RP254
v. 2
GHANA FINAL DRAFT REV 1
Resettlement
Action Plan - Ghana
West African Gas Pipeline
i
GHANA FINAL DRAFT REV 1
Reset ement
Action Plan - Ghana
West African Gas Pipeline
Prepared for
West African Pipeline Company
June 2004
I
I
I
I
I
i
I
West Afican Gas Pipeline
Envi ronmental Impact
Assessment
Suite of Documents
Environmental Impact Appendices
Assessments __ S S R_port
Reioa Voluime 1:
lRegionaiReport th EIA Tehofer onsulaeience (One loi Each Country)
_1 - Local and Internalional Regualngons (Nigeia Only
Benin 2A- I Air PolGulant and Greenhouse Gas Analysis
2A- NaluMal Gasesfore and Transnission InGrastruature
Ghana | 2- B WAGP Wasle EsnimlBates
.~~~~~~~~2 '- Onshore Off1shore Commissioning Procedutes and Specifications List
Nigeria l 2-D Polendial Hazarcous Men ial Bas
V o SPI Sludy Report
. ~~~~~Togo 5 -D Stakeholder Consulalaions (One for Each Couniry)
6; A Anchor HandEing
_1 _/ 6- B AOr ualit Impact Assessment
6i- C Oualitauive Risk Assessnnents
7- A Measures for Baobab Tree in Tema lGnana Only)
7 El HIVIAl[DS Policy
Volume 2:
. A First Season Environmenial Baseli,ne SurveV
cl-B Second Season Environmenlal Baseline Survey
Voltume 3: '
8- A Project Execution Plan Chapter t5- HSE Plan
13 E Operalioiial Control.,
S-C Environmental and Social Advisory Panel Terms of Reference
Resefflement Action Plans
(Referenced as Appendix 8B-3.1)
Benin j
[ Ghana J
NigeriaE |
Togo i
Disclosure Locations
Venues at which the Environmental Impact Assessments, Appendices, and Resettlement Action Plans -
and Other Documents Supporting the West African Gas Pipeline Project - have been Disclosed to the
Public are as Follows:
Country Venue Location
UNITED STATES World Bank Offices Washington, DC
MIGA Washington, DC
NIGERIA WAGP EA Rep Office Lagos
Lagos State Ministry of Environment Lagos
Oqun State Ministry of Environment Abeokuta
Liaison Office Federal Ministry of Environment Lagos
Liaison Office Federal Ministry of Environment Abeokuta
Bada r Local Government Office Badagry
Ado Odo Ota Local Government Office Ado Odo Ota
Ifo Local Government Office Ifo
Ogun State Ministry of Lands and Housing Abeokuta
Laqos State Lands Bureau Lagos
Federal Ministry of Environment Abuja
TOGO WAGP EA Rep Office Lome
Minist6re de l Environnement et des Ressources Forestieres Lome
Gbetsoqbe Palace Gbetsogbe
Domocile du chef traditionnel Gbetsogbe
Baguida Baguida
Ministere de l'Energie et des Ressources Hydrauligues Lome
Ministry of Land Affairs Lome
BENIN WAGP EA Rep Office Cotonou
Documentation Center of the Ministry of Environment, of Cotonou
Habitat and Urbanism (MEHU)
Beninese Agency for Environment (ABE) Cotonou
Documentation Center of Ministry of Mines, Energy and Cotonou
Hydraulic (MMEH)
Mayoralty of Abomey-Calavi Abomey-Calavi
Mayoralty of Ouidah Ouidah
Institute of Endogenous Development and Exchanges (IDEE) Ouidah
Documentation Center of the University of Abomey-Calavi Abomey-Calavi
GHANA WAGP EA Rep Office Tema
EPA Library Accra
Greater Accra Regional Coordinating Council Accra
EPA Greater Accra Regional Office Amasaman
Accra Metropolitan Assembly Accra
Shama Ahanta East Metropolitan Assembly Sekondi
EPA Central Regional Office Cape-Coast
Central Reqional Coordinating Council Cape-Coast
Western Regional Coordinating Council Sekondi
EPA Zonal Office Tema
Tema Municipal Assembly Tema
EPA Western Regional Office Sekondi
Volta Regional Coordinating Council Ho
EPA Volta Regional Office Ho
Ghana EPA Accra
Table of Contents
Table of Contents
Pane
List of Acronyms and Abbreviations
Executive Summary
Chapter 1 Introduction .............................................. 1-1
1.1 Brief Description of Project ........................................ 1-1
1.1.1 Value of the Project ................ ...................... 1-4
1.1.1.1 Environmental Benefits ...................................... 1-4
1.1.1.2 SocialBenefits ....................................... 1-4
1.1.1.3 Economic Benefits ....................................... 1-4
1.1.1.4 Project Proponent ....................................... 1-4
1.2 Project-Affected Peoples and Areas ............................................... 1-5
1.2.1 Tema .............................................. . 1-5
1.2.2 Takoradi ............................................. . 1-6
1.3 Resettlement Implementing Agencies .............................................. 1-6
1.4 Key Issues of Involuntary Resettlement and Land Acquisition . ....................................... 1-7
1.5 Land Acquisition and Resettlement Plan Objectives . ............................................ 1-7
1.6 Progress to Date ............................................... 1-8
1.7 Program for RAP Implementation ............................................. . 1-8
1.8 Scope of Resettlement Action Plan ............................................. . 1-9
Chapter 2 Project Description ............................................. 2-1
2.1 Layout of Pipeline ............................................... 2-1
2.1.1 General Route .............................................. 2-1
2.1.2 Determination of Route .............................................. . 2-1
2.2 Right-of-Way Configuration ............................................. . . 2-1
2.3 Pipeline and Facility Description .......... .................................... 2-2
2.3.1 Onshore Pipeline ...... ....................... ................ 2-2
2.3.1.1 Onshore lateral and trunk in Ghana . .................................. 2-2
2.3.2 Offshore Main Trunk Line and Laterals . . ........................... 2-2
2.3.3 R&M Stations .............................................. 2-3
2.4 Transportation Routes ....... ........................................ 2-7
2.4.1 Onshore ROWs and R&M Stations in Ghana .............................................. 2-7
2.4.2 Ancillary Works (Cement Coating Plant) . . ........................... 2-7
2.5 Construction ...... .......................................... 2-7
2.5.1 Temporary Storage and Accommodation Areas . . . 2-7
2.5.1.1 R&M Stations and Onshore Laterals . .2-7
2.5.2 Construction Methods . . .2-7
2.5.2.1 Upland ROW ..2-7
2.5.2.1.1 Clearing and Grading .2-7
2.5.2.1.2 Backfilling .2-8
2.5.2.1.3 Clean-up and Restoration .2-8
2.5.2.2 Reinstatement ..2-9
2.5.2.3 Rock Berm Construction (Shore Crossings) . .2-9
2.5.3 Construction Schedule and Duration . . .2-9
2.6 Ancillary Works (Cement Coating Plant) . . . ......................... 2-9
2.7 WAPCo Policy on Public Access .............................. 2-10
2.7.1 Facility Footprints .............................. . 2-10
une Ghana Final Draft RAP Rev TOC-I
Table of Contents
Table of Contents continued
Page
2.7.2 ROW: Pipeline Burial Zone ....................................................... 2-10
2.7.3 ROW: Area Not Included in Pipeline Burial Zone ............................................. 2-11
2.7.4 Transportation Routes Transecting the Pipeline ROW ...................................... 2-11
2.7.5 WAPCo Maintenance and Patrol Roads Within the ROW ................................ 2-11
2.8 Compensation for Lost Assets .............................................................. 2-12
2.9 Summary of Land Requirements .............................................................. 2-12
Chapter 3 Policy and Legislative Framework .............................................................. 3-1
3.1 Introduction .............................................................. 3-1
3.2 International Project Agreement or Host Government Agreement ..... 3-1
3.2.1 Exclusive Rights ........................................................ 3-2
3.2.2 Non-exclusive Rights ....................................................... 3-2
3.2.3 States to Procure Land Rights ....................................................... 3-2
3.2.4 Compensation for Land Not Owned by the State ................................................. 3-2
3.2.5 No Compensation for State-owned Land ....................................................... 3-3
3.2.6 Compensation for Temporary Rights ........................................................ 3-3
3.3 National Legislative Framework ........................................................ 3-3
3.3.1 Constitution and the Protection of Individual Property ........................................ 3-3
3.3.1.1 Allodial ownership ....................................................... 3-3
3.3.1.2 Freehold Title or Interest ........................ ............................... 3-4
3.3.1.3 The Leasehold ....................................................... 3-4
3.3.1.4 Customary Tenancies ....................................................... 3-4
3.3.2 Laws on the Oil/Gas Sector as They May Be Relevant ....................................... 3-5
3.3.3 Law on Compensation for Land and Other Assets ............................................... 3-5
3.3.3.1 Compensation for Eminent Domain ...................................................... 3-5
3.3.3.2 Compensation for Statutory Wayleaves ................................................ 3-6
3.3.4 Law of Expropriation or Eminent Domain ..................................... 3-6
3.3.4.1 Eminent Domain ....................................................... 3-6
3.3.4.2 Statutory Wayleave Instruments ....................................................... 3-7
3.3.4 Laws Governing the Acquisition of State-Owned Assets, Including Land .......... 3-7
3.3.5 Laws Governing Acquisition of Community Properties, Including Water
Resources, Irrigation Schemes, Access Roads, etc . .............................. 3-8
3.3.6 Law of Land Registration, Land Ownership, and Property Rights Under
Different Regimes ....................................................... 3-8
3.3.6.1 Registered Lands ....................................................... 3-8
3.3.6.2 Unregistered Lands ............... ........................................ 3-9
3.3.7 Construction Right and ROW Enforcement ........................................................ 3-9
3.3.8 Laws Pertaining to Resettlement and Relocation ................................................. 3-9
3.3.9 Appeals Procedures as Specified in National Legislation ................. ................... 3-9
3.3.10 Laws Regarding Protection of Cultural Assets . ................................ 3-10
3.4 Project Measures to Ensure Compliance with World Bank Group
Resettlement Requirements .................................................. ..... 3-10
Chapter 4 Overview of Project-Affected Communities ............. ....................... 4-1
4.1 Introduction .................................... 4-1
4.2 General Findings of the Socioeconomic Survey .................................... 4-1
une Ghana Final Draft RAP Rev TOC-2
Table of Contents
Table of Contents continued
Page
4.3 Household Survey Conducted for the ESIA . . . ........................ 4-2
4.3.1 Key Findings of the Household Survey .............................................. 4-2
4.3.2 ESIA Community Survey .............................................. . 4-2
4.3.3 Public Consultations ........................................ 4-3
4.3.4 Estate Survey and Valuation Assessment . . ........................... 4-3
4.3.5 Secondary Sources ........................................ 4-3
4.4 General Description of Project-Affected Communities . . ..................................... 4-3
4.4.1 Population ............................................... 4-4
4.4.2 Demographics ............................................... 4-5
4.4.3 Ethnic Groups ................................................ 4-5
4.4.4 Household Characteristics and Structure . . ........................... 4-5
4.4.5 Community Leadership and Governance . . ........................... 4-7
4.4.6 Historical and Cultural Resources . . ............................... 4-7
4.4.7 Access to Infrastructure and Quality of Life . .............................................. 4-7
4.4.7.1 Transportation .............................................. 4-7
4.4.7.2 Telecommunications .............................................. 4-8
4.4.7.3 Housing and Other Building Structures . ............................... 4-8
4.4.7.4 Community Amenities, Facilities, and Social Services . ................... 4-8
4.4.7.5 Education ............................................... 4-9
4.4.7.6 Land and Water Use .............................................. 4-9
4.4.7.7 Energy Consumption ........................... 4-9
4.5 Micro-economic Situation ............................. . . 4-10
4.5.1 Labor Force and Employment Activities . . ........................... 4-10
4.5.1.1 Agriculture and Fishing .. ......................... 4-12
4.5.1.1.1 Crop Farming ........................... 4-12
4.5.1.1.2 Livestock Production ....... .................... 4-13
4.5.1.2 Fishing ............................ 4-13
4.5.1.3 Trade ............................ 4-14
4.5.1.4 Industry-Mining and Manufacturing . .......................... 4-14
4.5.2 Household Income and Expenditures . . ............................ 4-14
4.5.2.1 Household Income ...................................... 4-14
4.5.2.2 Household Expenditures and Consumption ...................................... 4-15
4.5.2.3 Local Prices ....................................... 4-16
4.6 Land Tenure, Ownership, and Tenancy . . . ......................... 4-16
4.6.1 Land Tenure and Residential Ownership . . .......................... 4-16
4.6.1.1 Residential Ownership ........................................... 4-17
4.6.2 Project-Affected Lands ........................................... . 4-18
4.7 Agricultural Activities . .. .......................................... 4-18
4.7.1 Crops Grown on Affected Lands . . ............................... 4-18
4.7.2 Inter-cropping ............................................ 4-18
4.7.3 Issues Involved in Measurement of Product Value . .......................................... 4-19
4.7.4 Issues Involved in Re-Instating Cropping Patterns . .......................................... 4-19
4.8 Use of Communal Land and Resources ........................................... 4-19
4.8.1 Pastures and Grazing Lands ........................................... . 4-19
4.8.2 Water Resources (Rivers, Lakes, Streams) . . .......................... 4-19
4.8.3 Irrigation Schemes ........................................ 4-19
4.9 Vulnerable Groups . ........................................... . 4-19
une Ghana Final Draft RAP Rev TOC-3
Table of Contents
Table of Contents continued
Page
4.10 Attitudes Toward the Project ....................................................... 4-20
4.10.1 Perceptions of Project Benefits ....................................................... 4-20
4.10.2 Perception of Fair Treatment with Respect to RAP Elements ........................... 4-20
Chapter 5 Land Acquisition Procedures and Implementing Responsibilities .5-1
5.1 Goals . 5-1
5.2 Overview of Land Acquisition Strategy .5-2
5.2.1 General Principles .5-2
5.2.2 Types of Land to be Acquired ..5-3
5.2.3 Methods of Acquisition of Privately Owned Lands . .5-3
5.2.3.1 Private Treaty Arrangement .5-4
5.2.4 Preparations for the Acquisition of Community, Customarily or Tribally
Owned Lands .5-4
5.2.5 Preparations for the Acquisition of State Lands . .5-5
5.2.6 Acquiring Rights of Way/Access ..5-5
5.2.7 WAGP Right-of-Way Access Policy .5-5
5.2.7.1 Fences .5-5
5.2.7.2 Pipeline Maintenance Roads .5-6
5.2.7.3 Transportation Routes Transecting the Pipeline ROW .5-6
5.2.7.4 Pipeline Burial Zone .5-7
5.2.7.5 Other Areas Within the ROW .5-7
5.3 Land Acquisition Procedure .5-7
5.3.1 Identification of Pipeline Route and Affected Land . .5-14
5.3.1.1 Description of Route Determination in Pre-Feasibility, Feasibility,
Basic Engineering, and Detailed Engineering Stages .5-14
5.3.1.2 Identification and Demarcation of Affected Plots .5-14
5.3.1.3 Identification of Areas of Stakeholder Significance and Access
Issues .5-14
5.3.1.4 Consideration of Social Issues During Route Selection and
Selection of Temporary and Permanent Facilities . 5-15
5.3.2 Identification and Registration of Property Owners/Users . . 5-15
5.3.2.1 Tracking Affected Land and Asset Data .5-16
5.3.3 Public Notification and Comment Procedure: Procedure for Finalization/
Verification of Registration and Approved List of Affected Persons .. 5-16
5.3.3.1 Notification . 5-16
5.3.3.2 Public Display of Information Prior to Public Workshop. 5-17
5.3.3.3 Information To and Feedback From Communities Conceming
Route Selection Informally and Formally Through Public
Hearing . 5-17
5.3.3.4 Final Submission of Public Feedback and Registering of Claims . 5-17
5.3.3.5 Established Cut-Off Date for Claims . 5-18
5.3.3.6 Final Steps Used in the Acquisition of Privately Owned Lands . 5-18
5.3.4 Negotiation Procedures ..5-18
5.3.4.1 Dispute Resolution Procedures (Non-Negotiated Cases). 5-21
5.3.4.2 Issues of Disputed Ownership and Procedures Applied for the
Acquisition of These .5-22
5.3.4.3 Eminent Domain Declaration .5-22
une Ghana Final Draft RAP Rev TOC-4
S-3OI zAG dVi IJeJG 12U1J MuC aun
. f9 ... pue1 uo suo!uWso 1uouieu d Z Z �9
tb-9 .pueo sso uouOlcUauol VZ �9
.-9 . ssaussolpuJ Z � 9
j-. -------- apyUoVPlJWaU�Oa pu1eS)ASfl 1UatU14SLI3AOdtUI I �
tb-9 . ''''''''''''''''''' '''.' souduli jo 4eiwutunS � 9
.-9 .sJOWeAflIna-iMoRomoug � 1 EZ9
�-9 .......................... sj3ploq3laeoq zl Z. I g.
�-9 ............ '..... slopjoiq= dl I l z g
�-9 suotleIndod pcojjV Z' 9
1-9g........sa.lie pue /Aoa odvA IoJ uoutisinboV pueJjo A'UtUUIns F9
1-9. ................... sa.nsalSW Uoij2!i! N pue sl-edtul laoid 9 jajdeq3
It-.. . !s utual qll i uowesumdtuoD pue diqsl3umo pueI 13A aOndsic 1 9 S
l�-S . suoulnios put sonssi uoiwllU3uxldLuI 9'S
I� E .................. ............... iuotudoj3AZ)( Xj!UnWtUl D b S Sg
O� S-9 ............ " l- " " " -Il-" -" , ,--l--- ........... sjob atm s aeS
O.-q ................... sa i!!q!suodsz>j pue s3loj peuixal a � S S
Ot-. .. . . puJO Jua1ualtsuI-3d 9'Z'S'S
6Z- . .uo..A.l.....J ...pu.. paxezollA An P l NJo uOlldeleddd SZ'
6z-9 ........ sw uauanv pueq-ioj-pule b'Z'S'S
6Z. ... . swOHJO UOISIAO]d 2UiplnouI 'iun lall}is3 �d -ZSS
6Z-S. .. . uoilusuadtuoD Z'Z'S'S
6Z-...uoimo2 pu a uoilT!snboV pue u lZ'S'S
6Z-9 ................................................... tqsuods
LZ.S- --.. ---- ..... sulunovov S l S S
LZ- ...................l- ,- , " -" l" Il" I,-. I ......... 110kaq b'l'S'S
LZ-S .................. ft!lanu!t �-1 S S
LZ. S'''''''''''''' lu;lUUOIIAUa PUU A"3JvS 'qll3H Z'l S;S
9z;.. S'''''''''''''''''''' .............. sluiV ;euia;x I
9Z 9 ....................... ............................... '''''''''''''''''''''''S l� �Dd, 'S'
. .. . sw iTl!q!suodso-d put, s lo uo ut u ldtuI SI S
.Z-S ssjeD p3indsiU ut uoitsuodtuoD Jo luow3sinqsTI tb'�t'b
.SoZon S'''''''''' uol suo0va pue UOtw Z)oOp �'�b'
.Z .. . - . pue- uuawloajda-d Z'�t'b'
.Z ....................... uoi usu3dtuoD qsr l'''
.Zs-------------------- ** �*uoiiesuadhuoj �'b'S
. bZ s- -------------------- ** ** * *� * saleX uoTenIeA J0 UIT}e l J!UI A �'Zt'b'
�Z-S'''''''''''''' ............... sulielDjuieu3ai
put sdoiD ol uotloialddV pue qouoiddV uo t!zijejldvD wuoouI Z-Z Vb
.ZS' ''puej
jLm!u3p!s3-d o�uoiluoilddV puea qeotoddv uosilledtuoD 1atleyi l Z b Sg
.Z-. '..'''''..'... uo0tunlIA ututllzpufl s3ldiOuuld O!suq Z b
ZZ. . plp30Jd uotWfnl8A PIU09 UOiltnlIA puueA I bV
ZZ-. . ''..''''''.....spoqil3W uolWntVA b'S
pfnulluoo Slualuo3 lo alqe.
sluaeuoD jo--alqe
Table of Contents
Table of Contents continued
Page
6.3.3 Loss of Access to Property and Resources ...................................................... 6-5
6.3.3.1 Severance Impacts ...................................................... 6-5
6.3.3.1.1 Tema ...................................................... 6-5
6.3.3.1.2 Takoradi ................. ..................................... 6-5
6.3.3.2 Loss or Damage to Community Property and Resources ..... ................. 6-6
6.3.3.2.1 Tema ...................................................... 6-6
6.3.3.2.2 Takoradi ................. ..................................... 6-6
6.3.3.3 Loss of Cultural Property ........................................... 6-6
6.3.3.3.1 Tema ...................................................... 6-6
6.3.3.3.2 Takoradi ................. ..................................... 6-7
6.3.3.4 Loss or Damage to Services and Infrastructure ............. ........................ 6-7
6.3.3.4.1 Tema ...................................................... 6-7
6.3.3.4.2 Takoradi ................. ..................................... 6-7
6.3.4 Joblessness ....................................................... 6-7
6.3.4.1 Impacts on Enterprises ................... ................................... 6-7
6.3.4.1.1 Tema ...................................................... 6-7
6.3.4.1.2 Takoradi ................. ..................................... 6-8
6.3.5 Food Insecurity ...................................................... . 6-8
6.3.5.1 Permanent Loss of Cultivated Land ...................................................... 6-8
6.3.5.2 Loss of Trees and Perennial Crops ...................................................... 6-9
6.3.5.2.1 Tema ...................................................... 6-9
6.3.5.2.2 Takoradi ................. ..................................... 6-9
6.3.5.3 Loss of Annual/ Seasonal Crops ...................................................... 6-9
6.3.5.4 Impacts on Irrigation Systems ...................................................... 6-10
6.4 Mitigation Measures ...................................................... 6-10
6.4.1 Types of Mitigation Proposed .................. .................................... 6-10
6.4.1.1 Asset Replacement ............................................... 6-10
6.4.1.2 Income Restoration ...................................................... 6-10
6.4.2 Summary of Entitlements ................................. ..................... 6-11
6.4.3 Implementation Considerations ....................................................... 6-11
Chapter 7 Public Consultation and Disclosure ........................................... 7-1
7.1 Participation and Consultation Activities ........................................... 7-2
7.1.1 Stakeholder Identification and List of Key Stakeholders ............. ........................ 7-3
7.1.2 Information Provided to Stakeholders and the Mechanisms for Receiving
Feedback ...................................................... 7-6
7.1.3 Needs Assessment and Community Needs Identification ............ ........................ 7-6
7.2 General Project Consultations and Feedback ..................... ................. 7-6
7.2.1 RAP Consultations ...................................................... 7-7
7.2.2 Summary of Feedback Received with Respect to RAP Consultation
Activities ...................................................... 7-8
7.3 RAP Disclosure ...................................................... 7-8
7.3.1 Information Gathering and Update for RAP Disclosure ............. ......................... 7-9
7.3.2 Response to disclosure .................................................... 7-9
7.4 RAP Grievances and Dispute Resolution ............................... ............. 7-9
7.4.1 Description of existing system ...................................................... 7-10
7.4.1.1 Step 1: Receipt of Complaint ...................................................... 7-10
7.4.1.2 Step 2: Determination of Corrective Action ........................ ................ 7-11
une Ghana Final Draft RAP Rev TOC-6
Table of Contents
Table of Contents continued
Page
7.4.1.3 Step 3: Meeting with Party who lodged the Complaint ....................... 7-11
7.4.1.4 Step 4: Implementation of Corrective Action ...................................... 7-11
7.4.1.5 Step 5: Verification of Corrective Action ........................................ 7-11
7.4.1.6 Step 6: Alternative Action .......... ............................. 7-11
Chapter 8 Monitoring and Evaluation ................................... 8-1
8.1 Objectives ................................... 8-1
8.2 RAP Monitoring Framework .................................. 8-1
8.2.1 Reporting ............................................ 8-3
8.2.2 Staff and Monitoring ........................................... 8-3
8.3 Internal Performance Monitoring ............................. ............... 8-3
8.3.1 Source of Information/Data Collection Methods ........................................... 8-4
8.3.2 Responsibility for Data Collection, Analysis and Reporting ............................... 8-4
8.3.3 Frequency/Audience of Reporting ................... ........................ 8-4
8.4 Completion Audit ............................................ 8-4
Chapter 9 Resettlement Budget and Financing .............................. 9-1
Chapter 10 Schedule for RAP Implementation . 10-1
10.1 Plan Preparation ......................... 10-1
10.2 Consultation and Disclosure ......................... 10-1
10.3 Land Acquisition and Construction ......................... 10-5
10.4 Monitoring and Evaluation .......................... 10-6
10.5 Community Development Programs .......................... 10-6
Anne es
Annex 5.1: Involuntary Resettlement Policy OP 4.12
Annex 5.2: Ghana Physical Asset Survey
Annex 5.3: Ghana Crop Valuation
Annex 5.4: Ghana Total Compensation Summary
Annex 5.5: Ghana Land Asset Inventory
Annex 6.1: Ghana Estate Survey Variables and Sample Data
une Ghana Final Draft RAP Rev TOC-7
Table of Contents
List of Figures
Page
Figure 1.1-1: West African Gas Pipeline Project ................................................... 1-3
Figure 2.3-1: Tema R&M Station .................................................... 2-4
Figure 2.3-2: Satellite Image of Tema .................................................... 2-5
Figure 2.3-3: Takoradi R&M Station ................................................... 2-6
Figure 4.4-1: Migratory Status of the Households in Surveyed Communities ........................ .............. 4-6
Figure 4.5-1: Employment Distribution by Type of Employer in Tema and Takoradi
(population aged 14 and older) ............. ............. 4-11
Figure 4.5.2: Employment Distribution by Occupation (age 14 and older) ........................................ 4-12
Figure 4.5.3: Income Earners in Households .................................................... 4-15
Figure 5.3-1: General Land Acquisition Process in Ghana: ................................................... 5-9
Figure 5.3-2: Land Acquisition Process in Ghana (Phase 1): .................................. ................. 5-11
Figure 5.3-3: Land Acquisition Process in Ghana (Phase 2): ................................................... 5-12
Figure 5.3-4: Land Acquisition Process in Ghana .................................................... 5-13
Figure 5.3-5: Land Acquisition Process in Ghana: ................................................... 5-19
Figure 5.3-6: Land Acquisition Process in Ghana: ................................................... 5-20
Figure 5.3-7: WAGP Dispute Resolution Process in Ghana: ................................................... 5-21
Figure 5.3-8: Resolution of the Tema Dispute: ................................................... 5-32
Figure 7.2-1: Community Consultation Process- Ghana ................................................... 7-7
Figure 7.4-1: Existing Grievance Process in Ghana ................................................... 7-10
Figure 10.1-1: RAP Implementation Timeline ................................................... 10-2
une Ghana Final Draft RAP Rev TOC-8
Table of Contents
List of Tables
Page
Table 1.1-1: Characteristics of the WAGP Project Area in Ghana .1-2
Table 1.2-1: WAGP Project-Affected Populations .1-5
Table 1.2-2: Project Land-Acquisition Impacts .1-5
Table 2.9-1: Land Requirements of the Project: Ghana .2-12
Table 4.4-1: Population Growth in the Affected Communities .4-4
Table 4.4-2: Marital Status of Household Head in Surveyed Communities .4-5
Table 4.4-3: Migratory Status of Households in the Surveyed Communities
(percent of households) ........................................ 4-6
Table 4.4-4: Ethnic Composition of the Surveyed Communities .4-6
Table 4.4-5: Telephone Access in the Surveyed Communities - Tema Project Site .4-8
Table 4.4-6: Materials for House Construction .4-9
Table 4.4-7: Household Land and Water Uses in Tema and Takoradi .4-10
Table 4.4-8: Sources of Electricity .4-10
Table 4.5-1: Employment Distribution by Occupation (age 14 and older) .4-11
Table 4.5-2: Fishing Methods .4-14
Table 4.6-1: Home Ownership Status .4-17
Table 4.6-2: Affected Land and Claimants .4-18
Table 4.7-1: List of Crops Grown on Cultivated Lands .4-18
Table 6.1-1: Cultivated Land to be acquired by WAGP at Tema Site .6-2
Table 6.1-2: Affected Infrastructure at Takoradi Sit .6-3
Table 6.3-1: Potential Impacts of WAGP Project in Ghana .6-5
Table 6.3-2: Crops Cultivated on the Affected Plots .6-9
Table 6.4-1: Entitlement Matrix for Tema and Takoradi .6-12
Table 7.1: Ghana Key Stakeholders for Land Acquisition and Resettlement .7-4
Table 7.2-1: Ghana: Community Meetings Involving RAP Discussions .7-7
Table 8.2-1: RAP Monitoring Framework .8-2
Table 8.2-2: Intemal Performance Monitoring Milestones .8-4
Table 9.1-1: Budget for Compensation, Land Acquisition, and RAP Activities in Ghana
(Planning, Construction and Operation Phases) .9-2
une Ghana Final Draft RAP Rev TOC-9
Acronyms and Abbreviations
Acronyms and Abbreviations
AGI Above Ground Installation
BP Best Practice
CBO Community Based Organization
CEB Communaute Electrique du Benin
CIA Central Intelligence Agency
cm Centimeter
CNL Chevron Nigeria Limited
EA External Affairs
EIA Environmental Impact Assessment
ELP Escravos-Lagos Pipeline
EPZ Export Processing Zone
ESD Emergency Shut-Down
ESIA Environmental and Social Impact Assessment
FEED Front End Engineering Design
FID Final Investment Decision
ft Feet
GSS Ghana Statistical Service
ha Hectare
HDD Horizontal Directional Drilling
HSE Health Safety and Environment
IFC International Finance Corporation
IFI International Finance Institution
in Inches
IRRR Impoverishment Risks and Reconstruction
IPA International Project Agreement
ISSER Institute of Statistical, Social and Economic
Research
km Kilometer
lbs/MWh Pounds per Megawatt Hour
une Ghana Final Draft RAP Rev AA-
Acronyms and Abbreviations
LVB Land Valuation Board
m Meter
m2 Square Meter
M&E Monitoring and Evaluation
Ministry of Local Government and Rural
MoLGRD Development
MW Megawatt
NGC Nigerian Gas Company
NGO Non-Government Organization
NNPC Nigerian National Petroleum Corporation
OD Operational Directive
OP Operational Policy
PAA Project Affected Area
PAP Project Affected People
PDP Public Display Package
R&M Regulating and Metering
RAP Resettlement Action Plan
ROW Right of Way
SAEMA Shama-Ahanta East Metropolis
SAS Statistical Analysis System
SIA Socioeconomic Impact Assessment
SNG Shell Nigeria Gas
SOBEGAZ Societe Beninoise de Gaz S.A.
SOTOGAZ Societe Togolaise de Gaz S.A.
SPDC Shell Petroleum Development Company
SPSS Statistics Package for the Social Sciences
TDC Tema Development Corporation
TMA Tema Municipal Area
TME Tema Municipal Executive
TNT Tema New Town
une Ghana Final Draft RAP Rev AA-
Acronyms and Abbreviations
TTC Tema Traditional Council
TTPP Takoradi Thermal Plant
VALCO Volta Aluminum Company
VRA Volta River Authority
Very Small Aperture Terminal /Supervisory Control
VSAT/SCADA and Data Acquisition
WAGP West African Gas Pipeline
WAGPA West African Gas Pipeline Authority
WAPCo West African Pipeline Company
WB World Bank
une Ghana Final Draft RAP Rev AA-
I
I
II
Chapter
Executive Summary
The West African Gas Pipeline Company Ltd. (WAPCo) intends to construct a 690.5-km gas
pipeline transmission system, onshore and offshore from Nigeria to Ghana. The pipeline, known
as the West African Gas Pipeline (WAGP), will deliver natural gas from Nigeria to markets in
Benin, Ghana, and Togo.
The route would extend from the Alagbado "Tee" near Itoki, Nigeria. The "Tee" is a connection
point to the existing Escravos-Lagos Gas Pipeline (ELP System). From the "Tee," the pipeline
route would proceed south 58km to the shoreline crossing at Badagry Beach, Nigeria. From the
shore crossing in Nigeria, the main trunk of the offshore pipeline will terminate at the Takoradi
Thermal Power Plant in Takoradi, Ghana. The main trunk of the offshore pipeline will be placed
on the seafloor 24m to72m deep approximately 26km from shore. At three locations,
connections (which will transmit gas to delivery points at Cotonou, Lome, and Tema) will be
made from the main offshore trunk to laterals ranging in width from 8in to 1 8in (20cm to 46cm).
In Ghana, land for the pipeline must be acquired in two places. In Tema, the WAPCo ROW will
extend from the Atlantic Ocean 520m west to a regulating and metering (R&M) station. A new
weight-coating plant will also be constructed nearby to coat pipe lengths in concrete. The plant
will be constructed on industrial land close to the port of Tema owned by the Free Zone Board.
At Takoradi, the ROW will extend from the Atlantic Ocean 1 1Om north to the R&M station.
The affected population includes tenants, squatter farmers, and landowners. The title-holders
include the Tema Development Corporation (TDC), the Tema Traditional Council (TTC), and
the Volta River Authority (VRA). The rest of the claimants are leaseholders and tenants. The
project in Tema and Takoradi affects only 23 lease-holding households and 19 tenants.
WAGP will be designed, built, and operated to comply with the WAPCo International Project
Agreement (IPA) and Ghanaian national legislation and regulatory standards as well as with the
relevant international policies concerning resettlement and land acquisition and compensation.
Any gaps in legislation relating to involuntary resettlement will follow World Bank Group
resettlement policy.
Ghana's laws provide for either cash or in-kind compensation. The main gap between World
Bank guidelines and Ghanaian laws concerns the eligibility criteria for compensation.
Compensation appears to be essentially based on a right of ownership. This is contrary to OP
4.12, Sections 15-b -c that classify those who have no formal legal rights to land or those who
have no recognizable legal right or claim to the land they are occupying as eligible for
compensation. Ghanian law appears to prevent users of the land, such as squatter farmers, from
obtaining compensation.
Most land acquired consists of land held by the TDC and public land held by the VRA.
However, a number of tenants and squatters also use this land. WAPCo will first attempt to use
a private treaty arrangement, known as the willing-buyer/willing-seller principle and will
negotiate with stakeholders and owners at both locations to ensure that tenants and encroachers
will be compensated.
une Ghana Final Draft RAP Rev i
Chapter
VRA and TDC, as legal landowners, will be compensated for all land to be acquired for the
project, fixed assets, and improvements made on the land, based on negotiations. The Tema
Traditional Council (TTC) will also be compensated for the stool lands over which they have
ownership claims. Formal and informal tenants will be compensated for standing crops and any
other improvements they may have made. Ongoing negotiations are also in progress with the
Kpone Traditional Council, which claims some rights to the land based on historical and
traditional connections. TDC acquired the land from the Kpone community in 1952.
In the preparation for the RAP, WAPCo conducted, in Ghana, a large number of formal
stakeholder consultations as well as a number of undocumented meetings and consultations
about ownership issues. An estate survey was also conducted around the project area. The
assessment complied with all Ghanaian land acquisition laws and regulations. It determined
exact land demarcations, access issues, ownership, community, stakeholder issues, valuations,
and assessments of property to be purchased. To establish the best level of compensation to be
offered to the affected households, valuation and assessment of property to be acquired were
based on different methodologies, including market rate and replacement value.
No cultural resources or residential buildings are affected by the project. However, the project
will affect a few boundary pillars erected by building plot owners. Most acquired land is used
for small-scale agriculture.
Compensation entitlement has been prepared for all categories of affected populations.
Replacement land has been identified for leaseholders of residential plots. The leaseholders
expressed their satisfaction with the arrangements. Tenants/squatter farmers as well as
leaseholders farming on their land will be compensated for crops. WAPCo will monitor and
evaluate the compensation and will also ensure appropriate grievance procedures. The project
has made the necessary budget provisions to ensure that the mitigation commitments, including
compensation and monitoring programs, can be fully implemented.
