Zanzibar Judicial Modernization Project (Zi-JUMP)

THE JUDICIAL OF ZANZIBAR

REQUEST FOR EXPRESSIONS OF INTEREST

CONSULTING SERVICES – FIRMS SELECTION

COUNTRY: THE UNITED REPUBLIC OF TANZANIA

NAME OF PROJECT: JUDICIAL MODERNIZATION PROJECT (Zi-JUMP).

Credit No.: 7547

ASSIGNMENT TITLE: CONSULTANCY SERVICES FOR UNDERTAKING OF ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR THE FIVE (5) DISTRICT COURT BUILDINGS (KINDUNI, KIGUNDA CHWAKA, KIJICHI AND MAKUNDUCHI)-UNGUJA, ONE IJC AT TUNGUU AND TWO (2) RENOVATION OF COURT BUILDINGS.

Issue Date:  14th August, 2024         

Reference No. TZ-JOZ-434493-CS-CQS

The Judiciary of Zanzibar has received financing from the World Bank toward the cost of the Judicial Modernization Project (Zi-JUMP) and intends to apply part of the proceeds for Consultancy Services.

The consulting services (“the Services”) include in access to justice services the project focuses on expanding the geographic coverage of District Magistrate Court (DMC) services by constructing Five (5) Smart District courts in selected areas, one (1) Integrated Justice Centre (IJC), and renovating two Court buildings, estimated level of effort 414 days, implementation period is 12.5 weeks, expected start month of assignment is October 2024.

The Judiciary of Zanzibar now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The short-listing criteria are:

a. Core Business of the firm and ten (10) years in business.

b. Relevant similar experience, which should specifically include the following;

i. Experience of at least three (3) similar ESIA assignments in the past seven (7) years cumulative years - Information to be provided should include name of assignments, names and full contact addresses of the Clients, contract value (in equivalent US dollars) and period (dates) of execution of assignments.

ii. Demonstration of experience of work in similar conditions.

c. Technical and Managerial Capability of the firm

d. The Consultant must provide the structure of the organization, general qualifications and number of Key staffs. (Do not provide CV of the Key staff. Key Experts will not be evaluated at the shortlisting stage).

The attention of interested Consultants is drawn to Section III, paragraph, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers “fifth edition September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

Consultants may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected. For firms participating in a JV, each member of the JV should independently meet the requirement of EoI criteria. For firms participating as association of lead and sub consultant, only the experience and qualification of lead firm will be assessed as per EoI criteria

A Consultant will be selected in accordance with the Consultant’s Qualifications Based Selection (CQS) set out in the World Bank Procurement Regulations for IPF Borrowers Fifth Edition, dated September 2023;

Further information and the detailed Terms of Reference (ToR) for the assignment can be obtained electronically at the following email addresses, from Mondays to Fridays, from 07:30 am to 03:30 pm East Africa time: 

Website:  www.judiciaryzanzibar.go.tz

Email: procurement@judiciaryzanzibar.go.tz    

Expression of Interest; clearly marked Consultant Services for Undertaking of Environmental and Social Impact Assessment (ESIA) for the five (5) District Court Buildings (Kinduni, Kigunda, Chwaka, Kijichi and Makunduchi)-Unguja, one Intergrated Justice Court (IJC) at Tunguu and two (2) Renovation of Court Buildings, must be delivered in a written form to the address below (in hard and soft copy through flash disk) on or before 10:00 a.m. Local Time, on 27th August, 2024. Bids will be publicly opened in the presence of the bidder’s designated representatives and any who choose to attend at the address below at 10:30 am of Tuesday, 27th August,2024 at Second Floor Room No. 208.

FOR SUBMITION:

Attn: Secretary of Tender Board

          Judicial of Zanzibar

          P.O.BOX: 160

          TEL: 024-2230182

          FAX: 024-2232720

          214 Tunguu Road

          70491 South Unguja

          First Floor Room No. 109

          Zanzibar, Tanzania 

          Email address: cca@judiciaryzanzibar.go.tz

                                     procurement@judiciaryzanzibar.go.tz

          Website:            www.judiciaryzanzibar.go.tz

 

         

TERMS OF REFERENCE (TOR)

 CONSULTANCY SERVICES FOR CONDUCTING ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR ZANZIBAR JUDICIARY MODERNIZATION PROJECT (Zi-JUMP).

AUGUST, 2024

1.1 INTRODUCTION AND BACKGROUND

The Government of the United Republic of Tanzania has set to receive a credit from the World Bank for The Zanzibar Judicial Modernization Project (Zi Jump) which will be implemented by the Judiciary of Zanzibar for a period of five years from 2024 to 2029.

1.2 PROJECT DESCRIPTION AND JUSTIFICATION

The Zi–JUMP is being developed to enhance the accessibility, efficiency, and transparency of selected citizen-centric judicial services in Zanzibar. The project has three components including access to justice services, court efficiency, and citizen and stakeholder engagement.

