SUSTAINABLE RURAL WATER AND SANITATION PROJECT - ADDITIONAL FINANCING NORTHERN REGION CONSTRUCTION OF YAPEI SMALL TOWN PIPED WATER SYSTEM (CENTRAL GONJA DISTRICT ASSEMBLY) ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) By Safeguards Teams: Central Gonja District Assembly & Community Water and Sanitation Agency November 2018 Page 1 of 60 Table of Contents EXECUTIVE SUMMARY ............................................................................................................................ 6 1.0 INTRODUCTION ......................................................................................................................... 10 1.1 Brief Description of the Sub Project...................................................................................... 12 1.2 Sub-Project Activities, Location and Land Needs.................................................................. 12 1.2.1 Establishment of Surface Water Intake Point ............................................................... 12 1.2.2: Transmission Lines ........................................................................................................ 12 1.2.3: High Level Tank ............................................................................................................. 13 1.2.4: Distribution Lines .......................................................................................................... 13 1.2.5: Standpipes..................................................................................................................... 13 1.2.6: Office Building ............................................................................................................... 13 1.3: Land Needs Justification and Minimization .......................................................................... 13 2: CENSUS SURVEY OF DISPLACED PERSONS AND VALUATION OF ASSETS.......................................... 14 2.1 Methodology ......................................................................................................................... 14 2.1.1: Identification of Affected Assets .................................................................................. 14 2.1.2: Identification of PAPs .................................................................................................... 14 2.1.3: Valuation of Affected Asset .......................................................................................... 14 2.1.4 Cut-off Date................................................................................................................... 15 2.2 Results ................................................................................................................................... 15 3.0: AFFECTED ASSETS .......................................................................................................................... 16 4: SOCIO ECONOMIC FEATURES AND AFFECTED PEOPLE’S LIVELIHOODS ........................................... 16 5.0: DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE ............................. 20 5.1 Payment of Compensation ................................................................................................... 20 5.2 Minimizing acquisition and displacement ............................................................................ 20 5.3 Compensation payment principles ....................................................................................... 20 5.4 Eligibility and entitlement of PAPs ........................................................................................ 20 5.5 Compensation Payment Team .............................................................................................. 22 5.6 Role of the Compensation Payment Team ........................................................................... 22 6.0 CONSULTATION WITH DISPLACED PEOPLE ..................................................................................... 22 7.0 PROCEDURE FOR GRIEVANCE REDRESS .......................................................................................... 23 7.1 Community Safeguards Teams / Community Grievance Redress ........................................ 23 7.2 District Safeguards Team ...................................................................................................... 23 7.3 Regional Safeguards Team .................................................................................................... 24 7.4 National Safeguards Team .................................................................................................... 24 8.0 MONITORING AND EVALUATION .............................................................................................. 24 9.0 INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT FOR IMPLEMENTATION ........................ 25 Page 2 of 60 10.0: TIMETABLE, BUDGET AND FUNDING ARRANGEMENTS ............................................................. 26 10.1 Timetable .......................................................................................................................... 