RP1170 v6 Submitted to: Egyptian natural Gas company (GASCO) Nubaria-Metnama Gas Pipeline, Egypt Prepared by RESETTLEMENT ACTION PLAN Final Report EcoConServ Environmental Solutions March 2013 12 El-SalehAyoubSt., Zamalek, Cairo, Egypt 11211 Tel: + 20 2 27359078 – 2736 4818 Fax: + 20 2 2736 5397 E-mail: genena@ecoconserv.com URL: http://www.ecoconserv.com Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 TABLE OF CONTENTS LIST OF TABLES AND FIGURES ........................................................................................... ‫ت‬ ‌ LIST OF BOXES ......................................................................................................................... ‫ت‬ ‌ LIST OF ACRONYMS AND ABBREVIATIONS ..................................................................... ‫ث‬ ‌ SUMMARY ................................................................................................................................... I CHAPTER ONE: INTRODUCTION AND METHODOLOGY ............................................. 1 1.1 Project Background ..................................................................................................................................... 1 1.2 Right of Way for the Gas Pipeline ............................................................................................................ 2 1.3 Land Needed for the Project ..................................................................................................................... 2 1.4 Rationale of the RAP .................................................................................................................................. 4 1.5 RAP Objectives, Principals and Methodology ........................................................................................ 4 1.5.1 RAP Objective .......................................................................................................................................... 4 1.5.2 World Bank Principles and Standards....................................................................................................... 5 1.5.3RAP Methodology ...................................................................................................................................... 6 1.6 Preparation of Resettlement Action Plan .............................................................................................. 12 1.6.1 The ESIA .............................................................................................................................................. 12 1.6.2 The Resettlement Policy Framework ......................................................................................................... 12 1.6.3 Development of Resettlement Action Plan................................................................................................. 13 1.7 RAP Study Team ....................................................................................................................................... 13 CHAPTER TWO: DESCRIPTION OF POTENTIAL IMPACTS ......................................... 15 2.1 Potential Positive Environmental and Social Impacts................................................................... 15 2.2 Potential Negative Social Impacts .................................................................................................... 16 2.2.1 Negative Social Impacts during Construction ............................................................................................ 16 2.2.2 Negative Social Impacts during Operation ............................................................................................... 16 2.2.3 Negative Impacts Result due to land acquisition and lose of livelihood ....................................................... 17 2.3 Mechanisms and Procedures to Put Limitationson for Land Acquisition ................................. 20 2.4 Extent and Duration of Impact (permanent or temporary) ......................................................... 21 2.5 Census Survey Results ........................................................................................................................ 21 2.6 Baseline Socioeconomic Profile ........................................................................................................ 22 CHAPTER THREE: LEGAL FRAMEWORK.......................................................................... 24 3.1. Policy References ................................................................................................................................. 24 3.2. Gaps Between Egyptian Regulations and World Bank Policies .................................................. 24 3.3. Summary of GASCO Compensation System for Affected Lands, Crops and Trees ............. 25 CHAPTER FOUR: ENTITLEMENT,COMPENSATION ASSISTANCE AND VALUATION OF ASSETS ....................................................................................................................................... 28 4.1 Entitlement Matrix .................................................................................................................................... 28 4.2 Valuation of Crops/Assets ....................................................................................................................... 39 4.2.1. Crop Valuation .............................................................................................................................. 39 4.2.2. Asset Valuation ............................................................................................................................. 39 CHAPTER FIVE: PLANNING FOR LAND ACQUISITION AND RESETTLEMENT MITIGATION ............................................................................................................................ 41 5.1 Consultation Activities .............................................................................................................................. 41 5.1.1. Consultation Activities During Planning Phase ............................................................................... 41 5.1.2. Consultation Activities During Preparation of the RAP ................................................................. 45 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 5.1.3 Community Participation and Local Stakeholder Analysis .............................................................. 51 5.2. Grievance redresses mechanism ....................................................................................................... 52 5.2.1 Institutional Responsibility for the Grievances ........................................................................................... 53 5.2.2 Grievances tiers ........................................................................................................................................ 53 5.2.3 Grievances channels .................................................................................................................................. 55 5.2.4 Response to grievances ............................................................................................................................. 55 5.3 Requirements for monitoring and evaluation ................................................................................. 55 5.3.1 General monitoring by GASCO ..................................................................................................... 55 5.3.2 Internal monitoring.......................................................................................................................... 56 5.3.4 External monitoring and evaluation ................................................................................................ 57 5.4 Disclosure of the RAP ........................................................................................................................ 58 5.4.1 During Preparation Phase ............................................................................................................... 58 5.4.2 During Implementation Phase ......................................................................................................... 59 5.5 Institutional Responsibilities for the RAP Implementation ............................................................... 60 5.5.1 Organization Setup.................................................................................................................................. 60 5.5.2 Organization Composition and Responsibilities ........................................................................................ 60 5.6 Cost and budgets........................................................................................................................................ 61 5.6.1Implementation Sequence ........................................................................................................................... 61 5.6.2 Time Schedule and the Cut-off Date......................................................................................................... 62 5.6.3 Estimation of Total Temporarily Land Acquisition Cost ......................................................................... 63 5.6.4 Impact Compensation Expenses .............................................................................................................. 63 5.6.5 Fund Flow and Payment Plan ................................................................................................................. 64 Annexes Annex I: List of Project Affected Persons Annex II: Letters sent to Agriculture Directorate for compensation process Annex III: Valuation of crops Annex IV: Affected people compensation Questionnaire Annex V: Gaps Between Egyptian Regulations and World Bank Policies Annex VI: Entitlement Matrix Annex VII: Legal Framework that Governs the Project Annex IX : Guiding Document For The Addendum of The RAP Annex X : Participants details Annex XI: Consultations’ Activities Related to the Project: Scoping Phase Public Consultation a. Menoufia Governorate Public Consultation Documentation b. El Behira Governorate Public Consultation Documentation c. Consultation Documentation during the RAP Annex XI : Maps of the project Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 LIST OF TABLES AND FIGURES Table 1: Generic Overview of the Lands Needed for Project ......................................................................... 3 Table 2: Giza North Gas Pipeline Impact Matrix – OP 4.12........................................................................ 18 Table 3: Project impacts by type of loss ........................................................................................................ 20 Table 4: Distribution of Project Affected People by type of Loss ................................................................. 21 Table 5: Entitlement Matrix to meet Op 4.12 Requirements ......................................................................... 30 Table 6: Entitlement matrix of the project .................................................................................................... 37 Table 7: Results of the public consultations implemented in Behira on the 25th of May and Menoufia Governorate on February 17th governorates ................................................................................................. 44 Table 8: Issues, concerns and topics raised during the Field Consultation ..................................................... 47 Table 9: Examples of the Proposed Indicators Needed For Monitoring Activities ........................................ 58 Table 10: Institutional Responsibilities for RAP Implementation.................................................................. 60 Table 11: Time Plan ..................................................................................................................................... 63 Table 12: Total cost and budget in EGP....................................................................................................... 64 Figure 1: Nubaria-Metnama gas pipeline route indicated on a satellite image ................................................. 2 Figure 2: Map for the full route of Nubaria-Metnama..................................................................................... 4 Figure 3: Menoufia Public Consultation ....................................................................................................... 44 Figure 4: Behira Public Consultation ............................................................................................................ 44 Figure 5: Consultation with the PAPS through door to door consultation ................................................... 47 Figure 6: Consultation with the PAPS through house gatherings ................................................................. 48 Figure 7: Consultation with the PAPS through transportation consultation ................................................. 49 Figure 8: Consultation with the PAPS ......................................................................................................... 49 LIST OF BOXES Box 1: GASCO Strategies to inform the affected people about their compensations .................................. 50 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 LIST OF ACRONYMS AND ABBREVIATIONS ARAP Abbreviated Resettlement Action Plan BPL Below Poverty Line CAPMAS Central Agency for Public Mobilization and Statistics CBOs Community-based Organizations CDA Community Development Association CEPC Cairo Electricity Production Company EA Environmental Assessment EDHS Egyptian Demographic and Health Survey EEAA Egyptian Environmental Affairs Agency EGP Egyptian Pound EIA Environmental Impact Assessment EPADP Egyptian Public Authority for Drainage Projects ESIA Environmental and Social Impact Assessment ESIAF Environmental and Social Impact Assessment Framework EU European Union Euro Euro FGD Focus Group Discussion FHH Female Headed Household GIS Gas Insulated Substation GNPPP Giza North Power Plant Project IG Indigenous groups IR Involuntary Resettlement Km Kilo Meter LDU Local Development Unit LGUs Local Governmental Units MALR Ministry of Agriculture and Land Reclamation MC Mediation Committee NGO Non-Governmental Organization OP Operational Policy PAF Project Affected Family PAP Project Affected Persons PC Public Consultation PL Poverty Line RAP Resettlement Action Plan RAPAR Resettlement Action Plan Addendum Report ROW Right Of Way RPF Resettlement Policy Framework SDO Social Development Officer TOR Terms of Reference WB World Bank Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 GLOSSARY Words Definition Abbreviated Resettlement Plan Establish a baseline through the census of Project Affected Persons (PAP)which comprises of socio-economic data, the inventory of assets lost, and the compensation and resettlement benefits awarded to the PAPs. Census Enumerating and collecting basic information on the project affected persons, registering the PAP by residence or locality, and establishing a list of legitimate beneficiaries before the project’s onset that counters spurious claims from those moving into the project area solely in anticipation of benefits Community A group of people who live in together in one place, and may have the common attributes in terms social and economic status. 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. Complete Structures Buildings( including houses and institutional structures) which have enclosed walls, roofs, leveled earth or concrete floors. Compound A place of residence for one or more household, to include a number of clustered interrelated buildings, with shared cooking facilities. Compounds are also referred to as Homesteads. Crop Survey A survey of all eligible crops within the moratorium area following the declaration of the entitlement cut-off date. Cutoff 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. Displacement Assistance Support provided to people who are physically displaced by a project. Assistance may include transportation, shelter, and services provided to affected people during their move. Assistance may also include cash allowances to compensate affected persons for the inconvenience associated with displacement. The payments may include expenses of a transition to a new locale, such as moving expenses. Economic Displacement Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) which results from the construction or operation of a project or its associated facilities Economically-Displaced Households whose livelihoods are impacted by Households the project includes residential households, or people living outside the project area but have land, crops, or businesses in the area. Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 Eligible Crops Crops planted by Project Affected Persons within the Moratorium Area before the Entitlement Cut-Off Date, and who are eligible for compensation in accordance with this RAP. Eligible Land The land (cropped and fallow, agricultural and communal) within the Moratorium Area before the Entitlement Cut-Off Date, considered eligible for compensation in accordance with this RAP. Eligible Structures The buildings and structures constructed within the Moratorium Area before the Entitlement Cut-Off Date, considered eligible for compensation in accordance with this RAP. Entitlements The benefits set out in the RAP includes: financial compensation, right to participate in livelihood restoration programs, housing, house sites, service provision, transport, and other short-term assistance required to resettle or relocate. Entitlement Cut-off Date The date established by the project as the deadline for entitlement to compensation is also known as the Moratorium Date. Persons found at the project area after the Entitlement Cut-Off Date will not be eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the Entitlement Cut-Off Date (Moratorium Date) will not be compensated. Environmental Impact The effect (whether positive or negative) on an environmental resources or a value resulting from infrastructure development projects. Environmental and Social Impact A systematic procedure for enabling the possible environmental and Assessment (ESIA) social impacts of development projects to be considered before a decision is made as to whether the project should be given approval to proceed. Farmer A person who has acquired the right to use a piece of land for farming activities, either for cash generation or home consumption, and is engaged in such activities at the time of the Entitlement Cut-Off Date. Full Built Asset Survey A detailed survey of all buildings within the Moratorium Area following the Entitlement Cut-Off Date, recording ownership, constructional details, internal and external measurements, photographs and GPS positioning Full Replacement Cost The market value of assets plus transaction costs, where depreciation of structures and assets is not taken into account. Host Community People living in or around areas to which people physically displaced by a project will be resettled to, who in turn may be affected by the resettlement Household A person, or group of persons living together, in an individual house or compound, who share cooking and eating facilities, and form a basic socio-economic and decision-making unit. IFC International Finance Corporation, a division of the World Bank Group, Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 which provides investment and advisory services to private sector projects in developing countries, with the goal of ensuring everyone benefits from economic growth. Incomplete Structures Buildings and structures missing any major construction elements such as walls, roofs, rammed earth, concrete floors, doors, and/or window openings. Institutional Structures and Buildings, structures and facilities for public, government and religious Infrastructure use, such as schools and churches, within the Moratorium Area, and being used for the purpose for which they were established at the Entitlement Cut-Off Date. Involuntary Actions that may be taken without the displaced person’s informed consent or power of choice. Involuntary Resettlement (IR) The unavoidable displacement of people and/or impact on their livelihood, assets and common property resulting from development projects that create the need for rebuilding their livelihood, sources of income and asset bases. Landlord A person who has customary control over a piece of land on which a farm is located, further may or may not own buildings and structures on the farm. Land Survey All eligible land which was recorded in a survey of the Moratorium Area following the declaration of the Entitlement Cut-off Date Livelihood Programs Programs intended to replace or restore quality of life indicators (education, health, nutrition, water and sanitation, income) and maintain or improve economic security for Project-Affected Persons through provision of economic and income-generating opportunities, including, but not limited to, activities such as training, agricultural production and processing and small and medium enterprises. Millennium Development Goals There are eight United Nations brokered Millennium Development Goals (MDGs), which range from halving extreme poverty to halting the spread of HIV/AIDS and providing universal primary education, all by a target date of 2015. They form a blueprint agreed to by all the world’s countries and leading development institutions, and seek to galvanize efforts to meet the needs of the world’s poorest. Monitoring The process of repeated observations and measurements of environmental and social quality parameters to assess and enable changes over a period of time. Non-resident Household Household (or an individual) that has an asset in the Moratorium Area, which existed on or before the Entitlement Cut-off Date, but who resides outside the Moratorium Area. Occupied Structures These are structures that have signs of regular and sustained human occupancy, for a period prior to the Entitlement Cut-Off Date. Other Structures Wells, toilets, kitchens, and animal pens, constructed within the Moratorium Area before the Entitlement Cut-Off Date. Performance Standard 5 The International Finance Corporation’s (IFC) Performance Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 Standard on Involuntary Resettlement, which embodies the basic principles and procedures that underlie the IFC’s approach to involuntary resettlement associated with its investment projects, and stands as the benchmark against which resettlements are measured. 