Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: BatuFEDERALDEMOCRATICREPUBLICOFETHIOPIA (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
ETHIOPIANROADSAUTHORITY
PROCUREMENT OF WORKS AND SERVICES UNDER DESIGN AND BUILD ROAD CONTRACT MODJO- HAWASSA HIGHWAY PROJECT LOT 3: 19 KM (Km 130+965 to km 149+950) RAP for BATU (ZEWAY) - ARSI NEGELE SECTION (57.1 KM)
UPDATED RESETTLEMENT ACTION PLAN OF 2015
October 2019
Updated RAP, Km:130+965 to Km:149+950 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Table of Contents ACRONYMS AND ABBREVIATION ...... viii GLOSSARY ...... ix EXECUTIVE SUMMARY ...... 1 1 INTRODUCTION ...... 8 1.1 Background ...... 8 1.2 Justification for the Updated RAP ...... 9 1.3 Project Location and Description ...... 9 1.4 Scope of the RAP ...... 10 1.5 Objectives of the RAP ...... 11 1.6 Approach and Methodology ...... 12 2 SOCIO-ECONOMIC BACKGROUND OF THE PROJECT ROAD ...... 13 2.1 Geographic and Administrative Location ...... 13 2.2 Demographic Characteristics ...... 13 2.2.1 Population in the Project Area ...... 13 2.2.2 Sex Composition...... 14 2.2.3 Urban Area Population ...... 14 2.2.4 Population Density ...... 14 2.2.5 Ethnic Composition ...... 14 2.2.6 Language ...... 14 2.2.7 Household Size ...... 15 2.2.8 Age Distribution ...... 15 2.2.9 Dependency Ratio ...... 15 2.2.10 Unemployment Rate ...... 15 2.3 Education ...... 15 2.4 Access to Health Institutions ...... 16 2.5 Access to Water Sources ...... 16 2.6 Road Network ...... 16 2.7 Economic Activities ...... 17 2.7.1 Agriculture ...... 17 2.7.2 Livestock ...... 17 2.8 Vulnerability ...... 17 2.9 Gender-Based Violence /GBV/ ...... 18 3 POLICY AND LEGAL FRAMEWORK ...... 19 3.1 Environmental Policy of Ethiopia ...... 19 3.2 Land Ownership Policy in Ethiopia ...... 19 3.3 Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 ...... 20 3.4 FDRE Council of Ministers Regulation No. 135/2007 ...... 22 3.5 Proclamation on Rural Land Administration and Land Use ...... 22 3.6 Proclamation on Research and Conservation of Cultural Heritage ...... 22 3.7 National HIV/AIDS Policy ...... 23 3.8 National Policy on Women ...... 24 3.9 Health Policy ...... 24 3.10 Education and Training Policy ...... 25 3.11 National Social Protection Policy of Ethiopia ...... 25 3.12 Labor Proclamation No 377/2003 ...... 26
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
3.13 ERA'S Resettlement/Rehabilitation Policy Framework ...... 27 3.14 Ethiopian Roads Authority Policy for HIV/AIDS ...... 28 3.15 World Bank Operational Policy on Involuntary Resettlement (Op) 4.12) ...... 28 4. IMPACTS OF THE PROJECT ROAD ...... 37 4.1 Positive Impacts ...... 37 4.1.1. Employment Opportunities for Local Communities ...... 37 4.1.2. Employment of Women ...... 38 4.1.3. Increased Agricultural Production and Productivity ...... 39 4.2 Negative Social Impacts and Mitigation Measures ...... 39 4.2.1 Impacts on Houses ...... 39 4.2.2 Impact on Farm and Grazing Land ...... 40 4.2.3 Loss of Trees and Fruits ...... 41 4.2.4 Impact on Graveyards ...... 41 4.2.5 Impact on Public Utilities ...... 42 4.2.6 Summary of Impacts ...... 42 4.2.7 Growth of Squatters and Uncontrolled Settlements ...... 42 4.2.8 Exposure to HIV / AIDS and other Sexually Transmitted Diseases (STD) ...... 42 4.2.9 Impact on Women ...... 43 4.2.10 Impact on Child Labor ...... 44 5. SOCIO-ECONOMIC PROFILE OF PAPs...... 45 5.1 Number of PAPs ...... 45 5.2 Religious Background of PAPS ...... 45 5.3 Ethnicity of PAPS ...... 45 5.4 Occupation ...... 45 5.5 Marital Status ...... 45 5.6 Education ...... 46 5.7 Other Social Facilities ...... 46 5.8 Income and Livelihood ...... 46 6. ELIGIBILITY CRITERIA AND PROJECT ENTITLEMENT ...... 48 7. LIVELIHOOD AND INCOME RESTORATION MEASURES ...... 57 7.1 Livelihood and Income Restoration ...... 57 7.2 Special Restoration Measures for Vulnerable Group/PAPs ...... 58 8. INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK...... 60 8.1 Organizations at Federal Government Level ...... 60 8.2 Ethiopian Roads Authority (ERA) ...... 60 8.3 ERA’s Environmental, Social and Occupational Health and Safety Management Directorate .. 60 8.4 Right-Of-Way Management Teams ...... 61 8.5 ERA'S Legal Affairs Service Directorate ...... 61 8.6 Expressway and Special Projects Contract Administration Directorate ...... 61 8.7 Regional Government Level ...... 61 8.8 Oromia Regional State ...... 62 8.9 Woreda Administration ...... 62 8.10 Kebele Administration...... 62 8.11 Woreda Committee Structures ...... 62 9 PUBLIC AND STAKEHOLDERS' CONSULTATION ...... 66 9.1 Consultation with Local Communities ...... 66 9.1.1 Consultation with PAPs in Daka Hora Kelo Kebele and Local Authorities ...... 66
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
9.1.2 Consultation with PAPs in Dakdalu-Herangema Kebele and Local Authorities...... 67 9.1.3 Consultation with PAPs in Hada Boso, Galef Kelo and Gubeta Arjo kebele and Local Authorities ...... 68 9.2 Consultation with Local Administration ...... 70 10 METHODOLOGIES IN VALUING LOSSES ...... 75 10.1 Replacement Costs for Land, Houses & Public Infrastructures ...... 75 10.2 Basis for Valuation ...... 76 10.3 Valuation for Houses ...... 76 10.4 Valuation for Agricultural Land ...... 77 10.5 Valuation formula for Perennial Crops ...... 77 10.6 Valuation for Public Utility Lines ...... 77 11 COMPENSATION COST ESTIMATE ...... 78 11.1 Affected Houses and Compensation Cost Estimate ...... 78 11.2 Compensation Cost Estimate for the Affected Farm and Grazing Land ...... 78 11.3 Affected Trees and Estimated Compensation ...... 78 11.4 Compensation for Public Utilities ...... 79 11.5 Compensation for Graves ...... 79 12 COMPENSATION PROCEDURES & APPROACH ...... 81 13 GRIEVANCE REDRESS MECHANISM...... 82 14 DISCLOSURE OF RAP AND SCHEDULING ...... 87 14.1 Disclosure of RAP ...... 87 14.2 Scheduling ...... 87 14.3 Compensation Delivery Mechanisms ...... 88 15 COSTS AND BUDGET ...... 90 15.1 RAP Budget ...... 90 15.2 Compensation Payment ...... 90 15.3 Additional Support ...... 90 15.4 Project Management & Running Costs ...... 90 16 MONITORING, EVALUATION AND REPORTING ...... 93 16.1 General ...... 93 16.2 Internal Monitoring ...... 93 16.3 External Monitoring ...... 93 16.4 Monitoring Plan ...... 94 16.5 Monitoring and Evaluation of the GRM ...... 96 REFERENCES ...... 97 ANNEX ...... 98 ANNEX 1: PROJECT AFFECTED PEOPLE AND ASSETS...... 99 Annex 1.1: Obstruction List and Demography of Affected Households ...... 99 Annex 1.2: List of Households Loss Houses and Estimated Compensation Cost ...... 100 Annex 1.3: List of Affected Crop Land and Compensation Cost EstimateError! Bookmark not defined. 2 Error! Bookmark not defined. 3 Error! Bookmark not defined. 4 Error! Bookmark not defined. Annex 1.4: List of Affected Trees and Compensation Cost Estimate ...... 100 1 Error! Bookmark not defined. 2 Error! Bookmark not defined.
Updated RAP, Km:130+965 to Km:149+950 Page :iv SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
3 Error! Bookmark not defined. 4 Error! Bookmark not defined. 5 Error! Bookmark not defined. Annex 1.5: List of Affected Graves and Compensation Cost Estimate ...... 100 ANNEX 2: CONSULTATION ...... 101 Annex 2.1 Consultation Plan and Report ...... 101 Annex 2.2. Minutes of consultation Meeting held at Daka Horakelo kebele in Amharic and List of Consultation Participants ...... 105 Annex 2.3. Consultation Minutes of Meeting held at Dakdalu-Herangema Kebele in Amharic Language and List of Consultation Participants ...... 108 Annex 2.4. Consultation Minutes of Meeting held at Dole town with Hada Boso, Galefkeloand Gubata Arjo Kebele in Oromifa Language and List of Consultation Participants ...... 112 Annex 2.6: Minutes of Stakeholders Meeting (Oromo Version) ...... 122 Annex 3: Disclosure of Property Inventory Commencement Date ...... 130 Annex 3.1: Letter written by woreda to kebeles and PAPs to inform the commencement date of property inventory (Cut-Off Date) in Oromifa language ...... 130 Annex 3.2: English Translation Version of Letter Written by Woreda ...... 131 Annex 4: Unit Rate for Affected Properties...... 132 Annex 5: Arisi Woreda GRC ...... Error! Bookmark not defined. Annex 6: Comments and Reply, August 30/2019 [ vide email] ...... 137 Annex 9: Terms of Reference forLivelihood Restoration Plan Preparation ...... 140
LIST OF TABLES
Table 0- 1: Composition of Affected HH ...... 4 Table 0- 2: No. and Sex based Composition of PAP’s ...... 4 Table 0- 3: Composition and size of Project Affected Land ...... 4 Table 0- 4: No. of HH and PAP’s lose farmland ...... 4 Table 0- 5: RAP Budget ...... 5 Table 1- 1: Project Woredas ...... 10 Table 2- 1: Population of woredas along the project road (2017) ...... 13 Table 2- 2: Population data of towns along the project road ...... 14 Table 2- 3: Crude Population Density for woredas along the project road ...... 14 Table 2- 4: No. of schools and students along the project road ...... 15 Table 2- 5: Health Institutions in the Project Affected Woredas ...... 16 Table 2- 6: Health Personnel in the Project Affected Woredas ...... 16 Table 2- 7:Rural Water Supply Coverage in the Project Affected Weredas ...... 16 Table 2- 8: Road Network in the Project Affected Woredas (km) ...... 16 Table 2- 9: Livestock Population in the Project Affected Woredas ...... 17 Table 3- 1: Comparison of Ethiopian Legislation and World Bank’s Operational Policy (OP 4.12) ...... 31
Table 4- 1: Type and number of Trees to be Removed from the Row ...... 41 Table 4- 2: Summary of Impacts...... 42
Updated RAP, Km:130+965 to Km:149+950 Page :v SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Table 5- 1: Education level of the Project affected HHs ...... 46 Table 5- 2: Light and Energy sources of the Project Affected HHs ...... 46
Table 6- 1: Project Entitlement Matrix ...... 49 Table 8- 1: Shows Responsibilities of institutions/stakeholders that will have role during Planning and implementation of the RAP ...... 63 Table 9- 1: Summary of Public consultation held on May 15/2019 and May 16/2019 ...... 72 Table 10- 1:Replacement cost by type of impact ...... 75 Table 10- 2: Perennial crops ...... 77 Table 11- 1: Houses Affected at 90m ROW and estimated compensation cost ...... 78 Table 11- 2: Estimated Compensation Cost of Affected Land Products ...... 78 Table 11- 3: Estimated Compensation cost for the Affected Trees ...... 79 Table 11- 4: Estimated Compensation cost for the Affected Utilities...... 79 Table 11- 5: Estimated Compensation cost for the Affected Graves ...... 80 Table 13- 1: :Name and Responsibility of GRC Members (Arsi Negle Woreda) ...... 82 Table 14- 1: Proposed Implementation schedule of RAP ...... 88 Table 15- 1: Summaries of Compensation Amount ...... 90 Table 15- 2: Budget for implementation of RAP within the road segment from km 130+965-km 149+950 ...... 91 Table 16- 1: Output indicators with tentative implementation timeframe ...... 95
LIST OF FIGURES
Figure 1- 1: Project Location Map ...... 8 Figure 4- 1: Affected Housing Units and Type of Houses ...... 39 Figure 4- 2 Lost Farm Land and Affected HHHs segregated by Sex...... 40 Figure 4- 3: Location and number of affected cemeteries ...... 41 Figure 8- 1: Organizational roles and responsibilities channel ...... 65 Figure 9- 1:Consultation with PAPs and Local Authorities at Daka Hora Kelo Kebele on May 15/2019 Morning ...... 67 Figure 9- 2: Consultation with PAPs and local Authorities at Dakdalu-Herangema Kebele on May 15/2019 Afternoon.68 Figure 9- 3: Consultation conducted with PAPs from Hada Boso, Galef Kelo and Gubeta Arjo kebele and Local Authorities on May 16/2019 ...... 70 Figure 13- 1: Project Affected Persons (PAPs) Grievance Resolution Channel- Compensation related Grievance...... 85 Figure 13- 2: Project Affected Persons (PAPs) Grievance Resolution Channel- Non Compensation related Grievances86
Updated RAP, Km:130+965 to Km:149+950 Page :vi SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page :vii SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
ACRONYMS AND ABBREVIATION COMESA Common Market for Eastern and Southern Africa CSA Central Statistical Agency EEP Ethiopian Electric Power EIA Environmental Impact Assessment EPA Environmental Protection Authority ER Employer Representative ERA Ethiopian Road Authority ESIA Environmental & Social Impact Assessment ETB Ethiopian Birr FDRE Federal Democratic Republic of Ethiopia GBV Gender Based Violence GRC Grievances Redress Committee GRM Grievances Redress Mechanism GCRC Gross Current Replacement Cost HIV/AIDS Human Immune Virus / Acquired Immune Deficiency Syndrome LRP Livelihood Restoration Plan M&E Monitoring & Evaluation MoFEC Ministry of Finance & Economic Cooperation MoT Ministry Of Transport NGO Non-Governmental Organization OBoLEP Oromia Bureau of Land & Environmental Protection OP Operational Policy PAP Project Affected Person PIA Project Influence Area PLC Private Limited Company RAP Resettlement Action Plan RoW Right of Way ROWMT Right-Of-Way Management Teams RPF Resettlement Policy Framework SEA Sexual Exploitation Assessment SIA Social Impact Assessment STDs Sexually Transmitted Diseases WAD Women Affairs Directorate WB World Bank WPVC Woreda Property Valuation Committee
Updated RAP, Km:130+965 to Km:149+950 Page:viii SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
GLOSSARY
Building means any structure constructed or under construction in an urban center or a rural area for residential, manufacturing, commercial, social or any other service;
Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions.
Compensation means payment to be made in cash or in kind or in other assets given to a person in exchange for the acquisition of land including fixed assets or property situated on his/her expropriated landholding.
Cut-off Date is the date when the inventory of affected PAPs and properties is commenced. No claim for compensation is entertained beyond this agreed date Economic Displacement: The loss of assets or access to assets that leads to loss of income sources or other means of livelihood as a result of project-related land acquisition and/or restrictions on land use. Formula means the methodology used for 'valuating compensation in accordance with these Regulations for Properties Situated on Landholdings Expropriated in Accordance with the Proclamation; Involuntary Resettlement: Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement. Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project. Livelihood: Refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage-based income, agriculture, fishing and so on. Physical Displacement: Refers to the relocation or loss of shelter as a result of project-related land acquisition and/or restrictions on land use.
Project Affected Persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other assets loss as a result of road infrastructure development activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.
Public purpose means the use of land defined as such by the decision of the appropriate body in conformity with urban structure plan or development plan in order to ensure the interest of the peoples
Updated RAP, Km:130+965 to Km:149+950 Page :ix SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019 to acquire direct or indirect benefits from the use of the land and to consolidate sustainable socio- economic development
Replacement Cost: Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. The replacement value of the assets plus the transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
Resettlement assistance refers to activities that are usually provided during, and immediately after, relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households. Utility line means water, sewerage, electric or telephone line existing on or under a land to be expropriated for public purpose.
Vulnerable groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.
Woreda: It is an administrative unit/government structure/above Kebele and below zonal level administration.
Zone: It is a government structure immediately comes after the regional administration and includes a number of woredas.
Updated RAP, Km:130+965 to Km:149+950 Page :x SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page :xi SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
EXECUTIVE SUMMARY General
This Resettlement Action Plan (RAP) has been prepared as part of safeguard measures to minimize the project related impacts that might happen due to dispossession of properties and relocation of Project Affected People (PAP) residing within the road segment under consideration that starts at km 130+965 and ends at km 149+950. Apart from the identification of impacts, the RAP also outlines major mitigation measures and their implementation procedure. The present Resettlement Action Plan (RAP) has been prepared in line with Ethiopian Roads Authority’s Resettlement Policy Framework, ERA’s Quality Manual and WB OP 4.12. The document has two main objectives: to know the degree of impact (displacement, dispossessions) and to outline the required mitigating measures for expected unwanted repercussions associated with land acquisition for the road construction. The entire 57.1km road has been segmented into different sections to facilitate the road construction work. The RAP updating follows this segmentations. Prior to this specific RAP, an updated RAP had already been prepared and cleared for five kilometers priority road section (km 125+840 to km 130+900). This one is the third updated RAP for the road section from km 130+965 to km 149+950. In terms of impact, the project road is expected to have both positive and negative impacts in the direct project influence area as well in the indirect influence area. The potential social impacts will be quicker felt in the direct influence area while those located further feel the impact gradually and indirectly. In this document attempt has been made to show both kind of impacts together with the required measures to minimize the unwanted ones and optimize the positive ones. The road Contractor, SBI International Holding AG, is tasked with the updating of the already cleared and approved RAP for the entire 57.1km road length prepared during the 2015 Concept Design stage. The updating task is to be done in consideration of any socio-economic changes as well as in changes related to the road construction activities. This RAP update has taken into account all the PAPs and affected properties within the 90-meter road width reserve along the 18.935km road stretch. As part of the process, consultations have been held with range of stakeholders that include the PAP themselves, kebele and woreda administration and other relevant sector offices. Approach and Methodology In preparing this RAP, both field and desk level investigations have been employed. The relevant policy and legal frameworks have been reviewed and gaps identified. Other secondary information relevant to the preparation of the document have also been gathered and reviewed. Series of consultations have been conducted with different stakeholders. Household level survey also conducted to gather socio- economic profile of the PAPs. The approach and methodology followed includes the following: . Review of national policies, strategies, legislations and guidelines . Review of data and information from secondary sources . Field level observations into the project affected area . Household level survey of PAPs . Baseline data collection of project affected persons and identification of affected properties/ assets and
Updated RAP, Km:130+965 to Km:149+950 Page:1 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
. Conducting consultations with the potential project affected persons and local authorities. As mentioned earlier, the RAP has been prepared in line with the applicable national legislations ERA’s Resettlement Policy Framework, ERA’s Quality Manual and WB OP 4.12. The WB policy aimed at either to avoid, where feasible, or minimize involuntary resettlement; if carried out, to conceive and execute resettlement activities as sustainable development program and to assist displaced persons so that they could be able to restore or improve their livelihood. The policy also sets eligibility criteria, resettlement instruments and monitoring, and other provisions. The RAP has also taken into account Ethiopia’s existing legal and administrative framework. In case of conflicts or gaps between the National/ Ethiopian law and that of the WB Policy, the Bank policy will prevail as final. Public / Stakeholders’ Consultation and Community Participation Stakeholder consultation is carried out with the objective of incorporating the views of the local community, PAPs, local government officials/ experts, Non- Government Organizations (NGO) as well as other entities. As a kick–off meeting, project introduction consultations were conducted with the two project woredas involving woreda authorities, kebele executives, potential PAPs and community elders on May 19 and 20, 2018. Following this, series of consultations have been conducted with stakeholders in different working sites (PAPs along RoW, campsite, borrow pit areas, etc.). For this particular RAP, consultations were held with PAPs residing in the project affected kebeles, local leaders, woreda officials and other stakeholders on May15 and 16, 2019. Main agendas include disclosing of project status, compensation procedures, entitlements, relocation of graveyards, etc. (details attached in the annexed minutes of meeting). The cut-off date (May 17 /2019,) was officially communicated/disclosed to all PAPs and other stakeholders (letter written to disclose cut-off date by the woreda administration office is attached as annex 3), posting notices at the publicly accessible places like kebele administration offices, and informed during consultations with the community and PAPs. It was agreed that eligibility for compensation takes into account this cut-off date and no claim would be entertained for properties erected /constructed after this date. The methods employed to conduct consultations include briefing of the project objective for the participants, specific agenda setting, assigning lead person and rapporteur followed by discussion. The role of project staff remains as facilitator while the local leaders and PAPs take lead role in the deliberation. Minutes of meeting and recording, including final words/consensus reached and other concerns were done by locally assigned persons. The general outcome of the consultation shows that the public at large supports the road construction objective and perceive it as one good opportunity that will bring about considerable beneficial impacts for the development of the project influence area in general. Few individuals requested fresh road realignment to save the graveyards, while others do not show resentment on the proposed road alignment. The woreda representatives explained to the participants that fresh realignment means more impacts upstream and downstream and even more relocation of houses, graveyards and dispossession of additional farm and grazing lands. The details of the consultations with PAPs, community, different stakeholders and government officials are presented under chapter nine and minutes of meeting and list of participants annexed.
Updated RAP, Km:130+965 to Km:149+950 Page :2 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Policy and Legal Framework RAP preparation entails reviewing of the existing policy and legal frameworks of the host country as well as other operational guidelines of the financer. Since impact on land is one unavoidable impact in the construction of the proposed express road, review of the existing national policy and legal provisions on land ownership, expropriation and compensation has been given due emphasis in this document. As per the constitution of the Federal Democratic Republic of Ethiopia, land is a public property and that no individual person has the legal right to own it. Since there is no private ownership of land in Ethiopia, rural or urban land could not be sold, mortgaged, or transferred; citizens have only usufruct right. A usufruct right gives the user of the land the right to use and the right to benefit from the fruits of her/his labour, which may be crops, trees, etc. found on the land or any permanent works such as buildings, etc. In the expropriation of land for public use, the Federal Democratic Republic of Ethiopia (FDRE) has issued two major legal documents. Proclamation No. 455/2005 which deals with the expropriation of land holdings for public purposes and payment of compensation; and the second one is the Council of Ministers Regulation No.135/2007 which details the basis for compensating and rehabilitating affected properties for public purposes. Institution and Administrative Framework The Ethiopian Roads Authority (ERA) is responsible for the preparation and implementation of RAP for road projects. The Environmental, Social, Health and Occupational Management Team (ESMT) of ERA is directly responsible for the review, monitoring and implementation of this Resettlement Action Plan. Right of Way (ROW) management of ERA liaises with the woreda administration for facilitating compensation of the operations, verification of the registered PAPs, establishment of property Evaluation committee, inventory of the affected properties and establishment of compensation rates and payment of compensation. The woredas have crucial responsibility in the RAP implementation process. Facilitated by ERA, property valuation and grievance redress committees have been established at project woreda levels for the whole project stretch. The property valuation committee comprises representatives from woreda sector offices and administration in accordance with national legal frameworks discussed in chapter three of this document. The committees are already in place in both project woredas [Adami Tulu Jido Kombolcha and Arsi Negelle]. Valuation of affected properties, submission of compensation documents to the Employer, coordination of relocation for PAPs is the major responsibility of the property valuation Committee. The Client, ERA, will make funds available for payment of the compensation amount. The valuation committee prepares monthly and quarterly progress reports, which will be delivered to the ER office, ERA’s Expressway and Special Projects Management Directorate, RoW management team and the woreda administration office. Grievance Redress Mechanism Grievances are expected phenomena during the course of the project implementation. Project related disputes (related to compensation and other project induced activities) are common and have their own bearings on the project progress. In case of disputes, the preferred option to settle them is
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019 through amicable means using traditional and cultural methods. This will save time and resources as opposed to taking the matter to formal court. To ensure that the PAP have avenues for redressing grievances related to land acquisition and resettlement, procedures for the redress of grievances should be established for the project. The objective of establishing the grievance redress committees is to respond to the complaints of the PAP promptly and in a transparent manner. The mechanism is designed to be easily accessible, transparent and fair; and that grievances and appeals are to be addressed through arbitrational procedures. Wereda level Grievance Redress Committees are already formed in Adami Tulu and Arsi Negele Weredas [refer to Annex 5. The grievance redress committee settles disputes arising in the respective kebeles. The committee handles cases from the outset using the established GRM instead of leaving the cases to the formal court. This is the preferable option since appealing to the court might take a lot of time if left to the disputing parties. If any of the parties disagree, the aggrieved party still has the right to appeal to the formal courts. Summarized Project Impacts The RAP socio-economic survey data shows that 205 households plus 8 public properties are to be affected due to loss of farmland, grazing, houses and trees. A household could lose a land, a house or both. Thus, the total affected mentioned above may not necessarily coincide with the addition of all households categorized under different impacts. Summarized information in connection with affected lands, households {HH] and project affected peoples [PAP’s] are indicated below: Table 0- 1: Composition of Affected HH No of Affected HH Male Female Male (%) Female (%)
205 188.00 17.00 91.7 8.3 Table 0- 2: No. and Sex based Composition of PAP’s No of PAP's Male Female Male (%) Female (%) 1614 816.00 798.00 50.56 49.44
Table 0- 3: Composition and size of Project Affected Land Area Affected Land (ha) Farm Land(ha) Grazing Land (Ha) Farm Land (%) Grazing Land (%) 177.13 163.87 13.26 92.51 8.09 Table 0- 4: No. of HH and PAP’s lose farmland Affected Farm Land(ha) HH PAP's Male Female Male Female Total 163.87 162 13 716 704 1420 In general, the road affects the following properties within this specific road section: 163.328 hectare of farmland belonging to 175 households; 13.64 hectare of grazing land belonging to 30 households; 37 housing units owned by 29 households; and 11465 trees of different sizes belonging to 167 households. In addition, 222 graveyards, 8 electric poles 720 meters of water pipeline located in different spots are to be affected.
