STRATEGY AND CORPORATE SERVICES DIRECTORATE ABBREVIATED RESETTLEMENT ACTION PLAN FOR THE PROPOSED ELECTRICITY SERVICE ACCESS PROJECT – COMPONENT A2, COPPERBELT PROVINCE PREPARED BY ZESCO LIMITED-ENVIRONMENT AND SOCIAL ANALYSIS UNIT JANUARY, 2021 ZESCO LIMITED ESAP EXECUTIVE SUMMARY The Government of the Republic of Zambia (GRZ) requested for World Bank (WB) financing for the Electricity Service Access Project (ESAP). The objective of the project is to increase electricity access in targeted rural areas of Zambia. The project will comprise three components namely; on-grid electricity access expansion (Component A), off-grid electricity access expansion (Component B) and technical assistance (Component C). The Project is consistent with the long- term development objectives of the GRZ, as articulated in the Vision 2030 and the Seventh National Development Plan (7NDP). The overall Project coordination will be undertaken by the Ministry of Energy (MoE) through a Project Steering Committee (PSC) with the Rural Electrification Authority (REA) and ZESCO Limited as implementing agencies. It is envisaged that REA will serve as a Fund Manager for all the Project funds while ZESCO will implement activities under Component A which will provide Output Based Aid (OBA) subsidies for consumer connections (Sub-Component A1) and finance network reinforcements and extensions for on-grid electrification (Sub-Component A2). Implementation of Component B, off-grid electricity access expansion is to be undertaken by REA, through a grant facility from the World Bank. Sub-Component A2 will involve the construction of High Tension (HT) 33/11kV and Medium/Low Voltage (MV) 400/230V distribution lines and installation of distribution transformers in selected rural areas of nine (9) provinces namely: Northern, North-Western, Luapula, Muchinga, Copperbelt, Eastern, Western, Southern and Central provinces. The total distance for the proposed distribution lines to be constructed is 381.75km of MV lines, 96.62km of HT lines and installation of 241 transformers in all the nine (9) provinces. It is worth noting that the distances of the proposed HT lines will range approximately between 50 and 2000 meters. Brief Description of the Project Sub-component A2 will involve extension and strengthening of the grid network to accommodate new connections. The works under this sub-component will largely consist of construction of HT (33/11kV) distribution lines, installation of distribution transformers, and construction of MV/LV distribution lines (400/230V). Project Objective The overall objective of the ESAP is to increase electricity access in targeted rural areas across Zambia. Project Area, Cost and Implementation Date The project area is located in Masaiti, Mpongwe, Kitwe and Lufwanyama districts of the Copperbelt Province. The construction works of the power lines is estimated to cost USD794,661.29. The construction activities will only commence once this Abbreviated i ZESCO LIMITED ESAP Resettlement Action Plan (ARAP) has been approved by the World Bank and implemented accordingly by ZESCO. Rationale for Preparation of Abbreviated Resettlement Action Plan The planned 33/11kV power lines have the wayleave clearance/Right-Of-Way (ROW) of 22m width (11m on either sides of the centre). No settlements, trading facilities or trees are permitted within the wayleave. It is the desire of ZESCO limited that the planned works should not negatively affect the livelihoods of the people living near the line routes. Therefore, the assets within the ROW that have to be demolished as a result of the proposed works should be compensated for accordingly at replacement costs in order to mitigate the negative impacts on the affected asset owners. Objective of the ARAP The objective of the ARAP is to ensure that all the persons affected by the project are exclusively engaged and adequately compensated for loss of assets and other livelihoods. Scope of the ARAP This abbreviated plan covers the following minimum elements: ✓ identification of project impacts and affected populations; ✓ legal framework for land acquisition and compensation; ✓ compensation framework; ✓ description of resettlement assistance and restoration of livelihood activities; ✓ detailed budget; ✓ implementation schedule; ✓ description of organizational responsibilities; ✓ framework for public consultation, participation, and development planning; ✓ description of provisions for redress of grievances; ✓ framework for monitoring, evaluation and reporting; and ✓ socio-economic and income restoration measures1 POLICY, LEGAL FRAMEWORK AND INTERNATIONAL STANDARDS Policy Framework ✓ Involuntary Resettlement Guidelines from the Office of the Vice President Legal Framework ✓ The Constitution of Zambia (Amendment), 2016 1In case some of the displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. ii ZESCO LIMITED ESAP ✓ The Lands Acquisition Act, 1994 ✓ The Urban and Regional Planning Act, 2015 ✓ The Lands Act (Cap 184) ✓ The Local Government Act No 2 of 2019 ✓ The Land Survey Act – Cap 188 ✓ The Environmental Management Act (EMA), No. 12 2011 ✓ The Environmental Impact Assessment (EIA) Regulations, SI 28 of 1997 ✓ Arbitration Act, No. 19 of 2000 ✓ National Resettlement Policy of 2015 ✓ The Disaster Management Act No. 13 of 2010 ✓ Electricity Act, No. 11 of 2019 ✓ Energy Regulation Act No. 12 2019 International Standards ✓ World Bank Resettlement Guidelines ✓ International Finance Corporation Guidelines METHODOLOGY The following activities formed the methodology that was used to prepare the ARAP: ✓ Inventory and identification of affected assets ✓ Census survey of affected PAPs − Enumeration and Registration − Identification of affected structures and fruit trees − Beneficiary Capping ✓ Data analysis The completion of the census represented a cut-off date for eligibility for resettlement assistance. The cut-off date is the date of completion of the census and assets inventory of persons affected by the project. The inventory and valuation of the fruit trees as well as structures was completed on 30 August and 29 October 2020, respectively and were thus set as the cut-off dates. PROFILE OF PROJECT AFFECTED PERSONS The socio-economic baseline for the Project Affected Persons (PAPs) is based on the census and asset survey that was conducted and a total of forty (40) PAPs in Masaiti, Mpongwe and Lufwanyama districts of the Copperbelt Province will be affected by the proposed project. Out of the forty (40) PAPs, thirty (32) have fruit trees affected only, one (1) only has a tree of economic value affected, one (1) only has a structure affected and six (6) have both structures and fruit trees affected. The structures affected consist of grain storages, kitchen and bath iii ZESCO LIMITED ESAP shelters. Refer to the table below for the summary of PAPs with affected fruit trees/trees of economic value and structures. Summary of PAPs Affected Quantity Total number of PAPs with fruit trees only 32 Total number of PAPs with trees of economic value 01 Total number of PAPs with built structures only 01 Number of PAPs with both fruit trees and built structures 06 Overall total number of affected persons 40 PROJECT IMPACTS The identified impacts are summarised in the table below: Summary of project impacts Impact Total Number Business structures to be affected 0 Fruit trees 96 Trees of Economic value 01 Bath shelter 04 Kitchen shelter 02 Grain storeroom/storage 03 RESETTLEMENT BUDGET AND SCHEDULE The budget to implement the ARAP is K221,376.26 and comprise compensation for affected fruit trees/trees of economic value and replacement of nine (9) auxiliary structures. Considering that only aforementioned will be affected, the following components will not be considered: • Loss of business arising from relocation of business structures and business interruption • Livelihood restoration (money management training and transitional support CONCLUSION This Abbreviated Resettlement Action Plan (ARAP) has detailed the potential impacts of Component A2 in Copperbelt Province on the PAPs and presents mitigation measures for the economic loss and physical displacement caused by the Project. ZESCO Limited has committed to implementing this Plan according to its internal procedures and within the budget that has been allocated for this project. VICTOR M MUNDENDE MANAGING DIRECTOR – ZESCO LIMITED iv ZESCO LIMITED ESAP TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... i ABBREVIATIONS AND ACRONYMS ....................................................................................... ix GLOSSARY OF TERMS ............................................................................................................ x 1.0 INTRODUCTION .............................................................................................................. 1 1.1 Project Background and Objectives.......................................................................................................1 1.2 Project Objective ......................................................................................................................................1 1.3 Project Justification ..................................................................................................................................1 1.4 The Project Proponent.............................................................................................................................2 1.5 Project Area...............................................................................................................................................2 1.6 Rationale for preparation of Abbreviated Resettlement Action Plan ................................................3 1.7 Objectives of the ARAP............................................................................................................................3 1.8 Scope of the ARAP ...................................................................................................................................3 1.9 Policy and Principles ................................................................................................................................3 1.10 Stakeholder Engagements ......................................................................................................................4 2.0 POLICY AND LEGAL FRAMEWORK................................................................................... 5 2.1 Legal Framework ......................................................................................................................................5 2.2 Policy Framework .................................................................................................................................. 11 2.3 International Standards........................................................................................................................ 12 2.4 Gap Analysis – Zambian Legislation and World Bank Safeguard Policies ..................................... 15 2.5 Best Practice Perspective ..................................................................................................................... 17 3.0 APPROACH AND METHODOLOGY .................................................................................. 19 3.1 General Approach .................................................................................................................................. 19 3.2 Methodology .......................................................................................................................................... 19 3.2.1 Inventory and identification of affected assets ........................................................................ 19 3.2.2 Census survey of affected PAPs .................................................................................................. 19 3.2.3 Data Analysis.................................................................................................................................. 20 4.0 SOCIO-ECONOMIC BASELINE ASSESSMENT ................................................................. 21 4.1 Regional Overview ................................................................................................................................... 21 4.1.1 Administrative Structures ............................................................................................................. 21 4.1.1.2 Traditional Authority ....................................................................................................................... 21 v ZESCO LIMITED ESAP 4.2 Socio-economic conditions in the area ................................................................................................... 22 4.2.1 Community Profile and Demography ......................................................................................... 22 4.2.2 Culture and Ethnic groupings ...................................................................................................... 23 4.2.3 Land Use and Settlement ............................................................................................................. 23 4.2.4 Typical housing types ................................................................................................................... 23 4.2.5 Water Supply and Sanitation ....................................................................................................... 23 4.2.6 Local Economy ............................................................................................................................... 24 4.3 Profile of project affected persons...................................................................................................... 26 4.3.1 Summary of Affected PAPs .......................................................................................................... 26 4.3.2 Households affected by loss of dwelling structures ................................................................. 27 4.3.3 Vulnerable PAPs............................................................................................................................. 27 4.3.4 Employment and Livelihoods ....................................................................................................... 28 5.0 ENTITLEMENT FRAMEWORK ......................................................................................... 31 5.1 Compensation Eligibility .......................................................................................................................... 31 5.2 Project Impacts ..................................................................................................................................... 31 5.3 Compensation calculation methods .................................................................................................... 32 5.4 Entitlements ........................................................................................................................................... 33 5.5 Summary of compensation packages................................................................................................. 35 5.5.1 Standing crops and Fruit-bearing trees ..................................................................................... 36 5.5.2 Residential and business structures ........................................................................................... 36 5.5.3 Other allowances ........................................................................................................................... 36 5.6 Process for fulfilling compensation and providing assistance......................................................... 36 6.0 RESETTLEMENT PLANNING .......................................................................................... 37 6.1 Physical Resettlement ............................................................................................................................. 37 6.2 Relocation Site ........................................................................................................................................ 38 7.0 IMPLEMENTATION ........................................................................................................ 39 7.1 Government of the Republic of Zambia and Rural Electrification Authority .......................................... 39 7.2 ZESCO Limited.......................................................................................................................................... 39 7.3 Government of the Republic of Zambia and the Traditional Authority .................................................. 39 7.4 Non-Governmental Organisations........................................................................................................... 40 7.5 Grievance and Dispute Resolution .......................................................................................................... 40 7.5.1 Approach ......................................................................................................................................... 40 7.5.2 Time Frame ...................................................................................................................................... 40 vi ZESCO LIMITED ESAP 7.5.3 Appeals ............................................................................................................................................ 40 7.5.4 Grievance Form ............................................................................................................................... 41 8.0 MONITORING AND EVALUATION .................................................................................. 42 8.1 Performance Monitoring ....................................................................................................................... 42 8.2 Effects Monitoring ................................................................................................................................. 