RESETTLEMENT POLICY FRAMEWORK (RPF) IRAQ TRANSPORT CORRIDORS PROJECT – ADDITIONAL FINANCING PREPARED BY: MINISTRY OF CONSTRUCTION, HOUSING, MUNICIPALITIES AND PUBLIC WORKS, ROADS AND BRIDGES DIRECTORATE (BAGHDAD) IN COLLABORATION WITH GENERAL DIRECTORATE FOR ROADS AND BRIDGES (DOHUK) NOVEMBER 2020 1 / 35 Contents 1 Chapter 1: INTRODUCTION .................................................................................................... 5 1.1 Project Background ............................................................................................................ 5 1.2 Project Development Objective .......................................................................................... 6 1.3 Project Description.............................................................................................................. 6 1.4 Rationale for Resettlement Policy Framework .................................................................. 8 2 Chapter 2: OBJECTIVES AND KEY PRINCIPLES ................................................................. 9 2.1 Objective of the Framework ............................................................................................... 9 2.2 Key Principles ..................................................................................................................... 9 3 Chapter 3: LEGAL FRAMEWORKS....................................................................................... 11 3.1 National Legal Framework ............................................................................................... 11 3.2 World Bank Policy ............................................................................................................ 14 3.3 Gaps between Iraqi Law and the Bank Policy ................................................................. 14 4 Chapter 4: ELIGIBILITY CRITERIA FOR AFFECTED PERSONS ................................... 17 4.1 Defining Affected Persons ................................................................................................. 17 4.2 Eligibility Criteria ............................................................................................................. 18 4.3 Estimated potential resettlement impacts ......................................................................... 19 5 Chapter 5: METHODS FOR VALUATION AND COMPENSATION ................................... 20 5.1 Asset Valuation.................................................................................................................. 20 5.2 Compensation .................................................................................................................... 21 6 Chapter 6: INSTITUTIONAL ARRANGEMENTS FOR RESETTLEMENT PLANNING AND IMPLEMENTATION .............................................................................................................. 22 6.1 Procedures for delivery of Entitlements ........................................................................... 22 6.1.1 Project Social Screening .................................................................................................. 22 6.1.2 Preparation of Socio-Economic and Inventory Survey ..................................................... 22 6.1.3 Preparation of Resettlement Action Plans ........................................................................ 23 6.1.4 Identification of Vulnerable Groups ................................................................................ 24 6.2 RAP Review and Approval ............................................................................................... 25 6.3 RAP Disclosure.................................................................................................................. 25 6.4 RAP Implementation .......................................................................................................... 25 7 Chapter 7: STAKEHOLDER CONSULTATIONS ................................................................. 26 7.1 Consultation for RPF preparation.................................................................................... 26 2 / 35 7.2 Consultation in Resettlement Planning and Implementation .......................................... 26 8 Chapter 8: GRIEVANCE REDRESS MECHANISM .............................................................. 28 9 Chapter 9: Resettlement Cost, Budgeting and Funding ........................................................... 29 10 Chapter 10: MONITORING AND EVALUATION............................................................ 30 10.1 Internal Monitoring .......................................................................................................... 30 10.2 External monitoring .......................................................................................................... 30 10.3 Monitoring and Evaluation Indicators ............................................................................. 30 11 Annex 1: CONSULTATION ................................................................................................. 31 11.1 Minutes of consultation meetings with key stake holders ................................................ 31 11.2 Photos of participants during the virtual consultation session on November 5 th 2020 .... 34 3 / 35 List of Acronyms AF Additional Finance ARAP Abbreviated Resettlement Action Plan ESIA ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan GoI Government of Iraq GRM Grievance Redress Mechanism GDRB General Directorate for Roads and Bridges (Dohuk) IBRD International Bank of Reconstruction and Development IDPs Internally Displaced Persons ILA Iraqi Land Authorities KRI Kurdistan Region of Iraq LACP Land Acquisition and Compensation Plan LTA Land Tenure Administration MOCHMPW Ministry of Construction, Housing, Municipalities & Public Works OP/BP Operational Procedure/Bank Policy PAP Project Affected People PMT Project Management Team RAP Resettlement Action Plan RPF Resettlement Policy Framework RBD Roads & Bridges Directorate ROW Right of Way TCP Transport Corridors Project UN United Nations WB/WBG World Bank/World Bank Group 4 / 35 1 Chapter 1: INTRODUCTION 1.1 Project Background The ongoing Transport Corridors Project (TCP) (US$ 355 million, IBRD) supports the safeguarding of the road corridors assets and improving traffic safety along segments of Expressway No. 1 in Southern and Western Iraq as well as improving connectivity along the North - South trade corridor in Kurdistan Region of Iraq (KRI). The project is progressing towards achieving the Project Development Objective (PDO). The Additional Financing (AF) will finance a scale-up of existing project activities to extend the coverage of the rehabilitation to additional strategic economic corridors as part of the Iraqi national road network. In addition, the AF would support the government attracting private investments in the maintenance of Expressway No. 1 through a Performance-Based Road Maintenance Contract as well as constructing Expressway No. 2 - the North - South economic corridor between Baghdad and Erbil towards the Turkish borders. Iraq’s transport infrastructure has suffered from almost four decades of conflict, neglect and underinvestment. Aging infrastructure, lack of maintenance and the inability of the Government of Iraq (GoI) to fund, maintain or operate such infrastructure greatly impedes services and market growth. Limited and unreliable services hits both households and businesses. This increases travel times for passengers and goods, and reduces traffic safety, automatically leading to higher transport rates and prices at markets. Poor road management and maintenance, combined with limited enforcement of traffic and road safety laws, has resulted in an increase in the number and severity of traffic accidents, Road sector improvements will be closely linked with efforts to improve service delivery, employment and economic growth. Lower VOCs due to improved road corridors conditions would directly benefit transport operators as well as consumers and industries that would be able to buy products at lower prices. Road sector investments through the AF will also bring important benefits to areas with high unemployment and limited economic opportunities. They will also create job opportunities, particularly those for vulnerable groups such as the Yazidi population in KRG and IDPs and refugees, which otherwise would have been left out. During construction unskilled and skilled workers will have the opportunity