RP1312 v2 FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA ETHIOPIAN ROADS AUTHORITY Consultancy Services for Detail Engineering Design And Tender Document Preparation of Mizan-Dima-Boma Road Project UPDATED RESETTLEMENT ACTION PLAN REPORT MIZAN-DIMA:CONTRACT-1 HIGHWAY ENGINEERS & CONSULTANTS (HEC) PLC 251- 113- 113- TEL. 251-113-200284 FAX. 113-201756 E-MAIL: hec@ethionet.et P.O. BOX 6951, ADDIS ABABA MARCH 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table of Contents                                                                                                   Page  ANNEXTURE ........................................................................................................................................... ii  ABBREVIATIONS ................................................................................................................................iii  Executive Summary ........................................................................................................................... iv  PART I: BASIC INFORMATION ............................................................................................................ 1  PART II: OBJECTIVES ............................................................................................................................ 3  PART III: PROJECT DESCRIPTION AND RATIONALE FOR RAP ...................................................... 6  PART IV: LEGAL AND INSTITUTIONAL ............................................................................................... 9  4.1  Political Economy and Governance in Ethiopia ........................................................ 9  4.2  LEGISLATION AND REGULATION .................................................................................... 11  4.3 Acquisition and Valuation of Land and other Assets ................................................... 17  4.4 Human Right, Compensation and Involuntary Resettlement .................................... 18  4.5 Dispute Resolution and Grievance Mechanisms .......................................................... 19  4.6 Comparison between national law and Bank OP 4.12 ............................................... 20  4.7 Institutional and Administration Framework ................................................................... 21  V.  PUBLIC CONSULTATION AND DISCLOSURE PLAN .......................................................... 25  5.1  Consultation with Community Representatives........................................................ 25  5.2  Key Persons Interview ..................................................................................................... 29  5.3  Consultation with Local Administration ..................................................................... 29  5.4  Mitigation Measures Proposed by the Consulted Community Group ............... 29  5.5  Community Participation ................................................................................................ 30  VI.  THE RAP DISCLOSURE ............................................................................................................ 31  VII.  ENTITLEMENTS MATRIX AND ELIGIBLE PARTIES ................................................................ 32  VIII.  DESCRIPTION OF BASELINE CONDITION OF THE PROJECT AREA ............................... 36  8.1  Socio-Economic Environment ....................................................................................... 36  8.2  Demography, Ethnicity and Religion ........................................................................... 36  8.3  Economic Activities .......................................................................................................... 37  8.4  Social and Economic services ...................................................................................... 39  8.5  Socio-Economic Profile of the Project Affected Persons ...................................... 40  i Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 8.6  Socio Economic Implication .......................................................................................... 41  9. POTENTIAL IMPACTS AND MITIGATION MEASURES ............................................................... 42  9.1  OVERALL ASSESSMENT ..................................................................................................... 42  9.2  Positive impacts of the proposed road project ........................................................ 43  9.3  Adverse impacts of the proposed Road Project ...................................................... 45  IX.  RAP IMPLEMENTATION COST ANALYSIS AND BUDGET ................................................. 52  X.  ENVIRONMENTAL PROTECTION & MANAGEMENT ............................................................. 63  XII.  DESCRIPTION OF ORGANIZATIONAL RESPONSIBILITIES ................................................ 65  XIII.  DESCRIPTION OF PROVISIONS FOR REDRESS AND GRIEVANCES ............................... 67  XIV COMPENSATION IMPLEMENTATION SCHEDULE ............................................................ 69  XV.  FRAMEWORK FOR MONITORING AND EVALUATION .................................................... 71  XVI.  CONCLUSIONS ....................................................................................................................... 74  References: ............................................................................................................................................ 75  ANNEXTURE ANNEX 1: World Bank Resettlement Policy Framework (RPF) ANNEX 2: Glossary of Terms ANNEX 3: Relevant Laws Annex 5: Survey Questionnaires ANNEX 6: Minutes of Meetings on Different Project area ANNEX 7: List of Affected persons, Institutions and their Properties ANNEX 8: Photo of type of properties to be affected ANNEX 9: Photo of Public Consultation ANNEX 10: Unit Price Rate of the different Assets ANNEX 11: Land Acquisition Plan ANNEX 12: Response for the comments ii Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report ABBREVIATIONS AAOV Annual Average Output Value ADLI Agriculture Development Lead Industrialization CBO Community Based Organization CSA Central Statistical Authority CSE Conservation Strategy of Ethiopia EEPCO Ethiopian Electric and Power Corporation ESMT Environmental and Social Management Team EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment FDRE Federal Democratic Republic of Ethiopia FGD Focus Group Discussion FHH Female Headed Households GRC Grievance Redress Committee GCRC Gross Current Replacement Cost HIV/AIDS Human Immune Virus / Acquired Immune Deficiency Syndrome Ha Hectare HHs Households IAPs Interested and affected parties IMU Independent Monitoring Unit KEBELE: Smallest Administrative Unit (Ethiopia) MoFED Ministry of Finance and Economic Development NGO Non Governmental Organization PAPs Project Affected Persons OP Operational Policy of the World Bank RAP Resettlement Action Plan RP Resettlement Program me RPF Resettlement Policy Framework RoW Right of Way SEIA Social and Environmental Impact Assessment TOR Terms of Reference WOREDA District Level Government Administrative Division iii Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Executive Summary BACKGROUND The total length of the project road is about 91.6 km. The total road length falls in the Southern National Regional State and Gambela National Regional State. The socio-economic features along the proposed road alignment are briefly described below based on information obtained through field surveys, consultations with key informants and review of the previous study The Project road is located in the Southern National Regional State and Gambela National Regional State. The Project starts at Mizan Teferi town on Mizan – Jima Road. Mizan is located 875km from Addis Ababa. At present there is only one alternative to reach Mizan, through Jima-Mizan Road. The road with a distance of 91.6 km passes through several towns and villages of Aman, Guraferda, Kuja and Dima. The road has a wider geographical area in which the road could lead to new or expanded interaction in economic activity and associated transport movement as a result of changes in the rode network. This area effectively encompasses most of the Western Oromiya Region and Eastern Southern Regional National States. In addition, the road has regional influence in terms of connecting Debub Bench zone from West and South West parts of the Gambela and Oromiya from to Mizan towns. The road also forms part of the long distance links to Addis Ababa – Southern Regional National State through Debub Bench zone. It is seen as one of Regional important road links. Though the recent maintenance has improved the road quality on certain sections, the traffic volume is increasing, causing constraints for agricultural products movement and reducing the level of service offered by the road. SCOPE OF THE RAP STUDY The scope of this RAP study is limited to assess potential, positive as well as adverse impacts of the project road within the direct and indirect influence areas and to propose mitigation measures for adverse impacts. The project direct influence areas include road right of way, quarry sites, and borrow areas, construction campsites, nearby water sources, waste disposal sites and communities residing within 30 meters of RoW. The study in towns consider 20 meters RoW to minimize the social impacts specially damages of infrastructures, since it is found that towns along the roads are reside within 30 meters of RoW. iv Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report METHODOLOGY Documents on relevant policies, guidelines and legislations were reviewed primarily to describe the relevant policies and legislative framework within which the socio- environmental assessment is undertaken. Then, relevant data and information were collected from regional, zonal and wereda level Government Organizations that are involved in public administration and development activities in the project area Formal structured interviews as well as informal discussions with the local people, project affected individuals and officials were held in different wereda and kebele level along the roads to obtain their ideas about the proposed project. PUBLIC CONSULTATIONS The study team has consulted the project area wereda administration (Debub Bench Zone, Mizan Town Administration and Guraferda Wereda) and project affected persons to grasp their views on the project road. The consulted people and the Wereda officials noted that the construction of the project road is one of the key development issues of the area. All of them believed that the realization of the proposed road construction will improve the socio-economic development of the areas. They stressed that the realization of the project road will create easy access to the federal city and other regional towns through regular access of public transport and truck transport. During the consultation, the local Administration officials promised:  To provide as much as possible replacement land for the relocation of affected persons if any;  To keep the ROW and prevent people not to build any houses in the designated ROW width;  To deliver all necessary support to the project affected persons during the relocation and compensation processes. POPULATION AND SETTLEMENT PATTERN At present the project area (Mizan -Aman, Guraferda and Mizan) has a population of about 77,751; of which 53% are urban and 47% are rural and the average household size is about 5. The settlement pattern of the Wereda population is dispersed. The population densities vary from 14 person/km2 in Guraferda Wereda to 11 person/km2 in Gambela Wereda. The project area is sparsely populated area with large part is uncultivated land. There are a number of towns traversed by the project road. On the average towns have a population growth rate of 3% per year. Mizan Teferi town at the beginning few v Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report section of the road are characterized by a high density area while other towns like Guraferda and Dima are low density area of the country and the region. The population growth rate of the region is 2.9 % per annum with an average population density of 127 per sq.km; however, in the zones traversed by the project road the population density is higher: 14 per sq.km in Bench Maji zone and 11 Dima/Gambela. These densities are very low than the national and regional average. (Regional Statistical Abstract, June, 2006). The average family size in the project area is 5. Ethnicity, Religion and Language The major ethnicity of the PAPs is Bench, Amhara and Oromo with few other ethnic communities. The major religious affiliations are Islam, Orthodox and Protestant. MAIN ECONOMIC ACTIVITIES The major economic activity in the study area is agriculture particularly for the rural population where subsistence farming is the dominant means of earning a living. The major economic activity for urban residents is trading. There are large uncultivated lands in the area and low farming densities and as a result farm holding per head is high and reported to be 2-3 hectares per head. Although there is some similarity in economic activity between the Woredas, there are also differences resulting from the ecological variation in the area. The economic activities prevailing in each Woreda are discussed below. Some of the project Woredas is known in coffee production. These are Gurafera, Debub Bench and Bero Woredas. In Guraferda Woreda there is Bebeka coffee plantation undertaken by the government. Private investors started coffee plantation on 2468 hectares of land in Guraferda Woreda. Besides, the farmers produce coffee in Debub Bench and Bero Woredas. Generally, coffee was planted on more than 1238 hectares of land and 368,460 quintals of yield was harvested in fiscal year 2007. PROJECT IMPACTS Positive Both beneficiary and adverse socio-environmental impacts are anticipated from the upgrading road project. The major beneficiary impacts are reduction of existing dust problem and associated health impacts, reduction of travel time and transportation cost, increase of access to transportation and opportunity of job creation for the skilled and unskilled local people along the road route and contribution for the overall economic growth of the country. vi Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Adverse Impacts The Road mainly involves upgrading to Asphalt Concrete from Mizan to Dima. Its overall impact on physical environment is moderate. However, due to the development of towns and settlements close to the existing road, there will be impact on social environment. Few houses are already constructed with in 30 m of road right of way at different stretches of the road. Residential houses will be affected. It is estimated totally 340 houses are affected due to the project for different reasons. Detail is included in the table below. Other impacts include loss of farm and grazing lands, destruction of natural vegetation situated within the 30 m ROW and lose of road side eucalyptus plantation in most of the road adjacent. To overcome or minimize the identified adverse impacts and other possible negative impacts, appropriate mitigation measures are proposed. MAIN FINDINGS: Briefly the following indicates main findings and impacts of the road construction.  Road Length: 91.6 km  Status of the road: DS4  Road Functional Classification: (link)  Proposed Surface type: Asphalt concrete  Total Affected Persons: 2,150  The width of the road is 10m in rural section and12-19m in urban section.  The maximum grade in this road project is 12% vii Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Description Impacts in Quantity Number of households who lose house fully 73 Number of households who lose house partially 267 Private fences affected in meters 7,775 Number of institutional buildings affected fully No Number of institutional buildings affected partially 2 Number of institutional fences in meters No Loss of agricultural lands permanently in hectares, of 210 which 73.6 ha coffee farm. Loss of agricultural lands temporarily in hectares, of 34.8 which 18.8 ha coffee farm(out of RoW) Number of households who lose strips of lands in RoW 16 Loss of tress in Number 1168 Number of households who lose tress 74 Loss of fruit trees No Loss of telephone poles affected in Number No Loss of Electric poles line affected in Number 1,154 Water pipe affected (diameter and total length) No Total number of project affected persons 2150* *74+16+340 =430x5= 2150 Cut-off date The cut-off date for compensation eligibility was set, September 30, 2011 when the asset inventory and census secondly have been completed. Cultivating land, constructing buildings or settlements in project affected areas (in ROW) after the cut- off date will not be eligible for compensation or subsidies. Compensation will also not be paid for any structures erected, or crops and trees planted purely for the purposes of gaining additional compensation. viii Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report RAP BUDGET The overall socio-environmental impact mitigations and compensation cost is estimated to be 123,479,587 birr and it is covered by the government of the Federal Democratic Republic of Ethiopia, through ERA. Items for Compensation Unit Quantity Total Cost of Compensation (Birr) Compensation for loss of dwellings number 338 30,713,635 Compensation for loss of institutional Number 2 704,599 buildings Residential fences meters 7575 377,850 Compensation for loss of farm (crops & Hectares 240 57,317,200 Coffee) lands with RoW Compensation for loss of farmlands out of    34.8 3,282,000 RoW Permanent loss of Eucalyptus trees number 1,168 115,914 Relocation cost for Tele poles Number - Relocation cost for Electric poles Number 1154 173,100 Training for administration and RAP Lump    250,000 implementation sum HIV/AIDS Prevention Lump    500,000 sum Assistance to Vulnerable groups 500,000 Budget for RIC Lump 300,000 sum Environmental monitoring and evaluation    500,000 cost Administration    250,000 Sub-total 94,984,298 Contingency (30%)    28495289.4 Grand Total    123,479,587 ix Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report PART I: BASIC INFORMATION 1. Country, Project Name: Ethiopia, Mizan -Dima Upgrading Road Project 2. Project development Objectives: The development objective of the project is to improve the road network of the country and community along the road. The construction of the project road is expected to improve the socio economic situation, and bring important changes in the livelihood of the populations that are crossed by the project. It could also contribute to the growth and development of trade and urban centers, improvement of crop and livestock production and its marketing network. 3. Project outcome: Briefly the outcome:  Construction of 91.6 km length Paved Road  Connecting 3 weredas of Mizan Aman, Guraferda in Southern Regional National States and one wereda of Dima in Gambela Regional National States and more than 5-6 small towns and 30-40 kebeles, in both weredas  Reduce vehicles driving time or travel time to all towns and werdas along the project road 4. Expected Project Benefit The Project is expected to have the following socio-economic benefits: (i) reduced Vehicles Operation Costs and travel times for traffic using the road corridor; (ii) the removal of constraints to economic growth (especially agricultural production) in the project area resulting from the poor condition of the existing road; (iii) improved environmental conditions (iv) increased jobs in townships crossed by the road. In addition, the improvements of the road network are expected to lead to the following benefits to communities: (i) reduced transport and agricultural input costs; (ii) increased opportunities for cash cropping; (iii) increased non-agricultural employment activity; (iv) improved access to markets, schools and health facilities. All the above will contribute to improving the standard of living of the poor and impact favorably  On women and ethnic minorities living in the Project Area  Connecting 4 weredas of Mizan Aman, Guraferda and Dima and more than 5-6 small towns and 30-40 kebeles, in both weredas 1 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Integrating market through better link and opportunity to diversify the highlands and low land crops and connecting major markets towns of Dima and Mizan up to Gambela.  The road will solve administrative and security problems as government officials will have easy access to the area.  It improves also the problem related to civil workers, as they are usually reluctant and complain to work in the area where better road network is lacking.  Development for physical and social infrastructure (road, telecommunication, electricity, water supply, health, education, etc.) in the project area is at a very low level. Therefore, the population in the area is living in a situation where lacks these basic facilities. Thus, the implementation of the road will minimize these problems and promote the expansion of these infrastructures.  It will increase non-agricultural employment opportunities. Thus, the proposed road will accelerate the highway network in the country and southwest parts of the country in particular, supporting Region Development Strategy of the country through improving transport conditions, facilitating the exploitation of agricultural and natural resources. This will contribute to poverty alleviation and promotion of the welfare of minority nationalities in the project area. 5. Identified Project Social Risk The major potential risks include the following, but not limited:  Loss of productive lands under various uses due to land acquisition for the road right-of-way, establishment of campsites and material processing and storage sites;  Increased risks of communicable diseases including HIV/AIDS; and STDS  Increased risks of accidents to the local communities and their animals during the construction period.  