REPUBLIC OF LIBERIA NATIONAL FISHERIES & AQUACULTURE AUTHORITY LIBERIA SUSTAINABLE MANAGEMENT OF FISHERIES PROJECT RESETTLEMENT POLICY FRAMEWORK (RPF) P172012 June 25, 2021 TABLE OF CONTENTS RESETTLEMENT TERMS AND MEANING .................................................................................................... v ABBREVIATIONS AND ACRONYMS......................................................................................................... viii EXECUTIVE SUMMARY ............................................................................................................................ ix CHAPTER ONE: PROJECT OVERVIEW ......................................................................................................... 1 1.0. The Project Back Ground ............................................................................................................................ 1 1.1 Project Locations .................................................................................................................................................................. 2 1.2 Project development objective (PDO) .................................................................................................................................. 2 1.4 Design Considerations to Avoid or Minimize Land Acquisition by Component 2 ................................................................ 9 CHAPTER TWO: ESS5 PRINCIPLES, OBJECTIVES, AND SCOPE ...................................................................... 9 2.1 Principle ...................................................................................................................................................... 9 2.2 ESS5 Objectives ......................................................................................................................................... 10 2.3 Scope of ESS5 Application .......................................................................................................................... 10 CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS ............................ 12 3.1 Screening, Preparing and Approving Resettlement Plans ............................................................................ 12 3.1.1 Sub-project Social Impacts Assessment .......................................................................................................................... 12 3.1.2 Determining ESS5 Applicability ....................................................................................................................................... 12 3.2 RAP/ARAP Preparation .............................................................................................................................. 13 3.3 RAP/ARAP Approval/Clearance/Disclosure ................................................................................................ 14 3.4 Disclosure ................................................................................................................................................. 15 CHAPTER FOUR: SOCIO-ECONOMIC CHARCTERISTICS.............................................................................. 16 4.1 Population ................................................................................................................................................ 16 4.2. Size of Household Population ................................................................................................................... 16 4.3 Level of Poverty......................................................................................................................................... 17 4.5 Social and cultural characteristics .............................................................................................................. 18 4.6 Land Use and Agriculture ........................................................................................................................... 18 CHAPTER FIVE: POTENTIAL IMPACTS ON ACCESS & LIVELIHOOD ....................................................................... 20 5.1 Estimated Number of PAPs and Likely Impacts ........................................................................................... 20 5.2. Likely Impact by Gender .................................................................................................................................................... 20 5.3 Categories of Losses likely to be caused by subprojects .............................................................................. 20 A number of losses are expected to result from implementation of the sub project activities in the earmarked sites. These anticipated losses could include but not limited to the following: .................................................. 20 CHAPTER SIX: ELIGIBILITY CLASSIFICATION ............................................................................................. 21 6.1 PAPs Classification..................................................................................................................................... 21 A definition of the unit of entitlement is required. Examples include:............................................................... 32 6.3 Cut-Off Date to Entitlements ..................................................................................................................... 32 i CHAPTER SEVEN: STANDARD AND LEGAL FRAMEWORK ANALYSIS ......................................................... 33 7.1 Liberia Legal Framework ............................................................................................................................ 33 7.1.2. The Land Tenure Legislations of Liberia ......................................................................................................................... 33 7.1.3 The Liberian Constitution (1986) ..................................................................................................................................... 33 7.1.4. County Act of 1969 ......................................................................................................................................................... 33 7.1.5 Methods of Acquiring Land ............................................................................................................................................. 34 7.1.6 Land Rights Act (2018) ..................................................................................................................................................... 34 7.1.7 Zoning Act 1957-1958 of Liberia...................................................................................................................................... 35 7.1.8 The Real Property Law No. PR-LRC-VII-20-09-2020-1 ..................................................................................................... 35 7.1.10 Liberian Freedom of Information Act of (2010) ............................................................................................................ 35 7.2 World Bank Environmental and Social Standard 5 (ESS5) ............................................................................ 36 7.3 Gaps Analysis ............................................................................................................................................ 36 7.3.1 Squatter Rights ................................................................................................................................................................ 38 7.3.2 Vulnerable groups ........................................................................................................................................................... 38 7.3.3 General Observations ...................................................................................................................................................... 39 CHAPTER EIGHT: VALUATION METHODS ................................................................................................ 40 8.1 Objective of Valuation ............................................................................................................................... 40 8.2 General Land and Assets Valuation ............................................................................................................ 41 8.2.1 Valuation Principles ......................................................................................................................................................... 41 8.3 Methods for Valuating Affected Assets ...................................................................................................... 42 8.3.1 Replacement value .......................................................................................................................................................... 43 8.4 Valuation/Assessment Team ..................................................................................................................... 44 CHAPTER NINE: INSTITUTIONAL ARRANGEMENTS AND COORDINATION ................................................. 45 9.1 Institutional and Implementation Arrangements ........................................................................................ 45 9.2 Project implantation Unit (PIU) .................................................................................................................. 45 9.3 Role and Responsibilities of the Safeguard team ........................................................................................ 45 9.4 National level Institutional Arrangements .................................................................................................. 46 9.4.1 Ministry of Public Works (MPW) ..................................................................................................................................... 46 9.4.2 Ministry of Finance and Development Planning (MFDP) ................................................................................................ 47 9.4.3 Ministry of Health (MOH) ................................................................................................................................................ 47 9.4.4 Ministry of Mines and Energy (MME) ............................................................................................................................. 47 9.4.5 Environmental Protection Agency (EPA) ......................................................................................................................... 47 9.4.6 Liberia Revenue Authority (LRA) ..................................................................................................................................... 47 9.4.7 Ministry of Agriculture (MOA) ......................................................................................................................................... 48 9.4.8 Ministry of Internal Affairs (MIA) .................................................................................................................................... 48 9.4.9 Liberia Land Authority (LLA) ............................................................................................................................................ 48 9.5 RAP Entitlements Delivery and Resettlement Committee ........................................................................... 48 95.1 Resettlement Committee ................................................................................................................................................. 48 9.5.2RAP Entitlements Delivery................................................................................................................................................ 49 9.5.3 Compensation payment processing ................................................................................................................................ 50 9.5.4 Entitlement Pay Team ..................................................................................................................................................... 50 9.6 Assessment of NaFAA Capacity .................................................................................................................. 50 CHAPTER TEN: BUDGET AND IMPLEMENTATION LINKAGES TO CONSTRUCTION ...................................... 52 10.1 RPF Implementation Budget .................................................................................................................... 52 10.2 RAP Implementation Linkage to Constructions under LSMFP .................................................................... 52 ii CHAPTER ELEVEN: GRIEVANCE REDRESS MECHANISMS .......................................................................... 55 11.1 Grievance Redress Mechanisms ............................................................................................................... 55 11.1.1 Scope of the Grievance Redress Mechanisms ............................................................................................................... 55 11.2 The Grievance Redress Committee ........................................................................................................... 55 11.2.1 Community level............................................................................................................................................................ 55 11.2.2 Project-level Grievance Management ........................................................................................................................... 56 11.2.3 National Level Grievance Redress Mechanisms ............................................................................................................ 56 11.3 Grievance Redress Procedure................................................................................................................... 56 CHAPTER TWELVE: CONSULTATION ........................................................................................................ 58 12.1 Consultation ............................................................................................................................................ 58 12.2 Methodology for the preparation of the RPF ............................................................................................ 58 12.2.1 Community & Participatory Consultation ..................................................................................................................... 59 12.2.2 Consultation with Stakeholders .................................................................................................................................... 59 12.2.3 Consultation Strategy .................................................................................................................................................... 60 12.2.4 Resettlement Alternatives ............................................................................................................................................. 60 12.2.5 Alternatives Offered ...................................................................................................................................................... 60 12.2.6 Choices Related to Compensation and Resettlement Assistance ................................................................................. 60 12.3 Provision for Updating Information on PAPs............................................................................................. 60 12.4 Disclosure and Information Sharing.......................................................................................................... 61 CHAPTER THIRTEEN: PUBLIC CONSULTATIONS AND PARTICIPATION ....................................................... 62 13.1 Consultations held for RPF Preparation .................................................................................................... 62 CHAPTER FOURTEEN: MONITORING AND EVALUATION .......................................................................... 64 14.1 Monitoring and Evaluation ...................................................................................................................... 64 14.2. Completion Audit ................................................................................................................................... 66 REFERENCES .......................................................................................................................................... 67 ANNEX 1: SOCIAL RISK SCREENING FORM............................................................................................... 68 ANNEX 2: RAP VERIFICATION FORM ......................................................................................................lxxi ANNEX 3: ANNOTATED OUTLINE FOR PREPARING RAP ........................................................................ lxxiii ANNEX 4: STAKEHOLDERS CONSULTED............................................................................................... lxxvii ANNEX 5: Issues Raised and Responses Provided in the Consultation Meetings with Stakeholders in Project-affected communities ........................................................................................................... lxxxiii ANNEX 6: SAMPLE GRIEVANCE AND RESOLUTION FORM ................................................................... lxxxvi ANNEX 7: GRIEVANCE CLOSE OUT FORM .......................................................................................... lxxxvii Annex 8: Participants Attendance sheet for RPF Consultation meetings ........................................... lxxxviii ANNEX 9: PHTOS FROM STAKEHOLDERS CONSULTATION ..................................................................... xciii LIST OF TABLES AND FIGURES iii Table 1: Population of the project target counties distributed by gender Page - 16 Table 2: Poverty levels in the project target counties Page - 18 Table 3: Likely impact of the project by gender Page - 20 Table 4: Categories of PAPs Page - 23 Table 5: Entitlement matrix Page - 24 Table 6: Comparison of Liberian Regulations with ESS5 Page - 48 Table 7: Key budget items for this RPF Page - 69 Table 8: Example of a RAP Implementation Schedule and Commencement of Construction Page - 71 Table 9: RAP Monitoring Indicators Page - 82 Figure 1: Map of Liberia with LSMFP targeted counties indicated by orange dot Page - 3 Figure 2: Implementation Diagram Page - 60 ANNEXES ANNEX 1: SOCIAL RISK SCREENING FORM ANNEX 2RAP VERIFICATION FORM ANNEX 3: ANNOTATED OUTLINE FOR PREPARING RAP ANNEX 4: STAKEHOLDERS CONSULTED ANNEX 5: ISSUES RAISED AND RESPONSES PROVIDED IN THE CONSULTATION MEETINGS WITH STAKEHOLDERS IN PROJECT-AFFECTED COMMUNITIES ANNEX 6: SAMPLE GRIEVANCE AND RESOLUTION FORM ANNEX 7: GRIEVANCE CLOSE OUT FORM ANNEX 8: PARTICIPANTS ATTENDANCE SHEET FOR RPF CONSULTATION MEETINGS iv RESETTLEMENT TERMS AND MEANING Term Meaning Contracting Entity The Contractor or corporate body whose bid to carry out the works and services has been accepted by the employer. Grievance An issue, concern, problem, or claim (perceived or actual) that an individual or community group wants a company or contractor to address or resolve. Mitigation measures feasible and cost-effective measures that may reduce potentially significant adverse environmental impacts to acceptable levels. Impact A positive or negative effect caused by a project or an activity in the environment. Indirect impacts are effects which are not a direct result of the project, often produced away from or as a result of a complex impact pathway. They are also known as secondary or even third level impacts. Disclosure Information availability to all stakeholders at all stages of the development of projects. Involuntary “Involuntary Resettlement� refers when affected individuals or communities do not resettlement have the right to refuse land acquisition, which results in their physical and/or economic displacement. y Land acquisition The ESS5 and other similar international requirements clarify that “land acquisition� covers both full purchases of property as well as the permanent purchase of rights other than full property rights, such as rights-of way, easement and certain usufruct rights. Land acquisition can be permanent or temporary. Monitoring Consultant A legally established professional entity or firm selected by the client to provide the services under the signed contract Physical displacement Loss of dwelling or business as a result of project-related land acquisition, which requires the affected person(s) to move to another location. Physical displacement of businesses typically entails economic displacement too Economic displacement Loss of assets (including land) or access to assets that leads to loss of income sources or means of livelihood as a result of project-related land acquisition or restriction of access to natural resources. People or enterprises may be economically displaced with or without experiencing physical displacement v Term Meaning Stakeholder All Persons or groups, affected by the project directly or indirectly and/or with interests in the project and who may be able to influence its outcome either positively or negatively Project Affected Person Project Affected Person: Person or enterprise experiencing either physical or (PAP) economic displacement or both as a direct result of the project. Vulnerable groups Vulnerable or “at-risk� groups includes people who, by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status may be more adversely affected by displacement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. The RPF therefore provides differentiated assistance to assist each category of vulnerable persons during resettlement. Cut-Off Date The date that establishes eligibility for compensation and other benefits related to land acquisition. Best practice suggests using the date on which the census and assets inventory is started in a particular community or area. In order for the Cut-Off Date to be valid, PAPs are notified. According to the World Bank’s the census conducted at a declared Cut-Off Date is, as a rule, valid for a period of two years from the start of the census. Compensation Payment in cash or in kind for loss of land, access to land, and immoveable asset or a resource that is acquired or affected by the project. Allowance Cash paid to defray resettlement related expenses other than losses of immoveable assets. For example, tenants can be provided with a cash allowance to support their effort to secure alternative housing. A moving allowance can be paid to people who have to relocate as a result of Project land acquisition. An allowance is distinguished from compensation, which reimburses the loss of an immoveable asset or land Livelihood A livelihood comprises the capabilities, assets (including both material and social resources) and activities required for a means of living. A livelihood is sustainable when it can cope with and recover from stress and shocks and maintain or enhance its capabilities and assets both now and in the future, while not undermining the natural resource base. Livelihood restoration Specific activities intended at supporting displaced peoples’ efforts to restore their livelihoods to pre-project levels. Livelihood restoration is distinguished from compensation. Livelihood restoration measures typically include a combination of cash or other allowances and support activities such as training, agricultural vi Term Meaning assistance or business enhancement. Livelihood restoration is often referred to as economic rehabilitation Resettlement Policy Where a project or sub-project is not defined to such a level that a final footprint Framework (RPF) is available and or detailed data are missing, an RPF defines the principles with which any Resettlement Action Plan will accord and outlines the expected impacts and compensation, physical relocation and livelihood restoration programs. Resettlement Action Resettlement Action Plan outlines how the resettlement will be managed to fulfil Plan (RAP) the objectives of ESS5 • identifies the impacts, types and levels of compensation and other measures based on the value of assets that will be lost • Includes action plan for allocating compensation and budget for implementation, compensation etc. Full replacement value The current market value of the asset plus transaction costs (e.g. taxes, stamp duties, legal and notarization fees, registration fees, travel costs and any other such costs as may be incurred as a result of the transaction or transfer of property). In applying this method of valuation, depreciation of structures and assets is not taken into account. For losses that cannot easily be valued or compensated for in monetary terms, in-kind compensation may be appropriate. However, this compensation should be made in goods or resources that are of equivalent or greater value and that are culturally appropriate. With regard to land and structures, replacement costs are defined as follows: Agricultural land—the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, and transaction costs such as registration and transfer taxes. Residential land—the current market value of land of equivalent area and use, with similar or improved infrastructure and services preferably located in the vicinity of the affected land, plus transaction costs such as registration and transfer taxes. Houses and other structures—the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor and contractors’ fees and transaction costs such as registration and transfer taxes. vii ABBREVIATIONS AND ACRONYMS AF Affected Family AP Affected Person/Aggrieved Party ARAP Abbreviated Resettlement Action Plan CBO Community Based Organization CMA Cooperative Management Association CDA Cooperative Development Agency CEI County Environmental Inspector CSA Civil Service Agency DHS Demographic and Health Survey EPA Environmental Protection Agency EPML Environmental Protection and Management Law of Liberia ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESIA Environmental and Social Impacts Assessment FA Fully Affected GER Gross Enrolment Rate GoL Government of Liberia GPI Gender Parity Index GRC Grievance Redress Committee GRM Grievance Redress Mechanism IVA Independent Verification Agent LLA Liberia Land Authority LSMFP Liberia Sustainable Management of Fisheries Project LRA Liberia Revenue Authority M&E Monitoring and Evaluation MFDP Ministry of Finance and Development Planning MIA Ministry Internal Affairs MoA Ministry of Agriculture MoH& SW Ministry of Health and Social Welfare MME Ministry of Mines and Energy MPW Ministry of Public Works NGO Non-Governmental Organization NaFAA NATIONAL FISHERIES & AQUACULTURE AUTHORITY OP Operation Policy PA Partially Affected PAPD Pro-Poor Agenda for Prosperity and Development PAP Project Affected Person PDOs Project Development Objectives PFMU Project Financial Management Unit PIU Project Implementation Unit RAP Resettlement Action Plan RF Results Framework RPF Resettlement Plan Framework USAID United States Agency for International Development WB World Bank viii EXECUTIVE SUMMARY Over the next five years, the World Bank Group will provide funds to the Government of Liberia for preparation and implementation of the “Liberia Sustainable Management of Fisheries Project (LSMFP).