This is a Category A project according to IFC’s Policy on Environmental and Social Sustainability due to the diverse environmental and social risks associated with the project construction and operations.

Although the transmission line corridor was selected to minimize interferences with protected areas in coordination with the national and regional authorities, the majority of the project footprint, albeit relatively small, is within Natural Habitat with important biodiversity values that had to be considered during the design and require appropriate mitigation and monitoring. As indicated above, La Guajira is a department with a significant presence of indigenous communities and the transmission line corridor crosses significant portions of land of the Wayuu indigenous group. In addition, the corridor is included within the Línea Negra (or Zona teológica de las comunidades indígenas de la Sierra Nevada de Santa Marta), the limit of the ancestral lands and areas of interest in natural and cultural resources of the Indigenous Peoples of the Sierra Nevada de Santa Marta. As such the project has required an extensive implementation of the relevant process of prior consultation (consulta previa) as per Colombian requirements. The overall land acquisition process is significant due to the high number of properties affected (total number of affected properties is 255), including both non-ethnic and ethnic private land owners and indigenous collective lands. Other, more limited, E&S risks and issues are those associated with the construction and operations phase of any transmission line project. Construction phase labor influx is expected to be limited due to relatively limited workforce required, availability and local sourcing of a skilled workforce, and labor policies of the project.

As part of the bidding process in 2016, the Colombian Government through the UPME (Unidad de Planeación Minero Energética) prepared a preliminary study of the project area and early identification of risks (in Spanish: Análisis Área de Estudio Preliminar y Alertas Tempranas Proyecto Refuerzo Eléctrico de La Guajira: Líneas Cuestecitas – Riohacha y Riohacha – Maicao110 kV).  Subsequently, the company inquired with the competent environmental authority (Corpoguajira) whether an environmental alternative analysis (in Spanish: Diagnóstico Ambiental de Alternativas) was required. Although Corpoguajira confirmed that an alternative analysis was not required, the company carried out a comparative analysis of alternative routes for both lines based on technical and E&S criteria, including criteria relevant to minimize interferences with biodiversity and protected areas, indigenous peoples land, and private properties.

In 2017 the company commissioned its Colombian engineering consultant, Ingeniería y Diseño INGEDISA, to develop the Environmental Impact Assessment (EIA), in accordance to the relevant terms of reference prepared by Corpoguajira. The EIA documentation was finalized and submitted to the authorities in March 2018 and Corpoguajira issued the environmental license in December 2018. The EIA provides for an adequate identification of the direct and indirect areas of influence of the project, and it presents the baseline studies and impact analyses carried out for both environmental and social aspects, including a comprehensive territorial analysis along the transmission line corridors and relevant route alignment sheets, developed with the support of a detailed Geographic Information System (GIS). The GIS is available to the project team and can be interrogated to identify and map the key environmental and socio-economic attributes, including communities and social infrastructure, land use and ownership, protected areas and other features of environmental and social importance.

The EIA includes a set of E&S management programs, addressing all key mitigations identified via the assessment. The management programs are detailed and include identification of risks and impacts to be mitigated, objectives, applicability, a description of the mitigation measures, the relevant standards and guidelines where applicable, a reference to applicable procedures for stakeholder engagement and management of grievances, a monitoring mechanism with a set of performance indicators, responsibilities, timelines and expected costs. IFC considers the disclosed EIA to be fit-for-purpose for a transmission line project of this scale and character, i.e. covering all relevant E&S risks and impacts at an appropriate level of detail. 

An overarching project Environmental and Social Management Plan (ESMP) was initially issued in December 2016, outlining the applicable and relevant legislation and regulations, the responsibilities, the resources needed in terms of management, personnel and equipment, the policies, the process for the identification and management of risks and impacts, the competence and training of staff, emergency response, monitoring and review, and stakeholder engagement, including specific requirements relevant to engagement with the indigenous communities. The ESMP is aligned with IFC’s PS1 requirements. The company confirmed that EPC and O&M contractor will be contractually bound to implement those portions of the ESMP that fall within its scope of work. Consistent with the requirements of IFC’s PS1, the company has established a set of E&S policies, including an integrated Health, Safety, Security, Environment and Quality (HSSEQ) policy, a Human Resources (HR) policy, a Corporate Social Responsibility policy, a Road Safety policy, an Anti-Corruption and Anti-Bribery policy and a policy against the use of tobacco, alcohol and drugs in the workplace. The HSSEQ policy and the other policies were issued in September – October 2018.