In access to justice services the project focuses on expanding the geographic coverage of District Magistrate Court (DMC) services by constructing Five (5) Smart District courts in selected areas, one (1) Integrated Justice Centre (IJC), and renovating two Court buildings.

Currently, The Judiciary of Zanzibar (JoZ) suffers from outdated infrastructure which limits access, efficiency, transparency, and innovation while providing opportunities to exercise undue influence. The JoZ's needs assessment highlighted that court buildings in Zanzibar are few, old, and dilapidated. The situation is particularly dire at first-instance courts. Currently, citizens and businesses struggle to access (DMCs) as key judicial services providers.  A lack of user-friendly features, such as accessible buildings, designated waiting areas for victims, and spaces for breastfeeding women and/or young children, paired with the buildings’ current inability to host any IT, contribute to the challenges.

2. ESIA REQUIREMENTS

The preparation of the ESIA is one of the requirements by the World Bank to be fulfilled by the borrower (the government of Tanzania) before commencement of construction activities. ESIA is also a fundamental requirement at the national level where no construction activity likely to have a significant impact on the environment and society shall be conducted without an environmental impact assessment certificate[1],  the ESIA will provide Judiciary arrangements for addressing anticipated environmental and social impacts and propose remedial measures during the implementation of the intended project.

Therefore the JoZ will carry out an Environmental and Social Impact Assessment (ESIA) of the project to assess its environmental and social risks and impacts of the project throughout the project life cycle.[2] The assessment will be proportionate to the potential risks and impacts of the project and will assess, in an integrated way, all relevant direct,[3] indirect,[4] and cumulative[5] environmental and social risks and impacts throughout the project life cycle, including those specifically identified in the Environmental and Social Standards (ESSs) 2–10 of the World Bank’s Environmental and Social Framework (ESF).

The ESIA will be based on current information, including an accurate description and delineation of the project and any associated aspects, and environmental and social baseline data at an appropriate level of detail sufficient to inform characterization and identification of risks and impacts and mitigation measures. The ESIA will evaluate the project’s potential environmental and social risks and impacts; examine project alternatives; and identify ways of improving project selection, siting, planning, design, and implementation to apply the mitigation hierarchy[6] for adverse environmental and social impacts and seek opportunities to enhance the positive impacts of the project. The ESIA will include stakeholder engagement as an integral part of the assessment, under ESS 10.

The ESIA will be an adequate, accurate, and objective evaluation and presentation of the known risks and impacts, prepared by qualified and experienced persons.

Consultancy should ensure that the ESIA considers appropriately all issues relevant to the project, including:

 

1. The country’s applicable policy framework, national laws and regulations, and institutional capabilities (including implementation) relating to environment and social issues; variations in country conditions and project context; country environmental or social studies; national environmental or social action plans; and obligations of the country directly applicable to the project under relevant international treaties and agreements; applicable requirements under the ESSs;
2. And the Environmental and Health Safety Guidelines (EHSGs), and other relevant Good International Industry Practice (GIIP).[7]

Furthermore, ESIA will set out and apply a mitigation hierarchy, which will

1. Anticipate and avoid risks and impacts;
2. Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels;
3. Once risks and impacts have been minimized or reduced, mitigate;[8] and
4. Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible.[9]

The ESIA, informed by the scoping of the issues, will consider all relevant environmental and social risks and impacts of the project, including:

Environmental risks and impacts, including (i) those defined by the EHSGs; (ii) those related to community safety; (iii) those related to climate change and other transboundary or global risks and impacts; (iv) any material threat to the protection, conservation, maintenance, and restoration of natural habitats and biodiversity; and (v) those related to ecosystem services[10] and the use of living natural resources, such as fisheries and forests

Social risks and impacts, including: (i) threats to human security through the escalation of personal, communal or inter-state conflict, crime or violence[11]; (ii) risks that project impacts fall disproportionately on individuals and groups who, because of their particular circumstances, may be disadvantaged or vulnerable;[12] (iii) any prejudice or discrimination toward individuals or groups in providing access to development resources and project benefits, particularly in the case of those who may be disadvantaged or vulnerable; (iv) negative economic and social impacts relating to the involuntary taking of land or restrictions on land use; (v) risks or impacts associated with land and natural resource tenure and use,[13] including (as relevant) potential project impacts on local land use patterns and tenurial arrangements, land access and availability, food security and land values, and any corresponding risks related to conflict or contestation over land and natural resources; (vi) impacts on the health, safety and well-being of workers and project-affected communities; and (vii) risks to cultural heritage.

Where the ESIA identifies specific individuals or groups as disadvantaged or vulnerable, the consultancy will propose and implement differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, and they are not disadvantaged in sharing any development benefits and opportunities resulting from the project.