26 10.2 Budget and funding arrangements ................................................................................... 27 CONCLUSION......................................................................................................................................... 28 11.0 REFERENCES .................................................................................................................................. 28 APPENDIX I: PAP TABLE ......................................................................................................................... 30 APPENDIX II: COMPENSATION PAYMENT FORM .................................................................................. 35 APPENDIX III: COMPENSATION DISCLOSURE FORM ............................................................................. 36 APPENDIX IV: GRIEVANCE REDRESS SHEET ........................................................................................... 37 APPENDIX V: LAND ACQUISITION FORM .......................................................................................... 38 APPENDIX VI: COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL ........ 43 APPENDIX VII: SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT ................................................... 48 APPENDIX VIII: CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PAPs ............................... 49 APPENDIX X: EVALUATION INDICATORS FOR RESETTLEMENT ISSUES ................................................. 56 APPENDIX XI: GRIEVANCE REDRESS MECHANISM ................................................................................ 58 APPENDIX XII: GALLERY OF PICTURES ................................................................................................... 59 List of Tables Table 1: System Components ............................................................................................................... 12 Table 2: Other Key System Profile ........................................................................................................ 12 Table 3: Categories and numbers of PAPs ....................................................................................... 15 Table 4: Affected Asset and their Conditions ....................................................................................... 16 Table 5: PAPs affected by key components of Water System .............................................................. 16 Table 6: Summary of socio-economic data of PAP in Yapei Community ........................................... 18 Table 7: Summary of Entitlement Matrix ............................................................................................ 21 Table 7: Institutional Responsibilities for ARAP implementation ......................................................... 25 Table 8: ARAP Implementation Schedule ............................................................................................ 26 Table 9: Budget for Preparation and Implementation of ARAP ........................................................... 27 Table 9: Entitlements of PAPs on Transmission lines .......................................................................... 30 List of Acronyms AF- SRWSP – Additional Financing - Sustainable Rural Water and Sanitation Project Page 3 of 60 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 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 place Disturbance 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 have Resettlement: 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 opportunity restoration: 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 physical displacement: 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 own, Affected use, or otherwise benefit from a built structure, land (residential, agricultural, or Person: 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 of Value 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 Page 4 of 60 Abbreviated A public document which specifies the procedures and actions to be undertaken to Resettlement mitigate adverse effects, compensate losses, and provide development benefits to Action Plan 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. 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 Central Gonja 4 Village Yapei 5 Activities that requires temporary or permanent Laying of pipelines, construction high level lands tank, stand pipes and Water System Management Office 6 Project Total Cost GHS 3,952,854.59 7 Total Resettlement Cost GHS 3,635.40 8 Number of Affected People (PAP) 21 PAPs 9 Number of Affected Households (AH) 21 Households 10 Number of street-sellers displaced 21 11 Total number of right-owners of affected asset 21 12 Total Areas of expropriated land in hectare (ha) Estimated Total = 1.5 hectares 1m*166,840m parcel of land for distribution pipelines, 1m*61,110m parcel of land for transmission pipelines, 7 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 13 Number of commercial shops partly demolished 5 14 Number of business tables, tent and kiosks to be 16 displaced along road reservation Page 5 of 60 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 Yapei community in the Northern Region. 