This Resettlement Action Plan will be issued in draft form for public review in July 2004.
une Ghana Final Draft RAP Rev
Chapter
Chapter
Introduction
This Resettlement Action Plan (RAP) describes the framework and procedures that the project
proponent will follow for the acquisition and compensation of land and assets, both permanent
and temporary, for the Ghanaian portion of the West African Gas Pipeline Project (WAGP).
This chapter describes the project's land acquisition and compensation principles and
procedures, as well as the progress made through May 2004.
Brief Description of Project
The West African Gas Pipeline Company Ltd. (WAPCo) intends to construct a 688.6km gas
pipeline transmission system, onshore and offshore from Nigeria to Ghana. The pipeline, known
as the West African Gas Pipeline (WAGP), will deliver natural gas from Nigeria to markets in
Benin, Ghana, and Togo.
WAPCo is a joint venture company formed to construct, maintain, and operate the pipeline. The
company is a partnership among Chevron Nigeria Limited (CNL), Nigerian National Petroleum
Corporation (NNPC), the Shell Petroleum Development Company (SPDC) of Nigeria Limited,
Societe Beninoise de Gaz S.A. (SOBEGAZ), Societe Togolaise de Gaz S.A (SOTOGAZ), and
the Volta River Authority (VRA). This partnership was formerly known as the "Joint Venture"
or the "Commercial Group."
The proposed pipeline route is shown below in Figure 1.1-1. The route would start from the
Alagbado "Tee" near Itoki, Nigeria. The "Tee" is a connection point to the existing Escravos-
Lagos Gas Pipeline (ELP System). From the "Tee," the pipeline route would proceed south
56km to a compressor station facility location then continue south an additional 2km to the
shoreline crossing at Badagry Beach, Nigeria. From the shore crossing in Nigeria, the main
trunk of the offshore pipeline will terminate at the Takoradi Thermal Power Plant in Takoradi,
Ghana (presented in Chapter 2). The main trunk of the offshore pipeline will be placed on the
seafloor 24m to 72m deep at an approximate distance of 16km to 26km from shore. At three
locations, connections will be made from the main offshore trunk to laterals ranging in diameter
from 8in to 18in (20-46cm) that will transmit gas to delivery points at Cotonou, Lome, and
Tema.
In Ghana, the WAPCo ROW will extend from the Atlantic Ocean 520m northeast to a point at
Tema, where a regulating and metering (R&M) station will be built. This site is approximately
lkm east of Tema New Town and lkm west of the town of Kpone. A temporary weight-coating
plant will be constructed in Ghana to coat pipe lengths in concrete. The temporary plant will be
constructed on industrial land owned by the Free Zone Board close to the port of Tema. At
Takoradi, the ROW will extend from the Atlantic Ocean 900m north to the Aboadze Thermal
Station, owned by the Volta River Authority (VRA), where an R&M station will be built.
The land acquisition characteristics of the project in Ghana are summarized in Table 1.1-1.
une Ghana Final Draft RAP Rev
Chapter
Table Characteristics of the WAGP Project Area in Ghana
25m-wide corridor
Length/width of Pipeline Onshore Takoradi: 0.9km-long =0.5hal
Tema: 0.52km long =1.3ha
Area of Permanent R&M Station Takoradi: 6.2ha2
Tema: 3.21ha
Total Land Affected by the 25-meter Takoradi: 7.23ha3
Corridor and R&M Station Tema: 4.01ha
Weight-coating plant 15 ha4
Takoradi: 6
Number of Land Plots Tema: 305
Number of Communities Affected 2
Number of Claimants (including Takoradi: 16
tenants and companies) Tema: 19
Forest Affected None
Fishponds Affected None
Coconut Trees Affected (plots) Takoradin
Affected Croplands (plots)7 Takoradi: 1
_______________________________Tema: 20
Affected Pastures None
New Access Roads Constructed 2�
Source: Ghana Estate Survey and Valuation Assessment, 2003.
The project impacts limited areas of land in both Tema and Takoradi, with negligible or no
impacts on fisheries, cultivated areas, forests, or wooded areas. The claimants number only 20
and the number of owners is limited to three: Tema Development Corporation, Tema Traditional
Council, and Volta River Authority. There are a few leaseholders and tenants.
' Iha equals 10,000square m.
2 Ghana Estate Survey and Valuation Assessment indicate that an area of 1.02ha has been specifically allocated to
the R&M station; the specific usage of the rest of the affected area is not indicated.
3The Estate Survey and Valuation Assessment indicate that 7.23ha of land will be affected in Takoradi. Only 6.7ha
will be acquired for the corridor and R&M station, and the remaining small portion may be used in the future.
4 This land is owned by the Free Zone Board. It will be transferred to WAGP without land acquisition and
resettlement implications, as it is unused.
5Ghana Estate Survey identified that Tema Stool and Tema Development Corporation (TDC) are the owners of all
affected land in Tema. The actual users of those lands include about 23 lessees (only 13 identified by the Estate
Survey) as well as some encroachers.
6 In Takoradi, all affected land plots belong to VRA (Volta River Authority).
7 This is the total area of affected plots under cultivation; of this total, the project will acquire only a portion.
8 A new private access road branching from the main VRA Thermal Plant access road will connect Takoradi R&M
station with the VRA Plant. A separate, I km access road will connect the Tema R&M station to the existing road
near the VALCO plant.
une Ghana Final Draft RAP Rev
Chapter
Figure
West African Gas Pipeline Project
un G F 100 150 hneFers Df RP R
27Ww OE. 2'0'E Ocexan [
une Ghana Final Draft RAP Rev
Chapter
Value of the Project
The WAGP capital investment is estimated at US$500 million. The total cost of the pipeline
construction in Ghana alone is estimated to be US$157.5 million. It is projected that an
additional US$600 million would be invested in secondary development of new power
generation facilities or upgrades of existing facilities in Benin, Ghana, and Togo (Energy
Information Administration, 2003). A number of environmental, social, and economic benefits
resulting from WAGP have been identified and are summarized below.
Environmental Benefits
WAGP would improve the regional environment by meeting energy needs with cleaner-burning
natural gas instead of less desirable fuels, resulting in a reduction in the amount of air pollution
produced, and particularly greenhouse gas emissions. At Takoradi, for instance, natural gas
would displace light crude oil as the fuel for power generation and represents the majority of
initial project "downstream" greenhouse gas benefit. Even more significant, the collection of
natural gas for end-use would reduce pollution associated with open-flare gas burning, an
ongoing problem in Nigeria. The use of currently wasted natural gas as an energy source will
reduce greenhouse gas emissions, resulting in global climate change benefits.
Social Benefits
WAGP would provide a more secure regional energy supply via a reliable fuel source for power
generation or direct use for industrial and other institutional consumers. Households, including
those who are poor, will also benefit from enhanced energy availability. The project would also
accelerate regional integration and enable sustainable development. Pipeline construction and
infrastructure would increase short-term employment opportunities in the local affected
communities and facilitate local and regional technology transfer and growth. Development of a
new fuel source would lead to secondary economic development in the region and thus create
new employment, healthcare, and education opportunities for the affected communities.
Economic Benefits
Energy is a vital component of economic growth. The WAGP project would provide a lower-
cost, sustainable fuel (and electricity-generation) solution for Benin, Ghana, and Togo. The
produced gas would provide fuel for both existing and planned independent power plants, and
for industrial and commercial consumers. WAGP would also create a new tax and tariff revenue
stream, which would increase tax receipts in all the countries. In addition, the WAGP project
would provide infrastructure that would stimulate direct foreign investment in new and existing
West African industries as well as provide trade opportunities for the United States and other
international exporters. The provision of a market and financial return for natural gas will
provide an infusion of funds into Ghana, resulting in positive economic benefits in that country.
Project Proponent
WAPCo is the project proponent for WAGP. Through its project management and construction
management agreements, it is responsible for the overall monitoring of land acquisition and
une Ghana Final Draft RAP Rev
Chapter
resettlement. It is a separate, stand-alone business entity formed by the consortium of companies
described in Section 1.1.
Project-Affected Peoples and Areas
In all areas affected by the project in Tema and Takoradi, there are only 23 lease-holding
households (of which 13 have been identified by name in the estate survey) and 19 tenants (of
which 18 are identified by name in the estate survey). Thus, it is estimated that project land
acquisition activities in Ghana will concern only about 218 people in the affected communities.
Table : WAGP Project Affected Populations
Maximum Number of Affected Estimated
Community Households (leaseholders and Number of
Community tenants, excluding institutional Affected Peoplel1
Tema and Takoradi 42 218
Source: Ghana Estate Survey and Valuation Assessment, 2003.
Detailed information on the project-affected land and total land lost to the project is seen in
Table 1.2-2. Of the total 1 3ha affected, 11.24 will actually be acquired permanently.
Table : Project Land Ac uisition Impacts
Total Area of Total Area Number of Number of
Community Affected Plots Lost to the Afce lt liat
5(h3) Project (ha) 3
_ema 5.63 4.01 30 44hC
,akoradi 7.28 7.23 6 I
otal 12.91 11.24 36 45
Source: Ghana Estate Survey and Valuation Assessment, 2003.
Tema
In Tema, the pipeline will be located between Kpone and Tema Manhean (New Town), fishing
communities in the Tema Municipal Assembly district of the Greater Accra Region, lying about
lkm east and lkm west of the pipeline, respectively. Building the pipeline will require clearing
the right of way (ROW) that will include acquiring land both permanently and temporarily.
Since the area to be taken along the pipeline route involves a narrow 25 meter-wide strip, the
9 This includes 23 leaseholder families and 19 tenants/encroachers.
10 According to the Ghana ESIA household survey, the average size of households is 5.2. The number of affected
populations has been estimated by multiplying the number of owners by the average household size. All figures are
rounded.
" Includes leaseholders, encroachers, and institutional owners.
une Ghana Final Draft RAP Rev
Chapter
project would affect only few households. Potential impacts are limited, although they may be
slightly higher for households losing multiple plots to the project.
The 0.52 kilometers of the pipeline and associated facilities onshore pass through 30 individual
land plots. The affected communities have a combined population of 11,230 people. The total
area for all affected plots is 4.01 hectares (Table 1.1-1). The proposed R&M station and
associated facilities occupy 3.3 hectares, and are located on land currently owned by the TDC.
Ta oradi
In Takoradi, the 0.9 kilometers of the pipeline and associated facilities onshore pass through six
land plots in the vicinity of Aboadze community with a population of 9,399 people. However, all
land to be acquired is currently owned by the VRA12 and situated on the company's Takoradi
Thermal Power Plant site. Therefore, there is a single, commercial claimant for the six affected
plots of land. The total area for all affected plots is 7.23 hectares. The proposed R&M station
and associated facilities, including the future compressor station will occupy 6.73 hectares within
VRA's owned property limits.
Resettlement Implementing Agencies
Various departments of WAPCo are involved in the implementation of resettlement activities,
under the overall guidance of the office of the Project Director who reports directly to the
WAPCo Managing Director. A special unit referred as the RAP Management Team works with
the Project Director to ensure RAP implementation as well as to carry out the
internal monitoring. Within the Team, the core responsibilities of the RAP work rest with the
Community Relations staff.
Different state institutions are involved in the land acquisition process. The Ministry of Lands
and Forestry with the Minister of Lands and Forestry is responsible for all national land matters.
Directly under the Ministry, the Regional Minister and Regional Coordinating Director are
consulted on issues dealing with setting up site advisory committees. There are permanent site
advisory committees in both Takoradi and Accra. The Land Valuation Board evaluates the lands
and grants an interim valuations certificate, which is sent to the Lands Commission for approval.
The Attorney General's Department prepares all executive instruments and arranges for them to
be published in the local newspapers and circulated in the public domain.
Public notices and hearings on government land acquisition are communicated to the respective
landowners. Each region has its own regional Site Advisory Committee and House of Chiefs.
The Committee will initiate the acquisition process; contact the Regional Coordinating Council,
and Office of the Regional Minister and his Regional Coordinator.
The Lands Commission in Ghana is the statutory body that registers and administers the lands.
The Commission apportions and manages state lands, and provides the relevant title deeds/leases
of the lands. The Lands Commission also determines the compensation category and amount of
12 The land is privately owned by VRA and its international partner, the Takoradi International Company (TICO).
une Ghana Final Draft RAP Rev
Chapter
rent to be paid. The interim valuation certificate confirms the amount of compensation. The
Minister signs an Executive Instrument of Acquisition that is published in the Gazette and
newspapers preceding compensation procedures.
Key Issues of Involuntary Resettlement and Land Acquisition
In Ghana, the construction of the gas pipeline and R&M stations require acquisition of about
11.24 hectares (ha) of land. While this is a very small land area, adverse impacts may occur both
because households will have less land available for cultivation and because the existing plots
might be severed and cultivation efficiency reduced.
OP 4.12 states that involuntary resettlement, if unmitigated, can result in economic, social, and
environmental risks in Ghana when some farmers lose crops, productive assets, or sources of
income.
In Ghana, risks to livelihoods occur only as a result of potential impacts to land ownership and
use.
Land Acquisition and Resettlement Plan Objectives
The WAGP project will require land acquisition that may result in the loss of income sources or
means of livelihood. World Bank Operational Policy (OP 4.12)13 safeguards against the
potentially adverse effects of land acquisition and involuntary resettlement. The Operational
Policy on Involuntary Resettlement applies when "taking of land results in relocation or loss of
shelter, loss of assets or access to assets, or loss of income sources or means of livelihood,
whether or not affected persons must move to another location" (OP 4.12, 204: 2).
RAP planning in Ghana involved screening and scoping of key issues as well data collection
through socioeconomic surveys and asset inventories. In preparing the resettlement plan, social,
technical, and legal experts as well as community-based organizations have been consulted.
They have been assured of "prompt and effective compensation at full replacement cost for
losses of assets attributable directly to the project."
Planning efforts and implementation arrangements have been based on principles that comply
with OP 4.12 so that the project will:
* Minimize involuntary resettlement and land acquisition by exploring alternative corridor
routes
* Minimize involuntary resettlement and land acquisition by considering alternative sites for
Regulating and Metering (R&M) Stations
* Avoid building new access roads
* Ensure that no construction activity starts before full cash compensation is paid to both
owners and tenants
13 See Annex 1. 1.
une Ghana Final Draft RAP Rev
Chapter
To minimize land acquisition and thus avoid physical and economic dislocation, the project has
adopted several measures:
* ROWs and R&M stations have been chosen to avoid impacts on residential structures.
* Pipeline and R&M station sites have been selected based on comparisons of several
alternatives, taking environmental and social issues as well as population densities into
consideration.
* ROW width has been kept to a maximum 25 meters.
* Access road construction to the pipeline has been avoided.
* Provision will be made for allowing crop cultivation up to the ROW border to limit
permanent crop loss.
Progress to Date
In preparing the RAP, local communities and key stakeholders have been informed of the project
and a process for community consultation has been established. Discussions have been held to
establish entitlements and the mode of compensation for the affected population. Estate survey
and valuation assessment was conducted in September 2003 along the proposed route to
determine exact land demarcations and to prepare a census of affected households, and other
community and private owners. Meetings are being held with community leaders and public
officials to ensure that the entitlements established and their levels are accurate and appropriate.
The land plots identified for acquisition have been publicly announced, and the announcement
displayed in public places. This Resettlement Action Plan will be issued in draft form for public
review in June 2004.14
WAPCo has facilitated dialogue between TDC and displaced farmer tenants in Tema to find
replacement agriculture plots within the same geographic area of the R&M Station/ROW.
Program for RAP Implementation
Chapter 10 presents the schedule for RAP implementation along with the details of
implementation responsibilities. Implementation includes institution of a number of key
elements: application of mitigation measures (Chapter 6); public disclosure of the project and
land acquisition plans (including the provision for grievances and dispute resolution) (Chapter
7). Chapter 8 presents the monitoring and evaluation framework.
14 With such small numbers of claimants and a very small area affected, a RAP would not have been required under
OP 4.12. WAGP has nevertheless prepared one to ensure the transparency of its land acquisition process in Ghana.
une Ghana Final Draft RAP Rev
Chapter
Scope of Resettlement Action Plan
The RAP report is organized into sections as follows:
* Chapter 2 provides a more detailed project description, including details on the pipeline
corridor and compressor station, possible alternatives, and measures taken to avoid
resettlement and minimize land acquisition.
* Chapter 3 describes Ghana's legislative and legal framework for resettlement, expropriation,
and compensation as well as World Bank Group policies in these areas.
* Chapter 4 deals with the socioeconomic characteristics of the populations affected by the
project.
* Chapter 5 describes Ghana's land acquisition and compensation procedures and
implementation responsibilities, including experience to date with implementation, especially
with regard to recent legislation.
* Chapter 6 outlines project impacts and mitigation measures for both permanent and
temporary expropriations in various categories of land and resource use.
* Chapter 7 describes the public consultation and disclosure process and RAP activities and
land acquisition, including the provision for grievances and dispute resolution.
* Chapter 8 outlines the RAP monitoring and evaluation mechanism, including the provision
for expert monitoring.
* Chapter 9 details RAP costs and the budget for its implementation; and
* Chapter 10 presents the schedule for RAP implementation along with details of relevant
responsibilities.
une Ghana Final Draft RAP Rev
i
Chapter
Chapter
Project Description
Layout of Pipeline
General Route
WAPCo intends to construct a 30in (76cm) in diameter and 688.6 km in length, dry gas pipeline
transmission system, onshore and offshore from Nigeria to Ghana. The onshore pipeline will
connect to the existing Escravos-Lagos Pipeline (ELP) at the Alagbado "Tee," north of Lagos,
Nigeria and will extend 56km to a compressor station at Ajido near Topo, Badagry in Nigeria. It
will then proceed 2km across Badagry Creek to the Atlantic shoreline. The offshore pipeline
will be 16m to 25km from shore in water depths of 24m to 72m. Single lateral connections will
be made to bring gas onshore in Benin, Togo, and Ghana (with two delivery points in Ghana).
The laterals will extend from 1 1Om to 520m onshore, except in Benin (5km). The width of the
onshore ROWs will be 25m.
Determination of Route
Three options were considered for the pipeline routing: onshore/offshore, onshore, and offshore
(PLE, 1999). The selected option (a combination of onshore and offshore routes) provides the
lowest level of environmental and socioeconomic impacts for the least cost, and minimizes land
acquisition.
Along the identified route, additional adjustments were made to avoid land acquisition and
interference with cultural property. For instance, the corridor and R&M orientation have been
designed to avoid a baobab tree used as a shrine by the Kpone community in Ghana. Additional
re-routing would be considered only under exceptional circumstances.
Right-of-Way Configuration
In Ghana, the pipeline centerline will be located approximately five meters from one edge of the
25m-wide right of way (ROW). All land within the pipeline ROW will be acquired by WAPCo
in accordance with the land acquisition laws of Ghana. The "pipeline mound" is the land
directly above where the pipeline is buried. The 5m-wide strip from the edge of the ROW will
serve as a storage area for trenching spoil during construction. The adjacent 1Om-wide strip will
be used for vehicle access during construction and for maintenance and monitoring by WAPCo;
hence, it is estimated that 15m of the 25m ROW will be used in the initial construction. This
land will not be available for use by the local population once WAGP construction begins.
Rather, it will be used for vehicle and construction-equipment access during construction. After
construction, it will be used for pipeline maintenance; serve as a buffer against encroachment;
and may, in the future, be used for expansion. Access to the ROW by the local population is
governed by the WAPCo ROW Access Policy and described in Section 2.7.
une Ghana Final Draft RAP Rev
Chapter
Pipeline and Facility Description
This section describes the major permanent facilities making up the WAGP transmission system
in Ghana, and their permanent footprints.
Onshore Pipeline
Onshore lateral and trun in Ghana
For most of its route, the onshore portions of the Tema lateral and 20in trunkline into Takoradi
will be buried to a minimum depth of 0.9m and deeper at road crossings. The ROW will be an
average 25m wide.
The components of the onshore pipeline include:
* A pipeline ROW with an average width of 25m
* Corrosion-protection system
* Temporary marshaling yards during construction (Section 2.5.1) adjacent to the R&M
stations, and
* Existing access roads (Section 2.4)
Offshore ain Trun Line and Laterals
The pipeline will be installed mainly on the seafloor and, for certain shore crossings, in jetted
trenches. The pipeline runs 579km from the Lagos Beach Compressor Station to the Takoradi
thermal power plant. In addition to the terminus of the main trunk line at Takoradi, a tie-in will
be made for a lateral to extend from the main offshore trunk line to Tema.
The offshore transmission system components to be installed include the following:
* About 20in (50cm) concrete-weight coated main trunk line and laterals of 8in, 10in, and 18in
(18in for Tema)
* Subsea lateral line take-off and provision for temporary installation of a pig launcher; and
* Cathodic/corrosion protection system
The offshore pipeline will be placed directly on the seafloor in water depths in excess of 8m.
une Ghana Final Draft RAP Rev
Chapter
For most of its route, the pipeline will lie 30m to 50m below sea level. At its deepest point, it
will be 72m below sea level. The pipeline route will avoid crossing any shipping lanes and
passing through anchorage areas.
R Stations
Regulating and metering (R&M) stations will be installed onshore at Tema and at Takoradi, the
terminus of the main offshore trunk line. The R&M station is the end point of the offshore
lateral in Tema as well as the terminus of the main trunk line at Takoradi. At those points, the
WAPCo transmission system ends, and customer usage and/or local gas distribution by local gas
distribution companies begins. Their purpose is to reduce pipeline pressure and provide custody
transfer and metering of the natural gas from WAPCo to the customer or local gas distribution
companies. Primary electrical power for the Takoradi R&M station will be obtained from local
power supply systems whereas the primary power for the Tema R&M station will be provided by
natural gas fueled generators. A security fence will be erected around the buffer zone of each
facility. Figures 2.3-1 and 2 are site-plan views illustrating the R&M station configurations in
Ghana.
The Tema R&M station is located on a hill to the eastern side of Tema and northeast of Tema
Manhean, approximately lkm southeast of the Tema VALCO plant. The facility will be 150m
by 220m and occupy 3.3ha. A 25m buffer zone will surround the facility. Figure 2.3-1 is a site
location map for the Tema R&M station, and Figure 2.3-2 is a site satellite image of the Tema
location. A 25m ROW of approximately 0.5km east of the station is required for the onshore
portion of the lateral linking the R&M station to the offshore mainline. Low pressure local
distribution lines will likely be built by someone other than WAPCo and are yet to be built, as no
gas customers have been established to date at Tema.
The Takoradi R&M station is located adjacent to and on the north side of the VRA Thermal
Power Plant facility's oxidation ponds boundary. The facility will be separated into three parts.
The R&M station itself will occupy the first part, will be 70m by 125m and will occupy 0.875ha.
A second adjoining footprint of 125m by 125m, equivalent to 0.875ha, located north of the R&M
station, will contain the vent stack equipment. The third portion of the overall facility footprint
will be reserved for a future addition of compression capability. This third area will be 250m by
150m and occupy 3.75ha. A 25m buffer zone will surround the facility. Figure 2.3-3 is a site
location map for the Takoradi R&M station. A 25m ROW approximately 900m south of the
station is required for the onshore portion of the mainline.
' The pipeline passes through a designated port area. Information about the intensity of shipping activities in the
vicinity of the pipeline routes is not available. Protection against anchor drops or anchor drags from shipping
vessels or fishing vessels would be required. The pipeline could be buried at a water depth of 8m or 30m. The
ESIA indicates that burial up to 30m will have negative effects on nearby fisheries, potentially creating other
adverse impacts.
une Ghana Final Draft RAP Rev
Chapter
Figure
Tema R Station
VALCO. Tema R&M Sta*ion
)* On A C"
.___ ... --0 SO r # , 200
. F_ Sa R Rev **
_ _ m G r w 8 t ; ,� t. G r o v
-l_ >_
=_ ToT_ I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Atlanti
_~~~~ o0 D0 20C 18 0
une Ghana Final Draft RAP Rev
Chapter
Figure
Satellite Image of Tema
U
G. 6W 0131
une Ghana Final DraA
une hanaFina Drf RA Rev: e
Chapter
Figure
Ta oradi R Station
150m ---* 12Sm -15
Vent Stack 25
Future Compressor Area 125m
250m Station (IOOmx lOOm)
(250m x 150m)
R+M lA tie-in point
R+M ~ ~ ' 1
Stio o w
4, _______________________ ~~~~~~ ~~~~(70m m Low-press VRA
FENCE C ________il ' __ - gas line to TTPS
83 nu, ~
_ n0j Oxidation Ponds (Typ.)
'ENCE E N=233E9. 05 1, 1, 1. . 1. 1. hi I 1. I 1. .1 1. 11 11I 1. 1. 1. d, I .1, .I 1H i-press. P ___ L _ 1
76 +. r 90 '
FENE Ghan Final Dr - R e
une Ghana Final Draft RAP Rev
Chapter
Transportation Routes
Onshore ROWs and R Stations in Ghana
Access to the ROW and facility at Tema will be from north of the VALCO plant via a new 50m-
wide road approximately 1 km in length from the existing road network proposed by the Tema
Development Council. This road will be managed as a private, industrial access road during
construction and throughout the operations phase.2
At Takoradi, a new access road, extending north from the northern boundary of the Takoradi
plant, will approach the proposed R&M Station.
Ancillary Wor s Cement Coating Plant
Access to the site near Tema from the port already exists, although significant traffic congestion
may require the installation of a new road, plus existing roads may require significant upgrade
and improvement to support anticipated loads.
Construction
Temporary Storage and Accommodation Areas
Marshaling yards will be located adjacent to the R&M Station for staging and dispatching labor
and equipment.
R Stations and Onshore Laterals
A temporary staging area equal to 25 percent of the layout area of each R&M station will be
required. At Tema, this area will be 0.8ha; and at Takoradi, it will be 1.5ha. At Tema and
Takoradi, these areas will be incremental to the footprint. The construction of temporary
housing facilities will not be needed.
Construction ethods
A complete description of construction methods is given in the environmental and social impact
assessment (ESIA) of the WAGP project (WAGP, 2004). Relevant elements of that description
are repeated here.
Upland ROW
Clearing and Grading
The construction ROW will be established such that there is a 5m-wide strip on one side of the
centerline of the pipeline (the "spoil side") and a 20m wide strip ("the working side") on the
2 The Tema Development Council is due to build this road; nonetheless, WAPCo is in negotiation with the Council
regarding the resettlement implications of this new road.
une Ghana Final Draft RAP Rev
-- .. ........... Chapt-er
other. The spoil side will be used for storing excavated spoil and will remain a buffer strip after
construction. Vehicles will move and construction machinery will operate on the working side.
The construction ROW will be cleared and graded to remove brush, trees, roots, and other
obstructions such as large rocks and stumps. Crops and other non-wooded vegetation may be
mowed while other crops, such as grain, may be left in place to limit soil erosion. The
construction ROW will be graded in some places to create a safe working area, accommodate
pipe-bending equipment and allow the operation and travel of construction equipment. The
natural drainage will be preserved to the extent possible. If necessary, a fence crew, typically
operating in conjunction with clearing crews, will cut and brace fences that intersect or cross the
proposed route. Fences may be installed to keep livestock out of the working area. Where
necessary, temporary gates will be constructed to allow landowners to move livestock from
pasture to pasture and allow construction crews access along the ROW.
Timber will also be removed during construction operations. It will be left with the affected
owners so they may sell it or use it for their own purposes
After the ROW has been cleared and the stumps removed, grading may be necessary. Minimum
grading will be required in flat terrain. In areas with steep terrain, more extensive grading may
be required. A maximum of 12 in of topsoil will typically be removed or stripped and segregated
in agricultural lands that are cultivated annually. Topsoil that has been removed or stripped will
be stored in the working area. Any topsoil not needed for leveling the pipeline corridor will be
made available to the landowners if they want to use it elsewhere in their plots.
Bac filling
Once the pipe is in the trench, the trench is backfilled using a bulldozer, backhoe, or other
suitable equipment. Backfill usually consists of material originally excavated from the trench.
However, in some cases, additional backfill from other sources may be required. Any excess
excavated materials or materials unsuitable for backfill will be spread evenly over the ROW or
disposed of in accordance with reasonable landowner requests. In areas where topsoil has been
segregated, the subsoil will be first placed in the trench and then over the subsoil. To avoid
adverse environmental impacts, backfilling will occur to grade or slightly higher to
accommodate any future soil settlement.
Clean up and Restoration
After the completion of backfilling, all disturbed areas will be finish-graded and any remaining
trash and debris will be properly disposed of in compliance with country and local regulations.
After construction, the entire ROW will be protected through erosion-control measures,
including site-specific contouring, permanent slope breakers (low profile berms constructed
diagonally across the ROW to divert runoff), mulch and reseeding, or sodding with soil-holding
grasses. Contouring will be accomplished using acceptable excess soil from construction.
Erosioncontrol measures will comply with country regulations or guidelines.
une Ghana Final Draft RAP Rev
Chapter
Reinstatement
Reinstatement will be undertaken to return the physical environment to a state similar to that in
which it was found to prevent erosion, encroachment by undesirable vegetation, and damage to
the pipeline from root systems of unplanned, colonizing plants or trees. All construction-related
materials (e.g., timber riprap, prefabricated equipment mats, geotextile fabric) will be removed
upon completion of construction. The graded surface will be planted with native grasses only
and routinely mowed/cut to minimize the tendency for natural reforestation throughout the
project life.
Roc Berm Construction Shore Crossings
Shore crossings will be performed by open-cut trenching for geotechnical reasons, namely that
the bedrock and outcroppings at the shore-crossing site are too hard to drill through. The
beach/surfzone crossing will be made through a temporary rockberm. This rockberm will be
built at the centerline of the future pipeline from the high water mark progressively into the sea
to a 3.Om and 4.Om seabed contour line. Upon completion of the rockberm, the substrata will be
pre-treated by drilling and blasting techniques. After a certain section has been pre-treated, the
rockberm will be repositioned and the underlying trench excavated. Upon completion of the
pipeline installation, the trench will be backfilled to nearly original seabed level, re-using the
excavated material.
Construction Schedule and Duration
A final construction schedule has not yet been determined. It is envisaged that site work will
commerce within nine months of the construction-contract award. The commencement date of
the schedule for all of WAGP depends on the final investment decision (FID), which has not yet
been made. Installation is expected to last two to three weeks for each R&M station approach in
Ghana. Shore crossings installed by trenching methods at Tema and Takoradi are expected to be
completed within three to four months. As for the offshore main trunk, the installation is
expected to proceed at a rate of 2km to 3km per day. Installation is expected to take 52 weeks
for the main trunk line and two weeks for each lateral. Installation of the lateral will be
scheduled and carried out to avoid the main wet season. Construction of each R&M station is
expected to take five months.
Ancillary Works (Cement Coating Plant)
A concrete weight-coating plant will be required to coat the line pipe destined to lie on the
seabed or at the bottom of wetlands to suppress any buoyancy it may have. Construction of a
temporary plant close to the Port of Tema will occur on industrial land owned by the Free Zone
Board.
The site is near the port and has access to good roads and utilities. The plant itself will take up
approximately 8.9 hectares. Mobilization is expected to take four weeks at the end of which time
the plant will be operational. Up to two weight-coating application machines are currently
envisioned to keep up with the anticipated offshore pipeline installation rate, which is estimated
une Ghana Final Draft RAP Rev
Chapter
to be between 2km and 3km per day. The coating applicator will occupy approximately 0.8ha
within the 17ha site.
Should the access road from the port to the cement-coating plant near Tema become congested
due to heavy traffic, an alternative route may be used. Some existing roads may require
significant upgrade and improvement to support anticipated loads. These, however, will not have
additional land acquisition and resettlement implications.3
WAPCo Policy on Public Access
This section describes the WAPCo ROW access policy, which is summarized here.
Facility Footprints
Fences will be installed around the properties containing the R&M stations in Ghana. Access to
these fenced areas will be restricted to authorized visitors and WAGP personnel only. Local
populations will not have any access to these areas once WAGP construction begins, and
throughout the WAGP operational phase.
No fences will be installed around any other part of the project footprint. The pipeline ROW will
not be fenced, in any WAGP countries. Once the pipeline is buried, the affected land will be
leveled. As such, farmers' access to different parts of their affected plots will not be hindered.
ROW: Pipeline Burial one
The pipeline centerline will be located approximately five meters from one edge of the right of
way. The land within the pipeline burial zone will not be available for any use by the local
population once WAGP construction begins in the vicinity of the pipeline construction area,
except for affected farmers who must travel from one part of their affected plots to another side.
The use of the pipeline burial zone for raising crops or any other purpose (other than
transportation on transecting transportation routes) will be precluded within this zone once
WAGP construction begins and throughout the WAGP operational phase.
WAPCo will post signs (in the appropriate languages) along the pipeline ROW restricting and
limiting access to and use of the land except for those locations identified as public
transportation routes.
3The plant will require seven 18-wheeler truckloads of cement per day. An 18-wheeler truck can handle 10 lengths
of bare pipe and four lengths of concrete coated pipe. Based on a rate of four or five truck loads per hour, the
facility must receive 1200 bare lengths and ship 450 coated lengths per day to keep pace with offshore pipeline
installation.
une Ghana Final Draft RAP Rev
Chapter
ROW: Area Not Included in Pipeline Burial one
Areas within the ROW not occupied by pipeline access roads or burial zones will also not be
made available to the local population for planting and cultivating or for construction at the end
of the construction phase to avoid liability and prevent encroachment that could result in
permanent construction on the right of way except as stated below.
Areas within the ROW not occupied by pipeline access roads or burial zones will be accessible
to the local population throughout the WAGP operational phase for such uses as livestock
grazing, motorcycles, and local foot traffic. Affected farmers who use light machinery to
cultivate their affected plots will likewise be able to cross the ROW.
Transportation Routes Transecting the Pipeline ROW
Less busy roads and footpaths crossing the pipeline routes will be temporarily re-rerouted and/or
closed during the construction phase with provisions made for alternative access for people or
livestock to cross the ROW throughout the period of closure. All alternative routes will be
prepared in advance of the corridor construction to avoid any inconvenience to local residents,
farmers, and traders.
No restrictions on any prior transportation routes that cross the pipeline ROW will occur during
the WAGP operational phase.
WAPCo aintenance and Patrol Roads Within the ROW
For patrol purposes within the pipeline ROW, WAPCo will develop roads roughly paralleling the
pipeline, along the full length of the ROW. These roads will be maintained in a condition
suitable for pipeline system inspection and maintenance throughout the WAGP operational
phase.
Prior uses of land occupied by pipeline roads other than for transportation, e.g., raising crops,
will be terminated once WAGP construction begins and throughout the WAGP operational
phase.
After construction (i.e., during the WAGP operational phase), local residents will be granted
access to their properties through use of pipeline roads as transportation routes. Use of the roads
will be limited to light traffic.
In urban or semi-urban areas, lockable barriers will be erected across all entrances to pipeline
roads to prevent heavy use by car and truck traffic. In these areas, pipeline roads will not be
accessible to cars and trucks, but will be fully accessible for motorcycle and pedestrian traffic
use during the WAGP operational phase.
Once WAPCo takes over the facilities from the contractors, approximately 18 to 24 months after
the final investment decision, a surveillance team will be organized to monitor and prevent ROW
encroachment. WAPCo operators will enforce the access policy through regular patrol.
une Ghana Final Draft RAP Rev
Chapter
Compensation for Lost Assets
The landowners are public agencies for all land to be acquired for the project and will be
compensated based on negotiations. Careful studies based both on the market values and
capitalized income streams have been conducted to establish the basis for negotiations. The
negotiated compensation will include trees and improvements on land. Formal and informal
tenants will be compensated for standing crops and any other improvements they may have
made. When affected land plots are severed and their use is made difficult, the additional
compensation will be reflected in the negotiated prices. Negotiations are ongoing with
traditional owners whose lands were expropriated by TDC and who now claim that they, too,
have certain ownership rights. There are also claims of the tenants (leaseholders) who have been
holding these lands for residential purposes; TDC will provide alternative leasehold land.
Compensation will be in cash, based on agreed upon rates.
Summary of Land Requirements
Land requirements for WAGP in Ghana are summarized below.
