UNITED REPUBLIC OF TANZANIA

BIG RESULTS NOW IN EDUCATION (BRNEd) PROGRAM

ENVIRONMENT AND SOCIAL SYSTEMS ASSESSMENT (ESSA)

(Draft for discussion)

Prepared by the World Bank

February 4, 2014

List of Acronyms

3R Reading, Writing, ArithmeticBRNEd Big Results Now for EducationCAS Country Assistance StrategyCIDA Canadian International Development AgencyCRB Contractor Registration BoardCSO Civil Society OrganizationDfID (UK) Department for International DevelopmentEIA Environmental Impact AssessmentEIS Environmental Impact StatementEMA Environmental Management ActEMP Environmental Management PlanERC Education Reform CompactESIA Environmental and Social Impact AssessmentESMF Environmental and Social Management FrameworkESMP Environmental and Social Mitigation PlanESSA Environmental and Social Management System AssessmentEWURA Energy and Water Utilities Regulatory AuthorityGDP Gross Domestic ProductGoT Government of TanzaniaLGA Local Government AuthorityMLHHSD Ministry of Lands, Housing and Human Settlements DevelopmentMoEVT Ministry of Education and Vocational TrainingMP Monitoring PlanNEMC National Environmental Management CouncilNEP National Environmental PolicyNGO Non-Governmental OrganizationOHS Occupational Health and SafetyOSHA Occupational Safety and Health AuthorityPAP Project Affected PersonPBD President’s Delivery BureauPDO Program Development ObjectivePEDP Primary Education Development ProgramPforR Program for ResultsPMO-RALG Prime Minister’s Office – Regional Administration and Local

Government RFP Request for ProposalSEDP Secondary Education Development ProgramSIDA Swedish International Development Cooperation AgencySIG School Incentive Grant

STEP Student Teacher Enrichment ProgramSWOT Strengths, Weaknesses, Opportunities and ThreatsTAC Technical Advisory CommitteeToR Terms of ReferenceULGA Urban Local Government AuthoritiesUPG Unreached People GroupULGSP Urban Local Government Strengthening ProgramUSAID United States Agency for International Development

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Table of Contents

Executive Summary

Section I Background

Section II Baseline Data

Section III Program Description

Section IV Scope and Methodology

Section V Potential Social and Environmental Effects of the BRNEd

Section VI Relevant Government Environmental and Social Management Systems

Section VII Operational Performance and Institutional Capacity Assessment in Managing Environmental and Social Impacts

Section VIII Recommended Remedial Measures to Strengthen Systems Performance

Section IX Stakeholder Consultations

Annexes

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EXECUTIVE SUMMARY

The Big Results Now for Education (BRNEd) Program is being supported under the World Bank’s Program-for-Results (PforR) financing instrument, which innovatively links the disbursement of funds directly to the delivery of defined results. This instrument builds on increased reliance on borrower safeguard and oversight systems. In terms of environmental and social management, PforR employs a risk management approach, in which process requirements are adapted to the Program context. For each proposed PforR operation, the Bank assesses—at the Program level—the borrower’s authority and organizational capacity to achieve environmental and social objectives against the range of environmental and social impacts that may be associated with the Program. Based on the Environmental and Social Management System Assessment (ESSA), the Bank suggests supplementary actions to strengthen regulatory authority or organizational capacity to effectively manage the program risks and promote sustainable development.

The current ESSA for BRNEd has been undertaken by Environmental and Social Specialists of the World Bank. The ESSA examines Tanzania’s existing environmental and social management system that is the legal, regulatory, and institutional framework guiding the program, defines measures to strengthen the system, and integrates these measures into the overall Program. The ESSA has been undertaken to ensure consistency with six “core principles1” outlined in the World Bank’s Operational Policy 9.00 - Program-for-Results Financing - in order to effectively manage environmental or social effects so as to strengthen the performance of BRNEd.

The ESSA process included extensive stakeholder consultations and disclosure of the ESSA Report following the guidelines of the World Bank’s Access to Information Policy. At present, the ESSA consultation process is embedded in the Program consultation process Feedback from stakeholders has been instrumental in designing and revising the program Action Plan, indicators, and technical manual.

Since the Bank funded BRNEd does not finance school constructions or any physical/civil works, it will not have a direct or significant environmental footprint. However its programmatic approach to Education provides significant opportunity to improve systemic implementation of environmental practices related to school functioning and operations. These can be instituted through (i) improved designs of buildings, kitchens and toilets, (ii) improvement and better management of sanitation and water supply systems, (iii) sound practices for waste management and recycling and (iv) greening schools and making them more climate resilient. The BRNEd also provides an opportunity to improve the existing grievance redressal and dispute mechanisms and consultation mechanism, along with enhancing awareness on environmental health issues. The program also offers the possibility of improved skills and capacity along with increased coordination among various ministries, agencies and donor partners on environmental and social aspects.

1 Detailed in Section I4

The BRNed ESSA Analysis presented identifies strengths, gaps and opportunities in Tanzania’s environmental and social management system with respect to effectively addressing the environmental and social risks associated with the Program. The analysis identified the following main areas for action in order to ensure that the Program interventions are aligned with the Core Principles 1, 2 3 and 5 of OP/BP 9.00. These could be further defined during the consultation process and during implementation, as required. The gaps identified through the ESSA and subsequent actions to fill those gaps directly contribute to the Program’s anticipated results to enhance institutional structures in education. The ESSA identifies the following key measures to be taken for improved environmental and social due diligence in the BRNEd :

Measures to Strengthen System Performance for Environmental and Social Management

Objective MeasuresDefining the System for Environmental and Social Management

While the BRNEd does not have direct or significant environmental footprint, its programmatic approach to Education provides significant opportunity to improve systemic implementation of environmental and social practices related to school functioning and operations. These can be instituted through (i) improved designs of buildings, kitchens and toilets, (ii) better management of sanitation and water supply systems, (iii) sound practices for waste management (iv) greening schools through energy efficiency and better water harvesting measures.

The BRNEd provides an opportunity to improve implementation and continued monitoring through systems improvement. The program also offers the possibility of improved skills and capacity along with increased coordination among various ministries, agencies and donor partners on environmental and social aspects. The existing grievance redressal and dispute mechanisms and consultation mechanisms will also be enhanced along with more targeted awareness programs about environmental health issues related to water, sanitation and hygiene.

The ESSA will follow the existing measures as defined in the Environmental and Social Management Framework prepared under the complementary World Bank funded project – Secondary Education Development Project (SEDP II) - to seek agreements with PMO-RALG, MoEVT and other Government agencies for instituting systems related to water supply and sanitation facilities to all schools, waste management and recycling, worker safety practices, gender and vulnerable groups, inclusive consultations, complaint handling mechanisms and community participation. Roles and responsibilities for environmental and social management,

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coordination and staffing for implementation and monitoring will be clearly defined at all levels. The process and criteria for reporting on environmental/social measures is part of overall Program reporting and record-keeping.

The above systems will be included in the BRNed Program Operations Manual. Monitoring and supervision of due diligence measures related to environmental and social issues will be a part of World Bank supervision and the Performance Indicators will be used to monitor implementation under BRNEd, along with the Annual Performance Assessment

The ESMF is consistent with Tanzanian systems and has been assessed and found compliant with OP/BP 9.00 principles, along with addressing identified gaps. Adoption of the SEDP-II ESMF in its totality is a requirement for BRNEd Program in its present scope. Although the SEDP-II closes in December 2015, the requirements detailed in its ESMF will continue to be applicable for this ESSA during the entire BRNEd lifetime.

However, if there are any changes to the current scope or if the BRNEd program is enlarged to include constructions and/or upgradations and physical/civil works and/or usage or acquisition of new land, then the ESSA will need to be reviewed and revised to ensure that all impacts are well assessed and appropriate mitigatory measures are incorporated to mitigate the higher risks involved

Technical Guidance and Implementation Capacity:

Technical guidance tools with regard to sound design of schools to ensure safe and healthy environments; improved water and sanitation systems for schools already exist in the GOT system. Additional guidelines for improved implementation, promotion of greener solutions in schools, retrofitting existing schools with greener measures and on inclusive consultation will be developed and detailed in the Operations Manual. Updating school designs for climate adaptation and resilience will be done. Inclusion of all groups, including the vulnerable and boys and girls to benefit from the program is already a part of the BRNEd program which will be implemented and monitored as a part of the overall program activity.

Addressing Capacity Constraints:

A capacity building and training program will be key to ensure that staff understand their roles, have the capacity to fulfill them, and clearly understand how environmental and social aspects will be evaluated through the Annual Performance Assessment. Training and awareness of importance of water supply, sanitation and hygiene and how to address grievances must be provided to all levels of officials including LGAs, School Boards and communities. The range and plans for capacity building will be developed and included

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in the Operations Manual

Improved systems for Information Disclosure and Stakeholder Consultation.

Accountability and transparency of institutions would be essential to ensure that the program support is (including the incentive program) used in a productive manner to reach all the groups (both teachers and students) who are targeted by the program. This will include a strengthened/newly developed Grievance redress mechanism which will be integrated into Program design. The Training and capacity building in community involvement and participatory decision making will be undertaken and dissemination and awareness raising activities for environmental and social due diligence measures will be built into BRNEd program.

Grievance redressal mechanism will be improved during Appraisal after consultations

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SECTION I: BACKGROUND

1 The BRNEd is being supported under the World Bank’s Program-for-Results (PforR) financing instrument, which innovatively links the disbursement of funds directly to the delivery of defined results. This instrument builds on increased reliance on borrower safeguard and oversight systems. The Environmental and Social Management System Assessment (ESSA) for BRNEd examines Tanzania’s existing environmental and social management system that is the legal, regulatory, and institutional framework guiding the program, defines measures to strengthen the system, and integrates these measures into the overall Program. The ESSA is undertaken to ensure consistency with six “core principles” outlined in paragraph 8 of the World Bank’s OP/BP 9.00 Program-for-Results Financing in order to effectively manage Program risks and promote sustainable development.

2 Those six principles are:i. Promote environmental and social sustainability in the Program design; avoid,

minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts

ii. Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program

iii. Protect public and worker safety against the potential risks associated with: (i) construction and/or operations of facilities or other operational practices under the Program; (ii) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (iii) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards

iv. Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards

v. Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups

vi. Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

3 The ESSA analyzes the system for environmental and social management as relevant for the program vis-à-vis each of these principles. The gaps identified through the ESSA and subsequent actions to fill those gaps directly contribute to the Program’s anticipated results to enhance institutional structures in education. The ESSA analysis, presents a detailed description of the Program activities and the baseline conditions for existing environmental and social management systems. The Report draws on baseline information and presents an analysis of the existing system vis-à-vis the core principles for environmental and social

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management in OP/BP 9.00, and presents an Action Plan that will be incorporated into the overall program.

SECTION II: BASELINE DATA

4 Tanzania sustained robust growth from 2001 to 2008 but the macroeconomic growth has not

translated into a corresponding reduction in poverty, with limited progress in terms of basic-needs income poverty. While the country has made significant strides in improving road quality, primary and secondary enrollment, and infant and under-five mortality rates, progress in some key reform areas has been very slow, such as in improving the quality of education.

