RP1364 v2 LAND ACQUISITION COMPLETION REPORT FOR THE BAJKAJ LANDFILL AND HIMARA TRANSFER STATION. (First version December, 2013; Final October, 2014) VERIFICATION OF RESETTLEMENT ACTION PLAN (RAP), ENTITLEMENTS DELIVERY AND DISPUTE RESOLUTION FOR BAJKAJ - PALAVLI LANDFILL AND HIMARA (VUMBLO) TRANSFER STATION. Name of RAP Planner: Dr. Zef Preci Address: Gjon Pali II street, Tirana, ALBANIA Telephone: + (042) 243-714 Fax: + (042) 274-603 E-mail: zef.preci@gmail.com Duration of involvement: 1-30 June, 2013 and 15-30 October, 2014 ACRONYMS & ABBREVIATIONS CoM Decree Council of Ministers Decree FPD Forest and Pasture Department ICZMCP Integrated Coastal Zone Management and Cleanup Project, IPRO Immovable Property Registration Office MEFWA Ministry of Environment, Forestry and Water Administration MoAFCP Ministry of Agriculture, Food and Customer Protection MoF Ministry of Finance MoPWT Ministry of Public Works and Transport MoUDT Ministry of Urban Development and Tourism PAPs Project Affected People PCU Project Coordination Unit RAP Resettlement Action Plan TS Transfer Station 2 CONTENTS Acronyms & Abbreviations 2 1. EXECUTIVE SUMMARY ..................................................................................... 4 1.1 Bajkaj - Palavli Landfill ............................................................................... 4 1.2 Himara Transfer Station ............................................................................ 7 2. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION SCHEDULE .................... 8 2.1 Institutional Arrangements for Implementation ............................................ 8 2.2 Brief Description of Monitoring and other work carried out .......................... 11 2.3 Compensation ........................................................................................ 11 2.4 Legal Framework ................................................................................... 15 3. MONITORING AND EVALUATION ..................................................................... 17 3.1 Budget for RAP Implementation ................................................................ 18 3.2 Status of payments of compensation to affected families ............................. 18 3.3 Outstanding Issues Related to Payment of Compensation and Assistance ....... 18 3.4 Due diligence related to the Himara Transfer Station ................................. 188 3.5 Conclusion ............................................................................................. 19 Annex #1: List of Documents used for RAP Implementation................................. 200 Annex #2: Council of ministers decisions on expropriation for Bajkaj landfill construction and request for payment (MoF) ...................................................... 266 Annex #3: Confirmation of ownership status of Himara TS by Vlora IPRO .............. 377 Annex # 4: Location of Bajkaj Landfill and Himara TS ......................................... 388 3 1. EXECUTIVE SUMMARY 1.1. Bajkaj - Palavli Landfill The construction of the Bajkaj - Palavli Landfill in the Commune of Vergo (administrative unit of district of Delvine, Vlora region) financed through the World Bank- Integrated Coastal Zone Management and Clean Up Project (ICZMCP), specifically, by IDA Credit, Grant of Austrian Government and Albanian Government, required the acquisition of 3.23 hectares of land affecting 21 plots and 20 land owners. In October 2012 the Government adopted a Resettlement Action Plan (RAP)1 based on Albanian Regulations, the project’s Environmental and Social Safeguard Framework (ESSF) of February 2010 2, and the World Bank’s policy on involuntary resettlement (WB OP 4.12).3 During the preparation of the RAP, a gap vis-a-vis WB requirements regarding land valuation criteria was identified and corrective actions aimed and increasing the amount of compensation were adopted by the Government through the Council of Ministers’ Decision Nr. 541 dated June 13, 2013. The total estimated compensation value was of 19,547,136 ALL (approximately US$ 193,920). The land was used for livestock grazing, but no residences or other structures were present in the area and no physical displacement of population was required. The RAP4’s baseline survey showed that revenue from the land is not significant, as income streams of affected people are chiefly from remittances and non-agricultural employment. Even though land acquisition should had been completed before the commencement of the construction process there were delays due to administrative requirements, including the obligation of PAPs to provide full proof of the title property documentation. For this reason the contractor accessed the land before compensations were paid which caused tensions , consequently work stoppages at the landfill site from November 2013 to February 2014. Due to some discrepancies and inaccuracy on the number of properties to be expropriated, Council of Ministers’ Decision Nr. 541 dated June 13, 2013 was amended, through Decision No. 48, dated January 29, 2014. However, the situation was resolved in early February 2014, compensation payments were made immediately to PAPs, which allowed the