RESETTLEMENT POLICY FRAMEWORK Building Resilient Bridges Program (BRB) P174595 Prepared By Albanian Road Authority (ARA) PMT (E&S experts) November 2022 1 LIST OF ACRONYMS ACER Albanian Center for Economic Research ARA Albanian Road Authority ARAP Abbreviated Resettlement Action Plan BMS Bridge Management System BRB Building Resilient Bridges CERC Contingency Emergency Response Component DCM Decision of the Council of Ministers EIA Environmental Impact Assessment EMMP Environmental Management and Monitoring Plan ESMF Environmental and Social Management Framework ESF Environmental and Social Framework ESS5 Environmental and Social standard 5 “On land acquisition, restriction on land use and involuntary resettlement� GoA Government of Albania GRM Grievance Redress Mechanism IoCM Institute of the Cultural Monuments SAC (former)Immovable Properties Registration Office / State Agency of Cadastre SLA Service Level Agreement LGC Local Grievance Committee LGU Local Government Unit NRN National Road Network MoIE Ministry of Infrastructure and Energy MoUD Ministry of Urban Development SAE State Agency of Expropriations OMP Operational Management Plan PAP Project Affected Persons PMT Project Management Team RAP Resettlement Action Plan RPF Resettlement Policy Framework SA Social Assessment WB World Bank 2 Contents Definitions............................................................................................................................................... 4 1. Introduction ................................................................................................................................... 6 1.1 Program Objectives, Phases and Components .......................................................................... 6 1.2 Program COMPONENTS ............................................................................................................. 8 1.3 Project Beneficiaries ................................................................................................................ 10 1.4 Proposed Program area ........................................................................................................... 11 2. Purpose and Principles of the Resettlement Policy Framework .................................................. 13 3. Legal Framework .......................................................................................................................... 14 3.1 Albanian legal framework on land acquisition and expropriation .......................................... 14 3.2 World Bank’s Standards on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS 5) ......................................................................................................................... 18 3.3 Gaps between Albanian Laws and World Bank standards ...................................................... 18 4. Expected project impact and eligibility criteria............................................................................ 28 5. Land Acquisition Planning Process ............................................................................................... 29 5.1 Social Screening ....................................................................................................................... 29 5.2 census, cut-off date, and socioeconomic survey ..................................................................... 29 5.3 RAP preparation ....................................................................................................................... 30 5.4 RAP Approval ........................................................................................................................... 32 5.5 RAP implementation ................................................................................................................ 32 6. Entitlement Matrix ....................................................................................................................... 34 7. Valuation methodology ................................................................................................................ 36 8. Consultation with Affected Populations ...................................................................................... 37 8.1 Mechanisms for consultations ................................................................................................. 37 8.2 Grievance Redress mechanisms .............................................................................................. 37 9. Cost and Funding Arrangement ................................................................................................... 38 10. Institutional and Implementation Arrangements ........................................................................ 38 10.1 Institutional responsibility for project implementation .......................................................... 38 3 10.2 Institutional Arrangements for the Land Acquisition and Resettlement Process Implementation ................................................................................................................................ 61 Table 5. Institutional Arrangements for Implementation ...................................................................... 61 11. Monitoring Program ..................................................................................................................... 61 Definitions Project in Brief Definitions Application file Set of documents prepared to support the request for expropriation submitted to the SAE Case file Set of documents that the Expropriation Commission, established within the SAE finalizes in support of proposal for expropriation to the Council of Ministers Census A field survey to identify people who are genuine owners/ occupants of the land to be acquired under the project and thus will be eligible for compensation and/ or rehabilitation support as provided in this RPF. Compensation Compensation is the payment in kind, cash or other assistances given in exchange for the acquisition of land including fixed assets, as well as other impacts resulting from project activities. Cut-off date Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Expropriation Special commission for application of the expropriation procedure in case Commission of the sub activities. Expropriation Law Law No.8561/22/12/1999 ‘On Expropriation and Taking on Temporary Use of Private Property for Public Interest’ amended The expropriation Law No. 8561 date 22.12.1999, is amended by Law 11 date 12.02.2020. DCM 395 date 13.05.2020 “For the Organization and Operation way of Governmental Agency of Expropriation� Full replacement cost Method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. Depreciation of structures and assets should not be taken into account. For agricultural land it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes 4 Land It refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the project. Land acquisition It means the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project. Local Grievances Local committee composed of three representatives: PAPs, Project; neutral Committee expert to handle all grievances procedures in the affected areas and address PAPs concerns. Local Government The LGUs include Municipalities and Administrative Units as per the new Unit territorial division in force since June 2015. Project Building Resilient Bridges (BRB) Project Affected PAPs are persons affected by land use or acquisition needs of the RAP in Person (s) (PAPs) the framework of the project. These persons(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Region The Project has a national coverage starting from the North to the South of Albania, depending on the Bridges locations proposed to be part of the rehabilitation and upgrade under the project financing. Replacement cost It means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Albanian law for sale of land or property. In terms of land, this may be categorized as follows: (a) “Replacement cost for agriculture land� means the pre-project market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes. Resettlement Action It is a resettlement instrument (document) prepared when projects locations Plan (RAP), are identified. In such cases, land acquisition leads to physical displacement Abbreviated of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, Resettlement Action denial or restriction of access to economic resources. RAP is prepared by Plan (ARAP) or the party (Potential Developer) impacting on the people and their “Resettlement Plan� livelihoods. RAP contains specific and legal binding requirements to resettle and compensate the affected party before implementation of the project activities. RAP is a site-specific report for the current known impacts and is prepared in conformity with the provisions of this RPF with the views of the PAPs. The Resettlement It is an instrument to be used throughout the implementation of project Policy Framework activities as guidance tool. The RPF sets out the resettlement and (RPF) compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. 5 1. Introduction The Government of Albania (GoA) through the Ministry of Finance and Economy (MoFE) and Ministry of Infrastructure and Energy (MoIE), seeks Funding for “Building Resilient Bridges� (BRB) Program, from the World Bank (the Bank). The proposed program is designed to enhance the overall performance of bridges in the Albanian NRN, while providing support to ARA to increase its capacity in managing road and bridge infrastructure through a robust RAMS and BMS. Bridges are identified as key- infrastructure, particularly vulnerable to climate events, and neglected due to the higher investments required for their improvement. In this context, the proposed program will finance the rehabilitation, upgrade, or reconstruction of priority bridges and structures of the NRN, to enhance their operational performance, safety and resilience to climate and geological hazards events exacerbated by climate change. In addition, to ensure sustainability of the investments, the program will finance technical assistance and capacity building activities to improve the capacity of ARA at managing the bridge and culvert assets while reducing the gender employment gap in the road construction sector. The program will have two phases (phase 1 up to 14 bridges and phase 2 up to 16 bridges) to be implemented at the overall period of the program of 8 years, and each phase will have a maximum length of 4 and 5 years respectively. The priority bridges and culverts will be selected based on the following criteria i) socio-economic importance due to their location along key economic and trade corridors, or connecting vulnerable populations to public services, jobs and market centers; ii) bridge characteristics and condition of the bridge structure requiring intervention within the next seven years period, until the project closing date (iii) importance of the road where the bridge is located including traffic volumes, (iv) vulnerability to climate and natural hazards; v) redundancy of the road network (existence of alternate routes); and (vi) road safety on bridges and their access roads with priority given to higher risk bridges i.e. the ones with significant number of crash fatalities and injuries. 