42 8.2.1 Quantitative Monitoring ................................................................................................................ 42 8.2.2 Qualitative Monitoring .................................................................................................................. 42 8.3 Completion Audit ................................................................................................................................... 43 9.0 RESETTLEMENT BUDGET AND SCHEDULE ..................................................................... 44 10. CONCLUSION ................................................................................................................ 45 APPENDICES ....................................................................................................................... 47 APPENDIX 1 - PHYSICAL ASSET QUESTIONNAIRE ................................................................................................ 47 APPENDIX 2 – GRIEVANCE REDRESS MECHANISM FORM ...................................................................................... 47 APPENDIX 3 – BUSINESS OPERATIONS QUESTIONNAIRE ...................................................................................... 47 APPENDIX 4: CUT-OFF NOTICE ...................................................................................................................... 47 APPENDIX 5 – VALUATION REPORTS............................................................................................................. 47 APPENDIX 6 – COMPESATION CONSENTS .................................................................................................... 47 vii ZESCO LIMITED ESAP LIST OF TABLES Table 1 Differences between Zambian law/regulation and WB policy .................................... 15 Table 2: Demographic profile of the targeted districts ......................................................... 22 Table 3: Demographic profile of affected communities by Constituency and Ward ................. 22 Table 4: Summary of PAPs ................................................................................................ 27 Table 5: Summary of PAPs by Gender and Age ................................................................... 27 Table 6:Summary of Vulnerable PAPs ................................................................................. 28 Table 7: List of PAPs and type of affected fruit trees/structures in the Province .................... 28 Table 8: Summary of Project Impacts .............................................................................. 31 Table 9: Entitlement Matrix................................................................................................ 33 Table 10: Summary of Physical Displacement ..................................................................... 37 LIST OF FIGURES Figure 1: Grievance Redress Mechanism Process................................................................. 41 viii ZESCO LIMITED ESAP ABBREVIATIONS AND ACRONYMS 7NDP Seventh National Development Plan ARAP Abbreviated Resettlement Action Plan CBO Community Based Organisation CSO Central Statistical Office DDCC District Development Coordinating Committee EIA Environmental Impact Assessment EMA Environmental Management Act ESAP Electricity Service Access Project GBV Gender Based Violence GRZ Government of the Republic of Zambia HT High Tension IAPs Interested and Affected Parties IDPs Internally Displaced Persons IFC International Finance Corporation KM kilometre kV kiloVolt MLG Ministry of Local Government MoE Ministry of Energy MV Medium Voltage NGO Non-Governmental Organisation NRC National Registration Card OBA Output Based Aid PAH Project Affected Households PAPs Project Affected Persons PSC Project Steering Committee RAP Resettlement Action Plan REA Rural Electrification Authority RICS Royal Institute of Chartered Surveyors ROW Right of Way WB World Bank ZEMA Zambia Environmental Management Agency ix ZESCO LIMITED ESAP GLOSSARY OF TERMS Abbreviated Resettlement Action Plan (ARAP) - A public document which specifies the procedures and actions to be undertaken to mitigate adverse effects, compensate losses, and provide development benefits to project affected households. ARAP is recommended for less than 200 PAPs. Compensation—Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off date—Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Economic displacement—Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) resulting from the construction or operation of a project or its associated facilities. Involuntary resettlement—Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Physical displacement—Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location. Project-affected household—All members of a household, whether related or not, operating as a single economic unit, who are affected by a project. Project-affected person—Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Resettlement Action Plan (RAP)—The document in which a project proponent or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement assistance—Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. x ZESCO LIMITED ESAP Replacement cost—The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures. Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Vulnerable groups—People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. xi ZESCO LIMITED ESAP 1.0 INTRODUCTION 1.1 Project Background and Objectives The Government of Republic of Zambia (GRZ) requested for World Bank (WB) financing for the Electricity Services Access Project (ESAP). The objective of the project is to increase electricity access in targeted rural areas of Zambia. The project will comprise three components namely; on-grid electricity access expansion (Component A), off-grid electricity access expansion (Component B) and technical assistance (Component C). The Project is consistent with the long- term development objectives of the GRZ, as articulated in the Vision 2030 and the Seventh National Development Plan (7NDP). The overall Project coordination will be undertaken by the Ministry of Energy (MoE) through a Project Steering Committee (PSC) with the Rural Electrification Authority (REA) and ZESCO Limited as implementing agencies. It is envisaged that REA will serve as a Fund Manager for all the project funds while ZESCO will implement activities under Component A which will provide Output Based Aid (OBA) subsidies for consumer connections (Sub-Component A1) and finance network reinforcements and extensions for on-grid electrification (Sub-Component A2). Implementation of Component B, off-grid electricity access expansion is to be undertaken by REA, through a grant facility from the World Bank. Sub-component A.2: Extension and strengthening of the grid network to handle new connections The works under this sub-component will largely consist of construction of HT (33/11 kV) distribution lines, installation of distribution transformers, and construction of MV/LV distribution lines (400/230V) in selected rural areas of nine (9) provinces namely: Northern, North Western, Luapula, Muchinga, Copperbelt, Eastern, Western, Southern and Central provinces. Total distance for the proposed distribution lines to be constructed is 381.75km of MV lines, 96.62km of HT lines and installation of 241 transformers in all the nine (9) provinces. It is worth noting that the distances of the proposed HT lines will range approximately between 50 and 2000 meters. 1.2 Project Objective The overall objective of the ESAP is to increase electricity access in targeted rural areas across Zambia. 1.3 Project Justification Over the years, access to electricity in the rural areas has been low, therefore the objective of this Project is� to increase electricity access in targeted rural areas of Zambia.� Project 1 ZESCO LIMITED ESAP beneficiaries include households, businesses, community and public facilities, and farmers located in target rural areas of Zambia, who will benefit from electricity connections. 1.4 The Project Proponent ZESCO is the project proponent. It is a vertically integrated electricity parastatal registered under the Companies Act. ZESCO was established in 1970 and is 100% owned by the GRZ. The Company is mandated to Generate, Transmit and Distribute electricity throughout Zambia. ZESCO´s affairs are managed by the following Board of Directors: i. Mr. Chibwe D. Mwelwa – Board Chairperson ii. Mr. George Mpundu Kanji iii. Mr. Pythias Mulenga iv. Mr. David Chipasha v. Ms. Kavumbu Hakachima vi. Mr. Victor M. Mundende vii. Mr. McRobby Chiwale – Board Secretary The contact details for the proponent are as follows: Physical Address ZESCO Limited Stand No. 6949 Great East Road P.O. Box 33304 Tel: +260 211 361111 LUSAKA Contact Person Mr. Victor M Mundende Managing Director ZESCO Limited Fax: +260 211 222753 Email: vmmundende@zesco.co.zm Tel: +260 211 361111 1.5 Project Area The project area is located in Masaiti, Mpongwe, Lufwanyama and Kitwe Districts of the Copperbelt Province. Copperbelt Province is one of the ten (10) provinces of Zambia. The Province covers approximately 31,328km2 and is the second smallest in the country. It is bordered by Central Province in the south, North-Western in the west while in the north there is an international boundary between Zambia and the Democratic Republic of Congo. The administrative centre of the province is Ndola District. 2 ZESCO LIMITED ESAP 1.6 Rationale for preparation of Abbreviated Resettlement Action Plan The planned 33/11kV power lines have the wayleave clearance/ (ROW) of 22m width (11m on either sides from the centre). No settlements, trading facilities or trees are permitted within the wayleave. It is the desire of ZESCO that the planned works should not negatively affect the livelihoods of the people living near the line routes. Therefore, assets within the ROW that have to be demolished as a result of the proposed works should be compensated for accordingly at replacement costs in order to mitigate the negative impacts on the PAPs. This Abbreviated Resettlement Action Plan (ARAP) was prepared for ESAP sites in Copperbelt Province. The ARAP describes the policies, procedures and processes that will be followed throughout the Project in the course of mitigation of adverse social impacts due to project activities among the PAPs, with and without legal title, whose properties, businesses and other assets are likely to be affected by the construction works. The ARAP is prepared to guide land acquisition and resettlement for the construction of the power lines in accordance with the requirements of the World Bank (WB) Operational Policy 4.12 and the national legislation. According to OP 4.12, all projects that entail land acquisition or/and resettlement require a Resettlement Action Plan (RAP). 1.7 Objectives of the ARAP The main objective of the ARAP is to ensure that all the PAPs are exclusively engaged and adequately compensated for the loss they are going to incur as a result of the Project. 1.8 Scope of the ARAP This ARAP covers the following minimum elements: ✓ identification of project impacts and affected populations; ✓ legal framework for land acquisition, resettlement and compensation; ✓ compensation framework; ✓ description of resettlement assistance and restoration of livelihood activities; ✓ detailed budget; ✓ implementation schedule; ✓ description of organizational responsibilities; ✓ framework for public consultation, participation and development planning; ✓ description of provisions for redress of grievances; and ✓ framework for monitoring, evaluation and reporting. 1.9 Policy and Principles Where disturbance is unavoidable, there is need to minimize adverse effects on people and on the environment through judicious routing or siting of project facilities. The aim of the 3 ZESCO LIMITED ESAP involuntary resettlement policy is to ensure that people who are physically or economically displaced as a result of a project end up better - off than they were before the project was undertaken. Resettlement is involuntary when it occurs without the informed consent of the displaced persons or, if they give their consent, without having the power to refuse resettlement. Displacement may be either physical or economic. Physical displacement is the actual physical relocation of people resulting in a loss of shelter, productive assets or access to productive assets (such as land, water, and forests). Economic displacement results from an action that interrupts or eliminates people’s access to productive assets without physically relocating the people themselves. International Finance Corporation’s (IFC) policy applies in either situation. While land acquisition does not necessarily require the displacement of people occupying or using the land, it may have an effect on the living standards of people who depend on resources located in, on, or around that land. The involuntary resettlement policy applies under all conditions of potential physical or economic displacement resulting from the acquisition or use of land for a project regardless of the total number of people affected or the significance/severity of anticipated impact. Thus, resettlement activities should result in measurable improvements in the economic conditions and social well- being of affected people and communities. The preparation of this ARAP has adhered to a number of basic principles for addressing the adverse effects of involuntary resettlement associated with the proposed Project. These principles are: ✓ Involuntary resettlement should be avoided. ✓ Where involuntary resettlement is unavoidable, all people affected by it should be compensated fully and fairly for lost assets. ✓ Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly. ✓ All people affected by involuntary resettlement should be consulted and involved in resettlement planning to ensure that the mitigation of adverse effects as well as the benefits of resettlement are appropriate and sustainable. 1.10 Stakeholder Engagements During the preparation of the ARAP, stakeholders that were engaged included Officials at District level and the Traditional Authorities where the project will be implemented. The purpose of this engagement was to obtain relevant information pertaining to the area and in particular the project affected people. Detailed one – on - one discussions were held with each of the persons identified to be affected by the project. Questionnaires were used to collect relevant information from the affected persons. The PAPs were further engaged after the valuation process to disclose the compensation entitlements which they all consented. Refer to Appendix 5. 4 ZESCO LIMITED ESAP 2.0 POLICY AND LEGAL FRAMEWORK Zambia has several pieces of legislation that support restoration of livelihoods and resettlement of persons affected by project activities. 2.1 Legal Framework The principal policy on Resettlement is the National Resettlement Policy of 2015 which provides guidance on how to deal with issues relating to land acquisition, compensation and resettlement during implementation of projects. Other relevant legislation includes but not limited to; The Lands Acquisition Act, 1994 The Lands Acquisition Act was developed to make provision for the compulsory acquisition of land and other property. Section 12 (b) of The Lands Acquisition Act of 1994 provides that any person whose property is affected by a public project is entitled to compensation, and provides a mechanism by which people not satisfied with compensation may seek redress through the courts of law. The value of the compensation due is described as below: “The value of property shall, subject as hereinafter provided, be the amount which the property might be expected to realize if sold in the open market by a willing seller at the time of publication under section seven of the notice to yield up possession�. The basis for assessment of compensation includes: ✓ Enhancement of value of land by reason of proximity of any improvements or works made or constructed on part acquired; and ✓ Damage if any, sustained by the person having an estate or interest in land by reason of severance of such land. Other relevant provisions in the Land Acquisition Act are that: ✓ The President may compulsorily acquire any property of any description, whenever he is of the opinion that it is in the interests of the Republic so to do. This is done by way of notice of intention to acquire property. ✓ The Minister or any person claiming any interest in the property may institute proceedings in the Court for the determination of such dispute if there is any outstanding dispute relating to or in connection with the property. ✓ No compensation shall be payable in respect of undeveloped land or unutilized land. However, where the land acquired is unutilized land to which an absentee owner is beneficially entitled, compensation shall be payable in respect of the unexhausted improvements on unutilized land. 5 ZESCO LIMITED ESAP Undeveloped Land Land shall be deemed to be undeveloped if it is inadequately developed bearing in mind the reason only- a) that it has been fenced or hedged; or b) that it has been cleared, levelled or ploughed; or c) that it consists of a cleared or partially cleared site of some former development; or d) that it is being used, otherwise than as an ancillary to adjacent land which is not undeveloped or unutilized land, as a place of deposit for refuse or waste or as standing or parking places for vehicles: In the case of land in a rural area which is used for agricultural, pastoral or mixed agricultural and pastoral purposes, the land shall not be deemed to be undeveloped unless such land has not been used for cultivation or pasturage or mixed cultivation and pasturage, as the case may be, at any time during the period of two years immediately preceding the publication of the notice to yield up possession. Unutilised land Land shall be deemed to be unutilised- a) in the case of land in a rural area, if the land is not in accordance with good estate management; b) in the case of land in an urban area, if: i. it has been developed by erection of buildings, structures or works which have fallen into substantial disrepair or into disuse, and the land has been unoccupied, or occupied solely by persons employed as watchmen, for a continuous period of not less than three months preceding the publication of the notice to yield up possession; or ii. it is used at the time of the publication of such notice solely for cultivation or pasturage or both cultivation and pasturage; or iii. it is used at the time of the publication of such notice solely for habitation, in dwellings of their own construction or adapted from buildings formerly abandoned by persons holding at the will of a person having title to the land or by trespassers. Absentee owner a) in the case of an individual, a person who is not ordinarily resident in Zambia; b) in the case of a partnership, a co-ownership or a body corporate, one in which the effective control lies, directly or indirectly, in the hands of individuals who are not ordinarily resident in Zambia. Relevance The development of this project will entail the acquisition of land. Most of the parcels of land observed on the line routes are under customary tenure. However, there were a few isolated cases where the land has been converted to state ownership. The levels of improvements on the parcels of land varies from one area to another. 