Resettlement Plan
May 2011 Document Stage: Draft
SRI: Additional Financing for National Highway Sector Project
Horana – Anguruwathota – Aluthgama Highway (B157)
Prepared by Road Development Authority for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 11 May 2011) Currency unit – Sri Lanka rupee (Rs) Rs1.00 = $0.009113278 $1.00 = Rs109.730000
ABBREVIATIONS ADB – Asian Development Bank CEA – Central Environmental Authority CSC – Chief Engineer’s Office CSC – Construction Supervision Consultant CV – Chief Valuer DSD – Divisional Secretariat Division DS – Divisional Secretary ESD – Environment and Social Division GN – Grama Niladhari GND – Grama Niladhari Division GOSL – Government of Sri Lanka GRC – Grievance Redress Committee IOL – inventory of losses LAA – Land Acquisition Act LARC – Land Acquisition and Resettlement Committee LARD – Land Acquisition and Resettlement Division LAO – Land Acquisition Officer LARS – land acquisition and resettlement survey MOLLD – Ministry of Land and Land Development NEA – National Environmental Act NGO – nongovernmental organization NIRP – National Involuntary Resettlement Policy PD – project director PMU – project management unit RP – resettlement plan RDA – Road Development Authority ROW – right-of-way SD – Survey Department SES – socioeconomic survey SEW – Southern Expressway STDP – Southern Transport Development Project TOR – terms of reference
WEIGHTS AND MEASURES Ha hectare km – kilometer sq. ft. – square feet sq. m – square meter
NOTE In this report, "$" refers to US dollars.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
CONTENTS
EXECUTIVE SUMMARY ...... v
CHAPTER 1 - PROJECT DESCRIPTION ...... 1 1. Description of the Road Project ...... 1 2. Project Profile ...... 1 3. Objectives of the Resettlement Plan ...... 1 4. Socioeconomic Benefits of the Project ...... 2 5. Methodology ...... 4
CHAPTER 2 – LEGISLATIVE AND POLICY FRAMEWORK ...... 6 1. Legislative Framework ...... 6 2. Policy Framework ...... 10
CHAPTER 3 – SCOPE FOR LAND ACQUISITION AND RESETTLEMENT ...... 17 1. Potential Impacts of the Projects ...... 17 2. Scope of Land Acquisition ...... 19 3. Impacts on displaced population ...... 19 4. IImpact on Community / Common Property Resources ...... 22 5. Consultation Process for Land Acquisition and Resettlement ...... 23 6. Legal Framework for Land Acquisition and Resettlement ...... 23
CHAPTER 4 – SOCIOECONOMIC PROFILE ...... 24 1. General Socioeconomic Condition in the Project Area ...... 24 2. Information of Displaced Persons / Household Heads ...... 24 3. Trade and Business...... 28 4. Income Sources of Displaced Household Members ...... 29 5. Vulnerable DPs ...... 30 6. Gender Aspects ...... 31 7. Attitude of the DPs towards the development of the road project - perceived socioeconomic impacts ...... 31 8. Perceived social and economic advantages ...... 32
CHAPTER 5 – INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATORY PROCESS...... 34 1. Consultation process with agencies responsible for Land Acquisition and Resettlement ...... 34 2. Public Disclosure and Information Dissemination ...... 34 3. Consultation during RP preparation and implementation ...... 34 4. Information Disclosure ...... 35
CHAPTER 6 – ENTITLEMENTS ...... 39 1. Highlights of Entitlements ...... 39 2. Project Entitlement Matrix ...... 41
CHAPTER 7 – GRIEVANCE REDRESS MECHANISM ...... 51
CHAPTER 8 – RELOCATION OF HOUSING AND SETTLEMENTS ...... 56 1. Options for Relocation of Housing and other Structures ...... 56 2. DPs‟ Perceptions and Preference ...... 57 ii
3. Legal Arrangements for Tenure and Titles ...... 58 4. Social Integration ...... 58
CHAPTER 9 – INCOME RESTORATION AND REHABILITATION ...... 59 1. Livelihoods Risks and Resources ...... 59 2. Income Restoration Programmes ...... 59 3. Empowerment of Displaced Persons ...... 59 4. Organization to Implement the Income Restoration Plan ...... 60 5. Linking with reputed agencies for technology and services transfer under IRP ...... 60 6. Selection of categories of DPs entitled to Income Restoration Benefits .60 7. Identification of Potential Income Restoration Programmes ...... 60
CHAPTER 10 – RESETTLEMENT BUDGET ...... 63
CHAPTER 11 – IMPLEMENTATION SCHEDULE ...... 65
CHAPTER 12 – INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT ...... 66 1. PMU ...... 66 2. ESD and Land Division ...... 67 3. Divisional Secretariat ...... 67 4. Field Office of the PMU ...... 68 5. Construction Supervision Consultants (CSC) ...... 68 6. Institutional Arrangement to Attend to Gender Concerns ...... 69
CHAPTER 13 – MONITORING AND EVALUATION ...... 71 1. Monitoring and Reporting ...... 71 2. External Monitoring ...... 73 3. Computerized Management Information System (MIS) ...... 73 iii
LIST OF TABLES
Table 1 Legislative GAP Analysis ...... 13 Table 2 Summary of Land Acquisition and Resettlement Impacts ...... 17 Table 3 Total Number of Displaced Persons and DP Households by DS Division and Type of Impact (53+480 to 30+000) ...... 19 Table 4Number of Fully Displaced DP Households According to type of Impact ...... 19 Table 5Number of DP Households losing ownership / Access to land by land Tenure, Land use and Type of Impact ...... 20 Table 6 Number of Displaced Private Structures by Type of Structures and Degree of Impact ...... 20 Table 7 Materials of displaced primary private structures ...... 20 Table 8 Livelihoods of DPs which are Displaced by the Project (Owner only) ...... 21 Table 9 Monthly Income Derived by DPHHs in the Displaced Business/Livelihood ..... 22 Table 10 Type of displaced community/ common structures and the type of impact ...... 22 Table 11 Type of displaced Utilities ...... 23 Table 12 Age of DP Household Heads disaggregated according to gender ...... 24 Table 13 Civil Status of DP Household Heads disaggregated according to gender ..... 24 Table 14 Educational Attainment of Household Heads disaggregated according to gender ...... 25 Table 15 Ethnicity of Household heads disaggregated according to gender ...... 25 Table 16 Size of DP Households ...... 26 Table 17 Age and Gender of DP Household Members ...... 26 Table 18 Civil Status of DP Household Members...... 27 Table 19 Education of DP Household Members ...... 27 Table 20 DP Household Members with Physical and Mental Disabilities ...... 28 Table 21 Workers/Labourers in Businesses/Enterprises which are Displaced by the Project ...... 28 Table 22 Primary and Secondary Sources of Income of DP Household Members ...... 29 Table 23 Distribution of DP Households according to income levels per DS division ...... 30 Table 24 Vulnerable DP Households ...... 31 Table 25 DPs‟ Perceived Adverse Social and Economic Impacts of the road project ...... 32 Table 26 DPs‟ Perceived Social and Economic Advantages of the road project ...... 33 Table 27 Places of Information Disclosures for DPs ...... 35 Table 28: Completed and Planned Public Consultation and Disclosure Activities ...... 36 iv
Table 29 Adequacy of Remaining Land or Availability of Alternative Land for DPs to Continue Their Displaced Trading/Business/Agricultural Activities or Residence ...... 56 Table 30 Compensation Preference of DPs Who Will Lose Land (Multiple responses) ...... 57 Table 31 Relocation preference of DP Households which need to relocate ...... 57 Table 32 Estimated Cost of Land Acquisition and Resettlement of Road Project B157 ...... 63 Table 33 approximate Land Values in Road project Area ...... 64 Table 34 Implementation Schedule – Major Events ...... 65 Table 35 Matrix of Roles and Responsibilities of Government Agencies and Other Organizations involved in Resettlement Planning and Implementation ...... 70 Table 36 Monitoring and Evaluation Indicators ...... 74
LIST OF FIGURES Figure 1 Location MAP of B157 (Horana – Anguruwathota - Aluthgama) ...... 3
ANNEXES Annex 1: National Involuntary Resettlement Policy ...... 76 Annex 2: The personnel met during the field visit ...... 82 Annex 3: TOR for the External Monitoring and Reporting Consultant / Agency ...... 83 Annex 4: Census Survey Questionnaire ...... 85 Annex 5: Sinhala Version of Entitlement Matrix ...... 85 v
EXECUTIVE SUMMARY
1. Introduction 1. The RP is based on the data collected by census and Socio Economic Survey conducted in the project area after demarcation of the centre line of the ROW after the preliminary design of the planned improvement to the road. The information contained in the RP is tentative until completion of detail engineering designs and the preliminary plan. After which RDA will finalize the RP by completing the census and the inventories of loss of assets. This will be sent to ADB for review and disclosure to ADB website. 2. This Resettlement Plan (RP) was prepared to address land acquisition and resettlement process associated with B157 Horana – Anguruwathota – Aluthgama Highway which counts a length of 23.48 km. Extent of land to be acquired for the road widening into a two lane highway has been undertaken by the National Highway Sector Project (NHSP) Southern Expressway Links project of the RDA funded by the Asian Development Bank (ADB) amounts to 9.6 hectares belonging to 902 DHs. The main objective of the RP is to support DPs to overcome adverse effects caused by the land acquisition under this road project. RP aims at improving DPs capacity to rehabilitate themselves by paying all their entitlements in an appropriate and timely manner.
2. Methodology 3. Two Surveys, land acquisition and resettlement survey (LARS) and socioeconomic survey (SES) has been conducted in 2007 by a team of consultants with a comprehensive data analysis before preparing the original RP. As several years have passed since 2007 the need to update the RP to suit the current needs and requirement became necessary and the consultants appointed in 2010 November started the updating exercise, under the above named NHSP project. The consultants in this updating exercise were given a very limited timeframe and hardly enough time to carry out field survey and further studies. Only a quick field observations and testing the pulses of the displaced parties of the road project area through informal discussions were held to understand the current thinking of the people. Most of the data which are of prime importance included into this RP in the original form wherever possible. However the RP will be finalized after completing the census and the inventories of losses of assets after completion of the detailed engineering designs and submitted to ADB for review and disclosure to ADB website.
3. Scope of Land Acquisition and Resettlement 4. The existing ROW is between 8–9 m in the rural sections of the road and 10 – 14 m, in the urban sections. The required ROW for the proposed 2 lane highway is 15 – 17 m. this may need to acquire minimum of 2.5m from each side of the proposed highway. It is estimated that 902 households which includes residential, residential cum commercial and shops will be fully displaced as a result of land acquisition of which
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128 need complete relocation, while the balance 774 households can be resettled in the same lands. 5. Taking the new section also into consideration the total land requirement to be acquired for the project has been estimated to approximately 9.6 Ha or 3820.82 perches. Total number of persons to be displaced is 3,710.
