All project sites are located in peri-urban areas. Both Bunia and Kindu sites are located 5 and 3.5 km from their city centres respectively, in areas with small-scale agriculture and residential land uses. The Goma II site is located approximately 14 km from the city centre, 400 m from the shores of Lake Kivu. Small scale agriculture is the primary land use of the surrounding area. Based on the site location and observations during the ESDD, no risks or impacts envisaged under PS6 (Biodiversity Conservation and Sustainable Management of Living Natural Resources) are expected.

The ESDD had highlighted the presence of Mbuti people, one of the African Pygmy tribes, around the Goma II site, who are considered indigenous people by the International Work Group for Indigenous Affairs (IWGIA) in the Great Lakes region covering Rwanda, Burundi and DRC. During the ESDD, discussions were held with the Chef de Quartier who noted that the Mbuti who reside in the Goma-Bulengo region are originally from the area, having resettled in Bulengo reportedly from the Kalehe region due to the conflict there in 2005. The ESDD notes that subsequent consultation carried out by Nuru with the Mbuti people confirmed that they are originally from Kalehe region.

To further assess if any of the project affected peoples (PAPs) were Indigenous Peoples (IPs) as per PS7 (Indigenous Peoples) requirements, a survey was commissioned by Nuru through an external consultant with expertise in resettlement as per IFC PSs and Alerte Congolaise pour l´Environnement et les Droits de l´Homme (ACEDH), an NGO working on environment and human rights in DRC. As part of this process (completed in May 2022), the consultant and ACEDH consulted with local village chiefs, other NGOs working in the area -  including CIDOPY (Pygmy Information and Documentation Center (www.cidopy.org) – and Mbuti people residing in the area to understand why they relocated to  the Goma- Bulengo area. It was confirmed that this group did in fact move to the area due to conflict in their home region. On their arrival, they were supported by an NGO called Foundation Pygmy Kleinood, for fishing activities on Lake Kivu and market gardening. Their fishing activities are approved by the North Kivu provincial government - approval documentation available on request.  As per the consultation, it was confirmed that they do not typically practise agriculture as part of their livelihood activities, and were not identified as any of the affected people using the land affected by the PV site. Therefore, PS7 (Indigenous Peoples) is not applicable.

Also, no impacts are expected as envisaged under PS8 (Cultural Heritage). In the event that issues anticipated by the PSs, deemed non-applicable at this stage, arise for identified projects and for any future projects, Nuru will screen and assess these issues against applicable PSs requirements through its planned E&S management systems, as discussed in PS1.                                                   

This is a Category B project according to IFC’s Policy on Environmental and Social Sustainability because the project is expected to have limited environmental and social impacts which are expected to be site-specific and can be avoided or mitigated by adhering to recognized performance standards, procedures, guidelines and design.

The key E&S issues associated with the project include: (a) development and implementation of E&S management systems including adequate E&S screening of any proposed projects in line with IFC PSs; (b)   company's capacity and systems to manage construction and operations in line with IFC PSs and World Bank Group (WBG) Environment, Health and Safety (EHS) Guidelines; (c) assurance of fair, safe and healthy labor and working conditions for all employees and contractors; (d) construction phase E&S impacts related to occupational health and safety (OHS), contractor E&S management, community safety and waste management; (e) operation phase impacts related to water supply, OHS and waste management especially of broken solar panels; (e) supply chain requirements for sourcing of panels; (f) economic displacement and livelihood restoration; and (g) stakeholder engagement and community grievance mechanism.                                             

Environmental and Social Impact Assessment (ESIA): To ensure compliance with national legal requirements, Nuru has completed ESIA studies for the Goma II project (June 2020), Bunia project (December 2020) and Kindu project (March 2021). Separate ESIAs have been completed for the transmission and distribution network of these projects. The ESIAs are of adequate quality to meet the national legal requirements and do not identify any significant E&S impacts; most of the impacts are considered to be low in significance. E&S Management Plans (ESMPs) addressing the prevention and mitigation measures applicable to risks and impacts have also been included in the ESIAs. As per ESAP (#1), Nuru will ensure that ESMP is included in the agreement signed with the EPC contractors will prepare a site-specific ESMP in line with IFC PSs and WBG EHS Guidelines for the respective sites.