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 Physically-displaced Household Households who normally live in the Project Area and who will lose access to shelter and assets resulting from the acquisition of land associated with the Project that requires them to move to another location Project The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding national gas grid. Among them is a proposed 32� diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem Project-affected Household: All members of a household, whether related or not, operating as a single socio-economic and decision-making unit, who are affected by a project. Project Affected Person Includes any persons, households, firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently ore temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement Public Involvement The dialogue encompassing consultation and communication between a project proponent and the public. It includes dissemination, solicitation and presentation of information Rapid Asset Survey An initial asset survey of all buildings within the Moratorium Area at the Entitlement Cut-Off Date, recording basic information such as external measurements, photographs and GPS positions, with the aim of recording all buildings as rapidly as possible and minimizing post- moratorium speculation. Relocation A process through which physically displaced households are provided with a one-time lump sum compensation payment for their existing residential structures and move from the Project Area 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. Rehabilitation/Resettlement A term used to describe the process of reestablishing lifestyles and Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013 livelihoods following resettlement. The term is also used to describe construction work that brings a deteriorated structure back to its original conditions. Resettlement Action Plan (RAP) A time-bound action plan with a budget, setting out resettlement strategy, objectives, options, entitlements, actions, approvals, responsibilities, monitoring and evaluation Social Impact The effect (whether positive or negative) on a social issue resulting from infrastructure development projects. Stakeholders Those who have an interest in project development and who will be involved in the consultative process, and includes any individual or group affected by, or that believes it is affected by the project; and any individual or group that can plan a significant role in shaping or affecting the project, either positively or negatively, including the host community/population. 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. Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary SUMMARY I. Introduction The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding of the national gas grid. Among them is a proposed 32� diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem. The Nubaria-Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"- diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. During the first 45 km, the pipeline runs parallel to EL Rayh EL Nasry. For the last 17 km, the pipeline runs parallel to El Katatba-Borkoash asphalt road (this road is also parallel to El Rayh El Nasry), then runs east to cut across El Rayh El Nasry and the railway and El Rayh El Bahery until the turnoff to North Giza Electrical Power Station. The pipeline will pass across three governorates until reaching North Giza Power Station namely Behira Governorate, Menoufia and Giza Governorate. Reaching Metnama will be through crossing Qalubia Governorate. The pipeline then starts again from the turnoff of North Giza Electrical Power Station and continues east through north part of El Ata City. The pipeline then cuts through the Nile River (Rashed Branch) and continues parallel to the river for about 14 km. Then the pipeline cuts through El Rayh El Monofy and continues through the Nile Delta heading east. II. RAP objective and methodology The goal of the Resettlement Action Plan (RAP) is to apply the project activities in compliance with the World Bank Operation Policy 4.12 with the least disturbances to the communities impacted under the project. In order to achieve this goal the following objectives have been developed: 1. To identify and assess the potential social and economic impacts of the project and recommend mitigation measures. For the Project Affected Persons (PAPs), who would require some form of assistance, compensation, rehabilitation or relocation (if needed), the goal is to identify and quantify their different categories, and to prepare the socioeconomic/inventory/census survey. 2. To describe the existing Egyptian legal and policy framework for land acquisition and compensation of assets, as well as, to review the laws and regulations that apply to reclaiming informally settled public land, involuntary eviction, and resettlement. In addition to review World Bank (WB) policy OP 4.12 related to resettlement and ensure that the RAP is developed in full compliance with this policy and the national laws. 3. To prepare a detailed entitlements matrix listing all likely effects relevant to classifications related to assets and resources meeting the requirements of the World Bank Operational Policy 4.12. 4. To prepare standards for compensation or restoration of land affected (if applicable) by the project. Further, to set the standards for replacing any types of losses, as appropriate. I Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary 5. To develop clear executive time plan for the RAP’s implementation, linking the steps of project implementation to the various project components. Further to include the institutional responsibilities and monitoring parameters. 6. To develop a communication and consultation plan for GASCO to implement throughout the various stages of the project cycle for RAP implementation. 7. To identify the institutional responsibility utilized for implementation and procedures for the grievance redress. 8. To consult the agencies responsible for compensation and land acquisition, such as GASCO, and to determine their roles and responsibilities. 9. To highlight the monitoring, time plan, and implementation procedures. 10. To ensure that appropriate project level grievance redressal mechanisms are in place that are accessible to local community members, including especially affected persons. The development of the RAP is based on a multi-prong research approach (qualitative and quantitative) to carry out the inventory and census; to consult with community members; to understand impacted assets; to develop the compensation package; develop a grievance redressal mechanism as well as a monitoring and evaluation system. The RAP preparation team’s focus was on project affected persons (PAP) in order to assess the level of adverse impacts and to determine the required compensation to be paid. Categories such as; the loss of crops and trees, the temporary loss of lands and assets were also included as per coverage under the World Bank Policy OP 4.12. A detailed strategy was developed to evaluate each impact. III. The policy, legal and institutional framework This is a long list of all references to this RAP: 1. Government of Egypt Relevant Legislation  Law No. 4 of year1988 related to gas pipelines Article No. 2. This Law identifies the right of way and the limitation to use the lands above the pipeline. As well, defined those who are entitled for compensation  Law No.10 of year1990 on the expropriation of real estate for public interest.  Law No. 217 of year 1980 related to Natural Gas which is the responsibility of Ministry of Petroleum to declare the expropriation decree. As well, the necessity to provide an appropriate compensation to the affected people. The safety of the constructions is assured according to this law (article 2). 2. World Bank Operational Policies  OP 4.12 – Involuntary Resettlement  OP 4.01 – Environmental Assessment II Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary In addition to the above mentioned regulations, the Agricultural Directorates set a list of prices for the crops located within their zones. As well as, they developed decree with the set of rules for compensation. IV. The scope of affected lands 1) Project impacts 236PAPs (households- companies) will be affected due to the project, among which three are companies in addition to 17 tenants. The project-affected persons notified were mainly the head of households. Almost all the land owners and tenants live in extended families that vary between 10-25 persons each.(that might guide us to the total affected individuals who are up to 3500 persons). Households nominate one person to be their representative during compensation. The companies work in the field of agriculture products. Average workers vary according to the size of company. The labor force inside the companies will not be affected. However, part of the lands and external fence will be affected during the construction. The potential negative impacts might be summarized as follow:  The digging activities during construction is to affect 2,100,000 m2 of land.  The removal of trees and crops along pipelines lines is to affect around 106,552 trees.  Damage to physical assets i.e. irrigation ditches(4 units) , irrigation networks (212 units), barns/rooms (5 units).  Possible restrictions to use 1,260,000 m2 (future construction activities). These lands are identified now as agriculture lands. In case of expansion of the town or city borders, some of those lands will be used for construction activities. In such cases, the owners of lands inform GASCO High Compensation Committee. The PAP gets the compensation due to the restriction to build on their lands 2) Land requirement by the project Summary of lands needed Ser. Type of lands needed Behira Menoufia Giza Qalubia Total 1 Uncultivated agriculture lands (owned by 24,000 m2 24,000 m2 state) 2 Uncultivated agriculture lands (owned by 8,800 m2 8,800 m2 individuals) 3 Empty lands 2,119 m2 22,000 m2 10,000 m2 34,119 m2 4 Lands cultivated by crops 432,650 m2 100,400 m2 48,000 m2 145,000 m2 726,050 m2 Total Affected lands 434,769m2 155,200m2 58,000 m2 145,000 m2 792,969 m2 5 Total affected trees 71,026 24,563 10,250 713 106,552 3) Socioeconomic scope III Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary The project route passes along four governorates, namely, Behira, Menoufia, Giza and Qalubia. The Nubaria- Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"-diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. Based on the site visits and census results, the majority of the project- affected persons are living among extended families (the household has more than four families living in the same building). The average household size varies between 10-25 person. The majority of the older head of households are illiterate while the sons and grandsons are literate (intermediate and above). The national census developed by CAPMAS did not segregate the data related to education by age categories on the level of small hamlets adjacent El Riah El Nasery Canal. Therefore, the RAP study relied upon the data collected during the census. In Behira, Menoufia and Giza Governorates, the Bedouin tribes are settled in the areas from the km 17 to km 56.There was a lack for information that covers the total population of Bedouin inhabited the areas as they were censed under farmers. Bedouin norm and traditions shed lights on their living conditions. They pay respect to the head of the tribe (El Haj Moftah El Arabawy). Their side work beside farming is trading (mainly in agriculture products) and provision for security services to the projects implemented in their areas. The Bedouin community pays due attention to securing the projects. It is for the Bedouins a kind of expression on their Territorial Right. In order to guarantee smooth implementation of the project, it is required to consult with the head of the tribes, El Haj Moftah El Arabawy. Yet, getting closer to the Giza governorate, there are private ranches owned by the upper class and private/ commercial companies for farming and agricultural products. 4) Attitudes towards relocation and compensation strategies The following attitudes from the Project Affected Persons have been captured during field visits and data collection process: The majority of PAPs showed acceptance towards implementing the project on their land especially that similar and previous GASCO projects have provided fair compensation. Further, the PAPs impression is that GASCO is benefitting and supporting the farmer through the following measures: a. Counting and compensating for each and every affected asset in the field such as irrigation systems and irrigation ditches. b. Providing full compensation for any damages caused during construction. c. Providing the farmer to harvest their crops and provide full compensation d. Providing the farmer to extract their own tree and replant. V. Entitlement matrix Based on the data collected by the study team, the following are the groups that will be entitled for mitigation/compensation:  The land owners who might lose their agricultural land: Temporary (complete or partial) loss of all or part of arable and grazing land located under the ROW. (Those who own the lands legally or illegally)  The tenants of lands who might lose their land or access to land: Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site (If they have legal or illegal rights)  The owners of standing crops, trees, and plants: Permanent (complete or partial) loss of standing crops, trees, or plants for legal or illegal farmers. IV Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary  The owners and tenants who are restricted to reuse the lands above the ROW according to Gas Law No 217 of year 1980:Permanent limitation of use for constructions or for planting certain types of trees for legal or illegal farmers.  The owners, tenants who are restricted to build under the ROW: Permanent prevention to construct above the ROW for legal or illegal farmers  Vulnerable Groups: The main affected groups due to the implementation of the project are known as “vulnerable groups�. The project should provide the most attention to them. The study team did not find the vulnerable group category on the right of way (ROW) during the census survey. I. Planning for land acquisition GASCO Compensation Committee relies upon the price lists of compensation provided by the Agriculture Directorates that identify the prices of crops, trees, and irrigation systems according to the full compensation cost within the Governorate. In addition, the valuation committee determines the compensation according to the following basis: 1- Age of trees (below 5 years and above 5 years) 2- Fertility of land and crop productivity 3- Type of irrigation used in the land 4- Other components appropriate for compensating the farmer such as having access to roads, having facilities in the lands, such as covered disposing network or irrigation ditches II. Budget and time plan Due to having the Compensation Committee formed in GASCO, it was useful for the RAP study to be reviewed by the head of the committee. He provided more information on how they calculate the compensation of trees. The compensation is based on the tree age and whether it is fruitful or not. Providing this information to the team enabled us to have more accurate figure for the compensation of trees. Following is a summary for the budget Summary of needed budget: Budget item Behira Menoufia Giza Qalubia Total Total crop price 954,590 279,757 141,000 346,163 1,721,510 Total tree price 5,528,911 13,652,600 3,614,500 409,975 23,205,986 Total Asset price 300,291 12,925 1,300 0 314,516 Total price 6,783,792 13,945,282 3,756,800 756,138 25,242,012 Pico company 1,000,000 Purchasing lands 8,800,000 Monitoring 50000 Total 35,092,012 V Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 CHAPTER ONE: INTRODUCTION AND METHODOLOGY This chapter will cover the following:  Project background  Right of way for the gas pipeline  The land needed for the project  Rationale of the RAP  RAP Objectives, Principals and Methodology  Preparation of Resettlement Action Plan  RAP Study Team 1.1 Project Background In Egypt, the domestic market for natural gas is currently undersupplied while the demand is growing. Due to major recent discoveries, natural gas is likely to be the primary growth engine of Egypt’s energy sector for the near future. Egypt’s natural gas sector is now expanding rapidly. The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding national gas grid. Among them is a proposed 32� diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem. The Nubaria-Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"-diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. During the first 45 km, the pipeline runs parallel to EL Rayh EL Nasry. For the last 17 km, the pipeline runs parallel to El Katatba-Borkoash asphalt road (this road is also parallel to El Rayh El Nasry), then runs east to cut across El Rayh El Nasry and the railway and El Rayh El Bahery until the turnoff to North Giza Electrical Power Station. The pipeline will pass across three governorates until reaching North Giza Power Station namely Behira Governorate, Menoufia and Giza Governorate. Reaching Metnama will be through crossing Qalubia Governorate. The pipeline then starts again from the turnoff of North Giza Electrical Power Station and continues east through north part of El Ata City. The pipeline then cuts through the Nile River (Rashed Branch) and continues parallel to the river for about 14 km. Then the pipeline cuts through El Rayh El Monofy and continues through the Nile Delta heading east. The pipeline then intersects with the following features:  Sheben El Kom Railway  Nile River (Damietta Branch) 1 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  El Rayh El Tawfeky  El Basosya Conduit  Cairo Alexandria Agriculture Road  Cairo Alexandria Railway  Sheben El Kanatr Road and Railway Finally, the pipeline joins the existing Tena-Metnama pipeline in an area called Nawa or Ezbet Swelem. Eleven valve rooms will be constructed along the pipeline Figure 1: Nubaria-Metnama gas pipeline route indicated on a satellite image 1.2 Right of Way for the Gas Pipeline In accordance with Law 4 for year 1988 related to gas pipelines Article No. 2, the Right of Way is 2m from each side from the center of the pipeline in urban areas, while it is 6 meters from each side of the center of pipeline in the rural or semi-structured areas. Right of way restricts mining activities, construction on the line but no restrictions for plantation. During the construction phase of the pipeline, an area of 20 meters will be expropriated for the purposes of digging the pipeline temporarily. 1.3 Land Needed for the Project The implementation of the project might result in two types of land expropriation: temporary land acquisition along the 105 km length of the pipeline, and permanents land expropriation for the valve rooms. 2 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 1: Generic Overview of the Lands Needed for Project Type of lands Area of lands Temporary lands needed during the construction (105 km X 20 meters needed for (2.100.000 m2) construction. Without deducting the crossings and the canals) Permanent lands needed for the valve rooms (12,600 m2) Permanent restriction to use lands for mining, planting certain types of trees, and (1,260,000 m2) construction activities Based on rough estimates from the Agriculture Directorates, the majority of the line is located in old agriculture lands. The following map illustrates the areas where the pipelines will pass through: 3 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Figure 2: Map for the full route of Nubaria-Metnama 1.4 Rationale of the RAP In compliance with the OP 4.12, the RAP is implemented to ensure fair economic compensation to the affected crop owners through a consultative and mutually agreeable process. This RAP relates to the land needed for the proposed construction of the gas pipeline, due to the nature of that temporary land acquisition. This Resettlement Action Plan covers the following topics: 1. Existing legal and policy framework for land acquisition; 2. Description of compensation and other resettlement assistance to be provided; 3. Institutional arrangements and consultations with affected people about acceptable alternatives; 4. Census survey of displaced persons and valuation of assets; 5. Institutional responsibility for implementation and procedures for grievance redress; 6. Arrangements for monitoring and implementation; and 7. Timetable and budget. Local cultivation is taking place along the Nubaria - Metnama gas pipelines, where farmers own or hire land. In most of the cases, the farming activities are the sole source of livelihoods for the local farmers 1.5 RAP Objectives, Principals and Methodology 1.5.1 RAP Objective The main goal of the RAP is to apply the project activities with the least disturbance to the communities hosting the project. In order to achieve this goal the following objectives have been developed: 1. To identify and assess the potential social impacts of the project and recommend mitigation measures. For the Project Affected Persons (PAPs), who would require some form of assistance, compensation, rehabilitation or relocation (if needed) , the goal is to identify and quantify their different categories, and to prepare the socioeconomic/inventory/census survey 2. To describe the existing Egyptian legal and policy framework for land acquisition, as well as, to review the laws and regulations that apply to reclaiming informally settled public land, involuntary eviction, and resettlement. In addition to review World Bank (WB) policy OP 4.12related to resettlement and ensure that the RAP is developed in full compliance with these policies and the national laws. 4 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 3. To prepare a detailed entitlements matrix listing all likely effects relevant to classifications related to assets and resources. 