STRATEGY AND CORPORATE SERVICES DIRECTORATE ABBREVIATED RESETTLEMENT ACTION PLAN FOR THE PROPOSED ELECTRICITY SERVICE ACCESS PROJECT – COMPONENT A2, SOUTHERN PROVINCE PREPARED BY ZESCO LIMITED-ENVIRONMENT AND SOCIAL ANALYSIS UNIT JANUARY, 2021 EXECUTIVE SUMMARY The Government of the Republic of Zambia (GRZ) requested for World Bank (WB) financing for the Electricity Services Access Project (ESAP). The objective of the project is to increase electricity access in targeted rural areas of Zambia. The project will comprise three components namely; on-grid electricity access expansion (Component A), off-grid electricity access expansion (Component B) and technical assistance (Component C). The Project is consistent with the long-term development objectives of the GRZ, as articulated in the Vision 2030 and the Seventh National Development Plan (7NDP). The overall Project coordination will be undertaken by the Ministry of Energy (MoE) through a Project Steering Committee (PSC) with the Rural Electrification Authority (REA) and ZESCO Limited as the implementing agencies. It is envisaged that REA will serve as a Fund Manager for all the Project funds while ZESCO will implement activities under Component A which will provide Output Based Aid (OBA) subsidies for consumer connections (Sub-Component A1) and finance network reinforcements and extensions for on-grid electrification (Sub-Component A2). Implementation of Component B, off-grid electricity access expansion will be undertaken by REA, through a grant facility from the World Bank. Sub-Component A2 will involve the construction of High Tension (HT) 33/11kV and Medium/Low Voltage (MV) 400/230V distribution lines and installation of distribution transformers in selected rural areas of nine (9) provinces namely: Northern, North- Western, Luapula, Muchinga, Copperbelt, Eastern, Western, Southern and Central provinces. The total distance for the proposed distribution lines to be constructed is 381.75km of MV lines, 96.62km of HT lines and installation of 241 transformers in all the nine (9) provinces. It is worth noting that the distances of the proposed HT lines will range approximately between 50 and 2000 meters. Brief Description of the Project Sub-component A2 will involve extension and strengthening of the grid network to accommodate new connections. The works under this sub-component will largely consist of construction of HT (33/11kV) distribution lines, installation of distribution transformers, and construction of MV/LV distribution lines (400/230V). Project Objective The overall objective of the ESAP is to increase electricity access in targeted rural areas across Zambia. i Project Area, Cost and Implementation Date The project area is located in Kazungula, Sinazongwe, Gwembe, Pemba and Monze Districts of Southern Province. The construction works of the power lines is estimated to cost USD 692,294.54. The construction activities will only commence once this Abbreviated Resettlement Action Plan (ARAP) has been approved by the World Bank and implemented accordingly by ZESCO. Rationale for Preparation of Abbreviated Resettlement Action Plan The planned 33/11kV power lines have the wayleave clearance/Right-Of-Way (ROW) of 22m width (11m on either side of the centre). No settlements, trading facilities or trees are permitted within the wayleave. It is the desire of ZESCO that the planned works should not negatively affect the livelihoods of the people living near the line routes. Therefore, people’s assets within the ROW that have to be demolished as a result of the proposed works should be compensated for accordingly at replacement costs in order to mitigate the negative impacts on the affected asset owners. Objective of the ARAP The objective of the ARAP is to ensure that all the persons affected by the project are exclusively engaged and adequately compensated for loss of assets and other livelihoods. Scope of the ARAP This abbreviated plan covers the following minimum elements: ✓ identification of project impacts and affected populations; ✓ legal framework for land acquisition and compensation; ✓ compensation framework; ✓ description of resettlement assistance and restoration of livelihood activities; ✓ detailed budget; ✓ implementation schedule; ✓ description of organizational responsibilities; ✓ framework for public consultation, participation and development planning; ✓ description of provisions for redress of grievances; ✓ framework for monitoring, evaluation and reporting; and ✓ socio-economic and income restoration measures1 1In case some of the displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. ii POLICY, LEGAL FRAMEWORK AND INTERNATIONAL STANDARDS Policy Framework ✓ Involuntary Resettlement Guidelines from the Office of the Vice President Legal Framework ✓ The Constitution of Zambia (Amendment), 2016 ✓ The Lands Acquisition Act, 1994 ✓ The Urban and Regional Planning Act, 2015 ✓ The Lands Act (Cap 184) ✓ The Local Government Act No 2 of 2019 ✓ The Land Survey Act – Cap 188 ✓ The Environmental Management Act (EMA), No. 12 2011 ✓ The Environmental Impact Assessment (EIA) Regulations, SI 28 of 1997 ✓ Arbitration Act, No. 19 of 2000 ✓ National Resettlement Policy of 2015 ✓ The Disaster Management Act No. 13 of 2010 ✓ Electricity Act, No. 11 of 2019 ✓ Energy Regulation Act, No. 12 of 2019 International Standards ✓ World Bank Resettlement Guidelines ✓ International Finance Corporation Guidelines METHODOLOGY The following activities formed the methodology used to prepare the ARAP: ✓ Inventory and identification of affected assets ✓ Census survey of affected PAPs − Enumeration and Registration − Identification of affected structures and fruit trees − Beneficiary Capping ✓ Data analysis The completion of the census represented a cut-off date for eligibility for resettlement assistance. The cut-off date is the date of completion of the census and assets inventory of persons affected by the project. The inventory and valuation of fruit trees was completed on 3 December 2020 and thus set as the cut-off date. iii PROFILE OF PROJECT AFFECTED PERSONS The socio-economic baseline for the Project Affected Persons (PAPs) is based on the census and asset survey that was conducted, and a total of six (6) PAPs in Pemba and Monze Districts of Southern Province will be affected by the proposed project. All the 6 PAPs have fruit trees affected. Refer to the table below for the summary of PAPs with affected fruit trees. Summary of PAPs Affected Quantity Total number of PAPs with fruit trees only 6 Total number of PAPs with structures 0 Total number of affected persons 6 PROJECT IMPACTS The identified impacts are summarised in the table below: Summary of Project Impacts Impact Total Number Structures 0 Fruit trees 15 RESETTLEMENT BUDGET AND SCHEDULE The total budget to implement the ARAP is K37,346.50 and will ONLY cover compensation for loss of fruit trees. Considering that all the PAPs only have fruit trees to be affected, the implementation budget does not take into account the following: • Loss of business arising from relocation of business structures and business interruption; • Replacement of permanent structures and land development costs; and • Livelihood restoration (money management training and transitional support) CONCLUSION This Abbreviated Resettlement Action Plan (ARAP) has detailed the potential impacts of Component A2 in Southern Province on the PAPs and presents mitigation measures for the economic loss caused by the Project. ZESCO Limited has committed to implementing iv this Plan according to its internal procedures and within the budget that has been allocated for this project. VICTOR M MUNDENDE MANAGING DIRECTOR – ZESCO LIMITED v TABLE OF CONTENTS EXECUTIVE SUMMARY ...............................................................................................i ABBREVIATIONS AND ACRONYMS ............................................................................ ix GLOSSARY OF TERMS ............................................................................................... x 1.0 INTRODUCTION ..............................................................................................1 1.1 Project Background .......................................................................................1 1.2 Project Objective ..........................................................................................1 1.3 Project Justification .......................................................................................1 1.4 The Project Proponent ..................................................................................2 1.5 Project Area .................................................................................................2 1.6 Rationale for preparation of Abbreviated Resettlement Action Plan ..................2 1.7 Objectives of the ARAP .................................................................................3 1.8 Scope of the ARAP ........................................................................................3 1.9 Policy and Principles......................................................................................3 1.10 Stakeholder Engagements ..........................................................................4 2.0 POLICY AND LEGAL FRAMEWORK .....................................................................5 2.1 Legal Framework ..........................................................................................5 2.2 Policy Framework ....................................................................................... 11 2.3 International Standards ............................................................................... 12 2.3.1 World Bank Resettlement Guidelines ...................................................... 12 2.3.2 International Finance Corporation Guidelines .......................................... 13 2.4 Gap Analysis – Zambian Legislation and World Bank Safeguard Policies ......... 15 2.5 Best Practice Perspective ............................................................................. 18 3.0 APPROACH AND METHODOLOGY .................................................................... 20 3.1 General Approach ....................................................................................... 20 3.2 Methodology .............................................................................................. 20 3.2.1 Inventory and identification of affected assets ........................................ 20 3.2.2 Census survey of PAPs .......................................................................... 20 3.2.3 Data Analysis ....................................................................................... 21 vi 4.0 SOCIO-ECONOMIC BASELINE ASSESSMENT .................................................... 22 4.1 Regional Overview ...................................................................................... 22 4.1.1 Administrative Structures ...................................................................... 22 4.2 Socio-economic conditions in the area.......................................................... 23 4.2.1 Community Profile and Demography ...................................................... 23 4.2.2 Culture and Ethnic groupings................................................................. 25 4.2.3 Land Use and Settlement ...................................................................... 25 4.2.4 Typical housing types ........................................................................... 25 4.2.5 Water Supply and sanitation .................................................................. 26 4.2.6 Local Economy ..................................................................................... 26 4.3 Profile of Project Affected Persons ............................................................... 27 4.3.1 Summary of PAPs ................................................................................. 27 4.3.2 Households affected by loss of dwelling structures.................................. 29 4.3.3 Vulnerable PAPs ................................................................................... 29 4.3.4 Employment and livelihoods .................................................................. 29 4.3.5 Details of affected properties ................................................................. 29 5.0 ENTITLEMENT FRAMEWORK .......................................................................... 31 5.1 Compensation Eligibility .............................................................................. 31 5.2 Project Impacts .......................................................................................... 31 5.2.1 Loss of crops and trees of economic value ............................................. 31 5.2.2 Loss of built structures .......................................................................... 32 5.2.3 Loss of revenue/income ........................................................................ 32 5.2.4 Loss of dwelling places.......................................................................... 32 5.3 Compensation Calculation Methods .............................................................. 32 5.4 Entitlements ............................................................................................... 33 5.5 Summary of compensation packages ........................................................... 35 5.5.1 Standing crops and Fruit-bearing trees................................................... 35 5.5.2 Residential and business structures........................................................ 36 5.5.3 Other allowances .................................................................................. 36 5.6 Process for fulfilling compensation and providing assistance .......................... 36 vii 6.0 RESETTLEMENT PLANNING ............................................................................ 37 6.1 Physical Resettlement ................................................................................. 37 6.2 Relocation Site............................................................................................ 37 7.0 IMPLEMENTATION ......................................................................................... 38 7.1 Government of the Republic of Zambia and Rural Electrification Authority ...... 38 7.2 ZESCO Limited............................................................................................ 38 7.3 Government of the Republic of Zambia and the Traditional Authority ............. 38 7.4 Non-Governmental Organisations................................................................. 39 7.5 Grievance and Dispute Resolution ................................................................ 39 7.5.1 Approach ............................................................................................. 39 7.5.2 Time Frame .......................................................................................... 39 7.5.3 Appeals ................................................................................................ 39 7.5.4 Grievance Form .................................................................................... 40 8.0 MONITORING AND EVALUATION .................................................................... 41 8.1 Performance Monitoring .............................................................................. 41 8.2 Effects Monitoring ....................................................................................... 41 8.2.1 Quantitative Monitoring ......................................................................... 41 8.2.2 Qualitative Monitoring ........................................................................... 41 8.3 Completion Audit ........................................................................................ 42 9.0 RESETTLEMENT BUDGET AND SCHEDULE ....................................................... 43 10. CONCLUSION ................................................................................................ 44 11 References .................................................................................................... 45 APPENDICES........................................................................................................... 