� The LSMFP will be managed by the National Fisheries and Aquaculture Authority (NaFAA), the agency of government responsible to regulate fishery activities in Liberia. The project development objective (PDO) is to improve fisheries management and enhance livelihoods in selected fishing communities in Liberia. The project has five (5) components: Component 1: Improving management of selected fisheries Component 2: Improving handling of fish and fish products Component 3: Support to Aquaculture Component 4: Project Management and Technical Assistance Component 5: Contingency and Emergency Response The project design is based on a holistic and integrated approach focusing on the fisheries sector by (a) improving governance and management reforms, developing human and institutional capacity, and improving policies, strategies, institutional and legal frameworks; (b) supporting activities that aim at increasing the national value addition provided by the fisheries sector, such as the establishment of an industrial and artisanal fish landing sites at the Mesurado Pier, Monrovia, toward improving conditions for industrial fish landing and for export of high-value fish species and fish products; and (c) supporting marine and inland fisheries production. Project sites include the Mesurado Pier area (Montserrado county) and yet-to-be-identified specific sites in Margibi, Maryland, Grand Bassa, Sinoe and Grand Kru Counties. The project will comprise four main components: Component 1: Improving management and governance of fisheries; Component 2: Improving value-addition of fish and fish products; Component 3: Support to aquaculture development; and Component 4: Project management. A fifth component—Contingent Emergency Response Component (CERC)—would be triggered and applied to provide swift response in the event of an eligible crisis or emergency. The project activities particularly components 2 and 2.1 are expected to involve construction works in Montserrado County, Mesurado Pier, Grand Bassa County and CMA; s Office in Grand Kru and Margibi Counties. The construction activities are likely to require land and could result in temporary and permanent displacement and livelihoods disturbances. In accordance the ESS5 requirements and the Liberia legal provision, people affected by the project activities are entitled for resettlement assistances and compensation payments. The payments are aims at mitigating adverse social and economic impacts directly associated with the project activities. Direct social and economic impacts associated with the project land take will be evaluated and Resettlement Action Plans (RAPs) will be prepared for each impact location. The preparation of the RAPS will be guided by the Resettlement Policy Framework (RPF). This Resettlement Policy Framework (RPF) establishes resettlement objectives and principles, organizational arrangements, and funding mechanisms for resettlement operation that may be associated with construction activities under the project. The RPF also estimates the probable number of affected persons and resettlements and assesses the institutional capability to design, implement, and oversee resettlement operations during the preparation and implementation phases of the Liberia Sustainable Management of Fisheries Project (LSMFP). It provides guidance for examining the extent of impacts of construction activities on properties and livelihoods as well as Project Affected Persons (PAPs) within the project impact location, and ultimately with the preparation and implementation of the RAP or ARAP. The main project beneficiaries are the fisheries communities comprising artisanal and semi-industrial fishers, fish farmers in aquaculture, and others in the fish value chains, including stakeholders working in the processing and retail sectors. The beneficiaries comprise an extensive fishing community of more than 11,000 fishermen, using some 3300 canoes, which directly support around 56,000 persons, including small-scale fishers, fish processors and sellers, with an estimated 33,000 people. The fish farmers and private sector investors will also benefit, mainly from the project ix support for aquaculture. The project is national in scope, but its maritime fisheries support focuses on coastal counties, whereas its support for aquaculture covers other counties. It is expected that the project will likely impact a total of 56,000 PAPs in Montserrado , Maryland, Grand Kru, Grand Bassa, Margibi and Sinoe counties. People who will likely to be impacted included: Grievance redress mechanism (GRM) will be developed prior to implementation and will help address community concerns, reduce risks and assist larger processes that create positive social change. Grievance Redress Committees (GRC) will be formed at the community level to assure accessibility for affected people. Given the nature of the project, the potential adverse impacts associated with the infrastructure works of the LSMFP are minimal and can be managed through proposed mitigation measures in this RPF. x CHAPTER ONE: PROJECT OVERVIEW 1.0. The Project Background The Republic of Liberia is a country on the West African coast. It is bordered by Sierra Leone to its northwest, Guinea to its north, Côte d'Ivoire to its east, and the Atlantic Ocean to its south-southwest. Liberia has a total area of about 111,370 km², of which 96,320 km² (86%) is dry land, drained by natural streams and rivers. The vegetation consists of forest and woodland (39%), pastures (2%) and arable land (36%). Freshwater resources cover 15,050 km² (14%) of the total area of Liberia, comprising rivers, lakes, lagoons, creeks and streams that drain to the Atlantic coast, bringing nutrients to sustain the primary productivity of the shelf. With an Atlantic coastline of about 579 km and a continental shelf averaging 34 km in width, the fishing grounds cover 186,322.2 km² within the EEZ. The fisheries sector in Liberia provides about 65% of the animal protein needs of the country at the moment, since the livestock program is still being revitalized. Fisheries contribute about 3.2% to the GDP of Liberia, and create job and income earning opportunities, thus generating revenue for government. The fishing sector in Liberia is confronted with series of challenges including the outdated fishing gears, lack of marine store to purchase needed fishing materials, poor cold storage facilities, etc. The World Bank is thus providing support to the Government of Liberia through the National Fisheries and Aquaculture Authority of Liberia (NaFAA) toward the preparation and implementation of a 5-year project titled “Liberia Sustainable Management of Fisheries Project (LSMFP).� The project is built around the sustainable management of fisheries in Liberia with a focus on three components: improving the management of selected fisheries, improving the handling of fish and fish products, support to aquaculture, and the sustainable project management component. The overall goal of this intervention is to enhance the sustainable management and economic viability of the fisheries sector whose development has been impeded by limited human and financial resources, and gaps in policies, regulatory and institutional frameworks. These gaps and limitations have hampered the fishery sector’s contribution to the national economy and affected livelihood improvements in the sector in securing viable and sustainable management of fishery resources to contribute to the government of Liberia’s national development plan, the Pro-Poor Agenda for Prosperity and Development (PAPD). This RPF is being prepared under the World Bank’s Environmental and Social Framework (ESF). The RPF for the LSMFP is being prepared as one of the necessary safeguard instruments required by the World Bank to guide the preparation of the RAP(s). Under the ESSs, NaFAA, also referred to as (the Borrower), has agreed to comply with the ten Environmental and Social Standards (ESSs) that apply to Investment Project Financing (IPF). The project recognizes the significance of, and adopts the ESSs, for identifying, assessing as well as managing the environmental, social standard requirements and associated procedures that should be accomplished prior to the commencement of the LSMFP implementation. The RPF aims to ensure that adverse social impacts (issues of land acquisition resulting from implementation of Component II subprojects that may result in loss of property or disturbances affecting livelihoods) of the LSMFP are addressed through appropriate mitigation measures, particularly against potential impoverishment risks. The project design is based on a holistic and integrated approach focusing on the fisheries sector by (i) improving governance and management reforms, developing human and institutional capacity, and improving policies, strategies, institutional and legal frameworks; (ii) supporting activities that aim at increasing the national value addition provided by the fisheries sector, such as the establishment of an industrial and artisanal fish landing sites at the Mesurado Pier, Monrovia, towards improving conditions for industrial fish landing and for export of high value fish species and fish products; and (iii) supporting marine and inland fisheries production. Project sites include the Mesurado pier area (Montserrado County) and 1|Page Harper (Maryland County) and yet-to-be-identified specific sites in Margibi, Grand Bassa, Sinoe and Grand Kru Counties. The project is required to prepare the Resettlement Policy Framework (RPF) as one of key instruments to provide guidance for the management of displacement arising from project activities. It sets out the compensation policy and resettlement arrangements to address the needs of the affected persons to ensure that their livelihoods are restored to pre-project levels or better. It provides guidelines to prepare the mitigation plans of the project. In addition, the RPF will also provide the institutional arrangements as well as environmental and social safeguards instruments to be prepared as part of the implementation of the LSMFP activities. This instrument was prepared by the Government of Liberia (GoL) through the LSMFP/PIU. The RPF is an effectual instrument that is subject to periodic revisions and updates to accommodate new information (laws, regulations, standards, etc.) and lessons learned during implementation of the RPF. 1.1 Project Locations The potential LSMFP sites include Mesurado Fishing Pier, Harper Fish Hatchery, Grand Cess Corporative Office, , Marshall Corporative Office, and Grand Bassa Fish landing site and Corporative Office and Sinoe County. 1.2 Project development objective (PDO) The Project Development Objective (PDO) of the proposed project is to improve fisheries management and enhance livelihoods in selected fishing communities., which will be achieved by: a) improving governance and management reforms, developing human and institutional capacity, and improving policies, strategies, institutional and legal frameworks; (b) supporting activities that aim at increasing the national value addition provided by the fisheries sector, such as the establishment of an industrial and artisanal fish landing sites at the Mesurado Pier, Monrovia, toward improving conditions for industrial fish landing and for export of high-value fish species and fish products; and (c) supporting marine and inland fisheries production. Project sites include the Mesurado Pier area (Montserrado county) and yet-to-be-identified specific sites in Margibi, Maryland, Grand Bassa, Sinoe and Grand Kru Counties. The project will comprise four main components: Component 1: Improving management and governance of fisheries; Component 2: Improving value-addition of fish and fish products; Component 3: Support to aquaculture development; and Component 4: Project management. A fifth component—Contingent Emergency Response Component (CERC)—would be triggered and applied to provide swift response in the event of an eligible crisis or emergency. Figure 1: Map of Liberia with LSMFP targeted counties indicated by orange dot 2|Page 1.3 Project Components The Liberia Sustainable Management of Fisheries Project (LSMFP) will be implemented through three (3) components and one (1) technical and administrative component. The detailed project components are presented below: The project design is based on a holistic and integrated approach focusing on the fisheries sector by (a) improving governance and management reforms, developing human and institutional capacity, and improving policies, strategies, institutional and legal frameworks; (b) supporting activities that aim at increasing the national value addition provided by the fisheries sector, such as the establishment of an industrial and artisanal fish landing sites at the Mesurado Pier, Monrovia, toward improving conditions for industrial fish landing and for export of high-value fish species and fish products; and (c) supporting marine and inland fisheries production. Project sites include the Mesurado Pier area (Montserrado county) and yet- to-be-identified specific sites in Margibi, Maryland, Grand Bassa, Sinoe and Grand Kru Counties. The project will comprise four main components: Component 1: Improving management and governance of fisheries; Component 2: Improving value-addition of fish and fish products; Component 3: Support to aquaculture development; and Component 4: Project management. A fifth component—Contingent Emergency Response Component (CERC)—would be triggered and applied to provide swift response in the event of an eligible crisis or emergency. Component 1: Improving management and governance of fisheries NaFAA’s overall goal calls for a sustainably managed and economically viable fisheries sector; however, the development of the fisheries sector has been impeded by limited human and financial resources, and gaps in the policy, regulatory, and institutional framework. These gaps and limitations have restricted the fisheries sector’s contribution to the national economy and affected livelihood improvements in the sector. 3|Page Therefore, this project component will focus on improving governance and management reforms; developing human and institutional capacity; and improving policies, strategies, institutional and legal frameworks; and other relevant activities that are aimed at improving fisheries and aquaculture management and marine environmental health and resilience to climate change. This component of the project will benefit from the Liberia PROBLUE ASA that focuses on reducing the risk of unsustainable fishing practices, improving the quality of target fishing landing areas and fishing communities, and improving the health of the ocean. Subcomponent 1.1. Institutional strengthening and capacity building This subcomponent will support ongoing reforms of key aspects of the fisheries sector’s institutional, policy, and legislative regimes and strengthen and equip national and subnational fisheries institutions with capacity to sustainably manage the fisheries resources, including awareness raising on climate-resilient activities, empowering beneficiaries to be informed and integrated into the decision-making process, especially females through information dissemination, training, and skills upgrading. The Fisheries and Aquaculture Management and Development Law of 2019 sets the basis for sustainably managing the fisheries resources and empowering NaFAA to develop the relevant regulations and fisheries management plans (FMPs). The Fisheries and Aquaculture Regulation of 2020 is approved for implementation, and the Fisheries and Aquaculture Policy and Strategy of 2014 is being revised for approval by the NaFAA Board of Directors. Implementation of the legal and regulatory frameworks require adequate cooperation and coordination mechanisms and capacity building across the various sector actors. The subcomponent will support three key intervention areas: (a) creating the enabling environment for inland fisheries and aquaculture development, (b) strengthening NaFAA’s human resource capacity in fisheries management through short- to medium-term trainings, and (c) supporting the establishment of a Fisheries Program at the University of Liberia (UoL). The development of aquaculture has been slow due to the lack of important information for investment, most noticeably the lack of information on potential zones for the various forms of aquaculture. Major activities will include undertaking identification, spatial zoning, and mapping of land and water bodies deemed suitable for aquaculture production and thereby avoiding potential conflicts with other users of land and water resources. The subcomponent will also support the development of aquaculture management plan and guidelines. Currently, the aquaculture subsector has not evolved at a commercial level but has a great potential in the near future. The aquaculture management plan and guidelines will serve as a tool for the issuance of licenses for aquaculture establishment and operations in a streamlined manner and provide potential operators information pertaining to areas in which aquaculture activities could be conducted and aquaculture products marketing, among other things. Aquaculture guidelines will be developed to outline the practical implementation of aquaculture regulations and the application of the various aquaculture systems which also include activities that will reduce CO2 and non-CO2 emissions by ensuring the introduction and adoption of climate-smart and climate- resilient activities and policy actions. Regarding the second intervention area, special focus will be on supporting short- and medium-term training in monitoring, control, and surveillance (MCS) technology; the observer program; data sharing and analysis; sustainable marine resource management; aquaculture technology; and so on. The trainings will be provided within and outside Liberia. The set of activities will comprise building the capacity of NaFAA staff on how to incorporate climate-resilient activities in technology development and adoption in fisheries resources management, including in the revival of the aquaculture and shrimp sectors. Of similar importance is the need to develop and implement policy actions to scale up climate-smart activities, including the development of an integrated coastal zone management plan to reduce degradation of the coastline. 4|Page Subcomponent 1.2. Support to management of information on fisheries The provision of comprehensive, timely, and quality data has been a challenge for NaFAA to achieve its business objectives. The Fisheries Monitoring Center (FMC) of NaFAA was established in 2011 with support from the World Bank through the WARFP to help monitor the activities of fishing vessels in Liberian waters with good data collection, analysis, and management. It is important to develop solid Fisheries Information Management Systems (FIMS) to strengthen the FMC and the overall information management of NaFAA in line with ‘best practice’ data and information management and utilization of better technology to provide evidence-based policy recommendation Hence, this subcomponent will (a) complete the development, establishment, and rollout of a fisheries management and information system including strengthening data gathering, data sharing, and analytical systems within NaFAA, using cellphone apps, an online marketing platform, license processing in real time and generating quick response code for license authentication, enterprise resource planning, and so on; (b) scale up the use of Automatic Identification System (AIS) technology and provide buoys to improve safety at sea for small-scale fishing vessels and curtail IUU fishing, use the appropriate AIS Class B technology (Class A or B) to track fishing routes including the use of simple tracking devices for small-scale and semi-industrial vessels, and deploy AIS and VMS devices from. The scale-up of the AIS technology will also include the purchase of additional AIS technology equipment, establishing a platform for managing and processing the information received and conducting technical support and training. It will learn from successful pilot applications carried out in Robertsport and West Point in Liberia to collect landing data on a daily basis to understand the scale of the artisanal fishing sector; (c) provide logistical support to strengthen MCS activities, including the provision of equipment to strengthen MCS operations, such as digital cameras and mobile devices; (d) expand and equip the Harper coastal surveillance station to include refueling and crew resting facilities, and to construct a new refueling and crew resting facility at a site in Sinoe; and (e) upgrade the FMC. The Center is equipped with a viewing software including AIS, FIMS, VMS, and HF and VHF radios, but access is not restricted. Furthermore, Liberia is using a VMS (Faria Watch Dog) which is different from the system currently being used by other countries in the subregion. The project will help migrate to the regional system, upgrade the VMS and security at the FMC, and include other relevant equipment and features to make the center more up-to-date and responsive to the information needs of NaFAA. The third intervention area will comprise activities toward supporting the establishment of a Fisheries Program at the UoL (a four-year Bachelors’ degree program in fisheries science) as a sustainable way of catering to the capacity needs of the fisheries sector. This will build on the work started under the WARFP Liberia project in which an agreement with the UoL was reached to establish a program that would provide both short-term and long-term specialized training tailored to the needs of the fisheries and aquaculture industry. In 2018/2019, under the same agreement the university working closely with NaFAA had finalized the course curriculum and identified a list of equipment and chemicals for setting up a fisheries laboratory. Currently, training and specialization in fisheries must be obtained abroad. Recognizing that the in-house capacity for lecturers and other resource persons within the UoL is limited, the project will support academic staff capacity through short-term training, refresher courses, skills upgrading, and so on, in the science and agriculture colleges. Furthermore, the subcomponent will finance the construction/rehabilitation and equipping of offices and fisheries laboratory buildings within the UoL, ensuring that the infrastructure is climate resilient and fitted with energy-efficient equipment and energy-saving devices with the aim of reducing greenhouse gas (GHG) emissions and carbon footprints. Subcomponent 1.3. Improving management of marine fisheries This subcomponent will sustain and enhance the national fisheries reform results obtained during the WARFP and prepare Liberia for the long-term goal of sustainable fisheries sector growth led by the private sector and embracing stronger and sustained participation by fishing communities. Data on the Liberia fisheries stock are available from industrial fisheries which are fisheries dependent and collected by NaFAA observers, logbook reporting, and discharge monitoring. There is limited independent stock assessment data 5|Page to complement the fisheries dependent data. The project will provide support toward the sustainable management of the fisheries resources through (a) conducting series of fisheries stock assessments in the Liberian coastal waters during the project life span. The stock assessment will help underpin recovery and inform climate adaptation plans for overexploited stocks where necessary; (b) developing FMPs for both marine (industrial, semi-industrial, and artisanal) and inland fisheries to ensure long-term viability of the Liberia fisheries sector and sustainable management of fisheries resources; (c) improving the management of the existing national vessel registry system: a national vessel registry was developed under the previous WARFP and updated through the project preparation advance (PPA). This project will finance activities that aim at improving the national vessel registry, including developing an improved vessel marking/numbering scheme, enhancing the digital data collection at all artisanal fish landing sites, and reporting by cell network to NaFAA’s central database; and (d) piloting alternative fishing vessels, gears, and technologies such as fiber glass vessels to replace dugout canoes and establish a semi-industrial fishery for high-value species in coastal waters. Subcomponent 1.4. Support to community-led fisheries management Under this pillar, the project plans to empower fishing communities with the capacity to better manage local fishery resources and become active participants in decision-making and the process of inclusive and sustainable development of the fisheries sector. Conscious effort would be made to ensure more women get enlisted into the CMAs and Liberia Artisanal Fish Association (LAFA) and any co-administration/co- management mechanisms that may be established. Specifically, the project will (a) fund simple infrastructure such as construction/rehabilitation of four CMA offices to support the establishment of co- management and co-administration mechanisms between NaFAA, the CMAs, and LAFA in Mesurado, Margibi, Grand Bassa, and Grand Kru Counties. The specific sites for the offices are yet be identified. Also, on a pilot basis, the project will construct one post-harvest and hygiene platform at a landing site in Buchanan, Grand Bassa County, to provide clean water supply, ice storage, and clean environment for landing and processing of catch for onward supply to markets; (b) provide safety gears, cameras, handheld GPS to complement small-scale fishers’ arsenal of tools, and life jackets to improve safety at sea, as well as Styrofoam boxes for fish preservation on canoes, and buoys for enhancing artisanal gear visibility; (c) Develop and implement integrated coastal zone management (ICZM) plan: the conservation and protection of coastal resources is difficult in the absence of a comprehensive, integrated framework for policy, planning, and management of ICZM. Hence, the project will support activities that enhance ICZM such as mapping, delineation, and demarcation of the hazard lines; delineation of coastal sediment cells and mapping; and delineation and demarcation of the ecologically sensitive areas. Besides, some support will be provided to engage fishing communities in the rehabilitation/regeneration and conservation of mangroves and establishment of coastal shelterbelt plantation; and (d) reduce marine litters, particularly plastics wastes and discarded fishing gears through enhancing fishing community engagement and providing equipment and incentives to promote beach cleanup. Conscious effort would be made to target women/female-led enterprises/groups in the recruitment of interest groups and procurement of equipment and materials for beach cleanups. Component 2: Improving value-addition of fish and fish products The fishery sector in Liberia does not realize the value of fish caught by either industrial or artisanal sectors. Industrial fisheries yield only limited license fees and some landings of trash fish to local markets, while the artisanal fishing communities have poor quality canoes, do not use ice, and most have no road network to connect to markets. While fish production could be significantly increased to reduce the imports on which the urban centers depend, landing sites and associated infrastructural facilities need to be upgraded to improve fish quality and provide higher-value marketing in future. 6|Page Subcomponent 2.1. Strengthening national post-harvest value systems Liberia fish producers reap a small share of the economic benefits from traded fish; hence, improving the economic performance of fisheries along the value chain is necessary to promote sustainability, improve the fisheries livelihoods, reduce poverty, and boost national economic benefits. The project will (a) finance the construction of an industrial fishing port at the Mesurado Pier that would involve the extension of the fish landing quay and the associated dredging works & removal of wrecks, and which is expected to be economically and financially viable, technically feasible, and environmentally sustainable, including climate resilient, energy and resource efficient. The construction of the industrial fishing port could include, shore facilities for fish auction, quay, central fish market, processing area, and provision of required utilities for private sector investment in ice production and chill storage; (b) support the construction of an artisanal landing site at the Mesurado Pier which will be climate resilient—able to withstand storms, increase in sea level, and so on. The artisanal fish landing site will be equipped with landing pontoons and post-harvest processing facilities (such as chill rooms, ice making centers using solar power, other renewable energy sources); fish market facilities; store facilities for the sale of vessel engines and biodegradable nets; engine repair shops; refueling station; toilets; and water facilities to improve quality of landings, and the natural fish supply; and (c) finance the construction of 1 Standard artisanal fish landing platform at Grand Bassa, equipped with solar-powered sea water supply, liquid and solid waste treatment facilities, cooler boxes for Ice storage, and solar PV panels to run lighting; Stainless steel work benches and solar-powered chill storage. The associated facilities will also reduce operating costs for the fishers, due to speedier landing process and cheaper ice, and make it possible for them to employ improved technologies. It will also allow Liberian fishers to increase their share of the end-market price through maximization of the value chain of fish products including reducing post-harvest loss and improving production, distribution, and marketing. Subcomponent 2.2. Support focused on women As women are important players in the fisheries sector in Liberia, particularly in the post-harvest sector, the project will support the following specific activities: (a) Considering the capacity constraints of financial institutions and experience with credit lines in Liberia (for example, other bank-financed projects in Liberia such as STAR-P), the proposed project will use matching grants as the main financing instrument for productive investment subprojects. Best practices will be applied in managing the matching grant fund, including a staged selection process adhering to strict conditions and criteria, an independent investment committee, and use of a professional fund manager to manage operations. The primary objective of the matching grant scheme would be to empower women to develop their businesses progressively from nano- businesses to micro-businesses which will include adopting climate-smart interventions, educating other women-owned enterprises too, and ultimately earning positions as small- and medium-scale enterprises with proven credit absorptive capacities when they would be linked with the formal financial market. The scheme would, therefore, have an in-built mechanism to give a series of graduated loans and non-financial services to recipients who would prove to be creditworthy and also have climate mitigating action in their proposals as an incentive. The activities to be financed out of the matching grant facility will include construction of improved smoke ovens and thereby reducing the use of wood as energy source and the negative health effects on women, use of low energy or solar powered freezers/cooler for fish storage, assisting in the formulation of climate-resilient business improvements, support to alternative livelihood activities (other businesses in the fishing community), and establishment of new businesses by women in fishing communities making women an integral part in dialogues and also in the decision-making process and nominating women to take a lead role; (b) support capacity development for women and in women entrepreneurship. It will comprise training and demonstration in adopting Climate Smart practices, including using energy-efficient equipment and solar-powered cold storage in better product handling, especially in fish smoking and drying technology as well as packaging to enhance shelf life with solar powered cold storage. It will also support trainings in business development, including financial management (FM) and other capacity-development activities that could enhance the leadership skills of women in the fishery sector; 7|Page and (c) support activities that could improve the sanitary and hygiene conditions of women and children in selected fishing communities. This activity will leverage the Liberia PROBLUE ASA which will quantify the distribution and abundance of marine litter, characterization of plastic waste, and improvement of the hygiene and sanitation of communities. Component 3: Support to aquaculture development Aquaculture production holds a largely untapped potential for Liberia and other countries in the West Africa region. Aquaculture development in Liberia dates to the 1950s when experiments with common carp, African catfish, and tilapia varieties were conducted in small dugout ponds at the now Central Agriculture Research Institute in Bong County. An annual production of 45 tons was achieved in 1989, just before the civil crisis. However, currently the