to be employed by contractors to generate livelihoods. The AF will support incorporating relevant citizen engagement activities and it will also provide the opportunity to explore and possibly pilot innovations and technologies that can be adapted to Iraqi road sector. This AF will contribute to increasing the resilience of the existing and newly built road infrastructure by number of measures, for example: utilizing polymer modified bitumen to improve the capacity of asphalt mixtures to sustain increased load and temperatures, cleaning and repairing drainage system to enable better protection from flood damage, repairing curb stones on embankments to direct the rainfall runoff towards drainage elements and thus protecting pavement and embankments from extreme rainfall events. In addition, simple, but effective measures will be utilized for new infrastructure, such as vegetation cover at embankments, aligning drainage elements based on records for flood flows, increased capacity and strength for culverts, etc. Several sub-projects will be implemented near rivers (Euphrates and Tigris) and through its characteristics will enable greater mobility during extreme events, increase the capacity to cross rivers, while at the same time providing 5 / 35 easier and safer access for vulnerable groups and farmers to their markets. 1.2 Project Development Objective 1. The Project Development Objective is to improve road transport connectivity and safety on selected road sections along Expressway 1, the North-South transport corridor and other strategic transport/economic links in Iraq. 2. The PDO is revised to reflect the support to improve additional economic corridors in the various parts of Iraq (strategic elements of the Iraqi road network), as well as the support in improving sector management, private sector engagement, mobility across borders and generate employment for skilled and unskilled Iraqis workers including in high poverty and unemployment governorates. 1.3 Project Description 3. The design of the proposed AF is similar to that of the parent TCP. It is fully aligned with the TCP’s strategy and objective. Both are intended to complement the GoI’s efforts in improving road transport connectivity and traffic safety. Proposed changes comprise: (i) expansion of geographical coverage of the PDO to new road sections to be rehabilitated or built, (ii) beneficiary targeting to include those along and nearby new road sections to be rehabilitated or built, (iii) revision to the scope of works on rehabilitation and new construction, including supervision services, under Component A: Transport Corridors Improvement, (iv) modification of technical assistance reflecting changes resulting from GoI decentralization and continued need to improve road maintenance and management practice. 4. Component A: Transport/Economic Corridors Improvements and Technical Assistance to RBD Baghdad (IBRD US$ 480.25million). This component is same to that described for the parent TCP. Through works and services contracts, this component will support activities that address infrastructure deficiencies that enable the transport of goods and people in a safer manner and with better services and improved communication system: a. Construction, rehabilitation, widening and maintenance of strategic road network (approx. 675 km) (Baghdad - Kut - Amara – Basra Highway (HWY), Fajer intersection – Albdeir - Diwaniya - Najaf HWY and additional road corridors to be confirmed at later stage): Carrying out civil engineering works for rehabilitation and maintenance of existing roads. At least eighteen works contracts; b. Construction, rehabilitation and maintenance of bridges (construction of Fajer Interchange, maintenance of existing Rustumieh bridge and construction of second Rustumieh bridge, maintenance of 13 bridges in Baghdad, and additional bridges and interchanges to be confirmed at later stage: Carrying out civil engineering works for rehabilitation and maintenance of existing bridges). At least eight works contracts; c. Engineering supervision services: This includes design, design review, carrying out supervision of civil works and supervision of the implementation of environmental and social management plans associated with the civil works; d. Improving road sector management: this will include support to implement the findings and recommendations of the technical assistance related to ICT in road management, implementing traffic accident database; implementing the system of regular traffic counting; revising traffic and axle loads regulations, activating the weight and axle load control system and introducing effective enforcement measures; improving maintenance management 6 / 35 practice at both state and governorate levels, including piloting performance based maintenance; implementing; facilitating trade with neighboring countries (Jordan, Kuwait and Turkey) by modernizing border crossing operations; assessing and improving sustainability and resilience of the road network through increasing the managerial and operational capacity for rapid response to risk occurrence, potentially including weather monitoring stations and mobile platforms for informing road users among other measures; e. Public – Private Partnership in the road/economic corridors sector: With many corridors still in desperate need for rehabilitation and maintenance, mobilizing private financing to maintain, operate and recover its cost through introducing different tools will be a way forward for the government to foster. Such approach will also enable the opportunity for affordable and cost-effective actions to increase the network’s resilience capacity. Specifically, the project would support mobilizing private financing for: (i) the rehabilitation and maintenance of southern segments of Expressway 1 between Baghdad and Basra (550 km) (ii) the construction of the North - South corridor (Expressway No. 2) between Baghdad and Erbil (500 km). f. Project management and implementation entity in monitoring technical, environmental, social aspects and financial aspects through financing a pool of international, regional and local experts, and training and incremental operating cost (ICT). 5. Component B: Transport/Economic Corridors Improvements and Technical Assistance to GDRB Dohuk (IBRD US$ 68.75 million). Through works and services contracts, this component will support activities that address infrastructure deficiencies that enable the transport of goods and people in a safer manner and with better services and improved communication system in KRG: a. Completion of the North - South transport corridor remaining works between Girsheen and Suheila intersection (22km): this would include upgrading the safety measures along remaining segments of the North - South corridor to reduce traffic accidents related fatalities. b. Construction of two overpasses along Segment 2 of Dohuk – Zakho Road corridor: Carrying out civil engineering works for construction of the two overpasses. Two works contracts; c. Rehabilitation/widening of an additional segment of the North – South corridor (tbd). Two works contracts (23km); d. Engineering supervision services: This includes design review, carrying out supervision of civil works, and supervision of the implementation of environmental and social management plans associated with the civil works. e. Public - Private Partnership in the road/economic corridors sector: support the mobilization of private financing to maintain, operate and recover its cost through introducing different tools will be a way forward for the government to foster. Such approach will also enable the opportunity for affordable and cost-effective actions to increase the network’s resilience capacity. Specifically, the project would support mobilizing private financing for: (i) Support Performance-Based Road Maintenance contracting along the north – south corridor in KRG (86 km) 7 / 35 f. Project management and implementation entity, and support monitoring technical, environmental and social aspects and financial aspects through financing a pool of international, regional and local experts, and training and incremental operating cost. 1.4 Rationale for Resettlement Policy Framework The AF of the TCP will unlikely involve land acquisition as it will only finance rehabilitation of existing roads or widening within the right of way. However, new elements such as bridges will be constructed, and the right of way could include some encroachers. It is, therefore, uncertain if permanent and/or temporary land acquisition (less than two years) will occur during project implementation. Several issues may increase the complexity of land acquisition such as the lack of reliable land record systems, and the inability of people losing land to either document ownership or be physically present to make their claims for eligibility for compensation. Due to the lack of clarity about the exact scope and design of the sub-projects under the AF, this Resettlement Policy Framework (RPF) is being prepared based on the requirements of World Bank Policy on Involuntary Resettlement OP 4.12 and relevant Iraqi laws and regulations as a guideline for resettlement planning and implementation. The need for involuntary resettlement or land acquisition in specific subproject area will only be known during project implementation, and when site-specific plans are available. 