The company will review and update the ESMP and ensure that it incorporates the company’s policies, procedures and plans including those developed during the EIA process for the project construction and operations phases to meet Colombian and IFC E&S requirements. The ESMP will be reviewed and updated by the company ahead of the operations phase (ESAP action #1).

Morelco, the main partner in the Consorcio CDEM in charge of construction and O&M, operates under a management system which is certified under ISO 9001:2008, ISO 14001:2004 and OHSAS 18001:2007. As part of the ESMP, the company will develop and implement a contractor management procedure reflecting all principles, guidelines, commitments and requirements for contractor management, to ensure proper oversight and reporting of the implementation of the mitigation measures and E&S performance. The company will retain competent external E&S professionals to carry out an external audit and monitoring program (ESAP action #2).

The company has allocated sufficient staff to E&S management ahead of construction mobilization, including an environmental coordinator and a social coordinator. The Consorcio CDEM has also established a management team, which includes an environmental manager, a land acquisition manager, a social manager and a health and safety manager. The management team has the knowledge, skills, and experience and will be able to manage risks and impacts consistent with IFC’s Performance Standards. The company will ensure that sufficient contractor resources are allocated to E&S management and supervision at all times, requiring that enough environmental, health and safety site supervisors are hired by the contractor to ensure satisfactory oversight of the entire construction labor force.

As detailed in the awareness and training plan of the EIA, the construction workers will receive training on E&S matters, occupational health and safety protection, road and driving safety, cultural heritage awareness and protection, and community engagement, including a specific induction program on intercultural relations with the communities of the project area of influence (Wayúu and Sierra Nevada de Santa Marta indigenous communities). This training will be delivered by the company and the EPC contractor. Operations and maintenance (O&M) work will be conducted largely by highly trained O&M technicians.

A Contingency Plan has been developed as part of the EIA studies. The plan includes an adequate identification and assessment of accident risks, including both risks associated with natural or external factors (e.g., earthquakes, storms, flooding, forest fires, earth movements, droughts, vandalism and crimes) and risks associated with internal factors (e.g., incidents involving the workforce, electrical risks, spills). The plan outlines all relevant elements required to prevent and control emergencies, including emergency response organization and equipment, drills, notification, investigation and reporting; it includes a set of preparedness and response programs specific to each risk identified and relevant instructions on how to inform and collaborate with the local government agencies and other relevant parties, including the local communities. 

The EIA contains three monitoring plans to cover for environmental, biological and socio-economic aspects. Each plan includes a set of monitoring programs, such as access management and enhancement, temporary work area management and rehabilitation, air emission, noise, electromagnetic (EMF) fields, waste management, water body crossings, tree and vegetation clearance and vegetative cover management, fauna, bird collision, OHS performance, land acquisition, local hiring, and a chance finds protocol, among the others. The company will require the EPC and O&M contractor to keep records of E&S performance during both the construction and operations periods. The company will summarize the results of its E&S monitoring programs and will share the results with the relevant authorities and IFC on a periodic basis.

It is estimated that the project will require around 600 workers at peak during the anticipated 9-month construction phase, of whom up to 40% will be sourced locally. All the unskilled and semi-skilled workers (up to 200 workers) will be sourced locally. Around 25 staff will be employed during the operations phase, in addition to the security personnel presence required to safeguard project infrastructure.

There will be no need for workers accommodation camps, with workers being either sourced locally or accommodated in the many suitable hotels and guest houses in Riohacha and other centers of the region.