Liberia aquaculture sector is miniscule, despite a suitable natural environment. The development and growth of the aquaculture sector is constrained by a number of factors including lack of knowledge and skills from hatchery to farming; lack of access to credit by farmers to finance development and operations of production facilities; lack of access to high-quality fish fingerlings; lack of access to quality fish feed to enhance fish growth and aquaculture production, resulting in stunted growth and poor farm productivity; limited access to essential inputs for pond construction and operations; and limited access to extension services to enhance farmers’ capacity to improve pond/farm management and productivity. The specific activities that will be supported by the project are outlined under the following subcomponent. Subcomponent 3.1 Strengthen advisory services Under the project, support for aquaculture will include (a) supporting the collection and analysis of baseline data on inland fisheries as there is a limited information related to inland fisheries; (b) supporting stock enhancement for inland fisheries based on research and identification of native species to help boost inland fish production; (c) providing training to NaFAA staff, especially the training of trainers on climate-resilient fisheries production technologies and provision of weather-based aquatic advisories that will contribute to building resilience by ensuring adoption of these practices. Also, these practices will be embedded in the curricula developed for the proposed fisheries program to be established at the UoL; (d) providing aquaculture inputs supplies (nets, aerators, floating cages, paddle wheel) which are environmentally friendly, using biodegradable and alternative floating cages which can withstand heavy winds and erosion and disease for the government-run demonstration hatchery centers; and (e) promoting public-private partnership (PPP) by supporting the strengthening of private sector capacity in aquaculture industry development; training and adopting sustainable fish farming technologies (adoption of climate-smart hatchery management, fish processing, hygiene and sanitation, waste management, post-harvest management); developing protocols for certification of hatcheries and feed formular setting (non-chemical, nutritious); and research and development. Component 4: Project management This component will support the implementation, management, coordination, and oversight of the proposed project, including establishing and implementing a simple and smart monitoring and evaluation (M&E) system where climate risk screen tool will be integrated throughout project implementation to identify risks, communication, awareness, and training of the implementing entities on applying the new World Bank’s Environmental and Social Framework (ESF)/Environmental and Social Standards (ESS), World Bank Group ESHS Guidelines, and Good International Industry Practice (GIIP). Among others, this component will also finance the administrative costs associated with the Project Implementation Unit (PIU) and the Project Financial Management Unit (PFMU) support to the project and the project’s overall oversight and coordination. The PIU will be responsible for the implementation of the project and carrying out day-to-day management of the project, while the inter-ministerial Project Steering Committee will be the decision- making and oversight entity whose meetings and deliberations will be financed under the project. The PFMU 8|Page of the Ministry of Finance and Development Planning (MFDP) will support the project’s fiduciary aspects (FM and audits). Financing will also be provided for knowledge generation of climate-related impacts and adoption of mitigating activities, that is, crisis response plans, including undertaking evaluations of key project activities and policy research and sharing information and findings. Furthermore, the component will provide funds for new and relevant studies identified and agreed during implementation of the project as well as communication and information sharing activities. Efforts will also be made through a well-thought- out communication strategy which includes actions to address gender inequities to ensure that stakeholders are well informed of each of the project-supported activities to ensure a clear understanding of the project’s objectives, their roles and responsibilities, increasing their access to new technology; information and skills; essential assets; and the alignment of the proposed project with the larger government project as well as to manage their expectations. Component 5: Contingent Emergency Response Component (CERC) The objective of this component is to provide immediate response to an eligible crisis or emergency, as may be presented in the future. The CERC is one of the World Bank’s contingent financing mechanisms available to borrowers to gain rapid access to World Bank financing to respond to a crisis or emergency. It is included as a project component that is designed to provide swift response in the event of an eligible crisis or emergency, defined as “an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact associated with natural or man-made crises or disasters.� The mechanism for the triggering of the CERC will be included in the Credit Agreement, which will require (among others), the preparation of a CERC Manual detailing the applicable fiduciary, environmental and social, monitoring, reporting, and any other implementation arrangements necessary. Provided the World Bank Group agrees with the emergency assessment, this component would allow the Government to request the World Bank to reallocate uncommitted resources from other project components to this component to cover emergency response and recovery costs or, eventually, to channel additional financing that may become available because of the emergency. 1.4 Design Considerations to Avoid or Minimize Land Acquisition by Component 2 The project is intended to use the available land within the fishing sectors and government owned land, building and resources. In the process of site selection for new construction, NaFAA will assess the requirements and coordinate with the Technical Team to avoid private or community land acquisition. If the acquisition of land is required, landowners shall be compensated at the market rate of the land/properties evaluated and as explained in the framework. The compensation for loss will follow the replacement cost payment method and other benefits as defined in this framework. CHAPTER TWO: ESS5 PRINCIPLES, OBJECTIVES, AND SCOPE 2.1 Principle This RPF has been prepared to be applied to any Sub-project which may have implications of loss of assets or access to assets, the loss of income sources or means of livelihood and restriction to land use and other assets. The Bank believes, as part of its principles, that involuntary land acquisition, restrictions on land use and involuntary resettlement caused by infrastructure projects, if unmitigated, could give rise to severe economic, social, and environmental risks and impacts such as adverse impacts on: production systems; loss of productive assets or income sources; access to land or natural resources; the performance of community institutions and social networks; kin groups ability to live and work together; and cultural identity and; traditional authority. In anticipation of these social risks and impacts, ESS5 provides risks mitigation measures to address and mitigate these associated risks and social impacts posed if any. 9|Page Compensation for losses is directly related to involuntary land acquisition and restriction to land use or natural resources (land, property, or access) by LSMFP provided to Project Affected Persons (PAPs) either in kind or in cash, of which the former is preferred to enhance sustainability. The Ministry of Agriculture, the Ministry of Public Works including the Environmental Protection Agency of Liberia (EPA) shall, in consonance with NaFAA, provide technical support for component II of the project within the implementing communities and ensure that those affected by the implementation of the LSMFP activities are fully compensated and/or resettled before the commencement of the projects’ civil works, as required by ESS5. 2.2 ESS5 Objectives To ensure that Component 2 is fully achieved, the LSMFP shall adhere to the following ESS5 objectives: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To avoid forced eviction. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced as the result of the project’s intervention, through the provision of adequate housing, access to services and facilities, and security of tenure.1 • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 2.3 Scope of ESS5 Application While this RPF guide the preparation and approval of RAP/ARAP, the applicability of ESS5 shall be established during the environmental and social assessment under the umbrella of ESS1. Criteria that will lead to determination of the applicability of ESS5 are discussed under chapter three of this RPF. ESS5 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: a) Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; b) Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; c) Restrictions on land use and access to natural resources that cause a community or groups within a 1 “Security of tenure� means that resettled individuals or communities are resettled to a site that they can legally occupy, where they are protected from the risk of eviction and where the tenure rights provided to them are socially and culturally appropriate. In no event will resettled persons be provided tenure rights that are in effect weaker than the rights they had to the land or assets from which they have been displaced. 10 | P a g e community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project; d) Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project-specific cut-off date; e) Displacement of people as a result of project impacts that render their land unusable or inaccessible; f) Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas; g) Land rights or claims to land or resources relinquished by individuals or communities without full payment of compensation; and h) Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. ESS5 covers and applies to all components of the LSMF project that result in involuntary resettlement, land acquisition and land access restriction, regardless of the source of financing. Furthermore, it applies to other activities resulting in involuntary land acquisition and land access restriction 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, consistent with the project framework. 11 | P a g e CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS 3.1 Screening, Preparing and Approving Resettlement Plans In keeping with tenants of good governance, particularly in line with the United Nations Sustainable Development Goals of the project—while carrying out resettlement tasks—will institute appropriate measures and systematic process and procedures aimed at guiding the preparation and implementation of the Resettlement Plans, when required, as follows: 3.1.1 Sub-project Social Impacts Assessment The social impact assessment will be undertaken before project approval to determine the magnitude of likely environmental and social impacts including involuntary land acquisition, relocation or loss of shelter, loss of assets or access to assets, or loss of income sources and means of livelihood that will result from the sub-project activity. Site specific social risks screening or census will be conducted, and the exercise shall identify potential social and economic impacts of subprojects activities on PAPs. The exercise will be conducted by dedicated Environmental and Social Safeguards Specialists, relevant ministries and agencies, and Community Leaders from the affected areas. A site-specific social risk screening is provided in Annex 1. Once the LSMFP proposed subproject’ specific locations are approved for each of the targeted counties, impact screening exercises will be carried out by the PIU in consultation with the Bank. To commence these exercises, the first step will be to determine the potential project footprint and area of influence, including the fishing community and the landing sites. 3.1.2 Determining ESS5 Applicability At the moment all components of the subproject have been identified pending approval. Following approval of the project, the next phase will be to undertake a census and inventory of assets in the full area of influence of the Subcomponents to help determine whether ESS5 applies to the proposed subprojects activities (including any associated facilities, if any) to be implemented by the project. The screening exercises for each subproject including any associated facility activity(ies) should provide answers to the following questions: a) How much land area is required for advancing the sub-component 2.1, including its activities and its associated facilities – if any? If the subproject does not need any land, ESS5 is not or will not be applicable, b) Are inhabited dwellings involved? Wherever inhabited dwellings may potentially be affected by a sub-project, a documented effort will be made to relocate the activity to avoid any impact on such dwellings and to avoid displacement/relocation accordingly. However, in as much as such impacts prove unavoidable, the project will prepare the required RAPs. c) Who owns the land? If part of the land has private owners and the LSMF project intends to acquire the land using eminent domain, ESS5 is applied. If, however, all privately owned land is going to be sold voluntarily in the open market and the government is not going to use its right of eminent domain and if the potential PAPs have the option to refuse land acquisition or purchase, ESS5 is not applied. d) If the LSMFP requires publicly owned land, is this land subject to customary claim, squatters, or encroachers? If all the land required for the project is state owned and is not subject to competing customary claims, grazing rights, or squatters or encroachers, ESS5 is not applied. However, if the land is state-owned but is subject to competing claims, ESS5 is applied, 12 | P a g e e) How is the land, including publicly owned land, currently used? This question helps to determine the scope of resettlement and livelihood issues in the case of private land and to identify possible temporary or seasonal use of state-owned land, even though the land may appear to be empty, f) What is the rough estimate of resettlement impacts to result from subcomponent 2.1 land acquisition? This question helps the LSMFP assess the scale of resettlement and/or economic displacement and determine the proportionality and appropriateness of resettlement instrument to use, g) Will the LSMFP be able to identify, before subproject approval, all the land required for subcomponent 2.1? This question helps determine the proportionality and timing of resettlement instrument required for the sub-project. If all the land parcels required for the subcomponent 2.1 cannot be identified before subproject approval, specific provisions will need to be included in the RAP prepared for the sub-component to ensure that any additional land is acquired, and economic displacement compensated in accordance with ESS5, this RPF and specific provisions of the subcomponent RAP, that stakeholders are aware of the issues and that any additional land acquisition is minimized and well supervised. h) If activities of subcomponent 2.1 of the LSMFP are in a legally designated park or protected area, will the access of the people living inside or around the park be restricted? If yes, ESS5 becomes relevant and a process framework is required, leading to agreed mitigation measures before the restrictions can be imposed. The screening process for resettlement/livelihoods impact will be coordinated with the overall sub project screening. 3.2 RAP/ARAP Preparation A RAP/ARAP may be required if project activities require changes in existing land use, whether temporarily or permanently. The scope of the RAP/ARAP will be determined by the magnitude of each subproject’s impacts and the complexity of mitigation measures. A census of affected properties, persons and activities to be affected by subproject activities will determine the scope and complexity of resettlement and livelihood impacts. To address the issues identified in the census, the LSMFP will prepare a plan proportionate to the risks and impacts associated with the project: a) For projects with minor land acquisition or restrictions on land use, because of which there will be no significant impact on incomes or livelihoods, the plan will establish eligibility criteria for affected persons, set out procedures and standards for compensation, and incorporate arrangements for consultations, monitoring and addressing grievances. b) For projects causing physical displacement, the plan will set out the additional measures relevant to relocation of affected persons. c) For projects involving economic displacement with significant impacts on livelihoods or income generation, the plan will set out the additional measures relating to livelihood improvement or restoration; and d) For projects that may impose changes in land use that restrict access to resources in legally designated parks or protected areas or other common property resources on which local people may depend for livelihood purposes, the plan will establish a participatory process for determining appropriate restrictions on use and set out the mitigation measures to address adverse impacts on livelihoods that may result from such restrictions. 13 | P a g e The PIU will assess and determine, at the earliest possible stage, the relative impact related to: a) Physical displacement (relocation, loss of residential land or loss of shelter) or b) Economic displacement (loss of land, assets or access to assets, changes or restrictions to land use leading to loss of income sources, access to natural resources, or other means of livelihood). The resettlement impacts will be identified applying the information on sub-project respective land requirement including, for example, for the construction of office and landing site facilities in the fishing communities with overcrowding or which lack CMA infrastructure. Based on these requirements, the preparation of RAP/ARAP will follow the following paths: i. Determine whether subproject activities including any associated facilities are eligible, ii. Determine whether subproject activities entail involuntary land acquisition or restriction or land use change that cannot be avoided or minimized, iii. Take steps to prepare the RAP/ARAP—If ESS5 applies to the subcomponent’s subproject, the PIU must complete following tasks: a. Conduct a census and socioeconomic surveys to identify subprojects’ impacts and the people that will be affected. b. Finalize the resettlement entitlements for each category of impact. c. Select adequate resettlement sites and income-improvement activities (if relocation is necessary or required); d. Establish institutional mechanisms for delivering entitlements and for undertaking resettlement and livelihood restoration activities. e. Prepare budgets and plans to ensure the timely flow of funds for resettlement and livelihood restoration implementation. f. Coordinate implementation arrangements among relevant agencies involved in the implementation of RAP/ARAP; g. Establish mechanisms for continued participation of PAPs in resettlement and livelihood restoration, as well as for redressing of their grievances; and h. Decide for internal and independent monitoring of resettlement activities proportional to the risks and complexity of mitigation measures. iv. Coordinates the activities of agencies contributing to RAP/ARAP, v. Review and clear the resettlement planning documents—the LSMFP or its consultants, and the Bank Social Development Specialists collaborate in preparing the resettlement documentation and arranging for their review and clearance, vi. Arrange for monitoring and supervision during implementation—Plans for Bank supervision, project monitoring, and independent resettlement monitoring should specify arrangements for responding to obstacles or opportunities arising during implementation. 3.3 RAP/ARAP Approval/Clearance/Disclosure Once the magnitude of impacts of subprojects activities are determined, the proportionality of impacts mitigation measures is agreed upon and the required planning instruments are prepared, the following approval and clearance steps/procedures should be followed by the WB project: 14 | P a g e i. For subcomponent 2.1 activities (including any associated facilities-if any) a Subproject- or component-specific RAP/ARAP needs to be submitted to the Bank for approval as a condition of its financing of the respective subproject or component. The RAP/ARAP must contain or cover all minimum elements of RAP/ARAP stated in Annex I of ESS5, ii. For each subproject, evidence of satisfactory RAP implementation including payment/delivery of all compensations must be provided to the Bank before the site can be cleared and construction can start. iii. If subcomponent 2.1 activities impose restrictions of access to legally designated parks or protected areas, the PIU needs to submit a Process Framework (PF) as a condition for subproject approval. The PF must contain or cover all minimum elements of PF stated in Annex I of ESS5. iv. If subcomponent 2.1 sub-project activities (including any associated facilities – if any) impose restrictions of access to legally designated parks or protected areas, the specific plans of action describing the mitigation measures agreed to by the affected communities need to be submitted by PIU for World Bank approval before the restrictions can be imposed. v. The RAP/ARAP shall be approved by the World Bank, prior to disclosure and finalization. 3.4 Disclosure This RPF and subsequent subprojects RAP(s)/ARAP(s)/PFs will be submitted to the World Bank for a ‘No Objection’. Once cleared by the Bank, the Project Team will subsequently disclose the RAP(s)/ARAP(s) in the project area. A printed version of these E&S instruments/ safeguards’ instruments will be available to the public at NaFAA headquarters and subprojects’ areas. Upon disclosure in the subproject area, these instruments will also be disclosed on both NaFAA and the World Bank’s website. PIU is responsible for ensuring the quality, consistency, clearance, and for in country disclosure, of this RPF and all subproject RAP(s)/ARAPs in accordance with the ESS5 requirements. For any changes made to the approved RPF, and each RAP/ARAP, the same clearance and disclosure protocols will be followed. 15 | P a g e CHAPTER FOUR: SOCIO-ECONOMIC CHARCTERISTICS 4.1 Population Liberia has an estimated population of 4.81 million people of which 48.9% are males and 51.1% are females. About 2.24 million of the population live in the project targeted counties of Bomi, Grand Bassa, Grand Cape Mount, Grand Kru, Margibi, Maryland and Montserrado.2 The population density in Liberia is 53 persons per Km2 (136 people per mi2) with an estimated 52.6% living in the urban compared to 47.4% in the rural.3 A high fertility rate of nearly 5 children per woman couple with a large youth cohort is said to sustain the already high dependency ratio in Liberia for many years to come.4 While more than two-thirds of the population are under the age of 35 years, youth unemployment is estimated at 85%. There are acute disparities in income as well as health and education outcomes between rural and urban populations, exacerbated by poor infrastructure and limited domestic investments. Severe malnutrition is also prevalent with almost one-third of children under 5 years being stunted. Liberia’s human development outcomes are among the lowest in the world as evidenced by a score of 0.31 and a rank of 153 out of 157 countries recorded in the World Bank’s Human Capital Index (HCI).5 Like other coastal countries in West Africa, Liberia and its population are dependent on the health of a richly endowed marine and coastal environment. Table 2: Population of the project target counties distribution by gender Total Male Female # Targeted County Population Population % Population % 1 Bomi 102,674 51,078 49.7 51,596 50.3 2 Grand Bassa 124,976 61,731 49.4 63,245 50.6 3 Grand Cape Mount 155,106 77,850 50.2 77,256 49.8 4 Grand Kru 70,687 35,070 49.6 35,618 50.4 5 Margibi 256,228 121,870 47.6 134,358 52.4 6 Maryland 165,923 79,915 48.2 86,008 51.8 7 Montserrado 1,364,902 647,803 47.5 717,099 52.5 Source: Household Income and Expenditure Survey 2016 4.2. Size of Household Population The 2016 Household Income and Expenditure (HIES) indicates that Liberia has about 990,966 households with an average estimated size of 4.3 persons per household. Probably because of an increase in urbanization, modernization, education and individualism, the average household size for Liberia declined by about 16% (from 6.1 in 1984 to 5.1 in 2008); this implies that now, there were smaller numbers of people living and sharing a meal together in 2008 than twenty years ago. Despite the high rate of rural-urban migration in 2 LISGIS 2016 Household Income and Expenditure Survey 3 Woldometer: Liberia Demographics, retrieved February 2021 4 The World Factbook: Liberia Profile, retrieved February 2021 5 A composite index based on measures of health, education and nutrition. 16 | P a g e pursuit of better living standards, the rural areas still account for 51.2% of the total household compared to the urban that accounts for 48.7%. The mean household size in the project targeted counties range from 4.0 persons in Bomi to 7.0 persons in Maryland, with Bomi having the highest proportion of female-headed household (29.2%) and Grand Bassa the lowest (20.8%).6 4.3 Level of Poverty Nearly 40% of the population of Liberia lives on less than US$1.90 per day (a figure 20%age points higher than other countries in Sub-Saharan Africa).7 Liberia poverty headcount is 50.9%, meaning that slightly more than half of the population is unable to achieve the minimum expenditure to acquire basic food and non-food items. Poverty headcount in rural areas (71.6%) is higher when juxtaposed to urban areas (31.5%). The overall food poverty level of 39.1% is also higher in rural areas at 50.9% compared to urban areas at 28.1%. However, the level of food poverty in rural areas is significantly lower than the absolute poverty headcount (50.9% vs. 71.6%), while the level is nearly the same in urban areas (28.1% vs. 31.5%). This indicates that some households in rural areas can meet their food poverty needs even though they have relatively little non-food consumption. Approximately 16.5% of the population of Liberia is classified as extremely poor—26.5% of which is in rural areas and 7.2% in urban areas. As for poverty levels by gender of household head, male-headed households have slightly higher poverty than female-headed households. Poverty levels are 52.3% among male-headed households and 46.3% among female-headed households. As for the project counties, absolute poverty is low in Montserrado at 20.3% and high in Maryland at 84.0 present. Similar trend is seen for food poverty with Montserrado being at 20.2% and Maryland at 71.5%. Extreme poverty is also low in Montserrado at 2.7% and high in Maryland at 47.5%.8 Table 2: Poverty levels in the project target counties # Targeted County Absolute Poverty Food Poverty Extreme Poverty 1 Bomi 64.3 44.8 22.2 2 Grand Bassa 61.8 45.0 21.9 3 Grand Cape Mount 53.7 35.3 19.5 4 Grand Kru 74.4 50.1 26.8 5 Margibi 52.2 39.6 26.8 6 Maryland 84.0 71.5 47.5 7 Montserrado 20.3 20.2 2.7 Source: Household Income and Expenditure Survey 2016 4.4 Life Expectancy Data from 2020 indicate that life expectancy at birth in Liberia both sexes combined was 65.0 years. Disaggregated by sex, the life expectancy at birth for females was 66.5 years while that of males at birth 63.5 years. This represents a significant increase that began in 2015 but still puts the Liberia at 164th place in the world.9 The life expectancy of Liberia is greatly affected by the fragility of a public health system that is unable to respond to the severity of many life-threatening health conditions. WHO data published in 2018 Coronary Heart Disease Deaths reveal that Liberia reached 2,383 or 7.11% of total deaths. 