GOVERNMENT OF THE REPUBLIC OF LIBERIA MINISTRY OF AGRICULTURE RURAL ECONOMIC TRANSFORMATION PROJECT -RETRAP Project ID No.: P175263 FINAL Resettlement Policy Framework - RPF APRIL 2021 i|Page TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................................................... ii LIST OF ACRONYMS ..................................................................................................................................................... vi DEFINITIONS CONCEPTS/TERMS ............................................................................................................................ vii EXECUTIVE SUMMARY ............................................................................................................................................... xi CHAPTER ONE: INTRODUCTION ............................................................................................................................... 1 Project Description ......................................................................................................................................................... 3 Project Components ...................................................................................................................................................... 3 Project Beneficiaries And Target Value Chains ............................................................................................................... 7 Description Of Project Components For Which Land Acquisition And Resettlement Are Requied. .............................. 7 Rationale For Preparing The RPF .................................................................................................................................... 9 CHAPTER TWO: PRINCIPLES, AND OBJECTIVES GOVERNING RESETTLEMNT ...................................... 12 CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS ................. 15 Screening, Preparing and Approving Resettlement Plans .............................................................................................. 15 Sub-project Social Impacts Assessment ......................................................................................................................... 15 Determining ESS5 Applicability .................................................................................................................................... 15 RAP Preparation ............................................................................................................................................................. 16 RAP Approval/Clearance/Disclosure ............................................................................................................................. 18 Disclosure ....................................................................................................................................................................... 19 CHAPTER FOUR: ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES ..................................... 20 Identification Of Affected Persons And Individuals ...................................................................................................... 20 Eligibility Classification ................................................................................................................................................. 20 Identification Of Unit Of Entitlement Under The Project .............................................................................................. 21 Cut-Off Date ................................................................................................................................................................... 21 Speculative Structures .................................................................................................................................................... 22 Vulnerable Groups ......................................................................................................................................................... 22 Entitlement Matrix ......................................................................................................................................................... 23 ii | P a g e CHAPTER FIVE: NATIONAL LEGAL AND INSTITUTIONAL FRAMEWORK ................................................. 30 Legal Framework ............................................................................................................................................................ 31 Institutional Framework For Implementation Of Resettlement Action Plans ................................................................ 35 World Bank Environmental And Social Framework...................................................................................................... 41 CHAPTER SIX: DESCRIPTION OF ENVIRONMENTAL, SOCIO-ECONOMIC CONDITIONS AND BASELINE CONDITIONS ............................................................................................................................................. 47 Environmental Conditions .............................................................................................................................................. 48 Socio-Economic Baseline............................................................................................................................................... 50 CHAPTER SEVEN: VALUATION METHODS ........................................................................................................... 65 Responsibility And Valuation Methods ......................................................................................................................... 65 Valuation Principles ....................................................................................................................................................... 65 Replacement Cost Approach .......................................................................................................................................... 67 Valuation And Compensation Of Crops And Trees ....................................................................................................... 68 Valuation of Residential And Commercial Buildings And Structures ........................................................................... 69 Valuation And Compensation of Agricultural Land ...................................................................................................... 70 Valuation And Compensation Of Urban Land ............................................................................................................... 71 Valuation For Easements................................................................................................................................................ 71 Valuation And Compensation Of Loss For Economic Activities ................................................................................... 71 Disturbance And Transportation Allowances ................................................................................................................. 71 Determination of Compensation Payments .................................................................................................................... 72 CHAPTER EIGHT: GRIEVANCE REDRESS MECHANISM .................................................................................. 76 General Grievance/Disputes Anticipated ....................................................................................................................... 76 Objectives Of The Grievance Redress Mechanism ........................................................................................................ 76 Scope Of The Grievance Redress Mechanism ............................................................................................................... 77 Levels Of The GRM ....................................................................................................................................................... 77 Monitoring And Evaluation Grievance Redress Mechanisms ........................................................................................ 82 CHAPTER NINE: INSTITUTIONAL ARRANGEMENT AND COORDINATION ................................................ 84 CHAPTER TEN: PUBLIC CONSULTATIONS AND PARTICIPATION ................................................................ 89 Objectives Of Consultations ........................................................................................................................................... 92 iii | P a g e Consultation Phases ........................................................................................................................................................ 92 CHAPTER ELEVEN: RPF BUDGET ............................................................................................................................ 96 Estimated costs for RAP preparation.............................................................................................................................. 97 CHAPTER TWELVE: MONITORING AND EVALUATION ................................................................................... 99 Objectives And Approach .............................................................................................................................................. 99 Indicators to Measure RAP Performance.................................................................................................................. 101 REFERENCES ............................................................................................................................................................... 105 LIST OF ANNEXES....................................................................................................................................................... 106 Annex 1: Annotated Outline For Preparing RAP ........................................................................................................ 106 Annex 2: Stakeholders consulted ................................................................................................................................. 110 Annex 3: Pertinent Issues Raised From Stakeholder Consultations For The Preparation Of The RPF........................ 110 Annex 4: Sample Grievance And Resolution Form ..................................................................................................... 112 Annex 5: Grievance Close Out Form ........................................................................................................................... 114 Annex 6: Minutes Of Stakeholders .............................................................................................................................. 115 LIST OF TABLES Table 1: Entitlement Matrix ................................................................................................................. 25 Table 2:Comparison between Land Law in Liberia and World Bank ESS-5 and gap filling measures .............................................................................................................................................................. 44 Table 3: Population and Sex Ratio for the Targeted eleven (11) counties .......................................... 50 Table 4: Poverty levels by County ....................................................................................................... 54 Table 5:Distribution of Household Sizes in Liberia by Region ........................................................... 55 Table 6:Distribution of Household Sizes in Liberia by County .......................................................... 55 Table 7:Distribution of land tenure by County (percent of farms) ...................................................... 56 Table 8:Percent distribution of people who visited a PHCP and stayed hospitalized by age groups .. 59 Table 9:Percent distribution of primary health care provider by stratum and consumption quintile .. 59 Table 10: Percent distribution of primary health care provider by region ........................................... 60 Table 11: Education ............................................................................................................................. 61 iv | P a g e Table 12: Percent distribution of main source of electricity for the household by location and gender .............................................................................................................................................................. 62 Table 13: Household non-farm business characteristics ...................................................................... 63 Table 14: Real Estate Valuation Guide ................................................................................................ 70 Table 15:Forms of compensation......................................................................................................... 73 Table 16:Suggested Time Frame for Grievance Redress .................................................................... 81 Table 17:: GRM Monitoring Indicators ............................................................................................... 83 Table 18:Summary of institutional Roles and Responsibilities in Resettlement Activities ................ 84 Table 19:Indicative RPF Budget for RETRAP .................................................................................... 96 Table 20:Indicative RAP budget .......................................................................................................... 97 Table 21:RAP Monitoring Indicators ................................................................................................ 102 LIST OF FIGURES Figure 1: Map of Liberia showing counties and administrative set up ................................................ 48 Figure 2:West African monsoon (Encyclopedia Britannica Online Accessed 19 April 2021 ............. 49 Figure 3:Population by Region ............................................................................................................ 51 Figure 4: Absolute Poverty by County ................................................................................................ 53 Figure 5: Informal employment ........................................................................................................... 63 Figure 6: GRM procedures .................................................................................................................. 80 v|Page LIST OF ACRONYMS CARI Central Agricultural Research Institute CERC Contingency Emergency Response Component CSA Climate Smart Agriculture CSOs Civil Society Organizations DRDRE Department of Regional Development, Research and Extension EPA Environment Protection Agency ESMF Environmental and Social Management Framework ESF Environmental and Social Framework ESMP Environmental and Social Management Plan ESS Environment and Social Standards FBOs Farmer Based Organizations FGD Focus Group Discussion GO Grievance Officer GoL Government of Liberia GRM Grievance Redress Mechanism IFC International Finance Corporation LACF Liberia Agriculture Commercialization Fund M&E Monitoring and Evaluation MEP Monitoring and Evaluation Plan MFDP Ministry of Finance and Development Planning MoA Ministry of Agriculture MOI Ministry of Commerce and Industry MPW Ministry of Public Works NSL National Standard Laboratory PAP Project Affected person PAPD Pro-Poor Agenda for Prosperity and Development PDO Project Development Objective PMU Project Management Unit PPD Public-Private Dialogue RAP Resettlement Action Plan RETRAP Rural Economic Transformation Project RPF Resettlement Policy Framework SMEs Small and Medium Enterprises STAR-P Smallholders Transformation Agriculture Revitalization Project ToRs Terms of Reference vi | P a g e DEFINITIONS CONCEPTS/TERMS Asset: Any property owned by a person, group of persons or an institution/ agency. Census: Means a field survey carried out to identify and determine the number of persons affected by the project activities or displaced to leave land for civil works. The census provides basic information needed to determine the appropriate resettlement option including compensation. It is also a survey of all Project affected assets and income etc., lost emanating from consultations with affected persons or communities. Community: A group of individuals broader than the household, who identify themselves as a common unit due to recognized social, religious, economic, or traditional government ties, or through a shared locality. Compensation: Means the payment in kind, cash or other assets given to a displaced person in exchange for the acquisition of land including activities; It also includes all compensation paid for loss of assets, infrastructure, livelihood, and income. Cost of disturbance: The reasonable expenses incidental to any necessary change of residence or place of business by any person having a right or interest in the land. This can either be determined and paid separately or factored into the valuation rate to be applied. Cut-off date: The date of commencement of the census of persons affected by the project within the project area. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. Displacement: Dispossessing someone of their land or part of their land so as to utilize the same for civil works. The affected person is required to relocate. Displaced Persons: People or entities directly affected by a project through the loss of land and the resulting loss of residences, other structures, businesses, or other assets. 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. vii | P a g e Eligibility The criteria for qualification to receive benefits under a resettlement program. Entitlements: The benefits set out in the resettlement instrument (RPF, RAP), including financial compensation; the right to participate in livelihood restoration programs; housing, house sites and service provision; and, transport and other short-term assistance required to resettle or relocate. Full Replacement Cost: The method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs associated with asset replacement. In applying this method of valuation, depreciation of structures and assets are not be taken into account. Grievance Procedures: The processes established under law, local regulations, or administrative decision to enable property owners and other affected and/or displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement. Involuntary Resettlement: Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Land Acquisition: This refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: (a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; (b) repossession of public land that is used or occupied by individuals or households; and (c) project impacts that result in land being submerged or otherwise rendered unusable or inaccessible. “Land� includes anything growing on or permanently affixed to land, such as crops, buildings and other improvements, and appurtenant water bodies. Livelihood: This refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource-based livelihoods, petty trade, and bartering. Market Value: the sum of money which the land might have been expected to realize if sold in the open market by a willing seller or to a willing buyer viii | P a g e Physical Displacement: Loss of shelter and assets resulting from land acquisition or restrictions on land use associated with the project, requiring affected persons to move to other locations. Population Census: A count of the population that will be affected by land acquisition and related impacts. When properly conducted, the population census provides information necessary for determining eligibility for compensation. Project-Affected Area: The area subject to a change in use as a result of construction and operation of the road. Project-Affected Households (PAH): A PAH is a household that includes one or several project-affected persons and usually comprises of a head of household, their spouses, children, and other dependents (e.g., parents, grandchildren). Project-Affected Person (PAP): Any person who, as a result of the implementation of the project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected people might be displaced either physically (“Physically Displaced People�) or economically (“Economically Displaced People�). It includes all affected persons with and without title to the land they occupy. Land Acquisition: The repossession of or alienation of land, buildings, or other assets there on for purpose of making Land available for project activities. Relocation: A process through which physically displaced individuals or households or communities are provided with a one-time lump sum compensation payment for their existing residential structures and move from the Project Area. Resettlement Assistance: Measures to ensure that displaced persons who require to be physically relocated are assisted with resettlement plans, materials and means whichever is applicable for ease of relocating and restoration of livelihoods. Resettlement Policy Framework (RPF): An instrument prepared to guide resolution of displacement arising from project activities. It sets out the compensation policy and resettlement arrangements to address ix | P a g e the needs of the affected persons to ensure that their livelihoods are restored to pre-project levels or better. It provides guidelines to prepare the mitigation plans. Resettlement Action Plans (RAPs): A resettlement instrument to prepare when the location(s) of civil works are identified. RAPs contain specific and binding provisions to resettle and/or compensate the affected persons before implementation of the activities. Resettlement: A process through which physically displaced persons are provided with replacement plots and residential structures at a designated site. Resettlement includes initiatives to restore and improve the living standards of those being resettled. Stakeholders: A broad term that covers all parties affected by or interested in a project or a specific issue—in other words, all parties who have a stake in the project. Primary stakeholders are those most directly affected—in resettlement situations, the population that loses property or income because of the project. Other people who have interest in the project such as the UNRA itself, beneficiaries of the project (e.g., road users), etc. are termed secondary stakeholders. Vulnerable Groups: People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. x|Page EXECUTIVE SUMMARY The Government of Liberia, through the Ministry of Agriculture, is seeking funding from the World Bank towards the implementation of the Rural Economic Transformation Project (RETRAP). The Project seeks to increase income of rural poor households through sustainable agricultural livelihood enhancements and improved rural access and agricultural marketing infrastructure services. As its primary focus, the project will support the value chains of cassava, Rubber, Poultry, Piggery and Vegetables. The project will be implemented in 11 of the 15 counties over a period of five years. The project development objective is to improve productivity and market access for small holder farmers and agri-enterprises for selected value chains in project participating counties. The project has the following components: • Component 1: Improving the Enabling Environment for Agribusiness Development (IDA US$6million): This component will improve the enabling environment for agribusiness development in Liberia. This objective will be achieved through the following interventions: (i) building the capacity of public agribusiness services to deliver quality services to private investors, including smallholder farmers; (ii) enhancing value chain coordination and public- private dialogue; and (iii) supporting agricultural research and development (R&D) and extension. The project has three sub-components. • Component 2: Enhancing Competitiveness and Market Access through Productive Alliances ( US$16.5 MILLION: IDA US$12.5 MILLION AND BENEFICIARIES US$4.0 MILLION)):The objective of this component is to support smallholders and commercially oriented farmers to improve their capacity to operate competitively in selected value chains and have strengthened and more reliable linkages with buyers. It has two subcomponents. • Component 3: Agro-Marketing and Infrastructure Investments (IDA US$31.5 million): The objective of this component is to improve access to markets through the rehabilitation of existing roads, construction of short-span critical cross-drainage structures, and improvement of agro-logistics centres. The component is designed to improve infrastructure along major corridors to unlock productivity in the agriculture sector and provide logistics support to the private sector. The component is linked and in support of a bigger national road transportation agenda of Government of Liberia, aimed at reducing transportation costs, improve communications and making agriculture viable in Liberia. The project has two subcomponents. • Component 4. Project Coordination and Management and Contingency Emergency Response (IDA US$5 million): The aim of this component is twofold: (i) establishing appropriate coordination, Monitoring and Evaluation (M&E), and communication regarding Project implementation; and (ii) ensuring that GoL is better equipped to respond to crises and emergencies. It has two subcomponents. Components 2 and 3 of the project’s poses social risks. Activities to be financed under subcomponents 2.2, 3.1 and 3.2 are likely to entail land acquisitions and livelihood disturbances. Activities under subcomponent 2.2 will finance civil works (for example, development of lowlands; clearing bushland; building post-harvest, storage, and processing facilities and small-scale, efficient irrigation systems). Activities under subcomponent 3.1 will finance rehabilitation of a 40km section of the 112km long Tappita - Zwedru Road is likely to impact people along the RoW. Subcomponent 3.2 will finance the xi | P a g e modernization of selected existing agri-markets in rural areas; including the construction of: (i) a number of open market sheds and small storage and processing facilities; and (ii) basic market infrastructure such as internal market pathways, drainage infrastructure, and water and sanitation facilities, as well as selected facilities for specialized handling of agricultural produce. The three subcomponents are expected to include private land acquisition, affecting both title holders and non- title holders, Common Property Resources, both public and private, residential, and commercial structures and privately owned trees. Physical and economic displacement may also affect production systems, income sources and productive assets, reduce access to employment opportunities in a new socio-economic environment, etc.; resulting in short-term hardship, of which the resettlement is going to address with appropriate mitigating measures. At this stage of the project preparation, the exact locations of subcomponents 2.2 and 3.2 are not known and major land acquisitions are not expected. On the other hand, subcomponent 3.1 corridor of impact is known. The RAP for the 40km has been prepared to address the identified impacts on people and livelihoods. The likely of additional land requirements of the road that may result because of road realignments and detours are yet to be determined. There are also likely contextual and project specific social risks that needs to be contained and closely watched. Gender equity and inequality, Sexual Exploitation and Abuse and Sexual Harassment, likely security issues, potential conflicts, political interest, winner and looser, COVID- 19 and other public health and poverty dynamics will likely pose challenges while preparing and implementing the Project. Contextual and project specific risks will be mitigated, and their impacts are manageable. This RPF is prepared to clarify resettlement principles, mitigation measures, and organizational arrangements and design criteria to be applied for the preparation and implementation of Resettlement Action Plans (RAP). Once specific subprojects’ impact locations for subcomponent s 2.2 and 3.2 and realignments and detours requirements for subcomponent 3.1 are known, the RPF will guide the preparation and implementation of social impacts mitigations measures. Once the specific impact locations/corridors are known, the process for preparing and approval resettlement action plans will start. Screening exercises to identify resettlement impacts on people and communities will be carried out. The outcome of the screening exercise will provide inputs to the RAP. Subprojects’ RAPs, once approved by the Bank, will be implemented by the relevant implementing agencies. If subproject activities impose restrictions of access to legally designated parks or protected areas, the Project will submit a Process Framework (PF) as a condition for the subproject approval. The RAP/PF shall be approved by the World Bank, prior to disclosure and implementation. Following identification of specific subprojects areas, Social Impact Assessment (SIA) will be carried out as required under ESS 1 to establish site specific socioeconomic baseline data. The SIA will strengthen the information collected during the initial stage of the project preparation and the baseline gathered by the SIA will be used to measure socioeconomic contributions of the project on livelihoods of the rural poor households in the project intervention areas – particularly in the eleven targeted Agri-value chain counties. Overall, the project seeks to increase income of rural poor households through sustainable agricultural livelihood enhancements and improved rural access and agricultural marketing infrastructure services. The main beneficiaries of the project will be small and medium-sized agricultural producers and agri-entrepreneurs (private agribusiness investors, cooperatives and micro, small and medium enterprises processing or providing other services to agri-food systems) who are xii | P a g e engaged in selected value chains. Within this group, the project will give priority to women who are heavily engaged in food crop production, processing, and marketing, as well as young people who are active in various segments of the value chain. While the objective of providing compensation and resettlement assistances to PAPs is to mitigate adverse social and economic impacts, the criteria for determining eligibility for entitlement covers: a) persons that have formal legal rights to land, including customary and traditional; and religious land rights recognized under the laws of Liberia. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations, b) persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim of use to such land or ownership of assets through the national and traditional laws of Liberia. This class of people includes those that come from outside the country and have been given land by the local dignitaries to settle, and/or to occupy and, c) Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes encroachers and illegal occupants/squatters. Persons covered under (a) and (b) above are provided compensation for loss of land and assets and other assistance as needed. Persons covered under (c) above are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to the cut-off date. The cut-off date of each subproject shall be the date of the commencement of the census survey of persons affected by the project within the project area. Therefore, no structure or other development established in the project-affected area after the cut-off date will be eligible for compensation. The respective subprojects’ RAPs will include differentiated provisions to assist vulnerable people. These are people who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. These categories of vulnerable groups will be given special assistances or treatments during project preparation, consultations and in the benefit sharing of the project. The relevant legal and administrative framework of Liberia regarding compulsory land acquisition and involuntary resettlement as well as the Bank’s ESF and the relevant ESSs will apply to the projec t. Compassions and analysis of the Liberia legal framework and the ESS5 indicated that there are gaps between the national legal framework on land and resettlement and the ESS5 objectives and requirements. To address gaps identified through the analysis, the GoL agreed and will be required to fully comply and implement each gap filling measures when preparing and implementing RAPs and will take supplementary measures to ensure that the project complies with objectives and requirements set in EES5. The general principles of “full replacement cost� will be followed in the valuation of affected properties and depreciation of structures and assets would not be considered. The project will make “prompt compensation payments� for affected assets and means of livelihoods as required by the ESS5. Compensations and resettlement assistances will be sufficient to support PAPs to restore their livelihoods to pre-project level or better and the PAPs should not be worse-off than pre-project conditions. The project will provide a means to resolving disputes in efferent manner. It has already reactivated existing GRM in project intervention areas to handle issues that might arise as a result of its activities. The objectives of the GRM and its process are to: i) provide affected people with an inclusive and accessible grievance redress avenues for registering their complaint or resolving any dispute that may arise during the course of the implementation of RETRAP activities or projects, ii) xiii | P a g e ensure that appropriate and mutually acceptable redress actions are identified and implemented to the satisfaction of complainants and, iii) avoid the need to resort to expensive and time-consuming judicial proceedings. The project has mechanism to coordinate institutions that will be involved in the preparation and implementations of RAPs. The key players in carrying out resettlement and/or compensation under the RETRAP project include; the Ministry of Agriculture under PMU, Ministry of Public Works, Ministry of Finance and Development Planning, LLA, (the regulatory lead agency for property valuation, compensation and land rights registration and transfer), the county and districts local authority with particular reference to Agriculture, county superintendents. Other institutions, such as the District Lands Commissioner and the District Valuation Office, will participate in the RAP implementation as cross-cutting units between the key institutions. The preparation and implementation RAP for subproject activities will be under the overall guidance of the Ministry of Agriculture under PMU and Ministry of Public Work-Infrastructure Implementation Unit Implementation responsibilities are detailed in this RPF. Capacity building to improve safeguard performance and to ensure effective of coordination at the national and subnational level will be supported and undertake.. The project has consulted various stakeholders during preparation phases, and it is planning to continue its engagement throughout the project cycle. Preliminary stakeholders’ feedback indicated strong support for the project. The project-affected persons under the RETRAP activities will be consulted and will be involved in all resettlement activities: planning, implementation, and monitoring. The project will ensure that public consultations are inclusive in nature and include all stakeholders affected by the project interventions including men, women, native tribes, and other vulnerable groups to ensure that consultations are meaningful. The GoL committed to provide an estimated amount of Five Hundred and Forty-Two Thousand United Stated Dollars (US$ 542,000.00) to finance RPF and subsequent RAP implementation cost for subcomponent 2.2 and 3.2. During implementation, when RAPs are prepared, the RAP amount will be deposited in the RAP designated account six months prior to mobilization of contractors to the subproject site. The total RPF and RAP implementation cost will be reflected in the overall project costs. The MoA and MPW will not mobilize contractors without completing payments to 95% of the PAPs, without submitting to the Bank compensation and resettlement assistance payments completion reports and, without obtaining the Bank’s clearance. The PMU under Ministry of Agriculture shall disclose this RPF and other relevant safeguard’s instruments on its website (https://www.moa.gov.lr/), print media, public libraries and all institutions where RETRAP activities will be implemented. The RPF and any subsequent RAPs prepared for the project specific activities shall be cleared and be disclosed by MOA and World Bank’s external website. The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on the following two components: i) internal monitoring – undertaken by the Monitoring Officer within MoA and, ii) external evaluations – undertaken by an external agency e.g. independent entity/consultant The RPF monitoring plan indicates parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. here possible, data will be disaggregated and reported by gender, youth, people with xiv | P a g e disabilities and other disadvantaged groups. MOA and MPW are responsible for monitoring RAP(s) implementation. xv | P a g e CHAPTER ONE: INTRODUCTION Agriculture is the foundation of Liberia’s economy and key to food security. Agricultural production constitutes the most important livelihood for the average Liberian, involving more than 70 percent of the population. Majority of farmers grow cereals/staples, including rice (64 percent) and cassava (60 percent), followed by a variety of vegetables, such as a peppers (50 percent), bitter balls (44 percent), okra and green leaves (30 percent). Most of these famers cultivate an average of 0.7 hectares under rain-fed conditions generating small marketable surpluses. Tree crops, especially rubber, oil palm, cocoa, and coffee, make an important cash crops to smallholder farmers and contribute significantly to the economy. Rubber is the most important cash crop in Liberia and accounts for almost 65 percent of total export earnings1. The Government of Liberia (GoL) considers agricultural growth to be critical for reducing poverty. The GoL has developed a five-year National Development Plan referred to as the Pro-Poor Agenda for Prosperity and Development (PAPD) and has identified eight priority value chains requiring support under the PAPD 2018–23. These include rice, oil palm, horticulture, cocoa, rubber, cassava, poultry, and pig husbandry. Liberia’s agriculture is characterized by a diversified structure of production. Forest -based and tree crop farming systems cover the largest proportion of the land area in Liberia. They include tree crop- based systems in which vegetables and other food crops are produced on a minor scale, mostly in the central belt of the country; root crop-based systems (with cereals) concentrated in the northern region; and fishing and land-based mixed cropping enterprises along the coastal belt. Liberia’s agricultural productivity has been lagging. The long-lasting conflicts in Liberia have destroyed agricultural capital and disrupted food production, further compounding structural impediments and past policy failures. Because of low productivity, most of the population in rural areas is trapped into poverty. According to the Liberian household survey (2016), close to 80 percent of households headed by a self-employed person in agriculture are poor. The sector is poorly integrated to the rest of the economy and lacks basic infrastructure such as machinery, farming equipment/tools, farm-to-market roads, food storage capacity, and more importantly quality inputs such as certified seed. Poor road infrastructure has significantly hindered the growth of the agricultural sector. Farmers’ ability to access valuable markets and improved inputs to increase production is limited by the poor 1 Rubber production increased from 46,819 mt in 2018 to 65,743 mt in 2019 (40.4 percent. Annual Report, CBL, 2019. 1|Page quality of the country’s network of roads. During the May–September rainy season, movement from rural areas is significantly restrained due to heavy rainfall, especially in lowland swamp areas. As a result, smallholders tend to sell produce in local markets where prices are relatively lower. Despite the government’s current initiative to rehabilitate main roadways and some key feeder roads in productive areas, more work is needed to improve road and bridge infrastructure in remote rural areas. Women are major players in the agriculture sector, although facing substantial gender inequalities. They comprise approximately 60 percent of the rural agricultural labor force and carry out 80 percent of agricultural activities throughout the planting season, including land clearing, planting, harvesting, and marketing. Although they play a dominant role in agricultural production, few women are able to own land, access loans, or control the income they earn from their labor. These bottlenecks are restricting women to operating at subsistence levels and limit their upward mobility along agri-food value chains including weaker influence in the marketplace, limited access to credit, significant disadvantages in accessing land use rights because of unclear land rights, cultural norms and the inability to pay cooperative membership fees to use cooperative land or lease land due to high cost. GoL recognizes that transformation is required in the food and agriculture sector to maximize its contribution to economic growth and poverty reduction. Within the framework of its Pro-Poor Agenda for Prosperity and Development, the GoL is focusing on three fundamental issues: (i) improved national food and nutrition security with the objective to increase food availability and production in order to spur local economic development and food security; (ii) enhanced agricultural productivity, competitiveness, and linkages to markets; focusing on strengthening efficiency, promoting innovation, fostering sustainability, and leveraging opportunities in national and external markets; broadening and strengthen private sector participation; increasing public investments (mainly in rural infrastructure); and creating an enabling macroeconomic environment; and (iii) strengthened human and institutional capacities with the thrust to establish effective and efficient public sector frameworks in agricultural planning and coordination; reduce risks and improve coping mechanisms; mainstream gender and youth in agriculture and rural development and ensure sustainable use of natural resources. The Government of Liberia, through the Ministry of Agriculture, is therefore seeking funding support from the World Bank, towards the implementation of the Rural Economic Transformation Project (RETRAP). The Project seeks to increase income of rural poor households through sustainable agricultural livelihood enhancements and improved rural access and agricultural marketing infrastructure services. As its focus, the project will support the value chains of cassava, Rubber, Poultry, Piggery and Vegetables. The project will be implemented in 11 of the 15 counties over a period of five years. The counties are i) Bong county which is located in the north-central region, ii) Grand Kru and Maryland counties which are located in the southeastern region, iii) Nimba county which is located northeastern region, iv) Grand Bassa county which is located in the west-central region, v) Margibi county which is located in the south-central region, vi) Montserrado County which is located in the southern region, vii) Sinoe county which is located in the South 2|Page Eastern region and viii) Bomi and Grand Cape Mount counties which are located in the northwestern region of Liberia. Project Description Project Development Objective: The project development objective is to “improve productivity and market access for small holder farmers and agri-enterprises for selected value chains in project participating counties�. Project Components The project will have the following components: Component 1: Improving the Enabling Environment for Agribusiness Development Component 2: Enhancing Competitiveness and Market Access through Productive Alliances Component 3: Agro-Marketing and Infrastructure Investments Component 4: Project Coordination and Management and Contingency Emergency Response Component 1: Improving the Enabling Environment, Strengthening Producer Organizations and Enhancing Agribusiness Development (IDA US$6million). The objective of Component 1 is to improve the enabling environment for agribusiness development in Liberia. This objective will be achieved through the following interventions: (i) building the capacity of public agribusiness services to deliver quality services to private investors, including smallholder farmers; (ii) enhancing value chain coordination and public-private dialogue; and (iii) supporting agricultural research and development (R&D) and extension. This component will finance specialized technical assistance, training, works, goods, consulting, and non-consulting services. Subcomponent 1.1: Improving public agribusiness services. This intervention aims at enhancing the capacity of selected public services that are critical for enabling agribusiness, principally within MoA and the Cooperative Development Agency (CDA). The project will undertake a functional review of these entities and recommend/implement appropriate solutions for improving the quality of their agribusiness services. The focus will be on strategies and solutions for: (i) enhancing entrepreneurship development in agribusiness and promoting private investments in the sector (with a focus on women and youth entrepreneurship); in particular the project will support key activities towards the functioning of an Agribusiness Growth Delivery Unit (AGDU) that is being established as an agribusiness strategy incubator and strategic advisory arm of MoA; (ii) improving governance and partnerships across the selected value chains, and collaboration among agribusiness development programs/projects in the country; and (iii) enhancing the resilience of the food system through the dissemination of climate-smart practices. Subcomponent 1.2: Enhancing value chain coordination and public-private dialogue. For targeted value-chains, the Project will: (i) conduct a stakeholder mapping exercise as the basis to put in place a representative and inclusive Private Public Dialogue (PPD) mechanism; this mapping will also considers climate change actors/agencies which would benefit from a focused trained on impacts of climate change on value-changes and mitigation/adaptive measures; (ii) support the 3|Page establishment and operation of this mechanism, including training of main stakeholders on its effective use to improve the performance of the value-chains; and (iii) support increased consultations among the value chain stakeholders, through inter alia regular forums to discuss the various constraints of their sub-sectors, review and update the government strategies, develop a shared vision and harmonized approach to minimize potential conflict, devise mechanisms for coordinating donor assistance and creating an enabling environment for private and public investments. Under this intervention, the project will also finance capacity-building for FBOs involved in targeted value-chains. Subcomponent 1.3: Support to agricultural R&D and extension. The Project will strengthen the capacities of the Department of Regional Development, Research and Extension (DRDRE) of the MoA to carry out its mandates. Support will be provided to: (i) facilitate linkages between extension and research system through information sharing and production of joint periodic bulletin; a main focus would be on climate-smart practices and technologies; (ii) promote the use of e-extension services; (iii) integrate the delivery of nutritional information into the extension advice package; (iv) train County Level Facilitators (CLF) on extension guidelines; these guidelines will incorporate climate change related risks and impacts on agriculture and ways to address them; (v) develop or introduce and adapt climate-smart technologies and practices to enhance resilience at county level; and (vi) strengthen seed multiplication capacity (improved and drought-resistant seeds). In addition, the project will support the Central Agricultural Research Institute - Soil and Crop Laboratory (CARI), and National Standards Laboratory of Liberia (NSL) to identify and implement specific demand-driven knowledge and innovative research and testing equipment. Component 2: Enhancing Competitiveness and Market Access through Productive Alliances (IDA US$12.5 million). The objective of this component is to support smallholders and commercially oriented farmers to improve their capacity to operate competitively in selected value chains and have strengthened and more reliable linkages with buyers. Productive Alliance (PA), a globally recognized approach to enhancing farmer market access, involves three core agents: a group of smallholder producers, one or more buyers, and the public sector. These three agents are connected through a business proposition (“business plan�), which describes the capital and services needs of the producers and proposes improvements that would allow them to upgrade their production capacities and skills to strengthen their linkage with the market, i.e. the buyer(s). Subcomponent 2.1: Pre-Investment Activities (IDA US$2 million). This subcomponent will support pre-investment activities to: (i) promote the project concept and increase outreach to potential Farmer-Based Organizations (FBO) and member beneficiaries, commercial partners, and private financing entities, as well as identify productive alliances among FBOs, agri-enterprises, processors and commercial partners; (ii) identify potential business opportunities for the productive alliances; (iii) prepare business plans and proposals for Investment Subprojects reflecting the identified opportunities; (iv) build capacity among technical service providers to enhance the quality of the services provided to the productive alliances; (v) support project-related studies to promote specific, prioritized value chains and evaluate the potential for investments contributing to climate change mitigation and resilience and to the economic inclusion of otherwise marginalized groups. Key climate change adaptation/mitigation measures will be promoted for adoption in these business plans, including: (i) use of climate-resilient seed varieties; (ii) investment in infrastructure and techniques for retaining soil nutrients and preventing soil erosion; (iii) improved water management 4|Page in the context of warming weather systems; (iv) the use of flood-resilient production design; and (v) the adoption of efficient pest- and disease-management methods and technologies. Subcomponent 2.2: Investment Subprojects Supporting Productive Alliances (IDA US$10.5 million). This subcomponent aims at supporting improving smallholders’ capacity to increase competitiveness, thus allowing them to meet market demands and establishing sustainable linkage with buyers and effectively integrate in the targeted value chains. Under this component, the project will finance matching grants for smallholder farmers organizations (FBOs), agribusinesses, processors, aggregators, and other participating partners, to contribute to the costs of implementing investment Subprojects. The Liberian Agriculture Commercialization Fund (LACF) is a special designated account under the existing PIU, managed by an independent fund manager, and will be the instrument to handle the funds for these matching grants. Eligible expenditure under these Subprojects (under all windows) include: (i) civil works (for example, lowland rehabilitation; clearing of bushland; construction of post-harvest, storage, and processing facilities; and small-scale, efficient irrigation systems); (ii) goods, such as productive equipment (for example, farm machinery, processing equipment, storage units, and transport vehicles); (iii) incremental working capital (for example, for improved inputs); (iv) technical assistance and business advisory services supporting the implementation of the subprojects and enhancing organizations’ administrative and managerial capacities. Component 3: Agro-logistics and Infrastructure Investments (IDA US$31.5 million). The objective of this component is to improve access to markets through the rehabilitation of existing roads, construction of short-span critical cross-drainage structures, and modernization of selected agri-markets. The component is designed to improve infrastructure along a major corridor (Tappita–Zwedru road) 2 to unlock productivity in the agricultural sector and provide logistics support to the private sector. Subcomponent 3.1: Roads construction (IDA US$30 million). Complementing the planned road works financed as part of the South Eastern Corridor Road Asset Management Project (SECRAMP, P149279), under which 100 km of road between Ganta and Tappita is to be rehabilitated, the proposed project will support rehabilitation of a 40-km segment of the 112-km Tappita–Zwedru road, and also undertake spot improvements of critical sections of the feeder roads that link the targeted production zones to the corridor road. The spot improvements will include the construction of river crossing structures, with specific focus on rural roads that link high volume production areas to markets. This segment was selected for rehabilitation based on several considerations. Despite its relatively short length, it will provide a critical connection between the agricultural food basket corridor running from Ganta to Zwedru and the all-weather southeastern corridor transport network. It will facilitate the movement of agricultural goods and delivery of services (including the development of transport services), significantly improve access to the main market centers of the 2 The Ganta–Tappita road, extending almost halfway to Zwedru, is being financed under SECRAMP as follows: GoL is financing the 39-km Ganta–Saglepie stretch, and the World Bank and LRTF are financing the 61-km Saglepie–Tappita stretch. AfDB is financing the paving of the stretch from Zwedru to the southern border with Côte d’Ivoire. A gap of about 85 km is still under discussion for financing by donors in the next round of allocations. 5|Page southeastern corridor, and foster greater interaction between farmers, businesses, traders, and agro- processors. It also complements on-going improvements elsewhere in the feeder road network, which will unlock the agricultural potential of the entire southeastern region, provide a link to the Sub- region of West Africa and support movement of produce between Liberia and other West African Countries. For this road work, the proposed project will use Output- and Performance-Based Road Contracts (OPRCs) under a Design, Build and Transfer (DBT) arrangement and will finance the associated consultant services. The conceptual design that has been developed includes full construction of a two-lane carriageway with bituminous surfacing along the existing right-of-way, with a 20-year design life. The design reflects the fact that ordinary road rehabilitation parameters will be ineffective, given Liberia’s topography and the risks related to climatic change. The design study anticipates reduced travel time, lower vehicle operating costs, and reliable year-round access, resulting in significant additional traffic. The design will incorporate modern, climate-smart infrastructure standards that increase resilience. Contractors will be incentivized to select materials and implement processes that generate less emissions, and the project will enforce the use of bioengineering, which involves the use of vegetation either alone or in conjunction with other civil engineering structures. Subcomponent 3.2: Modernization of selected agri-markets (IDA US$1.5 million). Subcomponent 2 will finance the modernization of selected existing agri-markets in rural areas; including the construction of: (i) a number of open market sheds and small storage and processing facilities; and (ii) basic market infrastructure such as internal market pathways, drainage infrastructure, and water and sanitation facilities, as well as selected facilities for specialized handling of agricultural produce. All construction work will be based on a business plan submitted by FBOs or other stakeholders in the market and would be supported by a clear management and maintenance plan, identifying the functions and responsibilities of all parties involved (private or public). The upgradation of these markets will also incorporate design standards that will ensure resilience to the main local risk factors (geophysical conditions and climate change) and reduce green gas emissions by making adopting energy efficient material for the storage facilities and renewable energy systems. The precise locations of these markets will be identified during project implementation. Component 4: Project coordination and Management and Contingency Emergency Response (IDA US$5 million). The aim of this component is twofold: (i) establishing appropriate coordination, monitoring and evaluation (M&E), and communication regarding project implementation; and (ii) ensuring that GoL is better equipped to respond to crises and emergencies. Subcomponent 4.1: Project Coordination and Management (IDA US$5 million). This subcomponent will facilitate: (i) administrative, technical, and financial management of the project; (ii) coordination among all institutional partners to ensure the efficient flow of information and support to all value-chain actors; (iii) effective contractual arrangements with key implementing partners as well as private sector operators; (iv) monitoring and evaluation (M&E) of project performance in procurement, financial management (FM), and environmental and social impacts; and (v) development of communication activities to publicize and disseminate project results, best practices, and success stories. 6|Page Subcomponent 4.2: Contingency Emergency Response Component – CERC (zero allocation). The purpose of this subcomponent is to enable an immediate response if an eligible crisis or emergency arises, as may be presented in the future. Project Beneficiaries And Target Value Chains The main beneficiaries of the project will be small and medium-sized agricultural producers and agri-entrepreneurs (private agribusiness investors, cooperatives and micro, small and medium enterprises processing or providing other services to agri-food systems) who are engaged in selected value chains. Within this group, the project will give priority to women who are heavily engaged in food crop production, processing, and marketing, as well as young people who are active in various segments of the value chain. Other beneficiaries are: (i) key public institutions and their staff involved in agricultural support services, such as the Ministry of Agriculture, Central Agricultural Research Institute (CARI) Soil and Crop laboratory, Division of Standards of the Ministry of Commerce and Industry and the National Standard Laboratory (NSL); and (ii) the non-governmental organizations (NGOs) and service providers engaged for project implementation. Description Of Project Components For Which Land Acquisition And Resettlement Are Requied. Project activities under subcomponent 2.2. includes civil works (e.g. lowland rehabilitation; clearing of bushland; construction of post-harvest, storage, and processing facilities etc.). There will be about 125 subprojects that will be implemented by farmers organizations/enterprises. These activities could lead to acquisition of private lands and potential displacement of people and livelihoods. The development of rural infrastructure to support agribusiness clusters under Component 3 can lead to temporary or permanent land acquisition, restrictions on land use and involuntary resettlement. In particular, economic, or physical displacement is anticipated under the proposed rehabilitation of a 40km section of the 112km long Tappita - Zwedru Road under subcomponent 3.1. Other social risks include potential legacy issues related to impacts of previous road construction activities on Project Affected People (PAP) and communities along the proposed road corridor. Investment under Sub- component 3.2 include: (i) the construction of a number of open market sheds and small storage facilities; (ii) construction of selected infrastructure that require specialized handling for agricultural produce; and (iii) Construction of market internal path-ways, drainage infrastructure, and water and sanitation facilities. Potential for economic or physical displacement can occur during implementation. These subprojects are expected to have both positive and negative social impacts on assets and livelihoods. 7|Page The Potential Positive Social Impacts Include • The project is expected to contribute to the GoL agenda for transformation and the MoA’s Agriculture Transformation Agenda. • The project will also support the youth intervention in Agriculture for both skilled and unskilled youth; scale up processing and marketing for the value chains of rubber, Cassava, Livestock (Piggery/poultry) and vegetables • Potential employment opportunities for the locals which translates to economic empowerment at household levels and improvement in livelihoods though it will on short- term basis. • Increase in socio-economic activities benefits through jobs creation; • Reduced transportation time and costs, and increased access to markets especially for local produce and products, access to administrative centers; • Access to new employment centers, employment opportunities for local workers on the project itself; • Capacity building and training for temporary workers that; • Better access to health care and other social services, and strengthening of local economies. • Reducing transport costs by improving accessibility; and • Encouraging community and rural development. Potential Negative Social Impacts The RETRAP subprojects may involve permanent or temporary land take and economic displacement resulting from the implementation of subproject activities under component 2 and 3. This could lead to: • Loss of income from agricultural and commercial activities, including tree and food crops; • Disruptions on existing landholdings and resource use. • Reduce the farm holding to uneconomic size. • Non-availability of similar land for resettlement of the displaced person/households exposing them to the risk of dispersion from own community and misuse of the compensation money for other purposes. • Sufferings due to reduced homestead size Homestead to the relocated place takes long time to reach the previous standard/facilities. • Non-availability of suitable alternative place to relocate the establishment. • Difficulties to start business at a new place. • Disruption in income loss from business may cause negative impacts without alternative sources of income; and • Loss of work employment by workers. • potential labor influx in some project areas 8|Page Mitigations Measures The project will as much as possible: • Avoid relocation or displacement of farms and dwelling or landed assets by changing facility location, designs, or rerouting. • Prepare a RAP according to this RPF and compensate accordingly to the entitlement matrix where resettlement is unavoidable prior to commencement of civil works. • Provide access route to affected communities during rehabilitation of road and other buildings infrastructure • Prepare a Livelihood Resettlement Plan for affected communities. This should be prepared according to the RPF. • Ensure direct impact on those with agricultural livelihoods are offered with option to receive replacement land of equivalent productive value. Ensure active involvement of women and the vulnerable in the various stages of the resettlement process, especially through stakeholder consultations, community surveys, and local committees including resettlement and redress committees. • Ensure that consultation venues are close to the affected communities, thus reducing the overall distance that affected individuals and households and other vulnerable groups such as women, the aged and persons with disabilities must walk or travel to consultation venues. • In cases where voluntary land agreements (customary land) resulting in restriction of access, use, customary ownership rights, consultations with all relevant parties beyond the chiefs or traditional heads will be conducted and proper E&S screening will be undertaken to ensure subprojects do not result in displacement or loss of asset or access. Documentation of consultation to support land donation, benefit sharing arrangements if any and documentation of agreements shall be properly kept by the implementing agencies. • Before commencement of civil works, active engagement with the communities, particularly targeting the vulnerable groups including women, the aged and persons with disabilities, on raising the awareness of the potential impacts and grievance redress mechanisms. Rationale For Preparing The RPF The rational for preparing this Resettlement Policy Framework (RPF) is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to 2.2 and 3.2 subprojects activities to be prepared during implementation. Once subproject activities are defined and specific locations are identified and necessary information for decision making becomes available, this framework will be expanded into a specific resettlement plan. The resettlement plan will be proportionate to potential social risks and impacts to be identified during site screening exercises. Project activities that will cause physical and/or economic displacement will not commence until 9|Page such specific plans have been finalized and approved by the Bank. Resettlement Action Plan has been prepared for the 40km road under subcomponent 3.1. Once detours requirements for subcomponent 3.1 activities are determined during implementation, appropriate mitigation will be put in place based on this RPF to address the impacts. If land acquisition or restrictions on use of, or access to, land or natural resources by the project cause significant economic displacement, arrangements to provide displaced persons with sufficient opportunity to improve, or at least restore, their livelihoods will be incorporated into the resettlement plan, or into a separate livelihood's improvement plan. These include: • For the agriculture related components, this RPF provides a framework to guide implementing agencies to prepare resettlement plans to provide for an option to receive replacement land of equivalent productive value or demonstrates that sufficient land of equivalent value is unavailable. Where replacement land is available, the plan will describe methods and timing for its allocation to displaced persons and other related compensation required. • For those whose livelihood will be affected by loss of land or resource use or access, including common property resources, the resettlement plan describes means to obtain substitutes or alternative resources, or otherwise provides support for alternative livelihoods. • For those whose assets and livelihood are within the right of way of the road corridor to be rehabilitated under component 3, they will be compensated for losses of structure on the land at full replacement cost but not for the land. This RPF is prepared to provide the guidelines for the preparation of the Resettlement Action Plan, as needed, in case any land acquisition, and/or restriction of access to resources should occur. This RPF intends: • to confirm the policies and entitlements to be applied to land acquisition or utilization, compensation, and resettlement in the context of RETRAP activities; and • to establish the procedures for preparing and implementing a Resettlement Action Plans (RAP) for subprojects impact locations, in order to guarantee that the project is planned and implemented in accordance with the World Bank Environmental and Social Standard (ESS-5) on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement and applicable Liberian legislation. The RPF sets out: • the institutional and policy frameworks for land acquisition or utilization, compensation, and resettlement. • principles and procedures to be applied for land acquisition or utilization, compensation, and resettlement. • procedures for disclosing information to, and consultation with, the project-affected people (PAP). • procedures for redress of grievances; and 10 | P a g e • procedures for implementation, monitoring and evaluation of the RAP. In the context of this project, the World Bank Environmental and Social Standard-5 (ESS5) on Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement is found applicable/relevant. This is in relation to component 2 and component 3 in the event where the need for land acquisition or restriction of use is become necessary as results of RETREAP activities. The RPF is deemed the appropriate social safeguard instrument for the RETRAP because the specific impact locations for sub-component 2.2 and subcomponent 3.2 activities that are likely to result from Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement are yet to be determined and the Project affected Persons (PAPs) are to be identified, if any. Since the 40km section of the 112km long Tappita - Zwedru Road is already known at this preparation stage, the Project has prepared a standalone Resettlement Action Plan (RAP) for the proposed road works are required by ESS 5. This RPF also requires the application of the ESSs to Associated Facilities. Associated Facilities will meet the requirements of the ESSs, to the extent that the GoL has control or influence over such Associated Facilities. Associated Facilities means facilities or activities that are not funded as part of the project and, in the judgment of the Bank, are: (a) directly and significantly related to the RETRAP; and (b) carried out, or planned to be carried out, contemporaneously with the RETRAP; and (c) necessary for the project to be viable and would not have been constructed, expanded or conducted if the project did not exist. 11 | P a g e CHAPTER TWO: PRINCIPLES, AND OBJECTIVES GOVERNING RESETTLEMNT Resettlement Principles The Bank believes that involuntary land acquisition, restrictions on land use and involuntary resettlement caused by infrastructure projects, if unmitigated, could give rise to severe economic, social, and environmental risks and impacts such as adverse impacts on production systems, loss of productive assets or income sources, access to land, the performance of community institutions and social networks, kin groups ability to live and work together, and cultural identity and traditional authority. In anticipation of these social risks and impacts, ESS5 provides risk mitigation measures to address and mitigate these impoverishment risks and impacts. Implementation of RETRAP may potentially result in utilization of land and loss of access and property which might cause involuntary resettlement. Subcomponents’ 2.2, 3.1 and 3.2 activities may require land that will likely affect people in many ways. Those affected will have to be promptly compensated for their loss of (land, property, or access) either in kind or in cash. The MoA and MPW, depending on the subcomponent impacting people, will ensure that people or communities affected by the implementation of subcomponent 2.2, 3.1 and 3.2 are fully and promptly compensated and/or resettled before commencements of civil works as required by ESS5. The MoA and the MPW shall not sign contract and mobilize contractors without : i) completing 95% of compensation and resettlement assistance payments in the impact location/corridor, ii) submitting completion of compensation and resettlement assistance payments report to the Bank and, iii) obtaining the Bank’s clearance on the report. Objectives The objectives of ESS5 are as follows: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those 12 | P a g e affected. Scope of Application Of ESS5 The applicability of ESS5 is established during the environmental and social assessment described in Environment and Social Standards 1 (ESS1). This ESS applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: a. Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law, b. Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land if failure to reach settlement would have resulted in expropriation or other compulsory procedures, c. Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project’ d. Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project specific cut-off date, e. Displacement of people as a result of project impacts that render their land unusable or inaccessible. f. Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas, g. Land rights or claims to land, or resources relinquished by individuals or communities without full payment of compensation, h. Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. ESS5 applies to all components of the RETRAP that result in involuntary resettlement, land acquisition and land access restriction, regardless of the source of financing. It also applies to other activities resulting in involuntary land acquisition and land access restriction, that in the judgment of the Bank, are a) directly and significantly related to the Bank-assisted project, b) necessary to achieve its objectives as set forth in the project documents, and c) carried out, or planned to be carried out, contemporaneously with the project. The Project will ensure that where land acquisition is unavoidable for implementation of subprojects 2.2 and 3.2 activities, this RPF will guide the preparation of Resettlement Action Plans (RAPs). For example, the RPF will apply to all civil works (such as construction or rehabilitation of storage, warehouses, training facilities, and construction of irrigation system ), as well as other maintenance works which may require land take or economic displacement hence trigger involuntary resettlement. All project affected persons (PAPs) will be promptly compensated for their lost assets at full 13 | P a g e replacement costs, and in the event of resettlement, be provided with supplementary assistance to help them improve, or at least restore, their livelihoods and standards of living to pre-displacement levels. In all cases after the compensation or resettlement has taken place, the PAPs will be “no worse-off if not better off�. The Project will: i) screen all activities and whenever subprojects or activities are expected to lead to the taking of land and to involuntary resettlement, ii) prepare a Resettlement Action Plan proportionate to the impacts and based on the principles stated in this RPF and, iii) submit the RAP to the World Bank for approval. 14 | P a g e CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS SCREENING, PREPARING AND APPROVING RESETTLEMENT PLANS The Project will carry out screening to identify resettlement impacts of components 2.2 3.2 and detours requirements for subcomponent 3.1 on people and communities and put in place a systematic process and procedures to guide the preparation and implementation of the Resettlement Action Plans (RAPs) as follows: SUB-PROJECT SOCIAL IMPACTS ASSESSMENT The social risks and impact assessment of subcomponents 2.1, 3.2 and detours requirements for subcomponent 3.1 activities will be undertaken before each subproject approval for financing to determine; i) the magnitude of likely environmental and social impacts including involuntary land acquisition, relocation or loss of shelter, loss of assets or access to assets, or loss of income sources and means of livelihood, and ii) the likely impacts on Project Affected Persons (PAPs) . Once subprojects’ specific locations are known, during implementation in each of the targeted communities, impact screening exercises will be carried out by the PMU in consultation with the Bank. The exercise will be conducted by dedicated Environmental Specialist and a Social Development Specialist and E&S focal persons in implementing agencies in collaboration with county and community leaders as needed. DETERMINING ESS5 APPLICABILITY Once subcomponents 2.2, 3.2 and 3.1 detours impact locations/corridors are identified and the decision is made on the determination of associate facilities, if any, the second step is to undertake a census and inventory of assets in the full area of influence of the subcomponents and determine whether ESS5 applies to the proposed subprojects activities (including any associated facilities, if any). . The screening exercises for each subproject including any associated facility activity (ies) should provide answers to the following questions: • How much land area is required for advancing the components, including its activities and its associated facilities – if any? If the subproject 2.2 and detours requirements for subcomponent 3.1 does not need any land, ESS5 is not or will not be applicable If activities of subcomponent 2.2, 3.2 and 3.1 detours requires private and public land to advance their activities, ESS5 is applicable • Are inhabited dwellings involved? Wherever inhabited dwellings may potentially be affected by subprojects 2.2, 3.1 detours and 3.2, a documented effort will be made to relocate the activity to avoid any impact on such dwellings and to avoid 15 | P a g e displacement/relocation accordingly. However, in as much as such impacts prove unavoidable, the project will prepare the required RAPs. • Who owns the land? If part of the land has private owners and the RETRAP intends to acquire the land using eminent domain, ESS5 is applied. If, however, all privately owned land is going to be sold voluntarily in the open market and the government is not going to use its right of eminent domain and if the potential PAPs have the option to refuse land acquisition or purchase, ESS5 is not applied. • If the RETRAP requires publicly owned land, is this land subject to customary claim, squatters, or encroachers? If all the land required for the project is state owned and is not subject to competing customary claims, grazing rights, or squatters or encroachers, ESS5 is not applied. However, if the land is state-owned but is subject to competing claims, ESS5 is applied, • How is the land, including publicly owned land, currently used? This question helps to determine the scope of resettlement and livelihood issues in the case of private land and to identify possible temporary or seasonal use of state-owned land, even though the land may appear to be empty, • What is the rough estimate of resettlement impacts to result from subcomponent 2.2, 3.2 and detours requirements for subcomponent 3.1 land acquisition? This question helps the RETRAP assess the scale of resettlement and/or economic displacement and determine the proportionality and appropriateness of resettlement instrument to use, • Will the RETRAP be able to identify, before subproject approval, all the land required for components? This question helps determine the proportionality and timing of resettlement instrument required for the sub-project. If all the land parcels required for the components cannot be identified before subproject approval, specific provisions will need to be included in the RAP prepared for the sub-component to ensure that any additional land is acquired and economic displacement compensated in accordance with ESS5, this RPF and specific provisions of the component RAP, that stakeholders are aware of the issues and that any additional land acquisition is minimized and well supervised. • If activities of subcomponent 2.2 and subcomponent 3.2 of the RETRAP are in a legally designated park or protected area, will the access of the people living inside or around the park be restricted? If yes, ESS5 becomes relevant and a process framework is required, leading to agreed mitigation measures before the restrictions can be imposed. The screening process for resettlement/livelihoods impact will be coordinated with the overall subcomponents screening exercises. RAP PREPARATION A RAP may be required if subprojects activities require changes in existing land use whether temporarily or permanently. The scope of the RAP will be determined by the magnitude of each subproject’s impacts and the complexity of mitigation measures. A census of affected properties, 16 | P a g e persons, and activities to be affected by subproject activities will determine the scope and complexity of resettlement and livelihood impacts. To address the issues identified in the census, the RETRAP will prepare a plan proportionate to the risks and impacts associated with the project: • For projects with minor land acquisition or restrictions on land use, as a result of which there will be no significant impact on incomes or livelihoods, the plan will establish eligibility criteria for affected persons, set out procedures and standards for compensation, and incorporate arrangements for consultations, monitoring and addressing grievances. • For projects causing physical displacement, the plan will set out the additional measures relevant to relocation of affected persons. • For projects involving economic displacement with significant impacts on livelihoods or income generation, the plan will set out the additional measures relating to livelihood improvement or restoration; and • For projects that may impose changes in land use that restrict access to resources in legally designated parks or protected areas or other common property resources on which local people may depend for livelihood purposes, the plan will establish a participatory process for determining appropriate restrictions on use and set out the mitigation measures to address adverse impacts on livelihoods that may result from such restrictions. The PMU will assess and determine, at the earliest possible stage, the relative impact related to: o Physical displacement (relocation, loss of residential land or loss of shelter) or o Economic displacement (loss of land, assets or access to assets, changes or restrictions to land use leading to loss of income sources, access to natural resources, or other means of livelihood). o Imposing changes in land use that restrict access to resources in legally designated parks or protected areas or other common property resources • The resettlement impacts will be identified applying the information on subcomponent respective land requirement. Because of these requirements, the preparation of RAP will follow the following paths: o Determine whether subproject activities including any associated facilities are eligible, determine whether subproject activities entail involuntary land acquisition or restriction or land use change that cannot be avoided or minimized, o Take steps to prepare the RAP—If ESS5 applies and the PMU must complete following tasks: ▪ Conduct a census and socioeconomic surveys to identify subprojects’ impacts and the people that will be affected. ▪ Finalize the resettlement entitlements for each category of impact. 17 | P a g e ▪ Select adequate resettlement sites and income-improvement activities (if relocation is necessary or required). ▪ Establish institutional mechanisms for delivering entitlements and for undertaking another resettlement and livelihood restoration activities. ▪ Prepare budgets and plans to ensure the timely flow of funds for resettlement and livelihood restoration implementation. ▪ Coordinate implementation arrangements among relevant agencies involved in the implementation of RAP ▪ Establish mechanisms for continued participation of PAPs in resettlement and livelihood restoration, as well as for redressing of their grievances; and ▪ Make arrangements for internal and independent monitoring of resettlement activities proportional to the risks and complexity of mitigation measures. • Coordinates the activities of agencies contributing to RAP, • Review and submit to the Bank resettlement planning documents— the RETRAP or its consultants, and the Bank Social Development Specialists collaborate in preparing the resettlement documentation and arranging for their review and clearance, • Arrange for monitoring and supervision during implementation—Plans for Bank supervision, project monitoring, and independent resettlement monitoring should specify arrangements for responding to obstacles or opportunities arising during implementation. RAP APPROVAL/CLEARANCE/DISCLOSURE Once the magnitude of impacts of subprojects activities are determined, the proportionality of impacts mitigation measures is agreed upon and the required planning instruments are prepared, the following approval and clearance steps/procedures should be followed: • For each subcomponent activities (including any associated facilities-if any) a Subproject- or component-specific RAP needs to be submitted to the Bank for approval as a condition of its financing of the respective subproject or component. The RAP must contain or cover all minimum elements of RAP stated in ESS5, • For each subproject, evidence of satisfactory RAP implementation report including payment/delivery of all compensations must be provided to and for the Bank clearance before the site can be cleared and construction can start. • If subcomponents activities impose restrictions of access to legally designated parks or protected areas, the Project will submit a Process Framework (PF) as a condition for subproject approval. The PF must contain or cover all minimum elements of PF stated in. • If sub components activities (including any associated facilities – if any) impose restrictions of access to legally designated parks or protected areas, the specific plans of action describing the mitigation measures agreed to by the affected communities need to be submitted by PMU for World Bank approval before the restrictions can be imposed. 18 | P a g e • The RAP shall be approved by the World Bank, prior to disclosure and implementation. DISCLOSURE This RPF and subsequent subprojects RAP(s)/PFs will be submitted to the World Bank for a ‘No Objection’. Once cleared by the Bank, the Project Team will subsequently disclose the RAP(s) on the website of the MOA and in the project area. A printed version of these E&S instruments/ safeguards’ instruments will be available to the public at MOA PMU and MPW/IIU offices and subprojects’ counties. The RPF and RAPs will be disclosed in the English language which is the official language in Liberia. Upon disclosure in the subproject area, these instruments will also be disclosed on the World Bank’s website. Individual entitlements will be disclosed to each PAP in local languages understood by the PAP. Electronic copy of this RPF and RAP(s) shall be posted on MOA and MPW websites. PMU and IIU will be responsible for ensuring the quality, consistency, clearance, and for in country disclosure, of this RPF and all subproject RAP(s) in accordance with the ESS5 requirements. For any changes made to the approved RPF, and each RAP, the same clearance and disclosure protocols will be followed. 19 | P a g e CHAPTER FOUR: ELIGIBILITY CRITERIA AND DISPLACEMENT PROCEDURES Identification Of Affected Persons And Individuals Project Affected Persons (PAPs) and groups are those who will lose income or assets because of subcomponents 2.2 and 3.2 activities and detours requirements for subcomponent 3.1. Lost assets may include land, houses, other structures, and crops. These may be individuals, households, and vulnerable persons/groups. Special attention will be paid to these groups by identifying their needs from the socioeconomic impact assessment study. Eligibility Classification a) According to ESS 5 of the World Bank Environmental and Social Framework, the criteria for determining eligibility for compensation, resettlement, and rehabilitation assistance measures for PAPs are based on the following Persons that have formal legal rights to land, including customary and traditional; and religious land rights recognized under the laws of Liberia. This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations b) Persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim of use to such land or ownership of assets through the national and traditional laws of Liberia. This class of people includes those that come from outside the country and have been given land by the local dignitaries to settle, and/or to occupy. c) Persons who have no recognizable legal right or claim to the land they are occupying, using, or getting their livelihood from. This class of people includes encroachers and illegal occupants/squatters. Persons covered under (a) and (b) above are provided compensation for loss of land and assets and other assistance as needed. Persons covered under (c) above are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to the cut- off date. In practice, this means that people usually considered as “squatters� will be entitled to Project assistance if they occupy the land prior to and are present on site at the cut-off date. In other words, the absence of a legal title to land or other assets on the land is not, in itself, for denying compensation for lost assets built on the land or to resettlement assistance to squatters as long as they occupy the land prior to the cut-off date. However, squatters are not entitled to compensation for the land they illegal occupied- only for structures built on the land and other losses related to the structures/assents. 20 | P a g e The proposed RETRAP activities will provide prompt compensation and resettlement assistance payments to all eligible PAPs for direct social and economic impacts that may result from land acquisition by subcomponents 2.2 and 3.2 and detours requirements for subcomponent 3.1. Identification Of Unit Of Entitlement Under The Project Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified in the field consultations and the screening outcomes. Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be made to PAP households and individuals. In dealing with compensation, preference shall be given to land-based resettlement strategies. Affected Persons whose livelihoods are land-based and where sufficient land is not available at a reasonable price, non-land-based options centered on opportunities for employment or self-re- employment should be provided in addition to cash compensation for land and other assets lost. However, the lack of land to meet ‘land for land’ requirement shall be documented and justified. In addition: • For compensation against the loss of arable and residential land (the unit of entitlement is the landholder and those with usufruct rights). • For resettlement assistance against the loss of arable and residential land the unit of entitlement is the affected Household • For privately-held assets and resources – the unit of entitlement is the owner(s). • For loss of employment – the unit of entitlement is the individual directly affected • For livelihood restoration assistance – the unit of entitlement is a household and its members (it can also be an individual or a group or community). For example, where household subsistence and survival strategies may be disrupted through the loss of land or the relocation of business enterprises, loss of access to resources, etc., rehabilitation measures will be extended to the affected person and to adult household member or members including the household head to support the restoration and diversification of household income streams and livelihoods. • For loss of communal assets (pastureland, medicinal plants, thatching grass, trees, river sand, etc.) and impeded/constrained access – unit of entitlement is the affected community represented by local authorities and by representatives of the directly affected households. • For affected gravesites – the unit of entitlement is the affected household/family or community. The unit of entitlement for other losses will vary depending on the category of affected individual/group. Cut-Off Date 21 | P a g e The cut-off date of each subproject shall be the date of census survey It is considered as the start day of the census of affected people. The ESS5 recognizes that PAPs who occupy project-affected areas after the cut-off date are not eligible for compensation. Therefore, no structure or other development established in the project-affected area after the cut-off date will be eligible for compensation. During stakeholder engagements, the cut-off date shall be jointly established between the Project and PAPs where they will be advised against further investments or speculative land and property development after existing assets are surveyed and valued for compensation. The cut-off date shall also be communicated and emphasized to the PAPs during the census and valuation exercise and to other important stakeholders who have an influence on community members, such as county and district authorities, and local leaders. The cut-off date shall be enshrined in the communication plan of the RAP preparation and implementation. Failure of setting and clearly communicating the cut- off date could lead to speculative development along the project route/areas in effort to target compensation. This affects project schedule and unduly increases resettlement cost. Communicating and enforcing the cut-off date will be the role of Project Management Unit under MoA and that the MPW/IIU. Speculative Structures Opportunistic structures established after the cut-off date shall not be compensated. During RAP implementation, these will be established by: • Comparing with property surveying/ valuation records or pictures/videos. • Consultation with Local authorities to ascertain whether the contested structure existed at the time of the cut-off date or census and whether it was established in good faith or for opportunistic compensation purposes. Vulnerable Groups According to World Bank ESF, vulnerable people are considered to be ones 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. Vulnerable groups will be a possible risk of becoming more vulnerable due to displacement, compensation, and resettlement process. Categories of vulnerable groups within the RETRAP project will include; households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged( 60years+) or persons with disabilities, households whose members are impoverished, households whose members were affected by Ebola, or COVID-19 infection, individuals and households who are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized. Assistance to vulnerable people includes the following steps/obligations: 22 | P a g e • During RAP census, the RAP team must identify all vulnerable PAPs, • Identify causes of vulnerability and this must be documented. • Identify and adapt differentiated assistance to vulnerable PAPs. This should come either directly or through the communities with the help of MOA/PFMU and MPW/IIU and the local leaders in the respective villages where subprojects will be established. These steps are critical because often vulnerable people do not participate in community meetings, and their disability/vulnerability may remain unknown; implementation of the above measures; and monitoring and continuation of assistance after moving, if required to. Assistance should take the following form depending upon the vulnerable people’s requests and needs: a. Assistance in the compensation payment procedure (going to the bank with the person to cash the cheque). b. Assistance in financial literacy training especially for women assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery. c. Provide specialized livelihood training appropriate to persons with disabilities, when needed. d. Implement livelihood improvement programs to improve women’s educational opportunities (literacy and numeracy training). e. Assistance in building and workforce or building houses. f. Psychosocial support required to ensure successful integration into the resettled community. g. Health care if required at critical periods i.e. moving and transition period. Entitlement Matrix Entitlement matrix outlined in Error! Reference source not found. below defines the type of compensation and assistance that should be provided to the different categories of project affected households. The following principles will guide payment of compensation for lost assets: - • Compensation shall be paid prior to acquisition or displacement or commencement of civils works. • Compensation shall be extended to all PAPs irrespective of tenure status. • Compensation will be at full replacement cost: full replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. • Full replacement cost for agricultural land implies the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of preparing the land to levels similar to those of the affected land; and any registration and transfer taxes; Compensation for structures shall include the Full Replacement Cost of materials and labor required for reconstructing a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid 23 | P a g e for the old building. Depreciation will not be considered while calculating the cost of affected structures. The Compensation package will also include cost of moving, such as transport costs as well as any associated land titling or transfer fees. In case of physical displacement and depending on tenure category, PAPs will be provided transition assistance such as moving allowances, subsistence allowances and alternative plot or house where possible. All efforts will be made to resettle the physically displaced families within the same settlement to enable them to retain their identity and continue their inter-personal and inter dependency relations. PAPs will be provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. In cases where in-kind replacement is not the preferred option of the PAPs, then the cash compensation will be based on full replacement cost. For the purposes of this RPF, full replacement cost will be applied; current market value will be applied only when necessary. 24 | P a g e Table 1: Entitlement Matrix Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Agricultural land Cash compensation Farmer/ title Cash (monetary) compensation for affected land based on for affected land holder government rates (equivalent to replacement value) equivalent to market Tenant/ lease Cash compensation for the harvest or product from the affected land value holder or asset, equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Commercial Land Land used for Title holder/ Cash compensation for affected land equivalent to market value. business partially business owner affected Assets used for Title Land for land replacement or compensation in cash according business severely holder/business equivalent to market value to PAP’s choice. Land for land affected owner replacement will be provided in terms of a new parcel of land of equivalent size and market potential with a secured tenure status at If partially affected, an available location which is acceptable to the PAP. the remaining assets become insufficient Transfer of the land to the PAP shall be free of taxes, registration, for business purposes and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Residential Land Land used for Title holder Cash compensation equivalent to market value for affected land. residence partially Rental/lease Cash compensation equivalent to 10% of lease/ rental fee for the 25 | P a g e Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits affected, limited loss holder remaining period of rental/ lease agreement (written or verbal) Title holder Land for land replacement or compensation in cash equivalent to market value according to PAP’s choice. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Land and assets used Rental/lease Refund of any lease/ rental fees paid for time/ use after date of for residence severely holder removal affected Cash compensation equivalent to 3 months of lease/ rental fee Assistance in rental/ lease of alternative land/ property Remaining area Relocation assistance (costs of shifting + allowance) insufficient for continued use or becomes smaller than minimally accepted under zoning laws Buildings and structures Structures are Owner Cash compensation equivalent to full replacement cost for affected used for: partially affected building and other fixed assets including cash assistance to cover 26 | P a g e Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Residential costs of restoration of the remaining structure Business Remaining structures Rental/lease Cash compensation for affected assets (verifiable improvements to viable for continued holder the property by the tenant). use Disturbance compensation equivalent to two months rental costs Entire structures are Owner Cash compensation for entire structure and other fixed assets affected or partially without depreciation, or alternative structure of equal or better size affected and quality in an available location which is acceptable to the PAP. Cash compensation should consider the market values and Remaining structures importance of a replace value of all property. not suitable for continued use Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/informal Full replacement costs for structures only. dweller. i.e. PAPs with no Cash compensation equivalent to market value for affected structure legal or without depreciation. customary title but with Right to salvage materials without deduction from compensation occupancy prior to the Relocation assistance (costs of shifting + assistance to find cut-off date alternative secure accommodation preferably in the community of residence through involvement of the project. Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available). 27 | P a g e Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits Rehabilitation assistance if required assistance with job placement, skills training). Standing crops Crops affected by PAP (whether Cash compensation equivalent to average of last 3 years market land acquisition or owner, tenant, or value for the mature and harvested crop. temporary acquisition squatter) or easement Trees Trees lost Title holder, Cash compensation based on type, age, and productive value of Oil Palm Trees tenant, or affected trees plus 10% premium. This should be equivalent to the Rubber Trees squatter market value. Sugar Cane Temporary Acquisition Temporary PAP (whether Cash compensation equivalent to market value for any assets acquisition owner, tenant, or affected (e.g. boundary wall demolished, trees removed) squatter) Business Loss of Owner of Three months’ net income for each affected business based on income/revenue or business both monthly net income loss. Full replacement cost of structure and land means of livelihoods. formal and informal unforeseen damages during Temporary or PAP (whether Full Replacement Cost construction/implementation. permanent physical or owner, tenant, or economic squatter) displacement Graves/religious assets. Loss of Grave Full Replacement Cost Graves/religious owner/identified assets relative of the dead or leader of 28 | P a g e Land and Assets Types of Impact Affected Entities Compensation/Entitlement/Benefits religious group Intangible assets Loss of intangible Owner of asset by owner of business both For losses that cannot easily be valued or compensated for in businesses or formal and monetary terms (e.g., access to public services, customers, and community informal suppliers; or to fishing, grazing, or forest areas), the project shall establish access to equivalent and culturally acceptable resources and earning opportunities. Such additional measure will be distinct from resettlement assistance to be provided under ESS5 requirements. vulnerable persons In addition to compensation for losses, vulnerable PAPs will receive assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery; financial literacy training especially for women; livelihood training appropriate to persons with disabilities, when needed; Psychosocial support required to ensure successful integration into the resettled community. Health care if required at critical periods i.e. moving and transition period. 29 | P a g e CHAPTER FIVE: NATIONAL LEGAL AND INSTITUTIONAL FRAMEWORK The Government of Liberia (GoL) has set up the Government Reform Commission (GRC) to address the challenges emanating from land tenure and legal system amongst other issues. This chapter begins with the review of the relevant Liberian laws, acts, and policies on the expropriation of land for national development and security purposes. It then considers the Bank’s policies on land take under ESS5, noting points of convergence and divergence between the Liberian legal and regulatory framework and those of ESS5, with the aim of identifying gaps between the two and selecting the standards that are higher and more stringent in effectively and adequately addressing the adverse impacts of involuntary resettlement. The relevant legal and administrative framework regarding compulsory land acquisition and involuntary resettlement and related compensation issues under this project include: • The Liberian Constitution, 1986 • Land Act, 1905 • The Land Rights Act, 2018 • Revised Laws and Administrative Regulations for Governing the Hinterland (RLARGH) of 1949 • Revised Rules & Regulations Governing the Hinterland of Liberia (2001) • Agricultural Law, 1973 • National Land Rights Policy • Land Acquisition Act of 1929 • County Act of 1969 • The Liberia Land Authority ACT, 2018. • Land Administration Policy, 2015 • The Environment Protection Agency (EPA) Act (2003) Institutional Framework for Implementation of Resettlement Action Plans The institutions involved and responsible for the preparation and implementation of the RPF are highlighted below with their mandates: • Ministry of Agriculture-PMU; • Ministry of Finance and Development Planning • Ministry of Public Works (MPW); • Environmental Protection Agency (EPA) • Local Government Authorities (LGA) • Liberia Land Authority (LLA) • Liberia Revenue Authority. • Ministry of Internal Affairs (MIA) • Local NGOs • Property law of 1976 • The Real Property Laws • Zoning Law • Liberia Freedom of Information Action of 2010 • Liberia gender equality framework 30 | P a g e Legal Framework The Liberian Constitution, 1986 Article 22 (a) and (b) of the Constitution gives right to all individuals to own property, either on an individual basis or in conjunction with other individuals, as long as they are Liberian citizens. The right to ownership of property however does not extend to mineral resources on or beneath the land. Article 24 of the Constitution of the Republic of Liberia states that, “while the inviolability of private property shall be guaranteed by the Republic, expropriation may be authorized for the security of the nation in the event of armed conflict or where the public health and safety are endangered for any other purposes, provided reasons for such expropriation are given and there is prompt payment of just compensation. It states further such expropriation or compensation may be challenged freely in a court of law, and that when property taken for public use when ceased to be so used, the Republic should accord the former owner or those entitled to the property through such owner the right of first refusal to reacquire the property. Article 26 of the Constitution of Liberia states, among other things, that where any person’s or any association’s rights have been unconstitutionally contravened, that person or association may invoke the privilege and benefit of court direction, order or writ, including a judgment of unconstitutionality, and anyone injured by an act of the Government or any person acting under its authority, whether in property or otherwise, shall have the right to bring suit for appropriate redress. Article 65 also contains provision that the courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. This provides the constitutional basis for the application of the customary land tenure rules under which most rural based Liberians hold their land. Land Act, 1905 Before independence, land acquisition and distribution in Liberia was done on the basis of relationship and class system. Opposition to this system of land tenure led to the establishment of a set of rules known as the ‘digest of law to govern the affairs of the settlers in terms of land distribution’. This subsequently culminated in the Land Distribution Act of 1856, which removed the restriction to land distribution on the basis of citizenship. Later, this Act was repealed by the 1905 Land Act to provide for the expansion of the country from a few miles along the coast into the interior and ownership of the new vast amount of land and people therein. Chapter II of this law states that each tribe is entitled to the use of as much of the public land in the area inhabited by the tribe, as is required for farming and other enterprises essential to tribal necessities. It shall have the possession of such land as against any other person. It goes further to say that the omission of a tribe to have its territory so delimited shall not however, affect in any way its right to the use of the land. 31 | P a g e The Land Rights Act, 2018 Chapter 2 of the describes nature of ownership and rights in land, and categories of land ownership to include a) Public Land; b) Government Land; c) Customary Land; d) Private Land. Chapter 3 prescribes proof, protection, registration and regulation of land; Article 12 states that ‘The right to own and/or use land is not absolute but is subject to reasonable regulations. Chapter 5 of the Act provides for acquisition of private land; Articles 17-19 and 22 of the Act describe ways of acquiring private ownership of land including purchase, donation, intestacy, gift, will or Adverse Possession; provided that in all cases a valid acquisition of a Private Land may be only by persons qualified to hold Private Land in keeping with Article (15) of the Act. Article 18 describes acquiring of private land by purchase; Article 19 (2) prescribes conditions for acquiring private land by purchase from Owner of a Private Land; and 22 Article 20 describes ways of acquiring land from the state. Articles 20 and 21 describe purchase of private land from the State and a Community respectively. Chapter 10 provides for demarcation and categories of Customary Land; Article 38 (1) states that a Land-owning Community may divide its Customary Land into various categories, including but not limited to the following: a) Residential Area, b) Agricultural Area, c) Commercial Area, d) Industrial/Mining Area, e) Cultural Shrines/Heritage Sites, f) Protected Area, g) Forest Land, and h) Any other Categories of land that the Community deems appropriate. Revised Laws and Administrative Regulations for Governing the Hinterland (RLARGH) of 1949 Article 66 of the RLARGH states that, “title to the territory of the Republic of Liberia is vested in the sovereign state.� The right and title of the respective tribes to land of an adequate area for farming and other enterprises essential to the necessities of the tribe main interest in the land to be utilized by them for their purposes; and whether or not they have procured deeds from Government, delimiting by notes and bounds such reserves, their rights and interests in and to such areas, are a perfect reserve and give them title to the land against any person or persons whomsoever. The article further states that when the tribe should advance, they should petition the Government for the division of the land into family holdings and the Government should grant deeds to each family in fee simple. Article 67 of the RLARGH states, among other things, that individuals not members of a tribe may enter a tribal land for the purpose of using said land. However, said persons should obtain permission from the Tribal Authority prior to commencing his/her activities and agree to pay some token in the nature of rent. Revised Rules & Regulations Governing the Hinterland of Liberia (2001) These rules are a successor to the earlier law and Regulations on the hinterland. These rules apply not only to the hinterland, but also to land in other counties, under the customary land tenure system. Articles 66 and 67 of the rules grant tribal people in the rural area the right to utilize land in their locale. And that any stranger wishing to utilize such land as against their usage, such stranger shall compensate for the use of the land. 32 | P a g e Legal and policy requirements of Liberia, particularly those related to land acquisition and resettlement of persons affected by development projects, the different land regulations as outlined above provide guidance and steps to be taken. The Land Acquisition Act of 1929 lays out steps to be taken for land acquisition and payment of compensation to claimants whether in cash or land for land. With civil works activities of subcomponent 3.1 of the proposed RETRAP project planned to follow the existing road alignment and within the road’s reserved RoW, no private lands are expected to be acquired. Two other relevant laws that relate to the resettlement of people to be affected by infrastructure development are the Zoning Law and the Real Property Law. The Zoning Law prescribes designated sites for construction of specific structures. Construction of unauthorized structures is violation under this statute. Section 102 of the Law requires that Zoning Permit be obtained prior to construction of any structure. However, section 72 of the same statute also provide that a Temporary Permit could be obtained from the Zoning Council for a period not more than one year, to construct a non- conforming structure. The Real Property Laws of Liberia is based upon the doctrine of Eminent Domain which holds that Government owns the land within the borders of Liberia and that the Government of Liberia is the original granter of land in Liberia. Under the Real Property Laws of Liberia, the only instrument of Title is the Deed. Squatter Right does not cover Title. Squatter Right may be a city ordinance oriented and it is not a law. Squatter Right is only intended as a temporary arrangement for accommodation. Originally, the Government of Liberia granted land to setters and aborigines based upon the doctrine of pre-emption, the measure in which prior occupancy accompanied by improvement gives superiority in ownership to land. Pre-emption has been abolished with the growth of population and now public land must be purchased from the Government in order to have Title. Agricultural Law, 1973 Article 4 of this law gives the Ministry of Agriculture the authority to regulate importation and exportation, movement of plant and animal products, and prohibit the importation into Liberia of plants or animals which are poisonous, noxious, or which produce deleterious drugs or which may be infested or infected with harmful pests or diseases. National Land Rights Policy A Land Rights Policy was endorsed by Government in 2013. The Policy provides recommendations for land rights in Liberia, based on four land rights categories: Public Land, Government Land, Customary Land and Private Land. The Policy recommends the full legal recognition of customary land rights by protecting customary and private land equally. The Land Rights Policy of Liberia aims at promoting the judicious use of the nation’s land and all its natural resources by all sections of the Liberian society in support of various socio-economic activities undertaken in accordance with sustainable resource management principles and in maintaining viable ecosystems. Key policy provisions include facilitating equitable access to land, guaranteeing security of tenure and protection of land rights, ensuring sustainable land use, and enhancing land capability and land conservation. 33 | P a g e The 2018 Land Rights Act is based on the recommendations from the Land Rights Policy and reflects the four categories of land ownership as outlined above. The Land Rights Act seeks to ensure that customary land is given protection equal to private land for all Liberians. Further, the Land Rights Act prescribes the means by which land may be acquired, used, transferred, and otherwise managed. Possibly, the first formal legal recognition of community land in Liberia was the issuance of a deed in 1876 for conditional fee simple ownership. Fee simple ownership was subject to three conditions: (1) demonstrating “civilized� customs, (2) cultivating a certain amount of coffee trees, and (3) building on the land. The law that authorized the deed gave each male member of the tribe one town lot and thirty acres of farmland. These individual holdings likely remained subject to customary law, and thus within a larger community land tenure system. Individual or family- based holdings, even when a community has a deed for its land, are not uncommon as the customary tenure system persists, which allows for such holdings. This land administration setting makes Liberia likely the first African state or colony to formally recognize community land. Land Acquisition Act of 1929 The Act outlines procedures for obtaining rights to any piece of land in Liberia through purchase. It distinguishes land in Liberia into two categories: the hinterland and the county area. The procedure for obtaining land located in the hinterlands is as follows: • Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government; • Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen; • Paramount or clan chief signs a certificate which purchaser forwards to the office of the District Commissioner (who also acts as the Land Commissioner for the area); • The District Commissioner, after ascertaining that the land is not encumbered in anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant. The procedure for obtaining land located in the county is as follows: Application to the Land Commissioner in the county in which the land is located; The applicant obtains a certificate from the Land Commissioner, if he is satisfied that the land is unencumbered. After the purchaser completes the above steps, he pays to the Bureau of Revenues the official value of land which is not less than fifty cents per acre. Thereafter, the purchaser shall obtain and submit a receipt to the President for an order to have the land surveyed. A deed will then be prepared by the Land Commissioner, authenticated, and given to the purchaser. County Act of 1969 34 | P a g e The Act first instituted official distribution and demarcation of land boundaries in Liberia. Heretofore, counties were created through political means. For example, the three oldest counties in Liberia —Montserrado, Sinoe, and Maryland—were all products of political consideration. The Liberia Land Authority ACT, 2018. The Act provided for establishment of the Liberia Land Authority of 2018 with mandate and purpose to propose, advocate and coordinate reforms of land policy, laws and programs in Liberia. Its mandate extends to all land and land-based natural resources, including both urban and rural land, private and public land, and land devoted to residential, agricultural, industrial, commercial, forestry, conservation, and any other purposes. However, it does not have adjudicatory or implementation role. The authority’s primary objectives include to: • Equitable and productive access to the nation's land, both public and private. • Security of tenure in land and the rule of law with respect to landholding and dealings in land. • Effective land administration and management; and • Investment in and development of the nation's land resources. Land Administration Policy, 2015 The Land Administration policy presents a framework for land administration in Liberia. It focuses on the main features of good land administration and those pertaining to the identification, ownership, use, and valuation of land, including information on all lands, as well as the identification of land and the determination of rights to the land, recording of those rights, valuation of land and the management of government and public land, coordination of land use planning, the establishment of the institutional framework at central and local government levels to carry out this mandate. The Environment Protection Agency (EPA) Act (2003) The Act establish a monitoring, coordinating and supervisory authority for the sustainable management of the environment in partnership with regulated Ministries and organizations and in a close and responsive relationship with the people of Liberia; and to provide high quality information and advice on the state of the environment and for matters connected therewith�. The Act provides the EPA with the authority of government for the protection and management of the environment in Liberia. It provides for an Environmental Administrative Court to hear from aggrieved parties. Institutional Framework For Implementation Of Resettlement Action Plans Once subproject activities and specific locations are identified, screened and relevance of World Bank ESS5 is identified, a Resettlement Action Plan will be developed to facilitate the resettlement 35 | P a g e of PAPs. The institutions involved and responsible for the preparation and implementation of the RPF are highlighted below with their mandates; • Ministry of Agriculture-PMU; • Ministry of Finance and Development Planning • Ministry of Public Works (MPW); • Environmental Protection Agency (EPA) • Local Government Authorities (LGA) • Liberia Land Authority (LLA) • Liberia Revenue Authority. • Ministry of Internal Affairs (MIA) • Local NGOs Ministry of Agriculture (MoA) The MoA is responsible for the overall implementation and coordination of the RETRAP. The MoA entrusts the overall coordination of project implementation to the PMU through the Project Coordination Unit . MoA will screen all activities and whenever the activities are expected to lead to the taking of land and involuntary resettlement, will prepare a Resettlement Action Plan based on the principles included in this RPF and liaise with the Ministry of Finance and Development Planning for funds to pay compensation and implement all the resettlement activities. The Ministry of Finance and Development Planning The Ministry is the agency of Government responsible for the fiscal policy and the allocation of funds for all government ministries and agencies of the Republic of Liberia. The MFDP will lead on project negotiation between the Government of Liberia and the World Bank and sign off on the Project Financing Agreement and oversee financial management services through its Project Financial Management Unit (PFMU). The PFMU will be expected to coordinate and monitor the implementation progress against the work plan/budget. The Ministry is expected to release funds necessary for the implementation of the project and resettlement activities through the Project Financial Management Unit (PFMU). The PFMU will be part of the RAP pay team. Ministry of Public Works (MPW) The MPW is responsible for land-use zoning and may be engaged in site the selection. The Ministry of Public Works carries out the following broad functions: • Provision of advice, technical services, planning, design, and construction of works projects for other Government Departments and Agencies. • Management of works and maintenance programmes associated with public buildings, roads bridges, airfields, jetties, water supplies, sewerage, and rural electricity; and 36 | P a g e • Maintenance and operation of facilities owned by the Government. The Infrastructure Implementation Unit of the MPW will be responsible for implementation of the road civil works activities under RETRAP. Environmental Protection Agency (EPA) The EPA is mandated to set environmental quality standards and ensure compliance with pollution control. It is responsible for the provision of guidelines for the preparation of Environment Assessments and Audits, and the evaluation of environmental permits. These may include certification procedure for agrochemicals and their application and other activities potentially dangerous to the environment. The EPA is also established to coordinate, monitor, supervise and consult with relevant stakeholders on all activities in the protection of the environment and sustainable use of natural resources. The Liberia Land Authority (LLA) The Liberia Land Authority (LLA) was established with the passing of the LLA Act by the Legislature in October 2016. The LLA has the legal mandate for land administration in Liberia. The LLA mandate includes strengthening the land administration systems and those pertaining to the identification, ownership, use, and valuation of land, including information on all lands, as well as the identification of land and the determination of rights to the land, recording of those rights, valuation of land and the management of government and public land, coordination of land use planning, the establishment of the institutional framework at central and local government levels to carry out this mandate. The will coordination of access to government and public land for investment and conservation projects, promotion of land use planning and zoning by local governments, and demarcation and titling of the customary land rights of local communities whenever needed. Local Government Authorities (LGA) The LGA oversees the operation of the local government system and implements policy in relation to local government structures, functions, human resources, and financing. The LGAs are responsible for the management of development at the county and district levels. As such, they are involved in site selection of the sub-projects. Liberia Revenue Authority (LRA) The LRA will play critical role in verifying and confirming the value of project affected assets. Their continuous involvement to advance work related to land and property verification valuation exercise is vital. Liberia Revenue Authority (LRA) 37 | P a g e The role of the Ministry of Internal Affairs (MIA) at the local level has been and will continue to be very vital in advancing social safeguard works at district and community levels. Relationship with local authorities has been very pleasant and their contribution will continue to enhance the MOA/IIU/MPW’s work. Furthermore, their guidance and involvement in conflict resolution and reaching amicable solutions would remain very critical while handling compensation and resettlement related issues. Thus, coordination and close partnership with MIA local authorities will be strengthened during the implementation of RETRAP. Local NGOs The local NGOs (Community Facilitators) may be contracted by MoA to facilitate community engagement, trainings and monitor the day-to-day implementation as well as being involved in developing livelihood restoration programs. land tenure systems The Government of Liberia has treated all land that is not deeded as public. This practice dates from around 1824 when all land acquired by the American Colonization Society from indigenous peoples became public land and was allotted to citizens as private deeded land. However, there has never been a clear definition of public land nor a clear relationship to preexisting customary land rights. The practice has become the law and policy, rather than the law and policy guiding the practice. The result has weakened the Government of Liberia’s ability to effectively manage and use land as well as creating insecurity for customary and private land rights. Customary Tenure Customary Land is acquired and owned by a Community in accordance with customary practices and norms based on long period of occupancy and/or use. Private Land and Customary Land may be donated to the Government as Government Land for a specific public purpose, including, but not limited to housing, schools, hospitals or clinics, and roads. Customary Land will be provided just and prompt compensation such that, as much as possible, they are put in the same position they were in before the decision to expropriate. Ownership of Customary Land is equally protected as private ownership, such that the community and its members, groups, families, and individuals within the community are entitled to the full bundle of land rights. These rights include, but are not limited to, the right to: exclude all others, use and possession, own natural resources on the land (e.g. forests), and to transfer all or some of the rights through sale, lease, concession, gift, donation, will, or any other lawful means consistent with this Policy and the community’s customary norms and practices. The Government is responsible for managing concessions on Customary Land in the public interest and in a manner that fully recognizes and protects the Customary Land rights of communities. Freehold Arrangement 38 | P a g e Owners of Private Land or Customary Land must be given a minimum of six (6) mon ths’ notice before they are required to relocate. The Government must provide payment of just compensation to the owner of Private Land or Customary Land before they are required to surrender their land to the Government. Leasehold Tenure Private Land may be acquired: through purchase from the Government, an individual, or a private entity; sale; lease; concession; gift, donation; will; upon marriage, divorce, or the death of a spouse; or any other lawful means. Ownership of Private Land may be acquired through sale of Customary Land to an individual or private entity only if: the sale is fully representative and accountable to all community members, including women, youth, and minorities; and the sale occurs after the community has self-defined, been issued a deed, and established a legal entity in accordance with this Policy. Any decision or action that contravenes this rule is prohibited. Government land acquisitions and Land Valuation System and compensation in Liberia Title to all land vests in the state. Thus, the GoL is the original grantor of land and the public are all grantees. One who obtains land from the state has a bona fide title and right to full possession and use of the land. However, the state has the right to revoke any previously granted title. Before such power can be exercised, the state through its institutions is statutorily obliged to first evaluate the current market value of the property to be acquired with the aim of providing just compensation to the affected owner. Where the land to be revoked is in public use, the state has the burden of replacing it with one of commensurate value. In the case of public land, section 31 of the 1986 Liberian Code provides the procedure for determining the cost as follows: One dollar per acre for land on the margin of a river. Fifty cents per acre for land in the interior; and Thirty dollars per lot for town lots. Methods of Acquiring Land There are four ways of acquiring land: • Mutual agreement-This is where two or more parties having claim to a land mutually agreed to be used for a particular purpose. • Eminent Domain- This occurs when government decides to forcibly take a private land for development purpose in the sole interest of the state and provide just compensation to the landowner. • Donation- As the name denotes, this is when a private land is voluntarily given to government or an individual for use without payment. 39 | P a g e • Reversion- When a land is bought wrongly, and aggrieved party go to court and get power to own back such land. Property law of 1976 This law establishes the conditions under which a Liberian can own real property and dispose of same. It states that one must hold title document for such land and when transferring same, it shall be done by title, duly registered. The Real Property Laws The Real Property Laws of Liberia is based upon the doctrine of Eminent Domain which holds that Government owns the land within the borders of Liberia and that the Government of Liberia is the original granter of land in Liberia. Under the Real Property Laws of Liberia, the only instrument of Title is the Deed. Squatter Right does not cover Title. Squatter Right may be a city ordinance oriented and it is not a law. Squatter’s Right is only intended as a temporary arrangement for accommodation and not a Title. The Government of Liberia granted land to setters and aborigines based upon the doctrine of pre- emption, the measure in which prior occupancy accompanied by improvement gives superiority in ownership to land. Pre-emption has been abolished with the growth of population and now public land must be purchased from the Government in order to have Title. Worth noting in passing is the fact that in 1948, the William V.S. Tubman Administration demarcated public land in the then Hinterland among the tribal settlers by city, clans, and towns, and made the tribal settlers, trustees of the public land of their respective locales. This makes the acquisition of public land in the Hinterland, now county areas, easier by tribal land certificate from the tribal authority Zoning Law The Zoning Law prescribes designated sites for construction of specific structure. Construction of unauthorized structures is violation under this statute. Section 102 of the Law requires that Zoning Permit be obtained prior to construction of any structure. However, section 72 of the same statute also provide that a Temporary Permit could be obtained from the Zoning Council for a period not more than one year, to construct a non-conforming structure. Liberia Freedom of Information Action of 2010 Freedom of Information Act Section 1.4 (b, c and d) states as follows: Everyone has a right of access to information generated, received and/or held by public bodies, subject only to such limitations as are necessary and narrowly established for reasons of an equally or more compelling public interest. The right of access to information includes both • a right to request and receive information, and 40 | P a g e • an obligation on the part of public bodies and officials to disseminate essential information that the public would generally want to know, including their core functions and key activities. The right of access to information applies to private entities that receive public resources and benefits, engage in public functions, and/or provide public services, particularly in respect of information relating to the public resources, benefits, functions, or services. Liberia gender equality framework Liberia has ratified or acceded to the core international human rights treaties. It is a party to the major regional human rights instrument which obliged states to respect, protect and fulfill human rights of all persons within the territory and subject to the jurisdiction of the state without discrimination. As a state party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the “Maputo Protocol�), Liberia has made legally binding commitments to exercise due diligence to combat gender-based violence and discrimination including: • the National Sexual and Reproductive Health Policy (2010), providing for access to quality health services for survivors of sexual violence and the establishment of a reporting mechanism to facilitate intra-governmental coordination in the management of SGBV cases; • the National Plan of Action for the Prevention and Management of Gender Based Violence in Liberia (2011-2015); • the National Gender Policy (2012); • the Reconciliation Roadmap (2012), incorporating recommendations of the Truth and Reconciliation Commission to enhance women’s psychosocial recovery and economic empowerment as a form of redress for sexual violence; • the Agenda for Transformation (2012), which includes provisions to address gender-based violence and empower women in multiple sectors and to enhance the protection of children from violence and abuse; • the National Human Rights Action Plan of Liberia (2013), which incorporates recommendations regarding SGBV received during the UPR process; and • the third Joint Program of the Government of Liberia and the United Nations on SGBV and harmful traditional practices, launched in 2016. World Bank Environmental And Social Framework The objective of the World Bank Environmental and Social Framework is to ensure that Bank funded projects manage the environmental and social risks and impacts of projects, and improve their environmental and social performance, through a risk and outcomes based approach and the projects puts in place appropriate measures proportionate to the level of environmental and social risks and impact to mitigate the project risks and impacts. The ESF consist of the following Environmental and Social Standards: 41 | P a g e Environmental and Social Standards 1: Assessment and Management of Environmental and Social Impacts; Environmental and Social Standards 2: Labor and Working Conditions; Environmental and Social Standards 3: Resource Efficiently and Pollution Prevention and Management; Environmental and Social Standards 4: Community Health and Safety; Environmental and Social Standards 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement; Environmental and Social Standards 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources; Environmental and Social Standards 7: Indigenous People/Sub-Saharan African Historically Underserved Traditional Local Communities; Environmental and Social Standards 8: Cultural Heritage; Environmental and Social Standards 9: Financial Intermediaries; and Environmental and Social Standards 10: Stakeholder Engagement and Information Disclosure. Among the above listed, the ESS relevant to the RPF include: ESS 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement ESS 10: Stakeholder Engagement and Information Disclosure ESS 5: Land Acquisition, Restriction On Land Use And Involuntary Resettlement The World Bank’s ESS 5: on involuntary resettlement deals with direct economic and social impacts that may result from Bank assisted investment projects and are caused by: i) the involuntary taking of land resulting in resettlement or loss of shelter and, ii) loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The ESS 5 covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of land resulting in: o relocation or loss of shelter. o loss of assets or access to assets; or o loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The ESS 5 requires that: • Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons physically displaced by the project to share in project benefits. 42 | P a g e • Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement program Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. ESS 10 - Stakeholder Engagement and Information Disclosure It requires MOA and MPW engages with stakeholders throughout the project life cycle, from the preparation stage and during project implementation, and in a timeframe that enables meaningful consultations with stakeholders. Resettlement related activities are expected to be planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected, and addressing and responding to grievances. Procedures for Resettlement according to the World Bank ESF Standards 5: The World Bank ESS 5 applies to all components of the RETRAP and to all economically and or physically affected persons, regardless of the number of people affected, the severity of impact and the legality of land holding. ESS 5 further requires particular attention to be given to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities, and other disadvantaged persons. The ESS requires that a RAP shall be prepared and cleared by the World Bank prior to implementing resettlement activities. The World Bank also requires that the provision of compensation and other assistance to PAPs, to restore livelihoods when these are affected appreciably, shall be done prior to the displacement of people. In particular, the policy requires that possession of land for project activities may take place only after compensation has been fully paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the RAP. Comparison Between Land Law In Liberia And World Bank ESS 5 There are significant gaps between Liberian laws and regulations and requirements for resettlement as laid out in the ESS5. However, some of the key tenets of the WB’s ESS are covered in full or in part by current Liberia legislation. This includes: • the requirement to pay compensation in advance where land is compulsorily acquired. • the need to compensate based on full market value or through grant of another land plot or building of equal quality, size, and value. • the need to avoid, wherever possible, impacts on agricultural land and forests. • the requirement to compensate for losses, whether temporary or permanent in production or damage to productive assets and crops; and 43 | P a g e • the provision for pre-judicial avenues for resolution of disputes and rights of appeal. The Liberian systems on involuntary resettlement are reckoned not to be equivalent with the World Bank ESS 5 requirements. The Table 2 below highlights the differences between Liberian laws and World Bank Environmental Social Framework regarding resettlement and compensation and gap filling measures. Table 2:Comparison between Land Law in Liberia and World Bank ESS-5 and gap filling measures Theme Liberian Legislation World Bank ESS 5 Measures to Bridge the Policy Gaps Resettlement There is no Liberian law The preparation of a RAPs will be prepared. mandating project resettlement plan cleared proponent to develop a by the Bank prior to the In the absence of Liberian resettlement action plan. implementation of the Laws to address resettlement activities is involuntary resettlement as required. required by ESS 5, the Bank’s ESS5 requirements shall prevail. Land Liberian law has a ESS5 provides guidelines While the Liberian laws acquisition provision on how private on how to acquire land for provide adequate basis for procedure land is acquired for public public interest project private land acquisition, interests which include the Bank’s guidelines will providing: “private be used to supplement the property owners with existing national reasons for expropriation� procedure. Categories of There is no distinction There are three categories The three categories of affected between of affected people: (i) those affected affected people under the individuals individuals. Landowners, who have formal legal Bank’s ESS 5 shall apply. land tenants, land users, rights; (ii) those who do not people owners of buildings, and have formal legal rights to owners of perennial crops land at the time the census are all lumped together andbegins but have a claim to treated likewise. There aresuch land or assets; and no separate provisions for (iii) those who have no especially recognizable legal right or vulnerable classes of people. claim to the land they are occupying. Vulnerable No provision in Liberian Particular attention to be groups Laws paid to vulnerable groups, ESS 5 requirements shall especially those below the apply. 44 | P a g e poverty line, the landless, the elderly, women and children, indigenous peoples, and ethnic minorities. Squatters In Liberia law “Squatter Under ESS5, squatters are . Right� does not cover to be provided Title. Squatter’s Right is resettlement assistance In the absence of only intended as a (but no compensation for provision for squatters in temporary arrangement for land). the Liberian Laws, the accommodation and a ESS 5 on involuntary Title. resettlement shall prevail. Compensati Affected persons are to be Affected persons should on and informed before be: Since common good is Participation repossession of land.• subject to different Informed in a timely However, there is no interpretations, it is manner on their options provision on the notice important that land and right pertaining to period, neither is there a acquisition consultations resettlement. distinction between farmed• are done under Bank Offered choices among, land, and developed land. financed projects observe and provided with the principles of prior, technically and informed, and free consent. economically feasible Chapter 3 Article 17 of the Affected groups. resettlement alternatives; Liberian Constitution Stakeholder Consultations and (1986) provides the right to shall be conducted as • Provided with timely and assemble and consult upon required by ESS 5 and the relevant information to the common good… Stakeholder Engagement host communities Plan prepared for the receiving re-settlers. project. Section 1.4 (b, c, and d) of the Freedom of Information Act of Liberia states the principles which shall govern the construction, exercise, and protection of the right of access to information. Calculation Article 24 (a) 1 Provision Full replacement cost: a Full replacement cost will of is made for prompt method used to determine be used. compensatio payment of just the amount sufficient to n compensation. However, replace lost assets and the provision is not very cover transaction cost. 45 | P a g e clear. Timing of Prompt payment of just Prompt compensation follow ESS5 to pay compensatio compensation payment prior to compensation prior to n payment commencing construction or commencing construction before acquiring land and or before acquiring the assets land and assets. Grievances Chapter 3 Article 17 of Appropriate and Grievance Redress the Constitution of Liberia accessible grievance Mechanisms (GRMs) shall provides venue for mechanisms to be be established at project, grievances. established. local community, county, and national levels. Monitorin External evaluation is not Internal monitoring and Involve third party g and required. external evaluation are assessment of Evaluation required. compensation and resettlement. While preparing and implementing subsequent RAP, if any, the GoL will be required to fully comply and implement each gap filling measure stated in the above table, where it is applicable. Furthermore, the Bank requires that where there are gaps between the legal frameworks of Liberia and that of the ESS5, the GoL will take supplementary measures to ensure that the project complies with the standards set in EES5. 46 | P a g e CHAPTER SIX: DESCRIPTION OF ENVIRONMENTAL, SOCIO -ECONOMIC CONDITIONS AND BASELINE CONDITIONS The RETRAP will be implemented in 11 out of the 15 counties therefore environmental and socio- economic conditions in Liberia are discussed below and will, in many areas, provide a basis for predicting impacts of the project. Location The Republic of Liberia is located at latitudes 4°21’ N and 8°33’ N of the equator and longitudes 11°28’W and 7°32’W. Liberia covers 111,369km2(11,137,000 ha), with 13.5% covered by water and the remaining 86.5% consisting of land., and is located entirely within the humid Upper Guinean Forest Ecosystem in West Africa on the Atlantic Coast. The area of Liberia’s Exclusive Economic Zone (EEZ) is 229,700 km2, extending 370.4 km (200 nautical mi) seaward from shore. Liberia is located along the Atlantic Coast of West Africa, between Sierra Leone, Cote d’Ivoire and Guinea. The territory is divided into 15 administrative counties. The capital, and by far the largest town, is Monrovia, located in Montserrado County, with a population of one million. The rest of the country is mainly agricultural or forested, with other major towns having only around 50,000 inhabitants, namely the port town of Buchanan (Grand Bassa County) and the inland town of Gbarnga (Bong County). Liberia is governed by the 1986 Constitution and administratively divided into 15 counties with a total population of 3,793,400 as estimated in 2008. The social structures of the county, cities, and communities in which these sub-projects are located are administratively similar. In each county, there are cities, cities and communities., a county is headed by superintendent while city commissioner and city mayors oversee cities. These social structures coordinate the chain of authority in the project areas. Administrative and Political Jurisdictions Liberia is divided into a hierarchical arrangement of political jurisdictions consisting of 15 counties (each with a designated county seat), 136 districts arrayed within counties, and numerous clans arrayed within districts (Figure 2). Individual counties comprise from 4-18 districts and varying numbers of clans. The six largest counties (>7,770 km2) are: Nimba County--11,551 km2; Lofa County-- 9,982 km2; Gbarpolu County--9,953 km2; Sinoe County-- 9,764 km2; Bong County--8,754.0 km2; and Grand Bassa County--7,813.7 km2. Other counties range in area from 1,880 km2 (Montserrado County) to 5,663 km2 (Rivercess County). The proposed project is located in the 11 selected counties of Bong, Sinoe, Grand Kru, Grand Bassa, Bomi, Grand Cape Mount, Grand Gedeh, Margibi, Maryland, Montserrado and Nimba. 47 | P a g e Figure 1: Map of Liberia showing counties and administrative set up Environmental Conditions Geographical Regions The Project is expected to operate in five geographic regions namely in: i) Bong county which is located in the north-central region, ii) Grand Kru and Maryland counties which are located in the southeastern region B, iii) Nimba county which is located northeastern region, iv) Grand Bassa county which is located in the west-central region, v) Margibi county which is located in the south-central region, vi) Montserrado County which is located in the southern region, vii) Sinoe and Grand Gedeh counties which are located in the South Eastern region A and viii) Bomi and Grand Cape Mount counties which are located in the northwestern region of Liberia. The selected counties generally experience a unimodal rainfall which starts from mid-April to late October, and the dry season from mid-November to mid-April. Average annual rainfall along the coastal belt is over 4,000mm and declines to 1,300mm at the forest-savannah boundary in the north. The counties have varied ecosystems including mineral ores, forests, grasslands, mangroves, wetlands, 48 | P a g e rivers, lakes and the continental shelf, hosting several birds, mammals, reptiles and insect species. There are about 8 national parks scattered around the selected counties comprising Sapo, Nimba National Park, Mount Nimba Strict Nature Reserve, Lofa-Mano National Park, Gio National Forest, Gibi National Forest, Wonegizi Nature Conservation, and Cape Mount Conservation. There are also 8 Important Bird Areas (IBAs) within the selected counties, and some of them are located within the national parks. These include Wologizi and Wenegizi Mountains in Lofa County; Lofa-Mano and Cape Mount in Grande Cape Mount County; Nimba Mountains in Nimba County; Zwedru and Cavalla River in Grand Gedeh County; and Sapo in Sinoe County. The rich biodiversity is being threatened by land degradation, over-exploitation of resources through excessive harvesting or hunting, introduction of exotic species and ineffective institutional arrangements. The main causes of environmental degradation in the selected counties include uncontrolled logging, fuelwood harvesting, cultivation of annual and perennial non- timber crops, encroachment by human settlement, and unsustainable mineral and sand mining activities. The tropical climate of Liberia is hot and humid throughout the year, with little variation in temperature (mean daytime temperatures: 270-320C; mean nighttime temperatures: 210-240C). Liberia exhibits a fairly high average relative humidity throughout most of the year ranging from above 80% along the coastal belt with lower humidity in the interior portion of the country. During the Harmattan season (December-March), the dust-laden winds blown in from the Sahara can reduce the relative humidity to 50% or lower as shown in Figure 2. Figure 2:West African monsoon (Encyclopedia Britannica Online Accessed 19 April 2021 49 | P a g e Land Cover and Vegetation Liberia is situated within the Upper Guinean Forest that extends from Guinea at the northwestern extreme to the eastern limit in Cameroon. The Upper Guinean Forest is fragmented, and Liberia is estimated to account for more than half of West Africa’s remaining Upper Guinean tropical forest. The climax vegetation over most of Liberia is forest, which covers about 4.39 million hectares or 45 percent of Liberia’s land area. Socio-Economic Baseline Population In 2019, the World Bank pegged the Liberia population at approximately 4.9million with about 50.2% are males while the remaining 49.7% females. The population is growing rapidly with a fertility rate of 4.4 children per woman in 2020. More than two-thirds of the population are under the age of 35 and nearly one half of the population lives in urban areas. There are acute disparities in income, health, and education outcomes between rural and urban populations, exacerbated by poor infrastructure and limited domestic investments. Severe malnutrition is also prevalent with almost one-third (32 percent) of children under five years old being stunted. The composition of the population in the targeted regions and 11 counties are presented in the table and Figure below: Table 3: Population and Sex Ratio for the Targeted eleven (11) counties County Total Male Female Sex ratio 3 (males # Number % Number % Number % to females) 1 Montserrado 1,364,902 32.2 647,803 47.5 717,099 52.5 90.3 2 Bomi 102,674 2.4 51,078 49.7 51,596 50.3 99 3 Bong 407,041 9.6 200,841 49.3 206,199 50.7 97.4 4 Grand Bassa 270,594 6.4 137,792 50.9 132,802 49.1 103.8 5 Grand Cape 155,106 3.7 77,850 50.2 77,256 49.8 100.8 Mount 6 Grand Kru 70,687 1.7 35,070 49.6 35,618 50.4 98.5 3 The sex ratio is the ratio of males to females in a population. A balanced ratio of one male to one female would be 100:100. In Liberia, there are approximately 96 males to every 100 females (i.e. sex ratio of 95.6). 50 | P a g e 7 Margibi 256,228 6 121,870 47.6 134,358 52.4 90.7 8 Maryland 165,923 3.9 79,915 48.2 86,008 51.8 92.9 9 Nimba 563,939 13.3 282,347 50.1 281,592 49.9 100.3 10 Sinoe 124,976 2.9 61,731 49.4 63,245 50.6 97.6 11 Grand Gedeh 152,887 3.6 76,375 50 76,512 50 99.8 Source: Liberia HIES (2016) Figure 3:Population by Region Source: Liberia HIES (2016) Population Density In 2019, Liberia population density was about 50 people/km2. The highest concentration of population occurs in and around coastally located Monrovia, the capital and largest city in the country, including Montserrado and nearby counties. As at 20134, Montserrado County had 595 individuals/km2, and nearby Margibi County had 78 individuals/ km2, Bomi County, 44 individuals/ km2, Bong County, 38 individuals/ km2, and Grand Bassa County, 28 individuals/ km2, which includes the seaport Buchanan. Other counties with moderate to high relative densities include Maryland County (59 individuals/km2) 4 USAID 2014: Liberia Climate Change Assessment Report 51 | P a g e which includes the coastal city of Harper in the extreme southeast, bordering Côte d’Ivoire; north central Nimba County (40 individuals/km2), bordering Guinea and Côte d’Ivoire; Lofa County (72 individuals/km2) in the west, bordering Sierra Leone; and Grand Cape Mount County (27 individuals/km2) in the northwest, which includes the coastal city of Robertsport and borders Sierra Leone and Guinea. The remaining 6 counties have densities ≤15 individuals/km2. Economic Conditions Liberia is a conflict-affected country with high vulnerability to external shocks. Two civil wars between 1989 and 2003 Box 1. Liberia key socio-economic data (2019) destroyed the country’s economy, basic infrastructure, and institutional framework, leaving most of the population to Population, total (millions) 5.0 struggle with poor living conditions. In 2004, after more than GDP (current US$, billions) 3.07 25 years of economic contraction, Liberia’s economy began to recover. Gross domestic product (GDP) grew at an average GNI per capita US$ 580 annual rate of 7.4% from 2004 to 2013. The Ebola Virus GDP growth (annual %) -2.3 Disease (EVD) outbreak in 2014 and a sharp decline in global prices for two of the country’s main export Inequality - Gini Coefficient 35.3 commodities (iron ore and rubber) disrupted that economic Merchandise imports (% of GDP)a 33.9 recovery, however. Real GDP growth was stagnant in 2015. total (% of GDP)b duringdebt, The incipient recovery starting in 2017/18 was short-lived, and External 2019 GDP contracted by 2.3% 38.5 (see key socio-economic data in Box 1). Source: WDI, Macro Poverty Outlook & Official Data. Liberia’s economic performance was weak well before the COVID-19 pandemic. Between 2014 and a Most Recent WDI Value (2016). 2019, successive exogenous shocks—EVD, the collapse of iron ore and rubber prices, and the economic impact of the drawdown of United Nations peacekeeping forces b Most — Recent WDI Value (2018). produced economic stagnation. Further weakened by the COVID-19 pandemic, the economy contracted by 2.9% in 2020 owing to supply disruption during the general lockdown, tight macroeconomic policies, and falling global demand for Liberia’s main exports. The lockdown measures halted domestic activities for months, causing the urban services economy to contract by an estimated 8.6% in 2020. Industrial growth stagnated, as a decline in manufacturing and other industries was compensated by modest growth in mining resulting from rising iron ore and gold prices. Agriculture remained resilient, growing by 2.4% through increased production of food and non-food crops (mainly cassava, rice, rubber, and palm oil). This modest agricultural growth is merely keeping pace with demographic growth, however, given that productivity remains virtually unchanged. On the demand side, the Liberia’s economic contraction was driven by declines in non-mining exports, including services (tourism), public spending (both consumption, - 11.4%, and investment, -11.6%), and foreign direct investment (-8.7%). Private consumption, at 99% of GDP, stagnated in real terms and fell by 2.5% in per capita terms. Liberia is among the ten poorest countries in the world—gross national income (GNI) per capita was just US$600 in 2018. Income inequality is high, with an estimated Gini coefficient of 35.5 in 2016. From 2007 to 2014, growth in GDP per capita averaged 3.3% per year, helping to reduce the poverty 52 | P a g e rate5 from 68.6% in 2007 to 38.6% in 2014. As per capita GDP contracted over 2014–19, poverty rose, reaching 43.4% in 2019. Poverty and inequality are compounded by acute rural-urban and gender disparities (the rural population constitutes around 46% of the total), driven by unequal access to land and productive assets, infrastructure and public services, and markets for both goods and labor. Liberia ranks 176th of 189 countries in the 2019 United Nations Development Programme (UNDP) Human Development Index. In the 2020 Doing Business report, Liberia ranked 175th of 190 economies on overall ease of doing business.6 In terms of gender equality, Liberia ranks 97th of 153 countries in the World Economic Forum’s gender equality index and 17th of 34 countries in Sub-Saharan Africa (SSA). Information on Poverty According to the 2016 HIES survey, the national poverty headcount for Liberia is 50.9 percent meaning that slightly more than a half of the Liberian population is poor. This also means that 50.9 percent of Liberians could not achieve the minimum expenditure to acquire basic food and non-food items. Poverty is higher in rural areas compared to urban areas. Rural poverty is 71.6 percent compared to urban poverty at 31.5 percent. Regional poverty was lower in Montserrado, 20.3 percent, followed by 57.2 percent in South Central, 58.4 percent in South Eastern A, 58.6 percent in North Western, and 68.5 percent in the North Central region. The region with the highest poverty level was South Eastern B at 81.3 percent. At the county level, poverty was lower in Montserrado which includes Monrovia at 20.3 percent, followed 46.3 percent in Sinoe, and by Margibi and Grand Cape Mount at 52.2 and 53.7 percent respectively. The absolute poverty numbers for the remaining project counties can be seen in the figure below. Figure 4: Absolute Poverty by County Source: Liberia HIES (2016) 5 Liberia’s poverty rate is measured as percentage of population below the international poverty line of US$1.9/ day in 2011 purchasing-power-parity (PPP) terms. 6 World Bank (2020), “Doing Business 2020.� Washington, DC. DOI:10.1596/978-1-4648-1440-2. Available at: www.doingbusiness.org. 53 | P a g e Food Poverty The food poverty level is 39.1 percent for Liberia (Liberia Household Income and Expenditure Survey 2016. Like absolute poverty, food poverty was higher in rural areas, 50.9 percent, compared to urban areas, 28.1 percent. The level of food poverty in rural areas, however, was significantly lower than the absolute poverty headcount (71.6 percent vs. 50.9 percent), while the levels were nearly the same in urban areas (31.5 percent vs. 28.1 percent). This indicates that in rural areas, some households can meet their food needs even though they had relatively little non-food consumption. This is likely the result of subsistence farming in rural areas raising sufficient food to eat regularly but having little access to income generating activities. Table 4: Absolute Poverty, Food Poverty and Extreme Poverty levels by County # County Absolute Poverty Food Poverty Extreme Poverty 1 Monrovia/Montserrado 20.3 20.2 2.7 2 Bomi 64.3 44.8 22.2 3 Bong 71.3 55.9 24.7 4 Grand Bassa 61.8 45.0 21.9 5 Grand Cape Mount 53.7 35.3 19.5 6 Grand Kru 74.4 50.1 26.8 7 Margibi 52.2 39.6 14.1 8 Maryland 84.0 71.5 47.5 9 Nimba 66.5 45.2 20.6 10 Sinoe 46.3 19.4 7.6 11 Grand Gedeh 63.7 47.8 17.5 Source: Liberia HIES (2016) Life Expectancy Other health indicators are also poor: average life expectancy at birth is 58 years (2013); infant mortality is 70 deaths per 1,000 live births (2013); and, maternal mortality rate is 770 deaths per 100,000 live births (2010). HIV prevalence among adults aged 15-49 years is 1.5% (2009). Adult literacy rates average 61% (2010). Poverty and underdevelopment are not the only challenges. Liberia emerged from its protracted civil war as a deeply divided country, its social fabric torn by ethnicity, religion, geography, and history. There are 16 ethnic groups, and Christianity (85%), Islam (12%), and indigenous (3%) religions are practiced. Size of household population Liberia holds an estimated of 990,966 households, with a mean household size of 4.3 persons per household (see Table 5). The mean household size does not vary greatly between rural and urban localities (4.3 and 4.2 respectively). Regional analysis in Table 5 above shows that the South Eastern B region is the region with the largest mean household size, followed closely by the North Central region 54 | P a g e (4.7 and 4.5 respectively). Specifically, Maryland holds the largest average household size at 4.9 people and Gbarpolu has the lowest average family size at 3.7 people on average per household. Table 5:Distribution of Household Sizes in Liberia by Region Region Number Mean Household Size Montserrado 330,456 4.1 North Central 288, 848 4.5 North Western 90, 497 90, 497 South Central 130, 246 4 South Eastern A 83, 707 4.4 South Eastern B 67, 212 4.7 Source: Liberia HIES (2016) Table 6:Distribution of Household Sizes in Liberia by County County Number Mean Household Size 1 Montserrado 330,456 4.1 2 Bomi 25,046 4.1 3 Bong 96,241 4.2 4 Grand Bassa 66,879 4.1 5 Grand Cape Mount 38,104 4.1 6 Grand Gedeh 35,314 4.3 7 Grand Kru 15,000 4.7 8 Nimba 119,173 4.7 9 Margibi 63,367 4.0 10 Maryland 33,865 4.9 11 Sinoe 28,264 4.4 Source: Liberia HIES (2016) Agriculture Agriculture is the foundation of Liberia’s economy and the key to food security. Agricultural production constitutes the most important livelihood for the average Liberian, involving more than 70% of the population. The sector accounted for 27.3% of real GDP in 2019 (a decline from 38.8% in 2010) and 43.3% of total employment (down from 57.4% in 1995). Most farmers grow cereals/staples, including rice (64%) and cassava (60%), followed by a variety of vegetables, such as peppers (50%), bitter balls (44%), okra, and green leaves (30%). Most famers cultivate an average of 0.7 hectares (ha) under rainfed conditions, generating small marketable surpluses. Tree crops, especially rubber, oil palm, cocoa, and coffee, are an important source of cash for smallholders and contribute significantly to the economy. Rubber is the most important cash crop in Liberia, producing almost 65% of all export 55 | P a g e earnings.7 Because Liberia imports 50–60% of its staple food requirement, the country is highly vulnerable to market disruptions and global food price volatility. Rural Liberians depend upon two main crops, rice, and cassava. Protein comes primarily from bushmeat and fish. Various regional projections suggest that rice will be negatively impacted by higher temperatures, even if precipitation is adequate. Upland rice, the predominant cropping system, will be impacted by changes in seasonality of precipitation. Cassava, on the other hand, is adapted to high temperatures, drought, and erratic rainfall. Current plant breeding programs aim to address the direct impacts of climate change on crop growth and the indirect effects of increased incidences of pests and diseases. Getting improved varieties to farmers will require improved extension delivery systems and available financing. Effects of climate change on agricultural production are the most likely in the interior counties of Bong, Lofa, and to a lesser extent Nimba. These were the primary agricultural areas before the conflict; these areas are the most likely to experience higher temperature maxima and altered rainfall patterns under the projected future climate. Land Tenure Land is an issue in Liberia. The land tenure system is dominated by community, tribal and family land. Only five percent of cultivated farms are privately owned at national level and less than three percent of households have a deed to their farmland. The same patterns are observed across counties. The country's land-tenure system reflects a long-standing division between the urban elite and rural native population. Rural communities-which make up 85 percent of the country's population and largely practice subsistence agriculture-use their own customary systems. However, most customary land is not titled, and by law the state owns all land not secured by a deed. Estimates flag out that land tenure security is potentially a challenge for Liberian farmers. Table 7:Distribution of land tenure by County (percent of farms) # County Community Tribal Distributed Privately Rented Farming land land by family owned as a tenant 1 Bomi 42.9 29.3 22.5 0.9 0.4 4.1 2 Bong 28.8 17.3 40.1 7.4 3.8 2.7 3 Grand Bassa 44.6 19.9 31.7 1.5 1.0 1.3 4 Grand Cape 47.7 16.6 32.8 2.0 0.0 0.9 Mount 5 Grand 34.5 21.3 34.9 6.3 1.2 1.9 7 Rubber production increased from 46,819 mt in 2018 to 65,743 mt in 2019 (40.4%). Annual Report, CBL, 2019. 56 | P a g e Gedeh 6 Grand Kru 56.1 30.5 10.6 2.2 0.3 0.3 7 Margibi 32.9 8.3 34.7 7.2 1.4 15.5 8 Maryland 46.5 20.5 23.7 6.2 1.2 1.9 9 Montserrado 20.5 6.4 32.1 17.0 17.6 6.4 10 Nimba 26.1 10.2 55.3 7.0 0.8 0.7 11 Sinoe 46.1 29.0 22.2 1.6 0.0 1.1 Source: Liberia HIES (2016) Land Use The most important trajectories of land use and land cover change have been associated with loss of forest cover: 3,000 sq km of forest were lost between 1975 and 2000, and another 3,500 sq km between 2000 and 2013, which represents an overall loss of 15 percent of the 1975 forest coverage. Most of the forest loss occurred in the eastern part of the country, in the Tropical Forest Zone (TFZ). Dense forest was mostly converted into degraded forest, savanna, agriculture, and thicket, because of selective logging and slash-and-burn agriculture. Due to the highly dynamic nature of these land use strategies and the rapid re-growth of vegetation after clearing in this humid tropical environment, the land cover classes of agriculture, degraded forest and savanna show both gains and losses. On the other hand, dense forest, which takes the longest time to fully regenerate, has seen almost exclusively losses. While several of the smaller land cover classes have seen higher losses as a percentage of their 1975 coverage, the 15 percent loss of forest is by far the largest in terms of actual area lost (6,600 sq km) and is the most significant because of the importance of this remnant of Upper Guinean rain forest. Loss of woodlands has been even more dramatic, with a 98 percent loss since 1975, mostly replaced by thickets whose area has grown tenfold during the same period. Since 2000, agriculture and irrigated agriculture have also expanded rapidly, along with agroforestry (plantations) and mining, all experiencing a revival since the end of Liberia’s civil war in 20038. Gender Issues According to the National Gender Policy 2009, Liberia faces major gender disparities in terms of women’s access to productive assets. Women are major players in agriculture, where gender inequality is substantial. Women are approximately 80% of the agricultural labor force and are responsible for 93% of food crop production. Although they play a dominant role in agricultural production, few women are able to own land, access loans, or control the income they earn from their labor. Women access to land 8 https://eros.usgs.gov/westafrica/land-cover/land-use-land-cover-and-trends-liberi 57 | P a g e is predominantly through men, who may be their husbands, fathers or a relative. This current land tenure system has contributed to a lack of land security for women and frequent conflicts over property rights within families. In the areas targeted for implementing the proposed project, 85% of the farmers who currently access finance are men and 15% are women.9 Women also have less access to productive inputs compared to men, including skills training, basic tools, and technology. Women’s workloads increase in the agricultural off-season, when many men leave to seek work in mines, plantations, and urban areas, while women remain behind to care for their families and farms. Prevalence of Gender-Based Violence Domestic violence, and sexual violence against women and girls remained widespread including practices such as female genital mutilation and early marriage remained widespread. Impunity for rape and other forms of violence against women remained prevalent. However, a domestic violence bill was passed by the legislature in July 2017 and was awaiting the President’s signature at the end of the year. The Police run 12 one-stop centres in seven counties which offer medical and support services to survivors of sexual violence (https://www.amnesty.org/en/countries/africa/liberia/report-liberia/). Conflict/Impact of Conflict in the Project Area Liberia is a conflict-affected country with high vulnerability to external shocks. Conflict in Liberia has its origin in the history and founding of the modern Liberian State’ (TRC, 2009, p.17). Liberia was ‘characterized by elite politics, corruption, judicial limbo, political, military and economic violence, generational and other group clashes, and widespread poverty’, even before the civil wars (Bøås & Utas, forthcoming, p.5). The two civil wars in Liberia (spreading over 14 years from 1989 to 2003) led to the death of hundreds of thousands of Liberians, the displacement of millions, and widespread traumatization. It devastated the economy and led to the destruction of institutional framework, basic national infrastructure and livelihoods leaving most of the population across the country to struggle with poor living conditions. Primary Healthcare Visits and Hospitalizations This section presents the percent of Liberians who visited a primary health care provider (PHCP) over the last 30 days and the percent of Liberians who were hospitalized over the last 12 months. The differentiation between these measures is made by hospitalization being defined once a person stays overnight at the PHCP. Primary health care providers are defined as formal health care centers, including hospitals and clinics, and excluding traditional and faith healers. 9 Gender Analysis Study for RETRAP (World Bank, unpublished, February 2021). 58 | P a g e Table 8:Percent distribution of people who visited a PHCP and stayed hospitalized by age groups Primary health care provider Overnight hospitalization Age Liberia Urban Rural Liberia Urban Rural 0-4 33.4 31.6 35.0 2.9 3.2 2.6 5-9 16.7 15.8 17.5 2.3 2.9 1.8 10-14 10.3 10.4 10.3 1.1 1.2 1.0 15-19 13.2 12.1 14.8 1.9 2.3 1.1 20-24 21.8 20.1 24.6 4.8 4.7 5.0 25-29 22.3 20.2 25.3 5.9 6.0 5.9 30-34 24.2 24.8 23.5 5.7 6.1 5.2 35-39 21.9 21.4 22.5 4.8 4.3 5.3 40-44 20.3 15.4 25.3 5.1 4.7 5.4 45-49 23.6 23.0 24.2 3.5 3.2 3.7 50-54 22.5 20.2 24.4 4.6 5.0 4.3 55-59 20.2 21.8 18.8 3.8 5.1 2.7 60-64 26.2 28.9 23.8 5.5 6.7 4.3 65+ 26.0 26.7 25.7 6.0 5.5 6.4 All ages 20.7 19.3 22.3 3.4 3.6 3.2 Source: Liberia HIES (2016) Primary Healthcare Provider Table 9 presents information on frequency of visits by the type of primary health care provider visited. At the national level, it is estimated that 63.2% of all the visits made by Liberians in the last 30 days prior to the Liberia Household Income and Expenditure Survey in 2016 were made to a government facility (be it a government hospital or a government clinic). This is significantly higher than the 23.6% Liberians that visited private non-religious providers (both clinics and hospitals) as indicated in the table below. Table 9:Percent distribution of primary health care provider by stratum and consumption quintile Healthcare Facility Liberia Urban Rural Poorest 3rd Richest Quintile Quintile Quintile Government hospital 19.0 25.4 13.1 20.5 15.8 17.1 Private hospital 6.0 10.2 2.1 1.6 5.6 15.5 Religious hospital 1.4 1.9 0.9 1.7 1.4 1.4 Government clinic 44.2 20.0 66.7 62.5 46.9 18.4 Private clinic 17.6 28.2 7.7 7.1 18.1 34.3 Religious clinic 1.3 1.7 1.0 1.0 2.0 1.2 Drug dispensary 7.5 10.4 4.8 3.2 6.5 8.0 TTM/NGO 1.1 0.3 1.7 0.8 2.2 0.6 Private doctor/dentist 1.3 1.6 1.0 1.0 0.7 3.0 59 | P a g e Other 0.7 0.3 1.0 0.7 0.9 0.5 Total Government 63.2 45.3 79.8 82.9 62.7 35.4 Private non-religious 23.6 38.5 9.8 8.7 23.6 49.8 providers Source: Liberia HIES (2016) However, urban, and rural classification in Table 10 shows that the government healthcare providers play a bigger role in primary health care provision in rural areas as compared to urban areas (79.8% versus 45.3% respectively). Inversely visits to private non-religious establishments are higher in urban areas (38.5%) than in rural areas (9.8%). Furthermore, within government providers, hospitals are more frequently visited in urban areas and clinics play a vital role in rural areas. A further categorization is done by disaggregation of PHCP visits by consumption quintile. From Table 10, it is clear that, as poverty decreases (i.e. higher consumption quintile), the dependency on government facilities as the primary health care provider decreases. The inverse is true for private health care providers, as poverty decreases the percentage points of Liberians that visit private non-religious provider increases (both hospitals and clinics). Private non-religious providers see 49.8% of cases of the group in the richest quintile while only 8.7% in the poorest quintile. However, the South-Central region stands out from the rest as having a relatively high rate of visits to private non-religious providers (32.3%). The South-Central region consists of Margibi and Grand Bassa, both of which have private health care providers of considerable quality, including the Firestone hospital in Margibi and the Arcelor Mittal Clinic in Grand Bassa. Similarly, Montserrado holds a greater percent of visitors in private non-religious providers than government hospitals and clinics. It is also noteworthy the importance of drug dispensaries (e.g. pharmacies, drug store e.tc.) in the South Eastern regions such as Sinoe, Grand Kru and Maryland. Table 10: Percent distribution of primary health care provider by region Montserrado North North South South South Central Western Central Eastern Eastern A B Government 15.6 19.3 15.8 16.8 23.3 29.1 hospital Private hospital 13.5 2.4 1.5 10.1 1.8 2.5 Religious 1.4 1.8 0.3 1.5 0.4 1.7 hospital Government 16.3 55.9 67.0 34.5 57.9 54.0 clinic Private clinic 39.6 8.4 9.2 22.2 4.9 5.5 Religious clinic 1.5 1.7 0.1 1.6 1.2 0.4 Drug dispensary 9.8 8.3 2.8 5.8 7.5 5.1 TTM/NGO 0.0 1.1 1.8 2.8 1.6 0.5 Private 2.4 0.5 0.6 2.4 0.8 0.6 doctor/dentist Other 0.0 0.7 1.0 2.3 0.6 0.5 60 | P a g e Total 31.9 75.1 82.8 51.3 81.2 83.2 Government Private non- 53.1 10.8 10.7 32.3 6.8 7.9 religious providers Source: Liberia HIES (2016) Education Overall, 64.7% of Liberians are literate. The literacy rate in rural areas is approximately 40% lower than in urban areas. Male literacy rate is on average 30% higher than female literacy rate. With regards to differences by counties, the lowest literacy rate can be found in Grand Cape Mount at 41.9% and the highest in Montserrado at 82.1%. This means that the highest rate of literacy is double the lowest rate meaning that for every 1 literate person in Cape Mount there are 2 in Montserrado. The literacy rate also varies significantly between each consumption quintile. On average, the literacy rate increases by 10% across income quintiles in favour of the rich. Less than half of the respondents in the poorest 20% can read and write, while 84.4% of the richest 20% are literate. Table 11: Education County Bomi Bong Grand Grand Grand Grand Margibi Maryland Montserrado Nimba Sinoe Bassa Cape Gedeh Kru Mount % 54.2 48.8 50.7 41.9 8.5 52.2 62.0 60.0 82.1 59.8 56.5 Source: Liberia HIES (2016) Access to Electricity The Household Income and Expenditure Survey (HIES) of 2016 revealed that 82.3% household has no access to electricity in their homes whilst in rural areas the proportion of households without access to electricity is even higher at 96.9%. The Liberian Electricity Corporation electrifies 15.5% of urban households. In urban areas, approximately 14.2% of households obtain electricity from generators (both owned and community sources), while only 1.8% of rural households have access to these options (community and owned generators). Sources of electricity such as owned generator and community generators are used more by houses headed by female Liberians than male headed households (8.5% versus 8.1% respectively). Likewise, female headed households use more of the LEC supplies (8.6%) than male headed households (7.9%). 61 | P a g e Table 12: Percent distribution of main source of electricity for the household by location and gender Liberia Urban Rural Male Female None 82.3 68.8 96.9 82.4 82.1 Community Generator 5.5 9.9 0.6 4.9 6.8 Own Generator 2.8 4.3 1.2 3.2 1.7 Electricity from Power Supplier 8.1 15.5 0.1 7.9 8.6 (LEC) Other Source 1.4 1.5 1.3 1.6 0.7 Source: Liberia HIES (2016) Culture Liberia’s population is 97% native people with only 3% as Americo-Liberians. Most native tribes have held on to their beliefs and traditions; tribal culture is still prevalent in Liberia today. Each tribe has its own distinct languages and customs. More than two dozen languages are spoken in Liberia. English is the official language. Predominant languages include Kpelle, Bassa, Grebo, Dan, Kru, Mano, Loma, and Mandingo (spoken by the Malinke). The native groups speak languages belonging to the Niger- Congo family of African languages (the Mande, Kwa, and Mel), found throughout Sub-Saharan Africa. Traditionally, women hold very strong roles in tribal life, and most tribes commonly practice female circumcision. In Liberia, both monogamy (one man having one wife) and polygyny (one man having more than one wife at a time) are permitted and practiced. Among non-Western-educated Liberians, dating and marriage are regarded as somewhat of a practical social and economic arrangement between families. Marriage often involves payment of a bride price to the bride’s parents at the time a marriage is agreed upon. There are 16 ethnic groups, and Christianity (85.6%), Islam (12.2%), and native religions (3%) are practiced (Encyclopedia Britannica: https://www.britannica.com/place/Harbel). Employment and Livelihood Unemployment in Liberia is 3.9% nationwide which for international standards is considered low. Urban areas have the highest proportion of the unemployed with 6.5%, while rural areas reach 1.3% of unemployment. This can be explained by the type of work demanded and supplied in different geographic areas of the country. While outright unemployment is low, informal, and vulnerable employment rates are very high, at 79.9% and 79.5% respectively. Informal employment means to execute an agreement of work in which the employer do not contribute to social welfare through taxes, and where the employee has no recourse to proper arbitration in case of labour conflicts. According to the HIES 2016, in Liberia, informal employment is higher in rural areas than in urban settings (86.5% versus 72.5% respectively). The difference between men and women is 24.1 percentage points (69% vs. 90.9%) showing that women are more likely to work informally. By regions, Montserrado has the lowest 62 | P a g e share of informal employment in line with the expectations as it is the region where the capital city is located and where more employers are registered (69%), in the other hand the North Central region has the highest rate in the country (88.6%). The poorest people have a higher rate of informal labour (90%); while the richest shows a lower rate (66.1%). The following map shows a pictorial presentation of informal employment rates by counties for Liberia. Figure 5: Informal employment Source: Liberia HIES (2016) Household Non-Farm Business Characteristics Table 13 shows that most businesses in Liberia can be classified as shopkeepers or traders (60.8%), followed by producers (22.1%) and services (17.1%). Services are a largely urban phenomenon, representing 20.8% of businesses in urban areas, while only 11.8% in rural areas. Producers, on the other hand, are relatively more common in rural areas (39.4%) than urban areas (10.1%). Female managers are strongly prevalent in trading businesses, while male managers are more evenly spread between the three different business types as defined in the 2016 HIES. Table 13: Household non-farm business characteristics Household Liberia Urban Rural Male Female non-farm 63 | P a g e business characteristics Shopkeeper / 60.8 69.2 48.8 41.8 75.6 Trader Producer 22.1 10.1 39.4 33.1 13.5 Services 17.1 20.8 11.8 25.0 10.9 Source: Liberia HIES (2016) 64 | P a g e CHAPTER SEVEN: VALUATION METHODS Responsibility And Valuation Methods The Division of Real Estate within the Liberia Revenue Authority (LRA) is the governmental agency tasked with assessing compensation for real estate properties based on the Real Estate Valuation Guideline. The guideline distinguishes real properties based on residential, commercial, commercial- residential, and industrial categories. It further defines real properties based on the size, basic condition, and materials used for construction. Valuation Principles The objective of asset valuation is to determine the current market value of the asset to be impacted by the subcomponent 2.2 and 3.2 subproject activities and detours requirements for subcomponent 3.1. It aims to determine associated labor costs, plus transaction costs, so that the amount for compensation will follow the full replacement cost principle10. The compensation value must be equal to the value of affected property and can adequately enable the affected persons to replace the asset at the current full replacement cost. The general principles of Full Replacement Cost will be followed by MoA and MPW in the valuation of affected properties as required by the ESS5 such that the PAPs should not be worse-off than pre- project conditions. In applying this method of valuation, depreciation of structures and assets should not be considered. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law shall be supplemented by ESS5 provisions as necessary to meet the full replacement cost standard. For losses that cannot easily be valued or compensated for in monetary terms – intangible assets (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts shall be made to establish access to equivalent and culturally acceptable resources and earning opportunities. Such additional measure is distinct from resettlement assistance to be provided under ESS5 requirements. Valuation of land and assets shall consider the following: 10 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be considered. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law shall be supplemented by ESS5 provisions as necessary to meet the replacement cost standard 65 | P a g e • Applicable current market prices • Loss of future income or value • Applicable current local rates for land values obtained from LRA11; if available, up to date and relevant to replacement objective or more advantageous to PAPs • Applicable current rates for valuing structures, crops, and trees from local municipalities, MoA and LRA, if available, up to date and relevant to replacement objective or more advantageous to PAPs. Compensation and resettlement assistance to be paid/provided to PAPs shall be: i) certified by an independent certified valuer, ii) based on updated properties value rates reflecting the current full replacement cost of the affected property, and iii) compatible with international good practices and valuation principles. Property Valuers will value all assets affected during preparation of the RAP. The valuation report will form part of the RAP report for implementation by the PMU and PIU. Thereafter, the implementing agencies (PMU and IIU) will verify the affected properties listed in the RAP report and disclose the compensation amounts to affected individual PAPs prior to commencement of civil works. During the disclosure period, if a PAP is dissatisfied with the compensation amount (s) for his/her property, the dissatisfied PAP shall be allowed raise their concerns through the project resettlement grievance redress mechanism. Also, she/he is entitled to seek the services of independent property valuator of his/her choice and the cost will be covered by the project if the claim is proven to be true. Voluntary Land Donation Land for project donated on a voluntary basis shall be subjected to prior Bank approval. In such cases, the MOA/MPW/IIU will demonstrates that: (a) the potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; (b) potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation; (c) the amount of land being donated is minor and will not reduce the donor’s remaining land area below that required to maintain the donor’s livelihood at current levels; (d) no household relocation is involved; (e) the donor is expected to benefit directly from the project; and (f) for community or collective land, donation can only occur with the consent of individuals using or occupying the land. MOA/MPW/IIU will maintain a transparent record of all consultations and agreements reached. 11 The GoL has introduced new properties value rate in 2018 and the valuers need to confirm if that rate is still valid and represents the current market value of properties. 66 | P a g e Valuation Methodologies The methods of valuing assets will include: i) replacement cost approach, ii) investment method, and iii) direct comparison method as discussed below. Replacement Cost Approach The calculation of replacement costs of land and structures will be based on (i) fair market value at the time of dispossession, (ii) transaction/legalization costs, other taxes and fees, (iii) transitional and restoration (land preparation and reconstruction) costs, and (iv) other applicable payments. As part of the valuation process, the project team will ask the community councils and local authorities to identify replacement land that meets the qualitative requirements of lost land and is acceptable to resettled persons and host communities and to determine the costs for PAPs or the project to obtain the land. Where replacement land cannot be found locally, a value for monetary compensation shall be developed. Regardless of whether land is replaced in kind or with monetary compensation, valuation shall include the cost to prepare the land to a level similar to that of the affected land, plus the cost of land registration, including any applicable taxes. However, when the replacement cost approach is deemed inadequate to achieve the goals of ESS5, the following methods may be considered. Investment Method This method treats assets like any other investment in the market, where the main factors influencing investment decisions are security of principal, adequate yield, security of income, administrative costs, and capital growth. Direct Comparison Method This method will be used to value assets by comparing like with like. It is a very reliable method if current market information is available on sale prices. Adjustments may have to be made for age, condition, or location. There are no statutory compensation methods enacted in Liberia. Hence, should it become necessary for compensation, the common methods of compensation will be considered: i. Market value compensation based on market value paid in private ownership. This is defined as the price the land or assets would be in the open market, assuming a willing buyer/willing seller situation. ii. Compensation is based on value of improvements where land is communal or belongs to the Government and compensation is required. iii. Values method of compensation and amount of compensation against the market price at a particular historical date. iv. Existing value based on the market value of asset on its existing use and discounting any potential value attributable to development possibilities or changes in the market. 67 | P a g e Valuation And Compensation Of Crops And Trees Valuation of crops and economic trees will be based on the approved MOA Tree Crop Pricing for Development Projects. All crops will be valued using the approved rates and paid for one year unless PAPs lose crops for more than a year in which case the number of years affected (or any fraction) will be paid. For crops that are not covered under the guidelines set by the MOA, it would be estimated at the market value of crops and trees located on the affected land on pre-project or pre-displacement, whichever is higher; and plus the cost of preparing the land to levels similar to those of the affected land, cost of any registration and transfer fees. Trees will be valued based on the type of tree, its age and productive value. The PMU will engage the experts from the MOA to establish a typical production amount with botanists and a unit value for the species existing in the area. Trees will be valued according to different methodologies depending whether the tree lost is a wood tree or a productive tree. Wood trees will be valued based on age category (a. seedling; b. medium growth and full growth) and timber value and volume according to market references. Fruit/productive trees will be valued based on age (a. seedling; b. adult-not fruit bearing; and c. fruit bearing). Stage (a) and (b) trees will be compensated based on the value of the investment made; stage (c) trees will be compensated at net market value of 1-year income times the number of years needed to grow a new fully productive tree. PAPs will also receive the necessary inputs (include labor or a corresponding allowance) to replace the trees including seedlings based on the survival rates for young trees of the species being replaced. The Figure below shows the approved rates for crops. 68 | P a g e Valuation of Residential And Commercial Buildings And Structures Compensation for this category covers valuation of land, buildings and related structures such as houses, fence walls, water and sanitation facilities, kitchens, and bathrooms, temporary structures made of wood and metal, animal enclosures floor, story, unit cost US$/m2 and average range/m2. Where part of the compensation is to be paid in cash the applicable replacement costs for construction materials will be used to calculate the values. Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of the structure. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building 69 | P a g e materials to the construction site, plus the cost of labor and/or contractors’ fees, and plus the cost of any registration and transfer fees. No deduction for depreciation and transaction costs will be applied. For the partial impact (if the loss is less than 20%, then compensation is paid for the repair of the affected structure). Valuation of replacement dwellings shall include the cost of sanitation facilities. Valuation also shall include the cost of access to water supply and other services (such as electricity, sanitation) if the displaced structure had access or if the replacement location does not provide access. Estimated costs shall be sought from PAPs and other local residents and from contractors and suppliers in the affected areas. These estimates do not include the cost of land. Incomplete dwelling units or units that have collapsed and are not in use shall be valued based on replacement cost of materials. Monetary compensation only, not in-kind replacement, shall be offered for such units. Compensation costs estimates will be prepared by qualified surveyors based on market data. Compensation will be paid based on these full replacement cost estimates. Should resettlement be necessary, the assessed value of real properties and/or building(s) thereon should be estimated by the valuation guidelines of the Real Estate Division of the Liberia Revenue Authority (LRA), and the Ministry of Agriculture for tree crops. The implementing agencies shall ensure that PAPs whose livelihoods are land-based and who are losing more than 20% of their total productive agricultural land are given an option allowing them to acquire comparable replacement land. PAPs may, at their option, choose cash compensation and economic rehabilitation, instead of land replacement. The implementing agencies, in collaboration with the Liberia Land Authority, will assist those PAPs who opted for land-for-land option to find appropriate agricultural land prior to the start of construction and no construction shall start unless this process is completed. Valuation And Compensation of Agricultural Land Land will be compensated at replacement rate based on a survey of land sales in the year before the impact survey in areas where active land markets exist. Where active land markets do not exist, land will be compensated based on the reproduction cost of a plot with equal features, access and productivity to the plot lost. A clear valuation methodology for these cases will be detailed in the RAPs and various property/building valuation methods are presented below Table 14: Real Estate Valuation Guide Assets Process Structure Steps: A detailed inventory of all persons, possession, assets and stocks requiring resettlement is to be made. Accurate and real valuation of dwelling is undertaken. Determination of compensation package according to valuation carried out. Loss of Step 70 | P a g e tree/tree A detailed inventory of all cash tree crops. crops Accurate of real valuation of crops is undertaken. Determination for compensation package according to valuation carried out. Valuation And Compensation Of Urban Land For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer fees. For agricultural land, the project team will establish compensation rates, based on specialized studies involving key stakeholders such as local authorities, representatives from potentially and currently affected communities and existing private land assessors/valuers. Such a study should ensure that such rates provide for full replacement cost for land with similar locational advantages and productive potential. Market value includes transaction costs, any income taxes or VAT and registration fees. Agricultural land will be valued at replacement rates according to two different methodologies depending on whether in affected areas active land markets exist or not. Valuation For Easements Easements shall use market value or net present value as explained above. Where easement agreements allow future use of land for cultivation of low crops, compensation shall consider rental fees for the use of properties temporarily affected. This compensation value is distinct from compensation for any trees or other crops that would be destroyed by initial use of an easement for construction. These crops would be compensated at full value. Compensation for easement agreements will address land value lost because of the temporary restriction of future uses during the construction phase of the project. Valuation And Compensation Of Loss For Economic Activities Where PAPs incur losses of income from business, the compensation method should be the following: • Estimate the net monthly profit of the business, based on records, if any, of operator’s statements, crosschecked by an assessment of visible stocks and activity • Multiply this net monthly profit by the period during which the business is prevented from operating • Allocate a disturbance allowance of 10% of total compensation. Disturbance And Transportation Allowances Disturbance allowances shall be paid in addition to the compensation value of the affected assets/properties. Disturbance should be paid in the case of an individual property/landowner whose property/land is being acquired for the proposed project; or where a project site has been subsequently abandoned in favor of another site and the landowner of the abandoned site was required to relinquish 71 | P a g e his interest over the land; or where during the course of executing the proposed project an individual’s interest in land suffered proven physical damage/disturbance. Transportation assistance shall be paid/extended to all PAPs who will be relocated as a result of the project. This amount will be provided to enable them to cover all moving expenses to new locations. However, for persons eligible for compensation of structures, the transportation allowance shall be calculated at 3% per structure cost. Disturbance and transportation allowances shall be assessed by the PMU to be established for the implementation of Bank-funded projects by the implementing agencies or other relevant stakeholders, in consultation with the PAPs. Valuation for Customary Land Implementation of RETRAP may require the use of land under customary land ownership for the proposed sub-projects. In this case, valuation methods for affected land and assets should confirm to customary laws and land assets would be valued and compensated for according to the following guidelines: 1. The PAPs would be compensated for assets and investments. 2. Compensation rates would be at replacement costs as of the date that the replacement is to be provided. 3. The market value for cash crops would have to be determined and used. 4. Calculation of compensation would not be made after the cut-off date. Valuation for Government Owned Land Once it becomes necessary to acquire a site for a public purpose, the relevant authorized officer is mandated to prepare the relevant instruments and guidance necessary for the state to acquire the specified property. For cases where the government land is being used by the public for example settlements, for grazing or any other productive activity, the individual or the community is only compensated for properties on the surface and not land. For example, he/she is compensated for crops, any improvements, and structures because these have been a source of their livelihood. The same procedure obtains for the private owners except that the owner is compensated for both the land and loss of income. Determination of Compensation Payments Compensation Packages In-kind and/or in cash resettlement packages and resettlement assistance will be used as means of compensation (Error! Reference source not found.). PAPs would be advised about the benefits of replacement of physical assets and risk inherent in cash payments. For example, unless the affected 72 | P a g e person chooses cash compensation land-for-land compensation will be encouraged as it ensures PAPs immediately have land for settlement or farming and avoids risk of spending compensation payments. Table 15:Forms of compensation Cash Payments Compensation will be calculated and paid in local currency. Rates will be adjusted for inflation In-Kind Compensation Compensation may include items such as land, houses other buildings, building materials, seedlings, agricultural inputs, and financial credits for equipment. In-kind compensation is where the landowner prefers replacement land in lieu of cash, the project will provide an alternative plot commensurate in size and productive potential with the one foregone. Suitable residential replacement land will be identified, which is either of similar quality or/ and economic value. The compensation committee will work with each affected individuals or household to ensure that replaced land is acceptable. Assistance Assistance may include moving allowance, transportation and labor, title fees, or other related costs. Making compensation payments raises some issues regarding inflation, security, and timing. One purpose of providing in-kind compensation is to reduce inflationary pressures on the costs of goods and services. Local inflation may still occur; thus, market prices shall be monitored within the time period that compensation is being made to allow for adjustments in compensation values. The question of security, especially for people who will be receiving cash compensation payment, needs to be addressed by the MoA and MPW. The time and place for cash compensation payments shall be decided upon by each recipient in consultation with the county and district authority. Compensation Payments All compensation payments will be made to the affected party in the presence of the following: Accountant Valuer Surveyor Local authority Land Commissioner Representative from the districts or counties Representative of the PAPs Compensation for Land All types of compensation should be clearly explained to the affected individual or household. A land acquisition team comprising the Land Owner(s), the Local Community, local authority, County/District 73 | P a g e officials and Land Valuation Offices would draw up a contract listing all property and land to be acquired, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation shall be provided an order form, which is signed and witnessed. The compensation contract should be read aloud in the presence of the affected party and other stakeholders prior to signing. Compensation for Sacred Sites The use of sacred sites, ritual sites, tombs and cemeteries shall not be allowed to be impacted at any time unless it is absolutely necessary, so as to avoid any possible conflicts between individuals and/or communities/homesteads/Local government the use of sacred sites. Sacred sites include but not restricted only to, altars, initiation centers, ritual sites, tombs, and cemeteries. It includes other such sites or places/features that are accepted by local laws (including customary), practice, tradition, and culture as sacred. In case sacred sites are unavoidable, the borrower will identify and implement measures to address impacts on cultural heritage (sacred sites) in accordance with the mitigation hierarchy (avoid, minimize, mitigate, and compensate where unavoidable). Organizational Elements Procedure for Delivery of Compensation Compensation and resettlement will be effected by MoA, and MPW/IIU in conformity with the RAPs prepared for the project. The following broad principles will be followed in delivery of the RAP. The compensation process will involve several steps and would be in accordance with the individual subproject resettlement and compensation plans. The procedures to follow during compensation include: Public participation with local communities This would initiate the compensation process as part of an ongoing process that would have started at the land selection/screening stage and at the time the socio-economic assessment is being carried. This would ensure that no affected individual / household is simply “notified� one day that they are affected in this way. Instead, this process seeks their involvement and wishes to inform communities in a participatory approach with the project, from the beginning. Notification of Land Resource Holders The respective local/county authority involved in identifying the land will notify the county, town/village Council and village inhabitants who will help to identify and locate the property users. The users will be informed through both a formal notification in writing and, as many people are illiterate, by verbal notification delivered in the presence of the Local Authority or his representative. In addition, the Village Committees and individuals who control land will accompany the survey teams to verify owners. Those who hold title deed to the land will be informed about the compensation process and 74 | P a g e requirements needed to evince ownership. Where there are clearly no identified owners or users, project implementers (MoA), the respective local government administrations, lands commissioner and traditional leaders will be solicited to help identify owners or users and sensitize them on the program and its implications. It is hoped, however that the media publications would be sufficient to avoid such eventuality. Agreement on compensation and participation of contracts All types of compensation should be clearly explained to the individual or household. The Technical Planning Team draws up a contract, listing all property and land being surrendered and/or assets impacted, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract is read aloud in the presence of the affected party and the respective technical planning team, local authority, and other elders prior to signing. Compensation Payments All handing over of property such as land and building and compensation payments will be made in the presence of affected party and representative of the local leaders. In addition, representatives from RAP implementing team from MoA will be available during compensation payment. 75 | P a g e CHAPTER EIGHT: GRIEVANCE REDRESS MECHANISM This section describes avenues for PAPs to lodge a complaint or express a grievance against the project, its staff, or contractors during RAP implementation. It also describes importance, procedures, roles, and responsibilities in grievance management process. To be effective, the mechanism shall utilize existing local administrative and community structures. General Grievance/Disputes Anticipated Many people in the project areas depend on land resources for their livelihoods which may be impacted by the project activities. Grievances and disputes may arise due to one or more of the following situations: • disagreement on land or property boundaries; • disagreement on plot/property valuation and valuation rates applied; • mistakes in inventorying or valuing properties; • disputed ownership of a given asset (two or more people claiming ownership of an affected property); • successions, divorces, and other family issues resulting in disputed ownership or disputed shares between inheritors or family members; • disagreement on resettlement package (e.g., location of resettlement site not being suitable to them, proposed housing or resettlement plot characteristics/agricultural potential not adequate or suitable); • disputed ownership of businesses and business-related assets (e.g., owner and operator of a business may be distinct individuals, which gives rise to disputes in the event of compensation); • complaint about adverse impacts of a particular activity thereby creating health hazards, environmental pollution or nuisance; • exclusion from the PAP list; • non-response to complaints; and • siting/location of subproject activities. • Other potential sources of grievance could be delays in compensation payment or corruption and elite capture which can expose the project to undue social risks and possible legal challenges during implementation. Objectives Of The Grievance Redress Mechanism The objectives of the grievance process are to: 76 | P a g e • provide affected people with inclusive and accessible grievance redress avenues for registering their complaint or resolving any dispute that may arise during the course of the implementation of RETRAP activities or projects; • ensure that appropriate and mutually acceptable redress actions are identified and implemented to the satisfaction of complainants; and avoid the need to resort to expensive and time-consuming judicial proceedings. Land litigation at the formal courts are known to be cumbersome and take a long time before settlements are reached and usually one party is still not satisfied. The project GRM provides a simple procedure for affected persons to be able to follow easily, and which will provide aggrieved people with an avenue for amicable settlement without necessarily opening a court case. Scope Of The Grievance Redress Mechanism The proposed grievance redress mechanism will apply to all subcomponent 2.2. and 3.2 activities that will be financed by the project. It includes issues related to asset valuation, resettlement compensation and assistance, environmental and other social issues that will arise during project implementation. The Grievance Mechanism will be established in a number of project affected communities and at four different levels (project, district, county and national levels) to make it easy for PAPs to access without incurring additional cost through long distance travel. Because of its proximity to PAPs, it is expected that most of the grievances/complaints that may be filed will be handled and resolved at the project level. Levels Of The GRM Many grievances/complaints are originated from misunderstanding of compensation issues and procedures. Grievance Redress Mechanisms (GRMs) at various levels will be established. Allocation for the requisite funding in order to offset its operational and administrative cost is catered for in this RAP. A grievance redress mechanism committee of knowledgeable persons experienced in the area of conflict resolution will be identified and established at various levels. The Ministry of Public Works and its Infrastructure Implementation Unit (MPW/IIU) in collaboration with PAPs will be responsible for establishing the GRMs as described below: Community Level Grievance Redress Committee (GRC) A community level GRM is a system of dispute resolution that shall be established at the impact corridor/location. Its objective is to bring the GRM closer to PAPs. First instance dispute/grievances shall be handled at the project level where the impact area is. All effort shall be made to resolve issues at the first instance. The community level GRM shall have the following members: • A Grievance Officer (MoA/PMU) or MPW/IIU depending on the subcomponent • A Local County administration/The County’s Resident Engineer, member 77 | P a g e • Town/Village Chief, member • Representative of PAPs – Female, member • Representative of PAPs – Male, member The Community level GRM committee shall resolve or reach a decision five (5) days from the date the complaint is received. The chairperson of the GRM committee shall communicate the committee’s decision to the aggrieved PAPs in writing and keep record of all decisions related to each case. District Level Grievance Redress Committee (GRC) The objective of the district level GRM is to resolve complaints that the project level GRM is unable to handle. The District level GRM shall comprise of the following members: • District Commissioner, Chairperson • City Mayor, member • District Magistrate/Circuit, member • Clan Chief, member • Project/Community Level GRM Chairperson • PAPs’ representative (male) • PAPs’ representative (female) District level GRM shall do everything possible to resolve issues within fifteen (15) days from the date the case has been transferred to it from the project level GRM. The chairperson of the GRM committee shall communicate the committee’s decision to the aggrieved (PAPs) in writing and keep record of all decisions related to each case. County Level Grievance Redress Committee (GRC) A committee of knowledgeable persons, experienced in the subject area, shall be constituted at the county level to handle complaints that have not been addressed or resolved at the district level in the project area. The county level GRM shall be composed of the following members: A Grievance Officer (MoA/PMU) or MPW/IIU depending on the subcomponent A Local County administration representative District administration (e.g. CAO or Member of District Land Commissioner) A community representative in project area (e.g. local or religious leader) Representative of PAPs – Female, member Representative of PAPs – Male, member The county level GRM shall do everything possible to resolve issues within fifteen (15) days from the date the case has been transferred to it from the District level GRM Committee. The chair of the committee shall communicate the committee’s decision to the aggrieved project affected persons (PAPs) in writing and keep record of all decisions related to each case. MOA/IIU/MPW Level Grievance Redress Committee 78 | P a g e A committee of knowledgeable persons, experience in the subject area, shall be constituted at the IIU/MPW to handle complaints that have not been addressed or resolved at the county level in the project impact area or corridor. The IIU/MPW level GRM shall be comprised of the following members: • Deputy Minister for Administration, MPW, Chairperson • MPW Legal Counsel, Member • IIU Safeguard Officer, Member • Property Valuator (MPW), Member • Internal Audit, Member • PAPs representative (male) • PAPs representative (female) The IIU MPW level Grievance redress Mechanism committee shall do everything possible to resolve issues within fifteen (15) days from the date the case has been transferred to it from the county level GRM committee. The chairperson of the committee shall communicate the committee’s decision to the aggrieved PAP(s) in writing. The decision reached at the IIU/MPW GRM committee level will be the final decision. The committee shall keep record of all decisions related to each case. Procedure for Grievance Redress Information about the GRM will be publicized as part of the initial programme consultations and disclosure in all the participating counties Brochures will be distributed during consultations and public meetings, and posters will be displayed in public places such as in MOA/MPW IIU offices, notice boards available in county offices and strategic locations in the project communities. Information about the GRM will also be posted online at the MOA and MPW website. Entities seeking redress and wishing to record grievances will do so by notifying the grievance officer or Local Leader at local level. The following procedures shall be followed while filing and processing complaints: • Grievance Registration: The affected person should file his/her grievance in writing, to the Local Leader. The grievance note should be signed and dated by the aggrieved person. Where the affected person is unable to write, s/he should obtain assistance to write the note/letter with his/her thumbprint. Complaints can also be submitted in person to any of the project offices, telephone call or using the sample grievance form is provided in Annex 8. A grievance register book shall be opened and kept in the office of each GR committee. All grievances shall be registered when and upon the receipt of complaints from the aggrieved. The book shall have: i) case reference number, ii) the aggrieved name, iii) the date the case is received, iv) the date the case is resolved and, v) a remarks column. The Local Leader or Grievance Officer in the project area shall receive and register in the Grievance Register Book all written complaints received. All PAPs who have issues with their compensation and assistances would be required to submit written complaints to the appropriate level of GRMs. • Acknowledgement of Compliant: Within 24 hours of receiving complaints, the recipient shall issue a letter to the aggrieved acknowledging receipt of the case and providing a date when the case will be reviewed as well as the venue. 79 | P a g e • Verification/investigation of complaint: There might be the need to undertake some investigation and arrange meeting between parties before responding. This shall be done within 10 days of receipt of compliant. • Receipt and report on gender-based violence, SH/SEA issues in the Project (beyond those related to the Contractor’s Labour Management Procedures (LMP) reported to the committee shall be reported to the Safeguards Specialists of the Project. The project will inform the Bank within 48 hours of receipt of such complaints. Such complaints shall be treated with confidentiality. • Development of response: If complaint is found to be valid, after investigation, the Local Leader or Grievance Officer will convene a meeting of the Grievance Committee to resolve the grievance and notify the complainant of the outcome. • Implementation of response if an agreement is reached. The project will implement agreement reached within the agreed timelines. • Initiate a grievance review process if no agreement is reached at the first instance: If the complainant’s is not satisfied with the resolution, the complainant can see review of the resolution at the District level GRC and County or national level for settlement until resolution is reached. • Implement review recommendation and close grievance: The project will implement agreement reached within the agreed timelines. • Grievance taken to court by the complainant: If the complainant’s is not satisfied with the resolution after seeking review, the complainant can seek redress at the court. Figure 6: GRM procedures Timeframe for Grievance Redress 80 | P a g e Table 16: below presents recommended timeframes for addressing grievance or disputes related to resettlement, compensation, and other complaints. It is envisaged that resettlement/compensation disputes could be resolved at the community/County and national levels. Table 16:Suggested Time Frame for Grievance Redress Step Process Time frame 1 Receive and register grievance within 5 Days 2 Investigate complaint or dispute, acknowledge, Within 10 Days assess grievance, and assign responsibility 3 Consultation and development of response Within 5 Days 4 Implementation of response if agreement is Within 1 weeks reached 5 Close grievance Within 5 Days 6 Initiate grievance referral or review process if within 1 weeks no agreement is reached at the lower level 7 Implement agreement reached at higher or within 2weeks review stage. 8 Grievance taken to court by complainant after unsuccessful higher lever consultation or review. Appeal to Court Courts of law will be a “last resort� option, in view of the first and second level mechanisms. However, as per the Constitution of the Government of Liberia any aggrieved person has the right to access to Courts of law. Verifying the Redress Action The Grievance Redress Committee will visit the affected property site or get in touch with the complainant to confirm that the redress action is carried out. If the complainant is not satisfied with the outcome of the redress action, additional steps may be taken to resolve the issue or reach an amicable agreement. Verification should be completed within one week of the redress action being taken. The Grievance Redress Committee will issue a Grievance Redress Form (GRF) to the complainant confirming resolution of grievance. The Safeguards team from MoA/PMU and MPW/IIU shall work with community leaders in the project area to set up a Grievance Redress Committees. All attempts shall be made to settle grievances amicably before resort to courts of law. 81 | P a g e All objections to land acquisition shall be made in writing, in the language that the PAPs understands and are familiar with, to the Local Leader. Copies of the complaint shall be sent to MoA PMU and MPW/IIU offices, within 20 days after the public notice. Channeling complaints through the Local Grievance Committee is aimed at addressing the problem of distance and cost the PAP may have to face. Specific task of the Grievance Officer will include: • In collaboration with the Social Development Specialist, set up a systematic process of recording grievances in a register (“Grievance Book�) as well as electronically. The register should be located in the PMU office/County Offices and Community level and should be accessible to residents. • Receive and report gender-based violence, SH/SEA issues in the Project area (beyond those related to the Contractor’s LMP). Any GBV/ SH/SEA reported to the committee shall be treated with confidentiality and reported to the Safeguards Specialists of the Project. The project will inform the Bank within 48 hours of receipt of such complaints. • Mediation meetings and outcomes will be recorded and kept in safe places at each of the Grievance Redress Mechanism Committee’s locations. • Prepare a database for recording and keeping track of the grievances and how they were resolved. The database should be a ‘living’ document, updated weekly. It should also record the status of each grievance (date opened/in-process/closed). Access to making entries into the database should be restricted to the implementation team, but the general community should be able to use “Grievance Book�/ register to see the status of their complaints. • Communicate the grievance procedure to the people, the process for recording their complaints and the timelines for redress. Communication should be done through a community meeting involving the resettled community. Pamphlets outlining the procedures and commitments of the grievance mechanism should be distributed to all households. • Raise grievances at the regular implementation team meeting for discussion. Some resolutions will require coordination/ interaction with the local authorities, which the GO should follow up, while some would require intervention from the ministry. • Provide a regular update on the status of grievances via the database, including reasons for delay, if any. This update needs to be provided on a weekly basis. Also, clearly define grievances that will not be entertained by the GO. These could be related to issues other than those linked to the resettlement and rehabilitation process. • The GRCs will attempt to resolve the problem (through dialogue and negotiation) within 5the agreed resolution timelines Monitoring And Evaluation Grievance Redress Mechanisms 82 | P a g e Monitoring and Evaluation of the GRM The GRM will be monitored and periodically revised and updated during the implementation to ensure timely resolution of project related complaints. The Local leader or Grievance Officer shall maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made. The grievance logbook shall be provided by the MoA. The logbook is to help the Project to keep track of the complaints resolution and to measure progress, as well as revise and redefine actions when needed. Table 17:: GRM Monitoring Indicators Action Key Indicators Frequency • % of grievances registered Community • % of grievances addressed and resolved within the specified Permanent Grievances timeframe related to its priority • Numbers of project-level meetings on the GRM and Permanent attendance levels • Numbers of direct project beneficiaries engaged Interaction on the • Numbers of local people who are involved in different stages GRM of the grievance redress committees • Routine evaluations to gather feedback from complainants on availability, clarity, and understandability of GRM processes and publicity materials shared Financing The entire GRM process will be financed by the MOA under the project budget. 83 | P a g e CHAPTER NINE: INSTITUTIONAL ARRANGEMENT AND COORDINATION Roles And Responsibilities Of Key Players The stakeholders involved in carrying out resettlement and/or compensation under the RETRAP project include; the Ministry of Agriculture under PMU, Ministry of Public Works, Ministry of Finance and Development Planning, LLA, (the regulatory lead agency for property valuation, compensation and land rights registration and transfer), the county and districts local authority with particular reference to Agriculture, county superintendents. Other institutions, such as the District Lands Commissioner and the District Valuation Office, will participate in the RAP implementation as cross-cutting units between the key institutions. Error! Reference source not found.18 below specifies who will be responsible in preparation, implementation and monitor the RAP and the GRM and how the different groups will report. Table 18:Summary of institutional Roles and Responsibilities in Resettlement Activities Institutions Roles and Responsibilities The roles of MoA (Social Specialist) will include; The Ministry of • Exercise oversight responsibility in the application of this RPF Agriculture (MoA) • Monitor project to ensure that land acquisition and resettlement (Social Specialist) activities are adhered as stipulated in the RPF • ensuring highest standard of quality in social impact assessment and mitigation activities including screening of E&S Impacts of subprojects in accordance with the ESMF and this RPF, and preparation of the necessary ToRs and seeking of the necessary clearances from the World Bank for RAP preparation • guide consultants involved in resettlement studies or preparation and implementation of RAP and ESMPs. • Ensuring participation of other stakeholders such as PAPs, DLGs, and NGOs • Reviewing RAP prior to submission to the Bank for review and clearance • Ensuring the disclosure of the RAP • grievance management, • Overseeing the RAP implementation process and ensuring 84 | P a g e Institutions Roles and Responsibilities compensation and rehabilitation Mechanisms are implemented adequately. • Monitoring and evaluation of RAPs implemented under the projects • Monitoring contractor compliance with requirements in RAP and ESMPs, • responsible for handling community grievances related to resettlement, compensation as well as other social issues from communities and construction workers. • Ensuring that funding for RAPs is made available and deposited in a special and separate account and track and maintain compensation and resettlement assistance payments, • Ensuring prompt compensation and resettlement assistance payments to PAPs are made well ahead of civil work commencement, • Ensuring all PAP are fully compensated prior to taking of land and assets and the start of civil works • Monitoring and overseeing the performance Grievance Redress Committee (GRCs) • Work on the broader social issues including ensuring that contractors’ workers are fully sensitized on HIV/AIDs, STDs, GBV/SEA and are following the Code of Conduct (CoC) they signed, • Prepare monthly and consolidated quarterly RAP implementation reports and social safeguards performance reports, • Preparing RAP completion reports or Audits • Build capacity of implementing agencies on the RPF/RAP preparation and implementation process • Liaise with the World Bank to build capacity of implementing agencies on the ESF and ESS5 • Provide funds for resettlement, through the Project Financial Ministry of Finance and Management Unit Development Planning, • Ensure financial accountability in the compensation payment through the Project process Financial Management • The MFDP will negotiate and sign off on the Agreement and Unit (PFMU) oversee financial management services through its Project Financial Management Unit (PFMU). 85 | P a g e Institutions Roles and Responsibilities • The PFMU will be responsible for fiduciary management of the project. • Supports the preparation of annual work plan and budget for the project. • The PFMU will be part of the RAP pay team. • Coordination and Review of land related issues Ministry of Lands, • Regulation of concessions and resettlement of settlers Mines and Energy • Supervising and carrying out social impact assessment and IIU of MPW preparation of resettlement action plans that lead to design of the RAP/ESMP for projects for the road components. • liaise with the PFMU to secure funds for compensation payment • Carrying out routine RAP monitoring activities during implementation for the road component • Approves all drawings for civil works and issue construction licenses to works contractors under the project. • The Ministry of Public Works will be part of the screening and property valuation team. • Monitor for RAP implementation compliance to national laws. Environmental • Assist in grievance redress as and when necessary Protection Agency-EPA • Will play critical role in verifying and confirming the value of The LRA project affected assets. • Advance work related to land and property verification valuation exercise is vital. • Ensure land issues, that will arise as the result of the resettlement be Liberia Land Authority properly resolved through the grievance redress procedures (LLA) mentioned in the RPF. • Support conflict resolution and reaching amicable solutions with Ministry of Internal project affected persons on compensation and resettlement related Affairs (MIA issues • Project Identification, supervision, monitoring and evaluation. District Local Councils- • Participation and sensitization of PAPs, DLC • Local officers to ensure that proper resettlement, compensation, and 86 | P a g e Institutions Roles and Responsibilities grievance management are undertaken, • Addressing issues related to gender and children during RAP implementation • Local authority will also be important in managing and monitoring social impact assessment framework through site visits or resolving complaints from affected communities • Review resettlement progress and challenges, resettlement Committee • Evaluate grievances from affected persons regarding resettlement issues • Discuss any pending and emerging E&S/social safeguard issues, • Prepare and submit quarterly reports to the Senior Management and the Bank. • Help in community mobilization and ensuring law and order in Local Councils I-III villages through local authority, which should be useful for ensuring security during project implementation, including compensation • Participating in supervision, monitoring and evaluation of project NGOS and private sector implementation • Assist in training programs especially for communities in coming up with Livelihood restoration programs • Ensuring that community concerns are considered at every stage of planning and implementation. • Providing information on behalf of the community about key aspects that require consideration in the assessment process. • Being the primary beneficiaries of the subprojects, the community Communities will be made to participate fully in all aspects of the program including project identification, preparation, implementation, operation, and maintenance. • Representatives to handle community grievances. Capacity Building The preparation and implementation RAP for subproject activities will be under the overall guidance of the Ministry of Agriculture under PMU and Ministry of Public Work-Infrastructure Implementation Unit Implementation responsibilities are detailed in this RPF. There is varied capacity among these institutions to manage project environmental and social risks and impacts. MOA and MPW have been implementing the STAR-P(P160945) and IDA financed transport projects (e.g. P149279) in Liberia 87 | P a g e respectively with some level of safeguards management experience in World Bank-funded project. However, these Ministries have no experience working under the new Environmental and Social Framework (ESF). In particular, the Ministry of Agriculture lacks social or environmental staff with capacity to implement social safeguards requirements associated with resettlement undertaking of the proposed project. Therefore, their capacity would have to be built to improve the management of project resettlement impacts and to ensure effective coordination at the national and subnational level. Training in overseeing in RAP planning, preparation and managing implementation Relevant personnel in MoA offices and under PMU should be trained on ESS 5 and other areas outlined below: RAP planning, RAP preparation and implementation Vulnerability assessment and management Stakeholder engagement/mobilization of resettlement related activities Knowledge of land acquisition and resettlement Handling grievances and grievance redress Trainings gender base violence and handling sexual harassment Training courses on a) Management of Land Acquisition, Resettlement and Rehabilitation, b) environmental and social management framework and c) Environmental and Social Standards provided by World Bank is recommended as a basic start for MoA, and the supporting district- level staff. 88 | P a g e CHAPTER TEN: PUBLIC CONSULTATIONS AND PARTICIPATION Consultations held for RPF Preparation The content of this RPF has been informed by an extensive consultative and participatory process at the national and in project communities. This report therefore draws on information and insights gained from consultations with a wide variety of stakeholders. Using information obtained from stakeholders, County development agendas, previous RPF reports, state of the environment reports and other sources, a range of issues/challenges farmers community members face were identified. Consultations and mapping entailed direct engagements with stakeholders where the proposed RETRAP will be implemented, including farmer groups, women, youth, county local government officials including administrators, technical Officers; among others. Community Based Organizations as well as NGOs were also consulted. Consultations with the local population in some areas were done to gain first-hand insights into the agricultural issues they face as well as their needs in selected counties. Annex 2, 3 and 6 provides the summary of consultations with relevant stakeholders and pictures of the engagement. Photo 0-1: Stakeholder consultations with District Agriculture Officer in Nimba County and officials from Dokodan farmers Cooperation in Nimba County 89 | P a g e Meeting with Females Elders at Gbedin town Meeting with community members of Gbedin town, Nimba County Meeting DTI community farmer group-Bomi Meeting with farmers in Nimba County County Photo 0-2: Meetings with Elders, women and farmer groups Consultations were carried out with Ministry of Agriculture-Project Management Unit, Environment Protection Agency (EPA), Liberian Revenue Authority (LRA), Liberian Land Authority (LLA) Liberian Land Board (LLB) county technical team from Nimba, Bong, Bomi, NGOs (SEARCH, LADA, NADAIL and CHAP) and some beneficiaries of the project, for example farmer groups at Nimba, Margibi Bong and Lofa (Error! Reference source not found.). The main purpose of these engagements was to: a. Engage stakeholders on how resettlement and land acquisition issues in the project. b. Obtain a fair understanding of the social economic baseline conditions of the project areas. c. Understand the land tenure and acquisition and challenges d. Obtain information on how grievances have been handled in past project implementation 90 | P a g e e. Ascertain if there is sufficient capacity to handle resettlement and Social safeguards issues at project level and at the County level. Emphasis was placed on a fully inclusive, open and transparent stakeholder participation process in the transfer of information on the proposed RETRAP. Men, women, the youth, aged etc. were engaged in the consultation process. Project-affected persons under the RETRAP activities that will be impacted due to land acquisition and resettlement will be consulted and involved in all resettlement activities: planning, implementation, and monitoring. Their involvement will provide them with greater understanding of the project, the resettlement issues and gives them opportunities to voice out their concerns about the project, and they may offer alternatives and compromises that tend to promote subproject implementation. For all the RAPs under the RETRAP subprojects, a mechanism or procedure for community entry, consultation and participation will be defined by cultural prescriptions which will be carefully studied and adhered to in each affected community. The mechanisms will include public meetings, focus group discussions, and participation in site preparation, resettlement committees for PAPs and communities and interagency committees for participating stakeholders. During public consultation and RAP implementation, the project will institute measures required to adhere to COVID-19 protocols and social distancing as required by the GoL and the World Bank. Importance Of Public Consultations Stakeholder engagement and public consultation and participation are essential because they provide an opportunity for informing the stakeholders about the proposed project. Public consultation and participation create a sense of ownership for the project, providing an opportunity for people to present their views and values and allowing consideration and discussion of sensitive social mitigation measures and trade-offs. Public consultation and participation will afford the PAPs an opportunity to contribute to both the design and implementation of the program activities. In so doing, the likelihood for conflicts between and among the affected and with the management committees will be reduced. In recognition of this, particular attention shall be paid to public consultation with PAPs, households and homesteads (including host communities) when resettlement and compensation concerns are involved. Public consultations in relation to the RAP occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach will be adopted as an on-going strategy throughout the entire project cycle. Public participation and consultations related to RETRAP will take place via meetings in project communities, television programs and, radio programs. PAPs are consulted in the survey process; public notices where explanations of the sub-project are made; RAP implementation of activities; and during the monitoring and evaluation process. Selection of 91 | P a g e ways to consult, and expand participation by PAPs and other stakeholders, should be taken into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance). The role of traditional, chiefs, political and cultural leaders, including the community and clan elders, in the participation strategy should be important. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. OBJECTIVES OF CONSULTATIONS The objective of consultations would be to secure the participation of all people affected by the project in their own resettlement planning and implementation, particularly in the following areas: alternative project design; assessment of project impacts; resettlement strategy; compensation rates and eligibility for entitlements; choice of resettlement site and timing of relocation; Community development opportunities and initiatives; development of procedures for redressing grievances and resolving disputes; and mechanisms for monitoring and evaluation; and for implementing corrective actions CONSULTATION PHASES Consultations of stakeholders should be carried out thought out the preparation of the RAP such as sensitization, during data collection, and implementation phases. The process of stakeholder consultation should involve the following, Soliciting for information and data from the implementer at inception stage to clearly identify and analyze specific project area and potentially affected communities. From this further identification and analysis of directly and indirectly affected communities/stakeholders should be done to solicit views and opinions regarding the project. Planning how the engagement with stakeholders should take place. After establishing stakeholders, key contact persons should be identified to mobilize stakeholders for meetings at an appointed time and venue. Disclosure of information; Information about the project is then revealed to different stakeholders both primary and secondary at different stages of the project. Disclosure of information will be done in the English language which is the official language in Liberia. Upon disclosure of the RPF and RAP in the subproject areas, these instruments will also be disclosed on the World Bank’s website. Individual entitlements will be disclosed to each PAP in local languages understood by the PAP. Consultations should be carried out with project affected villages and County/district officials during preparation and these should be carried out at different stages as explained in section below. 92 | P a g e Community Involvement And Sensitization The affected persons should be engaged in active consultations at the beginning of the project and they should have access to the Resettlement Action Plan and be encouraged to provide input. Consultations should happen in local language where possible; women should be consulted separately if that is more appropriate. The consultation process should ensure sizeable participation of women, youth, migrants, and groups at risk of exclusion, and also ensure prior distribution of project information in a form that is accessible to community members, etc. Communities within the project areas should be informed on the project and likely project impacts and the extent of their involvement to ensure project success. Measures instituted to address negative project impacts should also be well communicated to the community. After identification of all the location where different interventions of the RETRAP will be established, the RETRAP team should ensure that consultations with the different authorities are carried out. Meetings should be scheduled with County authorities, mayors, council men and women, town chiefs, local leaders, clan chiefs in each county where the project will be implemented. This is important since they are the first contact with the local communities and most cases they believe in their leaders. This when well implemented helps smooth running of the project. Data Collecting Phase Before collection of social and economic profile as well as background information of affected PAPs, a consultation of communities is very crucial. The levels of consultation will vary from households to community groups, based on the particular context of the sub-project(s). Before consulting with the affected persons, the RAP team will first consult with local authorities (Chiefs, elders, zones, superintendent, county Representatives at different levels as well as the district leaders. The RAP team will design the questionnaires, but it will be the households, organizations, and institutions that will validate their effectiveness through feedback. Focus group discussions with women, farmers’ associations, communities as well as primary and/or secondary schools and health centers are usually good sources for establishing the community baseline situation. Implementation Phase During implementation, PAPs should also be informed about their rights and options. The PAPs should be consulted and sensitized about the grievance redress mechanism and how it should be followed; that is how and who to lodge complaints related to compensation, displacement, social and gender impacts related to the RETRAP. The participation of local authority and PAPs in disseminating information and resolving disputes should be important once RAP implementation starts. PAPs must also be engaged on disclosure of the RAP implementation process, securing of agreements, delivering of compensation, implementing LRAs among others. Monitoring And Evaluation Phase 93 | P a g e PAPs representatives should participate in the sub-project workshops at mid-term and at the end of RAP implementation. To the extent possible, the RAP would include social accountability tools like citizen report cards to assess the quality of RAP implementation, and in some cases, assist the RAP team in monitoring RAP implementation including tracking expenditures. The latter would be significant in helping PAPs with money management and restoring their livelihoods. PAPs will be able to suggest corrective measures, as needed, to improve RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will participate in a feedback survey as part of the RAP’s independent impact evaluation exercise. The project will make use of digital technology for supervision and monitoring of resettlement implementation whenever relevant given the COVID-19 restrictions. Notification Procedure Affected persons should be notified through both formal (in writing) and informal (verbal) manner, for example at community meetings. Public notices in the daily newspapers, radio or television services will be conducted to notify the public of the intention to acquire land earmarked for subprojects. A copy of such notice shall be served to each owner, occupier and person or agent having an interest in the land thereof. The names and addresses of the owners, occupiers and agents shall be readily ascertainable. Documentation The names and addresses of affected persons should be compiled and kept in a database including claims and assets. RETRAP under PMU will maintain records of these persons as well as the county administration. The records are also important especially for future monitoring activities. Documentation should include documents relevant to land transactions (voluntary and involuntary). Contract Agreement A contract listing of all property and land/ farms being surrendered and the types of compensation (both cash and kind) will be prepared. The contracts will be presented at community meetings/ durbars prior to signing. The handing over of property and compensation payments will be made in the presence of the affected persons and the Compensation Committee, and in public. Linking Resettlement Implementation To Civil Works PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and subsequent Resettlement and Compensation Plan, before works on the sub project can begin. For activities involving land acquisition or loss, denial, or restriction to access of resources, it is required that provisions be made, for compensation and for other assistance required for relocation, prior to displacement. The assistance includes provision and preparation of resettlement sites with adequate facilities. In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. 94 | P a g e For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented in accordance with the individual RAPs. In the Implementation Schedule of each RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the Project Planning team and PAPs must include: a. target dates for start and completion of civil works, b. timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and; c. the link between RAP activities to the implementation of the overall sub projects. When approving recommendations for resettlement during screening, PAPs must confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works, in compliance with this policy. Proper timing and coordination of the civil works shall ensure that no affected persons will be displaced economically and physically due to civil works activity before compensation is paid and before any project activity can start. According to the WB environmental and social framework, project activities that will cause physical and/economic displacement will not commence until specific plans have been finalized and approved by the Bank. 95 | P a g e CHAPTER ELEVEN: RPF BUDGET Resettlement activities in Liberia can be financed through a number of arrangements, namely: government budget; loans borrowed from the domestic market by governments; loans borrowed from development partners; and grants. The indicative cost of RPF is estimated at Five Hundred and Forty - Two Thousand United States Dollars (USD 542,000.00). For RETRAP, the resettlement budget will be financed by GoL, through the Ministry of Finance and Development Planning. Table 19:Indicative RPF Budget for RETRAP No Item Frequency Unit Cost Total (USD) (USD) 1 Training, Capacity Building &Enhancement in RPF and GRM Awareness creation and 5 20,000.00 100,000.00 capacity building and enhancement for PMU members and IA staff Engagement with stakeholders 5 15,000.00 75,000.00 and project communities Capacity building for County 5 20,000.00 100,000.00 and District technical team NGOs, CBOs on 2 Preparation of RAPs Lump Sum 100,000.00 100,000.00 (number unknown) Grievance Management 5 12,000.00 60,000.00 3. Monitoring and Evaluation Safeguard component for 5 10,000.00 50,000.00 M&E 4. RPF Disclosure Disclosure of RPF- 2,000.00 Advertisements i.e., national Lump sum dailies Disclosure of RPF- Hard and 5,000.00 soft copies to all relevant Lump sum stakeholders 5. Completion Audit Lump sum 50,000.00 96 | P a g e Grand Total 542,000.00 Estimated costs for RAP preparation At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs/details have not yet been developed and land needs have not yet been identified. Nevertheless, The GoL committed to provide an estimated amount of US$542,000.00 to finance RPF and RAP cost. This RAP amount will be deposited in the RAP designated separate account six months prior to mobilization of contractors. The total RAP implementation cost will be reflected in the overall project cost. When these locations are known, and after the conclusion of the site-specific screening, Social Impact Assessment (SIA) will be carryout to establish site specific socioeconomic baseline data. Sub project RAP will include a detailed budget, using the following template. Table 20:Indicative RAP budget Item Amount or number Total estimated Agency cost responsible Asset acquisition MOA&MPW Land Structures Crops and economic trees Infrastructure Land Acquisition and preparation Land Structures Crops and other Community Infrastructure Relocation Transfer of possessions Installation costs Economic rehabilitation Training Capital Investment Technical Assistance Grievance Redress Monitoring 97 | P a g e Contingency TOTAL The MOA/PMU and MPW/IIU will manage and monitor the resettlement budget and will finance this budget through the administrative and financial management rules and manuals as for any other activity eligible for payment under the RETRAP project. 13.2 Disclosure Arrangements for RPF and Subsequent RAPS The PMU under Ministry of Agriculture shall disclose the RPF on its website (https://www.moa.gov.lr/), print media, public libraries and all institutions where RETRAP activities will be implemented. The RPF will be publicly disclosed before project appraisal and invite the public to access and review the document. The PMU will also provide copies of the RPF, and disclosable versions of the RAP reports to the public in its Secretariat, Ministry of Public works, Ministry of Finance and Development Planning, Ministry of Commerce and Industry, Cooperative Development Authority, Liberia Land Authority and at CARI from where the public can access them for any comments. The RPF and any subsequent RAPs prepared for the project specific activities shall be cleared and be disclosed on World Bank’s external website. All RAPs prepared and guided by the RPF shall also be similarly disclosed as well as to PAPs and stakeholders in a manner and language understood by them before its implementation. 98 | P a g e CHAPTER TWELVE: MONITORING AND EVALUATION MONITORING AND EVALUATION PLAN In order to assess whether the goals of the resettlement and compensation plan are met, a Monitoring and Evaluation Plan (MEP) will be required. This monitoring plan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. Objectives And Approach The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components: Internal monitoring – undertaken by the Monitoring Officer within MoA, External evaluations – undertaken by an external agency e.g. independent entity/consultant Internal Monitoring Process The overall objectives and tasks of the internal monitoring process are: • Tracking progress of RAP implementation including number of PAPs compensated, relocated and assistance to vulnerable. • Creation of a mechanism to analyze M&E data against a pre-resettlement baseline; and • Regularly respond to M&E findings by adapting existing measures or by modifying implementation processes. The monitoring process will be used to analyze progress and change at regular intervals and shall be linked to the various stages of the RAP, as follows: During Resettlement During resettlement, M&E should focus on resettlement issues such as: Number of families that have been moved. Number of people given possession and legal papers to new property (land or house) Impacts on livelihood and income Registration of unemployed people 99 | P a g e After the physical relocation is completed, monitoring shall focus on rehabilitation issues and status on each of the measures will be assessed, for example: Target date for completion (e.g. within two months of resettlement). Progress to date Progress in the last month Target for the month Reasons for delay, if any; and Action to be taken, including specific responsibilities of other members of implementation team. Socio-economic assessment to ensure minimal impacts – that the PAPs are not worse off than before the RAP process. The project will make use of digital technology for supervision and monitoring of resettlement implementation whenever relevant given the COVID-19 restrictions. External Monitoring Process External monitoring will be conducted by external agency e.g. independent entity/consultant. The program management structure will be envisaged to enable effective communication and distribution of responsibilities amongst different participants of the RETRAP at all different levels. The external evaluation process will be informed by internal monitoring reports. ESS 5 requires that for all projects with significant involuntary resettlement impacts, the Borrower will commission an external completion audit of RAP when all mitigation measures have been substantially completed. The completion audit will allow the relevant stakeholders to verify that all resettlement measures identified in the RAP were implemented or otherwise, and that involuntary resettlement have been completed in compliance with ESS5. As necessary, the audit will propose corrective actions to meet objectives not yet achieved. The audit will also evaluate the actions prescribed in the RAP and determine whether the desired objectives with regards to livelihood restoration and enhancement has been achieved. Responsibility Of The Authorities The role of the implementing authorities is critical in the operationalization of the Resettlement Policy Framework. The following are important points to observe: - Ensure that there is trust between the PAPs and the authorities throughout the process by being transparent in every action and sharing information. Being realistic with time frames and sequencing of related activities: when registration will be completed, when assessment will be completed, when computation of entitlements will be carried out, when payments will be made by whom and where, 100 | P a g e when the acquired land will be vacated and when the contractor will move on site. Adhering to the agreed and publicized timetable of delivery of compensation is critical. This calls for a deliberate effort to ensure: Funds for compensation are ready set aside and accessible when payment commences. The location for resettlements is demarcated and available without encumbrances for those who opt to be relocated. Indicators To Determine Status Of Affected People These indicators are most important with respect to the RPF policy on resettlement and compensation. They will be informed by the baseline survey and will provide the council and the World Bank data and trends for refocusing the project and for improving delivery as a whole. The following will be considered: Number of affected persons by types of losses Status of resettlement with timelines whether met or outstanding affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and The local communities remain supportive of the project. Specific indicators may include the following, which would indicate a change in: quality of, and access to services, number of people employed. number of people engaged in income-generating activities; number of vulnerable people; sources of income; expenditure pattern. INDICATORS TO MEASURE RAP PERFORMANCE In terms of the resettlement process, the following indicators could be used to understand the success of the measures identified and the working of the relevant parties in implementation the RAP: • Percentage of individuals selecting cash or a combination of cash and in-kind • Compensation; • The number of contentious cases as a percentage of the total cases; • The number of grievances and time and quality of resolution; • The ability of individuals and families to re-establish their pre-displacement activities; • Number of impacted locals employed by the civil works contractors; • General relations between the project and the local communities. 101 | P a g e These will be determined through the following activities: • Questionnaire data will be entered into a database for comparative analysis coordinated by the PCT; • Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received; • The PCT will maintain a complete database on every individual impacted by the subproject land use requirements including • Relocation/resettlement and compensation, land impacts or damages; and the PCT should prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports. Where possible, data will be disaggregated and reported by gender, youth, people with disabilities and other disadvantaged groups. MOA and MPW are responsible for monitoring RAP(s) implementation. MOA and MPW will all be responsible for incorporating and tracking progresses on these indicators. Table 21:RAP Monitoring Indicators No. Monitoring Specific indicator frequency On the basis of pre-project’s baseline survey, provide number of PAPS: i)whose livelihoods have been restored to pre-project level, Social and ii) whose livelihoods have improved beyond pre-project Economic level, 1 monitoring iii) whose livelihoods are worse than pre-project level. Annual Provide number of PAPs: i) whose private structures have been Private restored/constructed to pre-project level, ii) whose structures private structures made better / improved beyond pre- project level, iii) whose private structures are made 2 worse than pre-project level Monthly Provide number of PAPs: i) whose private structures have been restored/constructed to pre-project level, ii) whose private structures made better / improved beyond Public pre-project level, iii) whose private structures are made 3 Structure worse than pre-project level Monthly Track progress on: i) number and type of economic crops replanted by Economic affected farmers, ii) number of farmers who have Crops restored their income to pre-project level, iii) number of farmers who have not restored their income to pre- 4 project level, iv) number of farmers whose income has Monthly 102 | P a g e been restored beyond pre-project level, v) number of affected farmers who have changed their livelihoods from farming to other livelihood activities, Track progress on: i) number of affected businesses that have resumed business operation, ii) number of Assistance to businesses that have restored their net income to pre- Businesses project level, iii) number of businesses that have restored their net income beyond pre-project level, iv) number of 5 affected businesses that have not resume operations. Monthly Provide number of vulnerable PAPs: i) whose livelihoods have been restored to pre-project level, ii) whose livelihoods have improved beyond pre-project level, iii) whose livelihoods are worse than pre-project Vulnerable level, iv) who have received assistance from the special Groups package, v) who are sick and who benefited from health service in the project area, vi) number of disable friendly facilitates constructed by the project such as access ramp from main road to their living quarters or 6 neighbourhood, Monthly Provide number of affected tenants: i) who have found new rental places, ii) who reported that the rental allowance is inadequate, iii) who showed satisfaction Tenants over their new rental places compared to the ones they occupied before the project, iv) number of tenants who 7 have not yet found rental places. Monthly Track grievances and report: i) number of cases at each Grievances impact location, ii) the number of cases resolved, iii) and grievance number of cases pending, iv) reasons for pending cases, management v) frequency of GRMs meetings, vi) description of 8 system compliance to GRM procedures Monthly On the basis of the census and entitlement matrix, the post RAP compensation payment audit exercise will verify and confirm: i) overall total number of PAPs paid full compensation) total number of private structure owners (PAPs) paid full compensation ; iii) total number of public structures (fences and signboards) paid full Post RAP compensation iv) total number of economic crops Compensation (rubber trees, oil palm trees and sugar cane) paid; v) total Payment number of business owners (loss of income/revenue) Audit paid compensation ; vi) total number of tenants paid three months rental assistance on ; vii) total number of landlords paid three months rental losses viii) total number of vulnerable people paid full special assistance (3 months rental, living and transitional allowances); ix) 9 number of PAPs who are not paid full compensation ; x) Annually 103 | P a g e compensation cases disputed channeled to GRMs and status of each case; xi)potential and actual residual social risks and proposed mitigation measures. 104 | P a g e REFERENCES • Demand Analysis Report- Republic of Liberia. http://www.manage.gov.in/ftf-itt/demand/Liberia.pdf • Government of Liberia (GoL), 1986. Constitution of the Republic of Liberia • Government of Liberia (GoL), 2018. Liberia Land Authority Act • Government of Liberia (GoL), 2001. Revised Rules and Regulations Governing the Hinterland of Liberia • Liberia Institute for Statistics and Geo-Information Services - Government of Liberia - Household Income and Expenditure Survey 2016. • Liberian Laws and Regulations — USAID Natural Resource Management and Development Portal. http://rmportal.net/library/content/liberias-land-rights-and-community- • Liberia Insecurity of Land Tenure, Land Law and Land Registration in Liberia; October 2008. http://documents.worldbank.org/curated/en/158491468050694915/pdf/461340ESW0P10310Box 334099B01PUBLIC1.pdf • Local Government Act 2015: • Ministry of Finance and Development Planning 2015. Annual Economic Review. https://www.mfdp.gov.lr/index.php/economic-outlook • Ministry of Gender and Development 2009: The National Gender Policy: http://www.africanchildforum.org/clr/policy%20per%20country/liberia/liberia_gender_2009_en. pdf • Resettlement Action Plan (Rap) for Ganta To Tappita Road (100 Km) http://documents.worldbank.org/curated/en/425421510962301689/pdf/SFG3795-RP-P149279- Box405310B-PUBLIC-Disclosed-11-17-2017.pdf • Siân, H. (2014): Conflict analysis of Liberia. https://gsdrc.org/wp- content/uploads/2015/07/LiberiaCA.pdf (February 2014) • Truth and Reconciliation Commission (TRC). (2009). Republic of Liberia Truth and Reconciliation Commission Volume II: Consolidated Final Report, June 30, 2009. TRC. http://trcofliberia.org/resources/reports/final/volume-two_layout-1.pdf • Wily, L. A., 2007. ‘So Who Owns the Forest’ An investigation into forest ownership and customary land rights in Liberia. https://www.sdiliberia.org/sites/default/files/publications/2008_So_Who_Owns_the_Forest%20( fullReport).pdf (accessed 4 April 2017) • World Bank (WB), 2017. ESF and ESS 5 and 10 - Involuntary Resettlement http://documents.worldbank.org/curated/en/425421510962301689/pdf/SFG3795-RP-P149279- Box405310B-PUBLIC-Disclosed-11-17-2017.pdf • World Bank Environmental and Social Framework, 2017 105 | P a g e http://documents.worldbank.org/curated/en/383011492423734099/pdf/114278-WP-REVISED- PUBLIC-Environmental-and-Social-Framework.pdf ANNEXES ANNEX 1: ANNOTATED OUTLINE FOR PREPARING RAP This template is extracted from WB ES Standards 5. Its full description can be found in the World Bank external website. The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context. A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following: The followings are the indicative “Table of Contents� that the consultant should follow while preparing and finalizing the RAP: Table of Contents List of Figures List of Tables Definitions Abbreviations Executive Summary CHAPTER ONE: INTRODUCTION • Background Understanding • Aim and Objectives of the RAP • Justification for the preparation of a RAP • RAP Methodology CHAPTER TWO: DESCRIPTION OF THE PROJECT • Description of the project State CHAPTER 3. DESCRIPTION OF THE PROJECT. General description of the subproject activities to be undertaken and identification of the project area. 106 | P a g e CHAPTER 4. PROJECT POTENTIAL IMPACTS. Identification of: (a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project. (b) the zone of impact of such components or activities. (c) the scope and scale of land acquisition and impacts on structures and other fixed assets. (d) any project-imposed restrictions on use of, or access to, land or natural resources. (e) alternatives considered to avoid or minimize displacement and why those were rejected; and (f) the mechanisms established to minimize displacement, to the extent possible, during project implementation. CHAPTER 5. OBJECTIVES. The main objectives of the resettlement program. CHAPTER 6. CENSUS SURVEY AND BASELINE SOCIOECONOMIC STUDIES. The findings of a household-level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures, and other fixed assets to be affected by the project. The census survey also serves other essential functions: a) identifying characteristics of displaced households, including a description of production b) systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population. c) information on vulnerable groups or persons for whom special provisions may have to be made. d) identifying public or community infrastructure, property or services that may be affected. e) providing a basis for the design of, and budgeting for, the resettlement program. f) in conjunction with establishment of a cut-off date, providing a basis for excluding ineligible g) people from compensation and resettlement assistance; and h) establishing baseline conditions for monitoring and evaluation purposes. As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: (g) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (h) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; and 107 | P a g e (i) social and cultural characteristics of displaced communities, including a description of formal (a) and informal institutions (e.g., community organizations, ritual groups NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. CHAPTER 7. LEGAL FRAMEWORK. The findings of an analysis of the legal framework, covering: (a) the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment. (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project. (c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and (d) gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps. CHAPTER 8. INSTITUTIONAL FRAMEWORK. The findings of an analysis of the institutional framework covering: (a) the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons. (b) an assessment of the institutional capacity of such agencies and NGOs/CSOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. CHAPTER 9. ELIGIBILITY. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cutoff dates. CHAPTER 10. VALUATION OF AND COMPENSATION FOR LOSSES. The methodology to be used in valuing losses to determine their replacement cost, and a description of the proposed types and levels of compensation for land, natural resources, and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. CHAPTER 11. COMMUNITY PARTICIPATION. Involvement of displaced persons (including host communities, where relevant): 108 | P a g e (a) a description of the strategy for consultation with, and participation of, displaced persons in resettlement activities. (b) a summary of the views expressed and how these views were considered in preparing a) the resettlement plan. (c) a review of the resettlement alternatives presented, and the choices made by displaced persons b) regarding options available to them; and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. CHAPTER 12. IMPLEMENTATION SCHEDULE. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. CHAPTER 13. COSTS AND BUDGET. Paragraph and tables showing categorized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. CHAPTER 14. GRIEVANCE REDRESS MECHANISM. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should consider the availability of judicial recourse and community and traditional dispute settlement mechanisms. CHAPTER 15. MONITORING AND EVALUATION. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. CHAPTER 16. ARRANGEMENTS FOR ADAPTIVE MANAGEMENT. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. 109 | P a g e ANNEX 2: STAKEHOLDERS CONSULTED # Stakeholder Interest during project Status of Engagement implementation 1 Ministry of Agriculture-Project The developer of the project and Meeting held on 8th Management Unit gives direction of the study February 2021 2 Environment Protection Agency General environmental Meeting held on 15, (EPA) considerations February 2021 3 Farmer groups at at Nimba, Bomi Proposed beneficiaries of the Meeting held on 10th and Bong and Lofa counties RETRAP, Impact on land, crops, 16th February 2021 property, businesses, and trade during construction works 5 Impacted Communities/persons Impact on land, crops, property, Meeting held on 16th in the project area businesses, and trade during February 2021 construction works 6 Private sector players and NGOs ensure that the process of Meeting held on 17th (NADAIL and CHAP) resettlement and compensation is February 2021 NGOs (SEARCH, LADA) sufficiently participatory and transparent. Trainings implement the community development programs, capacity building delivering community projects to PAPs villages under the Livelihood and Income Restoration (LAIR) program. Grievance redress 7 CARI Beneficiaries of the RETRAP 17th February 2021 8 Liberia Lands Authority General urban and Rural planning Meeting held on 19th considerations February 2021 9 Liberia Revenue Authority Involved valuing of property Meeting held on 18th February 2021 ANNEX 3: PERTINENT ISSUES RAISED FROM STAKEHOLDER CONSULTATIONS FOR THE PREPARATION OF THE RPF Key issues discussed during stakeholder engagements are explained in annex 3: below. Views from stakeholders Resettlement, In case there are any issues related to livelihood changes, damage, or displacement Livelihoods, and of farmers’ property during implementation of the RETRAP, owners should be 110 | P a g e compensation compensated. issues County officials have not had any experiences on land acquisition and resettlement. Where project will affect people’s livelihoods, the government should ensure that they are compensated. Land Land Acquisition comes in only if land is owned by individuals. Most of the land is communally owned and people welcome projects especially if they are going to benefit from them. Employment The project should support livelihood of small holder farmers, they should create jobs for the farmers. Most of the farmers are technicians in rice production. The level of unemployment is high within the community. Youths prefer moving to the city and towns to look for jobs. The project should focus on introducing the youth into farming activities, the need for capacity building would reduce the rate of migration. Local people in project communities should be given priority for available job opportunities. Project MoA that provides support to farmers has a challenge of lack of monitoring monitoring implemented projects. Some farmer groups complained and attributed the low production from their crops to the lack of monitoring of projects from MoA officials. Monitoring would help the officials understand what challenges affect farmers and be in a better position to provide assistance. County and district local authorities should be involved in monitoring project implementation and would especially be useful in grievance management in project communities. There are community leaders who would be useful in creating awareness about the project, resettlement and laws governing it. The project should consider involving them. EPA is concerned about reporting general over-sight on agricultural projects due to shortage of manpower in some counties which makes it hard for the Agency to get on-ground status of project implementation. The suggestion to have environmentalist safeguards staff at the PMU for RETRAP is welcomed by the Agency. These staff are willing to be part of recruitment process to give technical assistance to such a process (i.e. formulation of ToRs, short-listing and interview process); Capacity The Ministry of Agriculture does not have internal capacity to manage resettlement issues. Since the RETRAP project may have some degree of displacement or loss of economic activities as a result of construction of infrastructure, there is need to have a sociologist/social development specialist to handle social and resettlement issues as well as an Environmental Specialist to handle environmental issues. Most of the agricultural activities have lots of implications on the environment on a number of fronts namely, post-harvest issues, irrigation, mechanization, crop protection, livestock and agri-business amongst others. It is also evident that, for now most financing partners are keen on environmental safeguards issues in the projects and the need for timely production of safeguards documents. In view of these, stakeholders feel that, the agency needs to institutionalize its environmental and cross-cutting issues, for sustainable management. A deliberate Environmental 111 | P a g e and Social Management Unit should be set up and staffed with at least two specialists namely; Environmental Management and Social Development Specialists whose roles should be to institutionalize cross-cutting themes into the Unit and majorly, play an interphase role between the Unit, MoA, Bank and EPA in terms of environmental reporting and monitoring; The counties and districts have staff in office however, they lack knowledge on social, environment and social issues. There is a need for capacity enhancement, awareness, and sensitization. Consultations There should be a need for community engagement in crops production and specifically, Climate Smart Agriculture (CSA) with the communities in view of unreliable rains for the crop General issues Request from the community members for provision of machines and operators (such as tractors and power tillers) to help improve their agricultural productivity and to enhance the ability of the cooperative in the production of food crops and tree crops. The terrible condition of roads continues to cause problems for farmers. The farmers expressed their concerns over the very poor roads that impede access to transport their produce. Therefore, they requested that farm to market routes should be rehabilitated. There was concern on no market for their produce. They therefore would be glad if RETRAP program could support by linking them to markets. There are very few wage jobs and there is need to explore the avenues to involve the youth in agriculture. There are also growing problems of pests getting resistant to pesticides and, the pesticides are increasingly unable to fight pests due to adulteration, poor storage, and lack/failure to give correct use/dosage information and a host of other limitations. NADAIL is doing a good job to organize and empower agro-dealers and raise awareness on the part of farmers on risks of improper handling and application of pesticides despite their popular usage. However, they have a host of limitations in terms of capacity to effectively reach out to all the corners of Liberia, there is issue of room or office space for training of agro-dealers leave alone information management. These need support for timely and effective discharge of information to the farmers; ANNEX 4: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (Filer of Complaint): __________________________________ ID Number: __________________________________ (PAPs ID number) Contact Information : __________________________________ (Location ; mobile phone) Nature of Grievance or Complaint: ____________________________________________________________________________________ ______________________________________________________________________________ 112 | P a g e Date Individuals Contacted Summary of Discussion ____________ __________________ ___________________________ Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint: __________________________(if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution Date of Conciliation Session: ______________________________________ Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ____________________________________________________________________________________ ____________________________________________________________________________________ __ Summary of Conciliation Session Discussion: ____________________________________________________________________________________ ______________________________________________________________________________ Issues _______________- ______________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: Signed (Conciliator): ___________________________ Signed (Filer): ________________ Signed: ___________________________ Independent Observer Date: ___________________________ 113 | P a g e ANNEX 5: GRIEVANCE CLOSE OUT FORM Grievance Close Out Form GRIEVANCE CLOSE OUT FORM Grievance closeout number Define long term action required (if necessary) Compensation required: Y N Verification of Corrective Action and Sign off 1 Corrective Action Steps: Due date: 2 3 COMPENSATION ACTION AND SIGN OFF This part will be filled in and signed by the complainant when he/she receives the compensation or the file is closed out. Notes: Date: >………………………………… Complainant Representative of Responsible Party Name and Signature Name and Signature >…………………………….. >……………………………………….. 114 | P a g e ANNEX 6: MINUTES OF STAKEHOLDER CONDULTATIONS Meeting with community members of Gbedin Town- Nimba County Date of the Meeting 10th February 2021 Meeting Proceedings Recorded by Dickson Chewolo Location of meeting: Gbedin town Subject of the Resettlement Policy Framework for Rural Economic Transformation Meeting Project (RETRAP) Item Summary of proceedings 1 Introduction The chairperson welcomed the team and thanked members for attending The MoA-PMU Environmental Safeguards Officer explained the proposed project and purpose of the consultation exercise and how findings would be utilised in preparation of the project. Brief overview RPF is to address any issues related to livelihood changes, damage, or displacement of farmers’ property during implementation of the RETRAP, owners should be compensated. The participants were asked if there are land acquisition or land owned by individuals. Most of the land are communally owned and people welcome projects especially if they are going to benefit from them. 2 Summary of proceedings Land for growing is currently very small. Currently there is 410 acres of land available and this is not enough for agricultural production. The remaining land needs new development such as clearing, irrigation systems to be used. The community is considering starting replanting oil palm trees however, they lack resources. Oil palm was last grown in 1972. There was request that MoA should support farmers in replanting. Farmers are not interested in growing rubber trees. The RETRAP project should not introduce Rubber production. The project should support livelihood of small holder farmers, they should create jobs for the farmers. Most of the farmers are technicians in rice and cassava production. The was request from the community members for need of trainings in technical skills, in business management, post-harvest handling etc. Request from the community members for provision of machines and operators (such as tractors and power tillers) to help improve their agricultural productivity and to enhance the ability of the cooperative in the production of food. Currently there is one tractor and 1 power tillers which are individually owned operating and this not enough. There was a request that the RETRAP project should support by offering at least one tractor to help make work easy and faster. The chairman noted that with having an additional tractor, they will do their best to cultivate all the land and increase productivity (one tractor can cultivate 10 acres a day). There was request for provision of farmers with Agro-equipment as well as modern tools for example new technology to help ease their work. 115 | P a g e The terrible condition of roads continues to cause problems for farmers. The farmers expressed their concerns over the very poor roads that impede access to transport their produce. Therefore, they requested that farm to market routes should be rehabilitated. There was concern on no market for their produce. They reported growing their crops but lacked market. They therefore would be glad if RETRAP program could support by linking them to markets. There are very few wage jobs and there is need to explore the avenues to involve the youth in agriculture. The level of unemployment is high within the community. Youths prefer moving to the cities and towns to look for jobs. The project should focus on introducing the youth into farming activities, the need for capacity building would reduce the rate of migration. Avenues for the introduction of modern technology especially for the processing of produce is welcome for this project. Currently the farmers have one tractor, and manually harvest the rice which is labour intensive. There is a big challenge of water for the farmers, the project needs to come up with some interventions to ensure sustainable water supply for the rice farmers and its efficient usage. Needs such as mechanization and irrigation schemes were suggested by community farmers. The farmers lack warehouses to store their rice and other produce they grow. The RETRAP project should consider such interventions. Government involvement into agricultural programs is a challenge. The RETRAP project should ensure that MoA will provide accessible market to buy produce from them. There has been a challenge of MoA not monitoring projects that are implemented. There should be follow ups and monitoring of the RETRAP projects to motivate the farmers to work together to overcome challenges. Infrastructure without skills development and capacity building does little to improve quality of life and eradicate poverty. Therefore, the RETRAP project should have capacity building for the farmers to help improve productivity. Land is available; in case the RETRAP project wants to acquire land for the infrastructure, it is welcome. However, compensation in case of affected crops or structures should be compensated for since it’s a source of livelihood. In event that the project affects people’s livelihood, MoA should ensure that people are compensated, and livelihoods are improved. The community has grievance committee that settles land disputes between farmers, abuses among others. The committee is comprised of youth, elders, town chiefs and a secretary. They have a chairman for development who is in charge of development projects that come into the community. There are CBOS that are involved in rice production; that is Kakeaba Gowee Farmers Association and Dorgeale Farmers Association. These supply seedlings to the farmer groups, carry out trainings (farm preparation, farm nursery to transplanting among others). Meeting with Technical Engineering officials in Gompa city in Nimba County Date of the Meeting 12th February 2021 116 | P a g e Meeting Proceedings Recorded by Dickson Chewolo Location of meeting: City Hall Subject of the Resettlement Policy Framework for Rural Economic Transformation Meeting Project (RETRAP) Item Summary of proceedings 1 Introduction 2 A meeting was held with the technical engineering team in the office of the city mayor, Gompa city in Nimba County. The CAC welcomed the team to office. A representative of MoA-PMU introduced the consultant and gave a brief description of the RETRAP project. The consultant explained the purpose of the visit and scope of the project; gave a brief description of the project in relation to RPF. The following was explained: MoA is to implement the RETRAP project It is a WB funded project The project is to help farmers to increase productivity in agriculture Project if implemented may bring about environmental, social and land acquisition issues. The project is meant to improve agricultural productivity therefore, interventions such as construction of infrastructure may lead to land take and livelihood changes for communities as well as environmental and social issues. Therefore, need to develop an RPF. Beneficiaries of the project include farmer’s communities, women groups, youth SMEs research institutions among others. 2 Summary of proceedings They welcome the project in Nimba County and hope that Gompa city community members/farmers will benefit from the project. It was a good gesture for the team to come and inform the authority about the proposed project. Hope that MoA will implement it. There is need for MoA to ease farm-to-market access. The roads leading to agricultural farms are in terrible state thus affecting farmers ability to sell their produce. Access to markets for farmers’ commodity can empower smallholder farmers to generate more income and expand production. Agriculture is the key to food security in both urban and rural areas of Liberia. Introducing better agricultural methods and provision of mechanized equipment will boost agricultural productivity. The government has plenty of land which can be given to farmer groups. There are low land farms that need to be improved. The labor-intensive nature of the work is one of the factors impeding youth from joining agricultural programs. To address this problem RETRAP project should provide mechanized tools such as tractors, power tillers to groups of farmers. RETRAP should strengthen the capacity of the Nimba county farmers through finance and the provision of mechanized equipment. The area does not have past experiences on resettlement and compensation of communities. Therefore, if RETRAP is going to affect community livelihood, they should be compensated. In case the RETRAP project is going to affect people’s livelihood, they should be 117 | P a g e compensated for what will be affected. The communities should be well informed about the project before it is implemented. Extensive consultations should be carried out so as the community members and farmers own the project. Local authority too should be informed and made aware of the project interventions. lack of technical and financial capacity to improve rice, cassava, and vegetable production. Lack of access to market for commercialization of farmers produce. The RETRAP project should ensure that they link farmers to market so that they benefit from their produce MoA is a ministry that is existing but not working. Projects are implemented; however, the Ministry does not monitor them. For this project, the request was that farmer groups under the project must be inspected by MoA officials to ensure that quality standards are met. Gompa city officials should be involved early. Provide incentives for students such as scholarships to study agriculture. Meeting with Bong Administration 17th Date of the Meeting February 2021 Meeting Proceedings Recorded by Dickson Chewolo Location of meeting: Administration office Subject of the Resettlement Policy Framework for Rural Economic Transformation Meeting Project (RETRAP) Item Summary of proceedings 1 Introduction Introductions were made, MoA representative explain a brief of RETRAP 2 Summary of proceedings Bong County was one of Liberia food basket. Major challenge is Liberia importing rice and vegetables, yet they have potential to grow and benefit from it. Hope the RETRAP project to address the issues farers face to reduce the importation of food in Liberia. The project should involve Agricultural extension officers. There should be capacity building, training of agricultural officers, farmer groups. Major challenges facing farmers include lack of sustainable support, tools, sometimes climate change, and access to farm to market, lack of storage facilities, and processing machines. The project should employ the local communities especially the youth. Where project will affect people’s livelihoods, the government should ensure that they are compensated. Food security is a big issue in our country. If we work together and get the different types of empowerment like financial support, materials, and other support, we will boost food security and make more money 118 | P a g e Meeting with County Agricultural Coordinator- Bomi County Date of the Meeting 17th February 2021 Meeting Proceedings Recorded by Dickson Chewolo Location of meeting: County offices Resettlement Policy Framework for Rural Economic Transformation Subject of the Meeting Project (RETRAP) Item Summary of proceedings Introduction The County Agricultural Coordinator (Mr. Edmond Greves) welcomed the team The MoA-PMU Environmental Safeguards Officer explained the proposed project and purpose of the consultation exercise and how findings would be utilised in preparation of the project. The consultant explained the need for an RPF for the RETRAP project. Issues discussed by members They have not had any experiences of resettlement except the West Africa Power Pool project that affected people and were compensated for affected property. Land Acquisition comes in only if land is owned by individuals. Most of the land is communally owned and people welcome projects especially if they are going to benefit. MoA should involve the authority especially during implementation of the project. Accessibility to farming communities is a big challenge, this makes farm to market difficult. There should be capacity building, training of agricultural officers, farmer groups. Major challenges facing farmers include lack of sustainable support, tools, sometimes climate change, and access to farm to market, lack of storage facilities, and processing machines. Need for capacity trainings in environment and social aspects. There are field staff at the County administrations such as environmental officer, community superintendent that can be trained in environmental and social safeguard policies. Need for logistics. This has been an issue. Monitoring to communities becomes a challenge as they lack transport (vehicles). The community has vulnerable people; they are categorized as elderly, blind, single mothers, and Ebola victims. Therefore, assistance should be given to such categories of people in case the project affects them. For example, there are farmers who are blind in Bomi and assistance is given to them by providing them with able bodied individuals to carry out farming and the county officials monitor them to ensure that work is done. There should be a need of community engagement in rice production and specifically, Climate Smart Agriculture (CSA) with the communities in view of unreliable rains for the crop Meeting with Farmer Group (DTI Community)- Suehn Town, Bomi County Date of the Meeting 16th February 2021 Meeting Proceedings Recorded by Dickson Chewolo Suehn Town local Location of meeting: authority 119 | P a g e Subject of the Resettlement Policy Framework for Rural Economic Transformation Meeting Project (RETRAP) Item Summary of proceedings 1 Introduction • The team was welcomed by the farmer group members • The MoA-PMU Environmental Safeguards Officer explained the proposed project and purpose of the consultation exercise and how findings would be utilized in preparation of the project. • The consultant explained the need for an RPF for the RETRAP project. 2 Summary of proceedings The farmer group called DTI community have 171 active members carrying out farming activities, where 44 are women and 127 are men. They work as community-based organizations They mainly grow cassava Some own private land, while others are on communal land. They got support from MoA who supported them with materials such as hand hoes, cassava sticks. Job should consider job opportunities for the community members specially the youth. Need for technical support in terms of tools to improve agricultural productivity. Materials are requested; however, the challenge is they are delivered late when planting season has ended. Community meetings should be carried out. NGOs come bring projects however, they do not provide capacity building to sustain the project. Most times materials are provided, and farmers lack knowledge on how to use them. Lack of monitoring by the ministry; they do not monitor to find out challenges affecting farmers and hence loose morale. There is lack of market for their produce. A lot is grown but there isn’t market therefore some farmers have lost interest in agriculture. There are no local NGOs in the area to support them. The terrible condition of roads continues to cause problems for farmers. The farmers expressed their concerns over the very poor roads that impede access to transport their produce. They have one cassava processing plant. There was a request from the farmers for a second one to help boost their productivity. There was an inquiry on when the project will commence and how effective will it be. The PMU representative informed the farmers that the project is at the initial stage and it is the reason the RPF are to be developed. He further informed them that there will be continuous engagements and involvement with farmers and community members. The farmer groups requested for advanced technology tools to help boost productivity. Currently they use local tools which slow their work. Meeting with Special Emergency Activity to Restore Children’s Hope (SERACH) 120 | P a g e Date of the Meeting 15th February 2021 Meeting Proceedings Recorded by Dickson Chewolo Location of meeting: SEARCH offices Subject of the Resettlement Policy Framework for Rural Economic Transformation Meeting Project (RETRAP) Item Summary of proceedings 1 Introduction The Program coordinator welcomed the consultant to SEARCH organization. The consultant explained briefly about the RETRAP project to be implemented by MoA with funding from World Bank. Further explained the purpose of the carrying out a RPF for the project. 2 Summary of proceedings The PMU Environmental Safeguards Officer and the consultant met with the Program coordinator of Special Emergency Activity to Restore Children’s Hope (SERACH), an NGO which was founded in 1999. The team explained the purpose of the visit especially on matters relating to the RETRAP project safeguards preparation process, the need for an RPF. The project coordinator gave a brief explanation about SEARCH and how it is involved with communities. Below was the discussion: SEARCH was founded in 1999 after the crisis of the war in Liberia. It is mainly based in Nimba County, Grand Gedeh. Addresses the needs of women and children affected by war. However, they are also involved in, re-integration of Liberia, work with refugee population, work with women, girls, and youth empowerment in terms of skill training, business grants and agricultural trainings. Carry out community health services. Give business loans and carrying out trainings as well as follow up on people’s businesses. 3 The organization has not carried out any land acquisition projects. The road project had contracted them to carry out awareness sensitization on communities that were going to be affect by the road project, but the contract was never signed and therefore they did not experience the resettlement process. 4 The RETRAP project should contract NGO or CBOs to carry out awareness meetings with communities where the project will be implemented in areas of HIV/AIDS, conflicts amongst community members, need for peaceful co-existence since the project will involve workers, community needs among others. 5 The project should ensure community participation, the farmers should be involved at the initial stages. 6 There is need for capacity training for stakeholders especially in resettlement aspects since this is a new concept 7 Land acquisition and Resettlement guideline should be clearly spelt out. MEETINGS WITH THE PRIVATE SECTOR PLAYERS AND NGOS 121 | P a g e The Consultant held meetings with private sector players especially National Agro-Dealers Association of LIBERIA (NADAIL) focusing on the management and application of agro-pesticides, pesticides abuse and health risks. Meeting was also Community of Hope Agriculture Project (CHAP) to discuss aspects of community engagement in rice production and specifically, Climate Smart Agriculture (CSA) with the communities in view of erratic rains for the crop. 122 | P a g e 123 | P a g e