5 The population of Tanzania is estimated to be about 40 million people with about 3% growth rate and is made up of mostly around 130 Bantu tribes. Tanzania has sustained robust economic growth of around 7 percent per year since 2000, becoming one of the best performers in Sub-Saharan Africa (SSA). One of the country’s main challenges is to translate these successes into significant improvements in employment and poverty reduction and poverty reduction has been slow. Although poverty levels have decreased from about 38.6% in 1991 to 33.6% in 2007 but poverty is still widespread and has implication for the household disposable income and the share allocated to different items (including education).With improvements in the GDP growth to over 7%, improvements in the poverty levels is visible particularly in the capital city.

6 Agriculture is the primary economic activity for 80% of the population living in the rural areas. The severe degradation of land, forests and water resources that support agriculture has become an obstacle to the revival of the rural economy. Life expectancy at birth is 47 years (decline due to AIDS) compared to 50 years average in SSA, and infant mortality of 85 per 1000 live births compared to 92 for SSA. Water and sanitation services are deficient, with access to improved water source estimated to be about 49% of population. Communicable diseases (HIV/AIDS, persistent malaria, ARI and diarrhea), malnutrition and poor quality health care have been major factors in poor survival indicators.

7 For the purposes of the ESSA, the groups identified as most vulnerable in the Tanzania Participatory Poverty Assessment are: children, persons with disabilities, youths (unemployed, females, youths with unreliable incomes), people living with long illnesses (e.g. HIV/AIDS), women (widows and those not able to support themselves), drug addicts and alcoholics. While there is little data on these specific groups, the experience with Project Affected People in similar projects found that a high proportion of PAPs (with respect to resettlement) had at least one vulnerable member in their household.2

2 Resettlement Action Plan for TSCP – Mbeya City Council9

8 A 2012 review of the Tanzania Development Vision 2025 led to the candid recognition by the Government that the implementation of programs and reforms was slow in key sectors. This compelled the authorities to adopt Big Results Now (BRN), which BRN program oversees and monitors the implementation of programs in order to accelerate the delivery of results in six key sectors; namely energy and natural gas, agriculture, water, education, transport and the mobilization of resources. The BRN is managed by the Presidency under the President’s Delivery Bureau and is supported by several development partners including the World Bank, USAID, Swedish International Development Agency, DFID, and the Bill and Melinda Gates Foundation. The BRN program started in mid-2013 and it is expected to have achieved its main targets by 2015.

9 In the Education sector, the illiteracy rate (% of population age 15+) is 25%. The Gross primary enrollment (% of school-age population) is 67% for males and 66% for females. Tanzania is on track to achieve the millennium development goal of universal primary education. Access at the primary level is almost universal (97.2% in 2007) and the primary completion rate is close to 90 percent. This has been due to the significant efforts made by the government to increase access for all, resulting in a huge enrollment expansion over the last 10 years. Enrolment in secondary school also almost quadrupled between 2005 and 2010, and overall growth rate of the student population is about 30% per year. However, over the same period, quality of education has dropped significantly. Evidence suggests that in the context of rapid enrollment expansion, there are serious service delivery failures, which in turn are leading to declining learning outcomes at the primary and secondary levels. In light of the unfolding crisis in education, a strong focus on improving the quality of education is beginning to feature prominently as a core ingredient of Tanzania's socioeconomic transformation. In terms of affordability of education, primary education is free for all but there may be some other related costs. Besides, in some schools there may be community contribution and the contributors could be beyond the parents of children in the school but encompass the larger community.

10 To address these issues and urgently improve quality of basic education, the Government of Tanzania signed an Education Reform Compact with 8 Development Partners and launched a transformation program called “Big Results Now for Education” (BRNEd) in January 20133. The implementation of the BRN Initiative is expected to fast track the improvement in quality of basic education service delivery, which in turn is expected to produce tangible improvements in learning outcomes of students. In the longer term, BRNEd is expected to lay the foundation of an outcome-based performance culture in education sector in Tanzania. The main guiding principles for BRNEd are – big potential impact on learning outcomes and fast delivery. The latter is necessitated by the need to urgently address low and falling learning outcomes. The more long-term, system-level interventions will remain a part of the broader government agenda and the ground work laid out by BRNEd will provide a further impetus for their implementation. The proposed Program-for-Results (PforR) supported by the World Bank has been designed to support the implementation of BRNEd.

3 BRN has been designed to improve delivery in several priority sectors, including education. The program is a result of the collaboration with the Malaysian government and adopts delivery model implemented in Malaysia since 2009 under leadership of Pemandu (President’s Office Performance Management and Delivery Unit).

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11 The Tanzania CAS builds on these directional strategies and focuses on four objectives, two of which are directly aligned with and relevant to the proposed PforR operation: (a) Strengthen Human Capital and Social Safety Net; and (b) Promote Accountability and Governance. The operation is fully aligned with and directly supports an important outcome envisaged by the CAS under Objective (a) noted above: ‘improved access to and quality of education’. In addition, the proposed operation is also fully consistent with the outcome related to Objective (b) noted above: ‘improved accountability and efficiency of public management.’ On the latter, the proposed operation helps to further accountability and good governance through improving public service performance management and responsiveness, as well as enhancing opportunities for greater citizen participation and engagement in education service delivery.

SECTION III: PROGRAM DESCRIPTION

12 In January 2013, the President of Tanzania launched the “Big Results Now in Education” (BRNEd) program, under which the traditional approach to planning and budgeting has been replaced by a more rigorous process of identifying challenges, setting goals, prioritizing key activities based on evidence, developing specific intervention details and ‘3-foot plans’ for implementation, including budget requirements for the specific interventions, and operationalizing a strong monitoring process from the central to the local levels. The BRNEd program is expected to fast track the improvement of quality of basic education service delivery, to produce tangible improvements in learning outcomes of students. The BRNEd includes nine activities which comprise a well-defined program of expenditures within the overall basic education program. These activities are summarized below:

To strengthen performance and improve transparency

i. Official school ranking for primary and lower secondary schools : The intervention will rank all schools by exam results every year and make it public to raise accountability and provide better visibility for all. It is considered that this effort will also improve community engagement in education issues.

ii. National (sample-based) 3R assessment for primary schools : There is no formally accepted 3R (reading, writing, arithmetic) assessment in early grades in Tanzania. The result is that early grades lack necessary focus on learning and students move up the grades without mastering the basic 3R skills. To address this issue, this intervention will involve implementation of 3R assessment in Standard II for a randomly selected sub-sample of primary schools in the country.

To motivate through incentives

iii. School Incentive Grant (SIG) for primary and lower secondary schools : The intervention will introduce monetary and non-monetary incentives (in the form of widely publicized recognition awards) to schools which have improved their results most every year, based on national exam results.

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iv. Improve teacher conditions for primary and lower secondary schools: The BRN aims to kick-start a larger teacher perception transformation in Tanzania, starting with recognizing the teachers through non-monetary incentives and clearing outstanding claims.

To address insufficient support and unequal resource distribution

v. School improvement toolkit for primary and lower secondary schools : Lack of training and management experience prevents many head teachers/ head of schools from improving quality in school. Within this intervention, a practical toolkit that includes best practices to manage a school is created, and will be distributed to every head teacher and head of school. In addition, each head teacher and head of school will be trained to drive quality improvement.

vi. 3R teacher training program for primary and lower secondary schools : After running the 3R assessment and determining regions which need most support, a teacher training program for Standard I and Standard II teachers will be conducted specifically on how to teach these basic skills effectively. 6,000 (out of 16,000) schools in 40 (out of 136) low-performing districts by delivering cascade training to two teachers in each school.

vii. Student teacher enrichment program for primary and lower secondary schools : Classrooms are overcrowded, and lower performing students lack adequate attention to address learning needs. Many teachers lack basic skills and tools for effective teaching, such as lesson plans. To turn around, BRNEd will implement the Student Teacher Enrichment Program (STEP) in primary and secondary schools to capacitate teachers to identify and support low performing students. There will be test exams to determine students who need most support and areas where they are lacking most knowledge. Then, teachers will be trained on these specific aspects of the curriculum and on conducting classes for low performing students. Finally, existing teachers who have been trained on STEP will conduct additional classes for these students.

viii. Timely delivery of adequate capitation grants for primary and lower secondary schools : Sufficient books and material do not reach schools due to process inefficiencies and budgetary constraints. To address this issue, this intervention will involve strengthening the monitoring and delivery systems to ensure successful and timely capitation grant delivery to schools.

To improve access to basic education

ix. Tracking of construction of basic facilities at lower secondary schools .

PforR Support

13 The World Bank’s new Program for Results (PforR) financing instrument provides an excellent fit for supporting the Government’s BRNEd program. It will extend to the entire BRNEd program of expenditures, with the exception of ‘construction activities’. The scope of PforR support and how it fits within the Government’s BRNEd program and overall basic education program is described below.

14 The Project Development Objective (PDO) is to improve education quality in public schools at primary and lower secondary level. This objective is fully aligned with the key priorities

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of the Government’s basic education program and - in particular – the specific objectives of the BRNEd program. The support falls under three main categories of Technical Assistance (TA), as detailed below:

15 TA to strengthen technical designi. TA for prioritized budget framework (US$ 0.5 million). Technical assessment reveals

high risks around resource inequity and inefficiency at the district level. There is wide variation in the education budget execution rates for individual districts. In addition, there is substantial regional variation in capitation grant levels for both primary and secondary schools. To mitigate these risks, in addition to other measures (such as DLIs), TA will help establishment of sector-wide framework for priority budget disbursement. This TA will be provided before program effectiveness.

ii. TA to build-in explicit mechanisms for course correction (US$ 3 million). Technical assessment shows that BRNEd has detailed implementation plans but these plans can be strengthened by building-in mechanisms for course-correction, using principles of Science of Delivery. This would enable periodic check-ins where lessons learnt from ongoing implementation are built-into future implementation plans. This TA will be provided in the first two years of program implementation and will include:

• Support for continuation of periodic BRN ‘mini-labs’ as a means for ‘checking-in’ on progress since the initial BRN lab, as well as adapting at strategic moments, where appropriate, to stay on track to meet target results and DLIs. This will be of particular importance following elections in early 2015.

• TA for impact evaluation. For certain innovative interventions/activities, like (a) STEP training and (b) performance-based recognition awards for teachers, TA will be provided for rigorous impact evaluations that yield mid-implementation results, will be used to refine design and implementation before national scale-up.

16 TA for results monitoringi. TA for EMIS strengthening (US$ 3.5 million). This TA includes support to improve

quality, efficiency, and reliability of school-level data collection. It will also help strengthen mechanisms for data accessibility and use for planning. The design for this TA is being finalized and procurement is expected to begin by March 2014. The fully-strengthened EMIS system is expected to be in place by February 2015.

ii. TA for Student Assessment (US$ 1 million). Additional measures are needed to ensure the reliability of PSLE and CSEE pass rate data as proxies for learning gains. This concern stems from the high degree of volatility that these rates have demonstrated in the last few years. In addition to other measures (independent verification), this risk will be mitigated through TA to NECTA for: a) aligning question items to a benchmarked student competency framework, and b) assistance with technology-intensive data analyses practices around student assessments and psychometrics. This TA is expected to be leveraged by October 2014

iii. TA for generating direct beneficiary feedback (US$ 1 million). Assessments reveal that at present Government M&E systems do not include any mechanisms to obtain data from ultimate beneficiaries – teachers, students, and parents. To this end, TA will be provided

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to help leverage mobile technologies for collecting data from ultimate beneficiaries. Design of this TA is underway and it is expected to be fully leveraged by October 2014

17 TA for implementation support (US$ 2million) i. Assessments reveal the need for capacity building at the local implementation level –

region, district, local government authorities (LGAs), and wards. Program TA will help provide this capacity building aimed at: (i) stakeholder mapping and identification of implementation bottlenecks; (ii) familiarizing implementation-level actors with program results, operational manual, and monitoring systems; (iii) designing mechanisms at the local level to enhance the effectiveness of training of trainers model, use of data for planning, and effective utilization of capitation grants. This TA will be provided in the first two years of program implementation.