6 LISGIS 2016 Household Income and Expenditure Survey 7 Human Development Report.2016. http://hdr.undp.org/en/countries/profiles/LBR. Accessed February 17, 2018 9 Worldometer: Liberia Demographics, retrieved February 2021 17 | P a g e The age adjusted Death Rate for Liberia was 157.96 per 100,000 of population, thus ranking Liberia 63rd in the world.10 One of the biggest hits to the Liberia’s economy in recent years that also continues to greatl y affect the level of life expectancy was the devastating Ebola Virus Disease (EVD) outbreak that occurred in 2014, on top of a public health system that was seriously weakened during civil war years. Infant mortality is 70 deaths per 1,000 live births (2013); and, maternal mortality rate is 770 deaths per 100,000 live births (2013). The HIV prevalence observed in the 2013 LDHS among adults age 15-49 is 1.9% compared to 1.5 % in 2009.11 4.5 Social and cultural characteristics Liberia has 16 indigenous ethnic groups that account for 95.0% of the population. The largest ethnic group is the Kpelle, who are concentrated in central and western Liberia. Americo-Liberians who are descendants of African American and West Indian people account for 2.5% of the population. Similarly, the Congos are descendants of repatriated Congo and Afro-Caribbean slaves and make up 2.5% of the population. Lebanese, Indians, Chinese, Nigerians, Ghanaians and other foreign nationals are seen in sizeable numbers across Liberia, mainly as merchants, owning several businesses and having a somewhat large stake to the local economy.12 Each indigenous ethnic group has its own distinct languages and customs, although there are few common practices. Traditionally, women hold very strong roles in tribal life, and most tribes commonly practice female circumcision. There are high rates of marriage among ethnic Liberians, a practice reflective of cultural assimilation and interethnic acceptance. Both monogamy and polygyny are permitted and practiced. There is no official state religion in Liberia, but 85.5% of the population practices one form of Christian of faith or another. The size of the population that practices Islam is estimated at 12.2%, most of whom are Malikite Sunnis. A small segment of the population identifies as neither Christian nor Muslim, while another subscribes to African Traditional Religions (ATR). Liberia’s literacy rate (age 15 and ov er that can read and write) increased from 32.1% in 1984 to 47.6% in 2019. Male literacy rate is estimated at 62.4% and females at 32.8%, showing a wide gap between the sexes.13 4.6 Land Use and Agriculture Liberia has a total land area of 111,370 square kilometers, including 96,320 square kilometers of land (9.63 million hectares) and 15,050 square kilometers of water. About 28% of the total land area is agricultural land, suitable for the production of a variety of crops. Liberia’s terrain compris es mangrove swamps and beaches along the coast, wooded hills and semi-deciduous scrublands along the immediate interior, and dense tropical forests and plateaus in the interior. The inland grassy plateau and swamplands support agriculture, both subsistence and commercial. About 44.9% Liberia’s land mass is forested, of which 4.0% is classified as primary forest with the most biodiverse and carbon-dense form of forest.14 The overall rate of change in land use and land cover has accelerated from 0.5% per year between 1975 and 2000 to 1.3% per year between 2000 and 2013, which is above the regional average for this time period. The most important trajectories of land use and land cover change have been associated with the conversion of dense forest into degraded forest, savanna and thicket as a result of selective logging and widespread shirting cultivation.15 Agriculture is the primary livelihood for about 70% of Liberia’s population, and provides sustenance for many households engaging in cassava, rubber, rice, oil palm, cocoa, or sugarcane production. More households engage in cassava production than any other crop. Rice and cassava are the primary staple food crops. The main cash crops and foreign exchange earners are rubber, cocoa, and timber. Rubber is one of 10 World Life Expectancy: World Health Ranking, "Liberia Coronary Heart Disease", retrieved February 2021 s12 https://worldpopulationreview.com/countries/liberia-population. 13 https://theodora.com/wfbcurrent/liberia/liberia_people.html. 14 Liberia Forest Information and Data (mongabay.com). 15 Land Use, Land Cover, and Trends in Liberia | West Africa (usgs.gov). 18 | P a g e the dominant generators of state revenues, accounting for 17.5% of the total export receipts in 2017.16 Artisanal and commercial fishing in Liberia is major agricultural activity that provides means of livelihood and income many rural and urban dwellers. Fishing is widespread in coastal Liberia as a major occupation of the Fanti, indigenous Kru, Grebo and Bassa fishermen who make up the artisanal sector. This sector also exploits the inland resources from the many rivers and creeks that traverse the country, contributing about 41.33% of fish. It provides 80% employment for coastal communities owing to its huge demand for labor.17 16 Central Bank of Liberia (CBL), 2017 17 Ministry of Agriculture and UNDP 2008 Assessment Report 19 | P a g e CHAPTER FIVE: POTENTIAL IMPACTS ON ACCESS & LIVELIHOOD 5.1 Estimated Number of PAPs and Likely Impacts The subprojects civil works activities under sub-component 2 are expected to affect the livelihoods of approximately 40 PAPs, whose compensation is set forth in the Abbreviated Resettlement Action Plan (ARAP). However, an estimated of 290 persons (35% female and 65% male) were consulted across the potential project sites, including Montserrado, Bomi, Margibi, Grand Kru, Grand Bassa, Grand Cape Mount, and Maryland counties. These are persons from different walks of life and occupations who could be affected by activities carried out under the Subproject. Depending on the nature and scale of the Subproject activities, PAPs could be displaced, resettled and/or compensated on a case-by-case basis. 5.2. Likely Impact by Gender As shown in the table below, an estimated 2000 PAPs may likely be impacted as a result of the Subproject activities in the earmarked project sites. The total population in the seven project counties is 2,240,496, of which 52% are females and 48% are males. The overall gender ratio in the seven counties is 92.3. Table 3: Likely impact of the project by gender18 Gender Ratio 14 # County Male Female Total (Males to Females) 1 Bomi 51,078 51,596 102,674 98.9 2 Grand Bassa 61,731 63,245 124,976 97.6 3 Grand Cape Mount 77,850 77,256 155,106 100.7 4 Grand Kru 35,070 35,618 70,687 98.5 5 Margibi 121,870 134,358 256,228 90.7 6 Maryland 79,915 86,008 165,923 92.9 7 Montserrado 647,803 717,099 1,364,902 90.3 Total 1,075,317 1,165,180 2,240,497 92.3 5.3 Categories of Losses likely to be caused by subprojects A number of losses are expected to result from implementation of the sub project activities in the earmarked sites. These anticipated losses could include but not limited to the following: • Permanently or temporarily affected land; • Houses or other structures, crops, trees, or other assets; • Small kiosk or any other small business or production; and/or • Income losses as a result of the Project. 18 The gender ratio is an excerpt from LISGIS HIES 2016 showing the ratio of males to females in a population. A balanced ratio of one male to one female would be 100:100. In Liberia, there are approximately 96 males to every 100 females (i.e., gender ratio of 95.6). 20 | P a g e CHAPTER SIX: ELIGIBILITY CLASSIFICATION 6.1 PAPs Classification Affected persons may be classified as persons: a. Who have formal legal rights to land or assets; b. Who do not have formal legal rights to land or assets, but have a claim to land or assets that is recognized or recognizable under national law;19 c. Who have no recognizable legal right or claim to the land or assets they occupy or used; d. The census described in Chapter Three of this RPF will establish the status of the affected persons, PAPs who belong to one, two or all of the above classifications will be qualified for compensation and resettlement assistance as discussed below: Category (a): Affected persons who have formal legal rights to land or assets are those who have formal documentation under national law to prove their rights or are specifically recognized in national law as not requiring documentation. In the simplest case, the land is registered in the name of individuals or communities. In other cases, persons may have a lease on the land and therefore have legal rights. Category (b): Affected persons who do not have formal rights to land or assets, but who have a recognized or recognizable claim under national law can fall into a number of groups. They may have been using the land for generations without formal documentation under customary or traditional tenure arrangements that are accepted by the community and recognized by national law. In other cases, they may have never been provided formal title or their documents may be incomplete or lost. They may have a claim for adverse possession if they have occupied land for a certain number of years defined by national law as long enough, without the formal owner contesting the occupation. In such cases, national law on land rights often has legal procedures by which such claims can become recognized. Category (c): Affected persons who have no recognizable legal right or claim to the land or assets they occupy, or use are eligible for assistance under ESS5. These can be seasonal resource users, such as herders, grazers, fishers, or hunters (although if the rights of such users are recognized by national law, they may fall into category (a) or (b)). They can also be persons occupying land in violation of applicable laws. Affected persons in these groups are not eligible for compensation for land but are eligible for resettlement and livelihood assistance and compensation for assets. Initial estimation of the probable number of affected persons suggests that household members of 270 PAPs with an average household size of 5 will be impacted by sub-component 2.1 sub projects(s). The table below shall be used to preset each category of PAPs: Table 4: Categories of PAPs # Categories of PAPs Female Male Total 1 With formal legal rights to land 33 34 67 2 Without formal legal rights to land 41 25 66 3 Loose livelihood resources or employment 33 39 72 4 Those who have no recognizable legal right or claim to the land 30 35 65 Total 137 133 270 19 Such claims could be derived from adverse possession or from customary or traditional tenure arrangements. 21 | P a g e Source: Project Affected Parties/Persons Identification Note: These are estimates that may change based on the reality at the time of the Sub Project activities. Persons covered under (a) and (b) above are to be provided compensation (at full replacement value) for the land and assets they lose, and other assistance in accordance with the entitlement matrix provided in this RPF. Likewise, persons in category (c) are compensated for loss of economic resources in accordance with the entitlement matrix provided in this RPF. Persons in category (d) are to be provided with resettlement assistance in lieu of compensation for the land they use/occupy, as well as other assistance as necessary, if they have occupied the area prior to an agreed cut-off date for entitlements. All persons included in categories (a), (b), (c) and (d) are to be provided with compensation for loss of assets other than land (including those attached to land such as structures, crops, improvements, etc.). PAPs who suffer direct economic and social impacts20 that may result from Bank financed infrastructure projects, causing a) the involuntary taking of land resulting in (i) relocation or loss of shelter and (ii) loss of assets or access to assets; b) loss of income sources or means of livelihood, whether or not the affected persons must move to another location and; c) the involuntary restriction of access to legally designated parks and protected areas resulting are all eligible for compensation and resettlement assistance. 20 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. 22 | P a g e Table 5 below presents an entitlement matrix with potential impacts that could result due to the different categories of losses that the PAP may be exposed to. Specific PAPs, the level of impacts and the respective entitlements will only be identified and verified during the RAP/ARAP development. Table 5: Entitlement matrix Entitlement Type of Loss Application Eligibility Criteria Compensation Land Permanent loss of PAPs permanently losing Person with formal right to land PAP will be entitled to Entitled to the cost of preparing agricultural and non- agricultural land regardless of (certificate of occupancy/right alternative land of the same the land to levels similar or agricultural land impact severity of occupancy) or without value as the one being better to those of the affected formal legal right to land but displaced land, plus the cost of any have recognizable claim to land registration and transfer taxes recognized under the prevailing Where alternative land is not Notice to harvest standing local land tenure feasible or PAP prefers cash for seasonal crops. If notice cannot land, the PAP will be paid be given, compensation for loss compensation for the land at of crops will be provided full replacement cost (including compensation for the value of improvements on the land, lost assets, losses incurred under lease arrangement and any assets lost as indicated in this entitlement matrix) Tenants/sharecroppers Tenants: Reimbursement of PAPs will not be entitled to rental deposit or unexpired alternative land or lease - such amount will be compensation for land but shall deducted from the be entitled to compensation for compensation of land owners. investments (structures, crops, Assist tenant or leaseholders to economic trees) in the land find alternative land Cash compensation shall be ALL: compensation for provided for temporary loss of improvements, crops, assets, income as well as other resettlement assistance assistance, such as income 23 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation generating support, transition allowance, etc. No compensation for the land Same as tenants Squatters but will receive compensation for assets and structures and resettlement assistance to restore pre-resettlement conditions (including some land where appropriate Temporary loss of agricultural PAPs temporarily losing Rights holders Lease payments at market Signed contract for cash or other livelihood supporting agricultural land (no dwellings) value compensation and return of land to project activities land in agreed conditions Communal properties/grazing Restriction/Loss of grazing Squatters Replacement or restoration of Assistance to create grazing land grounds the affected community reserve elsewhere in facilities 60 days advance consultation with PAPs notice regarding construction Cash compensation for activities, including duration temporary loss of income. and type of disruption Restoration of access/provision of alternative access to common facilities/resources. Communities to benefit from a livelihood restoration program Buildings/Structures and Sacred altars 24 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation Destruction of permanent PAPs permanently losing Recognized/formal owner of Compensation at full In addition to the compensation immovable structures such as houses affected structure irrespective replacement value/cost for amount for the affected land, Residential/commercial of land ownership status affected land, structure and facilities, their buildings, public buildings and bindings/structures, sacred PAPs will be provided with shops altars and associated facilities assistance covering: i) six- month income loss, ii) transition allowance, iii) provision for transportation costs, iv) provision for transaction costs. and, v) additional assistance or proportional deferential treatment for vulnerable group PAPs losing rental Tenants The PAP will be given one - accommodations and rental month grace period to vacate income the house/or the impact site and shall be given six-month rental allowance based on existing rental rate plus cost of moving to the alternative location and Disturbance assistance (10% of cost of rent) Assistance finding new accommodations if needed PAPS shall be allowed to take the salvage material if they wish and shall be assisted with means of transportation or cost of transportation Landlords Should be compensated or Should be compensated for lost structures income Public Assets Buildings and other associated Various governmental entities, Affected public, NGOs and Additional assistance if found 25 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation facilities community and NGOs community buildings and other to be necessary and justified facilities shall be compensated at full replacement value/cost of the affected properties. Where impact is reparable, the affected structure shall be repaired to at least previous condition or replaced – and the service possibly improved – in areas identified in consultation with affected communities and relevant authorities, in the impact location or relocation villages or other sites Non-residential structures PAPs losing non-residential Recognized/formal owner of Compensation in kind or in PAPS shall be allowed to take (barns, fences, etc) structures affected structure irrespective cash at full replacement cost for the salvage material if they of land ownership status lost structures, (in addition to wish and shall be assisted with compensation for loss of land). means of transportation or cost of transportation Tenants/lease holder PAPs shall be compensated for Resettlement assistance cost of improvements if they PAPS shall be allowed to take made improvements on the the salvage material if they rental property wish and shall be assisted with means of transportation or cost of transportation Squatters/Non-legalizable Squatters shall be compensated Squatters will receive users for cost of improvements if compensation at full they made improvements on replacement cost of all the rental property structures built by the non- legalizable user 26 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation Loss of Shrines and sacred Recognized owner/priest of Full replacement or relocation Provide with the cost of rituals structures affected shrine/interested HH cost of the sacred structure or actions agreed to with the or community priest/traditional leader or PAP to appease/comfort Loss of Community Infrastructure/Common Property Resources Loss of common property Community/Public Assets Community/Government Compensation for the affected Reconstruction of the lost and/or resources asset or structure at full structure or in-kind replacement cost compensation in consultation with community Business and livelihood from crops and economic trees and employment Business, income losses and Income loss All PAPs regardless of legal Compensation at full In addition to the compensation livelihood restoration status replacement value/cost for amount for the affected entitlements structures and associated structure and facilities, PAPS facilities will be provided with assistance covering: i) six- month income loss, ii) transition allowance, iii) provision for transportation costs, iv) provision for transaction costs. and, v) additional assistance to restore or establish alternative livelihood vi) deferential treatment if the PAP is in the category of vulnerable group Crops Standing crops affected or loss All PAPs regardless of legal When possible PAPs will be In addition to the of planned crop incomes status given enough time to harvest compensation amount for existing crops to avoid crops, affected structure and economic loss to them. Where facilities, PAPS will be 27 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation not feasible, cash compensation provided with assistance for crops at full market current covering: i) six-month income value in the locality will apply loss, ii) transition allowance, and will cover lost crops and iii) provision for lost harvests transportation costs, iv) Permanently or temporarily, provision for transaction harvesting of standing crops costs. and, v) additional will be permissible with no assistance or proportional deduction made from deferential treatment if the compensation payment, a once- PAP is in the category of off compensation/lump sum vulnerable group will be paid for the loss of the standing crops, including for fields and food gardens that have been cultivated but the seeds have not yet germinated. Compensation shall also be paid to PAPs for interruption in crops cycle, if planting is delayed by subproject activities Trees Trees affected All PAPs regardless of legal Cash compensation at market In addition to the compensation status rate of estimated amount for the affected annual/seasonal yields/harvest structure facilities and trees, of the tree multiply by the PAPS will be provided with number of seasons it will take assistance covering: i) six- for a nursery to mature month income loss, ii) yielding; plus, the cost of transition allowance, iii) planting and nurturing provision for transportation replacement trees (seedlings, costs, iv) provision for inputs and labor) transaction costs. and, v) The compensation and additional assistance or entitlement shall be based on proportional deferential the present age, productive life treatment if the PAP is in the and the current market value of category of vulnerable group. timber or other tree products, PAPs will also receive the 28 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation plus any transaction costs. necessary inputs (include Additionally, PAPs will be labor or a corresponding provided with three (3) allowance) to replace the replacement saplings per tree, trees including seedlings in addition to compensation for based on the survival rates production losses as defined for young trees of the species above. being replaced. Employment disruption /lost Loss of work due to land take, Employees of relocated farms Compensation for lost wages (6 Assistance finding employment wages land use change or loss of and businesses, not living on months or time needed to re- Livelihood restoration to re- access premises establish livelihood) establish HH income streams Allowances/Additional Assistances All PAPs Transport/transition costs All PAPs to be physically Provision of allowance relocated covering transport expenses and a livelihood expenses for the transitional period for 3 months equal to 3 months of minimum national wage subsistence income. All PAPs Transaction Cost All PAPs incurring Transaction cost including any transactional cost income taxes or VAT and registration fees or retitling fees will be paid to PAPs, where applicable. Vulnerable People Allowances Vulnerable People Allowances Persons below poverty line, PAPs under vulnerable people single mother headed category shall be assisted with household, disabled or elderly, allowance equivalent to 6 etc. as previously defined in months of minimum national this RPF wage as well as assistance for income losses (rental, businesses, agricultural 29 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation produces) and shall be given relevant differential treatments as it may be appropriate if he/she falls within vulnerable people categories and to any livelihood restoration assistance Temporary use of land Temporary use of land during Lease of land for project All PAPs Temporary land use or lease by In addition to the compensation construction purposes (e.g. camps, the project shall be amount for the lease and storage) compensated as follow: affected structure and facilities, Compensation equivalent to the PAPS will be provided with net average income/value of assistance covering: i) six- agricultural production that month income loss, ii) would have been obtained from transition allowance, iii) the land during the period of provision for transportation temporary acquisition. costs, iv) provision for Restoration of the land to its transaction costs. and, v) original productive use or full additional assistance or compensation for the cost of proportional deferential restoration. treatment if the PAP is in the Compensation for other category of vulnerable group disturbances and damages caused to property. The holders of land occupied temporarily and exclusively by LEC/DoE or their contractors will be compensated according to the same principles as people whose land is permanently acquired by the Project, for the required duration of the exclusive occupation. Where 30 | P a g e Entitlement Type of Loss Application Eligibility Criteria Compensation private land is required by the Project for a period of less than three months, the holder of the affected land rights will be compensated in the form of a lump sum payment. The land will, as far as reasonably possible, be fully restored to its original condition before it is returned to the holder/authorities Compensation equivalent Civil works Contractor will lease land required temporarily during construction Lease rates to be paid should be at current market rates, plus compensation for any loss of crops or trees at gross value of 2 years’ harvest of crops on the affected lands and any removed or damaged assets or improvements. It is also required that lands (or other assets) be fully cleared and restored following use 31 | P a g e 6.2 Unit of Entitlement A definition of the unit of entitlement is required. Examples include: • For compensation against the loss of arable and residential land (the unit of entitlement is the landholder and those with usufruct rights); • For resettlement assistance against the loss of arable and residential land the unit of entitlement is the affected Household; • For privately-held assets and resources – the unit of entitlement is the owner(s); • For loss of employment – the unit of entitlement is the individual directly affected; • For livelihood restoration assistance – the unit of entitlement is a household and its members (it can also be an individual or a group or community). For example, where household subsistence and survival strategies may be disrupted through the loss of land or the relocation of business enterprises, loss of access to resources, etc., rehabilitation measures will be extended to the affected person and to adult household member or members including the household head to support the restoration and diversification of household income streams and livelihoods. • For loss of communal assets (pastureland, medicinal plants, thatching grass, trees, river sand, hand pump, wells, churches, mosques and town halls, etc.) and impeded/constrained access – unit of entitlement is the affected community represented by local authorities and by representatives of the directly affected households. • For affected gravesites – the unit of entitlement is the affected household/family or community. The unit of entitlement for other losses will vary depending on the category of affected individual/group. 6.3 Cut-Off Date to Entitlements It is necessary to publicly declare a cut-off date to determine eligibility and thus entitlements to resettlement compensation and assistance for each PAP. A public notice of the date of the census cut-off-date shall be displayed and communicated directly to local authorities and interested parties. The PIU in collaboration with local authorities shall put in place measures to limit influx/encroachment into project areas. Compensation cannot be claimed for new occupancy after the cut-off date, new unauthorized structures constructed after the assessment procedure or new improvements made to structures of other investments on the land after the cut-off date has been publicized. The onus will be on a person who is not recorded in the verification studies to prove that s/he qualifies for project entitlements. However, if sub-project implementation is delayed by two years or more from the census cut-off-date, necessary updates to the census, socio-economic studies and accommodations to compensate for temporary use restrictions will be needed and should be agreed with local authorities and the affected groups/persons. 32 | P a g e CHAPTER SEVEN: STANDARD AND LEGAL FRAMEWORK ANALYSIS 7.1 Liberia Legal Framework The Liberian Constitution and several statutes have been enacted to govern the rights of individuals to land and properties. The Constitution provides that an individual or group title to land can be expropriated for national or security purposes. However, there is no statute that clearly defines the manner by which said individual or group can be compensated or resettled. Further, most of the statutes concerning the subject matter were enacted many years ago and some issues therein do not meet present day reality. 7.1.2. The Land Tenure Legislations of Liberia Applicable Liberian laws with relevance to Land Tenure ownership, compensation and resettlement is the following: • The Constitution of the Republic of Liberia, 1986 • The Land Act, 1905 • The Land Acquisition Act of 1929 • The Land Rights Law of 2018 • The Revised Laws and Administrative Regulations for Governing the Hinterland, 1949 • The County Act of 1969 7.1.3 The Liberian Constitution (1986) Article 22 (a) of the Constitution vests in all individuals the right to own property either on individual basis or in conjunction with other individuals, if they are Liberian citizens. However, Article 22 (b) gives the right to noncitizen missionary, educational or other benevolent institutions to own property as long as the property is used for the purposes for which it was acquired. The right to own property however does not extend to mineral resources on, or beneath the land. Article 24 states that, “expropriation may be authorized for national security issues or where the public health and safety are endangered, or for any other public purposes, provided.� For the expropriation to be successful the following issues need to be addressed: • That reasons for such expropriation are given; • Prompt payment of just compensation; • That such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and • That when property taken for public use ceases to be used for the intended purpose, republic shall accord the former owner, the right of first refusal to reacquire the property. 7.1.4. County Act of 1969 The Act first instituted official distribution and demarcation of land boundaries in Liberia. Heretofore, counties were created through political means. For example, the three oldest counties in Liberia— Montserrado, Sinoe, and Maryland—were all products of political consideration. Liberia Land Authority (LLA) 33 | P a g e The Liberia Land Authority (LLA) was established with the passing of the LLA Act by the Legislature in October 2016. The LLA has the legal mandate for land administration in Liberia. The LLA will subsume the Department of Lands, Surveys and Cartography (DLSC) under the Ministry of Mines and Energy, the Deeds Registry currently within the Center for National Documents and Records Agency (CNDRA), and relevant functions from the Ministry of Internal Affairs (e.g., County Land Commissioners). The LLA’s main activities will focus on. a) land policy and planning, b) provision of land survey, registration and mapping services, c) provision of land valuation services, d) creation of a national Land Information System, e) alternative land dispute resolution services, f) coordination of access to government and public land for investment and conservation projects, g) promotion of land use planning and zoning by local governments, and h) demarcation and titling of the customary land rights of local communities. 