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Majority of the affected Households (91.7%) are male headed and only 8.3% are women headed. The total family members of the project affected households (PAPs) are 1614; out of which 816 (50.56%) are male and the remaining 798 (49.44%) are female.
All farmlands are to be partially affected (ranging from 0.01 hectare to 4 hectares per household). PAPs still maintain part of the unaffected land that varies in size from 0.02 ha to 18.8 ha of land outside the RoW limit. With regard to the affected houses, PAPs could relocate their houses within the adjacent residual land and no need of resettlement elsewhere.
Budget Requirement for RAP The cost estimate and budget required for the implementation of this RAP are summarized below.
Table 0- 5: RAP Budget A. Compensation Costs Estimated Costs [ETB] Remark Compensation for House 155,627.75 Compensation for Crops/Cropland 143,659,859.31 Compensation for Grazing land 22,645,720 Compensation for Trees 20,987,800.00 Compensation for Public Utilities 675,000.00 Cost for Relocation of Graves 1,387,500 Sub Total 189,511,507.06 B. Relocation Support Relocation and Shifting Assistance for House Owners 290,000.00 Cost for supporting vulnerable people 80,000.00 LRP and VG Support Implementation 3,000,000.00 The amount is in USD. The budget is allocated for LRP and vulnerable groups support for PAPs in the four LoTs of Modjo - Hawassa road corridor HIV/AIDS Awareness and Prevention - Works Contract1 Gender Mainstreaming including GBV Management For Whole Section2 - Cost Include on 5Km Legal & Administrative Costs - RAP3 Sub Total 370,0000 C. Project Management & other costs
1 The STD and HIV/AIDS Alleviation program is under implementation by the Contractor as per the Employer’s Requirements[ Works Contract] 2 This estimated amount is allocated for the whole section on the 9 Km RAP [Km:116+700~Km:125+800] 3 This budget is indicated on Cleared Segmental 5Km RAP[ Km125+840~Km:130+900]
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A. Compensation Costs Estimated Costs [ETB] Remark Costs for Property Valuation Committee - Include on 5Km Cost for Internal Monitoring - RAP4 Sub Total - Total (A+B+C) 191,281,507.06 Contingency 10% 19,128,150.71 Grand Total in Birr 210,409,657.77 LRP and Vulnerable groups support 3,000,000.00 The budget is in USD
4 This Cost for the Whole Section of the project is s indicated on Cleared Segmental 5Km RAP[ Km125+840~Km:130+900]
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The total estimated cost, including 10% contingency, would be ETB 210,409,657.77. The cost and budget estimate include the resource requirement as compensation payment, for additional support for shifting and moving, and support for vulnerable PAPs, for alleviation of HIV and STD prevalence’s and also the budget needed for Administrative costs in the implementation of this RAP. The budget allocated for LRP and VG support plan implementation for four LoTs is estimated $3,000,000.00 USD that will be breakdown based on the LR and VG need assessment and the identified scope of impact on the PAPs.
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1 INTRODUCTION 1.1 Background Zeway-Arsi Negele Road project (Lot-III) covering 57.1km is part of the Mojo-Hawassa Highway. The Modjo-Hawassa 202.47 km road project is part of the Trans-African Highway covering more than 10,000 km and linking Addis Ababa with Kenya and the port of Mombasa. The Modjo– Hawassa road project is planned by the Government of Ethiopia to improve the standard of Trans-East African Highway as a member of Common Market for Eastern and Southern Africa (COMESA) countries and its import-export corridors to minimize the cost of its transit traffic.
LOT-III starts west of Zeway town and the alignment traverses the west side of the existing road until it crosses the existing road just after Bulbula village to avoid interference with the Abiyata Shala Lakes National Park (ASLNP) whose boundary lies entirely on the west side of the existing road. The alignment keeps the eastern side of the existing until it passes the Langano lake area and terminates few kilometers past the lake influence area. The location of the Project Road Corridor is shown in Figure 1.1 below.
Figure 1- 1: Project Location Map
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In the course of implementation of the project it is likely that both positive and negative social impacts to arise. In order to minimize the negative impacts and enhance the positive impacts there should be study to address properly all the social issues in the construction and implementation phases. For this to happen Resettlement Action Plan (RAP) should be prepared and implemented. The primary objective of the RAP is to show the planned mitigation measures for adverse impacts, restore the income and living standards of the affected persons within a short period of time after resettlement and with as little disruption as possible. Particular attention will be given to the needs of the vulnerable PAPs. This updated RAP has been prepared for the road section from Km 130+965 to Km: 149+950, where there is a consensus among PAPs on planned mitigation measures for the identified adverse impacts and the contractor has given priority to start actual construction work at this section once the updated RAP report is cleared. Particular attention shall be given to the needs of the vulnerable PAPs. 1.2 Justification for the Updated RAP This RAP is an updated version based on the already cleared RAP during the Concept Design stage in January 2015. RAP updating continue to be an on-going exercise in response to changing socio- economic context and amendments on road development activities. The entire 57.1 km road has been segmented into different priority sections and RAP updating follows the priorities. Earlier, the Contractor is advised by the ER office to update RAP for the first priority section (km 125+850 to 130+800) to ensure early commencement of construction. This has been approved and cleared by the Financer and Employer. Also, draft RAP for the second priority section from km 116+700 to 125+800 has been prepared and submitted to ERA. The present RAP is for the third priority section (km 130+965 to 149+950). While preparing the updated version, all attempts have been made to reflect the ever- changing context against the original RAP settings in 2015.
This updated RAP has been prepared in line with the objectives and principles outlined in the 2015 RAP (already cleared by the WB), and as per the National Policy Framework, ERA’s Resettlement/Rehabilitation Policy Framework and World Bank’s Policy on Involuntary Resettlement (OP/BP 4.12). The policy objectives are to avoid or minimize involuntary resettlement and to be executed as sustainable development program. The plan also sets eligibility criteria, resettlement instruments, monitoring arrangements and other provisions. 1.3 Project Location and Description Zeway-Arsi Negele section (Lot-3) of the Modjo-Hawassa project is entirely located in the Oromia Regional State in the south-central part of the Country5. The project is designed to a 4-lane dual carriageway highway with area separated median 9.0-meter width and will have controlled access with separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centers. Lot-3 Zeway-Arsi Negele section has a total length of 57.1 km. The route starts west side of Zeway town at km 92.896 and ends at km 149.950 around 9 km before Arsi Negele town.
5 Figure 1-1: Project Location Map
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The Modjo-Hawassa road is financed by the Government of Ethiopia and four external financiers, the African Development Bank (AfDB), China EXIM Bank, the Korea EXIM Bank and the World Bank, each supporting a discrete section of the road. The World Bank will be responsible for the safeguard compliance of the road section financing, from Zeway to Arsi Negele. The ESIA and RAP prepared for the section to be financed by the World Bank are being reviewed by the Bank safeguards team to confirm consistency with the Bank's safeguard policy. In order to ensure project sustainability and address the overall safeguard issues, the World Bank safeguards team has reviewed the ESIAs and RAPs prepared for the other three sections and provided recommendations to ERA to make these instruments consistent with the Bank’s policy.
Zeway-Arsi Negele section is located on flat and rolling terrain through which the road alignment traverses at an elevation between 1590 meters and 1790 meters above sea level with a topographic difference on average of 200 meters. The terrain is mostly flat lying to rolling with hilly section at the end of the project. The road corridor traverses two woredas that are located in two administrative zones of Oromia National Regional State (ONRS). The two woredas crossed are Adami Tulu Jido Kombolicha and Arsi Negele. Table below shows administrative zones and woredas crossed and its area in km2.
Table 1- 1: Project Woredas Administrative Zone Woreda Area (Km2)
East Shewa Adami Tulu Jido Kombolicha 1,269
West Arsi Arsi Negele 1,400
1.4 Scope of the RAP Scope of this updated RAP is limited to study the specific impacts of the project along the road segment from km 130+965 to km 149+950, which is the third priority area for the actual road construction within the ROW limit. The scope looks as follows: - Review and update the earlier concept design stage RAP (2015) - Review of the existing policy, legal and institutional framework of the government and the financer - Undertake site visits to the project sites and communities in the RoW. The Contractor expected to verify the information provided in the safeguard’s instruments (RAP, ESIA) against on-site observation. The verification process considers all pertinent safeguarding issues that are necessary to achieve the objectives including checking the existing conditions of the road in accordance with the document prepared by the concept design consultant; carry out consultation with selected groups of the society which includes project affected persons, local administrations (Zonal, woreda and kebele) and communities along the road, active NGOs, religious leaders, government leaders and elders;
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First checking the existing conditions of the road in accordance with the document prepared by the concept design consultant; Secondly, to carry out consultation with selected groups of the society which includes project affected persons, local administrations (Zonal, Wereda and Kebele) and communities along the road, active NGOs, religious leaders, government leaders and elders; During the consultation, the contractor shall identify or check the presence of replacement land for land take or any arrangement made for the Households (HH) who will lose their housing, etc. Special arrangement made for disabled and Women heads of HH; The contractor shall remind the local administration about the revised cut of date; Look at the design and check how to integrate environmental concerns/matters into design and The contractor shall review and update RAP of the project under consideration based on the field observation and as per the World Bank requirement and policy.
Geographic scope of the updated RAP for the road section from Km 130+965 to Km 149+950 is found under five kebeles within Arsi Negele woreda. The five kebeles falling within this specified segment are Daka Hora Kolo, Dakadalu-Harengema, Hada Boso, Gubata Arjo and Galef-Kelo). The length of the road segment is 18.935km long with 90m ROW width. This updated RAP document for the above captioned segment of the road is to be used in reference with the already approved RAP in 2015. 1.5 Objectives of the RAP The objectives of the RAP is to minimizes the risks by avoiding displacement of people without a well- designed compensation procedures and relocation plan; establishes compensation measures for losses incurred and it also highlights the livelihood and income restoration measures and resettlement assistance.
The specific objectives of the RAP include:
- Review of the existing policies and development strategies, legal and institutional frameworks pertaining to the project, - Carryout public consultation to create awareness and incorporate the views and concerns of the PAPs, local community and other key stakeholders regarding the potential social benefits and risks occurring from the construction of the project road, - Define eligibility criteria for identification of Project Affected Persons and entitlements - Conduct survey to identify affected households, properties and assets, and estimate compensation costs based on the principle of replacement cost; - Provide mitigation for all project Impacts - Identify and prepare appropriate mitigation plan for potential social adverse impacts of the project; - Safeguard the rights and livelihood of vulnerable affected persons though special assistance and considerations during resettlement.
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- Establishing the most appropriate social development and monitoring framework, that will ensure the reinforcement of mitigation as well as benefit enhancement measures. This updated RAP is extracted from the main updated RAP for the priority road section (from Km 130+965 to Km 149+950).
1.6 Approach and Methodology The general approach in preparing the RAP follows a participatory one where a range of relevant stakeholder participated in various consultation sessions and forwarded their opinion in relation to land acquisition, forms of compensation, public participation, livelihood support, grievance redress mechanism etc. Besides, the approach follows with strong reference to the applicable legislation of the national government and safeguard policies of the financer. In specific terms, the following tools have been used to generate the required data and information:
. Review of national policies, strategies, legislations and guidelines, . Review of data and information from secondary sources, . Detailed field investigations along the entire section of the proposed road alignment, . Baseline data collection of project affected persons and identification of affected properties and assets. . Conduct socio-economic profile of the project affected households situated in the road segment from km 130+965-km 149+950. . Survey socio-economic condition of those physically and economically displaced households in the project area of influence. . Conducting consultations with project affected persons, local population and with key stakeholders in the project area. . The identification and assessment of potential social impacts includes short and long-term, direct and indirect, as well as positive and negative impacts. The significance, and hence acceptability of potential impacts has been determined by the evaluation of the assessed impacts against socio – economic standards, public opinion, and expert judgment. . During the site assessment, socio economic survey (household survey) and field level data and information were gathered. Socio-economic survey was also complemented by a Social Impact Assessment that includes the processes of analyzing, monitoring and managing the intended and unintended social consequences, both positive and negative, of the project and any social change processes invoked by the project interventions, with the primary purpose of bringing about a more sustainable and equitable biophysical and human environment.
The preparation and content of this RAP is within Ethiopia‟s existing legal and administrative framework and World Bank’s policy on involuntary resettlement (OP4.12). In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia (FDRE) law and that of the WB Policy, the Bank policy will prevail as the final.
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2 SOCIO-ECONOMIC BACKGROUND OF THE PROJECT ROAD
2.1 Geographic and Administrative Location Lot-3 (Zeway-Arsi Negele section) of the Modjo-Hawassa project is entirely located in the south central part of Ethiopia within Oromia Region. The road corridor traverses two woredas (Adami Tulu Jido Kombolcha and Arsi Negele) that are located in two administrative zones of the Oromia Regional State (ONRS). Lot- 3 of the Modjo-Hawassa project road is located on flat and rolling terrain through which the road alignment passes through an elevation ranging from 1590 masl to 1790 meters masl, with a topographic difference of 200 meters on average. The terrain of the road corridor is classified mostly flat to rolling with hilly section at the end of the project.
The project is designed to a four-lane dual carriageway with 9.0 meter median and drainage ditches and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centers. Lot-3 Zeway-Arsi Negele section has a total length of 57.1 km. The route starts west side of Zeway town at km 92.896 and ends at km 150 before the town of Arsi Negele. The road segment from km 130+965-km 149+950, which is the concern of this updated RAP, is located in Arsi Negele woreda and traverses through five kebeles, namely Daka Hora Kolo, Dakadalu-Harengema, Hada Boso, Gubata Arjo and Galef-Kelo.). The length of the road segment is 18.935km with 90m width. 2.2 Demographic Characteristics 2.2.1 Population in the Project Area
According to Central Statistical Agency (CSA) Population projection of Ethiopia for all regions at woreda level from 2014-2017, the total population in the two project woredas including Zeway town woreda is estimated to be 605,937people; the majorities (69%) lives in the rural areas. Tables below provide data on population size of woredas by place of residence and sex. Table 2- 1: Population of woredas along the project road (2017)
Urban + Rural Urban Rural Woreda M+F M F M+F M F M+F M F Adami Tulu Jido 257,434 130,493 126,941 104,197 53,994.0 50,203 153,237 76,499 76,738 Kombolcha Arsi Negele 348,503 171,845 176,658 83,187 40,929 42,258 265,316 130,916 134,400 Total Project 605,937 302,338 303,599 187,384 94,923 92,461 418,553 207415 211,138 Area Source: CSA Projected population for 2014-2017.
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2.2.2 Sex Composition
The sex ratio of the two project woredas indicates a balanced proportion of male/female population. The distribution of sex ratio among the woredas urban areas ranges from 48% to 51% female / male to total population ratio while nearly evenly distributed in the rural areas. 2.2.3 Urban Area Population
There are seven towns located within the project corridor in the two project woredas. As per the CSA projection mentioned above, the total population of the towns reported to be 187,384 people (94,923 males and 92,461 female). Table 2-2 shows the population residing in the towns traversed by the project road.
Table 2- 2: Population data of towns along the project road
Name of Woreda/Town Population Projection Both sex Adami Tulu Jido Kombolcha-Woreda (Abomsa, Adami Tulu, 104,197 Bulbula, Jido towns and Zeway townn) Arsi Negele-Woreda (Arsi Negele and Dole towns) 83,187 Total Project Area Urban Population 187,384 Source: Compiled data CSA Projection (2017) 2.2.4 Population Density
The population density along the project road ranges between 203 to 249 persons per square km in Adami Tulu Jido Kombolcha and Arsi Negele woredas respectively as shown in Table 2-3. Table 2- 3: Crude Population Density for woredas along the project road Woreda Area Sq. km Population Density per km sq Adami Tulu Jido Kombolcha 1,269 257,434 203 Arsi Negele 1,400 348,503 249 Source: Compiled data obtained from each woreda (2017)
2.2.5 Ethnic Composition
The Ethnic composition of the two project woredas shows that the majorities belong to Oromo ethnic group with Affan Oromo as their language. In East Shewa and West Arsi administrative zones the majorities (73% and 88% respectively) of the population belong to the Oromo ethnic group followed by the Amhara population (15% and 4%); there are also other ethnic groups with diverse size mainly concentrated in towns. Other ethnic groups form 12% and 8% of the East Shewa zone and West Arsi zone respectively.
2.2.6 Language
Affan Oromo is the main language and that is widely spoken by the majority population residing in the East Shewa and West Arsi administrative zones (69% and 87% respectively) followed by
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Amharic (31% and 13% respectively). Affan Oromo is the working language of the Regional State and that of the two project woredas traversed by the project road. 2.2.7 Household Size
The average household size in the affected woredas is 4.4 persons per household; in urban 3.7 and in rural 5.1, which implies higher number of family size living on small scale peasant farming. 2.2.8 Age Distribution The age structure shows high proportion of young population, which reflects high fertility rate. Population below 15 years makes up 43% while persons above 64 constitute 3.5%. The proportion of population aged 15 to 64 is 53.5%. 2.2.9 Dependency Ratio The woredas’ socio-economic profile report indicated that the age structure of the population in the project area implies a high level of dependency. 44.5% of the population is child and old age, while 55.5% falls in active working age6. 2.2.10 Unemployment Rate According to the 2007 Population and Housing Census, the term economic activity status refers to persons aged ten years and over who were available to be engaged in the production of economic goods and services during a given reference period, while those who were neither engaged nor available to be engaged in the production of economic goods and services during a given reference period were considered as economically non-active. The average unemployment rate in the Oromia Region for the year 2015(CSA National Labour Force Report 2015), is 13.6% for urban and 1.5% for rural area, while the national level unemployment rate is 16.5 % for urban and 2% for rural. Project influence area is estimated to be 1% for rural and 8% in urban areas. In towns like Zeway and Arsi Negele high unemployment is still a problem for youngsters. The ongoing road Project is expected to have its own bearing in alleviating the problem across all its corridors. The Project in its peak expected to create more than 1222 jobs of different categories. 2.3 Education Data on school enrolment shows high rates of success for primary level education. In the year 2016 the net enrolment rate in the project woredas was 74.2% and 41.25 for primary school in Adami Tulu and Arsi Negele respectively; and 76.1% and 9.3% for high school. Table 2- 4: No. of schools and students along the project road Net enrolment ratio Woreda Kindergarten Primary School High school Male Female Total Male Female Total Male Female Total Adami Tulu 6.5 5.8 6.2 73.9 74.6 74.2 76.8 75.4 76.1 Arsi Negele 33.7 31.5 32.6 44.4 38.1 41.25 9.5 9.2 9.3 Source: Compiled data obtained from each woreda (2016)
6 The data is drawn from CSA report 2015
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2.4 Access to Health Institutions In the project affected rural woredas there are 17 health centers, 86 health posts, 27 clinics and 8 rural drugs (refer to Table 2-5). Table 2- 5: Health Institutions in the Project Affected Woredas Woreda Health Heal Post Clinics Rural Drug store Health Heal center center Post Adami Tulu, 8 43 15 1 8 43 Kombolcha Arsi Negele 9 43 13 7 9 43 Total 17 86 27 8 17 86 Source: Woreda socio economic profile (2016)
Table 2- 6: Health Personnel in the Project Affected Woredas Health Health Lab Pharmacy Woreda Nurses extension Sanitarians Total Officer technicians technicians workers Adami Tulu 13 0 92 9 52 13 179 Arsi Negele 69 5 88 13 10 2 187 Total 82 5 180 22 62 15 366 Population to 2,280 37,399 1,038 8,499 3,016 12,466 personnel ratio Source: Compiled data obtained from each woreda (2016)
2.5 Access to Water Sources Though the reported data shows improvement of access to potable water supply, most parts of the project corridor still exhibits limited safe water supply to the majorities of the inhabitants, In the rural households, access to clean water supply ranging from 84% to 87% (see Table 2-7). Access to unsafe and open water supply sources is also difficult due to significant seasonal variation of the supplies from rivers and boreholes. In relative terms, the major town centers reported to have better access to potable water; Zeway, Bulbula and Arsi Negele towns have piped water schemes.
Table 2- 7:Rural Water Supply Coverage in the Project Affected Weredas Woreda Coverage (%) Adami Tulu 87.2 Arsi Negele 84.40 Source: Compiled data obtained from each wereda (2016) 2.6 Road Network The road network in the two woredas’ crossed by the project road shows 102 km of Asphalt road, 951 km of all-weather road and 237 km of dry weather road. The road length for each woreda by road type is presented in Table 2-8 Table 2- 8: Road Network in the Project Affected Woredas (km) Woredas Asphalt All Weather Dry Weather Adami Tulu Jido Kombolcha 59 692 136 Arsi Negele 43 259 101 Total 102 951 237 Source: Compiled data obtained from each woreda (2016)
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2.7 Economic Activities
2.7.1 Agriculture
Agriculture is the major livelihood of the project affected woredas. Its economy is based on mixed farming where livestock raising the main livelihood activity. It produces different type of crops such as cereals, oilseeds, pulses and others.
Almost all the agricultural production in the project area is rain-fed and single season cropping is practiced. Land preparation is carried out by oxen drawing, sowing of most crops is by broadcasting seed, and subsequent cultivation is all done by hand. The farmers mostly grow combinations of crops mainly consisting in cereals, pulses and oil crops in order to achieve food self-sufficiency.
2.7.2 Livestock Livestock is an integral part of the farming system in the project area and are economically complementary to crop production. It provides fertilizer for crops and, to a lesser degree, it supplies milk, meat, cash income and serve as an investment against risk for rural households. In times of famine, livestock is sold to purchase grain. The livestock population in the woredas traversed by the project road is shown in Table 2-9.
The official animal population estimate in the two woredas amounts to about 1.2 million, of which 455,533cattle, 102,703 sheep, 243,127 goats, 3,779 mules, 73,135 donkeys, 16,701 horses, 318,166 poultry and 24,649 beehives in 2016. This livestock pattern follows the following order: cattle- poultry- goat-sheep-donkey. 51% of the livestock population is located in Adami Tulu Jido Kombolcha woreda, while 49% is located in Arsi Negele woreda.
Table 2- 9: Livestock Population in the Project Affected Woredas
Woreda Cattle Sheep Goat Mule Donkey Horse Poultry Beehive Adami Tulu 214,075 36,750 117,040 2,130 33,200 1,790 214,075 10,900 Arsi Negele 241458 65,953 126,087 1,649 39935 14,911 10,4091 13,749 Total 455,533 102,703 243,127 3,779 73,135 16,701 318,166 24,649 Source: Compiled data obtained from each woreda (2016)
2.8 Vulnerability The types of vulnerability prevalent in the country including agricultural vulnerability or poverty, epidemic (like HIV/AIDS), disability, demographic (old age gender) and socio-cultural marginality, also dominant in the project area. The entire road corridor is suitable for crop production, livestock and fishery development at large. Large portion of the corridor is categorized as arable land. Nevertheless, drought recurrence is reported to be frequent and vulnerability for shocks and food insecurity affect huge number of inhabitants. Currently, both project Weredas (Adami Tulu and Arsi Negele) are under the national Productive Safety Net Program (PSNP) which is a GOE program supported by the World Bank and other Development Partners where households with chronic poverty are entitled for direct cash and cash-for-work support. Currently, 26 kebeles, out of 47, in Adami Tulu Wereda are under the PSNP scheme; a total of 23,799 people residing in 7,352
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households are involved in the PSNP program to sustain their subsistence life. Similarly, in Arsi Negele 26,330 individuals living in 5,937 families are entitled for the PSNP benefits Resilience to shocks is unsteady as frequency of draught drains the meager resources of affected families. Besides, the role of irrigation is quite minimal (only 2.8 % of the arable land in Adami Tulu is under irrigation) to counter the excessive and unreliable dependence on rain-fed agriculture.
Apart from such food security related vulnerability in the area, the gender-specific challenges of women’s involvement in agricultural activities are largely unequal (particularly, lack of access to credit, inputs, information and training; time poverty due to domestic and care activities; lack of ownership and access to productive assets; discrimination in the labor market (World Bank, 2007). With the introduction of the road infrastructure works, the situation of vulnerable groups may potentially be adversely affected unless carefully managed.
As part of a livelihood’s restoration needs assessment, the vulnerable households and people will be identified and targeted based on the scope of impact induced by land acquisition and related livelihoods loss.
2.9 Gender-Based Violence /GBV/ The issue of GBV or any form of violence against women remains to be one major challenge in harnessing full potential of women for development interventions. Women and girls face physical, emotional, and sexual abuses that undermine their health and ability to earn a living; disrupt their social systems and relationships; and rob them of their childhood and education. According to the 2016 Ethiopia Demographic and Health Survey (EDHS), rural women are somewhat more likely (24%) than urban women (21%) to have experienced physical violence starting at the age of 15. This state of affair is not different for Oromia region in general and project influence area in particular. The same source reveals that 28% of women experiencing physical violence in the region. The situation worsens by the fact that it is not common for women who have experienced physical and sexual violence to seek help from service providers such as lawyers, doctors/medical personnel, and social work organizations: only 2%-3% have ever sought help from each of these sources.
For the Modjo-Hawassa Expressway Road development Project and particularly for Lot-III, an agreement is reached between ERA and the financing partners that the gender mainstreaming tasks to be incorporated within the HIV/AIDS prevention sub-contract.
A Terms of Reference has already been prepared to prevent GBV and related risks in every aspect of the road project undertaking. Gender specialist will be assigned to perform the gender mainstreaming tasks in general and GBV in particular. A project specific GBV risk assessment to be undertaken and a GBV action plan will be prepared based on the results. There is an independent safeguards monitoring consulting firm for all the four Lots, which will also be looking into the GBV related issues.