For future projects, Nuru, through its policies and ESMS (under development) has committed to conduct a systematic assessment of E&S risks and integrate in its decision-making processes. For any greenfield projects, ESIAs in line with IFC PSs will need to be conducted whereas for any brownfield assets, ESDDs will need to be conducted in line with IFC PSs. These procedures will be defined further under the ESMS being developed as per ESAP (#2), as discussed below.

E&S policy and management systems: Nuru has documented policies on environment and social, human resources and occupation, health and safety policies. Through its policies, Nuru has committed to comply with the legal requirements, requirements of IFC as well as the International Labor Organization conventions. The policies include commitments on climate and biodiversity, social policy, employees (occupational, health and safety and working conditions), indigenous peoples and community health, safety and resources. The company has also committed to stakeholder engagement, grievance management, and disclosure of E&S information.

In line with its commitment to other lenders/investors and with support from an external consultant as part of technical assistance from one of the investors, Nuru has developed a corporate E&S management system (ESMS), which will cover all its operations. This ESMS has been further strengthened and improved. The ESMS has been reviewed by Nuru and is under implementation.

The ESMS includes policy and procedures for all relevant aspects including the following aspects which meet IFC PSs requirements: (a) E&S risk assessment procedures (b) construction and operation specific environmental and social management plans (ESMPs); (c) environmental management procedures (e.g. waste management, pollution prevention) (d) OHS management procedures (e.g. use of protective equipment, work permit system), accident reporting and investigation); (e) emergency response plans; (f) monitoring, review and reporting; (g) E&S training; and (h) stakeholder engagement and community grievance mechanism. The ESMS will be implemented for all projects including the existing projects.  As per ESAP (#2), the ESMS will include procedures on security management, traffic management, land acquisition for new projects (including transmission and distribution infrastructure). Also, the company will ensure that its ESMS is implemented in line with Good International Industry Practice (GIIP).  

As part of the selection process of the EPC, the company does incorporate key E&S requirements in the documents for bidders including:

?       Code of conduct, which covers requirements on social, OHS and human resource requirements.

?       Past E&S performance declaration.

?       Forced labor declaration (to confirm no use of forced labor by their contractors/sub-contractors/suppliers and manufacturers).

?       E&S Compliance Requirements, which covers E&S training for staff, labor law compliance for wages, protection of environment, pollution prevention, management of hazardous materials safety and welfare facilities for workers, compliance requirements on sourcing of panels.

Therefore, E&S performance evaluation is one of the criteria for their selection.

E&S Organization Capacity: Nuru has a corporate ESMS coordinator who is responsible for leading Nuru’s effort to develop and update the ESMS (procedures, tools & matrices) as well as for facilitating communication with senior management on E&S matters. Also, considering the key risks associated with proposed projects, Nuru has recruited an OHS officer as part of the corporate team and is in the process of recruiting community liaison officers (CLOs) for all project sites. The CLO for Goma has been recruited. As per the ESAP#3, CLOs for Bunia and Kindu will also be recruited. The CLOs will undertake stakeholder engagement activities as well as support implementation of livelihood restoration plans (LRPs).    

Additionally, at all projects, EPC contractors will be contractually required to have a qualified EHS person on-site with appropriate qualification and experience. For operations, Nuru will have its on-site EHS staff.

Emergency preparedness and response: Nuru had an emergency response plan in place at the time of the ESDD.  This emergency response plan (ERP) has been further improved as part of the development of the ESMS. The ERP includes procedures for the immediate response for potential emergencies, preventive measures for emergency preparedness. As per ESAP (#2), site-specific ERPs will be prepared for both construction and operation phases of the projects. The EPC and O&M contractors will be required to have an evacuation plan in coordination with a local hospital for emergency cases. Also, regular training and mock drills will be conducted for operational phase emergency planning. Required number of fire extinguishers will be provided during both construction and operation. Also, fire buckets and automatic fire detection systems will be made available at the entire PV array area, inverter stations, main control room and switchyard during operation.