46 APPENDIX 1 - Physical Asset Questionnaire ........................................................... 46 APPENDIX 2 – Grievance redress mechanism form ................................................. 46 APPENDIX 3 – Business operations questionnaire................................................... 46 APPENDIX 4 – Cut-off Date Notice ........................................................................ 46 APPENDIX 5 – Signed consents for compensation .................................................. 46 APPENDIX 6 – Scanned valuation reports .............................................................. 46 viii ABBREVIATIONS AND ACRONYMS 7NDP Seventh National Development Plan ARAP Abbreviated Resettlement Action Plan CBO Community Based Organisation CSO Central Statistical Office DDCC District Development Coordinating Committee EIA Environmental Impact Assessment EMA Environmental Management Act ESAP Electricity Service Access Project GBV Gender Based Violence GRZ Government of the Republic of Zambia HT High Tension IAPs Interested and Affected Parties IDPs Internally Displaced Persons IFC International Finance Corporation KM kilometre kV kiloVolt MLG Ministry of Local Government MoE Ministry of Energy MV Medium Voltage NGO Non-Governmental Organisation NRC National Registration Card OBA Output Based Aid PAH Project Affected Households PAPs Project Affected Persons PSC Project Steering Committee RAP Resettlement Action Plan REA Rural Electrification Authority RICS Royal Institute of Chartered Surveyors ROW Right of Way WB World Bank ZEMA Zambia Environmental Management Agency ix GLOSSARY OF TERMS Abbreviated Resettlement Action Plan (ARAP) - A public document that specifies the procedures and actions to be undertaken to mitigate adverse effects, compensate losses, and provide development benefits to project affected households. An ARAP is recommended for less than 200 PAPs. Compensation—Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off date—Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Economic displacement—Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) resulting from the construction or operation of a project or its associated facilities. Involuntary resettlement—Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Physical displacement—Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location. Project-affected household—All members of a household, whether related or not, operating as a single economic unit, who are affected by a project. Project-affected person—Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Resettlement Action Plan (RAP)—The document in which a project proponent or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement assistance—Support provided to people who have been physically displaced by a project. Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost workdays. x Replacement cost—The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures. Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Vulnerable groups—People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. xi LIST OF TABLES Table 1: Differences between Zambia law/regulation and WB Policy ..................................... 16 Table 2: Demographic profile of the districts in the project areas ......................................... 23 Table 3: Constituency and Ward Demographic Profile.......................................................... 23 Table 4: Summary of PAPs ................................................................................................ 28 Table 5: Summary of PAPs by Gender and Age ................................................................... 28 Table 6: Summary of Vulnerable PAPs ................................................................................ 29 Table 7: List of PAPs and affected fruit trees ...................................................................... 30 Table 8: Summary of Project Impacts ................................................................................ 31 Table 9: Entitlement Matrix................................................................................................ 33 LIST OF FIGURES Figure 1: Grievance Redress Mechanism Process................................................................. 40 xii 1.0 INTRODUCTION 1.1 Project Background The Government of Republic of Zambia (GRZ) requested for World Bank (WB) financing for the Electricity Services Access Project (ESAP). The objective of the project is to increase electricity access in targeted rural areas of Zambia. The project will comprise three components namely; on-grid electricity access expansion (Component A), off-grid electricity access expansion (Component B) and technical assistance (Component C). The Project is consistent with the long- term development objectives of the GRZ, as articulated in the Vision 2030 and the Seventh National Development Plan (7NDP). The overall Project coordination will be undertaken by the Ministry of Energy (MoE) through a Project Steering Committee (PSC) with the Rural Electrification Authority (REA) and ZESCO Limited as implementing agencies. It is envisaged that REA will serve as a Fund Manager for all the project funds while ZESCO will implement activities under the Component A which will provide Output Based Aid (OBA) subsidies for consumer connections (Sub-Component A1) and finance network reinforcements and extensions for on-grid electrification (Sub-Component A2). Implementation of Component B, off-grid electricity access expansion will be undertaken by REA, through a grant facility from the World Bank. Sub-component A.2: Extension and strengthening of the grid network to accommodate new connections The works under this sub-component will largely consist of construction of HT (33/11kV) distribution lines, installation of distribution transformers, and construction of MV/LV distribution lines (400/230V) in selected rural areas of nine (9) provinces namely: Northern, North Western, Luapula, Muchinga, Copperbelt, Eastern, Western, Southern and Central provinces. The total distance for the proposed distribution lines to be constructed is 381.75km of MV lines, 96.62km of HT lines and installation of 241 transformers in all the nine (9) provinces. It is worth noting that the distances of the proposed HT lines will range approximately between 50 and 2000 meters. 1.2 Project Objective The overall objective of the ESAP is to increase electricity access in targeted rural areas across Zambia. 1.3 Project Justification Over the years, access to electricity in the rural areas has been low, therefore the objective of this Project is� to increase electricity access in targeted rural areas of Zambia.� Project beneficiaries including households, businesses, community and public facilities, and farmers located in target rural areas of Zambia, who will benefit from electricity connections. 1 1.4 The Project Proponent ZESCO is the project proponent. It is a vertically integrated electricity parastatal registered under the Companies Act. ZESCO was established in 1970 and is 100% owned by the GRZ. The Company is mandated to Generate, Transmit and Distribute electricity throughout Zambia. ZESCO´s affairs are managed by the following Board of Directors: i. Mr. Chibwe D. Mwelwa – Board Chairperson ii. Mr. George Mpundu Kanji iii. Mr. Pythias Mulenga iv. Mr. David Chipasha v. Ms. Kavumbu Hakachima vi. Mr. Victor M. Mundende vii. Mr. McRobby Chiwale – Board Secretary The contact details for the proponent are as follows: Physical Address ZESCO Limited Stand No. 6949 Great East Road P.O Box 33304 Tel: +260 211 361111 LUSAKA Contact Person Mr. Victor M Mundende Managing Director ZESCO Limited Fax: +260 211 222753 Email: vmmundende@zesco.co.zm Tel: +260 211 361111 1.5 Project Area The project areas are located in Kazungula, Sinazongwe, Gwembe, Pemba and Monze Districts of Southern Province. The Province has an area of 85,823km2 and is one of Zambia's ten provinces, and a home to Zambia's premier tourist attraction, Victoria Falls (Mosi-oa-Tunya), shared with Zimbabwe. Southern Province borders along Zimbabwe in the south divided by Victoria Falls, Central Province in the north, Western Province in the west and Lusaka Province in the north east. 1.6 Rationale for preparation of Abbreviated Resettlement Action Plan The planned 33/11kV power lines have the wayleave clearance/Right-Of-Way (ROW) of 22m width (11m on either side from the centre). No settlements, trading facilities or trees are permitted within the wayleave. It is the desire of ZESCO that the planned works should not 2 negatively affect the livelihoods of the people living near the line routes. Therefore, people’s assets that are within the ROW that have to be demolished as a result of the proposed works should be compensated for accordingly at replacement costs in order to mitigate the negative impacts on the PAPs. This Abbreviated Resettlement Action Plan (ARAP) was prepared for ESAP sites in Southern Province. The ARAP describes the policies, procedures and processes that will be followed throughout the Project in the course of mitigation of adverse social impacts due to project activities among the PAPs, with and without legal title, whose properties, businesses and other assets are likely to be affected by the construction works. The ARAP is prepared to guide land acquisition and resettlement for the construction of the power lines in accordance with the requirements of the World Bank (WB) Operational Policy 4.12 and the national legislation. According to OP 4.12, all projects that entail land acquisition or/and resettlement require a Resettlement Action Plan (RAP). 1.7 Objectives of the ARAP The main objective of the ARAP is to ensure that all the PAPs are exclusively engaged and adequately compensated for the loss they are going to incur as a result of the Project. 1.8 Scope of the ARAP This ARAP covers the following minimum elements: ✓ identification of project impacts and affected populations; ✓ legal framework for land acquisition, resettlement and compensation; ✓ compensation framework; ✓ description of resettlement assistance and restoration of livelihood activities; ✓ detailed budget; ✓ implementation schedule; ✓ description of organizational responsibilities; ✓ framework for public consultation, participation and development planning; ✓ description of provisions for redress of grievances; and ✓ framework for monitoring, evaluation, and reporting. 1.9 Policy and Principles Where disturbance is unavoidable, there is need to minimize adverse effects on people and on the environment through judicious routing or siting of project facilities. The aim of the involuntary resettlement policy is to ensure that people who are physically or economically displaced as a result of a project end up better - off than they were before the project was undertaken. Resettlement is involuntary when it occurs without the informed consent of the displaced persons or, if they give their consent, without having the power to refuse resettlement. 3 Displacement may be either physical or economic. Physical displacement is the actual physical relocation of people resulting in a loss of shelter, productive assets or access to productive assets (such as land, water, and forests). Economic displacement results from an action that interrupts or eliminates people’s access to productive assets without physically relocating the people themselves. International Finance Corporations (IFC’s) policy applies in either situation. While land acquisition does not necessarily require the displacement of people occupying or using the land, it may have an effect on the living standards of people who depend on resources located in, on, or around that land. The involuntary resettlement policy applies under all conditions of potential physical or economic displacement resulting from the acquisition or use of land for a project regardless of the total number of people affected or the significance/severity of anticipated impact. Thus, resettlement activities should result in measurable improvements in the economic conditions and social well- being of affected people and communities. The preparation of this ARAP has adhered to a number of basic principles for addressing the adverse effects of involuntary resettlement associated with the proposed Project. These principles are: ✓ Involuntary resettlement should be avoided. ✓ Where involuntary resettlement is unavoidable, all people affected by it should be compensated fully and fairly for lost assets. ✓ Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly. ✓ All people affected by involuntary resettlement should be consulted and involved in resettlement planning to ensure that the mitigation of adverse effects as well as the benefits of resettlement are appropriate and sustainable. 1.10 Stakeholder Engagements During the preparation of the ARAP, stakeholders that were engaged included Officials at District level and the Traditional Authorities where the project will be implemented. The purpose of this engagement was to obtain relevant information pertaining to the area and in particular the project affected people. Detailed one – on - one discussions were held with each of the persons identified to be affected by the project. Questionnaires were used to collect relevant information from the affected persons. 4 2.0 POLICY AND LEGAL FRAMEWORK Zambia has several pieces of legislation that support restoration of livelihoods and resettlement of persons affected by project activities. 2.1 Legal Framework The principal policy on Resettlement is the National Resettlement Policy of 2015 which provides guidance on how to deal with issues relating to land acquisition, compensation and resettlement during implementation of projects. Other relevant legislation includes but not limited to; The Lands Acquisition Act, 1994 The Lands Acquisition Act was developed to make provision for the compulsory acquisition of land and other property. Section 12 (b) of The Lands Acquisition Act of 1994 provides that any person whose property is affected by a public project is entitled to compensation, and provides a mechanism by which people not satisfied with compensation may seek redress through the courts of law. The value of the compensation due is described as below: “The value of property shall, subject as hereinafter provided, be the amount which the property might be expected to realize if sold in the open market by a willing seller at the time of publication under section seven of the notice to yield up possession�. The basis for assessment of compensation includes: ✓ Enhancement of value of land by reason of proximity of any improvements or works made or constructed on part acquired; and ✓ Damage if any, sustained by the person having an estate or interest in land by reason of severance of such land. Other relevant provisions in the Land Acquisition Act are that: ✓ The President may compulsorily acquire any property of any description, whenever he is of the opinion that it is in the interests of the Republic so to do. This is done by way of notice of intention to acquire property. ✓ The Minister or any person claiming any interest in the property may institute proceedings in the Court for the determination of such dispute if there is any outstanding dispute relating to or in connection with the property. ✓ No compensation shall be payable in respect of undeveloped land or unutilized land. However, where the land acquired is unutilized land to which an absentee owner is beneficially entitled, compensation shall be payable in respect of the unexhausted improvements on unutilized land. 5 Undeveloped Land Land shall be deemed to be undeveloped if it is inadequately developed bearing in mind the reason only- a) that it has been fenced or hedged; or b) that it has been cleared, levelled or ploughed; or c) that it consists of a cleared or partially cleared site of some former development; or d) that it is being used, otherwise than as an ancillary to adjacent land which is not undeveloped or unutilized land, as a place of deposit for refuse or waste or as standing or parking places for vehicles: In the case of land in a rural area which is used for agricultural, pastoral or mixed agricultural and pastoral purposes, the land shall not be deemed to be undeveloped unless such land has not been used for cultivation or pasturage or mixed cultivation and pasturage, as the case may be, at any time during the period of two years immediately preceding the publication of the notice to yield up possession. Unutilised land Land shall be deemed to be unutilised- a) in the case of land in a rural area, if the land is not in accordance with good estate management; b) in the case of land in an urban area, if: i. it has been developed by erection of buildings, structures or works which have fallen into substantial disrepair or into disuse, and the land has been unoccupied, or occupied solely by persons employed as watchmen, for a continuous period of not less than three months preceding the publication of the notice to yield up possession; or ii. it is used at the time of the publication of such notice solely for cultivation or pasturage or both cultivation and pasturage; or iii. it is used at the time of the publication of such notice solely for habitation, in dwellings of their own construction or adapted from buildings formerly abandoned by persons holding at the will of a person having title to the land or by trespassers. Absentee owner a) in the case of an individual, a person who is not ordinarily resident in Zambia; b) in the case of a partnership, a co-ownership or a body corporate, one in which the effective control lies, directly or indirectly, in the hands of individuals who are not ordinarily resident in Zambia. Relevance The development of this project will entail the acquisition of land. Most of the parcels of land observed on the line routes are under customary tenure. However, there were a few isolated cases where the land has been converted to state ownership. The levels of improvements on the parcels of land varies from one area to another. 