The company has developed a Human Resources (HR) Policy and the relevant Internal Work Rules (in Spanish: Reglamento de Trabajo), compliant with the Colombian Work Code (in Spanish: Código Sustantivo del Trabajo). The HR policy includes explicit reference to protection of human rights, freedom of association, safe working environment, and prohibition of child labor. The company will complement the HR policy with a zero-tolerance policy toward discrimination and all forms of unlawful harassment, including but not limited to sexual harassment (ESAP action #3).

The company will require the EPC and O&M contractor to provide all workers – including sub-contractors – with written documentation concerning the terms and conditions of their employment, including their rights under Colombian labor regulations, as per IFC’s PS2 requirements. This shall include the grievance mechanism (in Spanish: Procedimiento Peticiones, Quejas y Reclamos (PQR) para empleados) which was developed by the company. The company will ensure that the worker grievance mechanism is implemented by the contractors to ensure that workers (including all sub-contractors) can raise any grievances and have these systematically recorded, tracked and addressed (ESAP action #4).

The project developed an occupational health and safety (OHS) management plan. Through its implementation, the company will ensure that all workers are issued with appropriate personal protective equipment, that workers are adequately trained to identify and manage the occupational health and safety (OHS) risks specific to their tasks, and that they are overseen by suitably qualified site and project supervisors. Operations and maintenance work will generally be undertaken by trained technicians familiar with the industry sector and with tasks and specific OHS risks involved with transmission line and substation operations and maintenance. The EPC and O&M contractor are required to implement site-specific OHS plans. Occupational health and safety performance will be recorded by the contractor and shared with the company, IFC and the Colombian authorities.

This power transmission project will generate relatively insignificant greenhouse gas or criteria pollutant emissions and noise emissions during the operational phase, associated almost entirely with fuel consumption by and the use of the company’s fleet of motor vehicles, and only temporary emissions of noise, dust and equipment exhaust during construction.  Notwithstanding, the company will monitor air quality and ambient noise at selected locations along the corridor and in proximity of the substations, as part of its EIA commitments.  

Water requirements will be low during construction and operations. Water will be sourced from the municipal aqueducts or other authorized supplies, such as the Empresa Avanzadas Soluciones de Acueducto y Alcantarillado S.A. E.S.P. de Riohacha y Aguas de Albania. The volumes involved are too low to impact any other water users in the broader project area.

During construction the project will not be allowed to discharge any wastewater and will deploy portable chemical toilets at the construction work areas. Wastewater and sludge will be removed by authorized contractors for off-site disposal in a licensed wastewater treatment plant. Limited volumes of non-hazardous domestic solid waste will be disposed of at a licensed municipal landfill by a certified contractor, whilst small volumes of hazardous wastes (mainly waste oils and lubricants) will be safely stored for collection by suppliers or removed by a licensed waste management contractor. The company will ensure that the EPC and O&M contractor implements the waste and wastewater management programs developed as part of the EIA, incorporating designated waste storage areas, procedures for the responsible management of solid and liquid wastes and hazardous material (including insulating oils / gases and other chemicals) and spill prevention measures for fuel and hazardous substances. Regular maintenance of the RoW to control vegetation will involve the use of mechanical methods and manual clearing; there will be no need to use herbicides.   

The project technical studies included an assessment of the electromagnetic fields (EMF) along the lines, in accordance with the national requirements (RETIE), which provide the standards for electric field intensity and magnetic field density, consistent with the relevant guidelines by the International Commission on Non-Ionizing Radiation Protection (ICNIRP, 2010). Modeling results show that the EMF values calculated meet ICNIRP’s and IFC’s guidelines for public and occupational exposures. In addition to meeting the required minimum distances between electrical lines and external receptors, a set of management actions have been defined in the relevant management program, as outlined in the EIA, for the minimization and control of radio frequency interference and electromagnetic fields for both public and occupational exposures. The conductors for the project comply with the radio frequency interference value established in the applicable national standards, both for urban areas and for rural areas and with the values of audible noise for suburban or rural zones as defined by the Ministry of Environment and Sustainable Development. During operations, the EMF will be measured along the easement and in the proximity of the substations. The measurements will be made one month after the beginning of operations of the transmission lines, at selected locations along the limit of the RoW (i.e., 10 meter or 7.5 meter distance from the centerline).