7.1.5 Methods of Acquiring Land The Liberian Government uses four ways to acquire land: i. Mutual Agreement-This is where two or more parties having claim to a land mutually agreed to be used for a particular purpose; ii. Eminent Domain- This occurs when government makes a decision to forcibly take a private land for development purpose in the sole interest of the state and provide just compensation to the land owner; iii. Donation- As the name denotes, this is when a private land is voluntarily given to government or an individual for use without money changing hands; iv. Reversion- When a land is bought wrongly and aggrieved party go to court and get power to own back such land. The following Liberian Laws and land acquisition procedures comprise the legal framework: 7.1.6 Land Rights Act (2018) The Land Rights Act of 2018, among other things, defines land ownership and other rights, eligibility to own land or rights in land, the nature of land ownership, and different types of customary lands in Liberia. It defines four categories of land ownership in Liberia including Public Land, Government Land, Customary Land and Private Land. It also prescribes the means by which each of the categories of land may be acquired, used, transferred and otherwise managed. According the Act, private land may be acquired through purchase, donation, intestacy, gift, will or adverse possession21; provided that in all cases a valid acquisition of a private land may be only by persons qualified to hold private land in keeping with Article (15) of this Act. Article 15 states that “Private Land may be acquired, held or owned by a) Natural persons who are citizens of Liberia; b) Sole proprietorships and 21 A person acquires ownership of Private Land by Adverse Possession where (i) he or she occupies the said piece of Private Land under an asserted claim of right but without valid title where the use and occupancy is open, exclusive, notorious, continuous period and hostile to the rights of the Owner(s) for a period of fifteen (15) or more years without any legal objections from the Owner(s); or (ii) where he or she occupies the said piece of Private Land under an alleged color of title, which is not recognized by the Owner(s) and remains in open, notorious, continuous possession of the aforesaid Private Land for a period of fifteen (15) or more years without any legal objections from the Owner(s). “Claim of right means any asserted ownership of Private Land whether supported by a document of title or not, while a “color of title� means any claim of ownership of Private Land founded on a written instrument such as a deed, a will or a judgment that is for some reason defective or invalid. 34 | P a g e partnerships owned entirely by Liberian citizens; c) corporations owned entirely by Liberian Citizens; and d) missionary, educational or other benevolent institutions�. The acquisition of Private Land by purchase may be done through privately negotiated sale or at public sale done by auction. However, the Act provides that a purchase from a private land owner shall not be valid and enforceable, unless: a) the Deed was executed by the legitimate owner (s); b) notice of the sale was published in a local newspaper and posted in conspicuous places in the community where the Land is located; c) the buyer obtains and retains documentary confirmation of the seller’s ownership of the subject land; d) the Seller produces, and the Buyer obtains and retains, documentary confirmation of the seller's payment of all taxes due on the land or the seller and buyer agree in writing that the buyer shall be responsible for the payment of all taxes due as of the date of the sale; and e) the transfer deed from the Seller to the buyer is duly probated and registered in keeping with law. The Act also provides that a defined portion of a Customary land as a residential area may be acquired by a community member as private land, provided that no community member is deprived of a residential area. 7.1.7 Zoning Act 1957-1958 of Liberia The Zoning Law prescribes designated sites for construction of specific structure. Construction of unauthorized structures is violation under this statute. Section 102 of the Law requires that Zoning Permit be obtained prior to construction of any structure. However, section 72 of the same statute also provide that a Temporary Permit could be obtained from the Zoning Council for a period not more than one year, to construct a non-conforming structure. 7.1.8 The Real Property Law No. PR-LRC-VII-20-09-2020-1 provides interpretations for section 201(b) and section 204(b) 2 of the Revenue Code. Section 1.3.1 Method for determining assessed value of real property: “stipulates that each parcel of land so subject to assessment and taxation shall be inspected and its assessed value determined on the basis of its market value as at the date of inspection. Such assessed value shall be carried on the real property assessment record books by the Minister (now commissioner General) for a period of 5 years from the date such valuation becomes operative in accordance with subsequent rules. 7.1.9 Under the Real Property Laws of Liberia, the only instrument of Title is the Deed. Squatter Right does not cover Title. Squatter Right may be a city ordinance oriented and it is not a law. Squatter’s Right is only intended as a temporary arrangement for accommodation and no t a Title. The Government of Liberia granted land to setters and aborigines based upon the doctrine of preemption, the measure in which prior occupancy accompanied by improvement gives superiority in ownership to land. Preemption has been abolished with the growth of population and now public land must be purchased from the Government in order to have Title. Worth noting in passing is the fact that in 1948, the William V.S. Tubman Administration demarcated public land in the then Hinterland among the tribal settlers by districts, clans, and towns, and made the tribal settlers, trustees of the public land of their respective locales. This makes the acquisition of public land in the Hinterland, now county areas, easier by tribal land certificate from the tribal authority. 7.1.10 Liberian Freedom of Information Act of (2010) Freedom of Information Act Section 1.4 (b, c and d) states as follows: 35 | P a g e a) Everyone has a right of access to information generated, received and/or held by public bodies, subject only to such limitations as are necessary and narrowly established for reasons of an equally or more compelling public interest; b) The right of access to information includes both (1) a right to request and receive information, and (2) an obligation on the part of public bodies and officials to disseminate essential information that the public would generally want to know, including their core functions and key activities; c) The right of access to information applies to private entities that receive public resources and benefits, engage in public functions, and/or provide public services, particularly in respect of information relating to the public resources, benefits, functions or services. 7.2 World Bank Environmental and Social Standard 5 (ESS5) If the negative impacts are not mitigated properly, Project Affected Persons (PAPs) will face difficult economic, social, and environmental risks. Thus, ESS5 suggests to avoid, if could not be avoided then minimize the acquisition and those risks and adverse impacts on PAPs and their livelihoods. The impacts must be mitigated or managed in the way that improve the condition of PAPs from their pre-project condition and if not improved, then at least restore it to the level of their pre-conditions. The Bank requires the Government of Liberia (GoL) through the NaFAA to comply with the ESS5 provisions when carrying out sub component 2.1 activities entailing involuntary land acquisition and land restriction. Hence, this Resettlement Policy Framework (RPF) is to be applied during Project preparation and implementation phases. Furthermore, the Bank requires that where there are gaps between the legal frameworks of Liberia and that of the ESS5, the GoL will take supplementary measures to ensure that the project complies with the standards set in EES5. 7.3 Gaps Analysis The table below provides a summary of comparison between ESS5 requirements and the Liberian legal framework, highlighting key differences and advances measures to bridge these gaps. Table 6: Comparison of Liberian Regulations with ESS5 Topic Liberian World Bank ESS 5 Gaps Measures for Gap filling Regulations Land acquisition ESS5 provides Land Rights Acts, Bank Standards – procedure guidelines on how 2018 does not specifically ESS5, will be Liberian law has to acquire land for require the followed to bridge this provision on how public interest preparation of a gap and the national private land is project such as comprehensive guidelines will also be acquired for public preparing a Resettlement applied where applicable interests which comprehensive Action Plan include providing: Resettlement (RAP) but does “private property Action Plan (RAP) include owners with consultation with reasons for affected persons expropriation� prior to acquisition of land Timing of Prompt payment of Prompt Liberian Law does Payment for land compensation just compensation compensation not specify when acquisition will be made 36 | P a g e payment payment prior to the “prompt prior to commencement commencing payment� should of any civil works, in construction or be made keeping with Bank before acquiring guidelines land and assets Calculation Article 24 (a) 1: Full replacement Liberian Law does Full replacement cost compensation provision is made cost: a method not specify the method should be for prompt payment used to determine costing method to provided of just the amount be used compensation (the sufficient to As prescribed by ESS5, provision does not replace lost assets full replacement cost is a make clear, and cover measure of the amount however, whether transaction costs sufficient to replace lost full replacement assets and cover cost will be used to transaction costs compensate PAPs) Squatter In Liberia law Under ESS5, Liberian Law does The issue of squatters “Squatter Right squatters are to be not guarantee shall be carefully does not cover provided informal residents addressed in the Title. Squatter resettlement title, right to ARAP/RAP and informal Right may be a city assistance (but no compensation or residents provided with ordinance oriented compensation for payment for their resettlement assistance and it is not a law. land) investments in the and payment for Squatter’s Right is land investments made in the only intended as a land, but they shall not be temporary compensated for the land arrangement for itself accommodation and a Title Resettlement There is no The preparation In the absence of RAPs will be prepared Liberian law of a resettlement Liberian laws to mandating project plan cleared by address proponent to the Bank prior to involuntary develop the resettlement as resettlement action implementation of required by ESS5, plan the resettlement Bank requirements activities is shall prevail required Resettlement No provision in Affected people are No provision in Absent such provisions, assistance Liberian Laws to be offered Liberian Laws for ESS5 on resettlement support after resettlement assistance to PAPs shall displacement, for a assistance be applied transition period Vulnerable No provision in Particular attention No provisions in In the absence of a legal groups Liberian Laws to be paid to Liberia Law provisions in Liberian vulnerable groups, Law to support especially those vulnerable persons, ESS5 below the poverty shall be applied line, the landless, the elderly, women The NaFAA shall pay and children, keen attention to indigenous peoples, vulnerable people in ethnic minorities impact corridors Information and Chapter 3 Article Stakeholders Do not have The Bank’s ESS10 and 37 | P a g e Consultation 17 of the Liberian Consultation and cleared procedures, ESS5 will be applied for Constitution (1986) Engagement (ESS- such as the FPIC, consulting and provides the right 10); Fee Prior for the consultation engagement project to assemble and Informed Consent and engagement stakeholders consult upon the (FPIC) Procedures process common good Displaced persons Section 1.4 (b, c, and their and d) of the communities (…) Freedom of are provided timely Information Act of and relevant Liberia states the information, principles which consulted on shall govern the resettlement construction, options, and exercise, and offered protection of the opportunities to right of access to participate in information planning, implementing, and monitoring resettlement Grievances Chapter 3 Article Appropriate and Liberian Law does The Bank’s guidelines 17 of the accessible not require will be applied and a Constitution of grievance feedback and Grievance Redress Liberia provides mechanisms to be Grievance Redress Mechanism will be venue for established Mechanisms for prepared prior to the grievances projects project implementation While preparing and implementing subsequent RAP, if any, the GoL will be required to fully comply and implement each gap filling measure stated in the above table, where it is applicable. Furthermore, the Bank requires that where there are gaps between the legal frameworks of Liberia and that of the ESS5, the GoL will take supplementary measures to ensure that the project complies with the standards set in EES5. 7.3.1 Squatter Rights Liberia does not have legal provision to protect squatters or informal occupants of land. Investments in land by informal settlements are not protected by law or administrative policy.22 In the absence of provisions for squatters in Liberian Law, ESS5 shall prevail. The issue of squatters will be clearly considered in the ARAP/RAP. Squatters will be provided resettlement assistance and shall be compensated for structures and other investments on the land they occupy but not compensated for the land itself. 7.3.2 Vulnerable groups On the other hand, ESS5 specifically calls for paying special attention to the needs of vulnerable groups amongst those displaced, especially those below the poverty line, the landless, the elderly, women and children, ethnic minorities, or other displaced persons who may not be protected through national compensation legislation. 22 Focus on Land in Africa; Brief: on Liberia Using Land Policy to improve life for the Urban Poor; Bruce and Kanneh (2011) Page 4 38 | P a g e 7.3.3 General Observations As shown in table 3 and discussed in the gap analysis section, it is clear that there are gaps between the ESS5 requirements and existing Liberian Legislation. Considering the above-mentioned differences, World Bank policy shall complement the existing Liberian legislations relating to: a) the economic rehabilitation of all affected persons and families (AP/AF), including those who do not have legal/formal rights to land acquired by LSMFP; b) the provision of assistance for loss of business and income; c) the provision of special allowances covering PAP expenses during the resettlement process or covering the special needs of severely affected or vulnerable PAPs. Should land acquisition, land restriction, temporary or permanent income loss be inevitable, or other impacts occur that could trigger the application of ESS5, a Resettlement Action Plan (RAP) will be developed, in compliance with policies and procedures set out in this RPF, the ESS5 and Liberian Legislation shall be responsible for developing the RAP, if required, as well as its implementation. No construction can start before completing resettlement and compensation assistance. All compensation resettlement assistance measures should be completed prior to start-up of construction activities. This shall include the following: 1. Structural demolition that would cause physical relocation of households or businesses shall be avoided or minimized as much as possible; 2. Without any regard to land registration and ownership, PAPs shall receive compensation or appropriate supports in accordance with ESS5 and applicable Liberian legislation; a) PAPs shall be informed about their rights, options, and alternatives; b) PAPs shall be consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; c) PAPs shall be offered effective compensation at full replacement cost for losses of assets; d) PAPs shall be offered additional support in case impact is considered to be severe, to support their livelihood during the transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; e) In all cases, special attention shall be paid to the needs of the vulnerable groups of PAPs, including children, women, the elderly and those with disabilities. A fair and accessible Grievance Redress Mechanism (GRM) will be developed and be operational in impact corridors at affected community/ project level, district, county and NaFAA levels. 39 | P a g e CHAPTER EIGHT: VALUATION METHODS 8.1 Objective of Valuation The Division of Real Estate within the Liberia Revenue Authority (LRA) is the governmental agency tasked with assessing compensation for real estate properties based on the Real Estate Valuation Guideline. The guideline distinguishes real properties based on residential, commercial, commercial- residential, and industrial categories. It further defines real properties based on the size, basic condition, and materials used for construction. Valuation Principles The objective of the asset valuation exercise is to determine the current market value of the asset to be impacted plus transaction costs, so that the amount for compensation will be equal to that which can adequately enable the affected persons to replace the asset at the current full replacement cost. "Replacement cost"23 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 considered. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law shall be supplemented by ESS5 provisions as necessary to meet the replacement cost standard. 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 should be made to establish access to equivalent and culturally acceptable resources and earning opportunities. Furthermore, if the impact to a structure is 20% or more, compensation and resettlement assistance are provided as if the entire asset had been taken. The alternative assets are provided with adequate tenure arrangements. However, if the loss is less than 20% then compensation is paid for the repair of the affected structure). The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided shall be cover by the RAP. Valuation of assets to be affected by the implementation of sub component 2.1 subproject activities will be assessed using the general principle of full replacement cost to be followed in the formulation of the compensation valuation. The valuation method shall follow the ESS5 requirements that lost income and asset will be valued at their full replacement cost (including any transition expenses and transaction costs) such that the PAPs should not be worse-off in comparison to his/her situation prior to the project or prior to resettlement, and all efforts shall be made to ensure that PAPs are better-off than the pre-project level of standard of living. Compensation and resettlement assistance to be paid/provided to PAPs will be calculated based on full replacement cost principles and the valuation method shall be: i) certified by independent certified value, ii) based on updated properties value rates24 reflecting the current full replacement cost of the affected property 23 "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. 24 The GoL has introduced new properties value rate in 2018 and the valuers need to confirm if that rate is still valid and represents the current market value of properties. 40 | P a g e and, iii) compatible with international good practices and valuation principles. The calculations will be based on market rates. Each category of the asset shall have its own methods of valuation, and the exercise of valuation shall be based on appropriately established property value rates by relevant experts. Valuations will be certified by an independent evaluator hired by PIU. The unit compensation rates will be assessed by the team of valuators based on clear and transparent methodologies. 8.2 General Land and Assets Valuation Valuations of assets under each of sub-project to be undertaken by sub component 2.1 will be carried out in accordance with ESS5 requirement and the relevant Liberian legal provision, allowing for negotiations with affected property owners. Sub component 2.1 of the LSMFP project is likely to affect the following types of assets: a) Physical assets such as buildings, land and other structures. This category covers valuation of land, buildings and related structures such as houses, toilets, kitchens, and bathrooms, temporary structures made of wood and metal and animal enclosures. The PIU or its Agent will calculate compensation amounts based on prevailing construction cost estimates for a given area. Construction costs estimates will be prepared by qualified quantity surveyors based on market data. Compensation will be paid based on these replacements cost estimates. b) Agriculture produces such as crops fruit trees, plantation crops, flowers. The valuation of people’s crops and trees at market prices will be undertaken by a team of relevant professional experts at Counties level. Additional expertise may come from Ministry of Agriculture (MoA). The project will adhere to the ESS5 requirement of fair market value for all assets that “cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets�. The PIU will work with MoA and Liberia Revenue Authority (LRA) to ensure that compensation rates for land and assets acquisition are in conformity with the ESS5. The valuation of assets will be based on a compensation policy developed for the LSMFP project taking into account the experiences of on-going World Bank funded projects and approved by the Bank. These will be updated to include compounded inflation and other potential contingencies and any elements needed to conform to the principle of full replacement cost. a) For agricultural land, the PIU will establish compensation rates, based on specialised studies involving key stakeholders such as local authorities, representatives from potentially and currently affected communities and existing private land assessors/valuers. Such a study should ensure that such rates accord with the ESS5 requirement and provide for full replacement cost for land with similar locational advantages and productive potential. b) In rural areas, valuation of lost assets will be made at their full replacement cost (equivalent reinstatement). The valuation process will be informed based on the precedent of evaluation and assessment of all lost assets directly or indirectly affected by the project influence. c) To ensure fair compensation, determination of compensation rates for individual entitlements will be done not more than six months prior to property acquisition. Rates for compensation items and allowances will be adjusted monthly for price escalation, using the Consumer Price Index (CPI). d) Individual and household compensation will be made in cash, in kind, and/or through assistance. The type of compensation will be an individual choice although every effort will be made to instil the importance and preference of accepting in-kind compensation if the loss amounts to more than 20% of the total loss of subsistence assets. 8.2.1 Valuation Principles Valuation of land and assets shall consider the following: 41 | P a g e • Applicable current market prices • Loss of future income or value • Applicable current local rates for land values obtained the from LRA, if available, up to date and relevant to replacement objective or more advantageous to PAPs • Applicable current rates for valuing structures, crops, and trees from local municipalities, MoA and LRA, if available, up to date and relevant to replacement objective or more advantageous to PAPs The calculation of unit value will be done keeping in consideration the current market rate to meet with the replacement cost of the land and lost assets etc. The approach of the valuer will consider the assessment for each type of land and assets by location. The valuation shall be carried out only when detailed designs are available for the respective sub-projects. This team of valuers will undertake site visits for physical verification of each category of the losses. The valuers will also consider the reference of previous valuation, if available, and use latest release of market survey. Kindly see annex for baseline or current valuation rates. 8.3 Methods for Valuating Affected Assets Based on this methodology the unit rate will be determined. The methodology for assessing unit compensation values of different items is as follows: Structures: Value of residential dwellings, commercial structures, and other affected structures (such as barns, fences, and outdoor cooking facilities) will be valued at replacement value based on construction type, cost of materials, labor, transport and other construction costs. No deduction for depreciation and transaction costs will be applied. For the partial impact (if the loss is less than 20%, then compensation is paid for the repair of the affected structure). Valuation of replacement dwellings shall include the cost of sanitation facilities. Valuation also shall include the cost of access to water supply and other services (such as electricity, sanitation) if the displaced structure had access or if the replacement location does not provide access. Estimated costs shall be sought from PAPs and other local residents and from contractors and suppliers in the affected areas. These estimates do not include the cost of land. Incomplete dwelling units or units that have collapsed and are not in use shall be valued based on replacement cost of materials. Monetary compensation only, not in-kind replacement, shall be offered for such units. Houses: The team of valuers will determine market value for assets. Replacement cost will be identified considering market valuation as well as cost of materials, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs. Land: Market value + transaction costs, including any income taxes or VAT and registration fees. Agricultural Land will be valued at replacement rates according to two different methodologies depending on whether in affected areas active land markets exist or not. a) Where active land markets exist land will be compensated at replacement rate based on a survey of land sales in the year before the impact survey. b) Where active land markets do not exist land will be compensated based on the reproduction cost of a plot with equal features, access and productivity to the plot lost. A clear valuation methodology for these cases will be detailed in the RAPs. For land in urban and peri-urban areas, valuation shall consider 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. Values are expected to vary by region/county and specific aspects of the land. Replacement cost of land will consider additional applicable transaction cost like registration with LRA. 42 | P a g e Annual Crops: • Crops: The PIU will contract an independent and impartial third-party specialist in agricultural land/crop values to identify market rates and value. • Trees: They will be valued based on the type of tree, its age and productive value. The PIU will engage the experts from the ministry of agriculture and forestry to establish a typical production amount with botanists and a unit value for the species existing in the area. Trees will be valued according to different methodologies depending whether the tree lost is a wood tree or a productive tree. i. Wood trees will be valued based on age category (a. seedling; b. medium growth and full growth) and timber value and volume according to market references. ii. Fruit/productive trees will be valued based on age (a. seedling; b. adult-not fruit bearing; and c. fruit bearing). Stage (a) and (b) trees will be compensated based on the value of the investment made; stage (c) trees will be compensated at net market value of 1-year income x number of years needed to grow a new fully productive tree. PAPs will also receive the necessary inputs (include labor or a corresponding allowance) to replace the trees including seedlings based on the survival rates for young trees of the species being replaced. Land valuation for easement: agreements shall use market value or net present value as explained above. Where easement agreements allow future use of land for cultivation of low crops, compensation shall consider rental fees for the use of properties temporarily affected. This compensation value is distinct from compensation for any trees or other crops that would be destroyed by initial use of an easement for construction. These crops would be compensated at full value. Compensation for easement agreements will address land value lost because of the temporary restriction of future uses during the construction phase of the project. To ensure fair compensation and sufficient time for PAPs to decide and make future plans, NaFAA/PIU will establish compensation rates for individual entitlements at least six months prior to land acquisition. Business: In a situation where the PAPs incurred losses of income from business, the compensation method should be the following: • Estimate the net monthly profit of the business, based on records if any, on operator’s statements, crosschecked by an assessment of visible stocks and activity, • Multiply this net monthly profit by 6 months during which the business is prevented from operating, • Allocate a disturbance allowance of 10% of total compensation. Where Liberia laws do not meet the standard of compensation at full replacement cost, compensation under Liberia law is supplemented by ESS5 to meet the replacement cost standard. In order to ensure payment of full replacement cost to PAPs for affected structures, the NaFAA will work with independent third party and Ministry of Finance and Development Planning (MFDP) and Ministry of Agriculture to harmonize and determine a standard price list. 8.3.1 Replacement value The calculation of replacement costs of land and structures will be based on (i) fair market value at the time of dispossession, (ii) transaction/legalization costs, other taxes and fees, (iii) transitional and restoration (land preparation and reconstruction) costs, and (v) other applicable payments. As part of the valuation process, the PIU will ask community councils and local authorities to identify replacement land that meets 43 | P a g e the qualitative requirements of lost land and is acceptable to resettled persons and host communities and to determine the costs for PAPs or the project to obtain the land. Where replacement land cannot be found locally, a value for monetary compensation shall be developed. Regardless of whether land is replaced in kind or with monetary compensation, valuation shall include the cost to prepare the land to a level similar to that of the affected land, plus the cost of land registration, including any applicable taxes. Valuation of structures shall consider size and construction materials used. In determining replacement cost or design of replacement structures, depreciation of the asset and the value of salvageable materials shall not be considered. 