GOVERNMENT OF SIERRA LEONE MINISTRY OF TRANSPORT AND AVIATION Resettlement Policy Framework Integrated and Resilient Urban Mobility Project (IRUMP) February, 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY……………………………………………………………………..xi 1 INTRODUCTION.............................................................................................................. 1 1.1 Background ........................................................................................................................ 1 1.2 Description and scope of the project ................................................................................ 1 1.3 Rationale for preparation of the Resettlement Policy Framework ............................... 2 1.4 Objectives of the resettlement policy framework ........................................................... 4 1.5 Potential for social benefits and social risks .................................................................... 4 1.6 Principles and Objectives governing Resettlement preparation and implementation 6 2 LEGISLATIVE, REGULATORY AND POLICY FRAMEWORK ............................ 8 2.1 Legal framework ................................................................................................................ 8 2.1.1 Constitution of Sierra Leone 1991 ................................................................................... 8 2.1.2 The Environment Protection Agency Act, 2008 (amended 2010) ................................... 8 2.1.3 Local Government Act, 2004 ........................................................................................... 9 2.1.4 The Sierra Leone Roads Authority Act 1992 ................................................................... 9 2.1.5 The Sierra Leone Road Safety Authority Act 1996 (amended 2010) .............................. 9 2.1.6 The Road Maintenance Fund Administration Act 2010 ................................................ 10 2.2 Policy framework ............................................................................................................. 10 2.2.1 National Environmental Policy 1994 ............................................................................. 10 2.2.2 National Land Policy (2015) .......................................................................................... 10 2.2.3 The New Direction Policy Framework 2018. ................................................................ 11 2.2.4 Strategic National Urban Transport Policy (SNUTP) and Integrated Mobility Plan for Freetown .................................................................................................................................... 11 2.3 Administrative Framework............................................................................................. 11 2.3.1 Ministry of Transport and Aviation (MoTA): ................................................................ 12 2.3.2 Ministry of Lands, Housing and the Environment. ........................................................ 12 2.3.3 Ministry of Finance (MOF): ........................................................................................... 13 2.3.4 Ministry of Local Government and Rural Development (MLGRD). ............................ 13 2.3.5 Ministry of Social Welfare, Gender and Children’s Affairs .......................................... 13 2.3.6 The Environment Protection Agency ............................................................................. 13 2.3.7 Sierra Leone Roads Authority ........................................................................................ 13 2.3.8 Sierra Leone Road Safety Authority .............................................................................. 14 2.3.9 Sierra Leone Road Transport Corporation ..................................................................... 14 2.3.10 Freetown City Council................................................................................................ 14 2.3.11 Sierra Leone Police (SLP) .......................................................................................... 15 2.3.12 Transport Owners Association and Drivers’ Union ................................................... 15 2.3.13 Sierra Leone Traders Union ....................................................................................... 15 3 WORLD BANK SAFEGUARDS POLICIES ............................................................... 16 3.1 Introduction ........................................................................................................................... 16 3.2 Objectives............................................................................................................................... 16 i 3.3 Comparative analysis of national policies with World Bank Requirements ................... 17 3.4 Common principles ............................................................................................................... 18 4 ELIGIBILITY CRITERIA FOR CATEGORIES OF PAPS ...................................... 23 4.1 Project Affected Persons (PAPs) .................................................................................... 23 4.1.1 Affected Individuals ....................................................................................................... 24 4.1.2 Affected Households ...................................................................................................... 24 4.1.3 Affected local community .............................................................................................. 24 4.1.4 Vulnerable Households .................................................................................................. 24 4.2 Eligibility Criteria ............................................................................................................ 24 4.2.1 Eligibility for resettlement/relocation: ........................................................................... 25 4.2.2 Eligibility for community compensation: ...................................................................... 26 4.2.3 Eligibility for loss of property/assets ............................................................................. 26 4.2.4 Loss of income and livelihood ....................................................................................... 26 4.2.5 Assistance to vulnerable groups ..................................................................................... 27 4.2.6 Livelihood restoration .................................................................................................... 27 5 ENTITLEMENT FRAMEWORK FOR PROPOSED RESETTLEMENT AND COMPENSATION POLICY ..................................................................................................... 28 6 PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS .... 34 7 VALUATION OF VARIOUS CATEGORIES OF ASSETS AND RELOCATION ASSISTANCE ............................................................................................................................. 37 7.1 Valuation Principles......................................................................................................... 37 7.2 Methods of valuing assets ................................................................................................ 37 7.3 Forms of compensation payments for various eligible PAPs ....................................... 38 7.3.1 Cash payments................................................................................................................ 38 7.3.2 In-kind compensation ..................................................................................................... 39 7.3.3 Resettlement and economic ............................................................................................ 39 7.3.4 Rehabilitation Assistance ............................................................................................... 39 8 ORGANIZATIONAL PROCEDURES TO DELIVER ENTITLEMENTS .............. 40 9 COMMUNITY CONSULTATION, PARTICIPATION AND DISCLOSURE ........ 42 9.1 Introduction ...................................................................................................................... 42 9.2 Stakeholder analysis ........................................................................................................ 42 9.3 Mechanism of Consultation and participation of PAPs ............................................... 44 9.4 Stakeholder consultation and participation during the RPF Preparation ................. 44 9.5 Issues raised and discussed during the consultation meetings..................................... 46 9.6 Public Information Booklet ............................................................................................. 48 9.7 Disclosure plan for the RPF ............................................................................................ 48 ii 10 ESTABLISHMENT OF GRIEVANCE REDRESS MECHANISMS ........................ 50 11 COSTS AND BUDGET ................................................................................................... 52 12 INSTITUTIONAL RESPONSIBILITY & IMPLEMENTATION ARRANGEMENTS FOR RAP 53 12.1 Institutional roles and responsibilities ........................................................................... 53 12.1.1 Ministry of Transport and Aviation (MoTA) ............................................................. 54 12.1.2 Ministry of Finance .................................................................................................... 54 12.1.3 World Bank................................................................................................................. 55 12.1.4 Courts.......................................................................................................................... 55 12.1.5 Freetown City Council................................................................................................ 55 12.1.6 Environment Protection Agency ................................................................................ 55 12.1.7 Sierra Leone Roads Authority .................................................................................... 55 12.1.8 Consultants ................................................................................................................. 55 13 IMPLEMENTATION SCHEDULE .............................................................................. 57 13.1 Time schedule for the implementation of the RAPs ..................................................... 57 13.2 Linking resettlement implementation to civil works .................................................... 57 14 MONITORING ARRANGEMENTS............................................................................. 63 14.1 Introduction ...................................................................................................................... 63 14.2 Monitoring of RPF Implementation............................................................................... 63 14.3 Methods for measuring impacts ..................................................................................... 64 14.4 Storage of PAPs Details ................................................................................................... 65 14.5 Updating............................................................................................................................ 65 15 REFERENCES ................................................................................................................. 66 16 ANNEXES ........................................................................................................................ 68 ANNEX 1: TERMS OF REFERENCE..................................................................................... 68 ANNEX 2: RESETTLEMENT SCREENING FORM ............................................................ 72 ANNEX 3. OUTLINE OF THE RESETTLEMENT ACTION PLAN PREPARATION ... 74 ANNEX 4: SAMPLE GRIEVANCE AND RESOLUTION FORM ...................................... 79 iii LIST OF TABLES 1. Comparison of National Legislation and World Bank Requirements for Involuntary Resettlement ----------------------------------------------------------------------------------------19 2. Criteria for defining PAPs ------------------------------------------------------------------------22 3. Summary of entitlements for various categories of PAPs -----------------------------------27 4. Agencies and Institutions involved in the Implementation of Involuntary Resettlement 39 5. Stakeholder Analysis of the IRUMP------------------------------------------------------------41 6. Summary of stakeholder meetings schedule----------------------------------------------------44 7. Summary of Issues and Responses presented at consultation meetings ------------------- 45 8. Cost of RPF Implementation ------------------------------------------------------------------ 51 9. Implementation Schedule for RPF ---------------------------------------------------------------57 LIST OF FIGURES Figure 1: RAP Implementation arrangements and relationship among stakeholders ................... 54 iv ABBREVIATIONS AND LIST OF ACRONYMS ARAP Abbreviated Resettlement Action Plan CCF Community Consultative Forum EIA Environmental Impact Assessment EPA Environment Protection Agency ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FCC Freetown City Council IRUMP Integrated and Resilient Urban Mobility Project GoSL Government of Sierra Leone IBRD International Bank for Reconstruction and Development IDA International Development Association ITPSIP Integrated Transport Policy Strategy and Investment Strategy IWMSP Integrated Waste Management Strategic Plan IWWMP Integrated National Water Management Plan MEP Monitoring and Evaluation Plan MLGRD Ministry of Local Government and Rural Development MLHE Ministry of Lands, Housing and the Environment MoF Ministry of Finance MTA Ministry of Transport and Aviation MoWPA Ministry of Works and Public Assets NEP National Environmental Policy NGO Non-Governmental Organisation OP Operational Policy PAP Project Affected Parties PAPs Project Affected Persons PIU Project Implementation Unit RAPs Resettlement Action Plans RMFA Road Maintenance Fund Administration RPF Resettlement Policy Framework RTA Road Traffic Act SL-EPA Sierra Leone Environment Protection Agency SleTU Sierra Leone Traders Union SLMA Sierra Leone Maritime Administration SLPA Sierra Leone Port Authority SLRA Sierra Leone Roads Authority SLRSA Sierra Leone Road Safety Authority TIDU Transport Infrastructure Development Unit WB World Bank v DEFINITION OF TERMS USED WITHIN THE RESETTLEMENT POLICY FRAMEWORK (RPF) DOCUMENT Unless the context dictates otherwise, the following terms shall have the following meanings: Meaning Affected All members of a household residing under one roof and operating as a single family economic unit, who are adversely affected by the project, or any of its components. It may consist of a single nuclear family or an extended family group Affected Any person affected socially and economically by World Bank assisted Person/People investment projects caused by: a) relocation or loss of shelter; b) loss of assets or access to assets loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or c) the involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons Associated Means any subprojects or activities which are directly related to the planned projects road corridor improvement the three project locations. Census Means a field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders. Compensation Payment in cash or in kind of the replacement cost of the acquired assets. Compensation The amount to be paid to the leaseholder which is calculated as an amount Value which is above the gross current replacement cost, including the costs for the inconvenience caused to the leaseholders by relocation, and to enable the same leaseholders to build slightly better houses than what they currently occupy Cut-off date Means the date after which people will not be considered eligible for compensation. In case of land acquisition, the cut-off date for the titleholders is the Section 4 of Land Acquisition Act 1984. But in case of where people lack title, it is the beginning date of the census survey to be under taken by the Implementing Agency for the impact assessment, in order to avoid an influx of outsiders Detailed Means the detailed inventory of losses that is completed after detailed design Measurement and marking of project boundaries on the ground survey vi Encroacher Someone who has illegally expanded, or extended the outer limit of his private premises beyond the approved building line or agricultural land and has occupied public space beyond his/her plot or agricultural land Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Environmental Is a safeguard instrument (document) which will set out a mechanism to and Social determine and assess future potential environmental and social impacts of the Management project funded activities in the infrastructure development program and other Framework activities associated with this project regardless of funding agency in the six (ESMF) secondary cities. The framework will set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument will be prepared as a separate and stand-alone document to be used in conjunction with this RPF. Gender equity Recognition of both genders in the provision of entitlements, treatment and other measures under the Social Management Action Plan or Resettlement Action Plan Improvements Structures constructed (dwelling unit, fence, waiting sheds, utilities, community facilities, stores, warehouses etc) and crop plants planted by the person, household, institution or organisation Income Re-establishing income sources and livelihoods of people affected Restoration Involuntary Means the involuntary taking of land resulting in direct or indirect economic displacement and social impacts caused by: a) loss of benefits from use of such land, b) relocation or loss of shelter; c) loss of assets or access to assets; or d) loss of income sources or means of livelihood, whether or not the project affected person has moved to another location Involuntary Is the taking of land by government or other government agencies for Land compensation, for the purposes of a public project against the will of the Acquisition landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary right Involuntary The unavoidable displacement of people and/or impact on their livelihood, Resettlement assets and common property resulting from development projects that create the need for rebuilding their livelihood, sources of income and asset bases. vii Land Refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. Land The process whereby a person is compelled by a government agency to Acquisition alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Land Process whereby a public authority, usually by offering compensation, expropriation requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses Land Owners Owners of land with or without trees, crops or structures affixed to the land with clear title in government records. In some exceptional cases, a person who owns land/s within the project-affected areas regardless of proof of such ownership will also be entitled, provided that such ownership will also be entitled, provided that such ownership is recognized under law. Non –titled means those who have no recognizable rights or claims to the land that they holder are occupying and includes people using private or state land without permission, permit or grant Rehabilitation Re-establishing incomes, livelihoods, living and integration with social systems Rehabilitation means the provision of development assistance in addition to compensation Assistance such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels Relocation Rebuilding housing, asset including productive land, and public infrastructure in another location Replacement means the pre-project or pre-displacement, whichever is higher, value of land cost for of equal productive potential or use located in the vicinity of the affected land, agricultural plus the costs of: a) preparing the land to levels similar to those of the affected land land; b) any registration, transfer taxes and other associated fees Replacement means the prevailing cost of replacing affected structures of the quality similar cost for houses to or better than that of the affected structures, in an area and. Such costs shall and other include: a. Building materials b. transporting building materials to the structures construction site; c. any labour and contractors’ fees; and d) any registration costs. Replacement The full market value of the assets lost as a result of the project, plus value/cost transaction costs. With regard to land and structure, replacement costs can be viii defined as follows: • Land in urban areas – the market value of land of equal size and use, with similar or improved public infrastructure facilities and services, preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. • Household and public structures – the cost of purchasing or building a new structure, with an area and quality similar to, or better than, those of the affected structure; or, of repairing a partially affected structure, including labour and contractor’s fees and 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 the affected asset. Resettlement A process to assist the displaced people and communities to replace their lost land, houses, assets and restore access to assets and services, and improve their socioeconomic and cultural conditions. It includes settlement of displaced people on buildable land or houses/apartments in the same locality with barrier-free access to basic amenities Resettlement The document in which a project sponsor or other responsible entity specifies action plan the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project Resettlement Support provided to people who are physically displaced by a project. assistance Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Resettlement Resettlement Policy Framework is a resettlement document to be prepared if Policy the extent and location of resettlement cannot be known at appraisal because Framework the project has multiple components or if the final design (as in this case) is determined at a later stage. The Resettlement Policy Framework establishes resettlement objectives and principles, organizational arrangements, and funding mechanisms for any resettlement operation that may be necessary during project implementation. The framework assesses the institutional capability to design, implement, and oversee resettlement operations. When during project implementation the extent of resettlement in any subproject becomes known, a Resettlement Action Plan (or an abbreviated Resettlement Action Plan, depending on the scale and severity of impacts) is prepared ix before the investment is approved for funding (OP 4.12, paragraphs 29–30). Resident land Owners with clear title deeds for the land and structures which they are and structure currently occupying for their own use, residential, commercial, cultural or owners religious purposes Squatter Someone who has occupied public or private land, developed structures on it and put such land into residential, agricultural or commercial use without obtaining development permission and formal title under law. Stakeholders Any and all individuals, groups, organisations and institutions interested in and potentially affected or benefitted by a project having the ability to influence a project. Public The dialogue encompassing consultation and communication between a Involvement project proponent and the public. It includes dissemination, solicitation and presentation of information Tenants and Occupants that have legally taken any land or properties or both on rent or leases lease for a specific period with registered papers recording agreed terms and conditions as permitted under law. Vulnerable Persons who, by virtue of gender, ethnicity, age, might suffer Persons disproportionately from resettlement effects, such as the very old, the physically or mentally handicapped, the poor below the poverty line, widows, women-headed house hold and socially isolated x EXECUTIVE SUMMARY 1.0. Project description The Government of Sierra Leone through the Ministry of Transport and Aviation (MoTA) is applying for an IBRD/IDA/World Bank credit facility in the amount of US$ 20 million to be used for implementation of the Integrated and Resilient Urban Mobility Project (IRUMP). The Project Development Objective (PDO) of the proposed project is to improve accessibility, resilience and road safety in selected areas and enhance institutional capacity to plan and manage urban transport in the city of Freetown. The project will allow the MoTA and their respective agencies to achieve and expand outcomes in three key areas: enhancing transport services, comprehensive corridor improvements which will include comprehensive traffic management measures including intersection improvement, coordinated traffic lights, improvement of sidewalks for pedestrian movement and drainage; and provide institutional capacity building and studies for MoTA staff and management and their agencies. The IRUMP will result in an improvement in users satisfaction in the pilot corridor; reduction in average travel time through the pilot area for public and private transport; development of a framework for institutional coordination and public transport improvements; and improvement of road safety. In addition to the economic benefits, there are substantial social benefits to the population within the piloted project areas in improving their access to health care services, education and social opportunities. 2.0. Resettlement policy framework The Resettlement Policy Framework is prepared in line with the World Bank Operational Policy and relevant laws and regulations of Sierra Leone (in any case of conflict, OP 4.12 provisions that best protects the PAPs will be adopted). The RPF details mechanisms, procedures and compensation entitlements to be applied to address any land acquisition and resettlement impacts identified based on final design or temporary impacts during construction, or emerging land acquisition and resettlement issues during implementation of the civil works along the IRUMP corridor footprints This RPF is prepared to outline procedures for land acquisition, resettlement planning process and guidelines to conduct due diligence and procedures for potential land acquisition and resettlement planning for project and sub-projects. This provides guidance on stakeholder participation in prospective subproject under components 1 and 3; and the identification of social risks and appropriate mitigation measures to be adopted under each subproject to address any adverse social impacts. The Resettlement Policy Framework has been prepared in compliance with Sierra Leonean Laws and World Bank’s social safeguards policies and guidelines. 3.0. Legal, policy and Institutional framework The Sierra Leone’s legal framework for safeguards consists of Acts, laws and Policies governing development induced land acquisitions and resettlement impacts. xi The law regulating acquisition of land and compensation is governed by the 1991 Constitution of the Republic of Sierra Leone, the Public Land Act, Cap 116 of the laws of Sierra Leone 1960 particularly Sections 4,5,6,7,8,9,10, 15,16,18, and 19 etc of the Act (i.e. CAP 116 of the laws of Sierra Leone 1960). The National Land Policy (2015) provides guideline aimed at enhancing land management systems; land use, conservation of land resource and enhancing environmental quality. The policy promotes prompt payment of adequate and fair compensation, highlights compulsory acquisition of land among other things, through negotiations that take into consideration government investment in the area. The World Bank policy on Involuntary Resettlement (OP 4.12) will be applied. The resettlement and rehabilitation principles will provide compensation at replacement cost, resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including informal dwellers/squatters in the project footprint. The RPF, in addition to setting out the principles and guidelines, elaborates on the key steps to be taken in involuntary resettlement planning and execution. The Entitlement Matrix (EM) explains the category and type of loss and the eligibility criteria for entitlements. The affected persons and households will receive eligible compensation and resettlement benefits as per the EM given in the RPF irrespective of their title or occupancy status prior to losing shelter, business, assets and income due to this project. As the Sierra Leonean legal framework governing land acquisitions does not address all types of losses, the World Bank safeguards policies are applied to address such issues. The acquired properties will be compensated at full replacement cost based on the prevailing market rates. The GoSL will also provide resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including the informal dwellers/squatters in the project footprint prior to the beginning of project implementation (civil works). 4.0. Projected Affected Parties, Eligibility Criteria and Entitlements and compensation The World Bank policy (OP 4.12) defines PAPs as people who are directly affected socially and economically by bank-assisted investment projects. The estimated number of persons expected to be affected under the project is not yet known under the RPF. An estimated population of affected population, their categories and their needs early in the planning process is critical to a successful resettlement operation. A census/ socioeconomic survey is to be undertaken to obtain the total number, categories and needs and preferences of PAPs as part of the RAP preparations. This will inform the choice of resettlement/compensation options and help estimate compensation cost. This section defines the eligibility criteria noting that the criteria will be specified in each RAP and covers any person who suffers loss of or damage to an asset or loss of access to productive resources, as a result of the carrying out of any of the IRUMP. Eligibility criteria will be informed by the three criteria given in paragraph 15 of the World Bank’s Operational Policy 4.12. xii 5.0. Valuation of various Categories of Assets and Relocation Assistance This section outlines the valuation procedures of all assets to be affected, as a result of the implementation of the project. The valuation of lost assets induced by the project is to be undertaken jointly by the Consultants and the MoTA/TIDU/PIU, and Steering Committee. The basis of valuation will ensure that compensation is paid at full replacement cost based on the prevailing market value, in compliance with World Bank Policy on involuntary resettlement. Compensation will be assessed at the market rates. 6.0. Organizational Procedures for Delivery of Entitlements The MoTA/TIDU and Contracting Entities will follow appropriate procedures for assessing and delivering entitlements to affected persons. The eligibility criteria and entitlements procedures will be specified in the RAPs. Any person who suffers loss of, or damage to an asset or loss of access to productive resources, as a result of the carrying out of activities under the IRUMP operations will be considered eligible for compensation and/or resettlement assistance, provided the damage or loss is induced by the project and satisfies the conditions of the cut-off date (which will be set and enforced during the socioeconomic survey). This is consistent with the World Bank policy on involuntary resettlement that will cover the following categories of loss: loss of land; loss of structure; business losses; residential accommodation or room; loss of location for temporary structure; loss of training or apprenticeship; and loss of economic or perennial trees, and food crops. An Entitlement Matrix which sets the measure for the payment for all losses or impacts will be included in all RAPs. The Entitlement Matrix will list the type of loss, criteria for eligibility and define entitlement as presented in Table 3. 7.0. Stakeholder consultation and information disclosure Primary stakeholders include the Ministry of Transport and Aviation (MoTA), Ministry of Finance (MoF), Freetown City Council (FCC), Sierra Leone Road Authority, Project Affected Persons, Drivers Union, and Petty Traders. Other project stakeholders are those who have an interest in the project, including civil society organisations, NGOs, unions and associations which have indirect involvement with the project. As part of the requirements in preparing this RPF report, the consultant conducted different participatory methodologies, involving individual interviews in each of the project sites, one-to- one discussions with Key Informants (KIs), focus group discussions, and public meetings with stakeholders between December 9, 2018 to January 18, 2019 across the primary identified three project locations (Lumley, Congo Cross and Kissi Ferry Terminal) and government offices. Overall a total of 92 persons were consulted. The consultation aimed at exploring and soliciting feedback on key elements of the RPF. During each of the stakeholder engagement and consultation process, the consultant presented the overall project objectives, components of proposed project interventions and area of influence, potential impacts and mitigation measures and open the floor for one-hour discussion with the attendees to raise their concerns on the proposed project with regards the legal framework, methods of asset valuation, institutional xiii arrangement, eligibility criteria and entitlement, grievance redress mechanisms, in addition to other general features of the IRUMP. The consultation is summarized as follow: • The proposed project is accepted in general, the community want to see address the huge volume of traffic and commercial activities which makes it impracticable for efficient and safe transportation system • Recognising the rights of PAPs for compensation purposes and ensure that implementation of the project does not create social inequality (especially in cases of displacement). • Involvement of community/stakeholders in established responsible bodies, such as GRM • The need for awareness creation/training with respect to the implementation of OP 4.12 at community as well as implementers (especially entitlement and grievance redress with community) was stressed. However, in particular, the stakeholders suggested that mechanisms in RPF should ensure regular consultations, participation, communication, access to information, grievance redressal of project affected and beneficiary communities and other stakeholders; and mitigation of environment and social/resettlement impacts in an effective manner. The key issues and suggestions from the field visits/consultation process has been documented and reflected in this RPF. All safeguards documents will be disclosed locally and on the respective websites after obtaining clearance from the Bank. 8.0. Grievance Redress Mechanism Bank policy requires the borrowers to establish mechanisms to deal with issues and grievances that might be raised by all affected persons, including the informal users of public lands. A Grievance Redress Mechanism (GRM) will be put in place, consistent with the overall Grievance Redress Mechanism currently under review by TIDU, wherein all project stakeholders are given a venue to lodge complaints regarding any aspects of the land acquisition, compensation, resettlements requirements and other project-related issues. The Grievance redress procedure is meant to reduce the incidence of expensive and time consuming litigation involving minor issues among landowners, tenants, encroachers, squatters, business tenants, street traders and to give an opportunity to those not covered by the land acquisition and compensation laws of Sierra Leone. However, many grievances can be resolved by providing correct and complete information early in the subproject development process at the community level. If not resolved, it can be escalated to Project Safeguard Unit (Environmental and Social Safeguards team of the IRUMP). The project team will review the feedback and take appropriate actions. It will respond to grievances brought to their notice by the general public and other stakeholders. Furthermore, complaints can be referred to Grievance Redress Committee (GRC) within project area of influence and further to complainants will be advised that they have uninhibited access to legal redress mechanism can be adapted through the Sierra Leone’s judicial or appropriate administrative system. xiv 9.0. Budget for implementation of RPF An estimated budget of 748,000USD will be required to implement safeguards instruments for three years, with provisional breakdown as presented below. Item Description Le. (m) Amount Sources of (USD) funding 1 Implementing agency safeguards capacity 255 30,000 Project funds development 2 Training for various relevant stakeholder groups 255 30,000 Project funds on resettlements/compensation issues 3 Preparation of RAP/ARAP 765 90,000 Project funds 4 Implementation support: logistic support for the 4250 500,000 Project funds Ministry and/or PIUs (computers, office equipment, operating cost, audits, M&E and communication support) 5 Sensitization and grievance Management 255 30,000 Project funds 6 Contingency (10%) 578 68,000 Project funds Total 6,358 748,000 The resettlement/rehabilitation component is currently unknown as detailed design of intended road corridor improvements and ferry terminal projects are yet to emerge to allow for estimation of cost of mitigating associated impacts. This makes it difficult to estimate the proportion of project costs expected to be devoted to mitigating measures. However, it can be estimated to cost between 5% and 10% of the total project cost. All future IRUMP specific resettlement action plans will include a budget and identification of source of funding for payment of compensation. The RAPs will also include a time table for the payment of such compensation. Counterpart funding from the Government of Sierra Leone will be used to fund resettlement/rehabilitation cost of road corridor improvements and ferry terminal projects. 10.0. Implementation Arrangements Project implementation will be under the Ministry of Transport and Aviation (MoTA)/Transport Infrastructure Development Unit (TIDU) and the Ministry of Finance with adequate staff, including project management officer, financial management specialist, procurement officer, M&E officer, Environmental and Social Development Specialists, and consultants who would be recruited on demand basis. These ministries shall be totally responsible for the project implementation, which includes among other tasks preparation, implementation, funding and coordination of resettlement tasks. There is also recognition that effective project delivery would require collaboration across multiple departments and agencies, including Freetown City Council (FCC), SLRA, SLRSA, and Sierra Leone Police traffic division. It should be noted that technical input into the project will be provided by SLRA and FCC as MoTA does not have the capacity. xv 11.0. Implementation schedule Task Objectives Responsibility Indicators Time Frame Information disclosure and Ensure that there is a TIDU Issues discussed and number Ongoing consultation of affected PAPs, continued consultation of of PAPs consulted drivers, hawkers, local PAPs on compensation residents etc process Identification of households Make sure that all eligible TIDU Census and inventory of 3 months and persons to be displaced persons are identified and property owners’ assets physically or economically; included in the RAP confirmation of the identity of all property owners Identification and assistance Ensure the type of support TIDU/Representatives Number of persons who 3 months to vulnerable persons for vulnerable groups; of local authorities , fulfill WB’s criteria Negotiations activities prior to To value the property both TIDU/Valuator project is declared as being 3 months construction commencement at market value and of public interest and MoTA normative value issues an official decision in this respect Securing the necessary funds Give necessary budgetary Ministry of compensation and livelihood Ongoing for land acquisition sanction and Finance/WB restoration assistance requisition/directions to provided equally to affected MoTA for implementation persons Implementation of works and Supervision of works and SLRA monitoring and evaluation of On going Contract Management quality assurance. implementation of Resettlement Plans as per RPF assured Review and comment on TIDU MoFED/FCC/SLRA Due Diligent report reviewed 3months Social Screening reports and and approved by WB prepare quarterly report Training and Capacity building Assess training and other TIDU/Consultant Capacity building needs 2 months needs capacity building needs for addressed effective RFP implementation xvi Review and comment on RPF Review and comment on WB Requirements of the RFP One month Report Implementation of ensured and RPF delivered Resettlement Plans to ensure compliance with agreed Resettlement framework Establish coordination with Coordinates all MoTA(TIDU) Number of payments made On going relevant stakeholders resettlement activities within the deadline under this RPF and individual RAPs, Disclosure and Consultation Discloses RPF and all TIDU Number of PAPs consulted On going other documents, holds Type of issues discussed public consultations in all with PAPs project phases, engages relevant stakeholders, Monitoring and Evaluation Monitors and evaluates TIDU/Steering Indicator monitoring level On going process of resettlement, Committee and submission of reports to appropriate monitoring reports stakeholders on all issues under this RPF; Monitoring and reporting after commencement of works Compensation payment Prepare all relevant TIDU/MLHE/FCC Cash compensation at 2 months documents and submit for replacement costs; Payment compensation payments for relocation costs and compensation for other costs during relocation. Finalization, negotiation and Finalize and sign TIDU Number of agreements One month approval of amounts and agreements with each PAP; signed payment options Hold working sessions xvii between the Steering Committee and affected persons to agree on compensation amounts and payment dates and methods Grievances Set up institutional Grievance Committee Number of complaints On going framework for addressing received and number of grievances; complaints settled Ensure that the Grievance Settlement Committee is established as soon as possible to participate in RAP finalization and the negotiation of amounts xviii 12. 0. Monitoring, Evaluation and Reporting Monitoring, Evaluation and reporting is integral to social safeguards. The project will establish an M&E reporting system to ensure efficient and effective implementation of the project and its compliance with social safeguards. The monitoring system will include guidelines and TOR, monitoring indicators, mechanisms and methodologies, frequency, documentation and reporting arrangements. The monitoring and evaluation of the FIUT subprojects will include both internal and external. Internal monitoring will be undertaken by the SLRA, while external monitoring will be done by the EPA/SL. The WB supervision missions will also serve as external monitoring mechanisms. Cost of monitoring will be taken care of by individual implementing agencies or stakeholders. 1 INTRODUCTION 1.1 Background The Government of Sierra Leone through the Ministry of Transport and Aviation (MoTA) is applying for an IBRD/IDA/World Bank credit facility in the amount of US$ 20 million to be used for implementation of the Integrated and Resilient Urban Mobility Project (IRUMP). Urban mobility issues in Freetown are a result of the difficult economic and political environment, the inability to keep pace with the growing demand, and decades of neglect. The objective of this proposed urban transport project is two-fold: first, to pilot short-term remedies in order to obtain immediate relief and demonstrate the value of good management of existing infrastructure, efficient implementation, and good coordination across multiple departments and agencies within the government; and second, to build institutions, develop appropriate policies and regulations, and identify arrangements to strengthen the delivery of public transport services and climate resilience. The Ministry of Transport and Aviation (MoTA) has the overall responsibility for the implementation of the FIUT Specific sub-project activities will be IRUMP implemented by respective Agencies to achieve and expand outcomes in three key areas: 1. Enhancing transport services 2. Comprehensive corridor improvements which will include: comprehensive traffic management measures including intersection improvement, coordinated traffic lights, improvement of sidewalks for pedestrian movement etc.; 3. Provide institutional capacity building and studies for MoTA staff and management and their agencies; This document presents the Resettlement Policy Framework (RPF) for the Integrated and Resilient Urban Mobility Project outlines the principles and conditions for compensating and resettling persons affected by the project. While any resettlement activities are expected to be minimal, this RPF defines the process by which potential subproject resettlement impacts leading to the need for a RAP will be screened, and impact assessment and compensation measures developed and implemented. Once the subprojects, specific sites and the affected communities have been defined, all sub-projects and activities will be screened and the appropriate mitigation tools such as ESIAs, ESMPs and RAP will be developed in line with the provisions of the local regulations and the World Bank safeguard policies. 1.2 Description and scope of the project This RPF responds to the implications of implementing the Integrated and Resilient Urban Mobility Project in the city of Freetown by the Ministry of Transport and Aviation and its agencies. The project will be implemented in identified locations of Lumley, Congo Cross and Kissy Ferry Terminal. Other locations in Greater Freetown will be identified and agreed under a multicriteria framework with the government and the World Bank. The Project Development Objective (PDO) of the proposed project is to improve mobility and road safety in a pilot area and enhance institutional capacity to plan and manage urban transport in the city of Freetown. Below is a description of the proposed project components: 1 Component 1: Enhancing Transport Services This component will support the enhancement of public transport services. The component will finance improvements to public transport system, including: a) ancillary facilities to support operation of buses (integrated ticketing, bus priority measures, control center, information system, etc); b) bus stop, depot, terminal; c) technical assistance to support the transition of informal private sector operator in a formal and regulated provision of transport service along priority corridors. Component 2: Comprehensive Corridor Improvements This component will use an integrated and comprehensive approach to improve road safety, mobility for pedestrians and vehicles, and overall management of the public rights of way in a pilot area of Freetown from Lumley to central Freetown. The project investments would focus on: (a) improving pedestrian infrastructure; (b) improving road conditions and rehabilitating key road sections; (c) providing traffic management, signalization, parking, and intersection improvements; (d) providing a transport operator´s terminal; and (e) addressing the needs of street traders through off-street market areas. Depending on the credit amount, the project may also finance rehabilitation of sections of urban roads which are currently unpaved or in extremely poor condition, such as Motor Road and/or King Harmon Way. Component 3: Institutional Capacity Building and Studies The activities of this component may include: (a) strengthening the ministry’s and departments’ capacity to develop a long-term vision and regulatory framework to support effective management of the urban transport system; (b) diagnosing problems with public transport and developing a comprehensive strategy to improve bus services; (c) conducting a public relations/communication campaign to educate stakeholders, schoolchildren and the public about road-space management and road safety; (d) developing a road-safety database; and (e) supporting climate-resilient activities, for example by developing guidelines to incorporate climate and disaster resilience into road design by providing specific cost-effective requirements and good practices for slope stabilization in mountain areas of Freetown; and mapping tools for prioritization of urban transport projects using network analysis and giving consideration to climate-related risks. Component 4: Project Management This component will finance goods and services to support project management, financial audit, data collection and M & E. 1.3 Rationale for preparation of the Resettlement Policy Framework The rationale for the RPF emanate from the potential risk in the implementation of some of the project activities (to improve road and pedestrian safety &Improve Conditions of Road Infrastructure and Pedestrians Facilities, rehabilitation of key road intersections, installation of traffic lights), may require land acquisition or access changes within a community. The FIUT through the MoTA has proposed road corridors improvement in three areas within Freetown and other similar areas will be identified as part of a multi criteria analysis during project implementation. 2 The works envisaged will involve installation of drainage facilities, street lighting, redesign and construction of intersections and pedestrian bridges, new sideway walks and construction of market and bus terminal. The proposed project activities, such as the construction of bus terminal, relocation of Lumley market, the construction of 4 exit routes at the proposed sites for bus terminal and market are likely to entail major resettlement issues, such physical relocation of squatters, huge economic displacements impacts for market women, and impact of exit routes on private properties. In addition, even though most of the activities along the corridor are carried within the Right of Way (ROW), the multiplicity of such of such impacts can be significant. However, small amounts of land acquisition and property losses may occur when implementing these sub projects triggering the World Bank Operational Policies (OP) 4.12. The RPF will be applicable to all subprojects under the study project as well as in other projects planned in the road corridor improvement and construction of market where land acquisition and/or involuntary resettlement loss of land or other fixed asset, disturbance affecting livelihood or resources and/or loss of access to economic concerns, and capacity available to identify and mitigate potential safeguard concerns and impacts of each subproject, limitation leading to nonphysical displacement would arise as a result of the project implementation. All resettlement actions will be approached uniformly in all sub-projects. The RPF has been prepared for the purpose of establishing the principles and procedures to be applied in the event that involuntary resettlement and as a standalone and separate document but will be completed by the Resettlement Action Plans (RAPs) and other safeguards instruments including ESMF, ESIAs and ESMPs. As part of the policies, safeguards instruments have to be prepared for any project with potential adverse environmental and social impacts. The RPF establishes the resettlement and compensation policy, institutional/organisational arrangements, design criteria to be applied to meet the needs of PAPs resulting in land acquisition and resettlement. The RPF is prepared to the standards of GoSL as specified in relevant legislation and the Policy of the World Bank Operational Policies (OP) 4.12. The preparation of the resettlement policy framework is in accordance with the World Bank policy OP 4.12 Paragraph 26 states: ‘For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agencies screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy that conforms to this policy. The framework also estimates to the extent feasible, the total population to be displaced and the overall resettlement cost.’ Again, OP 4.12 paragraph 28 and 29 specify: (para. 28) For other Bank-assisted project with multiple subprojects 27 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. 3 In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. (para 29). For each subproject included in a project described in para. 26, 27, or 28, that may involve resettlement; the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. 1.4 Objectives of the resettlement policy framework The objectives of the RPF are to minimize risks by avoiding displacement of people without a well-designed compensation procedures and relocation and establish compensation measures for losses incurred. The key objectives of the RPF include: • To review the policies, legal and institutional frameworks pertaining to the project • To carry out public consultation regarding the potential social benefits and negative impacts accruing from the construction of the project road; • Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; • To conduct survey to identify affected properties & assets, and estimate compensation costs; • To describe project activities with potential for resettlement and compensation identifying clearly PAPs, affected households, groups in a situation of vulnerability, including women, eligibility criteria for the identification of PAPs; • Provide procedures for filing grievances and resolving disputes. • To identify appropriate monitoring framework, which will ensure that reinforcement measures for the positive impacts and the mitigation of adverse social impacts are fully addressed; and • To prepare an outline of a Resettlement Action Plan that will address specific impacts that may occur during project execution. 1.5 Potential for social benefits and social risks In the implementation of the RAP, MoTA will screen the project sites for the identification of areas that will potentially cause resettlement. The screening will identify the types of impacts due to land acquisition. The types of impacts are detailed in the entitlement matrix. Loss of land and property will be the most likely impacts where MoTA will acquire land. The potential social benefits are: • Enhanced safety and efficiency of pedestrians and drivers, employment (job created related to civil works) and increase in income (increase in pedestrian traffic volume triggering more demand for goods and services). 4 • Less travel time and less fuel consumption as a result of efficient traffic flow and changes in aesthetics’ of the road corridors. • Strengthen capacity building and institutions The major social risks are: 1) The displacement of informal business facilities and the total or partial destruction of buildings, pavements and other private property located within the right-of-way of the roads system. 2) The loss of sources of income and/or livelihoods caused by the loss of land is highly likely, as is the loss of other significant structures. 3) Access to properties along the road footprint could also be interrupted or made more difficult, if appropriate measures for mitigation are not undertaken by construction contractors. 4) Removal of encroachments and squatters leading to loss of livelihood and / or shelter. 5) Project affected Vulnerable persons would be further impacted by the pressure of relocation as well as loss of income and their removal. 6) People living along the selected corridors and vicinity could be affected during construction (health problems as a result of construction dust, noise and vibrations from equipments and the workforce, safety and accidents. 7) Informal traders earning their livelihoods along the corridors by selling goods on the street are likely to be affected during construction and re-entry barrier afterwards. 8) Health and safety issues of subprojects professional staff/labour and communities residing near subproject areas. According to the WB policies (OP 4.12), funded projects should avoid or minimize involuntary resettlement and land acquisition where feasible, exploring all viable alternatives of project location and designs. Where involuntary resettlement and acquisition of land or other assets is unavoidable, it is necessary to take adequate mitigation measures in order to improve living conditions of the affected population, or, at least to keep the living condition at the pre displacement level. During the baseline socio-economic screening phase (required for preparation of each RAP), MoTA will identify the individuals and groups who might be vulnerable, be discriminated against or excluded from intended benefits. Where the screening process determines that potential adverse impacts on vulnerable groups are present, a more in-depth social assessment should be undertaken. The assessment should ensure that gender disaggregated information are taken into consideration. An appropriate engagement, consultation and participation plan, describing relevant consultation mechanisms should also be undertaken. These consultations should inform the design of individual RAPs. 5 1.6 Principles and Objectives governing Resettlement preparation and implementation The overall objective regarding resettlement and rehabilitation principles adopted in the implementation of the project will be to avoid or minimise involuntary resettlements by exploring all viable alternative project designs. Minimization and mitigation would require careful planning and implementation. When the details of land acquisition and involuntary resettlement are fully known, a Resettlement Action Plan (RAP) is defined to provide an implementation guide for the operation. However, if the details of land acquisition and involuntary resettlement are not fully known, the Resettlement Policy Framework will provide the policy principles for the development of specific RAP which will be available for public information and discussion. When, subsequently, the outline of each initiative is known and there is sufficient detail, a RAP will be developed for that operation in accordance with the framework agreed upon in this RPF. The Resettlement Policy framework will provide for compensation at replacement cost, resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including the informal dwellers/squatters in the corridor footprint. This section highlights the guiding principles and strategies to guide resettlement under this RPF. The RPF for IRUMP will therefore adopt the following principles and guidelines: 1. Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, where it cannot be eliminated. The following mitigation principles will be followed: • Adoption of a reduced speed design, reduced right-of-way land requirements, or design changes (underground drainage, for instance) to reduce impacts on properties and activities; • Alternative considerations in route selection; and • Integration of mitigation measures in road designs, where appropriate. 2. Where involuntary resettlement and land acquisition are unavoidable, resettlement and compensation will be provided to the PAPs which provide sustainable development programs, providing resources to give PAPs equal opportunity to share project benefits. 3. PAPs will be assisted to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, before displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. Impacts on the PAPs are measured by the quantity of land and assets to the acquired/lost and residual land/assets and their economic viability. Once the severity of impact has been considered an entitlement option is selected. 6 4. PAPs will be meaningfully consulted to ensure inclusion and participation of different groups as women, men, and people with disabilities in the implementation of both the resettlement and IRUMP construction works. . 5. Project Affected Persons would be given full information on the qualification (eligibility), mode of compensation, the restoring plan of production income, and the project’s progress and be involved in the enforcement of resettlement arrangements (community participation). 6. Compensation and rehabilitation assistance will be paid before displacement. The land and/or property affected would be taken only when the PAPs are satisfied with the compensation arrangements. No civil works will be initiated unless compensation for land and assets and rehabilitation assistance is provided to all eligible PAPs. 7. The implementing agency and/or contracting entity would supervise the resettlement activities including the payment of compensation as well as monitoring and evaluation. 8. Establish a grievance redress mechanism to receive and address specific concerns about compensation and relocation that are raised by displaced person, if any. And to resolve all other grievances related to the project. 9. All activities related to resettlement planning, implementation, and monitoring will ensure involvement of vulnerable groups (including women, elderly persons and people living with disabilities). Incorporate special measures and assistance for vulnerable groups. 7 2 LEGISLATIVE, REGULATORY AND POLICY FRAMEWORK 2.1 Legal framework 2.1.1 Constitution of Sierra Leone 1991 The constitution of Sierra Leone is the overarching legal instrument that promotes for the protection of the rights of individuals private property and also sets principles under which citizens may be deprived of their property in the public interested as described in section 21 of the Sierra Leone Constitution. It also makes provision for the prompt payment of adequate compensation and access to the court or other impartial and independent authority for the determination of the land owner’s interest or right, and the amount of any compensation to which he/she is entitled and for the purpose of obtaining prompt payment of that compensation. 2.1.2 The Environment Protection Agency Act, 2008 (amended 2010) This Act established the Environmental Protection Agency of Sierra Leone (EPA-SL), to provide for the effective protection of the environment and other related matters. It mandates the EPA among others to: • Advise the minister on the formulation of policies on all aspects of the environment and in particular make recommendation for the protection of the environment; • Issue environmental permits and pollution abatement notices for controlling the volume, types, constituents and effects of waste discharges, emissions, deposits or other sources of pollutants of substances which are hazardous or potentially dangerous to the quality of any segment of the environment; • Prescribe standards and guidelines relating to ambient air, water and soil quality, the pollution of air, water, land and other forms of environmental pollution including discharge of waste and the control of toxic substances; • Ensure compliance with any laid down environmental impact assessment procedures in the planning and execution of development projects, including compliance in respect of existing projects; and • Impose and collect environmental protection levies in accordance with this Act or regulations made under this Act. Section 24 of the Act lists project activities requiring an Environmental Impact Assessment license which includes infrastructural projects such as roads and bridges. Further site-specific information will be given in the ESIA report to be prepared for this project. Section 25 and 26 describe factors for determining whether a project requires an environmental impact assessment and the contents of the environmental impact assessment respectively. The Act describes the procedures to be followed to obtain permits for both existing and proposed undertakings through the conduct of environmental impact assessment. The Environmental Protection Agency Act 2008 (amended 2010) gave executive powers to the board. 8 2.1.3 Local Government Act, 2004 This Act deals with the establishment and operation of local councils around the country to enable meaningful decentralization and devolution of Government functions. It stipulates that a local council shall be the highest political authority in the locality and shall have legislative and executive powers to be exercised in accordance with this Act or any other enactment. It shall be responsible, generally for promoting the development of the locality and the welfare of the people in the locality with the resources at its disposal and with such resources and capacity as it can mobilize from the central government and its agencies, national and international organisations, and the private sector. The local council should initiate and maintain programmes for the development of basic infrastructure and provide works and services in the locality. A local council shall cause to be prepared a development plan which shall guide the development of the locality. 2.1.4 The Sierra Leone Roads Authority Act 1992 The Sierra Leone Roads Authority Act of 1992 creates the authority of the Sierra Leone Roads Authority to create regulations pertaining to the safe usage of roads. FIUT will comply with the rules and regulations on vehicles and goods transportation as they apply to its operations. 2.1.5 The Sierra Leone Road Safety Authority Act 1996 (amended 2010) The Road Transport Authority (Amendment) Act 2003, the act established the Corps of Traffic Wardens to complement the Sierra Leone Police Force with regard to traffic duties and by exercising the following duties: • To control and regulate traffic • To render the roads free from unnecessary obstruction and ensure the free flow of traffic. • To educate the public on road safety • In the case of an accident – to divert traffic from the scene when necessary o To divert traffic from the scene when necessary; o To keep onlookers away and render first aid to any injured person; o To dispatch the injured, if any, to the nearest health centre or hospital without delay; o To report the accident to the nearest police station; and o To enforce all rules and regulations pertaining to the conduct of road users, including pedestrians, for the promotion of road safety. Other regulations dealing with traffic law enforcement are the Road Traffic Act (RTA) 2007 and the Road Traffic Regulation 2011. The former was introduced as a means of consolidating the laws relating to road traffic, while the later was to clarify the powers of conferred on the Sierra Leone Road Safety Authority in accordance with Section 143 of the (RTA) 2007: The Authority may make regulations generally as to the use of vehicles on roads, their construction and equipment and the conditions under which they may be used and otherwise for carrying this Act (Road Traffic Act 2007) into effect. 9 2.1.6 The Road Maintenance Fund Administration Act 2010 The Road Maintenance Fund Administration Act of 2010 established the Road Maintenance Fund Administration to administer the funds. The RMFA’s main mandate includes management and administration of the maintenance funds, monitoring of monies allocated from the fund; approval of applications for financing of maintenance activities from designated bodies. In approving maintenance plans, RMFA is guided by the Integrated Transport Policy, Strategy and Investment Strategy (ITPSIP) current policy to prioritize preservation of all roads that are in good and fair condition by channeling funds first to routine maintenance and then to periodic maintenance. 2.2 Policy framework 2.2.1 National Environmental Policy 1994 The GoSL National Environmental Policy (NEP) of 1994 emphasizes the need for Sierra Leone to pursue development on a sustainable path implying the need for sound environmental and natural resources exploitation and management. On the basis of these, the road corridor improvement project needs to comply with the NEP policy objectives as well as other provisions in a number of policy instruments in order to ensure compliance of the project works. 2.2.2 National Land Policy (2015) The new National Land Policy is the guideline in the administration of, management, control, planning and execution of land matters in Sierra Leone. The Policy aims at the judicious use of the nation’s land and its entire natural by all sections of Sierra Leone society in support of various socio-economic activities undertaken in accordance with sustainable resource management principles. The principles of the land policy include among others: • Principle of land as a common national or communal property resource held in trust for the people and which must be used in the long term interest of the people of Sierra Leone. This principle only holds where it does not violate existing rights of private ownership. • Compensation to be paid for lands acquired through compulsory government acquisition will be fair and adequate and will be determined, among other things, through negotiations that take into consideration government investment in the area. • Local Authorities (City and District Councils) may negotiate for land for project development purposes, but all such grants should be properly documented and processed. • No interest in or right over any land belonging to an individual or family can be disposed of without consultation with the owner or occupier of the land; and • No interest in or right over any land belonging to an individual or family can be compulsorily acquired without payment, in reasonable time, of fair and adequate compensation. The law governing interest in land in the Western area is partly derived from the English law based on what used to exist in England, partly by Act of Parliament including the constitution of Sierra Leone Act No. 6 of 1991 especially section 21 and all amendments made thereto. Here, the law regulating acquisition of land and compensation is governed by the Public Land Act, Cap 116 of the laws of Sierra Leone 1960 particularly Sections 4,5,6,7,8,9,10, 15,16,18, and 19 etc of the Act (i.e. CAP 116 of the laws of Sierra Leone 1960). 10 2.2.3 The New Direction Policy Framework 2018. Sierra Leone’s Country Development Agenda is pinned on the New Direction Policy Framework that outlines key development strategies. The policy framework has identified strengthening road infrastructure among core sectors that would contribute to lowering the cost of business as well as promoting competitiveness of the economy. Though roads account for over 80% of passenger and freight traffic only about 10% of the road network estimated at 11,500 km is paved and only 21%2 of rural population (60% of the country population) resides within two (2) kilometres of an all-weather road. These compounded effects ultimately result in high transaction costs and poor competiveness of the economy particularly for the people residing in rural communities that depend on agriculture for their livelihoods. In the “New Direction Manifesto 2018”, the President expressed his vision for improving transport in the Capital, Freetown by “address the current traffic congestion in Freetown not only by the construction of new roads but also by employing proven and practical traffic engineering mitigation measures such as the use of traffic signals, directional traffic flows, channelization, the use of pedestrian only roadways, commercial vehicles only roadway, peak and off-peak traffic directional flows, and effective traffic enforcement. Use of automated traffic signalization at key intersections in the cities of Freetown, Bo, Makeni and Kenema. Complete a four- lane express road from West to East Freetown within five years. Widen selected roads and build new flyovers at key junctions of Lumley, Congo Cross, Model, Eastern Police, Up Gun and Cline Town”. Provide more mass transit facilities, especially by buses in large urban areas like Freetown, Bo, Kenema and Makeni. Increase public bus services to all areas: 18 hours service a day”. 2.2.4 Strategic National Urban Transport Policy (SNUTP) and Integrated Mobility Plan for Freetown The policy sets the vision for urban transport in the country as “an efficient, accessible, safe and affordable transport system that minimizes travel while ensuring sustainability, equity, poverty reduction and better quality of life for all citizens”. Urban transport therefore focuses on the movement of people and goods by giving priority to public transport, goods transport, pedestrians and non-motorised transport while controlling the level of private transport use. It will include a network of safe, affordable and efficient bus services, supplemented by poda- podas, taxis and okadas where appropriate, with a high degree of private sector participation. Urban transport will also be characterized by clean, clear and well-maintained roads and footpaths. The public transport infrastructure will be user-friendly, there will be full compliance with traffic rules and it will aim for safety and mobility for all. 2.3 Administrative Framework The following institutions would have various roles to play in the development and implementation of the Resettlement Action Plan. 11 2.3.1 Ministry of Transport and Aviation (MoTA) This Ministry is mandated to deal with issues related to transport on land, air and sea as well as local and international communications. Transport sector contributes to habitat fragmentation and loss as well as the introduction of pollutants into the environment. The Ministry oversees the Sierra Leone Road Safety Authority (SLRSA) and the Sierra Leone Road Transport Corporation (SLRTC). There is also recognition that effective project delivery would require collaboration across multiple departments and agencies, including Freetown City Council (FCC), SLRA, SLRSA, and Sierra Leone Police traffic division. To strengthen coordination across multiple agencies, a Steering Committee has been established with members from key agencies responsible to support the project preparation. The MoTA has the over responsibility for the development and implementation of the RPF and RAPs. The IRUMP will be implemented by the MoTA, where Project Coordinating Unit (PCU) will be hosted. The PCU will manage day-to-day implementation of the project. It will oversee the compensation exercise and will ensure that PAPs are fully compensated. The staff will ensure the following PCU roles: project Coordinator, procurement specialist and assistant, environmental and social safeguards specialist, financial management specialist and accountants, Monitoring and Evaluation specialist, consultants, technical experts and a communication specialist. 2.3.2 Ministry of Lands, Housing and the Environment The MLHE shall be responsible for managing and protecting the environment as well as land valuation and compensation related to this project. The ministry provides advisory services to the public on land matters and is also responsible for physical planning and management of the forestry resources. The Town and Country Planning Department is responsible among others for planning, controlling and ensuring the harmonious, sustainable and cost effective development of human settlements in accordance with sound environmental and planning principles. The Surveys and Lands Department This Department is responsible for the management of public and vested lands transactions and they, in co-ordination with the relevant public agencies and governmental bodies, perform other functions related to involuntary resettlement. The Land Valuation Committees of District Councils Aim at delivering an open, timely and cost effective valuation service, with the view to supporting economic development. The Land Title Registry The Lands Title Registry aims at providing an open, cost effective and timely service in the registration of titles and interests in land that is state-guaranteed to meet the needs and expectations of the country and its inhabitants. The Ministry of Lands, Housing and the Environment (MLHE), is responsible for timely availing substitute plot of land, valuate and effect compensation payment, and other resettlement assistance for PAPs. 12 2.3.3 Ministry of Finance (MOF) The Ministry of Finance is the agency that manages the central government’s budget. The Finance Ministry is responsibility for financial management, procurement, and monitoring and evaluation functions of the project. They have the financial responsibility for RAP implementation to pay cash compensation to PAPs. Upon receipt of the approval of the compensation data, the Ministry, subject to the availability of funds releases the total amount of compensation to PAPs to the implementing entity for subsequent payment to the affected people. 2.3.4 Ministry of Local Government and Rural Development (MLGRD) Local Government in Sierra Leone is a sub-national structure to which some functions have been delegated to it from the Central Government to plan, administer and manage with accompanying resources. The Freetown City Council operates through a local council which is the highest political body in the Freetown. The elected council constitutes representative body with delegated powers and funds for local governance. The local government structures within the FIUT project footprints will be implemented will participate in the planning, implementation and monitoring of resettlement/rehabilitation operations. 2.3.5 Ministry of Social Welfare, Gender and Children’s Affairs The ministry is charged with the responsibility to promote and protect the rights of women, children, the aged, persons with disability, and other vulnerable groups through development and review of policies, advocacy coordination with stakeholders, building capacity and effective monitoring and evaluation in order to enhance equity for all. 2.3.6 The Environment Protection Agency Environmental Protection Agency is a statutory agency for the protection of the environment and for other related matters. With reference to the road project, the EPA has the overall responsibility of approving and monitoring the project’s compliance in line the Approval Conditions as well as other standards relating to environment. It is further empowered to identify projects, plans and policies for which environmental assessment are necessary and ensure that the same is done in line with the provisions of EIA regulations. Its responsibilities include managing the EIA process, making decisions and ensuring that management occurs in accordance with the decision. As such, EPA approves the terms of reference for project assessments, reviews reports including the project brief, EIA and follow-up, monitoring reports. The Agency also helps the project proponent to establish a public consultation process. The EPA has the authority to require ESHIA and is responsible for ensuing compliance with ESHIA procedures. The EPA will monitor the resettlement/rehabilitation operations. 2.3.7 Sierra Leone Roads Authority Sierra Leone Roads Authority is a semi- autonomous government entity responsible for the administrative control, planning, development and maintenance of all national road network and related structures including bridges, street furniture, and government-owned ferries. It is also responsible for traffic management, including provision of traffic signals, road signs and markings; road layout and junction design, as well as the condition of the roads. 13 With regard to the environmental and social aspects of this road project, SLRA’s Environmental Division will take the responsibility of monitoring compliance during implementation and operational stages of the road project. SLRA provides technical support to PCU/PIU, whenever necessary. The SLRA will also ensure that the ROW is implemented as per the approved planning schemes on each road corridor footprints. 2.3.8 Sierra Leone Road Safety Authority The SLRSA reports to the MoTA through its board of directors, the SLRSA is responsible for testing and licensing all vehicles and drivers in Sierra Leone; road safety, and employs traffic wardens to assist the traffic police in controlling traffic and enforcing traffic and parking regulations; planning of public transport routes in Freetown. Under the current legislation, the Sierra Leone Road Safety Authority is responsible for designating public transport routes as well as set fare levels. Section 35 of the Road Traffic Regulations 2011 places the responsibility on the SLRSA to license all public transport in Sierra Leone. The Authority is also responsible under section 41 of the same Statutory Instrument (SI) to designate the various routes allocated to operators as well as the amount they should charge for the various stages along the routes. 2.3.9 Sierra Leone Road Transport Corporation The Sierra Leone Road Transport Corporation is the state corporation established by an Act of Parliament in 1964 with responsibility for providing public passenger transport services in Sierra Leone. SLRTC will be instrumental in monitoring behavioural road safety aspects during the implementation and operation of the road in line with its mandate. The SLRTC has powers to provide and regulate passenger transport services throughout the country. 2.3.10 Freetown City Council Freetown City Council (FCC) is the highest political authority in the city of Freetown, with legislative and executive powers. It is responsible for promoting the development of the city and the welfare of the people with resources at its disposal (Local Government Act, 2004). It has a major stake in all development programs and the collection of licenses and taxes within the city. Other responsibilities include: • Mobilisation of human and material resources necessary for the overall development of the city and the people living there; • Promoting and supporting productive activity and social development; • Initiating and maintaining programs for the development of basic infrastructure and provides works and services; • Initiating, drawing up and executing development plans for the city; • Determining tax rates, approving annual budgets and overseeing the implementation of such a budget; and • The formation of committees 14 FCC does not have the mandate for urban transport. The Local Government Act 2004 empowers local councils to provide Public Transport Parks (commercial vehicle parks), to designate parking areas and to charge for parking; control street traders. The local councils are also responsible for controlling street traders. Local councils have no responsibility for traffic management, other than parking control. There is no formal position within the FCC dealing with public transport. In this project, the FCC will provide assistance to the PIU during public consultation meetings and in identifying resettlement sites for PAPs, when necessary. They will also to provide zonal valuation as basis for determination of just compensation. 2.3.11 Sierra Leone Police (SLP) Police traffic functions include controlling operations and enforcing regulations; the police undertake some traffic planning functions, such as design and implementation of one-way traffic systems. In addition, they collect transport accident and fatality data. 2.3.12 Transport Owners Association and Drivers’ Union The Union represents the interests of their members and plays a role, in liaison with relevant government agencies, in allocating operators to routes, and control of the informal transport sector generally. Informal transport terminals are managed by representatives of the drivers’ unions. The principal unions are: Indigenous Transport Owners’ Association Motor Drivers’ Union; Bike Riders Union. The transport owners associations and unions are an important component of the road transport industry in Sierra Leone. As well as their traditional functions of protecting and improving the working conditions of their members, they principally control the informal transport services and discipline operators and their employees. However, their objectives are determined by the interests of their members rather than those of the general public. 2.3.13 Sierra Leone Traders Union The SleTU represents the members of country’s main five traders unions. Its key function is to address the general welfare of its members. It has the power to revoke permits issued by the city council. There are several unions that represent the owners and drivers of commercial passenger and freight transport vehicles in Sierra Leone. The principal unions are: Motor Drivers’ Union and Bike Riders’ Union. They are an important group to get the necessary buy-in for the project; they provide information on traders at the Lumley area, and they are key influencers for the project. 15 3 WORLD BANK SAFEGUARDS POLICIES 3.1 Introduction The World Bank safeguards policy applicable to the IRUMP operations under this RPF is the Operational Procedure (OP) 4.12 (Involuntary Resettlement). The World Bank’s policy on involuntary resettlement (OP 4.12) will be applied in any of the IRUMP operation undertaken by MoTA and its counterparts agencies by itself that displaces people from land or productive resources and which results in relocation, the loss of shelter, loss of assets or access to assets important to production, the loss of income sources or means of livelihood. The policy is triggered not only by physical relocation caused by the project but by any loss of land or other assets resulting in: • Relocation or loss of shelter; • Loss of assets or access to assets; or • Loss of income sources or means of livelihood, whether or not the affected people must move to another location. The policy applies to all components of a project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement that in the judgement of the Bank are: • Directly and significantly related to the Bank-assisted project; • Necessary to achieve its objectives as set forth in the project document; and • Carried out, or planned to be carried out, contemporaneously with the project. 3.2 Objectives The objectives of the involuntary resettlement policy are to: • Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs; • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. • Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs (RAP). • Assist project affected persons to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-sub project level • The policy defines the requirement of preparing a resettlement plan or a Resettlement Policy Framework, in order to address the involuntary resettlement. The key Principles of World Bank Involuntary Resettlement Policy are: • The need to screen the project early on in the planning stage • Carry out meaningful consultation • At the minimum restore livelihood levels to what PAPs were before the project, improve the livelihoods of affected vulnerable groups • Prompt compensation at full replacement cost is to be paid 16 • Ensure that PAPs who have no statutory rights to the land that they are working, are eligible for resettlement assistance and compensation for the loss of and/or assets • Disclose all reports The policy safeguards against impoverishment risks of involuntary resettlement that may be associated with a development project. It addresses risks that the production systems may be dismantled; people may face impoverishment when their productive assets or income sources are lost; people may be relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks may be weakened; kin groups may be dispersed; and cultural identity, traditional authority, and the potential for mutual help may be diminished or lost. The OP 4.12 further requires particular attention to be given to the needs of vulnerable groups, especially those below the poverty line including; • Landless individuals and households • Elderly persons • Women and children • Indigenous groups and ethnic minorities and • Other disadvantageous persons The World Bank’s Policy requires that where World Bank funded project activities result in displacement, a Resettlement Action Plan (RAP) shall be prepared and cleared by the Bank prior to the implementation of resettlement activities. It is a requirement of the Bank for adequate provision to be made for compensation and other assistance to Project Affected Persons (PAPs), to restore livelihoods when these are affected appreciably and this must be done prior to the displacement of people. In particular, the policy requires that possession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the RPF. 3.3 Comparative analysis of national policies with World Bank Requirements The preparation and content of this RPF is within the existing national legal and administrative framework and that of the World Bank’s policy on involuntary resettlement. The law and regulations and requirements for resettlement in Sierra Leone are not fully compatible and there are some differences with that of WB. In the case of any gaps between the national law and WB Policies, the provisions that provide the highest protection of the PAPs will be adopted and final, which will be an agreement between the WB and the Sierra Leone Government. The key differences between Sierra Leonean legislation and WB OP 4.12 relevant for this transport project are as follows: • Persons who have no recognizable claim to the land they occupy are not entitled to compensation, including resettlement to adequate housing and livelihood restoration assistance; • Persons who have no recognizable claim to the land they occupy are not recorded by a census; 17 • In cases of economic displacement, project affected people, including those with informal income are not entitled to livelihood restoration assistance, however this can be provided in the framework of the WB OP 4.12 policies; • Informal residential and business structures are not subject to compensation; • Consultations with affected people regarding proposed compensation processes are not required by national legislation; • Provision of special support to vulnerable groups is not applicable in the national legislation; • Foreseen by the Expropriation Law, however it can be provided in the framework of other national laws; • There are no requirements for monitoring and evaluation of the resettlement process and outcomes. Table 1 summaries a comparative analysis between the national policies and the WB requirements 3.4 Common principles Generally, both the donors’ and the policy of GoSL support the following basic principles: • Involuntary resettlement shall be avoided or minimized to the extent possible through the incorporation of social consideration into design options and alignment selections • Where displacement is unavoidable, i.e. people losing assets, livelihood and other resources shall be assisted in improving or at a minimum regaining their former status of living at no cost to themselves. There are some areas, however, where additional measures or further specifications for the entitlements under national guidelines and laws are necessary to meet the standards of the World Bank (OP 4.12). These additional measures are essential for ensuring that the principles mentioned above will be achieved. In addition, a well thought out, specific entitlement framework would protect the project from major delays caused by confusion. 18 Table 1: Comparison of National Legislation and WB Requirements for Involuntary Resettlement Issue National law World Bank Policy Gap Strategy Public The PAPs are Meaningful consultations Displaced persons and their Detailed Public Consultation Plan consultation contacted in the with affected persons and communities are not provided and Communications Strategy will and process of communities, local timely and relevant ensure informed participation information expropriation, but authorities, and, as information, consulted on through life of project, from disclosure there is no public appropriate NGOs needs to resettlement options, and inception to completion. A discussion be carried out. offered opportunities to feedback system will be ensured participate in planning, during project life. TIDU will be implementation and the responsible body for monitoring of resettlement consultation and disclosure. Compensation No legal Preference should be given National Law does not Compensation payments will be provision; to land-based resettlement stipulate transparency or prompt, transparent and consistent, compensation is (land to land) to PAPs whose consistency as requirement in through compensation policies paid based on livelihood is land-based. In payments developed and agreed with monetary terms to some instances cash stakeholders prior to displacement. replace the lost compensation are given at TIDU, with local authorities and land and property full replacement cost in local valuator will develop compensation markets and TIDU/MLHC/FCC will be responsible for final approval and payment. Encroachers/ no legal People without title may be Squatters may be entitled to All eligible owners of pre-cut-off squatters provisions are entitled for cash cash compensation for date assets (buildings, land etc) will made for compensation to assist them investments made on land be considered for compensation and entitlements for relocate from land that they before cut-off regardless of treated equally regardless of legal people without occupy except people who legal tenure tenure. Those with formal or titles to land i.e. encroach on the area after the recognized titles to land will squatters/encroac cut-off date are not entitled receive compensation for the land. hers to compensation or any form TIDU in coordination with local of resettlement assistance authorities and valuators will ensure this. Livelihoods No provision. Provide additional targeted WB requires targeted Resettlement assistance in terms of restoration National Law assistance (e.g. credit assistance in terms of moving allowances, loss of Issue National law World Bank Policy Gap Strategy and does not specify facilities, training or job livelihood supports earnings etc. will form part of resettlement assistance opportunities) and compensation framework, in assistance opportunities to improve or addition to longer term livelihood at least restore their income development programmes. TIDU, earning capacity, production MLHC and FCC will be the levels and standards of living responsible bodies for this. to economically displaced persons whose livelihoods or income levels are adversely affected. For a transitional period Support to No legal According to World Bank WB requires focused Specific efforts will be made to vulnerable provision; policy a special attention measures for vulnerable identify vulnerable, or potentially groups compensation for must be given to vulnerable groups vulnerable households at time of expropriated groups. They are entitled to baseline surveys, for special property can be additional compensation, consideration based on scale of determined legal assistance during impact. TIDU and local authorities resettlement and help during will identify vulnerable groups. physical relocation Treatment of Fixed Under OP 4.12 para 16: (i) Compensation for fixed TIDU, MLHC/FCC will be residential and improvements compensation at full improvement introduced by responsible. business introduced by replacement cost for loss of the renter will be paid to the renters renters on the structures/assets other than renter. Renter will be land or structures land; (ii) resettlement provided compensation for automatically assistance; and (iii) other transfer costs and disturbance belongs to the assistance, as may be compensation for temporary landowner, unless necessary to fulfill OP 4.12 closure of the business there is a specific objectives establishment while transfer is provision that the ongoing owner will compensate the renter for any 20 Issue National law World Bank Policy Gap Strategy fixed improvements introduced by the latter. The practice is to ask the landowner to sign a waiver, allowing the renter to be paid compensation for any fixed improvements Grievances The law WB policy requires that a WB requires specific Detailed grievance mechanism in prescribes the GRM is established to grievance mechanism to be in place and articulated through Public possibility of provide an avenue place Consultation and Disclosure Plan, appealing opportunity for PAPs with recourse to court of law if throughout complaints to be received to need be. The GRM will be expropriation facilitate the resolution of accessible at no cost, reliable and phases with any grievance transparent and will be publicly statutory limits disclosed. A Grievance Committee will be established that will include representative of the PAPs and other stakeholders. TIDU is responsible for ensuring effective GRM is in place. Monitoring No provision Requires monitoring and WB requires effective Detailed monitoring, evaluation and and evaluation reporting on effectiveness of monitoring and evaluation of monitoring programme built into RAP implementation the effectiveness of RAP the overall project management implementation process. Monitoring will be internally and externally done. TIDU, MLHC and FCC are the responsible bodies. 21 In a number of cases, as shown in Table 1 above, the WB requirements are more favourable and provide better protection to PAPs than the provisions of the Sierra Leonean Laws. In the event of divergence between the two, the policy that will be considered to be of comparatively higher standard shall apply. 22 4 ELIGIBILITY CRITERIA FOR CATEGORIES OF PAPS 4.1 Project Affected Persons (PAPs) Project affected persons (PAPs) are defined as: • All persons who, as a result of works carried out or to be carried out under the Project would incur) relocation or loss of shelter, such as houses; • Loss of assets or access to assets, such as land or crops; or • Loss of income sources or means of livelihood whether or not the affected persons must move to another location, such as stalls or productive activities on the land; or • The involuntary restriction of access to legally designated parks or protected areas, which would result in adverse impacts on the livelihoods of displaced persons. The Project Affected Persons (PAPs) in accordance with the World Bank policy refers to people who are affected socially, economically by bank assisted investment project. Adverse impact could be expected during project operation and mitigation measures should therefore be planned. The IRUMP will affect fences/walls along the road and roadside markets. If a large number of people are affected, there will be need for the preparation of a RAP for the sub project components. A census and socioeconomic survey will be undertaken to obtain the total number, categories and needs and preferences of PAPs as part of the RAP preparations. In the case where less people are affected an abbreviated resettlement plan (ARAP) will have to be prepared in accordance with OP4.12. According to WB OP 4.12 the following criteria for defining PAPs have been analysed and presented in Table 2 below. Table 2: Criteria for defining PAPs Impacted Area Criteria WB OP 4.12 Provisions Livelihood reductions in income due to all persons whose livelihood is impacted the construction/rehabilitation by the actions foreseen under restoration work during restoration of of degraded land; degraded land; consultation process with PAPs should Reduction in income due to start as early as possible, preferably during construction work. the design stage; consultation process with PAPs should start as early as possible; public disclosure of entitlement matrix Economic Losses documented losses regardless compensation for all losses incurred; of legal ownership Land and Land owners/land users; compensation for all losses at replacement households value for all owners and users regardless of having a formal title Based on the above criteria the following PAPs are broadly categorized into four groups. 4.1.1 Affected Individuals These are individuals who lose their assets, land and property and/or access to natural and/or economical resources as a result of the sub-project implementation and to whom compensation is due. 4.1.2 Affected Households Where one or more of household members is affected directly and indirectly by project activities, either through loss of property, land, loss of access or otherwise affected in any way by project activities. This group includes a) any members in the households, men, women, children, dependent relatives and friends, tenants; b) vulnerable individuals who may be too old or ill to farm along with the others; c) relatives who depend on one another for their daily existence; and d) other vulnerable people who cannot participate for physical or cultural reasons in production, consumption, or co-residence. 4.1.3 Affected local community A community would be affected if project activities directly or indirectly affect their socio- economic and/or social- cultural relationships. 4.1.4 Vulnerable Households Vulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them. This category includes: a) widows and widowers; b) the elderly; c) disabled or ill household heads; d) orphans; e) women-headed household; f) child headed households, g) disabled or physically challenged persons, and households falling under the generally accepted indicator for poverty. 4.2 Eligibility Criteria The World Bank's OP 4.12 on Involuntary Resettlement clause 15 and in specific cases as agreed with affected community, eligibility criteria will be based on three basic principles: a) Those who have formal titles/legal rights to assets and land recognized under the Laws of Sierra Leone) (Statutory Rights of Occupancy ;) or a deemed right of occupancy based on customary laws and practices (Customary Rights of Occupancy); or proven and bona fide long standing occupation; b) Those who do not have formal legal rights or claim to land they occupy or use, are recognized under the Laws of Sierra Leone or become recognized through a process identified in the resettlement plan; and c) Those who have no recognized legal right or claim to the land they are occupying before the entitlement cutoff date set during the RAP process. To achieve the objectives of WB OP4.12 and principles set out in this RPF. Those covered under a) and b) above are to be provided compensation for land they lose, and given other assistance in accordance with the policy. Provided that they occupy the project area prior to a cut-off date established by the GOSL and acceptable to the Banks, persons covered under c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary to the achievement of the objectives of this policy. 24 All persons included in a), b) or c) above are to be provided with compensation for loss of assets other than land. Thus all affected persons irrespective of their status or whether they have formal tiles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the entitlement cut-off date. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Any person who suffers loss of or damage to an asset or loss of access to productive resources, as a result of the IRUMP operations under road corridor improvements (construction of markets), will be considered eligible for compensation; provided that, the damage or loss is induced by the project and satisfies the conditions of the cut-off date. The cut-off date of eligibility for entitlement is when the census survey is completed and when publicly announced. The date must have been discussed and agreed with the beneficiary communities and potential PAPs. Thereafter, no cases of affected people will be considered. Persons who encroach the area after the given cut-off-date are NOT entitled to compensation or any other form of resettlement assistance. All stakeholders including PAPs will be given full information on the qualification (eligibility), mode of compensation, the restoring plan of productive income, and the project’s progress and be involved in the enforcement of resettlement arrangements (community participation); information about the cut-off will be disseminated mainly through public meetings, notices in local newspapers, radio announcements and through local authorities. During planning and design phase of the road corridor improvements, construction of markets, drainage etc, efforts will be made to minimize impacts on land, people and property and access to resources due to expansion, rehabilitation or construction of road facilities. However in case where land acquisition will cause adverse impact on people and property or people’s access to land or property, the resettlement and cash compensation payment shall be made in accordance to the World Bank OP 4.12 and GoSL State Land Act 1960 and Road Authority Act 1992. The implementing agencies will consider various forms of evidence as proof of eligibility, this will include, but not limited to; PAPs with formal legal rights documented in the form of land title registration certificates, leasehold indentures, tenancy agreements, rent receipts, building and planning permits, business operating licenses, utility bills among others. Unprocessed/unregistered formal legal documents will not bar eligibility and procedures for confirming authenticity of such documents will be established in the RAP. Affected persons with no formal or recognized legal rights. Criteria for establishing non-formal, undocumented or unrecognized claims to eligibility shall be established paying particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include: affidavit signed by landlords and tenants; witnessing or evidence by traditional authority, family heads and elders and the general community 4.2.1 Eligibility for resettlement/relocation: Eligibility for compensation and/or resettlement will consider the following categories of PAPs: • All those affected households whose family land and/or assets, business, services and buildings are located within the identified subproject sites or in any other subproject area that has to be expropriated for effective implementation of the FIUT project. 25 • Households who are occupying land that will be acquired by the project and the remaining piece are considered economically unviable. 4.2.2 Eligibility for community compensation: Eligibility may also be claimed collectively, for example for a community, when the assets lost are of communal property or use. Individuals or families can claim individual eligibility for loss of assets of a private nature to that individual or household. Groups that own communal land and properties thereon, if expropriated and/or access to assets and or resources under statutory or customary rights will be blocked by the project, such groups and or organisations will be eligible for compensation. Example of community compensation could be for public toilets, market places, school buildings and health centres, or access to alternative sources of natural resources to restore their livelihoods. The rationale for this is to ensure that the pre-project socioeconomic status of communities adversely impacted is also restored. The FCC will play a crucial role in identifying communal assets. Most subprojects do not normally take land and other assets belong to a community, such as a community center, school or sacred site, if this occurs in a subproject, the community (as a whole) will be compensated. The compensation will be in the form of reconstruction of the facility (in case of damages) or replacement of at least the same standard or equivalent or better standard required by local planning regulation. 4.2.3 Eligibility for loss of property/assets This includes loss of houses, crops and trees, structures, fixed improvements, business which should be compensated at market value, negotiated settlements, productivity valuation, material and labour valuation. PAPs that lose their property or assets will be compensated as per: Established legal principles and framework for expropriation and compensation. According to law, persons are entitle to compensation of permanent improvements made in land equal to the value of capital and labour expended on the land; the cost removal transportation and reinstallation of a property that could be relocated and reused; a replacement land to be used for construction of urban dweller the size of which will be determined by urban administration under consideration; and displacement compensation equivalent to annual rent of similar property (demolished dwelling house) or reside free on property owned by the city administration; and lease holders, in addition to the above mentioned compensation, is entitled to be provided with similar plot of land to use for the remaining lease period. 4.2.4 Loss of income and livelihood Persons who will lose their income due to the project, and workers who will lose their employment and/or economic livelihoods in the process of expropriation will be entitled to transitional income support. Compensation equivalent to lost income required for the duration of impact should be paid to the latter. In addition, PAPs will be entitled to transitional assistance, which will include moving expenses, support for acquisition/making of temporary residences (if necessary), and employment on the project. 26 Livelihood restoration strategies will be put in place and implemented during the construction of the project. Monitoring of the strategies will commence about 3 months after their implementation and will continue after the construction phase. 4.2.5 Assistance to vulnerable groups The compensation implementation will entail taking special measures and assistance for vulnerable affected persons, such as female-headed households, disabled persons and the poor. PAPs will be entitled to compensation and resettlement assistance that will help in the restoration of their livelihoods to at least, pre-project standards, because; they are at higher risk than other based on their vulnerability status. The type of livelihood restoration suitable to each PAP will be identified by the steering committee in consultation with PAPs. As minimum indicator to be considered, PAPs level of education, age and present means of livelihood should be assessed. 4.2.6 Livelihood restoration The World Bank’s Operational Policy 4.12 requires that displaced persons should be assisted in their efforts to improve their livelihoods and standard of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. ‘Livelihood’ refers to the capacity to gain a sustainable living – a flow of income and wealth accumulation – from a wide range of cultural and social resources. Livelihood improvement, therefore, is not accomplished by compensation for lost assets. The policies clearly state that the displaced should become net beneficiaries of the project that is displacing them, over and above any general benefits accruing to the nation or overall community from the project. The project will implement the following strategies to assist PAPs in addition to compensation for their asset losses, to improve/restore their livelihood destroyed as a result of implementation of subprojects: • Capacity building training on businesses which they want to engage in • Technical support on Business Plan Preparation, and implementation of the businesses; • Access to employment opportunities created by the project; • Assistance to identify and access other income/livelihood generation activities; • Compensation for the cost of re-establishing business activities elsewhere; and • Follow up, supervision and monitoring of the implementation of business Livelihood restoration assistance will be provided to those identified as needing it during the socio-economic survey. 27 5 ENTITLEMENT FRAMEWORK FOR PROPOSED RESETTLEMENT AND COMPENSATION POLICY Based on analysis of the impact of the project and eligibility policies of the WB, an entitlement matrix has been developed based on categories of affected persons according to losses and their entitlement benefits. The Entitlement Policy accordingly specifies compensation and/or rehabilitation measures for two units of entitlement: individuals (i.e. affected individuals and their households) and groups. Project Affected persons will be entitled to compensation, assistance, and resettlement as specified in the Entitlement matrix of the Project in Table below. Table 3: Summary of Entitlements for various categories of project affected people Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets Agricultural Less than a fraction of Farmer/title holder Cash compensation for affected land land land holding affected. equivalent to replacement value either The remaining land in cash at market rates or cadastral remains economically values (whichever the highest) or valuable through replacement land acceptable to the affected parties. When there are no active land markets cash compensation will be based on a negotiated value of the yearly product of the land for a sufficient number of years to ensure the affected parties rehabilitation for the loss of their land. Tenant/lease holder Cash compensation for the harvest or product from the affected land or asset, equivalent to average market value or cadastral values (whichever the highest) or will be given a new lease. If this is not possible, they will receive compensation equal to “the market or cadastral value of affected land (whichever the highest) + 15%” according to the length of the lease. More than a fraction of Farmer/title holder Land for land replacement where land holding lost. feasible, or compensation in cash for Remaining land is not the entire landholding according to valuable PAP’s choice (that is, the landholder has the right to negotiate the amount of compensation proposed). Tenant/lease holder Cash compensation at market value, relocation assistance Commercial Land used for business Title holder/business Cash compensation for affected land. 28 Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets land partially affected, limited owner Opportunity cost compensation loss Assets used for business severely Title holder/business Land for land replacement or affected. If partially owner compensation in cash according to affected, the remaining PAPs choice. Relocation assistance assets become insufficient for business purposes Land used for business Title holder/business Cash compensation for affected land. partially affected, limited owner Opportunity cost compensation loss Business person is Opportunity cost compensation lease holder Assistance in rental/lease of alternative land/property (for a maximum of 6 months) to re-establish the business Residential Land used for residence Title holder Cash compensation for affected land, land partially affected, limited taking into account market values for loss. Remaining land the land, where available viable for present use Rental/lease holder Cash compensation equivalent to 10% of lease/rental fee for the remaining period of rental/lease agreement (written or verbal) Land and assets used for Rental/lease holder Refund of any lease/ rental fees paid residence severely for time/ use after date of removal affected Cash compensation equivalent to 3 months of lease/ rental fee Assistance in rental/ lease of Remaining area alternative land/ property insufficient for continued Relocation assistance (costs of shifting use of becomes smaller + allowance) than minimally accepted under zoning laws Building and Structures are partially Owner Cash compensation for affected structures affected building and other fixed assets Cash assistance to cover costs of Remaining structures restoration of the remaining structure. viable for continued us Partial impacts will entail the compensation of the affected portion of the building plus repairs 29 Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets Rental/lease holder Cash compensation for affected assets (verifiable improvements to the property by the tenant). Disturbance compensation equivalent to two months rental costs Entire structures are Owner Cash compensation for entire structure affected or partially and other fixed assets without affected depreciation, or alternative structure of equal or better size and quality in an Remaining structures not available location which is acceptable suitable for continued to the PAP. use Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training). Partial impacts will entail the compensation of the affected portion of the building plus repairs Rental/lease holder Cash compensation for affected assets Relocation assistance Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/informal Cash compensation for affected dweller structure without depreciation Right to salvage materials without deduction from compensation Relocation assistance to an area where they can live and work legally Rehabilitation assistance if required assistance with job placement, skills training). Provision for transport assistance in relocation. Partial impacts will entail the compensation of the affected portion of the building plus repairs Encroachers Relocation to resettlement site of 30 Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets choice, with payment of rental fee for land. Partial impacts will entail the compensation of the affected portion of the building plus repairs. Street vendor Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year ( or tax records from comparable business or estimates), or the relocation allowance, whichever is higher Relocation assistance (costs of shifting) Assistance to obtain alternative site to re-establish the business Fences/walls All PAPs with fences to All PAPs Cash compensation at replacement be affected (construction) cost according to the material and linear meter length of affected fence/wall Standing Crops affected by land Owner/tenant/squatter Cash compensation at market rate by crops acquisition or temporary default at gross crop value of expected acquisition or easement harvest Trees losses Trees affected Title holder Cash compensation at market rate based on type, age and productive value of the trees Temporary Temporary acquisition Owner/tenant/squatter Cash compensation for any assets acquisition affected Business or Temporary or permanent All Affected Persons Entrepreneurs (i) (permanent impact) employment loss of business or (including squatters) cash indemnity of 1 year net income; losses employment (ii) (temporary impact) cash indemnity of net income for months of business stoppage/interruption up to 1 year. Assessment to base on tax declaration. In absence of tax declaration the affected households will receive rehabilitation allowance based on the maximum non-taxable salary for the number of months of business stoppage/interruptions up to 1 year. 31 Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets The maximum non-taxable salary is equal to minimum salary. Permanent worker/employees : indemnity equal to: (i) permanent job loss 3 months of minimal salary; (ii) Temporary loss minimum monthly salary for the number of months of job loss up to 3 months Relocation Transport and All Affected Persons Provision of funds to cover transport transitional livelihood by relocation costs and livelihood expenses for 1 costs month Common Community/public assets Community Reconstruction of lost property loss structure/utilities (e.g. mosque, church, schools, road, health centres, footbridge etc) and restoration of their functions in consultation with affected community/local authority. Establishment of temporary facilities during construction. Vulnerable Affected Persons Allowance equivalent to 6 months to Affected below Poverty line or displace poor vulnerable families and Persons headed by women or employment priority in project-related livelihood elderly people jobs Temporary Loss of access to land Owners/users Temporary access will be set up by impact parcel construction company. In cases of temporary loss of access to land parcel results in loss to crops, the construction company will compensate APs. All losses and amount of due compensation shall be determined according to the principles of compensation entitlements provided under this RPF and relevant RAP Avoidance of Business units Temporary access will be set up by the interruption of temporary construction company access road to the business activity Unforeseen/u Any unforeseen/unanticipated nanticipated resettlement impacts due to the subprojects will be documented and 32 Land and Type of impact Person(s) affected Compensation/entitlement/ benefits assets impacts mitigated based on the spirit of the principle agreed upon in this framework 33 6 PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS 6.1. Guidelines The process of preparing the resettlement plans will follow the guidelines of the mentioned World Bank Resettlement Policy (section 1.6) which requires resettlement and compensation plans must include measures to ensure that displaced persons are: • Informed about their options and rights pertaining to resettlement and compensation; • Consulted on, offered choices among and provided with technically and economically feasible resettlement and compensation alternatives, and • Provided prompt and effective compensation at full replacement cost for proposed measures and costs to maintain or improve their living conditions Adequate public consultation and participation are two mandatory components of the process. Components will ensure that affected persons must be made aware of: • Their options and rights pertaining to resettlement and compensation; • Specific technical 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; and • Losses of assets and access, attributable to the project 6.2. Implementation agencies The MoTA/TIDU/PIU and its technical support agency (SLRA) as an implementing agency/entity will be responsible for the implementation of detailed surveys in the field, including the census of PAPs and the detailed inventory of losses, that is, all-land and non-land impacts. In addition, the implementing agency will recruit an independent certified valuator to carry out the valuation of all affected assets. This will enable the establishment of a budget for compensation payments, relocation and livelihood restoration. 6.3. Screening and review process Screening is an important part of the resettlement and compensation planning process. The main purpose is to identify subproject sites which will potentially have resettlement and land acquisition issues under the IRUMP, and provide adequate measures to address the impacts. The screening process ensures that IRUMP subprojects comply with the requirements of the Sierra Leone Environmental Legislation (EPA Act 2008 (as amended 2010). The MoTA/TIDU/PIU will be responsible for screening the proposed subprojects by using checklists presented in annex 2 as part of the environment and social screening process for each of the civil works of the subprojects detailed in the ESMF. 34 The screening activity should be undertaken at the initial stage of the process and will identify land that is to be taken for the project and PAPs who will need to be resettled and/or compensated. This will be in consultation with the affected parties to ensure that all considerations are taken into account and all potential impacts are identified. 6.4. Socioeconomic survey Once the final designs of the road corridor improvements (intersection) with land acquisition and resettlement impacts are ready, a socioeconomic census of PAPs can be started, including cadastral survey of affected property and their owners and users. A socioeconomic survey will be carried for the affected households in order to understand the socioeconomic aspects of PAPs livelihoods (source of income, poverty status, ethnicity, education, health situation, land holding, housing type and value etc) and to reveal PAPs that would require special livelihood restoration measures. On the basis of these survey data the RAP will be compiled. PAPs will be continuously informed about the course of the Project and establishment of grievance redress mechanism/the final RAP shall be approved by WB and GoSL and disclosed. In line with WB OP 4.01 and OP 4.12, it is good practice to implement additional livelihood improvement measures for the PAPs in order to improve livelihoods to reduce vulnerability or at least restore livelihoods at pre-project level. Therefore, RAPs will ensure that adequate budget is allocated for livelihood restoration activities. In particular, the following livelihood measures can be considered: • Savings and micro-credit program for compensation management. This program should help people to cope with difficult periods and support development of investment opportunities to secure livelihood strategies instead of using money received as compensation for short-term needs; • The improvement of social services and legal support especially considered. The improvement of access and control by women over additional financial resources, that is, through compensation payments should be a further central objectives. 6.5. Development of RAP/ARAP RAP is required, if land will be acquired, and affected people are displaced from land or productive resources and the displacement results in relocation, the loss of shelter, the loss of assets or access to assets to economic activities; the loss of income sources or means of livelihood; or loss of access to locations that provide higher income or lower expenditure to business or persons. When a subproject is expected to cause physical and economic resettlement, RAP must be prepared. As part of the preparation of RAP, socioeconomic census and asset inventory will be conducted to determine the nature of resettlement or land take. An important aspect of preparing a RAP is to establish appropriate data to identify the persons/household/community and their assets who will be affected by the individual subproject, people eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits. In essence, the census will achieve the following: • Provide initial information on the scale of resettlement to be undertaken; 35 • Identify gaps in information and gives an indication of further socioeconomic research needed to quantify losses to be compensated and, if required, to design appropriate development interventions; and • Establishes indicators that can be measured at a later date during monitoring and evaluation. Where, relocation or loss of shelter occurs, following the socioeconomic survey and identification of affected parties, a RAP or ARAP will be developed as per Annex 3. The preparation of a RAP will be done with support of a consultant contracted by the PIU. It will be prepared in consultation with the affected parties, particularly in relation to methods of valuation, the cut-off-date for eligibility, disturbance to livelihoods and income-generating activities, compensation payments, potential assistance and timeframes. PAPs will serve in different committees that will be formed during the preparation and implementation of the RAP. 36 7 VALUATION OF VARIOUS CATEGORIES OF ASSETS AND RELOCATION ASSISTANCE 7.1 Valuation Principles Valuation of project affected land and assets shall consider the following: • Applicable current schedules for land values obtained from municipal councils, if available • Applicable current schedules for valuing structures, crops, and trees from the FCC, if available • Applicable current market prices • Loss of future income or value The calculation of unit value will be done keeping in consideration the current market rate so as to meet with the replacement cost of the land and lost assets etc. an experienced and registered independent local company shall; be employed to do the valuation of land, structures, buildings, trees, crops etc. the approach of the evaluator will consider the assessment of each type of land and assets by location. The valuation should be done when the census and DMS (Detailed Measurement Survey) are conducted by a competent surveying firm who prepares the map of affected plots with demarcation of cut-off areas. The valuator will engage experts for respective areas who will undertake site visits for physical verification of each category of the losses. The expert team will also consider the reference of previous valuation if available and use latest release of market survey. Based on this methodology the unit rate will be determined. The unit rates may base on the evaluation agency’s assessment with their standard methods for calculating the sample assets. 7.2 Methods of valuing assets The valuation of losses in physical assets will be carried out by assessing the market value of the assets, if known, and estimating the replacement cost. For this RPF, the valuator will adopt the replacement cost method at the date of valuation. Replacement cost is simply calculated as the cost of replacing the lost assets plus any transaction costs associated with bringing the asset to pre-displacement value (e.g. cost of construction materials, price of buying and selling land and transportation costs, labour). Replacement cost will differ depending on the type of asset. The valuation and computation of the affected property will be based on the following: • Land - valuation will be based upon market value • Crops and trees – valuation will be based upon prevailing market values • Structures – valuation will be based upon full replacement cost. Replacement cost will be based upon sizes of structures, materials used and their prices, transportation costs of delivery of these materials • Community assets/resource – these will be provided in kind, the alternative community asset will be at least of the same standard as or equivalent or better standard than the affected asset. Examples of community compensation are rehabilitation of school 37 buildings, public toilets, health facilities, creation of market places; and reconstruction of community roads. • Loss of business income – compensation will be paid for the lost income and production during the transition period (the time between losing the business and full re- establishment of livelihood). This will be estimated based on the daily or monthly income of the affected parties. • Inflation tendencies – the fact that normally the period between valuation and compensation of assets is long, inflation allowances shall be considered when computing compensation costs. • Sacred sites – in this policy, land acquisition for IRUMP must comply with World Bank Safeguards Policies on Natural Habitats (OP 4.04), Cultural Property (OP4. 11), and Projects in Disputed Areas (OP7.60), which does not permit the use of land that constitute the categories above. Consequently, there cannot be compensation for such lands as sacred sites, ritual sites, tombs, graves, cemeteries, disputed land etc. To avoid any possible conflicts between individuals and/or communities, the use of sacred/religious sites or any other site with cultural interests under this project is not permitted. For intangible losses that cannot easily be valued in monetary terms (i.e., access to employment opportunities, public services, social capital etc), the subprojects should attempt to establish access to equivalent resources and earning opportunities that are acceptable to the PAPs, and if this is not possible, should establish a fair compensation amounts that considers the value of the loss from the time it occurs until the PAP can reasonably be expected to have replaced the lost income, asset, or access (see also Annex 5: World Bank Method of Valuation Guidelines.) 7.3 Forms of compensation payments for various eligible PAPs The project may affect a variety of properties and assets which should all be screened as for their value and their eligibility for due compensation. To settle compensation payments for the loss of assets, in accordance with OP.4.12, compensation may be made in cash, in-kind and/or through assistance as agreed to between the expropriator and the PAP. The type of compensation will be an individual choice. Affected individuals and households may opt for any one and/or more of the following forms: 7.3.1 Cash payments Compensation calculated at replacement value and paid in Leones (using bank accounts of affected persons). Rates will be adjusted for inflation. Making compensation payment raises some issues regarding inflation, security and timing that must be considered. It is recommended that compensation be made through reputable local banks. This will ensure security of the PAPs money especially for those receiving large sums. Forms acknowledging receipt of the compensation packages shall be signed by each PAP. 38 7.3.2 In-kind compensation In-kind compensation is where the affected assets would be replaced with an asset of similar size, value, and quality. Compensation may include items such as land, houses/other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment. Cash compensation for full replacement value will be considered only if the affected land is less than 20% of the total land. As stated in OP 4.12, all in-kind compensation will be handed over to the PAPs in the presence of the local authorities and community representatives. 7.3.3 Resettlement and economic Resettlement assistance may include moving allowance, transportation and labour associated with resettlement as well as financial assistance for the people when access to land and income is unavailable. 7.3.4 Rehabilitation Assistance Economic rehabilitation assistance may include training, capacity building as well as provision of assistance to facilitate reestablishment of livelihood activities such as financial credits for equipment, provision of seedlings 39 8 ORGANIZATIONAL PROCEDURES TO DELIVER ENTITLEMENTS Table 4 below outlines the government agencies and institutions involved in involuntary resettlement activities for the project. MoTA is responsible for compliance with OP 4.12 and this RPF. The MoTA PIU will be required to liaise with the various agencies and, if necessary, prepare a formal agreement with the agencies to provide their services in a timely manner as per the project schedule and/or the implementation schedule provided in the RP documents. Table 4: Agencies and Institutions Involved in Implementation of Involuntary Resettlement Agency Involuntary Resettlement Function MoTA-Technical Responsible for the site/land acquisition necessary for the FIUT Working Group(TWG) project. Responsible for implementation, management, and obtaining and MoF for Land budget allocation from the GoSL for payment of land acquisition. Acquisition Review and approve RAP and associated budgets on behalf of the Government. MoTA Overall responsibility to ensure that the RAP is prepared and implemented in accordance with the RPF. It shall directly manage and supervise the project, including land acquisition and resettlement activities with the direction for the TWG for Land Acquisition. It shall ensure that funds for the timely implementation of the RAP are available and that expenses are properly accounted for. Project Implementation A PIU will be established to undertake the supervision of the FIUT Unit (PIU) project. It will be staffed by personnel recruited specifically for this project under the supervision of the MoTA/TIDU. The specific responsibilities of the PIU are, among others: 1. Ensure that bidding and contract documents include the ESMP and RAP, when necessary; 2. Submit monthly and semi-annual monitoring reports on ESMP and RP implementation to PM; 3. Ensure that Project implementation complies with WB's safeguard; 4. For project duration, commit and retain a Safeguard Specialist within PIU and Contractors to oversee ESMP/RAP implementation; 5. Check that environmental protection and mitigation measures in the ESMP/RAP are incorporated in the detailed designs; 6. Develop a grievance Redress Framework 7. Participate in the grievance redress processes, as described in the ESHIA, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance; 8. Report to WB and EPA on all aspects of environmental management and monitoring at six-month intervals, based on the results of ESMP/RP monitoring; 9. With support from in-house Safeguard Specialist, prepare semi- 40 annual monitoring reports for submission to PM, EPA and WB; and 10. Based on the results of ESMP/RAP monitoring, identify environmental corrective actions and prepare a corrective action plan. The World Bank The Project’s source of financing. Provides project appraisal ensuring that social safeguards are complied with during project implementation. Independent Property To be commissioned by the PIU to undertake appraisal of the affected Appraiser structures and to provide estimates of appropriate compensation values to PAPs based on the RPF. Project Consultant In coordination with the PIU, the Project Consultant will have the (Resettlement Expert/s) following functions: 1. Prepare the RAP; 2. Assist the PIU in identifying affected persons and assets; 3. Conduct necessary surveys to gather information on the PAPs and affected assets; 4. Assist the PIU and other relevant agencies in community; meetings and other related disclosure activities; and 5. Provide the PM with updated information on resettlement and related activities. FCC To provide assistance to the PIU during public consultation meetings and in identifying resettlement sites for PAPs, when necessary. Provides zonal valuation as basis for determination of just compensation. Courts 1. Issue Writ of Demolition to informal settlers (RA 8974 IRR Sec. 17); 2. Issue Writ of Possession of expropriated lands (RA 974); and 3. Determine “just compensation” to land/property owners (RA 10752 IRR Sec 14). MLHE Provides development permits and regulates private housing developers which includes resettlement areas Banks 1. Depository of initial payments of just compensation; 2. Undertakes appraisal of affected properties at the request of MoTA; and 3. Accredits private sector appraisers that government agencies can tap to value affected properties. 41 9 COMMUNITY CONSULTATION, PARTICIPATION AND DISCLOSURE 9.1 Introduction Public participation and consultation are the basic principles in arranging for proper resettlement and compensation mechanisms in all forthcoming subprojects. Public consultation includes comprehensive and timely dissemination of information to the project-affected people, while involving at the same time stakeholders that will implement and monitor the process. Due diligence will be taken to maintain transparency of the project, reduce potential conflict, minimise the risk of project delays, and enable the Project to design the resettlement and the rehabilitation program as a comprehensive development program to suit the needs and priorities of the Affected Persons. Public consultation shall be an ongoing activity that takes place throughout the project cycle. The involvement of PAPs, Project beneficiaries, community leaders and relevant institutions whose mandate relate to land acquisition, resettlement and compensation, in all project activities will make provision for a greater understanding of the project and give PAPs the opportunities to voice out their concerns about the project. It will further ensure that their concerns are incorporated into project decision making process. 9.2 Stakeholder analysis This section first presents a brief review of the roles of the major stakeholders concerned with the Stakeholder engagement Plan by identifying the roles and responsibilities of each category of stakeholders and the barriers envisaged in project implementation (Table 5). Table 5: Stakeholder Analysis for the Integrated and Resilient Urban Mobility Project Stakeholder Roles and Relevant Barriers to Plan Responsibility Bodies/Institutions Implementation MoTA (TIDU) Overall responsibility TIDU/MoTA -Low level of capacity; the Transport project; -Overlapping Overseas responsibility with other SLRA/SLRTC project agencies. activities; -Lack of Finalised Coordinate project Transport Policy. design, planning and implementation; Project Affected -Public consultation ; Youth groups; -Low level of education; Persons - Elect project Petty Traders, -Low level of skills; implementation M&E Women’s -Gender exclusiveness in membership at local organizations, decision making; level; Traders Union, -Entrenched cultural . operators union, values hindering union of cottage development. industries, etc. Local Community -Provide project Tribal Heads; -Domineering tendencies elders details to TIDU; Local council over other community 42 -Choose/select representatives; members; project/facility sites; -Personal gains over -Participate in community gains; meetings; - -Overriding roles in -Coordinate identifying project sites construction at local level; activities; -Poor participation in M&E of projects. Government -Provide technical EPA -Low level participation Institutions (MDAs) assistance for in post-project M&E; planning, design & -Low participation in implementation. attending community -Permitting, approvals meetings; and monitoring related to the Project. Ministry of Finance Financial Projects Financial Low Capacity in (MoF). Management; and Management planning, regulation and Procurement; Unit (PFMU) provision of services. Monitoring & Evaluation. Transport Protect and improve Drivers Union; -Unclear lines of Unions/Associations; working conditions Bike Riders responsibilities; for members; Association (BRU) -Low level of Control informal collaboration with other transport services. stakeholders. Freetown City -Conduct needs Mayor of -Inadequate trust in other Council assessment in Freetown; development partners; collaboration with Councilors. -Weak institutional Councilors; structures; -Act as a watchdog -Slow pace in devolution for project planning process; and implementation; - -Low level coordination Coordinate projects among development implemented in partners; communities; -Overlapping -Participate in all responsibilities with meetings. other agencies. -Control of street trading; Urban road maintenance. 43 9.3 Mechanism of Consultation and participation of PAPs This framework recommends a set of public consultation activities and information dissemination to affected people. Public consultation will include both local governments and civil society where the APs would be regularly provided with information on the project and the resettlement process prior to and during the preparation for resettlement actions. The mechanism for consultation and participation for the project component will include: • Public meetings in the project area where representatives of all interested stakeholders should be invited and where they could present their comments and suggestions to RPF. These meetings shall take place in areas and during times that are suitable for women to participate • Focus group discussions • Interviews/surveys in projected affected households (census survey) • Formation of committees and/or groups including stakeholders at various stages of the project. • Individual and group consultations (such as women, men, elders, people with disabilities, community leaders) • Development of grievance redress mechanism in the project areas At early stage of initiating the resettlement process a Community Consultative Forum (CCF) will be formed at the affected community level to ensure PAPs participation in the decision making process of the RAP implementation. The CCF will play a key role in all public consultation activities. During the process of preparing RAP, discussions will be held with the directly affected families, institutions and the representatives of the directly affected community. PAP as well as other stakeholders will be requested to participate in meetings of the RAP processes and express their concerns about various aspects of the project. Individual and group consultations would continue to be carried out as part of the ESIA, ESMF and RAP preparation to understand the needs and concerns of PAPs with regard to various issues such as project impacts, compensation, assistance and resettlement options. The documentation of these consultations shall be appended to the RAP. In the event of public announcements being made, the details / notices of such announcements including a copy of the text of such announcements shall also be included in the documents. PAPs’ participation will be required in the final assessment of compensation, resettlement and monitoring. Details of these consultations including dates, names of participants, issues raised and how these have been addressed will be documented in the subproject RAPs. 9.4 Stakeholder consultation and participation during the RPF Preparation As part of the requirements in preparing this RPF report, the consultant conducted different participatory methodologies, involving individual interviews in each of the project sites, one-to- one discussions with Key Informants (KIs), focus group discussions, and public meetings with stakeholders between December 9, 2018 to January 18, 2019 across the three project locations 44 (Lumley, Congo Cross and Kissi Ferry Terminal) and government offices. Overall a total of 92 persons were consulted. The consultation aimed at exploring and soliciting feedback on key elements of the RPF. Meeting and group gathering with stakeholders were scheduled as summarized in the table below: Table 6: Summary of stakeholder engagement and consultation meetings schedule Place Methods Type of No Purpose of meeting participants Freetown Individual Government 5 To inform them about the project meetings officials (MoTA, objectives, components, and seek and public MLHE, MWPA, their opinions about the meetings MSWGCA etc) interventions and understand how they see their respective institutions participation in the project implementation Freetown Informed Mayor of Freetown, 6 To inform them about the project consultation Environmental and objectives, components, and seek and Social Officer, their opinions about the participation Engineer, interventions and understand how Development they see their respective Planning Officer and institutions participation in the Staff project implementation Project site: Public Market women’s 76 To inform them of the project Lumley, meetings group objectives, components, consult Congo One-to-one Hawkers on their opinions of the project, Cross, Kissi discussions Drivers Union likely adverse impacts, benefits, Ferry with Key (executive) understand what their Terminal Informants, Bike riders union expectations were, mitigation Focus (executive) measures towards adverse Group Business and impacts of the project, issues they Discussions structure owners would like the project to address Youth and women’s and how they see themselves groups involved in the project Petty traders implementation Community leaders/elders Taxi’s, Kekeh and okada riders Freetown One-to- Environmental 5 To inform them about the project individual Protection Agency, objectives, components, and seek Research Institutions their opinions about the 45 interviews and the Sierra Leone interventions and understand how Police, SLRA, they see their respective SLRTC, institutions participation in the project implementation 9.5 Issues raised and discussed during the consultation meetings Consultation participants appreciated the invitation to discuss the project during the early stages of the project formulation process, where comments forwarded have a possibility to be included and influence the design of the project and its implementation. The consultation aimed at exploring and soliciting feedback on key elements of the RPF. During each of the stakeholder engagement consultation process, the consultant presented the overall project objectives, components of proposed project interventions and area of influence, potential impacts and mitigation measures. The attendees were asked to discuss, raise their concerns on the proposed project particularly focusing on: legal framework, methods of asset valuation, land acquisition and compensation, displacement, grievance redress mechanisms, community participation, and broader context of implementation arrangements and Monitoring and evaluation, in addition to other general features of the IRUMP. Community members reflected their concerns and provided constructive comments on the proposed project and how they themselves involved in the project’s implementation and suggestions based on their experiences. Table 7 below summarizes the issues raised and responses provided during the stakeholder engagement and consultation process, while the more detailed minutes of meetings and list of attendees at each of the respective communities are listed in Annex 5. Photographic documentation of the consultation sessions is provided in Annex 6 Table 7: Summary of Issues and Responses presented at consultation meetings: Issues and concerns Responses to address concerns and issues Participants are very happy with this Continuous supervision throughout the project cycle project, but would want all project that will be regularly monitored by the world bank. activities to be conducted properly, well-managed and well-studied. Undocumented households The World Bank safeguards policy will be applied (squatters) and a Significant number • Compensation for all affected communities of business rented regardless of their land holding is effected; • Compensation is provided for loss of assets other than land. • Displaced persons should be assisted in their efforts to improve or restore their livelihoods (capacity building opportunities) 46 Rights for compensation The project will further explain land acquisition laws and OP 4.12 to the PAPs during the implementation and strengthen awareness creation schemes during the implementation of the Resettlement Action Plans. For every World Bank Project such as this RPF, all necessary procedures will be undertaken by IRUMP PIU to ensure that the affected landowner’s full compensation rights are reserved prior to project execution although having said that, it is important to note that this project will try to avoid expropriations to the extent possible. Institutionalized grievance redress It is possible to voice any complaints the community mechanisms or locals may have through the Grievance Redress Mechanism (community-based compensation and grievance committee) of the World Bank and these will be reviewed by the concerned parties and action will be taken accordingly. Active community participation in It is possible to keep up with the progress of the project execution in order to facilitate project through the available social media that will be and expedite the progress of the created for communication of the project components project as smoothly as possible and their geographical locations as necessary. In addition, continuous supervision throughout the project cycle that will be regularly monitored by the World Bank. Consultants under the supervision of the World Bank, will take into consideration concerns and points of views raised by all concerned stakeholders. The World Bank has special policies that require the involvement of all stakeholders and their comments and suggestions will all be documented, reviewed and considered during project design and implementation. Involvement of women in project Of course involvement and empowerment of women implementation is very important for the World Bank and is highly encouraged for this and other projects. 47 9.6 Public Information Booklet To ensure that PAPs, their representatives, and local government agencies in subproject areas fully understand the details of the RAP process, and are also informed about the compensation and rehabilitation packages applicable to the project, a Public Information Booklet (PIB) will be prepared by the consultant, This PIB will be distributed to all PAPs and communities in the subproject area. The PIB will be translated into local languages, if possible. The general contents of the PIB will include the following: • A brief description of the project, implementation schedule; • Project impacts, entitlements and rights of PAPs; • Resettlement and rehabilitation policies for all types of impacts; • Institutions responsible for resettlement and time-frame (schedule); • Information dissemination to and consultations with PAPs and stakeholders; • What to do if PAPs have a question or a problem; • Outline of the grievance redress procedures; and • Requirements for monitoring and evaluation, including independent monitoring 9.7 Disclosure plan for the RPF According to OP 4.12. “The borrower informs PAPs at an early stage about the land acquisition and resettlement aspects of the Project and takes their views into account in project design.” The MoTA will disclose this Resettlement Policy Framework and all RAPs to be prepared under the FIUT project operations pursuant to this RPF. These instruments will be disclosed through the World Bank InfoShop and the MoTA website when established in English Language and will be posted in an accessible and prominent place accessible to project affected persons. In addition, the communities in the project area of influence have to be informed about the subprojects of the FIUT projects. According to OP 4.12 and GoSL laws, the RAP shall be prepared through a process of public consultation with all interested parties. As soon as the decision to undertake the land survey is taken, the process of public information and the involvement of PAPs are expected to start. Within the early steps of RAP preparation a public consultation plan has to be prepared for further implementation. The RAPs or Abbreviated RAPs must be approved by the Bank prior to disclosure and the implementation of the resettlement activities. Overall, the following shall be ensured: • PAPs opinions, concerns and suggestions for mitigation related to the project have to be taken into account; • Community leaders have a crucial role in the Project. They have to be informed about all relevant steps of the Project, accompany the designer and should be members of the respective resettlement/ grievance redress committees; 48 • Final design will have to be discussed in every affected community during design process; • The public awareness and information activities should be carried out together with the final design and followed by detailed census and inventory of affected property/ inventory of losses; • PAPs have to be informed about cut-off-date, in order to know that new constructions/improvements in the project impact corridor will not be eligible for compensation; • PAPs have to receive a printed information leaflet of their rights for compensation and resettlement provisions, entitlements, options for cash or land/structure compensations and grievance procedure including appropriate contacts of responsible officials; • Vulnerable PAPs are entitled to special assistance and support Copies of the RAP will be made available to PAPs and other stakeholders in appropriate, accessible locations, especially in the project area. The local authorities of affected communities shall be consulted during design and implementation of the Project. Information includes available documents and maps, as well as information brochures. Documents shall be disclosed in advance to allow time for interested and affected parties to submit their comments and concerns about the RAP. Information disseminated to the project affected persons will include: (i) compensation rates for all categories of affected assets; (ii) eligibility criteria for all other forms of assistance that may be provided; and (iii) grievance procedures. The resettlement and environmental consultation and disclosure requirements will also be harmonized and streamlined as appropriate. 49 10 ESTABLISHMENT OF GRIEVANCE REDRESS MECHANISMS During the implementation of the project activities it is likely that disputes/disagreements between the project implementers and the affected persons will occur especially in terms of the use of land/properties, compensation values, and delay in reimbursement of compensation packages. For each subproject a grievance redress framework shall be developed clearly outlining mechanism for grievance redress arising as a result of the project and sub projects. This will be availed to allow project-affected persons to appeal any disagreeable decisions, submit complaints about decisions, actions, practices and activities related to compensation for land and other assets, and technical and general project-related disputes. The affected persons will be made fully aware of their rights and the complaint procedures for doing so verbally and in writing during consultation, survey and issue of compensation. But, in order to prevent delays due to long and formal procedures related to submission of complaints and compensation of damage, we shall try initially to avoid these complaints. This will be achieved by full openness in development and implementation of the RAP (as needed) and by involvement of project-affected persons in these processes. An official Grievance Redress Committee is usually established in cases of resettlement. In the absence of a specific legislative requirement for establishing an independent grievance mechanism, a project specific grievance mechanism should be established which should be appropriate and transparent to promptly and effectively receive and address specific concerns about compensation and relocation that are raised by PAPs for the whole period of project implementation. The GRM will ensure to have confidential and safe procedures for GBV reports and it will consider a survivor center approach. The PAPs shall receive complete information related to their rights and complaint procedures for the purpose of enabling them to submit their complaints, orally or in writing, during the period of consultations, interviewing and issue of compensation. However, MoTA should try to avoid these complaints. This will be achieved through the implementation of the RAP and total involvement of PAPs in the process. There is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, and project conditions and scale. In its simplest form, a grievance mechanism that will be used in case PAPs can be broken down into the following primary components: 1. A simple template will be available at the premises of affected communities. A Grievance Resolution Form (See Annex 4) will have a Grievance log that will be kept by the project implementers indicating the date the complaint was lodged, actions to be taken and personnel or team responsible for the complaint; 2. A local community liaison person or vulnerable group liaison will be appointed and he/she will keep constant contact with the PAPs. They could address their grievances directly to the liaison person; 3. The TIDU assigned officers for each sub-project will monitor and document the progress of all complaints through weekly reporting and subsequently TIDU presents monthly grievances address reports by PAPs to the Steering Committee. 4. Learn from the experience and communicate back to all parties involved. 50 In order to mitigate the possible disputes and conflicts during the RAP implementation process a Grievance Redress Committee (GRC) will be established by TIDU for specific sectors consistent with the overall project Grievance Redress Mechanism currently under review. If considered necessary, the GRCs will be established at the community level with 7 members comprising of: • Social safeguard officers – contact person • Local authorities (FCC) • Representative of affected persons • Representative of civil works contractor • Consultants This will ensure that subproject implementers are able to provide sufficient and timely information to communities; conduct meaningful community consultations involving all stakeholders and build the capacity of project staff, particularly in community facilitations and other field-related issues. 51 11 COSTS AND BUDGET WB OP 4.12 states, that “the full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettles (as compared to the "without-project" circumstances) are added to the benefits stream of the project. Resettlement components or free- standing resettlement projects need not be economically viable on their own, but they should be cost-effective” (para. 20 of OP. 4.12). All RAP implementation costs, including cost of compensation and administration will be included in the overall Project budget. This arrangement has been one of the main sources of delays in payment of prompt compensation as GoSL seldom has funds readily available on demand to effect these payments. With the introduction of Public-Private Partnership arrangements, the continuation of the status quo could jeopardize the attractiveness of contracts and could lead to the failure of the concept. To address this, GoSL will set-up special account for all subprojects and the funds allocated for resettlement activities lodged in the escrow account for timely access when required. In addition the costs will include activities relating to preparation and implementation of each individual RAP, capacity building and technical assistance required to ensure that implementation of each RAP are fully able to do so. It should be noted that, it is not possible at this stage to estimate the exact number of people who may be affected since the activities to be implemented will be determined on a yearly basis, before each fiscal year, and hence the technical designs and details have not yet been developed. It is therefore not possible to provide an exact budget for the total cost of resettlement that may be associated with implementation of the project. Therefore, activities for resettlement plan will be funded like any other project. Funding will be processed and effected through the project’s financial processing arrangements Table 8 below costing areas. Table 8: Cost of RPF implementation Item Description Le. (m) Amount Sources of (USD) funding 1 Implementing agency safeguards capacity 255 30,000 Project funds development 2 Training for various relevant stakeholder groups 255 30,000 Project funds on resettlements/compensation issues 3 Preparation of RAP/ARAP 765 90,000 Project funds 4 Implementation support: logistic support for the 4250 500,000 Project funds Ministry and/or PIUs (computers, office equipment, operating cost, audits, M&E and communication support) 5 Sensitization and grievance Management 255 30,000 Project funds Contingency (10%) 578 68,000 Project funds Total 6,358 748,000 52 12 INSTITUTIONAL RESPONSIBILITY AND IMPLEMENTATION ARRANGEMENTS FOR RAP 12.1 Institutional roles and responsibilities The MoTA shall be totally responsible for the project implementation, which includes among other tasks preparation, implementation, funding and coordination of resettlement tasks. The project’s implementing agency will be the Transport Infrastructure Development Unit (TIDU) of the MoTA. There is also recognition that effective project delivery would require collaboration across multiple departments and agencies, including Freetown City Council (FCC), SLRA, SLRSA, and Sierra Leone Police traffic division. TIDU shall assist the project-affected persons in protecting their rights and preparation of the documents required for the registration of the land to be acquired, agreement on land use and agreement on easement. Compensation/rehabilitation activities shall be implemented prior to the beginning of construction work. Once the RPF has been adopted; all the stakeholders involved in the Project will be obliged to implement the requirements of this document. Responsibilities will be mainly shared between MoTA, MoF, Freetown City Council (FCC), SLRA, SLRSA, Sierra Leone Police traffic division and the contractor according to the figure 1. Social safeguards specialist and other collaborating agencies will play a key role while incorporating proper social safeguard measures in all projects designs related to road corridor improvement and ferry terminal rehabilitation. The safeguard specialist in the MoTA will be responsible for supervision and coordination of all activities related to resettlement implementation for all the sub-projects. In this context, the responsibilities will include: • Provide guidance and assistance to the project-engaged NGOs/CBOs in the implementation of public information dissemination, consultation and participation process among various stakeholders; • Review and propose necessary RAP budget • Monitor RAP implementation and progress • Supervise the compensation payment process • Assist in redressing grievances concerning RAP activities • Coordinate with concerned government agencies and other ministries; and • Consolidate all RAPs submitted by consultant and submit them to the funding donor(s) for review. 53 Figure 1: RAP Implementation arrangements and relationship among stakeholders Ministry of Government World Bank Transport and Aviation • Consultants Ministry of TIDU/PMU (Director, • Contractors Finance • Designers Social safeguard • RAP preparation and specialist) implementation consultants/ FCC; SLRA contractors • Supervisor Independent Asset Valuator Court PAPs Figure 1 above illustrates arrangements and relationship among stakeholders. The specific roles and responsibilities of each agency participating in the given project are detailed below: 12.1.1 Ministry of Transport and Aviation (MoTA) MoTA has overall responsibility for the FIUT project. This includes preparation, implementation and financing of all land acquisition and resettlement tasks and cross-agency coordination. They will exercise their functions through the social safeguard officer who will be responsible for the general management of the planning and implementation of all the land acquisition and resettlement tasks which includes: • Screening the projects and ensuring that the RAP is properly prepared and sent to WB for review; • Supervising the consultants that prepare the RAP and assist in implementation; • Established needed capacity at each locations; • Ensuring proper internal monitoring; and • Hiring, following WB recommendation, the external monitoring agency. The MoTA will also provide all needed documentation to ensure the prompt allocation of budgets to the APs and assist in implementation of land acquisition and resettlement tasks related to the FCC. 12.1.2 Ministry of Finance All funds for cash compensation and allowances during RAP implementation will be provided by the Government of Sierra Leone through the Ministry of Finance (MoF). MOTA will get the budget approval from the MoF for cash compensation for land acquisition and resettlement and allocate in advance the funds for implementation of RAP. All other implementation-related costs 54 including for grievance management, public disclosures, monitoring and evaluation etc. will be borne by the project funds. 12.1.3 World Bank Where applicable, besides regular supervision of the project activities, the WB also reviews RAP and clear contract awards for civil works. 12.1.4 Courts In case of expropriation, MTA will rely on the court, which based on due legal process will have to review the expropriation cases, carry out a hearing and decide whether the land can be expropriated and at what price, in order to expedite the expropriation process MoTA will negotiate with the courts a fast-tracked action plan 12.1.5 Freetown City Council The FCC has direct jurisdiction for land administration, valuation, verification and acquisition. To conform the surveys and the asset valuations carried out by the FIUT consultants will be established in the location where RAP is to be implemented. 12.1.6 Environment Protection Agency Environmental Protection Agency is a statutory agency for the protection of the environment and for other related matters. With reference to the road project, the EPA has the overall responsibility of approving and monitoring the project’s compliance in line the Approval Conditions as well as other standards relating to environment. It is further empowered to identify projects, plans and policies for which environmental assessment are necessary and ensure that the same is done in line with the provisions of EIA regulations. Its responsibilities include managing the EIA process, making decisions and ensuring that management occurs in accordance with the decision. As such, EPA approves the terms of reference for project assessments, reviews reports including the project brief, EIA and follow-up, monitoring reports. The Agency also helps the project proponent to establish a public consultation process. 12.1.7 Sierra Leone Roads Authority Sierra Leone Roads Authority is a semi- autonomous government entity responsible for the administrative control, planning, development and maintenance of all national road network and related structures including bridges, street furniture, and government-owned ferries. It is also responsible for traffic management, including provision of traffic signals, road signs and markings; road layout and junction design, as well as the condition of the roads but in practice has limited internal capability in this area. With regard to the environmental and social aspects of this road project, SLRA’s Environmental Division will take the responsibility of monitoring compliance during implementation and operational stages of the road project. 12.1.8 Consultants Different types of consultants will be involved in FIUT tasks: 55 RAP consultants These include survey teams to carry out field-surveys and prepare the RAP. Design consultants These individuals or team will carry out the same activities for updating/finalizing the RAP of first tranche based on the detailed engineering design and will also prepare RAP. Supervision consultants These will assist in the overall Project supervision. Social Safeguards Consultant (SSC) This consultant will be hired to conduct the external monitoring and evaluation of the RAP implementation. In the absence of a supervision consultant, the SSC will continue to carry out the external monitoring and evaluation for all the RAP. Independent Asset valuators These will be accredited private firm or design consultants to be hired by the MoTA to carry out the evaluation of affected assets. 56 13 IMPLEMENTATION SCHEDULE 13.1 Time schedule for the implementation of the RAPs The Government of Sierra Leone will ensure that funds are delivered to organisations/institutions/NGOs implementing for timely preparation and implementation of the RAP, as applicable. Civil works contract will not be awarded unless required compensation payment has been completed. However, a social preparation initiative including income rehabilitation measures may continue and be completed even after civil works has begun. An indicative schedule for implementing the RAP is shown in the following table 9 assuming a sequential order of proposed activities. Some of these steps will overlaps in their timing of implementation and will be repeated throughout the project cycle. 13.2 Linking resettlement implementation to civil works The strong linkage between resettlement implementation and civil works initiation has already been established. For each sub-project, the resettlement schedules will be coordinated with construction schedules. Before any project civil works activity is implemented, PAPs will have to be compensated in accordance with national laws and World Bank resettlement laws, regulations and guidelines as set in the RPF. In other words, no individual or affected household should be displaced due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual affected. The land acquisition (for both construction and relocation) and demolition of houses should be completed within the preparatory stage of the engineering construction and before the beginning of the relevant engineering works. The schedule is expected to ensure that all PAPs, prior to their physical relocation will: • Have been adequately consulted about the project, its impacts and compensation entitlements; • Have received compensation entitlements in an adequate and timely manner; • Have been provided with means to establishing livelihoods. Measures included in the respective resettlement plans to address problems resulting from project activities that require relocation or will result in loss of shelter are required to be implemented accordingly. The implementation schedule of each resettlement plan must include resettlement and compensation details which must include the following: • Target dates for start and completion of civil works • Timetables for transfers of completed civil works to PAPs, • Dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and • The link between RAP activities to the implementation of the overall sub-project. Table 9 below shows the Implementation schedule. 57 Table 9: Implementation Schedule for RPF Task Objectives Responsibility Indicators Time Frame Information disclosure and Ensure that there is a TIDU Issues discussed and number of PAPs Ongoing consultation of affected PAPs continued consultation consulted of PAPs on compensation process Identification of households Make sure that all TIDU, Census and inventory of property owners’ 3 months and persons to be displaced eligible persons are assets physically or economically; identified and included confirmation of the identity in the RAP of all property owners Identification and assistance Ensure the type of TIDU/Representati Number of persons who fulfill WB’s 3 months to vulnerable persons support for vulnerable ves of local criteria groups; authorities , Negotiations activities prior To value the property TIDU/Valuator project is declared as being of public 3 months to construction both at market value interest and MoTA issues an official commencement and normative value decision in this respect Securing the necessary funds Give necessary Ministry of compensation and livelihood restoration Ongoing for land acquisition budgetary sanction and Finance/WB assistance provided equally to affected requisition/directions to persons MoTA for implementation Implementation of works Supervision of works SLRA monitoring and evaluation of On going and Contract Management. and quality assurance. implementation of Resettlement Plans as per RPF assured Review and comment on TIDU MoFED/FCC/SLR Due Diligent report reviewed and approved 3months Social Screening reports and A by WB prepare quarterly report Training and Capacity Assess training and TIDU/Consultant Capacity building needs addressed 2 months building needs other capacity building needs for effective 58 Task Objectives Responsibility Indicators Time Frame RFP implementation Review and comment on Review and comment WB Requirements of the RFP ensured and RPF One RPF Report on Implementation of delivered month Resettlement Plans to ensure compliance with agreed Resettlement framework Establish coordination with Coordinates all MoTA(TIDU) Number of payments made within the On going relevant stakeholders resettlement activities deadline under this RPF and individual RAPs, Disclosure and Consultation Discloses RPF and all TIDU Number of PAPs consulted Type of issues On going other documents, holds discussed with PAPs public consultations in all project phases, engages relevant stakeholders, Monitoring and Evaluation Monitors and evaluates TIDU/Steering Indicator monitoring level and submission On going process of resettlement, Committee of monitoring reports reports to appropriate stakeholders on all issues under this RPF; Monitoring and reporting after commencement of works Compensation payment Prepare all relevant TIDU/MLHE/FCC Cash compensation at replacement costs; 2 months documents and submit Payment for relocation costs and for compensation compensation for other costs during 59 Task Objectives Responsibility Indicators Time Frame payments relocation. Finalization, negotiation and Finalize and sign TIDU Number of agreements signed One approval of amounts and agreements with each month payment options PAP; Hold working sessions between the Steering Committee and affected persons to agree on compensation amounts and payment dates and methods Grievances Set up institutional TIDU Number of complaints received and On going framework for number of complaints settled addressing grievances; Ensure that the Grievance Settlement Committee is established as soon as possible to participate in RAP finalization and the negotiation of amounts The sequencing of the activities which will be developed into a Gantt chart during the actual implementation of the project. Table 9 merely highlights the overall framework for implementation of RPF throughout the project cycle. A detailed breakdown and sequencing of the activities (using Gantt Chart) should be done to reflect the full duration of the project and synchronized with the implementation schedule of RPF. The following Gant Chart is to demonstrate the sequencing of RPF tasks outlined in Table 9 above. 60 Gantt Chart for the Implementation of RPF Task Jan Feb Mar Apr. May Jun Jul Aug Sept Oct Nov Dec. Information disclosure and consultation of affected PAPs Identification of households and persons to be displaced physically or economically; Confirmation of the identity of all property owners Identification and assistance to vulnerable persons Negotiations activities prior to construction commencement Securing the necessary funds for land acquisition Implementation of works and Contract Management. Review and comment on Social Screening reports and prepare quarterly report Training and Capacity building needs Review and comment on RPF Report Establish coordination with relevant stakeholders Disclosure and Consultation Monitoring and Evaluation Compensation payment Finalization, negotiation and approval of amounts and payment options Grievances 61 62 14 MONITORING ARRANGEMENTS 14.1 Introduction Monitoring and evaluation will be a continuous process that will provide the World Bank, MoTA, MoF and other relevant stakeholders with feedback on RAP implementation. The RAP team will develop a Monitoring and Evaluation Plan (MEP). The main indicators that the MEP will measure include: (i) impacts of affected individuals, households and communities to be maintained at their pre-project standard of living, and better; (ii) It will also identify problems and successes as early as possible to allow timely adjustment of implementation arrangements; (iii) improvement of communities affected by the project. In order to measure these impacts, the RAP will identify the specific indicators to be monitored; define how they will be measured on a regular basis; and identify key monitoring milestones The implementation of RPF will mean the development of appropriate safeguards instruments (resettlement action plan or other due diligence reports). In any of the above cases, the following aspects should be considered for monitoring and evaluation: • physical progress of resettlement and rehabilitation activities; • number of informed and consulted PAPs about the entitlements ; • the effectiveness of public consultation and participation activities, • the disbursement of compensation, • number of agreements signed with PAPs ; and • number of complaints; TIDU will maintain a database of the individuals/households/businesses whose properties have been affected by the Project, compensation and resettlement measures that have been implemented. It will be responsible for regularly updating the database making sure that all information on individuals/families, their holdings and their compensation payments are kept confidential. The MoTA will also involve independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of monthly, quarterly or half yearly (as circumstances dictate) during the program life. 14.2 Monitoring of RPF Implementation The MoTA will compile basic information on all physical or economic displacement arising from the project. They will compile the following statistics: • Number of subprojects requiring preparation of a RAP; • Number of households and individuals physically or economically displaced by each sub-project; • Number of people reached or accessing information, information request, issues raised etc. • Length of time from sub-project identification to payment of compensation to PAPs; • Timing of compensation in relation to commencement of physical works; • Amount of compensation paid to each PAP household (if in cash), or • Nature of compensation (if in kind) • Number of PAPs affected (building, land, trees, crops etc) • Number of local CBOs participating • Number of replacement asset recovered • Level of income and standard of living of the PAPs 63 • Number of income restored, improved or declined from the pre-displacement levels • Changes in PAPs income and livelihood conditions • Quality of grievances or disputes resolved (qualitative) • Number of people raising grievances in relation to each sub-project; • Number of cases settled by GRC • Number of cases pending with GRC • Average time taken for resettlement of cases • Number of GRC meetings • Number of PAPs moved court • Number of pending cases with the court • Number of cases settled by the court • Affected number of individuals and/or households compensated or resettled in the first year who have maintain their previous standard of living at final evaluation. This process will produce quarterly progress reports on the progress achieved with the implementation of the RPF/RAP and submit them to WB. It will document all meetings and consultations with minutes and will submit these to the WB together with progress reports. Cost of monitoring will be taken care of by individual implementing agencies or stakeholders as part of project operating expenses. A final report will be developed and submitted to EIB when all land acquisition has been completed and all impacts successfully mitigated. Internal monitoring of the resettlement/rehabilitation operations will also be undertaken by SLRA, EPA, FCC and MoF following the schedules in the RAPs. The WB as part of their supervision will also review the implementation progress and advice on implementation issues. 14.3 Methods for measuring impacts The following methods will be used for measuring impacts: 1. Questionnaires with data stored in a database for comparative analysis (before-after and with-without); 2. Documentation and recording of PAPs situation, including subsequent uses of assets/improvements; 3. Relocation/resettlement and Compensation Reports 4. Consultations The PIU will review these statistics to determine whether RAP implementation arrangements, as defined in this RPF, are effective in addressing RAP related issues. Financial records will be maintained by the sub-projects and the PIU, to determine the final cost of RAP implementation. The indicators listed above can be used to monitor implementation of the RAP 14.3.1 Audit The audit of resettlement implementation, and as applicable RAP implementation in subproject(s), includes: (i) a summary of RAP performance of each subproject; (ii) a compliance review for RAP implementation process; and (iii) a progress report on the quality of RAP implementation in terms of application of guidelines as provided in this RPF. 64 The audit will verify results of monitoring of RAP implementation indicators, and assess whether the project achieved the resettlement objectives. A specific measure of whether livelihood and living standards have been restored or enhanced will be completed. The audit will also assess the efficiency, effectiveness, impact and sustainability of RAP sub-projects or other projects in the sector. Finally, the audit will ascertain whether the resettlement entitlements were appropriate as defined in the RPF guidelines. If the implementation of FIUT project is eventually funded by the World Bank. To be effective, the completion audit will take place after all RAP activities have been completed including development initiatives, but before the completion of financial commitments to the programme. This will allow for flexibility to undertake any corrective action that the auditors may recommend before the project is completed. 14.4 Storage of PAPs Details MTA/TIDU as executing ministry will be the custodian of all documents related Project and the Project Affected Households or Persons. 14.5 Updating If during project implementation or in case of changes in project design or alignment, additional adverse social impacts are identified and/or additional affected households are found, they are entitled to receive project entitlements as provided for in this RPF and associated legal instruments. Updating of RAP information and costs should be undertaken if the implementation will be delayed by twelve months, there is a significant scope change to the project and/or there is material evidence of inflation significant enough to influence the increase of the resettlement budget. In the case that are variations made to the land acquisition and resettlement related legislation of the GoSL or of the World Bank, a review of, and amendments to the RAP may also be triggered. 65 15 REFERENCES Aide Memoire, Mission for Freetown Infrastructure Urban Transport Project (P164353). Sierra Leone, February 2018. African Development Bank (2011), “Infrastructure and Growth in Sierra Leone”, available at: https://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and- Operations/Infrastructure%20and%20Growth%20in%20Sierra%20Leone.pdf (Last accessed 21/05/2018) Carnea, Michael, 1988. Involuntary Resettlement in Development Projects, the World Bank, Washington DC Doherty, J. (1985) 'Housing and development in Freetown, Sierra Leone', Cities, 2, (2), pp. 149-164. Freetown City Council (2015), Freetown City Development Plan 2016-2018, Freetown. Government of Sierra Leone 2001. Town and Country Planning (Amendment) Act 2001: Being an Act to amend the Town and Country Planning Act (2001), Sierra Leone: Ministry of Lands, Country Planning and the Environment. Government of Sierra Leone 2008. Environment Protection Agency Act, 2008 (amended 2010); Act: Supplement to the Sierra Leone Gazaette Vol. CXXXIX No. 44, dated 11th September 2008. Government of Sierra Leone, 2015. National Report for the Habitat III, Ministry of Lands, Country Planning and The Environment in Collaboration with the United Nations Conference on Housing and Sustainable Urban Development, December 2015, Sierra Leone. Sierra Leone Constitution 1991 Sierra Leone Government (2013), The Agenda for Prosperity: Sierra Leone’s Third Generation Poverty Reduction Strategy Paper (2013 – 2018). Freetown: Government of Sierra Leone. SLIHS (2011). Sierra Leone Integrated Household Survey.Final Statistical Report. Statistics Sierra Leone. Statistics Sierra Leone (2016), Sierra Leone 2015 Population and Housing Census. Final Report, Freetown, Sierra Leone: Statistics Sierra Leone https://www.statistics.sl/wp- content/uploads/2016/06/2015-Census-Provisional-Result.pdf (Last accessed 14/05/2017). Statistics Sierra Leone (SSL) and ICF International (2014), Sierra Leone Demographic and Health Survey 2013. Freetown, Sierra Leone and Rockville, MD: SSL and ICF International. The Government of Sierra Leone (n.d). The agenda for prosperity road to middle income status. Sierra Leone’s Third Generation Poverty Reduction Strategy Paper (2013 – 2018). The Government of Sierra Leone, 2015. National Land Policy of Sierra Leone The International Bank for Reconstruction and Development/The World Bank: Involuntary Resettlement Sourcebook. Planning and Implementation in Development Projects, 2004. 66 World Bank (2013), Poverty Profile of Sierra Leone’. http://www.sierraexpressmedia.com/wp-content/uploads/2013/07/Poverty-Profile-Sierra- Leone.pdf (Last accessed 23/05/2018). World Bank (2018). Freetown Sustainable Urban Transport Project. Draft Report. ITP Report World Bank, 1997. Roads and the Environment, A Handbook, WB Technical Paper No. 376 World Bank; 2005. Environmental and Social Management Framework for World Bank Projects with Multiple Small-Scale Subprojects - A Toolkit 67 16 ANNEXES ANNEX 1: TERMS OF REFERENCE Resettlement Policy Framework (RPF) An RPF is required to be prepared and will outline the general principles and procedures for addressing displacement/resettlement impactsand compensation. Based on the objectives the scope of work, the assignment comprises the following: i. Conduct public consultation involving project affected persons (PAPs), project beneficiaries, community leaders and relevant institutions whose mandate relate to land acquisition, resettlement and compensation. ii. Provide detailed description of the Project showing its rationale, objectives, components, geographic location, and general layout of facilities including maps at appropriate scale where necessary. iii. Collect, collate and present baseline information on the social characteristics of the existing situation, the socio-economic profile, institutional and historical setting in which the project will operate. iv. Provide policy, legal and institutional framework for land ownership and acquisition, resettlement and compensation including comparative analysis of national policies with World Bank requirements. v. Describe project activities with potential for resettlement and compensation identifying clearly PAPs, project affected households, vulnerable groups of people, eligibility criteria for PAPs, screening process and RAP preparation. vi. Provide implementation arrangements for the RPF and a framework for valuation of entitlements and assets. The framework for the valuation of entitlements and assets must show (1) valuation methodology, (2) procedures for land acquisition and compensation payment, and (3) procedure for delivery of entitlements. vii. Conduct stakeholder analysis showing persons and organizations with a stake/interest in the project and e describe the consultation procedures and participatory approaches involving list of PAPs and other key stakeholders, viii. Identify and develop appropriate measures for mitigating impacts on vulnerable groups and gender related impacts ix. Arrangements for consultations of the draft RPF and Public Disclosures x. Describe the institutional arrangements and responsibilities of implementing organizations or persons; xi. Provide mechanism for addressing grievances and the resolution of disputes as well as indicators xii. Indicate the institutional responsibilities and schedule for supervision and monitoring implementation and compliance with the requirements of the RPF. xiii. The final report of the RPF should include Annex that outlines a Resettlement Action Plan, which would be prepared when specific projects sites have been identified. 68 The selected consultant will work in collaboration with the safeguards officer, within the Technical Group, for the preparation of the RPF. The selected consultant will remain responsible to deliver the RPF. Method of Assignment An individual Consultant is required to undertake the assignment. The consultant shall be expected to adopt participatory methods for carrying out the assignment. Efforts should be made to identify and consult all relevant stakeholders, beneficiaries and PAPs. The Consultant shall be expected to review project documents including the relevant policies of the World Bank and national laws on social, environment, resettlement and compensation. As part of the methodological issues and prior to commencement of the assignment, the consultant shall discuss and agree with the MoTA the proposed methodology for carrying out the Assignment with reference to the following: i. Understanding and appreciation of the Assignment ii. The tools/instruments for the consultation and data gathering iii. The techniques to be used for choosing sample sizes of the various stakeholders i.e. sub-projects for analysis, and individuals/groups for interviews/consultation. iv. The finalization of programme for field work v. An agreement on timelines and outline of the Final Report, and vi. The Consultant shall present agreements reached at in this preparatory stage with the MoTA as an Inception Report. The Inception Report will give details such as Consultants’ final appreciation and understanding of the Assignment after comprehensive desk studies; the tools/instruments to be used for the consultation and data gathering; specify the techniques to be used for selecting samples of the various stakeholders for consultations; program of fieldwork and key deliverables. Qualifications, Timeframe and Reporting The Consultant should be an experienced Planner, Engineer or Senior Social Scientist. He/She must possess at least an advance Bachelor’s degree preferably Master’s degree and must illustrate documented experience in social scientific analysis and experience in inland waterway transport sub-sector, socioeconomic and resettlement and rehabilitation programs in Sierra Leone. Knowledge of Bank’s safeguard policies is mandatory. The Consultant is required to have proven capabilities in report writing and a minimum of 8 years relevant working experience and the minimum 6 previous assignments preparing RPFs. In addition to reviewing other relevant materials, the consultant will carefully review the following to develop the RPF: • Draft Project Appraisal Document • World Bank’s Operational Policy on Environmental Assessment (OP/BP 4.01), and Physical Cultural resources (OP/BP 4.11), • World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12) • Relevant Program documents, including scoping reports by the MoTA 69 Timeframe The target period for the start of the consultancy is February 2018. It is anticipated that the Consultant should complete the outputs of the work over a maximum duration of 50 working days over a period of about three months from contract signature. Specific deliverables include: • Inception report by D+10d • Draft ESMF and RPF for review and comments by MoTA and World Bank by D+30d • Review and comments by MoTA and World Bank by D+40d • Final ESMF and RPF report by D+50d Where D = the date of signing the contract, and Numbers = calendar days Reporting The Consultant is required to submit a screening/scoping report for the review of EPA-SL. Such a report shall have a detailed description of the access and nature of the project area. It should contain location maps as well as a description of the project operation. The Consultant is expected to provide 10 hard copies and four electronic copies of each of the two documents (in both word and pdf-format and ready for transmission by E-mail) on external drive to MoTA for distribution and documentation after clearance from the World Bank. Duty Station The duty station shall be at the Technical Support Group, Ministry of Transport and Aviation, 7th Floor Youyi Building, Brookfields, Freetown Sierra Leone with travel to project sub- project locations. The consultant will report to the Director of Transport, Infrastructure Development Unit, who will be responsible for approving deliverables. Language Language must be in English. Services and Facilities to Be Provided By the MoTA The services and facilities to be provided by the MoTA are the following: • Office accommodation • Secretariat support • Project documents and relevant documents including - Draft Project Appraisal Document - World Bank’s Operational Policy on Environmental Assessment (OP/BP 4.01), and Physical Cultural resources (OP/BP 4.11), - World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12) - Relevant Program documents, including scoping reports by the MoTA 70 Outline of Resettlement Policy Framework (a) A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plans as described in paras. 2-21 or an abbreviated plan as described in para. 22 cannot be prepared by project appraisal; (b) Principles and objectives governing resettlement preparation and implementation; (c) A description of the process for preparing and approving resettlement plans; (d) Estimated population displacement and likely categories of displaced persons, to the extent feasible; (e) Eligibility criteria for defining various categories of displaced persons; (f) A legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; (g) Methods of valuing affected assets; (h) organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; (i) A description of the implementation process, linking resettlement implementation to civil works; (j) A description of grievance redress mechanisms; (k) A description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements; (l) A description of mechanisms for consultations with, and participation of displaced persons in planning, implementation, and monitoring; and (m) Arrangements for monitoring by the implementing Agency and, if required, by independent monitors. Consultant’s Reporting Obligations The Consultant shall submit written reports to the Integrated Project Administration Unit through the Programme Coordinator and he will forward the reports to end user for review and acceptance. Details of Reports Schedule & Timeline Inception Report 10 man days from date of Contract Signature First Draft Report 30 man days from date of Contract Signature Final Draft Report 40 man days from date of Contract Signature Final Report 50 man days from date of Contract Signature 71 ANNEX 2: RESETTLEMENT SCREENING FORM Sub-project name Subproject location include map/sketch Type of activity Estimate cost Proposed date of commencement of work Technical drawing/specifications Renewed (circle answer) Yes No This report is to be kept short and concise 1. Site selection When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects. Issues Site sensitivity Rating Low Medium High Involuntary Low population Medium High population resettlement density, dispersed population density, density, low income population, legal mixed ownership families and/or tenure is well and land tenure illegal ownership of defined land, communal properties 2. Checklist questions: Physical data Yes/no answers and bullet lists preferred except where descriptive detail is essential Site area in ha Changes to existing alignment Any existing property to transfer to subproject Any plans for new construction Refer to project application for this information Land and resettlement Yes/no answers and bullet lists preferred except where descriptive detail is essential Will the subproject involve loss of land and other resources? Will the project result into temporary or permanent loss of crops, household infrastructure like shelter or latrines? What is the likelihood of land purchase for the subproject? 72 How will the proponent go about land purchase? What level or type of compensation is planned? Who will monitor actual payments? Refer to the FIUT Resettlement Policy Framework Actions List outstanding actions to be cleared before subproject appraisal Approval/rejection Yes/no answers and bullet lists preferred except where descriptive detail is essential Recommendations Requires a RAP to be submitted to date:_______________________ Does not require further studies Reviewer: Name: Signature: Date: 73 ANNEX 3. OUTLINE OF THE RESETTLEMENT ACTION PLAN PREPARATION In accordance with the World Bank’s resettlement policies, preparation of a Resettlement Policy Framework (RPF) is required depending that the extent and locations of resettlement are not completely known at the time of Project appraisal. RPF is prepared in accordance with the national legal requirements in conformity with WB’s resettlement policies. RPF also provides the basis for developing site specific Resettlement Action Plan (RAP), which will be developed as appropriate for subprojects (project components) that lead to resettlement. There are two types of Resettlement Plans: • Abbreviated Resettlement Action Plan, in which the social impact survey has been able to determine that no people will need to be physically relocated and where less than 10% of a project affected people's productive assets will be lost, • Resettlement Action Plan, in which any project affected persons, will need to be physically relocated and where more than 10% of a project affected people productive assets will be lost. The following presents an outline of a RAP which would be prepared when specific project sites have been identified. The Resettlement Plan, for the sub Project shall include: Details of Social Assessment procedures adopted including Social screening, Consultation, Social impact Statement, Resettlement and Rehabilitation Plan with budget, Institutional arrangements, Capacity building strategy for implementation and livelihood loss, Monitoring arrangements and Disclosure Plan Objectives and Scope of Resettlement Action Plans The objective of any RAP shall be to specify what procedures to follow and what actions to take to properly acquire land and compensate affected people by allowing and providing for adequate participation, consultation and full functioning of the grievance mechanism. Initial Assessment The initial assessments and surveys which would form the basis for preparing the scope for the RAP at this stage should include: i. Potential social impacts, ii. Direct consultations with individuals and groups who are expected to be directly affected by the sub-project activities; and iii. Identification of the major population groups that may be affected by the proposed project. Analysis of Methods to be applied in Identifying displaced People The methods to be employed shall depend upon the nature and extent of adverse impact by the Project on affected persons with respect to: • Land owners who lose some or all of their land, temporarily or permanently, • Home owners who lose their residence, • Businesses that lose some or all of their structures, • Owners of property who lose physical assets (fences, latrines, verandas, etc.), • Residential and business renters who lose access to their leased space; and 74 • Those who have no recognizable legal right or claim to the land they are occupying (i.e. squatters). Steps in Preparing Resettlement Action Plans If the preliminary assessments (scoping and screening exercises) indicate the need for involuntary resettlement, then a RAP or Accelerated Resettlement Action Plan ( ARAP) shall be prepared in accordance with this Resettlement Policy Framework. Displaying due regard for the equal protection of women and vulnerable groups or minority rights, the RAP shall delineate measures to: • Mitigate the negative impacts of resettlement and identify potential development benefits; • Assure that the rights and interests of project-affected people are respected and protected, in particular those deemed vulnerable; • Establish the entitlements of all categories of affected people, including the host communities; • Document all compensation measures and relocation activities; • Establish the organizational arrangements and procedures to monitor the implementation of resettlement plans and take corrective actions as necessary. Preliminary Assessments of Sub-Projects The initial assessments and surveys at this stage should include: • Potential social impacts, • Direct consultations with individuals and groups who are expected to be directly affected by the sub-project activities; and • Identification of the major population groups that may be affected by the proposed project. • These surveys and assessments at this preliminary stage would form the basis for preparing the scope for the RAPs Social Assessment Component. Socio-economic Baseline Census A socio-economic baseline census shall be carried out to provide baseline data on various factors including the following: • Current occupants of the affected area; • Socio- economic characteristics of displaced households, • The magnitude of the expected loss of assets, total or partial, and the extent of displacement, physical or economic; • Information on vulnerable persons for whom special provisions may have to be made; • Land tenure and transfer systems; • Social networks and how they will be affected by the project; and • Public infrastructure and social services that will be affected. Implementation and Monitoring of Resettlement Action Plans The overall responsibility of monitoring and evaluating the RAP activities shall lie with MoTA. There shall be both internal and external monitoring of the RAP activities. Internal monitoring of the operation of the resettlement program shall be done by the TIDU, while external monitoring may be done by a monitoring agency designated to carry out external 75 monitoring of the project. Where a RAP has been implemented, a RAP completion report will need to be carried out by MoTA and MoFED. The objective of this report is to determine if all mitigation and compensation measures required in the RAP have been met or not. Grievance redress A grievance redress mechanism will be prepared and implemented to ensure that a formal complaints management process is in place for Project for the execution of the project. The following elements should be included in the procedure: • Establish a complaints procedure which will allow MoTA to register and respond in a timely manner to complaints of people directly affected by the Project; • The complaints procedure will incorporate the following principles: ▪ Be transparent and simple to understand by PAPs; ▪ It will be activated and completed in a timely manner; ▪ All complaints will be made in writing; ▪ It shall define the responsibilities of each party involved; and ▪ It will be free. ▪ MoTA will designate a person who is responsible for coordinating the receipt of and response to all complaints. ▪ The complaints procedure shall apply to all Project components and activities over which MoTA has direct control; ▪ Representatives of PAPs should be part of the committee when deciding how to respond to the grievances; and ▪ The response time between activating the procedure and reaching a resolution should be as short as possible. Funding arrangements The terms and procedures for cash payment, in-kind payment shall be specified in the Resettlement Action Plan (Abbreviated of Full) in accordance with the RPF. The following will be addressed: • A clear statement of financial responsibility and authority for the RAP. • List of the sources of funds for resettlement and describe the flow of funds. • Identification of resettlement costs; • An estimated budget, by cost and by item, for all resettlement costs; • Payments for inflation and currency fluctuations; and • A description of the financial arrangements for external monitoring and evaluation. Disclosures of Information and Consultations Consultations with affected people are held from the beginning of project implementation, starting with public meetings held in the affected project sites. The RAP will be presented to PAPs in the process of expropriation, particularly to vulnerable groups, and project impact on their property and their rights will be explained. The preparation will include: • Description of the various stakeholders; • Description of the process of involving PAPs and other stakeholders; • Implementation and monitoring; and 76 • Description of the plan for disseminating RAP information to affected PAPs, including information about compensation for lost assets and eligibility; The Ministry of Transport and Aviation shall ensure that the RAP is made available at a place accessible to impacted persons and other interested stakeholders. The Draft RAP shall be transmitted to the WB for appraisal and review at the same time. Since in the phase of RAP preparation for a specific sub-project all facts related to expropriation will be known, public consultation with all project affected persons will be held by MoTA/TIDU. The detailed information of public consultation shall be incorporated in the RAP The Full Resettlement Action Plan will include among others the following minimum elements: Introduction ▪ Project Description; ▪ Project Components ▪ Estimates of Land Acquisition and Resettlement Minimizing Resettlement ▪ Description of efforts made to minimize displacement. ▪ Describe mechanisms used to minimize displacement during implementation Potential Impacts Legal and Institutional Framework Summary of the information included in this RFP ▪ Description of national laws that are applicable to resettlement ▪ Description of the gaps between national laws and World Bank Group policies; ▪ Description of the Institutional Framework for project 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. Resettlement Sites ▪ Describe the project sites using a checklist to assess the advantages and disadvantages of the site; that is selected; ▪ Total involvement of PAPs in the selection process; ▪ Describe mechanisms for procuring and developing resettlement sites, including the awarding of title or use rights to allotted lands; Implementation Schedule ▪ Describe the implementation of the RAP, including identification of agencies responsible for each activity; ▪ Prepare and discuss an implementation schedule chart for implementation; 77 ▪ Describe entitlement policies for each category of impact and specify that resettlement implementation will be based on specific provisions of agreed RAP. Eligibility and Entitlements ▪ Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. ▪ Prepare entitlement matrix. Valuation and compensation for losses The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under national law and such supplementary measures as are necessary to achieve replacement cost for lost assets. Monitoring and Evaluation ▪ Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; ▪ Performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed. 78 ANNEX 4: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (filer of complaint): _____________________________________________________ ID. No:_____________________________________________________________________ Contact information: __________________________________________________________ Nature of Grievance or Complaint:_______________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Date Individuals Contacted Summary of Discussion ___________________ __________________ _____________________ Signature______________________________ Date:______________________ Signed (Filer of complaint):____________________________________________________ Name of Person Filling Complaint: ______________________________________________ Review/Resolution Date of conciliation Session: ______________________________________________ Was filer present: Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: __________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Summary of Conciliation Session Discussion:_________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Issues:_____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: Signed (Conciliator):________________________signed (Filer)_______________________ Signed: ________________________ Independent Observer Date:_____________________ 79 80