SFG3640 IRAQ EODP AF - RPF REPUBLIC OF IRAQ Emergency Operation for Development Project (P155732) Emergency Operation for Development Project - Additional Financing (P161515) UPDATED RESETTLEMENT POLICY FRAMEWORK (RPF) SEPTSEPT 20, 2017 1 / 44 IRAQ EODP AF - RPF Contents 1 Chapter 1: INTRODUCTION ............................................................................................................ 5 1.1 Project Background ..................................................................................................................... 5 1.2 Project Development Objective................................................................................................... 6 1.3 Project Description ...................................................................................................................... 6 Component 1: Restoring Electricity Infrastructure and Connectivity ................................................. 6 Component 2: Restoring Municipal Waste, Water and Sanitation Services ....... 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Component 8: Restoring Education Services ........................................ Error! Bookmark not defined. Component 9. Restoring Basic Urban Infrastructure and Services in Selected Municipalities ... Error! Bookmark not defined. 1.4 Rationale for Resettlement Policy Framework.......................................................................... 16 2 Chapter 2: OBJECTIVES AND KEY PRINCIPLES ....................................................................... 17 2.1 Objective of the Framework ...................................................................................................... 17 2.2 Key Principles ........................................................................................................................... 17 3 Chapter 3: LEGAL FRAMEWORKS ............................................................................................... 19 3.1 National Legal Framework ........................................................................................................ 19 3.2 World Bank Policy .................................................................................................................... 22 3.3 Gaps between Iraqi Law and the Bank Policy........................................................................... 22 4 Chapter 4: ELIGIBILITY CRITERIA FOR AFFECTED PERSONS ............................................. 25 4.1 Defining Affected Persons ........................................................................................................ 25 4.2 Eligibility Criteria ..................................................................................................................... 26 4.3 Estimated potential resettlement impacts .................................................................................. 26 5 Chapter 5: METHODS FOR VALUATION AND COMPENSATION ........................................... 27 2 / 44 IRAQ EODP AF - RPF 5.1 Asset Valuation ......................................................................................................................... 27 5.2 Compensation ............................................................................................................................ 28 6 Chapter 6: INSTITUTIONAL ARRANGEMENTS FOR RESETTLEMENT PLANNING AND IMPLEMENTATION ............................................................................................................................... 29 6.1 Procedures for delivery of Entitlements .................................................................................... 29 6.1.1 Project Social Screening .................................................................................................... 29 6.1.2 Preparation of Socio-Economic and Inventory Survey ..................................................... 29 6.1.3 Preparation of Resettlement Action Plans ......................................................................... 30 6.1.4 Identification of Vulnerable Groups.................................................................................. 31 6.2 RAP Review and Approval ....................................................................................................... 32 6.3 RAP Implementation ................................................................................................................. 32 7 Chapter 7: STAKEHOLDER CONSULTATIONS ......................................................................... 33 7.1 Consultation for RPF preparation.............................................................................................. 33 7.2 Consultation in Resettlement Planning and Implementation .................................................... 33 8 Chapter 8: GRIEVANCE REDRESS MECHANISM ...................................................................... 35 9 Chapter 9: Resettlement Cost, Budgeting and Funding ................................................................... 36 10 Chapter 10: MONITORING AND EVALUATION .................................................................... 37 10.1 Internal Monitoring ................................................................................................................... 37 10.2 External monitoring................................................................................................................... 37 10.3 Monitoring and Evaluation Indicators ....................................................................................... 37 11 Annex 1: CONSULTATION ........................................................................................................ 38 11.1 Minutes of consultation meetings with key stake holders ......................................................... 38 11.2 Arabic Minutes of Consultation with key stake holders in Mosel on Aug 22, 2017................. 39 11.3 Attendance Sheet of Participants in Mosel on Aug 22, 2017 .................................................... 40 11.4 Photos of participants during consultation meeting in Mosel on Aug 22, 2017........................ 41 11.5 Arabic Minutes of Consultation with key stake holders in Ramadi on Aug 30, 2017 .............. 42 11.6 Attendance Sheet of Participants in Ramadi on Aug 30, 2017 ................................................. 43 11.7 Photos of participants during consultation meeting in Ramadi on Aug 30, 2017 ..................... 44 3 / 44 IRAQ EODP AF - RPF List of Acronyms AD: Acute Diarrhea EDRIP: Electricity Distribution Reform and Investment Project EODP: Emergency Operation for Development Project ICA: Investment Climate Assessment IDP: Internally Displaced Persons GoI: Government of Iraq MoCH: Ministry of Construction and Housing MoH: Ministry of Health MoMPW: Ministry of Municipalities and Public Works NSWMP: National Solid Waste Management Plan PAPs: Project Affected Persons PCR: Physical Cultural Resources PCU: Project Coordination Unit PMTs: Project Management Teams RAP: Resettlement Action Plan RPF: Resettlement Policy Framework RPF AF: Resettlement Policy Framework Additional Financing WB: World Bank 4 / 44 IRAQ EODP AF - RPF 1 Chapter 1: INTRODUCTION 1.1 Project Background The conflict in northern Iraq has unfolded at a time of severe fiscal crisis. In the last two decades, Iraq has witnessed a dramatic fall in almost all human development indicators including poverty, health standards, life expectancy, and literacy. Extreme poverty is widespread, particularly in rural areas and a number of governorates. Owing to multiple shocks, economic growth is declining in Iraq and also affecting humanitarian outcomes. The impact of the double shock of the ISIS insurgency and the decline in oil prices has affected the economy. The government’s recovery strategy is to jump-start the delivery of basic infrastructure and services and rehabilitate critical infrastructure in the liberated areas from the insurgency. In response to the request of the Government of Iraq, the World Bank’s support, through the proposed Emergency Infrastructure and Services Restoration Program for Iraq, is aimed at supporting the Republic of Iraq in the reconstruction of damaged infrastructure and restoration of public services delivery in Targeted Municipal Areas. The parent Project is being implemented in urban agglomerations of Tikrit, Al- Dour, Al-Alam and Al Dhuluiya located in the Salah Al-Din Governorate as well as urban agglomerations of Jallawla, As-Sadiya and Al-AAzeem located in Diyala Governorate. In addition, suburban areas, villages and infrastructure across open range land may also be included for project-financed activities. EODP is currently focusing on a number of sectors and in specific geographical areas. The proposed Additional Financing would expand scope from electricity, water, sanitation and solid waste management, transport (roads and bridges) and health sectors to include additional sectors agriculture, irrigation and education. These newly introduced sectors would address important segments of the society who are living in lagging regions, poor, with high unemployment and where women’s employment in the agriculture is a viable one. Similarly, the return of the younger generations to a modern schools and curriculum would rehabilitate them from the nearly two years of ISIS ideology and extremism. Geographically, the expansion would go beyond today’s Salah Ad-Din and Diyala governorates to more cities that have been recently liberated in two additional governorates such as Mosul in Ninawa, Ramadi in Anbar and few others. These cities have experiences the fiercest fighting between ISIS subjects and the Iraqi army and Global Coalition for defeating ISIS support military apparatus and resulted in enormous damage to the all aspects of life in these cities from public and private assets whether in terms of infrastructure and services or housing and businesses. Beyond these areas that were directly affected by the fighting, the Additional Financing will also support communities who are hosting IDPs for the past three years to continue and improve their ability to deliver services to Iraqi Displaced Persons (IDPs). These communities are in many cities in Iraq including in the Kurdistan region. The common feature for all project interventions is the strict adherence to pre-existing footprints of buildings, structures and linear infrastructure, which was damaged or destroyed during combat activities when ISIS moved into the areas, and was pushed out again, and vandalism, sabotage, and retribution acts during ISISs occupation. 5 / 44 IRAQ EODP AF - RPF 1.2 Project Development Objective The Project development objective is to support the Republic of Iraq in the reconstruction of damaged infrastructure and the restoration of public services delivery in Targeted Municipal Areas. The PDO for the EODP-AF is consistent with the PDO for the parent EODP but with an expansion in geographical and sectoral coverage: to support the GoI in the reconstruction of the damaged infrastructure and the restoration of public service delivery in Targeted Areas. 