works to resume in mid-February 2014. As of October 2014, 13 out of the 20 land owners have received compensation in full and in the remaining seven cases the PAPs are either deceased or living abroad, mostly in Greece. For all these pending cases, as per local law, the compensation money has been set aside in a special escrow account and is available in case absentee PAPs or 1 RAP for Palavli-Bajkaj Landfill http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/PDF /NonAsciiFileName0.pdf 2 ICZMP ESSF at http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2010/03/02/000333038_20100302003450/Rendered/PDF /E11410v80P0868070Box345602B01PUBLIC10.pdf 3 See RAP at http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/IND EX/NonAsciiFileName0.txt 4Exchange Rate 1USD = 105 ALL, Source: Bank of Albania (December average): http://www.bankofalbania.org/web/Kursi_i_Kembimit_2014_1.php 4 their legitimate heirs claim the payment. Efforts have been made to reach to those living abroad or to inform the heirs about the procedure required for receiving payment. There is one case of a family that is finalizing the legal inheritance procedure to be eligible for compensation. There have been no new complaints or community opposition to the landfill construction has been 90 % completed as of October 2014. Table 1. Impact on plots in Palavli village as per RAP Name of owner Plot area Area taken % of plot No. Cadastral ID (m2) (m2) taken 1 663 Kadri Dauti 2,913 399 13.7 2 664 Petrit Dauti 952 239 25.1 3 665 Eqerem Dauti 2,845 773 27.2 4 666 Rabije Raça 907 356 39.2 5 667 Sihat Raça 875 310 35.4 6 668 Idriz Raça 1,337 528 39.5 7 669 Nesip Raça 1,227 679 55.3 8 670 Bastri Raça 4,102 2,076 50.6 9 671 Vesel Sinani 1,641 860 52.4 10 672 Nazie Sinani 1,775 1,009 56.8 11 673 Taip Sinani 1,710 1,076 62.9 12 676 Teki Dauti 2,657 1,286 48.4 13 677 Teki Dauti 5,973 2,752 46.1 14 678 Sinan Kuçi 892 892 100 15 679 Ago Kuçi 1,859 1,859 100 16 680 Nedin Kuçi 2,349 2,349 100 17 681 Shahin Haderi 7,123 7,123 100 18 683 Arif Haderi 6,164 3,404 55.2 19 725 Shpetim Dauti 2,237 22 1.0 20 726 Teno Dauti 2,363 2,215 93.7 21 727 Daut Alinani 2,334 2,113 90.5 Total 54,235 32,320 5 Table 1/1. Impact on plots in Palavli village (with number of plots corrected) Compensation Plot Area % of Cadast Paid (LEK) No Name of owner area taken plot CoM Decision ral ID as of (m2) (m2) taken January 2015 1 663/1 Kadri Dauti 2,913 399 13.7 257,594 No. 48, 29.01.2014 2 664/1 Petrit Dauti 952 239 25.1 154,298 No. 48, 29.01.2014 3 665/1 Eqerem Dauti 2,845 773 27.2 4 666 Rabije Raça 907 356 39.2 5 667 Sihat Raça 875 310 35.4 6 668 Idriz Raça 1,337 528 39.5 7 669 Nesip Raça 1,227 679 55.3 8 670/1 Bastri Raça 4,102 2,076 50.6 1,340,265 No. 48, 29.01.2014 9 671/1 Vesel Sinani 1,641 860 52.4 544,240 No. 48, 29.01.2014 Nazie (Nafiz) 10 672/1 1,775 1,009 56.8 651,410 No. 48, 29.01.2014 Sinani 11 673/1 Taip Sinani 1,710 1,076 62.9 618,484 No. 48, 29.01.2014 12 676 Teki Dauti 2,657 1,286 48.4 13 677 Teki Dauti 5,973 2,752 46.1 14 678/1 Sinan Kuçi 892 892 100 549,405 No. 48, 29.01.2014 15 679 Ago Kuçi 1,859 1,859 100 1,200,170 No. 541, 13.06.2013 16 680/1 Nedin Kuçi 2,349 2,349 100 1,499,083 17 681 Shahin Haderi 7,123 7,123 100 4,598,609 No. 541, 13.06.2013 18 683/1 Arif Haderi 6,164 3,404 55.2 2,197,622 No. 48, 29.01.2014 19 725/1 Shpetim Dauti 2,237 22 1.00 14,203 No. 48, 29.01.2014 20 726 Teno Dauti 2,363 2,215 93.7 1,430,004 No. 48, 29.01.2014 21 727 Daut Alinani 2,334 2,113 90.5 Total 54,235 32,320 15,055,387 6 1.2 Himara Solid Waste Transfer Station (TS) The ICZMCP also finances the construction of a solid waste transfer station (TS) at Himara and the resettlement consultant was requested to verify that the acquisition of the land required for the project did not cause involuntary displacement of population. The site finally selected for the TS was chosen between three alternatives and it has advantages, because: (i) it is away from inhabited areas, compared with previous proposal for TS, as it is officially confirmed by the Mayor of Himara, specifically: 0.7 km air distance from the only building on the right of the road to Kudhes’ village (the only building one story within 1000 m perimeter); (ii) movement of trucks for waste transport to the Landfill will be limited in main road, (iii) there will be smaller disturbance on underground water, flora and fauna, agriculture and touristic activities and (iv) there is no plan foreseen for the development of the selected area, even in long term (e.g: touristic infrastructure, industry, agriculture, park or landscape of a special importance). According to the information provided by the Municipality of Himara on February 2014 and in the Environmental Impact Assessment (EIA) 5 for the transfer station dated May 2014, the current location of the transfer station and the construction of a dedicated access road does not generate the involuntary displacement of population because the area is not inhabited or used and the land belongs to the Municipality. 5 EIA for the Himara Transfer Station http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2014/05/21/000442464_20140521104205/Rendered/ PDF/E11410V90P086800Box385220B00PUBLIC0.pdf 7 2. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION SCHEDULE 2.1 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION The following table indicates the main institutional arrangements for the RAP implementation: 8 Table 1. Institutional Arrangements for implementation Key Items Main Responsible Institutions Expropriation Commission at the Ministry of Public Works and Transport 1. Verification of ownership titles (MoPWT) 2. Registration and issue of ownership titles Expropriation Commission 3. Submission of the requests for expropriation and file Expropriation Commission 4. Signing the agreement Expropriation Commission at the MoPWT 5. The notification on expropriation was sent to the Expropriation Commission/MoPWT PAPs and it was make public to the press 6. Grievances are filed and redressed Expropriation Commission 7. Completion of the expropriation case file Expropriation Commission 8. Submission of the proposal for expropriation Expropriation Commission 9. Decision on expropriation Council of Ministers Decree (CoM Decree) MoF (based on the CoM decision, No. 541, dated June 13, 2013) and CoM Decision No. 48, dated 29.1.2014, For some changes on CoM No. 541, dated 10. Delivery of payments 13.6.2013, “For the expropriation in public interest, of the owners of private immovable property that are affected by the landfill “Bajkaj”. 9 11. The contract on civil works was signed on June MoPWT 14, 2013 12. Civil Work started on July 2013 MoF (based on the Council of Minister Decreee No. 541, dated June 13, 2013)and 13. Liquidation for the project affected people by the CoM Decision No. 48, dated 29.1.2014, For some changes on CoM No. 541, construction of the “Bajkaj” landfill, who have submitted dated 13.6.2013, “For the expropriation in public interest, of the owners of private an application. immovable property, that are affected by the landfill “Bajkaj”. 14. Monitoring the process Ministry of Urban Development and Tourism (MoUDT) and RAP Consultant 15. Himara TS site location change Himara Municipality 16. Public consultation regarding the TS site location change Himara Municipality 17. Information exchange about the new TS site and Himara Municipality surrounding infrastructure Himara Municipality, Ministry of Urban Development and Tourism, ICZMCP 17. Getting clearance of Himara TS site ownership issues Project and RAP planner 10 2.2 BRIEF DESCRIPTION OF MONITORING AND OTHER WORK CARRIED OUT Following preliminary works, tasks which have been carried out by the RAP Planner regard-ing the justification and finalization of the juridical investigation related to the project affected people (PAPs) by the construction of Palavli-Bajkaj Landfill are: 1. Provision of legal assistance to the landowners/PAPs of Palavli-Bajkaj Landfill site; 2. Checking the existing legal documents for compliance with the normative legal acts; 3. Assessment of approaches to the situation of PAPs within the World Bank’s Involuntary Resettlement Policy (OP 4.12); 4. Collection of appropriate documents related to the assignment (see the attached list of documents); 5. Provision of appropriate assistance for the preparation of the relevant documents and procedures for the resettlement process 2.3 COMPENSATION The construction of the Palavli-Bajkaj Landfill in the Commune of Vergo (administrative unit of district of Delvine, Vlora region) financed through the World Bank- Integrated Coastal Zone Management Project (ICZMP), specifically, by IDA Credit, Grant of Austrian Government and Albanian Government, required the acquisition of 3.23 hectares of land affecting 21 plots and 20 land owners. In October 2012 the Government adopted a Resettlement Action Plan (RAP) 6 based on Albanian Regulations, the project’s Environmental and Social Safeguard Framework (ESSF) updated on February 2010 7, and the World Bank’s policy on involuntary resettlement policy (WB OP 4.12). 8 During the preparation of the RAP, a gap vis-a-vis WB requirements regarding land valuation criteria was identified and corrective actions aimed and increasing the amount of compensation were adopted by the Government through the Council of Ministers’ Decision Nr. 541 dated June 13, 2013 (amended through Decision No. 48, dated January 29, 2014). The total estimated compensation value was of 19,547,136 ALL (approximately US$ 193,920). The land was used for livestock grazing, but no residences or other structures were present in the area and no physical displacement of population was required. The RAP9’s 6 RAP for Palavli-Bajkaj Landfill http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/PDF /NonAsciiFileName0.pdf 7 ICZMP ESMF at http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2010/03/02/000333038_20100302003450/Rendered/PDF /E11410v80P0868070Box345602B01PUBLIC10.pdf 8 See RAP at http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/IND EX/NonAsciiFileName0.txt 11 baseline survey showed that revenue from the land is not significant, as income streams of affected people are chiefly from remittances and non-agricultural employment. Even though land acquisition should had been completed before the commencement of the construction process there were delays due to administrative