4. To prepare standards for compensation or restoration of land affected by the project and to set the standards for replacing any types of losses, as appropriate. 5. To develop clear executive time plan for the RAP’s implementation, linking the steps of project implementation to the various project components. Further to include the institutional responsibilities and monitoring parameters. 6. To develop a communication and consultation plan for GASCO to implement throughout the various stages of the project cycle. 7. To identify the institutional responsibility utilized for implementation and procedures for the grievance redress. In addition to identify the mechanisms available for crop and land compensation. 8. To consult the agencies responsible for compensation and land acquisition, such as GASCO, and to determine their roles and responsibilities. 9. To highlight the monitoring, time plan, and implementation procedures. 1.5.2 World Bank Principles and Standards 1. Bank experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. The OP 4.12 policy includes safeguards to address and mitigate these impoverishment risks. Policy Objectives 2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the following: a. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. 5 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. A project specific policy was developed, and outlined below: Principles of Compensation Entitlement a) All persons associated with rights to the ownership or use of the property to be acquired shall be entitled to compensation. Compensation shall be due for, but not limited to, the following physical elements: i) Land, ii) Residential structures, iii) Non-residential structures, iv) Private infrastructure, v)Standing crops, vi) Trees, perennial crops Two forms of additional compensation are defined: Mandatory: Compensation for the costs incurred (e.g.) in relocation; removal costs, insurance, and lost income. b) Compensation values is assessed at replacement costs and at replacement value at market prices with a further additional costs included for the effect of compulsory acquisition; c) Compensation is cumulative. Each compensation item is additional to the compensation claim. This is particularly important in ensuring equity in all valuations and dealings. Single, lump sum valuations do not promote transparency; and, d) Equity considerations also dictate that all compensation dues are treated equally. There can be no priority between equal competing claims. e) The affected lands, crops, economic activities on the ROW should be considered, estimated and compensated. 1.5.3 RAP Methodology The methodology of this RAP used a multi-pronged research approach to collect data on; and to carry out the following: 1- The inventory of all affected persons 2- The consultation 3- Crops and assets valuation and the compensation package 6 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 1.5.3.1 Methodology of the RAP preparation Data for the RAP was carried out between May-December 2012 to fulfill the above mentioned objectives. The main adopted methodology was the Participatory Rapid Appraisal which focused on data collection in cooperation with stakeholders and community people. Data on crops is collected just prior to construction works in order to ensure that community members are appropriately compensated for the crops that are directly impacted by the construction work. For this type of impact, 1 a rapid survey is conducted prior to the construction activity, project affected persons are consulted with on the crop compensation and these results are summarized in a RAP addendum, each of which are cleared by the World Bank safeguards specialists. As with the RAP, the addendums are also translated and made available to the affected population. This study relied upon different sources of data, which are: 1. Secondary data through reviewing o Egyptian Human Development Report 2010 and CAPMAS reports and census o Environmental and Social Impact Assessment for Nubaria- Metnama o Resettlement Policy Framework 2. Primary data consisted of the use of the following tools o Census sheet o Compensation sheet o Discussions with GASCO compensation committee, Petrojet engineer, and Agricultural Associations o Consultation with the stakeholder through the following activities: - Scooping sessions during the preparation of the ESIA - Public consultation in Menoufia and El Behira Governorate - Consultations conducted with the project affected persons during the RPF preparation - Consultations conducted with the PAPs during the RAP census 3. Observation of the areas in order to address the PAPs 1.5.3.2 Methodology of the Inventory of All Affected Persons 1 The agriculture season lasts for 6 month. Since the project cycle covers three seasons, the nature of cropping will be different at different stages of the construction works. 7 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Prior to the implementation of the project activities the following steps have been taken in order to prepare the RAP: - The ROW was identified according to Gas pipeline Law 4 for year 1988 - Letters were sent to the Governorates to inform about the project activities that will be implemented in the four Governorates - Different meetings were conducted with site engineers (Petrojet), the Compensation Committee and the Social Development Officer in GASCO to address the potential project impacts. Later on, preliminary site visits were paid to the PAPs. - Reviewing the Resettlement Policy Framework of the project and the Environmental and Social Impact Assessment in order to identify the potential PAPs and the proposed strategies for mitigation - The project affected persons census and compensation form were prepared in cooperation with GASCO team and reviewed by the WB. - Based on the Egyptian regulations for crop compensation, it was recommended to contact the Agriculture Directorate/ Association in the potential zones that will be expropriated temporarily. The Agricultural Directorate/ Associations sent a list of crops valuation and the other items that necessitate compensation i.e. modern types of irrigation that might be affected. - The affected areas were screened during the inventory. The PAPs were addressed according to their type of loss and the administrative governorate. The whole (105 Km)line was covered in order to identify the affected people there, in addition to highlighting their potential loss of assets, crops. 1.5.3.3Methodology of Consultations Consultation is one of the essential requirements of the WB. Thus, the study team tried to adopt a multilevel of consultation. The client, the stakeholders and the PAPs were consulted along the process of RAP preparation. Following are a description of consultation activities implemented up to date: a) Discussion with the client representatives (GASCO) The discussion with the affected people was crucial in order to: 1) Address the locations and range of households affected including the range of impact; 2) Identify the final routes of the project, 3) Highlight the potential impacts of the project that might need land acquisition,4) Set 8 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 focus on the potential activities and compensation methods to be applied, 5)Evaluate the institutional capacity of GASCO to apply compensation strategies. The RAP team observed through different meetings with the personnel that the Compensation Committee was openly transparent about all the procedures they applied. Meetings were conducted with the head of the PMU, Environmental study experts, the social officers, the Compensation Committee members (accountant, lawyers and enginners) b) Consultation with stakeholders, Consultation with the stakeholders is a continuous process along the project life. Consultation activities started during the ESIA preparation, the RPF and the RAP survey.  Public consultation took place in Menoufia and Behira Governorates - Menoufia Public Consultation took place on the 17thof February 2011 - Behira Public Consultation was held on the 25th of May 2011  Different scoping sessions with the community people, especially, Agriculture Directorate and Associations  Meetings conducted with the governor to inform him about the project  Meetings with other stakeholders during the site visits conducted to the affected areas c) Consultation with PAPs It is the policy of the WB to consult with community people regarding potential compensation, grievance mechanism and other issues related to compensation and mitigation measures that might be applicable to the affected people. The PAPs were consulted since project inception:  During the ESIA, scoping sessions and public consultation were held to identify their perception, worries and their attitudes towards the project by the end of January – February 2011  During the RPF, they were consulted to identify their perception related to the potential impacts by the end of January – February 2011  During the RAP, almost the majority of PAPS along the line were consulted. Moreover, their inquiries, worries, recommendations and perceptions were highlighted. Consultation 9 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 activities were applied during September 18th and December 10th -12th . The affected company (Pico company) was consulted during the RAP by the RAP team in cooperation with Petrojet team on the10th of December. The owners of ranches close to Giza North Power planted were informed through their ranches guards. Detailed information will be provided under chapter 5 section 5.1 This process adopted community tailored approach for consultation. Individual meetings, house gathering and transportation consultations were applied. Seemingly, the PAPs are not reluctant to host the project due to the good reputation of Natural Gas companies that were famous for their fair compensations. The PAPs reported that they have some inquiries related to the value of compensation, how and when they get their compensation. Detailed information about consultation with PAPs is developed in the consultation section presented in this study. 1.5.3.4 Methodology of crops and assets valuation and the compensation packages Through having different site visit for the pipeline route, the following was achieved:  Identification of the potential impact  Highlight the potential loss of assets, crops, livelihood …etc.  Provision of a list of crop/ trees prices by the directorates The governorates identified the potential project asset value (irrigation ditch, wire fence, stakes In case of having special cases (i.e. Pico Company) which has completely unlisted items, negotiation according to the value of market price will be the main guidance to identify the potential value. a.Regarding the loss of crops and trees It was noted that the project would result in a temporary impact on the crops and lands. However, the impacts of trees will be permanent. Therefore, the study team relied upon the pricing lists provided by the Agriculture Directorates for the crops (sample of prices is put as Annex III).Based on the meetings conducted with PAPs, the value cost covers replacement cost of tree. As well, the implementing company allows the owner of tree to remove the trees to other plots of land during the construction. However, the PAPs will receive a full compensation for the trees. 10 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 It is worth mentioning that such pricing lists were not sufficient, as some other factors might be considered in valuation2.These factors were provided by the related Agriculture Directorates for example:  Type of irrigation system (50.0% raise in the price of affected crops and trees)  Age of trees  Plantation inside green house (100% raise in the price of affected crops and trees) b.Temporary loss of lands The lands that have no crops (uncultivated lands) were valuated according to their productivity status. The fertility of lands varied according to its productivity (It was essential to set a group of determinants that might influence the compensation valuation. Following are the main determinants: 1)Access to the lands, 2) Status of land, 3) Effort exerted to prepare lands for cultivation, 4)Renting of the land according to the market value in the area c.Temporary loss of assets The main asset noted in the project area was the modern irrigation system (hose that irrigate plants by dripping water) During construction, farmers are asked to move the hose and reinstall them after the completion of construction activities. They are paid for this process as some workers might be hired to move the hose, as well, the hose might be damaged. The valuation of this type of irrigation is mainly based on the pricing lists presented by the Agricultural Directorates in the governorates. Some of the governorates calculate the irrigation system separately, while other governorates pay 50% more of the value of compensation for crops. All the affected households in Behira, Menoufia and Giza Governorates use this system. The total number of the project affected persons applied this irrigation system are 212 households and companies According to the expropriation law No. 10 of year 1990 and the institutional responsibility for crop valuation, the Ministry of Agriculture is the responsible entity for crop valuation. The second type of asset reported was the rooms that are constructed on the farms(might be used as barn). There are five rooms in the project areas. The governorate addresses the estimated value for compensation which was up to 5000 EGP per room size 2*3 m. Table 2 contains detailed information about the project impacts. 2 That is mainly in Giza Governorate 11 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 1.6 Preparation of Resettlement Action Plan The preparation of this RAP also builds on data collected during the project ESIA and the RPF preparation process. This is a brief description of the main two studies. 1.6.1 The ESIA The ESIA study was conducted during the first two weeks of February 2011. It was the peak of the Youth Revolution in Egypt. Due to this fact, the study teams faced some problems in investigating the community people and taking the needed photos. However, due to the approach used, community people were more open to speak freely. The consultation activities carried out as part of the scoping and disclosure of the ESIAs showed clearly that farmers believe that as long as their rights in fair compensation are guaranteed, they are willing to accept the projects and the various temporary or permanent land expropriation. However, the current political changes underway in the country after the people-led Revolution of 25th of January 2011 necessitates for more community participation in the compensation process. The present political situation supports that a more participatory approach undertaken for data collection to elicit community viewpoints. GASCO has demonstrated that involving community level grievance redress mechanisms is crucial in order to minimize conflict. Community level grievance redress mechanisms should involve the engagement of natural leaders from the villages or trustworthy members The ESIA study was originally prepared to cover the potential environmental and social impacts of the new gas pipeline that starts at El Nubaria – Metnama, with total length 105 km, including the pipeline and pressure reduction station at north Giza power station. List of participants in consultation activities (ESIA scoping sessions, public consultation in Menoufia and Behira is included in (Annex XI). It is crucial to note that during the Public Consultation the females were represented strongly in the above mentioned activities at about 15% of the participants were among females. Young people also were interested to attend different events applied. At least 20% of the participants were among young groups less than 25 years old. 1.6.2 The Resettlement Policy Framework The RPF was prepared by conducting several consultation activities with concerned Governmental departments, project affected people, neighboring communities and GASCO personnel. The preparation of the RPF is also based on the experience of GASCO in other similar projects. The discussion with the concerned bodies included information about the Egyptian Laws, views on the application methods and timing of execution. Moreover, as part of the preparation of the ESIA and the RPF, public consultations planned with the objectives of sharing the studies’ findings and get the feedbacks and comments of the concerned stakeholders. More emphasis paid to the land acquisition issues and compensation mechanism. 12 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 1.6.3 Development of Resettlement Action Plan RAPs are prepared as mitigation plan for all social impacts of the project particularly impacting land, assets/infrastructure �The main impact results due to the implementation of this project will be temporary land acquisition during the construction phase. In addition to the long-term restriction to use the lands located on the ROW identified according to Law No. 4 of year 1988 for certain types of trees or for construction. The total estimated affected people are less 236 households (the majority of them are extended families). RAPs are prepared for all persons whose lands, assets or livelihood status will be affected temporarily or permanently. The RAP process started after receiving different approvals on the project (Ministry of Agriculture, Agriculture Directorate, Ministry of Irrigation, EEAA, and the Army). The base of the RAP has been developed and discussed with the World Bank The he following activities were undertaken to prepare the RAP, which includes the whole line (105 Km) along the route.  Categorization of project activities with respect to land needs  Conducting of socio-economic survey to determine assets and households affected  Organization and conduction of stakeholders consultation In case of any change in the inventory results, an addendum will be prepared and reported to the WB for approval. 1.7 RAP Study Team EcoConServ has a clear understanding of the requirements set out in the Terms of Reference for the RAP, and provided a team of expertise in all the areas critical to conducting a successful RAP for the project. A diverse team was composed from the consultation firm, Petrojet (the project contractor)and GASCO. Further, the Agricultural Associations was responsible for identifying the compensations. The following is the team composition according to their role:  Two key experts in RAP studies and Resettlement action plans were dedicated to finalize the study objectives, methodology, tools etc. and finalizing the report.  Eight interviewers were mobilized to collect data in cooperation with GASCO and Petrojet engineers, Social Officers from the PMU  EcoConServ consultant collected the data needed about the PAPs and applied household questionnaires.  In addition, a data management specialist and a data analyst were supported by a data entry and coding person. 13 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  GASCO supported the study team with engineers from the Petrojet (GASCO contractor). They accompanied the study team in order to show them the sites of pipelines, access to the lands and the ROW. Moreover they developed the measurements of lands, trees and made the valuation of the compensation needed The combination of the team was competent to achieve the different objectives of the study and enabled the team to gather rich information about the land owners, tenants and exact value of affected lands, assets, etc. that are in compliance with the Egyptian Expropriation Law. The activities implemented by the whole team were:  Preparation of the work plan  Attending all meetings allocated to explain the compensation activities  Provide training on the surveying tools  Provision of the documents needed for the study  Site visit and data collection  Data management  Other additional activities needed for reviewing the documents 14 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 CHAPTER TWO: DESCRIPTION OF POTENTIAL IMPACTS This chapter will cover the following:  Potential positive environmental and social impacts  Potential negative social impacts  Mechanisms and procedures to put limitations for land acquisition The project’s expected result includes several positive social impacts that are elaborated in more details in the ESIA. The impacts, most importantly, include: 2.1 Potential Positive Environmental and Social Impacts Achievement of the previously mentioned project objectives represents many of the social and economic benefits, and will support the achievement of Egypt's strategy for the energy sector. The most significant positive impacts to be achieved are:  To provide work opportunities for local untrained labor within the community or limited trained labor in construction works, as well as opportunities for engineers, welding and coating workers, marine employment (assistance), and supervisors allocated from the contracting company (Petrojet) .  