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3 POLICY AND LEGAL FRAMEWORK
This chapter reviews pertinent policies, proclamations and guidelines of the country and the financers as references for the entire RAP preparation and implementation processes. 3.1 Environmental Policy of Ethiopia The Environmental Policy of the Federal Democratic Republic of Ethiopia was approved by the Council of Ministers in April 1997. Its overall policy goal can be summarized in terms of the improvement and enhancement of the health and quality of life of all Ethiopians and the promotion of sustainable social and economic development through the adoption of sound environmental management principles. The policy is integrated with the overall long-term strategy of the country - agricultural led industrialization and other key national policies. It sets out its specific objectives and key guiding principles, contains sectoral and cross-sectoral policies and provisions necessary for the appropriate implementation of the Policy itself.
With respect to environmental impact assessment (EIA) the Policy sets out specific policies, key elements of the policy are summarized hereunder;
. The need to address social, socio-economic, political and cultural impacts in addition to physical and biological impacts and to integrate public consultation within the EIA procedures.
. Incorporation of impact containment measures into the design process of public and private sector development projects and inclusion into EIA of mitigation measures and accident contingency plans.
. Development of detailed technical and sectoral guidelines for EIA and environmental auditing.
. Establishment of an interlinked legal and institutional framework for the EIA process to ensure that development projects are subjected to environmental impact assessment, audit and approval in a coordinated manner.
. Development of EIA and environmental auditing capacity within the Environmental Protection Authority, sectoral ministries and agencies as well as regions.
The Policy has been developed as a national instrument enhancing the objectives of the Constitution and setting out clear-cut directions with respect to environmental concerns particularly in terms of regulatory measures adopted as well as in the process of design, implementation and operation of development projects. Its recognition of the significance of addressing cross-sectoral environmental issues in the context of a national approach to environmental assessment and management integrates the efforts of a wide range of institutions across the country. It provides a sound and rational basis for addressing the country’s environmental problems in a coordinated manner.
3.2 Land Ownership Policy in Ethiopia Land in Ethiopia is a public property and that no individual person has the legal right of ownership, and hence, rural or urban land could not be sold or mortgaged or transferred; citizens have usufruct right only over land. A usufruct right gives the user of the land the right to use and the right to benefit from
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the fruits of her/his labor, which may be crops, trees, etc. found on the land or any permanent works such as buildings etc. In Ethiopia, land ownership is basically a constitutional issue.
According to the Constitution of Federal Democratic Republic of Ethiopia (FDRE) article 40.3, land is a public property that no individual person has the legal right of ownership. There is no private ownership of land in Ethiopia, as per FDRE constitution Article 40 (the Right to property) No.2, “Land is a common property of the Ethiopian Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange”.
The Constitution states that the Government has the right to expropriate private property for public use subject to payment in advance of compensation commensurate to the value of the property. The FDRE Constitution (Article 40, No. 8) states that the Government has the right to expropriate private property for public purposes by providing the appropriate compensation.
FDRE Constitution lays down the basis for the property to be compensated in case of expropriation as a result of State programs or projects in both rural and urban areas. Persons who have lost their land as a result of acquisition of such land for the purpose of public projects are entitled to be compensated to a similar land plus the related costs arising from relocation; assets such as buildings, crops or fruit trees that are part of the land etc.
Hence, Article 40 No.7 FDRE Constitution states the right of citizens to develop the land and to have immovable property and make permanent improvements. “Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and, where the right use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law”.
Article 40, No. 8 of the Constitution, states that if the land that is used by an individual is expropriated for public use, the person is entitled for compensation; “… the Government has the right to expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of property”.
Regarding displacement of the public due to development projects, the FDRE Constitution of Article 44 (Environmental Rights) No.2 states that:
“All persons who have been displaced or whose livelihoods have been adversely affected as a result of state programs have the right to commensurate monetary or alternative means of compensation, including relocation with adequate state assistance”.
3.3 Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 The Government of FDRE has issued legislation in July 2005 for the expropriation of landholdings, which is known as “Expropriation of Land Holdings for Public Purposes and Payment of Compensation (Proclamation No. 455/2005).” The objectives of the proclamation are to minimize and mitigate the impacts due to the expropriation of landholdings for public purposes.
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mainly rests on woreda or urban administration authorities. Article 3 No.1 of the proclamation states that: “A woreda or an urban administration shall, upon payment in advance of compensation in accordance with this proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.”
A land holder whose land has been expropriated for public use by the concerned government authorities is entitled for compensation for his property situated on the land and for the permanent improvements he made on the land.
The amount compensation to be paid for the property situated on the expropriated land will be determined or calculated on the basis of full replacement cost. For houses in urban areas, the amount of compensation will not be less than the current market value of construction.
Woreda or urban administration once received details on land acquisition for the construction works from ERA has to notify in writing to the entity (which is either an individual or an organization) to be expropriated indicating the time not less than 90 days when the land has to be vacated and the amount of compensation to be paid. The PAPs once notified will be immediately compensated for lost assets and properties prior to their relocation or vacating the land.
A rural land holder, where his land does not have any crop or other property on the expropriated land should hand over within 30 days.
The proclamation also clarifies how utility lines that are owned and provided by Federal or Regional government offices, or by a public enterprise should be treated and compensated. Utility lines could only be removed from expropriated land by payment of compensation. The project owner has the responsibility to inform the utility provider in writing by indicating the exact location of the lines that will be removed.
The utility provider is responsible in determining the amount compensation which is required for replacing the lines within 30 days of notice; and the body which requested the removal of utility line has also to pay compensation within 30 days from the date of the receipt of the valuation.
Any expropriated property; in addition to the amount of compensation payment it will also receive a provision for cost of removal, transportation and erection.
Concerning displacement compensation for rural land holdings; A rural landholder whose land holding has been permanently expropriated shall, also be paid displacement compensation equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land (Part 3, article 8).
The above proclamation also states that the valuation of property shall be determined on the basis of valuation formula to be adopted at national level by the Ministry of Federal Affairs. However, until such time valuation of properties will be carried out by property valuation committees to be established both in rural and urban areas as stated in article 10 of the proclamation.
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3.4 FDRE Council of Ministers Regulation No. 135/2007 FDRE Council of ministers issued a regulation on July 2007, regarding the payment of compensation for property situated on land holdings expropriated for public purposes. The regulation provides the basis for compensation of affected properties and to assist the displaced or affected persons to restore their livelihood.
The regulation sets the methods for the assessment of compensation, provision of land for land replacement and payment of displacement compensation.
The methodology followed by the regulation for the assessment of compensation establishes the basis and formula for compensation that will be made for the different types of assets and categorizes into ten parts.
The regulation recognizes that land replacement should be made for urban and rural lands. In rural areas if land replacement is not possible for permanently affected land, PAPs will be compensated for the affected perennial crops ten times of the annual production. For temporary impact the amount of compensation will be calculated by the number of years the land is occupied by the project.
3.5 Proclamation on Rural Land Administration and Land Use This Proclamation, Proc. No. 456/2005, came into effect in July 2005. The objective of the Proclamation is to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure.
Ministry of Agriculture is charged with the responsibility of executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law.
According the Proclamation where land which has already been registered is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc.
3.6 Proclamation on Research and Conservation of Cultural Heritage Proclamation No. 209/2000 provides legal framework for Research and Conservation of Cultural Heritage. The Proclamation establishes the Authority for Research and Conservation of Cultural Heritage (ARCCH) as a government institution with a juridical personality. In addition, it has provisions for management, exploration, discovery and study of Cultural Heritage and miscellaneous provisions.
The Proclamation defines the objectives, powers and duties of the Authority (ARCCH. It also has provisions on Management of Cultural Heritage. Among these are provisions on Ownership and Duties of Owners, Classification, Registration, Conservation and Restoration, Removal, the Use, and
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Expropriation of Cultural Heritage, Preservation of Cultural Heritage Situated on Land given in Usufruct, and Establishment of Museum.
Furthermore, the Proclamation provides Articles on Exploration, Discovery and Study of Cultural Heritage. Article 41 is on Fortuitous Discovery of Cultural Heritage and Sub-Article (1) states that, any person who discovers any Cultural Heritage in the course of an excavation connected to mining explorations, building works, road construction or other similar activities or in the course of any other fortuitous event, shall forthwith report same to the Authority and shall protect and keep same intact, until the Authority (ARCCH) takes delivery thereof. Connected to this, Sub-Article (2) states that, the Authority shall, upon receipt of a report submitted pursuant to Sub-Article (1) hereof, take all appropriate measures to examine, take delivery of and register the Cultural Heritage so discovered.
Under Miscellaneous Provisions, the Proclamation states that, any person who holds permit to conduct construction works in a reserved area [an area declared to be containing an assemblage of immovable Cultural Heritage or an archaeological site] and who discovers Cultural Heritage in the course of construction activities shall stop construction and shall forthwith report same in writing to the Authority. 3.7 National HIV/AIDS Policy The HIV/AIDS pandemic is spreading worldwide and heating hard poor countries mainly. Sub Saharan Africa, with only 10% of the world population is having 80% of the world HIV infection and AIDS cases.
Among the Sub Saharan African countries, Ethiopia is one of the countries that is facing HIV/AIDS pandemics, and HIV/AIDS is no more a health problem alone, it is now a challenge to the socio- economic development of the country.
HIV/AIDS surveillance reports also show a steady increase in HIV infections among rural communities in Ethiopia. The movement of people from place to place, either voluntarily or involuntarily contributes to the spread of HIV/AIDS. HIV/AIDS now is no more health or clinical problem only; it has now become a major social and economic problem of a country.
Having understood the magnitude of the problem as well as the huge resource needed to combat HIV/AIDS, the Ethiopian Government issued a policy, which calls for an integrated effort of multi- sectoral response to control the epidemic. The Federal Democratic Republic of Ethiopia published a Policy on HIV/AIDS in 1998. The National HIV/AIDS Policy urges communities at large, including government ministries, local governments and the civil society to assume responsibility for carrying out HIV/AIDS awareness and prevention campaigns.
The general objective of the policy is “to provide an enabling environment for the prevention and control of HIV/AIDS in the country”.
Specific Objectives
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. To promote a broad multi-sectoral response to HIV/AIDS epidemic, coordination of the activities of different sectors and the mobilization of resources for the control of the epidemic . To encourage government sectors, non-governmental organizations, the private sector and communities to take measures in order to alleviate the social and economic impact of HIV/AIDS . To promote proper institutional, home and community-based health care and psychological support for people living with HIV/AIDS, orphans and surviving dependents . To safeguard the human rights of people living with HIV/AIDS and avoid discrimination against them . To promote and encourage researches and studies on HIV/AIDS and make use of the outcomes for preventative, curative and rehabilitative purposes. In 2000, National AIDS Council was established under the Chairmanship of the FDRE President; and in 2002 HIV/AIDS Prevention and Control Office (HAPCO) was established to address the problem.
The policy introduces and outlines the large social, psychological, demographic and economic impact that HIV/AIDS will be having and introduces a number of issues relating to HIV/AIDS. These are:
. That HIV/AIDS is not only a health problem but also a developmental problem, . That gender inequality contributes to the further spread of HIV/AIDS, . That women, including women living with HIV/AIDS, need access to information and services regarding HIV/AIDS and to family planning provision to help them make reproductive choices and decisions, . That the magnitude of the problem will need considerable resources and a multi-sectoral effort to control the HIV/AIDS epidemic, . That there is a need for a holistic approach in the provision of care to people living with HIV/AIDS, . That the human rights of people living with HIV/AIDS needs to be recognized,
. That HIV/AIDS has the potential for catastrophic impact.
3.8 National Policy on Women The National Policy on women was issued in March 1993 emphasizing that all economic and social programs and activities should ensure equal access for both men and women to the country’s resources and in the decision-making process so that women can benefit equally from all activities carried out by the Federal and Regional Institutions. Among the main policy objectives is that laws, regulations, systems, policies and development plans that are issued by the government should ensure the equality of men and women and that special emphasis should be given to the participation of rural women. 3.9 Health Policy Ethiopia’s health policy was issued in 1993, with the aim of giving special attention to women and children, to neglected regions and segments of the population, and to victims of manmade disasters.
The priority areas of the policy are in the field of Information Education and Communication (IEC) of health to create awareness and behavioral change of the society towards health issues, emphasis on the control of communicable disease, epidemics, and on diseases that are related to malnutrition and
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poor living condition, promotion of occupational health and safety, the development of environmental health, rehabilitation of health infrastructures, appropriate health service management system, attention to traditional medicines, carrying out applied health research, provision of essential medicines, and expansion of frontline and middle level health professionals.
The Government in its Growth and Transformation Plan has reaffirmed its commitment to accelerate progress on maternal and child health and to reduce in child and maternal mortality rates by expanding the provision of essential health and nutrition services to the poor.
To translate the health policy into action the Ministry of Health has developed every five year a Health Sector Development Program (HSDP). Currently it is implementing HSDP IV. HSDP lays an emphasis on service delivery and the quality of service, health facility rehabilitation and expansion, human resource development, pharmaceutical services; Information, Education and Communication (IEC), strengthening health sector management and management information system, monitoring, evaluation and research.
3.10 Education and Training Policy Ethiopia’s Education and Training policy (ETP) aims to achieve universal education by the year 2015. The general objective of the policy is to develop physical and mental potential of individuals who can take care of and utilize their resources, to bring up citizens who respect human rights.
The overall strategy of the ETP is to prepare curriculum with the participation of teachers, and other professionals based on the objectives of the policy, and also creating integrated educational research.
The education service in Ethiopia has several problems and some of the serious problems are: low enrolment ratio, failure to serve rural areas and girls, low educational quality, inefficient system, inadequate funding, and weak capacity for planning and management.
The educational structure is divided into kindergarten, primary (2 cycles), secondary (2 cycles), and higher education at diploma and degree levels. It also focuses on non-formal education and diversified technical and vocational training for school leavers from any level of education and provides special training for people with special needs.
The policy also stresses on providing education to children in their mother tongue and developing career structure to teachers of all levels, decentralized management, and finally making available educational finance for students’ of higher education. The policy aims on expanding equitable access to primary and vocational education to meet the demands of the country and economy.
To translate the policy statement into action, the Government has developed Education Sector Development Program (ESDP), which is a 20-year program divided into 5 year program each time. The ESDP was launched in 1997/98. The emphasis of the Sector development program are in improving educational quality and expand access to education with special emphasis to primary education, and promotion of education for girls.
3.11 National Social Protection Policy of Ethiopia National social protection policy of Ethiopia given special attention to segments of the society vulnerable to different social and economic problems, especially, children, women, persons with Updated RAP, Km:130+965 to Km:149+950 Page: 25 SBI International Holding Ag, (Ethiopia).
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disabilities, elderly, labour constrained unable to make earnings, and the unemployed who are living under difficult circumstances. The policy serves as a framework for collaboration and coordination system of social protection in order to provide different services.
The policy document consists of five focus areas. These are: -
i. Promoting productive safety net, ii. promoting and improving employment and livelihood, iii. promoting social insurance, iv. increasing equitable access to basic social services, and v. Providing legal protection and support to those vulnerable to abuse and violence.
The main objectives of the National Social Protection Policy of Ethiopia are the following: . Protect the poor and vulnerable individuals, households, and communities from different natural and manmade adverse effects of shocks, . Establish social insurance system and increase its scope, . Increase access to equitable and quality health, education and social welfare . services to build human capital; . Expand and guarantee employment for the vulnerable to unemployment; . Enhance employment guarantee for the segments of society under social problems through promoting employment opportunities, . Ensure that the society at all levels play roles for the implementation of the policy, The following target groups are given due emphasis in the policy: . Children under difficult circumstances, . Vulnerable pregnant and lactating women, . Vulnerable people with disabilities and people with mental health problems, . Elderly with no care and support, . Labor constrained citizens unable to get basic social and economic services, . victims of social problems such as beggars, commercial sex workers, drug and medicine addicted, . Citizens affected by HIV and AIDS and other chronic diseases that constrain their ability to work, . Segments of the society vulnerable to violence and abuse, . Segments of the society vulnerable to natural and manmade risks, . Unemployed citizens, . Citizens engaged in the informal sector and who have not social insurance coverage, . Victims of human trafficking and repatriated emigrants.
3.12 Labor Proclamation No 377/2003 The preamble of this Proclamation states that it is essential to ensure that worker-employer relation is governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round development of the Country. The Proclamation has strong relevance to the road project under consideration. Especially, articles related to women and young employments have to be taken into account while employing these categories of people into the Project. Part six, chapter 1 and 2 need to be heeded strongly while engaging women and young force. The provisions listed in these two chapters of the Proclamation
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emphasis women’s specific needs, minimum age for employment, etc. which should be given utmost consideration. Specifically, the law defined that “young worker” means a person who has the age of 14 but is not over age of 18 years. The law prohibited to employ persons under 14 years of age. It also prohibited employing young workers which on account of its nature or due to the condition in which it is carried out damages the life or health of the young worker performing the work.
The law also defined that normal hours of work for young workers shall not exceed seven hours a day and it also prohibited to employ young workers on night work between 10 pm and 6am and overtime work, weekly rest day or on public holidays.
Hence, the issue of child labor abuse should be avoided in line with these national legal provisions.
3.13 ERA'S Resettlement/Rehabilitation Policy Framework Apart from the broad policy frameworks at national level, the main reference behind the preparation of a Resettlement Action Plan (RAP) is ERA’s guiding principles as stipulated in its Resettlement and Rehabilitation Policy Framework. The principles in the framework are adopted basically from the World Bank’s policy on resettlement and rehabilitation.
A threshold has been set whether or not to proceed with a detail RAP once a social screening is done on any proposed road development project. Road development that entails the relocation of more than 200 individuals or about 40 households is expected to draw up a detailed resettlement action plan. Those road projects that would displace less than 200 individuals are not expected to come up with a detailed/full scale RAP and instead appropriate compensation measures for lost assets, arrangements for logistical support and a relocation grant have to be determined.
The Resettlement/Rehabilitation Policy Framework clarifies the principles of social impact mitigation in the process of addressing social impacts induced by project operations. It provides guidelines to stakeholders participating in the rehabilitation/resettlement operations to ensure that project affected persons (PAPs) will not be impoverished by the adverse social impacts. The basic principles imply that PAPs should be compensated for loss of assets at replacement costs; be given opportunities to share project benefits and be assisted in case of relocation or resettlement. Focus is on restoring the income earning capacity of the affected persons by improving or at least sustaining the living conditions prior to project operations or to resettlement.
The policy framework sufficiently places emphasis both on the compensation issues and the process required for the implementation of resettlement/ displacement. According to this policy framework a resettlement action plan (RAP) needs to be prepared only if the project affects more than 200 persons.
The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual on involuntary resettlement applied in determining eligible persons for compensation. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled landholders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation.
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All PAP losing farmland, buildings/houses, businesses or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost.
3.14 Ethiopian Roads Authority Policy for HIV/AIDS The transport and construction sectors are among the most the susceptible sectors for the spread of HIV/AIDS. It is due to this that ERA has issued a policy for HIV/AIDS in the workplaces and a three- year strategic work plan for HIV/AIDS prevention and control in June 2004. The policy acknowledges that HIV/AIDS pandemic is a reality in the workplace, which may have detrimental effects on its work force. The policy is prepared with the objective of developing and implementing an effective workplace programmed.
Some of the objectives of ERA’s HIV/AIDS policy are to create awareness among its employees and promote effective ways to managing HIV/AIDS, and to create supportive environment for those affected.
The principles of the policy are to ensure that employees living with HIV/AIDS have the same rights and obligations; to avoid discrimination and stigmatization of employees with HIV/AIDS to receive equal treatment; seek to minimize the social, economic and developmental consequences, provide support, counseling and educational services to infected and affected employees; establish and maintain an employee assistance programmed, and ensure sustainable resources for the prevention and control.
3.15 World Bank Operational Policy on Involuntary Resettlement (Op) 4.12) World Bank Operational Policy describes:
. Bank policy and procedures on involuntary resettlement as well as the conditions that borrowers are expected to meet in operation involving involuntary resettlement
. Planning and financing resettlement components or free-standing projects are an integral part of preparation for projects that cause involuntary displacement.
. Any operation that involves land acquisition or is a category A or B project resettlement requirements early in the project cycle.
Development projects that displaces people involuntarily generally give rise to economic, social and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for recourses greater; community structures and social networks are weakened kin groups are dispersed, cultural identity, traditional authority and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment and environmental damage unless appropriate measures are carefully planned and carried out.
The World Bank’s requirements regarding involuntary resettlement are detailed in Operational Policy 4.12. The Policy outlines the following principles:
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. Acquisition of land and other assets and resettlement of people will be minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operational and engineering solutions that have the least impact on populations in the Project area.
. The populations affected by the Project are defined as those who may stand to lose as a consequence of the Project, all or part of their physical and non-physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships and other losses that may be identified during the process of resettlement planning.
. All PAPs who will be identified in the project impacted areas as of the date of the updated census and inventory of losses, will be entitled to be compensated for their lost assets, incomes and businesses at full replacement cost and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels.
. All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing and any such factors that may discriminate against achieving the objectives outlined above.
The rehabilitation measures to be provided are:
. Cash compensation for houses and other structures at replacement cost of materials and labor without deduction for depreciation or salvageable materials.
. Full title to replacement agricultural land for land of an equal productive capacity acceptable to the PAP.
. Full title to replacement residential and commercial land of equal size acceptable to the PAP or at the informed decision of the PAP, cash for replacement land at replacement cost at current market value.
. Cash compensation for crops and trees at current market value and Relocation allowances and rehabilitation assistance.
. Sufficient time will be allowed for replacement structures to be built before construction begins.
. Affected land from the construction of access routes or earth-moving activities will be restored to pre-project condition.
. The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place and all encumbrances removed before the respective Governments and World Bank will approve commencement of civil works for that contract area.
. Adequate budget support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period.
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. Special measures shall be incorporated in the RAP and complementary mitigation and enhancement activities to protect socially and economically vulnerable groups such as women- headed families, children and elderly people without support structures and people living in extreme poverty.
. Grievance procedures shall be established and put in place and PAPs needs to inform of them before any resettlement activities begin. . Details of the RAP shall be distributed to the PAPs by the Client and placed in relevant stakeholder offices for the reference of PAPs as well any interested groups.
. Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system and an external monitor hired before commencement of any resettlement activities.
Comparisons of the National Legal Provisions with that of the World Bank Operational Policies are presented in table below. Where there is a difference between national law and OP 4.12, the later shall prevails.
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Table 3- 1: Comparison of Ethiopian Legislation and World Bank’s Operational Policy (OP 4.12) Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
World bank OP4.12 has overall policy Proclamation No 455/2005 (Article The World Bank requirement for avoidance or objectives, requiring that: 3(1)) gives power to woreda or Proclamation No 455/2005 urban administrations to allows for some form of Involuntary resettlement should be “expropriate rural or urban support to the displaced avoided wherever possible, or landholdings for public purpose persons, it does not explicitly minimized, exploring all alternatives. where it believes that it should be state that livelihoods should used for a better development…” be restored to previous levels Resettlement program should be This is supported by Article 51(5) or improved. Lawful sustainable, include meaningful and Article 40(8) of the 1995 possession of the land, and as World Band OP 4.12 consultation with affected parties Constitution. per Proclamation No 456, overall objectives shall be Policy and provide benefits to the affected those with traditional applied to avoiding or parties Proclamation No 455/2005 (Article possession i.e. Communal minimizing involuntary Objectives Displaced persons should be 7(5) states that” the cost of lands. It therefore does not resettlement to ensure assisted in improving livelihoods etc., removal, transportation and recognize those without a resettlement program is or at least restoring them to erection shall be paid as legal right or claim as eligible sustainable and includes previous levels Those who do not compensation for a property that for compensation. meaningful consultation. have formal legal rights to land, but could be relocated and continue to have a claim to such land; and serves as before.” individual, Those who do not have recognizable government or private legal right or claim to the land organization or any other organ which has legal personality and have lawful possession over the land to be expropriated and owns property
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Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
situated thereon” Article 10 of World Bank OP4.12 Article 4 of Proclamation No There is a gap in Proclamation requires that the resettlement 455/2005 requires notification in No 455 /2005 to allow land to activities associated with a sub writing, with details of timing and be expropriated before projects are linked to the compensation, which cannot be necessary measures for implementation of development less than 90 days from notification. resettlement takes program to ensure displacement or It requires that land should be place, particularly before the restriction of access does not occur handed over within 90 days of displaced person has been Displaced person Notification before necessary measures for payment of compensation paid. should always be paid period/ timing resettlement are in place. In payments. If there is no crop or This can have serious compensation and of particular, taking of land and related other property on the land, consequences for those support before the land displacement assets may take place only after affected, as they may be is handed over, as per compensation has been paid, and, it must be handed over within 30 displaced World Bank OP4.12. where applicable, resettlement sites days of notice of expropriation. It without shelter or livelihood. and moving allowances have been further gives power to seize the Displaced person should provided to displaced persons. land through police force should always be paid compensation the landholder be unwilling to and support before the land is hand over the land. handed over, as per World Bank OP4.12. World Bank OP4.12 gives eligibility Proclamation No 455/2005, Article According to World Bank The requirements of to: 7(1) allows’ landholders’ to be OP4.12, eligibility for World Bank OP4.12, as Eligibility for eligible for compensation, where compensation is granted to described in Column 2 Compensation - Those who have formal legal the term “landholder” (Article2(3) “affected parties. Ethiopian of this table, expected rights to the land; means” and individual, Legislation only grants to be applied, - Those who do not have formal government or private compensation to those with legal rights to land, but have a organization or any other lawful possession of the land,
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Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
claim to such land; and organ which has legal personality and as per Proclamation No - Those who do not have and have lawful possession over 456, those with traditional recognizable legal right or claim the land to be expropriated and possession i.e. Communal to the land owns property situated thereon” lands. It therefore does not recognize those without a legal right or claim as eligible for compensation. World Bank OP4.12 Article 6(a) Article 7 of Proclamation No. The World Bank requirement The World Bank requires that displaced persons are 455/2005 entitles the landholder to for compensation and requirements for provided with prompt and effective compensation for the property on valuation of assets it that compensation must be compensation at full replacement the land on the basis of compensation and relocation followed, as per OP 4.12 cost for losses of assets attributable replacement cost; and permanent must result in the affected footnote 1, which states, directly to the project. If physical improvements to the land, equal to person must have property “Where domestic law relocation is an impact, displaced the value of capital and labour and a livelihood returned to does not meet the persons must be provided with expended. them to at least equivalent standard of assistance during relocation and Where property is on urban land, standards as before. This is not compensation at full Compensation residential housing, housing sites and compensation may not be less clearly stated in local replacement cost, /or agricultural sites to at least than constructing a single room Proclamations. It is expected compensation under equivalent standards as the previous low cost house as per the region in that the regulations and domestic law is site. Replacement cost does not take which it is located. It also requires directives will provide more supplemented by depreciation into account. In term of that the cost of removal, clarity and clearer guidance in additional measures valuing assets. If the residual of the transportation and erection will be this regard. necessary to meet the asset being taken is not economically paid as compensation for a replacement cost viable, relocated property continuing its standard” service as before. Valuation formula are provided in Regulation
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Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
No. 135/2007 According to OP4.12, Article 14 and Article 5 of Proclamation No The process required for the As per the World Bank 18), the borrower is responsible for 455/2005 sets out the project proponent / requirements, project conducting a census and preparing, responsibilities of the implementing agency lacks processes included implementing, and monitoring the implementing agency, requiring descriptive processes in local screening, a census, the appropriate resettlement instrument. them to gather data on the land legislations... development of a plan, Article 24 states that the borrower is needed and works, and to send management of also responsible for adequate this to the appropriate officials for compensation payments monitoring and evaluation of the permission. If also requires them and monitoring and activities set forth in the resettlement to pay compensation to affected evaluation of success. It Responsibilitie instrument. In addition, upon landholders. must also include proper s of the project completion of the project, the consultation with the Authority borrower must undertake an affected parties assessment to determine whether the throughout the process. objectives of the resettlement instrument have been achieved. This must all be done according to the requirements of OP4.12. Article 19 requires that the borrower inform potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. With regard to consultation, Op 4.12 Proclamation 455/2005 subsumed With regard to the inclusive The present RAP has been Inclusive paragraph 6 and 13 and 14 of the the issue of inclusive consultation consultation, setting-cut –off prepared in consideration Consultation WB emphasis the need to inform under Part Two Art 4.1 and 4.2 Date and disclosure, OP 4.1 of all the relevant
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Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
Cut –Off Date , PAPs about their resettlement where PAPs are entitled for prior directly addressed them while provisions from the and Disclosure options and their rights to get timely notification period before the national level national proclamation and of information relevant information, inclusive expropriation of land/asset. No proclamation implicitly OP 4.12. In case of conflict participation in planning, other details provisions on mentioned them as between the Ethiopian implementing and monitoring consultation are seen. requirements. legislation and the WB OP resettlement undertakings. These -No explicit provision is seen on 4.12, the latter will prevail. provisions also state the need for the issue of cut–of- date. On participation by local authorities and census requirements, the NGOs Proclamation in Part Two Article 5.1 indicates the need for The Bank document (OP 4.12 parg collecting detail data on land 14 and 16 clearly indicates the need requirement at least one year for census of PAPs and setting cut- before expropriation of assets. off date as part of setting eligibility In terms of disclosure of for benefits procedure to counter information, the national level encroachment etc. Proclamation, PAPs right to be notified (written) 90 days earlier With regard to disclosure of before the expropriation of assets. resettlement plan, OP 4.12 (parg 22) Besides, the detail data collected in indicates the rational and the earlier stage (at least one year requirements of disclosure of before) and distribute the same for resettlement instrument (the relevant bodies. No other way of manner, medium, etc, of disclosure) disclosure mechanism indicated.
