RP1239 v1 Lebanon: Cultural Heritage and Urban Development - Additional Financing (P116197) Resettlement Plan Restructuring and Reconstruction of the Old Souk – Al Bawaba Square In Tyre Report made with the participation of: the Project Management Unit Technical Assistance Unit/The Old City Administration 2011 1 Table of contents 1. Introduction 11 2. Project description 12 3. Potential impacts 13 4. Objectives of the RAP 14 5. Socio-economic studies 14 6. Legal framework 18 7. Institutional framework 20 8. Eligibility 20 9. Resettlement measures 23 10. Community participation 24 11. Grievance procedures 25 12. Organizational responsibilities and implementation schedule 26 13. Monitoring and evaluation 27 Annexes Annex – 1 – Decision of the Resettlement Committee Annex – 2 – Al Bawaba Square Market Field Survey Lists – Tyre (2009) Annex – 2’’ – Al Bawaba Square Market Field Survey Lists – Tyre (2011) Annex – 2* – Municipal Decision on Final Lists Annex – 3 - Representative Committee Election Minutes Annex – 4 – Decision on the trades allowed to be exercised in the new market Annex – 5 – Minutes of the consultative meetings held on 20-27-29 December, 2010 Annex – 6 – List of Complaints Annex – 7 – Site plan of the current public market Annex – 8 – Site plan of the temporary and new public market Annex – 9 – Design plan of the temporary market Annex – 10 – Design plan of the new market Annex – 11 – Models of the market and units Annex – 12 – Table of Units Distribution in the old market Annex – 13 – Table of Units Distribution in the temporary market Annex – 14 – Socio-Economic Questionnaire Annex – 15 – Sample Contract Annex – 16 – Adjusted Matrix of CHUD baseline indicators 2 3 4 5 6 7 8 9 Cultural Heritage and Urban Development Project Resettlement Plan Restructuring and Reconstruction of the Old Souk – Al Bawaba 1. Introduction Before starting the implementation of the second phase of the Cultural Heritage and Urban Development Project, and given the specificity and importance of the sites which will be subject to restoration, rehabilitation and restructuring, it was necessary to develop a resettlement plan to clarify and explain the works related to the city’s public market and to safeguard the rights of the beneficiaries of the commercial units and vegetable stalls through their replacement by new facilities pursuant to a strategic plan, designed in conformity with the Project and Municipality objectives through bestowing a civilized aspect on this market and embellishing the front entrance of the city, without any interference with the public interest as well as the interests of the population who will certainly benefit from its economic, touristic and environmental results, while taking into consideration the World Bank directions, recommendations and policies with regard to this subject. This resettlement Action Plan (RAP) concerns uniquely the Old Market in Tyre. The public market is located in the northwest past of the city; it extends from Tyre’s commercial port square to Elissar roundabout and is situated between two main streets: the main entrance of the city, known as Senegal Street and the old entrance. It hosts various business activities, namely clothing shops and fresh vegetable market, as well as some different trades, such as hardware, accessories, butchers, bakeries, and some crafts and traditional skills, such as sewing and shoemaking, in addition to some sorts of simple steel industry and others. It also contains several cafes, with kiosks at the square’s southern entrance, which serve as small rest houses for the customers of the market and the public transportation hub where passengers are transported to all regions in Tyre and the neighborhood. Historical overview of the market creation Upon the reinstatement of economic life in the city of Tyre following the Israeli withdrawal in 1985, the problem of securing parking lots for the cars coming to the city from various southern towns and villages to visit the old souks has become a pressing need. As a result, in 1986, the public local authorities decided to fill a part of the sea at the entrance of the old city’s markets, starting from the commercial port of Tyre till the current Elissar roundabout. This backfilling process was completed in 1988 where the filled space had been allocated as a parking lot for private cars, transportation trucks and others. This new square witnessed the first construction works in 1989 when it was 10 decided to build 60 shops of stone in order to solve the problem of street vendors who park at the entrance of the old souk and within its main streets, directly affecting the commercial activity of the shop owners and impeding traffic. The number of these shops gradually increased. The square became known as Al Bawaba (Portal) since it was considered as the main entrance to the heart of the city, the old souk. During that period, shops had been sold, purchased and their usage modified illegally and without the consent of the municipality, which led to the chaotic and random layout of the current market; however, it continued to play an important economic role and became to be known as the public market and to constitute a main component and vital place in the city. 2. Project description The Cultural Heritage and Urban Development Project is co-funded by the World Bank, the Agence Française de Développement, the Italian Government and the Lebanese Government. The Council for Development and Reconstruction (CDR) undertakes the follow up of its implementation and management. The Project includes the restructuring and reconstruction of Al Bawaba public market and Hamra Street, as well as the rehabilitation of the Jaafari area. The Project’s total costs are estimated at 5.008.963.375$; the World Bank contributes with 4.173.977.6 $ thereof, whereas the Lebanese State contributes with 834.985.77, 00 US dollars. The Council for Development and Reconstruction (CDR) launched a tender to contract the works out and signed the contract (CHUD – Tyre Old City – Urban Component Phase II – Rehabilitation of Al-Bawabeh Square, Hamra Road and Jaafarieh Area) with Water Resources and Development Company (WARD) for this purpose; works were started on 30/6/2009. There had been delay in works which were supposed to be completed 18 months following their beginning, mainly because of the amendment of the market and the adjacent square designs following the objections made by the traders and the City’s representatives on the previous designs. The Project aims at the conservation of the cultural and civilization heritage of the city, through four components: ï‚· Restoration and management of the archaeological sites in order to support touristic activity ï‚· Rehabilitation and restoration of historic buildings and public spaces in the city, giving them a development functional role aiming at increasing the cultural level and standard of living of the local population and creating job opportunities ï‚· Rehabilitation and improvement of infrastructure and vital facilities in both residential and commercial areas adjacent to the Project in order to improve the living conditions of the residents and attract tourists ï‚· Support institutions and public administrations, competent and responsible for the management and protection of archaeological sites and traditional buildings in the city 11 The implementation of this project in Tyre is designed to address environmental and urban degradation in the old city and improving the living conditions of the population, through: ï‚· Creating a cultural promenade between the city's archaeological sites and the old city and restoring some historical buildings while creating some functions thereto ï‚· Rehabilitating Al Bawaba area, restructuring its public market and establishing a parking lot ï‚· Rehabilitating Hamra Street given its importance in linking between certain sections of the city and the archaeological sites, as well as the old city ï‚· Rehabilitating and upgrading the services for the western waterfront of the city ï‚· Rehabilitating the fishermen port and restoring the facades of the opposite buildings ï‚· Restoring two khans and five historical buildings and creating usages that would lead to the development of tourism and economy. There are no RAP related impacts associated with each of these components except for the rehabilitation of the Old Market. The main bodies responsible for the project implementation, the Municipality, the Council for Development and Reconstruction (CDR) and the consultant responsible for the designs, are extremely vigilant and cautious since this Project concerns the public market of the city which has a great multi-level importance. Thus, regular meetings and various gatherings with representatives of traders and vegetable sellers in this market led to changing the market’s design in accordance with the beneficiaries’ wishes and in a way to dispel their concerns. 3. Potential impacts The main activity of the project that gives rise to the resettlement of the vendors in the temporary market is the rehabilitation and reconstruction of the Old Market. The land of the Old Souk is owned by the Municipality. The vendors of the market are going to move to a temporary market nearby (at a distance of 50 meters) the Old Souk till the end of the rehabilitation of the Old souk. The construction process of the new market will be completed in eight months. During this period the vendors will be working in the temporary market. There will be no adverse impact such as loss of income due to the following reasons: 1. The relocation will be in the same location. The distance is less than 50 meters from the initial souk. The customers of the old souk will spontaneously go to the “Temporaryâ€? market. 12 2. The temporary market will follow specific regulations concerning hygiene and security standards which will make it a better place to shop. The shops in the Old market lack minimal environmental and hygienic requirements due to their close proximity to each other, their lack of clean toilets and the narrow lanes between them if any. They also suffer from problems of ventilation, lighting, illogical distribution of trades, as well as the lack of basic services such as periodic maintenance and lack of potable water, telephone and other services. 4. Objectives of the RAP The resettlement plan aims at replacing the old public market with a new one that meets the aspirations of the city and residents, takes into account the full environmental specifications and aesthetic components, provides the users and visitors with additional facilities and contributes significantly to the promotion of local economic growth. The municipality is committed to the resettlement of the affected vendors as per the provisions in the project design, based on several principles: 1 - Each user has the right to one unit in the new market, in the section which suits the activity based on the design, with the exception of trades that are to be excluded as it was agreed upon and where the rights holder may change the nature of his business in line with the market regulations or is free to waive his investment right to a third party against a financial compensation. Before the project gets completed, a time limit will be set to prevent any waiver to other person. 2 – A new lease contract will be signed by each tenant currently on a leased property from the municipality in order to be able to use a new unit in the market against an acceptable rent. The contract includes penal provisions that might amount to the business unit’s restitution if the tenant fails to pay the rent, based on a clear mechanism provided for in the contract or for non-observance of the environmental conditions observed in the contract clauses. 3 - Those who refuse to be relocated, specifically the ones whose trades have been declared inappropriate for the new market, will be subject to all the terms of the decisions documented in Annex 4 (decisions on the trades allowed to be exercised in the new market). 5. Socioeconomic studies The current occupants of Tyre souk are divided into 2 groups: - Group 1: Basic rights holders who are not vendors in their units, but who sublet their unit to other users (91 right holders). - Group 2: the users of the units(113 vendors): which can be divided into 3 sub- groups: ï‚· Sub-group a: Basic rights holders who work in their own units 13 ï‚· Sub-group b: Basic rights holders who, in addition to their investment in their own units (they are vendors), they rent additional units from other rights holders in order to expand their business. ï‚· Sub-group c: Users who rent the "units" from basic rights holders. The initial survey for the market was undertaken in June 2006. It is considered the cut-off date. A socioeconomic survey was undertaken in January 2011 to update the information. The interviews were made with members of group 2; the users of the units (refer to the socio-economic questionnaire in Annex 14). Economic characteristics of the users of the units: ï‚· There are 168 units in the souk. This mismatch between the total number of users and the total number of units is due to a number of users investing in more than one unit. ï‚· There are 3 types of units, and in every type of units we have several commercial activities. ï‚· The first type of units includes the shops that are made of stone and covered as one small unit with an area of (2.75 * 2) square meters and a height of around 2,40 m (but certain tenants have more than one unit, with some of them destructing the joints and some expanding their units by taking over a part of the corridor). The total number of these shops, in their current status, is // 60 // units (see Annex 2). The activities that are related to these stone shops consist of one poultry shop, one butcher shop, one “manakishâ€? and pastries bakery; plumber, shoemaker, barber and tailor, restaurant, grocery and dairy products. Some of them sell plastic items, paper, toys and household appliances, and others practice industrial occupations such as manufacturing iron tools and keys and selling hardware and electrical supplies. ï‚· The second type of units includes the stalls where fresh vegetables are sold. It consists of a display table for vegetables, including two parts which constitute a right angle. The small unit has an approximate area of 2.30 square meters for vegetables display and sale. The market includes a closed section of 32 non-leased units by the municipality. Some people have taken over them and use them as warehouses. The section that is rented includes // 64 // sixty-four units (see Annex 2). ï‚· The third type of units consists of an alley including shops, half built of stone and the other half of iron with display racks where textile, clothing, fabrics, accessories and toys is sold. Each unit has an area of (2.00 * 2.12) square meters, with a rough height of 2.40 m, all occupied. The total number of these units is currently // 32 // thirty two units (see Annex 2). Social Characteristics of the users of the units: ï‚· The average size of the household is 7 persons including the parents. 