18 The only BRNEd activity not included as part of the PforR support is ‘tracking of construction of facilities’. The rationales for exclusion are twofold. First, construction of facilities relates largely to improving access and only indirectly to improving quality within the basic education sector. Given that – based on discussions with Government – the PforR support is aimed at improving quality of education services; construction of facilities does not conceptually fit into the design of the PforR support. Secondly, construction of facilities is currently being supported under the ongoing IDA financed SEDP II program.

19 Disbursement Linked Indicators (DLIs) have been designed to serve as triggers for performance-based payments within the program. They are a blend of outcome, output, and process indicators (key actions needed to address specific constraints to achieving development objectives). More broadly, they are expected to lay the foundation of systemic results-based management approaches and systems for education service delivery in Tanzania. Like all other education programs, the BRNEd Program will be implemented by the Ministry of Education and Vocational Training (MoEVT) and Prime Minister’s Office- Prime Minister’s Office – Regional Administration and Local Government (PMO-RALG).

Development Partners

20 The World Bank has a long history of support to education in Tanzania, starting with the Primary Education Development Program (PEDP), which was successful in increasing access to primary education. This was followed by Secondary Education Development Program (SEDP) I and currently SEDP II, which focuses on improving the quality of secondary education in the context of rapid expansion. The Bank is also the lead partner supporting reforms at the higher education level. Other key partners in the education sector include DFID, CIDA, SIDA, and USAID along with several other UN agencies and NGOs/ CSOs. The BRNEd Program will be supported by the World Bank, DFID and SIDA.

SECTION IV: SCOPE AND METHODOLOGY

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21 The ESSA is an ongoing process that began with the collection of baseline data/information used in the analysis followed by laying out the measures and actions to strengthen system performance that will continue throughout implementation of the Program. The section below outlines the various steps that have been undertaken in the process.

22 For the ESSA the following activities were undertaken:i. Review of the relevant laws, regulatory frameworks, and guidelines and identifies

inconsistencies with the social and environmental elements of OP/BP 9.00;ii. Review and assessment of the institutional roles, responsibilities, and

coordination and analysis of current capacity and performance to carry out those roles and responsibilities; and

iii. Consideration of public participation, social inclusion, and grievance redress.

23 The process used was designed to assess the environmental and social management system that will be applied to BRNEd. This included: (i) analysis of the national system for environmental and social management for planning and implementing programs in the education sector for consistency with the standards outlined in OP/BP 9.00; (ii) identifying where there are procedural and policy gaps with OP/BP 9.00 as well as performance constraints in carrying out environmental and social management processes; and (iii) developing a set of viable actions to strengthen the system and improve performance.

24 The baseline information/data reviewed include socioeconomic, infrastructure, and environmental (existing conditions), the potential environmental and social effects (including benefits and negative impacts) of Program activities, and then the relevant system for managing those effects.

25 The ESSA has benefited from various inputs, including a legal and regulatory analysis; a desk review of World Bank implementation reports from related projects (Primary Education, SEDPs and higher education projects); various World Bank donor reports and Government of Tanzania statistics (including the CAS progress report, DFID Social Appraisal and gender analysis of Education Project, Global Partnership for Education-Literacy and Numeracy Education Support program document, Government of Tanzania-Basic Statistics in Education BEST 2012); field visit to schools to assess environmental and social conditions and institutional capacity; and meetings with government agencies, Development Partners, and other stakeholders. The World Bank Specialists have worked closely with PMO-RALG and MoEVT to develop the ESSA, and prepare the Action Plan as a guide to identify and mitigate impacts and strengthen the management system.

26 Based on recommendations from Program stakeholders, the ESSA assesses the overall Program system for environmental and social impact management. The ESSA has been prepared based on the current BRNed program funded by the Bank focuses only on improving service delivery and strengthening systems and does not finance physical constructions or civil works. Therefore the ESSA has assessed that environmental impacts of BRNed are limited since there are no large-scale constructions or civil works expected under the program. The social footprints are also insignificant as no land acquisition or

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relocation is envisaged. As a common practice land is provided by the community mainly from communal land for schools. However, in this program there will be no need for land as civil works are not envisaged. Experience has not shown any other land related impacts in the education sector.

27 The ESSA Analysis was conducted using a Strengths-Weaknesses-Opportunities-and- Threats (SWOT) approach - the “weaknesses”, or gaps with OP/BP 9.00, are considered on two levels: (i) the system as written in laws, regulation, procedures and applied in practice; and (ii) the capacity of Program institutions to effectively implement the system.

28 The Analysis section focusses on the strengths, gaps, potential actions, and risks associated with Program systems with respect to the nature, scale and scope. This is structured to examine arrangements for managing the environmental and social effects (i.e., benefits, impacts and risks) of the Program. The analysis also examines whether the system as written in policies, laws, and regulations compares to how it is applied in practice at the national and local levels. In addition, the analysis examines the efficacy and efficiency of institutional capacity to implement the system as demonstrated by performance to date.

29 The analysis presents a scenario on whether the current system: (i) mitigates adverse impacts; (ii) provides transparency and accountability; and (iii) performs effectively in identifying and addressing environmental and social risks. The overarching objectives are to ensure that the risks and impacts of the Program activities are identified and mitigated, and to strengthen the system and build capacity to deliver the program in a sustainable manner. The BRNed ESSA proposes measures to strengthen the system. This section translates these gaps and opportunities into a viable strategy to strengthen environmental and social management capacity and performance at the national and local level.

SECTION V: POTENTIAL SOCIAL AND ENVIRONMENTAL EFFECTS OF BRNEd

5.1 Potential Environmental Benefits and Risks

30 The BRNEd of the World Bank focuses on improving service delivery and strengthening systems through Technical Assistance and does not finance physical constructions or civil works. The anticipated adverse environmental and social effects of such a program are therefore not expected to be hugely significant or detrimental. The ESSA is intended to also facilitate the GOT and implementing agencies in overcoming the deficiencies with regard to environment, health and safety aspects in schools and institute systemic improvements including implementation.

31 The program activities are not expected to have significant environmental footprint but provide an opportunity to enhance systems with regard to ensuring safe, clean and sustainable surroundings in schools, which is recognized as a basic prerequisite for ensuring

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a conducive learning and teaching environment. In this context, the broad environmental goals of such a program would be to:

i. Create a safe/hazard free school environment with easy and safe accessibility ii. Conserve energy and natural resources, employ day-lighting strategies and promote

habitat protection, sustainable use of locally sourced materials and water harvesting iii. Improve indoor air quality and avoid exposure to toxic materials iv. Employ sustainable purchasing and green practices such as waste management efforts

and recycling

32 The key environmental risks associated with the program are specifically related to environmental health concerns of students and teachers in the following scenarios:

i. Inadequate water supply and sanitation facilities, which are not only are a health hazard, but also affect school attendance, retention and educational performance.

ii. location of schools are in or near sources of high potential pollution such as waste disposal sites/landfills, slaughter houses, cattle-sheds, or any other probable source of infectious diseases.

iii. unsafe building materials such as asbestos and low cost chemical (lead) paints are used in the school buildings.

iv. adequate potable water is not available, particularly in areas where ground water has fluoride or heavy metals

v. poor indoor air quality and insufficient ventilation in classrooms vi. inadequate facilities and access for physically challenged

vii. disaster/Fire Safety and emergency response arrangements, especially if the schools are located in difficult sites such as hilly areas; erosion prone sites or high vulnerability areas.

33 Inadequate water supply and sanitation facilities in schools in Tanzania has been a persistent problem over decades contributing to poor learning environment, absenteeism, underperformance and higher dropout rates mostly for adolescent girls. A detailed 2009 study supported by UNICEF and other partners that covered all schools in 16 districts showed that over 80 percent of schools lacked functioning hand-washing facilities (detailed in the table below4). Schools where water and sanitation facilities lack privacy, are unsafe, or are non-existent are likely to have the poorest attendance records and highest drop-out rates. After reaching puberty, girls in particular are less likely to regularly attend school if toilet and hygiene facilities are inadequate or non-existent

Issue Percentage1) Schools with no water supply in the school premises 38%2) Schools with no functional hand washing facilities 84%3) Schools with no doors on girls latrines 52%4) Schools with no sanitary facilities suitable or 96%

4 Source: School WASH Mapping in 16 districts, by SNV, WaterAID, UNICEF (2009); TDHS 2010; BEST 2010

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accessible to children with disabilities5) Average pupils/latrines drop hole in public

and private primary schools nationwide 56

6) Average pupil/latrine ratio in government primary schools in Dar es Salaam 215 boys/187 girls

34 Rapid increase in primary school enrolment since the abolition of school fees in 2002 put a

heavy burden on existing school infrastructure and particularly on WASH facilities, which generally were already suffering from poor operation and maintenance. Many new schools and classrooms were built with no consideration for WASH facilities or if built, these rarely followed any standards. Children in such schools also face increased health risks including diarrhoea, worms and urinary infections - which can impact their ability to learn and could result to increased absenteeism. Poor attendance often translates into poor performance, and students who perform poorly are more likely to drop out early from school.

5.2 Potential Social Benefits and Risks

35 The anticipated social effects of the program are not expected to be significant but are sufficient to require attention to improve the quality of the program. On the positive side, the physical interventions are not expected to have large footprints in terms of loss of land or assets/livelihood etc. since land acquisition is not envisaged. Besides, there is an on-going complementary project under implementation by the government of Tanzania that is implementing a Social and Environmental Management Framework to mitigate negative impacts. The social implications of the interventions the program is expected to address include among others :

i. Povertyii. Crisis in education (Access to quality education and retention)

iii. Gender

iv. Security & better facilities

v. Community participation and representation in School Committees

vi. HIV/ AIDS

vii. Location of schools

viii. Inclusion (better vs poor performers), focus on all regions (including the backward ) and /equity in distribution

ix. Existence of a grievance redress mechanism at the village level

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36 The crisis in education manifests itself through the miniscule proportion of students who complete secondary education (less that 5 percent) that leads to poor human capital development impacting the productivity of the labor force. These impacts can be attributed to restricted initial access and high drop-out/low retention rates. The transition rate between primary school completion and secondary education can be estimated to be about 50 percent. Another important aspect is the variation in the quality of student achievements in terms of better and poor performers, where focused attention is required on the poor performers to provide them with opportunities and a level playing field. There is also a need to ensure that all regions receive attention particularly the rural areas and those with less opportunities.