The consultancy will also identify and assess, to the extent appropriate, the potential environmental and social risks and impacts of Associated Facilities to the extent that the JoZ cannot control or influence the Associated Activities to meet the requirements of the ESSs, the environmental and social assessment will also identify the risks and impacts the Associated Facilities may present to the project.

The ESIA will also consider risks and impacts associated with the primary suppliers[14] as required by ESS 2 and ESS 6. The Consultant will address such risks and impacts in a manner proportionate to the Client's control or influence over its primary suppliers as set out in ESS2 and ESS6.

The ESIA will consider potentially significant project-related global risks and impacts, such as impacts from effluents and emissions, emissions of short- and long-lived climate pollutants,[15] climate change mitigation, adaptation and resilience issues.

Therefore, in this context, this ToR will be used as a guide to conduct a comprehensive Environmental and Social Impact Assessment (ESIA) and prepare the intended Report.  This ToR has been prepared to fulfill the requirements of Section 8(5) of the Environmental Assessment Regulations of 2019 of Zanzibar.

Stakeholder Engagement and Information Disclosure

• As set out in ESS 10, during the preparation of the ESIA, the consultant will engage with, and provide sufficient information to stakeholders. The ESIA will also provide information on how the government will engage stakeholders throughout the life cycle of the project, in a manner appropriate to the nature of their interests and the potential environmental and social risks and impacts of the project.
• The ESIA must include a description of how the Borrower will propose and implement a grievance redress mechanism to address these concerns and receive complaints and facilitate their resolution. This description would be derived from the Stakeholder Engagement Plan (SEP). The ESIA will clearly define roles, responsibilities and accountabilities and designate the persons who will be responsible for implementing and monitoring stakeholder engagement activities and ensuring compliance with national laws and regulations, as well as the requirements of the World Bank ESF.
• If there are significant changes to the project that result in additional risks and impacts, particularly where these will impact project-affected parties, the Borrower will provide information on such risks and impacts and consult with project-affected parties as to how these risks and impacts will be mitigated. The Borrower will disclose an updated ESCP, setting out the mitigation measures.

 

OBJECTIVES OF THE ASSIGNMENT

The main objective of the consultancy services is to conduct the Environmental and Social Impact Assessment (ESIA) studies for the proposed construction of five (5) District Court Buildings (Kigunda, Kinduni, Kijichi, Chwaka, and Makunduchi), one (1) Integrated Justice Centre (IJC) at Tunguu, and two (2) Court Buildings to be renovated (Mahonda Children’s court and Wete District Court).

The purpose of the ESIA study is to foresee the cumulative environmental and social effects of the proposed project activities before their actual implementation.  The study therefore shall address the social, economic, and environmental issues associated with the project activities. The study will also provide a relevant Environmental, Social, Health, and Safety Management Plan to prevent or minimize adverse impacts, identify the organizational capacity and competence needed, and monitor the plan’s effectiveness.

SPECIFIC OBJECTIVES OF THE ASSIGNMENT

Specific ESIA objectives are:

1. To carry out environmental screening, and scooping study to identify social and environmental issues in the project site and nearby environment;
2. To identify, analyze, and assess the environmental and social impacts of the proposed construction / renovation sites;
3. To describe the relevant regulations and standards governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, and land use control at international, national regional, and local levels;
4. To recommend cost-effective measures for minimizing or eliminating adverse impacts of the proposed construction, operation   and maintenance of the project.
5. To prepare an Environmental and Social Management Plan and Health and Safety Management Plan for the construction, operation, and maintenance phases of the Project; and
6. To specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to projects.

PROJECT COORDINATION AND IMPLEMENTATION ARRANGEMENTS.

The Zanzibar Judiciary Modernization Project (Zi Jump) under World Bank financing will be implemented through some government agencies such as; ZEMA, District, Municipal, Development Control Unit, Occupational Health and Safety (OSH) and private sectors such as; consultant company and contractors in Zanzibar, all coordinated by and accountable to the JOZ as the implementing institutions.

Essentially, the construction of the Integrated Justice Centre and subordinate courts will involve two major stages, namely, (1) Pre-contract stage i.e feasibility studies, detailed engineering designs, bidding documents, detailed drawings and cost estimates, confirmation of user requirements, review of drawings, acquisition of building permit, and (2) Post contract i.e construction works. It will be the responsibility of the Judiciary of Zanzibar to ensure that the requirements of the ESIA are implemented. Where ESIA approvals are required under national legislation, the responsible authority is the Zanzibar Environmental Management Authority (ZEMA).