8 / 35 2 Chapter 2: OBJECTIVES AND KEY PRINCIPLES 2.1 Objective of the Framework The purpose of the RPF is to set down the principles for resettlement impact mitigation, as well as to clarify the organizational arrangements that may be needed during project preparation and implementation phases. This includes compensating all project affected persons (PAPs) for the loss of lands, properties, and livelihoods resulting from displacement and resettlement, as well as assisting these people in relocation and rehabilitation. The RPF may be triggered whenever any of the project’s activities entail the acquisition of land and / or the displacement of people, causing the loss of land, property, assets, access (to land, property, and assets), income, or sources of livelihood. This framework shall cover all the project’s activities and shall apply to all displaced persons regardless of the total number affected, the severity of impact, and whether or not the affected persons have legal title to the land. Since resettlement often affects the most vulnerable and marginalized groups (economically, politically, and socially), the RPF shall be particularly sensitive to the affects which displacement may have on these groups, including the poor, landless, elderly, women, children, ethnic minorities, or persons with specific mental or physical disabilities. Every effort will be made to avoid or minimize the need for land acquisition and resettlement for any sub-project. In the unlikely and exceptional event that any of the components under the project require additional land, houses and other assets becomes unavoidable; the projects shall adopt this RPF. 2.2 Key Principles The principles outlined in the World Bank’s OP/BP 4.12 have been adopted in preparing this RPF. In this regard the following principles would be applied: 1. Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. Where land acquisition is unavoidable, the project will be designed to minimize adverse impact on the PAPs, especially the vulnerable groups; 2. All PAPs will be compensated, relocated and rehabilitated, if required, so as to improve their standard of living, income earning capacity and production capacity, or at least to restore them to either pre-displacement or pre-project levels, whichever is higher; 3. All PAPs residing in, or cultivating land, or having rights over resources within the subprojects areas are entitled to compensation for their losses and/or income rehabilitation. Lack of legal right to the assets lost will not bar the PAP from entitlement to such compensation, rehabilitation and relocation measures; 4. The rehabilitation measures to be provided are (i) compensation at full replacement cost for houses and other structures; (ii) compensation for land acquisition; (iii) dislocation allowance and transition subsides; (iv) full compensation for crops, trees and other similar agricultural products at market value; and (v) other assets, and appropriate rehabilitation measures to compensate for loss of livelihood; 9 / 35 5. Land-for-land is the preferred option. Land-for-land may be substituted by cash provided that: (i) land is not available in the proximity of the subproject area; (ii) PAP willingly accept cash compensation for land and all assets on it; and receive full replacement value without any deductions for depreciation; and (iii) cash compensation is accompanied by appropriate rehabilitation measures which together with project benefits results in restoration of incomes to at least pre-subprojects levels; 6. Resettlement plans will be implemented following consultations with the PAPs, and will have the endorsement of the PAPs; 7. Any acquisition of, or restriction on access to resources owned or managed by PAP as common property will be mitigated by arrangements ensuring access of those PAP to equivalent resources on a continuing basis. 10 / 35 3 Chapter 3: LEGAL FRAMEWORKS Resettlement and land acquisition issues under the proposed Project will be addressed through relevant laws and regulation of Government of Iraq and the World Bank’s Operational Policy on Involuntary Resettlement OP 4.12. The RPF represents the reference to be used in managing land acquisition issues and addressing the involuntary resettlement and displacement of people related to WB financed projects. The Reconstruction Fund for Areas Effected by Terroristic Operation shall be committed to complying with the national laws and WB policies and to any future amendments to them. 3.1 National Legal Framework There are three main forms of land ownership in Iraq: 1. Public or government owned land; 2. Private land which may be alienated/transferred freely; and 3. Leased land. The land is owned by the government but leased to individual which is in most cases the agricultural land and the Ministry of Agriculture is the government agency in charge of the management of the leased land. The national law which governs land acquisition is the Land Acquisition Law No. 12 issued in 1981 and was updated in 1998. It specifies that the State has the right to remove encroachers’ state-owned lands without compensation. Below are the relevant provisions: Article 4. Directorates and social and joint sectors which have the right to possess property can agree with the property owner or the land owner to possess the property by agreement either in kind or in cash depending on the price estimated by the commission established according to this law. If the property is a public property, all partners shall approve this. Article 9. In order to implement their projects and achieve their goals, government departments and social and common sectors which have the right to legally possess a property can request to possess any property, part of it, or its relevant original property rights, according to the rules of this law. Article 22. If the property or the real estate right requested for acquisition is owned by government departments or the social or common sectors, the property shall be possessed administratively and the compensation is determined by the parties' agreement. Article 29. i) If the property requested for acquisition is land or an orchard, the holder can, in consultation with the Ministry of Finance or the Ministry of Agriculture & Agriculture Reform, compensate the property owner for the land or orchard at the same value of the Administrative Unit of the land or orchard requested for acquisition. With property owner agreement, the holder can compensate him/her with land or orchard outside the Administrative Unit boundaries. ii) If the property requested for acquisition is not land or an orchard, the holder can, by agreement with the property owner, offer him/her a property or other real estate as compensation for the property requested for acquisition. 11 / 35 Article 31. Compensation to farmlands. First: The value of the land is estimated by durum (unit of measurement) and with the prices of 1973 by referring to the selling procedures of the Land Registry Office as a basis to fairly compensate as follows: 1. If the land is an absolute property and has been transferred to the property owner in or before 1973, the compensation is determined according to the prices of 1973, adding 4% amount for each year till the date of inspection and estimation. The compensation should not exceed the prevailing price. And part of the year considered as a year, if it is more than six months. 