Gaza Central Desalination Program: Associated Works Phase 1 Resettlement Action Plan (RAP) Report July 25, 2019 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table of Content List of Figures ............................................................................................................................................... III List of Tables ................................................................................................................................................ III List of Annexes ............................................................................................................................................. III Glossary of Terms......................................................................................................................................... IV Abbreviations and Acronyms ....................................................................................................................... VI Executive Summary....................................................................................................................................... 1 1. Introduction .............................................................................................................................................. 8 1.1. Project Background ............................................................................................................................ 8 1.2. Project Objectives and Overview ....................................................................................................... 8 1.3. Project Components .......................................................................................................................... 9 1.3.1. Southern Carrier and Transmission Lines ................................................................................. 11 1.3.2. Mekorot Supply and Distribution Lines .................................................................................... 11 1.3.3. Downstream Distribution Networks ......................................................................................... 12 1.3.4. Supply lines from Wells to Reservoirs....................................................................................... 12 1.3.5. Main Pumping Station............................................................................................................... 13 1.3.6. Rafah Booster Station (S-01) ..................................................................................................... 13 1.3.7. Reservoirs.................................................................................................................................. 13 1.4. RAP Scope and Objectives................................................................................................................ 16 2. Resettlement Impacts ............................................................................................................................. 17 2.1. Projects Impacts ............................................................................................................................... 17 2.1.1. Temporary Loss of Livelihood due to the Construction of Pipelines ........................................ 17 2.1.2. Permanent Loss of Land due to the Construction of Reservoirs and pumping station ............ 18 2.2. Socio-economic Baseline Characteristics ......................................................................................... 20 2.2.1. Socio-economic Characteristics for PAPs in Khanyounis Market ............................................. 20 2.2.1. Socio-economic Characteristics for Private Lands PAPs ........................................................... 25 3. Policy and Legal Framework ................................................................................................................... 26 3.1. World Bank OP 4.12 ......................................................................................................................... 26 3.1.1. Policy Objectives ....................................................................................................................... 26 3.1.2. Covered Impacts and Eligibility Criteria .................................................................................... 26 3.2. Palestinian policy and legal framework for land acquisition ........................................................... 27 3.2.1. Land Acquisition Law3/2011 ..................................................................................................... 27 3.2.2. Division Projects, Decree of the Council of Ministries No. 1 of year 2016 ............................... 27 3.2.3. Legal procedures adopted for land acquisition ........................................................................ 28 3.3. Gaps between the Palestinian legislations and the WB safeguard OP 4.12 .................................... 29 Page | I Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 4. Audit of the Allocated Lands before the Preparation of this RAP .......................................................... 32 5. Resettlement Action Plan ....................................................................................................................... 37 5.1. Eligibility Criteria, Valuation and Compensation ............................................................................. 37 5.1.1 Eligibility Criteria and Entitlement Matrix.................................................................................. 37 5.1.2 Methodology of Assets Valuation and the Compensation ........................................................ 41 5.1.3 Arrangement for Delivery of Compensation.............................................................................. 41 5.2. Consultation, Disclosure and Grievance Procedures ....................................................................... 43 5.2.1. Stakeholders Identification ....................................................................................................... 43 5.2.2. Stakeholders Engagement and Consultation ............................................................................ 43 5.2.3. RAP Disclosure .......................................................................................................................... 51 5.2.4. Grievance Procedures ............................................................................................................... 51 5.3. Monitoring and Evaluation (M&E) ................................................................................................... 55 5.3.1. Monitoring ................................................................................................................................ 55 5.3.2. Evaluation ................................................................................................................................. 56 5.4. Institutional Arrangements and Capacity Building .......................................................................... 57 5.4.1. Institutional Arrangements ....................................................................................................... 57 5.4.2. Capacity Building ....................................................................................................................... 59 5.5. Cost, Budget, and Implementation Schedule .................................................................................. 61 5.5.1. Cost and Budget ........................................................................................................................ 61 5.5.2 RAP Implementation Schedule .................................................................................................. 61 6. Associated Facilities Auditing .................................................................................................................. 64 6.1. Data Collection ................................................................................................................................. 64 6.2. Consultation with PAPs .................................................................................................................... 66 6.3. Conclusion ........................................................................................................................................ 66 Page | II Gaza Central Desalination Program: Associated Works Phase 1 RAP Report List of Figures Figure 1-1: General Layout of the Components under the Four Packages................................................. 10 Figure 1-2: Location of Khanyounis Market with regards to the South Carrier.......................................... 11 Figure 1-3: Photos for Mekorot Pipelines Routes in: a) the Middle Area, and b) Khanyounis ................... 12 Figure 1-4: Photos for Proposed Distribution Pipelines Routes in the Middle and the Southern Governorates .............................................................................................................................................. 12 Figure 1-5: Photos for Proposed Supply Lines Routes in the Middle and the Southern Governorates ..... 13 Figure 2-1: Distribution of the Stalls Owners in Khanyounis Market by Place of Residence...................... 22 Figure 2-2: Distribution of the Shops Owners in Khanyounis Market by Place of Residence .................... 22 Figure 2-3: Distribution of the Stalls by their Type ..................................................................................... 23 Figure 2-4: Distribution of the Shops by their Type .................................................................................... 23 Figure 2-5: Distribution of Average Daily Income in Stalls.......................................................................... 24 Figure 2-6: Distribution of Average Daily Income in Shops ........................................................................ 24 Figure 5-1: Photos during the Questionnaire Survey in Khanyounis Market ............................................. 44 Figure 5-2: Photos during the Interviews with PAPs in Khanyounis Market .............................................. 45 Figure 5-3: Grievance Redress Mechanism for the Project ....................................................................... 54 Figure 6-1: Land Allocation Document for the South STLV (PLA, 2012) ..................................................... 64 Figure 6-2: Land Allocation Document for Deir Al Balah STLV (Ministry of Housing, 2000)....................... 65 List of Tables Table 1-1: Proposed Reservoirs Locations and Land Use and Status ......................................................... 14 Table 2-1: Distribution of the PAPs in Khanyounis Market by Age Categories........................................... 20 Table 2-2: Distribution of the PAPs in Khanyounis Market by Sex ............................................................. 21 Table 2-3: Distribution of the PAPs in Khanyounis Market by Educational Status ..................................... 21 Table 3-1: Gaps between the Palestinian Legislations and the WB safeguards ......................................... 30 Table 4-1: Auditing of Land Acquirement Procedures for Municipal lands (Group 2) and Governmental lands (Group 3) ........................................................................................................................................... 33 Table 5-1: Entitlement Matrix ..................................................................................................................... 38 Table 5-2: Assets Valuation Mechanism ..................................................................................................... 41 Table 5-3: Summary of the Key Stakeholders Meetings and Outcomes .................................................... 48 Table 5-4: Institutional Responsibilities for RAP Implementation .............................................................. 57 Table 5-5: Proposed Capacity Building Activities ........................................................................................ 59 Table 5-6: RAP Budget Estimate ................................................................................................................. 61 Table 5-7: RAP Implementation Schedule ................................................................................................. 63 List of Annexes Annex 1: Location Map and Photos from the Project Sites Annex 2: Socio-economic Survey Annex 3: Lands Documents Annex 4: RAP Budget Breakdown Annex 5: Consultation Activities Annex 6: Auditing of Associated Facilities Page | III Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Glossary of Terms Non-technical Terms Associated Facilities: Facilities that are not funded as part of the project (funding may be provided separately by a client or a third party including the government), and whose viability and existence depend exclusively on the project and whose goods or services are essential for the successful operation of the project. Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off Date: Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Displaced Persons: People living in the project area that must move to another location. Displaced persons can be classified as persons 1) who have formal legal rights to the land they occupy; 2) who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws; or 3) who have no recognizable legal right or claim to the land they occupy. Full Replacement Cost: Market value of assets plus transaction costs. Depreciation of structures and assets should not be taken into account. Grievance Mechanism: 1) Mechanism to receive and facilitate resolution of concerns and grievances about the client's environmental and social performance. 2) Mechanism for workers (and their organizations, where they exist) to raise reasonable workplace concerns. 3) Mechanism to receive and address specific concerns about compensation and relocation that are raised by displaced persons or members of host communities. Involuntary Resettlement: Refers both to physical displacement and economic displacement because of the project. Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Project-affected Person: Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Resettlement Action Plan: The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Stakeholders: Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Page | IV Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Vulnerable PAPs: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Technical Terms Booster Pumping Station: A building in which two or more pumps operate to increase pressure in a water pipe. Distribution Network: the system that starts from the reservoirs and that is intended to convey water to all consumers. Gaza Central Desalination Plant: a new 55 MCM/y desalination plant (to be upgraded to 110 MCM/y) to be constructed in the Middle area of the Gaza strip for a regional supply of drinkable water. Gaza Central Desalination Program (GCDP): a comprehensive program that includes the build of desalination facilities and the associated works (construction of north-south water carrier and non- revenue water reduction project). Pumping Station: A building in which two or more pumps operate to supply water flowing at adequate pressure to a distribution system Short Term Low Volume (STLV): stop gap desalinization plant of lower capacity. Page | V Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Abbreviations and Acronyms ARAP: Abbreviated Resettlement Action Plan AW: Associated Works CMO: Coordination and Monitoring Officer CO: Complaint Officer EIB: European Investment Bank ESIA: Environmental and Social Impact Assessment GCDP: Gaza Central Desalination Program GRC: Grievance Redressal Committee GRM: Grievance Redress Mechanism GRO: Grievance Redressal Officer HDPE: High-density polyethylene HH: Household MCM: Million Cubic Meter MoLG: Ministry of Local Governance NGO: Non-Governmental Organization NIS: New Israeli Shekel OP: Operational Policy PA: Palestinian Authority PS: Pumping Station PAP: Project Affected Person PLA: Palestinian Land Authority PMSU: Project Management Support Unit PWA: Palestinian Water Authority RAP: Resettlement Action Plan RCU: RAP Coordination Unit STLV: Short Term Law Volume UNRWA: United Nations Relief and Works Agency WB: World Bank WHO: World Health Organization Page | VI Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Executive Summary Introduction The Palestinian Water Authority (PWA) has initiated the Gaza Central Desalination Program (GCDP) to deal with the ongoing water crisis in the Gaza Strip. The program consists of a seawater desalination plant with a first phase capacity of 55 MCM/y and eventual total capacity of 110 MCM/y; and its associated works under the title: Gaza Central Desalination Program: Associated Works (GCDP-AWs). The World Bank funded the preparation of the detailed design of Associated Works project as well as its environmental and social Impact Study. Moreover, the WB will fund the construction of two packages of the first phase of the Associated Works project along with other components including the Capacity Building and Performance Improvements of Selected Institutions and the Program Management and Implementation Support. The construction of the Associated Works Project components will take place upon different contract packages, out of which two package will be funded by the World Bank (Packages 3 & 4) and two packages by the Kuwaiti Fund (Packages 1 &2). The construction of these four packages is expected to start in July 2019 to Jan 2020. Following is a brief description of these packages: 1. Package 1: Southern main carrier system (Rafah and Khanyounis Governorates): one main pumping station, one booster station, 66 km of supply lines and four proposed reservoirs and related feeders, and 2 km of distribution pipelines. 2. Package 2: Mekorot Improvement Works (Middle and Khanyounis Governorates): 5.9 km supply lines, four proposed reservoirs located in the Middle Area and Khanyounis, 3 km of reconfiguration of the downstream water system and upgrading of seven existing reservoirs. 3. Package 3: Reconfiguration of the water distribution system – South Area (Rafah and Khanyounis Governorates): two proposed reservoirs located in Rafah and Khanyounis, 40 km of reconfiguration of the downstream water system, 32.3 km of supply lines from wells to reservoirs, and upgrading of the existing wells and 16 existing reservoirs. 