Environmental and Social Management Framework for the Costa Rica Telecommunications Sector Modernization Project
Step 3: Approval, Disclosure and Public Consultation
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- 6.5.2Disclosure and Public Consultation
- 6.6Step 4: Implementation
- Figure 6.6. Subproject implementation supervision
6.5Step 3: Approval, Disclosure and Public Consultation6.5.1ApprovalSETENA may coordinate with MINAET and other relevant sector authorities or specialists (e.g. telecommunications, protected areas, cultural heritage, health, etc.) to solve any technical questions regarding the design and potential environmental and social issues related to the project. SETENA will make a final resolution based on the environmental instruments presented and compliance with required criterion. After SETENA’s review of the environmental instrument developed by the project proponent (either DJCA; P-PGA; or EsIA), and consultation with relevant authorities and specialists (when needed), will apply the following decision paths (See Figure 6-5): Rejected: environmental measures are not viable for the proposed subproject. MINAET may decide to carry out an audit. The project proponent will be asked to re-submit the assessment based on recommendations. Incomplete or deficient: environmental measures presented require an extension or modification. SETENA may request additional EMP work, including public consultation. When deemed necessary, SETENA may provide an environmental specialist or technician to help leverage the application of environmental measures in the instrument. Approved: environmental measures presented comply with required procedures, national legislation, and safeguard policies (OP 4.01, 4.04, 4.10, 4.11). The environmental viability permit is granted and the project proponent is ready to formalize commitment and pay guarantee. In addition to the approval of the environmental appraisal process; other permits may be required. Prior to construction of telecommunication infrastructure, the project proponent will present the approved subproject to the local municipality and apply for the necessary construction permits. 6.5.2Disclosure and Public ConsultationIn compliance with World Bank guidelines, before a subproject is approved, the project must be made available for public review. Disclosure will occur at a place accessible to local people (e.g. at a local government office, community council, town hall, municipality, etc.) and in a form, manner, and language that can be understood by the audience. MINAET (through SETENA) will ensure that public consultation with subproject stakeholders (i.e. local communities, local authorities, local NGO’s, and project-affected groups) and appropriate disclosure occurs throughout the subproject implementation as necessary to address issues related to the environmental measures that affect said stakeholders. For subprojects planned to be built in indigenous peoples territories, the subproject proponent will make the social assessment report and draft Indigenous Peoples Planning Framework (IPPF) available to the affected Indigenous Peoples’ communities in an appropriate form, manner, and language. After appraisal, the IPPF will be made available to the affected Indigenous Peoples’ communities in the same manner as the earlier draft documents. 6.6Step 4: ImplementationDuring subproject implementation, SETENA will assign a subproject supervisor that will follow-up on the implementation undertaken by the project proponent. The supervisor will ensure compliance of the subproject with the findings and results of the corresponding environmental instruments (DJCA, P-PGA, or EsIA), the EMP and measures set out in the legal agreements and other project documents. SETENA should agree with the project proponent on the supervision within the overall plan for the subproject. Accordingly, the supervision arrangements should summarize key areas on which supervision will focus—critical risks to implementation of the EMP, how such risks will be monitored during implementation and agreements reached with the project proponent. Supervision, along with other aspects of the subproject, covers monitoring, evaluative review and reporting and is designed to:
It is vital that an appropriate environmental supervision plan is developed with clear objectives to ensure the successful implementation (see Section 6.11 Monitoring and Evaluation for content of a Monitoring Control and Adjustment System). The supervisor may execute field visits if deemed necessary. It will report back to SETENA any deviations to environmental commitments. Depending on the level and significance of such deviations, the project proponent will be given a timeframe to address the measures, apply corrective actions and prove its adequate implementation. The supervisor will give clearance before SETENA once the observations are satisfied (see Figure 6.6). If SETENA acknowledges the need for training and/or capacity building for the assigned supervisor staff, such provision will be incorporated within the FONATEL. Figure 6.6. Subproject implementation supervision
The following guidelines describe general topics that SETENA’s environmental supervisor will need to assess during subproject implementation (construction and operation). The guidelines are based on the IFC EHS Guidelines for Telecommunications, EBRD guidelines, international best practice, relevant national legislation, as well as observations made during the environmental assessment of the telecommunication sector performed in Costa Rica in June 2007 (see Section 5 Potential Impacts of the Project). However, the topics will ultimately depend on the environment instruments approved by SETENA. A complete description of guidelines for mitigation measures and environmental management can be found in Annex 8 Measures for Mitigating Environmental and Social Impacts.
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