6 Compliance No land shall be acquired compulsorily without adequate compensation being given to the affected households. In so doing, ZESCO shall ensure that the same conditions or better are maintained even after land acquisition and compensation. Improvements made to the land and the existing land-use activities for the land to be acquired will be taken into account. The Urban and Regional Planning Act, 2015 This piece of legislation was developed, among other functions, to: ✓ Provide for a framework for administering and managing urban and regional planning; ✓ establish a democratic, accountable, transparent, participatory and inclusive process for urban and regional planning that allows for involvement of communities, private sector, interest groups and other stakeholders in the planning, implementation and operation of human settlement development; ensure functional efficiency and socioeconomic integration by providing for integration of activities, uses and facilities; ✓ establish procedures for integrated urban and regional planning in a devolved system of governance so as to ensure multi-sector cooperation, coordination and involvement of different levels of ministries, provincial administration, local authorities, traditional leaders and other stakeholders in urban and regional planning; and ✓ ensure sustainable urban and rural development by promoting environmental, social and economic sustainability in development initiatives and controls at all levels of urban and regional planning. Relevance The Act provides for the appointment of regional planning authorities, provincial planning authorities and local planning authorities whose main responsibilities are the preparation, approval of layout plans and revocation of development plans. The local authorities have role to play in the development and maintenance of wayleaves (clearance). The proposed project is expected to fit into the integrated development planning of the districts and the province. Compliance The project site plans for the HT lines, engineering designs and any modifications will need to be approved by the affected District Councils before construction can commence in accordance with the planning guidelines and framework set by the authorities. ZESCO will also recognize the jurisdiction of the Southern Province planning authority and its specifications will be complied with. 7 The Lands Act (Cap 184) The Lands Act is the statute governing land administration in Zambia which vests all land in the Country in the President and alienation of land by the President. Relevance The Act gives Zambians an opportunity to participate in the country’s economy. The Minister responsible for lands has also issued Land Circular No. 1 of 1985. This Circular laid down detailed procedures to be followed on land alienation. The main features of the Circular are that: ✓ Chiefs and District Councils are restricted to recommend up to 250 hectares of land on title, per applicant, in Reserve or Trust Lands; and ✓ Chiefs and the District Councils are to certify that they had physically inspected the land in question and that no person’s rights or interests are affected. The Land Act does not comprehensively provide for compensation or resettlement. This is only partially covered in the Mines and Minerals Development Act, Land Survey Act and the Land Acquisition Act. Compliance In the acquisition of land, ZESCO will ensure that the established right channels, both traditional and civil, are adhered to. Where necessary, while determining the value for compensation, ZESCO will take into account the land tenure of the affected people, that is, whether the parcel of land is customary or state land. The Local Government Act, No 2 of 2019 The Act provides for the establishment of Councils in districts, the functions of local authorities and the local government system. Some of these functions relate to pollution control and protection of the environment in general. The main functions of the Public Health Department of the local authority are: ✓ Solid waste management ✓ Food control services ✓ Disease control Relevance The proposed power line project and the affected community are located within Kazungula, Sinazongwe, Gwembe, Pemba and Monze districts and will be included in the district planning 8 Compliance ZESCO will recognise the authority of the local authorities and will be expected to comply with the specifications and any relevant by laws set up by the affected local authority. The Land Survey Act – Cap 188 The Land Survey Act enacted in 1960 was aimed at providing guidelines to be followed when activities relating to land surveying were carried out. The Act among other things provides for the production of survey diagrams, plans, survey beacons and other survey marks. Relevance The land on which the HT lines are to be constructed will need to be surveyed and properly marked. This mapping exercise will also help to identify PAPs and their assets. Compliance Qualified surveyors registered in Zambia will be used. Survey diagrams and plans will need to be provided identifying the land acquired by ZESCO and the structures affected by the project. The Environmental Management Act (EMA), No. 12 2011 The principal legislation governing environmental management in Zambia is the Environmental Management Act (EMA) of 2011. The Act provides for the sustainable management of natural resources and protection of the environment, and the prevention and control of pollution. Relevance Of particular relevance is section 29 of the Act which states that “A person shall not undertake any project that may have an effect on the environment without the written approval of the Agency, and except in accordance with any conditions imposed in that approval�. As defined in section 2 of the Act, “environment� means the natural or man-made surroundings at any place, comprising air, water, land, natural resources, animals, buildings and other constructions. Thus, any land parcels, structures or places where the community depend on for their livelihoods are covered in this definition. In relation to this project, some of the functions of ZEMA are to review the ARAP and undertake environmental auditing and monitoring. The act also provides for public participation in decision-making and access to environmental information. 9 Compliance Environmental and Social screening conducted for the project was cleared by ZEMA and Decision Letters issued. The associated ARAPs for each of the provinces have been prepared before the commencement of construction works. The Environmental Impact Assessment (EIA) Regulations, SI 28 of 1997 The Environmental Impact Assessment (EIA) Regulations, Statutory Instrument 28 of 1997, demands that before a developer commences implementing a project, an EIA report be prepared and submitted to the relevant regulatory authority for review and approval. Regulation 3(2) specifically requires that a developer prepares and submits an EIA report for: (a) Any project set out in the First Schedule, whether or not the developer is part of a previously approved project; (b) Any alterations or extensions of any existing project which is set out in the First Schedule; or (c) Any project which is not specified in the First Schedule, but for which the Council determines a project brief should be prepared. Relevance A project of this nature requires that environmental issues relevant to the project construction and implementation are identified at an early stage and environmental management measures incorporated at the planning stage. The project proponent is required under Regulation 11(h) and (i) of the EIA regulations to assess the “the socio-economic impacts of the project such as resettlement of the affected people� before project implementation. In addition to the assessment, the proponent is expected to develop an “impact management plan containing a description of measures proposed for preventing, minimising or compensating for any adverse impact� of the project. Compliance This ARAP contains the existing socio-economic conditions of the PAPs. The ARAP has also identified the impacts to the affected persons and proposed measures for mitigating these socio- economic impacts. A compensation budget has been included. Electricity Act No. 11 of 2019 The Act under section 29 (2) provides for prompt payment of fair and adequate compensation for any damage or loss suffered during the execution of works. It further provides, if parties fail 10 to agree on the amount for compensation, it shall be determined by a court of competent jurisdiction. Relevance During construction of works, the project is likely to impact people’s assets within the wayleave. Therefore, the Act provides guidance for fair, prompt and adequate compensation. Compliance The Project will provide for payment of compensations for the affected assets. Arbitration Act, No. 19 of 2000 This Act provides for arbitration in cases where the land owner/occupier does not agree with the amount of compensation being offered. Under section 12 (2) of the Act, the parties to arbitration are free to determine the procedure for appointing the arbitrator or arbitrators. Under section 12 (3) (b), if the parties are unable to agree on the arbitration, the arbitrator shall be appointed, upon request of a party, by an arbitral institution. Relevance During construction of works, the project is likely to impact people’s assets within the wayleave. Therefore, those affected will have to be compensated. Compliance In accordance with the Act, the PAPs to be compensated who may not agree with the amount of compensation being offered will be free to appeal to the Courts of Law. 2.2 Policy Framework Guidelines for the Compensation and Resettlement of Internally Displaced Persons These guidelines were developed by the Office of the Vice President to provide a mechanism for dealing with Internally Displaced Persons (IDPs). The guidelines identify rights and guarantees which are relevant to the protection of persons from internal displacements and their protection and assistance during displacements as well as during return, resettlement or re-integration. Further, the Guidelines provide developers/investors with relevant information on their obligations and matters that they need to take into consideration when formulating their projects in order to avoid unnecessary displacements. The Guidelines are consistent with international human rights and international humanitarian law. In particular, Guideline 4 states that “Persons that are physically and economically displaced due to investment or development projects have the right to seek compensation from the developer or investor�. 11 In addition, Guideline 7 recognises the rights of IDPs by stating the following: “Every human being in Zambia shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence.� 2.3 International Standards 2.3.1 World Bank Resettlement Guidelines This ARAP is developed in accordance with the World Bank Policy OP 4.12 on Involuntary Resettlement as an effective and sustainable means of restoring the livelihoods of people affected by the implementation of the project. Where there are gaps between the Zambian legislative norms and the World Bank Policy in regard to compensation for land, the OP 4.12 will apply. In this regard, the OP 4.12 specifies that resettlement compensation and assistance be offered to all displaced persons regardless of the total number affected, the severity of impact, and whether or not they have legal title to the land. In particular, the OP 4.12 indicates that compensation should be made to the following three categories of affected population: • Those who have formal rights to land, including customary and traditional rights recognized under the local laws; • Those who do not have formal rights to land at the time the census began but have a claim to such lands or assets; and • Those who have no recognizable legal right or claim on land they are occupying. OP 4.12 aims to ensure that the following key principles of resettlement are in place: • The PAPs are offered choices including alternative resettlement options that are technically and economically feasible to them and are culturally appropriate. • When the impacts require physical relocation, the resettlement measures must include provision of assistance during relocation (moving allowance), residential housing or housing sites that are at least equivalent to the old site in terms of productive potential and locational advantages. • Preferences are given to land-based resettlement strategies of the displaced people whose livelihoods are land-based and are indigenous. Such strategies must be compatible with their cultural preferences and should be prepared in consultations with them. • The affected people should also be provided with development assistance for losses incurred. • Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, and children, the elderly, ethnic minorities, and indigenous peoples. • Resettlement should include measures to ensure that the affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living. • Compensations must be made in cash or in-kind depending on the preferences made by the affected people. They should be made promptly, in form of a single payment and 12 shall be at a market value agreed to between willing buyers and sellers, which shall be considered as full replacement cost for the lost assets. • Cash compensation for lost assets may be appropriate under the following circumstances: ✓ Where the livelihoods are land based, but the land acquired by the project is a small fraction of the affected asset and the residual is economically viable; ✓ Where there is a sufficient supply of land, housing and labour which can be used by the displaced person; and ✓ Where the livelihoods are not land based. • In regard to public consultation and disclosure, the OP 4.12 indicates that: ✓ The affected people should be identified and informed about their options and rights in regard to resettlement and should be given the opportunity to participate in planning, implementing, and monitoring of the resettlement activities. ✓ A census of the affected population and broad consultations in the affected communities should be undertaken in order not to only identify those to be affected, but also to discourage inflow of people not eligible for assistance. ✓ Participants in the consultations must include community leaders, Non-Governmental Organisation (NGOs), Community Based Organisations (CBOs) and other interest groups active in the project area. 2.3.2 International Finance Corporation Guidelines The IFC Policy and Performance Standards on Social and Environmental Sustainability is an international benchmark for good practice. The general guidelines of the International Finance Corporation include the following: Physical or economic displacement must be avoided or minimised as far as possible, while balancing environmental, social and financial costs and benefits; • When displacement cannot be avoided, the client will offer compensation to displaced persons and communities for loss of assets at full replacement cost and other assistance to help them improve or at least restore their standards of living or livelihoods. Where livelihoods of displaced persons are land-based, or where land is collectively owned, the client will offer land based compensation, where feasible; • Following disclosure of all relevant information, the client will consult with and facilitate the informed participation of affected persons and communities, including host communities, in decision making processes related to resettlement. Consultation will continue during the implementation, monitoring, and evaluation of compensation payment and resettlement to achieve outcomes; • The client will establish a grievance mechanism to receive and address specific concerns about compensation and relocation that are raised by displaced persons or members of host communities, including a recourse mechanism designed to resolve disputes in an impartial manner; 13 • Where involuntary resettlement is unavoidable, the client will carry out a census with appropriate socio-economic baseline data to identify the persons who will be displaced by the project, to determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits. In the absence of host government procedures, the client will establish a cut-off date for eligibility. Information regarding the cut-off date will be well documented and disseminated throughout the project area; • The developer will establish procedures to offer affected persons and communities compensation and other assistance. The procedures will establish the entitlements of affected persons or communities and will ensure that these are provided in a transparent, consistent, and equitable manner. The implementation of the procedures will be considered complete when affected persons or communities have received compensation and other assistance. • Displaced persons may be classified as persons: (i) who have formal legal rights to the land they occupy; (ii) who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws; or (iii) who have no recognizable legal right or claim to the land they occupy. The census will establish the status of the displaced persons. • Where land acquisition for the project causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the client will meet the following requirements: − Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost; − In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of re-establishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery or other equipment; − Provide replacement property (e.g., agricultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable under the national laws; − Compensate economically displaced persons who are without legally recognizable claims to land for lost assets (such as crops, irrigation infrastructure and other improvements made to the land) other than land, at full replacement cost. The client is not required to compensate or assist opportunistic settlers who encroach on the project area after the cut-off date; − Provide additional targeted assistance (e.g. credit facilities, training, or job opportunities) and opportunities to improve or at least restore their income-earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected; − Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living. 14 2.4 Gap Analysis – Zambian Legislation and World Bank Safeguard Policies The main gaps between the national legal framework in the Republic of Zambia and World Bank Safeguard Policies are described below. A Gap Analysis is presented in Table 1. 15 Table 1: Differences between Zambia law/regulation and WB Policy Zambian Legislation WB Involuntary Conclusion on Gap Action to Address the Gap Resettlement Policy Entitlement Zambian law does not a) those who have In general the provisions The WB involuntary policy will formal legal rights of the Zambian legislation be used recognize persons who to land (including and WB’s OP 4.12 are the do not have formal legal customary and same, except provision on title traditional rights persons lacking the formal recognized under legal right over the the property. laws of the country); b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan c) those who have no recognizable legal right or claim to the land they are occupying. Entitlement Compensation under Compensation levels The difference between Compensation will be at the Land Acquisition Act should be sufficient to OP 4.12 practice and replacement value. law is determined in replace the lost land and national legislation is that other assets at full OP 4.12 gives beneficiary accordance replacement cost in local to the PAP by means of markets. improvement of quality of with the prevailing life or restoration to a market price after previous condition. taking into account the value of land, cost of structures (residential and business) & installations, crops, forest land and timber, also it covers 16 Zambian Legislation WB Involuntary Conclusion on Gap Action to Address the Gap Resettlement Policy compensation for transaction costs. Comprehensive resettlement planning There is no requirement World Bank’s OP 4.12 Streamlining the World Bank policy will be under the Zambian law encourages community compensation process to used. for the preparation of a participation in planning ensure that approvals are and implementing consistent with those comprehensive formal resettlement. required by the World resettlement Bank for timely project compensation and approval and action plan (RCAP) implementation. including carrying out a census, social economic survey, consultations with project affected people, monitoring, reporting, etc. The Town and Country Planning legislation which deals with issues of human settlements and development in Zambia does not refer to involuntary settlement but only to the removal of squatters on state lands needed for urban expansion and development. Resettlement Assistance The current Zambian World Bank’s OP 4.12 The difference between World Bank policy will be law provides for the provides for assistance to OP 4.12 practice and used. payment of affected people regardless national legislation is that of the legality of land OP 4.12 gives the PAP compensation at tenure. This covers not some form of assistance market value for losses only physical relocation beyond the value of the of land, buildings, crops but any loss of land or affected assets. and other damages other assets resulting in arising from the relocation or loss of acquisition of land for shelter; loss of assets or project activities. Under access to assets; loss of income source or means the Zambian law, of livelihood whether or moving costs or not the affected people 17 Zambian Legislation WB Involuntary Conclusion on Gap Action to Address the Gap Resettlement Policy rehabilitation support to must move to another restore previous levels location. of livelihoods or living standard are not recognized, and there is no government agency charged with that responsibility. Property measurement Under the Zambian law, World Bank Safeguard The difference between World Bank policy will be compensation is equal resettlement policy OP 4.12 practice and used. to the market value of compensation for lost national legislation is that properties will be OP 4.12 gives the PAP the property without calculated on the basis of compensation amount reference to full replacement cost i.e. which enables depreciation. equal to what enables the replacement whereas the PAP to restore their Zambian law just looks at livelihoods at the level the market value which prior to project may disadvantage the PAP implementation. in case of devaluation. Income restoration The current Zambian World Bank’s OP 4.12 Streamlining the income World Bank policy will be law does not recognize resettlement policy restoration to ensure that used. compensation for lost provision, which requires PAPs are not left out that lost income due to worse than they were income project activity should be before the project. compensated. It should be noted that where the National legislation conflicts with World Bank, Environmental and Social Safeguard Policies the World Bank policies shall supersede. 2.5 Best Practice Perspective ZESCO is committed to meeting international standards for the planning and implementation of resettlement projects. A set of key principles have been adopted by ZESCO as guiding principles for this project. The fundamental principle is the improvement of standards of living and securing tenure where affected persons are displaced from their land. Furthermore, leading international practice prefers compensation in kind over financial compensation (especially for land-based livelihoods) to avoid impoverishment. Cash is only acceptable as compensation for land or housing where there is an active land and housing market and affected persons have participated in this market. 18 Finally, international best practice promotes participatory planning in determining entitlements and compensation rates and to consider options during the resettlement planning. 19 3.0 APPROACH AND METHODOLOGY 3.1 General Approach In order to adequately collect information pertaining to the project area, dominantly quantitative methods were used. These methodologies included: ✓ Inventory and identification of affected assets; ✓ Census survey of PAPs; ✓ Valuation of assets (real estate, other affected property and crops/fruit trees); and ✓ Data check and analysis of gathered data. 3.2 Methodology The following activities formed the methodology that was used to prepare the ARAP: 3.2.1 Inventory and identification of affected assets The identification of affected parcels of land is determined based on the standard wayleave guidelines. The 33/11kV power lines are planned to have a ROW of 22m width (11m on either sides). A detailed survey of all losses that will result from the project for each household, enterprise, or community affected by the project was undertaken using a questionnaire (see appendix 1). The survey took into account land acquisition and loss of physical assets as well as loss of income, temporary or permanent, resulting from displacement of household members from employment or income-generating resources for instance, roadside traders. Inventories of assets were compiled, and PAPs countersigned the Consent forms to minimize the possibility of subsequent claims or disputes regarding claims. 3.2.2 Census survey of PAPs The inventory of affected assets was carried out alongside with the census of PAPs and included the following: 3.2.2.1 Enumeration and Registration Census and registration include the size, distribution, and socio-economic diversity of the affected population, regardless of their legal status. Vulnerable groups living in the project area, such as households headed by women or children, people with disabilities, the extremely poor, the elderly, and groups that suffer social and economic discrimination were identified. 3.2.2.2 Identification of Affected Land Users The identification of affected land users in the project area was determined by on-site assessment, interviews with the community and verification through traditional leadership. It 20 was noted that most of the affected land in the project area is under customary ownership. Further, findings showed that there are few agricultural and no roadside trading activities that will be affected by the project. 3.2.2.3 Beneficiary Capping The completion of the census represented a cut-off date on eligibility for compensation. The cut-off date is the date of completion of the census and assets inventory for the PAPs. The inventory for the fruit trees was completed on 3 December 2020. Persons occupying the project area after this cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, any developments established after the date of completion of the assets inventory, will NOT be compensated. The questionnaires used for the capturing of data included the cut-of-date which was explained to the affected persons. The measures on beneficiary capping were carried out based on an assumption that there will be no significant time lag between the completion of the census and implementation of the ARAP. 3.2.3 Data Analysis The data gathered from both land value assessment and crops value assessment were merged and compared. It was necessary to determine whether some land owners who would lose major part of parcels actually possess other land elsewhere, or they just rely on the land that is to be acquired for the purpose of the project. This approach helped in the determination of initial vulnerability of the land owners. Household data was disaggregated to identify economic streams within communities (the poorest and most vulnerable households, household’s dependent on remittances, etc.) and to identify appropriate assistance as well as development strategies for the PAPs. Socio-economic studies also yielded important information on the ways in which affected communities are organized and function. These studies helped to identify informal social support networks that were important for the survival of the community, particularly more vulnerable members of the community such as households headed by women, the impoverished, and groups that are socially and economically disadvantaged. However, it is worth noting that there were no built structures affected in all the five (5) Districts under ESAP in Southern Province. The valuation of fruit trees was undertaken by the Ministry of Agriculture. 21 4.0 SOCIO-ECONOMIC BASELINE ASSESSMENT 4.1 Regional Overview 4.1.1 Administrative Structures This section outlines the administrative arrangement under which the project falls. The two broad administrative structures are government and traditional authorities. 4.1.1.1 District Government The proposed project will be implemented in Kazungula, Sinazongwe, Gwembe, Pemba and Monze districts. The administration of a district is vested in the Office of the District Commissioner, established by the Government in 1999 as part of the decentralization process. The office coordinates the functions of all developmental agencies in a local district as well as harmonizing the functions of Central Government and those of the Local Government. All development agencies working in the district are members of the District Development Coordinating Committee (DDCC), which is chaired by the District Commissioner. The Local Authority is a semi-autonomous institution operating as an agent of Central Government. The Local Authority provides a forum for local representation of the public by electing Councillors as local representatives. The Local Authority is responsible to the Ministry of Local Government (MLG). The Local Authority has statutory powers to make by-laws and regulations. According to the provisions under the Local Government Act No. 2 of 2019, MLG can amend or revoke by-laws issued by the Council and make regulations that the Council has to conform to, through circulars and statutory instruments. 4.1.1.2 Traditional authority The highest traditional authority in all the districts is the Chief, who is responsible for a defined geographical area in a district. Each area is further subdivided into sub-chiefs or village headmen who act as representatives of the Chief in their respective areas. The area under a sub-chief or village headman is further divided into small areas managed by group leaders. Each group leader has a system of community section heads who report to them and then to the sub- chief/village headman and finally to the Chief regarding developmental activities in the village. Further group of households has a community based committee leader who reports to the community section head to keep them informed about developments in the village. Finally, each household has a head who is responsible for the overall wellbeing of its family members. 