To achieve increased commercial activities (such as restaurants and cafes) at construction sites, which exist in the rural areas of Qalubia, El Behira and Menoufia.  To stimulate the sale and rental of building materials and construction equipment at the targeted areas. Where such projects provide a good marketing opportunity, particularly as a result of distance from the production plants that are buying from them in bulk.  Increased opportunities for workers in the various means of transportation in the different locations, and in particular light transportation means, such as motorcycles and Tuk Tuk which spread in the governorates of Qalubia, El Behira and Menoufia, and also ferry owners in these areas.  Contribute to improving the opportunities for targeted communities to benefit from the natural gas service.  Utilization of housing units for the project management at site, as well as to accommodate the workers.  Achievement of sustainability and continuity of the energy source, which is environmentally safer and comes with less economic cost. The life span of the facilities used to generate electricity at power stations that will be supplied by gas will be extended. This will lead to improved continuity of electricity in the targeted governorates of Egypt.  The ability to make subsidiary gas connections for the various governorates, which could result in delivery of natural gas to houses around the clock.  Economic benefits as a result of using sustainable local source of energy at the power stations, which will work on the stability of the fuel cost price, unlike other unstable sources such as fuel oil and diesel fuel. This will also reduce the subsidiary cost of petroleum materials which overburden Egypt. 15 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 2.2 Potential Negative Social Impacts 2.2.1 Negative Social Impacts during Construction  There is an effect on the socioeconomic conditions of the community people, due to the expropriation of their crops , which represents the main source of income for them. The implementation of the project will necessitate expropriation of a plot of land about 500 Feddans(2,100,000 m2)(that was a calculation of the agricultural lands facing the line.) during the construction. It was very difficult to estimate the numbers of potentially affected people due to the limitation of information about them  Accumulation of wastes in the construction areas might make community people suffer from insects and unfavorable smells is one of the potential unfavorable impacts. During construction, the digging and storage of wastes will take place in an area of 20 meter width multiplied by about 105 km length. The following are the potential impacts result:  The crops and trees should be eliminated from the pipeline areas  Accumulation of solid wastes result from digging  Land acquisition during construction (applicable on reclaimed empty lands or other types of lands needed)  Moving of the modern type of irrigation system  Potential damage for small ditch canals  Potential removal of barns and small rooms allocated for generators storage in the farms  Potential impacts on the covered disposal system 2.2.2 Negative Social Impacts during Operation The possibility of a gas leakage or the occurrence of fires, which could affect the residents in the area, is a concern. This would have a significant effect on health, as well as induce a financial burden on the owners of destroyed property. The other element is the possibility of extending the residential mass to the pipe line routes, which could lead to encroachment on the line. This is likely significant, especially after the marginalization of localities and policemen. During operation, there are many potential negative impacts due to the limitation of land use:  Restriction to construct building on the pipeline, 2 meters from the line in urban areas and 6 meters from the line in rural areas are banned to construct on  Limitation of planting trees on the line. Therefore trees are planted around the line 16 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 2.2.3 Negative Impacts Result due to land acquisition and lose of livelihood The project will extend along 105 kilometer; the following is a summary for the affected lands  Temporary lands that will be expropriated during the construction phase 20* 105 km = (2.100.000 m2)  Permanent lands needed for the valve rooms that will be purchased, about three feddans total (12,600 m2)  Permanent restriction will apply to the use of the land (2 m) in urban areas – (6 meters) in rural areas from the center of the pipeline above or near the line for construction or buildings. (1,260,000 m2)  In addition to that potential loss of assets (irrigation network, constructed buildings…etc.) was ratified by the affected people Based on team observation, the crops in the area are diverse and involve fruit trees which grown in orchards included mango, date palms, olives, oranges, pomes, grapes, and guava. Winter crops include wheat, broad beans and clover, as well as vegetables including tomatoes and onion. Summer crops are maize and melons Under the Nubaria-Metnama gas pipeline, the PAPs are mainly farmers whose lands will be used by the project either temporarily or permanently. Those who will be affected temporarily are the farmers whose lands will be crossed by the pipeline. In this case the impact is limited to the construction phase, which might result in destroying crops or removing trees. Once the construction phase is over the farmers can restore their farming activities with no restrictions. In the meantime, this type of projects also involves a need for permanent land acquisition, which happens in one of the following cases:  During the project construction, there is a need for land expropriation to establish the PRS. In this case GASCO buys land from the farmers at full replacement value at market prices. However, this is not the case under this project since PRS land has been already secured as part of the power station.  Establishing the valve rooms requires permanent land acquisition. According to GASCO the valve rooms land is purchased with full replacement value at market prices from the owners of the land. All of the valve rooms have not been purchased yet.  The third case might happen during the project operation in cases where the agriculture land gets inside the official urban borders as a result of urban expansion. In this case, and by law, the owner of the land is allowed to use the land in construction purposes. In such cases and in order for GASCO to secure the land where the pipelines are crossing and prevent any activities that may damage the pipelines, they buy land form the owners in replacement value at market prices under satisfactory, agreeable and appropriate manner. 17 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 2: Gas Pipeline Impact Matrix – OP 4.12 Detailed list of impacts Permanent Land Acquisition Temporary Land Acquisition (during construction) Total Total HH Total # of Total amount Total HH Total HH affected # of amount of affected HH/per businesse of land affected (per total family businesses land sons s affected members) affected displace d Behira Governorate Uncultivated agriculture lands (owned by state) Uncultivated agriculture lands (owned by individuals) Empty lands (not defined as arable land) 2,119 m2 2 30 Lands cultivated by crops 432,650 m2 58 870 Needed lands for valve rooms (each valve 3 rooms require 1050 m2) 3,150 m2 45 Total affected trees 71,026 69 1035 Menoufia Governorate Uncultivated agriculture lands (owned by state) 8,800 m2 Uncultivated agriculture lands (owned by 2 individuals) 24,000 m2 30 Empty lands (not defined as arable land) 22,000 m2 3 45 Lands cultivated by crops 100,400 m2 22 330 Needed lands for valve rooms (each valve 3 rooms require 1050 m2) 3,150 m2 45 Total affected trees 24,563 72 1080 Giza Governorate Uncultivated agriculture lands (owned by state) Uncultivated agriculture lands (owned by individuals) Empty lands (not defined as arable land) 10,000 m2 1 15 Lands cultivated by crops 48,000 m2 5 75 Needed lands for valve rooms (each valve 2 rooms require 1050 m2) 2,100 m2 30 18 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Detailed list of impacts Permanent Land Acquisition Temporary Land Acquisition (during construction) Total Total HH Total # of Total amount Total HH Total HH affected # of amount of affected HH/per businesse of land affected (per total family businesses land sons s affected members) affected displace d Total affected trees 10,250 11 165 Qalubia Governorate Uncultivated agriculture lands (owned by state) Uncultivated agriculture lands (owned by individuals) Empty lands (not defined as arable land) Lands cultivated by crops 145,000 m2 19 285 Needed lands for valve rooms (each valve 4 rooms require 1050 m2) 4,200 m2 60 Total affected trees 713 5 75 Total Uncultivated agriculture lands (owned by state) 8,800 m2 0 Uncultivated agriculture lands (owned by 2 individuals) 24,000 m2 30 Empty lands (not defined as arable land) 34,119 m2 6 90 Lands cultivated by crops 726,050 m2 104 1560 Needed lands for valve rooms (each valve 12 rooms require 1050 m2) 12,600 m2 180 Total affected trees 106,552 157 2355 19 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 3: Project impacts by type of loss Serial Type of Impact Total affected number no. Governorates Behira Menoufia Giza Qalubia Total A. Affected Lands and trees 1 Uncultivated agriculture lands (owned by state) 8,800 m2 8,800 m2 2 Uncultivated agriculture lands (owned by individuals) 24,000 m2 24,000 m2 3 Empty lands (not defined as arable land) 2,119 m2 22,000 m2 10,000 m2 34,119 m2 4 Lands cultivated by crops 432,650 m2 100,400 m2 48,000 m2 145,000 m2 726,050 m2 5 Needed lands for valve rooms (each valve rooms require 1050 m2) 3,150 m2 3,150 m2 2,100 m2 4,200 m2 12,600 m2 6 Total affected trees 71,026 24,563 10,250 713 106,552 B. Affected Assets 11 Rooms 5 0 0 0 5 12 Irrigation Network 102 39 71 0 212 13 Green houses 75 155 0 0 230 14 Wire net 2 0 0 0 2 15 Banana tents 1 0 0 0 1 16 Well 3 0 0 0 3 17 Water station 3 0 0 0 3 18 Irrigation ditch 4 0 0 0 4 C. Affected people 21 Owners 102 39 71 42 236 22 Tenants 17 0 0 0 17 23 Companies 1 1 1 0 3 * the areas of affected lands represent (uncultivated agriculture lands/ non agriculture lands- lands cultivated by crops and state lands) However lands planted by trees were not calculated due to the fact that these lands are not considered as affected lands but affected trees 2.3 Mechanisms and Procedures to Put Limitationson for Land Acquisition GASCO compensation committee, in cooperation with the project designers, did their best to minimize the level of land needed throught selecting the appropriate route that is close to the right of way for main roads or the lands passing desert areas. During the site visits, it was observed that the line avoids all constructions except for few number of small rooms that are used for animals. GASCO tried to put limitations on land acquisition for two reasons’) To minimize the budget allocated for compensation, ii) To implement the project with the least disturbance and resistance from community. In order to achieve this goal the following has been done: 20 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  During designing phase a proactive mechanism was applied to avoid any potential impact on the physical assets (buildings, constructed hamlets)  The selected routes pass through empty lands that lie nearby the canals or main roads  Applying more than one site visit to select the appropriate route and the need of any modification on the design  Fences, trees and any other fixed asset should be avoided.  Close monitoring of the project routes, so that whenever a new construction is implemented, the monitoring officer immediately report to stop any encroachment on the lands 2.4 Extent and Duration of Impact (permanent or temporary) As it was mentioned before, two types of impacts will be faced: Permanent impact:  The lands needed for valve rooms.  Restriction to use lands for construction due to the right of way  Restriction for plantation of certain types of trees with roots on the pipeline Temporary impact:  Lands needed during the construction to install the pipeline (20 m width * 105 km)  Lands needed to accumulate digging wastes (included in the previous land 20m wide)  Irrigation system, green houses, and fences that should be moved during the construction 2.5 Census Survey Results The number of project affected people along the pipeline will be up to 236 household/ extended families along the 105 km. However, under those affected households live about 3500 individuals They are mainly the farmers who will lose their crops, assets or lands temporary during construction. In addition, they will be the ones who are restricted to use their lands for construction purposes or planting long root trees during the operation phase. Table 4: Distribution of Project Affected People by type of Loss Sl. PAPS Affected number no. Governorate Behira Menoufia Giza Qalubia Total 1 PAPs who will have their 2 2 uncultivated agriculture lands affected 2 PAPs who will have their empty non 2 3 1 0 6 arable lands affected 3 PAPs who will have their lands 58 22 5 19 104 cultivated by crops affected 4 PAPs who will have their trees 69 72 11 5 157 affected 5 PAPs who will lose their assets 96 5 1 0 21 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 ** The same PAP might lose more than one object (lands, assets, trees) 2.6 Baseline Socioeconomic Profile The project will pass through four main governorates, namely, Behira, Giza, Menoufia and Qalubia. The four project areas rely mainly upon agricultural activities. They are famous for the traditional crops and fruit trees that are not restricted to be planted on the pipeline according to Law 4 of year 1988.. The site visits conducted during the RAP process revealed that the project will pass by the following categories: Behira and Menoufia governorates 1- All of the PAPs rely upon agriculture activities 2- From km1 to km 56 extended families are the main type of households 3- The households respect their leaders (regardless of their gender) mothers, fathers and the elder brother have influence on the rest of the house members 4- PAPs invested to get land reclaimed in certain desert lands. The RAP team was informed that these investment reached up to 100.000 EGP per feddan.. 5- The majority of them own their house. 6- Siblings live with their families after being married. 7- The majority of them own all appliances and truck 8- Thereafter comes the Bedouin tribe named after El Arabwia, who is characterized by obedience to the head of the tribe. During the site visit, the study team hired one of them to facilitate data collection. They were satisfied to have this person hired by the study. They offered to support the project, mainly, for security purpose (El Ghafra ). They have their own lands which vary between 2 Feddans( Feddan = 4200m2) to 50 Feddans. They are relatively of wealthy households. They live in extended families. There is no individual ownership for lands. It is the property of family (family based ownership.) They are committed to their norms and traditions. They own their houses, lands, appliances and trucks. They live in the area located from Pico Company km 17 to Km 56 close to Giza Governorate. They rent their lands with no documents. Regarding Pico Company, it is one of the biggest companies in the field of food products. The company expands for 3.5-4 km. They have developed farming techniques, advanced irrigation system, Roadway Lighting Fixture, certain type of fence, ornamental plant and generator rooms. These specifications of the company assets made it difficult for the Compensation Committee to have a clear evaluation for the assets. Consequently, different meetings were conducted with the 22 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 board of directors in Pico to discuss the route inside the company and the potential compensation for the affected assets, which were not evaluated by the agriculture directorate. Giza Governorate From km 56 to km 67.The PAPs who live in Giza are of the highest socioeconomic conditions. They own their lands, houses, cars. They are literate. They have their legal status of lands ownership. They leave their lands for staff to run their orchards, However, some of them run their orchards by themselves. The main type of crops in Giza are citrus trees and mangos. Qalubia Governorate The PAPs accommodate in the area started from Giza North power plant to Km 105  This governorate is relatively of the least socioeconomic conditions  The areas are more likely to be semi-urban areas  The average ownership of lands is relatively limited  Urbanization in the area is relatively rapid, particularly after the 25th of January 2011 Revolution  The reluctance to host the project in the area is relatively high due to the urbanization activities, particularly, due to the ROW.  The main crops in the area are clover, wheat and onion The above-mentioned information was based on the interviews conducted during the preliminary census and observation for the areas. 23 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 CHAPTER THREE: LEGAL FRAMEWORK This chapter will cover the following:  Policy references  Gaps Between Egyptian Regulations and World Bank Policies  Summary of GASCO Compensation System for Affected Lands, Crops and Trees 3.1. Policy References This is a summarylist of all Egyptian Laws that are applied to this RAP:  Government of Egypt Relevant Legislation o Law No. 4 of year 1988 related to gas pipelines Article No. 2. This Law identifies the right of way and the limitation to use the lands above the pipeline. As well, defined those who are entitled for compensation o Law No.10 of year 1990 on the expropriation of real estate for public interest. o Law No. 217 of year 1980 related to Natural Gas which is the responsibility of Ministry of Petroleum to declare the expropriation decree. As well, the necessity to provide an appropriate compensation to the affected people. The safety of the constructions is assured according to this law (article 2). o Law No. 346 of year 2007 that delegates the valuation of crops and trees for the Agriculture Directorate in the governorate that hosts the project.  World Bank Operational Policies o OP 4.12 – Involuntary Resettlement o OP 4.01 – Environmental Assessment In addition to the above-mentioned regulations, the Agricultural Directorates set a list of prices for the crops located within their Zones. Detailed description of Legal Framework is mentioned in the Annex VII 3.2. Gaps Between Egyptian Regulations and World Bank Policies As demonstrated in the following subsections, there are policy gaps between the two systems. These differences arise mainly from policy issues and implementation difficulties specifically related to: (i) calculation of compensation, (ii) temporary acquisition of land, (iii) temporary occupation of structure, (iv) temporary loss of business, (v) resettlement at the new site, (vi) resettlement assistance, (vii) disturbance allowance,(viii) asset value increase, (ix) assistance to vulnerable groups, (x) access to timely and relevant information on sharing, (xi)grievance and redress mechanisms and, (xii) monitoring and evaluation. The gaps between Egyptian regulations and World Bank policies are summarized as follow:  Egyptian practices of valuation have been substantially below the market full replacement value. The WB seeks for a full compensation cost. Thus, compensations to be paid 24 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 according to what has been defined by the Agricultural Directorate with a limited space for negotiations with farmers.  The Egyptian law does not pay attention to the assistance during replacement, while WB stipulates that affected people are to be offered support after displacement, for a transition period.  According to the World Bank particular attention is to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities. However, the Egyptian Laws do not consider this group. GASCO tries to fill the gaps through providing the compensation for elder and handicapped at their place. Immediate compensation is paid to the vulnerable groups  According to the Egyptian Laws, displaced persons are provided timely and relevant information. Not consulted on resettlement options Not able to participate in planning, implementing and monitoring resettlement. However, the WB declared that displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. GASCO consult people and provided them with the needed sufficient information Specialized committees for that purpose and time of one month to object to the decision of resettlement. Four months to object to the compensation value. While the WB emphasize on having an appropriate and accessible grievance mechanisms to be established. GASCO grievances mechanism is relatively applied in proactive way. Through meeting with the PAPS in the construction sites and accompany them during the compensation process. In case of any complains during construction the civil resident engineer is informed about the problem. In case of having resistance to the compensation value, the negotiation handled on the site might solve the problem. The development and implementation of the RAP will comply with national laws, local regulations and World Bank Policies on Involuntary Resettlement (OP 4.12). In case of any discrepancy between the national laws/decrees and OP 4.12, The WB policies and procedures including op. 4.12 should prevail as per the loan agreement. For detailed discussion for the legislation, see Annex V. 3.3. Summary of GASCO Compensation System for Affected Lands, Crops and Trees 1. According to Law 10 Year 90, a temporary land acquisition decree is issued for the land required for the establishment of the pipeline route. The decree is enforced after obtaining the official agreement from the Local People Assembly. In addition, an approval from the agriculture minister should be obtained for the agricultural lands the line will pass through. Another approval from the minister of petroleum should be obtained for temporarily land acquisition 2. Compensations are also paid according to the decree of the Ministry of Agriculture 346/2007 that authorizes the governors in each governorate to constitute committees for crops and trees 25 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 valuation according to the nature of the governorate with respect to quality of land and type of crop. The committee reference in the valuation process is the market price.  