SFG2653 V3
SERBIA FLOODS EMERGENCY AND RECOVERY PROJECT
(FERP)
Component 3
Abbreviated Resettlement Action Plan
(ARAP)
For subproject
Protection of river bed and banks of the Nišava River
Republic of Serbia
Ministry of Agriculture and Environmental
Protection
Directorate for Water Management
Project Implementation Unit
October, 2016
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CURRENCY EQUIVALENTS
(Exchange Rate Effective August 2016)
Currency Unit = RSD
110.3 RSD = USD 1
123.1 RSD = EUR 1
ABREVIATIONS AND ACRONIMS
RS Republic of Serbia
BoE Beneficiary of Expropriation
CE Citizen Engagement
GC Grievance Committee
IFIs International Financial Institutions
OP Operational policy of the World Bank
PAP Project Affected Person
PIU Project Implementation Unit
FERP Serbia Floods Emergency and Recovery Project
RNA Recovery Needs Assessment
ARAP Abbreviated Resettlement Action Plan
RPF Resettlement Policy Framework
WB World Bank
OP 4.12 Operational Policy on Involuntary Resettlement
MAEP Ministry of Agriculture and Environmental Protection
MF Ministry of Finance
PWMC Public Water Management Company
RSD Serbian Dinar
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LIST OF DEFINITIONS/GLOSSARY
COMPENSATION. Payment in cash or in kind for an asset or a resource that is acquired or
affected by a project. Compensation will be paid before taking possession of the land and assets
in all cases, including where this is not possible due to the absence of the owners. In the case of
absence of owners, the money will be deposited to an escrow account for 3 years.
CUT-OFF DATE. Date of socio-economic Survey determining the number of PAPs and the extent
of impact on their structures and other assets. Persons who encroach on the area after the cut-
off date are not entitled to compensation or any other form of resettlement/rehabilitation
assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots)
established after the cut-off 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.
EXPROPRIATION. Means deprivation or limitation of ownership rights of property with a
compensation pursuant to market value of that property.
INVOLUNTARY RESETTLEMENT. Resettlement is involuntary when land is acquired through the
application of state powers. Actions may be taken without the displaced person’s informed
consent or power of choice.
LIVELIHOOD RESTORATION. Measures that will be undertaken to assist physically and
economically displaced PAPs to improve their livelihoods and standards of living or at least to
restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the
beginning of project implementation, whichever is higher. Assistance must continue after
displacement, for a transition period, based on a reasonable estimate of the time likely to be
needed to restore their livelihood and standards of living.
MOVING ALLOWANCE. The moving allowance is a cash compensation for costs directly
associated to moving/relocation of the household.
PAP. Project Affected Person is 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.
PHYSICAL DISPLACMENT. Loss of shelter or property caused by expropriation of land in
connection with the project, which requires the physical shifting of a PAP from his/her pre-project
place or residence, place for work or business premises.
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REPLACEMENT COST. For agricultural land, replacement cost is the pre-project or pre-
displacement, whichever is higher, market value of land of equal productive potential or use
located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to
those of the affected land, plus the cost of any registration and transfer taxes. For land in urban
areas, it is the pre-displacement market value of land of equal size and use, with similar or
improved public infrastructure facilities and services and located in the vicinity of the affected
land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the
market cost of the materials to build a replacement structure with an area and quality similar to
or better than those of the affected structure, or to repair a partially affected structure, plus the
cost of transporting building materials to the construction site, plus the cost of any labor and
contractors' fees, plus the cost of any registration and transfer taxes. In determining the
replacement cost, depreciation of the asset and the value of salvage materials are not taken into
account, nor is the value of benefits to be derived from the project deducted from the valuation
of an affected asset. It also includes costs for levelling or other preparation for new construction
or use. Costs are calculated based on the time at which the asset is being replaced, if not,
inflation is taken into account in calculating costs.
ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP). The document specifying the procedures
to be followed and the Actions to be taken to mitigate adverse effects, compensate losses, and
provide development benefits to persons and communities affected by an investment project in
cases when less than 200 persons are affected by the Project or the resettlement impacts are
minor. The ARAP should be consistent with the principles and objectives of OP 4.12 and with the
RPF.
MINOR RESETTLEMENT IMPACTS. To categorise resettlement as minor resettlement impacts all
of the following conditions have to be met: all of the PAPs lose less than 10 percent of their land,
regardless of the number of PAPs (b) the remainder of their land is economically viable; and (c)
they have no need for physical relocation.
RESETTLEMENT POLICY FRAMEWORK (RPF). RPF is a Project level document meant to clarify
resettlement principles, organizational arrangements, and design criteria to be applied to
subprojects to be prepared during project implementation. It contains clear definitions of
conditions under which the resettlement (for a specific project, a sector program or within a
political entity like a state or a province) will be planned and implemented. It defines issues like
entitlement, principles of compensation, grievance processes and other legal procedures. An RPF
is required for projects with subprojects or multiple components that cannot be identified before
project approval. The RPF should be consistent with the principles and objectives of OP 4.12.
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.
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Contents
EXECUTIVE SUMMARY ...................................................................................................................... - 9 -
Project Background ....................................................................................................................... - 9 -
Project implementation arrangements ........................................................................................ - 9 -
Sub-Project activities...................................................................................................................... - 9 -
Sub-Project Impacts ....................................................................................................................... - 9 -
1. INTRODUCTION ....................................................................................................................... - 10 -
1.1 Project description .................................................................................................................. - 10 -
1.2 Sub-Project Area description and context of the Project ..................................................... - 10 -
1.3 Sub-Project Objectives and Activities .................................................................................... - 11 -
1.4 Scope and Purpose of Abbreviated Resettlement Action Plan ........................................... - 12 -
1.5 Objectives and Principles of the Abbreviated Resettlement Action Plan ............................... - 14 -
1.6 Study methodology ................................................................................................................ - 14 -
2. LEGAL FRAMEWORK ............................................................................................................... - 15 -
2.1 The National Land Policy - The Republic of Serbia Expropriation Law ................................ - 15 -
2.2 Public interest and purpose of expropriation ....................................................................... - 16 -
2.3 Expropriation process ............................................................................................................ - 16 -
2.4 Valuation ................................................................................................................................. - 16 -
2.5 Information and consultation requirements ........................................................................ - 17 -
2. 6 Information of public importance ........................................................................................ - 17 -
2.7 Other Applicable Laws and Provisions .................................................................................. - 17 -
3. THE WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT (OP/BP 4.12) .................... - 18 -
3.1 Gap analysis between relevant national legislation and World Bank OP. 4.12 .................... - 18 -
4. MINIMIZATION OF IMPACTS ....................................................................................................... - 23 -
5. AFFECTED PEOPLE AND PROJECT IMPACTS .............................................................................. - 23 -
5.1 Overview of Project Impacts .............................................................................................. - 23 -
5.2 Local context of sub-project .............................................................................................. - 25 -
5.4 Census/Inventory ............................................................................................................... - 27 -
5.5 Socio-economic Survey ...................................................................................................... - 27 -
5.6 Socio-economic assessment of the PAPs ......................................................................... - 28 -
5.10 Public infrastructure that will be affected ...................................................................... - 32 -
5.11 Community Perception of the Project.............................................................................. - 32 -
6. COMPENSATION .......................................................................................................................... - 32 -
6.1 Key Principles .......................................................................................................................... - 32 -
6.2 Cut-Off Date............................................................................................................................ - 33 -
6.3 Eligibility.................................................................................................................................. - 33 -
6.4 Valuation procedures............................................................................................................. - 34 -
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6.5 Relocation/rehabilitation of shacks structures constructed partly on public land and partly
on private land ............................................................................................................................. - 34 -
7. GRIEVANCE MANAGEMENT & REDRESS .................................................................................... - 36 -
7.1 Organizational Arrangements for Grievance Management ................................................. - 36 -
7.2 Grievance Procedure .......................................................................................................... - 37 -
8. CONSULTATION AND PARTICIPATION ....................................................................................... - 38 -
8.1 Disclosure and consultations requirements during preparation of draft and final ARAP- 38
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9. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION TEAM............................................ - 38 -
9.1 Responsibility for Implementation ........................................................................................ - 40 -
9.2 Institutional Capacities........................................................................................................... - 40 -
10. IMPLEMENTATION SCHEDULE .................................................................................................. - 42 -
10.1 Monitoring, Evaluation and Reporting ................................................................................ - 42 -
11. COSTS AND BUDGET ................................................................................................................... - 44 -
Annexes ............................................................................................................................................ - 44 -
Annex 1 – Invitation for Public Consultation on ARAP Draft..................................................... - 45 -
Annex 2 – Request to For Access to Information of Public Importance ................................... - 46 -
Annex 3 – Socio-economic Survey Questionnaire ...................................................................... - 47 -
Annex 4 – Summary of PAP Socio-economic Survey Data......................................................... - 51 -
Annex 5 – Grievance Commission brochure ............................................................................... - 52 -
Annex 6 – Grievance registration Form ..................................................................................... - 54 -
Annex 7 – Individual invitation to consultation on draft ARAP ................................................. - 55 -
Annex 8 – Template of Signed Agreements with owners ......................................................... - 56 -
Annex 9 - Unofficial translations of signed agreements ............................................................ - 57 -
Annex 10– Grievance Commission............................................................................................... - 58 -
Annex 11 – Template of structure assessment, unofficial translation ....................................... - 60 -
Annex 12 – Pictures from Survey .................................................................................................. - 65 -
List of tables:
Table 1: GAP analysis.......................................................................................................................... - 20 -
Table 2: Data on PAPs impacted (relocation of auxiliary structures) ............................................... - 24 -
Table 3: Overview of Affected Land Plots disaggregated by gender under both impacts ............... - 25 -
Table 4: Entitlement matrix for impacts identified .......................................................................... - 34 -
Table 5: Organizational Responsibilities and Arrangements ............................................................ - 40 -
Table 6: Tentative Implementation Schedule for ARAP Niš.............................................................. - 42 -
Table 7: Assessment of cost .............................................................................................................. - 44 -
List of figures:
Figure 1: Areal picture of Nis during 2014 floods ............................................................................ - 11 -
Figure 2:Niš - Flooding and actual Project Area, river regulation works marked with red .......... - 12 -
Figure 3: Satellite image of location of structures and Roma community.................................... - 13 -
Figure 4: Structure No 1 and 2 Figure 5: Structure No 3................................................... - 24 -
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Figure 6: Structure No 4 Figure 7: Structure No 5 .................................................................... - 24 -
Figure 8: Structure No 6 Figure 9: Structure No 7 ................................................................. - 24 -
Figure 10: Roma community settlement adjacent to the river, some of the houses depicted will
not be impacted by civil works........................................................................................................ - 26 -
Figure 11: Relocation site .................................................................................................................. - 27 -
Figure 12: Demographic features of affected households ............................................................. - 29 -
Figure 13: Age and gender characteristics of households ............................................................. - 29 -
Figure 14: Education structure......................................................................................................... - 30 -
Figure 15: Household income........................................................................................................... - 30 -
Figure 16: Employment status of household members .................................................................... - 31 -
Figure 17: Pictures from focus group discussions conducted on April 20, 2016 ........................... - 32 -
Figure 18: Organization of PIU .......................................................................................................... - 41 -
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EXECUTIVE SUMMARY
Project Background
During the third week of May 2014, exceptionally heavy rains fell on Serbia. This resulted in
devastating floods causing significant economic hardship for much of the population in Serbia.
The heavy rainfall with no precedent started in early/mid-May 2014 causing massive floods,
destroying houses, bridges and sections of roads, resulting in the declaration of a national state
of emergency on May 15, 2014 (pursuant to Article 32, Paragraph 3 of the Law on Emergency
Situations, (Official Gazette of the Republic of Serbia, No. 111/2009, 92/2011 and 93/2012), across
the country, which was in force until May 23rd.
The Government conducted a Recovery Needs Assessment (RNA)1 completed in July 10, 2014
with the objective of estimating disaster effects. The RNA was presented at a donor’s
Conference convened in Brussels on July 16, 2014 in the aftermath of the natural disaster,
revealing that the energy sector was the hardest hit and significant infrastructure damaged.