OP 4.12 (parg 13 &14) clearly Proc no 455/2005 has provision on OP 4.12 emphases Grievances is not only Accessible mentioned accessible Grievance grievances (Part three, Art 11) in accessibility and about compensation and
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Measures Agreed to Theme World Bank OP 4.12 Ethiopian Legislation Comparison Address Gaps
GRM Redressing Mechanism as one major which the need for handling appropriateness of the GRM resettlement, other requirement within the resettlement grievances through administrative mechanism to facilitate easy project related grievances instrument. The importance of arrangements and formal courts. redressing in line with local (such as complaints on accessibility and appropriateness of Here grievance on compensation context. Pocl 455/2005 access denial, drainage the mechanism (tailored to local mainly emphasized emphasis the grievance mainly etc) need to be addressed context) is quite emphasized. in relation to compensation through the established amount for PAPs and GRM. Op 4.12.( Parg 8) has provision to Proclamation 455/2005 has no While OP 4.12 specifically give particular attention address the specific provision. The National address the issue of vulnerable needs of vulnerable groups ( Social Protection Policy, however, is groups to be given special especially those below the poverty part of social policy framework that consideration in case of line , the landless, the elderly, focuses at reducing poverty, social involuntary resettlement, the women and children and economic risk of citizens, National Social Protection Vulnerable people of this vulnerability and exclusion by Policy address the issues of Vulnerable project need to be treated taking measures through formal vulnerability at large and their Groups as per the OP.4.12 and informal mechanisms to concern is to be addressed provisions. ascertain accessible and equitable within the national level legal growth to all. framework; vulnerability in case of involuntary resettlement is, thus, is to be seen within this national framework.
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4. IMPACTS OF THE PROJECT ROAD
The RAP survey (carried out from May 15/2019 to June 14/2019) informs that the construction of the road segment under consideration (km 130+965-km 149+950) will have impacts totally falling within the rural section of the road project. The obstruction list shows that the impact is on farmland, houses, trees, utilities, and also on graveyards. All farmlands are to be partially affected (ranging from 0.01 hectare to 4 hectares per household). PAPs still maintain part of the unaffected land that varies in size from 0.02 ha to 18.8 ha of land outside the RoW limit. With regard to the affected houses, PAPs could relocate their houses within the adjacent residual land and no need of resettlement elsewhere. In addition, 11,465 trees of various size are falling within RoW limit and for which compensation is estimated. Detail list of obstructions is attached in annex 1.1. On the other hand, construction of Lot-III (Zeway Arsi Negele) road is expected to contribute for the improvement of the livelihood of the local populations and development of the project influence area at large. With the construction of the road, there would be improvement in agricultural activities, particularly in the area of crop and livestock production and in its marketing network. Similarly, there could be high potential for growth and development in trade and businesses activities, and improved linkages between urban and rural areas. The road will have its own considerable bearing on the industrial parks exist along the road corridor. Detail impacts of the project both negative and positive which will be occurred due to the construction of the road stretch that starts at Km 130+965km and ends at chainage 149+950 are assessed and presented below: 4.1 Positive Impacts 4.1.1. Employment Opportunities for Local Communities
The construction of the project road is expected to create employment opportunities and job for the local communities. The youth and women residing in the project area will benefit from the employment opportunities created due to the construction of the road. It can be assumed that this will be a significant contribution to the reduction of poverty at the household level. During the series of consultations held with local youth group, high employment expectation found to be the overriding concerns for all. The participation of the local community in the construction of the project road, employment for semi-skilled and unskilled labour force should be encouraged from the project area and more opportunity or priority in employment should also be given for women and in particular to female headed households. If such employment mechanisms are adopted, the project will contribute to the creation of jobs and income, and improvement of the local economy; increase the revenue capacity of the project area, and will also bring in skills and knowledge to the locality. In the process of employment, the contractor is also expected to respect and abide with the Labour code of the country; and give priority to the employment of the local population, and specifically to women. Enhancement Measures
The contractor will employ casual and semi-skilled workers preferably and mainly from the local population residing in the project road corridor.
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Ensure women’s employment and improve their employment opportunities and working conditions. Develop guidelines and regulations to ensure that women receive equal employment opportunities. Women in the project area have very limited exposure of working in big projects such road construction. However, the construction of the project road is expected to create new opportunity and skill for women. In this process, close reference the national labor proclamation is mandatory (see chap. three), especially those provisions related to wage, work safety regulations, and related issues. ERA and local authorities will assign inspectors to monitor that appropriate implementation of the labor code and other policies and guidelines of the country are respected; and appropriate standards are maintained. 4.1.2. Employment of Women
The Project expected to consider special needs of women for employment. Female-headed households in particular will be given priorities for employment opportunities. They could be hired as labourers, timekeepers, storekeepers and in similar other activities during the project implementation. This does not mean they are not entitled for other positions, provided they have the required skill. Women will earn income through sales of goods and services produced and made by them to the construction workforce. Women are engaged in providing catering services, coffee and tea shops, kiosks and bars along the road are managed and run by women, in some of the areas it is particularly run and managed by female-headed households. Such type of income generating activities will increase their income with better and safer stopping places for cars, trucks and buses. Bigger volume of traffic movement and flow can increase these income-generating activities. Women will also have transport access to the different social services and markets due to the construction of the project road. Women also will benefit from the decrease in the prices of goods due to decreasing transport costs. The positive impacts stated above could only be realized if access to services and opportunities, such as, credit, education, health, etc., are equally provided for women. There will be temporary income opportunities that will be created to residents in the project area during construction works. Businesses such as, catering services (or small bars and restaurants) located along the project road and near construction camps, etc. could earn additional income due to the presence of large numbers construction workers. More traffic movement could also contribute to an increase in income-generating activities in the major towns and for small towns located along the project road. Enhancement Measures ERA and local authorities will set regulations/ guidelines to ensure and improve the employment opportunities of women in the road construction works. The guidelines are to ensure that women receive equal chance for employment on construction sites. As per the Contractor’s initial Program of performances/Work Schedules, it is indicated that the Peak, lowest and average unskilled manpower requirement is found 1200, 305 and 650 respectively. As per the regulation of the country, the Contractor will provide equal job opportunities for females. Women workers will be assigned in jobs, which fit to their biological and physical conditions. In addition, the Project will create employment opportunities for women in general and give priority for female PAPs in particular.
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4.1.3. Increased Agricultural Production and Productivity
The construction of the project road will create subsequent increase and utilization of agricultural inputs and services that will result in increased production, higher farm gate prices for local produce, resulting in higher incomes to the farming households. Perishable vegetables which are highly produced along the project road will reach big markets such as Addis Ababa and Nazareth as required. Household income will also show increment due to lowering of transport costs, improved, extended market access and opportunities, higher farm gate prices for local produce and resulting in higher incomes to the farming households.
4.2 Negative Social Impacts and Mitigation Measures There are number of negative impacts that influence the life style of the residents along the project road, and some of the negative impacts could be avoided if proper mitigation measures are carried out. The negative impacts are related to expropriation of farmland, crop loss, spread of STD and HIV/AIDS, growth of squatters and uncontrolled settlements, etc. Detail impacts of the project impacts are discussed below. 4.2.1 Impacts on Houses There are 37 houses (26 corrugated iron sheet roof with mud wall and 11 are tukuls/thatched house), belonging to 29 households/families, to be affected within the road section under consideration. Twenty-eight of the families are male headed and only one household found to be female headed. In terms of purpose, 32 housing units serve as residential houses, 3 as kitchen, one as worship [Mosque] and one is a public house. The walls and floors of the affected houses are mainly constructed with wood and mud while variation is mainly in roof cover. Total area of the affected houses (both tukul and CIS roof houses) is 780.85m2. Out of which 617.94 m2 is CIS roof houses and 162.91 m2 is thatched houses. Annex 1.2 has details on the affected houses.
Figure 4- 1: Affected Housing Units and Type of Houses Mitigation Measures - Consult and involve PAPs during inventory of properties and estimation of costs for lost houses; - Involve PAPs in the property valuation committee; - Compensate for lost houses as per the law at replacement cost; - Allow PAPs to use salvage of the demolished houses; - Give adequate time to build new house before demolishing the house to be removed from the ROW and
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- Consider livelihood support programs based on the future need assessment. 4.2.2 Impact on Farm and Grazing Land The total size of farmland to be affected within the RoW limit (between km 130+965 to km 149+950 is 163.328 hectares and belongs to 174 households. Similarly, 13.642 hectare of grazing land belonging to 38 owners will be affected for the project purpose (details seen in Fig 4.2, 4.3 and Annex 1.3).
Figure 4- 2 Lost Farm Land and Affected HHHs segregated by Sex
Figure 4- 3: Number of HHHs and Size of affected Grazing Land Mitigation Measures . Compensate farmers for loss of crops and grass as per the Federal legislation (Proclamation 455/2005) based on replacement value/ market prices. . Allow farmers to harvest crops from the land to be dispossessed . Give priority in the employment of casual workers for household members or PAPs that have lost their farmland for the road construction works. . Compensate ahead of construction works for the loss of farmland.
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4.2.3 Loss of Trees and Fruits There are 11,465 trees including 60 Banana trees and 37 stands of Papayas to be removed from the ROW. Most of the trees are acacia species. These trees belong to 167 households (See Table 4.1 and Annex 1.4). Table 4- 1: Type and number of Trees to be Removed from the Row Size and Number Type of Trees/Fruits Very Big Big Medium Small Total Acacia 6 926 4429 5972 11333 Kulkual/cactus species - - - 4.00 4.00 Jatrofa - - - 31.00 31.00 Banana - 60.00 - - 60.00 Papaya - 37.00 - - 37.00 Total 6 1,023 4,429 6,007 11,465
Mitigation Measures - Consult and involve PAPs during inventory of properties and estimation of costs for lost trees; - Compensate farmers for loss of trees as per the Federal legislation (Proclamation 455/2005) based on replacement cost; - Give priority in the employment of casual workers for household members of PAPs that have lost their trees and land for the road construction works; - Allow enough time for PAPs to harvest/remove their trees. 4.2.4 Impact on Graveyards The RAP survey identified four graveyards within the road stretch from km 130+965 to km 149+950). They are located in Daka Hora kelo, Daka Dalu Harngema, Hada Boso and Galef Kelo Kebeles. Each gravesite contains a number of individual graveyards as shown below.
Figure 4- 4: Location and number of affected cemeteries
Mitigation Measure . Discuss with close relatives on the process of relocation . Cover all the expenses associated with the relocation of the gravesites . Identify and prepare the relocation site in close consultation of the public and close relatives . Rebury the remains in line with existing customary and religious ways.
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4.2.5 Impact on Public Utilities A total of 8 electric poles and 720 meters of water pipe, with ¾ inch diameter and segmented into 8 locations, are failing within the road section under consideration and all are subject for relocation. Mitigation Measures
Compensate utility agencies for the affected utilities and services prior to commencement of the construction works. Ensure that utility lines and services are restored right after dismantling and prior to any construction activities. The bottom line is that the reinstatement duration of the services should not be delayed to the detriment of the affected public. 4.2.6 Summary of Impacts The following table summarizes all the identified impacts and number of PAPs under each impact. Table 4- 2: Summary of Impacts Type of the Number of affected House Holds Quantity of Affected No. Affected Unit Property Male Female Total Property 1 Farm land Ha 163.328 160 14 174 2 Grazing Land Ha 13.6422 35 3 38 3 House m2 780.85 28 1 29 4 Trees No 11,465 154 13 167 5 Graves No 222 - - - 6 Electric poles No 8 - - - 7 Water Pipe line m 720 - - -
4.2.7 Growth of Squatters and Uncontrolled Settlements The road construction attracts the public to construct houses to become eligible for compensation payment and some due to the induced development opportunity by the road construction. This phenomenon usually happens around major working sites (camp sites, quarry etc)
Mitigation Measures . Woreda and kebele authorities monitor and prevent any fraudulent claims from squatters or encroachers from undertaking any construction activities of permanent or temporary structure close to the ROW after the disclosed cut-off date . Provide squatters with rehabilitation measures (creating employment opportunities for loss income, etc), . Pay compensation payment for lost assets and properties as per the law.
4.2.8 Exposure to HIV / AIDS and other Sexually Transmitted Diseases (STD) In Ethiopia, the HIV/AIDS pandemic is one major health and development threats affecting considerable portion of the population, mainly the age group of 15 to 49 years who are considered to be high-risk groups. Road construction expected to trigger risks of HIV/AIDS and other STDs due, mainly, to high and additional influx of labor and people to the project site corridor. The influx of high-risk groups, including young mobile workers and commercial sex workers exacerbates the situation and this
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deserves special heath interventions to minimize risks and exposures and create awareness on the issue. Mitigation Measures - Inform construction workers and local population through awareness raising and education campaigns about HIV / AIDS. This has to be done on the one hand by the project HIV/AIDS alleviation sub-contractor in close coordination with woreda functionaries, schools, project staff and the local community at large. At the community level, special information campaigns for women and school girls requires utmost importance. - Provide condoms for free and support health facilities to supply condoms and communicate information about risks. To have an effect in the longer term, schools should include information campaigns and/or special courses, as suggested below. - Conduct education and awareness creation campaigns on the spread and transmission of STDs and HIV/AIDS for construction workers and local communities living close to the construction camp sites. - Provide free distribution and provision of condoms to construction workers by the Contractor to avoid the spread of STDs and HIV/AIDS. - Put educational posters and flyers on HIV/AIDS, using local languages at public gathering locations, bus terminals, schools and by road sides to minimize the spread of HIV/AIDS. - Adopt FDRE and ERA’s Policy on HIV/AIDs, and provide special care and support to HIV/AIDs positive staff and AIDs patients. - Spread education for preventing communicable diseases, STD and HIV/AIDS and for practicing “safe sex” by using condom. - Discourage the influx of sex workers (in some cases young and under aged girls) from major towns and cities to the project area. - Monitor the above mitigation measures through proper monitoring indicators. The overall intervention to prevent and control HIV/AIDs in the project and project impacted community should be in accordance with Federal HIV/AIDs Prevention and Control office’s guideline to contribute for its strategic objectives.
As part of the intervention; this service is under implementation by the Contractor as per the Works Contract/Employers requirements to mitigation STD and HIV/AIDS impacts along the project corridor.
4.2.9 Impact on Women High level of gender disparity between men and women negatively affects the development of a nation at large. In addition, disproportionate impact of development intervention on men and women are quite common. Resettlement/relocation of PAPs largely and disproportionally affect women more than men. Resettlement/relocation might lead to the breakdown of community social networks and this has impact on the PAPs in general and women PAPs in particular, as women are believed to be closer to the family and its local network that caters the social capital needs of a household. In road construction works, women specific needs hardly considered (due to biological and physical conditions). In addition, discrimination against sex line is quite common. Discriminatory practices compounded with lack of other employment opportunities tend to force women to carry out other marginal activities and to be engaged as sex workers. The risk of infection with HIV/AIDs and STDs partly attributed to such established practices.
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The negative impacts of the project road on women include: . Increased risk of exposure to sexually transmitted diseases and unwanted pregnancies, . Price increase of consumer goods due to the influx of large number work force to the area in particular will make female headed households vulnerable to economic hardship . Most construction companies prefer to employ only men, and this will lead to unequal treatment of women during employment of the construction work force. Mitigation Measures The following mitigation measures will be implemented by the Contractor: - Ensure women's participation and improve their employment opportunities by developing guidelines and regulations to ensure that women receive equal employment opportunities and to avoid discrimination against women. - Provide education and awareness creation on reproductive health, STD and HIV/AIDS to women residing in the project influence area. - Support FHH and other women interested or willing to provide catering services to contractors’ work force. Such measure will encourage local women be able to generate income to support their families. - Assign female workers to those works that are accepted to be appropriate for their biological and physical condition. - Give special attention for female-headed households in employment and delivery of other services. Since the different types of negative social impacts affect more on women than men, there is a need for women to be consulted concerning the proposed mitigation measures to address those negative impacts. In relation to gender mainstreaming to address the above project-related risks and promote women’s condition, the inclusion of a gender specialist (focal person) within the HIV/AIDS sub-contractor team is planned.
4.2.10 Impact on Child Labor Experiences from other projects show that road construction works attract local population and in particular children below 14 years of age seeking for employment opportunities. It is also true that road construction works generate good employment opportunity for the local population. However, sometimes it would negatively influence and attract young children to drop out of school. Children who are below the age of 15 might also be attracted by the availability of employment opportunity in the locality. Employing children in the construction works is in complete violation of the national law and other internationally agreed legal frameworks. Child labour is harmful and create psychological and social problems in the community. The Labour Law of Ethiopia does not allow hiring a child below 15 years old. Mitigation Measures . Take strict measures against employment of children. . Work closely with local authorities to stop employment of under age children in the road construction works.
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5. SOCIO-ECONOMIC PROFILE OF PAPs The RAP preparation includes a socio-economic household level survey of the PAP’s and inventory of affected assets. The survey provides broad profiles of the PAPs together with their affected properties, which serves as baseline information for future monitoring purpose. Summarized survey outcome is presented in this section while details on asset inventory and the list of PAPs are enclosed as Annex 1.1. 5.1 Number of PAPs A total of 205 households are to affected due to the land requirement for the road section under consideration. (Km 130+965 to km 149+950). From the social economic data, it is found out that a total of 1,614 PAP’s are affected by the section of the roadway. As a baseline references, the average family sizes is found to be 7.9 (~8) In terms of direct land acquisition impact, 163.3 ha of farmland owned by 174 households to be affected. In addition, 13.64 ha of grazing land belonging to 38 owners, 37 housing units owned by 29 families and 11465 trees of various types and sizes and belonging to 167 households are to be affected within this specific road section. Moreover, 222 graveyards located at four locations are also to be affected. The major impact is on farmland, trees and graveyards. Majority of the affected Households (91.7%) are male headed and only 8.3% are women headed. The total family members of the project affected households (project affected people) are 1614; out of which 816 (50.56%) are male and the remaining 798 (49.44%) are female. Annex 1.1 provides details on the PAPs including type of affected properties. The RAP survey identifies eight vulnerable PAPs, due to physical disability, women headed HHs and age-related problems, who deserve vulnerable assistance in addition to compensation at the replacement cost principles for lost property. Those vulnerable PAPs will receive immediate relocation assistances in addition to additional support to be provided during the implementation of LRP based on the detailed need assessment and its proposals.
5.2 Religious Background of PAPS Survey conducted along the project road segment indicated that out of the surveyed 205 households, 197(96.1%) are Muslims and 8 (3.9%) are Christians.
5.3 Ethnicity of PAPS All the surveyed households along this road segment belongs to Oromo ethnic group.
5.4 Occupation The survey result shows that all the household heads are categorized as small holding farmers running a subsistence peasant agriculture. This is an expected outcome across most parts of the project area where crop farming with livestock rearing as a supplement to their way of life is the main economic activity. The household survey data of PAPs shows that 54 PAPs are above 65 years old and 750 PAPs are under 15 which implies high portion of dependents on the active workforce. 5.5 Marital Status All the project affected household heads are married.
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5.6 Education Profile of the Project affected households revealed that out of the 205 households, one head is a BA level degree holder, 4 attended up to 10+ level, education and 27 attended high school level, 44 attended grade 6-8 level, 108 attended grade 1-6 and 21 are uneducated. Table 5- 1: Education level of the Project affected HHs Education Level Number of HHs under each level of Education % Degree 1 0.49 10+1-10+3 4 1.95 High school 27 13.17 Grade 7-8 44 21.46 Grade 1-6 108 52.68 Illiterate/uneducated 21 10.24 Total 205 100
5.7 Other Social Facilities With regard to access to water services, almost all surveyed households reported to have access to public fountain (tap water from borehole). Data on energy supply shows that 50.24 % of the household use small solar device to light their houses in the evening; 28.78% get electricity supply from the national grid; 18.54 % from the handheld torch kind of devices and the remaining 2.44 % light their house using kerosene lamps. Table 5- 2: Light and Energy sources of the Project Affected HHs
Source of Light /Energy Number of Project Affected HHs % National Grid Power Supply 59 28.78 Personal Solar power 103 50.24 Hand-held torch 38 18.54 Kerosene lamp 5 2.44 Total 205 100
5.8 Income and Livelihood The household economy of the PAPs is mainly based on subsistence peasant agriculture. The main income is from crop production supplemented by livestock rearing. Most households, 42.53%, produce maize for both household consumption and sale; 4.6 percent reported to cultivate soya bean (locally refereed as Boloke) entirely for sale and from which they draw cash for other subsistence purpose; 52.87 % cultivate maize and Soya bean. Maize is reported to be the most common food crop in the project area. On average, households under consideration reported to have 3 shoats (sheep or goat); 4.6 cattle; 3 chicken and 1 pack animal. The annual income varies from year to year mainly subject to rainfall pattern. The area has been experienced frequent drought due to erratic rainfall pattern.
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In reply to their preference on the mode of compensation, 100% of the households prefer to have adequate cash compensation for lost crop and grazing land. This shows that the surveyed households have strong concern on the high risk of land-based income drawn from their subsistence crop farming, as it is vulnerable for vagaries of drought. In addition, they also suggested a number of new skills training to shift their dependence on the existing subsistence crop farming. As per their response, 50% would like to have training on commerce and trading; 32 % on modern farming (irrigation and other); 8.25% on modern ranching, 5.8% on construction, 2.43% on driving and 1.46% on hotel management.
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6. ELIGIBILITY CRITERIA AND PROJECT ENTITLEMENT
The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational policy and Bank's procedures on Involuntary Resettlement. Accordingly, compensation for lost assets and replacement costs is made for land holders.
All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses at replacement cost. The PAPs losing their residential home will get replacement residential land (a housing site) to build his/her residential house with tenure security owed according to local law. The PAPs will not encounter any cost (or make any payment) for getting title deed certificates and they will get the replacement land free of any charge or tax.
It is the responsibility of the Woreda administration to make ready replacement land for compensation (either for residential, farmland or grazing land) to the PAPs as owed according to local law. The woreda together with the kebele will search the replacement land to use as land-to-land compensation. The size of the land to be compensated should be the same size and the same or better productivity. In addition, as much as possible the replacement land needs to have similar distance, fertility, and type (if the lost land is rain-fed or irrigable, the replacement land should be rain-fee or irrigable). The PAPs need to be properly consulted and their consent or agreement should be sought before transferring the land. The minutes of consultation and other land transfer documentation should be properly kept at woreda or kebele offices or responsible organization.