1.3 Project Description Project Components: The components are also similar to that of the parent EODP with a sectoral expansion to cover restoring agriculture productivity and irrigation infrastructure, restoring education services and restoring basic urban infrastructure in selected municipalities. The description of the components to be financed is as follows: Component 1: Restoring Electricity Infrastructure and Connectivity This component aims to support restoration of electricity services to the liberated areas, with particular emphasis on (i) public sector led interventions covering the reconstruction of damaged transmission and distribution assets (as per the original EODP) and (ii) where feasible, private sector- led efforts to expand access to electricity based on service contracts for installing new infrastructure for distributed generation (fee per KWh) and SPV systems for institutions and households. Sub component 1. Transmission and Distribution Grid Reconstruction to support procurement and installation of equipment, materials, spare parts and civil works to rehabilitate and reconstruct the heavily damaged transmission and distribution networks in the project areas. Sub component 2 (New): Emergency Electricity Service Restoration to support service contracts (fee/KWh) for private rental of emergency generation services in areas where it will take some time to reconstruct the electricity network. This will provide an effective transitory solution and facilitate restoration of basic services such as water supply and health services. A detailed feasibility assessment will be undertaken within the first six months of the Project to identify viable business models. Privately owned generation and distribution of electricity services is widespread in most of the governorates in Iraq due to the poor reliability of the grid supply service, with the current national average of about 15 hours per day. However, there is no regulatory oversight of the activities of private operators. Given the high cost of fuel and the limited number of consumers, private operators are not functioning at full capacity- as a consequence electricity service charge is about 100 times the cost of the grid supply. Sub component 3 (New): Support for the installation of Solar Photovoltaic (SPV) systems via the private sector, to address gaps in the provision of electricity services. A detailed assessment will be undertaken within the first six months of the Project to identify feasible business models, including financial incentives (for working capital or consumer loans) that could be supported by the Project. Although private solar development is a compelling solution due to resource abundance, the modular nature of solar energy and minimal dependencies on existing infrastructure, investments in this area are hindered by Government subsidies that have been put into place to maintain electricity prices at artificially low levels, combined with the challenge that most electricity consumers do not pay their 6 / 44 IRAQ EODP AF - RPF electricity bill. The Government has initiated actions to increase tariffs, including operations efficiency (including electricity bills collections and disconnections for non-payment) and enforcement of bill payment. The Project will play a crucial role in creating a market, and potentially supporting transformation of the renewable energy landscape in Iraq, specifically by providing technical knowledge and catalysing the installation of initial systems for renewable energy generation. Component 2: Restoring Municipal Waste, Water and Sanitation Services This component is largely similar to that described for the EODP and aims to restore water, wastewater and solid waste services through the repair, reconstruction, and rehabilitation of damaged infrastructure in selected municipalities. Reconstruction of public works will generate local employment opportunities, and successful completion of public works in this sector will reduce the incidence of public health risks through water-borne diseases. However, the AF will incorporate the following modifications to the original component: i) it will now focus on three governorates (Al Anbar, Ninawa and Salah Ad-Din, including the districts and sub-districts surrounding Mosul and Ramadi) and ii) prioritize reconstruction and rehabilitation of sewage treatment plants, and solid waste management equipment (garbage trucks, etc.) Component 3: Restoring Transport Infrastructure Transport infrastructure (bridges, roads, airports, and railway) is key to the economic development of Iraq. Most of the transport infrastructure in the war-impacted regions suffered destruction and damages resulting from the recent military operations, sabotage and vandalism during the crisis. Critical bridges, road sections, airports and railways have been significantly damaged. This has led to severe disruption of service delivery, closure of several bridges, road sections as well as other modes of transport such as airports and railway systems. In addition, lack of maintenance funding and institutional weaknesses have further deteriorated the quality of the transport infrastructure and service delivery of the sector. The objective of this component under the AF is to expand coverage to liberated areas in Al Anbar, Diyala, Ninawa and Salah Ad-Din governorates to restore service delivery, connectivity and access to economic and social services that have been disrupted due to the destruction of roads and bridges in military operations against ISIS. Activities under this component will include the reconstruction of key bridges that have been fully destroyed, and rehabilitation of partially damaged bridges in affected areas, particularly in Mosul that has endured wide-ranging destruction to physical assets and infrastructure. Activities for this component AF will include: preparation of detailed plans, designs and bidding documents for the repair, rehabilitation and reconstruction of roads and bridges, and technical assistance and consultancy services for supervision and implementation of transport subprojects. In addition, the proposed reconstruction and rehabilitation works would support the GoI’s plans for economic recovery, social reconciliation and employment creation for working-age youth. These works will be implemented by the Iraq Reconstruction Fund in coordination with sector authorities as well as local government agencies to the extent possible. The AF will support the preparation of a feasibility study for the reconstruction, operation and maintenance of Mosul airport financed by a public-private partnership scheme. This work will draw upon the World Bank’s experience in Jordan and other best practice examples. To avoid duplication and random rehabilitation of the Iraq Republic Railway IRR, the AF will finance the railway rehabilitation 7 / 44 IRAQ EODP AF - RPF priority. The AF will also finance the rapid repair of key public transport terminals as well as an assessment for a PPP in operation and maintenance of selected term. Year 1 of the Project will focus on maintenance and quick repairs of critical bridges and roads and the reconstruction of damaged public transport terminals; recruitment of consultants; and preparation of plans and detailed designs for the reconstruction of complex and highly technical transport facilities. Years 2–5 of the Project will focus on the actual implementation of rehabilitation and reconstruction of damaged roads and bridges. Component 4: Restoring Health Services EODP financing will continue with the originally available funding but with minor revisions to the activities supported i.e. EODP will finance the repair and supply of medical equipment to partially damaged hospitals and clinics in place of supply of mobile hospitals. No additional funding is proposed to this component. The State of Kuwait, through the Kuwait Fund for Arab Economic Development has made available a grant of US$ 100 million to restore the country’s health services in areas recently regained from the ISIS. Component 5: Technical Assistance Sectoral Development: This component will develop and espouse a systematic, programmatic and integrated approach towards multi-sectoral recovery and reconstruction efforts. This approach is intended to support the preparation of a range of potential sector investment projects underpinned by strategic and medium to long-term needs assessments that will be undertaken by the Bank and the GoI over the AF implementation period. The AF will continue to provide support to finalize and implement the General Framework of the National Recovery and Reconstruction Framework for Iraq, and to avail of possible opportunities to enhance the PCU’s capacity to manage multi-sector recovery as part of the WB’s collaboration with the ReFAATO. Technical Assistance: This component will continue to implement a detailed and nuanced approach to various facets of state/citizen trust-building and promoting reconciliation in the broader Project context including: (i) inclusive participation by local communities, (ii) transparency of resource allocations, (iii) measures to promote tolerance amongst various social groups through community-led sub projects, (iv) dissemination of information regarding the Project to build trust and confidence by using targeted media, social media and communications campaigns, (v) youth initiatives to build social capital and foster reconciliation and (vi) effective grievance redressal and increased accountability on service delivery issues at the local level. In addition, technical assistance in this area will be geared towards working on a broad strategy for the sustainable management of physical cultural resources (PCRs). This activity will entail a) a systematic and detailed assessment of physical cultural resources that have been damaged; b) the preparation of a prioritized list of required interventions; c) the development of a reconstruction and restoration strategy for PCRs (including related standards, guidelines, knowledge and technical resources, and design codes); and d) design and preparation to establish a fund to support the restoration and maintenance of PCR on a more sustainable basis. Technical assistance will be offered to the stakeholders including the Ministry of Culture, the Governorate of Ninawa, the Religious endowments, the educational, cultural and scientific institutions, as well as professional associations of the city, to: (a) document and conduct a detailed survey of the damaged heritage site; (b) develop strategic guidelines, work plan, and M&E plan to reconstruct historic urban landscape of Mosul; and (c) train youth and vulnerable groups in the City for skills necessary for the restoration work. 8 / 44 IRAQ EODP AF - RPF Component 6: Project Management, Sensitization and Communications and Monitoring and Evaluation This component will continue to cover costs associated with the management and coordination of the Project, including social and environmental safeguards, procurement and financial management, communication and community sensitization, and monitoring and evaluation (M&E). The remit of this component will be extended to supervise effective execution of citizen’s engagement initiatives. Strategic communication and citizen engagement activities will be administered throughout the project preparation, implementation and monitoring to promote an inclusive approach in the reconstruction process. Efforts to promote citizen participation in the Project will be underpinned by a strategic communications campaign that is part of an overall holistic citizen’s engagement strategy. The aim will be to raise awareness of the Project’s objectives, scope and activities; potential benefits (and costs) for beneficiaries; its relevance to the GoI’s broader vision for recovery and reconstruction; and various avenues that are available for beneficiaries and citizens to remain apprised of Project developments and to engage in the design and implementation of sub projects across a range of sectors. Communication messages and modalities will be tailored to the information seeking habits of specific vulnerable groups (IDP’s, women, youth, unemployed, business, etc.) and proactive dissemination of timely and comprehensive information through appropriate media will establish a precedent for transparency and signal the GoI’s willingness for the local populace to be informed and engaged. This approach will also be useful to manage expectations and promote buy-in and ownership. A baseline beneficiary survey will determine modes of engagement and appropriate communication channels around which the existing the above components of the CE strategy will be