requirements, including the obligation of PAPs to provide full proof of the title property documentation. For this reason the contractor accessed the land before compensations were paid, which caused tensions, consequently work stoppages at the landfill site from November 2013 to February 2014. However, the situation was resolved in early February 2014 (after amendment of Council of Ministers’ Decision Nr. 541, dated June 13, 2013, through Decision No. 48, dated January 29, 2014), compensation payments were made immediately to PAPs, which allowed the works to resume in mid-February 2014. As of October 2014, 13 out of the 20 land owners have received compensation in full and in the remaining seven cases the PAPs are either deceased or living abroad, mostly in Greece. For all these pending cases, as per local law, the compensation money has been set aside in a special escrow account and is available in case absentee PAPs or their legitimate heirs claim the payment. Efforts have been made to reach to those living abroad or to inform the heirs about the procedure required for receiving payment. There is one case of a family that is finalizing the legal inheritance procedure to be eligible for compensation. There have been no new complaints or community opposition to the landfill construction has been 90% completed as of October 2014. 9Exchange Rate 1USD = 105 ALL, Source: Bank of Albania (December average): http://www.bankofalbania.org/web/Kursi_i_Kembimit_2014_1.php 12 Table 1. Impact on plots in Palavli village as per RAP Name of owner Plot area Area taken % of plot No. Cadastral ID (m2) (m2) taken 1 663 Kadri Dauti 2,913 399 13.7 2 664 Petrit Dauti 952 239 25.1 3 665 Eqerem Dauti 2,845 773 27.2 4 666 Rabije Raça 907 356 39.2 5 667 Sihat Raça 875 310 35.4 6 668 Idriz Raça 1,337 528 39.5 7 669 Nesip Raça 1,227 679 55.3 8 670 Bastri Raça 4,102 2,076 50.6 9 671 Vesel Sinani 1,641 860 52.4 10 672 Nazie Sinani 1,775 1,009 56.8 11 673 Taip Sinani 1,710 1,076 62.9 12 676 Teki Dauti 2,657 1,286 48.4 13 677 Teki Dauti 5,973 2,752 46.1 14 678 Sinan Kuçi 892 892 100 15 679 Ago Kuçi 1,859 1,859 100 16 680 Nedin Kuçi 2,349 2,349 100 17 681 Shahin Haderi 7,123 7,123 100 18 683 Arif Haderi 6,164 3,404 55.2 19 725 Shpetim Dauti 2,237 22 1.0 20 726 Teno Dauti 2,363 2,215 93.7 21 727 Daut Alinani 2,334 2,113 90.5 Total 54,235 32,320 13 Table 1/1. Impact on plots in Palavli village (with number of plots corrected) Compensation Plot Area % of Cadast Paid (LEK) No Name of owner area taken plot CoM Decision ral ID as of (m2) (m2) taken January 2015 1 663/1 Kadri Dauti 2,913 399 13.7 257,594 No. 48, 29.01.2014 2 664/1 Petrit Dauti 952 239 25.1 154,298 No. 48, 29.01.2014 3 665/1 Eqerem Dauti 2,845 773 27.2 4 666 Rabije Raça 907 356 39.2 5 667 Sihat Raça 875 310 35.4 6 668 Idriz Raça 1,337 528 39.5 7 669 Nesip Raça 1,227 679 55.3 8 670/1 Bastri Raça 4,102 2,076 50.6 1,340,265 No. 48, 29.01.2014 9 671/1 Vesel Sinani 1,641 860 52.4 544,240 No. 48, 29.01.2014 Nazie (Nafiz) 10 672/1 1,775 1,009 56.8 651,410 No. 48, 29.01.2014 Sinani 11 673/1 Taip Sinani 1,710 1,076 62.9 618,484 No. 48, 29.01.2014 12 676 Teki Dauti 2,657 1,286 48.4 13 677 Teki Dauti 5,973 2,752 46.1 14 678/1 Sinan Kuçi 892 892 100 549,405 No. 48, 29.01.2014 15 679 Ago Kuçi 1,859 1,859 100 1,200,170 No. 541, 13.06.2013 16 680/1 Nedin Kuçi 2,349 2,349 100 1,499,083 17 681 Shahin Haderi 7,123 7,123 100 4,598,609 No. 541, 13.06.2013 18 683/1 Arif Haderi 6,164 3,404 55.2 2,197,622 No. 48, 29.01.2014 19 725/1 Shpetim Dauti 2,237 22 1.00 14,203 No. 48, 29.01.2014 20 726 Teno Dauti 2,363 2,215 93.7 1,430,004 No. 48, 29.01.2014 21 727 Daut Alinani 2,334 2,113 90.5 Total 54,235 32,320 15,055,387 14 Grievance Redress A commune level grievance redress mechanism representing PAPs from affected villages and headed by the Head of the Commune was established for this purpose. Even though land acquisition should had been completed before the commencement of the construction process there were delays due to administrative requirements, including the obligation of PAPs to provide full proof of the title property documentation. For this reason the contractor accessed the land before compensations were paid which caused tensions, consequently work stoppages at the land fill site from November 2013 to February 2014. 2.4 LEGAL FRAMEWORK In accordance to the Article 41/4 of the Albanian Constitution: “The expropriations or limitations of a property right that are equivalent to expropriation are permitted only against fair compensation” Furthermore, on the European Convention on Human Rights, it is provided in the Art. 1 “Right to property” of the Protocol 1: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions expect in the public interest and subject to the conditions provided by the law and by the general principles of international law…” In this spirit it is in power Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”. The above mentioned law provides the entire procedure how an expropriation procedure begins, for which reason, from which subject and the right of the owners to contest the evaluation of the property made unilaterally from the state institutions. An international agreement ratified by law has priority on application in front of a common law (Art. 116 of the Albanian Constitution). Furthermore, if a law creates a collision with an international agreement ratified by law, it will be applied the international agreement. This principle it’s a guarantee that the international agreement with the Albanian Government with the WB, for the loan, it will be applied in priority in front with the legislation in force, especially in front of the mentioned law “On expropriation….”