6 ZESCO LIMITED ESAP Compliance No land shall be acquired compulsorily without adequate compensation being given to the affected households. In so doing, ZESCO shall ensure that the same conditions or better are maintained even after land acquisition and compensation. Improvements made to the land and the existing land-use activities for the land to be acquired will be taken into account. The Urban and Regional Planning Act, 2015 This piece of legislation was developed, among other functions, to: ✓ Provide for a framework for administering and managing urban and regional planning; ✓ establish a democratic, accountable, transparent, participatory and inclusive process for urban and regional planning that allows for involvement of communities, private sector, interest groups and other stakeholders in the planning, implementation and operation of human settlement development; ensure functional efficiency and socioeconomic integration by providing for integration of activities, uses and facilities; ✓ establish procedures for integrated urban and regional planning in a devolved system of governance so as to ensure multi-sector cooperation, coordination and involvement of different levels of ministries, provincial administration, local authorities, traditional leaders and other stakeholders in urban and regional planning; and ✓ ensure sustainable urban and rural development by promoting environmental, social and economic sustainability in development initiatives and controls at all levels of urban and regional planning. Relevance The Act provides for the appointment of regional planning authorities, provincial planning authorities and local planning authorities whose main responsibilities are the preparation, approval of layout plans and revocation of development plans. The local authorities have role to play in the development and maintenance of wayleaves (clearance). The proposed project is expected to fit into the integrated development planning of the districts and the province. Compliance The project site plans for the HT lines, engineering designs and any modifications will need to be approved by the affected District Councils before construction can commence in accordance with the planning guidelines and framework set by the authorities. ZESCO will also recognize the jurisdiction of the Copperbelt Province planning authority and its specifications will be complied with. 7 ZESCO LIMITED ESAP The Lands Act (Cap 184) The Lands Act is the statute governing land administration in Zambia which vests all land in the Country in the President and alienation of land by the President. Relevance The Act gives Zambians an opportunity to participate in the country’s economy. The Minister responsible for lands has also issued Land Circular No. 1 of 1985. This Circular laid down detailed procedures to be followed on land alienation. The main features of the Circular are that: ✓ Chiefs and District Councils are restricted to recommend up to 250 hectares of land on title, per applicant, in Reserve or Trust Lands; and ✓ Chiefs and the District Councils are to certify that they had physically inspected the land in question and that no person’s rights or interests are affected. The Land Act does not comprehensively provide for compensation or resettlement. This is only partially covered in the Mines and Minerals Development Act, Land Survey Act and the Land Acquisition Act. Compliance In the acquisition of land, ZESCO will ensure that the established right channels, both traditional and civil, are adhered to. Where necessary, while determining the value for compensation, ZESCO will take into account the land tenure of the affected people, that is, whether the parcel of land is customary or state land. The Local Government Act, Cap 22 of 1991 The Act provides for the establishment of Councils in districts, the functions of local authorities and the local government system. Some of these functions relate to pollution control and protection of the environment in general. The main functions of the Public Health Department of the local authority are: ✓ Solid waste management ✓ Food control services ✓ Disease control Relevance The proposed power line project and the affected community are located within Masaiti, Mpongwe, Lufwanyama and Kitwe Districts and will have to be included in the district planning. 8 ZESCO LIMITED ESAP Compliance ZESCO will recognise the authority of the local authorities and will be expected to comply with the specifications and any relevant by laws set up by the affected local authority. The Land Survey Act – Cap 188 The Land Survey Act enacted in 1960 was aimed at providing guidelines to be followed when activities relating to land surveying were carried out. The Act among other things provides for the production of survey diagrams, plans, survey beacons and other survey marks. Relevance The land on which the power lines are to be constructed will need to be surveyed and properly marked. This mapping exercise will also help to identify PAPs and their assets. Compliance Qualified surveyors registered in Zambia will be used. Survey diagrams and plans will need to be provided identifying the land acquired by ZESCO and the structures affected by the project. The Environmental Management Act (EMA), No. 12 2011 The principal legislation governing environmental management in Zambia is the Environmental Management Act (EMA) of 2011. The Act provides for the sustainable management of natural resources and protection of the environment, and the prevention and control of pollution. Relevance Of particular relevance is section 29 of the Act which states that “A person shall not undertake any project that may have an effect on the environment without the written approval of the Agency, and except in accordance with any conditions imposed in that approval�. As defined in section 2 of the Act, “environment� means the natural or man-made surroundings at any place, comprising air, water, land, natural resources, animals, buildings and other constructions. Thus, any land parcels, structures or places where the community depend on for their livelihoods are covered in this definition. In relation to this project, some of the functions of ZEMA are to review the ARAP and undertake environmental auditing and monitoring. The act also provides for public participation in decision-making and access to environmental information. 9 ZESCO LIMITED ESAP Compliance Environmental and Social screening conducted for the project was cleared by ZEMA and Decision Letters issued. The associated ARAPs for each of the provinces have been prepared before the commencement of constructions works. The Environmental Impact Assessment (EIA) Regulations, SI 28 of 1997 The Environmental Impact Assessment (EIA) Regulations, Statutory Instrument 28 of 1997, demands that before a developer commences implementing a project, an EIA report be prepared and submitted to the relevant regulatory authority for review and approval. Regulation 3(2) specifically requires that a developer prepares and submits an EIA report for: (a) Any project set out in the First Schedule, whether or not the developer is part of a previously approved project; (b) Any alterations or extensions of any existing project which is set out in the First Schedule; or (c) Any project which is not specified in the First Schedule, but for which the Council determines a project brief should be prepared. Relevance A project of this nature requires that environmental issues relevant to the project construction and implementation are identified at an early stage and environmental management measures incorporated at the planning stage. The project proponent is required under Regulation 11(h) and (i) of the EIA regulations to assess the “the socio-economic impacts of the project such as resettlement of the affected people� before project implementation. In addition to the assessment, the proponent is expected to develop an “impact management plan containing a description of measures proposed for preventing, minimising or compensating for any adverse impact� of the project. Compliance This ARAP contains the existing socio-economic conditions of the PAPs. The ARAP has also identified the impacts to the affected persons and proposed measures for mitigating these socio- economic impacts. A compensation budget has been included Electricity Act No. 11 of 2019 The Act under section 29 (2) provides for prompt payment of fair and adequate compensation for any damage or loss suffered during the execution of works. It further provides, if parties fail 10 ZESCO LIMITED ESAP to agree on the amount for compensation, it shall be determined by a court of competent jurisdiction. Relevance During construction of works, the project is likely to impact people’s assets within the wayleave. Therefore, the Act provides guidance for fair, prompt and adequate compensation. Compliance The Project will provide for payment of compensations for the affected assets. Arbitration Act, No. 19 of 2000 This Act provides for arbitration in cases where the land owner/occupier does not agree with the amount of compensation being offered. Under section 12 (2) of the Act, the parties to arbitration are free to determine the procedure for appointing the arbitrator or arbitrators. Under section 12 (3) (b), if the parties are unable to agree on the arbitration, the arbitrator shall be appointed, upon request of a party, by an arbitral institution. Relevance During construction of works, the project is likely to impact people’s assets within the wayleave. Therefore, those affected will have to be compensated. Compliance In accordance with the Act, the PAPs to be compensated who may not agree with the amount of compensation being offered will be free to appeal to the Courts of Law. 2.2 Policy Framework Guidelines for the Compensation and Resettlement of Internally Displaced Persons These guidelines were developed by the Office of the Vice President to provide a mechanism for dealing with Internally Displaced Persons (IDPs). The guidelines identify rights and guarantees which are relevant to the protection of persons from internal displacements and their protection and assistance during displacements as well as during return, resettlement or re-integration. Further, the Guidelines provide developers/investors with relevant information on their obligations and matters that they need to take into consideration when formulating their projects in order to avoid unnecessary displacements. The Guidelines are consistent with international human rights and international humanitarian law. 11 ZESCO LIMITED ESAP In particular, Guideline 4 states that “Persons that are physically and economically displaced due to investment or development projects have the right to seek compensation from the developer or investor�. In addition, Guideline 7 recognises the rights of IDPs by stating the following: “Every human being in Zambia shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence.� 2.3 International Standards World Bank Resettlement Guidelines This ARAP is developed in accordance with the World Bank Policy OP 4.12 on Involuntary Resettlement as an effective and sustainable means of restoring the livelihoods of people affected by the implementation of the project. Where there are gaps between the Zambian legislative norms and the World Bank Policy in regard to compensation for land, the OP 4.12 will apply. In this regard, the OP 4.12 specifies that resettlement compensation and assistance be offered to all displaced persons regardless of the total number affected, the severity of impact, and whether or not they have legal title to the land. In particular, the OP 4.12 indicates that compensation should be made to the following three categories of affected population: • Those who have formal rights to land, including customary and traditional rights recognized under the local laws; • Those who do not have formal rights to land at the time the census began but have a claim to such lands or assets; and • Those who have no recognizable legal right or claim on land they are occupying. OP 4.12 aims to ensure that the following key principles of resettlement are in place: • The Project Affected Persons (PAPs) are offered choices including alternative resettlement options that are technically and economically feasible to them and are culturally appropriate. • When the impacts require physical relocation, the resettlement measures must include provision of assistance during relocation (moving allowance), residential housing or housing sites that are at least equivalent to the old site in terms of productive potential and locational advantages. • Preferences are given to land-based resettlement strategies of the displaced people whose livelihoods are land-based and are indigenous. Such strategies must be compatible with their cultural preferences and should be prepared in consultations with them. • The affected people should also be provided with development assistance for losses incurred. • Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, and children, the elderly, ethnic minorities, and indigenous peoples. 12 ZESCO LIMITED ESAP • Resettlement should include measures to ensure that the affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living. • Compensations must be made in cash or in-kind depending on the preferences made by the affected people. They should be made promptly, in form of a single payment and shall be at a market value agreed to between willing buyers and sellers, which shall be considered as full replacement cost for the lost assets. • Cash compensation for lost assets may be appropriate under the following circumstances: ✓ Where the livelihoods are land based, but the land acquired by the project is a small fraction of the affected asset and the residual is economically viable; ✓ Where there is a sufficient supply of land, housing and labour which can be used by the displaced person; and ✓ Where the livelihoods are not land based. • In regard to public consultation and disclosure, the OP 4.12 indicates that: ✓ The affected people should be identified and informed about their options and rights in regard to resettlement and should be given the opportunity to participate in planning, implementing, and monitoring of the resettlement activities. ✓ A census of the affected population and broad consultations in the affected communities should be undertaken in order not to only identify those to be affected, but also to discourage inflow of people not eligible for assistance. ✓ Participants in the consultations must include community leaders, Non- Governmental Organisation (NGOs), Community Based Organisations (CBOs) and other interest groups active in the project area. ✓ International Finance Corporation Guidelines The IFC Policy and Performance Standards on Social and Environmental Sustainability is an international benchmark for good practice. The general guidelines of the International Finance Corporation include the following: Physical or economic displacement must be avoided or minimised as far as possible, while balancing environmental, social and financial costs and benefits; • When displacement cannot be avoided, the client will offer compensation to displaced persons and communities for loss of assets at full replacement cost and other assistance to help them improve or at least restore their standards of living or livelihoods. Where livelihoods of displaced persons are land-based, or where land is collectively owned, the client will offer land based compensation, where feasible; • Following disclosure of all relevant information, the client will consult with and facilitate the informed participation of affected persons and communities, including host communities, in decision making processes related to resettlement. Consultation will 13 ZESCO LIMITED ESAP continue during the implementation, monitoring, and evaluation of compensation payment and resettlement to achieve outcomes; • The client will establish a grievance mechanism to receive and address specific concerns about compensation and relocation that are raised by displaced persons or members of host communities, including a recourse mechanism designed to resolve disputes in an impartial manner; • Where involuntary resettlement is unavoidable, the client will carry out a census with appropriate socio-economic baseline data to identify the persons who will be displaced by the project, to determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits. In the absence of host government procedures, the client will establish a cut-off date for eligibility. Information regarding the cut-off date will be well documented and disseminated throughout the project area; • The developer will establish procedures to offer affected persons and communities compensation and other assistance. The procedures will establish the entitlements of affected persons or communities and will ensure that these are provided in a transparent, consistent, and equitable manner. The implementation of the procedures will be considered complete when affected persons or communities have received compensation and other assistance. • Displaced persons may be classified as persons: (i) who have formal legal rights to the land they occupy; (ii) who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws; or (iii) who have no recognizable legal right or claim to the land they occupy. The census will establish the status of the displaced persons. • Where land acquisition for the project causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the client will meet the following requirements: − Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost; − In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of re-establishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery or other equipment; − Provide replacement property (e.g., agricultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable under the national laws; − Compensate economically displaced persons who are without legally recognizable claims to land for lost assets (such as crops, irrigation infrastructure and other improvements made to the land) other than land, at full replacement cost. The client is not required to compensate or assist opportunistic settlers who encroach on the project area after the cut-off date; − Provide additional targeted assistance (e.g. credit facilities, training, or job opportunities) and opportunities to improve or at least restore their income-earning 14 ZESCO LIMITED ESAP capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected; − Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living. 