4. Legislative and Policy Framework 6. There are three legislative enactments that are directly related to the resettlement process. These acts are (i) Land Acquisition Act No 9 of 1950 (ii) Road Development Authority Act No 73 of 1981 and (iii) National Environment Act No 47 of 1980 and amended in 1988. The LAA sets out the procedure for acquiring land and payment of compensation for acquired lands for public purposes. 7. Over and above this legal and policy framework, there are several resettlement policy and guidelines and principles which have to be followed by all development projects including road development where resettlement is involved. National Involuntary Resettlement Policy (NIRP) approved by the government and the ADB‟s Safeguard Policy Statement, 2009 (SPS).
5. Socioeconomic Information 8. The total number of DPs in this road section is estimated at 3,710 of which 1,788 are males and 1,922 are females. In terms of age distribution, 8.8 % of total DPs are below the age of 5 years, 11.7% are between the ages of 6 and 14 years, 25.6 % are between ages of 15 and 30 years and 42 % DPs are between 31 and 60 of age, whereas 12.2 % are above 60 years. In terms of educational attainment 2.2% have no formal education. 8.8% of the DP population are waiting for schooling. Those who attained primary educational level is 50.5 % and secondary education level is 35.8 % of the DP household members. Tertiary or higher education has been obtained by 16.4% of the DP household members. 9. Since this road section traverses mainly through urban and highly residential areas 16.4% of DPs are involved in trade and business while over 52 percent are in government or private sector.
6. Information Dissemination, Consultation and Participation and Disclosure 10. In RP preparation, the LARS, SES, key informant interviews, and informal meetings with DPs and various stakeholders have been carried out. This process commenced with initial discussions with concerned RDA Staff and Consultants. This was followed by meetings with 2 Divisional Secretaries of the area, and issuing of background and relevant details to the Divisional Secretaries and to identified 20 displaced Grama Niladhari divisions. vii
11. Information dissemination, consultation and participatory approach has been followed from the inception of this study. The consultants in the original RP preparation in 2007 the LARS, socioeconomic survey, key informant interviews and informal meetings with DPs and various stakeholders have been carried out. The consultant in this updating process in December 2010 also had informal discussions with road users and same DPs with the limited time they spent on the field.
7. Grievance Redress Mechanism 12. A grievance redress mechanism will be in place to allow people a forum accessible to them to submit their grievances. The GRC will comprise of public officials and members of the civil society. Wide publicity will be given regarding the powers and composition of the GRC. DPs could make representations to the GRC to seek redress to their resettlement issues.
8. Entitlement 13. Given the types of tenure and anticipated losses consequent to land acquisition, entitlements on account of compensation and restoration measures have been worked out for NHSP and provided in the Entitlement Matrix. This Entitlement Matrix, which provides the basis for payment of compensation against various kinds of losses and the resettlement needs, has been fully adopted in the RP. It has been agreed that the standard prescribed in the Entitlement Matrix will not be reduced and if additional impacts are identified during detailed design the RP will be updated and submitted to ADB for approval. GOSL will provide funds for implementing the RP in a timely manner.
9. Relocation of Housing and Settlement 14. Land and structure owners will be compensated at replacement rates after an independent valuation. DPs losing business and livelihood income will be awarded cash compensation for lost income and will be assisted in finding suitable location to re-establish their businesses.
10. Income Restoration Strategy 15. Those DPs who will incur fully livelihood losses will be provided with livelihood restoration grant, vocational or skills training, agricultural assistance. Priority will be given to DPs for project related employment. Displaced vulnerable households will be given a special grant of Rs 15,000 per household.
11. Resettlement Budget 16. Only land acquisition cost (excluding acquisition cost of stand land and 5% incentive allowance) has been estimated to Rs. 920 Million or US$ 8 Million. Other
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costs such as compensation for structures, trees, loss of income and other expenses have to be calculated after a detail surveys.
12. Implementation Schedule 17. Implementation is based on the time frame indicated in the implementation schedule. It is of 18 months which includes construction duration. Implementation is undertaken by the relevant staff of the PMU assisted by Environmental and Social Division (ESD), DSs, and Construction Supervision Consultant (CSC).
13. Institutional Framework for Resettlement 18. RDA/PMU is mainly responsible for the implementation of the resettlement programme with the assistance of the displaced persons, ESD, DSS, CSC, CBO, Department of Survey and Valuation. The assistance of the relevant state agencies will be sought during the implementation of the income restoration programme.
14. Monitoring and Evaluation 19. Monitoring will be conducted by the PMU, ESD and CSC, which will be verified by external monitors. Where necessary EA will hire a qualified and experienced NGO or group of experts to verify the monitoring information of the EA.. The external experts hired by the EA will advice on safeguard compliance issues and if any significant issues are identified corrective action plan will be prepared and action will be taken to address such issues.
20. The EA will submit the first Monitoring and Evaluation Report by 31 December 2011 and hereafter semiannually until end of December 2012.
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CHAPTER 1 - PROJECT DESCRIPTION
1. Description of the Road Project 1. The Highway starts from Aluthgama at 53+480 km point and goes up to 30+000 passing 1.5 km from the town of Mathugama to a Village called Maduruwagoda on the. Horana – Anguruwathota – Aluthgama Highway No B15.This is one of the six road projects identified to be upgraded under the additional financing for the National Highway Sector Project (NHSP). Out of the total length of 62km of the six roads (four linking southern expressway and two Colombo links to expressway) this highway has a length of 23.48 km, in which the previous study in 2007 has covered a distance of 10.84 km (location map is shown as Figure 1). This Resettlement Plan (RP) is for the entire highway for the total length of 23.48 km, prepared in compliance with the National Involuntary Resettlement Policy (NIRP) adopted by the Government of Sri Lanka (GOSL) and the ADB Safeguard Policy Statement, 2009 (SPS) on Involuntary Resettlement.
2. Project Profile 2. The records of the RDA indicate that the existing ROW is between 8 – 9 m in the rural sections of the road and 10–14 m in the urban sections. The highway would be upgraded in to a proper two lane road with a width of 3.25 meters and a bicycle and passenger lane on either side of the two lanes. Proposed width of the road is 15 – 17 m. As the highway B157 basically traverses through DS Divisions of Aluthgama and Mathugama (included 32 GN Divisions and 96 villages). This road is an important connection from A002 (Colombo – Galle – Hambantota - Wellawaya) to the Southern Expressway and improving this road into a 2 lane highway will facilitate the economic development of the immediate surroundings and will enhance the easy mobility of the population.
3. Objectives of the Resettlement Plan 3. The main objective of the RP is to assist the DPs to overcome adverse effects, generated mainly by the land acquisition associated with the planned highway road project. This RP aims at improving DP‟s own capacity to rehabilitate them by facilitating their immediate requirements and paying their due entitlements appropriately, and the compensation for their losses in a timely manner. One of the important objectives in developing this road is to mitigate the impact of increasing traffic volume as a result of opening of the Southern Expressway.
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4. Socioeconomic Benefits of the Project 4. Volume of traffic in Sri Lanka is estimated to grow at an incremental rate of 4.6 % per year. The existing road network has not been designed and developed to cater to the present volume of traffic, thus creating huge congestions on roads daily, which lead to following socioeconomic losses to the country.
Increase cost of travel Loss of foreign exchange due to excessive consumption of imported fuel. Increase in travel time Loss of valuable man hours and consequent loss of productivity Excessive waste of component of vehicles Increase in accidents Injuries to passengers, pedestrians Increase mortalities due to accidents 5. The concept behind the NHSP is to mitigate the above adverse effects on one hand and increase mobility of the population, goods and services to accelerate the economic growth on the other by (i) upgrading thirteen important roads initially including road project (ii) develop and increase capacities of road sector institutions (3) Introduce and developed pilot performance-based maintenance contracts. 3
Figure 1 Location MAP of B157 (Horana – Anguruwathota - Aluthgama)
Source: National Highways Sector Project – January 2011
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5. Methodology 6. The scope of the study was determined on the basis of the feasibility study report for the road section. The existing centre line was used as the reference line for determination of displaced area. It extended over a stretch of 12.8 km from Aluthgama to Matugama. As the scope of the study was based on the feasibility study report, a 17m boundary (8.5 m to either side of the existing centre line) was selected for areas with 2- lane status and a 15 m width for 2-lane status. 7. A comprehensive study has been carried out in mid-2007 by the NHSP study team headed by the Advisor / Team Leader Resettlement and land acquisition. This study included both socioeconomic survey (SES) and survey on land acquisition and resettlement (LARS) which is referred to as census survey covering all DPs (Within and outside displaced households). In the SES 20% of the DPs have been covered. LARS aimed at relevant information on family status, land ownership, properties and assets, business details, income and expenditure, details of social links of the community, social infrastructure facilities, and resettlement options of displaced households (DHs). The SES, on the other hand provided information on access to government support, household income and expenditure patterns, health status, indebtedness, migration, and status of women. Key informant discussions and field observations were also used as tools to develop this RP. Before entering and analysing the data all completed questionnaires were screened with the aim of finding and filling gaps. Finally the data have been analysed using the MIS software program developed by ESD to generate necessary socio economic and compensation related information. 8. The cut-off date for eligibility for compensation for both title and non-title-holders, is 10 August 2007, the date on which Sec 02 notice was published under LAA. 9. This study is in two parts and the above explained process has been carried out under the previous study. All relevant data and information of the first part explained above has been included mostly in the original form. Unwanted and out dated information was left out. In addition, under the present updating exercise an additional section of B157 highway from km 42+640 to 30+000 has been added to be reviewed. As there is hardly enough time to do a comprehensive survey due to limited timeframe only a rapid appraisal was carried out to ascertain the number of DPs in basic categories and to identify the resettlement impacts. This exercise was carried out with the assistance of two enumerators seated in a vehicle from the zero km point and slowly moving and recording the potential residential, commercial, informal sector and community and public properties which will be displaced as a result of developing this road. The two enumerators were given the orientation to roughly identify the potential structures which will have full or partial damages by looking at the centre line and proposed width of the road. In addition at selected points several DPs and knowledgeable persons were interviewed as informal discussions to understand the views of the public. This exercise will only indicate the types and approximate numbers of the properties and thinking of the persons on the proposed development which will be displaced as a result of upgrading this road project. Also in order to obtain the land values the knowledgeable 5
persons such as Notary Public, lawyers and long standing residents were interviewed wherever possible. Therefore it is recommended to complete and finalize the RP by completing the census and inventories of the loss assets after completion of the detailed engineering design.