Key principles of the ESIA

The ESIA will provide more precisely the following:

• explicit methodological procedures and approaches for consideration of environmental and social aspects, standard mitigation measures, and tools needed to identify impacts and mitigation measures.
• The roles and responsibilities of the different structures involved in the implementation and monitoring of the Project.
• The training, capacity building and other technical assistance needs necessary for the implementation of the ESIA.
• An estimate of the budget needed to carry out ESIA activities (which will subsequently be included in the project budget and related investments).
• The Environmental and Social Management Framework (ESMF) of the project will also have to comply with the country's environmental legislation.
• Because of the potential negative impacts of some project developments on the socio-economic and natural resource base of countries, these safeguards, in addition to understanding positive impacts, provide an operational framework for the identification, analysis of negative impacts and appropriate mitigation measures by avoiding or eliminating negative environmental and social impacts or reducing them to an acceptable level.

5.1 SCOPE OF THE ASSIGNMENT  

The Consultant shall carry out the consultancy in accordance with this ToRs including the applicable National Legislations as well as World Bank Environmental and Social Framework requirements. The consultant will undertake the following tasks under the Project;

Task 1: Registration and Preparation of the Project Brief

The Consultant shall register and prepare a Project Brief as required by the Zanzibar Environment Management Agency (ZEMA) on behalf of the Client.

Task 2: Preparation of inception report

The Consultant shall prepare an Inception report providing plans for undertaking the assignment, briefly describe the proposed undertakings to the project proposal and methodologies and approaches of how ESIA study will be undertaken for various subproject activities, and how to complete the overall assignment. The inception report will be submitted to the client (Judiciary of Zanzibar).

Task 3. Screening and Scoping

The Consultant shall carry out environmental screening, and scooping study to identify social and environmental issues in the project site and nearby environment; and determine the content and extent of the matters that should be covered in the environmental and social information to be submitted to Project environment and social experts to ensure they abide by ToR.

Task 4. Environmental and Social Impact Assessment

Task 4.1: Description of the Proposed Project/Project Background

The Consultant shall provide a brief description of the relevant parts of the project using maps of appropriate scale where necessary and include the following information:

1. Project justification;
2. Project Objectives;
3. Description of the Location of the project;
4. General site layout, size, and capacity of buildings to be constructed
5. Area of influence of the infrastructure works;
6. Pre-construction activities;
7. Construction activities;
8. Schedule of project activities;
9. Staffing and support;
10. Facilities and services;
11. Operation and maintenance;
12. Activities to be executed;
13. Building Life span; and
14. Decommissioning.

Task 4.2: Description of the Physical, Biological, Socio-economic, and Cultural Environment of the project area

The Consultant shall gather, evaluate, and present baseline data on the relevant environmental and social characteristics of the proposed study area. These shall include information on any changes anticipated before the project commences, during project implementation, and after ending the construction project. This information shall include:

1. Physical environmental:  This shall cover geology; topography; soils, climate, and meteorology; ambient air quality; surface and groundwater hydrology; noise level; existing sources of air emissions; existing water pollution discharges; and receiving water quality.
2. Biological environment:   flora; fauna; rare or endangered species, ecologically important or sensitive habitats; including parks or reserves; significant natural sites; species or commercial importance; and species with the potential to become nuisances; vectors; or dangerous (of project site and potential area of influence of the project).
3. Socio-economic and cultural environment; this shall include but not be limited to population, land use; planned development activities community structure; employment; distribution   of   income, goods, and   services; recreation; public health, gender gaps, the prevalence of HIV/AIDS, and cultural/historic properties;
4. Gender-based violence, including sexual exploitation and abuse and workplace sexual harassment environment. The consultant shall assess the GBV risks at the country, district, and project level with the proposed construction work;
5. Consultations regarding GBV shall be conducted only with key stakeholders (NGOs, CBOs, governmental authorities).   Stakeholder consultations should never directly ask about individual experiences of GBV. Rather, they should focus on gaining an understanding of the experiences of women and girls in the project location/area, including well-being, health and safety concerns;
6. The consultant shall propose GBV mitigation measures with the labor influx and construction-related issues;
7. The Consultant shall also assess the project-related risks and include in ESIA information on poverty levels in the intervened area, potential risks of labor influx (in terms of absorption capacity of external workers to the in the project area and ratio of influx of workers visa-visa community members/resident of the project area, amount of works and difficulties to supervise.

Task 4.3: Legislative, Policies, Administration Framework

Describe the pertinent regulations and standards governing environmental quality, health and safety, and land use control at international, national regional, and local levels. The Consultant shall undertake a review of policies, legislation, and administrative framework within which the environmental and social management of the proposed project construction will be carried out. Furthermore, the Consultant shall clearly describe the linkage between the functions of the relevant institutional or administrative frameworks in Zanzibar and the proposed project undertakings. The Consultant shall assess the capacity of the project implementing entities on the management of environmental and social issues under the project.  On the social side, the Consultant shall assess among others the institutional arrangements for dealing with child abuse protection and gender-based violence, the different stakeholders involved, and their roles and responsibilities.

