Point Pedro Harbor – Jaffna

Resettlement Plan

July 2018

Sri Lanka: Northern Province Sustainable Fisheries Development Project: Point Pedro Harbor – Jaffna

Prepared by the Ministry of Fisheries and Aquatic Resources Development and Rual Economic Affairs for the Asian Development Bank.

CURRENCY EQUIVALENTS (24 July 2018)

Currency unit – Sri Lanka rupee (SLR) SLR1.00 = $0.00628 $1.00 = SLR159.43

ABBREVIATIONS ADB – Asian Development Bank CFHC – Ceylon Fisheries Harbours Corporation GN – grama niladhari GND – grama niladhari division GRC – grievance redress committee GRM – grievance redress mechanism ha – hectare LAA – Land Acquisition Act m – meter MFARDREA – Ministry of Fisheries and Aquatic Resources Development and Rural Economic Affairs ML – Ministry of Land MLD – Ministry of Land and Land Development MRRNDHRA – Ministry of Resettlement, Rehabilitation, Northern Development and Hindu Religious Affairs NEA – National Environment Act NIRP – National Involuntary Resettlement Policy PMU – project management unit PPTA – project preparatory technical assistance RP – resettlement plan SPS – Safeguard Policy Statement UDA – Urban Development Authority

GLOSSARY

Vadi - Fishing hut use for resting and repair nets.

NOTE In this report, "$" refers to United States dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CONTENTS

I. Project Description ...... 1 II. Scope of Land Acquisition and Resettlement...... 3 III. Socioeconomic Information and Profile...... 4 A. Persons Affected by Land Acquisition ...... 5 B. Persons Affected by Economic Displacement Due to the Loss of Beach Access for Fishing...... 6 C. Vulnerability ...... 8 IV. Information Disclosure, Consultation, and Participation ...... 9 A. Project Preparation ...... 9 B. Project Implementation ...... 11 V. Grievance Redress Mechanism ...... 12 A. GRM Levels and Composition ...... 12 B. GRM Operations ...... 14 I. Legal Framework ...... 15 A. Legislative Framework ...... 15 B. Policy Framework ...... 18 II. Entitlements, Assistance and Benefits ...... 25 A. Valuation of Lost and Affected Assets ...... 25 B. Damages Caused During Construction ...... 30 C. Mitigation for Temporary Livelihood Disturbance ...... 30 D. Cut-off date ...... 30 III. Income Restoration and Rehabilitation ...... 31 IV. Resettlement Budget and Financing Plan ...... 31 V. Institutional Arrangements ...... 33 VI. Implementation Schedule ...... 36 VII. Monitoring and Reporting ...... 38

ANNEXES Annex 1: Letter from the Government Agent of Jaffna Confirming that there are No Indigenous Community Living in the Coastal Area of Jaffna District ...... 40 Annex 2: Minutes of the Consultation and Attendance with Fishermen in Point Pedro on November 29, 2016 ...... 41 Annex 3: Minutes of the Consultation and Attendance with Squatters Occupy State Land in Point Pedro on December 28, 2016 ...... 45 Annex 4: Minutes of the Consultation and Attendance with Affected Fishermen in Point Pedro on March 30, 2017 ...... 48 Annex 5: Summary of Land Acquisition Process in Sri Lanka ...... 51 Annex 6: Minutes of First GRC Meeting at Point Pedro ...... 55 Annex 7: GRM Brochure ...... 56

LIST OF FIGURES Figure 1: Layout of Proposed Point Pedro Harbor ...... 2 Figure 2: Proposed Site for Fishery Harbor Development in Point Pedro ...... 3 Figure 3: Grievance Redress Process ...... 15 Figure 4: Project Organization Structure ...... 34

LIST OF TABLES Table 1: Summary of Impacts ...... 4 Table 2: Affected Households by Gender ...... 5 Table 3: Affected Persons by Age ...... 5 Table 4: Affected Households by Size ...... 5 Table 5: Affected Persons by Education...... 5 Table 6: Affected Persons by Occupation ...... 6 Table 7: Income Distribution ...... 6 Table 8: Affected Persons by Gender ...... 6 Table 9: Affected Persons by Age ...... 6 Table 10: Affected Household by Size ...... 7 Table 11: Affected Persons by Education ...... 7 Table 12: Affected Persons by Occupation ...... 7 Table 13: Condition of Houses ...... 8 Table 14: Affected Households by Income ...... 8 Table 15: Stakeholders Consulted ...... 9 Table 16: Further Consultations ...... 10 Table 17: Consultation and Disclosure Activities ...... 11 Table 18: Levels of GRM Committee ...... 12 Table 19: LAA, NIRP, and SPS, 2009 ...... Error! Bookmark not defined. Table 20: Detailed Entitlement Matrix ...... 27 Table 21: Indicative Resettlement Budget ...... 32 Table 22: Roles and Responsibilities for Resettlement Plan Implementation ...... 34 Table 23: Implementation Schedule ...... 36 Table 21: Monitoring and Evaluation Indicators ...... 38

I. PROJECT DESCRIPTION

1. The Project aims to sustainably increase fisheries production in the Northern Province through four outputs.

2. Output 1: Climate resilient infrastructure developed. Two harbors in Point Pedro, Jaffna District and Pesalai, Mannar District; one anchorage in Jaffna District in Mandativu, and 23 landing sites (8 in Jaffna, 6 in Mannar, 6 in Mullaitivu, and 3 in Kilinochchi) will be constructed.

3. Output 2: Aquaculture developed. Detailed designs, construction and operational start-up of artificial breeding production facilities, to provide the necessary seed stock for three target species. A sea cucumber hatchery with a production capacity of one million juveniles per year will be established in Mullaitivu; a mud crab hatchery with a production capacity of one million crablets per year will be established in Mannar; a sea weed tissue culture laboratory capable of producing 30,000-50,000kg of propagules will be established in Jaffna. The first coastal aquaculture training center in the country will also be established in Mannar district.

4. Output 3: Entrepreneurial skills, market links and credit access for local communities; and capacities of government officials strengthened. Of the 264 grama niladhari divisions (GND) that comprise the project area, following a ranking based on a vulnerability criterion developed, 141 GND’s were identified for targeted support. Communities in these GNDs will be supported through: (i) provision of small-scale infrastructure and replanting of mangroves to support livelihoods; (ii) identification of potential livelihood opportunities based on market requirements and provision of training to develop relevant skills; (iii) improving and facilitating access to credit through greater awareness on available credit facilities and supporting preparation of documentation including business plans to access credit; (iv) supporting the establishment of three model enterprises in partnership with the private sector capable of generating employment opportunities for the community; and (v) provision of psycho-social trauma support for communities impacted due to the prolonged conflict.

5. Involuntary resettlement impacts are anticipated for Output 1. This resettlement plan has been developed for the Point Pedro Fishery Harbor. The harbour will include onshore facilities specifically:

(i) Berthing facilities to the vessels 150 IMUL (multiday medium) 25 IMUL (multiday deep sea) 50 1-day boats

(ii) Additional facilities

Net mending hall Auction Hall (main and quay wall) Off-loading building Community hall and canteen Radio room and fisheries inspector's office Facility for SL Navy and Coast Guard Sales Outlets CFHC Administrative Office Accommodation facility and CFHC storage Toilet and shower facilities Security facilities

Wastewater treatment facilities Water supply Weighbridge and control room Ice plant Ice/cold storage Fueling facility Boat lifting and mechanical repair workshop Beacon lights, leading lights and marker buoys Services (roads, lighting, etc.)

6. The harbor with above facilities will be fenced with secure access.

Figure 1: Layout of Proposed Point Pedro Harbor

7. The Ministry of Fisheries and Aquatic Resources Development and Rural Economic Affairs (MFARDREA) identified several potential sites in the Northern Province for the development of fishery harbor facilities. The Jaffna Peninsula was considered the most suitable for the development of a deep drafted harbor facility in the Northern Province.

8. The proposed site is located in the eastern part of the northern coastline of the Jaffna Peninsula. A jetty of the Sri Lanka Ports Authority (SLPA) is located at the. It is located at a gap of the reef formation that runs close and parallel to the northern coastline of the Jaffna Peninsula. Larger depths closer to the coastline exist at this location in comparison with the other areas on either side of the proposed site. The Site is situated in the administrative 3

divisions of Point Pedro (J-401) Grama Niladhari Division (GND) and Point Pedro East (J-403) of Vadamarachchi North Divisional Secretariat Division in Jaffna District. The J-401 GND consists Supparmadam, Point Pedro and Koddady villages. The proposed site is in Koddady village. The proposed site falls in the local authority limits of Point Pedro Urban Council. The site is easily accessible and the Jaffna-Point Pedro Road runs along the coastline of the area.

9. Location and design options were assessed to minimize involuntary resettlement impacts. Significant minimization efforts include (i) the exclusion of 0.2011 ha of government land which was occupied by 16 households, and (ii) changes in layout to preserve the sea view of an adjacent school.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

10. The harbour requires 6.30 ha for onshore facilities. Of this area, 0.07 ha will be acquired and the rest will be reclaimed. The proposed harbour is shown in Figure 2.

Figure 2: Proposed Site for Fishery Harbor Development in Point Pedro

11. Of the 0.70 ha required, 0.63 ha is existing government land1 (Coastal Conservation Department [CDC] and Divisional Secretary [DS] of Point Pedro), and the balance of about 0.06 will be acquired from private owners. Private lands belong to 13 AHs (51 APs). Details of the plots are in Table 1. The land acquisition involves partial acquisition of small areas of each AH’s individual properties. After acquisition, remaining land left with the AH is still viable and will not result in any AH becoming landless.

1 The Ministry of Fisheries has taken action to transfer the government land.

Table 1: Summary of Impacts Project Land Affected Land Use and Assets AH APs Component Ownership Area (ha) Onshore Private land Vacant 0.0036 1 4 facilities Onshore Private land Vacant 0.0016 1 5 facilities Onshore Private land 1 Toilet 0.0028 1 2 facilities Onshore 1 Coconut tree and 15m Private land 0.0011 1 5 facilities Fence Onshore Private land 15m Fence 0.0010 1 4 facilities Onshore Private land 20m Fence 0.0007 1 4 facilities Onshore Private land 20m Fence 0.0013 1 1 facilities Onshore Private land Vacant 0.0025 1 4 facilities Onshore 2 Vadi, 1 Toilet, 1 Well Private land 0.0127 1 4 facilities and 5 Coconut trees Onshore 1 well and 2 Coconut Private land 0.0076 1 5 facilities trees Onshore Private land 2 Coconut trees 0.0064 1 8 facilities Onshore Private land Vacant 0.0106 1 2 facilities Onshore Private land Vacant 0.0033 1 3 facilities State land, Abandoned house of Onshore Divisional non-titled AP with 5 0.0155 1 1 facilities Secretary, Coconut trees Point Pedro Divisional Onshore Secretary, Vacant 0.0133 0 0 facilities Point Pedro Costal Onshore Conservation Vacant 0.4977 0 0 facilities Department Sri Lanka Port PPD Pier Pier for berthing 0.1148 0 0 Authority

12. The harbour will cause unavoidable impacts on an abandoned house with one AP. Other structures to be affected include: (i) two semi-permanent fishing Vadies, (ii) 2 protected wells, (iii) 2 toilets, (iv) 70 meters (m) fences, (v) a drainage canal and (vi) an internal road. The harbour construction will also affect 10 mature coconut trees that provide supplementary income to households.

13. Because of minimization measures, 13 households occupying government land will not be displaced. However, these 13 households berth 30 fishing boats on the beach which be used by the harbour.

III. SOCIOECONOMIC INFORMATION AND PROFILE 5

14. A comprehensive socio-economic survey was conducted in December 2016. The survey included all 26 households potentially affected.

15. This section describes two categories of APs. The first category includes those who will be affected land acquisition. These comprise 13 households who will lose private land. The second category of the APs are those potentially affected by economic displacement due to the loss of beach access for fishing. These comprise 13 households who occupy adjacent government land.

