SUSTAINABLE RURAL WATER AND SANITATION PROJECT - ADDITIONAL FINANCING NORTHERN REGION CONSTRUCTION OF GUSHIEGU SMALL TOWN PIPED WATER SYSTEM (GUSHEGU DISTRICT ASSEMBLY) ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) By Safeguards Teams: Gushegu District Assembly & Community Water and Sanitation Agency November 2018 Page 1 of 64 Table of Contents EXECUTIVE SUMMARY ............................................................................................................................ 7 1.0 INTRODUCTION ......................................................................................................................... 13 1.1 Brief Description of the Sub Project...................................................................................... 14 1.2 Sub-Project Activities, Location and Land Needs.................................................................. 14 1.2.1 Establishment of Six (6) Mechanised Boreholes ........................................................... 14 1.2.2: Transmission Lines ........................................................................................................ 15 1.2.3: High Level Tank ............................................................................................................. 15 1.2.4: Distribution Lines .......................................................................................................... 15 1.2.5: Standpipes..................................................................................................................... 15 1.2.6: Office Building ............................................................................................................... 15 1.3: Land Needs Justification and Minimization .......................................................................... 15 2: CENSUS SURVEY OF DISPLACED PERSONS AND VALUATION OF ASSETS.......................................... 16 2.1 Methodology ......................................................................................................................... 16 2.1.1: Identification of Affected Assets .................................................................................. 16 2.1.2: Identification of PAPs .................................................................................................... 16 2.1.3: Valuation of Affected Asset .......................................................................................... 17 2.1.4 Cut-off Date................................................................................................................... 18 2.2 Results ................................................................................................................................... 18 3.0: AFFECTED ASSETS .......................................................................................................................... 19 4: SOCIO ECONOMIC FEATURES AND AFFECTED PEOPLE’S LIVELIHOODS ........................................... 20 5.0: DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE ............................. 23 5.1 Payment of Compensation ................................................................................................... 23 5.2 Minimizing land acquisition and displacement..................................................................... 23 5.3 Compensation payment principles ....................................................................................... 23 5.4 Eligibility and entitlement of PAPs ........................................................................................ 23 5.5 Compensation Payment Team .............................................................................................. 25 5.6 Role of the Compensation Payment Team ........................................................................... 25 6.0 CONSULTATION WITH DISPLACED PEOPLE ..................................................................................... 25 7.0 PROCEDURE FOR GRIEVANCE REDRESS .......................................................................................... 26 7.1 Community Safeguards Teams / Community Grievance Redress ........................................ 26 District Safeguards Team .................................................................................................................. 27 7.3 Regional Safeguards Team .................................................................................................... 27 7.4 National Safeguards Team .................................................................................................... 27 8.0 MONITORING AND EVALUATION .............................................................................................. 27 9.0 INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT FOR IMPLEMENTATION ........................ 28 Page 2 of 64 10.0: TIMETABLE, BUDGET AND FUNDING ARRANGEMENTS ............................................................. 30 10.1 Timetable .......................................................................................................................... 30 10.2 Budget and funding arrangements ................................................................................... 30 11.0 COMPENSATION PAYMENTS TO PAPs UNDER PROJECT EXTENSION WORKS ..... 32 CONCLUSION......................................................................................................................................... 32 11.0 REFERENCES .................................................................................................................................. 33 APPENDIX I: PAP TABLE ......................................................................................................................... 34 APPENDIX II: PAPS UNDER PROJECT EXTENSION WORKS ..................................................................... 40 APPENDIX III: COMPENSATION PAYMENT FORM ................................................................................. 41 APPENDIX IV: COMPENSATION DISCLOSURE FORM ............................................................................. 42 APPENDIX V: GRIEVANCE REDRESS SHEET ............................................................................................ 43 APPENDIX VI: LAND ACQUISITION FORM ......................................................................................... 44 APPENDIX VII: COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL ....... 49 APPENDIX VIII: SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT .................................................. 54 APPENDIX IX: CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PAPs.................................. 55 APPENDIX X: MINUTES OF MEETING WITH PAPs ................................................................................. 57 APPENDIX XI: EVALUATION INDICATORS FOR RESETTLEMENT ISSUES ................................................ 62 APPENDIX XII: GRIEVANCE REDRESS MECHANISM ............................................................................... 64 List of Tables Table 1: System Components ............................................................................................................... 14 Table 2: Other Key System Profile ........................................................................................................ 14 Table 3: Land Valuation Division Approved Annual Crop Rates ........................................................... 17 Table 4: Categories and numbers of PAPs ....................................................................................... 18 Table 5: Affected Asset and their Conditions ....................................................................................... 19 Table 6: PAPs affected by key components of Water System .............................................................. 19 Table 7: Summary of socio-economic data of PAP in Gushegu Community ...................................... 21 Table 8: Eligibility and Entitlement Matrix ..................................................................................... 24 Table 9: Institutional Responsibilities for ARAP implementation ......................................................... 29 Table 10: ARAP Implementation Schedule ........................................................................................... 30 Table 11: Budget for Preparation and Implementation of ARAP ......................................................... 31 Table 9: Entitlements of PAPs on Transmission lines .......................................................................... 34 Page 3 of 64 List of Acronyms AF- SRWSP – Additional Financing - Sustainable Rural Water and Sanitation Project ARAP – Abbreviated Resettlement Action Plan CWSA - Community Water and Sanitation Agency EPA – Environmental Protection Agency LVD - Land Valuation Division MMDA - Metropolitan, District and District Assembly PAPs - Project Affected Persons S4Ts - Social Safeguards Support Services Team WB - World Bank Page 4 of 64 Definition of terms Concept/term Definition/meaning Compensation: Payment in cash and / or in kind for an asset or resource that is adversely affected by the Project. Cost of The reasonable expenses incidental to any necessary change of residence or Disturbance place of business by any person having a right or interest in the land; Economic Loss of definable income streams or means of livelihood resulting from Project- displacement: related land acquisition in the Project Footprint and/or obstructed access to the resources (land, water, or forest) located therein for which a recognized right of access exists. Entitlement: The compensation, rights and assistance measures offered by this Abbreviated Resettlement Action Plan Involuntary Resettlement is involuntary when the affected persons or communities do not Resettlement: have the right to refuse land acquisition or restriction on land use that result in displacement. Livelihoods Programs that will provide Project Affected Households with a viable restoration: opportunity to restore their livelihoods to pre-Project levels. Market value The sum of money which the land might have been expected to realise if sold in the open market by a willing seller at the time of the declaration Physical Relocation or loss of residential land and/or non-residential structures and displacement: physical assets because such structures / assets are located in the Project Footprint. Project Any person who, as a result of the Project, loses an existing recognized right to Affected own, use, or otherwise benefit from a built structure, land (residential, Person: 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. Replacement The value of the land where there is no demand or market for the land by reason Value of the situation or of the purpose for which the land was devoted at a time and shall be the amount required for reasonable re-instatement equivalent to the condition of the land at the date of the said declaration. Resettlement: A compensation process through which physically displaced households are provided with replacement plots and residential structures at a resettlement community Abbreviated A public document which specifies the procedures and actions to be undertaken Resettlement to mitigate adverse effects, compensate losses, and provide development benefits Action Plan to project affected households. ARAP is recommended for less than 200 PAPs. (ARAP): Stakeholders: Persons or groups who are affected by or can affect the outcome of the Project. Stakeholders may be individuals, interest groups, government agencies, or corporate organizations. Page 5 of 64 Vulnerable: Project Affected 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. Source: State Lands Act, 1962, Act 125, Wold Bank Policy OP 4.12 Summary of the Resettlement Core Data Nos. Variables Data 1 Country Ghana 2 Region/Province Northern Region 3 District Gushiegu District 4 Village Gushiegu 5 Activities that requires temporary or permanent Laying of pipelines, construction high lands level tank, standpipes and Water System Management Office 6 Project Total Cost GHS 8,108,855.68 7 Total Resettlement Cost GHS 14,821.40 8 Number of Affected People (PAP) 59 PAPs 9 Number of Affected Households (AH) 59 Households 10 Total number of right-owners of affected asset 59 11 Total Areas of expropriated land in hectare (ha) Estimated Total = 1.5 hectares 1m*34,300m parcel of land for distribution pipelines, 1m*12,600m parcel of land for transmission pipelines, 21 number 5m*7m parcel of land for standpipes, 25m*30m parcel of land for office building and 15m*15m parcel of land for high level tank 12 Number PAPs whose commercial shops will be 28 partly demolished 13 Number PAPs whose farms will be partly 1 affected 14 Number of street-sellers/traders to be 30 displaced Page 6 of 64 EXECUTIVE SUMMARY The Community Water and Sanitation Agency is being supported by the World Bank to construct Small Town Piped Water System in Ghana under the Additional Financing of the Sustainable Rural Water and Sanitation Project (AF-SRWSP). The AF-SRWSP is aimed at improving access to potable water and improved sanitation in rural communities and small towns in Ghana. As parts of the project, one Small Town Piped Water System will be constructed to deliver water to the Gushiegu community in the Northern Region. 1. Compensation Summary In all, 59 Project Affected Persons (PAPs) were identified which requires that processes for involuntarily land acquisition is triggered as per the World Bank Policy guidelines (OP 4.12) and the Resettlement Policy Framework of the SRWSP. There are 29 major PAPs whose pavement of business shops and crops were located on the right of way will be trenched through for the construction of distribution and transmission lines. All PAPs are entitled to cash compensation as determined by the Lands Valuation Division of the Lands Commission of Ghana. The 28 pavement of shops that will be partly demolished will be restituted whilst the crop will be compensated for at full replacement value. 