On October 9, 2014 the World Bank approved an Emergency Loan in the amount of $300 million
to support the Government of Republic of Serbia to remedy existing damages and prevent future
flooding. The Project is anticipated to bring significant benefits by avoided damages to
agriculture production, land, assets, households and businesses.
Project implementation arrangements
The Floods Emergency Recovery Project (FERP) is implemented by the Ministry of agriculture and
environmental protection, namely by its PIU which recently has completed another WB funded
Project.
Sub-Project activities
The flood protection works are executed across the country where the largest vulnerabilities
were identified. The Niš Flood Protection is one of the 7 sub-projects to be implemented. Civil
works will be executed along the banks and within the basin of the Nisava River through the
settlement, in a length of 1.6 km, providing of bandwidth capacity for high water on the
upstream section in a length of L=303 m and downstream section in a length L = 900m. This
ARAP will cover the social impacts that are anticipated to take place as a result of
implementation of the Niš sub-project
Sub-Project Impacts
Niš Flood protection requires no land acquisition. Flood protection works are executed within
existing right of way, within the river basin and the river banks, owned by the Republic of Serbia
as an asset of public significance. During initial screening of the area, a Roma settlement has
been identified. The settlement is founded some 40 years ago when the nearby factory “Ineks
Morava” granted the Roma community the right to use part of the company’s land, while the
ownership of the land remained in the hands of the factory owner, an agreement honoured even
today. The factory and accompanied land has been subject to privatisation with a new owner and
a different business name and operates now under the name “Monicom LLC”. Within the
community 7 shacks (stables), were identified, without formal title, owned by 5 owners,
constructed partly on public and partly on private land (owner by “Monicom LLC”), only 3 m
away from the demarcation line i.e. the line representing the boundary of the area were
construction works will be executed. Project activities, operation of equipment and machines as
well, may increase the potential community exposure to health and safety risks and impacts,
including those associated with construction, operations and transport of raw and finished
materials, vibrations and other similar impacts. No adequate mitigation measures could be
designed to mitigate the adverse impacts to the health and safety of the affected community and
therefore, in response and in preventing adverse impacts, the shacks will be relocated. Some of
1
Republic of Serbia, Recovery Needs Assessment, 2014 http://www.obnova.gov.rs/ accessed on July
25,2016-
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the shacks are prone to collapse even without the influence of external factors and operation of
heavy machinery nearby could accelerate or even cause it. Therefore it is necessary to relocate
the structures in a controlled environment to prevent any risk to the community especially to
young children who have a limited anticipation capacity in terms of risk assessment and
immediate danger.
An asset surveys was conducted in the project area, following the declaration of the Moratorium
Area, on April 20, 2016 collecting information on details of structures impacted, both internal and
external quality, and actual purpose of use. The asset survey identified 7 shacks (stables) owned
and used by 5 different owners. The structures are mostly deteriorated rudimentary structures
and wooden buildings. A detailed overview of impacted households is presented in chapter 4.
MINIMIZATION OF IMPACTS
An alternative route for the sub-project could not have been explored and the impact area itself could not
have been avoided since the alignment is set as it follows the position of the river.
The impact to 7 shacks could not have been avoided and the relocation is, as explained earlier, a matter of
community health and safety.
After thoughtful consideration of alternatives between the PIU, PAPS, DfWM and the owner of
“Monicom LLC” , six out of seven PAPs have requested nearby relocation of their structures and
one PAP has opted for replacement of two structures since his structures are deteriorated and
prone to collapsing. The site for relocation was delineated and drawings made to find the most
suitable solution.
5. AFFECTED PEOPLE AND PROJECT IMPACTS.
1. INTRODUCTION
1.1 Project description
Following devastating floods in 2014, the Government of Serbia requested to address some of
the country's most pressing needs in the wake of this disaster. For this purpose of addressing
some of the country's most pressing rehabilitation and flood protection needs, an emergency
Recovery Loan was requested from the World Bank. The Loan was approved and signed on
October 9, 2014 in the amount of $300 million. The Floods Emergency Recovery Project is the
second largest loan ever approved by the World Bank Group in Serbia. The aim of the proposed
investments is to reduce imminent risk of recurring floods by restoring and/or improving the
function of existing infrastructure. The objectives of FERP are to help restore power system
capability to reliably meet domestic demand; (ii) protect livelihoods of farmers in flood affected
areas; (iii) protect people and assets from floods; and (iv) improve the Borrower’s capacity to
respond effectively to disasters. The Project includes 4 components: (1) Energy Sector Support;
(2) Agricultural Sector Support; (3) Flood Protection; and (4) Contingent Emergency Response.
EUR 16.72 million have been assigned to Component 3: Flood Protection.
Prior to the floods in 2014, the Government of the Republic of Serbia based on climate behaviour
and rainfall statistics assessed the need to protect Nis, among other locations, from any future
floods. Based on repair/rehabilitation urgency and considering the extent of damage and risk of
future impacts areas particularly vulnerable to floods were identified. Based on their vulnerability
they have been chosen to be one of the sub-projects to be included in the Project’s Flood
Protection Component (No 3). The sub-projects presented below were identified at appraisal
stage or by the Decision of the Government:
• Flood Protection of Nis settlement,
• Flood Protection of Smederevska Palanka settlement,
• Flood Protection of Negotin area
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• Construction of flood protection system for Donji Ljubes settlement,
• Rehabilitation of Tamis dike,
• Erosion protection and rehabilitation works on left bank on the Sava River
• Rehabilitation of the left bank embankment on the Danube River on section B. Palanka
town and Smederevo town.
This ARAP is prepared for the Flood Protection of Nis.
1.2 Sub-Project Area description and context of the Project
During the 2014 floods, the Nišava river caused severe floods, affecting Niš severely.
Figure 1: Areal picture of Nis during 2014 floods
Niš is the city of southern Serbia and the third-largest city in Serbia. According to the official
census in 2011, the city has a population of 183,164 inhabitants while urban area of Niš (with
adjacent urban settlement of Niška Banja included) has 187,544 inhabitants. The total area of the
City is 597 km².
The following are some of the expected benefits from the proposed flood control in the context
of implementation of the Project and the sub-project “Protection of Nis:”
avoided damages of agriculture production on land likely to suffer frequent floods;
avoided damages of assets (private houses; apartment houses; industrial facilities;
roads, electricity, schools, kindergartens, health facilities and other public buildings);
avoided losses of business due to uninterrupted production, provision of services,
interrupted communications, traffic disruption, etc.;
avoided human health costs due to reduction of pollution in the water supply
Systems, reduced water borne diseases, and reduced risks of human life losses;
increased recreation benefits including potential for tourism development;
indirect economic development effects.
Targeted flood protection and drainage investments aim to reduce expected losses and generate
substantial economic benefits justifying the investment costs. This includes a direct positive
impact on the livelihoods of project beneficiaries, as losses – including public infrastructure,
agricultural and livestock production, as well as family household assets - are significantly
reduced with construction of flood protection infrastructure
1.3 Sub-Project Objectives and Activities
The activities to be implemented under the Niš sub-project are:
- works on regulation of river bed of Nisava River, through the settlement, on section with
length of 1.605m (from km 11+340 to km 12+945),
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- works that provide bandwidth capacity and stabilization of the riverbed on upstream
section with length of 303 m (km 12+945 to km 13+248).
- cleaning of the riverbeds (removal of shrubs and trees,
- slope protection with type-rock embankments
- reconstruction of two spills on collectors, and
- spill insurance for main city collector Ø1500mm, immediately downstream of Medosevac
bridge on the left bank.
The focus is embankments of the river and four different types of works are proposed:
1. Construction of Flood Protection structures,
2. Reconstruction of the weak points on the embankment,
3. Upgrading sections of embankment from the 1:25 year flood to the 1:100 year flood, and
4. Bank armouring in locations where erosion of the riverbank may undercut the
embankment.
Project location is depicted in figure 2 below and marked with red line.
Figure 2: Niš - Flooding and actual Project Area, river regulation works marked with red
1.4 Scope and Purpose of Abbreviated Resettlement Action Plan
Although it is not anticipated that the sub-project will require land acquisition, its implementation
will cause relocation/replacement of sheds used to support the affected communities’ economic
activities which is why an Abbreviated Resettlement Action Plan is prepared. 5 shacks are
constructed on private land owned by “Monicom LLC” and 2 shacks are constructed on public
land owned by the DfW Niš. Out of concern for the community’s health and safety, the contract
for construction works require relocation of all 7 movable structures (stables/shacks), owned by
5 different owners. The shacks were constructed in 2013, and the construction was partly
financially supported by the owner of the land on which they were constructed. Since the
construction of these structures, they have been in possession and use by 7 Roma families. The
shacks facilitate the communities’ economic activities and are used for accommodation of horses
(one shack) and waste collection and metal works (some for storage of miscellaneous articles
and recyclable waste and other material (steel, iron, reinforcement etc.).
The proposed mitigation measure is to relocate the shacks only a few meters from the current
location as not to cause negative impacts on the communities’ economic activities. The owner of
the factory “Monicom LLC” from Nis (former Inex Morava), who hosts 5 shacks currently has
agreed to designate a land parcel on his property to allow for relocation of shacks constructed
on the company land as well as those constructed on public land (7 in total). The relocation site
was agreed upon in consultation with the Project-affected Persons (PAPs) and continues to be
adjacent to the communities’ living area. The impact area and relocation site are depicted on
figure below. Removal of the affected structure is pending and will be executed as per schedule
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presented in this ARAP, but not before the full consent about compensation or relocation
assistance has been agreed with the affected persons. The relocation of the structures is subject
to the appropriate schedule to be agreed with the PAPs. Detailed description of impacts is given
in chapter 5. AFFECTED PEOPLE AND PROJECT IMPACTS and tentative schedule of
implementation in chapter 10. IMPLEMENTATION SCHEDULE.
Figure 3: Satellite image of location of structures and living areas of Roma community
In accordance with the Loan Agreement, a Resettlement Policy Framework (RPF)2 for the Project
was prepared, approved by the World Bank and relevant Serbian authorities and publicly
disclosed in 2015 and is the guiding document for preparation of this ARAP.
The scope of work undertaken during the ARAP preparation included:
Screening of project area,
Survey of projected affected area, land and property there on;
Walk through the project area as field verification of location of land required, use of land
required, Presence of public or community infrastructure, number of affected persons,
2
See RPF for FERP, availalble at http://www.rdvode.gov.rs/, accessed on July 25, 2016
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Census of the PAPs including persons and their land, assets and property thereon;
Socioeconomic assessment of the PAPs;
Identification of assets and properties likely to be affected
Analysis of valuation of the assets and property thereon to be compensated/relocated or
replaced;
Consultations with Project Affected Persons (PAPs)
Analysis of the legal framework;
Analysis of institutional framework covering the identification of agencies responsible for
Establishment of adequate Grievance mechanism
Analysis of negotiated procedures, including offers made, considered and accepted.
1.5 Objectives and Principles of the Abbreviated Resettlement Action Plan
This ARAP, and its detailed provision, is prepared according to the Laws and regulations of
Republic of Serbia and the Resettlement Policy Framework (RPF) prepared for this Project, which
is consistent with the World Bank’s OP 4.12. The objective of this ARAP is to specify the
procedures to be followed and the actions to be taken to properly compensate (i.e., relocate or
replace) loss of assets by allowing and providing for adequate participation, consultation and full
functioning of the grievance mechanism. Furthermore the plan sets out actions on how to avoid
and mitigate any potential negative impacts, including how to assets and provide prompt and
effective compensation for residual impacts, if any should occur. The objectives set in this ARAP
shall be adhered to regardless of the scope and scale of impact.
This ARAP specifies the following:
Detailed procedures to be followed by Directorate for Water (DfW/PIU), City of Nis in
respect to consultation and disclosure;
Provide baseline census of affected persons and asset information;
Describes specific compensation rates and standards
Describes mitigation measures and procedures;
Describes consultations with affected people about acceptable alternatives and
mitigation measures;
Describes institutional responsibility for implementation and procedures for grievance
redress;
Provide a timetable and budget;
Provide Implementation and monitoring arrangements.