14 ï‚· The majority of the users of the units are men. There are 91 men and 22 women vendors. ï‚· In the market, there are 5 non-Lebanese vendors: - 3 Palestinians:2 men and one woman - 2 Syrians:2 men ï‚· Characteristics of the 21 Lebanese women: among the 21 women included in the survey, there are: 1 woman aged between 15 and 24, 8 women aged between 25 and 39, 11 women aged between 40 and 54, and 1 only aged above 55. 9 of them are married, 7 are single, 2 are divorced and 2 widows (there is one woman who did not declare her age). The income of 3 of these women is less than 500 000 Lebanese pounds, 17 of them earns between 500 000 to 1 million Lebanese pounds, and 1 of them earns between 1 million and 1.5 million Lebanese pounds. ï‚· Characteristics of the 87 Lebanese men: among the 87 Lebanese men included in the survey, there are 9 men aged between 15 and 24, 12 men aged between 25 and 39, 38 men aged between 40 and 54, and 26 aged above 55 (there are two men who did not declare their age). 69 of them are married, 10 are single and 1 divorced (there are 7 men who did not declare their marital status). The income of 11 of these men is less than 500 000 Lebanese pounds, 43 of them earn between 500 thousand to 1 million, 13 of them earn between 1 million and 1.5 million Lebanese pounds, 13 earns from 1.5 million to 3 million Lebanese pounds, and 3 from 3 million to 6 million Lebanese pounds (4 men did not answer the question concerning the income). ï‚· The Non-Lebanese users rent units from Lebanese rights holders. Three of them (1 Palestinian woman, 1 Palestinian man and 1 Syrian man) rent each two units. The Palestinian woman works in the field of accessories sale within 2 units in the clothing market. One Palestinian man invests in two units in the vegetable market, whereas the Syrian man invests in a unit in the textile and clothing market where he sells shoes. As for the 2 Syrian men, they invest in warehouses in the crafts stone shops. ï‚· Characteristics of the non-Lebanese users: 3 of the non-Lebanese users (a Palestinian woman, a Palestinian man and a Syrian man) belong to the age category 40-45, while the two others (a Palestinian man and a Syrian man) belong to the age category 25-39. All of them are married, with the exception of the Palestinian woman who is divorced. Those who stated their income are the ones working in the sale of shoes, vegetables and accessories; and this income ranges between 500 thousand and 1 million Lebanese pounds. ï‚· The educational level of the users : Among the users 27% do not read and write, 14% read but do not write, 27% have completed elementary education, 22% have completed primary education, 6% have 15 completed secondary education, 3% have a university degree and1% has completed a technical degree. The vulnerable group in the public market of Tyre: The vulnerable group includes the following categories: ï‚· The tenants that are dependent of the rights holders Based on the survey results and interaction with the vendors in the market it was found that the most vulnerable are the tenants as they are subject to the whims and fancies of the rights holders. The right holders determine the rent and, whenever they want, evacuate the tenant in order to sublet the unit for a higher price, whereas right holders pay nominal rent to the municipality. These vendors became more vulnerable when the project became known and everyone hoped that the market will witness economic, environmental and hygienic improvements. The rights holders wanted to restore their units for investment or more gain. Some of the examples are listed below: - Dressmaker: The market includes one woman dressmaker who rented a unit from a rights holder who owns three units, one in his own name, another one in his wife’s and a third one in the name of his son and he himself sells household wares. The dressmaker used to benefit from the customers of the clothing market. Having heard about the project, the rights holder evacuated her so that he would remain the sole beneficiary, and the dressmaker had to move to the vegetable market and work on a stall. - Beans seller: The beans seller who is in the market for more than 5 years is now wondering what would be his fate in the new market. He’s head of a family that traveled from one country to country and eventually settled in Lebanon. The relocation from the market will lead to loss of customer base and thus loss of income and livelihood.. - An old and partially disabled vegetable seller supports a large family faces a similar situation as the beans seller.. In order to alleviate the fears of vendors in the market, particularly of the vulnerable category, , a clause was added to the contract, where basic right holders will have to rent out their units at least for three years from the date of signing the new contract. During this period, the user who rents units from the municipality undertakes consultations with the tenant and this three years period will be considered as an advance notice to the tenant. Three years is a sufficiently long period for the tenant to go for an alternate livelihood or lease another place to practice his trade. Another cause was also added to the new market regulations preventing the stall owners in the new market from increasing the rent during this period. ï‚· The women vendors: 16 There are 22 women. ï‚· The poor population: The vendors that are earning less than 500 000 Lebanese pounds per month are considered as vulnerable (11 men and 3 women) 6. Legal framework The legal frameworks applicable to this project include World Bank’s OP 4.12 and the mechanism created for this project as described below: Operational Policy 4.12: The World Bank's Operational Directive OD 4.30 (June 1990), which remained the Bank's policy statement on R&R all these years, is now replaced by Operational Policy (OP) and Bank Procedure (BP) 4.12 (December 2001) put together. This OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002, when there is involuntary land taking in any project. The objectives of the Bank's policy on involuntary resettlement are as follows:  Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.  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.  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. World Bank issued some guidelines, as available in the handbook on resettlement and rehabilitation for the task managers of the Bank (1996), for implementation of resettlement and rehabilitation component in Bank projects. Some of the points specifically related to income restoration are as follows:  The standard of living of PAPs be restored to pre-project levels, or be improved  In areas where PAPs were living below the poverty line prior to project implementation, post-project living standards be brought unto the poverty line.  Preparation of income restoration programs under R&R should proceed exactly as it would for any other economic development program  It may be important to design income restoration programs with reference both to the poverty profile of the affected villages and to that of prospective host communities  To be effective, income restoration planning should begin no later than 2 years before PAPs are to be relocated It also proposed that the following information related to income restoration would be part of a RP:  Existing PAP skills and host area activities/ demand patterns  Feasibility analysis of menu of IR restoration options including assessment of time/cost of access to previous urban employment  Training needs of PAPs 17  Strategy or activities broken down by PAPs category and range of options  Timetable and budget for activities  Institutional responsibilities for design and implementation  Provisions for handing over programs from the project to local authorities Committee formed by Municipality to oversee resettlement issues The institutions which oversee the process of resettlement are the Municipality of Tyre and the Council for Development and Reconstruction (CDR). Upon the completion of works, the Municipality will be responsible for the management of the rehabilitated souk. It has prepared, in consultation with the souk’s representatives and the legal authorities a contract to be signed with the rights holders in order to address their concerns (refer to contract in Annex 15). To ensure the proper implementation of the project and guarantee the rights of the tenants and users, and to resolve all issues that might arise during the implementation, the Municipal Council of Tyre created a special committee to follow up on the resettlement issue. (Annex 1: Copy of the decision). Upon the election of the new municipal council, a new committee was appointed to follow up on issues related to the public market, representing all political parties. The users of the public market do not have a trade union to protect their rights and interests; govern the relations between them and the municipality, requirements and needs. Some among them were authorized to coordinate and attend meetings with the municipality in order to learn about the new project and understand its mechanisms, but they only play the role of facilitators and do not have the right to make decisions. For this reason, the municipality called for elections to choose a representative committee of the users in the public market, including all sectors. This committee coordinates with the municipality all decisions and views on the market, solves the majority of pending issues before referring them to the group of users in the market in open meetings and dialogues. (Annex 3: Minutes of the election meeting of the Representative Committee) As per the Tax Collection Office, many of the basic right holders have not paid rent to the municipality ranging from for about 10 months to a year and most of the users do not pay the rent on time at the beginning of each month despite repeated warnings by the municipality. Therefore, a new collection plan was adopted so that users pay their taxes in installments. There are also several transfer operations from tenants to users which do not show in the municipal records based on the reports sent by the Technical Assistance Unit. There are also units that were sold through notaries, based on “lease premiumsâ€?, and which were notified to the municipality after a plan was developed to obtain the final names. (These processes are documented in Annex 2) 18 7. Institutional framework In order to speed up the resettlement process and reaching the desired result, a special committee has been established and mandated by virtue of decision of the municipal council. It comprises of representatives of the stakeholders as detailed below: 1- The Committee shall consist of the President of the Municipality of Tyre (Chairman), two members of the Municipal Council - one responsible for the social component and the other for the economic and legal matters - two members of the Project Management Unit in the Council for Development and Reconstruction and two representatives of users and beneficiaries of the public market. 2 – The role of the Committee includes managing the resettlement process and addressing any problem that could arise during the process of relocation. It also undertake, in coordination with the Municipality’s lawyer, the preparation of lease contracts to be signed by the beneficiaries, which will include a clear commitment to abide by the payment of investment and legal fees, pursuant to applicable laws. 3 - The Council of the Municipality of Tyre is the first and last body to resolve any dispute resulting from the resettlement process, taking into account the recommendations of the above-mentioned Committee. The mechanism to distribute units in the new market will adopt the same criteria currently applied; i.e. the unit facing the road will be at the entrances or exits of the market, as well as the neighbors will remain the same. The municipality, in order to facilitate the resettlement process and mitigate its negative effects, will be in direct contact with users and beneficiaries through continuous consultations to clarify all the project components, implementation mechanism and impact on the city in general and the users in particular. 