37 Gender issues exist in most countries where women are often disadvantaged due to different initial endowments than men. Women are poorer in terms of asset ownership (including land), financial endowments, human capital development (including education levels) and also due to the type of economic activities they pursue. Culture also greatly influences the gender balance and sustains the inequality. The Government of Tanzania has undertaken a number of initiatives to improve the status of women and promote gender equality, including the establishment of the Ministry of Women Affairs and Children, the creation of a gender committee to oversee and ensure that sectoral investments respond to the priority needs of both women and men; and the recent land legislation providing women the right to inherit, own, and dispose property; Although significant progress is visible across gender in the primary school cohort but the gap between boys and girls tend to widen in the secondary level. Furthermore, the quality of education is not visible in the number of years spent in school and this is a determinant of the benefits from education both in terms of employment opportunities and contribution to life skills. thus more focused attention would be required to improve the educational attainments of both boys and girls at the different levels but more specifically for girls at the secondary level.

38 A secure/safe and comfortable school ( with better facilities including toilet) would contribute to better learning opportunities and encourage enrollment, lower attrition rates and better retention rates leading to completion of school level education for all students (particularly girls in puberty, for whom availability of toilet and water is important). Improving WASH in schools is essential for keeping girls in school, and ensuring their right to education.

39 The location of schools plays a major role in maintaining attendance. If schools are located in remote out of the way areas with problems in access, it is likely to attract and retain less students. Consultations (in some form) are in practice in the education sector, where the community through its representatives (school committees and village leadership) determine the location of the schools, which is usually needs based. Schools are located on either government owned land or land donated by the community. Private land can also be bought by the Village Council. For donated land, a notification is sent to the Village Authority who undertake due diligence in terms of determining ownership and then issue a formal letter (for surveyed land). For non-surveyed land, they issue a paper of ownership in the name of the school. Budget planning for the schools is done by these groups. At the sector level, there are consultations between the government and other stakeholders on thematic area .

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40 The success of all initiatives that require ownership of the participants and the target groups would require active participation of the community at all levels. It is will encourage school attendance and retention, , teacher presence, and better school results through social accountability and community monitoring of the functioning of the schools and the results agreed upon.

41 The epidemic of HIV/AIDS has impacted not only the life expectancy (48 years) but also influences the coverage and quality of education The demand for education in such a scenario is constrained by fewer resources from reduced income ( due to morbidity related to HIV/AIDS) and alternative uses of resources with health care consuming a major chunk. The HIV/AIDS epidemic has had a three- fold impact. It has led to many children becoming orphans, leading to dropouts to seek work and contribute to household income, and/or to care for sick parents. On the supply side it affects the education services through reduced personnel due to increased mortality, morbidity and absenteeism.

42 The GOT makes an effort to be inclusive of all groups without discrimination and education is free and compulsory, where the medium of instruction is Swahili (language spoken and understood by all groups) or English (in the private sector). It is highlighted that inclusion of all groups including social/economic groups, vulnerable and other less advantaged groups and regions is important in terms of equity in distribution and to allow for holistic development of the sector with no child/student left behind. Efforts need to be continued to ensure that benefits reach all groups.

43 At the local/village level there are many committees as a part of the local government system including one to deal with complaints/grievances. It comprises the chairman and members who are all elected representatives of the people.

Social Risks: The social risks may include the following;

i. Land requirements: The normal practice in the sector is for land to be contributed by the community and land has not been a constraint in the past. However, for this program there is no land acquisition or land take expected in any form, in the absence of any new civil works, hence land acquisition is not any issue and considered a low risk.

ii. Weak participatory decision: Participatory decision making and community involvement are major aspects of the program. Although community is involved through the school committees and boards but the leadership determines the level of involvement. The participatory nature of decision needs to be encouraged as against mere involvement of communities. This would require sustained outreach and planning.

iii. Conflict management: Conflicts management mechanism is an important part of any development activity involving various players and particularly when new ways of working and innovations are introduced. If unmitigated, it may upset the expected outcomes.

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iv. Equity between regions / ethnic and vulnerable groups and elite capture of most of the incentive programs and politicization of decision making are risks that need to be assessed since the program is spread over the country. Monitoring would provide the status and mitigation will need to be undertaken, if any signs are visible.

SECTION VI: RELEVANT GOVERNMENT ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS

6.1 Description of policy and legal framework.

44 The GOT has a number of policies, instruments and laws which support environmental and social management and the environmental and social impact assessment processes. There are a number of sectoral policies which provide directives to integrate environmental and social considerations in the decision making process to avoid or minimize impacts associated with program implementation, specifically related to operation and provision of utilities to schools.

6.1.1: Environment 45 The National Environmental Policy (1997): The NEP provides the framework for

incorporating and mainstreaming environmental and social considerations into decision-making in Tanzania. The overall objectives are to:

i. ensure sustainability, security and the equitable use of resources without degrading the environment or risking health or safety.

ii. prevent and control degradation of land, water, vegetation and air iii. conserve and enhance the natural and manmade heritage, including biological

diversity of the unique ecosystems of Tanzania. iv. improve the condition and productivity of degraded areas, including rural and

urban settlements, v. raise public awareness and understanding of the essential linkages between

environment and development, and promote individual and community participation in environmental action.

vi. promote international cooperation on the environmental agenda.

46 The NEP is a comprehensive attempt to guide the conservation and management of natural resources and the environment. It provides for cross-sectoral and sectoral policy guidelines, instruments for environmental policy, and the institutional arrangements for environmental management for determining priority actions and monitoring. The NEP provides the following environmental policy instruments: environmental impact assessment –

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environmental legislation, which was adopted in 2004. The NEP requires environmental education and awareness-raising programs to be undertaken in order to promote informed opinion. It encourages environmental education to be introduced into primary and secondary school curricula to inculcate values that support responsible environmental care, and discourage attitudes that are incompatible with sustainable ways of life.

47 As stated in the NEP, the environmental objective of the Water, Sewerage and Sanitation sector is to support the overall national objective of providing clean and safe water within easy reach, to satisfy basic needs, to protect water sources and prevent environmental pollution. The NEP requires planning and implementation of water resources and other development programs in an integrated manner and in ways that protect water catchment areas and vegetation cover and promotion of technology for efficient and safe water use.

48 There has not been systematic monitoring of progress of implementation of the NEP and no reviews of environmental performance are undertaken annually. There are no published documents/reports on monitoring and reviewing environmental performance.5 It has also not been widely distributed in the Kiswahili language, which is used by the majority of the implementers, most of whom do not speak English.

49 The Environmental Management Act No. 20 of 2004: This Act is a framework Act in that it is the legislation governing environmental aspects in Tanzania. It includes provisions for sustainable management of the environment, prevention and control of pollution, environmental quality standards, public participation, and the basis for the implementation of international environmental agreements6. The Act sets out the mandates of various actors to undertake enforcement, compliance, review and monitoring of environmental impact assessment, to facilitate public participation in environmental decision-making and to exercise general supervision and coordination matters relating to the environment. Institutionally it provides for the continuation of the National Environmental Management Council (NEMC), which is mandated to oversee environmental management issues and review programs to decide whether they need to undertake EIAs and prepare Environmental Impact Statements (EISs).

50 The EMA has established environment units in all ministries and environmental committees

at the regional, district and village levels. Within each ministry, it is the Environmental Section’s responsibility to ensure that environmental concerns are integrated into Ministry’s developmental planning and project implementation in a way that protects the environment.

51 Water Utilization (Control and Regulation) Act, (No. 42) 1974: This Act, and its amendments, is the principal legislation dealing with the protection of water resources and control of water extraction for different uses. The extraction of water for different users is controlled through a “water right permit”. The projects need to undertake the procedures for acquiring and managing water rights, discharges to open environment and maintenance of water quality, which are provided by this act.

5 A Review of Current Tanzanian National Environmental Policy July 18, 2008 By Maro, Paul S6 Environmental law in Tanzania; how far have we gone? Daniel Mirisho Pallangyo

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52 Energy and Water Utilities Regulatory Authority (EWURA), 2001: The general functions of EWURA are to regulate the provision of water supply and sanitation services by a water authority or other person including the establishment of standards relating to equipment and tariffs chargeable for the provisions of water supply and sanitation services.

53 The legal framework for water supply and sanitation is based on the Water Supply and Sanitation Act no 12 enacted in May 2009. The Act outlines the responsibilities of government authorities involved in the water sector, establishes Water Supply and Sanitation Authorities as commercial entities. The National Water Sector Development Strategy (NWSDS) 2006-2015 sets out a strategy for implementing the National Water Policy, which aims to achieve sustainable development in the sector through an "efficient use of water resources and efforts to increase the availability of water and sanitation services." The National Water Sector Development Program (WSDP) of 2006-2025 sets out to promote the integration of water supply and sanitation with hygiene education.

54 The Occupational Safety and Health Authority (OSHA) has been set up to administer occupational health and safety at workplaces in the country. The role of OSHA is to improve health and safety (wellbeing) of workers and workplaces by promoting occupational health and safe practices in order to eliminate occupational accidents and diseases, hence achieve better productivity in the workplaces The Ministry of Labour and Employment is the main actor with the oversight role of ensuring that decent work is practiced and maintained in Tanzania. It provides directives, technical advice, enforces legislations, proposes amendments, allocates resources, oversees all activities carried out by OSHA and ensures that OHS rules and regulations are adhered to and maintained at workplaces.

6.1.2 Social:

55 Land Policy (1997): The Land Policy and laws emanating from it, addresses issues of: land tenure, promotion of equitable distribution of land access to land by all citizens; improvement of land delivery systems; fair and prompt compensation when land rights are taken over or interfered with by the government; promotion of sound land information management; recognition of rights in unplanned areas; establishment of cost effective mechanisms of land survey and housing for low income families; improvement of efficiency in land management and administration and land disputes resolution, and protection of land resources from degradation for sustainable development.

56 Land Act No 4 of 1999. Private property is given either through Granted Rights in General and Reserved Land (Land Act, Section 19) or through Customary Rights in Village land (Village Land act , Section 22). Provision is also made for holding land by joint occupancy or occupancy in common (Land Act, Part XIII). This is under the Ministry of Lands and Human settlements.

57 Village Lands Act, No. 5 of 1999: The act requires each village to identify and register all communal land, and obtain the approval of all members of t4he village for identification and

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registration (Village Assembly, Section 13). A Register of communal land (section 13(6) is to be maintained by each village land council, and land cannot be allocated to individuals, families or groups for private ownership (section 12(1) (a)). This is also under the Ministry of lands and human settlements.

58 Land Act, Cap.113 R.E. 2002: The major function of the Land Act is to promote the fundamentals of the “National Land Policy”, through giving clear classification and tenure of land, land administration procedures, rights and incidents of land occupation, granted rights of occupancy, conversion of interests in land, dispositions affecting land, land leases, mortgaging of land, easements and analogous rights, co-occupation and partitioning and settlement of land disputes. Section 1(4) classifies Tanzanian land into three categories: Tanzanian land falls into three categories, namely: Reserved Land: set aside for wildlife, forests, marine parks, etc. Specific legal regimes

govern these lands under the laws which established them e.g. Wildlife Conservation Act, Cap 283 National Parks Ordinance, Marine Parks and Reserves Act, etc.