The RPF and subsequently this ARAP are in line with the local legislation and OP 4.12. In case of
discrepancy between local legislation and OP 4.12, the more stringent requirements will prevail.
The preparation of this document has been guided by the WB Involuntary Resettlement
Sourcebook: Planning and Implementation in Development Projects (2004), the Social
Framework for Projects and good practice cases as well, but application of individual measures
have been chosen based on consultation with PAPs to reflect the project specific needs.
This ARAP is tailored to cover identified direct economic and social impacts that both result from
Bank assisted investment projects and are caused by:
Relocation of asset.
1.6 Study methodology
The preparation of this ARAP was through a combination of desk and field study. The desk study
involved review of project documentation including maps for the project sites, cadastral records,
municipal database on PAPs and their assets, expropriation records, and preliminary technical
designs. The desk study was supplemented with surveying of the project sites to establish the
exact impact of the proposed subprojects in terms of required land and affected property and
assets to create an inventory of PAPs and their assets. The field survey consisted of conducting
household census of identified PAPs; conducting social assessment of the subproject sites along
the 1600 m long corridor of impact along the River of Nisava, socioeconomic study of the PAPs as
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well as census and assessment of the assets. The Census was prepared on the basis of individual
interviews. Secondary data were used in addition to generated primary data obtained through
the PAPs and interviews with government officials and non-government officials about PAPs and
their assets. During analysis and interpretation of the gathered data equal weight was given to
quantitative and qualitative aspects so that it reflects a balanced reality of the current situation
of the PAPs. The data generated shall serve as baseline conditions against which the living
standards shall be compared to during the follow up survey in the Completion Report.
The census of people affected by the project is a key initial stage in the preparation of the ARAP.
The Project demographic data can serve four important and interrelated functions:
Enumerating and collecting basic information on the affected population,
Registering the affected population by residence,
Establishing a list of legitimate beneficiaries before the properly announced moratorium
or cut-off date that counters opportunistic claims from those moving into the Project
Area solely in anticipation of benefits,
Laying a framework for subsequent socio-economic research needed
2. LEGAL FRAMEWORK
2.1 The National Land Policy - The Republic of Serbia Expropriation Law
The Republic of Serbia Expropriation Law (passed in 1995 and enacted on January 1, 1996,
amended in March 2001, amended again on March 19, 2009, and 2013 by the Constitutional Court
ruling) guides expropriation and serves as a general framework for expropriation in the Republic
of Serbia. The law also enshrines the principle of compensation at market value.
The most important features of the Law on Expropriation are:
It is intended to ensure simple, efficient process, reducing as far as possible the need for
a lengthy judicial process to facilitate necessary expropriation. Under normal circumstances, the
entire process of acquisition can be completed within six months;
The fair value of the land affected by a particular scheme, or project, is determined by the
Tax Administration, on behalf of the “Beneficiary of Expropriation”. The value is assessed on the
basis of current market price;
In the case of privately owned agricultural land, if comparable land of the same type and
quality, or the appropriate value, in the same area or vicinity (Article 15 of the Expropriation Law)
can be identified, it is offered to the project affected person with formal title;
The comparability of land is determined on the basis of an assessment of the available
public land, by an accredited expert hired either by the Beneficiary of Expropriation, or the
Ministry of Agriculture and Environmental Protection (MAEP);
In case of disagreement on the comparability of the land offered, a different accredited
expert would be hired by the local municipality to determine the comparability of the land
offered;
Further disagreement would result in the project affected person resorting to the judicial
process, where a decision would be made on the comparability of the land, or the payment of
the assessed fair value in monetary terms;
If the Project affected person does not opt for land-for-land compensation s/he is offered cash;
Where comparable land cannot be identified, the project-affected person with legal title
is offered the assessed fair value as determined by the Tax Administration. If the project affected
person wishes to challenge the assessment of “fair value” they can resort to the judicial process;
For the project affected person, without formal title, there is no provision to pay
compensation currently under the Law on Expropriation;
In addition, after the passage of the Law on Planning and Construction (passed in 2009
and amended in 2011), it is a criminal offense to construct any structure without a building permit
on either public or private land; and
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In the case of a project-affected person, with a formal title, who has constructed a
permanent structure, without a formal building permit, compensation can be paid, if decided by a
Court, under the Law on Fundamentals of Property Relations (1980, applicable from 1st
September 1980, amended 1990, 1996 and 2005) in terms of the investment made – as
determined by an accredited Expert to assess the value of the materials used.
2.2 Public interest and purpose of expropriation
Property can only be expropriated upon the establishment of public interest for projects that
bring greater benefit for the public (Law on Expropriation, Art. 1).
Expropriation may be carried out for the needs of Republic of Serbia, cities, municipalities, public
enterprises and public institutions, unless otherwise provided by the Law.
The Law on Expropriation requires the Beneficiary of Expropriation to justify the need for
expropriation and to demonstrate that the scheme cannot occur without the proposed
expropriation. The declaration of public interest/use is a special procedure, which precedes and
enables any property acquisition and expropriation.
In case of expropriation for the Nis sub-project no expropriation is needed and hence no public
interest has been established.
2.3 Expropriation process
A condition to start expropriation is the existence of evidence that the required funds have been
secured and made available. It is necessary for the Beneficiary of Expropriation arranging a Bank
Guarantee with a Commercial Bank for the assessed fair value or in case of Local Governments is
the Beneficiary of expropriation adequate appropriations within the Budget are made (Art. 24).
The procedure for expropriation starts with a proposal for expropriation, submitted by the
Expropriation Beneficiary to the relevant Municipality (“the expropriation authority”). A
concrete expropriation proposal is prepared for each project-affected person that contains the
amount of land involved, the assessment of fair value for any immovable property, the
justification of the need for the specific expropriation, together with the confirmation that the
scheme is included in the relevant regional and/or spatial plan.
Once the proposal has been submitted with supporting documentation individual invitations to
hearings on expropriation are sent to every PAP. The invitation specifies the purpose, time and
date of hearing proposed and provides the PAPs with a list of documents to be made available
for presentation and discussion at the agreed time.
After the hearing with the individual PAP has been finalized an Expropriation decision is issued.
2.4 Valuation
At the valuation stage, the Beneficiary of Expropriation contacts the Taxation Administration for
the assessment of fair value for all land. In the specific case of agricultural land, the Beneficiary of
Expropriation contacts the MAEP, which provides an assessment of the availability of
comparable agricultural land. In addition, the Beneficiary of Expropriation hire, at its own
expense, through the relevant City, an accredited expert(s) to assess the value of the land,
agricultural output, businesses, and all immovable property and structures in accordance with
paragraph 28(iii). At the request of the project-affected persons, they can be present during the
valuation process
In the event that the PAPs disagrees with the offered compensation in either form, they can
resort to the judicial process, and the Beneficiary of Expropriation can request the Ministry of
Finance, on an exceptional basis, to allow access to the site with assistance (Article 35). The
decision is being issued on a case to case basis assessing all relevant facts of the individual case.
Based on the objectives of the Project, works to be executed are considered as urgent and
access to site could be allowed. This instrument will not be used since there will be no
expropriation.
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The Beneficiary of expropriation is not required to prepare a socio-economic study or a baseline
census with regard to the project affected persons.
Once the decision cannot be disputed by legal remedies it becomes legally binding and the
negotiations on the compensation is ready to commence. The Agreement has to include the
timing and rate at which cash compensation will be paid or in kind compensation provided (Art.
26). If no agreement on compensation is reached within 2 months of the validity of the Decision
on Expropriation (or less if the Municipal Administration decides as such), the Municipal
Administration submits the valid Decision together with other relevant documents to the
competent Court, at the territory of which the expropriated real property is located, for the
purpose of determining the compensation. The competent court ex officio decides in non-
contentious proceedings on the amount of compensation for the expropriated property.
2.5 Information and consultation requirements
The Law on expropriation does not require per se public dissemination of information on the area
delineated, and systematic and continuous dissemination. Nevertheless it requires public
disclosure of the determination of Public interest and the Municipal authority to invite
individually every affected person with formal legal rights to a meeting to present any facts
which may be relevant for expropriation. It additionally requires timely dissemination and
information of every decision within the process flowchart. This dissemination has statutory
limits wherever a legal remedy is provided.
2. 6 Information of public importance
Information of public importance is information held by a public authority body, created during
or relating to the operation of a public authority body, which is contained in a document and
concerns anything the public has a justified interest to know. The Law on information of public
importance (Official Gazette RS", br. 120/2004, 54/2007, 104/2009 i 36/2010) requires any
document publicly disclosed to have integrated guidance on how to access information of public
importance.
This subject is governed by the Law On Free Access To Information Of Public Importance3 shall
govern the rights of access to information of public importance held by public authorities, with a
view to exercising and protecting the public interest to know and attaining a free democratic
order and an open society.
By virtue of this Law access to information shall be granted to all stakeholders, including every
natural person or legal entity upon written request unless otherwise regulated by the Law.
Within 15 days of receipt of a request at the latest, the authority shall inform the applicant
whether the requested information is held, and grant him/her access to the document containing
the requested information or issue or send to the applicant a copy of the document, as the case
may be. Annex 2 provides a template for access to information.
2.7 Other Applicable Laws and Provisions
Besides the Law on Expropriation, the following comprise the list of legal documents, policies
and regulatory acts and frameworks dealing with expropriation and resettlement and other
social impacts associated with flood protection works, representing basis of this ARAP:
1. Law on Fundamentals of Property Relations (adopted in 1980, amended 1990,
1996 and 2005)
2. Law of Planning and Construction (adopted and corrected in 2009, and amended
in 2011)
3. The Law Of Contract And Torts
4. Law of Agricultural Land (adopted in 2006, amended in 2009)
5. Law on State Cadastre (adopted in 2009, amended in 2010)
Official Gazette Republic of Serbia No. 120/2004, 54/2007, 104/2009 and 36/2010)
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6. Law on Spatial Planning of the Republic of Serbia from 2010 to 2020 (adopted in
2010)
7. The Law on Elimination of the Consequences of Floods In Serbia (adopted in 2014
amended in 2015 and 2016)
Below are the most important features of the laws applicable to this type of impact
The Law on Fundamentals of property law relations
The Law on foundations of property law relations ("Official Gazette of the Socialistic Federal
Republic of Yugoslavia", No. 6/80, 36/90,"Official Gazette of the Federal Republic of Yugoslavia",
No. 29/96 and "Official Gazette of the Republic of Serbia", No.115/2005) stipulates fundamental
provisions of property relations, including ownership rights substance, subjects of ownership
rights, co-ownership and joint ownership rights, acquiring the right of ownership, right on yields
emanating from owned thing, possession rights, ownership acquired by adverse possession,
ownership relations deriving in situations when structures was built on someone else's land,
protection of ownership rights, protection of possession, cessation of ownership rights, etc. This
Law in addition to the Law of Contracts and Torts will be guiding the compensation principles for
damages.
3. THE WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT (OP/BP 4.12)
All WB financed projects involving involuntary resettlement are subject to OP 4.12. The policy
describes the procedures and instruments for eliminating negative economic, social and
environmental issues that may arise OP 4.12 is triggered not only in cases of physical relocation,
but any loss of land resulting in relocation or loss of shelter, loss of assets or access to assets and
loss of income sources and means of livelihood.
The overall objectives of OP 4.12 are the following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring
all viable alternative project designs.
(b) Where it is not feasible to avoid resettlement, resettlement activities should be
conceived and executed as sustainable development programs, providing sufficient
investment resources to enable the persons displaced by the project to share in project
benefits. Displaced persons should be meaningfully consulted and should have
opportunities to participate in planning and implementing resettlement programs.
(c) Displaced persons should be assisted to improve their former livelihoods and
standards of living or at least to restore them, in real terms, to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is higher.
