Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA ETHIOPIAN ROADS AUTHORITY NEKEMTE-BURE ROAD UPGRADING PROJECT, UNDER AN OUTPUT AND PERFORMANCE BASED ROAD CONTRACT (OPRC) [DESIGN-BUILD-MAINTAIN] RESETTLEMENT ACTION PLAN (RAP) FOR MILESTONE- 1 (116+000-140+000) Lot 2: Andhode-Agamsa (87.65 km) March, 2019 i|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Table of Contents ACRONYMS AND ABBREVIATIONS .................................................................................................................... 3 GLOSSARY OF TERMS ....................................................................................................................................... 4 E. EXECUTIVE SUMMARY ................................................................................................................................. 6 1.INTRODUCTION........................................................................................................................................... 12 1.1. Introduction and Purpose ................................................................................................................................................ 12 1.2 Project location and description ....................................................................................................................................... 12 1.3. Scope and Objectives of the RAP .................................................................................................................................... 13 1.4. Study Approach and Methodology .................................................................................................................................. 14 2.POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ..................................................................................... 15 2.1. Policy and Legal Frameworks ........................................................................................................................................... 15 2.1.1. Land ownership policy in Ethiopia ................................................................................................................................... 15 2.1.2.Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 ................................................... 16 2.1.3.FDRE Council of Ministers Regulation No. 135/2007 ....................................................................................................... 17 2.1.4.Proclamation on Rural Land Administration and Land Use Proclamation No 456/2005 ................................................. 17 2.1.5. Proclamation on Research and Conservation of Cultural Heritage ................................................................................. 17 2.1.6.National Policy on Women ............................................................................................................................................... 18 2.1.7.ERA`s Resettlement/Rehabilitation Policy Framework .................................................................................................... 18 2.2.Regional Policy ................................................................................................................................................................. 19 2.3. World Bank Policy on Involuntary Resettlement [OP 4.12] .............................................................................................. 19 2.3.1.Comparisons of the National Polices and the World Bank OP 4.12 ................................................................................. 19 2.4.Institutional and Administrative Framework .................................................................................................................... 30 2.4.1.Federal Government ........................................................................................................................................................ 30 2.4.2.National Regional Government ........................................................................................................................................ 30 2.4.3.Local Government ............................................................................................................................................................ 30 2.4.4. Ethiopian Roads Authority ............................................................................................................................................... 31 2.4.5.Oromia National Regional State ....................................................................................................................................... 32 2.4.6.Woreda Administration .................................................................................................................................................... 32 2.4.7. Kebele Administration ..................................................................................................................................................... 33 3.ELIGIBILITY CRITERIA AND PROJECT ENTITLEMENT ..................................................................................... 34 4.PUBLIC AND STAKEHOLDERS' CONSULTATION ............................................................................................ 39 4.1.Objectives of Public and Stakeholders Consultation ......................................................................................................... 39 4.2.Approach and Methodologies .......................................................................................................................................... 39 4.3. Stakeholder’s analysis ..................................................................................................................................................... 39 4.4.Public Consultation .......................................................................................................................................................... 40 4.5. Stakeholders' consultation .............................................................................................................................................. 40 4.6.Major Findings of Public and Stakeholders' Consultations ................................................................................................ 41 4.7.Findings of Consultations with PAPs and Community Groups ........................................................................................... 41 ii | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 4.8.Findings of Consultations with Local Officials ................................................................................................................... 42 4.9.Consensus and agreement reached with PAPs and Stakeholders ..................................................................................... 43 4.10. Subsequent Consultation with PAPs ............................................................................................................................ 45 4.11. Security situation in the project corridor ....................................................................................................................... 46 5.MINIMIZING RESETTLEMENT ...................................................................................................................... 47 6.SOCIO-ECONOMIC CONDITIONS OF THE PROJECT AREA ............................................................................. 48 6.1. Location of the Project Area ............................................................................................................................................ 48 6.2 Population and Settlement Patterns ................................................................................................................................. 48 6.2.1. Ethnicity and Language .................................................................................................................................................... 49 6.2.2. Religion ............................................................................................................................................................................ 49 6.2.3. Settlement Pattern .......................................................................................................................................................... 49 6.3. Sources of Livelihood and Income ................................................................................................................................... 49 6.4. Access to Social Services and Infrastructures ................................................................................................................... 50 6.4.1. Education Access and Facilities ....................................................................................................................................... 50 6.4.2. Health Service Facilities ................................................................................................................................................... 51 6.4.3. Water Supply and Sanitation ........................................................................................................................................... 51 6.4.4. Energy source .................................................................................................................................................................. 52 6.4.5. Roads and Transport Services.......................................................................................................................................... 52 6.4.6. Communication and Other Services ................................................................................................................................ 52 6.4.7. Accesses to Power Supply ............................................................................................................................................... 52 6.5. Historical and Cultural Heritages ..................................................................................................................................... 52 6.6.Gender Issue..................................................................................................................................................................... 53 6.7.Sexually-transmitted Infections and HIV/AIDS ................................................................................................................. 54 6.8. Vulnerable Groups ........................................................................................................................................................... 55 6.9. Conflict and Security Issues ............................................................................................................................................. 55 7.PROJECT IMPACT IDENTIFICATION .............................................................................................................. 56 7.1. Project Affected Persons (PAPS) ...................................................................................................................................... 56 7.1.1. Fully Affected PAPs .......................................................................................................................................................... 56 7.1.2. Partially Affected PAPs ................................................................................................................................................... 56 7.1.3. Impact on Vulnerable PAPS ............................................................................................................................................. 56 7.1.4.Impact on Women ............................................................................................................................................................ 57 7. 2. Impact on Physical Assets ............................................................................................................................................... 59 7.2.1. Impact on Agricultural land ............................................................................................................................................. 59 7.2.2. Impact on Trees and Plantations ...................................................................................................................................... 59 7.2.3. Impact on Housing........................................................................................................................................................... 60 7.2.4. Impacts on Social Infrastructure and Utilities ................................................................................................................. 60 7.2.5 Impacts due to ancillary work sites ................................................................................................................................... 61 8.VALUATION AND COMPENSATION METHODS FOR LOSS OF ASSETS ........................................................... 67 8.1. Compensation Procedures and Approach ........................................................................................................................ 67 8.2. Basis for Valuation ........................................................................................................................................................... 68 8.2.1. Valuation for Loss of Houses ........................................................................................................................................... 68 8.2.2. Valuation for permanent Loss of Agricultural Land / Crop Loss ...................................................................................... 69 8.2.3.Valuation for Temporary Dispossession of Agricultural Land .......................................................................................... 70 8.2.4. Valuation for Impacts on Different Types of Trees .......................................................................................................... 70 iii | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 8.2.5. Valuation for Public Utility Lines...................................................................................................................................... 71 8.2.6. Valuation for Buffer zone to mitigate impacts at Quarry km 129+200........................................................................ 71 8.2.7. Livelihood Restoration ..................................................................................................................................................... 71 9.IMPLEMENTATION PROCEDURE AND ORGANIZATIONAL RESPONSIBILITY .................................................. 72 9.1. Organizations at Federal Government Level .................................................................................................................... 73 9.2. Regional Government Level ............................................................................................................................................. 73 9.3 Responsibility of Stakeholders for Implementation of RAP at Project area level .............................................................. 73 9.4 Coordination between different agencies and jurisdiction ............................................................................................... 75 9.5. Resettlement / Implementation Committee .................................................................................................................... 75 9.6. Property Valuation Committee ........................................................................................................................................ 76 9.7. Capacity Building for RAP Implementers ......................................................................................................................... 76 9.8. Land acquisition processes and responsibilities for ancillary work sites .......................................................................... 77 9.9 Ancillary work sites ........................................................................................................................................................... 77 10.GRIEVANCE REDRESS MECHANISM ........................................................................................................... 78 10.1 Role of the Grievance Redress Committee ...................................................................................................................... 79 10.2. Grievance Arbitration/Redress Procedures .................................................................................................................... 79 10.3. Members of the Grievance Redress Committee ............................................................................................................. 80 10.4. Roles and Responsibilities of the Grievance Redress Committee ................................................................................... 80 11.DISCLOSURE OF RAP AND SCHEDULING .................................................................................................... 80 11.1.Disclosure of RAP............................................................................................................................................................ 80 11.2.Scheduling ...................................................................................................................................................................... 81 12.RESETTLEMENT IMPLEMENTATION COST AND BUDGET .......................................................................... 83 12.1. Summary of RAP Budget and Cost ................................................................................................................................. 83 13. MONITORING EVALUATION AND REPORTING .......................................................................................... 84 13.1. General .......................................................................................................................................................................... 84 13.2.Internal Monitoring ........................................................................................................................................................ 85 13.3. Performance monitoring................................................................................................................................................ 85 13.4. Impact Monitoring ......................................................................................................................................................... 85 13.5. Compliance Monitoring ................................................................................................................................................. 86 13.6.External Monitoring ....................................................................................................................................................... 88 13.7.Monitoring Plan .............................................................................................................................................................. 88 13.8. Gender Monitoring and Evaluation in RAP..................................................................................................................... 89 14. CONCLUSION AND RECOMMENDATIONS................................................................................................. 90 REFERENCES ............................................................................................................................................ 91 ANNEXES ................................................................................................................................................... 92 Annex :-1. Minutes of Meetings ............................................................................................................................................ 92 Annex:-2. Lists of Affected Households and Properties with Corresponding Compensation Cost ..................................... 92 Annex:-2.1. Lists of Affected Houses .................................................................................................................................... 92 iv | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Annexdix:-2.2. Lists of Affected Fence ................................................................................................................................. 92 Appendix:-2.3. Lists of Affected Farmland .......................................................................................................................... 92 Annex-2.4. Lists of Affected Trees ........................................................................................................................................ 92 Annexix-3 List of Ancillary work sites.................................................................................................................................. 92 Annex: - 4 TOR for Environmental and social management ............................................................................................... 92 Annex: - 5 Typical project photos and sample photographs of minutes of meeting ............................................................ 92 Annex – 6 Project Maps , Plans And Typical cross sections ................................................................................................ 92 v|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Lists of Tables Table 1:--Summary of Comparison of the Ethiopian Legislation and World Bank’s Operational Policy and Gap Filling Measures...................................................................................................................................................................... 20 Table 2:-- Institutions participate in RAP preparation and Implementation ............................................................... 33 Table 3:--Project Entitlement Matrix ........................................................................................................................... 36 Table 4:- Typical consultations conducted with PAPs.................................................................................................. 44 Table 5:-Distribution of Population by Sex in the Project Impact Region, Zone and Woreda ..................................... 48 Table 6:- Summary of Land Acquisition Requirements................................................................................................ 59 Table 7:-Type and Number of Trees Affected .............................................................................................................. 60 Table 8:-Summary of Affected Building Structures...................................................................................................... 60 Table 9:- Summary of affected properties at buffer zone of quarry km 129+200 ...................................................... 64 Table 10:- Replacement cost by type of impact .......................................................................................................... 67 Table 11:-Types of Structures and Average Construction Cost ................................................................................... 68 Table 12:-Valuation formula for perennial crops......................................................................................................... 69 Table 13:-.Types of Losses from Agricultural Land ...................................................................................................... 69 Table 14:- Summary of crop land affected along the road and cost for Compensation ............................................. 70 Table 15:-Estimated Compensation Cost for Affected Trees....................................................................................... 70 Table 16:- summary of compensation estimates for buffer zone at Quarry at km 129 +200 .................................... 71 Table 17:- List of organizations responsible for RAP preparation and Implementation ............................................. 73 Table 18:- List of the ancillary work sites ..................................................................................................................... 77 Table 19:- RAP Implementation and Resource Schedule ............................................................................................ 83 Table 20:--Summary of Compensation Costs and Estimated budget for RAP Implementation ................................ 84 Table 21:--RAP Monitoring Indicators ...................................................................................................................... 87 Table 22:--Output indicators with tentative implementation timeframe ................................................................................. 88 1|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Lists of Figures Figure 1:- Project Location Map Lot2 ........................................................................................................................... 13 Figure 2:-Consultation at Gida Ayana Woreda Admnistration and Ejere Kebele Respectively .................................. 40 Figure 3:- Consultation with PAPs adjacent to Quarry km 129 +200........................................................................... 45 Figure 4:- Map showing locations of town and village centres where public consultation conducted..................... 46 Figure 5:- Location Map of ancillary work sites ........................................................................................................... 64 Figure 6:-Location Map of Quarry Site ......................................................................................................................... 65 2|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Acronyms and Abbreviations CIS Corrugated Iron Sheet CSA Central Statistical Authority EIA Environmental Impact Assessment ERA Ethiopian Roads Authority ERTTP Ethiopian Rural Travel and Transport Programme ESDP Education Sector Development Program ESIA Environmental and Social Impact Assessment ESMT Environmental and Social Management Team ETP Education and Training Policy FDRE Federal Democratic Republic of Ethiopia FGD Focus Group Discussion FHH Female Headed Households ha hectare HAPCO HIV/AIDS Prevention and Control Office HH House Hold HIV/AIDS Human Immuno Virus/Acquired Immuno Deficiency Syndrome HSDP Health Sector Development Programme IMT Intermediate means of Transport Km kilometer MOFE Ministry of Forest and Environment MoFED Ministry of Finance and Economic Development NAP-GE National Plan of Action for gender Equality NGO Non Governmental Organization NMT Non Motorized Transport NPA National Plan of Action OD Operational Directive PAP Project Affected Persons PASDEP Plan for Accelerated and Sustainable Development to End Poverty PLWHA People Living with HIV/AIDS RAP Resettlement Action Plan ROW Right of Way SIA Social Impact Assessment STD Sexually Transmitted Disease TB Tuberculosis WB World Bank 3|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Glossary of Terms Compensation—Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off date—Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Economic displacement—Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) resulting from the construction or operation of a project or its associated facilities. Involuntary resettlement—Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Land expropriation—Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses Project-affected household—All members of a household, whether related or not, operating as a single economic unit, who are affected by a project. Project-affected person—Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Physical displacement—Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location. Replacement cost—The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures, IFC defines “replacement costs” 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, plus the cost of any registration and transfer taxes; ■ land in urban areas—the market value of land of equal size and use, with similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; ■ household and public 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 any registration and transfer taxes. 4|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) In determining the replacement cost, depreciation of the asset and the value of salvage materials are not considered, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Resettlement Action Plan (RAP)—The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement assistance—Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Vulnerable groups—People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Squatters & Encroachers - Groups of people or individuals without legal titles to the land and structures occupied/used by them. The term ‘squatters’ is typically used for those occupying structures for residential/commercial purposes, while ‘encroachers’ are those occupying land for agriculture. Any person who constructs a house or a structure in the right-of-way; and persons who extend their property into land that does not legally belong to them after an established cut-off date are categorized as Encroachers. Squatter refers to Any and all individuals who occupied unused land, either to farm it or to build a house on it, without having a legal right to do so. Disturbance Compensation---- Any Assistance made for PAPs until Livelihood Restoration Measures Implemented Relocation Allowance----Any Assistance made for PAPs during relocation to new site and or houses including cost of shifting Census------ Complete Enumeration of the Project Affected Persons (PAPs) and registering them according to location Eligibility Criteria------Established and disclosed criteria by which all Project affected Persons (PAPs) will be considered eligible for compensation and other resettlement assistance 5|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) E. EXECUTIVE SUMMARY General The Government of the Federal Democratic Republic of Ethiopia (FDRE) through Ethiopian Road Authority (ERA) has allocated funds (financed by the World Bank) for the Design Improvement Works, Management and Maintenance Services for the Nekemte-Bure Road Upgrading Project under an output and Performance Based Road Contract (OPRC) (Design – Build – Maintain) Lot 2: Andodie - Agamsa Section (87.65 km). The construction of the project road will improve the livelihood of the local populations and will contribute to the growth and development of trade and urban centers, improvement of crop and livestock production and its marketing network. The natural resource and human resource potentials are also highly important in contributing to the development of the project area. In terms of impact, the project road is expected to have both positive and negative impacts in the direct Project Influence Area (PIA), as well as in the indirect influence area. The potential social impacts will be quicker felt in the direct influence area. The adverse (or negative) social impacts are very minimal and could not make significant impacts that will impede the life of the local population. This Resettlement Action Plan (RAP) is prepared to avoid and minimize the impoverishment of Project Affected Persons (PAP) and ensure that they receive appropriate compensation and rehabilitation measures. The RAP presents the number of Project Affected Persons, size of affected properties and the income restoration measures to be made for the PAPs, and establishes methodologies for compensation estimate and payment. Since this is a design and build project, this RAP is prepared only for the first 24 kms of lot 2 Andodie-Agamsa (km 116 +000 to km 140 +000) for which the detailed design is completed. This RAP builds on ERA’s Resettlement/Rehabilitation Policy Framework and World Bank’s policy on involuntary resettlement (OP/BP 4.12). The WB policy on involuntary resettlement addresses the need for the treatment of project impacts, which cannot be avoided. The policy objectives are either to avoid or minimize involuntary resettlement; if carried out to execute as sustainable development programme and to aid displaced persons so that they could be able to restore or improve their livelihood. The policy also sets eligibility criteria, resettlement instruments and monitoring, and other provisions. The preparation and content of this RAP is within Ethiopia’s existing legal and administrative framework and World Bank’s policy on involuntary resettlement (OP4.12). In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia (FDRE) law and that of the WB Policy, the Bank policy will prevail as the final and this RAP will be an international credit agreement between the Government of Ethiopia and WB. Objective The objective of this Resettlement Action Plan (RAP) is to minimize the risks from the Nekemte-Bure; Lot 2: Andodie-Agamsa road project by avoiding displacement of people. The RAP designs compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance. Approach and Methodology The approach and methodology followed in the preparation of this RAP include the following: • Review of national environmental policies, strategies, legislations and guidelines, 6|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Review of data and information from secondary sources, • Detailed field investigations along the entire section of the proposed road alignment, • Baseline data collection of projects affected persons and identification of affected properties and assets and • Conducting consultations with project affected persons, local population and with key stakeholders in the project area. Description of the Project The project road Andode- Agamsa (Lot two) is part of the Nekemte – Bure road. It is located in the western part of Ethiopia, which connects two administrative zones located in Oromia National Regional State; namely: East Wollega and Horo Guduru Wollega Zones. The total length of the road is about 87.65 km; and it traverses three Woreda Administrations such as Guto-Gida, Kiramu and Hamuru also traverses towns and villages like Doro, Ayana, Kofkoffe, Haro, Kiramu and Hagamsa. The existing road is gravel surfaced with average carriage way width 6 meters. The road is badly deteriorated and has been hampering transport development in the area, as well as causing adverse health impacts and traffic accidents. There is very limited public transport along the road, mainly due to the sub-standard and bad existing road condition. The improved road width will be 10 meters in rural areas, 12 meters in kebele settlement area and 14 meters in Woreda town sections. The areas traversed by the road have significant natural resource potential, mineral resources, while developed land areas are intensively cultivated, with high yield of agricultural products. Efficient and standardized transportation is obviously a prerequisite for further development and investment in the area and to improve the socio – economic situation of the community. The construction of the project road will improve the livelihood of the local populations that are crossed by the road project. It could also contribute to the growth and development of trade and urban centers, improvement of crop and livestock production and its marketing network. Nevertheless, the construction of the project road will cause land acquisition temporarily and permanently. Public and Stakeholders' Consultation and Community Participation Public and stakeholders’ consultations were carried out in a number of locations crossed by the project road with the objective of incorporating the views of the local community, PAPs and Government officials and experts. The consultations were conducted in the three Woredas crossed by Lot-2 project road. Accordingly, about 13 community consultation meetings were held in the affected area. The participants of the public consultation meetings were 79 in number, and of which about 26 were women. The PAPs and the public participated in the consultations reported that they are highly supportive of the construction of the new highway and think as a good opportunity that will have a considerable impact for the development of the project influence area in the future. During the public consultation the participants have reached on consensus and agreed to cooperate and to take actions that will contribute to the speedy implementation of the project road construction works and implementation of this RAP. Similarly, Woreda authorities have also agreed and committed to facilitate the implementation of the RAP and provide all necessary support needed to the construction of the road. ERA also agreed to mitigate any adverse social and economic impacts from land acquisition by providing adequate and timely compensation for loss of assets at replacement cost and will restore livelihood for PAPs affected by the project as well as improve conditions for the vulnerable persons impacted by the project. 