Village Land includes all land inside the boundaries of registered villages, with Village Councils and Village Assemblies given power to manage them. The Village Land Act, Cap 114 governs the land and gives details of how this is to be done.

General Land is neither reserved land nor village land and is therefore governed by the Land Act and managed by the Commissioner.

59 All urban land falls under General Land Category, except land which is covered by laws constituting reserved land, or that which is considered hazard land. General land is governed by the Land Act. Reserved land includes environmental protected areas as well as areas intended and set aside for spatial planning and (future) infrastructure development.

60 Rights of occupancy is given in two categories that separate the rights of citizens and non-citizens to occupy land. Section 19 (1) confers right to all citizen to occupy land; 19 (2) and 20(1) excludes non-citizen to occupy land except for purpose of investment (Tanzania Investment Act 1997). Property rights can be created over surveyed general land or reserved land; for a period of 33, 66 or 99 years; confirmed by a Certificate of Title.

61 Land Acquisition Act Cap118, 1967 R.E. 2002: The Land Acquisition Act is the principal legislation governing the compulsory acquisition of land in Tanzania. Sections 3-18 of the Act empower the President to acquire land, and provide the procedures to be followed when doing so. The President is empowered to acquire land in any locality provided that such land is required for public purposes, and those who will be adversely affected to the acquiring of land by the government are eligible for the payment of compensation.

62 The Local Government Act, 1982 (as revised in 2002) and its amendments, the village, district and urban authorities are responsible for planning, financing and implementing development programs within their areas of jurisdiction. Each authority has to suppress crimes, maintain peace, good order and protect the public and private property. LGAs are also capable of holding and purchasing, or acquiring and disposing of any movable or immovable properties.

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63 Gender Policies: There are a number of policies positively impacting gender. Important among them include the following: i) A Gender Policy with positive implication. ii). There is also an Affirmative Action Policy. iii) Tanzania passed the Sexual offenses Act in 1998 and iv) an Action Plan against Gender Based Violence since 2010.

64 Constitution of Tanzania 1977(amendments in 1998)Article 11

(2) Every person has the right to self-education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability. (3) The Government shall endeavor to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education and vocational training at all levels of schools and other institutions of learning.

65 Rights of the Child: Tanzania is a signatory to the Convention on the Rights of the Child and has submitted the 3 reports in 2013

6.2 Technical guidelines

66 The GOT, through its Ministry of Education and Culture (MoEC) established a Development Grant (DG) in 2004 with the overall objective to improve the quality of and access to secondary education in Tanzania. The architectural and engineering standards and construction guidelines, along with verification, reporting and monitoring instructions were defined in a series of Technical guidelines and Handbook. There are the following special requirements for all existing and new schools7:

i. Drinking water facilities must be available or included as part of the community or DG contribution.

ii. Latrines or toilets must be available or included as part of the community or DG contribution. The Head of School must ensure that hygiene awareness training is available for students and separate latrines or toilets are allocated to girls.

iii. An effective School Construction Committee must be in place for new schools, and should be made up of at least 30% women.

67 The standardized guidelines for monitoring quality control of works includes aspects related to location and siting of school building, habitat conservation, foundations, school building design etc.

68 All World Bank funded projects in the Education sector in Tanzania have implemented Environment and Social Management Frameworks (ESMFs), which have been developed after disclosure and consultation with key stakeholders. As per World Bank supervision records, all these ESMFs have been implemented by the implementing agencies responsible for the projects. The ESMFs identified environmental and social impacts of the projects and clearly outlined mitigation measures, capacity building and monitoring requirements.

7 Ministry of Education: Construction guidelines for secondary education development plan 2004 - 200925

6.3 Description of institutional framework.

The main institutions with key responsibilities for environmental and social management in the Education sector are:

69 The Office of the Vice President: The vision of the Ministry of Environment of the VPO is “to attain sustainable human development, eradication of poverty, security and equitable use of resources on a sustainable basis to meet the basic needs of the present and future generations without degrading the environment or risking health or safety and also maintain the union between the mainland Tanzania and Zanzibar”. The mission of the VPO is “to formulate policies and strategies on poverty eradication, protection of environment and non-governmental organizations as well as co-ordinate all issues pertaining to the mainland Tanzania and Zanzibar”. VPO is the ministry responsible for policy, planning and implementation oversight on issues relating to the Environment in Tanzania. The VPO is therefore responsible for overall policy guidance and advice on the development of strategic environmental vision, including formulation, analysis and appraisal of broad environmental policy, as well as formulation and review of broad environmental goals, in conformity with such vision. The VPO provides a basis for a broad political legitimacy for the administration of strategic policy decisions on a routine and continuous basis for coordinated environmental management. PMO-RALG, through the Local Government Authorities (LGAs), is responsible for the actual implementation of the primary and secondary education programs.

70 Primary and Secondary education is overseen by the Ministry of Education and Vocational Training MoEVT. Primary education is administered by local authorities, which report to the President’s Office - Regional Administration and Local Government (PMO-RALG), while secondary schools and Teacher Colleges preparing primary school teachers, are directly under MoEVT. The Ministry of Higher Education, Science, and Technology (MHEST) oversees higher and technical education.

71 The MOEVT has overall responsibility for the Management and Administration of Education and Training in mainland Tanzania. It is mandated to develop and implement education policies which provide equal opportunity to quality education for all Tanzanians and ensure development of a productive quality human resource base through education and training. Since the function of administration of primary and secondary school education has been decentralized to Local Government Administrations (LGAs), MOEVT puts in place mechanisms for strengthening the quality assurance and regulatory organs so as to ensure that education is provided in accordance with the set standards. The MoEVT is responsible for hygiene education and the provision of clean water and sanitation in schools.

72 The National Environment Management Council (NEMC) is responsible for ensuring that development programs comply with all relevant environmental laws and regulations. It is responsible for enforcing pollution control and performs the technical arbitration role in the undertaking of Environmental Impact Assessments. The sectoral and district environmental units are responsible for developing sectoral guidelines within the framework of the national

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guidelines, issuance of EIA registration forms and provide relevant information on policies and other administrative requirements. The NEMC provides periodic monitoring to ensure no adverse cumulative impacts from school construction program at the national level. It provides oversight and technical assistance to the Local Government Authorities when required.

73 The Ministry of Water and Irrigation is the agency responsible for co-ordination, monitoring and regulating community water supply. The promotion of hygiene and sanitation rests with the Ministry of Health and Social Welfare. Due to decentralisation in the water and sanitation sector Local Government Authorities (LGAs) are responsible for service provision of water and sanitation in their administrative areas, with advise from the PMO-RALG.

74 Local Government Authorities (LGAs) review and clear the environmental and social management process, required of the School Boards (SB), prior to funding the any construction or civil works program. They ensure proper accounting at the school level and are responsible for :

i. ensuring school construction programs comply with Tanzania’s environmental laws and requirements;

ii. receiving, reviewing and commenting and clearing of School Boards completed environmental and social screening forms and checklists;

iii. carrying out a regular and intrusive monitoring regime during the planning, implementation, construction, operations and maintenance stages of the schools;

iv. preparing periodic monitoring reports on the school construction programs at all stages of operations and to send these reports on a regular basis to the MoEVT; and

v. complying with (consistent with national laws) the directives of NEMC and MoEVT,

75 The School Boards are responsible for; i. complying with all national laws regarding the environment and with all social/poverty

guidelines, parameters and targets;ii. implementing school construction program with all appropriate mitigation measures as

defined in the construction planning cycle, technical and engineering designs and drawings, and civil works contracts, etc; and

iii. ensuring that these mitigation measures are complied with during construction and post construction (i.e. operations ) stages of their activities, by self monitoring of their activities and by periodically reporting to LGAs; and maintaining an adequate budget to implement the appropriate maintenance procedures

SECTION VII: OPERATIONAL PERFORMANCE AND INSTITUTIONAL CAPACITY ASSESSMENT IN MANAGING ENVIRONMENTAL AND SOCIAL IMPACTS

76 Based on a review of the baseline data and detailed analysis of the environmental and social effects of the Program and the institutional context, the Analysis presented here is organized

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by each of the six Core Principles outlined in OP/BP 9.00 and synthesizes the main findings using the SWOT (Strengths-Weaknesses-Opportunities-Threats) approach, which is adapted and applied to the PforR context in the following way: Strengths of the system, or where it functions effectively and efficiently and is

consistent with OP/BP 9.00; Inconsistencies and gaps (“weaknesses”) between the principles espoused in OP/BP

9.00 and capacity constraints Actions (“opportunities”) to strengthen the existing system. Risks (“threats”) to the proposed actions designed to strengthen the system.

Summary of System Assessment

Core Principle 1: General Principle of Environmental and Social Management OP 9.00: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in Program design; (b) avoid, minimize or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects.BP 9.00: Program procedures will: Operate within an adequate legal and regulatory framework to guide environmental and social

impact assessments at the program level. Incorporate recognized elements of environmental and social assessment good practice,

including (a) early screening of potential effects; (b) consideration of strategic, technical, and site alternatives (including the “no action” alternative); (c) explicit assessment of potential induced, cumulative, and trans-boundary impacts; (d) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; (e) clear articulation of institutional responsibilities and resources to support implementation of plans; and (f) responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures.

Applicability: Overarching across the ProgramCore Principle 1 is considered in terms of environmental and social management (ESM) for the education sector, as a key component of good service delivery (i.e. measures included under the Program’s system-strengthening measures for enhanced accountability and oversight mechanisms).Summary findings – There is an adequate national regulatory framework in Tanzania and technical guidelines exist for environmental and social due diligence with respect to the potential impacts of the BRNed program. There are also existing Environmental and Social Management Frameworks under complementary World Bank funded education programs, which have been deemed satisfactory in their implementation. The assessed weaknesses are systemic related to insufficient staffing for overseeing and monitoring of implementation of environmental and social measures, weak coordination and inadequate attention to environmental concerns. System StrengthsIn the MoEVT and PMO-RALG there is recognition of environmental sustainability and the desire for Program interventions to contribute to improved sanitation, reduced pollution and a better

GapsWeak implementation: ESSA field interviews and program supervision reports indicate that although the direct impacts and risks are generally modest, environmental management activities are weak in some areas, such as systematic inspection,

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quality of life, as well as strengthened institutions. Field studies and consultations carried out as part of this analysis show that there is a willingness to address issues that are compromising efficient and effective application of Environment and Social Management processes. The analysis noted that direct larger environmental (related to construction) and social impacts in the education sector can, and have been, adequately managed. The ongoing Education programs in Tanzania have detailed Environmental and Social Management Frameworks which have been well accepted and are being implemented reasonably satisfactorily. Supervision reports and field visits confirmed impacts have been modest and measures to mitigate potential impacts have been done through the ESMFs. The process is designed to ensure that the environmental and social assessment process is part of and conducted during the planning stages with full participation of the local community, thereby ensuring that program activities are environmentally and socially sustainable.

The MoEVT, PMO-RALG and other agencies have expressed support for measures to strengthen the system, and are familiar with issues and mitigatory measures required for Education programs. These initiatives are still being mainstreamed in a systematic manner in the education sector and can be strengthened under the current Program.