A. Persons Affected by Land Acquisition

16. The proposed harbor area in Point Pedro GND is mainly an urban area whose total populaion is 1,773. The survey shows that the 13 titled households which will be affected comprise 51. APs are all Tamil. Male-female compositions are in Table 2, and age distribution is in Table 3.

Table 2: Affected Households by Gender Male Female 28 (54.9%) 23(45.1%)

Table 3: Affected Persons by Age 0-5 years 6-19 years 20 -30 years 31-45 years 46-60 years 60>years 3 (5.88%) 17 (33.33 %) 4 (7.84%) 11 (21.57%) 9 (17.65%) 7 (13.73%)

17. The average family size is 3.9 persons which below the national average (Table 4). The APs are literate with educational attainment summarized in Table 5.

Table 4: Affected Households by Size Single Member 1 7.69% 2 Member 2 15.38% 3 Member 1 7.69% 4 Member 5 38.46% 5 Member 3 23.08% 8 Member 1 7.69%

Table 5: Affected Persons by Education 1. Illiterate 0 0.00% 2. Can place signature 0 0.00% 3. Waiting for schooling 3 5.88% 4. Class I-V 8 15.69% 5. Class VI-G.C.E. (O/L) 14 27.45% 6. Passed Ordinary Level 14 27.45% 7. Passed Advanced Level 4 7.84% 8. Undergraduate/Graduate 2 3.92%

18. Of the APs, 11% have engaged in fishing for generations using mostly primitive deep sea fishing techniques. None of them berth fishing boats in the proposed harbor area. Aside from fishers, the balance workforce (16% of APs) have government or private sector jobs. The employment patterns and the unemployment rate of 2.5% may indicate the slow growth of fishing industries and lack of employment opportunities. The rest of the APs (17%) are students, elders, and children below 5 years (Table 6).

Table 6: Affected Persons by Occupation

Fishing Government Private Housewife Unemployed Students Retiredperson Infant and elders

6 4(7.84%) 4(7.84%) 6(11.76%) 1 (2.5%) 18(35.29%) 3(5.88%) 9(17.65%) (11.76%)

19. While there is a poor household among the AHs (Table 7), most are not poor with only 15% in the two poorest income brackets. The survey shows that there are AHs with several employed family members and that there are AHs which receive substantial remittances from family members abroad.

Table 7: Income Distribution SLR SLR SLR SLR SLR SLR SLR 10001 to 15001 to 20001 to 25001 to 40001 to 5000 10000 to 50000 15000 20000 25000 30000 50000 40000 1 1 1 3 1 1 0 1 4 (7.69%) (7.69%) (7.69%) (23.08%) (7.69%) (7.69%) (0%) (7.69%) (30.77%)

B. Persons Affected by Economic Displacement Due to the Loss of Beach Access for Fishing

There are 13 non-titled2 households which will lose beach access and these households comprise a total of 45 persons. Male-female composition ( 20. Table 8) and age distribution (Table 9) are shown below.

Table 8: Affected Persons by Gender Male Female 19 (42.22%) 26 (57.78%)

Table 9: Affected Persons by Age 0-5 years 6-19 years 20 -30 years 31-45 years 46-60 years 60>years 3 (6.67%) 9 (20%) 14(31.11%) 11 (24.44%) 6 (13.33%) 2 (4.44%)

2 The status of tenure was obtained from Divisional Secretariat of Point. Occupants living in government land had annual renewable permits except those displaced from Palali. Records of the Divisional Secretariat of Point Pedro show that permits have not been renewed for a long period, thus the 13 AHs are considered non-titled. Intitally 16 households were surveyed but since the survey, 3 households have relocated to the government sponsored site in Pallali.

21. The average family size among these APs is 3.46 persons which is lower than national average (Table 10). AP literacy in this group is lower than the group affected by land acquisition (Table 11).

Table 10: Affected Household by Size Single Member 1 7.69% 2 Member 2 15.38% 3 Member 2 15.38% 4 Member 6 46.15% 5 Member 2 15.38%

Table 11: Affected Persons by Education 1. Illiterate 1 2.22% 2. Can place signature 7 15.56% 3. Waiting for schooling 3 6.67% 4. Class I-V 9 20% 5. Class VI-G.C.E. (O/L) 22 48.89% 6. Passed Ordinary Level 0 0% 7. Passed Advanced 1 2.22% 8. Undergraduate/Graduate 2 4.44%

22. In contrast to the APs who will lose land, these APs have a heavier dependence on fishing (40%). They have been engaged in generations of fishing using primitive techniques like the other group of APs but they are not targeted for deep sea fishing. Unemployment is substantially higher at 20%. The lower education attainments and lack of employment opportunities are probably causing the higher unemployment. The rest of the APs comprise students, elders and children below 5 years (Table 12).

Table 12: Affected Persons by Occupation

Fishing Government Housewife Unemployed Students Infantand elders 18 1 5 9 8 4 (40%) (2.22%) (11.11%) (20%) (17.78%) (8.89%)

23. The survey also recorded the condition of the 13 houses constructed in government land (

24.

25.

26. Table 13). Occupants report that they are paying taxes to the Urban Council. While there is a poor household among the AHs (Table 14), similar to the group affected by land acquisition, most are not poor and the survey shows that there are AHs with several employed

family members and that there are AHs which receive substantial remittances from family members abroad.

Table 13: Condition of Houses Floor Wall Roof Boundary Wall Brick 13 Brick Masonry 13 13 Masonry 13 Cement Cement (100%) and Tin sheet (100%) (100%) and Tin (100%) sheet

Table 14: Affected Households by Income 5001 to Rs.10001 Rs.15001 Rs.20001 Rs.25001 Rs.30001 Rs.40001

C. Vulnerability

27. From the APs, potential vulnerable persons were examined against the following categories: (i) female-headed households with no regular income source (including widows and divorcees), (ii) households headed by the elderly (above 60) with no regular income sources, (iii) disabled heads of households who have no regular income source, (iv) indigenous persons,3 (v) persons living below the poverty line, and (vi) landless persons.

1. Vulnerable Persons Affected by Land Acquisition

28. The project is not expected to have substantial impacts on all APs. The main source of livelihood is fishing and employment. APs engaged in fishing will not be affected by project construction as they do not berth their boats in the area. On the otherhand, as there are APs involved in deep-sea fishing, they may benefit from the project. Further, APs will not be physically displaced hence the land acquisition will not have impacts on employees.

29. The largest impacts are in terms of potential lost income from livelihood associated with the Vadis (for buying fish) and income from coconuts which are supplementary rather than primary sources of income. Consultations show that the Vadis can be shifted to the remaining unacquired portion of the AH’s lot. As the harbour will bring in more fish catch, it is likely that the AHs with the Vadis will have more business post-project. Loss of Vadies are compensated with temporary business income loss till re-established.

30. The assessment identified 3 vulnerable AHs headed by the elderly with no regular income source. Because these vulnerable households will still have remaining viable plots, the only potential income loss is from lost coconuts. An additional entitlement of 10 coconut planting material for vulnerable persons losing coconuts in addition to the replacement cost of the coconut tree lost will be provided. The Vulnerable Displaced Persons are entitled to receive a special grant of Rs. 15,000 each.

3 Indigenous people in Sri Lanka are called “Vaddha”. The proposed project does not have Vaddhas. The Government Agent of Jaffna confirmed that there are no indigenous communities living in the coastal area of Jaffna District (Annex 1).

2. Vulnerable Persons affected by Loss of Beach Access

31. The project can have significant impact on APs because their main source of livelihood could be affected if they are unable to berth their fishing boats. In addition, among the 13 AHs, assessments show that there are 4 vulnerable households comprising 3 female headed households and 1 elderly headed household with no regular income sources. Attention will be provided to all households affected by the loss of beach access. Alternative access will be ensured by the project management unit (PMU). In case of delays in providing access, allowances for lost income will be provided. In addition, vulnerable AH will be provided an additional special grant of Rs. 15,000 in addition to the allowance for lost income.

IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

32. Consistent with National Involuntary Resettlement Policy (NIRP) and ADB’s Safeguard Policy Statement (2009) (SPS), meaningful consultation4 will be undertaken. The main stakeholders consulted are: affected persons, residents, fisher’s societies, relevant government agency representatives, and local government officials.

A. Project Preparation

33. The PMU and the project preparatory technical assistance (PPTA) team conducted consultations during project preparation. A summary is in Table 15. Annexes 2 and 3 provide details of these consultations.

Table 15: Stakeholders Consulted Name Key Matters Discussed

Government Agent, Jaffna Project information Project information, Land Requirement, Land issues, Section II Divisional Secretary, notice, Alternative land, Entitlement and Compensation matters, Point Pedro Consultation with Aps Land Officer, Land Requirement, Land issues, Section II notice, Alternative Divisional Secretariat Point land, Affected trees. Consultation with Aps Pedro Acquisition Officer, Land Requirement, Land issues, Section II notice, Alternative Divisional Secretariat Point land, Affected trees, Consultation with Aps Pedro Economic Development Officer, Land Requirement, Land issues, Section II notice, Alternative Divisional Secretariat Point land, Affected trees, Consultation with Aps Pedro Federation of the Fishermen Harbour Design, Proposed facilities, Benefits of proposed harbor, Society, Point Pedro. Land requirement, Entitlement and Compensation matters, Harbour Design, Proposed facilities, Benefits of proposed harbor, Fishermen Societies Land requirement, Entitlement and Compensation matters, Alternative land Social Survey, Replacement value, Harbour Design, Proposed Affected Households facilities, Benefits of proposed harbor, Land requirement,

4 Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Entitlement and Compensation matters, Alternative land, Revised design, Exclusion of state land occupants(squatters)

34. Further consultations and meetings were undertaken to ensure project information was shared. Pockets meetings are part of the consultation process guided by the Resettlement Specialist. The Land Officer of the Divisional Secretariat visits the site and conducts consultations. Details including participants are in Table 16. The leaflet used during the consultation is attached in Annex 4.

Table 16: Further Consultations Meeting Date No of Participants Kick off meeting 01/09/2016 77 Consultation with Fishermen Corporative Societies and 02/09/2016 48 Unions Mid-term review meeting 10/11/2016 54 Review meetings Meeting with PPD Fishermen 29/11/2016 34 Meeting with APs of Proposed harbour site in Point Pedro 28/12/2016 20 Meeting with affected fishermen 30/3/2017 21 Pocket meeting with Affected Households by Divisional 05/01//2017 18 Secretariat staff Pocket meeting with Affected Households by Divisional 06/01/2017 18 Secretariat staff Pocket meeting with Affected Households by Divisional 24/01/2017 13 Secretariat staff Pocket meeting with Affected Households by Divisional 01/02/2017 9 Secretariat staff Pocket meeting with Affected Households by Divisional 09/02/2017 9 Secretariat staff Pocket meeting with Affected Households by Divisional 16/02/2017 7 Secretariat staff Meeting with APs of private land owners 2/11/2017 8 Meeting with Methodist Girls’ High School 24/11/2017 15 First Divisional GRC Meeting 6/12/2017 10 Meeting with Affected Households by Divisional 20/12/2017 10 Secretariat staff Monthly GRC Meeting 21/3/2018 8

35. Consultations show that private land owners are willing to sell land for the harbour project and they expect fair market value for the land. It was explained to land owners that required private land will be acquired based on government regulations and replacement cost will be paid for the acquired land. AHs also expected compensation for lost assets.

36. The Fishermen Society of Kottady and the fishing community in Kottadi requested to limit the harbor boundary up to Nadarager Stage so that they will continue to have beach access. This request was incorporated in design which limited the harbour boundary to Nadarager Stage so as not to affect beach access as opposed to the original design.