8. Eligibility Trades considered as polluting and contrary to the concept of an open public market: Some of the activities practiced in the units are inconsistent with and damaging to other market activities; for example, gases and odour emissions from barbecues, the presence of certain steel fabricating industries with all the noise they produce, poultry slaughterhouses and generated waste and odour,etc. Such trades are considered as polluting and they will not be included in the new market. According to the studies and principles of multi-activity public markets establishment, and following several meetings with the municipality and the Project Management Unit and direct coordination with the main actors and representatives of the city (deputies of Tyre and political actors) as well as the relevant trades’ owners, the municipal council reached a decision (Annex 4: a copy of the decision attached) approving the replacement 19 of some of these trades, such as steel industries, sale of meat and chicken, bakeries and restaurants with the possibility for them of staying back based on certain terms and conditions. The responsibility for taking such a decision is to be borne with all its consequences by the Municipality of Tyre which undertook by virtue of a decision issued by its council, the commitment to adopt criteria related to harmless and pollution free trades. In this decision, the Municipality of Tyre stated that it is fully committed to the components of the new market design and construction, as well as the subsequent maintenance and promotional works through new activities associated with its location at the entrance to the old city and the importance of transforming it, with the tenants’ consent, to a traditional market, without compromising the tenants freedom to exercise their activity within applicable rules and laws. The municipality of Tyre has ensured the acceptance of tenants to modify their trades (26 units). All of them agreed on the new regulations of the market.. They will maintain the same activity but apply additional norms (the meat slaughtery for example will uniquely sell packed meat) Activities around the public market Parallel to the public market, there are some kiosks; each kiosk consists of a small rest house or coffee shop that serves coffee and refreshments to customers of the public market, transportation hub and passers-by. There are 8 kiosks authorized by the municipality, distributed within the hub and on the borders of the market (textile and clothing market). There is also an additional kiosk for the operation of electrical generators. Some kiosks have encroached upon the government land. Contravening activities around the market There are three forms of contravening activities: 1. Extension of the nine existing vegetable stalls and display of goods by ten stone shops 2. The presence of fourteen street vendors carts that have become permanent in the vicinity of the market; eight of them will be included in the market and four of them will not be included because they came after the cut-off date. 3. Three kiosks or buses converted into coffee rooms that are transferable given their social role 4. Ten stone shops used as warehouses. The transfer of these activities and their legalization will be made through a contract signed between the municipality and the users which will increase the number of the kiosks to be moved from 8 to 13 (refer to annex 15). 20 Technical Specifications of the New Public Market Project The consultant who undertook the architectural design worked in coordination with all partners: the Project Management Unit at the Council for Development and Reconstruction, the municipality, the main actors in the city who were represented in all meetings that occurred in the city along one year and a half of preparation for the design of the project. The final agreement was as follows (Annex 10: The new market design):  The open market consists of two separate sections in the shape of “L“  The first new section is the new vegetable market, which will be almost built in its current location. It will consist of a rectangle, with a width of 19.5 meters and a length if 47 to 54 meters. //64// Sixty-four tenants will be relocated to this new market with a separating distance between the stalls of nearly 2.6 meters in the main lines and 1.6 meters in the sub-lines.  The second section is also larger than the current market. It also consists of a rectangle, with a width of 18 meters and a length if 84 to 74 meters. //92// ninety- two tenants will be relocated to this new market with a separating distance between the stalls of nearly 2.6 meters in the main lines and 1.1 meters in the sub- lines.  The choice of the stalls’ size and shape in the second section was made according to the specifications developed for the project and its principles with the consent of all partners, and after it was submitted several times for discussion with the stakeholders.  These two markets have a roof with a height of 7 meters, and all materials used are of steel  They have also been equipped with sun shades made of processed steel mixed with “teak" wood, installed on the steel structures at a height of four meters.  Each market has a room for the market management and restrooms (3 toilets and 2 sinks) After all the developments known to the Bank and all relevant parties, it has been agreed on four types of units: Full closed - semi closed - L shape - vegetable stalls. The total number included 8 stalls, and thus became equal to 170 units. The commercial activities which will be distributed to the L shape units are the following: clothing, telephone, sewing, cobbling and warehouses. The commercial activities which will be distributed to semi closed units are: perfumes, accessories, phones, toys, shoes, cassette and CDs, accessories, bakeries, Lotto office, dairy products, house hardware, paper products and warehouses. The commercial activities which will be distributed to the full closed units are: butchers, coffee, bakery, barber, poultry, plumber and electronics. (For the shape of the units, see Annex 11) Finalization of list of beneficiaries 21 The project team and the municipality conducted an initial survey in the year 2006 of all the units in the market, distributed by the type of activity and the names of the rights holders. The survey’s outcomes had been updated and ratified by the municipality in 2009, and they were included within the resettlement plan of the public market. Data were therefore updated in January 2011. Following the disclosure of the rights holders’ names lists at the entrances of both the market and the municipality, some rights-holders submitted certain objections to correct their status by submitting legal evidence, such as contracts or rent receipts to prove their right in the market. The final lists have been corrected, finalized and ratified by the municipality through its decision issued on 14.09.2011. Annex 2. Some differences were found in the names of the unit holders during the survey because of (i) sale of the rights of the units by the tenants against financial compensation and agreements certified by a notary; (ii) change of the unit user; and (iii) hereditary transfer of property. To confirm and ensure that the names won’t be changed after the municipal decision, the municipality has set a deadline after which no sale or waiver of rights will be allowed. The basic principle of the establishment of the market is to allocate one business unit to every tenant from the municipality through a contract and for rent. Each unit owner in the market will be allocated one unit in the new market. . 9. Resettlement Measures In preparation for the relocation process, the contracts have been prepared by the municipality in coordination with the main actors of the city and representatives of the market, and they will be signed before moving to the temporary market. The resettlement process will consist of two stages: Phase I: Upon the completion of the construction of a temporary market in the western part of the area, the users will be transferred for a period of about 8 months until the construction of the new market in the old market site. Phase II: Upon the completion of the current users’ relocation from the current market to the temporary one, it will be immediately destroyed to prevent any of the street vendors’ carts that are active in the vicinity of the market to seize any parts of the market. The timeframe for the new market establishment is about 8 months, during which users will pursue their business in the temporary market. Relocation to the new market will be easier since all legal issues and contracts will be accomplished and resolved before the first stage of the resettlement process to the temporary market. Each user will be given his unit’s number and location. The units will be allocated in consultation with the current unit owners and other users. 22 A preparatory meeting will be held with the rights holders before the relocation in order to remind them of their duties and their rights, as well as the new market regulations and its maintenance. Immediately after the completion of the relocation process, the temporary market will be demolished for the rehabilitation of the Western square according to the designs. 10. Community participation The parties responsible for the management of the new market project from the municipality and the Council for Development and Reconstruction were keen on conducting periodic meetings to explain the project and designs, as well as consultative meetings to explore the views, demands and concerns of the affected population. In addition to daily meetings with users in the market, public meetings were held with all the users. In the last week of December 2010, all affected parties were invited to participate in meetings held at the city House (Al Mamlouk) through personal invitations. These meetings aimed at: - Explaining how the new market will be managed in order to ensure the success of its economic goal, increase the number of visitors and present the new market regulations clauses. - Mitigating the negative impacts of the project on the beneficiaries. - Explaining the new market designs and discussing the requirements of the affected population. - Confirming the municipality’s promise to resolve the issue of the carts surrounding the market which adversely affect its economic benefit. - Explaining the relocation plan to the temporary and then permanent market On 20/12/2010, the first meeting was held with the vegetable vendors whereas the second with the clothing vendors. On the following day, the tenants of semi closed shops were invited. On the third day, a meeting was held with the owners of stone workshops and polluting trades. (For more details about the meetings, refer to the relevant report in Annex 5). One of the most important outcomes of these meetings was to agree on a formula to resolve the issue of polluting trades. Meat vendors were persuaded not to slaughter the animals inside the market and to use refrigerators to display the meat. It was also agreed with poultry vendor not to sell chicken inside the market and secure an alternative slaughterhouse, as well as the display in refrigerators. 23 The baker got a unit on the edge of the market for the technical impossibility of installing a furnace chimney. Following the meetings and presentation of the new market designs, the dream of a new high standards market became closer to reality and users started to worry about losing their livelihood in case the tenants from the municipality refused to renew their contracts once they obtain their unit in the new market; A debate was started on the contract which is under preparation by the municipality. Consultative meetings held with the rights holders of tenants and users in April 2011; that lasted for five days, in order to discuss the main contract clauses, such as rent, the contract duration and the reasons for termination. It was an appropriate opportunity to remind of the market regulations and explain the relocation mechanism to the temporary and permanent market. The division of the market by occupation was also discussed as well as units’ distribution. A special meeting was held with the tenants who did not pay their dues to the municipality, although they have concluded profitable investment agreements compared to what they pay to the municipality. Warnings were issued that they would lose their right to a stall in the new market. 11. Grievance Procedures The key institutions involved in the implementation and procedures for grievance redress are 1) the Municipality of Tyre (MOT); and 2) the Council for Development and Reconstruction (CDR). A committee composed of the Mayor, TAU member, lawyer of the municipality is handling the grievance redress mechanism. The procedure for handling grievances is as follows: ï‚· Announcement from MOT to declare the final eligible names of beneficiaries according to the final census and municipal resolution to resettle beneficiaries from the old market. Any objection on the draft list can be brought to the notice of MOT within 10 days ï‚· Invitation from MOT to beneficiaries for contract signing; ï‚· The affected person files his/her grievance in writing, to the Municipality of Tyre. The grievance note is signed and dated by the aggrieved person. In case the aggrieved person is unable to write, s/he obtains assistance from the municipality and the Technical Assistance Unit (TAU) to write the note and mark the letter with his/her thumbprint. ï‚· The Municipality responds within 14 days during which meetings and discussions are held with the aggrieved person who will present all necessary documentation during the discussions. 