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CHAPTER 2 – LEGISLATIVE AND POLICY FRAMEWORK
10. In this chapter, legislative and regulatory framework for land acquisition and resettlement and policies pertaining to resettlement are discussed.
1. Legislative Framework
1.1. The Land Acquisition Act of 1950 (LAA) and Subsequent Amendments and Regulations 11. The Land Acquisition Act (LAA) of 1950 is the most important legal provision which spells out the Land acquisition process in Sri Lanka. It has several amendments and the latest being the version of 1986 and the Regulations, 2008 gazetted as No. 1585/ 7 on Tuesday, 20th of January 2009. 12. The procedures for land acquisition and payments of compensation for acquired lands by the government for public purposes are laid down in the LAA. It provided the payment of compensation at market rates for lands, structures and crops. In chapter 460 of the LAA the procedure is explained in the following manner.
a) Preparation of acquisition proposal by the requesting agency and submission to the Ministry of Land and Land Development (MLD) through the Secretary of Ministry of Ports Highways. b) Approval of the proposal by MLD, posting of notices by the relevant divisional secretaries and preparation of advanced tracing by the survey superintendent on requisition issued by the relevant divisional secretaries (section 2, 248 and 249). c) If sec 38 (a) is not invoked divisional secretary to call objections under sec 4 of the LAA. Even after inquiring of the objection called under section 4 if the relevant land is required to be acquired the requirement will be conveyed by Ministry of Ports and Highways to the Ministry of Land and Land Development. d) Minister of Land then issue and order under Sec 5 confirming the acquisition of the relevant land which will be followed up through a gazette notification in all three languages in the same order Ministry of Land and Land Development will direct the divisional secretary to take action to prepare the PP. e) Based on the Ministers order under Sec 5, DS issue a requisition to the Superintendent of Surveys of the district to prepare and submit the plan. f) On receipt of PP the DS will published in Government gazette notification in all three national languages (Sinhala, Tamil and English) that he/she intend to conduct inquiries under section 9 of LAA and request people to submit there clams for ownership of land before the date mention by him in the gazette notification. In addition to the gazette notification a paper notice will be published by the DS in all three languages for information of the stake holders. g) Then inquiries will be conducted to determine the ownership and DS will issue a order declaring ownership under Sec 10 (i) of LAA. h) Acquiring officer either makes the decision on the claims or refers the claims to the district courts or primary courts if he is unable to determine the ownership. 7
i) Acquiring officer (Divisional Secretary of the area) holds an inquiry into the market value of the land, the claims for compensation and the legality of claimants (advised by valuation officers) and award of compensation under section 17 of LAA. j) Then the possession will be taken over under Section 38 or in an urgent situation in made section 38 (a) even though the LAA permit to takeover possession before paying compensation any land acquired by the state at present will only be taken over by paying compensation in full. This is to comply with SPS, 2009 of ADB and NIRP. After taking over the possession DS will take action to vest the properties acquired under the name of relevant beneficiaries under section 44 (i) of LAA and register the title with the registrar of the land of relevant district. k) Following the decision (either by the acquiring officer or the courts) the acquiring officer makes an award after determining the persons who are entitled to compensation, the total amount of compensation deemed to be allowed for the acquisition and the apportionment of the compensation among the persons with interest and l) In the event of dispute over the determination it may be appealed to either the compensation review Board or Court of appeal within 21 days of the receipt of the notification of the award. If there are no appeals, the compensation will be paid.
1.2. LARC Process 13. Prior to the commencement of the land acquisition for the STDP, DPs were paid only the depreciated values under the LAA for structures and a price determined on the basis of willing buyer and a willing seller for the lands and the valuation is done by the Dept. of valuation. Any aggrieved party on the valuation determined by the Valuation Dept. Is expected to appeal to the Land Acquisition Review Board within 21 days of receipt of the Sec 17 order from the DS. By experience it was found the process adopted by the Land Acquisition Review Board is time consuming and variation of the Valuation Dept determination was very marginal. As large extent of land and over 1500 buildings had to be completely displaced Govt. decided to introduce the new scheme to compensate the displaced people in 2001, outside the Act by creating a body called LARC (Land Acquisition and Resettlement Committee) composed of the following members to determine the replacement cost (not the depreciated value) of the buildings and the market value of the land of the displaced people.
Composition of the committee Relevant DS (Chairman) Representative of the Valuation Deparment Representative of the Survey Department Representative of the RDA Displaced person (DP)
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14. The notable feature of this committee is that the displaced person himself is a vote carrying member of the board.
Super LARC (Ministerial Compensation appeal Board) 15. Displaced person who is not satisfied with the quantum of compensation decided by the LARC will have option of appealing to the Super LARC committee which is established by the decision of the cabinet of ministers.
Composition of the Super LARC Secretary Ministry of Ports Highways or a person delegated by him. Chief Valuer or his representative. Secretary Land or his representative Survey General or his representative Director General of RDA or his representative.
16. The displaced person will also be called for the inquiry and the decision of the Super LARC is final.
1.3. Land Development Ordinance (1935) a) By virtue of this ordinance and its subsequent amendments, households that are occupying crown land may request permission from the Divisional Secretary to be regularized on the Land in question. The Acquiring officer (Divisional Secretary) makes an investigation and may recommend giving a one–year permit initially, if the land is not reserved land or not required for any other government purpose. Subsequently, the person may be given a long lease which constitutes a legal title without right to disposal. The term for such titles is „Swarna Boomi‟ or „Jaya Boomi‟. 17. There are two categories of encroachments into crown land. (1) Middle income category, the households that have other agricultural land and (2) Lower income category, the landless households will be given special consideration for allocation of crown land that is not reserved land.
1.4. Road Development Authority Act No. 73 of 1981 18. The Road Development Authority Act (1981) provides for the establishment of the RDA and specifies the powers, functions, duties and responsibilities of the RDA. Part II of the Act deals with declaring areas for 'road development', which under the meaning of the Act includes the construction of new roads or the maintenance or improvement of existing roads (Improvements are deemed to include any widening, levelling, provision of footpaths, treatment for mitigation of dust or any other works beyond ordinary repairs). 9
19. The functions and duties of the RDA include, inter alia, carrying out integrated road planning and development, submitting such plans for government approval, and following approval, implementing the road development plans, works and activities. 20. Under Section 8 of the Act, the Minister, after taking into consideration the requirements of local and national planning and what is expedient for the regulation and control of road development, may declare a 'road development area' following an order or notice (which sets out the requirement and physical boundaries) published in the gazette. 21. Section 22 deals with land acquisition for road development as a "public purpose" and provides for the acquisition by, and transfer to, the RDA of immovable or moveable property within any declared road development area, for which the RDA will pay any sum payable under the LAA [Section 22 (2)]. Therefore, after the Section 2 notices have been published, if land or other property is to be acquired, the procedures to do so are as set out in the LAA.
1.5. State Land Ordinance No 8 of 1947 22. This ordinance is known as the State Land Ordinance No 8 of 1947. Section b of the ordinance explains the land grants which can be made and the rents to be obtained for the grants. It is mentioned in section 22 the period be up to 50 years only and the prescribed form given in the ordinance be filled and signed by the officer authenticated to sign for the grant. A person seeking a crown land has to appeal to the Government Agent of the area. Such person has to pay the rent decided by the Land Commissioner or the Government Agent of the area. Provisions also have provided to officers such as General Manager Railways and chairman of the Colombo port to rent out the lands under their purview, under special circumstances.
1.6. Prescriptive Ordinance No 22 (1871) 23. Under sections 3 and 13 of this ordinance household who have encroached into private land and have been occupying the land for at least 10 years may apply through the courts for prescriptive rights to the land.
1.7. National Environmental Act No 47 of 1980 (NEA) 24. These are some provisions in the NEA Act No.47 of 1980, with the amended Act No 56 of 1988 which refers to Involuntary Resettlement. The Hon. Minister in charge of the subject of environment has prescribed projects and undertakings which approval shall be necessary under the provisions of the NEA. 25. The Minister by gazette notification No 858/14 of 23rd February 1995 has determined the types of projects and under takings which need the approval under the terms of the NEA. The schedule includes item 12 which refers to “involuntary resettlement exceeding 100 families, other than resettlement resulting from emergency situations”.
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2. Policy Framework 26. Land Acquisition Act provides compensation only for land, structures, and crops and provisions are not available to address key resettlement issues to mitigate or avoid impacts on people resulting from land acquisition. In addition non titled people and other dependents on land cannot be assisted under the LAA. 27. To address the current gaps in the LAA in addressing the key resettlement issues such as exploring alternative project options that avoid or minimize impacts on people the government of Sri Lanka (through the cabinet of Ministers) adopted the NIRP on the 24 May 2001. The NIRP also highlighted the need for consultation of DPs and their participation in the resettlement process actively. The CEA was tasked to review and approve resettlement plans (RPs) prepared by project executing agencies. The plans also required to be publicly available. 28. In addition to NIRP, the SPS has similar requirements and guidelines.
2.1. NIRP
2.2. Background 29. Various public and private sector development projects are engaged in acquisition of lands for their development and the families replaced are displaced with unfamiliar locations and various other hardships. These developments take place without satisfactory consideration to resettlement. Accordingly, people have shown resistance to this process and where displacement is involved, the projects are getting delayed. 30. Among the significant consequences of poor resettlement process has resulted impoverishment of displaced families due to landlessness, homelessness, joblessness, relatively higher mortality and morbidity, food insecurity, lack of access to common property and public services and disruption to existing Social Organizations. Original LAA and subsequent amendments and Regulations to it do not require the project executing agencies to address key resettlement issues such as (i) exploring alternative project options which avoid or minimize impacts on people; (ii) compensate those who do not have title to land; (iii) consulting displaced persons and host community on resettlement options, (iv) providing for successful social and economic integration of the displaced persons and their hosts; and; and (v) full social and economic rehabilitation of the displaced persons. 31. In order to address the above mentioned issues the steering committee appointed by the government reviewed the existing laws and policies and approved the NIRP on 5 March 2001 and the government of Sri Lanka adopted it (through its cabinet of Ministers) as a National Policy on 24 May 2001.
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Objectives of the NIRP
1. Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the reestablishment of the DPs on a productive and self-sustaining basis. The policy should also facilitate the development of the DPs and the project; 2. Ensure that DPs are fully and promptly compensated and satisfactorily resettled. The livelihoods of all displaced persons should be re-established and their standard of living improved; 3. Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purposes by the state; 4. Assist DPs in dealing with the psychological, cultural, social and other stresses caused by land acquisition; 5. Make all DPs aware of process available for redress of grievances, which are easily accessible and immediately responsive; and 6. Have in place a consultative, transparent and accountable involuntary resettlement process with a time frame agreed to by the project executing agency and DPs.