2.4 Gap Analysis – Zambian Legislation and World Bank Safeguard Policies The main gaps between the national legal framework in the Republic of Zambia and World Bank Safeguard Policies are described below. A Gap Analysis is presented in Table 1 below. Table 1 Differences between Zambian law/regulation and WB policy Zambian Legislation WB Involuntary Conclusion on Gap Action to Address Resettlement Policy the Gap Entitlement Zambian law does not a) those who In general the The WB involuntary recognize persons who have formal provisions of the policy will be used do not have formal legal rights to Zambian legislation and legal title land (including WB’s OP 4.12 are the customary and same, except provision traditional on persons lacking the rights formal legal right over recognized the property. under the laws of the country); b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan c) those who have no recognizable legal right or claim to the land they are occupying. Entitlement Compensation under Compensation levels The difference between Compensation will be the Land Acquisition should be sufficient to OP 4.12 practice and at replacement value. replace the lost land national legislation is 15 ZESCO LIMITED ESAP Zambian Legislation WB Involuntary Conclusion on Gap Action to Address Resettlement Policy the Gap Act law is determined and other assets at full that OP 4.12 gives in accordance replacement cost in beneficiary to the PAP with the prevailing local markets. by means of market price after improvement of quality taking into account the of life or restoration to value of land, a previous condition. cost of structures (residential and business) & installations, crops, forest land and timber, also it covers compensation for transaction costs. Comprehensive resettlement planning There is no Under the World Bank’s Streamlining the World Bank policy will requirement under the OP 4.12 compensation process be used. Zambian law for the Comprehensive to ensure that preparation of a resettlement planning approvals are comprehensive formal is a requirement and consistent with those resettlement also provides guidance required by the World compensation and on how to undertake Bank for timely project action plan (RCAP) resettlement planning . approval and including carrying out a implementation. census, social economic survey, consultations with project affected people, monitoring, reporting, etc. The Town and Country Planning legislation which deals with issues of human settlements and development in Zambia does not refer to involuntary settlement but only to the removal of squatters on state lands needed for urban expansion and development. Resettlement Assistance The current Zambian World Bank’s OP 4.12 The difference between World Bank policy will law provides for the provides for assistance OP 4.12 practice and be used. payment of to affected people national legislation is compensation at regardless of the that OP 4.12 gives the market value for losses legality of land tenure. PAP some form of of land, buildings, This covers not only assistance beyond the crops and other physical relocation but value of the affected damages arising from any loss of land or assets. 16 ZESCO LIMITED ESAP Zambian Legislation WB Involuntary Conclusion on Gap Action to Address Resettlement Policy the Gap the acquisition of land other assets resulting for project activities. in relocation or loss of Under the Zambian shelter; loss of assets law, moving costs or or access to assets; rehabilitation support loss of income source to restore previous or means of livelihood levels of livelihoods or whether or not the living standard are not affected people must recognized, and there move to another is no government location. agency charged with that responsibility. Property measurement Under the Zambian World Bank Safeguard The difference between World Bank policy will law, compensation is resettlement policy OP 4.12 practice and be used. equal to the market compensation for lost national legislation is value of the property properties will be that OP 4.12 gives the without reference to calculated on the basis PAP compensation depreciation. of full replacement cost amount which enables i.e. equal to what replacement whereas enables the PAP to the Zambian law just restore their livelihoods looks at the market at the level prior to value which may project disadvantage the PAP implementation. in case of devaluation. Income restoration The current Zambian World Bank’s OP 4.12 Streamlining the World Bank policy will law does not recognize resettlement policy income restoration to be used. compensation for lost provision which ensure that PAPs are income requires that lost not left out worse than income due to project they were before the activity should be project. compensated. It should be noted that where the National legislation conflicts with World Bank, Environmental and Social Safeguard Policies the World Bank policies shall supersede. 2.5 Best Practice Perspective ZESCO is committed to meeting international standards for the planning and implementation of resettlement projects. A set of key principles have been adopted by ZESCO as guiding principles for this project. The fundamental principle is the improvement of standards of living and securing tenure where affected persons are displaced from their land. Furthermore, leading international practice prefers compensation in kind over financial compensation (especially for land-based livelihoods) 17 ZESCO LIMITED ESAP to avoid impoverishment. Cash is only acceptable as compensation for land or housing where there is an active land and housing market and affected persons have participated in this market. Finally, international best practice promotes participatory planning in determining entitlements and compensation rates and to consider options during the resettlement planning. 18 ZESCO LIMITED ESAP 3.0 APPROACH AND METHODOLOGY 3.1 General Approach In order to adequately collect information pertaining to the project area, dominantly quantitative methods were used. These methodologies included: ✓ Inventory and identification of affected assets ✓ Census survey of PAPs ✓ Valuation of assets (real estate, other affected property and crops/fruit trees) ✓ Data check and analysis of gathered data. 3.2 Methodology The following activities formed the methodology that was used to prepare the ARAP: 3.2.1 Inventory and identification of affected assets The identification of affected parcels of land was determined based on the standard wayleave guidelines. The 33/11kV power lines are planned to have a right-of-way (ROW) of 22m width (11m on either sides). A detailed survey of all losses that will result from the project for each household, enterprise, or community affected by the project was undertaken using a questionnaire (see appendix 1). The survey took into account of land acquisition and loss of physical assets as well as loss of income - temporary or permanent - resulting from displacement of household members from employment or income-generating resources (for instance, roadside traders). Inventories of assets were compiled, and PAPs countersigned the consent forms to minimize the possibility of subsequent claims or disputes regarding claims. 3.2.2 Census survey of affected PAPs The inventory of affected assets was carried out alongside with the census of PAPs by the project and included the following: 3.2.2.1 Enumeration and Registration Census and registration included the size, distribution, and socio-economic diversity of the affected population, regardless of their legal status. Vulnerable groups living in the project area, such as households headed by women or children, people with disabilities, the extremely poor, the elderly, and groups that suffer social and economic discrimination were identified. 19 ZESCO LIMITED ESAP 3.2.2.2 Identification of Affected Land Users Much of the affected land in the project area is under customary ownership and therefore information about the ownership of the parcels of land was determined by on-site assessment and interviews and verified through traditional leadership. Findings, both from site visits and interviews of the local population, showed that there are no agriculture and roadside trading activities that will be affected by the project. 3.2.2.3 Beneficiary Capping The completion of the census represented a cut-off date on eligibility for compensation. The cut-off date is the date of completion of the census and assets inventory for the PAPs. The inventory of fruit trees and structures was completed on 30 August 2020. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, any developments established after the date of completion of the assets inventory, will NOT be compensated. The questionnaires used for capturing of data included this cut-of-date which was explained to the affected persons. The measures on beneficiary capping were carried out based on an assumption that there will be no significant time lag between the completion of the census and implementation of the ARAP. 3.2.3 Data Analysis The data gathered from both land and crops value assessment were merged and compared. It was necessary to determine whether some land owners who would lose major part of parcels actually possess other land elsewhere, or they just rely on the land that is to be acquired for the purpose of the project. This approach helped in the determination of initial vulnerability of the land owners. Household data was disaggregated to identify economic streams within communities (the poorest and most vulnerable households, household’s dependent on remittances, etc.) and to identify appropriate assistance as well as development strategies for the PAPs. Socio-economic studies also yielded important information on the ways in which affected communities are organized and function. These studies helped to identify informal social support networks that were important for the survival of the community, particularly more vulnerable members of the community such as households headed by women, the impoverished, and groups that are socially and economically disadvantaged. 20 ZESCO LIMITED ESAP 4.0 SOCIO-ECONOMIC BASELINE ASSESSMENT 4.1 Regional Overview 4.1.1 Administrative Structures This section outlines the administrative arrangement under which the project falls. The two broad administrative structures are government and traditional authorities. 4.1.1.1 District Government Administratively, the province has 10 districts namely; Ndola (Provincial Headquarters), Kitwe, Mufulira, Chingola, Chililabombwe, Kalulushi, Luanshya and 3 rural districts, Lufwanyama, Mpongwe and Masaiti. The proposed project will be implemented in Masaiti, Mpongwe, Lufwanyama and Kitwe Districts. The administration of the district is vested in the Office of the District Commissioner, established by the Government in 1999 as part of the decentralization process. The office coordinates the functions of all developmental agencies in a local district as well as harmonizing the functions of Central Government and those of the Local Government. All development agencies working in the district are members of the District Development Coordinating Committee (DDCC) which is chaired by the District Commissioner. The Local Authority is a semi-autonomous institution operating as an agent of Central Government. The Local Authority provides a forum for local representation of the public by electing Councillors as local representatives. The Local Authority is responsible to the Ministry of Local Government (MLG). The Local Authority has statutory powers to make by-laws and regulations. According to the provisions under the Local Government Act No. 22 of 1991, MLG can amend or revoke by-laws issued by the Council and make regulations that the Council has to conform to, through circulars and statutory instruments. 4.1.1.2 Traditional Authority The highest traditional authority is the Chief who is responsible for a defined geographical area in a district. Each area is further subdivided into sub-chiefs or village headmen who act as representatives of the Chief in their respective areas. The area under a sub-chief or village headman is further divided into small areas managed by group leaders. Each group leader has a system of community section heads who report to them and then to the sub-chief or village headman and finally to the Chief regarding developmental activities in the village. Further, a group of households has a community-based committee leader who reports to the community section head to keep them informed about developments in the 21 ZESCO LIMITED ESAP village. Finally, each household has a head who is responsible for the overall wellbeing of its family members. 4.2 Socio-economic conditions in the area According to the Census of Population and Housing Report (Central Statistics Office, 2010), Copperbelt Province had a population of 1,972,317, accounting for 15.21% of the total Zambian population. Of this population, 80.9% live in urban areas, while 19.1% live in rural areas; with 981,887 males and 990,430 females. Further, the province had a population density of 63.0 persons per square kilometre with an average annual population growth rate of 2.2 percent in the 2000 – 2010 inter-censual periods. 4.2.1 Community Profile and Demography According to the 2010 Census of Population and Housing Copperbelt Province had a total population of 1,972,317 people (CSO, 2010). The constituency and ward demographic profile of the districts included under ESAP is illustrated in table 2 below. Table 2: Demographic profile of the targeted districts District Population Growth rate (2000 – 2010) Total Male Female Masaiti 103,857 52,017 (50.1%) 51,840 (49.9%) 0.8 Mpongwe 93,380 46,785 (50.1%) 46,495 (49.9%) 3.8 Lufwanyama 78,503 39,182 (50.1%) 39,321 (49.9%) 2.2 Kitwe 517,543 256,740 (49.6%) 260,803 (50.4%) 3.2 Table 3: Demographic profile of affected communities by Constituency and Ward District Constituency Site Ward Households Population Total Male Female Masaiti Masaiti Masaiti Shimibanga 1,489 3,145 3,321 6,466 Chilulu 714 1,753 1,786 3,539 Mpongwe Mpongwe Bwembelelo Mpongwe 2,218 10,84 5,340 5,508 Buni 8 Kakombela Kashinka Mwanga Chipese Katantamwe Kashiba 1,819 10,30 5,148 5,152 Musangashi 0 Mafoko Munkumpu 1,711 8,141 4,158 3,983 Lufwanyam Lufwanyama Kapilamwika Lufwanyama 648 5,594 2,709 2,885 a Katembula Kasanta 1,341 3,183 1,553 1,633 Kafubu Depot Chati 1,631 8,325 4,299 4,026 Kitwe Wusakile Kakolo Limaposa 453 2,151 1,063 1,088 22 ZESCO LIMITED ESAP 4.2.2 Culture and Ethnic groupings Copperbelt Province has a number of tribal groupings speaking different languages with Lamba and Bemba being the most predominant. Each of the tribes in the province has its own traditional leadership headed by a Chief and assisted by sub-chiefs or village headmen. Some of the Chiefs in the province include; Mushilli, Chiwala, Shibukunami, Lesa, Ndubeni, and Mwinuna. Some of the traditional ceremonies in the province are Chabalankata, Ukwilimuna and Nsengele Kununka which are all celebrated by the Lamba speaking people 4.2.3 Land Use and Settlement The land use closer to the district centres is characterised with settlements and trading activities with isolated portions of crop fields. However, away from the townships, the land use activities mainly include uncultivated parcels of land overgrown with vegetation and interspersed with agricultural activities. Therefore, subsistence farming is the major land use in the rural parts of the districts. Other land uses include business facilities, public institutions such as schools, health facilities and churches. Most of the settlements in the rural parts of the districts are clustered together while a few are along the main roads. Urban areas within the districts are planned and zoned into residential, commercial and office areas. 