1. Compensation Summary In all, 21 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 5 major PAPs whose pavement of business shops 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 5 pavement of shops that will be partly demolished will be restituted. 2. Description of the Project / resettlement The construction of the Yapei Small Town Piped Water System requires the establishment of source, laying of transmission and distribution pipelines, construction of Water System Office and High level tanks. The construction of the key components of the water system will require damage of 5 pavement of business shops on the right of way. The 11 PAPs whose moveable assets will be relocated from the right of way will be assisted with cash compensation. The 11 PAPs will be supported to relocate an area of similar economic opportunities. 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. 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, 8 out of the 21 PAPs (38.1%) were females with 13 as males (61.9%). In assessing the literacy levels of the PAPs, 14 out of the 21 PAPs representing 66.7% were illiterate whilst 7 (33.3%) were literate. The survey also revealed that 19 PAPs representing 90.5% were natives of the community. In all, 17 PAPs representing (81.0%) depended on small Page 6 of 60 and medium scale trading mainly within the road reservations for their daily income, with 4 PAPs representing 19.0% depended on other sources including sale of telecommunication cards, micro finance, mobile money vendors, 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 will be partly damaged. The PAPs had number of dependants mainly ranging from 1 to 10 persons. A total of 4 PAPs representing 19.0% had dependants ranging below 3 persons whilst only 1 PAPs (4.8%) had 7 dependants and above. Majority of the PAPs (16) representing 76.2% had dependants ranging from 4 to 6. There was one vulnerable person who will be affected by the project in the community (with an amputated leg). The vulnerable PAP will be given a special cash compensation as vulnerability assistance. 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 space 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 the high level tanks and office building. Five (5) PAPs will have their business shops partly demolished due to trenching for the laying of distribution and transmission lines. The 11 PAPs whose moveable assets will be relocated from the right of way will be assisted with cash compensation. The 11 PAPs will be supported to relocate an area of similar economic opportunities 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*61,110m (for transmission pipelines), 1m*166,840m (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. Seven (7) 5m*7m communal lands at different locations of the Yapei 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 and the processes for land acquisition in the RPF will duly be followed to acquire them. 6. Legal and Institutional Framework for Resettlement The construction of the Yapei 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; Page 7 of 60 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: 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 – who 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 Safeguards Technical Team / Regional / District and Community Safeguards Team – who 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 Page 8 of 60 The Central Gonja District Assembly with support from Community Water and Sanitation Agency set 15th 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 Yapei community and Community Safeguards Team. The cut-off date was announced to the entire community in a general community meeting on 25th October 2018 and the rationale behind the cut-off date explained to all stakeholders. The project identified 21 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 5 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. 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 21 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 is estimated at Three Thousand Six Hundred and Thirty- Five Ghana Cedis, Forty Pesewas (GHS 3,635.40) will be compensated for. 8. Arbitration and Grievance Redress Page 9 of 60 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. The telephone numbers of the safeguard teams will be made available to the community. 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; h. 