Monitoring and review: As per the ESDD, monthly inspections are conducted by the ESMS coordinator, which are then consolidated into quarterly reports. Improvements were noted in defining criteria of inspection and coordinated monitoring of contractors. As part of the ESMS, specific monitoring, review and reporting procedures have been developed including for contractors and subcontractors. As per the procedure, each site/project health and safety officer is expected to report data relating to the performance indicators of the specific site to the NURU E&S coordinator. The dashboard developed for this purpose includes environmental, HR and OHS key performance indicators (KPIs). The E&S coordinator will compile a consolidated E&S and HR performance dashboard and report to the General Management (CEO) in particular for the NURU Management Committee. The procedures also specify the audits of sites.

Supply Chain: Nuru has a documented procurement policy. The policy specifically mentions that any supplier or contractor in the supply chain that may have made use of any form of forced or compulsory labour and or harmful child labour will be considered disqualified for bidding or submitting proposals or removed from suppliers’ list. Also, as part of its HR policy, Nuru has committed to monitoring child labor, forced labor and worker safety in the supply chain.

Purchasing of solar modules will be in the scope of the EPC contractors (which is still in the process of selection). This purchase will be on a project-by-project basis based on the capacity of the project. The current pipeline will need approximately 14 MW of modules. All EPC contractors will sign fraud and corruption declarations. As per the ESAP#4, Nuru will keep a complete list of module components and sub-components supplied by the EPC for the project.  Also, the company will include the following requirements in the contract signed with the EPC: (a) to obtain representation from the module supplier(s) that their sub-suppliers do not engage in unacceptable labor practices and comply with similar international performance standards as the module suppliers; (b) termination of the purchase contract if either the module supplier or its sub-suppliers are found to be in breach of the labor representations; (c) removal of the module supplier by the EPC and Nuru from all its future solar module tenders, if there is a breach of the labor representations; and (d) use best efforts to provide a supply chain map of its or the solar suppliers and/or comply with any internationally-recognized traceability protocol as feasible which at such time reflects good international industry practice.                                                  

Currently, Nuru has a workforce of 87 employees including 20 women employees. During construction, the number of workers is expected to be 40 at Goma II and Kindu and 110 at the Bunia site. During operations, each plant will require about 5 to 10 full-time employees.

Human Resources (HR) Policies and Procedures: As mentioned under PS1, Nuru has a documented HR policy, under which, the company has made commitment to comply with national legal requirements, IFC PSs and ILO conventions. Also, the policy has specific commitments in line with IFC PS2 requirements on reasonable working conditions, non-discrimination, freedom of association, prevention of child and forced labor and implementation of a grievance mechanism.

To ensure implementation of these policies, Nuru has developed an HR policy and procedure manual  (referred to as “HR Manual”). The HR Manual has been developed in line with the national laws of DRC as well as HR policy requirements. The manual covers Nuru’s policies on various operational matters including hiring, general work conditions (hours of work, overtime/holiday work), leaves, remuneration and allowances, duties, workplace accidents/deaths, disciplinary procedures and resignation. The manual also includes procedures on grievance management (including any harassment related complaints), union rights and employee representation. Nuru conducts employee engagement sessions to share information on HR policies. As per ESAP #5, The HR policy and manual will be communicated to all employees through appropriate means e.g. emails, hard copies and/or awareness sessions.

In case Nuru decides to hire employees through third parties (like labor agencies), the same policies will be included in the contracts signed with such agencies. As Nuru proposes to hire construction and operation workforce locally, Nuru will ensure that hiring companies will comply with the legal and PS2 requirements during the recruitment process.

Non-discrimination: As mentioned above, Nuru has documented commitments under its HR policy on non-discrimination, equal opportunity and non-violence (i.e. prevention of harassment). It also has specific commitments on prevention of gender-based violence.

The HR manual includes a procedure on registration and investigation of harassment related complaints which covers all forms of harassment including sexual harassment. It also includes provisions of confidentiality of complainants.

Prevention of child and forced labor: No child or forced labor is used by the company. The HR policy has specific commitments on prevention of child and forced labor.

Freedom of Association: Currently, Nuru employees are not part of any trade union. As per the ESDD, the Ministry of Labor has held one meeting with employees to engage them on the benefits of joining a trade union and Nuru is reportedly working with the Ministry of Labor to encourage employees to join a trade union. Also, as mentioned above, Nuru has specific commitments on freedom of association i.e. respect workers' rights to form, join and join workers' organizations and trade unions without interference.