OP 4.12 distinguishes the following three categories of persons for eligibility for compensation
and assistance:
a. Persons with formal rights to land (including customary and traditional rights recognized
under the laws of the country).
b. Persons who do not have formal rights to land at the time the census begins but have a
claim to such land and assets - provided that such claims are recognized under the country laws
or become recognized through a process identified in the specific resettlement plans.
c. Persons without recognizable legal right or claim to the land they are occupying.
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3.1 Gap analysis between relevant national legislation and World Bank OP. 4.12
The objectives of OP. 4.12 are clear in their aim to avoid involuntary resettlement caused by land
acquisition measures wherever feasible and if not possible to apply such compensation principles
for impacts on all PAPs and to restore their livelihoods at least to pre-project level. In general, the
institutional framework for expropriation in Serbia is strong and broadly compatible with the OP.
4.12, but there are some exceptions, especially related to the requirements to compensate at
replacement cost for land vis-à-vis the national requirement of compensating land at market
value without payment of taxes and fees as part of compensation package. Additionally, the
national law does not recognize informal users, occupiers and settlements. It does not require a
project specific grievance redress mechanism, a social impact assessment, gender disaggregated
data and assistance to vulnerable persons.
The table below provides an overview of specific gaps between the national expropriation law
vis-à-vis OP 4.12 and the recommendations for remedy and/or mitigation in order to comply with
the OP 4.12 requirements. Only gaps relevant for impacts identified under this ARAP are
presented.
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Table 1: GAP analysis
Requirements of World Bank OP 4.12 Gaps and measures for bridging
Serbian Law on Requirements the gaps
Issue
Expropriation
Census and No explicit Census and Census and socioeconomic
Socioeconomic requirement socioeconomic survey conducted according to
Survey related with socio- survey to be made WB requirement in addition to
and economic studies for ARAP. The study requirements under National
Abbreviated or development of should include Legislation
Resettlement any kind of information on (i)
Action Plan resettlement current occupants in
(ARAP) instrument the affected area, (ii)
regardless of the characteristics of
extent of impact. displaced households
Nevertheless the and their standards
Law requires an of living and
inventory of livelihoods, (iii)
affected persons magnitude of
and assets without expected losses and
socio-economic extent of
baseline and displacement, and
indicators. (iv) information on
vulnerable groups or
persons.
Cut-off Date for The Law stipulates Normally, the cut-off The cut-off date for purposes
Eligibility that the cut-off date is the date the of eligibility shall be the date of
date for eligibility is census begins. The beginning of the census.
the date of cut-off date could A Moratorium notice informing
submission of the also be the date the the general public of the
proposal for project area was declaration of cut-off date was
expropriation by delineated, prior to disclosed on April 20, 2016.
the expropriation the census, provided Disclosure was in the form of
beneficiary to the that there has been Notice pinned to the affected
relevant an effective public structures.
municipality. dissemination of
information on the Information was provided and
area delineated, and implications explained during
systematic and the conducting of baseline
continuous census on April 20, 2016.
dissemination
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Requirements of World Bank OP 4.12 Gaps and measures for bridging
Serbian Law on Requirements the gaps
Issue
Expropriation
subsequent to the
delineation to
prevent further
population influx.
Persons who
encroach on the area
after the cut-off date
are not entitled to
compensation or any
other form of
resettlement
assistance.
Eligibility for The Law only According to WB OP As per Project RPF, project
Compensation recognizes formal 4.12, there are 3 affected persons who
(informal) ownership and categories of persons constructed buildings without
persons without in terms of permits, who have been using
formal right but compensation public or private land are
have a claim to eligibility: entitled to
such land and compensation/assistance for
assets - provided a) Those who have any investment made on public
that such claims are formal rights to land and private land in the cost of
recognized under structures and installations
the country laws or b) Those who do not (under the Law on
become have formal rights to Fundamentals of Property
recognized. land at the time the Relations (1980, applicable
census begins but from 1st September 1980,
have a claim to such amended 1990, 1996 and 2005)
land and assets, in terms of the investment
provided that such made – as determined by an
claims are recognized accredited expert to assess the
under the laws of value of the materials used,
Bosnia and crops, woods, trees, fruit
Herzegovina or bearing trees, vineyards, the
become recognized age of crops and the time
through a process needed to reproduce them.
identified in the These rights do not extend to
ARAP individuals who commence
activities, either in the form of
c) Those who have no cultivation or the construction
recognizable legal of any immovable property,
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Requirements of World Bank OP 4.12 Gaps and measures for bridging
Serbian Law on Requirements the gaps
Issue
Expropriation
right or claim to the after the cut-off date.
land they are
occupying
Compensation The valuation for With regard to In determining the replacement
at replacement structures and land structures, cost of the affected land or
asset, the cost of market value
value is based at the "replacement cost" is
plus taxes and fees, if any, will
prevailing market defined as follows:, be taken into account. In case
price and For houses and other of valuing the cost of affected
circumstances at structures, it is the structures, the depreciation
cost of structures will not be
the time when the market cost of the
taken into account and the
agreement is materials to build a estimation of costs will be
signed. replacement assessed on how much it will
structure with an cost for building a new one of
area and quality the same quality. The valuation
of affected structures will also
similar to or better take into account value of time
than those of the invested in construction and
affected structure, or applicable taxes, if any.
to repair a partially Sub-project caused relocation
affected structure, will not impose any taxes since
plus the cost of the relocation itself will be to
another land plot owned by the
transporting building same owner.
materials to the
construction site,
plus the cost of any
labor and
contractors' fees,
Grievance Besides officially Appropriate, The independent grievance
Redress recognized affordable and committee was established on
May 15, 2016 comprising of:
To serve for institutions and accessible
issues related to legal remedies for procedures for third- DfW, PIU representative and
project affected persons
relocation of appeals no other party settlement of
representative delegated by
structures and procedure for disputes arising from the project affected persons.
arising during settlement of resettlement must be
construction. Grievances is established; such
required grievance
mechanisms should
take into account the
availability of judicial
recourse and
community and
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Requirements of World Bank OP 4.12 Gaps and measures for bridging
Serbian Law on Requirements the gaps
Issue
Expropriation
traditional dispute
settlement
mechanisms.
Monitoring & No specific The Borrower is The PIU will be responsible for
Evaluation monitoring responsible for monitoring in line with the
procedures are requirements set out in the RPF
adequate monitoring
required and this ARAP.
and evaluation of the
activities set forth in
the resettlement
instruments.
4. MINIMIZATION OF IMPACTS
An alternative route for the sub-project could not have been explored and the impact area itself could not
have been avoided since the alignment is set as it follows the position of the river.
The impact to 7 shacks could not have been avoided and the relocation is, as explained earlier, a matter of
community health and safety.
After thoughtful consideration of alternatives between the PIU, PAPS, DfWM and the owner of
“Monicom LLC” , six out of seven PAPs have requested nearby relocation of their structures and
one PAP has opted for replacement of two structures since his structures are deteriorated and
prone to collapsing. The site for relocation was delineated and drawings made to find the most
suitable solution.
5. AFFECTED PEOPLE AND PROJECT IMPACTS
5.1 Overview of Project Impacts
As already stated earlier, the Flood protection Project of Niš is executed within the right of way
on the river basin. Due to ad hoc construction without a valid building permit some of the
affected shacks are partly stretching over public land, next to the river bank. The river basin is
owned by the Republic of Serbia as an asset of public interest. The following sub-project impacts
have been identified:
Relocation of 7 auxiliary structures/ constructed partly on public land and partly on
private land, mainly on the very boundary of the river basin, preventing safe works.
Pictures below show the location, environment and condition of the structures impacted.
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Figure 4: Structure No 1 and 2 Figure 5: Structure No 3
Figure 6: Structure No 4 Figure 7: Structure No 5
Figure 8: Structure No 6 Figure 9: Structure No 7
The Tables below show detailed data on numbers of PAPs by type of impact.
Table 2: Data on PAPs impacted (relocation of auxiliary structures)
Number of Types of auxiliary
auxiliary structures
Number of structures affected
PAPs affected by
permanent land
acquisition
5 7 Stable /shacks
The disaggregation of inventory of owners revealed that out of 5 owners all are men. They are
the users of the shacks for their dominants purposes and activities.
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Table 3: Disaggregation of PAPs by gender
Number of Percentage
owners
Ownership
(including co-
owners)
Women 0 0%
Men 5 100%
Total 5 100%
5.2 Local context of sub-project
The Roma settlement was founded in the sub-project area some 40 years ago when the nearby
factory has transferred right to use a part of its land to some Roma families , while the ownership
of land remained in the hands of the factory owner, an agreement honoured even today after
the privatization of the factory, apparently beneficial for both parties.
Today, a community of seven Roma families is living in seven different households approximately
30 m away from the future civil works and the demarcation line for this sub-project. Some of the
household members are working and temporarily living in Austria supporting their families. The
community exhibits a significant degree of life stability, conformity with the local community and
urbanization. Houses are made of solid materials and are in fair condition. The Roma settlement’s
main source of livelihood is through organized family businesses, the assemblage of secondary
raw materials: various metals such as iron, aluminium, and copper, waste paper, plastic and glass
for recycling. The community approaches the activity as any other enterprise - respecting
working hours, labour division and other business rules. The activity is conducted in a traditional
way, using horse carts for transportation. The secondary raw materials are stored in 6 out of the
7 shacks to be impacted by the sub-project and 1 shack is used for accommodating 1 horse. All 7
affected shacks will be impacted by the project and will be subject to relocation. The primary
reasons are the community health and safety standards.
The residential structures, some of which are shown in picture below are not affected.
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Figure 10: Roma community settlement adjacent to the river, some of the houses depicted will not be impacted by civil
works4
In addition to houses, on the factory land the settlement built wooden stables where five horses
are kept. These stables will not be affected. Horses are used as part of the Roma heritage as
working animals, they are well fed and fairly kept. Other seven barracks are remote and away
from the zone of direct influence of the construction works and will not be influenced by the
project in any way, nor will construction works endanger its stability or usage in the same manner
as it was used so far.
During several visits and community consultations held on January 26, 2016, February 20, 2016,
April 20, 2016, May 15, 2016, finally August 18, 2016 alternatives have been discussed thoroughly
and it has been agreed that five shacks will be relocated and two re-erected depending on their
current make-up and technical constraints.
5.3 Mitigation measures: Relocation and re-construction
Their physical conditions of the 7 affected shacks have determined the mitigation measures. Two
shacks, currently in very poor physical conditions and prone to collapse, will be re-erected from
solid materials on concrete floors. Some of the material adequate to be saved will be used to re-
erect the structures. Any of the material not possible to be used will be replaced by new items
necessary to upgrade the condition of the shacks.
The other 5 shacks are mainly constructed out of pre-casted wood panels, and other detachable
material. This makes the disassembling the shacks fairly simple and allows their relocation with
exception of binding elements (nails, screws, etc.) all of which will be replaced by new ones.
Their condition shall be improved by concrete floor as well.
It has taken several meetings to finally determine the re-location site by means of agreement
between all owners individually and the owner of the factory providing the relocation land. The
re-location site is close, approximately 15 m, to the original location. The location is depicted on
Figure 3. The Meetings have been moderated by the PIU ensuring transparency, full
understanding of the options as well as committing to the relocation package. All parties have
signed off to the agreements (see annex 8 and 9), and finally the place where the storage shacks
will be relocated has been prepared as can be seen in the picture below. The site has been
fenced, the soil prepared and gate constructed at the expense and the land of the owner of the
factory “Monicom LLC” who has agreed or rather volunteered to do so.
4
Photograph taken during census survey on April 1,2016 and used with permission of community members
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Figure 11: Relocation site
The Site has been fenced with high fences preventing intruders to climb over and illegally take the
recyclable material which will be stored here. The Location has been provided with a gate and lock
accessible at all times to affected community. The Picture above shows ground works already
ongoing. Foundations are being laid and constructed for those structures that could not have been
relocated intact due to their deterioration. The brick wall in the picture behind is actually a storage
house with a solid roof and floor. The front wall will be cut through thus opening an entrance and
will facilitate storage of those stables that can be dismantled and erected again without damages.