World Bank Environmental and Social Standards (ESSs)

The consultant should also refer to the Environmental and Social Standards (ESSs) applicable to this project. The Consultant should elaborate as part of the ESIA the applicability of the ESSs to the project.

Task 4.4: Conduct stakeholders’ consultation

Conduct stakeholder consultation exercise to collect opinions, views and concerns of the stakeholders about the proposed project interventions and their impacts on the society that will be incorporated in the ESIA report. All stakeholders interested and/or affected parties shall have the opportunity to present their concerns regarding the proposed construction(s), and renovation, and the views of the public shall be solicited and incorporated in the main ESIA report. Potential stakeholders include but are not limited to Local government authorities; district councils, Municipal Councils, Ward, Streets, NGOs, local communities, vulnerable groups, people with disabilities, and Judiciary staff.

The Consultant shall pay particular attention to the disadvantaged groups such as people with disabilities, the elderly, and women that may be affected by the proposed project.

On the GBV, no consultations asking about personal experiences of GBV should be undertaken; the focus should be on gaining an understanding of the experiences of women and girls in the project location including well-being, health, and safety concerns. Furthermore, before commencing with consultation, the Consultant should be prepared with information related to those providing services to survivors in a project location so that if a person discloses GBV can be immediately referred to.

All Consultations undertaken for this ESIA study/study at all levels should be documented and presented in the Environmental Impact Statement (EIS) including the methodology used for those consultations. Photographs, minutes of the conducted meetings, names and signatures of consulted people shall be provided in the ESIA annex

Task 4.5: Identification, Analysis, and Assessment of Potential Impacts

The Consultant shall identify, analyze, and assess the environmental and social impacts of the proposed construction, renovation, and operation of court buildings. The Consultant shall distinguish between positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. Identify impacts that are unavoidable or irreversible, Ces risques incluent l'impact sur lesfamilles des exploitantsagropastorales,la salinisation des sols, le manque d'eau, l'impact sur les cours d'eau, les zones de transhumance(la détérioration de leur qualité, leur eutrophisation par les phosphates et les nitrates, les plantes aquatiques et la pollution par les pesticides ou d'autres polluants, la mortalité du bétail), etc.including the impact on people by the specific activities of the project, including public health (malaria, schistosomiasis, other forms of water-related diseases) and propose appropriate mitigation measures wherever possible.

The Consultant should identify, evaluate, and measure the extent of positive and negative impacts and direct and indirect social risks in the Project's areas of intervention;

1. Include differentiated mitigation/social inclusion measures for vulnerable/disadvantaged groups and individuals (including women, ethnic groups including pastoralists, persons with disabilities, youth, illiterate persons, etc). for project benefits, Grievance Redress Mechanism (GRM), SEP (and ensure accessible disclosure).
2. Include sexual exploitation and abuse/sexual harassment (SEA/SH) risk assessment and risks to children, and labor practices, especially those in vulnerable situations.
3. Ensure the stakeholder engagement plan includes disadvantaged/vulnerable groups and individuals and has differentiated measures to enhance participation/engagement and share in project benefits (strengthen opportunities for citizen engagement, especially at the local level to foster social cohesion, service delivery, and accessible GRM)
4. Incorporate where appropriate, traditional forms of GRMs but also must balance with ensuring accessibility/inclusion of disadvantaged and marginalized individuals and groups
5. Consider access to land/natural resources, especially for its potential to exacerbate tensions, deepen poverty and inequality (especially among women, certain forms of livelihoods such as pastoralism)
6. Incorporate culturally appropriate measures when assessing risks and impacts and project benefits, especially as they relate to vulnerable livelihoods, persons, and groups (include impacts on local cultures, languages, and customs)
7. Consider social fragility/conflict risks including poverty as a driver of fragility, inter-community dynamics between differences in access to services (i.e. water, food, land), differences in land and resource uses, livelihoods, unemployment, etc.

In addition, to minimize the impact on the environment and for the project to be environmentally friendly, the consultant has to propose green elements or futures of building green design to be incorporated in the building design or construction and after the construction phases of the project. The consultant shall analyze all occupational health and safety issues likely to arise as a result of the construction and operations of the proposed buildings.

Task 4.6: Mitigation Measures

The Consultant shall suggest cost-effective measures for minimizing or eliminating adverse impacts of the proposed construction, renovation and operation of the projects. The costs of implementing these measures shall wherever possible be estimated and presented. If compensation is recommended as one form of mitigation, the Consultant shall identify all the names and physical addresses of people to be compensated. Provide a checklist of types of impacts and corrective actions to avoid and/or mitigate them.