Workers’ Accommodation: No labor camp is proposed under the project as the majority of the construction workers are expected to be hired locally. Houses will be rented in the local area for management personnel.

Grievance Mechanism: Nuru has placed grievance/complaint boxes for employees to share complaints and concerns with the management. Also, for employees, who are working on-site, a dedicated email address has been created to collect any grievances. Additionally, the employees can raise grievances through their immediate supervisors and HR coordinators. A grievance redressal mechanism (GRM) has been finalised with the development of Nuru’s ESMS and is operational. Currently, the GRM does not include assurances that the grievances can be logged confidentially as well as without fear of retaliation. As per the ESAP#5, Nuru will include provision of confidentiality and prevention of retaliation in the GRM and ensure communication of GRM as part of the communication of HR policies mentioned above. Specific Grievance mechanism will also be developed to cover sexual harassment or other harassment complaints with clear process of investigation, confidentiality and gender sensitive support for the aggrieved.

Occupational, health and safety (OHS) and third-party workers: Key OHS risks for a PV project include slips and falls, potential hazards from on-site moving machinery, heavy load lifting, exposure to electric shocks and burns safety issues related to PV module assembly.

Nuru has developed an occupational health, safety and environment (OHSE) plan for construction. The OHSE plan expects the contractors to be responsible for implementation of safety programs and execution of their safety plans for protection of workers. The plan requires completion of statement of works, risk assessment of all activities and preparation of method statements. Also, the plan requires safety induction, regular safety training, formation of health and safety committees, regular site inspections and audits, and site security arrangements. Finally, the OHSS plan covers measures for mitigating environmental impacts from noise and vibrations, emissions and discharges, fuel, chemical and waste management.

The OHSE plan needs improvement and further strengthening. It did not clearly define roles and responsibilities and does not include procedures on key aspects like accident-incident investigation, regular monitoring and reporting. The OHSE plan also needed to include the ESMPs of the sites. Further, a similar plan will need to be prepared for the operations phase. Therefore, as per ESAP(#2) and ESMS development, construction and operation specific OHSE plans will be prepared for each of the sites. The OHSE plans will also define frequency and methods of monitoring by Nuru and contractors’ staff. These procedures shall also define reporting structure for the EPC contractors including key performance indicators like incident-accident-near misses, EHS training, legal compliance visits, inspection and audit results, personal protective equipment compliance, water consumption, waste management and emergency response. These plans will be included in the contracts signed with the EPC or any operation phase contractors. Implementation of site-specific ESMP will also be part of implementation of the OHSE plans.                                    

Resource Efficiency – Greenhouse Gases (GHGs): Power for the construction phase of projects will be through diesel generator (DG) sets. For the operations phase, power will be through the auxiliary generation of the plant. Also, DG sets will be provided for power back-up. As DG set use will be only for a limited period during construction and only in case of power outage during night, no significant impacts are expected on air quality during operation. Although the quantities of emissions have not been calculated, being a solar project, this will help in avoidance of GHG emissions and therefore, overall, GHG emissions are expected to be low and significantly less than 25,000 tonnes CO2 equivalent (tCO2eq/year). 

Air Quality:  For the construction phase, dust control measures have been included in the ESMP, e.g., wet dust suppression, storage of construction materials away from the boundary, covering the construction materials, limiting the speed of vehicles etc. Also, dust monitoring has been included in the ESMP. As per ESAP(#1), these ESMPs will be included in the site-specific ESMP and contracts signed with the contractors.

Solid and Hazardous Waste Management: During construction, the main waste streams generated would typically be metal, wood, packaging materials, damaged panels, and other non-hazardous construction related waste. Also, minor volumes of hazardous materials like waste/residual paint, oil/paint-soaked rags/material and empty oil/paint/chemical drum/barrels may be generated. During operation, the key waste streams will typically be metal and paper waste, used oil and filters (from DG sets), and used lithium ion batteries (after a few years of operation).  

As part of ESMS development, a specific waste management plan has been prepared. The plan  includes  procedures on waste minimization, storage, handling and disposal methods for potential waste streams both during construction and operation phases of the projects. All waste will be transported and disposed of through authorized agencies.