Given the relatively small construction workforce, the fact that a significant percentage of project labor requirements will be sourced locally and the relative proximity with the cities of Riohacha and Maicao and other centers of the municipality of Albania, such as Cuestecitas, it is not expected that the area will experience project-related population influx or associated social impacts.

The main community safety risk during the project construction is associated with road safety, including the transport of the components of the transmission lines and substations and heavy equipment to site. As part of the preliminary project documentation, in 2016 the company prepared a strategic road safety plan followed by a road safety manual for the project drivers. A road safety committee will be established as part of the implementation of the plan. Both plan and manual will be reviewed and updated prior to construction and the EPC contractor will complete a detailed route assessment to identify and map locations with potential community risks, and an implementation plan specifying where to install signals, deploy flagmen or adopt other measures to track project vehicle movements and ensure speed control (ESAP action #5).

Electrocution and electromagnetic interference are two of the main risks which will have to be mitigated by the company during operations. The EMF simulations carried out are within the applicable guidelines for public exposure and, as indicated under PS3, the company will measure the levels during operations as required and per EIA’s commitments. The line design ensures that any radio frequency interference effects are maintained within the safe and tolerable limits established. Appropriate hazard signs will be installed along the route and at substations. The company will implement a community awareness campaign focused on risks of electrical origin or other risks that may be generated by the presence of the lines. 

Given the project context, the company has initiated a Security Risk Assessment, which is underway. Any security-related risks related to heavy traffic and movement of personnel and equipment will be identified in the Security Risk Assessment. The company plans to use private security, from reputable security service providers, for the protection of workers, third parties and assets. There will be an agreement with the police forces of La Guajira. While none of the public forces agencies is expected to provide direct security services (i.e. security personnel or equipment) at the project site, the police of La Guajira is available if need to respond to physical security risks in their general public safety role. Based on the outcomes of the risk assessment, the company, in coordination with the police forces of La Guajira, will prepare and implement a Security Management Plan (ESAP item #6). The plan will include the company’s code for security personnel and will ensure that past records of security personnel employed are screened; security personnel have clear objectives and permissible actions laid out; security personnel are trained in avoidance of human rights violations and handling various situations with clear procedures; security incidents are recorded, investigated and corrective action implemented; complaints against security personnel are investigated and disciplinary actions implemented; rules of engagement with public forces are clearly defined; and there is a grievance mechanism for members of community or employees, in the event of a violation of the code by security personnel.

The proposed transmission lines will cross an area of dry and very dry shrub and forest vegetation communities. The landscape is fragmented and degraded by human land uses such as timber extraction and small pastures. The project area includes two protected areas, the Regional Integrated Management Districts (no IUCN category) of Cuenca Baja del Rio Rancheria and Delta del Rio Rancheria. It also crosses the buffer and transition zones of the Biosphere Reserve Sierra Nevada de Santa Marta. Although the origin point of the transmission lines is within the map boundaries of the Complejo de Humedales Costeros de la Guajira Important Bird Area, it is in fact an urban zone.

The project EIA lists several species with possible distribution in the project areas that could theoretically qualify it as Critical Habitat, including Lepidoblepharis miyatai (Colombian dwarf gecko), a range-restricted species that is listed by IUCN as Critically Endangered at a global level, Tapirus terrestris (tapir) that is listed as Critically Endangered nationally and vulnerable globally by IUCN, and Ateles hybridus (variegated or brown spider monkey) that is listed as Critically Endangered nationally as well as globally by IUCN. However, IUCN distribution maps for these species do not extend into the project area. Furthermore, the paucity of well-conserved forest habitat in the area suggests that tapir and primates would not be supported. Therefore, the project area remains categorized as Natural Habitat.  Additionally, although no avian species of concern have been identified in the project area of influence, transmission lines may pose collision and electrocution risk for birds.

