SFG2276 REV REPORT Project for Integrated Urban Economic Development Environmental and Social Management Framework Prepared by: Dr. Zef PREÇI, Social Safeguard Expert Prof. Dr. Seit SHALLARI, Environmental Expert July 2016 Project for Integrated Urban Economic Development Environmental and Social Management Framework LIST OF ACRONYMS ACER Albanian Center for Economic Research ADF Albanian Development Fund DCM Decision of the Council of Ministers EIA Environmental Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan GoA Government of Albania GRM Grievance Redress Mechanism IoCM Institute of the Cultural Monuments IPRO Immovable Properties Registration Office LGC Local Grievance Committee LGU Local Government Unit MoUD Ministry of Urban Development OMP Operational Management Plan PAP Project Affected Persons PCU Project Coordination Unit PIUED Project for Integrated Urban Economic Development RAP Resettlement Action Plan RPF Resettlement Policy Framework WB World Bank WD Working Days 2 Project for Integrated Urban Economic Development Environmental and Social Management Framework TABLE OF CONTENTS 1. Background 6 2. Purpose of the PIUED project 7 2.1. Project objectives 7 2.3. Proposed project area 7 2.4. Scope and Objectives of the ESMF 8 3. Legal and Regulatory Framework on the Environmental Assessment 9 3.1. Background 9 3.2. Law on Environmental Protection 9 3.4. Law on Environmental Impact Assessment 10 3.5. Laws and Regulations in the Field of Cultural Heritage and Chance Finds 12 3.6. EU EIA Directive 14 3.7. The Espoo Convention 14 3.8. Comparison of WB Policies and Albanian Law 15 4. Legal and Regulatory Framework on Social Impacts 16 4.1. Jurisdiction of the Framework 16 4.2. Legal Property Framework and Property Evaluation Criteria 16 4.3. Legal Criteria on the Compensation and Evaluation of Properties 19 4.4. World Bank Criteria for Determining Eligibility for Compensation 20 4.5. Gaps between Albanian Laws and World Bank Policies 22 5. General Environmental Aspects in Southern Albania 23 5.1. Introduction 23 5.2. The biodiversity area 25 5.3. Protected areas 26 6. Procedures and Guidelines to address project environmental and social issues 26 6.1. Guiding Principles and Basic Approach 26 6.2. Screening Process and Environmental Impacts 26 6.2.1. Screening and Scoping 27 6.2.2. Environmental Site Sensitivity 27 6.2.3. Definition of project activity category 28 6.2.4. Environmental Impacts Management Guidelines and Procedures 29 6.3. Social Screening Process and Impacts Management Guidelines and Procedures 29 6.3.1. Principles on Social Impacts Management 29 6.3.2. Screening Process in Land Acquisition and Resettlement 31 6.3.3. Possible Categories of Social Impacts 35 6.3.4. Conditions to be Followed in the Resettlements Procedure 36 7. Institutional Framework and Arrangements 36 7.1. Environmental Institutional Framework 36 7.2. Institutional Arrangements for the Land Acquisition and Resettlement Process Implementation 38 7.3. Capacity Building and Training Plan 38 8. Consultation Process on the ESMF and PIUED 39 8.1. Consultation Process on the ESMF 39 8.2. Consultation with Affected Populations 40 8.2.1. Mechanisms for consultations 40 8.2.2. Grievance Redress Mechanisms 41 9. Arrangements for project environmental and social monitoring and evaluation 42 9.1. Internal monitoring 43 9.2. External Monitoring and Evaluation 43 3 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annexes: 45 Annex 1. PIUED Components and Subcomponents 45 Annex 2. Terms of Reference for the ESMF 47 Annex 3. Description of potential project areas 54 A. Description of urban centers that will benefit from integrated urban implementation activities project 54 2.1. Gjirokaster "City of Stone" (40°04′33″N; 20°08′20″E) 54 2.2. Berati, “Town of a Thousand Windows” (41°19′N; 19°27′E) 55 2.3. Permeti (40°14′0″N, 20°21′0″E) 57 2.4. Saranda, Albanian tourism Gate (39°52′30″N, 20°0′36″E) 58 2.5. Ksamili (39°46′0″N,20°0′0″E) 58 2.6. Butrinti (39°44′46″N, 20°1′13″E) 59 B. Touristic sites pre-selected that will benefit from project implementation activities 59 2.7. Narta Lagoon (40°29′57″N, 19°27′26″E) 59 2.8. Orikumi (40°20′0″N, 19°28′0″E) 61 2.9. Karaburuni Peninsula 62 2.10. Karaburuni to Dhermi 63 2.11. Dhermi village to Porto Palermo 64 2.12. Cape Qeparo to Cape Qefali 64 2.13. Cape Qefali to Cape Stillo 64 2.14. The Blue Eye (39°55′25″N, 20°11′34″E) 64 Annex 4. General Environmental Mitigation Plan 66 Annex 5. Environmental Monitoring Plan Error! Bookmark not defined. Annex 6. Social Screening Process 76 Annex 7. Steps Leading to Preparation of the Resettlement Action Plan 77 Annex 8. Possible Outline and Contents for the RAP/ARAP 78 8.1. Contents for Resettlement Action Plan 78 8.2. Contents for Abbreviated Resettlement Action Plan 81 Annex 9. Resettlement Linkage with Specific Activities of PIUED 82 Annex 10. Procedures in the Framework of a RAP implementation 83 10.1. Notification, Valuation Procedures and Entitlements 83 10.2. Budgetary Implications and Funding 86 Annex 11. Institutional Arrangements for Implementation of the Resettlement and/or Land Acquisition Procedure 87 Annex 12. ESMF Public Consultation Meeting – Minutes of Meeting 90 Annex 13. Proposed Indicators for Social Monitoring Plan 95 4 Project for Integrated Urban Economic Development Environmental and Social Management Framework LIST OF TABLES Table 1. International Conventions and Agreements Ratified by Albania .............................. 12 Table 2. Laws adopted after the ratification of international conventions by the Republic of Albania ............................................................................................................................. 13 Table 3. Property Losses Categories ........................................................................................ 17 Table 4. Table of GAPs of Albanian Legislation and World Bank Policies ........................... 22 Table 5. Protected Areas in the Region ................................................................................... 26 LIST OF FIGURES Figure 1. Map of Albania based on UN Cartographic Section ................................................ 24 Figure 2. Assessment of the impact significance based on the magnitude level and environmental sensitivity. ................................................ Error! Bookmark not defined. 5 Project for Integrated Urban Economic Development Environmental and Social Management Framework 1. Background The Government of Albania (GoA) is currently implementing an ambitious reform program aiming at accelerating growth, creating jobs, restoring trust in government and furthering progress toward the EU accession. As part of this effort the GoA is moving towards a regional approach to development. The proposed Regional Development Law is at the final stage of approval and aims to establish four Regional Development Areas (RDAs) and specific Regional Development Agencies. This reform aims to achieve (i) greater impact through an integrated approach and alignment among programs in a given territory; (ii) greater cohesion in territorial development, through the implementation of regional development strategy for the country, and in the medium term (iii) the establishment of mechanisms to channel EU Structural Funds and other development funds. This reform is in early stages with associated regional mechanisms requiring further development. During the past year the GoA, through the Ministry of Urban Development (MoUD), has developed key strategic instruments for the territorial development of the country including the South of Albania. The MoUD has recently completed the preparation of the National Territorial Development Strategy (NTDS) and the Coastal Management Strategy (CMS). These strategic documents provide a sound vision and strategic direction for the development of the country over the next fifteen years (2015-2030). A Strategic Environmental Assessment has been conducted for these two development strategy (NTDS and CMS) and the Ministry of Environment has approved the environmental declaration issued on May 9, 20161. In the current national context of territorial reform and increased selectivity in borrowing funds to maintain fiscal space, the GoA has made a strategic decision that the proposed World Bank-supported Project for Integrated Urban Economic Development (PIUED) would focus on the South of Albania. This region is considered a priority given its impressive natural and cultural endowments and development pressures that may negatively shape these landscapes if sustainable urban planning considering integration of environmental and social aspects is not implemented. Consequently, the proposed Project is viewed as an opportunity to demonstrate the value of having both a regional and an integrated approach, particularly with regards to the potential for leveraging private sector capital. The PIUED is expected to play a critical role to pilot and demonstrate an innovative and integrated approach to implement regional development in line with the new NTDS and the CMS. 1 http://www.mjedisi.gov.al/al/dokumenta/vleresimi-strategjik-mjedisor-vsm 6 Project for Integrated Urban Economic Development Environmental and Social Management Framework 2. Purpose of the PIUED project 2.1. Project objectives The proposed PIUED project will be a catalyst for regional development in the South of Albania, leveraging funds from other development partners and the Regional Development Fund. It will support the Government of Albania‟s vision to promote regional development by improving urban infrastructure, enhancing cultural assets and strengthening institutional capacity to support local economic development in selected areas in the South of Albania. The Project will provide a model for replication to other regions to use an integrated approach to leverage their endowments and competitive sectors for sustained economic growth. Given that both the NTDS and the CMS identify tourism and culture (culture based tourism) as one of the main drivers for economic development in the South of Albania. The Project is expected to finance activities aimed at promoting the development of a sustainable, competitive and diversified local economy leveraging the recognized potential of tourism sector. 2.2. Project Beneficiaries and Components The primary beneficiaries of the proposed project are the inhabitants in selected municipalities (Berat, Gjirokastra, Saranda and Permet) and visitors in the South of Albania who will benefit directly from improved urban infrastructure services and improved tourism offers. Inhabitants of selected municipalities are also expected to benefit from increased economic opportunities. Selected municipalities are home to around 84,000 residents and the South of Albania as a whole is visited – on an annual basis - by an estimated 527,000 tourists2. The Government is expected to benefit from increased overall tourism spending, job creation, improved institutional capacity of municipalities and selected government agencies, and improved capacity to operate and maintain assets. The Proposed project will consist of the following components: Component 1. Urban upgrading and infrastructure improvement (USD 50 million). Subcomponent 1A: Integrated urban and town upgrading. Subcomponent 1B: Integrated satellite sites upgrading. Component 2. Institutional capacity building (US$8.0 million). Subcomponent 2A: Building capacity for municipal service delivery. Subcomponent 2B: Building capacity for sustainable tourism growth Component 3: Implementation Support (US$2.0 million). A detailed description of the components can be found in Annex 1. 2.3. Proposed project area The proposed project is expected to focus on the South of Albania (Figure 1)comprising the area between Vlora and Saranda and covering both the Coast and hinterland (including Berat, Permet and Gjirokaster). This area is highlighted in the CMS for its tourism and cultural economic development potential. 2 The national tourism statistics system is not well developed and does not include sub-national or regional statistics. Estimates are based on the share of tourists that are thought to visit the South of Albania using entries to key cultural monuments in the area as a proxy. 7 Project for Integrated Urban Economic Development Environmental and Social Management Framework The proposed project is expected to support primary, specialized urban centers – as defined in the CMS and NTDS - in the South of Albania and their surrounding areas. Investments are expected to focus on urban infrastructure upgrading in selected urban areas in the South of Albania and on selected cultural heritage and touristic sites enhancement along connecting corridors. 2.4. Scope and Objectives of the ESMF As the technical evaluation (e.g., feasibility studies, detailed designs) and specific intervention locations under the project will not be completely identified and/or ready and their specific impacts will not be known by project appraisal, the preparation of this ESMF, in addition to a Resettlement Policy Framework (RPF) describes the overall environmental and social safeguard procedures to be undertaking during project implementation. Therefore, the purpose of this ESMF is a guide to the Environmental and Social Assessment process relevant to the proposed project activities. It serves how to manage the project potential adverse impacts in line with the Bank operational policy OP 4.01 on Environmental Assessment and the relevant national laws, to set out the process of how environmental and social impacts are to be assessed, addressed and managed for project activities as yet to be identified. Initial project activities for the first year have been identified and are supported by specific safeguards instruments (ESMP). Further, the ESMF includes the set of mitigation, monitoring measures, and institutional responsibilities to be taken during the project implementation. In addition the ESMF covers general mitigation measures for possible impacts of different proposed activities to be supported by the project; implementation arrangements for project environmental and social aspects, relevant capacity building activities, consultation process etc. This ESMF is the document focused on the overall project implementation. Specific ESMPs for investments identified during project implementation, will be prepared in due time before works may commence. The RPF information, part of this ESMF, serves to assess and mitigate potential social impacts associated to land acquisition and economic or physical displacement of population required for the project. Finally, this ESMF will be an integrated part of the Project Operation Manual (PoM) and is applicable to all linked investments financed in the project areas regardless of their funding source or implementing agency. 8 Project for Integrated Urban Economic Development Environmental and Social Management Framework 3. Legal and Regulatory Framework on the Environmental Assessment 3.1. Background In general terms, the Albanian Constitution that was adopted by Albanian Parliament in 1998 requires institutions to maintain a healthy environment, ecologically suitable for present and future generations. In the last decade and especially since 2001, a number of laws and other legal acts on the environment have been drafted and approved. The Albania national legal framework is largely harmonized with EU legislation. The Albanian legal framework regarding environmental and socioeconomic issues is based on the Constitution of the Republic of Albania and consists of laws and regulatory acts, such as Decisions of the Council of Ministers (DCM), ministerial acts, regulations, guidelines and standards. 3.2. Law on Environmental Protection Environmental legislation is governed by the Law on Environmental Protection No. 10431, dated June 9, 20113. This Law sets out principles, requirements, responsibilities, rules and procedures to ensure a higher level of environmental protection and includes dispositions for environmental impact assessment as a tool for environmental protection, aiming to identify and define the possible direct and indirect effects on the environment mainly to prevent these effects. Article 5 defines the principle of sustainable development:” Public authorities, through the development, adoption and implementation of normative acts, strategies, plans, programs and projects within their competence, promote sustainable economic and social development, using natural resources in order to meet current needs and preserve the environment, without prejudice the possibility of future generations to meet their own needs”. This Law establishes national and local policies on environmental protection, requirements for the preparation of environmental impact assessments and strategic environmental assessments, requirements for permitting activities that affect the environment, prevention and reduction of environmental pollution, environmental norms and standards, environmental monitoring and control, duties of the state bodies in relation to environmental issues, role of the public and sanctions imposed for violation of the Law. 3.3. Law on Protected Areas The law no. 8906, dated 06.06.2002 “on the Protected Areas” has laid down the framework for the proclamation, administration, management and sustainable use of protected zones and natural biological resources. The law also provides the basis for the development and mitigation of „environmental tourism‟ and other economic benefits and for the provision of information and education to the general public. The primary goal of the law is to provide special protection of the most 3 This law is harmonized with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Official Journal L 143 , 30/04/2004 P. 0056 - 0075 9 Project for Integrated Urban Economic Development Environmental and Social Management Framework important components of natural reserves, biodiversity and in general nature, through the implementation of a protected areas network based on the International Union for Conservation of Nature (IUCN)4 categories system. Furthermore the law defines the priorities and strategic objectives for the management of each category of protected areas. Protected Areas in Albania have been for the most part considered as forest areas and they have historically been administered by the Directorate General of Forestry and Pastures (GDFP) within the Ministry of Agriculture and Forestry. Within the law nr 8906 /2002 “For the Protected Areas”, the Ministry of Environment has been given the primary supervisory role for protected areas in Albania and is responsible for:  Proposing areas to be protected.  Preparing the legal and managerial procedures to propose and declare a protected area.  Compile management plans for protected areas.  On-going monitoring / regulation of management. The law “For the Protected Areas” states that whilst the primary administrative role lies with the Ministry of Environment and GDFP, the interests of other ministries have to be taken into account. The protected areas of Albania include 15 National Parks, 5 Protected Landscape Areas, 4 Strict Nature Reserves, 26 Managed Nature Reserves, and other protected areas. Main protected areas are being equipped with trail markings, while reforms in administration such as the building of information centers are being gradually implemented5. National Agency of Protected Areas (NAPA) is created by the Council of Ministers decision. No. 102, dated 04.02.2015, aimed management, protection, development, expansion and operation of the surfaces of protected areas, which today account about 16% of the territory of Albania. NAPA manages the network of protected areas and other natural networks as Natura 2000. 3.4. Law on Environmental Impact Assessment The new law on Environmental Impact Assessment No 10 440, dated July 7, 2011 is approximated to the Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment6. This law aims to protect the environment through prevention, minimization and compensation of damages from proposed projects which may cause direct or indirect significant adverse impacts on the environment due to their size, nature or location before the projects are approved. Further, the law defines the guidelines for the environmental impact assessment, the parties that must be involved and the obligation of environmental authorities to make all existing information for the compilation of EIA reports available to project developers. A special provision has been anticipated for Specially Protected Areas where development of projects 4 IUCN/CNPPA Management Categories for Protected Areas 5 https://en.wikipedia.org/wiki/Protected_areas_of_Albania 6 Law No 10 440, dated 7. 7. 2011 “on environmental impact assessment” 10 Project for Integrated Urban Economic Development Environmental and Social Management Framework will not be allowed, with exemptions for some particular cases. Provisions for trans-boundary impacts are also part of this law. The EIA Law defines the type and scale of the projects that require an EIA before implementation. The law prescribes two levels of EIA system for projects (i) preliminary EIA and (ii) detailed EIA. - Preliminary EIA. This is for projects that may have less potential impacts. They include projects listed in Appendix 2 of the Law on EIA. - Profound EIA. This is for projects with significant potential impacts, as listed in Appendix 1 of the Law, those projects listed in Appendix 2 which the MOE considers will have a significant impact on the environment (including activities that are to be implemented in a protected area). The EIA procedure for profound also includes: public debate and consultations with relevant authorities. The key laws related to environmental protection and assessment are listed below: - Law No. 10119/09 "On Territory Planning," amended by Law No. 10258, dated 21.04.2010 and Law No. 10315 dated 16.09.2010;  Law No. 9700, dated 26.03.2007 “On environmental protection from transboundary impacts;”  Law No. 9478, dated 16.02.2006 “On the accession of the Republic of Albania to decisions II/14 and III/7, amendments of Espoo for Environmental Impact Assessment in the transboundary context;"  Law No. 8897, dated 16.05.2002 “On air protection” as amended by Law No. 10266, dated 15.04.2010;  Law No. 9424, dated 06.10.2005 “On the ratification of the strategic environmental assessment protocol;”  Law No. 9010, dated 13.2.2003 “For environmental administration of solid wastes” as amended by Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licences, Permits and Authorizations in the Republic of Albania;”  Law No. 9115, dated 24.07.2003 “On the administration of polluted waters” (amended b y Law No. 10448/11 “On Environmental Permits”  Law No. 8906, dated 06.06.2002 “On protected areas” as amended by Law No. 9868, dated 04.02.2008;  Law No. 10463, dated 22.09.2011 “On Integrated Waste Management.”  Law No. 9048, dated 07.04.2003 “On Cultural Heritage;” as amended by Law No. 9592, dated 27.07.2006;  Law No. 9882, dated 28.02.2008; and Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licences, Permits and Authorisations in the Republic of Albania;”  DCM No. 676, dated 20.12.2002 “On declaring the Albanian Nature Monuments as Protection Zones;”  Law No. 8756, dated 26.03.2001 “On civil emergencies” as amended by Law No. 10137, dated 11.05.2009 “On Some Changes in Legislation in Force for Licenses, Permits and Authorizations in the Republic of Albania;” 11 Project for Integrated Urban Economic Development Environmental and Social Management Framework  Law No. 8093, dated 21.03.1996 “On water reserves” as amended by Law No.8375 dated 15.07.1998;  Law No. 8905, dated 06.06.2002 “On protection of marine environment from pollution and harm”. Besides the Albanian legal framework, EIA process respects the international obligations provided from international conventions and agreements ratified by Albania. The following table show the conventions and agreements which are related to the environment and have been ratified by the Republic of Albania over the years. Table 1. International Conventions and Agreements Ratified by Albania Convention name Ratified by Albania Ramsar Convention on Wetlands (1971) 29/02/1996 Convention on Biodiversity (Biological Diversity) (1992) party since 1994; party to the protocol since 2005 Bern Convention (1976): Conservation of European Wildlife and Natural Habitats 13/01/1999 UNESCO Convention concerning the Protection of the World Cultural and Natural 10/07/1989 Heritage (2003) UN Framework Convention on Climate Change (UNFCCC) 01/12/1994 Aarhus Convention (Convention on Access to Information (1998), Public 27/06/2001 Participation in Decision making and Access to Justice in Environmental Matters) Bonn Convention or CMS (1979); Convention on the Conservation of Migratory 01/09/2001 Species of Wild Animals Barcelona Convention (1976); Convention for the Protection of the Mediterranean 09/07/2004 Sea against Pollution Kyoto Protocol 01/04/2005 UNESCO Convention for Safeguarding the Intangible Cultural Heritage (2003) 04/04/2006 Espoo Convention: Convention on Environmental Impact Assessment in a Trans 12/05/2006 boundary Context together with amendment and Protocols (1991) Convention on the Protection of Underwater Cultural Heritage (2001) 19/03/2009 Source: MoE, 2016 3.5. Laws and Regulations in the Field of Cultural Heritage and Chance Finds Projects for all types of building above ground and underground and engineering infrastructure projects across the entire country are based on standards and technical requirements of legal acts in force. Law No. 10119/09 "On Territory Planning," amended by Law No. 10258, dated 21.04.2010 and Law No. 10315 dated 16.09.2010, is the main legislative tool in Albania relating to urban planning, and aims to integrate the urban planning legislative framework into a single law. Law No. 10119/09 entered into force on 30 September 2011. The main purpose of this law is to provide a sustainable development of the territory through the rational use of land and natural resources. This law includes the concepts of natural and cultural heritage protection and of the community‟s health and safety protection. Additionally, the law mentions integrated planning instruments to be designed for Coastal areas, for cultural, natural and environmental heritage and landscapes, as well as for other areas of common importance or interest. 12 Project for Integrated Urban Economic Development Environmental and Social Management Framework The protection of cultural heritage in Albania is addressed by the Ministry of Tourism, Culture, Youth and Sports and several specialized institutions within the Ministry of Education and Science. Within the Ministry, the Department of Cultural Heritage oversees the Institute of Monuments, the nine National Museums, and the Centre of Registration of Cultural Property. Cultural heritage includes: archaeological sites, historic buildings (isolated and in districts), graveyards and places invested with traditional meaning of a historical, cultural or religious nature. Law 9048 (“Cultural Heritage Act”) approved on April 7th, 2003 (as amended by Law No. 9592, dated 27.07.2006; Law No. 9882, dated 28.02.2008) is the primary legal framework governing the management of tangible and intangible cultural heritage in Albania. Law 9048 represents the first effort to extend legal protection to material within the field of intangible cultural heritage. Its contents include: Categories of Albanian cultural heritage to be protected (i.e. tangible, intangible, movable, immovable); Definitions and examples of tangible and intangible heritage; Responsibilities of relevant institutions and government bodies; Penalties for those who damage cultural heritage; and Mitigation procedures. Article 4 lists the tangible, immovable values that are to be protected, which include, but are not limited to: Archaeological sites; Historic structures (including places of worship); Historic towns and neighborhoods; Cemeteries and graves; and Historic landscapes. Law 9048 was amended by Law 9592 dated 27.07.2006. Amendments included 1) the introduction of the National Committee of National Heritage as an advisory body and 2) the creation of the National Committee for Intangible Heritage (NCIH). Law 9048 was amended again by Law No. 9882, dated 28.02.2008. The 2008 amendments incorporated articles reconstructing the network of specialized cultural heritage institutions and articles dealing with the creation of the National Council of Archaeology and specialized institutions such as the Albanian Archaeological Service. According to the law, if anything unusual will be found during the digging and excavation process the contractor has to stop immediately works, urgently inform the local authorities, the Culture Monuments Institute and also the Ministry of Culture. They will send archaeologists and field specialists in order to check and evaluate the supposed archaeological objects and the works will restart only after the official permit given by the Culture Monuments Institute. Also, Albanian respects the international obligations provided under international conventions and agreements ratified by Albania in the framework of cultural heritage. Table 2. Laws adopted after the ratification of international conventions by the Republic of Albania Convention name Ratified by Albania Law no. 9490, dated 13.03.2006 "On the Ratification of the Convention for the 2006 Safeguarding of the Intangible Cultural Heritage", Paris 2003 Law nr.9806, dated 17.09.2007 On the Ratification of the European 2007 Convention "On Protection of the Archaeological Heritage" Law No. 10 027, dated 11.12.2008 "On accession of the Republic of Albania to 2008 the Convention on the Protection of Underwater Cultural Heritage", Paris 2001 Source: http://www.kultura.gov.al/al/baza-ligjore 13 Project for Integrated Urban Economic Development Environmental and Social Management Framework 3.6. EU EIA Directive The Environmental Impact Assessment (EIA) was introduced in Europe in 1985 by the EIA Directive (85/337/EEC) and represents a key instrument for European Union environmental policy7. The EIA Directive of 1985 has been amended three times: - Directive 97/11/EC brought the EIA Directive in line with the UN ECE Espoo Convention on EIAs in a Trans-boundary Context. The 1997 Directive widened the scope of the EIA Directive by increasing the types of projects covered and the number of projects requiring mandatory environmental impact assessment. It also provided for new screening arrangements, including new screening criteria for projects, and established minimum information requirements; - Directive 2003/35/EC sought to align EIA Directive provisions with the Aarhus Convention on public participation in decision-making and access to justice in environmental matters; and  Directive 2009/31/EC amended Annexes I and II of the EIA Directive, adding projects related to the transport, capture and storage of carbon dioxide (CO2). On 28 January 2012, Directive 2011/92/EU on the effects of public and private projects on the environment was published in the Official Journal. Directive 2011/92/EU codifies Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (EIA Directive) and its associated amendments. Directive 2011/92/EU fully preserves the content of the acts being codified and does no more than bring them together with only such formal amendments as are required by the codification exercise itself. The scope of this Directive is to ensure that plans, programs and projects likely to have significant effects on the environment undergo an Environmental Assessment prior to their approval or authorization. While Annex I contains a list of projects for which the EIA is mandatory, Annex II defines those categories of projects whose ESIA is optional and at the discretion of the community member states. On 16 April 2014, Directive 2011/92/EU on the effects of public and private projects on the environment was amending by the Directive 2014/52/EU of the European Parliament and of the Council of amending on the assessment of the effects of certain public and private projects on the environment. 3.7. The Espoo Convention The UN Convention on Environmental Impact Assessment in a Trans-boundary Context (Espoo Convention issued in 1991 sets out the obligations of countries that ratified the Convention to assess the trans-boundary environmental impacts of a project at an early stage of planning. The Espoo Convention was ratified by Albania with Law No. 9478/20068. The process of notification and consultation with the affected parties is driven by the competent authority. However, authorities can ask the developer to prepare notification and 7 http://ec.europa.eu/environment/eia/eia-legalcontext.htm 8 Official Gazette - No. 20, 17 March, 2006, pg. 631. 14 Project for Integrated Urban Economic Development Environmental and Social Management Framework undertake public consultation above and beyond their normal EIA requirements. The developer may also be asked to undertake public consultation with affected parties. The notification and consultation process according to the Espoo Convention comprises the following main elements:  Notification of the affected countries  Preparation of the environmental impact assessment documentation  Consultation between countries concerned  Final decision. All these stages include specific procedural steps required by the Convention. The proposed PIUED project is classified as environmental category “B” that should not have environmental or social trans-boundary impacts. 3.8. Comparison of WB Policies and Albanian Law EIA became an important instrument for environmental sustainability for multi-lateral development agencies, including the World Bank. The Bank introduced EIA – as one of environmental, social, and legal safeguard policies – to identify, avoid, and mitigate the potential negative environmental impacts associated with Bank lending operations. The proposed project investments are expected to be designed to have positive social and environmental benefits. The Project triggers the following World Bank safeguard policies: Environmental Assessment (OP 4.01); Natural Habitats (OP 4.04); Physical Cultural Resources (OP 4.11); and Involuntary Resettlement (OP 4.12).9 Environmental policies in Albania are in line with World Bank Safeguard policies (see above “Legal and Regulatory Framework on the Environmental Assessment”). For detailed information on these policies applicable to the project please visit the referenced website.10 The Albania EIA procedures are generally in line with the World Banks EA process, as all projects require some sort of an environmental screening and possibly assessment in order to receive an Environmental Approval (for construction), and/or an Environmental Permit (for an activity having an impact on the environment, including some construction activities). Furthermore, the type and scale of the project impacts will have on the environment determine the procedures that have to be followed and the type of approval granted. Also all the approvals include conditions that shall be observed by the proposer including environmental monitoring and mitigation requirements. The difference lies in the scope of the EIA required for those projects that fall into World Bank Category A and the Albanian Law on EIA Appendix II. Some projects (e.g., 9 The project also triggers the policy on Projects on International Waterways (OP/BP 7.50). It is envisaged that the planned investments will not adversely change the quality or quantity of water flows to the other riparians, and will not be adversely affected by the other riparians' possible water use. Thus, while the policy is triggered, the project qualifies for an exception to the riparian notification requirement under para. 7(a) of OP 7.50 and no notification will be required. The Project will also comply with the Access to Information Policy. 10 For more information on World Bank Safeguard Policies please visit http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTSAFEPOL/0,,menuPK:584441~pagePK: 64168427~piPK:64168435~theSitePK:584435,00.html 15 Project for Integrated Urban Economic Development Environmental and Social Management Framework wastewater management) are considered as Category A under the World Bank screening, while the same activities/projects under the Albanian Law will require only a Preliminary EIA for populations less than 30,000, unless the MOE decides that the project must undergo a Profound EIA, as discussed above. However, PIUED will be treated as Category B according to WB Op 4.01. For the projects activities which are considered as Appendix II according to national law, a Preliminary EIA will be prepared and approval will be obtained. 4. Legal and Regulatory Framework on Social Impacts 4.1. Jurisdiction of the Framework In implementing this framework, the following will apply: a. In case of any gap or misalignment between the Albanian legal framework applied in the framework of this document and World Bank policies, in accordance to the Law No.10 428, dated 2.6.2011, “On the Private International Law” (article 2)11, the international agreement between them prevails the legislative framework; known also as the supremacy of international agreements. The current loan between the GoA and World Bank for the PIUED is considered to be an international treatment/agreement and therefore its articles and specifications prevails the respective country law. b. Where the landowner has willingly or voluntarily contributed land but is seeking compensation, the assessment for compensation shall be treated as for the case of involuntary land acquisition. c. Where land whose owner has freely contributed but is not seeking compensation for it, the assessment for compensation shall only include assets thereon and not land. d. Compensation shall be limited to valuations made after the cut-off date. A census or small scale census will be undertaken to evaluate the current social condition as per the cut off date, after this latter is specified by the project, as no cut off date is predicted in the Albanian Law. The census will provide as an output also a list of assets affected by the project implementation activities. e. All land conflicts shall be resolved in a transparent manner and in a manner that is not coercive. Attempts shall be made to resolve conflicts at each city. Where this is not possible, courts of law shall be consulted. 4.2. Legal Property Framework and Property Evaluation Criteria The community and population in the areas of the projects will be affected on their properties during the implementation of PIUED according to the type of project activity to be implemented and social impacts related to each loss category. Below we present a table with the main property loss categories and the main type of impacts, accompanied by the type of owner. 11 Law no.10 428, dated 2.6.2011, “On the private international law”, http://www.pp.gov.al/web/ligji_drejten_nderkombetare_private_1_571.pdf 16 Project for Integrated Urban Economic Development Environmental and Social Management Framework Table 3. Property Losses Categories Possible Appropriated Assets Type of Impact Owner Agriculture Land: Affected from the project Owner/ Property Title Holder less than 80% of the total land The rest of the land remains economically usable. Land Affected from the project more than 80% of Owner/ Property Title Holder the total land The rest of the land remains economically unusable Buildings Fully/partially affected structures. Owner/ Property Title Holder Agricultural crops affected by the Owner/ Property Title Holder Agricultural Crops permanent/temporary land appropriation. Trees Cut Trees Owner/ Property Title Holder Temporary Acquisition Temporary Acquisition Owner/ Property Title Holder Loss of Rental Accommodation Residential and Business Tenant Loss of Business Owner/Holder of the business Temporary/permanent loss of business or Business / Employment Business Owner; Employees employment Owner/ Property Title Holder by Relocation Transport and transitional livelihood costs relocation Vulnerable PAPs Livelihood PAP below poverty line Socio-Economic And Cultural Community Identity Public Facilities Community Unforeseen / Unanticipated Impacts On Article 41/4 of the Albanian Constitution12 it is provided: “The expropriations or limitations of a property right that are equivalent to expropriation are permitted only against fair compensation” Furthermore, on the European Convention on Human Rights, it‟s provided in the Art. 1 “Right to property” of the Protocol 113: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions expect in the public interest and subject to the conditions provided by the law and by the general principles of international law…” In this spirit it‟s in power Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”14. The mentioned law provides the entire procedure how an expropriation procedure begins, for which reason, from 12 Albanian Constitution, Article 41/4, http://www.pp.gov.al/web/kushtetuta_perditesuar_822.pdf 13 European Convention on Human Rights, Article 1 “Right to property”, http://www.echr.coe.int/Documents/Convention_ENG.pdf 14 Law No. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”, http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 17 Project for Integrated Urban Economic Development Environmental and Social Management Framework which subject and the right of the owners to contest the evaluation of the property made unilaterally from the state institutions. Anyway, an international agreement ratified by law has priority on application in front of a common law. (Art. 116 of the Albanian Constitution15) Furthermore, if a law creates a collision with an international agreement ratified by law, it will be applied the international agreement. This principle it‟s a guarantee that the international agreement with the Albanian Government with the World Bank, for the loan, it will be applied in priority in front with the legislation in force, especially in front of the mentioned law “On expropriation….”. A short resume of the principles provide by law “On expropriation…” is provided below: • The project aims public interest (Art. 8/ç of Law “On Expropriation...)”16; • The beneficiary subject in the expropriation process will be the relevant Municipality of each city (Art. 9 of the Law “On Expropriation…)”17 • The Municipality needs to submit the request with a list of necessary documents to the Ministry of line, which is the Ministry of Urban Development and to the Institute of Cultural Monuments, in this case (with the structure of actual government); • The line Ministry has to follow the legal procedure, on publishing the request for expropriation, collecting the complaints of the affected owners, and preparing the draft of the sub legal act for the Council of Ministers; • The procedure will be considered complete, when the owners through a statement approve the transaction of the property in favor of the GoA; • The decision for the expropriation (for the owners that do not agree with the expropriation) will be approved by the Council of Ministers and will enter into force immediately, also it will be published in the Official Journal; • The owners affected have the right of complaint to the Court for the compensation and if they don‟t follow this procedure, the decision of the Council of Ministers will be an executive title. Two other legal considerations are to be emphasized: - The devaluation of property18 During the land acquisition for public interest it might happen that some properties will not be necessary to be taken from the owner, but in the same time the owner will not be able to benefit similarly from the property as before and thus he / she has the right to be compensated for the devaluation of his / her property. This situation includes the application of special conditions to the usage of the property. The situation is specified in the Albanian Law as “Compensation for the Devaluation Value of the Property” (article 18), as the value provided to the owner for the partial expropriation of his land and . This situation and conditions is not faced and applied so 15 Albanian Constitution, Article 116, http://www.pp.gov.al/web/kushtetuta_perditesuar_822.pdf 16 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”, Article 8ç , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 17 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”, Article 9 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 18 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest”, Article 18 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 18 Project for Integrated Urban Economic Development Environmental and Social Management Framework often in practice, but it is provided by law, if owners are affected in this manner during the project implementation activities. - The provisional taken on possession of the property19 During the land acquisition it might happen that certain properties are needed to be taken in possession for temporary use, such as the case for expansion of the village road to pass large vehicles during the works for the implementation of the project, so it is taken someone's land temporarily and then reversed it, but on payment of rent. The request to take on provisional possession a property needs to be addressed to the Ministry of Urban Development, describing the property, the reason, the term and the compensation for the owner. The owner has the right to raise a complaint to the court against such decision. 4.3. Legal Criteria on the Compensation and Evaluation of Properties 20 The Council of Ministers Decision No. 138 dated 23. 3. 200021 provides the legal criteria for the evaluation of properties affected by expropriation.  Land: The estimation of expropriated land shall be determined for urban lands, lands within the yellow line town and administrative unit properties according to the prices approved by Council of Ministers Decision deriving from Law No. 9235, dated 29.7.2004 “On restitution and compensation of private properties”22.  Residential properties: Value of expropriation compensation for residential properties is considered the average sales price according to the records of the Immovable Property Registration Office (IPRO).  Industrial and Agricultural properties: The value of expropriation compensation for industrial and agricultural properties is considered the average sales price according to the records of the Ministry of Urban Development. Depreciation of property must be subtracted from the price.  Agricultural land, forested areas, etc: The estimate value of agricultural lands, forested areas, pastures and grasslands is determined from the prices approved by Council of Ministers Decision complementary to the Law No. 9235, dated 29. 7. 2004 “On restitution and compensation of private properties”. In cases where there are no prices approved for certain regions, the evaluation for agricultural lands, forested areas, pastures and grasslands is determined by the average sales price available at IPRO.  Fruit trees: For fruit trees the estimated value is calculated considering costs of investment and expenses. This value is calculated per unit (number of fruit trees) or unit per land surface (m² of vineyard, nursery etc.). The investment present in the land, the total expenses 19 Law no. 8561, dated 22. 12. 1999 “On Expropriat ions and Temporary Takings of the Private Property for Public Interest”, Article 27-37 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 20 As per Albanian Legislation in force. 21 The Council of Ministers Decision No. 138 dated 23. 3. 2000, http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc 22 Law No. 9235, dated 29. 7. 2004 “On restitution and compensation of private properties”, http://www.nchb.al/wp-content/uploads/2014/12/LIGJI _KTHIMIN_KOMPENSIMIN_E_PRONES.pdf 19 Project for Integrated Urban Economic Development Environmental and Social Management Framework and different amortization factors are foreseen by special Ministry of Agriculture directives.23  Crops: For crops the estimated value is calculated based on the expected yield and market unit price.24  Illegal constructions: For investments the owners of properties, who are not registered at the IPRO (without a title), are also expropriated. The entity, which initiates the expropriation has the right to complete the procedure if: the owners of the property have started an administrative process at the Agency for Legalization and Integration of Informal Properties (ALUIZNI) according to Law No. 9482, dated 3.4.2006 "On legalization, urbanization and integration of informal properties (updated”25; in case the illegal building (or additional works on the existing building) have been previously declared and have been qualified later for legalization permit from ALUIZNI, based on the criteria set in the Council of Ministers Decision No.438, dated 28.6.2006 "On the criteria, procedures and required documentation that determine legalization of informal properties” 26; in case when the owners of the property are in the process of taking a legalization permit, etc. 4.4. World Bank Criteria for Determining Eligibility for Compensation According to OP 4.12 of the World Bank 27, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, shall be based on the following: a. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; c. those who have no recognizable legal right or claim to the land they are occupying. Affected persons classified under paragraph (a) and (b) shall be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the project. The compensation shall be in accordance with the provisions of this framework and if affected persons occupied the project area prior to the 23 The Council of Ministers Decision No. 138 dated 23. 3. 2000, http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc 24 The Council of Ministers Decision No. 138 dated 23. 3. 2000, http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc 25 For more, please refer to the Full Version of the Law: http://www.planifikimi.gov.al/sites/default/files/Ligji_nr.9482_per_legalizimin,_urbanizimin_dhe_integrimin_e _ndertimeve_pa_leje,%20i%20ndryshuar_1.pdf 26 For more, please refer to: http://www.aluizni.gov.al/vendim-nr-438-per-percaktimin-e-kritereve-te- procedurave-dhe-dokumentacionit-te-zbatueshem-per-te-kualifikuar-objektet-ne-ndertim-qe-legalizohen-ose-jo/ 27 OP 4.12 of the World Bank, http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentM DK:20064610~menuPK:64701637~pagePK:64709096~piPK:64709108~theSitePK:502184,00.html 20 Project for Integrated Urban Economic Development Environmental and Social Management Framework cut-off date (date of commencement of the Census). Persons covered under sub-section (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy. In addition, they have to be given the necessary assistance to satisfy the provisions set out in this policy, if they occupy the project area prior to the established cut- off date28. All persons in the three sub-sections above are to be provided with compensation for loss of assets other than land. Consequently, this policy advocates for some kind of assistance to all affected persons, including squatters or other persons encroaching on the project area illegally, irrespective of whether they have formal titles, legal rights or not. However, all persons who encroach on the project area after the cut-off date will not be entitled to any compensation or any assistance. Communities including districts, towns, wards and villages permanently losing land, resources and/or access to assets shall be eligible for compensation. Compensation measures shall ensure that pre-resettlement socio- economic status of the communities are restored and maintained. The World Bank Policies require the application of the local laws for the valuation and compensation of losses as far as they fit the principles of the WB (Achieving the replacement cost for lost assets). In every case, as mentioned above, the international agreement between GoA and the World Bank prevail the country legislative framework. For all losses of assets attributable directly to the project, full compensation needs to be done. In the Operational Policy 4.12 is defined an assured compensation as per the replacement cost as below: “With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. 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 materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. “ The OP 4.12 as well defines that when the domestic law does not meet the standard of compensation settled by the WB, at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. However, by the Law No.10 428, dated 2.6.2011, “On the Private International Law”29, any 28 OP 4.12 of the World Bank 29 Law no.10 428, dated 2.6.2011, “On the private international law” (article 2), http://www.pp.gov.al/web/ligji_drejten_nderkombetare_private_1_571.pdf 21 Project for Integrated Urban Economic Development Environmental and Social Management Framework international agreement ratified by law prevails over the provisions of this law, when its provisions do not agree with them30. 4.5. Gaps between Albanian Laws and World Bank Policies Table 4. Table of GAPs of Albanian Legislation and World Bank Policies Albanian Category World Bank Policy Recommendations to Bridge Gaps Legislation Compensation at full replacement cost.  For agriculture land pre-project or pre displacement, whichever is higher, market value of land of Compensation with A. Loss of Land equal productive potential within  Full compensation with the market prices; the price defined the same vicinity;  No expenses for land registration or other before for urban land Families,  For urban land, pre-displacement administrative fees will be charged to the and agriculture land households market value of land of equal size owners and use, with similar facilities and sources within the same vicinity;  Replacement land of equivalent productive potential.  Resettlement assistance to those most vulnerable to restore pre-displacement level livelihoods. Vulnerable groups may - Resettlement assistance in lieu of include but not be limited to: poor or compensation for land occupied landless, women headed households, A. Loss of Land (land, cash, and other assets, No compensation disabled and elderly. employment) to at least restore provided  Encroachers will not be entitled to any Non –title their livelihoods and standards of compensation for their affected holder living to pre-displacement levels. unauthorized/illegal extensions over public land.  Encroachers with economic losses are entitled to assistance for livelihood restoration. Compensation at the B. Loss of prices referred by the - Compensation at full replacement  Law provides the same standard with WB, Homes, Register of Real cost. meaning that nobody will be denied of any Structures Estate Office; - For houses and structures the further opportunity to be compensated. Compensation for the market cost of the materials, Families, structure without title transport, and labor to build a households, with the condition to replacement structure of a similar Structure have applied before quality or better than the affected owners for legalization at the structure. Legalization Agency; C. Loss of Economic Compensation with  Law provides the same standard with WB, - Compensation at full replacement Assets the cost method of meaning that nobody will be denied of any cost Families, evaluation of object. further opportunity to be compensated. households  Rehabilitation assistance for lost or - Measure to assist affected people in diminished livelihoods. improving their former living D. Loss of  In the case of landless families who suffer No provisions standards, income earning capacity, Income partial or total loss of livelihood, provide and production levels, or at least restoring them income generating options and support mechanisms.  Compensation for re-establishing or - Measures to assist impacted E. Loss of Compensation by the reconstructing lost community resources communities to re-establish or re- Community Government with such as religious and cultural structures, develop lost Community resources. Resources market value. irrigation structures.  Restore partially affected structures. 30 As explained previously in the text this means that in case of any gap or misalignment of the Albanian law and World Bank policies, the international agreement between them prevails the legislative framework; known also as the supremacy of international agreements. 22 Project for Integrated Urban Economic Development Environmental and Social Management Framework 5. General Environmental Aspects in Southern Albania 5.1. Introduction The proposed project is expected to focus on the South of Albania comprising the area between Vlora and Saranda and covering both the Coast and hinterland (including Berat, Permet and Gjirokaster). The Albanian Ionian Coast is considered the most important resource upon which depends the future development of the country. Implementation activities of the project aimed at preserving the natural and cultural values and creating the conditions for economic development and tourism in particular. The landscape of Southern Coastal region is characterized by a dramatic topography, which sets the frame for the natural development of habitats and the human influence on these habitats over time. The result is a region, which is visually influenced by two sets of landscape types, specifically the natural landscapes (reliefs, natural catchment areas and naturally developed habitats); and the cultural landscapes (traditional settlements and buildings and their settings, other heritage assets and settings, together with customary tree- crops, agriculture and other land use forms). The appreciation of the presence and importance of the cultural landscapes is the key to understanding nature conservation concepts in the Southern Coastal region. The following are identified as potential points of tourist interest in the Southern part of Albania: Zvernec, Old Town of Orikum, Porto Palermo, Borsh-Zagoria, Labove Church, Castle Libohov and Old Military Barracks in Kelcyre etc. A description of these identified sites is included in Annex No. 3 of this ESMF. Future possible identified sites would be proposed by the beneficiary municipalities as final list of sites, but the impacts on all sites included in the PIUED are planned to have a similar impact of Type B. No Type A category impacts are to be considered in each included site in the overall project. 23 Project for Integrated Urban Economic Development Environmental and Social Management Framework Figure 1. Map of Albania based on UN Cartographic Section Source: UN Cartographic Section (Map of Albania based on UN Cartographic Section: Coastal and inland areas that will be affected by the project) 24 Project for Integrated Urban Economic Development Environmental and Social Management Framework 5.2. The biodiversity area The Southern Albanian Coastal Region is characterized by a significant diversity of flora, habitats and plant associations of a particular national importance. A number of plant species in the area appear on the national list of rare species, a considerable number of plants are distinguished for their specific scientific interest, while many of them are of particular economic values as medicinal plants, oil-bearing plants, industrial or decorative plants, etc. The Southern Coast of Albania represents an important cross of migration routes of the flora of the Balkan Region. The area is very rich with almost 1,400 vascular plant species (representing more than 40% of the total flora of Albania). A large number of rare and endangered species of Albania are found in the area. Many endemic and relict plant species are found inside the study area. The main habitat types of natural vegetation found in the Southern Coastal areas are31: - Vegetation of lowlands or evergreen forests and shrubs, - Mediterranean pine forests (Assoc. Pistacio- Pinetum halepensis), that are not indigenous for the area, - Plant communities dominated by Euphorbia dendroides, Pistacia lentiscus – Allianca Oleo – Ceratonion (Assoc. Pistacxio – Euphorbietum dendroides), - Phrygana vegetation (Assoc. Chrysopogono – Phlometum fruticosae, Assoc. Ericetum manipuliflorae), - Pseudo–steppe vegetation dominated by Brachypodium ramosum (Assoc. Brachypodium ramosi), - Oak deciduous woodlands (Assoc. Quercetum frainetto), - Quercus ithaburensis subsp. macrolepsis, - Mountain coniferous forests (Assoc. Pineto – Abietetum borissi-regis), and - Forests dominated by Pinus leucodermis (Assoc. Pinetum leucodermis typicum). The South Coast of Albania has a rich fauna diversity. In particular, the area holds a very rich fauna of insects (invertebrates). Furthermore, 11 species of amphibians (out of the 15 species known in the country) and 30 species of reptiles (out of 37 species known in the country) can be found in the area. Some 250 bird species are reported from the area, out of 330 species known in the country, which makes the Southern Coastal region a very important area for birds. The area is an important site for birds of prey, with the rare lesser kestrel and Egyptian vulture among a range of notable raptors. Passerines occur with a very large diversity, owing to the significant variation in topography and habitats. Aquatic birds are important in the Southern part of the area, where Butrinti Lake has recently been designated as a Ramsar site, owing to its richness in water birds. The study area is very rich in mammals. Some 55 species out of 71 species known in Albania are expected to appear along the Southern Coast of Albania. 17 mammal species belong to the Red List of Globally Threatened Mammals. 31 from: MedWedCoast 2005: Management Plan. Complex: Llogara - Rrëza e Kanalit - Dukat - Orikum - Tragjas - Radhimë - Karaburun. Final Draft. GEF/UNDP-MoE Conservation of Wetland and Coastal Ecosystem in the Mediterranean Region. 25 Project for Integrated Urban Economic Development Environmental and Social Management Framework 5.3. Protected areas A wide range of habitats are found in the study area, such as: high mountain ecosystems (up to 2,000 m); alpine and sub-alpine grasslands; different types of forests (mixed conifers and broadleaved, mixed broadleaved dominated by deciduous trees, broadleaved dominated by evergreen trees, shrubs and maquis, alluvial forests); lowland pastures; sandy and rocky Coastal habitats; Coastal wetlands such as Butrinti lake, Bufi (Rreza) lake and Orikumi lagoon; streams, torrents and karstic springs; caves, etc. The summary in the Annex No 3 indicate the status and geographical data of natural protected areas which are in the project area of influence. A table of protected areas in the project area is listed in the table below. Table 5. Protected Areas in the Region No Name of Protected Area Location Notes 1 Vjosë-Nartë Vlora Protected Landscapes 2 Karaburun Vlora Nature Reserve Protected and Nature Park 3 Karaburun-Sazan Vlora Nacional Park 4 Llogara Vlora Nacional Park 5 Porto Palermo Vlora Protected Landscapes 6 Butrinti Saranda National Park, UNESCO World Heritage Site, Ramsar site 6. Procedures and Guidelines to address project environmental and social issues 6.1. Guiding Principles and Basic Approach Overall, the set of guiding principles for developing the environmental assessment instruments relevant to the PIUED will encompass the following concepts: 1. Integrate environmental and social objectives into the feasibility study process. These studies often provide a significant opportunity to integrate environmental and social objectives as part of the planning process. As such, ToRs to incorporate environmental and social objectives into the studies, plans and policy formulation will be included within the scope of work; 2. Promote transparency through stakeholder participation and public information disclosure. Since many studies promote improved planning, this provides an excellent opportunity to promote broad stakeholder engagement and participation. 3. Promote analysis of alternatives 4. Promote environmental and social capacity building and institutional strengthening. The project will provide an opportunity to build counterpart capacity for integrating environmental and social concerns into their work. Support for capacity building will come in the form of training, monitoring and reporting. 6.2. Screening Process and Environmental Impacts Project activities will have similar impacts and relevant mitigation and monitoring measures. Therefore, no large scale impacts are foreseen. The impacts will be mostly related to dust, 26 Project for Integrated Urban Economic Development Environmental and Social Management Framework noise, solid waste, wastewater generation during pre-construction and construction activities etc. 6.2.1. Screening and Scoping All the project activities of PIUED will be subject to an environmental screening in order to prevent execution of projects with significant negative environmental impacts. An environmental impact is an estimate or judgment of the significance and value of environmental effects on physical, biological, social or economic environment. Low, medium and high representing impact or level of importance associated with a factor. The impact level depends on duration, reversibility, magnitude, benefit, significance etc. The project will have the following proposed approach for addressing environmental and social issues and will include the following safeguard instruments:  This Environmental and Social Management Framework (ESMF) prepared prior to appraisal and approval of the PIUED Project, to inform the overall environmental and social performance of the Project;  Two ESMPs for activities to be initiated in the first year that have been identified at the time of appraisal: (i) Berat Castle cobblestone road rehabilitation; and (ii) the rehabilitation of stairways in the city of Saranda;  An initial screening of identified sub-projects (for first year and subsequent years of project implementation) selected in line with specific set of criteria will identify issues to be included in the Terms of reference of Feasibility Studies and detailed designs. The ToRs for the Feasibility Studies will include provisions for environmental and social safeguards, including long-term impacts, so that the products (FS, design) will be prepared taking in consideration possible impacts on environment;  During or after the Feasibility Studies (FS) are completed, additional screening of proposed sub-projects will be carried out by ADF to determine if Site Specific Environmental and social Management Plans or ESIAs are needed;  Specific Environmental and Social Impact Assessments (ESIAs) and/or Environmental and Social Management Plans (ESMPs), and other safeguard instruments as required (e.g. environmental checklists, Resettlement Action Plans (RAPs) etc.) will be prepared by consultants selected by the designer for all investments once the Feasibility Studies are completed and technical details will be available during project implementation following the guidance established in this ESMF;  The basic instrument will be ESMP to manage all construction related impacts. Additional screening of the project will determine whether or not additional instruments are needed. 6.2.2. Environmental Site Sensitivity The required safeguard work will be commensurate with potential environmental and social impacts. The screening process and project sites will determine the sensitivity of the site. The PIUED project activities will be developed in the areas with different sensitivity level. In the 27 Project for Integrated Urban Economic Development Environmental and Social Management Framework figure below areas with specific cultural and heritage values as Berati and Gjirokastra could be evaluated with high sensitivity. In other sites the environmental sensitivity will be evaluated case by case. The areas with common status could be evaluated with low or medium sensitivity. Even though, the environment is sensitive in some cases, the project is not expected to have significant or irreversible social impacts given the rehabilitative nature of works to be financed. Land acquisition is anticipated to be minor and peripheral given that works will take place on existing infrastructure on public land. 6.2.3. Definition of project activity category Project activities are expected to be at the level of category B, according to EIA Albanian law and WB policies. Each project activity category will be decided based on the magnitude of the impact, sensitivity of the site and the impact significance level (figure 2). Potential negative environmental impacts may include: (i) temporary construction -related effects on noise, dust, and air quality; (ii) temporary localized water quality impacts resulting from possible drainage and sewage pollution; and (iii) temporary changes in access to, and the use of, public spaces during construction. Small scale rehabilitation works are envisaged in Zvernec Island and Narta Lagoon or at the Blue Eye which are protected areas in line with national legislation. However, these rehabilitation physical interventions will not lead to conversion or degradation of critical or other natural habitats. Table 6. Components of the project, possible implementation activities and their impact Component 1. Urban upgrading and infrastructure improvement Impact magnitude and Site environmental significance level Project The PIUED Activity Sites implementation activities or activities sensitivity Subcomponent 1A: The upgrading of parks, city squares, Integrated urban street networks and associated M, L M, L upgrading infrastructure Rehabilitation of sidewalks, Gjirokastra, streetlights and touristic sites visitors‟ M, L M, L Berat centers, parking, signage etc. Permet Restoration of facades and roofs of Saranda. heritage buildings M, L M, L Housing façade improvements. Water supply Sewage network rehabilitation, Solid M, L M, L waste collection Restoration of selected heritage and Zvernec-Narta Subcomponent cultural assets, P-Palermo 1B: Integrated Improving of infrastructure such as Orikum M, L M, L satellite sites and last mile access, pedestrian pathways, Butrinti town upgrading visitors‟ centers and signage Blue eye Creation of rest stops or viewpoints 28 Project for Integrated Urban Economic Development Environmental and Social Management Framework along the touristic corridor. Component 2. Institutional capacity building NA NA Component 3: Implementation Support NA NA Component 1 intends to finance physical works linked to revitalization of urban areas along the southern coast including rehabilitation and upgrading of municipal infrastructure (streets and public places water supply and sanitation networks, etc.) as well as restoration of known historical buildings. The envisaged activities are not expected to have irreversible adverse and unprecedented environmental or social impacts and are realistically anticipated to be transitory, peripheral, and minor. Component 2 supports a diverse set of capacity-building activities related to sustainable tourism development in the targeted project areas, including support to local government on destination management. For capacity building activities as well as technical studies, including the feasibility studies and detailed design of investments, will incorporate screening of environmental and social safeguard risks, assessment of impacts in line with relevant World Bank Group operational policies. 6.2.4. Environmental Impacts Management Guidelines and Procedures General impacts, related mitigation measures and monitoring requirements for the proposed project activities are presented in annex 4. Mitigation Plan and annex 5 Monitoring Plan respectively. The tables will be used as a guidance tool and further revised once the project activities will be specifically known based on technical details. Monitoring of key parameters will ensure proper identification of raising issues in order to flag actions from relevant agencies. Site- specific mitigation will be developed once the technical parameters and feasibility studies are prepared for the infrastructure investments during project implementation. 6.3. Social Screening Process and Impacts Management Guidelines and Procedures 6.3.1. Principles on Social Impacts Management The PIUED will include key principles in compliance with international good practices for resettlement and World Bank Resettlement Policy: i. Consultation and participation of affected communities: Throughout the process of the development and implementation of the project and its specific activities, consultation with affected communities and relevant stakeholders is an essential element in citizens‟ engagement which is basic to public support, stakeholder input, and a positive outcome of a given activity. Where land acquisition impacts are a factor in a given activity, consultations on land acquisition compensation procedures, and related impacts are to be undertaken and documented in the resettlement instruments for each specific activity; (Resettlement Action Plan (RAP) or Abbreviated RAP for impacts on less than 200 people (ARAP)). Participation of PAPs in the RAP‟s preparation and implementation is essential for a transparent and effective resettlement. 29 Project for Integrated Urban Economic Development Environmental and Social Management Framework ii. Minimization of resettlement: It is fundamental to demonstrate that the designs and configurations of specific project activities to be supported by the project have minimized any physical and economic impacts on households and communities. iii. Ensure and guarantee the provision of any necessary compensation or other entitlements in advance of taking land or restriction of access to land. iv. Transparency of factors determining compensation: A consensus must be reached with those who will be affected so that fair and equitable compensation is made for land, structures, trees, and other affected assets. Compensation is determined on the basis of replacement value, including materials, labor, and transport, for structures and fixed assets. Land is compensated at the prevailing markets rates in the area. Where land is an important economic resource, provision of replacement land (land-for-land) is the first option. v. Resettlement must take place to ensure PAPs benefit: those who are affected will be given priority in employment opportunities that arise from the project. vi. In case of any event during the implementation of the project any unpredicted impact will be handled using the same arrangements as for the previous impact management. If using an NGO to monitor and oversight is the chosen option, specific tasks of an NGO are an additional helpful item. RAPs will document alternatives considered and selected in this regard. The same resettlement policy framework will be applied if there are unanticipated impacts on people, later during project implementation. vii. Establishment of resettlement baseline data: The following activities will be successfully completed in order to have an inventory of the affected properties. Activities undertaken: • An Inventory of affected assets and land, its use and size, needed to help determine fair and reasonable compensation levels or other mitigation measures agreed by the affected person(s). • A census – socio-economic baseline survey which provides details of household demographics, health status, income levels and employment. The baseline census data will be used in combination with the land and assets survey to facilitate identification of agreed and appropriate mitigation and entitlements to affected persons or parties. viii. Establishment of a computerized data-base which will facilitate implementation, enable monitoring and adaptive management, and provide adequate data to carry out a final evaluation with the aim of reaching closure on any outstanding issues. ix. Considerations on vulnerable social groups: These are groups that include people from the population with minimal assets, illiterate, and/or aged (those PAPs of more than 65 years). These are often physically weaker, and usually need special help in the relocation/disturbance phase. Gender differences will be monitored as female‐headed households may lose out to more powerful households. x. Resettlement upfront project cost: Mitigation costs estimated in the RAP are to be considered in the overall project budget as up‐front costs. These costs must be disbursed, either to beneficiaries as entitlements or in the form of another appropriate mitigation measure agreed with the affected person or party. xi. An independent monitoring and grievance procedure: In addition to setting up of monitoring mechanism, an independent Team comprising local administration, Project 30 Project for Integrated Urban Economic Development Environmental and Social Management Framework Coordination Unit, friendly NGO officials and the locals will play key roles in monitoring of the RAP implementation. A grievance mechanism needed to solve problems and manage unforeseen issues which may arise during implementation will be organized in such a way that they are accessible to all, with particular concern for the situation of vulnerable groups. Monitoring will be a joint undertaking under the ADF direction to measure and assess change in household status of project-affected communities. xii. Potential Social Safeguard Risks and Mitigation Measures: - The MoUD will verify at the time of project implementation, if any of the residents has ownership claims on the property in case where this is a public land. If someone has such ownership claims, the Ministry must assist them to obtain property titles and compensate them for the expropriated property. - To include an expropriation reserve fund of 10% of the total compensation amount, for any unexpected claim on land compensation from PAPs, who may require additional compensation and win the case at the Court. - A pre –disclosure phase is recommended in case when PAPs are not identified as they did no longer reside in the expropriated areas (migrated in another region of the country or emigrated abroad). The notification will be done by MoUD through publication of PAPs name at the city/village, and at least in two newspapers with a nationwide and local distribution for a period of one month (every Sunday). - A special provision will be taken prior to the disclosure phase on publication of the names and contacts of the land owners to be expropriated. Based on the Albanian legislation “On personal data” privacy will be maintained for PAPs names and contact during disclosure of RAP. On this regards, the MoUD will maintain continuous contacts with PAPs and ask them in advance if they accept to have their full name published in the newspaper. xiii. World Bank’s operational procedure on involuntary resettlement: The World Bank‟s operational policy 4.12 on involuntary resettlement requires that involuntary resettlement is avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities will be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement programs. They will also 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 the project implementation, whichever is higher. xiv. Where relocation or loss of shelter occurs, the policy requires for measures to assist the displaced persons to be implemented in accordance with the resettlement and compensation plan of action (entitlement matrix). 6.3.2. Screening Process in Land Acquisition and Resettlement A social impact is an estimate of the value and relevance of the possible losses that the community has in the framework of the project implementation. The activities of the project may require land acquisition, leading to people‟s denial or restriction of access to land resources, services and social amenities. In this case, resettlement action plans, consistent 31 Project for Integrated Urban Economic Development Environmental and Social Management Framework with OP 4.12 must be prepared in accordance with this Resettlement Policy Framework. The first stage in the process of preparing the individual resettlement and compensation plans is the screening process to identify the land/areas that are being impacted. The resettlement and compensation plans will contain the analysis of alternative sites undertaken during the screening process. This section sets out a “harmonized” step by step process that the project will take to determine whether the sub-components will result in physical or economic displacements, and therefore whether a resettlement action plan (RAP) is required and of so, how to prepare and implement one. Specifically, the affected persons must be informed about the intentions to use the earmarked sites. The affected persons must be made aware of their options and rights pertaining to resettlement and compensation, specific technically and economically feasible options and alternatives for resettlement sites, process of and proposed dates for resettlement and compensation, effective compensation rates at full replacement cost for loss of assets and services, proposed measures and costs to maintain or improve their living standards. The screening checklist serves to ensure that the process for screening remains simple and concise. A version of the Social Screening Checklist is attached in this document in Annex no 6. Specific questions based on each activity of the PIUED might be added as seen relevant by experts and the ADF Environment Unit. The list of project activities that have potential resettlement issues will then be subjected to a comprehensive sensitization and consultation process with the potentially impacted communities and the outcome of this process would be documented for each site. The list and the outcome of the consultative process for each site/project activity on the list would then be sent to the respective local government units in the jurisdiction mandated to confirm, approve, disapprove, refer for further consultation and/or take a final decision on each proposed site/ project activities. Carrying out the screening process in this way is designed to give it the integrity and transparency it needs to allow all stakeholders to have confidence in the process. Once project activities have been approved using this consultative process, the chosen locations will be the subject of a study and the preparation of a document as follows: • a census of project-affected people and a socio-economic study (this study will include determination of impacts); • preparation of resettlement action plans (RAPs) per each of the activities. A flow chart for the steps to be undertaken in a RAP/ARAP procedure is provided in the figure presented in Annex 7. The main steps to be undertaken for the finalization of a RAP/ARAP process are presented shortly below. Step 1: Describe the project activities to be undertaken for the PIUED. The activities have to be approved by the relevant authorities in MoUD. Step 2: A discussion and finalization of the distribution within the parties will need to be done, for a clear process of RAP/ARAP writing and implementation. Step 3: The ADF Environment Team will finalize the cooperation and agreements with LGUs and IoCMs, with the support of MoUD. Step 4: Using participatory methods, the ADF in collaboration with LGUs will consult the local communities, within the project area, to identify the required piece of land, using the screening criteria. At this stage, the cut-off date will be established. 32 Project for Integrated Urban Economic Development Environmental and Social Management Framework Step 5: If the ADF Environment Unit determines that the site is suitable, based on the screening criteria, the allocated land/site would be acceptable. In this case this process may continue at Step 10. Step 6: If the site does not meet the screening criteria, the LGU will be advised to allocate another piece of land/site that satisfies the screening criteria. If resettlement cannot be avoided as the specific area cannot be changed, moved the process will continue in consideration to the World Bank Safeguard Policies. Step 7: For situations where resettlement cannot be avoided, OP 4.12 and the Expropriation Law will apply. In this case, for each parcel of land, property or assets of potential PAPs, the cut-off date established at Step 4 above will apply. Step 8: The ADF will carry out a socio economic survey, a census and to collect other information about the land area and affected population. This will be done to identify the potential PAPs; focusing on the individual household and vulnerable groups and; to calculate their incomes, as the first step in the preparation of the RAP/ARAP. Step 9: On completion of the socio-economic study and the baseline census, the ADF will prepare a Resettlement Action Plan (RAP) or abbreviated version of it (ARAP) for the area that is affected by resettlement and compensation. There will be as many RAPs as the activities sites. Based in the description in the main ToR of the project the PIUED belongs to the Category B (mentioned above). PIUED has identified an initial group of activities to be supported in the first year of implementation for which EMPs and RAPs have been prepared as needed. A RPF needs to be prepared to guide preparation of RAPs or ARAPs which may be needed to address land acquisition impacts for activities to be undertaken in future years of implementation. The decision to prepare a RAP or ARAP is based on the World Bank Guidelines OP 4.12 Involuntary Resettlement and the World Bank Handbook on the preparation of RAP. The main possible outline and contents of a RAP is explained in Annex 8.1, while the possible outline and content of an ARAP is briefly presented in Annex 8.2. An Abbreviated Resettlement Action Plan can be prepared if agreed according to the guidelines of the World Bank32. Step 10: The ADF then will forward the RAP‟s, to the respective LGUs and World Bank. All project activities that trigger OP 4.12 and resettlement plans would be subjected to final approval of the World Bank, to ensure compliance with Banks safeguards. The World Bank must provide final clearance/approval of the RAPs/ARAPs, which will be in compliance with the local laws, institutional requirements as well as the World Bank Policy requirements. Thus ensuring that land is actually acquired or access to resource is lost, denied, or restricted and that the individual resettlement plans are consistent with the social considerations of this document. Step A-B: For project activities that do not have any resettlement issues and do not trigger OP 4.12, the provisions of a RPF / social provisions of the ESMF does not apply and the 32 O.P. 4.12. Resettlement Instruments, Article 25: Where impacts on the entire displaced population are minor,26or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower 33 Project for Integrated Urban Economic Development Environmental and Social Management Framework reference is the Environmental Focus of the Environmental and Social Management Framework ESMF. 34 Project for Integrated Urban Economic Development Environmental and Social Management Framework 6.3.3. Possible Categories of Social Impacts In the implementation of PIUED several social impacts will affect the community and population in the areas of the projects, according to the type of activities to be implemented and social impacts related to each loss category. Table 7. Categories of losses and their impacts on project affected persons Loss Category Social Impacts Relocation Impoverishment, disturbance of production systems, loss of sources of income, loss or weakening of community system and social networks, loss of access to social amenities such as hospitals and schools, water; dispersion of kin groups, loss of cultural identity and traditional authority, loss or reduction of potential for mutual help, emotional stress. Loss of land Impoverishment, loss of sources of income and means of livelihood, Loss of assets or access to assets, but no increased time to access resources relocation Alienation due Impoverishment, weakening of community systems and social networks, loss of mutual help and to neighbors community support , loss of traditional authority, Loss of identity and cultural survival, emotional stress being relocated Hosting PAPs Impoverishment, loss of sources of income, reduced time and access to resources such as hospitals and schools, water, increased time to access resources. Identification of the affected target group is conducted first on the basis of set criteria if the target group (HH, businesses etc) that are resident or non- resident in project areas, so as directly or not directly affected by the project implementation as a basis for (i) establishing the terms of their eligibility for support, and (ii) better specifying the terms of assistance. Table 8. General Typologies of Project Affected Groups General Typology Definition Private Property Owners Are those who have legal title to land, structure and other assets Unlawful resident Are those who have illegally (informal settlements) occupied municipality/commune lands for residential, business and or other purposes. Encroachers Encroachers are persons who have extended their building, agricultural lands, business premises or work places into municipality/commune lands. Tenants Tenants are those persons having tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. Street Vendors Street vendors are those persons who have a permit from the municipality to occupy a public structure or land for business purpose Project-Affected Families Are defined to include each adult displaced person, his/her spouse, minor children and other dependents who habitually reside in one household. Project-Affected Persons Are persons who have economic interests or residences within the project impact corridor who may be adversely affected directly by the project. Project-affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. Project Affected Groups: Are groups or communities outside the immediate impact of water supply system to be established, that may be affected by the project with a focus on the more vulnerable or weaker groups in society. HH living above the Poverty Based on social assistance schemes acquired at the Regional Department of Social Line Insurances. Vulnerable groups: Are those groups such as women-headed households, handicapped/disabled and landless families, who will be dealt with on a case to case basis. Upon project documents and details of activities to be provided to the experts the list of typologies of affected groups can be identified. In overall the PAPs can fall in the main categories listed in the table above. 35 Project for Integrated Urban Economic Development Environmental and Social Management Framework 6.3.4. Conditions to be Followed in the Resettlements Procedure Where displacement of people is unavoidable, the following conditions shall be followed: a. The entitlement cut-off date shall be determined and agreed upon in consultation with all stakeholders; b. An estimation of the time likely to be needed to restore their living standards, income earning capacity and production levels shall be prepared; c. The estimate shall ensure that the condition of the project affected persons shall be maintained to at least the Project Affected Person‟s pre-project levels condition; d. The project affected persons shall be provided with development assistance, in addition to compensation measures described in above. This shall include assistance for land preparation, credit facilities, training, or job opportunities, residential housing, or housing sites; or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors shall be at least equivalent to those of the old site. Assistance to displaced persons during relocation shall also be provided; e. Project affected persons who encroach on the project area after the cutoff date shall not be entitled to compensation, or any resettlement assistance or any other form of rehabilitation assistance (Procedures to be followed in the resettlement procedure and social safeguards procedures are presented in the Annex no 9 of this document). In the time of preparation of this ESMF, two from the implementation project activities (Berat Cobblestone and Saranda Stairs) have finalised procedural steps and it is known and agreed that no resettlement procedure will be needed as no land acquisition is required. Any social impact will be considered and included in the ESMPs of each project. 7. Institutional Framework and Arrangements 7.1. Environmental Institutional Framework and arrangements ADF has adequate capacity to implement and monitor the performance of the ESMF and its provisions, and there are dedicated environment and social safeguard specialists assigned to specific tasks such as: (i) Preparing, together with the implementing entities, of annual work programs and budgets linked to ESMPs; (ii) Monitoring project progress as it relates to compliance with the ESMF guidelines and ensuring that overall project implementation proceeds smoothly; (iii) Collecting and managing information relevant to the project and accounts (i.e., environmental and social monitoring and reports); and (iv) Organizing and providing training sessions. The main responsible institution for environmental issues is the Ministry of Environment (MOE), established for the first time in 2001. Ministry of Environment aims to develop and propose policies, strategies and action plans for environmental protection in view of sustainable development. Table 9. Law and implementing Agencies No Law, Directive etc. Institutional Framework for theimplementation Law No 10 440, dated July 7, 2011”on 1 Ministry of Environment, National Environment Agency Environmental Impact Assessment” 2 Law No. 10119/09 "On Territory Planning," Ministry of Urban Development, Ministry of Environment, 36 Project for Integrated Urban Economic Development Environmental and Social Management Framework amended by Law No. 10258, dated 21.04.2010 and Ministry of Agriculture, Rural Development and Water Law No. 10315 dated 16.09.2010 Management, Ministry of Industry and Energy, National Agency of Natural Resources Law No. 9700, dated 26.03.2007 “On environmental 3 Ministry of Environment, Ministry of Foreign Affairs protection from trans-boundary impacts;” Law No. 8897, dated 16.05.2002 “On air Ministry of Environment, National Environment Agency, 4 protection” as amended by Law No. 10266, dated Public Health Institute 15.04.2010; Law No. 9010, dated 13.2.2003 “For environmental administration of solid wastes” as amended by Law Ministry of Environment, National Environment, Agency, 5 No. 10137, dated 11.05.2009 “On Some Changes in Local government (the municipalities) Legislation in Force for Licences, Permits and Authorizations in the Republic of Albania;” Law No. 9115, dated 24.07.2003 “On the Ministry of Environment, National Environment Agency, 6 administration of polluted waters” (amended by Local government (the municipalities) Law No. 10448/11 “On Environmental Permits” Law No. 8906, dated 06.06.2002 “On protected Ministry of Environment, National Agency of Protected 7 areas” as amended by Law No. 9868, dated Areas, State Inspectorate of Environment, Forestry and 04.02.2008; Water Law No. 10463, dated 22.09.2011 “On Integrated Ministry of Environment, National Environment Agency, 8 Waste Management.” Local government (the municipalities) Law No. 9048, dated 07.04.2003 “On Cultural Ministry of Tourism, Culture, Youth and Sports, National 9 Heritage;” as amended by Law No. 9592, dated Council of Archaeology, Institute of Monuments, Centre of 27.07.2006; Registration of Cultural Property. Ministry of Environment, National Agency of Protected DCM No. 676, dated 20.12.2002 “On declaring the 10 Areas, State Inspectorate of Environment, Forestry and Albanian Nature Monuments as Protection Zones;” Water, Local government The National Environment Agency (NEA) was established was established in 2014 in implementation of the Law No. 10431, dated 09.06.2011 "on Environmental Protection". The National Environment Agency is a central public institution, independent in decision making and exercising its jurisdiction in the entire territory of the Republic of Albania. The National Environment Agency is financed from the state budget and its own resources as well as independence in decision making and carrying out its functions as provided by law33. As seen from the table above other institutions are included in the environmental issues and institutional responsibilities: Agencies and entities that have legal Ministries: responsibility for the environment in Albania:  Ministry of Agriculture, Rural  National Agency of Protected Areas Development and Water Management  Regional Environmental Departments  Ministry of Urban Development  Forest Service Regional Departments  Ministry of Industry and Energy  State Inspectorate of Environment,  Ministry of Health Forestry and Water 33 http://www.akm.gov.al 37 Project for Integrated Urban Economic Development Environmental and Social Management Framework  National Agency of Natural Resources  Public Health Institute 7.2. Institutional Arrangements for the Land Acquisition and Resettlement Process Implementation The Ministry of Urban Development has ultimate responsibility for the implementation of all project components along with the ADF A committee composed of PAP-Project Authorities will be constituted to be responsible for overseeing the implementation of the Resettlement Procedure. The ADF will cooperate will all local institutions to provide a successful implementation of the Resettlement Procedure (RAP/ARAP). The LGUs (Municipalities, Administrative Units) are the final beneficiaries of the project implementation. From the institution it is required continuous assistance and presence during all the progress of the project. Immovable Property Registration Office for each District in the Project area, under the authority of the Central Registration Office, which are responsible for identifying and verifying property boundaries and ownership. Land Administration and Protection Offices (formerly Cadaster Offices) under the Region, which will clarify land allotment certificates for agricultural land that has not been formally registered and transferred to the Immovable Property Registration Offices. The Regions and the Municipalities will be responsible for the coordination of the implementing procedures and execution of the compensation. In the Annex 11 of this document a table with the respective institutional arrangement is presented. The table describes in detail the Steps of a Resettlement Action Plan to be implemented. In consideration of the project activities and of the below mentioned phases a summarizing table of the preliminary linkages with the resettlement procedures can be found in Annex 10. The specifications if a RAP will be undertaken for the project are subject to further updates, by the ADF, in accordance with the project activities developments. 7.3. Capacity Building and Training Plan In order to ensure that there is adequate capacity to implement and monitor the performance of this ESMF and its provisions, the project will appoint environmental and social specialist/expertise as part of the PMU. Such expertise will have specific tasks such as: (i) Preparing, together with the implementing entities, of annual work programs and budgets linked to EMPs; (ii) Monitoring project progress as it relates to compliance with the ESMF guidelines, resolving implementation bottlenecks, and ensuring that overall project implementation proceeds smoothly; (iii) Collecting and managing information relevant to the project and accounts (i.e., environmental and social monitoring and audit reports); and (iv) Organizing and providing training sessions, including a training plan and its modules, in environmental screening and environmental management; similarly, training is also needed in land acquisition and involuntary resettlement safeguard policies for township field supervision staff, and farmers representatives to familiarize them with the principles and procedures as set out in the ESMF. The implementation of the PIUED requires specific knowledge for beneficiaries and operators engaged in the different phases of the project implementation. 38 Project for Integrated Urban Economic Development Environmental and Social Management Framework Several trainings will be delivered to the working staff evaluated as in need of knowledge and information on topics such as the ESMF implementation, ESMF/ESMP reporting, World Bank Guidelines etc. The workshops will be conducted by an external consultant with knowledge on the environmental management requirements for Albania, including substantial knowledge on Bank safeguard policies and requirements A tentative capacity building and training plan for the PIUED is presented below. Table 10. Proposed Capacity Building Plan Costs Capacity Participants Working (Lump Building Proposed Content of in the Level Days Sum Activity Training EUR) ADF Staff, - Community mobilization/participation LGUs Staff, and social inclusion IoCM Staff, all Training on - Grievance Redress Mechanism/Social levels Safeguard Accountability National 1.5 WD 800 Policies - Cultural Heritage engineers in - Social Safeguards (Land/asset these acquisition Environmental Safeguards institutions, MoUD etc - Basic Concepts of ESMF - Basic Concepts on Resettlement and Participation Framework - Provisions of Resettlement and Participation Framework LGUs Staff, - Profile of PAPs and identification of IoCM Staff, all eligible PAPs levels Training on - Roles and Responsibilities engineers in ESMF - Monitoring Mechanisms National 1.5 WD 800 Implementation - Identification of Social and these Environmental Concerns institutions, - Redressal Mechanisms contractors - Methodology for compensation or staff, etc. land transfer and respective disbursement - Institutional Setup - Reporting Requirements Awareness - Through public consultation and print National 1 WD 400 Raising media et Total 4 WD 2000 8. Consultation Process on the ESMF and PIUED34 8.1. Consultation Process on the ESMF The environmental and social assessment process will be available to the public, thus all the involved parts will be consulted on project safeguard documents at least once (for category B projects) during the process. This policy is based accordingly to the OP 4.01. The Public Consultation is required to take place for the documents related to the overall project as specific ESMFs or EIAs will be prepared for each activity. 34 (This section is subject to final review after the consultation process during the meeting. The Annex No. 10 is planned to cover the Minutes of Meeting, which will be completed after the consultation meeting.) 39 Project for Integrated Urban Economic Development Environmental and Social Management Framework The Public Consultation is scheduled to take place on June 20, 2016, with the relevant beneficiaries in Tirana Albania as by the specifics of the ToR for this ESMF. All participants in the consultation of this document were previously invited and presented the main accompanying documents related to the PIUED such as a summary of the purpose and objectives of the project and project components. The meeting was held at the premises of ________ with the participation of The objectives of the public consultations were: 1. To inform the public and stakeholders about the objectives and project developments and the expected of environmental and social effects. 2. To collect information and data from the public and/or the communities that will be affected by the project 3. To ensure participation of the public and local communities in process and support for the project The minutes of the Consultation Meeting can be found in Annex No 12. As a summary the main discussions points of the meeting were focused on the presentation of the draft document and information in the Annexes of the ESMF. 8.2. Consultation with Affected Populations To ensure effective engagement of citizens and ensure the interests of the affected persons are fully included in the process, the consultant will engage in meaningful consultations with the affected persons, representatives of any affected group, any interested groups or stakeholders and the various administrative and government departments in the project area. It is essential to engage with PAPs at the household or business venues to invite them to participate in the public consultations. Communication with the affected persons, as well as with other community members who will express interest in the project, will be maintained throughout the process from project design, implementation to closure. The community will be informed of grievance management arrangements and given contacts of persons assigned to manage issues and grievances 8.2.1. Mechanisms for consultations In addition to documenting the expropriation procedures indicated above, once the tentative arrangement of the civil works is identified, each project activity beneficiary (LGUs) in cooperation with the ADF will hold public consultations to discuss the expropriation and its implications. All those whose ownership or occupation of land that will be affected by the expropriation will be invited to these consultations, in which they will be offered choices about their options and rights pertaining to compensation, and resettlement – if required, and provided with technically and economically feasible alternatives. The aim of public consultations at this stage would be to: - Disseminate concepts for proposed projects with the aim to bring communities interest on the project, and allay fears about what might happen when the project is under way. - Determine communities‟ willingness to contribute in kind towards the implementation of the project, and formulate resettlement options that address the affected people‟s needs. - Determine community willingness to contribute towards long term maintenance, when and if required. 40 Project for Integrated Urban Economic Development Environmental and Social Management Framework In order to ensure transparency and constructive cooperation from the PAPs on the project activities, including the evaluation of losses and mitigation of other impacts, project-affected people will be provided with contact specifics for project personnel designated to respond to any grievances, questions or problems which may arise in RAP implementation. A continuous approach to stakeholder participation and consultations will be used. The RAP implementation team will ensure that all interactions with PAPs are documented in implementation reports. 8.2.2. Grievance Redress Mechanisms A grievance redress mechanism for the project will be established for addressing legitimate concerns of PAPs. . The mechanism will include the following: a) Informing PAPs of the project‟s grievance management arrangements and the names and contacts of designated contact personnel, (such as project office locations, telephone or email contacts) where problems or grievances can be registered. b) a recording and implementation reporting system, including grievances filed both verbally and in writing; c) staff with responsibility at various levels of governments, and d) a maximum two-week time frame to respond to grievances; e) Maintain a tracking system and progress reporting in addressing and resolving grievances. The functioning of the grievance redress mechanism (GRM) must be maintained and monitored by the ADF Environment and Social Unit during project implementation. This information is essential to ensure the quality and effectiveness of citizen engagement, ensure adverse impacts are fully mitigated in a timely way, sustain public support, and provide sufficient information needed for project closure. ADF will ensure monitoring data is up-to- date in routine reporting. The GRM will be free of cost, easily accessible, and is intended to resolve issues quickly precluding the need of PAPs or affected stakeholders to seek redress through formal channels, which may be costly, time-consuming, and slow progress in the implementation of project activities. The GRM will work with the aid of a Local Grievance Committee (LGC), The role of this ad hoc committee is to help resolve grievances or issues in a timely, fair and direct manner. The GRM will serve PAPs in the below ways: a) Assist affected people by the construction activities and other project activities effects; b) Assist the PAPs once the demand for expropriation has been declared to help them find and confirm their names and registered data, as well as assist them to submit any complaints related to the determination of values or prices, surface areas, type or quantity of assets or effects on income streams as established in this RPF and its entitlement matrix. To the Expropriation Commission established in the Ministry of Urban Development (MoUD), based on the WB Policies and this RPF. Overall, the LGC will provide relevant information to the PAPs during the expropriation procedures on complain procedures (if any) addressed to the Expropriation Commission, which is entitled to issue such complaints. c) Also, the LGC will help the PAPs even after the decision of the Council of Ministers is published, for those who potentially might not agree with the Decision and would like to appeal it in the Court. 41 Project for Integrated Urban Economic Development Environmental and Social Management Framework An established Grievance Mechanism, that will help to avoid the need to proceed to formal official authorities, would be formed by the ADF and include one of the PAPs, one representative from the beneficiary (Respective Municipality), which will be assigned when the responsibilities, nominations and coverage of the Local Districts will be decided). The creation of this committee sui generis is considered to facilitate considerably any issues that arise with the projects and reduce their administrative costs considering that the affected areas are away from Tirana and all proceedings of their complaints are held in Tirana. This committee must be composed of these members: (1) One representatives from the Beneficiary, Berat, Saranda, Gjirokastra, Himara Respective Municipality Municipality (2) One representative from the PAPs; TBD (3) One individual representative from the ADF ADF The latter will chair the committee and will assist with determination of redress for grievances that cannot be resolved by the project representatives. The committee will maintain a record of grievances received and the result of attempts to resolve the grievances and include this information in the monitoring and evaluation report. The Expropriation Law provides for an appeals process against the proposed award for compensation. In addition, the Urban Planning and Construction Police laws allow for administrative appeals against a decision for demolitions of illegal construction. Further appeals can be made to the district courts. The Office of the Ombudsman in Tirana receives complaints from citizens against government actions that affect their rights. The project staff will also play a role in resolving grievances. Albania has passed a transition period in its local government, due to the changes coming from the Administrative-Territorial Reform, which brought radical changes to the functioning of the LGUs. Considering the changes of the local government and the steps explained above, the grievance committee will be created within the Relevant Municipality or any other chosen local institution. 9. Arrangements for project environmental and social monitoring and evaluation In the framework of the monitoring and evaluation in the annexes of this document two main tables are presented: the Environmental Monitoring Plan (Annex 5) and Monitoring Indicators on the Social Impacts (Annex 13). The responsibilities for monitoring and evaluation are shared between the ADF and the Ministry of Urban Development. The ADF is responsible for record-keeping, management and internal monitoring of the GRM as the committee will report directly to the Head of ADF or to an assigned specialist. The Ministry of Urban Development is responsible for external monitoring and evaluation of the project implementation through the creation of an Independent Monitoring Unit. 42 Project for Integrated Urban Economic Development Environmental and Social Management Framework 9.1. Internal monitoring The ADF will be charged with the task of monitoring and evaluation of the PAPs, procedures related to their needs and grievance. As mentioned above ADF will be final responsible for 2 procedures: - Monitoring the Grievance Committee - Overall Internal Monitoring of RAPS or ARAPS for project activities. The internal monitoring procedures are related to: - Public consultation meetings; - Census, assets inventories, assessments and socio-economic studies completed; - Grievances filed and their status; - Compensation payments disbursed; and - Monitoring report submitted. Internal Monitoring Actions are not limited and they can include participation in the processes etc. Reports of internal monitoring will be prepared and submitted to ADF representative and shared with other specialists and partners in order to serve for the possible RAP Implementation Report. 9.2. External Monitoring and Evaluation An Independent Monitoring Unit (IMU) / Consultant must be established to evaluate implementation of compensation and expropriation. The IMU shall be appointed to monitor the expropriation and compensation process and implementation of requirements to verify that compensation, resettlement and rehabilitation will be implemented in accordance with the agreed RAP. The IMU will also be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. More specifically, the IMU will carry out the following: - Review the results of the RAP internal monitoring, and review overall compliance; - Random field checks to ensure: payment of compensation and timing of payments; - Interviews with random samples of affected people from different sites to assess their knowledge and concerns regarding the expropriation process and their entitlements; - Check on the type of grievance issues and the effective functioning of the grievance redress mechanisms by interviewing aggrieved affected people and reviewing grievance and the flow of the process; - Assess general efficiency of expropriation and formulate lessons for future guidance; - Determine overall adequacy of entitlements to meet the objectives. It is important that the ADF establishes an IMU that includes personnel with experience in land acquisition and social development. The objective of this unit will also be to provide a forum for skills sharing and to develop institutional capacity. It is important that the Unit is able to maintain a strong independent position and provide constructive feedback to the project to ensure the objectives are met. Progress and performance monitoring of RAPs / ARAPS will cover all phases from preparation, through implementation, to closure. Using the information compiled through RAP monitoring, the MoUD in collaboration with ADF will be in a position to note changes that may have occurred before and after expropriation. 43 Project for Integrated Urban Economic Development Environmental and Social Management Framework 44 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annexes: Annex 1. PIUED Components and Subcomponents The Proposed project will consist of the following components: Component 1. Urban upgrading and infrastructure improvement (USD 50 million). This component will finance design and implementation of urban upgrading and municipal infrastructure improvements in selected primary, specialized urban centers and their surrounding areas. This component is divided in two complementary subcomponents: a. Subcomponent 1A: Integrated urban and town upgrading. This subcomponent will finance integrated urban upgrading implementation activities in a selected number of urban centers. Investments are expected to include the upgrading of public spaces (i.e. parks), street networks and associated infrastructure (i.e. sidewalks, streetlights) and touristic sites enhancement (i.e. visitors‟ centers, parking, signage). Water supply and sewage network rehabilitation will be supported on a case-by-case basis and in coordination with other donors who are active in the sector35. This subcomponent is also expected to include the restoration of facades and roofs of historical buildings, and might include, upon clear justification, housing façade improvements. Subprojects are expected to foster tourism-based local economic development and improve the living conditions of inhabitants. This subcomponent will also finance preparation of required feasibility studies, engineering designs, and construction supervision. Integrated urban upgrading implementation activities will focus in three urban centers: Saranda, Gjirokaster and Berat. Integrated town upgrading implementation activities will focus initially in Permet. A selected number of fast-track subprojects have been identified in selected urban centers and will be implemented during the first year of the project. Integrated urban conceptual designs will be develop to identify 2-5 year investments for each of the selected urban. b. Subcomponent 1B: Integrated satellite sites upgrading. This subcomponent will finance investments aimed at improving selected touristic sites around selected urban centers in the project areas and along the touristic corridor connecting them. This will include, restoration of selected assets (i.e. cultural heritage), improving supporting infrastructure such as last mile access, pathways, visitors‟ centers and signage. This subcomponent could also include the creation of rest stops or viewpoints along the touristic corridor. An integrated approach to touristic sites improvement will be favored, aiming at enhancing visitor experience and satisfaction, and assuring sustainable site management. Following a detailed screening and ranking criteria, nine satellite sites with important touristic potential have been identified and pre-selected for project support. The project will finance conceptual and detailed designs, and site management studies during the first year of implementation for 3-4 of the pre-selected sites. This component will also finance preparation of required feasibility studies, engineering designs, and construction supervision. 45 Project for Integrated Urban Economic Development Environmental and Social Management Framework Component 2. Institutional capacity building (US$8.0 million). This component will finance capacity building activities for improved municipal management and tourism-based local economic development. This component is divided in two complementary subcomponents: a. Subcomponent 2A: Building capacity for municipal service delivery. This subcomponent will finance activities aimed at improving the capacity of local governments to provide services and manage municipal assets. Specific activities will be defined based on the needs assessment review of the remaining cities but are likely to focus on supporting capacity to manage municipal assets, improving billing and collection systems and supporting tools for municipal management. This subcomponent could also finance equipment for a more efficient service delivery. Included here is also the traffic management technical assistance. b. Subcomponent 2B: Building capacity for sustainable tourism growth In support of the overall development objective of the project, the activities in this component are focused on how to stimulate and sustain growth in the tourism economy in the South of Albania by complementing and leveraging the capital investments supported under Component 1. This subcomponent will support the following activities: (i) a market research and market development strategy for the South of Albania, (ii) a destination management capacity assessment, (iii) piloting the establishment of destination management entities in selected urban areas, (iv) implementing tourism development strategy and (v) establishing a system for tracking sustainable tourism indicators. This subcomponent could also include activities aimed at strengthening the capacity of central government agencies to develop sustainable tourism in Albania. 19. Component 3: Implementation Support (US$2.0 million). This component will support project implementation including: (i) contracting of local experts to assist the implementation agency (ADF), the project coordination unit and participating municipalities in the implementation of sub-projects; (ii) the maintenance of the project Monitoring and Evaluation System M&E; (iii) the project related operating costs of the coordination unit and implementing agency including consulting fees and in-country travel expenditure; (iv) project operating costs including contributions towards the cost of backstopping assistance by ADF staff; (v) training of staff and other persons associated with project implementation. 46 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 2. Terms of Reference for the ESMF Draft Republic of Albania Proposed Project for Integrated Urban Economic Development (PIUED) (P155875) Environmental and Social Management Framework Terms of Reference (TORs) Background The Government of Albania (GoA) is currently implementing an ambitious reform program aiming at accelerating growth, creating jobs, restoring trust in government and furthering progress toward the EU accession. As part of this effort the GoA is moving towards a regional approach to development. The proposed Regional Development Law is at the final stage of approval and aims to establish four Regional Development Areas (RDAs) and specific Regional Development Agencies. The reform aims to achieve (i) greater impact through an integrated approach and alignment among programs in a given territory; (ii) greater cohesion in territorial development, through the implementation of regional development strategy for the country, and in the medium term (iii) the establishment of mechanisms to channel EU Structural Funds and other development funds. This reform is in early stages with associated regional mechanisms requiring further development. During the past year the GoA, through the Ministry of Urban Development (MoUD), has developed key strategic instruments for the territorial development of the country including the South of Albania. The MoUD has recently completed the preparation of the National Territorial Development Strategy (NTDS) and the Coastal Management Strategy (CMS). These strategic documents provide a sound vision and strategic direction for the development of the country over the next fifteen years (2015-2030). In the current national context of territorial reform and increased selectivity in borrowing funds to maintain fiscal space, the GoA has made a strategic decision that the World Bank-supported Project for Integrated Urban Economic Development (PIUED) would focus on the South of Albania. This region is considered a priority given its impressive natural and cultural endowments and development pressures that may negatively shape these landscapes if sustainable urban planning considering integration of environmental and social aspects is not implemented. Consequently, the proposed Project is viewed as an opportunity to demonstrate the value of having both a regional and an integrated approach, particularly with regards to the potential for leveraging private sector capital. The PIUED is expected to play a critical role to pilot and demonstrate an innovative and integrated approach to implement regional development in line with the new NTDS and the CMS. 1. Project Background Project objectives The proposed PIUED project will be a catalyst for regional development in the South of Albania, leveraging funds from other development partners and the Regional Development Fund. It will support the Government of Albania‟s vision to promote regional development by improving urban infrastructure, enhancing cultural assets and strengthening institutional capacity to support local economic development in selected areas in the south of Albania. The Project will provide a model for replication to other regions to use an integrated approach to leverage their endowments and competitive sectors for sustained economic growth. Given that both the NTDS and the CMS identify tourism and culture (culture based tourism) as one of the main drivers for economic development in the South of Albania, the Project is expected to finance activities aimed at promoting the development of a sustainable, competitive and diversified local economy leveraging the recognized potential of tourism sector. Project Components Component 1. Urban upgrading and infrastructure improvement (US$50 million). This component is expected to finance design and implementation of urban upgrading and municipal infrastructure improvements in selected primary, specialized urban centers and their surrounding areas. This component is divided in two 47 Project for Integrated Urban Economic Development Environmental and Social Management Framework complementary subcomponents: Subcomponent 1A, which will focus on selected primary and specialized centers with urban upgrading and infrastructure improvement investments; and Subcomponent 2A, which will focus on enhancing cultural heritage assets and touristic sites along corridors connecting primary and specialized centers. Urban upgrading and infrastructure improvement investments (Subcomponent 1A) are expected to include the upgrading of public spaces (i.e. parks), street networks and associated infrastructure (i.e. sidewalks, streetlights), the rehabilitation of basic municipal infrastructure (i.e. water supply networks), and the restoration of facades and roofs of historical buildings. Subcomponent A2 is expected to finance the enhancement of cultural assets through the restoration of selected assets (i.e. museums, bazaars, touristic sites) and the improvement of supporting infrastructure such as last mile access, visitor centers and signage. This component will also finance preparation of required feasibility studies, engineering designs, construction supervision and monitoring and evaluation activities of the project. Component 2. Institutional capacity building (US$8.0 million). This component is expected to finance capacity building activities for improved municipal management, service delivery and local economic development. These activities will build upon assessments carried out under the Bank-managed and Austrian Government- financed Urban Partnership Program36 in the proposed project area. In addition, in recognition of the role that local government units play in supporting economic development this component will also finance activities aimed at leveraging local growth drivers such as tourism. These could include the design and implementation of destination planning and management, promotion, local outreach and awareness raising campaigns; marketing and promotion activities; skilled work-force development; and performance monitoring & evaluation activities. This component could also support activities aimed at strengthening the product and market linkages between the tourism sector and the local economy. The Project is not expected to include activities affecting land use planning such as the development of local territorial plans or investments that have significant environmental impacts. Component 3: Implementation Support (US$2.0 million). This component will support overall project implementation including: (i) contracting of local experts to assist the implementation unit and participating municipalities in the implementation of sub-projects; (ii) the maintenance of the project Monitoring and Evaluation System M&E; (iii) the project related operating costs of the implementing unit including consulting fees, in-country travel expenditure; (iv) training of staff and other persons associated with project implementation; and (v) annual audit of project accounts. Proposed project area The proposed project is expected to focus on the south of Albania comprising the area between Vlora and Saranda and covering both the Coast and hinterland (Including Berat, Permet and Gjirokaster). This area is highlighted in the CMS for its tourism and cultural economic development potential. The proposed project is expected to support primary, specialized urban centers – as defined in the CMS and NTDS - in the south of Albania and their surrounding areas. Investments are expected to focus on urban infrastructure upgrading in selected urban areas in the south of Albania and on selected cultural heritage and touristic sites enhancement along connecting corridors. 5. Proposed Project Implementation arrangements. The PIUED project is currently being prepared by the Ministry of Urban Development. In addition a Working Group has been set-up with key stakeholders including the Ministry of Culture, Ministry of Environment, Ministry of Transport and Infrastructure, the Ministry of Economy and local government units in proposed project area. The experience of MOUD on Bank‟s operational policies and safeguards implementation is rather limited and requires selected capacity building program throughout project preparation and implementation. The project implementation arrangements have not been confirmed. 36 The Urban Partnership Program (UPP) – funded by the Austrian Government and managed by the Bank - aims to strengthen the capacity of local governments in the South Eastern Europe region – including Albania -, and to equip local city administrators with practical tools for decision-making. As part of the UPP, and in support to the proposed project, Municipal Finance Self-Assessments (MFSA) and Urban Audits (UA) are already being conducted in Berat and Fier. A second cohort of municipalities to be included as part of the UPP include Gjirokaster, Vlora, Saranda and Himara. The MFSA helps local governments to assess their financial health and identify specific actions to improve mobilization of local resources. UA provides a snapshot of the level of services and infrastructure in the municipality, identifies and quantifies gaps, and defines a coherent set of priority sub-projects that fits the demand as expressed at the local level. 48 Project for Integrated Urban Economic Development Environmental and Social Management Framework Proposed assessment of project environmental and social impacts. The proposed project activities might generate a series of various environmental and social impacts. These impacts would be associated with biodiversity degradation, noise, dust, air and water pollution, health hazards and labor safety issues, etc. All of them are expected to be typical for small scale construction/rehabilitation works, temporary by nature and site specific, which are expected to be easily mitigated by applying best construction and relevant practical mitigation measures. To address possible project impacts the implementation agency will prepare an Environmental and Social Management Framework (ESMF) in line with the Bank operational policy OP 4.01 on Environmental Assessment and the relevant national laws, which will be aimed at describing the process of how environmental and social impacts will be assessed, addressed and managed during project implementation when subprojects proposed for investment will be defined in terms of technical aspects as well as location; as well as the set of mitigation, monitoring measures, and institutional responsibility measures to be taken during the project implementation to eliminate adverse environmental and social impacts, offset, or reduce them to acceptable levels. A Resettlement Policy Framework (RPF) should be developed as part of this ESMF to assess and mitigate potential social impacts associated to land acquisition and economic or physical displacement of population required for the project. 7. Objectives of the assignment. In line with these ToRs, the selected consultant will assist the Government of Republic of Albania in preparation of the Environmental and Social Management Framework and Resettlement Policy Framework for the PIUED project that should be revised by the key stakeholders (MoUD; MoE), and it should also be disclosed and consulted in the South Region of Albania with all interested parties. The outline of the ESMF is presented in the Attachment 1 below. 8. The scope and objectives of the ESMF. The ESMF would guide the Environmental and Social Assessment process relevant to the proposed project activities and cover the following: rules and procedures for environmental and social screening of investments/subprojects; guidance for conducting subprojects Environmental and Social Impact Assessments (ESIA) and/or preparing simple Environmental and Social Management Plans (ESMPs) as well as the related ESMP Checklists (as applicable); mitigation measures for possible impacts of different proposed activities and types of matching grants and subprojects to be supported by the project; requirements for monitoring and supervision of implementing of ESIA/ESMPs requirements, implementation arrangements for project environmental and social aspects, and relevant capacity building activities. The ESMF should also specify capacity building activities that would include strengthening of MoUD‟s capacity as well as of participating financial institutions on mitigating potential environmental and social risks and conducting subproject-level ESIA. A Resettlement Policy Framework should also be prepared as part of this ESMF as outlined on Annex 3 and 4. 9. Basic documents for conducting Environmental Assessment. In conducting the ESMF and the relevant ESIA and ESMPs, the following national and World Bank documents should be taken into consideration as applicable:  National law and/or regulations on environmental assessments and public consultation.  World Bank‟s environmental and social safeguard policies37  World Bank Disclosure Handbook (December, 2002)38;  European Directives on Environment Assessment.  World Bank Group‟s Environmental, Health, and Safety Guidelines. 39  Relevant documents prepared for World Bank Projects conducted in Albania, specifically in the South Region. 37 WB Safeguards http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTSAFEPOL/0,,menuPK:5844 41~pagePK:64168427~piPK:64168435~theSitePK:584435,00.html 38 http://siteresources.worldbank.org/OPSMANUAL/Resources/DisclosureHandbook.pdf 39 http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+app roach/risk+management/ehsguidelines 49 Project for Integrated Urban Economic Development Environmental and Social Management Framework 10. The purpose of the assignment/work The objective of this Environmental and Social Management Framework (ESMF) is to ensure that adverse environmental and social impacts and appropriate mitigation measures are integrated in the proposed project design. A key principle is to prevent and mitigate any harm to the environment and to people by incorporating environmental and social concerns as an intrinsic part of project cycle management. Environmental and social issues will be considered during all stages of the sub-project cycle to ensure that supported activities comply with the policies and guidelines laid out in the ESMF is a systematic process, which evaluates the environmental and social consequences of a proposed plan for implementation in order to ensure that impacts are fully addressed from the early stages of decision making in addition to economic and social considerations. The ESMF will provide an overview of relevant World Bank safeguard policies and will describe the process concerning management of environmental and social issues, including for screening, preparation, implementation, and monitoring of sub-projects. The ESMF specifically includes procedures to address environmental and social safeguard issues. 11. Specific tasks. As part of the ESMF preparation, the consultant shall assist the GoA in conducting the following tasks:  Provide a general assessment on the type of impact that might be associated with the different potential subprojects proposed for investment;  Provide procedures and rules for sub-project level ESA process, including criteria for environmental and social screening for identifying those matching grants and sub-projects that require a simple ESMP, and ESMP Checklist, or more detailed ESIA study and an ESMP;  Specify Environmental Guidelines for ESIA of the proposed grants and subprojects that would provide an assessment of potential impacts and generic mitigation measures to be undertaken for identified subprojects in all stages, - from identification and selection, through the design and implementation phase, to the monitoring and evaluation of results;  Prepare the summary of the ESMF and disseminate it to other involved ministries and state institutions, NGOs, and academia, for review and comment;  Public Consultation The Consultant will assist in carrying-out the public consultation and disclosure process for the ESMF (with annexes including the Resettlement Policy Framework) to allow public awareness of the selected project investments and the envisaged related environmental and social impacts. Minutes including questions and answers from the meeting will be included in the final report. The public meeting should be announced in mass-media 2-weeks ahead of the meeting. Active NGOs, potential community representatives as well as local authorities that may be affected by the project activities should be invited. The draft documents should be made publicly accessible by posting it on the website of the relevant institution in local languages before the date of the public meeting.  The summary of the consultation meeting(s) might be in the following format: Location Objective Invitees Participants Summary Responsibility conclusions and Comments Project To describe the Location project activities, including ESMF and Environmental Guidelines and solicit feedback  Revise the ESMF after the meetings to take into account inputs from the consultations as appropriate and document the consultation process in the final ESMF. Detailed tasks: The assignment includes the following main tasks as part of ESMF preparation: Task 1 Brief outline of project location(s) and description of proposed project activities The Consultant will provide a brief description of typical features of the geographical area of the South of Albania in terms of current population, social and economic activities - particularly issues related to livelihoods as well as social and public recreational assets, geography, and environment. 50 Project for Integrated Urban Economic Development Environmental and Social Management Framework Task 2 Brief descriptions of Existing Environmental and Social Conditions in the project area. The Consultant will review, evaluate and present available baseline data on the relevant environmental, social, economic and physical cultural heritage characteristics within the project area of impact taking into account the present activities relevant to the project investments. Specifically, the baseline conditions should include general information on: a. Physical environment: geology, topography, sediments/soils, surface and ground water hydrology, land pollution, water quality, air quality and sources of air/noise emissions, integration of the irrigation schemes in the overall rural environment (e.g., existing dams, water supply systems, sanitation, climate change aspects); b. Meteorology: wind patterns, monthly average temperatures, rainfall, snowfall and runoff characteristics; extreme storm and precipitation events; c. Biological environment: existing terrestrial and river flora and fauna at the sites; particular rare and endangered species; sensitive habitats, including wetlands, parks or reserves in areas likely to be affected by works; species of commercial importance; d. Social, economic impacts: community structure; inventory of community activities and production systems (e.g., fishing, industry, farming, small businesses); level of income, any public infrastructure and social services (goods and services); and a description of any direct, indirect and induced impacts on livelihoods; e. Information on disadvantaged groups, ethnic minorities or persons for whom special provisions may have to be made, if affected, and in the context of developing mitigation measures; f. Assess whether there will be any displacements as a result of the physical works; g. Physical cultural property: Cultural heritage assets such as cultural, religious, historical or archaeological sites, including sacred sites, graveyards and burial places, that might be affected during proposed civil works; Other data relevant to the project investments as required by the existing national environmental conservation laws, regulations and standards. Task 3 Brief review of the existing Legislative Framework, institutional assessment and capacity building. The Consultant will review existing legislation in Albania, decisions and/or guidance notes relevant to the environment quality, health and safety, waste management, hazardous substance/pesticide storage and handling; noise emissions; protection of sensitive areas and endangered species, land-use planning, involuntary resettlement and expropriation; public information; environmental liability, etc. determining their relevance to the project. The Consultant should also include a gap analysis in reference of the national law in reference to OP 4.11 (Physical Cultural Resources) and review existing treated in relationship to international waterways (Op 7.50). The Consultant will assess the institutional arrangements for project management (preparation and implementation) including the mechanisms and responsibilities for environmental and social screening and the review of ESMP results. This includes a review of institutional capacity for the supervision and enforcement of ESMPs during construction and operation phases. The consultant will reference any international relevant legislation applicable to the project investments. Task 4 Brief assessment of potential environmental and social impacts and related mitigation measures The Consultant will identify general significant positive and negative impacts, direct, indirect and associated impacts, and immediate and long-term effects related to the construction phase of the proposed works as well as once the works are finalized (operational phase). As part of Task 4 the Consultant should review potential project impacts, if any, in regards to international waterways making reference to existent treaties among riparian countries and the waterways and water basins within the proposed project area (OP 7.50). Task 5 Brief analysis of Alternatives to the Proposed Project. The Consultant will review the proposed project interventions and summarize any possible alternatives. 51 Project for Integrated Urban Economic Development Environmental and Social Management Framework Task 6 ESMF process – The Consultant will describe the framework process to be followed once the location of the project investments will be identified during project implementation. The framework should have the following essential elements:  Typology of subproject/investment types expected in the project  Preliminary identification of subproject eligibility (e.g., negative list)  Screening process for subproject types – based on potential size/scale of subproject in conjunction with potential environmental and social impacts and risks  Screening of potential environmental and social impacts and risk mitigation approach, including determination of safeguards instruments; for example, ESMF will include screening procedure to (i) determine whether the subproject is in a critical or non-critical natural habitat, and (ii) avoid any significant conversion or degradation of any critical natural habitat as well as guidelines to develop mitigation measures to minimize or avoid damage to the natural habitats; similarly, screening procedure will consider safety of dams; pest management; and cultural resources.  Development of appropriate safeguards documents;  Clear definition of roles and responsibilities of project staff and associated agencies in subproject implementation and application of environmental and social review, implementation of safeguard documents, monitoring and evaluation. Task 7 Preparation of Environmental and Social Management Plan Framework (ESMPF) The Consultant will prepare the project Framework ESMP including Mitigation Plan and a Monitoring Plan according to the Bank requirements on the OP 4.01 (see Annex 2 of OP 4.01). The Framework ESMP should include proposed mitigation and monitoring actions as well as the institutions responsible for the ESMP implementation. Also, the ESMPF should present proposed staffing and training requirements related to ESMP implementation, institutional needs (based on a capacity assessment, and other necessary support, and estimated costs for proper ESMP implementation. (a) The Mitigation Plan will include general mitigation measures related to preventing or reducing the possible project environmental and social impacts as well as the approximate costs for these measures; (b) The Monitoring Plan will propose a general plan of feasible actions to monitor the implementation of the mitigation measures and the impacts of the project during the construction and operation. The Monitoring Plan should include an estimate of costs required to successfully implement such plan as well as the parties responsible to carry out this plan. Task 8 Preparation of the Resettlement Policy Framework (RPF). The Consultant should prepare as par to the ESMF a Resettlement Policy Framework (RPF) as outlined in Annex 3 and 4. The RPF should be included as an Annex to the ESMF and disclosed in-country along with the ESMF. 12. Reporting It is anticipated that the Consultant would complete the work over a maximum duration of 3 months for a total of about 45 work days. The expected outputs of this assignment are as suggested in the following schedule:  Inception Report (no later than 2 weeks from the signed contract)  Draft ESMF – including draft RPF Annex (no later than 6 weeks from the signed contract and before public consultation takes place)  One public consultation on the draft ESMF (no later than 8 weeks from the signed contract);  Final ESMF – including RPF Annex (no later than 9 weeks from the signed contract) including results of public consultation outcome. The Consultant shall organizing a meeting at the start of ESMF-RPF preparation with appropriate members of the project preparation team and provide a draft ESMF – including draft RPF Annex for review to the Ministry of Urban Development and the World Bank Project Task Team for review and comment. A final ESMF - including RPF Annex will be prepared taking account of comments provided by the implementation team and World Bank Task Team. The final ESMF - RFP will be submitted to the World Bank Regional Safeguards Secretariat (RSS - ECA) for approval / clearance. The estimated time for submission of the final ESMF- RFP is 9 weeks. The Ministry of Urban Development will provide to the Consultant all available documents that would facilitate completion of the RPF, including any studies on environmental and social impacts. 52 Project for Integrated Urban Economic Development Environmental and Social Management Framework The final ESMF and RPF will be made available in English and Albanian languages; working drafts shall be provided in English. 13. Consultant skills The Consultant will report to MoUD and should have skills and relevant experience, including experience in similar projects, required to carry out the described tasks.  He/she must have University Degree (or equivalent of master level) in Environmental Sciences, Civil and Environmental Engineering, Environmental Policy, Natural Resource Management or in a related field.  Knowledge of social safeguards/and knowledge of WB social safeguards  At least 10 years work experience on related assignments  At least 5 years (out of 5 years‟ experience) of practical experience in environmental (and social) safeguards practice acquired with the public authority/ ies or with international project/s  Working experience on the World Bank of other international organizations / projects, at the positions which are similar to this ToR. The consultant will propose the experts in disciplines that he considers necessary in order to cover the whole scope of work described in this document and to prepare the delivery materials. The consultant will ensure that suitably qualified experts are identified and organized, as required for each of the various tasks outlined above. 53 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 3. Description of potential project areas A. Description of urban centers that will benefit from integrated urban implementation activities project 2.1. Gjirokaster "City of Stone" (40°04′33″N; 20°08′20″E) Gjirokastra is a town and a municipality in Southern Albania. Lying in the historical region of Epirus, it is the capital of Gjirokastra County. Its old town of Gjirokastra was inscribed in the UNESCO World Heritage list in 2005, as a rare example of an architectural character typical of the Ottoman period. Gjirokastra is situated in a valley between the Gjerë Mountains and the Drino, at 300 metres above sea level. The city is overlooked by Gjirokastra Fortress. Gjirokastra is the birthplace of notable writer Ismail Kadare. The present The total of municipality population is 25,301 (2011 census), in a total area of 469.25 square kilometres. The city's walls date from the third century. The high stone walls of the Citadel were built from the sixth to the twelfth century. During this period, Gjirokastër developed into a major commercial center known as "Silver City" or "Silver Castle". The novel Chronicle in Stone by Albanian writer Ismail Kadare tells the history of this city during the Italian and Greek occupation in World War I and II, and expands on the customs of the people of Gjirokastra. The city is built on the slope surrounding the citadel, located on a dominating plateau. Although the city's walls were built in the third century and the city itself was first mentioned in the 12th century, the majority of the existing buildings date from 17th and 18th centuries. Typical houses consist of a tall stone block structure which can be up to five stories high. Maps of Gjirokastra There are external and internal staircases that surround the house. It is thought that such design stems from fortified country houses typical in Southern Albania. The lower storey of the building contains a cistern and the stable. The upper storey is composed of a guest room and a family room containing a fireplace. Further upper stories are to accommodate extended families and are connected by internal stairs. Since Gjirokastëra's membership to UNESCO, a number of houses have been restored, though others continue to degrade. 54 Project for Integrated Urban Economic Development Environmental and Social Management Framework Many houses in Gjirokastër have a distinctive local style that has earned the city the nickname "City of Stone", because most of the old houses have roofs covered with flat dressed stones. The city, along with Berat, was among the few Albanian cities preserved in the 1960s and 1970s from modernizing building programs. Both cities gained the status of "museum town" and are UNESCO World Heritage sites. Photo: View from old town of Gjirokastra Gjirokastër features an old Ottoman bazaar which was originally built in the 17th century; it was rebuilt in the 19th century after a fire. There are more than 500 homes preserved as "cultural monuments" in Gjirokastër today. The Gjirokastër Mosque, built in 1757, dominates the bazaar. Gjirokastër is situated between the lowlands of western Albania and the highlands of the interior, and has thus a hot-summer Mediterranean climate, though, (as is normal for Albania), much heavier rainfall than usual for this climate type The city historic areas (both core and buffer) suffers from disparities in level of standard of urban infrastructures, quality of urban environment and tourism pedestrian accessibility between the more developed and touristic part of the Bazar, north of the castle, and the settlements perched on the hills South of the castle. 2.2.Berati, “Town of a Thousand Windows” (41°19′N; 19°27′E) Berati is located in central Albania and was inscribed in the UNESCO World Heritage list in 2005. It features a castle, locally known as the Kala, most of which was built in the 13th century, although its origins date back to the 4th century BC. The citadel area numbers many 55 Project for Integrated Urban Economic Development Environmental and Social Management Framework Byzantine churches, mainly from the 13th century, as well as several mosques built under the Ottoman era which began in 1417. Photo: Viw from Berati, “Town of a Thousand Windows” (source; www.google.al) Berat was a fortified but open town, and was over a long period inhabited by craftsmen and merchants. Its urban center reflects a vernacular housing tradition of the Balkans, examples of which date mainly from the late 18th and the 19th centuries. This tradition has been adapted to suit the town's life styles, with tiers of houses on the slopes, which are predominantly horizontal in layout, to make abundant use of the entering daylight. The Citadel overlooks the river and the modern city as well as the old Christian quarter across the river. It is a well preserved area containing narrow streets, Turkish houses and Orthodox churches. The town is still renowned for its historic architecture and scenic beauty and is known as the "Town of a Thousand Windows", due to the many large windows of the old decorated houses overlooking the town. The Citadel of Berat in its present state, even though considerably damaged, remains a magnificent sight. The surface that it encompasses made it possible to house a considerable portion of the town's inhabitants. The buildings inside the fortress were built during the 13th century and because of their characteristic architecture are preserved as cultural monuments. The population of the fortress was Christian, and it had about 20 churches (most built during the 13th century) and only one mosque, for the use of the Muslim garrison. Contextual description (see map): The protected historic core is composed by three distinct areas: (i) the Castle, well preserved and attracting large number of tourists. The vehicular access to the Castle is narrow and of poor quality asphalt, ending in a dead-end with unorganized and insufficient parking. (ii) Mangalam: at the foothill of the castle, easily 56 Project for Integrated Urban Economic Development Environmental and Social Management Framework accessible by foot from the promenade of more modern Berat, it is characterized by narrow streets in need of upgrading; and (iii) Gorica, on the South bank of the river Osumit, is located in a more isolated and detached area and characterized by a high level of urban decay (both streets and historic buildings). The buffer areas on the hills on the east and west of the castle are characterized by modern, mostly illegal buildings of poor visual value, affecting the views form the castle. The lower historic expansion of the city center to the west is characterized by a transition area with a mix of vernacular/historic and modern building, hinged around a system of public open spaces that include the “Square of religious coexistence”. Maps of Berati Berati experiences a mediterranean climate. Due to its location in a rain shadow of Mount Tomorr the summer in Berati is much warmer than the rest of Mediterranean. 2.3.Permeti (40°14′0″N, 20°21′0″E) Permeti is a small municipality of a 10,600 people and the entry point to the heart of Balkans. Among all visited towns, it showed a better prospect of becoming a sub-hub. There are many excursion opportunities, including a hot spring, waterfalls and villages. View from Përmeti 57 Project for Integrated Urban Economic Development Environmental and Social Management Framework It also has a good potential for trail development. In addition, it could provide an important support for tourism diversification towards eco-tourism. There is also potential for it to consolidate as an anchor for the cross-border tourism from Zagoria in the future. Photo from Përmeti region 2.4.Saranda, Albanian tourism Gate (39°52′30″N, 20°0′36″E) Saranda is a town and municipality in Vlora County, Southern Albania. It is one of the most important tourist attractions of the Albanian Riviera. It is situated on an open sea gulf of the Ionian Sea in the central Mediterranean, about 14 km east of the north end of the Greek island of Corfu. The total population is 20,227 (2011 census), in a total area of 58.96 km2. However the population according to the civil offices is 41,173. Near Sarandë are the remains of the ancient city of Butrint, a UNESCO World Heritage site. 2.5. Ksamili (39°46′0″N,20°0′0″E) Ksamil is a village in the riviera of Southern Albania, and part of Butrinti National Park. The Coastal village, built in 1966 and is located South of the city of a Saranda.The population at the 2011 census was 2,994. Photo: View of Ksamili village Ksamili is one of the most frequented Coastal resorts by both domestic and foreign tourists. Ksamil Beach and Albania's Jonian Coast further north was included in the Guardian's 20 of the best bargain beach holidays for 201340. The main attractions are the nearby Ksamil Islands. The mainland beach is small but clean. 40 http://www.guardian.co.uk/travel/2013/jan/04/20-best-beach-bargain-holidays-2013 58 Project for Integrated Urban Economic Development Environmental and Social Management Framework 2.6.Butrinti (39°44′46″N, 20°1′13″E) Butrint National Park (Albanian: Parku Kombëtar i Butrintit) is a national park created in November 2000 and located in Southern Albania. Photo: Amphitheatre and lagoon of Butrinti It protects 94.24 square kilometres of historic landscape, archaeology and environment. The park's boundary includes the seaside municipality of Ksamil. The park, a UNESCO World Heritage Site, is one of the most important archaeological sites in the country containing different artifacts and structures which date from the Bronze Age up until the 19th century. A number of major monuments are still extant including the city walls, late-antique baptistery, great basilica, and theatre and Venetian castles. In addition to archaeological remains the site is robed by natural woodland with a complex ecosystem which depends on the nearby freshwater Lake Butrint and Vivari Channel which drains the lake into the Ionian Sea. It is this combination of historic monuments and natural environment that makes Butrint such a unique place, a 'landscape with monuments' as beloved of the Grand Tourists of the 18th and 19th centuries. The Albanian Government established the Butrint National Park in 2000. The National Park was also made a UNESCO World Heritage Site during these years as well as a Ramsar Site41. B. Touristic sites pre-selected that will benefit from project implementation activities 2.7.Narta Lagoon (40°29′57″N, 19°27′26″E) Narta Lagoon is located near the Narta village with geographic coordinates 40°29′57″N; and 19°27′26″E. It is the second largest lagoon in Albania referring to size and is located a few kilometres north of the city of Vlora. The lagoon is part of the Narta-Vjosa Protected Landscape and is connected by two short canals to the Adriatic Sea. In the lagoon are two islands. The larger one is named Zvërnec Island. A wooden footbridge connects Narta to the island, where a 13th-century monastery is located. The Narta lagoon, located in the north of village, home a unique ecosystem. 41 Ramsar (August 4, 2010). "The list of wetlands of international importance" 59 Project for Integrated Urban Economic Development Environmental and Social Management Framework Photo: Zverneci Island and Narta Lagoon (source: www.google.al) Figure : Vlora Bay and Narta lagoon and Orikum The Lagoon of Narta has an area of 4180 ha and is one natural ecosystem with possibilities for development of eco-tourism, poultries observation, fishing etc. It represents the second campus in Albania for seabirds. In Narta there are 195 kinds of poultries. During the winter there nest about 48.700 seabirds, 23% of wintrily poultries that come in Albania42. In the same time there arrive white tailed eagles, flamingos, peregrines, black kites etc. The area of Narta is known for its handicraft produce of high quality wine. In lagoon's waters live different types of fish, but the typical ones are such as eel and Narta's bass. The beauty of Narta Lagoon consists of its rich marine life, the diversity of plant species, the remarkable sand dunes created by the wind, Vjosa River‟s delta and the 195 kinds of poultries counted in the area. Narta Lagoon (Laguna e Nartës) is also important for eco-tourism. Zvërnec Island is an island within the Narta Lagoon in Southern Albania. The island is nearly all covered with tall pine trees and is just east of a much smaller island. It is 430m in length and has a maximum width of 300m. Zvërnec Island is connected to the mainland by a 270m long wooden bridge. The island is a tourist attraction because it contains the well preserved 13th-14th century Byzantine Zvërnec Monastery. Near the island lies the village that bears the same name. The island has an area about 9 hectares. 42 http://www.albania.al 60 Project for Integrated Urban Economic Development Environmental and Social Management Framework Monastery of Saint Mary, also known as the Monastery of Zvernec, is an important cultural monument on the Zvernec Island in the Narta Lagoon. The Byzantine church, build in the 13th century is a spiritual oasis for Christians in the area. The Church of holy Mary is a beautiful place of worship, peaceful and surrounded by evergreens. Vjosë-Nartë is protected landscape areas, rich in wetlands and aquatic birds, situated in Vlora District with current size 19,738.00 hectares. The geographic borders are: a) North: River Estuary Vjosë ( 4357230.70L / 4503383.01V ), follows the flow of river Vjosa to the point with coordinates ( 4374598.35L / 4497984.40V ) ; b) East: point with coordinates ( 4374598.35L / 4497984.40V ), follows the back hills Three Brotherhood quota 105.0 m, pedestrian path, and the top Cipllakuit ( 235.1 m ), quotes 246.0 m, 221.0 m, 227.6 m, passes near the village Kërkovë, yeast Mutrevës ( 222.6 m ), quotas 196.0- m, village Bestrove, quotes 204.0 m, 202.0 m, 164.0 m, 160.8 m, crossing the roadway Well of the Muezzin ( 4371353.76L / 4484988.27V ) ; c) South: Crucifix of roadway Well of the Muezzin ( 4371353.76L / 4484988.27V ), passing near the salt mine, the Kavallonës well to the point of meeting with the Adriatic Sea ( 4367602.48L / 4484771.87V ) ; d) West: The point of meeting with the Adriatic Sea ( 4367602.48L / 4484771.87V ) and continues along the Coastline to the mouth of the River Vjosa. 2.8.Orikumi (40°20′0″N, 19°28′0″E) Orikumi (Orikos) is a former municipality in the Vlora County. At the 2015 local government reform it became a subdivision of the municipality of Vlora. It was named after the ancient city Oricum, which was located 4 km west of modern Orikum. The population at the 2011 census was 5,503. Nearby the modern city is located the only marina in Albania. Photo. Orikum: The archaeological park and the cave of Haxhi Ali Its geographical position made it an important harbor and a trading center on the Adriatic Coast. Orikum was important to military as well. It was used by the Romans as a defensive base in the wars against the Illyrians as well as in the 3rd century BCE against the Macedonians, who later occupied it in 214 BCE. Julius Caesar used the area as a troop 61 Project for Integrated Urban Economic Development Environmental and Social Management Framework encampment for several months until Pompeius Magnus took them. Being subject to such varied cultural influences, Orikum became a thriving urban center. This is evident by various archaeological ruins, such as part of an orchestra platform and a small theater with the capacity to hold 400 spectators. Orikumi is an archaeological site of prime importance. According to some specialists, it may even surpass Butrinti in significance. Orikumi lagoon is located at the Southern end of Dukati (Vlora) bay, in a restricted military zone and is connected to the sea by a canal. Only about 130 ha of the former larger Orikumi (Pasha-Limani) Lagoon remained in the present days. Some 25 years ago drainage works and the construction of a dike dried up approximately 400 ha of the former lagoon. Many agricultural polders are currently abandoned or used for non-intensive grazing and natural vegetation has invaded considerable part of the formerly cultivated lands. 2.9.Karaburuni Peninsula The northern and western Coasts are 14 km in length from Cape Karloveci to Cape of Gjuheza, extending up to Bristani Bay. The slopes of Karaburuni Peninsula are very steep on the western side, culminating in the central part. The western side is characterized by high vertical cliffs diving underwater to great depths, deeply incised by canyons with intermittent sandy beaches. These cliffs are highly subjected to erosion and numerous caves can be seen where freshwater springs often percolate. The vegetation is dominated by low and sparse shrubs on both sides of the ridge, with some loose patches of conifers and other tree species. The underwater Coastal environment along the western side is quite diversified and relatively abundant and is organized into various descending marine ecological zones. The peninsula‟s canyons and caves, often inaccessible by land, are ideal habitats for monk seals. The area holds some interests for fishery. Karaburun-Sazan is a Marine National Park situated in Vlora. The total area of this park is 12 428.00 ha, divided as follows: The offshore section of the Karaburun peninsula has an area of 9 848.95 hectares. The offshore area near the Karaburun Peninsula, the Cape of St. Basil to the site Langadhës, and about Sazan Island, at a distance of 1 nautical mile, the Coastline has been identified by local experts and foreign as areas high value natural heritage. This region is rich with variety of underwater landscapes, habitats and species of marine flora and fauna; as shelter, food and breeding a large number of species of national, regional and global. They are also a suitable substrate for the growth of many plant and animal organisms underwater, beginning with marine algae, sponges, molluscs, crustaceans, coral red, reptiles, mammals and habitats possible for the Mediterranean monk seal. One of the hallmarks of the biodiversity of this area are underwater meadows of Posidonia (Posidonia Oceanica), which qualify as the kind of deteriorated, and the Mediterranean Sea. Their scope depends on the nature and composition of the seabed, the water features, such as 62 Project for Integrated Urban Economic Development Environmental and Social Management Framework transparency, cleanliness, etc. which best met around the Karaburun Peninsula and Sazan Island. This area is inhabited or visited by species globally endangered, critically, which are listed in the international conventions to which adheres Albania, such as some types of fish, sharks, sea turtles, dolphins and monk seal (Monachus monachus ). Digitized boundaries include: a. North: Count 1 (offshore), with distance 1 nautical mile (1852m) from Cape Gjuhezes, coordinates 4353018.48 V 4478005.72 L, to the point 2 (sea), with distance 1 nautical mile (1852m) from Cape St. Basil, coordinates 4477378.71 4363780.19 V L; a. North: Count 1 (offshore), with distance 1 nautical mile (1852m) from Cape Gjuhezes, coordinates 4353018.48 V 4478005.72 L, to the point 2 (sea), with distance 1 nautical mile (1852m) from Cape St. Basil, coordinates 4477378.71 4363780.19 V L; b. East: Point 2 (sea), with distance 1 nautical mile (1852m) from the bay of St. Basil, coordinates 4363780.19 V 4477378.71 L and then continues along the Coastline from Cape St. Basil, Cape Dim Kushtës, cape and breast of St. John, Cape Gjuhezes, follows the western Coastal mountain Karaburun, Gjinarës Coast, on the tail of Mali, the radius of the Channel, the website Langadhës to point 3, coordinates 4449696.28 4379221.15 V L; c. South: Count 3, coordinates 4449696.28 4379221.15 V L, to point 4 (offshore), with distance 1 nautical mile (1852m) from the Langadhës, coordinates 4448193.75 4378104.94 of L; d. West: Point 4 (offshore), with distance 1 nautical mile (1852m) from the Langadhës, coordinates 4378104.94 and 4448193.75 L and follow izobatin to point 1 (offshore), with distance 1 nautical mile (1852m) from the bay The Gjuhezes, coordinates V 4478005.72 4353018.48 L. 2.10. Karaburuni to Dhermi The Coastline along Rreza e Kanalit stretches for 30 km, and extends from Bristani Bay to Dhermi. Rreza e Kanalit area is similar to the Karaburuni Peninsula in terms of marine flora and fauna. The area is defined by the considerable height of the Mount Cikes Ridge running directly parallel to the shoreline, with series of coves, cliffs and mixed sand/pebble beaches at the seashore. The Llogara National Park is included in the area. Further along the Coast is Palasa valley, which is an erosion valley and delta created by spring fed rivulets; and Dhermi, characterised by two streams, one intermittent and one spring fed, that have carved two small valleys on the South side of the larger Palasa valley near the sea. The Dhermi stream is spring fed and has cut deeply into the landscape producing a canyon and many cliffs up stream. On the sea-facing slopes the vegetation is in most places like on the Karaburun peninsula, low, sparse and shrubby, whereas further inland there are areas with maquis-like vegetation and conifers stands. The Coastal shoreline along the bay area has cultural heritage sites of significant value including: sculpted frescoes from early Christian period, inscriptions from Hellenistic period, and the Gama Bay ancient quarries and inscriptions. 63 Project for Integrated Urban Economic Development Environmental and Social Management Framework 2.11. Dhermi village to Porto Palermo The Coastal profile from Dhermi to Porto Palermo encompasses several different environments. The Coastal relief is more gentle, sloping to the sea bed, with the exception of few rocky outcrops. The underwater environment is characterized by an important swell adjacent to the Coast composed of alternating pebbles, gravel rock with sand. Posidonia oceanica sea grass meadows dominate the shallow areas. Vunoi Canyon is very impressive; its special habitat has a potentially high biodiversity and prehistoric remains (Iron Age) have been found in a grotto along the canyon. The canyon extends to the sea and into a narrow gorge, culminating in a beautiful secluded pocket beach. Porto Palermo is protected landscape areas, highly attractive as a potential site for tourism and nautical sports. It is a naturally well-sheltered area, where the ancient settlement of Panormis was located, and has a potential as nautical base; Ali Pasha‟s castle, a museum and some military buildings could be used as information and educational centers. The submarine base with its 800-m long tunnel could be attractive for tourists, as well as the archaeological remains (amphoras) of the II century BC that can be found in this bay. 2.12. Cape Qeparo to Cape Qefali Cape Qeparo to Cape Qefali encompasses 20 km of shoreline divided between the districts of Vlora and that of Saranda. This part of the Coastline is characterized by the succession of different geological ages producing seven landscapes: (1) The rocky cape of Qeparo; (2) Qeparo; (3) Borshi Plain with the large olive plantations; (4) the narrow Coast of Lukova, with large slanted limestone layers; (5) the wide Coast of Cape Qefali; (6) the beaches of Kakome; (7) and the vertical folded cliffs of the Bay of Pogajetes, north to Cape Qefali. The white sandy beaches are prominent throughout the region and extend well into the marine environment up to 20m in depth. 2.13. Cape Qefali to Cape Stillo The Coastline profile from Cape Qefali to Cape Stillo is not as spectacular as the adjacent regions. The Coastline can be divided into several sections: (from Cape Qefali to Saranda, the cliffs are low and inclined enclosing small gravel beaches; (2) the area including the town of Saranda; (3) the area South of the town of Saranda; (4) the abandoned citrus plantations and deforested areas in the vicinity of Ksamil; (5) Ksamili Islands, with small sandy beaches, wind sculpted maquis forests; (6) the cape of Shkalla with low rocky cliffs and small pocket beaches; (7) the area of Lake Butrinti and the delta plain is one of the richest nurseries and breeding habitats along the Southern Coast; (8) the rolling hills South of Lake Butrint, with small river beds, pocket beaches and wetlands; and (9) the pristine and rocky island of Stillo. 2.14. The Blue Eye (39°55′25″N, 20°11′34″E) The Blue Eye is a water spring and natural phenomenon occurring near Muzinë in Vlora County, Albania. A popular tourist attraction, the clear blue water of the river bubbles forth from a stunning, more than fifty-metre-deep pool. Divers have descended to fifty metres, but it is still unclear what the actual depth of the karst hole is43. 43 https://en.wikipedia.org/wiki/Blue_Eye,_Albania 64 Project for Integrated Urban Economic Development Environmental and Social Management Framework This is the initial water source of Bistrica river, 25km long, which ends in the Ionian Sea South of Saranda. The source is a natyre monument and it has a discharge rate of 18400 l/s. The immediate area (180 ha) is a nature reserve and is characterized by oak and sycamore trees. In summer 2004, the source was temporarily dried up. 65 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 4. Example of an « Environmental and Social Mitigation Plan for Berat Cobblestone road »Mihal Komneno » » Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) Pre-construction Cleaning up of the work site from In consultation with the NA 7,413 ADF/Municipali Contractor As provided in BOQ inert materials, dirt; Removal of Municipality of Berat, provide ty of Berat existing antenna and abandoned an appropriate method for building recycling construction materials and scrap metal materials. Pre-Construction Materials supplied from illegal or use existing and licensed stones NA NA stone quarry Contractor to No asphalt will be used during unauthorized sites may exert quarries; obtain all the reconstruction activity pressure on the natural resources requirement for official approval permits or valid operating license Specific stones will be used according to the technical project Construction Dust generated during transport of wet or covered truck load NA 70/month Construction Construction To be specified in bid documents stone or aggregate materials Contractor Contractor Construction Dust generated during water construction site and material NA 100/month Construction Construction To be specified in bid construction works storage sites as appropriate Contractor Contractor documents. Construction Air pollution and noise from Do not allow vehicles or Minimal Minimal Construction Construction machinery on site, transport and machinery to idle on site Contractor Contractor combustion on site Use attested and proper equipment No open burning or combustion of any sort allowed on site Construction Noise disturbance to humans and Check that noise emitted during minimal 50/month Construction Construction To be specified in bid animals rehabilitation of the pedestrian road Contractor Contractor documents. does not exceed the national norms set out in regulations (85 dB for urban environment, outside) Construction Traffic that may create noise, Arrange for material transport at NA minimal Construction Construction vehicle exhaust, road congestion hours of minimum traffic. Use Contractor: Contractor: on and around the site alternative routes to minimize Transport Transport traffic congestion. Works to be manager and performed alternatively on half of Truck operator manager and the road length in order to allow Truck operator pedestrians to pass 66 Project for Integrated Urban Economic Development Environmental and Social Management Framework Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) Construction Traffic disruption during Traffic management plan with as minimal Construction Construction Measures to be included in the construction activity appropriate measures to redirect specified Contractor Contractor Traffic management Plan (Bid traffic and is easy to follow; in documents) in bidding cooperation with the local authorities, include traffic police docum ents Construction Vehicle and pedestrian safety Appropriate lighting and well as minimal Construction Construction defined safety signs. Timely specified Contractor Contractor announcement in the media when in bidding construction will take place documents Construction Water and soil pollution from organize and cover material as 50 / month Construction Construction It is recommended that stones improper material storage, storage areas; reuse soil for specified Contractor Contractor and other materials that will be management and usage of covering up the drainage system, removed, to be reused and in bid construction machines isolate wash down areas of recycled at the advice of the concrete and other equipment from documents Institute of Cultural Monuments watercourse by selecting areas for and the municipality. washing that are not free draining directly or indirectly into watercourse; Install leak control equipment Ensure proper waste management on site in order to prevent pollution Have a leak control mechanism in place and emergency interventions to control spills Construction Water and soil pollution from Dispose waste material at minimal 100/month Construction Construction Most of the waste generated can improper disposal of waste appropriate designated location of the Contractor Contractor be recycled. materials protected from runoff, in additional cooperation with the municipality of Berat. 3,840 EUR For temporary, short storage of foreseen in wastes, select an area on BOQ impermeable surface, away from 67 Project for Integrated Urban Economic Development Environmental and Social Management Framework Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) any potential leaking into the watercourse. Collect and adequately manage all wastes in a timely manner, including dredged material that can only be disposed of at locations approved by the municipality Construction Potential contamination of soil proper handling of lubricants, fuel minimal minimal Construction Construction The municipality of Berat must and water from improper and solvents by secured storage; Contractor Contractor provide a written permission for maintenance and fueling of ensure proper loading of fuel and an appropriate waste disposal equipment maintenance of equipment; collect all waste and dispose to permitted site before the construction waste recovery facility. In the case works may commence of leakage the contaminated soil should be collected and as hazardous waste disposed. The waste should be collected in separate containers. Have a leak control mechanism in place and emergency interventions to control spills Construction minimal minimal Construction Interruption of surface and In line with approved design, Construction Contractor underground drainage patterns maintain natural drainage pattern. Contractor during construction, creating of standing water. Construction Workers health and occupational minimal Construction Construction safety provide workers with safety Contractor Contractor instructions and protective equipment (glasses, masks, helmets, boots, et ; safe organization of bypassing traffic; medical kit present at the site Construction The clearing of vegetation shall be NA According Construction 68 Project for Integrated Urban Economic Development Environmental and Social Management Framework Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) kept to a minimum, with to the Contractor; Impacts on vegetation, trees, replacement planting planned and national Forestry meadows, etc. conducted, and shall be done in Directorate, environment coordination with the measures for al protection of habitats and river banks. regulations, for 1 tree that is cut, 3 must be planted Construction Chance finds items of In case of any chance finds during NA In case of Construction Albanian legislation details cultural/historical interest. excavation and general works, the chance Contractor, necessary actions in case of works will cease immediately, the ADF, chance find items. finds, the area will be secured and the municipality of project Berat relevant authorities will be informed within three days of said owner will finds. The authorities will have pay for all fifteen days to respond and indicate required what measures need to be taken to investigatio proceed with the works. ns Construction Labour and working conditions a) Preventative health As minimal Contractor, Contractor It is a legal requirement to examinations for workers, training specified ADF provide protective equipment for 69 Project for Integrated Urban Economic Development Environmental and Social Management Framework Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) a)Disease prevention and health on disease prevention, provision of in BOQ safety at work examinations education/ information and health related to reduce sexually related disease. b)Creation of additional workplaces b) Informing of local population on vacancies. Maximum possible c)Workforce accommodation involvement of local labour d)Workers safety on site c) Accommodation needs will be assessed in all worker camps. Ensure standard for accommodation d) provide workers with safety instructions and protective equipment (glasses, masks, helmets, boots, etc); b)Provision of construction workers training c) Grievance mechanism for workers to raise reasonable workplace concerns (comments or complaints) Operation / Noise disturbance to local Limit activities to daylight working Minimal minimal Maintenance Maintenance to be specified in maintenance Maintenance population and workers caused hours (as agreed with local minimal minimal contract documents-Technical by regular and scheduled authorities.) Contractor/LGU Contractor/LGU Specifications for realization of maintenance works on the road, maintenance works, in the lighting system and the cooperation with the Institute of panoramic point. Cultural Monuments. It is recommended that maintenance works by authorities in charge, as decided in cooperation with the ICM, to 70 Project for Integrated Urban Economic Development Environmental and Social Management Framework Cost (in EUR) Institutional responsibility Comments Phase Issue Mitigating measure Install Operate Install Operate (e.g. secondary impacts) commence after the heavy rain period. 71 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 5: Example of an Environmental and Social Monitoring Plan for Berat Cobblestone road to castle, Mihal Komneno 72 When is to be Indicators Cost Institutional responsibility Why is the ProjectWhat for Integrated Urban Economic How is to be monitored? activity/impact is to Development Environmental Where will be and Social Management Framework parameter to be Phase monitored?/ type of (frequency of be monitored? monitored? monitored? Install Operate Install Operate monitoring equipment measurement or (optional continuous) Pre- possession of official on location of inspection of all before work to ensure possession of NA NA Quarry Quarry Operator Construction approval or valid stone quarry necessary documents begins sustainable use official approval Operator operating license for stone of materials or valid operating quarries and other material license supply subjects Construction Covering or wetting down ensure Covered truck NA minimal ADF Supervision transported materials that job site – each supervision continuously minimal load Report from Contractor can generate dust, such as vehicle disruption to the supervising stone, sand or gravel air quality engineer Supervision Contractor Construction Congestion on site, On the site Visual supervision regularly by To ensure Number of minimal a) ADF Supervision disruptions to traffic supervision minimal complaints Contractor patterns, complaints on disruptions to received traffic management the local traffic Construction Damage to soil structure, job site supervision unannounced To ensure land slips, NA minimal ADF minimal landslides and slips, inspections minimal erosion, damaged embankments during work, after impacts on embankments heavy raining soil Construction Noise disturbance to job site; nearest noise meter and once for each b- assure Nr of grievances minimal minimal ADF Supervision human and animal homes analyzer, machine and compliance of recorded Contractor population, and workers inspection equipment when performance on site works start and with on complaint environment, health and Construction Air pollution parameters At and near job Sampling by Upon complaint To ensure no Nr of grievances minimal ADF Supervision of dust, particulate matter site authorized agency excessive recorded, 100/mont Contractor emissions reports of REA h during works Construction water and soil quality At and near job Sampling by Upon complaint To ensure no Nr of grievances minimal minimal ADF Supervision (suspended solids, oil and site (upstream authorized agency or spill/leak into excessive recorded, Contractor grease and downstream) Visual inspection of the river emissions reports of REA leaks or runoff during works Construction Safety signage in place At and near job Visually by Regularly To ensure Number of signs minimal ADF Supervision minimal site supervisor clear posting Contractor of safety signs 73 Project for Integrated Urban Economic Development Environmental and Social Management Framework Construction Disposal of waste On site for timely Through official Before start of To ensure Designation from minimal ADF Supervision minimal materials at authorized site collection and designation of the works and proper waste municipality, Contractor disposal on final commune, visually regularly management amounts of waste disposal site removed Construction / Protective equipment job site inspection unannounced number of on-job NA minimal Supervision Supervision Workers safety (glasses, masks, helmets, inspections accidents , ADF Contractor boots, et ; organization of during work recorded bypassing traffic. Construction/ job site Supervision, during material Reports of NA minimal Destruction of photographic reports delivery and frequent visits on Supervision crops, trees construction site by the Env. Contractor, meadows etc loss of/impact on Expert NA minimal ADF vegetation Catalogue of Should be Construction/ Cultural properties Job site Expert visits from continuous items found, part of the minimal Supervision Institute for Cultural including regularly Supervision Contractor, Cultural Chance find Monuments, regular photographic and scheduled Contractor, Directorate, ADF items supervision textual activities ADF, ICM documentation Operation observation at and near job Number of minimal minimal LGU maintenacne Vehicle and visibility and site once per week in warning signs Contractor pedestrian safety appropriateness the evening installed, number when there is no of accidents construction recorded activity 74 Project for Integrated Urban Economic Development Environmental and Social Management Framework Increase of Visual impact At or near job site visits on site and Once per every For aesthetical Lack of waste on Should be LGU LGU domestic solid communication with two days by the reasons the ground, part of the waste due to local authorities LGU for empty waste bins regularly increased maintenance scheduled number of reasons activities visitors to the by the site LGU a)Disease 1) Health examinations for At or near job site visits on site and Once a week by To ensure Knowledgeable Should be Minimal ADF, supervisor, contractor prevention and workers, communication with ADF proper workforce on part of the supervisor, health 2) training on disease workers and implementatio procedures, regularly contractor examinations prevention, including STD community n of health and Equipped with scheduled safety safety equipment activities requirements b)Creation of 1)Informing of local additional population on vacancies workplaces 2)Involvement of local labour c)Workforce 1)Accommodation needs accommodation will be asessed 2)standard for accomodation d)Workers safety 1)safety instructions and on site protective equipment (glasses, masks, helmets, boots, etc); safe 2)organization of bypassing traffic 3)Availability of grievance mechanism and grievance focal point 75 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 6. Social Screening Process Probable Involuntary Resettlement Impacts Table No Involuntary Resettlement Impacts Questions Yes/No Not Known Details/Notes 1 Will the intervention include new physical construction work? 2 Does the intervention include upgrading or rehabilitation of existing physical facilities? 3 Is the intervention likely to cause any permanent damage to or loss of housing, other assets, resource use? 4 Is the site chosen for this work free from encumbrances and is in possession of the government/community land? 5 Is this sub project intervention requiring private land acquisitions? 6 If the site is privately owned, can this land be purchased through negotiated settlement? 7 If the land parcel has to be acquired, is the actual plot size and ownership status known? 8 Are these land owners willing to voluntarily donate the required land for this sub-project? 9 Whether the affected land owners likely to lose more than 20% of their land/structure area because of donation? 10 Is land for material mobilization or transport for the civil work available within the existing plot (Right of Way)? 11 Are there any non-titled people who are living/doing business on the proposed site/project locations that use for civil work? Is any temporary impact likely? 12 Is there any possibility to move out, close of business/commercial/livelihood activities of persons during constructions? 13 Is there any physical displacement of persons due to constructions? Does this project involve resettlement of any persons? If yes, give details. 14 Will there be loss of /damage to agricultural lands, standing crops, trees? 15 Will there be loss of incomes and livelihoods? 16 Will people permanently or temporarily lose access to facilities, services, or natural resources? 17 Are there any previous land acquisitions happened and the identified land has been already acquired? Summary Table of Involuntary Resettlement Impacts No Measures of Impact Activity 1 1 Private land required In Sq. m. 2 No of Land owners losing more than 20% of Land Area 3 Governmental land required in Sq. m. 76 Project for Integrated Urban Economic Development Environmental and Social Management Framework 4 Forestland required in Sq. m. 5 No of houses affected 6 No of shops affected 7 No of other structures affected Annex 7. Steps Leading to Preparation of the Resettlement Action Plan Step 1. Finalization of Project Activities Step 2. Finalization of the responsibilities and duties distribution within the parties Step 3. Cooperation and Agreements with LGUs / IoCMs Step 4. Local communities and required land identification Screening is performed. Step 5. Relocate (Site does not meet screening criteria) Step A. Site determined suitable Step 6. OP 4.12 National Law (Resettlement (meets screening criteria) cannot be avoided) Step 7. Carry out socio- economic survey/census Step 8. Prepare RAPs/ ARAPs Step 9. ADF forwards RAPs/ARAPs to LGU/WB for screening/ approval Step B. A RPF is not required as Step 10. ADF forwards RAPs/ARAPs to reference. The reference needs to LGUs for verification and WB for 77 be only the ESMF approval. Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 8. Possible Outline and Contents for the RAP/ARAP 8.1. Contents for Resettlement Action Plan A Resettlement Action Plan will include as by the Handbook for Preparing a Resettlement Action Plan the below listed chapters and subchapters. Along with the main structure is explained the content needed in each chapter. Introduction - Briefly describe the project. - List project components including associated facilities (if any). - Describe project components requiring land acquisition and resettlement; give overall estimates of land acquisition and resettlement. Minimizing Resettlement - Describe efforts made to minimize displacement. - Describe the results of these efforts. - Describe mechanisms used to minimize displacement during implementation. Census and Socioeconomic Surveys - Provide the results of the census, assets inventories, natural resource assessments, and socioeconomic surveys. - Identify all categories of impacts and people affected. - Summarize consultations on the results of the various surveys with affected people. - Describe need for updates to census, assets inventories, resource assessments, and socioeconomic surveys, if necessary, as part of RAP monitoring and evaluation. Legal Framework - Describe all relevant local laws and customs that apply to resettlement. - Identify gaps between local laws and World Bank Group policies, and describe project-specific mechanisms to address conflicts. - Describe entitlement policies for each category of impact and specify that resettlement implementation will be based on specific provisions of agreed RAP. - Describe method of valuation used for affected structures, land, trees, and other assets. - Prepare entitlement matrix. Resettlement Sites - Does the project require community relocation sites? Have affected people been involved in a participatory process to identify sites, assess advantages and disadvantages of each site, and select preferred sites? - Have the affected people been involved in developing an acceptable strategy for housing replacement? Will new housing be constructed/allocated? - Does the project involve allocation of agricultural land or pasture/rangeland? Have the individual households that will be allocated lands been involved in identifying potential new sites, and have they explicitly accepted the selected sites? - Describe the specific process of involving affected populations in identifying potential housing sites, assessing advantages and disadvantages, and selecting sites. - Describe the feasibility studies conducted to determine the suitability of the proposed sites, including natural resource assessments (soils and land use capability, vegetation and livestock carrying capacity, water resource surveys) and environmental and social impact assessments of the sites. 78 Project for Integrated Urban Economic Development Environmental and Social Management Framework - Demonstrate that the land quality and area are adequate for allocation to all of the people eligible for allocation of agricultural land. Provide data on land quality and capability, productive potential, and quantity. - Give calculations relating to site requirements and availability. - Describe mechanisms for: 1) procuring, 2) developing and 3) allotting resettlement sites, including the awarding of title or use rights to allotted lands. - Provide detailed description of the arrangements for site development for agriculture, including funding of development costs. - Have the host communities been consulted about the RAP? Have they participated in the identification of likely impacts on their communities, appropriate mitigation measures, and preparation of the RAP? Do the host communities have a share of the resettlement benefits? Income Restoration - Are the compensation entitlements sufficient to restore income streams for each category of impact? What additional economic rehabilitation measures are necessary? - Briefly spell out the restoration strategies for each category of impact and describe their institutional, financial, and technical aspects. - Describe the process of consultation with affected populations and their participation in finalizing strategies for income restoration. - How do these strategies vary with the area of impact? - Does income restoration require change in livelihoods, development of alternative farmlands or some other activities that require a substantial amount of training, time for preparation, and implementation. - How are the risks of impoverishment to be addressed? - What are the main institutional and other risks for the smooth implementation of the resettlement programs? - Describe the process for monitoring the effectiveness of the income restoration measures. - Describe any social or community development programs currently operating in or around the project area. If programs exist, do they meet the development priorities of their target communities? Are there opportunities for the project proponent to support new programs or expand existing programs to meet the development priorities of communities in the project area? Institutional Arrangements - Describe the institution(s) responsible for delivery of each item/activity in the entitlement policy; implementation of income restoration programs; and coordination of the activities associated with and described in the resettlement action plan. - State how coordination issues will be addressed in cases where resettlement is spread over a number of jurisdictions or where resettlement will be implemented in stages over a long period of time. - Identify the agency that will coordinate all implementing agencies. Does it have the necessary mandate and resources? - Describe the external (no project) institutions involved in the process of income restoration (land development, land allocation, credit, training) and the mechanisms to ensure adequate performance of these institutions. - Discuss institutional capacity for and commitment to resettlement. - Describe mechanisms for ensuring independent monitoring, evaluation, and financial audit of the RAP and for ensuring that corrective measures are carried out in a timely fashion. 79 Project for Integrated Urban Economic Development Environmental and Social Management Framework Implementation Schedule - List the chronological steps in implementation of the RAP, including identification of agencies responsible for each activity and with a brief explanation of each activity. - Prepare a month-by-month implementation schedule (using a Gantt chart, for example) of activities to be undertaken as part of resettlement implementation. - Describe the linkage between resettlement implementation and initiation of civil works for each of the project components. Participation and Consultation - Describe the various stakeholders. - Describe the process of promoting consultation/participation of affected populations and stakeholders in resettlement preparation and planning. - Describe the process of involving affected populations and other stakeholders in implementation and monitoring. - Describe the plan for disseminating RAP information to affected populations and stakeholders, including information about compensation for lost assets, eligibility for compensation, resettlement assistance, and grievance redress. Grievance Redress - Describe the step-by-step process for registering and addressing grievances and provide specific details regarding a cost-free process for registering complaints, response time, and communication modes. - Describe the mechanism for appeal. - Describe the provisions for approaching civil courts if other options fail. Monitoring and Evaluation - Describe the internal/performance monitoring process. - Define key monitoring indicators derived from baseline survey. Provide a list of monitoring indicators that will be used for internal monitoring. - Describe institutional (including financial) arrangements. - Describe frequency of reporting and content for internal monitoring. - Describe process for integrating feedback from internal monitoring into implementation. - Define methodology for external monitoring. - Define key indicators for external monitoring. - Describe frequency of reporting and content for external monitoring. - Describe process for integrating feedback from external monitoring into implementation. - Describe arrangements for final external evaluation. Costs and Budgets - Provide a clear statement of financial responsibility and authority. - List the sources of funds for resettlement and describe the flow of funds. - Ensure that the budget for resettlement is sufficient and included in the overall project budget. - Identify resettlement costs, if any, to be funded by the government and the mechanisms that will be established to ensure coordination of disbursements with the RAP and the project schedule. - Prepare an estimated budget, by cost and by item, for all resettlement costs including planning and implementation, management and administration, monitoring and evaluation, and contingencies. 80 Project for Integrated Urban Economic Development Environmental and Social Management Framework - Describe the specific mechanisms to adjust cost estimates and compensation payments for inflation and currency fluctuations. - Describe the provisions to account for physical and price contingencies. - Describe the financial arrangements for external monitoring and evaluation including the process for awarding and maintenance of contracts for the entire duration of resettlement. Annexes - Copies of census and survey instruments, interview formats, and any other research tools - Information on all public consultation including announcements and schedules of public meetings, meeting minutes, and lists of attendees. - Examples of formats to be used in monitoring and reporting on RAP implementation. 8.2. Contents for Abbreviated Resettlement Action Plan This is a Template for an Abbreviated RAP (ARAP): 1. Census survey of displaced persons and valuation of assets; (List of affected people and how they are affected. What are they losing concretely and valuation?) 2. Description of compensation and other resettlement assistance to be provided; (self-explanatory: what is being given and how they are helped) 3. Consultations with project affected persons (PAP) about acceptable alternatives; (report on consultation) 4. Institutional responsibility for implementation and procedures for grievance redress (who does what? and when?) 5. Arrangements for monitoring and implementation 6. Time table and budget (timing for each step and the costs) 7. Simple socio-economic study (In addition to the census of the individual PAPs, the survey would list all their assets and livelihood factors in order to be able to assess the magnitude of impact.) It is important to emphasize that according to OP 4.12 “On Involuntary Resettlement”, Annex A, Article 2244 an abbreviated plan covers the following minimum elements: a. a census survey of displaced persons and valuation of assets; b. description of compensation and other resettlement assistance to be provided; c. consultations with displaced people about acceptable alternatives; d. institutional responsibility for implementation and procedures for grievance redress; e. arrangements for monitoring and implementation; and f. a timetable and budget. 44 OP 4.12, Annex A: http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentM DK:20066696~menuPK:64701637~pagePK:64709096~piPK:64709108~theSitePK:502184,00.html 81 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 9. Resettlement Linkage with Specific Activities of PIUED A preliminary linkage of the activities with the resettlement procedures is presented below. This table and the specifications if a RAP will be undertaken for the project are subject to further updates. Region/City Berat Saranda Gjirokaster Himara 45 Vehicle Cobblestone Himara access road Rehabilitation road to castle Street lighting transfer Pre-RAP and RAP Activity to castle of city centre "Mihal city-centre station "Muzak stairs Komneno" equipment Topia" Project Planning      Pre-Involvement of Communities      Census of project affected persons and  valuation of assets. Consultations with not affected people in the area of the activity / or consultation    with PAPs about acceptable alternatives RAP Preparation  Compensation/Resettlement  Post RAP Activities  Despite the implementation project activities in Sranda, Himara and also in “Muzak Topia”, Berat and two remaining projects will not have any land acquisition triggered activity or policy and therefore no RAP will be produced. Legend Activities for this implementation project activity are in their Blue Font final version Activities for this implementation project activity are not in Red Font their final version Activity to be tentatively performed  45 Detailed designs and exact footprint for this activity is not yet known. Upon full information the engagement in the listed RAP activities will be updated. 82 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 10. Procedures in the Framework of a RAP implementation 10.1. Notification, Valuation Procedures and Entitlements Notification of Land Acquisition/Resettlement The MoUD by public notice to be published in the Daily Newspapers (for one month), will inform the public of its intention to land acquisition for the project activities to be implemented under the project. 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. The notice shall clearly state the below mentioned information:  Government‟s proposal to acquire the land;  The public purpose for which the land is requested;  That the proposal or plan may be inspected at the MoUD or in the Office of the LGUs/ADF Project Unit, during working hours;  That any person affected may, by written notice, object to the transaction of expropriation, land acquisition or resettlement giving reasons for doing so. Possible Mechanisms of Valuation General Financial (Cash) Compensation The compensation method, as per Albanian legislation in force to be applied for this expropriation procedure is cash compensation. The option “land-for-land” is not provided46 by the Albanian legislation to private owners. Cash compensation need to be fully sufficient to compensate the acquired land/property and will consider some main criteria:  Compensation rates will be calculated in consultation with representatives of affected populations to ensure that rates are fair and adequate;  Compensation for land will be sufficient to enable affected people to restore their standard of living after the expropriation;  All compensations will be included in the RAP. In case of any event, after the time of RAP preparation, it must cover full replacement cost exclusive of depreciation and inclusive of all fees such as construction permits and title charges and labor costs;  Compensation payments must be made before any acquisition of assets or physical expropriation takes place unless those payments are staggered to enable affected people to begin preparation of new sites;  Compensation for dismantled infrastructure or disrupted services must be paid to affected communities, or to local institutions as appropriate, at full replacement cost, before civil works begin; 46 The only case when “land for land” compensation method could be applied, is when the affected entity is the commune itself and a communal property is being expropriated. The Council of Ministers gives another property in compensation to the affected commune. In every other case, as per basic principle, for expropriation is provided a fair compensation (constitutional principle) in Cash and not in kind. However, this is a practice which is not yet implemented by the GoA. 83 Project for Integrated Urban Economic Development Environmental and Social Management Framework  Compensation for lost earnings must be paid to proprietors and employees for the duration of work stoppages resulting from the relocation of enterprises. Land Compensation: The evaluation method for estimating the compensation will consider all the available sources of information in order for the proposed value for compensation to reflect the market value / replacement value of the land. Main assumptions to be taken into consideration in the methodology frame could be related with the current regulatory framework for land expropriation and its recent amendments; financial analysis on net income stream on the sites and its neighborhoods; eventual transactions (sales and leasing) on the region. Below you can find the auxiliary overview tables to be used in the phase of compensation. Table 1. Template table calculation of prices for financial compensation of the land No. Commune/Municipality Min Price (ALL)/m2 Max Price (ALL)/m2 Average Price (ALL)/m2 1. The prices for the agricultural lands/areas as by the price list of the GoA47 2. The prices for the previous land expropriation 3. The prices for the agricultural lands/areas as by the price list of the informal transactions on wells area The recommend price for the expropriation area: Agricultural Crops and Trees Compensation: The evaluation method for estimating this compensation is based on the Directive No. 1, dated 10.05.2000, “On the technical criteria for calculating the value of fruit trees that are expropriated for public interest in cases where purchasing indicators are missing”48. The technical criteria in this directive are used in case of lack of transaction indicators declared by the Office of Immovable Property Registration Office (IPRO). By destination fruit trees plants are:  Fruit trees plants cultivated for their fruit production;  "Parent" fruit trees plants cultivated to get materials to increase their multiplication;  Genetic valued fruit trees plants registered as such in the Gene Bank at the State Institute of Seeds and Seedlings or/and at the Institute of Arboriculture;  Fruit trees plants cultivated in order to produce their fruits and improve the resident or business activity environment; 47 As by DCM 514, Date 31.07.2014 "On the approval of property values per each district of the Republic of Albania" Official Bulletin No.118, Year 2014. http://www.qbz.gov.al/botime/fletore_zyrtare/2014/PDF- 2014/118-2014.pdf (page 3-150) This documents changes every year through a DCM and is issued in the Official Gazette/Bulletin. 48 Directive No. 1, dated 10.05.2000, “On the technical criteria for calculating the value of fruit trees that are expropriated for public interest in cases where purchasing indicators are missing”, http://www.qbz.gov.al/doc.jsp?doc=docs/Udhezim%20Nr%201%20Dat%C3%AB%2005-10-2000.htm 84 Project for Integrated Urban Economic Development Environmental and Social Management Framework  Seed plot with all planting and multiplying materials and structures of fruit trees. The calculation of the value of fruit trees and crops as by the “replacement cost” method for investments and activity costs done, taking into account the values of living labor, instruments and materials that are at the time of evaluation. A template table on the noted for the evaluation of trees and plants is presented below. Table 2. Table for Prices Used to Compensate for Loss of Trees Age of Tree/Year of Production of Plants Additional Total Type of plant tree/Age New/Small Medium Large Losses Orange Tree Lemon Tree Olive, … etc. The World Bank applies as well the "Replacement cost" valuation method of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. What differs from the above mentioned technique is that the WB uses the current market price of the plants and production as per fair substitution and as does not take into consideration the depreciation of structures and assets49. That is why; the considered values will be calculated without deducting depreciation of any structure or asset. For crops the estimated value is calculated based on the expected yield and market unit price, considering also the cost of the investment for initiation, land usage, improvement of land etc. In overall , the value of lost trees is the cost of replacement root stock / seedling, land preparation, and the lost production from the tree based on the tree‟s age and productive life over the time it takes for the new seedling to mature and reach a production level equal to the lost tree. A similar evaluation is done for the crops. Procedures for Payment of Compensation Compensation payments will be made before any project use of of land, loss of assets, or physical resettlement takes place unless those payments are staggered to enable affected people to begin preparation of new sites. The overall responsibility for payments on expropriation claims for the Project is under the Council of Ministers. The Council of Ministers is responsible for issuing the expropriation decision and authorizing the funds required. The land acquisition transfer must be fully completed, and payment made, before any Works can be executed on the expropriated property. Each PAP will receive the compensation payable into a bank account opened by the owner for purposes of the expropriation. Such sums will be approved by a DCM and the funds will be passed to the bank account of each PAP(s), according to the banking documentation provided by them. The PAPs will be individually informed by the bank within upon the transfer of compensation into the account. Any cost associated with account opening and maintenance will be covered by will be covered by the Ministry and the banking service will be offered free of costs to each PAPs.The transfer of payment will be made after the publication in the Official Gazette of the Decision of Expropriation. The Decision of the Council of Ministers for expropriation 49 OP 4.12 - Involuntary Resettlement, Required Measures Dec 2001 (Revised April 2003) 85 Project for Integrated Urban Economic Development Environmental and Social Management Framework is effective (enter into power) immediately and is published in the Official Gazette. In the event of an appeal in the Court, when no agreement is reached, if the compensation payable is not agreed upon between the government and the land owner, such compensation shall be determined by the Court. In these conditions the person gets the money from the bank, but depending on judicial decision he is entitled to receive an additional benefit. 10.2. Budgetary Implications and Funding In general, the cost burden of compensation will be borne by the executing agencies such as government ministries, NGO‟s and the private service providers as may be appropriate. Costs for the implementation of the RAP include three categories: (a) technical support, (b) expropriation procedure, and (c) land acquisition. a) Technical assistance of the RAP implementation cover the monitoring and preparation of the expropriation case application file. For the implementation of these projects will be will used World Bank loans to cover the costs of technical assistance. b) The overall responsibility for resettlement and expropriation for the Project is under the Council of Ministers. The financial responsibility for the expropriation procedures, including the compensation to be paid, resettlement costs, etc., lies with the Ministry of Urban Development. Costs for the expropriation procedures are managed by the MoUD budget for the functioning of the special expropriation commission for covering the costs of any fees for the registration of new ownership titles and issuing of Certificates of Ownership for all PAPs. c) The land acquisition will be financed by the GoA budget. The Council of Ministers is responsible for issuing the expropriation decision and authorizing the funds required, which will be delivered to owners as soon as the CoM Decision publishes in the Official Gazette. The land acquisition transfer must be fully completed, and payment made, before any Works can be executed on the expropriated property. The estimate of the overall cost of resettlement and compensation will be determined during the socio-economic study. Disbursements based on budgetary requirements, established by the RAPs in consultation with PAPs and local chiefs, will made through the relevant District Administration. 86 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 11. Institutional Arrangements for Implementation of the Resettlement and/or Land Acquisition Procedure Steps Institution Description of responsibilities Timing Remarks RAP Planning Identification of PAPs, public information, calculation of Information on project effects, needs on RAP, evaluation Step I ADF (or Consultant on behalf of ADF) RAP value and verification of PAPs Explanation on assets to be affected, identification of the best way for compensation, explanation of time of Step I I ADF (or Consultant on behalf of ADF) PAP Consultation compensation, main actors on implementation process, procedures to be undertaken and the rights for Grievances Preparation of RAP Report considering comments of WB Step III ADF (or Consultant on behalf of ADF) Preparation of final RAP report and MoUD No objection from World Bank experts for the RAP. Submit RAPs to WB Task Team for review and no Step IV ADF. WB, MoUD Formalizing the RAP report and including at project objection before implementing. Approval of final report implementation ToR The Grievance Committee needs to be formalized and Step V ADF (or Consultant on behalf of ADF) Grievance Committee Creation specific contacts need to be given to the PAPs. RAP Implementation ADF Fulfill of criteria provided by law, especially the necessary Step VI Request for expropriation for public interest tbd MoUD documents that prove the expropriation needs Expropriation Commission at MoUD has to examine the tbd Step VII request and documents Raising of Expropriation Commission, verification of MoUD If the legal criteria are fulfilled the MoUD starts the documentation on proprieties, calculation and verification expropriation procedures. of compensation value If not, the request will be rejected. Ensure that the Expropriation Commission decisions are tbd Step VIII ADF, Grievance Committee based in Albanian Legislation and WB guidelines and Evaluation of compliance between interested part requests considers PAPs requests 87 Project for Integrated Urban Economic Development Environmental and Social Management Framework Compile the agreement considering pretends of any parts tbd Give solution and incite agreements supporting PAPs Step IX Local Authority/ MoUD /PAPs and legislation requests upon legislation Agreement with PAP‟s about expropriation. tbd Important: the fair evaluation of the properties Step X The procedure must be followed carefully and respecting Publication of the notice for the expropriation – the right of the third persons to prevent the complaint to Declamation MoUD the Court Examine the suggestions and the complaints of persons The expropriation it will be done for the persons who will affect by the process accept to be compensated with the conditions published. Prepare the draft decision for Council of Ministers. Preparation of DCM on PAP compensation Approve the decision of the expropriation for public tbd Step XI interest; Or DCM shall be implemented 1 month after declaiming on Council of Ministers official newspaper Reject the proposal to MoUD with the suggestion to review, if it is not in conformity with the law. Pay the compensation to persons affected by the project Assistance on relationship between PAPs and Local and tbd ADF (or Consultant on behalf of ADF) Verification of compatibility of the agreement between Step XII Governmental authorities, verifications, and supervision of /Grievance Committee interested parts. RAP implementation If needed, assistance of PAPs on grievance procedures for tbd ADF (or Consultant on behalf of ADF) Step XIII administrative bodies, RAP procedures, compensation If PAPs will have grievances /Grievance Committee values etc and support PAPs grievances on the Court Step XIV PAPs Opening a Bank Account and reporting it at the MoUD tbd Institutional support of the compensation process tbd Ensure that compensation are done in respect (amount and Pay the compensation to persons affected by the Step XV MoUD time) of agreements signed by interested parties and expropriation before the civil works begin before starting the project implementation Ensure that the process implementation has considered all tbd Ensure that compensation are done in respect (amount and Step XVI ADF (or Consultant on behalf of ADF) pretends by both interested parties time) of agreements signed by interested parties Step XVII ADF Prepare the final report on RAP implementation tbd Considering that compensations will be finished before 88 Project for Integrated Urban Economic Development Environmental and Social Management Framework starting the project implementation. Step XVIII tbd Ensure a signed document that shows the RAP is finished Assignment of the disclosure process according the and the compensation is done. MoUD, PAP, ADF interested parties demands and in respect of DCM tbd This document also will verify that in the future the expropriate lands are ownership of MoUD 89 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 12. ESMF Public Consultation Meeting – Minutes of Meeting 90 Project for Integrated Urban Economic Development Environmental and Social Management Framework 91 Project for Integrated Urban Economic Development Environmental and Social Management Framework 92 Project for Integrated Urban Economic Development Environmental and Social Management Framework 93 Project for Integrated Urban Economic Development Environmental and Social Management Framework 94 Project for Integrated Urban Economic Development Environmental and Social Management Framework Annex 13. Proposed Indicators for Social Monitoring Plan50 Issues / activities to be Indicators No monitored Outstanding (unsigned) individual compensations/resettlement contracts as a percentage of total compensation/resettlement contracts Ratio of PAPs remaining supportive of the project against those not General success/acceptability of supportive 1 the compensation/resettlement Level of public consultation measured as ratio of those that process acknowledge to have been Consulted vs. those that were not consulted. This ratio can be determined by random sampling. Actual time of completing resettlement compared to planned time Number of complaints as a percentage of total PAPs Project acceptance (or not) by the 2 Number of grievances successfully resolved as a percentage of total community number of grievances Acceptance (or not), of PAPs by 3 Number of conflicts between PAPs and host community host community Restoration of areas temporarily Area of land restored to cultivation as a percentage of total area of land 4 disrupted by construction disrupted Replacement of grazing land Area of new land opened up for cultivation/grazing as a percentage of 5 permanently displaced by access total original land area cultivated/grazed roads and building construction Number of larger houses of better quality provided as a percentage of total number of houses in the original settlement Number of individuals and families able to re-establish their pre- displacement activities, land and crops or other alternative incomes, as a percentage of total PAPs Pre-project income of vulnerable affected individuals/groups versus their present income Quality of life compared with that Number of people participating in project activities compared to total 6 before compensation/resettlement PAPs Trends in environmental diseases such as malaria, diarrhea, coughs etc Trends in respiratory diseases Trend in HIV/AIDS statistics in comparison with pre-settlement statistics Mortality rates after resettlement compared with pre-settlement rates Number of PAPs with access to potable water compared with total PAPs Pre-project production versus present production (crop for crop, land for land). Post project production per affected household/homestead compared 7 Productivity with pre- project income. Wildlife conservation and eco-tourism activity on acquired land as per plan, 50 Note: These are only some of the indicators that will be used. Specific indicators will need to be developed taking into account site specific conditions. 95