22 4.2 Socio-economic conditions in the area According to the Census of Population and Housing (Central Statistics Office, 2010), Southern Province which has a total area of 85,283 km2 had a population of 1,589,926 people accounting for 12.1% of the total Zambian population of 13,092,666. The Province grew at an average annual growth rate of 2.8% between 2000 and 2010. The rural population constituted 75.33% of the total population of the province while the urban population accounted for 24.67%. The literacy levels stood at 71.20% against a national average of 70.2%. The high rate of growth of the population could be attributed to the in-migration of people from other parts of the country as well as natural increase arising from high birth rates. 4.2.1 Community Profile and Demography As per the 2010 Zambian Census, Southern Province had a population of 1,589,926 people out of which 779,659 were males and 810,267 were females, making the sex ratio of 1,039 for every 1,000 males, compared to the national average of 1,028. .2 The district, constituency and ward demographic profile under ESAP in illustrated by table 2 & 3 below. Table 2: Demographic profile of the districts in the project areas DISTRICT 2000 POPULATION 2010 POPULATION ANNUAL AVERAGE POPULATION GROWTH RATE, 2000-2010 MALE FEMALE TOTAL MALE FEMALE TOTAL MALE FEMALE TOTAL Kazungula 34,178 34,087 68,265 48,482 49,810 98,292 3.6 3.9 3.7 Sinazongwe 39,497 40,958 80,455 49,187 53,020 102,207 2.2 2.6 2.4 Gwembe 16,862 17,271 34,133 25,679 27,032 52,711 4.3 4.6 4.4 Monze 80,697 82,881 163,578 96,141 99,780 195,921 1.8 1.9 1.8 TOTAL 171,234 175,197 346,431 219,489 229,642 449,131 3.0 3.3 30. Table 3: Constituency and Ward Demographic Profile DISTRICT CONSTITUENCY WARD HOUSEHOL MALES FEMALES TOTAL DS Sinazongwe Sinazongwe Mabinga 157 375 388 763 Namazambwe 1,063 2,466 2,600 5,066 Mweenda 1,120 2,509 2,841 5,350 Muuka 944 2,246 2,328 4,574 Tekelo 316 918 998 1,916 Mweemba 2,333 5,867 6,315 12,182 2 Pemba does not have individual population data as a districts because it created after the 2010 Census of population and housing 23 Malima 1,301 3,008 3,127 6,137 Muchekwa 1,337 3,715 3,953 7,668 Maamba 2,044 4,766 5,052 9,818 Mweezya 3,665 8,294 9,089 17,383 Nkamdabwe 1,398 3,093 3,372 6,465 Sinazongwe 2,226 5,109 5,444 10,553 Nangombe 1,210 2,942 3,310 6,252 Sinenge 1,608 3,879 4,203 8,082 Constituency Totals 20,722 49,187 53,020 102,207 Kazungula Katombola Momba 533 1,166 1,177 2,343 Chooma 1,187 3,493 3,639 7,132 Nguba 820 2,460 2,696 5,156 Kauwe 1,183 3,204 3,161 6,365 Nyawa 2,436 6,329 6,758 13,087 Ngwezi 2,053 5,106 5,024 10,130 Sikaunzwe 1,716 3,752 3,721 7,73 Mandia 2,222 ,153 4,383 8,536 Sekute 697 1,586 1,52 3,128 Kanchele 2,247 5,108 5,381 10,489 Simango 912 2,369 2,360 4,729 Musokotwane 1,039 2,407 2,511 4,918 Katapazi 1,321 3,051 3,114 6,165 Mukuni 2,052 4,298 4,343 8,641 Constituency Totals 20,417 48,482 49,810 98,292 Gwembe Gwembe Chisanga 501 1,298 1,405 2,703 Sinafala 392 1,010 1,028 2,038 Jumbo 432 1,173 1,231 2,404 Kkoma 1,024 3,358 3,119 6,477 Chibuwe 1,105 2,611 2,723 5,334 Siampande 278 782 791 1,573 Kota Kota 230 601 591 1,192 Luumbo 754 1,902 2,037 3,939 Kkole 550 1,286 1,400 2,686 Bbondo 1,715 3,833 4,304 8,137 Chaamwe 558 1,363 1,435 2,798 Fumbo 1,779 4,303 4,600 8,903 Jongola 112 318 335 653 Lukonde 858 1,841 2,033 3,874 Constituency Totals 10,288 25,679 27,032 52,711 Pemba Monze Kasiya 2,037 5,841 6,137 11,978 Pemba 513 1,058 1,220 2,278 Hamaundu 3,264 8,625 9,298 17,923 Maambo 2,135 5,986 6,355 12,341 Kauba 1,270 3,339 3,697 7,036 Habunkululu 809 2,030 2,296 4,326 Nachibanga 1,557 4,278 4,758 9,036 Constituency Totals 11,585 31,157 33,761 64,918 24 Monze Monze Chipembele 1,335 3,345 3,475 6,820 Ufwenuka 1,836 5,382 5,300 10,682 Manungu 7,970 19,088 20,176 39,264 Chisekese 1,410 3,415 3,593 7,008 Mayaba 812 2,076 2,310 4,386 Hufwa/Hamapande 616 1,744 1,809 3,553 Hamamvwa 732 2,070 2,131 4,201 Katimba 1,083 3,290 3,532 6,822 Hatontola 1,929 6,151 6,270 12,421 Bbombo 892 6,084 5,999 12,083 Monze Urban 254 751 680 1,431 Constituency Totals 18,869 53,396 55,275 108,671 4.2.2 Culture and Ethnic groupings Southern Province has many ethnic groupings with Tonga being the major language spoken. The province also has several chiefdoms headed by traditional leaders. However, Senior Chief Mukuni of the Toka Leya people of Kazungula District is the most prominent traditional leader in the province. Traditional ceremonies in the province include but not limited to; Lukuni Luzwa buuka of the Toka leya, Lwiindi Gonde of the Tonga people and Shimunenga of the Ila people. The Lwiindi Gonde ceremony is celebrated to thank the ancestors for the harvest and the shimunenga ceremony of the Ila people is celebrated to pay respect to the ancestors at the shrine and culminates into the show of cattle wealthy. 4.2.3 Land Use and Settlement Southern Province has both urban and rural areas. Subsistence farming is the major land use in the rural parts of the province. Other land uses include business facilities, public institutions such as schools, health facilities and churches. Most of the settlements in the rural parts of the province are clustered together while a few are along the main roads. Urban areas within the districts are planned and zoned into residential, mining, commercial and office areas. 4.2.4 Typical housing types Institutional houses in the districts are mainly built using concrete blocks, plastered, painted and roofed with either asbestos or iron sheets are common with the townships. Some personal houses are built with baked or concrete bricks and roofed with iron sheets or grass thatched. In the project area in rural areas, the majority of the houses are built of mud-bricks with grass thatched roofs. Occasionally, the houses are built using burnt bricks and corrugated iron sheets. 25 4.2.5 Water Supply and sanitation Most residents in the urban parts of the province have access to clean and safe piped water supplied by Southern Water and Sewerage Company. The Province also has developed sewerage systems operated by the utility company. In rural areas, people rely on streams, wells, water kiosks and boreholes as sources of water for domestic use. Most residents in these areas use pit latrines as there are no developed sewerage systems. 4.2.6 Local Economy The economy of the districts in Southern Province is mainly dominated by agriculture, livestock rearing and tourism. There are a few commercial farmers in the province but the majority are subsistence farmers. The crops grown in the districts are consumed locally in the province and some of it is transported to various parts of the country for sale. Some of the agricultural produce, especially maize, is exported to the Democratic Republic of Congo. Furthermore, there are a few industries in the province which include the sugar plantation and processing plant, milling plants and breweries. 4.2.6.1 Agriculture Most of the land along the proposed corridor is under subsistence farming, largely on areas less than 1 hectare. The major crops grown include maize, beans, sweet potatoes, sorghum, cowpeas, groundnuts, cotton, oranges, millet, sunflower and sugarcane. Livestock rearing is also practiced in the project area. Cattle rearing is common in both the large and small scale livestock farming. Other forms of livestock include goats, sheep and pigs and fish farming is also practiced. 4.2.6.2 Tourism The Province has a number of tourist attractions which include; Victoria Falls which is one of the Seven Wonders of the World, Lake Kariba, the Mosi-oa-Tunya and Lochinvar National Parks among others. Generally, the province has great potential for tourism growth. 4.2.6.3 Manufacturing Industry The key Industries in the province include the sugar plantation and processing plant, milling plants and breweries. Other industries are those involved in food processing. 26 4.2.6.4 Mining Mining is slowly becoming an important economic activity in the Province. In Mazabuka District, Albidon Munali Mine produce Nickel, Maamba Collieries Limited and Collum Mines in Sinazongwe District produces Coal. African Energy Resources Limited has started uranium explorations in Njame and Gwabe areas in Siavonga District. Illegal mining of semi-precious metals such as Quartz is also common in Kalomo District. 4.2.6.5 Energy The main source of energy in the province is hydro power supplied through the national grid. This energy is mainly supplied to the urban areas while rural areas rely on wood fuel for their energy needs. There are also solar energy sources in various districts for domestic use and hammer mills. The use of solar energy has helped address the current power demand in the province. 4.2.6.6 Infrastructure Development Southern province has great potential for infrastructure development. However, the districts do not have adequate housing and commercial infrastructure. In view of this, the Councils have opened up new areas aimed at expanding the land available for residential and commercial development. Investment in infrastructure through a Public Private Partnership model would also help in opening up the province and position it to fully realize its potential in tourism, agriculture and agro-processing and manufacturing industries. 4.3 Profile of Project Affected Persons The purpose of the socio-economic survey was to identify the affected persons, collect baseline socio-economic data for future monitoring purposes, and collect details about the assets that will be lost due to the project. There are six (6) PAPs that were identified and interviewed with one (1) being a church. There are fruit trees within the church premises belonging to the church that will be affected by the project, hence the church will lose out on income generated from the sale of fruits. Since the project will affect the PAPs people primarily in relation to their fruit trees, a socio- economic profile was developed based on the interviews conducted on their residential premises. 4.3.1 Summary of PAPs PAP includes any person, entity, organizations, firms or private institutions who, on account of changes that result from the project will have their; (i) standard of living adversely affected; (ii) right, title, or interest in any house, land, water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets 27 acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, permanently or temporarily, with or without displacement. The PAPs were identified taking into account a ROW of 22m width (11m on either side) and where the lines had no alternative route. During the detailed socio-economic survey that was conducted, any development within the 22m span of the 33/11kV power line was deemed to be affected by the project. The socio-economic baseline for the PAPs is based on the census and asset survey that was conducted in November-December 2020. According to the census and asset survey, a total of six (6) PAPs comprising all males will be affected by the proposed power line construction works in Southern Province. Table 5 below shows PAPs segregated according to gender and age. All the 6 PAPs have fruit trees only that will be affected as shown in the summary of PAPs in Table 4 below. Furthermore, a total of 21 members that belong to Project Affected Households (PAHs) were captured during the administering of survey questionnaires to the PAPs. PAHs refers to all members of a household, whether related or not, operating as a single economic unit who are affected by a project. It is worth noting that no dwelling or auxiliary structures will be affected by the project. Table 4: Summary of PAPs Affected Quantity Total number of PAPs with fruit trees only 06 Total number of PAPs with built structures only 0 Number of PAPs with both fruit trees and built structures 0 Overall total number of affected persons 06 Table 5: Summary of PAPs by Gender and Age DISTRICT GENDER AGE (YEARS) MALE FEMALE Pemba 0 1 16 - 30 2 0 31 - 45 2 0 >45 Total 5 0 Monze 0 0 16 - 30 0 0 31 - 45 28 1 0 >45 Total 1 0 Grand total 6 0 4.3.2 Households affected by loss of dwelling structures There are no dwelling structures that will be affected by the project. 4.3.3 Vulnerable PAPs Vulnerable groups are people who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by the project. Vulnerability by gender refers to female PAPs who meet the following criteria; 65 years of age and above, single head of the household with dependents and having any form of disability. Based on the age criteria for vulnerability, a total of two (2) PAPs will be affected. (Refer to table 6). Table 6: Summary of Vulnerable PAPs NO DISTRICT AREA NAME AGE SEX STATUS Elderly 1. Pemba Mayuni Borniface Masiye Above Male Economically Masiye 65 disadvantaged Elderly 2. Monze Hamazongo Leornard Above Male Economically Musiyalike 65 disadvantaged 4.3.4 Employment and livelihoods The majority of the population in the project areas are engaged in subsistence farming and trade in agricultural produce. A small proportion of the population is in formal employment in the civil service, agricultural production and processing or hospitality industry. Part of the population is employed in retail and wholesale shops. 4.3.5 Details of affected properties This section presents the category of properties affected which are fruit trees. It also includes the details of the PAP such as name, National Registration Card (NRC) numbers, type of fruit trees affected and compensation amounts. Refer to Table 7 for more details. 29 Table 7: List of PAPs and affected fruit trees Name NRC Affected Fruit QTY Cell Village Amount(K) Trees 1 Machona Cheleka 128443/81/1 Mango 3 0977537440 Mayuni 14,216.00 2 Enock Mtengo 172449/76/1 Sweet lemon 1 0955661064 Mayuni 15,168.50 Mango 7 3 Edward Mataa 323904/73/1 Mexican apple 1 0972280053 Mayuni 2,150.00 4 Arnold Kafololo 181960/73/1 Mango 1 0974985575 Mayuni 568.00 5 Borniface Masiye 116169/85/1 Mango 1 Mayuni 2,412.00 6 Leonard Musiyalike 196117/74/1 Mango 1 Hamazongo 2,832.00 Total 37,346.50 30 5.0 ENTITLEMENT FRAMEWORK An assessment of the affected physical assets was carried out at project site to identify individuals whose properties or livelihoods would be directly affected by the project activities. Valuations will be conducted to determine the value of the affected physical structures for compensation. However, valuations for the affected fruit trees were carried out. Based on these assessments, negotiations about entitlements for the structures will be carried out with the PAPs in the presence of witnesses. The following sections describe the basis for determining eligibility for entitlements related to the loss of assets and other assistance that may be required during the resettlement process, a summary of impacts that require mitigation and a description of individual entitlements that will be negotiated with the PAPs in the presence of witnesses. 5.1 Compensation Eligibility Eligibility establishes the basis for entitlement to compensation for a PAP. Based on IFC Performance Standard PS5, eligibility is established through the declaration of a cut-off date which also takes into account detailed inventory of all affected assets. Any assets or improvements made after the cut-off are not eligible for consideration of entitlements. The cut-off date and its implications on the compensation implementation process were explained to the PAPs. In light of this, PAPs were encouraged to be present during the valuation of their fruit trees in order to confirm ownership. The community leaders (headmen) gave their full support to the procedure and were present mostly or sent a delegation with the survey team to witness the process. 