There are technical guidelines and standard designs for schools that are presently being used/or newly prepared by the MoEVT. These include guidelines for siting and locations of schools, including land use zoning conditions; designs for school buildings, ventilation, water supply

monitoring and enforcement. This is primarily due to (i) weak and insufficient institutional and technical capacity; and (ii) poor coordination and weak inter-institutional coordination between the various related agencies. Larger involvement of beneficiary communities for supervising works, payment to contractors, contribution to school facilities improvement, maintenance of facilities would be useful.

There also could be limited awareness of environmental health risks associated with poor quality of water, inadequate sanitation and hygiene, which prevents adequate attention be paid to these issues.

While clearances for construction are clearly defined, a gap could be the lack of clearly defined roles and responsibilities for ongoing and continued supervision and monitoring of quality and quantity of drinking water and sanitation facilities at the school level.

Technical guidelines need updating to include emerging issues such as (i) greener solutions in new buildings, (ii) ways of retrofitting old buildings with recycling and energy efficient measures (iii) climate adaptation and resilience measures

The Environmental and Social Impact Assessment requirements (ESIA) under EMA are comprehensive although there are gaps related to categorization of risks, screening, impact analysis and auditing as compared to Core Principles of OP/BP 9.00. However, the risk is low since the BRNEd program supported by the World Bank does not involve constructions.

Public disclosure of documents for those programs requiring a full ESIA is a requirement. But the actual process of public review and comments can be onerous and public hearings are at NEMC’s discretion during the ESIA review and approval process.

Under EMA, there is a procedure related to 29

and sanitation, waste management for laboratories, kitchen designs, numbers of toilets per student (male and female), use of safe local materials and worker safety and rubble management requirements during construction works

The system for clearances and approvals is well established; There are also Technical Construction Guidelines under complementary programs. After clearance of designs, construction is required to be done by only certified contractors and all civil works, laboratory and fire equipment need to conform to the standard guidelines. The Regional Engineers and School Boards certify satisfactory completion of civil works and random visits to schools are done to verify compliance of quality, in accordance with instructions for quality provided in the technical handbook. The Inspectorate unit at MoEVT approves quality of construction and operations capacity of the schools.

grievances with respect to decisions about granting the EIA certificate. There is no requirement that ESMPs include a mechanism for handling grievances, though ESMPs in Development Partner-funded programs do tend to include them. There are processes at the local level for handling general grievances and disputes, although it has been difficult to assess if this functions well in practice to resolve grievances tied to environmental and social impacts.

Actions and Opportunities Technical Guidance and Implementation Capacity: There is opportunity to strengthen implementation capacity for monitoring, evaluation and reporting, along with public participation and disclosure. Additionally systemic changes to promote sustainable and “greener” building designs will allow better resource management

Strengthening cooperation and inter-sectoral coordination around the environmental issues and use of Environmental and Social Management Frameworks/Plans would improve their implementation.

RisksPoor quality and unavailability of water supply and inadequate sanitation are known to have adverse impacts on health and also on school attendance and thereby educational performance. Poor maintenance of water and sanitation systems and insufficient awareness of hygiene can also have health impacts.

Core Principle 2: Natural Habitats and Physical Cultural Resources

OP 9.00: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program.

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BP 9.00: As relevant, the program to be supported: Includes appropriate measures for early identification and screening of potentially

important biodiversity and cultural resource areas. Supports and promotes the conservation, maintenance, and rehabilitation of natural

habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities.

Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects.

ApplicabilityThe provisions in Core Principle 2 are considered as part of the ESIA process analyzed under Core Principle 1. The analysis confirmed that Program investments would neither impact nor convert critical natural habitats. This Core Principle will not be applicable to the BRNEd and the PforR as long as no new schools are constructed in hitherto unidentified sites. System StrengthsThe Tanzanian ESIA process considers physical cultural resources, including screening for archaeological, historical and cultural sites. The assessment shows that impacts on cultural sites are taken into account in program design and implementation and appropriate mitigation measures adopted.

GapsThere are no significant inconsistencies between OP/BP 9.00 and Tanzania’s policies, laws, and regulations related to natural habitats.

Actions and Opportunities The opportunities and actions identified for strengthening the system for Core Principle 1 are applicable to Core Principle 2.

RisksThe risks identified for strengthening the system for Core Principle 1 are applicable to Core Principle 2.

Core Principle 3: Public and Worker Safety

OP 9.00: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards.BP 9.00:

Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed.

Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in

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accordance with international guidelines and conventions. Includes measures to avoid, minimize, or mitigate community, individual, and worker

risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events.

ApplicabilityThe provisions in Core Principle 3 are considered as part of the ESIA process analysed under Core Principle 1. Complementing that analysis the review found that Core Principle 3 is not applicable to the BRNed Program, as there is no physical infrastructure being financed and no procurement of hazardous or dangerous materials or pesticides. StrengthsBy law in Tanzania it is the duty of urban local governments to provide for the health and safety of the public.8 The EMA and regulations contain several provisions for public and worker safety, which are consistent with OP/BP 9.00. The ESIA process contains robust procedures for worker safety, requiring plans for accident prevention as well for health and safety of workers and communities, which are also part of contracts for civil works.

Tanzania has a Contractor Registration Board (CRB) that monitors and enforces occupational health and safety regulations. The Rules of Conduct requires that contractors must maintain accident registers, provide workers with protective gear, and standards for construction sites.

Gaps Public and worker safety are adequately covered in the EMA regulations and the CRB, and no major inconsistencies between the system and Core Principle 3. However, the worker safety provisions are not always included in civil works contracts.

Other gaps identified in Core Principle 1 are also applicable to Core Principle 3.

Actions and Opportunities The opportunities and actions identified for strengthening the system for Core Principle 1 are applicable to Core Principle 3.

RisksThe risks identified for strengthening the system for Core Principle 1 are applicable to Core Principle 3.

Core Principle 4: Land AcquisitionOP 9.00: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards.

8 See The Local Government (Urban Authorities) Act, 1982.32

BP 9.00: As relevant, the program to be supported: Avoids or minimizes land acquisition and related adverse impacts; Identifies and addresses economic and social impacts caused by land acquisition or loss

of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy;

Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access;

Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and

Restores or replaces public infrastructure and community services that may be adversely affected.

Applicability: Overarching across the Program and Summary FindingsIn the absence of any land acquisition for construction, the risk of impacts on loss of land/asset/ formal and informal livelihood etc. from civil works are not likely. Based on experience in similar education projects there has been no relocation or other related impacts. Loss of access to natural resources is also a low risk, nor are there any risk of impacts on crops where involuntary land acquisition is not eligible for financing under this program. Hence presently, this principle does not apply to the BRNed program. However, should there be any land acquisition/land take for civil works, for any land related losses the ESMF guidelines of the education project (SEDP II) with revisions ( where required), to mitigate for unanticipated emerging risks, will be used to prepare mitigation plans and implement them.Additionally, the experience with other programs/projects suggests that where PAPs have participated in consultations with the government starting at an early stage of program/project preparation, resettlement and compensation has had a more positive track record.System StrengthsClear staff roles and responsibilities: While the Land Act does not yet have regulations that outline a process for land acquisition, but for this program, land is contributed by the community and is usually communal land. Grievance procedures and dispute resolution There is a system where complaints are channeled upward, starting with the Mtaa9, Ward Executive Officer, District Commissioner, then to the Region, and up to MLHHSD. If still unsatisfied PAPs can seek recourse for grievances in the courts (specifically the Court of Land Arbitration).

Consultations: For community land consultations is an internal process and

Gaps: While the content of the screening and analysis for Environmental and Social Impact Assessment (ESIA) under EMA are comprehensive with respect to the principles of OP/BP 9.00, there are gaps in the content of ESIA requirements, including: (i) The screening process does not explicitly take into account: Land acquisition and resettlement (although this is not an issue in this program), restricted access to resources, and Indigenous Peoples; If land acquisition be invoked the following gaps would need to be filled. However the risk related to land acquisition is low, given that the program is not expected to acquire land for construction purposes and the focus of the program is on quality, capacity and performance of the sector.

While there are policy gaps between OP/BP 9 a small urban area or geographical division of a ward

followed at the community level to ensure there is consensus on the donated land and if there are impacts on any group community mitigation undertaken. For land acquisition, the valuation process includes a sensitization meeting with PAPs, which must be attended by local leaders as well. The intent is to explain the program, the valuation process, valuation rates, and arrangements for physical inspection of properties.

Analysis and Guidance There is good guidance on resettlement and compensation in Tanzania that goes beyond the Land Act and Regulations – there has been a comprehensive gap analysis between World Bank OP 4.12 and the Tanzanian system, and all of the elements of Core Principle 4 are visible in the SEDP II RPF. Furthermore for any unanticipated emerging risk the SEDP RPF will be revised to provide guidelines for mitigating the risks.

9.00 and the Tanzanian system for land acquisition and resettlement, there are no direct conflicts between the Tanzanian land laws and OP/BP 9.00, which indicates that gap-filling measures in the Program ( if required) will not be contrary to the law should it be required.

Tenure: Tanzanian law has clear procedures for landholders and generally extends eligibility for compensation to recognized or customary land users or occupiers lacking full title, but does not recognize tenants, squatters or encroachers as being entitled to assistance or any allowances for transportation, disturbances, etc.

The GoT officials have informed that they do provide compensation to squatters, including land. To be double-checked

Market value: Tanzania law provides for the calculation of compensation on the basis of the market value of the lost land and unexhausted improvements, plus a disturbance, movement, and accommodation allowance, and loss of profits where applicable. However, the depreciated replacement cost approach is used, that does not result in full replacement cost of the lost assets which is inconsistent with OP/BP 9.00. Additionally, market values and valuation procedures tend to be outdated and there is little baseline data for land values, which risks the valuation being at the discretion of the Land Valuation Officer.

Lost Assets and Livelihood Restoration: “Replacement assets” under the Land Act in Tanzania are restricted to land and developments on land, and where relevant, loss of profits. OP/BP 9.00 goes beyond physical assets and includes livelihoods and standard of living, seeking to improve them or at least to restore them to pre-displacement levels. While profit losses are included in Tanzanian law, this is more narrowly defined as formal business profits and compensation for crops. While the Land Act does entitle compensation for business losses, there are no legal provisions requiring the 34

government to restore livelihoods or to provide assistance towards the restoration of such livelihoods. Land users such as tenant farmers are only entitled to compensation for crops (the valuation method is outlined in the 2001 Regulations).

Payment of Compensation: Legally, compensation for the acquired land is to be paid “promptly,” but does not have to be paid before possession of land is taken.

Community Infrastructure: It does not appear that public infrastructure is specifically addressed in the Land Act and Regulations. For projects/programs prioritized and implemented by the community, risks that community infrastructure will be impacted is low where most of the work will be on existing land and if required, the communities decide what land to offer to the program as donation.

Consultation and Disclosure: As resettlement in practice is done as part of the ESIA, consultation and disclosure generally follow this process with the addition of a sensitization meeting with PAPs as part of the valuation process. PAPs are also publicly informed toward the end of the process when they can collect their compensation payments. Community Development Officers have a role during this process as well, as do Ward Officers. However, this process is geared only toward the land valuation process, and may not include tenants, informal land users, and other types of resettlement and compensation that are not covered by Tanzanian law. For this program consultation and disclosure will happen but compensation is not expected to be required in the absence of land acquisition by this Program.