Table
Land Re uirements of the Project: Ghana
Land Acquisition Requirement Area (hectares)
Above ground installation site footprints 9.4
ROW (outside site footprint) 1.8
Total Permanent Requirement 11.2
HDD footprint 0.1
Weight-coating plant 15.0
Total Temporary Requirement 15.1
(Extra to permanently acquired land)
Grand Total 26.3
Source: WAGP Draft Final EIA, December 2003.
une Ghana Final Draft RAP Rev
Chapter
Chapter
Policy and Legislative Framewor
Introduction
The West African Gas Pipeline Project will be designed, built, and operated to comply with the
WAPCo International Project Agreement (IPA) and with Ghanaian national legislation and
regulatory standards as well as with relevant international policies and guidelines concerning
resettlement, land acquisition, and compensation, as outlined in this chapter. Also discussed are
any gaps in legislation relating to involuntary resettlement, as well as project measures to ensure
compliance with World Bank Group resettlement guidelines.
In addition to the IPA, the project is subject to the following key national legislation that will
govern land acquisition, resettlement, and compensation activities: The State Lands Act, 1962
(Act 125) and its Regulations and Amendment (2000); the Lands (Statutory Wayleaves) Act,
1963 (Act 186) and its Regulations; and The Conveyancing Decree, 1973, NRCD 175. The IPA
prevails when there may be inconsistencies between the IPA and national legislation, although
national legislation will be the overriding factor in determining the basis for compensation.
Beyond Ghanaian legislative and regulatory requirements, the project will be implemented in
accordance with the corporate standards of the WAPCo sponsors, as well as World Bank Group
policies and guidelines.
This chapter outlines the regulatory framework as it refers to the RAP and discusses the
following categories of legislation:
* IPA or Host Government Agreement (HGA)
* National Legislation
* Land Ownership and Property Rights
* Power of Eminent Domain
* Project Measures to Ensure Compliance with World Bank Group Resettlement Guidelines
International Project Agreement or Host Government Agreement
The IPA guides many aspects of the project in all four project countries (Ghana, Nigeria, Benin,
and Togo) and covers issues pertaining to land and asset acquisition and compensation. In
Ghana, the IPA regime applies in the same manner as in other countries. The overall framework
regarding the granting of land rights by the State of Ghana to WAPCo is contained in Section 21
of the IPA. The IPA rules pertaining to the Ghanaian part of WAGP are described below.
All metering station sites are to be acquired on the basis of exclusive acquisition. On state-
owned land, this requirement would be satisfied by the grant of a statutory occupancy right or the
IPA could require the State of Ghana to declassify the public domain land so that it becomes
private domain and can be sold to WAPCo.
une Ghana Final Draft RAP Rev
Chapter
In terms of compensation, the IPA states that the principles and procedures for quantifying the
amount of such compensation (together with procedures for resolving any disputes) shall be
those applying under the prevailing laws of Ghana.' The IPA refers to national legislation to
regulate the entitlements and determine the compensation. Summarized below, the IPA contains
considerations for developmental action that would allow the livelihoods of the affected
populations to improve over pre-project levels.
E clusive Rights
If the State of Ghana does not own the land, then according to Section 21.3 of the IPA, the
Company shall endeavor to obtain the Exclusive Possession Rights over it. It should do this by
engaging in negotiations with the owner and occupier of the land. This will be done in
accordance with applicable legislation, and WAPCo will have to acquire its title over such land
with the relevant government agencies in Ghana.
Non e clusive Rights
According to Section 21.2 of the IPA, the State of Ghana must grant WAPCo the permanent land
rights (which do not involve an Exclusive Possession Right) that the Company requires. These
rights can be attached to the Pipeline Licenses, or otherwise, in accordance with the Constitution
of Ghana.
States to Procure Land Rights
WAPCo shall notify the WAGP Authority when it has made its Final Investment Decision (FID),
and at the same time notify the WAGP Authority of all locations where it has not obtained the
needed Exclusive Possession Rights over the land. Upon receipt of such notice by the WAGP
Authority, the State of Ghana shall procure the Exclusive Possession Rights to all land within its
territory and jurisdiction (including the seabed) that the Company requires. Such Exclusive
Possession Rights shall be granted by transferring or issuing to the Company the longest form of
exclusive title or right of use available under the laws of Ghana. Following the provision by a
State of such title to the Company, that State shall be responsible for settling any claims made
with respect to that land. The State shall also indemnify the Company for any valid claim made
by any person opposing the Company's rights.
Compensation for Land Not Owned by the State
Section 21.6 and 21.9 of the IPA state that the Company has an obligation to pay to the State of
Ghana, on behalf of owners or occupiers, fair and reasonable compensation for Exclusive
Possession Rights or permanent rights of way or permanent access rights. The principles and
procedures for quantifying the amount of such compensation (together with procedures for
resolving any disputes) shall be those applying under the prevailing laws of Ghana. The
1 "Fair compensation" will not be below the full replacement cost specified by OP 4.12 and in accordance
with WAGP policies established for this project.
une Ghana Final Draft RAP Rev
Chapter
obligations of the Company under this Clause shall be in addition to the obligations of the
Company to pay compensation for damage or disturbance.2
No Compensation for State owned Land
According to Section 21.7 of the IPA, where the land is owned by the State of Ghana or State
Authority, rights shall be granted to the Company without charge, unless a charge for such land
is provided for under local law at the time of the Execution Date. If local laws do provide for
such a charge, then the charge for such land shall be the same as that applicable under that local
law on the Execution Date.
Compensation for Temporary Rights
Section 21.9 states that the Company shall pay to any affected legitimate landowners or lawful
occupiers of land entered in accordance with the granting of temporary rights fair compensation
for disturbance or damage caused by the activities of the Company or the Project Contractors on
such land. The principles and procedures for quantifying the amount of such compensation
(together with procedures for resolving any disputes with respect to such compensation) shall be
those applying under the prevailing laws of Ghana.
National Legislative Framework
Constitution and the Protection of Individual Property
Article 20 of the 1992 Constitution of the Republic of Ghana provides for the protection from
deprivation of property unless such acquisition is made in the interest of defense, public safety,
public order, public morality, town and country planning, or the development or utilization of
property to promote the public benefit.
The land tenure system in Ghana is governed by a complex interplay of customary law, statutes,
and common law resulting in a unique land ownership structure. Four (4) types of land tenure
systems prevail in Ghana: allodial ownership, freehold title, leasehold, and customary tenancies.
Allodial ownership
In some traditional areas in Ghana, this title is acknowledged to be held by kins, stools3,
substools, sub-kins, clans, families, and individuals. The community or person in whom the
allodial title is vested has complete and absolute freedom to dispose of it, subject only to the laws
of Ghana.
2 RAP will ensure that World Bank Group Policy 4.12 will apply should the prevailing national laws not
provide the affected population full replacement cost for their affected assets. It will also ensure that the
compensation provided will restore and improve the income generated from affected assets including land, trees, and
crops.
3Stool lands are defined as lands owned by traditional political units headed by chiefs.
une Ghana Final Draft RAP Rev
Chapter
Freehold Title or Interest
The strongest interest in land available under the law of Ghana is a freehold title. Anyone
possessing such an interest has exclusive occupancy of the land. Freehold title or interest may be
either:
* Customary freehold
This interest in land is held by subgroups and individuals in land acknowledged to
be owned allodially by a larger community of which they are members. It is an
interest held as a right by community members who acquire it by first cultivation or
allotment from the owning group of which they are members; or
* Common law freehold
This interest is held for an indefinite period and derived from the rules of common
law. Both strangers and members of a stool or family could acquire this type of
interest. However, Article 266 of the 1992 Constitution prohibits a non-Ghanaian
from acquiring any freehold interest in any land in Ghana. An entity such as
WAPCo would not be considered a citizen of Ghana unless it incorporated a local
subsidiary of which it owned 49 percent. It is thus not possible for such entities to
obtain freehold title to the land over which it requires rights of exclusive possession.
The Leasehold
The landowner grants this interest to a person to occupy the landowner's land for a specified
period. A leasehold interest is a creation of the common law and not customary law. Either the
holder of the allodial title, customary freeholder, or common law freeholder may grant it.
Subject to any law to the contrary, a lease may be granted for a period as short as one year and as
long as 99 years. Exclusive rights of occupancy are available to non-Ghanaians as leasehold
interests and can be granted for a period of up to 50 years.
Customary Tenancies
These are referred to as lesser interests in land created by owners of the allodial title, customary
or common freehold. They are usually share-cropping, contractual arrangements by which the
tenant farmer gives a specified amount of produce from the farm to the landlord at harvest time.
There are also other forms of customary tenancies in which the consideration for the grant is for
money (such as seasonal or annual tenancies), rather than the sharing of farm produce.
Laws on the Oil Gas Sector as They ay Be Relevant
The Lands (Statutory Wayleaves) Act 186, 1963 and Regulations provides Ghana the rights of
Eminent Domain or entry on any land for the purpose of construction, installation, and
4 According to the World Bank's Ghana Land Administration Project (2003), customary ownership
presents considerable land acquisition problems in the country where the boundaries between jurisdictional rights
and property rights of custodians are not well defined. In this case, WAPCo must consider such complications.
une Ghana Final Draft RAP Rev
Chapter
maintenance of public utility works. Under this Act, a statutory wayleave may be created for,
among other things, any works for the purpose of or in connection with any public utility service.
A statutory wayleave is defined as a right of way or other similar right over any land and is
effective to grant such rights in relation to private, public, and stool lands. A public utility
service means any service provided by a public authority for supplying, among other things,
electricity, water, or gas.
Law on Compensation for Land and Other Assets
Ghana's system of compensation allows for compensation for Eminent Domain and under a
Statutory Wayleave instrument. For Eminent Domain, the compensation can be in the form of
cash or in-kind. This type of compensation system, which offers a choice of cash or in-kind
compensation, has been accepted by the State of Ghana as the most effective and sustainable
means of restoring the livelihoods of people adversely affected by the implementation of a
project.
According to Act 186, Section 6-1 of the Lands Act, the State of Ghana pays compensation or
offers resettlement assistance to people whose properties, lands, or landed property are affected
by government projects. In general, persons whose land has been compulsorily acquired or
whose land has been accessed through a wayleave are entitled to receive compensation. The
same Act also provides avenues of redress for people dissatisfied with compensation provided.
Compensation for Eminent Domain
Compensation is also required under Ghana's Constitution. Compulsory acquisition for the
interest of defense, public safety, or development for the public benefit shall be lawful only
where provisions are made for prompt payment of fair and adequate compensation (Article 20 of
Ghana's 1992 Constitution).
Landowners may receive cash or in-kind compensation for acquired lands or property that has
been affected in one way or the other as a result of project implementation. Under the in-kind
system, the affected or acquired parcel of land is replaced with another parcel of land or property
of the same size and value. This system is an attempt to restore in real terms the property
adversely affected, which may be the owner's source of livelihood.5 In-kind compensation,
however, is more difficult to implement in linear projects.
Compensation for Eminent Domain may be in cash or in kind. The value of the acquired land is
determined and the assessed amount paid to the owner of the acquired land. Under the State
Lands (Amendment) Act of 2000, compensation payable is assessed in reference to:
5 For instance under the Akosombo Project, the Government of Ghana resettled about 80,000 people from
more than 700 villages in 52 newly constructed villages. More than 13,000 houses were built for the affected people
in 52 resettlement townships and were considered to be compensation in kind and an attempt to restore in real terms
the livelihoods of the affected people.
une Ghana Final Draft RAP Rev
Chapter_
* Market or replacement value of the land
* Cost of disturbance or any other damage suffered, and
* Benefits to its inhabitants from the use for which the land is acquired.
In assessing compensation, no account shall be taken of any improvement made within two years
of the acquisition unless the improvements were made in good faith and not in anticipation of the
compulsory acquisition.
Such a claim on land and compensation under the State Lands (Amendment) Act would need to
be made within six months of the land acquisition declaration. Claims would ordinarily be
referred to the Land Valuation Board (a body attached to the Lands Commission) after the Lands
Commission had accepted the validity of the claim. Any disputes about the title of compulsorily
acquired land would be settled in the High Court, which has jurisdiction over such disputes. The
Land Valuation Board's decision on compensation is final. Chapter 5 presents in detail the
principles and methodology of Land Valuation.
Compensation for Statutory Wayleaves
Also, when a person suffers loss or damage as a result of specified works under a wayleave
instrument, that person is entitled to compensation for the loss or damage.6 The Minister of
Lands and Forestry assesses this compensation. The claim must be made within three months of
the grant of the wayleave unless otherwise permitted by the Minister. No compensation will be
awarded if the works constructed do not substantially interfere with the enjoyment of the land. If
anyone is dissatisfied with the amount of compensation assessed, the Minister may refer the
matter to a Tribunal consisting of three persons, appointed by the President, one of whom shall
be a High Court Judge.
Law of E propriation or Eminent Domain
Eminent Domain
The President of Ghana, under the Constitution and State Lands Act, 1962 and in the interest of
defense, public safety, or development for the public benefit, may compulsorily acquire any land
in Ghana. Thus, this Act provides for land acquisition in the national interest. The Government
effects acquisition of private lands through the issuance of legislative and executive instruments,
which determine the procedure for acquisition and compensation. The necessity for such
acquisition should be clearly stated and provide reasonable justification for causing any resulting
hardship that may result for any person who has an interest or right in the property.
In order to acquire the land, the President makes a declaration under an Executive Instrument
that the land is required for the public interest. The land shall then become vested in the
President who shall hold it in trust for the State, free from all encumbrances upon the publication
of the said instrument. This Act supersedes the State Property and Contracts Act of 1960.
6 The Lands (Statutory Wayleaves) Act, Section 6(1).
une Ghana Final Draft RAP Rev
Chapter
Statutory Wayleave Instruments
The second means of compulsory acquisition is by the Lands (Statutory Wayleaves) Act, 1963-
Act 186, which allows for a more expeditious process of acquiring permanent lands in Ghana.
This Act is probably the most relevant Act in place with regard to land acquisition for building a
pipeline, both onshore and offshore. Section 1 of this Act empowers the President-whenever,
in his opinion, it is in the public interest-to provide for entry on any land for construction,
installation, and maintenance of public works and for the creation of rights-of-way and other
similar rights with respect to such works. A public utility service means any service provided by
a public authority for supplying, among other things, electricity, water, or gas. These works are
to be provided by the Republic, Local Authority or, any Statutory Corporation. If this means of
compulsory acquisition is undertaken, an application is made to the Lands Commission, which
then consults with the Minister of Lands and Forestry to set up a Committee. A statutory
wayleave is granted to a specific person to enable specified works to be carried out. For this type
of acquisition, land use is separated from land ownership.
A wayleave instrument must contain the following elements:
* Description (with measurements) of the land affected by the Lands Act together with a plan
showing the position of the works constructed thereon, and
* Particulars of the person or body receiving the benefit of the wayleave
A copy of every wayleave instrument shall be served on the owner or occupier of the land
affected by the statutory wayleave and, if neither the owner or occupier can be found, it shall be
posted in a conspicuous place on the land and published in a local newspaper.
The right may be terminated in accordance with the Lands (Statutory Wayleaves) Regulations
1964, including revocation by the President, based on the recommendation of the Minister of
Lands and Forestry after the wayleave ceases to be used for the purpose for which it was granted.
Laws Governing the Ac uisition of State Owned Assets, Including Land
All public land is vested in the President of Ghana and held in trust by him for the people of
Ghana. The Lands Commission7 manages all public land on behalf of the President. In each
region, a branch, known as the Regional Lands Commission,8 performs the functions of the
Lands Commission. The acquisition of any rights of exclusive possession over public lands
would necessitate discussions with the relevant Regional Lands Commission for a lease over the
selected site.
7Article 258 of the Constitution.
8 Article 260.
une Ghana Final Draft RAP Rev
._Chapter
Laws Governing Ac uisition of Community Properties, Including Water
Resources, Irrigation Schemes, Access Roads, etc
In Ghana, the traditional rights of an individual to a natural resource are determined by the
individual's membership in a community/society or a family. However, this right cannot be
exercised in instances where a Statute regulates the expropriation of the natural resource. A
private entity, such as WAPCo, seeking to acquire community property would operate under The
Lands (Statutory Way leaves) Act, The Energy Commission Act, The States Lands Act, 1962
(Act 125), Regulations and Amendment (2000), and The Conveyancing Decree 1973, NRCD
175.
Law of Land Registration, Land Ownership, and Property Rights Under
Different Regimes
Registered Lands
The Land Registry Act 1962 has been amended and supplemented by the Land Title Registration
Law 1986. The Land Registry Act 1962 provided only for the registration of instruments
affecting interests in land. The Land Title Registration Law 1986 provides for the registration of
land titles as well as interests.
The effective characteristics of the Land Title Registration Law are that the land which is the
subject of any conveyance is placed on the folio of the Land Register as a unit of property, and
transactions are recorded by reference to the land itself and not merely to instruments executed
by the parties. Registration constitutes a warranty of title in the person registered as a proprietor
and as a bar to adverse claims.
The Land Title Registration Law 1986 provides for the registration of a person as a proprietor of
land if in relation to that land:
* The person is the allodial owner, i.e., he holds it under customary law in such a manner that
there are no restrictions on his rights as a user or obligations in consequence of his holding
other than any such restrictions or obligations generally imposed by the law of Ghana.
* The person holds a customary law freehold, i.e., he holds the rights of a user to free use of that
land under customary law, subject only to restrictions or obligations that may be imposed
upon a stool or family member who has taken possession of land of which the stool or family
is the allodial owner, either without consideration or with payment of a nominal
consideration.
* The person holds the land for an estate of freehold vested in possession or an estate or
interest less than freehold according to the rules of common law.
* The person holds a leasehold interest, which is an interest under a lease for a term of years of
which more that two years are unexpired; or
une Ghana Final Draft RAP Rev
Chapter
* The person holds a lesser interest; i.e., he holds an interest in land by virtue of any right
under contractual or share cropping or other customary tenancy arrangements.
Unregistered Lands
Under the unregistered land system, a transferor must prove his title to the property by producing
an abstract of his title, which is a record of past conveyances and events affecting the property at
least 30 years back. Conveyancing Decree [NRCD 175] governs this system.
Construction Right and ROW Enforcement
As noted above, the Lands (Statutory Wayleaves) Act, 1963 provides for entry onto any land for
construction, installation, and maintenance of works of public utility as well as for the creation of
rights of way for such works. Where an entity has exclusive possession rights and enjoys the
rights envisaged under the Lands (Statutory Wayleaves) Act, no separate construction right
legislation exists or is required.
Laws Pertaining to Resettlement and Relocation
Under the State Lands (Amendment) Act of 2000, where a compulsory acquisition or possession
of land under this Act involves displacement of any inhabitants, "the Lands Commission or such
other government agency shall settle the displaced inhabitants on suitable alternative land with
due regard for the economic well-being and social and cultural values of the inhabitants
concerned."
In terms of private treaty acquisition, no known law in Ghana presently defines procedures for
resettlement of project-affected people, even though there are clear-cut legal means for making
claims for cash compensation. In these circumstances, therefore, procedures for involuntary
resettlement as well as the rights of settlers are determined through negotiations, which can be
enforced by the law courts. As with compulsory acquisition under the State Land Act, the Land
Valuation Board attached to the Lands Commission plays a vital role in resettlement issues.
Appeals Procedures as Specified in National Legislation
Should any dispute arise during the process of acquiring lands, land tribunals are being
specifically set up as part of Ghana's judicial reform program. However, in accordance with
Section 4 of State Lands Act, Act 125, any person claiming ownership of any land compulsorily
acquired may deliver to the Minister of Lands and Forestry; particulars of his claim or interest in
the land, how his interest or claim has been affected, extent of damage suffered, and
compensation claimed and the basis thereof. For further disputes, a person may issue a writ of
summons in the High Court, which continues to oversee land issues. Any decision of the
tribunal may be appealed to the Court of Appeal within 28 days. A High Court Judge will chair
a land tribunal.
une Ghana Final Draft RAP Rev
Chapter
Laws Regarding Protection of Cultural Assets
A due diligence assessment indicated that no laws in Ghana deal with matters of protection of
cultural assets. Therefore, to comply with World Bank Group policies in this regard, WAGP
ensured that the pipeline routes would avoid areas of cultural assets, such as churches, mosques,
and shrines. There is also ongoing consideration for re-routing, where necessary, to avoid
affecting areas and sites of cultural value.
3.4 Project Measures to Ensure Compliance with World Bank Group
Resettlement Requirements
In general the Ghanaian laws and regulations provide for an adequate resettlement framework,
including land acquisition and compensation matters. However, there is a substantial difference
between World Bank guidelines and Ghanaian laws about the eligibility criteria for
compensation. In particular, although the Lands Act 186 (Statutory Wayleaves) Section 6-1
states that any person whose property is affected by public projects shall be entitled to
compensation, compensation eligibility is not explicit. Compensation appears to be essentially
based on a right of ownership. This is contrary to OP 4.12, Sections 15-b-c that classify those
with no formal legal rights to land or those with no recognizable legal right or claim to the land
they are occupying as eligible for compensation. In particular, OP 4.12 requires that
compensation must be made to the following three categories of the affected population:
* Those with formal rights to land, including customary and traditional rights recognized under
the local laws
* Those with no formal rights to land at the time the census begins but with a claim to such
lands or assets; and
* Those with no recognizable legal right or claim to land they are occupying
Therefore, in addition to legal owners of the affected land, the project will adhere to the
principles of OP 4.12 and compensate land users. The users will be paid for all standing crops
and all improvements and investments made to the land.
Furthermore, the Traditional Councils of Stool Lands, lands customarily used by communities on
the basis of ancestral ties to the land, claim that they must be compensated for the interference
with the land on the proposed R&M Station site in Tema. Since TDC is the legal owner of this
land, according to OP 4.12, this matter falls outside RAP, and compensation must be paid only to
the legal owner. However, for purposes of good community relations, issues of the claims of the
Traditional Councils and TDC have been resolved internally.
OP 4.12 also requires that compensations be made in cash or in-kind depending on the
preferences of the affected people. These payments should be made promptly in a form of a
single payment and must cover full replacement cost for lost assets. Cash compensation for lost
assets may be appropriate when:
une Ghana Final Draft RAP Rev
Chapter
* Livelihoods are land based, but the land acquired by the project is a small fraction of the
affected asset and the residual is economically viable;
* Active markets for land, housing, and labor exist; or
* Livelihoods are not land-based.
une Ghana Final Draft RAP Rev
I
i
I
I
I
i
I
l l l l | | l |Chapter
Chapter
Overview of Project Affected Communities
4.1 Introduction
Three sources of primary data were drawn upon to prepare the description of the existing
socioeconomic situation in the project-affected communities in Ghana:
* Household and community surveys conducted within the framework of the project's
Environmental and Social Impact Assessment (ESIA, 2003)
* WAGP's information from public consultations (2003), and
* Ghana Estate Survey and Valuation Assessment (2003)
In addition to the primary data, secondary sources of data were used to obtain information on the
demographics, health, employment, income, education, infrastructure, and sources of energy in
the surveyed communities. Primary data was collected through the field survey instruments.
Secondary sources of data included a variety of existing country literature and data sources from
the World Bank, the United Nations, and the Central Intelligence Agency (CIA) World
Factbook.
This chapter presents the analysis of these data and focuses on the area affected by the WAGP
project: in and around the proposed onshore lateral pipeline from offshore to the Regulating and
Metering (R&M) stations and their footprints. Land acquisition for the project will affect the
communities of Abuesi and Aboadze (near the Takoradi project site), Tema New Town (TNT),
and Kpone (near the Tema project site).
The dated list of directly affected people in the communities of Abuesi and Aboadze, Tema New
Town (TNT), and Kpone is available including socioeconomic characteristics and will be made
public in appropriate public places, after the Final Investment Decision (FID) is taken.
4.2 General Findings of the Socioeconomic Survey
Overall analysis of the socioeconomic data reveals that project impacts in affected areas in
Ghana will be small and highly localized due to the small number of affected land plots. The
affected people expressed their preferences for cash compensation for loss of their means of
livelihoods and assets. Other findings can be summarized as follows:
* Most affected lands are located in more industrial areas, where land-based agricultural
activity constitutes a small portion of household incomes.
* Education and literacy rates are high among the population in the affected areas, thus
facilitating the dissemination of information on project activities.
* The proposed project route does not go through any residential structures, and no physical
relocation is required.
une Ghana Final Draft RAP Rev
Chapter
* Livestock management is not a significant activity among the households in the affected
communities. Most households depend on a combination of regular wage income and self-
employment such as fishing and small contractor jobs.
* Households in surveyed communities view the project in a positive light, mainly due to
expected employment impacts. There is little concern with land-acquisition activities and
adverse project impacts.
4.3 Household Survey Conducted for the ESIA
Within the framework of the ESIA, a socioeconomic baseline of the communities in and around
the WAGP project footprints has been established based largely on a household survey
conducted in June 2003. However, the survey was carried out primarily to assess broader
socioeconomic impacts and did not specifically target the households whose lands and other
assets will be acquired by the project. As such, it did not incorporate data to measure household
incomes directly attributable to the assets or activities affected by the project.' Findings in this
chapter apply to the communities adjacent to the project area. No special surveys were
conducted with households affected by the land acquisition activities of the project. Since the
number of directly affected households is low, with only 36 land plots in the two communities to
be affected, the general findings of the household survey could be assumed to apply to those
affected.
ey Findings of the Household Survey
The household survey was carried out in June 2003 in the four communities near the proposed
pipeline route in the Greater Accra and western regions of the country; specifically, Tema New
Town (TNT) and Kpone in the Tema Metropolitan area, and Abuesi and Aboadze in the
Takoradi Metropolitan area.
For purposes of the ESIA, a random sample of 436 households was drawn for the household
survey in these communities. Approximately 100 households were surveyed, in each of the four
communities and a total of four community meetings were held. The sample size of the survey
ensures that data analyses will yield statistically significant results. The survey is considered
representative of the communities adjacent to the project area in Ghana.
ESIA Community Survey
The community survey was conducted during June 2003 in each of the communities of TNT,
Kpone, Abuesi, and Aboadze (covering both affected and non-affected residents of these
communities). In the survey, a diverse group of community members was invited to participate
in the assessment of community characteristics and evaluate perceived project impacts. Survey
groups generally consisted of between five and ten people, of diverse age, gender, and social
' As such, the socioeconomic data requirements specified in OP 4.12 with respect to the project-affected
populations were met through re-analyses of the ESIA data. A small-scale baseline line will be prepared with the
directly affected households as part of the monitoring effort to fill in any data gaps that may have existed during the
preparation of this RAP report.
une Ghana Final Draft RAP Rev
Chapter
status. As such, these surveys had a broader scope of inquiry than the household surveys, which
focused on household data. These community meetings also provided an opportunity to inform
the community of project activities and initiate the process of community consultations.
Public Consultations
WAPCo conducted 60 formal stakeholder consultations in Ghana and a number of
undocumented meetings and consultations in light of land ownership issues between the Tema
Development Corporation and Kpone in Tema, and with VRA at Takoradi. At these
consultations, stakeholders were given a forum through which to provide their input on EIA-
related concerns, issues, and other matters even beyond the scope of the EIA or RAP. In Ghana,
the EIA was the primary issue addressed: the issue of the EIA was a focus of discussion at 16 of
these meetings, whereas land acquisition and compensation was a focus at only four.
Several communities within the project areas of Tema and Takoradi were consulted. Chapter 7
provides a discussion and summary table of individual consultations, and minutes and notes from
a number of the consultations.
Estate Survey and Valuation Assessment
An independent Estate Survey and Valuation Assessment was conducted in and around the
project area in Ghana, focusing specifically on the households whose land and other assets will
be acquired by the project. The assessment was conducted in accordance with all Ghanaian land
acquisition laws and regulations and all applicable legal authorities. The Estate Survey
determined exact land demarcations, access issues, ownership, community stakeholder issues,
valuations, and assessments of property to be purchased. Chapter 6 of this report relies heavily
upon the detailed information provided to quantify the amount and type of land impacted and
subsequent socioeconomic consequences of the proposed land acquisition.
Secondary Sources
Additional information was obtained from secondary sources, such as the Ghana Population and
Housing, Living Standard, and Health Survey census reports, and government ministry and
department reports. Additional data and information were collected from the National
Population and Housing Census Report (2000); existing data collected by the Institute of
Statistical, Social, and Economic Research (ISSER) at the University of Ghana; survey work by
Acres International Limited in the mid-1990s; and some national data collected from multilateral
sources such as the World Bank, the United Nations, and the African Development Bank.
4.4 General Description of Project-Affected Communities
The proposed pipeline will have two onshore delivery laterals terminating at R&M stations in
Tema (Greater Accra Region) and Takoradi (western region). The R&M stations will be sited,
more specifically, near the towns of TNT and Aboadze. The lengths of the proposed onshore
lateral pipelines are about 520m at the Tema site and 900m at the Takoradi site.
une Ghana Final Draft RAP Rev
Chapter
In the Tema metropolitan area, the pipeline will be located between Kpone and TNT, both
fishing villages in the Tema Municipal Assembly District of the Greater Accra Region, lying
about 1km east and 1km west of the pipeline, respectively. TNT is a resettlement community
consisting mainly of residents relocated from the Tema harbor area when it was built in 1962.
The proposed pipeline crosses the TNT-Kpone (Paradise Beach) coastal road. There are no
residential facilities within 200m on either side of the ROW centerline. Structures nearest the
pipeline ROW are temporary wooden structures for seasonal fish smokers. A number of
subsistence (maize and vegetables) farms are situated in the proposed pipeline ROW where
survey pillars indicate land demarcation for future building.
In the Takoradi metropolitan area, there are no structures in or near the pipeline ROW or the
R&M Station other than industrial facilities associated with the Aboadze Thermal Station as
shown previously. In 1996 the Volta River Authority (VRA) constructed this power plant to
supplement electricity supply from the Volta Dam at Akosombo and Kpong. The two fishing
communities of Aboadze and Abuesi in the Shama-Ahanta East Metropolis (SAEMA) district of
the western region, are located approximately 1.5km and 3km east, respectively, from the
proposed pipeline ROW.
Population
In 2000, the population of Takoradi (comprising the SAEMA) was 369,166 according to the
latest census (2002). The population of the Aboadze community increased from 4,495 in 1984 to
9,399 in 2000. The high increase in growth rate is attributable largely to the construction and
establishment of the Takoradi Thermal Plant within the last seven years, and associated
migration into the community.
Similarly, the population of Abuesi, the community adjoining Aboadze (the two have virtually
become one twin or merging community, even though they maintain their own individual
traditional identities), also has experienced tremendous population increase within the last two
decades, almost doubling from 1984 to 2000. Immigration is largely due to domestic migrants,
mostly arriving from the southern region of the country. Local population growth trends are
summarized in Table 4.4-1. Given the population of the affected areas, the project clearly
impacts a negligible fraction primarily through the acquisition of small plots of land.
Table Population Growth in the Affected Communities
Population Percent Average Annual
Community (2000) Increase Growth Rate
Since 1984 (percent)
Aboadze 9,399 09 4.7
Abuesi 8,873 94 4.2
TNT 58,786 87 4.0
Kpone 11,230 62 3.1
Source: ESIA Household and Community Survey, 2003.
une Ghana Final Draft RAP Rev
Chapter
Demographics
In TNT and Kpone, about 51 percent of the population is female. In Abuesi and Aboadze, the
male population is slightly higher than the female population (52 and 48 percent, respectively).
More than 70 percent of the household heads as well as those aged 25 and over in the surveyed
communities are married (Table 4.4-2). TNT and Kpone also have a higher percentage of
unmarried adults compared to Abuesi and Aboadze. This may be the result of the fact that the
Tema area, with more industries, tends to attract younger job seekers, most of whom are single
and more mobile.
Table arital Status of Household Head in Surveyed Communities
Marital Status Percent
Takoradi Tema
Divorced 5 4
Married 83 75
Single 7 16
Widowed 5 5
Source: ESIA Household and Community Survey, 2003.
Migration within Ghana is especially significant among coastal fishermen, many of whom search
for work in the most fertile fishing grounds in Ghana. Anecdotal evidence indicates that most
migration indicated in the survey reflects seasonal migration. Table 4.4-3 and Figure 4.4-1
illustrate the migrants in these communities.
Ethnic Groups
The largest ethnic group in the Coastal regions is generally the Akan, followed by the Ewe,
Ga/Adangbe, Mole/Dagbani, and non-Ghanaian (including Yoruba). The Akan are also the
dominant ethnic group in the western region, where Takoradi is located. In the Greater Accra
region, where Tema is located, Ga/Adangbe is the dominant ethnic group.
The ethnic composition of the two study areas is shown in the following table (Table 4.4-4). The
two communities of TNT and Kpone are predominantly inhabited by the local Ga-Adangme
populations, who have settled in these locations for centuries and currently account for 61.5
percent of the population in these communities. However, there is a sizeable representation of
Akan and Ewe ethnic groups. The ethnic composition in Abuesi and Aboadze is largely
uniform.
Household Characteristics and Structure
The communities of Abuesi and Aboadze have an average household size of 5.3 people while
those in the communities of TNT and Kpone have an average household size of 4.1. Decision-
making in traditional matters is usually the responsibility of the men in the communities where
both pipeline ROWs are located, while household duties are typically the responsibility of the
women in all the communities.
une Ghana Final Draft RAP Rev
Chapter
Table igratory Status of Households in the Surveyed Communities
percent of households
Original Community Abuesi and Aboadze TNT and Kpone
l Original Community (percent) (percent)
From southern parts of the country 30 37
From northern parts of the country 5 8
Another country 1 1
The same community they currently live in 64 53
Source: ESIA Household and Community Survey, 2003.
Figure igratory Status of the Households in Surveyed Communities
70- / |lM ig ra nt
60-~~~~~~~ N |M on-m ig ranIt
Abuesi and Aboadze TNT and Kpone
Source: ESIA Household and Community Survey, 2003.
Table :Ethnic Composition of the Surveyed Communities
_ Percent_ _
Ethnic Group Abuesi and TNT and l
___ ___ ___ ___ ___ __ Aboadze Kpone l
Akan 97 26 l
Ewe 2 10
Ga-Adangme 0.5 62
Mole-Dagbani 0.0 1
Others 0.0 0.5
Source: ESIA Household and Community Survey, 2003.
Note: The ethnic composition is based on self-reporting by the head
of household.
une Ghana Final Draft RAP Rev
Chapter
Community Leadership and Governance
In Ghana, two parallel government systems operate at the local level, the district assembly
administrative structure and traditional administrative system. While the district administration
consists of elected representatives as well as central-government-appointed personnel, the
traditional administration derives from the chieftaincy institutions. At the community level, the
elected assemblyperson serves as the main link between the district assembly and the
community.
Chiefs and elders who constitute the traditional administrative institution also fill both judicial
and executive functions within the communities. Chiefs, elders, and other opinion leaders are
important figures in the leadership structure in the coastal regions as indeed in other parts of the
country. The preferred dispute resolution mechanisms in the coastal regions are courts of law
and, to a lesser extent, traditional councils, followed by meetings among concerned parties, and
then with an independent arbitrator. The district assembly and police are the least preferred
arbiters of disputes.
Historical and Cultural Resources
No historical or cultural resources (churches, gravesites, praying grounds, and shrines) will be
impacted by the pipeline ROW, R&M station, vent stack, and future compressor station. A
sacred baobob tree adjacent to the Takoradi R&M station has been identified, and WAGP has
taken measures to ensure that this tree will not be impacted by construction or operation
activities.
Access to Infrastructure and uality of Life
The Tema Municipality is part of the Accra-Tema Metropolitan Area, and the Takoradi sub-
Metropolitan Area forms part of the Sekondi-Takoradi Metropolitan Area. With their current
municipal status, Tema and Takoradi are fairly well supplied with basic infrastructure such as
urban roads, electricity, piped water, permanent market structures, police posts, hospitals and
other health centers, schools, and postal and communication facilities. The communities of
Aboadze, Abuesi, TNT, and Kpone have semi-urban development: they have limited
infrastructure compared to their respective larger metropolitan areas.