4. Package 4: Reconfiguration of the water distribution system – Middle Area Governorate: 6.3 km of reconfiguration of the downstream water system, 12.8 km of supply lines from wells to reservoirs, and upgrading of 25 existing wells and 7 existing reservoirs. Based on the ESIA study of the Associated Works Project, some components of this project will trigger the World Bank OP 4.12 policy and a resettlement action plan (RAP) is required, regardless the source of fund for these components. Thus, the PWA has initiated the RAP presented in this report to satisfy the World Bank requirements and the Palestinian legal framework. Moreover, two recently constructed Short Term Low Volume (STLV) desalination plants will be connected to the Associated Works Project components. Consequently, an audit of the compliance of these two STLVs to the WB OP 4.12 is also required under this RAP report. These two facilities are Deir Al Balah STLV desalination plant and the South STLV desalination plant. RAP Scope, Objectives, and main content This RAP covers the four packages mentioned above, along with Auditing two STLV desalination plants associated with this project in light of the WB policies. The objective of the RAP was to set out the policies, principles, institutional arrangements, schedules and budgets for the compensation of affected people. During this RAP preparation, a census of the Project affected persons (PAPs) and an inventory of the losses were performed. Consultations with the PAPs Page | 1 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report through direct meetings were implemented to inform them their rights, entitlements, and complaint mechanisms. An entitlement matrix, budget, implementation schedule, and implementation monitoring procedures were included in this RAP. Resettlement impacts The Associated Works Project will result in various positive impacts but some adverse impacts will be encountered among which some of them will trigger OP 4.12 related to the Bank’s Policy on Involuntary Resettlement. Permanent loss of land is expected due to the construction of some reservoirs while temporary loss of livelihood is expected during the construction of the south main carrier line. The encountered resettlement impacts of the project 4 packages are as follows: - Permanent Loss of private land and trees due to the construction works under Package 2 Two out of the four reservoirs under this package will be constructed on originally privately owned lands. The first is Al Buraij reservoir (ST-01C) that will be constructed on an agricultural land with an area of 2,074m2. The land is not cultivated, not used for income production, not used for residence nor occupied by any encroachers. The second is Al Zawaida reservoir (ST-07) that will be constructed on an agricultural land with an area of 840m2. This land is cultivated with 24 olive trees that will be lost as well. The land is not used for residence and not occupied by any encroachers. The two lands will be permanently lost and their owners are entitled for compensation according to this RAP. - Permanent Loss of private land due to the construction works under Package 1 One out of the four reservoirs under this package will be constructed on originally privately owned land, which is Al Qarara reservoir (ST-09) that will be constructed on an empty residential land with an area of 1,700m2 (no buildings or assets of any type). The land is not used for income production and not used for residence and not occupied by any encroachers. This land will be permanently lost and its owner is entitled for compensation according with this RAP. - Temporary loss of income due to the construction works under Package 1 One of the main components of Package 1 is the construction of the south carrier line. Part of this line will be constructed inside the Khanyounis Wednesday market. Consequently, the owners of 662 temporary stalls and 123 shops will lose their income during the construction works. Moreover, the market contractor, who is responsible for the management of all stalls in the Market, will also lose his income from the stopped stalls during construction works. The income loss will be temporary and the mentioned PAPs are entitled for compensation according to this RAP. Policy and legal Framework This resettlement action plan (RAP) follows the provisions specified under the World Bank OP 4.12 on involuntary resettlement. The RAP also takes account of local laws and regulations set by the Palestinian Authority (PA) especially the existing Palestinian legal and policy framework for land acquisition and expropriation. It also highlights the gaps between the national legislations and the World Bank policies related to involuntary resettlement and provides practical procedures to bridge these gaps. Page | 2 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Auditing of the lands allocated before the preparation of this RAP Out of the total number of lands required for different project components, three lands were already purchased/exchanged by the concerned municipalities, while six lands were governmental lands that were also already allocated for the construction of reservoirs and pumping station under this project. These lands went through an extensive auditing process to ensure that their acquisition procedures are in line with the WB requirements. The main findings of the auditing process can be summarized as follows:  The six governmental lands were acquired following the normal procedures for acquiring governmental lands, and no encroachments were found on these sites during the preparation of the RAP. A delay in finalizing the allocation decree by the PLA of the Rafah site for S-01 Booster PS has occurred. However, it is expected to be finalized by August 30, 2019.  One of the municipal lands (ST-015A reservoir site) has been acquired as part of a land division project. While the other two lands (ST-006B reservoir site, and ST-017 reservoir site) have been acquired following a willing buyer-willing seller approach. The acquisition procedures for ST-006B reservoir site are completed and the owner is fairly compensated. While the procedures of the ST-017 reservoir site are still ongoing; as the landowner has not been provided with the compensation yet, however, he has no problem with this delay, as he willingly signed an official document, in which he allows the municipality to immediately use the land for the construction of the reservoir. However, based on the consultation with the owner and the municipality, it is expected to finalize the deal by the end of August 2019. The compensation agreement was based on Land for land replacement based on full replacement value, taking into account market values for land of same type and category and productive capacity. Summary of Compensation Entitlements The PAPs that will be impacted from this project are the owners of the lands that are involuntarily expropriated and the shops and stalls owners in Khanyounis market. The entitlements of these PAPs based on the Palestinian laws and WB Op 4.12, as explained in this RAP, and are as follows: - Owner of Al Buraij land expropriated for the construction of for Reservoir ST-01C He will permanently lose an agricultural land with an area of 2074m2 that will be constructed under package 2 of this project. He is entitled for equivalent land based on full replacement cost, taking into account market value for land of similar type and category and productive capacity. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Valuation of the land will be implemented by a committee from the PLA and PWA. An initial value of this land is 202,000 US$. Owner of Al Zawaida land expropriated for the construction of for Reservoir ST-07 He will permanently lose an agricultural land with an area of 840 m2 that will be constructed under package 2 of this project. He is entitled for equivalent land based on full replacement cost, taking into account market value for land of similar type and category and productive capacity. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. He is also entitled for cash compensation for 24 olive trees based on type, age and productive value of removed trees. Valuation of the land will be implemented by a committee from the PLA and PWA. An initial value of this land is 129,360 US$. The valuation of the 24 olive trees was made by the Ministry of Agriculture and with consultation of the owner at 4,800 US$. Page | 3 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report - Owner of Al Qarrara land expropriated for the construction of for Reservoir ST-09 He will permanently lose a residential land with an area of 1,700m2 that will be constructed under package 1 of this project. He is entitled for equivalent land based on full replacement cost, taking into account market value for land of similar type and category having the same municipal services. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Valuation of the land will be implemented by the PLA. An initial value of this land is 127,500 US$. - Owners of Khanyounis market 662 stalls and 123 shops They will temporary lose their income during the construction of the southern carrier under package 1 of the project. They are entitled for compensation with a cash payment equal to their daily income from the stalls and shops multiplied by the number of working days they will lose. The cash for the stalls and shops owner’s compensation is valuated as 72,000 US$ based on consultation with them and with the market management department of Khanyounis Municipality. - Contractor of Khanyounis market He will temporary lose his income during the construction of the southern carrier under package 1 of the project. He is entitled for compensation with a cash payment equal to his daily income from fees collection from the stopped stalls in the Wednesday market multiplied by the number of days he will lose. The cash for the contractor compensation is valuated as 3,320 US$ based on consultation with him and with the market management department of Khanyounis Municipality. Consultation, Disclosure and Grievance mechanism (GM) Stakeholder consultations were carried out during the project’s early preparation phase including through the ESIA process but also during the course of this RAP preparation. Among the objectives of the consultation was to ensure that all interested stakeholders, including project affected people were informed about the project’s impacts and had an opportunity to convey their viewpoints, including on issues related to their compensation. The main parties consulted were PAPs as defined previously, local government officials (Land Authority, Ministry of Agriculture) and Municipalities of Khanyounis, Rafah, Al Qarara, Abasan Aljadeeda, Al Zawaida, Al Nussairate, and Al Buraij (Summary of the consultations during this RAP is provided in Table E-1). Among the issues raised, especially by the directly affected parties related mainly to nature of land acquisition and the compensation principles. The owners of the stalls and shops in Khanyounis market were concerned with the compensation procedure for their lost income and requested to shorten the time of construction so that they can return to their normal business routine. Robust discussions were held on the project’s anticipated benefits as well as adverse impacts. The project’s timeline, valuation methods, the grievance redress mechanism, as well as monitoring have also been raised. It should be noted that the consultations followed the principles established by the World Bank policies. The PWA will disclose the RAP report to ensure that all project affected people and the broader stakeholder community have access to information contained in it. The PWA will translate the RAP document into Arabic language and make it available in the local offices of the concerned municipalities (Khanyounis, Rafah, Al Qarara, Abasan Aljadeeda, Al Zawaida, Al Nussairate, and Al Buraij), along with the Page | 4 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report PLA office, the reservoirs and pumping stations sites. The RAP will also be available at the PWA website. The RAP will also be disclosed on the World Bank external website. Table E-1: Summary of the Consultation Activities Consulted Number of Consultation Location Date people/institutions People who tools were consulted Khanyounis Market Municipality of 2 Individual Khanyounis February 25, Khanyounis Meeting Municipality 2019 Market Contractor 1 Individual Khanyounis February 25, Meeting Municipality 2019 Traders in the Market 785 Questionnaires Khanyounis February 27, Area and semi Market 2019 to March structured 13, 2019 interviews Expropriated Private Lands Municipality of Al 3 Individual Municipality of Al February 28, Buraij Meeting Buraij 2019 Municipality of Al 2 Individual Municipality of Al February 24, Zawaida Meeting Zawaida 2019 Municipality of Al 2 Individual Municipality of Al February 24, Qarara Meeting Qarara 2019 Municipality of Abasan 1 Individual Municipality of February 24, Aljadeeda* Meeting Abasan 2019 Aljadeeda Municipality of Al 1 Individual Municipality of Al March 4, 2019 Nussairate Meeting Nussairate Municipality of Rafah 1 Individual Municipality of March 4, 2019 Meeting Rafah Landowner: Samer Abu 1 Questionnaires Municipality of Al February 28, Hjayir and Individual Buraij 2019 and Meetings March 18, 2019 Landowner: Hamdan 1 Questionnaires Municipality of Al February 24, Abu Khaled and Individual Zawaida 2019 and Meetings March 18, 2019 Landowner: Fayiz 1 Questionnaires Municipality of Al February 24, Alastal and Individual Qarara 2019 and Meetings March 18, 2019 Landowner: Sulaiman 1 Questionnaires Municipality of February 24, Al Qarra and Individual Abasan 2019 Meetings Aljadeeda Landowner: Sabri Al 1 Questionnaires Municipality of Al March 4, 2019 Faleet and Individual Nussairate Meetings Palestinian Land 1 Individual Palestinian Land March 11, 2019 Authority Meeting Authority office Page | 5 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report A grievance redressal mechanism will be established by PWA for this project according to this RAP, as it is explained after in the documents, to ensure that PAPs have the access to a viable system to air grievances and to seek resolution with no intimidation or coerciveness. PAPs were informed during the consultation about the existence of the GM The system is composed of a complaint office (CO) that will be established at the project site to receive and process the complaints from PAPs. The CO will be headed by a grievance redressal officer (GRO) assigned by the PWA project management support unit (PMSU). The GRO will be responsible for receiving and processing the complaints and reach on spot solutions. If the complaint is not resolved within 15 days then PAPs can go to the next level of complaint which is the grievance redressal committee (GRC) that will be established and based in main PWA office in Gaza city. Once a complaint is with GRC it has 10 days to be reassessed, and another five days for the decision to be formulated. PMSU keeps records of all the complaints, including if they are resolved and if not what was the next step. If the GRO and the GRC levels fail to reach a settlement of the disputed issues, the PAPs can go to civil courts. The communication channels with the CO and GRC will be publicized to the community through local and social media. Moreover, PAPs will be informed on the complaint escalation levels and handling procedures. Monitoring and Evaluation A monitoring and evaluation program is prepared to ensure that the activities set forth in RAP are adequately and properly implemented. The internal monitoring will be implemented by the PWA through the RAP Coordination Unit (RCU) that will produce bimonthly reports and inform PWA-PMSU management with any correction measures during RAP implementation. An external auditor (monitor) will be hired by the PWA to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. The external auditor will work closely with the internal monitoring team and study their bimonthly reports and will submit an audit report by the end of the RAP implementation with his conclusions and recommendations regarding all part of the RAP process. Institutional Arrangements and Capacity Building The focal point of the RAP preparation, implementation and monitoring is the PWA through its project management support unit (PMSU). The PMSU assigned a RAP coordination Unit (RCU) composed of a RAP coordination and monitoring officer (CMO) and a grievance redress officer (GRO) who will be responsible for coordination with other institutions involved in the RAP implementation. Other institutions that are involved in the RAP implementation of this project are: Palestinian Land Authority (PLA), Ministry of Local Governance (MoLG), Municipalities of Al Buraij, Al Zawaida, Al Qarara, and Khanyounis, Cabinet and central, committee of buildings and cities organization, and Ministry of Agriculture. The rule of each institute in the implementation of the RAP is clearly identified in the report. A capacity building program is included to improve the abilities of the involved institutions in RAP implementation and to insure proper and transparent implementation of the RAP. Cost, Budget, and Implementation Schedule The estimated budget for RAP implementation under AW-GSWSP project is 589,980 US$. The compensations for the expropriated lands accounts for 459,818US$ out of the total budget and will be covered by the PLA in the form of land exchange and no cash payments will be paid for the PAPs. The other costs (loss of trees, loss of income, RAP monitoring, salaries, contingencies,) which are estimated at 130,162 US$ will be covered under the GCDP-AWs Phase1 project budget and a clear item of this budget should be added to the project finance documents by the PWA in coordination with the donors. The RAP Page | 6 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report implementation will start by the beginning of August and will last until the end of December 2019. A detailed implementation schedule has been prepared with the RAP activities (preparation, implementation, monitoring) in relation to main construction activities. Associated facilities auditing According to the World Bank requirements, any project associated to a WB assisted project should be consistent with the OP 4.12 policy even if this associated project is not assisted by the WB. Based on that, an audit was requested by the WB for two recently constructed facilities that are associated with the GCDP-AWs project under consideration. These two facilities are Deir Al Balah STLV desalination plant and the South STLV desalination plant. The results of the audit performed for Deir Al Balah STLV desalination plant indicated that the OP 4.12 policy was not triggered for this project. The land used for the construction of this facility is governmental and has never been occupied or encroached by people or used as a source of livelihood for anybody. The audit performed for the second facility (South STLV desalination plant) revealed that it is part of the governmental general site of the Gaza Central Desalination Plant that has a total area of 80 donums. The site of the South STLV desalination plant is located at the northern corner of the general Gaza central desalination plant site, which is a governmental land, and has never been occupied or encroached by people or used as a source of livelihood for anybody. However, ten individual Bedouin families, who had no attachment to the land, were encroaching the eastern part of general Gaza central desalination plant site out of the South STLV boarders. The PWA, in the context of the preparation for the planned Gaza central desalination plant project prepared and implemented an abbreviated RAP (based on the European Investment Bank standard, EIB) to resettle these families. During this audit, the ten families were visited at their new locations and found to be satisfied with the compensation they received. It was also found that the PWA and the other involved institutions has implemented the abbreviated RAP properly. The abbreviated RAP based on the EIB is consistent with the WB OP 4.12. In conclusion, the two audited STLV facilities has no standing issues regarding the WB safeguard OP 4.12. Page | 7 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 1. Introduction 1.1. Project Background The Palestinian Water Authority (PWA) have developed a rolling program of sophisticated combined interventions to deal with the ongoing water crisis in the Gaza Strip. Specifically, by 2020, PWA plans to improve the water distribution system, improve agricultural water management, develop wastewater treatment and reuse and to increase supply of bulk water resources (constructing of a central desalination plant). In this context, the Gaza Central Desalination Program (GCDP) has been considered as the preferred option for Gaza to stabilize the aquifer and secure its water supply. The program consists of a seawater desalination plant of around 55 MCM/y first phase capacity to an eventual 110 MCM/y capacity; and its associated works under the title: Gaza Central Desalination Program: Associated Works. The World Bank funded the preparation of the detailed design of the Associated Works project as well as its Environmental and Social Impact Study. Final Detailed Design Reports and tender documents of the Associated Works Project were completed in March 2018, and the construction of Phase 1, which covers the southern and middle governorates of the Gaza Strip, is planned to be started in July-August 2019. In general, the construction of the project will take place upon different construction packages. Currently, two of these packages is planned to be funded by the World Bank (Packages 3 & 4), while two other packages will be funded by the Kuwaiti Fund (Packages 1 & 2). These packages include the construction of ten new reservoirs and two pumping stations, the upgrading of 30 existing reservoirs, and the installation of supply and distribution pipelines along with the southern main carrier. 