Actions and Opportunities Technical Guidance and Implementation Capacity: Because there are no earmarked funds under the Program for resettlement and compensation, it will be particularly important that there is awareness in the

RisksThe risk of not addressing the gaps identified described above, could result in inconsistency with the Core Principles of OP/BP 9.00, if there is large scale land acquisition that is unmitigated.

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education sector for the need for an ESIA and/or ESMP and/or RAP, should land acquisition be required by a sub program. In such a scenario training in the preparation /implementation of the ESMF would also need to be included in training for education sector implementers. In the present program focus of the training will be on consultations, grievance redressal/conflict management etc.

Presently, the risk is low in the absence of land acquisition and related impacts.

Core Principle 5: Indigenous Peoples and Vulnerable GroupsOP 9.00: Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups.BP 9.00:

Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program.

Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples.

Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits.

Applicability: Overarching across the Program and Summary Findings:

Resettlement and environmental degradation tend to disproportionately impact the poor and vulnerable groups, documented in both academic studies on environmental justice in Tanzania as well as operational documents for other Bank projects/programs. While the Program seeks to improve the conditions of the poor and vulnerable groups, if impacts are not well-managed it is possible that assets and livelihoods of vulnerable groups could be negatively impacted.The analysis confirmed that, at present, there is currently no specific legislation or policy in place in Tanzania on or for Indigenous Peoples. It is important to note that one of the Bank’s projects included an Indigenous Peoples Policy Framework. But, to date, the Framework has not been implemented and there is no precedent or track record to assess the institutional capacity to undertake free, prior, informed consultations with Indigenous Peoples in Tanzania.

With respect to other marginalized and vulnerable groups, the investments under this program targets all students as direct beneficiaries. Thus while considering the applicability of this Core Principle, the analysis found that it was relevant in terms of ensuring that vulnerable groups are included in the planning process and program prioritization; that vulnerable groups have access to program benefits; and that the needs of vulnerable groups are considered with respect to the Programs impacts. For the ESSA analysis of vulnerable groups focused on those defined in the

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Tanzania Participatory Poverty Assessment: children, persons with disabilities, youths (unemployed, females, youths with unreliable incomes), people living with long illnesses (e.g. HIV/AIDS), women (widows and those not able to support themselves), drug addicts and alcoholics. The approach of the Government is to ensure that all vulnerable groups are consulted and benefit from Government programs.System StrengthsThe ESIA process in Tanzania does take into account social issues in screening, impact assessment, and mitigation measures. Part of NEMC’s screening criteria for ESIAs is to assess if impacts vary by social group or gender, and if resources are impacted that vulnerable groups depend upon. Additionally, there is currently an initiative within NEMC and supported by donors to better mainstream social issues such as gender and HIV/AIDS in the ESIA process.

Tanzania also has policies specific to vulnerable groups such the National Gender Policy and National Policy on HIV/AIDs, in order to prevent discrimination and promote equity. There is also strong guidance for community participatory planning by PMO-RALG through the “Opportunities and Obstacles to Development Handbook”, which promotes inclusion of vulnerable groups throughout the planning process.

GapsThe analysis identified a number of critical gaps in the system as written, including:

Identification of Vulnerable Groups: Vulnerable and marginalized groups are not explicitly included in the screening process for ESIA through EMA nor in the Tanzanian system for land acquisition and resettlement.

Indigenous Peoples: As mentioned above, there is no system in place that defines Indigenous Peoples in Tanzania. There is also no track record of any program for the capacity to undertake free, prior, informed consultations with Indigenous Peoples in Tanzania.

Resettlement: This requires further examination, but there are particular issues with respect to gender and vulnerability in the practice of resettlement and compensation. As mentioned above, there are no specific requirements for considering gender and vulnerability in resettlement and compensation processes. But for this program this is not an issue since the focus is on education and all students will be targeted particularly the poor performers (who generally belong to less advantaged groups).

The experience with follow-up with vulnerable groups and vulnerable PAPs requires further information – it is clear that at least in donor-funded programs with Resettlement Action Plans, vulnerability is screened for and taken into consideration; however, there is little information on how vulnerability is considered in the actual practice of compensation and/or relocation where necessary.

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Monitoring: Monitoring of gender, poverty, and HIV/AIDS in the development planning process is in need of strengthening. In the education sector there is no common method of analysis and collection of baseline to aid development planning on these issues in the sector.

Actions and Opportunities Technical Guidance and Implementation Capacity: While there are some criteria for vulnerable groups in the ESIA process, these need to be strengthened. If requested by the GOT the project can support the current undertaking by NEMC to better mainstream gender and HIV/AIDS in the ESIA process.

Addressing Resource Constraints: It is unclear if any staff in the education sector is trained to provide inputs on identifying, consulting with, and assisting vulnerable groups that may be impacted by the types of activities that will be financed with the Unreached People Group (UPG )and/or promoting social inclusion in the development planning process. The Program capacity building plan can include measures for good practices on inclusion of vulnerable groups

Higher Order Opportunities: The Bank is currently discussing its policy regarding Indigenous People with the Government. As the ESSA is intended to be living document, the results of these discussions will be incorporated once completed.

RisksIt is clear from the analysis that if the gaps identified and opportunities presented in this core principle (where applicable) are not addressed, the Program would be at risk of not generating the desired environmental and social effects and would remain inconsistent with the guiding principles of OP/BP 9.00.

Core Principle 6: Social ConflictOP 9.00: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

BP 9.00: Considers conflict risks, including distributional equity and cultural sensitivities. The BRNEd will not entail social conflict in fragile states, post-conflict areas or areas subject to territorial disputes, nor will the Program cause social conflict or impact distributional equity or associated cultural sensitivities. As such, the ESSA did not consider the Program with regards to Core Principle 6 as this Core principle and key element are not applicable to the BRNEd operation. It is important to note that distributional equity and cultural sensitivities are covered under the analysis of system with respect to the main considerations of Core Principle 5.

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77 Based on the findings of the ESSA Analysis, the following table aggregates the risks discussed above, and proposed measures to mitigate those risks. These are included in the Program’s integrated risk assessment.

Risk Description Risk Management

Potential environmental and social impacts of BRNed Program are not identified, mitigated, and monitored, or program scope is changed to include construction or large-scale civil works.

The potential environment and social risks of the BRNEd program are low, straight-forward and manageable, given the fact that the program does not finance physical infrastructure, construction of new schools, upgradations and does not entail any land acquisition. The Environmental and Social Management Framework prepared under the complementary World Bank funded project – Secondary Education Development Project (SEDP II) defines measures for strengthening institutional systems and capacity building measures to monitor environment and social impacts. The processes and measures laid out in the ESMF are fully applied to BRNEd. Adoption of the SEDP-II ESMF in its totality and with revisions (where required) to mitigate unanticipated emerging risks is a requirement for BRNEd. Measures for addressing environmental health concerns, improved implementation of ESMFs and updating technical guidelines are detailed in Section VIII of the ESSA.

Monitoring and supervision of due diligence measures related to environmental and social issues will be a part of World Bank supervision. The program will include a process of ongoing consultations to ensure implementation of measures meet the needs of the program beneficiaries. The details of implementation will be included in the Program Operations Manual

Grievance Redressal Mechanisms: There is no formalized and effective complaint mechanism to address social and environmental issues

BRNEd program will develop a complaint receiving and feedback mechanism and will train program staff to implement and monitor itTO BE DONE DURING APPRAISAL AFTER CONSULTATIONS

Staffing and skills mix in BRNEd is insufficient to handle environmental and social management issues

BRNEd program will assess capacity needs of staff for environmental and social management and ensure that all necessary staffing is available with adequate skills. BRNEd will appoint focal points for Environmental and Social for monitoring and implementation of the ESSA. BRNEd will be

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incentivized to provide adequate resources to environmental and social management as performance is a minimum condition to access the Unreached Peoples Groups. Training on costing, implementation and monitoring of Environmental and Social actions and Grievance Redressal mechanisms will be included in capacity building program.

Annual Performance Audit does not include the requirement or the technical expertise to assess performance of the ESSA

Terms of Reference for consultants will ensure that adequate skills are present to assess environmental and social management systems along with social audits/social accountability and implementation of ESSA

Community involvement with participatory decision making needs to be undertaken in spirit and not led by a single individual

BRNed Program will ensure that all heads of schools are trained in community involvement and participatory decision making as part of their training plans. Dissemination and awareness raising activities for environmental and social due diligence measures will be built into BRNEd program.

Consultations are held for specific purposes such as thematic areas; on land related issues etc. It is not an on-going activity.

The program will undertake inclusive on-going consultations with stakeholders and a training program will be developed for implementers.

SECTION VIII: RECOMMENDED REMEDIAL MEASURES TO STRENGTHEN SYSTEMS PERFORMANCE

78 The BRNed ESSA Analysis presented above identifies strengths, gaps and opportunities in Tanzania’s environmental and social management system with respect to effectively addressing the environmental and social risks associated with the Program. This section translates these gaps and opportunities into a viable strategy to strengthen environmental and social management capacity and performance at the national and local level. The analysis identified the following main areas for action in order to ensure that the Program interventions are aligned with the Core Principles 1, 2 3, 4 and 5 of OP/BP 9.00. These could be further defined during the consultation process and during implementation, as required. The ESSA therefore identifies the following key measures to be taken for improved environmental and social due diligence in the BRNed:

Measures to Strengthen System Performance for Environmental and Social Management

Objective MeasuresDefining the System for While the BRNEd does not have direct or significant environmental

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Environmental and Social Management

footprint, its programmatic approach to Education provides significant opportunity to improve systemic implementation of environmental and social practices related to school functioning and operations. These can be instituted through (i) improved designs of buildings, kitchens and toilets, (ii) better management of sanitation and water supply systems, (iii) sound practices for waste management (iv) greening schools through energy efficiency and better water harvesting measures.

The BRNEd provides an opportunity to improve implementation and continued monitoring through systems improvement. The program also offers the possibility of improved skills and capacity along with increased coordination among various ministries, agencies and donor partners on environmental and social aspects. The existing grievance redressal and dispute mechanisms and consultation mechanisms will also be enhanced along with more targeted awareness programs about environmental health issues related to water, sanitation and hygiene.

The ESSA will follow the existing measures as defined in the Environmental and Social Management Framework prepared under the complementary World Bank funded project – Secondary Education Development Project (SEDP II) - to seek agreements with PMO-RALG, MoEVT and other Government agencies for instituting systems related to water supply and sanitation facilities to all schools, waste management and recycling, worker safety practices, gender and vulnerable groups, inclusive consultations, complaint handling mechanisms and community participation. Roles and responsibilities for environmental and social management, coordination and staffing for implementation and monitoring will be clearly defined at all levels. The process and criteria for reporting on environmental/social measures is part of overall Program reporting and record-keeping.

The above systems will be included in the BRNed Program Operations Manual. Monitoring and supervision of due diligence measures related to environmental and social issues will be a part of World Bank supervision and the Performance Indicators will be used to monitor implementation under BRNEd, along with the Annual Performance Assessment

The ESMF is consistent with Tanzanian systems and has been assessed and found compliant with OP/BP 9.00 principles, along with addressing identified gaps. Adoption of the SEDP-II ESMF in its totality is a requirement for BRNEd Program in its present

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scope. Although the SEDP-II closes in December 2015, the requirements detailed in its ESMF will continue to be applicable for this ESSA during the entire BRNEd lifetime.