2. If the land is transferred to the property owner after 1973, the compensation is determined according to the price registered in the property record adding to it the percentage mentioned in Item a) / First and the prevailing price during the inspection and estimation. Second: In order to define the prevailing price during inspection and estimation, it shall refer to the land production, its location, its distance from markets, its fertility, irrigation and planting methods and other land qualifications identified locally. Third: a) The compensation for disposing of lands owned by the Government is estimated by considering the lands’ value as it is considered an absolute property according t o the basis mentioned in Items First & Second of this article. The compensation received by the Government is deducted according to the percentages laid down in Article 5 of the Law of Unifying Government’s Lands Types No. 53 of 1976. b) The value of facilities built on the land owned by the Government and decided for disposition is estimated according to rules mentioned in this law if these facilities have been founded for planting purposes, including the house of the land owner and the house of the land workers or if these facilities have been established according to valid legislations. These facilities may be demolished if they are not built for planting purposes or they are proved to have been built contrary to valid legislations. Fourth: The land is covered by rules of this law if it is used for planting or could be used for planting based on its status during acquisition request regardless of the area, its location and its type mentioned in the property record. This rule applies for planted lands which do not match the orchards conditions mentioned in the Agricultural Reform Law. Article 32. Compensating Orchards & Planted First: The value of trees planted on the land is estimated in the same way mentioned in Article 31 of this law as it is considered an orchard. The utilities are estimated according to the rules mentioned in Article 33 of this law. Second: The value of trees is estimated according to the prevailing prices in the area as of the date of inspection and estimation taking into consideration the tree species, its age and whether it is fruitful or not and other known qualifications. Article 33. Property Compensation 12 / 35 The values of residential, industrial, commercial properties and land for constructing buildings are estimated according to the prevailing prices during inspection and estimation regardless of their value after implementing the project according to the following rules: First: Taking into account the location of the property, its level of construction, area, assets, type of construction materials and its income are considered when estimating the compensation. Second: The property value estimated by the Land Registry Office and the values of neighboring or equivalent properties, or their selling prices, or their annual lease whether actual lease, or property tax estimated lease could be referred to when estimating. Third: The value of land and the value of buildings and other utilities and property (if any) are estimated separately. Fourth: The estimation is by the cubic meter or by the standard measurement unit. The Estimation Commission can estimate by a previous decision the compensation as a whole or by any other normally accepted method as an estimate to get the fair compensation. Article 49. Property Owner Loss due to Acquisition In the case of partial acquisition, the property owner could request repossession of the whole property if the part left did not benefit from government improvement. The Court could decide to return the whole property to the owner if the Estimation Commission verifies the lack of benefit. Article 50. If the partial acquisition leads to damages to the remaining portion of the property, the property owner is entitled to receive compensation for said damages. Article 51. Loss due to Acquisition If implementing the project results in damage to the property which has not been taken, the property owner may request compensation for said damage. In addition, this law does not require consideration of alternatives to relocation for affected people who are encroaching on state lands (squatters). Iraqi civil law No. 40 of 1951 Article 192. It is required to return the money (assets) to the plundered itself and handed over to its owner in place irregularity if it’s exists, or if the usurper has the money elsewhere with him if he (the plundered) wishes he can take the money (assets) there. And request a throwback to the place irregularity will pay for transportation and pantry response to a usurper and this without prejudice Compensation for other damage. This law also recognizes the entitlement of the squatters. Iraq’s Public Roads Law No. 35 of 2002 Iraq’s Public Roads Law No. 35 of 2002 details procedures and practices to be followed on resettlement and acquisition of land and property relating to road construction and rehabilitation and builds on Iraq’s earlier Law No. 12 of 1981 on Land Acquisition. It should be noted that for legal purposes land in KRG 13 / 35 is all state-owned. Few instances of privately held land exist and these are almost entirely in urban areas. State-owned agricultural land is often leased and, in such cases, is often commonly referred to as “private land” by leases. Some of the key provisions under Law No. 35 for Public Roads are that the state -owned lands can be acquired from users of such lands. The law provides that the State can acquire up to 25% of the leased State land without compensation, except that cash compensation is given to leasees for the crops grown on these lands as well as for crops grown on the remaining packet of leased land for one year. Cash compensation amounts for various types of crops and trees are based on the Council of Ministers’ Decision No. 360 of 2008. In instances where an entire packet of leased land must be acquired from a leasee, cash compensation is provided for the value of the crops on that land for one year, and the leasee is also compensated by the allocation of 12% of the total land packet to him/her as “privately” owned land. In practice, however, there are some instances where this land compensation has been provided in an urban rather than agricultural area. 3.2 World Bank Policy The World Bank’s Policy applicable to this project is: The Operational Policy on Involuntary Resettlement Policy OP 4.12. The objectives of the Bank’s OP 4.12 are to: 1. Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs 2. Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least restore them 3. Encourage community participation in planning and implementing resettlement 4. Provide assistance to affected people regardless of the legality of land tenure. The World Bank’s policy requires that a Resettlement Plan be prepared whenever private property must be acquired, or its use modified, for a project, and the acquisition or modification of privately owned lands results in the loss of income, residence or access to resources, either permanent or temporary and whether the occupation is legal or illegal. Any livelihoods impact or impacts on private lands (temporary and/or permanent acquisition) will be addressed through this RAP in accordance with the provisions of the World Bank’s Operational Policy (O.P 4.12). The World Bank’s OP 4.12 has precedence in terms of identification of adversely affected PAPs and provision of mitigation and compensation measures. 