Water pollution resulted from disturbance of water courses during construction of culverts and bridges, enhanced soil erosion,  Loss of naturally growing (indigenous) trees as well as planted trees due to land acquisition for the activities mentioned above;  Disruption of utility services such as power transmission lines;  Disruption of movements of people and animals due to increased traffic volume and speed; 2 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report PART II: OBJECTIVES 2.1 Objective of Resettlement Action Plan (RAP) The objectives of the Resettlement Action Plan (RAP) are to:  Establish the Mizan-Dima Road Project resettlement and compensation principles and implementation arrangements;  Describe the legal and institutional framework underlying Ethiopian approaches for resettlement, compensation and rehabilitation;  Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements;  Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and  Provide procedures for filing grievances and resolving disputes. The RAP will apply to all sub-projects/activities to be identified/areas to be demarcated. The procedures will be carried out throughout preparation and implementation, and impacts of any potential resettlement will be included in monitoring and evaluation (M&E). When a Resettlement Action Plan (RAP) is required, it will be prepared in accordance with guidance provided in this Resettlement Policy Framework RPF of The Bank, including Detailed Measurement Surveys, Identification (Census) of PAPs/displaced persons, and Public Consultation and Disclosure Procedures (PCDP). The RPF follows the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP4.12), as described in Annex 1. The RAP ensures that any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures, in particular, against potential impoverishment risks. These risks can be minimized by:  Avoiding displacement of people without a well designed compensation and relocation process;  Minimizing the number of PAPs, to the extent possible;  Compensating for losses incurred and displaced incomes and livelihoods; and  Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs livelihoods and their well being. 2.2 Methodology The methodology applied for acquiring data and information necessary for the socio-economic impact analysis of the project includes the following: 3 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report a) Field Visit A field assessment was carried out and an overall social feature along the project route is investigated. The whole length of the project road corridor was assessed through observations and interviews of local informants. The field visit was done twice during the inception phase and the feasibility phase for the detail survey of the impacts and to inventories all the assets to be affected and for consultation with relevant stakeholders of the project. b) Data collection Survey instruments; various survey instruments such as household questionnaires, land acquisition registration forms, checklists on public consultations, secondary data collection sheets, and others were developed prior to commencement of data collection; Secondary Sources: Previous study reports of the road, EIA and socio-economic studies of the road, and other relevant documents were reviewed. Reviews of information useful for the socio-environmental assessments, pertinent policies and guidelines have been reviewed to get relevant data and policy issues. Primary sources: To obtain first hand information about the socio-economic situation of the study area, impacts both human and physical, and attitude of the community a field visit was carried out and necessary observations and data collection has been made using survey questionnaire (attached) with help of local survey assistants over the entire road length. c) Public consultation Local administration of both at wereda and kebele level, key persons and some of the stakeholders were consulted. Furthermore, house to house interviewing and consultation of PAPs. The main objective of the consultation was to create awareness about the proposed road project among the community and stakeholders, to get attitude of the PAPs about their lost assets, to obtain background information relevant to socio-economic impact assessment and to understand the attitude of the local community towards the proposed project. The public consultation was carried out in different areas at different times mostly with groups and to some extent with key persons. Public consultation is one of the significant tools for the success of development projects like road projects. At this level the reasons for public consultation include:  To disseminate information among the community and stakeholders.  To recognize the attitude of the community towards the project. 4 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  To understand the local community’s practical experience in similar or other projects.  To anticipate possible solutions for the problems related to the project.  To get their suggestion on loss assets With this reasoning consultation was made with community representatives, project affected people, local administrative bodies and key persons. The most important issues, for which the discussions focus, were the damages to be caused and issues of:  Receiving fair compensation  Minimizing land acquisition  Ensuring adequate land allocation and livelihood restoration  Community Representatives Consultation Consultation with community representatives was carried out through group discussion in different areas during the field visit. On the group discussion representatives were briefed about the need for consultation, about the proposed project and the different alternatives. (See photo in Annex 6.1- 2.)  Consultation with Local Administration At Woreda and Kebele level administrators or their representatives were consulted and informed about the proposed project. Finally, the data and documentation collected were reviewed and analyzed, primarily to:  Describe the relevant policies and legislative framework within which the socio-environmental assessment is undertaken.  Describe the existing setting of the road environment in terms of its physical and biological conditions. In the description of the baseline condition, more attention was given for the road corridors of the proposed alternatives.  Identify, analyze and evaluate the potential impacts of the proposed alternative D. Analysis The data and documents collected were reviewed, analyzed and utilized in this document to indicate general existing Socio- economic condition, positive and negative impacts of the road project and feasible mitigation measures were proposed. 5 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report PART III: PROJECT DESCRIPTION AND RATIONALE FOR RAP The Project road is located in the Southern National Regional State and Gambela National Regional State. The Project starts at Mizan Teferi town on Mizan – Jima Road. Mizan is located 875km from Addis Ababa. At present there is only one alternative to reach Mizan, through Jima-Mizan Road. The road with a distance of 91.6 km passes through several towns and villages of Aman, Guraferda, Kuja and Dima. Mizan-Dima Road upgrading project is a project intended to improve the road network of the country and the community along the road. It is found from the discussion made with the local officials and community that it incorporates the felt need of the community existing on different towns along the road, of their social, commercial and public transportation interest which otherwise hinder the development effort of the towns and rural community. Further more the road benefit the neighboring country of South Sudan with creating a link to the community living around. The total length of the project road is about 91.6 km. The majority of the road length falls in the Southern National Regional State while the small part is in Gambela National Regional State. The socio-economic features along the proposed road alignment are briefly described below based on information obtained through field surveys, consultations with key informants and review of the previous study. The road has a wider geographical area in which the road could lead to new or expanded interaction in economic activity and associated transport movement as a result of changes in the rode network. This area effectively encompasses most of the Western Oromiya Region and Eastern Southern Regional National States. In addition, the road has regional influence in terms of connecting Debub Bench zone from West and South West parts of the Gambela and Oromiya from to Mizan towns. The road also forms part of the long distance links to Addis Ababa – Southern Regional National State through Debub Bench zone. It is seen as one of Regional important road links. Though the recent maintenance has improved the road quality on certain sections, the traffic volume is increasing, causing constraints for agricultural products movement and reducing the level of service offered by the road. The right of Way width is taken 30 in rural areas while 15-23 meters width in towns to reduce the impacts in towns. The Right of way further reduces in very densely town area as appropriate to avoid high damages on houses. The land acquisition and resettlement impacts of the projects are not involve resettlement plan mainly for the following reasons:  The project is upgrading the existing lines, Mizan –Dima constructed in the 1980s, to involving affection of land acquisition for the working space and to widen the narrow road spaces in the towns.  This resettlement plan is required since the project affects 73 house holds 6 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report which means at least 365 peoples. Will lose their homes. But not fully relocated People are not required to move to different and new places because firstly in rural areas there are ample spaces within their locality so that they can only move the houses, location to few meters far from the previous residences. Secondly permanently affected houses are not located in one area, but spread across the 91.6 km. Moreover, Impacts on residences will not require livelihood restoration plan since they have access to additional land in their existing compound.  The road width in towns is found on average 12-20 meters, and thus will not involve significant damage, which require resettlement. The opinion received from the different woreda administrators and their representative, gives due consideration. As per their opinion, the envisaged road project will affect houses in the town and both houses and farmlands in the rural. However it is suggested that there is a Federal and Regional compensation draft law which should be considered by them regarding involuntary displacement and damage due to the development activity. It is their opinion that any displacement will be handled as per the existing law and practice. Apart from this there is an experience of involving the project affected persons for consultation in the time of compensation by their own representatives. In all the woredas they confirm that, whenever the damage on houses in towns occurs there is land within the towns under the control of urban administration council which is planned to distribute for new house construction applicant, which could be shared to these incoming project affected people. For this a confirmation letter from the wereda is attached in the Annex 6. Regarding the rural farm land impacts, people could get farm land, since there are ample uncultivated lands alongside the proposed road. Thus, the rural project affected persons could get the land for construction of houses and farm from the uncultivated land which is under the rural kebele administration. They also get ownership certificate, land titling. The different stakeholders including the affected people consulted recommended that the road upgrading project thought it affects residential houses and farm land they have the opinion of high benefit they derived due to the construction of the road expecting fair compensation for their damaged assets. Although land acquisition and resettlement impacts of the projects will occur, there is no scarcity of land as found in the high land parts of the country. However the policies measures and procedures as described in the World Bank policy will be applied to all impacts. The key effects of the project are:  Agricultural Land acquisitions;  Grazing Land acquisitions;  Affected houses and fences due to damage during construction work space. 7 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The projects are not likely to require a full resettlement plan as no displaced people except relocation within their current residence location. However, adequate compensation measures will thus be essential. Above all, with the expected development of the local economy in the project area and neighboring South Sudan, the increase in traffic volumes there will be a continuing need to improve the road. In view of the relatively high traffic volumes upgrading of the road is important. 8 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report PART IV: LEGAL AND INSTITUTIONAL This RAP will apply the laws, legislation, regulations, and local rules governing the use of land and other assets in Ethiopia. This legal and institutional framework is presented in seven sections: (i) Political economy and governance in Ethiopia; (ii) Legislation and Regulation land rights, as defined by Ethiopian law and customary practice; (iii) Acquisition and valuation of land and other assets, including regulations over the buying and selling of these assets; (iv) Human rights, compensation and involuntary resettlement, in particular, the accepted norms influencing peoples’ basic rights to livelihood and social services; (v) Dispute resolution and grievance mechanisms, specifically the legal and institutional arrangements for filing grievances or complaints and how those grievances are addressed through formal and informal systems of dispute resolution; and (vi) Comparison with World Bank OP4.12, using equivalence and acceptability standards;(vii) Institutional and Administrative framework. 4.1 POLITICAL ECONOMY AND GOVERNANCE IN ETHIOPIA 4.1.1 Economic policy Ethiopia embarked on a series of economic reforms in the early 1990's, introducing more liberal economic policies. Amongst the core economic policies adopted were increased privatization instead of the public ownership of economic establishments, the phased liberalization of exchange rates deregulation of prices and foreign trade. This has resulted in increased economic growth and stability in the economy, despite the recurrent drought impacting on agriculture performance, the main stream of the economy. The country's economic policy, was refined in 2002, with formulation of a poverty reduction focused strategy, to incorporate all development programs, including agriculture, education, health, and the road sector development Program. This strategy is focused toward the reduction of poverty in the short term, with the goal of achieving sustained socio-economic development in long term. Central to the national economic policy is the agriculture Development Led Industrialization (ADLI), with the focal strategy of improved productivity in agriculture with the objective of increasing output. The stated objective is that improved performance in agriculture, through a variety of program and strategies, creates growth and development in other industries. The Sustainable Development and Poverty Reduction Strategy (SDPRS), was developed by the government in consultation with major donors and is being implemented, with the backing of development partner. As a result of this, Ethiopia received some debt forgiveness under the highly Indebted Poor Countries (HIPC) conditional ties. 9 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report At present the government has released its medium term strategic framework for the next five-year period. It is known as Growth and Transformation Plan (GTP) 2010/11- 2014/15. The Growth and Transformation Plan has the major objectives : maintain at least an average real GDP growth rate of 11 per cent and meet the Millennium Development goals; expand and ensure the qualities of education and health services thereby achieving the MDGs in the social sectors ; establish favorable conditions for sustainable state building through the creation of stable democratic and developmental state and ensure growth sustainability by realizing all the above objectives within stable macroeconomic framework. 4.1.2 The National Population Policy The national population policy, which was issued in 1993, aims to reduce population growth by reducing the number of children per women from 7.5 to 4.0 by 2015. The policy also recognizes that if economic and social development is to be sustainable it must be compatible with the limits of the existing natural resource base. 4.1.3 Road Sector Development program The Government of Ethiopia formulated a Road Sector Development Program (RSDP), which aimed at contributing to the country's economic development. (World Bank: December 1997). The core focal areas of the program include the following:-  Improving trunk and link regional rural road access and utilization to meet agricultural and other economic development needs;  Building up the institutional capacity in both the public and private sectors for sustainable road development and maintenance; and  Providing economic opportunity for the rural poor through increased employment in rural road works and development of appropriate and affordable means of transport and services. The Road Sector Development Program (RSDP) was formulated as a 10-year program (1997-2007). The first five year of the program (RSDPI), covering the period 1997 to 2007, was officially launched in September 1997, and was completed in June 2002, with recorded physical and financial performance of 88 percent and 77 percent respectively. (ERA: November 2006). According to the Road sector Development Performance Report, the first phase of the Road Sector Development Program (1997 to 2002) focused on the restoration of the road network to acceptable condition. The second phase (2002-2007) aimed at consolidating the achievements of the first phase, while also promoting the expansion, enhancing the connectivity of the network, and hence providing a sustainable road system to rural parts of the country. Up to end of June 2006, a total of 51,437 Kms. of rural roads were constructed upgraded/rehabilitated and maintained, of which 8495 kms were federal roads and 9531 kms newly constructed/maintained, regional roads, and over 33400 kms were community and newly constructed and maintained. 10 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 4.1.4 Regional Policy The regional policies of the Southern National Regional State and Gambele National Regional State are based on the national policy framework considering the regional peculiarities of resources and constraints. The regional policies are not different from the national and emanate from the national framework and targets but take into account the specific regional conditions, potentials and capabilities. 4.2 LEGISLATION AND REGULATION 4.2.1 The Federal Constitution The Constitution of the Federal Democratic Republic of Ethiopia, which entered into force as of August 21st 1995, forms the fundamental basis for enactment of specific legislative instruments governing environmental matters at National level. Articles 43, 44 and 92 of the Constitution specifically deal with the right to development, environmental rights and environmental objectives respectively. In a section that deals with the right to development:  Article 43 (1) gives broad right to the peoples of Ethiopia to improved living standards and to sustainable development;  Article 43 (2) acknowledges the rights of the people to be consulted with respect to policies and projects affecting their community;  Article 43 (3) requires all international agreements and relations by the State to protect and ensure Ethiopia’s right to sustainable development. In a section that deals with environmental rights, Article 44 guarantees the right to a clean and healthy environment. In a section that deals with environmental objectives Article 92 sets out the Federal policy principles and significant environmental objectives. More specifically Article 92:  affirms the commitment of the Government to endeavour to ensure that all Ethiopians live in a clean and healthy environment;  warns that the design and implementation of development programs and projects do not damage or destroy the environment;  guarantees the right of the people to full consultation and the expression of views in the planning and implementation of environmental policies on projects that affect them; and  imposes the duty on Government and citizens to protect the environment. 11 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report In the context of land ownership and holding right:  Article 40 (3) vests the right to ownership of rural and urban land, as well as of all natural resources, in the government and in the peoples of Ethiopia; recognizes land as a common property of the Nations, Nationalities of, and peoples of Ethiopia and prohibits sale or any other exchange of land;  Article 40 (4) guarantees the right of farmers to obtain land without payment and the protection against eviction from their possession; and  Article 40 (5) guarantees the right of pastoralists to free land for grazing and cultivation as well as the right not to be displaced from their own lands. In recognition of the value of human input on land Article 40 (7) states that “Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labor or capital. This right shall include the right to alienate, to bequeath and where the right to use expires, to remove his property, transfers his title, or claim compensation for it.