4.2.4 Typical housing types Institutional and some personal houses near district centres are mostly built using concrete blocks, plastered, painted and roofed with either asbestos or iron sheets whilst other personal houses are built with baked bricks and roofed with iron sheets or grass thatched. In rural areas, the majority of the houses are built of mud-bricks with grass thatched roofs. Occasionally, the houses are built using burnt bricks and corrugated iron sheets. 4.2.5 Water Supply and Sanitation In Masaiti and Kitwe districts, most residents have access to clean and safe piped water supplied by Kafubu and Nkana Water and Sanitation Companies. Further, the Mining Municipal Service provides water and sewerage services to areas under the jurisdiction of the Konkola Copper Mine and former ZCCM mine townships. The two (2) districts have developed sewerage systems operated by the utility companies. However, Mpongwe and Lufwanyama districts currently have no public sanitation utilities but the local councils provide piped water to a few residents in the district centre. Outside of the townships, along the project areas, the sources of water include streams, boreholes and shallow wells. Most residents in these areas use pit latrines as there are no developed sewerage systems. 23 ZESCO LIMITED ESAP 4.2.6 Local Economy Agriculture and trade are key to the economy of Masaiti District. The District has a large base of natural resources with potential for commercial industrial development. On the other hand, Mpongwe District is the grain basket of the Copperbelt Province. It houses a number of commercial farms which provide one of the main sources of employment. Farming and fishing done along the Kafue River, Luswishi River and Lukanga Swamps also provide the main source of income for the local people. Furthermore, Lufwanyama District is considered to be largely undeveloped economically, relying mainly on mining of emeralds and copper, timber production and agriculture. The District has fertile soils which support farming activities for majority of the local people. Kitwe is one of the most developed commercial and industrial areas in the province. The district has a complex of mines located in the north-western and western parts, making mining activities a major economic mainstay for the district. Trade and agriculture are also key to the economy of the district. 4.2.6.1 Agriculture Agriculture is one of the main economic activities in Masaiti, Lufwanyama, Mpongwe and Kitwe districts which is practiced at both commercial and subsistence levels. The crops grown include maize, groundnuts, cassava, sweet potatoes, wheat, soya beans, sorghum, millet and vegetables among others. Livestock farming is also practiced in the districts. 4.2.6.2 Tourism Central Province has enormous potential for investment in the tourism sector. In Chisamba District, Momboshi Dam offers opportunities in water-based recreation such as speedboat cruises and sports fishing. The main tourist attractions in Mumbwa District are the Kafue and Blue Lagoon National Parks which are renowned for their rare wildlife and bird species and sanctuaries. Other notable tourist attractions include the Mumbwa Caves, which depict life in the Stone Age and Chipushi Hot Springs. Itezhi-tezhi District is located right in the heart of the Kafue National Park with abundant natural resources, which include wildlife, forest reserves, birds and heritage sites. Tourist attractions in the district include Loongola Hot Springs that has one of the hottest temperatures, Mabiya Hot Springs, Itezhi-tezhi lake, the Kafue National Park and Game Management Areas. Other tourist attractions include heritage sites such as Nakalomwe hills, old Nkala Mission, ancient caves and tunnels. Masaiti District has a natural sunken lake called Chilengwa located within a radius of 16 kilometers from the central business district and the Simon Mwansa Kapwepwe International Airport in Ndola District which is a tourist attraction. Similary, Mpongwe District has a large natural sunken lake known as Lake Kashiba which is popular for boating and fishing. 24 ZESCO LIMITED ESAP Through Kitwe District is underdeveloped as a tourist town due to the focus on mining and industry, it has a beautiful scenery and Mindolo Dam, about 7km to the southwest of the city centre along Kalulushi road. The dam offers opportunities for water based recreation due to the presence of the boating club, swimming pool and bar. Mwekera falls and lake located about 9 km off the Kitwe-Ndola dual carriage way is a centre for fish farming. The falls are small but quite picturesque as they tumble from a small river over a wider rocky outcrop before settling in a shimmering pool on a rock basement. Furthermore, additional tourist attractions among others include the Chembe bird sanctuary located 30kms from Kitwe District is a home to 300 of the 750 rare native species of Zambia. 4.2.6.3 Manufacturing Industry Agriculture is one of the major sectors in the targeted districts therefore, there is potential for investment in industries associated with agro equipment, processing and services. Most of the produce from agriculture are traded in their raw form presenting an opportunity for value addition options in horticulture and floriculture products, tobacco, cotton and livestock products among others. In addition, the manufacturing sector in districts such as Kitwe is largely driven by the fabricated metal products, basic metal products, wood and wood products and agro processing. 4.2.6.4 Mining Masaiti District is richly endowed with the largest limestone deposits in the country. Two major companies, Dangote and Lafarge are currently operating in the district as investors in cement production. Lufwanyama District has gold and emerald deposits among others and has attracted well established companies such as Kagem, Grizzly and Mitondo which carry out mining activities in the district. Kitwe District hosts a number of local small scale mining companies and seven (7) foreign mining corporations. It is home to Mopani Copper Mine’s Nkana Cobalt Plant, one of Africa’s largest mines. The District has rich copper, cobalt and emerald deposits among other minerals. Investments in mineral exploration may need to be intensified to ascertain the mineral volumes in the province especially in the rural districts. The availability of limestone also provides an opportunity for quarry development to supply aggregate for the booming construction industry in the country and cement production. 4.2.6.5 Energy ZESCO is a major electricity provider in the province. The Province has great potential for development of the energy sector through establishment of solar plants. 25 ZESCO LIMITED ESAP The socio-economic survey revealed that most people in the area who are not on the electricity grid use either firewood or charcoal for cooking while candles, lamps and solar panels are used for lighting. 4.2.6.6 Infrastructure Development Copperbelt Province has fairly developed infrastructure and still has potential for more infrastructure development. District Councils have opened up land aimed at expanding the residential and commercial developments. Investments in infrastructure through a Public Private Partnership model would help in opening up the province and position it to fully realize its potential in tourism, mining, agriculture and agro-Processing and manufacturing industries. 4.3 Profile of project affected persons The purpose of the socio-economic survey was to identify the affected persons, collect baseline socio-economic data for future monitoring purposes, and collect details about the assets that will be lost due to the project. There are forty (40) PAPs that were identified and interviewed. Since the project would affect the PAPs in relation to their fruit trees and auxiliary structures, the socio-economic profile was developed based on the interviews conducted on their residential premises. 4.3.1 Summary of Affected PAPs Project Affected Person (PAP) includes any person, households, entity, organizations, firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land, water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, permanently or temporarily, with or without displacement. The PAPs were identified taking into account a ROW of 22m width (11m on either side). During the detailed socio-economic survey that was conducted, any development within the 22m span of the 33/11kV power line was deemed to be affected by the project. The socio-economic baseline for the PAPs is based on the census and asset survey that was conducted in August 2020. According to the census and asset survey, a total of forty (40) PAPs comprising twelve (12) males and twenty-eight (28) females will be affected by the proposed power line construction works in Copperbelt Province. Table 5 below shows PAPs segregated according to gender and age. Out of the forty (40) PAPs, thirty (32) have fruit trees affected only, one (1) only has a tree of economic value affected, one (1) only has a structure affected and six (6) have both structures and fruit trees affected as shown in the summary of PAPs in 26 ZESCO LIMITED ESAP Table 4 below. The structures affected consist of grain storerooms/storages, kitchen and bath shelters. Furthermore, a total of 247 members that belong to Project Affected Households were captured during the administering of survey questionnaires to the PAPs. Project Affected Households (PAHs) refers to all members of a household, whether related or not, operating as a single economic unit who are affected by a project. It is worth noting that no dwelling structures will be affected apart from nine (9) auxiliary structures as captured in the valuation report in Appendix 5. Table 4: Summary of PAPs Affected Quantity Total number of PAPs with fruit trees only 32 Total number of PAPs with trees of economic value only 01 Total number of PAPs with built structures only 01 Number of PAPs with both fruit trees and built structures 06 Overall total number of affected persons 40 Table 5: Summary of PAPs by Gender and Age DISTRICT GENDER AGE MALE FEMALE Masaiti 1 16 - 30 2 9 31 - 45 4 10 >45 Total 6 20 Mpongwe 2 16 - 30 1 2 31 - 45 2 5 >45 Total 5 7 Lufwanyama 16 - 30 31 - 45 1 1 >45 Total 1 1 Grand Total 12 28 4.3.2 Households affected by loss of dwelling structures There are no dwelling structures that will be affected by the project. 4.3.3 Vulnerable PAPs Vulnerable groups are people who by virtue of gender, ethnicity, age, physical or mental disability, chronic illness, economic disadvantage, or social status may be more adversely affected by the project. Vulnerability by gender refers to female PAPs who meet the following criteria, 65 years of age and above, single head of household with dependents and having any form of disability. 27 ZESCO LIMITED ESAP Based on the age, disability and gender criteria for vulnerability, a total of four (4) PAPs will be affected. (Refer to table 6). Table 6:Summary of Vulnerable PAPs GENDER AGE RANGE COMMENT District AREA MALE FEMALE Masaiti Masaiti 2 > 75 Single Elderly 1 > 75 Elderly/ Kashinka Disabled 1 > 75 Elderly/ Mpongwe Kashinka Partially Disabled 4.3.4 Employment and Livelihoods All the districts in which the project will be implemented can be categorized as agriculture/rural districts except Kitwe. However, the project area in Kitwe is a rural community located in the outskirts of the district. The major land use within the project areas is agriculture, which is focussed on small scale farming. Therefore, the majority of the people are engaged in farming and sale of agricultural products which is a source of livelihood. 4.3.5 Details of affected fruit trees/properties This section presents the category of properties affected which include auxiliary structures and fruit trees. It also includes details of the PAP such as name, National Registration Card (NRC) numbers where available, type of asset affected and compensation amounts broken down per district in Table 7 below. Refer to Appendix 5 for details of affected properties. Table 7: List of PAPs and type of affected fruit trees/structures in the Province N Name DISTRICT NRC Village Cell Affected Q Amount(K) o number Crops/Fruit TY List of PAPS with affected fruit trees 1. Ruth Masaiti 192451/62/1 Shikonde 0963935386 Mango 1 1,680.00 Nalwimba 2 Regina Kalikiti Masaiti 100485/68/1 Shikonde 0966128495 Mango 2 3,360.00 3 Falesi Masaiti 200303/42/1 Chalwe 0965833246 Mango 1 1,680.00 Chisenga 4 Dorothy Masaiti 212239/42/1 Shikonde 0762907054 Mango 5 8,400.00 Nachalwe 5 Monica Masaiti 106986/67/1 Shikonde 0961327515 Mango 4 6,720.00 Miyanda 6 Mangalita Masaiti 163472/68/1 Shikonde 07641010363 Mango 3 5,040.00 Mukupa 6 7 Margret Masaiti 143757/11/1 Shikonde 0764103636 Mango 10 16,800.00 Mulonda 8 Ruth Kankuta Masaiti 220962/62/1 Musongo 0966361036 Mango 5 8,400.00 9 Seedwell Masaiti 202372/62/1 Musongo 0963290332 Mango 5 8,400.00 Liyempe 28 ZESCO LIMITED ESAP 10 Benson Masaiti 110276/64/1 Musongo 0966143841 Mango 2 3,360.00 Kankuta 11 Softer Masaiti Mabando Mango 1 1,680.00 Mabando 12 Memory Masaiti 288351/62/1 Mutoya 0968328887 Mango 1 1,680.00 Shikonde 13 Elias Mweni Masaiti 288287 Mutoya 0961804668 Mango 1 1,680.00 14 Memory Masaiti 262789/62/1 Mushimata 0966209420 Mango 2 3,360.00 Jalabani 15 Elizabth Masaiti 171938/62/1 Mushimata 0966209420 Mango 2 3,360.00 Mumba 16 Anita Katanga Masaiti 288024/62/1 Mushimata 0960469052 Mango 2 3,360.00 17 Catherine Masaiti 201995/61/1 Mushimata 0979278039 Mango 1 1,680.00 Mutumana 18 Meron Masaiti Matambula 0964009402 Mango 1 1,680.00 Mwinuna 19 Violet Masaiti 130603/62/1 Shilimbile 0968470096 Mango 4 6,720.00 Shilimbile 20 Margaret Masaiti 279594/67/1 Shilimbile 0761829588 Mango 1 1,680.00 Muwaya 21 Davies Masaiti 110107/62/1 Shilimbile Mango 6 10,080.00 Shilimbile 22 Chuty Maliya Masaiti 106440/62/1 Shilimbe 0963382724 Mango 2 3,360.00 23 Fidelis Masaiti 144762/66/1 Kanchula 0760792794 Mango 4 6,720.00 Musabila 24 Abinali Sipila Masaiti 121143/62/1 Chishiba 0978069802 Mango 4 6,720.00 25 Asa Chnenga Masaiti 304737/62/1 Lundwe 0764858413 Mango 1 1,680.00. 26 Weckson Lufwanyam 121460/25/1 Chasangak 0760287812 Mango 1 1,600.00 Chasanga a apilamikwa 27 Naomi Nata Lufwanyam 135359/62/1 Popolo- Mango 2 3,200.00 a Katuba 28 Astridah Mpongwe 192463/62/1 Musangashi 0964700908 Gmelina 1 1,654.26 Sinjani Arboca 29 Giant Sauti Mpongwe 139938/69/1 Musangashi 0762051207 Mulberry 1 3,000.00 30 Beauty Mpongwe 127562/62/1 Kakombela 0763959329 Mango 1 3,000.00 Kazembe 31 Georgina Mpongwe 199860/62/1 Kakombela 0960169902 Guava 2 6,000.00 Chibeka 32 Adam Banda Mpongwe 117454/68/1 Kakombela 0969708490 Mango 1 3,000.00 33 Philimon Mpongwe 107842/62/1 Buni 0966379422 Mango 1 3,000.00 Chimamba 34 Agness Natani Mpongwe 129736/44/1 Kashinka 0975260909 Mango 1 3,000.00 35 Rosa Mpongwe 192465/62/1 Kashinka Mango 2 6,000.00 Mafabula 36 Memory Mpongwe Kashinka Mango 1 3,000.00 Munyemesha 37 Kenneth Mpongwe Mwanga Mango 2 6,000.00 Mwansa 38 Semu Mpongwe 207716/62/1 Bwembelel 0763153066 Mango 2 6,000.00 Chilemesha o 39 Lenny Kashinka 0965503878 Mango 6 24,000.00 Mpongwe 124095/68/1 Chibeluka Pawpaw 1 29 ZESCO LIMITED ESAP Avocado 1 Total 191,734.26 List of PAPS with affected structures 40 Tinte Elindy Masaiti 181004/62/1 Shikonde Thatched 1 2,000.00 bathroom * Regina Kalikiti Masaiti 100485/68/1 Shikonde 0966128495 Thatched 1 5,812.00 kitchen Thatched bathroom 1 * Dorothy Masaiti 212239/42/1 Shikonde 0762907054 Thatched 1 14,250.00 Nachalwe kitchen * Memory Masaiti 288351/62/1 Mutoya 0968328887 Thatched 1 800.00 Shikonde bathroom * Elias Mweni Masaiti 288287 Mutoya 0961804668 Grain 2 2,500.00 storages * Violet Masaiti 130603/62/1 Shilimbile 0968470096 Thatched 1 1,880.00 Shilimbile bathroom * Davies Masaiti 110107/62/1 Shilimbile Grain store 1 2,400.00 Shilimbile room Total 29,642.00 Grand Total 221,376.2 6 * Indicating PAPs with both fruit trees and structures 30 ZESCO LIMITED ESAP 5.0 ENTITLEMENT FRAMEWORK An assessment of the affected physical assets and fruit trees was carried out at project site to identify individuals whose properties or livelihoods would be directly affected by the project activities. Valuations were conducted to determine the value of the affected fruit trees and physical structures and fruit trees for compensation. Based on these assessments, negotiations about entitlements for both the structures and fruit trees were carried out with the PAPs in the presence of witnesses. The following sections describe the basis for determining eligibility for entitlements related to the loss of assets and other assistance that may be required during the resettlement process, a summary of impacts that require mitigation and a description of individual entitlements that will be negotiated with the PAPs in the presence of witnesses. 5.1 Compensation Eligibility Eligibility establishes the basis for entitlement to compensation for a PAP. Based on IFC Performance Standard PS5, eligibility is established through the declaration of a cut-off date which also takes into account detailed inventory of all affected assets. Any assets or improvements made after the cut-off are not eligible for consideration of entitlements. The cut-off date and its implications on the compensation implementation process were explained to the PAPs. In light of this, the PAPs were encouraged to be present during the valuation of their fruit trees or asset survey in order to confirm ownership. The community leaders (headmen) gave their full support to the procedure and were present mostly or sent a delegation with the survey team to witness the process. 