32. Adhering to the above objectives the scope of the NIRP includes all development – induced land acquisition or recovery of possession by the state. NIRP requires that a comprehensive RP be prepared where 20 or more families are displaced. In case where less than 20 families are displaced, the NIRP still requires a RP with lesser level of detail. NIRP applies to all projects irrespective of source of funding. 33. A detailed NIRP which include rationale, objectives, scope, policy principles, institutional responsibilities, monitoring and evaluation etc. are given in Annex 4.
2.3. SPS
34. The SPS recognizes and addresses the resettlement and rehabilitation impacts of all the Displaced persons, irrespective of their titles, and requires the preparation of RP in every instance where involuntary resettlement occurs. The ADB policy requirements are:
(a) Avoid or minimize impacts where possible; (b) Consultation with the displaced people in project planning and implementation; (c) Payments of compensation for acquired assets at the replacement cost; (d) Ensure that no one is worse off as a result of resettlement and would maintain at least their original standard of living. (e) Resettlement assistance to Displaced persons, including non-titled persons; and (f) Special attention to vulnerable people/groups.
35. The main policy principles of the SPS are:
Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of
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resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Carry out meaningful consultations with displaced persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when displaced livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Prepare a resettlement plan elaborating on displaced persons‟ entitlements, the income and livelihood restoration strategy, institutional 13
arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project‟s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
Existing Gaps in LAA and NIRP vis-à-vis SPS
36. There are differences between LAA and the NIRPand the SPS in relation to approach to land acquisition and payment of compensation. Although the policies of ADB and NIRP are more or less congruent, there are differences when compared with the LAA and SPS. Even though the LAA is not subordinate to the NIRP, for the payment of compensation the NIRP and SPS are being followed. The gaps in the LAA vis a the NIRP and the SPS are analysed in the table below.
Table 1 Legislative GAP Analysis
Aspect GOSL Laws/Policies ADBs SPS Measures to Bridge the GAP
Requirement of Does not require under RP is required PMU follow the a RP the LAA as amended, NIRP which spell For category A and NIRP requires that a out the type of RP category B projects. comprehensive RP for to be prepared projects exceeding and implemented. displacement of more than 20 families and a RP of lesser detail if the
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Aspect GOSL Laws/Policies ADBs SPS Measures to Bridge the GAP number of families displaced is less than 20. A project affecting 100 families is considered as a prescribed project under the NEA; such projects require the approval of the CEA before implementation but do not address the resettlement issues.
Compensation Provided in the NIRP, Not The borrower will Provision is for non-title in the Act (LAA) compensate them for the available in the holders loss of assets other than entitlement
land such as dwellings package approved and also for any other by the Cabinet of improvements to the land Ministers to make at the full replacement fair and just cost. The entitlements will treatment. be provided to those who Entitlement matrix have occupied the land or is a part of RP structures in the project area prior to the cut-off date for eligibility or resettlement assistance.
Consultation Does not require under Consultation is required PMU follow the with stake LAA as amended. It is a with displaced persons NIRP and holders requirement under NIRP, (Same as NIRP) Safeguard Policy Statement, 2009 as indicated in the RP
Public Provided in the NIRP, Not Public disclosure is RP will be disclosure required under the LAA required disclosed to the as amended. If the project public and will be is subject to an IEE or available in the EIA, the report should be web site of ESD available for the and ADB. The information of the public entitlement matrix or public comments will be translated respectively. in the local language and distributed to the DPs 15
Aspect GOSL Laws/Policies ADBs SPS Measures to Bridge the GAP
Income Act does not provide, Income should be PMU follow NIRP Restoration NIRP Provides. Income restored and Safeguard should be restored and Policy Statement, livelihood be re- 2009, details are established and standard given in the RP of living improved.
Taking over Act provide, NIRP does Does not allow PMU will follow possession not allow the NIRP and before Payment Safeguard Policy of Statement, 2009 compensation as indicated in the RP
Grievance No provision in the LAA Requirement under the Provided in the RP Redress as amended a Safeguard Policy Mechanism requirement under the Statement, 2009 NIRP
Acquisition Under 38(a) of LAA, after The borrower /client will PMU follow the within 48 hrs on 48 hrs, even without ensure that no physical or NIRP and SPS an urgency paying compensation. But economic displacement basis according to NIRP, not will occur until 1) without paying compensation at full replacement cost and replacement cost has reasonable notice NIRP been paid to each does not supersede the displaced person 2) other LAA since it is a statutory entitlements listed in the act. But in order to RP have been provided to provide relief to the the DPs 3) A displaced people, NIRP is comprehensive income being implemented on a and livelihood directive by the Cabinet of rehabilitation program Ministers of the GOSL. supported by adequate budget is in place for the DPs.
Replacement Provided in the NIRP, At full Replacement Cost Project will follow Cost replacement cost the NIRP and according to regulation Cabinet approved gazetted on 20th January entitlement matrix. 2009.
Assistance for LAA is silent on this Safeguard Policy Provision is vulnerable aspect. NIRP require Statement, 2009 requires available in the people special treatment for the a special assistance for RP. vulnerable groups. the vulnerable people.
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Aspect GOSL Laws/Policies ADBs SPS Measures to Bridge the GAP
Compensation LAA provides statutory As per SPS full RP provides statutory by compensation to be paid in compensation at the compensation to to instalments, but NIRP does replacement cost has to be be paid in one lump instalments not agree paid to the displaced sum. person before any physical or economic displacement will occur.
Source: Consultations, NIRP, SPS, and LAA as amended. 37. It is proposed to bring amendments to the Land Acquisition Act, during this process the gaps that exist between Act and the NIRP might be considered in order to give legislative muscle to the policy on involuntary resettlement. The Safeguard Policy Statement, 2009 and NIRP are almost similar in context.
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CHAPTER 3 – SCOPE FOR LAND ACQUISITION AND RESETTLEMENT
1. Potential Impacts of the Projects 38. Being an urban and sub-urban environment, the land use pattern beyond the existing right-of-way (ROW) is mainly residential build-up area, homestead sections and paddy tracts with occasional scrub holdings belonging mainly to the private sector. Since there is no sufficient government land for widening the existing tract, there is need for land acquisition especially in residential areas, homesteads and paddy tracts and clearing of encroached structures in road reservation. See Figure 1 for location maps of the road project area. Table 2 presents the summary of land acquisition and resettlement impacts, for the first section of the Highway from 53+480 km point to 38+000 km point. The total affected extent is 3820.82 Perches or 9.6 Hectares categorised into private residential commercial and agricultural land affecting 902 DHs. In addition Table 2 also highlights the agricultural land permanently displaced as 774 perches affecting 153 households.
Table 2 Summary of Land Acquisition and Resettlement Impacts
Impacts Number of Unit Number of DPs Number of Area DHs Male Female displaced (Perch) Permanent loss of private, residential/commercial 10% or less of land 1629.01 Perch 1069 1159 544 displaced 10-50 % of land 1363.57 Perch 409 397 198 displaced 50% -100% of land 92.42 Perch 26 32 5 displaced 100% of land displaced 10 Perch 7 8 2 Permanent loss of agricultural land 10% or less of land 441.4 Perch 251 265 129 displaced 11-50 % of land 232.6 Perch 25 32 18 displaced 50% - 100% of land 55 Perch 12 13 5 displaced 100% of land displaced 20 Perch 2 3 1
Loss of Structures Shops 23,753 Sq. ft. 150 164 41
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Impacts Number of Unit Number of DPs Number of Area DHs displaced Male Female (Perch) Houses 58894 Sq. ft. 212 237 54 shops & houses 3351 36 39 7 Corporate-owned 1902 Sq. ft. 21 17 8 factories/Com. building/Stores.
cottages/ temporary - - - - - huts Other Secondary 40314 Sq. ft. 329 342 162 structures Relocation Shops 4665 Sq. ft. 20 21 4 houses 2050 Sq. ft. 05 4 2 shop/ houses 1090 Sq. ft. 03 6 1 Permanent loss of livelihood Owners of displaced 37 Sq. ft. 31 6 37 shops Workers of displaced 29 Sq. ft. 22 7 29 shops Temporary loss of livelihood Owners of displaced 68 Perso 59 9 68 ns Shops Workers of displaced 22 Perso 54 8 62 shops ns Loss of crops/trees 1504 Trees 355 362 175 / crop plants Loss of rental 45 Lots 92 89 45 accommodation Source: LAR Census, August 2007 Updated the extent as per the date of Advance tracing Rounded up to nearest complete figure
Note : The figures given under the permanent loss of private and residential land further analysed under the sub heading of agricultural land. Note: In the column „unit‟, indicate if the number in the preceding column refers to number of units or area of land. Some DPs may experience more than one type of impact. Hence, multiple recording is possible. Note: One Hectare = 395.25 Perches
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2. Scope of Land Acquisition 39. According to the surveyed information shown in Table 2, the road project will demand the acquisition of a total of 3820.82 perches or 9.6Hectares of private lands, belonging to 902 DP households. Table 3 Total Number of Displaced Persons and DP Households by DS Division and Type of Impact (53+480 to 30+000)
DS Division Type of Impacts No of DP DP Population Households Male Female Total Matugama Fully Displaced 166 348 381 729 Partially Displaced 568 112 1,202 2,314 Beruwela Fully Displaced 55 88 83 171 Partially Displaced 113 240 256 496 Total Fully Displaced 221 436 464 900 Partially Displaced 681 1,352 1,458 2,810 Source: Land Acquisition and Resettlement Survey (LARS) –June 2007 and DPs count in December, 2010
3. Impacts on displaced population
40. Table 3 gives the total picture of the No. of DPs displaced and the No. of households by DS Divisions and type of impacts (53+480 to 30+000). The total no. of displaced persons amounts to 3710 in which fully displaced is 900 and partially displaced are 2810. 41. According to Table 4, which gives the summary of displaced persons and DP households by DS division, a total of 221 DHs would be fully affected and 681 DPs will be partially affected. In the displaced house holds the population break down is 900 persons in the fully displaced category and 2810 in the partially displaced category.
Table 4 Number of Fully Displaced DP Households According to type of Impact
Type of Impact Number Percent 1. Will be physically displaced from their present 86 40 holdings 2. Will loss 10% or more of their productive (income- 135 60 generating) assets 3. Will be physically displaced from housing & lose 10% 0 0 or more assets Total 221 100 Source: LAR Census, August 2007
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42. With regard to the land ownership, the fully displaced households comprise of 115 titleholders; 23 tenants; 45 lessees; and the remaining 38 DHs of this category are classified as non-titleholders. The partially displaced category of DHs is as large as 681, of which 486 are titleholders, 55 non-titleholders, 34 tenant / sharecroppers, 62 lessee/renters and balance 44 belong to other categories (shared ownership, mortgaged, squatter etc). The fully displaced 219 DHs are expected to be physically displaced from their present housing. Table 5 provides the details of land types by ownership categories.