. The following points make a short resume of the principles provide by the law “On expropriation…”: • The project aims public interest, since it is an investment on environment protection (Art. 8/ç of Law “On Expropriation...)”; • The beneficiary subject in the expropriation process will be Delvina Municipality (Art. 9 of the Law “On Expropriation…)” • Delvina Municipality needs to submit the request with a list of necessary documents to the Ministry of line, which is MoPWT, in this case (with the structure of actual government); (Art. 10 and 11, of the Law); 15 • The line Ministry has to follow the legal procedure on publishing the request for expropriation, collecting the complaints of the affected owners, and preparing the draft of the secondary legislation for the Council of Ministers; • The procedure will be considered complete when the owners approve the transaction of the property in favor of the State through a statement; • The decision for the expropriation (for the owners that do not agree with the expropriation) will be approved by the Council of Ministers and will enter into force immediately, also it will be published in the Official Journal; • The owners affected have the right of complaint to the Court for the compensation and if they don’t follow this procedure, Council of Ministers Decree will be an executive title. Almost the same procedure “mutatis mutandis”, needs to be followed for two other institutions, too: 1/ the devaluation of property; (Art 18, of the Law “On Expropriation....”) 2/ the provisional taken on possession of the property; (Art. 27- 37 of the Law “On Expropriation….”) • The devaluation of property: During the construction for public interest it might happen that some properties will not be necessary to be taken from the owner, but in the same time the owner will not be able to enjoy the property like earlier and thus he has the right to be compensated for the devaluation of his property. Such as the case of two plots which are affected to the extent of more than 80%, but not entirely. This institution is not applied so often in practice, but it is provided by law, if owners are affected in this manner during the project implementation. • The provisional taking on possession of the property: During construction it might happen that certain properties are needed to be taken in possession for temporary use, such as the case for expansion of the village road to pass large vehicles during the works for the implementation of the project, so it is taken someone's land temporarily and than reversed it, but on payment of rent. The request to take on provisional possession a property needs to be addressed to MoPWT, describing the property, the reason, the term and the compensation for the owner. The owner has the right to raise a complaint to the court against such legal act (decree). Council of Ministers has issued Decree No. 541, dated 13.6.2013, "On expropriation for public interest of the owners of private immovable properties, affected by the construction of the "Bajkaj" landfill”, which addresses issues that need to be followed during this process. This decision was amended by CoM Decree No. 48 dated 29.1. 2014. The responsibility to implement this decision falls on the Ministry of Urban Development and Tourism, Ministry of Finance, IPRO/Central Office, IPRO Saranda, and Vlora District Council. Based on CoM Decree No. 48, dated 29.1.2014, the expropriation would start on 29.01.2014, marking a delay in the commencement of the expropriation process defined as per DCM No. 541, dated 20.6.2013. 16 The delay in the starting date of expropriation came because the number of plots and land area that were estimated during the initial verification phase did not coincide with the final figures. The amendment needed to correct for this and be in accordance with the confirmed final figures. 3. MONITORING AND EVALUATION Since land acquisition will have to be completed before the start of construction activities, the process needed to be carefully monitored, in order for problems to be identified and dealt with on a timely basis. The key monitoring indicators for implementation of the RAP are: Indicator Status as of October 2014 Living standards of the majority of the resident As per the RAP the PAPs were not dependent on the families affected by the project are ei-ther land and therefore their income and livelihoods were improved or not lessened by the end of the not adversely affected. They did however received project cash compensation for their land. All entitlements for property losses and As of October 2014, 13 out of the 20 land owners restrictions on access are fully delivered; have received compensdation in full and in the remaining seven cases the PAPs are either deceased or living abroad Completion of scheduled resettlement The compensation was not paid prior to land take by compensation of villagers as agreed with the the project but as to date compensations have been PAPs; paid as explained above. Completion of commune peripheral development in project affected villages as agreed. 