During relocation/reconstruction of shacks, the community’s economic activities and dynamics of
the recycling operations have been taken into account. e Horses shall be accommodated in one of
the stables not impacted by the Project, as depicted in Figure 3 ((stable not impacted are marked by
the blue rectangle shape). All recyclables will be stored in movable containers, already provided on-
site by the company that buys the collected materials. Such storage of material has been used for
some time. During the relocation/reconstruction period during, horses will have adequate shelter
and there be adequate space for temporary storage of recyclable material. Assets not requiring
shelter (e.g., carriage) will be stored on the plot designated for relocation of impacted structures,
already fenced and secured with gate and lock. Thus, there will be no disruption to the community’s
economic activities and loss of livelihoods during relocation/reconstruction.
5.4 Census/Inventory
The Census/Inventory of all PAPs was developed in order to gather and analyse data and
information required to identify all categories of impacts, people affected by construction works
and sovereignty to be exercised over occupied public land, including replacement of assets
affected by the Project. The Census was prepared on the basis of individual interviews.
The Census contains data on the following:
(i) Location and Cadastral Municipality,
(ii) Land plot number,
(iii) Type of impact,
(iv) Name of PAP (owner or user),
(v) total area of land owned (m2).
(vi) total area of land to be affected (m2)
(vii) type of asset on land affected.
(viii ) other information relevant for individual cases.
The summarized version of the census database is provided in Annex X of this ARAP. And the
detailed excel file is accompanying this document as a separate file.
5.5 Socio-economic Survey
The Socio-economic survey was conducted by a surveyor with extensive background and
experience in resettlement in WB funded Projects with the support of the Municipality of Nis, the
PIU and the DfWM of Nis.
For purposes of the Survey an announcement/invitation, adequate both in time and place was
issued by the PIU unit and administered by the PIU and DfWM of Nis.
The Socio-economic Survey was conducted on April 20, 2016 at their homes. Pictures of survey
are presented in Annex 12.
The Socio-Economic Surveys were undertaken after all assets and crop surveys were completed.
These surveys gathered detailed information at a household and individual level on current living
standards, incomes and livelihoods. The objectives of the Socio-Economic Surveys were to
ARAP Niš Page - 27 -
identify potential adverse impacts on PAPs and potentially vulnerable people and households;
and to serve as a baseline to measure effectiveness of resettlement plans and mitigation
measures. Surveying was also used to solicit the opinions of the PAPs about the Project impacts
and compensation payments and acceptable suggestions for mitigation measures; to obtain
specific data on current livelihoods and living conditions of PAPs as well as to glance at the
community perspective of the FERP.
The surveying served additionally to present the details of the Project with relevant maps where
all spots with mitigation measures were pinned. During the survey, all the PAPs were given the
contact phone numbers of the Supervising Engineer and the Engineer from the DfWM for liaison
and daily communication in case they wanted to add suggestions after the survey or had another
concern to voice.
The questionnaire used for the survey was structured as semi open-ended. The template used
during the Socio-economic Survey is provided in Annex 3 – Socio-economic Survey Questionnaire.
The dataset gathered during the Socio-economic Survey provides a baseline of detailed socio,
economic, household demographic and other relevant data for the Project Affected Population.
The summary of the key data collected through the Socio-economic Survey are provided in Annex
4 to this ARAP (the full database is in the form of a separate Excel document). The sensitivity of
data obtained and the restriction imposed under the national law has driven the decision that
confidential information about individual persons and properties will not be publicly disclosed.
This was specifically pointed out in the invitation, but was as well requested by the interviewed
PAPs.
5.6 Socio-economic assessment of the PAPs
In addition to basic demographic data (age, sex, family size), social and economic information
(ethnicity, health, education, occupation, income sources) were gathered from the affected
people. This information provides the implementation authorities with a general understanding
of the communities affected by the project, and the scope of compensation and resettlement
assistance necessary to mitigate adverse effects.
Particular attention will be given to vulnerable groups living in the Project Area. These groups
may include households headed by women, people with disabilities or chronic illnesses and
elders.
The detailed Socio-Economic Surveys covered the following main topics:
• Demographic Information
• Household Composition
• Education & Skills Base
• Economic Activities & Livelihoods
• Household Incomes
• Health & Welfare
5.6.1Owners
Out of a total of 5 private owners of 7 auxiliary structures 4 attended the survey which represents
80% of the universe of affected owners.
5.6.2 Demographic features of households
The result demonstrated that amongst the interviewed there were no women headed nor single
headed households and headship of households is dominated by males. Women are not users of
shacks but benefit indirectly from the income generated. It further demonstrated that the
average household size is 4 household members which is above the national average size of 2.885
5
Source: 2011 National Population Census
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persons per household. The survey showed 50% of households to comprise of 5 members,
followed by equal (25%) of four and three membered households. Further analysis showed that
usually two and more generation live together. Household features are presented below.
Demographics of household
Five membered
25%
50% Four membered
25%
Three membered
Figure 12: Demographic features of affected households
5.6.3 Gender and age structure of Respondents
None of the respondents were women. But almost all wives of respondent were present during
the survey. The formal title of ownership is still dominantly placed into what appears to be a total
universe of male owners. Nevertheless the survey demonstrated there are a slightly higher
number of females in households 53% as compared to 47% of male members. The largest cohort
represents the so called group of active employment status. Further there is an equal distribution
of 18% of cohorts aged 0-14 and 15-18.
Age structure in Gender structure in
PAP's households PAP's households
Age 0-14
Female
Age 15-18
Male
Age 19-65
Figure 13: Age and gender characteristics of households
5.6.4 Education
The analysis of the respondent’s answers identified a fairly poor education background. Despite
the poor formal levels of education all of the respondents are literate. It should be noted that all
of the respondent are bilingual speaking Serbian and Roma language. The proxy for measuring
was the ability to read and write both.
ARAP Niš Page - 29 -
Education structure in PAP's households
Not reached
Elementary school school age
Elementary, No formal
finished 7 grades education
Elementary,
Elementary, Elementary, finished 2 grades
finished 5 grades finished 4 grades
Figure 14: Education structure
5.6.5 Health care
There are four different types of health facilities, namely clinics, hospitals, ambulances and
pharmacies accessible to the PAPs. Given the settlement is in a highly urban area no impediments
in accessing the health care services were identified. The entire respondent universe and their
household members are covered by health insurance.
There were no patterns i.e. any repetition and spread of the same disease within household. The
most common health problems are high blood pressure, asthma and cardiovascular diseases.
These are the most common reasons for visiting the health care facilities. Other reasons for
seeking medical attention included accidents, dental cases, ear nose and throat infection, and
eye problems, pre and post natal care. These disease patterns are in line with the national and
district figures as recorded in the year preceding this baseline study
5.6.6 Sources of Livelihood for the affected person and monthly income
Most of the income comes from informal economy. All 5 households are engaged recyclable
waste collection mostly paper, plastic and tin cans. Twice a week the collected material is being
weighted, counted and paid by the local community recycling centre. 4 households receive
unemployment support from the unemployment bureau. Three households or 60% reported
monthly income between 10.000,00 and 40.000,00 RSD (81,3 and 325,20 EUR , 90$ and 362,64 $)
The minimum wage in Serbia in July 2016 was 20,328 RSD (165,2 EUR or 184 $ equivalent) a month
per equivalent adult and only one household had incomes below this threshold. When asked to
self-assess their economic situation and financial status all of them self-perceived their status as
acceptable but hard.
Household income
3.5
3
2.5
2
1.5
Household income
1
0.5
0
<10000 RSD 10000-40000 RSD 40000-70000 >70000 RSD
RSD
Figure 15: Household income
ARAP Niš Page - 30 -
5.6.7 Employment status
Employment status of respondant
18%
Self-employed
Not reached working age
82%
Figure 16: Employment status of household members
5.6.8 Place of Residence
All the respondents live in Nis.
5.6.9 Vulnerability
The Study did not identify groups especially vulnerable to impoverishment or marginalization as a
result of loss of assets. Although the generic indicators on vulnerability indicate that all the
households live below the relative poverty line,6 the impact and specific types of changes
imposed by the Project will not worsen their vulnerability. The mitigation measure is
commensurate to the losses and is expected to improve the conditions of the affected structures
(i.e. adding protection, reinforced walls etc. and concrete floor). Furthermore, additional
activities, such as fencing and establishment of a locked gate, will protect PAP’S structures and
their content from intruders A The aforementioned improvements will also have a positive
impact in terms of increased value of PAP’S Assets. The impacts of the sub-project are small and
will not adversely affect livelihoods. Thus, they do not pose further impoverishment or
marginalization threats on the persons identified as vulnerable.
5.7 Focus group discussions with women
Although not being users of shacks women are affected by them indirectly through the eco
activities they support. They benefit indirectly by the income generated through collection of
material stored in the impacted shacks. Therefore separate interviews in a focus group
complemented the original findings of the SIA.
sThe overall identification of PAPs indicated that in a patriarchal environment, the formal survey
was unlikely to capture the real role of women. Additional effort was made to target women
household members of the affected households through an ad hoc focus group meeting to solicit
their view on the sub-project impact and proposed mitigation measures. Women became very
interested to participate in the discussions on the impacts and relocation assistance to be
extended.
The focus group covered the following topics: how the Project was communicated to them? How
will the impact affect their living standards? How will the construction works influence their daily
routine? Were they involved in the decision of relocation of the assets? How and whether they
have been conferring within their household about the offer that was extended by the PIU? Are
6
The official poverty line it is 14.920,00 RSD (121,30 EUR or 135,8 $ equivalent for single headed household),
26.856,00RSD ( 218,34 EUR or 243,48 $ equivalent for two adults and one child up to 14 years of age) and 31.332,20
RSD ( 254,73 EUR or 284,60 $ equivalent for two adults and two children aged up to 14).
ARAP Niš Page - 31 -
they satisfied with the measures offered? Would they have decided on differently if the decision
was theirs?
Figure 17: Pictures from focus group discussions conducted on April 20, 2016
The focus group discussion showed the women were in general consulted about the relocation
alternatives. They showed no concern of breakdown of network of activities. Social network
were not affected and only briefly discussed since the impact associated can cause neither social
network interruption nor breakdowns. What most of the women identified as a problem was the
lack of public lighting on the access road connecting their homes to the main road. This makes
commuting after nightfall not comfortable since they fear for their safety. This concern has been
communicated to the City of Niš and it is to be expected that adequate measures will be
implemented by May 2017 to equip the access road with adequate light posts (not as part of
FERP). This will be advocated strongly by the PIU since it contributes the wellbeing in the narrow
sense of the word of the Roma community,
Key finding of the focus group are complementing the findings of the individual interviews with,
what appeared a universe of man owners. Although there is a traditional distribution of
empowerment within this community, the focus group discussion revealed a rather significant
participation of women in the decision making processes.
5.10 Public infrastructure that will be affected
During implementation of the Project no public infrastructure will be affected.
5.11 Community Perception of the Project
The community is very devoted to the success of the Project since the floods are very common
and patterned occurrences especially impacting those living at the very banks of the river. The
damage they suffer and the constant fear during the heavy rains and snow melts has boosted the
support of the community of the sub-project. All respondents look forward to successful
completion of the project.
6. COMPENSATION
6.1 Key Principles
The RPF committed key principles which are incorporated into this ARAP. The principles for the
impacts identified could be briefly summarized as follows:
Compensation (i.e., relocation/rehabilitation) of Project-Affected Peoples assets will be
carried out in compliance with Serbian legislation and World Bank’s Policies and
Procedures on involuntary resettlement OP 4.12 were the more stringent requirement
will take precedence
Affected People will be compensated for their losses at replacement cost to allow
restoration at pre-displacement level,
The ARAP implementation and outcomes will be monitored and evaluated by the PIU
ARAP Niš Page - 32 -
6.2 Cut-Off Date
The date of beginning of the Census serves as the Cut-off date. Persons who encroach on the
area after the cut-off date are not entitled to compensation or any other form of resettlement
assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots)
constructed after the cut-off date will not be compensated.
A Moratorium notice informing the general public of the declaration of cut-off date was disclosed
and pinned to the stables to be relocated on April 20, 2016.In addition every household received a
copy of the notice. The meaning of the cut-off date was discussed during the census and socio
economic survey conducted on the same day as well at the latest meeting held on August 18,
2016.
