The Practice of EIA in SudanThe Practice of EIA in Sudan

The History of EIA in SudanThe History of EIA in Sudan

When was When was EIAEIA first practiced in Sudan? first practiced in Sudan?

After 2000 ?After 2000 ?

In 1999?In 1999?

In 1980?In 1980?

After Independence?After Independence?

Before Independence?Before Independence?

Environmental Impact Assessment Environmental Impact Assessment - - without giving it the trade mark- without giving it the trade mark- was was practiced in the Sudan prior to the practiced in the Sudan prior to the 1950s!!1950s!!

The Equatorial Nile Project Study, The Equatorial Nile Project Study, motivated by the proposed Jonglei Canal motivated by the proposed Jonglei Canal Project to save the White Nile water lost Project to save the White Nile water lost in the swamps in Southern Sudan, was in the swamps in Southern Sudan, was completed.completed.

A research group of scientists and technicians, A research group of scientists and technicians, comprising the Jonglei Investigation Team comprising the Jonglei Investigation Team (JIT), was formed in 1948 to look into the (JIT), was formed in 1948 to look into the probable impacts of the Equatorial Nile Project. probable impacts of the Equatorial Nile Project.

The team worked from 1949 to 1953 under the The team worked from 1949 to 1953 under the leadership of Dr P. Howell. leadership of Dr P. Howell.

By 1954 Howell published the final report of the By 1954 Howell published the final report of the team in four volumes: team in four volumes: The Equatorial Nile The Equatorial Nile Project and its effects on the Anglo-Egyptian Project and its effects on the Anglo-Egyptian Sudan: Being the Report of the JIT.Sudan: Being the Report of the JIT.

It was an impressive, remarkable account It was an impressive, remarkable account of:of:

• The hydrology, ecology, the peoples of The hydrology, ecology, the peoples of the Upper Nile and their livelihoodsthe Upper Nile and their livelihoods

• The effects of the canal; and The effects of the canal; and • The possible remedies and assessments The possible remedies and assessments

or damages,or damages,• As well as numerous specialized studies, As well as numerous specialized studies,

surveys and maps.surveys and maps. This was perhaps the first Environmental This was perhaps the first Environmental

Impact Assessment (EIA) endeavour ever Impact Assessment (EIA) endeavour ever carried out in the developing World, carried out in the developing World, if if not in the whole World! not in the whole World!

• More than thirty years passed where More than thirty years passed where no EIAs were carried outno EIAs were carried out

• The period had witnessed the The period had witnessed the construction and operation of many construction and operation of many large developmental projects such as large developmental projects such as Rahad Irrigation Project, Kenena Rahad Irrigation Project, Kenena Sugar Factory, El Roseiris and Sugar Factory, El Roseiris and Khashm el Girba Dams and Kharoum-Khashm el Girba Dams and Kharoum-Port Sudan Highway. Port Sudan Highway.

• During the same period there were no During the same period there were no legislations formulated specifically legislations formulated specifically tailored to the process of EIA tailored to the process of EIA

• The establishment within the University The establishment within the University of Khartoum of the Institute of of Khartoum of the Institute of Environmental Studies in 1978 provided a Environmental Studies in 1978 provided a scientific arena for commencing and scientific arena for commencing and carrying out EIAs.carrying out EIAs.

• One of the most interesting substantive One of the most interesting substantive contributions of IES has been its work in contributions of IES has been its work in anticipating adverse environmental anticipating adverse environmental impacts in project design, impacts in project design, implementation and management. implementation and management.

• Its first trial in EIA was with CARE project Its first trial in EIA was with CARE project for installing rural water supplies in for installing rural water supplies in Kordofan Region in western Sudan 1982Kordofan Region in western Sudan 1982. .

• This study came at a time when the This study came at a time when the conventional wisdom argued that the more conventional wisdom argued that the more boreholes are dug, the better.boreholes are dug, the better.

• The study findings served to demonstrate, The study findings served to demonstrate, at that early time, to many funding at that early time, to many funding agencies that such pre-project assessments agencies that such pre-project assessments are important. are important.