Table 5 Number of DP Households losing ownership / Access to land by land Tenure, Land use and Type of Impact
Land Tenure Type of Displaced Land and Impact Residential Trade and Agricultural Public / State Others Land Business Land Land Land Full Partial Full Partial Full Partial Full Partial Full Partial Sole deed 46 231 61 103 6 121 0 13 2 18 /Titleholder Claims 8 38 9 8 1 6 0 1 2 2 ownership but without title Shares 2 14 11 5 0 15 0 0 0 4 ownership with another person Owner but has 1 0 1 2 0 0 0 0 0 0 mortgaged the property Owner but has 0 1 0 0 0 0 0 0 0 0 leased the property to another person Lessee/ Renter 3 14 41 39 1 1 0 1 0 7 Tenant/ 1 5 21 28 1 1 0 0 0 0 Sharecropper Squatter 0 2 3 2 0 0 0 0 0 0 Total 61 305 147 187 9 144 0 15 4 30 Source: LAR Census, August 2007
43. There is a great diversity in the livelihoods of the DHs that have been displaced. Since the proposed highway road -project is a link from one urban centre to another and traversing through urbanised area, the majority of the displaced livelihoods are business establishments of various scale and type. 21
44. A total of 103 persons would lose their livelihoods 46 permanently and 57 temporarily. The agriculture related livelihoods (crops, livestock & fishing) that are displaced are very negligible.
Table 6 - Livelihoods of DPs which are Affected by the Project (Owner only)
Type of Livelihood Temporarily Permanently Total Affected* Affected*
Male Femal Male Female Male Femal e e
Retail shop (essential items) 11 2 7 5 18 7
Wholesale shop (essential 4 0 1 1 5 1 items)
Small shop (services) 6 4 3 1 9 5
Large shop (services) 4 0 4 0 8 1
Garage/tyre shop/service centre 3 0 2 0 5 0
Hardware shop 1 0 0 0 1 0
Hotel/restaurant/bar 2 0 2 2 4 2
Tea shop 5 3 3 1 8 4
Fish stall 1 0 0 0 1 0
Others (specify) 9 1 14 0 23 1
Total 46 11 36 10 82 21
Total temporarily affected 57; permanently affected 46
Source : LAR Census, August 2007 45. Most displaced categories of both temporary and permanent level are retail shops, small shops of service nature and hotel/tea shop, all of which are small in scale and land area covered. Out of total number of these businesses, 80 percent are owned by male. Table 8 indicate the distribution of affected livelihoods. 46. Table 09 indicates the monthly income derived by DHs in the displaced business and/or livelihoods. Accordingly, around 90 percent of the DHs are small to medium level enterprise holders with a monthly income of below Rs. 100,000.
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Table 7 Monthly Income Derived by DHs in the Displaced Business/Livelihood
Monthly Income from Temporarily Permanently Total the Displaced Displaced Displaced Livelihood (Rs.) Male Female Male Female Male Femal e <5000 4 1 0 0 4 1 5001-7500 7 1 2 1 9 2 7501-10000 7 2 5 2 12 4 10001-15000 4 3 6 4 10 7 15001-25000 6 2 8 2 14 4 25001-50000 10 1 11 1 21 2 50001-100000 4 1 3 0 7 1 100001-200000 2 0 1 0 3 0 >200001 2 0 0 0 2 0
Total 46 11 36 10 82 21
Source: LAR Census, 2007
4. Impact on Community / Common Property Resources 47. A few numbers of common properties will be fully and partially displaced by this road -project. They include 3 schools, 8 community signboards 1 public graveyard, 4 public vehicle terminals, 8 power distribution poles, 19 power transmission towers and 10 bus stops and several other items as listed in the Table 11 and 12. The RP will include the rebuilding and relocation of these structures outside the new ROW. Table 8 Type of displaced community/ common structures and the type of impact
Type of Community / Impact Total Common Structure Partially Fully Displaced Fully Displaced Displaced (No but can be and needs to shifting shifted within be shifting to needed. Only the remaining another minor repairs portion of the location needed) plot
Schools 2 1 0 3
Community signboards 4 2 2 8
Public graveyard/ 1 0 0 1 Cemetery
Terminal for public 3 1 0 4 vehicles
Others (Specify) 14 1 8 23 Total 24 5 10 39
Source: LAR Census, August 2007
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Table 9 Type of displaced Utilities
Type of Utilities Impact Total
Partially Fully Fully Displaced Displaced but Displaced (No shifting can be shifted and needs to needed. Only within the be shifting to minor repairs remaining another needed) portion of the location plot
Power distribution 8 0 0 8 poles
Power Transmission 1 18 0 19 towers
Bus stops 1 9 0 10
Others (Specify) 1 2 0 3 Total 11 29 0 40
Source: LAR Census, August 2007
5. Consultation Process for Land Acquisition and Resettlement 48. Being a highly populated urbanised area with a majority of land, assets and structures belonging to private owners, the consultation process calls for careful community awareness and mobilisation with the involvement of local stakeholders. In this regard, two Divisional Secretaries, three Urban Councils/Pradeshiya Sabhas will have to play important mediatory roles for timely acquisition and resettlement after the negotiation of entitlements with DHs. The execution of the RP would be a responsibility of the Project Management Unit (PMU) of RDA, with the assistance and guidance of the Environment and Social Division (ESD).
6. Legal Framework for Land Acquisition and Resettlement 49. The resettlement interventions in the RP have been proposed in accordance with resettlement laws and regulations adopted by GOSL, particularly under the NEA, NIRP and Resettlement Framework of the NHSP. NEA requires preparation of a RP when there are more than 100 families are displaced by any prescribed development project. However, NIRP requires a RP if there are more than 20 families displaced by the project. The SPS require a preparation of a RP what ever the number of physically or economically displaced persons. RDA carries out resettlement as prescribed in the Resettlement plans as well as SPS of the ADB.
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CHAPTER 4 – SOCIOECONOMIC PROFILE
1. General Socioeconomic Condition in the Project Area 50. As was mentioned in the introduction, there will be a total of about 3710 DPs in this road section, which include 902 displaced households (DHs) of with 221 households are fully displaced, and the balance 681 will be only partially displaced. 51. As shown in Table 12, around 52 percent of the DHs are between the age group of 40-60 years. Over four fifths of the total displaced DHs are male-headed household families. Table 10 Age of Displaced Households disaggregated according to gender
Age Male Female Total
No of % No of % No of % Persons Persons Persons Year 18 - 30 50 88 7 12 57 9 31 – 40 160 92 14 8 174 19 41-60 394 85 72 15 466 52 61-70 94 70 41 30 135 15 Over 71 58 83 12 17 70 8 Total 756 84 146 16 902 100
2. Information of Displaced Persons / Household Heads 52. In terms of the civil status of the household, 81 percent belong to the married category and only 15% are unmarried while the balance are categorised as widowed, divorced and/or separated. There are more men (86%) who are unmarried than women in the unmarried group, and in the widower category 64% are females. This interesting pattern is indicated in Table 14 below. Table 11 Civil Status of DP Household Heads disaggregated according to gender
Civil Status Male Female Total
No of % No of % No of % Persons Persons Persons
Married 626 86 106 14 732 81
Unmarried 118 86 19 14 137 15
Widow/widower 12 36 21 64 33 4
Total 756 80 146 20 902 100
Census Survey, 2007 August 53. Another interesting pattern can be identified in the analysis of the education attainment of the displaced households. As seen in Table 15, over 73 percent of the 25
DHs have education level above the GCE (O/L) including 4 percent of graduates. This is a common phenomenon particularly in the urban and urbanised rural areas of the Galle district, according to other sources as well. Table 12 Educational Attainment of Household Heads disaggregated according to gender Education Male Female Total No of % No of % No of % Persons Persons Person s None 8 73 3 27 11 1 Class I-V 24 68 11 32 35 4 Class VI-G.C.E. (O/L) 172 90 18 10 190 21 G.C.E. (O/L) Pass 241 82 54 18 295 33 G.C.E. (A/L) Pass 279 83 56 17 335 37 University 24 86 4 14 28 3 Undergraduate/ Graduate Post Graduate 5 100 0 0 5 1 Other 3 100 0 0 3 0 Total 756 80 146 20 902 100 Census Survey, 2007 August 54. With regard to the ethnicity, there is no bigger diversity as almost 98 percent of the DHs population belongs to the Sinhalese ethnic category, which is evident from Table 15. Table 13 Ethnicity of Household heads disaggregated according to gender
Ethnicity Male Female Total No of % No of % No of % Persons Persons Persons Sinhalese 749 84 143 16 892 98 Tamil 3 75 1 25 4 1 Moor 0 0 0 0 0 0 Other (specify) 4 67 2 13 6 1 Total 756 146 902 100 Census Survey, 2007 August 55. Based on the surveyed information, the average family size of the DP households can be regarded as 4 as a good majority (75%) of households have membership size ranging between 3 and 6 (Table 16).
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Table 14 Size of Displaced Households Figure 2 Size of DHs
Household Total Size of AP Households Total Number Size Number % 1 – 2 1 – 2 138 15 3 – 4 3 – 4 405 45 5 – 6 7 and above 5 – 6 285 32 7 and above 74 8 Total 902 100 56. Over 8% of the DPs are below the age of 5 years, 12% are between ages 6 and 14 years, 26% are between 15 and 30 years and another 42% DPs are between 31 and 60 of age, whereas 12% are above 60. The male to female ratio of total DPs is 0.93 to 1.07 which is also much higher than the national average. Table 17 contains the details on age distribution of the DPs by gender. Table 15 Age and Gender of Displaced Household Members
Age Male Female Total No of % No of % No of % Persons Persons Persons 5 and below 145 46 168 54 313 8 6 –14 215 49 221 51 436 12 15-30 465 49 487 51 952 26 31-45 424 44 531 46 955 26 46-60 298 50 304 50 602 16 61 and 241 53 211 47 452 12 above Total 1788 48 1922 52 3710 100 Census Survey, 2007 August 57. According to the information on marital status of the displaced household members, over one fourth of them are recorded as married of which 70% are men. There are 90% widows, which indicate that, the higher life expectancy among women than men. However, there are more female members (52%) than male when the total number of household members is taken into consideration (Table 18).