The consultant will present, in an annex, a table containing the types of impacts and the appropriate mitigation measures considering the social issues/risks above. They must also propose, as far as possible, actions for the improvement of the environmental and social conditions in the areas of intervention of the project;

Proposed mitigation measures and cost estimates shall be grouped in separate Bills of Quantities (BOQ) for the projects and should also include the cost of supervision for the implementation of mitigation measures (If any).

Task 4.7: Environmental and Social Management Plan (ESMP)

The Consultant shall prepare an Environmental and Social Management Plan which will focuses on three genetic areas: implementation of mitigation measures, institutional strengthening and training, and monitoring. This will include a proposed work program, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigation measures. Institutional arrangements required for implementing this management plan shall be indicated. The cost of implementing the monitoring and evaluation including staffing, training, and institutional arrangements must be specified.

The ESMP is to include, where potential impacts warrant extra attention, a waste management plan, a traffic management plan, a social management plan inclusive of actions to address gender-based violence (between project workers and project-affected communities), a labor influx management plan, an occupational health and safety plan (including specific measures for any emerging diseases) and physical cultural resources plan. The ESMP will also include provisions for the selected contractor (s) to develop a Code of Conduct for the workers.

Task 5. Monitoring and evaluation

Develop a framework, and mechanism for participatory monitoring and evaluation of programs as set out above to ensure systematic, effective, and efficient implementation of the environmental and social issues highlighted in the ESIA recommendations.

Task 6. The preparation of standard detailed terms of reference for the strategic, regional, or sectoral impact assessment to accompany the preparation of ideas for new investment projects and related technical analyses/studies.

EXPECTED OUTPUT AND DELIVERABLES

The following deliverables shall be submitted to the Judiciary of Zanzibar: -

1. An Inception Report (soft and hardcopy).
2. Registration, Scoping reports, and Terms of Reference for ESIA for submission to ZEMA (soft and hardcopy).
3. Three Drafts of ESIA Reports, i.e. First report for Construction sites, second report for proposed renovation at Unguja, and third report for proposed renovation at Pemba (soft and hardcopy).
4. Three Final ESIA Reports after incorporating comments from ZEMA, Judiciary, and World Bank i.e. First report for Construction sites, second report for proposed renovation at Unguja, and third report for proposed renovation at Pemba (soft and hardcopy).

Outline of  ESIA/reporting

The Final ESIA Reports shall be prepared in Word format and submitted to Zanzibar Environmental Management Authority (ZEMA) in the form of one electronic copy (One Flash Disk) and thirty (30) original hard copies or as required by the Authority.  The structure of the report should include: -

1. Executive Summary in both English and Swahili version; Concisely discusses significant findings and recommended actions.
2.  Legal and Institutional Framework for the project, within which the environmental and social assessment is carried out, Compares the Client's existing environmental and social framework and the ESSs and identifies the gaps between them, Identifies and assesses the environmental and social requirements of any co-financiers.
3. Project Description; Concisely describes the proposed project and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g. dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project’s primary suppliers, Through consideration of the details of the project, indicates the need for any plan to meet the requirements of national law and the ESF, Includes a map of sufficient detail, showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts.
4. Baseline Data; Sets out in detail the baseline data that is relevant to decisions about project location, design, operation, or mitigation measures. This should include a discussion of the accuracy, reliability, and sources of the data as well as information about dates surrounding project identification, planning, and implementation, Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions, Based on current information, assesses the scope of the area to be studied and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences; Takes into account current and proposed development activities within the project area but not directly connected to the project.
5. Environmental and Social Risks and Impacts; Consider all relevant environmental and social risks and impacts of the project. This will include the environmental and social risks and impacts specifically identified in the ESF and any other environmental and social risks and impacts arising as a consequence of the specific nature and context of the project.
6. The environmental and social management plan, including institutional arrangements, responsibilities, and budgets needed.
7. Mitigation Measures; Identifies mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assesses the acceptability of those residual negative impacts; Identifies differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, Assesses the feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the proposed mitigation measures, Specifies issues that do not require further attention, providing the basis for this determination.
8. Analysis of Alternatives; Systematically compares feasible alternatives to the proposed project site, technology, design, and operation—including the “without project” situation—in terms of their potential environmental and social impacts, Assesses the alternatives’ feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of alternative mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the alternative mitigation measures, For each of the alternatives, quantifies the environmental and social impacts to the extent possible, and attaches economic values where feasible.
9. Design Measures; Sets out the basis for selecting the particular project design proposed and specifies the applicable EHSGs or if the ESHGs are determined to be inapplicable, justifies recommended emission levels and approaches to pollution prevention and abatement that are consistent with GIIP.
10. The decommissioning or closure plan.
11. Conclusion and recommendations.
12. Appendices; List of the individuals or organizations that prepared or contributed to the environmental and social assessment, References—setting out the written materials both published and unpublished, that have been used, Record of meetings, consultations, and surveys with stakeholders, including those with affected people and other interested parties. The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. List of permits; Tables presenting the relevant data referred to or summarized in the main text, List of associated reports or plans.