1. Reconstruction of the road, which connects 1. Reconstruction of the road, which connects the the Bajkaj’ village with Palavli’ village, to the Bajkaj’ village with Palavli’ village, to the bridge of bridge of Gjovraka Gjovraka was complited on 31.10.2014 2. Re-organize the Square of Bajkaj and 2. Re-organize the Square of Bajkaj and Palavli Palavli villages and the Rehabilitation of the villages and the Rehabilitation of the entrance entrance roads to the squares (Bajkaj and roads to the squares (Bajkaj and Palavli, Vergo Palavli, Vergo Commune). Commune) was completed on 31.10.2014 3. Upgrade of the Water Supply System 3. Upgrade of the Water Supply System (Bajkaj and (Bajkaj and Palavli, Vergo Commune) Palavli, Vergo Commune) was completed on 09.09.2014 17 3.1 BUDGET FOR RAP I MPLEMENTATION In accordance with the decision of the CoM, No. 541, dated 13.6.2013, and amended by DCM No. 48, dated 29.1. 2014, funds for the expropriation are provided using the specially designated account “Expropriation Fund” of the MoF at the Bank of Albania. 3.2 STATUS OF PAYMENTS OF COMPENSATION TO AFFECTED FAMILIES Until now, payments of compensation are proceed/completed for 20 land owners in Palavli Village, Vergo Commune who have applied, in accordance to DCM No. 541, dated 13.6.2013 and amended by DCM No. 48, dated 29.1.2014. Households have agreed to the offered compensation amount and affirmed with their written request and signatures, and compensation has already been paid to them. In addition to them, two other owners have been identified as being affected by access road construction, and the similar procedures for their compensation . A total of 13 our of the 20 PAPs have received compensation but seven land owners have not applied for compensation. Reasons include migration for three of them and death of the proprietor, for four of them Compensation has been undertaken by Expropriation Commission of Ministry of Urban Development and Tourism 3.3 OUTSTANDING ISSUES RELATED TO PAYMENT OF COMPENSATION AND ASSISTANCE The process of payment compensation went through the legal procedures and there is no evi- dent of any incidents and complaints from communities. According to the local authorities , there is only one case where an affected landlord is in trial case with his brother regarding the sharing three land compensation, but it has nothing to do with the project implementation. As of October 2014, 13 out of the 20 land owners have received compensation in full and in the remaining seven cases the PAPs are either deceased or living abroad, mostly in Greece. For all these pending cases, as per local law, the compensation money has been set aside in a special escrow account and is available in case absentee PAPs or their legitimate heirs claim the payment. Efforts have been made to reach to those living abroad or to inform the heirs about the procedure required for receiving payment. There is one case of a family that is finalizing the legal inheritance procedure to be eligible for compensation. There have been no new complaints or community opposition to the landfill construction has been 90% completed as of October 2014. 3.4 DUE DILIGENCE RELATED TO THE HIMARA T RANSFER STATION As described in the respective EIA10, Transfer Station in Himarë intends receiving of Himara waste for temporary disposal (for 2 days) and their compacting. The waste will be then trans- ported and disposed in Bajkaj Landfill (Vergo Commune). There will be no burning of waste 10 EIA for the Himara Transfer Station http://www- wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2014/05/21/000442464_20140521104205/Rendered/PDF /E11410V90P086800Box385220B00PUBLIC0.pdf 18 at the Transfer Station. The transfer station will only accept sanitary waste (non hazardous) of the same category as the landfill. Transfer Station will be securely fenced with locked gates to prevent unauthorized entry. The construction is going to be competed within a few weeks. The main barriers for completion of the entire work is related with delay on payments for the contraction company . From the field visit is observed Himara Station is about 5 km to the east of the town in the road that connects Himarë with Piluri and then about 1.2 km in the direction of the road to village Kudhës (old national road Vlorë – Saranda). A new access road, which leads to the TS about 870.7 m from Kudhes road, including the access roads within the TS location is under construction (part of the same contract for TS construction). Entire road passes to the public land, which is not addressed by the law 7501 “On the agriculture land”, is not pasture or land, has never been registered as someone’s property and does not affect individual property (as per confirmation of Himara Municipality ). 