Transportation
The household survey suggests that walking and public transportation are the primary modes of
transportation in the survey communities. Most residents in the surveyed communities do not
own a bicycle or car. The public transport system in the surveyed communities is fairly
developed, with buses of different sizes providing services within and between towns and cities.
There are 220km of roads in the Tema municipality. The road network in the Tema municipality
and suburban TNT is fairly dense, although some streets are in poor condition. Tema Township
passes through TNT, crosses the proposed pipeline route, and extends to nearby Kpone. This
gravel- and dirt-surfaced road, in generally poor condition, is the most direct route from these
une Ghana Final Draft RAP Rev
Chapter
villages to Tema Township. In Takoradi, the closest road to the pipeline and R&M site is the
private, industrial access road to the Takoradi thermal power plant.
Telecommunications
Telecommunication development and access are limited in the area of the WAGP project in
Takoradi. The household and community survey showed that only six percent of the people in
Abuesi and Aboadze have access to a telephone. There are no public phone booths in these
communities. The telecommunication infrastructure is more developed in Tema Municipality
mainly because of its proximity to the nation's capital of Accra and also because of its status as
the country's major port and industrial center. There are approximately 9,200 telephone lines in
the Tema Municipality. Access to telephone facilities in TNT and Kpone is presented in the
following table (Table 4.4-5).
Table : Telephone Access in the Surveyed Communities -
Tema Project Site
Percent of Households with
Telephone Type Telephone Access
Abuesi and TNT and
Aboadze Kpone
Public Phone 5 75
Fixed-line Phone in House - 20
Mobile Phone 0.5 10
No Phone Access 94 5
Note: Sources are not mutually exclusive; respondents may use multiple
types of telephones.
Source: ESIA Household and Community Survey, 2003.
Housing and Other Building Structures
There are no residential buildings within a 400m-wide corridor (200m on either side of the ROW
center line) in Tema or Takoradi (WAPCo Population Density Survey, 2003). Within the
pipeline ROW in Tema, however, a few building plot owners have erected boundary pillars
about 250m from the beach on their land.
According to the census, the main materials for housing construction typically consist of one or
some combination of the following materials: clay, corrugated iron sheets, cement, and thatch or
palm leaf (Table 4.4-6). In Takoradi, the most common material for wall construction is clay,
and roofs are commonly made of corrugated iron sheets.
Community Amenities, Facilities, and Social Services
TNT and Aboadze have permanent markets, which are centers of active social and economic
activity. The markets are located in the center of the communities and have permanent structures
to ensure security. The surveyed communities also have public services such as a post office,
police station, and communication centers for telephone and facsimile facilities. Although there
are no 'durbar' grounds (public meeting places) or community centers, entertainment and
une Ghana Final Draft RAP Rev
Chapter
Table aterials for House Construction
Construction Material Western Region Greater Accra Region
(No. of Houses) (No. of Houses)
Mud/Mud Brick Clay 244,228 58,880
Cement 127,350 478,128
Wood 20,454 63010
Total 430,182 644,233
Source: GSS 2000 Population and Housing Census, 2002.
recreational facilities, such as video centers and football fields, are available. The project is not
located near any community facility.
Education
Ghana has a free basic education system, compulsory up to age 15. The country has high
primary school enrollment rates, in excess of 70 percent for both males and females.2 However,
the secondary school enrollment rates tend to be lower than that of primary school. In 1995, the
secondary school enrollment rate was 44 percent for males and 28 percent for females (World
Education Report, 1995). The 2000 census results show that 53 percent of the population of
Ghana above 15 years of age is literate in either English or a major Ghanaian language. Thus,
given the high literacy rates of the affected populations their capacity to evaluate issues
pertaining to social and land acquisition impacts is high as is their ability to choose between in-
kind and cash compensation.
Land and Water Use
As shown in the following table (Table 4.4-7), less than 20 percent of the households in the
surveyed communities derive significant income from the land or water adjacent to their property
for subsistence or commercial activities. For instance, only 11 percent in Abuesi and Aboadze
communities indicated that they have subsistence agricultural activity on their land, as opposed
to 18 percent in TNT and Kpone.
In Tema, most land that will be acquired for the project is currently being used for small-scale
agriculture. The land at the Takoradi location is industrial and owned by the Volta River
Authority (VRA). The Estate Survey (2003) identified agricultural lands and crops on the
affected land; there were no common water bodies or irrigation facilities on the affected land.
Energy Consumption
Most households in the surveyed communities have access to electricity. As the following table
indicates (Table 4.4-8), virtually all the households obtain their electricity from the national grid.
The supply of electricity is intermittent and not very reliable.
2 From 1998 to 1999, the gross primary enrollment rate was 82.49 percent for males and 73.82 percent for
females.
une Ghana Final Draft RAP Rev
Chapter
Table Household Land and Water Uses in Tema and Ta oradi*
Abuesi and Aboadze TNT and Kpone
(percent of households who use (percent of households who use
land for each activity) land for each activity)
Subsistence Farming 11 18
Commercial Farming 1 18
Small Business 6 7
Subsistence Fishing 12 12
Commercial Fishing 6 11
Source: ESIA Household and Community Survey, 2003.
*Note: The numbers in this table indicate only the portion of households engaged in each activity, in each
community. For instance, 18 percent of TNT and Kpone households are engaged in commercial farming; this means
that 82 percent do not have any commercial agriculture on their land plots.
Table Sources of Electricity
Percentage of Households
Source Abuesi and TNT and
Aboadze Kpone
Both National Electricity Grid and Generator 2 -
Generator 2 1
National Electricity Grid 96 99
Source: ESIA Household and Community Survey, 2003.
As a primary or alternative/substitute energy source, rural households are more likely to use
firewood, whereas urban houses are more likely to use charcoal, depending on their income
levels. However, firewood has recently become scarcer due to overexploitation.
Sources of firewood are not affected by project land acquisition activities.
4.5 Micro-economic Situation
Labor Force and Employment Activities
In the surveyed villages, the majority of the population of working age is currently employed. In
TNT and Kpone, 71 percent of the population aged 14 and over is engaged in some labor activity
while 81 percent in Abuesi and Aboadze are currently working.
The majority of residents in the surveyed communities are in the services sector, followed by
agriculture and industry. The services sector typically encompasses agricultural-related services
activities, such as the trade of farm and fishing products. Figure 4.5-1 and Table 4.5-1 illustrate
the employment activities in the surveyed communities.
une Ghana Final Draft RAP Rev
Chapter
Figure Employment Distribution by Type of Employer
in Tema and Ta oradi
population aged and older
70 , Private EPublic
60 , M ilitary * Self
* Other
50
40
30-
20
0
Abuesi and Aboadze TNT and Kpone
Source: ESIA Household and Community Survey, 2003.
Table Employment Distribution by Occupation
age and older
Percent
Abuesi and TNT and
Aboadze Kpone
Livestock Production 0 5
Crop Farming 3 21
Fishing 26 12
Trade/Commerce 37 16
Carpentry/Furniture 4 2
Clothing/Tailoring 3 3
Mechanics, Drivers, Delivery Services 6 8
Worker/Laborer (including
manufacturing and construction) 20 14
Professional Services 4 6
Unemployed/Does Not Want to Tell 1 13
Source: ESIA Household and Community Survey, 2003.
The largest share of people in Abuesi and Aboadze is engaged in commerce and fishing, while
the most common occupations in TNT and Kpone are commerce, crop farming, and fishing
(Figure 4.5-2). Overall, there is limited commercial activity such as fish processing, sand
winning, and vegetable cultivation, within both project footprints. Although the survey did not
provide reliable information on child labor, it is important to note that sufficient evidence at the
une Ghana Final Draft RAP Rev
Chapter
Figure Employment Distribution by Occupation age and older
40S an CAbuesi and Aboadze 0
35- a a i c r and b Kl ne
30-.
25-l_
20 -
Source: ESIA Household and Community Survey, 2003.
national level suggests that, in many instances, children younger than 14 years of age are
economically active.
In TNT, Kpone, Abuesi, and Aboadze, fishing, crop farming, and brick laying are jobs
dominated by men. Though they are prohibited from fishing, women are typically involved in
fish preparation (selling, trading, processing) as well as hairdressing and domestic-related
activities. Crop farming, on the other hand, tends to be a more evenly shared activity.
Approximately 59 percent of women in the western region are involved in agriculture in
comparison to 51 percent male participation. Women play an important role in trade.
Agriculture and Fishing
Crop Farming
Farming is not an important activity in TNT and Kpone, and has been on the decline in recent
years.3 Farming is carried out by only a few people in these communities (13 percent) and only
at a subsistence level. Between TNT and Kpone, on a portion of the proposed pipeline ROW
and R&M station, some agricultural land is used for seasonal, subsistence farming by those who
live in the neighboring communities. This land is farmed only during the rainy season.
Considering the low dependence on agriculture and small number of plots affected, the adverse
income impacts from the project are likely to be small, as well. The project footprint in Takoradi
3 As such, the willing-buyer/willing-seller arrangements applied to the project's land acquisition approach
are appropriate and in compliance with OP 4.12.
une Ghana Final Draft RAP Rev
--Chapter
will also not disturb any agricultural land, as it is entirely within the previously acquired land
currently owned by the VRA.
Livestock Production
Most households in the project area do not own livestock. Of the small number of households
that raise animals, chickens and goats are the most commonly found. The majority of
households in Abuesi and Aboadze raise chicken as well as goats, but in small numbers.
Fishing
Subsistence and commercial fishing are important activities along the Ghanaian Coast. Most
coastal-region communities engage in fishing. The fishing sector includes both marine and fresh
water fishing. Marine fishing is by far the most common type of fishing in the coastal regions,
consisting of deep-sea (50km or more offshore), in-shore (between 15km and 49km offshore),
and coastal fishing (less than 15km offshore). Trawlers operate the deep-sea (industrial) fleet.
Small boats (locally built trawlers) and motorized canoes operate in-shore fisheries (semi-
industrial fleet), while canoes (artisanal fleet) operate the coastal fisheries.
The prime fishing season (upwelling period) occurs for two to three months between July and
September, with the majority of a fisherman's annual income earned during this period. Some
fishing activity is also conducted during the minor upwelling period in January and February.
Fishing is reduced to subsistence levels outside the upwelling periods (Acres, 1995).
In TNT and Kpone, the most common fishing method among fishermen is the hook line,
followed by throw nets. To a far lesser extent, fishermen in these communities use seine nets or
trawl perpendicular to shore. The overwhelming majority of fishermen in these communities use
fishing vessels less than 8m in length (artisanal/canoe). A noticeable number of fishermen
(nearly 15 percent of the population) also use an in-shore/semi-industrial fishing vessel built
locally for a water depth range of 8m to 35m. In the fishing communities in Abuesi and
Aboadze, the primary method of fishing differs from that in TNT and Kpone. Nearly 90 percent
of the fishermen in Abuesi and Aboadze use seine nets, and almost all the fishermen use
artisan/canoe-fishing vessels. The activities of fishermen with bottom-trailing nets might
conflict with pipeline operations. Table 4.5-2 illustrates the fishing methods in these
communities.
une Ghana Final Draft RAP Rev
Chapter _
Table Fishing ethods
Percenta e
Abuesi and TNT and
l_________________________________ Aboadze Kpone
Households Engaged in Fishing 51 40
Fishing Method _
Hand Lines 0.0 6
Hook Lines 5 39
Net Traps 3 4
Seine Nets 90 9
Throw Nets I 30
Trawling Parallel to Shore 1 4
Trawling Perpendicular to Shore 1 7
Other - 2
Note: Sources not mutually exclusive; respondents may use multiple methods.
Source: ESIA Household and Community Survey, 2003,
Trade
Trade and commerce are important economic activities for the surveyed communities. Petty
trading is significant, and mostly involves women trading in goods such as food items like sugar,
milk, canned products, textiles, toiletries, and pharmaceutical products, etc. In the Tema area,
the Ghanaian government is seeking to promote trade and industry; with assistance from the
World Bank; it has developed special tax and tariff regimes.
Industry ining and anufacturing
Tema and Takoradi are major industrial centers in Ghana. Tema is the most industrialized city in
Ghana. There are three steel manufacturing companies and two large textile-manufacturing
companies in Tema. In addition to these heavy industries, there are also more than 250 light
industry companies in the chemicals, textiles, food processing, engineering, paint, fish cold
stores, printing, and woodworking enterprises. Takoradi is the third largest industrialized city in
Ghana, and accounts for 25 percent of all manufacturing activities in the western region (Acres,
1995). There are approximately 28 industrial companies, most of which process agricultural,
forest, or mining products, with the remaining functioning as sawmills and limestone product
processing plants.
The Estate Survey and Valuation Assessment (2003) did not identify any industrial facilities
within the project footprint or facilities (i.e., pipeline ROW and/or R&M station sites).
Therefore, no industrial infrastructure will be lost as a result of the proposed project.
Household Income and E penditures
Household Income
As shown in the following figure (Figure 4.5-3), most households in Abuesi and Aboadze have
three to four wage-earners, while most in TNT and Kpone have one to two. In all surveyed
une Ghana Final Draft RAP Rev
Chapter,
Figure Income Earners in Households
45 E Abuesi and Aboadze
|TNT and Kpone
40
*i35
30
'~25
20
_ 10
5-
0
1 2 3 4 and more
N umber of Income Earners
Source: ESIA Household and Community Survey, 2003.
communities, the largest share of household income is earned through salaried employment;
approximately 48 percent of the average household income in TNT and Kpone, and 25 percent of
the average household income in Abuesi and Aboadze is derived from this source. Self-
employment is also a substantial source of income in both areas: nearly 27 percent of household
income in TNT and Kpone, and 35 percent of household income in Abuesi and Aboadze. Most
self-employment consists of fishing and short-term contracting.
Household income varies across regions and households in Ghana, but tends to be more equally
distributed compared to other West African countries. The distribution of income is reflected in
Table 4.5-3, which shows that most households (62 percent) in TNT and Kpone are in the lowest
income group. On the other hand, Abuesi community members indicated that income
distribution has remained quite even, and there have not been any significant changes in the
distribution.
Household E penditures and Consumption
Food typically accounts for the largest share of household income expenditures in Ghana, as in
most developing countries. In Abuesi and Aboadze, food and water are the most important
priorities for most households. Other major priorities for the largest number of households
include housing and accommodation, educational expenses, and healthcare. Spending on energy
and utilities and health care is of relatively medium importance to most households in Abuesi
and Aboadze. Similar results are found in TNT and Kpone.
A survey of household consumer goods was taken as an indicator of the level of
affluence/poverty in the surveyed communities. Most households own a radio, television, and
une Ghana Final Draft RAP Rev
Chapter
refrigerator or icebox. However, the ownership of transportation equipment, such as a bicycle or
car, remains a luxury for most: most families do not own either item.
Local Prices
Members of all surveyed communities reported significant changes in the local prices of goods
and services in the last five years. The local price dynamics mirrors that nationally, where
consumer prices have been rising rapidly in recent years. Some members in the surveyed
communities cited the world market situation and government policies as the leading causes of
the price inflation.
4.6 Land Tenure, Ownership, and Tenancy
The WAGP project will affect a small number of people in the project footprint at the Tema
location. There will be no affected parties at the Takoradi location, where the land will be
purchased from the VRA. At Tema, owners of a few plots lose some or all of their property and
a few tenants may have reduced farms to cultivate, although WAPCo has facilitated dialogue
between TDC and these leaseholders to find alternative land. Impacts due to land taking and
mitigation measures are more thoroughly discussed in Chapter 6.
Land Tenure and Residential Ownership
Although the land tenure systems vary in different parts of the country, most systems tend to be
largely communal. Under the 1992 constitution, land ownership is split into three categories:
public land, private lands, and stool lands (which also include family lands). The Lands
Commission must approve stool land development. The central government, as provided by
State Lands Act, Act 125, 1962, gives the state the power of eminent domain, and the power to
make compulsory acquisitions of private and stool lands in exchange for fair compensation
(Article 20, 1992 constitution) in the general public interest (Chapter 3).
A farmer can rent land from a landlord for a season to grow a seasonal crop for an agreed upon
fee. Contracts of this kind cease to exist after the crop season, and a farmer will need to enter
into a new contract if he wishes to use that piece of land for the next season. Members of a
particular community can cultivate any community land without necessarily asking permission,
provided the piece of land is empty at the time of cultivation. There are also individual holdings,
lands purchased outright by individuals or inherited from close relations who have exclusive
ownership of this land.4
' Different forms of land "tenancies" permit a stranger to acquire land for use during a specific time
period. Sharecropping, lease, and rental arrangements are common for farming. Under the sharecropping system, a
tenant and landlord agree to share the crop according to a given ratio. It can be on a 1:2 (abusa) basis where the
landlord takes one part and the tenant takes two because he bears all the production cost. It can also be on 1:1
(abonu) basis where landlord and tenant share equally. The first format is commonly used when the crop is
seasonal; the second format is usually applied to tree crops, such as cocoa and oil palm. Leasehold, on the other
hand, is acquired by seeking the permission from a titleholder to use a piece of land for a stipulated period for an
agreed upon fee. This could be for a period as long as 50 years. The titleholder relinquishes all rights to the land
until the lease period expires. Leases can be re-negotiated when their periods expire. Squatters do not usually
une Ghana Final Draft RAP Rev
Chapter
Based on the ESIA Household Survey, an average household in the area owns 2.5 hectares of
land. Given that the size of an average land segment to be acquired is only 1,200 sqm, impacts
would have been marginal even if households lost part of their privately owned land to the
project.
Most land in the Coastal regions consists of family-based lands (stool lands). This is the case in
Aboadze and other surrounding villages in the western region where the paramount chief (Chief
of Shama) holds official title to the land. The rights of use and returns from the land remain with
the families. The custodian of the land (The Chief of Dwomo) can release land for projects of
community and national interest. Immigrant fishing families in Aboadze have permission to use
some lands without any rent payment, but they have no legal ownership rights.5
The Estate Survey indicated that all project-affected land is owned by the Tema Development
Corporation (TDC), Tema Traditional Council and VRA in Takoradi. They lease the affected
land out to private individuals, who are essentially tenants on this land.6
Residential Ownership
As shown in the following table (Table 4.6-1), most families (52 percent) in Abuesi and Aboadze
own their places of residence. In contrast, the largest proportion (41.6 percent) of residents in
TNT and Kpone are renting their homes. There are also compound houses, in which more than
one generation lives together in an extended family. Each family occupies as many rooms as
available or that it can afford to pay for. Facilities such as kitchens, toilets and bathrooms are
commonly shared spaces.
Table Home Ownership Status
Percent of Households
Ownership Status Abuesi and TNT and
r 52Aboadze Kpone
| Owner 52 28
Renting 29 42
Resident but does not pay rent 19 30
Source: ESIA Household and Community Survey, 2003.
comply with any of the above arrangements, and generally simply occupy vacant land without establishing formal
rights to the land.
5Near the Tema project site the land originally belonged to the people of Kpone but was acquired by the
government (through its entity, TDC) in 1960 under a legal instrument. The farmland in the proposed pipeline
ROW in Tema, therefore, legally belongs to the government. When the TNT community was resettled in its present
location, land ownership was vested in the traditional leader (chief) on behalf of the community. However, only the
Tema Development Corporation can convey legal title to the land.
6 The household survey does not specifically target these affected tenants, and its sample does not contain
them. The estate survey in Tema found only 19 affected land plots with tenants on them, and identified 18 of these
tenants.
une Ghana Final Draft RAP Rev
- -__..................... . ..... _.......__-..... . ....... .. Chapter
Project Affected Lands
Table 4.6-2 shows the breakdown of land taken within each of the two communities, average
land taken, and number of claimants in each community; this table is a replica of Table 1.2-3. It
illustrates that the total size and number of affected plots in the two communities is low,
resulting in low overall impacts due to resettlement of claimants on these lands.
Table Affected Land and Claimants
Commnt Total Area of Total Area Lost to Number of Number of
Tema 5.63 4.01 { 30 19
Takoradi 7.28 7.23 6 1
,Total 12.91 11.24 36 20
Source: Ghana Estate Survey and Valuation Assessment, 2003.
4.7 Agricultural Activities
Crops Grown on Affected Lands
About 24 farms were identified and enumerated within the project-affected area. Table 4.7-1
lists the predominant crops grown. Both subsistence and cash crops are grown, and most food
consumed by the household is purchased from the market. Reliance on subsistence production is
low; thus, the potential food-security impact of the loss of small plots of land to the project is
minimal.
Table List of Crops Grown on
Cultivated Lands
Crop Type
Maize
Beans
Cassava
Okra
Pepper
Tomatoes
Potatoes
Yam
Groundnut
Coconut
Source: Ghana Estate Survey and Valuation Assessment, 2003.
Inter cropping
Inter-cropping does not appear to be widespread. Neither the ESIA Surveys nor the Estate
Survey depicted inter-cropping in the affected areas. Nevertheless, all crops grown on the
une Ghana Final Draft RAP Rev
Chapter
affected plots as well as the trees are included in the inventory of project-affected assets so
adequate compensation can be made when standing crops are affected.
Issues Involved in easurement of Product Value
Details on the general principles of compensation are provided in Chapter 5.
Issues Involved in Re Instating Cropping Patterns
There are no plans for re-instatement of crops. Future farming of crops will be precluded from
the WAGP-acquired ROW and footprint. Relevant policies are listed in Chapter 5.
4.8 Use of Communal Land and Resources
Pastures and Gra ing Lands
The WAGP estate survey did not identify any lands used for grazing or as pastures.
Water Resources Rivers, La es, Streams
No water resources such as streams, fishing ponds will be affected by the project.
Irrigation Schemes
Because of ample rainfall, there are no developed irrigation systems on the agricultural lands in
the project-affected area. The Volta River Authority owns the project-affected land in Takoradi,
and agriculture is not practiced at this site. Thus, no land improved through irrigation is affected
by the project.
4.9 Vulnerable Groups
Women, the youth, or the elderly are not made particularly vulnerable through project activities.
For instance, women's ownership or tenancy rights might have been denied in the process of the
identifying entitlements owing to the lack of registration certificates. However, consultations
with the affected communities indicated that this is not an issue.
The status of an affected person as a 'tenant,' rather than an 'owner,' could have created another
important vulnerability for the project-affected populations. Indeed, with the exception of
village councils and the VRA, all claimants are tenants on the land. These people stand to lose a
portion of their livelihoods due to the project. Tenancy arrangements, their conditions, and
entitlements are explained in detail in Chapter 6.
une Ghana Final Draft RAP Rev
__ _ _ __ _ Chapter
4.10 Attitudes Toward the Project
Perceptions of Project Benefits
The respondents have exhibited a high enthusiasm toward benefits perceived from successful
project completion. Approximately 77 percent of the respondents felt that the current low
industrial output is attributable to the unreliable power supply in the country. Consequently, they
felt that the project, by ensuring a steady and cheaper supply of energy, would increase industrial
output in the country. As a result, the respondents overwhelmingly indicated that they approved
of the project. Local residents also expected improvements in the local economy, particularly
during the project construction phase. As more clearly articulated during focus group
discussions and informal interviews with community leaders, positive employment impacts were
expected. Although WAGP will increase employment only temporarily, the general populations
in the surveyed areas perceive the change as good (93 percent). Only a small percentage (six
percent) anticipated adverse impact on local employment.
Perception of Fair Treatment with Respect to RAP Elements
The general public has a positive outlook towards the WAGP project. It is regarded as a
development project that will improve many aspects of the lives of the people in the
communities surrounding the ROW and additional AGI facilities. Public consultations revealed
an overall conviction that the project will offer fair compensation, and people will not be
adversely affected when they lose portions of their leased lands.
une Ghana Final Draft RAP Rev
Chapter
Chapter
Land Ac uisition Procedures and Implementation Responsibilities
5.1 Goals
The West Africa Gas Pipeline project intends to comply with the International Project
Agreement (IPA),' and Ghanaian national legislation and regulatory standards as well as relevant
international policies and guidelines as specified in the World Bank Group's safeguard policies
concerning land acquisition, compensation, and resettlement.2 In Ghana, specific goals of
WAPCo's land acquisition procedures are based on full consultation with all stakeholders,
including affected communities and households as well as the private sector, and will aim at the
following:
* Ensuring full participation of all stakeholders and the project-affected population in project
design, implementation, and monitoring
* Considering socioeconomic issues during route determination and siting of temporary and
permanent facilities to minimize physical relocation of people
* Choosing the pipeline corridor and siting of ancillary facilities to minimize acquisition of
privately or publicly held productive land
* Developing fair and transparent procedures for determining compensation for (i) temporary
use of land and assets for construction purposes, (ii) permanent acquisition of land and assets,
(iii) land-use restrictions that may be applied to areas within the corridor
* Ensuring that no land is taken unless full payment is made and affected people who choose
in-kind replacement are relocated prior to the actual start of construction along the pipeline
corridor
* Providing compensation options to affected populations, including land-for-land
arrangements, where desired
* Acquiring land (or rights to land use) through negotiated agreements, with expropriation only
as a last resort; and negotiations based on a good faith assumption that compensation will be
adequate for replacement of assets and restoring land based incomes to levels equal to or
better than pre-project levels
* Upon construction completion, restoring land as well as possible to its original condition to
permit landowners/users/lessees to continue their pre-project agricultural and other livelihood
activities on their affected plots outside the (ROW)
' The IPA is also referred to as the Host Government(s) Agreement in each. WAGP participating country
(Nigeria, Ghana, Togo, and Benin). For the purposes of this RAP, the term IPA will be used throughout the
document.
2 For the purposes of WAGP and this RAP, the World Bank's Operational Policy (OP) 4.12 on Involuntary
Resettlement (revised April 2004) has been applied. OP 4.12 is attached in Annex 5.1.
une Ghana Final Draft RAP Rev
Chapter
* Upon completion of the corridor, allowing its full use for grazing and pedestrian traffic as
well as light traffic (e.g., motorcycle traffic) to maintain trade and other activities
* Keeping affected people and communities fully informed about the project, processes to be
followed to acquire and compensate for land, and their related rights and avenues of redress
5.2 Overview of Land Acquisition Strategy
General Principles
According to IPA principles, WAGP has prepared a land and asset acquisition and compensation
strategy in Ghana.
Land acquisition procedures will include the following:
* All land required for the ROW is to be acquired by WAPCo on the basis of non-exclusive
use. Permanent land rights that do not involve an exclusive possession right shall be granted
by the state as rights attaching to the pipeline license, or otherwise in accordance with the
constitution and laws of the State of Ghana.
* All metering station sites should be exclusively acquired. WAPCo shall obtain exclusive
possession rights for land not owned by the State of Ghana. These rights should be acquired
through negotiations with landowners and occupiers.
* Rights on land owned primarily by the state are to be granted without charge to WAPCo by
the State of Ghana, unless a charge for such land is provided for under local law at the
execution date.
* Right-of-Way (ROW) Access Policy should detail WAPCo's principles regarding the
affected population's access to the ROW (Section 5.2.7). Accordingly, during the
operational phase, people will have access to their properties through limited use of pipeline
roads as transportation routes. However, the population will be precluded from building or
raising crops along the pipeline ROW.
In terms of compensation, the project is applying the following general principles:
* For temporary acquisition, all land users and tenants are to be compensated for standing
crops and any improvements they may have made to the site for a specified period.
* In Ghana, the principles and procedures for quantifying the amount of such
compensation, and the rental or lease values offered for temporary land use shall not fall
below prevailing market rates.
une Ghana Final Draft RAP Rev
Chapter
* For permanent land acquisition, all owners of land and assets will be offered a land-for-
land option and cash compensation. If the affected populations choose cash in lieu of in-
kind assistance, willing-buyer/willing-seller arrangements will be used. When necessary,
other resettlement assistance may also be provided.3
* National and local laws will govern the principles and procedures for quantifying the
amount of compensation for land and assets as well as procedures for the resolution of
disputes about compensation amounts.4 For purposes of negotiation, the appropriate
compensation is assumed to be full replacement cost.5 Transaction costs are to be
included in the final negotiated price, and it is assumed these are in the negotiated price
and will not be an additional cost.
* Where the national laws of Benin do not meet the World Bank Group OP 4.12, the latter
will prevail and govern the principles and procedures for the resolution of disputes.
Types of Land to be Ac uired
In Tema, the land to be acquired consists of leaseholds privately held by the Tema Development
Corporation (TDC) and some Stool Lands.6 TDC leases out part of its land to individual tenants
for building purposes. However, the tenants have not constructed any buildings and squatter
farmers have cultivated most lands.
In Takoradi, the Volta River Authority (VRA) publicly holds the land7. VRA acquired the site
through compulsory land acquisition in accordance with the provisions of the 1992 Constitution
of Ghana and the State Lands Act (Act 125).
ethods of Ac uisition of Privately Owned Lands
Private land for the project sites can be acquired in two possible ways:
* Compulsory Acquisition or Eminent Domain
* Private Treaty Acquisition
WAPCo has opted to use the private treaty arrangement, known as the willing-buyer/willing-
seller principle, for acquisition of the two WAPCo sites and ROW in Tema and Takoradi.
3 According to the OP 4.12 such assistance is offered in the case of physical relocation of households and
includes provision of housing, food, and transportation for the duration of the relocation.
4These principles adhere to World Bank Group Guidelines.
5 Further details are presented in Section 5.4 (Valuation Methods).
6 TDC obtained a 125-year lease from the Traditional Stools in 1952. The Estate Survey denotes that six
out of 30 affected plots are still held as Stool Lands. However, legal documents from local lawyers show that TDC
holds the legal rights to this land.
7 VRA is a public agency created in 1961.
une Ghana Final Draft RAP Rev
.... . . ... . _ ... _ . . . . .. . .. ... . ~Chapter
WAPCo will negotiate with landowners and tenants at both locations. Compulsory acquisition
procedures are described in detail in Chapter 3, although WAPCo does not intend to resort to
expropriation as a means of acquiring land.
Private Treaty Arrangement
Unlike compulsory acquisition or eminent domain where the normal procedural methods for land
acquisition (such as consultation with the landowners) are waived, WAPCo would need to
negotiate with landowners to purchase such rights. Fair compensation would be paid to the
legitimate owners and affected people of such land for the acquisition of their interests. This
compensation will be sufficient to fully replace lost assets as well as cover the transaction costs
of selling and buying new plots.
Under the State Lands (Amendment) Act of 2000, claims would need to be made within six
months of the land acquisition declaration. Claims would ordinarily be referred to the Land
Valuation Board, a body attached to the Lands Commission, after the Lands Commission had
accepted the validity of the claim. Any disputes about the title to compulsorily acquired land
would be settled in the High Court, which has jurisdiction over such disputes. The Land
Valuation Board's decision on compensation is final.
In addition, the Lands (Statutory Wayleaves) Regulations 1964 states that when any person is
dissatisfied with the amount of the compensation assessed by the Minister of Lands and Forestry,
the minister must refer the matter to the Tribunal "not later than six weeks" after expiration of
the formal notification period. The first hearing on any matter submitted to the Tribunal shall
then be held not later than six weeks after the date on which the matter was so referred.
Once acquired, the land would become public land, and WAPCo would receive the leasehold
interest required from the Lands Commission.
Preparations for the Ac uisition of Community, Customarily or Tribally Owned
Lands
Should the land over which WAPCo requires exclusive occupancy rights be comprised of stool
lands, WAPCo would need to enter into negotiations with the incumbent of the relevant stool for
a leasehold interest over the required land. The Constitution of Ghana prohibits any disposition
or development of stool lands unless the Regional Lands Commission8 where the land is situated
has certified that the disposition is consistent with the development plan drawn up or approved
by the planning authority for the area concerned.9
To the extent that WAPCo need to acquire community lands, it will operate under The Lands
(Statutory Wayleaves) Act; The Energy Commission Act; The States Lands Act, 1962 (Act 125),
Regulations and Amendment (2000); and the Conveyancing Decree 1973, NRCD 175. WAPCo
8 The Lands Commission was established under Article 258-260 of the Constitution and has branches
called Regional Land Commissions in the different regions.
9 Articles 267(3).
une Ghana Final Draft RAP Rev
Chapter
will compensate affected communities if its activities affect natural resources owned by a
community, family and/or society.
Preparations for the Ac uisition of State Lands
All public land is vested in the President of Ghana and held in trust by him for the people of
Ghana. The Lands Commission manages all public land on behalf of the president.
In addition to the VRA's public land, other state-held land acquired for this project includes the
seabed.10 However, to the extent that WAPCo requires rights of exclusive possession over
public lands, it would enter discussions with the relevant Regional Lands Commission for a lease
over the land comprising the selected site. It would take approximately one month for the
Regional Lands Commission to create and grant the leasehold interest required by WAPCo. The
term of this lease could not exceed 50 years.
Ac uiring Rights of Way Access
The IPA states that licenses will be granted per the statutory requirements of Ghana as modified
by enabling legislation. It should be noted that a right of exclusive possession is more than
WAPCo requires. WAPCo's main requirements are that it be able to access a strip of land, lay
and bury a pipeline along that strip, and access the land only as and when necessary to inspect,
maintain, or repair the pipeline. WAPCo will prevent people from encroaching upon and
building on the pipeline ROW for safety reasons and to ensure that it retains access for ROW
maintenance or future use.
WAGP Right of Way Access Policy
The basic policies to be adopted by WAPCo regarding access to the pipeline ROW by the local
population that will apply in Ghana are as follows:
Fences
Fences will be installed around the properties containing the R & M stations at Tema and
Takoradi, and the future compressor station site at Takoradi. Access to these fenced areas will
be restricted to authorized visitors and WAPCo personnel only. Local populations will not have
any access to these areas once WAGP construction begins or throughout the WAGP operational
phase.
No fences will be installed around any other part of the project footprint or the pipeline ROW.
Pipeline aintenance Roads
For patrol purposes, WAPCo will develop within the pipeline ROW maintenance roads that run
the full length of the ROW and roughly parallel the ROW. These roads will be maintained so
10 The pipeline also passes through a designated port area, but the ESIA did not provide information about
the intensity of shipping activities in the vicinity of the pipeline route; therefore, impacts are currently unknown.
une Ghana Final Draft RAP Rev
Chapter
they are usable for pipeline system inspection and maintenance throughout the WAGP
operational phase.
Prior uses of land occupied by pipeline maintenance roads, other than transportation, will be
terminated once WAGP construction begins and throughout the WAGP operational phase. This
prohibition includes activities such as raising crops. As the corridor construction proceeds in a
specific segment, it may not be safe for either passengers or livestock to be near the construction
area. However, contractors will not leave any part of the ROW open for more than several weeks
at a time. Once the pipeline is buried and covered with soil, people can begin using the ROW for
transportation. The contractors will ensure that when it is safe to cross the corridor, local
populations are fully informed.
After construction completion, local residents will be granted access to the land through use of
pipeline roads such as transportation routes. Road use will be limited to light traffic only.
WAPCo management will approve future roads, particularly those that cross the ROW, on a
case-by-case basis. No decisions will be made unless alternative routes are in place so that local
economic and social activities are not adversely affected.
No barriers will be erected at the entrance to pipeline roads, and these roads will be accessible to
all light vehicle traffic including cars and light trucks during the WAGP operational phase.
WAPCo will prohibit heavy trucks from using these roads through the posting of signs and
periodic patrol.
Transportation Routes Transecting the Pipeline ROW
Less busy roads and footpaths crossing the pipeline routes will be temporarily re-routed and/or
closed during the construction phase with provisions for alternative access for people or
livestock across the ROW throughout the period of closure. I Every effort will be made to
temporarily re-route all transportation routes rather than temporarily close them. Where they
must be temporarily closed, alternate routes will be identified and marked. The transecting
transportation routes that must be temporarily closed or re-routed during WAGP construction,
and their closure or re-routing schedules, will be determined once detailed construction plans
have been finalized, and local residents will be notified of the closures/rerouting schedules prior
to any construction.
During the WAGP operational phase, there will be no restrictions on any prior transportation
routes that cross the pipeline ROW. All such routes will be fully restored to their previous
condition by WAPCo at the end of construction and will be fully accessible and open to
traditional use.
l No existing busy roads and highways cross WAGP pipeline routes in Ghana. If there were busy roads,
thrust boring and directional drilling would be used to eliminate the need to close them. They would not have been
affected by WAGP during either the construction or operational phases. However, some disruption of traffic
patterns would have occurred on these roads during construction phase due to the movement of construction
equipment on and near the roads.
une Ghana Final Draft RAP Rev
Chapter
Pipeline Burial one
The pipeline centerline will be located approximately five meters from one edge of the ROW.