8.4 Valuation/Assessment Team NaFAA shall establish a valuation / assessment team for assessing and determining the value of assets and compensation amount to be paid to affected PAPs. The valuation team will comprise key MoA Engineers and Finance staff as well as the PIU Safeguard Specialist. While conducting the valuation exercise the team shall: • Obtain, from NaFAA, copies the census report on the affected corridor(s), • Assess the value of affected properties as and where necessary to ensure that the cash value placed on those properties is calculated based on full replacement cost; • Ensure that tree crops are physically counted to ensure correctness and that the current US$ rates provided Collect from each Project Affected Person (PAP) a proof of ownership such as land deed, tribal certificate, or attestation issued by the Court for his/her affected property along with two passport sized photos; • Fill in the RAP Verification Form containing the verification date, structure code, name of owner, sex, location of structure, total dimension (sq. ft), category, kind of structure, rate per sq. ft and total appraised value for each structure; the quantity and description will be applied if the affected property is tree crop and shall also include the applicable allowances and assistance benefits to each PAP; • Ensure that every member of the valuation team and the PAP signed in spaces provided on each RAP verification form as a proof to acknowledge the appraised values thereof; • Ensure that the PAPs’ vouchers comprising of the valuation form, two passport-sized photos, structure photo and proof of ownership from the local court are submitted to NaFAA/PIU’s Project Coordinator for final vetting; and • Upon approval by the PC, PAPs’ forms are then forwarded to the NaFAA Board for further action. 44 | P a g e CHAPTER NINE: INSTITUTIONAL ARRANGEMENTS AND COORDINATION 9.1 Institutional and Implementation Arrangements This chapter discusses institutional arrangements for preparing and coordinating RAP preparation and implementation as well as the organizational procedures for delivery of entitlements, including, line ministries, dependents, units, committees and the PIU. In order to ensure efficient resettlement activities preparation and implementation as well as compliance with the Bank’s ESS5 and the relevant Liberian legal provisions and policies, the following institutional and departmental arrangements shall be used to connect and mobilize resources and capabilities of all relevant organizations who will be involved in the preparation and implementation of the RAP associated with sub component 2.1 activities. 9.2 Project implantation Unit (PIU) The PIU, located at the NaFAA, will execute project activities and will have an overall Project Coordinator who will be responsible for overall coordination and oversight of the project and consolidation of the information related to project implementation. The PIU will be responsible for executing the project day-to- day activities (including subproject screening and RAP implementation). Figure 2: Implantation Diagram Senior Management Team (SMT) (Headed by the DG etc) Project implantation Unit (PIU) (Headed by the Project Coordinator Environmental & M&E Implementation Social Implementation (Headed by M&E Team Specialist) 9.3 Role and Responsibilities of the Safeguard team The Social Development Specialist, who will be on the staff of the PIU, will be part of and shall be embedded in the in the day-to-day implementation of the LSMFP. Under the overall supervision of the Projector Coordinator, he/she will be responsible for overseeing the overall preparation and implementation of E&S/social safeguard instruments as well as lead the broader social development works for the LSMFP’s respective Components. Major responsibilities to be performed by the Social Development Specialist include managing all social development aspects, including: (i) ensuring the highest standard of quality in 45 | P a g e social impact assessment and mitigation activities, including screening of subprojects in accordance with the ESMF and this RPF, (ii) engagement of all stakeholders, (iii) project disclosure and outreach, (iv) grievance management, (v) implementing resettlement and compensation and livelihood restoration plans and measures, and (vi) guiding consultants involved in resettlement studies or the preparation and implementation of RAP and ESMPs. Specific roles and responsibilities of the Social Safeguard/Social Specialist are: • Ensuring that LSMFP components are in full compliance with the objectives, principles, and requirements of ESS5, • Ensuring that sub-project design and site selection includes all of the necessary considerations and options to avoid and minimize land acquisition in sub-projects, • Where resettlement cannot be avoided, conducting a socioeconomic study of potential PAPs as well as census surveys to: a) identify Project Affected Persons (PAPs) in the affected area, b) establish characteristics and a typology of affected households, c) provide information on vulnerable groups and people, c) determine the magnitude of potential losses – partial or full, and d) establish communication systems to ensure two-way communication channels between PAPs and the LSMFP, and the carrying out of meaningful and effective consultations, • Ensuring that compensation and resettlement assistance cover all permanent and temporary physical and economic displacement resulting from land acquisition or restrictions on land use in connection with sub components 2.1 activities of the LSMFP, • Preparing, with the assistance of PIU engineers and consultants, Resettlement Action Plans (RAPs) and ensuring their clearance and disclosure, • Ensuring that funding for RAPs is made available and deposited in a special and separate account and tracking compensation and resettlement assistance payments, • Ensuring that prompt compensation and resettlement assistance payments to PAPs are made well ahead of the commencement of the related civil works, • Ensuring that all PAPs are fully compensated prior to the taking of land and assets and the start of any related civil works, • Monitoring and overseeing the performance Grievance Redress Committee (GRCs), • Working on the broader social issues, including ensuring that contractors’ workers are fully sensitized on HIV/AIDs and STDs, GBV/SEA, and in compliance with the signed Code of Conduct (CoC), • Prepare monthly and consolidated quarterly RAP implementation reports and social safeguards performance reports. 9.4 National level Institutional Arrangements 9.4.1 Ministry of Public Works (MPW) The MPW will approve all drawings for civil works and issue construction licenses to works contractors under the project. The MPW is responsible for infrastructure development (road, bridges, buildings, rail way etc.) and zoning regulation in Liberia. The near lack of zoning regulation is responsible for some of the critical environmental issues such as reclaiming of urban mangroves, unplanned settlements, urban flooding etc. Very few urban centers in the country are plan consistent with zoning regulations in the whole country. The Ministry of Public Works will be part of the screening and property valuation team. 46 | P a g e 9.4.2 Ministry of Finance and Development Planning (MFDP) The MFDP, housed the Project Fund Management Unit (PFMU), is responsible for fiduciary management of the Bank-supported projects. It leads the implementation of the national development programs and coordinates multilateral funding support to the GoL. The ministry is the principal authority on fiscal and development planning and executing agency of GoL development programs from the fiscal stand point. The MFDP will support the project in preparing a consolidated work plan and budget on an annual basis. These work plans and budgets will include the planned project expenditures for each component. NaFAA’s project management will be expected to coordinate and monitor the implementation progress against the work plan/budget. The PFMU will be part of the RAP pay team. The Ministry of Finance and Development will sign the Credit Agreement and oversee financial management services through its Project Financial Management Unit (PFMU). The MFDP will lead project negotiations between the Government of Liberia and the World Bank. 9.4.3 Ministry of Health (MOH) The MOH, through its department of Environmental and Occupational Health, will handle matters relating to water and sanitation. It will conduct sanitary inspections in the fishing communities that will be affected by the construction activities within the project sites. Health Centers at the County level have been working in close collaboration with NaFAA/PIU on aspects of vulnerable people who are affected by infrastructure projects. Further coordination and partnership with counties level healthcare facilities is an area the NaFAA would explore in order to advance the interest and well-being of vulnerable people who might be affected by the project. The MoH will be involved in the study of potential water contamination in the project proximity and support developing protocol for PAPs gathering, consultation and meeting from health perspectives and became crucial in the COVID-19 phase and later. 9.4.4 Ministry of Mines and Energy (MME) The Ministry of Lands, Mines and Energy will supervise the development and management of water resources and conduct scientific and technical investigations required for environmental assessments where applicable. The implementation of water and sanitation activities will be done through the Department of Mineral and Environmental Research. The Ministry’s mandate dictates that it must be involved in special projects on the evaluation of urban sanitation, particularly the provision of guidance for geotechnical investigation of solid wastes landfill disposal sites. 9.4.5 Environmental Protection Agency (EPA) The EPA is the main authority for the management of the environment, and mandated to coordinate, monitor, supervise, and consult with the relevant stakeholders on all activities in the protection of the environment and sustainable use of natural resources. The Agency promotes environmental awareness and implements the national environmental policy and the EMPL. The EPA oversees the implementation of international environment related conventions. The EPA will oversee all environmental impact assessments of the project to ensure basic compliance on all environmental protocols during project implementation. The EPA will issue environmental compliance certificates to construction contractors under the project. 9.4.6 Liberia Revenue Authority (LRA) For land and asset verification, the LRA will play critical role in verifying and confirming the value of project affected assets. Their continuous involvement to advance work related to land and property verification valuation exercise is vital. 47 | P a g e 9.4.7 Ministry of Agriculture (MOA) A relationship with the Ministry of Agriculture (MOA) will be cultivated. Staff of MOA will be part of the verification team, which they will assist in the crop valuation exercise. Involvement of agricultural extension officers at the local level will be sought to support PAPs whose livelihoods focus on agricultural products. In circumstances where farmers are substantially affected by the project, the agricultural extension officers will work closely with the NaFAA to assist and track progress of the affected farmers. 9.4.8 Ministry of Internal Affairs (MIA) The role of the Ministry of Internal Affairs (MIA) at the local level has been and will continue to be vital in advancing social safeguards work at the district and community levels. The relationship with local authorities has been very pleasant and their contribution will continue to enhance the NaFAA’s work. Furthermore, their guidance and involvement in conflict resolution and reaching amicable solutions will remain critical in the handling of compensation and resettlement related issues. Coordination and close partnership with MIA local authorities will thus be strengthened during the implementation of LSMFP. Details of the specific responsibilities of these different bodies will be discussed and finalized with the client (NaFAA). 9.4.9 Liberia Land Authority (LLA) The LLA subsumes land functions that were formerly performed by several Government agencies , including the key land administration agencies – the Department of Lands, Survey and Cartography of the former Ministry of Lands, Mines and Energy (MLME), now the Ministry of Mines and Energy, the Deeds and Titles Registry of the Center for National Documents Records Agency (CNDRA), and functions of County Land Commissioners from the Ministry of Internal Affairs. The LLA will assist in the settlement of land disputes and validation of land deeds and titles. As the one-stop shop for land matters in Liberia, the Act provides LLA with three key functions – land governance, land administration and land use and management. 9.5 RAP Entitlements Delivery and Resettlement Committee 95.1 Resettlement Committee A resettlement Committee, composed of the following stakeholders, shall be constituted: NaFAA Director General………………………..…. Chairperson LSMFP Project Coordinator………………………… Co-Chair Deputy Director General for Operation…………….. Members Procurement Specialist (PIU)……………………….. Members Safeguards Specialist (PIU)………………………… Member Two PAP community representatives………………… 1 man and 1 woman The committee will meet every three months. It will carry out the following: • Review resettlement progress and challenges, • Evaluate grievances from affected persons regarding resettlement issues, • Discuss any pending and emerging E&S/social safeguard issues, • Prepare and submit quarterly reports to the SMT and the Bank. 48 | P a g e 9.5.2RAP Entitlements Delivery The NaFAA and the MFDP/PFMU organizational procedures and systems shall be used for delivery of entitlements to PAPs. Initiating the process of compensation payment requests to PAPs shall be the responsibility of NaFAA. The following procedures are carried out during the verification process for the RAP: • The Team shall revalue the affected properties as and where necessary to ensure that the cash value placed on those properties are neither overstated nor understated and should reflect present day situation, • Collect from each Project Affected Person (PAP) a proof of ownership such as attestation issued by the Court, Magistrate, Town Chief, City Mayor for his/her affected property along with two passport- sized photos of the property owner, • Fill in the RAP Verification Form containing the verification date, structure code, name of owner, sex, location of structure, total dimension in square feet (sq. ft), category (fully affected - FA or partially affected - (PA), kind of structure, US$ rate per sq. ft and total appraised value for each structure and shall also include the applicable allowances and assistance benefits to each PAP, • Ensure that every member of the RAP verification team and the PAP sign in spaces provided on each RAP Verification Form as a proof to acknowledge the appraised values thereof, • The PAPs’ vouchers comprising of the RAP verification form, two passport-sized photos, structure photo and proof of ownership from the local court are submitted to the for final vetting, • Upon approval PAPs’ vouchers comprising of the RAP verification form, two passport-sized photos, structure photo and proof of ownership from the local court are then forwarded to the Finance Office (PFMU) for check-making, • Upon receipt of verification reports along with a list of verified PAPs forms, ’s FAM (PIU), shall approve the payment processing request, • Following the approval of the DG, the NaFAA shall make copies of al verified PAPs forms and shall submit compensation payment requests to PFMU/MFDP with appropriate justifications attached to each request. • The PFMU, upon verifying documents submitted by NaFAA, shall process compensate on payments, • The PFMU pay-team, in collaboration with NaFAA, shall distribute compensation checks to PAPs, • The team allowed the PAPs to register their names, cell phone number, date and signatures, • Payment Forms are prepared for each legitimate PAP.PAPs are finger-printed and photographed holding their checks. The following documentations shall be attached to each compensation payment request: i. Probated and registered land deed (where land or economic crops are to be compensated). Again, clearance from local authorities is required. ii. Village chief and elderly attestation. In circumstances where land ownership cannot be attested by district courts and probated land deed, the PAP shall present a clearance from the village chiefs and elders showing that he is the sole owner of that land. In the absence of court attestation and probated land deed, the attestation given by the village chief and elders to the PAP shall become proof of landownership for the PAP and shall serve the same purpose as that of district court attestation and probated land deed. 49 | P a g e iii. Passport-sized photographs of the PAPs shall be attached to the completed verification forms. 9.5.3 Compensation payment processing Processing compensation payment to PAPs shall be the responsibility of MFDP/PFMU. • Based on submission of verified list of PAPs accompanied by payment requests and the required documentation from the NaFAA, the PFMU shall proceed to write the compensation checks to PAPs, • If the PFMU is not fully satisfied with compensation payment requests, it shall return those requests to NaFAA within five days after receipts with reasons for not proceeding with processing of the compensation payment request(s), • The PFMU shall then requests the NaFAA to supply the needed documents, • The NaFAA shall make the necessary corrections within five days of receipt of the said communication from PFMU and resubmit the compensation payment request to PFMU for the processing of checks. 9.5.4 Entitlement Pay Team Carrying out door-to-door compensation payments to PAPs shall be the responsibility of the RAP pay team. The pay team shall comprise staff of the PFMU and the safeguards team of the NaFAA. The door-to-door compensation payment system has some risks. Some key risks factors include poor accounting for funds received and claims by some PAPs that they did not receive their payment. However, specific procedures have been put in place to mitigate these risks. When making door-to-door compensation payment to PAPs, the pay team shall follow the following procedures: Collect all checks and the required documents attached to the completed verification forms from the PFMU to use as a basis for identifying and paying affected structure owners, • Go from house to house to pay the verified PAPs in front their affected structures or farms, • Fill in payment form and have each legitimate PAP and members of the pay team sign in the spaces provided for their signatures, • Have each PAP’s finger-print on the payment form and photograph the PAP holding his/her compensation check in front of the affected property, • Send the signed payment forms or approved list of the PAPs paid to the Bank to enhance the encashment of their checks, • No third-party payment shall be allowed, • Return all checks for i) PAPs that fail to show up during compensation payment and ii) those that can’t be disbursed due to dispute; payment report should include a list of all undisbursed checks with their numbers and the PAPs in whose names the checks are issued, • Prepare and submit payment report to NaFAA and PFMU within three days after returning from the field. 9.6 Assessment of NaFAA Capacity NaFAA has qualified Environmental and Social Safeguards Specialists (one for Environment and one for Social) with appropriate qualifications and experience to supervise and monitor the risks and impacts in the LSMFP and implement the agreed mitigation measures. The E&S safeguard specialists of the PIU will also be part of the resettlement committee. NaFAA will need some capacity building support for developing, 50 | P a g e preparing, and implementing resettlement and the broader social development related tasks. To this end, this RPF allocates a lump sum amount of US$140,000.00. 51 | P a g e CHAPTER TEN: BUDGET AND IMPLEMENTATION LINKAGES TO CONSTRUCTION 10.1 RPF Implementation Budget Resettlement Action Plans (RAPs) and Abbreviated Resettlement Action Plans (ARAPs) shall include detailed budgets for compensation and other rehabilitation entitlements. They shall also include information on how funds will flow as well as compensation schedule. The Action plans shall also clearly state from where the sources of funds will come. As the Borrower, the Government of Liberia is currently negotiating with the Bank to fund compensation of PAPs for land acquisition from the Project Envelope. Resettlement activities in Liberia can be financed through several arrangements, namely: (1) government budget; (2) loans borrowed from the domestic market by governments; (3) loans borrowed from development partners; and (4) grants/credit. The indicative cost of RPF is estimated at one hundred and forty-three Thousand for LSMFP, the resettlement budget will be financed by GoL, through the Ministry of Finance and Development Planning. Table 7: Key budget items for this RPF No. Budget Item25 Amount (US$) 1. Subproject Screening Activities $18,000.00 2. GRM implementation including stakeholder’s consultation $20,000.00 3. Capacity building measures $30,000.00 4. Preparation of RAP/ARAP $ 20,000.00 5. Monitoring and Evaluation $10,000.00 TOTAL $143,000.00 10.2 RAP Implementation Linkage to Constructions under LSMFP NaFAA shall complete all RAP activities within 36 weeks’ time and prior to the start of construction in each impact corridor or no construction should start until RAP is fully implemented and confirmed by post compensation and resettlement assistance payments verification exercise (RAPs audit). If more time is needed to implement RAPs, the matter will be discussed with the task team and PAPs will be duly informed of the task team decision. Each eligible PAP will sign a verification/commitment form together with the verification/valuation team. The verification/commitment form, upon signature of all parties (the verification team and PAPs), shall constitute a mutual commitment as follow: • On LSMFP’s side: The NaFAA shall sign in the commitment form indicating its agreement to pay the agreed compensation and resettlement assistances, including all its components (resettlement package, in-kind compensation and cash compensation). Resettlement assistances in in-kind will take longer than the 15 days allocated for cash/check compensation. The time required for completing in-kind assistances shall be addressed on case-by-case basis; and this consideration shall 25 A separate budget for RAP/ARAP will be prepared when specific activities are identified. 52 | P a g e be reflected in the commitment form. • On the PAP’s side: Commitment to vacate the land once compensation is made for the affected assets/properties. The format of verification/commitment form shall be simple and easy for PAPs to understand. PAPs shall be required to move out of the affected structures four weeks after they have received their resettlement compensation payment. A written notice to that effect shall be given to PAPs during the compensation payment. If the resettlement exercise entails physical relocation of PAPs, the NaFAA will ensure that sites are selected during the resettlement planning phase, in consultation with the affected persons. If site is selected during RAP preparation phase, the NaFAA will take full responsibility for preparing relocation sites before the date of the actual move, verifying that each affected household to be relocated is willing to occupy its new house. If the affected households find features of the specific sites and house highly disadvantageous or culturally inappropriate, site improvements or reallocation of sites may be considered in consultation with affected persons. This process shall be completed before construction starts and no construction shall start unless this process is completed. The NaFAA shall ensure that PAPs whose livelihoods are land-based and who are losing more than 20% of their total productive agricultural land are to be given an option allowing them to acquire comparable replacement land. PAPs may, at their option, choose cash compensation and economic rehabilitation, instead of land replacement. The NaFAA in collaboration with the Liberia Land Authority will assist those PAPs who opted for land-for-land option to find appropriate agricultural land prior to the start of construction and no construction shall start unless this process is completed. A description of the project implementation process linking completion of resettlement activities to the commencement of construction is shown in Table 8 below. Table 8: Example of a RAP Implementation Schedule and Commencement of Construction W W W W W W W W W W W W W W W W # Activities26 Responsibility 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 Recruitment of NaFAA consultant 2 Complete census NaFAA 3 Conduct consultation NaFAA 4 Complete valuation NaFAA 5 Grievance redress 6 Share and agree RAP NaFAA /PAPs (including valuation 53 | P a g e results) with PAPs 7 Clearance of RAP by WB, NaFAA World Bank 8 Start entitlement NaFAA/PFMU/M delivery FDP 9 Complete NaFAA/PFMU/M compensation FDP payments 10 Grace period for PAPs/NaFAA PAPs to vacate structures 11 Post compensation NaFAA Payment verification exercise/RAP Audit 12 Handover site to NaFAA contractor 13 Start component Contractor & construction 14 Monitoring of the NaFAA/ WB RAP *W stands for week. As shown in the above RAP implementation schedule, the NaFAA shall complete the overall cash/check compensation payments exercise within a maximum period of 15 weeks. If more time is needed, the task team will examine the need for the additional time and the outcome shall be shared with PAPs. 54 | P a g e CHAPTER ELEVEN: GRIEVANCE REDRESS MECHANISMS 11.1 Grievance Redress Mechanisms Grievance here means any query, call for clarification, problems, concerns raised by individuals or groups related to activities undertaken or processes applied by the project. These, when addressed, are expected to ensure support, results and sustainability of project activities. The goal is to create an avenue to prevent and address potential adverse environmental and social impacts emanating from project activities. The objectives are the following: • To amicably resolve grievances raised by Aggrieved Parties (APs) during project implementation. • To ensure successful and timely completion of projects, without creating adverse environmental, social and health conditions on the community. 11.1.1 Scope of the Grievance Redress Mechanisms The Grievance Redress Mechanism (GRM) applies to all project activities to be financed by the project activities. It includes issues related to environmental, involuntary resettlement and social issues that come up during project implementation. The potential involuntary resettlement impacts of the LSMFP will inevitably give rise to grievances among the affected population over issues ranging from rates of compensation and eligibility criteria to the location of resettlement sites and the quality of services at those sites. Timely redress of such grievances is vital to the satisfactory implementation of land acquisition and to completion of the project on schedule. NaFAA/PIU will install a Grievance Redress Mechanism (GRM) that will allow project-affected persons who are not satisfied with compensation and/or resettlement packages or procedures to lodge a complaint or a claim without cost and with the assurance of a timely and satisfactory resolution of that complaint or claim. The aggrieved also reserves the right to go to the court of law of the country at their own cost. To facilitate this process, the GRM will be at three levels: community, Project level and national level. Even though the district level is likely to be the main recipient of complaints, provision has been made to spread access to the use of the mechanism to the community and the national level. Details are as follows: 11.2 The Grievance Redress Committee The following arrangements are outlined for the levels of grievance committees and the procedures to be followed. There shall be a grievance redress committee at the community, project and national levels as follows: 11.2.1 Community level The establishment of the Grievance Redress Management Committee takes into consideration community members, youth and women groups, community-based organizations, local authority, etc. In consultation with each project-affected community, members to the GMC will be nominated or selected and their services/work will be voluntary. For effective handling of grievances related to land acquisition and impacts from project -related activities, the grievance mechanism should be constituted before the census of affected properties and at the very least before disclosure of entitlements. Contractors should inform Workers of the Grievance Management Committee at the very latest before the commencement of works. Also, Grievance Management Committee should be established prior to the project intervention of the Fishing communities. The Community Grievance Management Committees (GMCs), will be the first level body responsible for managing all grievances and the process for resolution of grievances resulting from project activities in project communities. The FGRM is also designed to support decision making at the informal level as may 55 | P a g e needed and to operate independently but building on existing structures and serving as a resource for the formal level. The community’ expectations of the FGRM may include, but not limited to: A. Acknowledgment of receipt of complaints; B. An honest response to their questions/concerns about project and sub-project activities; C. An apology where necessary; D. Compensation where appropriate and in line with national policies and guidelines; E. Modification or alteration of the conduct that caused the grievances; F. Some other appropriate remedy; and G. Grievances prevention / reduction on any project under LSMFP. 