Hazardous Materials Management: Diesel, lubricating oil and transformer oils will be the key hazardous materials stored on-site. As part of ESMS development, a hazardous materials management plan has been prepared, which include storage and handling guidelines for these materials including provision of storage in areas with secondary containment, training of workers, provision of labelling and spill control.

Water and Wastewater Management: The water supply for the existing sites is from municipal connections. For Goma II, the company is expecting to arrange water supply from a private supplier whereas for Bunia and Kindu, water will be sourced from on-site borewells for both construction and operation. The company will obtain required permits for these sources before the start of their use. The expected water consumption during construction and operation would be  4000  m3 (total) and 867 m3/year, respectively for the proposed projects. 

The wastewater generation during the construction and operation will mainly be from sanitary facilities. Septic tanks will be provided on the sites for disposal of wastewater. Wastewater from construction activities may also include stormwater run-off over potentially contaminated areas (e.g., concrete batching/ mixing areas and equipment storing areas). Nuru has developed an effluents management plan as part of the ESMS.                                                    

The proposed sites for the Goma II, Bunia and Kindu projects are located in peri-urban areas and there are residential settlements near these sites. All sites are accessible through unpaved roads.

Construction related impacts: The construction period for all projects is expected to be between four and six months. Since no worker accommodation camps are expected to be established and the construction workers are expected to be sourced from local communities, no significant worker influx is expected. However, there can be construction related impacts due to traffic, dust and noise. To avoid or minimise the impacts associated with construction, the company and its contractors will implement identified measures in the ESMP and OHSE Plans. Both these will be included in the contracts signed with the EPC contractors. Also, a specific community health and safety plans and traffic management plans will be developed as part of the ESMS which will define the anticipated risks and implementation of appropriate mitigation measures (ESAP#2).

Security management: The company has typically hired unarmed private security guards through an external security agency and this is expected to be the case for all new projects. The agency is also supported by a few armed officers from Congo National Police (on the request of the security company).

As per the ESAP(#2) and as part of ESMS development, Nuru will develop a specific security management plan which would include code of conduct and clear guidelines on use of force as well as processes on background checks of the guards and MOUs with public security clear division and understanding of roles and responsibilities. The plan will be contractually binding for the private security agency and communicated to the security guards as part of the induction, as well as refresher training. In addition, the community grievance mechanism (discussed under stakeholder engagement) will also allow for complaints related to security forces.                                                   

As part of its ESMS, Nuru has developed basic policies and procedures on stakeholder engagementand grievance mechanism. The company has committed to (a) identify people and/or communities that are or could be affected by the project, as well as other interested parties; (b) ensure that such stakeholders are appropriately engaged through a sustained public participation process comprising both information disclosure and meaningful consultation; (c) maintain a constructive relationship with stakeholders on an ongoing basis through meaningful engagement throughout the planning, implementation, monitoring and decommissioning phases of the project. Also, Nuru has developed a community grievance mechanism which includes a community grievance form. The community liaison officers (proposed for recruitment) will be responsible for stakeholder engagement and community grievance redressal.

Lastly, as part of further analysis of social risks and impacts specifically related livelihood losses, Nuru will include engagement with affected people as part of development and implementation of the livelihood restoration plan (LRP) in line with IFC PSs requirements (ESAP#4).                                                   

The company will disclose this ESRS and the ESAP at the following addresses:

• Corporate Office: 2nd Floor, The Axis, 26 Cybercity, 72201, Ebène, Mauritius

• Goma 2 – Bulengo, Q / lac Vert, Cellule de Bulengo, Avenue de l’éruption, Commune de Goma, Ville Goma, Nord-Kivu, R.D. Congo;
• Kindu – Avenue Kaskito, Bloc Lwama, Quartier Lwama, Commune Kasuku, ville de Kindu, Province de Maniema, R.D. Congo;
• Bunia – Mont Bedu, village Kasongo, Groupement Bedo Ezekere, territoire de Djugu, province de l’Ituri, R.D Congo.

Any queries and/or comments about the project may be directed to: Jonathan Shaw, 25 Avenue du Lac, Kyeshero, Goma, Nord Kivu, RDC, +254 799 873036, j.shaw@nuru.cd