• Perhaps the first EIA study conducted by Perhaps the first EIA study conducted by Sudanese experts was for Sudan’s Sudanese experts was for Sudan’s Southern Stock Route in 1984 Southern Stock Route in 1984

• Since then many projects were Since then many projects were environmentally assessedenvironmentally assessed

Some EIAs undertaken in Sudan Some EIAs undertaken in Sudan

ProjectProject YearYear

E. Impact of Sudan’s Southern Stock RouteE. Impact of Sudan’s Southern Stock Route 19841984

E I A of the Locust Control ProjectE I A of the Locust Control Project 19881988

The Heightening of Roseiris Dam EIAThe Heightening of Roseiris Dam EIA 19941994

El Muglad Oil Production FacilitiesEl Muglad Oil Production Facilities 19981998

El Muglad - Bashayer PipelineEl Muglad - Bashayer Pipeline 19981998

Merowe Dam ProjectMerowe Dam Project 20022002

El Renk- Malakal RoadEl Renk- Malakal Road 20032003

El Selaim-Halfa RoadEl Selaim-Halfa Road 20052005

Bashayer2 Oil Marine TerminalBashayer2 Oil Marine Terminal 20052005

Port Sudan New Oil refineryPort Sudan New Oil refinery 20062006

Upper Atbara DamsUpper Atbara Dams 20092009

Dagash Hydropower ProjectDagash Hydropower Project 20102010

Mugrat Hydropower ProjectMugrat Hydropower Project 20102010

The Heightening of Roseiris Dam EIAThe Heightening of Roseiris Dam EIA 20102010

Southern Sudan DamsSouthern Sudan Dams 20102010

Al Shereik Hydropower Project (underway)Al Shereik Hydropower Project (underway) 20112011

Kajbar Hydropower Project (underway)Kajbar Hydropower Project (underway) 20112011

• The association between the The association between the establishing of IES and the initiation of establishing of IES and the initiation of EIA practice in the Sudan could not be EIA practice in the Sudan could not be overlooked.overlooked.

• The rate of conducting EIAs has The rate of conducting EIAs has accelerated during the period 1998-accelerated during the period 1998-2006 and later.2006 and later.

• This is linked primarily with the onset This is linked primarily with the onset of oil activities and the construction of of oil activities and the construction of roads. roads.

• Recent EIAs studies were linked with Recent EIAs studies were linked with the construction of many new damsthe construction of many new dams

• Although EIAs were not legislatively Although EIAs were not legislatively mandatory- despite the many mandatory- despite the many available sectoral laws pertaining to available sectoral laws pertaining to the preservation of natural resources- the preservation of natural resources- it was the donors or entrepreneurs it was the donors or entrepreneurs who required and usually supervised who required and usually supervised the conductance of the particular EIA the conductance of the particular EIA as a prerequisite for releasing the as a prerequisite for releasing the allocated funds for project allocated funds for project implementation. implementation.

The process of EIA system in the The process of EIA system in the Sudan eventually received formal Sudan eventually received formal legal support when the legal support when the Environmental Protection ActEnvironmental Protection Act was was passed in 2001passed in 2001.

Article 17, Chapter III states:Article 17, Chapter III states:

““Notwithstanding the provisions of any other Notwithstanding the provisions of any other law, with respect to permit, by the competent law, with respect to permit, by the competent authority, for projects or programmes, every authority, for projects or programmes, every person, who desires to enter into such person, who desires to enter into such project, as may probably affect the project, as may probably affect the environment and natural resources environment and natural resources negatively, shall present an environmental negatively, shall present an environmental feasibility study, signed on the part of by the feasibility study, signed on the part of by the evaluation and follow-up Committee, which is evaluation and follow-up Committee, which is constituted by the Councilconstituted by the Council”.”.

The Act explicates that the environmental feasibility The Act explicates that the environmental feasibility study of the project shall show the following:study of the project shall show the following:

•The expected impact of the proposed project upon the environment,The expected impact of the proposed project upon the environment,

•Such negative effects of the project, as may be avoided upon execution Such negative effects of the project, as may be avoided upon execution of the project,of the project,

•The available alternatives of the proposed project,The available alternatives of the proposed project,

•Sufficient explanation that the short term exploitation of the natural Sufficient explanation that the short term exploitation of the natural resources and the environment does not affect the proffering of such resources and the environment does not affect the proffering of such resources, in the long run,resources, in the long run,

•Where the project is connected to exploitation of the non-renewable Where the project is connected to exploitation of the non-renewable natural resources, the said feasibility study shall include the continued natural resources, the said feasibility study shall include the continued exploitation of such resources,exploitation of such resources,

•Such precautions, as may be adopted, for containing and restraining the Such precautions, as may be adopted, for containing and restraining the negative effects of the project.negative effects of the project.