Impacts of the project include a 21.12 ha physical footprint for the construction of towers and poles, for which 15.16 ha consist of natural habitat that will be removed. The project EIA estimates that the footprint will not result in an ecologically material increase in habitat fragmentation. According to the EIA, there will not be a need to remove vegetation for the clearing and maintenance of the RoW as the transmission line has been designed to be at a height that avoids the need for clearance and vegetation management during operations. The nature of the project impacts should not influence the provision of ecosystem services.

The regulatory body Corporacio´n Auto´noma Regional (Corpoguajira) is the key stakeholder involved in the approval of this project’s EIA and management plans, including the protection of the Regional Integrated Management Districts and the buffer and transition zones of the Biosphere Reserve Sierra Nevada de Santa Marta intersected by the project. As already identified in PS1, based on its review of the project EIA, Corpoguajira has issued an Environmental License that includes provisions for the protection of biodiversity and protected areas.

Core mitigation for biodiversity impacts will include: avoidance of tower placements within, and aerial installation of power lines over, the Regional Integrated Management Districts, increased line height in areas of forest cover to prevent fire, installation of avian flight diverters and anti-electrocution devices over areas of natural habitat, measures to rehabilitate and translocate injured or immobile wildlife during construction, and a biodiversity offset. Biodiversity management programs include Management of Vegetative Cover, Management of Intersections with Regional Integrated Management Districts of Cuenca Baja del Rio Rancheria and Delta del Rio Rancheria, Management of Fauna, and Management of Avian Collisions. In August 2018 the Ministry of Environment and Sustainable Development has granted a regulatory variance to allow for the removal of some vegetation species in the project area.

The EIA includes a framework Compensation Plan which presents an analysis of regulatory biodiversity compensation requirements, which will include the rehabilitation and/or conservation of 102 ha of ecologically equivalent or higher conservation priority habitat. Corpoguajira requires the submission of a final Compensation Plan, which IFC will also review to confirm that it meets its biodiversity offset requirements for no net loss of natural habitat (ESAP action #7). Of particular importance in the design will be ensuring the legal protection of the offset site and its long-term management. The Compensation Plan will include additional actions that promote and enhance the conservation objectives of the Regional Integrated Management Districts of Cuenca Baja del Rio Rancheria and Delta del Rio Rancheria, and the Biosphere Reserve Sierra Nevada de Santa Marta, per input and consent of Corpoguajira.

Elecnorte has provided evidences of their engagements with project-affected IP communities, supporting the conclusion that free, prior and informed consent (FPIC) and the process of “prior consultation” (consulta previa) have been achieved for all relevant aspects of project design, implementation, and expected outcomes. This conclusion is based on assessment of the consultation methodology designed and implemented with the participation of affected IPs, and evidence of agreements reached. The following paragraphs describe the key actions Elecnorte implemented to reach these FPIC agreements.

In October 2015, the company submitted the proposed coordinates for the project to Colombia’s Director of Prior Consultation (Director de Consulta Previa) at the Ministry of the Interior. In November of the same year, this office certified that the presence of indigenous communities in the project area of influence and identified that the proposed alignment would cross the lands and natural resources subject to traditional ownership or customary use by 170 Wayuu Indigenous Communities, six Afro-Colombian Community Councils, and four Indigenous Peoples (IP) groups from the Sierra Nevada de Santa Marta (Certification No. 1656 of 20 November 2015). This certification required Elecnorte to carry out a prior consultation (consulta previa) process with these communities in accordance with national legislation. Successful completion of this prior consultation process is also a regulatory requirement for approval of the project’s environmental licence. Consulta previa is consistent with IFC’s own standard of FPIC. 

As part of their broader stakeholder engagement efforts defined in the above mentioned ESMP the company hired a team of local experts and translators who worked with local representatives, traditional leaders, and national authorities to design and implement specific consultation methodologies appropriate to the characteristics and preferences of each IP community. The company consultation team also worked closely with their RoW acquisition and engineering teams to coordinate site visits and ensure transparent dialog among all interested parties. In several cases, these efforts involved documenting property interests and traditional resource use in support of new formal collective IP titling initiatives.