The cut-off date for compensation eligibility for the updated RAP for the road segment from km 130+965-km 149+950 has been set at May 17, 2019, which was the date of property inventory commencement. A careful count and identification of the existing properties and affected persons has been conducted from May 17/2019 to June 25/2019. Any person who constructs a house or a structure in the right-of-way after the cut-off date will not be eligible to compensation or subsidies. The date has been made public to the people and to the local officials on May 17, 2019. The kebels have also informed the people. Compensation will not be paid for any structures erected or trees planted purely for the purposes of gaining additional compensation after the cut-off date. The cut-off date has communicated to PAPs using various methods; such as posting notices on accessible public places to the community; around the relevant local Kebele Administration offices, and notified to them during consultations.
Compensation will be paid for public buildings as well as private house owners. Also, due compensation will be paid for public utilities, telephone and electricity poles. All transitional and moving allowances and compensation for temporary land loss will be directly paid to those affected. Compensation, both small and large amounts will be paid through local bank, following the agreement with the individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs.
Based on Ethiopian laws and World Bank OP 4.12, the following is the entitlement matrix for the project:
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Table 6- 1: Project Entitlement Matrix
Land & Types of Impact Person(s)Affected Compensation/Entitlement/Benefits Assets Loss of farm land Agricultural partially. Less than Land for land replacement could be the first and best option in reinstating land 20% of land holding the livelihood of the PAPs. If there is shortage of land in the Woreda or if the affected Land remains PAPs chooses, cash compensation and the land is acquired temporarily, cash economically viable. compensation will be paid for the harvest or product from the affected land equivalent to average market value for last consecutive five years multiplied by the number of years the land is temporarily required. If the land take is permanent, cash compensation will be paid for the harvest or product from Farmer/ title the affected land equivalent to average market value for last consecutive five holder years multiplied by ten (ten years). In cases where the PAPs want to continue land-based livelihoods, the client will exert maximum effort to provide land and demonstrate the process.
PAPs who will be targeted for livelihoods restoration will be provided transition allowance for the period between compensation payment and commencement of livelihoods restoration. This will be determined during the livelihoods needs assessment and plan preparation. Cash compensation for the harvest or product from the affected land or Tenant/ lease asset, equivalent to average market value of for last consecutive five years, or
holder market value of the crop for the remaining period of tenancy/ lease Greater than 20% of agreement, whichever is greater. land holding lost; Land for land replacement could be the first and best option in reinstating means the remaining the livelihood of the PAPs. If there is shortage of land in the Woreda or if the land will not be Farmer/ Title PAP’s choose cash compensation, cash compensation will be paid for the Economically viable. holder harvest or product from the affected land equivalent to average market value for last consecutive five years multiplied by ten (ten years).
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Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at the same location which is acceptable to PAPs as much as possible. The cost of land transfer to PAPs shall be free of charges (including taxes, registration and other costs).
Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature)
PAPs who will be targeted for livelihoods restoration will be provided transition allowance for the period between compensation payment and commencement of livelihoods restoration. This will be determined during the livelihoods needs assessment and plan preparation. Cash compensation equivalent to average of last 5 years’ market value for the Tenant/Lease mature and harvested crop or market value of the crop for the remaining
holder period of tenancy/ lease agreement, whichever is greater. Relocation assistance (costs of shifting + allowance). Grazing Land for land replacement could be the first option in reinstating the land livelihood of the PAPs. If there is shortage of grazing land in the Woreda or if Grazing land located Private grazing the PAP’s choose cash compensation, cash compensation as per the within the RoW land owners productivity of the land and the current market price of the grass per square meter multiplied by ten years will be paid. The surrounding Land for land replacement could be the first option; acceptable alternative
Land used for community who grazing land to be agreed with affected community. If there is shortage of Commercial business partially have access or grazing land in the Woreda or if the community choses cash compensation, Land affected usufruct right of compensation as per the productivity of the land and the current market
the communal price of the grass per square meter multiplied by ten years will be paid.
grazing land
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Limited loss Cash compensation for affected land, taking into account replacement cost for the lost property. Title holder/ Opportunity cost compensation equivalent to 5% of net annual income based business owner on tax records for previous year (or tax records from comparable business or estimates where such records do not exist). Business owner is Opportunity cost compensation equivalent to 10% of net annual income lease holder based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Land for land replacement or compensation in cash according to PAP’s choice; cash compensation to take into account replacement values. Land for land replacement will be provided in terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an Land used for Title available location which is acceptable to the PAP. business severely holder/business Transfer of the land to the PAP shall be free of taxes, registration, and other affected; owner costs. Relocation assistance (costs of shifting + allowance) the remaining land Opportunity cost compensation equivalent to 2 months net income based on become insufficient tax records for previous year (or tax records from comparable business, or for business purposes estimates) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or Business person is estimates), or the relocation allowance, whichever is higher. lease holder Relocation assistance (costs of shifting) Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to re-establish the business. Residential Land used for Land for land replacement is the first option. If the PAP’s choose cash Land residence partially Title holder compensation, cash compensation will be paid for affected property, Buildings affected; limited loss considering replacement cost for the affected properties. and and remaining land Rental/lease Cash compensation equivalent to 10% of lease/ rental fee for the remaining
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structures viable for present use. holder period of rental/ lease agreement (written or verbal) Land for land replacement is the first option. If the PAP’s choose cash compensation, compensation in cash payments owed according to local law; cash compensation taking into account replacement values. Land used for Land for land replacement shall be of minimum plot of acceptable size under residence severely the zoning law/s or a plot of equivalent size, whichever is larger, in either the affected; community or a nearby resettlement area with adequate physical and social remaining area Title holder/owner infrastructure systems as well as secured tenure status. insufficient for When the affected holding is larger than the relocation plot, cash continued use or compensation to cover the difference in value. becomes smaller than Transfer of the land to the PAP shall be free of taxes, registration, and other minimally accepted costs. under zoning laws Relocation assistance (costs of shifting + allowance)
Refund of any lease/ rental fees paid for time/ use after date of removal
Rental/lease Cash compensation equivalent to 3 months of lease/ rental fee holder Assistance in rental/ lease of alternative land/ property Relocation assistance (costs of shifting + allowance) Structures are Cash compensation for affected building and other fixed assets, taking into partially affected and account Replacement costs of structures and materials. In addition, Cash remaining structures Owner assistance to cover costs of restoration of the remaining structure viable for continued use Cash compensation for affected assets, taking into account replacement costs Rental/lease for assets and materials (verifiable improvements to the property by the
holder tenant). Disturbance compensation equivalent to two months rental costs Entire structures are Cash compensation, taking into account replacement costs for structures and partially affected Owner materials, for entire structure and other fixed assets without consideration of Remaining structures the depreciation costs, or alternative structure of equal or better size and
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not suitable for quality in an available location which is acceptable to the PAP. continued use Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training) Cash compensation for affected assets, taking into account at replacement cost for materials (verifiable improvements to the property by the tenant) Relocation assistance (costs of shifting + allowance equivalent to four months Rental/lease rental costs) holder Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Cash compensation for affected structures without consideration of depreciation costs, taking into account replacement cost of the lost structure. Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure Squatter/informal accommodation preferably in the community of residence through
dweller involvement of the program) Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available Rehabilitation assistance if required assistance with job placement, skills training. Opportunity cost compensation equivalent to 2 months net income based on Street vendor tax records for previous year (or tax records from comparable business, or (informal without estimates), or the relocation allowance, whichever is higher. title or lease to the Relocation assistance (costs of shifting) stall or shop) Assistance to obtain alternative site to re- establish the business. Standing Crops affected by PAP (whether Cash compensation equivalent to average of last 5 years market value for the crops land acquisition or owner, tenant, or mature and harvested crop.
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temporary acquisition squatter)
Cash compensation based on type, age and productive value of affected Trees Trees lost Title holder trees plus 10% premium PAPs (families) of Compensate fully for the relocation of the graveyard that covers all the Relocation of Graveyards the deceased expenses of removal of the grave stones, preparing another burial ground, graveyard family members relocation/reburial and all the religious or cultural ceremonial expenses. Additional support (in addition to the entitled compensation and relocation Assistance allowance) to support during relocation and restoration of livelihood). Such Disproportion impact Vulnerable people for support could be in terms of labour during the reconstruction of affected due to age, sex, to be screened vulnerable houses, or in terms of money to cover expenses associated to failure of using disability, etc. from the PAPs Groups his/her labour to rehabilitate or adjust at the relocated area, providing priority and/or direct cash transfer during livelihood restoration., Those accessing Utilities to be reestablished in the affected area; provision of similar the services of the Utilities Relocation of utilities temporary services until full resumption (especially water service) under the utilities (water, new arrangement. electric etc.) Relocation Forced to relocate or Relocation allowance includes cost associated with re –establishing All Affected and shift residential houses, mobility costs and other ancillary costs (labour, transport, Households Shifting land clearing and labeling and other relevant costs etc.) Livelihood restoration measures will be planned and provided supplementary Screened Loss of livelihood or to the compensation paid for lost assets. To restore or improve their income Livelihood Households for LR source of income level and livelihood; and ensure an improved standard of living or foster support development benefits.
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Table 6.1.1: Implementation procedures for Project Impacts not covered under Project entitlement
Types of impact Persons affected Implementation procedures Growth of Squatters and Provide squatters with rehabilitation measures (creating employment Uncontrolled opportunities for loss income, etc), Settlements Pay compensation payment for lost assets and properties as per the law. Not title holders Inform construction workers and local population through awareness raising and education campaigns about HIV / AIDS. This has to be done on the one hand by the project HIV/AIDS alleviation sub-contractor in close coordination with woreda functionaries, schools, project staff and the local community at large. At the community level, special information campaigns for women and school girls requires utmost importance. Provided condoms for free and health facilities must be supported with supply of condoms and must communicate information about risks. To HIV/AIDS pandemic is one have an effect in the longer term, schools should include information major health and development campaigns and/or special courses, as suggested below. Exposure to HIV / AIDS threats affecting considerable Conduct education and awareness creation campaigns on the spread and and other Sexually portion of the population, transmission of STDs and HIV/AIDS for construction workers and local Transmitted Diseases mainly the age group of 15 to communities living close to the construction camp sites. (STD) 49 years who are considered to Provide free distribution and provision of condoms to construction be high-risk groups. workers by the Contractor to avoid the spread of STDs and HIV/AIDS. - Put educational posters and flyers on HIV/AIDS, using local languages at public gathering locations, bus terminals, schools and by road sides to minimize the spread of HIV/AIDS. - Adopt FDRE and ERA’s Policy on HIV/AIDs and provide special care and support to HIV/AIDs positive staff and AIDs patients. - Spread education for preventing communicable diseases, STD and HIV/AIDS and for practicing “safe sex” by using condom. - Discourage the influx of sex workers (in some cases young and
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under aged girls) from major towns and cities to the project area. - Monitor the above mitigation measures through proper monitoring indicators - Ensure women's participation and improve their employment opportunities by developing guidelines and regulations to ensure that women receive equal employment opportunities and to avoid discrimination against women. - Provide education and awareness creation on reproductive health, STD and HIV/AIDS to women residing in the project influence area. - Support FHH and other women interested or willing to provide catering services to contractors’ work force. Such measure will Impact on Women Women resident in the project encourage local women be able to generate income to support area their families. - Assign female workers to those works that are accepted to be appropriate for their biological and physical condition. Give special attention for female headed households in employment and delivery of other services. Since the different types of negative social impacts affect more on women than men, there is a need for women to be consulted concerning the proposed mitigation measures to address those negative impacts. Take strict measures against employment of children. Impact on Child Labor Children in the project area Work closely with local authorities to stop employment of under age
children in the road construction works
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7. LIVELIHOOD AND INCOME RESTORATION MEASURES 7.1 Livelihood and Income Restoration Livelihood and income restoration refer to reestablishment of income levels for the PAPs prevalent at the time of displacement. Income restoration is an important component for the resettlement of PAPs who have lost their productive base, businesses, jobs, or other income sources, regardless of whether they have also lost their houses. It is a dynamic plan or action that is used and required to re-establish the income streams overtime.
In livelihood and income restoration, issues such as, source of livelihood (monetary and nonmonetary), existing skills of PAPs, employment opportunities and income restoration options will be provided.
For PAPs who have lost their assets, livelihood and income restoration plans or programs may require government support and services.
The livelihood support believes to be long-term measures that may include non-land-based economic activities that will provide a sustained source of income over a longer period. It preceded by intensive need assessment and consultations with PAPs. In case of the road project under consideration, ERA has the responsibility in coordinating Regional, Zonal and woreda level government authorities, NGOs and other stakeholders to provide support towards the planning and implementation of livelihood restoration measures. Regional and woreda authorities are expected to play important roles in the livelihood restoration plans and actions of PAPs in providing advice, training, facilitating the provision and supply of credit services through micro finance institutions and, through micro and small business enterprise agency.
Some of the different types of plans identified from experiences in different projects include income generating activities, micro enterprise development and small businesses, etc. The livelihood restoration measures are expected to enable PAPs and contribute to the improvement in their standard of living. The whole livelihood planning and implementation (including screening of the target groups, need assessment, identification of the skill requirements, etc will be carried out as separate undertaking by ERA once the land acquisition activities of the project are completed.
A livelihoods restoration needs assessment terms of reference is prepared by ERA, reviewed and approved by the Bank for the road section (see annex-9). An indicative three (3) million USD budget is allocated for LRP. Thus, all project affected people will be targeted based on the scope of impact of land take, vulnerability, family size and other factors the assessment will set as relevant. LRP need assessment for the PAPs will be conducted and the preparation will extensively explore and define the targeting criteria. The LRP need assessment should include: 1) a clear indication of the percentage of land the PAPs lost (distinguish between PAPs losing more and less than 20% of their landholdings and whether remaining parcels meet the minimum viable parcel size for farming or continue their livelihood); 2) efforts to offer land for land compensation as an option for those who want it; 3) development and implementation of a participatory and robust LRP as part of the RAP to ensure that PAPs are not worse off.
If as part of the livelihood restoration process if it is concluded that agriculture is the preferred and most viable restoration strategy, the woreda administration together with the kebele are responsible to make ready the land for the preferred livelihood. In addition, if there are livelihood activities that demand some plots of land, the PAPs should be given free of any transfer or title deed costs. Searching for and availing the land to the PAPs will be on the shoulder of the woreda administration.
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ERA will take the responsibility for the implementation of LRP including the allocation of the required budget. The LRP need assessment will commence on January/2020 and expected to be completed in three months. Then implementation will start On July/2020 since the new budget year starts on July according to the Ethiopia Fiscal Year.
The LRP including the need assessment will be reviewed and cleared by the Bank. Detailed monitoring and evaluation plan of the LRP implementation will be prepared as part of the LRP. An independent third party or a firm will conduct a completion of the LRP implementation within three months after completion.
PAPs who will be targeted for livelihoods restoration will be provided transition allowance for the period between compensation payment and commencement of livelihoods restoration. This will be determined during the livelihoods needs assessment and plan preparation. The transition allowance will be paid, to those PAPs who are identified as eligible for livelihoods restoration, with the soonest possible time following the completion of the scope of impact identification and verification by independent consultant that will be deployed for LR and VG by ERA.
7.2 Special Restoration Measures for Vulnerable Group/PAPs The issues of vulnerable people are given special consideration under Op 4.12; Paragraph 8 and Ethiopian Social Protection Policy). As per the Ethiopian National Social Protection Policy (Nov. 2014) the category of people indicated below are considered as groups who needs special support. In this document, the same national Policy has been referred in identifying the vulnerable groups who need additional support during relocation and dispossession of properties associated with the on-going road development activities. According to national social protection policy, vulnerable groups: - Children under difficult circumstances, - Vulnerable pregnant and lactating women, - Vulnerable people with disabilities and people with mental health - problems, - Elderly who have no care and support, - Labor constrained citizens unable to get basic social and economic - services, - Victims of social problems such as beggars, commercial sex workers, - drug and medicine addicted, - Citizens affected by HIV and AIDS and other chronic diseases that - constrain their ability to work, - Segments of the society vulnerable to violence and abuse, - Segments of the society vulnerable to natural and manmade risks, - Unemployed citizens, - Citizens engaged in the informal sector and who have not social - insurance coverage, - Victims of human trafficking and repatriated emigrants, - In this RAP, the vulnerable groups that will get special treatment are those who meet the above criteria. Based on this, there are eight PAPs who will get special support and a 10,000.00 budget is included for this (in this case, 10,000 ETB per entitled vulnerable person had been proposed based on informal discussion with Vulnerable PAP’s and local experience from other similar project). During the LRP need assessment and plan preparation, the same indicators will be used
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for targeting vulnerable groups for livelihoods restoration and transition allowance support. Vulnerable group plan will be developed together with the LRP that will identify the specific needs of the vulnerable group and the specific support they require within the resource available.
The implementation of vulnerable people support plan is scheduled to be implemented in parallel with compensation payment for the affected Households (See RAP implementation schedule in Table 14.1).
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8. INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK 8.1 Organizations at Federal Government Level Organizations that operate at the Federal Government level and have some role to play in the planning and implementation of the project include the Ministry of Transport and Communication, the Ministry of Finance and Economic Development (MoFED) and Ethiopian Roads Authority (ERA), which the implementing agency. The Ministry of Transport and Communication and Ministry of Finance and Economic Development provide the overall policy guidelines and coordination at Ministerial level and also provide adequate governance and management; and budget release for timely operation.
Forest, Environment and Climate Change Commission is responsible for issuing environmental policies, guidelines and standards as well as monitor proper implementation of these policies and guidelines throughout the project development phases.
8.2 Ethiopian Roads Authority (ERA) The Ethiopian Roads Authority (ERA) is an autonomous Federal Government office and is accountable to the Ministry of Transport. It is re-established for the second time by the council of Minister’s regulation No. 247/2011. ERA is managed by a Board whose members are assigned by the Government and its day to day management is carried out by a Director General that is assigned by the Government.
The objectives for its reestablishment are to develop and administer roads, create conducive conditions for the coordinated development of road networks; and ensure the maintenance of standards in road construction.
The construction of roads requires land acquisition and expropriation for the ROW, Access road construction, Campsites, Quarry sites; borrow pit and other similar activities. According to the reestablishment of proclamation of ERA; it is responsible for the preparation of RAP for road projects and to initiate land acquisition and expropriation. As stated in its powers and duties ERA is responsible for the following activities that are directly related to land acquisition and many others.
. Prepare or cause the preparation of designs and feasibility, environmental and other related studies required for road works; . determining the extent of land required for its activities in the adjacency of roads; . Cause the use of, free of charge, land and quarry substances required for the purpose of road works, camp, offices, storage of equipment and other related services; . Acquire land required for road works by paying compensation for land possessors and property owners in accordance with the law; . To take necessary measures to protect the environment whenever road works are undertaken. Following its reestablishment, ERA has now become a regulatory body which has a number of regional offices. Its previous, organizational setup is restructured and the own force account has become an independent public enterprise agency.
8.3 ERA’s Environmental, Social and Occupational Health and Safety Management Directorate
ERA’s newly formed Environment, Social and Occupational Health and Safety Management Directorate is directly responsible for the review, monitoring and implementation of this Resettlement Action Plan.
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The main responsibilities of the Directorate include: . Advising senior management and assisting in the decision-making process on all road sector environmental and social issues; . Ensuring that environmental and social issues are adequately addressed in connection with the activities of all ERA departments and divisions; . Carrying out or supervising EIAs and RAPs for road sector projects. 8.4 Right-Of-Way Management Teams Following ERA's restructuring which took place in 2010 five Right-of-Way Management Teams have been organized under each Regional Directorate. The ROW Management teams under ERA’s Expressway Contract Management Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP).
The Right-of-Way Management Team is responsible to facilitate and verify the proper identification and registration as wel as to ensure that PAPs and affected properties are properly counted and recorded. The team is also responsible for the proper conversion of the recorded properties into monetary value in accordance with the unit rate of the replacement value based on the applicable legislations, in liaison with the respective woreda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed by established property valuation committee; the ROW agent will review and send ERA’s Expressway Contract Management Directorate to affect the payment.
8.5 ERA'S Legal Affairs Service Directorate The Legal Affairs Service Directorate is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the Directorate consist of drafting, reviewing, analyzing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the Directorate. The Directorate develops and implements strategies for claims and dispute resolutions which serve as inputs to the ROW Management Teams and regional legal advocates.
8.6 Expressway and Special Projects Contract Administration Directorate The directorate is accountable to the Deputy Director General for Construction Department of ERA. It is established with the mandate of contract administration of the expressway and special projects of the country.
The table 8-1 shows the different organizations operating at Federal level that will have the role and
responsibility in the planning and implementation of the upgrading of the road project.
8.7 Regional Government Level According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions. This is also true for woreda (or district) administrations. Each woreda administration is governed by its own elected council. The woreda council is more or less similar to that of the Federal & Regional Parliament in its structure; and appoints the executive committee which is responsible to run the day today activities of the woreda.
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At Regional level, it is the woreda administration offices that are located along the project road corridor that will have a major role and responsibility in the planning & implementation of the resettlement activities in their respective localities. The woreda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA’s Regional Directorate. 8.8 Oromia Regional State Since this road project is fully located inside Oromia region, the regional state has an important and significant role to play in the implementation of this RAP by giving guidance and in coordinating the Administrative zones and woredas crossed by the project road. According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions.
Hence, the ORNS is the major stakeholder in the coordination and implementation of this RAP and other associated activities. 8.9 Woreda Administration Woreda administration offices that are located along the project road corridor will have a major role and responsibility in the planning and implementation of the resettlement activities in their respective localities. The woreda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The woreda will be responsible in establishing the Property valuation committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land for land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land.
Woreda level sectoral offices, such as agriculture, environment, justice and water play important roles in the implementation of this RAP in participating in compensation, property valuation and grievance committees.
8.10 Kebele Administration Kebele administration units are the smallest unit of administration in Ethiopia and that has its own elected council and executive body. Kebele administrations provide advice on the fairness in relocation process and valuation of compensation and coordinate on the support to be made for vulnerable groups. They work closely with woreda property valuation, resettlement implementation and grievance redressing committees. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs.
8.11 Woreda Committee Structures Property Valuation Committee Whereas, the respective woredas has established the Asset Valuation Committee /AVC/ based on the Proclamation No. 455/05, article 10 and regional directives as well as OP 4.12. The committee composed of five members of whom 3 experts or members represented from the woreda administration, Municipality and Agricultural offices, as well as 2 representatives from the community. ERA’s ROW agent actively participates during the asset’s valuation processes as facilitator or non-signing member.
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Grievance Redressing Committee
In consultation with the community, the project in collaboration with the respective woredas (Adami Tulu and Arsi Negele) Administration has established grievance redressing committee with mix of representation from the local administration, local community and PAPs. Among administration representation, the office of women and children affairs has been deliberately included in order to address the issues related gender-based violence /GBV/. The GRC plays the leading role in receiving, investigating, processing, resolving and documenting the grievances presented at its jurisdiction. Receive complaints or any concerns from individuals or the community.
Table 8- 1: Shows Responsibilities of institutions/stakeholders that will have role during Planning and implementation of the RAP No. Organizations Responsibility 1 Organizations at Federal Government Level Provide overall policy guidelines and coordination at Ministerial level 1.1 Ministry of Transport and also provide adequate governance and management Ministry of Finance and Approval and signing of credit with World Bank. Release and 1.2 Economic Development approval of fund for compensation Issue environmental policies, guidelines and standards as well as Environment, Forest and monitor proper implementation of these policies and guidelines 1.3 Climate Changes throughout the project development phases. Involve in appraisal and monitoring of the RAP Overall Management and Budget Allocation for the project 2. Ethiopian Roads Authority implementation; Coordinate with Federal and Regional Authorities in the planning and implementation of the project Advising senior management and assisting in the decision-making ERA’s Environment, Social process on all road sector environmental and social issues; and Occupational Health Monitor and Evaluate the safeguard issues of the road sector 2.1 and Safety Management projects. Directorate Provide technical support for the project office in training, and related activities etc. The ROW Management teams under ERA’s Expressway Contract Management Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). The Right-of-Way Management Teams are responsible to facilitate and verify the proper identification and registration and also ensure Right-Of-Way that the PAPs all affected properties and assets are properly counted 2.2 Management Teams and recorded meanwhile the proper conversion of the recorded properties into monetary value in accordance with the unit rate of the replacement value based on the applicable legislations, in liaison with the respective woreda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed by established property valuation committee; the ROW agent will review and send ERA’s Expressway Contract Management Directorate to affect the payment. Drafting, reviewing, analyzing and approving construction contract ERA'S Legal Affairs Service documents. Contract awarding with other assigned members of 2.3 Directorate committee is the other responsibility of the Directorate. The Directorate develops and implements strategies for claims and dispute resolutions. Expressway and Special Accountable for the contract administration of the expressway and 2.4 Projects Contract special projects of the country. The following table shows the Administration Directorate different organizations operating at Federal level that will have the Updated RAP, Km:130+965 to Km:149+950 Page :63 SBI International Holding Ag, (Ethiopia).
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No. Organizations Responsibility role and responsibility in the planning and implementation of the upgrading of the road project. Play important and significant role in the implementation of this RAP Regional Government 3 by giving guidance and in coordinating the administrative zones and
Woredas crossed by the project road. Oromia regional state has an important and significant role to play in the implementation of this RAP by giving guidance and in coordinating the Administrative zones and woredas crossed by the Oromia Regional State 3.1 project road. has responsibilities for planning, directing and
developing social and economic programs, as well as the administration, development and protection of resources of the region. Play major role in planning and implementation of the resettlement activities in their respective localities. The woreda administration will be the main contact point and is responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The woreda will be responsible in establishing the Property valuation 3.2 Woreda Administration committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land for land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land. Woreda will also involve in establishing grievances redressing committee and follow up its implementation. Kebele administrations provide advice on the fairness in relocation process and valuation of compensation and coordinate on the support to be made for vulnerable groups. They work closely with 3.3 Kebele Administration woreda property valuation, resettlement implementation and grievance redressing committees. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs. Woreda Committee 4 Structures Property Valuation Conduct property inventory and asset valuation of affected Committee properties based on the Proclamation No. 455/05; this RAP 4.1 procedure plus the provisions of World Bank OP/BP 4.12.
Grievance Redressing The GRC plays the leading role in receiving, investigating, processing, Committee resolving and documenting the grievances presented at its 4.2 jurisdiction. Receive complaints or any concerns from individuals or the community.