5.2 Project Impacts The identified impacts are summarised in the table 8 below: Table 8: Summary of Project Impacts Impact Total Number Business structures to be affected 0 Fruit trees 96 Trees of Economic value 01 Bath shelter 04 Kitchen shelter 02 Grain storeroom/storage 03 5.2.1 Loss of crops and fruit trees Measures have been proposed to avoid the loss of crops if any during construction period although no farmland was found to be affected during the socio-economic survey. However, in 31 ZESCO LIMITED ESAP case some PAPs decide to cultivate in the areas earmarked for the project activities, construction works will only be carried out after the harvest of the crops. The project will affect a number of fruit trees and one tree of economic value in the ROW. The loss of these trees as a result of the wayleave was determined by taking into account the ROW of 22m (11m either sides) of the proposed power lines. Therefore, any structure or fruit tree/tree of economic value which was found in the ROW was deemed to be affected and will be relocated or cut down to pave way for construction works. This measure will have an impact on the livelihoods of the PAPs as some depend on the sale of fruits more so in Masaiti District. The affected trees comprise mango, mulberry and guava trees with the majority of these being mango trees. Refer to the valuation report in Appendix 5 for more details. 5.2.2 Loss of built structures The survey revealed that nine auxiliary structures which include grain storages, kitchen and bath shelters will be affected by project activities. The PAPs will be given a grace period of two (2) months in which to relocate the affected structures after the payment of their compensation 5.2.3 Loss of revenue/income The loss of revenue/income arises from the relocation of roadside shops or other trading places such as market stalls. It also arises from loss of business during the days when the construction works are carried out. The latter impact affects shops that are not within the power line route but are at the edge of the wayleave. However, the survey revealed that there will be no loss of revenue/income due to project activities in the Copperbelt Province. 5.2.4 Loss of dwelling places No dwelling structure will be affected by the project. 5.3 Compensation calculation methods The general principle adopted in the formulation of compensation values is that lost income and assets will be valued at their full replacement cost such that the project affected populations should experience no net loss. This is in accordance with the World Bank Operational Policy on involuntary resettlement, OP 4.12. Valuations for compulsory acquisition and compensation in Zambia are prepared in harmony with the Land Acquisition Act, Chapter 196 of the Laws of Zambia. Under Section 12(b) of the said legislation, the value of the property should be, “the amount the property might be expected to realize if sold on the open market at the time of publication of the notice to yield up possession.� 32 ZESCO LIMITED ESAP In this regard, Replacement Cost is defined as “The aggregate amount of the value of the land for the existing use or a notional replacement site in the same locality, and the gross replacement cost of the buildings and other site works�. The Market Value is defined in the Royal Institute of Chartered Surveyors (RICS) Appraisal Valuation Manual of 1995 as the “best price at which the sale of an interest in property would have been completed unconditionally for cash consideration on the date of valuation assuming a willing seller�. The basic principle of the Law of compensation is that the sum awarded should as far as practicable place the claimant in the same financial position as they would have been, had there been no question of their land/property being compulsorily acquired. This means that the claimant should be no better off and no worse off than they were before the acquisition. The amount of disturbance payment shall be equal to the reasonable expenses of the person entitled to the payment in removing them from the land from which they are displaced; and if they were carrying on a trade or business on the land, the loss they will incur by reason of the disturbance of that trade or business consequent upon their having to quit the land. Disturbance allowance has a social dimension not adequately executed in the valuation as it is assumed that the affected persons will retain their occupational sources of income. 5.4 Entitlements The International Resettlement Guidelines require compensation for lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihoods. Thus, in this project, the absence of formal title will not constitute a barrier to compensation. Further, the principles adopted herein contain special measures and assistance for vulnerable persons, such as female-headed households, physically challenged persons, and the destitute. Persons affected by land acquisition are entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact that will help to restore livelihoods to pre-project standards at a minimum. Table 9 provides a detailed description of the standard entitlements for each type of loss that requires compensation and mitigation. Table 9: Entitlement Matrix Type of Loss Category of Affected People Entitlement 1. Loss of land Landowners with legitimate • Financial compensation for lost land at full interests in the wayleave in the replacement value2: following categories: − Where affected land is smaller than 1.25ha or 2 Land Acquisition Act: value of the property shall be the amount which the property might be expected to realize if sold in the open market by a willing seller. 33 ZESCO LIMITED ESAP Type of Loss Category of Affected People Entitlement 1. Traditional land tenure − Where the affected portion is less than 20% administered by the Chief of the land 2. Privately purchased land in • Full replacement of land allocated under an area under tribal control traditional system: 3. Land with a Certificate of − Where the affected farm is cultivated and Occupation issued by the − Where the affected portion is more than 20% Department of Lands of the lost land, or 4. Land owned under a − Where the owner can prove that the residual Leasehold with registered (remainder) area is no longer economically Title viable, or − Where land acquisition causes landlessness (minimum livelihood requirement is 1 lima or 0.25ha) • Financial compensation at full replacement value as determined by a registered Valuer or Department of Lands for: − Privately acquired land in areas under tribal control and − Titled (privately owned) land. 2. Additional land Owners of cultivated land with • Assistance with application for land from the acquisition an affected area greater than Chief assistance 20% of the total land area and • Assistance with application for restoration of who are entitled to replacement formal ownership, if applicable land Owners of dwellings in the • One replacement house of equal size wayleave, inhabited at the time determined by floor area and replicating, as of the cut-off date far as possible, functional uses where original dwelling consists of multiple buildings 3. Loss of dwellings / • Resettlement to an agreed rural settlement residential structures site (in the same village) Owners of dwellings in the • Financial compensation based on the full wayleave, uninhabited at the replacement value of the existing dwelling as time of the cut-off date determined by a registered Valuer 4. Loss of crops3 Owners of Annual crops and • Financial compensation for all agreed crops fruit trees • Compensation will be based on the standard rates determined from time to time by the Ministry of Agriculture (MOA) • Intercropped crops will be compensated in proportion to the coverage and proportionate reduction of weight of rate as determined by MOA formula • Transportation cost or allowance to Bank 5. Loss of business Owners of business structures • Resettlement to outside the wayleave (in the structures in the line routes, in use at the same village) time of the cut-off date • • Full replacement cost for entire structure • • Allowances: 3 Agricultural Lands Act 34 ZESCO LIMITED ESAP Type of Loss Category of Affected People Entitlement • - Administrative and Transaction • - Loss of Land • - Loss of Income/business (for 1 (one) month) • - Transportation Relocation • - Reconnection to Electrical- Transportation to Bank Owners of business structures in • Financial compensation based on the full the wayleave, not in use at the replacement value of the existing business time of the cut-off date structure as determined by a registered Valuer 6. Loss of non- Owners of non-residential • Financial compensation based on the full residential structures structures (sheds, wells, replacement value of the existing structures shelters) at the time of the cut- as determined by a registered Valuer off date 7. Difficulty for some Vulnerable PAPs e.g. disabled • Transitional hardship assistance as households coping persons, elderly persons, appropriate to specific cases, e.g. support with transition persons with chronic illnesses female headed household to assist during caused by physical transition and other assistance deemed displacement appropriate under specific circumstances 8. Loss of livelihood Households suffering direct • Transitional assistance to farmers with economic displacement resulting cultivated fields to mitigate the loss of from the project livelihood until their crops have been re- established Households suffering direct • Compensation for loss of business income economic displacement based on baseline financial data for affected (legitimate businesses) resulting enterprises from the project • Replacement business structure (e.g. shop) in an agreed resettlement site conducive to its continued operation • Replacement structure shall be of equal size based on floor area • Any transactional costs to restore previously existing business rights will be borne by the Project 9. Disturbance Project affected households with • Compensation for the loss of opportunity as allowance affected assets within the a result of the project. wayleave. • Administrative and transaction • Transportation to bank 5.5 Summary of compensation packages The compensation packages were based on a number of principles and assumptions. The packages are discussed in the sections below. 35 ZESCO LIMITED ESAP 5.5.1 Standing crops and Fruit-bearing trees The following was considered when determining the entitlements for the impact of loss of fruit trees: • All the trees within the 22m of wayleave were considered at fruit bearing age • In order to protect the affected families from hunger, all standing crops will be allowed to be harvested before commencement of construction works provided access to the land is not immediately required by the project. It is anticipated that construction works will commence after the harvest period. 5.5.2 Residential and business structures Property owners whose structures shall be demolished as a result of the power line works shall be compensated for the replacement value of the structures and will be given a grace period of two (2) months to re-build their structures at places of their choices. The owners shall be allowed to salvage any valuable materials from their old structures. 5.5.3 Other allowances An inconvenience allowance has been provided for the households whose structures will be physically displaced to mitigate the opportunity cost of the resettlement planning and implementation process. 5.6 Process for fulfilling compensation and providing assistance ZESCO is committed to mitigate the impacts of the project through a set of compensation measures that will bring about an improved situation for all PAPs. In this regard, two specific conditions need to be met as part of its fulfilment of the requirements of this Abbreviated Resettlement Action Plan: a) Livelihood restoration and more specifically the restoration of their income-earning capacity will potentially require transitional support. Displacement often causes severe hardship and impoverishment. An appropriate transitional support package must be developed in consultation with the PAPs and duly implemented with the purpose to improve their standard of living and to prevent a net loss in their economic wellbeing. b) Replacement structures, where applicable, must be built by ZESCO in time for occupation prior to the start of construction in the affected area. 36 ZESCO LIMITED ESAP 6.0 RESETTLEMENT PLANNING 6.1 Physical Resettlement There are six (6) PAPs whose domestic structures will be physically displaced by the proposed power line project. The assets to be affected and particulars of the PAPs are indicated in Table 10 below: Table 10: Summary of Physical Displacement Name Structure affected Valuation Amount (K) Tinte Elindy Thatched bathroom 2,000.00 Regina Kalikiti Thatched kitchen 5,812.00 Thatched bathroom Dorothy Nachalwe Thatched kitchen 14,250.00 Elias Mweni Grain storages 2,500.00 Violet Shilimbile Thatched bathroom 1,880.00 Davies Shilimbile Grain storeroom 2,400.00 Memory Shinkonde Thatched bathroom 800.00 TOTAL 29,642.00 The resettlement principles adopted for this project require that suitable compensation options for the loss of housing are developed together with the affected households that would lead to an improved standard of living. The packages are limited to the compensation for physical displacement and are subject to final agreement and sign-off with the affected households. Other entitlements are described in the Entitlement Matrix (Table 9) and will be presented in the final compensation consent. Notes to Replacement of Structures where applicable: a) Replacement structure to be built in a suitable location on the remainder of the affected household’s existing land. b) Structure design to be agreed with the affected household especially in relation to positioning of doors and windows. c) All materials from old structures may be salvaged at resident’s own effort and cost. d) Project construction will commence after all replacement structures have been completely built and the affected family has taken occupancy of the replacement housing and business structure. e) A defects period of 12 months will apply for any structural deficiencies of the new buildings. 37 ZESCO LIMITED ESAP 6.2 Relocation Site In light of the small impact on physical displacement and the availability of land for the construction of replacement of the grain storages, bath and kitchen shelters, no relocation site has to be identified for any of the affected households. 38 ZESCO LIMITED ESAP 7.0 IMPLEMENTATION The entities with significant roles and responsibilities in the resettlement process include ZESCO, REA, GRZ (as these may be delegated to provincial and district authorities) and the traditional authority. 7.1 Government of the Republic of Zambia and Rural Electrification Authority GRZ will provide the financial resources necessary for final resettlement implementation through REA who will facilitate the compensation entitlements to the PAPs. 7.2 ZESCO Limited ZESCO will plan and carryout the resettlement exercise itself, including providing managerial and technical expertise. Where applicable ZESCO will: ✓ Keep government officials, the traditional authority leadership and the PAPs informed; ✓ Attend meetings, and provide administrative, managerial and technical support as required; ✓ Plan and implement livelihood restoration programmes in consultation with affected persons; ✓ Manage resettlement dispute resolution through the GRM committees; ✓ Act as the first resort for dispute resolution; and ✓ Establish a resettlement monitoring and evaluation programme. 7.3 Government of the Republic of Zambia and the Traditional Authority ZESCO will implement resettlement but will work in close association with the District Commissioners (DCs) in the affected districts, and his/her officers, who will represent GRZ, and the Chiefs, who is the head of the Traditional Authority in the area. It is envisaged that the DC (or his/her delegates) and the Chief will: ✓ act as the primary Government (DC) and Traditional Authority (Chief) representative; ✓ participate in meetings with the PAPs to monitor proceedings and provide input as required; ✓ delegate representatives for the resettlement dispute resolution committee through the Grievance Redress Mechanism (GRM); ✓ endorse the terms and conditions for resettlement and compensation entitlements agreed between ZESCO and project affected households; ✓ ensure that initiatives undertaken as part of livelihood restoration programmes are compatible with the overall development vision of the districts and the Chiefdom, as well as with broader government objectives for sustainable rural development; and ✓ ensure that the land-use plans for the resettlement sites are compatible with district development plans. 39 ZESCO LIMITED ESAP 7.4 Non-Governmental Organisations Appropriate NGOs who operate in the area, will be identified to assist in resettlement implementation as required. 7.5 Grievance and Dispute Resolution Resettlement-related grievances and disputes that may arise during the project implementation process will be resolved through the approved Project GRM. The sections below (7.5.1 – 7.5.4) provide insight on how resettlement related grievances that may arise will be addressed while the detailed grievance processes are presented in the approved Project GRM. 7.5.1 Approach Local Committees were formed within the project areas to handle grievances and Local Focal Point Persons were appointed to record grievances and refer them to the Chairperson through the Coordinator for resolutions. However, sensitive matters that are beyond the capacity of the Local committee shall be escalated to the Technical and subsequently the Project Steering Committee (PSC) or other appropriate organs such as the Police or the Judiciary. When lodging grievances, affected persons will be allowed if they so wish to be accompanied by their preferred witnesses and will be free to use a language of their choice. Grievances may be lodged through verbal, formal and written communication. Whatever the source and the form in which the grievance is received, it shall be recorded and later registered in the grievance register. 7.5.2 Time Frame The Local GRM Committees shall meet monthly or as and when necessary while the Technical Committee shall meet quarterly or as and when necessary to consider the complaints that have been received during that particular period. Grievances are expected to be resolved within a maximum period of four (4) weeks after they have been reported. However, complaints that shall require urgent attention as determined by the Chairperson shall be attended to within forty- eight (48) hours of being reported. Should a complaint require more time to be resolved, the affected persons shall be advised accordingly. 