The land within the Pipeline Burial Zone (i.e., land directly above where the pipeline is buried,
and extending roughly five meters on one side of the centerline and 10 meters on the other side,
forming a corridor approximately 15 meters wide) will not be available for any use by the local
population once WAGP construction begins in the vicinity of pipeline construction. Throughout
the WAGP operational phase, except in the case of transecting transportation routes as described
above, the pipeline mound will not be available for use. Each construction area will be
completed quickly and thus, any inconvenience caused by temporary access from side of the
burial zone to the other will be limited.
* The Pipeline Burial Zone will be re-contoured at the end of construction, and seeded with
native, low growing, shallow-rooted cover vegetation. This vegetation will be cut and
maintained at a relatively low growth height by WAPCo throughout the operational phase,
with priority consideration given to using the community in the vicinity of the ROW.
* Prior uses of the Pipeline Burial Zone for raising crops or any other purpose (other than
transportation on transecting transportation routes) will be precluded within this zone once
WAGP construction begins and throughout the WAGP operational phase.
* WAPCo will post signs along the pipeline ROW restricting access and land use except for
those locations identified as public transportation routes.
Other Areas Within the ROW
All land within the pipeline ROW will be acquired by WAPCo in accordance with the IPA. To
avoid liability and prevent encroachment, areas within the ROW not occupied by pipeline roads
or burial zones will not be made available to the local population for use at the end of the
construction phase for purposes of cultivation, horticulture and/or construction. However, the
ROW will be accessible to local foot traffic.
5.3 Land Acquisition Procedure
The general procedure for WAGP land acquisition in Ghana is displayed in Figure 5.3-1 and
includes the following:
* A suitable route and land are identified, with care to minimize the need for land acquisition.
Station sites and pipeline routes are surveyed. An ESIA is conducted concurrently with the
survey of the pipeline routes. External Affairs (EA) engages with the communities for
information exchange and education about the project and processes.
* The estate surveyors are contracted, and work together with WAPCo to identify all affected
land and property owners and verify owner titles to the land. EA continues working with the
communities and develops a preliminary dispute resolution process with Legal Department
input.
une Ghana Final Draft RAP Rev
Chapter
Figure General Land Ac uisition Process in Ghana:
A., 2003
~~C Rn. ~ EIC
C..di-,g C. Conl
5.3-2~~~~~~~~~~~~~~~~~~~~~ , f,,d flfl
_ _~~~~~~~~~~~~~~~~~~~~~~ Eat,,,wJ Affun.
Enfpn men ySAC YnbF
C"fflinSlrgCoocd. PRnba. .d leaden FfWDApPDCpOc p~,5j b~ s CMa C 1 ,I r0 pn | TiAw1
W _ M~~~~~~~~~~~~~~~~~~pbliCler i R e I,..d _ (2. I-. ~ d ~ i ,de 00 ono
* ApueGaao onpied 1R
une Ghana Final Draft RAP Rev
Chapter
* Surveyed lands and properties are assessed, their values are established, and negotiations are
conducted with landowners, traditional councils, and tenants. EA conducts consultations on
land valuation with all stakeholders, and the RAP is developed.
* WAPCo participates in voluntary public workshops to gather community comments (in
addition to mandatory public hearings as part of the EIA procedure). Following the public
comment period, disputes are negotiated and resolved according to the developed process,
contracts with landowners are developed, and owner endorsements are obtained.
* When the EIA is approved, FID is taken, and permits to construct are issued; land and
property payments are made; and the land is acquired. Title documents are officially
registered in accordance with Ghanaian law.
WAPCo will acquire land from private owners by purchasing land and by compensating the
owners and users for it. Land rights will be purchased if feasible; otherwise rights will be
acquired through rental. Rights to public land owned by public entities will be allocated to
WAPCo by the State of Ghana, pursuant to the IPA, and in conformity with the State Lands Act,
1962 (Act 125) and Regulations; and Lands (Statutory Wayleaves) Act, 1963 (Act 186) and
Regulations (Chapter 3).
Key elements undertaken by WAPCo during the land acquisition process are as follows:
* WAPCo has attempted to minimize physical and economic displacement through careful
corridor alignment and use of existing sites where possible. For example, the R&M station at
Takoradi will be built entirely within property owned by VRA immediately to north of the
Takoradi Thermal Plant.
* WAPCo has engaged the potentially affected communities since early in the process to
inform them about the project through community forums and meetings with chiefs and
elders. Consulting activities ranged from information provision and exchange to
collaboration, and cooperation with different stakeholders including the land/asset owners.
* With the assistance of an independent estate surveyor, WAPCo has worked with potentially
affected persons to create a mutually agreed upon inventory of affected assets.
* WAPCo has initiated a voluntary public workshop to discuss the project and the land to be
acquired, establishing a deadline for registering future compensation claims.
* WAPCo is collaborating closely with the Ministry of Lands and Forestry on matters related
to land acquisition, including compensation and dispute resolution.
Figures 5.3-2, 5.3-3, and 5.3-4 illustrate land acquisition details.
une Ghana Final Draft RAP Rev
Chapter
Figure Land Ac uisition Process in Ghana Phase
;.?Loc'ation4 Den, m ait St/Rutij Sz~Figr
Conmercai/a ~Engmneerinm _ 22
Land 3dentirication E lW||g|
El E~gin-gISurvy/Es.IW S-rvy
Exermal Affairs H.Jd, Safry E -I,o~mf (HiSE)
l E.l 1Aff ,,(EA)
une Ghana Final Draft RAP Rev
_ _ Chapter
Figure Land Ac uisition Process in Ghana Phase
LECEND: o.d Rr,p.,,ibility
De.lqi E* Sw,ey i3c O Lv
Don op FABafe SioneyOI1
S1ope & Coofi-E t
CiommonslhE 0 E * O(
7 ~ ~ ~ detl iMr Lan _S; ni___ ywfand [ v9yei|||jf| 'E
i Prpet Ower mnxyj Ev _ -I I Ne Suveyndj$ Ldnth5a-h
X~~~~~~~~~~~~Vrf |hen tub to-L| d an Pr| || rty an t ;
Pq,eIme RoEq*.,s"SUM
53 I 4 ivhu mlmn I auauuc v
u tab e I l
Roe ~ ~ eurl c1u Coo rmyofo& | forel. wIsm.on ri
Note: EAzffi denotes W E aao t t
une Ghana Final Draft RAP Reve
Pipeli e at C , O DApiAeR.,Iun1v
une Ghana FinauDraft RAP Re
Chapter
Figure Land Ac uisition Process in Ghana
Advocacy Lo Ensure
Approval of Final
. Perrmils
. Exlemal AtTairs
From
Figure 5.3-3 .
Final Permit
Granted
:
FromRest;TW.
Figure 5.3-3 ' |Make P?ymentand Obtain Cificaie -ofD e
Contracts with v Acqarl , * 4Qvispanc i'' uired
Landowners . . W.;a - - .| -* g,--;
Endorsed . gw,
LEGEND: Lead Responsibility
El Comr.~=Wllxgai
UlEngmegS-y/EMw S.-y
* l H0kh SaOdy E-virott1-M- (HSE)
* El E.t.I Accu t (in A)
une Ghana Final Draft RAP Rev
Chapter
Identification of Pipeline Route and Affected Land
Description of Route Determination in Pre Feasibility, Feasibility, Basic Engineering,
and Detailed Engineering Stages
After conducting multiple site studies to identify the optimal routes and station sites for the
pipeline ROW and development of equipment layout, the width of the ROW was established
with due consideration for current system needs and future expansion. The need for a safe,
incident and injury free operation and protection of personnel and equipment greatly affected the
area requirement for each station location, which was then surveyed. Optimization of the
pipeline route and station locations was carried out on-site with the involvement of ESIA
representatives to ensure due consideration for environmental impacts.
Identification and Demarcation of Affected Plots
Critical steps in identifying lands affected by the initial development included conducting a
topographical survey followed by an estate survey. Both surveys were performed by
independent organizations in coordination with the ESIA team in Ghana.
The topographical survey of the selected pipeline route and station sites enabled WAPCo to
finalize the property boundaries of the ROW and the station sites in Ghana based on actual site
conditions. This included monumentation and staking out of the ROW. The list of coordinates
for the ROW and station sites was part of the newspaper advertisement and the public display
document.
The estate survey enabled WAPCo to determine exact land demarcations and identify
landowners along the proposed pipeline route. Cadastral maps or alignment sheets related to the
project-affected lands prepared by the Front End Engineering Design (FEED) staff and survey
contractors were used by contracted estate surveyors to demarcate land ownerships in the
project-affected area along the ROW and station sites. The estate surveyor physically marked
property boundaries with stakes as appropriate. The surveyor was charged with the completion
of a detailed report with recommendations regarding land demarcation, as well as issues relating
to land and access ownership, stakeholder concerns, valuations, and assessments of the property
to be acquired. The estate surveyor also identified and documented whether the project-affected
lands are public or private properties. The relevant data are presented in Chapters 1, 2, 4 and 6.
Identification of Areas of Sta eholder Significance and Access Issues
The estate survey highlighted areas of particular stakeholder significance, such as religious sites
and nature reserves. No such areas were found to be affected by WAGP.'2
12 With respect to the local tradition, in Tema, the R& M station was moved away from the baobab tree
shrine.
une Ghana Final Draft RAP Rev
Chapter
Consideration of Social Issues During Route Selection and Selection of Temporary
and Permanent Facilities
The pipeline route avoids densely populated areas with infrastructures such as markets, housing
estates, churches, mosques, shrines, and schools as much as possible. Avoidance of these
locations also has reduced the need for resettlement of people along the pipeline route.
Identification and Registration of Property Owners Users
After the routing and siting were finalized, an estate survey was performed to identify property
owners, the sizes of their properties, and land and property use, including construction type.
Communities and other interested parties were present or were consulted to verify title and all
liens to the land to be required either fully or partially.
Specifically, as part of the title investigation, the estate surveyor engaged and sought feedback
from local government authorities and communities in the following ways in Tema:
* Submitted the site plans to the TDC and requested an official search report on the ownership
status of the sites earmarked for the project
* Conducted local searches around the site areas and made inquiries to confirm ownership
status revealed by the official search report and identify stakeholder interests
* Held several meetings with both the Kpone Traditional Council and theTema Manhean
Traditional Council, and
* Conducted various informal interviews with citizens and community leaders from both
Kpone and Tema traditional areas on the current site ownership status
The estate survey documented and reported information about each landowner at the time of
survey. Temporary residents were defined as those who did not have formal legal rights to land
at the time of the survey but have a claim to such land or assets provided that such claims are
recognized under Ghanaian law or become recognized through a process identified in the RAP.
However, WAPCo has also identified and recognizes the stakeholder group of non-owner
(squatter) farmers currently cultivating residentially zoned plots in Tema. Even though these
individuals do not own the land, they do have the exclusive right, recognized by their
neighbours, to exercise control over their defined portions of land. Considerations for this group
are described in Section 5.6. The estate surveys evaluated land, physical assets and other
property improvements potentially subject to compensation requirements or claims. They also
established types, ownership and numbers of crops, trees, and other plants on the land. No
cultural assets or community facilities were noted in the estate survey.
WAGP has commenced the process of identifying absentee/missing owners through a variety of
ways, and the process is still continuing. As a result, and with the help of the Tema Traditional
Council, it has been determined that there is only one absentee landowner.
Communities were informed of the importance of claim identification and resettlement options.
They were also assured of prompt payment of compensation after the Final Investment Decision
(FID) and before the commencement of project construction. In fact, no construction will start
une Ghana Final Draft RAP Rev
Chapter
on any given plot prior to execution of full payment (see Section 5.4.3 for a full discussion of
options and disbursement issues). Those claimants with residential and commercial property on
the affected plots will be given adequate time after payment to resettle.
Trac ing Affected Land and Asset Data
The independent estate surveyor set up an Excel database of affected land plots that conforms to
the OP 4.12. Data collected and recorded includes the claimant's name, age, and gender,
property address and location, and land area and property valuation, including crops and
revenue-generating trees. The estate surveyor set up and maintained a landowner/land user
register including information and profiles. Reconciliation of the estate survey inventory began
during the period allowed for public comment described in Section 5.3.3, with the few remaining
disputes currently being negotiated.
Public Notification and Comment Procedure: Procedure for
Finali ation Verification of Registration and Approved List of Affected Persons
This section provides an overview of the stages of public notification and comment. Chapter 7:
Public Consultation and Disclosure describes the process in detail.
Notification
As part of the title investigation, the Estate Surveyor has engaged and informed local
government authorities and the community in the following ways:
* Held several meetings with both the Kpone Traditional Council as well as the Tema
Manhean Traditional council
* Conducted various informal interviews with citizens and opinion leaders from both Kpone
and Tema Traditional areas on the current site ownership
* Carried out joint inspections to the sites with representatives from the two traditional areas
* Made public announcements through newspapers, on television and radio, and in public
workshops
Furthermore, the WAPCo EA Representatives and estate survey team carried out extensive
consultations with the stakeholders in Tema and Takoradi to promote community awareness. The
consultations commenced with joint trips between the Estate Survey team and WAPCo external
affairs representatives to the TDC, Kpone Traditional Council, Tema Manhean Traditional
Council, VRA, and communities in Takoradi.
In November 2003, prior to the December public workshop, WAPCo displayed the list of
landowners and associated assets at various public places, local government headquarters, and
state land departments. WAPCo also published details on the needed land acquisition in the
local newspaper and will do the same in the gazette.
une Ghana Final Draft RAP Rev
Chapter
Public Display of Information Prior to Public Wor shop
As per IPA procedures, WAPCo is required to publicly display the FEED/PDP documents for 21
days, after which a public forum is organized to offer a platform for the concerns of the general
public to be addressed by project officials. The process of public notice and display of the
register was done for transparency; to address potential community concerns over land
acquisition and safety, and provide affected persons with the opportunity to lodge their claims of
ownership and resettlement impacts.
The route survey data was advertised in the national and local newspapers. Information about
the availability of the documents and the hearing was provided to the public through public
notices, including radio and TV announcements, over the 21-day period. The public was also
notified of the forum through the display of FEED/PDP documents at eight public places in the
Greater Accra and western regions where the R&M stations will be built. Public concerns were
recorded in notebooks provided for this purpose and collected 21 days after the public display
period.
Information To and Feedbac From Communities Concerning Route Selection
Informally and Formally Through Public Hearing
WAPCo conducted a public FEED/PDP workshop in Accra on December 8th, 2003. This
workshop was a voluntary effort consistent with the IPA to highlight, explain, and educate the
public about WAGP, the land acquisition process, and the land to be acquired. Invitations to the
public workshop were extended to various government ministries, departments and agencies;
NGOs; traditional councils; landowners within the proposed ROW and R&M; and the media.
The workshop offered the public a platform for concerns and project officials the opportunity to
refine the design and implementation framework for the gas pipeline by incorporating, where
appropriate, general public views and concerns. The forum also provided an opportunity to
educate and demonstrate to stakeholders that WAPCo will build and operate a safe, reliable
pipeline system.
The next phases of the land acquisition process will continue to be highlighted and explained
during future public workshops as necessary to educate the public on the land to be acquired.
Final Submission of Public Feedbac and Registering of Claims
An additional 21-day period after the public workshop provided time for the affected populations
to register their consent or objection to the project plans. This period was also available for
identification of absentee landowners. At the expiration of the period, no comment was received
from the public. WAPCo intends to use the services of the legal counsels and estate surveyor to
complete the land acquisition as required and to register the agreements after payment to
identified landowners, tenants, and users.
Following the communication of public notices and the workshop on government land
acquisition for the respective landowners (for example, the TDC in the Tema Manhean area), the
Ministry of Lands Site Advisory Committee sends out public notices for any landowners who
feel they must make a claim on the land/s to do so. All stakeholders, including representatives
une Ghana Final Draft RAP Rev
Chapter
from the Regional House of Chiefs, are usually invited to the Site Advisory Committee meetings.
Compensation procedures are preceded by the Minister of Lands and Forestry signing an
Executive Instrument of Acquisition, which is published in the gazette and newspapers. After
this stage, claims can be presented for compensation.
Consistent with the IPA, during the FEED/PDP Public Workshop in Ghana on December 8,
2003, participants were advised that comments regarding the project could be submitted by
January 5th, 2004 to the following:
* West African Gas Pipeline Authority (WAGPA) member in Ghana'3
* Technical Authority (i.e., Ministry of Lands and Forestry, Regional Ministers and Site
Advisory Committees)
* WAPCo External Affairs Representative.
Established Cut Off Date for Claims
The cut-off date is the date on which the project declares its intent to acquire land and land-based
assets and advises landowners of such intent. Following the cut-off date, no new assets or
improvements should be added to the land. The status of the land and land-based assets as of the
cut-off date is thus the basis for final valuation.
Ghana's cut-off date was set for three weeks after the public workshop on December 8, 2003;
FEED was published; the people were notified of the project's intent to acquire land; and the
route and register of affected lands/assets was publicly posted.
Opportunities were provided to stakeholders, as described above, to request corrections in their
claims. Should there be substantial delays in the project schedule, prior to the FID, the land
register will be displayed, public hearings conducted, and WAGP survey data will be reconciled
with inventories from the communities' separate surveyor information.
Final Steps Used in the Ac uisition of Privately Owned Lands
WAPCo's legal counsels and contracted estate surveyor will finalize the land acquisition
negotiations, make the necessary payments directly to the affected persons as required, and
register the agreements after payment to identified landowners.
Negotiation Procedures
Figures 5.3-5, 5.3-6, and 5.3-7 illustrate the negotiation procedures adopted by WAGP.
Accordingly, WAPCo intends to negotiate compensation with the community chiefs and leaders
and landowners as appropriate. Negotiations assume that compensation will be paid on the basis
of full market value for land and other assets as negotiated between willing buyer and willing
seller.
13 The WAGP Authority in Ghana was established under the Treaty signed by the States on 31 January
2003 and is a coordinating regulatory agency, reporting to the respective Ministries of Energy. WAPCo is the
project proponent.
une Ghana Final Draft RAP Rev
. .. _ .... _ _ ........ . . . .. _ . .. . . . . . Chapter
Figure Land Ac uisition Process in Ghana:
Identify ao iad and praperty
-OWnaw l iifiy title to Write to
tbeand . Site Advisory Committee &
Lands Commission
Esitate SurieyotEnkepl ' tih maps artachedl - infomm them
o intennon to acquire land
E A Estate Suareors
Set up meenng with community
leadership - launch the process of
consuliatton with communir)
EA'Estate Sunesors
Organize joint minpecnon '.sit
to stanion and ROW
EA.'Estaie Sur6eyors
Pubhcation of land ROW
acquisition in gazetie and local
newspaper to d:slcose
inlormnt0on io the affected
communities and other
stakeholders
EA
t~~~~ LEGEND: Lead Responsibility
Conduct public hearing on L e ,i
land-ROW acquisition M EngnengEl
EA C Affin
Note: EA denotes WAPCo External Affairs/Community Relations
une Ghana Final Draft RAP Rev
Chapter
Figure Land Ac uisition Process in Ghana:
! NelOUA .ompnd on /nTo
i. ,tn l&nd,,ner, diL
[I prIiIIIIIII1cmenaino
ornors F ailure toagree \ Figure
From EA Ei,ate iden ownership rights
Figure 5.3-5
Lands +
Commission
Complete
Public
Hearings o me nsat on
Pregw vnluauot enpon
|nd ,swd to Enginering.
& OA ManMgrs-
WEinat lu entc':
| < ~~~~~~~~~~~ ~~~~~~~Valuation 5r
repr
| \~~~~~~~~~~~~~~~~~~pproved/
Dispb tEii La roueri|
Indior WAPCo is sWd-
1 | NrsfyiveN* ligal and provile~ -
|lth 'detsUed fws to leoInx LEGEND: L..d R.,p...tbilty
jr , | | Ingruenlocal cecl teoI
M taLep trentalsn | | | rpeesorttmWAPCoin |
contracts with
| landowners, nd aequ |
/ Apply'for dDd olXn
I Cerrd�ClX OrXC=pAZ4yt 1 1 | FromI
1Cortficta of Oecupa so / _ _ _ _ _ _ _ _ _ _ _ _ _ _
ride docunemm | | 4 4 |Figure
Note: EA denotes WAPCo External Affairs/Community Relations
une Ghana Final Draft RAP Rev
Chapter
Figure WAGP Dispute Resolution Process in Ghana:
N rote mAdnoe AC Ext hle Afaire/Cimmunit Relationsno
Case Brought is ae upo, Walso wil pre be resolved v
to Court anucable qsnle bminacs wtla
< resle >a. 8 . l
WAPCo wil s titl LEGENd: Len r Rtdsibili t
Note: EA denotes WAPCo Extebtal Affairs/Community Relations
When compensation is agreed upon, WAPCo will prepare and approve valuation reports.
WAPCo will then implement acquisition by developing contracts with landowners, leaseholders,
and/or tenants, and make payments after FID. This approach in negotiating and paying
compensation for the acquisition will ensure that the respective landowners and users are
involved in the process either directly or through proper authorized representatives (especially in
the case of family and communal landowners). Following successful completion of these steps,
WAPCo will seek title documents for the acquired land.
WAPCo will be assisted by the estate surveyor in the following activities: negotiation of land
purchase agreements, and/or options to purchase and all appropriate registrations of the property
purchases.
Dispute Resolution Procedures Non Negotiated Cases
If there is a failure to agree on compensation, WAPCo would involve the Lands Commission and
community leadership in efforts to resolve the dispute amicably. As detailed in Chapter 3, any
dispute as to title to compulsorily acquired land would ultimately have to be settled in the High
Court, which has jurisdiction over such disputes. The Land Valuation Board's decision is final.
A claimant dissatisfied with the amount of compensation assessed for land acquired under the
Lands (Statutory Wayleaves) Act may have the matter referred by the minister with
une Ghana Final Draft RAP Rev
Chapter
responsibility for such lands going to a Tribunal consisting of three persons, appointed by the
minister, one of whom shall be a High Court Judge.
Issues of Disputed Ownership and Procedures Applied for the Ac uisition of These
A claim for compensation is ordinarily referred to the LVB after the Lands Commission has
accepted its validity. Any disputes as to the title of any compulsorily acquired land are to be
settled in the High Court, which has jurisdiction over such disputes. The LVB's decision on
compensation is final.
Eminent Domain Declaration
WAPCO will acquire land or the right to use land through negotiated agreement, with the use of
compulsory acquisition only as a last resort should negotiations fail. This is not expected.
Indeed, negotiations are being successfully completed.
5.4 Valuation Methods
In accordance with World Bank Guidelines, a general principal of compensation valuation is that
lost income and assets will be valued at their full replacement cost and that project-affected
populations should experience no net loss. All land acquired or otherwise affected by the
project, whether on a permanent or temporary basis, must be surveyed, classified by type, and
recorded. However, such classification must look at both the present and potential land use
requirements. WAPCo is applying the following principles in valuation and compensation
payments:
* All land will be compensated at a value no less than its market value
* Improvements made to the land will be reflected in valuation and compensation
arrangements as negotiated with the seller
* Standing crops will be compensated for at their full market value, to be paid directly to crop
owners within nine months of the Final Investment Decision, and prior to the start of
construction on the affected plot
Estate surveyors handle all issues relating to valuation of crops, land, and buildings.
Land Valuation Board Valuation Procedure
The Land Valuation Board (LVB) is a government entity of professionals qualified in asset and
land valuation. The following are LVB procedures and principles:
* The estate surveyor references all affected properties, crops, buildings, and lands before
project implementation, and WAPCo will monitor the process.
* The estate surveyor values the properties using various methodologies.
* Based on estate surveyor advice, WAPCo negotiates and offers compensation to claimants.
une Ghana Final Draft RAP Rev
Chapter
* Claimants dissatisfied with the offer have a right to petition for reconsideration, and submit
counter-proposals through verbal or written communication, together with any supporting
evidence.
* Where necessary, the dissatisfied claimant would be invited to negotiate and arrive at an
acceptable figure.
Basic Principles Underlining Valuation
The basis for this valuation is the open market The following valuation approaches are
considered by the WAGP estate surveyor in the quantification of compensation, in all cases
ensuring that the affected person will be fully compensated for lost assets such that no net loss
will be incurred:
* Market Comparison Approach
* Depreciated Replacement Cost Approach
* Income Capitalization Approach
ar et Comparison Approach and Application to Residential Land
The market comparison approach to value estimation involves the direct comparison of the
subject property's value-determining features with those of several comparable data in the
immediate and surrounding vicinity that sold recently (after making adjustments to reflect the
minor differences between the subject property and the comparable data) (Annex 5.2, 5.3, and
5.4).
The market comparison approach has been used to value all the interests in the bare residential
lands (i.e., residentially zoned lands without structures, yet which are being informally
cultivated) within the project-affected areas. This is to ensure that the values obtained would be
adequate to secure in-kind alternative land or cash compensation for the affected owners, tenants,
or informal cultivators to replace land and income streams from crops lost to the project.
In applying the method, values from the neighborhood of the sites and similar areas were
collected, compared, adjusted to take account of minor differences, and applied to arrive at the
reported values.
Income Capitali ation Approach and Application to Crops and Tenant Claims
This approach capitalizes the net cash inflows from the property over the estimated life of the
property to arrive at the value of the property. This method was used to estimate the values of
the squatter/caretaker farmer claims for the value of crops. Authorized crop rates from Ghana
LVB were collected and adjusted to take account of the inflation and currency depreciation that
have occurred since the rates were last determined. The rates were also converted from imperial
measurements into metric to conform to World Bank Group requirements.
According to the estate surveyor's report, based on the estimated length of stay of five years for
the farmers, the annual values of the crops were capitalized at the assessed rate of 20% (based on
une Ghana Final Draft RAP Rev
Chapter
the inflationary history and projections for the Ghanaian economy) to arrive at the market values
reported.
Verification of Valuation Rates
WAPCo, with assistance from the estate surveyor, will identify government valuation rates of
land and crops for purposes of comparison and negotiation. Competing land and property
payment rates in the area (data obtained from the market) will be used for comparison.
Compensation
According to the Constitution of Ghana, persons whose land has been compulsorily acquired or
over whose land the president has granted a wayleave will be entitled to receive compensation.
As per the relevant legislative framework discussed in Chapter 3, in assessing compensation for
land, no account shall be taken of any improvement made after the cut-off date unless the
improvement was made in good faith and not in anticipation of the compulsory acquisition.
Should WAPCo be delayed in acquiring the land, consideration should be given to additional
improvements made to enhance living conditions. Compensation is assessed by taking into
consideration the full replacement value of the land, and any applicable improvement.
Compensation includes crops and plantations to be destroyed on site as well as the general cost
of disturbance and movement of people inhabiting the site. No compensation would be payable
to the owners of land who have agreed to a lease or wayleave with WAPCo and settled on a price
for the grant of that interest.
After studying the nature of the losses due to the project activities and reviewing the community
practice in compensation issues as well as in consultation with the affected landowners or tenants
(project-affected persons), and as recommended by the estate survey team for the different
categories of project-affected persons, WAPCo will compensate these persons according to the
following two options: cash compensation or in-kind replacement.
Cash Compensation
Following negotiation with the registered landowner or land user, if preference is given for cash
compensation for loss of any non-moveable assets rather than replacement/reconstruction,
WAPCo will provide cash compensation.
This option is also recommended for all squatter/caretaker farmers on the Tema sites. World
Bank guidelines define this category of affected persons as temporary residents. They do not
have formal legal rights to the lands, but have claims to their assets on the land and have
expressed their preference for cash compensation (Annex 5.5.).
WAPCo will comply with their requests and pay them in full prior to taking possession of the
land to begin construction. WAPCo will use one year of compensation as a basis on which to
begin negotiations. TDC/TTC has identified alternative lands nearby that would be suitable for
the continuation of farming by these squatters/caretakers.
une Ghana Final Draft RAP Rev
Chapter
For those affected people with bank accounts who wish to receive payment directly to their
accounts, this will be done. The checks or deposit slips will be given to each occupant or to
tenants, organizations, or communities in the presence of local government officials. Otherwise,
the cash or a check can be given to those affected claimants without a bank account, as per their
wishes, in the presence of village leaders and other affected populations.
Replacement Land
This option is recommended for project-affected persons whose residential plots have been
affected by the project and who desire to be given replacement land. Should the owner,
however, desire to be paid in cash, the request should be respected. The rationale is that these
people have acquired their land purposely for residential development in accordance with current
zoning. Discussions with the Tema Newtown Mantse (chief) revealed that the stool would be
willing to provide alternative lands to the affected persons as replacement for lands lost to the
project so that any compensation for land could be paid to the stool. No payment will be made to
the stool before the affected person receives the replacement plot and title. This will facilitate
resettlement, but WAPCo should be involved to ensure that the affected persons are given
suitable replacement lands and that affected owners obtain leasehold rights over the replacement
land equivalent to what they possessed regarding the plots to be replaced. This approach is
likely to be used for the displaced squatter farmers as well.
Relocation and Reconstruction
This option is recommended for infrastructure, common property resources, and cultural
properties within the project-affected area. The affected people do not have personal claims to
these types of properties; however, they derive various benefits from them, for example
sewerage infrastructure at Tema, as well as the gravel winning along the seashore in the Takoradi
site. The Takoradi site could be easily replicated at a different location along the shoreline
without any significant effect on business; therefore, the victims should be encouraged to
relocate on their own without any financial commitment from WAPCo.
Disbursement of Compensation in Disputed Cases
All payments in cash as well as all in-kind compensation will be provided in advance of the start
of construction. There should be no delays in payment; therefore, no consideration should be
necessary for factoring in the interest rate for late payments.
Chapter 6 details the project's various mitigation measures, including income restoration and
replacement. WAPCo intends to pay compensation after FID and before mobilization for
construction. If payment is delayed beyond the period agreed upon with the landowners, bank
rate interest will be added for the delayed period, complying with national law.
5.5 Implementation Roles and Responsibilities
The roles and responsibilities of WAPCo, estate surveyors, and external agencies with regard to
RAP implementation are detailed below. Additional roles and responsibilities associated with
the RAP are yet to be defined for the project.
une Ghana Final Draft RAP Rev
Chapter
WAPCo Roles
Various departments of WAPCo are involved in the implementation of resettlement activities,
under the overall guidance of the office of the Project Director (Project Director - Construction
Management Agreement) who reports directly to the WAPCo Managing Director. A special unit
referred as the RAP Management Team (shaded green in Figure 5.5-1) works with the Project
Director to ensure RAP implementation as well as to carry out the internal monitoring of RAP
implementation. Within WAPCo, the core responsibilities for RAP implementation rest with the
External Affairs Community Relations staff. However, responsibilities for various aspects of
RAP implementation are spread over a number of groups within WAPCo (the groups shaded in
yellow in Figure 5.5-1).
Descriptions of the RAP roles of various groups within WAPCo are presented in the following
subsections. Both internal and independent external monitoring and evaluation arrangements,
including impact studies, have been designed and fully funded by WAPCo. For external
monitoring purposes an independent Expert Panel will be created. This Panel will also review
RAP performance in other project participating countries.
E ternal Affairs
External Affairs (EA) is currently responsible for facilitating liaison with communities and
government agencies to facilitate stakeholder consultations throughout the life of the project.
Following FID the Government Relations reps will report to WAPCo General Manager,
Corporate Affairs, while the Community Relations supervisor will maintain the current reporting
relationship to the Project Director.
The primary responsibility for RAP implementation will fall under the Community Relations
Supervisor, who will take the lead in many aspects of RAP implementation. EA/CR specialists
are highly knowledgeable about local conditions and are familiar with local NGO and
governmental organizations that assist with resettlement. Throughout the RAP implementation
process, the Community Relations Department will coordinate public sector input, provide
information to communities, develop dispute resolution processes, and manage the land
valuation consultation process.
Community Relations Department will also be represented on WAGP's RAP Management
Team, which will provide high-level oversight of RAP implementation, as well as review all
aspects of monitoring and evaluation (M&E), as described in Chapter 8.
External Affairs has also been active in advocacy with government stakeholders and regulators,
ensuring timely receipt of all required governmental approvals or authorizations. After FID,
government liaison will be carried out by the Government Relations Representatives in each
country, reporting to the General Manager for Corporate Affairs.
une Ghana Final Draft RAP Rev
Chapter
Health, Safety, and Environment
HSE has been responsible for submitting Estate Survey and socioeconomic surveys as part of the
ESIA and RAP approval process, including public notification and public hearings. HSE has
also been responsible for coordinating with Engineering to ensure meeting the ESIA
requirements, and for performing the ESIA. HSE will handle preparations for all environment,
socioeconomic, and health-relates governmental authorizations, including meeting public
notification and hearing requirements according to the IPA. HSE had a central role in
preparation of the RAP, and will be integrally involved in RAP implementation.
Engineering
The Engineering Department identified and surveyed suitable land sites and pipeline routes,
managed the contracting and supervision of Estate Surveyors, worked with the Estate Surveyors
to identify all owners and verify titles. Engineering will carry out asset evaluations, and
negotiations with land owners and government bodies. After FID, Community Relations will
arrange the payments to be made to project-affected persons.
Legal
The Legal Department worked with the Engineering Department to select the Estate Surveyors,
to identify property owners, and to verify titles. The Legal and EA/CR departments together will
develop and monitor dispute resolution processes, and the Legal Department will prepare
contracts with landowners following negotiations. This department will bear final responsibility
for obtaining the appropriate legal documentation including the registration of titles as required
by Ghanian law.
Accounting
The Accounting Department, reporting to the Business and Planning Manager will process
payments for land and property.
une Ghana Final Draft RAP Rev
Chapter
Figure 5.5-1
WAPCo RAP Team Organization Chart
General Manager | General Manager Business
Operations and Commercial
Development
I I _ I ~~~~~~~~~~~~~~~~~~~~~~~~~~~Technical SearGvicesI
Go%ernmenl Outside ...... . ................
Relations Counsel ............. ............. A_
Rep. Benin Benin
Government ...... ..... Outside Community Healib Sarety Business and Engineering and
Relations Counsel s. Relation Supervisor En.ironmenial Planning M anager Construction Mianager
Rep. Ghana Ghana Manager (53A.2) (5.5.1.5)
Go%ernmentm Outside
Relations CounselComnt
_ Replatgerionsa . 1 Counieria Community | Lead Onshore Lead Offshore
Rep Nigeria t Nigeria i tRelaiions Rep. Engineer Engineer
, ,,f / I ~Bemninl
Go%ernment . | Outside
Relations Counsel
| Rep. Togo | | Togo l | Relations Rep Pipeline Station
Ghana ||Consiruction c onstruciion
Superintendent Superintendent
KEY Communi
RAP Management Team y
(monitoring and RelaLions Rep. Onshore Pipelines R&M Stations Offshore Pipelines
implementation support) Nigeria * Benin | Takoradi * Main Line
* Ghana ' Cotonou * Benin lateral
a Nigeria | Lome * Ghana laterals
RAP Implementation Community a Togo * Tema . Togo lateral
Manger Relations Rep.
W] RAP Implementation Role Togo
une Ghana Final Draft RAP Rev
Chapter
ey Responsibilities
Land Ac uisition and Negotiation
WAPCo has established a land acquisition team to implement (i) the land and asset acquisition,
(ii) the compensation plan, and (iii) all RAP project resettlement requirements as defined by this
RAP. The team will also conduct monitoring and evaluation (M & E) activities, as described in
Chapter 8.
The organization of the land acquisition team is as follows:
1) Negotiation Team Leader
2) Community Relations Representative
3) Government Relations Representative
4) Communications Representative, and
5) Estate Surveyor
Compensation
Based on values assessed by the estate surveyor and negotiated with affected persons by
Community Relations, Engineering and the estate surveyor, and as stated in contracts developed
by the Legal Department, Accounting and Community Relations will process and make the
actual payments, respectively, to affected persons within the period specified in the agreements,
after the FID and before the start of construction on affected lands.