5.2 Project Impacts The identified impacts are summarised in the table below: Table 8: Summary of Project Impacts Impact Total Number Fruit trees 15 5.2.1 Loss of crops and trees of economic value Measures have been proposed to avoid the loss of crops if any during construction period although no farmland was found to be affected during the socio-economic survey. However, in case some PAPs decide to cultivate in the areas earmarked for the project activities, construction works will only be carried out after the harvest of the crops. The project will affect a number of fruit trees in the ROW. The loss of these trees as a result of the wayleave was determined by taking into account the ROW of 22m (11m either sides) of the 31 proposed power lines. Therefore, any fruit tree which was found to be in the ROW was deemed to be affected and will be cut down to pave way for construction works. This measure will have an impact on the livelihoods of the PAPs as some depend on the sale of fruits. The majority of the affected fruit trees are mango trees. Refer to the valuation report in Appendix 5 for more details. 5.2.2 Loss of built structures There are no built structures within the proposed line routes that will be affected by the project. 5.2.3 Loss of revenue/income There will be no loss of revenue/income due to project activities. 5.2.4 Loss of dwelling places No dwelling place will be affected by the project. 5.3 Compensation Calculation Methods The general principle adopted in the formulation of compensation values is that lost income and assets will be valued at their full replacement cost such that the project affected populations should experience no net loss. This is in accordance with the World Bank Operational Policy on involuntary resettlement, OP 4.12. Valuations for compulsory acquisition and compensation in Zambia are prepared in harmony with the Land Acquisition Act, Chapter 196 of the Laws of Zambia. Under Section 12(b) of the said legislation, the value of the property should be, “the amount the property might be expected to realize if sold on the open market at the time of publication of the notice to yield up possession.� In this regard, Replacement Cost is defined as “The aggregate amount of the value of the land for the existing use or a notional replacement site in the same locality, and the gross replacement cost of the buildings and other site works�. The Market Value is defined in the Royal Institute of Chartered Surveyors (RICS) Appraisal Valuation Manual of 1995 as the “best price at which the sale of an interest in p roperty would have been completed unconditionally for cash consideration on the date of valuation assuming a willing seller�. The basic principle of the Law of compensation is that the sum awarded should as far as practicable place the claimant in the same financial position as they would have been, had there been no question of their land/property being compulsorily acquired. This means that the claimant should be no better off and no worse off than they were before the acquisition. 32 The amount of disturbance payment shall be equal to the reasonable expenses of the person entitled to the payment in removing them from the land from which they are displaced; and if they were carrying on a trade or business on the land, the loss they will incur by reason of the disturbance of that trade or business consequent upon their having to quit the land. Disturbance allowance has a social dimension not adequately executed in the valuation as it is assumed that the affected persons will retain their occupational sources of income. 5.4 Entitlements The International Resettlement Guidelines require compensation for lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihoods. Thus, in this project, the absence of formal title will not constitute a barrier to compensation. Further, the principles adopted herein contain special measures and assistance for vulnerable persons, such as female-headed households, physically challenged persons, and the destitute. Persons affected by land acquisition are entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact that will help to restore livelihoods to pre-project standards at a minimum. Table 12 provides a detailed description of the standard entitlements for each type of loss that requires compensation and mitigation. Table 9: Entitlement Matrix Type of Loss Category of Affected People Entitlement 1. Loss of land Landowners with legitimate • Financial compensation for lost land at full interests in the wayleave in the replacement value3: following categories: − Where affected land is smaller than 1.25ha 1. Traditional land tenure or administered by the Chief − Where the affected portion is less than 20% 2. Privately purchased land in of the land an area under tribal control • Full replacement of land allocated under 3. Land with a Certificate of traditional system: Occupation issued by the − Where the affected farm is cultivated and Department of Lands − Where the affected portion is more than 4. Land owned under a 20% of the lost land, or Leasehold with registered − Where the owner can prove that the Title residual (remainder) area is no longer economically viable, or − Where land acquisition causes landlessness (minimum livelihood requirement is 1 lima or 0.25ha) • Financial compensation at full replacement value as determined by a registered Valuer or Department of Lands for: 3Land Acquisition Act: value of the property shall be the amount which the property might be expected to realize if sold in the open market by a willing seller. 33 Type of Loss Category of Affected People Entitlement − Privately acquired land in areas under tribal control and − Titled (privately owned) land. 2. Additional land Owners of cultivated land with • Assistance with application for land from the acquisition an affected area greater than Chief assistance 20% of the total land area and • Assistance with application for restoration of who are entitled to replacement formal ownership, if applicable land Owners of dwellings in the • One replacement house of equal size wayleave, inhabited at the time determined by floor area and replicating, as of the cut-off date far as possible, functional uses where original dwelling consists of multiple 3. Loss of dwellings / buildings residential structures • Resettlement to an agreed rural settlement site (in the same village) Owners of dwellings in the • Financial compensation based on the full wayleave, uninhabited at the replacement value of the existing dwelling time of the cut-off date as determined by a registered Valuer 4. Loss of crops4 Owners of Annual crops and • Financial compensation for all agreed crops fruit trees • Compensation will be based on the standard rates determined from time to time by the Ministry of Agriculture (MoA) • Intercropped crops will be compensated in proportion to the coverage and proportionate reduction of weight of rate as determined by MoA formula • Transportation cost or allowance to Bank 5. Loss of business Owners of business structures • Resettlement to outside the wayleave (in structures in the line routes, in use at the same the village) time of the cut-off date • • Full replacement cost for entire structure • • Allowances: • - Administrative and Transaction • - Loss of Land • - Loss of Income/business (for 1 (one) month) • - Transportation Relocation • - Reconnection to Electrical- Transportation to Bank Owners of business structures in • Financial compensation based on the full the wayleave, not in use at the replacement value of the existing business time of the cut-off date structure as determined by a registered Valuer 4 Agricultural Lands Act 34 Type of Loss Category of Affected People Entitlement 6. Loss of non- Owners of non-residential • Financial compensation based on the full residential structures structures (sheds, wells, replacement value of the existing structures shelters) at the time of the cut- as determined by a registered Valuer off date 7. Difficulty for some Vulnerable PAPs, e.g. disabled • Transitional hardship assistance as households coping persons, elderly persons, appropriate to specific cases, e.g. support with transition persons with chronic illnesses female headed household to assist during caused by physical transition and other assistance deemed displacement appropriate under specific circumstances 8. Loss of livelihood Households suffering direct • Transitional assistance to farmers with economic displacement resulting cultivated fields to mitigate the loss of from the project livelihood until their crops have been re- established Households suffering direct • Compensation for loss of business income economic displacement based on baseline financial data for affected (legitimate businesses) resulting enterprises from the project • Replacement business structure (e.g. shop) in an agreed resettlement site conducive to its continued operation • Replacement structure shall be of equal size based on floor area • Any transactional costs to restore previously existing business rights will be borne by the Project 9. Disturbance Project affected households with • Compensation for the loss of opportunity as allowance affected assets within the a result of the project. wayleave. • Administrative and transaction • Transportation to bank 5.5 Summary of compensation packages The compensation packages were based on a number of principles and assumptions. The packages are discussed in the sections below. 5.5.1 Standing crops and Fruit-bearing trees The following was considered when determining the entitlements for the impact of the loss of fruit trees: • All the trees within the 22m and were considered at fruit bearing age • In order to protect the affected families from hunger, all standing crops will be allowed to be harvested before commencement of construction works provided access to the land is not immediately required by the project. It is anticipated that construction works will commence after the harvest period. 35 5.5.2 Residential and business structures Property owners whose structures shall be demolished as a result of the power line works shall be compensated for the replacement value of the structures and will be given a grace period of two (2) months to re-build their structures at places of their choices. The owners shall be allowed to salvage any valuable materials from their old structures. However; no structures will be affected in Southern Province. 5.5.3 Other allowances No other allowances will be required for the PAPs. 5.6 Process for fulfilling compensation and providing assistance ZESCO is committed to mitigate the impacts of the project through a set of compensation measures that will bring about an improved situation for all the PAPs. In this regard, two specific conditions need to be met as part of its fulfilment of the requirements of this ARAP: a) Livelihood restoration and more specifically the restoration of their income-earning capacity will potentially require transitional support. Displacement often causes severe hardship and impoverishment. An appropriate transitional support package must be developed in consultation with the PAPs and duly implemented with the purpose to improve their standard of living and to prevent a net loss in their economic wellbeing. b) Replacement structures, where applicable, must be built by ZESCO in time for occupation prior to the start of construction in the affected area. 36 6.0 RESETTLEMENT PLANNING 6.1 Physical Resettlement There are no households whose business or domestic structures will be physically displaced by the proposed project. 6.2 Relocation Site No built structure will be affected therefore, there will be no need of a relocation site 37 7.0 IMPLEMENTATION The entities with significant roles and responsibilities in the resettlement process include ZESCO, REA, the GRZ (as these may be delegated to provincial and district authorities) and the traditional authority. 7.1 Government of the Republic of Zambia and Rural Electrification Authority GRZ will provide financial resources necessary for final resettlement implementation through REA who will facilitate the compensation entitlements to the PAPs. 7.2 ZESCO Limited ZESCO will plan and carryout the resettlement exercise itself, including providing managerial and technical expertise. Where applicable ZESCO will: ✓ Keep government officials, the traditional authority leadership and the PAPs informed; ✓ Attend meetings, and provide administrative, managerial and technical support as required; ✓ Plan and implement livelihood restoration programmes in consultation with affected persons; ✓ Manage resettlement dispute resolution through the GRM committees; ✓ Act as the first resort for dispute resolution; and ✓ Establish a resettlement monitoring and evaluation programme 7.3 Government of the Republic of Zambia and the Traditional Authority ZESCO will implement resettlement but will work in close association with the District Commissioners (DCs) in the affected districts, and his/her officers, who will represent the GRZ, and the Chiefs, who is the head of the Traditional Authority in the area. It is envisaged that the DC (or his/her delegates) and the Chief will: ✓ act as the primary Government (DC) and Traditional Authority (Chief) representative; ✓ participate in meetings with the PAPs to monitor proceedings and provide input as required; ✓ delegate representatives for the resettlement dispute resolution committee through the Grievance Redress Mechanism (GRM); ✓ endorse the terms and conditions for resettlement and compensation entitlements agreed between ZESCO and project affected households; ✓ ensure that initiatives undertaken as part of livelihood restoration programmes are compatible with the overall development vision of the districts and the Chiefdom, as well as with broader government objectives for sustainable rural development; and ✓ ensure that the land-use plans for the resettlement sites are compatible with district development plans. 38 7.4 Non-Governmental Organisations Appropriate NGOs who operate in the area, will be identified to assist in resettlement implementation as required. 7.5 Grievance and Dispute Resolution Resettlement-related grievances and disputes that may arise during the project implementation process will be resolved through the approved Project GRM. The sections below (7.5.1 – 7.5.4) provide insight on how resettlement related grievances that may arise will be addressed while the detailed grievance processes are presented in the approved Project GRM. 7.5.1 Approach Local Committees were formed within the project areas to handle grievances and Local Focal Point Persons were appointed to record grievances and refer them to the Chairperson through the Coordinator for resolutions. However, sensitive matters that are beyond the capacity of the Local committee shall be escalated to the Technical and subsequently the Project Steering Committee (PSC) or other appropriate organs such as the Police or the Judiciary. When lodging grievances, affected persons will be allowed if they so wish to be accompanied by their preferred witnesses and will be free to use a language of their choice. Grievances may be lodged through verbal, formal and written communication. Whatever the source and the form in which the grievance is received, it shall be recorded and later registered in the grievance register. 7.5.2 Time Frame The Local GRM Committees shall meet monthly or as and when necessary while the Technical Committee shall meet quarterly or as and when necessary to consider the complaints that have been received during that particular period. Grievances are expected to be resolved within a maximum period of four (4) weeks after they have been reported. However, complaints that shall require urgent attention as determined by the Chairperson shall be attended to within forty- eight (48) hours of being reported. Should a complaint require more time to be resolved, the affected persons shall be advised accordingly. 7.5.3 Appeals Affected persons that shall be dissatisfied with the resolution of their grievance by the Local and Technical Committees will be free to appeal in writing to the PSC, Chaired by either a Director from ZESCO or REA. The Directors shall upon receipt of such grievances convene the PSC to assess and resolve the grievances received. Should the decision of the PSC be deemed unsatisfactory, such affected persons will retain the right to take their case for Arbitration as provided for under the Laws of Zambia. The illustration in Figure 1 below summarizes the procedure and key steps for GRM. 39 Figure 1: Grievance Redress Mechanism Process 7.5.4 Grievance Form A grievance form shall be filled in by the Local Focal Point Persons as a way of documenting grievances received. The grievance form reflects the complainant and grievance details, action taken or required and the effectiveness review. Refer to Appendix 2 for more details. 