24 ï‚· If the aggrieved person does not receive a response or is not satisfied with the outcome within the agreed time, s/he lodges her or his grievance to CDR which will refer them to the PMU unit and the Grievance Redress Process. The municipality in Tyre received 34 objections. (Annex 6: List of objections). The procedure was handled at the local level. In fact, the Municipal office and technical support team stayed in constant touch with the market investors, closely following the changes in the names of users and tenants and trying to collect legal documents for contracts and units waiver. Following the survey, the final list of names, including the persons found to be entitled to rights in the market, as tenant and users, through legal papers and receipts, had been displayed. Rights holders were given ten days to make any claim or objection and prove their right by submitting the necessary documents. Each objection was filed at the Municipality’s Registrar. The complaint was registered in the book of complaints especially developed for the rights holders’ objections. The petitioner obtained a receipt bearing the complaint’s number and date to enable him to make any necessary review. The municipality followed up, with the technical support team, on the complaints and verified their validity before correcting the lists. If the objection was found valid, , petitioner’s name was corrected in the lists; and a written notification was prepared informing the petitioner of the decision. All objections submitted to the municipality have been solved amicably, with one exception, where the petitioner submitted his objection to the Municipality’s lawyer, M. Adnan Abu Zeid, who convinced him of the invalidity of his complaint. This mechanism enabled the municipality to prepare a complete file including all rights- holders who have a legal status in the market. 12. Organizational responsibilities and implementation schedule The CDR and the Municipality of Tyre are in charge of the Project. The temporary market has been built. The vendors of the market will move to it as soon as the RAP is disclosed locally and in the Bank’s infoshop. The construction of the new market will require 8 months. The users of the new market will be able to move to their new shops afterwards. 25 13. Monitoring and evaluation The purpose of the resettlement monitoring in Tyre will be to verify that: ï‚· The two phases of the resettlement process of the vendors are implemented correctly. The first phase includes the RAP from the old market to the temporary market and the second phase consists of the RAP from the temporary market to the new market. ï‚· Eligible affected people receive their unit in the temporary market and afterwards in the new market within agreed terms in the contract, design and timeframes. ï‚· The PAPs improve or at least restore their income and lifestyle. The following indicators will be monitored and evaluated: ï‚· Standards of living: throughout the implementation process the trends of living standards will be observed and surveyed to ensure that they are at least restored if not improved, and any potential problem in the restoration of living standards will be reported. ï‚· The perceived degree of involvement by the beneficiaries ï‚· Level of PAPs satisfaction: the level of satisfaction of PAPs with various aspects of the RAP will be monitored and recorded. ï‚· Grievances: what types of grievances have been identified after the implementation and what were the outcomes. The CHUD project will start the monitoring work as soon as the RAP has been approved. The PMU/CDR will undertake regular monitoring of the RAP implementation. Monitoring will be undertaken starting the relocation date to the temporary market till one year after the resettlement of the vendors to the new market. Progress with regard to safeguard implementation will be monitored at different levels. The Project Management Unit, the Municipal Implementation Unit at Tyre and the Technical Assistance Unit at the Municipality of Tyre will be responsible for monitoring the Project. The World Bank will review regular updates on RAP implementation through the reporting of the PMU and its missions. Finally, at the end of the project an independent monitoring should be carried out as the findings would be valuable for any further cultural heritage/urban development interventions. The Adjusted Matrix of CHUD Baseline Indicators (Annex 16) has been reviewed and will include specific indicators to monitor implementation of compliance with the social safeguards. Component 2 of the Matrix “Improved conditions for enhanced quality of lifeâ€? would be modified to take account of the qualitative nature of the process. It will now include: (i) the perceived degree of involvement by the beneficiaries and (ii) the degree of satisfaction after resettlement. Both indicators will be graded on a scale from 1 to 5." The PMU at the CHUD Project in coordination with the TAU will conduct the 26 social survey relevant to these two indicators. A questionnaire will be prepared for this purpose. In addition focus groups will be conducted with the beneficiaries to assess their needs, identify problems and identify their level of satisfaction with the project. The CHUD Project will as well identify any issues or cases of hardship resulting from the resettlement process and it will follow up with grievances in the implementation process and see that appropriate corrective actions have been undertaken and that outcomes are satisfactory. CHUD Project will submit the findings of the periodical monitoring in its quarterly progress report. The report will contain: ï‚· Data on the progress of the project resettlement implementation ï‚· Report progress on the follow up of problems and issues identified Results of studies (standards of living, level of satisfaction of the beneficiaries, degree of involvement of beneficiaries). 27 Annex – 1 – Decision of the Resettlement Committee 28 29 Annex – 2 – Al Bawaba Square Market Field Survey Lists - Tyre (2009) 30 31 32 33 34 35 36 37 38 39 40 Annex – 2â€? – Al Bawaba Square Market Field Survey Lists - Tyre (2011) 41 The professions that exist in the popular souk and stall distribution profession Number of units category Clothing 27 B1 Perfumes 1 B2 Accessories 2 B2 Telephone 2 B1+B2 Toys 3 B2 Shoes 1 B2 Vegetables 70 A Butcher 10 C Coffee shop 2 C Cassettes and CDs 1 B2 Beans seller 1 C Dressmaker 2 B1 Bakery accessories 3 B2 Shoe maker 3 B1 Bakery 3 C Barber 1 C Poultry 8 C Loto office 1 B2 Diaries 1 B2 Carpenter 1 C Home appliances 1 B2 Plumber 3 C Electronics 1 C Stationery 2 B2 Warehouse 9 B1+B2 (8) Closed 7 B2 Key maker 2 C Total 168 Number Category B1: L shape 34 B2: Semi closed 32 C: Full closed 32 Total 168 42 Imam Sadr Square/ Tyre: Clothing Shops Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tr category temporary the Municipal unit survey on unit survey on ade market Municipal records 13/1/2011 13/1/2011 records Imad Wassila Ahmad Clothin 1 1 Imad Fakhouri Fakhouri karshat g B1 Moussa Clothin 2 22 Moussa Mhanna Ali Khalil Abbas Mhanna g B1 Khadijeh Khadijeh Clothin 3 2 Muhammad Muhammad Ali Khalil Abbas g Abdallah Abdallah B1 Ahmad Ahmad Moussa Wassila Ahmad Clothin 4 21 Moussa Mhanna karshat g Mhanna B1 Muhammad Nemr Clothin 5 23 Kamel Saad Kamel Saad Wehbe g B1 Mahmoud Mahmoud Abbas Maryam Suleiman Perfum 6 20 Abbas houweila Qassem es houweila B2 Wajiha Wajiha Ahmad Wajiha Ahmad Access 7 24 Mhanna Mhanna Mhanna ories B2 Boushra Khadijeh Hassan Clothin 8 3 Boushra Bazzi Bazzi Amer g B1 Muhammad Clothin 9 19 Muhammad Aydibi Muhammad Aydibi Aydibi g B1 Anise Mahmoud Clothin 10 4 Lamya Ziab Lamya Ziab Abdallah g B1 Salam Khadijeh Abbas El Clothin 11 5 Salam Hassan Hassan Hajj g B1 Khadijeh Abbas El Clothin 12 6 Ali Darwish Ali Darwish Hajj g B1 Muhammad Muhammad Yasser Faysal El 13 18 Ahmad Shoes Ahmad Aydibi Youssef Aydibi B2 Faten Ali Ahmad Saleh Clothin 14 9 Faten Ali Jibahi Jibahi Meselmani g B1 Fahd Khalil Clothin 15 7 Fahd Khalil Baz Fahd Khalil Baz Baz g B1 Khadije Khadije Abbas El Clothin 16 8 Abbas El Fahd Khalil Baz Hajj g Hajj B1 Najah Ibrahim Clothin 17 17 Ali Mhanna Ali Mhanna Duheini g B1 43 Lina Clothin 18 25 Lina Ghadban Lina Ghadban Ghadban g B1 Clothin 19 16 Aya Halabi Aya Youssef Halabi Aya Youssef Halabi g B1 Zahra Clothin 20 26 Zahra Halabi Zahra Halabi Halabi g B1 Ibrahim Clothin 21 27 Ibrahim Saad Ibrahim Saad Saad g B1 Clothin 22 28 Hala Saad Hala Saad Hala Saad g B1 Wehbe 23 15 Wehbe Ziyab Wehbe Ziyab Toys Ziyab B2 Mira Nahim Mira Nahim Mira Nahim Clothin 24 29 Ibrahim Ibrahim Ibrahim g B1 Zaynab Clothin 25 32 Zaynab Ismail Douha Riad Hanafi Ismail g B1 Alieh Fadl Clothin 26 30 Alieh Fadl Ajami Alieh Fadl Ajami Ajami g B1 Sayyed Clothin 27 14 Sayyed Qamshi Hanadi Riad Hanafi Qamshi g B1 Mahmoud Ruqaya Hussein Clothin 28 31 Mahmoud Safa Safa Ezzeddine g B1 Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tr category temporary the Municipal unit survey on unit survey on ade market Municipal records 13/1/2011 13/1/2011 records Muhammad Muhammad Randa Khalil Clothin 29 10 Shehab Shehab Suleiman g B1 Ali Clothin 30 13 Ali Noureddine Ali Noureddine Noureddine g B1 Hasan Randa Khalil Clothin 31 11 Hasan Hammoudi Hammoudi Suleiman g B1 Zaynab Zaynab Zaynab Clothin 32 12 Noureddine Noureddine Noureddine g B1 44 Imam Sadr Square/ Tyre: Vegetable Stalls Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tra category temporary the Municipal unit survey on unit survey on de market Municipal records 13/1/2011 13/1/2011 records Vegeta Khalil 33 97 Khalil Hammoudi Khalil Hammoudi ble A Hammoudi stalls Vegeta Nasser Abu 34 98 Nasser Abu Zeid Khalil Hammoudi ble A Zeid stalls Vegeta Hussein 35 99 Hasan Saleh Ahmad Hammoudi ble A Saleh stalls Vegeta 36 100 Khodr Saleh Khodr Saleh Ahmad Hammoudi ble A stalls Vegeta Ikhlas Youssef kamal 37 127 Ikhlas Houmani ble A Houmani Shahtu stalls Vegeta Ikhlas Youssef kamal 38 128 Ikhlas Houmani ble A Houmani Shahtu stalls Vegeta Hassan Jihad Fadel el 39 117 Hassan Badawi ble A Badawi Jamous stalls Vegeta Ahmad 40 118 Ahmad Badri Ahmad Badri ble A Badri stalls Vegeta Hassan 41 101 Hassan Zorkot Hassan Zorkot ble A Zorkot stalls Vegeta 42 102 Ali Zorkot Ali Zorkot Ali Zorkot ble A stalls Vegeta Fatmeh Hayel Khaled 43 103 Fatmeh Ghazzawi ble A Ghazzawi Abdel Rahman stalls Sabra Vegeta Hayel Khaled 44 104 Hassan Sabra sabra ble A Abdel Rahman Sabra stalls 45 105 Fadi Nazzal Fadi Nazzal Hussein Nazzal Vegeta A 45 ble stalls Vegeta Mustafa Naim El 46 106 Hani Shour Hani Shour ble A Hajj hassan stalls Vegeta Suleiman 47 107 Suleiman Shour Suleiman Shour ble A Shour stalls Vegeta Muhammad Muhammad 48 108 Youssef Rida Najdi ble A daher daher stalls House 49 Fadi Nazzal Fadi Nazzal Hardwa re 92 B2 House Hussein Moussa 50 Ali zeidan Ali zeidan Hardwa Nazzal re Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tra category temporary the Municipal unit survey on unit survey on de market Municipal records 13/1/2011 13/1/2011 records Vegeta Ramez Hasan Samih 51 111 Ramez meselmani ble A meselmani dayekh stalls Vegeta 52 112 Khodr Shour Khodr Shour Khodr Shour ble A stalls Vegeta Hussein Ghassan Ahmad 53 115 Hussein Shaalan ble A Shaalan Dalbani stalls Vegeta Hussein Ghassan Ahmad 54 116 Hussein Shaalan ble A Shaalan Dalbani stalls Vegeta Muhammad Muhammad 55 137 Ali Hasan Zorqot ble A Qotaysh Qotaysh stalls Khalil Vegeta 56 138 Hassan Khalil Skayki Ali Hasan Hassan ble A Skayki stalls Hassan Vegeta 57 139 Ahmad Hassan hadraj Hassan hadraj ble A hadraj stalls Vegeta Mustrafa 58 140 Mustrafa Hadraj Hassan hadraj ble A Hadraj stalls Vegeta 59 141 Salah Skayki Salah Skayki Khalil Skayki A ble 46 stalls Vegeta 60 142 Salah Skayki Salah Skayki Khalil Skayki ble A stalls Vegeta 61 119 Ali Skayki Ali Skayki Ali Skayki ble A stalls Vegeta Hussein 62 122 Hussein Skayki Khalil Skayki ble A Skayki stalls Vegeta Abbas 63 121 Abbas Skayki Abbas Skayki ble A Skayki stalls Vegeta Ibrahim Ahmad 64 120 Saleh Aqil Saleh Aqil ble A Hammoud stalls Vegeta Hasan 65 123 Hasan Hobballah Ali Safieddine ble A Hobballah stalls Vegeta Ali 66 124 Ali Hobballah Hussein Ezzeddine ble A Hobballah stalls Vegeta Hasan Hasan and Rami 67 129 Hasan Mannah ble A Mannah Sobhi Saleh stalls Vegeta Ali El Hasan and Rami 68 113 Abdallah Dib ble A Noueiri Sobhi Saleh stalls Vegeta Ismail Muhammad Fadl El 69 114 Ismail Dbouk ble A Dbouk Noueiri stalls Vegeta Muhammad Muhammad 70 147 Hasan Abed ble A Noueiri Noueiri stalls Vegeta Taysir 71 143 Taysir Bawwab Kamal Bawwab ble A Bawwab stalls Vegeta Kamal 72 144 Kamal Bawwab Kamal Bawwab ble A Bawwab stalls Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tra category temporary the Municipal unit survey on unit survey on de market Municipal records 13/1/2011 13/1/2011 records Vegeta Abbas salim 73 126 Abbas Skayki Darwish Noueiri ble A Skayki stalls 74 125 Abbas Salim Abbas Skayki Darwish Noueiri Vegeta A 47 Skayki ble stalls Vegeta 75 131 Ali Bahr Ali Bahr Ali Bahr ble A stalls Vegeta 76 132 Khalil Bahr Khalil Bahr Khalil Bahr ble A stalls Vegeta Ahmad Ahmad 77 130 Darwish Noueiri ble A Khayrallah Khayrallah stalls Vegeta Aqil Moussa Aqil Moussa Aqil Moussa 78 148 ble A Moussa Moussa Moussa stalls Vegeta Walid Shadi Nasser 79 110 Walid Kaawar ble A Kaawar Houweila stalls Vegeta Hussein Hussein Fadl Shadi Nasser 80 109 ble A Noueiri Noueiri Houweila stalls Vegeta Muhammad Muhammad Muhammad 81 133 ble A Mannah Mannah Mannah stalls Vegeta Qassem 82 134 Qassem Mannah Qassem Mannah ble A Mannah stalls Vegeta Moussa 83 135 Moussa Nazzal Moussa Nazzal ble A Nazzal stalls Vegeta Muhammad Muhammad 84 136 Muhammad Nazzal ble A Nazzal Nazzal stalls Vegeta Moufid El 85 153 Moufid El Rahi Ali Hani Zamat ble A Rahi stalls Vegeta Mustafa El 86 154 Mustafa El Rahi Ali Hani Zamat ble A Rahi stalls Ahmad Vegeta 87 155 Darwish Darwish Noueiri Ali Abed ble A Noueiri stalls Vegeta Darwish 