Environmental and Social Management Framework for the Costa Rica Telecommunications Sector Modernization Project


World Bank Safeguard Policies Triggered



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2.4World Bank Safeguard Policies Triggered


The World Bank has several Operational Policies (OPs) and Directives that outline World Bank lending requirements regarding social and environmental aspects (the Safeguard Policies). Three of the ten World Bank safeguard policies were triggered by this project as explained below; two additional safeguard policies would be triggered, for certain sub-projects only, on a case-by-case basis. The triggered policies are discussed in more detail in the text that follows; the OPs can be found in Annex 3.



Yes

If applicable, how might it apply?

[X]

Environmental Assessment (OP/BP 4.01)

While environmental impact from the investments in rural telecom infrastructure financed through this project is expected to be minimal, indirect impacts could emerge from ancillary infrastructure (access roads into environmentally sensitive areas).



[X]

Natural Habitats (OP/BP 4.04)

The sub-projects to be financed under the universal service component have the potential to impact natural habitats, given the potential need for deployment of ancillary infrastructure into sensitive regions.



[/ ]

Forests (OP/BP 4.36)

[ ]

Pest Management (OP 4.09)

[X]

Physical Cultural Resources (OP 4.11)

The sub-projects to be financed under the universal service component have the potential to impact physical cultural resources, through the potential need for deployment of ancillary infrastructure.



[/ ]

Indigenous Peoples (OP 4.10)

[ ]

Involuntary Resettlement (OP/BP 4.12)

[ ]

Safety of Dams (OP/BP 4.37)

[ ]

Projects in Disputed Areas (OP/BP/GP 7.60)

[ ]

Projects on International Waterways (OP/BP/GP 7.50)

Note: X indicates Safeguard Policy is triggered by the project

/ indicates Safeguard Policy would be triggered on a case-by-case project


Environmental Assessment, OP 4.01:

OP 4.01 requires the borrower to undertake an Environmental Assessment (EA) of projects. EA evaluates a project’s potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation


Natural Habitats, OP 4.04:

OP 4.04 seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present).

Specifically, the policy prohibits Bank support for projects which would lead to the significant loss or degradation of any Critical Natural Habitats, whose definition includes those natural habitats which are either:


  • legally protected,

  • officially proposed for protection, or

  • unprotected but of known high conservation value.

In other (non-critical) natural habitats, Bank supported projects can cause significant loss or degradation only when:



  • there are no feasible alternatives to achieve the project's substantial overall net benefits; and

  • acceptable mitigation measures, such as compensatory protected areas, are included within the project.


Physical Cultural Resources, OP 4.11:

The objective of OP/BP 4.11 on Physical Cultural Resources is to avoid, or mitigate, adverse impacts on cultural resources from development projects that the World Bank finances.


See Section 6, Reference Framework for further details on the requirements induced for the project’s implementation agency.
Other Policies that can be triggered

After the screening was completed during the site visit (June 2007) and the interviews were held with the representatives of the Costa Rican agencies, as well as the opinion of the social and environmental specialist assigned by the World Bank for this project; it is considered that the OP 4.10 Indigenous Populations would be triggered in cases where the development of sub-projects involves territories of indigenous peoples. However, Costa Rican legislation does allow the installation of services in indigenous territories with the appropriate and prior coordination with CONAI.


In cases were it is determined that the sub-project is in indigenous territories, the established requirements in the OP 4.10 Indigenous Populations must be applied, as well as the guidelines proposed in the Indigenous Peoples Planning Framework (see Annex 16).
According to the OP 4.10, the Bank approves financing only when the process of free, prior and informed consultation results in the support of the communities affected in the project area. This project must:

  • avoid the potential impacts regarding the indigenous communities;

  • when it can not be avoided, it must be minimized, mitigated or compensated for the impacts;

  • the project must ensure that the indigenous population will receive social and economic benefits that are culturally appropriate taking into account gender and generation.

Safeguard Policy OP 4.36 on Forests would also be triggered in cases where telecommunication infrastructure will be installed in forested areas. OP 4.36 aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development.


In the case of this project, compliance requirements for sub-projects that would trigger OP 4.36 are identical to those of OP 4.04 on Natural Habitats.


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