40 8.0 MONITORING AND EVALUATION There will be a resettlement monitoring and evaluation programme. The objective is to determine the extent to which resettlement is successfully implemented. The programme will have four broad components: ✓ Performance monitoring; ✓ Effects monitoring; ✓ External evaluation; and ✓ A completion audit. 8.1 Performance Monitoring ZESCO will coordinate performance monitoring to measure progress with resettlement against scheduled tasks and milestones. Monitoring reports will be prepared on a quarterly basis for the first year following resettlement and bi-annually thereafter until the resettlement project is deemed completed. A completion audit will determine the final completion of the resettlement process. The monitoring reports will be distributed to all relevant parties. 8.2 Effects Monitoring ZESCO will be responsible for effects monitoring, and may contract components to qualified consultants. Effects monitoring will focus on the effectiveness of resettlement and compensation action plan, the identification of constraints and the recommendation of corrective measures that may be necessary. Indicators and targets for effects monitoring will be established by ZESCO, in consultation with representatives of project affected households, the Ministry of Agriculture, Government Valuation Department (GVD) and/or NGOs. Effects monitoring will be conducted-annually and data will be collected from: ✓ Households, through the use of standardized, quantitative socio-economic survey instruments; and ✓ The community, through the use of qualitative (participatory) monitoring techniques. 8.2.1 Quantitative Monitoring It will be important to monitor the changing socio-economic status of project affected households. Socio-economic status will be tracked against baseline conditions prior to resettlement. To achieve this, follow-up will be undertaken using questionnaires similar to those used during the surveys. This will allow comparison of baseline characteristics before and after resettlement, particularly of vulnerable households. 8.2.2 Qualitative Monitoring Qualitative monitoring will be participatory and gauge the effectiveness of resettlement measures in meeting the needs of project affected households. The value of participatory monitoring is that it involves project affected households in collective assessment of resettlement 41 processes and outcomes. Participatory monitoring is action-oriented and seeks to build the capacity of project affected households by: ✓ providing opportunities to reflect on progress or obstacles to resettlement implementation; ✓ generating knowledge that informs practice and leads to corrective actions; and ✓ providing the tools to transform the economic and social environment. The qualitative monitoring programme includes workshops with project affected households to give them the opportunity to: ✓ develop their own criteria for acceptable socio-economic conditions; ✓ assess their pre-project conditions in terms of their own criteria; ✓ monitor their own progress towards recovering their pre-project conditions; and ✓ develop and communicate their own solutions to outstanding problems. The outcome will be an assessment of people’s attitudes, perceptions, views and fears regarding the resettlement. Given the participatory nature of this monitoring, there will be a continual process of learning, with new ideas and concerns integrated and incorporated into the resettlement process. Monitoring will use qualitative indicators identified in consultation with participants. The following are examples of qualitative indicators that could be used: ✓ attitudes to resettlement initiatives; ✓ perceptions and suggestions relating to positive and negative project effects; and ✓ satisfaction with the consultation process. 8.3 Completion Audit A completion audit will be undertaken one (1) year after resettlement implementation. The objectives of the audit will be to: ✓ confirm that physical inputs specified in the ARAP and subsequent resettlement implementation plan have been delivered; ✓ confirm the expected outcomes of resettlement have been achieved; and ✓ assess whether outcomes of resettlement are positive or not. The audit will also identify outstanding matters that require further action prior to the closing of the resettlement implementation process. If no outstanding matters are identified, the final Completion Audit report signifies the closure of this resettlement project. 42 9.0 RESETTLEMENT BUDGET AND SCHEDULE A total of six (6) PAPs will be affected for the loss of fifteen (15) fruit trees. The total budget to implement the ARAP is K37,346.50 and will only cover compensation for loss of fruit trees. Considering that all the PAPs only have fruit trees to be affected, the implementation budget does not take into account the following: • Loss of business arising from relocation of business structures and business interruption • Replacement of permanent structures and land development costs and • Livelihood restoration (money management training and transitional support) Implementation of this ARAP will commence if it is given a ‘No Objection’ by the World Bank and all logistics are in place. It will also be submitted to ZEMA for their information. 43 10. CONCLUSION This ARAP has detailed the potential impacts of the grid extension project in Southern Province on the affected communities and presents a mitigation measures for the economic loss caused by the project. ZESCO has committed to implementing this Plan according to its internal procedures and within the budget that has been allocated for resettlement and compensation for this Project. It is recommended that this Plan is approved by the World Bank for implementation, in the interest of the PAPs who will benefit from the compensation that is offered in accordance with the entitlement framework. The prime objective of this Plan is to ensure that PAPs are adequately compensated so that their livelihoods and standards of living are restored or improved accordingly. 44 11 References 2010 Census of Population and Housing Preliminary Report 2010 Census of Population National Analytical Report Catholic Relief Services, Zambia Livelihoods Assessment June 2007 Census of Housing and Population, CSO, 2010 Source: https://zambia.opendataforafrica.org/ZMAGRISTAT2016/agriculture-statistics-of- zambia-2014-Agriculture Statistics of Zambia Living Conditions Monitoring Survey, CSO, 2015 Source: https://www.investinsouthernzambia.com/wordpress/district-profiles/ Source: http://www.cen.gov.zm 45 APPENDICES APPENDIX 1 - Physical Asset Questionnaire APPENDIX 2 – Grievance redress mechanism form APPENDIX 3 – Business operations questionnaire APPENDIX 4 – Cut-off Date Notice APPENDIX 5 – Signed consents for compensation APPENDIX 6 – Scanned valuation reports 46 APPENDIX 1 Resettlement Action Plan Census/Socio-economic/Asset Inventory Questionnaire INSTRUCTION Your main duty as an enumerator in the survey is to collect data from affected households using this questionnaire. You will interview the Head/Spouse or any knowledgeable adult member of affected households. A Household refers to a group of people who normally live and eat together. These may or may not be related by blood, marriage or adoption, but make common provision for food or other essentials for living and they have only one person whom they all regard as the head. During the interviews, you are required to circle the codes (number) or indicate the code in the responses. Only where it is stated, all questions require single responses. Where the question is open-ended, you are required to summarize the response in the space provided. You must always check your work before you leave the household. This entails: - (i) checking your work for completeness- there should not be any omissions. (ii) Checking your work for legibility-you should record answers in a clear and legible format. The person entering the data in the computer should be able to read your writing. (iii) Checking your work for consistency; there should be consistency between answers recorded in the various sections of the questionnaire. (iv) You should only handover a completed questionnaire to your supervisor after checking your work and ensuring that it is error free. INFORMED CONSENT My name is ________________I am working with …………………………….. I have come to your house today because your household will be affected by the project. The purpose of this survey is to collect data that will be used to assess the livelihood and economic status of affected households. This survey will also help us collect data for developing an inventory of affected movable and immovable assets. This is a requirement for preparing a Resettlement Action Plan (RAP) for the project. I would therefore like to ask you questions on people who live here, livelihoods, economic activities, assets and your opinion regarding the project. Your participation in this survey will have no bearing on whether you receive any assistance from the project in the future. In addition, there are no costs to you for participation in this survey, and you will not be paid for participation. However, your responses will help the project to develop a better understanding of your household for better planning of the resettlement process. This interview should take about 30 minutes. If it is okay with you, can we start this interview? Yes [ ] No [ ], If No, THANK Participant, secure appointment and PROCEED to the next eligible household. A. CONTROL INFORMATION Name of Date Interviewer: _______________________________________________________________ (dd/mm/yyyy Surname First Name ) Name of Respondent 1….Head of Respondent: _______________________________________________________________ Type Household Surname First Name 2---Other Name of Village Name of Chief Interview Interview End Time Start Time GPS Coordinates latitude longitude B. HOUSEHOLD DEMOGRAPHIC PROFILE 1. Name of Head of 2. Sex of Male-------1 Household(Get ___________________________________________________________ Head of Female-----2 Portrait photo) _ Household Surname First Name First Name 47 3. Date of birth Head 4. Marital Status Single -------------1 Married --------- of Household of Head of --2 Household Divorced----------3 Widowed -------- (dd/mm/yyyy) -4 5. Educational level of Head of Household (What is the highest grade 1=None 2=Primary 3=Secondary 4=Tertiary Head of Household has acquired) 6. Household 7. Is Head of Household disabled or Yes-----1, No-------2 size(include Household Number of Male------- chronically sick? Head) Number of Female----- 6. Is there any Yes-----1, 6. If Head of Household or any Disabled as evidenced by ZAPID/disability other member of No-------2 other member of this household assessed------------1 is disabled or chronically sick, Disabled but not assessed--------------2 household who is Terminally ill & other related diseases------------- disabled or what is the vulnerability --3 category?(CIRCLE ALL THAT chronically sick? APPLIES) C. LAND SIZE, OWNERSHIP & USE 8. Is Head of Yes-----1, 9. If the answer to question 8 is Title Deeds----1 Offer letter from Lands---2 Household the owner No-------2 yes, what proof of ownership? Other, specify_________________________3 of this land? 10. If the answer to 11a. What is your Tenant--------1, Caretaker------2, question 8 is No, who __________________________________ relationship to Relative------3 Other, specify-------- is the owner? Surname First the owner? 4 Name 11a. If you are not owner of this land, what do you own on this land (CIRCLE ALL 1=Dwellings only 2=trees 3=all THAT APPLIES)? built structures 12. If the answer to question 11 is tenant, what is the monthly rental Monthly Payment payment? _____________________________ 13. What is the size of 14. Land owner NRC & Contact this plot? (indicate ____Hectares No. _____________________________________ length X width if easier) _ NRC Mobile Phone Number 15. What is the total size of land available for agricultural production (owned and rented) to this household IF NO LAND WRITE ‘0 _____________ hectares owned ______________hectares rented out 16. How long has this family been living on this land? ______years D. ECONOMICAL PROFILE D1. HOUSING CHARACTERISTICS 17. What kind of dwelling does your household 1=Traditional Hut 2=Improved Traditional House live in? (OBSERVE) 3=Temporal 4=Other (Specify)…………… 18. What kind of material is the roof of the 1=Asbestos Sheets 2= Iron Sheets dwelling made of? (OBSERVE) 3= Grass/Straw/Thatch 4= Wood 5= Other (Specify 48 19. What kind of material is the floor of the 1= Concrete only 2= Covered Concrete dwelling made of? (OBSERVE) 3= Mud 4= Other (Specify 20. What kind of material is the wall of the 1= Pan Brick 2= Concrete Brick dwelling made of? (OBSERVE) 3= Mud Brick 4= Burnt Brick 5= Pole 6= Mud 7= Grass/Straw 8= Other (Specify…. 21. How many rooms is the dwelling/housing 1=One, 2=Two, 3=Three, 4= Four, 5=Five, 6=Six, 7=Other, specify_______________ structure?(indicate number on dwelling) 1. Dwelling 1---------------------- 2. Dwelling 2--------------------- 3. Dwelling 3---------------------- 4. Dwelling 4--------------------- D2. AGRICULTURE 22. Which crops did Area planted in Quantity Produced in Unit: you grow in the 2019/2020 season 2019/2020 season 1= 50 kg bag, 2=25kg 2019/2020 season? (hectares(indicate length X IF Production = 0, bag, 3=10 kg bag, width in metres if easier)) skip to next CROP 3=Tin CIRCLE ALL THAT 4=Head, 5=Other, APPLIES specify 1 Maize 2 Sorghum 3 Millet 4 Beans 5 Groundnuts(indicate shelled/unshelled) 6 Rice 7 Irish Potato 8 Sweet Potato 9 Cassava 10 Tobacco 11 Cowpeas 12 Green Beans 13 Amaranths 14 Cabbage 49 15 Chinese Cabbage 16 Carrot 17 Impwa 18 Okra D3. HOUSEHOLD INCOMES AND EXPENDITURE 23. Name the most important non-farm Remittance ---------1 Skilled trade/artisan------2 Casual non-agriculture labour --------3 Petty trade (cooking oil, source(s) of income/cash to your household? soap,, etc.)---------4, Savings and lending ( SILC)-----5 CIRCLE ALL THAT APPLIES Med/large business-------6 Brewing Beer-----7 Formal salary/wages------8 None-------9 Begging-------10 Others (specify): 88________________________ 24. Considering all your non-farm sources of ZMK________________________ income, what is your average monthly non- farm income? 25. Name the most important farm source(s) of Rainfed Crop sales------1 Casual agriculture labour-----2 Livestock sales-------3 Fishing-----4 income/cash to your household CIRCLE ALL 5.=Dividends, 6=own irrigated garden, 7= Other, specify THAT APPLIES 26. Considering all your farm sources of ZMK________________________ income, what is your average annual farm income? 27. How many (ITEM)s does your household own? (Indicate zero if HH has none. Do not count permanently broken items) READ OUT QUANTIT READ OUT QUANTITY Y Cattle Bicycle Goat Motorcycle Sheep Motor vehicle Pig Tractor Poultry (Chickens, ducks, guinea fowls, pigeons, Plough rabbits, etc) Donkey/Horses Ox cart Radio Grind mill TV Genset Solar Panel Water pump 50 Cell phone Treadle pump Other, Specify_______ Other, Specify_______ 28 What is your average household expenditure? Expenditure Item Circle appropriate Reference Period Total Amount Spent (per Reference Period) A. Food 1=Weekly 2=monthly, 3=annually B. Fuel for light (kerosene, gas) 1=Weekly 2=monthly, 3=annually C. Water 1=Weekly 2=monthly, 3=annually D. Communication(talktime) 1=Weekly 2=monthly, 3=annually E. Clothing/Footwear/beddings 1=Weekly 2=monthly F. Electricity 1=Weekly 2=monthly G. School 1=Every Term, 2=annually H. Transportation 1=Weekly 2=monthly I. Medical Needs 1=Weekly 2=monthly J. House/land rental 1=Weekly 2=monthly K. House Maintenance/repair 1=Weekly 2=monthly L. Recreation 1=Weekly 2=monthly M. Agriculture(Seeds, fertilizer, labour) 1=Weekly 2=monthly Q. Others, ________________ 1=Weekly 2=monthly R. Others, ________________ 1=Weekly 2=monthly S. Others, ________________ 1=Weekly 2=monthly D24 FOOD SECURITY 29. How many staple meals excluding snacks do you normally 1=One, 2=Two, 3=Three, have in a day? 4=More than three 30. In the past 4 weeks, was there ever no food of any kind to 1=No, 2=Rarely (Once or twice), eat in your house because of lack of resources to get food? 3=Sometimes (3 to 10 times), 4=Often (More than 10 times) 31. In the past 4 weeks, did you or any member of the household 1=No, 2=Rarely (Once or twice), go the whole day and night without eating anything because 3=Sometimes (3 to 10 times), there was not enough food? 4=Often (More than 10 times) D5. WATER AND SANITATION PROFILE 32. What is the MAIN source of drinking water for 1=Borehole, 2=Protected well, 3=Unprotected this household? (Circle only one MAIN source) well, 4=Protected spring 5=Unprotected spring, 6=River, Pond, Dam, 7= Other Specify 51 33. How far (one-way, walking distance in metres) ………………metres is your main water source? 