3.5 CONCLUSION Based on the documentation on the legal procedure taken regarding the resettlement and acquisition of land, this report confirms that the rights of all parties have been given due diligence, and that there are no unresolved issues remaining other than the pending payments which are caused by the absence of the PAPs and other reasons beyond the control of the Government. As the Consultant's nominated representative responsible for the verification of Resettlement Action Plan (RAP), entitlements delivery and dispute resolution for Palavli-Bajkaj Landfill and Himara (Vumblo) Transfer Station, I certify that, even though there were some gaps and delays in the process, the outcome of land acquisition is aligned with the the operating rules of Albanian legislation and in compliance with the World Bank’s Policy on Involuntary Resettlement. 19 ANNEX #1: LIST OF DOCUMENTS USED FOR RAP IMPLEMENTATION DATE REFERENCE SENDER RECIPIENT DESCRIPTION A) On Bajkaj - Palavli landfill MoAFCP give the opinion for the land price requested by the 04.04.2012 Land Price Quote MoAFCP MoPWT MoPWT MoAFCP (Ministry of Agriculture, Request for land 20.04.2012 MoPWT Food and MoPWT has required a quote for the land price. acquisition quote Customer Protection) Response from 30.04.2012 MoAFCP MoPWT Answer from the MoAFCP to the MoPWT for the land price MoAFCP giving a quote Based on Law No. 8561, dated on 22.12.1999 "On Request for land expropriations for public interest…" The Council of the Vlora Council of the 30.07.2012 acquisition for public MoPWT Region requires to MoPWT considering the expropriation of Vlora Region interests private owners (see the attachment referring the “Land Distribution Act of 1995” of each individual landlord). Response from the IPRO Saranda on a request of MoPWT has confirmed the list 15.10.2012 IPRO, Saranda MoPWT Saranda IPRO office of owners and the respective property areas 20 Request from MoPWT Council of Vlora MoPWT requested the Council of Vlora Region to make the 27.11.2012 to the Council of the MoPWT Region necessary corrections to the documentation on the acquisition Vlora Region Response from Vlora Council of the The council of Vlora Region assured the MoPWT that their 14.01.2013 MoPWT Council of Region Vlora Region request had been completed Request for price MoPWT requested the AKKP to confirm the price of 30.01.2013 MoPWT AKKP confirmation acquisition Vlora Council of MoPWT has accepted the request for land acquisition from the 30.04.2013 Confirmation of request MoPWT Region Council of Vlora Region MoPWT asked newspapers Metropol & Mapo from the public Press, Metropol & 03.05.2013 Request for publication MoPWT press to publish the notification on the acquisition of land for Mapo the purpose of creating the Bajkaj Landfill CoM Decree, No. 541, "On expropriation for public interest, of the owners of private MoF, IPRO, IPRO For the expropriation of the land owners affected by the 13.06.2013 MoF immovable property, of Vlora & Saranda, construction of the Bajkaj Landfill affected by the Vlora Region construction of the “Bajkaj” landfill.” 21 13 land owners have For the compensation concerning the Bajkaj Landfill applied to Saranda 27.11.2013 construction IPRO MoF issued the official request to the Central Bank of Albania Liquidation process for 29.01.2014 for two first land owners following the CoM Decision No. 541, two first land owners dated 13.6.2013 Ministry of Council of Ministers Decree, amended, No. 48, dated on Urban Council of Ministers 29.1.2014 includes some changes in DCM No. 541, dated Development 29.01.2014 Decree, amended, No. CoM 13.6.2013, "On expropriation for public interest, of the owners and Tourism/ 48, dated 29.1.2014 of private immovable property, affected by the construction of Expropriation the “Bajkaj” landfill.” Committee - Liquidations are proceed for 11 land owners who have Ministry of Urban applied, in accordance to DCM No. 541, dated 13.6.2013 Development and and amended by DCM No. 48, dated 29.1.2014. Expropriation process Tourism, Ministry 29.01.2014- - Completion of liquidation for 11 land owners on February, (execution of Council of CoM of Finance, IPRO, on going 2014 Ministers Decree) IPRO of Vlora & - Seven owners have not applied. Reasons include migration Saranda, Vlora for three of them and death of the proprietor, for four of Region them. B) On Himara Transfer Station (TS) Himara Municipality Council has decided to change the Information on change constraction site location of TS. The ownership issues related Mayor of construction site of TS Deputy Minister of to the site are clarified. As a result, new location with 27.11.2013 Himara location in Himara MoUDT geographical name “North–Vumblo” is the property of Himara Municipality Municipality Municipality, based on the Council of Ministers Decree No. 672, dated 21.05.2008 22 Definition on the collection site of the Himara Municipality urban waste. Legal references: - The Constitution of Albanian Republic (item 4 of the article Head of Himara Municipality 102), Himara Mayor of Himara 28.03.2012 Council Decision No. 56, - The Law no. 9010, dated 13.02.2003 “For the Environmental Municipality Municipality dated on March 23, 2012 administration of the solid waste”, Council - Order