7|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Policy, Legal and Administrative framework In the policy, legal and institutional framework Federal Democratic Republic of Ethiopia (FDRE) policies and guidelines pertinent to the project are reviewed and discussed; World Bank Operational Policy and Bank Procedures on Involuntary Resettlement (OP/BP 4.12) are also discussed. Similarly, Ethiopian Roads Authority (ERA) Resettlement/Rehabilitation Policy Framework (RPF) is also reviewed and discussed. Regarding expropriation of land for public use, the Federal Democratic Republic of Ethiopia (FDRE) has issued two proclamations (455/2005 and 456/2006), which deal with the expropriation of land holdings for public purposes and payment of compensation. There is also a regulation issued by the Council of Ministers (regulation No.135/2007), which details and basis on the payment of compensation for property situated on land holdings expropriated for public purposes. The ERA has also prepared RPF for road projects which serve as a policy document for the valuation and compensation of Project Affected Persons (PAP). The RPF ensures that Project Affected Persons (PAP) will not be impoverished due to the adverse social impacts induced by road projects and that PAPs should be compensated for loss of assets at replacement cost and be assisted in case of relocation or resettlement. Eligibility Criteria The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual and Involuntary Resettlement Policy. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation. All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their loss (permanent or temporary) at replacement cost. All PAPS, with or without legal tile, are taken into consideration and accounted for. Also, due compensation will be paid for public utilities, telephone and electricity poles as well as water distribution points and water pipelines. ` Compensation, both small and large amounts, will be paid either in cash or by cheque, following the agreement with the individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs. The cut-off date for compensation eligibility has been set at November 30, 2017. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. Thus, any person who constructs a house or a structure in the right-of-way after the cut-off date will not be eligible to compensation or subsidies. The date has been made public to the people and to the local officials through formal meetings. Entitlement Framework An entitlement matrix which defines the eligibility for compensation and rehabilitation assistance for different categories of project affected persons is included in this RAP. Accordingly, all persons affected by land acquisition, and loss of houses and other assets, are entitled to a combination of compensation measures, resettlement assistance and livelihood restoration activities. However, a person who occupies the land after the cut-off date (November 30, 2017) i.e. after the completion of the census of affected households will not be eligible for compensation associated with the loss of any kind of new asset formations and /or new claim for resettlement and rehabilitation provisions. Institutions for implementing the RAP 8|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The overall responsibility for the RAP implementation is vested to ERA. As a result, ERA`s ROW Management Team in collaboration with the Woreda administration have established the RAP Committee. The RAP committee is comprised of representatives from sector offices, representatives from project affected persons (PAPs) and the ERA right-of-way agent. Effecting compensation payment for PAPs is the major responsibility of the RAP Committee. To this end, the RAP Committee prepares a practical relocation and compensation schedule. The fund for payment of the compensation will be allocated by ERA. The RAP Committee is expected to prepare monthly and quarterly progress reports which are submitted to the Resident Engineer office, ERA’s ROWMT and the town administration. Monitoring and Evaluation of the RAP process Internal and External monitoring and evaluation process have been designed as an integral part of the RAP with the objective of ensuring the RAP implementation complies with the recommendations set out in the RAP. Internal monitoring activities will be handled by the Environment Management Unit (EMU) of the Resident Engineer Office. The EMU will inspect and supervise the RAP implementation on day to day basis and capture the progress in the monthly and quarterly progress reports, which are submitted to ERA. External Monitoring will be conducted by an independent consultant who will be hired to supervise the RAP and the Environmental Mitigation Plan. Grievance Redress Mechanism Grievances redress committee is established at Woreda level with a mandate to receive and register complaints, convene meetings to resolve the complaints, and respond to the appeals resulting from property valuation committees’ decisions and any other grievances reported to them. In order to handle gender issues appropriately, women were included in GRM committee members. Potential Impacts The potential positive and negative social impacts created by the construction of the project road are identified through field surveys, consultation meetings and discussions held with Project Affected Persons (PAPs), Government officials and experts. A socio-economic study is carried out to identify potential impacts, identification of affected households and properties located along the route has been carried out; and also, measurement of affected properties and assets was conducted. Accordingly, the result of census survey and asset inventory show that a total of 779 households (5,196PAPs) are affected as a result of the Nekemte-Bure road project, Lot 2(between km 116+000 - 140 +000.) ROW widening and realignment improvement. Among the project affected households, about 217 households (1,551PAPs) will lose 38.8 hectares of farmland, 394 households (2,598 PAPs) will lose 26,428 valuable trees, 41 households (245 PAPs) will lose 42 residential houses and business enterprise and 117 Households (743 PAPs) will lose 2,370 liner meter fence. In addition, damages to properties have been identified at Quarry site km 129+200RHS, and 10 households (59 PAPs) have been considered for compensation. In addition, the road project causes a temporary loss of lands in relation to construction of diversion roads, access roads to material sources, materials processing sites and camps, and establishment of construction camps. t In general, most of the affected households are farmers that will lose strip of their land, road side trees and fence, so that what is left could be sufficient and will allow them to continue their livelihood in the remaining plot of land. However, they will be compensated for losing their crops, trees, and some other crops as per the law and the replacement cost. To compensate PAPs who have lost strip of their farmland and for the forgone benefits from farmland cash compensation is the preferred option. For those PAPs who may have lost their businesses and 9|Page Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) income sources, establishing livelihood restoration measure is required. Table below shows the list of PAPs partially and fully displaced. Partially Affected1 Total PAPs Fully Affected People Road Section Number Number of Number of of House PAPs PAPs PAPs House Hold House Hold Hold Nekemte-Bure (Lot 2) 779 5,196 30 156 749 5,040 Among the identified Project Affected Households (PAHs) the majority 674 (86.5%) are male headed households while 105(13.5%) are women headed households. The total family size of project affected persons are 5,196 out of which the majority 2,858 (55%) are male and the remaining 2,338 (45%) are female. The socio-economic survey has also identified 188 vulnerable PAPs. The identified Vulnerable PAPs constitute of elderly men, women heads of households without labour and the disabled persons. Budget Requirement for RAP The total amount of compensation estimate, which includes direct cost for PAPs including the administrative costs, is estimated to be about Birr 14,113,744 (Fourteen Million one hundred thirteen thousand seven hundred forty- four). The cost and budget estimate are prepared on the basis of the requirement as compensation payment for PAPs, rehabilitation measures for PAPs and also the budget required for Administrative costs in the implementation of this RAP. Summary of RAP Implementation Cost/Budget Items for Compensation Compensation Cost(ETB) Cost/ Budget for Compensation Payment Compensation for Loss of Houses and other Structures 3,105,483.48 Compensation for Loss of Crop land 2,511,301.65 Compensation for loss of Fruit, Timber and other 2,501,251 Compensation for relocation of poles 707,500 Compensation for PAPs at km129 +200 (Quarry site) 1,256,075.0 Sub-Total 10,081,611 Cost for Rehabilitation Support Support for vulnerable Households 970,000 Income Restoration 390,000 Sub-Total 1,360,000, Cost for Relocation & Rehabilitation Assistance 1,000,000 M&E, Training, Consultancy and other administration Costs 1,000,000 Sub-Total 2,000,000 5% contingency 672,083 Grand-Total 14,113,744 1 Partially affected people include those losing strip of farm land, but able to continue living with the remaining land holding after being compensated for loss of crops, trees, forgone benefit, etc. 10 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Disclosure of RAP Public disclosure of the RAP has to be made to PAPs and other stakeholders for review and comments on entitlement measures and other issues in the implementation of the RAP. The purpose of the disclosure is to receive comments and suggestions from PAPs and incorporate appropriate suggestions. This Resettlement Action Plan will be disclosed in a form, manner and language comprehensible to PAPs and at a place accessible to the displaced population and other stakeholders for review and comments on entitlement measures. ERA will disclose and post this RAP in its websites and receive comments. Comments and critiques made on the RAP by PAPs and other stakeholders will be taken by ERA for consideration. ERA will also conduct a half day workshop in the project area for the PAPs, stakeholders, representatives of civil societies, local leaders with the objective of disclosing the RAP. The Public disclosure of this RAP will be made in Amharic and Afar languages. This could be done; by publishing it in official Newspapers of both at the Federal Government Newspapers and also in the Regional Government Newspapers; depositing / posting it in a range of publicly accessible places; such as, Woreda offices, Municipalities and Kebele administration office. Once it is disclosed, the public have to be notified through administrative, community and clan structures about the availability of the RAP documents and be requested to make their suggestions and comments. This RAP also will be disclosed in the WB Infoshop to receive the opinion and suggestions civil societies, academics, other professionals as well. 11 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 1.Introduction 1.1. Introduction and Purpose The Government of the Federal Democratic Republic of Ethiopia (FDRE) represented by the Ethiopian Roads Authority (ERA) has allocated funds through the Road Sector Development Program Phase IV (RSDPIV) for Design- Build-Maintain Project for Nekemte-Bure Road upgrading project in order to meet the requirements of the increased socio-economic activities along the project road corridor, in the influence region as well as in the country. This Nekempte-Bure road has three lots and this RAP is prepared for the first 24 kms of lot 2 that covers a total length of about 87.65 kms; and traverses three Woreda Administrations such as Guto-Gida, Kiramu and Hamuru also traverses towns and villages like Doro, Ayana, Kofkoffe, Haro, Kiramu and Aagamsa. The purpose of the Resettlement Action Plan (RAP) is to identify the land and assets needed for the project, clearly shows the process of consultation and agreement with the affected people and communities, propose and schedule the actions that will be taken to fairly resettle and compensate affected people and communities in accordance with current legislations and policy statements. The RAP reviews FDRE Government policies and legislations, World Bank policies and procedure about resettlement, valuation and compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance. On the basis of the socio economic survey, the upgrading of the road project will have impacts both in the rural and urban sections due to the widening of the Right of Way .In urban areas it is resulted in loss of residential and business buildings and income. Similarly, in rural section of the road, farmers will lose strip of their farm land and valuable trees due to the construction works. The preparation of this RAP is based on the Federal Democratic Republic of Ethiopia laws, policies and procedures pertaining to involuntary resettlement; and also that of World Bank policies and procedures (OP/BP 4.12) on involuntary resettlement. The objectives of the RAP is to minimize the risks by avoiding displacement of people without a well-designed compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance. 1.2 Project location and description The Nekemte - Bure road project, Cont -2: Andode - Agamsa section is one section of the main Road project extending from Nekemte town up to Bure town. This section begins at out skirt of Andode village located on the existing Nekemte - Bure gravel road at (Km 86+ 100) and ends up at Agamsa town outlet (km 173 + 750). The existing road is in dilapidated condition and the project work is upgrading of this existing gravel surfaced road to a BS4 road standard, to meet the standard requirements for the growing traffic load and economic developments in the area. The project work is to be implemented in a form of Output- and Performance-based Road Contracts (OPRC) (Design – Build - Maintain contract). Contract has been awarded to JMC Projects (India) Ltd, Ethiopia Branch. The contractor will undertake the design, construction and maintenance works. The Andode- Agamsa (Lot two) project connects two administrative zones located in Oromia National Regional State; East Wollega and Horo Guduru Wollega Zones, and traverses three Woreda Administrations (Guto-Gida, Kiramu and Hamuru woredas). It also traverses towns and villages like Doro, Ayana, Kofkoffe, Haro, Kiramu and Hagamsa. The total length of the road is about 87.65 km 12 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The existing road is gravel surfaced with average carriage width of 6 meters. The existing road is badly deteriorated and has been hampering transport development in the area, as well as causing adverse health impacts and traffic accidents. There is very limited public transport along the road, mainly due to the sub-standard and bad existing road condition. The improved road width will be 7 meters in rural areas, 12 meters in kebele centers and 14-meter in woreda town sections. The areas traversed by the road have significant natural resource potential, mineral resources, while developed land areas are intensively cultivated, with high yield of agricultural products. Efficient and standardized transportation is obviously a prerequisite for further development and investment in the area and to improve the socio – economic situation of the community. The construction of the project road will improve the livelihood of the local populations that are crossed by the road project. It could also contribute to the growth and development of trade and urban centers, improvement of crop and livestock production and its marketing network. Nevertheless, the construction of the project road will cause land acquisition temporarily and permanently. Figure 1:- Project Location Map Lot2 1.3. Scope and Objectives of the RAP ▪ The main purpose of this Resettlement Action Plan (RAP) is to identify adverse social impacts caused by the road project and to suggest mitigation measures and procedures to be followed. Accordingly, social impact assessment was carried out along the Nekemte-Bure road upgrading project (Andodie-Agamsa Lot II with in the ROW limit based on the finally approved Engineering Design. The road project involves acquisition of land for the road alignment and this will cause displacement of people and require involuntary resettlement for some of the project beneficiaries that fall within the ROW. These are serious problems, if not handled proactively as these are the major components of the socio – economic impacts which may lead to loss of land, crops, dismantlement of production systems, disintegration of the social fabric and dissemination of sexually transmitted diseases (STDs) and pandemic of HIV/AIDS. As a result, the household census survey and asset inventory were focused on project-affected property owners located in the first 24 kms along the lot 2 project road corridor. 13 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Therefore, in line with the overall requirements of the TOR, the objectives of this Resettlement Action Plan Study are to: ▪ Identify the number of households to be affected by the road project ▪ Identify the type and magnitude of properties to be affected due to the project. ▪ Prepare RAP in line with the available legal and policy frameworks for the people who will be displaced due to the proposed road project and. ▪ Prepare compensation mechanism for the people whose property is going to be affected during project implementation. ▪ Promote local people participation to make the project effective and sustainable by establishing transparent working procedure between ERA and the local people. 1.4. Study Approach and Methodology In order to obtain qualitative and quantitative data to be used in the RAP preparation, both secondary and primary data collection techniques were employed. Through documentary review secondary data was gathered, while primary data was collected by using household census survey and public as well as stakeholder’s consultation. Accordingly, 779 projects affected households (PAHs) were contacted during door to door census survey and asset inventory, out which 105 were women headed households. In addition, about 13 public consultations/focused group discussions were held with more than 140 PAPs and communities attending consultation meetings. Among the total public consultation participants 34 were vulnerable female household heads without labour and low economic position. Moreover, in the project road corridor, consultation with stakeholder were held twice in GidaAyana and Kiramu Woredas with 18 participants drawn from Woreda sector offices (experts and Woreda cabinet members). During public and stakeholders` consultations that lasted for 1 to 2 hours each, a number of important points were raised and discussed. Key agenda points that were forwarded for discussion from PAPs and community groups included impacts of the project both positive and negative on local community members, issues regarding property registration and valuation for compensation, presentation and discussion of compensation options available to PAPs. (for more information please refer Chapter 4 as well as Annex 1 and 2). 14 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 2.Policy, Legal and Institutional Framework 2.1. Policy and Legal Frameworks This sub-section reviews relevant Government policies as well as legislative frameworks both at Federal and Regional level and that of the financier particularly the World Bank.. 2.1.1. Land ownership policy in Ethiopia Land in Ethiopia is a public property and that no individual person has the legal right of ownership, and hence, rural or urban land could not be sold or mortgaged or transferred; citizens have usufruct right only over land. Usufruct right gives the user of the land the right to use and the right to benefit from the fruits of her/his labor which may be crops, trees, etc. found on the land or any permanent works such as buildings etc. In Ethiopia, land ownership is basically a constitutional issue. According to the Constitution of Federal Democratic Republic of Ethiopia (FDRE) article 40.3, land is a public property that no individual person has the legal right of ownership. There is no private ownership of land in Ethiopia, as per FDRE constitution Article 40 (the Right to property) No.2, “Land is a common property of the Ethiopian Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange”. The Constitution states that the Government has the right to expropriate private property for public use subject to payment in advance of compensation commensurate to the value of the property. The FDRE Constitution (Article 40, No. 8) states that the Government has the right to expropriate private property for public purposes by providing the appropriate compensation. FDRE Constitution lays down the basis for the property to be compensated in case of expropriation as a result of State programs or projects in both rural and urban areas. Persons who have lost their land because of acquisition of such land for public projects are entitled to be compensated to a similar land plus the related costs arising from relocation; assets such as buildings, crops or fruit trees that are part of the land etc. Hence, Article 40 No.7 FDRE Constitution states the right of citizens to develop the land and to have immovable property and make permanent improvements. “Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labor or capital. This right shall include the right to alienate, to bequeath, and, where the right use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law”. Article 40, No. 8 of the Constitution, states that if the land that is used by an individual is expropriated for public use, the person is entitled for compensation; “… the Government has the right to expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of property”. Regarding displacement of the public due to development projects, the FDRE Constitution of Article 44 (Environmental Rights) No.2 states that: “All persons who have been displaced or whose livelihoods have been adversely affected because of state programs have the right to commensurate monetary or alternative means of compensation, including relocation with adequate state assistance”. 15 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 2.1.2.Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 The Government of FDRE has issued legislation in July 2005 for the expropriation of landholdings, which is known as “Expropriation of Land Holdings for Public Purposes and Payment of Compensation (Proclamation No. 455/2005).” The objectives of the proclamation are to minimize and mitigate the impacts due to the expropriation of landholdings for public purposes. The proclamation clarifies and defines who has the power to expropriate landholdings either in urban or rural sections of the country. As per the proclamation, the power of expropriation of landholdings mainly rests on Woreda or urban administration authorities. Article 3 No.1 of the proclamation states that: “A Woreda or an urban administration shall, upon payment in advance of compensation in accordance with this proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.” A land holder whose land has been expropriated for public use by the concerned government authorities is entitled for compensation for his property situated on the land and for the permanent improvements he made on the land. The amount compensation to be paid for the property situated on the expropriated land will be determined or calculated on the basis of full replacement cost. For houses in urban areas, the amount of compensation will not be less than the current market value of construction. Woreda or urban administration once received details on land acquisition for the construction works from ERA has to notify in writing to the entity (which is either an individual or an organization) to be expropriated indicating the time not less than 90 days when the land has to be vacated and the amount of compensation to be paid. The PAPs once notified will be immediately compensated for lost assets and properties prior to their relocation or vacating the land. A rural land holder, where his land does not have any crop or other property on the expropriated land should hand over within 30 days. The proclamation also clarifies how utility lines that are owned and provided by Federal or Regional government offices, or by a public enterprise should be treated and compensated. Utility lines could only be removed from expropriated land by payment of compensation. The project owner has the responsibility to inform the utility provider in writing by indicating the exact location of the lines that will be removed. The utility provider is responsible in determining the amount compensation which is required for replacing the lines within 30 days of notice; and the body which requested the removal of utility line has also to pay compensation within 30 days from the date of the receipt of the valuation. Any expropriated property; in addition to the amount of compensation payment it will also receive a provision for cost of removal, transportation and erection. Concerning displacement compensation for rural land holdings; A rural landholder whose land holding has been permanently expropriated shall, also be paid displacement compensation equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land (Part 3, article 8). 16 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The above proclamation also states that the valuation of property shall be determined on the basis of valuation formula to be adopted at national level by the Ministry of Federal Affairs. However, until such time valuation of properties will be carried out by property valuation committees to be established both in rural and urban areas as stated in article 10 of the proclamation. 2.1.3.FDRE Council of Ministers Regulation No. 135/2007 FDRE Council of ministers issued a regulation on July 2007, regarding the payment of compensation for property situated on land holdings expropriated for public purposes. The regulation provides the basis for compensation of affected properties and to assist the displaced or affected persons to restore their livelihood. The regulation sets the methods for the assessment of compensation, provision of land for land replacement and payment of displacement compensation. The methodology followed by the regulation for the assessment of compensation establishes the basis and formula for compensation that will be made for the different types of assets and categorizes into ten parts. The regulation recognizes that land replacement should be made for urban and rural lands. In rural areas if land replacement is not possible for permanently affected land, PAPs will be compensated for the affected perennial crops ten times of the annual production. For temporary impact the amount of compensation will be calculated by the number of years the land is occupied by the project. 2.1.4.Proclamation on Rural Land Administration and Land Use Proclamation No 456/2005 This Proclamation, Proc. No. 456/2005, came into effect in July 2005. The objective of the Proclamation is to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure. Ministry of Agriculture is charged with the responsibility of executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law. According the Proclamation where land which has already been registered is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc. 2.1.5. Proclamation on Research and Conservation of Cultural Heritage Proclamation No. 209/2000 provides legal framework for Research and Conservation of Cultural Heritage. The Proclamation establishes the Authority for Research and Conservation of Cultural Heritage (ARCCH) as a government institution with a juridical personality. In addition, it has provisions for management, exploration, discovery and study of Cultural Heritage and miscellaneous provisions The Proclamation defines the objectives, powers and duties of the Authority (ARCCH. It also has provisions on Management of Cultural Heritage. Among these are provisions on Ownership and Duties of Owners, Classification, Registration, Conservation and Restoration, Removal, the Use, and Expropriation of Cultural Heritage, Preservation of Cultural Heritage Situated on Land given in Usufruct, and Establishment of Museum. Furthermore, the Proclamation provides Articles on Exploration, Discovery and Study of Cultural Heritage. Article 41 is on Fortuitous Discovery of Cultural Heritage and Sub-Article (1) states that, any person who discovers any 17 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Cultural Heritage in the course of an excavation connected to mining explorations, building works, road construction or other similar activities or in the course of any other fortuitous event, shall forthwith report same to the Authority and shall protect and keep same intact, until the Authority (ARCCH) takes delivery thereof. Connected to this, Sub-Article (2) states that, the Authority shall, upon receipt of a report submitted pursuant to Sub-Article (1) hereof, take all appropriate measures to examine, take delivery of and register the Cultural Heritage so discovered. Under Miscellaneous Provisions, the Proclamation states that, any person who holds permit to conduct construction works in a reserved area [an area declared to be containing an assemblage of immovable Cultural Heritage or an archaeological site] and who discovers Cultural Heritage in the course of construction activities shall stop construction and shall forthwith report same in writing to the Authority. 