SECTION 2. COUNTRY AND ENVIRONMENTAL INFORMATION (BASELINE INFORMATION)

SECTION 2. COUNTRY AND ENVIRONMENTAL INFORMATION (BASELINE INFORMATION)

GBV activities under this program will operate in the North and South Kivu

The area is located between latitude south 2° and longitude east 25°. It is a mountainous relief area between an altitude of 1,500m (lake level) and 3,300m (Kahuzi and Biega peaks). The climate is humid tropical and in a mountainous area, with an average of 1, 500mm annual rain fall distributed over 9 months (dry month are June, July and February). Cool temperatures vary between 14 and 19°C on monthly averages. The bedrock is basaltic, shaped by the volcanic activity of the area.

Resulting clay soils are ultisols, south of the lakeside towards Bukavu, to endisols in the north of the lake toward Goma soils are fertile and subject to intensive erosion, given the steep slopes.

The typical natural vegetation of the area is a mountainous strata arrangement (forest, savanna, bamboos, and grasses successively going to higher altitudes). Only traces of it remain in the area targeted, given the high human population of the environment. But in the western highlands of the bordering National Park of Kahuzi Biega the typical vegetation is still very present.

The demography is vastly different between the lakeside and the bordering National Park. The Kivu lakeside hosts the highest rural population densities in the DRC (300 inhabitants/km2 vs. 90 inhabitants/km2 on average for the whole Kalehe territory). This is due mainly to good accessibility, location favorable to trade, naturally high fertility of volcanic soils, cool temperatures, and diversified economic options (agriculture, fisheries, trading, mining, etc.). Given the lack of free cultivable land in area targeted, new generations migrate towards the western highlands, but are struggling in difficult environmental conditions (the National Park hosting armed groups such as Forces Démocratiques pour la Libération du Rwanda (FDLR) and Congrès National pour la Defense du Peuple (CNDP).

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  Banana trees associated with coffee trees behind the house, with a few grevillea tree shadowing, under responsibility of the men, but with women supporting maintenance;
  
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  Staple crops up and downstream from houses, under the responsibility of women;
  
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  In the low-lands, sugar cane managed by men and gardening managed by women;
  

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  On the ridges, there are eucalyptus, grevillea and staple crops;
  
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  Pure coffee plantations are also at greater distances from houses (max 5km) on the hillsides, managed by men.
  

Despite the fact that DRC is “water-rich”, it is currently facing a serious drinking water supply crisis. Water infrastructure was plagued by years of underinvestment, conflict, and a fast growing population, and only around 26 percent of the population has access to safe drinking water. Additional issues in the water sector include degradation of drinking water sources from land-use changes, poor construction and maintenance of rural water systems, water pollution, and poor governance. However, since 2004, water governance is improving as the government has committed to water sector reform, which is also the focus of much international assistance.

The DRC government ratified in 2015 the Paris Declaration of COP21 as well as the United Nations Framework Convention on Climate Change (UNFCCC) in 1994. They presented its Initial National Communication (INC) in 2002, in which they listed national producers of greenhouse gases and estimated the country’s vulnerability to climate change and suggested policy approaches to adaptation and mitigation. A National Adaptation Program of Action was produced in 2006. Civil Society Organizations (CSOs) have been involved in REDD (Reducing Emissions from Deforestation and Forest Degradation in Development Countries) projects, such as personnel training, sharing knowledge regionally, REDD+ pilot projects and launching the first university curriculum on REDD+. The forests of DRC hold the largest carbon stocks of any African country, so preservation is essential to fighting climate change.

The Constitution Environmental law in the DRC starts with the Constitution of the Third Republic, adopted on February 18, 2006. Article 53 states that every person has a right to a healthy environment, that the environment must be protected, and that the state is responsible for protecting the environment and the health of the people. Further, Article 123 makes provisions for laws to be made concerning the protection of the environment and tourism and Article 203 calls for cooperative governance between central and provincial administration to protect and conserve the environment, natural sites and landscapes.

The “Arrete ministeriel” (Ministerial Decreey) n*043/CAB/MIN/ECN-EF/2006 of the December 08th, 2006 is related to the importance of the environmental and social impact assessment for all development projects.