37. The boundary extends north toward the Methodist Girls’ High School. Issues raised by the school including the view, noise and odor, and traffic were addressed through changes in design. Buildings and facilities were moved to address noise and odor, and there will be no buildings and facilities to block the school’s view . Further, the fence in the section will be an interlink fence so that the view will not be blocked. Traffic measures will also be implemented so as not to cause disturbance to the school. Further discussions will be held with school authorities to ensure their concerns are addressed.

38. Fishers occupying state land raised their concern regarding relocation. They said that the identified relocation site is not suitable for continuing fishing and it is far away from the beach. Consequently, the design of the harbour was revised to exclude land occupied by 13 fishing families. Physical displacement was avoided. Further, the lost beach access will be addressed through an alternate adjacent berthing site. Fishers agreed and proposed dredging for better navigation. Dredging has been included in project design.

39. The Kottadi Fishermen Society (who will no longer be affected by the harbour based on the change in design) raised the issue of sand at a GRC meeting held on 21 March 2018. They further requested dredging of about 150m. Dredging has been included in project design.

40. The Division-level Grievance Redress Committee was formed at the divisional level on 6 December 2017 under the chairmanship of the Divisional Secretary. The method of lodging complains was the APs. The brochure issued at the meeting is in Annex 7.

B. Project Implementation

41. A framework for consultation and disclosure is detailed in

42. Table 17 for continuing the process during implementation.

43. The information disclosure process initiated at the early stage of the planning focusing on the land acquisition process, payment of compensation, entitlements and other resettlement issues will continue with strong participatory elements till the end of the project. The information will be made available in the local language (Sinhalese and Tamil) in addition to the English version and to APs. The implementing agency will keep the APs informed about the impacts, the compensation and assistance proposed for them and facilitate addressing any grievances. The information will have to be available for the general public to study adequately. It will be displayed at public places such as DS Offices and Local Authorities to which APs have easy access. A copy of the draft RP has been disclosed on ADB’s website. Updated and final RPs will have to be available for the general public to study adequately including in ADB’s website.

44. Compensation/assistance to APs is required prior to commencement of civil works.

Table 17: Consultation and Disclosure Activities Project Phase Activities Details Responsible Agency RP Updating Supplemental Updated RP to be disclosed in RS to conduct surveys. surveys local language though printed PMU and Participatory materials to APs particularly Development and those who are vulnerable and Grievance Redress other stakeholders. Committee to disclose RP to stakeholders (including making it available in PMU offices and government agency offices), PMU to disclose on the web. Formulating Conducting stakeholder PMU and Participatory additional consultations particularly APs Development and compensation and in and reflecting issues raised Grievance Redress resettlement in updated RP. Committee, RS assistance measures

Disclosure of updated Provision of updated RP to all PMU to disclose on the entitlements and stakeholders particularly APs. web. PMU and assistance Conducting consultations and Participatory distributing local language Development and versions of the updated Grievance Redress summary RP. Committee, RS to conduct consultations. RP Disclosure of final or Review and approval of MFARDREA to provide Implementation updated RP updated or final RP by ADB with updated or Stage MFARDREA. Review and final RP for review and approval of updated or final approval. PMU to RP by ADB. Web disclosure of disclose on the web. the updated or final RP. Consultation with Consultations with APs. PMU with RS APs during RP implementation

V. GRIEVANCE REDRESS MECHANISM

45. A project-specific Grievance Redress Mechanism (GRM) will be established to receive and facilitate the resolution of affected persons’ concerns, complaints, and grievances on social and environmental issues.

46. The Land Acquisition Act (LAA) provides a limited GRM where certain grievances of displaced persons relating to compensation can be referred to the Board of Review established under the LAA. The NIRP recommends the establishment of an internal monitoring system by project executing agencies to monitor the implementation of RPs in handling grievances. A person who does not agree with the decision of the Board of Appeal can go before the Supreme Court claiming higher amounts of compensation. The Appeal Board and the Supreme Court are located in Colombo, and may not effectively serve APs.

47. The multi-tiered GRM for the project is outlined below, each tier having time-bound schedules and with responsible persons identified to address grievances and consult appropriate persons at each stage. The objective of the GRM is to support genuine claimants to resolve their problems through mutual understanding and consensus building process with relevant parties. This is in addition to the available legal institutions for resolving issues. APs using the project GRM can choose to use legal systems at any point in the project GRM process.

48. Where an AP is not satisfied with the outcomes of the 3 tiers of the project GRM, the AP should make good faith efforts to resolve issues working with the the South Asia Regional Department through ADB’s Sri Lanka Resident Mission. As a last resort, the AP can access ADB’s Accountability Mechanism (ADB’s Office of Special Project Facility or Office of Compliance Review).5 The information on how to make a complaint can be found at internet site www.adb.org/site/accountability-mechanism/main.

A. GRM Levels and Composition

49. The Proposed Grievance Redress Mechanism is implemented through three levels. Committees are formed by administrative directions of the Ministry of Fisheries and Aquatic Resources. The three levels are in Table 18:

5 Contact information on ADB’s Sri Lanka Resident Mission is in https://www.adb.org/countries/sri-lanka/main. Information on ADB’s Accountability Mechanism is in www.adb.org/site/accountability-mechanism/main.

Table 18: Levels of GRM Committee 1. National- Formed at MFARDREA this will function as an apex body of the GRM level GRC system, mainly to hear appeal cases coming from operational level GRCs, and to provide policy and regulatory support to operational level GRCs. 2. Divisional- DS-level GRCs will handle issues not resolved at the site-level. level GRC 3 Site-level APs have access to approach the project contractor, site engineer of PIU and consultant particularly on construction and site-specific issues.

1. Project Site-Level

50. The site-level grievance team comprises:

(i) PIU Site Engineer (ii) Contractor’s Site Representative (iii) Supervision Consultant’s Representative

51. APs may approach the above staff at the site. Information will be disseminated so that APs will know the contact details of the site grievance team. The team will record all issues raised in a GRM site logbook, and provide reports on grievances to the PMU. If issues are resolved directly between the affected person and the team, the resolution is recorded in the GRM site logbook and no follow-up is required. If it is not resolved, the AP can escalate the issue to the Divisional-level GRC.

2. Composition of the DS-level Grievance Redress Committee

52. The DS-level GRC will include members who understand local-issues and mixes government and non-government representatives who will aim to reach consensus on issues raised by APs. Issues not resolved at the site can be raised by the AP for GRC action. The AP should lodge complaints at the DS-level GRC through the DS office, with copy to the PIU. Complaints brought to either Grama Niladhari Office, the Construction Site or at the office of the Assistant Director of Fisheries or Fisheries Inspector—will also be entertained. The GRC will meet within 2 weeks of being informed of a complaint, and should resolve the complaint within 2 weeks of meeting. The GRC members are:

(i) Divisional Secretary of the area Chairman (ii) Representative of PIU Secretary (iii) Assistant Director (Department of Fisheries)/Fisheries Inspector Member (iv) Grama Niladhari Member (v) Representative of Supervision Consultant Member (vi) Representative of Contractor Member (vii) Representative of Fishermen’s Cooperative Society Member (viii) Representative of Women’s Rural Development Society Member (ix) Representative of School Management Member (x) Representative from AP/Affected Entity Nonvoting Member

53. GRC meetings will be held at the DS office. The APs will be informed seven (7) days prior to the meeting. The Secretary of GRC is responsible for coordinating with all members and the AP. The Secretary will also keep all records and generate reports for the GRC. Decisions will be relayed by the Secretary to the AP. Where issues are not resolved, the AP will be informed, and the issue will be forwarded by the Secretary to the National-level GRC

within 7 days of the decision. The Secretary will coordinate with the National-level GRC to schedule a meeting and keep the AP informed.

3. Composition of the National-level Grievance Redress Committee

54. The GRC will be based at the Ministry Fisheries and Aquatic Resources and chaired by the Secretary/Additional Secretary of the Ministry or a designated. The serves as the apex body for the GRM. The Project Director will serve as the committee Secretary to the committee. The committee consists of:

(i) Secretary of the Ministry Chairperson (ii) Project Director Secretary (iii) Representative of Ministry of Resettlerment Member (iv) Representatives from National Fisheries Federation Member (v) Representative from AP/Affected Entity Nonvoting Member

B. GRM Operations

55. GRM awareness is critical in resolving grievances in a timely manner. Awareness should be raised for stakeholders including the public, concerned government officials, concerned local authorities, contractors, civil society organizations. Awareness raising shoud include:

(i) GRC levels, purposes of the different levels and how they can be accessed for: e.g., construction-related grievances, grievances related to physical and economic displacement, (ii) Types of grievances that cannot be resolved by the GRM, (iii) Eligibility to access the GRM, (iv) How complaints can be reported to the GRCs: to whom, e.g., phone, postal and email addresses, and websites of the GRCs as well as information that should be included in a complaint. (v) Procedures and time frames for initiating and concluding the grievance redress process; boundaries and limits of GRM in handling grievances; and roles of different agencies such as project implementer and funding agency. (vi) Any system to appeal against the decision of GRC.

56. Similarly an effective awareness program should be arranged to inform the APs on the following:

(i) Members of GRC and its location (ii) Method of complaining or reporting the grievance (iii) Taking part in the GRC meeting (if any companions of the complainant allowed) (iv) The steps of resolving process and timeline adopted in this mechanism (v) Needed documents and evidence to support of the complaint

57. A variety of methods can be adopted for communicating information to the relevant stakeholders. These methods could include display of posters in public places such as in government offices, project offices, community centers, hospitals and health clinics in the area.

58. Information should be presented in a simple brochure as a basic document on the GRM. A draft brochure is attached in Annex 6. A straight forward public leaflet giving exact information on GRM and GRCs with its scope and working arrangements—will help avoid misconceptions, over expectations and ambiguities on GRM and GRCs. However, public awareness requires continued information disclosure. 15

4. Grievance Redress Process

59. The project-specific GRM process for APs is shown in Figure 3:

Figure 3: Grievance Redress Process Affected Person

Project staff at site

Site Level Grievance Resolution

Grievance Addressed

GRC – Divisional Level

Grievance Addressed

GRC – National Level

Grievance Addressed Compensation Review Board

(for IR Concerns)

SARD SLRM

Grievance Addressed

ADB Accountability Mechanism

60. The GRM will not impede the APs decision to use the legal system at any time.

I. LEGAL FRAMEWORK

A. Legislative Framework

61. The Land Acquisition Act (LAA) of 1950 is the principal law which ‘Makes provisions for acquisition of the Lands and Servitudes for public purposes and provides for matters connected with or incidental to such provision’. It provides for the payment of compensation at market rates for lands, structures and crops. It has several amendments, the latest being the version of 1986. Regulations were also made in 2008 by Gazette Notification No. 1585/7 (20 January 2009). This regulation aimed to address assessment of properties at lower values compared to prevailing market values. This happened when acquired portions of land plots were taken as separate entities for assessment, they become less

economically valuable as very small land plots. For example , land acquired for roads are u s u a l l y small block separated from a large block of land. For the valuation of these plots, t h e market value of the parent plot from which a portion is acquired is taken into consideration, and due proportionate value is given to the acquired portion. The revision a l s o gives provisions to consider replacement cost of buildings and cover a variety of expenses in the process of changing his residence and businesses. If an owner of a house or of an investment property is displaced, an additional 10% payment based on market value is also paid under this regulation. This regulation is a progressive step towards the revision process of LAA and is consistent with NIRP. The operational procedures of the LAA (1950) are as follows:

( ) Preparation of acquisition proposal by the requesting agency and submission to the Ministry of Land and Land Development (MLD) through the Secretary of the Ministry under which the requesting agency is functioning. (i) Approval of the proposal by MLD, posting of notices by the relevant divisional secretary/secretaries (as designated Acquiring Officer/s) and preparation of advanced tracing by the Dept. of Survey on the requisitions issued by relevant divisional secretaries (ii) If immediate possession is not required on grounds of urgency (section 38(a) , divisional secretary to proceed with Section 4 of the LAA to call objections from the interested parties in the land. Even after inquiring of the objections called under section 4, if the relevant land is required to be acquired, the requirement will be conveyed by the line ministry to the Ministry of Land and Land Development. (iii) Minister of Land then issues an order under Section 5 confirming the acquisition of the relevant land which will be followed up through a gazette notification in all three languages. In the same order Ministry of Land and Land Development directs the divisional secretary to act to prepare the preliminary plans (PPs). (iv) Based on the Minister’s order under Section 5, Divisional Secretary issues a requisition to the Superintendent of Surveys of the district to prepare and submit the plan. (v) On receipt of primary plans (PP) from Dept. of Surveys, DS will publish in Government gazette notification in all three national languages (Sinhala, Tamil and English) that he/she intends to conduct inquiries under section 9 of LAA and request people to submit their claims for ownership of land before the date mentioned by him in the gazette notification. In addition to the gazette notification a paper notice will be published by the DS in all three languages for information of the stake holders. (vi) Then inquiries will be conducted to determine the ownership and DS will issue an order declaring ownership under Section 10 (i) of LAA. (vii) Acquiring officer either makes the decision on the claims or refers the claims to the district courts or primary courts if he is unable to determine the ownership. (viii) Acquiring officer (Divisional Secretary of the area) who holds an inquiry into the market value of the land, the claims for compensation and the legality of claimants (advised by valuation officers) makes an award of compensation under section 17 of LAA. (ix) Then the possession will be taken over. even though the LAA permits to take over possession before paying compensation under section 38 (a), on any land acquired by the state, at present, possession of land is taken over only by paying compensation in full. This is a very positive outcome of the NIRP and SPS, 2009 of ADB. After taking over the possession DS will act to vest the properties acquired under the name of relevant beneficiary/ies under section 44 (1) of LAA and register the title with the registrar of the land of relevant district. (x) (xi) In the event of disputes over the determination of compensation, it may be appealed (section 22) to either the Compensation Review Board or Court of appeal within 17

21 days (section 23) of the receipt of the notification of the award. If there are no appeals, the compensation will be paid.

1. Land acquisition review board 62. Under LAA (sections 22-23) any aggrieved party on the valuation determined by the Department of Valuation is expected to appeal to the Land Acquisition Review Board within 21 days of receipt of the Section 17 order from the Divisional Secretary. If party is dissatisfied with the decision (section 25) of the Review Board, the party can make a petition of appeal to the Supreme Court. No stamp duty is charged for this appeal.

2. Land Development Ordinance (1935) 63. By virtue of this ordinance and its subsequent amendments, households that are occupying crown land may request permission from the Divisional Secretary to be regularized on the Land.6 The Acquiring Officer (Divisional Secretary) makes an investigation and may recommend giving a one–year permit initially, if the land is not reserved land or not required for any other government purpose. Subsequently, the person may be given a long lease which constitutes a legal title without right to disposal. The term for such titles is known as ‘Swarna Boomi’ (golden land) or ‘Jaya Boomi’ (victorious land).

3. State Land Ordinance No 8 of 1947 64. The ordinance explains the land grants which can be made and the rents to be obtained for the grants. The period of the grant may be up to 50 years only and the prescribed form given in the ordinance be filled and signed by the officer authenticated to sign for the grant. A person seeking crown land must appeal to the Government Agent of the area. Such person must pay the rent decided by the Land Commissioner or the Government Agent of the area.

4. Prescriptive Ordinance No 22 (1871) 65. Under sections 3 and 13 of this ordinance, households who have encroached into private land and have been occupying the land for at least 10 years may apply through the courts for prescriptive rights to the land. 5. Other Acts and Laws related to Acquisition and Compensation 66. The following are the other subsequent statute laws, which enable the compulsory purchase of property for special purposes or have interfered with the compensation in the term of ‘market value’ and has imposed certain restrictions, conditions and circumstances in which value has to be determined, when properties are compulsorily acquired by the State or become vested in the State, by the force of legislations on payment of compensation.

• Urban Development Authority Law No.41 of 1978 • National Housing Development Authority Act No.17 of 1979

6 There are two categories of occupants in crown land. (1) middle income category, the households that have other agricultural land; and (2) lower income category, the landless households will be given special consideration for allocation of crown land that is not reserved for any purpose.

• Town and Country Planning Ordinance of 1946 • Land Reform Law No.1 of 1972 - Land Reform Commission Act. No.26 of 1972 • Rent Act No.7 of 1972 and amendments thereto, No.55 of 1980 and No.26 of 2002 • Co-operative Societies Law No.5 of 1972 • Ceiling on Housing Property Laws No1 of 1973 • Tourist Development Act No.14 of 1968 • Coast Conservation Act • Agrarian Services Act No.58 of 1979 • Roads and Thoroughfares Act No.45 of 1956 and Law No.37 of 1973 6. National Environmental Act No 47 of 1980 (NEA) 67. These are some provisions in the NEA Act No.47 of 1980, with the amended Act No 56 of 1988 which refers to involuntary resettlement. The Minister in charge of the subject of environment has prescribed projects and undertakings which approval shall be necessary under the provisions of the NEA.

68. The Minister by Gazette Notification No 858/14 of 23rd February 1995 has determined the types of projects and undertakings which need the approval under the terms of the NEA. The schedule includes item 12 which refers to “involuntary resettlement exceeding 100 HHs, other than resettlement resulting from emergency situations”.

B. Policy Framework

69. Land Acquisition Act provides compensation only for land, structures, and crops and provisions are not available to address key resettlement issues to mitigate or avoid impacts on people resulting from land acquisition. In addition, non-titled people and other dependents on land cannot be assisted under the LAA. To address the current gaps in the LAA in addressing the key resettlement issues such as exploring alternative project options that avoid or minimize impacts on people, the government of Sri Lanka (through the cabinet of Ministers) adopted the National Policy on Involuntary Resettlement (NIRP) on the 24th May 2001. The NIRP also highlights the need for consultation of APs and their participation in the resettlement process. The Central Environment Authority (CEA) was tasked to review and approve Resettlement Plans (RPs) prepared by project executing agencies. The plans also required to be publicly available.

1. National Involuntary Resettlement Policy (NIRP) 2001 70. NIRP was developed thorough a consensus building process with the participation of all concerned government agencies and authorities; NGOs and foreign development agencies and other stakeholders. The Steering Committee appointed by the government reviewed the existing laws and policies and approved the National Involuntary Resettlement Policy on 5 March 2001 and the Government of Sri Lanka adopted it (by Cabinet Approval) as a National Policy on 24 May 2001.The objectives of the NIRP are to:

• avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the re-establishment of Displaced Persons on a productive and self- sustaining basis; 19

• ensure that Displaced Persons are fully and promptly compensated and successfully resettled; • the livelihoods of any displaced persons should be re-established and their standard of living improved; • ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purposes by the State; • assist Displaced Persons in dealing with the psychological, cultural, social and other stresses caused by compulsory land acquisition; • make all Displaced Persons aware of processes available for the redress of grievances that are easily accessible and immediately responsive; and • have in place a consultative, transparent and accountable involuntary resettlement process, with a time frame agreed to by the project executing agency and Displaced Persons

71. NIRP applies “to all development induced land acquisition and a Resettlement Action Plan must be prepared where 20 or more HHs”. In case where less than 20 HHs are displaced, the NIRP still requires a RP with lesser level of detail. NIRP applies to all projects irrespective of source of funding.

2. ADB Safeguard Policy Statement, 2009 72. The ADB’s Safeguard Policy Statement, 2009 (SPS), recognizes and addresses the resettlement and rehabilitation impacts of all the Displaced persons, irrespective of their titles, and requires the preparation of RP in every instance where involuntary resettlement occurs.

73. There are three important elements of ADB’s Safeguard Policy Statement 2009: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons7 in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

74. SPS (2009) has the following principles:

i. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

7In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

ii. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. iii. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. iv. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. v. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. viii. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. ix. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other 21

stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. x. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. xi. 11. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. xii. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

3. Existing gaps in LAA and NIRP vis-à-vis SPS 75. There are differences between LAA and the NIRP, and SPS in relation to the approach to land acquisition and payment of compensation. Although the SPS and NIRP are close, there are differences when compared with the LAA and SPS. Even though the LAA is not subordinate to the NIRP, the payment of compensation the NIRP and SPS are being followed. The gaps in the LAA vis-à-vis the NIRP and the SPS are analyzed in 6.1.

Table 6.1. LAA, NIRP, and SPS, 2009

Aspect GOSL Laws /Policies ADB’s SPS Measures to Bridge the GAP

Avoid involuntary Although there are Involuntary resettlement Involuntary resettlement provisions in the LAA and the should be avoided as resettlement should wherever possible NEA that could have the much as possible by be avoided or effect of minimizing IR by reviewing alternatives to reduced as much as exploring project and design the project as well as possible by alternatives. Such alternatives within the reviewing minimization is not explicitly project. alternative to the cited as an objective of such project as well as provisions. Also, The Land alternatives within Acquisition Act of 1950 (LAA) the project. does not address mitigating the impacts of involuntary resettlement.

Requirement of The LAA as amended does RP is required for PMU follows the RP not require a resettlement category A and category NIRP which spell plan. The NIRP requires that B projects. out the type of RP to a comprehensive RP for be prepared and projects exceeding implemented displacement of more than 20 HHs and a RP of lesser detail if the number of HHs displaced is less than20. A project affecting 100 HHs

are considered as a prescribed project under the NEA; such project requires the approval of the CEA before implementation but does not address the resettlement issues.

Compensation Provided in the NIRP, Not in The borrower will Provision is For non-title the Act (LAA and its compensate them for available in the holders regulations) the loss of assets other entitlement package than land such as to make fair and just dwellings and also for treatment as per any other improvements 2008 regulations. to the land at the full replacement cost. The entitlements will be provided to those who have occupied the land or structures in the project area prior to the cut- off date for eligibility or resettlement assistance.

Consultation with The EIA process under the NEA Consultation is required PMU follows the stake holders and section 4 of the LAA with displaced persons NIRP and ADB-SPS provide for prior disclosure of (Same as NIRP) 2009 as indicated in the intention to acquire land for the RP. a public purpose and provide limited opportunities for affected people and others to comment on an EIA and submit objections and their concerns.

The NEA and the LAA do not require that consultation: ▪ continues on an ongoing basis throughout the project cycle; ▪ is carried out in an atmosphere free of intimidation or coercion; ▪ is gender-inclusive and tailored to the needs of vulnerable groups; and ▪ enables the incorporation of relevant views of affected people and other stakeholders into decision-making.

Under Section 4 of the LAA only ‘affected persons’, as defined under the Act, may make objections. The section does not provide for consultations with affected persons (other than owners and those with a legal right to possession), host 23

communities and concerned nongovernment organizations.

Under the proviso to Section 38 of the LAA, the Minister is empowered to take possession of any land on the grounds of urgency, without giving any person (including the owner) an opportunity to be heard.

Under the NEA, any member of the public may make comments on the IEE or EIA and thereafter may be heard in support of his comments. However, an IEE or an EIA must address issues connected to involuntary resettlement only when a project affects more than 100 families.

Under the UDPA, the President can, where a particular land is required for an urgent, urban development project, make a declaration to that effect, without giving any aggrieved person a right to be heard or to any relief in a court of law. The only redress for such person is compensation or damages.It is a requirement under NIRP

Public disclosure Provided in the NIRP, Public disclosure is RP will be disclosed required to the public and will Not required under the LAA be available in the as amended. If the project is website of ADB and subject to an IEE or EIA, the the Ministry. The report should be available for entitlement matrix the information of the public will be translated or public comments into local language respectively. and circulated to DPs.

Income LAA does not have Income should be PMU follows the Restoration provisions. But NIRP restored NIRP and ADB-SPS stipulates the necessity of 2009 as indicated in the RP. income restoration and improving the standard of living.