2.1.6.National Policy on Women The National Policy on women was issued in March 1993 emphasizing that all economic and social programs and activities should ensure equal access for both men and women to the country’s resources and in the decision- making process so that women can benefit equally from all activities carried out by the Federal and Regional Institutions. Among the main policy objectives is that laws, regulations, systems, policies and development plans that are issued by the government should ensure the equality of men and women and that special emphasis should be given to the participation of rural women. 2.1.7.ERA`s Resettlement/Rehabilitation Policy Framework Apart from the broad policy frameworks at national level, the main reference behind the preparation of a Resettlement Action Plan (RAP) is ERA’s guiding principles as stipulated in its Resettlement and Rehabilitation Policy Framework (RPF), issued in February 2002 and revised in December 2006.The principles in the framework are adopted basically from the World Bank`s policy on resettlement and rehabilitation. The following statement is quoted from the ERA`s Resettlement and Rehabilitation Framework to show when and where a RAP is required or not. At project identification, social screening/social impact assessment (SIA) of the subprojects will be conducted with the aim to determine if a subproject requires detailed resettlement action plans as specified in World Bank Policy. The principles of compensation/rehabilitation will be triggered wherever there will be a land requirement and adverse social impacts. The RPF contains various elements that ERA should follow regarding compensation procedures. The RPF also clarifies the principles of reinforcement measures for the positive social impacts and mitigation measures for addressing negative social impacts induced by road projects. The policy framework stresses the need to consult and compensate project-affected persons (PAPs) in relation to resettlement / relocation and for loss of assets and properties that are affected due to the construction of road projects. The focus should be on restoring the income earning capacity of the project-affected-persons. The aim should be to improve or at least sustain living conditions prior to project operation or resettlement. The legal framework in general deals with operational procedures, legal framework for expropriation and compensation, institutional framework, socio-economic background of PAPs, social impacts of the road rehabilitation program, valuation procedures, consultation and participation procedure, and monitoring and evaluation arrangements. Regarding compensation procedures and establishing compensation rates, ERA establishes compensation committees at project area level by enlisting representatives from government offices and representatives of project-affected persons (PAPs). The compensation committees have the function of conducting the registration of affected properties and the number of PAPs and determining the compensation rates. 18 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) This policy is triggered by the road projects under review since it will affect households by causing dismantling of residential and business houses, loss of agricultural lands and disruption of business activities and loss of livelihood sources. 2.2.Regional Policy The regional policy of the Oromia and Amhara National Regional States was developed based on the national policy framework considering the regional peculiarities of resources and constraints of the respective National Regional States. The regional policies are not different from the national and emanate from the national framework and targets but consider the specific regional conditions, potentials and capabilities. 2.3. World Bank Policy on Involuntary Resettlement [OP 4.12] The World Bank (WB) has set a policy and procedures on involuntary resettlement (OP/BP 4.12). The policy addresses the need for the treatment of project impacts, which cannot be avoided. The policy also sets eligibility criteria, resettlement instruments and monitoring, and other provisions. The objectives of the WB policy include; • Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development program, providing sufficient investment resources to enable persons displaced by the project to share in project benefits. Displaced people should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement program. • Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 2.3.1.Comparisons of the National Polices and the World Bank OP 4.12 There are several differences and gaps between the national policies and legislation and the World Bank Policy OP 4.12. These gaps relate to the general principles for resettlement, eligibility criteria, the notification period for expropriation and resettlement, and the procedures required throughout the resettlement process. The gap filling measures have been developed in the below table to ensure compliance with the two sets of laws and policies for this project. Where there are differences between national laws and OP 4.12, the latter shall prevail in the case of this Project. 19 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Table 1:-- World Bank Op 4.12 Ethiopian Comparison GAP Filling Measures Summar Legislation y of Compari son of the Ethiopia n Legislati on and World Bank’s Operatio nal Policy and Gap Filling Measure sTheme Policy World bank OP4.12 has overall policy Proclamation No The World Bank World Band OP 4.12 overall objectives shall Objectives objectives, requiring that: 455/2005 (Article requirement for be applied to avoiding or minimizing Involuntary resettlement should be 3(1)) gives power to avoidance or involuntary resettlement to ensure avoided wherever possible, or minimized, Woreda or urban minimization of resettlement program is sustainable and exploring all alternatives. administrations to involuntary includes meaningful consultation. Resettlement program should be “expropriate rural or resettlement is not sustainable, include meaningful urban landholdings for written into consultation with affected parties and public purpose where Ethiopian provide benefits to the affected parties it believes that it legislation. 20 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Displaced persons should be assisted in should be used for a Proclamation No improving livelihoods etc or at least better 455/2005 does not restoring them to previous levels development…” This is indicate supported by Article consultation with 51(5) and Article 40(8) displaced persons of the 1995 throughout the Constitution. resettlement Proclamation No process, rather 455/2005 (Article 7(5) only allows for a states that” the cost complaints and of removal, grievance process. transportation and Although erection shall be paid Proclamation No as compensation for a 455/2005 allows property that could be for some form of relocated and support to the continue to serves as displaced persons, before.” it does not explicitly state that livelihoods should be restored to previous levels or improved. Notification Article 10 of World Bank OP4.12 requires Article 4 of There is a gap in Displaced person should always be paid period /timing that the resettlement activities associated Proclamation No Proclamation No compensation and support before the land of with a sub -projects are linked to the 455/2005 requires 455/2005 to allow is handed over, as per World Bank OP4.12. displacement implementation of development program notification in writing, land to be to ensure displacement or restriction of with details of timing expropriated access does not occur before necessary and compensation, before necessary measures for resettlement are in place. In which cannot be less measures for 21 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) particular, taking of land and related assets than 90 days from resettlement take may take place only after compensation notification. It place, particularly has been paid and where applicable, requires that land before the resettlement sites and moving allowances should be handed displaced person have been provided to displaced persons. over within 90 days of has been paid. This payment of can have serious compensation consequences for payments. If there is those affected, as no crop or other they may be property on the land, displaced without it must be handed shelter or over within 30 days of livelihood. notice of expropriation. It further gives power to seize the land through police force should the landholder be unwilling to hand over the land Eligibility for World Bank OP4.12 gives eligibility to: Proclamation No According to World The requirements of World Bank OP4.12, Compensation Those who have formal legal rights to the 455/2005, Article 7(1) Bank OP4.12, as described in Column 1 of this table, land; allows’ landholders’ to eligibility for expected to be applied, Those who do not have formal legal be eligible for compensation is rights to land, but have a claim to such compensation, where granted to land; and the term “landholder” “affected parties". (Article2(3) means” Those who do not have recognizable legal and individual, OP 4.12 provides right or claim to the land, but invested on government or private compensation for the land they do not own (eg squatter) organization or any loss of assets and 22 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) other organ which has livelihood but legal personality and does not provide have lawful entitlement for possession over the land that they do land to be not posses. expropriated and owns property situated thereon” Ethiopian Legislation only grants compensation to those with lawful possession of the land, and as per Proclamation No 456, those with traditional possession i.e. Communal lands. It therefore does not recognize those without a legal right or claim as eligible for compensation. World Bank OP4.12 Article 6(a) requires Article 7 of The World Bank The World Bank requirements for Compensation that displaced persons are provided with Proclamation No. requirement for compensation must be followed, as per prompt and effective compensation at 455/2005 entitles the compensation and OP4.12 footnote 1, which states, “Where full replacement cost for losses of assets landholder to valuation of assets domestic law does not meet the standard attributable directly to the project. If compensation for the it that of compensation at full replacement cost, 23 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) property on the land physical relocation is an impact, displaced compensation and compensation under domestic law is persons must be provided with assistance on the basis of relocation must supplemented by additional measures replacement cost; and during relocation and residential housing, result in the necessary to meet the replacement cost permanent housing sites and /or agricultural sites to affected person standard” at least equivalent standards as the improvements to the must have property previous site. Replacement cost does not land, equal to the and a livelihood value of capital and take depreciation into account. In term of returned to them labour expended. valuing assets. If the residual of the asset to at least Where property is on being taken is not economically viable. In equivalent urban addition, the PAPs are eligible for salvage land, standards as value. compensation may before. This is not not be less than clearly stated in constructing a single local room low cost house Proclamations. It is as per the region in expected that the which it is located. It regulations and also requires that the directives will cost of removal, provide more transportation and clarity and clearer erection will be paid guidance in this as compensation for a regard. relocated property continuing its service as before. Valuation formula are provided in Regulation No. 135/2007 According to OP4.12, Article 14 and 18), Article 5 of The process As per the World Bank requirements, Responsibilities the borrower is responsible for Proclamation No required for the project processes included screening, a of the project conducting a census and preparing, 455/2005 sets out the project proponent census, the development of a plan, 24 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) proponent implementing, and monitoring the responsibilities of the / implementing management of compensation payments appropriate resettlement instrument. implementing agency, agency lacks and monitoring and evaluation of success. Article 24 states that the borrower is also requiring them to descriptive It must also include proper consultation responsible for adequate monitoring and gather data on the processes in local with the affected parties throughout the evaluation of the activities set forth in land needed and legislations... process. the resettlement instrument. In addition, works, and to send upon completion of the project, the this to the appropriate borrower must undertake an assessment officials for to determine whether the objectives of permission. If also the resettlement instrument have been requires them to pay achieved. This must all be done according compensation to to the requirements of OP4.12. Article 19 affected landholders. requires that the borrower inform potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. Squatters & illegal OP 4.12 states that squatters have equal The Ethiopian law does According to World The requirements of World Bank OP4.12, as described in Column 1 of settlers rights for compensation of assets and not accommodate Bank OP4.12, The World Bank requirements for compensation must be followed, livelihood but does not give eligibility of land squatters and illegal eligibility for standard of compensation at full replacement cost, compensation u for land for the land they do not own. settlers. compensation is replacement cost standard” granted for loss of assets and livelihood to “affected parties". but does not provide entitlement for land that they do not posses 25 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Ethiopian Legislation only grants compensation to those with lawful possession of the land, and as per Proclamation No 456, those with traditional possession i.e. Communal lands. It therefore does not recognize those without a legal right or claim as eligible for compensation. Assistance to WB policy states that tenants should be provided The Ethiopian law does not The requirements of World Bank OP4.12, tenants with rent and related supports and with income provide any assistance for as described in Column 1 of this table, restoration measures those tenants renting expected to be applied, houses either from individuals or government. It only mentions provision of rehabilitation support to the extent possible. It does not specify what this rehabilitation support will be and how it will be provided. Grievance redress WB policy recognizes that PAPs should be Fails to recognize that The requirements of World Bank OP4.12, represented and that their grievances addressed. PAPs should have a voice 26 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) by electing their as described in Column 1 of this table, representatives to the expected to be applied, arbitrational tribunal or being represented in the other committees. Involvement of The Bank`s policy clearly states the The Ethiopian law also The requirements of World Bank OP4.12, NGOs and CBO involvement of non-state actors such as does not clearly show as described in Column 1 of this table, participation NGOs and CBOs in monitoring and providing expected to be applied, how NGOs, CBOs and socio economic support to displaced Faith based organization populations. can participate and contribute. Public Consultation Bank policy states and gives high importance Proclamation 455/2005 The requirements of World Bank OP4.12, to public consultations and considers their does not clarify or as described in Column 1 of this table, views and opinion to influence the specify how and why expected to be applied, implementation of the project public consultation should be carried out. Cut-Off date The Bank Policy provides the Cut-off date— Proclamation 455/2005 The requirements of World Bank OP4.12, Date of completion of the census and assets does not clarify or as described in Column 1 of this table, is inventory of persons affected by the project. specify the cut-off date expected to be applied for this project. Persons occupying the project area after the for eligibility. cutoff date are not eligible for compensation As per the RPF in this project squatters will and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, be considered to have equal rights for fruit trees, and woodlots) established after compensation for the land they occupy and the date of completion of the assets other assistance indicated in the policy. inventory, or an alternative mutually agreed on date, will not be compensated. OP 4.12 states that squatters are 27 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date. Support to Bank policy gives high importance that Does not have any The requirements of World Bank OP4.12, vulnerable groups vulnerable groups should be given fair provision to assist as described in Column 1 of this table, treatment and also receive support in training Vulnerable and expected to be applied, and rehabilitation measures. disadvantaged groups. Disclosure of According to the World Bank`s Article 4 of The requirements of World Bank OP4.12, information Proclamation No as described in Column 1 of this table, Operational Policy 4.0, Sponsors must provide copies of the RAP—along with all 455/2005 requires expected to be applied, notification in writing, other documents related to a project’s with details of timing environmental assessment—to IFC for and compensation, submission to the World Bank InfoShop which cannot be less for public access at least 60 days before than 90 days from IFC’s formal consideration of the project notification. It for financing. In addition to complying requires that land with any host country disclosure should be handed over within 90 days of requirements, the sponsor must ensure payment of that the RAP is available throughout the compensation project area. To this end, the sponsor payments. If there is 28 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) may be required to prepare summaries of no crop or other the RAP in local languages for distribution property on the land, to accessible points within the project it must be handed over within 30 days of area. The 60-day disclosure period will notice of allow time for all interested and affected expropriation. It parties to submit their comments and further gives power to concerns about the RAP. seize the land through police force should Under certain circumstances, based the landholder be entirely on the judgment of IFC unwilling to hand over specialists, a RAP may warrant a shorter the land. period of public review. Under these circumstances, sponsors will be required to publicly disclose the RAP 30 days before IFC’s formal consideration of project financing. In all cases, sponsors will be made aware of the necessary period for public disclosure early in the RAP preparation process. 29 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 2.4.Institutional and Administrative Framework 2.4.1.Federal Government The Federal Democratic Republic of Ethiopia is administered through a hierarchical system of National Regional States, Zones (within Regions), Woredas (similar to districts) and Kebeles (lower level Administrative units. The Federal Government acts from the centre to the regions and localities, and its respective duties and authority including fiscal matters at the different levels (Federal, Regional and Local) have been defined by the Constitution. 2.4.2.National Regional Government The duties and responsibilities of the National Regional States include planning, directing and developing social and economic programs as well as the administration, development and protection of natural resources of their respective regions; establishment of a State administration that advances self-government and democratic order, protection of the Federal Constitution; enactment of the State constitutions and subordinate laws; formulation and execution of economic, social and development policies, strategies and plans of the State; administration of land and other natural resources in accordance with Federal laws; establishment and administration of the state police force; maintaining public order and peace within the State and Establish Sectoral Bureau, Commissions and Authorities. The role of zonal administration is to liaison between the Regional and Woreda administrations in overall socioeconomic matters. 2.4.3.Local Government In the project areas, the nearest and strongest local administration is the Woreda which is a governmental organization structured to implement the Federal and Regional Government policy and regulation. The Administration of the Woreda is led by a Chief Executive Administrator and Deputy Administrator at the top, while under him/her there are different sector offices led by appointed office heads from Woreda Council Members. The heads of the different offices at Woreda level form a cabinet and they are responsible for the implementation of development and service programs of the respective Woreda. Woreda Council is the other organ that exists at Woreda level and its main roles and responsibilities are to follow up the implementation of laws, rules and regulations that are passed by the Federal and the National Regional Governments. Woreda Council is headed by two spokesmen as a Chief and the second as a Deputy. At the district level, the Woredas are a key focus of the government's commitment to decentralized delivery of services. The various departments at the Woreda level have specialists who advise development agents (DA) working at the village level. They are called upon to provide inputs and management controls related to soil and water conservation, small scale irrigation development, rainwater harvesting, road development and water supply, sanitation and waste management associated with rehabilitated schools and clinics. More specifically, the Woreda administration is responsible for: ▪ Implementation of the policies, laws and directives of the State. ▪ Co-ordination of the activities of various offices in the Woreda. ▪ Maintenance of peace and security in the Woreda directing the police and security forces. ▪ Planning and implementing projects. ▪ Supervision of development programs within the Woreda. The Kebele is the lowest administrative level structure and usually may occupy sub kebeles. The main responsibilities of kebele administration include preparing an annual Kebele development plan; ensuring the collection of land and agricultural income tax; organizing local labor and in-kind contributions to development activities; and resolving conflicts within the community through the social courts. 30 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) However, there are significant capacity gaps in designing, planning and implementing programs and projects at this level , which have been affecting the quality of the implementation of policies and programs at local level. The Woreda offices have serious shortage of staff both in number and qualification, and staff turnover is also high. 2.4.4. Ethiopian Roads Authority The Ethiopian Roads Authority (ERA) is an autonomous Federal Government office and is accountable to the Ministry of Transport. It is re-established for the second time by the council of Minister’s regulation No. 247/2011. ERA is managed by a Board whose members are assigned by the Government and its day to day management is carried out by a Director General that is assigned by the Government. The objectives for its reestablishment are to develop and administer roads, create conducive conditions for the coordinated development of road networks; and ensure the maintenance of standards in road construction. The construction of roads requires land acquisition and expropriation for the ROW, Access road construction, Campsites, Quarry sites; borrow pit and other similar activities. According to the reestablishment of proclamation of ERA; it is responsible for the preparation of RAP for road projects and to initiate land acquisition and expropriation. As stated in its powers and duties ERA is responsible for the following activities that are directly related to land acquisition and many others. • Prepare or cause the preparation of designs and feasibility, environmental and other related studies required for road works; • determining the extent of land required for its activities in the adjacency of roads; • cause the use of, free of charge, land and quarry substances required for the purpose of road works, camp, offices, storage of equipment and other related services; • acquire land required for road works by paying compensation for land possessors and property owners in accordance with the law; • to take necessary measures to protect the environment whenever road works are undertaken. ERA's Environmental and Social Management Team (ESMT) ERA has established an Environmental and Social Management Team (ESMT) within the Planning and Program Management Directorate to address environmental and social issues arising from the road development program. The main responsibilities of the unit will include: ▪ Advising senior management and assisting in the decision-making process on all road sector environmental and social issues; ▪ Ensuring that environmental and social issues are adequately addressed in connection with the activities of all ERA departments and divisions; ▪ Carrying out or supervising EIAs and RAPs for road sector projects. 31 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Right-of-Way Management Teams (ROWMT) Following ERA's restructuring which took place in 2010 five Right-of-Way Management Teams, have been organized under each Regional Directorate. The ROW Management teams under ERA’s Design and Build Contract Management Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). The Right-of-Way Management Teams are responsible to identify and register all the PAPs and measure all affected properties and assets and also estimate its costs in liaison with the respective Woreda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed the ROW agent will review and send ERA’s Design and Build Contract Management Directorate to effect the payment. The Design and Build Contract Management Directorate is under the Legal Affairs Service Division which is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the division consist of drafting, reviewing, analysing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the division in the authority. The legal affairs service division develops and implements strategies for claims and dispute resolutions which serve as inputs to the ROW Management Teams and regional legal advocates. ERA's Legal Affairs Service Directorate The Legal Affairs Service Directorate is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the Directorate consist of drafting, reviewing, analyzing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the Directorate. The Directorate develops and implements strategies for claims and dispute resolutions which serve as inputs to the ROW Management Teams and regional legal advocates 2.4.5.Oromia National Regional State Since this road project is fully located in Oromia National Regional State, it has an important and significant role to play in the implementation of this RAP by giving guidance and in coordinating the Administrative zones and Woredas crossed by the project road. According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions. Hence, the Oromia National Regional State is the major stakeholder in the coordination and implementation of this RAP and other associated activities. 2.4.6.Woreda Administration The Woreda administration offices that are located along the project road corridor will have a major role and responsibility in the planning and implementation of the resettlement activities in their respective localities. The respective Woreda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The respective Woreda Administration will be responsible in establishing Resettlement and Implementation Committee and the Property valuation committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land for land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land. 32 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The respective Woreda level sectoral offices, such as, agriculture, environment, justice and water play important roles in the implementation of this RAP in participating in compensation, property valuation and grievance committees. 2.4.7. Kebele Administration Kebele administration units are the smallest unit of administration in Ethiopia and that has its own elected council and executive body. Kebele administration provides advice on the fairness in relocation process and valuation of compensation and coordinates on the support to be made for vulnerable groups. They work closely with the Woreda resettlement/compensation committee and property valuation committee. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs. The entities responsible and accountable for the RAP preparation and implementation are indicated in Table 2. Table 2:-- Institutions participate in RAP preparation and Implementation No Organization involved Responsibility 1 Road construction company (JMC Prepare final design for the assigned contract Projects India Ltd) Hire an expert for RAP preparation Prepare Resettlement Action Plan based on the final design 2 Ethiopia Roads Authority Responsible and Accountable for the RAP preparation & Implementation 2.1 Supervision consultant The supervision consultant through its resettlement expert oversee the preparation of the RAP, receive the RAP from the contractor, do quality assurance review Responsible for the day to day monitoring of safeguards implementation 2.2 ERA’s Design and Build Contract Responsible for budget Allocation, Coordination and Management Directorate implementation of the overall activities of the project; 2.3 ERA's Environmental and Social Management of the RAP preparation and implementation; Management Team (ESMT Review of safeguards documents, compensation and resettlement action plan, livelihood restoration plan and Monitoring & evaluation. Monitor the restoration of services/utilities affected by the construction works, such as, water supply and power supply. 2.4 Right of Way agent Supports the Asset valuation committee in registration, measuring, and estimation of affected properties Facilitate the execution of compensation payment 3 Oromia National Regional Provide Political and Administrative support for the Government implementation of the project and the RAP 4 Zone Administrations Coordinate the different Woredas affected by the project; coordinate the implementation of livelihood restoration activities for PAPs 5 Respective Woreda Establish Resettlement Committee, Property valuation Administrations committees, 33 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Facilitating the relocation sites (as needed) and the restoration of services, Ensure that PAPs are compensated as per the federal and regional guidelines. 6 Respective Kebele Administrations Provide advice on the fairness in relocation process and valuation of compensation Work with the woreda people in facilitating relocation sites 7 Respective Municipalities Identify land for the relocation of PAP and provide support in restoration; and provide special attention and support for the disabled, sick, elderly and female headed households 8 Property valuation committees Register and vale for compensation of all properties to be affected due to the road project 9 Resettlement committee Responsible for the overall implementation of the RAP 10 Elders and Religious Leaders Provide advice on the fairness in relocation process and valuation of compensation and coordinate on the support to be made for elders, FHH and elderly; and play mediation role in case misunderstandings are created between PAPs and local authorities 11 Representatives of PAPs Represents PAP in all meetings and discussions held with ROW agent, with other offices, serve as committee member 12 Grievance Redress Committee Responsible for addressing issues raised due to the construction of the road project 3.Eligibility Criteria and Project Entitlement The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational policy and Bank's procedures on Involuntary Resettlement. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders. All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost. The cut-off date for compensation eligibility has been set at November 30, 2017. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. The consultant had given the full list of PAPs to respective Kebele. Any person who constructs a house or a structure in the right-of-way after the cut-off date will not be eligible to compensation or subsidies. The date has been made public to the people and to the local officials through formal meetings. 34 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The Kebeles have also been informed the people. Compensation will not be paid for any structures erected or trees planted purely for the purposes of gaining additional compensation after the cut-off date. Compensation will be paid for public buildings as well as private house owners. Also, due compensation will be paid for public utilities, telephone and electricity poles. All transitional and moving allowances and compensation for temporary land loss will be directly paid to those affected. Either it is small or large amount, compensation payment can be made in cash or by cheque, following the agreement with the individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs. 35 | P a g e Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Table 3:--Project Entitlement Matrix Land & Assets Types of Impact Person(s)Affec Compensation/Entitlement/Benefits ted Agricultural Cash compensation for Farmer/ title • Cash compensation for affected land equivalent to replacement value, land affected land equivalent to holder considering market values for the land. market value if less than 20% of land holding affected Land remains Tenant/ lease • Cash compensation for the harvest or product from the affected land or economically viable. holder asset, equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Greater than 20% of land Farmer/ Title • Land for land replacement where feasible or compensation in cash for holding lost holder the entire landholding according to PAP’s choice, considering market Land does not become values for the land. economically viable. • Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to PAPs. Transfer of the land to PAPs shall be free of taxes, registration and other costs. • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature) • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Tenant/Lease • Cash compensation equivalent to average of last 3 years’ market value holder for the mature and harvested crop or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature) • Relocation assistance (costs of shifting + allowance). Commercial Land used for business Title holder/ • Cash compensation for affected land, considering market values for the Land partially affected business owner land. • Opportunity cost compensation equivalent to 5% of net annual income Limited loss based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Business • Opportunity cost compensation equivalent to 10% of net annual income owner is lease based on tax records for previous year (or tax records from comparable holder business, or estimates where such records do not exist) Assets used for business Title • Land for land replacement or compensation in cash according to PAP’s severely affected holder/business choice; cash compensation to consider market values for the land. Land owner for land replacement will be provided in terms of a new parcel of land If partially affected, the of equivalent size and market potential with a secured tenure status at remaining assets become an available location which is acceptable to the PAP. insufficient for business • Transfer of the land to the PAP shall be free of taxes, registration, and purposes other costs. • Relocation assistance (costs of shifting + allowance) • Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) 36 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Business • Opportunity cost compensation equivalent to 2 months net income person is lease based on tax records for previous year (or tax records from comparable holder business, or estimates), or the relocation allowance, whichever is higher. • Relocation assistance (costs of shifting) • Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to re-establish the business. Residential Land used for residence Title holder • Cash compensation for affected land, considering market values for the Land partially affected, limited land loss Rental/lease • Cash compensation equivalent to 10% of lease/ rental fee for the Remaining land viable for holder remaining period of rental/ lease agreement (written or verbal) present use. Title holder • Land for land replacement or compensation in cash according to PAP’s choice; cash compensation to consider market values for the land. • Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. • When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. • Transfer of the land to the PAP shall be free of taxes, registration, and other costs. • Relocation assistance (costs of shifting + allowance) Land and assets used for Rental/lease • Refund of any lease/ rental fees paid for time/ use after date of removal residence severely affected holder • Cash compensation equivalent to 3 months of lease/ rental fee Remaining area • Assistance in rental/ lease of alternative land/ property insufficient for continued • Relocation assistance (costs of shifting + allowance) use or becomes smaller than minimally accepted under zoning laws Structures are partially Owner • Cash compensation for affected building and other fixed assets, affected considering market costs of structures and materials • Cash assistance to cover costs of restoration of the remaining structure Buildings and Remaining structures Rental/lease • Cash compensation for affected assets, considering market costs for structures viable for continued use holder assets and materials (verifiable improvements to the property by the tenant). • Disturbance compensation equivalent to two months rental costs Entire structures are Owner • Cash compensation, considering market rates for structures and affected or partially materials, for entire structure and other fixed assets without affected depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Remaining structures not • Right to salvage materials without deduction from compensation suitable for continued use • Relocation assistance (costs of shifting + allowance) • Rehabilitation assistance if required (assistance with job placement, skills training) Rental/lease • Cash compensation for affected assets, considering market rates for holder materials (verifiable improvements to the property by the tenant) • Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) • Assistance to help find alternative rental arrangements • Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/infor• Cash compensation for affected structures without depreciation, mal dweller considering market rates for materials • Right to salvage materials without deduction from compensation • Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the program) • Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available 37 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Rehabilitation assistance if required assistance with job placement, skills training. Street vendor • Opportunity cost compensation equivalent to 2 months net income (informal based on tax records for previous year (or tax records from comparable without title or business, or estimates), or the relocation allowance, whichever is lease to the higher. stall or shop) • Relocation assistance (costs of shifting) • Assistance to obtain alternative site to re- establish the business. Standing crops Crops affected by land PAP (whether• Cash compensation equivalent to average of last 3 years market value acquisition or temporary owner, tenant, for the mature and harvested crop. acquisition or easement or squatter) Trees Trees lost Title holder • Cash compensation based on type, age and productive value of affected trees plus 10% premium Temporary Temporary acquisition PAP (whether• Cash compensation for any assets affected, considering market values Acquisition owner, tenant, for materials (e. g. boundary wall demolished, trees removed) or squatter) Vulnerable Residential land, • Fully compensated at replacement cost and special assistance Groups houses, buildings and based on identified needs and priorities. other fixture losses directly and fully compensated at replacement cost free of demolition expenses and salvaged materials and special assistance based on identified needs and priorities. 38 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 4.Public and Stakeholders' Consultation 4.1.Objectives of Public and Stakeholders Consultation Public and Stakeholders consultations were held with PAPs, community elders and local officials with the following key objectives among others: • To inform PAPs and discuss about the nature and scale of adverse impacts of the project on their livelihoods in a more transparent and direct manner and seek their Participation in the project cycle. • To give PAPs and communities a chance to have a say and express their views in the planning and implementation of the project that affect them directly. • To obtain qualitative as well as quantitative information on viable income generation and livelihood interventions which PAPs could engage themselves in order to restore their income and livelihoods in a self-sustaining manner. • To inform local authorities of the impacts, agree on a cut-off date, solicit their views on the project and discuss their share of the responsibility for the smooth functioning of the overall operation of the project. • To identify the fears, expectations and concerns of the population about the project road and the potential impacts due to the construction of the proposed project road; and also identifying the impacts and its mitigation measures and • Collect socio-economic and environmental data and information. 4.2.Approach and Methodologies The public and stakeholder’s consultation involved a participatory approach in which the RAP team described the planned pre-, during, and post- construction activities, the schedule of activities, and compensation as well as resettlement issues. Then the participants had been given an opportunity to participate by asking the following key questions or making comments about the planned project activities; • Compensation and Resettlement Alternatives, • Community Participation in the Project, • Entitlement and Cut-Off date, • Vulnerability, • Grievance Redress, • Employment of the locals Thus, all consultations had been inclusive (i.e. all socio-economic groups like wealth, gender, age and vulnerable groups were involved). In addition, a two-way communication strategy in which a dialogue of providing information and obtaining feedback was widely employed. 4.3. Stakeholder’s analysis In Ethiopia, public consultation is regard as important and mandatory that project planners and implementers required to carry out. According to the FDRE Constitution, Article 92; “People have the right to full consultation and to the expression of their views in the planning and implementation of environmental policies and projects that affect them directly”. In the project road corridor, consultations with the project affected persons (PAP) located along the project alignment had been made from early 2017 to May 2018 in order to inform PAPs about the planned project, consult and obtain relevant information on existing conditions or constraints of the study area. Accordingly, a number of key stakeholders were involved in the community participation component of the RAP preparation. Consultations were done through Village meetings, focus group discussions, key informant interviews 39 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) and socio-economic surveys. Consultations were carried out with three groups of stakeholders, namely; Directly affected persons, Indirectly affected persons and Government Agencies. Directly Affected Persons: - The directly affected persons are the people who reside in or derive their livelihood from the zone of direct impact (ROW & Way Leaves). The directly affected persons were consulted about relocation, livelihood and income restoration possibilities. The directly affected persons were the core target of the socio-economic census during the RAP preparation. Indirectly Affected Persons: -This group included persons who reside near the project area or rely on resources (such as water, pasture land, etc.) likely to be affected by the project. This group of stakeholders may have to change or adjust their living patterns when the construction of the road project starts. Government Agencies: -Under the present arrangement of governance, power belongs to the people and therefore, the role of the local communities in decision-making is critical. Most importantly, the Local Government units at Woreda and Kebele levels are in charge of handling land issues. The Woreda Level Administrative system will facilitate easy identification of genuine owners of property likely to be affected. Other officials consulted were the technical personnel at Woreda level such as Health Office Head, Agriculture & Environment Office and other officials at Kebele level. 4.4.Public Consultation A total of 13 public consultations were held with more than 140 PAPs and communities attending consultation meetings. Among the total public consultation participants 34 were vulnerable female household heads without labor and low economic position. During public consultations with PAPs and community groups that lasted for 1 to 2 hours each, a number of important points were raised and discussed. Key agenda points that were forwarded for discussion from PAPs and community groups included impacts of the project both positive and negative on local community members, issues regarding property registration and valuation for compensation, presentation and discussion of compensation options available to PAPs. Figure 2:-Consultation at Gida Ayana Woreda Admnistration and Ejere Kebele Respectively 4.5. Stakeholders' consultation Different stakeholders' who have either direct or indirect responsibility, and stake with the construction of the project road were consulted. The primary stakeholders that have major role to play and consulted included 40 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Woreda administrators, experts drawn from Woreda sector offices and political leaders and NGO representatives operating in the project area. In the project road corridor, consultation with stakeholder were held twice in GidaAyana and Kiramu Woredas with 18 participants drawn from Woreda sector offices (experts and Woreda cabinet members). The stakeholders were consulted to provide their expert opinion and views towards the impacts to be created due to the project road corridor, their role and involvement in the planning and implementation of this RAP and their contribution and expected participation they will have at the different stages. 4.6.Major Findings of Public and Stakeholders' Consultations Both the public and stakeholder’s consultation participants consider that the construction of the road to be highly beneficial and important to improve the socio-economic situation of the population in the project road corridor and that its construction is also critical for the socio-economic development and growth of the Administrative zone and Woredas; and the community in general crossed by the project road. The public has high expectations with the construction of the project road corridor and are of the opinion that they will have improved and easy access to transportation and that their livelihood also will be improved following the construction of the road. They also assume that delivery of social services will be enhanced and that the Woreda and country level Growth and Transformation Plan (GTP) could be realized and that the poverty situation of the local population to be improved. Since the details of the consultations are too wide-ranging and too broad to be presented here, only a summary of key issues discussed and major findings are sub divided into relevant categories and presented in the section below. These broader categories into which key findings of the consultations are include anxiety, expectation, fears, uncertainties, hopes, needs, aspirations and general comments. 4.7.Findings of Consultations with PAPs and Community Groups A) Anxiety, Fears and Concerns: • We do not know how much we are going to receive as a compensation payment for loss of assets. • Fear of homelessness for the whole family. • What will happen if the cash compensation turns out to be inadequate to replace lost assets? • Some of us will lose partly or all farmland dwellings. If there is no land available in rural areas where can we be relocated? • We cannot afford to access urban land either. Where are we supposed to go? • We do not know the dates when compensation payments commence so that we can’t plan self-relocation. • How will we know that our affected land and property is measured accurately and recorded or registered appropriately? • Some of the affected property is not registered by oversight. What are the chances for correcting mistakes in registration of affected property? • What if the impact of the road affects farmers beyond the often-mentioned 30 meters RoW? • Those of us who are of old age, no matter how much money we receive as compensation, is not going to help us as we are unable to do much with it. • What is the plan for someone who lost both a residential house and farmland or if the remaining land is economically unviable? • Land expropriation and compensation payment should be planned synchronized in such a way that is in harmony with the local agricultural calendar and • We, PAPs need to be made aware of land expropriation ahead of time so that we can plan and prepare for self-relocation. 41 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) B) Preferences and Additional Demands • We do not prefer “land for land” compensation, just cash compensation. • Ten years’ equivalent compensation is too little to compensate for a farmer who lost his/her farmland for good, • We trust that all affected properties are included and registered accurately. C) Expectations, Hopes, Aspirations and Needs: • We elderly people expect to be provided by special assistance. • Project affected persons should be given a special consideration in all available employment opportunities both short-term and long-term. • We hope and aspire to help ourselves through using compensation payments for useful and productive purposes such as building dwellings, opening retail shops and business, opening restaurants to serve the demand that might come with the project, engaging in agricultural goods trading, organize ourselves into groups and engage in services such as ground transport (vehicular) and grain milling. • If the road project helps us to form associations, we can support ourselves with different income generating activities like oxen fattening, small scale irrigations and vegetable crop productions. D) Appreciation and Positive Comments: • We agree on and pledge to observe the cut-off date as per the project request, • We commit ourselves to support the implementation of the various components of the project in every way we can. E) Questions and Clarifications: • As the farming season has already approached we need to know the verdict of affected land. Can we use the land until we receive compensation? • What are the plans for family graves that may be affected? • Can we use the affected farmland temporarily to grow annual crops? • What about the indirect impact of the road component on farmers residing close to it as they will be affected adversely by dust, noise and rolling stones during civil works. • What are the procedures put in place to effect compensation payments? • Is it before or after receipt of compensation payments that we are supposed to give our land and all affected property? • What is a person supposed to do if that person has a house under construction at the moment? 4.8.Findings of Consultations with Local Officials Consultations were held at Gida-Ayana and Kiramu Woredas. Local officials with the intention of informing them on the nature and scale of impacts and their roles and responsibilities in the project, and discussing viable options and strategies for income and livelihoods restoration including the availability of government land for resettlement of PAPs. Local officials have a key role to play in the project including the power to expropriate landholdings and the responsibility to actively participate in the designing, planning and implementation of various sustainable development initiatives devised to restore income and livelihoods of PAPs, • Local officials have pledged to ensure that the cut-off date will be observed by PAPs and other community members, • Local officials will continue supporting the project at all stages and participate in various committees that may have to be formed for the execution of the RAP, • Compensation, valuation and grievance redress committee also formed on Woreda officials’ consultations, 42 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Members from the project affected people, religious leaders, women, Woreda offices experts and agricultural experts are also included in the Woreda Committee, • Women and project affected persons representatives also included in the committee, • Officials understand the problems that vulnerable groups are likely to face. Therefore, every effort will be made to provide them with special assistance throughout the project, • Representatives of PAPs need to be involved in Kebele Resettlement Committee and • All the consultations meeting minutes also signed by the participants and the Woreda administration stamps also put on the minutes. 4.9.Consensus and agreement reached with PAPs and Stakeholders The following are the summarized consensus reached at the public consultation: • An understanding has been reached that local officials will provide all required support in the implementation of the RAP and all support for households that may lose their land and assets. • Compensation payments will be issued in the names of both spouses or heads of households, and other resettlement assistance, such as skills training, and job opportunities, will also be provided to both men and women according to their needs. • Compensation will be based on replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. To ensure compensation at replacement cost, planned compensation rates may be recalculated if the payment period is delayed due to inflation. • The Woreda Administration will provide support in planning and implementing livelihood restoration measures for PAPs. This could be done by organizing them through micro and small-scale enterprises in a form of cooperatives or associations based on the interest and willingness of PAPs. • The respective Woreda Administration agrees to provide special support and care for vulnerable households identified in this RAP and assist them in re-establishing their livelihood. • At the Woreda level, a special task force will be formed to oversee and assist the day to day implementation of the project in a timely and proper manner. • The respective Woreda Administration will facilitate and coordinate the establishment of the various committees required in this study at all levels and as indicated in FDRE Government proclamations. • The respective Woreda administration agrees that it will monitor the implementation of the RAP is carried out as per the law and ensure that PAPs are compensated for lost assets and properties as per the proclamation and as indicated in this RAP. • PAPs consulted in all the kebeles that are crossed by the project road have agreed to provide all their support towards the implementation of the RAP. • In places where family grave yards will be affected due to the construction works, the kebele authorities and the public have reached understanding to relocate the grave yards to new locations. The kebele administration has also agreed to coordinate its removal and reburial to new locations in line with the cultural and religious practices of the communities. • The ceremony and other costs to transfer the corpses will be covered by the kebele administration and it is included in the RAP document. • The amount of compensation for a burial ground is determined on the basis of estimated costs to be incurred for removing the grave stone, preparing other burial ground, transferring, relocating the corpse, and for conducting religious and ritual ceremonies in relation thereto. It is calculated based on current market price as it is indicated in the Council of Ministries Regulation No.135/2007 for payment of Compensation for properties Situated on Landholding expropriated for public purpose, Article 12(1). The amount of costs stipulated under sub Article (1) of this Article shall be determined on the basis of the current local market prices of materials, transport services and labor Article 12(2). 43 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • PAPs have agreed and committed not to carry out any construction activities inside the ROW after the agreed cut-off date. • In some locations where cattle cross the road regularly on daily basis to the river for drinking water, the project will construct cattle crossings in order to facilitate traffic movement. Table 4:- Typical consultations conducted with PAPs Date of location Purpose of consultation Number of Remark consultation Chainage attendants Woreda kebele M F 18/05/2018 129+200 Kiremu kokofe Safety purpose for blasting 11 6 Minutes of area site meetings prepares 10/07/2017 132+250 Kiremu kokofe Spoil area 4 DITTO 29/05/2017 129+100 Kiremu kokofe Safety purpose for blasting 3 DITTO area site 13/10/2017 129+500 Kiremu kokofe Safety purpose for blasting 1 1 DITTO area site 13/10/2017 129+500 Kiremu kokofe Safety purpose for blasting 1 1 DITTO area site 10/12/2017 120+065 Gida ayana Ejere ROW( public utility school 4 DITTO fence and land) 12/12/2017 121+200 Gida Ayana Ejere Borrow pit 4 1 DITTO 09/10/2010 138+150 Kiremu Burka Spoil 1 DITTO Soruma 02/02/2017 121+320 Gida Ayana Ejere ROW( road Realignment) 4 DITTO 22/02/2017 120+400 Gida Ayana Ejere Ejere ebele Section Road 6 2 DITTO Design 22/02/2017 120+400 Gida Ayana Ejere Ejere Kebele Section Road 6 2 DITTO Design 18/02/2017 130+480 Kiremu kokofe Kokofe Kebele Section Road 10 2 DITTO Design 20/02/2017 132+830 Kiremu kokofe ROW( mosqueFence and 6 1 DITTO land) 20/07/2017 134+000 Kiremu Kokofe ROW( Fence And Land 6 2 DITTO Church) 21/02/2017 138+050 Kiremu Burka ROW( Fence And Land 5 DITTO Soruma Church) 21/02/2017 116+600 Gida Ayana Ejere ROW( Mosque Fence And 7 2 DITTO Land) 21/02/2017 119+550 Gida Ayana Ejere ROW(Church Land And 5 2 DITTO Fence) 20/02/2017 131+414 Kiremu Kokofe ROW( Church Fence And 4 1 DITTO Trees) 21/02/2017 139+400 Kiremu Burka ROW( Muslim Grave Yard 4 DITTO Soruma Land ) 2 11/11/2009 134+500 Kiremu Kokofe Sewage Evaporation Pond 4 DITTO 17/11/2017 121+900 Gida Ayana Ejere Borrow Pit 2 1 DITTO 04/11/2017 130+800 Kiremu Kokofe Aggregate Storage 1 DITTO 28/09/2017 129+900 Kiremu Kokofe Aggregate Storage 2 1 DITTO 08/09/2017 136+250 Kiremu Burka Spoil Area 2 DITTO Soruma 44 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 12/10/2017 117+300 Gida Ayana Ejere Spoil Area 2 DITTO 05/11/2017 127+530 Gida Ayana Ejere Spoil Area 2 DITTO 22/11/2017 136+000 Kiremu Burka Spoil Area 2 1 DITTO Total 115 25 Series of consultations and discussions have also been undertaken with the local administration, and with those PAPs that are likely to be affected due to the quarry operation at km 129 + 200. The team critically assess the extent and coverage of the quarry operation. Accordingly, the assessment identified that people living within 400-meter radius of the quarry might be affected by its operation and might need temporarily relocation. Figure 3:- Consultation with PAPs adjacent to Quarry km 129 +200 The assessment of this RAP has identified an estimated amount of 87,759sqm land occupied by 15 House Holds are located within 400 meters from the quarry site. Of which 10 HHs (59 PAPs) have resident houses have to be compensated for their losses and might need temporarily relocation to avoid any risk during the operation. The remaining PAPs (5HHs) who has farmlands and trees only with in the boundary, the project will pay cash compensation for their temporary loss. 4.10. Subsequent Consultation with PAPs It is expected that more consultations with affected persons regarding relocation and other future impacts during construction will be carried out throughout the implementation of the project. The PAPs raised a lot of issues and some go beyond corridor acquisition especially when future impacts are as a result of contractor’s activities that were not captured in the RAP. RAP implementation also requires successive consultations to ensure that all concerns of PAPs are addressed in a transparent manner. It is therefore, recommended that the project proponent develops a communication engagement plan that will ensure that all PAPs are effectively reached. The Plan will be prepared following the approval of the RAP document. 45 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 4.11. Security situation in the project corridor In the past few months there was a security problem in and around the road project corridor due to local insurgents. However, currently there is no security issue that may jeopardize the implementation of this RAP. In case the security condition in the area does not allow free movement and communication with the stakeholders and PAPs for consultation, Local Relationship committee (LRC) and contact persons from respective localities will be established to liaison and facilitate information dissemination and exchange of ideas between the concerned community/stakeholders and the project implementers. The LRC and/or contact persons to be designated will be carefully chosen and focused on those that are respectful among the community (such as religious leaders, clan heads and/or elderly persons). The LRC /contact persons will be provided with mobile phones to communicate and disseminate information as well as to connect and engage the locals with the project management and staffs for discussion. Figure 4:- Map showing locations of town and village centres where public consultation conducted 46 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 5.Minimizing Resettlement The road design survey has made maximum efforts to avoid crossing dense settlement areas urban centers and villages to minimize the impact on housing units Realignments in urban sections of the project area has been avoided so as to reduce the relocation of houses and existing socio-economic facilities like water supply pipe lines, electric poles, shops, drainage structures and the like. Thus, in all the major villages and towns located along the project road no significant disruption of the existing livelihood status is expected due to the improvement of the existing road alignment. In fact, improvements in terms of drainage facilities, pedestrian walkways and others have been included in the proposed road upgrading design as part of benefit enhancement measures for residents of the towns. Some of the towns traversed by the project road have master plans to guide their development and construction activities. In all cases the master plan has allotted more than 20 meter for the main road that crosses the towns. Therefore, the master plans of the towns have also been considered in the final engineering design to minimize road side displacement. In order to minimize the quantity of land occupation and removal, further adjustment for horizontal alignment was made to avoid the alignment goes through those highly populated areas and the longitudinal gradients is adjusted to shorten the height of fill and depth of cut. Moreover, efforts will be made to minimize the impact caused by the project during construction period. Effort will be made to reduce the amount of land required for the temporary activities such as land for stock pile and spoil disposal shall focus on abandoned borrow and or quarry areas. Also, effort will be made to balance the earthwork during construction period, borrow pit shall be arranged in the waste land or waste hills. 