Environmental Impact Assessment (EIA) and Law No. 11/009. In 2003, a Mining Regulation that followed the DRC’s Mining Code of 2002 requires mining exploration and development projects to complete an EIA and public consultations. Approved in 2011, Law No. 11/009, entitled the Basic Fundamental Principles Relating to Environmental Protection, extended the regulatory framework beyond the mining sector by requiring that developers of industrial, commercial, agricultural, forestry, mining and telecommunications projects complete an Environmental and Social Impact Assessment (ESIA) and undertake public consultation. It also requires environmental audits; environmental evaluation of policies, plans and programs; the creation of new institutional structures; and an environmental fund for research, conservation, clean-up operations, and rehabilitation and pollution prevention. However, this law does not provide guidance on types of projects subject to an ESIA, or details on development and validation of the ESIA.

The management of EIAs is the responsibility of the Ministry of Environment, Nature Conservation and Tourism (MENCT), but matters related to mining are under the responsibility of the Director of Protection of the Mining Environment (DPEM).

Chapters five and six of Law No. 11/009 are related to management and conservation of natural resources and the prevention of risks and control of pollution and other public nuisances. Chapter 5 holds the state responsible for the conservation and sustainable management of ecosystems, natural resources, and monuments, and specifically addresses preventing the degradation of land, soil and vegetation, as well as surface and groundwater. It also addresses the sustainable management of biodiversity and forests and prohibits activities that will negatively affect the environment in forbidden zones or protected areas.

Section 1 of chapter 6 addresses commercial industries, and requires a permit (either by the national or provincial government) in cases where activities will pose dangers for health, security or the environment, and requires that measures are put in place to avoid accidents or pollution that will have negative consequences for the environment or health. Section 2 addresses air, water, soil, odor, and noise pollution, and also mentions the use of pesticides, fertilizers and other techniques to ensure sustainable productivity of the soil. The remaining sections address the management of chemical products, waste, genetically modified organisms, and natural catastrophes.

The DRC’s climate varies from hot and humid in the equatorial river basin region, to cooler and drier in the southern highlands, and cooler and wetter in the eastern highlands. The country has two short wet and dry seasons.

TEMPERATURE: Average annual temperatures range between 18°C to 32°C. Temperatures are projected to increase by about 2.7-3.2°C by the 2100s, as compared to the 1990 baseline.

PRECIPITATION: Since the DRC straddles the Equator, its northern and southern regions experience wet and dry seasons at different times of the year. The southern wet season occurs between October and April, whereas the northern wet season occurs between April and September. Average rainfall currently ranges from 1,000 mm to 1,700 mm. Climate models project that most regions within the country will experience a decrease in rainfall of 0.8-11.4 percent by the 2100s. The projections also indicate a shortening of the rainfall season in the southern region.

EXTREME EVENTS: The DRC experiences periodic droughts in the south and seasonal flooding in the East. These events are directly related to the abundance (or lack) of precipitation.

SECTION 3: POTENTIAL ENVIRONMENTAL IMPACTS & RECOMMENDED DETERMINATIONS, INCLUDING CONDITIONS

In this section, the entailed activities are described and their potential impacts analyzed. On this basis, recommended determinations are made. For activities with a negative determination with conditions, the implementation of those conditions becomes mandatory upon the approval of this IEE. This section will further clarify which activities are classified as a categorical exclusion and a negative determination with conditions.

The GBV activity design team used USAID's “Climate Risk Screening Tool” to assess the potential climate risks. The tool is essentially a matrix that systematically identifies the relevant sectors, regions, and timeframes for analysis, and assesses the potential climate change impacts, adaptive capacity and potential options to address those impacts.

The GBV activity has incorporated climate change analysis to highlight mitigation and adaptation opportunities in implementation. The overall goal of the climate change risk screening is to screen the project in order to improve the accessibility of beneficiaries to services provided (e.g. training, kits, media, etc.) by overcoming uncertainty and risk associated with climate change. Addressing this goal requires considering GBV activities in the context of the key climate change issues at hand (e.g., increased temperature, variability in precipitation, increased intensity and frequency of droughts etc), determined in the first step of the screening process. When applying the climate predictions to the activity, it is important to consider if the timeframe of the climate prediction is for the coming years, or considerably more distant periods. Understanding the timeframe of the climate prediction is important because GBV exists in a population facing many risks. The risk encompasses two principal components the probability of something happening and the resulting cost or benefit if it does happen.