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Figure 8- 1: Organizational roles and responsibilities channel
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9 PUBLIC AND STAKEHOLDERS' CONSULTATION
According to the FDRE Constitution, Article 92; “People have the right to full consultation and to the expression of their views in the planning and implementation of development policies and projects that affect them directly”. Consultations with the project affected persons (PAP), local authorities and other stakeholders were conducted to create awareness and inform the public and PAPs about the planned project. In addition, public consultations have been conducted with range of stakeholders and PAPs in specific project sites (including PAPs living within the road segment from km 130+965-km 149+950) on May 15 and 16 ,2019.
9.1 Consultation with Local Communities During the early stage of the on-going project, woreda level consultations were conducted with the participation of sector offices, administrators, kebele level executives and community representatives. The early stage focuses on awareness creation on the project objectives, public participation, entitlements, duties and responsibilities of stakeholders. Woreda level consultations were followed by other consultation with PAPs residing in particular project site where the agenda is specific to land acquisition, compensation, cut –off- date disclosure and local level public participation.
During the RAP preparation stage, consultation with mainly PAPs along the RoW conducted and the broad agenda looks as follows:
. Briefing about the government plan to improve the road (the proposed road project) . The attitude of the local community towards the proposed project . Anticipated positive and adverse impacts and proposed mitigation measures of the project on socio-economic life of the community . The requirement of community participation at different stages of project activities . The means to avoid and/or mitigate anticipated adverse impacts of the proposed project . The experience of the local community in similar development projects . Factors to be considered for successful accomplishment of the project.
9.1.1 Consultation with PAPs in Daka Hora Kelo Kebele and Local Authorities Consultation was held with PAPs, community and local authorities at Daka Hora Kelo Kebele on May 15 and 16/2019 focusing on compensation process, cut- off-date disclosure, on relocation of houses and properties. The number of the consultation participants was 44. (34 male and 2 female from the communities/PAPs, two woreda officials from Arsi Negele woreda, one from ERA, 2 kebele officials and 1 representative of the ER office and 2 from the Contractor side)
The main concerns of the PAPs include the following: Eligibility of those without land certificate for compensation; Whether to continue or discontinue farming within the designated RoW limit; compensation for any lost /affected/ internal access road; whether compensation will be paid for the land falling within immediate adjacent to the 90-meter RoW limit or only for the land within the actual 90-meter boundary.
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The woreda officials clarified the above concerns as follows: Regarding households who do not have official land certificate, the woreda officials advised the PAPs to contact woreda land administration and obtain at least temporary land certificate. In relation to compensation for access road, the woreda official clarified that no compensation would be paid for the access roads to be interrupted by the road construction. However, under passes and over passes will be constructed as part of the expressway project at the agreed locations /spots with community and has been part of the highway design.
Regarding the issue of relocation of houses situated close to the RoW but outside the RoW limit, the woreda official replied that the 90 m RoW is enough for the road construction and any house or property situated outside the RoW will not be affected and will not be compensated.
Participants after discussing the issues in detail, agreed to cooperate with the project and allow to relocate properties situated along the road alignment if appropriate compensation is paid for the affected properties. Minutes of meeting attached in annex 2.2.
Figure 9- 1:Consultation with PAPs and Local Authorities at Daka Hora Kelo Kebele on May 15/2019 Morning
9.1.2 Consultation with PAPs in Dakdalu-Herangema Kebele and Local Authorities
Consultation was held with PAPs, community and local authorities at Dakdalu-Herangema Kebele on May 15/2019 focusing on compensation process, relocation of houses and properties, possibilities of road realignment to save graveyards, etc.
Number of the consultation meting participants was 35 (including two officials from Arsi Negele woreda, a representative from ERA and one from ER office and 31 from the communities and PAPs).
Participants (mainly PAPs) concern include the following questions:
During the earlier meetings, limited number of participants requested on the possibility of realigning the road from its original alignment to save the graveyards. Does the road alignment maintain the original proposal or new realignment is considered as per their earlier request?
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What is the compensation rate for a grave, as there are variation across different types for tombs? Will compensation rate considers these differences. Will those households without land certificates get compensation? How many crossings (overpass and underpass) are included in the express road? Are houses located close to the RoW but situated just outside the RoW will be relocated?
Woreda officials and project staff replies to the above concerns as follows. The road alignment has not been changed as it entails much more unwanted impacts upstream and downstream (it means more dispossession of farm lands, grazing lands, graveyards, houses elsewhere). In addition, realignment in this section means huge compromise with the technical issues of the road. With regard to the compensation rate for different graves/tombs, since no major variation is being exhibited the already established rate will be maintained. The woreda officials advised those PAPs without land certificate to contact the woreda land administration office and obtain at least temporary land certificate. About on the number of road crossings, the representative of the Consultant (ER office) replied that road crossings have been proposed in consultation with local people and in consideration of the existing functional access roads. In relation to the PAPs concern on relocation of houses situated very close to the Row but outside the Row limit, the woreda official replied that the 90 m RoW is enough for the road construction and any house or property situated outside the RoW will not be affected and will not be eligible for compensation. However, there is still a room for further reconsideration in case the road construction imposes any potential impact on the nearby residents. Details on the consultation seen in annex 2.
Figure 9- 2: Consultation with PAPs and local Authorities at Dakdalu-Herangema Kebele on May 15/2019 Afternoon. 9.1.3 Consultation with PAPs in Hada Boso, Galef Kelo and Gubeta Arjo kebele and Local Authorities Consultation was held with PAPs, community and local authorities at Dakdalu-Herangema Kebele on May 15/2019 focusing on compensation process, relocation of houses and properties, possibilities of road realignment to save graveyards.
The total number of the consultation participants was 105 (including one participant from ERA, one from ER office, one official from Arsi Negele woreda, three kebele representatives one from each kebele, three
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representatives from the Contractor and 96 (76 male and 20 female) from the project affected community.
Participants (mainly PAPs) concerns look as follows:
Eligibility for compensation for those households without land certificate Will compensation be paid for trees situated within the RoW limit? Is there a possibility to realign the road to save graveyards? This is the concern aired by those relatives of the deceased. Will compensation take into account the already ploughed farm (labour is already invested to prepare the land for sowing the crop), For how many years the land will be compensated? How many crossings structures considered in the express road within their locality? The express road will divide the farmland of households into two parts and make part of the land inaccessible? Would the road construction provide easy crossings to access farm plots situated on both sides of the road?
Main responses and clarification given by local authorities and project staff include the following: The road alignment has not been changed as it entails much more unwanted impacts upstream and downstream (it means more dispossession of farmlands, grazing lands, graveyards, houses elsewhere). In addition, realignment in this section means huge compromise with the technical issues of the road. Those households without land certificate advised to contact woreda land administration and obtain at least temporary land certificate. Regarding the compensation for trees, the woreda representative confirmed that compensation would be paid for trees. They were also informed that compensation estimate will consider labour and effort invested on the farm already prepared for the crop. It was also explained that compensation for the affected cropland will be paid in accordance with the already established legal practice (paying a ten-year income equivalent expected to be drawn from the affected/alienated land).
The general outcome of the consultation shows that the public at large supports the road construction objective and perceive it as one good opportunity that will bring about considerable beneficial impacts for the development of the project influence area in general. Few individuals, however, requested fresh road realignment to save the graveyards, while others do not show resentment on the proposed road alignment. As indicated above, the woreda representatives explained to the participants that fresh realignment means much more negative impacts than maintaining the proposed alignment. Minutes of meetings annexed.
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However, at the final stage, few participants aired a disagreement over the issue of graveyard relocation and the participants failed to come into consensus. The disagreement by few is mainly on the relocation of the graveyards while the great majorities were in favor of the proposed alignment and relocation of the graveyards provided the affected households will be paid their due compensation. Experience elsewhere shows that full consensus is not expected in such kind of consultation and the majorities view prevail. In recognition of the opinion of those disagreed, the meeting was deferred to other time to discuss on the issue of graveyards relocation again in the presence of high-level officials. At a later stage the higher level officials communicated the outcome of the earlier consultation (majority-governed opinion) to the local Kebele executives and PAPs. Minutes of meeting attached.
Figure 9- 3: Consultation conducted with PAPs from Hada Boso, Galef Kelo and Gubeta Arjo kebele and Local Authorities on May 16/2019 9.2 Consultation with Local Administration Consultation with project woreda administration offices (Adami Tulu and Arsi Negele woredas) was conducted on May 20/ 2018 and May 19/2018 respectively. The local administrators consulted confirmed that from a socio-economic benefit point of view the project is a high priority agenda both for national and local level development endeavors. It is expected to have considerable benefit for socio-economic development of their localities and address transportation and communication problems.
All the local administrations pledged to play their due part/role during the construction and operation period of the project. The proposed role includes:
. Facilitation of public participation and coordination of the local community to be involved as required. . Involvement in the land acquisition process to facilitate the implementation of appropriate mitigation measure, . Assuring the security condition in the respective localities, . Dissemination of information to the local community, and . Provision of land for the contractor’s camps. Mitigation Measures Proposed During the Consultation
While discussing the expected positive and negative implication of the proposed road project, participants have also proposed the following measures to minimize the unwanted negative impacts.
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. Appropriate compensation for project affected persons. . Timely orientation and information to construction workers about the local norms and expectations to be fulfilled. . Promote the local community to participate in project activities with a sense of responsibility. . Give propriety for employment to PAPs and local community. As their final word, the woreda authorities and community representatives stated that the community is willing to participate in the project activities to facilitate the construction and ensure the project sustainability. This includes inculcating sense of ownership on road facilities and extending cooperation in all development stages. They also proposed that community representatives should be involved in committee to be formed for such tasks as compensation and grievance redressing. See annex 5.
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Table 9- 1: Summary of Public consultation held on May 15/2019 and May 16/2019 Number of Main Agenda Issues Raised by the Response given for the Concerns of Date Place Participants/Representation Concerns Participants Participants/consensus reached Organization M F Total
Consultation Compensation issue The woreda officials clarified those PAPs with PAPs and for the farmland who do not have official land certificate, local falling within the need to contact woreda land authorities on RoW; administration and obtain at least the project Compensation for temporary land certificate. Regarding the the aces road to be compensation for access road, the woreda impact and ERA 1 - 1 disrupted by the road official clarified that no compensation will compensation construction; be paid for the access roads to be ER Office 1 - 1 related issues Compensation for interrupted by the road construction. Arsi Negele 2 - 2 houses located just However, underpasses and overpasses will outside the road be constructed in locations agreed with the woreda Officials right of way; about community and become part of the project May Daka Hora Kebele Officers 2 - 2 PAPs who do not design. The land required for these 15/2019 Kelo Kebele have land certificate constructions is acquired as part of the PAPs 34 2 36 (whether they can main road and included in this RAP. get compensation or
not) Regarding the issue of relocation of houses Contractor 2 - 2 situated close to the RoW but outside the RoW limit, it was clarified that there will be Total 42 2 44 no relocation and will not be compensated. Finally, participants after discussing the issues in detail, agreed to cooperate with the project and allow to relocate properties situated along the road alignment if appropriate compensation is paid for the affected properties.
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Number of Main Agenda Issues Raised by the Response given for the Concerns of Date Place Participants/Representation Concerns Participants Participants/consensus reached Organization M F Total
Consultation About the issue of The woreda official clarified that the road with PAPs and road realignment to alignment will not be changed because local exclude grave yards; changing the alignment will technically authorities on Compensation rate affect the road quality and create more the project for graveyard; impacts upstream and downstream, impact and Whether PAPs who including on graveyards. Regarding the compensation do not have land compensation rate for different graves with ERA related issues certificates are curved stones, the woreda official replied 1 - 1 entitled for that the compensation rate is uniform, as ER Office 1 - 1 compensation or not; no significant difference observed. Compensation for Regarding the PAPs who do not have Dakdalu- Arsi Negele May 2 - 2 trees situated within official land certificate, the woreda officials Herangema Woreda the Row; advised the PAPs to contact woreda land 15/2019 Kebele Officials About the number of administration and obtain at least road crossings; temporary land certificate. About number PAPs 28 3 31 On houses located of road crossings, it was replied that road Total 32 3 35 close to the RoW but crossings have been proposed considering situated just outside the existing functional access roads into the RoW limit. account. Regarding the issue of relocation of houses situated close to the Row but outside the Row, the woreda official replied that the 90 m RoW is enough for the road construction and any house or property situated outside the RoW will not be affected and will not be compensated.
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Number of Main Agenda Issues Raised by the Response given for the Concerns of Date Place Participants/Representation Concerns Participants Participants/consensus reached Organization M F Total
As above About PAPs who do The woreda official clarified that the road not have land alignment will not be changed because certificates; changing the alignment means much more ERA Compensation for negative impacts elsewhere. In addition, it trees; compromises with technical parameters of ER Office 1 - 1 About the issue of the road. PAPs who do not have official Arsi Negele 1 - 1 road realignment to land certificate, advised to contact woreda Woreda exclude grave yards; land administration and obtain at least Hada Boso, Officials 1 - 1 Compensation for temporary land certificate. Regarding the May Galef Kelo labour invested on compensation for trees, the woreda Kebele officials 16/2019 and Gubeta land preparation for representative confirmed that Arjo kebele PAPs 3 - 3 crop; compensation will be paid for trees. He also informed that compensation estimate Contractor 76 20 96 Number of years will consider labour and effort invested on Total 3 - 3 considered for the farm already prepared for the crop. It compensation was also explained that compensation for 85 20 105 Issue of bisecting of the affected cropland will be paid taking farm land by the into account the existing legal practice. express road and its accessibility
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10 METHODOLOGIES IN VALUING LOSSES
In this updated/addendum RAP, the methodology for valuing assets will be based on at Full Replacement Cost. Compensation will be based on Replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement Replacement costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on-site management practices and thereby prevent damage.
The replacement cost approach involves:
. Direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement,
. Net depreciation (depreciation should not be considered), . Moving expenses, and . Other transaction costs including administrative and title deed costs.
World Bank’s OP 4.12 defines replacement cost, “method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transition costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.”
The replacement cost to land and structures is defined as shown in the following table for the different land use type, such as, agriculture, urban and rural land.
10.1 Replacement Costs for Land, Houses & Public Infrastructures
Table 10- 1:Replacement cost by type of impact
No. Agricultural Land For Public Infrastructure For Houses
I. Five years’ average income from It is the pre-project or pre- It is the replacement cost of the the yield on the affected land displacement, whichever is materials to build a replacement (with multiplier of ten years) higher with similar or structure (house) with an area improved public and quality similar to or better infrastructure facilities and than the affected house, or to services and located in the repair a partially affected house vicinity of the affected area II. Replacement value of land of The cost of any registration The cost of transporting building equal productive potential or use and transfer taxes materials to the construction site located in the vicinity of the affected land III. The cost of land preparation to The cost of transporting buildingThe cost of any labour and levels similar to those of the contractors' fees affected land IV. The cost of any registration and The cost of any labour and The cost of any registration and transfer taxes contractors' fees transfer taxes
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10.2 Basis for Valuation The basis for the valuation of affected assets and properties is Gross Current Replacement Cost (GCRC). ERA’s RPF defines Gross Current Replacement Cost as ‘the estimated cost of erecting a building as new having the same gross external area as that is existing with the site works and services on a similar piece of land’. The valuation process will also consider the use of “compensation value” for affected properties.
The valuation of affected assets and properties was carried out by woreda property valuation committee, according to Proclamation No. 455/2005, on the basis of valuation formula adopted at the national level as well as OP/BP 4.12.
In order to provide PAPs with adequate compensation for assets and properties they will be losing, proper valuation will be undertaken by the valuation committee. The valuation committee, in close consultation with PAPs and in collaboration with woreda administration will prepare the unit rates for the affected assets to be determined on the basis of market value. See annex 4 for the unit rates obtained from project Woredas.
10.3 Valuation for Houses Compensation procedures for houses are established in consultation with the woreda property Valuation/Compensation Committee.
In determining replacement cost for loss of houses, the following points are taken into consideration;
- Current construction cost and no deduction for deprecation is considered;
- Depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset;
- The unit rate (or bill of quantity) is estimated on the basis of the type of the affected houses. The cost of each house to be replaced is estimated on the basis of specification and bill of quantities prepared by the woreda and kebele administration. The unit costs for the similar types of houses are taken to be identical.
- If the affected house is in urban areas which is “payable to an urban dweller”, it may not be less than the current cost of constructing a single room low cost house in accordance with the standard set by the concerned region.
Those PAPs losing portion of their house will receive full compensation payment since the remaining portion of the house will not be habitable anymore and hence, PAPs need to construct new houses, in addition, these PAPs will have the choice of retaining the remaining portion of the plot as long as it is located outside of the ROW.
PAPs losing their whole house, with no enough plots to construct new houses will be relocated to new places that are not far away from their current location or villages and will also receive full compensation payment. In this particular case, 29 households with 37 housing units will be relocated within adjacent areas that have similar socio-environmental condition and social amenities.
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10.4 Valuation for Agricultural/Grazing Land The principle for permanent loss of agricultural land /crop loss/ is that it should be compensated with land for land compensation (or land for land replacement) in those areas where land is available for replacement. In the extent at which the agricultural land lost cannot be replaced, the principles for monetary compensation will apply.
Cash compensation will be paid for permanent loss of crops and trees. The compensation rates for loss of trees and crops from lost agricultural land are established by the woreda agriculture offices. This includes production and yield estimate and replacement value data collected for five years. To compensate the forgone benefit and income from agricultural land, cash compensation is the only option.
FDRE Proclamation No. 455/2005, Article 8 (displacement Compensation) No. 1 states that; “A rural landholder whose landholding has been permanently expropriated shall, in addition to the compensation payable under article 7 of this proclamation, be paid displacement compensation which shall be equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land”
The principle of compensation also follows that of income restoration of PAPs. According to the five-year average crop budget and gross income is calculated and the proportion of income equivalent to land loss is determined. In the case of fruit trees, the calculation will take into account a major interruption of the income series after a tree has reached its economic limit of life and a new tree planted instead will have reached its fruit bearing age. 10.5 Valuation formula for Perennial Crops
Table 10- 2: Perennial crops Crops Ripe perennial crops Unripe perennial crops The total area of the land in Annual yield in kg per No. of plants (legs) hectares hectares Value of the crops per kg Current price of the Cost incurred to grow an individual produce plant Estimated Produced Quantity Per Estimated Produced Cost of permanent improvement on hectare Quantity Per hectare land A PAP whose agricultural land is expropriated for the project road will be compensated as per proclamation No. 455/2005, which provides displacement compensation for rural landholders whose lands expropriated permanently that amounts ten times the average annual income secured during the five years preceding the expropriation.
10.6 Valuation for Public Utility Lines Public utilities that will be affected due to the construction of the road segment between km 130+965 and 149+950 include electricity poles and water pipe lines.
ERA will be responsible to notify the appropriate authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The relocation of the affected public properties is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works.
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11 COMPENSATION COST ESTIMATE 11.1 Affected Houses and Compensation Cost Estimate Constructions of the road along the road segment from km 130+965-km 149+950 will affect 37 housing units. Out of the total affected houses, 26 houses or 617.94 m2 are CIS roof houses with mud wall, followed by 11 thatched houses with total size of 62.91m2. The affected houses are estimated on the basis of the current replacement unit cost for compensation provided by woreda level relevant sector offices.
Impact on residences will not require full resettlement, but will involve shifting the residence to a different portion of the property (out of the RoW) within the vicinity. The number of housing unit and compensation cost for the affected houses along the road segment is summarized in Table 11.1.
Table 11- 1: Houses Affected at 90m ROW and estimated compensation cost No. of Area of affected Unit Rate Sub Total No. Type of affected house affected house (m2) ( ETB) ETB houses 1 Tukul/Thatched roof house 11 162.91 1019.98 166,164.94 2 CIS Roof House with Mud Wall 26 617.94 2248.54 1,389,462.81 Total 37 780.85 1,555,627.75
11.2 Compensation Cost Estimate for the Affected Farm and Grazing Land As it is stated in section 4, the findings of the inventory of properties showed that the project road will affect a total 163.328ha of farm/crop land and 13.642 ha of grazing land. The total budget required for compensating farm and grazing land affected by the road segment considering permanent loss is estimated to be ETB 166,305,579.31. See table below. Table 11- 2: Estimated Compensation Cost of Affected Land Products Types of Area (Ha) Average Productivity Average Unity Compensati Total Affected (Quintal per Ha per Price (ETB per on Years Compensation Land Year) Quintal) (ETB) Farm Land 163.328 52.9 1662.72 10 143,659,859.31 Grazing Land 13.642 200 830 10 22,645,720.00 Total 166,305,579.31
11.3 Affected Trees and Estimated Compensation Acacia trees are the major type of trees that will be affected by the project road. It is estimated that a total of 11,465 trees will be removed from the RoW along the road segment. Tree species affected other than acacia include jatropha, kulkal and fruit trees like Banana and Papaya. Unit rate for very big acacia tree is birr 3000, for big tree 2500, for medium 2000 and for small acacia trees 1500. Unit rates are provided by the woreda agricultural office.
The compensation budget requirement for the affected trees is estimated to be ETB 20,987,800. See Table 11.3 for the detail.
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Table 11- 3: Estimated Compensation cost for the Affected Trees Type of Tree Size Number Unit Rate in ETB Sub Total in ETB Acacia Very Big 6 3000 18000 Acacia Big 930 2500 2325000 Acacia Medium 4421 2000 8842000 Acacia Small 5976 1500 8964000 Kulkual/Cactus sp Small 4 175 700 Jatropha Small 31 1100 34100 Banana Big 60 6,000 360000 Papaya Big 37 12,000 444000 Total 11,465 20,987,800
11.4 Compensation for Public Utilities The relocation of utility lines is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works, in order to avoid delaying the contractor. ERA will be responsible to notify the appropriate regional and woreda authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The owner of the utility line shall relocate the utility lines within 30 days of from the date of receipt of the compensation payment.
To quantify the compensation cost estimate of public utilities (Water pipes lines, and electric poles), the following parameters are adopted.
. The number of poles to be removed . The length and volume of wires are also considered . The cost of water pipe supply, proper dismantling work, pipe trench excavation, pipe-laying works. . Finally, all sorts of back fill works with proper re-alignment and surveying works is also considered.
Inventory of public utilities as indicated in section 4 identified one concrete electric poles, 7 wooden poles and 720 m water pipe line. Cost estimate for these utilities has been estimated taking the above- mentioned factors into account and also based on the experience from similar projects of ERA. Accordingly, the relocation cost of utilities is estimated to be ETB 675,000.00 Table 11- 4: Estimated Compensation cost for the Affected Utilities
Affected Utility Unit (piece) Compensation Per Piece (Birr) Total (Birr) Concrete pole 1 15,000 15,000.00 Wooden pole 7 12,000 84,000.00 Water pipe line (180m) 720 800 576,000.00 Total 675,000.00
11.5 Compensation for Graves Within road section under consideration a total of 222 graves are encountered at four different locations/kebeles. Removal of these graves from RoW will require cost for relocation and for religious ceremony. The cost agreed with close relatives of the graves is 6250 birr per grave, which makes the total cost of relocation and religious ceremony required during relocation of the corps is ETB 1,387,500.
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Table 11- 5: Estimated Compensation cost for the Affected Graves S.No Name of Kebele Number of Graves Unit rate Sub Total at each location 1 Daka Hora kelo 2 6250 12500 2 Daka Dalu Harngema 150 6250 937500 3 Hada Boso 10 6250 62500 4 Galef Kelo 60 6250 375000 Total 222 6250 1,387,500
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12 COMPENSATION PROCEDURES & APPROACH
The strategy adopted for compensation of the affected properties / assets follows the FDRE laws and regulations, and that of WB policy and procedures. The compensation procedures and approach in this RAP will adopt the following three steps.
Establishment of Property Valuation Committees: Property valuation committees will be established/revitalized both in rural and urban areas that are traversed by the project road, Zeway-Arsi Negele, LoT-3. The composition and number of the committee members will be as per FDRE law. The property valuation committee for rural and urban areas will be different. The property valuation committees will provide PAPs with adequate valuation of affected properties and assets and estimates the compensation for the assets they will be losing; proper valuation will be undertaken by the valuation committee.
Assessment of Properties & Assets: All properties & assets affected by the project road will be assessed at a full replacement cost, which is based on the current value of replacement.
Establishing Unit Rates: The unit rates have been established for each of the affected properties by the woreda compensation committee based on the country’s compensation law. In preparing the valuation average costs will have to be assumed. It should be noted that costs of construction vary from one locality to the other.
The compensation procedure and approach will be determined on the willingness and readiness of owners of a resource to give up their rights.
Compensation payment to PAPs will be effected after the property valuation committee makes the final estimate of compensation payable for the affected properties at a full replacement cost and finally paid by ERA’s Regional Directorate.
Payment to affected properties and assets will be effected before the commencement of the road construction works. The payment procedures and mechanisms to be adopted will be simple and easily understandable to PAPs. Compensation payment will address the following four questions.
- what to compensate for (e.g. land, structures, businesses, fixed improvements or lost income); - how to compensate; - when to compensate; and - Amount to be compensated. Compensation for structures, business, fixed improvements on farmland and other temporary impacts are based on among other things on replacement valuation, production & productivity valuation, material and labour valuation approaches.
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13 GRIEVANCE REDRESS MECHANISM
A grievance redress mechanism (GRM) is expected to outline procedures to respond to project-related grievances in an efficient and effective manner. As per OP 4.12 of the WB, GRM should be accessible and appropriate to bring about remedial measures for complaints. Appropriateness and Accessibility basically signifies the need to have a workable GRM arrangement tailored to local context. Without these main ingredients of GRM, complaint procedures will have no expected outcome in redressing grievances. In case of complaints that arise by PAPs on project related activities, the preferred way of settlement is through amicable means so as to save time and resources as opposed to taking the matter to formal courts.
To ensure that the PAP have avenues for redressing grievances related to any aspect of compensation, construction management negligence, and any other relevant project related matter procedures for the redress of grievances should be established for the project. The objective is to respond to the complaints of the PAP efficiently; i.e. the mechanism to be easily accessible, transparent and fair and to avoid the need to resort to complicated formal channels to redress grievances. Accessible and appropriate GRM not only help to have more effective and efficient procedure but it also has strong bearing on the project implementation progress, as PAPs grievances tends to thwart timely accomplishments of project activities.