modified, from their current format. The key elements of the citizen engagement strategy for this Project will include the following: (i) early disclosure of important project related information by the GoI on its website and at the appropriate local levels and disclosure procedures agreed with the Bank, (ii) framework for consultation with the key stakeholders ensuring all targeted beneficiaries are informed, through relevant stakeholders and their representatives to obtaining broad community support as a part of preparation of specific sub-projects relevant to that area; (iii) ensure the continuity in existing and establishment and implementation of GRM within new PMTs and at the PCU, to meet specific grievance redress requirements of this operation; and (iv) promote community based initiatives with the participation of and networking with relevant stakeholders including women, school children, youth, IDPs, host communities, civil society organizations, and local bodies. This component will also develop a data visualization, analysis and information sharing (digital) platform, commonly used for the Disaster Needs Assessment (DNA). This platform will enable the GoI, WB, their partners and other stakeholders to compile and utilize real-time-data to support implementation, supervision and monitoring of geo-referenced projects and planning of future recovery and peacebuilding planning initiatives. This platform will therefore contribute towards improving coordination among various stakeholders, and minimizing gaps and overlaps in the coverage of recovery interventions. The interactive nature of the platform will allow communities to interact through text and visuals and to provide positive feedback or relay complaints regarding project implementation which would be uploaded in real time into the portal. Various data sources, analytical work and information would be aggregated in an integrated and phased manner. The platform’s key features will include: 1. Geo-referencing of facilities across various sectors 9 / 44 IRAQ EODP AF - RPF 2. Availability of geo-coded data layers for various types of analysis (damage, quality of service delivery, recovery needs, social analysis, institutional analysis, forced displacement patterns, conflict analysis, economic assessments) 3. Ability to read both geo-coded Excel spreadsheets and GIS Shape files for easy aggregation of additional geo-data and analysis 4. Coverage of both rural areas (district-level) and urban centers (neighborhood level) 5. Concurrent visualization of multiple layers of data Availability of real-time updates Component 7: Restoring Agriculture Productivity Widespread unavailability of traditional agricultural inputs and service supplies in newly liberated zones, combined with soaring farm gate prices for agricultural inputs 1 represent significant constraints to productivity growth, and employment and enterprise development in Iraq’s rural sector. In addition, emergency assistance is essential for returning farm households, IDPs, producer groups and farmer associations to gain some measure of food security and to establish the foundation of a more measured approach to agriculture sector recovery. The key focus of this component is to revive agricultural and related activities in the conflict-affected regions across the country. Project activities will utilize a combination of emergency and short-term measures to improve the capacity of the Ministry of Agriculture to support farmers with critical agricultural services, technologies and investments. 6. The four sub-components are as follows: Subcomponent 1: Emergency implementation of local area development plans will finance procurement and distribution of 5,000 farm household starter packages consisting of different combinations of farm tools, livestock, materials and service vouchers. This sub-component will also support the formation and functioning of groups of poor rural households at the community level to help them improve their food security and nutrition. This program will be implemented with the involvement of local NGOs, who will help identify eligible group members, assist in the formation of such groups, provide basic training, and help monitor program implementation and impact. These local NGOs will take the lead in community and group information and mobilization and in facilitating the formal constitution of the community production groups (CPGs). The CPGs will have simple, locally appropriate, governance arrangements to ensure transparency, probity, inclusion, and accountability. Three major categories of CPGs are envisaged: (i) crop CPGs (wheat, fodder crops, oilseeds), (ii) vegetable and fruit CPGs (potatoes, vegetables, spices, soft fruits), and (iii) small livestock CPGs (poultry). Sub-component 2: Restoration of critical agriculture support services will finance restoration and modernization of key agriculture knowledge and service centers, including warehouses, veterinary centers and certified seed multiplication and processing facilities to revive the agriculture service and agribusiness industry. 1 (relative to international levels) 10 / 44 IRAQ EODP AF - RPF Sub-component 3: Emergency agriculture credit facilitation will include measures to improve accessibility of farmers and farmer groups to technical knowledge, services and technologies. This sub component will support TA and capacity building for institutional strengthening of the local input supply industry and provide working capital to local agribusinesses. This sub component will also support development of a private network of agro-input dealers who would supply farmers with quality inputs at affordable prices and technical knowledge that would increase farm incomes and reverse the low-input, low-output spiral. This component will finance the following set of activities: (i) improvement of farmers’ purchasing power through distribution of input vouchers; (ii) help to agriculture input dealers to find supplies and credit and expand business. The project would also demonstrate to farmers the profitable return from investing in improved inputs and farming techniques. Given better access to inputs afforded by vouchers distributed by the project farmers would seek competitive suppliers to obtain better input prices and more reliable delivery. The resultant increase in demand would strengthen the competition in the private input supply market and create a more level playing field, to the benefit of farmers and overall sector output. The project will also support organized input dealers’ groups through training, better equipped, technology to enhance their services to farmers. Sub-component 4: Project Management will include the costs of consultants, limited purchases of office equipment and furniture, cars, and recurrent costs of the Project Management Team. This component will be managed by a new PMT under the auspices of the MoA. Component 8: Emergency repair of water control infrastructure and irrigation schemes The reconstruction of the irrigation and drainage system is crucial to the success of the agricultural sector in most parts of the country. Irrigated agriculture, which accounts for bulk of the total production of cereals and other crops was affected by ISIS. Strategic barrages, link canals, major irrigation headworks and pumping stations were severely damaged. In addition, necessary maintenance was not carried out on the irrigation and drainage water distribution network, leaving the irrigation and drainage systems in a state of disrepair. All the offices of the Operation and Maintenance Directorates at the Governorates have been burned and/or looted. The total area under irrigation decreased by 50 percent and crop productivity has fallen below 30 percent of pre-war levels. Iraq an extensive water hydraulic infrastructure that comprises of a series of dams and barrages that are located on the Euphrates and Tigris rivers and their tributaries. The big dams are multi-purpose (hydroelectric, irrigation, flood control). Smaller dams have been built to supply water to cities and irrigation schemes. Much of this needs urgent repairs as it is crucial to ensure rapid increases in agricultural crop yields. Of urgency, is the need to prepare the conditions for IDPs from rural areas and the agricultural sector, in order to increase food security for all and re-generate rural livelihood and employment. There are two subcomponents to the rehabilitation of the irrigation infrastructure. Sub-component 1: Emergency repair of water control infrastructure and irrigation schemes This would support emergency repair of the Falluja barrage.In addition, emergency repairs to six irrigation schemes 72,000 ha ha. Typical emergency works would include repair of headworks, main 11 / 44 IRAQ EODP AF - RPF canal water control structures, groundwater wells, small canal bridges and culverts. This component would also include rebuilding of damaged MoWR offices and O&M offices including the procurement of machinery and equipment for operations and maintenance. Sub component 2 Management, engineering studies and M&E This component will support the operation of the coomponent in the MoWR. The PMT has been well established. The PMU will coordinate the overall planning, coordination, implementation and supervision of component activities including central procurement and management of funds. This sub-component will provide funding for consulting serviices: engineering support, constrcution supervsion and quality control; environmental and social management plan; monitoring and evaluation (M&E), including carrying out techncial and safety assesment of Falluja barrage, technical assesment of Thathar link canal, and water managent study. Finally, this sub-component will finance training and capacity building activities targeted to staff in MoWR and O&M staff at the Governorates Component 9: Restoring Education Services (MoEd) This component aims to support the restoration of education services in liberated and affected areas of Iraq, while laying the foundation for further development in the education sector. It will place emphasis on vocational education for youth and the economic empowerment of women. The three sub- components are as follows: Sub-component 1: Rehabilitation, Reconstruction, Upgrading and Equipping of Education Infrastructure. This is intended to provide urgent support for swift restoration of education services, thus incentivizing the return of IDPs and return to normalcy in liberated and conflict-affected areas, particularly Mosul. The Project will finance activities related to reconstruction, rehabilitation, upgrading and equipping of existing schools on state-owned land in six governorates (Nineveh which includes Mosul, Al Anbar, Diyala, Kirkuk, Salah Ad-Din and the outskirts of Baghdad). The Project will focus its efforts on a total of 136 schools (32 in Mosul) which consisting of 93 primary schools and 41 secondary schools which serve about 40,000 primary students and 25,000 secondary students. The Project will also support rehabilitation of 2 vocational training schools. An international consultant will review existing technical specifications (norms) of school equipment to ensure compliance with international standards. These revised technical specifications will be adopted for all project related infrastructure. In addition, access ramps and fixed bars will also be installed to facilitate access by students and teachers with disabilities. The MoEd directorate responsible for school infrastructure will implement, monitor and report on activities related to rehabilitation and reconstruction. Below is a breakdown of schools, classrooms, teachers, and students per governorate: Governorates Schools Classrooms Teachers Students Salah Ad-Din 20 200 218 4,910 12 / 44 IRAQ EODP AF - RPF Al Anbar 20 258 421 6,675 Diyala 10 120 209 2,483 Kirkuk 21 308 631 13,341 Baghdad 33 404 871 19,171 Ninawa 30 384 851 16,942 TVET Mosul 2 30 - - Total 136 1,704 3,201 63,522 Subcomponent 2: Support to Teachers, School and Community Leaders, and Out-Of-School Youth Training and Support Programs. This sub component will focus on providing specialized support for a smaller percentage of the population, including vulnerable groups such as children and adolescents who display significant psychological distress or mental disorders as a result of the traumas that they have witnessed or endured during the conflict. The Project will therefore rely on assessments conducted by other agencies (led by the Ministry of Labor and Social Affairs with support from the World Bank’s social protection operation) that are already delivering support at the community level to inform the design of classroom interventions and specialized teacher training programs, and to identify channels for children and adolescents in need of specialized psychological support. Although there are counselors in schools to support students who are contending with psychological distress, there is need for additional training as well as service providers to work with such youngsters and to serve as liaisons between schools and communities on a sustainable basis. With 48 percent of the 1 million youth and child IDPs out of school, equipping young people with the skills and qualifications that are required to gain relatively quick access to the job market is essential to ease the strain on youth to reduce the risk of further splintering within communities and between ethnic and religious groups, and degeneration into further conflict to avoid falling prey to another wave of conflict unleashed by violent extremism. In addition to the rehabilitation of 2 vocational training schools, the Project will support the design and implementation of short-term (6-9 months) courses geared towards youth who are either out of school or above school age, and who have difficulty in pursuing a higher level of education. These courses will be based on assessments conducted by the Ministry of Labor and Social Affairs (MOLSA) to ensure that they respond appropriately to the demands of the job market and complement existing job placement mechanisms. The team will also collaborate with UNICEF and other UN that are already providing life skills training and capacity building. This subcomponent will support the following activities: Training of 10,000 teachers and school administrators (45 trainers of trainees of which 12 will be from the central directorate and inspectorate, 18 from Baghdad, and 3 from each of the five targeted governorates). Two high-level training sessions will be provided on pedagogical skills and/or psychosocial and emotional support to upgrade their knowledge and skills in order to be able to provide effective psychosocial and emotional support to children; 13 / 44 IRAQ EODP AF - RPF Recruitment and training of women (2-3 per school or 300 women in total) from each community to serve as school-community liaisons and to provide schooling and psychosocial support to students as well as other youngsters in the community. The Project will finance service fees for up to 18 months at the rate of US$ 30 per month for each counselor. The Project will also finance support for more inclusive participation of community members in recreational and cultural school activities; Provide short-term support to identify and train 300 female graduates from communities targeted by the Project as teachers’ aides. Upon completion of training within 6-9 months, at least 200 candidates will be certified for teaching and will acquire employment at newly rehabilitated schools for one school year. The Project will provide support for identification/shortlisting of appropriate candidates, training and capacity building as well as financing monthly service fees of teachers’ aides for a period of ten months at the rate of US$ 400 per aide; Design and provide training for 300 out-of-school youth to be ready to enter the job market. Subcomponent 3: Institutional Strengthening and Sector Development Support. This sub component will support the following activities: Increasing the engagement of private schools: Given the limited concentration of private schools, the Project will support the development and institutionalization of rules and regulations for the private sector’s involvement in education, including the strengthening of MoEd’s oversight and quality control system. Developing governorate level education strategies: The Project will support a pilot initiative to develop education sector plans in 3-4 governorates to help operationalize the national education strategy. These education plans will cover a period of five years, with yearly targets for improving the accessibility and quality of education, while strengthening the capacity of governorates to manage and implement education sector reforms effectively. Data System: In order to establish a unified and cohesive data management system that can support better analysis for policy formulation and planning, the Project will provide support for strengthening governorate level data collection systems by linking them with the central system and enabling them to correspond with the data systems of other technical entities such as the MOE’s directorates in charge of teacher training and school construction. The Project will support analysis and technical support aimed at developing the knowledge base for policy making and preliminary preparation of a new operation in the education sector. The Directorate of Planning and Statistics at MoEd will be responsible for the overall implementation and monitoring of these activities. Component 10. Restoring Municipal Infrastructure and Services and Preserving Cultural Heritage Assets 14 / 44 IRAQ EODP AF - RPF This component will support the restoration of basic municpal infrastructure and services in the selected municipalities in Al Anbar, Salah Ad-Din, Diyala and Ninawa governorates, paving the way for the return of displaced residents and laying the ground work for extensive housing repair and reconstruction in the future. The implementation of this component will be based on a framework approach for sub project selection, preparation and implementation. This will be composed of core elements including i) a set of selection and evaluation criteria, ii) a cap for individual sub-projects cost, and iii) clear requirements for environmental and social safeguards. Sub-projects will be identified based on a clear rationale, prioritization criteria and an integrated area- based approach. Revitalization of economic activities will be a key priority in sub project identification, and, as such, sub projects will therefore focus on neighborhoods where i) there is promise of rejuvenating commerce and trade, and ii) the majority of housing has withstood partial damage. Eligible sub-projects will also have to be economically viable, avoid the possibility of major or irreversible environmental and social impacts, and have financing, procurement, and implementation plans in plans that are satisfactory as per Bank standards. Eligible sub projects may include, inter alia, facilities for youth and sports activities, community centers, parks, cultural heritage sites, public markets, internal roads (streets) and urban water systems and waste water networks. This component will be implemented by the four beneficiary governorates with technical support from consulting firms. Hence, given the ongoing devolution process, the governorates are expected to have increased responsibilities and autonomy in the provision of urban services. This will contribute towards strengthening the administrative and technical capacities of the governorates, and potentially pave the way for future actions and programs. This component will also finance a pilot conservation, rehabilitation and/or restoration of selected cultural heritage in Mosul’s historic old core. The works part of the pilot will enable the creation of job opportunities through Employment Intensive methods (EI) for the restoration of historical buildings and Historic Urban Landscape. This pilot will be coordinated closely between the UNESCO, Ministry of Culture, the Governorate of Ninawa and the Mosul municipal council. Based on the Broad Strategy for the Sustainable Management of Physical Cultural Resources (PCRs) developed under the Component 5 (Technical Assistance), the local government will work with UNESCO to develop conservation plan of selected cultural heritage in Mosul’s historic old core. Once the conservation plan is completed, the component will finance some selected cultural heritage properties on pilot basis with limited amount of funding. 15 / 44 IRAQ EODP AF - RPF 1.4 Rationale for Resettlement Policy Framework The project will unlikely involve land acquisition as it will only finance repair and reconstruction of damaged infrastructure of existing footprints. However, it is uncertain that if permanent or temporary land acquisition (less than two years) will occur during project implementation. Several issues may increase the complexity of land acquisition such as the lack of reliable land record systems, and the inability of people losing land to either document ownership or be physically present to make their claims for eligibility. Therefore, the need for involuntary resettlement or land acquisition in specific subproject area will only be known during project implementation, and when site-specific plans are available. Accordingly, this Resettlement Policy Framework (RPF) is prepared based on the requirements of World Bank Policy on Involuntary Resettlement OP 4.12 and relevant Iraqi laws and regulations as a guideline for resettlement planning and implementation, if there is any. Additionally, the existing RPF is updated to reflect the introduction of the new components (i) agriculture: will utilize a combination of emergency and short-term measures to support farmers with critical agricultural services, and irrigation: will cover the emergency repair of water control infrastructure and irrigation schemes; (ii) education: will include rehabilitation, reconstruction, upgrading and equipping of education infrastructure and provision of teaching equipment, training of teachers to provide psycho-social support for the students affected by the conflict and improve community cohesion; and (iii) basic urban infrastructure in selected municipalities: will include inter alia, facilities for youth and sports activities, community centers, parks, cultural heritage sites, public markets, internal roads (streets) and urban water and waste water networks. 16 / 44 IRAQ EODP AF - RPF 2 Chapter 2: OBJECTIVES AND KEY PRINCIPLES 2.1 Objective of the Framework The purpose of the RPF is to set down the principles for resettlement impact mitigation, as well as to clarify the organizational arrangements that may be needed during project preparation and implementation phases. This includes compensating all project affected persons (PAPs) for the loss of lands, properties, and livelihoods resulting from displacement and resettlement, as well as assisting these people in relocation and rehabilitation. The RPF may be triggered whenever any of the project’s activities entail the acquisition of land and / or the displacement of people, causing the loss of land, property, assets, access (to land, property, and assets), income, or sources of livelihood. This framework shall cover all the project’s activities, and shall apply to all displaced persons regardless of the total number affected, the severity of impact, and whether or not the affected persons have legal title to the land. Since resettlement often affects the most vulnerable and marginalized groups (economically, politically, and socially), the RPF shall be particularly sensitive to the affects which displacement may have on these groups, including the poor, landless, elderly, women, children, ethnic minorities, or persons with specific mental or physical disabilities. Every effort will be made to avoid or minimize the need for land acquisition and resettlement for any components. In the unlikely and exceptional event that any of the components under the project require additional land, houses and other assets becomes unavoidable; the projects shall adopt this RPF. 2.2 Key Principles The principles outlined in the World Bank’s OP/BP 4.12 have been adopted in preparing this RPF. In this regard the following principles would be applied: 1. Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. Where land acquisition is unavoidable, the project will be designed to minimize adverse impact on the PAPs, especially the vulnerable groups; 2. All PAPs will be compensated, relocated and rehabilitated, if required, so as to improve their standard of living, income earning capacity and production capacity, or at least to restore them to either pre-displacement or pre-project levels, whichever is higher; 3. All PAPs residing in, or cultivating land, or having rights over resources within the subprojects areas are entitled to compensation for their losses and/or income rehabilitation. Lack of legal right to the assets lost will not bar the PAP from entitlement to such compensation, rehabilitation and relocation measures; 4. The rehabilitation measures to be provided are (i) compensation at full replacement cost for houses and other structures; (ii) compensation for land acquisition; (iii) dislocation allowance and transition subsides; (iv) full compensation for crops, trees and other similar agricultural products at market value; and (v) other assets, and appropriate rehabilitation measures to compensate for loss of livelihood; 17 / 44 IRAQ EODP AF - RPF 5. Land-for-land is the preferred option. Land-for-land may be substituted by cash provided that: (i) land is not available in the proximity of the subproject area; (ii) PAP willingly accept cash compensation for land and all assets on it; and receive full replacement value without any deductions for depreciation; and (iii) cash compensation is accompanied by appropriate rehabilitation measures which together with project benefits results in restoration of incomes to at least pre-subprojects levels; 6. Resettlement plans will be implemented following consultations with the PAPs, and will have the endorsement of the PAPs; 7. Any acquisition of, or restriction on access to resources owned or managed by PAP as common property will be mitigated by arrangements ensuring access of those PAP to equivalent resources on a continuing basis. 18 / 44 IRAQ EODP AF - RPF 3 Chapter 3: LEGAL FRAMEWORKS Resettlement and land acquisition issues under the proposed Project will be addressed through relevant laws and regulation of Government of Iraq and the World Bank’s Operational Policy on Involuntary Resettlement OP 4.12. The RPF represents the reference to be used in managing land acquisition issues and addressing the involuntary resettlement and displacement of people related to WB financed projects. The Reconstruction Fund for Areas Effected by Terroristic Operation shall be committed to complying with the national laws and WB policies and to any future amendments to them. 3.1 National Legal Framework There are three main forms of land ownership in Iraq: 1. Public or government owned land; 2. Private land which may be alienated/transferred freely; and 3. Leased land. The land is owned by the government but leased to individual which is in most cases the agricultural land and the Ministry of Agriculture is the government agency in charge of the management of the leased land. The national law governs land acquisition is Land Acquisition Law No. 12 issued in 1981 and was updated in 1998. It specifies that the State has the right to remove encroachers’ state-owned lands without compensation. Below are the relevant provisions: Article 4. Directorates and social and joint sectors which have the right to possess property can agree with the property owner or the land owner to possess the property by agreement either in kind or in cash depending on the price estimated by the commission established according to this law. If the property is a public property, all partners shall approve this. Article 9. In order to implement their projects and achieve their goals, government departments and social and common sectors which have the right to legally possess a property can request to possess any property, part of it, or its relevant original property rights, according to the rules of this law. Article 22. If the property or the real estate right requested for acquisition is owned by government departments or the social or common sectors, the property shall be possessed administratively and the compensation is determined by the parties' agreement. Article 29. i) If the property requested for acquisition is land or an orchard, the holder can, in consultation with the Ministry of Finance or the Ministry of Agriculture & Agriculture Reform, compensate the property owner for the land or orchard at the same value of the Administrative Unit of the land or orchard requested for acquisition. With property owner agreement, the holder can compensate him/her with land or orchard outside the Administrative Unit boundaries. ii) If the property requested for acquisition is not land or an orchard, the holder can, by agreement with the property owner, offer him/her a property or other real estate as compensation for the property requested for acquisition. Article 31. Compensation to farm lands. 19 / 44 IRAQ EODP AF - RPF First: The value of the land is estimated by durum (unit of measurement) and with the prices of 1973 by referring to the selling procedures of the Land Registry Office as a basis to fairly compensate as follows: 1. If the land is an absolute property and has been transferred to the property owner in or before 1973, the compensation is determined according to the prices of 1973, adding 4% amount for each year till the date of inspection and estimation. The compensation should not exceed the prevailing price. And part of the year considered as a year, if it is more than six months. 2. If the land is transferred to the property owner after 1973, the compensation is determined according to the price registered in the property record adding to it the percentage mentioned in Item a) / First and the prevailing price during the inspection and estimation. Second: In order to define the prevailing price during inspection and estimation, it shall refer to the land production, its location, its distance from markets, its fertility, irrigation and planting methods and other land qualifications identified locally. Third: a) The compensation for disposing of lands owned by the Government is estimated by considering the lands’ value as it is considered an absolute property according to the basis mentioned in Items First & Second of this article. The compensation received by the Government is deducted according to the percentages laid down in Article 5 of the Law of Unifying Government’s Lands Types No. 53 of 1976. b) The value of facilities built on the land owned by the Government and decided for disposition is estimated according to rules mentioned in this law if these facilities have been founded for planting purposes, including the house of the land owner and the house of the land workers or if these facilities have been established according to valid legislations. These facilities may be demolished if they are not built for planting purposes or they are proved to have been built contrary to valid legislations. Fourth: The land is covered by rules of this law if it is used for planting or could be used for planting based on its status during acquisition request regardless of the area, its location and its type mentioned in the property record. This rule applies for planted lands which do not match the orchards conditions mentioned in the Agricultural Reform Law. Article 32. Compensating Orchards & Planted First: The value of trees planted on the land is estimated in the same way mentioned in Article 31 of this law as it is considered an orchard. The utilities are estimated according to the rules mentioned in Article 33 of this law. Second: The value of trees is estimated according to the prevailing prices in the area as of the date of inspection and estimation taking into consideration the tree species, its age and whether it is fruitful or not and other known qualifications. 20 / 44 IRAQ EODP AF - RPF Article 33. Property Compensation The values of residential, industrial, commercial properties and land for constructing buildings are estimated according to the prevailing prices during inspection and estimation regardless of their value after implementing the project according to the following rules: First: Taking into account the location of the property, its level of construction, area, assets, type of construction materials and its income are considered when estimating the compensation. Second: The property value estimated by the Land Registry Office and the values of neighboring or equivalent properties, or their selling prices, or their annual lease whether actual lease, or property tax estimated lease could be referred to when estimating. Third: The value of land and the value of buildings and other utilities and property (if any) are estimated separately. Fourth: The estimation is by the cubic meter or by the standard measurement unit. The Estimation Commission can estimate by a previous decision the compensation as a whole or by any other normally accepted method as an estimate to get the fair compensation. Article 49. Property Owner Loss due to Acquisition In the case of partial acquisition, the property owner could request repossession of the whole property if the part left did not benefit from government improvement. The Court could decide to return the whole property to the owner if the Estimation Commission verifies the lack of benefit. Article 50. If the partial acquisition leads to damages to the remaining portion of the property, the property owner is entitled to receive compensation for said damages. Article 51. Loss due to Acquisition If implementing the project results in damage to the property which has not been taken, the property owner may request compensation for said damage. In addition, this law does not require consideration of alternatives to relocation for affected people who are encroaching on state lands (squatters). Iraqi civil law No. 40 of 1951 Article 192. It is required to return the money (assets) to the plundered itself and handed over to its owner in place irregularity if it’s exists, or if the usurper has the money elsewhere with him if he (the plundered) wishes he can take the money (assets) there. And request a throwback to the place irregularity will pay for transportation and pantry response to a usurper and this without prejudice Compensation for other damage. This law also recognizes the entitlement of the squatters. 21 / 44 IRAQ EODP AF - RPF 3.2 World Bank Policy The World Bank’s Policy applicable to this project is: The Operational Policy on Involuntary Resettlement Policy OP 4.12. The objectives of the Bank’s OP 4.12 are to: 1. Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs 2. Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least restore them 3. Encourage community participation in planning and implementing resettlement 4. Provide assistance to affected people regardless of the legality of land tenure. The World Bank’s policy requires that a Resettlement Plan be prepared whenever private property must be acquired, or its use modified, for a project, and the acquisition or modification of privately owned lands results in the loss of income, residence or access to resources, either permanent or temporary and whether the occupation is legal or illegal. Any livelihoods impact or impacts on private lands (temporary and/or permanent acquisition) will be addressed through this RAP in accordance with the provisions of the World Bank’s Operational Policy (O.P 4.12). The World Bank’s OP 4.12 has precedence in terms of identification of adversely affected PAPs and provision of mitigation and compensation measures. 3.3 Gaps between Iraqi Law and the Bank Policy In some cases, the rules of Iraqi law may differ from World Bank Policy requirements. This may be the case with regard to the extent of stakeholder consultation/participation in the resettlement process, payment of compensation, grievance redress mechanisms, squatters and encroachers. In all these cases the requirements of the World Bank Policy on Involuntary Resettlement OP 4.12, as outlined in the following sections, will take precedence over the Iraqi regulations. National laws also do not require consideration of alternatives to displacement of PAPs located on State land. The table below summarizes the gaps between the World Bank Policy and Government Law. Table 3-1 Comparison of Iraq Law and the Bank Policy Key Issue WB Iraqi Laws Policy of avoidance or Avoid or minimize by exploring all Not specified (but common practice minimization of viable alternatives; If resettlement by the Government has been to required – execute as sustainable displacement of minimize this to the extent possible) Program. persons Definitions of Adversely People impacted by: People impacted by involuntary Affected Persons 1. Involuntary taking of land 2. Loss of shelter, assets, income taking of land resulting in loss of sources or livelihood land, assets and livelihoods 3. Involuntary restriction of access to protected areas resulting in adverse impacts on livelihood 22 / 44 IRAQ EODP AF - RPF Key Issue WB Iraqi Laws Requirement for Full RAP required for 200+ Law provides for identification Resettlement Action Plan adversely affected people. through land title registration and a (RAP)/ Resettlement Abbreviated RAP for less than 200 compensation committee is formed Policy Framework (RPF) adversely affected people to verify adversely affected persons The law provides for cash compensation for one year of crops lost for the entire packet of land Leased/owned by the PAP. . Council of Minister’s Decision No. 360 of 2008 identifies compensation amounts for crops, trees, etc. 25% of agricultural land can be acquired without compensation. If the entire packet of land is acquired the PAP is provided with 12% equivalent as "private” land. Consultations Affected persons, communities, The only consultation requirement local authorities, NGOs – on is the negotiation procedure eligibility criteria for compensation between affected parties with the and assistance; Displaced persons compensation committee & their communities and host communities – participate in planning, implementing and monitoring resettlement; PAP’s will be meaningfully Consulted Impact on Informal Settlers Included, but only entitled to Law does not provide for resettlement resettlement assistance for structure assistance or mitigation for other assets lost (not land), and informal/illegal settlers. However, in livelihood losses during practice mitigation (cash) is often resettlement. provided Compensation for Replacement houses or full Not available. Housing/Structures replacement costs Compensation for Land Land in urban areas: market value Law provides for acquisition of of land of equal size/use w/similar 25% of land without compensation. public infrastructure and services in Acquisition of whole packets of same vicinity, plus cost of any leased state land provide for transfer taxes (BP 4.12) also known compensation of 25% of that land as replacement cost; packet size, sometime in 23 / 44 IRAQ EODP AF - RPF Key Issue WB Iraqi Laws Agricultural land: market value of agricultural areas and sometimes in land of equal productive potential Urban areas. in vicinity plus the cost of preparing land to levels similar to affected land plus cost of transfer taxes & registration (BP 4.12); “Land” also includes anything growing or permanently affixed to land – including crops (OP 4.12). Livelihood Support/ Provide development assistance Not provided for. Transitional Assistance such as land preparation, credit facilities, training or job opportunities (also includes business premises); (For impacts on agricultural land – PAPs that are actively cultivating affected land are given combination of training, money to invest to improve productivity, agricultural extension and income restoration allowance). Given the differences between GOI laws, regulations and instructions and OP 4.12, the GOI will treat this as an international agreement that the Bank’s OP 4.12 will supersede national laws where gaps are evident and find solutions to ensure that project implementation is in compliance with OP 4.12. Thus, the principles of OP 4.12 will apply to all project activities and guide the land acquisition and resettlement planning and implementation involved in the proposed project. The proposed project will follow the Bank’s disclosure guideline consistent with its safeguards operational policies to include proper in-country disclosure of documents in a form and manner appropriate to, and accessible to the local population. The intent is to make safeguards documents available to all project stakeholders in their local languages, but especially directly impacted populations. 24 / 44 IRAQ EODP AF - RPF 4 Chapter 4: ELIGIBILITY CRITERIA FOR AFFECTED PERSONS 4.1 Defining Affected Persons Project affected persons (PAPs) are defined in this policy framework as individuals (including owners, tenants, sharecroppers, squatters, encroachers, and so on) who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted projects. These impacts may constitute anything from the loss of physical assets such as land (including both permanent acquisition and temporary use), farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to nonphysical assets such as social capital and cultural networks and activities. Moreover, adverse impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas. Table 4-1 highlights some of the key losses that may arise from land acquisition. Table 4-1 Main Categories of Potential Impacts Land 1. Permanent land acquisition and temporary land use (less than two years) 2. Access to land Structures 1. Houses or living quarters (rented or owned) 2. Other physical structures (rented or owned) Income 1. Income from crops 2. Income from wage earnings 3. Income from fishing areas 4. Income from affected business 5. Access to formal employment opportunities Communal 2 1. Public Schools 2. Public Hospitals 3. Markets 4. Community centers 5. Cemeteries 6. Social capital: networks, activities, relationships Religious and Cultural 3 1. Religious shrines 2. Worship areas (mosque, church, synagogue) 3. Cultural, historical, sites Environmental 1. Access to natural resources 2. Negative environmental impacts resulting from land acquisition or from the project itself 2The sub-projects should not be permitted to infringe on or damage in any way public cemeteries or private graveyards or graves physical assets. If extremely necessary, such cases shall be subject to the laws of the Government of Iraq to this regard. 3 The sub-projects should not be permitted to infringe on or damage in any way religious or cultural physical assets. If extremely necessary, such cases shall be subject to the laws of the Government of Iraq to this regard. 25 / 44 IRAQ EODP AF - RPF 4.2 Eligibility Criteria All PAPs who suffer a complete or partial loss of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they occupied or used the land before the claim cut-off date. The Bank OP4.12 specifically proposes three general categories for eligibility as illustrated in Table 4-2. Table 4-2 Eligibility and Entitlement Displacement Category Entitlement Individuals who have formal 1. Compensation for loss in land and assets at full replacement cost. legal rights to land (including 2. In case of physical relocation, provide assistance during relocation (i.e. customary and traditional moving allowances) and residential housing and / or agricultural sites rights recognized under the with productive and location advantages equivalent to the lost sites. laws of Iraq) 3. Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels. 4. Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities). Individuals who do not have 5. Compensation for loss in land and assets at full replacement cost. formal legal rights to land, but 6. In case of physical relocation, provide assistance during relocation (i.e. have a claim to such land or moving allowances) and residential housing and / or agricultural sites assets (provided that such with productive and location advantages equivalent to the lost sites. claims are recognized under 7. Support after displacement, until livelihoods and standards of living Iraqi laws or become are restored to either pre-displacement or pre-project levels, recognized through a process whichever is higher. identified in the resettlement 8. Development assistance in addition to compensation measures (i.e. land plan) preparation, credit facilities, training, job opportunities). PAPs who have no 9. Resettlement assistance (such as cash, employment, other assets and recognizable legal right or land) in lieu of compensation for land claim to the land they are 10. Other assistance necessary for achieving the objectives of the World occupying Bank Policy OP 4.12 4.3 Estimated potential resettlement impacts The project will unlikely involve land acquisition as it will only finance repair and reconstruction of damaged infrastructure of existing footprints. However, it is uncertain that if permanent or temporary land acquisition (less than two years) will occur during project implementation. Anyway, it is hard to estimate the magnitude of the impacts at this stage. 26 / 44 IRAQ EODP AF - RPF 5 Chapter 5: METHODS FOR VALUATION AND COMPENSATION 5.1 Asset Valuation 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. Replacement cost is simply calculated as the cost of replacing the lost assets plus any transaction costs associated with brining the asset to pre-displacement value. However, the valuation of crops will be mainly relied upon the price lists developed by the Agriculture directorate and revisited annually which is determined based on the market prices and productions. In case of the project involves any impacts on interruptions of businesses, compensation will be based on the actual loss of owners and workers. Replacement cost will differ depending on the type of asset, as illustrated in Table 5-1. Table 5-1 Replacement Cost of Assets Asset Replacement Cost Agricultural Land Equals the pre-project or pre-displacement, whichever is higher, market value and leased of land of equal productive potential or use located in the vicinity of the agricultural lands affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. (for leased lands the responsible Ministry will buy the land from the Ministry of Agriculture and the Ministry of Agriculture will Equal the pre-project or pre- displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land Urban Land Equals the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. Houses /Other Equals the market cost of the materials to build a replacement structure with Structures an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Depreciation and salvage materials will not be deducted. Crops and trees Trees and crops will be compensated based on the market value. The market value will be determined a committee of experts with Agricultural Directorate. 27 / 44 IRAQ EODP AF - RPF 5.2 Compensation Compensation will be provided to all individuals whose assets or access to assets is affected or damaged, as a consequence of land acquisition or any other activities undertaken by the projects. The compensation for the loss of physical and nonphysical assets will vary depending on the type of loss, and eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, and/or assistance. All PAPs will be entitled to monetary compensation at replacement cost, at market value (at the entitlement cut-off date) for affected tangible assets. Another option may be in-kind compensation where the affected assets would be replaced with an asset of similar size, value, and quality. The decision on which type of compensation is used should be jointly agreed upon between the project staff and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance needed to restore the livelihood and standard of living of PAPs under the subproject to either pre-displacement or pre-project levels, whichever is higher, shall also be part of the compensation component of any resettlement plan (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc.). It should be noted here that compensation for losses in communal property shall only be in-kind for the community as a whole, and shall take the form of reconstruction of the affected or damaged facility (i.e. public school buildings, markets, etc.) to at least the same standard it was on prior to the project’s implementation. vulnerable and marginalized groups (economically, politically, and socially), the RPF shall be particularly sensitive to the affects which displacement may have on these groups, including the poor, landless, elderly, women, children, ethnic minorities, or persons with specific mental or physical disabilities 28 / 44 IRAQ EODP AF - RPF 6 Chapter 6: INSTITUTIONAL ARRANGEMENTS FOR RESETTLEMENT PLANNING AND IMPLEMENTATION The overall responsibility for Project coordination lies with the Project Coordination Unit (PCU) under the Reconstruction Fund for Areas Affected by Terroristic Operations correlated the Council of Ministers. Project Management Teams (PMTs) will be established within counterpart Ministries to be responsible for sectoral (energy, transport, water and sanitation, municipal solid waste management, housing, health, education, agriculture and irrigation) project implementation. At each of the municipalities (subproject sites), the PMTs will be supported by Technical staff from the Ministries’ regional offices. The overall responsibility for preparation of the RAP will rest with the PMT of line ministries. The PMT within the ministry will: a) be responsible for the routine management of the consultant’s recruitment to prepare the RAPs; b) assign expert from the Ministries’ environmental, social and legal specialists to support this work, and c) provide information required by the consultants. More specifically, the Technical Team of PMT will identify the location of the sub-projects based on various technical criteria and will determine the amount of land needed for the repair or rehabilitation activities. Even for the possible temporary land acquisition needed for the worker camps, it is the responsibility of the PMT. 6.1 Procedures for delivery of Entitlements 6.1.1 Project Social Screening 4 Once the location of sub-projects is determined, PMT and the consultants will obtain all permits/approvals related to the construction activities. Thereafter, the social development specialist of PMT will cooperate with relevant authorities to carry out social screening to determine whether or not the subprojects will result in any resettlement impact and accordingly PMT will decide the need for the preparation of a resettlement action plan or an abbreviated Resettlement Action Plan. 6.1.2 Preparation of Socio-Economic and Inventory Survey Based on the findings and results of the project screening, PMT and the consultants will carry out a socio- economic study and census survey, in which baseline data within the project sites is collected. This information shall include the PAPs and related household members or dependents, total land holdings, and affected assets amongst other things. This information will be put in writing and shall be used in determining the appropriate compensation and assistance for each affected individual / household. The objective of conducting this socio-economic survey is to: 1. Introduce the sub-project to the PAPs. 2. Collect census data to identify PAPs on the individual and household levels. 3. Collect census data to identify vulnerable and affected PAPs. 4. Collect census data on the overall socio-economic environment of the affected communities 5. Identify stakeholders. 6. Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property, structures, income, etc.). 7. Identify any concerns or worries the PAPs may have 8. Identify the resettlement preferences of the PAPs. 4 Please refer to attachment 2 in the ESMF (checklist of possible environmental and social impacts of projects) 29 / 44 IRAQ EODP AF - RPF 6.1.3 Preparation of Resettlement Action Plans Any subproject that shall entail the acquisition of land or may result in the involuntary resettlement of people or loss or restriction of access to private or communal resources will require the preparation of a RAP or abbreviated RAP depending on the number of people affected or the significance of the resettlement impacts. The specific next steps for proceeding with RAP preparation are as follows: 1. Obtain detailed data on land use/land titling information from the land registration department and from Google Earth maps, and demographic and socio-economic and socio-cultural information, to identify who the affected people are under the project is as per OP 4.12. 2. The Project Management Team (PMT) will commission field surveys together with local project managers who are responsible for the rehabilitation of distribution substations of each Directorate, Land Registration Department, and from the Agricultural Department to identify and confirm information on the affected plots and assets. 3. Information will also be gathered on other livelihoods losses such as relocation of vendors encroaching on the project site. 4. Carry out broader socio-economic surveys to define broader social impacts, if any. 5. Define who are the implementation stakeholders; carry out detailed asset valuation; conduct public consultations on the project and proposed mitigations for adversely affected PAPs, develop grievance redress mechanisms; and detail project monitoring systems. The RAP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensation and assistance, and address the means by which the sub-project monitoring and evaluation will take place to ensure that the PAPs receive their compensation and that their grievances are heard and addressed. The mitigation measures and compensation policies proposed in the RAP shall be disclosed to the PAPs for feedback and comments. More specifically, the RAP should include the following when applicable: 1. A description of the sub-project 2. Identification of potential impacts 3. Objectives of RAP 4. Relevant findings of the socio-economic study 5. Legal framework 6. Institutional framework 7. Eligibility criteria and eligible PAPs 8. Valuation and compensation for losses 9. Resettlement measures 10. Site selection, site preparation, and relocation 11. Housing, infrastructure, and social services 12. Environmental protection and management 30 / 44 IRAQ EODP AF - RPF 13. Community participation 14. Integration with host populations 15. Grievance procedures 16. Organizational responsibilities 17. Implementation schedule 18. Costs and budget 19. Monitoring and evaluation If fewer than 200 PAPs are affected, or if all the PAPs suffer only minor impacts (i.e., lose less than 10 percent of their income producing assets), and the subproject does not involve any physical displacement, then an abbreviated plan (ARAP) should be prepared. An ARAP should include: 1. A census survey of displaced persons and valuation of assets 2. A description of compensation and other resettlement assistance to be provided and the basis of compensation rates 3. Consultations with displaced people about acceptable alternatives 4. Institutional responsibility for implementation and procedures for grievance redress 5. Arrangements for monitoring and implementation 6. A timetable and budget 6.1.4 Identification of Vulnerable Groups By conventional definition, the vulnerable population, they are those groups of people who are typically excluded, disadvantaged or marginalized based on their economic, ethnic, social, or cultural characteristics. While various groups could fit within this description (e.g., women, youth, people with disabilities, refugees), there is always a need for a more specific and focused identification for them within the context of the project. The RPF analysis methodology for identifying the vulnerable groups and assessing project’s impacts on them has been influenced by the Sustainable Livelihood Approach (SLA) which helped in setting the scene for describing the context, motivations and resources of the affected vulnerable households. Specific attention should therefore be paid to the needs of the following vulnerable groups, including: a. Persons below the poverty line, the landless, elderly, women, children, disabled b. Project affected persons who may not be protected through national land compensation legislation. Vulnerable people will be identified at socio-economic survey stage. Each RAP to be developed under the project will identify the following factors with regards the vulnerability of those groups: a. Identify vulnerable people b. Identify project impact on them c. Identify required assistance to the vulnerable persons at the various stages of the process: negotiation, compensation, moving, d. Implement the necessary measures to assist the vulnerable person, 31 / 44 IRAQ EODP AF - RPF e. Monitor and evaluate continuation of assistance after resettlement and/or compensation. Assistance provided to vulnerable persons differs depending upon their individual needs and preferences. In general, assistance falls under one or more of the following forms: a. Assistance in the compensation payment procedure (e.g., going to the bank with the person to cash the compensation check), b. Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery. 6.2 RAP Review and Approval The RAP, including the proposed mitigation measures within the plan, will need to be reviewed by the technical team as well as environmental and social team and approved by PMT Head then will be sent to the WB for final review and approval. 6.3 RAP Disclosure Once the RAP is approved by the Bank, it will be translated into Arabic and disclosed locally as well as in the external website at the Bank. 6.4 RAP Implementation The PMT and relevant authorities are responsible for implementation of the RAP. 32 / 44 IRAQ EODP AF - RPF 7 Chapter 7: STAKEHOLDER CONSULTATIONS 7.1 Consultation for RPF preparation Stakeholder consultations have been carried out as part of the RPF updating process. The purpose of the consultations sessions is to present the overall project design; explain its broader benefits at the national level; and begin to outline some of the anticipated adverse environmental and social impacts expected to result from project activities, and to enable the stakeholders to understand the project and its activities, as well as to ensure that their concerns and issues are considered during all phases of the project, including at the planning phase. Specifically, the objectives of the consultations sessions are to: 1. Inform the stakeholders and the public about the project. 2. Identify the main project stakeholders and their concerns. 3. Provide the opportunity for identified stakeholders to participate in the process of scoping significant environmental and social impacts. 4. Identify those environmental and social impacts/concerns which are considered to be of key relevance and importance for the RPF. 5. Ensure that appropriate approach and adequate focus are adopted during the RPF. For this updated RPF, the RF representative carried two round of consultation meetings with key stakeholders, line ministries and government officials in Mosel and in Ramadi on Aug 22, 2017 and on Aug 30, 2017 respectively. Please refer to annex 1 for more details. 7.2 Consultation in Resettlement Planning and Implementation Consultation will be an on-going activity taking place throughout the entire project cycle. Thus, consultation shall take place during the: 1. Project inception and planning, 2. Screening process, 3. Feasibility study, 4. Preparation of project designs, 5. Resettlement and compensation planning, 6. Drafting and reading/signing of the compensation contracts, 7. Payment of compensations, 8. Resettlement activities and, 9. Post compensation monitoring and as relevant community support activities. The consultation and participation must take place through local meetings, radio and television, requests for written proposals/comments, completion of questionnaires/application forms, public consultations and explanations of the Bank financed project ideas and requirements. The consultation must take into account low literacy levels prevalent in rural communities For the RAP preparation, consultations with the affected population, once identified through a census will be carried out on the specifics of resettlement impacts; resettlement options; and on the development of a 33 / 44 IRAQ EODP AF - RPF grievance redressal mechanism suitable for the local context. The details on the census (who is affected); and on impacts (how are populations impacted) will determine the nature of the consultations and outreach methods including for instance, the tools that are best used to dissemination formation about the project; elicit stakeholder participation and also provide data on the nature of consultations to be conducted and how (i.e. informal, small group settings, the use of proxies; specific outreach methods for more vulnerable populations; Outreach methods for women, among other such issues). These will be developed once clarity on the detailed impacts is available. 34 / 44 IRAQ EODP AF - RPF 8 Chapter 8: GRIEVANCE REDRESS MECHANISM The Bank’s OP 4.12 on Involuntary Land Acquisition and Resettlement requires that affordable and accessible procedures for third party settlement of disputes arising from resettlement (i.e., grievance redress mechanisms) would be available. This GRM should take into account the availability of judicial recourse as well as traditional and community dispute resolution mechanisms. In Iraq, the official channel is through court to hand the complaints involved in land acquisition. When the land (either owned by an individual or a government institute) cannot be purchased based on mutual agreement (through a willing buyer-willing seller approach), and there are not alternative sites for the project, the land has to be acquired by using eminent domain. In such case, the project entity or the responsible ministry will go to court and buy the land based on the value decided by the court. The land owners can appeal if they are not satisfied with the court decision. The second court decision will be the final. In addition to the official channel, a Grievance Redress Mechanism has been established at the project level for the parent project to ensure any grievance can be addressed in an amicable manner. The same GRM will be applied the additional financing. Resolving complaints at community level is always encouraged as it could address the problem of distance and cost the PAP may have to face in pursing grievance redress. While the details of the project grievance redressed system will be developed during the course of RAP preparation, and also in consultation with communities, its broad steps to be refined based on further consultations might include the following for written complaints: • First, the affected person sends his/her grievance in writing to the communities / community leaders. The grievance note should be signed and dated by the aggrieved person. Where the affected person is unable to write, s/he should obtain assistance from the community to write the note and mark the letter with his/her thumbprint. The community should respond within 14 days. • Second, if the aggrieved person does not receive a response or is not satisfied with the solution provided by the community, s/he lodges her or his grievance to PMT which should respond within 14 days. • Third, if the aggrieved person is not satisfied with the solution of PMT, s/he can go to the court. In any case, the PMT must maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made. 35 / 44 IRAQ EODP AF - RPF 9 Chapter 9: Resettlement Cost, Budgeting and Funding At this stage, where the locations of the project have not yet been determined, and when the number of PAPs cannot be identified, it is not possible to provide an estimated budget for the total costs of resettlement that may be associated with the implementation of the project. Therefore, activities for resettlement plan will be funded like any other project. All costs related to land acquisition and resettlement under this project will be financed by counterpart funding.. Funds for implementing inventory assessments and resettlement plans will be provided by the implementing agency. In general, the cost of compensation will be borne by the project. The resettlement plan for a Bank financed project should include an itemized, indicative budget and the implementing agency will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the Bank financed project. This budget will be subject to the approval by the implementing agency. The implementing agency will have to finance the resettlement compensation because they will be impacting on the people’s livelihoods. Disbursements based on budgetary requirements, established by the resettlement plan in consultation with PAPs, will be made through the relevant PMTs. 36 / 44 IRAQ EODP AF - RPF 10 Chapter 10: MONITORING AND EVALUATION 10.1 Internal Monitoring In line with WB requirements, internal monitoring for the implementation of the resettlement activities will be carried out by PMT. Internal monitoring will be held every three months, results and findings will be included in quarterly project progress report. The report will mainly cover resettlement policies and compensation standards, resettlement progress, delivery of resettlement compensation, provision of development and transitional assistance to PAPs (especially vulnerable groups), implementation schedule, fund disbursements, land or structure allocation, and grievances and redress. 10.2 External monitoring External Monitoring might be required to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner and ensure the effectiveness of the monitoring and evaluation activities carried out by PMT. The RAP will spell out the monitoring arrangements; more specifically, it will lay down the performance indicators which will be used to monitor the land acquisition and resettlement activities and the procedures to be used. 10.3 Monitoring and Evaluation Indicators The RAP monitoring indicators will be simple but robust indicators or proxies that should be as far as possible visible and verifiable and that will, according to the nature of the impacts, measure the following key outcomes against the pre-resettlement baseline. Some key monitoring and evaluation indicators are shown in the following table. Table 10-1 Monitoring and Evaluation Indicators Monitoring Evaluation Percentage of individuals selecting cash or a Proposed use of payments combination of cash and in-kind compensation Payment of compensation to PAPs in various Conformance to compensation policies described categories in the RAP Number of grievances Timeliness and quality of decisions made on grievances Delivery of technical assistance, relocation, Facilitation of access to technical and payment of transitional subsistence and moving development assistance and transitional allowances allowances Delivery of income restoration and development Ability of individuals and households to restore assistance sources of income Public information dissemination and consultation Timeliness, quality, and effectiveness of procedures consultation and information disclosure 37 / 44 IRAQ EODP AF - RPF 11 Annex 1: CONSULTATION 11.1 Minutes of consultation meetings with key stake holders The Emergency Operation for Development Project Additional Financing (EODP-AF) is classified as Category B according to the WB OP 4.01. Consequently, the preparation of the RPF for the EODP AF requires at least one consultation meeting. The objectives of consultation and participation process are to inform, consult and engage the local community and other local stakeholders about the project. For this updated RPF, the Reconstruction Fund (RF) representatives carried two round of consultation meetings with key stakeholders, line ministries and government officials in Mosel and in Ramadi on Aug 22, 2017 and on Aug 30, 2017 respectively. The purpose of the consultations sessions was to present the overall project design; explain its broader benefits at the national level and outline key anticipated adverse environmental and social impacts expected to result from subproject activities so that the stakeholders gain better understanding of the AF, its activities and potential impacts. Specific objectives of the consultations sessions were to: • Inform the stakeholders and the public about the EODP-AF. • Identify the main project stakeholders and their concerns. • Provide the opportunity for the identified stakeholders to participate in the process of scoping significant environmental and social impacts. • Identify and comment on the key environmental impacts/concerns. • Ensuring that appropriate approach and adequate focus are adopted during the ESMP. Findings of the consultation meetings: there was a general acceptance from participants to the additional financing and they all agreed that the project will give the liberated cities a great benefit besides many people need to return to their houses and farms and return to practice their lives and they can't do it unless they have the main services such as a reliable electricity and drinking water, education services, roads and bridges to activate the economy in the liberated areas. It was emphasized by the participants that there is no legal opposition to the land expropriation to which the reconstruction projects will be implemented and in the case of expropriation of any land belonging to citizens will be compensated in accordance with the Iraqi laws in force and in a manner, that does not conflict with the rules of the World Bank Environmental and Social Management Framework and the Resettlement Policy Framework. In addition, this project will provide job opportunities for local citizens as the business implementation needs to a local staff of various certificates and even stateless certificate workers and at the same time, citizens expressed fears of extending the time period for the implementation of the project because of the urgent need to it at the moment and the possibility of covering other additional necessary opportunities during the implementation. 38 / 44 IRAQ EODP AF - RPF 11.2 Arabic Minutes of Consultation with key stake holders in Mosel on Aug 22, 2017 39 / 44 IRAQ EODP AF - RPF 11.3 Attendance Sheet of Participants in Mosel on Aug 22, 2017 40 / 44 IRAQ EODP AF - RPF 11.4 Photos of participants during consultation meeting in Mosel on Aug 22, 2017 41 / 44 IRAQ EODP AF - RPF 11.5 Arabic Minutes of Consultation with key stake holders in Ramadi on Aug 30, 2017 42 / 44 IRAQ EODP AF - RPF 11.6 Attendance Sheet of Participants in Ramadi on Aug 30, 2017 43 / 44 IRAQ EODP AF - RPF 11.7 Photos of participants during consultation meeting in Ramadi on Aug 30, 2017 44 / 44