of MoPWT No. 4724, dated 25.10.2011, and - Order the MEWA No. 7094, dated 25.11.2011 “For the control and situation assessment, for the environmental administration of the urban waste from the local government authorities”. Vumblo site is assigned as the collection site of the urban waste. Legal confirmation that the forest (immovable property/new TS IPRO, Vlora 07.05.2012 Land Property Dertificate location), transferred to the Himara Municipality has no Office mortgage, and it is an unmanaged area. Legal transfer of public Based on Council of Ministers Decree No. 672, dated on Vlora FPD & assets from central into Himara 21.05.2008 the area referred on this document have been 20.08.2008 Himara local governmental Municipality officially transferred from central into local authorities. It Municipality authorities includes the TS site. Discussions on the change Public discussions regarding the change of the construction site of construction site of the Himara 07.11.2013 of the storage and TS in Himara Municipality in the location waste storage and TS (first Municipality named: “Vumblo”, Pilur’ village meeting). 23 Discussions on the change Public discussions regarding the change of the construction site of construction site of the Himara 08.11.2013 of the storage and TS in Himara Municipality in the so called waste storage and TS (first Municipality location “Vumblo”, Pilur’ village meeting). Mrs. Majlinda Himara Municipality inform on the results of the discussions Himara Hoxha, PCU 10.12.2013 with the interested resident on the change of the construction Municipality Coordinator, site for the waste collection and TS in Himara Municipality ICZMCP Discussions on the change Public discussions regarding the change of the construction site of construction site of the Himara of the storage and TS in Himara Municipality in the location 06.02.2014 waste storage and TS Municipality named: “Vumblo”, Pilur’ village, especially concerning the (third meeting). eventual implications for the access road to the new location Response to Ministry of Urban Development and Tourism letter No. 157 Himara MoUDT Himara Municipality commits itself to resolve the technical 17.02.2014 Prot., dated 17.02.2014 Municipality PCU/ICZMCP issues related to providing water and energy to the TS site. concerning water and electric energy supply to the TS location Himara Municipality reconfirm the legal status of the land where the waste TS will be constructed, according to the mortgage certification, registered on the register of Vlora IPRO, Mrs. Majlinda No. 145, dated 07.05.2012, in the property of Himara Information on waste TS Himara Hoxha, PCU Municipality, in the cadastral area 1952, area 21.2 ha, in Verri 24.02.2014 in Vumblo area property Municipality Coordinator, place, unmanaged area. and nearest house ICZMCP Himara Municipality clarifies the potential impact on the nearest house, and the fact that the house owners have agreed with the construction, which has no visibility from the house location (it is within 1000 m far from the TS location). Also it 24 clarifies that the construction of the road segment which connects the axis (junction) Pilur-Kudhes with the TS, in the territory, that is not Municipality property will be executed in the area, which is not addressed by the law 7501, dated 1991 "On the agriculture land", is not pasture or urban land, and it doesn't affect the individual or state property. Remaining part of the road will be constructed within property of Himara Municipality. Meeting with project The participants have accepted the road's trace indicated in the affected people, who Himara PCU/ ICZMCP, respective map, as well as, location of the waste TS of Himara 10.03.2014 complained about new Municipality MoUDT Municipality, which doesn't affect their interests and private location of Himara TS. properties. Mrs. Majlinda Himara Municipality clarifies the definition “forest” used by Clarification on the Himara Hoxha, PCU IPRO property document issued for TS site. From the 10.03.2014 documentation Municipality Coordinator, verification done on ground, results that the property area is a concerning the TS ICZMCP rock area, covered with wild vegetation (shrub). Mrs. Majlinda Himara Municipality confirms that complains are raised by Clarification regarding Himara Hoxha, PCU people do not possess properties in TS site, they are motivated 24.03.2014 PAPs Municipality Coordinator, by political interest, etc., which don’t effect or create any ICZMCP constrains to the project implementation. 25 ANNEX #2: COUNCIL OF MINISTERS DECISIONS ON EXPROPRIATION FOR BAJKAJ LANDFILL CONSTRUCTION AND REQUEST FOR PAYMENT (MOF) CoM Decision No. 541, dated 13.6.2013 26 27 28 29 30 CoM Decision,No. 48, dated 29.1.2014 31 32 33 34 REQUEST FOR PAYMENT (MoF) Payment following CoM Decision No. 541, dated 13.06.2013 35 Payment following CoM Decision No. 48, dated 29.01.2014 36 ANNEX #3: CONFIRMATION OF OWNERSHIP STATUS OF HIMARA TS BY VLORA IPRO 37 ANNEX # 4: LOCATION OF BAJKAJ LANDFILL AND HIMARA TS Bajkaj Landfill location and new access road 38 View of Bajkaj Landfill site Himara Transfer Station location and the new access road View of Himara Transfer Station site 39