11.2.2 Project-level Grievance Management The objective of the project level FGRM is to provide a systematic process by which aggrieved parties can be assured that a complaint or concern will be addressed and resolved within a reasonable timeframe and that the complainant will be informed of the ultimate outcome. The Project-level Grievance Management will serve as the second level for grievance resolution. It will offer a package of widely-understood and effective procedures for solving problems that are culturally appropriate, in combination with specially trained personnel. The intend of the Project-level Grievance Management is to help parties reach speedy, efficient, acceptable and amicable resolutions with dignity, justice, and finality. Contractor: The contractual responsibilities of a project contractor include: appointing a sociologist and a health and safety professional responsible for engaging with local communities and addressing grievances arising from the work of the contractor. In that perspective, the contractor’s sociologist works closely with the GMCs in agreeing to and implementing actions to resolve grievances under the guidance of the appropriate specialist or staff from the NaFAA/PIU appertaining to the nature of the compliant. The contractor will within 24hrs, notify the resident engineer and LSMFP’s grievance officer (Social Safeguard Specialist) immediately of any grievances that require investigation or intervention by the police or other relevant authorities. 11.2.3 National Level Grievance Redress Mechanisms At the national level, the overall management of the corporate FGRM rests within the office of the Director General, specifically with the Director of Environment and Social Affairs. The Head of Environmental and Social Affairs should maintain the Grievance inventory, generate quarterly reports and continually monitor and evaluate the functionality of grievances received at the national level and regularly report to DG regarding its functionality. Head of Legal Services: The head of legal services at NaFAA will provide legal guidance when and where appropriate regarding management and functionality of the FGRM at the national level. In instances where the matter cannot be received at the community, NaFAA/PIU and the national level, the compliant may proceed to seek judicial redress through court system. 11.3 Grievance Redress Procedure As part of the methodology, meaningful consultation would be conducted throughout the life cycle of every sub-project. Generally, affected people can lodge complaints at the community levels, if it is not resolved then approach the Project level where Project Coordinator, in consultation with the Local Government 56 | P a g e Authorities, receive and document for onward action. In order to streamline the process, the following structure is proposed: i. Community Level: Identified as the first level of grievance redress, complaints may be submitted to the chief/community leader of the community level representatives which will be recorded/filed and discussed at an agreed date for possible resolution within 7 days upon receipt of such complaints. The community representatives will meet at the community level- to discuss and address issues and complainant informed of outcome of resolution. ii. Project Level: If complaint is not resolved at the community level, then it is elevated to the level of the Project. At this level, it is recommended that a representative of an NGO/CBO working in the community and in good standing should be invited as an independent witness. Maximum time for resolution should not exceed 10 days. iii. iii National Level: If the issue is not resolved to the satisfaction of the complainant, he/she may elect to seek judicial remedy in keeping with Liberian Law. 57 | P a g e CHAPTER TWELVE: CONSULTATION 12.1 Consultation Consultations will aim to achieve the following objectives and shall be linked to the project’s Stakeholders Engagement Plan (SEP): • To provide information about the project and its potential impacts to those interested in or affected by the project, and solicit their opinion in that regard • To manage expectations and streamline misconceptions regarding the project • To agree on resettlement preferences, if any, and discuss concerns • To ensure participation and acceptance of the project by the communities Information obtained during consultations will be used to make an inventory of existing infrastructures and to collect information on land management, socio-economic activities, infrastructure, and expectations of the local residents. 12.2 Methodology for the preparation of the RPF The study for the preparation of the RPF was prepared by the LSMFP Safeguards team using the following approach and methodology: i. Desk review The preparation of RPF involved a review on the existing baseline information and literature material. Detailed review and analysis of the national relevant legislations and policies as well as World Bank Safeguards Policies and other relevant documents were done. ii. Field Visits The project team conducted visits to some potential project sites in Grand Bassa, Maryland, Grand Kru, and Margibi so as to familiarize with the issues on the ground and appreciate the possible environmental and social issues of concerning iii. Public consultations Various discussions and consultation meetings were held with Project beneficiaries and potential stakeholders as well as line ministries and agencies such as the Environmental Protection Agency of Liberia (EPAL), Liberia Land Authority (LLA), Ministry of Agriculture (MoA) etc. iv. Preparation of RPF The preparation of RPF for LSMFP consisted of: • Collection of baseline data on social-environment of the project areas; • Identification of potential positive and adverse environment and social impacts; • Identification of environment and social mitigation measures; • Preparation of screening procedures to be used while screening subproject activities; and • And formulation of environment and social management and monitoring plans. A team, consisting of the staff of NaFAA/PIU, will initiate a stakeholder mapping, consultation meeting process. The team will identify stakeholders, decide the time and venue for consultations, spread information about consultation, date and venue to ascertain maximum participation of stakeholders, disseminate 58 | P a g e information about the project, impacts, mitigation and management proposed and collect data for the consultations. Community opinion leaders will serve as key contacts to encourage meeting attendance. The consultations shall include several community forums, and shall be interactive, with questions from the communities and answers and explanations from the NaFAA Staff and PIU. The meeting shall include diverse stakeholders, including men, women, girls, boys, the elderly, people with disabilities, and other vulnerable groups. A list of the people consulted is to be included in the final version of this document. The minutes of the consultation meetings, photographs of the consultation meetings, attendance would be attached in the RAP and continuous consultations shall be conducted to keep informed the stakeholders and making the process transparent. 12.2.1 Community & Participatory Consultation The NaFAA/PIU will conduct consultations immediately after identification of project sites. These consultations are to be led by teams and integrated into the project awareness as a whole. The team expects to visit sites, meet with the chiefs, and interview local opinion leaders and community members and present the project plan in the local districts and address land acquisition processes, issues related to litigation on land in that district, assess. The impacts on public utilities to plan mitigation for public inconvenience. 12.2.2 Consultation with Stakeholders A consultation meeting shall be held with project- affected residents in the six targeted counties as per the SEP. The purpose of the consulting PAPs is to provide understanding and clarity as to how compensation would be carried out for structures and means of livelihoods that would be impacted by the project, due to the implementation of the sub component 2.1 civil works. PAPs will be informed on the following: • The extent of land requirement and impacts associated with it, • The full replacement values of their properties and methods used to arrive at full replacement cost, • Availability of cash option for PAPs who prefer cash compensation for their affected properties, • Availability of three months’ transition allowances for losses of: a) rental income (landlords), ii) business income, iii) rental shelter (renters), • Availability of special packages for three months’ transition period to vulnerable people, • Information on their right to be informed about their choices and their right to make free and informed choice as well as their right to accept or reject what is offered to them by GoL (project), • Availability of GRMs to file dispute and seek remedy when they are not satisfied with entitlements and assistance packages offered to them, • PAPs of their rights and choices. In addition to various consultation strategies outlined in the SEP, focus group discussions and individual consultations will be used to disseminate resettlement/entitlement information and to obtain PAPs views, i.e., the RAP team, including estimators, auditors, a structural engineer, social and environmental specialists addressed issues raised by the PAPs. During the consultation exercise all stakeholders shall be allowed to fully participate and express their view. Their views shall be fully captured and disclosed. 59 | P a g e 12.2.3 Consultation Strategy During consultations with stakeholders, various consultation methods stated in SEP shall be used, including: i) focus group discussions, ii) informal interviews and, ii) public consultations. In each of these consultation sessions question and answers sessions will be used to obtain their views and efforts shall be made to ensure that everyone’s voice is heard, responded to and record of the consultation (s) will be annexed to the RAP/ARAP. 12.2.4 Resettlement Alternatives During the consultation exercises as well as during face-to-face meetings, PAPs shall be offered with the following alternatives including choices related to forms of compensation and resettlement assistance. 12.2.5 Alternatives Offered In line with ESS5 requirement as well as the national provision, PAPs have been offered with the following alternatives and the choices accepted and rejected shall be reported in the RAP/ARAP: • Cash compensation for affected structures using full replacement cost of the affected structure; • Project take the responsibility for replacing the fully or partially affected structures; • Capacity building of project Affected Parties in various skills such as vocational activities; • Provision of technical training and equipment for alternative livelihood opportunities. 12.2.6 Choices Related to Compensation and Resettlement Assistance Based on the consultation processes carried out at the potential project sites thus far, PAPs identified for resettlement shall be incorporated into the RAP/ARAP and duly compensated in line with the Bank’s guidelines: Compensation and resettlement assistance to be paid/provided to PAPs shall be: i) certified by an independent certified valuer, ii) based on updated properties value rates reflecting the current full replacement cost of the affected property, and iii) compatible with international good practices and valuation principles. Property Valuers will value all assets affected during preparation of the RAP. The valuation report will form part of the RAP report for implementation by the PIU. Thereafter, the implementing agencies (NaFAA/PIU) will verify the affected properties listed in the RAP report and disclose the compensation amounts to affected individual PAPs prior to commencement of civil works. During the disclosure period, if a PAP is dissatisfied with the compensation amount(s) for his/her property, the dissatisfied PAP shall be allowed raise their concerns through the project resettlement grievance redress mechanism. Also, she/he is entitled to seek the services of independent property valuator of his/her choice and the cost will be covered by the project if the claim is proven to be true 12.3 Provision for Updating Information on PAPs NaFAA/PIU is responsible for conducting public consultations and disclosure. The goal of consultations and disclosure shall be to inform affected people and to solicit feedback that will assist the implementation of the RAP. It shall include: • Creation of communication method to identify and address project impacts on ongoing basis and bring forward community concerns including compensation and resettlement progress, • Hosting meetings with PAPs and their representatives as it may require, 60 | P a g e • Maintenance of an open-door policy through which PAPs can seek advice and lodge complaints. The focal point to be contacted on safeguard issues is the NaFAA/PIU Safeguard Specialist, Telephone numbers: (+231)776588690, • Creation of GRMs at different levels. 12.4 Disclosure and Information Sharing The NaFAA shall be responsible for ensuring consultations with PAPs and for disseminating information relating to RPF/RAP. With regard to information dissemination and consultation about the RPF and other safeguard instruments, the NaFAA shall ensure that: • the RPF and RAP will be available at a place accessible to PAPs and local NGOs, in a form, manner, and language that are understandable to them, • copies of the final RPF and RAP will be made available and accessible through NaFAA and World Bank websites, following their clearance and disclosure. 61 | P a g e CHAPTER THIRTEEN: PARTICIPATION 13.1 Consultations held for RPF Preparation December 14 to January 28, 2021, the safeguard team of the NaFAA/PIU comprising of the Social Development Specialist as well as the Environmental Specialist of the Liberia Sustainable Management of Fisheries Project (LSMFP) conducted face-to-face consultation meetings with relevant Government Ministries and Agencies, local county and affected community’(King Gray, ELWA, New Kut Town, Coast Guard, West Point in Montserrado, Marshall Beach in Margibi County, Grand Cess Beach in Grand Kru, Fanti and Kru Beach in Buchanan City, Grand Bassa County. A total of two hundred and ninety (290) relevant stakeholders participated in separate consultation meetings held in the six named counties. Annexes 3 and 4 provide a summary and photos of these consultations. The main purpose of these engagements was to initiate an inclusive process for engaging stakeholders throughout the project life cycle. The core purposes are: • Provide project related information and materials to affected and interested parties, • Solicit feedback from stakeholders to inform project design, implementation, monitoring, and evaluation, • Enhance project acceptance by clarifying project objectives and scope at an early stage and manage stakeholders’ expectations, • Assess and mitigate project environmental and social impacts and risks, • Enhance project benefits, • Address project grievances. Furthermore, emphasis was placed on a fully inclusive, open and transparent stakeholder participation process in the transfer of information on the proposed LSMFP. Men, women, the youth, aged etc. were engaged in the consultation process. Project-affected persons under the LSMFP activities that will be impacted due to land acquisition and resettlement will be consulted and involved in all resettlement activities: planning, implementation, and monitoring. Their involvement will provide them with greater understanding of the project, the resettlement issues and gives them opportunities to voice out their concerns about the project, and they may offer alternatives and compromises that tend to promote subproject implementation. For all the RAPs under the LSMFP subprojects, a mechanism or procedure for community entry, consultation and participation will be defined by cultural prescriptions which will be carefully studied and adhered to in each affected community. The mechanisms will include public meetings, focus group discussions, and participation in site preparation, resettlement committees for PAPs and communities and interagency committees for participating stakeholders. During public consultation and RAP implementation, the project will institute measures required to adhere to COVID-19 protocols and social distancing as required by the GoL and the World Bank. These measures are outlined below: • Stakeholder engagement and public consultation and participation are essential because they provide an opportunity for informing the stakeholders about the proposed project. • Public consultation and participation create a sense of ownership for the project, providing an opportunity for people to present their views and values and allowing consideration and discussion 62 | P a g e of sensitive social mitigation measures and trade-offs. • Public consultation and participation will afford the PAPs an opportunity to contribute to both the design and implementation of the program activities. In so doing, the likelihood for conflicts between and among the affected and with the management committees will be reduced. Establish functional grievance/resolution mechanisms’ that recognizes and integrates existing grievance/ resolution mechanisms; • Define roles and responsibilities for the various profiled actors to implement of the RPF; • Define reporting and monitoring measures to ensure the effectiveness of the RPF and periodical reviews of the RPF based on findings. In recognition of this, particular attention shall be paid to public consultation with PAPs, households and homesteads (including host communities) when resettlement and compensation concerns are involved. Public consultations in relation to the RAP occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach will be adopted as an on-going strategy throughout the entire project cycle. Public participation and consultations related to LSMFP will take place via meetings in project communities and, radio program. PAPs are consulted in the survey process; public notices where explanations of the sub- project are made; RAP implementation of activities; and during the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders, should be taken into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance). The role of traditional, chiefs, political and cultural leaders, including the community and clan elders, in the participation strategy should be important. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. 63 | P a g e CHAPTER FOURTEEN: MONITORING AND EVALUATION 14.1 Monitoring and Evaluation Monitoring and Evaluation (M&E) shall constitute key components of the RPF/RAP implementation. As such, the NaFAA/PIU M&E Specialist shall take the responsibility to ensure that an M&E system is in place and effectively functioning. Monitoring will be an integral part of the RAP implementation activities under LSMFP and will continue throughout the project period. Regular monitoring will enable the NaFAA to assess resettlement implementation progress and challenges, take corrective action where and when necessary to keep the project on course, and to ensure achievement of the stated resettlement objectives stated in ESS5. Monitoring also encompasses regular consultation with and feedback from PAPs and other stakeholders regarding resettlement implementation progress or the lack thereof. Some techniques for stakeholder engagement and consultation will include one-on-one meetings/interviews, community meetings/group interviews, and focused group discussions. Key resettlement monitoring indicators shall include the followings (see annex for detailed monitoring indicators: • Number of PAPs relocated/resettled • Number of vulnerable people assisted; type of supported provided during transitional period • Type of assistance provided to PAPs • Number and nature of complaints filed by PAPs; number of complaints amicably resolved, number of complaints unresolved/pending • Existence and functioning of the GRM, PAPs’ access to the GRM • Compensation payment processing and delivery time • Number of PAPs who are better off as a result of the resettlement assistance; number of PAPs who are worse off as a result of the project • Status of resettlement plan implementation Where possible, data will be disaggregated and reported by gender, youth, people with disabilities and other disadvantaged groups. NaFAA is responsible for monitoring RAP(s) implementation. NaFAA shall be responsible for incorporating and tracking progresses on these indicators. Table 9: RAP Monitoring Indicators # Monitoring Specific indicator frequency 1 Social and On the basis of pre project’s baseline survey, provide Annual economic number of PAPS: i) whose livelihoods have been monitoring restored to pre-project level, ii) whose livelihoods have improved beyond pre-project level, iii) whose livelihoods are worse than pre-project level. 2 Private Provide number of PAPs: i) whose private structures Monthly structures have been restored/constructed to pre-project level, ii) whose private structures made better / improved beyond pre-project level, iii) whose private structures 64 | P a g e are made worse than pre-project level 3 Public Provide number of PAPs: i) whose private structures Monthly Structures have been restored/constructed to pre-project level, ii) whose private structures made better / improved beyond pre-project level, iii) whose private structures are made worse than pre-project level 4 Economic Track progress on: i) number and type of economic Monthly Crops crops replanted by affected farmers, ii) number of farmers who have restored their income to pre-project level, iii) number of farmers who have not restored their income to pre-project level, iv) number of farmers whose income has been restored beyond pre- project level, v) number of affected farmers who have changed their livelihoods from farming to other livelihood activities, 5 Assistance to Track progress on: i) number of affected businesses Monthly Businesses that have resumed business operation, ii) number of businesses that have restored their net income to pre- project level, iii) number of businesses that have restored their net income beyond pre-project level, iv) number of affected businesses that have not resume operations. 6 Vulnerable Provide number of vulnerable PAPs: i) whose Monthly Groups livelihoods have been restored to pre-project level, ii) whose livelihoods have improved beyond pre-project level, iii) whose livelihoods are worse than pre- project level, iv) who have received assistance from the special package, v) who are sick and who benefited from health service in the project area, vi) number of disable friendly facilitates constructed by the project such as access ramp from main road to their living quarters or neighborhood, 7 Tenants Provide number of affected tenants: i) who have Monthly found new rental places, ii) who reported that the rental allowance is inadequate, iii) who showed satisfaction over their new rental places compared to the ones they occupied before the project, iv) number of tenants who have not yet found rental places. 65 | P a g e 8 Track grievances and report: i) number of cases at Monthly Grievances and each impact location, ii) the number of cases grievance resolved, iii) number of cases pending, iv) reasons management for pending cases, v) frequency of GRMs meetings, system vi) description of compliance to GRM procedures 9 Post RAP On the basis of the census and entitlement matrix, the Compensation post RAP compensation payment audit exercise will Payment verify and confirm: i) overall total number of PAPs Audit paid full compensation) total number of private structure owners (PAPs) paid full compensation ; iii) total number of public structures (fences and signboards) paid full compensation iv) total number of economic crops (rubber trees, oil palm trees and sugar cane) paid; v) total number of business owners (loss of income/revenue) paid compensation ; vi) total number of tenants paid three months rental assistance on ; vii) total number of landlords paid three months rental losses viii) total number of vulnerable people paid full special assistance (3 months rental, living and transitional allowances); ix) number of PAPs who are not paid full compensation ; x) compensation cases disputed channeled to GRMs and status of each case; xi) potential and actual residual social risks and proposed mitigation measures. 14.2. Completion Audit The NaFAA will conduct an audit to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed. The audit will be independent / third party audit. The completion audit will be conducted to verify that all physical inputs earmarked in the RAP have been delivered and all services provided. Additionally, this will ensure that enough time allowance is provided to Project Affected Parties to settle and resume their new lives prior to the completion audit. The audit will also evaluate if the mitigation actions prescribed in the RAP have had the desired effect. The baseline conditions of the affected parties before the relocation will be used as a measure against their socio-economic status after the resettlement. Prior to start of civil works, the completion audit will take place after all RAP activities have been completed including development initiatives, but before the financial commitments to the program are finished. This will allow the flexibility to undertake any corrective action that the auditors may recommend before the project is completed. Evaluation of resettlement activities will be part of the general assessment and review activities undertaken for LSMFP 66 | P a g e REFERENCES - LISGIS 2016 Household Income and Expenditure Survey - Woldometer: Liberia Demographics, retrieved February 2021 - The World Factbook: Liberia Profile, retrieved February 2021 - A composite index based on measures of health, education and nutrition. - LISGIS 2016 Household Income and Expenditure Survey - Human Development Report.2016. http://hdr.undp.org/en/countries/profiles/LBR. Accessed February 17, 2018 - Worldometer: Liberia Demographics, retrieved February 2021 - World Life Expectancy: World Health Ranking, "Liberia Coronary Heart Disease", retrieved February 2021 - https://worldpopulationreview.com/countries/liberia-population - https://theodora.com/wfbcurrent/liberia/liberia_people.html - Liberia Forest Information and Data (mongabay.com) - Land Use, Land Cover, and Trends in Liberia | West Africa (usgs.gov) - Central Bank of Liberia (CBL), 2017 - Ministry of Agriculture and UNDP 2008 Assessment Report - Such claims could be derived from adverse possession or from customary or traditional tenure arrangements. - Focus on Land in Africa; Brief: on Liberia Using Land Policy to improve life for the Urban Poor; Bruce and Kanneh (2011) Page 4 67 | P a g e ANNEX 1: SOCIAL RISK SCREENING FORM Name of Sub-Project: Location: Nature of Project: Size/Scale: Project Implementing Agency: Description of Project Surroundings: Are there existing settlements in the project area? If yes, how many households/families? What is the demographics of the population (e.g., ethnicity, religion) What is the ownership pattern of people in the area (e.g., squatters, titleholders, tenants)? What are main sources of livelihoods? Are there any existing local organizations? Are there existing social infrastructures in the area (e.g., schools, health centres, hospitals, places of worships, roads, etc.) Are there any ongoing development projects in the area that involves civil works? Does the area have frequent visitors from outside? 68 | P a g e Threats and Potential Impacts from the Sub-Project Potential Impacts Yes No Not Details Known Land-Related Impacts 1 Will the sub project include any physical construction work? 2 Does the sub project include upgrading or rehabilitation of existing physical facilities? 3 Is the sub project likely to cause partially or fully damage to, or loss of housing, shops, or other resource use? 4 Is the site chosen for this work free from encumbrances? 5 If any land required for the work is privately owned, will this be purchased or obtained through voluntary donation? 6 If the Land parcel has to be acquired, is the actual plot size and ownership status known? 7 Is land for material mobilization or transport for the civil work available within the identified work site / Right of way? Livelihoods Related Impacts 8 Are there waste workers currently operating in the site? If yes, how many, what are their backgrounds, are they registered? 9 Were there such workers who operated in the site earlier? If yes, how many, and is there any information on their current whereabouts? 10 Are there any non-titled people (Squatters) who are living/ or doing business who may be partially or fully affected because of the civil works? 11 Will there be damage to agricultural lands, standing crops, trees, etc.? 12 Will there be any permanent or temporary loss of income and livelihoods as a result of the civil works? If so for what period? 13 Have these people/ businesses who may suffer temporary loss of incomes or livelihoods been surveyed and identified for payment of any financial assistance? 14 Will people permanently or temporarily lose access to facilities, services, or natural resources? 15 Are there any vulnerable households affected? 