PROJECT COORDINATION

The Consultant’s team leader will be the principal contact person. From JoZ, Environmental and Social Officers, the Head of Estate Management Unit (EMU) and his technical team, shall work in close collaboration with the consultant’s team and provide necessary support in all aspects of the consulting services. If required by local authorities or any other authority, EMU will provide Consultant with necessary support letters for introduction and obtaining permits including accessing the specific sites. 

TIME FRAME - REPORTING

No.	Activity or Deliverable	Duration
1	Inception Report	1.5 week
2	Data collection (field works) and analysis	4 weeks
	Scoping report	1.5 week
4	Draft ESIA reports	3.5 weeks
5	Final ESIA reports after incorporation of comments from ZEMA, JoZ and The World Bank	2 weeks
	Total duration	12.5 weeks

DURATION OF THE ASSIGNMENT

The assessment must begin on the date the Proponent received the no-objection letter from ZEMA on the ESIA Firm selected by the Proponent.  The ToR shall be valid within 12.5 weeks from the date of signing the contract.  The proponent may request more time to ZEMA when needed.

STAFF INPUT

No	Position Assigned	Total time inputs (Days)
1	Team Leader/ Environmental Engineer	66
2	Civil Engineer I	75
3	Environmentalist/Environmental Engineer II	88
4	Ecologist I	65
5	Gender/ GBV Specialist	55
6	Sociologist I	65
Total Man Days		414

CONSULTANT(S) QUALIFICATIONS AND PERSONNEL

The Consulting Firm should be registered with ZEMA as Environmental expert and should have at least 5 years’ experience in conducting ESIA studies. The consultant team shall comprise at least the following key personnel with the specialization and experience indicated:

​​​​​​​Team Leader

The Team Leader shall have a minimum master’s degree in either Environment, Environmental Engineering, Natural Resources Management, or a related field and with at least cumulative experience of five (5) years of practical working experience in undertaking ESIA studies or other related projects. He/she must have done an ESIA on at least five (5) projects of a similar nature within the past five (5) years.  In addition, the team leader must be familiar with the Tanzania Government's Environmental laws and regulations, and the World Bank’s Environmental and Social Framework (ESF) and its applicable Environmental and Social Standards (ESSs). The Team Leader must have excellent communication skills, fluent in written and spoken English is mandatory, and he/she must be registered as ESIA Expert. The team leader must present the evidence of ESIA studies undertaken or ongoing and his/her contribution or his/her role in the respective projects.

​​​​​​​Environmental Specialist – 2 Nos.

The Environmental Specialist must possess a minimum Bachelor's degree in Environmental Engineering, environmental management, environmental education, or environmental science with at least five (5) years of practical working experience in undertaking ESIA studies with experience in World Bank Projects. he/she must have done an ESIA on at least three (3) projects of a similar nature within the past five (5) years. The Environmental Specialist must have excellent communication skills, fluent in written and spoken English and be certified with ZEMA.

​​​​​​​Civil Engineer depending on the nature of the activity/project

The Civil Engineer must possess a Bachelor's in Civil Engineering or related studies with at least 5 years of progressive experience in preparing and implementing the construction industry, preferably in Zanzibar. Familiarity with World Bank Environmental and Social Standards is a necessity.

The main role is to aid in identifying and analyzing a wide range of impacts, especially those attributable to construction activities. An engineer is expected to assist in outlining and executing alternative methods in building design, contaminated waste processing, water transport, and other facets of engineering that will minimize unintended side effects of the proposed projects. He /She is expected to evaluate the likely impact for the national and international quality and standards. 

​​​​​​​Gender/GBV Specialist

A holder of a Bachelor’s in development, gender, international relations, sociology, anthropology, or any other relevant social science; she shall have at least five years of relevant experience working on gender and Gender-Based Violence (GBV) related issues and with operational experience; He/she shall have relevant work experience on GBV prevention, mitigation and/or response and a good understanding of all areas; experience on case management is an added value; He/she shall have experience conducting gender analysis for public policies and defining activities to close gender gaps;

​​​​​​​Sociologist - 1 Nos.

The Sociologist must possess a minimum of a Bachelor's degree in Sociology with at least Five (5) years of practical working experience in undertaking ESIA studies with experience in World Bank Projects. The Sociologist must have excellent communication skills, fluent in written and spoken English. He/she must have a cumulative experience of five (5) years in undertaking social impact assessment and resettlement planning; He/she must have done social studies on at least two (2) similar projects within the last five (5) years.  ​​​​​​​

Ecologist – 1 Nos.

