The proposed Project would have four components, subject to the availability of financing:
Location(s): The project will be implemented in Kwale and Mombasa counties. The main dam will be constructed on the Mwache River at the Fulugani village (Kinango District, Kwale county) about 22 km west of the city of Mombasa and near the coastline. The irrigation scheme would be located in Kwale county.
Key dates: The estimated date for Board Approval is 16 December 2014 and it is expected that activities related to the construction of the Mwache Dam will begin in July 2016.
Risk Categorization: Category A:
the project is likely to have "significant adverse environmental impacts that are sensitive, diverse, or unprecedented"
Applicable Social & Environmental Standards
Environmental Assessment (OP 4.01, BP4.01, GP 4.01)
triggered due to "the intense interaction with the physical, biological and social setting within the immediate surroundings and direct and indirect influence on social and ecosystems"
Forestry (OP4.36, GP 4.36)
triggered due to "the proximity of Mwache Forest and the associated cultural, ecological and climatic importance and values."
Natural Habitats (OP/BP 4.04)
triggered due to "appreciating the biological importance of Mwache Creek in terms of fish breeding grounds and the intensive mangrove forest cover."
Involuntary Resettlement (OP4.12, BP 4.12)
triggered because "over 200 families are likely to be displaced by the project." This may affect the residual settlers who may get separated with close family members or friends.
Physical Cultural Resources (OP/BP 4.11)
triggered because "Kaya Mswakara (one of the cultural sites held with high regard by the Mijikenda community of the Coast Region), numerous grave yards (usually located on communal family clusters) and other points of traditional prayers are among the cultural resources within close proximity to the dam. The project is likely to inundate cultural heritage sites/graves and /or encounter cultural resources during the construction of the dam." "
Indigenous Peoples Policy (OP/BP 4.10)
triggered because "The project is likely to inundate cultural heritage sites/graves and /or encounter cultural resources for the Duruma community during the construction of the dam." This is likely to cause conflict with the Duruma Community which is considered indigenous.
Pest Management (OP/BP 4.09)
triggered due to the "application of various agrochemicals while using the dam water for irrigation" in the agricultural project.
Safety of Dams (OP/BP 4.37)
triggered because A huge mass of water anticipated in Mwache dam could lead to potential risks including: dam breaking, spillways giving in, collapsing of related storage tanks, and overflow onto upstream bridges roads, accidental drowning of residents and animals, etc.
Our Risk Assessment
Based on the World Bank's project documents, this project poses potential risks to the following human rights:
Right to Water
For communities along Mwache River, on-going water abstraction projects for domestic use and irrigation is likely to affect the livelihoods of populations living downstream especially during the dry season.
Right to Property & Adequate Housing
"Land take due to construction and operation will affect a total of 746 households in 19 villages." Land acquisition will facilitate the set-up of sub-projects such as solid waste disposal sites, wastewater treatment plants, markets and parks that are all space intensive. A total of 171 structures within the project area will be lost.
Right to Food
"Areas up to 10 km on both sides of the Mwache River, upstream [from] the dam will become permanently flooded due to the creation of a water-storage reservoir upstream from the dam." This is likely to affect food production on private agricultural land in the project area.
Right to Livelihood
Approximately 4,250 people are going to be affected by the project for "the project will physically displace (permanently), households who currently own residential and commercial structures/ houses in the proposed project area while another set of households will be economically displaced as a result of losing agricultural land."
Right to a Healthy Environment
Health and safety of the residents is likely to be affected by enhanced vector breeding (mosquitoes, snails), attraction of wildlife to the area and water contamination. It is also likely that "increase in project associated laborers, human and vehicular traffic may attract sex workers resulting in increased social conflict and rates of HIV and other disease infection."
Right to Culture
Bank documents indicate that "the two sites for traditional worship (kayas) found at Mwache Bridge and at the dam site in Fulugani" will be destroyed as a result of the dam. The dam will also flood "100 graves/burial sites hence adversely affecting the cultural norms of the Duruma community."
Bank financing: World Bank
Borrower: National Treasury of the Republic of Kenya; Implementing Agency-Ministry of Environment, Water and Natural Resources
Amount of bank loan or investment: $200m
Total project cost: $200m
The project will put in place an extra judicial mechanism for the management of grievances and disputes based on explanation and mediation by third parties. Each of the affected persons will be able to trigger this mechanism while still being able to resort to the judicial system. There will be four levels of grievance management; 1. Duruma Council of Elders; 2. Village level in cooperation with the Project Implementation Unit; 3. Mediation Committee (District) and 4. Resort to Justice.
ACCOUNTABILITY MECHANISM OF WORLD BANK
The World Bank Inspection Panel is the independent complaint mechanism and fact-finding body for people who believe they are likely to be, or have been, adversely affected by a World Bank-financed project. If you submit a complaint to the Inspection Panel, they may investigate to assess whether the World Bank is following its own policies and procedures for preventing harm to people or the environment. You can contact the Inspection Panel or submit a complaint by emailing firstname.lastname@example.org. You can learn more about the Inspection Panel and how to file a complaint at: http://ewebapps.worldbank.org/apps/ip/Pages/Home.aspx.