•The Act is concluded with Article 27 which provides the Council with the The Act is concluded with Article 27 which provides the Council with the power to make such regulations as may be necessary for the power to make such regulations as may be necessary for the implementation of this Act.implementation of this Act.

• Unfortunately, till now EIAs are Unfortunately, till now EIAs are carried out without any by-laws or carried out without any by-laws or regulations stipulated from the EPAregulations stipulated from the EPA

• No clear directions as to:No clear directions as to: - Screening process- Screening process - The duration of study- The duration of study - The timing of the study- The timing of the study - Cost of study - Cost of study - Protocols of EIS review, monitoring, - Protocols of EIS review, monitoring,

follow-up and auditing procedures. follow-up and auditing procedures.

• On the institutional side, real law On the institutional side, real law enforcement capabilities are either enforcement capabilities are either weak or lacking.weak or lacking.

Other Provisions for EIAOther Provisions for EIA

• Petroleum Resources Act 1998Petroleum Resources Act 1998• Regulations for Protection of the Regulations for Protection of the

Environment in the Petroleum Industry Environment in the Petroleum Industry 2005 2005

• Addressing the issue of EIA, the Addressing the issue of EIA, the Regulations require a baseline study Regulations require a baseline study and the preparation of an EIA in areas and the preparation of an EIA in areas where the petroleum operations are to where the petroleum operations are to be undertaken. be undertaken.

EIA at States’ LevelEIA at States’ LevelTwo States have raised the environmental Two States have raised the environmental portfolio to the ministerial levelportfolio to the ministerial level

In KhartoumIn Khartoum

The Ministry of Environment & The Ministry of Environment & Archaeological Protection Archaeological Protection (2006)(2006)The Ministry of Environment The Ministry of Environment and Water and Water Utilities (2010)Utilities (2010)

Environmental legislation in Environmental legislation in Khartoum StateKhartoum State

The Protection of Environment Law 2009, amended The Protection of Environment Law 2009, amended 20102010

Regulations and bylawsRegulations and bylaws

The Bylaws of EIA The Bylaws of EIA

EIA: Practice constraintsEIA: Practice constraints

• There is no Ministry solely dedicated to the caring of the environment.

• HCENR has, as yet, to periodically review the relevant legislations and recommendations so as to make them more effective instruments for sustainable development

• No regulations, bylaws, for EIA process• HCENR is not well funded, not well staffed

and hasn’t a clear efficient organizational structure.

• Under the Federal governance system, not all states have ministries for the environment

• EIA has not been applied on the EIA has not been applied on the many programmes, policies that have many programmes, policies that have been proposed and implemented in been proposed and implemented in the realms of education, health and the realms of education, health and housing. housing. (No ………………!)(No ………………!)

• The scope of EIA has been restricted The scope of EIA has been restricted to development projects dealing with to development projects dealing with natural resources only. natural resources only.

• Lateness of the timing of the EIA Lateness of the timing of the EIA study in regard to the sequence of study in regard to the sequence of the project cycle is the common the project cycle is the common practice in the Sudan.practice in the Sudan.

• Time allocated to the conductance of Time allocated to the conductance of EIA and submission of the EI study EIA and submission of the EI study report is very short. report is very short.

• The time allowed for executing an EIA The time allowed for executing an EIA is a reflection of the type, magnitude, is a reflection of the type, magnitude, nature and location of the proposed nature and location of the proposed project project

• With training opportunities very rare, With training opportunities very rare, there are no sufficient qualified there are no sufficient qualified experts nor are there sufficient experts nor are there sufficient academic professions in the academic professions in the universities. universities.

• What is almost totally ignored in the What is almost totally ignored in the process of EIA in the Sudan, is the process of EIA in the Sudan, is the participation of local communities. participation of local communities.

• What makes things worse is that the What makes things worse is that the EIA report is never made available to EIA report is never made available to the public.the public.

• No public hearings!!No public hearings!!

• Once an EIS is accepted, no Once an EIS is accepted, no procedures for enforcement, follow-procedures for enforcement, follow-up and monitoring, or auditing are up and monitoring, or auditing are adopted. adopted.

Is there a need to improve Is there a need to improve the status of EIA the status of EIA conductance in Sudan?conductance in Sudan?If yes, Why?

Measures to improve the EIAMeasures to improve the EIA practice in Sudan practice in Sudan

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