1.2. Project Objectives and Overview The key objective of the Associated Works project-Phase 1 is to improve the quality of water supplied to the population served in southern and middle governorates of the Gaza Strip and to strengthen the capacity of selected institutions. To achieve this objective, the project will the project will support investments in infrastructure to blend desalinated water with groundwater and water from Mekorot to achieve a water quality in compliance with WHO and Palestinian standards and transmission of this water to all the municipalities in southern and middle governorates of the Gaza Strip. The new water supply and distribution system take in consideration the planned needs of water supply until 2035, including consequences of the expansion of the central desalination plant, the increase of water amount from Mekorot, the reduction of groundwater production and the operation of two Short Term Low Volume desalination plants as follows:  Water produced by Gaza central desalination plant (24 MCM/y in 2024 to be upgraded to 47 MCM/y in 2027);  Water produced by Short Term Low Volume Desalination Plants (two plants, namely the South STLV, and the Deir Al Balah STLV to be operational by 2019 to produce a total amount of about 9.5 MCM/y by 2022)  Water purchased from Mekorot (total of 10 MCM/y by 2022);  Groundwater resources (18.6 MCM/y in 2020, and 13.8 MCM/y in 2025) Page | 8 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 1.3. Project Components In order to accomplish the long-term goals of the Associated Works project-Phase 1, three main components are set. The first component is: Improved supply of drinking water in the southern and middle governorates of Gaza, which includes the civil works, while the second is: Capacity Building and Performance Improvements of Selected Institutions, and the third is: Project Management and Implementation Support.. The civil works of the Associated Works Phase 1 project include: 1) Southern Main Carrier System to enhance the capacity for blending, storage and supply of water to Rafah and Khanyounis Governorates 2) Additional Water Supply Network Improvement Works for the middle and Khanyounis Governorates by building upstream supply lines and reconfiguration of the water distribution system for water from Mekorot 3) Reconfiguration of the Water Distribution System in all the Municipalities of Rafah and Khanyounis by connecting the new bulk water supply system to the existing internal distribution networks 4) Reconfiguration of the Water Distribution System in the middle Governorate Moreover, number of facilities are associated with this project; these facilities include the wells to be connected to the system, the existing/under construction reservoirs that will also be connected, and the two Short Term Low Volume (STLV) desalination plants, namely:  South 20,000 m3/day STLV desalination plant located at the Municipal boundaries of Deir Al Balah and Al Qarara Municipalities, at Al Rasheed Street close to the sea.  Deir Al Balah 6,000 m3/day STLV desalination plant located at Al Bassa Area North east of Deir Al Balah Municipality, about 400 m east of Al Rasheed Street and the sea. As mentioned above, the construction of these components will take place upon different contract packages, out of which four packages are to be funded by the WB (Packages 3 & 4) and the Kuwaiti Fund (Package 1 & 2). The construction of these four packages is planned to be started in July 2019 to January 2020. Following is a brief description of these packages: 1. Package 1: Southern main carrier system (Rafah and Khanyounis Governorates): one main pumping station, one booster station, 66 km of supply lines and four proposed reservoirs and related feeders, and 2 km of distribution pipelines. 2. Package 2: Mekorot Improvement Works (Middle and Khanyounis Governorates): +5.9 km supply lines, four proposed reservoirs located in the Middle Area and Khanyounis, 3 km of reconfiguration of the downstream water system and upgrading of seven existing reservoirs. 3. Package 3: Water Distribution Network Reconfiguration – South Area (Rafah and Khanyounis Governorates): two proposed reservoirs located in Rafah and Khanyounis, 40 km of reconfiguration of the downstream water system, 32.3 km of supply lines from wells to reservoirs, and upgrading of the existing wells and 16 existing reservoirs. 4. Package 4: Reconfiguration of the water distribution system – Middle Area Governorate: 6.3 km of reconfiguration of the downstream water system, 12.8 km of supply lines from wells to reservoirs, and upgrading of 25 existing wells and seven existing reservoirs. General layout of the components under the three packages is provided in Figure 1-1. Page | 9 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Figure 1-1: General Layout of the Components under the Four Packages Page | 10 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 1.3.1. Southern Carrier and Transmission Lines About 66 km long ductile iron pipelines with diameters from 150 to 1,600 mm are proposed to carry water from the Gaza central desalination plant to feed reservoirs in the middle and southern areas of the Gaza Strip. These pipelines are proposed to run along the route of the railroad (Sikka road), which is a governmental land. Along the Sikka Road in Khanyounis Governorate, the Carrier line will pass through Khanyounis Market (See Figure 1-2), where many shops and permanent stalls are found daily (123), and more stalls are found on Wednesday public market (662). Construction of such critical section of the carrier line is expected to disturb the activities in the market. Figure 1-2: Location of Khanyounis Market with regards to the South Carrier 1.3.2. Mekorot Supply and Distribution Lines Mekorot connections will be improved in the Middle, and Khanyounis governorates to increase the amount of water received from Mekorot. The improvement works include the following main components:  Supply line from Bani Saed connection up to existing Al Maghazi junction (1.6 km)  Supply line from Bani Suhila connection point to existing Bani Suhila new Reservoir (4.3 km). Along with the two main supply lines, some distribution pipelines with a total length of about 6.5 km will be installed at different locations in Khanyounis and the Middle Area. The land use of the proposed supply and distribution networks areas in Khanyounis and the Middle Governorate is characterized as mixed residential/agricultural use. The proposed water pipelines will be constructed within the right-of-way of public main roads, which are clear and free of any encroachments or structures as shown in Figure 1-3 (More photos are found in Annex 1). Page | 11 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report (a) (b) Figure 1-3: Photos for Mekorot Pipelines Routes in: a) the Middle Area, and b) Khanyounis 1.3.3. Downstream Distribution Networks The existing water distribution system related to all the municipalities included in Rafah, Khanyounis and the Middle Governorates (except the network part of Mekorot improvement works) will be reconfigured to enable the system to receive the increased amount of water. Moreover, the downstream main feeders between the new proposed reservoirs and the water distribution network of the concerned municipalities. The works will include the supply and installation of 47.4 km of ductile iron and HDPE pipelines. The land use of the proposed distribution networks areas in both Khanyounis and Rafah Governorates is characterized as residential use. The proposed water pipelines will be constructed within the right-of-way of public main roads, which are clear and free of any encroachments or structures as shown in Figure 1-4 (More photos are found in Annex 1). Figure 1-4: Photos for Proposed Distribution Pipelines Routes in the Middle and the Southern Governorates 1.3.4. Supply lines from Wells to Reservoirs Upstream connections between selected water wells and existing and proposed reservoirs will be reconfigured to enable the blending at reservoirs sites and to make a clear separation between bulk water and downstream system. About 45.1 km of ductile iron and HDPE pipes will be supplied and installed. The land use of the proposed supply lines areas in both Khanyounis and Rafah Governorates is characterized as a mixed residential/agricultural use. The proposed water pipelines will be constructed within the right-of-way of public roads , which are clear and free of any encroachments or structures as shown in Figure 1-5 (More photos are found in Annex 1). Page | 12 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Figure 1-5: Photos for Proposed Supply Lines Routes in the Middle and the Southern Governorates 1.3.5. Main Pumping Station The main pumping station is located in Al Qarara, about 1.3 km to the west of Salaheldein Road. This station will be divided into two pumping pressurization groups and; one to supply the northern branch of the main carrier (N-MC1) and the other to supply the southern branch (S-MC1). The north main pumping station (N-MC1), with a proposed power of 375 kw, is composed of four pumps on duty and two in stand- by while the south main pumping station (S-MC1), with a proposed power of 474 kw, is composed of three pumps on duty and two in stand-by. These pumps are connected to the same tank fed by the desalination plant. Under the Southern main carrier system package, the southern carrier pumps branch will be constructed along with the 8,000-m3 water tank and the civil work for the northern branch. The site area of the main pumping station is 6,000 m2, located on flat, agricultural land, with all ancillary structures fitting within the available area. The land of the site is a governmental land and has been allocated for the pumping station construction on March 7, 2017. See Annex 1(a) for the location map and photos for the main pumping station site. 1.3.6. Rafah Booster Station (S-01) The S-01 pumping station is located in Rafah 3.5 km to the west of Salaheldein Road. The station consists of two pumps; one on-duty and one in stand-by. The site area of the station is 1,800 m2 with all ancillary structures fitting within the available area. The land of the site is governmental. The site area is 1,800 m2, located on flat, agricultural land. According to the ESIA study for the project, the land was cultivated with tomato during the preparation of the study (in 2017) as a local farmer was encroaching the land to cultivate seasonal crops. However, the land was empty during the site visit that took place on February 25, 2019 as the farmer was allowed to cultivate his crops until the end of that season. The area where the site is located is mainly an agricultural area (open areas and greenhouses) with some residential buildings found to the south of the site. See Annex 1(b) for the location map and photos for the Rafah booster station site. 1.3.7. Reservoirs Ten new cylindrical and rectangular reservoirs will be constructed under the four packages in the southern and the middle parts of the Gaza Strip, and 30 reservoirs will be upgraded to complement the existing ones and the ones already planned or under construction. The proposed location, area, and land use and status for each reservoir are illustrated in Table 1-1. Page | 13 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 1-1: Proposed Reservoirs Locations and Land Use and Status Reservoir Area Municipality Location* Land Use Land Status** Name/ID (m2)  The site is located in Al Buraij  The site is located in flat camp, about 2.3 km from the agricultural land. eastern border  The site is surrounded by Expropriated by the Al Buraij ST-001C 2074 open agricultural lands government cultivated with olive and citrus trees  The site is located in Al  The site is located in Nussairate Municipality, agricultural land, Purchased by the Al Nusairat ST-006B 1,000 about 75 m to the south  The site is surrounded by west of the Vegetables municipality citrus and olive orchards, Market.  The site is located in Al  The site is located in Zawaida Municipality, about agricultural land and Al Zawaida ST-007 840 Privately owned 840 m to the west of surrounded by mixed Salaheldein Road. agricultural lands  The site is located in Al  The site is located in a mixed Qarara Municipality, about residential agricultural land. Expropriated by the Al Qarara ST-009 1,700 1.1 km from the eastern  The site is surrounded by government border of the Gaza Strip. open agricultural lands  The site is located in  The site is located in a flat Khanyounis, about 1 km to empty sandy land. ST-011 2,880 Governmental the west of the Sikka Road (the main carrier route). Khanyounis  The site is located in  The site is located in a sand Khanyounis, about 1 km to dunes flat land ST-033B 3,000 the north west of Hamad  Greenhouses are found Governmental (Al Israa) City residential compound about 260 m to the south of the site Page | 14 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Reservoir Area Municipality Location* Land Use Land Status** Name/ID (m2)  A residential complex is about 300 m to the south east of the site  The site is located in Abasan  The site is located in a flat Aljadeeda Municipality, agricultural land. Abasan Expropriated by the ST-017 1,200 about 900 m from the  The site is surrounded by Aljadeeda government eastern border of the Gaza agricultural lands from all Strip sides.  The site is located in Rafah,  The site is, located in flat about 750 m to the north of sandy land. Salaheldein Road  Surrounding areas to the ST – 015B 1,800 Governmental south, east and north are mainly agricultural lands (open and greenhouses).  The site is located in Rafah,  The site is located in flat about 200 m away from the agricultural land Owned by the ST-015A southern border of the Gaza  The surrounding areas are municipality based Rafah 1,500 (Al Salam) Strip mixed agricultural on land division  About 780 m to the west of residential lands. project Salaheldein Road  The site is located in Rafah  The site area is located in City, 100 m to the north sand dunes area, adjacent to ST-039B west of Muraj road an existing water reservoir 1,800 Governmental (TRC)  Surrounding areas are mixed sand dunes, agricultural lands, and residential areas. *Location Map and Photos for each site are provided in Annex 1 (c-l) **More details on lands status are provided in section 2.1.2 and chapter 4. Page | 15 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 1.4. RAP Scope and Objectives Based on the ESIA study of Associated Works Project, some components of this project, some of which are implemented under the four packages mentioned above, will trigger the World Bank OP 4.12 policy and a resettlement action plan (RAP) is required. Moreover, two recently constructed Short Term Low Volume (STLV) desalination plants will be connected to the GCDP- AWs Phase1 project components. The objective for the RAP is to set out the policies, principles, institutional arrangements, schedules and budgets for the compensation. These arrangements are also meant to ensure that there is a systematic process for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Palestine procedures and requirements, and outline compensation for affected persons. The RAP was developed taking into consideration the outlined objective and principles. The main goal of the RAP is to identify the Project Affected Persons, strategies for compensation/restoration of business and to compensate losses adequately according the correspondent legislations and safeguard policies, and to apply the project activities with the least disturbance to the communities hosting the project. The preparation of this RAP followed the requirements of the World Bank’s Operational Policy on Involuntary Resettlement, OP 4.12. The RAP also makes reference to Palestinian legal and institutional requirements related to land acquisition. The identified gaps between these two requirements were captured, and measures for filling these gaps were explained. Page | 16 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 2. Resettlement Impacts The following sections will discuss the project impacts along with socio-economic baseline characteristics of the identified PAPs. 2.1. Projects Impacts According to the ESIA report of this project, and based on the World Bank regulations, the OP 4.12 safeguard policy is triggered by some of the project activities, conducted under the four proposed packages, calling for a resettlement action plan (RAP). These activities may lead to temporary or permanent loss of land and/or livelihood of the Project affected persons (PAPs). As discussed in the following sections, temporary loss of livelihood is expected during the construction of the south main carrier line, while permanent loss of land is expected due to the construction of some reservoirs. 2.1.1. Temporary Loss of Livelihood due to the Construction of Pipelines The main carrier will pass through a crowded market in Khanyounis city. Thus, during the carrier construction (under Package 1), the trade and business activities will be severely affected. This impact is temporary since the construction period of the carrier is expected to be short and the trade and business activities will be resumed. According to the survey conducted during the period from February 27, 2019 to March 13, 2019, different categories of affected people were identified based on the type of their enterprise, along with the market contractor who is responsible for all stalls in the Market. The two identified categories are as follows:  Owners and workers of/in permanent enterprises; shops or stalls, who work in the market every day, and  Owners and workers of/in temporary enterprises; stalls or carts, who work in the local market only on Wednesdays. Those who work every day will be affected more compared to those who come only on Wednesdays. The conducted survey revealed the presence of about 123 permanent shops, 170 permanent stalls, and about 492 temporary stalls. Moreover, the market contractor will also be affected, as his daily income depends on both permanent and temporary stalls in the market. Socio-economic characteristics of different categories are provided in section 2.2 of this report (Full information for each PAP is provided in Annex 2). Based on the results of the consultation with the identified PAPs in the market, and with the Municipality of Khanyounis, moving to alternative place was considered infeasible; therefore, PWA will ensure the implementation of the following mitigation measures:  The construction of the main carrier, in the market area, will be conducted on several segments, where each segment will cover about 300 m and will last for not more than one week.  The construction works will be stopped on Wednesdays to allow people access to other places in the market other than the segment under construction.  PAPs will be cash-compensated, where the compensation value is calculated based on the daily income for each of them. The estimated budget for compensation, which should be considered as part of the project budget, is about 75,000 US$ and will be disbursed by PWA.  These compensations will be implemented before the construction of the line inside the market. Page | 17 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 2.1.2. Permanent Loss of Land due to the Construction of Reservoirs and pumping station The PWA was purposeful in seeking to ensure that adverse impacts on private landowners are minimized through ensuring that most lands are governmental or municipal lands that are acquired through the Palestinian Land Authority (PLA) and Ministry of Local Governance (MoLG) in efforts to minimize private land acquisition; even if the PWA had to redesign some components to achieve this. However, some locations were impossible to be changed due to technical reasons. As mentioned in the project description, 12 lands are needed to construct 10 reservoirs and 2 pumping stations. Based on the original ownership of each land along with the acquisition method, these 12 lands were classified into the following three groups: Group 1: Private lands involuntarily expropriated by government This group is composed of three lands:  Al Buraij site for reservoir ST-01C: An agricultural land of 2,074 m2, where no crops or structures are found,  Al Zawaida site for reservoir ST-07: An agricultural land of 840 m2 where 24 olive trees are cultivated, and  Al Qarrara site for reservoir ST-09: An empty residential land of 1,700 m2, where no buildings or structures are found. The expropriation of these privately owned lands follows a legal procedure (discussed in Section 3.2.3. of this report), where the Palestinian Land Authority (PLA), the concerned municipalities, the Ministry of Local Governance (MoLG), and the landowners, are mainly involved. The progress in this procedure for the three lands is as follows:  The procedures for Al Buraij site for reservoir ST-01C (Package 2), and Al Qarrara site for reservoir ST-09 (Package 1) are still in progress following the PLA land expropriation procedure. The owners are willing to exchange their expropriated lands and have no objection to the project. The expropriation decrees have been issued by the PLA and the two lands has been officially allocated for the construction of reservoirs ST-01C and ST-09 on January 1, 2019 and March 4, 2019, respectively (See Annex 3(c), and Annex 3(f) for land acquisition and exchange agreement documents for both lands). PLA is recently negotiating the two owners for the exchange land that they will get as a compensation.  