� In recognition of the right to acquire property for the purpose of overriding national interest Article 40 (7) empowers the Government to expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of the property. In a section that deals with economic, social and cultural rights, Article 41 (9) sets out the State responsibilities to protect and preserve historical and cultural legacies: The Research and Conservation of Cultural Heritage Proclamation No. 209/2000 of Ethiopia defines cultural heritage broadly as “anything tangible or intangible which is the product of creativity and labor of man in the pre-history and history times, that describes and witnesses to the evolution of nature and which has a major value in its scientific, historical, cultural, artistic and handcraft content.� Prior approval of the Authority for Research and Conservation of Cultural Heritage is required to remove from its original site of an immovable cultural heritage (Art. 21/1). Whenever registered, movable cultural heritage is encountered during the execution of the project it is possible to remove such property by notifying the Authority in advance (Art. 21/2). Any person who destroys or damages cultural heritage intentionally shall be punished with imprisonment not less than 10 years and not exceeding 20 years (Art. 45/2/). 4.2.2 Legislation on Expropriation of Land & Compensation The Federal Legislation on Expropriation of Land for Public Purposes & Compensation (Proclamation, No. 455/2005) repealed the outdated provisions of the Ethiopian Civil Code of 1960 regulating land acquisition and compensation for the purpose of 12 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report public projects. This new legislation established detailed procedures and setting time limits within which land could be acquired after request is received from the proponent, principles for assessment of compensation for properties on the land, and for displacement compensation. It also empowered the Woreda administration to establish valuation committees to value private properties. In the case of public- owned infrastructures to be removed from the right-of-way, the owners of the structures would assess the value of the properties to be removed. Additionally the legislation provided for appeals from valuation decisions but such action would not delay transfer of possession of land to the proponent or contractor appointed by the proponent. The Proclamation has removed the barriers for planned land acquisition, substantially raised the amount of compensation payable to expropriated owners of properties and displaced people. In addition to financial compensation in an amount sufficient to reinstate the displaced people to the economic position prior to displacement the relevant Regional administration is required to give another land to any person who lost his land in favor of public project. Assessments of compensation do not include the value of land itself, because land is a public property not subject to sale in Ethiopia. The responsibility of a proponent of a proposed project under Ethiopian law does not extend beyond the payment of compensation for properties and displacement. In other words the displaced people need to seek resettlement options that are stipulated with the framework of the land administration systems of the relevant rural or urban land administration. According to this proclamation, (Proclamation, No. 455/2005), part two, article 3, number 1 it states that, “A Wereda or urban administration shall, upon payment in advance payment of compensation in accordance with this proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by appropriate higher regional or federal government organs for the same purpose� A land holder whose land has been expropriated for public use by the concerned government authorities is entitled for compensation. Part two; Article 7, No.1 of the proclamation states that: “A land holder whose holding has been expropriated shall be entitled to payment for compensation for his property situated on the land for permanent improvements he made to such land�. In May 18th 2007 there has been issued regulation No. 135/20087 for the application of 455/205 with the purpose of paying compensation and to assist displaced persons to restore their livelihood. The regulation states the type of “Formula� to be used in valuing compensation for properties expropriated for public interest. 13 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 4.2.3. Proclamation on Rural Land Administration and Land Use This Proclamation, Proc. No. 456/2005, came into effect in July 2005. The objective of the Proclamation is to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure. The MoARD is charged with executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law. According the Proclamation where land, which has already been registered, is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc. 4.2.4 The Ethiopian Roads Authority’s Resettlement Policy The resettlement / rehabilitation policy framework was issued in February 2002 and has been implemented since then. The overall objective of the policy framework is to clarify the principles of social impact operations. The operational objective of the framework is to provide guidelines to stakeholders participating in the rehabilitation/resettlement operations in order to ensure that project-affected-persons (PAPs) will not be impoverished by the adverse social impact of the projects. The basic principles imply that PAPs should be:  Compensated for loss of assets at replacement cost.  Given the opportunities to share project benefit.  Be assisted in case of relocation or resettlement. The focus should be on restoring the income earning capacity of the project- affected-persons. The aim should be to improve or at least sustain living conditions prior to project operation or resettlement. The legal framework in general deals with operational procedures, legal framework for expropriation and compensation, institutional framework, socio-economic background of PAPs, social impacts of the road rehabilitation program, valuation procedures, consultation and participation procedure, and monitoring and evaluation arrangements. 14 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report In light of the above national legal framework, The Federal Democratic Republic of Ethiopia committed itself to abide the involuntary resettlement policy of the international financial institution law like The World Bank and other institutions. The national resettlement law is related to World Bank Operational Directive (OP) 4.12 on involuntary resettlement and its operational policy. The Federal Government of Ethiopia is complying with the requirements of World Bank’s operational directives (OP) 4.12 in the implementation of this and other similar road project. 4.2.5 THE WORLD BANK, ADB and other Donors Resettlement Policy 4.2.5.1 The Bank Operational Directive (OP) 4.12 This directive describes  Bank policy and procedures on involuntary resettlement, as well as the conditions that borrowers are expected to meet in operation involving involuntary resettlement  Planning and financing resettlement components or free-standing projects are an integral part of preparation for projects that cause involuntary displacement.  Any operation that involves land acquisition or is a category A or B project resettlement requirements early in the project cycle (para,20) Development projects that displaced people involuntarily generally give rise to serve economic, social, and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for recourses greater; community structures and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority ,and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The World Bank’s requirements regarding involuntary resettlement are detailed in Operational Directive 4.12. The directive outlines the following principles:  Acquisition of land and other assets, and resettlement of people will be minimized as much as possible by identifying possible alternative project designs, and appropriate social, economic, operational and engineering solutions that have the least impact on populations in the Project area.  The populations affected by the Project are defined as those who may stand to lose, as a consequence of the Project, all or part of their physical and non-physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning 15 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning.  All PAPs who will be identified in the project impacted areas as of the date of the updated census and inventory of losses, will be entitled to be compensated for their lost assets, incomes and businesses at full replacement cost and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels.  All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. The rehabilitation measures to be provided are:  cash compensation for houses and other structures at replacement cost of materials and labor without deduction for depreciation or salvageable materials;  full title to replacement agricultural land for land of equal productive capacity acceptable to the PAP;  full title to replacement residential and commercial land of equal size acceptable to the AP or, at the informed decision of the PAP, cash for replacement land at replacement cost at current market value;  cash compensation for crops and trees at current market value; and  Relocation allowances and rehabilitation assistance.  Sufficient time will be allowed for replacement structures to be built before construction begins  Temporarily affected land from the construction of access routes or earth-moving activities will be restored to pre-project conditions  The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place and all encumbrances removed before the respective Governments and World Bank will approve commencement of civil works for that contract area  Existing cultural and religious practices shall be respected and, to the maximum extent practical, preserved.  Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period  Special measures shall be incorporated in the RAP and complementary mitigation and enhancement activities to protect socially and economically vulnerable groups such as women-headed families, children and elderly people without support structures and people living in extreme poverty 16 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Grievance procedures shall be established and in place and PAPs informed of them before any resettlement activities begin.  Details of the RAP shall be distributed to the PAPs by the Client and placed in relevant stakeholder offices for the reference of PAPs as well any interested groups.  Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system and an external monitor hired before commencement of any resettlement activities. 4.3 Acquisition and Valuation of Land and other Assets Land valuations are often done at the woreda and urban administration levels. These local government units establish valuation committees to value private properties (Proclamation No. 455/2005). In the case of publicly owned infrastructure with a designated right-of-way (ROW), the owners of the structures within the ROW would assess the value of properties to be removed. However, the law does not take into account depreciation values. The landholder is entitled to be compensated for the property on the basis of replacement. Permanent improvements to the land, equal to the value of capital and labor expended (Proclamation No. 455/2005 Article 7), are specified as valid basis for determining replacement value. Where property is on urban land, the law specifies that compensation “may not be less than constructing a single room in low cost house as per the region in which it is located.� It is also required that the cost of removal, transportation, and erection be paid as compensation for a relocated property, continuing its service as before. Compensation will also be based on current cost, cost of demolishing, lifting, and reinstalling. Valuation formulae are to be provided by regulations (Proclamation No. 455/2005 Article 7). Assets will be broken down into components to assess value (Directive No. 135/2007). Components for building costs include cost per square meter. Crops are subdivided into crops and perennial crops, and calculated based on yield per square meter of land multiplied by price per kilogram. Trees could be cut and used by owner plus payment of compensation for loss of continued income. The cost of machinery, labor for improvement, and any infrastructure as part of the improvement will be compensated based on current costs. Property relocation is based on the cost to relocate property given that it is not damaged while being moved. The amount of compensation for loss of land that is used for grazing or production of grass is based on the area of land and the current price per square meter. (Note: more detailed instructions for compensation are included within Directive No. 135/2007.) Further, assets will be classified as movable and immovable. For movable assets, compensation will be paid for inconvenience and other transition costs (Proclamation No. 455/2005 Article 7(2)). Urban immovable assets include residential houses, business installations, institutional structures, stores, fences and public service providing installation. In rural areas, they include seasonal crops, perennial fruit trees, timber trees and other cash crops. For losses that cannot be easily valued or compensated in monetary terms (e.g. access to public services, grazing areas, water points, fishing ponds, etc.), an attempt 17 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report will be made to establish access to equivalent and culturally acceptable resources and earning opportunities (Proclamation No. 455/2005 Article 7(2)). In addition to compensation according to Proclamation No. 455/2005 Article 7, a displacement compensation shall be paid equivalent to ten times the average annual income he/she secured during the five years preceding the expropriation of the land (Proclamation No. 455/2005 Article 8(3)). Compensation will be in an amount sufficient to reinstate displaced people to their economic position prior to displacement, the regionally relevant administration is required to give another piece of land to any person who lost his land in favor of a public project (Proclamation No. 455/2005). The assessment of compensation does not include the value of the land itself because land is a public property and not subject to sale in Ethiopia. Those with informal, or undocumented rights, and those without titles or use right (e.g. squatters, encroachers) are eligible for specific assistance. Such assistance recognizes some “typical claim to use rights or even ownership� after occupation of unused or unprotected lands has been established. Informal use-rights are likely to have structures or land improvements that are eligible for compensation, as stated in Proclamation No. 455/2005. In general, valuation of property is to be carried out by a certified private or public institution or private consultants as per the valuation formulae (Proclamation No. 455/2005 Article 9). The committee must be made up of experts with relevant qualifications (Proclamation No. 455/2005 Article 10). This must be not more than 5 experts in rural areas and be designated by the woreda or urban administration. A specialized committee of experts may also be set up separately if required. The local and federal governments have different roles in compensation. The woreda and urban administrations are responsible that compensation is paid and giving rehabilitation support to the extent possible, and maintain data regarding properties removed from expropriated landholdings (Proclamation No. 455/2005 Article 13). The Ministry of Federal Affairs has the power and duty to ensure there is compliance with Proclamation No. 455/2005 at the regional level, to provide technical and capacity building support in implementation at the regional level, and prepare the valuation formulae (Proclamation No. 455/2005 Article 12). 4.4 Human Right, Compensation and Involuntary Resettlement The people of Ethiopia are given the right to improved living standards and sustainable development and the right to be consulted with respected to policies and projects affecting their communities (1995 Constitution Articles 43(1) and 43(2)). Additionally, all international agreements and relations by the State must protect and ensure Ethiopia’s right to sustainable development (1995 Constitution Article 43(3)). Lastly, 1995 Constitution Article 44 guarantees the right to a clean and healthy environment. The 1995 Constitution Article 40(8) provides that “without prejudice to the right to private property, the State may expropriate private property for public use with the prior payment of adequate compensation.� The words “prior� and “adequate� are in line with the Universal Declaration of Human Rights. This manifests rights to citizens 18 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report for basic services and programs, including facilities to guarantee education, health, and housing. Persons who have been displaced or whose livelihoods have been adversely affected by a State program are provided, under the 1995 Constitution Article 44, to some form of compensation for their loss. This includes relocation expenses. The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) states that the right to ownership of rural and urban land, as well as all natural resources, is exclusively vested in the state and in the people of Ethiopia. Article 40 of the Constitution indicates that land is a common property of the nations, nationalities and the people of Ethiopia, and shall not be subjected to sale or to other means of transfer. Resettlement and rehabilitation are recognized civic rights in the Ethiopian legislation. Article 44 of the revised Constitution of 1995 states that all persons who have been displaced or whose livelihoods have been adversely affected by a State Program have the right to commensurate monetary or alternative means of compensation including relocation with adequate state assistance. This compulsory legal principle is also stated in the Constitution of the FDRE. The government shall pay fair compensation for property found on the land but the amount of compensation shall not take into account the value of the land. Hence project plans must include an ‘attractive’ and sustainable resettlement strategy, offering adequate compensation and incentives to the affected population. The main emphasis should be on maintaining an open dialogue with the people, building a trustworthy relationship between the Government agencies and the population and enhancing community participation in any project from the onset of the study up to its implementation. In this respect, Article 43 (2) of the Constitution defines the rights of all Ethiopians to participate in national development and, in particular, to be consulted with respect to policies and projects affecting their community. 4.5 DISPUTE RESOLUTION AND GRIEVANCE MECHANISMS Grievances could be reported to Compensation Committees at the initial stage to be done through local leaders (e.g. Community leaders or local government representatives). If grievances cannot be settled within short time, Kebele Administrations need to officially refer their complaints to their respective Woredas and ERA. Woreda Offices are expected to work with Kebele/Woreda. Compensation Committees has to resolve grievances within short period of time. If this did not work, Woreda Offices have to officially complain to ERA, and ERA has to act jointly with Woreda Administrations and other stakeholders to settle grievances. If misunderstandings and disputes arise between the principal parties (e.g. local government bodies and affected parties) involved in the resettlement and compensation process, the preferred means of settling disputes is through arbitration (Proclamation No. 455/2005). The number and composition of the arbitration tribunal may be determined by the concerned parties. Though Proclamation No. 455/2005 19 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report provides for appeals from valuation decision, such action will not delay the transfer of possession of land to the proponent. A complaint related to the amount of compensation shall be submitted to the regular court having jurisdiction (Proclamation No. 455/2005 Article 11(1)) if the administrative body for handling disputes has not yet been established. Appeals for dispute resolution may be referred to the High Court (Regulation No. 51/2007). The regular court having jurisdiction within the region may also be involved in implementation and compensation of resettlement if the administrative organ to hear land grievances has not yet been established (Proclamation No. 455/2005 Article 11(1)). Similarly, if the land holder is not satisfied with the decision of the compensation grievance review committee, the case may be referred to the High Court (Regulation No. 51/2007). 