88 156 ble A Noueiri stalls Vegeta Mustafa 89 158 Mustafa Noueiri Mustafa Noueiri ble A Noueiri stalls Hussein Vegeta 90 157 Hussein Nasser Hussein Nasser A Nasser ble 48 stalls Vegeta 91 152 Ali Qoteish Ali Qoteish ble A stalls Vegeta Qassem El 92 151 Qassem El Samra Hasan El Samra ble A Samra stalls Hasan Vegeta Hasan Moussa Hasan and Ali 93 146 Moussa ble A Daher Nasser Daher stalls Vegeta Hussein Hasan and Ali 94 145 Hussein Maana ble A Maana Nasser stalls Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the Occupa the according to the technical support technical support tion/tra category temporary the Municipal unit survey on unit survey on de market Municipal records 13/1/2011 13/1/2011 records Ismail Vegeta Ismail Mousa Ismail Mousa 95 150 Mousa ble A Badawi Badawi Badawi stalls Vegeta Muhammad Muhammad Ismail Mousa 96 149 ble A Qazan Qazan Badawi stalls 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 49 119 120 121 122 123 124 125 126 127 128 159 Sharif Hijazi Sharif Hijazi Sharif Hijazi Cobbler B1 50 Imam Sadr Square/ Tyre: Stone workshops Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the the according Occupati the technical support technical support category temporary to the on/trade Municipal unit survey on unit survey on market Municipal records 13/1/2011 13/1/2011 records Hassan 129 87 Hassan Shahine Ali Shahine Butcher C Shahine 130 88 Ali Shahine Ali Shahine Ali Shahine Butcher C 131 89 Kamal Tefla Kamal Tefla Ali Shahine Butcher C Ababs 132 90 Ismail Ali Shahine Ismail Ali Shahine Butcher C Zeidan Salah 133 63 Salah Darmasis Ghazi Darmasis closed B2 Darmasis Muhammad Muhammad Muhammad 134 93 closed B2 Shouayb Shouayb Shouayb Abdallah Warehous 135 50 Abdallah Khalil Rabih Badawi B2 Khalil e Abdallah Warehous 136 51 Abdallah Khalil Rabih Badawi Khalil e B2 Coffee 137 82 Rabih Badawi Khalil Yahya Khalil Yahya shop C Enaam Coffee 138 91 Rabih Badawi Awad Enaam Awad shop C Adnan El 139 79-78-96-95 Sharqawi Adnan El Sharqawi Adnan El Sharqawi Poultry C 140 80 Yahya Awad Yahya Awad Yahya Awad Butcher C Itidal 141 81 Butcher Shahine Itidal Shahine Adnan Awad C Adnan 142 85 Butcher Awad Adnan Awad Adnan Awad C Kamal 143 86 Butcher Shahine Kamal Shahine Adnan Awad C Mohsen 144 83 Jaafar Mohsen Jaafar Adnan El Rahi ‫Ù?وال‬ C Nazih El Warehous 145 84 Nazih El Zein Zein e B2 Yassine el Hamida Muhammad Dressmak 146 64 Ashkar Yassine el Ashkar Toulam er B1 Bakery 147 65 Fatmeh accessorie Mustafa Fatmeh Mustafa Yassine el Ashkar s B2 Bakery 148 66 Fadi el accessorie Ashkar Fadi el Ashkar Fadi el Ashkar s B2 149 49 ‫خليل الصعيدي‬ ‫خليل الصعيدي‬ ‫صندوق الصدقات‬ Warehous B2 51 e 150 67 ‫انعام ذياب‬ ‫انعام ذياب‬ ‫حسن احمد علي‬ Cobbler B1 CDs and 151 68 ‫ديب شاهين‬ ‫ديب شاهين‬ ‫ديب شاهين‬ Cassetes B2 Manakish 152 69 ‫غسان عوض‬ ‫غسان عوض‬ ‫غسان عوض‬ Bakery C Manakish 153 70 ‫الهام شغري‬ ‫الهام شغري‬ ‫غسان عوض‬ Bakery C Basic right Unit No. Basic right holder Current user Unit No. in holder according to according to the according to the the according Occupati the technical support technical support category temporary to the on/trade Municipal unit survey on unit survey on market Municipal records 13/1/2011 13/1/2011 records Ahmad Manakish 154 71 Shahine Ahmad Shahine Ghassan Awad bakery C 155 72 Ali Shehab Ali Shehab Ali Shehab barber C Khalil 156 60 Roumieh Khalil Roumieh Ibrahim Roumieh poultry C Fatmeh 157 73 Rifai Fatmeh Rifai Moussa Naboulsi Loto B2 Zuheir 158 74 Awad Zuheir Awad Leila Meshaal Toys B2 accessorie 159 75 Bilal Awad Bilal Awad Leila Meshaal s B2 160 94 Hasan Awad Hasan Awad Hasan Awad Butcher C Dairy 161 76 Hasan Rifai Hasan Rifai Hasan Rifai products B2 Raef 162 77 Qarouni Raef Qarouni Raef Qarouni Butcher C Muhammad 163 56 Moussa El Muhammad Moussa Muhammad Moussa Ahmad El Ahmad El Ahmad Cobbler B1 164 40 Zaynab Dahi Zaynab Dahi Zaynab Dahi closed B2 Zaynab el Cellular 165 41 Halabi Zaynab el Halabi Muhammad Sheghri phones B1 Nadia 166 42 closed Mohsen Nadia Mohsen B2 167 57 Ali Roumieh Ali Roumieh Ali Roumieh Poultry C Hassan 168 58 Roumieh Hassan Roumieh Hassan Roumieh Poultry C Muhammad Muhammad Muhammad 169 59 Roumieh Roumieh Roumieh Poultry C Warehous 170 44 Ali Bahr Ali Bahr Ali Bahr e B2 Warehous 171 43 Haidar Bahr Haidar Bahr Ali Bahr e B2 Hamad Paper 172 62 Khalaf Hamad Khalaf Hamad Khalaf products B2 Adnan Salim El 173 47 Yasser Saad Yasser Saad Ashkar Plumber C 52 Adnan Salim El 174 48 Yasser Saad Yasser Saad Ashkar Plumber C Youssef Electronic 175 45 Hodroj Youssef Hodroj Youssef Hodroj s C Rida El 176 46 Ashkar Rida El Ashkar Rida El Ashkar Plumber C Ahmad Carts 177 52 Hamoudi Ahmad Hamoudi Ali Maksoud carpentry C Douha 178 33 closed Hanafi Douha Hanafi B1 Mahmoud Paper 179 61 Khalaf Mahmoud Khalaf Mahmoud Khalaf products B2 Abdel Rahman 180 34 Ali Akil Ali Akil Muhamamd Alawi Toys B2 Abdallah 181 35 closed Srour Abdallah Srour B2 Hussein Mummad Walid Warehous 182 36 Harkous Hussein Harkous Dalawaty e B2 Mummad Walid warehous 183 37 Isaaf Kahil Isaaf Kahil Dalawaty e B2 Wahideh dressmak 184 38 Ajmi Wahideh Ajmi Wahideh Ajmi er B1 Kamal 185 39 closed Dalbani Kamal Dalbani B2 Jawad 186 53 Safieddine Jawad Safieddine Jawad Safieddine keys C Souha 187 54 Muhammad Souha Muhammad Bahr Bahr Jawad safieddine keys C Hanan and 188 55 Wafa Hanan and Wafa Hussein Moussa warehous Nasser Nasser Nazzal e B2 53 Annex – 2* – Municipal Decision on Final Lists 54 55 Annex – 3 - Representative Committee Election Minutes 56 Technical Assistance Unit – Municipality of Tyre Cultural Heritage and Urban Development Council for Development and Reconstruction No.: - Minutes of the election of representatives of rights holders and users in the public market located in Imam Sadr Square (Al Bawaba( In the framework of the Cultural Heritage Project, funded by the World Bank and the French Agency for Development, specifically the second phase which includes the rehabilitation of Imam Sadr Square through the creation and reorganization of parking lots, the establishment of transportation and buses hubs, rehabilitation, restoration and reorganization of the old public market, establishing public restrooms and other vital services which meet the health and environmental requirements and preserve the aesthetic shape of the main entrance to the old city. In preparation to initiate the restoration work and the organization of the public market in the framework of the project above; And as an implementation of the resettlement plan of the tenants of commercial units on the market in question prepared by the Technical Assistance Unit in coordination with the project management unit of the Cultural Heritage Project; And with a view to communicate directly and discuss constructively with the Project beneficiaries in order to achieve the desired goals, especially following the visit of Mrs. Gloria Lakava, the social expert at the World Bank and the interviews she conducted in person with them; And at the request of the Council for Development and Reconstruction through the Project Management Unit in order to create a formal channel of communication with the beneficiaries, within the framework a general strategic communication plan which will be prepared at the level of the Project Management Unit and the Technical Assistance Unit of the Municipality of Tyre; 57 And based on its mandate to prepare nominal lists of elected persons and representatives of the beneficiary groups, the Technical Assistance Unit of the Municipality of Tyre undertook with the following: First: review the file of the tenants and users of Al Bawaba public market prepared by the Cultural Heritage Project Management Unit at the Council of Development and Reconstruction, where three categories of beneficiaries were found, according to their business unit’s nature and place of investment. These are successively: The tenants of the stone market, where the commercial units are built of stone and concrete, located to the north east of the public market. It hosts various heterogeneous commercial activities. The tenants of the vegetable market which is located in the middle of the public market. It consists of open-sided stalls , shaded by one common roof, used to sell fruits and vegetables. The tenants of the clothing market which is located at the end of the public market, to the south-west; it is mainly used to sell garments and linens. Second: direct coordination with the Head of the Municipality’s Tax Collection office, Mr. Nasser Najdi, in charge of collecting the rent from users in the popular market for the benefit of the municipality, in order to prepare elected lists of rights holders according to the categories mentioned in the previous section, to coordinate and officially follow-up with the supervising, monitoring, funding and beneficiary bodies of the project. Third: the preparation of matrixes with the names of the representatives of the Project’s beneficiaries in the public market on 23/ 3 / 2010, after granting them one week of consultation to elect who will represent them during the meetings to be held in the future, whether with the Council for Development and Reconstruction or with the Municipality of Tyre to take decisions on their situation and the fate of some of the professions within the market. Whereas it was agreed unanimously, through written signatures, on the assignment of each of the following names contained in the tables below as legal representatives, with the mandate of carrying out all the discussions and decision-making processes with stakeholders. 58 Position Committee of the owners of stone shops (various trades) President Ali Rounieh Member Ismail Shahine Member Jawad Safieddine Member Ghassan Awad Member Ali Shehab Position Committee of the owners of clothing stalls President Muhammad Mahmoud Aydibi Member Ahmad Saleh Meselmani Member Weheb Muhammad Diab Position Committee of the owners of vegetable stalls President Hussein Nazzal Member Ali Hani Zamat Member Muhammad Mannah Member Khalil Hamoudi Tyre, 23 March, 2010 Technical Assistance Unit – Municipality of Tyre Cultural Heritage and Urban Development Project Council for Development and Reconstruction 59 Annex – 4 – Decision on the trades allowed to be exercised in the new market 60 61 62 Annex – 5 – Minutes of the consultative meetings held on 20-27-29 December, 2010 63 64 65 66 COUNCIL FOR DEVELOPMENT AND RECONSTRUCTION CULTURAL HERITAGE AND URBAN DEVELOPMENT PROJECT MANAGEMENT UNIT Report on the Consultations meeting with the vendors of the public Market of Tyre 4 public hearing held on 20, 27 and 29 December 2010 January 2011 67 A. What are the issues on which there need to be consulted? The target of the first round of consultation with the people who are affected by the market project and to inform them about positive changes that could affect them. The spoken language is the Arabic, with simple terminology. Several main messages constitute the aim of these consultations meeting: - Operating successfully the public market to provide economic opportunity and to increase the number of visitors to the market and the public space. - Minimizing the negative impact on the stakeholders and the affected people by the project - Showing the plans of the new market and define his role. - Explaining the municipality will to resolve the chaos caused by the street vendors. - Defining the market manager who will be responsible on operating the market and enforcing the regulations of the market - Introducing the steps of resettlement to the temporary and later to the new market. B. Who are the key stakeholders who needed to be consulted? The project affected people i.e. the vendors expected to relocate to the new market, that have been listed in the census before the cutoff date. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. The first day consisted of 2 sessions held on Monday 20/12/2010. The first session was for the individual vegetables vendors expected to relocate to the new market area while the second meeting was for the clothes vendors. 19 vendors attended the meeting; 3 of them are from the syndicate, they represented the missing vendors. Most of those who attended the meeting operate several places and represent their relative. 33 clothes vendors’ attended the second sessions. The third meeting was for the semi closed places (professions stalls). 32 vendors attended this meeting. 68 The fourth session (the third day) was conducted on Wednesday 29/12/2010 with 9 negatively affected people (closed places) who may loss their income if they don’t obey the new regulations like the butcher since that slaughtering will not be allowed in the new market for hygiene reason, the chicken vendors since no live animal are allowed in the market and the steel worker since that he will have to move his workshop from the market and use his space only for exposition.. A representative of the dominated political party in the city who is known to have views on issues being addressed by the project assisted in the conversation and he had a small intervention in explaining the concern of the entire group in charge of implementation the new market including the municipality, the representative of the city, the CDR, the Contractor for the benefit of the vendors and the city… the party he represent can play an important role in shaping the views of some of the directly affected stakeholders, or in otherwise influencing project implementation. Pic.1 The representative of the dominated political party in the city promising the vendors that the market project will be implemented as seen in the presentation and that the execution will be start as soon as they give their commitment to the project. 