Resettlement, Including Provision of Homes
The estate survey did not identify any residential structures affected by the project. Thus, no
persons or homes have been determined to need resettlement or replacement, respectively.
Land for Land Arrangements
The Tema New Town is willing to be part of the alternative land replacement process by
providing stool lands as replacement for lost residential and agricultural plots. WAPCo's land
acquisition team will oversee the implementation of land-for-land arrangements, ensuring that
the available land has characteristics such that it will fully replace land to be acquired by WAGP.
Preparation of Newly Allocated Land for Cultivation
Any land allocated under the land-for-land arrangements will be prepared by WAPCo for the
landowner. WAPCo's land acquisition team would supervise this process. However, farmner
stakeholders have opted for cash compensation so this process should not be necessary.
une Ghana Final Draft RAP Rev
Chapter
Re Instatement of Land
Reinstatement of land falls within the scope of the contractor and will be effected at the end of
the construction period per the project stipulations and ESIA mitigation plans.
E ternal Roles and Responsibilities
Estate Surveyors
Estate surveyors are responsible for all issues relating to valuation of crops and land. In general,
their professional competencies relate to estate agency, project management (community
development), valuation, feasibility, and viability reporting; and assessment and compensation.
WAPCo's legal counsels and contracted estate surveyors will complete documentation regarding
the land acquisition as required and register the agreements after payment to identified
landowners is made.
Communities may also hire independent estate surveyors to conduct valuation, who would be
granted Power of Attorney to negotiation on the community members' behalf. However,
WAPCo will take care to negotiate directly with landowners who express such a preference.
ey Government Bodies
Estate surveyors are the first to be consulted to identify the location of lands affected by the
initial development. Immediately after the survey drawings have been submitted, an application
is made to each affected region's site advisory committee. The Regional Minister and Regional
Co-ordinating Director are consulted on issues dealing with the setting up of site advisory
committees. There are permanent site advisory committees in both Takoradi and Accra. Failing
the existence of a permanent site advisory committee, an ad hoc one may be established with the
assistance of the District Chief Executive.
The committee will initiate the acquisition process. The committee first examines the land
valuation reports and then its recommendations are sent to the Minister of Lands and Forestry,
who is responsible for all national land matters. In addition, the site advisory committee sends
out public notices for landowners to make a claim on the land. All stakeholders are usually
invited to site advisory committee meetings, including representatives from the Regional House
of Chiefs.
Then the LVB valuates the lands and grants an interim valuations certificate, which is sent to the
Lands Commission for approval. The Lands Commission apportions and manages state lands,
and provides the relevant title deeds/leases of the lands. The Lands Commission also determines
the compensation category and the amount to be paid.
Once everything is in order, the Attorney General's Department prepares all executive materials
and arranges for them to be documented and circulated in the public domain. After this stage,
claims can be presented for compensation.
une Ghana Final Draft RAP Rev
Chapter
Other ministries, departments, and agencies may be involved in the land acquisition and
resettlement process in one way or another: Ministry of Lands and Forestry, Ministry of Local
Government and Rural Development, Ministry of Works and Housing, Ministry of Food and
Agriculture, Ministry of Roads and Transport, Ministry of Employment and Social Welfare,
Ministry of Environment and Science, and Ministry of the Town and Country Planning
Department.
Community Development
The restitution of lost assets will be supplemented by participatory community development
activities. In this regard, WAPCo has planned to meet its corporate social responsibility goals
toward the local communities.
5.6 Implementation Issues and Solutions
Consistent with OP 4.12, WAPCo is addressing the issue of compensation for project-affected
persons with no formal legal rights. The Tema squatters/caretakers do not own any transferable
interests but occupy and farm the land with the knowledge and, in most cases, consent of the
owners. All proceeds from the cultivation are taken by the 'caretaker-farmers,' and they have a
legitimate claim to the value of their crops on the land. Hence, there are certain parcels of land
for which there would be two different kinds of compensation payment, one for the farming
rights and one for the land itself.
Although the squatter farmers do not have any defined tenure for their occupation of land plots,
the estate survey team revealed that most squatters' rights to farm on the land would continue
until development by the landowners. The estate survey has taken this fact into account to arrive
at fair assessment of losses suffered by the affected farmers.
Dispute Over Land Ownership and Compensation at the Tema Site
A dispute in land ownership and compensation has emerged at the Tema R&M Station sites (See
Figure 5.3-8.). The Kpone Traditional Council wants to be recognized for original occupation
and traditional ownership, as well as continuing use of land.'4 Currently, the TDC is recognized
as the landowner.
The Kpone Traditional Council accepted the WAPCo's plan to pay the land users for the crops
and pay the landowners for the land and other affected assets.
14 The disputed land is former community land, which had been compulsorily acquired for 125 years in
1952 and is held by the TDC. The land has been leased as residential plots, mainly to people of the Tema Manhean
community, although no structures have been constructed, and the land is currently being cultivated by squatter
farmers with no legal right to the land. The TDC agrees that compensation should go to individuals to whom
residential plots were allocated. However, the Tema Manhean and Kpone communities are claiming rights to the
land.
une Ghana Final Draft RAP Rev
CD
m m
~~~~~~~I,
CD~~~~~~~~~ CD
n~ I
1;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~c
C~~ )
CD~~~~~~~~~~~~~~~~~~~~~~~
------ ---- ---- Chapter
On January 14, 2004, WAPCo held a meeting with the Tema Development Corporation's (TDC)
Managing Director and Director of Development to clarify and confirm rightful land ownership
at the project site (See Annex 7.4). It then conducted a meeting between the project team and a
committee of the Tema Manhean Traditional Council on Friday, January 30. WAPCo plans to
pay for the crops and pay the legal owner for the land.
une Ghana Final Draft RAP Rev
l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ l _ _ _ _l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C h a p te r
Chapter
Project Impacts and itigation easures
Summary of Land Acquisition for WAPCo ROW and Facilities
Tema
At Tema, the WAPCo ROW will extend from the Atlantic Ocean 520m west to a point where a
regulating and metering (R&M) station will be built. This site is approximately lkm east of
Tema New Town and west of the town of Kpone. The locations and dimensions of the ROW
and facility footprint are illustrated in Chapter 2. The title of the project-affected area is currently
held by the Tema Manheam Traditional Council ("Traditional Council") and the Tema
Development Corporation (TDC). A number of plots among the Council lands are held as Tema
"Stool" Land and are not cultivated. Private individuals have acquired leases for a number of
plots within this land for residential purposes but have not yet built on them. Most of these plots
are being farmed. All farmers currently on the land are "permitted caretakers," who do not own
any transferable interests but occupy or farm the land with the knowledge and/or consent of the
rightful owners. They therefore have legitimate claim to the value of their crops on the land.
Six out of 30 plots in Tema are known to be Stool Lands while the other 23 are leasehold plots
and one is bare land owned by TDC. The estate survey so far has identified 13 of the
leaseholders. The rest are being searched with the help of traditional authorities. In addition,
there are encroacher /tenants on this land. The estate survey determined that there are 19 of them
(18 have been identified by name, and one individual works on two plots). Table 6.1-1 shows
the segment to be acquired from each of the 20 affected cultivated plots. The proposed project
will affect very few plots, owners, and tenants. In fact, the project affects only a small 1,200
sqm segment of the affected plots. The owners of the affected lands under cultivation are almost
exclusively middle-aged men.
The proposed R&M site and access road will be located on land that belongs to TDC. The lands
through which the ROW will pass from the shoreline to the R&M station) belongs to the Tema
Maneam Traditional Council. However, TDC is planning to build the access road, and WAPCo
will likely build the initial road into the R&M Station. WAPCo is maintaining a dialogue with
the TDC regarding the land acquisition implications of this new road.
A temporary weight-coating plant will be constructed in Ghana to coat pipe lengths in concrete.
The plant will be constructed on industrial land owned by the Free Zone Board close to the port
of Tema. The proposed 1 5ha site is in an undeveloped area zoned for industrial use. There are
no residents, encroachers, or other occupants in this area.
une Ghana Final Draft RAP Rev
Chapter
Table Cultivated Land to be ac uired by WAGP at Tema Site
Area to be acquired
Parcel No. Age Gender (inM)
WAGM-001 51 M 510
WAGM-002 50 M 2,330
WAGM-003 52 M 306
WAGM-004 55 M 315
WAGM-005 45 M 525
WAGM-006 55 M 840
WAGM-007 39 F 10,472
WAGM-008 40 M 1,323
WAGM-009 29 M 1,763
WAGM-012 45 M 440
WAGM-013 M 308
WAGM-015 40 M 900
WAGM-016 45 M 900
WAGM-024 39 M 702
WAGM-025 900
WAGM-026 55 M 526
WAGM-027A 61 M 312
WAGM-027B 61 M 415
WAGM-028 29 F 184
WAGM-029 M 196
Total I _I __ 24,167
Source: Ghana Estate Survey and Valuation Assessment, 2003.
Ta oradi
At Takoradi, the ROW will extend from the Atlantic Ocean 900m north past the Aboadze
Thermal Station, owned by the VRA, on which an R&M station will be built. The locations and
dimensions of the ROW and facility footprint are illustrated in Chapter 2.
All lands required for the project will be taken from the Volta River Authority (VRA) based
upon discussions with the Takoradi Traditional Councils. Land acquisition has not been
completed yet. However, negotiations have reached an advanced stage where VRA now
exercises effective control over the land and can be considered as the owner for the purposes of
the RAP.
' The parcel numbering is discontinuous. It is assumed that the plots that are missing among the numbered
parcels are not in the project-affected area.
une Ghana Final Draft RAP Rev
Chapter
The lands in Takoradi are no longer cultivated and only the vestiges of a coconut plantation
remain, with only 27 coconut trees standing. VRA has already paid compensation for these
trees.
Table 6.1-2 shows the amount of land that will be acquired from each parcel belonging to the
VRA in the PAA.
Table Affected Infrastructure at Ta oradi Sit
Parcel No. I Items on parcel Area to be acquired (M2)
WAGT-004 None 10,270
WAGT-005 None 57,000
WAGT-006 None 5,000
TOTAL 72,270
Source: Ghana Estate Survey and Valuation Assessment, 2003
Affected Populations
In Tema, there are three main groups of people affected as a result of land purchase: freeholders
(and their dependants), leaseholders (and their dependants) and, encroacher-cultivators (and their
dependants).
In Takoradi, the VRA is the landowner. The Volta River Authority is a semi-governmental
agency in Ghana.
Tema
Freeholders
The owners of the affected freeholds are the Traditional Council and the TDC, both of which
respond to other stakeholders. As stated in Section 6.1.1, six plots out of a total of 30 are Stool
Lands, 23 are leasehold plots owned by TDC, and one is bare land owned by TDC.
Leaseholders
The estate survey identified 23 leased plots that have tenants on them. Only 13 of these have
been identified by name. The process of identification is ongoing. Compensation for
unidentified leaseholders will be kept in an escrow account.
Encroacher Cultivators
The estate survey has identified 19 encroacher-cultivators on the twenty plots containing crops
(18 of these have been identified by name). Two of them are women, ranging from 39 to 60
years of age. The rest are men whose ages range from 29 to 80 years of age. The majority of
encroacher-cultivators are in their 40's and 50's.
une Ghana Final Draft RAP Rev
Chapter
Summary of Impacts
Impoverishment Ris s and Reconstruction odel
The impoverishment risks and reconstruction model for resettling displaced populations "IRRR
model" (World Bank, 2000) identifies broad categories of potential impact that may be directed
to displaced communities. Although the model was created primarily for situations where a
project causes people to be physically displaced, it can also be applied to situations where
productive assets are acquired by a project.
There are eight broad categories of potential impact:
* Landlessness: the loss of residential and/or productive land
* Homelessness: the loss of housing or shelter
* Loss of Access to Property and Resources:property and resources may be common (e.g.
communal lands), may be used by the community (e.g. infrastructure, places of worship), or
be private (e.g. private enterprises)
* Joblessness: loss of jobs and of access to job markets in situations where people have
employment
* Food Insecurity: loss of food production, of access to markets, or of the ability to purchase
food
* Increased Morbidity or Health Problems: decline in health
* Community Disarticulation: disruption to or loss of community social systems due to stays in
temporary shelter; migration into or out of the community; changes in patterns of livelihood
dispersal; breakdown of initial help network
* Marginalization: a measurable drop in economic or social standing
The potential impacts identified for the WAGP project in Ghana with respect to these categories
are shown in Table 6.3-1.
The potential impacts and mitigation measures for the relevant impacts in Ghana are discussed
below. It is important to stress that these potential impacts are negligible, even for landlessness,
discussed immediately below.
Landlessness
Permanent Loss of Land
The land to be acquired is described earlier in Section 6.1. At Tema, this impact affects the
freeholders (Traditional Council for ROW, TDC for R&M station site and access road), the
leaseholders and encroacher-cultivators. The Council will lose ownership of the land and the
income derived from leasing it to the leaseholders. The leaseholders will lose a means of
growing crops on the land as well as the ability to build homes on the affected land. The
une Ghana Final Draft RAP Rev
Chapter
Table Potential Impacts of WAGP Project in Ghana
IRRR category Potential Impact
* Permanent loss of land
Landlessness * Permanent restrictions on land use
* Severance impacts
Homelessness * None
Loss of Access to Property * Negligible
and Resource
Joblessness * Negligible
Food Insecurity * Negligible
Increased Morbidity * None
Community Disarticulation * None
Marginalization * None
encroachers will also lose a means of growing crops, and the benefit of improvements they have
made to the land, including tilling and soil improvements.
Permanent Restrictions on Land Use
The WAPCo Right-of-Way (ROW) Access Policy (Section 2.7) will govern access to and use of
land occupied by WAPCo. In Ghana this will mean that all agricultural activities and other
activities currently undertaken on the affected land will have to cease at the beginning of the
WAGP construction phase.
The restriction on land use will preclude encroacher-cultivators at Tema from continuing to
cultivate this land and deprive them of a source of household income.
Loss of Access to Property and Resources
Severance Impacts
ema
A short stretch of beach (approximately 25m) will be unavailable during the trenching of the
shore crossing in order to ensure safe equipment operations. This will not restrict the access of
the inhabitants of Tema New Town or other local communities to the Atlantic Ocean but will
prevent the activities of net-fishing and illegal sand winning along that stretch of beach.
akoradi
The only road crossed by the ROW is a private road outside the fenced VRA site. The VRA will
take this into account in its plans so that no significant severance impacts will be encountered
during construction.
une Ghana Final Draft RAP Rev
Chapter
Outside the VRA site, a number of footpaths cross the ROW. This will not lead to a loss of
access because detours and alternative routes will be provided in accordance with the WAPCo
ROW Access Policy. Only a relatively short stretch of ROW will be under construction at any
one time so these detours will be short and the level of inconvenience slight. Construction along
the ROW is expected to last only two weeks.
A short stretch of beach will be unavailable during the trenching of the shore crossing in order to
ensure safe equipment operations. This will not restrict the access of the inhabitants of the
villages of Abuesi and Aboadze or of other local communities to the Atlantic Ocean but will
prevent the activities of net-fishing and illegal gravel winning along this stretch of beach.
Loss or amage to Communit Propert and esources
ema
As described in Section 6. 1, six out of 30 plots are communal "Stool Lands", belonging to the
Traditional Council on a customary basis, but there are no community resources on them.
akoradi
All project-affected area in Takoradi is owned by the VRA and lies in a designated industrial
zone. The community does not own the land and there are no community resources located on it.
Loss of Cultural Property
The project could potentially disturb cultural resources physically located within the R&M
station footprint during site clearing and construction. In this vicinity, population density,
environmental baseline, socioeconomic baseline, and estate surveys were carried out along the
project footprint. Reconnaissance for physical cultural properties has been carried out within the
project footprints in Tema and Takoradi. Only a single physical cultural resource has been
identified. It lies just outside the project footprint in Tema and belongs to the Kpone
Community.
ema
Close to the northern edge of the ROW in Tema and in the vicinity of the R&M station is a
sacred grove that is important for the traditional worship system of the Kpone local community.
The grove contains a number of small trees surrounding a large and old baobab tree, which is
believed to be the abode of the god of the nearby Gao Lagoon. The R&M station will be built in
close proximity to this grove (the building will be less than 200m and the property line and fence
approximately 20m from the grove). Construction of the R&M station in close proximity to this
resource will change the characteristics of this cultural resource from its current pastoral and
relatively remote setting to a location in close proximity to an industrial development, with the
attendant noise, light, and traffic.
WAPCo has commenced consultations with community and religious leaders regarding
mitigation measures to ameliorate impacts to this shrine. Other potential impacts to social and
cultural conditions would occur only if significant physical cultural resources were to be
une Ghana Final Draft RAP Rev
Chapter
encountered below the land's surface during construction, and the Chance Finds Procedures
(used to determine the best method to deal with these resources) could lead to moving or altering
them in some fashion.
akoradi
No cultural resources have been identified at Takoradi.
Loss or Damage to Services and Infrastructure
ema
Temporary disruption to the road and footpaths is described in Section 6.3.4.1.1. The only
infrastructure that could be impacted during construction is a sewage pipe that crosses the ROW.
However, during construction, the pipeline will pass under this sewage pipe, which will remain
unsevered and undisrupted throughout.
The impacts to transportation infrastructure identified by the ESIA were low or moderate and
will be mitigated by WAPCo's Community Development programs.
akoradi
Apart from the temporary disruption to the road and footpaths described in Section 6.3.4.1.1,
there are not expected to be any impacts to other local infrastructure (water, electricity,
telecommunications, etc).
oblessness
Impacts on Enterprises
ema
There are 23 affected leasehold plots. Leasing these plots provides income to the Traditional
Council and to the TDC. This activity will be disrupted by WAGP.
As stated in Section 4.4.1.1.1, agriculture is undertaken for subsistence rather than to provide a
source of monetary income. Impact of land acquisition on tenant farmers is therefore discussed
in Section 6.3.6.1.
Landowners
The Traditional Council and the TDC derive income from the leasing of the land, and will lose
this income when WAPCo acquires the land. Stakeholders of the Council and the TDC fully
participate in the cash economy, and would be fully capable of utilizing monetary compensation
derived from the sale of their land to restore their livelihoods, either by purchasing replacement
land elsewhere or by investing in other forms of enterprise.
une Ghana Final Draft RAP Rev
Chapter
Other Impacts
The detours and alternative routes provided to circumvent construction works are expected to
fully mitigate any impacts to local businesses using the Paradise Beach road.
Fishing by net from the stretch of beach along the shore crossing will be restricted during
construction. The uncovered WAGP pipe located offshore will present a snagging hazard for
nets, which may reduce fishing catches and thus the source of income they represent in the
"upwelling period" between the months of July and September. Potential impacts to offshore
fishing activities (e.g., restriction to fishing areas during construction, damage to nets, etc) will
be mitigated on a case-by-case basis as and when a claim arises.
akoradi
Landowners
The VRA will take into account in its plans the obstruction of its private road. The detours and
alternative routes provided to circumvent construction works are expected to fully mitigate any
impacts to commercial activity using the coastal footpath.
Other Impacts
As discussed in Section 6.3.4.1.2, fishing by net from the stretch of beach along the shore
crossing will be restricted during construction. As discussed in the recent environmental impact
assessment, the uncovered pipe located offshore will present a snagging hazard for nets, which
may reduce fishing catches and thus the source of income they represent in the "upwelling
period" between the months of July and September (Section 4.4.1.1.1).
Potential impacts to offshore fishing activities (e.g., restriction to fishing areas during
construction, damage to nets, etc.) and to other forms of enterprise will be mitigated on a case-
by-case basis outside the RAP as and when a claim arises.
Food Insecurity
Permanent Loss of Cultivated Land
Table 6.3-2 outlines the crops cultivated on each parcel of land listed in Table 6.1-2.
The estate survey describes the cultivation undertaken as small-scale and largely manual. The
cultivators are encroachers but have the permission of the landowners who see them as useful
"caretakers" of the land. The survey concludes that the cultivators would not easily find
alternative lands on which to continue this farming. However, TDC and TTC have identified
alternative farming lands. As part of the RAP, a careful assessment will be made in each case to
determine the most appropriate measures for restoration of cultivators' income.
une Ghana Final Draft RAP Rev
Chapter
Table Crops Cultivated on the Affected Plots
Tenant Area/ m2 Crops grown
A 510 Maize, beans
B 2,330 Maize, cassava
C 306 Maize, okra
D 315 Pepper, beans
E 525 Pepper
F 840 Okra, cassava, maize
G 10,472 Tomatoes
H 1,323 Tomatoes
I 1,763 Cassava, potatoes
J 720 Cassava, yam
K 440 Cassava, maize
L 308 Groundnut
M 900 Cassava
N 900 Maize
0 702 Maize, cassava
P 900 Maize
Q 526 Okra, Cassava
R 312 Cassava
S 415 Cassava
T 184 Cassava
U 196 Okra
TOTAL 24,167
Source: Ghana Estate Survey and Valuation Assessment, 2003.
Loss of Trees and Perennial Crops
ema
There a few scattered nim trees present - 17 within the ROW and seven adjacent to or within a
few meters of the ROW. It it is not known whether they are being used agriculturally.
akoradi
There are 27 coconut trees (small or mature) located in the project-affected area, clustered
together in an abandoned plantation near the shore crossing. They have been acquired along
with the land by the VRA.
Loss of Annual Seasonal Crops
The crops grown consist of vegetables for consumption by the cultivators. Since the construction
schedule has not yet been decided, it is unclear if the land will be under cultivation when
une Ghana Final Draft RAP Rev
Chapter
construction work begins. It is assumed that construction will take place during the dry season
when cultivation does not occur. Compensation for the crops is described in Section 6.5.
Impacts on Irrigation Systems
There are no irrigation systems on the PAA or in the immediate vicinity for either Tema or
Takoradi. Cultivation takes place in Tema only during the rainy season and it does not occur at
all in Takoradi.
Mitigation Measures
Types of itigation Proposed
Mitigation measures are proposed in this section to address each of the impacts identified in
Section 6.3. These measures fall into three main categories:
* Replacement of assets;
* Restoration of income streams/livelihoods;
* Other entitlements.
The Entitlement and Compensation Matrix (Table 6.4-1) explains in detail the entitlements of all
affected populations, and the compensation options available to them.
Asset Replacement
Measures have been proposed to replace or compensate for land, crops, structures and
installations, infrastructure and facilities, and other assets lost or rendered unusable due to land
acquisition for WAGP. Asset replacement measures will be of two types:
* In-kind, where land or assets of like kind are provided to project-affected people, to replace
the land or assets lost within the project-affected area;
* Monetary, where cash settlements are paid for land or other assets in the project-affected
area.
In-kind replacement of productive assets is generally considered a more reliable measure for
ensuring sustainability of the incomes of people who rely on these assets. However, during
consultations with the affected stakeholders in Ghana with respect to the types of compensation
for lost land and assets, people expressed their preferences for monetary compensation over the
in-kind option. More importantly, other corporations or the TDC own much of the affected land,
and households are only affected as land-users. The two major stakeholders demanded
negotiated cash settlements.
Income Restoration
A few households will experience negligible disruption of income. Given the magnitude of
impacts, the land-users will be able to restore their incomes without further assistance once they
have received cash compensation. The level of cash compensation will include compensation for
une Ghana Final Draft RAP Rev
Chapter
crops and trees (Table 6.4-1), provision of seeds, and compensation for immovable assets on the
land. The removal of topsoil is also presented as a development option for those farmers who
wish the topsoil from the pipeline corridor area to be moved to their adjacent land plots. TDC
will receive compensation that will substitute for the rental income it currently generates by
leasing the land.
The cash payment for a short-term income stream is appropriate and preferred by tenants and
leaseholders. The latter, however, would need to have the TDC identify alternative land for them
to lease for residential purposes, and this has been done.
Summary of Entitlements
Entitlements to compensation vary according to the category of project-affected person (e.g.,
landowner, tenant, etc.) and the type of loss of suffered. These are summarized in the
Entitlement and Compensation Matrix below (Table 6.4-1).
Implementation Considerations
The following factors will be considered in implementing the mitigation measures described
above:
For TDC and Tema Manheam Traditional Council:
* Identifying all joint owners; absentee owners; heirs of deceased owners;
* Determining the price of equivalent land in the vicinity;
* Timing of compensation;
* Method of making monetary compensation payments.
For leaseholders in Tema:
* Determining availability of equivalent land available for lease, and whether an active land
market exists;
* Working with Tema Manheam Traditional Council to ensure that agricultural leaseholders
who lose land within Project-Affected Areas are leased replacement agricultural land;
* Determining market prices for crops and researching standard government rates, using the
greater of the two;
* Minimizing the need for compensation by avoiding construction during growing season, if
possible;
* Timing of compensation;
* Method of making monetary compensation payments.
une Ghana Final Draft RAP Rev
__ ____________________________________ _ _ __________________________________________________________________ _ __________ _ C hap ter
Table Entitlement atri for Tema and Ta oradi
Project affected
people or Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes
communities
TDC and Tema Loss of land Cash compensation for land at rental income that can be generated from Lump-sum payment will include all relevant
Manheam ownership (non- replacement value the land taxes, fees, transaction costs
Traditional Stool Lands)
Council
Loss of land Not applicable Cash payments to replace rental income, Ibid
ownership (Stool either regular payments or a lump sum
Lands) plus annual "peppercorn" payments
Lease-holders Loss of lease (and Cash payment at full market value of Tema Manheam Traditional Council, to Ibid
(tenants) in associated mature crop (or standard government provide leaseholders with altemative land
Tema income-earning rate, if greater) for crops lost. (after Council receives compensation for
opportunity from land). Alternative land for the
use of land) leaseholders of residential plots have been
identified and accepted by the people.
Loss of standing Cash payment at full market value of Not applicable Ibid
crops present on mature crop (or standard government
land at time of rate, if greater) for crops lost. If lease-
WAGP holders are cultivators
acquisition
Encroacher- Loss of access to Not applicable, unless they have installed Monetary compensation representing Ibid
Cultivators land and wells, hand pumps, informal irrigation capitalized value of income stream
(tenants) in associated schemes, sheds, etc on the land as per
Tema income/livelihood agreement with owners
generating
opportunities
une Ghana Final Draft RAP Rev
Chapter
Table Entitlement atri for Tema and Ta oradi continued
Project affected
people or Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes
communities
Loss of Cash compensation for value of lost Expected income stream from the Ibid
improvements to improvements or structures, valued as affected asset will be compensated to the
land (soil negotiated with the affected party owner, not to the tenant.
amendments,
etc.)
Volta River Loss of land Cash compensation for value of land Not applicable Lump-sum payment will include all
Authority in occupancy relevant taxes, fees, transaction costs
Takoradi
Volta River Loss of trees due Cash compensation Not applicable Lump-sum payment will include all relevant
Authority in to removal or taxes, fees, transaction costs
Takoradi damage
une Ghana Final Draft RAP Rev
Chapter
For encroacher/cultivators in Tema:
* Determining market prices for crops and researching standard government rates; using the
greater of the two;
* Minimizing the need for compensation by avoiding construction during growing season, if
possible;
* Timing of compensation;
* Method of making monetary compensation payments.
For VRA:
* Negotiating level of rental payments (if land rented from VRA); and
* Timing of compensation.
une Ghana Final Draft RAP Rev
Chapter
Chapter
Public Consultation and Disclosure
The World Bank Group's policies on resettlement, land acquisition, and compensation provide a
framework for a public consultation and disclosure process, as well as establish measures to
redress the grievances of affected people.' For the purposes of the WAGP preparation activities
in Ghana, public consultation and disclosure activities were based on broad participation of all
stakeholder groups including the affected population, community leadership, and the relevant
government representatives participating in the project. These activities have been essential for
developing a comprehensive understanding of the type and magnitude of project impacts-in
spite of the fact that these impacts are considered to be of relatively low magnitude.
Public consultation and disclosure is a key element of the WAGP project, since it provides a
formal opportunity for the widest range of stakeholders, both within Ghana and internationally,
to participate in activities associated with the design, implementation, and monitoring of the
project-including the provision of feedback to the RAP. The establishment of a process to
redress grievances allows the WAPCo to deal with these issues proactively instead of resorting to
the formal legal system.
The World Bank Group guidelines formulated in the OP 4.12 and the IFC's Doing Better
Business through Effective Public Consultation and Disclosure: A Good Practice Manual, in
particular, provide action-oriented guidelines aimed at ensuring that consultation is both
meaningful and effective. These guidelines stress that proposed projects ensure a public
consultation process that is accessible to all potentially affected parties. Emphasis is placed on
the engagement of the affected people who will be affected by the project. They should be
involved in key stages of its preparation and implementation, including the identification,
valuation, and/or dispute resolution stages of the land acquisition process.
In order to conform to the World Bank Group guidelines, the project will ensure that:
* All stakeholders have access to project information;
* The information provided can be understood;
* The locations for consultation are accessible to all who want to attend, and where not easily
accessible, WAGP will provide transportation to consultation/meeting locations
* Affected households and other entities have a meaningful say in the design and
implementation of the land acquisition and RAP; and
* Measures are put in place, which ensure that vulnerable groups such as women and elderly
are consulted.
'For the purpose of the WAGP project, these policies include the World Bank's OP 4.12 on Involuntary
Resettlement and the manual Doing Better Business through Effective Public Consultation and Disclosure: a Good
Practice Manual.
une Ghana Final Draft RAP Rev
Chapter
This chapter describes the public consultation and disclosure activities that WAPCo has
undertaken in support of the RAP as part of its commitment to engage in consultation with key
stakeholders and project-affected persons during RAP's design, implementation, monitoring and
evaluation stages.2 The summary contained here covers project activities that have taken place
through mid-May 20043. Consultation activities that have taken place to date are described in
Section 7. 1, and a summary of feedback is described in Section 7.1.2. Details of the RAP
disclosure process are found in Section 7.2, and grievances and dispute resolution action plans
are outlined in Section 7.4.
Participation and Consultation Activities
The World Bank Group guidelines stipulate a consultation process that includes the following
elements:
* Identifying stakeholders (owners and users of affected immovable assets) and ensuring that
there are adequate mechanisms for stakeholder feedback and information sharing;
* Informing the affected people of the project plan;
* Ensuring that all directly affected populations (or claimants who include landowners) are
informed of the project, the need for land acquisition, the type of proposed compensation
measures, and the duration of alternative land use arrangements, where applicable;
* Briefing all WAGP line managers and staff who will interact with affected people on the
anticipated effects of the WAGP project and the measures to mitigate its land acquisition and
resettlement impacts;
* Arranging for the responsible government agency to issue a formal notice after the
completion of a census, and the dissemination of a public notice on the eligibility for
compensation and the asset valuation methods to be used;
* Declaring a clear cut-off date to ensure that no new construction of buildings or capital
improvements are to be made on the directly affected lands;
* Compensating affected stakeholders for all immovable assets, including improvements made
on the land during the period that lapsed after the preparation of the asset inventory;4
* Updating the asset inventory and the valuations used as the basis of negotiations if there is a
delay in the final investment decision and thus in land acquisition;
2 In addition, during the ESIA preparation and disclosure process, public meetings and workshops have served as
opportunities for discussion on the land acquisition process that will be referenced throughout this RAP.
3The legislative basis of the public consultation and disclosure procedures for the RAP are also described in
Chapters 3 and 5 of this report.
The Estate Survey, including the inventory of affected lands and of other assets, was initiated in late in 2002 and
completed by early 2003. The information concerning the affected assets in November 2003 was posted three weeks
after the December 8"' hearing
une Ghana Final Draft RAP Rev
Chapter
* Preparing an illustrated information booklet with details on eligibility, rates of compensation
and other entitlements, a timetable for implementation, and applicable grievance procedures
as part of the disclosure process;
* Establishing a system for gathering feedback on RAP implementation from all affected
groups and communities; and
* Preparing and issuing RAP information updates.
WAPCo has demonstrated its commitment to complying with all international standards and in-
country regulations concerning public consultation and disclosure of the RAP implementation.
In fact, WAPCo has made the RAP appropriate for the local country and community context.
Additionally, WAPCo has undertaken activities in the preparation of its ESIA that include a
comprehensive consultation and disclosure process, i.e. public meetings and workshops that
facilitate the discussions of the land acquisition process. The following process has been
followed in Ghana:
* Stakeholder identification, and consultation with communities in the neighbourhood of the
project were initiated early in the process of the ESIA. During the preparation of the asset
inventories, the WAGP conducted the census of affected claimants and assets that will be
used as a basis for negotiating compensation (land/asset purchase) and updating affected
assets;
* All national level ministries were consulted systematically, with a particular focus on
resettlement, and asset and land acquisition issues;
* Local community representatives have been informed both during the course of the ESIA and
throughout the basic and detailed engineering phases of the project by WAGP staff;
* RAP preparation was based on direct consultation with specific groups of affected
populations. In addition, a working structure has been established with the project Land
Acquisition Team, External Affairs, and the Estate Survey Team. Additional infornation
was sought from all of the parties and agencies included in Table 7. 1;
* Upon its completion, the RAP report will be distributed to national and provincial level
public agencies and the affected communities for review. Using the project's website, the
report will be available to all interested community, national, and international organizations;
* Public notice for land acquisition will be given within nine months of the land acquisition.
However, should the final investment decision (FID) be delayed, beyond the time period
stipulated in land acquisition agreements and letters of intent, a new notice will be issued;
* Line managers and staff of WAGP, as well as the land acquisition team in Ghana, have been
informed of the activities and are aware of the consultation and disclosure requirements.
Sta eholder Identification and List of ey Sta eholders
Identification of stakeholders for the purposes of the RAP has been achieved through the
following actions:
une Ghana Final Draft RAP Rev
Chapter
* Environmental and Social Impact Assessment (ESIA) conducted by an international
consulting firm (August 2002 - December 2003);
* Pipeline route surveys conducted by local consulting firms (September - November 2002);
* Mapping and census of affected land plots as part of the onshore survey efforts and
population density reports (September - November 2002);
* Estate Surveys underway (August 2003 to present);
* Socioeconomic surveys conducted by local consultation firms (May - June 2003);
* Permitting workshops and hearings (December 2003) to receive feedback on land acquisition
activities;
* Workshops/hearings were preceded by a three-week notice period, during which RAP
information, including land/asset inventory surveys and other project information, was
displayed. Workshops/hearings were followed by a three-week feedback period.5
Table Ghana ey Sta eholders for Land Ac uisition and Resettlement
Ministry of Energy Ghana Immigration Service
Ministry of Environment, Science and CEPS
Technology
Ministry of Labour Factories Inspectorate Department
Energy Commission Ghana National Fire Service
Ministry of Works and Housing Ghana Navy
Ministry of Information Tema Development Corporation
Ministry of Communication and Town and Country Planning
Technology
Ministry of Interior Tema Municipal Assembly
Ministry of Lands and Forestry Volta River Authority
Institution of Engineers Tema Traditional Council
Kpone Traditional Council Friends of the Earth
Ghana Ports and Harbours Authority Third World Network
Rudan Green Earth
Evaluation and Investment Consult Resource and Environment Development
Organization
Environmental Solutions Limited Registrar General's Department
WAGPA Site Advisory Committees
LIST OF STAKEHOLDERS - TAKORADI
The Representative of Ministry of Environment and Science, Accra;
The Regional Coordinating Council, Sekondi;
Takoradi Thermal Power Station, Aboadze;
Takoradi International Power Company;
5 Details of these workshops can be found in Chapter 5
une Ghana Final Draft RAP Rev
Chapter
The Metropolitan Chief Executive, Shama Ahanta East Metropolitan Assembly -
Sekondi;
The Member of Parliament, Sekondi;
The Member of Parliament, Shama;
The Harbour Master, Ghana Ports and Harbours Authority, Takoradi;
The Commander, Western Naval Command, Takoradi;
The Metropolitan Fire Officer, Ghana National Fire Service, Sekondi;
The Factories Inspectorate Department, Sekondi;
The Chief of Shama/Shama Traditional Council;
The Aboadze Community;
The Dwomo Community;
The Ghana Air Force, Takoradi;
The Canoe Council and Fishermen Association, Aboasi;
The Friends of the Nation (NGO);
Ghana Tourist Board, Sekondi;
The Association of Ghana Industries, Western Region, Takoradi;
Radio Stations and the press.