Taking over Act provide, NIRP does not Does not allow PMU follows the possession before allow NIRP and ADB-SPS Payment of 2009 as indicated in compensation the RP.

Grievance The Land Acquisition Act of Requirement under the Provided in the RP Redress 1950 provides a multi-tiered SPS,2009 Mechanism grievance redress mechanism for claims to compensation and compensation awards, which can be taken up to the courts of law. But there is no grievance redress mechanism for grievances other than those concerning compensation.. it’s a requirement under the NIRP

Acquisition within The LAA provides a regular The borrower /client will Legal framework 48 hrs. on an procedure for acquisition ensure that no physical should require that urgency basis; and an expedited procedure or economic all compensation Payment of to be utilized in the event of displacement will occur and other compensation and urgency. Under 38(a) until i) compensation at resettlement other entitlements Proviso of LAA, immediate full replacement cost entitlements be paid before physical or possession of land can be has been paid to each prior to physical or economic taken over by the displaced person, ii) economic displacement i.e. government. But according other entitlements listed displacement, compensation by to NIRP land can not be in the RP have been including under any instalments acquired without paying provided to the APs, expedited replacement cost and and iii) a comprehensive procedure for land reasonable notice. However, income and livelihood acquisition. PMU NIRP does not supersede rehabilitation program follows the NIRP the LAA since it is a statutory supported by adequate and ADB-SPS 2009 act. But in order to provide budget is in place for the as indicated in the relief to the displaced APs RP. people, NIRP is being implemented on a directive by the Cabinet of Ministers of the GOSL; LAA provides statutory compensation to be paid in installments, but NIRP does not agree.

Replacement The LAA enables land-based At full Replacement PMU follows the Cost resettlement or cash Cost NIRP and Cabinet compensation. Affected approved persons decide whether they entitlement matrix. prefer compensation in land or in cash. Under Section 36(1) of the LAA, any person having an interest in the land to be acquired may enter into an agreement to accept ‘any other land’ in lieu of compensation.

Under the Act, there is no correlation between loss of land and loss of livelihood and as such the grant of land in lieu of compensation under Section 36(1) is not geared towards the restoration of livelihood. Under the LAA, monetary compensation at market value is granted irrespective of whether the acquisition undermines livelihood. 25

The 2008 Regulations provide for assessing market value for cash compensation, but not replacement value. NIRP, replacement cost according to regulation gazette on 20, January2009.

Assistance for LAA and its regulations are SPS 2009 requires a Provision is vulnerable people silent on this Aspect. NIRP special assistance for Available in the RP requires special treatment the vulnerable people. for the vulnerable groups. GOSL = Government of Sri Lanka Source: NIRP, Safeguard Policy Statement 2009 and LAA.

II. ENTITLEMENTS, ASSISTANCE AND BENEFITS

76. The Entitlement Matrix based on the above policies provides a detailed description of specific compensation measures and assistance applicable to each category of AP. Unforeseen impacts will also be compensated in accordance with the principles of the RP. A detailed description of compensation measures and assistance is provided in the Entitlement Matrix (Table 19). APs who settle in the affected areas after the cut-off date will not be eligible for compensation. However, they will be given sufficient advance notice prior to project construction.

A. Valuation of Lost and Affected Assets

77. Land acquisition and resettlement impacts will be compensated in accordance with the Entitlement Matrix. As per the policy adopted for this project, all compensation for loss of land, structures, and other assets will be based on full replacement cost.

78. LAR 2008, issued under Section 63 (2) (f) of LAA 1950 came into effect on 17 March 2009 provides for statutory payments of compensation. It provides compensation beyond ‘market value’ by incorporating compensation for injurious affection and severance (equivalent to the full cost of damage based on the market value of land acquired), and disturbances (in terms of Section 3.11, principle based on the ‘value to owner’ of the property affected as per the written claims submitted by the AP) (Gazette notification No.1596/12 of 7.4.2009), and permitting for reconstruction cost calculation without depreciation and valuation for the whole plot of land for determining proportional unit cost for the affected land parcel, business losses, relocation assistance etc. It also provides for the APs to be entitled for a hearing before land being acquired. However, the compensation due to affected parties will be determined by the valuation department. The Regulations stipulates minimum time periods for specific tasks, elements and the procedures for land acquisition.

79. Replacement cost for land or affected structures or income losses will be determined by the Department of Valuation.

80. Replacement cost of acquired or damaged structures and other immovable properties/assets will be determined on the basis on market cost of materials to build a replacement structure with an area or quality similar or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building

materials to the construction site plus any labor and contractor’s fee. All costs will be current for the period of actual replacement. Depreciation of assets should not be taken into account consistent with ADB‘s Safeguards Policy Statement, 2009 as well as the National Involuntary Resettlement Policy.

81. Compensation for trees will also be based on the current market value of timber for timber trees, the annual net product market value multiplied by remaining productive years for perennial and fruit trees as finalized by the Department of Valuation in consultation with relevant horticultural authorities.

82. All compensation and assistance will be paid to APs prior to displacement or commencement of construction activities in sections ready for construction. In cases where claims have not been decided at the time of scheduled construction, all compensation and assistance will be escrowed with the District Court. However, regardless of the claims procedures—compensation for development cost of structures will be paid prior to construction. The executing agency will provide satisfactory evidence to ADB of payment of compensation and assistance (or escrow as applicable) prior to commencement of civil works in the respective sections of a project.

Table 19: Detailed Entitlement Matrix Entitled Responsibility Type of Loss Entitlements Justification for Payment Persons A. Land A1 Partial Owner with title All payments for land and structure Payment for lost assets, MFARDREA, /complete deed or in cash at full replacement cost assistance to reorganize on CV, DS loss of land registration (provisions under LAA and existing land. certificate Regulations 2009. Assist all APs who appear for Additional allowances section 9 inquiry to offset the expenses they have to bear in A self-relocation allowance of obtaining claim/ valuation SLR500,000 for acquisition of total reports, title reports and land or a proportion of 500,000 for traveling expenses etc. partial acquisition. Plus the cost of re-establishing water and electricity connections (if existing in land acquired).

An allowance not exceeding SLR 10,000 would be paid to each AP who appears for section 9 inquiry. B. Structures (Residential and Secondary Structures) B1 Partial or Owners of Cash payment for affected structure Payment for loss and relocation MFARDREA, complete loss structures at replacement cost as if required. CV, DS structures or (regardless of recommended by CV secondary the ownership structure of land) (vadis, toilet, well, fence) C. Loss of Livelihood C1 Loss of beach Fisher folk and Develop Kottady with dredging for Proposed alternative access MFARDREA, DS access vessel owners proper navigation. sites or the allowance will help Upgrade Munai prior to Point Pedro to support the livelihood of the harbor construction to cater the fishing families. fishers who lose beach access. An allowance of Rs. 15,000 per month in case of any delays for

Entitled Responsibility Type of Loss Entitlements Justification for Payment Persons alternative access to continue fishing. C2 Loss of Vadi Person who An allowance of Rs. 15,000 for 1 Proposed allowance will help to MFARDREA, DS owns a Vadi month of lost income during the re- support the livelihood of the (regardless of establishment of the Vadi. affected household. the ownership of land) D. Trees D1 Loss of Person who Payment at replacement cost Payment for trees calculated on MFARDREA, coconut trees owns coconut determined by the CV in market value on the basis of CV, DS, GN trees consultation with the Coconut land productivity, type, age, and (regardless of Development Board. productive value of affected the ownership trees. of land) An advance notice to harvest shall be displayed at GN office and informed to AP by GN in advance.

E. Additional Assistance to Vulnerable APs E1 Impacts on (i) female- A special grant of SLR15,000 per Assistance, over and above MFARDREA, vulnerable headed household to improve living payment for lost assets, to DS. DPs/APs households standards of vulnerable DPs and reduce impacts of resettlement with no regular households. which can disproportionately income source Coconut planting materials for affect the already vulnerable (including vulnerable APs losing coconut trees. and to ensure that the project widows and does not simply re-establish divorcees), (ii) levels of vulnerability or households marginalization. headed by the elderly (above 60) with no regular income sources, (iii) disabled heads of households who have no regular income source, (iv) 29

Entitled Responsibility Type of Loss Entitlements Justification for Payment Persons indigenous persons, (v) persons living below the poverty line, and (vi) landless persons. F. Unanticipated Adverse Impacts F1 Any Any unanticipated consequence of the project will be documented and mitigated based on the spirit of the unanticipated principles agreed upon in this policy framework. adverse impact due to project intervention

B. Damages Caused During Construction

83. Contractors are expected to be vigilant to avoid damages to public and private property during construction work. If any damage does occur to public and private property as a result of construction work, the Contractor will immediately restore damaged land and structures including any common property resources affected. If restoration is not initiated within a week of damage, and at a committed timeline agreed by those affected, the Contractor will pay replacement cost. Anticipated temporary impacts on land and structures will be compensated through rental rates agreed prior to construction and all land and structures will be restored to pre-project level.

C. Mitigation for Temporary Livelihood Disturbance

84. The project component may cause temporary livelihood disturbance during the relocation of berthing sites. The project will develop the adjacent berthing site and upgrade an adjacent landing site as alternative access. In the event that the development of alternative sites are delayed, AHs will be compensated with an allowance of Rs. 15,000 per month.

85. For those losing Vadi’s, in addition to the replacement cost, a one month allowance will be provided for lost income during re-establishing the Vadi.

86. For those affected by land acquisition, the only potential distruption to livelihood is because of lost coconut trees. Vulnerable households losing coconuts will also be provided coconut planting in addition to the replacement cost of trees.

D. Cut-off date

87. Eligibility for entitlement is the date of publication of the Section 2 notice under LAA for titleholders. This cut-off date is normally the date of serving section 2 of the Land Acquisition Act (LAA). It is a public statutory announcement informing the claimants and public about the acquisition going to be affected.

88. The particular section [48, sub section (f)] of LAA reads as “any outlay or improvement made or commenced on the land after the notice under section 4 in respect of the land was given or exhibited unless such outlay or improvement was reasonably for the purpose of maintaining or preserving the land or plantation, building fixture, or machinery thereon;”.

89. As such APs can attend to needy improvements until properties are valued for compensation under above reasonable grounds. The relevant Local Authorities will be requested, through the concerned Divisional Secretaries to refrain from granting approvals for new constructions within the project area after the Cut-Off-Date. The particular section {48, sub section (f)} of LAA reads as “any outlay or improvement made or commenced on the land after the notice under section 4 in respect of the land was given or exhibited unless such outlay or improvement was reasonably for the purpose of maintaining or preserving the land or plantation, building fixture, or machinery thereon;”

90. As such APs can attend to needy improvements until properties are valued for compensation under above reasonable grounds. The relevant Local Authorities will be requested, through the concerned Divisional Secretaries to refrain from granting approvals for new constructions within the project area after the Cut-Off-Date.

III. INCOME RESTORATION AND REHABILITATION

91. The potential impacts on income are temporary and measures to mitigate these limited impacts are explained in paras 84, 85, and 86.

92. There is potential for local employment during construction particularly in the following:

(i) Light vehicle drivers (ii) Bar benders (iii) Computer operators (iv) Clerks (v) Office Aides (vi) Laborers

93. The PIU will assist vulnerable household members access construction employment.

IV. RESETTLEMENT BUDGET AND FINANCING PLAN

94. The land acquisition and resettlement cost is indicative and subject to change which shall be updated based on the detailed and final design and based on actual quantity followed by valuation by Department of Valuation. Cost estimates for lands, structures and trees acquired or affected were prepared based on the prevailing rates in the project area. This information and data were gathered from the Divisional Secretary, GN officers and from APs in the area. The costs of land acquired, structures, crops and trees will be determined by the Valuation Department at the time of receiving 10.1.A Notice from the Acquiring Officer. Therefore, costs could be increased at that stage due to increase of land and building prices. In order to meet this risk, 20 percent contingency costs are added to cost estimates. Transport cost and other cost under LA 2009 Regulation can be met under the contingency estimate. The resettlement cost estimate for the subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. These are part of the overall project cost.