4.6 COMPARISON BETWEEN NATIONAL LAW AND BANK OP 4.12 There are issues where national law and The Bank law differ in land entitlements definition in relation to the date when land is owned by individuals. Before the cut of date people are having land in the ROW, this raises conflict on compensation, based on the national law and World Bank law. The law relating to land administration in Ethiopia is varied; entitlements for payments of compensation are essentially based on right of ownership. The Bank’s OP 4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal titles if they occupy the land by the cut of date. While OP 4.12 requires that compensation be completed prior to the start of the project, there are no similar timetables set out in Ethiopian laws or regulations. Additionally, there is no provision for relocation assistance, transitional support, or the provision of civic infrastructure under Ethiopian law. Additionally, Ethiopian law does not make any specific accommodation for squatters or illegal settlers, other than recognition of some use-rights, such as when settlers can claim rights to the land. OP 4.12 requires that affected communities be consulted regarding project implementation and resettlement. Affected communities should also receive the opportunity to participate, implement, and monitor resettlement. However, Ethiopian law states that, when it is determined that a right of way must be established, the expropriation rights of the State take precedence, although the Constitution protects the individual’s use-rights. Ethiopian law makes no specific accommodations for potentially vulnerable groups such as women, children, the elderly, ethnic minorities, indigenous people, the landless, and those living under the poverty line. These groups are at highest risk to experience negative effects due to resettlement, and should receive special consideration during the preparation of a resettlement policy framework to assure 20 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report that they can maintain at least the same standard of living after displacement takes place. Finally, there is also no provision in the law that the state should attempt to minimize involuntary resettlement. However, this appears to be implicit in the country’s Constitution. Therefore, as this is a Bank funded project, the principles of OP 4.12 are not negotiable. The Bank’s OP 4.12 must be adhered to. As a result, all the land to be acquired by the governments for this project would be so acquired subject to the laws of Ethiopia and the Bank OP 4.12. Where there is conflict, the Bank OP 4.12 must take precedence. 4.7 INSTITUTIONAL AND ADMINISTRATION FRAMEWORK 4.7.1 Federal and Regional Administration The Federal Democratic Republic of Ethiopia comprises of the Federal States with nine Regional State members. The Federal Government acts from the centre to the regions and localities, and its respective duties and authority including fiscal matters at the different levels (Federal, Regional and Local) have been defined by the Constitution. The duties and responsibilities of the Regional States include planning, directing and developing social and economic programs as well as the administration, development and protection of natural resources of their respective regions. The basic administrative units in each Regional Government are the Woredas, which sub- units are the Kebeles in urban areas and farmers associations in rural areas. Further, based on their authority and responsibilities the regional governments have established sectoral Bureau, Commissions and Authorities. In the project areas, the nearest and the strongest local administration is the Woreda which is a governmental organization that is structured to implement the federal and regional government policy and regulation. The Woreda administration has the responsibility to facilitate and monitor any development activity that is supposed to be undertaken in the area delineated in the woreda boundaries. Such responsibilities are discharged mainly through co-coordinating different offices to run their activities smoothly and effectively. For the day-to-day activities, the highest decision making organ at the Woreda level is the Woreda executive committee, which comprises of the Woreda administrator, vice administrator, chief secretary and others with varying responsibilities. The Woreda executive committee is accountable to the Woreda administration council, which is the elected political arm of the Woreda. Below the Woreda administration, at the grass root community level in both urban and rural areas there are Kebele and sub-Kebele administration for the rural areas. 21 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The Kebele and sub-Kebele administrations are responsible for co-coordinating and organizing the community development activities. There are a number of small villages and small towns in the project area and part of them will require land and houses to be acquired. 4.7.2 Ethiopian Roads Authority The present Ethiopian Roads Authority (ERA) was Ethiopian High Way Authority established in 1951 through proclamation No.63/1963 with responsibilities for the construction, improvement and maintenance of the Country’s road network. The highest body in the management hierarchy is the board.  Environmental And Social Management Team (ESMT) ERA’s Environmental And social Management Team (EMST) was established in under the Planning and Program Division. ESMT major responsibilities are setting and implementing ERA’s environmental guidelines in support of the national level requirements. The EMSB holds the capacity of advisory, co-ordination and supervision aspects that are pertinent to the road environmental impacts and implication assessment as well as co-ordination with the respective ERA district offices.  Legal Division and Right-of-Way (ROW) Branch ERA’s Right-of-Way Branch is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrow pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP).Right-of-Way Branch in liaison with the respective regional/local authorities, Woreda councils, Kebele administrations and community representatives establishes the required compensation for structures, crop, vegetation and others, and effects payments to the PAPs. 22 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report In Ethiopia, local governments implement most aspects of a RAP, as shown in the following: Committee Representatives Woreda Compensation and Resettlement • Woreda Administrator Committee •Woreda Office of Finance and Economic Development • Woreda Officer for Agriculture and Rural Development •Woreda Capacity Building Department • Woreda mobilization office • Representative from local NGO or CBO Municipality Compensation and • Mayor or Town Administrator (Chairperson) Resettlement Committee • Town Engineer/ surveyor • Mobilization officer; • Capacity Building Department • Representative from local NGO or CBO Kebele Compensation and Implementing • Kebele Administrator (Chairperson); Committee (Rural) • Kebele Development Agent (extension worker); • Representative of PAPs; • Village Elder / Leader (rotating position with one Leader representing a number of villages and attending in rotation, depending on the village and affected party being dealt with); • Representative from local NGO or CBO Kebele Compensation Committee (Urban) • Kebele Administrator (Chairperson); • Municipality Engineer; • Representative of PAPs; • Representative from local NGO or CBO The Woreda and Municipal Committees are responsible for:  evaluating progress the projects and determining if a RAP is necessary, establishing kebele level committees;  clarifying the polices to the kebele compensation committees;  establishing standards to unit rates of affected assets and compensation estimates according to the guidelines in the RPF;  coordinating and supervising implementation by kebele compensation committees as stipulated in the RPF and federal and regional guidelines;  ensuring that appropriate compensation procedures are followed; and  overseeing the project’s requirements related to social impacts included resettlement and compensation. 23 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The local Kebele Committees are responsible for:  validating inventories of PAPs and affected assets;  allocating land where required to permanently affected households;  monitoring the disbursement of funds;  guiding and monitoring the implementation of relocation;  coordinating activities between the various organizations involved in relocation;  facilitating conflict resolution and addressing grievances; and providing support and assistance to vulnerable groups. 4.7.3 World Bank and Other Donors The resettlement action plan will be monitored, apprised and evaluated by The World Bank apart from the monitoring and evaluation to be done by the independent monitoring unit. 24 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report V. PUBLIC CONSULTATION AND DISCLOSURE PLAN Information dissemination to, consultation with and participation of APs and involved agencies and stakeholders reduce the potential conflicts, minimize the risk of project delays, and enable the project to design resettlement and rehabilitation as a comprehensive development program to suit the needs and priorities of the APs, thereby maximizing the economic and social benefits of the investment. In light of the above, during the field visits of the project area, major government stakeholders were consulted, and the majority supports the road project. Those people who support the road project justified that the road would increase job opportunities to men and women improve business/economic activity and social prosperity. The road project will provide and make easy access to different places along the road, contribute for easy transportation of agricultural inputs from the regional and federal centers, accessibility of public transport on all times of the year, save time and money. 5.1 CONSULTATION WITH COMMUNITY REPRESENTATIVES The main objective of community consultation is to involve them in the project cycle and to raise the ownership feeling of the community. Consultations were made at two levels. The first one is discussion were made with political leaders, tribal and cultural leaders, formal wereda administration with relevant bureau head mostly with;  Zonal Political Leaders  Traditional leaders at different sites of the project  Elected and Appointed Wereda Administrators  Wereda Land Administration head  Wereda Agriculture Bureau head and  Wereda Women Affairs head The second group discussions were conducted with community of affected people residing alongside the road. In light of this, consultations were made at: 1. At Mizan Tefferi Town 2. At Aman Town 3. At Otawa kebele, Guraferda Wereda 4. Kuja kebele, Guraferda Wereda 5. Biftu kebele, Guraferda Wereda 6. At Koy Kebele, Dima Wereda The discussion was made at two different phases. Phase one: The first one was during inception phase where the study team mobilized for informing the commencement of the project study and the requirements of all stakeholders for participation in the project planning when the potential lands and alternative sites are being considered in designing. The consultation was involved different groups of the community both formal and informal. 25 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Phase two: This stage is RAP study phase. At this stage the consultant made detail consultation having both structured questionnaire with PAPs and open type of checklist to get feedback and opinion of the all PAPs and stakeholders. House to house consultation with each affected individuals was done secondly when in September 2011 asset inventory was conducted. PAPs are consulted about: • Their losses • Rate of compensation • Attitude toward to the project and other relevant issues rose during the Discussions The final version of the PAPs will be submitted by ERA when public disclosure of the RAP carried on, thorough distribution of summaries describing the most important section of the RAP. Public disclosure of the RAP must be made to the affected persons in a form and language that they can understand. This may be in the form of a brochure or leaflet, to be provided to affected persons, in an accessible place. The discussions were participatory and facilitated by the social impact consultant and the discussion points include:  Briefing about the government plan to improve the road  The attitude of the local community towards the proposed project  Anticipated positive impacts of the project on socio-economic life of the community  Their attitude and suggestion about the lost assets  Anticipated adverse impacts of the project on socio-economic life of the community  The requirement of community participation at different stages of project activities  The means to avoid and/or mitigate anticipated adverse impacts of the proposed project  The experience of the local community in similar development projects  Factors to be considered for successful accomplishment of the project. Although the both house to house and the group discussions were held in different areas, very similar opinions were expressed with regard to the points of discussion recorded above. In general the project area communities have a very positive attitude towards the proposed project since the existing road infrastructure has an influence on their socio-economic life. In all level of the discussion the majorities of the community were, aware of the project and highly appreciate the project due to the social and economic benefit it gives. Similar opinion has been observed by Mizan wereda emphasizing reduction in distance and connecting the remote town of Dima, if the road follows the existing alignment. 26 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The stakeholders’ discussion emphasis the possible threats that the road brings about on demolishing of houses and fences in the RoW and permanent loss of the farm and grazing land. It is also the observation of the consultant that, since this route passes partly in intensively farmed alignment its impacts on farm is significant. However, they strongly suggest, the compensation should consider the current high price of construction material cost regarding on the possible damage of houses. Furthermore they suggest that when compensation prepared, different business and market losses due to a change of residence location from high land price area to low land price area. The most important issues, for which all bodies were much concerned about, were the damages to be caused and issues of:  Receiving fair compensation  Minimizing land acquisition Concerning the damages to be caused on private properties particularly buildings and commercial crops, they indicated that the compensation and rehabilitation issues would be easily managed by a committee that would comprise representatives from concerned parties such as the local administration, sector offices, community representatives, etc. In few towns like Mizan Teferi and Aman towns, the compensation of land for affected people is considered to be handled within the places reserved for the residential places of the town master plan study and identified the place to resettle any affected town community at places in such reserved for residential places. The community clearly expressed their attitude towards the proposed project on commercial sex and spread of HIV/AIDS. It is their fear as already started due to the easy transportation system as compared to the previously time when the mobility of the people were constrained. The discussions were mostly concerned on the negative and the positive impacts of the project. The following points reflect the general opinion of the consulted community on various positive and negative aspects of the project. Positive Impact In this regards for instance, the community in Aman Town, the local administrators and Wereda Council members, explains that the advantages of road on connecting 4 weredas of Mizan Aman, Guraferda and Dima and more than 5-6 small towns and 30-40 kebeles, in both weredas. They further explained Market integration of the road by giving better link and opportunity to diversify the highlands and low land crops connecting major markets towns of Dima and Mizan upto Gambela. 27 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Due to the implementation of the road, economic and social development will easily and rapidly be introduced with the result that the life of people living in this region will improve. The following are the expected benefits:  Construction of the road will enhance agricultural development, as the local people will be encouraged to produce more because of the opportunity to have easy access to markets.  The road passes through an area that has high agricultural potential that can attract agricultural investors, particularly engaged in livestock production.  The road will solve administrative and security problems as government officials will have easy access to the area.  The road will create an easy access to an area having a high agricultural and livestock development potential.  It improves also the problem related to civil workers, as they are usually reluctant and complain to work in the area.  Development for physical and social infrastructure (road, telecommunication, electricity, water supply, health, education, etc.) in the project area is at a very low level. Therefore, the population in the area is living in a serious bad situation. Thus, the implementation of the road will minimize these problems and promote the expansion of these infrastructures.  It will reduce travel time to the Zonal town.  The project will reduce vehicle operating cost and will reduce travel time. It will reduce transport and agricultural input cost.  It will increase non-agricultural employment opportunities.  It will improve access to market, health and school facilities.  It will contribute its own role in poverty alleviation since road connects the food secured areas with the in secured ones.  It will facilitate the transport of humanitarian aid particularly to food in secured areas. All the above will contribute to improving the standard of living of the poor and impact favourably on women and ethnic minorities living in the Project Area. Negative Impact Although, the above benefits are expected, there possible threats that the road brings about on demolishing of houses and fences in the RoW and permanent loss of the farm and grazing land. Some of possible negative impacts are:  Loss of farmland on temporary and permanent bases because of possible realignments, detours, quarry sites and access roads and campsites.  Demolishing of housing units including permanent property in residential areas.  Problems related to construction workers who may be cause of adultery, robbery, abuse of resource and cultural distortion.  Accelerated vehicle accidents on human, livestock and property during the construction period.  The increase in mobility of the people increases the number of rural-urban migrants in the newly growing towns along the road.  The increase in mobility of the people will introduce new habits to the towns in the project area. The introduction of harmful practices. 28 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  The implementation of the road will result the spread of commercial sex and HIV/AIDS expansion in the project areas. More transport encourages more people to travel, and HIV can spread further and faster.  Transport can connect areas of high and low prevalence. Implementation of the road and other infrastructure often involves mobility of construction workers, engineers and communities. This brings people into situations, which increase their vulnerability to HIV transmission. However, the negative impacts of HIV/AIDS can be minimized by change people’s behaviour, Change the conditions that affect people’s behaviour and create enabling environment that protect the spread of HIV/AIDS. 5.2 KEY PERSONS INTERVIEW During the study period along the road some key persons were interviewed about the need of the road improvement and its benefit for the local community and socio- economic situation of the study area. All key persons interviewed mentioned that the project is a great need of the local community mainly in terms of socio-economic benefit. The key persons in all study areas stated that there is no cultural practice that conflict with the proposed project activities. 5.3 CONSULTATION WITH LOCAL ADMINISTRATION All the local administrators consulted have reflected the interest of their respective communities. The local administrators consulted confirmed that, from a socio- economic benefit point of view, the project is a high priority issue in their respective communities. It will have considerable benefit for socio-economic development of the surrounding areas and it will solve transportation and communication problems that occur in the absence of continuous maintenance. All the local administrations have indicated that they would play an active role during the construction and operation period of the project. The major roles in which the local administration could participate include:  Co-ordination of the local community to participate as required.  Involvement in the land acquisition process to facilitate the implementation of appropriate mitigation measure.  Assuring the security condition in the respective localities.  Dissemination of information to the local community.  Provision of land for the contractor’s camps. 5.4 MITIGATION MEASURES PROPOSED BY THE CONSULTED COMMUNITY GROUP With regard to mitigation measures, the points that were emphasized by the consulted group include:  Appropriate compensation for project affected persons. 29 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Timely orientation and information to construction workers about the local norms and expectations to be fulfilled.  