6.3 Eligibility
The unit of entitlement is any individual eligible to receive compensation or rehabilitation
benefits. Determination of unit of entitlement is in lieu with developing and identifying the
census and inventory of all assets impacted by the Project to allow full compensation in line with
the Entitlement Matrix. All PAPs identified prior to the cut-off date shall be entitled to
compensation, according to the compensation principles of the Law on expropriation, Law on
fundamental property rights, RPF and OP 4.12 whereas the more stringent in requirements shall
prevail.
Project affected persons are defined to include the following categories:
Project affected persons, with formal title, who lose all or part of their land;
Project affected persons, with formal title, who have immovable property with or
without building permissions on the land to be expropriated;
Project affected persons with formal title over businesses that are affected by the loss of
all or part of the land on which businesses are located
Project affected persons with formal title over animal husbandries and agricultural
processors that are affected by the loss of all or part of the land on which they are based;
Project affected persons with formal title of tenancy on private or public land;
Project affected persons with formal title over land that will be needed during
construction on a temporary basis;
Project affected persons without formal title on affected land or businesses but their
livelihoods are directly dependent on the affected land or businesses (e.g., those working
on affected agricultural land or working in the affected businesses);
Project affected persons without formal title of ownership or use but who have
established usage of public or private land by investing in immovable objects, crops,
woods, trees, fruit bearing trees, vineyards, the age of crops, and the time needed to
reproduce them; and
Any affected community facilities will also be reconstructed or necessary support will be
provide for their relation to the community loosing access to such common facilities
This sub-project affects following categories of PAPs:
Project affected persons without formal title of ownership over land or use but who
have established usage of public and private land by investing in immovable objects;
The entitlements for different categories of impact and PAPs shall be as per the Entitlement
Matrix7 as adopted in the RPF for the FER Project shown for impact categories relevant for the
identified impacts only.
7
Only part of the Entitlement Matrix relevant for specific impacts identified under this Subcomponent has
been presented. For access to full entitlement Matrix within RPF please see RPF for FERP at
http://www.rdvode.gov.rs/, accessed on July 25, 2016
ARAP Niš Page - 33 -
Table 4: Entitlement matrix for impacts identified
I Impact categories E Entitlement
Structures and i. The replacement cost assessed for construction of similar
installations in the land quality of structures, and the value of time invested in
(barns, lumberoom/sheds,
fences, etc.) with or construction and applicable taxes, if any or replacement
without building permits structure of the same or higher value and quality.
Untitled users of ii. Compensated for the replacement cost of any investment
public and private made on the land.
land
Although all households are considered vulnerable the impact and the mitigation measures are
commensurate with the entitlements proposed and therefore no special entitlements or
additional assistance proposed as no displacement will take place.
6.4 Valuation procedures
Valuation for assets attached to the land, immovable and movable property such as structures
residential or auxiliary, crops, trees etc. shall be done by accredited experts, as per Law on
Expropriation. The experts shall submit their findings and assessments to both the PIU and the
PAPs who then have a right to object to the finding or require remedies of any defaults identified
or ask for amendments, whatever is appropriate, within 15 days upon receipt. The experts shall, if
needed, visit the subject location again, to verify the claims. It is mandatory to inform the
Beneficiary of expropriation and the PAPs on exact date, time and location of valuation, but the
actual attendance is their discretional right these are not obliged to attend but for the purposes
of transparency they almost always are. Once agreed, the finding serves as basis for the
compensation (i.e., relocation & rehabilitation) agreement.
6.5 Relocation/rehabilitation of shacks structures constructed partly on public land and partly on
private land
As already explained, the auxiliary structures are constructed partly on public partly on private
land of “Monicom LLC” a factory adjacent to the impact site. The private land is of the same
owner who has given the tenure rights to all of the households affected for their houses as well
as the stables.
Therefore, negotiations on appropriate mitigation measures were held by participation of the
owner of private land, The PIU and the PWC from Nis. During these negotiations, PAPs expressed
a preference for relocation/rehabilitation of affected structures. No monetary offer was made to
the PAPs as this would cause a disruption to the PAPs economic activities. Compensation in the
form of relocation and rehabilitation of the shacks has been agreed between the parties.
The PIU has engaged an accredited expert in agreement with the PAPs to assess the value of the
affected structures. The objective of the assessment was to evaluate the replacement cost of the
7 structures affected. The evaluation was guided by the formula for auxiliary structures applied
equals:
C= M+Q+T+L+Cf+U+Tx
C- Compensation at replacement Cost
M-Market cost of material
Q-Quantity of material needed
ARAP Niš Page - 34 -
T- Transport of material to construction site
L- Cost of labour (L = Daily wage x Work hours)
U- Cost of utility connections
The relocation and re-erection of shack will be executed by “Monicom LLC” who will engage own
machinery and workforce. Thus, the value of improved structures in the table below does not
include the costs of labour and transportation, which will be borne by the property owner. The
Project implementer, the DWM of MoAE, is responsible for financing the structures (including
building material and utilities). If the structures are not relocated and re-erected within 3 months
after disclosure of final ARAP the implementer will bear the additional costs of labour and
transportation for relocating and rebuilding the structures, in addition to costs for material and
utility connections. A contingency of 150.060,00 RSD (1220 EUR or 1360 $ equivalent) is added to
the budget for labour and transportation. The contingency budget has been arrived at by
multiplying daily wages for labour with an 8 hour working day and a daily transport fee for
engagement of adequate machinery for transport
The methodology applied meets the replacement cost standards as per formula above and is
presented in the assessment. The valuation was conducted on site on August 5, 2016 in the
presence of the Representative of the PIU, PAPs, and property owner and signed off by all
parties. A sample assessment is presented in Annex 11.
5 of the auxiliary structures can be relocated without affecting their quality and stability and as
described before, although they will not get entire new material but will have a better
foundation (concrete floor, reinforced walls etc.) and deteriorated parts of the shack will be
replaced. Two of them, belonging to one owner already in much deteriorated conditions will be
rebuild following the quality of other structures
The table below presents the comparison overview of the value and the current conditions of
structures and structures after relocation has been completed. The evidence shows the relocated
structures have increased value due to improvements of materials and spare parts which have
been replaced.
ID Number Value of auxiliary structures to be EUR and $ Value of improved
num of units relocated Equivalent relocated/or replaced
ber impacte structures* (as
(RSD)
of d appropriate)
PAP
RSD EUR
s
$
1 3 96.300,00 608,13 EUR 107.000,00 869,00
678,15 $ 970,00
2 1 74.800,00 782,92EUR 90.000,00 731,00
873,073 $
888,00
3 1 25.920,00 262,03EUR 48.000,00 480,00
292,83 $ 435,17
4 1 32.300,00 487,80EUR 37.000,00 300,81
543,97 $ 335,44
5 1 60.000,00 210,73 EUR 68.000,00 552,84
234,99$ 616,50
TOTAL 289.320,00 2352 EUR 350.000,00 2933,55
ARAP Niš Page - 35 -
2623,13 $ 3235,11
*Replacement only includes costs borne by the Client and not costs for labour and transportation, which
will be provided in-kind by the property owner.
7. GRIEVANCE MANAGEMENT & REDRESS
7.1 Organizational Arrangements for Grievance Management
The RPF has outlined the basic requirements for Grievance commission and management of its
activities. After dully consideration, the grievance redress mechanism was tailored slightly
different but much more to fit the purpose and mirroring the local needs, customs, habits and
expectations of the community.
The Grievance Committee was established on May 15, 2016 and is fully in function. The
establishment decision is presented in Annex 10– Grievance Commission.
There are several complementary grievance channels in place (e.g. The Engineer (Supervisor of
works) daily already on Site and the Public Water Management Company “Srbijavode” Belgrade,
VPC Nis, but an official and formal Grievance Committee was established as a forum for
grievances and comments in relation to relocation of structures, temporary impact to any kind of
property, damages in relation to execution of the works, and complaints in general related to
civil works. Since the small Scope of the Project and relatively small impact, the GC shall be a
body of three members. This is deemed to be sufficient capacity to deal with grievances. One of
the members is a representative of PAPs, one is and representative of the PWMC, from Nis, one
member is a representative of the PIU/DfW. The GC has an administrator who will administer the
process, keep minutes of meetings and logs. The GC will meet as necessary, depending on the
range and nature of grievances.
The GC is responsible for receiving and responding to grievances/comments of the following two
groups:
- Persons directly affected by the Project including impacts to assets,
- Residents living in the Project area who are interested in and/or affected by the
Project
The PIU/DfW in cooperation with the City of Nis ensured that all PAPs were informed of the
grievance mechanism by communicating the existence of the GC, its function, the contact
persons and the procedures to submit a complaint in the affected areas.
In order to do so information on the GC was made available at:
- the notice board and website of City of Nis (www.Nis.org) ,
- on the Construction Site in the Camp of the Engineers.
In addition, the PIU/DfW has distributed a brochure and grievance registration sheets on site
containing information on the role of the GC and the contact information for filing
grievances/comments. The Brochure is presented in Error! Reference source not found. and the
registration form in Annex 6 – Grievance registration Form.
To allow easy access to the GC a printout of the grievance recording form will be available at the
City of Nis, at the construction site offices and for download on the website of the City of Nis and
ARAP Niš Page - 36 -
of MAEP. The grievance recording form template is presented in Error! Reference source not
found..
7.2 Grievance Procedure
The grievance procedure is designed to be effective, easy, understandable and without costs to
the complainant. The Grievance Commission, will visit the site once in every two weeks to collect
the grievances. This is designed to make the mechanism as accessible as possible to the Roma
families but will benefit to the accessibility of the communities along the 1,6 km project area. n
addition any grievance can be brought to the attention of the GC personally or by telephone or in
writing by filling in the grievance form (by post, fax or personal delivery to the
addresses/numbers given below:
PWMC NIS FERP PROJECT
Grievance Commission Gandijeva 189/2
2 Kralja Aleksandra Ujedinitelja Square 11000 Belgrade
18000 Nis Tel: 011 2174-153
Telephone: 018/ 4258-185,
All grievances will be recorded in the Grievance Log register and assigned with a number, and
acknowledged within 3 working days. The Grievance Log register will have all necessary elements
to disaggregate the grievance by gender of the person logging it as well as by type of grievance.
Each grievance will be recorded in the register with the following information:
description of grievance,
date of receipt acknowledgement returned to the complainant,
description of actions taken (investigation, corrective measures), and
date of resolution and closure / provision of feedback to the complainant.
The GC will make all reasonable efforts to address the complaint upon the acknowledgement of
grievance. If the grievance/complaint is vague and not clear enough, the GC is obliged to help and
provide counsel and even help in redrafting the submission, in order for the grievance/complaint
to become clear, for purposes of an informed decision by the GC, in the best interests of persons
affected by the Project. If the GC is not able to address the issues raised by immediate corrective
action, a long-term corrective action will be identified. The decision of the GC shall give a clear
assessment on the grievance/complaint, clear ruling and recommendations for fair remedy and
propose measures to modify future conduct that caused the grievance as well as proposed
measures to compensate if mitigation measures cannot remedy the harm or injury. The decision
shall be in writing and shall be delivered to the person who filed the grievance as well as to any
other person or entity to which the recommendation and measures shall apply or is under
obligation by Law. The person who filed the grievance can express his/her personal satisfaction
to the outcome of the grievance resolution procedure.
The complainant will be informed about the proposed corrective action and follow-up of
corrective action within 7 working days upon the acknowledgement of grievance.
ARAP Niš Page - 37 -
If the particular issue rose through the grievance mechanism cannot be addressed or if action is
not required, a detailed explanation/ justification will be provided to the complainant on why the
issue was not addressed. The response will also contain an explanation on how the person/
organization that raised the complaint can proceed with the grievance in case the outcome is not
satisfactory.
At all times, complainants may seek other legal remedies in accordance with the legal framework
of Republic of Serbia at any time.