The Ecologist must possess a minimum of a Bachelor's degree in Ecology. He/she must have a cumulative experience of five years of practical working experience in undertaking ESIA studies with experience in World Bank Projects.  he/she must have done ESIA studies on at least three (3) similar projects within the last five (5) years; The Ecologist must have excellent communication skills, fluent in written and spoken English.

PAYMENT TERMS AND SCHEDULE

Payments to the consultant will be made by milestone of each activity. Milestones for payments shall be affected after submission and obtaining approval of the under-mentioned activities with the associated reports/documents as follows:

Output	Payment
Inception Report approved by JoZ: - This should include methodology and work plan with a clearly defined strategy for carrying out the assignment with timelines for the various outputs.	30%
Submission of Draft ESIA reports approved by JoZ	40%
Final Approved ESIA reports after incorporation of comments from ZEMA, JoZ, and The World Bank	30%

 

[1] Section 39 of Environmental Management Act, 2015.

[2]This may include preconstruction, construction, operation, decommissioning, closure and Reinstatement/restoration.

[3] A direct impact is an impact which is caused by the project and occurs contemporaneously in the location of the project.

[4] An indirect impact is an impact which is caused by the project and is later in time or farther removed in distance than a direct impact, but is still reasonably foreseeable, and will not include induced impacts.

[5] The cumulative impact of the project is the incremental impact of the project when added to impacts from other relevant past, present and reasonably foreseeable developments as well as unplanned but predictable activities enabled by the project that may occur later or at a different location. Cumulative impacts can result from individually minor but collectively significant activities taking place over a period of time. The environmental and social assessment will consider cumulative impacts that are recognized as important on the basis of scientific concerns and/or reflect the concerns of project-affected parties. The potential cumulative impacts will be determined as early as possible, ideally as part of project scoping.

[6] See paragraph 7, which explains the mitigation hierarchy.

[7] Good International Industry Practice (GIIP) is defined as the exercise of professional skill, diligence, prudence, and foresight that would reasonably be expected from skilled and experienced professionals engaged in the same type of undertaking under the same or similar circumstances globally or regionally. The outcome of such exercise should be that the project employs the most appropriate technologies in the project-specific circumstances.

[8] The requirement to mitigate impacts may include measures to assist project-affected parties to improve or at least restore their livelihoods as relevant in a particular project setting.

[9] The Borrower will make reasonable efforts to incorporate the costs of compensating and/or offsetting for the significant residual impacts as part of project costs. The environmental and social assessment will consider the significance of such residual impacts, the long-term effect of these on the environment and project-affected people, and the extent to which they are considered reasonable in the context of the project. Where it is determined that it is not technically or financially feasible to compensate or offset for such residual impacts, the rationale for this determination (including the options that were considered) will be set out in the environmental and social assessment.

[10] Ecosystem services are the benefits that people derive from ecosystems. Ecosystem services are organized into four types: (i) provisioning services, which are the products people obtain from ecosystems and which may include food, freshwater, timbers, fibers, and medicinal plants; (ii) regulating services, which are the benefits people obtain from the regulation of ecosystem processes and which may include surface water purification, carbon storage and sequestration, climate regulation, protection from natural hazards; (iii) cultural services, which are the nonmaterial benefits people obtain from ecosystems and which may include natural areas that are sacred sites and areas of importance for recreations and aesthetic enjoyment; and (iv) supporting services, which are the natural processes that maintain the other services and which may include soil formation, nutrient cycling and primary production.

[11] This includes Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH).

[12] Disadvantaged or vulnerable refers to those who may be more likely to be adversely affected by the project impacts and/or more limited than others in their ability to take advantage of a project’s benefits. Such an individual/group is also more likely to be excluded from/unable to participate fully in the mainstream consultation process and as such may require specific measures and/or assistance to do so. This will consider considerations relating to age, including the elderly and minors, and including in circumstances where they may be separated from their family, the community or other individuals upon which they depend.

[13] Due to the complexity of tenure issues in many contexts, and the importance of secure tenure for livelihoods, careful assessment and design is needed to help ensure that projects do not inadvertently compromise existing legitimate rights (including collective rights, subsidiary rights and the rights of women) or have other unintended consequences, particularly where the project supports land titling and related issues. In such circumstances, the Borrower will at a minimum demonstrate to the Bank’s satisfaction that applicable laws and procedures, along with project design features (a) provide clear and adequate rules for the recognition of relevant land tenure rights; (b) establish fair criteria and functioning, transparent and participatory processes for resolving competing tenure claims; and (c) include genuine efforts to inform affected people about their rights and provide access to impartial advice.

[14] Primary suppliers are those suppliers who, on an ongoing basis, provide directly to the project goods or materials essential for the core functions of the project. Core functions of a project constitute those production and/or service processes essential for a specific project activity without which the project cannot continue.

[15] This includes all greenhouse gases (GHGs) and black carbon (BC).