95. The full budget will be provided by the government through the MFARDREA. The cost estimates are given in the RP covers the special assistance schemes limited to the project. Statutory compensation based on LAA will also be paid to APs. The estimates will become available only after the Survey Department and Chief Value determine the value of land, houses, crops and trees affected.

96. This has been calculated on a lump sum basis which includes cost for updating the draft RP, cost for monitoring and administrative cost (staffing requirement, vehicle hire, grievance redress, carrying out consultation) which is combining together to be LKR 250,000 as lump sum.

97. The disbursement of cash compensation to Project APs for land and other property losses and damages will be done by the Division Secretariats in the project areas. The approved amount will be deposited by the MMDE in the Divisional Secretariat accounts and the disbursement will be done by the divisional administration. The MFARDREA will bear the total cost of land compensation, housing, relocation, and income restoration and improvement programs. The payments will be made in cheques which will be deposited in APs accounts by the Divisional Secretariat.

98. Full cost of resettlement budget (indicative) is estimated to be LKR 13,128,475 and given in the Table 20 below. This is not the final cost as the calculation is made based on assumptions and

32 the final cost will be calculated upon final design and estimation by the contractor and upon final valuation. Costing for relocation site will be included in the budget once the site is finalized.

Table 20: Indicative Resettlement Budget Total Item No Item No Unit SLR/unit SLR Compensation for land Private land 0.05 Ha 98,800,000 4,940,000

Subtotal 4,940,000 Compensation for Livelihoos loss Boat Owners 30 3 Months 1,350,000 15,000

Vadi Owners 2 2 Months 60,000 15,000 Subtotal 60,000 Compensation for structures Vadi 2 20,000 40,000 Wells 2 80,000 160,000 Toilet 3 25,000 75,000 Subtotal 275,000 Loss of trees Coconut 15 unit 12,000 180,000 Subtotal 180,000 Allowances Appear for section 9 Travelling support 13 Person 10,000 130,000 inquiry Mitigating support to overcome Vulnerable allowance 7 Person 15,000 105,000 hardship caused by acquisition Coconut plants to Mitigation measure to income 7 10 Unit 100 7,000 Vulnerable HH loss for vulnerable HH Self-Relocation Relocat and establish 14 Person 500,000 7,000,000 allowance facilities

Subtotal 7,242,000

Support and Implementation Cost Support GRC Assist individuals who wish 50 Unit 10,000 500,000 mechanism to seek GRC assistance Updating of Draft RP 1 Lump sum 250,000 250,000 Monitoring and Reporting 20 Quarterly 50,000 1,000,000 Documentation 1 Lump sum 500,000 100,000 Sub total 750,000 Total 13,447,000 Administrative cost 0.5% 67,235 Contingency 20% 2,689,400 Grand Total Total 16,203,635

V. INSTITUTIONAL ARRANGEMENTS

99. The Ministry of Fisheries and Aquatic Resources Development and Rural Economic Affairs (MFARDREA) is the Executing Agency for NPSFDP. The project implementing agency for output 1 and 2, will be MFARDREA and the implementing agency for output 3 is the Ministry of Resettlement, Rehabilitation, Northern Development and Hindu Religious Affairs (MRRNDHRA). The Project Management Unit (PMU) is located in the MFARDREA. The PMU will be supported by two project implementation unites (PIUs) established in Northern Province. PIU1 under MFARDREA is for implementation of outputs 1 and 2 activities, and PIU2 is for implementation of output 3 activities which will be under the MRRNDHRA. The PMU together with PIUs will prepare a time-bound program through a planned set of interventions agreed upon by concerned authorities. The PMU is the focal institution responsible for RP implementation at the operational level. PMU and PIUs should be strengthened a provided a certain degree of financial autonomy and administrative flexibility subject to the guidance and supervision of the MFARDREA/MRRNDHRA and directives of the General Treasury. For safeguards implementation, a Safeguards Consultant will be engaged at the PMU level whose tasks include building PMU and PIU capacitites in implementing resettlement. The PMU Safeguards Manager has already been engaged and has worked with project preparation consultants and ADB staff on resettlement for the project. Once engaged, the PMU Safeguards Consultant will conduct a trainor’s course on resettlement implementation for the PMU Safeguards Manager and PMU Social Development/Resettlement Specialists so that these PMU staff can conduct required training for other stakeholders.

Figure 4: Project Organization Structure Northern Province Sustainable Fisheries Development Project: Project Management Structure

Northern Provincial MFARD MPRRRHA Council Chief Secretary Secretary Secretary

National Project

Steering Committee Provincial Project Project District Secretaries

Steering Committee Coordinator REPPIA Officials (part-time) DFAR Officials ( PS 2) NAQDA DOs PMU PMU Sub-Office NP NAQDA Project Director Deputy Project CFHC (PS 1) Director (PS 2) CC&CRMD DFAR PIU Manager (PS 3)

• Gender Specialist Accountant (part-time) (PS 4)

• Training Specialist

• Engineer

• Procurement Officer

• M&E Officer

(PS 4)

Officer

(PS 3) (PS 3) (PS

(PS 3) (PS

Manager

Safeguards S 3) S

3) S Divisional Project

(PS 3) (PS 3) (PS (P (P

Manager Aquaculture Aquaculture Manager • Technical Officer, 4 Manager Infrastructure Infrastructure Manager Specialist Coordination

Procurement Procurement nos Committee M&E Specialist Specialist M&E

Manager Finance Manager • Procurement

Administrative Assistant (PS 5)

Project • Engineer, 4 nos • Environmental Officer, 3 nos • Gender Program

Secretary • Quantity Surveyor • Communications Officer Officer, 4 nos (PS 6) • Technical Officer • Community

nos • Social Development/

2 Development (PS (PS 4)

(PS (PS 4) (PS 4)

Resettlement Specialist Assistant Officer, 15 nos

Accountant, (PS 4) Procurement (PS 5)

100. Table 21 below summarizes the roles and responsibilities of project stakeholders on preparation and implementation of the resettlement plan.

Table 21: Roles and Responsibilities for RP Implementation Activity Responsibility Approval Establishment of PMU and PIUs MFARDREA Cabinet of Ministers; Secretary, MFARDREA: MSD Engage Project Management Safeguard Consultant to PMU PMU-PD PMU/Secretary, MFARDREA: MSD I. Finalization of sites for sub-projects. PMU Safeguards Unit NSC in II. Disclosure of proposed land acquisition and sub- and Consultant consultation with project details by issuing public notice. ADB III. Coordination with other relevant agencies. IV. Preparation of land acquisition proposals. V. Conducting consultations. VI. Establish GRC and conducting regular meetings. Submit proposals to MOLLD, arrange for funds including PD/PMU, PMU Secretary, reimbursement responsibility Safeguards Unit and MFARDREA Consultant 35

I. Conduct census and social surveys PMU Safeguards Unit PD/PMU in II. Prepare and update RP based on detail design with PMU Consultants consultation with III. Assist conducting consultations and GRC sittings and Detailed Design ADB Team Review, approve and disclose Updated RP ADB/PMU ADB/PD Prepare an implementation action plan agree with ADB PMU Safeguards Unit ADB/PD and Consultant Preparation of the publications of relevant orders under LAA. DS/GN, PD/PMU, and Secretary, Consultant MOLLD Delivery of notices under LAA to the APs, consultation. PMU Safeguards Unit MOLLD, DS, with the support of PMU DS/GNs Preparation of required survey maps on the request of Dept. of Survey, DS, DS, Dept. of Divisional Secretary and PMU Survey Preparation of condition reports of the properties to be Valuation Valuation acquired, preparation of valuation reports. Department, DS, and Department, DS PMU Acquisition of land, payment of statutory compensation, Valuation Dept, DS, Divisional payment of interest etc. and PMU Secretary Consultation, information dissemination, GRC, and vesting of PD/PMU, DS, and DS/PD/PMU acquired land with the MFARDREA. Consultant Publication of gazette notifications relevant to land acquisition Government Printer, Government and PMU Printer, MOLLD ,PD Public disclosure of social safeguard documents (translated PMU Safeguards Unit PD/PMU RP, and action plan) Conduct awareness campaigns in local communities PMU Safeguards Unit PD/PMU and Consultant Awareness of contractors on resettlement issues of sub PMU Safeguards Unit PD/PMU projects and Consultant Monitoring of the implementation of community consultation PMU Safeguards Unit PD/PMU and participation action plan, community outreach under and Consultant GRM Preparation of QPR, SMRs PMU Safeguards Unit PD/PMU and Consultant Complaints and grievances handling PMU Safeguards Unit PD/PMU and Consultant, GRM

VI. IMPLEMENTATION SCHEDULE

101. The Program will be implemented for a 5 year period from 2018 to 2021. The RP implementation schedule will vary from subproject to subproject. In general, the project implementation will consist of the three major phases, namely project preparation, land acquisition and rehabilitation of APs. In line with the principles laid down in this resettlement plan, the EA and implementing agency will ensure that project activities are synchronized between the RP implementation activities as well as the subproject implementation. The EAs and IAs will ensure that no physical or economic displacement of displaced households will occur until: (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; and (ii) other entitlements listed in the RP are provided to the displaced persons; Furthermore, all RPs will be revised during detailed design, and the updated RPs will be approved by government and ADB and disclosed prior to implementation. An indicative implementation schedule with key tasks is provided in Table 22.

Table 22: Implementation Schedule Month Activity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Update Resettlement   Plan (RP) Public consultation                         Disclosure of RP  Co-ordination with district administration         for LA Obtaining approval of  RP from ADB Submission of LA  proposals to DC Payment of   compensation Taking possession of   acquired land Notice to Displaced Persons/ Non-   titleholders Development of alternative landing    site Shifting the boats to  the new site Notify the date of start of construction  to APs Permission to contractor to begin works through written confirmation to ADB from MFARDREA  upon complete payment of compensation /assistance to APs Handing over the  acquired land to 37

contractor to start civil work Internal monitoring of   overall RP                   Implementation Grievance redress                        

102. The implementation of operational procedures of the LAA (1950) are as follows:

(i) Preparation of acquisition proposal by the requesting agency and submission to the Ministry of Land and Land Development (MLD) through the Secretary of the Ministry under which the requesting agency is functioning. (ii) Approval of the proposal by MLD, posting of notices by the relevant divisional secretary/secretaries (as designated Acquiring Officer/s) and preparation of advanced tracing by the Department of Survey on the requisitions issued by relevant divisional secretaries (Section 2 of LAA). (iii) If section 38(a) is not invoked, Divisional Secretary to proceed with Section4 of the LAA to call objections from the interested parties in the land. Even after inquiring into the objections called under section 4, if the relevant land is required to be acquired, the requirement will be conveyed by the line ministry (MFARDREA) to the Ministry of Land and Land Development. (iv) Minister of Land then issues and order under Section 5 confirming the acquisition of the relevant land which will be followed up through a gazette notification in all three languages. In the same order Ministry of Land and Land Development directs the divisional secretary to take action to prepare the primary plans (PPs). (v) Based on the Minister’s order under Section 5, DS issue a requisition to the Superintendent of Surveys of the district to prepare and submit the plan. (vi) On receipt of primary plans the Divisional Secretary will publish in Government gazette notification in all three national languages (Sinhala, Tamil and English) that he/she intends to conduct inquiries under section 9 of LAA and request people to submit their claims for ownership of land before the date mentioned by him in the gazette notification. In addition to the gazette notification a paper notice will be published by the Divisional Secretary in all three languages for information of the stakeholders. (vii) Then inquiries will be conducted to determine the ownership and Divisional Secretary will issue an order declaring ownership under Section 10(i) of LAA. (viii) Acquiring officer either makes the decision on the claims or refers the claims to the district courts or primary courts if he is unable to determine the ownership. (ix) Then the possession will be taken over under Section 38 or in an urgent situation in made section 38(a) even though the LAA and its regulations permits to take over possession before paying compensation any land acquired by the state. At present possession of land is taken over ONLY by paying compensation in full. This is a very positive outcome of the NIRP and SPS, 2009 of ADB. After taking over the possession Divisional Secretary will take action to vest the properties acquired under the name of relevant beneficiary/ies under section 44 (i) of LAA and register the title with the registrar of the land of relevant district. (x) Following the decision (either by the acquiring officer or the courts) the acquiring officer makes an award after determining the persons who are entitled to compensation, the total amount of compensation deemed to be allowed for the

acquisition and the apportionment of the compensation among the persons with interest and; (xi) In the event of disputes over the determination of compensation, it may be appealed to either the compensation review Board or Court of appeal within 21 days of the receipt of the notification of the award. If there are no appeals, the compensation will be paid.