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, (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, Central Gonja District, Yapei Community and the World Bank. An estimated amount of Eight Thousand Six Hundred and Ninty-Eight Ghana Cedis, Fifty-Seven Pesewas (GHS 8,698.57) is required to implement the ARAP. 1.0 INTRODUCTION The Community Water and Sanitation Agency, intends to construct Small Town Piped Water System in the Yapei Community of the Northern Region. This initiative is part of the Additional Financing of the Sustainable Rural Water and Sanitation Project (AF-SRWSP) to Page 10 of 60 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 Yapei 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 design 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 legislation provides 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 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 Yapei Community, Central Gonja District Assembly, Environmental Protection Agency and Land Page 11 of 60 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 Yapei Small Town Piped Water System has the following key components detailed on table 1: Table 1: System Components Description Details 1 Sources Intake from the White Volta River with one pump house 2 High Level 1 High Level Tanks (with 1 rehabilitated) with capacities 200m3 3 Transmission Lines 61,110 m 4 Distribution Lines 166,840 m 5 System Office 1 New Water System Office located in Yapei 6 Stand Pipe 7 stand pipes located in different areas in the Yapei 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) Yapei Community 2 Consultant Sal Consult 3 Contractor Messrs Pump Tech Ltd/Construction Dynamics 4 Client Central Gonja District Assembly 5 Project Facilitator Community Water and Sanitation Agency, Northern Region 6 Beneficiary Population 7,453 People 7 Contract Sum GHS 5,922,775.42 8 Contract Duration 12 months 9 Proposed Start Date 1st April, 2019 10 Proposed Practical Completion Date 30th March, 2020 1.2 Sub-Project Activities, Location and Land Needs 1.2.1 Establishment of Surface Water Intake Point The Yapei Small Town Piped Water System requires a surface water intake point from the White Volta River flowing through the Yapei Community. 1.2.2: Transmission Lines A total of 61,110m*1m length of land is required to support the laying of transmission pipelines for the construction of the Yapei 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 Page 12 of 60 the laying of the transmission lines mainly fall within utility zones or along roads in the Yapei Community. No privately owned lands will be involved in the laying of transmission lines. 1.2.3: High Level Tank One (1) 15m*15m piece of land are required for the construction of one (1) High level tanks in the Yapei community. The acquisition and documentation of the lands should be done before commencement of construction work. 1.2.4: Distribution Lines A total of 166,840m*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 seven (7) 5m*7m pieces of land are required for the construction of seven (7) standpipes in the Yapei Community. The standpipes will be located in 7 different suburbs in the Yapei 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 seven (7) standpipes. 1.2.6: Office Building A land space of 18m * 30m is needed for the construction of one (1) Water System Management Office in Yapei. 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. 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. Page 13 of 60 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, Central Gonja 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. 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 Yapei community with support from staff of Community Water and Sanitation Agency, Central Gonja District Assembly, Water Consultant and Community members of the Yapei Community. The valuation was done based on government approved standards as follows: • Buildings and Structure Page 14 of 60 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. • 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 for any physical structure destroyed on the land. • Persons encroaching on land after the notification No compensation was paid to persons within this category 2.1.4 Cut-off Date The Central Gonja District Assembly with support from Community Water and Sanitation Agency set 15th 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 Yapei Community and the Community Safeguards Team. The cut-off date was announced to the entire community in a general community meeting on 25th October, 2018 and the rationale behind the cut-off date was explained to all stakeholders. 2.2 Results Table 3 shows the categories and numbers of PAPs and their assets that were affected by the sub project Table 3: Categories and numbers of PAPs Page 15 of 60 S/N Category of PAPs Numbers LAND 1 PAPs with no recognizable legal right or claim to land they are occu 21 pying, eg squatters 2 PAPs whose structures are to be damaged alone 5 3 PAPs whose business tables, tent and kiosks are displaced along 16 road reservation 3.0: AFFECTED ASSETS The sub project affected some structures and land as summarised on table 4 below Table 4: Affected Asset and their Conditions Affected No. of Conditio Categorisation Categorisatio Catego Description Asset PAPs n of PAPs by Sex n by Youth risation and Adult by vulnera bility No. of Males Female Youth Adult vulnerab le PAPs Pavement 5 The 3 2 0 5 0 Trenching pavement through the is in good concrete condition pavement Wooden 11 The kiosk 9 2 0 11 0 Relocation and metal is in good of wooden Kiosks condition kiosk Business 5 The 1 4 0 5 0 Relocation tables business of business tables are tables in good condition Table below contains the number of PAPs affected by the key components of the sub project Table 