Promote the local community to participate in project activities with a sense of responsibility.  Give high attention for the roadside trees, particularly for the indigenous wood land trees in the natural coniferous area and in the residential areas. 5.5 COMMUNITY PARTICIPATION With regard to community participation, the community representatives stated that the community is willing to participate in the project activities to facilitate the construction and ensure the project sustainability. This will involves safeguarding the road from damage, constructing social infrastructure and co-operating with the government. Concerning the experience of the community and factors to be considered for successful accomplishment, the participants of group discussions stated:  The community has good experience being involved in development projects, mainly affected persons should be informed for physical and psychological preparation before the commencement of construction.  Priority should be given to local community for employment opportunity.  Community representatives should be included in the committee to be formed for facilitating compensation and reconciliation if any conflict arises between project and the community. 30 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report VI. THE RAP DISCLOSURE The following process will be followed by ERA to disclose the RAP:  ERA will advertise the availability of the RAP at designated places to the public in the electronic media (including ERA’s Web site) and government news papers,  The Federal government of Ethiopia will sent a letter to the World Bank to disclose RAP at info shop.  E.R.A will send copies of the final RAP to immediate stake holders including respective Regional government, zone and Wereda offices.  ERA will place the RAP at designated places and at least through the construction phases. These designated places may include government and non-government institutions along the project road. Public disclosure of the RAP will be carried, thorough distribution of summaries describing the most important section of the RAP. Public disclosure of the draft RAP must be made to the affected persons in a form and language that they can understand. This may be in the form of a brochure or leaflet, to be provided to affected persons, in an accessible place. Furthermore, before project implementation, the RAP consultant and the project director will prepare and conduct an information dissemination program in the project area.  To inform and explain the entitlement regulations and various options to the affected people prior to financial assistance;  To make public consultations and awareness creation for local community members about relocations/rehabilitation;  To minimize counter rumors and prevent unnecessary distress;  To bring clarity on issues that might be raised related to entitlements and benefits through question and answer; and  To solicit help from local government officials and others, and encourage their participation in the RAP implementation. To ensure that vulnerable groups understand the process and their needs are specifically taken into consideration. 31 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report VII. ENTITLEMENTS MATRIX AND ELIGIBLE PARTIES The Entitlements Matrix (Table 7.1) summarizes the types of impacts, APs who shall be eligible for compensation, what their entitlements shall be, and provides comments on implementation issues. Types of APs and their proposed eligibility for compensation are detailed in the Entitlement Matrix. 32 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table 7.1: ENTITLEMENT MATRIX OF COMPENSATION Category MATRIX OF COMPENSATION of PAPs Compensation for Compensation Compensation Compensation Moving Other Type of Loss losses of structures for losses Lands for Assets for loss of Allowance Assistances income Compensated in Values of 10% for Compensation land or cash to crops lose inconvenience for trees is PAPs at a rate equal to the valued at equivalent for 10 number of Loss of land and equivalent _____ times the years lost till _____ trees average Average Annual APs get the annual income Output for the land. lost per each preceding 5 tree Property years. Owners Loss of Structure Residential land, Fully Fully For loss rental Transport 10% for Residential or houses, buildings and compensated at compensated income lump cost inconvenience business other fixture losses replacement at sum cash directly and fully cost replacement payments of 6 compensated at cost months rent replacement cost1 per tenants free of demolition expenses and salvaged materials Business Loss of premises No Replacement For loss of Transport Tenants cost for business cost and facilities that income Employee can not be payment will salary moved be made Residential Loss of residential No Replacement 3 months rent Transport 10% for Tenants accommodation cost for non (Equivalent cost inconvenience removable if Return ) installation was agreed with owner Land Loss of land No NO Tenants compensation law regarding land tenants in _____ _____ _____ _____ Ethiopia thus compensated should be paid as per the OP4.12 Squatters Loss of shelter Residential land, Replacements Subsistence Transport 10% for (living on houses, buildings and dwelling as per allowance on Allowance inconvenience site) other fixture losses will OP.12 daily bases for be directly and fully the number of compensated at days the replacement cost building free of demolition complete expenses and salvaged materials Vulnerable Residential land, Compensated in Fully Compensation Transport 10% for Groups houses, buildings and land or cash to compensated for equivalent Allowance inconvenience other fixture losses PAPs at a rate at loss of income directly and fully equivalent for 10 replacement compensated at times the cost and replacement cost Average Annual special free of demolition Output for assistance expenses and preceding 5 based on salvaged materials years and special identified and special assistance based needs and assistance based on on identified priorities. identified needs and needs and priorities. priorities. 1 Replacement cost takes into account the market values of structures and materials. 33 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 7.1 ELIGIBLE PARTIES Eligible parties for the purpose of this project are identified as Affected Persons (APs). This term refer to a collective unit of entitlement, and is used in this document to refer to families, other households, individuals and business and any other group affected by the project. 7.2 COMPENSATION ELIGIBILITY All PAPs and organizations (whether public or private) who lose land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent and temporary). 7.2.1 Non-Eligible Affected persons and Cut-off date Affected persons who move into the project area after the cut- off date will not be eligible for land acquisition compensation, though and such affected persons would be eligible for compensation caused by construction activities. The cut- off date for determining eligibility for compensation shall be at the time of undertaking the affected person’s census that will take place after detailed design. This will be done at the same time as the officials detailed measurement survey/inventory of losses, which will be the basis for compensation, and at which time affected persons and local authorities or their representative on the survey teams will agree to detailed measurement survey/ inventory of losses for each affected persons, after detailed design. The purpose of the cut-off date is to minimize the incentive for land speculation, and minimize the incentive for the people to move into the project area in the hope of gaining compensation. However, it may be possible that some affected persons may have been missed in the census. Therefore, those who can demonstrate that they are eligible will also be included in the affected person census. The cut-off date for compensation was September 30/2011. Cultivating land, constructing buildings or settlements in project affected areas after the cut-off date will not be eligible for compensation or subsidies. Compensation will also not be paid for any structures erected, or crops and trees planted purely for the purposes of gaining additional compensation. APs eligible for compensation shall include the following: Land permanently acquired for the project  Owners with formal legal titles  Owners/occupiers, who are eligible for formal legal title under Ethiopian law  APs with other recognized land use right  Occupiers who are not eligible for legal titles 34 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Permanent loss of house, other structure and improvement, and land based assets such as trees  Owners of houses and other structures (whether with land title or not) Temporary effects such as disturbance to crops during construction  Farmer/Land users/owners of infrastructure within the RoW For effects on Business  Owners of Business  Employees who have lost income as a result of the project 35 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report VIII. DESCRIPTION OF BASELINE CONDITION OF THE PROJECT AREA 8.1 Socio-Economic Environment The total length of the project road is about 91.6 km. The total road length falls in the Southern National Regional State and Gambela National Regional State. The socio- economic features along the proposed road alignment are briefly described below based on information obtained through field surveys, consultations with key informants and review of the previous study. The road is muddy in rainy season and dusty in dry season. No properly paved and constructed walk way. Both vehicle and people use the same road. There is no drainage system and the drainage flows on most of the road. The drainage problem is more visible, specifically the beginning road section of Mizan town and at Aman town. The proposed road routes traverse different settlements of the town including residential houses, commercial areas and government offices. The main livelihood of the rural community is mixed farming while towns are petty trading and few inhabitants are government employee. Social services in the project areas are available though not adequate. Services like private and government hospitals, water supply and sanitation facilities are inadequate. There is a telephone line while electricity is undertaking lining of the services currently. In urban areas the major economic activities are small retailing. Since most of the urban community is from lower income status petty retailing is a dominant practice. In both urban and rural areas women have a great responsibility contributing to household income by involving themselves in petty retailing activities. 8.2 Demography, Ethnicity and Religion At present the project area (Mizan -Aman, Guraferda and Mizan) has a population of about 77,751; of which 53% are urban and 47% are rural and the average household size is about 5. The settlement pattern of the Wereda population is dispersed. The population densities vary from the 14 person/km2 in Guraferda Wereda to 11 person/km2 in Gambela Wereda. 36 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The project area is sparsely populated area with large part is uncultivated land. There are a number of towns traversed by the project road. On the average towns have a population growth rate of 3% per year. The towns are characterized by a high density area like Mizan teferi and low density area of Guraferda and Dima of the country and the region. The towns are located on SPNRS of the Bench Maji Zone of Southern and Gambela Region. The major ethnic residents are Bench, Oromo, Maji and Gambela with few other ethnic communities. The major religious affiliations are Islam, Orthodox and Protestant. The population growth rate of the region is 2.9 % per annum with an average population density of 127 per sq.km; however, in the zones traversed by the project road the population density is higher: 14 per sq.km in Bench Maji zone and 11 Dima/Gambela. These densities are very low than the national and regional average. (Regional Statistical Abstract, June, 2006) The average family size in the project area is 5. The table below shows some of the demographic variables. Table: 8.1 Demographic characteristics of the project area Wereda Population Size Family Population Urban Rural Total Size Density per sq. km Mizan- 18,360 16,131 34,491 5 Aman Guraferda 19,405 15,859 35,264 5 7 Dima 4,567 3,429 7,996 5 11 Summary and Statistical Report of the 2007 The age distribution of the population revealed that the young age (1-14) and the old age (65 and above) account for about 47% of the population, this figure makes the region to have a total dependency of 89.3 people over 100 productive age population. 8.3 Economic Activities 8.3.1Major Economic Activity The major economic activity in the study area is agriculture particularly for the rural population where subsistence farming is the dominant means of earning a living. The major economic activity for urban residents is trading. 37 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Although there is some similarity in economic activity between the Woredas, there are also differences resulting from the ecological variation in the area. The economic activities prevailing in each Woreda are discussed below. Some of the project Woredas is also known in coffee production. These are Gurafera, Debub Bench and Bero Woredas. In Guraferda Woreda there is Bebeka coffee plantation undertaken by the government. Besides, private investors started coffee plantation on 2468 hectares of land in Guraferda Woreda. Besides, the farmers produce coffee in Debub Bench and Bero Woredas. Generally, coffee was planted on more than 1238 hectares land and 368,460 quintals of yield was harvested in fiscal year 2007. The economy of the project area is predominantly mixed farming. There is large uncultivated land. Average farm land holding in the project area is larger than the national average. In the project area average holding is more than 2-3 hectares. The proposed road links the capital city with the Southern Nations Nationalities and Peoples’ Regional State (SNNPRS). It has an important contribution for the trade and transportation of agricultural input and outputs from/to centers and SNNPRS. The most important contribution of the road is, linking the major towns of Mizan, Aman, Guraferda and Dima. The towns along the roads have planned investment. The investment plans include coffee processing, construction materials of bricks etc. It is also including Zonal hospital, University, and Teachers training institute etc. The location of the towns along the road with good agricultural resources especially cash crops of coffee, cotton, rice has good prospects for further development. 8.3.2 Agriculture The existing farming system is traditional mixed farming based on animal traction and human labor that also includes animal rearing for milking, draught power and transportation. There is an excessive dependence on rain and no significant irrigation is found, as is the case in other parts of the country. The farming system is mixed farming with traditional method of using animal power for cultivation activity, not cultivated with modern means of cultivation. The livelihood of the community depends on a mixed agriculture. Farming activity is relatively better as compared to other areas of the country. Livestock production is equally important as crop production in all parts of the project affected woreda. Cattle have a multipurpose benefit. It provides power for farming, meat, milk, hides, manure, and service as an asset and source of income in drought and famine periods. 38 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 8.4 Social and Economic services 8.4.1 Social services The project area has different social services including health, drinking water and schools up to senior high schools. Regarding social services coverage especially potable drinking water, health and education is presented below. Table: 8.2 Social services coverage and Situation Woreda Drinking water Health Education Electricity Telephone % % Tap water, Spring- Mizan-Aman 95 98 Electricity Available pipe, Ground water Tap water, Spring Partly Guraferda 75 78 Electricity pipe, hand drill water Available Partly Partly Dima Tap water, Spring pipe 70 65 Available Available Source: Wereda Sector Offices 8.4.2 Economic services The towns along the road have access to telephone, electric power, post offices etc. Moreover there are banking and financial institutions in few towns serving the towns community. 8.4.3 Housing The assessment of the housing situation in the project area has been based on information obtained from the respective wereda administration officials and field observations. In the project area, most of the housing units use similar materials for roofs and walls. Most of the units constructed in the rural areas have roofs and walls made of thatch and mud respectively. In urban and semi-urban areas, corrugated iron sheet is the most common material used for the construction of roofs, and wood and mud for the construction of walls. Nearly all the housing units in the project areas lack sanitary facilities. Rarely there is adequate room for the various household activities. In rural area ventilation is poor particularly with regard to the removal of smoke (from cooking and heating fires), which is ventilated through the door or a small opening. 8.4.4 Transport Services The principal travel modes of the project area are on foot, pack animals, and conventional vehicles, which can be considered as traditional, intermediate and conventional mode of transport respectively. Therefore the large majority of travel in the wereda is limited to the traditional means. Road transport in the wereda is very limited. 39 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 8.5 SOCIO-ECONOMIC PROFILE OF THE PROJECT AFFECTED PERSONS Socio-economic survey of the PAP’s and a census and an inventory of assets were carried out in order to provide baseline data for the preparation of the resettlement action plan, if any, for the project road as well as to provide a baseline for project monitoring and evaluation. In this section a social profile of the PAPs is provided. The survey Data for the Socio-economic profile are described in this section and also the details of asset inventory and the list of PAPs are enclosed as Annex 7 8.5.1 Project Affected Households (PAPs) The PAPs survey revealed that 338 households and two institutions would be affected by the road project (for both rural & urban). Of the affected households, 12% are rural while 88% are urban. Table 8.4 shows the distribution of the project affected households and institutions along the road project. Table 8.4 Affected Assets Type of Assets Number/ Households 1 Farm Lands 16 plots of lands 2 Tukul houses 58 3 Mud Houses with Corrugated iron sheet roofing 280 4 Government Building 1 5 Different Institutions 1 8.5.2 Household Size Regarding the household size it ranges from one to seven while the average in the project area is five. 8.5.3 Sex Composition Of the 100 sample households of the surveyed PAPs 64% were men and 36% were women. Table below shows sex composition. Table 8.5: Sex Composition of the PAPs Sex No. % Males 64 64 Females 36 36 Total 100 100 Source: - Consultant's 8.5.4 Occupation of the PAPs Agriculture is the dominant economic activity within all the project areas, while Trade/commerce is also a dominant in urban areas. The main occupation of the 40 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report project area is agriculture, trade and civil services ranking highest, medium and lowest. 8.5.5 Ethnicity and Religion The major ethnicity of the PAPs is Bench, Amhara and Oromo with few other ethnic communities. The major religious affiliations are Islam, Orthodox and Protestant. 8.5.6 Household income Communities in Villages along the alignment derive their income from a wide variety of sources. According to the discussion made with Development Agents of the wereda, the income sources include from sale of crops of Maize, Enset, sale of vegetables, potato, sale of Chat, Coffee and Livestock products. Among all sources Fruits, Chat, Enset and coffee is found to be the major sources of income. The major share of their expenditure is food. Generally it is understood from the field survey that average income is based on the farm land size a farmer possesses, thus the relative importance of Fruit, Chat, Enset and Coffee land to contribute income for the farmers is high in most of the villages. Although, it is possible to indicate the sources of income and the relative importance, it was difficult to arrive at a reasonable estimate on average rural households income and expenditure of the communities in the different weredas along the road, based on either the key informant interviews or households survey. This is because data is not available on household’s income and expenditure. Data also not available on secondary sources, thus it is found to be useless and not advisable to make assumptions in the absence of baseline data on the wereda or Zone level. The importance of mixed farming is clear; it represents the most important income source in the great majority of villages. Non-agricultural income sources (e.g. migration, daily laborer in commercial farms,) also exist but limited. Overall, the economy of the community is highly mixed crop farming. 