The GC will publish, and provide the GC with copies, one intermediate report on the number and
type of grievances received, comments addressed and closed-out, disaggregated by gender and
type of grievances/comments two months after establishment, another intermediate report
during construction works and one final report after completion of works.
The Grievance Comission has been established on May 15, 2016 and has visited the site. During the
site visit Brochures on the Grievance Comiision have been distyributed to the PAPs as well as
Grievance registartion forms.
8. CONSULTATION AND PARTICIPATION
The Project Implementation Unit (PIU) is responsible for communicating necessary project and
process information, as discussed in the ARAP, to affected communities, Project Affected People
(PAPs) and representatives of Local Community Offices.
The PIU, will carry out public consultations on the ARAP and information dissemination that will
reflect main issues of relevance to the Project. Immediately before the commencement of civil
works, all stakeholders will be timely informed about the Project’s scope and contacts for further
information inquiries, the available grievance mechanism and the disclosure of the publicly
available Project documents through:
announcements in the local daily media,
disclosure on the PIU website www. mpzzs.gov.rs/ , and
disclosure on the PWC Nis website www..srbijavode.rs .
hard copies at the PWC Nis at the address Trg Kralja Aleksandra ujedinitelja 2, Niš
This ARAP will be disclosed in Serbian and English on the above mentioned websites, as well as
made available as printed copies to be handed out to all PAPs.
8.1 Disclosure and consultations requirements during preparation of draft and final ARAP
The draft ARAP in Serbian and English was disclosed on the website of the Ministry of Agriculture
and environmental protection /http://www.rdvode.gov.rs/ on November 8, 2016 and at the
website of the PWC Niš on November 9, 2016. The city of Niš was not a participant to the process of
preparation of the draft ARAP and the PIU was advised that the website can serve only as
noticeboards for processes were the City of Niš is directly participating. Since there was no
expropriation, the Municipality was not involved in the preparation of the mitigation measures
described in the ARAP.
On November 7, 2016 and individual invitation were personally delivered to all the directly affected
persons, to the Authorized representative of “Monicom” LLC and the PWC Niš. They all confirmed
their attendance. A set of extra ARAPs and invitation were left for the household members not
present on November 7.
Provided that the social impacts and their mitigation measure only concern the immediately affected
Roma community, hard copies of the draft ARAP, an excerpt of the document was given to all
affected persons in this community personally at the time of invitation to consultation. The outline
ARAP Niš Page - 38 -
and objective of the document was presented out loud by the social safeguards specialist to ensure
understanding of the document content and purpose of consultation Pictures from serving the draft
ARAP and the Invitation to public consultation are presented in Annex 13. At the same occasion
Grievance Brochures and Grievance registration forms were given again. Annex 14 shows signed and
confirmed receipt of the ARAP, invitation to public consultation and Brochure on grievance
procedures and grievance registration form.
During the 7 days aimed for insight into the ARAP document, no questions were received in writing
(e-mail or letter) nor by phone regarding the proposed topic for consultation.
The public consultation was held on November 15, 2016 at one of the PAPs home. This was agreed
the week before since this was of most convenience to all the PAPs.
The participants were provided with breakfast. The presentation was delivered by the PIUs external
Social Safeguard consultant. The content of the draft ARAP was discussed by following the printed
copies and the electronic version available on the lap top.
The public consultation was attended by 8 participants present (6 PAPs, 4 women and 2 men, and 1
FER Project team member). 8The representative of “Monicom” LLC, the owner of the replacement
land for the new shacks, although confirming the presence, did not attend the consultation. 50% of
the attendees were women.
A set of so called “first aid grievance kit” was distributed to all participants containing:
- Printout of the grievance registration forms,
- Guide on the Grievance Commission,
- Copy of the act by which the Grievance Commission was established,
- An envelope with stamps.
Details of the ARAP were presented with emphasis on the impacts identified and the proposed
mitigation/relocation measures agreed.
After the presentation the floor was handed to the participants to engage in questions and seek
clarifications of the presented document.
The PAPs showed full understanding of the document. It has been confirmed that the data
presented were true and correct. PAPs informed the social safeguard consultant that the document
was read and commented in community sessions.
In summary, following were the questions asked.
Question 1:
Can the relocation of shacks be completed within the next 10 days? The relocation has been
requested to take place as soon as possible.
Answer: It has been explained that once the final document has been cleared by the World Bank and
disclosed the shacks will be relocated.
Question 2: Can the Project assist in erecting a public light in front of the houses?
Answer: It has been explained that the PIU will contact the relevant authorities to try and facilitate
such a request to be met.
Question 3:
Can the Project assist in providing a public water fountain in front of the Roma community?
8
The PWC Team could not not attend since they have been called to several locations for emergency response
due to risk from flooding
ARAP Niš Page - 39 -
Answer: It has been explained that consultations will be made with the Utility Company for water
supply and “Monicom” LLC to explore the technical possibility of constructing the water supply
network. However, expectations were not raised unfairly and no promises were made which the
affected persons understood.
9. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION TEAM
9.1Responsibility for Implementation
The Abbreviated Resettlement Action Plan will be implemented by the DWM of MoAE, namely its
Project Implementation Unit (PIU) as described in more details further through the document.
The PIU will monitor the overall implementation of the subproject, cooperate with Municipality
of Nis, the Contractor to be elected for construction works. Other organizations and parties
involved in the process of expropriation are the Ministry of Finance, Tax Administration.
The table below provides an overview of the responsibilities and arrangements for implementing
the requirements of this ARAP.
Table 5: Organizational Responsibilities and Arrangements
Task Responsible Entity
Disclosure of information and documents to all PIU
Project Affected People and communities, and
organization of 1 public meeting
Keeping records of consultation activities PIU
Direct communication with and visits to owners PIU/DFWM
and occupants
Valuation of impacted structures PIU through accredited experts
Relocation assistance and relocation of impacted PIU
structures
Monitoring and reporting with respect to PIU/DfWM
relocation
Monitoring and reporting with respect to PIU/Contractor
temporary land occupation carried out after
construction commencement
Grievance management PIU/DfWM/GC
Completion Audit PIU
9.2 Institutional Capacities
The implementation of the provisions and obligations under this ARAP shall be by the Ministry of
Agriculture which assigned responsibility for implementation of the Sub-Component 3 of the FER
Project to the DWM. The DWM already has an established PIU which recently completed a World
Bank financed Irrigation and Drainage Rehabilitation Project. During preparation of investments
ARAP Niš Page - 40 -
and implementation of works, the PIU will work in close coordination with the relevant PWMCs,
as well as with the City of Niš.
The staff assigned for implementation of this ARAP and the Niš Flood protection sub-project is
deemed to be sufficient to carry out all tasks related to ARAP implementation.
The organization of the PIU is presented in the hierarchy chart below:
MINISTRY OF AGRICULTURE
DIRECTORATE FOR WATER
MANGEMENT
(PIU)
PIU COORIDNATION
FINANCIAL PROCUREMENT SAFEGUARDS,
MANAGEMENT, AND CONTRACT MONITRING AND
DISBURSEMENT MANAGEMENT EVALUATION
Figure 18: Organization of PIU
ARAP Niš Page - 41 -
10. IMPLEMENTATION SCHEDULE
Table 6: Tentative Implementation Schedule for ARAP Niš
N° Activity Responsibility2016 2017
Octobe November Decemb May
1. Disclosure of draft RAP PIU r 25
Octobe
2. Public consultative meeting PIU/ 18
r
3. Disclosure of final RAP PIU/Municipality 30
of Nis
4. Relocation of structures PIU 15
5. Follow up Audit PIU 1-30
10.1 Monitoring, Evaluation and Reporting
Monitoring of the land acquisition and resettlement process will be conducted by the PIU to:
- ascertain whether activities are in progress as per schedule and the timelines are being
met;
- assess whether the compensation / rehabilitation measures are sufficient;
- identify any potential issues(including monitoring of grievance management in terms of
recording and responding to grievances within the specified timeframe); and
- Identify methods to mitigate any identified issues.
In addition the construction work supervision consultant will have a duty and obligation to
monitor implementation of social requirements during the construction phase. The following
shall be their duties:
Supervision of the contractors in performance of their obligations and ARAP
implementation;
Preparation and submission to the Employer of regular reports on implementation of
measures for social monitoring;
Provision of service to the local community through receipt of feedback and proposals.
The board on the site will include clearly visible information on contact persons on behalf
of the supervision, as well as working hours for contacts with the public. All complaints,
praises, proposals received by the supervision contractor, would be forwarded together
with the Supervisor’s opinion to the Employer for further acting. The idea is that every
reaction of the local population is provided with a timely response, while a unified
records of the correspondence with the local population will be presented in regular
reports to the financing institution; It is very important that local - The population shall be
fully aware of complaint possibility and that mechanism for submission of complaints is
very simple.
Suspension of works causing a high level of noise in periods when such noise is not
allowed;
Suspension of the works if inadequate protection of local population and environment
against dust and pollution is provided. It is planned that within the final phases of the
works execution, the supervisor completes questionnaires with the local population on
behalf of the Employer in order to assess the level of content of local population. The
questionnaires would be sent to the mailboxes of locals, while ones completing these
questionnaires could deliver them in person to the supervisor’s representative or send
them by regular post to the Employer’s address. Experience gained during the realization
ARAP Niš Page - 42 -
of the different infrastructure rehabilitation projects in Serbia, funded by WB Loans,
significantly contributed to preparation of bases for social monitoring and assessment
subsequent mitigation of impacts produced by the project on local community. Related
to positive practice, PIU representative will perform regular controls of measures taken
by the contractor and supervision, and control will be performed by the checklist shown
in Error! Reference source not found..
The PIU will maintain a PAP database on the owners/users of properties that have been affected.
The data/information will be updated periodically in order to keep track of the progress of such
owners/user.
The PIU shall keep a monthly updated status on all baseline information.
Hereby indicators to be used for monitoring of implementation of this ARAP are designed and
shall include inter alia:
Overall spending on compensation
Number of PAPs by categories and number of project affected households by categories
Number of PAPs whose property has been damaged by construction works
Number of PAPs compensated for damages
Number of public meetings and consultations with affected people
Number of auxiliary structures affected,,
Number and percentage of individual compensation/rehabilitation agreements signed
before the beginning of construction activities,
Number and type of grievances received by the GC related to land acquisition (number of
grievances submitted, number and percentage of grievances resolved within the
specified timeframe of 7 days, number and percentage of people satisfied with the
outcome, i.e. the response provided to their grievances/comments, all disaggregated by
gender of complainant), and number of legal actions initiated in relation to land
acquisition)
Number of grievances received by the GC related to construction works
Number of engaged local workmanship for the purpose of the works execution
(person-month and number of actually employed persons disaggregated by gender);
Number of contracts concluded by the contractor in local community (e.g. for
accommodation of workers, lease of lots for storage of materials, etc.)
The PIU shall produce Monthly reports in the form of excel spreadsheets and send semi-annual
updates to the World Bank.
10.2 Completion Report
The PIU will monitor the implementation of the relocation/rehabilitation processes, both through
internal, official institutional arrangements, as well as by an independent, external consultant, to
be appointed by implementing entity. The external monitoring and evaluation consultant will be
appointed prior to construction starting on any subproject and will have obligation of reporting
on semi-annual bases.
Based on the semi-annual report the PIU shall do an in –house completion report to summarize
the implementation of the ARAP. The report should verify that all physical inputs committed in
the ARAP have been delivered and all services provided. In addition, the report should evaluate
whether the mitigation actions prescribed in the ARAP have had the desired effect. The
socioeconomic status of the affected population should be measured against the baseline
conditions of the population before displacement, as established through the census and
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socioeconomic studies. The internal completion report is considered appropriate in comparison
to the extent of impact.
11. COSTS AND BUDGET
The Relocation/rehabilitation cost as per National requirements are the obligation of the PIU. The
cost assessment is presented in table below.