In case of the road project under consideration, GRC already formed in Arsi Negele Woredas to deal with project related grievances by PAPs. The composition of project- initiated GRC is indicated below:
Table 13- 1: Name and Responsibility of GRC Members (Arsi Negle Woreda) No Organization Responsibility Name 1 Woreda Administration Chairperson (Focal Person) Mr.Edosa Genem 2 Land Administration Secretary Mr.Adam Aley 3 Finance Member Mr.Tadale Agibo 4 Labour and Social Affairs Office Member Mr.Kemal Mohammed 5 Women and Children Affairs Focal Person for Gender Ms.Hawa Tuse Office and GBV 6 Environmental Protection Office Member Ms.Zinaye Girma 7 Religious Leader Member Mr..Abdulkemal Kider 8 Elders Member Mr.Gishe Dinsa 9 PAP’s Representatives Member Mr.Abriham Bulo Ms.Gete Burka 10 Kebeles Representatives 10.1 Daka Hera Kelo Kebele Mr.Jebichi Rebi 10.2 Gale Kelo Kebele Focal person for each Mr.Yeyiso Ebo 10.3 Gubeta Arjo Kebele Kebele Mr.Wondi Abrham 10.4 Hoda Beso Kebele Mr.Kewate 10.5 Daka Hargame Kebele Mr.Gelechi Dibo
Procedure
• Complainants can log/file their complaint(s) in written form, verbally, through telephone call, text message or any means of channels convenient to them. • Complain to be registered in a format prepared for the same purpose. • The filed complaint(s) need to be itemized, clear and concise with remedial suggestions
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• Present the form for the relevant designated officer (first contact point, in this case secretary of the Grievance Redress Committee-GRC) • Address of the PAP or PAPs (Telephone, kebele, etc)
Special Procedures to Address Issues Related to GBV
For the GRM to effectively address the issues/incidents related to sexual exploitation and other forms of gender-based violence, the project in general and the Woreda level GRC must set proactive mechanism functional throughout the project cycle. In this regard, the Woreda Women and Children Affairs Office head will be the focal person on issues related with sexual exploitation and other forms of gender- based violence. The following are the working procedures of the Woreda Women and Children Affairs Office to handle GBV in the project area.
The respective Woreda Women and Children Affairs Office should get the capacity building/Training on key principles of GBV/SEA case management including confidentiality, non-judgmental, best interest of the survivor, services and referrals, Establish a proper channel to receive reports or project-related risks of sexual harassment and GBV i.e. the risk factors that exacerbate or expose people to GBV; Conduct awareness raising campaign regarding the risks of GBV to both men and women in the project area; and key principles of GBV/SEA case management including confidentiality, non- judgmental, best interest of the survivor, services and referrals, The respective Woreda Women and Children Office representative in the Woreda GRC will be the focal point who can confidentially receive complaints or reports from the survivors through various forms of uptake channels including telephone call (hot line if any), text message, email, face-to-face, and others. The Woreda Women and Children Affairs will immediately (maximum 24 hours) communicate the complain to ERA. ERA will report the case to the World Bank, The Woreda Women and Children Office will not investigate the GBV/SEA case. Rather, maintaining the key principles of GBV/SEA case management including confidentiality, non- judgmental, best interest of the survivor will report the case to ERA, facilitate survivors to services and referrals, The GBV/SEA case will be investigated, and further information will be collected by GBV/SEA specialists based on the scope of risk involved, Record all the reported incidents based on the level of risks and follow-up or track the response process of the referred agency or court until the achievement of satisfactory resolution.
Obligation of the GRC
• Check the complaint is project-induced • Registering all complaints and organize them properly (Secretary of the GRC) • Forwarding the case to the committee • If it is not settled by the GRC, inform/forward the same to project owner /client • Feedback from the project owner to be communicated • Feedback /or GRC committees’ decision should be communicated to the PAP(s) at a maximum of 30 working days. • Amicable dispute settlement continues to be explored
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• In case amicable arbitration not working, PAP (PAPs) can use their own right in formal court procedures • As it has been repeatedly mentioned, the GRM should be based on the core principles of: fairness, objectiveness, simplicity (localized and contextual), accessibility to PAPs, responsiveness and efficient. In addition, GRM should not only deals with compensation issues, rather it also takes into account all other project –induced complaints partly listed above. • Capacity building and awareness creation interventions for local level GRC and Compensation Committee are essential. The project owner/client is expected to facilitate such trainings for better performance of the project at large.
The following steps will be followed in order to achieve consensus for any grievance related to any aspect of the project.
Stage One • PAPs can complain orally or in writing to the Woreda Property Valuation Committee (WPVC). If it is an oral complaint, the WPVC must record the complaint in writing and must respond to the complaint within one week. If the complaint is very difficult to deal with by the WPVC for approval, respondent of the WPVC to the complaint must be provided within one week. Stage Two • If the respondent to the complaint at Stage one cannot satisfy the PAPs, PAPs can appeal to Grievance Redress Committee (GRC) within another one week after the receipt of the respondent to the complaint, and GRC at woreda level must respond to the appeal within two weeks. Stage Three • If PAPs are still not satisfied with the respondent at the Stage Two, PAPs can appeal to the court after receipt of the respondent for final decision.
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Figure 13- 1: Project Affected Persons (PAPs) Grievance Resolution Channel- Compensation related Grievance
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Figure 13- 2: Project Affected Persons (PAPs) Grievance Resolution Channel- Non Compensation related Grievances
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14 DISCLOSURE OF RAP AND SCHEDULING 14.1 Disclosure of RAP Public disclosure of the RAP has to be made to PAPs and other stakeholders for review and comments on entitlement measures and other issues in the implementation of the RAP. The purpose of the disclosure is to receive comments and suggestions from PAPs and incorporate appropriate suggestions.
The main RAP for the whole road section (57.1km) has already cleared and approved by the government of Ethiopia and the WB in 2015 and the update will be disclosed in a form, manner and language comprehensible to PAPs and at a place accessible to the displaced population and other stakeholders for review and comments on entitlement measures.
ERA will disclose and post this updated RAP in its websites and receive comments. Comments and critiques made on the RAP by PAPs and other stakeholders will be taken by ERA for consideration.
ERA will also conduct a half day workshop in the project area for the PAPs, stakeholders, representatives of civil societies, local leaders with the objective of disclosing the RAP.
The Public disclosure of this RAP will be made in Amharic and Oromiffa languages. This could be done; by publishing it in official Newspapers of both at the Federal Government Newspapers and also in the Regional Government Newspapers; depositing / posting it in a range of publicly accessible places; such as, woreda offices, municipalities and kebele administration office. Once it is disclosed, the public have to be notified through administrative, community and clan structures about the availability of the RAP documents and be requested to make their suggestions and comments.
This RAP also will be cleared or approved by the GoE and the WB; and disclosed in ERA’s official website as well as the WB External website to receive the opinion and suggestions civil societies, academics, other professionals as well. Any changes to this document will follow the same clearance and disclosure protocols.
14.2 Scheduling A schedule for implementation of resettlement and compensation activities is included in Table 14.1. The schedule is related to the implementation schedule for the Project. All compensation and resettlement for each component of the Project must be completed satisfactorily, income restoration measures in place and the construction area free of all impediment before commencement of civil works for that component.
The main objective in implementing this schedule is to ensure that compensation for land acquisition and lost assets is disbursed in time to enable affected households to construct dwellings and to restore livelihoods, and for affected public services to be fully reinstated prior to the commencement of the Project.
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14.3 Compensation Delivery Mechanisms The implementation of resettlement and compensation activities should follow series of activities. The following are activities of compensation delivery mechanisms before commencement of construction to ensure the participation and consultation of PAPs, namely:
- The establishment of the property valuation committees; - The establishment of Grievance committees - Confirmation of project effects based on detail engineering survey, design and construction plan - Carry out final survey and prepare revise inventory of PAPs. - Declaration of cut- of- date for inventory PAPs. - Carry out further community consultation on revised inventory of PAPs - Dissemination of relocation information and details of land acquisition activities - Negotiation between PAPs and the Compensation and Relocation representatives regarding acquisition and the type and measurement of structures and land parcels; - Holding village meetings to decide upon the location of new house sites, and agree accommodation access arrangements throughout project area. - Notify PAPs of the project, effects and compensation and other entitlement and grievance measures. - Compensation arrangements and income restoration measures - Compensation rates are worked our based on the current replacement values - Compensation rates will be sent to PAPs - If there is an appeal then negotiation shall be carried out. - Finally, the compensation amount will be sent to the PAPs through Bank account of the PAPs individually. The timing of these activities is designed to allow the executing agency time to respond to practical and useful suggestions made by PAPs and to respond to, and resolve, grievances. LRP need assessment and plan preparation will commence on January, 2020 and will be completed within three months period while the implementation will start on July 2020.
Table 14- 1: Proposed Implementation schedule of RAP
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15 COSTS AND BUDGET
15.1 RAP Budget An itemized budget is required for the implementation of this RAP including compensation payment for PAPs. An indicative cost and budget is prepared for compensation payment of affected properties and also budget for the implementation of the RAP including an estimated 10% contingency. The RAP budget specifies the mechanisms for transferring and channeling funds to responsible organizations and agencies, for disbursement to PAPs. Hence, the total estimated cost and budget will be a total of ETB 210,409,657.77.
ERA will be responsible to disburse, administer and oversee the overall budget. At woreda level, the woreda property valuation committee in collaboration with ERA’s Regional Directorate ROW Team will be responsible for facilitating compensation payment and relocation activities. The details of the budget preparation and justifications are summarized below for each category; namely, compensation payment for affected properties and assets, rehabilitation support for PAPs, and management cost.
15.2 Compensation Payment Summaries of compensation for houses, affected farm, grasses trees and relocation of utility lines plus graveyards are detailed below: Table 15- 1: Summaries of Compensation Amount Description of Affected Property Compensation amount [ETB} Houses 1,555,627.75 Land Products 166,305,579.31 Trees 20,987,800 Public Utilities 675,000.00 Graves 1,387,500 Sub Total 190,911,507.06
15.3 Additional Support Additional support for vulnerable people: Cost for vulnerable people support is estimated for Eight (8) PAPs at a cost of Birr 10,000 each will be ETB 80,000.
Relocation & Shifting Assistance: ETB 290,000.00 is allocated for relocation and shifting assistance for 29 HHs those who lost houses at the rate of 10,000 Birr per household. Legal & Administrative costs: This includes legal fees, administrative costs, tax, land registration and related costs. A lump sum of ETB 15,937 is estimated for the road section under consideration. 15.4 Project Management & Running Costs Legal & Administrative costs: This includes legal fees, administrative costs, tax, land registration and related costs. This budget is included in the updated RAP for Km 125+840 to Km 130+965 (5km) for the whole project road, and it is not considered in this RAP to avoid double counting.
Budget for internal monitoring: budget for internal monitoring has been also included for the whole road section in the updated RAP report prepared for Section from Km 125+840 to km 149+950.
Budget for property valuation committee: This budget also included in the updated RAP report prepared for section from Km 125+840 to km 149+950.
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Budget for GBV management and SEA Cost: The budget allocated for the whole section is presented in the RAP for km 116+700 to km 125+800 and here it is excluded to avoid double counting
Budget for Property Valuation Committee: budget for property valuation committee has been included for the whole road section in the updated RAP report prepared for Section from Km 125+840 to km 149+950, and as such excluded from this RAP.
The following table summarizes the total amount of the fund (or compensation estimate) that is required for the implementation of this RAP by its cost item. The budget is divided into different categories. The first category deals with compensation payment, the second section with rehabilitation support and the third category is for project management / administrative costs.
Table 15- 2: Budget for implementation of RAP within the road segment from km 130+965-km 149+950 A. Compensation Costs Estimated Costs [ETB] Remark Compensation for House 155,627.75 Compensation for Crops/Cropland 143,659,859.31 Compensation for Grazing land 22,645,720 Compensation for Trees 20,987,800.00 Compensation for Public Utilities 675,000.00 Cost for Relocation of Graves 1,387,500 Sub Total 189,511,507.06 B. Relocation Support Relocation and Shifting Assistance for House Owners 290,000.00 Cost for supporting vulnerable people 80,000.00 HIV/AIDS Awareness and Prevention - Works Contract7 Gender Mainstreaming including GBV Management For Whole Section8 - Cost Include on 5Km Legal & Administrative Costs - RAP9 Sub Total 370,0000 C. Project Management & other costs Costs for Property Valuation Committee - Include on 5Km Cost for Internal Monitoring - RAP10 Sub Total - Total (A+B+C) 191,281,507.06 Contingency 10% 19,128,150.71 Grand Total 210,409,657.77
7 The STD and HIV/AIDS Alleviation program is under implementation by the Contractor as per the Employer’s Requirements [ Works Contract] 8 This estimated amount is allocated for the whole section on the 9 Km RAP [Km:116+700~Km:125+800] 9 This budget is indicated on Cleared Segmental 5Km RAP [ Km125+840~Km:130+900] 10 This Cost for the Whole Section of the project is s indicated on Cleared Segmental 5Km RAP [ Km125+840~Km:130+900] Updated RAP, Km:130+965 to Km:149+950 Page:91 SBI International Holding Ag, (Ethiopia).
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The above cost and budget estimate is prepared on the basis of the requirement as compensation payment for PAPs and also the budget required for implementing this RAP.
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16 MONITORING, EVALUATION AND REPORTING 16.1 General This monitoring and evaluation process should be an integral part of this RAP and will be a device for overseeing the implementation of RAP and the extent to which it complies with the recommendations set out in the RAP. Lessons learnt from the monitoring and evaluation results will be used to enhance the preparation and implementation of future resettlement action plans.
The monitoring and evaluation process should be as much as possible participatory whereby all the stakeholders namely PAPs, woreda, municipality and kebele administrations are involved.
16.2 Internal Monitoring The overall objective of internal monitoring is to ensure that implementation complies with the approved RAP. The specific objectives are to:
. Check the achievement of the acquisition and resettlement process against the planned time schedule and budget; . Ensure that the channels of communication and consolation between the administrators and affected persons have been established and are operational; . Ensure that compensation payments for affected persons are paid in full and in a timely manner; . Verify that the processing of grievances has taken place within the given time limits; . Closely watch the adherence to lawful approved allocation of acquisition and resettlement funds so as to ensure the absence of corruption
Internal monitoring will be the overall responsibility of the resettlement implementation agency (ERA). The day-to-day field supervision is to be conducted by the Employer’s Representative /Resident Engineers safeguard staff (sociologists and environmentalists) and reported in the monthly and quarterly progress reports, which are subject to review by ERA.
Municipality and kebele level reports will be prepared on a monthly basis to be submitted to the woreda administration, so that remedial action is to be taken by higher-level entities
16.3 External Monitoring The key indicators for external monitoring will focus on outputs and impacts. A regular supervision is expected to be done by other Federal and Regional level entities. Such supervision is expected from the high-level political bodies (parliamentarians) federal audit agencies, federal environment and climate change commission, regional environment protection agency /commission and other relevant sector offices, etc. They conduct the visit as per their own schedule and arrangements. As experience elsewhere in the Country shows, such regular supervision encompass evaluation of the general project progress and the implementation of environmental and social mitigation plan as well as issues related to compensation, grievances , relocation etc.
In addition, an independent consultant has already been hired to strengthen the external monitoring of ERA (in addition to the day to day monitoring by the Resident Engineer’s office). Based on such
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information, ERA will continuously take stock of all expropriation and compensation reports and discuss them on regular basis. ERA will produce quarterly progress reports
The monitoring process is an integral part of the RAP and it will oversee the re-establishment process of the Project Affected People (PAP). It will be a compliance monitoring and will assist to follow the type of measures incorporated in RAP documents and the extent to which recommendations on these matters, as set out in the RAP are complied with. It is the objective of ERA to use lessons from the monitoring and evaluation results to enhance the preparation and implementation of resettlement action plans.
16.4 Monitoring Plan The monitoring and evaluation process should be participatory monitoring and evaluation including all the stakeholders (PAP, zonal, woreda and kebele administrations, NGOs, other Government organizations and host communities).
ERA will be responsible to monitor and evaluate the compensation and RAP in consultation with the hired consultant and if necessary, with woreda/municipality/kebele administration offices and the PAP by adopting the following process and output indicators:
1. Pre-construction Phase:
. Monitor whether the compensation is made according to the compensation law of the country.
. Ensure proper implementation of RAP as per the RAP implementation time schedule
. Ensure re-establishment of Public infrastructures and social services
. Support and assistance to vulnerable groups and women
2. Construction Phase
. Compensation to be made for additional land requirement . Restoration and restitution of PAP in the new site . Contractor operates within the boundary of handed over area . Appropriateness of grievance redress mechanism 3. Post Construction Phase
. Ensure that land taken temporarily is well restored and returned to PAPs . Evaluate PAPs’ socio-economic situation vs. a baseline situation
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Table 16- 1: Output indicators with tentative implementation timeframe Activity Time Frame Indicators Establish RAP Three to five months Number of functioning committees Implementation Committees before handing over (property valuation and GR at all levels project to the Contractor committees) in the two Woredas Conduct workshop for the RAP Implementation Week two after Number of awareness creation Committees and local committee has been sessions for woreda level authorities concerning the established committee members process and responsibility Confirm compensation and Number of agreed PAPs; number of rates and relocation options From week three to week agreed and signed documents on through consultation with seven compensation rates and amounts RAP IC and the woreda and sent to the Project Client administration From week four to week Number of PAPs received Payment of Compensation nine compensation From week four to week Provision of land Number of PAPs received land nine From week four to week Number of new houses constructed Construction of new houses twelve on the relocation sites Installation of utilities for Number of households having From week four to week PAPs (electricity, and services from the newly installed ten telephone) functioning utilities Relocation of public utilities From week one to week (electricity and telephone) by Number of newly installed utilities five service providers
The monitoring report by the RAP-Implementing Committee will be submitted to the local authority (woreda for rural areas and municipality for towns). A copy of this will be submitted to the Zone and Regional State Bureau of Land & Environmental Protection and by the ESMT of ERA. It will also be enclosed in the construction progress reports submitted by supervising engineers. Only in this way can RAP implementation be monitored and problems identified and quickly resolved.
The main purpose of monitoring will be to verify:
. If actions and commitments described in the RAP are implemented. . If eligible project affected people receive their compensation prior to the civil work. . The magnitude of RAP actions and compensation measures in restoring and improving pre- project livelihoods and lost incomes. . If complaints and grievances forwarded by project affected people are followed up and appropriate corrective measures are taken. . If necessary, changes in RAP procedures are made to improve delivery of entitlements to PAPs. . If compensation disbursement is made to correct parties. . The physical progress of resettlement and rehabilitation.
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. Restoration of social services and amenities. . Special care and assistance provided to social groups in need of additional assistance. All Monitoring and Evaluation Reports including Monthly and Quarterly Implementation Status Reports will be submitted to the World Bank on regular basis.
16.5 Monitoring and Evaluation of the GRM Monitoring and evaluation (M&E) are a process that helps to improve performance and achieve results or meet the project development objectives. In the course of RAP implementation, M&E is used for measuring the effectiveness of the grievance redress mechanism and the efficient use of resources, and gauging benefit enhancement measures to enhance social protection at large. Monitoring helps to identify common or recurrent claims that may require structural solutions and enables the project to capture any lessons learned in addressing grievances. Monitoring and reporting create a database of information that can be used by the project to give information back to communities. For this project purpose, GR offices have been established in each project woredas and kebeles. The Project office supported their establishment (provision of some office gadgets, etc.). Trainings for GRC has already been given; a log book to file cases has been introduced; suggestion boxes introduced in each offices; and a focal person is designated as a frontline staff to entertain grievances. The Project office (ER office) to collect grievances from log books and boxes weekly and to be discussed with the relevant stakeholders for possible redressing of complaints as well drawing lessons. Log books, and suggestion boxes are expected to be major monitoring tools. ERA’s Women and Youth Directorate will assume lead role to undertake the internal monitoring on gender related issues. In addition, an independent monitoring consultant is already on board to conduct internal monitoring on social, environment and occupational health issues including on GBV and SEA.
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REFERENCES 1) ERA, Environmental and Social Management Manual Vol. I & II, 2008.
2) ERA, Environmental Procedure Manual, 2001.
3) ERA, Workplace HIV/AIDS Policy, 2004.
4) ERA, Road Safety Audit Manual, 2004.
5) ERA, Resettlement/Rehabilitation Policy Framework, December 2006 6) FDRE,
Constitution of Federal Democratic Republic of Ethiopia, 1995.
7) FDRE, National Policy on Women, March1993.
8) Ministry of Women’s Affairs, National Plan of Action for Gender Equality, 2006.
9) FDRE, the Environmental Policy of Ethiopia, 1997.
10) FDRE, A Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002).
11) FDRE, Proclamation on expropriation of land holdings for public purposes and payment of compensation (Proclamation No. 455/2005).
12) FDRE, Federal Negarit Gazeta, Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002).
13) FDRE, Federal Negarit Gazeta, Proclamation on Rural Land Administration and Land Use (Proclamation No. 456/2005).
14) FDRE, Federal Negarit Gazeta, Council of Ministers Regulation No. 135/2007, Payment of compensation for property situated on landholding expropriated for public purposes.
15) The EIA Guideline Document of Environmental Protection Authority (2004).
16) The Procedural EIA Guideline of Environmental Protection Authority (2003).
17) World Bank Operational Policy (OP 4.12) on Involuntary Resettlement December 2001.
18) Adami Tulu Woreda Socio Economic Profile (2012) unpublished.
19) Arsi Negele Woreda Socio Economic Profile (2012) unpublished.
20) CSA Population Projection of 2017.
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ANNEX
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
ANNEX 1: PROJECT AFFECTED PEOPLE AND ASSETS. Annex 1.1: Obstruction List and Demography of Affected Households
Attached as a separate document (please refer attachment with the email)
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 1.2: List of Households Loss Houses and Estimated Compensation Cost
Attached as a separate document (please refer attachment with the email)
Annex 1.4: List of Affected Trees and Compensation Cost Estimate
Attached as a separate document (please refer attachment with the email)
Annex 1.5: List of Affected Graves and Compensation Cost Estimate Attached as a separate document (please refer attachment with the email)
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
ANNEX 2: CONSULTATION
Annex 2.1 Consultation Plan and Report Company name: Kunhwa Engineering & Consulting Co. Issue number/version: Status: Ltd.(KUNHWA) in JV with Korea Expressway Corp.(KEC) 01 Final In sub Consultancy with ETHIO Infra Engineering Plc(#i£) Doc. No: Document name: Page 1 of 1 ZANRP/ITP/06' Public Consultation Plan
Ethiopian Roads Authority Project: Modjo-Hawassa Highway Project, LOT ill: Batu(Zeway)-Arsi Negele Project Consultant: Kunhwa Engineering & Consulting Co. Ltd.(KUNHWA) in JV with Korea Expressway Corp.(KEC) In Sub Consultancy with ETHIO Infra Engineering Plc(EiE) Contractor: SBI International Holding AG PUBLIC CONSULTATION PLAN Intended Purposes: Date of Submission of Plan May 01/2019
No. List down precisely the main issues Remarks The plan should cover but not limited to following issues 1. Who initiate the consultation The Contractor 2. Reason for need consultation For RAP preparation for km 130+965-149+950 What was the result based on record NA 3. if it was conducted previously To get public opinion on land acquisition
Disclosure of RAP inventory ( cut-off date, etc) indicating commencement of of land acquisition measurement along the indicated chainage.