The resulting consultation process was guided by principles of intercultural respect, good faith negotiations, flexible timeframes, no coercion or pre-conditions, and early and constant engagement. This resulted in a pre-consultation phase to agree on participants, format, and content, followed by consultations to agree on impacts, mitigations, timelines for pending approvals, start of construction and benefits - including local recruitment, support for resolution of internal conflicts and grievances, cultural sensitivity training, in kind compensation for direct impacts on crops and other improvements, and community development initiatives. The outcomes of each of these steps was recorded and the relevant agreements signed by all participants. Since the onset of the process, the company consultations team has carried out frequent follow-up visits for implementation and monitoring of these agreements. Crucially, these agreements – in all 170 with the Wayuu Indigenous Communities, six with Afro-Colombian Community Councils, and four with the Indigenous Peoples from the Sierra Nevada de Santa Marta - ensure that construction of the project can proceed with minimal disruption for Indigenous Peoples land use and cultural practices, and no physical displacement or resettlement.  

As part of the EIA process, Elecnorte contracted a team of qualified archeologists to assess potential impacts on cultural heritage. This study included literature reviews, interviews with key informants and local communities, and test plot excavations along the proposed alignment. This report concluded that the project area was historically used, mostly during the rainy season, by small family groups of hunter-gatherers primarily interested in marine resources and quality soils. Based on these findings, the company prepared an archeological management plan that calls for: i) preventive archaeological excavations next to several tower sites; ii) implementation of a chance finds procedure everywhere earthworks could affect surface and/or subsurface cultural heritage; and iii) training of staff and local communities on the objectives and mitigations included in the archeological management plan. In November 2018 the Colombian Institute of Anthropology and History officially approved this plan with no additional amendments or revisions, and the company will implement the plan during the construction phase.  IFC considers this plan to be appropriate for nature and scope of this project, and consistent with PS8. 

Elecnorte recognizes that stakeholder engagement is fundamental to establish constructive relationships necessary for the successful management of environmental and social impacts of the project. For this reason, they designed a stakeholder engagement process that included analysis and planning, disclosure and participation, grievance redress, and ongoing monitoring and reporting to affected communities. The company also maintains a public information office in Riohacha accessible to all interested actors. The consultation activities with Indigenous Peoples described above were conceived and implemented in this same spirit of adaptation to the characteristics and interests of affected communities. The same social manager was responsible for both sets of consultations with indigenous and non-indigenous communities, assisted by coordinators, promoters and translators, as needed. The main engagements with non-indigenous stakeholders, including government officials, NGOs, community leaders, and colleges, occurred during the Environmental Impact Assessment process and it is still ongoing as part of the RoW negotiations. Formal engagement activities included presenting the EIA findings at public hearings, as well as 19 on-site group interviews with community members from towns along the path of the alignment between April and May 2017. The main types of comments received during the consultation and on-going engagement process include deforestation, jobs, compensation for damages, road safety, among others. As in the case of consultations with IPs, the company documents this process and reports to interested actors about how their concerns have been addressed.

Elecnorte solicits and responds to questions, grievances, and suggestions according to the process described in their grievance redress mechanism (Procedimiento Peticiones, Quejas, Reclamos y Sugerencias (PQRS). This includes in person requests, in writing (email or paper letter), or by telephone. Depending on the nature of the communication received, the company channels items received to the appropriate area manager for reply. Company officials have up to 15 days to respond. At the time of IFC review in December 2018, the company reported having received a total of 41 grievances to date. The types of grievances include requests to measure distances between the proposed alignment and personal property, questions about the legal process required to formalize easements, and challenges to the representativity of certain traditional authorities. All but one of these cases were successfully resolved. The only unresolved case involves an ancestral land ownership dispute between two Wayuu IP clans. As part of their ongoing consultations with Indigenous Peoples, the company continues to engage with both parties in support of a consensus solution.

Contact Person: Alejandro Páez R

Company Name: Elecnorte S.A.S. E.S.P.

Address: Carrera 7 No. 114 - 33 Of. 704, Bogotá, Colombia

Email: info@elecnorte.com

Phone: +57-1-6403295

Facsimile: +57-1-6403295