The GBV activity’s climate change screening highlights that the eastern part of the country (North and South Kivu) is at low risk for extreme precipitation events, frequent flooding and landslide, moderate risk for decreases in rainfall. Climate change models indicate that the event forecast and opportunities to leverage other activities (environmental and social) will be key adaptation and resilient strategies for the population. Climate change adaptation will need to be built into all activities to ensure GBV will continue provide the expected benefit and support

The GBV activity will use climate risk screening when selecting the location and timeframe for the activities.

A summary of the conclusions from the analysis is presented in the Table in Annex 1.

SECTION 4: Implementation and Monitoring

In addition to the specific conditions enumerated in Section D, the negative determinations recommended in this IEE are contingent on full implementation of the following general monitoring and implementation requirements:

1. 
   IP Briefings on Environmental Compliance Responsibilities: USAID/DRC/TO3 shall provide the IP with a copy of this IEE; the IP shall be briefed on their environmental compliance responsibilities by their cognizant A/COR. During this briefing, the IEE conditions applicable to the IP’s activities will be identified.
   

4. 
   Development of EMMP. Each IP whose activities are subject to one or more conditions set out in Section 3 of this IEE shall develop and provide for C/AOR review and approval of an EMMP documenting how their project will implement and verify all IEE conditions that apply to their activities.
   

(Note: The AFR EMMP Factsheet provides EMMP guidance and sample EMMP formats: http://www.usaidgems.org/Documents/lopDocs/ENCAP_EMMP_Factsheet_22Jul2011.pdf ).

4. 
   Integration and implementation of EMMP. Each IP shall integrate their EMMP into their project work plan and budgets, implement the EMMP, and report on its implementation as an element of regular project performance reporting.
   

4. 
   Communication to firms regarding compliance. The IP shall communicate to potential sub-grantees the requirements established in this IEE. Specifically, the IP shall, and as appropriate, communicate environmental compliance responsibilities to each potential sub-grantees.
   

4. 
   USAID/DRC monitoring responsibility. As required by ADS 204.3.4, USAID/DRC field Office will actively monitor and evaluate whether the conditions of this IEE are being implemented effectively up to the signatures of agreements/deals and whether there are new or unforeseen consequences that were not identified and reviewed in this IEE. If new or unforeseen consequences arise, the team will suspend the activity and initiate appropriate, further review in accordance with 22 CFR 216. USAID Monitoring shall include regular field visits.
   
5. 
   Compliance with Host Country Requirements. Nothing in this IEE substitutes for or supersedes IP, sub-grantee and subcontractor responsibility for compliance with all applicable host country laws and regulations. The IP, sub-grantees and subcontractor must comply with host country environmental regulations unless otherwise directed in writing by USAID. However, in case of conflict between host country and USAID regulations, the latter shall govern.
   

This IEE does NOT authorize support for pesticides, including their procurement, use, transport, storage or disposal. Any pesticide activity proposed under this program would necessitate an amended IEE, including all elements of analysis required by 22CFR216.3 (b) under USAID Pesticide Procedures.

This IEE does not cover the following activities and therefore should changes in scope implicate any of these issues/activities, a BEO-approved amendment shall be required:

• Activities normally having a significant effect on the environment under §216.2(d)(1) [See http://www.usaid.gov/our_work/environment/compliance/regulations.html ]

Any activity that will:

• Affect endangered species;

• Result in wetland or biodiversity degradation or loss;

• Support extractive industries (e.g. mining and quarrying);

• Promote timber harvesting;

• Provide support for regulatory permitting;

• Result in privatization of industrial or infrastructure facilities;

• Procure or use genetically modified organisms.

Under 22 CFR §216.3(a)(9), if new information becomes available that indicates that activities covered by the IEE might be considered major and their effect significant, or if additional activities are proposed that might be considered major and their adverse effect significant, this environmental threshold decision will be reviewed and, if necessary, revised by the Mission with concurrence by the BEO. It is the responsibility of the USAID AOR/COR to keep the MEO and BEO informed of any new information or changes in the activity that might require revision of this IEE.

Annex 1. Climate Risk Screening and Management Tool for the DRC GBV Activity