8.6 Socio Economic Implication The above analysis shows that the households depend mainly on farming and farming is the main sources of income. Though, the majority of the households are in low income groups, they have enough farm land which could assist them for improving the low level of income. Hence households who lose their land could not affect seriously since their holding is large and adequate compensation could restore their lost income. Thus, individual farm land size in the project is above 3 hectares, which implies that the road impacts on the households are moderate and manageable. 41 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 9. POTENTIAL IMPACTS AND MITIGATION MEASURES 9.1 OVERALL ASSESSMENT The potential environmental and social impacts of the Project have been identified and their significance analyzed based on data obtained from field surveys along the proposed alignments, local government offices, consultations with key stakeholders and a review of relevant documents. In addition, appropriate avoidance, mitigation and/or compensation measures have been identified and proposed for each identified impact. The construction of this road will result in a variety of environmental and social impacts. These will be both beneficial and adverse effects. It is definite that implementing the project will benefit much than the adverse impacts. The potential economic benefits of road rehabilitation and upgrading projects derive from:  Savings in vehicle operating costs.  Savings in road maintenance expenditures.  Time savings to passengers and freight.  Reductions in the number and severity of accidents.  Induced economic development, such as industrial, agricultural or tourist activities that were previously constrained by poor access.  Social benefits arising from the increased mobility of the population and improved accessibility to health, education and other services.  Governmental interconnection between Addis-Ababa and Debub Bench Zone and Mizan Teferi which is a major city of Bench Maji Zone and Dima one of the Towns of Gambela National Regional State will be facilitated.  Investment will be encouraged along the road and in the towns crossed, which in turn open employment opportunity for the local community and others as well. Nevertheless, there will be several adverse impacts on the physical, natural and socio-economic environment. The major potential environmental issues include the following, but not limited:  Loss of productive lands under various uses due to land acquisition for the road right-of-way, establishment of campsites and material processing and storage sites;  Soil erosion/impairment of soils effected by road construction activities and disturbance of established natural drainage systems;  Water pollution resulted from disturbance of water courses during construction of culverts and bridges, enhanced soil erosion,  Loss of naturally growing (indigenous) trees as well as planted trees due to land acquisition for the activities mentioned above; 42 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Loss of infrastructure such as housing units which provide residential, business, commercial or industrial functions;  Disruption of utility services such as water supply pipelines, telephone lines and power transmission lines;  Disruption of movements of people and animals due to increased traffic volume and speed;  Increased risks of communicable diseases including HIV/AIDS; and  Increased risks of accidents to the local communities and their animals during the construction period. Several of these effects will be short-term and reversible, stemming from ground disturbance, operation of equipment, construction camps, and construction materials processing and storage. Details of the main potential social issues together with the corresponding avoidance, mitigation or compensation measures are described in the subsequent sections. 9.2 POSITIVE IMPACTS OF THE PROPOSED ROAD PROJECT Upgrading of the Mizan-Dima Road would obviously bring several positive impacts. It will contribute a vital role for the growth of the national economy. Also, the road will improve the road safety, import-export trade scenario; improve social services, transport facilities, income generation and employment opportunities for both migrant and local laborers, etc. These and other beneficial effects are briefly described below. 9.2.1 Job Opportunity during construction period The creation of temporary jobs can be considered as positive impact of the road construction to the local people. Some individuals may gain skills that can be applied in other road construction projects too. Further direct opportunities include entrepreneurial development as a result of the increased population and increased road usage. This includes items such as supplies, accommodations, food outlets, restaurants etc. The general economic improvement of the project influence area due to increased access and increased traffic flow will create further indirect job opportunities. Markets will be much more accessible, thereby providing people the opportunity to increase production and access to external markets with their products. 9.2.2 Provision of easy access / mobility An upgraded road will support the provision of a wider and better range of services. Improved access will make possible increased mobility of government officials and employees, goods, materials and the resources required to run the day-to-day services. With improved services, the living condition of the people in the project area in particular, and a country as a whole will be improved. 43 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 9.2.3 Gender Impacts Women in road projects could work as daily laborers and in other similar activities in the project implementation. Female-headed households in particular could benefit from the roadwork through employment opportunities that would be created. They also gain working skill that can be applied in other similar activities. It also helps to develop confidence and self-sufficiency among women who are involved in the road construction work. The other benefit of the project for the women during the construction phase is that it would help to start small business such as opening teahouses, meal houses, small shops etc. Therefore, in order to exploit these advantages, the project owners should encourage use of local manpower during the construction phase of the project, giving priority for women. 9.2.4 Contribution to Economic Growth With enhanced movement and accessibility along the road, the economy of people served by this road would be improved, contributing its share to the overall economic improvement of the country. Other benefits such as the reduction of vehicle operation costs, reduction of travel time, reduction of dust emission and associated health impacts would be achieved. With the road upgrading, there will be good opportunities for commerce and trade to improve and provide better quality services. Moreover, lowering the costs of motorized transport may enable a more steady supply of goods and services into the area and facilitate the movement of agricultural produces and other import and export items. 9.2.5 Improvement of Drainage A well-designed road will mitigate the drainage problems on the existing road. The new road prism and drainage structures will improve drainage on the road surface, across and alongside the road, thus minimizing erosion and siltation problems during the operation phase. Together, these measures will improve traffic conditions and reduce hazards for both motorized and non-motorized traffic. 9.2.6 Summary of identified potential Negative impacts The potential environmental and social impacts identified and described in the preceding sections are summarized in Table: 9.1 below. 44 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report 9.3 ADVERSE IMPACTS OF THE PROPOSED ROAD PROJECT 9.3.1 Impacts on socio-economic environment The previous section of this report has identified positive and negative impacts of the envisaged road project on socio-economic resources. Positively, the road will reduce risks of traffic accidents, save traveling time and contribute to the overall growth of the national economy. The project will have also some adverse social/environment effects. Types of properties that would be damaged / affected are listed in the baseline situation section of this report. Therefore, negative aspects of the road project can be divided into six broad categories: Damage on infrastructure services, damage on cultural resources, health issues, and community disturbances, disruption of utility services and loss of farmland, pasture and trees. 9.3.1.1 Damages of Infrastructure It is mentioned that there are potential negative impacts of the road on rural as well as urban communities. In urban and rural areas, houses made up of wood and mud, hollow concrete and multi-story buildings will be affected. The Consultant has estimated that a total of 340 residential buildings are located within the Project RoW and will have to be relocated. Permanently affected houses are not located in one area, but are spread across the whole length of the route. Impact on residences will not require full resettlement, but will involve shifting the residence to a different portion of the property (out of the RoW) or, in the case of a town, to within the vicinity. The number of housing unit, affected along the road is summarized below. 45 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table : 9.1Summary of House affected along the road Number Unit Cost Area in in Birr (per Compensation Total cost House type m2 M2) in Birr Mude House 280 19,180.77 1500 28,771,155 Tukul 58 1942.48 1000 1,942,480 Blocket 2 391.4442 1800 704,599 Total 340 21,514 31,418,234 The housing value are 340 houses of different sizes and type would be affected. indicative and assumed that will change and updated as the actual construction work begins. During the project construction, a number of household fences will be affected by road in the RoW. The survey result indicates that a total of 7,775 linear meters of fences will be affected. Compensation is based on a combination of fence type and values. Table: 9.2 Summary of potential impacts and suggested mitigation measures SL. Issue Duration of Location Proposed mitigations No effect (chainage) Housing units Permanent Mostly in  Consult local authorities, (residential - Towns notify relevant stakeholders existing, under about the project through construction, official letters, and buildings, fences, discontinue on-going etc.), construction activities.  Minimize road width, allow, affected persons to salvage building materials, pay compensations Information on the possible impacts on the road alignments on utilities are shown in the table below. It is anticipated that electric and telecommunication poles and other infrastructures will be affected in different towns and villages during the construction period because of their location within the right of way. Prior to the commencement of construction, all public services that will be affected should be relocated to minimize disruptions to the services. In this regard the consultant makes estimate of the 1154 electric poles to be affected. The estimated cost is Birr 173,100. To this effect, the implementing agency should contact concerned public services agents and settle the amount that is needed for the relocation activities, before construction begins. 46 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table 9.3: Summary of impacts associated with utility services and suggested mitigation measures (construction phase) SL. Issue Duration of Location Proposed mitigations No effect (chainage) 1 Telephone Permanent Throughout, Relocate telephone lines, lines particularly in Consult Telecommunications densely settled Corporation, pay towns compensations. 2 Electricity Permanent In towns and Consult Electric Power factory areas Corporation, pay compensations. 9.3.1.2. Private plantation and Trees It is previously mentioned that, agriculture is the main stay of the people residing along the road with minor petty trading in urban areas. The road will provide job opportunities to local communities and migrant workers. However, there will be disruption of economic activities (farming, grazing land, plantation etc.) and will be affected either temporarily or permanently. A total of 16 people are affected due to the project losing farm and coffee plantation (13 crop farm and 3 coffee plantations farms) land while a total of 1,168 number of different tress are affected. Since the woodland is the main source of fuel for the households and for the construction material, its loss would cause considerable impact on household, hence compensation should be given for this purpose. There are eucalyptus plantations going to be affected within the ROW of the road. The major plantation in the project area is eucalyptus trees. Compensation for crop loss is made on the assumption that only the land affected on the ROW will result in permanent loss. The remainder of the land will be affected for a maximum period of three years only while construction of the road is underway. Compensation will be based on the productivity of the land and on current market prices of the crops.  Farm lands 244 hectares of farm land of which 210 ha is coffee farm while the rest is farm of different crops land. Of the total 244 hectares of farm 98% is owned by Federal Government Bebeka Coffee Development Farm while 2% is individuals’ farm. Compensation will be based on the productivity of the land and on current market prices of the crops. 47 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Based on the availability of the farm land on the project area where PAPs reside, permanent cultivated land loss will be compensated on a land-for-land basis. If there is shortage of land, however (as is generally the case in Ethiopia), loss of cultivated land will be compensated in cash at a rate equivalent to 10 times of Average Annual Output Value (AAOV) of previous three years. Individuals or entities legally using affected plots will be compensated in terms of a land-for-land mechanism through redistribution of land within the village territory. Table: 9.4 Summary of potential impacts associated with loss of farmlands, pasture and trees and suggested mitigation measures (construction phase) SL. Issue Duration of Location Proposed mitigations No effect (Chainage) 1 Farm and grazing Temporary Throughout Reduce size of land for areas taken up due to detours, campsites, storage to road widening or Permanent facilities, and dumping due to new road spoils. Pay compensations, alignment. locate quarry & borrow sites on unproductive lands. 2 Distraction of Permanent Throughout - Work closely with Woreda Eucalyptus but Agriculture Office. Avoid scattered detour, limit clearing, replant trees, pay compensation 9.3.1.3 Health issues Health issues are identified and expected to occur with the commencement of the construction. Major health issues are associated with HIV/AIDS/STDs, labor migration and camping sites. a) HIV/AIDS/STDs: HIV/AIDS and sexually transmitted diseases are potential health threats that can be aggravated by the project. b) Labor migration: This is also mentioned in the assessment report but not elaborated. Road projects require adequate human labor. Road projects create employment opportunities for local communities as well as for migrant laborers coming from distant locations. Migrant laborers in the road sector are young (15-24), sexually active with no family and coming from other Woredas/Regions. This age group is largely exposed to HIV/AIDS and STDs. The migrant labor force will compete also for other resources and services by pressurizing host communities. This could be source of conflicts and misunderstandings. 48 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report c) Camping sites: This will be a major health issue at construction phase of the project. The previous report has also addressed it adequately. Camping has both social and environmental impacts. Site selection outside settlement areas, camp management, sanitary condition, etc. are some of the critical issues that need due attention at a later stage. Table: 9.5 Summary of potential health issues and suggested mitigation measures (construction phase) SL. Issue Duration of Location Proposed measures No effect (chainage) 1 Health: Temporary Throughout Collaborate with Health Offices, HIV/AIDS to HIV/AIDS Clubs and NGOs. Provide and STDs Permanent education on HIV/AIDS 2 Labor Temporary Throughou Encourage migrant workers to bring migration t their families, orient migrant laborers on camp disciplines. Provide health awareness, recruit workers from local communities 3 Camping Temporary In selected Appropriate selection of campsites, sites areas regular monitoring by health offices. Provide health and waste disposal facilities, provide safe water. 9.3.1.4 Community disturbances Communities would benefit from the project. But there will be also disturbances, which are manageable if due consideration is given to proposed mitigation measures. Major community disturbances of the envisaged project are described below: a) Noise and dust: There are unavoidable temporary effects of any road project. The previous report has adequately explained these issues. Noises from machineries, other vehicles would disturb communities residing along the roadside. The road project passes through settlement areas, hotels and small factories and other huge establishments, which might affect quality of their produces due to dust. b) Safety issues/standards: Increased traffic accident is unintended social effect to local communities and animals. This would happen through construction and operation stages of the project. Although traffic accident is an adverse social effect, there are systems that help reducing rate of accidents through introducing safety measures on a continuous basis, and through collaborations with different stakeholders. During the construction period there will be equipment and machinery movements that could increase the risk of accidents to the local communities (particularly 49 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report children) and their cattle, especially when they are crossing the road. Traffic accident would also be apparent during the operation phase of the road. Mitigation measures include: put traffic signs on relevant sites, work closely with traffic police and schools, use local media to convey messages, etc. c) Disruption of movements of people and animals: Movement of people and animals will be disrupted because access roads and crossings will be blocked temporarily or permanently. Disruption of movements of people and animals can be to different places for different purposes. Movement of people to market places, to farms, to churches/mosques, offices, etc. and movement of animals to grazing areas and water points can be restricted and time taking. Therefore, it is essential to provide foot paths which assist them for easy access for the above services. Table : 9.6 Summary of potential community disturbances and suggested mitigation measures (construction phase) SL. Issue Duration of Location Proposed measures No effect (chainage) 1 Noise Temporary Throughout Notify during blasting activities. Limit use of explosives 2 Dust Temporary Throughout Minimize dust emissions. Frequent watering. 3 Traffic Temporary Throughout Educate personnel on safety accidents to , but in procedures, put signs. Work closely permanent densely with traffic police and schools, use populated local mass medias to educate the settlement public. sites Disturbances Temporary In selective Construct crossing structures and foot of to places. paths. Consult affected communities movements permanent of people and animals 9.3.2.5 Potential impacts of campsites The location of campsites in relation to settlement sites has an effect on the environment. The following summarizes the potential impacts of campsites:  Land will be needed for construction of camps. The land that is taken could not be farmland.  Effluents discharged from campsites, spills of chemicals and pollutants from used fuel and oil and accidentally spilling as well as cement slag during construction can pose pollution risk to streams intercepted by the road.  Unless campsites are suitably located, there could be a health hazard to existing towns or settlements by transmission of diseases. 50 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  The campsites may have to share limited resources like water that could be already in short supply for the residents.  Overloading of existing facilities (health care, potable water supply, law violation by the workforce, garbage disposal facilities) could occur. 9.3.2.6 Impact from immigrant workers Migrant workers can potentially cause personal conflicts with local workers. Ability to pay more of migrant workers will tend to inflate local prices and compete for the limited resources, which eventually cause bad feelings with local population. Some immigrant as well as local workers may behave badly, especially when they drink alcohol during the salary days and may disturb the peace of the residents. Incidents of sexually transmitted diseases like HIV may also increases as movement of workforce increases. Hence, these issues have to be considered before hand and camps should be managed properly. Other mitigation measures mentioned in this report should be implemented. 9.3.2.7 Impacts on Vulnerable Households Special attention will be paid to the vulnerable groups, defined as those already experiencing hardship (e.g. as a result of extreme poverty, sickness, female-headed households, the aged, etc.) and for whom loss of land/property could lead to further hardship. In order to ensure that resettlement does not further exacerbate the conditions of these groups, certain incentives will have to be offered to them in consultation with community representatives. Special attention of providing transportation facility in carrying their goods in time of relocation, giving priority in time of land compensation, arrangements of bank book account to put safely their cash compensation, may need more assistance during land clearing and rebuilding their new houses etc, are required for theses households. 