2. Description of the Project / resettlement The construction of the Gushiegu Small Town Piped Water System requires the establishment of source, laying of transmission and distribution pipelines, construction of Water System Office, High level tanks and pump houses. The construction of the key components of the water system will require damage of 28 pavement of business shops on the right of way and one farms containing cashew plants. The one (1) PAPs whose cashew plant will be affected through the trenching for the laying of pipelines will be compensated at full replacement of cost with additional 10% disturbance allowance of the total compensation as per Ghanaian Resettlement Regulation. 3. Objectives of the ARAP The purpose and objective of the Abbreviated Resettlement Action Plan (ARAP) is to outline a set of mitigation and monitoring measures that will be used to curtail or minimize to acceptable levels the adverse social impacts that may occur during the construction of the small town piped water system. The methodology and approach to the preparation of the ARAP involved site verification visits, consultation with relevant stakeholders, review of literature, generation of baseline data, and identification of social issues associated with the construction works. The preparation of this Abbreviated Resettlement Action Plan (ARAP) is in response to the planning, implementation and monitoring processes required to ensure that people are better or at least, not made worse off than they were before the construction of the water system. The ARAP considered policies and laws guiding land and property acquisition, ownership and compensation in Ghana including the Constitution of the Republic of Ghana, Administration of Lands Act, 1962 (Act 123), State Lands Act, 1962 (Act 125) and State Lands Regulations 1962 (LI 230). Other policy documents considered in the preparation of the ARAP were the State Lands (Amendment) (No.2) Regulations 1963 (LI 285), Lands (Statutory Way Leaves) Act, 1963 (Act 186) and the World Bank Operational Policy OP 4.12. Page 7 of 64 4. Socio-Economic Characteristics of PAPs A survey was conducted to assess the socio-economic characteristics of the PAPs. Out of the findings of the survey, 27 out of the 59 PAPs (45.8%) were females with 32 as males (54.2%). In assessing the literacy levels of the PAPs, 30 out of the 59 PAPs representing 50.8% were illiterate whilst 29 (49.2%) were literate. The survey also revealed that 55 PAPs representing 93.2% were natives of the community. In all, 50 PAPs representing (84.7%) depended on small and medium scale trading mainly within the road reservations for their daily income, only 1 of the PAPs (1.7%) are farmers with 8 PAPs representing 13.6% depended on other sources including sale of telecommunication cards, micro finance, mobile money vendoring, motor cycle servicing and retail services and sale of fuel and lubricants. The livelihood of the PAPs will be affected during the trenching for the laying of pipelines. Some business shops and crops within the right of way will be partly damaged. All the PAPs whose crops and livelihood will be affected will be compensated for the full replacement cost of the damaged items in addition to loss of income and disturbance. The PAPs had number of dependants mainly ranging from 1 to 10 persons. A total of 13 PAPs representing 22.0% had dependants ranging below 3 persons whilst only 6 PAPs (10.2%) had 7 dependants and above. Majority of the PAPs (40) representing 67.8% had dependants ranging from 4 to 6. There were no vulnerable persons identified as PAP in the community. 5. Socio-economic of the project on the PAPs The lands that will be used for the laying of pipelines largely belong to the state (road reservations / Right of Way) whilst the land for the construction of high level tank and office building are communal lands entrusted in the hands of the chief. There are no structures, crops or other form of asset on the land for the construction of high tank and office building. Twenty Eight (28) PAPs will have their business shops partly demolished due to trenching for the laying of distribution and transmission lines. One (1) PAP will have his cashew crops damaged as a result of trenching for the laying of the transmission and distribution lines. The one (1) PAP will be compensated for damage of his crops at full replacement cost, loss of income and 10% disturbance allowance on the total compensation in line with the guidelines of Lands Valuation Division and in accordance with the Resettlement Policy Framework of the Project. An estimated land space of one and half hectares will be used for the construction of the water system. A total of 1m*12,600m (for transmission pipelines), 1m*34,300m (for distribution pipelines) were state lands (right of way) reserved for the construction of utility lines including pipelines. There are no adverse social impact on the state (owner) since the land was reserved for the same purpose. Twenty-One (21) 5m*7m communal lands at different locations of the Saboba community will be used for the construction of standpipes. One (1) 15m*15m parcel of land will also be used for the construction of high level tank. These lands were reserved for development in the community by the chiefs. Six (6) pump houses will be constructed on six (6) mechanised boreholes on six 12m*12m piece of communal land released by the chiefs for development. Page 8 of 64 6. Legal and Institutional Framework for Resettlement The construction of the Gushiegu water system require the use of long stretch of lands especially for the laying of transmission and distributions lines. As a result, various land holdings will be impacted. It is therefore pertinent to consider the various land holding arrangements in the assessment of compensation and resettlement for the various interests on lands to be affected. Regulatory oversight of water sector land acquisition and resettlement activities and actions is mostly governed by the following: a. the 1992 Constitution of the Republic Of Ghana (Article 20 especially); the State Lands Act, 1962 (Act 125) and State Lands (Amendment) Act, 2000 (Act 586) –which is the principal law under which private lands could be compulsorily acquired by the President for the public benefit; b. the Administration of Lands Act, 1962 (Act 123) which facilitates the management and administration of stool lands; c. the Lands Statutory Wayleaves Act, 1963 (Act 186) which deals with the creation and enforcement of Right of Ways (ROW); d. The National Land Policy (1999), provide guidelines aimed at enhancing land management systems, land use, conservation of land resource and enhancing environmental quality. The policy give protection to proprietary rights and promotes the concept of prompt payment of adequate and fair compensation for compulsorily acquired lands and also create the enabling environment for community participation in sustainable land management. e. The World Bank policy on Involuntary Resettlement (OP 4.12) will be applied. The policy will complement existing national regulations to ensure that resettlement and rehabilitation principles are adopted under the project. This will ensure that compensation at replacement cost, resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including the informal dwellers/squatters are well catered for under the project. f. The Resettlement Policy Framework (RPF) will serve as the guiding document for the implementing the resettlement issues under during the implementation of the project. In circumstances where gabs exist between the national regulations and the World Bank Policy, the World Bank Policy applies as stated in the RPF. Several institutions will participate in the implementation of the resettlement processes for the construction of the water system. However, key actors shall include the a. Ministry of Sanitation and Water Resource will monitor and provide technical guidance for the attainment of project targets b. Ministry of Finance will provide the financial resources for the timely implementation of projects c. Community Water and Sanitation Agency will provide the overall supervision for the implementation of resettlement issues and assist in resolving grievances under the project: Page 9 of 64 d. Municipal/ District Assembly will trigger the resettlement process through inventory of affected person and asset, implement the ARAP, resolve grievances and payment of compensation in collaboration with other stakeholders such as CWSA and the community e. Lands Commission will expropriate lands for public interest including the use of land for the provision of potable water to the citizens of Ghana f. Land Valuation Division – will assist in the valuation and compensation payment process and reporting g. Community will support the District Assembly in the resettlement of Affected Persons in resolving grievances h. Safeguards Technical Team / Regional / District and Community Safeguards Team – will coordinate and provide technical support for stakeholders in the implementation of resettlement issues and associated compensation payment at the National, Regional, District and Community Levels. 7. Compensation Plan The Gushiegu District Assembly with support from Community Water and Sanitation Agency set 14th November 2018 as the cut-off date for the determination of PAPs. Based on the cut-off date the joint team captured all the affected asset and PAPs. The date was agreed on by all stakeholders including the chief and elders of the Gushiegu community and Community Safeguards Team. The cut-off date was announced to the entire community in a general community meeting on 24th October 2018 and the rationale behind the cut-off date explained to all stakeholders. The project identified 59 right owners of asset that will be affected by the construction of the water system. Different eligibility and entitlement will be applied to the various categories of PAPs as per the Resettlement Policy Framework and at values determined by the Lands Valuation Division of the Lands Commission. According to the World Bank’s Involuntary Resettlement Policies OP 4.12, PAPs may be eligible for compensation and resettlement assistance if they: a. Have formal legal rights to land (including customary and traditional rights recognized under the Lands Act. b. Do not have formal legal rights to land at the time the census begins but have a recognizable legal right or claim to such land or assets. c. Have no recognizable legal right or claim to the land they are occupying (i.e. squatters, ownerships under dispute, etc). The State Lands Act 1963 section 6(1) of the Government of Ghana also state that any person whose property is affected by public projects shall be entitled to compensation. As a result the census identifies three main eligible PAPs who all do not have formal legal rights to land at the time the census began but have a recognizable legal right or claim to such assets and will be provided with the following entitlement: The 28 PAPs whose asset will be affected (during trenching for the laying of pipelines) will receive cash compensation at full replacement value and additional loss of income and disturbance allowance of 10% of total compensation value. Page 10 of 64 As per the OP 4.12 the compensation principles to be used include payment of adequate compensation, payment of compensation prior to displacement or destruction of assets at full replacement value as determined by the Lands Valuation Division of the Land Commission of Ghana. Consultations with PAPs and host communities were carried out mainly to establish impacts and risks that PAPs will face due to relocation, and also to sensitize them on the impact of the project. The 59 PAPs were properly consulted in three separate meetings organised with their active participation to address their concerns. In addition, each PAP was consulted on one- on-one basis. In these consultations, the CWSA was guided by the need to ensure Free-Prior- and Informed Consultation with the PAPs. The entitlement sheets were endorsed by the PAPs confirming their readiness to accept their compensation packages. This exercise was necessary in order to solicit for feedbacks from the PAPs. The total cost of affected asset of PAPs compensation is estimated at Fourteen Thousand Eight Hundred and Twenty-One Ghana Cedis, Forty Pesewas (GHS 14,821.40). 8. Arbitration and Grievance Redress Grievance expression and management mechanism has been established to involve the already existing local structures at the community level, district, regional and national levels. By this approach, the gender-based teams called Safeguards Teams are responsible to ensure that grievances are timely resolved. The Safeguards Teams have been trained and resourced with grievance redress sheets to document and keep complaints and grievances. The Safeguards Teams receives complaints through varying means including one–on–one meeting, telephone calls, during community meetings and other means deemed convenient and appropriate by the aggrieved persons. Text messages is another means by which aggrieved persons can channel their complaints to them. If the grievance is not resolved within specified time, a higher safeguards team (Community-District-Regional-National) takes up the responsibility to resolves them. Aggrieved Persons who are uncertified with the outcome of community, district, regional and national team’s arbitration have the opportunity to seek redress from the law courts of Ghana. 