3.3 Gaps between Iraqi Law and the Bank Policy In some cases, the rules of Iraqi law may differ from World Bank Policy requirements. This may be the case with regard to the extent of stakeholder consultation/participation in the resettlement process, payment of compensation, grievance redress mechanisms, squatters and encroachers. In all these cases the requirements of the World Bank Policy on Involuntary Resettlement OP 4.12, as outlined in the following sections, will take precedence over the Iraqi regulations. National laws also do not require consideration of alternatives to displacement of PAPs located on State land. The table below summarizes the gaps between the World Bank Policy and Government Law. 14 / 35 Table 3-1 Comparison of Iraq Law and the Bank Policy Key Issue WB Iraqi Laws Policy of avoidance or Avoid or minimize by exploring all Not specified (but common practice minimization of viable alternatives; If resettlement by the Government has been to required – execute as sustainable displacement of Program. minimize this to the extent possible) persons Definitions of Adversely People impacted by: People impacted by involuntary Affected Persons 1. Involuntary taking of land 2. Loss of shelter, assets, income taking of land resulting in loss of sources or livelihood land, assets and livelihoods 3. Involuntary restriction of access to protected areas resulting in adverse impacts on livelihood Requirement for Full RAP required for 200+ Law provides for identification Resettlement Action Plan adversely affected people. through land title registration and a (RAP)/ Resettlement Abbreviated RAP for less than 200 compensation committee is formed Policy Framework (RPF) adversely affected people to verify adversely affected persons The law provides for cash compensation for one year of crops lost for the entire packet of land Leased/owned by the PAP. . Council of Minister’s Decision No. 360 of 2008 identifies compensation amounts for crops, trees, etc. 25% of agricultural land can be acquired without compensation. If the entire packet of land is acquired the PAP is provided with 12% equivalent as "private” land. Consultations Affected persons, communities, The only consultation requirement local authorities, NGOs – on is the negotiation procedure eligibility criteria for compensation between affected parties with the and assistance; Displaced persons compensation committee & their communities and host communities – participate in planning, implementing and monitoring resettlement; PAP’s will be meaningfully Consulted Impact on Informal Settlers Included, but only entitled to Law does not provide for resettlement resettlement assistance for structure assistance or mitigation for 15 / 35 Key Issue WB Iraqi Laws other assets lost (not land), and informal/illegal settlers. However, in livelihood losses during practice mitigation (cash) is often resettlement. provided Compensation for Replacement houses or full Not available. Housing/Structures replacement costs Compensation for Land Land in urban areas: market value Law provides for acquisition of of land of equal size/use w/similar 25% of land without compensation. public infrastructure and services in Acquisition of whole packets of same vicinity, plus cost of any leased state land provide for transfer taxes (BP 4.12) also known compensation of 25% of that land as replacement cost; packet size, sometime in Agricultural land: market value of agricultural areas and sometimes in land of equal productive potential Urban areas. in vicinity plus the cost of preparing land to levels similar to affected land plus cost of transfer taxes & registration (BP 4.12); “Land” also includes anything growing or permanently affixed to land – including crops (OP 4.12). Livelihood Support/ Provide development assistance Not provided for. Transitional Assistance such as land preparation, credit facilities, training or job opportunities (also includes business premises); (For impacts on agricultural land – PAPs that are actively cultivating affected land are given combination of training, money to invest to improve productivity, agricultural extension and income restoration allowance). Given the differences between GOI laws, regulations and instructions and OP 4.12, the GOI will treat this as an international agreement that the Bank’s OP 4.12 will supersede national laws where gaps are evident and find solutions to ensure that project implementation is in compliance with OP 4.12. Thus, the principles of OP 4.12 will apply to all project activities and guide the land acquisition and resettlement planning and implementation involved in the proposed project. 16 / 35 The proposed project will follow the Bank’s disclosure guideline consistent with its safeguards operational policies to include proper in-country disclosure of documents in a form and manner appropriate to, and accessible to the local population. The intent is to make safeguards documents available to all project stakeholders in their local languages, but especially directly impacted populations. 4 Chapter 4: ELIGIBILITY CRITERIA FOR AFFECTED PERSONS 4.1 Defining Affected Persons Project affected persons (PAPs) are defined in this policy framework as individuals (including owners, tenants, sharecroppers, squatters, encroachers, and so on) who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted projects. These impacts may constitute anything from the loss of physical assets such as land (including both permanent acquisition and temporary use), farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to nonphysical assets such as social capital and cultural networks and activities. Moreover, adverse impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas. Table 4-1 highlights some of the key losses that may arise from land acquisition. Table 4-1 Main Categories of Potential Impacts Land 1. Permanent land acquisition and temporary land use (less than two years) 2. Access to land Structures 1. Houses or living quarters (rented or owned) 2. Other physical structures (rented or owned) Income 1. Income from crops 2. Income from wage earnings 3. Income from fishing areas 4. Income from affected business 5. Access to formal employment opportunities Communal1 1. Public Schools 2. Public Hospitals 3. Markets 4. Community centers 5. Cemeteries 6. Social capital: networks, activities, relationships Religious and Cultural2 1. Religious shrines 1The sub-projects should not be permitted to infringe on or damage in any way public cemeteries or private graveyards or graves physical assets. If extremely necessary, such cases shall be subject to the laws of the Government of Iraq to this regard. 17 / 35 2. Worship areas (mosque, church, synagogue) 3. Cultural, historical, sites Environmental 1. Access to natural resources 2. Negative environmental impacts resulting from land acquisition or from the project itself 4.2 Eligibility Criteria All PAPs who suffer a complete or partial loss of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they occupied or used the land before the claim cut-off date. The Bank OP4.12 specifically proposes three general categories for eligibility as illustrated in Table 4-2. Table 4-2 Eligibility and Entitlement Displacement Category Entitlement Individuals who have formal 1. Compensation for loss in land and assets at full replacement cost. legal rights to land (including 2. In case of physical relocation, provide assistance during relocation customary and traditional (i.e. moving allowances) and residential housing and / or agricultural rights recognized under the sites with productive and location advantages equivalent to the lost laws of Iraq) sites. 3. Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels. 4. Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities). Individuals who do not have 5. Compensation for loss in land and assets at full replacement cost. formal legal rights to land, 6. In case of physical relocation, provide assistance during relocation but have a claim to such land (i.e. moving allowances) and residential housing and / or agricultural or assets (provided that such sites with productive and location advantages equivalent to the lost claims are recognized under sites. Iraqi laws or become 7. Support after displacement, until livelihoods and standards of living recognized through a process are restored to either pre-displacement or pre-project levels, identified in the resettlement whichever is higher. plan) 8. Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities). PAPs who have no 9. Resettlement assistance (such as cash, employment, other assets and recognizable legal right or land) in lieu of compensation for land claim to the land they are 10. Other assistance necessary for achieving the objectives of the World occupying Bank Policy OP 4.12 2 The sub-projects should not be permitted to infringe on or damage in any way religious or cultural physical assets. If extremely necessary, such cases shall be subject to the laws of the Government of Iraq to this regard . 18 / 35 4.3 Estimated potential resettlement impacts The project will unlikely involve land acquisition as it will only finance repairs and reconstruction of damaged infrastructure of existing footprints. However, it is uncertain at this stage if any permanent or temporary land acquisition (less than two years) will occur during project implementation due to the unavailability of sub projects designs. Accordingly, it is possible to claim that no significant involuntary resettlement impacts are anticipated under the sub-projects of the additional finance and that the design of the sub-projects will consider avoidance mechanisms to avoid, minimize and compensate any negative impacts related to involuntary resettlement. However, it is hard to estimate the exact magnitude of the impacts at this stage. 