15 Will the affected land/structure owners likely to lose less than 10% of their land/structures area? 16 If so, are these land/structure owners willing to voluntarily donate the required land for this sub- project? 17 Will there be any impacts on cultural, community properties or facilities? 18 Will there be any other temporary impacts? please describe 19 Have measures been planned to mitigate temporary impacts including ease of access? Give details 20 Does the local government body have its own procedures for land acquisition? Impacts from Labour Influx 21 How many workers will be needed for the sub-project, with what skill set, and for what period? Potential Impacts Yes No Not Details Known lxix | P a g e 22 Can the project hire workers from the local workforce? 23 Will there be workers brought in from outside? 24 Will a camp be required to house these incoming workers? 25 Will the incoming workers be from a similar socio- economic, cultural, religious or demographic backgrounds? 26 Given the characteristics of the local community, are there any adverse impacts that may be anticipated? Estimates of Specific Impacts Private land required (sq. m) Total of households affected No. of individuals losing more than 10% of land area Government land required No. of houses affected No. of shops affected No. of utilities affected No. of workers to be brought from outside Decision on Categorization: After reviewing the answers above, it is determined that the sub-project will have: [ ] High/substantial impacts [ ] Moderate impacts [ ] Low/No impact lxx | P a g e ANNEX 2: RAP VERIFICATION FORM Property Code: Location of Property: Name of Owner: Sex: *Type of Property (Farm/Crops or Structure/Building): Kind of Structure (mud, concrete, zinc, etc.): Kind of Crop: Number of Trees: Total Dimension (in square feet (sqft) : Geographic Coordinates: Category (Fully Affected - FA or Partially Affected- PA): US$ Rate per sqft/Crop: Total Appraised Value for Structure: Signature of Owner: Verifier(s): Name Signature 1. 2. 3. 4. lxxi | P a g e Reviewed by: Name: Signature: Verification Date: *Request for title deeds or other ownership documents, and take a picture of the property. lxxii | P a g e ANNEX 3: ANNOTATED OUTLINE FOR PREPARING RAP This template is extracted from WB ES Standards 5. Its full description can be found in the World Bank external website. The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context. A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following: The followings are the indicative “Table of Contents� that the consultant should follow while preparing and finalizing the RAP: Table of Contents List of Figures List of Tables Definitions Abbreviations Executive Summary CHAPTER ONE: INTRODUCTION • Background Understanding • Aim and Objectives of the RAP • Justification for the preparation of a RAP • RAP Methodology CHAPTER TWO: DESCRIPTION OF THE PROJECT • Description of the project State CHAPTER 3. DESCRIPTION OF THE PROJECT. General description of the subproject activities to be undertaken and identification of the project area. CHAPTER 4. PROJECT POTENTIAL IMPACTS. Identification of: (a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project. (b) the zone of impact of such components or activities. (c) the scope and scale of land acquisition and impacts on structures and other fixed assets. (d) any project-imposed restrictions on use of, or access to, land or natural resources. lxxiii | P a g e (e) alternatives considered to avoid or minimize displacement and why those were rejected; and (f) the mechanisms established to minimize displacement, to the extent possible, during project implementation. CHAPTER 5. OBJECTIVES. The main objectives of the resettlement program. CHAPTER 6. CENSUS SURVEY AND BASELINE SOCIOECONOMIC STUDIES. The findings of a household-level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures, and other fixed assets to be affected by the project. The census survey also serves other essential functions: a) identifying characteristics of displaced households, including a description of production b) 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. c) information on vulnerable groups or persons for whom special provisions may have to be made. d) identifying public or community infrastructure, property or services that may be affected. e) providing a basis for the design of, and budgeting for, the resettlement program. f) in conjunction with establishment of a cut-off date, providing a basis for excluding ineligible g) people from compensation and resettlement assistance; and h) establishing baseline conditions for monitoring and evaluation purposes. As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: (g) 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; (h) 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; and social and cultural characteristics of displaced communities, including a description of formal (a) and informal institutions (e.g., community organizations, ritual groups NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. CHAPTER 7. LEGAL FRAMEWORK. The findings of an analysis of the legal framework, covering: lxxiv | P a g e (a) the scope of the power of compulsory acquisition and imposition of land use restriction 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 grievance redress mechanisms that may be relevant to the project. (c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and (d) gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps. CHAPTER 8. INSTITUTIONAL FRAMEWORK. The findings of an analysis of the institutional framework covering: (a) the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons. (b) an assessment of the institutional capacity of such agencies and NGOs/CSOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. CHAPTER 9. ELIGIBILITY. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cutoff dates. CHAPTER 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 for land, natural resources, and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. CHAPTER 11. COMMUNITY PARTICIPATION. Involvement of displaced persons (including host communities, where relevant): (a) a description of the strategy for consultation with, and participation of, displaced persons in resettlement activities. (b) a summary of the views expressed and how these views were considered in preparing a) the resettlement plan. (c) a review of the resettlement alternatives presented, and the choices made by displaced persons b) regarding options available to them; and lxxv | P a g e (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. CHAPTER 12. IMPLEMENTATION SCHEDULE. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. CHAPTER 13. COSTS AND BUDGET. Paragraph and tables showing categorized 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. CHAPTER 14. GRIEVANCE REDRESS MECHANISM. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should consider the availability of judicial recourse and community and traditional dispute settlement mechanisms. CHAPTER 15. MONITORING AND EVALUATION. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party 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 results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. CHAPTER 16. ARRANGEMENTS FOR ADAPTIVE MANAGEMENT. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. lxxvi | P a g e ANNEX 4: STAKEHOLDERS CONSULTED # Stakeholder Date of Place and Thematic Area Level of Feedback/Recommendation meeting Mode of support Meeting 1 Environmental Protection December Mesurado Environment Strongly The EPA welcomed the project and requested Agency 14, 2020 Pier- In support the that the framework document (RPF & ESMF) be person Project shared with them for their input/comment before Meeting Development public disclosure; Objectives An updated ESIA procedural guideline (2017) contains section on RAP procedure which can aid in the preparation of the RPF; The magnitude of project impact cannot be properly assessed and considered at this stage of the project as Moderate because the project details and specific sites are not known; That the Preliminary ESIA may provide insufficient technical data to inform the design of the Mesurado Industrial Fishing Hub; That a Project Steering Committee be established as a way of providing first-hand information regulators prior to the implementation of the project key activities That the International Firm hired to conduct the Feasibility and ESIA Studies subscribe to the EPA guidelines and liaised with a local-certified counterpart firm; Project activities that requires acquisition of Environmental Permit comply appropriate regulations of the EPA prior to the implementation of such activities. 2 Ministry of Agriculture December Mesurado Food Security Strongly in The Project activities should have cut-across 14, 2020 Pier- In favor Liberia to include other counties; lxxvii | P a g e person There is a need for the intervention at the Meeting Mesurado Pier to be replicated in other counties on a smaller scale given the scarcity of fish and fishery products in rural Liberia; During the conduct of the Resettlement Action Plan (RAP) that consultant/LSMFP should take advantage of the updated Agriculture Ministry Price List for Crops. Project documents be shared for its review and inputs; Buttress the suggestion of the EPA to establish a Project Steering Committee that will be routinely updated during prior to and ruing the implementation of the p 3. Liberia Land Authority December Mesurado Land use, land In support of Emphasized the for the total involvement of 14, 2020 Pier- In governance and the project project-affected communities prior to acquiring person administration land for the implementation of project activities Meeting and during the implementation stages of the project. Welcomed the project and thanked the NaFAA for the meeting. Need for continuous consultation with all stakeholders regarding the proposed project. Sustainability of the project in rural areas Minimize Resettlement Impacts Appointed a focal person from LLA to coordinate with NaFAA during implementation of the project 4. Ministry of Gender, December Mesurado Gender, Children and In support of The Ministry of Gender welcomed the project and Children and Social 14, 2020 Pier- In Social Protection the project indicated that the project should seek to empower Welfare person women and sustain their livelihood; Meeting The project should consider providing sanitation facilities at each identified project site. A need to have a Gender Focal person on the project to coordinate matters affecting women lxxviii | P a g e and children as a result of the project implementation. There should be sex or gender disaggregated data to monitor and measure the success of the proposed project Emphasis should be given to the National Gender Policy of Liberia There should be continuous consultation Project documents or information should be shared with the Ministry Emphasized the need for the proposed project to provide broad support for gender mainstreaming in every aspect of the project, and this includes employment opportunity, gender equality and equity. That at least a threshold of 40% of the project beneficiaries be allocated to exclusively to women/women headed businesses. 5. Conservation International December Mesurado Biodiversity In support for There is a need for the project to develop a 14, 2020 Pier- In Conservation the project Biodiversity Management Plan (BMP) person exclusively for the project implementation; Meeting That the BMP focuses on sensitizing project beneficiaries on the significance of preserving mangroves and provide incentives which will discourage fish-mongers and/or fish processors from harvesting mangroves for the purpose of processing fish and fish-related products. 6. Fauna and Flora December Mesurado Biodiversity In support of Concurred with the points raised by International 14, 2020 Pier- In Conservation the project Conservation International; person Stressed the need to provide a marine store Meeting and/or create accessible means and medium through which fishermen can purchase nets prior to the net exchange program since the monofilaments nets have been proven to have more efficient catchability rate as opposed to the lxxix | P a g e net that is to be distributed; That as part of the Net Distribution Scheme, the project develop a program and/or activity that will squarely focus addressing the issue of marine litters associated with fishing and fish- related activities. 7. Liberia Maritime December Mesurado Shipping The project should gather technical information Authority (LMA) 14, 2020 Pier- In from the LMA prior to dredging, and before person finalizing the design of the Mesurado Industrial Meeting Fishing Pier. 8. Superintendent of Grand January Grand Bassa local governance/ Strongly in The Superintendent of Grand Bassa County Bassa County and City 14, 2021 County- In direct project favor of the welcomed the project and said that the project Major of Buchanan City, Person beneficiaries? The project. will serve as an income generating activities for CMA, Fishing same applies to the both residence and citizens of the county Communities etc. other counties where The local county leadership, the fishing the project will be communities and the CMA are all in support of implemented. the proposed project 9. Superintendent of Sinoe January Sinoe County- local governance and Strongly in The Superintendent and local County officials of County and City Major of 16, 2021 In Person direct project favor Sinoe County welcomed the proposed project Greenville City, CMA, beneficiary. and indicated the need for vigorous information Fishing Communities etc. dissemination of the project to avoid misunderstanding, misinformation and misinterpretation of the project development objectives. Whenever possible, local workforce should be prioritized for employment during the construction of the project. selection of communities for the proposed project should be done in consultation with communities at the local level. Need for GM through which concerns/complains will be channeled for redress 10. Superintendent of Grand January Grand Kru local governance/ Strongly in The Superintendent and local county officials of Kru County and City 19, 2021 County-In direct project favor, but with Grand Kru County welcomed the proposed Major of Grand Cess City, Person beneficiaries reservations project and indicated the need for vigorous lxxx | P a g e Fishing Communities etc. information dissemination of the project to avoid misunderstanding, misinformation and misinterpretation of the project development objectives. Whenever possible, local workforce should be prioritized for employment during the construction of the project. selection of communities for the proposed project should be done in consultation with communities at the local level. Need for GM through which concerns/complains will be channeled for redress 11. Superintendent of January Maryland local governance/ Strongly in The Superintendent and local county officials of Maryland County and City 21, 2021 County- In direct project favor, but with Maryland County welcomed the proposed Major of Harper City, Person beneficiaries reservations project and intimated that fishery activities incur Fishing Communities etc. huge cost of storage for preservation of sea foods, without proper knowledge and support, the sector will not be sustainable. The County Authority is poised to collaborate and give its support to make the project successful in areas of capacity building and support to the local communities. 12. Superintendent of Margibi January Margibi local governance/ Strongly in favor, The Superintendent and local county officials of County and City Major of 26, 2021 County- In direct project but with the Margibi County and the City Major of Marshall City, CMA, Person beneficiaries reservations Marshall City, welcomed the proposed project. Fishing Communities etc. meeting Whenever possible, local workforce should be prioritized for employment during the construction of the project. lxxxi | P a g e 13 Superintendent of January Montserrado local governance/ Strongly in favor, County officials of Montserrado County, Montserrado County, 28, 2021 County- In direct project but with Commissioner of the Borough of New Kru Commissioner of the Person beneficiaries reservations Town, CMA, Coast Guide Base Community and Borough of New Kru meeting the Fishing Communities in Montserrado Town, CMA, Coast Guide County. Base Community and the welcomed the proposed project and indicated the Fishing Communities in need for vigorous information dissemination of Montserrado County. the project to avoid misunderstanding, misinformation and misinterpretation of the project development objectives. Whenever possible, local workforce should be prioritized for employment during the construction of the project. The understanding of the RPF was address any issues related to livelihood changes, damage, or displacement of property during implementation of the LSMFP, owners should be compensated. The participants were asked if there are land acquisition or land owned by individuals. Most of the land are Government owned and people welcome projects especially if they are going to benefit from them lxxxii | P a g e ANNEX 5: Issues Raised and Responses Provided in the Consultation Meetings with Stakeholders in Project-affected Communities No. Issues/Concerns Raised Response(s) Provided 1. What is the precise goal The Project goal is to improve fisheries management and of this project? enhance livelihoods in selected fishing communities in about six (6) sites across six counties, namely: Mesurado Pier area (Montserrado county) and yet-to-be-identified specific sites in Margibi, Maryland, Grand Bassa, Sinoe and Grand Kru Counties. 2. What is the project name, The proposed project is called the “Liberia Sustainable and who is the Project Management of Fisheries Project (LSMFP)�, and it implementer? would be implemented by the Government of Liberia through the National Fisheries and Aquaculture Authority (NaFAA). 3. How are the Project Each stakeholder will be engaged at every stage of the implementers going to proposed project. The engagement strategies of the promote and ensure project will include face-to-face meetings, phone calls, adequate communication, email, workshops, info shops, print media publications, collaboration and sharing and radio communications. of information among stakeholders? 4. What historic issues exist The project investments are associated with related to your project, environmental and social impacts, including stakeholders and construction, extension works, and other basic geographical location of infrastructure to improve post-harvest processing. The the selected communities? provision of essential infrastructure and technology (Mesurado Fishing Hub, landing sites, including drying technology, as well as the construction of drying shelters, and CMA offices). 5. Are there any studies No. At this stage, we have done no studies to ascertain conducted on potential potential impacts on local communities. Further studies environmental, social, will be done after the project is approved and before health and cultural implementation. However, considering the nature and impacts of the project on scope of the proposed project, it is professionally local communities? assumed at this stage that the proposed project will have Substantial environmental and social impacts on communities as per the updated project Appraisal document. 6. What are those Project sites include the Mesurado Pier area communities/sites (Montserrado county) and yet-to-be-identified specific selected for the Project sites in Margibi, Maryland, Grand Bassa, Sinoe and intervention, and what are Grand Kru Counties. the project main The project will comprise four main components: activities? Component 1: Improving management and governance of fisheries; Component 2: Improving value-addition of fish and fish products; Component 3: Support to aquaculture development; and Component 4: Project management. A fifth component—Contingent Emergency Response Component (CERC)—would be lxxxiii | P a g e triggered and applied to provide swift response in the event of an eligible crisis or emergency. The Project activities include; (a) improving governance and management reforms, developing human and institutional capacity, and improving policies, strategies, institutional and legal frameworks; (b) supporting activities that aim at increasing the national value addition provided by the fisheries sector, such as the establishment of an industrial and artisanal fish landing sites at the Mesurado Pier, Monrovia, toward improving conditions for industrial fish landing and for export of high-value fish species and fish products; and (c) supporting marine and inland fisheries production. 7. What are the project’s Consistent with international best practices, and in line guidelines for Sustainable with relevant Liberian Legislations, the Project will Community initiate multi-stakeholder consultation engagements Development? where the concerns, aspiration and interest of project stakeholders will be integrated into the project design and plan, with the hope of achieving economically, environmentally, socially and healthy resilient communities without harming the future generations. 8. Will the proposed project Politics is part of human nature which makes it difficult be void of political to divorce human activities from political interferences. interference? However, the project is a politically neutral project with the main objective to reduce poverty. Hence, NaFAA will endeavor as much as possible to avoid or minimize political interference at all stages of the project, through clearly defined roles, guidelines and principles. 9. Is there any mechanism to Yes, the project will have Grievance Mechanisms (GMs) mitigate at various levels, and this will include: Community, , misunderstanding and County and National levels. Each level of the GM will address concerns amongst strive to satisfactorily address concerns or complaints project stakeholder? related to the project activities. Additionally, there will be pragmatic information dissemination campaigns on both local and national media outlets to inform the public about the project activities. 10. What criteria did the The five referenced counties are part of the major coastal project proponents use to zones of Liberia, and they offer the best option for select the six counties as piloting of the project. The strategy is to first establish beneficiaries of the landing facilities to these five counties which will project, Mesurado Pier indirectly boom economic development across other area (Montserrado parts of the country. Subsequently, the opportunities will county) and yet-to-be- be expanded to reach other coastal counties in Liberia, identified specific sites in based on the availability of additional funding. Margibi, Maryland, Grand Bassa, Sinoe and Grand Kru Counties)? 11. Who are the stakeholders The project stakeholders comprise people and who will be institutions who are either directly affected by the directly/indirectly project or have influence and interest in the project, affected by your project? including EPA, MOL, LLA, MFDP, MOA and lxxxiv | P a g e CMA/LAVA offices and affected project communities. County Superintendents and local officials will be involved at every stage of the proposed project, based on their interest, influence and impacts. The role and involvement of every stakeholder will be clearly defined by the project. 12. What opportunities are The proposed project, when approved, will create both there for youth and direct and indirect job opportunities. Also, through the women empowerment? availability and productive use of landing sites, the project will empower local communities to sustainably manage and expand their fishing, generate more revenues, and elevate themselves to higher standard of living, especially for female headed businesses. 13. What is the Project plan In accordance with the National Gender Policy of on gender; does the Liberia, the project will mainstream gender and, where Project have specific applicable, develop s Gender Action Plan (GAP) to gender policy/plan? ensure that gender issues are adequately addressed throughout the project cycle. lxxxv | P a g e ANNEX 6: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (Filer of Complaint): __________________________________ ID Number: __________________________________ (PAPs ID number) Contact Information: __________________________________ (Location; mobile phone) Nature of Grievance or Complaint _________________________________________________________________________________ ___ ______________________________________________________________________________ Date Individuals Contacted Summary of Discussion Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint: __________________________(if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution Date of Conciliation Session: _______________________________ Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: _________________________________________________________________________________ _ _________________________________________________________________________________ ___ Summary of Conciliation Session Discussion _______________________________________________________________________________ ______________________________________________________________________________ Issues___________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: Signed (Conciliator) ___________________________ Signed (Filer): ________________ Signed: ___________________________ Independent Observer Date: ___________________________ lxxxvi | P a g e ANNEX 7: GRIEVANCE CLOSE OUT FORM Grievance Close Out Form GRIEVANCE CLOSE OUT FORM Grievance closeout number Define long term action required (if necessary) Compensation required: Y N Verification of Corrective Action and Sign off 1 Corrective Due date: Action Steps: 2 3 COMPENSATION ACTION AND SIGN OFF This part will be filled in and signed by the complainant when he/she receives the compensation or the file is closed out. Notes: Date: >………………………………… Complainant Representative of Responsible Party Name and Signature Name and Signature >…………………………….. >………………………………………. lxxxvii | P a g e Annex 8: Participants Attendance sheet for RPF Consultation meetings National Fisheries & Aquaculture Authority(NaFAA) Liberia Sustainable Management of Fisheries Project(LSMFP) Participants signed sheet for the Resettlement policy framework consultation meeting NO Name Occupation/position Residence/Community Sex Phone Numbers 1 Borbor Weah Kru Governor Marshall M 0777747002 2 Peter Koisce Sea Chief Marshall M 0775300229 3 Joseph Apel Deputy Sea Chief Marshall M 0778697728 4 Mark M. Logam Fisherman Marshall M 0770459607 5 Morris Heuston Loath Chairman Marshall M 0776268349 6 Nod Koijee Enumerator Marshall M 0776525472 7 Joseph Matthew Fisherman Marshall M 0777077963 8 Junior Cuffy All Kru Chief Marshall M 0777752176 9 Lucy Stephen Chairlady Marshall F 10 John Kofee Elder Marshall M 0776397495 11 Sophfa Marshall Fish monger Marshall F 12 Victor Phillip Fisherman Marshall M 0770831419 13 Cecelia Abiatha Fish processes Marshall F 14 Mary Ackun Fish processes Marshall F 15 Elisabeth Koffa Fish processes Marshall F 16 Theresa Paul Fish monger Marshall F 17 Robert Williams City Mayor Marshall M 0776328314 18 Henry Wolobah Fisherman Marshall M 0778375902 19 Augustine Wilson Fisherman Marshall M 0776924514 20 Lowuo Winneh Fisherman Marshall M 077581933 lxxxviii | P a g e National Fisheries & Aquaculture Authority (NaFAA) Liberia Sustainable Management of Fisheries Project (LSMFP) Participants signed sheet for the Resettlement policy framework consultation meeting NO Name Occupation/position Residence/Community Sex Phone Numbers 21 Francis Charles City Mayor Grand Cess M 0888454693 22 Mrs. Nimely Women President Grand Cess F 0888398247 23 Rose Nimely Women Member Grand Cess F 0881243815 24 JW. W .Nimely A Cling Pc Grand Cess M 0886662139 25 Juame Charles City S Grand Cess M 0888362914 26 Auguestine Wollo Dist. Supt Grand Cess M 0888536670 27 Tbrh Nimely Fisherman Grand Cess M 0881492496 28 Timothy T. Topar Fisherman Grand Cess M 088100684 29 Joseph B Weah Teacher Grand Cess M 0888182502 30 J. Kay Do weah Dist. Supt Grand Cess M 0886896217 31 Gabriel Nimely Citizen Grand Cess M 0888068757 32 Thomas K. Nimely Elaterium Grand Cess M 0888230246 33 Selena J. Nah Fish monger Grand Cess F 34 Joseph N. Nebo Fisherman Grand Cess M 0888193356 35 Sylvester Sieaon Sea Man Grand Cess M 0881215678 36 Helena J.Tiacka Fish monger Grand Cess F 37 Theresa G. Nagh Fish monger Grand Cess F 38 Beatrice J. weah Fish monger Grand Cess F 39 Francela M. Baye Fish monger Grand Cess F 0888644642 40 Mary G. Koffa Fish monger Grand Cess F 41 Patricia P. koffa Fish monger Grand Cess F 0886231515 42 James D. Sieh Fisherman Grand Cess M 0881010178 43 Augustine J. Wah Business Man Grand Cess M 0881256598 lxxxix | P a g e 44 Thames N. ureh Fishing Chief Grand Cess M xc | P a g e National Fisheries & Aquaculture Authority (NaFAA) Liberia Sustainable Management of Fisheries Project (LSMFP) Participants signed sheet for the Resettlement policy framework consultation meeting NO Name Occupation/position Residence/Community Sex Phone Numbers 45 Marie M. Nah Grand Cess F 46 Joseph K. Tiaka Chairman NaFAA Grand Cess M 0888728073 47 Toibor Kay Grand Cess F 48 Chie Tucbeir Grand Cess M 49 George Nyepan Grand Cess M 50 Nathan N Wisseh Member Grand Cess M 0881604723 51 Patrick N. sayon Grand Cess M 0881358415 52 Toe Nimely Grand Cess M 0881028608 53 Nyepan Nah Grand Cess M 0880492794 54 Sam Nimely Air port Grand Cess M 55 Welleh Wle Grand Cess F 56 Pitah Togba Grand Cess F 57 Ezekiel Nah Grand Cess M 58 Bonham waeh Health worker Grand Cess M 0777809373 59 Chie Kogbe Grand Cess M 0888268353 60 Davies Vea Grand Cess M 0881642219 61 Kam Pala Chairman Grand Cess M 0881060762 62 Wollor Sugbe Grand Cess M 0888549120 63 Francis Mieh Grand Cess M 0888230202 64 Josephine Blomo Grand Cess F 65 Cecelia G. Nyeneti Grand Cess F 0888361712 Seer xci | P a g e 66 Mark weah Grand Cess M 088623364 67 Augustine Billoh Grand Cess M 088025880 xcii | P a g e ANNEX 9: PHOTOS FROM STAKEHOLDER CONSULTATIONS xciii | P a g e