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Table 16 Civil Status of Displaced Household Members Civil Status Male Female Total No of % No of % No of % Persons Persons Persons Married 698 53 612 57 1310 35 Unmarried 828 46 963 54 1791 48 Widow/widower 8 10 72 90 80 2 Minor 254 48 275 52 529 15 Total 1788 48 1922 52 3710 100 Census Survey, 2007 August 58. The education attainments of the displaced household members also show an interesting pattern as females higher in percentages of all categories as shown in Table 19. The most noteworthy fact is that female members without any education are almost double of the male members. Table 17 Education of Displaced Household Members Education Male Female Total No of % No of % No of % Persons Persons Persons None 28 34 55 66 83 2 Waiting for 152 46 176 54 328 9 Schooling Primary 847 45 1027 55 1874 51 Secondary 716 54 612 46 1328 36 Tertiary or Higher 44 48 48 52 92 2 Other 1 20 4 80 5 0 Total 1788 1922 3710 100 Census Survey, 2007 August 59. The number of DP household members with physical and mental disabilities is less than 1% of the total population, and seriously disabled people reported are only one 0.4%.
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Table 18 Displaced Household Members with Physical and Mental Disabilities
Disability Male Female Total
No of % No of % No of % Persons Persons Persons
Partially disabled 06 40 11 65 17 53
Seriously 09 601 06 35 15 47 disabled
Total 15 100 17 100 32 100
Source: LAR Survey, August 2007and Rapid Survey February 2011 Note:-The figures given in Tables 17-20 are inclusive of house hold heads
3. Trade and Business 60. Permanently economically displaced number of is 46 and temporarily displaced number of persons is 57. The most number of persons who would lose businesses is skilled labour (72) while labour and allied services is second highest displaced (92), as shown in Table 21. Table 19 Workers/Labourers in Businesses/Enterprises which are affected by the Project
Position Temporarily Displaced Permanently Total Displaced Male Female Male Female Male Female Managerial / 4 6 2 1 6 7 Supervisory Position Labour and allied 18 51 11 12 29 63 service (clerks, Cashier, office aids, book keepers, sales employees, etc) Non-agricultural 46 2 24 0 70 2 skilled labourer (Masons, carpenters, Machine operators, Technicians) Unskilled Labourer 27 4 15 2 42 6 Agricultural labour 1 1 0 4 1 5 (Including workers in 29
poultry farms/piggery) Total 96 64 52 19 148 83 Percentage from 65 77 35 33 100 100 Total Source: LAR Census, August 2007
4. Income Sources of Displaced Household Members 61. The majority of displaced household members (99%) have only one major source of income and four persons have a secondary source of income. Out of all income sources, commercial activities take the first place as 236 persons are engaged in this category of income, which is 29 percent of all income sources. The next highest source of income is the government service, which takes 191 (24%) persons, followed by another 114 (8%) persons engaged in private sector work. Other sectors of importance income sources are government service executives, private sector executives, armed forces, skilled labour and vendors. The distribution of income sources by type is shown in Table 22.Although the above establishments are affected most of the employees will not lose their livelihoods as they will recommence their businesses with the compensation paid by the project.
Table 30 Primary and Secondary Sources of Income of Displaced Household Members
Source of Income Primary Source Secondary Total Source
No of % No of % No of % Persons Persons Persons
Farming own land 7 100 0 0 7 1
Agricultural labour 4 100 0 0 4 1
Non-Agriculture labour (skilled) 15 100 0 0 15 2
Non-Agriculture labour (unskilled) 19 100 0 0 19 2
Fishing 1 100 0 0 1 0
Weaving 12 100 0 0 12 2
Animal Husbandry 11 92 1 8 12 2
Commercial Activities 234 99 2 1 236 29
Vendor (specify) 10 100 0 0 10 1
Government Services/Executive 76 100 0 0 76 9
Government Services/other grades 190 99 1 1 191 24
Private Sector/Executive 32 100 0 0 32 4
Private Sector/Other grades 114 100 0 0 114 18
Armed Forces 12 100 0 0 12 1
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Police, Home guard/Security Services 6 100 0 0 6 1
Other (specify) 64 100 0 0 64 3
Total 807 99 4 1 811 100
Source: LAR Census, August 2007
Note:-The above figures indicate the categories of employment but not the displaced number.
5. Vulnerable DPs 62. The SES conducted on special issues, has generated information relating to vulnerable groups and gender. According to the income levels, there are only 2.4 percent poor households (03% marginal and 2.1% poor with income below Rs. 5,000 per month), and another 2.4 percent belong to income category of transitional poor. The balance (27.5% average non-poor and 67.7% better-off) can be considered as non- vulnerable DPs (Table 23). Table 21 Distribution of Displaced Households according to income levels per DS division
DS Income Group (Per capita monthly income) Division Marginal Poor Transitional Non Poor Better Off Matugama 1 6 7 79 186 Aluthgama 0 1 1 12 38 Total 1 7 8 91 224 Source: Socio Economic Survey, August 2007 Note: Total number surveyed 331.This is only a percentage (sample) of the total population.
63. The vulnerability survey reveals that there are 64 female-headed households, 50 elderly-headed households, 43 marginal/poor households and 9 handicapped/disabled DPs. There is only one household that has been categorised as ethnic-minority headed DHs, who is considered a potential candidate for vulnerability. In total there are 167 vulnerable DPs as indicated in Table 25. These households high risk of impoverishment than the other AHH and as such they merit special attention in the process of resettlement and facilitating their entitlements. This vulnerable group is only 13.6 percent of the total displaced households.
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Table 22 Vulnerable Displaced Households
DS Vulnerable DPs Total Division Female Elderly Marginal / Handicapped Ethnicity headed headed Poor disabled DP Minority/ household household Households DP with no with no household means of means of head support support Matugama 42 44 27 6 - 119 Aluthgama 22 6 16 3 1 48 Total 64 50 43 9 1 167
Source: Socio Economic Survey, August 2007
6. Gender Aspects 64. Of the displaced household members, 48 percent are males and balance 52 percent are females, of the females 32% are married ,50% spinsters ,03 % divorcees and the rest is minors. Of the males 39 % married ,36 % bachelors, .04 % widowers and the rest are minors. Of the total female DPs, 3.5% are illiterate people, which is equal to 65% of all illiterate people. Fifty five percent of all female have attained education up to primary level; another 29 females have attained secondary level education while 6 percent of female have tertiary education, which is considered significant compared to male DPs, whose percentages read as 58 for primary education, 25 for secondary education and only 4 for tertiary education. 65. Although female DPs have a good educational background, the total share of employment by females is only 33%. Over 54% of females are employed in labour and allied services and their share for non-agricultural skilled labour is 19%, which is 20% of total employed female population. 66. However, being an urban and urbanized rural area, the men as well as women are more economically active in the road-project area, compared to other parts of the country. Usually, most women in this social and cultural setup undertake many responsibilities than their male counterparts. While men are mainly confined to economic activities, women undertake both household activities and part of income generating activities, if not fully involved in the main economic process.
7. Attitude of the DPs towards the development of the road project - perceived socioeconomic impacts 67. Being mainly an urban region increasingly famous for tourist industry, one may expect positive attitudes from the part of the respondent displaced persons. However, when the multiple responses from different segments of people are analysed, the immediate concern of fully displaced persons is that project will cause the displacement of their traditional residences and disturbances to their livelihoods. On average most of the DPs perceive the project as a progressive move in terms of receiving the maximum
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benefit from the construction of this important highway link to the Southern Highway. With their past experience of the Galle – Colombo Highway, a good majority of the people expect the land value along the highway would be appreciated and thus the demand for land would also be increased, favouring their life chances. 68. As shown in table 26, in terms of social impacts, one fourth of respondents are more sensitive to possible increase in noise pollution caused by the increased traffic on the future highway. In economic terms, their main concerns are the loss of income (16%) and temporary disruption on transportation (19%). Table 23 DPs‟ Perceived Adverse Social and Economic Impacts of the road project (multiple responses)
Perceived Social and Economic Impacts Number Percent Social Lose of relatives and neighbours 60 3 Lose of friends 32 1 Lose of religious place/s 45 2 Affects Children's Education 112 5 No sufficient remaining land to resettle 198 8 Increase in Air and Noise pollution 514 22 Temporary disturbance on Family Life 186 8 Other Economic Loss of Income 364 16 Increasing cost of living 55 2 Parting from business premises and work places 181 8 Limitation of Social Infrastructure 11 1 Temporary disruption on transportation 416 19 Temporary disruption on tourism 82 4 Loss of goodwill 30 1 Other 0 0 Total Responses 2286 100 Source: LAR Census, August 2007
8. Perceived social and economic advantages 69. Even though their perceptions towards immediate and short-term impacts of the road project on their personal livelihoods are rather negative, DPs regard it as a positive and timely move in terms of the regional development at large, and they perceive the project would accrue several social and economic benefits or advantages, as shown in Table 27. 33
70. They regard the definite increase in land value and the high demand for land as the most important changes that would make under the project, above all the social advantages. Main economic advantages that they perceive from the highway project are increased transport facilities and the development in the business premises and work places.
Table 24 DPs‟ Perceived Social and Economic Advantages of the road project (multiple responses)
Perceived Social and Economic Impacts Number Percent Social Improve Road Security 246 9 Improve the quality of Environmental conditions 54 2 High demand for lands 618 22 Increase the land value 712 25 Improve tourism 215 8 Other 0 0 Economic Generate additional Income 210 7 Reduce cost of living 5 0 Develop business premises & work places 246 9 Develop Social Infrastructure 108 4 Develop transportation facilities 411 14 Other 0 0 Total Responses 2825 100 Source: LAR Census, August 2007 71. The highway project once completed would generate multiple advantages to regions with the road-associate other infrastructure facilities that would also generate benefits to people directly or indirectly engaged in tourism and related economic activities. This is so perceived owing to the fact that direct access to and from the Southern Highway is provided by the road project that would open the door to the tourist zone in Aluthgama and beyond, bringing in a chain of socio-economic benefits.
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CHAPTER 5 – INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATORY PROCESS
1. Consultation process with agencies responsible for Land Acquisition and Resettlement 72. Prior to land acquisition and resettlement, workshops were conducted to apprise the principle agencies responsible for land acquisition namely, Ministry of Land and Land Development, Departments of Valuation, Survey, Government Printer and the Divisional secretaries. These workshops were organized by the PMU with the concurrence of the Ministry of Ports and Highways.
2. Public Disclosure and Information Dissemination 73. Public disclosure of information and maintenance of transparency by the PMU with all stake holders, specially the displaced persons is one of the cardinal policies of the NIRP and SPS. When activities of the PMU become transparent it will lead to the establishment of mutual trust between the PMU and the stake holders. This process will have salutary effect on all activities of the road project as suspicion and mistrust can have serious negative effect on the implementation of project activities 74. After the initial discussions with the officials of the relevant departments, As described in preceding paragraph , prior to commencement of the land acquisition process, series of public disclosure measures were taken to educate DPs an land acquisition process and resettlement sites.