5: PAPs affected by key components of Water System S/N Component Number of PAPs A Transmission Lines 5 B Distribution Lines 16 Total 21 4: SOCIO ECONOMIC FEATURES AND AFFECTED PEOPLE’S LIVELIHOODS The Socio-economic survey carried out by the joint team from CWSA and Central Gonja District Assembly staff assessed the gender, literacy, livelihood, dependency, vulnerability Page 16 of 60 statuses of the PAPs. Out of the findings of the survey, 8 out of the 21 PAPs (38.1%) were females with 13 as males (61.9%). In assessing the literacy levels of the PAPs, 14 out of the 21 PAPs representing 66.7% were illiterate whilst 7 (33.3%) 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 19 PAPs representing 90.5% were natives of the community. In relation to livelihood. In all, 17 PAPs representing (81.0%) depended on small and medium scale trading mainly within the road reservations for their daily income, with 4 PAPs representing 19.0% 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 4 PAPs representing 19.0% had dependants ranging below 3 persons whilst only 1 PAPs (4.8%) had 7 dependants and above. Majority of the PAPs (16) representing 76.2% had dependants ranging from 4 to 6. There was one vulnerable persons identified as PAP in the community (with an amputated leg). Thirteen (13) PAPs representing 61.9% have a daily income of between GHS 21.00 to 40.00 whilst 3 PAPs (14.3%) receives a daily income of GHS 20.00 or less. Another 3 PAPs (14.3%) received a daily income of GHS 41.00 to 60.00 with another 2 PAPs (9.5%) earns more than GHS 60.00 as daily income. Assessing the religion, only 12 PAPs (9.5%) were Christians whilst, 18 PAPs (85.7%) were Muslims with 1 PAP (4.8%) as Pagan. Page 17 of 60 Table 6: Summary of socio-economic data of PAP in Yapei Community SEX LITERACY LIVELIHOOD DEPENDENCY VULNERABILITY DISTRIBUTION LEVELS Sex No % Literac No % Livelihood No % Dependenc No. % Vulnerability No % . y Level . . y . Male 13 61.9 Literac 7 33.3 Small and 17 81.0 Below 3 4 19.0 Persons 70 0 0 y Medium dependants years & above Scale Trading Femal 8 38.1 Illiterac 14 66.7 Others 4 19.0 4-6 16 76.2 Physically 1 100 e y dependants Challenged Persons Farming 0 0 7 1 4.8 Widow/widow 0 0 dependants er and above Orphans 0 0 Pro-poor 0 0 persons Total 21 100 21 100 21 100 21 100 1 100 Source: Field Visits, 2018 Income Level of PAPs per Day No. % Religion of PAPs No. % GHS 20 & below 3 14.3 Christians 2 9.5 GHS 21 – 40 13 61.9 Muslims 18 85.7 GHS 41 – 60 3 14.3 Others 0 0 GHS 60 & above 2 9.5 Pagan 1 4.8 Total 21 100 21 100 Source: Field Visits, 2018 Page 18 of 60 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% 0 Day 1 1 0 100% 100% 100% 90% 90% 4 90% 90% 2 90% 90% 90% 80% 80% 0 80% 80% 3 80% 80% 8 70% 80% 70% 70% 70% 70% 60% 60% 70% 60% 70% 60% 16 14 60% 18 50% 50% 1 50% 50% 60% 60% 50% 40% 40% 13 40% 40% 17 40% 50% 50% 30% 30% 30% 30% 30% 40% 40% 20% 20% 20% 20% 20% 13 10% 4 10% 30% 30% 10% 10% 10% 3 0% 0% 0 2 0% 20% 20% 0% Dependant Vunerability 0% 7 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 19 of 60 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, Central Gonja District Assembly and Chief of Yapei Community are ready to offer two main types of compensation 1. Cash compensation to affected persons 2. Restitution of affected asset All the 21 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. They will be supported to relocate to areas of similar economic opportunities. In addition, any physical structure destroyed during the process of relocation will be compensated for or restituted. 5.2 Minimizing 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 as per the entitlement matrix presented at section 5.4. 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 Page 20 of 60 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 under national law; or (iii) who have no recognizable legal right or claim to the land or assets they occupy or use. The table below shows the entitlement matrix for PAPs. Table 7: 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 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 Cost of move the affected irrespective of land structure back to project ownership affected land Disturbance allowance of 10% Page 21 of 60 Livelihood 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 Central Gonja District Assembly, a member of the National and Regional Safeguards Team, District Safeguards Team member, and a Community Safeguards Officer of the Yapei 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 26th July 2018, 16th August 2018 and 25th 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 including grievance redress process. The PAPs were met one- on-one to discuss their individual 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 Central Gonja District Assembly and stakeholders from the community including the Chief, elders, Community Safeguards Facilitators were involved in the meeting (See Annex IV 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, Page 22 of 60 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 Central Gonja District staff. The rest were chief of Yapei, 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 IV for details). The entire grievance redress procedure and community safeguard team were introduced to the PAPs during three separate meetings held with them on 26th July 2018, 16th August 2018 and 25th October 2018. The telephone numbers of the safeguard team were also made available to the community at these meetings. In addition to the above structures, Safeguards Social Support Services Teams (S4Ts) have been identified in Yapei 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. 