VII. MONITORING AND REPORTING

103. RP monitoring will be the responsibility of the executing agency/implementing agency. The PMU Safeguards Unit and a safeguards consultant will provide necessary technical assistance, monitor RP implementation and report on a quarterly/monthly basis to PMU on the progress of resettlement activities.

104. The PMU will be responsible for managing and maintaining Affected Persons databases, documenting results of Affected Persons census and verifying asset and socioeconomic survey data, which will be used as the baseline for assessing RP implementation impacts. Resettlement monitoring will involve ensuring that implementation is on schedule and problems are dealt with on a timely basis. Socioeconomic monitoring including income restoration and improvement during and after any resettlement impacts, utilizing baseline information established during socioeconomic surveys. Overall monitoring is to assess the socio-economic status of APs. If any deviations from resettlement loan covenants or safeguard principles are reported in monitoring reports. The PMU will submit reports on resettlement progress to ADB for review.

105. The report will also document consultations conducted with APs and summaries of issues identified and actions taken to resolve them. It will also provide a summary of grievances or complaints lodged by APs and actions taken to redress them and the specific activities conducted to restore and improve income sources and livelihoods of APs.

106. Table 23 provides details on monitoring. Indicators are established to ensure attainment of the RP’s objectives. The various indicators and benchmarks will be monitored by internal monitoring mechanisms:

Table 23: Monitoring and Evaluation Indicators Monitoring Aspects Potential Indicators Entitlements disbursed, compared with number and category of Delivery of losses set out in the EM. Entitlements Disbursements against timelines. Providing alternative landing site for the loss of beach access Consultations organized as scheduled including meetings, groups, and community activities. Knowledge of entitlements by the APs. Consultation and Use of the grievance redress mechanism by the APs. GRM Information on the resolution of the grievances. Number of consultation meetings (for both men and women). Percentage of women out of total participants. 39

Number of meetings exclusively with women. Number of meetings exclusively with vulnerable groups. Level of participation in meetings (of women, men, and vulnerable Communications groups). and Participation Level of information communicated—adequate or inadequate. Information disclosure. Translation of information disclosure in local language. Land acquisition and resettlement staff appointed and mobilized on schedule for the field and office work. Achieving resettlement implementation activities against Budget and Time the agreed implementation plan. Frame Fund allocation for resettlement to agencies on time. Receipt of scheduled funds. Funds disbursement according to the resettlement plan.

107. The project will provide training to selected staff in resettlement issues, social survey methods and data analysis and recording. The consultant in performing this role will support them.

108. Indicators, shown in Table 23 above, will be monitored internally by PMU. This information will be collected from the project site and documented, in the form of a monthly progress report, to assess whether resettlement is effective. Recommendations for changes will be made, where necessary and reported to the PMU.

109. Monthly progress reports will be prepared by the PMU, reporting actual achievements against targets and reasons for shortfalls, if any. The PMU will be responsible for managing and maintaining DPs databases, documenting results of DPs census and verifying asset and socioeconomic survey data. This be used as the baseline for assessing RP implementation impacts. The PMU will submit semi-annual monitoring reports on resettlement progress to ADB for review.

Annex 1: Letter from the Government Agent of Jaffna Confirming that there are No Indigenous Community Living in the Coastal Area of Jaffna District

Annex 2: Minutes of the Consultation and Attendance with Fishermen in Point Pedro on November 29, 2016

Project Title: Northern Province Sustainable Fisheries Development Project Project Preparatory Technical Assistance Client: Ministry of Fisheries Funding Agency : Asian Development Bank (ADB) Purpose of Meeting: Meaningful Consultation with fishermen Point Pedro Contract Number: TA 9049 Date: 29. 11. 2016 Venue: Supparmadam Community Hall Participants: (List of Participant is attached)

A. Description of the meeting

1. The Divisional Secretary of Point Pedro welcome the gathering and briefed the purpose of the meeting. He requested the PPTA team to briefly explain the proposed harbour project to the participants.

2. The Resettlement Specialist and the Environmental Specialist of the PPTA team explained about the proposed fishery harbour project in Point Pedro. The team initially explained the technical features of the proposed intervention and distributed the leaflet for further understanding.

3. The Resettlement Specialist explained about the ADB Social Safeguard Policy to protect the people from negative impacts due to the implementation of the proposed interventions. At the same time the Environmental Specialist described the environmental safeguard measures during the construction and post construction stages.

4. The following social and economic benefits of the proposed intervention also highlighted to the participants.

(i) Expansion of deep sea fishing (ii) Modern fishing technologies (iii) Protection for fishing vessels (iv) Availability and expansion of available services (v) Income growth (vi) Livelihood development (vii) Land value (viii) Area development (ix) Easy access to market the harvest (x) Direct and indirect employment opportunities

5. The Resettlement Specialist pointed out that the intervention of the development needs land and the design included many offshore facilities to minimize land requirement. However all the facilities cannot be located on offshore such as fuel, ice plant storage, auction hall etc. Under this circumstance approximately 4.5 hectare of onshore land is required. As per the design, state and few private land have been identified for location these facilities. The Resettlement Specialist assured that the private land acquired for this project will be compensated as per ADB Safeguard Policy and Government regulations.

6. The Divisional Secretary suggested for site visit after the meeting and agreed to provide the list of affected people due to land acquisition. The Divisional Secretary asked the fishermen to express their views about the proposed fishery harbour in Point Pedro.

7. The participants of the meeting appreciated the initiative of ADB. The chairman of the fishermen society raised concerns over the usage and sharing the harbour with other fishermen from other parts of the island and thus will lead conflicts with local people. He pointed out that a regulatory body should be in place to control the activities of the fishermen to avoid conflicts. In response to this issue, the Deputy General Manager of the Ceylon Fishery Harbour Corporation (CFHC) explained that the CFHC will be a regulatory body of the fishing harbours operating all over the island. The Harbour Development Committee of the harbour includes all the stakeholders of the harbours to resolve any issues regarding the operation of the harbour.

8. The Deputy General Manager of CFHC pointed out that the fuel facilities will be provided by the CFHC and other facilities should be taken care of the fishermen society. They can use the allocated space for providing services at nominal government rent. Harbour berthing charges will collect by CFHC. Vessel licencing is the responsibility of the Department of Fisheries. Harbour accommodates only registered vessels with the Department of Fisheries. He further added that at the moment there is no any such regulating body available in Point Pedro harbour to resolve issues among fishermen. Harbour development committee is to help Harbour management to resolve the problems & issues and play the role of mediator between management & the stakeholders.

9. The Resettlement Specialist said that the Fisheries Harbours are the national assets and the license holder has have rights to get the services of any fisheries harbours in the Island.

10. The participants expressed their views over soil erosion and siltation due to the proposed offshore structure. They pointed out the adjoining places to the harbours are vulnerable to erosion. The participants of Supparmadam area expressed their concern that they have been living next to the proposed harbour site. According to the direction of the water current Supparmadam is more vulnerable for erosion because the costal line does not have any reef for wave protection. The Resettlement Specialist said that the proposed design considered all the aspects and further care shall be taken during the detailed design to manage the situation. The concerns raised by the communities will be addressed during the detailed design in an appropriate manner. The Environmental Specialist explained that the geographical location is more conducive for the establishment of fishery harbour and adequate measures will be taken during the post construction stage of the harbour to safeguard the surrounding environment. The representative of the Department of Costal Conversation also confirmed that adequate measures will be proposed to prevent erosion when the project comes to approval stage. The Deputy General Manager of CFHC said periodical dredging is in practice to remove the silt for easy vessel movement.

11. The participants requested to arrange an exposure visit to other modern fishery harbours in the Island to study the situation. The Deputy General Manager of CFHC suggested that Beruwella and Dickowitha are the best example to see the function. The Resettlement Specialist said the exposure visit could be arranged during the detailed design phase.

12. The Resettlement Specialist explained that the project will look into the livelihood aspect of the vulnerable families in the prioritized GNDs. Special attention will be given to women headed families to strengthen their income earning capacity. The fishermen participated in the meeting appreciated the livelihood development proposals and the fishermen also requested for loan facilities to purchase multiday boats. 43

13. The fishermen engage fishing with small boats informed they may not able to anchor the small scale boats in the proposed harbour. As a result they have a fear of livelihood loss. The Resettlement Specialist informed this project also identified anchorages and landing sites to develop to cater the requirement of small boat owners to continue fishing without any disturbances. The participants said if the anchorages or landing sites are far from their houses they encounter security issues for their fishing properties without proper storage facilities.

14. Finally, the DS thanked all the participants, with this the meeting adjourned.

B. Attendance:

Annex 3: Minutes of the Consultation and Attendance with Squatters Occupy State Land in Point Pedro on December 28, 2016

Project Title: Northern Province Sustainable Fisheries Development Project Project Preparatory Technical Assistance Client: Ministry of Fisheries Funding Agency : Asian Development Bank (ADB) Purpose of Meeting: Consultation with squatters of Kottady Contract Number: TA 9049 Date: 28. 12. 2016 Venue: Kottady Beach Participants: (List of Participant is attached)

A. Description of the meeting

1. The President of the Kottady Fishermen Society welcome the gathering and explained that the representatives of the Society were unable to attend the meeting scheduled last month in Supparmadam. The participant of the meeting expressed that the meeting message was not properly conveyed.

2. The Resettlement Specialist informed that considering the fact this meeting is scheduled to express the views of the Kottady fishermen. The Resettlement Specialist explained the benefits of the project and allowed the fishermen to express their views. The fishermen participated in the meeting highlighted the following issues:

(i) They feel that fishing with one day boat will be affected due to the increase of multi day boats. (ii) Women who engage in fishing related labour activities will be affected (iii) This location is more suitable for small scale fishing (iv) Fishermen in the area have not given an opportunity to learn deep sea fishing. (v) The fishermen in Kottady are comparatively poor. (vi) The project should provide benefits to the local community and also prioritize the needs of the local community. (vii) Increasing arrival of Southern Fishermen and fishing vessels will be a risk for local fishermen due to the harbour. (viii) The proposed harbour will erase the name of Kottady village in the map.

3. The Resettlement Specialist explained about the ADB Social Safeguard Policy to protect the people from negative impacts due to the implementation of the proposed interventions.

4. The Resettlement Specialist also highlighted that the proposed harbour will have the facilities to cater the requirement of one day boats in addition to multiday boats. The security of the vessels also ensured in the harbour. The function of the harbour provides all the facilities under one roof. The Resettlement Specialist informed that the Fishing Harbour accommodates only registered vessels with the Department of Fisheries. He further added that at the moment there is no any such regulating body available in Point Pedro harbour to resolve issues among fishermen. Harbour development committee is to help Harbour management to resolve the problems & issues and play the role of mediator between management & the stakeholders. The

Harbour development committee includes the representatives of local fishermen to take care of the interest of the local fishermen.

5. The Resettlement Specialist also pointed out that the intervention of the development needs land and the design included many offshore facilities to minimize land requirement. However all the facilities cannot be located on offshore such as fuel, ice plant storage, auction hall etc. Under this circumstance approximately 4.5 hectare of onshore land is required. As per the design, state and few private land have been identified for location these facilities. The Resettlement Specialist assured that the private land acquired for this project will be compensated as per ADB Safeguard Policy and Government regulations.