19 / 35 5 Chapter 5: METHODS FOR VALUATION AND COMPENSATION 5.1 Asset Valuation The valuation of losses in physical assets will be carried out by assessing the market value of the assets, if known, and estimating the replacement cost. Replacement cost is simply calculated as the cost of replacing the lost assets plus any transaction costs associated with brining the asset to pre-displacement value. However, the valuation of crops will be mainly relied upon the price lists developed by the Agriculture directorate and revisited annually which is determined based on the market prices and productions. In case of the project involves any impacts on interruptions of businesses, compensation will be based on the actual loss of owners and workers. Replacement cost will differ depending on the type of asset, as illustrated in Table 5-1. Table 5-1 Replacement Cost of Assets Asset Replacement Cost Agricultural Land Equals the pre-project or pre-displacement, whichever is higher, market value and leased of land of equal productive potential or use located in the vicinity of the agricultural lands affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. (for leased lands the responsible Ministry will buy the land from the Ministry of Agriculture and the Ministry of Agriculture will Equal the pre-project or pre- displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land Urban Land Equals the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. Houses /Other Equals the market cost of the materials to build a replacement structure with Structures an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Depreciation and salvage materials will not be deducted. Crops and trees Trees and crops will be compensated based on the market value. The market value will be determined a committee of experts with Agricultural Directorate. 20 / 35 5.2 Compensation Compensation will be provided to all individuals whose assets or access to assets is affected or damaged, as a consequence of land acquisition or any other activities undertaken by the projects. The compensation for the loss of physical and nonphysical assets will vary depending on the type of loss, and eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, and/or assistance. All PAPs will be entitled to monetary compensation at replacement cost, at market value (at the entitlement cut-off date) for affected tangible assets. Another option may be in-kind compensation where the affected assets would be replaced with an asset of similar size, value, and quality. The decision on which type of compensation is used should be jointly agreed upon between the project staff and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance needed to restore the livelihood and standard of living of PAPs under the subproject to either pre-displacement or pre-project levels, whichever is higher, shall also be part of the compensation component of any resettlement plan (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc.). It should be noted here that compensation for losses in communal property shall only be in-kind for the community as a whole, and shall take the form of reconstruction of the affected or damaged facility (i.e. public school buildings, markets, etc.) to at least the same standard it was on prior to the project’s implementation. For the vulnerable and marginalized groups (economically, politically, and socially), the RPF shall be particularly sensitive to the affects which displacement may have on these groups, including the poor, landless, elderly, women, children, ethnic minorities, or persons with specific mental or physical disabilities 21 / 35 6 Chapter 6: INSTITUTIONAL ARRANGEMENTS FOR RESETTLEMENT PLANNING AND IMPLEMENTATION The overall responsibility for project coordination will remain with the Iraqi Ministry of Construction, Housing, Municipalities and Public Works (MOCHMPW) in Baghdad. The two Project Management Teams (PMTs) in Baghdad and Dohuk will continue to be responsible for actual project implementation for their relevant activities. The overall responsibility for preparation of the RAP will rest with the PMTs established in the RBD in Baghdad and GDRB in Dohuk. The PMTs will: a) be responsible for the routine management of the consultant’s recruitment to prepare the RAPs; b) assign expert from the Ministries’ environmental, social and legal specialists to support this work, and c) provide information required by the consultants. More specifically, the Technical Team of PMT will identify the location of the sub-projects based on various technical criteria and will determine the amount of land needed (if any) for the different sub-projects and/or the number of squatters and/or encroachers (if any) within the right of way. The responsibility of the PMT also covers cases of possible temporary land acquisition needed for the worker camps. 6.1 Procedures for delivery of Entitlements 6.1.1 Project Social Screening3 Once the location of sub-projects is determined, PMT and the consultants will obtain all permits/approvals related to the construction activities. Thereafter, the social development specialist of PMT will cooperate with relevant authorities to carry out social screening to determine whether or not the subprojects will result in any resettlement impact and accordingly PMT will decide the need for the preparation of a resettlement action plan or an abbreviated Resettlement Action Plan. 6.1.2 Preparation of Socio-Economic and Inventory Survey Based on the findings and results of the project screening, PMT and the consultants will carry out a socio-economic study and census survey, in which baseline data within the project sites is collected. This information shall include the PAPs and related household members or dependents, total land holdings, and affected assets amongst other things. This information will be put in writing and shall be used in determining the appropriate compensation and assistance for each affected individual / household. The objective of conducting this socio-economic survey is to: 1. Introduce the sub-project to the PAPs. 2. Collect census data to identify PAPs on the individual and household levels. 3. Collect census data to identify vulnerable and affected PAPs. 4. Collect census data on the overall socio-economic environment of the affected communities 5. Identify stakeholders. 6. Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property, structures, income, etc.). 7. Identify any concerns or worries the PAPs may have 8. Identify the resettlement preferences of the PAPs. 3 Please refer to Annex I in the ESMF (checklist of possible environmental and social impacts of projects) 22 / 35 6.1.3 Preparation of Resettlement Action Plans Any subproject that shall entail the acquisition of land or may result in the involuntary resettlement of people or loss or restriction of access to private or communal resources will require the preparation of a RAP or abbreviated RAP depending on the number of people affected or the significance of the resettlement impacts. The specific next steps for proceeding with RAP preparation are as follows: 1. Obtain detailed data on land use/land titling information from the land registration department and from Google Earth maps, and demographic and socio-economic and socio-cultural information, to identify who the affected people are under the project is as per OP 4.12. 2. The Project Management Team (PMT) will commission field surveys together with local project managers who are responsible for the rehabilitation of distribution substations of each Directorate, Land Registration Department, and from the Agricultural Department to identify and confirm information on the affected plots and assets. 