51 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report IX. RAP IMPLEMENTATION COST ANALYSIS AND BUDGET 10.1 Compensation framework general approach Policies to compensate loss of land or property by the proposed Project are based on Ethiopian federal laws, regulations stipulated by Regional Authorities, and outlined in the World Bank Operational directives/Policies on involuntary resettlement OP4.12. The primary objective of the Resettlement Action Plan (RAP) is to restore the income and living standards of the affected persons within a short period of time after resettlement and as little disruptions as possible. Particular attention will be given to the needs of the poorest and most vulnerable groups. In this project, compensation valuation methods are based on similar projects implemented in the region and calculated according to 2011 replacement rates and values. Any further adjustments that may be necessary can be done in consultation with the resettlement committees that will be established prior to the commencement of the Project. The compensation approach adopted in this RAP is as per FDRE proclamation 455/2005, Regulation No.135/2007 and WB policy on involuntary resettlement (OP 4.12). Compensation for land structures, business, fixed improvements and other temporary impacts are based on among other things on market valuation, productivity valuation, material and labor valuation, disposition of salvage materials and other fees paid. If relocation of business becomes necessary, access to customers and suppliers should be assured. In addition, workers losing employment in the process of relocating should be entitled to transitional income support. The compensation approach will be determined on the willingness and readiness of owners of a resource to give up their rights. Compensation for temporary impacts will be calculated on the basis of the following criterion/principles;  Compensation equivalent to lost income required for the duration of impact,  Compensation equivalent to lost income required for loss of access,  Physical restoration of assets (or access) required prior to return, 10.2 Principles of compensation According to the legal and policy requirements of the Ethiopian Government and the World Bank, the principles of compensation and entitlements established for the project are as follows:  Compensation and entitlements provided to PAPs ensure that pre-Project standards of living are maintained or improved; 52 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Land temporarily occupied is kept to a minimum;  PAPs, legal and illegal, are taken into consideration and accounted for;  Per capita land holding after land acquisition is sufficient to maintain livelihood standards;  If land allocation per capita is not sufficient to maintain livelihood, that other income generating activities are provided for;  PAPs are adequately informed on eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; and  Land acquisition will take place prior to satisfactory compensation and resettlement of the PAPs. 10.3 REPLACEMENT COST Replacement cost is based on the premise that the costs of replacing productive assets that have been damaged because of upgrading the project road activities or improper on-site management can be measured. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on-site management practices and thereby prevent damage. Replacement cost is the method of valuation of property and determine the amount of replacement through compensation. ERA's Resettlement and Rehabilitation Policy Framework defines replacement cost approach as; “…direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, net depreciation, moving expenses and other transaction costs". Similarly, World Bank’s OP 4.12 defines replacement cost as follows; “method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transition costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account�. In Places where markets are not well organized or thin, replacement of assets may be scarce, or loss of human or social capital might also be debilitating there is a need to establish supplemental income strategies. The replacement cost approach also involves;  direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement,  net depreciation,  moving expenses and  Other transaction costs. With regard to land and structures, replacement cost is defined as shown in Table 11.1 for the different land use type, such as, agriculture, urban and rural land. 53 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table 11.1: Replacement Costs for Agricultural Land and Structures Agricultural Land For public Infrastructure For houses It is the pre-project or pre- It is the pre-project or pre- It is the market cost of the displacement, whichever is displacement, whichever is materials to build a higher higher with similar or replacement structure improved public (house) with an area and infrastructure facilities and quality similar to or better services and located in the than the affected house, vicinity of the affected or to repair a partially area affected house Market value of land of The cost of any registration The cost of transporting equal productive potential and transfer taxes building materials to the or use located in the construction site. vicinity of the affected land The cost of land The cost of transporting The cost of any labor and preparation to levels building materials to the contractors' fees similar to those of the construction site affected land The cost of any registration The cost of any labor and The cost of any registration and transfer taxes contractors' fees and transfer taxes 10.4 Income restoration Income restoration refers to reestablishment of income levels for the PAPs prevalent at the time of displacement. Income restoration is an important component for the resettlement of PAPs who have lost their productive base, businesses, jobs, or other income sources, regardless of whether they have also lost their houses. In income restoration, issues such as, source of livelihood (monetary and non monetary), availability of land for replacement, existing skills of PAPs, employment opportunities and income restoration options will be provided. For PAPs who have lost their assets, income restoration plans or programmes may require support and services in the long and short term basis. The short term support plans may include compensation payment made for lost assets and properties before relocation, allowances for transportation and moving agricultural extension and other related supports until the income level of PAPs is restored. This short term support also involves provision of employment opportunities at project construction site. 54 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Long-term income restoration involves land and non-land-based economic activities that will provide a sustained source of income over a longer period of time and to enable income restoration, or better still, improvements in PAPs standard of living. 10.5 Valuation and compensation method for affected assets The following section describes the valuation methods to be used for this compensation estimate and RAP report. Detailed compensation unit rates to be used for each affected assets based on standard regulations discussed in subsequent sections below. Basis for Valuation The basis for the valuation of affected assets and properties is Gross Current Replacement Cost (GCRC). ERA’s RPF defines Gross Current Replacement Cost as “the estimated cost of erecting a building as new having the same gross external area as that existing with the site works and services on a similar piece of land�. The valuation process will also consider the use of “compensation value� for affected properties. In addition to GCRC, “Compensation value� is also taken into consideration. According to the ERA’s RPF, “Compensation Value� is defined as the amount to be paid to the leaseholder calculated as an amount which is above the gross current replacement cost, including the costs for the inconvenience caused to the leaseholders by relocation, and to enable the same leaseholders to build slightly better houses than what they currently occupy. FDRE’s Proclamation 455/2005, in Part Three, article 9 (valuation of property), no.1 states that “The valuation of property situated on land to be expropriated shall be carried out by certified private or public institutions or individual consultants on the basis of valuation formula adopted at the national level�. 10.5.1 Compensation for Permanently Loss of Cultivated Land Depending on the availability of land, permanently cultivated land lost to the project will be compensated on a land-for-land basis. However, if there is shortage of land, crop loss will be compensated in cash to PAPs at a rate equivalent for 10 times the Average Annual Output Value (AAOV). Monetary compensation is paid for loss of crops and trees found on permanently and temporarily lost agricultural land and which is acquired for the construction of the project road. The compensation rates/value for loss of trees and crops from lost agricultural land are established by the woreda agriculture and rural development offices. 55 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report FDRE Proclamation 455/2005, Article 8 (displacement Compensation) No. 1; “A rural landholder whose landholding has been permanently expropriated shall, in addition to the compensation payable under article 7 of this proclamation, be paid displacement compensation which shall be equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land� The principle of compensation also follows that of income restoration of PAPs. According to the five year average crop budget and gross income is calculated and the proportion of income equivalent to land loss is determined. Similarly, FDRE Council of Ministers Regulation No.135/2007, in Part Three, Article 16, No. 3 (a, b & c) state that: The average annual yield of crops or perennial crops shall be calculated on the basis of: a) the yield obtained from the land for the last five years: or b) where the land was used for less than five years, the yield obtained for the actual years the land was used; or c) Where the crops or perennial crops have not yet started giving annual yield, the yield of similar crops or perennial crops obtained for a similar area of land in the locality for the last five years. The basis for the valuation of compensation is based on the different types of crops grown in the area and according to its current market prices. Therefore, in order to estimate compensation for the loss of crops, the valuation for compensation is calculated for those crops that are commonly planted and grow in the project area. Compensation for Crops: The total area of the land (m2) x Value of the crops per kg x the amount of crops to be obtained in m2 + Cost of permanent improvement on land Compensation for unripe perennial crops: Number of plants x Cost incurred to grow an individual plant + Cost of permanent improvement on land Compensation for ripe perennial crops: The annual yield of the perennial crop (in kg) x the current price of the produces + Cost of permanent improvement on land In the project area there is significant area of coffee farm owned by the State farm, (Bebeka State Farm). For this crop valuation is made based on the consultations of the wereda agriculture offices. Accordingly in the project areas locally yield per ha are about 2500-3300 trees. Due to the project about 32 km stretch LHS and RHS is covered with coffee plantation. Assuming 30 meters width there are about 73.6 ha of 56 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report coffee lands excluding the existing 7 meters road. Hence, when we convert this into over the 32 km length, the cost is presented as the table below. According to the FDRE proclamation the amount of displacement compensation will be ten times of the average yield of crops or perennial crops obtained from the land. In the project area three major categories of crops have been cultivated on the existing farmlands. These are cereals (Wheat, teff, barely and millet), pulses (beans, peas and lentil) and Oil crops (nugs, linseed). Compensation and current market price of major crops in the project area and value of compensation per hectares are presented below. All affected lands are rain feed. No irrigated land was affected. The major share of the affected land is coffee farm which is given to state farm. There are only 16 individuals who loss farm lands within the right of way. Table: 11.2 Summary of farm lands affected along the road and cost Productivity per hectares in Price per Compensation Compensation Type of Farm Land in Ha Quintals Quintals for one Year for 10 Years 166.4 Crops lands 12 900 1,797,120 17,971,200 73.6 Coffee farm 7 7000 3,606,400 36,064,000 16 hectares Crops Farm out 12 900 172,800 518,400 of the ROW 18.8 hectares coffee Farm 7 7000 921,200 2,763,600 out of the ROW Total 57,317,200 10.5.2 Compensation for Temporary Dispossession of Rural Land Temporary loss of cultivated land will be directly compensated in cash at a rate equivalent of Average Annual Output Value (AAOV) for the number of years that the land is not available for cultivation. Most of the households in the project area have a land which is beyond the average land holding in the Ethiopian condition even most of them have more than 3hecatars of land and can sustain their life and maintain their income. Rural land needed temporarily for detour roads or for other use in connection with the construction works, including borrow pits, quarries and access roads to such areas, will be restored by the contractor to its original state after the temporary use for the construction work is over. The compensation for temporary disposed land according to Proclamation 455/2005, Article 8, No.2 is states as ; “A rural landholder or holders of common land whose landholding has been provisionally expropriated shall, in addition to the compensation payable under Article 7 of this proclamation, be paid until 57 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report repossession of the land, compensation for lost income based on the average annual income secured during the five years preceding the expropriation of the land; provided, however, that such payment shall not exceed the amount of compensation payable under sub article (1) of this article.� Similarly, Council of Minister Regulation No. 135/2007, Article No.18 states that “Where rural land is expropriated only for a limited period of time, the multiplication factor for calculating the displacement compensation shall be the number of years for which the land is cleared; provided, however, that the compensation obtained by such calculation shall not exceed the amount payable under article 16 or 17.� In addition to the compensation for lost crop on temporarily disposed land, the cost for permanent improvement of land shall be computed by considering the costs incurred for clearing, leveling, terracing, and other agricultural infrastructure works. 10.5.3 Compensation for Grazing Land There are usually two types of grazing land systems in Ethiopia, known as protected and unprotected or communal and private. Among the two types of grazing land, the unprotected communal grazing land is very common. As per the Council of Ministers Regulation No. 135/2007, the compensation for the protected grass land is calculated as follows;  Area covered by the grass m2 x the current market price of the grass per m2 Regarding the communal grazing land, experience shows that there has never been any compensation for grazing land since the ownership of land belongs to Government and the public. However, in project area there is ample communal grazing land and no grazing land and farm land problem as well, hence the impacts of the project in grazing land is negligible. 10.5.4 Compensation for Trees The Council Ministers Regulation, Article 7 (1&2) states that “The amount of compensation for trees shall be determined on the basis of the level of growth of the tree and the current local price per square meter or per unit.� Eucalyptus is the predominant species of trees that is widely grown in the project area. 58 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Eucalyptus yields and prices are based on age, height and diameter of trees, and their functions (e.g. house construction, electricity poles, fuel wood etc). Based on this eucalyptus trees are classified into three major classes: 1. Small (at seedling), 2. Medium, 3. Large (Pole). Based on a compensation method used on different road projects and other similar development projects the consultants uses the methods as discussed below. The assessment of eucalyptus production and the market prices are based on averages collected from different Eucalyptus plantation regions in the country. Eucalyptus yields and prices are based on age, height and diameter of trees, and their functions (e.g. house construction, electricity poles, fuel wood etc). Based on this eucalyptus trees are classified into three major classes: 1. Small (at seedling ) 2. Medium 3. Large (Pole). Prices are Birr 4, 30 birr and 210 birr for small, medium and large trees per pieces respectively. Compensation is valued at equivalent average annual income lost per each tree. (Average price) Table: 11.3 Number of affected eucalyptus and their cost Birr Type of Property Eucalyptus affected Eucalyptus Eucalyptus affected affected Big Size in number affected in Small Size Medium number* Size in number Eucalyptus 321 1168 379 Unit price (Birr ) 4 30 210 Cost (Birr) 1,248 35,040 79,590 Total Cost 115,914 * These are seedlings of eucalyptus 10.5.5 Compensation for Residential Land, Houses, and Fixtures Residential land, houses, buildings and other fixture losses will be directly and fully compensated at replacement cost free of demolition expenses and salvaged materials. Compensation for residential land will be paid to the responsible unit that will, in consultation with the village committee, make available replacement plots within the community. If this is not feasible, the responsibility will be assumed by local government. Houses, out-buildings, apartments and related fixtures will be compensated in cash at replacement cost paid directly to the PAPs. Renters of affected houses/buildings will be guaranteed of a rent contract at the same rental terms for negotiated number of years. According to ERA’s Resettlement /Rehabilitation Policy Frame Work the basis for the valuation of houses is the Gross Current Replacement Cost (GCRC). This is defined as the estimated cost of erecting a house as new having the same total external area as that existing with the site works and services on a similar piece of land. 59 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Compensation value for houses is estimated on the basis of the type of the affected houses. The cost for each house that would be replaced is estimated on the basis of specification and bill of quantities prepared by the municipalities of each town and verified with PAPs. Households who might lose their houses due to the construction of the project road will receive full replacement cost plus disturbance allowance. The disturbance allowance is considered to cover the loss of established businesses, and include social disruptions and inconveniencies. With this disturbance allowance, the affected people can cover expenses associated with their relocation including access to social and public services. Compensation for houses, fences and other structures affected by the project as described above shall take place at full replacement cost, taking into account market values. Methodology for determining replacement cost of building structures: The following methodology is used in determining replacement cost for building structures as per Council of Ministers Regulation No. 135/2007, = Cost of construction (current value) + Cost of permanent improvement of land + the amount refundable money for the remaining term of lease contract Based on the consultation with experts in the towns’ municipalities and informal discussions with the residents in the projects area along the road, the consultant has collected information on the construction costs of different types of houses and fences. 11.4 Cost estimation of structures. Description Unit Cost in ETB House Structure  Stone Wall m2 2500  Bricks m2 2000  Blocks m2 1800  Mud /Chicka M2 1500  Tukul /Hut m2 1000 Fence Structure  Barbed Wire m 120  Corrugated Iron Sheet m 200  Wooden m 50 60 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The number of housing unit, affected along the road and the total cost estimated is summarized below. (Please see for the detail Annex 7A and B) Table : 11.5 Summary of House affected along the road Unit (number) Compensation Total cost House type in Birr   Residential 338 33,426,607 Institutional offices 2 704,599 Total 340 34,131,206 During the project construction, very few fences will be affected by road in the RoW. The survey result indicates that a total of 7,575 linear meters of wood fences will be affected. Compensation is based on a combination of fence type and values. The total compensation estimate is birr 377,850. 