LIST OF STAKEHOLDERS FOR THE TEMA MUNICIPALITY
The Representative of Ministry of Environment and Science, Accra;
The Municipal Chief Executive, Tema Municipal Assembly, Tema;
The Member of Parliament, Tema East, Tema;
The Member of Parliament, Kpone;
The Corporate Estate/Environment Manager, Ghana Ports and Harbours Authority;
The Commander, Eastern Naval Command, Tema;
The Municipal Fire Officer, Ghana National Fire Service, Tema;
The Chief of Tema Manhean;
The Chief of Kpone;
The Canoe Fishermen Association, Kpone;
The Director, Adom FM, Tema;
Ghana Free Zones Board;
Utility Companies;
Professional Bodies; and
Media Organizations.
LIST OF STAKEHOLDERS FOR GREATER ACCRA
The Representative of Ministry of Environment and Science, Accra;
The Regional Coordinating Council, Accra;
The Council for Scientific and Industrial Research, Accra;
The Representative of the Ministry of Energy, Accra;
The Department of Oceanography and Fisheries, University of Ghana;
The Energy Commission, Accra;
The Metropolitan Chief Executive, Accra Metropolitan Assembly, Accra;
The Chief Inspector, Factories Inspectorate Department, Accra;
The Chief Fire Officer, Ghana National Fire Service, Accra;
une Ghana Final Draft RAP Rev
Chapter
The Energy Foundation, Accra;
The Representative of the Ghana Institution of Engineers, Accra;
The Chiefs of Nungua, Teshie, La, and Osu;
The National Canoe and Fishermen Council, Accra;
The Friends of the Earth (NGO);
The Ghana Tourist Board, Accra;
Town and Country Planning Department;
Lands Commission;
Parliament;
Ghana Telecom;
Utilities;
Volta River Authority;
The Representative of the Ministry of Regional Cooperation and NEPAD; and
Media Organizations.
Information Provided to Sta eholders and the echanisms for Receiving
Feedbac
Official Front End Engineering Design (FEED)/Public Display Package (PDP) documents were
displayed publicly from November 2003 - December 2003 at various locations, and similar
announcements were made via the radio, newspapers, and by public notices posted in the vicinity
of the R&M stations and right of ways.
Feedback has been solicited both during and after public meetings, in both verbal and written
form. Comments could be sent or delivered to the WAGP representative in the country,
technical authorities, or the External Affairs (EA), Communications, and Community Relations
managers of WAPCo in Ghana.
The methods of contact for the stakeholder groups listed in Table 7.1 included consultation
visits, meetings, letters, advertisements, radio announcements, and posters.
Needs Assessment and Community Needs Identification
The Participatory Needs Assessment (PNA) conducted for the WAGP and numerous
consultations with the affected communities provided support for WAPCo's efforts in promoting
its corporate social responsibility agenda. As a result, a Community Development Program
(CDP) will be established in the project-affected communities, in addition to those communities
that are located in proximity to the project operations. This program will be carried out at the
sole discretion of WAGP but in consultation with the communities in the vicinity of the pipeline
infrastructure.
General Project Consultations and Feedback
In addition to the Stakeholder Identification activities listed in Section 7.1. 1, WAPCo and the
WAGP Project team have conducted a number of consultations in both of the affected
communities in Ghana. The consultation process is summarized in Figure 7.2-1.
une Ghana Final Draft RAP Rev
Chapter
Figure :Community Consultation Process Ghana
AuS 2003 NM' 2003 Da D 2003 Eo) 2 Z Onpmi 1 Ons0wm
.-~~in~~l Y . f . l JP'bm4 I-d A lRwigos,Au I - ftblie Noig of Aenih
i ! ~~RCO" . - as 4Y --- Eh ilRgpi Ca-f Sgad
E_ l 1Noulkaiof pi.1ll. "i I''d pi NwsV wd _ >m_ MD&
Table 7.2-1 lists the meetings held where land acquisition and compensation issues were
discussed.
Table Ghana: Community eetings Involving RAP Discussions
3/19/2003 Accra
9/8/2003 Accra
10/10/2003 Tema
Land acquisition and RAP issues were mentioned at the following meetings:
12/6/2000 Accra
1/14/2004 Tema
RAP Consultations
The WAGP representatives carried out consultations in all of the affected communities that will
be directly impacted by the land acquisition activities of the project. Consultations were held
with community members, including land owners, both male and female. Every attempt was
made to locate absentee stakeholders and ensure their participation during meetings.
These consultations highlighted concerns unique to each community. For example, at a meeting
in Tema, a question was raised as to whether or not communities could use compensation funds
for community development as opposed to individual uses. The authorities responded by saying
that the use of the funds is for the traditional councils/community leadership and the community
as a whole to determine and agree on.
People were also concerned about provisions being made for fishermen at Kpone during the
construction period. People were reassured that the pipeline would be far enough offshore that it
would not interfere with landing. Fishermen will continue to be consulted before and during the
construction period.
Additional meetings have been held to address specific land acquisition issues and broader RAP
issues. For example, a meeting was held in January 2004, with the Tema Manhean Traditional
Council to discuss rights over land. While the primary intent of the following meetings was not
une Ghana Final Draft RAP Rev
Chapter
to air concerns about RAP related topics, these meetings nevertheless provided an opportunity
for feedback as presented in Section 7.3.
Summary of Feedbac Received with Respect to RAP Consultation Activities
Feedback received at the consultations listed in Section 7.1.4 is summarized below (See Annex
7.1, 7.2, 7.3, and 7.4).
* The ROW at Tema comes out in the VALCO area where there are other crude oil and
petroleum projects planned. Since these other projects will be seeking ROWs in the same
area and since the Ghana Free Zone area will most likely be the area where the concrete
coating plant will be established, the land issues should be tackled now. This project should
be reconciled with other future projects.
* The WAGP Team would like to have a better understanding of the procedures/processes for
acquiring land from the Tema Stool/Traditional Council, including what WAGP has to do to
jump-start the land negotiation and acquisition process.
* The nature of the relationship between the Stool and the landowners at the Project Site is an
issue.
* Counter claims of ownership of the proposed WAGP Site by the Kpone Stool and the Tema
Traditional Council's response to this matter. Also, there was some criticism that this issue
about whose land will be affected by the R&M Station and the ROW was not addressed in
the ESIA because the land ownership issues of Kpone are basic impact assessment issues.
* In Tema, a suggestion was made to change the concept of ownership to provide some kind of
compensation that will benefit the landowners for a life time instead of a single payment
arrangement.
RAP Disclosure
The following process will be used to disclose the RAP:
* WAGP will place the RAP at least for the duration of the construction phase in designated
places, including: 1) in Accra--Ministry of Energy, Library of Institution of Engineers,
Roman Ridge, Volta River Authority, 2) in Tema--Tema Municipal Authority, Tema
Municipal Assembly-Office of the Registrar, Tema Manhean Traditional Council-Office of
the Registrar, Kpone Traditional Council, and 3) in Takoradi--Volta River Authority
Library-Takoradi Thermal Power Station, Shama Ahanta East Metropolitan Assembly-
Sekondi; and
* WAGP will run public notices in the newspapers advising of the availability of the RAP in
the designated places.
* The World Bank Group requires that the RAP be submitted for a comprehensive public
review both locally and internationally. Once approved for public disclosure purposes, the
RAP will be made available via the World Bank InfoShop.
une Ghana Final Draft RAP Rev
Chapter
Information Gathering and Update for RAP Disclosure
Since early 2004, WAPCo has been carrying out a series of RAP activities implemented as part
of RAP disclosure. These include:
* Disclosure of the compensation process and principle at public workshops and in affected
villages with opportunities for affected people to provide feedback;
* Completion of the inventory of affected assets with full participation of the landowners and
users as a follow up to the posting of these assets in public places in March 2004;
* Verification and update of the census of land owners and users during the notification
meetings prior to acquisition of land (should the final investment decision be delayed).6
Response to disclosure
Feedback received after the draft RAP has been disclosed will be collected and reviewed, and
amendments will be considered during the finalization of the RAP (approximately 120 days after
initial disclosure via the World Bank Group's InfoShop).
RAP Grievances and Dispute Resolution
This section describes the avenues that are available for project-affected people to make a
complaint or express a grievance against WAGP, its staff, or contractors. It also describes the
procedures, roles, and responsibilities for addressing grievances and resolving disputes. The
focus of the project grievance resolution process is to achieve prompt redress for complaints at
the project level. Bringing a grievance into the judiciary system will only be used as a last resort.
The objectives of the grievance process are as follows:
* Provide affected people with avenues for making a complaint or resolving any dispute that
may arise during the course of land and asset acquisition, including during the process of
moving homes;
* Ensure that appropriate and mutually acceptable corrective actions are identified and
implemented to address complaints;
* Verify that complaints are satisfied with outcomes of corrective actions;
* Avoid the need to resort to judicial proceedings.
Description of e isting system
The general steps of the grievance process are described below. A flow chart outlining the main
actions and decision points is shown in Figure 7.4-1.
6 WAGP will also seek opportunities for the identification of absentee owners and keep custody of
entitlements/provisions for them in other countries. If some owners are outside the area at the time of land
acquisition, the bank accounts will be obtained either directly from them or from their resident kin.
une Ghana Final Draft RAP Rev
Chapter
Figure E isting Grievance Process in Ghana
Ifno agreement is
reached
F ~~~ + ~~period __ -:_:; -l , ,-
Step Receipt of Complaint
A complaint received verbally or in writing is recorded in a Grievances Log. External Affairs
will maintain the log during construction and after the operation phase commences. The log
entry will contain:
* Date and description of the grievance;
* Details of the person lodging the complaint;
* Name/position of the person recording the entry;
* Document references if the grievance is filed in writing;
* Resolution efforts and dates (following Steps 2-4 below).
Step : Determination of Corrective Action
The party responsible for maintaining the log (see Step 1) will determine a corrective action in
consultation with the person lodging the complaint, if necessary. A description of the action, the
time frame in which the action is to take place, and the party responsible for implementing the
action will be recorded in the log. If appropriate the individual grievance and corrective action
will be reviewed in light of the project policy and procedures to determine if any changes to the
current system are warranted. This review will aid in avoiding similar grievances in the future.
une Ghana Final Draft RAP Rev
Chapter
Step : eeting with Party who lodged the Complaint
The proposed corrective action and the timeframe in which it is to be implemented will be
discussed with the complainant within 30 days of receipt of the grievance. Written agreement to
proceed with the corrective action will be sought from the complainant. If agreement is not
reached, Step 2 will be revisited.
Step : Implementation of Corrective Action
The corrective action will be carried out by WAPCo within the agreed timeframe. The date of
the completed action will be recorded in the Grievance Log.
Step : Verification of Corrective Action
The party who lodged the complaint will be approached by a WAPCo representative to verify
that the corrective action has taken place. A signature of the complainant will be obtained and
recorded in the log and/or on the Resolution Agreement form described in Step 3 above. If the
complainant is not satisfied with the outcome of the corrective action, additional steps may be
carried out to reach agreement between the parties. If additional corrective action is not possible,
then other avenues may be necessary.
Step : Alternative Action
If the complainant remains dissatisfied and a satisfactory resolution can not be reached, the
complainant has the option to pursue appropriate recourse as provided in compensation
contractual documents (as appropriate), mediation via local or traditional authorities, or via
judicial processes in Ghana.
une Ghana Final Draft RAP Rev
Chapter
Chapter
onitoring and Evaluation
Objectives
Monitoring and evaluation (M & E) procedures aim to establish the effective land and asset
acquisition and resettlement activities for the WAGP in Ghana. The measures are designed to
mitigate adverse social impacts.
The purpose of resettlement monitoring in Ghana will be to verify that:
* Actions and commitments described in the RAP are implemented;
* Eligible people and communities receive their full compensation prior to the start of the
construction activities;
* Complaints and grievances lodged by project-affected people are followed-up with, and
where necessary, appropriate corrective actions are taken;
* If necessary, changes in RAP procedure are made to improve delivery of entitlements to
project-affected people.
World Bank Group's policy (OP 4.12) states that the project sponsor is responsible for adequate
M & E of the activities set forth in the resettlement instrument. Monitoring will establish a
warning system for the project sponsor, and provide a channel for affected persons to make their
needs and their responses known to resettlement execution activities. The sponsor's monitoring
and evaluation activities and programs should be adequately funded and staffed. In-house
monitoring may need to be supplemented by independent monitors to ensure complete and
objective information. Annual and midterm reviews are desirable for large-scale resettlement.
The primary responsibility for monitoring rests with the project sponsor. WAPCo already has a
Land Acquisition team, an Environmental and Social team, and an Implementation Monitoring
unit. These various groups, working in cooperation with one another and with guidance and
oversight from the External Affairs Department, will monitor the project. However, the ultimate
responsibility for all monitoring activities rests with the External Affairs Department.
RAP Monitoring Framework
There are three components of the monitoring framework for the WAGP project:
* Internal monitoring by WAPCo;
* Impact monitoring commissioned to specialized firms; and the
* RAP Completion Audit.
une Ghana Final Draft RAP Rev
Chapter
The establishment of appropriate indicators in the RAP is essential since what is measured is
what will be considered important.
In order to effectively report on the effectiveness of RAP implementation, WAPCo, as the
project sponsor, will monitor the following key indicators in Ghana:
* Compensation disbursements;
* The functioning of the public consultation and grievance procedures.
WAPCo's monitoring will provide the RAP management team with feedback on RAP
implementation and help ensure that adverse impacts on affected people are mitigated in a timely
manner. M & E will be the main mechanism to alert management of any delays and problems
and these activities will help WAPCo measure the extent to which the main objectives of the
resettlement plan have been achieved.
Given the scale of the land acquisition activities in Ghana, internal performance monitoring
followed by a completion audit, will be adequate.
Table
RAP onitoring Framewor
Source of
Type of Information/ Responsibility for Frequency/
Component Information/ Data Data Collection, Audience of
Activity Data Collected Collections Reporting
Methods Reporting
Internal Measurement of Quarterly WAPCo RAP land Semi annual
Performance input, process, narrative status acquisition team,
Monitoring output and and including community
outcome compensation relations
indicators disbursement representatives
against reports
proposed
timeline and
budget,
including
compensation
disbursement
Completion Assessment of Report based on Contracted external On completion
Audit land acquisition performance auditor of RAP
activities reports timetable
The most important indicators for the RAP in the near-term are outputs, processes and outcomes
since they define whether the planned level of effort is being met and whether any lessons
learned during the implementation phase are being used to modify/redesign RAP features.
une Ghana Final Draft RAP Rev
Chapter
Reporting
RAP monitoring reports will be prepared in accordance with World Bank Group guidelines.
Progress will be reported for the following tasks:
* Internal monitoring; and the
* Completion audit.
Staff and onitoring
The WAPCo RAP management team as defined in Chapter 5 will oversee all aspects of
monitoring and evaluation, and will provide a high-level review of internal performance
associated with impact monitoring and related reports.
As discussed in Chapter 5, the primary responsibility for the land acquisition team will fall under
the Community Relations Supervisor, reporting to the WAGP Project Director. Currently, the
WAGP Project Team External Affairs (EA) Department has been overseeing the community
liaisons with project-affected persons. EA specialists are highly knowledgeable of local
conditions and are familiar with local NGO and governmental organizations that assist with
resettlement.
Internal Performance Monitoring
Performance monitoring is an internal management function that will allow WAPCo to measure
physical progress against information on input, output, and outcome indicators established in the
RAP. The information used in internal performance monitoring will include assessment of the
milestones outlined in the table below:
une Ghana Final Draft RAP Rev
Chapter
Table Internal Performance onitoring ilestones
Indicator Type Milestone
Input * Updated Census'of affected people so that tenants and absentee
owners are noted; and
* An updated asset inventory if nmore than a year elapses between
the cut-off date and the declaration of the Final Investment
Decision and/or the start of the land acquisition payments.
Output * Valuation and determination of compensation for affected assets
based on negotiated agreements; and
* Public meetings held.
Outcome * Compensation payments disbursed;
* Grievance redress procedures in place and functioning; and
* Monitoring and evaluation reports submitted
Source of Information Data Collection ethods
Performance monitoring of the RAP will be integrated into overall project management
activities. This will ensure that RAP activities are synchronized with all project implementation
activities.
Information will be collected and compiled in the semi-annual narrative status and compensation
disbursement reports.
Responsibility for Data Collection, Analysis and Reporting
The WAPCo land acquisition team will have primary responsibility for the implementation of all
internal monitoring activities.
Fre uency Audience of Reporting
Performance monitoring reports for the WAPCo RAP management team will be prepared semi-
annually, beginning with the commencement of any activities related to land acquisition
Completion Audit
World Bank Group guidance (OP 4.12) states that upon completion of the project, the Project
Proponent oversees an assessment to determine whether the objectives of the resettlement
une Ghana Final Draft RAP Rev
Chapter
instrument have been achieved. The audit will allow WAPCo, legal authorities, lenders, and
external stakeholders to verify that all physical inputs identified in the RAP have been delivered
and all services provided, and that land acquisition and compensation have been completed in
compliance with OP 4.12. The audit will also evaluate that the mitigation actions prescribed in
the RAP have the desired effect.
une Ghana Final Draft RAP Rev
---- 1-
Chapter
Chapter
Resettlement Budget and Financing
The project has made the necessary budget provisions to ensure that the mitigation commitments,
including compensation and the monitoring programs, can be fully implemented. Full
compensation will be paid for assets lost.
An itemized budget is presented in this chapter. The budget describes the estimated cost for each
of the resettlement activities aspects: operations, compensation, resettlement, and monitoring.
These aspects are further divided and are presented in Table 9.1-1. The budget will be further
detailed and updated after the Final Investment Decision (FID) is taken.
The project sponsors provide financing for RAP activities. The project sponsors will pay RAP
compensation directly to the affected parties.
une Ghana Final Draft RAP Rev
Chapter
Table Budget for Compensation, Land Ac uisition, and RAP Activities in Ghana
Planning, Construction and Operation Phases
Estimated
Cost Item Cost (USS)2 Comment Period of Expenditure
Budget of RAP management and N/A Staffing as described in Chapter 5 is funded via an overall staffing budget, as Planning, Construction and
operations approved by the WAGP Authority pursuant to the International Project Agreement3 Operations
Compensation to affected people
Compensation for acquisition or $530,000 Valued at about USD1.75 per square meter at Tema and for future compressor Construction
permanent loss of use in rural land station, R+M station and ROW in Takoradi USD 5.20 per square meter
Compensation for lost crops $ 2,000 One season of crops, based on estate survey and crop market value Construction
Sub total - compensation $532,000
Extemal Monitoring and Evaluation
Internal monitoring $5,000 Staff costs Constructon and Operations
Completion Audit $5,000 Commissioned Construction and Operations
Sub total - monitoring and evaluation $10,000
Subtotal - all of above $542,000
Contingency $54,000 10% for unidentified claims, unexpected expenses, and inflation due to delays
TOTAL RAP BUDGET $596,000
l The project sponsor will be the source of funds as well as the disbursement channel for funds.
2 Figures used in this table will be adjusted to reflect the market value during project implementation, as negotiated between willing buyer and willing
seller.
3 Average Staffing Time Allocation for RAP implementation is estimated to be as follows: RAP Management Team (5 percent for 3 years),
Community Relations (10 percent for 6 months and 5 percent for 2.5 years), Legal (10 percent for 6 months and 2 percent for 2.5 years), and Engineering (5
percent for 6 months).
une Ghana Final Draft RAP Rev
Chapter
Chapter
Schedule for RAP Implementation
The RAP implementation schedule spans the period from early 2002 when resettlement
implications of alternative siting of the pipeline corridor and other facilities were considered and
when subsequently in August 2002 the earliest stages of consultations on the minimization of
adverse livelihood impacts began, to mid-2007 which approximates the time when construction
is completed and pipeline operations have stabilized. Key compensation activities related to land
acquisition and compensation are expected to cover a nine month period following Final
Investment Decision (FID). Thereafter, livelihood restoration activities will begin. The RAP
implementation schedule in Ghana defines the duration and timing of the key milestones and
tasks for the following activities:
* Preparation of the RAP;
* Consultation and disclosure of the RAP;
* Final Investment Decision (FID) and continued consultations with affected people;
* Asset and land acquisition and compensation synchronized with project construction phases;
* Reinstatement of land following the construction of each section of the project;
* Commencement of project operations; and
* Monitoring and evaluation.
Figure 10.1 -1 below illustrates the above schedule components over the implementation period
in terms of timing following the FID for WAPCo to proceed with construction of the pipeline.
10.1 Plan Preparation
Development of the formal RAP for the Ghanaian portion of the project began in May 2003 with
socioeconomic surveys in the field, and was completed in May 2004. Public disclosure of the
final document will be made in July 2004 subsequent to review and consultation with World
Bank authorities. Individual plans for Nigeria, Togo, and Benin are being written over the same
time period. All RAPs will be submitted to the World Bank and be made available to other
International Finance Institutions (IFIs).
10.2 Consultation and Disclosure
Public consultations, as required by law, were initiated as early as May 2000 during preliminary
meetings with regulatory authorities. To date, WAPCo and the WAGP Project team have
conducted numerous stakeholder consultations in Ghana. A summary of the process and the
events related to the public consultation activities in Ghana is provided in Chapter 5 of the Draft
ESIA Report (WAGP Draft ESIA Report, 2004) and in Chapter 7 of this report.
A broad range of stakeholders, including state authorities, traditional ruling authorities, non-
governmental organizations, youth organizations, media, and villagers along the pipeline route
have been contacted. As a result of the consultative process, adverse impacts from route siting
on people's livelihoods and places of cultural heritage have been minimized. As described in
une Ghana Final Draft RAP Rev
WTI ~ ~~~~~ I I t t
@ Itq a | a a I t a
@X;E~~~~~ a a , , a t I
I --- ~ ~ ~ ~ L----------
@e;~~~~~~ I I I I t I
@-a T - --T
---_------ _--------- _ __ __ __I _____ I - - I- -
- - - a - ------
--'-----------------'--------------I-------- ------------- --------------------
_ ' t ' ' ~~~~~~- - -- -- ----- - ---------- ,
@+ . . .I a .L1t
OR e". g i a , I ,
| @ f d t ' ' 1 t t I' t*
z _ _ _ _ _---- ~~~~~~-- -m----------------r--T~
4 E ;+ 8 -t------ -----------------F--------------- ' ----- 4-----4----------------4-----
o4 - - - -- - - - - - -- - - - - - - - - - 4- -------_. _- --!--4- ------... -- |----- *------ - -- -- -- -
-- - o --,----------------------- ---------------- 4-l4 t ---S-H t-4--------------|----------I
; ; 8 - 1 ------------------ ----4-------------- --- CDI |
Lg~ I . I'SSI S=S j|E
r .--4 --- - --
----- - ----------------
Ga ~~~~~~~~~~- --------------1---------
Ga - .. -~~~0 9- t 4 U O - -
2 I ~ ~ ~ ~~~~~~~~~ E IL
: c;.~~~~~~0 c 0 0 ) 1
o ~~~~-.I-- -F- 4~~~~~~toE
I -~~~~~r- 0 1
- 237J ~~~~~~~~~0r II
C 1 CI I D 0)
I I - M o . 0 I
- a I~~~~~~~~~~0 I I. C (
- -I- -- A ________ A.-----~~~~~~~ 40
- B ~~~~~~~EEco 0-'M'** 6
* 0 F F F j4 1U -
> 0 S~~ 0
a a=MIi 0 9C M2u 0
Mn *I I0I au '00
A2N dnN Ja IB'U!d 2UNLJ oun
i ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~dV)1
----'*--~~~'*---1 � I-----t-----tL----i---th---I----I----t---i----tI----t---- I�L�t ----- ------ ------I-----�
I a ~~~~~~~~~~~~~~UoI)BZ!IUIJ dYbi PUB
* * * * ~~~~dYN IJE'JP 03 noeqpeaj oj asuodsaNj
* 4 I I I * - ~~~~~~~~~doqgSojul a43 ul 9Jfsl3soD!P dVII
1 t- - - - -~~~~~~~~~~~~AJiun0oo 4l u!OJnsoIOs!P dVM
1i1 4 -~~----f---+----P---4~~~-~------* ----r7- ------- i-------- ---- podaJ dV" IJeJP eLij lo uo!IezIIeuIA4
* ~~~~~~~~~~~~SJeJos BU,II,Mf LIlIM SUOlIeBIoBaN
----------------------------------------- ---- - ---- - ---- - ------ -------~~~~~~~~~~~ a I
* I I I I a m a , I a 1 1 , 1 1 1 I - I f 1 1 . 1 1 1 I I l l * I I i i a I ______________________~~~(vo z 43jew
I I I------- - ----------I----- I ------- I ----I---- ' 1 1---L--- 1 1-- --- Ilp oIn uIl Ia Liiqes
I I I I ~~~~~~~~~~~~~~~~~~~~~~~~~~~pasodoid pue s3uGWLufl3lua AipGA
I I : 1 :::: , 03~~~~~~~~~~~~~~~~~~~~~~~~~~~o sBupBBe.H :)qnd uoijfiflsbDV
r 7 7 s~~~~~~~I'p043aW uo!3BflIeA jo uoiIJUjdaJd
1 du Oi auAtO Old jON J[ON u WdUliOwjaIa au au au ow ow ow ow Bali L
pOfluiuoo Bu!Il8WI1 uoiWlieBuJwidmi dVNd oin6ij
AaH dVN )Pea ieuu eU2q9 oun
:- - --- - |- --- ------- Aiiun weuwo o uo jeiuau
-- -- -- : : :----::------l , , lipnv
-----n-----s------------------------------|----- - .------- r- ------ - ---- --- ---- ----- ---------- ------------T- --------- --------'---- eJW
T W T T T -- I I -n-~T--~- ~T-r. e-T--- T----.------.----- -------i------T---- i-------r------------- --- leuJalu
------------------------ ---------- u----- ----leneA pus 5upo;iuow
----- --- ----------- - , 4 _l-- ---- ;------ I ,------------------I -------------- ------ --I -------i------ -T------F--------r------------i u!eao loua aw D
I - - . I : : . suoi.eiedo jo Iu0wODUOWuwo3
- -- -i---- t----- j----- ;----- t----- t-----;-----t-----;-----F-----F-------F------+---- ---- ----- I---- ------- W ------------t-------F-----W------- pu l1 aia ns ! 2
-- ;i : i 4 i . I ' ' i; ' ' puRl 1 o'uowaunisugoD
__ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - __j__,__.__,I-. , | . j j ' j j! I . , ._ _* j ___ _ __O___O_____RO.3.
aguoejon1111o
swsiueqoow BOuUAO4JB JOJ
i i� i*--i---i--F - -i -i i j i i i i i j j-'r j !j , j jj---- -suowe6uene 0-4w Jd UOlId Z!plU!d
: : : : : : : : : : : : : : : : : .'.^.1w I I : :fld:ll!:dO dp:O :
*--- ---*4--- 4--- I----- I -------- -I- ---- - - ---- ----- ---b----------- ----4- -------- ------- ------4-------F------q-------o
:L - .-.: : : : : : : : : : : : - .:4. - * - l. qro,. : : : : : : oWoljopd sonss:uawAued
j11 1 1 1 1 . 1 I I i UOlI!S!nbOe puel
-~~--t-~-------T-------------------------------------------------------------------- ---------------_------ - _-------- - - -- - -----___
III. I I I I I I In vvlq~"w Zo DIrVDItog IC I
094+IL -+I L+I3t+ it+ 6C. 9+ CC+ OC+ Z f+ LX. 911 XL - 6. F -ooz -
oUIoiiIoi~~~~~~~Ioii1 law j1 0:1aw aalwowo w W~ aja aida wo a u _ w-
nu aS UWJms o0 a1 1a"l m s 1 al avll; ms a al 1 i CMu s . -|| |1S< |1 r -
panuiluOa 8u!lai!jL uoiwieuawaidwi dVYd ain6ij
jaldeijj
Chapter
Chapter 7, many of the land acquisition elements of the RAP and ESIA consultations have been
integrated since the beginning of August 2002.
In Ghana, the estate surveyors conducted open forums for the communities to inform the
communities about the proposed WAGP ROW acquisition and to further reassure the
communities that the process of land acquisition will be transparent and that fair and adequate
compensation will be paid to the affected landowners and users (tenants and encroachers). These
meetings were held in the following locations:
* Accra - March 19, 2003
* Accra - September 2003
* Tema- October 10, 2003
Disclosure of the RAP continues the public consultation process by communicating the plan for
implementation of land acquisition, compensation, and monitoring and evaluation of the
mitigation measures. The land acquisition process description, including estate surveys, was
included as part of the front end engineering and design (FEED) package that was submitted to
regulatory authorities as part of the permit approval process. The information was subsequently
displayed publicly for local communities and stakeholders and presented at public workshops
and hearings. These workshops and hearings were conducted to gather comments on the project
design, as well as hear comments on the land acquisition issues and to allow landowners and
other stakeholders to identify themselves. The process has also been communicated through the
projects' external affairs community relations staff.
In addition to RAP disclosure, consultation and disclosure on the potential environmental and
social impacts began with the submission of the preliminary draft ESIA submitted in March
2003. Additional analysis and response to public comments were integrated to a final draft EIA
submitted in January 2004. Public hearings related to the impact environmental and social
analysis are planned for the spring 2004 with the final EIA approval targeted for summer 2004.
10.3 Land Acquisition and Construction
The steps of the land acquisition process are illustrated in Chapter 5 and additional information
on monitoring and evaluation Activities is provided in Chapter 8.
Land acquisition activities will be coordinated with project construction. In Nigeria, specific
land acquisition negotiations and contract preparation began in January 2004 following the
survey of the land ownership and valuation. Valuation and Investment Consulting (Ghana)
completed the Estate Survey and Valuation Assessment report for Ghana in September 2003.
As part of the negotiations it will be stressed that the acquisition of properties (including
appropriate compensation mechanisms) will be aligned with the construction schedule. The final
schedule for construction is not yet in place, however it is envisaged that site work will
commence within nine months of the construction contract award after payment of
compensation. The commencement date of the schedule for the whole of WAGP is dependent
on the final investment decision (FID), which has not yet been made. Construction activities in
Ghana, including the completion of the Tema and Takoradi R&M stations and installation of the
une Ghana Final Draft RAP Rev
Chapter
onshore pipeline, are expected to occur over a 24-month period after award of contract. This
timeframe would include reinstatement activities.
10.4 Monitoring and Evaluation
Methods for monitoring and evaluation of the RAP are described in Chapter 8. These activities
will occur over the construction period and will continue for approximately three years following
completion of the construction phase.
10.5 Community Development Programs
Community development program alternatives are currently being analyzed in consultation with
affected communities through WAPCo's Community Development Program and analyses will
continue until after FID. Some of the programs would likely occur during the construction phase
if the deployment of construction equipment and labor can serve both community development
and project construction purposes. Additional community development programs would be
implemented following the construction phase and concurrent with the RAP monitoring and
evaluation activities. The need to give priority to the directly affected communities and
particularly to households that have lost land and other assets to the project will be recognized
and incorporated in the design and implementation of these programs.
une Ghana Final Draft RAP Rev
Annex 5.1
Involuntary Resettlement Policy OP 4.12
i
i
I
I
I
OP 4.12
I II THE WORLD BANK OPERATIONAL MANUAL December 2001
Operational Policies
These policies were preparedfor use by World Bank staff and are not necessarily a
K cm lete treatment of the subject.
Involuntary Resettlement (Revised
April 2004)
(Revised A ri 2004)
Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BP apply to
all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions
may be addressed to the Director, Social Development Department (SDV).
1. Bankl experience indicates that involuntary resettlement under development projects,
if unmitigated, often gives rise to severe economic, social, and environmental risks:
production systems are dismantled; people face impoverishment when their productive
assets or income sources are lost; people are relocated to environments where their
productive skills may be less applicable and the competition for resources greater;
community institutions and social networks are weakened; kin groups are dispersed; and
cultural identity, traditional authority, and the potential for mutual help are diminished or
lost. This policy includes safeguards to address and mitigate these impoverishment risks.
Policy Objectives
2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and
environmental damage unless appropriate measures are carefully planned and carried out.
For these reasons, the overall objectives of the Bank's policy on involuntary resettlement
are the following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring
all viable alternative project designs.2
(b) Where it is not feasible to avoid resettlement, resettlement activities should be
conceived and executed as sustainable development programs, providing sufficient
investment resources to enable the persons displaced by the project to share in project
benefits. Displaced persons3 should be meaningfully consulted and should have
opportunities to participate in planning and implementing resettlement programs.
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and
standards of living or at least to restore them, in real terms, to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is
higher.4
Impacts Covered
3. This policy covers direct economic and social impacts5 that both result from Bank-
assisted investment projects6, and are caused by
(a) the involuntary7 taking of land8 resulting in
(i) relocation or loss of shelter;
(ii) lost of assets or access to assets; or
(iii) loss of income sources or means of livelihood, whether or not the
affected persons must move to another location; or
(b) the involuntary restriction of access9 to legally designated parks and protected areas
resulting in adverse impacts on the livelihoods of the displaced persons.
4. This policy applies to all components of the project that result in involuntary
resettlement, regardless of the source of financing. It also applies to other activities
resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly
and significantly related to the Bank-assisted project, (b) necessary to achieve its
objectives as set forth in the project documents; and (c) carried out, or planned to be
carried out, contemporaneously with the project.
5. Requests for guidance on the application and scope of this policy should be addressed
to the Resettlement Committee (see BP 4.12, para. 7). 10
Required Measures
6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a
resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the
following:
(a) The resettlement plan or resettlement policy framework includes measures to ensure
that the displaced persons are
(i) informed about their options and rights pertaining to
resettlement;
(ii) consulted on, offered choices among, and provided with
technically and economically feasible resettlement alternatives;
and
(iii) provided prompt and effective compensation at full
replacement costI 1 for losses of assetsl2 attributable directly to
the project.
(b) If the impacts include physical relocation, the resettlement plan or resettlement policy
framework includes measures to ensure that the displaced persons are
(i) provided assistance (such as moving allowances) during
relocation; and
(ii) provided with residential housing, or housing sites, or, as
required, agricultural sites for which a combination of productive
potential, locational advantages, and other factors is at least
equivalent to the advantages of the old site. 13
(c) Where necessary to achieve the objectives of the policy, the resettlement plan or
resettlement policy framework also include measures to ensure that displaced persons are
(i) offered support after displacement, for a transition period,
based on a reasonable estimate of the time likely to be needed to
restore their livelihood and standards of living; 14 and
(ii) provided with development assistance in addition to
compensation measures described in paragraph 6(a) (iii), such as
land preparation, credit facilities, training, or job opportunities.
7. In projects involving involuntary restriction of access to legally designated parks and
protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures
necessary to mitigate adverse impacts, is determined with the participation of the
displaced persons during the design and implementation of the project. In such cases, the
borrower prepares a process framework acceptable to the Bank, describing the
participatory process by which
(a) specific components of the project will be prepared and implemented;
(b) the criteria for eligibility of displaced persons will be determined;
(c) measures to assist the displaced persons in their efforts to improve their livelihoods,
or at least to restore them, in real terms, while maintaining the sustainability of the park
or protected area, will be identified; and
(d) potential conflicts involving displaced persons will be resolved.
The process framework also includes a description of the arrangements for implementing
and monitoring the process.
8. To achieve the objectives of this policy, particular attention is paid to the needs of
vulnerable groups among those displaced, especially those below the poverty line, the
landless, the elderly, women and children, indigenous peoples,l5 ethnic minorities, or
other displaced persons who may not be protected through national land compensation
legislation.
9. Bank experience has shown that resettlement of indigenous peoples with traditional
land-based modes of production is particularly complex and may have significant adverse
impacts on their identity and cultural survival. For this reason, the Bank satisfies itself
that the borrower has explored all viable alternative project designs to avoid physical
displacement of these groups. When it is not feasible to avoid such displacement,
preference is given to land-based resettlement strategies for these groups (see para. 11)
that are compatible with their cultural preferences and are prepared in consultation with
them (see Annex A, para. 11).