The procedures for Al Zawaida site for reservoir ST-07 (Package 2) are still in progress following the PLA land expropriation procedure. The owner is willing to exchange his expropriated land and have no objection to the project. The expropriation decree is under preparation but has not been issued yet. PLA is in the process of preparing the expropriation decree and negotiating the owner for the exchange land that he will get as a compensation. (See Annex 3(e) for land acquisition and exchange agreement documents.) Based on these findings, the owners of these three lands are found to be subjected to involuntary resettlement according to the WB safeguard OP 4.12. Therefore, these lands will thoroughly be discussed in Chapter 5 of this report. Group 2: Private lands voluntarily acquired by municipalities This group is composed of three lands: Page | 18 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report  Al Nussairate site for reservoir ST-06: An agricultural land of 1,000 m2, where no crops or structures are found,  Abassan Al Jadeeda site for reservoir ST-017: An agricultural land of 1,200 m2, where no crops or structures are found,  Rafah site for reservoir ST-015A: An agricultural land of 1,500 m2, where no crops or structures are found. These three lands, originally owned by private owners, are recently under the ownership of municipalities where they are located. As the acquisition of these lands is completed/ongoing, then the procedures followed to acquire these lands were audited to ensure their compliance with the World Bank safeguard OP 4.12, as discussed in Chapter 4 of this report. Group 3: Governmental lands This group is composed of six lands:  Al Qarrara site for the main pumping station, an agricultural land of 6,000 m2, where no crops or structures are found,  Rafah site for Booster PS -S-01: an agricultural land of 1,800 m2, where no crops or structures are found,  Khanyounis site for reservoir ST-011: an empty sand dunes land of 2,880 m2,  Khanyounis site for reservoir ST-033B: an empty sand dunes land of 3,000 m2,  Rafah site for reservoir ST-015B: an empty sand dunes land of 1,800 m2, and  Rafah site for reservoir ST-039 (TRC): an empty sand dunes land of 1,800 m2. All of these six lands are governmental lands that were acquired following the normal procedures for acquiring governmental lands (See section 3.2.3 of this report for these procedures). The acquisition procedures for these lands, except the procedures of Rafah site for Booster PS -S-01, were completed before the preparation of this RAP, therefore, the acquirement procedures were audited to ensure their compliance with the World Bank safeguard OP 4.12, as discussed in Chapter 4 of this report. According to the auditing findings illustrated in Chapter 4, no involuntary expropriation nor loss of livelihood is encountered in the land acquirement procedures for group 2 and group 3 (Municipal, and governmental lands, respectively). Page | 19 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 2.2. Socio-economic Baseline Characteristics The process of identifying who the affected people are is a result of an iterative process of community and stakeholders consultations, along with a desk review of all available documents, reports, and studies related to the project. Two main categories of PAPs were identified based on the expected adverse impact as discussed in section 2.1. The first category includes the traders in Khanyounis Market, who will experience temporary loss of income during the construction of the South Carrier, and the second category includes the owners of private lands that were expropriated by the PLA to be allocated for the construction of reservoirs. This section presents the socio-economic baseline characteristics of the identified PAPs. The characteristics include pertinent demographic information such as age, sex, place of residence and family size, along with social and economic information such as education, occupation, and income sources. This information was collected during the census conducted for traders in Khanyounis Market, where structured questionnaires were used to collect all required information (See section 5.2 of this report). The same Information was collected for the owners of private lands using structured questionnaires during the interviews conducted with them as discussed in section 5.2 of this report. The collected information was statistically analyzed to present the main socio-economic characteristics of the PAPs, which were used to develop the RAP’s compensation and livelihood restoration strategies. 2.2.1. Socio-economic Characteristics for PAPs in Khanyounis Market The number of surveyed persons in Khanyounis Market was 785 (662 permanent and temporary stalls owners and 123 permanent shops owners). This number represents the directly affected persons in the Market area. While the total number of the PAPs including these persons' families is 6,332 persons, where the average family size is about eight per each household (Full information for each PAP is provided in Annex 2 (a) and (b)). Age Structure Most of the PAPs, who are working in the Market, aged between 20 and 40 years, these count for 65.26% in stalls and 50.41% in shops. While people aged below 20 years are found more in stalls, but still with a minimum percentage among other age groups. This group counts for about 10.57% in stalls and about 5.69% in shops. As for their families, as illustrated in Table 2-1, individuals aged (0-10) have the highest percentage among other age groups as they count for 31.79 % of the total number of PAPs. While individuals aged (11-20) count for 24.81 %, which means that the majority of the project affected persons (more than 50%) are younger than 20 years old. This, in fact, reflects the economic burden results due to having more people out of labor force. Table 2-1: Distribution of the PAPs in Khanyounis Market by Age Categories Age Category Stalls Shops Total (Years) No. 1,694 319 2,013 0 – 10 % 32.51 28.53 31.79 No. 1,265 306 1,571 11 – 20 % 24.26 27.35 24.81 No. 1,136 255 1,391 21 – 30 % 21.78 22.79 21.97 31 – 40 No. 379 95 474 Page | 20 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Age Category Stalls Shops Total (Years) % 7.26 8.47 7.46 No. 413 80 493 41 – 50 % 7.92 7.13 7.79 No. 198 35 233 51 – 60 % 3.80 3.11 3.68 No. 129 29 158 61 – 70 % 2.48 2.62 2.50 Total No. 5,214 1,118 6,332 Gender Structure All of the workers in the surveyed market were males, both in stalls and permanent shops. However, as for their families, the distribution of PAPs by their sex, shown in Table 2-2, reflects that about 52.92% of the PAPs are males while 47.08% are females. Almost the same percentage is found among the permanent shops (52.15%) and the stalls (53.09%). Table 2-2: Distribution of the PAPs in Khanyounis Market by Sex Sex Stalls Shops Total No. 2,768 583 3,351 Male % 53.09% 52.15% 52.92% No. 2,446 535 2,981 Female % 46.91% 47.85% 47.08% Total No. 5,214 1,118 6,332 Education Most of the people who work in stalls in Khanyounis Market attained secondary education (about 46.37%), while only 17.83% of them attained higher education in universities. On the other hand, about 37.4% of people who work in permanent shops in the market were enrolled in universities, while 16.26% of them attained secondary education, and 46.34% attained basic education. As for their families, the majority of the PAPs, as illustrated in Table 2-3, are considered of low educational status seeing as 34.03% of them attained basic education, while 3.81% have never been to school and 19.06% are under age 6 years old. However, about 34.83% of the PAPs attained secondary education, and about 8.27% of them were enrolled in university. Table 2-3: Distribution of the PAPs in Khanyounis Market by Educational Status Education status Stalls Shops Total Pre-schooling age No. 1,013 194 1,207 (less than % 19.44 17.32 19.06 6 years) No. 208 33 241 Illiterate % 3.99 2.91 3.81 No. 1,802 353 2,155 Basic % 34.55 31.59 34.03 No. 1,784 422 2,206 Secondary % 34.22 37.73 34.83 No. 407 117 524 University % 7.81 10.45 8.27 Total No. 5,214 1,118 6,332 Page | 21 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Place of Residence As shown in Figure 2-1, the majority of the owners of stalls that are found in the Khanyounis Market, lives in Khanyounis Governorate. These account for 69.80% of the total number of Wednesday Market stalls, while about 17.5% of them live in Gaza Governorate and the remaining 12.7% is almost equally distributed between Rafah, North Gaza, and the Middle Governorates. About the quarter of these stalls are permanent stalls that work in the market every day, while the others work in Khanyounis Market on Wednesdays only. Distribution of the PAPs by Place of Residence - Stalls Rafah Governorate 4.40% Khanyounis Governorate 69.80% Middle Governorate 3.90% Gaza Governorate 17.50% North Gaza Governorate 4.40% 0.00% 20.00% 40.00% 60.00% 80.00% Figure 2-1: Distribution of the Stalls Owners in Khanyounis Market by Place of Residence The distribution is different for the shops owners, as illustrated in Figure 2-2, that the vast majority of shops owners lives in Khanyounis Governorate, about 97. 6%. While the remaining 2.4% of them live in Rafah. This difference is justified by the different nature of their activity; i.e. most of the owners of stalls usually work in other weekly public markets along the Gaza Strip, while those of shops work in their shops during the whole week, thus they will be living in areas that are close to their work. Distribution of the PAPs by Place of Residence - Shops Rafah Governorate 2.40% Khanyounis Governorate 97.60% 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% Figure 2-2: Distribution of the Shops Owners in Khanyounis Market by Place of Residence Page | 22 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Type of Business Wide variety of goods are found to be sold in Wednesday Market, these include clothes and shoes, detergents, furniture, fruits and vegetables, sweets, accessories, electrical and plumbing tools, scrap and others. Figure 2-3 shows that stalls where clothes and shoes are sold count for 30.40% among other types of stalls in the Market, while 18.00% of the stalls are used to sell fruits and vegetables. Distribution of the Stalls by their Types Furniture 1.10% 1.40% clothes and shoes 30.40% 8.50% Mobile Accessories 0.80% 4.50% Electrical Tools 4.10% 1.20% Building and maintenance tools 1.10% 4.50% Houseware 5.60% 1.10% Food and Sweets 4.10% 13.60% Fruits and vegetables 18.00% 0.00% 10.00% 20.00% 30.00% 40.00% Figure 2-3: Distribution of the Stalls by their Type Meat and food products that need to be refrigerated and kept away from the sun are what can be found more in shops rather than in stalls, while clothes and shoes along with other products were found both in shops and in stalls. Figure 2-4 shows that 28.60% of shops are used to sell clothes and shoes, while 17.90% of them are used to sell meat. Distribution of the Shops by their Type Furniture 2.40% Stationery 1.60% Electrical Tools 2.40% Accessories & Miscellaneous 4.80% Barber 1.60% Blacksmith 1.60% Carpentry 4.40% Resturant 3.30% Detergents 4.30% Houseware 5.70% Grocery 11.60% Fruits and vegetables 9.80% Meat 17.90% clothes and shoes 28.60% 0.00% 10.00% 20.00% 30.00% 40.00% Figure 2-4: Distribution of the Shops by their Type Page | 23 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Daily Income The daily income from each stall varies according to its value, size and type of business. Figure 2-5 shows that 28.90% of stalls owners earn less than 50 NIS per working day (about 14 US$), while about 35.16% of them earn between 50 to 100 NIS per working day (14 to 28 US$), and about 35.94% of them earn more than 100 NIS per day (about 28 US$). Distribution of Average Daily Income in Stalls 14.19% Less than 50 NIS 28.90% 50 to 100 NIS 21.78% 101 to 200 NIS More than 200 NIS 35.16% Figure 2-5: Distribution of Average Daily Income in Stalls Income from shops is usually higher than that from stalls following the larger size of shops over stalls, the longer time they work, and the type of goods they sell. Figure 2-6 shows that about 59% of shops owners in Khanyounis Market earn between 100 to 500 NIS per day (28 to 140 US$), while about 32.5% of them earn less than 100 NIS per day (28 US$), and about 9% of them earn more than 500 NIS per day (140 US$). Distribution of Average Daily Income in Shops 2.50% 6.50% Less than 100 NIS 32.50% 100 to 500 NIS 501 to 1000 NIS 58.50% More than 1000 NIS Figure 2-6: Distribution of Average Daily Income in Shops Page | 24 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Vulnerability Further information was gathered during the census survey to help in assessing vulnerability among the PAPs in the market, following are some of the main findings regarding this issue:  No people with disabilities and/or special needs are found among the traders and workers in the market area, however, some dependents of the workers and traders (145 persons) are people with disabilities but they are at home and they are not found in the market, thus they are indirectly affected in case of loss of income of their households. Thus, the main help for these persons is to compensate their households (i.e. the workers and traders) for the loss if income to continue their obligations towards these vulnerable persons at home.  During the census survey, the majority of the PAPs reported having a health insurance, about 79.5% among stalls owners, and about 55.3% among shops owners.  Regarding receiving financial aids and/or in kind support, only 10% of the shops owners reported that they do receive such assistance either from the Ministry of Social Affair or from the United Nations Relief and Works Agency (UNRWA). The percentage is slightly higher among stalls owner (about 17.4%).  All of the main PAPs devote their whole salary to house expenses. However, about 62.2% of them can hardly fulfil less than half of the house expenses, while about 17.8% of them can cover the whole expenses. 2.2.2. Socio-economic Characteristics for Private Lands PAPs The number of private lands owners who were found to be exposed to possible involuntary resettlement is three. While the total number of PAPs including the family members of these three landowners is 18 persons, where the average family size is six per each household. The main three PAPs aged 33, 40 and 50 years, and are considered of low and medium educational status seeing as they attained either basic or secondary education. Their economic condition is good and none of them uses the expropriated land as a source of income. (Full information for each PAP is provided in Annex 2 (c)) Education, age, and gender structure As for the total number of PAPs including family members, 40% of them attained universities, all of which are females, while 30 % are of basic education, 20% attained secondary schools, and 10% are under age 6 years old. Individuals aged (11-20) years have the highest percentage among other age groups in the total number of private lands PAPs as they count for 40% of the total number of PAPs. Females count for half of this percentage. While individual’s aged (0-10) count for 30%. Two thirds of this percentage are females. Page | 25 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 3. Policy and Legal Framework This Resettlement Action Plan (RAP) follows the provisions specified under the World Bank OP 4.12 on Involuntary Resettlement. The RAP also takes account of local laws and regulations set by the Palestinian Authority (PA). Therefore, this chapter of the report describes the World Bank OP 4.12, along with the existing Palestinian legal and policy framework for land acquisition and expropriation. It also highlights the gaps between the national legislations and the World Bank policies related to involuntary resettlement and provides practical procedures to bridge these gaps. Moreover, the chapter discusses the institutional framework regarding the implementation of this RAP. 3.1. World Bank OP 4.12 Any Bank financed project that triggers OP 4.12 is required to follow the provisions outlined in the policy and develop the appropriate instruments depending on the type of project. A Resettlement Action Plan (RAP) that conforms to this policy is a condition of appraisal for projects that entail involuntary resettlement, when the impacts on the entire displaced population are major, or when more than 200 people are displaced. 3.1.1. Policy Objectives The overall objectives of the Bank's policy on involuntary resettlement are the following:  Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs,  Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs,  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 3.1.2. Covered Impacts and Eligibility Criteria Direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of land resulting in relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons must move to another location, are covered by this policy. To address these impacts, different measures are required to be implemented after the identification of the affected persons. The criteria, by which affected persons will be deemed eligible for compensation and other resettlement assistance, classify the affected persons in one of the following three groups: 1. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country). Those are provided compensation for the land they lose, and other assistance. 2. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets-provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan. Same as the first group, those are provided compensation for the land they lose, and other assistance. Page | 26 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 3. those who have no recognizable legal right or claim to the land they are occupying. Those are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in the three groups are provided compensation for loss of assets other than land. 3.2. Palestinian policy and legal framework for land acquisition 3.2.1. Land Acquisition Law3/2011 Law No. 3 of year 2011 concerns with land ownership, acquisition and compensations. This law comes to amend Law No. 2 of year 1953, which modifies Law No. 24 of year 1943. The law stipulates all regulations and procedures related to the acquisition of private land for the purpose of public interest projects. It defines the meaning of public interest projects and presents the entitlement requirements including land registries and ownership documents needed to prove the affected person entitlement to compensation. It also regulates the cases where disputes over ownership may occur. According to Article 21 of this law, the Government can expropriate up to 25% of any privately- owned land for public interest reasons – without compensating the owners. Exceptions are made to owners who prove to be largely damaged by this land expropriation. However, owners are entitled to compensation for all crops and trees, buildings and fixed structures on the expropriated 25% area of the land. In case the Government needs the whole plot of land, negotiations are made to reach an agreement with owners. However in case of pressing time demands to expropriate land to a specific project serving public interest, the Government is entitled to seize the land immediately and then to initiate compensation negotiations with owners/users (Law 2/1953, Article (12)). 3.2.2. Division Projects, Decree of the Council of Ministries No. 1 of year 2016 On May 31, 2016, a Ministerial Decree on building and planning code for lands that are not included in master plans was issued. According to article (3), no. (1), of this decree, land parcels can be divided into number of lots, where the area of each lot is not less than one donums, provided that the area in which the parcel is located is considered a low-value agricultural land as per the Protection Plan for Natural Resources and Archaeological Sites. Medium-value agricultural lands can also be divided into lots, where the area of each lot is not less than two donums and a half, under the following conditions:  A detailed plan that includes lots' division, roads planning, and public facilities, should be prepared; if the area of the parcel to be divided is larger than five donums, provided that the percentage of lands allocated for roads and public facilities is limited to a maximum of 30% from the total area, and that the percentage of lands allocated for public facilities is not less than 7%,  If the area of the land parcel to be divided is less than five donums, then the preparation of a detailed plan is not required. Page | 27 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report An application of this decree is found in the land of ST-015A reservoir site in Rafah, where a land that is owned by two owners was divided and part of the land was allocated for a public facility (owned by the Municipality of Rafah). This part has then been allocated by the municipality for the construction of the reservoir. 3.2.3. Legal procedures adopted for land acquisition According to the land ownership (Private, Municipal, or Governmental), different procedures are adopted and different authorities and entities are involved in land acquisition process, these include:  Palestinian Water Authority (the owner of the project) (PWA)  Palestinian Land Authority (PLA)  Ministry of Local Governance (MoLG)  Municipalities (Al Buraij, Al Nusairat, Deir Al Balah, Al Zawayda, Al Qarara, Abassan Al Jadeeda, Khanyounis and Rafah)  The Central Committee  The Cabinet (General Secretariat of the Cabinet)  Ministry of Agriculture (MoA)  Ministry of Finance (MoF)  Project affected persons (Land Owners) Private Lands Out of the 12 sites allocated for the construction of reservoirs and pumping stations, six sites were privately owned. In order to acquire these private lands, PWA follows the following procedure: 1. PWA identifies the lands required by the project. Thereafter, they communicate with the municipality in order to verify the ownership of lands after receiving the maps and coordinates from the PWA, 2. The municipality applies the procedures required to change the type of land use. The first step is contacting the land owners to get their initial approval for land swapping, 3. The land owners, through the municipality, provide their approval for swapping their land with a governmental land, 4. Thereafter, the municipality forwards the documents to the Ministry of Local Governance who raise the land acquisition to the Central Committee responsible of land acquisition for public benefit, 5. The recommendations raised by the Central Committee are then presented to the Infrastructure committee and the Higher Committee for Governmental Lands for their approval, 6. The General Secretariat of the Cabinet approves the recommendations of the Infrastructure Committee for land acquisition, and then it asks the PLA to complete the acquisition procedures and to duly compensate the land owner, 7. PLA and the Municipality form a committee of five officials1 to provide a compensation estimate. Evaluations are based on current land values and prices to land of similar quality. 8. In case of having any crops and trees, the Ministry of agriculture provides detailed valuation list of the affected crops/ trees 9. Details of all land units included in the Prime Ministerial decree are announced, including names of owners and the number and description of the units. 1 The officials are the regional directors of the Ministry of Public Works; MoF; and MoA together with a representative of the PLA and the Audit Bureau. Page | 28 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 10. Affected persons have 30 days to discuss compensation with concerned authorities. Owners have the right to object to the offered compensation and may request mediation. 11. Municipality/PLA may form a second committee to conduct a second evaluation 12. They propose the alternative lands to be given to the PAPs 13. The level of compensation is finalized upon ratification by the Ministry of Finance. 14. If no agreement is reached, owners have recourse to Courts Municipal Lands 1. PWA communicate with the concerned municipality regarding the allocation of a land within its boundaries with specific characteristics, 2. The municipality investigates the location, area, and technical specifications of the required land and select a municipal land that better matches the required specifications, 3. PWA technically studies the site proposed by the municipality 4. Once the site is agreed upon, the municipality allocates the specified land for the construction of the proposed facility and issues the required documents after getting the approval from the MoLG. Governmental Lands 1. PWA communicate with the PLA regarding the allocation of a specific land with specific characteristics, 2. The technical committee of the PLA investigates the technical specifications of the required land 3. The technical committee prepares a report that includes the survey results including coordinates, land parcel and lot numbers, land use, and the presence of any encroachments, crops, trees, and/or buildings. 4. The report is presented to the Central Committee, 5. The Central Committee raised its recommendations regarding the acquisition of the land to the Higher Committee for Governmental Lands, 6. The Higher Committee for Governmental Lands issues the land acquisition decree and assign the PLA to complete the acquisition procedures and to prepare the relevant documents 7. The PLA hands over the site and determines its borders on the ground 8. In case there are encroachments, encroachers are contacted to remove their assets within one week 9. If the encroachers did not respond, the Governmental Properties General Directorate at PLA issues a decree to execute the land acquisition decision by force. 3.3. Gaps between the Palestinian legislations and the WB safeguard OP 4.12 Palestinian legislations are broadly consistent with the OP 4.12. This includes:  The requirement to pay compensation where land is involuntary acquired  The requirement to compensate for losses, whether temporary or permanent in production or damage to productive assets and crops; and  The provision for pre-judicial avenues for resolution of disputes and rights of appeal. There are, however, specific areas where provisions required under OP 4.12 extend beyond those required under Palestinian legislation. Gaps between the Palestinian legislations and the WB safeguard OP 4.12 along with the strategies adopted or proposed to bridge these gaps are illustrated in Table 2-1 below. Page | 29 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 3-1: Gaps between the Palestinian Legislations and the WB safeguards Gaps Strategies to bridge the gap The cut-off date: The WB identifies a cut-off date For governmental lands, the date of in order to prevent people influx to the project the allocation decree for each land is area. This measure is stipulated in order to protect considered as the cut-off date. While the project owner and preventing wasting of for private and municipal lands, the resources. The Palestinian laws never set a cut-off date of census is considered as the date cut-off date. Monitoring and Evaluation: Monitoring or The client will ensure that evaluation measures are not stipulated in appropriate monitoring and Palestinian regulation. Lack of the necessary legal evaluation mechanisms are in place provision needed to put in place monitoring and to ensure that principles and stated evaluation measures can negatively impact the objectives of the RAP are met. accountability and transparency programs and plans may not be able to benefit from corrective action in cases of mistakes nor receive rewards in cases of good performance Resettlement planning and procedural PWA in compliance with the WB requirements: There is presently no requirement procedures prepared a Resettlement to prepare a formal Resettlement Action Plan (RAP) Action plan under Palestinian law, nor to undertake any of the The project carried out informed component activities of a resettlement action plan consultations with affected parties such as, a ‘census’, socio-economic survey, and other stakeholders during early consultation with project affected people, project preparation, through ESIA and monitoring or reporting. There are no specific RAP consultation. references in the legislation to ‘involuntary resettlement’. Also, there is no explicit consultation requirement in Palestinian law Compensation eligibility in Palestine: The This does not apply to the current categories of people who must be compensated project since all identified PAPs and under Palestinian legislation are narrower than their assets are legal residents in the those defined under OP 4.12. Under the project area and have legal title to legislation, the only people and entities entitled for their assets for which compensation compensation are those with registered property in proposed. rights, for example, registered landowners, occupants, users and those with registered third party rights or those who have legally obtained the right to register their title but whom, for some reason, have not completed registration. This potentially disqualifies many categories of affected people that would be entitled to compensation under the OP 4.12. Page | 30 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 3-1: Gaps between the Palestinian Legislations and the WB safeguards Gaps Strategies to bridge the gap Property valuation: Under the WB safeguard The regulations of the WB should be policies, compensation for lost properties will be considered during the process of calculated based on full replacement cost, in other property valuation. Full replacement words, compensation should be equal to what cost should be highlighted enables the Project Affected People (PAP) to restore their livelihood at the level prior to the resettlement. Under the Palestinian law, compensation is equal to the market value of lost properties, but there is no explicit reference to depreciation. Income restoration: Under the OP 4.12, loss of The regulations of the WB should be income resulting directly from project considered during the process of implementation should be compensated for. compensation. Palestinian law, however, does not recognize compensation for such lost income. Transitional support: The Palestinian Law related If such individuals are found in the to expropriation does not stipulate any transitional project as needing transitional support activities. As well as, the owner of the support, they will be covered by the project (the Palestinian Water Authority is not the project. implementing agency for land acquisition) consequently, the provision of transitional support will be relatively difficult to be obtained. Page | 31 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 4. Audit of the Allocated Lands before the Preparation of this RAP As discussed in section 2.1.2 of this report, the land acquisition procedures for nine out of the total 12 project sites were either completed or ongoing during the preparation of this RAP. Therefore, these nine lands went through an auditing process to ensure that the land acquirement procedures that were followed are in line with the WB Safeguard OP 4.12. The lands covered in this auditing process are the lands that were purchased/exchanged by the concerned municipalities (Group 2) along with the governmental lands (Group 3) that were allocated for the construction of different project components. As for the purchased lands, the main objective of the auditing process was to ensure that the seller was provided with fair compensation based on prevailing market values and that no pending issues, including claims or court cases, exist on the land. In addition, some points were discussed during the consultation with the original landowners (See section 5.2) to ensure that the agreements were done without any kind of pressure on the seller (landowner), and that the seller is aware of his/her right in negotiating the price and in refusing to sell. On the other hand, the main objective of auditing the procedure of acquiring governmental lands was to ensure that no encroachments or claims were found on the land and that if any encroachments/claims were found, then the case is properly tackled and the persons found in this case are provided compensation and/or resettlement assistance. To achieve these objectives, an iterative process of information gathering was conducted. The collected information includes the land location and area, the original and the current ownership of the land, the process through which the lands (Method of acquisition, date of acquisition, and status of acquisition process), and the type and amount of compensation paid/provided. The collected information also includes the pending issues on the land (if any), the claims on the land or any court cases going on. Table 4-1 summarizes the results of the auditing process for each land. The main findings of the auditing process can be summarized as follows:  The six governmental lands were acquired following the normal procedures for acquiring governmental lands, and no encroachments were found on these sites during the preparation of the RAP. A delay in finalizing the allocation decree by the PLA of the Rafah site for S-01 Booster PS has occurred. However, it is expected to be finalized by August 30, 2019.  One of the municipal lands (ST-015A reservoir site) has been acquired as part of a land division project. While the other two lands (ST-006B reservoir site, and ST-017 reservoir site) have been acquired following a willing buyer-willing seller approach. The acquisition procedures for ST-006B reservoir site are completed and the owner is fairly compensated. While the procedures of the ST-017 reservoir site are still ongoing; as the landowner has not been provided with the compensation yet, however, he has no problem with this delay, as he willingly signed an official document, in which he allows the municipality to immediately use the land for the construction of the reservoir. However, based on the consultation with the owner and the municipality, it is expected to finalize the deal by the end of August 2019. The compensation agreement was based on Land for land replacement based on full replacement value, taking into account market values for land of same type and category and productive capacity. Page | 32 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 4-1: Auditing of Land Acquirement Procedures for Municipal lands (Group 2) and Governmental lands (Group 3) Site Component- Original Current Date of Compensation Location Area Method of Acquisition Findings Package Ownership Ownership Acquisition status (m2) Compensation: The municipality bought the land at full replacement cost according to the prevailing market value. A sale agreement has been signed between the municipality and the landowner on February 21, 2017, based on which the Willing buyer-willing municipality paid the contract seller: The land has been ST-06 value for the landowner on acquired based on a sale February 21, Reservoir- Al Nusairat 1,000 Private Municipal four payments, where the Completed agreement between the 2017 Package 2 final payment was on municipality and the owner. February 21, 2018. Being cash compensated was the owner choice, and he is satisfied by the agreement (See section 5.2 on consultation). Pending issues: No pending issues or court cases exist. Documents: See Annex 3(d) for the agreement and the land acquisition documents. Compensation: In the Willing buyer-willing ST-017 agreement, the landowner Abassan Al seller: The land has been February 24, Reservoir- 1,200 Private Municipal admits his willingness to Ongoing Jadeeda acquired based on an 2019 Package 2 provide the land for the agreement between the municipality on the basis of Page | 33 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 4-1: Auditing of Land Acquirement Procedures for Municipal lands (Group 2) and Governmental lands (Group 3) Site Component- Original Current Date of Compensation Location Area Method of Acquisition Findings Package Ownership Ownership Acquisition status (m2) municipality and the land exchange or cash landowner. compensation if the land exchange with the PLA is not possible the municipality will pay cash for the landowner at full replacement cost according to the prevailing land market value. Pending issues: the landowner has not been provided with the compensation yet, however, he has no problem with this delay, as he willingly signed an official document, in which he allows the municipality to immediately use the land for the construction of the reservoir (See section 5.2 on consultation). Documents: See Annex 3(g) for land acquisition and agreement documents. Division project: The June 24, Compensation: The owners Municipality of Rafah have willingly introduced the ST-015A (Al 2015 for became the owner of the division project to the Salam) parcel no. Rafah 1,500 Private Municipal site's land based on two municipality. As discussed in NA Reservoir- 20, and division projects in parcel section 3.2.2, the landowner is Package 1 March 20, no. 19 and parcel no. 20 not entitled for any kind of in Rafah, through which a 2019 for compensation in such cases, Page | 34 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 4-1: Auditing of Land Acquirement Procedures for Municipal lands (Group 2) and Governmental lands (Group 3) Site Component- Original Current Date of Compensation Location Area Method of Acquisition Findings Package Ownership Ownership Acquisition status (m2) land of 750 m2 was parcel no. since the percentage of lands allocated for a public 19 allocated for roads and public facility from each of the facilities, as part of the division divided parcels (See project, should be limited to a section 3.2.2 of this maximum of 30% from the total report). area. In this case, the percentage is 26%. Pending issues: No pending issues or court cases. Documents: See Annex 3(k) for the land division and acquisition documents. Land allocation: The Encroachments and/or claims: normal procedure for neither encroachments nor Main PS- March 7, Al Qarara 6,000 Governmental Governmental allocating governmental claims were found in the site. Completed Package 1 2017 lands was followed (See Documents: See Annex 3(a) for section 3.2.3 of this land acquisition documents. report). Encroachments and/or claims: Not finalized a local farmer, who has no legal Land allocation: The yet. attachment to the land, was normal procedure for Expected to encroaching the land to S-01 Booster allocating governmental Rafah 1,800 Governmental Governmental be finalized cultivate seasonal crops NA PS- Package 1 lands was followed (See in August, (tomato) during the 2016-2017 section 3.2.3 of this 2019 season and he was allowed at report). that time to use the land until the end of the season to Page | 35 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 4-1: Auditing of Land Acquirement Procedures for Municipal lands (Group 2) and Governmental lands (Group 3) Site Component- Original Current Date of Compensation Location Area Method of Acquisition Findings Package Ownership Ownership Acquisition status (m2) harvest his crop. And he is not there anymore. Documents: See Annex 3(b) for land acquisition documents. Land allocation: The Encroachments and/or claims: normal procedure for ST-011 neither encroachments nor allocating governmental August 30, Reservoir- Khanyounis 2,880 Governmental Governmental claims were found in the site. NA lands was followed (See 2016 Package 1 Documents: See Annex 3(h) for section 3.2.3 of this land acquisition documents. report) Land allocation: The Encroachments and/or claims: normal procedure for ST-033B neither encroachments nor allocating governmental August 30, Reservoir- Khanyounis 3,000 Governmental Governmental claims were found in the site. NA lands was followed (See 2016 Package 3 Documents: See Annex 3(i) for section 3.2.3 of this land acquisition documents. report) Land allocation: The Encroachments and/or claims: normal procedure for ST – 015B neither encroachments nor allocating governmental August 30, Reservoir- Rafah 1,800 Governmental Governmental claims were found in the site. NA lands was followed (See 2016 Package 1 Documents: See Annex 3(j) for section 3.2.3 of this land acquisition documents. report) Land allocation: The Encroachments and/or claims: normal procedure for ST-039 (TRC) neither encroachments nor allocating governmental August 30, Reservoir- Rafah 1,800 Governmental Governmental claims were found in the site. NA lands was followed (See 2016 Package 3 Documents: See Annex 3(l) for section 3.2.3 of this land acquisition documents. report) *: The land has been acquired but the compensation process is still ongoing Page | 36 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5. Resettlement Action Plan This chapter includes the main components of the resettlement action plan, including eligibility criteria, valuation and compensation, along with consultation, disclosure and grievance procedures, as well as monitoring and evaluation mechanisms and institutional arrangements. 5.1. Eligibility Criteria, Valuation and Compensation This section provides information about the following issues:  Eligibility criteria of persons entitled to receive compensation under this project.  Description of valuation procedures used to establish compensation rates for land, and loss of income.  Description of arrangements for delivery of compensation to displaced persons  Compensation rates for land, and loss of income. 5.1.1 Eligibility Criteria and Entitlement Matrix As indicated previously in this report, the PAPs that will be impacted from this project are the owners of the expropriated lands and the shops and stalls owners in Khanyounis market. To be able to clearly define and recognize these PAPs, eligibility criteria was set as the following: Eligibility Criteria for Khanyounis market PAPs a. First criteria is the presence of the temporary stall and the permanent shops in the market along the route of the south carrier before the cutoff date, which is the 13th of March 2019. The presence of the stalls and shops was documented during the census that took place between 27th of February and the 13th of March 2019. b. Second criteria is the legality status of the stalls and shops. The temporary stalls are managed by the municipality of Khanyounis through a market contractor who knows the stall owners and the assigned location for each stall in the market. The permanent shops are directly managed by the Municipality where each shop has a license for trade practice. Eligibility Criteria for expropriated lands PAPs The eligibility criteria stated by the World Bank OP 4.12 safeguarded policy for compensation entitlement of expropriated lands is adapted in this RAP. Under the WB safeguard OP 4.12, PAPs are classified as: a. Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b. Those who do not have formal legal rights to land at the commencement of the census, but have a claim to such land or assets; provided that such claims are recognized under the law of the country or process identified in the resettlement plan. Table 5-1 presents the entitlement matrix for the people entitled for compensation under this project. Page | 37 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-1: Entitlement Matrix Type of loss Application Definition of Entitled No. of PAPs Compensation Policy Implementing Agency person Loss of land Loss of Land needed for Private landowner 1 Household Land for land  Palestinian Land Authority agricultural land Reservoir ST-01C at who have legal title to replacement based on with an area of Al Buraij the land full replacement value, 2,074m2 -Package 2- taking into account market values for land of same type and category and productive capacity. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Loss of Land needed for Private landowner 1 Household Land for land  Palestinian Land Authority agricultural land Reservoir ST-007 at who have legal title to replacement based on with an area of 840 Al Zawayda the land full replacement value, m2 -Package 2- taking into account market values for land of same type and category and productive capacity. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Page | 38 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-1: Entitlement Matrix Type of loss Application Definition of Entitled No. of PAPs Compensation Policy Implementing Agency person Loss of residential Land needed for Private landowner 1 Household Land for land  Palestinian Land Authority land with an area of Reservoir ST-009 at who have legal title to replacement based on 1,700 m2. The land Al Qarrara the land full replacement value, is empty with no -Package 1- taking into account buildings or any market values for land of assets. same type and category having the same municipal services. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Loss of trees Permanent Loss of Tress found in Private landowners 1 Household will Cash compensation  PWA pay the compensation trees Reservoir ST-007 that have legal title to lose 24 olive trees based on type, age and to PAPs location at Al the land productive value of  Ministry of Agriculture Zawayda to be affected trees. address the value of the removed to enable removed trees construction -Package 2- Loss of income Temporary Loss of Stalls found along Wednesday market 662 stall owner Compensation with a  PWA will disburse the income from the south carrier stalls owners along cash payment equal to compensations through the Wednesday stalls pipeline route inside the south carrier line their daily income from PWA onsite “CO” office the Wednesday route under the stall multiplied with  Municipality provide market construction, the number of support through the market recognized and Page | 39 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-1: Entitlement Matrix Type of loss Application Definition of Entitled No. of PAPs Compensation Policy Implementing Agency person registered during Wednesdays they will contractor to recognize the census and identified lose eligible stalls owners -Package 1- by the market contractor Temporary loss of Shops found along Wednesday market 123 shops Compensation with a  PWA will disburse the income from the south carrier permanent shop cash payment equal to compensations through the permanent shops pipeline route inside owners along the their daily income from PWA onsite GRC office the Wednesday south carrier pipeline the shop multiplied by  Municipality provide market route recognized and the number of days they documents and license of registered during will lose the shops census and identified -Package 1- by the Department markets of Khanyounis Municipality Temporary loss of Wednesday market Market contractor Wednesday Market Compensation with a  PWA will disburse the income from the contractor legally contracted contractor cash payment equal to compensations through the Wednesday market responsible for the with Khanyounis his daily income from PWA onsite GRC office by the contractor stalls found along Municipality the stopped stalls in the  Municipality provide the south carrier Wednesday market documents and contract pipeline route multiplied by the information with the number of days he will contractor -Package 1- lose Page | 40 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.1.2 Methodology of Assets Valuation and the Compensation The valuation methodology of the expropriated private lands, trees, and loss of income is vital for the RAP study in order to facilitate the compensation process. Table 5-2 gives a summary of the valuation process for various types of losses and impacts applied for this project. While Annex 4 gives a breakdown of the valuation and compensation values of the three types of loss found in this project. Table 5-2: Assets Valuation Mechanism Type of loss Valuation Mechanism Entity responsible for valuation Private lands A committee in the PLA is Palestinian Land Authority responsible for the valuating (PLA) of expropriated lands. Then the owner will be compensated based on Full Replacement value Land for land basis taking into consideration the market value. Trees Any affected tree(s) will be Ministry of Agriculture compensated for. The (MoA) Ministry of Agriculture has a standard price list of trees commonly cultivated in the Gaza strip .This list is used as the basis of compensation. The PAPs are also consulted regarding the valuation Loss of income in market Valuation of the loss of PWA and Khanyounis income of the stalls and Municipality through the shops owners and market market management contractor is based on the department value stated by each one of them during the consultation interviews and checked by the market management department of Khanyounis municipality contractor how has the required experience regarding the market incomes. 5.1.3 Arrangement for Delivery of Compensation As illustrated in the entitlements matrix, there are three main types of compensations; namely, land for land compensation and cash compensation for loss of trees and loss of income in Khanyounis market. The arrangements for delivering these compensations are presented hereafter. Arrangements for delivering compensations for the loss of income in Khanyounis market  PAPs were consulted with during the preparation of the RAP in order to provide them with the required information regarding the project details, their concerns, expected Page | 41 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report damage especially income loss, their rights, valuation procedures and grievances and redress mechanism.  The loss of income from Khanyounis market income due to the construction of the south carrier has been valuated based on the consultation with PAPs and experience of the Khanyounis municipality market department. It was agreed by the PAPs during consultations (Stalls and shops owners, market contractor) that they will be compensated by the same value of their daily income. An inventory of all PAPs was prepared and a list of their names and compensation value has also been prepared.  The total value of compensations will be added by PWA to the Project budget with the approval of the project donors.  The compensations will be delivered to the affected persons through the grievance redressal officer (GRO) based in the complaint office (CO) that will be opened on the project site. They will take either a bank check or a cash payment with a documented receipt.  The payments will be made not later than two weeks before starting the construction of the pipeline in the market section. The disbursement of the payments are expected to be made between the 15th of September and the 15th of October 2019. Arrangements for Delivering Compensations for the Expropriated Private Lands As mentioned previously, three private lands are expropriated for the purpose of building water reservoirs. The arrangements of delivering compensations are as follows:  PAPs were consulted with during the preparation of the RAP in order to provide them with the required information regarding the project details, the piece of lands that will be expropriated, their concerns, expected damage, their rights, valuation procedures and grievances and redress mechanism.  Palestinian Land Authority (PLA) started the application of the standard procedure for land expropriation based on the Full Replacement Approach of the expropriated lands. A valuation committee from PLA visited and valuated the lands and the owners were informed of their land value. Based on land for land bases, PLA will give each owner an equivalent governmental land based on the valuation made and in accordance to the WB OP 4.12 requirements.  The three landowners will receive the replacement land prior to the construction of reservoirs on their expropriated lands. The construction is expected to start on the middle of September 2019 and the handover of replacement lands is expected to be made between the 1st and 30th of August 2019. Arrangements for delivering compensations for the loss trees  One of the expropriated lands is cultivated with 24 olive trees.  The owner of this land was consulted regarding the expected compensation of these trees. The ministry of agriculture was also consulted and provided a valuation for these trees. A compensation value was reached and accepted by the owner.  The total value of compensations will be added by PWA to the project budget with the approval of the project donors.  The compensations will be delivered to the trees owner through the grievance redressal officer (GRO) based in the complaint office (CO) that will be opened on the project site. He will take either a bank check or cash payment with a documents receipt.  The trees owner will receive the cash compensation prior to the construction of reservoirs on his expropriated land. The disbursement of the payment is expected to be made between the 1st and 30th of August 2019. Page | 42 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.2. Consultation, Disclosure and Grievance Procedures Effective resettlement planning requires regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, or that believes it is affected by, the project; and any individual or group that can play a significant role in shaping or affecting the project, either positively or negatively. Early consultation helps to manage public expectations concerning the impact of a project and its expected benefits. Subsequent consultations provide opportunities for the sponsor and people affected by the project to negotiate compensation packages and eligibility requirements, resettlement assistance, and the timing of resettlement activities. Moreover, a grievance redress mechanism should also be in place to ensure that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. And the RAP should be made available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. The following sections will discuss the stakeholders' identification, engagement and consultation, including the main concerns that were raised during the different consultation activities. The sections also discuss the proposed disclosure requirements and grievance redress mechanism. 5.2.1. Stakeholders Identification In order to capture stakeholders, who are directly or indirectly affected by the project (project-affected people) along with other relevant stakeholders, two approaches were adopted as follows: 1. Identification of stakeholders based on geographical location : PAPs in Khanyounis Market were identified based on their location, i.e. the market is located along part of the Sikka Road and its branches in Khanyounis City, where the South carrier line and one of the transmission mains are proposed to be aligned. All traders along these segments of the roads were considered to be directly affected by the project. 2. Identification of stakeholders based on their interest and influence, namely :  Owners of the lands that were allocated for the construction of reservoirs and pumping stations,  National public institutions concerned with the project, e.g. Palestinian Land Authority,  Local public institutions concerned with the Project, e.g. the municipalities of Al Buraij, Al Zawayda, Al Qarara, Abassan Aljadeeda, Al Nusairat, and Rafah,  Potential affected businesses, e.g. the Market Contractor in Khanyounis Market 5.2.2. Stakeholders Engagement and Consultation Taking into account the diversity among stakeholders concerned with the project, different methods and tools were applied for consultation. As discussed earlier in this report, the two main groups of PAPs are the people affected in Khanyounis Market due to the construction of the South carrier, and the owners of private lands that were expropriated for the construction of water reservoirs. The following sections will discuss the consultation activities that took place during the course of the study to ensure the proper engagement of the identified PAPs and other relevant stakeholders. Page | 43 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Khanyounis Market Khanyounis Market, as a public market, contains a large number of traders. Thus, to ensure the involvement of each of these traders during the consultation process, a survey was carried out, where questionnaires were used to collect baseline socioeconomic characteristics of them, and semi-structured interviews were conducted to allow enough conversation so that participants can introduce and discuss topics that are relevant to them. Moreover, individual meetings with the market contractor and representatives of Khanyounis Municipality were conducted. Questionnaires Pretested and structured questionnaires via face-to-face interviews, which targeted all traders (about 785) found in the market area during the period from February 27, 2019 and March 13, 2019, were used to collect baseline socioeconomic data of the PAPs (See Figure 5-1). Figure 5-1: Photos during the Questionnaire Survey in Khanyounis Market The questionnaires were designed to gather demographic, social, and economic information from among the affected people. The collected information includes PAPs contact information, age, education, family size age and education status of family members and people with disabilities among them, along with information about their enterprises including the type and value of business, number of workers, number of working days, and average daily income. Moreover, information regarding other sources of income was also gathered, along with information on the presence of health insurance and any financial aid or in kind support. The questionnaire template is attached in Annex 2. The results of the statistical analysis of the collected data were discussed in Chapter 2 of this report. Moreover, the collected data was mainly used during the preparation of valuation and compensation strategies. Semi-structured interviews Semi structured interviews were conducted with the traders in Khanyounis Market during the period from February 27, 2019 to March 13, 2019 to draw upon their attitudes, feelings, and reactions toward the impacts of the proposed project (The possibility of sustaining their activity during the construction phase, percentage of income decrease and for how long the decrease is expected to last). Moreover, they were asked to suggest mitigation measures and possible alternative locations and to describe their concerns regarding the application of some mitigation measures such as moving their enterprises to alternative location. The interview Page | 44 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report template is attached in Annex 5 (a) and (b). The PAPs were informed about the grievance redress mechanism that will be in place during the construction period. Photos from the conducted interviews are provided in Figure 5-2. Figure 5-2: Photos during the Interviews with PAPs in Khanyounis Market All interviewed traders in the market expect losses during the construction phase as it will reduce the customers and sales for shops and will prevent stalls owners from placing their stalls in the market due to excavation activities. The main concerns and recommendations that have been raised by the PAPs during the interviews can be summarized as follows:  The stalls owners consider moving their stalls to an alternative place as an infeasible solution that will severely affect their activity. One of the interviewed people said: "People come to us as part of the public market; nobody will come if we moved to another place. If you moved the whole market, then we can move".  Cash compensation that is calculated based on the PAPs daily income is considered a fair and adequate compensation by the PAPs. This compensation should include each day they will not be able to work on due to the construction activities.  Construction activities in the market area should not last for a long period of time.  People who are eligible for compensation are those were found in the market during the census. People who were absent during the census but are known to be working in the Market will be included among the affected population and will be compensated.  Compensation payments should be made before any construction activity takes place. Individual Meetings The Municipality of Khanyounis and the market contractor were approached through individual meetings, where the project components, locations and drawings were reviewed Page | 45 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report and the alternative locations to where the market can be moved were discussed. The general opinions and concerns from the interviewed personnel were incorporated and addressed within this report. The feedback, comments, and concerns of each interviewee are summarized below. Photos during different meetings can be found in Annex 5 (c).  The Municipality of Khanyounis On February 25, 2019, Eng. Saad Ashour, Director of the mayor's office, and Mr. Ahmed Safi, Head of Markets Management Department, were interviewed and noted the following:  There are many permanent shops and stalls that work daily in the market area and there are also the temporary stalls that can be found only on Wednesdays and/or Fridays,  The public Market is divided into two main parts, a Western part and an Eastern part, according to the drawings and discussions with PWA, the South carrier is proposed to pass along the Western part, where temporary stalls can only be found on Wednesday,  Moving the public market to other locations is complicated as it is associated with different challenges including the need for new traffic plans and new sufficient space that can accommodate the large number of stalls,  It is recommended to conduct the construction on several phases to reduce the period of construction and to allow for mitigation plans for traders,  The trade practicing license for each shop will be provided to help in determining the shops that are eligible for compensation. Moreover, contract information between the municipality and the market contractor can also be provided,  The municipality will help in coordinating the census and consultation for traders in the market,  The municipality can help in the verification of the valuation of compensation for PAPs in the Market based on its experience regarding the average income for different enterprises in the market.  The Market Contractor On February 25, 2019, Mr. Anwar Abu Maroof, Khanyounis Market Contractor, was interviewed and noted the following:  There are about 700 stalls in the Western Part of the Market area. Most of these stalls can be found only on Wednesday,  Each stall has its own location that cannot be easily changed due to any reason, however there are no available maps or sketches for the distribution of stalls in the market,  According to mentioned policy regarding the cut-off date, stalls that are eligible for compensation can be recognized as I know all stalls in the area and the time they started working in Khanyounis Market. Expropriated Private Lands As discussed previously in this report, three out of five private landowners were identified as main PAPs regarding land acquisition. These PAPs were consulted regularly during the preparation of this RAP, and questionnaires were used to collect baseline socioeconomic characteristics of them. Moreover, the other two landowners were also approached through individual meetings along with the concerned municipalities and the Palestinian Land Authority. Page | 46 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Questionnaires Pretested and structured questionnaire was used to collect baseline socioeconomic data of the three identified PAPs. The questionnaire was designed to gather demographic, social, and economic information from among the affected people. The collected information includes PAPs contact information, age, education, family size, age and education status of family members and people with disabilities among them, along with information about their economic status. The results of the statistical analysis of the collected data were discussed in Chapter 2 of this report. Individual Meetings The landowners along with the concerned municipalities were approached through individual meetings, where land acquisition procedures and documents for the private and municipal lands were reviewed and discussed, and where the landowners were informed about the GRM that will be in place to handle their complaints. Moreover, the Palestinian Land Authority was also interviewed to discuss the procedures for acquiring governmental lands and the legal procedures for private land expropriation. The project components, locations and land acquisition document were reviewed during the meeting. The general opinions and concerns from the interviewed personnel were incorporated and addressed within this report. The feedback, comments, and concerns of each interviewee are summarized in Table 5-3. Photos during different meetings can be found in Annex 5 (c). Page | 47 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-3: Summary of the Key Stakeholders Meetings and Outcomes Person Institution Location Date Issue Discussed Main Outcomes Municipalities Mahmoud Issa-Mayor Municipality of Al Al Buraij February 28, 2019 Procedures and documents  The municipality get the landowner's initial approval for the Mahmoud Tabash- Technical Buraij regarding the acquisition of a land exchange process and then followed the normal Department private land for the procedure with the MoLG and the PLA, Farid Lulu-Legal Adviser construction of ST-001C  There are no available lands for exchange in Al Buraij Reservoir in Al Buraij Municipality, however, the municipality is very keen to get a fair and adequate compensation for the landowner and is facilitating negotiations between PLA and the landowner, Ayman Abu Swairih-Mayor Municipality of Al Al Zawaida February 24, 2019 Procedures and documents  The municipality get the landowner's initial approval for the Zawaida regarding the acquisition of a land exchange process and then contacted the MoLG and it is Ayed Zuhud-Planning private land for the currently following up the expropriation procedure with the Department construction of ST-007 PLA Reservoir in Al Zawaida Ismael Alastal-Mayor Municipality of Al Al Qarara February 24, 2019 Procedures and documents  The landowner is willing to exchange his land for another land Qarara regarding the acquisition of a with the same value private land for the  The landowner provided the municipality with a written construction of ST-009 approval in which he is expressing his willingness towards the AbdelHamid Abu Mu'amar- Reservoir in Al Qarara PLA expropriation of his land for the construction of a water Technical Department reservoir  The PLA rented the land for the municipality so the municipality can use it for the construction of the reservoir Yaser Abu Anza-Mayor Municipality of Abasan February 24, 2019 Procedures and documents  There is an agreement between the municipality and the Abasan Aljadeeda Aljadeeda regarding the acquisition of a landowner in which he admits his willingness to provide the private land for the land for the municipality on the basis of land exchange or cash construction of ST-017 compensation if the land exchange with the PLA is not Reservoir in Abasan Aljadeeda possible. In the second case, the municipality will pay for the landowner at full replacement cost. Mohammed Abu Ishkayan- Municipality of Al Al Nussairate March 4, 2019 Procedures and documents  The municipality bought the land at full replacement cost. A Mayor Nussairate regarding the acquisition of a sale agreement has been signed between the municipality and private land for the the landowner on February 21, 2017, based on which the Page | 48 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-3: Summary of the Key Stakeholders Meetings and Outcomes Person Institution Location Date Issue Discussed Main Outcomes construction of ST-006B municipality paid the contract value for the landowner on four Reservoir in Al Nussairate payments, where the final payment was on February 21, 2018. Mustafa Ryati-Head of Planning Municipality of Rafah March 4, 2019 Procedures and documents  The site (with and area of 1,500 m2) is located on two parcels Department Rafah regarding the acquisition of a (parcel no. 19 and parcel no. 20) that were originally owned by private land for the different landowners. 750 m2 from each parcel were allocated construction of ST-015A for a public facility that is owned by the municipality based on Reservoir and in Rafah two division projects that took place in both lands.  The first division project took place on June 24, 2015 by the owner of parcel no. 20, while the second division project took place on March 20, 2019 by the owners of parcel no. 19.  After being the owner of these two 750m2-lands, the municipality allocated them for the construction of the reservoir.  The whole land of the reservoir site is currently a municipal land, and no disputes or claims are found to be encountered with the original owners. Landowners Samer Abu Hjayir – Owner of --- Al Buraij February 28, 2019 His concerns regarding land  There is no objection against the project and there is no ST-001C Reservoir site and March 18, 2019 acquisition and expropriation problem regarding the land exchange if the provided land is of procedure and compensation the same value  The PLA expropriated the land but the agreement upon the compensation has not been reached yet Hamdan Abu Khaled – Owner of --- Al Zawayda February 24, 2019 His concerns regarding land  The landowner has no objection against the project and has no ST-007 reservoir site and March 18, 2019 acquisition and expropriation problem regarding the land exchange if the provided land is of procedure and compensation the same value Fayiz Alastal – Owner of ST-009 --- Al Qarara February 24, 2019 His concerns regarding land  The landowner has no objection against the project and has no reservoir site and March 18, 2019 acquisition and expropriation problem regarding the land exchange if the provided land is of procedure and compensation the same value  The PLA has already valuated the land and its valuation is fair enough Page | 49 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-3: Summary of the Key Stakeholders Meetings and Outcomes Person Institution Location Date Issue Discussed Main Outcomes  The exchange process is ongoing and the agreement should be done soon Sulaiman Al Qarra – owner of --- Abasan February 24, 2019 His satisfaction regarding the  The agreement is adequate and fair enough, and the ST-017 reservoir site Aljadeeda compensation provided by the landowner is satisfied Municipality of Abasan Aljadeeda for his land Sabri Al Faleet – owner of ST- --- Al Nussairate March 4, 2019 His satisfaction regarding the  The agreement is adequate and fair enough, and the 006B reservoir site compensation provided by the landowner is satisfied Municipality of Al Nussairate for his land National Public Institutions Eng. Mohammed Abu Sabha Palestinian Land Gaza City March 11, 2019 Procedures and documents  There are no encroachments or disputes regarding the site of Authority regarding the acquisition and the main pumping station, which is a governmental land that expropriation of private and has been allocated for this construction of the main pumping governmental lands for the station on March 30, 2017, construction of four reservoirs  There are no encroachments or disputes regarding the sites of and two pumping stations the ST-039 and ST-015B reservoirs in Rafah, the ST-033B and ST-011 reservoirs in Khanyounis, which is a governmental land that has been allocated for this construction of reservoirs on December 18, 2016,  The acquisition and exchange procedures for ST-09 reservoir site in Al Qarara is almost finished,  The acquisition and exchange procedures for ST-001C reservoir site in Al Buraij and ST-07 reservoir site in Al Zawaida are still in progress Page | 50 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.2.3. RAP Disclosure To ensure that all project affected people and the broader stakeholder community have access to information contained in this RAP. The Palestinian Water Authority will do the following:  Translate the document into Arabic language  Make this RAP available in the local offices of the concerned municipalities (Khanyounis, Rafah, Al Qarara, Abasan Aljadeeda, Al Zawaida, Al Nussairate, and Al Buraij), along with the Palestinian Land Authority office, and the reservoirs and pumping stations sites,  The RAP will also be available at the PWA website.  The RAP will also be disclosed on the World Bank external website. 5.2.4. Grievance Procedures A grievance redressal or complaints handling mechanism will be established by PWA according to this RAP, as it is explained after in the documents, (OP 4.12) to ensure that PAPs have the access to a viable system to air grievances and to seek resolution with no intimidation or coerciveness. The grievance system is also important for PWA to ensure they are accountable to complaints and that these complaints are handled transparently and efficiently. Since the World Bank policy is to minimize the need for solving disputes by courts, the PWA will create a grievance redress mechanism on the project level as a first tier for PAPs complaints management. The PAPs will go to civil courts only when the project level grievance system fails to reach a settlement of the disputed issues. The following is a description of the project level Grievance Redress Mechanism (GRM) that will be used. The main components of this system are: A. Complaint receiving and processing office. B. Complaints receiving channels. C. Levels of complaint escalation. D. Complaints handling mechanism. The following is a brief description of each of these components. A. Complaint receiving and processing office A complaint office (CO) will be established at the project site to receive and process the complaints from PAPs. The CO will be headed by a grievance redressal officer (GRO) assigned by the PWA project management support unit (PMSU). The GRO will be responsible for receiving and processing the complaints (written and/or oral) according to the complaint handling process mentioned later in this section. PAPs will be informed about the CO and the GRO and the communication channels that they can use to air their grievance through the CO. Moreover, PAPs will be informed on the complaint escalation levels and handling procedures. B. Complaints receiving channels The following communication channels with the CO will be established for PAPs to enable them to voice their grievances: - Telephone and mobile numbers. - Fax number. - E-mail address. - Facebook page for the CO. - Face to face meeting with the GRO at site office (CO). These communication channels will be publicized to the community through local media, social media, NGO’s, selected shopping centers, community leader’s offices, and sign boards on all the project components. Page | 51 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report C. Levels of complaint escalation Aggrieved persons or groups should be allowed to escalate their complaints to higher levels of responsibility if they are not satisfied with the proposed resolutions at lower levels of contact. Thus, the proposed GRM system starts from the project level grievance redressal system as an alternative for other formal systems that include civil courts. Thus, the grievance redressal system is composed of three complaint levels: - Level 1: grievance redressal officer (GRO) (project level). Timeline: 15 days from complaint receive. - Level 2: grievance redressal committee (GRC) (project level). Timeline: 15 days from complaint receive. - Level 3: Civil courts. If the aggrieved persons or groups are not satisfied by the project level grievance redressal system (Level 1 & Level 2) they have the right to escalate to the level of other formal bodies reaching to civil courts which is consider as level 3. The GRC committee is based in the PWA main offices in Gaza city and is composed of three persons as the following: - Head of the project management support unit (PMSU) at PWA. - Grievance redressal officer (GRO). - Representative of the relevant governmental body ( e.g: Land Authority, Municipality) - External neutral expert relevant to the complaint subject. - External neutral expert relevant to the complaint subject. D. Complaints handling mechanism The main steps of complaints handling procedure are: 1. Receiving and registering a complaint. 2. Screening and assessing the complaint. 3. Formulating a response. 4. Communicating the decision to the complainant 5. Tracking and evaluating results. The following is an explanation for these steps: 1. Receiving and registering a complaint: The complaint received by the GRO through one of the channels mentioned above should be registered in a complaint register. The registration process starts with filling a “Complaint Form” that contains the personal information of the complainant, date and channel of complaint, description of the complainant, relevance of the complaint and complainant to the project, and the complainant demands to solve the issue. The next step is to log the information from the “Complaint Form” into a software data base system “compliant register” (e.g. excel, access, specially developed software). 2. Screening and assessing the complaint: The GRO will “screen” the complaint for “eligibility”. The main eligibility criteria may include: - The complaint is related to the project. - The complainant has standing to file. - The issues raised in the complaint fall within the scope of issues the grievance mechanism is authorized to address. If the complaint is rejected (screened out) for ineligibility, the complainant should be informed of the decision and the reasons for the rejection. The complainant will be communicated before informing him with rejection decision to make sure that the data in the “complaint form” are complete and Page | 52 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report precise. If no new data is introduced then the complainant should be notified with the “rejection decision”. If the complaint is found eligible, the complainant should be notified, and the grievance should be processed and proceed to an assessment. During the assessment, the GRO (or person the GRO refer to) should gather information about the case and key issues and concerns to help determine whether and how the complaint might be resolved. The screening should be done within 3 days and assessment within 10 days from the complaint filling date. The rejection decision due to ineligibility should be informed to complainant within 5 days from the complaint filling date. 3. Taking decision and Formulating a response The GRO should refer the complaint to the relevant person on the project sites or in the formal locations that are related to the project. After receiving the feedback from the relevant persons and considering all the collected facts and based on the assessment in the previous step, the GRO will formulate a response to the complainant containing the decision taken regarding the resolution. The response should be formulated within 15 days from the complaint filling date. 4. Communicating the decision to the complainant The decision should be communicated to the complainant with the appropriate way using his communication information found in the database of the “complaint register”. The communication should be done immediately after taking the decision and formulating the response. 5. Tracking and evaluating results. Whatever the decision is, it should be followed up in order that the reaction to the decision may be known and in order to determine whether the issue has been closed or not. If the complainant accepted the decision a settlement should be finalized and the case can be closed otherwise the complainant can appeal to the Level 2 complaint (i.e. to the GRC) and to level 3 (Civil courts). All grievances and communications, received by the GRO officer, will be registered and the actions taken/responses given will be tracked and recorded for each. Proper administration and internal records of stakeholder complaints and communications are essential for transparency and quality of PWA responsiveness and reporting to stakeholders on the resolution of grievances. Figure 5-3 summarizes and illustrates the grievance redress mechanism established by PWA for this project. Page | 53 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Receiving & Registering Complaints at “CO” Screening for Eligibility by “GRO” -3 days- NO Reject Complaint Eligible? Inform complainant -5 days- Yes Complaint Assessment -10 days- Decision and Response Formulation -15 days- Communicating Decision to complainant Yes Agreement is reached and Case is Complainant Accept? closed NO Appeal to “GRC” Complaint Reassessment -10 days- Decision and Response Formulation -15 days- Communicating Decision to complainant Agreement is reached and Case is Complainant Accept? Yes closed NO Complainant can refer his case to Civil Court Figure 5-3: Grievance Redress Mechanism for the Project Page | 54 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.3. Monitoring and Evaluation (M&E) Monitoring and Evaluation (M&E) are key components of the RAP according to the World Bank requirements and have the following objectives:  Monitoring of specific situations or difficulties arising from implementation and of the compliance of implementation with objectives and methods set out in the RAP;  To verify that project activities have been effectively completed with respect to quantity, quality and timeliness;  Evaluation of medium and long-term impacts of resettlement on affected households' livelihood, environment, local capacities and economic development.  In carrying out all activities related to monitoring, evaluation and supervision, consideration will be given to the vulnerability issues.  Provide the World Bank (Donors) with feedback on RAP implementation and identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. The monitoring of RAP is subdivided into two parts: Performance monitoring (Internal Monitoring) and, Completion Audit (External Monitoring) as illustrated hereafter. 5.3.1. Monitoring Internal Performance Monitoring The internal performance monitoring will be handled by the PWA through the RAP Coordination Unit (RCU) mentioned in the institutional arrangement section of this RAP report .This monitoring will be based on the resettlement implementation plan and will check that physical progress has been made in execution of required actions. Narrative reports on progress should be produced on a bimonthly basis. The main performance milestones to be checked will be:  Public meetings held;  Census, assets inventories, assessments, and socioeconomic studies completed;  Grievance redress procedures in place and functioning;  Compensation payments disbursed;  Income restoration and development activities initiated;  Monitoring and evaluation reports submitted. The main indicators that will be monitored regularly in the current project (GCDP-AWs Phase1) are the following: 1. Disbursement of compensation to PAPs in various categories, according to the compensation policy described in the RAP; especially the Khanyounis market PAPs and the owner of one private land for his olive trees. 2. Procedures of the delivery of the exchange lands to the private land owners. 3. Public information dissemination and consultation procedures. 4. Adherence to grievance procedures and outstanding issues requiring management’s attention and equality of access 5. Co-ordination and completion of resettlement activities and award of civil works contracts. Completion Audit (External Monitoring) In accordance with WB, an external independent monitoring and evaluation consultant should be hired by the PWA to monitor the RAP implementation. The consultant should start his work as soon Page | 55 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report as the updated RAP has been approved and will submit an Audit report after the completion of his investigations. The rationale behind hiring an external consultant is to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. In addition to reviewing the issues covered by the internal monitoring progress report, the external consultant shall also evaluate and assess:  The competence and effectiveness of the project implementing agencies  Adequacy of compensation provided for the PAPs.  Ability to reach the most vulnerable PAPs.  Consultation and public disclosure of the RAP.  Effectiveness of the grievance redresses mechanism. 5.3.2. Evaluation Evaluation is intended to insure that policies (both Palestinian and the WB's) have been adhered to and provide the feedback needed for adjusting strategic directions. Evaluation, thus, has the following objectives:  General assessment of the compliance of resettlement activities with the objectives and methods as set out in this RAP  Assessment of the compliance of resettlement activities with the laws, regulations and safeguard policies cited above  Evaluation of the impact resettlement and relocation has on incomes and standard of living, with the focus on the poor and the most vulnerable.  Identification of actions to improve the positive impacts of the program and mitigate its possible negative impacts. The evaluation of resettlement activities will be part of general assessment and review activities undertaken for the project as a whole. Page | 56 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.4. Institutional Arrangements and Capacity Building This section discusses the institutional framework regarding the implementation of this RAP along with the proposed capacity building activities for different institutions. 5.4.1. Institutional Arrangements This section identifies the organizations and/or agencies primarily responsible for the RAP implementation. The focal point of the RAP preparation, implementation and monitoring is the PWA through its project management support unit (PMSU). The PMSU assigned a RAP coordination Unit (RCU) composed of a RAP coordination and monitoring officer (CMO) and a grievance redress officer (GRO) that will be responsible for coordination with other institutions involved in the RAP implementation. Other institutions that are involved in the RAP implementation of this project (GCDP- AWs Phase1) are as follows: 1. Palestinian Land Authority (PLA) 2. Ministry of Local Governance (MoLG) 3. Municipalities of Al Buraij, Al Zawaida, Al Qarara, and Khanyounis. 4. Cabinet and central committee of buildings and cities organization. 5. Ministry of Agriculture. 6. External monitoring consultant. Table 5-4 provides an overview of the institutional responsibilities of each of these entities in the implementation of the RAP. Table 5-4: Institutional Responsibilities for RAP Implementation Authorities and Responsibilities Agencies During RAP preparation  Describing the scope of lands required by the project  Communicating with other governmental entities Palestinian  Prepare a RAP in cooperation with independent consultant Water  Apply maximum avoidance mechanism to reduce the involuntary Authority resettlement (Via: PMSU-CMO )  Propose the best strategies to consult with the community  Prepare the permissions and decrees in cooperation with other entities  Final definition of lands and conditions for acquisition Municipalities:  Verifying the need of lands in each municipality. Al Buraij, Al Zawaida, Al  Prepare the technical documents related to the project lands Qarara, Khanyounis  Facilitate consultation with the Khanyounis market PAPs and provide documentations of the legal status of these PAPs. Ministry of  Final confirmation of land ownerships of the land to be acquired Local  Contribute with the Palestinian Land Authority along the project life. Governance Palestinian  Identification all affected persons, advising them of their rights, Land  Follow-up all matters of public and PAPs concern with regard to any Authority complaints that may arise during the implementation process. Page | 57 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-4: Institutional Responsibilities for RAP Implementation Authorities and Responsibilities Agencies  Direct contacts with affected persons either individually or in groups.  Propose alternative lands to replace the affected lands Cabinet and  Develop the land expropriation decree Central  Endorse the final land acquisition profile of the project Committee Ministry of  Provide price of trees for valuation of compensations. Agriculture During negotiation and grievances  Conduct consultation meetings with the project affected people at Municipalities: the project areas, inform them about the RAP and their right to Al Buraij, Al Zawaida, Al obtain compensations, and explore their priorities and preferences Qarara, Khanyounis  Collect the grievances to be shared with the PWA and PLA  Disclose grievances channels to the community  Identification all affected persons, advising them of their rights,  Follow-up all matters of PAPs concern with regard to any complaints Palestinian that may arise during the implementation process. Water Authority  Direct contacts with affected persons either individually or in (Via: PMSU-RCU ) groups.  Document all activities related to the negotiations and grievances and develop a grievance lodger. The GRO officer from the RCU will be responsible of this activity. Palestinian Land  Participate in the process of negotiations and grievances over the Authority expropriated lands Khanyounis  Participate in the process of negotiations and grievances over the Municipality lost income of Khanyounis market PAPs. During the RAP implementation phase Municipalities:  Undertake community liaison (day to day operation) Al Buraij, Al Zawaida, Al  Collaborate with the other entities Qarrara, Abasan  Transfer received complaints to the PWA and PLA Aljadeeda  Establish values for compensation  Adjudicate on grievances Palestinian  Plan negotiation and establish final offer Land Authority  Recommend acceptance and finalization of compensation- packages  Adjudicate on appeal against land acquisition values to courts (if applicable)  Certify the compensation agreement in consistency with the RAP Palestinian relevancy Water  Collect the grievances raised by the PAPs, document and report Authority them to the world bank  Monitoring of RAP implementation procedures. External  Ensure compliance with funding agreements Monitoring  Evaluate and monitor the process of RAP implementation. Consultant Page | 58 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.4.2. Capacity Building A capacity needs assessment of the key entities involved with RAP implementation indicates that while strong capacity exists among the Palestinian entities in key areas of RAP preparation and implementation (carrying out the census, identifying adverse impacts, carrying out consultations, etc); there is still scope to learn about the specificities of OP 4.12 including ensuring that when a gap is evident between the OP 4.12 and Palestinian legislation, that the principles of OP 4.12 are followed. Capacity building is proposed through safeguards related training on OP 4.12, on documenting of information related to grievance redress, and on monitoring data (See Table 5-5). Table 5-5: Proposed Capacity Building Activities Training Module Learning objectives Duration and Proposed trainees Proposed Date cost WB policies  Having a full - 1 day theoretical -PWA/PMSU/RCU related to understanding of the presentation. staff and public resettlement guidelines and - One month relations 1,500 US$ activities [WB OP common practice of Before the -One representative 4.12] the WB regarding commencement from MoLG RAP including GRM of the GCDP-AWs -One represintitive systems, monitoring Phase1 project from each and evaluation construction Municiability -Represintitive from PLA Skills of  Having a full - 1 day -PWA/PMSU/RCU registering filling understanding of theoretical staff and public and documenting filling and presentations relations complaints documenting - 1 day on the job -One representative 1000 US$ processes. training from MoLG  Learn to use a data - One month -One represintitive base software for Before the rom each complaints logging commencement Municiability and retrieving of the GCDP-AWs -Represintitive from  Gain the ability to Phase1 project PLA develop a report construction about the grievance and redress  Learn the - 1 day theoretical -PWA/PMSU/RCU procedures of presentations staff and public assessing the relations Skills of the eligibility of the - 1 day on the job -One representative 1,000 US$ complaint complaint training from MoLG handling  Learn the -One represintitive procedures of - One month rom each formulating a Before the Municiability response to the commencement -One represintitive complainant of the GCDP-AWs from each PLA  Learn the skills to Phase1 project communicate construction Page | 59 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-5: Proposed Capacity Building Activities Training Module Learning objectives Duration and Proposed trainees Proposed Date cost decision to complainant  Learn procedures - 1 day theoretical -PWA/PMSU/RCU of tracking the presentations staff and public 1,000 US$ complaint after - 1 day on the job relations Monitoring and the training -One representative evaluation implementation of - One month from MoLG resettlements Before the -One represintitive  Learn the skills of commencement rom each evaluating the of the GCDP-AWs Municiability GRM procedures Phase1 project -One represintitive construction from each PLA Page | 60 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 5.5. Cost, Budget, and Implementation Schedule This section discusses the estimated budget and cost for this RAP implementation, along with the time schedule for the implementation of the RAP activities. 5.5.1. Cost and Budget The estimated budget for RAP implementation under AW-GSWSP project is 589,980 US$ as shown in Table 8-1. The land compensation budget of 459,818 US$ as stated in Table 5-6 will be covered by the PLA in the form of land exchange for this value and no cash payments will be paid for the landowners. The other costs (loss of trees, loss of income, RAP monitoring, salaries, contingencies) which is estimated at 130,162 US$ will be covered under the project GCDP-AWs Phase1 budget. A clear item of this budget should be added to the project finance documents. Table 5-6: RAP Budget Estimate No. Item Estimate Cost ** Funding entity (US$) 1 Compensation for land 459,818 PLA-land exchange acquisition 2 Compensation for loss of 4,800 PWA –project budget productive trees 3 Compensation for loss of income 75,362 PWA –project budget 4 Grievance redress officer (GRO) 15,000 PWA –project budget salary and office expenses 5 External evaluator for monitoring 10,000 PWA –project budget RAP Implementation 6 Capacity building 5,000 PWA –project budget Subtotal 569,980 7 Contingency 20,000 PWA –project budget Total budget 589,980 **: Break Down of the cost estimate based on the valuation methodology is given in Annex 4 5.5.2 RAP Implementation Schedule Table 5-7 gives the time schedule of the RAP activities under three main titles: 1. RAP preparation 2. RAP implementation 3. RAP monitoring and evaluation Table 5-7 links the RAP implementation activities to the construction works of the project activities such as the reservoirs and the southern carrier construction works. As illustrated in Table 5-7, the RAP preparation process started on February 24 and expected to be approved by the WB by the mid of ‫ـ‬July, and finalized by the end of July. RAP implementation will take five months starting on August 1, and ending by December 31. The compensations for the Khanyounis market PAPs will be finalized by October 15, which is two weeks earlier than the beginning of the construction of the carrier line inside Khanyounis market that will start on the November 1. Page | 61 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Handover of the replacement lands for the households of the three expropriated lands (allocated for the construction of three reservoirs) and the compensation for trees for one of them will be finalized by August 30, which is two weeks before starting the construction of the two water reservoirs on these three lands. RAP monitoring will run in parallel with the RAP implementation and will take place in the period from August 1 to the December 31, and will submit three bimonthly reports on the dates indicated in the time schedule. Final evaluation of the RAP implementation and impact will take place by the end of the RAP implementation in the period from October 1 to the December 31, and the external evaluator will submit a final evaluation report. Page | 62 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Table 5-7: RAP Implementation Schedule No. Activities Duration Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. RAP Preparation 1. Consulting with the PWA, PLA and 24/2-15/3 municipalities 2. Conducting the RAP census & inventory 24/2-13/3 3. First Consultation with PAPs 24/2-13/3 4. Drafting and submitting the RAP report 24/2-30/3 5. Valuation of impacts and compensations 1/3-13/3 6. Formulation of GRM mechanism 1/3-13/3 8. Post Consultation with PAPs 13/3-20/3 9. WB review and Approval on the RAP 31/3- 8/7 10. Disclosure of the RAP report 30/7 RAP implementation 1. Consultation with PAPs 1/8- 31/12 2. Opening and starting the work of the “CO” 1/8 GRM office on site and employing the grievance redress officer (GRO) 3. Documentation of operation and 1/8- 31/12 efficiency assessment of the RAP ** Starting the construction of Package 2 1/8 4. Documentation of the compensation 1/8-15/10 activities by the GRO. 5. Documentation of Grievances and responses 1/8-31/12 6. Handover of replacement lands for the HHs of 1/8-30/8 expropriated Lands and compensation for trees. ** Starting construction of the reservoirs in the 15/9 three expropriated private lands. 7. Delivering compensation to PAPs in 15/9- 15/10 Khanyounis market ** Starting construction of the carrier line inside 1/11 Khanyounis market –part of Package 1- RAP Monitoring and evaluation 1. Internal monitoring activities and reporting by 1/8-31/12 the PWA staff. 2. External Evaluator activities concluded by an 1/10-31/12 evaluation report. RAP activity: Construction works activity: Delivered report : Page | 63 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report 6. Associated Facilities Auditing This chapter provides the procedures followed to audit two facilities that are associated with the project, namely the South STLV desalination plant and the Deir Al Balah STLV desalination plant, in light of the WB Policies. Moreover, the chapter provides the results/conclusions of the auditing process. 6.1. Data Collection An iterative process of information gathering was conducted. The land acquisition documents along with all available reports were reviewed, and the relevant agencies were contacted. The agencies’ cooperation and any other information including the potential issues deemed important during the preparation of this RAP and other concerns or desires related to the project were obtained. The main documents that were reviewed are the following:  Land Acquisition documents/ South STLV The land of 80 donums is a governmental land that was allocated by the Palestinian Land Authority for the construction of a desalination plant on April 5, 2012. Land allocation document is provided in Figure 6-1, while the allocation decree by the cabinet can be found in Annex 6(a). Figure 6-1: Land Allocation Document for the South STLV (PLA, 2012)  Land Acquisition documents/ Deir Al Balah STLV A governmental land of 10 donums in Deir Al Balah was allocated, by the Ministry of Housing, for the construction of a desalination plant with a future capacity of 20 m3/day on June 4, 2000. Land allocation document is provided in Figure 6-2, while the allocation decree by the cabinet can be found in Annex 6(a). Page | 64 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report Figure 6-2: Land Allocation Document for Deir Al Balah STLV (Ministry of Housing, 2000)  ESIA Report/ Short-Term Low Volume (STLV) Sea Water Desalination Plant for Southern Governorates of Gaza Strip (2013) Bedouin families were found on the eastern boarders of the specified land for the 6,000 m3/day STLV desalination Plant. No further discussion was made on this issue, as these Bedouin families are not found within the site boundaries of the desalination plant.  Abbreviated Resettlement Action Plan/ The Water Supply to Gaza, Seawater Desalination Project (2014) This Abbreviated RAP was prepared in light of Standard No. 6 of the EIB standards to cover the resettlement activities regarding the Bedouin families in the Gaza central desalination plant site (to the east of the South STLV). The ARAP report was prepared in systematic, interdisciplinary evaluation of the project affected people. It follows the requirements and guidelines of the European Investment Bank (EIB) Standard No. 6 on Involuntary Resettlement, which is in harmony with the World Bank Safeguards policy OP 4.12. According to this ARAP, ten squatters (Bedouin Families) were identified as the main PAPs who will be affected due to the land acquisition and economic displacement; nine households and one person who was using the land for grazing. Out of the nine households, six households have shacks and one household have a concrete building. All of the ten families are encroachers with no legal right to the land. Two of the shacks- households were very small and very simple, and were considered new encroachers, who moved to the site few months ahead of the census (they actually do not live in this site, rather they live in other areas in the vicinity of the site). These two new households were deemed to have no legal right for any Page | 65 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report kind of compensation according to the Ministerial Decree (The decree of the Council of Ministers number (15/291/11/M.O./A.H) for year 2013). The six households who have shacks were entitled to receive an alternative land (150m2), while the seventh household, who have a concrete building, was allowed to stay in the area, as it is found close to the border of the site.  ESIA Report and Annexes/ Middle Area Desalination Plant Expansion, Gaza Blending Tanks, and Network Improvements (2016) The proposed 3,400 m3/day desalination plant expansion area is located within the boundaries of the existing plant site (approximately 2 donums of available land within the boundaries), which is owned by PWA and treats 2,600 m3/day. The land use around the existing desalination plant is characterized by open areas and agricultural lands, with some built-up areas around the site from the west direction. The site of the plant expansion is bordered by a small stadium, agricultural land and palm orchard. Desk study data on the two sites were verified and supplemented through field investigations that took place on February 25, 2019. The field visits showed that the site of the South STLV is not occupied and that the site of the Deir Al Balah STLV is located in an area that used to be a swamp (known as Sabkha), which has never been occupied by people or used as a source of livelihood for anybody. Based on the obtained data and field observations along with the PAPs consultation results, general conclusions are provided at the end of this report. 6.2. Consultation with PAPs All of the identified ten PAPs of the South STLV site were approached through individual interviews conducted at their current locations; the interviews took place on February 25, 2019 (See Annex 6(b) for photos during the interviews). They were asked about the compensation they got, and if they get what they were expecting to get and if they are satisfied with what they get. Moreover, copies of the compensation contract between the PLA and the PAPs were reviewed; these copies can be found in Annex 6(c). Following are the main outcomes of the interviews:  The family living in the concrete house, that has been allowed to stay in the site, is satisfied and hope not to be moved from the area under any condition,  The new households were provided with a municipal water supply for free  Five families are building new concrete houses, on the lands they get, through a local NGO in cooperation with the Ministry of Housing,  One of the households claimed that the education facilities in the area they moved to are not adequate,  One of the families claimed that their son is married now and he had a new baby that the house is very small for all of them. 6.3. Conclusion  The land allocated for the construction of Deir Al Balah STLV desalination plant and its expansion is a governmental land, where no activities or people were found to be existing. Hence, no social impact related to involuntary resettlement was/will be encountered.  The land allocated for the construction of the South STLV desalination plant is a governmental land, and the site, itself, has never been occupied or used as a source Page | 66 Gaza Central Desalination Program: Associated Works Phase 1 RAP Report of livelihood for anybody. However, the site is part of the general site of the Gaza Central Desalination Plant that has a total area of 80 Dunums, where ten individual Bedouin families, who had no attachment to the site land, were encroaching the eastern part. The PWA, in the context of the preparation for the planned Gaza central desalination plant project prepared and implemented an abbreviated RAP (as per Standard No. 6 of the EIB standards, which is consistent with the WB safeguard OP 4.12) to resettle these families. The auditing process revealed that the PWA and the other involved institutions have implemented the abbreviated RAP properly, and that this facility has no standing issues regarding the WB safeguard OP 4.12. Page | 67