3. Consultation during RP preparation and implementation 75. Before the commencement of the land acquisition and socio economic survey, resettlement assistants were recruited to facilitate the process of consultation. A work shop was conducted in Colombo for the representatives of the main agencies connected with the land acquisition and resettlement to apprise them of the programme in place to disseminate information regarding land acquisition, preparation of RP and the resettlement process. Thereafter discussion was held with the Divisional Secretary, Aluthgama to organize an awareness meeting with all concerned stake holders. This meeting was attended by members of the clergy, politicians of the area Gramaniladaris, Samurdhi Niyamakas, agricultural assistants, and representatives of the community based organizations and representatives of the relevant government departments. Over two hundred people attended the meeting where hand outs on the project profile and compensation package was distributed among the participants. Presentations were made by the officers of the NHSP on the design of the road project, land acquisition process and brief introduction of the Land Acquisition Act and strategies and proposals to address the resettlement issues. After the presentations a friendly discussion was followed between the officers and the audience to clarify issues which were not fully understood by the members of the public. The participants pledged their support for the 35
expeditious implementation of the project. The information flyer distributed among the participants who are directly involved with the functions of land acquisition and resettlement contains the description of the proposed improvement to the highway and entitlement matrix, and the addresses and telephone numbers of persons to be contacted for further clarifications and information. There were few inquiries from DPs subsequent to the meeting PMU had with them. PMU promptly responded to such inquiries. 108 stake holders attended the meeting. 76. After the meeting with the principal members of the concerned departments. a work shop and a meeting were conducted for the staff of the Divisional Secretary, who are directly involved with the functions of land acquisition and resettlement and for the DPs, their representatives, GNN, Samurdhi Niyamakas, representatives of CBOs, with the assistance of Department of Surveys and Valuation, on the law, procedures and systems in relation to acquisition of land and the payment of compensation .Following participants were present.
4. Information Disclosure 77. The disclosure arrangement of information on the land acquisition process, payment of compensation, entitlements which started from the planning stage will continue as a participatory process till the end of the project. 78. The RP should be available for the general public to study and will be displayed at public places such as DS Offices and Local Authorities (Municipal Council/Urban Council/Pradeshiya Saba) where DPs have easy accessibility. The places of information disclosures are shown in Table 27.
Table 25 Places of Information Disclosures for DPs
5. Location / Place of 6. Target Community / No of Meetings Information Disclosure Groups 7. Matugama Divisional 8. DS, GNs, DPs, Venerable9. 01 Secretariat Office Monk of Matugama Temple, Representatives of Western Provincial Council and Matugama Pradeshiya Sabha, CBO leaders and NGO representatives 10. Aluthgama Divisional 11. DS, GNs, DPs, Venerable12. 01 Secretariat Office Monk of Sri Nagagarama Temple, Representatives of Western Provincial Council and Aluthgama Pradeshiya Sabha, CBO leaders and NGO representatives
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Table 26: Completed and Planned Public Consultation and Disclosure Activities
1) Completed Consultations and Disclosure Activity Objective Place Timing/ Responsible Feedback / No Action date Unit Issues / participated Taken Concerns / Raised
Workshop with To disseminate Colombo- Before LAR Unit of Staff 70 Acquisition concerned information Building meeting NHSP shortages Officers to Departments regarding the Research the public, ,and be project and seek Institute assistance recruited late their assistance from RDA on by PMU to July2007 to accelerate the logistics, assist the process of land sundry DSS, acq & RS expenses Provide logistical support Surveying of land by Private Surveyors under the supervision of SD
Public Meeting Explain the District Before the DS & LAR Loss of 80 UDA has with DPs parameters of Secretariat conduct of unit of the income, agreed to NGO,CBO and the road project, Office the NHSP resettle at the allow National and land acquisition kalutara Census same location building at Local process, &SES even if the the same Politicians Safeguard Policy Survey remaining location Statement, 2009 extent does even if the 1st week & NIRP on not conform remaining of to the extent is Involuntary July2007 minimum smaller resettlement area than the Payment of stipulated for required compensation buildings by extent. and entitlement the UDA. matrix Payment of reasonable compensation issues raised by would be affectees
Distribution of Public Divisional Before the LAR unit of Accelerate 186 Negotiating informative disclosure, Secretariat, conduct of the NHSP the land with the literature maintenance of Beruwala the & ESD of acquisition relevant 37
Activity Objective Place Timing/ Responsible Feedback / No Action date Unit Issues / participated Taken Concerns / Raised transparency, Census RDA and agencies Confidence &SES resettlement to building, process, accelerate 2.6.2007 request by the land DPP acq. Process
Public Meeting Explain the District Before the DS &LAR Loss of 123 UDA has with DPs parameters of Secretariat conduct of unit of the income, agreed to NGO,CBO and the road project, Office the NHSP resettle at the allow National and land acquisition kalutara Census same location building at Local process, &SES even if the the same Politicians Safeguard Policy Survey remaining location Statement, 2009 extent does even if the 1st week & NIRP on not conform remaining of June to the extent is Involuntary 2007 minimum smaller resettlement area than the Payment of stipulated for required compensation buildings by extent. and entitlement the UDA. matrix Payment of reasonable compensation issues raised by would be affectees
Distribution of Public Divisional Before the LAR unit of Accelerate 87 Negotiating informative disclosure, Secretariat, conduct of the NHSP the land with the literature maintenance of Matugama the & ESD of acquisition relevant transparency, Census RDA and agencies Confidence &SES resettlement to building, process, accelerate Ist week request by the land mof June DPP acq. 2007 Process
Visit to DP‟s Distribute the Beruwala & With the Staff NHSP Accelerate 902 Will Residences Sec2 Notice Matugama publication & Grama the land accelerate D.S. Sec. 2 Niladharies acquisition the LAA Divisions notices and process resettlement process, request by DPP
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Planned consultations and information dissemination
Table 27: Planned consultations and information dissemination
Activity Objective Timing Responsible Unit / Agency Consultation with Explain the process Before publication DS,ESD,PMU, DPs leading to the taking of the Sec 38 (a) over possession of notice but lands Sec38(a) notice was not published. Meeting DPs in Prepare them to face Before Sec.9(1) GNN, RAA & groups GN Division the title determination inquiries PMU wise inquiries Sec.9 ( 1) and brief them on the documents to be submitted at the inquiry Meeting with DPs & Discuss options of Before relocation DS, GNN, RAA, host community, on relocation PMU & ESD selection of relocation sites, it available to be developed by the PMU Meeting with the DPs Post resettlement After resettlement DS, GNN, RAA, Issues and formation of PMU & ESD
societies by the DPs
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CHAPTER 6 – ENTITLEMENTS
79. The cabinet of ministers has approved an entitlement package to cover all most all anticipated losses by the would be displaced people. Interests of the lessees, vulnerable groups, loss of employment and income from businesses have been taken care of by the compensation package applicable to the displaced persons of road project B157.This package is more advantageous to the DPs than the package implemented in the Southern Transport Development Project and covers all aspects of losses anticipated by the DPS.
1. Highlights of Entitlements
1.1. Replacement Cost 80. Replacement cost could be defined as the compensation required in replacing a similar land in a similar location and a building of similar floor area and construction.
1.2. Loss of Buildings 81. Replacement cost will be paid for all buildings irrespective of the age of the building. DPs are entitled to retain the salvage materials .In order to translate the concept of helping the displaced persons to achieve a higher level of living standard than what they experienced prior to the implementation of the project, A DP who was in occupation of even a cadjan hut (temporary) is entitled to a cash grant of Rs.300,000 for the loss of the house in addition to other compensation available for resettlers.
1.3. Loss of Agricultural Land 82. Agricultural land is a land that is under perennial crops or cultivated seasonally or annually by the owner or lessee or tenant, in conformity with the current international practice, households will be classified as fully displaced persons when the loss is,
Total area Displaced area Compensation applicable Less than 01 acre 10% Cash or land (if available) Compensation, for loss of crops Livelihood grant More than 01 acre 25% same as above 83. Title holders who lose is less than 10% from a total holding is considered as DPs who are not significantly affected. Wherever possible land for land option will be considered in addition to the compensation of loss of income. Where suitable land is not available, adequate compensation for the loss of land will be paid as per the entitlement matrix.
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1.4. Temporary Loss of Private Land 84. During construction temporary occupation of privately owned land may be required to excavate materials for filling and formation of embankments. If such a necessity occurs the contractor with the concurrence of PMU will sign a temporary occupation contract with the owner of the land specifying: Period of occupancy Terms and compensation amounts mutually agreed Compensation for material losses for the duration of the temporary occupation period Compensation for other disturbances and damages caused to property the frequency of compensation payment Rehabilitation and restoration measures Land will be returned to the owner at the end of the temporary occupation period restored to its original condition or improved, according to the agreement
1.5. Determination of Rates for Properties Acquired 85. The rates that will be used for the calculation of compensation for the acquired properties will be based on the prevailing market rates in order to reflect the cost of replacement of the properties acquired. NIRP and Safeguard Policy Statement, 2009 mandate that the compensation payable to DPs should be adequate enough to replace their loss assets. Project has taken into consideration those policy guidelines in determining the relevant rates.
1.6. Special Needs of Vulnerable Households 86. Vulnerable households have being identified by the land acquisition and SES survey conducted by the project in the second half of July 2007.Women headed households, very elderly, disabled and people with title to their land have been included in this category. They are entitled to an special grant of Rs.15,000 per household in addition to the compensation available for other losses. Assistance will be provided by the PMU during the construction of houses by them.
1.7. Special Preparation for the Vulnerable Groups 87. A plan of action will be specially designed for the vulnerable groups as they would feel the effect of resettlement more fully than others .The identified group of vulnerable people will be helped by community organizers who will identify their needs and interests in consultation with them, prior to resettlement these community workers will help the vulnerable DPs to build their skills, identify opportunities, and review constraints that hinders improvement to their socio economic status. The resettlement options also could be discussed with them to enable them to select the best option available to them .The small groups of vulnerable people depending on the category of vulnerability may be linked to national institutions that provide assistance and interventions to such groups. As an example disabled people could be linked to the National Disabled Council which falls under the purview of Ministry of Social Services. 41
1.8. Entitlements for Tenant Cultivators
Under Paddy Lands Act 88. Paddy Lands Act of 1958 was one of the most socially progressive legislation ever to be enacted by the Parliament of Sri Lanka. The Paddy Lands Act ensures the perpetuity of tenancy. As per the provisions of the Paddy Lands Act, part of the compensation of the acquired property is allocated to the tenant.
Land Owned by State Plantation Corporation 89. People who are in possession of lease agreements with the plantation corporations are entitled to loss of income for the balance period of the lease agreement.