However, if there are any changes to the current scope or if the BRNEd program is enlarged to include constructions and/or upgradations and physical/civil works and/or usage or acquisition of new land, then the ESSA will need to be reviewed and revised to ensure that all impacts are well assessed and appropriate mitigatory measures are incorporated to mitigate the higher risks involved

Technical Guidance and Implementation Capacity:

Technical guidance tools with regard to sound design of schools to ensure safe and healthy environments; improved water and sanitation systems for schools already exist in the GOT system. Additional guidelines for improved implementation, promotion of greener solutions in schools, retrofitting existing schools with greener measures and on inclusive consultation will be developed and detailed in the Operations Manual. Updating school designs for climate adaptation and resilience will be done. Inclusion of all groups, including the vulnerable and boys and girls to benefit from the program is already a part of the BRNEd program which will be implemented and monitored as a part of the overall program activity.

Addressing Capacity Constraints:

A capacity building and training program will be key to ensure that staff understand their roles, have the capacity to fulfill them, and clearly understand how environmental and social aspects will be evaluated through the Annual Performance Assessment. Training and awareness of importance of water supply, sanitation and hygiene and how to address grievances must be provided to all levels of officials including LGAs, School Boards and communities. The range and plans for capacity building will be developed and included in the Operations Manual

Improved systems for Information Disclosure and Stakeholder Consultation.

Accountability and transparency of institutions would be essential to ensure that the program support is (including the incentive program) used in a productive manner to reach all the groups (both teachers and students) who are targeted by the program. This will include a strengthened/newly developed Grievance redress mechanism which will be integrated into Program design. The Training and capacity building in community involvement and participatory decision making will be undertaken and dissemination and awareness raising activities for environmental and social due diligence measures will be built into BRNEd program.

Grievance redressal mechanism will be improved during Appraisal after consultations

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SECTION IX: STAKEHOLDER CONSULTATIONS This section will be completed at appraisal

79 The ESSA process includes extensive stakeholder consultations and disclosure of the ESSA Report following the guidelines of the World Bank’s Access to Information Policy. At present, the ESSA consultation process is embedded in the Program consultation process. Feedback from stakeholders has been instrumental in designing and revising the program Action Plan, indicators, and technical manual.

Initial consultations held by the government with a large group of stakeholders over a period of time led to the formulation of BRNEd Program as a part of the overall BRN. The outcomes of those consultations are embedded in this program and influenced its design. For the preparation of this ESSA, Bank Specialists undertook a series of meetings, consultations with different stakeholders including government agencies, development/funding partners and followed up with some limited field work including visit to a school. Supervision Aide-memoires were reviewed for understanding the implementation record of complementary Bank funded projects. Further consultations will be undertaken during Appraisal.. ( see annex iii for details)

80 Document Dissemination and Public Comment Period: draft ESSA publicly disclosed and distributed to a range of stakeholders involved with environmental and social management issues in Tanzania. ….

81 Consultation Event: A one-day public consultation event will be held where the ESSA will be presented and stakeholders will be invited to offer inputs on the findings and recommended actions in an interactive format.

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ANNEX I: ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS

IN TANZANIA

Given below are key steps of EIA process according to the Law:

1. Registration

The proponent is required to register a project with NEMC by submitting duly filled EIA application form. The forms are available at NEMC.

2. Screening

Screening is an initial review step in the EIA process. Thus, the EIA application forms and Project Brief are screened in order to assess and establish the category of project and determine the level of EIA required. This is done by NEMC within 5 working days after submission of EIA application forms.

3. Scoping

If the screening indicates that a full EIA is required, identification of main issues of concern through scoping will be conducted by the developer through his Consultant. This is done by consulting all the relevant concerned parties. Draft terms of references (ToR) will then be prepared to guide the impact assessment study. A Scoping Report and draft Terms of Reference (ToR ) are submitted to NEMC for review and approval. This is done within 10 days after submission of the Scoping Report.

4. Impact Assessment

Conducting EIA study is done after approval of ToR by NEMC. The Consultant uses the ToR to conduct the actual EIA study. The crucial task is to identify likely impacts, assess and evaluate their severity and magnitude and propose mitigation measures to minimise potential negative impacts and enhance positive benefits.

The output of this stage is an EIA report , also known as Environmental Impact Statement (EIS). This includes an Environmental Management plan (EMP) as well as a Monitoring Plan (MP) that outline management and monitoring of anticipated impacts, including those, which affect local communities in the project area.

Public consultation is mandatory when conducting an EIA and the proponent (through his consultant) must meet key stakeholders to get their views.

5. Review

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Once the proponent has submitted an EIA report (EIS), NEMC conducts site verification visit . The site visit is conducted to verify information provided in the EIS report. 6

NEMC then coordinates a cross-sectoral Technical Advisory Committee (TAC) to review the EIS. The TAC is composed of members from sectors responsible for environment and resource management . Review of EIS is completed by NEMC within 60 days from the date it was received by NEMC, and this is as required by EMA 2004. The Minister may within 30 days, upon receipt of recommendations of the Council approve or disapprove the EIS.

6. Public hearing

As part of the review process a public hearing may be necessary to address public concerns over a proposed activity or project. Normally this takes place when major concerns have been raised by the public and potential negative impacts of the proposed project are perceived to be far reaching. Other critical factors that may necessitate public hearing are sensitivity of the site location, type and scale of project, technology used, multiple land use considerations, presence of relocation and resettlement issues, cumulative impacts and any other factor related to a particular project that might cause public concern.

7. Environmental decision-making

After submission of the final version of the EIS, NEMC assesses it in order to ascertain whether all the TAC comments and recommendations have been adequately addressed by the consultant. Thereafter terms and conditions for issuance of the EIA Certificate are prepared by NEMC. Approval/disapproval of the EIS is done by the Minister responsible for Environment as stipulated in EMA 2004 section 92 (1).

8. Appeals

Both the proponent and the affected or interested parties have the right to appeal. If there is dissatisfaction on the decision reached, provision for appeal to the Environmental Tribunal or Court of law is provided by law.

9. Project implementation

This is conducted according to the terms and conditions of approval and is guided by the Environmental Management and Monitoring Plans.

10. Monitoring

It is the collection of data through a series of repetitive measurements of environmental parameters (or more generally, a process of systematic observation) over a long period to provide information on characteristics and functioning of environmental and social variables in space and time.

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Day to day internal monitoring (also known as routine monitoring) is done by the developer (project management team), but compliance monitoring is done by NEMC in collaboration with key stakeholders and regulatory bodies.

11. Environmental Audit

Environmental audit is an independent and objective oriented examination of whether the practice complies with expected standards. Broadly, environmental audit means a check on some aspects of environmental management, and implies some kind of testing and verification. There are two levels of Environmental Audits, i.e. Environmental Impact Audit and Environmental Management Audit.

Environmental Impact Audit involves comparing the impacts predicted in an EIS with those that actually occur after implementation of the project while Environmental Management Audit involves checks against adherence to plans, mitigation measures and general compliance of terms and conditions.

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ANNEX II:ESSA Core Principles

Paragraph 8 of OP 9.00 outlines what the ESSA should consider in terms of environmental and social management principles in its analysis. Those core principles are:

1. Promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts

2. Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program

3. Protect public and worker safety against the potential risks associated with: (i) construction and/or operations of facilities or other operational practices under the Program; (ii) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (iii) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards

4. Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards

5. Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups

6. Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

The ESSA considers the consistency of the Program systems with these principles on two levels: (1) as systems are defined in laws, regulation, procedures, etc, and (2) the capacity of Program institutions to effectively implement the Program environmental and social management systems. ESSA Vol. 1 (Analysis) considers the baseline information presented in this volume and compares this to how the system performs in practice vis-à-vis the core principles in the PforR policy outlined below.

Core Principle 1: General Principle of Environmental and Social Impact Assessment and Management

OP 9.00: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in Program design; (b) avoid, minimize or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects.

BP 9.00: Program procedures will: Operate within an adequate legal and regulatory framework to guide environmental and

social impact assessments at the program level. Incorporate recognized elements of environmental and social assessment good practice,

including (a) early screening of potential effects; (b) consideration of strategic, technical, and site alternatives (including the “no action” alternative); (c) explicit assessment of

potential induced, cumulative, and trans-boundary impacts; (d) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; (e) clear articulation of institutional responsibilities and resources to support implementation of plans; and (f) responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures.

Core Principle 2: Environmental Considerations – Natural Habitats and Physical Cultural Resources

OP 9.00: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program.

BP 9.00: As relevant, the program to be supported: Includes appropriate measures for early identification and screening of potentially

important biodiversity and cultural resource areas. Supports and promotes the conservation, maintenance, and rehabilitation of natural

habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities.

Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects.

Core Principle 3: Environmental Considerations – Public and Worker Safety

OP 9.00: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards.

BP 9.00:Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed.

Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions.

Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events.

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Core Principle 4: Social Considerations – Land Acquisition

OP 9.00: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards.

BP 9.00: As relevant, the program to be supported: Avoids or minimizes land acquisition and related adverse impacts; Identifies and addresses economic and social impacts caused by land acquisition or loss

of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy;

Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access;

Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and

Restores or replaces public infrastructure and community services that may be adversely affected

Core Principle 5: Social Considerations – Indigenous Peoples and Vulnerable Groups

OP 9.00: Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups.

BP 9.00: Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially

affected (positively or negatively) to determine whether there is broad community support for the program.

Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples.

Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits.

Core Principle 6: Social Considerations – Social Conflict

OP 9.00: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

BP 9.00:Considers conflict risks, including distributional equity and cultural sensitivities.

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Annex IV: Technical reports and Government sources

In addition to the laws, policies, and regulations cited in this report, the ESSA has drawn from a range of sources including academic journals, GoT documents, technical reports, and project documents. This annex lists sources that were consulted in the preparation of the ESSA.

PMO-RALG. National Framework for Urban Development and Environmental Management (UDEM) in Tanzania: Draft Framework Design. June 2006.

Sosovele, Hussein. “Governance Challenges in Tanzania’s Environmental Impact Assessment Practice.” African Journal of Environmental Science and Technology, Vol. 5(2), pp. 126-130. February 2011.

Universalia. Institutional Assessment of the Division of Environment, April 2009.

Universalia. Institutional Assessment of the National Environmental Management Council. April 2009. Secondary Education Development program II (SEDP II) 2010 - 2014 . Environmental and Social Management Framework. March 2010.

URT. MKUKUTA II - Poverty and Human Development Report 2011.

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Annex IV Details of consultations;

Consultation meetings have been held with the following people:

PD of PDBMr. Masatu

MDU: Mr. Pedro Makuru_Ms. Hilda MtandawireMr. Bon Mall MwendaLawrence SangaHadija M. MaggidMr. Hashim Kakwekwe

MOEVT:Mr Bakula

WB StaffHelen ShahriariKaboko Mathus Nkahigi

DFID: Mr. Ian Attfield

School Visit to Mabwepamde High School

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