6. The Land Officer attached to Point Pedro Divisional Secretariat informed about 27 lots (approximately half an acers) have been identified as state land and fishing families have developed and occupying the land for fishing activities or living. Fishermen using such land need relocation due to the project. He further added that relocation site is also available in Katkovalam but it is around 500m from the shore. The Resettlement Specialist said as per ADB Safeguard Policy and 2009 Regulation, the occupants of the land are entitle for compensation for the developments. The Land Officer further said that the actual extent of land will be shown on ground after the advance tracing.

7. The fishermen participated in the meeting vehemently opposed the suggestion for relocation to Katkovalam due to the distance from the sea. They said fishing is their livelihood and they have been living close to the sea and they want to live close to the sea. They further said that the host community in Katkovalam will not allow them full scale fishing and thus adversely gives negative impacts to their livelihood. The Fishermen also pointed out that the prevailed situation prevented them to renew the land permits. They displaced 25 years ago and returned to the place of origin in 2014 and gradually stabilizing.

8. Finally the Resettlement Specialist thanked all the participants, with this the meeting adjourned

B. Attendance: 47

Annex 4: Minutes of the Consultation and Attendance with Affected Fishermen in Point Pedro on March 30, 2017

Project Title: Northern Province Sustainable Fisheries Development Project Project Preparatory Technical Assistance Client: Ministry of Fisheries Funding Agency : Asian Development Bank (ADB) Purpose of Meeting: Consultation with Affected Fishermen of Kottadi, Point Pedro Contract Number: TA 9049 Date: 30. 03. 2017 Venue: Divisional Secretariat, Point Pedro Participants: (List of Participant is attached)

A. Description of the Meeting

1. The Divisional Secretary of Point Pedro welcomed the gathering and briefed the purpose of the meeting. He explained to the participants about the boundary demarcation after recent survey and pointed out the actual starting and ending point of the proposed harbour. He regretted that the officials mistakenly pointed out the ending point up Nadarajar Aranku (Open Theatre). But the actual ending point as per design is near the 3rd cross street.

2. The representatives of the Koddadi Fishermen Society and the Chairman of the Fishermen Federation requested to limit the ending boundary up to Nadarajar Aranku. They pointed out the 100 number of one day fishing boats have been engaging fishing in between Nadarajar Aranku (Open Theatre) and the recently shown ending point. They further point out that approximately 300 families depend on their livelihood within the 400m strip of shore. The Project Director explained that the proposed harbor will cater the requirement of the small boats in addition to the proposed anchorage and landing sites at Munai and Sackkodai. As a result there will not be any threats to livelihood of the fishermen who use small boats and traditional type of fishing.

3. The fishermen questioned about the fishing activities during the construction period of the harbor. The PD said the construction starts with breakwater structures and initially no disturbance is expected and later stages 200 m of artificial beach will be develop just after the ending point of the proposed harbour to facilitate fishing temporarily during the construction period to avoid any livelihood disturbance or losses.

4. The Divisional Secretary and the Asst. Director Fisheries also insisted temporary arrangement for fishing is a must to avoid livelihood disturbances to the fishing families. In addition to the suggestion of artificial beach, they suggested to start the rehabilitation of Munai Anchorage. So, that will also serve the purpose of the boats during the construction of proposed harbor. The fishermen of Koddadi pointed out the distance of Munai from their village.

5. The AD Fisheries suggested arranging an exposure visit to other modern fishery harbours in the Island to gain basic experience of fishery harbor because it is new to the Northern fishermen. The PD recommended that Dickowitha is the best example to see the function.

6. The Secretary of the Point Pedro UC pointed out that the playground and the Nadarajar Aranku are falling below the project boundary and both are being managed by the UC. These two 49

are common property being used by public. He requested to allocate a Public playground within the existing location. The PD informed as per preliminary design half an acer of land excluded for the use of playground and open access for public. Secretary of the UC also requested for road rehabilitation up the end point of the proposed harbor location. PD has agreed for the road rehabilitation without widening.

7. The fishermen requested to allocate a separate strip within the proposed harbor to anchor the boats (one day boat) of Koddadi fishermen. In response to the request the design incorporated to facilitate one day boats with all the services facilities.

8. The Resettlement Specialist informed the fishermen that further consultation will be held during the detailed design phase to obtain the views of the fishermen.

9. Finally the DS thanked all the participants, with this the meeting adjourned

B. Attendance:

Annex 5: Summary of Land Acquisition Process in Sri Lanka

1. The land acquisition act of 1950 (LAA) and its amendments specify the process of acquisition of lands in which the privately owned lands belong to individuals as well as organizations. The steps of the land acquisition procedure are given below and indicate an extended time frame for completion. The long period of time for completion of acquisition of a land plot can lead to delay of the construction programs, due to consultation of various stakeholders such as survey department, valuation department, divisional secretary, Grama Niladharis etc. Following flow chart illustrates the various steps of acquisition process under land acquisition act.

Section Activity Time Frame

2 Preparation of application for the land to be acquired for 12 the described purpose by the executing agency and Weeks submit to the Land Ministry through line Ministry. Land Minister issue the section 2 order.

3 Surveying of lands, preparation of advance tracing / send to Acquiring Officer / Secretary to the Land 17 Ministry. Weeks

4 If there is a loss, payment will be made under section 2.

5 To inform the claimant of the land subject to the Acquisition for making objection and holds an objection 2 Weeks inquiry.

6 Approval is given by the Ministry of Land for proceed the 16 acquisition. Weeks

7 After publication of section 5 Gazette Notification issues to survey the land and land surveyed by the Survey Department. 12 Weeks 9 Publication of Gazette Notification and calling for claimants for the inquiry.

10 Determination of ownership for the land or asset by an 4 Weeks inquiry

17 Decision of the ownership and informed to the claimants. 4 Weeks

38 Award of compensation and payment. 4 Weeks Possession will be taken of land after payment of Total compensation. 71 Weeks

A. Section 2 Notices

2. The institution (MFARDREA PMU) prepares an application indicating the features of the land which should be acquired for the specific purpose in the given format by the Ministry.

3. Then the MFARDREA will make a request on land acquisition to the Ministry of Land (ML). When the necessary request is received, the Minister of Land Development directs the Acquiring Officer of the respective Divisional Secretary’s division in which the land to be acquired, to issue under Section 2 of LAA to the respective land owner. This notice gives legal authority to the officers to enter the said land and do the survey of the land and other necessary official duties. The Section 2 notice publicizes at the land as well as other prominent places in the area. The notice:

(i) Is in 3 languages, Sinhala, English and Tamil. (ii) Specifies how claimants can make the objection for the acquisition of said land.

4. In the meantime, the Acquiring Officer issue a Section 2 survey requisition to the Superintendent of Survey (SS) of the survey department of respective district. Then the Superintendent of Survey assigns a surveyor to do the surveying the land. The appointed surveyor visits the particular land and commences the surveying with the assistance of Grama Niladhari (GN). Prior to the visit of surveyor, the GN informs to the land owner about the date of survey. The surveyor follows the boundaries of each land lot to be acquired with the assistance of GN. The following details are recorded by the surveyor:

(i) Name Land owner (ii) Name of occupant (iii) Ownership status (iv) Nature of the land (high land or paddy land)

5. After surveying the land, a plan of the land is prepared, called advance tracing. This gives all details such as extent of the land, ownership status, boundaries etc. This plan is sent to the divisional secretary as well as the ML by the survey department

B. Section 3 Provision

6. This is a provision for the making claims by the owners of the land due to any damage caused during the survey or publishing the notices at the land.

C. Section 4 Provision

7. This is a provision to make the objection against the acquisition of land. Any person who has a right to the land can make an objection to the secretary of MFARDREA or ML. Under this provision notice issued by the ML call for any objections against the land acquisition, which is published in the government gazette as well as in newspapers in 3 languages.

D. Section 5 Provision

8. Once the objection(s) are received, against the acquisition, the Secretary holds an inquiry to ascertain the facts behind this request and makes his recommendation to the ML whether the particular land plot(s) should be acquired or not. Based on the recommendation of the secretary of the MFARDREA, the Minister of Land and Land Development takes a decision on the matter. The 53

minister can reject or accept the recommendation of the secretary. However, Minister has the authority to stop the acquisition on reasonable grounds.

E. Section 6 Provision

9. Under this provision, the acquiring officer issues a survey requisition to the survey superintendent for the preparation of the final plan of the land. When superintendent of survey receives a survey requisition, he issues an order to his survey team to prepare a final plan of the land. If necessary the survey team visits the particular land again. The plan is then finalized, based on advance tracing and the additional surveys (if conducted).

F. Section 7 Provision

10. The acquiring officer issues a notice under section 7 which indicates that the property is under consideration for acquisition The notice includes the following details:

(i) Description of the land to be acquired (ii) Reasons for acquisition (iii) Claims for compensation to be made to Acquiring Officer (iv) Direct every person interested in the land to be acquired to appear personally or by an agent duly authorized in writing before the acquiring Officer. The nature of interest for the land, particulars of his claim for compensation, the amount of compensation and the details of compensation of such amounts should provide by the claimant/s.

11. The claimant can make verbal or written claims to the acquiring Officer

G. Section 8 Provision

12. An order is made by the acquiring officer to the person/s who have some kind of ownership for the land and whom should produce the income statements of earnings of the land.

H. Section 9 Provision

13. The acquiring officer conducts an inquiry under the provision of section 09 for the determination of ownership of the land paying special attention to the land ownership deeds and other relevant documents. At this stage, ownership is determined by the Acquiring Officer and a decision is made. The base on the outcome of the inquiry a notice is issued that determines the owner/s of the land. This notice is issued under the provision of section 10.

14. The ownership determination letter is prepared in triplicate, sent to the owner/s, valuation department and placed on file. When the letter received, the Valuation Officer visits the property and prepares a condition report in which all details of the said property is recorded. Based on condition report, he prepares a valuation report (determination of valuation) which he submits to the Acquiring Officer. Valuation is determined, based on the instruction of 2009 regulation, and includes compensation entitlements as given below:

(i) Replacement value for the structure (ii) Market value for the land, trees and crops

(iii) Cost for attending section 09 inquiring (iv) Cost for selection of alternative sites (v) Cost for transportation to new sites (vi) Cost incurred for publicity of commercial establishments (vii) Cost for fixing of furniture Cost for traveling where relevant (viii) Cost for loss of business (ix) Cost for working capital for reestablishment of business (x) Cost for assessment tax and rent (xi) Cost incurred by claimant for acquisition of land

I. Section 17 Provision

15. When the valuation report is received, the acquiring officer prepares a compensation award letter to be sent to the owner/s of the property with a copy to the compensation appeal board. After receiving the compensation award letter owner/s can accept or reject the entitlements. If rejected, within 14 days an appeal may be made for higher compensation to the appeal board within. Otherwise the entitlement may be accepted.

J. Section 22 Provision – appeals and grievances

16. If the claimants are dissatisfied over the compensation, an appeal to the Board of Review under section 22 may be made. However, this is a time-consuming process. Therefore, all possible steps should be taken to resolve the issue under grievance redress mechanism (GRM) of the Project. There may be ownership disputes occur among the number of claimants for one property. GRM also resolves this type of dispute.

K. Section 38 order – takeover of possession

17. When the compensation paid, the acquiring officer informs to the ML for the issuance of section 38 orders, in which the acquiring officer is empowered to take over the possession of the land on behalf of the MFARDREA and PMU. When the acquiring officer receives a Section 38 order, the relevant person/s giving are informed and given 14 days prior to possession of the land. At this stage the acquiring officer takes possession of the land and transfers to the nominated officer of the MFARDREA.

Annex 6: Minutes of First GRC Meeting at Point Pedro

Annex 7: GRM Brochure