47 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 6.Socio-economic Conditions of the Project Area 6.1. Location of the Project Area The project is a total of 258 km long road starts at the northern outskirts of Nekemte town and terminates at Bure town after approximately 258 kms heading North/North-East direction and crossing the Abay (or Blue Nile) River at approximately 190 kms from Nekemte. Most section of the project road is located in East Wollega Administrative zone. The end of the project is after Bure town, at the junction with the Trunk road Addis Ababa-Debre Marcos- Bahir Dar. The whole stretch of the road has divided in two three contracts (Lot 1,2 and 3) This RAP is therefore prepared for the first 24 km of Lot 2 section of the Nekemte- Bure road upgrading project It is located in the western part of Ethiopia, which connects two administrative zones located in Oromia National Regional State; namely: East Wollega and Horo Guduru Zones. The total length of the road is about 87.65 kms; and it traverses three Woreda Administrations such as Guto-Gida, Kiramu and Hamuru also traverses towns and villages like Doro, Ayana, Kofkoffe, Haro, Kiramu and Aagamsa. 6.2 Population and Settlement Patterns According to the 2016 CSA Population projection, the total population of the Oromia National Regional State was 34,575,008 persons, which was about 37% of the country's total population by 2016. The population density of the region was 121.5 persons per km2. The total population of East Wollega and Horo-Guduru Wollega zone was 1,558,097 and 728,574 persons respectively. As it can be observed from Table 5, about 384,283 people were living in the three Woredas traversed by the project road. Out of these 49.3% are male populations and the remaining 50.7% are female populations. In addition, the great majority of the populations (86.5%) were residing in rural areas. With respect to average crude population density, East Wollega zone is more populated than Horo-Guduru Wollega zone, which was 123.9 and 89.9 persons/km2 respectively. Table 5:-Distribution of Population by Sex in the Project Impact Region, Zone and Woreda Region/Zone/Woreda Total Number of Poulation by sex Area in km2 Population Male Female Total Density Oromia Region 17,345,004 17,230,004 34,575,008 284,537.84 121.5 East Wollega Zone 775,544 782,553 1,558,097 12,579.77 123.9 Guto-Gida Woreda 56,836 55,065 111,901 972.65 115.1 Gida-Kiramu Woreda 108,066 102,422 205,428 2,541.48 80.8 H/G Zone 363,638 364,936 728,574 8,097.27 89.9 Hamuru Woreda 33,134 33,820 66,954 1,294 51.7 Source: CSA Population Projection, 2016 Regarding household size, households are fairly of large size in rural Ethiopia in general and Oromia National Regional State in particular. According to the 2007 Population and Housing Census Survey Result (CSA, 2007), the average household size for rural population was 5.26 persons per household. The same source also indicated that, the most common household size was found out to be a five-member household and is followed by four, three and six-member households in that order, accounting for 62.2 per cent of all rural households. Similarly, the average household size of the project area is 4.6 persons per household, which is 4.43 and 4.9 persons per household for urban and rural areas respectively and the population growth rate is estimated to be 2.9 % per annum for all project routes. 48 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 6.2.1. Ethnicity and Language The major ethnic groups in the project area are Oromo, who speak “Afan Oromo” as their first language for Oromia zones (East Wollega and Horo Guduru Wollega). There are also other ethnic groups along the project road. The two largest ethnic groups found along the project corridor were the Oromo (81.12%), and the Amhara (18.7%); all other ethnic groups made up 0.18% of the population. “Afan Oromo” is spoken as a first language by 81.18%, and 18.7% spoke Amharic; the remaining 0.12% spoke all other primary languages reported. 6.2.2. Religion In the project road corridor, there are two major religions Christianity and Islam. Most Nekemte town inhabitants are Protestant Christians, with 48.49% of the population reporting they observed this belief, while 39.33% of the population said they observed Ethiopian Orthodox Christianity, and 10.88% were Islam. Most Gida-Ayana Woreda inhabitants observed Protestantism, with 62.7% reporting that as their religion, while 21.55% were Islam and 14.21% observed Ethiopian Orthodox Christianity. Most Guto Gida inhabitants observed Protestantism, with 53.11% reporting that as their religion, while 30.16% observed Ethiopian Orthodox Christianity, and 14.61% were Muslim. Most the inhabitants of Amuru Woreda were Ethiopian Orthodox Christianity, with 70.32% of the population reporting they observed this faith, while 15.1% of the population was Muslim, 9.86% were Protestant, and 4.23% practiced traditional beliefs. 6.2.3. Settlement Pattern The major part of the Project area is rural and underdeveloped, urbanization in the project road corridor is at its rudimentary level. The project road crosses 5 towns and most of which are small and having a population that is less than 2,000. The major urban center that exists in the project road corridor is the town of Gida Ayana, which is the largest and also one of the oldest towns in East Wollega which was established in 1813 before the Country ’s capital city, Addis Ababa. Other towns along the project road corridor include Doro, Kokofe, Ayana, Kiramu, Haro and Agemsa. 6.3. Sources of Livelihood and Income Mixed agriculture (crop farming and livestock keeping) is the mainstay for most of the population in the project area. Apart from crop farming and livestock keeping, there is very small economic activity in the project influence area. The livelihood of the population in the urban sections mainly depends on small scale businesses, and employment in public and private sectors. The major source of income for households include salaries, earning from self-employment, domestic work and causal labor, petty trade and pension. In terms of agricultural development, all the Woredas traversed by the project are surplus producer. Crop production is the major agricultural activity in the corridor followed by livestock keeping; and the major cereals produced include, Teff, Barely, Wheat and Maize. The main crops produced in the project areas are; - Teff, Barely, wheat, maize, sorghum, millet; oil seeds like Niger seed, Rape seed and sesame; root crops Fabian and Soya bean. Livestock, especially cattle, are essential for the existing mixed farming system and provide many practical, productive, economic and cultural services. However, existing feed resources and livestock health care are inadequate. The livelihood of the population in the urban sections mainly depends on small scale businesses, and employment in public and private sectors. Industrial and trade development is also at its infant stage. The town of Nekemte which is the zonal capital and being one of the major cities in western Oromia does not have major industries. It mainly depends on the service sector and small businesses. 49 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The major share of their expenditure is food. Generally, it is understood from the field survey that average income is based on the farm land size and a number of livestock a farmer possesses. Although, it is possible to indicate the sources of income and the relative importance, it was difficult to arrive at a reasonable estimate on average rural HH income and expenditure of the communities in the different Woredas along the road, based on either the key informant interviews or households survey. This is because data is not available on household’s income and expenditure. Data also not available on secondary sources, thus it is found to be useless and not advisable to make assumptions in the absence of baseline data at the Woreda or Zone level. The importance of mixed farming is clear; it represents the most important income source in the great majority of villages. Non-agricultural income sources (e.g. migration, daily laborer in commercial farms,) also exist but limited. Overall, the economy of the community is highly mixed crop farming. Thus, the major source of income of the farmers is crop farming. This indicates that households who lose their land and tree could lose substantial portion of their income for food. It implies therefore, that there should be adequate compensation and income restitution measures, if households are affected due to the road project. 6.4. Access to Social Services and Infrastructures Despite the effort by the Ethiopian Government in the past few years to scale up the access and service quality of such facilities as electricity, water, health and education, banking, telephone and other services with especial focus in the rural areas, the project Woredas suffers from poor access to services. 6.4.1. Education Access and Facilities There is at least one first cycle primary school (1-4 grades) in each Kebele and one high school (9-10 grades) at Woreda capitals. In addition, there are preparatory schools (11-12 grades) in at Woreda capital. According to Gida-Ayana Education office, the number of school was increased from 48 by 2009 to 56 by 2015 and the number of class rooms was also increased during last five years. According to the same report the primary school, first cycle, students’ total enrolment was increased to 16,527 by 2010 from 12,950 by 2009 whereas second cycle student enrolment was increased to 9,525 by 2010 from 9,020 by 2009. One Kindergarten under private ownership provides service in Kiremu town by the year 2009 and 2010. The number of student enrolment in kindergarten is decreased from 52 by 2009 to 27 by 2010. Total first cycle enrolment by 2010 was 7328 and grade 5-8 in the same year was 4617 and grade 9-10 enrolment was 1100. There is no preparatory school in the Woreda. By the year 2010 there were 63 adult education centrent with 396 total numbers of participants of which 279 were male and 115 were females in the Kiremu Woreda. There were 32 teachers participated on learning teaching process in Kiremu Secondary School by the year 2009 and this figure was increased to 42 by 2010. In 2014 there are 69 male and 78 female students in the kindergartner school in the urban center. In grade 1-8 there are 14997 total students in Amura Woreda and among than 7976 are male and 7121 are female students. However, the condition of the primary cycle schools, in particular, is basic and, lack of water or electricity and hygiene and sanitation facilities for education beyond Grade 8, students must travel to the Woreda headquarters. The student population data obtained from each Woreda education office also shows that in all project affected Woredas the number of boys and girls attending high schools nearly equal. 50 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 6.4.2. Health Service Facilities The distribution of health services and facilities, and also that of health professionals has not yet reached to its expected level in the zones and in the project road corridor. A health facility in the Gida Ayana Woreda indicates that there is one hospital, four health centers, four pharmacies, 22 health posts, and one malaria controlling center under government ownership providing health services for the community. There are also five rural drug venders and three drug shops under private holding and one clinic and one health post under nongovernmental organization ownership. Health professionals exist in Gidda Ayyana Woreda were five doctors in government and one in private, 98 nurses of which 51 were government nurses, 44 were working in private health intuitions and 3 were nongovernmental organizations nurses, nine health officers, ten lab technicians, 2 health assistants, three sanitarians, 506 community health agents & seven pharmacy technicians operating in health institutions. The health coverage in the Woreda was found on a good position in the year under investigation. For example, in 2009 which was 88.56% grew to 91.50% in 2010 and reached 100% by 2015. According to the data obtained from Gidda Ayyana Health Office the total numbers of children vaccinated during the year 2015 were 4,006 of which 1,963 were males and 2,043 were females. In this Woreda the major child health related problems in the Woreda were most of URTI and pneumonia, acute gastro enteritis (AGE), malaria in low land area, intestinal parasites. A health facility in the Kiramu Woreda indicates that there are one health Centre, one clinic, three drug shops of which two were private, and 13 health posts. Health professionals exist in Kiremu Woreda in were two health officers, two lab technicians, 1 pharmacist, and two sanitarians operating in health institutions. Human Disease is any harmful change that interferes with the normal appearance, structure, or function of the body or any of its parts. The major causes of death of children in the Woreda are NNT, measles, malnutrition, CDD and others. In the other case it is possible to understand that the health coverage in the Woreda was found on a relatively good position in the year under investigation. For example, in 2009 which was 60% grew to 75% in 2010 and reached 90 % by 2015. According to available data from Amuru Woreda health office, there were 1 health center, no clinics, 1 malaria control Centre, 20 health posts, 6 beds are giving services. Regarding health personnel 16 Nurses, 1 Lab. Technicians, 1 health assistants and 29 community health agents 2009 and 3 Health Officers, 24 Nurses, 2 Pharmacy Technicians, 2 Lab, Technicians, 1 Sanitarians and 43 community health agents. Most of the diseases in the project road corridor and in the zone, are diseases that could be controlled and cured if appropriate health and hygiene education and awareness exist and that nutrition level of the population improves. The top 10 diseases in Project Woredas include; Malaria, Gastritis, URTI, Helminthiasis, Skin infection, RTI, Typhoid fever, Rheumatism, Pneumonia and Intestinal Parasites. 6.4.3. Water Supply and Sanitation Water resource is ample in the area. Springs emanating from the hills and mountain sides are found here and there. However, coverage of adequate potable water supply is still in short. Most of the rural community depends on water from unprotected sources (springs, rivers and ponds). No major pollution sources are prevalent in the area. Thus, simple source protection and spring developments could enable obtain good quality water for domestic consumption. In general information from all the Woredas along the project road indicates high potential of availability of ground water. The problems in the project influenced Woreda are developing the surface or ground water to fulfil the need of the community. Indeed, there are indicators of availability of the ground water particularly in Woredas like Ayana, Kiramu and Amuru. There is wide area of wetlands which indicates availability of the ground water and shallow water table as well. But there is no documented comprehensive study in any of the influenced Woreda regarding the availability of ground water. 51 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) With respect to access to water supply and sanitation facilities, data obtained from Water Supply offices of each Woreda indicates that, more than 55% of the households residing in the project areas have no access to an improved source of drinking water. 6.4.4. Energy source The major energy source is biomass including fire wood, crop residue and animal dung that are used extensively. Electricity is only available at urban centers, where it is used for lighting. According to the information obtained from Gida-Ayana Woreda administration office, sources of energy for both rural & urban residents are mainly from wood. Firewood holds the highest rank and charcoal in the second place for urban dwellers. Firewood & crop residue serve as energy supply in first & second place in rural area. The sources of domestic energy supply according to their importance in the Woreda for urban areas are electricity, firewood, kerosene, charcoal, and crop residue; whereas the rank according to the importance of sources of domestic energy supply for rural areas in the Woreda are firewood, crop residue, kerosene, charcoal and electricity. The sources of domestic energy supply according to their importance in the Kiramu Woreda for urban areas are firewood, charcoal, kerosene, electricity and crop residue whereas the rank according to the importance of sources of domestic energy supply for rural areas in the Woreda are firewood, kerosene, charcoal, and crop residue. 6.4.5. Roads and Transport Services There is existing gravel road that connect Nekemte-Bure. There is also access road constructed by Universal Road Access Program (URAP) that connects the Woreda capitals with Kebele centres. However, other than at the capital towns, no public transport is available in other parts of the Woredas. Thus, pack animals and walking are the major means of mobility. 6.4.6. Communication and Other Services In addition to telephone land-lines, all project road corridors have access to mobile telephones services. In addition, there are postal services at all Woreda capitals. Commercial banking services are also available at all Woreda capitals. 6.4.7. Accesses to Power Supply Most of the population residing in towns has access to hydro- electric power supply for lighting. However, the great majority still rely on wood and wood products for cooking. This is one of the major reasons why pressure on natural vegetation has been increasing overtime. The outcome is also clear and its effect is not only on forest cover but also on agricultural productivity and environment. 6.5. Historical and Cultural Heritages There are no as such physical cultural heritages which will be adversely affected by the project and which cannot be saved by good engineering practices. However, there are Orthodox and protestant Christian churches close to the subject road which need attention in the design and precautions during the construction. There are also a number of Protestant churches on the way towards the Kiramu town. But these churches are located outside of the ROW and will not be affected during the implementation of the project road. But spoil materials should not be dumped in the vicinity, quarries and borrow pits should not be selected, and camps should not also be established close to these sites. 52 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) In Kiramu Woreda there are sacred places like “Dire Aba Foka” the place where Gada system in the area is celebrated and Welbe Mountain a site where different battles took place in the past and also serves as a place of worship for “Waqefana” – an ancient Oromo belief. While Welbe Mountain is outside of the project influence zone Dire Aba Foka seems to the project site though outside the right of way that which needs carful follow-up to protect it from any disruption due to the project implementation. Both are outside of 5km diameter approximately from the existing road centreline. 6.6.Gender Issue Ethiopia`s Constitution and national policies are consistent with international legal instruments on gender equality, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Bejjing Plat-form of action, the African Charter on Human and People`s Rights, and the Convention on the Rights of the Child. The Ethiopian constitution (Article 35) guarantees the rights of women as equal to those of men in all spheres including equality in marriage, the right to equal employment and rights to maternity leave with pay, the right to acquire, administer, control, use and transfer property with emphasis on land and inheritance issues and the right to access family planning and education. Equality between men and women, and boys and girls are one of the central pillars of GTP. A new Federal Family Code, based on the principle of gender equality, came into effect in July 2000.It raised the minimum age of marriage from 15-18 years and established the rights of women to share any assets the household had accumulated if a couple has been living together for at least three years in an irregular union. The Ethiopian Penal Code criminalizes domestic violence and harmful traditional practices including early marriage, abduction, and female genital mutilation. As regards the situation of gender issues in the project areas, there is women’s affairs office at Woreda level, which is responsible to promote gender equity and eventually do away with gender-based discrimination and women’s subordination to men. However, realities in the ground reveal that, not much has been achieved so far in this respect. Hence, the economic and social status of women is observed to be as miserable as ever. In the project influence zones women are still subordinate to men in all spheres of life, and traditional practices that violate the legal and human rights of women are still practiced. Among the harmful traditional practice early marriage, forced marriage, female genital mutilation, rape, wife beating and sexual harassment are still prevalent in the areas. Concerning gender division of labor, women’s share of productive and reproductive activities, burdens of household chores are cumbersome as is the case in most societies. Although considerable improvement is observed regarding school enrolment of girls during the last decade or so, undoubtedly parents still prefer to send their boys to school than their daughters. Even after girls are sent to school, it is very likely that the majority among the dropouts is girls owing to early and forced marriage arrangements by parents. Moreover, women have a limited say in family planning, be it birth spacing or limiting the number of children. It has been observed that, poverty and economic dependence of women on men is one obstacle in the realization of women’s empowerment 6.6.1. Mitigation Measures Hence, the contractor has a mandate and responsibility to share nationally and internationally attained best practices on the actual implementation of gender and social development programs in the project influence zone to ensure the empowerment of women within the project influence zone. The company will respect, protect and implement all policies and legal provisions through implementing the recommended activities in coordinating, 53 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) integrating and building the capacity of local stakeholders at all levels on gender mainstreaming within the road project influence zone. The company should do more and commit itself for the actual implementation of gender and social development programs through creating ample job opportunities at different levels based on their capacity and interest so as to ensure gender equality and the empowerment of women at the company level. So that, recommended achievements will be realized through further increasing and balancing women employees based on company human resource management needs and capabilities. If women are sexually assaulted or raped by co-workers or outsiders in the project site; the contractor will be responsible to provide counseling service and treatment through its clinic staff and HIV/AIDs team. If the case is found to be beyond the capacity of the clinic, the contractor will be responsible to take the abused for treatment to higher level medical facilities that are located outside of the project site and assist the abused in the purchase of medicines and hospitalization. In addition to supporting in the counseling and medical treatment, the Contractor will also assist the abused to take the case to legal courts. In addition, it is proposed to employ a Gender expert under the monitoring consultant who will be responsible to create awareness and sensitization among the construction team and also within the community; and also monitor issues and indicators related to Gender. The Gender expert is also expected to work in liason with each of the woreda’s women’s affairs offices. 6.7.Sexually-transmitted Infections and HIV/AIDS Ethiopia is amongst those countries where sexually transmitted infections and diseases (STIs, STDs) are highly prevalent. However, information on the seroprevalence rates of STIs, except for HIV infection, is scarce. Modelled data suggest a rise in prevalence of HIV in rural areas of Ethiopia (2003: 2.6% of all individuals) and in all the country (2003: 4.4%), but a stable or declining prevalence from much higher levels in the urban areas (Addis Ababa, 2003: 14.6%) (MoH 2003). Deaths due to AIDS brought life expectancy down from 53 to 46 in 2001 (MoH 2004). Transmission is largely heterosexual (87%), with about 10% mother to child and some evidence of involvement of sharp instruments (MoH 2004) (e.g. for tattooing, circumcision, tonsillectomy, especially in rural areas). In the project area there were about 475 individuals (168 male, 307 female) who have been living with HIV/AIDS various and 68 new cases (24 male, 44 female) were identified in 2016 and 9 deaths due to HIV/AIDS were registered in the same year. The intrusion of quite a large number of labours for the implementation of the road projects to the local area, will definitely affect the social matters of the area. The migrant population may have different degree of understanding and knowledge towards the STD and HIV/AID than the population in the area. Moreover, there may be also new migration to the towns in the area in search of jobs, merchandise, etc expecting the opportunity of available market due to the project participants. The improvement of road conditions would result in an increased number of traffic. There would be a higher number of trucks carting goods and farm produce from various communities and therefore the chance of truck drivers sleeping over in the communities is high. The influx of migrant workers could also impact negatively on the traditional values and morals of the local people. These increase the likelihood of drivers soliciting for sex with women and young girls in the communities, thus increasing the risk of HIV/AIDS spread and teenage pregnancy cases. The impact from the construction camps that are constructed close to settlement areas may also contribute more to the spread of communicable diseases such as STDs and HIV/AIDS. Project Construction workers and truck drivers are considered to have high potential for the spread of HIV/AIDS and other sexually transmitted diseases due to their mobility. This is partly because construction workers are mostly young, sexually active group of the population, mobile and are partly because they are forced to live in hotels and camps without their families. 54 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Consequently, expansion of HIV/AIDS and other sexually transmitted diseases have been one of the anticipated negative impacts of the road projects. Even though it is difficult to indicate the impact by tracing figure, the actual situation in the project areas indicate increment of exposure to HIV/AIDS in association with influx of considerable number of construction workers to the project areas. As a result, ERA`s social protection policy urges that, the Contractor shall conduct HIV/AIDS awareness programme via an approved service provider and shall undertake such other measures as are specified in Contract document to reduce the risk of the transfer of the HIV virus between and among the Contractor’s Personnel and the local community to promote early diagnosis and assist infected individuals. The Contractor shall throughout the contract (including the defects notification period):( i) conduct information, Education and Consultation Communication(IEC) campaigns , at least every other month, addressed to all the site staff and labour (including all the Contractor’s employees, and all truck drivers and crew making deliveries site for construction activities) and to the immediate local communities, concerning the risks, dangers and impact and appropriate avoidance behaviour with respect to Sexually Transmitted Diseases(STDs)-or sexually transmitted infections(STIs, in general and HIV/AIDS in particular:(ii) provide male and female condoms for all Site staff and labour as appropriate; and(iii) provide for STI and HIV/AIDS screening, diagnosis, counselling and referral to dedicated national STI and HIV/AIDS program,(Unless Otherwise agreed) of all Site staff and labour. However, during the field survey it has been observed that in most cases/projects the issue of HIV/AIDS has never been considered and in a very few projects its implementation was started lately after the commencement of construction works. This means after the widespread of HIV/ AIDS pandemic. This vividly indicates that very little effort has been made to address this issue, including a lack of monitoring of progress, or the lack thereof, in achieving the intended outcomes. While attempting to design road projects to achieve inclusive social objectives is, on paper, clearly desirable, it must be questioned whether road projects are the most efficient menace of achieving such objectives. Agencies responsible for designing, implementing and maintain roads are not responsible for HIV/AIDS education 6.8. Vulnerable Groups The social survey and subsequent analysis indicate that the following groups are particularly vulnerable, i.e. at greater risk of further impoverishment as a result of project-induced changes due to lack or resources, social exclusion, disability, inability to adapt, etc: • Widowed women / female-headed households (~13.5% of all households). • Households with non-productive members due to disability or age. • Households with limited assets (land, livestock) and/or limited access to alternative income sources (the majority). • Households with poor quality land (locally, three grades of land are recognised, and most households have plots reflecting this spread). • Households with many members, not matched by landholdings (the typical family size is 6.7, but some households are larger. 6.9. Conflict and Security Issues In the past few months there were an inter-ethnic conflict and security problem in and around the road project corridor due to local insurgents. However, currently there is no security issue that may jeopardize the implementation of the road construction project in general and the RAP in particular. 55 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 7.Project Impact Identification 7.1. Project Affected Persons (PAPS) The impact of the project on households varies. Some households will only be affected during construction and afterwards they will be able to continue utilizing the portion of land in the area as before e.g. for crop farming and animal grazing. Other households will suffer loss of secondary assets such as water tanks, gates, animal sheds, lavatories, fences, etc. while others will lose their dwellings, businesses or loss of income. Extreme cases of impact will be where entire parcels will be affected and thereby forcing PAPs to relocate completely. The results of household census survey and asset inventory showed that 779 households (5,196 PAPs) will be affected by the implementation of the road project under lot 2 and in the first 24 km. Among the project affected households 664 are male headed households and 105 are female headed households. The main occupation for the household heads in the RoW is farming comprising (94. %). The remaining 6% comprises traders, government employees and others. The ethnic background of the affected HHs shows that the majority of the affected HHs (97%) belongs to the Oromo ethnic background and the remaining 3% are other ethnic groups. As per detail measurement survey, the project will be displacing households (physically and economically). Accordingly, 217 households (1,551 PAPs) will lose about 38.8 hectares of farmland,41 households (218 PAPs) will lose 42 housing units, 394 households (2,598 PAPs) will lose about 24,236 heads of different trees and 117 households (743 PAPs) will lose 2,370 liner meter fence. In addition to the above listed PAPs, 10 Households would be affected due to quarrying operations at km 129+200RHS. At this location 10 HH having 59 family members are impacted, and will have to temporarily abandon their normal activities within the demarcated buffer zone. 7.1.1. Fully Affected PAPs For this RAP all PAPs who will loss more than 20% of their farmland and/or source of income and will be unable to continue with their existing livelihood in the area that is left are considered as fully affected PAPs. Hence, the project will provide additional support to assist them in their livelihood restoration other than paying full compensation for the lost asset. In the project area, where the current RAP is prepared about 30 households (156 PAPs) will be losing more than 20% of their land holding or income source, 10 of them will loss 100 % of their business. 7.1.2. Partially Affected PAPs Based on the field assessment, 749 households (5040 PAPs) are partially affected by the project. These PAPs will loss less than 20% of their current farmland and /or business enterprise. These PAPs will receive full compensation for the lost assets and properties. These partially affected households will be able to continue living and working within their present plot of farmland and business enterprise with the amount of compensation paid for the lost asset and property. 