Table 7: Assessment of cost
Component Nu Type of cost Budget Conting Costs Costs Costs
mbe lines ency estimati (EUR) ($)
r (RSD) on
of (EUR) (RSD)
stru ($)
ctur A B
es
Relocation of Engagement of Material 150.060, 350.000 2933,55 3235,11
5 + 7 adequate Prepara 00 ,00
construction machinery, tion of 1220,00
of 2 structures improvement to relocati 1360,00
foundation, on site
replacement of Labor
damaged parts, Engage
relocation of 5 ment of
structures and machin
constructio of 2 ery
new stuctures
with saved and
new material
Total cost without contingency (B): 350.000, 2.2933,55 3235,11
00
Total Cost with Contingency (A+B): 500.060 4153,00,0 4595,11
,00 0
Annexes
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Annex 1 – Public invitation for Public Consultation on draft ARAP
In accordance with the WB Operational Policy (OP 4.12)
The Ministry of Ministry of Agriculture and Environmental
Protection
Directorate for Water Management. issues an invitation for
PUBLIC CONSULTATIONS
On the
ABBREVIATED RESETTLEMENT ACTION PLAN FOR (ARAP)
For Nis Flood Protection sub-project
Under the Serbia Floods Emergency and Recovery Project (FERP)
To be held on August X, 2016 at XX:XX PM (Local time ) at the XXXXX
The document subject to the consultation is made available in hard copies at the the following
adresses:
At the premises of The Ministry of Ministry of Agriculture and Environmental Protection
Directorate for Water Management, Belgrade, on the second floor, on working days from
11:00 AM to 01:00 PM (local time), within 14 days in regards to the date of public
announcement of this invitation.
the premises of PWC Nis, during working hours,
and available for download at
on the web site of the Ministry of Agriculture and Environmental Protection Directorate for
Water Management : www.rdvode.gov.rs
On the website of the PWC Nis www.XXXX
Questions and concerns in respect to the provisions of the documents can be submitted in
writing to the following address below as well as by e-mail and be submitted and stated directly
during the consultation.
If you need any additional information, please contact:
Ministry of Agriculture and environmental
protection
Water Directorate
PIU
Gandijeva 189/2 Street
11070 Belgrade, Serbia
tel./fax. +381 11 / 2174 153
E-mail: ferproject@yahoo.com
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Annex 2 – Request to For Access to Information of Public Importance
NOTE: This is an unofficial translation only. Requests should be made in Serbian
………………………………………………………………………………………………
name and head office of the addressed authority
REQUEST
For Access to Information of Public Importance
On the basis of Article 15 section 1 of the Law on Free Access to Information of Public Importance
(“Official Gazette of Republic of Serbia” No. 120/04, 54/07, 104/09 and 36/10), I hereby request
that the authority first written above grant me the following:*
o notification as to whether it is in possession of the requested information;
o insight into the document containing the requested information;
o copy of the document containing the requested information;
o sending of the document containing the requested information:**
o by mail
o by electronic mail
o by fax
o by other means:***__________________________________________
This request relates to the following information:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________(please provide as detailed an account
of the requested information as possible, as well as any other data that could facilitate
information retrieval)
________________________________
Applicant / Name and Surname
In ____________________, ________________________________
Address
On ___________201___ (date) ________________________________
Other contact data
________________________________
Signature _______________________________________
* Check the box next to the legal right to access to information that you wish to exercise.
** Check the box next to the means by which the copy of the document is to be sent.
*** If you require the copy to be sent by other means, please indicate by which other means.
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Annex 3 – Socio-economic Survey Questionnaire
Questionnaire
number
Survey date: .2016
Municipality: Nis
Location:
Address:
Cadastral plot reference:
Whole plot affected: YES / NO
If no, specify the size of the non-affected part: m2
1. GENERAL INFORMATION ON THE RESPONDENT
1.1. Respondent’s name and surname:
1.2. Place of living:
1.3. Owner or user of land plot:
1.4. Ethnic group:
1.5. Phone number:
2. GENERAL INFORMATION ON AFFECTED PROPERTY (PLOT)
2.1. Location of the plots, total number per location and cadastral reference
Location Total Cadastral plot reference Current use
number of Tick applicable use
plots
1. Arable land
Forest
Pasture
Unused
2. Arable land
Forest
Pasture
Unused
3. Arable land
Forest
Pasture
Unused
3. OWNERSHIP ISSUES
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3.1. Owner: Yes No
3.2. User: Yes No
3.3. Ownership details
With fully
registered title
Legalization in What stage is the legalization process in:
progress
Formal lease of Owner
public property
Formal lease of Owner (contact details):
private property
Informal lease Owner (contact details):
Fully informal How did the owner take possession of the above mentioned
plot?
Shared If yes, name other co-owners:
ownership
YES / NO
Tick applicable box
4. AGRICULTURAL ACTIVITIES
4.1. Perennial / annual species:
____________________________________________________________________________
4.2. If perennial: Year of plantation: ____________
4.3. Average yield on this plot according to farmer
:_____________________________________________ (specify measurement unit).
4.4. Overall land holdings of the farmer, including this plot and all others: ____________________
hectares
Including farm lands, pastures, forests, arid and unused land – Include all land available to the
farmer regardless of ownership.
4.5. Of which farmed this year: ______________________ hectares
5. AGRICULTURAL ACTIVITIES
5.1. Do you sell crops
_________________________________________________________________________________
___
5.2. If yes, what is your average annual income generated by selling
crops:________________________________________
5.3. Do you use crops to meet your own needs (consumption):
__________________________________________________
5.4. Did you have any plans with affected part of the land plot? YES / NO
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5.5. If yes, what would you like to do with affected part of the land plot
?__________________________________________
6. GENERAL INFORMATION ON AFFECTED HOUSEHOLD MEMBERS
6.1. Information on household members
Name and surname Relationship Year of Gender Occupation Education
with Head of Birth (degree of
Household vocational
education)
1 HH HH M F
2 M F
3 M F
4 M F
5 M F
7. SOCIO-ECONOMIC DETAILS ABOUT THE AFFECTED HOUSEHOLD
VULNERABILITY
7.1 Is any of the household members suffering from 7.2. Social benefits (yes or no, if yes which kind
one of the following problems: of assistance)
Physical handicap
Mental handicap
Chronic disease requiring regular medical
attention
Chronic disease requiring hospitalization
unemployed or without regular income
Elderly and/or elderly and single
Member of ethnic minority (e.g. Roma)
Other problem (specify)
Indicate the number of affected household members in section 2 in the relevant table
7.1. Total household income
Which of the following categories does the Amongst the following, what are your main
average total monthly income of your whole sources of income:
household fall in:
Less than 10, 000 RSD Salaries Pensions
Between 10.000 and 40, 000RSD Personal Government or
agricultural other assistance
production
Between 40,000 and 70,000 RSD Small business Other (specify):
More than 70,000 RSD Remittances Other (specify):
In case there are several household Tick appropriate box
members earning the income, please
consolidate them together
7.2 Total Monthly expenditure and categories
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Which of the following categories does the Amongst the following, what are your main
average total monthly spending’s of your expenditure categories or assign a relevant
whole household fall in: range or amount
Less than 10, 000 RSD Food and non-
alcoholic
beverages
Between 10.000 and 40, 000RSD Housing related
expenses (rent,
water, electricity,
gas, fuels, etc.)
Between 40,000 and 70,000 RSD Food
More than 70,000 RSD Furniture,
household
equipment and
routine
maintenance of
the house
Health
Education
Leisure and
recreation
In case there are several household Tick appropriate box
members earning the income, please
consolidate them together
7.2. Are you satisfied with your economic situation?
Highly satisfied
Satisfied
Neither satisfied nor dissatisfied
Dissatisfied
Highly dissatisfied
Tick applicable box
Anything you wish to add not covered? -----------------------------------------------------------------
THANK YOU!
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Annex 4 – Summary of PAP Socio-economic Survey Data
1. 2. 6
ID
NUM Gender of Number of Totalnumber of Assesed
Cadaster
BER surveyed Age Occupation household structure value of
municipality
OF person members impacted structure
PAPS
1 Niš m 58 Retired 5 3 96.300
2 Niš m 42 worker 5 1 74.800
3 Niš m 45 worker 5 1 25.920
4 Niš m 45 worker 4 1 32.300
5 Niš m 69 retired 6 1 60.000
TOTAL 7 289.320
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Annex 5 – Grievance Commission brochure
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Annex 6 – Grievance registration Form
SERBIA FLOODS EMERGENCY AND RECOVERY PROJECT (FERP)
Component 3- Nis sub-project
Reference number:
Full name:
Contact information:
Please mark how you wish to be contacted (mail, telephone, e-mail).
By post: Please provide mailing address:
_________________________________________________________________________________
_
_________________________________________________________________________________
_
By telephone: ___________________________________________________
By e-mail: ___________________________________________________
Description of the event giving rise to the grievance. What happened? Where did it happen? Who
did it happen to? When did it happen? Main consequences of the event? Any other relevant
information on the grievance
How do you see your case would be best resolved?
. .2016
Date and Place| Signature
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Annex 7 – Individual invitation to consultation on draft ARAP
In accordance with the WB Operational Policy (OP 4.12)
The Ministry of Ministry of Agriculture and Environmental
Protection
Directorate for Water Management
Invites
Mr. XXXXX from Nis
to
PUBLIC CONSULTATIONS
on
ABBREVIATED RESETTLEMENT ACTION PLAN FOR (ARAP)
For Nis Flood Protection sub-project
Under the Serbia Floods Emergency and Recovery Project (FERP)
To be held on August X, 2016 at XX:XX PM (Local time ) at the XXX
The document subject to the consultation is made available in hard copies at the the following adresses:
At the premises of The Ministry of Ministry of Agriculture and Environmental Protection Directorate
for Water Management, Belgrade, on the second floor, on working days from 11:00 AM to 01:00 PM
(local time), within 14 days in regards to the date of public announcement of this invitation.
on the web site of the Ministry of Agriculture and Environmental Protection Directorate for Water
Management : www.rdvode.gov.rs
The document will be printed and handed to all PAPs .
Questions and concerns in respect to the provisions of the documents can be submitted in writing to the
following address below as well as by e-mail and be submitted and stated directly during the consultation.
If you need any additional information, please contact:
Ministry of Agriculture and environmental protection
Water Directorate
2 Bulevar Umetnosti Street
11070 Belgrade, Serbia
tel./fax. +381 11 / 2174158
E-mail: ferproject@yahoo.com
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Annex 8 – Template of Signed Agreements with owners
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Annex 9 - Unofficial translations of signed agreements
MINUTES OF MEETING
And agreement
Made on the day of July 10,2016 by the Department of property and inspection relation of the
City of Nis, for the purpose of informing about the plans of the river regulation (FERP ) and
construction of access roads on the location from KTK Djuka Dini’up to the Medosevac Bridge in
Nis( in line with the Agreement on mutual execution of emergency works for protection of the
settlements and industrial area of Nis from floods, signed between the City of Nis and PWC
Srbijavode) and obtaining consent for unhindered access to site and execution of works
PRESENT ARE:
City officer
Vesna Damjanovic, lawyer Kemal Jasar
Surveyer For the Contruction Directrate of Nis
Nenad Petrovic Yoran MIliç and Milan Nikolic
Commenced at 12 o clock.
The City officer states all invited persons are present.
After informing all present arties about the purpose of todays meeting, that the todays
discussion is about the FER Project and that is neccesery to relocate the structure/stable to a
mutually agreed location to execute the works safely, and after the joint site visit,during which
the assets have been surveyed and the structure to be relocated indentified, the PAPs hereby
AGREES
I Kemal Jasar, personal id XXXXX,declare my consent with the assessment and identification of
asset and give consent that my structure without formal title, constructed on the parcel owned
by PWC Srbijavode, be removed and relocated. I have no objection for the works to be executed.
The Minutes have been read out loud and the parties sign the mInutes in agreement and with
free consent.
Finished in 12,05
Signatures of all parties
------------------------------------------End of translation ------------------------------------------------------------------------------------------
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Annex 10– Grievance Commission
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Annex 11 – Template of structure assessment, unofficial translation
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Annex 12 – Pictures from Survey
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Annex 13 – Pictures taken during individual information on public consultation
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Annex 14 – Signed confirmation of receipt
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Annex 14 – Attendance sheet
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