Maps should be prepared about the exact route and sent to the Agricultural Directorates through which the line will pass. The directorates identify the Agricultural Association offices on the line. The directorates mail them to participate with compensation committees in order to make sure that the compensations are paid according to their price lists in the governorate which is prepared and updated annually based on the market price.  An agriculture committee and the survey/inventory/census committee (formed from a representative from GASCO , a representative from the Contractor and a representative from the Agriculture Association where the line passes in) carry out the inventory survey and prepare lists of PAPs, amount of affected crops and trees for each affected farmer and the amount of compensation that should be estimated in accordance with the price of the crops and trees of the Directorate of Agriculture in the Governorate where the line will pass.  These lists should be approved by GASCO, the Contractor and the Agriculture association, and they should be announced in the Agriculture association.  GASCO should conduct introductory meetings with communities, including PAPs and vulnerable groups, in cooperation with the agriculture association, in order to inform the PAPs about the project, compensation and mechanisms. In case of any damage for the land-owner, land will be handed in the same condition as before the construction, the land owners or the farmers will be compensated for the affected crops according to the price list provided by the agriculture association. After the pipe line installation the farmer can cultivate his lands with no problems  Compensations should be paid to the affected people (legal or illegal owners and land renters) during that meeting. They should sign a document that they received their compensation and they approve to allow the line to pass through their lands. As well, they are responsible for any problems due to receiving the compensation  Later on other meetings will be conducted with land owners to continue compensation process For the landowners who are not accepting the compensation, negotiation and dialogues will be facilitated in cooperation with stakeholders (Mayor, Sheikh, local council, etc.) until agreement is reached. In case of refusal, the project should get a higher level of mediation through the compensation committee and the stakeholders (Mayor and Head of Agriculture Association) trying to convince the PAP amicably. GASCO showed willingness to involve community level grievance redress mechanisms in order to minimize the cases where conflict accelerates and necessitate the resort to courts. Community level grievance redress mechanisms could involve the engagement of natural leaders from the villages (Mayor- Head of Agriculture Association) or NGOs trustworthy members. It is believed that the ESIA’s, the RPF and the RAP processes introduced the project transparently to the hosting communities and channels of trust has been created between GASCO and the local communities, particularly farmers. This approach is perceived to be a key proactive 26 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 approach that goes in line with the World Bank OP 4.12. In case of the compensation rejection by the PAP. He has the full right to draw his case to the Court. However, GASCO will deposit the full compensation in the Court Safe box. This action will not have any impact on the implementation plan. 3. GASCO will pay the full compensation in acceptable, appropriate and satisfying manner in agreement with squatters who cultivated agriculture lands without having official documents to prove their legal right. 4. In cases where the pipeline passes State owned land, no fees/compensations are paid and the Contractor is obliged to return the situation to its original conditions before construction. This is done in accordance with law 217/1980 related to natural gas and law 4/1988 related to gas pipelines and the ministerial decrees. 5. In cases where the pipelines passes land that is owned by any governmental agencies (e.g. the Irrigation, Tourism settlements, etc.), passing and construction of the pipelines permits shall be issued by the affected entity, and a compensation should be paid accordingly. 6. In cases of purchasing land for the purposes of the valve rooms, reduction and distribution stations, negotiations are carried out with the owner of the land before purchasing the land, according to the status of his ownership to the land (legal contracts, preliminary contracts, illegal possession or inheritance). Agreement is signed and approved by the Company’s Chairman. Hereafter, Egas, with its capacity as the mother company that GASCO affiliates to, will sign a preliminary purchasing contract with the land owners. Included that, in case of the land owner refuses to endorse the final contract, GASCO will raise the case to the court in order to validate the signature of the land owner (Sehet Tawqee) Consequently the purchasing contract will be valid(This case is named as Seha and Nafaz meaning the contract is reliable and should be executed). 7. In all cases GASCO is paying directly to the affected persons without any intermediary parties. 27 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 CHAPTER FOUR: ENTITLEMENT,COMPENSATION ASSISTANCE AND VALUATION OF ASSETS This chapter will discuss the following topics:  Entitlement Matrix  Valuation of Crops/Assets 4.1 Entitlement Matrix There are various categories entitled for compensation and business restoration according to the World Bank. Below find a table to include the full listing of categories identified by the World Bank. The following are the project-affected persons (PAPs) specified for this project that will be entitled to mitigation/compensation:  The owners of lands who might lose their agricultural land (legal or illegal owners): Temporary (complete or partial) loss of all or part of arable and grazing land located due to the construction activities  The owners of lands who might lose their land (legal or illegal owners): Temporary (complete or partial) loss of all or part of arable and grazing land located due to the construction activities  The tenants of lands who might lose their land or access to it(legal or illegal status): Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site (If they have legal or illegal rights)  The owners of standing crops, trees, and plants(legal or illegal crop owners): Permanent (complete or partial) loss of standing crops, trees, or plants  The owners, tenants are not restricted to reuse the lands according to RoW: Permanent limitation of use are only for certain types of trees according to Law No 4 for 1988.  The owners, tenants who are restricted to build on the RoW: Permanent prevention to construct under the ROWfor legal or illegal farmers  Vulnerable Groups: The main affected groups due to the implementation of the project are known as “vulnerable groups�. The project should provide the most attention to them. The study team did not find the vulnerable group category on the right of way (ROW) during the census survey. The project revised the entitlement matrix developed during the RPF that was mainly based on the WB requirements. As well as, a tailored entitlement matrix was prepared during the preparation of RAP. Both tables are presented below. The main issue that needs to set focus on regarding entitlement and valuation for affected assets is that the compensation value developed by the Agriculture Directorate is based on the full market price prevailed in the governorate. As well as, the compensation strategy adopted by GASCO paid attention the cost of labor needed to move wires, 28 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 hose rooms ditch under the lump sum allocated for compensation. All valuation decisions are taken in cooperation with the Agriculture Directorates. 29 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 5: Entitlement Matrix to meet Op 4.12 Requirements Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Agricultural Land Loss of arable and Permanent Farmers / Individuals  Provide cash compensation at replacement  A list of available arable and grazing agricultural (complete or partial) who have formal legal cost for the lost land3 plus the cost of grazing land in each affected land or access to it loss of arable and ownership rights to land preparing the land to levels similar to those commune grazing land located of the affected land, plus the cost of any  A list of PAP and entitled in the sub-project registration and transfer taxes. persons site  Provide cash compensation for loss of  Consultations and formal crops or trees at replacement cost. agreement with PAPs on type of Loss of arable and Permanent Farmers / Individuals  Provide development and transitional compensation (cash or in-kind) grazing agricultural (complete or partial) who do not have formal assistance in locating new replacement  If available and requested by the land or access to it loss of arable and legal ownership rights to lease land. PAPs and agreed to by the sub- grazing land located land but have temporary  Provide cash compensation for loss of project and concerned in the sub-project or leasing rights crops or trees at replacement cost. authorities: provide equivalent site land nearby, of similar size, value, and quality Loss of arable and Permanent Farmers / Individuals  No compensation for land.  In case of relocation, provide grazing agricultural (complete or partial) who do not have any  Provide landless PAPs with resettlement assistance to farmers during and land or access to it loss of arable and recognizable legal right assistance in securing temporary or lease after the relocation process grazing land located or claim to the land rights to replacement land  Provision of assistance to in the sub-project  Provide cash compensation for loss of farmers to develop new crops site crops or trees at replacement cost. and improve production for both crops and livestock  Poor and vulnerable PAPs (including the landless) will not be displaced until replacement land is provided Loss of arable and Temporary Farmers / Individuals  No compensation for land if returned to  If the temporary loss continues grazing agricultural (complete or partial) who have formal legal owner in less than one year. for more than one year, PAPs land or access to it loss of all or part of ownership rights to land  Provide cash compensation equivalent to will be given a choice of either arable and grazing the replacement cost at market price of continuing with the temporary land located in the renting the land during the temporary use. arrangements, or selling the 3 Calculated at entitlement cut-off date. 30 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues sub-project site  Provide cash compensation for loss of affected land to the sub-project crops or trees at replacement cost and at full replacement cost at compensation for loss of net income from current market value subsequent crops that cannot be planted  Provision of development for the duration of the lease. assistance to enable farmers / land owners to restore land to Loss of arable and Temporary Farmers / Individuals  No compensation for land if returned to its previous condition or better grazing agricultural (complete or partial) who do not have formal owner in less than one year. quality by providing measures to land or access to it loss of all or part of legal ownership rights to  Provide cash compensation equivalent to improve land quality in cases of arable and grazing land but have temporary the replacement cost at market price of land being adversely affected. land located in the or leasing rights renting the land during the temporary use. sub-project site  Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease. Loss of arable andTemporary Farmers / Individuals  No compensation for land if returned to  Provision of development and (complete or partial) who do not have any grazing agricultural owner in less than one year. resettlement assistance to loss of all or part of recognizable legal right land or access to it  Provide cash compensation for loss of landless PAPs with no legal arable and grazing or claim to the land crops or trees at replacement cost. rights. land located in the sub-project site Urban Land (Residential and /or Commercial) Loss of urban Permanent Individuals who have  Provide cash compensation at  A list of available non- residential or (complete or partial) formal legal ownership replacement cost of land of equal arable land in each affected commercial non- loss of urban rights to land size and use, with similar or commune arable land or residential or improved public infrastructure  A list of PAP and entitled access to it commercial non- facilities and services and located in persons arable land the vicinity of the affected land, plus  Consultations and formal the cost of any registration and agreement with PAPs on transfer taxes. type of compensation (cash  In the case that there are structures or in-kind) on the land, provide cash  If available and requested compensation at replacement cost 31 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues for the materials used to rebuild the by the PAPs and agreed to structures or to partially repair an by the sub-project and affected structure. concerned authorities: Loss of urban Permanent Individuals who do not  In the case that there are structures on provide equivalent land residential or (complete or partial) have formal legal the land which have been built by the nearby, of similar size, commercial non- loss of urban ownership rights to land users, provide cash compensation at value, and quality arable land or residential or but have temporary or replacement cost for the materials  Provision of development access to it commercial non- leasing rights used to rebuild the structures or to and resettlement assistance, arable land partially repair an affected structure. mainly in the form of  Provide development and transitional transition allowances for assistance in locating new replacement severely affected PAPs lease land (transition subsistence Loss of urban Permanent Individuals who do not  Provide no compensation for land. allowance for food, moving residential or (complete or partial) have any recognizable incentive allowance,  In the case that there are structures commercial non- loss of urban legal right or claim to assistance in locating new on the land which have been built arable land or residential or the land residential or commercial by the users, provide cash access to it commercial non- leasing, and income compensation at replacement cost arable land transition allowance if for the materials used to rebuild the businesses are affected). structures or to partially repair an affected structure.  Provide landless PAPs with resettlement and transitional assistance in securing alternative commercial or residential land and to restore their livelihoods. Loss of urban Temporary Individuals who have  No compensation for land if returned  If the temporary loss continues residential or (complete or partial) formal legal ownership to owner in less than one year. for more than one year, PAPs commercial non- loss of urban rights to land  Provide cash compensation equivalent will be given a choice of either arable land residential or to the replacement cost at market continuing with the temporary or access to it commercial non- price of renting the land during the arrangements, or selling the arable land temporary use affected land to the sub-project  Provide cash compensation for loss of at full replacement cost at crops, trees, or structures at current market value replacement cost  Provision of assistance to Loss of urban Temporary Individuals who do not  No compensation for land if returned enable the land users owners to 32 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues residential or (complete or partial) have formal legal to owner in less than one year. restore land to its pre- commercial non- loss of urban ownership rights to land  Provide cash compensation equivalent subproject condition by arable land residential or but have temporary or to the replacement cost at market providing measures to improve or access to it commercial non- leasing rights price of renting the land during the land quality in cases where land arable land temporary use is adversely affected  Provide cash compensation for loss of crops, trees, or structures at replacement cost Loss of urban Temporary Individuals who do not  No compensation for land if returned to  Provision of resettlement residential or (complete or partial) have any recognizable owner in less than one year. assistance to landless PAPs commercial non- loss of urban legal right or claim to  Provide cash compensation for loss of with no legal rights arable land residential or the land crops, trees, or structures at replacement or access to it commercial non- cost arable land Structures or Buildings (Commercial, Business, Industrial, or Residential) Loss of Permanent Individuals who have  Provide cash compensation at  A list of available structures structures or (complete or partial) formal legal ownership replacement cost which equals the in each affected commune access to them loss of structures rights to the structures market cost of materials used to  A list of PAP and entitled build a replacement structure with persons similar area and quality, or to repair  Consultations and formal a partially affected structure, plus agreement with PAPs on the cost of transporting building type of compensation (cash materials to the construction site, or in-kind, i.e. relocation) plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Loss of Permanent Individuals who do not  Provide assistance in moving and  A 3-months’ notice - at structures or (complete or partial) have formal legal finding similar and affordable rental least - to be given to the access to them loss of urban ownership rights to land accommodation (this may include tenants. residential or but have temporary or moving allowance and rental commercial non- leasing rights (tenants) allowance for a transitional period). arable land Loss of Permanent Individuals who do not  Provide cash compensation at  The Environmental and structures or (complete or partial) have any recognizable replacement cost for the structures if Social Officer may look into access to them loss of urban legal right or claim to they were built by the users. the possibilities of 33 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues residential or the land (squatters and  Provide assistance in moving and formalizing the structures commercial non- persons in ownership finding similar and affordable rental following their repair. arable land dispute) accommodation (this may include moving allowance and rental allowance for a transitional period). Standing Crops, Trees, and Plants Loss of standing Permanent Farmers or individuals  Provide cash compensation for loss of  A comparative list of the prices crops, trees, or (complete or partial) who cultivate the land crops, trees, or plants at replacement cost. of agricultural products in local plants or access to loss of standing and who have formal markets. them crops, trees, or legal ownership rights to  A list of tree and plant species plants the land on which the in the commune area. crops are  The sub-project activities should take into consideration Loss of standing Permanent Farmers or individuals  Provide cash compensation for loss of the cropping patterns and crops, trees, or (complete or partial) who do not have formal crops, trees, or plants at replacement cost. seasons in order to avoid partial plants loss of standing legal ownership rights to or complete loss – if possible. or access to them crops, trees, or land on which the crops plants are but have temporary or leasing rights (tenants) Loss of standing Permanent Farmers or individuals  Provide cash compensation for loss of crops, trees, or (complete or partial) who do not have any crops, trees, or plants at replacement cost. plants loss of standing recognizable legal right or access to them crops, trees, or or claim to the land on plants which the crops are Income or Access to Income (Commercial, Business, and Industrial Activities) Loss of source of Permanent loss of Owner or workers in  Provide transitional cash  A list of available income or access income source or formal registered compensation until new permanent commercial, industrial, and to source of access to it businesses employment is secured based on net business activities in each income income (for a maximum period of 6 affected commune months). 34 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues  Provide development assistance to  A list of PAP and entitled PAPs (i.e. training in specific areas) in persons. order to help them to maintain and/or  The Environmental and improve their income generation Social Officer shall assist in potential and access to gainful the provision of employment. development assistance to severely affected PAPs and Loss of source of Permanent loss of Owner or workers in  Provide transitional cash vulnerable groups (i.e. income or access income source or informal unregistered compensation until new employment design training programs, to source of access to it businesses is secured based on minimum wage formalizing informal income per month in the respective district activities, access to credit, (for a maximum period of 6 months) including them in the sub-  Priority shall be given to severely project’s contractors’ affected PAPs in the provision of any specifications wherever relevant employment in the activities possible). related to the sub-project. Loss of source of Temporary loss of Owner or workers in  Provide cash compensation for the income or access income source or formal registered duration of business/income to source of access to it businesses generation that is disrupted based on income net income. Loss of source of Temporary loss of Owner or workers in  Provide cash compensation for the income or access income source or informal unregistered duration of business/income to source of access to it businesses generation that is disrupted based on income the minimum wage per month in the respective district. Community Resources 35 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Loss of Permanent All members of the  Affected land will be replaced in areas  A list identifying community community (complete or partial community identified in consultation with affected physical assets and resources assets or access loss) of community communities and relevant (i.e., public hospitals, to them physical assets organizations and authorities. markets, fishing areas,  Provide alternative or similar grazing areas, fuel, or resources to compensate for the loss fodder). of access to community physical  If income loss is expected resources due to the loss in any Loss of Temporary All members of the  Restoration of affected community community assets, community (complete or partial community buildings and structures to original or compensation for this loss assets or access loss) of community better condition shall be in the form of to them physical assets  Provide alternative or similar development assistance to resources to compensate for the restore the livelihoods of temporary loss of access to the PAPs. community physical resources Loss of socio- Permanent All members of the  Provide development assistance to  Identify different forms of economic (complete or partial community enable community members to take social capital from PAPs’ and/or social- loss) of community advantage of income restoration point of view (i.e. social cultural non-physical assets measures noted above. credit, networks, social relationships /  Provide alternative or similar cohesion, etc.) networks or resources to compensate for the loss  Consultation with PAPs to access to them of access to community social capital. identify measures to rectify the permanent or partial Loss of socio- Temporary All members of the  Provide development assistance to losses in social capital. economic (complete or partial community enable community members to take and/or social- loss) of community advantage of income restoration cultural non-physical assets measures noted above. relationships /  Provide alternative or similar resources networks or to compensate for the temporary loss of access to them access to community social capital. Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard Policies Sector, Egypt, June 2006 36 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 6: Entitlement matrix of the project No Type of Level of Entitled Compensation Policy & Type of Responsible Losses Impact Person(s) Standards compensation to entity be applied A. LOSS OF AGRICULTURAL LAND 1 Loss of arable Temporary Farmers /  Provide cash compensation *Cash Full GASCO and grazing (complete or Individuals equivalent to the compensation ( agricultural partial) loss who have replacement cost at market land or access of all or part formal legal price of renting the land to it of arable and ownership during the temporary use. grazing land rights to land  Provide cash compensation located in the (Tenants or for loss of crops or trees at ROW owners) replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease. 2 Loss of arable Temporary Farmers /  Provide cash compensation Cash full GASCO and grazing (complete or Individuals equivalent to the compensation agricultural partial) loss who do not replacement cost at market land or access of all or part have formal price of renting the land to it of arable and legal during the temporary use. grazing land ownership  Provide cash compensation located in the rights to land for loss of crops or trees at sub-project but have replacement cost and site temporary or compensation for loss of leasing rights net income from subsequent crops that cannot be planted for the duration of the lease. 3 Loss of arable Temporary Farmers /  Provide cash compensation Cash full GASCO and grazing (complete or Individuals for loss of crops or trees at compensation agricultural partial) loss who do not replacement cost. land or access of all or part have any to it of arable and recognizable grazing land legal right or located in the claim to the sub-project land site B. Loss of Standing Crops, Trees, and Plants 37 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 No Type of Level of Entitled Compensation Policy & Type of Responsible Losses Impact Person(s) Standards compensation to entity be applied 1 Loss of Permanent Farmers or  Provide cash Cash full GASCO standing (complete or individuals compensation for loss compensation crops, trees, or partial) loss who cultivate of crops, trees, or plants or of standing the land and plants at replacement access to them crops, trees, who have cost. or plants formal legal ownership rights to the land on which the crops are 2 Loss of Permanent Farmers or  Provide cash Cash full GASCO standing (complete or individuals compensation for loss compensation crops, trees, or partial) loss who do not of crops, trees, or plants of standing have formal plants at replacement or access to crops, trees, legal cost. them or plants ownership rights to land on which the crops are but have temporary or leasing rights (tenants) 3 Loss of Permanent Farmers or  Provide cash Cash full GASCO standing (complete or individuals compensation for loss compensation crops, trees, or partial) loss who do not of crops, trees, or plants of standing have any plants at replacement or access to crops, trees, recognizable cost. them or plants legal right or claim to the land on which the crops are F. Restriction to reuse the lands 1 Restrictions Permanent Owners who  Provide monetary Cash full GASCO to build above prevention to have legal or compensation compensation the ROW 2 construct illegal status to meters from above the build on the each side in ROW land urban areas (if the land and 6 meters became in rural areas officially an urbanized land not squatter) 38 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 No Type of Level of Entitled Compensation Policy & Type of Responsible Losses Impact Person(s) Standards compensation to entity be applied 2 Restriction to Permanent Farmers who  Remove any illegal Cash full GASCO build above prevention to have legal or construction with no compensation the pipeline construct illegal status to compensation above the reuse the lands ROW (Squatter ) 4.2 Valuation of Crops/Assets 4.2.1 Crop Valuation  The crop valuation depends mainly on the lists developed and provided by the Agriculture Directorate in the governorate. These lists are updated annually based on the change in the market price in the crops value. In developing these lists, the Agriculture Directorate considers the following criteria:  Type and age of tree  Tree status (fruitful or unfruitful) ( for example fruitful banana trees in Behira cost 104 EGP while the non-fruitful cost only 65. The seedlings cost less than 15 EGP)  Type of irrigation system (modern irrigation system 50% raise in crop price)  Planting inside green house (100% raise in the value of crop)  Any unidentified crop in the list is left to the valuation of the Compensation Committee who also considers the common market value and consult with PAPs and other key informants like the Agriculture Directorate for setting the compensation value.  To verify the prices indicated in the lists, the RAP team consulted the prices of some crops and trees with local key informants. This included the head of the Bedouin Tribe (Sheikh) and other trustworthy community leaders. The main objective of this exercise was to confirm the fairness of the proposed amount for compensation. The result of this exercise revealed consensus on the included value and agreement on their fairness as compensation. 4.2.2Asset Valuation Based on the site visits to the affected areas certain assets were reported, they are as follows:  Barns (it will be evaluated according to the construction material and its area)  The irrigation ditch (will be compensated by meter according to the construction materials, or the contractor will rebuild it after the construction)  Irrigation system (Either add 50% raise to the crop/land value or being compensation according to the price declared in each agriculture directorate). The farmer is allowed to move it before the construction  Wire fence (to be identified by the Compensation Committee) 39 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 The compensation allocated for the assets to be rehabilitated includes full replacement cost involving labor needed to rebuild the asset, construction materials and transportation cost. Some of the farmers who own lands that are located in an older pipeline route reported during the consultations that GASCO’s approach in compensation was in favor for the affected person and that they trust the compensation will be fair. 40 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 CHAPTER FIVE: PLANNING FOR LAND ACQUISITION AND RESETTLEMENT MITIGATION This chapter will discuss the following topics:  Consultation activities related to the project  Grievances and redress mechanism  Community participation and local stakeholder analysis  Requirement for monitoring and evaluation  Disclosure of the RAP  Institutional responsibilities  Cost and Budget  Time plan 5.1 Consultation Activities The consultation process starts before the construction, during the construction, and during operation. The objective of the consultation is to provide the needed information to all community people in general with special attention to the PAPs. GASCO has applied multi-levels of consultation with the stakeholder and the PAPs. The following are the detailed consultations with different stakeholders. 5.1.1.Consultation Activities During Planning Phase 5.1.1.1 Consultation Activities During site visits Prior to the planning phase, GASCO pays a visit to the governorates where the project goes through. The main objectives of these visits are to introduce the project to the governmental entities and community people. During these visits, all the concerns and comments received from the governorates and the directorates (health, environment, etc...) are considered during the planning of the project. 5.1.1.2 Consultation Activities During preparation of the ESIA and the RPF  During the preparation of the ESIA and the RPF, community people were consulted through the focus group discussions (FGDs) and scoping sessions conducted along the route. In addition, individual interviews were conducted with the potential affected persons in their fields. The farmers interviewed noted that they have witnessed other Gas pipeline 41 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 projects. No complaints were raised during this phase except for the potential impacts on the status of lands  During the preparation of the ESIA, there were two public consultations (PCs) with the stakeholders and community people in the areas adjacent the project. GASCO submitted the PCs results to the EEAA as part of the ESIA study. Any comments mentioned by people were considered (see annex VIII). For the various activities of the project, there needs to be consideration for a temporary expropriation of agricultural land and a need for supportive community participation.. The reference should be made to the existing population patterns in those governorates, which vary between farmers and residents of urban areas. Residents of the Behira governorate are distinguished for their sense of anger, and quick raged responses i.e. in case of dissatisfaction with any action, in the previous period there were several demonstrations and roads closures. Public Consultation in Menoufia Governorate 17th of February 2011 In order to review the findings of the draft ESIA, a collective public consultation workshop was organized to allow the various groups of stakeholders to come together and provide comments on the drafted ESIA. EcoConServ consulting carried out several steps to announce for the event and invite stakeholders,. An announcement was made for a “Public Invitation�, which was published in Al Akhbar newspaper. Then an official letter was directed to the Secretary General (SG) of Menoufia Governorate stating the workshop objectives, time and venue. A list of relevant stakeholders that should participate in the workshop has also been prepared and attached to the letter. The letter asked the SG to direct official invitation to representatives from the relevant affiliations (the list is included in Annex C). Despite the daily strikes across the Governorate and the close of several governmental offices, Menoufia Governorate helped in directing personal invitations to the nominated stakeholders. Menoufia EMU also provided the ESIA team with contact details for the nominated stakeholders, and invitations have been directed through phone calls from EcoConServ. Public consultation held in Behira Governorate 25th of May 2011 In order to review the findings of the draft ESIA, a collective public consultation workshop was organized to allow the various groups of stakeholders to come together and provide comments on the drafted ESIA. To announce for the event and invite stakeholders the following activities have been carried out:  An announcement for a “Public Invitation� has been published in Al Akhbar newspaper.  An official letter has been directed to the Secretary General, El Behira Governorate (SG) of Behira Governorate stating the workshop objectives, time and venue.  A list of relevant stakeholders that should participate in the workshop has also been prepared and attached to the letter. The letter asked the SG to direct official invitation to representatives from the relevant affiliations. 42 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  One of the active NGOs supported in the logistics of the workshop. They were efficient in mobilization, not only for the community leaders but also for the farmers  El Behira Governorate helped in directing personal invitations to the nominated stakeholders.  El Behira EMU also provided the ESIA team with contact details for the nominated stakeholders, and invitations have been directed through phone calls from EcoConServ. The Public Consultation started with a word from the SG about the natural gas and the importance of using it to the population. Then Eng. Mostafa Abu El Makarem and Eng. Ibrahim Mahmoud of GASCO presented the company to the audience and informed them about the project. After that Dr. Tarek Genena, Head of EcoConServ, made a presentation about the environmental impacts, followed by the social expert’s presentation about the social impacts. Eventually, two hours and half discussion with the audience took place in order to receive any potential comments or to clarify vague issues. The discussion revolved around the following items:  The compensation for damaged crops and the strategies to pay for such loss of crops. Moreover, the entity responsible for paying the compensation. The importance of integrating the local community was one of the issues raised by the participants  One of the main worries raised by the farmers was the amount of compensation needed in case of urbanization of the villages. Consequently the lands will not be a farm land but it would be construction plots of lands which are much more expensive  Another issue raised was the importance of coordination between the project and Irrigation Directorate and Water Company in order to avoid the potential overlapping with their water network and the covered disposal network  The rehabilitation of the streets and roads was raised due to suffering from this problem in other similar projects. Therefore, GASCO team noted that the money allocated for re-estate or rehabilitation of roads should be transferred to the contractor or the Roads Authority before the implementation of the project  There should be a clear plan for implementation with dates and everything inside. This implementation plan should be published in transparent way  Some environmental worries were raised regarding the safety of water and the surrounding areas. However, it was notable that the current pipeline established two years ago is safe to the extent that people sit on it, plant their lands and feed their sheep with no problems  The importance of integrating community people in the process of compensation was discussed.  One from the Governorate reported facing a problem with the company due to sending memos to his Department in English during the construction of the old line. Therefore, GASCO has to communicate with the different authorities in Arabic  The role of NGOs as supportive to the project was not identified  The grievance was highlighted as people asked about the person that will receive their grievance during the construction phase 43 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  The number of participants attending this event was up to 109. The males were dominant due to inviting farmers, as well as different governmental authorities that are mainly males. However, ten females attended, mainly among EEAA staff and press people. Based on the analysis of the participants, it was notable that they were of different work status. About 20% of them were mainly from environmental department, while a quarter of them were NGOs. Due to the sensitivity of land acquisition and the possibility to pass by the covered disposal network, it was important to invite more people from Irrigation Department. The community was represented through farmers, traders, drivers and mayors, besides the local organization staff. Figure 3: Menoufia Public Consultation Figure 4: Behira Public Consultation Table 7: Results of the public consultations implemented in Behira on the 25th of May and Menoufia Governorate on February 17th governorates Topic Participants Responses comments Land Will the compensations All compensations should be paid to the farmers before acquisition be paid before or after putting any equipment in the land. We inform the farmers 45 needed the starting of work? days before starting the work in order to pay their compensation. Then we inform them that we will start the work 24 hours before starting working Will the compensation We have two types of lands: be paid for the total area Agricultural, and Potential Residential (this is the land that of the lands, or only for might be part of the urban areas) the areas where you will The potential residential should be compensated for 7 meters dig for your project? wide and whatever length needed to protect our line. This is the responsibility of the Supreme Committee for Compensation headed by a counselor from the Supreme Court. The whole potential expropriated lands should be compensated for according to the market price. This is the Egyptian and World Bank rules and regulations Regarding the agricultural lands it will be temporarily expropriated and we will pay for the crops. If there is no crops we will pay for the renting 44 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Topic Participants Responses comments The company Please inform the responsible people for compensation about mentioned that they will that in order to identify the needed compensation according to compensate for lands. I the condition of land have a plot of land overlooking the high way. When an investor comes to purchase this plot of land, he notices the sign of Gas he refuses to buy my land Safety distance I would like to know The safety distance is ruled by an Egyptian Law 4/88 that about the safety areas identifies the safe distance with 6 meters away from the line, needed for the line in according to the Law. order not to allow We have another safety measure that the valves are anyone to build in. In automatically turned off in case of any problem addition we need the final maps for the line. Rehabilitation The route of the line We are a public sector company. We have our rules and of the becomes not suitable regulations and the Central Authority for Auditing expropriated For agriculture for two So we have to consult the Agriculture directorate for the lands seasons at least. I would compensations and the prices. After that we got approval like to ask for from the local council that attends the whole compensation compensation for this process. period Regarding the land infertility during two seasons, I am so sorry to tell that it is not correct. But in case of it happens then the farmer should apply to the committee to receive his compensation. The Agriculture Association is an important partner who should attend the process and approve on the payment. Community A responsible person This will be addressed with the community and the participation from a community stakeholders. the level of their contribution will be identified should be hired to inform about the project transparently For detailed information about the conducted consultation, please refer to Annex XI. After the completion of the public consultation, the reports were uploaded to Casco Website. Following these activities, Casco in cooperation with Petrojet (subcontractor of GASCO ) applied dense consultation activities with the governmental units, particularly the Agriculture Directorate and the Governorate. In addition they paid visits to different areas where the project will be implemented. 5.1.2.Consultation Activities During Preparation of the RAP  The RAP team accompanied with Casco and Petrojet staff conducted different levels of consultation in the field. in certain areas access to local communities required facilitation by 45 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 local representatives like the case in accessing El Arabaweia tribes. Public consultation applied during the ESIA was generic for all potential communities and included a range of stakeholders. However, during the RAP preparation consultations focused on the PAPs' engagement.  Upon launching the RAP, the study team prepared a community based consultation strategy in order to cover the whole 105 km line. The consultation activities started from the 18thof September and continued during 10-12th of December. The approach of the consultations was designed to ensure high level of transparency and minimize potential local conflicts. In parts where plenary sessions were appropriate the team conducted plenary sessions. This was the case for Menoufia and Behira Governorates where about 70% of the line is passing through. Besides, additional scoping sessions and individual consultations were applied with PAPs from Giza and Qalubia Governorate during developing the RAP. For these two governorates, a need appeared for a more outreach approach due to the nature of the affected communities. The assets in the areas are widely owned by high socioeconomic groups (e.g. governors). Fearing that these groups will not be responsive to invitations for plenary meeting, the outreach consultation activities were designed to ensure that information is shared transparently with them in an efficient and locally sensitive manner. The key applied tools for consultation during the preparation of the ESIA, RPF and the RAP could be summarized as follows: 5.1.2.1 Door to door consultation That was handled by consulting the PAP in his house or field. All household members participated in the discussion in order to warranty clear consultation and dissemination of the following information: 1- About the project 2- Potential impacts 3- Compensation strategy and mitigation measures 4- Entitlement 5- Grievances mechanism 6- Residual impacts after restoring the lands 25 persons were consulted on the 18th of September 38 persons were consulted during the 10thto the 12th of December Lists of people consulted are attached in Annex XI About 53 households were consulted along the line as some of the PAPs offered to host other affected people in a gathering. The team hired one from the community from the Arabaweia tribes living in the area from km 17 to km 62. This person facilitated the study teamwork, and conducted 46 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 additional night consultations. Almost 95% of the PAPs were willing to deal with the study team. That drew our attention to having such person during the implementation of the RAP. Figure 5: Consultation with the PAPS through door to door consultation During the consultation, the engineers handled and responded to the concerns and questions. Table 8: Issues, concerns and topics raised during the Field Consultation Topic Concern/question Response Impacts on the Will our lands be No it will only be affected during the construction phase lands affected permanently? The productivity of No it will be restored with the same soil extracted lands will be affected The trees will be cut The affected farmers may remove them to another area. down However the compensation will be paid in full at market value according to the price lists developed by the Agriculture Directorate Compensation Will it be paid before or It will be paid before the construction. However in case of after the construction? affecting anything additional during the construction you will be compensated for it as well 47 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Will the compensation It will be fair and complied withthe market price. In addition be fair? we allow you to harvest your crops in case of not affecting the time plan About the Will the project be We will review that with the Irrigation Directorate project and implemented 35 m from exact location the surface of water or of the project more? How deep will be the At least two meters deep pipes? What is the Right of It will be two meters in urban areas and 6 meters in rural Way? areas from each side of the center of the line. It does not restrict plantation but only deep root trees Will we have natural gas This pipeline will be mainly to feed the Electricity Station. in our houses However, it is probable to install gas connection to houses later on( according to energy sector plan). Honestly, we don’t know if it will happen during the near future 5.1.2.2 House gathering The house gathering was useful particularly in the El Arabaweia areas. More than three heads of households gathered in one of the houses (arranged by the resident personnel in the area) People felt comfortable to ask freely about the project. All consulted people during this process were the heads of households; all of them were males as it is not allowed for women to go to such gatherings due to the Bedouin customs and norms. However, women and young people were outreached through door to door consultation. All of the people participated in the gatherings refused to sign. However, they accepted photos. Figure 6: Consultation with the PAPS through house gatherings 5.1.2.3 Transportation consultation In parallel with the inventory data collection process, the study team was responsible to inform community people in the main stops for Tuk Tuk, and microbuses. In addition, some posters were 48 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 disseminated about the project in Mosques, youth centers and cafes. The community people were satisfied with the project. They noted that they have the feeling that they are listened to. For the first time a project pays attention to consult people in microbuses and Tuk Tuk stops, therefore, community people expressed their satisfaction. Figure 7: Consultation with the PAPS through transportation consultation 5.1.2.4 Further planned consultation  Prior to construction, GASCO Compensation will send letters to the governorates to inform about the commencing of the project by applying a census survey to the PAPs who are entitled for compensation.  After sending the letters, different meetings are conducted with the governorate and the directorate, particularly, Agriculture Directorate.  Afterwards, the main consultation activities are done with the PAPs aiming at informing them about their compensation with a certain space of negotiation. During this process integrating different stakeholders is essential to apply land expropriation amicably. Figure 8: Consultation with the PAPS 49 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Based on GASCO ’s previous experience, they develop and apply meetings with the PAPs in order to consult them and inform them about the project activities. The meetings commenced by having different site visits to the PAPs. This is a continuous process that might be summarized in the following box: Box 1: GASCO Strategies to inform the affected people about their compensations How to communicate with PAPs Five meetings are conducted with the PAPs, that are mainly based on GASCO policy that has the sense of social responsibility. The First meeting: The detailed inventory process is carried out by a compensation committee. It consists of a representative of the Measurements Department in GASCO , the representative of the contractor( Petrojet), and representative from the Agricultural Association is within the zones of the Project Affected Person’s land. All PAPs/farmer must attend this meeting. The inventory took place prior to the construction; all information will be reported to the PAPs/farmers as follows: 1 - Information about how to drill gas line. 2 - The compensation mechanism followed by GASCO to ensure the rights of the farmers. 3 - Emphasize on the restoring the farmland to its original condition. The Second meeting: After the inventory process, GASCO is to convene a meeting with the help of Agricultural Association. All owners of the land listed in the inventory will be invited. They will be informed about the following:  Provide information about the gas line  Follow GASCO compensation mechanisms to ensure the fulfillment of farmers’ rights. Monetary compensation that suits the damaged crop value will be based on the price list of the governorate. The land owner will be able to cultivate his land normally,  Explain how the line will be implemented,  Respond to any questions raised by the farmers,  Clarify the mechanism of appeals in the case of dissatisfaction with the amount of compensation allocated for farmers or in the case of any effect on the livelihood of the farmer due to the implementation of the project  Ensure that the farmland will be rehabilitated  Provide information about the Ministry of Petroleum is the entity responsible for the line  Provide information about the nature of the gas pipeline, the safety factors during and after the implementation of gas pipeline  Provide means of contact during and after the implementation of the line The Third meeting : It is conducted after the general meeting with the Agricultural Association. The compensation activities start by having meetings with each and every affected farmer. During the meeting the following procedures might happen:  To clarify the information previously provided. If there is a necessity to go to the land, then provide explanations on how the compensations were calculated. The technical member for Compensation Committee and representative from the Agriculture association will attend.  The full amount of compensation will be paid and the receipt is signed. Responsibility for any problems due to that compensation will be mainly handled by the farmer himself. The Fourth meeting : 50 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 With the start of the implementation, to coordinate between the farmer and the implementing company to ensure the maximum benefits for the famer, completed through the following:  Possibility to move the trees to another area with the help of the implementing company  In case that the crop is ripe, the company should wait until harvesting time so not to affect the implementation time plan. However, the compensation will be paid in full amount  The farmer is allowed to move his plants in order to benefit from the affected crop (he/she might use the unripe crop as fodder for the cattle) The Fifth meeting : During the implementation process, the communication channel is open between the farmer and project manager as long as the contractor is in the farmland . This process ends when the whole equipment are removed and the land is rehabilitated. The main objective is: continuous coordination between the farmers and the project manager. The main cornerstone in such consultations is that the members of the Compensation Committee to focus on informing the community people about their rights and assist them in obtaining fair compensation. The following chapter will discuss institutional responsibilities in detail. 5.1.3 Community Participation and Local Stakeholder Analysis Community engagement is the action that actively seeks informed and inclusive dialogue and exchange of views between responsible authorities and those citizens and communities most affected – directly and indirectly – by the design, alignment, construction and operation of the Project. This dialogue should include the stakeholders’ views and proposed alternative solutions (if they are technically and economically feasible) will be respectfully considered and will influence final decisions and the choice of solutions on priority issues of concern. Stakeholders should be fully consulted regarding the design, alignment, construction and operation of public services that will markedly influence their lives, their well-being and their communities. Due to the importance and the viability of community integration and participation in any developmental project, the study team investigated the role of the Agriculture Association) and community members in the program. Different Agriculture Association, municipalities were interviewed to highlight their role. Though regulations the World Bank mandate integration of non- governmental organizations into the project by informing them about project activities through public meetings. The main objectives for community participation are:  to disseminate the needed information on project activities and impacts, As well as, needed facts about the pipelines and their impacts on the surrounding environment;  to invite, listen to and demonstrate respect for stakeholder views and constructive suggestions regarding projects activities  to respond satisfactorily to stakeholder response and input, and  to ensure sustained and satisfactory operation of communication channels grievances that respond in a timely, positive manner to legitimate stakeholder complaints and community concerns throughout the intrusive construction phase.  mediate, if possible, between the potential affected people and the project authority in order to have amicable and satisfying implementation of the project 51 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Primary stakeholders in this context are defined as those persons who are directly involved or affected by the project either because their livelihoods are associated to the project or they are directly involved in its usage in some way. These are:  Local farmers (owners and tenants) of affected communities  The governmental units, municipality and other governmental institutes responsible for land acquisition. Secondary stakeholders in this context would be those with a more indirect interest, such as those involved in institutions or agencies concerned with approval or managing the resource. These are:  Elected representatives and local opinion-leaders of the affected communities; Public outreach, announcements and consultations will be fully cognizant of each of these categories of local stakeholders. Community participation should assure that all categories are informed of and invited to participate in the public consultations or other, contingent meetings at their request. Their concerns and opinions will be respectfully heard and considered. 5.2. Grievance redresses mechanism This section will cover the following issues: 1- Responsible entity for applying grievances’ mechanism 2- Grievances tiers that encourage inclusion of marginalized group ( women, poor, illiterate and handicapped groups) 3- Grievances channels that is locally tailored 4- Response to grievances procedures 5- The role of locally based organizations 6- Dissemination of the results of the submitted grievances to the community 7- Monitoring of grievances activities The grievances mechanism was introduced to local communities during the RAP preparation. Careful attention was paid to local communities’ characteristics and the fact that the majority of the line passes by communities of illiterate population. . The Social Development Officer (SDO) and the Compensation Committee introduced different channels of grievances to PAPs. During the construction the SDO and the Compensation Committee in cooperation with the resident engineers will develop the following materials in order to inform community people on how to raise their complaints: 1- leaflets and Brochures 2- Signs to be disclosed in the construction site The information to be disclosed in the above mentioned materials will be: 1) Name of the SDO (s) 2) His/her telephone/ mobile number 3) Name of resident engineer and his contacts 4) Mediation Committee members 5) Duration for time for responding to the received complaints and 6) The recording and documentation system of complaints and the channels for follow up. 52 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 5.2.1 Institutional Responsibility for the Grievances GASCO, with its capacity as the implementing agency, will be the institution with primary responsibility for receiving and handling grievances. GASCO started early preparation for the project by appointing two Social Development Officers (SDO)s with the Compensation Committee to be dedicated to communicating on the ground on the local level with local communities including PAPs. The SDOs are Eng.. Ahmed Galal and Ms. Pakinam Tawfeek The Compensation Committee and Social Development Officer working within GASCO in cooperation with the local government units, governorates, agriculture association, and the resident engineers will address all grievances raised by PAPs, particularly the ones related to resettlement activities. The main responsibilities of the SDO are: 1- Raise people awareness about the grievances redress mechanism 2- Collect the grievances received by each communication channel 3- Document grievances received 4- Direct the grievance to the responsible entities to solve the problem 5- Follow up how the problem was addressed and solved 6- Document, report and disseminate the grievances 7- Monitoring of grievances activities Raising community awareness about the grievance mechanism should be handled as follow: - - brochures should be developed and sent to the main stakeholders, PAPs, Local Governmental Units, Agriculture Associations, mayor mosques and churches and youth centers - Documentation of the activities should be handled carefully and thoroughly. A quarterly report should be prepared about: o received grievances, o how they were handled, and o the level of satisfaction of the affected person towards the solution. The first report should be prepared by EcoConServ as guidance to the Compensation Committee and GASCO Social Development Officer - During the disclosure of the RAP, all PAPs should be informed about the Grievance Mechanism 5.2.2 Grievances tiers Grievances are an important process that should be tackled carefully, especially in the post revolution era where citizens are becoming more vocal and more aware of their rights. Tailoring appropriate grievance mechanisms is needed to allow GASCO smooth implementation for the project. The traditional case with GASCO’s projects is that the company receives grievances from the governorate, site engineers and compensation committee. It was observed that PAPs are not familiar with the appropriate channels through which they can submit their grievances and that no clear process is in place to handle complaints. Thus, the following procedures will be applied in order to have a clear grievance’s mechanisms: 53 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 First tier of grievances: 1- As indicted above, GASCO has already assigned SDOs who will be responsible to receive all grievances from all different stakeholders through the Compensation Committee. 2- The Compensation Committee and SDO should be in charge of informing local communities about grievances, to whom they can address their complaints, solution for the problems and document all grievances received. Moreover, they should be following up the problem until it is solved and ensure this is transparently shared with the PAP The turnaround time for the response should be within 15 days. Second tier of grievances: In case of having unsolved complaints based on the first tier project level system, PAPs of those who submitted complaints should seek remediation with a second level of grievances. This second tier is implanted in GASCO's system in the form of the Compensation Committee in GASCO. The Compensation Committee in cooperation with project stakeholders in each administrative unit forms a "Mediation Committee" (MC). The Mediation Committee should be carefully selected from trustworthy stakeholders of local community figures. The MC will take decision and play a mediation role with the affected persons to resolve the elevated complaints. It is suggested that the Committee is composed of: 1) Head of Agriculture Directorate/ Association, 2) Active NGOs/PAP, 3) Mayor,4) Head of compensation committee, 5) Representative of the contractor. The actions taken under the second tier are as follow: 1- The Compensation Committee in GASCO in cooperation with the SDO inform people about the members of the mediation committee in order to be able to outreach with them in case of unsolved problems. Thereafter, the members should inform the SDO and the compensation Committee 2- In case of any unsolved problems, the mediation committee should develop a space for negotiations between the PAP and GASCO team 3- The Grievance Mediation Committee will take decision and play a mediation role with the affected persons. 4- Meetings by the Compensation Committee are arranged and distributed geographically within the jurisdictions of each agriculture association and according to the received grievance. In case of not solving the problem on the level of the second grievances tier, the complaint might go to court. In such case, the court assigns an evaluator and a committee to check the validity of the case and the value of compensation assigned to the PAP. Thereafter, the court might modify the value of compensation. GASCO is fully committed to apply to the court decision. Regarding compensation, once the affected people are addressed as well, the crop and the land compensation registers are developed for the project (these registers identify affected farmers. The affected area of land for each farmer, crop type and date of crop damage) they are publicly displayed at the bulletin board within the relevant Agricultural Association . The information is maintained on 54 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 display for a period of fifteen days. Any grievances related to the posted crop/land compensation information will be submitted within fifteen days to be investigated by the Crop Compensation Committee within the following fifteen days. The Compensation Committee and SDO will work closely with the committee in order to identify the actions taken to solve the problem. 5.2.3 Grievances channels Due to the diversity of the socioeconomic characteristics of the PAPs, the communication channels to receive grievances were locally tailored to address all affected groups. The following are the main channels through which grievances will be received: 1- Hotline (mobile number for the Compensation Committee and SDO to be informed to project affected areas). 2- The second channel is through religious institutes in the area. It might be applied, if needed , through the mosque or church 3- Community leaders will be appropriate channel among rural areas 4- Regular meetings with community people to be conducted and applied by the influence stakeholders 5- Website for educated people who have access to the internet 6- Resident engineer in the site 7- Influence people and Mediation Committee 5.2.4 Response to grievances Response to grievance will be through the following channels 1- The response of the grievance will be through the same channel used to submit the problem. For example, those who sent their grievances in writing should receive their response in written form, those who used the website should receive an email, those who phoned should receive a telephone call from the Compensation Committee and SDO telling the solution of their problems 2- The second channel is through religious institutes in the area (mosque or church) 3- Response to grievances should be handled in appropriate timing limits in order to give the community people the feeling that their worries are responded to quickly and efficiently, that might put limitation to the problems 5.3 Requirements for monitoring and evaluation 5.3.1 General monitoring by GASCO Monitoring and Evaluation (M&E) are the key elements that the RAP is appropriately implemented. They have the following general objectives: 55 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  Monitoring of specific situations or difficulties arising from the implementation, and of the compliance of the implementation with objectives and methods as set out in the RAP. Monitoring aims at tracking project implementation procedures. It will address the following aspects: 1- Follow up the activities assigned under the RAP (valuation, awareness raising events, disclosure, dissemination activities). The following indicators should be covered: a. The valuation documents b. Awareness raising activities applied c. Disclosure activities done (all activities, how many beneficiaries, gender of the target group, their age) d. Consultation activities (who were consulted, how many, age, gender, education) 2- Follow-up the status of the project affected persons. This will be applied through covering the following indicators: a. The type of impacts affected the PAP b. How they were compensated c. Satisfaction with compensation and all related activities (valuation, compensation, grievances …etc) d. Impact of the compensation on the PAP 3- Follow up the process of grievances in order to identify the efficiency of livelihood restoration for agriculture loss. The proposed indicators are: a. No. of grievances received per each channel b. How they were handled c. Satisfaction of the complaints d. Obstacles and barriers 4- Provision of all data needed to apply the mid-term evaluation and final assessment. The data will be prepared to an independent consultant. Evaluation aimed at ensuring that policies have been complied with and should provide feedback needed for adjusting strategic directions. The evaluation has the following specific objectives:  General assessment of the compliance of the implementation of resettlement activities with objectives and methods as set out in this RAP,  Assessment of the compliance of the implementation of resettlement activities with laws, regulations and safeguard policies as stated above,  Identification of actions to take as part of the on-going monitoring to improve the positive impacts of the program and mitigate its possible negative impacts, if any. 5.3.2 Internal monitoring While Egyptian regulations do not offer any monitoring or evaluation measures, the Bank’s OP 4.12 does. It embraces monitoring and evaluating the social and economic impact on the affected groups. 56 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 It requires measurement of the amounts of compensation paid, time taken to ensure compensation payment, number of grievances and redress cases received and addressed and objective feedback on the overall impact of the resettlement action on the affected group. The OP 4.12 explains procedures for a monitoring and evaluation process that should be incorporated into the Egyptian law. GASCO Committee will monitor the RAP process during all its phases. They will be responsible for ensuring efficient consultation with all land owners, their representatives, fairness of agreement, proper implementation of the compensation process and its effects on the PAPs socioeconomic status (that might be affected due to the project implementation). This will not be reflected on the financial cost as it is part of GASCO activities. Agricultural Association in full coordination with GASCO committee will undertake internal monitoring of RAP implementation. They will monitor the progress of RAP implementation against predetermined performance targets, and facilitate the work of the external and independent monitors through effective record keeping and the preparation of periodic Project Progress Reports. The Municipalities will provide early warning of RAP-related project difficulties and concerns and will ensure that the PAPs concerns are adequately addressed by the project. They will jointly ensure that compensations are made to the correct individuals in accordance with the compensation agreements. 5.3.4 External monitoring and evaluation Independent consultation GASCO develops in cooperation with the RAP consultant a detailed list of indicators as the RAP will be the baseline study for the project affected people. By mid of the RAP process, an independent consulting firm will be contracted by GASCO in order to apply a rapid assessment for the activities done under the RAP, as well as, the impact of involuntary resettlement on the livelihood of community people. This assessment aims at providing the guidance for GASCO in case of facing any obstacles that might affect the implementation of the RAP. By the end of the construction phase an independent consultant will be hired to evaluate the whole process of the RAP, in addition to providing a full assessment for the activities done, including documentation, grievances mechanism, valuation, entitlement and the lessons learned. This consulting firm will be responsible for developing a final evaluation report by the end of construction. A full final evaluation report for all activities should be developed. 57 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Following are some of the indicators to be measured during the external monitoring and evaluation process: Table 9: Examples of the Proposed Indicators Needed For Monitoring Activities Examples of proposed indicators during RAP implementation PAPS 1. Number of affected persons censed 2. Number of persons compensated for a) land b) crops c) trees, etc. 3. Number of persons not yet compensated ( by types of losses) 4. Number of consultations held 5. Number of grievances outstanding etc. 6. Level of satisfaction of affected people with the compensation 7. Number of awareness activities held Consultation 8. Number of participants (According to the communication channel) 9. Gender of participants 10. Age of participants 11. Occupation of participants 12. Their comments Grievances 13. Number of complaints received ( by types) 14. Number of grievances resolved 15. Number of complainants 16. Gender of complainants 17. Main complains raised 18. Number of solved complains 19. Number of complains left unsolved (reasons should be reported) Examples of proposed indicators during the final evaluation and assessment 1. Total Number of persons compensated for a) land b) crops c) trees, etc. versus the baseline information provided in the RAP 2. Number of persons left with no compensation ( by types of losses) and reasons 3. Number of consultations held ( A full assessment about their characteristics of participants, reason for holding consultation, comments, where they held different consultation 4. Number of complaints received ( by types) (How they were dealt with 5. Number of grievances resolved 6. Number of grievances outstanding etc Bank monitoring: Bank supervision missions will regularly and systematically review the progress of the RAP implementation and documentation for different activities. 5.4 Disclosure of the RAP 5.4.1 During Preparation Phase The project, in consistent with the requirement of Law 10/1990, paid more attention to the disclosure of all information related to the project activities and potential impacts: 58 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  During the ESIA preparation all information related to the project was presented in the website of the following entities: o GASCO website o The World Bank o EcoConServ o The non-technical summary and the Final ESIA report, as well as, the RPF were uploaded in the websites  The WB translated the RPF document, thereafter, reviewed by EcoConServ and GASCO team. The revised version was uploaded to the Website  Meetings were conducted in the governorates. GASCO team in cooperation with Petrojet disclosed all needed information to the stakeholder. They provided the needed information transparently and sufficiently. They were open to receive questions and responded to it during conducted meeting, as well as, after the sessions  During RAP data collection process, the social development officer from GASCO, the Petrojet engineer who is one of the Compensation Committee members and the agriculture association representative disclosed all needed information to the farmers and the PAPs. Information provided covered the following topics: o The needed lands to be expropriated temporary o Potential impacts on the lands and assets o The valuation strategy o Grievance methods o Timing 5.4.2 During Implementation Phase  Owners of the properties and holders of rights therein will be informed about the implementation schedule during the project implementation phase. They will be notified by the Agriculture Association and GASCO compensation Committee. The notification memo should be provided to them in a written or more in verbal as the majority of head of households are illiterate. All process should be documented and reported to the Bank in order to verify the implementation.  Disclosure of information in the religious places (church/ mosque) might be useful to the project. Based on different studies implemented in the rural areas, advertising through religious places is one of the most practical strategies to disclose information.  Disclosure of information in the Local Governmental Units or the Agricultural Association In addition to the above-mentioned strategies, all information about the PAPs and how they will be affected is already included during the individual meetings conducted during the census. 59 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 5.5 Institutional Responsibilities for the RAP Implementation 5.5.1 Organization Setup The main organization for this project that is responsible for compensation activities is the Compensation Committee in GASCO , formed of :  Head of the committee  Technical member  Legal member (lawyer)  Accountant  Social officer These are permanent staff in GASCO . They work closely with the Agricultural Associations and Agriculure Directorates in addition to other entitities located inside the governorates. 5.5.2 Organization Composition and Responsibilities The following table summarized the organizational composition and their roles Table 10: Institutional Responsibilities for RAP Implementation The agencies that will Roles be involved in crop compensation GASCO - Identify the plots of lands needed compensation - Measure the lands committee - Communicate with the governorate and the Agricultural Directorates for expropriation decree and valuation of crops - Have site visit with the Agricultural Association and governorate representative to address the needed compensations - Negotiate with the farmers - Disseminate census results - Pay the compensation - Receive any grievances related to the implementation - In case of any constructions or any change in the status of lands they renegotiate for appropriate compensation Agricultural - Valuate crops Association - Accompany the compensation committee - Participate in the consultation with people - Approve and disseminate the results of compensation The Governorate - Accompany the compensation committee representative - Participate in the consultation with people - Approve the results of compensation 60 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 5.6 Cost and budgets The commence date for construction will be during the beginning of March 2013. However, as the main impact of the project is affecting crops which have a seasonal nature, the implementation of the RAP should start two months before the construction of the project. In order to have a clear accurate type of crop, the route will be divided into segments. The segments will be defined according to the Agriculture Association that the plots of lands are affiliated to (tentatively 33 Agricultural Associations are located on the route).Based on the WB requirements all compensation should be paid prior to the construction. The coverage area for each Association is around64.000 m2. The updated census will be implemented in more than one segment during the same time . The process of implementation will be as follow: 1- Revisit the census in order to update the inventory of the PAPs in each affected working segment 2- Inform the PAPs 3- Develop an addendum report to be sent to the WB for Approval 4- After the approval of the WB on the addendum (within a week) the addendum will be disclosed to people 5- Compensation payment for the affected people 6- Documentation for the whole process Until the preparation of the RAP, the time frame for the project was not finalized due to the political status in Egypt. Thus the following are the consequent steps that will be applied after determining the time frame of the project: 1- The construction will begin only after the completion of the compensation process for each segment. The PAPs should be identified and documented. The segments of the route should be identified and addendum to the RAP should be prepared, sent to the WB for approval and endorsed 2- Crop compensation is linked with implementation of project activities as no digging in the sites before the payment of a full cost of the compensation. In order to visualize the process of resettlement activities the following figure might clarify the process more: 5.6.1Implementation Sequence The previous system is governed by a clear detailed legal framework that enabled compensation department to perform their work appropriately. In addition, the legal frame is in compliance with the regulation of the World Bank OP 4.12. The temporary land acquisition and compensation will be completed through the coordination of related organizations. The specific process is as follows: 61 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 1. The project design department in GASCO provides a detailed map on land acquisition scope to identify the land acquisition scope and area. 2. Agricultural Directorate to develop the price lists of different types of crops. 3. Preliminary assessment by GASCO team to evaluate the needed lands in cooperation with the Agricultural Associations, 4. Preparation of the RAP and its addendum for each segment 5. Approval from the WB on the RAP/ addendum for the selected segment 6. Delivery of compensation payment. 7. Complete legal procedures for land acquisition 8. Project officially acquires the land. 5.6.2 Time Schedule and the Cut-off Date Due to the political situation resulted after the 25th of January Revolution, the time plan is still in progress. However, the potential commencement date allocated for construction the beginning of March. Following is the time plan that will be applied after approval and disbursing of fund. It is important to note that the project schedule will start with a cutoff date. Due to the segmentation of the route, this time plan will be applicable per each segment. Approval from the World Bank should not exceed one week in order to avoid any potential problems During this stage GASCO made a preliminary cost estimate for the project affected lands, the determinants of this estimate were:  land size  type of crop or tree  the prices mentioned by the Agricultural Directorates 62 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 Table 11: Time Plan Activity Time plan Week Before 8 7 6 5 4 3 2 1 During construc Constru tion ction Informing the agriculture Accomplis directorates and the hed governorate about the project Receiving price lists for Accomplis compensation hed Obtain all permits Accomplis hed Baseline investigation on the affected people for each segment Consultation with farmers and grievances Developing of resettlement and rehabilitation plan Submit the addendum RAP to the WB WB reviews the addendum Receiving the addendum RAP from the bank Disbursing money Paying the compensation Documentation of additional Grievances recipients and responses Documentation of operation and efficiency assessment of the RAP; Quartely reports to be developed Training to be provided to GASCO team 5.6.3 Estimation of Total Temporarily Land Acquisition Cost The total cost estimated was about 35,092,012 million EGP. 5.6.4 Impact Compensation Expenses Impact compensation expenses refer to compensations to be paid directly to the affected persons, which include temporary land use compensation and compensation for sporadic trees. The census showed that the potential impacts will be as follow: 63 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013  The majority will be impact on the crops and vegetation  Temporary impact on the assets (irrigation nets, irrigation ditches, barns)  Temporary impacts on empty lands  No impacts on permanent nature Following are the estimated amount of money needed to compensate the affected people, along with other costs associated with RAP (site supervision, monitoring RAP implementation by client, etc.). Luckily GASCO has formed the Compensation Committee (CC) during February 2013. The member in charge for calculating the compensation within the CC4 reviewed the inventory of the PAPs and the estimated budget allocated for compensation. There was a common acceptance to the methodology of the study and the valuation of affected crops and assets. Regarding the trees valuation he noted that the trees compensation should be calculated based on the nature of tree whether it is fruitful or not. This was revisited by the study team in order to verify the nature of affected trees. That process has an impact on the estimated budget for trees particularly in Behira Governorate where banana trees are the prevailed type. The following budget reflect the estimated prices per crop, trees, assets, valve rooms and monitoring activities. Pico Company has a separate calculation for compensation as its boundaries expands along 3.5 km on the Gas Pipeline, as well, they have unique trees and assets should be calculated as separate items. Table 12: Total cost and budget in EGP Behira Menoufia Giza Qalubia Total Total crops price 954,590 279,757 141,000 346,163 1,721,510 Total trees price 5,528,911 13,652,600 3,614,500 409,975 23,205,986 Total assets price 300,291 12,925 1,300 0 314,516 Total price 6,783,792 13,945,282 3,756,800 756,138 25,242,012 Pico company 1,000,000 Purchasing lands 8,800,000 Monitoring 50000 Total 35,092,012 5.6.5 Fund Flow and Payment Plan GASCO is careful about securing the compensation before the implementation of any compensation activities in order to: 1) have the compensation paid on to the PAP in his own land/ land; 2) facilitate work through avoiding tiring red tape. Paying the money to the farmers raises their satisfaction and enhances their openeess to the project. The main objective of having the full 4 Eng. Ahmed Hosam the Technical Manager 64 Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Final Report March 2013 estimated budget of compensation before setting off the construction is to facilitate the compensation process, in addition to facilitate the auditing required by Law. GASCO is the sole entity to provide the monetary compensation for the PAPs. The budget allocated for compensation is integrated in GASCO main budget as a sub-item under project budget. The head of compensation committee receives a full amount of money after developing the census of the PAPs in a certain areas. After disbursing the compensation and paying it to the PAPs, the head of compensation committee should provide the needed settlement documents to the financial department GASCO as the whole process will be audited by the Central Auditing Organization 65