3. Information will also be gathered on other livelihoods losses such as relocation of vendors encroaching on the project site. 4. Carry out broader socio-economic surveys to define broader social impacts, if any. 5. Define who are the implementation stakeholders; carry out detailed asset valuation; conduct public consultations on the project and proposed mitigations for adversely affected PAPs, develop grievance redress mechanisms; and detail project monitoring systems. The RAP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensation and assistance, and address the means by which the sub-project monitoring and evaluation will take place to ensure that the PAPs receive their compensation and that their grievances are heard and addressed. The mitigation measures and compensation policies proposed in the RAP shall be disclosed to the PAPs for feedback and comments. More specifically, the RAP should include the following when applicable: 1. A description of the sub-project 2. Identification of potential impacts 3. Objectives of RAP 4. Relevant findings of the socio-economic study 5. Legal framework 6. Institutional framework 7. Eligibility criteria and eligible PAPs 8. Valuation and compensation for losses 9. Resettlement measures 10. Site selection, site preparation, and relocation 11. Housing, infrastructure, and social services 23 / 35 12. Environmental protection and management 13. Community participation 14. Integration with host populations 15. Grievance procedures 16. Organizational responsibilities 17. Implementation schedule 18. Costs and budget 19. Monitoring and evaluation If fewer than 200 PAPs are affected, or if all the PAPs suffer only minor impacts (i.e., lose less than 10 percent of their income producing assets), and the subproject does not involve any physical displacement, then an abbreviated plan (ARAP) should be prepared. An ARAP should include: 1. A census survey of displaced persons and valuation of assets 2. A description of compensation and other resettlement assistance to be provided and the basis of compensation rates 3. Consultations with displaced people about acceptable alternatives 4. Institutional responsibility for implementation and procedures for grievance redress 5. Arrangements for monitoring and implementation 6. A timetable and budget 6.1.4 Identification of Vulnerable Groups By conventional definition, the vulnerable population, they are those groups of people who are typically excluded, disadvantaged or marginalized based on their economic, ethnic, social, or cultural characteristics. While various groups could fit within this description (e.g., women, youth, people with disabilities, refugees), there is always a need for a more specific and focused identification for them within the context of the project. The RPF analysis methodology for identifying the vulnerable groups and assessing project’s impacts on them has been influenced by the Sustainable Livelihood Approach (SLA) which helped in setting the scene for describing the context, motivations and resources of the affected vulnerable households. Specific attention should therefore be paid to the needs of the following vulnerable groups, including: a. Persons below the poverty line, the landless, elderly, women, children, disabled b. Project affected persons who may not be protected through national land compensation legislation. Vulnerable people will be identified at socio-economic survey stage. Each RAP to be developed under the project will identify the following factors with regards the vulnerability of those groups: a. Identify vulnerable people b. Identify project impact on them 24 / 35 c. Identify required assistance to the vulnerable persons at the various stages of the process: negotiation, compensation, moving, d. Implement the necessary measures to assist the vulnerable person, e. Monitor and evaluate continuation of assistance after resettlement and/or compensation. Assistance provided to vulnerable persons differs depending upon their individual needs and preferences. In general, assistance falls under one or more of the following forms: a. Assistance in the compensation payment procedure (e.g., going to the bank with the person to cash the compensation check), b. Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery. 6.2 RAP Review and Approval The RAP, including the proposed mitigation measures within the plan, will need to be reviewed by the technical team as well as environmental and social team and approved by PMT Head then will be sent to the WB for final review and approval. 6.3 RAP Disclosure Once the RAP is approved by the Bank, it will be translated into Arabic and disclosed locally as well as in the external website at the Bank. 6.4 RAP Implementation The PMT and relevant authorities are responsible for implementation of the RAP. 25 / 35 7 Chapter 7: STAKEHOLDER CONSULTATIONS 7.1 Consultation for RPF preparation Stakeholder consultations have been carried out as part of the AF RPF and ESMF development process. The purpose of the consultations sessions was to present the overall project design; explain its broader benefits at the national level; and begin to outline some of the anticipated adverse environmental and social impacts expected to result from project activities, and to enable the stakeholders to understand the project and its activities, as well as to ensure that their concerns and issues are considered during all phases of the project, including at the planning phase. Specifically, the objectives of the consultation’s sessions are to: 1. Inform the stakeholders and the public about the project. 2. Identify the main project stakeholders and their concerns. 3. Provide the opportunity for identified stakeholders to participate in the process of scoping significant environmental and social impacts. 4. Identify those environmental and social impacts/concerns which are considered to be of key relevance and importance for the RPF. 5. Ensure that appropriate approach and adequate focus are adopted during the RPF. For this RPF, a virtual consultation session has been conducted on November 5th 2020 with key stakeholders, line ministries and government officials. Please refer to annex 1 for more details. During the virtual session, most of the participants questions were mainly focused on potential land expropriation resulting from the project activities, as well as on the selection criteria of the subprojects. With regards to land expropriation, the RBD clarified that this has a low probability of occurrence since all the works fall within public domain and road right of way. However, where this occurs and/or encroachers were to be found within the right of way they will be entitled to compensation according to the RAP which will have to prepared for such cases. The potential RAP will be prepared according to the resettlement policy framework (RPF) prepared in conjunction with this ESMF. 7.2 Consultation in Resettlement Planning and Implementation Consultation will be an on-going activity taking place throughout the entire project cycle. Thus, consultation shall take place during the: 1. Project inception and planning, 2. Screening process, 3. Feasibility study, 4. Preparation of project designs, 5. Resettlement and compensation planning, 6. Drafting and reading/signing of the compensation contracts, 7. Payment of compensations, 8. Resettlement activities and, 26 / 35 9. Post compensation monitoring and as relevant community support activities. The consultation and participation must take place through local meetings, radio and television, requests for written proposals/comments, completion of questionnaires/application forms, public consultations and explanations of the Bank financed project ideas and requirements. The consultation must take into account low literacy levels prevalent in rural communities For the RAP preparation, consultations with the affected population, once identified through a census will be carried out on the specifics of resettlement impacts; resettlement options; and on the development of a grievance redressal mechanism suitable for the local context. The details on the census (who is affected); and on impacts (how are populations impacted) will determine the nature of the consultations and outreach methods including for instance, the tools that are best used to dissemination formation about the project; elicit stakeholder participation and also provide data on the nature of consultations to be conducted and how (i.e. informal, small group settings, the use of proxies; specific outreach methods for more vulnerable populations; Outreach methods for women, among other such issues). These will be developed once clarity on the detailed impacts is available. 