4 Representatives from the municipality attended the first meeting; one of them has found the opportunity to know the details of the new market and to be informed of the project’s objectives and activities. In the fourth meeting 3 representatives participated 69 and they were involved in the discussion and guarantee the realization of the new market after moving to the temporary market. Also representatives of media assisted to the meetings, participated in the conversations and they were interested in having the presentation. The days following the consultations session, they wrote positive article concerning the consultations meetings and the design of market. C. What form did the consultation take? The TA/PMU organized 3 consultation days with different stakeholder groups. The scope of these sessions varies from one audience to another. These sessions are divided to 4 public hearings depending of the audience, in addition to the daily one-to-one information. The vendors in each group were informed personally orally and by a written invitation and signed a delivery certification. 70 Pict.2 sample of the invitation to the consultation that will be held on the 20/12/2010 signed by the trader of the stall number 58 on 17/12/2010, stating that he confirm the receipt of the invitation to the house of the city to discuss the resettlement plan and the new stalls. Pict.3 sample of the invitation to the second consultation day (27/12/2010) sent to city representative (representative of the Project-affected people) 71 D. Where the consultations are held? The consultations are held in the “Mamlouk houseâ€?. The choice of this location is justified by two reasons: o The “Mamlouk houseâ€? is restored buy the CHUD project and have been a place of cultural meetings and exposition. It’s known by the entire city as the “house of the cityâ€?. It’s well known location reduce the possibility of confusion on the location of the consultations o It’s location near the actual market (place of work of the directly affected stakeholder) avoid the need of transport facilities. o The meetings are held in a big hall where all participants are seated comfortably, where everyone can listen, watch the presentation and participate in the discussions. E. When the consultations are conducted? The first day of consultation consisted of 2 sessions held on 20/12/2010 with the vegetables vendors and the clothes vendors. The second consultation was supposed to be held on 22/12/2010 but it was postponed to the next Monday 27/12/2010 for 2 reasons: ï‚· The lack of time to inform in written all the vendors ï‚· To give the opportunity to the CHUD team to have a meeting to evaluate the first sessions and to discuss the improvement of the presentation. The third consultation day was held on 29/12/2010. To ensure that all stakeholders are given an opportunity to attend, vendors from different groups were allowed to participate in any other meeting session if they couldn’t attend their scheduled meeting for any reason. F. Documenting and disseminating the results: Copies of minutes of the consultation to record the issues discussed and the agreements reached will be available in Arabic with the TAU and the municipality. Photos were taken during the consultation and an attendance sheet was signed by all the audience. 72 At the end of the consultation meeting the participant were informed by the project team that they can have access the record of consultation at the TAU offices that, with the municipality, are ready to answer all the clarifications raised by the vendors who can also check their places in the new market in the plans. The team suggested that any complain or question raised by stakeholders, after these information meetings, should be registered in written in the TAU office. The consultation minutes: Due to late arrival of the vendors, the first session started on 11:30am. And the second session started at 12:20am . Before the beginning of the sessions, an attendance sheet was signed by all the audience. Pict.4 sample of the attendance sheet which was signed by the vendors in each session The sessions started with a presentation and were completed by an open discussion. The presentations included the followings: ï‚· Importance of the market considering his location and his economical benefits. 73 ï‚· A briefing of the actual market situation accompanied by photos : bad ventilation, lack of lighting, the chaos, the waste, the small walkway, the electrical cables, the bad smell, the lack of sanitary condition, the extension of some stalls to the parking, the competition of the fly market and a commentary on their negative impact on the market. ï‚· Exposure of the old design and explaining how the concern of the financier, the municipality and the PMU to take into consideration the anxiety of the vendors and the resolution of all the actual negative issues, have lead to the new design of the market even thought it caused the delay of the project. Followed by brief justification of the aim the CHUD project and its objective to succeed the public market to attract new life to the old city and ameliorate the economical situation. ï‚· Presentation of Plans and perspective of the new market during which the team explained and clarify details and methodology that reach to this final outcome solving the problems such as joining the 2 parts of the market so that both parts can profit from all visitors, the entrances, the height of the roof (which provide a good ventilation and a better illumination), the stalls, the materials used, the width of the walkway, repartition of the vendors… the perspective plan of the market was very useful to calm the anxiety of the vegetable vendors. They agreed on the shape and the size of the stalls. ï‚· Explication of the rules and guidelines for compensation distribution of the pitches and the methodology applied consistently throughout the resettlement plan. ï‚· Briefing of some Promotional and Marketing ideas and activities that can be performed in the market or the public area and which will help revitalizing the neighborhoods and the market and will increase the visitor’s number. At the end of the presentation, the resettlement to the temporary market was discussed and agreed by the vendors. After the presentation, the consultant explained the schedule of implementation of the new market 74 Pic.5 All questions raised by the audience were answered seriously. All vendors were treated fairly. 75 G. Reflecting the results of consultations in project design and implementation Recommendations of the first consultation day can be divided into 5 categories: 1- Issues that can be addressed through changes in project design: some dresses vendors asked to exchange their places in the new market. Friends or relative wanted to use adjacent places to be able to alternate their presence. Promises were given to these ladies to take into consideration their demands after passing to the TA office to study the availability of these places. 2- Issues that can be addressed later on during or after the project implementation:  Some vendors asked to increase the working hours in the market for 2 reasons:  The dresses vendors and the bakers asked not to limit the working hours since that the new public space next to the market will attract audience to unlimited time during the day and night.  The vegetable vendors commented that the late working vendors will protect the market specially that some unpleasant actions are actually happening in the dark after closing the existing market during the night. The PMU, after explaining that the new market will be illuminated and secured during the night, promised to discuss this issue with the municipality who is the decision maker in the market.  An important issue was raised by must of the vendors (of all trades); they have concerns that after moving to the temporary market, the new market project will not be executed and that they will have to leave their actual places. The absence of the municipality representative in the second consultation day confirmed their concerns. Before the third meeting the CHUD team urged the mayor to be represented to relieve their anxiety and to proof the involvement of the municipality. 3 members of the municipality attended the fourth meeting (3rd consultation day) and they promised to deliver each vendor a memorial from the municipality stating the actual number of each stall (a running number was given to each kiosk), it’s number in the temporary market (as a reference to know the location in the new market in the drawing) and it’s expected location and pitch number in the new market. 3- Issues that are beyond the scope of the project and are better addressed through alternative projects: none of these issues were raised in these consultations. Vendors were well informed about the consultation reason. 76 4- Issues that cannot be addressed by the project due to technical, jurisdictional or excessive cost-associated reasons:  2 family related clothes vendors asked to open/remove the partition between their adjacent places to enlarge the selling space. The team was very strict by answering these kinds of questions; the regulation is clear: the municipality is the owner of all pitches “no erection or change in the structure of the stall is allowedâ€? and that the regulations will be firmly and equally applied specially that some vendors thought that their political leader or their representative in the municipality will give them special treatment.  A couple of vegetables vendors suggested to be compensated by money during the implementation works of the new market and avoid moving to the temporary market. The team explained that the World Bank as being the project sponsor has collaborated with the city municipality in the distribution of compensation which will be stall-for-stall compensation. 5- Issues raised and answered during the consultation that have been already solved by the design or related document such as the regulations of the market or the operation plan:  Concerns were raised by the vegetables vendors concerning the identity of the market manager and the procedure to hire him. The anxiety of the vendors was calmed down after explaining that the municipality will assign that person and he will be responsible to administer the market.  The vegetable vendors urged to have firm regulations to protect their business and the market especially from the street vendors; the regulations of the market were briefly explained to release the fear of the vendors and to show that the chaos will not be allowed in the new market.  Questions related to the selling area assigned to each vendor were asked by all vendors, the dimension of each stall, width of the walkway between the stall, the methodology used when assigning the places. The discussions were easier with the vegetable vendors and harder with the clothes vendors who were seeking for a wider displays area. After a detailed explanation from the consultant who gave the dimensions of the stalls, they were satisfied.  Concerns of loosing the clients of the market after the relocation of the market. These concerns were minimized after explaining that the New Market will be constructed in the same land of the old market after displacement of all traders to a temporary market constructed for this issue accordingly the market will not loose its potential numbers of clients. 77  The vendors preferred if the displacement to the temporary market was avoided by exploring alternative projects design. The CHUD team explained that the displacement to a temporary market is unavoidable, due to the change in the design requested by the stakeholders, the municipality and the city representatives to keep the intended location as an open public space. 6- Issues on which explicit agreement has been reached between stakeholders and municipality (and the CHUD team): Before the fourth session, One-to-one informations were held with the negatively affected operator (polluted operator), who will have to abide to the new market regulations, to decrease the pressure in the forth meeting.  5 Butchers (3 for meat and 2 for chicken) were informed that live animals and slaughtering in the new public market is forbidden for sanitary reasons and that all meat entering the market must be properly covered to avoid contamination. Moreover barbecue is not allowed in the new market. Since that a municipal decision forbid slaughtering in the whole city, it’s allowed only in the municipal butchery, it was easy to convince the 3 butchers to abide to that law. The butcher Hassan Awad used to grill meat in the middle of the old market. After that he attended the third meeting (even though he wasn’t invited, his turn was the fourth meeting), he was able to see the design of the new market and the location of his place, he was convinced that the new market and his place at the sea side entrance next to the parking will attract more customers. We were surprise that it was very easy to convince him not to grill in his new place.  An electricity provider located since 1993 was paying rents to the Municipality. His name is Kassem Hassan Ahmad. His generator used to produce heat, noise and bad smell in the market. His used to provide electricity to the neighborhood and to the municipality. During the preliminary design of the market, the municipality agreed with him to facilitate his displacement from the market to another area. Now, he is the biggest electricity provider in the Hosh area in the north side of the city. (he moved before the census agreed by the municipality).  Ghassan Awad is a “manakish’ baker. In the new market, he will get a closed place on the sea side of the market. After the individual meeting with him, we agreed to give him a place on the border so that a small shaft can be fixed fixing on the roof.  