7.1.3. Impact on Vulnerable PAPS According to ERA’s RPF and World Bank’s OP/BP 4.12, vulnerable groups can include households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged or 56 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) handicapped, households whose members are impoverished, or households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized. The household survey and assessment documented 67 households headed by elderly PAPs with physical challenges, about 105 women headed households and about 16 headed by people with disability. These three groups of PAPs require special assistance to smoothly facilitate their relocation activities during the resettlement process. The special assistance could be in demolition their targeted assets and reconstruction of their houses. Moreover, vulnerable households who live in their own houses and affected due to the upgrading of the project road will be given assistance and support by Woreda and kebele administrations. PAPs who may be HIV/AIDs positive and Persons Living with HIV/AIDS (PLWHA), disabled persons and elderly if relocated will be provided with special support and care because of the nature of their illness, age, mental or physical weaknesses they may be facing. World Bank policy requires restoration of the economic and social base, and assistance to vulnerable groups to improve their status. The challenge for the very poor may be to identify sustainable living and income- generating options that are acceptable and workable for them. The very poor might not have assets for compensation or income for restoration. Close consultation and careful data collection are necessary prerequisites for resettlement/relocation planning. For example, households with very small landholdings may lose their viability after land acquisition and require full income restoration, whereas a household with medium to large land holdings may require compensation only. In such cases a special fund should be established to help the very poor. 7.1.4.Impact on Women During the census survey 105 project affected households were female headed households and nearly 45% of PAPs were females. Accordingly, at the time of implementing the Resettlement Action Plan, a special attention will be given to gender issues due to the following reasons: - • Gender disparities that already exist in society and within the family tend to become aggravated in situations of involuntary displacement, rendering women and children, especially female children, vulnerable. This may manifest itself in greater morbidity or violence or fall in nutritional status. Equity in intra-household distribution of resources should not be assumed. • Involuntary dislocation could increase the burden on women. Generally, women are responsible for food, fuel, and fodder in the family. Often, fuel and fodder can become scarce as a result of negative environmental effects on natural resources like forest, water, and land. This can have direct impact on women, because they are responsible for gathering fuel and fodder. Unless this impact is addressed in resettlement execution, it could result in women spending more time and resources accessing these basic needs. Also, loss of grazing areas could result in sale of livestock. • Studies across the world have shown increase in morbidity and even mortality rates due to involuntary dislocation. Age specific death rates show higher mortality and morbidity rates for female children and of women up to 35 years, the most productive years. Given this, there is likelihood that if there is increase in morbidity induced by displacement, the first to be hit will be the females. Similarly, the nutritional and health status of women is lower than men even under normal circumstances. Some studies have indicated an overall decrease in health status, often due to a significant drop in the per capita calorie intake. (Ganguly Thukral 1996). 57 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Social impact of dislocation tends to affect women more than men. Breakdown of community and other social networks as a direct result of dislocation can affect women more than men because women rely and depend on community and other social networks for emotional and practical support, such as taking care of children. Dislocation can be traumatic if these networks break down. • Increase of social evils and violence against women could increase because of displacement. Alcoholism, prostitution, and gambling resulting from displacement affect the lives and status of women. Women are sometimes forced to face new forms of violence, such as sexual abuse and prostitution. Gender disparities embedded in social practice and tradition render women vulnerable to sexual and physical violence. Involuntary dislocation and displacement can increase morbidity. It can affect people both physically and psychologically. Loss of land or livelihood can result in loss of self-esteem in men, which in turn sometimes leads to violence against women and children. • The needs and problems of women are likely to be different from those of men, particularly in terms of social support, services, employment, and means of subsistence for survival. For example, relocated women might face greater difficulty than relocated men in reestablishing markets for home industry produce or small trade items if they are constrained by lack of mobility or by illiteracy. • Security of tenure is an important issue. It can even be more important for displaced women because they could become disenfranchised. Single women, widows, and women-headed households could potentially be divested of land and property by family members. Thus, the support to be provided for female headed households should include the following packages: • building and rebuilding of residential houses, • transferring and transporting of household items and materials to the newly constructed residential houses or businesses, • Provision of appropriate and adequate toilet and sanitation facilities, • In situations of involuntary dislocation, provision of free and compulsory education should be one of the first amenities to be developed, along with housing and sanitation, • Female staff should be assigned by the concerned Woreda Administration to work with and assist women in all aspects of resettlement activities, including implementation of income restoration programs. Involve women’s groups in resettlement management and operations, job c reation, and income generation. Consideration of gender issues is crucial in the implementation of resettlement and rehabilitation programs, • Special needs and requirements of women must be considered and addressed in all program aspects—site selection, site and housing design, provision of civic infrastructure, access to service, provision of land and housing title, payment of compensation, and income restoration, • Ensure that the process of land acquisition and resettlement does not disadvantage women; • Ensuring that land titles and compensation entitlements are issued in the name of both spouses; • Reducing women’s workloads by providing, for example, standpipes, hand pumps, grinding mills, woodlots, fuel efficient stoves, ox carts, and plows; • Improving health services by providing training for village midwives, primary health care centers, child spacing/family planning counseling, clean water supply, and sanitation training; • Improving family services by providing immunizations, child care for wage earning women, primary schools, inputs for food-crop production, and housing; and increasing incomes by setting up credit groups, skills training, and access to markets; 58 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Improving educational opportunities (providing literacy and numeracy training, promoting girls’ education); • Improving access to productive assets (credit, legal reform); • Improving participation in decision making (support for women’s interest groups); and • Promoting equal opportunity for women’s employment 7. 2. Impact on Physical Assets 7.2.1. Impact on Agricultural land The major potential impact of this section of the road project on the socio-economic environment and on the livelihood of the communities is due to land acquisition. The land required will affect farming land that is used to grow crops (annual and perennial) and trees. The main cause of the impact is land acquisition for construction of the realignment sections, alignment improvements, widening the road width, disposal of spoil materials and for exploitation of construction material sources (quarries and borrow pits). In the project area most of the available land is under intensive agricultural activities and settlements. Disposal of spoils on agricultural lands aggravates the existing shortage of arable land and grazing area to support the existing human and livestock population. In addition, the topography of the area is dominantly hilly and rolling. Consequently, in most places there is no option to locating disposal sites rather than on farmlands, grazing areas or on slopping lands or at close vicinity to streams. In addition, the road project causes a temporary loss of lands in relation to construction of diversion roads, access roads to material sources, materials processing sites and camps, and establishment of construction camps. Accordingly, as indicated in the proceeding section about 38.9 hectares of farmland owned by 217 households (1,551PAPS) will be affected. Out of these, about 16.9 hectares will be permanently affected due to ROW widening, 10.2 hectares for camp establishment and 11.8 hectares for quarry and borrow sites. Table 6:- Summary of Land Acquisition Requirements Required Area (ha) Purpose Permanently Temporarily Right-of-Way for road 16.9 widening Camp Site - 10.2 Construction Material Sources - 11.8 Total 16.9 22 Source: Inventory Conducted by the Property Valuation Committee, 2017 As indicated above, except the right-of way requirement, the other land requirements are to be alienated temporarily. Thus, the permanent compensation is for the 16.9 ha while for the temporary compensation is for 22 ha. The basic assumption here is that those temporarily alienated land will be reinstated to their original status and the PAPs could reuse the land. Close follow up will need to be made to ensure that the land is fully re-instated before the completion of the project and is handed over to the owners. 7.2.2. Impact on Trees and Plantations It is previously mentioned that, agriculture is the mainstay of the people residing along the road with minor petty trading in urban areas. The road will provide job opportunities to local communities and migrant workers. However, there will be disruption of economic activities (farming, grazing land, plantation etc.), 59 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) which will be affected either temporarily or permanently. Accordingly, about 24,236 different valuable trees owned by 394 households (2,598PAPs) will be affected by the widening of the existing ROW. However, since the project has only a linear impact on land a small stripe of farmers land will be affected and farmers livelihood will not be significantly affected. Table 7:-Type and Number of Trees Affected Types of Tree Affected Quantity Eucalyptus 18,260 Coffee 1,527 Others 4,449 Total 24,236 Source: Asset Inventory Conducted by Property Valuation Committee, 2017 7.2.3. Impact on Housing The findings of the census survey and asset inventory showed that the project would affect 42 housing units that have occupied about 1,755 m2 area. Out of the total affected housing units 25 are residential houses, 12 are shops and small tea shops and 5 have been using for other different purposes. Moreover, out of the 42 affected housing units, only 12 will be fully demolished and require relocation. However, all will be accommodated in the remaining plot of land by moving to the back side (residual land). PAHs will be compensated at full replacement cost and are eligible to salvage the material. Cost of compensation has been calculated without considering the depreciation costs. Table 8:-Summary of Affected Building Structures S.N Types of Building Structures Affected Number Area Affected Affected (Sq.m) 1 Residential Houses 25 1057 2 Small Shops and tea rooms 12 333.58 3 Others 5 364.52 Total 42 1,755 Source: Asset Inventory Conducted by Property Valuation Committee, 2017 7.2.4. Impacts on Social Infrastructure and Utilities It is anticipated that some water supply lines, poles and other infrastructures will be dislocated in different towns and villages found along the road upgrading project during the construction period because of their location within the right of way. Accordingly, about 235 electric poles will be relocated from the road project ROW (116-140km section). In addition, 6 water supply structures will be affected. The impact created due to the relocation of affected houses and utilities can be avoided and/or considerably reduced by careful and appropriate engineering designs. Thus, the design of the project road should give due attention for not disturbing houses and utilities in the urban sections due to the widening of ROW and new realignment sites. In addition, prior to the commencement of construction, all public To this effect, ERA should notify the appropriate authorities the relevant dates and request completion of relocation works for the utilities before the commencement of the construction works. Once compensation 60 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) is paid by ERA to the service providers of the utility lines, it should be removed within a given time frame from the date of receipt of the compensation. However, the required measures for protection or relocation of existing services (utilities) will be proposed to be included in the works activities. services that will be affected should be relocated to minimize disruptions to the services. 7.2.5 Impacts due to ancillary work sites There are significant number of plots of land occupied for ancillary works at different locations. There is one quarry, one crusher and one asphalt plant site, two borrow pits, nine spoil disposal sites, one main camp, office and garage sites within the MS-1 stretch. List of the ancillary work sites within the MS-1 section is provided in annex - 3 . Most of the sites are located away from settlements, at open spaces or surrounded by forested lands, and impacts are limited to vegetation clearance and land disturbances. However, the quarry at km 129+200 is located closer to farmers settlement and farmlands, and has caused additional socioeconomic impacts on the people living near to the quarry. The following section provides detail discussion on the scope of impact and mitigation measures agreed with PAPs. 7.2.5.1. Impacts due to quarry, crusher and asphalt plant site operation The location of the crusher and asphalt plants as well as that of the borrow pits are relatively away from settlements. The nearest settlement to the crusher plant location is at about 600m distance while it is further distance from the asphalt plant location. The crusher plant is located on Left Hand Side and adjacent to the existing road alignment, while the asphalt plant is at offset distance from the road. The plant location is surrounded by forested land towards the wind direction and dust rises from the plants is mostly trapped by the adjacent vegetation cover on that direction. Moreover, dust suppression measures are implemented to suppress dust pollution from the crusher plant effectively and no significant impact has been felt at those locations, unlike that of the quarry site. The quarry located at Km 129+000 RHS is the main source of aggregates which will be used for the construction of Sub base, Base course and Asphalt works. The location of the Crusher and Asphalt plants as well as that of the borrow pits are significantly away from the settlements. The nearest settlement to the Crusher Plant location is at about 600m distance and further distance from the Asphalt Plant location. The Crusher Plant is located on Left Hand Side and adjacent to the existing road alignment, while the Asphalt Plant is at offset distance from the road side. Moreover, dust suppression measures have been implemented on the Crusher Plant so as to reduce the effect of the dust produced from the Crusher Plant on the surrounding environment. However, the quarry is located closer to some settlements and farmlands which might be affected by the flying rocks coming from the blasting operation of the quarry. Hence, the project conducted consultations with PAPs to identify the impact of the quarry operation and mitigation measures. Accordingly, agreement has been reached to implement additional mitigation measures for the impacts due to flying rocks from the quarry located at km 129+000. Accordingly, it has been decided that a buffer zone to be demarcated between the activity sites and the settlement areas of the surrounding community, in such a way that 61 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) expected maximum distance of the flying rock can be contained within the demarcated buffer zone. It is expected that no flying rock effect will be experienced outside of this maximum distance. To determine the Area of Influence (AoI) from the quarry site, data have been recorded based on consultation with PAPs and key stakeholders; physical observations made by the site operators as well as information gathered from the communities in the area; and information on the occurrences and maximum distances travelled by projectile motion of flying rocks during free blasting (without controlled blasting) operation at site. Assessment of impacts due to flying rocks in the area were also conducted. Surrounding communities were also interviewed and information gathered on the signs and happenings of broken rock fall in the premises and people living within 500m radius from the quarry location. The maximum distance travelled by the flying rock that happened during free blasting operation was observed and it has been noted that it is less than 400m radius from the periphery of the quarry location; and hence, the area within 400m radius is considered as the influence zone. It is expected that no flying rock effect will be experienced outside of this maximum distance (influence zone) and the travel distance of the flying rocks has been further reduced by implementing controlled blasting during the blasting operations on regular bases. Accordingly, a buffer zone of radius 400 meters from the periphery of the quarry location has been demarcated to be acquired for the intended purpose. The land use /land cover of plots within the new influence zone are mixed type comprising of farmlands, settlement and vegetation cover. It has been inventoried and recorded that 15 House Holds located within the demarcated plot size have to be compensated for losses. While 10 hhs need to be relocated temporarily at a safer location, the remaining 5 HHs have to be compensated in monitory term for loss of farmland and trees (table under annex -3). The additional area of land proposed for the purpose of bounding the buffer zone of the quarry (blasting area) is estimated at 87,759M2, and is totally occupied by those PAPs. The land use types are residential settlement, tree and farmlands. Asset Inventory and Property Valuation has been undertaken by the asset valuation committee and compensation was estimated as per the National policy and project RPF. Both the policy and framework highlight that compensation should be at full replacement value based on current market price. Accordingly, a total amount of ETB: 1,256,075 (Ethiopian Birr: One Million Two Hundred Fifty Six Thousand Seventy-Five) has been paid for 15 HHs found within the influence zone. The Woreda administration is identifying land for temporary location for 10 HHs who have houses within the AoI. However, during the recent consultation, the team identified that all the PAPs living within the influence zone reported that they do not want to move to a different place. Therefore, the following options have been suggested for the PAPs to choose their convenient alternative. Alternative-1: The Households will occupy their original location and whenever blasting activity is conducted, there will be adequate notification (by convenient means of speaker) for each Households in advance of at least 2 Hours before blasting activity is started. In addition, to avoid any risk on the people and their livestock, the local police officers will come to the village and ensure that the area is free from people and livestock before blasting started. 62 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Moreover, though ERA paid full compensation for all assets and properties found within the influence zone, the Contractor offered to restore any damage on their house due to the blasting activities of the quarry located at Km 129+000. In addition to the above, for further mitigation of the impact of blasting on the surrounding environment, controlled blasting will be undertaken to minimize the vibration effects and travel distance of flying rocks and announcing the blast time and posting of warning signs at strategic locations will be implemented regularly during blasting time. Alternative-2: until the permanent relocation site is arranged by the woreda, the Employer will cover the expense for temporary relocation/rental houses. The detail disbursement schedule will include the following; i. The average monthly house rental rate is estimated to be ETB: 2,000/Month/HH according to the market condition of the area. ii. Mobilization cost ETB: 1,000/HH Therefore, a total of ETB: 110, 000.00 (Ethiopian Birr: One Hundred Ten Thousand Only) will be paid by the Employer for Five Month duration of time to rent houses and mobilize households to the temporary relocation site. The Employer will extend the time limit (Five Month), as required, until the Kiramu Woreda prepare the relocation site and permanently restore the PAP’s. After consultation and discussion with PAPs’ and concerned stakeholders, the PAP’s have selected the first option and the same is confirmed with their signature. The name and title of the concerned stakeholders and PAP’s who have participated on the meeting and the agreements made with the Contractor and PAP’s are attached as annexes. In general, the following safeguard requirements related to Asphalt Plant, Crusher Plant, borrow pits and quarry sites operations will be implemented by the Contractor and checked by the Monitoring Consultant. i. When they are no longer required, all quarry sites, borrow pits and areas used for the disposal or storage of surplus materials and asphalt plants, shall be reinstated by landscaping including the replacement and spreading of topsoil as directed by and to the satisfaction of the Project Manager. ii. To avoid unnecessary stagnant of water temporary erosion control may be provide for the construction outside the right-of-way where such work is necessary, as a result of roadway construction, such as borrow pit and quarry operations, iii. Appropriate precaution measures will be implemented in order to avoid damage to health from air pollution, communicable diseases such as tuberculosis, and also malaria whose transmission may be enhanced by pits (collecting water) created from excavation and quarrying during construction activities, as well as injuries. iv. The Contractor has prepared plans for explosives handling and blasting operation and adopted a suitable blasting methodology both at the road side slope cuts and at quarry development sites which highlights the safety measures and care to be exercised while blasting is running. 63 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Figure 5:- Location Map of ancillary work sites Table 9:- Summary of affected properties at buffer zone of quarry km 129+200 Affected Affecte Family Members HH- holdings Compensa Property d M F T VG Unit Total Affected % tion Type HH affected estimated Houses 10 28 31 59 - ha 0.0437 0.0437 100 626,348.8 Fences 3 8 11 19 - M - 95 - 13,585 Farmland 10 30 30 60 3 ha 21 8.7759 41 274,597 Trees 15 47 46 93 3 No - 2562 - 341,544.4 Total 1,256,075 Note: HH = House Holds, VG = Vulnerable Group 64 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Figure 6:-Location Map of Quarry Site 65 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 66 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 8.Valuation and Compensation Methods for Loss of Assets 8.1. Compensation Procedures and Approach In this RAP, the methodology for valuing assets will be based on at Full Replacement Cost. Compensation will be based on Replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Replacement costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on-site management practices and thereby prevent damage. The replacement cost approach involves; • direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, • net depreciation, • moving expenses and • other transaction costs. World Bank’s OP 4.12 defines replacement cost, “method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transition costs. In applying this method of valuation, depreciation of structures and assets should not be considered.” The strategy adopted for compensation of the affected properties / assets follows the Federal Government and Regional Government laws and regulations and OP4.12 of the World Bank Involuntary Resettlement Policy. Compensation for crops, structures, business, fixed improvements and other temporary impacts are based on among other things on market valuation, production & productivity valuation, material and labor valuation, and other associated costs and most importantly as per full replacement cost. Compensation for temporary impacts is calculated based on the criterion/principles; Compensation equivalent to lost income required for the duration of impact, • Compensation equivalent to lost income required for loss of access, and • Physical restoration of assets (or access). In addition, PAPs will be provided transitional assistance which includes moving expenses, temporary residence (rent fee for a maximum of 12 months) (if necessary), employment training and income support. In case of temporary impact, if duration of impact exceeds two years the PAPs will get additional compensation by considering the project impact is permanent and not any more considered as temporary. PAPs who do not have legal title will get resettlement assistance. However, the PAPs identified in this RAP have a legal title for their holdings. Table 10:- Replacement cost by type of impact No. Agricultural Land For Public Infrastructure For Houses I. It is the pre-project or It is the pre-project or pre- It is the market cost of the pre-displacement, displacement, whichever is materials to build a whichever is higher higher with similar or replacement structure (house) improved public with an area and quality infrastructure facilities and similar to or better than the services and located in the affected house, or to repair a vicinity of the affected area partially affected house II. Market value of land of The cost of any registration The cost of transporting equal productive and transfer taxes building materials to the potential or use located construction site in the vicinity of the affected land III. The cost of land The cost of transporting The cost of any labour and preparation to levels building materials to the contractors' fees similar to those of the construction site 67 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) affected land IV. The cost of any The cost of any labour and The cost of any registration registration and contractors' fees and transfer taxes transfer taxes 8.2. Basis for Valuation The basis for the valuation of affected assets and properties is Gross Current Replacement Cost (GCRC). ERA’s RPF defines Gross Current Replacement Cost as ‘the estimated cost of erecting a building as new having the same gross external area as that existing with the site works and services on a similar piece of land’. 8.2.1. Valuation for Loss of Houses In determining replacement cost for loss of houses, the following points are considered; • Current construction cost and no allowance for deprecation is considered; • Depreciation of the asset and the value of salvage materials are not considered, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset; • The unit rate (or bill of quantity) is estimated based on the type of the affected houses. The cost of each house that would be replaced is estimated based on specification and bill of quantities prepared by the municipalities of each town and verified by the valuation committee and PAPs; • Estimate the disturbance allowance. The disturbance allowance is considered to cover the loss of established businesses and include social disruptions and inconveniencies. Disturbance allowance will be used by PAPs to cover expenses associated with relocation including access to social and public services. PAPs losing part of their housing plot that is located either in rural or urban areas will be allowed to retain the remaining portion of the plot to construct new houses and if it is located outside of the ROW. However, full compensation will be provided. The formula adopted as per council of Ministries regulation 135/2007 shows; • Cost of construction (current value) • Cost of permanent improvement on land • Amount of refundable money for the remaining term of lease contract Table 11:-Types of Structures and Average Construction Cost Types of Structures Number Area Average Total Cost Affected Affected Unit Cost (Square Meters) House Structure Mud and wood Wall with 4 68.71 541.84 37,229.5 Grass Roofing Mud houses with CIS 38 1,687.35 1639 2,765,567.98 Roofing Sub-Total(A) 42 1756.06 2,802,797.48 Fence 2370 127.68 302,686 Grand-Total 3,105,483.48 Source: Property Valuation Committee, 2017 68 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 8.2.2. Valuation for permanent Loss of Agricultural Land / Crop Loss The principle for permanent loss of agricultural land /crop loss/ is that it should be compensated with land for land compensation (or land for land replacement) in those areas where land is available for replacement. In the extent at which the agricultural land lost cannot be replaced, the principles for monetary compensation will apply. Cash compensation will be paid for loss of crops and trees both temporarily and permanently affected. The compensation rates for loss of trees and crops from lost agricultural land are established by the Woreda agriculture and rural development offices. The unit rates for loss of trees and crops from lost agricultural land will be prepared by the valuation committees and submitted for approval to the Resettlement / implementation committees. Table 12:-Valuation formula for perennial crops Crops Unripe perennial crops Ripe perennial crops The total area of the land in m2 Annual yield in kg No. of plants (legs) Value of the crops per kg Cost incurred to grow an Current price of the produce individual plat The number of crops to be obtained Cost of permanent Cost of permanent per m2 improvement on land improvement on land Cost of permanent improvement of land Table 13:-.Types of Losses from Agricultural Land No. Category of Losses Type of Losses A Permanent and Temporary loss of Farmland (annual & perennial crops) land Land planted with Timber Trees Housing plot and compound Business premises plot B Income sources and livelihood Income from standing crops Income from share cropping Income from affected business Income from perennial crops Income from trees C Public utilities Loss of Electricity and Telephone poles D Environment related Environmental impacts that will result due to construction activities / works FDRE Proclamation 455/2005, Article 8 (displacement Compensation) No. 1 states that; “A rural landholder whose landholding has been permanently expropriated shall, in addition to the compensation payable under article 7 of this proclamation, be paid displacement compensation which shall be equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land” 69 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The principle of compensation also follows that of income restoration of PAPs. According to the five-year average crop budget and gross income is calculated and the proportion of income equivalent to land loss is determined. 