7.5.3 Appeals Affected persons that shall be dissatisfied with the resolution of their grievance by the Local and Technical Committees will be free to appeal in writing to the PSC, Chaired by either a Director from ZESCO or REA. The Directors shall upon receipt of such grievances convene the PSC to assess and resolve the grievances received. 40 ZESCO LIMITED ESAP Should the decision of the PSC be deemed unsatisfactory, such affected persons will retain the right to take their case for Arbitration as provided for under the Laws of Zambia. The illustration in Error! Reference source not found. below summarizes the procedure and key steps for GRM. Grievance Close-out (e.g. corrective action implemented successfully Dissemination of Complaint Result to Complainant by the Handling Officer Appeal Verification of Complaint/ Investigation/ Redress Project Steering Maintainable Acknowledgement Committee sent to the Grievance owner Technical Committee Screening/Sorting of requests Receive and Register Grievance by the Complaints Handling Officer Arbitration/Court of law Figure 1: Grievance Redress Mechanism Process 7.5.4 Grievance Form A grievance form shall be filled in by the Local Focal Point Persons as a way of documenting grievances received. The grievance form reflects the complainant and grievance details, action taken or required and the effectiveness review. Refer to Appendix 2 for more details. 41 ZESCO LIMITED ESAP 8.0 MONITORING AND EVALUATION There will be a resettlement monitoring and evaluation programme. The objective is to determine the extent to which resettlement is successfully implemented. The programme will have four broad components: ✓ Performance monitoring; ✓ Effects monitoring; ✓ External evaluation; and ✓ A completion audit. 8.1 Performance Monitoring ZESCO will coordinate performance monitoring to measure progress with resettlement against scheduled tasks and milestones. Monitoring reports will be prepared on a quarterly basis for the first year following resettlement and bi-annually thereafter until the resettlement project is deemed completed. A completion audit will determine the final completion of the resettlement process. The monitoring reports will be distributed to all relevant parties. 8.2 Effects Monitoring ZESCO will be responsible for effects monitoring, and may contract components to qualified consultants. Effects monitoring will focus on the effectiveness of resettlement and compensation action plan, the identification of constraints and the recommendation of corrective measures that may be necessary. Indicators and targets for effects monitoring will be established by ZESCO, in consultation with representatives of project affected households, the Ministry of Agriculture, Government Valuation Department and/or NGOs. Effects monitoring will be conducted bi-annually and data will be collected from: ✓ Households, through the use of standardized, quantitative socio-economic survey instruments; and ✓ The community, through the use of qualitative (participatory) monitoring techniques. 8.2.1 Quantitative Monitoring It will be important to monitor the changing socio-economic status of project affected households. Socio-economic status will be tracked against baseline conditions prior to resettlement. To achieve this, follow-up will be undertaken using questionnaires similar to those used during the surveys. This will allow comparison of baseline characteristics before and after resettlement, particularly of vulnerable households. 8.2.2 Qualitative Monitoring Qualitative monitoring will be participatory and gauge the effectiveness of resettlement measures in meeting the needs of project affected households. The value of participatory 42 ZESCO LIMITED ESAP monitoring is that it involves project affected households in collective assessment of resettlement processes and outcomes. Participatory monitoring is action-oriented and seeks to build the capacity of PAPs by: ✓ providing opportunities to reflect on progress or obstacles to resettlement implementation; ✓ generating knowledge that informs practice and leads to corrective actions; and ✓ providing the tools to transform the economic and social environment. The qualitative monitoring programme includes workshops with project affected households to give them the opportunity to: ✓ develop their own criteria for acceptable socio-economic conditions; ✓ assess their pre-project conditions in terms of their own criteria; ✓ monitor their own progress towards recovering their pre-project conditions; and ✓ develop and communicate their own solutions to outstanding problems. The outcome will be an assessment of people’s attitudes, perceptions, views and fears regarding the resettlement. Given the participatory nature of this monitoring, there will be a continual process of learning, with new ideas and concerns integrated and incorporated into the resettlement process. Monitoring will use qualitative indicators identified in consultation with participants. The following are examples of qualitative indicators that could be used: ✓ attitudes to resettlement initiatives; ✓ perceptions and suggestions relating to positive and negative project effects; and ✓ satisfaction with the consultation process. 8.3 Completion Audit A completion audit will be undertaken one (1) years after resettlement implementation. The objectives of the audit will be to: ✓ confirm that physical inputs specified in the ARAP and subsequent resettlement implementation plan have been delivered; ✓ confirm the expected outcomes of resettlement have been achieved; and ✓ assess whether outcomes of resettlement are positive or not. The audit will also identify outstanding matters that require further action prior to the closing of the resettlement implementation process. If no outstanding matters are identified, the final Completion Audit report signifies the closure of this resettlement project. 43 ZESCO LIMITED ESAP 9.0 RESETTLEMENT BUDGET AND SCHEDULE The summary Resettlement Implementation Budget is presented below. The budget to implement the ARAP is K221,376.26. The budget comprises the following components: • Replacement of auxiliary structures • Economic loss due to affected fruit trees Implementation of this ARAP will commence if it is given a ‘No Objection’ by the World Bank and all logistics are in place. It will also be submitted to ZEMA for their information. 44 ZESCO LIMITED ESAP 10. CONCLUSION This ARAP has detailed the potential impacts of the grid extension project in Copperbelt Province on the affected communities and presents a mitigation measures for the economic loss and physical displacement caused by the project. ZESCO has committed to implementing this Plan according to its internal procedures and within the budget that has been allocated for resettlement and compensation for this Project. It is recommended that this Plan is approved by the World Bank for implementation, in the interest of the PAPs who will benefit from the compensation that is offered in accordance with the entitlement framework. The prime objective of this Plan is to ensure that PAPs are adequately compensated so that their livelihoods and standards of living are restored or improved accordingly. 45 ZESCO LIMITED ESAP 11 References 2010 Census of Population and Housing Preliminary Report 2010 Census of Population National Analytical Report Catholic Relief Services, Zambia Livelihoods Assessment June 2007 Census of Housing and Population, CSO, 2010 https://csprzambia.org Civil Society for Poverty Reduction Zambia Brief Profile of Western Province accessed 12 October 2020 https://www.lusakatimes.com/multi-million solar energy project earmarked in western province, October 10 2019, accessed on 16 October 2020 https://zambia.opendataforafrica.org/ZMAGRISTAT2016/agriculture-statistics-of-zambia-2014 Agriculture Statistics of Zambia Living Conditions Monitoring Survey, CSO, 2015 46 ZESCO LIMITED ESAP APPENDICES APPENDIX 1 - PHYSICAL ASSET QUESTIONNAIRE APPENDIX 2 – GRIEVANCE REDRESS MECHANISM FORM APPENDIX 3 – BUSINESS OPERATIONS QUESTIONNAIRE APPENDIX 4: CUT-OFF NOTICE APPENDIX 5 – VALUATION REPORTS APPENDIX 6 – COMPESATION CONSENTS 47 ZESCO LIMITED ESAP APPENDIX 1 Resettlement Action Plan Census/Socio-economic/Asset Inventory Questionnaire INSTRUCTION Your main duty as an enumerator in the survey is to collect data from affected households using this questionnaire. You will interview the Head/Spouse or any knowledgeable adult member of affected households. A Household refers to a group of people who normally live and eat together. These may or may not be related by blood, marriage or adoption, but make common provision for food or other essentials for living and they have only one person whom they all regard as the head. During the interviews, you are required to circle the codes (number) or indicate the code in the responses. Only where it is stated, all questions require single responses. Where the question is open- ended, you are required to summarize the response in the space provided. You must always check your work before you leave the household. This entails: - (i) checking your work for completeness- there should not be any omissions. (ii) Checking your work for legibility- you should record answers in a clear and legible format. The person entering the data in the computer should be able to read your writing. (iii) Checking your work for consistency; there should be consistency between answers recorded in the various sections of the questionnaire. (iv) You should only handover a completed questionnaire to your supervisor after checking your work and ensuring that it is error free. INFORMED CONSENT My name is ________________I am working with …………………………….. I have come to your house today because your household will be affected by the project. The purpose of this survey is to collect data that will be used to assess the livelihood and economic status of affected households. This survey will also help us collect data for developing an inventory of affected movable and immovable assets. This is a requirement for preparing a Resettlement Action Plan (RAP) for the project. I would therefore like to ask you questions on people who live here, livelihoods, economic activities, assets and your opinion regarding the project. Your participation in this survey will have no bearing on whether you receive any assistance from the project in the future. In addition, there are no costs to you for participation in this survey, and you will not be paid for participation. However, your responses will help the project to develop a better understanding of your household for better planning of the resettlement process. This interview should take about 30 minutes. If it is okay with you, can we start this interview? Yes [ ] No [ ], If No, THANK Participant, secure appointment and PROCEED to the next eligible household. A. CONTROL INFORMATION Name of Date Interviewer: _______________________________________________________________ (dd/mm/yyyy) Surname First Name Name of Respondent 1….Head of Respondent: _______________________________________________________________ Type Household Surname First Name 2---Other Name of Village Name of Chief Interview Interview Start Time End Time GPS Coordinates latitude longitude B. HOUSEHOLD DEMOGRAPHIC PROFILE 1. Name of Head of 2. Sex of Male-------1 Household(Get Portrait __________________________________________________________ Head of Female-----2 photo) __ Household Surname First Name First Name 3. Date of birth Head of 4. Marital Status Single -------------1 Married -----------2 Household of Head of Divorced----------3 Widowed ---------4 (dd/mm/yyyy) Household 48 ZESCO LIMITED ESAP 5. Educational level of Head of Household (What is the highest grade Head of 1=None 2=Primary 3=Secondary 4=Tertiary Household has acquired) 6. Household 7. Is Head of Household disabled or chronically Yes-----1, No-------2 size(include Household Number of Male------- sick? Head) Number of Female----- 6. Is there any other Yes-----1, 6. If Head of Household or any other Disabled as evidenced by ZAPID/disability member of household No-------2 member of this household is disabled assessed------------1 who is disabled or or chronically sick, what is the Disabled but not assessed--------------2 Terminally ill & other related diseases-------------- chronically sick? vulnerability category?(CIRCLE ALL -3 THAT APPLIES) C. LAND SIZE, OWNERSHIP & USE 8. Is Head of Household Yes-----1, 9. If the answer to question 8 is yes, Title Deeds----1 Offer letter from Lands---2 the owner of this land? No-------2 what proof of ownership? Other, specify_________________________3 10. If the answer to 11a. What is your Tenant--------1, Caretaker------2, question 8 is No, who is _________________________________ relationship to the Relative------3 Other, specify--------4 the owner? _ owner? Surname First Name 11a. If you are not owner of this land, what do you own on this land (CIRCLE ALL THAT 1=Dwellings only 2=trees 3=all APPLIES)? built structures 12. If the answer to question 11 is tenant, what is the monthly rental payment? Monthly Payment _____________________________ 13. What is the size of 14. Land owner NRC & Contact No. this plot? (indicate length ____Hectares _____________________________________ X width if easier) _ NRC Mobile Phone Number 15. What is the total size of land available for agricultural production (owned and rented) to this household IF NO LAND WRITE ‘0 _____________ hectares owned ______________hectares rented out 16. How long has this family been living on this land? ______years D. ECONOMICAL PROFILE D1. HOUSING CHARACTERISTICS 17. What kind of dwelling does your household live in? 1=Traditional Hut 2=Improved Traditional House (OBSERVE) 3=Temporal 4=Other (Specify)…………… 18. What kind of material is the roof of the dwelling 1=Asbestos Sheets 2= Iron Sheets made of? (OBSERVE) 3= Grass/Straw/Thatch 4= Wood 5= Other (Specify 19. What kind of material is the floor of the dwelling 1= Concrete only 2= Covered Concrete made of? (OBSERVE) 3= Mud 4= Other (Specify 20. What kind of material is the wall of the dwelling 1= Pan Brick 2= Concrete Brick made of? (OBSERVE) 3= Mud Brick 4= Burnt Brick 5= Pole 6= Mud 7= Grass/Straw 8= Other (Specify…. 21. How many rooms is the dwelling/housing 1=One, 2=Two, 3=Three, 4= Four, 5=Five, 6=Six, 7=Other, specify_______________ structure?(indicate number on dwelling) 1. Dwelling 1---------------------- 2. Dwelling 2--------------------- 3. Dwelling 3---------------------- 49 ZESCO LIMITED ESAP 4. Dwelling 4--------------------- D2. AGRICULTURE 22. Which crops did you Area planted in 2019/2020 Quantity Produced in Unit: grow in the 2019/2020 season (hectares(indicate 2019/2020 season 1= 50 kg bag, 2=25kg bag, season? CIRCLE ALL length X width in metres if IF Production = 0, 3=10 kg bag, 3=Tin THAT APPLIES easier)) skip to next CROP 4=Head, 5=Other, specify 1 Maize 2 Sorghum 3 Millet 4 Beans 5 Groundnuts(indicate shelled/unshelled) 6 Rice 7 Irish Potato 8 Sweet Potato 9 Cassava 10 Tobacco 11 Cowpeas 12 Green Beans 13 Amaranths 14 Cabbage 15 Chinese Cabbage 16 Carrot 17 Impwa 18 Okra D3. HOUSEHOLD INCOMES AND EXPENDITURE 23. Name the most important non-farm source(s) of Remittance ---------1 Skilled trade/artisan------2 Casual non-agriculture labour --------3 Petty trade (cooking oil, income/cash to your household? CIRCLE ALL THAT soap,, etc.)---------4, Savings and lending ( SILC)-----5 APPLIES Med/large business-------6 Brewing Beer-----7 Formal salary/wages------8 None-------9 Begging-------10 Others (specify): 88________________________ 24. Considering all your non-farm sources of income, ZMK________________________ what is your average monthly non-farm income? 25. Name the most important farm source(s) of Rainfed Crop sales------1 Casual agriculture labour-----2 Livestock sales-------3 Fishing-----4 income/cash to your household CIRCLE ALL THAT 5.=Dividends, 6=own irrigated garden, 7= Other, specify APPLIES 26. Considering all your farm sources of income, what is ZMK________________________ your average annual farm income? 50 ZESCO LIMITED ESAP 27. How many (ITEM)s does your household own? (Indicate zero if HH has none. Do not count permanently broken items) READ OUT QUANTIT READ OUT QUANTITY Y Cattle Bicycle Goat Motorcycle Sheep Motor vehicle Pig Tractor Poultry (Chickens, ducks, guinea fowls, pigeons, rabbits, etc) Plough Donkey/Horses Ox cart Radio Grind mill TV Genset Solar Panel Water pump Cell phone Treadle pump Other, Specify_______ Other, Specify_______ 28 What is your average household expenditure? Expenditure Item Circle appropriate Reference Period Total Amount Spent (per Reference Period) A. Food 1=Weekly 2=monthly, 3=annually B. Fuel for light (kerosene, gas) 1=Weekly 2=monthly, 3=annually C. Water 1=Weekly 2=monthly, 3=annually D. Communication(talktime) 1=Weekly 2=monthly, 3=annually E. Clothing/Footwear/beddings 1=Weekly 2=monthly F. Electricity 1=Weekly 2=monthly G. School 1=Every Term, 2=annually H. Transportation 1=Weekly 2=monthly I. Medical Needs 1=Weekly 2=monthly J. House/land rental 1=Weekly 2=monthly K. House Maintenance/repair 1=Weekly 2=monthly L. Recreation 1=Weekly 2=monthly M. Agriculture(Seeds, fertilizer, labour) 1=Weekly 2=monthly Q. Others, ________________ 1=Weekly 2=monthly R. Others, ________________ 1=Weekly 2=monthly S. Others, ________________ 1=Weekly 2=monthly D24 FOOD SECURITY 29. How many staple meals excluding snacks do you normally have in a 1=One, 2=Two, 3=Three, 4=More day? than three 30. In the past 4 weeks, was there ever no food of any kind to eat in your 1=No, 2=Rarely (Once or twice), house because of lack of resources to get food? 3=Sometimes (3 to 10 times), 4=Often (More than 10 times) 31. In the past 4 weeks, did you or any member of the household go the 1=No, 2=Rarely (Once or twice), whole day and night without eating anything because there was not enough 3=Sometimes (3 to 10 times), food? 4=Often (More than 10 times) D5. WATER AND SANITATION PROFILE 32. What is the MAIN source of drinking water for this 1=Borehole, 2=Protected well, 3=Unprotected well, household? (Circle only one MAIN source) 4=Protected spring 5=Unprotected spring, 6=River, Pond, Dam, 7= Other Specify 51 ZESCO LIMITED ESAP 33. How far (one-way, walking distance in metres) is your ………………metres main water source? 