7.2 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 Central Gonja 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. Page 23 of 60 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 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 Page 24 of 60 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 be carrying 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 Central Gonja District Assembly is the lead institution in implementing this ARAP but will be supported by the CWSA and Safeguards Team of the Yapei Community working closely with the Chief of Yapei. 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 applicable. Copies of the ARAP will be placed at the District Assembly to allow public access. In additional the ARAP will be disclosed during a scheduled disclosure meeting at the project community. The Central Gonja District Assembly will be responsible for ensuring that the 21 PAPs receive adequate compensations before construction of civil works. The Central Gonja District Assembly with support from CWSA will complete the compensation entitlement forms (see Appendix III) with the compensation values determined by the Land Valuation Division of the Land Commission. The Central Gonja 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 IV) 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 8): Table 8: Institutional Responsibilities for ARAP implementation S/N Activity Lead Institution Supporting Institution 1 Identification of PAP MMDA CWSA/ Community Safeguards Team Page 25 of 60 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 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 9): Table 9: ARAP Implementation Schedule S/N Activities Start Date Completion Date Responsibility 1 Submission of 4th December 2018 7th December 2018 Central Gonja Draft ARAP District Assembly 2 Finalization of 8th February 2019 11th February 2019 CWSA/ Central ARAP Gonja District Assembly 3 Disclosure of 21st March 2019 27th March 2019 Central Gonja ARAP District / CWSA 4 Payment of 1st April 2019 3rd April 2019 Central Gonja Compensation District Assembly 5 Relocation of 7th April 2019 12th April 2019 Central Gonja PAPs District Assembly 6 Monitoring of 1st April 2019 5th June 2020 CWSA/ Central ARAP Gonja District implementation Municipal Assembly 7 Independent Ist May2020 12th June2020 Independent / Verifiers’ end Third Party of ARAP Consultant Page 26 of 60 implementation /evaluation 10.2 Budget and funding arrangements An amount of Three Thousand, Six Hundred and Thirty-Five Ghana Cedis, and Forty Pesewas (GHS 3,635.40) is required for the payment of compensation for the construction of Yapei Small Town Piped Water System in the Northern Region. The budget covers compensation, livelihood restoration, capacity building, and 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 as per the ARAP entitlement matrix. No compensation was paid in lieu of land in the Yapei 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. 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 10 below has the details. Table 10: 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 permanent immoveable structures 3,325.40 including resettlement allowance b. Compensation for temporary displacement of moveable structures 210.00 including resettlement allowance c. Cost of special assistance to vulnerable persons 100.00 SUB TOTAL 3,635.40 2 CAPACITY BUILDING & IMPLEMENTATION COST a Capacity building for key stakeholders–local consultant 3,000.00 Page 27 of 60 b Overhead cost for ARAP disclosure, compensation disbursement 727.08 /grievance redress/monitoring & evaluation (20%-40% of compensation cost, 20% used) c Legal fees (in case of court dispute) 545.31 (15% of compensation cost) SUB TOTAL 4,272.39 3 TOTAL COST (Addition of all sub totals) 7,907.79 4 CONTINGENCY 790.78 (10% of total cost) 5 GRAND TOTAL (Addition of Total Cost and Contingency) 8,698.57 CONCLUSION This ARAP has been prepared to ensure that all the 21 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, Central Gonja District Assembly and the Chief, Community Safeguards Team and PAPs in the Yapei community. An amount of Three Thousand, Six Hundred and Thirty-Five Ghana Cedis, and Forty Pesewas (GHS 3,635.40) is required for the payment of compensation for the construction of Yapei Small Town Piped Water System and implementation of related ARAP activities. 