Hairdressers were given closed shop at the sea side because they need special infrastructures and they were satisfied about their location.  The negotiation with the steel worker is still ongoing. In the existing market, he operates three adjacent places; he extended his workshop to benefit 78 from an extra area from the parking. It’s hard to convince him that all his goods shall be contained within his licensed pitch area and shall not be projected beyond. The municipality decided that his place will be a selling place not a workshop. The negotiation between the municipality and the forger is still ongoing to reach an agreement. One of the solutions suggested by the municipality is that he keeps two places in the new market and from the rent amount of the third place he can rent a workshop in the industrial zone. In the meeting of 29 December, he showed a positive attitude about negotiating the municipality. After these individual meetings with the negatively affected operators, the meeting of 29 December 2010 passed smoothly without objection. At the end of the consultation, promises were given to the vendors to take into consideration their suggestions. The last note was that the municipality and the TAU are ready to answer all the clarifications of the vendors who can check their places in the new market in the plans with the TAU. Before leaving the vendors were asked individually if they are satisfied after the session, and the surprise was that the vendors began to ask about dates of the resettlement to the new market. The consultations provided the audience with a clear understanding of how the project and the changes it will bring about will have an impact on them. The target of the consultation was reached, and the audience/vendors confirmed to corporate with the implementation group of the new market (municipality, TAU/CDR, Contractor). Actually and after days of the consultations, the vendors are following the day to day planning of the market; they are convinced that the new market will be executed for high-quality specifications and that the resettlement will provide opportunities to improve their business and increase their turnover and that the distribution of places is adequate. 79 Pic.6 The audience of the 2nd communication day (3rd session) . Pic.7 The audience of the 1st communication day (2rd session) 80 Pic.8 The audience of the 3rd communication day (4th session) 81 Annex – 6 – List of Complaints 82 Table of the objections and complaints concerning the public market from 01/06/2011 to 08/06/2011 Transaction Unit Previous Number Date Name Subject of Complaint Current Situation Recommendation Decision Comments Number Number Situation 710 710/1 1/6/2011 Asmahan 5 Change the tenant’s Asmahan Youssef Kamel Saad N/A Modify the Youssef name by virtue of a Mehanna name Mehanna waive contract 710 710/2 1/6/2011 Hoda Sayed 6 Change the tenant’s Hoda Sayed Mahmoud N/A Modify the Mohammad name by virtue of a Mohammad Hoila name Bahraini waive contract Bahraini Qamsh Qamsh 710 710/3 1/6/2011 Bushra Bazzi 8 Error in the name Bushra Bazzi Khaled Bazzi N/A Modify the instead of Khaled name Bazzi by virtue of a receipt 710 710/4 1/6/2011 Ahmad Amin 14 Change the tenant’s Ahmad Amin Ahmad N/A ........ Aidibi name by virtue of a Aidibi Saleh waived contract Mesalamani 710 710/5 1/6/2011 Ali Qasim 17 Change the tenant’s Ali Qasim Mohammad N/A Modify the Mehanna name by virtue of a Mehanna Nimer Wehbi name waived contract 710 710/6 1/6/2011 Aya Youssef 19 Change the tenant’s Aya Youssef Eva N/A Modify the AL-Halabi name by virtue of a AL-Halabi Ghadban name waived contract 710 710/7 1/6/2011 Mira Naeem 24 Change the tenant’s Mira Naeem Ahmad Ali N/A Modify the Ibrahim name by virtue of a Ibrahim Hmoudi name waived contract 710 710/8 1/6/2011 Mohammad Ali 27 Change the tenant’s Mohammad Ali Sayed N/A Modify the Hmoudi name by virtue of a Hmoudi Qamshee name waived contract 710 710/9 3/6/2011 Ali Mahmoud 42 Change the tenant’s Ali Mahmoud Hassan N/A Modify the Zarkt name by virtue of a Zarkt Mahmoud name waived contract Zarkt 710 710/10 3/6/2011 Hussein 50 Change the tenant’s Hussein Moussa Ali Zaidan N/A Modify the Moussa Nazal name by virtue of a Nazal name waived contract Change the tenant’s Hassan Samih Hassan Samih Ramez Modify the 710 710/11 3/6/2011 51 name by virtue of a N/A Dayekh Dayekh Meslamani name waived contract Change the tenant’s Moufid Al Modify the 710 710/12 4/6/2011 Ali Hani Zamat 85 name by virtue of a Ali Hani Zamat N/A Rai name waived contract 83 Transaction Unit Previous Number Date Name Subject of Complaint Current Situation Recommendation Decision Comments Number Number Situation Change the tenant’s Mostafa Al Modify the 710 710/13 4/6/2011 Hani Ali Zamat 86 name by virtue of a Hani Ali Zamat N/A Rai name waived contract Change the tenant’s Mohamad Darwish Fadel Darwish Fadel Modify the 710 710/14 6/6/2011 87 name by virtue of a Darwish N/A Nueiri Nueiri name waived contract Nueiri Change the name of Hassan Ali Modify the 710 710/15 6/6/2011 Hassan Dahir 93 Hassan Dahir N/A the tenant Ghzayel name Change the name of Safi Hassan 710 710/16 6/6/2011 Hassan Dahir 94 Hassan Dahir N/A ‫تعديل االسم‬ the tenant Ghzayel Change the tenant’s Ismail Ghazwan Ghazwan Moussa Modify the 710 710/17 6/6/2011 95 name by virtue of a Moussa N/A Moussa Badawi Badawi name waived contract Badawi His name was mentioned in the 2008 He invested in a stall Give him a statistics in the vegetable shop in the 710 710/18 6/6/2011 Sherif Hejazi 128 Sherif Hejazi Sherif Hejazi N/A and has market and use it to new market been work as a cobbler (B1) practicing the profession of cobbler Hassan Ali Change the name of Hassan Ali Nabil Modify the 710 710/19 7/6/2011 129 N/A Shahine the tenant Shahine Hemoudi name Ali Hassan Change the name of Ali Hassan Hussein Modify the 710 710/20 7/6/2011 130 N/A Shahine the tenant Shahine Hamoudi name Fadi Yassin Change the name of Fadi Yassin Yassin Reda Modify the 710 710/21 7/6/2011 148 N/A Alashar the tenant Alashar Alashar name Change the name of Modify the 710 710/22 7/6/2011 Zainab Dahi 164 Zainab Dahi Abbas Awad N/A the tenant name Change the tenant’s Ibrahim Ahmad Ali Ahmad Ali Modify the 710 710/23 8/6/2011 177 name by virtue of a Hussein N/A Hemoudi Hemoudi name waived contract Skiki Change the tenant’s Doha Riad Adnan Salim Modify the 710 710/24 8/6/2011 178 name by virtue of a Doha Riad Hanafi N/A Hanafi Alashar name waived contract Sayel Khaled Error in writing the Sayel Abdul Hayel Abdul Modify the 710 710/25 8/6/2011 43 - 44 N/A Abdul Rahman name Rahman Rahman name 84 Transaction Unit Previous Number Date Name Subject of Complaint Current Situation Recommendation Decision Comments Number Number Situation Contact Ali There is another Safieddine Hassan investor for his unit Ali and make 710 710/26 8/6/2011 123 Hassan Haballah N/A Haballah his name is Hussein Safieddine sure that he Ezzeddin willingly left the unit Add the name of Atef Ali He invests in the stall Ismail Ghzayel 710 710/27 8/6/2011 Atif Ali Ghzayel 96 96 with Ismail Moussa Atif Ali Ghzayel Moussa N/A because he Badawi Badawi pays the tax to the municipality Cannot give him a stall His name is not because his mentioned on the Hamad Moussa Hamida name is not 710 710/28 8/6/2011 113 municipal lists, and Hamida Kelm N/A Hamoud Kelm mentioned Hamida Kelm invests on the table his stall of 2008 statistics Cannot give him a stall because his His name is not Mohamad name is not 710 710/29 8/6/2011 115 mentioned on the N/A Meghniyeh mentioned municipal lists on the table of statistics 2008 Change the tenant’s Ismail Ali Abbas Modify the 710 710/30 8/6/2011 132 name by virtue of a Ismail Ali Shahine N/A Shahine Zaidane name waived contract Error in registering Modify the 710 710/31 8/6/2011 Yehya Awad 141 the name of the Yehya Awad Adnan Awad N/A name investor Error in registering Ibrahim Khalil Modify the 710 710/32 8/6/2011 156 the name of the Ibrahim Roumiyeh N/A Roumiyeh Roumiyeh name investor 85 Transaction Unit Previous Number Date Name Subject of Complaint Current Situation Recommendation Decision Comments Number Number Situation Make sure if Hussein Nazal was expelled from the unit and in case they Someone from agreed Kassab family is together Hussein Hanan and investing in it instead Hanan and Wafaa that this 710 710/33 8/6/2011 188 Moussa N/A Wafaa Nasser of Hussein Moussa Nasser place Nazal Nazal and he is using cannot be it to sell meat used to sell meat because it is classified as a Semi closed warehouse 86 Annex – 7 – Site plan of the current public market: 87 88 89 Annex – 8 – Site plan of the temporary and new public market: 90 91 Annex – 9 – Design plan of the temporary market 92 93 Annex – 10 – Design plan of the new market 94 95 96 97 98 Annex – 11 – Models of the market and units 99 100 101 102 Full closed 103 L shape 104 Semi Closed 105 Annex – 12 – Table of Units Distribution in the old market 106 107 Annex – 13 – Table of Units Distribution in the temporary market 108 109 Annex – 14 – Socio-Economic Questionnaire 110 Council for reconstruction and development CHUD Project Technical Assistance Unit – Municipality of Tyr Socio-economic questionnaire for users of the popular market Resettlement Action Plan of the Market 1. Questionnaire number ----------- 2. Commercial unit number ----------- 3. Location ----------- 4. Type of commercial activity ----------------------- 5. Surface of the commercial unit (m²) ----------- 6. Height of the ceiling ----------- 7. Characteristics -------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------ Part I: 8. Name -------------- 9. Nationality -------------- 10. Phone number -------------- 11. Address ---------------------------------------------------------- 12. Age group â–¡ 15-24 â–¡ 25-39 â–¡ 40-54 â–¡ 55 and above 13. Marital status â–¡ single â–¡ married â–¡ divorced â–¡ widow â–¡ separated 14. Full name of the right holder ------------------------ 15. Remarks --------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- Part II: Socio-economic information 16. Type of commercial activity ----------------------- 17. Date of beginning of work ----------------------- 18. Value of monthly rent (paid to the municipality) ----------------------- 19. Value of monthly allowance (paid to the right holder) ----------------------- 20. Working hours in the unit ----------------------- 21. Number of persons working in the unit (Lebanese or other nationalities) ----------------------- 111 22. Monthly income: â–¡ less than 500 000 Lebanese pounds â–¡ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds â–¡ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds â–¡ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds â–¡ less than 500 000 Lebanese pounds 23. Educational level: â–¡ does not read and does not write â–¡ read and does not write â–¡ academic or technical studies â–¡ does not read and does not write â–¡ completed elementary studies â–¡ completed primary studies â–¡ completed secondary studies â–¡ completed university studies â–¡ completed advanced studies 24. Household size including mother and father: ----------------- 25. Do you have a social security scheme? â–¡ yes â–¡ no Part III: Socio-economic information concerning the wife and children 26. Does the wife work outside the house? â–¡ yes â–¡ no 27. If the answer is “yesâ€? what is her job? -------------------------------- 28. Does the wife work inside the house? â–¡ yes â–¡ no 29. If the answer is “yesâ€? what is the type of her job? -------------------------------- 30. How much does she earn per month? ---------------------------------- 31. Socio-economic data concerning the children Child Age Enrolled at technical Not Type of Income per school enrolled in work month school 1 2 3 4 5 6 7 8 9 112 32. Proposed activities to enhance the socio-economic situation of the family: ------------------------ -------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------- 33. Remarks: -------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- 113 Annex – 15 – Sample Contract 114 LEASE CONTRACT AMONG THE UNDERSIGNING PARTIES First Party: Tyre Municipality – represented by the Mayor engineer Hassan Mohammed Toufic Dbouk And Second Party: Introduction to the contract - Since the first party is managing the property number /2363/ of the Tyre region real estate, which consists of a land of 16740 square meters now includes an old popular market and an empty area called “sahat al Kassamâ€? to the entrance of Tyre’s port. - As the second party is running in the popular market a commercial shop. - As the Municipality is in the process of developing and improving the aforementioned property and the replacement of the current market with a new advanced one according to plans and drawings that have been observed and approved by the Second Party, and the municipality presented to the second party to move to a temporary market located in the northwest corner of the property in question pending the demolition of the old market and the construction of the new market in its place by when the second party a shop in return of the old one according to the terms and implications of this contract. So it was agreed in satisfaction and mutual acceptance between the two parties on the following: First: The introduction with all its parts is considered as an integral part of this contract and complementary to it. 115 Second: Both parties agreed that the second party will evacuate the shop in the current market (the old) and move to the temporary market described in the introduction, specifically to the shop, which holds no.- ..........- for a period of up to seven months from the date of relocation pending within the deadline specified replacement of the old market building with a new own, and lastly handing over to the second party in the final new market the shop no.