34. How many minutes do you take to reach the nearest ---------------minutes place where you collect your water? 35. What type of toilet facility does this household 1=VIP toilet, 2=Pit latrine, 3=Bush 4=Other USUALLY use? Specify______________________________ 36. What do you do when a family member is sick? 1=Self –medication 2=Go to public clinic 3=Go to private clinic 4= None 5=Others, specify__________________ 37. Was there any death in the family in the last two 1=Yes 2=No If yes, What were the causes years __________________________________________________ __ E. ACCESS TO SERVICES AND PLACE OF EMPLOYMENT Facility 38. 39. Travel Time(hrs) 40. Type of Transport Cost of Transport Distance(Km) from House to Used:1=Foot, to facility from House to Facility 2=bicycle, 3=public (41) Facility transport 4 Other specify,_____ _____________Hospital(In dicate name) _____________Clinic(Indi cate name) School(Indicate name) 1. _________________ 1.___________ 1.____________ 1.____________ 1.____________ 2. _________________ _2. 2. ___________ 2. ___________ 2. ___________ 3. ________________ ___________ 3. ___________ 3. ___________ 3. ___________ 4. ________________ 3. __________ 4. ___________ 4. ___________ 4. ___________ 4. ___________ District centre Market/Shopping Centre Police Station Hammer Mill Work Place Banks Grave yard Postal Service Others, specify: 52 ZESCO LIMITED ESAP F. ENERGY 1=State electricity 2=solar 3=Kerosene/Gas 41. What is the source of energy for lighting the household? 4=None 5=Other, specify_________________ 1=State electricity 2=Charcoal 3=Firewood 42. What is the main source of energy for cooking? 4=None 5=Other, specify_________________ 43. If the main source of energy for cooking is firewood, what is the source and how many minutes walk is this? Name of source_________________________________________Time taken to reach source____________Minutes G. IMPACT INFORMATION G1 LAND ACQUISITION 1=whole land, 2=if partial, how much land will be 44. How much land will be acquired by the project? acquired? _______________ hectares 45. What kind of acquisition will be this? 1=Permanent 2=Temporary 3=both _______hectares will be permanently acquired 46 If the answer is both, specify the size in either case _______hectares will be temporary acquired 47. Circle the code of the structures on plot that will be lost due to land acquisition, indicate the number of these structures and get their photos Name of structure Number of Comments if any structures 1. Dwellings: Indicate total floor area(length x width ) i. Two rooms i. --------- i. --------- ii. Three rooms ii. --------- ii. --------- iii. Four rooms iii. --------- iii. --------- iv. Five rooms iv. --------- iv. --------- v. Other, specify_____ v. --------- v. --------- _______________ Material used & current cost of Indicate total floor area(length x width ) 2. Kitchen shelter replacement Material used & current cost of Indicate total floor area(length x width ) 3. Bath shelter replacement Material used & current cost of No. of employees_________ replacement 4. Shop/store monthly income___________ 5. Toilet mentioned 6. Bore hole 7. Protected well 8. Unprotected 9. Kraal current cost of replacement 10. Chicken coop current cost of replacement 11. Grain Store current cost of replacement 12. Goat pen current cost of replacement 13. Fence current cost of replacement 14. Other, specify_____ current cost of replacement _______________ 15. Other, specify_____ current cost of replacement _______________ 16. Other, specify_____ _______________ 48 Circle the code of the trees that will be lost due to land acquisition, indicate the number of these trees and take their photos Number of Number of non- Name of Tree estimated annual income mature/fruiting trees mature/non-fruiting trees 1. Banana 2. Mango 53 ZESCO LIMITED ESAP 3. Pawpaw 4. Orange 5. Lemon 6. Guava 7. Masau 8. Avocado 9. Sugar canes 10. Mulberry 11. Cactus 12. Leeches 13. Sugar cane 14. Other: 15. How many non-fruit tress does the household have? 17. Total monthly sale from 16. Do you have a 16b Is garden on 1=Yes, 2=No 1=Yes, 2=No the garden? Garden? affected plot? ZMK_________ G. GENERAL INFORMATION 49. What do you think of the project? 1=Very Good, 2=Good, 3= Bad, 4=No answer 50. If the answer to question 49 is very good or good, why do you say so? 51. If the answer to question 49 is bad, why do you say so? 47. In case of relocation, which would PAP prefer? 1=Relocate to site of choice 2=Relocate to site identified by project, 3=Don’t know at this time 48. How would PAP prefer to be compensated for land 1=Land for Land 2=Cash for Land 3=Not Applicable 49. How would PAP prefer to be compensated for built 1= Replacement 2=Cash 3= Not Applicable structures? 50. How would PAP prefer to be compensated for 1= Replacement 2=Cash 3= Not Applicable fruit & non fruit trees (if applicable)? 51. If PAP is to receive any cash compensation (if 1=Through the Bank 2=Direct Payment 3=Not Applicable applicable), how do they want to be paid? 3=Other, specify: ___________________________________ 52. How much would be required to move personal ZMK_________Specify mode of transport_______1=Oxcart, 2 effects to relocation site? tractor, 3=van, 4=other, specify______________ 54 ZESCO LIMITED ESAP ASSET FORM: BUILT STRUCTURES Photo of the Owner Photo Occupant/Representative Front and Side View of The House/ Structure Rear and Side View of The House/ Structure Roof_________________________________________________________________________________ _____________________________________________________________________________________ Walls _______________________________________________________________________________ ____________________________________________________________________________________ Floor ________________________________________________________________________________ _____________________________________________________________________________________ Fittings ______________________________________________________________________________ _____________________________________________________________________________________ 55 ZESCO LIMITED ESAP APPENNDIX I– ASSET FORM: SKETCH FOR BUILT STRUCTURES Sketch: 56 ZESCO LIMITED ESAP APPENDIX 2 Grievance Redress Form Electricity Supply Access Project (ESAP) Section 1: Complainant Details Grievance Reference Date received: Submitted by: Name of person recording the Number: grievance: □ Person submitting grievance □ Male/Female □ Other (please specify who) Name of Complainant / Organisation registering complaint (or write Anonymous): Address: Telephone Number: Email address: How was the grievance lodged: □ In person □ By Phone □ At Community Meeting □ By Mail □ By Email Signature of Complainant: Confirm that the Grievance has been acknowledged and a copy of this form provided to the complainant? □ Yes Date: Section 2: Details about the Grievance Description of Grievance: Section 3: Action Taken / Required Acknowledgement of Date when Acknowledgment Date set for resolution of Date logged in Grievance grievance sent to provided: Complaint: Log by Complaints handling Complainant? (Y/N) Officer: 57 ZESCO LIMITED ESAP Grievance classification: Reason(s) why: Manager/safeguard specialist/Director responsible for addressing grievance: □ Critical priority □ Medium priority □ Low priority Description of action required (to be updated as needed): Action carried out by: Date of Completion: Method of feedback to Complainant: Stakeholder response to action: Section 4: Effectiveness Review Status of Grievance: Date: To what extent has the grievance been addressed to the satisfaction of the complainant: Grievance Closed: Date: Signed off: Manager/safeguard specialist/Director responsible 58 ZESCO LIMITED ESAP APPENDIX 3 Electricity Service Access Project (ESAP) BUSINESS OPERATIONS QUESTIONNAIRE DOCUMENT SEQUENCE HOUSEHOLD NO: ZESCO/2020/ESAP/ NO: Interview Camera Person Duration Date Enumerator 1 ID Enumerator 2 ID Notes ID (hh:mm) (mm/dd/yy / /20 : / /20 : / /20 : SURVEY INTRODUCTION Hello, my name is I am here on behalf of ZESCO Limited. The World Bank Funded Electricity Service Access Project (ESAP) being spearheaded by the Rural Electricity Authority (REA) aims to increase electricity access in targeted rural areas of Zambia. The project comprises three components which includes On-grid Electricity Access Expansion, Off-grid Electricity Access Expansion and Technical Assistance. REA is a Fund Manager for the project while ZESCO is the implementing Agency for the On-grid Electricity Access Expansion component targeting to benefit several rural households and Micro and Small Enterprises (MSEs) through last mile connections and network reinforcements and extensions. In order to comply with the Zambian Environmental legislation and World Bank Safeguard requirements, ZESCO carried out Environmental and Social screening of targeted project sites. The screening exercise was undertaken in all project sites to determine the level of environmental and social studies that may be required for the project. The screening exercise revealed that project implementation would result into minimal negative environmental and social impacts in some areas. In view of that, all the project sites were given conditional approval for implementation by ZEMA and decision letters were issued to ZESCO. In fulfillment of conditional approval for project implementation by ZEMA and World Bank Safeguard requirements, ZESCO is in the process of preparing and implementing Abbreviated Resettlement Action Plans (ARAP) for the Project. In view of the foregoing, several stakeholders who include the local community, chiefdoms, government institutions and local authorities, among others, have been informed of ZESCO’s intentions. The On-grid Electricity Access Expansion component will involve the construction of High Tension (HT) 33/11kV and medium/low voltage (MV) 400/230V distribution lines and installation of distribution transformers in selected rural areas. The High Voltage (HT) power lines to be constructed are planned to have a right of way (ROW) of 22m width (11m on either sides). The construction and operation of the project will require that affected people are compensated for the permanent loss of crops, fruit trees or built structures. In order to determine the impact of the proposed project on the local community, I want to gather information from you about your household and affected business for planning purposes. The information gathered through this questionnaire will also be used to determine your eligibility for compensation should your business be inconvenienced. The cut-off-date is ……………………………… ZESCO has asked you to participate in this survey, your participation is voluntary and this information will be used to meet any statutory requirement by ZEMA or any other government department. By providing your signature (or mark), you indicate your consent and you agree that the information you have provided is true and accurate based on your personal knowledge. You also warrant that you have authority to provide information on behalf of your household members and to consent on their behalf that ZESCO may use the information as described above. ZESCO is committed to ensuring the confidentiality of information collected from you. ZESCO will not use personal information collected from you and your household for any reason other than stated above. This Introduction has been read and explained to me. Respondent is 1- Owner, 2- Mandated ____________________________________________________ Signature of Respondent 59 ZESCO LIMITED ESAP A. IDENTIFICATION 1. Respondent details and photo Note: Respondent must be an adult member of the household. 1.a. Name of respondent (First Middle Last Name) 1.b. Relationship of respondent to Household Head 1. Head, 2. Spouse, 3. Son/ Daughter, 4. Son/Daughter-in-Law, 5. Grandchild, 6. Parent, 7. Other relative, specify 1.c. Camera No 1.d. Photo Number A. BUSINESS ENTERPRISES – complete separate sheet for EACH Business Enterprise 1: Is the business enterprise a licenced/registered/permitted business? Y N 2: If YES, please provide licence/registration/permit number. From fixed business As a mobile / itinerant On a project/ 3: Is this business enterprise Other (Please specify) premises business construction site run .......? -1- -2- -3- -4- 4: If Other, please specify: Only some days in the Only some days per 5: Is this business enterprise Daily/Every day Less frequently week month run .......? -1- -2- -3- -4- 6: Please describe the main business activities in detail: (e.g. selling of goods; selling of services; contractor services) 7: For how long (in years) or since when (year) has this Business Enterprise been actively operating ? 8: Does the business carry 9: If Yes, what is the monetary value of the Y N stock? current stock? 10: Does this business enterprise employ 11: If YES, how many staff are Y N any regular staff to operate? presently employed? 12: Does this business enterprise use any 13: If Yes, what is the monetary value Y N tools/equipment to operate/do business? of your current equipment/ tools? 14: Please provide a description of the tools/equipment currently owned by the business enterprise. 15: Do you keep regular records of your 16: What is the average monthly stock, daily/weekly revenue and regular Y N revenue/income/turnover? operating expenses? 19: Do you have Annual Financial 17: What is the monthly average total of Y N Statements for the previous year? operating expenses (excluding wages)? 20: Which month is the end of your 18: What is the average monthly wage N/A financial year? (abbreviate month) bill? VERIFICATION: We, the undersigned, agree to the assessment of the BUSINESS ENTERPRISE by the Survey Team and hereby append our signatures as evidence that we were present when the survey was undertaken BUSINESS OWNER / MANAGER SURVEYOR 60 ZESCO LIMITED ESAP VERIFICATION: We, the undersigned, agree to the assessment of the BUSINESS ENTERPRISE by the Survey Team and hereby append our signatures as evidence that we were present when the survey was undertaken NAME (in print) NAME (in print) SIGNATURE / THUMBPRINT SIGNATURE / THUMBPRINT DATE DATE HEADMAN WITNESS NAME (in print) NAME (in print) SIGNATURE / THUMBPRINT SIGNATURE / THUMBPRINT DATE DATE 61 ZESCO LIMITED ESAP APPENDIX 4 PUBLIC NOTICE—OFFICIAL NOTICE OF PROJECT CUT-OFF DATE—EFFECTIVE 31AUGUST 2020 Electricity Service Access Project (ESAP) ZESCO Limited would like to inform the general public that the cut-off date for any new construction or economic start-up activities in the area identified for the construction of power lines under ESAP has been set as 31 August 2020. This follows the completion of the detailed survey and socio-economic survey which involved the counting of structures and other economic activities in the project area which commenced on 4 August 2020 and was completed on 31 August 2020, respectively. Having undertaken this survey and identified the area as being free of encumbrances, the public is hereby advised as follows: ➢ The Project will NOT compensate anyone for any new construction structures or economic activities that will be in found in the area earmarked for the construction of the power lines after the stated cut-off date. ➢ Any individuals that will undertake any construction and/or engage in any economic activities in the identified project area will be doing so at OWNER’S RISK and will NOT be eligible for compensation. Please be informed that a Feedback and Grievance Redress Mechanism has been set up for individuals who may want to have particular grievances considered. Should there be need for more information regarding the cut-off date, the general public is advised to contact the undersigned on Tel: +260-211-362093/+260-211-362342/2354/2453 or visit any nearest ZESCO Office. Signed Kennedy Sichone Project Manager – LTDRP/ESAP 62 ZESCO LIMITED ESAP APPENDIX 5 63 ZESCO LIMITED ESAP 64 ZESCO LIMITED ESAP 65 ZESCO LIMITED ESAP 66 ZESCO LIMITED ESAP 67 ZESCO LIMITED ESAP 68 ZESCO LIMITED ESAP 69 ZESCO LIMITED ESAP 70 ZESCO LIMITED ESAP 71 ZESCO LIMITED ESAP 72 ZESCO LIMITED ESAP 73 ZESCO LIMITED ESAP 74 ZESCO LIMITED ESAP 75 ZESCO LIMITED ESAP 76 ZESCO LIMITED ESAP 77 ZESCO LIMITED ESAP 78 ZESCO LIMITED ESAP 79 ZESCO LIMITED ESAP 80 ZESCO LIMITED ESAP 81 ZESCO LIMITED ESAP 82 ZESCO LIMITED ESAP 83 ZESCO LIMITED ESAP 84 ZESCO LIMITED ESAP 85 ZESCO LIMITED ESAP 86 ZESCO LIMITED ESAP 87 ZESCO LIMITED ESAP 88 ZESCO LIMITED ESAP 89 ZESCO LIMITED ESAP 90 ZESCO LIMITED ESAP 91 ZESCO LIMITED ESAP 92 ZESCO LIMITED ESAP 93 ZESCO LIMITED ESAP 94 ZESCO LIMITED ESAP 95 ZESCO LIMITED ESAP 96 ZESCO LIMITED ESAP 97 ZESCO LIMITED ESAP 98 ZESCO LIMITED ESAP 99 ZESCO LIMITED ESAP 100 ZESCO LIMITED ESAP 101 ZESCO LIMITED ESAP 102 ZESCO LIMITED ESAP 103 ZESCO LIMITED ESAP 104 ZESCO LIMITED ESAP 105 ZESCO LIMITED ESAP 106 ZESCO LIMITED ESAP 107 ZESCO LIMITED ESAP 108 ZESCO LIMITED ESAP 109 ZESCO LIMITED ESAP 110 ZESCO LIMITED ESAP 111 ZESCO LIMITED ESAP 112 ZESCO LIMITED ESAP 113 ZESCO LIMITED ESAP 114 ZESCO LIMITED ESAP 115 ZESCO LIMITED ESAP 116 ZESCO LIMITED ESAP 117 ZESCO LIMITED ESAP 118 ZESCO LIMITED ESAP 119 ZESCO LIMITED ESAP 120 ZESCO LIMITED ESAP 121 ZESCO LIMITED ESAP 122 ZESCO LIMITED ESAP 123 ZESCO LIMITED ESAP 124 ZESCO LIMITED ESAP 125 ZESCO LIMITED ESAP 126 ZESCO LIMITED ESAP 127 ZESCO LIMITED ESAP 128 ZESCO LIMITED ESAP 129 ZESCO LIMITED ESAP 130 ZESCO LIMITED ESAP 131 ZESCO LIMITED ESAP 132 ZESCO LIMITED ESAP 133 ZESCO LIMITED ESAP 134 ZESCO LIMITED ESAP 135