4. Consultation objective Relocation issues ( for affected houses)
Participatory Approach : The PAPs, Kebele executives and woreda Strategies to conduct public administration to take lead role in the deliberation 5. consultation process while the Project staff remain as facilitators. Disclosure of RAP inventory ( cut-off date, etc) 6. Agendas of the consultation Relocation issues ( for affected houses) Extending invitation to all PAPs and representative to Methodology to select the include other stakeholders (from woreda officials and 7. participants kebele executives 8. Place of public consultation Desta Abijata Kebele ( Adjacent to Bulbula town) 9. Date of public consultation May 15 and 16/ 2019 Role of ERA Clarifying on the land acquisition measurement, 10. compensation arrangements, etc 11. Role of the Supervision consultant Participant 12. Role of the Contractor Facilitator and participant 13. Role of local government and other Participant : to clarify RAP inventory , compensation
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stakeholders process, expected role of the local government and PAPs themselves Composition & Category of the PAPs, kebele executives , woreda officials ERA, ER and 14. invited participant Contractor 15. Number of expected participants 100-150 Way of inviting the participant Direct invitation extended to woreda and Kebele 16. considering gender inclusion officials Invitation to PAPs through Kebele executives 17. Mode of Communication Telephone, direct contact ( in person) 18. The lead entity during consultation PAPs Identification of Public concerns in relation to affected PAPs, properties, relocation Proposal on required measures to address public 19. Expected results concerns 20. Type of documentation for recording Written minutes of meeting, photo , video Way of Disseminating the feedback 21. Copies of minutes of meeting and results 22. Other issues Note: this plan should be prepared in accordance with the ERA's and WB's Public Consultation guidelines. The proposed consultation presentation should be attached with this plan and submitted to Employer and Employer Representative's with official letter 15 days in advance. ______
1 Requested by Name: Signature: 2 Approved by Name Signature: 3 Authorized by Name Signature:
Company name: Status: Kunhwa Engineering & Consulting Co. Ltd.(KUNHWA) in JV with Korea Issue number/version: 01 Expressway Corp.(KEC) Final In sub Consultancy with ETHIO Infra Engineering Plc)
Doc. No:ZANRP/ITP/06' Document name: Page 1 of 1 Public Consultation Report
Ethiopian Roads Authority Project: Modjo-Hawassa Highway Project, LOT III: Batu(Zeway)-Arsi Negele Project Consultant: Kunhwa Engineering & Consulting Co. Ltd.(KUNHWA) in JV with Korea Expressway Corp.(KEC) In Sub Consultancy with ETHIO Infra Engineering Plc (EiE) Contractor: SBI International Holding AG
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PUBLIC CONSULTATION REPORT
Date of Submission of Public Consultation Report May 18/2019 Intended Purposes: Reference Plan No. The plan should cover but List down precisely the main issues Remark not limited to following issues Who initiate the The Contractor 1. consultation To discuss on RAP for km 130+965 to km Cut-off date is the 149+950: land acquisition and compensation date when the issues as well as cut-off date inventory of affected properties commenced. The date was communicated to Reason for need all stakeholders ( PAPs consultation and others) so as to inform the commencement of the inventory and no property claim to be entertained after the 2. cut-off date Comparison between The turnout rate ( especially for women) found to 3. previously held consultation be higher ) if there is any Cut-off date announced; concerns raised and Achieved Consultation discussed , public role/participation on the 4. objective upcoming construction ensured ; Discussed Agendas of the Cut-off date announcement ; land acquisition and 5. consultation compensation/relocation issues Compensation rate/ amount for crop land 6. assessment ( pending and awaiting higher level Raised Additional Agendas decision at Region ) Invitation to all affected PAPs within km 130+965 to km 149+950 ( residing in five kebeles (Daka Hora Kolo, Dakadalu-Harengema, Hada Boso, Gubata Arjo and Galef-Kelo.) Employed Methodology to Invitation to Kebele and Woreda officials 7. select the participants Participation of ERA, ER and the Contractor’s staff Place of public consultation Hada Boso, Gubeta Arjo and Galef-kelo. 8. held Conducted Date of public May 13 and 14/2019 2019 9. consultation Role of ERA Explaining on ERA/Govnt. policy and practice on land acquisition and compensation. ERA’s RoW Agent is principal facilitator for the formation of property valuation committee and valuation 10. process Role of the Supervision Participant: briefing, explaining the road design, 11. consultant benefit, impacts etc. Role of the Contractor Facilitating the Consultation process ( arranging the venue, extending invitation etc) and 12. participation
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
No. The plan should cover but List down precisely the main issues Remark not limited to following issues Explaining the Govt policy and practice, Role of local government elaborating compensation unit rates, disclosing 13. and other stakeholders cut –off date PAPs ( men, women), Kebele and Woreda officials; Category of the attended ERA, Employer’s Representative (ER) and 14. participant Contractor Total 105 participants men 87 and F 20 including The turnout rate is Woreda officials (1); Kebele executives (3); ERA higher than the (1); ER office (1) Contractor (3). expected during the Number of participants consultation planning 15. including attendance sheet Attendance sheet attached Employed Way of inviting Invitation in person ( for Woreda and Kebele 16. the participants and gender officials) and telephoning inclusion consideration Employed Mode of Open discussion ( briefings and discussions ) 17. Communication The lead entity during PAPs took lead role while Woreda and Kebele 18. consultation officials facilitate the discussions 19. Achieved results Briefing on RAP outcomes, existing policy and practices on compensations and procedures; agreeing on cut-off date Pending: compensation unit rate for farm products Recorded documents Minutes of meeting prepared. Photographing and 20. should be analyzed, video recording done interpreted, translated and attach the Attached original recorded documents Disseminated feedback and Minutes of meeting shared across the 21. results stockholders participated 22. Others 23. Opportunities and Risks -No resentment to the objective of the road construction at large. -Resentment to the existing farm product unit rate for compensation that might delay the land acquisition process The difference between existing compensation practice (especially on unit rate for affected crop land) and the PAPs expectation (expecting higher rate ) which eventually may have its own bearing 24. Challenges on the land acquisition process. Suggested solution to risks Expedite the process to fix and agree on unit 25. and challenges rates Plan to explore and exploit Closely working with PAPs (eg priority for job the opportunities opportunities) and woreda and kebele functionaries so as to promote the public 26. participation on the project Minutes of Meeting Yes attached:
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 2.2. Minutes of consultation Meeting held at Daka Horakelo kebele in Amharic and List of Consultation Participants
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 2.3. Consultation Minutes of Meeting held at Dakdalu-Herangema Kebele in Amharic Language and List of Consultation Participants
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 2.4. Consultation Minutes of Meeting held at Dole town with Hada Boso, Galefkeloand Gubata Arjo Kebele in Oromifa Language and List of Consultation Participants
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:113 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:114 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:115 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:116 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:117 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 2.5: Summary of Issues Discussed During the Stakeholders Meeting and Joint Site Visit (English Version)
Date: May 19, 2018
Venue: Arsi Negele Town Administration Meeting Hall
Participants of the meeting were Arsi Negele Wereda Administration officers, Kebele chairmen of 5 Kebeles crossed by the project road, environmental protection and land administration officer of the Wereda, women representatives of two Kebeles, Contractor’s representatives, consultants’ representatives and road designers.
The consultation meeting was opened by the chief administrator of Arsi Negele Wereda. He welcomed the participants and announced the start of consultation. After the introduction of each participant, the contractor’s design team presented the overall road project using power point presentation, highlighting the main benefits of constructing the road. The main benefits mentioned by the presenter include job creation, reduction of existing road traffic congestion, promotion of tourism and reduction of traffic accidents and the road to be constructed is part of the cross country highway which extends from Egypt to South Africa and it will create connectivity among South, East and North Africa and create access to ports.
The presenter (road designer) briefed that the road project has been studied for the last five years and several consultations and discussions were conducted at different levels and this consultation is the continuation of these consultations and no significant changes have been made on the route alignment and the current assessment is following recommendations made in the concept design.
The second presenter (environmental expert of the design team) presented on environmental and social issues of the project. He mentioned about the environmental and social management plan which covers the benefits of the project, how to minimize adverse impacts of the project on land resources, dispute resolution mechanisms, etc. He mentioned that the previous ESIA and RAP are being updated to incorporate new changes if any on environment and social aspects. He also informed the participants to support the team while working along the road by providing information and any other required supports. He confirmed to the participants that the project will give priority of job opportunity for local people; particularly for the project affected people those will lose their farm land. The contractor will give training to workers to improve their working skills and there will be some support to the community to fulfill social corporate responsibilities of the contractor.
Updated RAP, Km:130+965 to Km:149+950 Page:118 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
The design team’s sociologist briefed the compensation process mentioning that compensation will be effected based on the compensation law of the country and the implementers of the compensation will be ERA and the committee to be established by the Wereda administration.
Regarding grave yards’ relocation from the road alignment, the design team’s sociologist explained that grave yards will be handled based on the culture and tradition of the local community. Relocation and religious ceremony expenses will be paid as part of compensation and it will be done through consultation with community and families.
Crossing options and their merits and demerits were presented by the road designer. The presenter emphasized that the benefit of overpass is more than the benefit of under pass. Major drawbacks of under passes mentioned by the designer include drainage problem, security or robbery problem, visibility problem, lighting problem during night, cleaning and maintenance problem and flooding during the rainy season. The advantages of overpass mentioned to be better visibility, less robbery risk, no drainage problem, no height constraint, open air structures, easy to clean and maintain.
At the end of presentation, the moderator of the session invited participants to discuss and suggest what they feel on the presentation and overall road project. Participants were appreciated the presentation and overall information given on the road project and they were happy to work together with the contractor to make the project successful and promised to discharge their responsibilities as much as they can.
Regarding the overpass and underpass, the participants unanimously prefer overpass and recommended to construct all the crossings overpass unless there is technical or topographic reasons that forces to construct underpass.
Concerning job creation, the participants explain that there are several graduates from civil engineering and other disciplines who do not have job in the Wereda and the Wereda and Kebele representatives asked the contractor as how to create job opportunities for these skilled and semi-skilled youths? The contractor’s representative replied them priority of job will be given for the local youth of the two Weredas (Arsi Negele and Adami Tulu JidoKombolcha) and only highly qualified experts will be employed from elsewhere. The contractor representative again emphasized that giving priority of job opportunity for local people is one of the policies of the contractor’s company. The company promotes local employment and purchases local products to support the project area community.
Participants also raised that projects like this magnitude usually provide some support for local community. In this regard, they want to know what type of supports the contractor is going to provide for the community? They also want to know how to connect Dole town with the road to be constructed and how do the compensation process will take place? The most concern of the participants was about the grave yard. They are worried about the impact on grave yards. They said that grave yards are untouchable in their culture. They also want to know exactly when the actual road construction work will start.
Updated RAP, Km:130+965 to Km:149+950 Page:119 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Regarding the support to community, the contractor representative replied that the contractor has a plan to fulfill its social corporate responsibilities and there is annual booklet published each year in March in which the company reports social activities performed by the company. He explained that similar procedures will be followed in this project too.
Regarding Dole town access, the designer explained that the town can be served by the Langano interchange and also by the proposed overpass proposed nearby.
About compensation process, sociologist of the design team explained that compensation will be conducted based on the compensation law of the country. ERA through his ROW agent and Wereda level compensation committee will handle the compensation issues. Regarding grave yard, expenses for relocation and religious ceremonies will be covered by the project and the ceremony will depend on the culture of the community. He also mentioned that current practices in other road projects should be consulted and implement in consultation with the community and families. If there is possibility to realign the road it will be checked and if there is no possibility of realigning due to technical reasons, relocation of the grave yards will take place as per the community culture and tradition.
The employer’s representative replied for the question regarding the actual start date by saying the design work will be completed in August and the construction work will start around October.
After participants discussed on the advantages and disadvantages of over pass and underpass, they preferred overpass. Main reasons for the selection of overpass are easy for maintenance and cleaning, there is no visibility problem, no drainage and flooding problem, no lighting problem and less robbery and less security problems as compared to under pass. For these reasons, the participants were unanimously choosing overpass and recommended the contractor to construct over passes as far as the topographic and other technical conditions are not dictating to construct under pass.
Regarding the exact location of the over passes and under passes, participants said that they do not have clear understanding and they cannot say anything about the location. Instead they suggest the contractor to show these crossing locations. The contractor’s representatives agreed to show the proposed crossing locations and decided to go to each crossing locations lead by the designer and representatives of each Kebele.
The consultation meeting was closed by closing remark made by the Wereda administration office head. The main points summarized by the officer include:
. The road project belongs to us and we will do our best to cooperate for its successful completion; . We have experience from lot 4 (CCC) and we will utilize that experience in this project; . The contractor should create strong connection with local authorities and work together;
Updated RAP, Km:130+965 to Km:149+950 Page:120 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
. Regarding job opportunity, “we understood that highly qualified workers can be recruited from elsewhere, but for other affordable positions please consult the Wereda office”; . There are youths who organized to develop quarry, sand, etc., in the Wereda with whom you can work closely; . Grave yard issue is very sensitive, therefore the location should be identified and discussed with community as how to relocate it and come to consensus beforehand.
After the closing of the consultation meeting, representatives of project affected Kebeles of Arsi Negele Wereda and Wereda representatives were jointly visited the exact proposed locations of overpasses and underpasses.
All the proposed over pass locations which were proposed in the concept design were seen by the joint visit team and accepted by the locality representative.
Updated RAP, Km:130+965 to Km:149+950 Page:121 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 2.6: Minutes of Stakeholders Meeting (Oromo Version)
Updated RAP, Km:130+965 to Km:149+950 Page:122 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:123 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:124 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:125 SBI International Holding Ag, (Ethiopia). Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
List of Consultation Meting Participants
Updated RAP, Km:130+965 to Km:149+950 Page:126 SBI International Holding Ag, (Ethiopia). Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:127 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:128 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:129 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 3: Disclosure of Property Inventory Commencement Date Annex 3.1: Letter written by woreda to kebeles and PAPs to inform the commencement date of property inventory (Cut-Off Date) in Oromifa language
Updated RAP, Km:130+965 to Km:149+950 Page:130 SBI International Holding Ag, (Ethiopia).
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Annex 3.2: English Translation Version of Letter Written by Woreda
Translated Version (From Oromifa to English of Notification of Cut-Off Date to PAPs and Communities
To: Daka Hora Kelo, Dakadalu-Harengema, Hada Boso, Gubata Arjo and Galef-Kelo (Arsi Negele
Woreda)
Subject: Notification of commencement of inventory of affected properties (Cut-Off Date)
This is to notify the above-mentioned five project kebeles and all household heads the commencement of property inventories along the right of way (km 130+965 to 149+950) on May 17/2019. All household’s/property owners are expected to be present in person during the property inventory in their respective sites.
Regards,
Updated RAP, Km:130+965 to Km:149+950 Page:131 SBI International Holding Ag, (Ethiopia).
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Annex 4: Unit Rate for Affected Properties.
Updated RAP, Km:130+965 to Km:149+950 Page:132 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:133 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:134 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:135 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Updated RAP, Km:130+965 to Km:149+950 Page:136 SBI International Holding Ag, (Ethiopia).
Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
Annex 5: Comments and Reply, August 30/2019 [ vide email] No Section Comment Reply
1 4.2.4 Simply stated that ‘each gravesite contains a number of The numbers of individual grave in each graveyard has been individual graveyards’. Since the amount of compensation or already indicated on Figure 4-4 [Pie Chart]. Correspondingly, the Values of estimated compensation for each affects graves relocation cost will depend on the number of individual graves, it is good to indicate the exact number of graves in under graveyards are indicated on Table:11-5 each of the graveyards as much as possible.
2 5.1 - Section 5.1: It is good to indicate the average family - Comment accepted and details are provided herein size of the PAPs under section 5.1 that will serve as a baseline, if possible. - In Section 5.1 it is also stated that ‘the RAP survey identifies eight (8) vulnerable PAPs, due to physical disability, women headed HHs and age-related problems”. However, in the same paragraph, it is - Comment accepted and details are provided herein noted that ‘Their eligibility for vulnerable groups will be decided by the independent consultant…’ Please clarify this contradicting statement.
3 5.5 Section 5.5: Marital status: there is a discussion that 8.3% The points are noted, however from the socio economic data, are women/female headed. This implies the existence of we came to know that the females are heading the family. either divorced or separated households. Please clarify what the 8.3% women/female headed households imply? Does it Some of the properties are owned by the female heads, mean, they have a husband living with the household but the regardless of the fact that the females has also husband. household head is the wife? This may also relate with polygamous marriages and may have implication for The Households are all married, with 8.3% female heads, vulnerability and related eligibility. means husband is living with the households but the house hold head is the wife
4 5.7 Section 5.7 shows that the households do not use firewood The Points are noted, however, the statements indicated on as a source of energy. Is this true. Given that most of the Section 5.7 is to indicate the possible sources of energy that rural people in Ethiopia depend on firewood as source
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energy, what is the assessment in this regard in the project affects PAP’s gets for lighting purposes. It is true that all of the area? PAP’s uses firewood as s sources of energy for cooking purposes.
5 Table- Table 6- 1: Project Entitlement Matrix: As per the Ethiopian Comment accepted and details are provided 6.1 compensation proclamation, Cash compensation for permanent land acquisition should be for ten (ten years) times the average annual income s/he secured during last consecutive 5 years. This need to be indicated in the EM. This needs to be indicated the EM table. It is inserted for your consideration. 6 9.1.3 Under section 9.1.3 there is a statement that read as The section has been rewritten. Basically, the great majorities “However, at the final stage, some participants aired a are in favor of the proposed alignment and relocation of the disagreement over the issue of graveyard relocation and the participants failed to come into consensus”. Please indicate graveyards. Few participants disagree with the proposal. As the issue on which the participants disagreed and why? Also ample experiences show, full consensus is not expected in such indicate what did the majority wanted and the disagreements kind of consultation and the majorities opinion is to be about the graveyards and how the ultimate consensus is respected provided that all affected PAPs have their entitled reached. compensation. This is what the higher level officials and majorities agreed to proceed with the project activities. The section has been rewritten to reflect this outcome.
7 Table Table 10- 2: Perennial crops: the third row needs to be Comment accepted and details are provided 10-2 revised. Row three, column one and two should be the production amount per m2, instead of the number of Perennial crops/Trees to be obtained per m2; and should be total produce per single tree instead of the Cost of permanent improvement on land. 8 4.2.1 Under section 4.2.1 Impacts on Houses, it is indicated that The comments is noted. In the drat submission, due to typing one (1) house is a workshop. But in the compensation error, it was written as “Workshop”. Now, it is corrected as estimation, it is treated as a residence houses. Please clarify what are the activities undertaken in the workshop. Why not it Worship house [ Mosque].
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is consider as business house and compensate it The comment is accepted and correction is made on this accordingly? Please clarify. submission.
9 10.3 Under section 10.3 it is stated that 29 households with 37 The Points are noted, however, under section 10.3 the number housing units will be affected. However, under 11.1 Affected of housing unit to be affected are 37 in No. In the same way on Houses and Compensation Cost Estimate: it says 26 Compensation cost estimates, Table 11-1, the total numbers of houses/housing units will be affected. Please clear this discrepancy. affected houses are also found to be 37 [ 26+11=37] 10 14.1 14.1 Scheduling: The schedule does not indicate when the Table 14.1 Proposed Implementation Schedule of RAP is RAP implementation will start and end. The schedule of RAP included on a separated file, having the same name. Please has to indicate implementation start and end date/month/year of the RAP. In addition Table 14.1 is not included in the RAP. refer to Table 14-1 for the required information. Please include the table. 11 RAP Monitoring: In the updated RAP, the external monitoring As per the comment , the section has been adjusted. The is proposed to be done by other agencies like federal and / external monitoring includes the supervision activities of regional level entities engaged in environmental and social auditing. It states that the external monitoring /evaluation are various federal and regional entities and independent expected from the high-level political bodies consultant hired by ERA to strengthen the monitoring. (parliamentarians, federal audit agencies, federal environment agencies etc). They conduct the visit as per their own schedule and arrangements. This is a supervision, not external monitoring. RAP implementation after completion should be externally audited by an independent third-party or a consultant. This may be captured in the next RAP or included in this RAP. 12 Annex Annexes: no data for ANNEX 1: PROJECT AFFECTED PEOPLE Annex 1 [Socio Economic data spread sheet} is indicated on a AND ASSETS, and Annex 5: Arisi Woreda Consultation separate folder. Please refer to Annex 1 Folder. Annex 5, the comment is noted however, Annex 5 is referring to GRC committee established Arisi Negelle [ not the Public Consultation]. If missed from the Draft submission, it is included under this submission.
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Annex 6: Terms of Reference for Livelihood Restoration Plan Preparation
Ethiopian Roads Authority
Expressway Development Support Project
Modjo‐Hawassa Highway Project
Terms of Reference
for
Livelihood Restoration Plan Preparation
January /2019 Addis Ababa
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
1. BACKGROUND
The Ethiopian Roads Authority (ERA) is responsible for managing, maintaining and developing the national road network across Ethiopia to support economic development, growth and poverty reduction. The Government of Ethiopia (GoE) allocates a significant part of the Budget towards the roads programme, and external financiers such as World Bank also assist ERA by financing the roads programme.
Recognizing the importance of the road transport in supporting social and economic growth and its role as a catalyst to meet poverty reduction targets, the Government of Ethiopia has placed increased emphasis on the improvement of the quality and extent of road infrastructure in the country.
The Modjo-Hawassa road project is part of the Trans-African Highway Number-4, the Cairo-Gaborone-Cape Town Highway, the longest amongst the Trans-African Highways, covering more than 10,000km and linking Addis Ababa with Kenya and the Port of Mombasa within its central part.
The Modjo– Hawassa Road Project is a continuation of Government efforts to improve the standard of Trans-East African Highway as a member of Common Market for Eastern and Southern Africa (COMESA) countries and its import-export corridors to minimize the cost of its transit traffic. The Modjo-Hawassa Road is financed by four external financiers, the African Development Bank (AfDB), China EXIM Bank, the Korea EXIM Bank and the World Bank, each supporting a discrete section of the road. The Zeway - Arsi Negele Section is financed by the World Bank.
From safeguards point of view, the project developer ERA agreed with World Bank to implement uniform safeguards standards across the whole corridor and the assigned contractors and consultants are aware of this agreement.
2. INTRODUCTION
According to the project appraisal document the highway project is planned with the objective of enhancing efficiency and safety in the movement of goods and people along the Modjo-Hawassa development corridor.
The proposed project helps to support the accelerated development of the country by: (a) facilitating trade between Ethiopia and Kenya, as well as Southern Africa; (b) establishing an efficient inter-city corridor between the economic capital of the nation, Addis Ababa, and Hawassa (c) facilitating the export of agricultural produce, helping to strengthen the export base; (d) facilitating the marketing of their products by the rural poor, including farmers and small-scale fishermen; and (f) facilitating the tourism industry along the Modjo-Hawassa corridor, and the National Parks in the south, which are providing employment to the local population.
This highway project has both direct and direct beneficiaries in many dimensions. However, the project appraisal documents also indicated that ERA has assessed the cumulative impact of the construction of the Modjo-Hawassa highway and found that in the four sections, 3,574 households
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(HH) with a total of 24,030 Project Affected Persons (PAPs) will be affected by the highway construction. 2,712 PAPs (452 HH) will have to be permanently resettled while the remaining 21,318 PAPs (2,498 HH) will be partially affected ( due to loss of strips of farm land) and could continue with their livelihood with the remaining land size, after being properly compensated for the lost crops, trees and forgone benefits. When comes to Modjo – Meki Section of the Modjo –Hawassa Highway Project there Households who are impacted or fully displaced due to the highway project adverse impact that cannot be avoided or minimized. However, as part of a mitigation measures they are fully compensated as per the law of the land. Furthermore, as part of additional support ERA is committed to extend its effort to help these affected people through livelihood restoration measures and vulnerable groups support based on their need and interest by sorting out concerned eligibility criteria and principles. Considering the above scenario; this ToR is therefore prepared by ERA to guide the selection and engagement of a competent local consultant who can conduct a detailed need assessment and develop LRP based on detailed assessment on their needs to, at least, maintain the affected households’ livelihoods to the pre project level living standards or better. The Consultant is expected to employ culturally appropriate and gender sensitive methodology and approaches, compatible with national and local values and norms in doing his/her assignment. 3. MAIN OBJECTIVE
Undertake a livelihood needs assessment and subsequently livelihoods restoration plan for Modjo-Meki section of the Modjo-Hawassa Expressway Development Project. 4. SCOPE OF THE ASSESSMENT
The scope of the assessment is limited to those project households in Modjo Town that are repeatedly displaced by dry project and railway and they became also entitled for compensation due to the Highway Project of Modjo-Meki Section. The assessment include, but not limited to, the impact of the project land acquisition on the livelihood of PAPs, the baseline demographic profile, employment and socio-economic activities of the affected households, identification of vulnerable groups who needs special attention and considerations, needs of business and livelihood preferences of the PAPs, the available feasible business and marketing alternatives in the project area and potential business and employment opportunities.
5. EXPECTED SERVICES
The service will be carried out using applicable scientific knowledge, theories, research, tested practices and other relevant. All information in relation to the affected households should depend mainly on primary sources.
The expected services will be but not limited to the following
1. Review of relevant polices, legal frameworks and project documents. 2. Describe the process of consultation with affected persons and relevant stakeholders (including women, vulnerable groups, NGOs) and other regarding livelihoods restoration planning and implementation based on a Stakeholder Engagement Plan. 3. Conduct participatory appraisal and consultation with PAPs and other relevant stakeholders identified to be essential in doing the assessment to sort out their concerns and views;
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Modjo ‐ Hawassa Design and Built Highway Project RESETTLEMENT ACTION PLAN / Ed00 Lot3: Batu (Zeway) ‐ Arsi Negele (+ or ‐ 57.1km) ID.No. W/03/ICB/OC/L/IDA/2008 EFY July 2019
4. Identify livelihoods at risk due to the road development interventions and determine the affected households that need livelihood restoration measures and vulnerable group supports. 5. Conduct census survey and study the socio-economic background of the affected households including their demographic characteristics, socio economic profile, income sources and other relevant information of the displaced households due to the road development project 6. Conduct needs and skills assessment on types and forms of business preferences for each of the affected households 7. income restoration program— includes developing an income restoration strategy with options to restore all types of livelihoods. 8. Determine and indicate the type support to be provided quantitatively and qualitatively 9. Determine eligibility criteria for beneficiaries entitled for identified area of interventionsFormulate the entitlement matrix and principles for business start up 10. Develop market strategies and value chain for each identified business preferenceDevelop sample pragmatic business plan format for each business preference 11. Indicate the total required budget and seed money for each household based on equity principles 12. Develop LRP and VG Support plan including detailed activity action plan, budget breakdown plan, time frame, capacity building and other required facilities 13. Determine the required total budget and the proposed amount for each affected households 14. Indicate the sustainability and handover mechanisms 15. Identify the roles and responsibilities of relevant stakeholders for implementation and sustainability 16. Describe any social or community development programs currently operating in or around the project area. 17. Describe the process for monitoring the effectiveness of the income . 6. DURATION OF THE SERVICE
The service will be executed within two months: 15th of February –April 15th of 2019.
7. KEY DELIVERABLES
Key expected deliverables include:
i. Inception report within one months’ time including Stakeholder Engagement Plan ii. Validation with PAPs and stakeholders within two weeks times after receiving the comment on the first inception report iii. Submit the final Hard and Soft of the document within two weeks times after validation. 8. QUALIFICATION AND EXPERIENCE REQUIRED
The Livelihood and Income Restoration Expert shall:
a) Hold Master’s Degree, in a discipline relevant to economics, business administration, Development studies, Sociology, Social Anthropology and other relevant fields of social sciences and at least who have experience in supporting community;
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b) Have strong dedication and good understanding of the complexities of resettlement and willing to work under stress and demanding situation;
c) Have experience with designing and delivering skill enhancing and/or capacitating programs associated with micro and small scale enterprises;
d) Experience in working with local governments and/or knowledge of the urban sector particularly in successfully establishing cooperatives and preparing business plan in relation to Micro and Small enterprises;
e) Have excellent oral and written communications skills both in English and preferably local language as well as strong team participation skill;
f) Computer literate and knowledge of using statistical software like SPSS is an added advantage.
9. SUPPORTING REFERENCE MATERIALS
. Environmental and Social Impact Assessment (ESIA) of the Modjo –Meki Section, Modjo-Hawassa Highway Project. . Environmental and Social Management Plan and other Supporting Management Plans ( Dust and Blasting Management Plans) . Any other available safeguards instruments can be available on request
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