27 / 35 8 Chapter 8: GRIEVANCE REDRESS MECHANISM The Bank’s OP 4.12 on Involuntary Land Acquisition and Resettlement requires that affordable and accessible procedures for third party settlement of disputes arising from resettlement (i.e., grievance redress mechanisms) would be available. This GRM should take into account the availability of judicial recourse as well as traditional and community dispute resolution mechanisms. In Iraq, the official channel is through court to hand the complaints involved in land acquisition. When the land (either owned by an individual or a government institute) cannot be purchased based on mutual agreement (through a willing buyer-willing seller approach), and there are not alternative sites for the project, the land has to be acquired by using eminent domain. In such case, the project entity or the responsible ministry will go to court and buy the land based on the value decided by the court. The landowners can appeal if they are not satisfied with the court decision. The second court decision will be the final. In addition to the official channel, a Grievance Redress Mechanism has been established at the project level for the parent project to ensure any grievance can be addressed in an amicable manner. The same GRM will be applied the additional financing. Resolving complaints at community level is always encouraged as it could address the problem of distance and cost the PAP may have to face in pursing grievance redress. While the details of the project grievance redressed system will be developed during the course of RAP preparation, and also in consultation with communities, its broad steps to be refined based on further consultations might include the following for written complaints:  First, the affected person sends his/her grievance in writing to the communities / community leaders. The grievance note should be signed and dated by the aggrieved person. Where the affected person is unable to write, s/he should obtain assistance from the community to write the note and mark the letter with his/her thumbprint. The community should respond within 14 days.  Second, if the aggrieved person does not receive a response or is not satisfied with the solution provided by the community, s/he lodges her or his grievance to PMT which should respond within 14 days.  Third, if the aggrieved person is not satisfied with the solution of PMT, s/he can go to the court. In any case, the PMT must maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made. 28 / 35 9 Chapter 9: Resettlement Cost, Budgeting and Funding At this stage, where the locations of the project have not yet been determined, and when the number of PAPs cannot be identified, it is not possible to provide an estimated budget for the total costs of resettlement that may be associated with the implementation of the project. Therefore, activities for resettlement plan will be funded like any other project. All costs related to land acquisition and resettlement under this project will be financed by counterpart funding.. Funds for implementing inventory assessments and resettlement plans will be provided by the implementing agency. In general, the cost of compensation will be borne by the project. The resettlement plan for a Bank financed project should include an itemized, indicative budget and the implementing agency will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the Bank financed project. This budget will be subject to the approval by the implementing agency. The implementing agency will have to finance the resettlement compensation because they will be impacting on the people’s livelihoods. Disbursements based on budgetary requirements, established by the resettlement plan in consultation with PAPs, will be made through the relevant PMTs. 29 / 35 10 Chapter 10: MONITORING AND EVALUATION 10.1 Internal Monitoring In line with WB requirements, internal monitoring for the implementation of the resettlement activities will be carried out by PMT. Internal monitoring will be held every three months, results and findings will be included in quarterly project progress report. The report will mainly cover resettlement policies and compensation standards, resettlement progress, delivery of resettlement compensation, provision of development and transitional assistance to PAPs (especially vulnerable groups), implementation schedule, fund disbursements, land or structure allocation, and grievances and redress. 10.2 External monitoring External Monitoring might be required to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner and ensure the effectiveness of the monitoring and evaluation activities carried out by PMT. The RAP will spell out the monitoring arrangements; more specifically, it will lay down the performance indicators which will be used to monitor the land acquisition and resettlement activities and the procedures to be used. 10.3 Monitoring and Evaluation Indicators The RAP monitoring indicators will be simple but robust indicators or proxies that should be as far as possible visible and verifiable and that will, according to the nature of the impacts, measure the following key outcomes against the pre-resettlement baseline. Some key monitoring and evaluation indicators are shown in the following table. Table 10-1 Monitoring and Evaluation Indicators Monitoring Evaluation Percentage of individuals selecting cash or a Proposed use of payments combination of cash and in-kind compensation Payment of compensation to PAPs in various Conformance to compensation policies described categories in the RAP Number of grievances Timeliness and quality of decisions made on grievances Delivery of technical assistance, relocation, Facilitation of access to technical and payment of transitional subsistence and moving development assistance and transitional allowances allowances Delivery of income restoration and development Ability of individuals and households to restore assistance sources of income Public information dissemination and consultation Timeliness, quality, and effectiveness of procedures consultation and information disclosure 30 / 35 11 Annex 1: CONSULTATION 11.1 Minutes of consultation meetings with key stake holders The TCP -AF is classified as Category A according to the WB OP 4.01. Consequently, the preparation of the RPF for the TCP-AF requires at least one consultation meeting. The objectives of consultation and participation process are to inform, consult and engage the local community and other local stakeholders about the project. For this RPF, a virtual consultation session has been conducted on November 5th, 2020 with key stakeholders, line ministries and government officials and was advertised, through different channels including: direct invitation letters; and social media. The purpose of the consultations sessions was to present the overall project design; explain its broader benefits at the national level and outline key anticipated adverse environmental and social impacts expected to result from subproject activities so that the stakeholders gain better understanding of the AF, its activities and potential impacts. Specific objectives of the consultation’s sessions were to: • Inform the stakeholders and the public about the TCP-AF. • Identify the main project stakeholders and their concerns. • Provide the opportunity for the identified stakeholders to participate in the process of scoping significant environmental and social impacts. • Identify and comment on the key environmental impacts/concerns. • Ensuring that appropriate approach and adequate focus are adopted during the ESMP. Findings of the consultation meetings: there was a general acceptance from participants to the additional financing and they all agreed that the project have multiple benefits. It was emphasized by the participants that there is no legal opposition to the land expropriation and in the case of expropriation of any land belonging to citizens, they will be compensated in accordance with the Iraqi laws in force and in a manner, that does not conflict with the rules of the World Bank Environmental and Social Management Framework and the Resettlement Policy Framework. Based on the responses received during the consultation session, some of the participants were still concerned with the project environmental, social, occupational health and safety and community health & safety. This will require an additional presentation of the project impacts and designed mitigation measures during the second round of consultations during the preparation of site-specific ESIAs. 31 / 35 Arabic Minutes of Consultation with key stake holders during the virtual consultation session on November 5th 2020 32 / 35 Attendance Sheet of Participants in Mosel on November 5th 2020 33 / 35 11.2 Photos of participants during the virtual consultation session on November 5th, 2020 34 / 35 35 / 35