1.1 PROGRAM OBJECTIVES, PHASES AND COMPONENTS The main aspect of this program focuses on a learning agenda that will enable the implementing agency to maintain its existing bridge stock and rehabilitate/rebuild them in the most efficient way possible. The MPA will provide the framework to prioritize investments in bridge interventions and establish a methodology for planning and implementing periodic bridge maintenance that will continue to be used after the MPA closes. The program will also address sustainability through the establishment of Road and Bridge Assets Management Systems (RAMS/BMS). Bridges to be funded under this program will serve as pilots and will allow the implementing agency to learn by doing. Phasing under the MPA would provide for a structured approach, cascading through planning, prioritization, design, construction, and bridge asset management systems. The program will feature a strong apprenticeship. The proposed Program Development Objective (PrDO) is to improve operational performance and resilience to climate change and natural hazards of Albania’s critical bridge infrastructure. The project development objective (PDO) of Phase 1 is the same: to improve operational performance and resilience to climate change and natural hazards of Albania’s critical bridge infrastructure The MPA will provide a deeper opportunity to focus on results. The key impacts will be: improved mobility, improved competitiveness of Albania road transportation and more resilient supply chains, in 6 addition to enhanced institutional capacity in the transport sector. These will be measured through the proposed PrDO outcome indicators, which will include: • Resilient Bridges - Reduction of disruption to road-users as a result of weather events and natural disasters - Number of bridges reconstructed or rehabilitated over the program period (25-30) • Bridge Operations - Multi-year bridge maintenance and renewal program The MPA’s phasing has been determined in consultation with the Borrower. The overall period of the program will be 8 years and each phase will have a maximum length of 4 and 5 years respectively.. Based on the nature of the development challenge and reduced capacity of ARA to undertake the activities to be financed under this programmed, it has been considered that this period is optimal for setting up the platform during the first phase for all main activities and start the bridge infrastructure pilots. This will enable the program to combine in both phases physical interventions and capacity building for all key program areas which includes Road/Bridge Asset Management Systems, resilience to climate change and disaster risk management, road safety and gender inclusion in the construction sector. Phase 1 of the program amounts to US$55 million. This phase will focus in building institutional capacity within MoIE and ARA, along with the reconstruction or rehabilitation of up to 14 bridges, which will serve as a pilot for the next phase. The first two bridges have been designed and have been audited for resilience, in readiness for the first year of the program and will be audited also for road safety. This Phase will also include TA designed to launch activities under each component; including the learning needed to mainstream resilience to climate change and road safety into bridge designs; initiate the RAMS/BMS; develop the internship for women engineers and pilot the first interns. The main intermediary results under this phase include the (i) Reconstruction or rehabilitation of up to 10 bridges, (ii) Design of the BMS, (iii) Design of the Service Level Agreement (SLA), (iv) Data collected for Pavement and Bridge Management Systems (v) Implementation of a female engineer internship pilot program. Phase 2 of the program amounts to US$45 million. This phase will incorporate lessons learned from the first phase bridge investments, providing a more mature approach for the selection, design and packaging of the next phase bridge investments. The RAMS/BMS and the SLA, both designed under Phase 1, will be developed and start to become operational in phase 2. The main intermediary results under phase 2 will include: (i) Rehabilitation or reconstruction of up to 16 bridges, (ii) BMS in use and trained staff maintaining and inputting data, (iii) a defined process for funding and maintenance of bridges (through the SLA and BMS), (iv) Development of prioritized plan for future bridge renewals, and (v) Continuation of the female engineer’s internship program. 7 1.2 PROGRAM COMPONENTS The project consists of the four following components: Component 1: Bridge Infrastructure (estimated total cost: US$ 44 million). This component will finance: (i) the rehabilitation or reconstruction of priority bridges and culverts on the NRN, including design studies and supervision of works, and equipment for data collection and monitoring; and (ii) road safety and resilience audits. Rehabilitation includes replacement in-situ of the existing bridges’ deteriorated parts, such as (but not limited to) the substructure or superstructure, adjacent protection structures (retaining walls, breakwater, gabions, etc.), other protection measures (rock fall nets, debris flow retention actuations, slope stabilization solutions, etc), and access and exit roads to and from the bridge. Rehabilitation includes the upgrade or retrofit in-situ of the existing bridges to accommodate new operational requirements such as increased road capacity and traffic levels, enhancing road safety, and improving resilience to changes in climate conditions (by increasing headroom and flow capacity) and to natural disasters (earthquakes). Reconstruction is considered in the cases of fully depreciated existent bridges. Construction of new bridges and access and exit lines is envisaged when bridge rehabilitation or in-situ reconstruction is not technically possible, or the dimensions of the bridge would not suffice for the climate adaptation. In all cases, the provision of safe passage for pedestrians and non- motorized vehicles will be considered and can be financed by the subcomponent Component 2: Institutional capacity building (estimated total cost: US$ 7 million). To ensure sustainability of the investments under Component 1, this component will finance: (i) technical assistance activities and training aimed at strengthening the capacity of ARA at managing the bridge and culvert assets, including, aligning the Albanian bridge design codes, construction and maintenance, with those of the EU (Eurocodes) and international practices with specific focus on resilience to climate change and natural disasters, and road safety; (ii) equipment and software to support the upgrade of the bridge management system (BMS) module and of the umbrella Road Asset Management System (RAMS); (iii) the training of ARA’s staff to properly use the RAMS, and BMS as part of it, for future monitoring and the maintenance planning of the assets; (iv) capacity building for ARA to develop an internship program and training for women students or graduates to reduce the gender gap in the construction sector; and (v) technical assistance for supporting ARA to develop with the MoIE a Service Level Agreement with Key Performance indicators (KPIs) to improve budget planning for maintenance. Component 3: Project management (estimated total cost: US$ 4 million). This component will finance incremental operating costs for project implementation in ARA and its Project Management Team (PMT). Incremental operating costs include overall project administration and management, financial management, including financial audits, procurement, contract administration, and management of social and environmental safeguards. In addition, this component will finance the collection and analysis of project data for the project monitoring and evaluation including to report on the progress of the project indicators in the results framework. This component will also finance equipment to sustain and facilitate PMT to complete its functions, including but not limited to transportation means, information technology (IT), and office equipment. 8 Component 4: Contingency Emergency Response Component (CERC) (estimated total cost: US$0). This zero-dollar component is designed to provide a rapid response in the event of an eligible crisis or emergency, by enabling the GoA to request the World Bank to reallocate project funds to support emergency response and reconstruction where needed. A Contingent Emergency Response Component (CERC) annex will be included in the Project Operations Manual (POM), specifying the implementation arrangements for the component, including its activation process, roles and responsibilities of implementing agencies, positive list of activities that may be financed, environmental and social aspects, and fiduciary arrangements. When the Government has determined that an eligible crisis or emergency has occurred, it can request and seek agreement of the Bank to include relevant activities under the Project. In such situations, all environmental and social instruments as may be required for the added activities need to be prepared, disclosed and approved by the Bank. Table 1: Sequencing of activities across the MPA. Phase 1 – IPF Phase 2 – IPF ▪ Construction works for the ▪ Construction works for the rehabilitation or rehabilitation or reconstruction of priority reconstruction of priority Rehabilitation or bridges and culverts: a) bridges and culverts: a) Up to reconstruction of Viroi Bridge, b) Beshiri Additional Bridges priority bridges, Bridge, c) Up to 8 culverts and Additional Bridges ▪ Construction Supervision associated Services ▪ Construction Supervision structures Services ▪ Procurement and Component 1: Installation of Bridge Bridge ▪ Designs of Additional Sensors for monitoring Infrastructure Bridges ▪ Climate Resilience audits ▪ Climate Resilience audits for bridge designs for bridge designs ▪ Road Safety Audits at 3 ▪ Road Safety Audits at 3 Climate stages: for bridge designs, stages: for bridge design, Resilience and during construction and, in during construction and, in Road Safety. operation operation ▪ DRM Study for new bridges (guidelines) ▪ RAMS Data Collection. ▪ RAMS Data Collection. Continue and expand Pavement, drainage and Pavement, drainage and Bridge condition surveys, Bridge condition surveys, to Component 2: Road and Bridge for an extended number of the whole NRN. Institutional Asset Km from Albania’s NRN. Capacity Management ▪ Training ARA on how to Building ▪ Establishing a Multiyear input and analyze data. How Budget planning. to sustain the system. ▪ Designing the SLA, and ▪ Establishing dedicated definition of the KPIs funding for road and bridge 9 maintenance: through the SLA ▪Disaster Loss Database and ▪DRR Strategies and Risk Assessments, to Emergency Protocols, to Disaster Risk support ARA be compliant support ARA be compliant Management with civil protection law with civil protection law 45/2019 45/2019 ▪ Road and Bridge corrective ▪ Road and Bridge Road Safety measures: design and corrective measures: Data Management implementation of an action Analysis plan ▪ Review lessons learnt form ▪ Support to identify the the first-phase internship institutional barriers for program to improve capacity women in ARA an MoIE, and adapt the program and how to address them accordingly. Gender ▪ Design and build an ▪ Internship program for internship program female students or graduates ▪ Internship program for female students or graduates ▪ Operating Costs ▪ Operating Costs ▪ Monitoring and Evaluation ▪ Monitoring and Evaluation ▪ Project Management Team ▪ Project Management Team Component 3: Equipment Equipment Project Project Management ▪ Training ▪ Training Management ▪ Review ARA/PMT ▪ Review ARA/PMT performance and adapt the performance and adapt the program with specific program with specific training if required. training if required. 1.3 PROJECT BENEFICIARIES The main project beneficiaries are road users, including users by individual vehicles, cyclists, pedestrians, non-motorized transport, and the road freight operators at the national level. Since the bridge interventions under the project will be in several points of the NRN throughout the country, the improvement in the conditions, safety, and the climate and disaster resilience of bridges in the NRN in Albania will enhance the reliability of road transport at all times in the country Climate resilient bridges will increase mobility and traffic demand particularly in the areas of the country that are most prone to climate change and natural disasters. The beneficiaries of safer bridges will include a large part of the Albanian population as not only vehicles circulating in the NRN, but also pedestrians and people living in the vicinity of the bridges to be rehabilitated and upgraded. However, direct project beneficiaries have been estimated to be around 300,000 people. The enhanced climate resilience, reliability and safety of the bridges in the NRN will benefit the economy and the nation as a whole. Improved mobility in the NRN due to the rehabilitated and upgraded bridges will encourage more trade and investment in Albania. Also, the current disruption of traffic and 10 isolation of entire regions every year due to extreme weather or earthquakes cause substantial losses to the Albanian economy and encourage rural populations to migrate to cities and abandon the agriculture activities, resulting in severe labor shortage. This is in addition of the total cost incurred by the government and the economy to restore the damaged infrastructure and other damages caused by its collapse. ARA will benefit from the enhancement of its capacity in managing bridge infrastructure with the upgraded BMS. Enhanced capacity includes capacity for planning, designing, implementing, supervising and maintaining safer and more climate- and disaster-resilient road bridge infrastructure. Through the remote sensing and modernized equipment, ARA will also be able to continuously monitor the bridge and culvert assets’ conditions and deterioration patterns, preempt climate induced disasters and intervene in a timely manner to avoid or limit impacts. Within the activities under Component 2, women engineers and technicians will benefit from increased opportunities for jobs and training in the bridge design, construction and management sub-sector. 1.4 PROPOSED PROGRAM AREA The proposed program is expected to have a national coverage, based on the locations of the proposed potential bridges as presented under the table 1 below: Table 1. Preliminary list of proposed Bridges, respective Locations and expected type of intervention. Bridge Name Road section Type of intervention Orikum Pusi Mesinit - Kryqëzim Palasë Reconstruction Selenice Vlore Reconstruction & Upgrade Dragot Tepelene Reconstruction & Upgrade Ura 1 Tirane - Ndroq - Plepa Reconstruction & Upgrade Ura e Drithasit U-101-01-02 Libonik- Plasë Rehabilitation Ura 2 Tirane - Ndroq - Plepa Reconstruction & Upgrade Ura e Lekrit km 39+435 Përmet - Carshovë Reconstruction & Upgrade Ura e Lekrit km 46+605 Përmet - Carshovë Reconstruction & Upgrade Ura e Lekrit km 47+538 Përmet - Carshovë Reconstruction & Upgrade Ura e Lekrit km 51+050 Përmet - Carshovë Reconstruction & Upgrade Ura e Lekrit km 36+426 Përmet - Carshovë Reconstruction & Upgrade Ura e Lekrit km 51+707 Përmet - Carshovë Reconstruction & Upgrade Ura Petran U-75-07-11 Përmet –Çarshovë Rehabilitation Ura e Lekrit km 25+815 Përmet - Carshovë Reconstruction & Upgrade Dodës U-31-02-01 Kukës – Peshkopi Rehabilitation 11 Burrel – Klos Skuraj – Burrel Rehabilitation Ura e Babanit U-03-08-01 Bilisht - Baban Reconstruction Ura e Zajes U-31-01-01 Kukës – Peshkopi Rehabilitation Ura e Topojanit U-06-06-01 Skuraj – Burrel Rehabilitation Ura e Kirit , U-05-01-01 Shkoder - Mjede Rehabilitation Kryqëzim Ulëz (Historic bridge?) U- 06-02-02 Skuraj – Burrel Rehabilitation Ura e Lekrit km 28+375 Përmet - Carshovë Reconstruction & Upgrade Klosit U-06-03-05 Skuraj – Burrel Rehabilitation Valbonës U-22-04-01 Bajram Curri – Sopot Rehabilitation Ura km 13+723 Ersekë - Leskovik Reconstruction & Upgrade Ura km 5+000 Ersekë - Leskovik Reconstruction & Upgrade Qafë Mali – Fushë Arrez Skuraj – Burrel Rehabilitation Burrel – Klos Skuraj – Burrel Rehabilitation Ura e Karicës U-06-02-04 Skuraj – Burrel Rehabilitation Kryqëzim Ulëz – Burrel Skuraj – Burrel Rehabilitation Klosit (dalje) U-06-04-01 Skuraj – Burrel Reconstruction Ura, 11+8 m Skuraj – Burrel Rehabilitation Qafë Mali – Fushë Arrez Skuraj – Burrel Rehabilitation Lajthizë Qafë Shllak – Qafë Mali Rehabilitation Qafë Mali – Fushë Arrez Skuraj – Burrel Rehabilitation Ura, 3x6.5 Skuraj – Burrel Reconstruction Qafë Mali – Fushë Arrez Skuraj – Burrel Rehabilitation Ura, 1x14m Burrel – Klos Rehabilitation Ura e Gojan U-30-03-03 Hadroj – Gjegjan Rehabilitation Ura, 3+010 Fier - Kufi Tepelenë Rehabilitation Gjirokaster, 64+400 Kufi Mallakastër - Kakavijë Rehabilitation Ura Bahcallek, Km 37+000 U-01- 06-01 Lezhe – Shkoder Rehabilitation Lezhes, Km 1 + 800 Lezhe – Shkoder Rehabilitation Kakavie, 90+450 Kufi Mallakastër - Kakavijë Rehabilitation Ura e Zogut (historic bridge) U-06- 01-01 Fushë Milot - Milot Rehabilitation Ura e Shkumbinit U-04-03-02 Rrogozhine - Lushnje Rehabilitation Ura, km 40+960.0 Durres - Fier, SH4-N Rehabilitation Ura, km 41+520.0 Durres - Fier, SH4-N Rehabilitation Ura e Lezhes, (mbikalimi i trenit km 2+700) Lezhe – Shkoder Rehabilitation Ura e Peqinit Rrogozhine - Elbasan Rehabilitation Ura e Drinit te Bardhe Kukes - Krum Rehabilitation 12 Ura Plezhe, Km26+800 U-01-06-02 Lezhe – Shkoder Rehabilitation Ura e Murrashit Elbasan - Librazhd Rehabilitation Ura Gjadrit, Km 2+517 U-05-01-07 Mjede-Kukes Rehabilitation Ura Fushe-Arrez 61+457 Mjede-Kukes Rehabilitation Ura e "Drinit te Zi" U-05-04-07 Kukes - Morine Rehabilitation Ura ne kryq. Velipoje, Km35+600 Lezhe – Shkoder Rehabilitation Ura pas Usekut 25+900 Lezhe – Shkoder Rehabilitation Ura e Balldrenit U-07-01-06 Lezhe – Shkoder Rehabilitation Ura (Kryqezim Hadroj) Mjede-Kukes Rehabilitation Ura e Peshkatarit U-03-01-03 Tirane - Elbasan Rehabilitation Sagice, Km 4 + 500 Muriqan - Shkoder Rehabilitation Ura Spathari Nr.1 U-05-01-03 Shkoder - Mjede Rehabilitation Ura e Zeze U-01-02-01 Fush Kruje - Thuman Rehabilitation Ura km 94+986 Mjede-Kukes Rehabilitation Ura e Spatharit Nr.2 U-05-01-04 Shkoder - Mjede Rehabilitation Ura Bicaj 57+673 U-05-03-06 Mjede-Kukes Rehabilitation Ura km 80+718 Mjede-Kukes Rehabilitation Ura e Oblikes Km 6+500 U-41-01- 01 Muriqan - Shkoder Rehabilitation Ura km 82+098 Mjede-Kukes Rehabilitation Ura km 94+080 Mjede-Kukes Rehabilitation Ura Kthesa e Mjedes U-05-01-05 Shkoder - Mjede Rehabilitation Ura e Suçit U-06-03-03 Klos - Peshkopi Rehabilitation Ura, km 113+033 Mjede-Kukes Rehabilitation Ura Gomsiqes, Km 23+917 Mjede-Kukes Rehabilitation Ura, km 115+537 (near Kalimash) Mjede-Kukes Rehabilitation Ura, km 66+243 Mjede-Kukes Rehabilitation Ura, km 63+600 Mjede-Kukes Rehabilitation Ura, km 67+110 Mjede-Kukes Rehabilitation Ura, km 67+368 Mjede-Kukes Rehabilitation 2. Purpose and Principles of the Resettlement Policy Framework The purpose of this RPF is to provide policy and procedures to mitigate loss of private lands and non- land assets, as well as the resultant loss of income, due to the implementation of the Project in line with the World Bank ESF standards, concretely ESS 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement, as well as the applicable Laws and Regulations of GoA. The RPF is prepared because the footprint of investments to be financed under the Project, and thus the exact scale and scope of impact, can be known only during project implementation. A site-specific Resettlement Action Plan (RAP)/ Abbreviated Resettlement Action Plan (ARAP) will be prepared in line with the provisions of this RPF and submitted to the Bank for clearance, as and if relevant. 13 Overall, subprojects should be designed and implemented in such a way to avoid and minimize loss of private assets. Unavoidable impacts should be addressed with mitigation measures that will sufficient to restore pre-subproject level livelihoods. Affected people should be adequately consulted with and meaningfully participate in the development and implementation of mitigation measures. The following is a summary of the key principles applicable under the BRB: i. Consultation and participation of affected communities: Local population including but not limited to people who may be directly and adversely affected by the project will be meaningfully consulted with and participate in the development and implementation subprojects financed under the Project. In particular, their views and perspectives will be incorporated in the RAPs to be developed for respective subprojects. ii. Minimization of impact: The Project will make every effort to avoid and minimize loss of land and non-land private assets by ensuring a meaningful consultation with and participation of local population throughout subprojects development and implementation processes. iii. Compensation at replacement value: where loss of land and non-land assets cannot be fully avoided, efforts will be made to fully compensate for such losses and restore pre-subproject level livelihoods by mitigation measures including but not limited to cash compensation at replacement value to be provided before such losses or impacts occur. iv. Preparation of a Resettlement Action Plan (RAP/ARAP): where losses of land or non-land private assets cannot be avoided and mitigation measures need to be provided, a RAP/ARAP will be prepared in line with the procedures provided in this RPF, and approved by the Bank, before implementation of such subprojects starts. v. Negotiated compensation options: Wherever possible, a consensus must be reached with affected people on the mitigation measures to be provided and compensation to be paid. All land conflicts shall be resolved in a transparent manner and in a manner that is not coercive. Attempts shall be made to resolve conflicts at each city. Where this is not possible, courts of law shall be consulted. vi. Considerations on vulnerable social groups: These are groups that include people from the population with minimal assets, illiterate, and/or aged who may need special help in re- establishing livelihoods. Gender differences should be monitored as female�headed households may lose out to more powerful households. Resolution of gaps between Albanian laws and the Bank’s ESS 5: In case of any gap or misalignment between the Albanian legal framework and World Bank ’s Standards on Involuntary Resettlement, provisions of this RPF, as part of the international agreement signed between the Republic of Albania and the World Bank, will apply based on the expropriation Law No. 8561 date 22.12.1999, amended by Law 11/2020 date 12.02.2020. 3. Legal Framework 3.1 ALBANIAN LEGAL FRAMEWORK ON LAND ACQUISITION AND EXPROPRIATION On Article 41/4 of the Albanian Constitution1 it is provided: “The expropriations or limitations of a property right that are equivalent to expropriation are permitted only against fair compensation� Furthermore, on the European Convention on Human Rights, it’s provided in the Art. 1 “Right to 1 Albanian Constitution, Article 41/4, http://www.pp.gov.al/web/kushtetuta_perditesuar_822.pdf 14 property� of the Protocol 12: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions expect in the public interest and subject to the conditions provided by the law and by the general principles of international law…� In this spirit it’s in power Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�3 amended. The mentioned law provides the entire procedure how an expropriation procedure begins, for which reason, from which subject and the right of the owners to contest the evaluation of the property made unilaterally from the state institutions. Anyway, an international agreement ratified by law has priority on application in front of a common law. (Art. 122 point 2of the Albanian Constitution4) Furthermore, if a law creates a collision with an international agreement ratified by law, it will be applied the international agreement. This principle provides a guarantee that the international loan agreement signed between the Albanian Government and World Bank, has priority on application in front of the common law, especially in front of the mentioned law “On expropriation….�. At this moment the law that is in force for the regulation of expropriation in Albania is the Law no.8561 date 22.12.1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, which has been recently amended by the Law 11/2020 date 12.02.2020 “ For some changes and additions to the law no.8561...�. This amendment is published on the Albanian Official Journal on 10th of March 2020, and has entered into force on date 25 of March 2020 (15 days after the law has been published). The basic changes that have been approved on the law “On expropriation� through the amendment -the law no. 11/2020 date 12.02.2020, are described as follows: First, for the very first time it recognizes the right to define and calculate the compensation of the properties under private ownership, expropriated for public interest, based on the stipulations of the international agreement rectified by law for the realization of projects. Specifically, provisions in this RPF will govern compensation of private properties affected under the Project, as part of the international agreement between the Republic of Albania and the World Bank on the Project. Second, a new agency is being established that is called State Agency for Expropriations and referring to the article 11, point 5 of the Law 8561, dated 22.12.1999, amended by law no.11/2020, dated 12.02.2020, it is an institution under the dependency of the minister responsible for the urban development, and has the main responsibilities as follows: a) Plan and administer the requests for expropriation from the respective institutions; b) calculate the value of the compensation for each property affected by the expropriation; c) supervises the progress of the expropriation procedures; d) create a data base for all the expropriation procedures and the payment of each expropriation cost; e) is entitled to enter in negotiations with the subjects that will be expropriated , regarding the value of the expropriation compensation and the time limit for the liquidation of this value, precise rules for the manner of handling the negotiations with the expropriated subjects are defined by the Council of Ministers, based on the proposal of the minister responsible for the urban development. 2 European Convention on Human Rights, Article 1 “Right to property�, http://www.echr.coe.int/Documents/Convention_ENG.pdf 3 Law No. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 4 Albanian Constitution, Article 116, http://www.pp.gov.al/web/kushtetuta_perditesuar_822.pdf 15 In the context of this project, preparation of an expropriation plan including calculation of compensation, as well as supervision of expropriation process and negotiations with people affected by expropriation, will be carried out by ARA/PMT or competent consultants hired by ARA, in line with this RPF (See Section 3.3 below). The Council of Ministers by Decision no.395, dated 13.05.2020 has defined the manner of organization and functioning of the State Agency for Expropriation. Another change is that, the request for expropriation shall be submitted to the State Agency for Expropriations, and not to the competent ministry as was foreseen before the approval of the amendment - Law no.11/2020, dated 22.12.1999. Meanwhile the proposal in the Council of Ministers for the approval of the request for expropriation is done by the minister responsible for the urban development, which regarding the actual structure of the Government, refers to the minister of the infrastructure and energy. A short resume of the principles provide by law no. 8561, dated 22.12.1999 “On expropriation…�, amended by Law no. 11, dated 12.02.2020 is provided below: • The project aims public interest (Art. 8/ç of Law “On Expropriation...)�5; • The beneficiary subject in the expropriation process will be the relevant Municipality of each city (Art. 9 of the Law “On Expropriation…)�6 • The Municipality needs to submit the request with a list of necessary documents to the State Agency for Expropriations; • The State Agency for Expropriations has to follow the legal procedure, on publishing the request for expropriation, collecting the complaints of the affected owners, and preparing the draft of the sub legal act for the Council of Ministers; • The procedure will be considered complete, when the owners through a statement approve the transaction of the property in favor of the GoA; • The proposal in the Council of Ministers for the approval of the request for expropriation is done by the minister responsible for the urban development. • The decision for the expropriation (for the owners that do not agree with the expropriation) will be approved by the Council of Ministers and will enter into force immediately, also it will be published in the Official Journal; • The owners affected have the right of complaint to the Court for the compensation and if they don’t follow this procedure, the decision of the Council of Ministers will be an executive title. Two other legal considerations are to be emphasized: - The devaluation of property7 During the land acquisition for public interest it might happen that some properties will not be necessary to be taken from the owner, but in the same time the owner will not be able to enjoy the property like earlier and thus he has the right to be compensated for the devaluation of his property. Such as the case of two plots which are affected to the extent of more than 80%, but not entirely. This instrument is not applied so often in practice, but it is provided by law 8561,, and as per article 18 is stated “Compensation is given for the value of the depreciation of the property in cases when the expropriation for public interest is accompanied by the depreciation of the part of the property that has not been expropriated or of the property located near the one that is expropriated. The cases, ways and calculations of the amount of compensation are 5 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, Article 8ç , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 6 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, Article 9 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 7 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, Article 18 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 16 determined by the instruction of the Council of Ministers.� - The provisional taken on possession of the property8 During the land acquisition it might happen that certain properties are needed to be taken in possession for temporary use, such as the case for expansion of the village road to allow large vehicles to pass during the works for the implementation of the project. In such cases, the part of private land needed will be temporarily acquired and returned to the original owners after the project, but on payment of rent. The request on a temporary possession of a property needs to be addressed to the State Agency for Expropriations, describing the property, the reason, the term and the compensation for the owner. The owner has the right to raise a complaint to the court against such decision. The Council of Ministers Decision No. 138 dated 23. 3. 20009 provides the legal criteria for the evaluation of properties affected by expropriation. − Land: The estimation of expropriated of urban lands, lands within the yellow line town and administrative unit properties shall be determined according to the prices approved by Council of Ministers Decision deriving from Law No. 133 date 2015 “On the treatment of property and finalization of the process of compensation of property�. − Residential properties: Value of expropriation compensation for residential properties shall be based on the average sales price according to the records of the State Agency of Cadaster. − Industrial and Agricultural properties: The value of expropriation compensation for industrial and agricultural properties shall be based on the average sales price according to the records of the Ministry of Infrastructure and Energy / State Agency for Expropriations. Depreciation of property must be subtracted from the price. − Agricultural land, forested areas, etc: The estimate value of compensation for agricultural lands, forested areas, pastures and grasslands shall be determined based on the prices approved by Council of Ministers Decision complementary to the Law No. 133/2015 On the treatment of property and finalization of the process of compensation of property� . In cases where there are no prices approved for certain regions, the evaluation for agricultural lands, forested areas, pastures and grasslands is determined based on the average sales price available at State Agency of Cadastre − Fruit trees: For fruit trees the estimated value is calculated considering costs of investment and expenses. This value is calculated per unit (number of fruit trees) or unit per land surface (m² of vineyard, nursery etc.). The investment present in the land, the total expenses and different amortization factors are foreseen by special Ministry of Agriculture directives.10 − Crops: For crops the estimated value is calculated based on the expected yield and market unit price.11 − Illegal constructions: For investments made by property owners who are not registered at the former IPRO State Agency of Cadastre (without a title), the entity which initiates the expropriation has the right to complete the procedure if: the owners of the property have either (i) started an administrative process at the former Agency for Legalization and Integration of 8 Law no. 8561, dated 22. 12. 1999 “On Expropriations and Temporary Takings of the Private Property for Public Interest�, Article 27-37 , http://www.energjia.gov.al/files/userfiles/Koncesione_2/2015/Ligji-_8561.pdf 9 The Council of Ministers Decision No. 138 dated 23. 3. 2000, http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc 10 The Council of Ministers Decision No. 138 dated 23. 3. 2000, http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc 11 The Council of Ministers Decision No. 138 dated 23. 3. 2000, 17 http://www.transporti.gov.al/files/userfiles/Shpronesimet/VKM_138_date_23_03_2000.doc Informal Properties (ALUIZNI) according to Law No. 9482, dated 3.4.2006 "On legalization, urbanization and integration of informal properties (updated�12; in case the illegal building (or additional works on the existing building) have been previously declared and have been qualified later for legalization permit from former ALUIZNI, based on the criteria set in the Council of Ministers Decision No.438, dated 28.6.2006 "On the criteria, procedures and required documentation that determine legalization of informal properties�13; or (ii) are in the process of taking a legalization permit, etc. 3.2 WORLD BANK’S STANDARDS ON LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT (ESS 5) The World Bank’s ESS5 on land acquisition, restriction on land use and involuntary resettlement recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlement� refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement The World Bank standards also require the application of the local laws for the valuation and compensation of losses as far as they fit the principles of the WB (Achieving the replacement cost for lost assets). For all losses of assets attributable directly to the project, the ESS5 requires that full compensation at replacement value needs to be provided. 3.3 GAPS BETWEEN ALBANIAN LAWS AND WORLD BANK STANDARDS As extensively described in the following table, the gap analysis between Albanian framework on land easement and acquisition and WB standards, are mainly related to the following aspects: - compensation value during expropriation is not defined according to a specific study on compensation values that takes into account the replacement cost at market value; - consultation and disclosure process is not defined and there are no specific requirements in the Albanian legislation; - planning process - no requirement for any participatory planning process as per Albanian legislation; - informal or unregistered ownership and usufruct rights - legislation does not recognize the rights of informal possessors, owners/users therefore not eligible for resettlement and livelihood restoration support; and - grievance management and resolution is applicable only during the two-week public notice of the expropriated file. Based on the recently updated article 8, point 2 of the Law No. 11/2020, dated 12.02.2020, which has amended the Law No. 8561 date 22.12.1999 “On expropriation …�, provisions of this RPF, which 12 For more, please refer to the Full Version of the Law: http://www.planifikimi.gov.al/sites/default/files/Ligji_nr.9482_per_legalizimin,_urbanizimin_dhe_integrimin_e _ndertimeve_pa_leje,%20i%20ndryshuar_1.pdf 13 For more, please refer to: http://www.aluizni.gov.al/vendim-nr-438-per-percaktimin-e-kritereve-te- procedurave-dhe-dokumentacionit-te-zbatueshem-per-te-kualifikuar-objektet-ne-ndertim-qe-legalizohen-ose-jo/ 18 forms part of the international agreement between the Republic of Albania and the World Bank, will apply where gaps exist. Table 2. Gap Analysis between Albanian Framework on Easement and Acquisition and WB Standards (ESS 5) 19 Measures for bridging the Topic / Issue WB International Standards Albanian Law Provisions Gaps gaps Albanian legislation, including the Expropriation Law, does not recognize “Involuntary resettlement� as per “involuntary resettlement�. Issues the ESS5 refers to resettlement, related to land acquisition in the public physical displacement (loss of interest are regulated by Expropriation Conducting, site specific RAP/ARAP shelter) and economic Law. The law regulates the right of the The key gap is that Albanian which shall include measures and displacement (loss of livelihood). state to expropriate properties of natural legislation does not recognize design adequate support and The ESS5 covers both: 1. Land or juridical persons in the public interest resettlement or loss of livelihoods assistance commensurate to the acquisition, which includes: (a) versus compensation. In addition, associated to land acquisition. The impact, as a way to bridge the gap. resettlement of PAPs (b) purchases compensation is to be provided for the law recognizes affected persons PAPs informal owners of buildings of property; (c) purchases of devaluation of properties which are not who have formal legal rights only. shall receive cash compensation. PAP Involuntary property rights (i.e. easements; the object of expropriation. The law Restrictions that result in people is entitled to cash compensation at resettlement – rights of way) 2. Imposition of regulates temporary occupation of land experiencing loss of access to replacement cost for construction of Physical and restrictions that result in people (e.g. for construction works, setting up physical assets or natural similar quality construction with economic experiencing loss of access to construction sites, etc.), for up to 2 years, resources are not addressed additional moving and transitional displacement physical assets or natural resources. against compensation. explicitly by Albanian legislation. allowances Standards requires to prepare a No requirement for any Resettlement Action Plan (or participatory planning process as Livelihood Restoration Framework per Albanian legislation. if no physical displacement is Albanian legislation does not set anticipated). The RAP includes a out any requirements for the census and detailed socioeconomic The application for expropriation in the preparation of resettlement or baseline. Affected persons are to be public interest should include a detailed livelihood restoration plans. In informed and consulted during the list of properties to be expropriated, addition, there are no planning process. Special provisions based on the ACA register. However, it requirements in respect of RAPs, Census Survey and Socio- have to be made in respect of does not deal with socioeconomic issues. consultation with persons economic impact assessments shall consultation with vulnerable Affected owners are to be notified of the affected or for special attention to be prepared in addition to national Planning process groups. application for expropriation vulnerable groups. requirements 20 Consultation and disclosure Meaningful consultations with process is not defined and there affected persons and communities, are no specific requirements in local authorities, and, as the Albanian legislation; appropriate, non-governmental National legislation does not organizations needs to be carried The PAPs are contacted in the very require public consultation with The Project promoter shall consult out process of expropriation, but there is no affected persons and publicly on this and every other Public consultations public discussion. communities. individual resettlement instrument in the absence of national government procedures, the date of completion of the census and assets inventory represents the cut- off date for eligibility. Individuals who move into the project affected area after the cut-off date are not eligible for compensation and other types of assistance. Information regarding the cut-off date should be It is understood that the date of the The Project promoter shall consult well-documented and disseminated Council of Ministers decision on publicly on this topic and explain its Cut-off date throughout the project area. expropriation is the cutoff date. No gap importance. 21 Negotiated settlements are encouraged by the Expropriation Law. Art. 6 of the Expropriation Law provides that when the owner agrees to transfer his/her property to the state, under conditions (compensation) offered by the competent ministry, expropriation is considered completed. The owner has to inform the competent ministry within 15 days from being notified (publication) whether accepts the offer (art.16). If an agreement is not reached, after a Negotiated settlements are decision on expropriation is passed by encouraged to help avoid the Council of Ministers, the affected expropriation and eliminate the owner has the right to appeal to the Negotiated need to use governmental authority court regarding the amount of settlements to remove people forcibly. compensation (art.24) No gap 22 Per Expropriation Law, compensation value to be based on assessment of affected properties by the Expropriation Committee and confirmed by COM Decision. This provision Compensation value during Compensation for lost assets to be explicitly states that depreciation of expropriation is not defined provided at replacement cost, structures and assets is to be taken into according to a specific study on usually calculated as the market account. If agreement on compensation compensation values that takes value of the assets plus transaction is reached, transfer of property and into account the replacement cost costs related to restoring such payment of compensation to take place at market value; assets (registration and transfer within 15 days from notification by Albanian legislation does not take taxes). Depreciation of structures affected owner that he/she accepts the account of transaction cost, and and assets should not be taken into offer (art.16). If not, compensation is provides that depreciation is to be account. Compensation (alternative provided based on a decision on taken into account, which does housing and/or cash compensation) expropriation of the Council of Ministers, not meet the Standards The Project promoter shall calculate Compensation Value has to within a period of three months, or after “replacement the transaction cost in the total and Timing be provided prior to relocation. the court decision (art.23). value� requirement budget 23 Adequate housing is measured by quality, safety, affordability, habitability, cultural appropriateness, accessibility and location characteristics, including access to infrastructure and services. Security of tenure means that resettled persons are The Expropriation Law does not Physical displacement is not protected from forced evictions, to foresee compensation in kind and anticipated, and this requirement is the greatest extent possible. New Law on Social Programmes for the therefore there are no provisions therefore unlikely to apply. However, resettlement sites built for Housing of Inhabitants of Urban Zones of adequate housing with security for each individual RAP, refereeing to Provision of adequate displaced persons should offer sets out the criteria for housing of tenure. The Expropriation Law the specific project, this shall be take housing / shelter with improved living conditions with requirements (minimum living areas in does not include any provisions in consideration if there will be security of tenure security of tenure. sqm/person) about resettlement requirements. foreseen physical displacement. According to law no. 9355, dated Specific assistance for vulnerable 10.03.2005 “On social assistance and groups is not part of the services�, vulnerable persons are expropriation process in Albania. entitled to various forms of social However, legal tools exist outside Specific assistance for vulnerable welfare payments or a range of of the expropriation process to The Project promoter shall provide Vulnerable groups groups. community-based services. provide assistance. legal and resettlement assistance 24 ESS5 distinguishes three main categories of affected people: 1- those who have formal legal rights to affected assets are eligible to full compensation at replacement cost for land and structures as applicable; 2- those who have no formal rights to affected assets at the time of the census, but who have a claim to land that is recognized or recognizable under national laws, are eligible to similar The Expropriation Law addresses people compensation as those in Category in Category 1. The Cadaster Law 1; 3- those who have no addresses people in Category 2. The law recognizable legal right or claim to no. 9232, dated 13.05.2004 “On social the land they occupy are not programs for the housing of inhabitants necessarily eligible to of urban areas� establishes a legal compensation for land but should framework for the development of social receive: (i) compensation for housing programs in Albanian structures that they own and municipalities, which may apply to occupy and for any other people in Category 3. The law defines the Informal or unregistered Eligibility for improvements to land at full administrative regulations and ownership and usufruct rights - compensation / replacement cost; and (ii) in case of procedures that will ensure the planning, legislation does not recognize the resettlement and physical displacement, a choice of management and distribution of social rights of informal possessors, entitlements in case options for adequate housing with housing to vulnerable people, in line with owners/users therefore not of physical security of tenure and resettlement their income and the level of state eligible for resettlement and Specific measures to be devised in displacement assistance. support. livelihood restoration support. RAPs 25 A grievance mechanism should be set up as early as possible in the process, to receive and address in a timely fashion specific concerns about compensation and relocation that are raised by displaced persons and/or members of host Expropriation Law provides for the right Grievance management and communities, including a recourse of the affected persons to bring actions resolution is applicable only mechanism designed to resolve before the courts for seeking higher during the two-week public notice disputes in an impartial manner. compensation from that defined in the of the expropriated file. The grievance mechanism, process, decision on expropriation enacted by the While there is no requirement in or procedure should address Council of Ministers, but affected people Albanian law to establish an extra- concerns promptly and effectively, cannot challenge the expropriation judicial grievance mechanism, this using an understandable and process per se. Claims do not cause does not contradict the process transparent process that is suspension of the outlined in Albanian law as long as The Project promoter shall set up a culturally appropriate and readily expropriation process, though they may affected people can keep on grievance mechanism for two tiers, accessible to all segments of the result in a higher compensation to be enjoying their constitutional right including internal one and external, Grievance affected communities, at no cost paid if so decided by the competent to address any claim to the before PAPs resort to Justice, the last mechanism and without retribution. court. competent court as they see fit. resort of the grievance mechanism. It is necessary to provide assistance either during construction. Particular attention is to be paid to the needs of poor and vulnerable It is necessary to provide individuals and groups. Either for assistance either during the expropriated PAPs the client construction. Particular attention Additional assistance should support technically the PAPs to vulnerable individuals and Support during construction. Support to PAPs in order to take the compensation. No particular legal provision groups after expropriation 26 The Expropriation Law obliges the The client should summarize the Ministry to notify persons affected information contained in the directly (either by registered mail or Resettlement Action Plan or other means of notification having Livelihood Restoration Framework confirmation that notice is received by for public disclosure to ensure that the addressee; in case the addressee affected people understand the resides abroad, the notification will be compensation procedures and made through publication in the know what to expect at the various administrative unit/municipality where stages of the project (for example, the land subject to expropriation is when an offer will be made to them, located) and to publish during an entire Apart from notifications to how long they will have to respond, week the application for expropriation in affected people, there is no grievance procedures, legal the Official Journal as well as in national requirement in Albanian law to procedures to be followed if and local newspapers. Within fifteen consult and to disclose negotiations fail). Consultations will days after the last date of the documentation publicly. continue during the publication, the persons subject to However, such consultation and Information implementation, monitoring and expropriation should inform the ministry disclosure are not prohibited and Such consultation and disclosure are disclosure and public evaluation of compensation on their claims related to the properties can be accommodated as a not prohibited and can/should be information payment and resettlement affected by the expropriation. specific measure. accommodated as a specific measure. 27 4. Expected project impact and eligibility criteria In the implementation of the Project, several social impacts could affect the community and population in the areas of the projects, depending on the type and scale of subproject to be implemented. Table 3. Categories of losses and their impacts on project affected persons Loss Category Social Impacts Physical relocation Highly unlikely to occur, especially on a large scale, and such an impact will be avoided and minimized to the extent possible. If it happens the impacts could be in one to maximum ten facilities and this could less likely be homes and more likely business related, support facilities. In this case, the following impact may occur: impoverishment, disturbance of production systems, loss of sources of income14 Loss of land and non- Loss of assets or access to assets, increased time to access resources, impacts on land assets without the livelihoods physical relocation In line with the ESS5 of the World Bank, following groups of people are eligible for compensations and/ or other types of mitigation measures, if they are found to occupy or use the land on cut-off date (which is the date of the commencement of the Census): a. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; c. those who have no recognizable legal right or claim to the land they are occupying. Affected persons classified under paragraph (a) and (b) shall be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the project in accordance with the provisions of this RPF. Persons covered under sub-section (c) above are entitled for compensation for the loss of non-land assets they have built on the land that will be acquired by the Project, and resettlement assistance in lieu of compensation for the land they occupy. Communities including villages permanently losing land, resources and/or access to assets is highly unlikely. Table 4. General Typologies of Project Affected Groups for the Building Resilient Bridges Program General Typology Definition Private land Owners Are those who have legal title to land, structure and other assets Informal land users Are those who have occupied state/municipal/communal lands without formal permission for residential, business and or other purposes Encroachers Encroachers are persons who have extended their building, agricultural lands, business premises or work places into state/ municipal/communal lands. Tenants Tenants are those persons having tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. 14 Impacts such as loss or weakening of community system and social networks; loss of access to social amenities such as hospitals, schools and water; dispersion of kin groups, loss of cultural identity and traditional authority, loss or reduction of potential for mutual help, and emotional stress, would not occur given the type and scale of the subprojects. 28 Business owners Those owners of commercial entities who will need to close their businesses, temporarily or permanently, due to the implementation of the project, affected by land take. Vulnerable groups: Are those groups such as those who are under social assistance schemes, women-headed households, handicapped/disabled and landless families, who will be dealt with on a case-to-case basis. 5. Land Acquisition Planning Process Implementation of the project activities, (According to the components), will include mainly improvement of the Bridges infrastructure and expansion/rehabilitation of the existing structures. These activities may require land acquisition, leading to people’s denial or restriction of access to land resources, services and social amenities. In this case, Resettlement Action Plans (RAP) must be prepared in accordance with this Resettlement Policy Framework (RPF), through the following steps: 5.1 SOCIAL SCREENING When a subproject is identified, it will be screened to identify if it may impact land and/ or non-land private assets against the screening checklist which is attached in Annex 1 of this RPF. Social screening will be conducted by ARA/PMT social specialist in partnership with beneficiary municipalities. Specifically, the social specialist will send to the relevant beneficiary municipalities the concept of the subproject identified and the social screening checklist and procedures, and request organizing a consultation meeting with local population. Beneficiary municipalities together with ARA will inform local population of prospective consultation meetings early on and distribute the project concept broadly so local population can participate in consultations meaningfully. The social specialists will fill the social screening checklist together with relevant officials of beneficiary municipalities, and participate in consultation meetings and prepare minutes. Based on the result, the social specialists will determine if land or non-land private asset may occur under the subproject identified. When no land or non-land private asset is found to be affected by the subproject, no further action needs to be conducted, except that grievance mechanisms should be set up and local population continue to be consulted throughout the life of the subproject. If social screening indicates that land and/ or non-land private assets may be affected, ARA/PMT social specialists will inform the ARA relevant staff in charge of the engineering design of the subproject of the potential impact, and seek measures to avoid or minimize such an impact. If it is found that impact on land and/ or non-land private assets cannot be fully avoided, the social specialist will start the process to prepare a Resettlement Action Plan (RAP). 5.2 CENSUS, CUT-OFF DATE, AND SOCIOECONOMIC SURVEY Once it is confirmed that land or non-land private assets are to be affected under a sub-project, a census will be taken. Census is a field-based survey to identify genuine owners/ occupants of the land to be affected by the project and thus will be eligible for compensation and/ or rehabilitation support as provided in this RPF. Compensation eligibility will be set for each subproject on the day of the beginning of the PAP Census (Cut-off date). The Cut-off date will be announced to local population well in advance through local media and other appropriate means. PAPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle 29 affected structures prior to subproject implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. In the case of absentee owners (e.g. people with legal rights to the land but who are living elsewhere), they are eligible for compensation and the ARA should make, and document, good faith efforts to find them and inform them about the process. These efforts may include efforts to reach them through their neighbors, publication of an ad in newspapers informing about the process, etc. If they cannot be found, and in accordance with local requirements, the compensation amount must be allocated in an escrow account and be made available to absentee owners when they reappear. Once the Cut-off date is set, a socioeconomic survey will be conducted for each sub-project. It should address the following, at minimum: • Baseline socioeconomic information of affected people including: demographic information of affected people, land use and ownership types; sources of income and vulnerability, etc. • Inventory of assets owned by affected people, scale and scope of impact and asset loss, leading to the development of the Inventory of Loss. • List of businesses that may be affected, including those with and without formalities to run the business. • List of vulnerable people. • Cadastral data to determine the boundary of land ownership. • List of people without formal ownership or recognizable rights to using the land and/or building structures on the land, and the description of legality of ownership. • Community assets or cultural resources that may be affected by the project. • Summary of consultations conducted with affected people. • All other relevant information. 5.3 RAP PREPARATION Once data on socioeconomic profile of affected people and the scale and scope of impact and loss have been collected, the Resettlement Action Plan (RAP) will be prepared for the subproject. When less than 100 people are expected to be affected, abbreviated RAP may be prepared. A Resettlement Action Plan (RAP) should address, at minimum: • Description of the subproject. General description of the subproject • Potential impacts Identification of: o Subproject components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project; o Zone of impact of such components or activities; o Scope and scale of land acquisition and impacts on structures and other fixed assets; o Any project-imposed restrictions on use of, or access to, land or natural resources; o Alternatives considered to avoid or minimize displacement and why those were rejected; and o Mechanisms established to minimize displacement, to the extent possible, during project implementation • Objectives. The main objectives of the resettlement program • Census survey and baseline socioeconomic studies: o Characteristics of affected households (production systems, labor, household organization; and livelihoods derived from both formal and informal economic activities; standards of living; etc.); o Information on vulnerable people; o Public or community infrastructure, property or services that may be affected; o Affected people eligible for compensation and rehabilitation support; and o Baseline conditions for monitoring and evaluation purposes 30 o Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non- title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area;(however, there will be no case where all communities will be resettled) o Patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; and o Socioeconomic and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g. community organizations, ritual groups, nongovernmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities, to the extent that is relevant. (There will be no cases where whole communities will be displaced) • Legal framework. o Scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; o Applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project; o Laws and regulations relating to the agencies responsible for implementing resettlement activities; and o Gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps • Institutional framework: o Agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; o Capacity of implementation agency(ies) in implementing land acquisition and resettlement in line with this RPF, including possible capacity development measures. • Eligibility. Criteria to determine eligibility for compensation and other resettlement assistance, including relevant cut-off dates. • Valuation and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. • Resettlement assistance. If a subproject requires the physical relocation of households or businesses, the assistance to be provided them including arrangements to secure adequate housing or business structures and transitional support. • Community participation and consultation: o Strategy for consultation with, and participation of, affected people in the design and implementation of the resettlement activities; o Summary of views expressed by affected people and how they are taken into account in preparing the resettlement plan; • Institutionalized arrangements by which affected people can communicate their concerns to project authorities throughout planning and implementation. • Implementation schedule. Anticipated dates of displacement, compensation payments and other activities to clear lands for purposes of, and linked to, subproject preparation and implementation. 31 • Grievance redress mechanism. Affordable and accessible processes and procedures including responsible parties and budget to allow those who believe have been adversely affected by the project to air their concerns. • Monitoring and evaluation. Arrangements to monitor RAP implementation processes and evaluate outcomes of RAP implementation. • Costs and budget. Estimated cost of RAP implementation. Abbreviated Resettlement Action Plan should address the following, at minimum: • Census survey of displaced persons and valuation of assets: (List of affected people and how they are affected. What are they losing concretely and valuation?) • Description of compensation and other resettlement assistance to be provided: (self- explanatory: what is being given and how they are helped) • Consultations with project affected persons (PAP) about acceptable alternatives: (report on consultation) • Institutional responsibility for implementation and procedures for grievance redress: (who does what? and when?) • Arrangements for monitoring and evaluation of ARAP implementation • Time table and budget: (timing for each step and the costs) ARA will verify at the time of subproject implementation, if any of the residents has ownership claims on the property in case where this is a public land. If someone has such ownership claims, the LGU and MoIE must assist them to obtain property titles and compensate them for the expropriated property. 5.4 RAP APPROVAL ARA will submit the draft RAP/ ARAP to the Bank for clearance. No physical works should start where a draft RAP/ARAP has not been cleared by the Bank, or till the cleared RAP/ ARAP has been fully implemented and affected people have received their entitlements fully. 5.5 RAP IMPLEMENTATION The State Agency for Expropriations (SAE) by public notice, precisely by the publication in the Official Journal and publication in the official web page of the SAE should inform the public of its intention to land acquisition for the sub projects. A copy of such notice shall be served to each owner, occupier and person or agent having an interest in the land thereof. The names and addresses of the owners, occupiers and agents shall be readily ascertainable. The notice shall clearly state the below mentioned information: Government’s proposal to acquire the land; The public purpose for which the land is requested; Proposal or plan that may be inspected at the SAE or in the Office of the LGUs/ARA Project Management Team, during working hours; and Guidance to any person affected who may, by written notice, object to expropriation, land acquisition or resettlement. Compensation payments should be made before any acquisition of assets or physical resettlement takes place unless those payments are staggered to enable affected people to begin preparation of new sites. The overall responsibility for payments on expropriation claims for the Project is under the Council of Ministers. The Council of Ministers is responsible for issuing the expropriation decision and authorizing the funds required. The land acquisition transfer must be fully completed, and payment made, before any Works can be executed on the expropriated property. Each PAP will receive the compensation 32 payable into a bank account opened by the owner for purposes of the expropriation. Such sums will be approved by a DCM and the funds will be passed to the bank account of each PAP(s), according to the banking documentation provided by them. The PAPs should be individually informed by the bank within upon the transfer of compensation into the account. Any cost associated with account opening and maintenance will be covered by the Ministry and the banking service will be offered free of costs to each PAPs. The transfer of payment will be made after the publication in the Official Gazette of the Decision of Expropriation. The Decision of the Council of Ministers for expropriation is effective (enter into power) immediately and is published in the Official Gazette. In the event of an appeal in the Court, when no agreement is reached, if the compensation payable is not agreed upon between the government and the land owner, such compensation shall be determined by the Court. In these conditions the person gets the money from the bank, but depending on judicial decision he is entitled to receive an additional benefit. 33 6. Entitlement Matrix Types of Eligible The right of compensation Impact people Owner/Holder Compensation in cash or in-kind for affected land equivalent to the market Expropriation of the property value of the property, enough to replace lost assets and cover transaction of lands title costs. If remaining land becomes economically unviable, such lands will also be acquired and compensation at replacement values be paid. Compensation in cash or in-kind equivalent to the loss of land value as a Owner/Holder result of land use restrictions. Where affected people are no longer able to Land use of the property maintain their assets (buildings, trees, etc.) as a result of land use restriction, restrictions title including for income generation, compensation at replacement value will be provided. Owner of the building, without regard Compensation in cash or in-kind for structures partially or completely Loss of to legal status affected without depreciation. Salvage materials will be handled over to buildings of the land affected persons. where the building is built Los of illegal building in own Land and building will be compensated same as the legal building land Los of illegal building in Materials will be compensated. Not for the land public land Owner of the crop without regard to legal Compensation in cash equal to the fair market value of the affected crops. Loss of status of the Efforts will be made so construction will start after farming season to avoid standing crops land where loss of standing crops. lost standing crops are planted Owner of the tree without regard to legal Compensation in cash based on the type, age and production value of Loss of trees status of the affected trees. land where lost trees are planted Temporary loss Fees agreeable to affected occupants of the land. Any damage to assets will Occupants of of and/ or be compensated by responsible agency (ARA or the contractor, as relevant) the land access to land at replacement value. Affected If permanent loss of sources of income (including as a result of land use people with or restriction), payment of cash equivalent to income over six months; if Loss of income without full temporary loss of income, payment of cash equivalent for income during the formalities stoppage time, based past year average income/ turnover. 34 Residents, Physical relocation of households and businesses will be avoided to the Physical business extent possible, but if unavoidable, provision of sufficient allowance to relocation owners/ cover transport expenses and living expenses/ salary/ rent for three months employees (as relevant); and support to search alternative residence/ business sites. PAP below poverty line, Vulnerable elderly, Subsistence grants to displace poor /vulnerable families. Employment people disabled, priority in project-related jobs. female headed HH Public utilities/ Replacement or restoration of damaged or lost public utilities, parks, buildings/ Municipalities cultural heritage or other tangible assets of communal or social value to cultural , communities local communities. heritage 35 7. Valuation methodology Land: The evaluation method for estimating the compensation should consider all the available sources of information in order for the proposed value for compensation to reflect the market value / replacement value of the land. Main assumptions to be taken into consideration in the methodology frame could be related with the current regulatory framework for land expropriation and its recent amendments; financial analysis on net income stream on the sites and its neighborhoods; eventual transactions (sales and leasing) on the region. Buildings: Value of residential dwellings, commercial structures, and other affected structures (such as barns, fences, and outdoor cooking facilities) will be valued at replacement value based on construction type, cost of materials, type of construction, labor, transport and other construction costs. No deduction for depreciation and transaction costs will be applied. This method will be applied for the areas with no real estate market. For the partial impact (if the loss is less than 15%), compensation is paid for the replacement value of impacted structures. Valuation also shall include the cost of access to water supply if the displaced structure had access or if the replacement location does not provide access. Estimated costs shall be sought from PAPs and other local residents and from contractors and suppliers in the affected areas. These estimates do not include the cost of land. Incomplete dwelling units or units that have collapsed shall be valued based on replacement cost of materials. Standing crops and trees: Compensation for standing crops will be based on farm gate rate. Trees will be valued according to different methodologies depending whether the tree lost is a wood tree or a productive tree. Wood trees will be valued based on age category (a. seedling; b. medium age tree and c. fully grown trees), their timber value and volume. Fruit/productive trees will be valued based on age (a. seedling; b. adult-not fruit bearing; and c. fruit bearing). Stage (a) and (b) trees will be compensated based on the value of the investment made; stage (c) trees will be compensated at net market value of 1 year income x number of years needed to grow a new fully productive tree. The unit compensation rates will be assessed by Project consultants or by the authorized independent evaluator based on clear and transparent methodologies acceptable to WB. 36 8. Consultation with Affected Populations To ensure the interests of the affected persons are fully included in the RAP process and income restoration, a thorough consultation with the affected persons, representatives of any affected group, any interested group and the various administrative and government departments will be conducted throughout subproject preparation and implementation processes. 8.1 MECHANISMS FOR CONSULTATIONS In addition to documenting the expropriation procedures indicated above, once the tentative arrangement of the civil works is identified, each sub-project beneficiary (LGUs) in cooperation with ARA will hold public consultations to discuss land acquisition processes. All those who own or occupy lands to be affected by respective subprojects will be invited to consultation meetings, in which they will be explained about the project and the expected impact, and their entitlements for compensation and other mitigation measures. The aim of consultations at this stage is to ensure all people who may be potentially affected by respective subprojects become aware of the nature of the subproject, potential impacts, their entitlements, and avenues to air grievances. A leaflet will be prepared that will describe the nature of the subproject, potential benefits and impacts, as well as contact information of persons responsible for the subprojects including public relations officers of relevant LGUs and social staff of ARA/PMT, which will be shared with participants of consultation meetings and notified to local population broadly at relevant public places. The leaflet will also describe Grievance Redress Mechanisms for respective subprojects. Consultations will continue into the detailed designs and implementation of subprojects, in order to ensure that the views of potentially affected people are adequately addressed in line with this RPF. 8.2 GRIEVANCE REDRESS MECHANISMS Grievance Redress Committee (GRC). A Grievance Redress Committee will be established for each subproject to address complaints and grievances including those that may be related to loss of land and non-land assets as well as negative impacts on income and livelihoods. The Committee will include relevant LGU staff and ARA staff. ARA will also set up an ad hoc Grievance Handling Committee that will be organized when grievances that cannot be addressed at the municipal level are elevated to the higher level. Procedure: Under the guidance of the ARA/PMT social specialist, the GRC will make every effort to achieve an amicable settlement of all grievances raised for respective subprojects. Complainants may send their grievances through emails, letters or phone calls. Anonymous submission of complaints is allowed. The GRC will respond to the complainants in writing within 10 days of the receipt of the grievance. If this attempt fails, ARA will organize the Grievance Handling Committee to discuss grievances and identify solutions that are consistent with national laws and this RPF. A response will be sent to complainants, in writing, within 10 days of the receipt of the grievance. If complainants are still not satisfied, they are free to lodge a court case to seek a remedy. Local population of municipalities where a subproject will be implemented will be informed of the Grievance Redress Mechanism during consultation meetings. The leaflet of subprojects to be prepared will also describe the Grievance mechanisms and disseminated widely within the municipality. Detailed processes and procedures to handle grievances will be provided in the Operations Manual. The functioning of the GRM will be regularly monitored and evaluated by ARA/PMT social specialists and reported to the Bank through regular progress report. 37 9. Cost and Funding Arrangement The cost of RAP implementation will be covered by the Project. The cost of RAP implementation in particular cost of compensation can only be estimated when respective subprojects are identified, however, all subprojects will require cost of (i) ARA staff in managing social impacts of respective subprojects and (ii) developing a RAP for respective subprojects, if relevant. ARA has already hired a social specialist within the PMT and will maintain the capacity throughout project implementation. Regarding the cost of RAP preparation, the total cost will depend on the number as well as complexities of RAPs to be prepared, but it will be included in the cost of subproject preparation and covered from the Project budget. The budget for compensation will be provided by the Government of Albania based on the subproject specific RAP based on the expropriation Law No. 8561 date 22.12.1999, amended by Law 11/2020date 12.02.2020. 10. Institutional and Implementation Arrangements 10.1 INSTITUTIONAL RESPONSIBILITY FOR PROJECT IMPLEMENTATION The former Ministry of Urban Development, currently Ministry of Infrastructure and Energy has ultimate responsibility for the implementation of all project components along with the ARA. A committee composed of PAP-Project Authorities will be constituted to be responsible for overseeing the implementation of the RAP. ARA will prepare the RAP/ARAP based field visits and on data received from the LGU and other institutions. ARA will also cooperate with all local institutions to provide a successful implementation of the RAP. The RAP will be submitted to the WBG for clearance prior to implementation. A property evaluation study, an integral part of the design, will serve as the basis for the preparation of the RAP/ARAP. The LGUs (Municipalities, Administrative Units) are the final beneficiaries of the project implementation. From the institution it is required continuous assistance and presence during all the progress of the project. Former Immovable Property Registration Office / State Agency of Cadastre for each District in the Project area, under the authority of the Central Registration Office, which are responsible for identifying and verifying property boundaries and ownership. Land Administration and Protection Offices (formerly Cadastre Offices) under the Region, which will clarify land allotment certificates for agricultural land that has not been formally registered and transferred to SAC. The Regions and the Municipalities will be responsible for the coordination of the implementing procedures and execution of the compensation. 38 10.2 INSTITUTIONAL ARRANGEMENTS FOR THE LAND ACQUISITION AND RESETTLEMENT PROCESS IMPLEMENTATION Table 5. Institutional Arrangements for Implementation Description of Steps Institution Timing Remarks responsibilities RAP Planning Identification of possible The screening process will identify and evaluate Screening ARA/PMT / LGU / or During project impact on land possible impacts on land and/ or non-land private Consultant on behalf planning/inception and/ or non- assets, during the early stages of the project. of ARA phase land private assets Identification of PAPs, ARA/PMT / LGU / or calculation of During project Information on project effects, needs for Step I Consultant on behalf RAP value design phase RAP/ARAP, evaluation and verification of PAPs of ARA conform the WB ESS5 Explanation on assets to be affected, identification of the best way for compensation, explanation of ARA/PMT / LGU / or Project design, time of compensation, main actors on PAP Step II Consultant on behalf prior to final implementation process, procedures to be Consultation of ARA design preparation undertaken and the rights for Grievance. The information must have been available to PAPs 20 days prior to the meeting. ARA/PMT/ or Grievance Since the early The Grievance Committee needs to be formalized Step III Consultant on behalf Committee stage of project and specific contacts need to be given to the PAPs. of ARA Creation planning ARA/PMT /or Preparation of During project Preparation of draft RAP/ARAP Report compliant Step IV Consultant on behalf draft RAP design with ESS5 of ARA report ARA/LGU/or Consultation of Consultation of draft RAP/ARAP with affected During project Step V Consultant on behalf draft RAP with communities and allowing time for receiving design of ARA PAP grievances ARA / LGU /or Preparation of Prior to start of Preparation of final RAP/ARAP Report Step VI Consultant on behalf final RAP works considering comments of WB and MoIE of ARA report Approval of final Prior to start of The WBG must provide No Objection to the RAP Step VII WBG RAP/ARAP works prior to initiation of its formalization process report Request for ARA/LGU/ State Fulfill of criteria provided by law, especially the expropriation Prior to start of Step VIII Agency for necessary documents that prove the expropriation for public works Expropriations (SAE) needs interest State Agency of Prior to start of Raising of Expropriation Commission, verification Expropriation of documentation on proprieties, calculation and Step IX Expropriation works Commission at verification of compensation value (State Agency of Expropriation) has to examine the request and documents If the legal criteria are fulfilled the SAE starts the expropriation procedures. If not, the request will be rejected. Compile the agreement Prior to start of Local authority/ARA/ considering Give solution and incite agreements supporting Step X works SAE /PAPs pretends of any PAPs requests upon legislation parts and legislation Formalization and execution A decision of the Council of Ministers for / of RAP/ARAP Prior to start of compensation will be issued, in line with the Step XI ARA/SAE to enable works Resettlement Policy Framework and WB ESS5, compensation based on the approved RAP/ARAP of PAP’s Approve the decision of the Prior to start of DCM shall be implemented 1 month after Step XII Council of Ministers expropriation works declaiming on official newspaper for public interest; Ensure that the Expropriation Commission decisions are based in Prior to start of ARA / Grievance Evaluation of compliance between interested part Step XIII Albanian works Committee requests Legislation and WB E&S standards and considers PAPs requests Agreement tbd with PAP’s Important: the fair evaluation of the properties Step XIV about expropriation. MoIE/ SAE Publication of the notice for The procedure must be followed carefully and the respecting the right of the third persons to prevent expropriation - the complaint to the Court Declamation Examine the suggestions and The expropriation it will be done for the persons the complaints who will accept to be compensated with the of persons conditions published. affected by the process Prepare the draft decision Preparation of DCM on PAP compensation for Council of Ministers. Or Reject the proposal to MoIE with the suggestion to review, if it is not in conformity with the law. Pay the compensation to persons affected by the project Assistance on tbd relationship between PAPs ARA (or Consultant and Local and on behalf of Governmental Verification of compatibility of the agreement Step XV ARA)/Grievance authorities, between interested parts. Committee verifications, and supervision of RAP implementation ARA/PMT provides a clearance memo for start of Issuing of Prior to start of works that ensures that compensation / mitigation Step XVI ARA/PMT clearance works measures are implemented before any impacts memo related to land acquisition take place RAP Implementation If needed, tbd assistance of PAPs on grievance procedures for ARA (or Consultant administrative Step on behalf of bodies, RAP If PAPs will have grievances XVII ARA/PMT)/Grievance procedures, Committee compensation values etc and support PAPs grievances on the Court Step Opening a Bank tbd PAPs Institutional support of the compensation process XVIII Account and reporting it at the MoIE Pay the tbd compensation Ensure that compensations are done in respect to persons (amount and time) of agreements signed by Step XIX MoIE / LGU affected by the interested parties and before starting the project expropriation implementation before the civil works begin Ensure that the tbd process ARA (or Consultant implementation Ensure that compensations are done in respect Step XX on behalf of has considered (amount and time) of agreements signed by ARA/PMT) all pretends by interested parties both interested parties Prepare the tbd final report on Considering that compensations should be finished Step XXI ARA/PMT RAP before starting the project implementation. implementation Step Assignment of tbd Ensure a signed document that shows the RAP is XXII the disclosure finished and the compensation is done. process MoIE, PAP, ARA/ according the tbd LGU interested This document also will verify that in the future the parties expropriate lands are ownership of MoIE demands and in respect of DCM 11. Monitoring Program ARA/PMT is overall responsible for the monitoring and evaluation of the implementation of this RPF and of respective RAPs/ARAPs at the subproject level. The main objective of RPF is to improve or at least restore the social and livelihood resources of people affected by respective subprojects. The process of implementation should ensure that this objective is achieved over a reasonable time with allocated resources. Therefore, the monitoring of RPF implementation processes and the delivery of institutional and financial assistance to affected people are designed as an integral part of the overall functioning and management of the Program. RPF implementation will be regularly supervised and monitored by ARA’s social specialist placed within PMT, at the project level and responsible persons of the LGU at the subproject level. The beneficiary LGU will monitor land acquisition processes using the monitoring and evaluation indicators (process, delivery and impact indicators). The purpose of the monitoring and evaluation is to provide feedback to all stakeholders on progress made in view of a timely and comprehensive implementation of respective RAPs and to identify problems as early as possible to facilitate well-timed adjustment of implementation arrangements. The objectives are to: a) Ensure that the standard of living of affected people is restored or improved; b) Ascertain whether activities are in progress as per schedule and the timelines are being met; c) Assess whether the compensation, rehabilitation measures are sufficient; d) Identify problems or potential issues; and e) Identify methods to rapidly mitigate problems. ARA will report to the Bank the RPF implementation performance through regular project progress report. Specific monitoring benchmarks will be: • Information campaign and consultation conducted; • Status of land acquisition and payments on land compensation; • Compensation for affected structures and other assets; • Relocation of affected people, if any; • Payments for loss of income; • Selection and distribution of replacement land areas, if relevant; • Income restoration activities, and • Grievances and their resolution. The above information will be collected by ARA through regular communication with the LGU and the monitoring activities conducted by ARA/PMT social specialist who is responsible for monitoring the day-today resettlement activities of subprojects through the following means: • Review of census information for all PAPs; • Consultation and informal interviews with PAPs; • In-depth case studies; • Sample survey of PAPs; • Key informant interviews; and • Community public meetings. For each RAP or ARAP to be prepared, ARA will prepare a RAP/ ARAP completion report and report the delivery of entitlements and outcomes of RAP/ ARAP implementation. Annex 1: Screening Checklist Identification Phase of Sub-Project No. Screening question Remarks Significance of the effect (low, moderate, Yes No high) 1 Has the project been conceived based on sufficient stakeholders participation? 2 Does the project affect any private property? 3 Does the project foresee any relocation? 4 Does the project foresee loss of land but no relocation? 5 Does the project foresee any alienation due to neighbours being relocated? 6 Will the project affect businesses or livelihoods? 7 Does the project foresee any negative effect on hosting PAPs (such as impoverishment, loss of sources of income, reduced access to resources such as hospitals and schools, water, increased time to access resources)? 8 Could the Project lead to adverse impacts on enjoyment of the human rights (civil, political, economic, social or cultural) of the affected population and particularly of marginalized groups? 9 Could the Project potentially restrict availability, quality of and access to resources or basic services, in particular to marginalized individuals or groups? 10 Is there a risk that the Project would exacerbate conflicts among and/or the risk of violence to project -affected communities and individuals? 11 Any informal land users/ occupants to be affected?