8.2.3.Valuation for Temporary Dispossession of Agricultural Land The valuation methodology for crop loss from temporarily affected agricultural land is identified: • Current market price per crop type Land type (irrigated and non-irrigated) and size for each type of crop • Average production per hectare (Five-year average productivity) • Number of farming season (or production season) Agricultural land valuation will consider the five-year average annual productivity from the land and calculate the number of years that the land will be acquired. Table 14:- Summary of crop land affected along the road and cost for Compensation S.N Description 1 Estimated Farmlands Permanently affected due to ROW 16.9 widening in hectares 2 Estimated Farmlands Temporary affected due to ROW 27.13 widening in hectares 3 Average Productivity per hectare in Quintals in the Woredas 20.67 traversed by the road project 4 Average Price per Quintal in Birr 517 5 Estimated Compensation cost for Permanently affected 16.9*20.67*517*10 farmlands for ten years =1,805,999.91 6 Estimated Compensation cost for Temporarily affected 27.13*20.67*517*3 farmlands for three years =869,765.28 2,675,765.19 ETB Source: Property Valuation Committee, 2017 8.2.4. Valuation for Impacts on Different Types of Trees The affected trees are divided into two major categories, namely; timber trees and fruit trees. The most affected trees are timber trees. The fruit trees that will be affected are papaya and Mango and the largest number being Mango. Table 15:-Estimated Compensation Cost for Affected Trees Types of Tree Average Estimated Compensation Quantity Affected Price Cost Eucalyptus 18,260 99.9 1,824,639 Coffee 1,527 72.46 110,640 Others 4,449 127.2 565,972 Total 24,236 2,501,251 Source: Property Valuation Committee, 2017 70 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 8.2.5. Valuation for Public Utility Lines Public utilities that will be affected due to the construction of the road project include telephone and electricity poles. Accordingly, about 235 electric poles and 6 water supply facilities will be relocated. To relocate these utilities services about ETB 707,500 is required. ERA will be responsible to notify the appropriate authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The relocation of the affected public properties is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works. 8.2.6. Valuation for Buffer zone to mitigate impacts at Quarry km 129+200 In response to the impacts that will be caused by blasting operation at Quarry site of km 129 +200RHS, a buffer zone is to be demarcated as a safety zone to mitigate the damages of fly rock during blasting. There are houses (10) to be relocated and farmlands and trees within the demarcated area. Compensation estimates have been done as described in table below. Table 16:- summary of compensation estimates for buffer zone at Quarry at km 129 +200 Type of property Quantity Compensation affected estimated Houses (ha) 0.0437ha 626,348.8 Fences (no) 95m 13585 Farmland (ha) 8.7759ha 274,2745 6.7 Trees (No) 2562 trees 341,544.37 1,256,075.0 8.2.7. Livelihood Restoration Income restoration is an important component for the rehabilitation of PAPs who are considered to be fully affected. As per this RAP findings, about 30 HHs (156 PAPs) will be fully affected due to the fact that they will be losing more than 20% of their current primary sources of livelihood/income (land/business enterprise) and are assumed to be severely affected due to the project road related activities including ROW widening, Camp establishment, hot mixing and crusher plant, quarry and borrow sites, access roads, and others. The income restoration measures will also target the vulnerable persons to ensure that they are reasonably assisted to overcome potential economic shock from the project, and maintain the quality of life not less than their pre- project state because; they are at higher risk than others based on their vulnerability status. 71 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) The strategy to restore the livelihood of PAPs can be both short term and long term., The short term strategy will involve provision of employment opportunity in the project depending on the needs, skill and capacity of the PAPs. The long term strategy includes providing capacity building trainings and basic business commencement inputs. Thus, LRP will be done as soon as the RAP report is approved by the World Bank. Meanwhile, the type of livelihood restoration measures suitable to each PAP will be identified by the Livelihood Specialist to be hired by the Contractor in consultation with respective Woreda Administration and the PAPs. For instance, PAPs level of education, age and present means of livelihood, interest and capabilities will be assessed. 9.Implementation Procedure and Organizational Responsibility This section discusses on the implementation procedures, role and responsibility of organizations, and institutions that are responsible in the implementation of this RAP both at Federal and Regional Government and at grass root level. The Ethiopian Roads Authority (ERA) is the main responsible body for initiating the preparation of this RAP document, execution of the compensation payment as per the Federal Government Proclamation 455/2005 and Council of Ministers Regulation No. 351/2007; and ERA’s Resettlement/Rehabilitation Policy Framework (RPF). In ERA, the Environmental and Social Management Team (ESMT) are directly responsible for the review, monitoring of Resettlement Action Plans. ESMT is also responsible and is in charge for the identification of adverse environmental and social impacts and for monitoring the implementation of its mitigation measures. The ROW team from ERA’s Western Regional Directorate will be responsible for the implementation and payment of compensation. ERA’s Regional Directorate will have a major role in the coordination of the project planning, procurement and implementation. At Regional Government level, the Regional Bureau of Land and Environment Protection will play a monitoring role while Woreda administration offices will play key role in the facilitation and implementation of the RAP by establishing Resettlement / Implementation Committees and Property valuation committees, by providing land for relocation, coordinating compensation payments, addressing grievances and related issues. The Woreda administration is the main administrative body that is endowed with the power to oversee the implementation of RAP activities and which has the face to face contact with the community and PAPs. At Woreda level; the Woreda Administration Offices, Woreda Agriculture and Rural Development Offices, Municipalities of those towns located along the project road and Kebele administrations (Rural and Urban); and Clan and Religious leaders will play very important role in the implementation of the RAP. In addition to Government institutions, Representatives of PAPs will have important role to play in the planning and implementation of the project. PAPs will elect their representatives who will represent them in meetings and discussions to be held with the Woreda administration, valuation committee, and resettlement/implementation committee and with the ROW Agent from ERA’s Regional Directorate. 72 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 9.1. Organizations at Federal Government Level Organizations that operate at the Federal Government level and have some role to play in the planning and implementation of the project include the Ministry of Transport & Communication, the Ministry of Finance and Economic Development (MoFED) and Ethiopian Roads Authority (ERA), which is the implementing agency. The Ministry of Transport & Communication and Ministry of Finance and Economic Development provide the overall policy guidelines and coordination at Ministerial level and also provide adequate governance and management; and budget release for timely operation. ERA, which is the client of the project, has extensive experience in the preparation and implementation for a number of RAPs that were prepared for road projects. In ERA, the Environmental & Social Management Teams are responsible for the monitoring & evaluation of for the implementation of RAP under road projects. The following table shows the different organizations operating at Federal level that will have the role and responsibility in the planning & implementation of the upgrading of the road project. Table 14 shows list of institutions/stakeholders that will have role during planning & implementation of RAP at the Federal Level. 9.2. Regional Government Level According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions. This is also true for Woreda (or district) administrations. Each Woreda administration is governed by its own elected council. The Woreda council is similar to that of the Federal & Regional Parliament in its structure; and appoints the executive committee which is responsible to run the day today activities of the Woreda. 9.3 Responsibility of Stakeholders for Implementation of RAP at Project area level The implementation of the RAP study at project level involves several stakeholders. The major role players being the owner of the project ERA, the local administration and the respective delegated committees, the supervision consultant and the design - Build Maintain contractor. The road contractor with the support of the local administration, specifically the Asset Valuation Committee prepares the RAP document based on site assessments, inventory and consultation of stakeholders and PAPs. The contractor also prepares Site Specific Safeguards Management Plans (SSMP) for each of the land acquisition requests and submits for approval by the client. The supervision consultant reviews the RAP and SSMP and related project documents prepared by the contractor, facilitates the implementation of the plans and land acquisition processes, stakeholders' participation and consultation. Overall, the supervision consultant advices and guides the contractor at all stages of the project implementation, oversees and monitors the whole process of the project implementation and reports on the performances of the project implementation. Handling of PAPs cases; compensation related issues and obstruction removal are handled by ERA, the respective woreda administration and through the committees established at each of the local administrations. Table below briefly describes share of responsibilities among those role players. Table 17:- List of organizations responsible for RAP preparation and Implementation 73 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) No Organization involved Responsibility 1 Road construction company Prepare Resettlement Action Plan based on the final design (JMC Projects India Ltd) 2 Ethiopia Roads Authority 2.1 Supervision consultant The supervision consultant through its resettlement expert oversee the preparation of the RAP, receive the RAP from the contractor, do quality assurance review Responsible for the day to day monitoring of safeguards implementation. 2.2 ERA’s Design and Build Responsible for budget Allocation, Coordination and Contract Management implementation of the overall activities of the project; Directorate 2.3 ERA's Environmental and Review the RAP, livelihood restoration plan Social Management Team Monitor the implementation . (ESMT 2.4 Right of Way agent Supports the Asset valuation committee in registration, measuring, and estimation of affected properties Facilitate the execution of compensation payment 3 Oromia National Regional Provide Political and Administrative support for the Government implementation of the project and the RAP 4 Zone Administrations Coordinate the different Woredas affected by the project; coordinate the implementation of livelihood restoration activities for PAPs 5 Respective Woreda Establish Resettlement Committee, Property valuation Administrations committees, Facilitating the relocation sites (as needed) and the restoration of services, Ensure that PAPs are compensated as per the federal and regional guidelines. 6 Respective Kebele Provide advice on the fairness in relocation process and valuation Administrations of compensation Work with the woreda people in facilitating relocation sites 7 Respective Municipalities Identify land for the relocation of PAP and provide support in restoration; and provide special attention and support for the disabled, sick, elderly and female headed households 8 Property valuation committees Register and vale for compensation of all properties to be affected due to the road project 9 Resettlement committee Responsible for the overall implementation of the RAP 10 Elders and Religious Leaders Provide advice on the fairness in relocation process and valuation of compensation and coordinate on the support to be made for elders, FHH and elderly; and play mediation role in case misunderstandings are created between PAPs and local authorities 11 Representatives of PAPs Represents PAP in all meetings and discussions held with ROW agent, with other offices, serve as committee member 74 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 12 Grievance Redress Committee Responsible for addressing issues raised due to the construction of the road project 9.4 Coordination between different agencies and jurisdiction ERA in consultation with the Ministry of Transport (MoT), and Ministry of Finance and Economic Development (MoFED) will carry out the coordination work among the different actors at Federal level; and the jurisdiction between the different donor agencies shall be mainly the responsibility of MoFED & MoT. ERA’s Western Region Directorate will have a major role in the coordination of the project planning, procurement and implementation. ERA’s Western Region Directorate will be responsible for the implementation and supervision of this RAP including the livelihood restoration measures. At Regional Government level, the Regional EPA will mainly play a monitoring role while Woreda administration offices will play key role in the facilitation and implementation of the RAP by establishing Resettlement / Implementation Committees and Property valuation committees, by providing land for relocation, coordinating compensation payments, addressing grievances and related issues. 9.5. Resettlement / Implementation Committee Woreda level resettlement / implementation Committee is established with the responsibility of planning, coordinating and monitoring of compensation payments and relocation activities. The Woreda committee will also be responsible to establish similar committees at town and Kebele administration level. The Woreda level resettlement/implementation committee will have the mandate, authority to ensure the proper implementation of this RAP, assess the timely payment of compensation to the PAPs and other support mechanisms. The committee will report directly to the Woreda Administration offices and to ERA and Supervision Consultant. The task and responsibility of the resettlement/implementation committee is challenging, demands dedication and extra effort. The committee will be provided with necessary materials and equipment and daily allowance to carry out its tasks. Duties and Responsibilities of the Committee • Coordinating and supervising valuation committee, compensation payment, relocation activities • Ensure that appropriate compensation procedures are adopted and followed, • Establish Kebele level resettlement / implementation committees, • Reallocate land to permanently affected households (if needed) • Monitor the disbursement of funds, • Guide and monitor the implementation of relocation, • Coordinate activities between the various organizations involved in relocation, • Facilitate conflict resolution and addressing grievances The composition of membership for the Resettlement / Implementation committee varies in Rural & Urban areas. The following table presents the list of proposed members of resettlement committees for rural and urban areas. 75 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Proposed Resettlement Committees members in Rural Areas • Woreda Administrator representative – Chairperson • Woreda Agriculture & Rural Development Office Head • Woreda Capacity Building Office • Representative of ERA (ROW Agent) • Representtaives of PAPs Proposed Resettlement Committees members in Urban Areas • Mayor of the town representative –Chairperson • Town Engineer/Surveyor • Communication &Mobilization Officer • Representative of ERA • Representative PAPs 9.6. Property Valuation Committee Property Valuation committees are established at the respective Woreda Administration crossed by the road project. Once established, valuation committee will review the list of PAPs, registration of assets and properties; and shall establish unit rates, considering, Proclamation 455/2005 and councils of Ministers regulation 135/ 2007. A number of professionals such as, agriculture experts and surveyors were involved in establishing the unit rates, measuring the size of affected land and properties for compensation purpose. 9.7. Capacity Building for RAP Implementers The RAP identifies some capacity gaps in RAP implementation particularly at local level. Thus, ERA’s Social Management Team (SMT) at Head quarter will organize capacity building trainings to resettlement implementation committee members, grievance redress committee members and other key stakeholders including the ROWMT members assigned for the road project prior to the commencement of the RAP implementation. The trainees should be aware and understand the laws and regulations of the country about the compensation issues and its implementation, and the WB policies and guidelines on Involuntary Resettlement i.e., OP/4.12. The RAP implementation committee and the road project ROWMT members will have adequate capacity to effectively undertake the responsibilities and duties assigned in relation to the project Resettlement and rehabilitation/restoration components. Since the documentation and reporting of the process of RAP implementation, monitoring and evaluation are to be done by the Woreda Resettlement Committee, the provision of orientation or training to the members will be very helpful for the smoothly implementation of the RAP. The following key components will be covered in the training program: • Understanding RAP Policy and Guidelines; • Understanding the RAP Implementation Schedule activities step-by-step; • Preparation of micro plans; • Good record and data management; and • Monitoring and reporting. The training venue can be arranged at respective Woreda capital town, which will be appropriate to invite the concerned people from all project affected Woredas. It will be an intensive training of 3 to 4 days to be 76 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) given by professionals of the field. Furthermore, capacity building program will be arranged for PAPS and other road side community members as part of livelihood restoration measures. The support may encompass provision of working premise, facilitation of loan and provision of entrepreneurship and related training. The Micro-enterprise Agency will organize comprehensive capacity building program so that the micro-enterprises sustain during the operation stage of the project. 9.8. Land acquisition processes and responsibilities for ancillary work sites The Land Acquisition request is initiated by the contractor through site assessments and preparation of request documents, including, material quality tests and Site-Specific Management Plan (SSMP). The local administration is fully involved and consulted during the site assessments and identification. The contractor assesses and identifies potential site for the planned purpose, in consultation with the local administration, undertake consultation meetings with the plot owners and with the local administration, prepares Site Specific Environment and Social Management Plan (SSMP) by describing location and baseline environmental and social settings of the plot requested and its surroundings, by identifying likely environment and social impacts and proposed mitigation measures to be implemented. Land acquisition request document including the SSMP and material quality reports is then submitted for the Supervision Engineer's approval. The so approved document by the engineer is handed over to the ROW agent of ERA to process the property valuation, compensation estimates, compensation payments and obstruction site removal processes. All of which are undertaken by the respective local administrations and through their delegated committees. 9.9 Ancillary work sites The ancillary work sites including the material development sites and facility sites are all active and operational. At present. Proper site environmental and social management activities are being implemented in parallel to those site development and use. List of the ancillary work sites occupied within the MS-1 stretch are as describe in table below. Table 18:- List of the ancillary work sites S/NO Station Area Side Owner information Purpose Naame Woreda Kebele 1 120+900 15237 LHS Dinsa Jiru Gida Ayana Ejere Borrow pit 2 121+200 20913 LHS Jurra Wayessa Gida Ayana Ejere Borrow pit 3 129+200 10409 RHS Government Kiremu Kokofe Quarry 4 129+2300 12564 LHS Government Kiremu Kokofe Crusher and asphalt 5 129+200 87759 RHS Privates Kiremu Kokofe Buffer zone for quarry 6 116+850 10132 RHS Government Gida Ayana Ejere Spoil Disposal 7 117+530 24537 RHS Asefa Yadeta Gida Ayana Ejere Spoil Disposal 8 121+600 13429 RHS Adunya Jabessa Gida Ayana Ejre Spoil Disposal 9 123+600 8281 RHS Mokonnon Fetensa Gida Ayana Ejere Spoil Disposal 10 127+530 5865 LHS Regasa Tegenye Gida Ayana Ejere Spoil Disposal 11 132+150 16157 LHS Getacew Wakjera Kiremu Kokofe Spoil Disposal 12 132+250 27926 LHS Government Kiremu Kokofe Spoil Disposal 13 136+800 12649 RHS Kedijja Tebejje Kiremu Bureka Spoil Disposal 14 138+150 5431 RHS Obsi Beyene Kiremu Burka Spoil Disposal 77 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 10.Grievance Redress Mechanism In projects involving land acquisition, the grievance procedure and appeal mechanism are an important aspect related to compensation / rehabilitation of the project affected community members because there may be individuals who are not satisfied with their compensation package or the process or who may feel that they were eligible for compensation. It is essential to settle these issues as early as possible so that the compensation process is on the right track. It is therefore, necessary to set up systems to address such grievances. Compensation payment should be made after the property valuation committee makes the final estimate of compensation payable for the affected properties at a replacement cost and finally approved by ERA. Following the ERA’s practice, compensation is only paid to the PAP after a written consent in the presence of members of the property valuation committee. Where a dispute arises between principal parties (in this case mainly between ERA, local government offices and project affected persons) the initially preferred means of settling disputes are amicable methods or arbitration procedures. Such grievance redressing mechanisms have a legal backup in the constitution, Art, 3325 - 3336 of the civil code and proclamation No.455/2005. Such conflict resolution mechanisms are suggested for reasons of time saving, are bureaucratic free, cost savings and traditionally accepted. The concerned parties may determine the number and composition of the arbitral tribunal. It is suggested that the maximum number of the arbitral tribunal members should not exceed five. This would allow meaningful representations and avoid unnecessary delay in decision-making. Individual members of the compensation committee who initially decided the compensation rates should by no means be member of the arbitral tribunal since they have already taken a position. The focal point for grievance redressing processes is the Woreda Grievance Redress Committee (GRC). The Grievance Committee will comprise one representative from the Woreda administration, one representative from the project affected community members, and one elder from the community. If further arbitration is necessary, this will be conducted by an Arbitration Appraisement Committee (AAC). The AAC should be comprised of a member of the zonal administration, the Regional Authority and an elderly community leader. In case the dispute is not resolved, then if any of the Party disagrees, the aggrieved party has the right to appeal to the ordinary courts of law. According to FDRE Proclamation N0.455/2005, Article 11, sub article 1 states; an aggrieved PAP residing in rural area, “In rural areas and in urban centre where an administrative organ to hear grievances related to urban landholding is not yet established, a complaint relating to the amount of compensation shall be submitted to the regular court having jurisdiction.” Similarly, a PAP from urban area “may lodge his complaint to the administrative organ established by the urban administration to hear grievances related to urban landholdings” A party dissatisfied by the decision of the administrative organ and the court may appeal to the regular appellate court or municipal appellate court within 30 days from the date of decision. The decision of the court will be final. Furthermore, proclamation 455/2005 also makes it clear that even if a PAP lodges his complaint to a regular court or administrative organ, the execution of an expropriation order may not be delayed or stopped. Regarding Complaints related with GBV; 78 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Project-level Grievance Redress Mechanisms (GRM) is also responsible for addressing complaints related to GBV. The committee deals with the GBV issues with greater confidentiality of individuals without compromising access to justice, while also enabling links to referral pathways and local organizations for support services. As part of the retrofitting for prevention of GBV, the project will develop a protocol outlining reporting procedures and an appropriate timeline for response actions, depending on the severity of the allegation. Data should be captured at the project implementers and financiers’ level to monitor functioning, and for periodic review and learning. 10.1 Role of the Grievance Redress Committee The grievance redress committee is expected to accomplish the following tasks among others: • Record the grievances of project affected community members, categorize and prioritize them and provide solution to their grievances related to replacement land and compensation, • If required, the grievance redress committee would undertake site visit and ask for relevant information from the project authorities and • Inform the aggrieved parties about the development of their respective cases and their decision to the project authorities and the aggrieved parties as well. 10.2. Grievance Arbitration/Redress Procedures The first step in grievance redress will be to bring the complaint to the compensation implementation committee. The affected person should file his grievance to the compensation committee. The grievance note should be written, signed and dated by the aggrieved person. Any meetings and discussions to be held between the aggrieved person and compensation committee should be conducted within a given time frame. If the grievance relates to valuation of assets, then other experts may need to be brought in to value the assets and this may necessitate a longer period of time. In this case, the aggrieved person must be notified that his/her complaint shall be considered. If the aggrieved person does not receive a response or the compensation committee is not able to resolve the issue, the complaint should be passed on to the Grievance Redress Committee (GRC).The GRC is the focal point to follow up and address all complaints received. The GRM chairperson will be responsible for recording all grievances and reporting the outcomes of all grievances both upward to the Woreda Administration and downward to the complainants. The Grievance Committee will then attempt to resolve the problem within 7 days after the complaint is lodged to them, again through dialogue and negotiation. If no agreement is reached at this stage, then the complaint is taken to the Arbitration Appraisal Committee (AAC). If still no consensus is reached, then legal recourses may be taken. However, once the matter is taken to the courts of law, it may take years to settle and the aggrieved person may lose out in the end, even if he/she succeeds in court. Thus, the compensation committee should try resolutely to resolve any complaint at the very initial stages. 79 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) However, as the entire compensation process has to be completed before the civil work starts, these committees may meet frequently and more than once every 7 days, depending upon the number of such cases. If disputes could not be resolved within the arbitration ad-hoc committee, the aggrieved parties have a legal right to appeal to the ordinary regional government courts. But the preferred options for dispute settlements are amicable methods or arbitration procedures. 10.3. Members of the Grievance Redress Committee The woreda level GRC has been established at Gida-Ayana, Kiramu and Amuru Woreda Administrations to settle disputes arising in the respective Woreda. The GRC is established from the outset instead of leaving it to the disputants to appoint the arbitrators. Accordingly, the following are members of the GRC: 1. One member from the Woreda Administration 2. One member of Agriculture office 3. One member from Municipality office 4. Three members community (at least one should be a Women) The GRC will be chaired by the Wored Administration and at least 50% of its members shall be women in order to properly manage gender related issues. 10.4. Roles and Responsibilities of the Grievance Redress Committee Major roles and responsibilities of the grievance redress committee are among others: • Record/register the grievances of project affected community members, categorize and prioritize them; • When required, the grievance redress committee would undertake site visit and ask for relevant information from the project authorities; • Inform the aggrieved parties about the development of their respective cases and their decision to the project authorities and the aggrieved parties as well; • Reports the cases that they could not solve on their level to the respective Woreda/town administration and ERA for further investigation and final decision. However, the committee members have limited capacity to handle the grievances properly. Thus, capacity building training will be provided to the grievance redress committee regarding their roles and responsibilities. In addition, technical as well as material support will be given to them by the project and local administrative bodies. The budgets required for training and other capacity building intervention are included in this RAP. 11.Disclosure of RAP and Scheduling The implementation schedule discusses the major activities to be carried out in the implementation of the RAP and identifies organizations responsible for its implementation. The implementation of the RAP will be carried out and expected to be completed before land acquisition and commencement of physical construction. It is estimated that the compensation implementation of this RAP (24km) will be completed within a period of 60 weeks. However, the implementation of livelihood restoration activities may take longer. During the implementation period of this RAP, ERA will provide adequate governance and management and financial support for timely operation. From the point of view of giving high priority to the project, Woreda officials have confirmed that implementation of the RAP will be effectively and efficiently undertaken within reasonable time. 11.1.Disclosure of RAP Once the final RAP document is approved /cleared by ERA and the World Bank Group, it will be disclosed locally in the country and internationally in the World Bank’s external website. 80 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Public disclosure of the RAP has to be made to PAPs and other stakeholders for review and comments on entitlement measures and other issues in the implementation of the RAP and before or on appraisal. The purpose of the disclosure is to receive comments and suggestions from PAPs and incorporate appropriate suggestions. This Resettlement Action Plan will be disclosed in a form, manner and language comprehensible to PAPs and at a place accessible to the displaced population and other stakeholders for review and comments on entitlement measures. ERA will disclose and post this RAP in its websites and receive comments. Comments and critiques made on the RAP by PAPs and other stakeholders will be taken by ERA for consideration. ERA will also conduct a half day workshop in the project area for the PAPs, stakeholders, representatives of civil societies, local leaders with the objective of disclosing the RAP. The Public disclosure of this RAP will be made in local language. This could be done; by publishing it in official Newspapers of both at the Federal Government Newspapers and also in the Regional Government Newspapers; depositing / posting it in a range of publicly accessible places; such as, Woreda offices, Municipalities and Kebele administration office. Once it is disclosed, the public have to be notified through administrative, community and clan structures about the availability of the RAP documents and be requested to make their suggestions and comments. This RAP also will be disclosed in the WB Infoshop to receive the opinion and suggestions civil societies, academics, other professionals as well. 11.2.Scheduling The implementation schedule discusses the major activities to be carried out in the implementation of the RAP and identifies organizations responsible to for its implementation. The implementation of the RAP will be carried out and expected to be completed before construction work commences. It is estimated that the implementation of the actual RAP activities will be completed within a period of three years. During the implementation period of this RAP, ERA will provide adequate governance and management and financial support for timely operation. ERA’s Regional Directorate will be the main responsible body for the coordination, facilitation and implementation of this RAP. In the process of the implementation of this RAP, there will be a number of crucial and important activities to be performed to make the physical relocation of the people under this project possible. The implementation of the activities will be undertaken either through the direct involvement of the Woreda administration offices and the Resettlement / implementation committee. Since implementation of the planned activities requires clear understanding of the specific activities of the RAP, different guidelines of the Government and WB, there is a need to familiarize and create awareness of the Resettlement / implementation committee. The awareness creation and familiarization to the Resettlement/implementation committee will be done through a workshop (2-3 days) organized by ERA. The workshop will focus on how the committee members are expected to carry out their duties diligently and properly. The committee will also be provided with all the necessary materials, equipment and financial resources. Members of the committee will be provided with daily allowances at the Governments standards or with a slightly higher amount so that they could carry out their responsibility on timely and enthusiastically. From the point of view of giving high priority to the project, Woreda officials have confirmed that implementation of the RAP will be effectively and efficiently undertaken within reasonable time. The implementation of the resettlement/relocation process will pass through the following different stages / phases. The plan would include target dates for the achievement of expected benefits to the resettled/relocated: - Disclosure of RAP: This RAP will be disclosed as per the disclosure guideline of ERA in its web sites. It will also be deposited in the public notice boards of each Woreda and municipalities that are located in the project road corridor. Committee Strengthening Phase: ERA will request the Woredas traversed by the project road to activate the Property valuation committee and the Resettlement / Implementation committee to become operational and 81 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) develop working document/guideline. The notification will contain the recommended list of institutions that will be involved in the committee and will clearly put the time frame given to undertake the task. Revision of household survey and inventory of assets: From past experiences it is understood that it takes some time when the implementation of the RAP begins. Usually the implementation of the RAP is carried out after the contractor has been selected. Hence, with the lapse of time there will be a lot of changes including price change and other related changes. Following changes and new developments there is a need to revise the inventory (recording) of assets and properties and revise the associated costs for the impacts. Revision of valuation of assets and properties: Since implementation of this RAP will take some time there is definitely a need to revise valuation of assets and properties. Hence, the property valuation will undertake the revaluation for affected assets and properties as per the guidelines established in this RAP. Awareness Creation At this phase, the Woreda level RAP committee members will make themselves clear about the duties expected from them. Any clarification about the scope of the project should be given by the ROW Agent. The committee members in return will provide full information to the Project Affected People so that the compensation program can proceed with the full participation of the people. ERA will give all the necessary capacity building support for the formed committee. This support will include training how to implement the RAP, distribute the manuals, proclamation and regulations in connection with compensation for example proclamation 455/2005 and regulation135/2007. Livelihood Restoration Measures: Livelihood and income restoration measures will be applied as indicated in this RAP. Public Consultation: There will be a continuous public consultation process with the local community and PAPs during the implementation of this RAP and during the operation phase of the project road. PAPs will be given continuous awareness on the procedures and guideline of the RAP and compensation payment. At this phase, the Resettlement / Implementation committee members will prepare clear working guidelines and procedures. It will also elaborate the public and PAPs the criteria for resettlement/relocation, procedures and mechanisms that are related with compensation payment for affected properties and assets. This will reduce possible complaints by PAPs and will build confidence and trust between the implementing agency and PAPs. Compensation Payment Phase: The compensation payment phase is a stage whereby the compensation payment will be affected to PAPs. Compensation payment will be made to the proper owners of the assets. Compensation payment will be carried out for affected assets and properties on timely basis as per the valuation procedures set in this RAP. PAPs should be clearly informed the valuation methods and agree on the unit rates. The payment will be made directly to PAPs in front of representatives of PAPs or transferred through Commercial Banks or Micro Finance Institutions or Post Offices. All the compensation payments, relocation of PAPs could be completed ahead of the civil works if it is implemented as per the plan shown in the RAP. Reporting Phase: Each Woreda administration offices and the Resettlement / Implementation committees will produce a report regarding their accomplishments for the implementation of the resettlement/relocation process and submit the report to ERA and copy to the Regional Government Offices. 82 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Monitoring and Evaluation: There will be a regular monitoring by the supervision consultant staff and ERA. Similarly, there will be an evaluation to be carried out either by the financing institution or external consultants at least two times in the life of the project. Table 19:- RAP Implementation and Resource Schedule No. Action/Task Proposed Timing (Months) 1 2 3 4 5 6 7 8 9 10 11 12 1 ERA reviews and submits this RAP to WB 2 WB Reviews and approves the RAP 3 Disclosure of RAP at national and local levels and translation of the document into local languages 4 Prepare consultation strategy 5 Prepare livelihood restoration plan 6 Conducting public meeting on RAP implementation 7 Strengthening of the Committees 8 Notification of Entitlement 9 Payment of Compensation for Affected Properties 10 Implementation of Livelihood restoration measures for PAPs 11 Grievance redress measures 12 Monitoring 13 Completion (Implementation) Report Writing 12.Resettlement Implementation Cost and Budget An itemized budget is required for the implementation of this RAP including compensation payment for PAPs. An estimated cost and budget is prepared for compensation payment of affected properties and budget for the implementation of the RAP including an estimated 5% contingency. The RAP budget specifies the mechanisms for transferring and channeling funds to responsible organizations and agencies, for disbursement to PAPs. Hence, total estimated amount of ETB 14,113,744 (Fourteen Million one hundred thirteen thousand seven hundred forty four) is allocated. ERA will be responsible to disburse, administer and oversee the overall budget. At Woreda level, the Woreda resettlement/implementation committee in collaboration with ERA’s Regional Directorate ROW Team will be responsible for execution of compensation payment and relocation activities. The details of the budget preparation and justifications are summarized below for each category; namely, compensation payment for affected properties and assets, rehabilitation support for PAPs, and project running & management cost. 12.1. Summary of RAP Budget and Cost The following table summarizes the total amount of the fund (or compensation estimate) that is required for the implementation of this RAP by its cost item. The budget is divided into three main categories. The first category 83 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) deals with compensation payment, the second section with rehabilitation support and the third category is for project management / administrative costs. Table 20:--Summary of Compensation Costs and Estimated budget for RAP Implementation Items for Compensation Compensation ETB) Cost/ Budget for Compensation Payment Compensation for Loss of Houses and other Structures 3,105,483.48 Compensation for Loss of Crop land 2,511,301.65 Compensation for loss of Fruit, Timber and other 2,501,251 Compensation for relocation of poles 707,500 Compensation for PAPs at km129 +200 (Quarry site) 1,256,075.0 Sub-Total 10,081,611 Cost for Rehabilitation Support Support for vulnerable Households 970,000 Income Restoration 390,000 Sub-Total 1,360,000,, Cost for Relocation & Rehabilitation Assistance 1,000,000 M&E, Training, Consultancy and other administration Costs 1,000,000 Sub-Total 2,000,000 5% contingency 672,083 Grand-Total 14,113,744 13. Monitoring Evaluation and Reporting 13.1. General The purpose of monitoring and evaluation is to report on the effectiveness of the implementation of the RAP, covering physical resettlement, disbursement of compensation and effectiveness of public consultation, amongst others. ERA in close collaboration with respective Woreda Administration will ensure that all aspects of RAP have been adequately and expeditiously executed according to the implementation plan. The monitoring will cover the review of survey results, formation of relevant committees (including the Grievance Committee), the identification of alternative land for resettlement and farming, adherence to compensation payment schedule, movement and support of project affected persons including the vulnerable households. Monitoring of the RAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the RAP occurs. Suggested monitoring indicators are outlined below and include (and not limited to): (i) Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation; (ii) Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned); (iii) Number of complaints: 84 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Total received; total justified; total non- justified. This should include the subject matter for all complaints; an explanation for non -justified complaints; • Total resolved at various levels including the type of agreement reached; • Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or ERA) the referral and the subject matter. Suggested performance/evaluation indicators include: (i) Total nature and level of all complaints received, resolved; (ii) Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan; (iii) Completion of demolition of structures (if any) or crops/trees in the project area within 3 months after the notice to demolish; 13.2.Internal Monitoring The overall objective of internal monitoring is to ensure that implementation complies with the approved RAP. The specific objectives are to: • Check the achievement of the acquisition and resettlement process against the planned time schedule and budget; • Ensure that the channels of communication and consolation between the administrators and affected persons have been established and are operational; • Ensure that compensation payments for affected persons are paid in full and in a timely manner; • verify that the processing of grievances has taken place within the given time limits; • closely watch the adherence to lawful approved allocation of acquisition and resettlement funds so as to ensure the absence of corruption Internal monitoring will be the overall responsibility of the resettlement implementation agency (ERA). Monitoring and evaluation will be a continuous process. The day-to-day field supervision will be conducted by the Resident Engineers and reported in the monthly and quarterly progress reports, which are subject to review by ERA. In addition, an independent consultant (social scientist) will be hired to conduct an independent monitoring of the implementation of environmental and social mitigation measures. ERA will continuously take stock of all expropriation and compensation reports and discuss them on regular basis. ERA will produce quarterly progress reports. Municipality and Kebele level reports will be prepared on a monthly basis to be submitted to the Woreda Aadministration, so that prompt action can be taken if necessary by higher-level officials without adversely affecting the RAP execution. 13.3. Performance monitoring To ensure the complete and objective information; performance monitoring indicators will be used to measure inputs, outputs, and outcomes for resettlement activities. It also checks the involvement of the PAPs in the monitoring process. 13.4. Impact Monitoring Impact monitoring is used to evaluate the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed. It uses the results of resettlement monitoring to guide its subsequent implementation. For the monitoring and evaluation of the RAP activities, the Implementing Committee (to be established) together with ERA’s Environmental and Social Management Team (ESMT) will take a prime responsibility at the project area 85 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) level. The committees through Woreda administration office, which is the coordinator for the implementing committee will follow and clarify the implementation processes, and whenever found to be necessary will arrange the ground for consultation with Project Affected Persons (PAP). ERA’s Environmental and Social Management Team (ESMT) will be responsible to monitor and evaluate the RAP in consultation with Woreda administration office. The monitoring indicators that will be adopted include; • Number of PAPs and amount of compensation to be made • Restoration and restitution of PAP • Appropriateness of the time schedule for RAP • Public infrastructures and social services re established • Support and assistance made to vulnerable groups and women • Appropriateness of grievance redress mechanisms • Number of PAPs provided with replacement land (land for land compensation) • Amount of Cash disbursed for compensation, LHR and rehabilitation of Vulnerable groups and • Appropriateness of relocation site, if any ERA's through the ESMT will assign a qualified Sociologist/Social scientist to conduct individual evaluations of PAPs re-establishment socio-economic progress. This service aims at evaluating, and reporting on, the level of living conditions and social services of the PAPs, both before and after the re-establishment. The evaluation will be done on quarterly and annual basis for two consecutive years. The monitoring and evaluation results will be based on a number of key indices for selected households, in combination with the special observation by the social scientist. Woreda administration offices will produce a report regarding their accomplishments and submit to ERA and the respective National Regional State. The report will inform the client about the accomplished compensation process and make the site is ready for the construction of the road. 13.5. Compliance Monitoring RAP Compliance monitoring will: • Determine compliance of RAP implementation with RAP objectives and procedures, • Determine compliance of RAP implementation with the laws, regulations and applicable, • Determine international best practice, • Determine RAP impact on standard of living, with a focus on the “no worse-off if not better off” objective, • Verify results of internal monitoring, • Assess whether resettlement objectives have been met: specifically, whether Livelihood Programs have restored the livelihoods of the project-affected persons and their living conditions have improved, • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation process, • Ascertain whether the resettlement entitlements are appropriate to meet the objectives, and whether the objectives are suitable to project-affected persons conditions, • Assess grievance records, to identify implementation problems and status of grievance resolution and, • Ensure RAP implementation follows World Bank policy Outcome indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the Project. They measure whether compensation is paid and received, whether the 86 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) affected populations who preferred cash compensation to in-kind resettlement assistance offered to them was able to use compensation payment for sustained income. Indicators that will be monitored broadly centre around delivery of compensation, resolution of grievances, land access, increase or decrease in PAPs assets, social stability, health, level of satisfaction of project affected people and number of projects affected persons that benefited from the livelihood restoration programs. Specifically, some monitoring Indicators for this RAP are outlined in Table 21. Table 21:--RAP Monitoring Indicators Indicator Variable Consultation Number of people reached or accessing Information, Information requests, Consultation and issues raised, etc Reach out Number of local CBOs participating Compensation and Number of PAPs provided with replacement land, reestablishment Number of consultations held during RAP implementation, PAPs Frequency of Monitoring Quarry sites, Extent of gender issues handled, Number of PAPs provided with LR measures Amount of Compensation disbursement to the correct parties; Socio-economic Effective utilization of the premises for business Changes No of income restored, improved or declined from the pre-displacement levels; Training Number of ERA and RAP committee members trained Grievance redress No. of cases referred to GRC, No. of cases settled by GRC, No. of cases mechanism pending with GRC, Average time taken for settlement of cases, No. of GRC meetings, No. of PAPs moved court, No. of pending cases with the court, No. of cases settled by the court Overall Management Effectiveness of compensation delivery system Timely disbursement of compensation; Census and asset verification/quantification procedures in place Co-ordination between local community structures, PAPs and SPMU Monitoring of GBV complaints and its resolution The monitoring of implementation of mitigation measures and complaints resolution mechanism regarding GBV, checks on the following issues among others; • Education and awareness creation programs provided to women, adolescents and children regarding GBV • Mitigation measures implemented by the contractor including; actual implementation of gender and social development programs in the project influence zone to ensure the empowerment of women within the project influence zone; assignment of gender specialist, provision of counselling service and treatment through its clinic staff and HIV/AIDs team, • capacity building activities done on gender mainstreaming for stakeholders within the road project influence zone • Role and commitments of supervising engineer's in monitoring for responding to GBV complaints, • inclusion and integration of mechanisms to track complaints related to GBV in project level GRM, including a feedback system for regular and timely feedback on actions taken to respond to complaints ; • availability of third-Party Monitoring to the context of project level, with a focus on ensuring provisions to prevent and respond to GBV are 87 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) in place and functioning. • level of interaction and collaboration between stakeholders including : (i) women and children at risk, as well as other vulnerable populations, (ii) communities as dynamic risk management actors who can play a role in expanding the circle of protection; (iii) contractors and consultants who are responsible for following contractually mandated social and labour practices that prevent abuse and violence; (iv) government partners at central and local levels who are critical to ensure that GBV prevention and accountability mechanisms are in place etc. 13.6.External Monitoring External Monitoring will be conducted by an independent consultant who will be hired to supervise the RAP and the Environmental Mitigation Plan. 13.7.Monitoring Plan The monitoring and evaluation process if possible should be Participatory Monitoring and Evaluation including all the stakeholders (PAP, Zonal, Woreda and Kebele administrations, NGOs, other Government organizations and host communities). ERA will be responsible to monitor and evaluate the compensation and RAP in consultation with the independent consultant and if necessary with Woreda/Municipality/kebele administration offices and the PAP by adopting the following process and output indicators: 1. Pre-construction Phase: • Compensation to be made according to agreement • Appropriateness of the time schedule for RAP • Public infrastructures and social services need to be re-established • Support and assistance to vulnerable groups and women 2. Construction Phase • Compensation to be made for additional land requirement • Restoration and restitution of PAP in the new site • Contractor operates within the boundary of handed over area • Appropriateness of grievance redress mechanism 3. Post Construction Phase • Land taken temporarily is well restored and returned to PAPs • Evaluate PAPs’ socio-economic situation vs. a baseline situation Table 22:--Output indicators with tentative implementation timeframe 88 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) Indicator Time Frame Three to five months before handing over Establish RAP Implementation Committees at all levels project to the Contractor (week one) Conduct workshop for the RAP Implementation Committees and local Week two after committee has been authorities concerning the process and responsibility established Confirm compensation and rates and relocation options through From week three to week seven consultation with RAP IC and the Wereda Administration Payment of Compensation From week four to week nine Provision of land From week four to week nine Construction of new houses From week four to week twelve Installation of utilities for PAPs (electricity, and telephone) From week four to week ten Relocation of public utilities (electricity and telephone) by service providers From week one to week five The monitoring report by the RAP-Implementing Committee will be submitted to the local authority (Woreda for rural areas and municipality for towns). A copy of this will be submitted to the Zone and Regional State Bureau of Land & Environmental Protection and by the ESMT of ERA. It will also be enclosed in the construction progress reports submitted by supervising engineers. Only in this way can RAP implementation be monitored and problems identified and quickly resolved. The main purpose of monitoring will be to verify: • If Actions and commitments described in the RAP are implemented. • If Eligible project affected people receive their compensation prior to the civil work. • The magnitude of RAP actions and compensation measures in restoring and improving pre-project livelihoods and lost incomes. • If Complaints and grievances forwarded by project affected people are followed up and appropriate corrective measures are taken. • If necessary changes in RAP procedures are made to improve delivery of entitlements to PAPs. • If Compensation disbursement is made to correct parties. • The physical progress of resettlement and rehabilitation. • Restoration of social services and amenities. • Special care and assistance provided to social groups in need of additional assistance. All Monitoring and Evaluation Reports including Monthly and Quarterly Implementation Status Reports will be submitted to the World Bank on regular basis. 13.8. Gender Monitoring and Evaluation in RAP During RAP preparation both positive and negative gender related impacts were identified and gender issues have been analyzed and mitigation measures to curb gender related negative outcomes put in place as well as benefit enhancement measures were identified, such as equal employment opportunities, attention to women during resettlement, targeted HIV/AIDS messages to women and girls are some of them. In order to address these and 89 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) other issues that were raised, the project has to incorporate Gender Mainstreaming Plan of Action to be carried out during implementation and it should be in line with the ERA’s and WB gender policies. The gender Plan of Action, among other things, will empower women through ensuring that women are encouraged to seek employment in the project and that they are not discriminated against in the recruitment process. During ESIA a specialized service providing firm was recommended for the implementation of HIV/AIDS and Sexually Transmitted Disease (STD) program. The specialized service provider will combine the delivery of Gender Mainstreaming Plan of Action with HIV/AIDS, STD awareness and prevention program. The day to day activities of the HIV/AIDS, STD and Gender activities will be monitored by the Environmental Management Unit of the supervision consultant. The specialized service provider will prepare monthly and quarterly reports to be submitted to the supervision consultant. The reports will provide updated information including HIV/AIDS, STD and Gender program implementations highlighting key issues and problem areas and recommended measures for resolving identified drawbacks. The supervision consultant will forward the progress reports to ERA’s Women’s Affairs Directorate (WAD). ERA’s WAD will monitor the progress of the Gender not only through these monthly and quarterly reports but will also make at least two field visits annually to the project site. 14. Conclusion and Recommendations The social impact assessment study revealed that implementation of the road project will bring many positive as well as detrimental impacts. The positive impacts of the project will be felt at both the construction and operation stages. During construction, the benefits will be mainly related to business activities and employment opportunities. Persons reside in towns and villages along the road will be benefited from business activities created by the contractor. Employment opportunities will also be created for local unskilled/semi-skilled/skilled laborer’s who will be actively involved in the construction processes and thereby gain income and knowledge. Investment activities as well as export and import will be improved because of improved market access. On the contrary, execution of the proposed road project is expected to cause several adverse socio-environmental impacts. The impacts that will require due attention and mitigation measures include; impacts on land resources/land taking for the project requirements, impacts on air quality esp. dust pollution, impacts on water resources (increased sedimentation, water pollution), road and traffic safety issues/increased accident risks, impacts on water supply systems and competition for water. This RAP report has also set out a comprehensive governance structure, conflict resolution process and regular internal and external auditing for the RAP implementation process. The recommendations and conclusions are: • Before the commencement of RAP implementation ERA will prepare and conduct an information dissemination program in the project area; • ERA should build the capacity of ROW agents, local government officials and all respective committee members and encourage their full participation in the RAP implementation by providing tailored made training, information dissemination regarding resettlement/ rehabilitation measures as well as their duties and responsibilities and allocating sufficient budget for operational costs. This will obviously reduce delaying of obstruction removal, unnecessary grievances that may be triggered from hearsay, corruption and fraudulent claims; 90 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) • Prior to compensation, detailed valuation of affected assets in the presence of the PAPs and community representatives shall be undertaken and up- date value of the affected assets negotiated with the PAPs and communities for payment; • Before and after compensation and resettlement, the PAPs and affected communities shall be given advise, training on financial management and offered legal assistance on how they use the compensation money and how they restore their livelihood; • During construction of the proposed road, PAPs shall be given priority in the employment of skilled and unskilled labor as a short-term livelihood restoration measures, • During the construction activity, due diligence shall be undertaken to protect private and public properties located outside the ROW limit and cultural properties and practices of the local communities. The results of the due diligence will be used in scheduling of the work and compensating PAPs before demolition and removal of affected properties; • Public registers of the resettlement process shall be kept throughout the entire resettlement period and grievance redress mechanisms and monitoring systems shall be documented and the process should be publicized in the affected areas; • ERA` shall sign Memorandum of Understanding (MoU) with respective Woreda Administration to fulfill their duties and responsibilities indicated in this RAP, • ERA Should assign a dedicated and qualified Social Safeguard Specialist who will be responsible for the implementation of this RAP, • ERA should allocate sufficient budget for livelihood restoration measures and supporting vulnerable groups; • ERA shall closely work with the local administrative bodies to get their support in implementing the RAP. Compensation shall be paid as soon as the valuation and estimation of affected property completed to reduce grievances that may be emanated due to inflation. REFERENCES 1. CSA: Population Projection, 2016 2. EPA. EIA Guideline Document (2000). 3. EPA. Procedural EIA Guideline (2003). 4. ERA, Draft Road Safety Audit Manual, 2004 5. ERA. Environmental Procedures Manual, 2002 6. ERA. Environmental and Social Management Manual, 2008. 7. ERA. HIV/AIDS Policy, 2004 8. ERA. Resettlement/Rehabilitation Policy Framework,2002 9. FDRE, A Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002). 10. FDRE. Proclamation for the Establishment of ERA, Proclamation No. 80/1997. 11. FDRE. Proclamation for to Provide for the Expropriation of Land Holdings for Public 12.Purposes and Payment of Compensation (Proclamation No. 455/2005) 13. FDRE. Proclamation on Rural Land Administration and Land Use (Proclamation No. 456/2005). 14. FDRE. The Constitution of Federal Democratic Republic of Ethiopia, 1995 15. FDRE. Environmental Impact Assessment Proclamation (Proclamation No. 299/2002). 16. FDRE. Environmental Pollution Control Proclamation (Proclamation No. 300/2002). 17. FDRE. The Conservation Strategy of Ethiopia, 1996 91 Resettlement Action Plan (RAP) Report for Nekemte-Bure Road Upgrading Project Lot 2:Andohde- Agamsa ( Km 116+000-Km 140+00 ) 18. FDRE. The Environmental Policy of Ethiopia, 1997. 19. Socio-Economic Profiles of Guto-Gida, Gida-Kiramu and Amuru Woredas, 2016 20. World Bank. (1997). Roads and the Environment: A Handbook. World Bank Technical Paper No. 376. Washington, D.C. 21. World Bank. Safeguard Policies. Washington, D.C. Annexes Annex :-1. Minutes of Meetings Annex:-2. Lists of Affected Households and Properties with Corresponding Compensation Cost Annex:-2.1. Lists of Affected Houses Annexdix:-2.2. Lists of Affected Fence Appendix:-2.3. Lists of Affected Farmland Annex-2.4. Lists of Affected Trees Annex:-2.5 List of Affected Utility Annex:-2.6 List of Affected PAPs at Quarry km 129+200 Annexix-3 List of Ancillary work sites Annex: - 4 TOR for Environmental and social management Annex: - 5 Typical project photos and sample photographs of minutes of meeting Annex – 6 Project Maps , Plans And Typical cross sections 92