10. The implementation of resettlement activities is linked to the implementation of the
investment component of the project to ensure that displacement or restriction of access
does not occur before necessary measures for resettlement are in place. For impacts
covered in para. 3(a) of this policy, these measures include provision of compensation
and of other assistance required for relocation, prior to displacement, and preparation and
provision of resettlement sites with adequate facilities, where required. In particular,
taking of land and related assets may take place only after compensation has been paid
and, where applicable, resettlement sites and moving allowances have been provided to
the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to
assist the displaced persons are implemented in accordance with the plan of action as part
of the project (see para. 30).
11. Preference should be given to land-based resettlement strategies for displaced persons
whose livelihoods are land-based. These strategies may include resettlement on public
land (see footnote 1 above), or on private land acquired or purchased for resettlement.
Whenever replacement land is offered, resettlers are provided with land for which a
combination of productive potential, locational advantages, and other factors is at least
equivalent to the advantages of the land taken. If land is not the preferred option of the
displaced persons, the provision of land would adversely affect the sustainability of a
park or protected area, 16 or sufficient land is not available at a reasonable price, non-
land-based options built around opportunities for employment or self-employment should
be provided in addition to cash compensation for land and other assets lost. The lack of
adequate land must be demonstrated and documented to the satisfaction of the Bank.
12. Payment of cash compensation for lost assets may be appropriate where (a)
livelihoods are land-based but the land taken for the project is a small fraction 17 of the
affected asset and the residual is economically viable; (b) active markets for land,
housing, and labor exist, displaced persons use such markets, and there is sufficient
supply of land and housing; or (c) livelihoods are not land-based. Cash compensation
levels should be sufficient to replace the lost land and other assets at full replacement cost
in local markets.
13. For impacts covered under para. 3(a) of this policy, the Bank also requires the
following:
(a) Displaced persons and their communities, and any host communities receiving them,
are provided timely and relevant information, consulted on resettlement options, and
offered opportunities to participate in planning, implementing, and monitoring
resettlement. Appropriate and accessible grievance mechanisms are established for these
groups.
(b) In new resettlement sites or host communities, infrastructure and public services are
provided as necessary to improve, restore, or maintain accessibility and levels of service
for the displaced persons and host communities. Alternative or similar resources are
provided to compensate for the loss of access to community resources (such as fishing
areas, grazing areas, fuel, or fodder).
(c) Patterns of community organization appropriate to the new circumstances are based
on choices made by the displaced persons. To the extent possible, the existing social and
cultural institutions of resettlers and any host communities are preserved and resettlers'
preferences with respect to relocating in preexisting communities and groups are
honored.
Eligibility for Benefits 1 8
14. Upon identification of the need for involuntary resettlement in a project, the borrower
carries out a census to identify the persons who will be affected by the project (see the
Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage
inflow of people ineligible for assistance. The borrower also develops a procedure,
satisfactory to the Bank, for establishing the criteria by which displaced persons will be
deemed eligible for compensation and other resettlement assistance. The procedure
includes provisions for meaningful consultations with affected persons and communities,
local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it
specifies grievance mechanisms.
15. Criteria for Eligibility. Displaced persons may be classified in one of the following
three groups:
(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 (see Annex A, para. 7(f)); andI9
(c) those who have no recognizable legal right or claim to the land they are occupying.
16. Persons covered under para. 15(a) and (b) are provided compensation for the land
they lose, and other assistance in accordance with para. 6. Persons covered under para.
15(c) are provided resettlement assistanc2O in lieu of compensation for the land they
occupy, and other assistance, as necessary, to achieve the objectives set out in this policy,
if they occupy the project area prior to a cut-off date established by the borrower and
acceptable to the Bank.21 Persons who encroach on the area after the cut-off date are not
entitled to compensation or any other form of resettlement assistance. All persons
included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than
land.
Resettlement Planning, Implementation, and Monitoring
17. To achieve the objectives of this policy, different planning instruments are used,
depending on the type of project:
(a) a resettlement plan or abbreviated resettlement plan is required for all operations that
entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A);
(b) a resettlement policy framework is required for operations referred to in paras. 26-30
that may entail involuntary resettlement, unless otherwise specified (see Annex A); and
(c) a process framework is prepared for projects involving restriction of access in
accordance with para. 3(b) (see para. 31).
18. The borrower is responsible for preparing, implementing, and monitoring a
resettlement plan, a resettlement policy framework, or a process framework (the
"resettlement instruments"), as appropriate, that conform to this policy. The resettlement
instrument presents a strategy for achieving the objectives of the policy and covers all
aspects of the proposed resettlement. Borrower commitment to, and capacity for,
undertaking successful resettlement is a key determinant of Bank involvement in a
project.
19. Resettlement planning includes early screening, scoping of key issues, the choice of
resettlement instrument, and the information required to prepare the resettlement
component or subcomponent. The scope and level of detail of the resettlement
instruments vary with the magnitude and complexity of resettlement. In preparing the
resettlement component, the borrower draws on appropriate social, technical, and legal
expertise and on relevant community-based organizations and NGOs.22 The borrower
informs potentially displaced persons at an early stage about the resettlement aspects of
the project and takes their views into account in project design.
20. The full costs of resettlement activities necessary to achieve the objectives of the
project are included in the total costs of the project. The costs of resettlement, like the
costs of other project activities, are treated as a charge against the economic benefits of
the project; and any net benefits to resettlers (as compared to the "without-project"
circumstances) are added to the benefits stream of the project. Resettlement components
or free-standing resettlement projects need not be economically viable on their own, but
they should be cost-effective.
21. The borrower ensures that the Project Implementation Plan is fully consistent with the
resettlement instrument.
22. As a condition of appraisal of projects involving resettlement, the borrower provides
the Bank with the relevant draft resettlement instrument which conforms to this policy,
and makes it available at a place accessible to displaced persons and local NGOs, in a
form, manner, and language that are understandable to them. Once the Bank accepts this
instrument as providing an adequate basis for project appraisal, the Bank makes it
available to the public through its InfoShop. After the Bank has approved the final
resettlement instrument, the Bank and the borrower disclose it again in the same
manner.23
23. The borrower's obligations to carry out the resettlement instrument and to keep the
Bank informed of implementation progress are provided for in the legal agreements for
the project.
24. The borrower is responsible for adequate monitoring and evaluation of the activities
set forth in the resettlement instrument. The Bank regularly supervises resettlement
implementation to determine compliance with the resettlement instrument. Upon
completion of the project, the borrower undertakes an assessment to determine whether
the objectives of the resettlement instrument have been achieved. The assessment takes
into account the baseline conditions and the results of resettlement monitoring. If the
assessment reveals that these objectives may not be realized, the borrower should propose
follow-up measures that may serve as the basis for continued Bank supervision, as the
Bank deems appropriate (see also BP 4.12, para. 16).
Resettlement Instruments
Resettlement Plan
25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see
Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where
impacts on the entire displaced population are minor,25 or fewer than 200 people are
displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex
A, para. 22). The information disclosure procedures set forth in para. 22 apply.
Resettlement Policy Framework
26. For sector investment operations that may involve involuntary resettlement, the Bank
requires that the project implementing agency screen subprojects to be financed by the
Bank to ensure their consistency with this OP. For these operations, the borrower
submits, prior to appraisal, a resettlement policy framework that conforms to this policy
(see Annex A, paras. 23-25). The framework also estimates, to the extent feasible, the
total population to be displaced and the overall resettlement costs.
27. For financial intermediary operations that may involve involuntary resettlement, the
Bank requires that the financial intermediary (Fl) screen subprojects to be financed by the
Bank to ensure their consistency with this OP. For these operations, the Bank requires
that before appraisal the borrower or the Fl submit to the Bank a resettlement policy
framework conforming to this policy (see Annex A, paras. 23-25). In addition, the
framework includes an assessment of the institutional capacity and procedures of each of
the FIs that will be responsible for subproject financing. When, in the assessment of the
Bank, no resettlement is envisaged in the subprojects to be financed by the Fl, a
resettlement policy framework is not required. Instead, the legal agreements specify the
obligation of the FIs to obtain from the potential subborrowers a resettlement plan
consistent with this policy if a subproject gives rise to resettlement. For all subprojects
involving resettlement, the resettlement plan is provided to the Bank for approval before
the subproject is accepted for Bank financing.
28. For other Bank-assisted project with multiple subprojects26 that may involve
involuntary resettlement, the Bank requires that a draft resettlement plan conforming to
this policy be submitted to the Bank before appraisal of the project unless, because of the
nature and design of the project or of a specific subproject or subprojects (a) the zone of
impact of subprojects cannot be determined, or (b) the zone of impact is known but
precise sitting alignments cannot be determined. In such cases, the borrower submits a
resettlement policy framework consistent with this policy prior to appraisal (see Annex
A, paras. 23-25). For other subprojects that do not fall within the above criteria, a
resettlement plan conforming to this policy is required prior to appraisal.
29. For each subproject included in a project described in para. 26, 27, or 28 that may
involve resettlement, the Bank requires that a satisfactory resettlement plan or an
abbreviated resettlement plan that is consistent with the provisions of the policy
framework be submitted to the Bank for approval before the subproject is accepted for
Bank financing.
30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that
subproject resettlement plans may be approved by the project implementing agency or a
responsible government agency or financial intermediary without prior Bank review, if
that agency has demonstrated adequate institutional capacity to review resettlement plans
and ensure their consistency with this policy. Any such delegation, and appropriate
remedies for the entity's approval of resettlement plans found not to be in compliance
with Bank policy, are provided for in the legal agreements for the project. In all such
cases, implementation of the resettlement plans is subject to ex post review by the Bank.
Process Framework
31. For projects involving restriction of access in accordance with para. 3(b) above, the
borrower provides the Bank with a draft process framework that conforms to the relevant
provisions of this policy as a condition of appraisal. In addition, during project
implementation and before to enforcing of the restriction, the borrower prepares a plan of
action, acceptable to the Bank, describing the specific measures to be undertaken to assist
the displaced persons and the arrangements for their implementation. The plan of action
could take the form of a natural resources management plan prepared for the project.
Assistance to the Borrower
32. In furtherance of the objectives of this policy, the Bank may at a borrower's request
support the borrower and other concerned entities by providing
(a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks,
and specific plans at a country, regional, or sectoral level;
(b) financing of technical assistance to strengthen the capacities of agencies responsible
for resettlement, or of affected people to participate more effectively in resettlement
operations;
(c) financing of technical assistance for developing resettlement policies, strategies, and
specific plans, and for implementation, monitoring, and evaluation of resettlement
activities; and
(d) financing of the investment costs of resettlement.
33. The Bank may finance either a component of the main investment causing
displacement and requiring resettlement, or a free-standing resettlement project with
appropriate cross-conditionalities, processed and implemented in parallel with the
investment that causes the displacement. The Bank may finance resettlement even though
it is not financing the main investment that makes resettlement necessary.
1. "Bank" includes IDA; "loans" includes credits, guarantees, Project Preparation Facility (PPF) advances
and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and
innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment
activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is
the implementing/executing agency; and (e) grants or loans provided by other donors that are administered
by the Bank. The term "project" does not include programs under adjustment operations. "Borrower" also
includes, wherever the context requires, the guarantor or the project implementing agency.
2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken
into account, as relevant. These policies include OP 4.01 Environmental Assessment, OP 4.04 Natural
Habitats, OP 4.11 Safeguarding Cultural Property in Bank-Assisted Projects, and OD 4.20 Indigenous
Peoples.
3. The term "displaced persons" refers to persons who are affected in any of the ways described in para. 3
of this OP.
4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their
livelihoods in a manner that maintains the sustainability of the parks and protected areas.
5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower to
undertake a social assessment and implement measures to minimize and mitigate adverse economic and
social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic
impacts that do not result from land taking may be identified and addressed through environmental
assessments and other project reports and instruments.
6. This policy does not apply to restrictions of access to natural resources under community-based projects,
i.e. where the community using the resources decides to restrict access to these resources, provided that an
assessment satisfactory to the Bank establishes that the community decision-making process is adequate,
and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the
vulnerable members of the community. This policy also does not cover refugees from natural disasters,
war, or civil strife (see OP/BP 8.50, Emergency Recovery Assistance).
7. For purposes of this policy, "involuntary" means actions that may be taken without the displaced person's
informed consent or power of choice.
8. "Land" includes anything growing on or permanently affixed to land, such as buildings and crops. This
policy does not apply to regulations of natural resources on a national or regional level to promote their
sustainability, such as watershed management, groundwater management, fisheries management, etc. The
policy also does not apply to disputes between private parties in land titling projects, although it is good
practice for the borrower to undertake a social assessment and implement measures to minimize and
mitigate adverse social impacts, especially those affecting poor and vulnerable groups.
9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use of
resources imposed on people living outside the park or protected area, or on those who continue living
inside the park or protected area during and after project implementation. In cases where new parks and
protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered
under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para.
3(a).
10. The Resettlement Sourcebook (forthcoming) provides good practice guidance to staff on the policy.
11. "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to
replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of
structures and assets should not be taken into account (for a detailed definition of replacement cost, see
Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g.,
access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are
made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where
domestic law does not meet the standard of compensation at full replacement cost, compensation under
domestic law is supplemented by additional measures necessary to meet the replacement cost standard.
Such additional assistance is distinct from resettlement assistance to be provided under other clauses of
para. 6.
12. If the residual of the asset being taken is not economically viable, compensation and other resettlement
assistance are provided as if the entire asset had been taken.
13. The alternative assets are provided with adequate tenure arrangements. The cost of alternative
residential housing, housing sites, business premises, and agricultural sites to be provided can be set off
against all or part of the compensation payable for the corresponding asset lost.
14. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar
arrangements
15. See OD 4.20, Indigenous Peoples.
16. See OP 4.04, Natural Habitats.
17. As a general principle, this applies if the land taken constitutes less than 20% of the total productive
area.
18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for
displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30).
19. Such claims could be derived from adverse possession, from continued possession of public lands
without government action for eviction (that is, with the implicit leave of the government), or from
customary and traditional law and usage, and so on.
20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate.
21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the
project area was delineated, prior to the census, provided that there has been an effective public
dissemination of information on the area delineated, and systematic and continuous dissemination
subsequent to the delineation to prevent further population influx.
22. For projects that are highly risky or contentious, or that involve significant and complex resettlement
activities, the borrower should normally engage an advisory panel of independent, internationally
recognized resettlement specialists to advise on all aspects of the project relevant to the resettlement
activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If
independent technical advisory panels are established under OP 4.01, Environmental Assessment, the
resettlement panel may form part of the environmental panel of experts.
See BP 17.50, Disclosure of Operational Information (forthcoming) for detailed disclosure procedures.
24. An exception to this requirement may be made in highly unusual circumstances (such as emergency
recovery operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the
Management's approval stipulates a timetable and budget for developing the resettlement plan.
25. Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of
their productive assets are lost.
26. For purpose of this paragraph, the term "subprojects" includes components and subcomponents.
Annex 5.2
Ghana Physical Asset Survey'
'Figures presented in this Annex are related to the unit prices that are estimates used for illustration. The
final unit prices will reflect the prevailing market value as negotiated between willing buyer and willing
seller.
l
GHANA PHYSICAL ASSET SURVEY
I. TEMA
Vilbge Nanme Site plan Parcel Itens an - uantity Gross Value of land. % of Land Value or Land Improvements Total Cost
;- - No.No. No. Ppm t (m2) For each vlctim-- Taken Taken - (MULabor) AMst. In PAA
Tema Manhean 241 WAGM-001 Bare Land 510 17,000,000 100 17,000,000 Nil 17,000,000
Tema Manhean 244 WAGM-002 Bare Land 635 21,166,667 2 423,333 Nil 423,333
Tema Manhean 240 WAGM-003 Bare Land 510 17,000,000 98 16,660,000 Nil 16,660,000
Tema Manhean 243 WAGM-004 Bare Land 510 17,000,000 27 4,590,000 Nil 4,590,000
Tema Manhean 239 WAGM-005 Bare Land 510 17,000,000 57 9,690,000 Nil 9,690,000
Tema Manhean 242 WAGM-006 Bare Land 635 21,166,667 50 10,583,333 Nil 10,583,333
Tema Manhean 239A WAGM-007 Bare Land 635 21,166,667 17 3,598,333 Nil 3,598,333
Tema Manhean 197A WAGM-008 Bare Land 635 21,166,667 70 14,816,667 Nil 14,816,667
Tema Manhean 197 WAGM-009 Bare Land 635 21,166,667 50 10,583,333 Nil 10,583,333
Tema Manhean 196 WAGM-010 Bare Land 635 21,166,667 40 8,466,667 Nil 8,466,667
Tema Manhean 206 WAGM-011 Bare Land 635 21,166,667 2 423,333 Nil 423,333
Tema Manhean 205 WAGM-012 Bare Land 635 21,166,667 11 2,328,333 Nil 2,328,333
Tema Manhean 204A WAGM-013 Bare Land 635 21,166,667 47 9,948,333 Nil 9,948,333
Tema Manhean 204 WAGM-015 Bare Land 635 21,166,667 70 14,816,667 Nil 14,816,667
Tema Manhean 211 WAGM-016 Bare Land 635 21,166,667 8 1,693,333 Nil 1,693,333
Tema Manhean 203 WAGM-017 Bare Land 635 21,166,667 90 19,050,000 Nil 19,050,000
Tema Manhean 210 WAGM-018 Bare Land 635 21,166,667 20 4,233,333 Nil 4,233,333
Tema Manhean 202 WAGM-019 Bare Land 635 21,166,667 90 19,050,000 Nil 19,050,000
Tema Manhean 209 WAGM-020 Bare Land 953 31,766,667 70 22,236,667 Nil 22,236,667
Tema Manhean 201 WAGM-021 Bare Land 635 21,166,667 60 12,700,000 Nil 12,700,000
Tema Manhean 200 WAGM-022 Bare Land 635 21,166,667 45 9,525,000 Nil 9,525,000
Tema Manhean 199 WAGM-023 Bare Land 635 21,166,667 20 4,233,333 Nil 4,233,333
Tema Manhean 198 WAGM-024 Bare Land 635 21,166,667 3 635,000 Nil 635,000
Tema Manhean TSL 1 WAGM-025 Bare Land 900 30,000,000 100 30,000,000 Nil 30,000,000
Tema Manhean TSL 2 WAGM-026 Bare Land 28,500 608,000,000 100 608,000,000 Nil 608,000,000
Tema Manhean *TSL 3 WAGM-027 Bare Land 816 14,563,968 100 14,563,968 Nil 14,563,968
Tema Manhean * R 1 WAGM-028 Bare Land 1,500 26,772,000 100 26,772,000 Nil 26,772,000
Tema Manhean *R 2 WAGM-029 Bare Land 750 Road reservation N/A No purchase Nil 0
Tema Manhean R 3 WAGM-030 Bare Land 525 Road reservation N/A No purchase Nil 0
Tema Manhean *R4 WAGM-031 Bare Land 1,800 Road reservation N/A No purchase Nil 0
Tema Manhean *R5 IWAGM-032 Bare Land 4,500 Road reservation N/A No purchase Nil 0
Tema Manhean *R6 WAGM-033 Bare Land 642 Road reservation N/A No purchase Nil 0
Tema Total 54,356 1,160,102,635 - 896,620,968 0 896,620,968
II. TAKORADI
VilagbeNana b Sb pilef ' a | rcdi oesn* i.a--: GmsVakze . aI -d %of Land' VlefL d --5 hn;en r ' _
'v N '.;, . . J.,. . .FOrem i~sYlCt.: A Taken T n-ke - 1 abor)
TaKoraa, WAGT-001 Towet 47 Ni 100 N-' 13 230 00t 13 230 000
Takoradi WAGT-002 bathrooms 19 Nil 100 Nil 5,586,000 5,586,000
Takoradi WAGT-003 Fence 490 Nil N/A Nil 50,000,000 50,000,000
Takoradi WAGT-004 R & M Station 4,900 Joint Occupation with VRA N/A t Occupation with VRA Nil 0
Takoradi WAGT-005 Land outside fenc 57,000 1,795,275,591, 100 1,795,275,591 Nil 1,795,275,591
Takoradi ______WAGT-006 ILand ( ROW) 5,000 No actual acquisition 100 No actual purchase Nil 0
Takoradi Total 67,457 1,795,275,591 1,795,275,591 68,816,000 1,864,091,591
Site Plan No. [ No. of the parcel as given on TDC site plan
Parcel No. V WAGP assigned Number
GPS Coord I_Coordinates of the pacel
Land Owner's Name Name of the Land ownerMcbim
Item | Descnption of the inventory assel type
Quantity Size of the Asset for each vicbm
Descrlption/Constructlon Type Description of the nature of construction ol the improvement
Gross Value of Land |Gross Value of Land for each Vicbm I
% of Land taken Taken J% of each victims land affected by the PAA
Value of Land Taken I Value of the portion of land affected by the PAA
Replacement Cost of Imerovement Cost of Replacing improvement
Total Cost I I fVALUE OF Land Taken plus cost of replacing improvents
Annex 5.3
Ghana Crop Valuation 1
' Figures presented in this Annex are related to the unit prices that are estimates used for illustration. The
final unit prices will reflect the prevailing market value as negotiated between willing buyer and willing
seller.
GHANA CROP VALUATION
Pml -|, Crop Type - UndTakin RaatImi Planting No. of RatA I Cm . Value - M Capltats.d
No.' - . (2 (Codii.) Dbnc. .- Crpe (Cda (Cd Mdlwl iet Value (Cedis)
WAGM-001 M Maize (matured) 255 610 80cm x 90cm 354 439.20 155,550
Beans (matured) 255 732 80cm x 20cm 1,594 117.12 186,660
_________ _________________ ________ 342,210 1,023,417
WAGM-002 M Maize (matured) 2097 610 80cm x 90cm 2,913 439.20 1,279,170
Cassava (matured) 233 692 40cm x 80cm 728 221.44 161,236
_ __ __ ___ __ ___ _ __ ___ _ ___ __ __ __ __ ___ __ ___ __ __ __ __ 1.440,406 4,307,696
WAGM-003 M Maize (matured) 153 610 80cm x 90cm 213 439.20 93,330
Okro (matured) 153 642 60cm x 90cm 283 346.68 98,226
___________ _________ ~191,886 572.870
WAGM-004 M Pepper (medium) 175.5 616 60cm x 60cm 488 221.76 108,108
Beans (matured) 175.5 732 80cm x 20cm 1,097 117.12 128,466
236,574 707,501
WAGM-005 M Pepper (50% medium) 265.5 616 30cm x 60cm 1,475 110.88 163,548
Pepper (50% small) 265.5 418 30cm x 60cm 1,475 75.24 110,979
__________ ___________ _________ 274,527 821,004
WAGM-006 M Okro (matured) 420 642 60cm x 90cm 778 346.68 269,640
Cassava (medium) 420 533 40cm x 80cm 1,313 170.56 223,860
Maize (matured) 20 610 80cm x 90cm 5 439.20 12,200
__________ 505,700 1,512,353
WAGM-007 F Tomatoes (matured) 10,472 733 60cm x 60cm 29,089 263.88 7,675,976
__________ ____________ 7,675,976 22,955,867
WAGM-008 M Tomatoes (matured) 1323 733 60cm x 60cm 3,675 263.88 969,759
__________ . __________ 969,759 2,900,173
WAGM-009 M Cassava (matured) 881.5 692 40cm x 80cm 2,755 221.44 609,998
Potatoes (medium) 881.5 653 30cm x 60cm 4,897 117.54 575,620
__________ ___________ _________ 1,185,618 3,545,722
WAGM-010 F Okro (small) 336 370 60cm x 90cm 622 199.80 124,320
124,320 371,793
WAGM-011 M Cassava (matured) 684 692 40cm x 80cm 2,138 221.44 473,328
Yam (medium) 36 504 2m x 2m 50 362.88 18,144
__________ ___________ _________ 491,472 1,469,802
WAGM-012 M Cassava (small) 220 462 40cm x 80cm 688 147.84 101,640
Maize (small) 220 383 80cm x 90cm 306 275.76 64,260
_________ ___________ _________ 185,900 555,955
WAGM-013 M Groundnut 308 453 30cm x 60cm 1,711 81.54 139,524
_______ ___________ _________ 139,524 417,262
WAGM-014 M Pepper ( medium) 140 616 30cm x 60cm 778 110.88 86,240
Maize (matured) 140 610 80cm x 90cm 194 439.20 85,400
Tomatoes (matured) 140 733 60cm x 60cm 389 263.88 102,620
_ __________________ __________ ____________ __________ 274,260 820,205
WAGM-015 M Cassava (matured) 900 692 40cm x 80cm 2,813 221.44 622,800
622,800 1,862,553
WAGM-016 M Maize (matured but 900 610 80cm x 90cm 2,813 195.20 549,000
harvested)
1,184,303
WAGM-017 Maize (matured) 210 610 80cm x 90cm 292 439.20 128,100
__________ ________ ~~~~~~~~128,100 383.097
WAGM-018 M Tomatoes (matured) 210 733 30cm x 60cm 292 527.76 153,930
__________ ___________ _________ ________ 153,930 460,345
WAGM-019 Maize (matured) 189 610 80cm x 90cm 263 439.20 115,290
__________ ._________ _________ 115,290 344,788
WAGM-020 Maize (matured but 189 610 80cm x 90cm 263 439.20 115,290 248,704
harvested)
WAGM-021 Maize (matured) 63 610 80cm x 90cm 88 439.20 38,430
_ __.__.__.__.__._ 38,430 114,929
WAGM-022 M Okro (matured) 90 461 60cm x 90cm 167 248.94 41,490
Okro (small) 90 370 60cm x 90cm 167 199.80 33,300
. _________________ __________ 74,790 223,668
WAGM-023 M Okro (medium) 101.5 461 60cm x 90cm 188 248.94 46,792
Okro (small) 101.5 370 60cm x 90cm 188 199.80 37,555
. ________________ . . . ____ 84,347 252,248
WAGM-024 M Maize (matured but 351 610 80cm x 90cm 650 329.40 214,110
harvested)
Cassava (small) 351 462 40cm x 80cm 1,097 147.84 162,162
________ . ._______________ - __________ ________ 162,162 811,894
WAGM-025 Maize (matured) 900 610 80cm x 90cm 1,250 439.20 549,000
549,000 1,841,846
_ Tmem Total 49,509,794
26 Coconut (Matured) | | 28 l 116,000 2,900,000
l Coconut (small) 2 l 1 70 140
.______ J l_______ lI ________ _______ Takoradi Total 2,900,140
.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 52,409,934
Annex 5.4
Ghana Total Compensation Summary
1'Figures presented in this Annex are related to the unit prices that are estimates used for illustration. The
final unit prices will reflect the prevailing market value as negotiated between willing buyer and willing
seller.
i
i
I
Ii
i
I
GHANA TOTAL COMPENSATION SUMMARY
TEMA AND TAKORADI PROJECT SITES
COST ITEM TOTAL COMPENSATION TOTAL COMPENSATION
(Ghana Cedis) (US Dollars)
DESCRIPTION TEMA TAKORADI TOTAL TEMA TAKORADI TOTAL
Land Value 896,620,968 1,795,275,591 2,691,896,559 103,060 206,354 309,413
Improvements 0 68,816,000 68,816,000 0 7,910 7,910
Crops 49,510,309 0 49,510,309 5,691 0 5,691
Total Cost 946,131,277 1,864,091,591 2,810,222,868 108,751 214,263 323,014
Note: Exchange Rate of US$ 1.00 = 8700 Cedis Assumed
I
I
i
i
i
i
i
I
I
i
I
Annex 5.5
Ghana Land Asset Inventory'
' Figures presented in this Annex are related to the unit prices that are estimates used for illustration. The
final unit prices will reflect the prevailing market value as negotiated between willing buyer and willing
seller.
z
i
i
j
I
i
i
I
I
i
i
GHANA LAND ASSET INVENTORY
-VilIage PareU -... Land Taken Net Prod. Market Value Compensation Paynment
Name No. Land I Holding Te' - (-:m2 (CEDIUYr) | OpJon . option
Rain 'e,h hdrged Pasture, - Fshpod -Woodlot J-lotselol , , .
_ - (m2) (m2) (m2) (m2) (m2) (m2) . - . _ (Yes/No)
Tema Manhean WAGM-001 4 510 342,210.00 1,023,417.00 Yes Cash
Tema Manhean WAGM-002 '4 2330 1,440,406.00 4,307,696.00 Yes Cash
Tema Manhean WAGM-003 4 306 191,556.00 572,870.00 Yes Cash
Tema Manhean WAGM-004 4 315 236,574.00 707,501.00 Yes Cash
Tema Manhean WAGM-005 4 525 274,527.00 821,004.00 Yes Cash
Tema Manhean WAGM-006 4 840 493,500.00 1,475,867.00 Yes Cash
Tema Manhean WAGM-007 '4 _ _ _ 10472 7,675,976.00 22,956,867.00 Yes Cash
Tema Manhean WAGM-008 4 1323 969,759.00 2,900,173.00 Yes Cash
Tema Manhean WAGM-009 '4 1763 1,185,618.00 3,545,722.00 Yes Cash
Tema Manhean WAGM-010 '4 336 124,320.00 371,793.00 Yes Cash
Tema Manhean WAGM-01 1 4 720 491,472.00 1,469,802.00 Yes Cash
Tema Manhean WAGM-012 4 440 185,900.00 555,955.00 Yes Cash
Tema Manhean WAGM-013 4 308 139,524.00 417,262.00 Yes Cash
Tema Manhean WAGM-014 4 420 274,260.00 820,205.00 Yes Cash
Tema Manhean WAGM-015 '4 900 622,800.00 1,862,553.00 Yes Cash
Tema Manhean WAGM-016 '4 _ _ _ _ 900 549,000.00 1,184,303.00 Yes Cash
Tema Manhean WAGM-017 4 210 128,100.00 383,097.00 Yes Cash
Tema Manhean WAGM-018 '4 _ 210 153,930.00 460,345.00 Yes Cash
Tema Manhean WAGM-019 '_ 189 115,290.00 344,788.00 Yes Cash
Tema Manhean WAGM-020 '4 _ __ _ _ 189 115,290.00 284,704.00 Yes Cash
Tema Manhean WAGM-021 4 63 38,430.00 114,929.00 Yes Cash
Tema Manhean WAGM-022 '4 180 74,790.00 223,668.00 Yes Cash
Tema Manhean WAGM-023 '4 203 84,347.00 252,248.00 Yes Cash
Tema Manhean WAGM-024 '4 = 702 162,162.00 811,694.00 Yes Cash
Tema Manhean WAGM-025 '4 900 549,000.00 1,641,846.00 Yes Cash
TOTAL 25,254.00 16,618,741.00 49,510,309.00 _
$5,690.84 us
----
Annex 6.1
Ghana Estate Survey Variables and Sample Data'
' Figures presented in this Annex are related to the unit prices that are estimates used for illustration. The
final unit prices will reflect the prevailing market value as negotiated between willing buyer and willing
seller.
i
I
i
Ghana Estate Survey Variables and Sample Data*
Table 1: Land Valuation
VollNm Site p. - Parcel -- son .-%uaniy - ssValue a . %of Land PAL Valhe oailproemtsKTouaICost
-No. - No. ~Proey (m2) For each victim Taken ____ Taken -(MatLqabor)' Assets In PAA
Tema Manhean 241 WAGM-001 Bare Land 510 17,000,000 100 510 17,000,000 Nil 17,000,000
Tema Manhean 244 WAGM-002 Bare Land 635 21,166,667 2 13 423,33 Nil 423,333
Tema Manhean 240 WAGM-003 Bare Land 510 17,000,000 98 500 16,660,00 Nil 16,660,000
Tema Manhean 243 WAGM-004 Bare Land 510 17,000,000 27 138 4,590,000 Nil 4,590,000
Tema Manhean 239 WAGM-005 Bare Land 510 17,000,000 57 291 9,690,000 Nil 9,690,000
Tema Manhean 242 WAGM-006 Bare Land 635 21,166,667 50 318 10,583,333 Nil 10,583,333
Tema Manhean 239A WAGM-007 Bare Land 635 21,166,667 17 108 3,598,333 Nil 3,598,333
Tema Manhean 197A NAGM-008 Bare Land 635 21,166,667 70 445 14,816,667 Nil 14,816,667
Tema Manhean 197 NAGM-009 Bare Land 635 21,166,667 50 318 10,583,333 Nil 10,583,333
Tema Manhean 196 NAGM-010 Bare Land 635 21,166,667 40 254 8,466,667 Nil 8,466,667
Tema Manhean 206 NAGM-011 Bare Land 635 21,166,667 2 13 423,333 Nil 423,333
Tema Manhean 205 WAGM-012 Bare Land 635 21,166,667 11 70 2,328,333 Nil 2,328,333
Tema Manhean 204A WAGM-013 Bare Land 635 21,166,667 47 298 9,948,333 Nil 9,948,333
Tema Manhean 204 WAGM-015 Bare Land 635 21,166,667 70 445 14,816,667 Nil 14,816,667
Tema Manhean 211 WAGM-016 Bare Land 635 21,166,667 8 51 1,693,333 Nil 1,693,333
Tema Manhean 203 NAGM-017 Bare Land 635 21,166,667 90 572 19,050,000 Nil 19,050,000
Tema Manhean 210 NAGM-018 Bare Land 635 21,166,667 20 127 4,233,333 Nil 4,233,333
Tema Manhean 202 NAGM-019 Bare Land 635 21,166,667 90 572 19,050,000 Nil 19,050,000
Tema Manhean 209 NAGM-020 Bare Land 953 31,766,667 70 667 22,236,667 Nil 22,236,667
Tema Manhean 201 WAGM-021 Bare Land 635 21,166,667 60 381 12,700,000 Nil 12,700,000
Tema Manhean 200 WAGM-022 Bare Land 635 21,166,667 45 286 9,525,00 Nil 9,525,000
*AII names have been removed from this document to protect confidentiality.
Table 2: Crop Values
O w ''.fi; , -L - - Land C ,- , C om n -
lI s '-i- .parcI r ,, - - -ri- . - _ .s Taken -NotProd. Market Value satlon "Payment
L-a 1^@ {> l~~~~i- "SS*| [ %-'9s0 XF-;s+. '> - ~ ;i2 C st-f E wlo
Tema Manhean WAGM001 51 M 4 , _ 510 42,210.00 023417.00 Yes Cash
Tema Manhean WAGM-002 50 M '4 ____ 2330 ,1.440,406.00 4307,696.00 .Yes Cash
Tema Manhean WAGM M003 52 M '4 306 191,556.00 572,870.00 Yes Cash
Tema Manhean WAGM M004 55 M '4 :___ 315 236,574.00 707,501.00 Yes Cash
Tema Manhean WAGM M005 45 M '4 : , :_ 525 274,527 .00 B21 ,004.00 Yes Cash
Tema Manhean WAGM-006 55 ;M '4 __ __ 840 p93,500.00 1,512,353.00 Yes Cash
Tema Man hean WAG M-007 : 39 F '4, 1 0472 7,675, 976.00 .22,955,867.00 Yes Cash
Tema Man hean WAG M-008 40 M '4 ___ 1 323 969,759.00 2,900,1 73.00 Yes Cash
Tema Manhean WAGM-009 - 29 M '4 _1763 1,185,618.00 3,545,722.00 Yes .Cash
Tema Manhean WAGM-012 45 M '4 .440 185,900.00 555,955.00 Yes Cash
i T~~ema Manhean WAGM-013 _ M '4 ___ __ 308 ,139,524.00 417,262.00 Yes Cash
Tema Manhean WAGM-015 40 M '4 900 622,800.00 1,862,553.00 Yes Cash
Tema Manhean WAGM-016 45 M '4 ________ ___ 900 59,000.00 1,296.61 5.00 Yes Cash
Tema Manhean WAGM-024 3c M '4_______ 702 .162,162.00 811,694.00 No Cash
Tema Manhean WAGM-025 ._____ __ '4______ 900 59,000.00 1,641,846.00 No Cash
*AII names have been removed from this docum ent to p rotect coanfidentia lity.