2. Project Entitlement Matrix Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement
A. AGRICULTURAL LAND
Loss of Owner with All (cash) payments for land Payment for lost RDA, CV, DS, Agricultural title deed or will be at replacement costs. assets and LARC. LARC land registration Cash payment for loss of restoration of certificate standing crops and trees at livelihood. Payment market prices In case the DP for loss of income loses 10% or more of their based on productive, income generating entitlement under assets and / or remaining Land Acquisition portion is economically not Act [46 1 (iii)] or as viable for continued use as determined by the determined by LARC, these LARC. options will be available: - 1) If opted by DP, the remainder land will be acquired or injury will be paid at replacement cost if economically not viable. Reasonable time will be given to harvest perennial crops if not payment will be made at market value. 2) Preference will be given to DPs for land for land option (similar location and productive quality, subject to availability or cash payment for loss of land at full replacement costs. Cash Payment for loss of income for
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Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement portion of land as per the land acquisition Act or as determined by the LARC.
Loss of Tenant, user No payment for land. Cash Payment to cover RDA, CV, DS, access to with lease payment for loss of standing lost crops and LARC. agricultural crops and trees at market restoration of land prices, if cultivated by tenant livelihood or user with lease; AND Cash payment for loss of net income for portion of land affected for the remaining leased/assigned period.
Loss of Ande farmer No payment for land. Cash Payment to cover RDA, CV, DS, access to (sharecropper) payment for loss of standing lost crops and LARC. agricultural crops and trees at market restoration of land prices; AND Transition livelihood subsistence (in cash or kind) allowance equivalent to loss of crop or harvest for portion of land affected for the remaining period of sharecropping agreement.
Loss of Non-titled user No payment for land. Cash Payment to cover RDA, CV, DS, access to or squatter on payment for loss of standing lost crops and LARC. agricultural private land or crops and trees at market restoration of land state land prices, if cultivated by him. livelihood. B. RESIDENTIAL LAND AND STRUCTURES All (cash) payments for land Loss of Owner with Payment for lost RDA, CV, DS, and structure will be made at Residential title deed or replacement costs. All assets, assistance LARC. land and registration payments at replacement cost to reorganize on structure certificate in cash, according to the existing land or actual loss to repair or rebuild relocate on the structure to original or alternate land and better condition when remaining land sufficient to support for rebuild upon; For structures transition period. not having sufficient land to rebuild upon will be entitled to the following: 1. All (cash) payments for land and structure at full replacement cost (for materials and labor) in cash, WITHOUT deduction for depreciation or salvageable materials; 2. Assistance from LARC to locate alternative plot for relocation; OR 3. Rehabilitation package G 2. Shifting allowance see G1. 4. Displaced persons who lose their residence completely 43
Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement he/she is entitled to extra allowance between Rs. 150,000 to Rs. 500,000 depending on the location. 5. For non-title holder the allowance for a alternative land varies from the Rs. 100,000 to Rs. 250,000 depending on the location. Rent allowance varying from Rs. 20,000 to Rs. 100,000 will be paid according to the location (Local Authority Area). Minimum payment for a house (Hut) irrespective of the title will be Rs. 300,000 Shops and Owner, renter, Difference between Equitable D.S, Valuation Houses under the lessee replacement cost and statutory distribution of Department, Rent Act payment to be divided compensation RDA between the owner and the depending on the
occupant on the following period of basis. occupation. Payment of compensation at replacement cost, according to the following criteria.
Period of % of payment
occupatio occupa owne n nt r
Over 20 75 25 years
10-20 50 50 years 05-10 25 75 years
Less than 10 90 05 years
Cash payment for Loss of rental Tenant, user If there is partial loss of rental RDA, CV, DS, rental allowance or accommodati with lease accommodation, DP has the cash value of LARC. on option to stay with the owners remaining lease, agreement OR if DP chooses assistance for to move out, cash assistance finding alternate
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Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement of Rs. 15000 AND Assistance rental in finding new affordable rental accommodation accommodation. and support during transition period. No payment for land. All Payment for lost RDA, CV, DS, Loss of Non-titled payments for structure at assets, assistance LARC. residential user, non- replacement costs in to reorganize on structure permitted user materials, cash according to land or provision of or squatter the actual loss for repairing or alternate site if rebuilding the structure; AND If choosing to affected land is state land DP relocate and may rebuild on the remaining support for land with permission, and if transition period. affected land is private land the project will encourage DP to relinquish the land and relocate on alternate land or DPs can rebuild on existing land then shifting assistance G 1 i. If DP has to relocate then Rehabilitation package – G 1 ii and G 2. If part of the structure is acquired the area to be considered for payment will be calculated up to the structural support point. C. COMMERCIAL LAND AND STRUCTURE RDA, CV, DS, Loss of Owner / All (cash) payments for land Project shall give LARC. commercial operator of lost at full replacement cost; reasonable time for land and registered Payment at replacement cost DPs to continue structure business in cash, according to the their business actual loss to repair or rebuild operation while the structure to original or rebuilding their better condition when structures. DPs will remaining land sufficient to rebuild their rebuild upon; Payment for any structure as soon associated loss of income as payment is while commercial structure is released and clear being rebuilt. For structures the area in the not having sufficient land to agreed timeframe. rebuild upon will be entitled to Transition the following: 1. All (cash) assistance and payments for structure lost at income restoration. full replacement cost (for materials and labor) cash, WITHOUT deduction for depreciation or salvageable materials; 2. Assistance from LARC to locate alternative plot 45
Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement for relocation; OR if opted by DP on recovery of the undeveloped value of the plot depending on availability of land 3. For income losses cash payment not exceeding three times the average annual net profits from business, as shown by the books of accounts, for three calendar years immediately preceding acquisition or livelihood restoration grant, whichever is higher 1. For businesses who do not maintain books of accounts cash payment equivalent to 6 months net income OR 4. Livelihood assistance grant, Rs 15,000.00whichever is the higher; 5. Rehabilitation Package – G 2 and G2 ii if required.
Loss of Tenant / If there is partial loss of Cash payment for RDA, CV, DS, commercial operator of structure, DP has the option to livelihood LARC. Structure registered stay with the owners restoration, business agreement or if DP chooses to assistance for move out, cash assistance of finding alternate 15,000 AND Assistance in rental finding new affordable rented accommodation premises to re-establish and support for business For income losses income losses and cash payment not exceeding during transition three times the average period. annual net profits from business, as shown by the books of accounts, for three calendar years immediately preceding acquisition or livelihood restoration grant, whichever is higher. For businesses who do not maintain books of accounts cash payment equivalent to 6 months net income OR Rs.15,000 Livelihood
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Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement assistance grant, whichever is the higher. If part of the structure is acquired the area to be considered for payment will be calculated up to the structural support point. For structure – all payments RDA, CV, DS, Loss of Owner or Payment for lost for structure lost at LARC. commercial operator of replacement cost in cash, assets, transition Structure non-registered according to the actual loss; assistance and business / AND For income - cash income restoration squatter payment equivalent to 6 months net income OR Rs. 15000.00 Livelihood assistance grant, whichever is the higher; AND If affected land is state land DP or if land is private land the project will encourage DP to relinquish the land and relocate on alternate land or; AND Rehabilitation package – Items G.2, and G.2 ii if required. D. OTHER PRIVATE PROPERTIES OR SECONDARY STRUCTURES Partial or RDA, CV, DS, Owners of All (cash) payments for Payment for loss complete loss LARC. of other structures affected structure at and relocation if property or (regardless if replacement cost; OR Cost of required secondary the land is repair of structure to original or structure (i.e. owned or not) better condition; OR Cash shed, outdoor assistance for relocation of latrine, rice store, animal structure. pen etc) All cash payments per tomb to Payment for loss RDA, CV, DS, Loss of All owners cover the cost of exhumation and relocation if LARC. tombs or (including any religion required graves ceremony) if required relocation OR cash payments Rs. 15,000 per tomb to cover the cost of exhumation (including any religious ceremonies if required) E. LOSS OF INCOME OF EMPLOYEES OR HIRED LABORERS
E.1 Temporarily Affected While Cash payment of Rs. 15000 or RDA, CV, All affected Businesses will be business re- Three month salary whichever LARC establishes employees, is more encourage to retain (i.e. wage or daily existing employees reorganizing laborers‟ in Payment for lost 47
Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement on remaining private or income during land or government business re- relocating in businesses establishment the same area) E.2 Permanently Affected Job loss due All affected Cash payment of Rs. 15000 or Payment for lost RDA, CV, to relocation of business to employees, Three month salary whichever income, LARC another area wage or daily is more rehabilitation or business laborers in package to provide operator private or support and income decides not government restoration to re- establish businesses F. TREES & STANDING CROPS (already included under A) Person who For owner, payment for crops RDA, CV, DS, Loss of crops Payment for losses cultivates and trees at market prices; For LARC and trees crops and/or tenant, payment for crops shall Payment for trees trees owns by be paid to tenant; For calculated on private /state; sharecropper, payment for market value on the if the trees in crops shall be shared between basis of land private the owner and sharecropper productivity, type, timber given to according to the sharecropping owner and if agreement; For all - advance age, and productive trees in state notice to harvest crop; AND value of affected land the Payment for net value of crops trees timber given to where harvesting is not timber possible; AND Cash payment cooperation; for loss of trees and standing (regardless if crops at market prices; AND the land is Rights to resources from owned or not) privately owned trees (i.e. timber or firewood) All felled trees will be given back to the owners.
G. LIVELIHOOD RESTORATION & REHABILITATION ASSISTANCE
G.1 Materials Transport Allowance i. DPs Cash assistance (shifting Payment for RDA, CV, Reorganizatio reorganizing allowance) of Rs 5000 to disturbance and to LARC n of or rebuilding 15000 depending on the floor assist in rebuilding residential on same plot area of the house structure DP/household ii. DP Relocating Cash assistance (relocation Allowance to cover RDA, CV, requiring DPs allowance) of Rs. 5000 up to transport of LARC relocation for an amount of Rs 15,000 household or housing DP/household for commercial effects, transportation to new location salvaged and new or site based on floor area of building materials the house in occupation before relocation.
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Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement
G.2 Livelihood Restoration (Grant & Training) Cash sum to offset i. Permanent DPs/househol Livelihood restoration grant - RDA, CV, income losses not effects on d as cash assistance of Rs directly paid for, to LARC livelihood 15,000 per household (plus provide support professional assistance and while business re- advice, if required, to invest establishing or as start-up investment funds or to set up a business for new business if at a commercially viable DP has to change location). livelihood. ii. Permanent Assistance to increase Access to existing RDA, CV, Severely effects on productivity on remaining land agricultural LARC livelihood affected (i.e. increasing cropping extension services farmers intensity, use of high yielding and development of remaining on seeds, diversification and new services as affected land introduction of new seeds or per the specific crops etc) and assistance to needs of DPs as access existing subsidies. identified through consultation with them, support for access to existing subsidies, development and training from Department of Agriculture, Tea Smallholding Authority, Agrarian Services Department, