RP238 Volume 1 P _ Ghana Water Sector Restructuring Project Resettlement Policy Framework Ghana Water Company Ltd. April 2004 Draft final report 9P2503 g AY & A CONSULT ULIED ROYAL HASKONING FILE COPY ROYAL HASKONING HASKONING NEDERLAND BV ENVIRONMENT Hoofdweg 490 P.O. Box 8520 Rotterdam 3009 AM The Netherlands +31 (0)10 286 54 32 Telephone +31 (0)10 456 23 12 Fax info@rotterdam.royalhaskoning.com E-mail www.royalhaskoning.com Internet Arnhem 09122561 CoC Document title Ghana Water Sector Restructuring Project Resettlement Policy Framework Document short title Ghana WSRP RPF Status Draft final report Date April 2004 Project name Environmental, Resettlement and Dam Safety Studies for Ghana WSRP Project number 9P2503 Author(s) Fr6deric Giovannetti Client Ghana Water Company Ltd. Reference 9P2503/R/FG/Rott1 Drafted by Frederic Giovannetti Checked by Martine Leman D ate/initials check ...................... ...................... Approved by Henk Blok D ate/initials approval ...................... ...................... 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~001 ROYAL HAIKONING SUMMARY Project scope and organization The Water Sector Restructuring Project is intended to increase urban water availability, to extend distribution networks (especially to low income consumers), and to assist the sector in establishing a sustainable financial basis. It would also support the introduction of the private sector into management and operation of the systems under either a lease or management contract arrangement. The Government of Ghana has established a Project Management Unit (PMU) within the Ministry of Works and Housing (MWH) to carry out the government's project preparation responsibilities. The Project includes upgrading of water production and/or distribution in 19 major towns and cities of Ghana, including all 6 region capitals and 13 other towns. The estimated cost of the Project is USD 150 M, to be funded by the Government of Ghana and an IDA loan from the World Bank. Project impacts on assets and livelihoods Although final designs were not available at the time of preparing this Resettlement Policy Framework (RPF), significant Project impacts on assets and livelihoods appear unlikely. Anticipated impacts of the First Year Implementation Programme include: * The acquisition of about 25 hectares of land near Cape Coast, to accommodate the needs of a dredging spoil disposal site, * The temporary displacement of a number of displaceable structures (containers, kiosks) located alongside roads within road reservations that are to be used for construction of the pipelines; these displaceable structures are used for business purposes (shops, workshops, etc...), * No impact on inhabited structures is anticipated, . No impact on livelihoods of such magnitude that it may require livelihood restoration assistance is anticipated. However, as sub-projects are not known in sufficient detail at the time of writing this Resettlement Policy Framework, provisions are made in the RPF to accommodate all potential situations, including cases that may entail actual displacement/resettlement, and livelihood restoration assistance in concordance with the WB policy on Involuntary Resettlement. Specifically, any sub-project entailing impacts on inhabited dwellings shall be rerouted or redesigned to eliminate such impacts wherever practical. In situations where all components of a project are not known in all details at the time of appraisal, and it is therefore impossible to prepare full, detailed Resettlement Action Plans (RAPs), World Bank Operational Policy on Involuntary Resettlement OP 4.12 requires the borrower to develop a Resettlement Policy Framework instead. RAPs for individual packages of civil works will be prepared, approved, disclosed and implemented before the relevant civil works are initiated, in consistency with principles set forward in this RPF. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - i - April 2004 ROYAL HASKONING Legal and institutional background The legal and institutional background of land acquisition and resettlement in Ghana is complex. Amongst the numerous land-related laws passed in the last 45 years, the most relevant to this Project are: * The 1992 Constitution, which establishes the right of any Ghanaian displaced by a public interest project to be resettled by the State, . The 1962 State Lands Act, which details the processes and procedures required by compulsory acquisition of land. Early post-Independence laws, still applicable, have paved the way for a process, widely practiced just after Independence and afterwards, where the State is taking land by powers of eminent domain and pays no compensation unless required to do so by a Court ruling, which needs to be triggered by a claim from the affected landowner. This legal possibility has had the following results: * misuse and abuse of compulsory acquisition by the State, * innumerable Court actions, following claims that were estimated in 1999 at about 1 billion Cedis (USD 110,000). This legal possibility has been widely used by all public institutions in Ghana, including GWCL and its predecessor body, GWSC. Ghana has a number of land agencies to deal with various aspects of land policies. The most relevant ones in the case of this Project are the Lands Commission, and the Land Valuation Board. There are attempts to reform the whole legal and institutional setting of land policies, with the recently launched World Bank-backed Land Administration Programme, a pilot operation in this respect. In addition to Ghanaian laws, all Project compensation and resettlement activities will be developed and implemented in compliance with WB OP 4.12 "Involuntary Resettlement". Proposed Project resettlement policy Driving principles of the Project resettlement policy are as follows: * Any impact of WSRP on land and/or people shall be addressed in compliance with the Constitution of Ghana, with other Ghanaian regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where there are gaps or inconsistencies between Ghanaian laws and the World Bank policy, the World Bank policy OP 4.12 will apply. . Wherever inhabited dwellings may potentially be affected by a component of a sub-project, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any impact on such dwellings and to avoid displacement/relocation accordingly. * Wherever the impact on the land holding of one particular household is such that this households may not be sustainable in the long term, even if there is no need to physically displace this household, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any such impact. . Minimization of land impact will be factored into site and technology selection and design criteria. . Pipelines, public taps, other linear infrastructures (power lines) required by the WSR Project will be routed inside existing right-of-ways, easements or reservations (roads, streets, power lines) wherever possible. Ghana WSRP RPF 9P2503/R/FG/Rott1 Draft final report - ii - April 2004 ROYAL HASKONING * For each sub-project, a cut-off date will be determined, taking into account the likely implementation schedule of the sub-project, to avoid massive encroachment of non-eligible occupants into Project affected spaces. * People occupying Project-affected land at the cut-off date are eligible to Project resettlement policy, which includes both those who have legal rights to land, including customarily recognized rights, and occupants who have no legal right to the land they are occupying. In practice, this means that people usually considered in Ghana as "squatters" will be entitled to Project assistance as long as they are present on site at the cut-off date. * Where impact on land is such that people may be affected in the sustainability of their livelihoods, preference will be given to land-for-land solutions rather than cash compensation, and livelihood restoration measures will be taken. * Compensation shall be paid prior to displacement / land entry. * Compensation will be at full replacement value. . Information and consultation will take place before the process leading to displacement is launched in each particular location concerned by a sub-project. * Vulnerable people will be specifically taken care of. . A dedicated grievance registration and processing mechanism will be put in place, in addition to usual judicial processes. Implementation responsibilities Implementation responsibilities for each major task are detailed in this RPF. Much of the work load will fall under the Project Management Unit and GWCL Regional Offices. It is observed that these entities have at present nor the experience nor the capacity to deal effectively with land acquisition issues in the perspective of compliance with both World Bank policies and Ghanaian laws, which is expected to prove a fairly demanding exercise. As a result, it is advised that the PMU should benefit from some capacity building and technical support, particularly at the critical stage of preparing the first RAPs, and in addition to the training workshop planned under the same assignment as the one including the development of this RPF. Budget and funding Budget estimates are rough and tentative as routing and siting of most Project components were not finalized at the time of preparing this RPF. For the First Year Implementation Programme, the compensation and resettlement budget is estimated at a total of about 6 Billion Cedis or USD 660,000. Out of this total, compensations of about 4.5 Billion Cedis, or USD 490,000 need to be provisioned by the Government of Ghana, as the World Bank does not disburse against compensation. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - ii - April 2004 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~0 0 ROYAL HASKONING Risks By World Bank standards, usual Ghanaian practice of dealing with compensation issues would not be acceptable. It is not easy to combine the requirements of both Ghanaian regulations (including their notification and disclosure requirements) and the World Bank safeguard policies, particularly in terms of articulating schedules. There are significant risks of delays to the Project if these issues are not addressed early in the implementation, as soon as preliminary designs are available for at least some of the Sub-Projects. It is therefore advised that as soon as Sub-Project designs are available for some Sub-Projects, RAP development be immediately contracted out to consultants. Another risk is that old compensation claims may emerge when a fresh compensation campaign is undertaken for new components of schemes, certain parts of which may have been built without due compensation in the past. The risk of massive encroachment into areas affected by the Project must be addressed by setting cut-off dates for each Sub-Project. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - iv - April 2004 ODD KOVAL NASKONING CONTENTS Page SUMMARY .......I 0 INTRODUCTION ..1 0.1 Scope of the assignment .1 0.2 Scope and contents of this report .1 0.3 Key definitions .2 1 DESCRIPTION OF THE PROJECT . . 3 1.1 Project rationale and objectives .3 1.2 Project components .3 1.3 Baseline information on Project target towns and cities .6 2 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS . . 7 2.1 Overview .7 2.2 Generic project impacts on assets and livelihoods .7 2.3 First year implementation plan .11 2.4 Tentative quantification of FYIP impacts on assets and livelihoods .13 3 LEGAL AND INSTITUTIONAL BACKGROUND . .14 3.1 Overview .14 3.2 The Constitution of the Republic of Ghana, 1992 .14 3.3 The state lands act, 1962 .15 3.4 The lands (Statutory Wayleaves) act, 1963 .16 3.5 Land tenure in Ghana .17 3.6 Institutional background .18 3.7 World Bank safeguard policy on involuntary resettlement .21 3.8 Gaps between Ghanaian regulations and World Bank policies .22 3.9 Experience in complying with World Bank policies in Ghana .23 4 PRINCIPLES, OBJECTIVES, PROCESSES . .24 4.1 Principles and objectives .24 4.2 Processes .26 5 ENTITLEMENTS ..30 5.1 Generic entitlement matrix .30 5.2 Application of the entitlement matrix to some known Project situations . 30 6 VALUATION AND COMPENSATION RATES . .36 6.1 Valuation and compensation of crops .36 6.2 Valuation and compensation of structures .36 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - i - April 2004 ROYAL HASKONING 6.3 Valuation of losses of income for businesses ................................................. 36 6.4 Disturbance allowance ................................................. 36 7 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS . . 37 7.1 Potential grievances/disputes .................................................. 37 7.2 Proposed grievance management and redress mechanism ............................. 37 7.3 Administrative mechanism and appeal to Court ................................................ 38 7.4 Documentation and tracing .................................................. 39 8 VULNERABLE GROUPS .................................................. 40 8.1 Identification of vulnerable groups .................................................. 40 8.2 Assistance to vulnerable people .................................................. 40 8.3 Provisions to be made in RAPs/ARPs .................................................. 40 9 MONITORING AND EVALUATION .................................................. 41 9.1 General objectives of monitoring and evaluation .............................................. 41 9.2 Monitoring .................................................. 41 9.3 Evaluation .................................................. 41 10 CONSULTATION AND DISCLOSURE ........................................... 43 10.1 Consultation on the Resettlement Policy Framework ........................................ 43 10.2 Consultation on RAPs and ARPs .................................................. 43 10.3 Disclosure requirements .................................................. 43 11 IMPLEMENTATION RESPONSIBILITIES ......................................... 45 11.1 Implementation responsibilities .................................................. 45 11.2 Resources, technical support and capacity enhancement ................................ 46 12 BUDGET AND FUNDING .................................................. 48 12.1 Budget of resettlement activities related with FYIP ........................................... 48 12.2 Arrangements for funding .................................................. 49 12.3 Compensation payment procedure .................................................. 49 12.4 Priority tasks .................................................. 49 LIST OF TABLES Table 1: Main components planned to be constructed under the FYIP ............................4 Table 2 General demographic information on Project target towns/ cities .......................6 Table 3 Generic Project impacts on assets and livelihoods .............................................9 Table 4 Comparison of Ghanaian regulations with World Bank policies ........................ 22 Table 5 Entitlement matrix ................................................. 33 Table 6 Implementation responsibilities ........................... 45 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - i - April 2004 nono non ROYAL HASKOMING LIST OF FIGURES Figure 1: Map of Ghana - Administrative boundaries and Project locations .......................5 Figure 2: Sub-Projects without land acquisition - Resettlement preparation process ................................................................ 27 Figure 3: Sub-Projects with land acquisition - Resettlement preparation process ........... 28 LIST OF APPENDICES Appendix 1: List of Officials met Appendix 2: List of documents reviewed and/or used Appendix 3: Project description (FYIP) Appendix 4: World Bank policy on involuntary Resettlement (OP 4.12) Appendix 5: Framework for the census of affected assets and people Appendix 6: Outline of a Resettlement Action Plan Appendix 7: Outline of an Abbreviated Action Plan Appendix 8: Crop Rates (January 2002) per Acre Appendix 9: Comparison of LVB crop rates with full replacement value Appendix 10: Template of a claim registration and follow-up from Appendix 11: Template of a consultation meeting minute form Appendix 12: Template itemization of a RAP/ARP budget Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - i - April 2004 t )~~~~~~~~~~~~~~~~~~~~D [l El a ROYAL HAIKONING LIST OF ACRONYMS ARP Abbreviated Resettlement Plan EAMP Environmental Assessment and Management Plan EIA Environmental Impact Assessment EMP Environmental Management Plan EMS Environmental Management System EPA Environmental Protection Agency ESR Environmental Scoping Report FYIP First-Year Implementation Plan GOG Government of Ghana GPRS Ghana Poverty Reduction Strategy GWCL Ghana Water Company Ltd. IDA International Development Association LVB Land Valuation Board MWH Ministry of Works and Housing OP Operational Policy PAP Project-Affected Person PMU Project Management Unit RAP Resettlement Action Plan RPF Resettlement Policy Framework RTP Resettlement Training Plan TOR Terms of Reference WB World Bank WBG World Bank Group WRC Water Resources Commission WSRP Water Sector Restructuring Project Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - iv - April 2004 ROYAL HASKONING 0 INTRODUCTION 0.1 Scope of the assignment This Resettlement Policy Framework was prepared for the whole Water Sector Restructuring Project (WSRP - "the Project") in Ghana. The study is intended to contribute to the design and appraisal of the WSRP by the Government of Ghana (GOG) and the World Bank. The consulting contract between the Ghana Water Company Ltd and Royal Haskoning also includes the development of a Resettlement Training Plan (RTP), an Environmental Assessment and Management Plan and of a Dam Safety Assessment. 0.2 Scope and contents of this report This report is the draft Resettlement Policy Framework (RPF) for the Water Supply and Sanitation Project. It was prepared in April 2004 by Fr6d6ric Giovannetti acting as a sub-consultant to Royal Haskoning, and Dr Kwaku Agyeman-Mensah, a Ghanaian expert sub-contracted through AY & A, a Ghanaian consultancy. The development of a RPF is a requirement for projects that may entail involuntary resettlement under the World Bank safeguard policy on involuntary resettlement (OD 4.12, December 2001). In addition to this introduction, the report includes the following chapters: 1. Description of the Project 2. Potential Project impacts on land and people 3. Legal and institutional framework 4. Principles, objectives and processes 5. Entitlements 6. Valuation and compensation rates 7. Grievance management mechanisms 8. Vulnerable groups 9. Monitoring and evaluation 10. Implementation responsibilities 11. Consultation 12. Budget and funding In addition to meeting WB requirements, this RPF is intended at providing practical toolkits for Project practitioners, who may have to be exposed to resettlement issues during the course of Project implementation, such as outlines for RAPs and ARPs, and census instruments. The RPF will be complemented by a training course, during which Project practitioners will be made familiar with its content by the Consultant. Appendix 1 presents the list of officials interviewed during the course of the assignment. Appendix 2 provides a list of documents used for the development of this report. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 1 - April 2004 ROYAL HASKONIUG 0.3 Key definitions Project: The Water Sector Restructuring Project. Sub-Project: A water supply and/or sanitation project within the WSR Project benefiting one rural community or one town. Project-Affected Person (PAP): A person that loses assets and/or usage rights and/or income generation capacities (e.g., land, structures, crops, businesses) because these assets/rights/capacities are located in land to be acquired for needs of the Project. Not all PAPs are displaced due to the Project, but all are potentially affected either in assets they hold or use, or in their ability to maintain their livelihood. Host Communities: Communities receiving resettled people as a result of resettlement plans. Replacement Cost: The method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. With regard to land and structures, "replacement cost" is defined as follows: * For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. * For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. * For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labour and contractors' fees, plus the cost of any registration and transfer taxes. * In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. * Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 ono ROYAL HASKONIUG DESCRIPTION OF THE PROJECT 1.1 Project rationale and objectives The Government of Ghana considers the provision of potable water as a critical element in its policy for sustainable economic development and poverty reduction. The Government is committed to ensuring that all Ghanaians have access to potable water and has outlined this objective in the Ghana Poverty Reduction Strategy (GPRS, final draft dated February 2003). In line with this commitment, the GoG, through the Ministry of Works and Housing, has the following four objectives for the urban water sector: * To expand the reliable supply of safe water in the urban areas; * To ensure that poor households have access to potable water at affordable prices; * To ensure sustainability of the sector through cost recovery and improved management; and * To ensure an adequate and steady flow of investment funds, with an emphasis on low cost and concession financing. As part of this strategy, the WSRP is designed to increase urban water availability, to extend distribution networks (especially to low income consumers), and to assist the sector in establishing a sustainable financial basis. It would also support the introduction of the private sector into management and operation of the systems under either a lease or management contract arrangement. GoG has established a Project Management Unit (PMU) within the Ministry of Works and Housing (MWH) to carry out the government's project preparation responsibilities. 1.2 Project components The proposed program of civil works for the first year of the WSRP is composed entirely of upgrades and extensions to existing assets, mostly water transmission and distribution lines, all within existing municipal boundaries. The GWCUPMU has commissioned detailed engineering work for these civil works, which will result in construction specifications and drawings for inclusion in tender documents. The exact location of extensions to the water transmission/distribution systems will be determined by this detailed engineering work. New transmission lines are expected to be located within existing rights-of-way, and distribution lines along existing streets/roads. Figure 1 locates Project sites included in the First Year Implementation Plan (FYIP) on a map of Ghana. Table 1 summarises the civil works included under this FYIP. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 3 - April 2004 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . 0 0 11 a ROVAL HASKONING Table 1: Main components planned to be constructed under the FYIP Region Locality and summary project description Ashanti Obuasi: Mains extensions (13km) Region Agona/Jamasi: New (2) and redevelopment of (1) boreholes Kumasi City: Mains extensions (8km) and reinforcemenVrenewal (10km) Kumasi South: Mains extension (0.5km) Kumasi West: Mains extension (14km) Kumasi East: Mains extensions (2km) Kumasi North/East: Mains extensions (5km) plus booster station Mampong: Mains extensions (8km) Central Cape Coast: Dredge Brimsu reservoir; mains renewals (4km) and extensions (6.6km) Region Elmina: Relocation of pipelines (3.2km) Komenda: Reinforcement of pipelines (5km) Greater Accra Accra Northwest: Mains extensions (35.5km); pipeline replacements (6.5km) Accra West: Mains extensions (25km); pipeline replacements (2.8km) Accra East: Mains extensions (11km); pipeline replacements (5.2km) Tema: Mains extensions (1 4.6km) Northern Tamale: Pipeline extensions (8km) and replacements (8.4km) Region Upper East Navrongo: New boreholes and power extensions (3); new transmission mains (3km); Region tank rehabilitation Bawku: Rehabilitation of boreholes (5); extension of VRA grid (10km); new transmission mains (3km) Volta Region Ho: Mains extensions (12.5km); distribution improvement (3km) Hohoe: Mains relocation (2km) and extension (3km) Denue/Aflao: Mains extension (5km) and tank rehabilitation Peki: Mains extensions (2km) Western Secondi/Takoradi: Mains extensions (19.5km) Region A more detailed description of the proposed works is presented in Appendix 3. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 4 - April 2004 cnnI *OYAL HAIKONING Figure 1: Map of Ghana - Administrative boundaries and Project locations BURKINA FASO - *Bawku LEGEND …- - - - - - - *B-k-t LEGEN _ TNav~ i ' I _ _ _._International Boundary /Navrongo Bolgatanga / ----- Regional Boundary UPPER EAST REGION _ Regional Capital - l UPPER WEST REGION .. , ' ProjectTown - UPPER WEST REGION A / ' U Regional Capital and _ I *, Wa v-) o Project Town / -- I_ Tamale . , NORTHERN REGION N > 0 o ~~~~~~~~~~~~~~~0 I-/ 0- BRONG-AHAFO REEGI REGIN < I Il ---__- '--,.. C = ~ ~ ~ ~ ~ 0 5 0 25 5~~~~~~~~~0 75t0K Sunyani W R 9P2503/R/FG/Hohte D Mampong r - *Agona C N ~~~~~~ASHANTI R E G ION - j-i 0 I m ~~~~~~Kumasi j U Z N / I ~~~Obuasi* JEASTERN REGI / Kofonduaf , IWSER EGO * Se~~~0 O~ ~ 0 25 50 75 100 Km. I I~~~~C Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 5 - April 2004 0 0 ROYAL HASKONING 1.3 Baseline information on Project target towns and cities Table 2 hereunder presents summary demographic information on the towns and cities that are targeted by the Project. Table 2 General demographic information on Project target towns/ cities Population (census results) Housing, 2000 2000 1984 1970 Average Town/!oue Households household Region City Total Male Female Total Total houses size Obuasi 115,564 56,593 58,971 60,617 31,005 9,797 24,729 4.7 Agona 9,321 4,660 4,661 6,010 4,204 811 1,834 5.1 Ashanti Jamasi 9,096 4,323 4,773 6,892 4,892 925 1,656 5.5 Kumasi 1,170,270 587,012 583,258 469,628 346,336 67,434 231,653 5.1 Mampong 31,740 14,889 16,851 20,228 13,895 2,425 7,037 4.5 C- Coast 82,291 39,512 42,779 65,763 56,601 6,847 20,323 4.0 Central Elmina 21,103 9,960 11,143 16,970 11,401 2,190 5,362 3.9 Komenda 12,278 5,930 6,348 5,287 5,966 964 2,584 4.8 Greater Accra 1,658,937 817,404 841,533 969,195 624,091 131,355 365,550 4.5 Accra Tema 141,479 68,467 73,012 100,052 60,767 17,199 25,685 5.5 Northern Tamale 202,317 100,854 101,463 135,952 83,653 15,873 33,079 6.1 Upper Bawku 51,379 25,065 26,314 34,074 20,567 4,318 7,119 7.2 East Navrongo 15,983 7,615 8,368 19,690 11,031 1,665 3,386 4.7 Ho 61,658 29,595 32,063 37,777 24,199 6,853 15,183 4.1 Aflao 38,927 17,921 21,006 20,904 15,397 3,703 9,185 4.2 Volta Hohoe 35,277 16,426 18,851 20,994 14,775 3,400 7,510 4.7 Denu 4,959 2,317 2,642 4,237 2,675 564 1,214 4.1 Sekondi 114,157 56,697 57,460 70,214 63,673 9,935 27,721 4.1 Western Takoradi 175,436 86,794 88,642 117,989 80,309 14,882 40,499 4.3 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 6 - April 2004 000 ROYAL HAIKONIEG 2 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS 2.1 Overview It is expected that the Project will have overall limited impacts on assets and livelihoods: . Impacts on land are limited as most land required for Project construction appears to be available in existing right-of-ways (existing road reservations where pipelines, mains, and distribution are to be sited and constructed), * Provisions are made under this RPF to minimize impacts: specifically any sub- project entailing impacts on inhabited dwellings shall be rerouted or redesigned to eliminate such impacts wherever practical, * The expected impacts of the First Year Implementation Programme (FYIP) include: * The acquisition of about 25 hectares of land near Cape Coast, to accommodate the needs of a dredging spoil disposal site, * The temporary displacement of a number of displaceable structures (containers, kiosks) located alongside roads within road reservations that are to be used for construction of the pipelines; these displaceable structures are used for business purposes (shops, workshops, etc...), * No impact on inhabited dwellings is anticipated, * No impact on livelihoods of such magnitude that it may require livelihood restoration assistance is anticipated. However, as sub-projects are not known in sufficient detail at the time of writing this Resettlement Policy Framework, provisions are made in the RPF to accommodate all potential situations, including cases that may entail actual displacementresettlement, and livelihood restoration assistance in concordance with the WB policy on Involuntary Resettlement. This policy is triggered by the anticipation of some impacts on assets and livelihoods, however limited these impacts may eventually turn out to be. In situations where all components of a project are not known in all details at the time of appraisal, and it is therefore impossible to prepare a full, detailed Resettlement Action Plan, OP 4.12 requires the borrower to develop a Resettlement Policy Framework instead. RAPs for individual packages of civil works will be prepared, approved, disclosed and implemented before the relevant civil works are initiated, in consistency with principles set forward in this RPF. 2.2 Generic project impacts on assets and livelihoods 2.2.1 Categorization of impacts by type of sub-projects Table 3 shows in generic terms what impacts on assets (land, crops, and structures) and livelihoods can be expected given the types of project activities that are envisioned under the WSRP. 2.2.2 Categorization of Project land needs Land required for the Project may fall under the following three categories: Land permanently required for construction and operation (example: footprint of a permanent facility like a well or a treatment plant); Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 7 - April 2004 ^ ^~~~~~~~~~~~~~~~~~~~~0 000 ROYAL HASKONING * Land temporarily required for the duration of construction activities (example: access track that will be reclaimed after construction, or staging area that a contractor will use for the duration of construction of a given facility); * Rights-of-Way, i.e. land that can still be used by its former users during operation of the facility subject to certain restrictions (example: power line corridor, pipeline corridor). Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 8 - April 2004 nonD ROYAL HASKONING Table 3 Generic Project impacts on assets and livelihoods Type of project Potential impacts on assets and livelihoods activities Land Crops Structures Livelihoods Extension, replacement, * Permanent acquisition of * Destruction of standing * Destruction of permanent * Where crops are affected, rehabilitation of land required for ancillary crops on areas acquired immoveable structures impacts on livelihoods of distribution networks, facilities permanently located within the pipeline affected farmers (potentially including ancillary * Acquisition of easement * Damage to crops on areas route or within the footprint including both owners and facilities (tank, booster rights for pipes, where these occupied temporarily of ancillary facilities occupants/users) stations, etc) are not laid in existing * Temporary displacement of * Where structures used for easements moveable structures located business purposes are * Temporary occupation within the pipeline route or affected, impacts on livelihoods during construction (access, within the footprint of of business persons (potentially staging areas) ancillary facilities including both owners and operators of affected businesses and structures) Dredging of reservoir * Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods of (with disposal of dredge land required for the dredge crops on areas acquired affected farmers (potentially spoil) spoil disposal site permanently including both owners and * Temporary occupation of * Damage to crops on areas occupants/users) land required for the occupied temporarily * Impacts on livelihoods of users discharge piping of communal resources such as wood, grass, etc... Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 9 - April 2004 ROYAL HASKONING Type of project Potential impacts on assets and livelihoods activities Land Crops Structures Livelihoods Boreholes development . Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods of land required for operation crops on areas acquired affected farmers (potentially of the well (usually about permanently including both owners and 1,000 sq. metres) . Damage to crops on areas occupants/users) a Temporary occupation occupied temporarily * Impacts on livelihoods of users during construction (access, of communal resources such as staging areas) wood, grass, etc... Powerline extensions . Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods of land required for ancillary crops on areas acquired affected farmers (potentially facilities like sub-stations or permanently including both owners and transformers * Damage to crops on areas occupants/users) . Acquisition of easement occupied temporarily . Impacts on livelihoods of users rights for lines of communal resources such as * Temporary occupation wood, grass, etc... during construction (access, staging areas) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -10- April 2004 ROYAL HNAKONING 2.3 First year implementation plan All first-year sites have been visited in the course of the study carried out for the Environmental Assessment and Management Plan. Main impacts on assets and livelihoods are preliminarily identified as follows: * Obuasi: pipes are to be laid in existing road reservations; however one compound fence was observed to encroach on the road reservation, . Agona/Jamasi and Navrango: land needs to be acquired for the borehole sites (agricultural land), . Cape Coast: . The dredge spoil disposal site near Brimsu reservoir (estimated land surface required: about 25 hectares) has been identified: it is a semi-agricultural area, with some cultivated fields, an Acacia plantation, as well as some charcoal making activity and bamboo harvesting for commercial purposes; this piece of land, which is reported to be held by the Apewusika stool, needs to be acquired; . In Cape Coast town near the University, the proposed extension in a slum- type area, will require the network design to match the existing pattern of streets and structures, unless heavy restructuring is done, which is not the assumption taken in this RPF; * Accra and Kumasi City: in most situations, the proposed pipes are to be laid in existing road/street reservations; in most project sites, these spaces have been heavily encroached by structures of all kinds, usually displaceable ship containers or plywood kiosks used for commercial purposes, with a few permanent structures such as concrete slabs, fences, and others; while in law these structures are illegally occupying public spaces, it is worth noting that businesses using these structures are usually paying taxes (daily toll), and that while numerous interventions by the relevant authorities aim at ousting them out of the road reservations, these are never enforced effectively1; . Kumasi City: there is a significant issue on the route of the proposed piping extension near Asokwa police station, where the pipeline was expected to be buried along a road that does not exist yet, and traverses a slum area where street patterns are disorderly. It is assumed in this RPF that pipe laying activities in this area shall be postponed until such a time when the road is constructed and it is possible to use an existing Right-of-Way, * Tamale: one pipeline needs to be built in an agricultural area, . Navrango and Bawku: power line extensions need to be partly built in agricultural area; * Pankrono: land needs to be acquired for the booster station site (fallow land). The following photograph plate presents views of some of these locations. 1 Many such structures are observed to have painted signs on them "Remove by such date", "Remove - Lands Commission", etc... It is reported that some owners paint these inscriptions themselves in order to avoid further harassment. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -1-April 2004 d - = pdt - - - F __ Kumasi Asokwa Police Station area: the road along which Obuasi: fence to be removed and rebuilt the pipeline was to be constructed is not built yet, as a result the Project would need to displace these structures = AL_ > a - - , .djI *~~ ,,. . _ _ - - -I Typical footprint of a well (1100 feet x 1 00 feet) Accra: Encroachment of road reservations by various commercial activities (tables and kiosks) Ghana WSRP RPF PHOTOGRAPH PLATE niO1 a1 Y&CNSLLIIED ___ 9P2503 Some of the identified Resettlement Policy issues KOVAL HAIKONING April 2004 0 0 cl~~~~~~~~~~~~~~~~ ROYAL HASKONING 2.4 Tentative quantification of FYIP impacts on assets and livelihoods While all sites have been visited in the course of this assignment, it remains however difficult to estimate the number of affected people with any accuracy, for the following reasons: * At the time of undertaking these field visits, FYIP piped network designs were not finalized and fixed facilities (wells, boosting stations) were not all sited, at the time of undertaking these field visits, . In some cases, structures located in the vicinity of the contemplated Project footprint are quite numerous (Kumasi and Cape Coast slum areas) and any attempt to count them without a proper staking out of this footprint would be useless, . Further to the first year of implementation, project activities to be implemented under the WSRP are not known yet with any level of detail. The following estimates and ranges need therefore to be considered with utmost caution: . Land: - Dredging spoil disposal sate at Brimsu dam: acquisition of 25 hectares2 of agricultural land, - Pipelines, mains and distribution systems: a few hectares to be acquired in Tamale, and potentially another few hectares over all other sites, assumed to total 10 hectares of land acquisition for the whole FYIP, - Boreholes and boosting stations: a few hectares to be acquired over the whole FYIP, assumed to total 5 hectares; * Crops: - Crops (both perennial and annual) are grown on a part of the 25 hectares to be acquired for the dredging spoil disposal sate at Brimsu dam, - Crops (essentially annual) are grown as well on sites to be acquired in Tamale, and for the wells in the Upper East Region, * Structures3: - A few fences and private house appendices to be demolished and reconstructed, - Depending on final pipe routes, between 500 and 2,000 moveable shops (kiosks and containers) over the whole FYIP, mainly in Accra, Kumasi. . Livelihoods: - No long-term impact on livelihoods is expected that may require full resettlement, - Short term impacts are anticipated such as the loss of income of shopkeepers that may have to be temporarily displaced to make way for construction of pipelines. 2 One hectare = 2.47 acres 3 Assuming slum areas in Kumasi and Cape Coast can be dealt with prior to Project implementation (street opening in Kumasi, and design matching site constraints in Cape Coast). Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -13 - April 2004 non rnorn ROYAL HASKONING 3 LEGAL AND INSTITUTIONAL BACKGROUND 3.1 Overview The legal and institutional framework presiding over land administration, land tenure, and land expropriation is particularly complex in Ghana, and considered by some as a significant obstacle to the economic development of the country. As in many African countries, both customary and titled ownership regimes coexist, but in Ghana more than elsewhere has the legislator attempted to regulate customary ownership. It is estimated that successive governments have enacted about 166 laws regulating land administration and/or establishing mandates for different land administration agencies. As a further complication, some of these laws now conflict with one another as oftentimes previous regulations are not explicitly repealed, or are outdated or irrelevant. Attempts have however been made to harmonize "modern law" with "customary law" regimes, and to seek improved consistency in land policies. A National Land Policy has been prepared in 1999, and a new five year Land Administration Project, supported by a World Bank loan has just started implementation, one of its objectives being to try to tackle these legal issues. As a result of the abundance of laws and regulations, the following review of the legal framework does not attempt to be exhaustive, but focuses on the most relevant pieces of legislation. 3.2 The Constitution of the Republic of Ghana, 1992 3.2.1 Provisions In line with principles of the Universal Declaration of Human Rights, the Constitution of Ghana, adopted in 1992, includes a number of provisions aiming at protecting the right to private property and at setting principles under which citizens may be deprived of their property in the public interest. Article 1 8 provides that "Every person has the right to own property either alone or in association with others." In Article 20, the Constitution describes the circumstances under which compulsory acquisition of immoveable properties in the public interest can be done: "No property of any description, or interest in, or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied: a) The taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit; and b) The necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property." Article 20 of the Constitution provides further conditions under which compulsory acquisition may take place: no property "shall be compulsorily taken possession of or acquired by the State" unless it is, amongst other purposes, "to promote the public benefit' (Clause 1). Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -14 - April 2004 -~~ ~ ~~~ ~ ~~~~~ ~ ~~~~~~~~~~~~~~~~~~~ 0 El g|g non ROYAL HASKONING Clause 2 of Article 20 further provides that: "Compulsory acquisition of property by the State shall only be made under a law which makes provision for: (a) The prompt payment of fair and adequate compensation; and (b) A right of access to the High Court by any person who has an interest in or right over the property whether direct or on appeal from any other authority, for the determination of his interest or right and the amount of compensation to which he is entitled." Clause 3 adds that: "Where a compulsory acquisition or possession of land effected by the State in accordance with clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable altemative land with due regard for their economic well-being and social and cultural values." 3.2.2 Comments Ghana is one of few African countries4 whose legislation requires resettling people that may be displaced as a result of public interest projects. This requirement is enshrined in the highest level law of Ghana, the Constitution. It is also worth noting that the Constitution requires the "prompt" payment of fair and adequate compensation, but does not require this payment to be "prior". In effect, there are numerous examples in Ghana of land having been compulsorily acquired without compensation having been paid "promptly". The World Bank OP 4.12 clearly requires compensation to be prior to land entry. 3.3 The state lands act, 1962 3.3.1 Provisions The State Lands Act, 1962 (Act 125) vests in the President of the Republic the authority to acquire land for the public interest. The President "may, by executive instrument, declare any land specified in the instrument ... to be land required in the public interest' (Sect. 1-1). The Act details the procedural requirements to be followed5, and further provides that "on the publication of this instrument..., the land shall, without any further assurance than this subsection, vest in the President on behalf of the Republic, free from any encumbrance whatsoevee' (Sect. 1-3). The State Lands Act also places responsibility for registering a claim on the affected party, and details the related procedure. The State Lands Act, 1962, details the different elements to be taken into consideration when calculating compensation: 4 Most African legislations view public land acquisition from the angle of cash compensation only. 5 "A copy of the instrument shall "(a) be served personally on any person having an interest in the land; or (b) be left with any person in occupation of the land; and (c) be affixed at a convenient place on the land; and (d) be published on three consecutive occasions in a newspaper circulating in the district where the land is situated" (Sect. 2)." Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -15- April2004 000 oeO ROYAL HASKONING * "Cost of disturbance" means the reasonable expenses incidental to any necessary change of residence or place of business by any person having a right or interest in the land, * "Market value" means the sum of money which the land might have been expected to realize if sold in the open market by a willing seller to a willing buyer, * "Replacement value" means the value of the land where there is no demand or market for the land by reason of the situation or of the purpose for which the land was devoted at the time of the declaration made under section 1 of this Act, and shall be the amount required for reasonable re- instatement equivalent to the condition of the land at the date of the said declaration, * "Other damage" means damage sustained by any person having a right or interest in the land or in adjoining land, by reason of severance from or injurious affection to any adjoining land." 3.3.2 Comments The State Lands Act basically provides for an "automatic" process of compulsory acquisition, whereby at the publication of an instrument declaring land needed for the public interest, it is automatically vested in the President of the Republic. It is important to observe that, although the 1992 Constitution is much more "human-rights oriented", it does not repeal this Act but only supersedes it. This Act paves the way for a process, widely practiced just after Independence and afterwards, where the State is taking land by powers of eminent domain and pays no compensation unless required to do so by a Court ruling, which needs to be triggered by a claim from the affected landowner. This legal possibility has had the following results, amongst others: * misuse and abuse of compulsory acquisition by the State, * innumerable Court actions, following claims that were estimated in 1999 at about 1 billion Cedis (USD 110,000). This legal possibility has been widely used by all public institutions in Ghana, including GWCL and its predecessor body, GWSC. One significant risk associated with the WSRP is the potential emergence of old claims when people affected by this Project are compensated while others who were affected by earlier components of the same schemes are still left uncompensated after years. 3.4 The lands (Statutory Wayleaves) act, 1963 The Lands (Statutory Wayleaves) Act, 1963, details the process involved in occupation of land for the purpose of the construction, installation and maintenance of works of public utility, and for the creation of rights of way for such works: * The owner/occupier of the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry. * Any damage due to entry must be compensated in accord with the procedures established by the Minister unless the land is restored or replaced. * In the case of highways, no compensation shall be paid, unless the land taken is more than one fifth of the total holdings of an affected person. * Where a right of way must be established in the public interest, the President may declare the land to be subject to such statutory wayleave. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -16 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -~~~~~~~~~~~~~~~~~~~~~~~~~~~r 0 El || ~oc ROYAL HASKONING On publication of a wayleave instrument specifying the area required, and without further assurance, the land shall be deemed to be subject to wayleave. Compensation is then determined and paid, with the right of appeal to a Tribunal established by the President, in parallel with the Lands Act, 1962. Further to this Act, the Statutory Wayleaves Regulations, 1964, provide procedural details and address grievance mechanisms. 3.5 Land tenure in Ghana 3.5.1 Interests in land Ghanaian law recognizes the main following four interests in land: * Allodial interest is the highest interest recognized by customary law. It is equivalent to freehold. Allodial titles are normally vested in stools or skins6, and also in families or individuals, depending on areas and ethnic groups. * Customary law freehold is a perpetuity interest vested in members of the community that holds the allodial title7. Customary law freehold implies that the holder can occupy the land and derive economic use of it. * Common law freehold is an interest that results from sale or gift to a non- member of the community that holds the allodial title by the custodian of this title. * Leasehold is a right to occupy and develop the land granted for a certain period (up to 99 years for Ghanaian citizens and 50 for non-Ghanaian), usually against the payment of a rent. 3.5.2 Existing forms of land ownership Land in Ghana belongs to two broad categories: 1. Customary land, including stool land and family land, 2. Public land, including state land and vested land. StooP land Stool land is land the allodial title of which is vested in a stool. Although under customary law, stool land has a customary custodian (the chief of the stool), the 1992 Constitution has created the Office of the Administrator of Stool Land, which is in charge of collecting fees and royalties, which amount to land taxes. Family land Family land is vested in the head of the family. These lands are not placed under the control of the Government, as stool lands are, and are less regulated. State land State land is land that the State has compulsorily acquired for public purposes or in the public interest. It is administered by the Lands Commission. Vested land 6 People owe allegiance to a symbol of collective authority, such as the 'stool' for the Akans of southern Ghana or the 'skin' for the northern peoples. 7 According to the Constitution, the person in whom the allodial title is vested has an 'obligation to discharge their functions for the benefit of the stool, skin or family concerned". 8 "Stool" is here meant to include both stool and skin. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -17 - April 2004 000 ROYAL HASKONING Vested land is still owned by a customary landowner, typically a stool, but has been 'vested" in the Government which manages it on behalf of the customary owner. This should mean that the customary owners still retain the land economic benefits, whereas the Government, through the Lands Commission, manages the land (ie. has a right to sell or lease it for instance). 3.6 Institutional background 3.6.1 General administrative organization of the country Accra is the capital of Ghana. The country has ten administrative regions (see Figure 1). Each region is divided into Districts (110 in total), which in turn are divided into Area Councils, some of which may be categorized as urban. Districts are sub-divided into Unit Committees. The highest administrative and political authority in the district is the District Assembly. The District Assembly is headed by the District Chief Executive, a senior government official appointed by the President with the approval of the District Assembly. In addition to the District Chief Executive, the assembly comprises members, including elected members and Government appointees. The assembly has an Executive Committee, headed by the District Chief Executive, and comprising a number of separate sub- committees. Administrative decentralisation has led to the existence of District Departments, which can include Central Administration, Education, Health, Agriculture, Forestry etc. 3.6.2 Traditional authorities In Ghana, people of common descent owe allegiance to a symbol of collective authority, such as the 'stool' for the Akans of southern Ghana or the 'skin' for the northern peoples. Traditional authorities play a role in the administration of the area. At the village level, family and land disputes and development issues are also traditionally dealt with by the village chief and elders. In addition to providing an important leadership role, especially in the more rural areas, chiefs act as custodians of stool/skin land, can mobilise their people for developmental efforts and arbitrate in the resolution of local disputes. Although chiefs have no direct political authority, some are appointed by the Government on District Assemblies. 3.6.3 Institutions involved in land administration Overview The modernization process for land administration in Ghana has included a land titling process as well as the establishment of a series of land administration institutions. These include the Land Commission, the Land Title Registry, the Survey Department, the Land Valuation Board, the Department of Town and Country Planning and the Office of the Administrator of Stool Land. However, with the exception of the few urban centres which have benefited from previous urban renewal and development projects, there is no systematic cadastral mapping, registration and titling programme in Ghana as yet. In addition, the different agencies and offices listed above do not have appropriate mechanisms for coordinating land use policies, plans and programmes, and there is a general lack of land records being kept or maintained. The following paragraphs give an overview of the role of each of these institutions. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 18 - April 2004 -~~~~~~~~~~~~~~~~~~~~~~~~~~1 El : { b~~~~~~~~~~~~~~~~~~~~n nDo ROYAL HASKONING Lands Commission The Lands Commission is the principal land management organization of the Government. Its mandate (Lands Commission Act, 1994) includes, amongst others: * Manage public lands on behalf of the Government, * Advise the Government and local authorities on policy matters, and to ensure that the development of individual parcels of land is consistent with area development plans, * Advise on, and assist in the execution of a comprehensive programme of land title registration. The Ghana Lands Commission is a multi-stakeholders organization, the Board of which includes representatives of the civil society, appointed on four-year terms. It is also a decentralized organization, with a Regional Lands Commission in each of the 10 regions. Stool lands are managed by the Office of the Administrator of Stool Lands, pursuant to Act 481, 1994 (see § 0). However, Regional Lands Commissions still have a say in the management of stool lands, as the Constitution also provides that they need to review "the disposition or development of any stool land". The Lands Commission is in practice the custodian of all land titles and deeds (Central Records). As the State land management agency, it is also in charge of executing compulsory acquisition of land needed in the public interest. It also allocates public land to organizations or individuals, usually through leases, and levies charges thereupon, such as rents or development charges9. Land Title Registrv This institution was established by the Land Title Registry Act, 1986, which also provides for compulsory registration of land transactions, and requires that a cadastral map and a title search be attached to any application for title registration. One of the main issues plaguing land management in Ghana is that it was not required to attach to land deeds established before 1986 a cadastral map certified by the Survey Department. As a result, titles kept the Land Registry may be conflicting or overlapping. The smooth operation of this institution is reported as being hampered by a number of legal and organizational problems, and as a result, the title registry is usually regarded as not being fully reliable in Ghana. Survey Department In addition to its headquarters in Accra, the Survey Department has offices in all 10 regions, and in 44 Districts. Under the Survey Act, 1962, the Survey Department has mandate, amongst others, to plan all national surveys and mapping, to license and supervise licensed surveyors, and to undertake surveys, supervision and storage for public use. This role has been expanded as a result of the Land Title Registration Law, 1986: the Survey Department was charged to ensure that titled plots are properly demarcated, and to prepare maps thereof, which are to be attached to the title placed in 9 Which are intended to include the cost of survey and demarcation but also that of access, drainage, water and power supply. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 19 - April 2004 _ 000 0 0 ROYAL HASKONING the custody of the Land Registry. In other words, the Survey Department is responsible for the production of cadastral maps, since under the Land Title Registration Law, for a title to be registered, the production of a map certified by the Survey Department is a requirement. The Survey Department supervises about 250 private licensed surveyors. Land Valuation Board It was established in 1986 (PNDC Law 42), through a merger of valuation divisions operating within different ministries. It is responsible for all valuation services for the Government, including assessing compensation to be paid as a result of land acquisition by the Government. It has 10 region offices and 44 district offices, these latter performing valuations. The Land Valuation Board is supposed to be involved in any acquisition of land on behalf of the Government. It keeps rates for crops which are applicable nation-wide. The Land Valuation Board has indicated that the district offices were involved only in "rating valuation", and that any valuation taking place as a result of compulsory acquisition had to be undertaken out of the regional offices where certified valuers are posted. In some instances, valuation can be contracted out to private sector certified valuers, but the Land Valuation Board has indicated that it was able to take care of most compulsory acquisition using their own resources. Department of Town and CountrX Planning Established in 1945, it is responsible for designing plans (planning schemes) and controlling settlements, based on mapping information provided by the Survey Department. Office of the Administrator of Stool Land This institution was established by the Office of the Administrator of Stool Land Act, 1994. It is intended to manage revenue drawn from stool/skin lands, by establishing a stool land account for each stool, collecting revenuel0 into this account, and disburse these monies to the stool, to the traditional authority and to the related District Assembly. It is placed under the overall control of the Lands Commission. 3.6.4 The Land Administration Project The Land Administration Project is being put in place by the Government and the World Bank to address some of the challenges faced by Land Administration in Ghana. It would attempt to implement the framework of the 1999 National Land Policy document. It is a long term commitment by the Government of Ghana to improve security of tenure, develop an efficient system of land titling, registration and administration. The long term objectives of the Project are to: a) Develop a clear and coherent set of land administration policies and laws; b) Ensure formal recognition of the rights of all categories of land holders and facilitation of recording of these rights in an enhanced and decentralized land administration system; c) Establish an efficient decentralized land administration system operating throughout Ghana in accordance with Government policy and compatible with 10 Including 10% of mineral royalties. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -20 - April 2004 REVAL HASKONING cultural usage and responsive to the needs of the people, within an eventually self sustaining financing mechanism; d) Establish an up to date efficient land information system that supports good land records management and transparent transactions in land; and e) Develop a well functioning land market operating in both urban and rural areas. In the short term, the Land Administration Project would seek to: a) Harmonize land policies and the legislative framework with customary law for sustainable land administration; b) Undertake institutional reform and capacity building for comprehensive improvement in the land administration system; c) Establish an efficient, fair and transparent system of land titling, registration, and valuation; and d) Issue and register land titles in selected urban and rural areas as a pilot to test (b) and (c) innovative methodologies, including community level land dispute resolution mechanisms. Implementation of this Project was just starting at the time of writing this report. 3.7 World Bank safeguard policy on involuntary resettlement The full text of OP 4.12 including its Annex A on resettlement instruments is presented in Appendix 4. OP 4.12 "Involuntary Resettlement" (December 2001) is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions to natural resources, may take place as a result of the project. It includes requirements that: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b) 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. c) 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. According to OP 4.12, the resettlement plan or resettlement policy framework should include measures to ensure that the displaced persons are: a) informed about their options and rights pertaining to resettlement; b) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and c) provided prompt and effective compensation at full replacement cost (see 0.3) for losses of assets attributable directly to the project. d) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are 1. provided assistance (such as moving allowances) during relocation; and Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 21 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ a o o ooo ROYAL HASKONING 2. provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also includes measures to ensure that displaced persons are: a) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and b) provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities. Under its safeguard policy, the World Bank does not disburse against cash compensation and other resettlement assistance paid in cash, or against the cost of land (including compensation for land acquisition). However, it may finance the cost of land improvement associated with resettlement activities. The practical implication of this provision is that wherever land or structures have to be compensated for, this will need to be financed by the borrower. 3.8 Gaps between Ghanaian regulations and World Bank policies There are significant gaps between Ghanaian regulations and World Bank policies. These are summarized in the following table: Table 4 Comparison of Ghanaian regulations with World Bank policies Topic Ghanaian legislation requirement"1 WB policy requirement Timing of Prompt Prior to displacement compensation payment Calculation of Fair and adequate Full replacement cost compensation Squatters No provision. Are deemed not to be Are to be provided resettlement eligible assistance (but no compensation for land) Resettlement In the event where inhabitants have to Affected people who are physically be displaced, the State is to resettle displaced are to be provided with them on "suitable land with due regard residential housing, or housing sites, or, for their economic well-being and social as required, agricultural sites (...) at and cultural values". least equivalent to the old site. Preference to be given to land-based resettlement for displaced persons whose livelihoods are land-based. It is assumed here that the Constitution supersedes any other piece of legislation. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 22 - April 2004 ROYAL HASKONING Topic Ghanaian legislation requirement" WB policy requirement Resettlement No specific provision with respect to Affected people are to be offered assistance additional assistance and monitoring. support after displacement, for a transition period. Vulnerable groups No specific provision Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities... Information & The owner/occupier of the land must be Displaced persons and their consultation formally notified at least a week in communities ( ... ) are provided timely advance of the intent to enter, and be and relevant information, consulted on given at least 24 hours notice before resettlement options, and offered actual entry opportunities to participate in planning, implementing, and monitoring resettlement. Grievances Access to Court of law Appropriate and accessible grievance mechanisms to be established. 3.9 Experience in complying with World Bank policies in Ghana There is little experience in the Ghanaian public sector in implementing World Bank- compliant resettlement action plans. GWCL Estates Department has indicated that to- date, they were not involved in any resettlement activities based on WB policies. The Land Valuation Board has indicated that they had just completed one road project (Achimota Road in Accra) where they had to comply with OP 4.12, including paying compensation and providing resettlement assistance to "squatters", and that they were in the course of implementing another such road project. Methodologies are in place at the Land Valuation Board to assess losses of income incurred by informal sector businesspersons squatting on public spaces, and using these assessments to evaluate compensation. In contrast with the public sector, there is substantial experience in the private sector: several mining operations have implemented RAPs in compliance with WB policies as they were seeking funding from Equator Principles signatory institutions. Some Ghanaian consultants, as well as foreign firms using Ghanaian experts, have gained significant experience in this respect. Capacity building aspects are also addressed in the Resettlement Training Plan. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 23 - April 2004 _- EOVAL HASKONING 4 PRINCIPLES, OBJECTIVES, PROCESSES 4.1 Principles and objectives 4.1.1 Regulatory Framework Any impact of the WSRP on land and/or people (land acquisition, resettlement, livelihood restoration of affected people) will be addressed in compliance with the Constitution of Ghana, with other Ghanaian regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where there are gaps or inconsistencies between Ghanaian laws and the World Bank policy, the World Bank policy OP 4.12 will apply. 4.1.2 Minimization of Displacement In line with the World Bank safeguard policy OP 4.1212, the WSRP will minimize displacement through the following design procedures: . Wherever inhabited dwellings may potentially be affected by a component of a sub-project, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any impact on such dwellings and to avoid displacement/relocation accordingly; * Wherever the impact on the land holding of one particular household is such that this households may not be sustainable in the long term, even if there is no need to physically displace this household, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any such impact; * For major water works like raw water treatment plants, minimization of land impact will be factored into site and technology selection and design criteria; * Costs associated with displacement and resettlement will be internalized into sub-project costs to allow for fair comparison of processes and sites; * To the extent possible, Project facilities will be located on public spaces; * Pipelines, public taps, other linear infrastructures (power lines) required by the WSRP will be routed inside existing right-of-ways, easements or reservations (roads, streets, power lines) wherever possible. These principles are intended to minimize negative impacts. However, it will not be always feasible to avoid displacement or land acquisition. In addition to impact minimization measures, mitigation measures are therefore needed, hence this RPF. 4.1.3 Cut-off date - Eligibility In accordance with OP 4.12 and for each sub-projectactivities under the WSRP, a cut-off date will be determined, taking into account the likely implementation schedule of the sub-project. To ensure consistency between Ghanaian legal requirements and WB policies, this cut-off date should be the date of notification to owners/occupiers as provided under the Lands (Statutory Wavleaves) Act, 1963, where acquisition of land is involved. In line with OP 4.12, the following three categories of affected people will be eligible to Project resettlement assistance: 12 "Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs." Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 24 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ nooo ROYAL HASKONING 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 time of the cut-off but have a claim to such land or assets-provided that such claims are recognized under the laws of Ghana or become recognized through a process identified in the resettlement plan c) those who have no recognizable legal right or claim to the land they are occupying. Persons covered under (a) and (b) above are provided compensation for the land they lose, and other assistance as needed. Persons covered under (c) above are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to the cut-off date. In practice, this means that people usually considered in Ghana as "squatters" will be entitled to Project assistance as long as they are present on site at the cut-off date. However, 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 in the three categories above are provided compensation for loss of assets other than land (i.e. structures and crops). 4.1.4 Income and livelihood restoration One paramount principle of World Bank safeguards is that where people are affected by land take, the aim of resettlement must be that they should be "no worse-off if not better off' after the resettlement has taken place. Where impact on land use is such that people may be affected in the sustainability of their livelihoods, preference will be given to land-for-land solutions rather than cash compensation, in consistency with the Constitution of Ghana and with OP 4.12. This applies to people who are not necessarily physically displaced but who are affected by a land loss that affects their sustainability. Where necessary, affected people will be monitored in the rehabilitation of their livelihood, during and after the transition period. Livelihood restoration measures will be assessed in relevant RAPs and ARPs depending upon the specific situation of the considered location. They may include the following: * Agricultural development measures (agriculture, livestock), * Micro-finance support (savings and credit), and other small business development activities, * Skill development and training. 4.1.5 Compensation Compensation principles will be as follows: * Compensation shall be paid prior to displacement / land entry; * Compensation will be at full replacement value. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 25 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING By contrast with the depreciated or net value of a structure'3, the "replacement value" includes the full cost of materials and labour required to reconstruct a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building. 4.1.6 Consultation - Grievance mechanisms The Ghanaian law requirements on consultation and information, as well as those related with grievance management, fall short of meeting WB requirements. The application of these will require: * meaningful information and consultation to take place before the process leading to displacement is launched in each particular location concerned by a sub- project, * a specific grievance registration and processing mechanism to be put in place. 4.2 Processes 4.2.1 Categorization of project activities with respect to land needs From the observation of site conditions, it appears that as far as land needs and resettlement requirements are concerned, two different situations may be encountered in the course of the implementation of the WSRP: a) the project component has no land need other than already acquired State land (e.g. the situation of most pipeline/water mains construction sub-projects, where the pipes will be laid in existing road reservations), b) the implementation of the project component requires land acquisition (for instance dump site for dredging materials of the Brimsu dam, drilling of new boreholes, construction of a booster station, etc...). In situation a) above, as mentioned in § 2.3, the fact that there is no land acquisition involved means that procedures required by the Ghanaian law do not need to be triggered. Proposed processes will therefore be consistent with WB requirements only. Situation b) is more complex because it implies that both Ghanaian procedures and WB requirements are to be followed, hence the need for an integrated process. 4.2.2 Overview of the resettlement preparation process The proposed process for project component without land acquisition is summarized by Figure 2 hereunder, and that for project component with land acquisition by Figure 3. As indicated in the figures, the process varies according to the following two parameters, that will need to be checked early in the design stage through a field reconnaissance: 1. Whether land acquisition is involved (Figure 3) or not (Figure 2); 2. The number of affected people, which will determine whether the process is to include the preparation of a full RAP (200 affected individuals or more), or of an Abbreviated Resettlement Plan (between 51 and 199 affected individuals). 13 Depreciation (or wear) coefficients are usually applied by Government valuers. This would not be acceptable under WB policies. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 26 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Eoyl H^sK ll KOVAL HASKONING Figure 2: Resettlement preparation process for project components without land acquisition Preliminary siting andlor routing of sub-project Preliminary reconnaissance of resettlement issues / \ Y ~~~~~~~~~~~~~~acquisition / > / Inhabited \ \ ~~~~~~~~~~~Involved/r YES< dwellings (f0foecteafetd {Btwe \in~~~~~~~~dividuals /r Definition and public disclosure > / Definition and public disclosure of cut-off date of cut-off date I 5 Initial information to affected people less|Initial information to affected people Definition and public disclosure Census of affected people and of cut-off date Census of affected people and affected assets I affected assets 4 | Initial information to affected people | Development of Resettlement [Development of Abbreviated Action Plan Resettlement Plan Census of affected people and Jr affected assets | Consultation with affected Consultation with affected community on RAP community on ARP Consultation with affected 4r community 4 Submission of RAP to WB l Submission of ARPtoWB I Implementation of resettlement measures Implementation of RAP Implementation of ARP Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 27 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HAIKONING Figure 3: Resettlement preparation process for project components with land acquisition Preliminary siting andlor routing of sub-project Preliminary reconnaissance of resettlement issues _ _ _ _ ~~~~~~~~~~~~~acquisition - dwe~~~~~~~~~~~~~~~~~~~~e ( 9 ) < ~~dwellings NO(i Fiur Application of Lands (Statutory Wayleaves) Act or of Lands Act - Executive instrument to be passed Notification to identified owners/occupants 4 3-month period for registration of claims starts I Valuation of land and immoveable assets otai 20or Bembweefn more < ~ \ affected / & ( S \q~~~~~~dviduals Same process as in Figure 2 Same process as in Figure 2 GhanalWSRP RPF |Same process as in Figure 2 09P2503/R/FG/Rott Draft final report - 28 - April 2004 non non ROYAL HASKONING 4.2.3 Census of Affected Assets and Affected Households In all events, a census will be carried out to inventory affected assets and affected households. Appendix 5 presents frameworks of forms to be used for this census, namely: * Affected plot form, * Affected structure form, * Affected household form. 4.2.4 Resettlement Action Plan The Resettlement Action Plan will be used where more than 200 individuals are displaced. The outline of a RAP is given in Appendix 6. All RAPs need World Bank approval prior to commencing resettlement activities. It is expected that only works envisaged in Accra, Kumasi and Cape Coast (including the dredging of Brimsu reservoir) will justify a full-fledged RAP. 4.2.5 Abbreviated Resettlement Plan The Abbreviated Resettlement Plan will be used where between 51 and 199 individuals are displaced. The outline of an ARP is given in Appendix 7. The project must keep documentation and provide reports that detail what actions were taken in these areas. All ARPs need World Bank approval prior to commencing resettlement activities. 4.2.6 Situations where less than 50 people are affected Where there are less than 50 affected people, while there is no requirement pertaining to documentation, all other requirements contained in this RPF still apply. 4.2.7 Works packages It is advised that RAPs and ARPs should be grouped in a way consistent with lots of civil works that are defined by the PMU. This will ensure consistency in timing and approach. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 29 - April 2004 noD ROYAL HASKONING 5 ENTITLEMENTS 5.1 Generic entitlement matrix Table 5 hereunder presents the matrix of entitlements for the different categories of impacts, likely to be encountered in the WSRP, and described above in paragraph 2.2.1 and table 3. 5.2 Application of the entitlement matrix to some known Project situations 5.2.1 Example 1: Business on Project-affected land Situation: . Moveable container used for business, located within a road reservation affected by pipeline construction: the container needs to be temporarily displaced and can be moved back when construction is completed . The owner of the container is also the operator of the business located inside the container Entitlement: . Land: no entitlement (the container is squatting public land) * Crops: not applicable * Structure: o Cost of displacing the affected structure o Cost of moving the affected structure back to Project-affected land o Disturbance allowance (10% of the total of two above components) . Livelihood: o Cash compensation of temporary loss of income incurred during the period required to re-establish the business to pre-Project conditions, i.e. the period between displacing and moving back the container (likely between one week and three months depending on situations and construction schedule) o Monitoring of livelihood restoration after pre-Project conditions 5.2.2 Example 2: Landowner/farmer on Project-affected agricultural land Situation: . Agricultural plot acquired permanently for Project needs. Land is vested in a family under customary regime * The owner is also the land user/farmer . No structure on the plot * Perennial crops need to be destroyed * Annual crops can be harvested prior to land entry Entitlement: . Land: Options available to the affected household will be as follows, depending on the impact of land take on the overall livelihood of those affected: o Replacement by a piece of land of equivalent agricultural potential located in the vicinity of the affected plot, or o Cash compensation at full replacement value if the affected plot is not critical to the landowners' livelihood. Compensation to be negotiated based on valuation by Land Valuation Board or LVB-certified valuer o Disturbance allowance of 10% of the total compensation for land Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 30 - April 2004 0 0 El~~~~~~~~~~~~~~~~~ noDo KOVAL HASKOUING * Crops: o Cash compensation for perennial crops, counted at cut-off date and negotiated based on to Land Valuation Board rates o No compensation for annual crops as they can be harvested before entry into land o Disturbance allowance (10% of crop compensation) * Structure: not applicable . Livelihood: o If the farmer opts for resettlement, cash compensation of losses of income during the transition period after resettlement until the income basis of the farmer is restored to pre-Project conditions (i.e. until full re- establishment of perennial crops) o Assistance to livelihood restoration up to pre-Project conditions, in the form for instance of seedlings, fertilizers 5.2.3 Example 3: Tenant farmer on Project-affected agricultural land Situation: . Agricultural plot acquired permanently for Project needs. Land is vested in a family under customary regime . The land is used for cultivation by a tenant, recognized as such under customary agreements . The tenant has built a well on the plot * Perennial crops need to be destroyed. Some of them are identified as belonging to the owner of the plot, others to the tenant * Construction constraints do not allow for annual crops to be harvested prior to land entry. They were grown by the tenant Entitlement: . Land: the tenant has no entitlement to compensation for land. Compensation will be served to the plot owner in the form of cash compensation (see above § 5.2.2). No eligibility to resettlement for the owner as it is unlikely that a significant part of his/her livelihood is derived from the affected plot * Crops: o Owner: * Cash compensation for perennial crops that are identified as belonging to the owner, counted at cut-off date and negotiated based on to Land Valuation Board rates * Disturbance allowance (10% of crop compensation) o Tenant: * Cash compensation for perennial crops that are identified as belonging to the tenant * Cash compensation for annual crops * Disturbance allowance (10% of crop compensation) * Structure: compensation to the tenant for the well . Livelihood: o Owner: No entitlement o Tenant: * Assistance in finding a plot to cultivate under another customary tenancy agreement * Assistance to livelihood restoration up to pre-Project conditions, in the form for instance of seedlings, fertilizers Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 31 - April 2004 000 -00 ROYAL HASKONING 5.2.4 Example 4: User of communal natural resources on Project-affected agricultural land Situation: * Community-held (stool) plot is affected by the Project * One household uses this plot to harvest naturally grown wood and produce charcoal Entitlement: * Land: Compensation to be paid to owner (stool) * Crops: Not applicable * Structure: Not applicable . Livelihood: o Owner: not entitlement o User: * Assistance in identifying and accessing similar resources elsewhere in the vicinity, in consultation with community * Cash compensation of temporary loss of income incurred because of the Project during the period required to access similar resources elsewhere, if this period is of any significance Ghana WSRP RPF 9P2503/R/FG/Rott1 Draft final report - 32 - April 2004 noo ROYAL NASKONING Table 5 Entitlement matrix Refer to Table 3 for a more detailed description of impacts on assets and livelihoods - In bold italics: expected to apply as a result of FYIP Type of impact Entitled units Eligibility criteria Entitlement Permanent acquisition Landowner Own the affected plot in a 1. Replacement by a piece of land of equivalent agricultural of land (agricultural, (individual, recognized manner under potential located in the vicinity of the affected plot residential, or household or Ghanaian law (which includes OR commercial) stool) ownership under both common Cash compensation at full replacement value if there is and customary laws) substantial evidence that the piece of land taken is not critical to the landowners' or user's livelihood. Compensation to be negotiated based on valuation by Land Valuation Board or L VB-certified valuer a 2. Disturbance allowance (10%) z -J Acquisition of Landowner Own the affected plot (same as 1. Cash compensation of the restriction of use resulting from the easement rights (individual, above) easement. Compensation to be negotiated based on valuation household or by Land Valuation Board or LVB-certified valuer stool) 2. Disturbance allowance (10%) Temporary occupation Landowner Own the affected plot (same as 1. Full reinstatement to pre-Project conditions of land (individual, above) 2. Rent to be agreed upon for the period during which land is household or occupied stool) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 33 - April 2004 ROYAL HASKONING Type of impact Entitled units Eligibility criteria Entitlement Destruction of Landowner or Have grown the affected crop 1. Cash compensation for standing crops that cannot standing crops tenant / (regardless of related plot ownership) be harvested prior to land entry, counted at cut-off sharecropper date and negotiated based on to Land Valuation Board rates a. 2. Disturbance allowance (10%) 0 C Damage to crops Landowner or Have grown the affected crop 1. Cash compensation for damaged crops counted at tenant / (regardless of plot ownership) cut-off date and negotiated based on Land sharecropper Valuation Board rates 2. Disturbance allowance (10%) Destruction of Owner Evidence of ownership of the affected 1. Resettlement to a similar dwelling in a similar location permanent structure (regardless of ownership of OR immoveable the plot where the structure is located) Cash compensation at full replacement value of structures structure 2. Cost of moving 3. Disturbance allowance (10%) Occupant Live in the affected structure on a 1. Cost of moving permanent basis (tenant) 2. Disturbance allowance (equal to three monthly rents) c- Temporary Owner Own the affected structure 1. Cost of displacing the affected structure displacement of (regardless of related plot ownership) 2. Cost of moving the affected structure back to moveable structures Project-affected land 3. Disturbance allowance (10%) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 34 - April 2004 no'] non KOVAL HASKONING Type of Entitled units Eligibility criteria Entitlement impact Agriculture Farmer (may be distinct from Use Project affected land for 1. Cash compensation of any loss of income the affected plot owner) agriculture, regardless of the incurred as a result of the Project, including ownership situation (includes during the transition period where the farmer is squatters) resettled 2. Assistance to livelihood restoration up to pre- Project conditions and related monitoring en Businesses Business person (may be Operate a business on Project 1. Cash compensation of temporary loss of income a O distinct from owner of structure affected land, regardless of the incurred because of the Project during the o where business takes place) land ownership situation (includes period required to re-establish the business to squatters) pre-Project conditions > 2. Assistance to livelihood restoration up to pre- _- Project conditions, if necessary, and related monitoring Use of User of such resources (can be Use communal resources as an 1. Assistance in identifying and accessing similar communal individuals or communities) element of livelihood resources elsewhere resources 2. Cash compensation of temporary loss of income incurred because of the Project during the period required to access similar resources elsewhere Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 35 - April 2004 i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 0 ROYAL HASKONING 6 VALUATION AND COMPENSATION RATES 6.1 Valuation and compensation of crops Methods used by the Land Valuation Board to calculate rates cannot be disclosed and are kept confidential. Rates applied to crops by the LVB (see Appendix 8) appear to be significantly lower than those applied by some mining companies using full replacement value method (see Appendix 9). The LVB has indicated that it could be prepared to meet Project "full replacement value" requirements and harmonize valuation methods accordingly. RAPs and ARPs will state clearly which methods are used to calculate crop compensation rates, and provide evidence that these rates are consistent with the "full replacement value" requirement. 6.2 Valuation and compensation of structures Structures the demolition of which is required will be assessed by professional valuers, either from the Land Valuation Board, or from private offices certified by the LVB. It is worth noting in this respect that LVB officers based in the districts undertake only "rating valuation" for Government buildings, and that any valuation required by compulsory acquisition has to be done by LVB regional valuer. Structures will be valued at full replacement cost, according to methods that will be detailed in the relevant RAPs or ARPs. Rates applicable to the compensation of the displacement and moving back of displaceable structures used for businesses will be established by the first RAP to be prepared. This should then be harmonized for each type of structure, as follows: * 40' containers, * 20' containers, * plywood kiosks. 6.3 Valuation of losses of income for businesses The method should be the following: 1. Estimate of net monthly profit of the business, based on records if any, on operator's statements, cross-checked by an assessment of visible stocks and activity, 2. Application of this net monthly profit to the period during which the business is prevented to operate (should be between 2 and 6 weeks in most cases). The LVB has indicated that it was prepared to apply this methodology, which it has actually already used in the past (Achimota Road in Accra). 6.4 Disturbance allowance On top of compensation, a disturbance allowance of 10% of total compensation will be served as per the eligibility matrix (see Table 5). Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report 36 - April 2004 non Ds0 ROYAL HASKONING 7 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS 7.1 Potential grievances/disputes In practice, grievances and disputes that arise during the course of implementation of a resettlement and compensation program may be related to the following issues: * Mistakes in inventorying or valuing properties, * Disagreement on plot boundaries, either between the affected person and the expropriation agency or between two neighbours, * Disputed ownership of a given asset (two or more affected people claim that the affected asset is theirs), * Disagreement on plot/asset valuation, * Successions, divorces, and other family issues resulting in disputed ownership or disputed shares between inheritors or family members, * Where affected people opt for a resettlement-based option, disagreement on the resettlement package (the location of the resettlement site does not suit them, proposed housing or resettlement plot characteristics/agricultural potential are not adequate in their view), * Disputed ownership of businesses and business related assets (quite usually, the owner and the operator of a business may be distinct individuals, which give rise to disputes in the event of compensation). 7.2 Proposed grievance management and redress mechanism 7.2.1 Overview In such compensation and resettlement operations, it often appears that many grievances derive from misunderstandings of the Project policy, or result from neighbour conflicts, which can usually be solved through adequate mediation using customary rules. Most grievances can be settled with additional explanation efforts and some mediation. This is why a first instance of dispute handling will be set up with the aim of settling disputes amicably. In Ghana, Court cases are known to require long periods of time before settlements can be reached. It is therefore proposed here to make available a first tier of grievance management mechanisms, which will be taken care of by the Project, and which will provide aggrieved people with an avenue for amicable settlement without necessarily opening a Court case. Aggrieved people would however remain free to open a Court case without having registered their grievance with this first-tier mechanism. The proposed mechanism will comprise of the following steps: * Registration, * Amicable mediation/litigation and settlement. 7.2.2 Registration of grievances As long as one of their activities entail resettlement and/or compensation, the Project implementation agencies at regional level (e.g. the regional office of GWCL) shall establish a register of resettlement/compensation related grievances and disputes. The existence and conditions of access to this register (where, when, how) shall be widely disseminated within the community/town as part of the consultation undertaken for the sub-project in general. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 37 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Coo ROYAL HASKONING 7.2.3 Amicable mediation and settlement The group of mediators attempting amicable mediation/litigation in first instance will consist of the following members: * Implementation agency (i.e. GWCL regional office); * 3 local elders (among which the chairperson of the mediation committee will be selected), * Representative of the District Chief Executive. This mediation committee will be set up at community basis by the implementation agency on an "as-needed" basis (i.e. it will be established when a dispute arises in a given community). When a grievance/dispute is recorded as per above-mentioned registration procedures, the mediation committee will be established, and mediation meetings will be organized with interested parties. Minutes of meetings will be recorded. The existence related with this first instance mechanism will be widely disseminated to the affected people as part of the consultation undertaken for the sub-project in general. It is important that these mediation committees be set up as soon as RAP/ARP preparation starts. Disputes can arise from census operations and it is therefore that the mediation mechanisms be available to cater for claims, disputes and grievances at this early stage. 7.3 Administrative mechanism and appeal to Court Thanks to the existence of the first tier mechanism, Courts of law will be a "last resort" option, which in principle should only be triggered where first instance amicable mechanisms have failed to settle the grievance/dispute. However the Constitution allows any aggrieved person the right of access to Court of law. As mentioned in paragraph 3.3.2, the State Lands Act offers claimants the possibility to lodge a claim directly to the Minister in charge of implementing compulsory acquisition (in this Project, the Ministry of Works and Housing): 'Any person claiming a right or having an interest in any land subject to an instrument made under section 1 of this Act or whose right or interest in any such land is affected in any manner shall, within three months from the date of the publication of the instrument.. .submit in writing to the Minister, (a) particulars of his claim or interest in the land; (b) the manner in which his claim or interest has been affected by the instrument; (c) the extent of any damage done; (d) the amount of compensation claimed and the basis for the calculation of the compensation, and the Minister may, having regard to the market value or the replacement value of the land or the cost of disturbance or any other damage suffered thereby, pay compensation in respect of that land or make an offer of land of equivalent value." The State Lands Act further provides that: "Where there is a dispute as to the right or interest claimed by reason of conflicting claims or interests, or any person is not satisfied with the compensation assessed by the Minister, the Minister may refer the matter to the Tribunal." Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 38 - April 2004 ROYAL HASKONIVdG As a result of the 1992 Constitution, which supersedes the Lands Act (without repealing it), this as-hoc Tribunal no longer exists, and is replaced by the first instance Court of Law, which any citizen can lodge a case with. 7.4 Documentation and tracing Appendix 10 presents a template form for claims. It is advised that these forms be collated on a quarterly basis into a database held at Project level. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 39 - April 2004 000 ROYAL HASKONINC 8 VULNERABLE GROUPS 8.1 Identification of vulnerable groups Vulnerable groups are those at risk of becoming more vulnerable due to the displacement, compensation, and resettlement process. Vulnerable people include, but not limited to: * disabled persons, whether mentally or physically; * the elderly; * widows; * children; * female heads of households. 8.2 Assistance to vulnerable people Assistance to vulnerable people may include the following: * Identification of vulnerable people and identification of the cause and impacts of their vulnerability, either through direct interviews by the Project social worker or through the community; this step is critical because often vulnerable people do not participate in community meetings, and their disability/vulnerability may remain unknown; * Identification of required assistance at the various stages of the process: negotiation, compensation, moving; * Implementation of the measures necessary to assist the vulnerable person; and * Monitoring and continuation of assistance after resettlement and/or compensation, if required. Assistance may take the following forms, depending upon vulnerable persons' requests and needs: * Assistance in the compensation payment procedure (e.g., going to the bank with the person to cash the compensation check); * Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery; * Assistance in moving: providing vehicle, driver and assistance at the moving stage; * Assistance in building: providing materials, workforce, or building houses; and * Health care if required at critical periods: moving and transition period. 8.3 Provisions to be made in RAPs/ARPs Vulnerable people will be identified at census stage. Each RAP or ARP developed under the WSR Project will make precise provisions with respect to assistance to vulnerable groups, for example amongst assistance possibilities listed above in paragraph 8.2. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 40 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ooo ROYAL HASKONING 9 MONITORING AND EVALUATION 9.1 General objectives of monitoring and evaluation Evaluation and monitoring are key components of the Resettlement Policy Framework. They have the following general objectives: * Monitoring of specific situations or difficulties arising from the implementation, and of the compliance of the implementation with objectives and methods as set out in this Resettlement Policy Framework; * Evaluation of the mid- and long-term impacts of the Resettlement and Relocation Action Plan on affected households' livelihood, environment, local capacities, on economic development and settlement. Monitoring aims to correct implementation methods during the course of the Project, as required, while evaluation is intended at checking whether policies have been complied with and providing lessons learnt for amending strategies and implementation in a longer term perspective. Monitoring will be internal and evaluation external. 9.2 Monitoring 9.2.1 Scope and content Monitoring will address the following aspects: * Social and economic monitoring: follow-up of the status of displacees/resettlers, cost of housing in the displacement area, re-establishment of livelihoods including agriculture and other activities; * Technical monitoring: supervision of infrastructure and housing construction where relevant, commissioning and testing of the technical components of the resettlement housing; * Grievances and grievance management system; * Assistance in livelihood restoration: agriculture and business re-establishment and assistance. 9.2.2 Monitoring indicators The GWCUPMU will keep the following statistics on an annual basis: * Numbers of households and individuals affected by Project activities, * Numbers of households and individuals relocated as a result of Project activities and their destinations, * Amounts of compensation paid, * Number of grievances registered. An annual monitoring report will be developed internally by the GWCUPMU at federal level based on annual reports prepared by the Regions. 9.3 Evaluation 9.3.1 Evaluation objectives Reference documentation for the evaluation will be the following: * This Resettlement Policy Framework; * The Ghanaian laws and regulations as described above in Section 2.3 and as they stand in April 2004; Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 41 - April 2004 flEe KOVAL HASKONING The applicable World Bank Safeguard Policies as they stand in April 2004, i.e. OP 4.12 "Involuntary Resettlement". The evaluation has the following specific objectives: * General assessment of the compliance of the implementation of resettlement activities with objectives and methods as set out in this RPF; . Assessment of the compliance of the implementation of resettlement activities with laws, regulations and safeguard policies as stated above; . Assessment of resettlement and relocation procedures as they have been implemented; . Evaluation of the impact of the resettlement and relocation programs on incomes and standard of living, with focus on the "no worse-off if not better-off" requirement; . Identification of actions to take as part of the on-going monitoring to improve the positive impacts of the programme and mitigate its possible negative impacts, if any. 9.3.2 Evaluation Process Evaluation of resettlement activities will be part of general assessment and review activities undertaken for the Project as a whole. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 42 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 000 ROYAL HASKONING 10 CONSULTATION AND DISCLOSURE 10.1 Consultation on the Resettlement Policy Framework As provided under WB policy OP 4.12, information and consultation on the WSRP Resettlement Policy Framework shall be organized as follows: * Circulation of the draft RPF for comments to all relevant institutions (e.g. GWCL, all Land agencies, the EPA, and others as appropriate), * Communication of comments to the Consultant for incorporation into a final RPF, together with WB comments, * Presentation of the executive summary of the draft RPF to District Assemblies concerned by the Project. As provided by the Terms of Reference of this assignment, consultation on the RPF is to be organized by the Government of Ghana through the GWCL/PMU. 10.2 Consultation on RAPs and ARPs As mentioned in section 4.2.2 (figures 2 and 3), two steps of information and consultation are proposed to be implemented in the course of the preparation of RAPs and ARPs: * Initial information: o This step should coincide with the cut-off date (information should not be delivered in advance of the cut-off date to avoid encroachment of new arrivals), o Basic information will be provided to potentially affected people on the Project, and resettlement and compensation principles as they are outlined in this RPF, o This step should take the form of one public meeting for each sub- project, * Consultation on draft RAP/ARP: once these are available in draft form, they should be discussed with local authorities (e.g. District Assemblies) and affected communities, whose comments will be incorporated into final documents. Appendix 11 presents a template that can be used during both preparation and implementation of resettlement activities to record minutes of consultation meetings. 10.3 Disclosure requirements 10.3.1 Ghanaian legal requirements Ghanaian law (State Lands Act, 1962) requires that: 'A copy of the instrument (NB: declaring any land specified in the instrument ... to be land required in the public interest) shall "(a) be served personally on any person having an interest in the land; or (b) be left with any person in occupation of the land; and (c) be affixed at a convenient place on the land; and (d) be published on three consecutive occasions in a newspaper circulating in the district where the land is situated. " Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 43 - April 2004 000 ROYAL HASKONING This requirement has to be met wherever a legal process of land acquisition has to be triggered (see Figure 3 in section 4.2.2). As mentioned above in paragraph 10.2, attention needs to be paid to the harmonization of the cut-off date with this disclosure, so as to avoid massive encroachment of the affected areas. The cut-off date should be therefore be set on the same date when the instrument is disclosed. 10.3.2 World Bank requirements OP 4.12 states that: "As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner." Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 44 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RYOAL HAIKONING 11 IMPLEMENTATION RESPONSIBILITIES 11.1 Implementation responsibilities The following table shows the share of responsibilities between the different agencies involved for each task: Table 6 Implementation responsibilities Task Lead agency & partnerships 1 Siting and routing of project components Supervising Engineer under PMU 2 Preliminary reconnaissance of resettlement GWCL regional office in charge of the issues sub-project, with Resettlement Consultant 3 Assessment of the need for rerouting / GWCL regional office. Related resiting certain sub-project components in instructions to Supervising Engineer for case they affect inhabited dwellings rerouting/resiting to be notified through the PMU 4 Re-siting and re-routing of those Sub- Supervising Engineer under PMU Project components that would entail impacts on inhabited dwellings 5 Assessment of the need for land acquisition GWCL regional office, with support from GWCL Estates Department 6 Assessment of the number of affected GWCL regional office with District people officials and community representatives, with Resettlement Consultant 7 Trigger the procedures required to At national level: GWCL Estates undertake land acquisition under Department, with Lands Commission compulsory acquisition and Land Valuation Board At regional level: GWCL regional office with regional offices of the Lands Commission and the Land Valuation Board 8 Decision on whether a RAP or ARP is PMU needed 9 Preparation of RAPs Resettlement Consultant hired by the PMU with support from the GWCL regional office and GWCL Estates Department 10 Preparation of ARPs GWCL regional office with support from GWCL estates division and PMU Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 45 - April 2004 D 13 0 ROYAL HASKONING Task Lead agency & partnerships 11 Organize and implement census of affected Resettlement Consultant in charge of people and census and valuation of affected RAPs, with Lands Commission and assets in the framework of the development Land Valuation Board (potentially sub- of a RAP or ARP contracting valuation to certified valuers) 12 Organize and implement census of affected GWCL regional office with Lands people and affected assets in the Commission and Land Valuation Board framework of the development of an ARP regional offices 13 Identify vulnerable people when developing Resettlement Consultant for RAPs or RAPs and ARPs GWCL regional office for ARPs 14 Review of RAPs and ARPs PMU and World Bank 15 Budgeting of compensation costs PMU with relevant authorities in the central Government 16 Determine arrangements for channelling PMU with relevant authorities in the compensation funds central Government 17 Implement RAPs and ARPs GWCL regional offices with technical support from the PMU (technical assistance by consultants may be required) 11.2 Resources, technical support and capacity enhancement 11.2.1 Resources available to deal with resettlement issues GWCL has few human resources available to deal with land, compensation and resettlement issues. The Estate Unit in the headquarters has only three staff. The regional offices are reported to deal with land issues and seek relevant cooperation from competent agencies at regional level, such as the regional branches of the Lands Commission and the Land Valuation Board. However, there are reports that land and compensation issues are not always dealt with effectively. For instance, some GWCL facilities are reported to have been in operation for many years on land that was never compensated for. 11.2.2 Technical support and capacity building Compliance with World Bank policies needs some capacity building at the levels of both Project management (GWCUPMU) and Project implementation at the regional level (GWCLUregional offices). A training workshop is to be organized as part of this assignment (see Resettlement Training Plan). In addition to this session, the following activities are proposed with respect to technical support and capacity building: * The first RAP to be prepared in the framework of this Project should be developed by Ghanaian consultants with support from an experienced international consultant, in order to bring in international experience into field practice; Ghana WSRP RPF 9P25031R/FG/Rottl Draft final report =46- April 2004 l~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 . ROYAL HAIKONING At implementation stage, it is recommended that Ghanaian consultants provide support to GWCL offices and other parties involved. Budgetary provisions are made accordingly. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 47 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ! ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~O 0 000 ROYAL HASKONING 12 BUDGET AND FUNDING 12.1 Budget of resettlement activities related with FYIP Based on the preliminary quantitative estimate of affected assets and affected people presented in paragraph 2.3, the budget for resettlement activities associated with the First Year Implementation Plan is assessed as follows: Table 7 Estimated and Tentative Resettlement Budget for FYIP IrEM Ghanaian Cedis USD 2 PLAND ACQUISITION I1 Compensation for permanent acquisition of land 810 000 000 90 000 12 Compensation for acquisition of easement rights 108 000 000 12 000 13 Compensation for temporary occupation of land 54 000 000 6 000 Subtotal (land acquisition) 972 000 000 108 000 2 CROP COMPENSATION 21 Compensation fordestruction of standing crops 405 000 000 45 000 22 Compensation for damaged crops 180 000 000 20 000 Subtotal (crop compensation) 585 000 000 65 000 3 STRUCTURES 31 Compensation for destruction of permanent immoveable structures 63 000 000 7 000 32 Temporary displacement of moveable structures 1 350 000 000 150 000 Subtotal (structures) 1 413 000 000 157 000 4 LIVELIHOOD RESTORATION 41 Farmers 411 Compensation for farmers'loss of income 90 000 000 10 000 412 Additional assistance (including vulnerable people) 45 000 000 5 000 42 Businesses 421 Compensation for businesspersons' loss of income 900 000 000 100 000 422 Additional assistance (including vulnerable people) 45 000 000 5 000 43 Users of communal resources 431 Cash compensation of losses of income 54 000 000 6 000 432 Additional assistance (including vulnerable people) 45 000 000 5 000 Subtotal (livelihood restoration) 1 179 000 000 131 000 5 DISTURBANCEALLOWANCE- 10% OF COMPENSATIONS Subtotal (contingencies) 297 000 000 33 000 6 NIMPLEMENTATION COSTS - CAPACITY BUILDING - 6___ CONSULTING 61 Development of RA Ps and A RPs 900 000 000 100 000 62 Legal fees 180 000 000 20 000 63 Capacity building - international consultant 450 000 000 50 000 Subtotal (implementation) 1 530 000 000 170 000 TOTAL COMPENSATIONS (Government of Ghana) 4 446 000 000 494 000 TOTAL IMPLEMENTATION (IDA loan) 1 530 000 000 170 000 GRAND TOTAL 5 976 000 000 664 000 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 48 - April 2004 ROYAL HASKONING This budget will need refinement when RAPs and ARPs are developed. Appendix 12 provides a template for the itemization of budgets to be prepared under RAPs and ARPs. 12.2 Arrangements for funding According to its Involuntary Resettlement policy (OP 4.12), "the Bank does not disburse against cash compensation and other resettlement assistance paid in cash, or against the cost of land (including compensation for land acquisition). However, it may finance the cost of land improvement associated with resettlement activities." As a result, the IDA loan under which the WSR is funded cannot finance cash compensation or land acquisition for resettlement purposes. Compensation and land acquisition for resettlement sites (if any need) will be funded by the Government of Ghana. Fund channelling arrangements are to be determined by the GWCLUPMU. In the unlikely event where resettlement housing would need to be constructed, this can be funded by the IDA loan, as well as consulting services, supervision, monitoring and evaluation. Appendix 12 provides a template compensation payment form. 12.3 Compensation payment procedure Each eligible affected person will sign a compensation certificate together with the authorized Project representative. The compensation certificate will clarify mutual commitments as follows: * on the Project side: commitment to pay the agreed compensation, including all its components (resettlement package, in-kind compensation and cash compensation); * on the affected person's side: commitment to vacate the land by the agreed date. The format of payment certificates will be developed in order to be as easily understandable as possible to affected residents. Compensation will be paid prior to the affected person vacating the land. Actual vacation will be monitored by GWCL in cooperation with local authorities (District Assembly representatives and local elders). 12.4 Priority tasks As soon as the design consultant has finalized preliminary routing and siting of sub- project components in Accra and Kumasi, preliminary reconnaissance of resettlement and land acquisition issues related with these sub-projects will need to be carried out as soon as practical. Following this pre-identification, processes outlined in Figures 2 & 3 will need to be followed, including the determination and release of the cut-off date. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 49 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING Appendix 1 List of officials met Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ KOVAL HASKONING List of officials met Name Position Organization Lokko, Fred C. Regional Chief Manager, Accra West Ghana Water Company Bayor, M.A.M. Director, Human Resources and Administration Land Valuation Board Dayuor, Head of Estate Unit Ghana Water Company Augustine Nkrumah, Water Sector Restructuring Project, Project Ghana Water Company Emmanuel Director, Project Management Unit, Water Resources Commission Bampoh, Daniel Engineer, Project Management Unit, Water Ghana Water Company Resources Commission Adjei, Benson Senior valuer, Accra Regional Office Land Valuation Board Nuduo, E.D. Executive Secretary Land Valuation Board Adu, Mr Deputy Chief Lands Officer Lands Commission Odame, Mr Land Valuation Board Agyemang, Mr Ministry of Lands and Forestry Okine, Asante Chief resettlement officer Volta River Authority Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 CDO 0 0 ROYAL HASKONING Appendix 2 List of documents reviewed and/or used Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 KOVAL HAIKONING List of documents reviewed and/or used Author Document name Date Esso Exploration and Production Chad Oil Project: Resettlement Action Plan August 2001 Giovannetti for AES Ltd Bujagali hydropower project (Uganda) - February 2002 Resettlement Action Plan Giovannetti for Agence Mauritanienne d'Execution des El Mina, Nouakshott: Slum upgrading December 2000 Travaux d'Interet Public programme, Resettlement Action Plan Giovannetti for Ministry of Water Water Supply and Sanitation Project - Resources, Federal Democratic Resettlement Policy Framework February 2004 Republic of Ethiopia Giovannetti for SOCOPRIM SA Liaison Riviera Marcory, Abidjan, Cote April 1998 d'lvoire - Resettlement Action Plan Ministry of Education, Youth and Education Sector Project - Resettlement June 2003 Sports Policy Framework Ministry of Land and Forestry Ghana Land Administration Project - January 2003 Resettlement Policy Framework Pooley and Mensah for Ghanaian Australian Goldfields Ltd, Teberebie South East Waste Rock Dump - October 2003 Iduapriem - Teberebie Resettlement Action Plan Operations, Tarkwa, Ghana Distribution System Upgrade Project - Refast Consulting, Tema, Ghana, Environmental and Social Impact December 2003 for Ministry of Energy and Assessment - Volume 2 (Compensation and Electricity Company of Ghana Resettlement Plan) Ghana Thermal Power Project - Prestea- Volta River Authority Obuasi Transmission Line - Resettlement Action Plan, Resettlement Audit, Lessons for September 2003 the Future World Bank Group OP 4.12 - Involuntary Resettlement December 2001 World Bank Group BP 4.12 - Involuntary Resettlement December 2001 World Bank Group OP 4.12 - Involuntary Resettlement - Annex December 2001 ~A Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -2- April 2004 cl 0 a1 on ROYAL HAIKONING Appendix 3 Project description (FYIP) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 3 - April 2004 ROYAL HASKONING Project description (FYIP) Location Project Component ASHANTI 1 Obuasi 100mm dia uPVC distr. Mains at Gausu/Ramia(5km) 100mm dia uPVC mains ext. at Abompekrom/Nyamebekyere(3km) 100mm dia. uPVC mains ext. at Bogobire/Nkamprom/Bedieso(3km) 100mm dia. uPVC Mains Extension at Link Industrial Area(2km) 2 Agona/Jamasi Drilling and mechanisation of 2 boreholes + redeveloping of one borehole 3 Kumasi City Continuation of 250mm uPVC class "C" mains extension from airport to Buokrom/Kenyase(3km) 400mm uPVC class "C" trunk mains reinforcement from Abrepo Junction to Sofoline Roudabout(3km) 300mm uPVC class "C" distribution mains renewal from Sofoline Roudabout to Asuoyeboo(3km) 300mm uPVC class "C" mains reinforcement from Sofoline to Santasi Roudabout(4km) 400mm uPVC class "C" trunk mains extension from Asokwa Police Station to Anloga Junction 4 Kumasi South 200mm uPVC class "C" mains extension from Ahodwo Roundabout to Atinga Station(0.5km) 5 Kumasi West 200mm uPVC class "C" mains extension from Agric Junction(Sunyani Road) to Agric. College(4km) 100mm uPVC mains extension at Edwenasi(4km) 150mm uPVC mains extension from Agric station to Nzema (3km) 100mm uPVC mains extension from Santasi to Atasomanso Zongo (3km) 6 Kumasi East 200mm uPVC mains extension from Santasi to Asokore Mampong(2km) 7 Kumasi 100mm uPVC distribution in Pankrono (5km) + Booster station North/East 8 Mampong distribution extension of 100mm, 2km and 150mm(5km) Ashanti Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 4 - April 2004 ROYAL HASKONING Location Project Component 100mm uPVC dia. UPVC distribution mains extension to Nsutaman Sec. Sch (1km) + 2km for distribution in Beposo and Nsuta town CENTRAL REGION 1 Cape Coast Dredge Raw Water Reservoir at Brimsu Renewal of transmission mains 150mm AC from Bakano through to Ola Estate with 200mm dia uPVC (4km) Extend pipes to settlements around UCC including Kwapro, Kwesiprah, Amomama, and Apewosika involving transmission main, 4km of 150mm uPVC and distribution of 2.6km of 100mm dia pipeline 2 Elmina Relocation of 150mm, 1.3km pipeline Elmina new market +200mm, 1.9km at Barnor Hill 3 Komenda Reinforcement of the pipelines at Komenda(150mm, 1.9km) and Kissi-Kwahinkrom(150mm, 3.1 km) GREATER ACCRA 1 Accra Nortwest Extension to Awoshie100mm(lOkm), Anyaa 100mm (10km), Ablekuma(NIC) 100mm(lOkm) - Distribution system to connect to transmission mains under construction. Renew 500mm trnsmission main, 5km AC pipeline from Busia Junction to Dansoman Roundabout with HDPE Replace 100mm, 0.5km AC pipeline in Awudome Estates with PVC Extension with 100mm, PVC pipeline to Darkuman(Circle Trotro Station)(0.3km), and Odorkor Official town(0.2km) Replace 150mm, 1km, AC pipeline at CMB flat, Kaneshie Kwasiemann with with PVC pipe Extension with 100mm, PVC pipeline to Opete Kwei. 1 km Provide mains extension 150mm, 4km uPVC to Gbawe and Trantra Hill to connect to existing transmission mains 2 Accra West Replace 100mm, choked old cast iron pipe in Chorkor-(Attoh Quashie-ChemunaTr. St.), 0.45km ,Old Winneba Road,0.5km Replacement of AC pipelines 150mm, 1.5km, Gamot-Interplast-Anyidaho, Extensions Abeka Lapaz (NM, OB) 150mm, 5km, Abeka Lapaz(RC,PGH)100mm, 5km Extensions to Chantan, lsrael(150mm, 3km) Sowutuom(Polo J, MR) 100mm, 5km Mains extension to Zongo junction (GWCL office, Radio Gold), 100mm, 0.3km Replace 100mm, 0.3km uPVC at Abbosey Okai(Anglican Church) and Korle Gonno Mains extension 100mm, 0.5km to Laterbiokorshie, and 1km to GWCL Office(Ac. West), 0.3km to Mamprobi (Abodwe Area-Link 3Ring Network) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 5 - April 2004 ROYAL HASKONING Location Project Component distribution mains extension to Kasoa township(150mm, 5km,) to connect transmission line under construction 3 Accra East Mains extension to Abavana Junction down, Nestle Gulf house, 100mm, 3km Replacement of pipelines: MATS to Teshie old town, 100mm, 4km, Teshie Guest Inn Road- CDR, 150mm, 1.2km Nungua Zongo, Opoi Gonno, Camp 2(New Area), 100mm, 3km Expansion to Asafoiatse Nettey Road,200mm, 3km Osu Salem Road 100mm, 2.0km 4 Tema Mains extension, 150mm to Celebrity Area, 4.0km, Unilever Area, 3.6km, Mains extension to Adjei Kojo, 100mm,2km; Baatsona 150mm, 5.0km, and New town NORTHERN REGION Tamale Replace 50mm bottleneck with 100mm pvc (2.7km) Complete replacement of 250mm , 1.5km steel pipe from Gumo station to airforce station Replace 50mm bottleneck with 100mm pvc (2.1km) & network all pipes that cover the area to improve flow Extend pipelines to Airforce/Airborne Station, 100mm, 2km Replace 300mm AC line with uPVC, 2.1km at Zogbeli-Lamashegu Extend pipelines to Adubiliyili, Tugu Yapale, Banvim, Bilpela, Ghana Sec.Sch., Vittin, Checo ISalaga Rdi. B,sco. I10umm. 6Km UPPER EAST REGION 1 Navrongo Drilling and mechanisation of 3 boreholes VRA power extension to all boreholes Laying of 150mm, 3km transmision mains Rehabilitation of existing tank 2 Bawku Redevelopment and mechanisation of additional 5no. existing boreholes Extension of VRA grid,1 Okm Laying of transmission mains, 200mm(3km), VOLTA REGION 1 Ho 100mm uPVC mains extension on Adaklu Road(4km) 100mm uPVC mains extension to Tsiyikpota(2.5km) 150mm uPVC mains extension to Kabaka(2.0) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 6 - April 2004 _ coD ROYAL HAIKONING Location Project Component 100mm uPVC mains extension to Kpenoe(2km) 100mm uPVC mains extension to proposed EP University(2km) 100mm uPVC distribution improvement at afifekope(2.Okm) 100mm uPVC distribution improvement at Sokode (1.0km) 2 Hohoe relocate 150/250mm AC mains with 150/250mm uPVC along St. Francis college Mains extension to Bla, Water Works road(3km), Kpeme/Gbohome/Lowcost, Wegbe/Lolobi 3 Deneu/Aflao Mains extension to low cost area-Aflao, and New Hope Clinic Area Denu, both 100mm, 2km Mains extension to Market Square & Beat 9 Road, 100mm, 3.0km Rehabilitation of 90m3 GRP tank at Aflao 4 Peki 100mm uPVC mains extension to Peki Adzokoe(1.Okm) 100mm uPVC mains extension to Peki Dzake(1.0km) WESTERN REGION 1 Sekondi/ Mains extension to Beach road, 100mm uPVC pipe, 1.5km Takoradi Mains extension to West Anaji, 100mm uPVC pipe, 2.0km Mains extension to Namibia, 100mm uPVC pipe, 3.0km Mains extension to Kwesimintsim, 100mm uPVC pipe, 1.0km and other areas Mains extension to New Kwesimintsim, 100mm uPVC pipe, 2.0km Mains extension to Tadisco down, and others 100mm uPVC pipe, 1 Okm Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -7- April 2004 ROYAL HASKONING Appendix 4 World Bank Policy on Involuntary Resettlement (OP 4.12) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 _U ROYAL HASKONING World Bank policy on involuntary Resettlement (OP 4.12) OP 4.12 December 2001 These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Involuntary Resettlement Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). 1. Bank I experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. Policy Objectives 2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the following: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.2 (b) 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 persons3 should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) 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.4 Impacts Covered 3. This policy covers direct economic and social impacts5 that both result from Bank- assisted investment projects6, and are caused by (a) the involuntary7 taking of land8 resulting in (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 ROYAL NASKONIUG (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. 4. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project. 5. Requests for guidance on the application and scope of this policy should be addressed to the Resettlement Committee (see BP 4.12, para. 7).10 Required Measures 6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following: (a) The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost] I for losses of assets 12 attributable directly to the project. (b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. 13 (c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; 14 and (ii) provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii), such as land preparation, credit facilities, training, or job opportunities. 7. In projects involving involuntary restriction of access to legally designated parks and protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, is determined with the participation of the displaced persons during the design and implementation of the project. In such cases, the borrower prepares a process framework acceptable to the Bank, describing the participatory process by which Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 3 - April 2004 0 00 g ROYAL HASKONING (a) specific components of the project will be prepared and implemented; (b) the criteria for eligibility of displaced persons will be determined; (c) measures to assist the displaced persons in their efforts to improve their livelihoods, or at least to restore them, in real terms, while maintaining the sustainability of the park or protected area, will be identified; and (d) potential conflicts involving displaced persons will be resolved. The process framework also includes a description of the arrangements for implementing and monitoring the process. 8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, 1 5 ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. 9. Bank experience has shown that resettlement of indigenous peoples with traditional land- based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to land-based resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11). 10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30). 11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, 16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. 12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction] 7 of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 4 - April 2004 ROYAL HASKONING livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. 13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following: (a) Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. (b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder). (c) Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers' preferences with respect to relocating in preexisting communities and groups are honored. Eligibility for Benefits 18 14. Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms. 15. Criteria for Eligibility. Displaced persons may be classified in one of the following three groups: (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 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 (see Annex A, para. 7(f)); andl9 (c) those who have no recognizable legal right or claim to the land they are occupying. 16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistanc2O 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.21 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 para. 15(a), (b), or (c) are provided compensation for loss of assets other than land. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 5 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING Resettlement Planning, Implementation, and Monitoring 17. To achieve the objectives of this policy, different planning instruments are used, depending on the type of project: (a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A); (b) a resettlement policy framework is required for operations referred to in paras. 26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex A); and (c) a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31). 18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the "resettlement instruments"), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project. 19. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs.22 The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. 20. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettlers (as compared to the "without-project" circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective. 21. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument. 22. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner.23 23. The borrower's obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project. 24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation to determine compliance with the resettlement instrument. Upon completion Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 6 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16). Resettlement Instruments Resettlement Plan 25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where impacts on the entire displaced population are minor,25 or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower (see An Aex_, para. 22). The information disclosure procedures set forth in para. 22 apply. Resettlement Policy Framework 26. For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23-25). The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. 27. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the Fl submit to the Bank a resettlement policy framework conforming to this policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the Fl, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential subborrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing. 28. For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. 29. For each subproject included in a project described in para. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 7 - April 2004 U~~ - ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~ 0 - 0gg non ROYAL HASKONING 30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity's approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank. Process Framework 31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project. Assistance to the Borrower 32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support the borrower and other concerned entities by providing (a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, regional, or sectoral level; (b) financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations; (c) financing of technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and (d) financing of the investment costs of resettlement. 33. The Bank may finance either a component of the main investment causing displacement and requiring resettlement, or a free-standing resettlement project with appropriate cross- conditionalities, processed and implemented in parallel with the investment that causes the displacement. The Bank may finance resettlement even though it is not financing the main investment that makes resettlement necessary. 34. The Bank does not disburse against cash compensation and other resettlement assistance paid in cash, or against the cost of land (including compensation for land acquisition). However, it may finance the cost of land improvement associated with resettlement activities. 1. "Bank" includes IDA; "loans" includes credits, guarantees, Project Preparation Facility (PPF) advances and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs under adjustment operations. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 8 - April 2004 _ 0 n o non ROVAL HASKOMING 2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken into account, as relevant. These policies include OP 4.01 Environmental Assessment, OP 4.04 Natural Habitats, OP 4.1 1 Safeguarding Cultural Property in Bank-Assisted Projects, and OD 4.20 Indigenous Peoples. 3. The term "displaced persons" refers to persons who are affected in any of the ways described in para. 3 of this OP. 4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their livelihoods in a manner that maintains the sustainability of the parks and protected areas. 5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments. 6. This policy does not apply to restrictions of access to natural resources under community-based projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see QP/BP 8.50, Emergency Recovery Assistance). 7. For purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. 8. "Land" includes anything growing on or permanently affixed to land, such as buildings and crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups. 9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para. 3(a). 10. The Resettlement Sourcebook (forthcoming) provides good practice guidance to staff on the policy. 11. "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6. 12. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. 13. The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost. 14. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements 15. See OD 4.20, Indigenous Peoples. 16. See OP 4.04, Natural Habitats. 17. As a general principle, this applies if the land taken constitutes less than 20% of the total productive area. 18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30). 19. Such claims could be derived from adverse possession, from continued possession of public lands Ghana WSRP RPF 9P2503/R/FG/Rott1 Draft final report - 9 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ cooo ROYAL HASIKONING without government action for eviction (that is, with the implicit leave of the government), or from customary and traditional law and usage, and so on. 20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate. 21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 22. For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advise on all aspects of the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01, Environmental Assessment, the resettlement panel may form part of the environmental panel of experts. See BP 17.50, Disclosure of Operational Information (forthcoming) for detailed disclosure procedures. 24. An exception to this requirement may be made in highly unusual circumstances (such as emergency recovery operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management's approval stipulates a timetable and budget for developing the resettlement plan. 25. Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of their productive assets are lost. 26. For purpose of this paragraph, the term "subprojects" includes components and subcomponents. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 10 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 0 El~~~~~~~~~~~~~~~~ g w~~~~~~~~~~~~~~~~~~~~O ROYAL HASKONING OP 4.12 -- Annex A December 2001 These policies were prepared for use by World Bank staff and are not necessarily a complete ,treatment of the subject. Involuntary Resettlement Instruments 1. This annex describes the elements of a resettlement plan, an abbreviated resettlement plan, a resettlement policy framework, and a resettlement process framework, as discussed in OP 4.12, paras. 17-31. Resettlement Plan 2. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. 3. Description of the project. General description of the project and identification of the project area. 4. Potential impacts. Identification of (a) the project component or activities that give rise to resettlement; (b) the zone of impact of such component or activities; (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. 5. Objectives. The main objectives of the resettlement program. 6. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (a) the results of a census survey covering (i) current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 11 - April 2004 000 *OYAL HASKONING (iii) the magnitude of the expected loss-total or partial-of assets, and the extent of displacement, physical or economic; (iv) information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; and (v) provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. (b) Other studies describing the following (i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (ii) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (iii) public infrastructure and social services that will be affected; and (iv) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 7. Legalframework. The findings of an analysis of the legal framework, covering (a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available altemative dispute resolution mechanisms that may be relevant to resettlement under the project; (c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legislation; (d) laws and regulations relating to the agencies responsible for implementing resettlement activities; (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy, and the mechanisms to bridge such gaps; and (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land-including claims that derive from customary law and traditional usage (see OP 4.12, para.15 b). Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 12 - April 2004 oD *OYAL HASKONING 8. Institutional Framework. The findings of an analysis of the institutional framework covering (a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 9. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 10. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. I 11. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12, para. 6). In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. 12. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and (d) legal arrangements for regularizing tenure and transferring titles to resettlers. 13. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services);2 plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 14. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement3 and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 15. Community participation. Involvement of resettlers and host communities,4 including (a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities; Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -13- April 2004 |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~E 13 - o* KOVAL IIASKONING (b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries);5 and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 16. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; (c) arrangements for addressing any conflict that may arise between resettlers and host communities; and (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 17. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 18. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 19. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 20. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 21. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -14 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. Abbreviated Resettlement Plan 22. An abbreviated plan covers the following minimum elements:6 (a) a census survey of displaced persons and valuation of assets; (b) description of compensation and other resettlement assistance to be provided; (c) consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) arrangements for monitoring and implementation; and (f) a timetable and budget. Resettlement Policy Framework 23. The purpose of the policy framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects to be prepared during project implementation (see OP 4.12, paras. 26-28). Subproject resettlement plans consistent with the policy framework subsequently are submitted to the Bank for approval after specific planning information becomes available (see OP 4.12, para. 29). 24. The resettlement policy framework covers the following elements, consistent with the provisions described in OP 4.12, paras. 2 and 4: (a) a brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plan as described in paras. 2-21 or an abbreviated plan as described in para. 22 cannot be prepared by project appraisal; (b) principles and objectives governing resettlement preparation and implementation; (c) a description of the process for preparing and approving resettlement plans; (d) estimated population displacement and likely categories of displaced persons, to the extent feasible; (e) eligibility criteria for defining various categories of displaced persons; (f) a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; (g) methods of valuing affected assets; (h) organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; (i) a description of the implementation process, linking resettlement implementation to civil works; (j) a description of grievance redress mechanisms; (k) a description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements; Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 15 - April 2004 non non KOYAL HASKONING (1) a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and (m) arrangements for monitoring by the implementing agency and, if required, by independent monitors. 25. When a resettlement policy framework is the only document that needs to be submitted as a condition of the loan, the resettlement plan to be submitted as a condition of subproject financing need not include the policy principles, entitlements, and eligibility criteria, organizational arrangements, arrangements for monitoring and evaluation, the framework for participation, and mechanisms for grievance redress set forth in the resettlement policy framework. The subproject-specific resettlement plan needs to include baseline census and socioeconomic survey information; specific compensation rates and standards; policy entitlements related to any additional impacts identified through the census or survey; description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement activities; and detailed cost estimate. Process Framework 26. A process framework is prepared when Bank-supported projects may cause restrictions in access to natural resources in legally designated parks and protected areas. The purpose of the process framework is to establish a process by which members of potentially affected communities participate in design of project components, determination of measures necessary to achieve resettlement policy objectives, and implementation and monitoring of relevant project activities (see OP 4.12, paras. 7 and 31). 27. Specifically, the process framework describes participatory processes by which the following activities will be accomplished (a) Project components will be prepared and implemented. The document should briefly describe the project and components or activities that may involve new or more stringent restrictions on natural resource use. It should also describe the process by which potentially displaced persons participate in project design. (b) Criteria for eligibility of affected persons will be determined. The document should establish that potentially affected communities will be involved in identifying any adverse impacts, assessing of the significance of impacts, and establishing of the criteria for eligibility for any mitigating or compensating measures necessary. (c) Measures to assist affected persons in their efforts to improve their livelihoods or restore them, in real terms, to pre-displacement levels, while maintaining the sustainability of the park or protected area will be identified. The document should describe methods and procedures by which communities will identify and choose potential mitigating or compensating measures to be provided to those adversely affected, and procedures by which adversely affected community members will decide among the options available to them. (d) Potential conflicts or grievances within or between affected communities will be resolved. The document should describe the process for resolving disputes relating to resource use restrictions that may arise between or among affected communities, and grievances that may arise from members of communities who are dissatisfied with the eligibility criteria, community planning measures, or actual implementation. Additionally, the process framework should describe arrangements relating to the following Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 16 - April 2004 non non ROYAL HASKONING (e) Administrative and legal procedures. The document should review agreements reached regarding the process approach with relevant administrative jurisdictions and line ministries (including clear delineation for administrative and financial responsibilities under the project). (f) Monitoring arrangements. The document should review arrangements for participatory monitoring of project activities as they relate to (beneficial and adverse) impacts on persons within the project impact area, and for monitoring the effectiveness of measures taken to improve (or at minimum restore) incomes and living standards. 1. With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6. 2. Provision of health care services, particularly for pregnant women, infants, and the elderly, may be important during and after relocation to prevent increases in morbidity and mortality due to malnutrition, the psychological stress of being uprooted, and the increased risk of disease. 3. Negative impacts that should be anticipated and mitigated include, for rural resettlement, deforestation, overgrazing, soil erosion, sanitation, and pollution; for urban resettlement, projects should address such density-related issues as transportation capacity and access to potable water, sanitation systems, and health facilities. 4. Experience has shown that local NGOs often provide valuable assistance and ensure viable community participation. 5. OPN 11.03, Management of Cultural Property in Bank-Financed Projects. 6. In case some of the displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 17 - April 2004 ODD ROYAL HASKONING Appendix 5 Framework for the census of affected assets and affected people Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL HASKONING FRAMEWORK for the census of affected ASSETS AND AFFECTED people AFFECTED PLOT SHEET Reference: Location: Region: District: Village: GPS Coordinates: Surface: Description of soil: Perennial Crops: 1 Owner: 2 Owner: Annual Crops: 1 Owner: 2 Owner: Trees: 1 Owner: 2 Owner Structures: Channels: Owner: Anti-erosive structures: Owner: Buildings: Owner: Users: User 1: Surface used: Regime of tenure: User 2: Surface used: Regime of tenure: User 3: Surface used: Regime of tenure: User 4: Surface used: Regime of tenure: Valuation proposal (details of calculation on attached sheet): Crops: Structures: Proposed distribution of compensation: User 1: User 2: User 3: User 4: Date: Prepared By: Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2- April 2004 tl 0 ROYAL HASKONING AFFECTED BUILDING SHEET Reference: Location: Region: District: Village: GPS Coordinates: Photograph number: Owner: Address: Description: Permanent Non permanent Surface: Number of rooms: Walls: Material Condition Roof: Material Condition Floor: Material Condition Annexes outside: Latrine:Bathroom: Kitchen: Others: Additional features: Permanently Inhabited:By: Regime of occupation: Periodically Inhabited: By: Regime of occupation: Valuation proposal (details of calculation on attached sheet):: Proposed distribution of compensation: User 1: User 2: User 3: User 4: Date: Prepared By: Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 3 - April 2004 | ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 ROYAL HAIKONING AFFECTED HOUSEHOLD SHEET Household Reference: Location: Region: District: Village: Reference of Affected Asset: Type: Structure Plot Crop Reference of Affected Asset Sheet: Location: : : Zone: Region Household Information: Head of Household: Name: Age: Sex: Identity Document: Type: Number: Composition of Household: Number Name Relationship with Sex Age Household Head Socio-Economic Information: Occupations: Head of Household: Other members of Household: Number: Occupation: Number: Occupation: Number: Occupation: Number: Occupation: Total Estimated Household Cash Income: Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 4 - April 2004 ROYAL HASKONING Education level of Household Members: Number: Level: Number: Level: Number: Level: Number: Level: Project Impact: Assessment of the Impact of the Loss of the Affected Asset on Household's Livelihood: Proposed Compensation or Resettlement Package Household's Wishes Proposed Package Proposed Livelihood Restoration Package: Household's Wishes Proposed Package Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 5 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D 0-0 ROYAL HASKONING Appendix 6 Outline of a Resettlement Action Plan Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 I non non ROYAL HASKONING OUTLINE OF A RESETTLEMENT ACTION PLAN Reference: OP 4.12, annex A. 1. Description of the sub-project and of its potential land impacts 1.1 General description of the project and identification of the project area 1.2 Potential impacts. Identification of 1.2.1 the project component or activities that give rise to resettlement; 1.2.2 the zone of impact of such component or activities; 1.2.3 the alternatives considered to avoid or minimize resettlement; and 1.2.4 the mechanisms established to minimize resettlement, to the extent possible, during project implementation. 2. Objectives. The main objectives of the resettlement program. 3. Socio-economic studies and census of affected assets and affected livelihoods. The findings of socio-economic studies and census to be conducted with the involvement of potentially displaced people, include: 3.1 the results of a census survey covering current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; 3.2 standard characteristics of displaced households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; 3.3 the magnitude of the expected loss-total or partial-of assets, and the extent of displacement, physical or economic; 3.4 information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; 3.5 provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. 3.6 Other studies describing the following 3.6.1 land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; 3.6.2 the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; 3.6.3 public infrastructure and social services that will be affected; and 3.6.4 social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Don ROYAL HAIKONING organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 4. Legal and Institutional Framework. 4.1 Summary of the information included in this RPF 4.2 Local legal specificities if any 4.3 Local institutional specificities 4.3.1 identification of agencies locally responsible for resettlement activities and NGOs that may have a role in project implementation; 4.3.2 assessment of the institutional capacity of such agencies and NGOs; and 5. Eligibility and entitlements. Based on the definitions and categorization in this RPF (see entitlement matrix), definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 6. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. 7. Resettlement measures: 7.1 Description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12, para. 6). 7.2 Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected. 7.3 Legal arrangements for regularizing tenure and transferring titles to resettlers. 7.4 Housing, infrastructure, and social services. 7.5 Environmental protection and management. 7.6 Community participation. Involvement of resettlers and host communities 7.7 Integration with host populations. Measures to mitigate the impact of resettlement on any host communities 7.8 Specific assistance measures intended for vulnerable people, to be identified for instance amongst those listed in section 8 of the RPF 8. Grievance procedures. Based on the principle mechanisms described in this RPF, description of affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 9. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 3 - April 2004 non 1l~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ gl ROYAL HASKONING resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 10. Implementation schedule. Based on the template presented in the RPF, present an implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 11. Costs and budget. Tables showing itemized cost estimates for all resettlement activities (see Appendix 12 of this RPF), including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 12. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 4 - April 2004 00El ROYAL HASKONING Appendix 7 Outline of an Abbreviated Resettlement Plan Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 cooo OSD ROYAL HASKONING Outline of an ABBREVIATED RESETTLEMENT PLAN Depending on the magnitude of the displacement, an Abbreviated Resettlement Plan (ARP) should be between 10 and 25 pages, including annexes. 1. Brief Description of the Sub-Project 1.1. Sub-Project Land Needs 1.2. Land Needs Justification and Minimization 2. Census Survey of Displaced Persons and Valuation of Assets 2.1. Methodology 2.2. Results 3. Affected Assets 4. Socio-Economic Features and Affected People's Livelihoods 5. Description of Compensation and Other Resettlement Assistance 6. Consultation with Displaced People 7. Procedures for Grievance Redress 8. Monitoring and Evaluation 9. Institutional Responsibilities and Arrangements for Implementation 10. Timetable, Budget and Funding Arrangements Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 .U- : * ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 ROYAL HASKONING Appendix 8 Crop rates (January 2000) per acre Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 I l l~~~~~~~~~~~~~~~~~~~~~o non ROYAL HASKONING Crop Rates (January 2002) Per Acre Source: Land Valuation Board Per acre, unless otherwise specified Serial CROP STAGE 1 STAGE 2 S STAGE 3 M STAGE 4 L No. SEEDLING 1/4GROWN % GROWN MATURED 1. Cassava ¢1,206,581.00 1,425,821.00 ¢1,645,061.00 02,138,351.00 2. Cocoyam ¢1,191,356,00 ¢1,374,056.00 ¢1,556,756.00 ¢t1,940,426.00 3. Yam ¢1,506,513.00 ¢1,689,213.00 ¢Z2,036,343.00 ¢2,365,203.00 4. Maize, Millet, ¢1,110,863.00 ¢1,183,743.00 ¢1,371,772.00 ¢1:,883,332.00 Guinea Corn, Sorghum, 5. Garden Egg ¢916,545.00 ¢1,291,080.00 ¢1,665,615.00 02,396,415.00 6. Pepper 0916,545.00 ¢1,291,080.00 ¢1,901,602.00 02,615,655.00 7. Tomato ¢1,065,750.00 ¢ 1,483,676.00 ¢11,901,602.00 ¢2,264,718.00 8. Okro ¢858,690.00 ¢D1,141,875.00 ¢1,425,060.00 ¢1,982,295.00 9. Onion ¢11,059.660.00 ¢1,361,115.00 ¢1,644,300.00 ¢2,082,780.00 10. Groundnut ¢1,042,151.00 ¢1,252,256.00 ¢1,398,446.00 02,202,296.00 Tiger Nut 11. Beans Cowpea ¢1,000,282.00 ¢1,320,000.00 ¢1,639,732.00 ¢2,260,912.00 12. Sugarcane 0896,752.00 01,115,992.00 ¢1,335,232.00 ¢1,828,522.00 13. Pineapple 02,436,000.00 02,691,780.00 ¢2,947,560.00 ¢3,130,260.00 (local) 14. Rice (Rain Fed) ¢1,596,341.00 02,144,441.00 02,692,541.00 ¢3,386,891.00 15. Rice (Irrigated) ¢1,596,341.00 ¢2,448,941.00 ¢3,301,541.00 ¢:3,995,801.00 16. Plantain/Banana ¢3,200.00 ¢4,800.00 06,400.00 ¢8,000.00 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -2- April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ROYAL IIASKONING Per acre, unless otherwise specified Serial Crop Stage 1 Stage 2 S Stage 3 M Stage 4 L N 0 Seedling 1/4 grown 1/2 ground Matured PERENNIALS 1. Cocoa (per Tree/600 ¢20,884.00 ¢31,326.00 041,768.00 052,210.00 acre) 09,200.00 013,800.00 ¢18,400.00 ¢23,000.00 2. Oil Palm (60 Trees ¢50,000.00 075,000.00 ¢100,000.00 125,000.00 Per Acre) Agric Per Tree 2a. Oil Palm (Wild) ¢32,000.00 048,000.00 ¢64,000.00 80,000.00 3. Coconut (Per Wild) ¢40,000.00 ¢60,000.00 ¢80,000.00 ¢100,000.00 4. Orange, Mango, ¢28,000.00 042,000.00 ¢56,000.00 (70,000.00) Kola, Avocado Pear (Per Tree) 5. Cashew 034,000.00 ¢51,000.00 068,000.00 ¢ 85,000.00 6. Sheabutter* ¢z28,000.00 ¢42,000.00 ¢56,000.00 ¢70,000.00 7. Dawadawa* 026,000.00 039,000.00 ¢52,000.00 065,000.00 8. Apple, Guava & l6,000.00 ¢24,000.00 ¢32,000.00 ¢40,000.00 Black Berry 9. Pawpaw (Fruit ¢2,400.00 03,600.00 04,800.00 ¢6,000.00 Bearing) 10. Sour Soup ¢55,000.00 11. Raffia Palm ¢8,000.00 o1 2,000.00 o1 5,000.00 ¢20,000.00 12. Bamboo 09,000.00 013,000.00 016,000.00 025,000.00 13. Para Rubber Custard ¢16,000.00 ¢39,000.00 ¢52,000.00 ¢85,000.00 Apple Pawpaw ¢18,000.00 14. Guava ¢_40,000.00 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report -3- April 2004 ROYAL HASKONING Appendix 9 Comparison of LVB crop rates with full replacement value Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 U non non ROYAL HASKONING COMPARISON OF LVB CROP RATES WITH FULL REPLACEMENT VALUE Land Valuation Board official rates for crops (see Appendix 8) have been compared with rates calculated using the full replacement value. The reference used for full replacement values has been prepared by J. Owusu-Ayirebi for Pooley & Mensah and Ghanaian Australian Goldfields Ltd (Iduapriem/Teberebie operations14). The results are presented in the following table for annual crops: LVB rate for fully grown Full replacement value crop (Cedis per acre) (Cedis per acre) Cassava 2 138 351 3 715 200 Cocoyam 1 940 426 3 969 000 Yam 2 365 203 12 699 000 Maize 1 883 332 2 538 000 Pineapple (local) 3 130 260 4 262 670 14 t Pooley and Mensah for Ghanaian Australian Goldfields Ltd, Iduapriem - Teberebie Operations, Tarkwa, Ghana - Teberebie South East Waste Rock Dump - Resettlement Action Plan - October 2003 Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 D 0 ROYAL HASKONING Appendix 10 Template of a claim registration and follow-up form Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 ROYAL HAIKONING TEMPLATE OF A CLAIM REGISTRATION and Follow-up FORM Date: Prepared by: Aagrieved person: Full name: Residence: Project registration number: Reason for the claim (detailed description of the aggrieved person's version): Composition of the mediation committee: - Chair (name, position): - District chief executive representative (name, position): - Project (name, position): - Other elders(name, position): 0 0 0 Report of mediation efforts: Aareed solution: Implementation of the agreed solution: Close-out: In case no settlement is reached: - Reason why no settlement could be reached: - Follow-up by claimant: Ghana WSRP RPF 9P2503/R/FG/Rott1 Draft final report - 2 - April 2004 s <~~~~~~~~~~~o ROYAL HASKONING Appendix 1 1 Template of a consultation meeting minute form Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 000 ROYAL HAIKONING TEMPLATE OF A CONSULTATION MEETING MINUTE FORM Date Venue: Project particiDants: Other Darticivants (name, position): Total number: Objective and agenda of the meeting: Points addressed by Project: Points raised by Darticipants: Follow-UD activities: Prepared by: Date: Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004 R~~~~~~~~~~~~~~ n ROYAL HASKONING Appendix 12 Template itemization of RAP/ARP budget Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report April 2004 ROYAL HASKONING TEMPLATE ITEMIZATION OF A RAP/ARP BUDGET N° Item Ghanaian Cedis USD % (break down and detail as appropriate) A COMPENSATION Al Compensation for land acquisition A2 Compensation for destruction and damage to crops A3 Compensation for structures A4 Disturbance allowance A5 Contingencies - other compensations TOTAL COMPENSATION % B RESETTLEMENT B1 Resettlement land purchase B2 Resettlement land development 83 Housing construction TOTAL RESETTLEMENT % C ADDITIONAL MITIGATIONS Cl Livelihood restoration measures C2 Vulnerable groups C3 Coordination of additional mitigations C4 Grievance management TOTAL ADDITIONAL MITIGATIONS % D IMPLEMENTATION COSTS Dl Surveying and asset pre-identification D2 Valuation D3 Coordination and works supervision D4 Legal advice D6 Monitoring D7 Evaluation TOTAL IMPLEMENTATION o E CONTIGENCIES % % GRAND TOTAL 100% Ghana WSRP RPF 9P2503/R/FG/Rottl Draft final report - 2 - April 2004