9. Monitoring and Evaluation An ARAP monitoring and evaluation mechanism has been provided to ensure timely and successful implementation of agreed actions and the delivery of resettlement package under the project. In order to ensure that resettlement issues that are captured in the ARAP are adhered to, the following monitoring measures have been put in place; i. Compliance monitoring tools have been developed to assist effective monitoring of resettlement issues. ii. Process or impact monitoring will be carried out periodical by National, Regional and District Safeguards monitoring teams iii. ARAP completion audit will be carried out by an external consultant at the end of the project General monitoring indicators shall include: (i) documented evidence of a number of public consultations, Page 11 of 64 (ii) grievance procedures in place and functioning, (iii) timely execution of resettlement arrangements, and (iv) timely and adequate compensation payment to affected parties. The PAPs and the community will actively participate in the monitoring and evaluation of resettlement issues. The monitoring outcomes and completion reports on resettlement issues will be disseminated to key stakeholders including the Ministry of Sanitation and Water Resources, Community Water and Sanitation Agency, Gushiegu District, Gushiegu Community and the World Bank. An estimated amount of Twenty-Five Thousand Three Hundred and Nine Ghana Cedis, Seventy Eight Pesewas (GHS 25,309.78) is required to implement the ARAP. 10. PAPs Under Project Extension Works The project identified and compensated additional 10 persons affected by the pipeline extensions carried out under the project. These extensions were approved by the World Bank and CWSA project teams following persistent request from the District assembly on-behalf of residents in suburbs that were not included in the original project design. Accordingly, the project safeguard team followed all the safeguard procedures outlined in the RPF, and the compensation plan in this ARAP to identify, consult, negotiate, and pay all entitlements to PAPs and manage grievances. The compensations were paid on 2nd February 2020. The total compensation package was GH₵3,830.48 for which all was paid to the PAPs for loss of livelihood and disturbance. All the PAPs turned out to receive payment representing 100%. Also, a total of GH₵1,400.00 was used to acquire lands for 10No. Public Standpipes sites measuring 7 m x 5 m. Page 12 of 64 1.0 INTRODUCTION The Community Water and Sanitation Agency, intends to construct Small Town Piped Water System in the Gushiegu Community of the Northern Region. This initiative is part of the Additional Financing of the Sustainable Rural Water and Sanitation Project (AF-SRWSP) to be financed by the International Development Association of the World Bank. The AF-SRWSP is aimed at improving access to potable water and improved sanitation in rural communities and small towns in Ghana. Under the project, the Gushiegu Community will benefit from the construction of new water management office, high level tanks, stand pipes, distribution and transmission lines and pump houses. The water system is designed to extend water to all houses in the community. The main objectives of the project are to expand access to water and sanitation facilities in rural and small town communities and strengthen local capacity to ensure sustainability of the water and sanitation facilities. The Agency recognizes that construction works will lead to physical and economic displacement of some community members. As such, affected persons will be compensated and resettled for loss of access or assets that may result from the project. In Ghana there are several pieces of legislation that support resettlement of people. These pieces of legislation include the Constitution of the Republic of Ghana, National Land Policy, the lands (statutory wayleaves) Act, 1963, the State Land Act, 162 and the Lands Commission Act 2008, Act 767. These legal frameworks have provisions for resettlement of people that may be displaced from their residential or non-residential areas in project settings. The legislations provide standard procedures for relocation of people. The regulations provide options for PAPs to be compensated for loss of assets and streams of income that came from their economic activities. The Land Valuation Division is empowered by the constitution of Ghana to carry out property valuations to provide guidance on economic compensation to cover losses in assets and economic activities. The World Bank’s resettlement policies also provide guidance to the resettlement process. Lands required for the construction of the new water system have been assessed. In order to minimize displacement of asset, properties and businesses which affects livelihood of people, state and communal lands which are unoccupied were mainly identified for construction of the water system. Several assets and properties which were to be affected were avoided through alternative routing of the pipelines. The transmission and distribution lines were mainly routed through the right of way. The right of way was considered mainly to avoid destruction of several permanent assets in the community. The ARAP therefore covers those Project Affected Persons (PAPs) who despite all the alternatives will still have their assets affected. According to the World Bank’s Safeguards Policy on involuntary resettlement, (OP 4.12), persons who will be impacted by the project should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The project is preparing this Abbreviated Resettlement Action Plan (ARAP) to guide the compensation process. An ARAP is prepared because the number of persons to be impacted are less than 200 persons. The ARAP preparation is to ensure that people who will be affected by the SRWSP are informed about their options and rights pertaining to compensation, consulted on offered choices, provided with technically and economically feasible resettlement alternatives and Page 13 of 64 given prompt and effective compensation at full replacement cost for losses of assets attributed directly to the project. The preparation of ARAP builds upon previous public consultations, negotiations and final agreements reached between CWSA, Chiefs and elders of Gushiegu Community, Gushiegu District Assembly, Environmental Protection Agency and Land Valuation Division of the Lands Commission with the aim of safeguarding the environment and social arrangements of the project beneficiaries. 1.1 Brief Description of the Sub Project The Gushiegu Small Town Piped Water System has the following key components detailed on table 1: Table 1: System Components Description Details 1 Sources 6 new mechanised borehole located at different areas in the community. These boreholes will have 6 installed pump houses 2 High Level 2 High Level Tanks (with 1 rehabilitated) with capacities 160m3 and 120m3 3 Transmission Lines 12.6km 4 Distribution Lines 34.3km 5 System Office 1 New Water System Office located in Gushiegu 6 Stand Pipe 37 stand pipes located in different areas in the Gushiegu Community 7 Electro mechanical The system will be connected to the National Grid Other Key Project Profile are contained in table 2: Table 2: Other Key System Profile Description Details 1 Beneficiary Community(s) Gushiegu Community 2 Consultant Sal Consult 3 Contractor Messrs Construction Dynamics 4 Client Gushiegu District Assembly 5 Project Facilitator Community Water and Sanitation Agency, Northern Region 6 Beneficiary Population 26,403 People 7 Contract Sum GHS 8,108,855.68 8 Contract Duration 13 months 9 Proposed Start Date 1st April, 2019 10 Proposed Practical Completion Date 30th April, 2020 1.2 Sub-Project Activities, Location and Land Needs 1.2.1 Establishment of Six (6) Mechanised Boreholes The Gushiegu Small Town Piped Water System requires the drilling and mechanization of six (6) boreholes located in the Gushiegu Community. Six (6) 12m * 12m piece of land is required Page 14 of 64 for the drilling and mechanisation of 6 boreholes and the construction of 6 pump houses to supply water into the two (2) high level tanks. 1.2.2: Transmission Lines A total of 12,600m *1m length of land is required to support the laying of transmission pipelines for the construction of the Gushiegu water system. The lands required for the laying of the pipes are mainly public or community lands located along the right of way. The required lands for the laying of the transmission lines mainly fall within utility zones or along roads in the Gushiegu Community. No privately owned lands will be involved in the laying of transmission lines. 1.2.3: High Level Tank Two (2) 15m*15m piece of land are required for the construction of two (2) high level tanks in the Gushiegu community. The acquisition and documentation of the lands should be done before commencement of construction work. 1.2.4: Distribution Lines A total of 34,300m*1m length of land will be required for the laying of distribution lines to various parts of the community. The main lines will be laid on public and community lands. No privately-owned lands are involved. The distribution network covers all parts of the community. Some institutions including basic Schools, Police station and a health facility will be covered. 1.2.5: Standpipes A total of thirty-seven (37) 5m*7m pieces of land are required for the construction of 37 standpipes in the Gushiegu Community. The standpipes will be located in 37 different suburbs in the Gushiegu Community. The standpipes are all located on communal and individual lands. The Chief and opinion leaders have been consulted and lands have been released and documented for the construction of the 37 standpipes. The project will follow the land acquisition protocol provided in the RPF to acquire these lands for the stand-pipes, pay appropriate compensations and safeguard them with appropriate documentation 1.2.6: Office Building A land space of 18m*30m is needed for the construction of one (1) Water System Management Office in Gushiegu. A new Water System Management Office will be constructed near the old one. The site was selected due to its suitability for an office. 1.3: Land Needs Justification and Minimization Lands are needed for the construction of all the key components of the water system. Communal or stool lands vested in the traditional authorities and public lands will be consider ed first in all cases to minimise individual land loss or adverse impact on people. The project will only resort to family lands and individual lands when communal or vested lands are unavailable or unsuitable for the construction of the key components to minimise adverse impacts on people. Adequate measures will be put in place to prevent abuse of rights of PAPs. The scope of the project, lands sizes required for the construction of key components of the water system have been disclosed to the entire community and land owners at various community fora. Page 15 of 64 As much as possible, the project will minimise displacement of people. Public lands along roads (right of way or road reservation) will be used for the construction of transmission and distribution pipelines to minimise the displacement of people in the beneficiary community. Wherever inhabited dwellings may potentially be affected by a component of a project, the sub- project will be rerouted to avoid any impact on such dwellings and to avoid displacement or relocation. For major water facilities like reservoir and office buildings, minimization of land impact will be considered into site and technology selection and design criteria. 2: CENSUS SURVEY OF DISPLACED PERSONS AND VALUATION OF ASSETS 2.1 Methodology In order to adequately collect information pertaining to PAPs, project area and affected assets, quantitative method was dominantly used. Semi structured questionnaires were used to carry out a census survey of affected PAPs. Quantitative assessment was also employed in the valuation of affected assets (crops, structures and land). Data was collected through one-on- one consultation with PAPs and key stakeholders in the community including the Chiefs, land owners, opinion leaders, Assembly members and District Assembly Staff. Through the consultations and meetings with PAPs and stakeholders coupled with field visitation, socio- economic data was collected and analysed. Method employed for the preparation of the ARAP was aimed at ensuring transparency hence, affected people were consulted and given their demonstrable acceptance to the PAP identification, consultation, valuation of asset and ARAP preparation. Free-Prior and Informed Consultation (FPIC) method was used in consulting the PAPs. This helped the PAPs to contribute freely to the discussions and consultation processes. 2.1.1: Identification of Affected Assets A professional water system drawing covering the locations of the key components namely the boreholes, transmission and distribution lines, high level tank, stand pipes and water system office was prepared. Three separate visits by Community Water and Sanitation Agency, Gushiegu District Assembly and Sal Consult (Water Consultant) and selected community members was carried out in the project community to validate the drawings and assess affected assets for review. The assessment was done to cover the lands to be used for the laying of pipelines and construction of sub project components, affected structures, crops and other intangible assets where necessary. Photograph of affected assets were taken for documentation. 2.1.2: Identification of PAPs A semi structured questionnaire was developed to collect the socio-economic data on all PAPs. The PAPs were consulted one-on-one and the rationale for the administration of the semi structured questionnaires was explained to all the PAPs. Basic social and economic data covering the sex, livelihood, literacy, dependency, religion, vulnerability and income levels among others were captured (see Appendix VIII). Photograph of the PAPs were taken for the development of the ARAP. Page 16 of 64 2.1.3: Valuation of Affected Asset The valuation of affected asset was done in line with the eligibility and entitlement matrix of the Resettlement Policy Framework of the SRWSP. Officers of the Land Valuation Division led the valuation of all affected assets in the Gushegu community with support from staff of Community Water and Sanitation Agency, Gushegu District Assembly, Water Consultant and Community members of the Gushegu Community. The valuation was done based on government approved standards as follows: • Buildings and Structure Replacement cost method was used to determine the market value and based on land in comparable site, related structure and support services, prices of items on the local market, cost of transport and estimate for construction of new ones. • Farm crops and trees Cash compensation was determined for the PAP for damages or destruction of crops based on negotiations between PAPs and the Land Valuation Division as per the approved annual crop rates in the table 3 below. Table 3: Land Valuation Division Approved Annual Crop Rates LAND VALUATION DIVISION (LVD) APPROVED ANNUAL CROP RATES STAGE I STAGE 2 STAGE 3 (1/2 STAGE 4 (SEEDLING) (1/4 GROWN) (MATURED) S/N CODE CROP GROWN) GH¢/ACRE GH¢/ACRE GH¢/ACRE GH¢/ACRE SMALL MEDIUM MATURED SEEDLINGS 1 Be Beans 1,584.00 1,700.00 1,883.00 1,962.00 2 Cr Corn/Maize 1,549.13 1,867.00 2,071.00 2,260.50 3 Gn Groundnut 1340.63 1,441.00 1,581.00 2,976.60 4 Gc Guinea Corn 1,377.00 1,622.00 1,932.00 2,260.50 5 Mi Millet 1,549.13 1,867.00 2,173.00 2,311.88 6 Ok Okro 2,340.00 2,949.00 3,643.20 3,776.63 7 Pe Pepper 2,132.00 2,676.00 3,194.00 3,855.00 Rice (rain 8 Rr 2,202.00 2,465.10 3,118.50 3,633.75 feed) 9 Sg Sorghum 1,377.00 1,622.00 1,932.00 2,260.50 10 SB Shea Butter 635.58 2,348.25 3,308.58 4,072.86 12 TK Teak 22,050.00 33,075.00 44,100.00 55,125.00 . Page 17 of 64 • Loss of Income Value was determined based on net monthly profit for the business to cover the period when the business is not operating during construction works. • Disturbance Allowance Disturbances allowance was valued at 10% of total compensation based on guidelines of Land Valuation Division of the Land commission of Ghana and as per the Resettlement Policy Framework of the Additional Financing- Sustainable Rural Water and Sanitation Project. • Persons with formal legal rights to land Persons with formal legal right to land were compensated for land lost and other assistance • Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders were compensated for land lost and other assistance. • Persons with no recognizable legal right or claim to land they are occupying e.g. Squatters PAPs in this category were provided with resettlement assistance and Compensation allowance for any physical development destroyed on the land during the relocation process. • Persons encroaching on land after the notification No compensation was paid to persons within this category 2.1.4 Cut-off Date The Gushiegu District Assembly with support from Community Water and Sanitation Agency set 14th November, 2018 as the cut-off date for the determination of PAPs. Based on the cut- off date the joint team captured all the affected asset and PAPs. The date was agreed on by all stakeholders including the chief and elders of the Gushiegu Community and the Community Safeguards Team. The cut-off date was announced to the entire community in a general community meeting on 24th October, 2018 and the rationale behind the cut-off date was explained to all stakeholders. 2.2 Results Table 4 shows the categories and numbers of PAPs and their assets that were affected by the sub project Table 4: Categories and numbers of PAPs S/N Category of PAPs Numbers LAND Page 18 of 64 1 PAPs with no recognizable legal right or claim to land they are occu 59 pying, eg squatters 2 PAPs whose structures are to be damaged alone 28 3 PAPs whose crops are affected 1 4 PAPs whose business tables, tent and kiosks are displaced along 30 road reservation 3.0: AFFECTED ASSETS The sub project affected some structures and land as summarised on table 5 below Table 5: Affected Asset and their Conditions Affected No. Condition Categorisation Categorisation Catego Description Asset of of PAPs by by Youth and risation PAPs Sex Adult by vulnera bility No. of Males Female Youth Adult vulnerab le PAPs Pavement 28 The 17 11 0 28 0 Trenching pavement through the is in good concrete condition pavement Wooden 8 The kiosk 6 2 0 8 0 Relocation and metal is in good of wooden Kiosks condition kiosk Business 22 The 8 14 0 22 0 Relocation tables / business of business temporal tables are tables wal in good condition Farms 1 Matured 1 0 0 1 0 Digging Millet through millet farm Table below contains the number of PAPs affected by the key components of the sub project Table 6: PAPs affected by key components of Water System S/N Component Number of PAPs A Transmission Lines 20 B Distribution Lines 39 Total 59 Page 19 of 64 4: SOCIO ECONOMIC FEATURES AND AFFECTED PEOPLE’S LIVELIHOODS The Socio-economic survey carried out by the joint team from CWSA and Gushiegu District Assembly staff assessed the gender, literacy, livelihood, dependency, vulnerability statuses of the PAPs. Out of the findings of the survey, 27 out of the 59 PAPs (45.8%) were females with 32 as males (54.2%). In assessing the literacy levels of the PAPs, 30 out of the 59 PAPs representing 50.8% were illiterate whilst 29 (49.2%) were literate. The PAPs who were literate had mainly completed basic schools whilst one had proceeded to the second cycle level. The survey also revealed that 55 PAPs representing 93.2% were natives of the community. In relation to livelihood. In all, 50 PAPs representing (84.7%) depended on small and medium scale trading mainly within the road reservations for their daily income, only 1 of the PAPs (1.7%) are farmers with 8 PAPs representing 13.6% depended on other sources including sale of credit cards, micro finance, mobile money, motor cycle servicing and retail services and sale of fuel and lubricants. The livelihood of these PAPs may be affected during the trenching for the laying of pipelines. All the PAPs whose livelihood will be affected will be compensated for either loss of income or disturbance or both. The PAPs had number of dependants mainly ranging from 1 to 10 persons. A total of 13 PAPs representing 22.0% had dependants ranging below 3 persons whilst only 6 PAPs (10.2%) had 7 dependants and above. Majority of the PAPs (40) representing 67.8% had dependants ranging from 4 to 6. There were no vulnerable persons identified as PAP in the community. Thirty (30) PAPs representing 50.8% have a daily income of between GHS 21.00 to 40.00 whilst 20 PAPs (33.9%) receives a daily income of GHS 20.00 or less. Another 7 PAPs (11.9%) received a daily income of GHS 41.00 to 60.00 with another 2 PAPs (3.4%) earns more than GHS 60.00 as daily income. Assessing the religion, only 15 PAPs (25.4%) were Christians whilst, 39 PAPs (66.1%) were Muslims with 5 PAPs (8.5%) as Pagans. Page 20 of 64 Table 7: Summary of socio-economic data of PAP in Gushegu Community SEX LITERACY LIVELIHOOD DEPENDENCY VULNERABILITY DISTRIBUTION LEVELS Sex No % Literac No % Livelihood No % Dependenc No. % Vulnerability No % . y Level . . y . Male 32 54.2 Literac 29 49.2 Small and 50 84.7 Below 3 13 22.0 Persons 70 0 0 y Medium dependants years & above Scale Trading Femal 27 45.8 Illiterac 30 50.8 Others 8 13.6 4-6 40 67.8 Physically 0 0 e y dependants Challenged Persons Farming 1 1.7 7 6 10.2 Widow/widow 0 0 dependants er and above Orphans 0 0 Pro-poor 0 0 persons Total 59 100 59 100 59 100 59 100 0 0 Source: Field Visits, 2018 Income Level of PAPs per Day No. % Religion of PAPs No. % GHS 20 & below 20 33.9 Christians 15 25.4 GHS 21 – 40 30 50.8 Muslims 39 66.1 GHS 41 – 60 7 11.9 Others 0 0 GHS 60 & above 2 3.4 Pagan 5 8.5 Total 59 100 59 100 Source: Field Visits, 2018 Page 21 of 64 Sex Religion of Literacy Livelihood Dependan Vulnerability Income of Distributio PAPs Level of of PAPs ts of PAPs of PAPs PAPs per n of PAPs 100% PAPs 100% 100% 100% Day 5 6 100% 0 100% 100% 90% 90% 90% 2 90% 90% 90% 7 80% 95% 80% 80% 8 80% 80% 70% 80% 70% 70% 27 70% 30 60% 90% 60% 70% 60% 39 70% 40 60% 30 50% 50% 50% 60% 60% 50% 1 40% 40% 40% 85% 40% 50% 50% 30% 30% 30% 30% 40% 40% 20% 20% 20% 80% 50 20% 20 10% 13 10% 30% 15 30% 10% 32 10% 29 0% 0% 0 20% 20% 0% 75% Dependant Vunerability 0% Income Livelihood of PAPs Religion Pro-poor Persons Level 10% 10% Others 7 dependnats and Pagan Orphans GHS 60 & above above 0% Others 0% Widow/widower GHS 41-60 Farming 4 to 6 Sex Muslim Literacy Physically Challenged dependnats GHS 21 - 40 Male Female Christaian Literacy Illetracy Small and Below 3 Persons above 70 years GHS 20 & below Medium Scale dependnats Figure 1: Assessment of basic socio-economic status of Project Affected Persons Source: Field Visits, 2018 Page 22 of 64 5.0: DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE 5.1 Payment of Compensation In the determination of the compensations to be offered, the PAPs will be considered not to be made worse off than they were before the project. Two main compensation packages are available under the project. Stakeholders including CWSA, Gushiegu District Assembly and Chief of Gushiegu Community are ready to offer two main types of compensation 1. Cash compensation to affected persons 2. Restitution of affected asset All the 59 affected persons will attract cash compensations for disturbances during construction which affects their businesses. In addition, PAPs whose business tables are located within road reservations will be supported financially to relocate their assets to areas of similar economic opportunities. 5.2 Minimizing land acquisition and displacement The transmission and distribution pipelines will be re-routed as much as possible to minimise adverse impact on properties and to ensure that payment of compensations are minimised. In addition, communal or stool lands vested in the traditional authorities and public lands will be considered first in all cases, but measures will be put in place to ensure that lands donated are free of encumbrances. This will be followed by family lands and individual lands will be the last resort. 5.3 Compensation payment principles The compensation payment principles captured under the ARAP ensures that compensations are paid prior to displacement or destruction. Compensations are to be paid in full replacement value. Again, in the payment of compensation the “replacement value� shall include the full cost of materials and labour required to reconstruct a building of similar surfaces or objects. The PAPs must be able to have their structures re-located in a different place using the compensation paid for the affected structures. 5.4 Eligibility and entitlement of PAPs In accordance with OP 4.12, all PAPs, including those who have no recognizable legal right or claim to the land they are occupying, are eligible for compensation or other assistance commensurate with the nature and extent of the impact involved. Compensation for lost assets can be monetary, in-kind (e.g., new land, housing and social infrastructure, work places or other replacement for lost assets) or a combination of both. Eligibility for the purposes of SRWSP will be defined as persons, groups of persons or families who are granted rights to claim fair and equitable compensation for physical and/or economic displacement as a direct result of the Project. For eligibility determined by land tenure status, the Project will consider OP 4.12 as guiding principle for eligibility for compensation and classifies displaced persons as persons (i) who have formal legal rights to the land or assets they occupy or use; (ii) who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable Page 23 of 64 under national law; or (iii) who have no recognizable legal right or claim to the land or assets they occupy or use. The table 8 below shows the entitlement matrix for PAPs. Table 8: Eligibility and Entitlement Matrix Asset Type of Impact Entitled person Eligibility criteria Entitlement Land Permanent acquisition of Landowner (individual, Person with formal Replacement with an land household, stool) legal right to equivalent piece of land land/without formal located in the vicinity of the legal right to land but affected area. If land is not have claims to available then cash property recognized compensation at full by community leaders replacement at open market value as well as disturbance allowance (10%) Landowner (individual, As above Full reinstatement to pre- household, stool) project conditions; rent to be Temporary acquisition of agreed upon for the period land during which land is occupied Disturbance allowance Landowner (individual, As above Cash compensation for crops household, stool) not ready for harvesting at time or entry, and negotiated Acquisition of Right of Ways with LVB; Compensation for unmovable structure or civil improvement Disturbance allowance. Occupant Tenants including Relocation to new site of squatters (with or similar type or cash without documents) compensation for rent value Loss of rental space Moving allowance Compensation for unmovable structure or civil improvement Disturbance allowance Crop Destruction of crops Landowner/tenant/or Farmer Cash compensation for crops farmer not ready for harvesting at time of entry, and negotiated with LVB; Disturbance allowance Damage of crops Landowner/tenant/or Farmer Cash crop compensation for farmer damaged crops and negotiated with LVB; Disturbance allowance, 10% Structure Destruction of permanent Owner Confirmed owner Resettlement to a similar immovable structures (with evidence) of dwelling in a similar location, affected structure or irrespective of land Cash compensation at full ownership replacement value of structure. Cost of moving Disturbance allowance (10%) Occupant Tenants including Cost of moving squatters Disturbance allowance (3 months rent) Cash compensation for destroyed structures Temporary displacement of Owner Confirmed owner Cost of displacing the affected movable structure (with evidence) of structure affected structure Page 24 of 64 irrespective of land Cost of move the affected ownership structure back to project affected land Disturbance allowance of 10% Livelihood Agriculture Farmer as distinct from Been operating Cash compensation of any loss affected plot owner business project of income affected land Assistance to livelihood irrespective of restoration ownership (including squatters) Business Business person as distinct Been operating Cash compensation of any loss from owner of structure business project of income affected land Assistance to livelihood irrespective of restoration ownership (including squatters) 5.5 Compensation Payment Team The compensation payment team will be made of the Regional Accountant of CWSA, District Finance Officer of the Gushiegu District Assembly, a member of the National and Regional Safeguards Team, District Safeguards Team member, and a Community Safeguards Officer of the Gushiegu Community. 5.6 Role of the Compensation Payment Team The compensation payment team shall ensure that appropriate valuated compensation on assets and livelihood are paid to eligible PAPs. The team is also responsible for documenting and keeping records of all compensation payment processes. 6.0 CONSULTATION WITH DISPLACED PEOPLE All PAPs who have movable asset such as business table and kiosks and trade within the road reservation were willing to move out from the right of way. PAPs with immovable asset such a pavement will be trenched through for the laying of the pipeline be restituted after construction. Such PAPs will also receive disturbance packages. After all the necessary project impact and compensation issues were discussed, all the PAPs accepted the entitlement packages disclosed to them. The compensation value to be paid to them was negotiated with the PAPs. Consultations with PAPs and host communities were carried out mainly to establish impacts and risks that PAPs may face due to relocation, and also to sensitize them on the impact of the project. This exercise was necessary in order to solicit for feedbacks from the PAPs. The outcomes of the consultations helped in the establishment of robust Grievance Team for Conflict resolution. In all, three separate meetings were held at the local market square and the Market Square. The meetings were held on 25th July 2018, 15th August 2018 and 24th October 2018. The meetings were aimed at describing the project impact to PAPs, consulting PAPs and explaining the compensation options available and explaining the key contents of the Resettlement Policy Framework to the community. The PAPs were met one-on-one to discuss their individual Page 25 of 64 entitlements. The PAPs were met also in group to discuss the compensation options and procedure for payments and other entitlement issues. In all the meetings, Community Water and Sanitation Agency, the Gushiegu District Assembly and stakeholders from the community including the Chief, elders, Community Safeguards Facilitators were involved in the meeting (See Appendix X for Minutes of Meetings). The key issues discussed at the meetings include the impact of the project, steps taken by CWSA to avoid, or minimize impact and destruction of assets and compensation packages and eligibility issues. The other issues discussed were on grievance redress under the project, compensation payment and processes and general ARAP development, disclosure and implementation. The key stakeholders who were consulted in the development of the ARAP included the Chief of Gushiegu, District Works Engineer, District Environmental Health Officer and District Planning Officer. The others were Community Safeguards Officers, women leaders, Assembly members, Unit Committee members and opinion leaders. 7.0 PROCEDURE FOR GRIEVANCE REDRESS 7.1 Community Safeguards Teams / Community Grievance Redress Grievance expression and management mechanism has been established to involve the already existing local structures at the community level. By this approach, three (3) gender based community members have been selected to form the Community Safeguards Team. The team has a membership of two (2) males and one (1) female. The responsibility of the team is to ensure that grievances of community members are resolved within 7 days at the community level. The Community Safeguards Team have been trained and resourced with grievance redress sheets to document and keep complaints and grievances of community members. The Community Safeguards Team received complaints from community members through varying means including one–on –one meeting, telephone calls, during community meetings and other means deemed convenient and appropriate by the aggrieved persons. Text messages is another means by which aggrieved persons can channel their complaints to them. If the grievance is not resolved within a week, the issues is referred to the District Safeguards Team for redress. The team has a file and grievance redress sheet to document all grievances received and resolved (See Appendix V for details). The entire grievance redress procedure and community safeguard team were introduced to the PAPs during three separate meetings held with them on 25th July 2018, 15th August 2018 and 24th October 2018. The telephone numbers of the safeguard team were also made available to the community members at these meetings. In addition to the above structures, Safeguards Social Support Services Teams (S4Ts) have been identified in Gushiegu to provide counselling and grievances services to aggrieved persons under the AF-SRWSP. The membership includes the Iman of the Community, head teacher, assembly members, head of women group, leader of the youth and one opinion leader. Page 26 of 64 District Safeguards Team A three (3) member District Safeguards Team has been formed to handle grievances beyond the capacity of the Community Safeguards Teams. The three-member team is made up of two males and one female. They are District Works Engineer, District Environmental Health Officer and Development Planning Officer of the Gushiegu District Assembly. They receive complaints from the Community Safeguards Officers and community members through telephone calls, face-to-face information delivery, complaints during meetings, written complaints and e-mails. Text messages is another means by which aggrieved persons can channel their complaints to them. The District Safeguards Officers have a maximum of two (2) weeks to resolve grievances or it is referred to the Regional Safeguards Team for redress. The team has a file and grievance redress sheet to documents all grievances received and resolved. 7.3 Regional Safeguards Team At the Regional Level is a three-member team made up of Extension Services Specialist, Hydro Geologist and Water and Sanitation Engineer of Community Water and Sanitation, Northern Region. The role of the Regional Safeguards Team is to resolve complaints and provide technical back stopping to both the District Safeguards Team and Community Safeguards Teams. The team has the mandate to resolve issues within two weeks of filling of complaints or the case is referred to the National Safeguards Technical Team for redress. The Regional Safeguards Team receives complaints through letters, mails, phone calls and through face to face meetings with grieved person. Text messages is another means by which aggrieved persons can channel their complaints to the Grievance Redress Teams. The team has a file and grievance redress sheet to documents all grievances received and resolved. 7.4 National Safeguards Team The National Safeguards Technical Team made up Extension Services Coordinator, CWSA- Head Office, Extension Services Specialist, CWSA-Upper West Region, Water and Sanitation Engineer, CWSA-Ashanti Region and Water and Sanitation Engineer, CWSA-Central Region are mandated to receive complaints that are beyond the Regional Safeguards Team. The National Safeguards Technical Team receives complaints through letters, mails, phone calls and through face to face meetings with grieved person. Text messages is another means by which aggrieved persons can channel their complaints to them. The team has the mandate to resolve issues within two weeks of filling of complaints. The team has a file and grievance redress sheet to documents all grievances received and resolved. Aggrieved persons who will be unsatisfied with redress outcomes of the National Safeguards Teams shall seek for redress from the law court. 8.0 MONITORING AND EVALUATION The Community Safeguards Team established at the community level will monitor the progress of safeguards implementation on daily basis. The team will monitor to ensure that community members are satisfied with all safeguards issues under the project in the community. The Chiefs and opinion leaders of the community will participate in monthly meetings to assess compliance to all safeguards issues relating to the project. The District and Regional Safeguards Team will monitor the implementation of the project on monthly basis to assess the compliance of Page 27 of 64 safeguards standards. District Safeguards Team will prepare the Resettlement Completion Report to be monitored by the Regional and National Safeguards Technical Teams. The National Safeguards Team will monitor the implementation of the project on quarterly basis to ensure effected compliance to the safeguards standards (See Appendix VII) for monitoring tools and indicators). The issues to be monitored by the Regional and National Safeguards Technical Team shall include the following: 1. Formation and functionality of District and Community Safeguards Teams 2. Existence and compliance to Environmental Permit Conditions and environmental approvals 3. Public disclosure and project awareness creation 4. Availability and implementation of Environmental and Social Management Plans 5. Land acquisition and documentation 6. Payment of compensations 7. Contribution of institutions in the implementation of the ARAPs 8. Functionality of Grievance structures and grievance resolution / documentation 9. Usage of Personal Protective Equipment 10. Organisation of safeguards meetings and compilation of reports etc. A third party consultant will carry out evaluation of the project at the end of the project. The assessment of the third party shall cover 1. Assessment and Management of Environmental and Social Risks and Impacts 2. Labour and Working Conditions 3. Community Health and Safety 4. Land Acquisition, Restrictions on Land Use and Involuntary Resettlement – 5. Communities 6. Stakeholder Engagement and Information Disclosure (See Appendix and IV for specific indicators) 9.0 INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT FOR IMPLEMENTATION The Gushiegu District Assembly is the lead institution in implementing this ARAP but will be supported by the CWSA and Safeguards Team of the Gushiegu Community working closely with the Chief of Gushiegu. The implementation schedule of this ARAP starts with the submission of draft report to the World Bank for review and clearance and disclosure by the CWSA. CWSA will disclose the ARAP through newspapers and on its website. In the project area, the district safeguard team will help publicised to the general public and all stakeholders involved through announcement at local radio station where appropriate. Copies of the ARAP will be placed at the District Assembly to allow public access. In addition, the ARAP will be disclosed during a scheduled disclosure meeting at the project community. The Gushiegu District Assembly will be responsible for ensuring that the 59 PAPs receive adequate compensations before construction of civil works. The Gushiegu District Assembly with support from CWSA will complete the compensation entitlement forms (see Appendix Page 28 of 64 III) with the compensation values determined by the Land Valuation Division of the Land Commission. The Gushiegu District Assembly will organise a meeting for PAPs with active participation of the compensation payment team. The PAPs and the compensation payment team will complete the compensation payment sheet (see Appendix VI) in duplicates and file one for records keeping of receipt of compensation payment to PAPs. In terms of institutional responsibilities and monitoring and relocation of PAPs from the project site, this ARAP recommends the following in (Table 9): Table 9: Institutional Responsibilities for ARAP implementation S/N Activity Lead Institution Supporting Institution 1 Identification of PAP MMDA CWSA/ Community Safeguards Team 2 Land Acquisition MMDA CWSA/ Community Safeguards Team / Land Valuation Division 3 Valuation of Asset and Land Valuation MMDA, CWSA and Compensation Community Safeguards Team Determination 4 ARAP Development MMDA CWSA/ Community Safeguards Team 5 ARAP Implementation MMDA CWSA/ Community Safeguards Team 6 Compensation Payment MMDA CWSA / Community Safeguards Team 7 Grievance Redress Community Safeguards MMDA and CWSA Team 8 Monitoring of ARAP MMDA CWSA / Community Safeguards Implementation Team 9 Evaluation of ARAP Independent Verifier / CWSA / STT implementation Third Party Consultant Page 29 of 64 10.0: TIMETABLE, BUDGET AND FUNDING ARRANGEMENTS 10.1 Timetable In order to ensure that the ARAPs are implemented, the following ARAP implementation schedule is proposed in (Table 10): Table 10: ARAP Implementation Schedule S/N Activities Start Date Completion Date Responsibility 1 Submission of 4th December 2018 7th December 2018 Gushiegu District Draft ARAP Assembly 2 Finalization of 8th January 2019 11th January 2019 CWSA/ Gushiegu ARAP District Assembly 3 Disclosure of 22nd March 2019 30th March 2019 Gushiegu District ARAP Assembly / CWSA 4 Payment of 1st April 2019 5th April 2019 Gushiegu District Compensation Assembly 5 Relocation of 8th April 2019 14th April 2019 Gushiegu District PAPs Assembly 6 Monitoring of 1st April 2019 5th June 2020 CWSA/ Gushiegu ARAP District implementation Assembly 7 Independent 28th May 2020 26th June 2020 Independent / Verifiers’ end Third Party of ARAP Consultant implementation /evaluation 10.2 Budget and funding arrangements An amount of Fourteen Thousand, Eight Hundred and Twenty One Ghana Cedis, Forty Pesewas (GHS 14,821.40) is required for the payment of compensation for the construction of Gushiegu Small Town Piped Water System in the Northern Region. The budget covers compensation, livelihood restoration, capacity building, ARAP implementation cost and contingency. Since the lands used for the construction of the pipelines were on road reservation owned by government, compensation was not paid in lieu of the land but for the damages of immovable structures, displacement or relocation of movable structures on the land. All PAPs identified on the road reservations were squatters and hence will be supported with funds for relocation and associated assistance. No compensation was paid in lieu of land in the Gushiegu community. Loss of income was determined by the Land Valuation Division and added to the total compensation of the PAPs. The loss of income ranges from loss of income from crops and income from business of PAPs. The business profit of the PAPs over the period of construction of specific sub projects and the loss of income from the destruction of crops were used. Page 30 of 64 The cost of training District Safeguards Teams, Community Safeguards Teams and Consultants on the identification of PAPs, consultations with PAPs, socio-economic survey on PAPs and development of ARAPs was calculated based on the cost of fuel, logistics and DSA of staff to carry out the assignment. Overhead cost for ARAP disclosure, compensation disbursement, grievance redress, monitoring and evaluation was estimated at 20% of the total compensation. This cover the fuel, logistics and DSA of staff to carry out the assignment. The legal fee was estimated at 15% of the total compensation. This fund was set aside to cover the cost of legal expenses in the implementation of the ARAP. An estimated 10% of the total cost of implementing the ARAP was added as contingency to cater for unforeseen circumstances or eventualities. Since safeguard completion audit will cover all ARAPs prepared under this project, the budget for this exercise is captured separately in the overall project budget. Table 11 below has the details. Table 11: Budget for Preparation and Implementation of ARAP S/ ITEM GHS N 1 COMPENSATION COST WITH DISTURBANCE AND LOSS OF INCOME ON LAND, CROPS & STRUCTURES a. Compensation for destruction of standing crops / trees 792.80 b. Compensation for destruction of permanent immoveable structures 13,558.60 c. Compensation for temporary displacement of moveable structures 470.00 SUB TOTAL 14,821.40 2 CAPACITY BUILDING & IMPLEMENTATION COST a Capacity building for key stakeholders–local consultant 3,000.00 b Overhead cost for ARAP disclosure compensation disbursement/ 2,964.28 grievance redress/monitoring & evaluation (20%-40% of compensation cost, 20% used) c Legal fees (in case of court dispute) 2,223.21 (15% of compensation cost) SUB TOTAL 8,187.49 3 TOTAL COST (Addition of all sub totals) 23,008.89 4 CONTINGENCY 2,300.89 (10% of total cost) 5 GRAND TOTAL (Addition of Total Cost and Contingency) 25,309.78 Page 31 of 64 11.0 COMPENSATION PAYMENTS TO PAPs UNDER PROJECT EXTENSION WORKS The project identified and compensated additional 10 persons affected by the pipeline extensions carried out under the project. These extensions were approved by the World Bank and CWSA project teams following persistent request from the District assembly on-behalf of residents in suburbs that were not included in the original project design. Accordingly, the project safeguard team followed all the safeguard procedures outlined in the RPF, and the compensation plan in this ARAP to identify, consult, negotiate, and pay all entitlements to PAPs and manage grievances. The compensations were paid on 2nd February 2020. The compensation payment process was led by the Community Safeguard Facilitators by first identifying all the PAPs. Subsequently, they were gathered at a convenient place for a consultative meeting, during which the project team explain to them the compensation options available, key contents of the RPF and project grievance process. All their names were compiled and reconciled with that taken during the PAPs identification. After confirming the list, the entitlement packages were disclosed to PAPs in a dialect that each PAP understands. Subsequently, the PAPs and their witness(es) were given an entitlement form to complete and endorsed after which the CWSA Regional and the Gushegu District Safeguard Teams also endorsed. A total of ten (10) PAPs were registered during the PAPs identification at Gushegu. Of these nine (9) were males and one (1) was a female. Further details are provided in annex 2. The total compensation package was GH₵3,830.48 for which all was paid to the PAPs for loss of livelihood and disturbance. All the PAPs turned out to receive payment representing 100%. Also, a total of GH₵1,400.00 was used to acquire lands for 10No. Public Standpipes sites measuring 7 m x 5 m. CONCLUSION This ARAP has been prepared to ensure that all the 69 Project Affected Persons under the AF- SRWSP are well compensated. This ARAP is a result of a consultative process between Land Valuation Division, Community Water and Sanitation Agency, Gushiegu District Assembly and the Chief, Community Safeguards Team and PAPs in the Gushiegu community. An amount of Fourteen Thousand, Eight Hundred and Twenty One Ghana Cedis, and Forty Pesewas (GHS 14,821.40) in addition to Five Thousand Three Hundred and Thirty Ghana cedis, Forty-Eight pesewas (GHS 5,230.48) is required for the payment of compensation for the construction of Gushiegu Small Town Piped Water System and implementation of related ARAP activities. Page 32 of 64 11.0 REFERENCES CWSA (2007), Community Water and Sanitation Regulation 2007 of 2011, Accra CWSA (2017) EnvironmentandSocial Management Framework/Strategic Environmental Assessment, Final Report, CWSP II Phase 2, Accra CWSA (2017), Environmental and Social Management Framework (ESMF for Sustainable rural water and Sanitation project – additional financing, Addendum Report (Final), Community Water and Sanitation Agency, Accra CWSA (2010), Environmental and Social Management Framework, Community Water and Sanitation Agency, Accra CWSA (2010), Design Guideline for Small Town Piped Water Systems, General, CWSA, Accra CWSA (2010), Resettlement Policy Framework, Community Water and Sanitation Agency, Accra The World Banks’s New Environmental and Social Framework (2016), Fact Sheet, World Bank, Washington, DC The World Bank’s Environmental and Social Framework (2016), World Bank, Washington, DC Page 33 of 64 APPENDIX I: PAP TABLE Table 9: Entitlements of PAPs on Transmission lines S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation 1 Male Block wall of Nuru oil filling station located in Owner 200 Done the right of way. Digging under wall required Bare ground Restitution required 2 Male Carpentry shop located in the right of way. Owner 20 Done Relocation of furniture and Bare ground restitution required PAP was Satisfied 3 Female Table top business for koose selling located on Owner 20 Done the right of way Relocation of business table required. Bare ground restitution required 4 Female Table top business for koose selling located on Owner 20 Done the right of way Relocation of business table required. Bare ground restitution required 5 Female Table top business for selling porridge located Owner 20 Done on right of way Relocation of business table and bare ground restitution required PAP was satisfied 6 Female Pavement of shop located on right of way Owner 264 Done (2.4m*1m) Restitution of mass concrete pavement required PAP was satisfied 7 Male Kebab seller located on right of way Owner 20 Done Restitution of bare ground required 8 Male Business table for selling of fuel located on Owner 20 Done right of way Restitution of bare ground required PAP was satisfied 9 Male Pavement in front of a metallic container for Owner 286 Done selling paint located on right of way Restitution of pavement (2.6m*1m) required PAP was satisfied 10. Female Pavement of provision shop (3.2m*1m) Owner 352 located on right of way Restitution of pavement required 11 Male Pavement of bicycle spare parts shop Owner 495 (4.5m*1m) located on right of way Page 34 of 64 S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation Restitution of pavement required 12 Male Broken tile pavement of materials shop Owner 435.6 (3.3m*1m) located on right of way Pavement restitution require 13 Female Pavement of shop located on right of way Owner 330 (3.0m*1m) Restitution of pavement required 14 Male Pavement of shop located on right of way Owner 341 (3.1m*1m) Restitution of pavement required 15 Male Pavement of shop located on right of way 308 (2.8m*1m) Restitution pavement required 16 Female Pavement of tailoring shop located on right of Owner 429 Done way (3.8m*1m) Restitution of pavement required PAP was satisfied 17 Female Business table for selling Koose located on Owner 10 right of way Relocation of business table required Restitution of bare ground required 18 Male Broken tile pavement (3.2m*1m) located on 422.4 right of way Restitution of pavement required 19 Female Pavement of frontage of house located Owner 319 (2.9m*1m) on right of way Restitution of pavement required PAP was satisfied 20 Female Pavement of provision shop (2.9m*1m) Owner 319 Done located on right of way Restitution of pavement required PAP was satisfied 21 Female Pavement of materials shop (2.9m*1m) Owner 319 located on right of way Restitution of pavement required PAP was satisfied 22 Male Pavement of sewing accessories shop located Owner 264 on right of way Page 35 of 64 S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation (2.4m*1m) Restitution of pavement required PAP was satisfied 23 Female Business table for selling kenkey located on Owner 10 Done right of way Relocation of business table and restitution of bare ground required PAP was satisfied 24 Female Pavement of frontage of metallic container for Owner 82.5 selling clothes (0.75m*1m) located on right of way Restitution of Pavement required 25 Male Pavement of spare parts shop (6.4m*1m) Owner 844.8 located on right of way Restitution of Pavement required 26 Male Pavement of frontage of wooden barbering Owner 330 shop (3.0m*1m) located on right of way Restitution of mass concrete pavement required 27 Female Business table for selling fried yam located on Owner 20 right of way Relocation of business table and restitution of bare ground required PAP was satisfied 28 Female Business table for selling bread located on Owner 20 Done right of way Relocation of business table and restitution of bare ground required PAP Satisfied 29 Male Metallic table top shed for selling provisions Owner 30 Done located on right of way Relocation of business table and restitution of bare ground required PAP satisfied 30 Male Business table and shed for selling slippers Owner 20 Done located on right of way relocation of business table and restitution of bare ground required PAP was satisfied 31 Female Metallic table top for food vendor on a bare 20 ground Disturbance of business and ground restitution required. Page 36 of 64 S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation 32 Male Metallic table top for food vendor on a bare Owner 30 Done ground Temporary displacement of business and ground restitution required. PAP was satisfied 33 Female Bare ground table top business for cola nut Owner 10 Done seller Disturbance of business and restitution of bare ground required PAP was satisfied 34 Female Metallic table top bread business unit on a bare Owner 20 Done ground. Disturbance to the Business and restitution PAP was satisfied 35 Female Porridge & koose small business unit 20 Disturbance of business and restitution of bare ground required PAP was satisfied 36 Male Concrete floor frontage of a tailoring shop Owner 297 Done Restitution of concrete pavement required (2.7m x 1.0m) PAP was satisfied 37 Female Concrete floor frontage of Chop bar Owner 979 Done Restitution of concrete pavement required (8.9m x 1.0m) PAP was satisfied 38 Wooden shed with wooden support and bare 10 ground Restitution of bare ground and wooden support required. 39 Male Wooden shed with bare ground and wooden Owner 10 Done support on right of way Restitution of bare ground and wooden support required 40 Female Metallic table top bread business unit on a bare Owner 20 Done ground Temporary displacement of table and restitution of bare ground required PAP was satisfied 41 Male Concrete pavement at frontage of mosque Owner 1034 Done Restitution of concrete pavement required. (9.4m x 1.0m) PAP was satisfied 42 Male Tiled pavement frontage of chemical store Owner 891 Done Restitution of concrete and tiled surface required (3.0m x 1.8m) PAP was satisfied Page 37 of 64 S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation 43 Female Concrete floor frontage of provision shop Owner 649 Done Restitution of concrete floor required PAP was satisfied 44 Male Metallic box for sale of recharge cards Owner 10 Done Temporary displacement of box and restitution of bare ground PAP was satisfied 45 Male Concrete floor frontage with broken tiled Owner 620.4 Done surface of a barbering shop Restitution of concrete with broken tiled surface required (4.7m x 1.0m) PAP was satisfied 46 Male Concrete floor frontage of a Latex foam shop Owner 726 Done Restitution of concrete floor required. (5.5m x 1.0m) PAP was satisfied 47 Male Concrete floor pavement of a sandals shop Owner 528 Restitution of concrete floor required (4.8m x 1.0m) 48 Male Concrete floor driveway to Tizaa Rural Bank Owner 284.9 Done premises Restitution of concrete floor required (3.7m x 1.0m) PAP was satisfied 49 Metallic table top porridge business unit with 352 concrete floor Restitution of concrete floor required 50 Table top Khebab business 10 Temporary disturbance of business and restitution of bare ground required 51 Female Metallic table top food business unit Owner 20 Done Disturbance and restitution of bare ground required PAP was satisfied 52 Female Metallic table top koose and egg business unit Owner 20 Done with bare ground Disturbance of business and restitution of bare ground required PAP was satisfied 53 Male Concrete floor frontage of a motor king and Owner 836 Done motor bikes shop (Dayun motorcycle) Restitution of concrete floor pavement required (7.5m x 1.0m) PAP was satisfied 54 Male Khebab business shed with bare ground Owner 10 Done Disturbance and restitution of bare ground required PAP was satisfied 55 Female Bare ground frontage of provision shop Owner 10 Done Page 38 of 64 S/N Sex Description of Asset/Impact Ownership of Compen PAP Affected Asset sation Consultation (Owners or Value and Tenants) (GHc) Negotiation Disturbance and Restitution of bare ground required PAP was satisfied 56 Male Bare ground frontage of motor king and Owner 10 Done television repairs shop Disturbance and restitution of bare ground required PAP was satisfied 57 Female Fried plantain seller Owner 10 Disturbance and restitution of bare ground required 58 Male Bare ground metal welding shop. Owner 20 Done Relocation of metallic works and restitution of bare ground required PAP was satisfied 59 Shea tree plantation located at proposed site 792.80 for High Level Tank Page 39 of 64 APPENDIX II: PAPS UNDER PROJECT EXTENSION WORKS Sn Sex Compen Description of Asset/ Impact Outstanding Age sation Paid Compensation (GHS) 1 Male 1,888.48 Teak trees (40No.) located on the access to the borehole site No Outstanding compensation Restitution of farm payment for affected trees required PAP was satisfied 2 Male 1,724.09 Shea trees (27No.) located on the access to the borehole site No outstanding Restitution of farm payment for affected trees required compensation PAP was satisfied 3 Male 11.99 Matured Maize farm No outstanding (15m*1m) located on right of way compensation 38 Restitution of farm land and payment of affected crops are required PAP was satisfied 4 Male 23.97 Matured Maize farm No outstanding (40m*1m) located on right of way compensation 50 Restitution of farm land and payment of affected crops are required PAP was satisfied Page 40 of 64 APPENDIX III: COMPENSATION PAYMENT FORM Page 41 of 64 APPENDIX IV: COMPENSATION DISCLOSURE FORM Page 42 of 64 APPENDIX V: GRIEVANCE REDRESS SHEET Page 43 of 64 APPENDIX VI: LAND ACQUISITION FORM COMMUNITY WATER AND SANITATION AGENCY ...………….……………………………………………………………………………… REGION (LAND ACQUISITION FORM) ACQUISITION OF LAND FOR THE CONSTRUCTION OF …………………………………………………………………………… AT ……………………………………………………...AREA/ SUBURB IN THE ………………………………………………….COMMUNITY OF THE …………………………………………………..… DISTRICT NAME OF LEAD FACILITATOR (S) 1. ……………………………………………………… Signature……………………………………………... NAME OF ASSOCIATE FACILITATOR (S) 1. ……………………………........................... Signature…………………………………………….. DATE: ……/………………../20….. Page 44 of 64 SUSTAINABLE RURAL WATER SUPPLY & SANITATION PROJECT (AF-SRWSP) COMMUNITY SMALL TOWN PIPED WATER PROJECT LAND ACQUISITION FORM RELEASE OF LAND FOR ……………….…… COMMUNITY SMALL TOWN PIPED WATER PROJECT I/We …………………………………………………………. being the owner(s) of the parcel of land located in ………………….…………area of the ……………………………………………………………. Community, have agreed to release the said land measuring ………………………………m2 as shown on the sketch (see attached) to the …………………………………………………………….Community in support of the community Small Town Piped Water Supply Project. This document and the process involved were read and explained to me in a language that I/We understand. I/We therefore agree to release the said land under the following conditions: 1. …………………………………………………………………………………………………………………………………………………… 2. ……………………………………………………………………………………………………………………………………………………… 3. Out of my (our) own free will without any compensation consideration whatsoever and under no circumstance will I/We claim back the land in so far as the purpose for which the land was taken still holds. LAND OWNER(S) Signed ………………………………… Signed…………………………………… Name …………………………………. Name…………………………………… Date………………………………… Date ……………………………….. Tel …………………………………………. Tel …………………………………………. WITNESS FOR LANDOWNER(S) Signed ……………………………………….. Tel Name …………………………………. Relationship with land owner(s)……………………………….. Date……………………………………. CHIEF/ TINDANA/ CLAN HEAD Signed …………………………………….. Name …………………………………. Position………………………………….. Date……………………………………. DISTRICTASSEMBLY Signed …………………………………… Tel Name …………………………………. Position…………………………………. Date……………………………………. WITNESS (DWST/ DISTRICTSAFEGUARD OFFICER) Signed ……………………………………. Tel Name …………………………………. Position…………………………………... Date……………………………………. Page 45 of 64 SKETCH SHEET FOR THE ACQUIRED LAND GPS Coordinate of land Point Longitude Latitude Line Distance A A-B B B -C C C-D D D-A E F G Page 46 of 64 PICTURE SHEET (Must capture the owner(s) and witnesses involved in the land acquisition and compensation payment processes) Figure 1: Picture of land owner(s) signing the land acquisition form Figure 2: Picture of the payment processes for the land acquisition form Page 47 of 64 LAND COMPENSATION RECEIPT NAME OF LANDOWNER(S): …………………………………………………………………. HOUSE ADDRESS: ………………………...…………………………………………………… COMMUNITY: ………………………………DISTRICT…………………………….………. REGION: ………………………………………………………………………………………… TELEPHONE NUMBER……………………………………………………………………….. DATE……………………………………….. RECEIVED FROM………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………............................... The sum of ………………………………………………………………………………………………………………………… …………………………………………………….. CEDIS………………………………..…PESEWAS Being the cost/ compensation for ……………………………m2 piece of land located at…………....... ……………………………………in the………………………………………community ……………....................... ………………………………………………………………………………………………………………………………………….. Cash / Cheque No. ………………………………………..Balance………………………………………………………. GHȼ ……………………………………………….. Signature Page 48 of 64 APPENDIX VII: COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL SUSTAINABLE RURAL WATER AND SANITATION PROJECT SAFEGUARDS COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL STPWS CONSTRUCTION Compliance to Month Month Month Quarterly Rating Safeguards Remarks Measures Issue Safeguards Measures Complied Partially Not Complied Partially Not Complied Partially Not Complied Complied Complied Complied Complied Complied Involuntary Resettlement issues Resettlement captured during feasibility studies and hydro-geological investigations Project design and layout shared with communities Land owners investigated, Project Affected Persons identified and documented DistrictSafeguards Team disclose right and compensation benefits to beneficiaries Consultation with land owners carried out Page 49 of 64 Land acquisition forms used to document released lands Cut of date disclosed to beneficiary community DistrictARAP prepared to guide resettlement issues Compensation paid Voluntary Resettlement issues Resettlement captured during feasibility studies and hydro-geological investigations Project design and layout shared with communities Land owners investigated, Project Affected Persons identified and documented DistrictSafeguards Team disclose right and compensation benefits to beneficiaries Land acquisition forms used to document released lands Page 50 of 64 Cut of date disclosed to beneficiary community District ARAP prepared to guide resettlement issues Safeguards speaking points for community meeting prepared Land size determined and voluntary land donors safeguarded from 50% loss of land Lands confirmed not to be under litigation Lands acquisition document endorsed by owners with witnesses Citizen Setting of Grievance Engagement Redress Teams / Grievance Redress Training of Grievance Redress Teams Speaking points on Grievance Redress Prepared Grievances prepared and available for use by aggrieved persons Grievance Redress Team consults Page 51 of 64 aggrieved persons on time for redress Grievances and resolution process well documented and filled Stakeholder engagement plan prepared Monthly stakeholder / site meetings organised Gender Representation of Women in WSMTs and safeguards activities Women participation in sitting of boreholes Safeguards CSF trained on Capacity Safeguards issues Enhancement DST trained on Safeguards issues Safeguards officers of borehole firm & water consultants trained Safeguards Team in place and functional ARAP implementation plans in place Page 52 of 64 Monitoring of ARAP implementation on- going Report Submission of report by contractor Page 53 of 64 APPENDIX VIII: SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT COMMUNITY WATER AND SANITATION AGENCY NORTHERN REGION ADDITIONAL FINANCING – SUSTAINABLE RURAL WATER AND SANITATION PROJECT SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT FOR CONSULTATION WITH PROJECT AFFECTED PERSONS INTRODUCTION Good morning / afternoon Sir or Madam. My name is ……………………………………….. and I work for …………………………………………………………… I am here to collect socio economic data on Project Affected Persons associated with the construction of ……………………………….Small Town Piped Water System in the ……………………… …………………………District in the …………………………………Region for the development of Abbreviated Resettlement Action Plan (ARAP). All information that I will solicit from you will only be used for the development of ARAP so kindly provide me with accurate data. Your participation is however voluntary and you may withdraw from the exercise whenever you deem it necessary. BASIC SOCIO ECONOMIC DATA 1. Sex: A. Male [ ] B. Female [ ] 2. Religion: A. Christian [ ] B. Muslim [ ] C. Pagan [ ] D. Others [ ] 3. Literacy: A. Literacy [ ] B. Illiteracy [ ] 4. Livelihood: A Petty Trading [ ] B. Farming [ ] C. Others [ ] 5. Dependency: A. Below 3 dependants [ ] B. 4 to 6 dependants [ ] C. 7 dependants and above [ ] 6. Vulnerability: A. 70 years and above [ ] B. Physically Challenge Person [ ] C. Widow/Widower [ ] D. Organ [ ] E. Pro Poor [ ] 7. Income: A. GHS 20.00 and below [ ] B. GHS 21.00 to 40.00 [ ] C. GHS 41.00 to 60.00 [ ] D. GHS 60.00 and above [ ] THANK YOU FOR YOUR PARTICIPATION Page 54 of 64 APPENDIX IX: CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PAPs COMMUNITY WATER AND SANITATION AGENCY NORTHERN REGION ADDITIONAL FINANCING – SUSTAINABLE RURAL WATER AND SANITATION PROJECT CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PROJECT AFFECTED PERSONS S/N Issue Brief Speaking Point 1. Scope of the High level Tanks Project / Basic Water System Office Project Stand Pipes Information Household Connections Transmission and distribution Lines Commencement of sub project Project duration Constructors and Consultants and their key project safeguards responsibilities (public safety) 2. Identification of All PAPs are to be consulted and negotiated with before Project Affected the commencement of works Persons / Impact disclosure to The PAPs are made to understand the specific sub project PAPs that will affect them and its associated impact on their asset or livelihood: a. Environmental impact b. Social impact c. Livelihood impact etc. 3. Compensation PAPs are made known that fair and adequate compensation Discussion will be paid to them before the commencement of construction works. 4. Eligibility and a. Structures Entitlement Replacement cost method will be used to determine the market value and based on land in comparable site, related structure and support services, prices of items on the local market, cost of transport and estimate for construction of new ones. b. Farm crops and trees Cash compensation will be determined for the PAP for damages or destruction of crops based on negotiations with the Land Valuation Division. c. Loss of Income Page 55 of 64 Value will be based on net monthly profit for the business to cover the period when the business is not operating. d. Disturbance Allowance Disturbances allowance will be valued at 10% of total compensation a. Persons with formal legal rights to land Persons with formal legal right to land will be compensated for land lost and other assistance b. Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders will be compensated for land lost and other assistance c. Persons with no recognizable legal right or claim to land they are occupying e.g. Squatters PAPs will be provided with resettlement assistance in lieu of compensation for land occupied d. Persons encroaching on land after the notification No compensation will be given to such persons to relocate 5. Valuation Valuation of asset will be done by the land commission. PAPs are entitle to negotiate with the Land Valuation Division in the determination of the compensation 6. Compensation 3. Cash compensation to affected persons Payment / 4. Material support to build structures or to relocate options 5. Restitution of affected asset 7. Compensation 1. Compensation will be paid to PAPs before the Payment Process commencement of construction 2. Compensation will be paid by a compensation payment team comprising of the MMDAs / CWSA and the Community Safeguards Team 3. Entitlement forms will be given to every PAP stating the his/her compensation entitlement 4. Compensation Payment Form will be completed in duplicate to demonstrate payment of compensation. 8 Grievance PAP are made to understand that they can channel all their Redress grievances through the Community Safeguards Officers for redress. If their grievances remain unresolved with 2 weeks the Regional and National Safeguards Teams will take up the issues for redress. Page 56 of 64 APPENDIX X: MINUTES OF MEETING WITH PAPs COMMUNITY WATER AND SANITATION AGENCY – NORTHERN REGION MINUTES OF CONSULTATION AND NEGOTIATION MEETING WITH PROJECT AFFECTED PERSONS HELD ON THURSDAY 7TH AUGUST 2018 AT GUSHIEGU DISTRICT ASSEMBLY HALL Attendance list of Key Personalities: 1. Alahaji Goro Abdallah - CWSA, NR - ESS 2. Samuel Snr Adjie Sao - CWSA, NR - WSE 3. Ato Quansah - CWSA, STT - ESS 4. Ing. Edward Ackom - CWSA, STT - WSS 5. Ing. Richard Atiogbe - CWSA, STT - ESS 6. Alidu Mohammed - Gushegu District - Planner 7. Dari Kasim - Gushiegu District - Engineer 8. Musa Yusif - Gushiegu District - DEHO 9. Number of PAPs Present / Representatives (59) ITEM DECISION ACTION BY 1.0 OPENING: The meeting began at about 2:30 p.m. The District Chief DCE, Executive of Gughiegu District introduced the guests made Gushiegu up of Mr. Emmanuel Ato Quansah, Ing. Edward Ackom and District Ing. Richard Atiogbe from the National Safeguards Team and Alhaji Goro Abdallah a member of the Northern Regional Safeguards Team to the people of Gushegu. 2.0 The Chief Executive of the Gushiegu District expressed DCE, gratitude to the Safeguards Team for the visit. He urged the Gushiegu Safeguards team to explain the impact of the project to the District people. 3.0 The Chief Executive assured the guests of the Assembly’s DCE, cooperation in the consultation meeting and pledged support Gushiegu for the project. District 3.1.1 Alhaji Goro Abdallah asked permission from the people to Alhaji allow the CWSA team to brief the PAPs on the project Abdallah related information regarding identification of PAPs, asset Goro valuation and payment of compensation. Page 57 of 64 3.1.2 Scope of the Project: Mr. Emmanuel Ato Quansah disclosed to the people that the Mr. Ato community will benefit from the construction of a Quansah rehabilitated system intended to supply water to all households in the community. He said the community will get new and rehabilitated stand pipes, high level tanks, pump houses and system offices. 4.0 Impact of the Project: Mr. Emmanuel Ato Quansah explained to all the PAPs the Mr. Ato impact of the project covering environmental, social and Quansah livelihood impacts. 4.1.1 a. Environmental He mentioned that the trenches to be dug for the laying of the pipelines may create some disturbances including noise and dust pollution. 4.1.2 b. Social and livelihood issues Mr. Ato Quansah stated that the sub projects may affect their Mr. Ato lands intended for other forms of development. The Quansah relocation of businesses tables, tents and other structures including kiosks and containers may affect businesses and income of the PAPs during the project. 4.1.3 Entitlement and Eligibility Structures Mr. Emmanuel Ato Quansah explained that Mr. replacement cost method will be used to determine the Emmanuel market value, and based on land in comparable site, related Ato structure and support services. He also mentioned that the Quansah prices of items on the local market, cost of transport and estimate for construction of new ones will be used to determine the entitlement of PAPs. In all that the officers of the land valuation will negotiate with PAPs in the final determination of compensation values. Mr. 4.1.4 Farm crops and Trees Emmanuel Mr. Emmanuel Ato Quansah mentioned that cash Ato compensation will be determined for the PAP for damages Quansah or destruction of crops based on negotiations with the Land Valuation Division. 4.1.5 Loss of Income Page 58 of 64 Mr. Emmanuel Ato Quansah emphasised that the value will Mr. be based on net monthly profit for the business to cover the Emmanuel period when the business is not operating. Ato Quansah 4.1.6 Disturbance Allowance Mr. Emmanuel Ato Quansah mentioned that disturbances Mr. allowance will be valued at 10% of total compensation as Emmanuel per the Resettlement Policy Framework of the SRWSP. Ato Quansah 5.0 Persons with formal legal rights to land / Persons without formal legal rights to land at time of notification but have claims to property recognized by community Mr. Mr. Emmanuel Ato Quansah took time to explain the Emmanuel eligibility and entitlement packages to all the PAPs and Ato other stakeholders. He explained that persons within this Quansah category will be compensated for land lost and other assistance. However, he mentioned that persons with no recognizable legal right or claim to land they are occupying e.g. squatters will be provided with resettlement assistance in lieu of compensation for land occupied. He then stated that persons encroaching on land after the notification will not be paid any form of compensation. 6.0 Valuation Mr. Emmanuel Ato Quansah mentioned that valuation of Mr. asset will be done by the land commission. PAPs are entitle Emmanuel to negotiate with the Land Valuation Division in the Ato determination of the compensation. The valuation will be Quansah done in line with statutory guidelines and as per the Resettlement Policy Framework. He assured the PAPs that adequate and fair compensation will be paid to them. Compensation Option 7.0 Mr. Mr. Emmanuel Ato Quansah stated the three main Emmanuel compensation options available for payment under the Ato project. He outlined the three main compensation option to Quansah include 1. Cash compensation to affected persons Page 59 of 64 2. Material support to build structures or to relocate 3. Restitution of affected asset Compensation Payment Process 8.0 Emmanuel According to Mr. Emmanuel Ato Quansah payment of Ato compensation will involve a number of processes. He Quansah explained that: 1. Compensation will be paid to PAPs before the commencement of construction 2. Compensation will be paid by a compensation payment team comprising of the MMDAs/CWSA and the Community Safeguards Team 3. Entitlement forms will be given to every PAP stating the his/her compensation entitlement 4. Compensation Payment Form will be completed in duplicate to demonstrate payment of compensation Grievance Redress 9.0 Alhaji Goro Abdalla a member of the Regional Safeguards Alhaji Team took his time to address the PAPs on Grievance Goro Redress Issues. He explained that PAPs can channel all their Abdalla grievances through the Community Safeguards Officers for redress. If their grievances remain unresolved within 2 weeks, the Regional and National Safeguards Teams will take up the issues for redress. The District Chief Executive on behalf of the District DCE, pledged their support for the entire project and committed Gushiegu themselves in ensuring that fair and adequate compensation District are paid to the PAPs. The DCE assured the participants of the meeting that they will keep all the necessary documentation on all the processes. 10.0 Feedback from stakeholders / PAPs The land owners of the Gushiegu Community pledged to The support the project by organising meetings in the various people of sessions of the community to discuss with them key Gushiegu safeguards issues on the project. The people of Gushiegu expressed delight about the meeting and pleaded with safeguards team to support them to minimise the adverse impact of the project on them. The District Chief Executive asked the District Safeguards Team to pay attention to all safeguards issues related to the project. Page 60 of 64 The people of Gushiegu entreated the safeguards teams to DCE, ensure that persons whose asset cannot be avoided during Gushiegu the project should be adequately compensated. The land District owners said that will ensure that the people of the community are not made worse off than they were before the project. The District Chief Executive of the Gushiegu District Assembly pleaded with the community to cooperate with CWSA and land valuation in the valuation of asset and entire Alhaji compensation determination and payment processes. Abdallah Goro Alhaji Abdallah Goro thanked the people for the wonderful audience they gave to the CWSA team. CLOSING: The meeting was brought to an end with a closing prayer Alhaji from Alhaji Goro Abdallah. The meeting officially ended at Abdallah 3:35 pm with all stakeholders satisfied. Goro Page 61 of 64 APPENDIX XI: EVALUATION INDICATORS FOR RESETTLEMENT ISSUES EVALUATION INDICATORS FOR RESETTLEMENT ISSUES 1. Was land ownership categorized and handled separately (voluntarily and involuntary)? 2. How were public institutions involved in the Land Acquisition processes? 3. How was the impact / land acquisition, resettlement and livelihood restoration addressed in compliance with the RPF? 4. Were communal/stool/public lands were considered first to minimise compensation payment? 5. Were voluntary land donations encouraged but carried out within strict guidelines to avoid abuse? 6. Were physical displacement were avoided as much as possible? 7. Were fair and adequate compensation paid to affected people? 8. Were compensations paid before destruction of property/crops? 9. Were compensations determined at full replacement cost? 10. How were affected structures (buildings, kiosks etc.) valued? 11. Were market value as at the time of replacement and that of the Land Valuation Board rates used as a guide in the valuation of crops affected on farms? 12. Were EPA requirements followed during tree felling? 13. Were cash paid for every tree felled and in addition grow two or more at location similar to where the other was felled? 14. Was 10% of the total compensation paid as disturbance allowance to project affected person? 15. Were the estimations of net monthly profit for affected business based on records, application of net monthly profit to the period when business is not operating used in cases of loss of income? 16. Was the framework for the compensation/resettlement applied 17. Were livelihood restoration measures considered 18. Were vulnerable persons identified and special assistance offered during the compensation implementation process. 19. Were Communities properly and adequately informed of plans and also their rights and options relating to their properties that may be affected by the project? 20. Were compensation offered timely in cash and/ or kind? 21. Were consultations done to ensure that all community members were informed and made fully aware of their rights and options regarding the resettlement activity? 22. Were the impact on ands and assets made? 23. Was a compensation committee established with representatives of the affected persons 24. Were the affected persons engaged in active consultations at the beginning of the project? 25. Were affected persons notified through both formal (in writing or entitlement notice) and informal (verbal) manner? 26. Is there an inventory of land donations and/or assets acquired prepared to inform the basis for planning, progress reporting, and monitoring of sub-projects that require land for civil works? 27. A contract listing all property and land/ farms surrendered and the types of compensation (both cash and kind) were prepared? 28. Are donors of voluntarily lands fully informed of the subproject and the implications Page 62 of 64 of donating the property 29. Were the land acquisition forms used? 30. Were community members made aware of the grievance redress sheet and its usage? 31. Is grievance redress structure available in the community and how has the grievance redress mechanism provide feedback to the project and community? 32. How do affected persons who were not satisfied with proposed entitlements or its implementation, able to seek for redress? 33. Was it the responsibility of the GoG through the DAs to pay compensations and the CWSA to facilitate this through the sector Minister and the RCC? 34. Has the evaluation programme implemented to periodically check on compliance with policy and provided lessons to amend strategies, especially in the longer term? 35. Was the evaluation done based on current World Bank procedures including gender considerations, and also national provisions on resettlement where they were consistent? 36. Was the community consulted when developing the concepts of the subproject with the intent of engaging their interests in the subproject? 37. Were key stakeholders consulted in the development of the ARAP? 38. Were all persons directly and indirectly affected by the project made to feel any sense of belonging to the project? Page 63 of 64 APPENDIX XII: GRIEVANCE REDRESS MECHANISM COMMUNITY GRIEVANCE GRIEVANCE RESOLUTION COMMUNITY SAFEGUARDS Exist at the community TEAM Level for conflict (3 member Team) resolution DISTRICT LEVEL Grievance resolution not exceeding 1 week GRIEVANCE DISTRICT SAFEGUARDS TEAM Exist at the District Level for (3 member Team) conflict resolution REGIONAL LEVEL Grievance resolution not exceeding 2 weeks GRIEVANCE REGIONAL SAFEGUARDS TEAM Exist at the Regional Level (3 member Team) for conflict resolution NATIONAL LEVEL Grievance resolution not exceeding 2 weeks GRIEVANCE SAFEGUARDS TECHNICAL TEAM Exist at the National Level (4 member Team) for conflict resolution Grievance resolution not exceeding 2 weeks LAW COURT Figure 1: Grievance Redress Flow Chart Source: CWSA-STT, 2018 Page 64 of 64