34. How many minutes do you take to reach the ---------------minutes nearest place where you collect your water? 35. What type of toilet facility does this 1=VIP toilet, 2=Pit latrine, 3=Bush 4=Other household USUALLY use? Specify______________________________ 36. What do you do when a family member is sick? 1=Self –medication 2=Go to public clinic 3=Go to private clinic 4= None 5=Others, specify__________________ 37. Was there any death in the family in the 1=Yes 2=No If yes, What were the causes last two years ______________________________________________ ______ E. ACCESS TO SERVICES AND PLACE OF EMPLOYMENT Facility 38. 39. Travel 40. Type of Transport Cost of Transport Distance(Km) Time(hrs) from Used:1=Foot, to facility from House to House to Facility 2=bicycle, 3=public (41) Facility transport 4 Other specify,_____ _____________Hospital( Indicate name) _____________Clinic(Ind icate name) School (Indicate name) 1. _________________ 1.__________ 1.____________ 1.____________ 1.____________ 2. _________________ __2. _______ 2. ___________ 2. ___________ 2. ___________ 3. ________________ 3. _________ 3. ___________ 3. ___________ 3. __________ 4. ________________ 4. _________ 4. ___________ 4. ___________ 4. __________ District centre Market/Shopping Centre Police Station Hammer Mill Work Place Banks Grave yard Postal Service Others, specify: 52 F. ENERGY 41. What is the source of energy for lighting the 1=State electricity 2=solar 3=Kerosene/Gas household? 4=None 5=Other, specify_________________ 1=State electricity 2=Charcoal 3=Firewood 42. What is the main source of energy for cooking? 4=None 5=Other, specify_________________ 43. If the main source of energy for cooking is firewood, what is the source and how many minutes walk is this? Name of source_________________________________________Time taken to reach source____________Minutes G. IMPACT INFORMATION G1 LAND ACQUISITION 44. How much land will be acquired by the 1=whole land, 2=if partial, how much land will be project? acquired? _______________ hectares 45. What kind of acquisition will be this? 1=Permanent 2=Temporary 3=both 46 If the answer is both, specify the size in _______hectares will be permanently acquired either case _______hectares will be temporary acquired 47. Circle the code of the structures on plot that will be lost due to land acquisition, indicate the number of these structures and get their photos Name of structure Number of Comments if any structures 1. Dwellings: Indicate total floor area (length x width) i. Two rooms i. -------- i. --------- ii. Three rooms - ii. --------- iii. Four rooms ii. -------- iii. --------- iv. Five rooms - iv. --------- v. Other, specify_____ iii. -------- v. --------- _______________ - iv. -------- - v. -------- - Material used & current cost of Indicate total floor area (length x width) 2. Kitchen shelter replacement Material used & current cost of Indicate total floor area (length x width) 3. Bath shelter replacement Material used & current cost of 4. Shop/store No. of employees_________ replacement monthly income___________ 5. Toilet mentioned 6. Bore hole 7. Protected well 8. Unprotected 53 9. Kraal current cost of replacement 10. Chicken coop current cost of replacement 11. Grain Store current cost of replacement 12. Goat pen current cost of replacement 13. Fence current cost of replacement 14. Other, specify_____ current cost of replacement _______________ 15. Other, specify_____ current cost of replacement _______________ 16. Other, specify_____ _______________ 48 Circle the code of the trees that will be lost due to land acquisition, indicate the number of these trees and take their photos Number of non- Name of Tree Number of estimated annual mature/non-fruiting mature/fruiting trees income trees 1. Banana 2. Mango 3. Pawpaw 4. Orange 5. Lemon 6. Guava 7. Masau 8. Avocado 9. Sugar canes 10. Mulberry 11. Cactus 12. Leeches 13. Sugar cane 14. Other: 15. How many non-fruit tress does the household have? 16. Do you have a 17. Total monthly sale 1=Yes, 16b Is garden on 1=Yes, 2=No from the garden? Garden? 2=No affected plot? ZMK_________ G. GENERAL INFORMATION 49. What do you think of the project? 1=Very Good, 2=Good, 3= Bad, 4=No answer 50. If the answer to question 49 is very good or good, why do you say so? 51. If the answer to question 49 is bad, why do you say so? 54 47. In case of relocation, which would PAP 1=Relocate to site of choice 2=Relocate to site prefer? identified by project, 3=Don’t know at this time 48. How would PAP prefer to be compensated 1=Land for Land 2=Cash for Land 3=Not for land Applicable 49. How would PAP prefer to be compensated for built 1= Replacement 2=Cash 3= Not structures? Applicable 50. How would PAP prefer to be 1= Replacement 2=Cash 3= Not Applicable compensated for fruit & non fruit trees (if applicable)? 51. If PAP is to receive any cash 1=Through the Bank 2=Direct Payment 3=Not compensation (if applicable), how do they Applicable 3=Other, specify: want to be paid? ___________________________________ 52. How much would be required to move ZMK_________Specify mode of personal effects to relocation site? transport_______1=Oxcart, 2 tractor, 3=van, 4=other, specify______________ 55 ASSET FORM: BUILT STRUCTURES Photo of the Owner Photo Occupant/Representative Front and Side View of The House/ Structure Rear and Side View of The House/ Structure Roof_____________________________________________________________________ ____________ _________________________________________________________________________ ____________ Walls _________________________________________________________________________ ______ _________________________________________________________________________ ___________ Floor _________________________________________________________________________ _______ _________________________________________________________________________ ____________ 56 Fittings _________________________________________________________________________ _____ _________________________________________________________________________ ____________ APPENNDIX I– ASSET FORM: SKETCH FOR BUILT STRUCTURES Sketch: 57 APPENDIX 2 Grievance Redress Form Electricity Supply Access Project (ESAP) Section 1: Complainant Details Grievance Reference Date received: Submitted by: Name of person recording the Number: grievance: □ Person submitting grievance □ Male/Female □ Other (please specify who) Name of Complainant / Organisation registering complaint (or write Anonymous): Address: Telephone Number: Email address: How was the grievance lodged: □ In person □ By Phone □ At Community Meeting □ By Mail □ By Email Signature of Complainant: Confirm that the Grievance has been acknowledged and a copy of this form provided to the complainant? □ Yes Date: Section 2: Details about the Grievance Description of Grievance: Section 3: Action Taken / Required Acknowledgement of Date when Acknowledgment Date set for resolution of Date logged in Grievance grievance sent to provided: Complaint: Log by Complaints handling Complainant? (Y/N) Officer: Grievance classification: Reason(s) why: Manager/safeguard specialist/Director responsible for addressing grievance: 58 □ Critical priority □ Medium priority □ Low priority Description of action required (to be updated as needed): Action carried out by: Date of Completion: Method of feedback to Complainant: Stakeholder response to action: Section 4: Effectiveness Review Status of Grievance: Date: To what extent has the grievance been addressed to the satisfaction of the complainant: Grievance Closed: Date: Signed off: Manager/safeguard specialist/Director responsible 59 APPENDIX 3 Electricity Service Access Project (ESAP) BUSINESS OPERATIONS QUESTIONNAIRE DOCUMENT SEQUENCE HOUSEHOLD NO: ZESCO/2020/ESAP/ NO: Interview Date Enumerator 1 Enumerator 2 Camera Person Duration Notes ID ID ID (hh:mm) (mm/dd/yy / /20 : / /20 : / /20 : SURVEY INTRODUCTION Hello, my name is I am here on behalf of ZESCO Limited. The World Bank Funded Electricity Service Access Project (ESAP) being spearheaded by the Rural Electricity Authority (REA) aims to increase electricity access in targeted rural areas of Zambia. The project comprises three components which includes On-grid Electricity Access Expansion, Off-grid Electricity Access Expansion and Technical Assistance. REA is a Fund Manager for the project while ZESCO is the implementing Agency for the On-grid Electricity Access Expansion component targeting to benefit several rural households and Micro and Small Enterprises (MSEs) through last mile connections and network reinforcements and extensions. In order to comply with the Zambian Environmental legislation and World Bank Safeguard requirements, ZESCO carried out Environmental and Social screening of targeted project sites. The screening exercise was undertaken in all project sites to determine the level of environmental and social studies that may be required for the project. The screening exercise revealed that project implementation would result into minimal negative environmental and social impacts in some areas. In view of that, all the project sites were given conditional approval for implementation by ZEMA and decision letters were issued to ZESCO. In fulfillment of conditional approval for project implementation by ZEMA and World Bank Safeguard requirements, ZESCO is in the process of preparing and implementing Abbreviated Resettlement Action Plans (ARAP) for the Project. In view of the foregoing, several stakeholders who include the local community, chiefdoms, government institutions and local authorities, among others, have been informed of ZESCO’s intentions. The On-grid Electricity Access Expansion component will involve the construction of High Tension (HT) 33/11kV and medium/low voltage (MV) 400/230V distribution lines and installation of distribution transformers in selected rural areas. The High Voltage (HT) power lines to be constructed are planned to have a right of way (ROW) of 22m width (11m on either sides). The construction and operation of the project will require that affected people are compensated for the permanent loss of crops, fruit trees or built structures. In order to determine the impact of the proposed project on the local community, I want to gather information from you about your household and affected business for planning purposes. The information gathered through this questionnaire will also be used to determine your eligibility for compensation should your business be inconvenienced. The cut-off-date is ……………………………… ZESCO has asked you to participate in this survey, your participation is voluntary and this information will be used to meet any statutory requirement by ZEMA or any other government department. By providing your signature (or mark), you indicate your consent and you agree that the information you have provided is true and accurate based on your personal knowledge. You also warrant that you have authority to provide information on behalf of your household members and to consent on their behalf that ZESCO may use the information as described above. ZESCO is committed to ensuring the confidentiality of information collected from you. ZESCO will not use personal information collected from you and your household for any reason other than stated above. This Introduction has been read and explained to me. Respondent is 1- Owner, 2- Mandated ____________________________________________________ 60 Signature of Respondent A. IDENTIFICATION 1. Respondent details and photo Note: Respondent must be an adult member of the household. 1.a. Name of respondent (First Middle Last Name) 1.b. Relationship of respondent to Household Head 1. Head, 2. Spouse, 3. Son/ Daughter, 4. Son/Daughter-in-Law, 5. Grandchild, 6. Parent, 7. Other relative, specify 1.c. Camera No 1.d. Photo Number A. BUSINESS ENTERPRISES – complete separate sheet for EACH Business Enterprise 1: Is the business enterprise a licenced/registered/permitted business ? Y N 2: If YES, please provide licence/registration/permit number. 3: Is this business From fixed As a mobile / On a project/ Other (Please enterprise run .......? business premises itinerant business construction site specify) -1- -2- -3- -4- 4: If Other, please specify: 5: Is this business Only some days in Only some days Daily/Every day Less frequently enterprise run .......? the week per month -1- -2- -3- -4- 6: Please describe the main business activities in detail: (e.g. selling of goods; selling of services; contractor services) 61 7: For how long (in years) or since when (year) has this Business Enterprise been actively operating? 8: Does the business carry 9: If Yes, what is the monetary value stock? Y N of the current stock? 10: Does this business enterprise 11: If YES, how many staff are employ any regular staff to operate? Y N presently employed? 12: Does this business enterprise 13: If Yes, what is the monetary use any tools/equipment to Y N value of your current equipment/ operate/do business? tools? 14: Please provide a description of the tools/equipment currently owned by the business enterprise. 15: Do you keep regular records of your stock, daily/weekly revenue 16: What is the average monthly Y N and regular operating expenses? revenue/income/turnover? 19: Do you have Annual Financial 17: What is the monthly average Statements for the previous year? Y N total of operating expenses (excluding wages)? 20: Which month is the end of your 18: What is the average monthly financial year? (abbreviate month) N/A wage bill? VERIFICATION: We, the undersigned, agree to the assessment of the BUSINESS ENTERPRISE by the Survey Team and hereby append our signatures as evidence that we were present when the survey was undertaken BUSINESS OWNER / MANAGER SURVEYOR NAME (in print) NAME (in print) SIGNATURE / THUMBPRINT SIGNATURE / THUMBPRINT DATE DATE HEADMAN WITNESS NAME (in print) NAME (in print) SIGNATURE / THUMBPRINT SIGNATURE / THUMBPRINT DATE DATE 62 APPENDIX 4 PUBLIC NOTICE—OFFICIAL NOTICE OF PROJECT CUT-OFF DATE— EFFECTIVE 3 DECEMBER 2020 Electricity Service Access Project (ESAP) ZESCO Limited would like to inform the general public that the cut-off date for any new construction or economic start-up activities in the area identified for the construction of power lines under ESAP has been set as 3 December 2020. This follows the completion of the detailed survey and socio-economic survey which involved the counting of structures and other economic activities in the project area which commenced on 21 November 2020 and was completed on 3 December 2020, respectively. Having undertaken this survey and identified the area as being free of encumbrances, the public is hereby advised as follows: ➢ The Project will NOT compensate anyone for any new construction structures or economic activities that will be in found in the area earmarked for the construction of the power lines after the stated cut-off date. ➢ Any individuals that will undertake any construction and/or engage in any economic activities in the identified project area will be doing so at OWNER’S RISK and will NOT be eligible for compensation. Please be informed that a Feedback and Grievance Redress Mechanism has been set up for individuals who may want to have particular grievances considered. Should there be need for more information regarding the cut-off date, the general public is advised to contact the undersigned on Tel: +260-211-362093/+260-211-362342/2354/2453 or visit any nearest ZESCO Office. Signed Kennedy Sichone Project Manager – LTDRP/ESAP 63 APPENDIX 5 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80