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 28 of 60 Page 29 of 60 APPENDIX I: PAP TABLE Table 11: Entitlements of PAPs on Transmission lines S/N Sex Description of Asset/Impact Ownership of Compensation PAP Affected Asset Value (GHc) Consultation (Owners or Tenants) and Negotiation 1 Block pavement (with concrete at Owner 577.5 Done edges) of the entrance to GN Bank (7.5m*1m) located on right of way Restitution of block and concrete pavement required PAP was satisfied 2 Male Pavement of stairs in front of shop Owner 187 Done (1m*1m) located on right of way Restitution of concrete pavement required 3 Male Washing bay located on right of way Owner 10 Done Restitution of bare ground required PAP satisfied 4 Female Metallic business table for selling Owner 20 Done Kenkey located on right of way Payment for disturbance and restitution of bare ground required PAP was satisfied Page 30 of 60 5 Male Vulcanizing shop located on right of Owner 10 Done way Relocation of tires required 6 Male Frontage of spare parts shop located Owner 10 Done on right of way Restitution of bare ground required PAP satisfied 7 Male Frontage of shop located on right of Owner 10 Done way Restitution of bare ground required 8 Female Frontage of saloon located on right of Owner 10 Done way Restitution of bare ground required PAP satisfied 9 Male Bare ground of fuel filling station Owner 10 Done located on right of way Restitution of bare ground required PAP satisfied 10. Male Frontage of Agro Chemical shop Owner 10 Done located on right of way Page 31 of 60 Restitution of bare ground required PAP satisfied 11 Female Metallic business table for selling bread Owner 20 Done and fried egg located on right of way Relocation of metallic table required Payment for the disturbance and restitution of bare ground required PAP satisfied 12 Male Motor fitting shed located on right of Owner 10 Done way Relocation of motors required Restitution of bare ground required PAP satisfied 13 Male Wooden kiosk for selling fuel located Owner 20 Done on right of way Relocation of kiosk required Restitution of bare ground required PAP was satisfied 14 Male Shed for repairing of shoes located on Owner 20 + additional Done right of way 100 for Payment for disturbance and vulnerability restitution of bare ground required assistance 120 PAP satisfied Page 32 of 60 15 Female Pavement of frontage of restaurant Owner 297 Done and drinking spot (2.7m*1m) located on right of way Payment for disturbance and restitution of bare ground and pavement required PAP satisfied 16 Female Business table for selling rice and Owner 20 Done beans located on right of way Relocation of business table required Payment for disturbance and restitution of bare ground required PAP was satisfied 17 Male Pavement of drug store (6.5m*1m) Owner 500.5 Done located on right of way Restitution of concrete pavement required PAP satisfied 18 Female Business table for selling fried yam Owner 10 Done located on right of way Relocation of business table required Restitution of bare ground required PAP was satisfied 19 Female Pavement of Star Oil fuel filling station Owner 1863.4 Done (24.2m*1m) located on right of way Restitution of mass concrete pavement required PAP satisfied Page 33 of 60 20 Male Business table under a shed located on Owner 10 Done right of way Payment for disturbance and restitution of bare ground required PAP satisfied 21 Female Shed for selling rice located on right of Owner 10 Done way Payment for disturbance and restitution of bare ground required PAP satisfied Page 34 of 60 APPENDIX II: COMPENSATION PAYMENT FORM Page 35 of 60 APPENDIX III: COMPENSATION DISCLOSURE FORM Page 36 of 60 APPENDIX IV: GRIEVANCE REDRESS SHEET Page 37 of 60 APPENDIX V: 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 38 of 60 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 39 of 60 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 40 of 60 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 41 of 60 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 42 of 60 APPENDIX VI: 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 43 of 60 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 44 of 60 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 Engagement Grievance Redress / Grievance Teams Redress Training of Grievance Redress Teams Speaking points on Grievance Redress Prepared Grievances prepared and available for use Page 45 of 60 by aggrieved persons Grievance Redress Team consults 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 Page 46 of 60 Safeguards officers of borehole firm & water consultants trained Safeguards Team in place and functional ARAP implementation plans in place Monitoring of ARAP implementation on-going Report Submission of report by contractor Page 47 of 60 APPENDIX VII: 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 APPENDIX X Page 48 of 60 APPENDIX VIII: 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 49 of 60 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 entitled 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 PAPs are made to understand that they can channel all Redress their 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 50 of 60 APPENDIX IX: 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 13TH AUGUST 2018 AT YAPEI CHIEF’s PALACE Attendance list of Key Personalities: 1. Alahaji Goro Abdallah - CWSA, NR - ESS 2. Ato Quansah - CWSA, STT - ESS 3. Ing. Edward Ackom - CWSA, STT - WSS 4. Ing. Richard Atiogbe - CWSA, STT - ESS 5. Anas Osman - Central Gonja District - Planner 6. Alfred Ado - Central Gonja District - Engineer 7. Simon Yogri - Central Gonja District - DEHO 8. Number of PAPs Present / Representatives (21) ITEM DECISION ACTION BY 1.0 OPENING: The meeting began at about 10:30 am. The District Anas Development Planner Mr. Anas Osman Osman introduced the guests made of Mr. Emmanuel Ato Quansah, Ing. Edward Ackom and Ing. Richard Atiogbe from the National Safeguards Team and Alhaji Goro Abdallah a member of the Northern Regional Safeguards Team to the people of Gushiegu. 