- ..........-. Third: the term of this contract is fifteen years, renewable for the written consent of both parties and for a period agreed upon at the time. Forth: The monthly rent agreed upon between both parties to be Paid from the second party to the first party for the occupation and use of the facilities, is the amount of one hundred thousand Lebanese pounds from the date of delivery of the shop in the new market; the second party vows to pay it in advance at the beginning of each month at the Municipality and that the failure to pay of two installments consecutive will lead to termination of this contract and on his responsibility; It is also agreed that the rent specified above shall be subject to the same value of the increase occurring to the minimum wage increase and accordingly increase with the same percentage. Fifth: The usage of the above mentioned shop is only for the sale of.................... Sixth: The second party vows to preserve the shop handed over to him and maintain at his own expense in order to keep it always in good condition and suitable for use in accordance with the allocated usage without any modifications of any kind. Seventh: The second party vows to preserve the cleanliness of the shop and the cleanliness of the market, and display items in an orderly manner without exceeding the boundaries of the said place and keep the pedestrian corridor without any encroachment or surpasses by him. 116 Eighth: It is not allowed for the second party assignment of this contract in whole or in part, to anyone in any way, for only one exception where the second party may grant the right to invest the said shop to a third person for a limited period of maximum up to three years, after obtaining the written consent of the first party, and increase the monthly rent due for the latter by 25% of the base rent set out in the investment right signed between the second party and the third person. The second party vows to grant the current investor Mr. ............................. the right to invest the shop subject of this contract for a period of three years from the date of receipt of the new shop in the new market and for a monthly investment rent of............................ .... only. Ninth: It is agreed between the two parties that a special management system for the new market will be placed by the municipality, and the second party vows to abide by it, provided that the system in question does not prejudice sections "III" and "IV" of this contract. Tenth: It is agreed between the two parties that any duties or taxes or fees, including fees and cost of private water and electricity, or the cost of goods or wages of workers or permits and permissions and licenses necessary or consequences as a result of work of the second party, are the sole responsibility of the later. Eleventh: It is agreed that the rights granted to the Second Party under this contract is transferred to his inheritors for the remaining period of the contract and they will take his place in this contract for all conditions and obligations. Twelfth: It is agreed between the two parties that if the second party exercise his right to grant investment of the shop in accordance with section "VIII" of this contract, the third party is limited to its relationship with the second party only and the latter remains liable to the municipality for payment of rents and compliance with the conditions described in this contract and in the management system of the market, and therefore the third party violations as a breach of the second party and assumes full responsibility with all legal outcomes and contractual obligations to the municipality. 117 Thirteenth: The Municipality guarantees the maintenance of public and common sections in the new market and the delivery of water and electricity to it, and provides it with sanitation and public toilets and public lighting, and the provision of security in order to maintain it always in good condition, all in accordance with the management system of the market. Fourteenth: It is not allowed for the second party the closure of the shop in question for a period of more than two months, and is not permitted in any way to use it as warehouse. Fifteenth: The prejudice of the second party in any provision of this contract will lead to the breach of the contract on his responsibility. Sixteenth: It is granted that the two parties agreed that this contract and the market management system referred to above governs the relationship between the two parties, and can not be invoked in any other text that opposes its provisions. Seventeenth: Any dispute arising from this contracts, both in terms of implementation, interpretation or proves conditions, will be considered exclusively to the civil judge in Tyre. This Contract is printed in two copies and signed by the two Parties on .../.../...... and each party received its own copy. The first party The second party 118 Annex – 16 – Adjusted matrix of CHUD baseline indicators 119 ADJUSTED MATRIX OF CHUD BASELINE INDICATORS Baseline (2006 -08) PDO components Outcome/Output indicators (from PAD, AM and CRI) Source Baalbeck Saida Sour Byblos Tripoli What does this indicator mean? 1- Provision of services at municipal level to increase employment in services and tourism related activities PAD 2- Recoginition by residents and tourists of improved benefits 3- Cities market a wider range of services, tourism and investment opportunities The average number of chairs per café or restaurant in each city. Example: On average a café or restaurant in Average number of seats in cafes and restaurants BC - 2008 28 58 67 65 43 Baalbeck has 28 chairs 1 The total number of chairs in each city. Example: There are 641 visible chairs in all the cafes and restaurants in Tripoli Total number of seats in cafes and restaurants BC - 2008 671 2,346 2,995 2,469 641 which were part of the census. High season BC - 2008 2.9 3.6 3.6 5.5 1.6 The average number of employees in heritage and tourism enterprises during the high and low seasons. Example: In 2 Average number of employees in H&T Tripoli, there are on average 1.6 workers in heritage and tourism related enterprises during the high season, and 1.4 Low season BC - 2008 2.9 2.4 3.3 3.4 1.4 during the low season High season BC - 2008 6.8 17.1 10.4 6.9 8.2 Average monthly turnover in thousand US dollars in high and low seasons in heritage and tourism related 3 Monthly turnover in H&T (Thousand USD) enterprises. Example: The average monthly turnover in Baalbeck is $6,800 in high seasons and $2,400 in low seasons Low season BC - 2008 2.4 8.6 5.7 3.4 1.0 High season BC - 2008 8 70 75 97 31 Average number of daily customers in H&T related enterprises in high and low seasons. Example: Heritage and 4 Average number of daily customers in H&T tourism related enterprises in Tripoli had on average 31 customers in high seasons and 12 in low seasons Low season BC - 2008 5 24 44 27 12 1 : Improved conditions for increased local economic development Arab tourists BC - 2008 5% 6% 9% 18% 5% Non-Arab tourists BC - 2008 5% 3% 14% 26% 4% Percentage share of tourists according to their nationalities, where they are divided into Arab and non-Arab tourists and residents from the same area or a different region in Lebanon (internal tourism). Example: 5% of tourists in the 5 Distribution of clients during the high season Internal tourists BC - 2008 22% 22% 20% 25% 49% high season in Baalbeck are Arab, 5% are non-Arab, 69% are residents of the same region and 22% are residents coming from other parts of lebanon CRI Residents BC - 2008 69% 70% 56% 31% 41% The percentage of heritage and tourism related enterprises out of all enterprises in the census. Example: 34% of the 6 Heritage and tourism related businesses (H&T) (percentage) BC - 2008 34% 47% 36% 50% 16% enterprises in Baalbeck are heritage and tourism related The percentage of enterprises having a commercial registration. Example: 11% of all surveyed enterprises in 7 Commercial registeration (percentage) BC - 2008 11% 41% 45% 56% 29% Baalbeck have a commercial registration The percentage of enterprises having a VAT (Value Added Tax) registration. Example: In Tripoli, 16% of all surveyed 8 VAT regisration (percentage) BC - 2008 3% 4% 44% 30% 16% enterprises have a VAT registration Percentage of enterprises which have made investments over the past 12 months. Example: In Baalbeck, 2% of all 9 Investing enterprises BC - 2008 2% 10% 0% 12% 8% surveyed enterprises have made investments (capital, stock, physical) over the last year Percentage of enterprises which expect that their turnover will increase thanks to the CHUD project. Example: 26% 10 Expectations of increased turnover due to CHUD BC - 2008 26% 65% 57% 27% 47% of the enterprise owners in Baalbeck think that CHUD will improve their business when its completed Percentage of enterprises who have heard of the CHUD project in their city. Example: 92% of the enterprises in 11 Awareness of CHUD in city BC - 2008 96% 53% 66% 43% 92% Tripoli know about CHUD Overall OS- 2006 2.08 2.87 2.90 2.92 2.20 Average rating from 1 to 5 (5 being the best) of CHUD works by different groups during the 2006 opinion survey. Resident OS- 2006 2.01 2.80 2.70 2.82 2.02 12 Rating of CHUD works Example: In Baalbeck, the overall rating of CHUD was 2.08. Residnets rated it at 2.01, businesses at 1.98 and visitors Business OS- 2006 1.98 2.92 2.94 2.88 2.27 at 2.41 Visitor OS- 2006 2.41 2.98 3.32 3.22 2.52 1 - Square meters of rehabilitaed street network and public spaces, coastal zone, harbor areas in protected perimeter 2- Length of pedestrianized street network in protected perimeter 3- Number of controlled parking spots per resident in protected perimeter PAD 4- Square meters of green space per resident in protected perimeter 5- Rehabilitated open public spaces (including harbor, coast, port) as % of total protected perimeter 2 : Improved conditions for enhanced quality of life 6- Square meters of rehabilitaed historic buildings in public use per resident of protected perimeter 7- Amount of financial support leveraging private housing rehabiliatation 1 Area of pedestrian public squares/spaces sqm CHUD team 20080 3000 10125 32790 10350 2 CHUD team 3 2 3 5 0 Number of recreational events in public squares 3 CHUD team 1 0 0 1 0 Public parking (not done by CHUD) Outputs 4 CHUD team Number of households and individuals resettled 5 CHUD team Number of relocated vendors Number and type of local community development activities conducted per 6 CHUD team year 7 CHUD team Number of Public Hearings Healh about CHUD The overall rating ( from 1 to 5) of the impact of CHUD works on the quality of life in the city. Higher ratings indicate 8 Impact on the resident’s quality of life OS - 2006 2.22 3.55 4.16 3.19 2.93 Outcomes more positive impact of the CHUD works as perceived by the respondents. The overall rating (from 1 to 5) of the impact of CHUD works on traffic regultation. Higher ratings indicate 9 Impact on traffic regulation OS - 2006 2.08 3.11 4.03 2.57 2.58 satisfaction with the CHUD works related to traffic regulation 1- Exposed archaeological structures and artifacts on project sites catalogued and inventoried by end of the project 2 - Archaeological structures and atrifacts protected against stuctural and surface damage by end of project; site presentation plan implemented PAD 3 : Improved conservation and management of 3- Archaeological studies launched and completed 4- Increased number of rehabiliation and repair permits by 3% by mid-term and by 5% by end of project 5- Increased real estate values per sq.meter of sold and rented residential and commercial property in historic city centers 1 Number of employees in DGA dedicated to arch. Sites CHUD team 15 6 30 8 12 Outputs 2 Number of archaeological projects CHUD team 2 10 8 7 7 3 Number of rehabilitation permits for historical properties CHUD team 14 30 18 44 68 It is the cumilative numver of permits given between 2006 and 2008 Lebanon's built heritage The overall rating (from 1 to 5) of the management of archaeological sites. Higher ratings indicate better 4 Rating management of archaeological sites OS - 2006 2.78 3.45 3.79 3.9 2.39 management according to the respondent opinions sale price BC - 2008 449 473 929 1,200 261 Outcomes Residential units prices The median sales and yearly rent prices of residential units per square meter in US dollars. Example: The median 5 (USD per sqm) selling price per sqm of residential units in Baalbeck was $449, and the yearly rent price per sqm was $25 rent price BC - 2008 25 22 45 58 18 sale price BC - 2008 2,750 5,125 7,406 1,763 288 Business units prices The median sales and yearly rent prices of business units per square meter in US dollars. Example: The median 6 (USD per sqm) selling price per sqm of business units in Baalbeck was $2,750, and the yearly rent price per sqm was $163 rent price BC - 2008 163 189 261 178 189 1- Implementation of the MIUs 2- Training and TA delivered to municipalities 4: Capacity building and institutional 3- GIS implemented PAD 4- Delivery of TA program to DGA 5- UNESCO expert reports 6-Equipment installed and operational 7- TA to DGU delivered; implementation and operation of PMU Outputs 1 CHUD team 5 5 9 12 4 Number of staff in charge of maintenance of old city 2 Number of Operation Contracts CHUD team 0 1 0 0 1 3 Approval of landmark conservation laws CHUD team CHUD team should clarify this strengthening Outcomes The overall rating (from 1 to 5) of the management of the old city. Higher ratings indicate better management 1 Rating management of old city OS - 2006 2.5 3.46 3.7 4.2 2.36 according to the respondent opinions 120