10.5.6 Compensation for Public utilities The relocation of utility lines is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works, in order to avoid delaying the contractor. ERA will be responsible to notify the appropriate regional and woreda authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The owner of the utility line shall relocate the utility lines within 30 days of from the date of receipt of the compensation payment. Road construction projects affect public properties like electric poles, Telephone lines, and water pipes that fall within the road right of way. To quantify the estimated cost estimate of public utilities (Water pipes lines, electric poles and telephone lines), the following parameters are adopted  The number of electric poles removed  The length and volume of telephone wires are also considered  The cost of water pipe supply, proper dismantling work, pipe trench excavation, pipe-laying works.  Finally all sorts of back fill works with proper re-alignment and surveying works is also considered. In this regard the consultant makes estimate of the 1,154 electric poles to be affected. The estimated cost is Birr 173,100 for electric poles in order to relocate the utilities. 61 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report To this effect, the implementing agency should contact concerned public services agents and settle the amount that is needed for the relocation activities, before construction begins. Cut-off date The cut-off date for compensation eligibility was set, September, 2011 when the asset inventory and census secondly have been completed. Cultivating land, constructing buildings or settlements in project affected areas after the cut-off date will not be eligible for compensation or subsidies. Compensation will also not be paid for any structures erected, or crops and trees planted purely for the purposes of gaining additional compensation. 10.5.7 Summary of Total Affected Assets The impacts identified and described in the preceding sections are summarized in Table 11.7 below and the amount indicated is covered by the government of the Federal Democratic Republic of Ethiopia, through ERA. Table: 11.7 Summary of Total Affected Assets Items for Compensation Unit Quantity Total Cost of Compensation (Birr) Compensation for loss of dwellings number 338 30,713,635 Compensation for loss of institutional Number 2 704,599 buildings Residential fences meters 7575 377,850 Compensation for loss of farm (crops & Hectares 240 57,317,200 Coffee) lands with RoW Compensation for loss of farm lands out of    34.8 3,282,000 RoW Permanent loss of Eucalyptus trees number 1,168 115,914 Relocation cost for Tele poles Number - Relocation cost for Electric poles Number 1154 173,100 Training Lump    250,000 sum HIV/AIDS Prevention Lump    500,000 sum Assistance to Vulnerable groups    500,000 Budget for RIC Lump 300,000 sum Environmental monitoring and evaluation    500,000 cost Administration    250,000 Sub-total 94,984,298 Contingency (30%)    28495289.4 62 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Grand Total    123,479,587 11. ENVIRONMENTAL PROTECTION & MANAGEMENT An Environmental Impact Assessment (EIA) study was conducted for the entire Mizan- Dima Road project in 2009 and secondly September 2011 as part of the EIA the physical and social surveys were conducted in order to assess the impacts on natural resources and the social environment. The RAP asset inventory has been done twice, namely in 2009 and December 2011. The study provides a detailed environmental management and monitoring plans, which will have to be implemented during construction and operation of the project road. In this section, the environmental impacts due to the implementation of the RAP are considered. 11.1 Anticipated environmental impacts due to the RAP implementation The level of relocation/resettlement required for the resettlement process is relatively low since there are not many towns to be affected. In the rural areas, the PAPs do not have access to proper infrastructure service (i.e. electricity, potable water supply, sewerage system etc.). Absence of proper sanitation is another problem of the towns and villages along the road project. Therefore, if proper sanitation won't be provided in the resettlement sites, the health of the resettles would be jeopardized including the urban areas. The main environmental impact due to the implementation of the RAP would be linked to the clearing of trees, bushes and shrubs and so that at one time or another, the proposed areas for resettlement would be cleared by the local people. 11.2 Environmental protection and management considerations The following consideration must be taken into account during the relocation process:  Relocation sites should not be located in degraded land  Relocation sites should not be located on land with gradients greater than optimum level in order to minimize soil erosion  Relocation sites should not be located close to rivers and streams During the clearing and preparation of land, care must be taken to avoid important endemic plant species, which are considered to be endangered in the area. Indigenous trees such as Junipers procera� (tid) and others need to be preserved and precaution should be taken while resettling the community in settlement area. Thus, the following measures need to be taken as mitigation measures to the adverse impacts of the resettlement program: 63 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  All indigenous trees must be preserved, unless there is good reason to cut them down for the purposes of construction purpose  Only the land that is required solely for the purposes of resettlement should be cleared.  All cleared land must be planted as soon as possible to protect the exposed land against soil erosion  Wherever possible, soil conservation methods (such as terracing) should be employed. 64 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report XII. DESCRIPTION OF ORGANIZATIONAL RESPONSIBILITIES The Ethiopian Roads Authority (ERA) has been vested with the overall responsibility for the coordination, planning and implementation of land acquisition and resettlement activities under the Project. The actual implementation of land acquisition and resettlement work will be carried out also by ERA. Figure 1 Schematic Presentation of Resettlement Committee ERA SECTOR OFFICES WEREDA PROJECT AFFECTED REPRESENTATIVE & Elders KEBELE COMPENSATION COMMITTEE 12.1Woreda and Municipality Level Compensation and Relocation Committee The Compensation and Relocation Committee would be responsible for the planning, coordinating and monitoring of compensation and relocation activities. This committee would be responsible for:  Value the properties and lands to be affected  Establishing kebele level implementation committees  Coordinating and supervising implementation by kebele compensation committees as stipulated in federal and regional guidelines  Ensuring that appropriate compensation procedures are followed  Overseeing Project’s requirements related to the social environment The following organizational framework would apply: 65 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table: 12.1 Role and Responsibilities of implementing agencies No Organizations Roles and responsibilities 1 Zonal Water Bureau Manages , coordination (planning and implementation process); Budget allocation for project; Monitoring and Evaluation 2 Environmental Protection Ensure that the Social and Environmental Policies Authority (EPA) and guidelines are followed up 3 Regional Government Provide Political and Administrative support for the States implementation of the project 4 Zonal Administrations Coordinate the different Woredas affected by the project; coordination of restoration methods for PAPs. 5 Woreda Administrations Responsible for the implementation of the project activities, establish compensation committees at kebele level, ensure that PAPs are compensated as per the federal and regional guidelines. 6 Woreda Agricultural Office Establish unit rate for crops and different types of trees. 7 Municipalities Responsible for the implementation of Project activities in town sections; establish compensation committees at urban kebele level; ensure that PAPs are compensated as per federal and regional guidelines; awareness creation, grievance redress. Allocate land for the affected families; Establish Kebele Administration kebele level compensation committee; 8 (Rural and Urban) Coordinate day to day activities of the compensation committee; Assist vulnerable PAPs 9 Sector Bureaus Assist the implementation as required 66 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report XIII. DESCRIPTION OF PROVISIONS FOR REDRESS AND GRIEVANCES In order to ensure that PAP grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to PAPs to put forward their grievances, a well defined grievance redress mechanism will be established by the Project. 13.1 GRIEVANCE REDRESS In the initial instance, grievances will be dealt with the Compensation and Relocation Committees. These committees comprise of:  Local Authority Resettlement Sub-Committees  Representative of Land Use and Land Administration Authority  ERA Representative  Local leaders in affected villages/local areas  Representatives of PAPs  Local NGOs and CBOs. In the above committee the number of member from each institute is one except PAPs where is more than one as appropriate to localize it. 13.2 GRIEVANCE REDRESS MECHANISM Where disputes arise between principal parties and PAPs, the initially preferred means of settling grievances is by arbitration as per Ethiopian law (Article 3325 - 3336) of the civil code. Grievances will be initially addressed at the level of the Local Compensation and Implementing Committee. If an agreement not be reached at this level, the complaint may be taken to the Local Authority level Compensation Committee. If the complaint is not resolved at this level, the aggrieved party has the right to appeal to a court of law. Most importantly all the disputes should be documented and should be submitted / available at the local at the local administration office. However, once the matter is taken to the courts of law, the decision of the court shall be final as per proclamation 455/2005, article 11, sub-article 4 of Ethiopian law. However, it may take years to settle, and the aggrieved PAP may lose out in the end, even if he/she succeeds in court. Thus, the Resettlement Implementation Committee should try resolutely to resolve any complaint at the very initial stages. Grievances are first preferred to be settled amicably whenever possible. That is, positive discussions are made to convince the affected PAP in the presence of elders, local administration representative or any influential person in the locality. If the PAP is not convinced with what has been proposed, as stated above, he can take the case to the court. 67 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report However, to avoid taking the case to court and to speedily and amicably settle the dispute arbitrational committee will be established by ERA. The committee will be established by members drawn from each Woreda, ROW agent and representatives of PAPs. Arbitrational committee members 1. Representative of Woreda Administration – Chair Person 2. Representative of Kebele Administration 3. Two representatives of PAPs 4. ROW Agent 68 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report XIV COMPENSATION IMPLEMENTATION SCHEDULE A schedule for implementation of resettlement and compensation activities is included in Table 14.1. The schedule is related to the implementation schedule for the Project. All compensation and resettlement for each component of the Project must be completed satisfactorily, income restoration measures in place and the construction area free of all impediment before commencement of civil works for that component. The main objective in implementing this schedule is to ensure that compensation for land acquisition and lost assets is disbursed in time to enable affected households to construct dwellings and to restore livelihoods, and for affected public services to be fully reinstated prior to the commencement of the Project. 14.1 Ccompensation delivery mechanisms The implementation of resettlement and compensation activities should follow series of activities. The following are activities of compensation delivery mechanisms before commencement of construction to ensure the participation and consultation of PAPs, namely:  The establishment of Compensation and Relocation committees;  The establishment of Grievance committees  Confirmation of project effects based on detail engineering survey, design and construction plan  Carry out final survey and prepare revise inventory of PAPs.  Carry out further community consultation on revised inventory of PAPs  Dissemination of relocation information and details of land acquisition activities  Negotiation between PAPs and the Compensation and Relocation representatives regarding acquisition and the type and measurement of structures and land parcels;  Holding village meetings to decide upon the location of new house sites,  Notify PAPs of the project, effects and compensation and other entitlement and grievance measures.  Compensation arrangements and income restoration measures  Compensation rates are worked our based on the current market values  Compensation rates will be sent to PAPs  If there is an appeal then negotiation shall be carried out.  Finally the compensation amount will be sent to the PAPs through Bank account of the PAPs individually. The timing of these activities is designed to allow the executing agency time to respond to practical and useful suggestions made by PAPs and to respond to, and resolve, grievances. 69 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report Table 14.1 COMPENSATION AND LAND ACQUSATION PLAN TASK Months 1 Consultation 1-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20 21-22 23-24 2 Project Processing 2.1 Project appraisal 2.2 Project approval 2.3 Tendering 2.4 Employment of Contractor 3 Land acquisition and resettlement: Preparation 3.1 Establish Resettlement committee 3.2 Mark Right of Way 3.3 Conduct Detailed measurement survey 3.4 Fix compensation rate and options through the committee meeting 3.5 Finalize the resettlement / relocation of the study document 4. Land acquisition and resettlement: Implementation 4.1 Pay compensation fees to land holding groups and APs 4.2 Construction new houses 4.3 Grievance and Redress measures 4.4 Land Redistribution / Income restoration / Training 5 Monitoring 70 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report XV. FRAMEWORK FOR MONITORING AND EVALUATION 15.1 Internal Monitoring It is the responsibility of the proponent to conduct regular internal monitoring of the resettlement performance of the operation. The monitoring should be a systematic evaluation of the activities of the operation in relation to the specified criteria of the condition of approval. Monitoring will takes place as long as the RAP is under implementation The responsible ERA branch (ESMT & RoW) will be responsible for implementing resettlement and compensation activities for the Project and it will therefore be their responsibility to undertake regular internal monitoring of the process. The objective of internal monitoring and supervision will be:  To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the resettlement policies provided by the Ethiopian Government and the World Bank;  To oversee that the RAP is implemented as designed and approved;  To verify that funds for implementation of the RAP are provided by the Project authorities in a timely manner and in amounts sufficient for their purposes, and that such funds are used in accordance with the provisions of the RAP. 15.2 Internal monitoring indicators The main indicators that will be monitored regularly:  Payment of compensation to the PAPs in the various categories is made in accordance with the level of compensation described in the RAP  Public information and public consultation and grievance procedures are followed as described in the RAP  Relocation and payment of subsistence and shifting allowances are made in a timely manner  Restoration of affected public facilities and infrastructure are completed prior to construction 15.3 External Monitoring and Evaluation The Consultant recommends that an independent monitoring unit (IMU) be established to evaluate implementation of compensation and resettlement. 71 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report The IMU shall be appointed to monitor the resettlement and compensation process and implementation of requirements to verify that compensation, resettlement and rehabilitation have been implemented in accordance with the agreed RAP. The IMU will also be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. More specifically, the IMU will carry out the following:  Review the results of the internal monitoring and review overall compliance with the RAP  Assess whether relocation objectives have been met especially with regard to housing, living standards, compensation levels, etc.  Assess general efficiency of relocation and formulate lessons for future guidance  Determine overall adequacy of entitlements to meet the objectives. The Consultant recommends that ERA establishes an IMU that draws on personnel with resettlement and social development experience. The Consultant further recommends that relevant representatives be included in this unit. Project Affected Persons should be represented through relevant NGOs. The objective of this unit will also be to provide a forum for skills-sharing and to develop institutional capacity. It is important that the Unit is able to maintain a strong independent position and provide constructive feedback to the project to ensure the objectives are met. The resettlement action plan will be monitored, apprised and evaluated by The World Bank apart from the monitoring and evaluation to be done by the independent monitoring unit. 15.3.1 Outcome Indicators for Monitoring and Evaluation Outcome indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the Project. A key objective of the RAP is that resettlement actions and mitigation measures should lead to sustainable restoration or enhancement of affected people’s pre- project living standards and income levels. Outcome indicators measure whether compensation is paid and received, whether the affected populations were able to use compensation payment for investments that would give them sustained income. Outcome indicators will include:  Restoration of agricultural production and overall income levels  Successfully negotiated land agreements 72 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report  Satisfaction with reinstatement activities  Changes in community attitude towards the project  Types of compensation payments for income generating investments 73 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report XVI. CONCLUSIONS 16.1 Conclusion Based on the findings of this social impact analysis, the construction and operation of this Road project will have several beneficial as well as adverse impacts on social and natural environment within the area of influence of the road. The construction of the proposed road will not cause significant socio-environmental effects that cannot be minimized with normal good engineering practices and with integrating the proposed environmental and social mitigation measures in the planning and execution of the project. Most of the social impacts are moderate and will be reversible with community consultation and involvement and designing considering the needs of the community as appropriate and possible. Impacts like loss of fertile farmland, housing, plantation will be permanent impacts. Temporary impacts stem from ground disturbance for the road construction and for obtaining construction materials, as well as operation of construction equipment and camps or housing of the labor force. These temporal impacts can be reduced to acceptable levels with good engineering practices and integration of restoration and other mitigation measures in the planning and implementation of the project. The construction of the proposed road (except the loss of farmland and housing) will not cause such environmental effects that cannot be minimized with normal good engineering practices and with integrating some environmental and social mitigation measures in the planning and execution of the project. 74 Highway Engineers and Consultants PLC March 2012 Consultancy Services for Detailed Engineering Design and Tender Document Preparation of Mizan - Dima Project Updated RAP Report References: Ethiopia: Sustainable Development and Poverty Reduction Program (2002) Federal Democratic Republic of Ethiopia (FDRE) and Ministry of Finance and Economic Development (MOFED), Addis Ababa, Ethiopia. ERA, 2002, Resettlement/Rehabilitation policy framework Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia. (2000) A Proclamation to Provide for Research and Conservation of Cultural Heritage th (Proclamation No. 209/2000) No. 39 Addis Ababa 27 July 2008 Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia. (2005) A Proclamation on Expropriation of Landholdings for Public Purposes and Payment of th Compensation ( Proclamation, No. 455/205) N0.43 Addis Ababa 15 July 2005 World Bank Environmental Department (1999). Public Consultation in the Environmental Assessment Process. Environmental Assessment Sourcebook Update, No 26. May World Bank, (2002) Handbook for Preparing a Resettlement Action Plan (IFC Environment and Social Development Department) 24674 April Statistical Report (2004) Federal Democratic Republic of Ethiopia Central Statistical Authority, Addis Ababa. 75 Highway Engineers and Consultants PLC March 2012