2.0 The Community Safeguards Teams took turns to express Assembly their gratitude to the Safeguards Team for visiting them and members engaging them and soliciting for their views for the implementation of the project. 3.0 The Assembly members assured the guests of their cooperation in the consultation meeting and pledged their support for the project. 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 51 of 60 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. Loss of Income Page 52 of 60 4.1.5 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 Disturbance Allowance 4.1.6 Mr. Emmanuel Ato Quansah mentioned that disturbances allowance will be valued at 10% of total compensation as Mr. per the Resettlement Policy Framework of the SRWSP. Emmanuel Ato Quansah Persons with formal legal rights to land / 5.0 Persons without formal legal rights to land at time of notification but have claims to property recognized by community Mr. Emmanuel Ato Quansah took time to explain the Mr. eligibility and entitlement packages to all the PAPs and Emmanuel other stakeholders. He explained that persons within this Ato category will be compensated for land lost and other Quansah 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. Valuation 6.0 Mr. Emmanuel Ato Quansah mentioned that valuation of Mr. assets will be done by the land commission. PAPs are Emmanuel entitled to negotiate with the Land Valuation Division in the Ato determination of the compensation. The valuation will be Quansah done in line with guidelines and as per the Resettlement Policy Framework. He assured the PAPs that adequate and fair compensation will be paid to them. Compensation Option Mr. Mr. Emmanuel Ato Quansah stated the three main 7.0 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 53 of 60 2. Material support to build structures or to relocate 3. Restitution of affected asset Compensation Payment Process Emmanuel 8.0 According to Mr. Emmanuel Ato Quansah the payment of Ato compensation will involve a number of process. 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 Mr. Anas Osman a member of the Central Gonja District 9.0 Safeguards Team took his time to address the PAPs on Anas Grievance Redress Issues. He explained that PAPs can Osman channel all their 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. Mr. Anas Osman on behalf of the District Safeguards Team pledged their support for the entire project and committed Anas themselves in ensuring that fair and adequate compensation Osman are paid to the PAPs. The District Safeguards Team assured the participants of the meeting that they will keep all the necessary documentation on all the processes. Feedback from stakeholders / PAPs 10.0 The people of Yapei expressed delight about the meeting and pleaded with safeguards team to support them to The minimise the adverse impact of the project on them. The people of people asked the District Safeguards Team to serve as a Yapei conduit for them to get information from the Regional and National Safeguards Team when the need arises. The people thanked the safeguards teams for ensuring that measures are put in place to compensate the affected persons Page 54 of 60 They entreated the safeguards teams to ensure that persons whose assets cannot be avoided during the project should be Mr. Anas adequately compensated. This he said will ensure that the Osman people of the community are not made worse off than they were before the project. Mr. Anas Osman of the Central Gonja District Assembly pleaded with the community to cooperate with CWSA and land valuation in the valuation of asset and entire compensation determination and payment processes. Mr. Anas Mr. Anas Osman thanked the people for the wonderful Osman audience they gave to the CWSA team. CLOSING: The meeting was brought to an end with a closing prayer from Anas Osman. The meeting officially ended at 11:45 am with all stakeholders satisfied. Mr. Anas Osman Page 55 of 60 APPENDIX X: 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 56 of 60 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 57 of 60 APPENDIX XI: 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 58 of 60 APPENDIX XII: GALLERY OF PICTURES Plate 8: Meeting with Stakeholders for PAP identification at Yapei Plate 9: Safeguards Team on identification exercise at Yapei Page 59 of 60 Plate 10: Consultation meeting with stakeholders and PAPs at Yapei Page 60 of 60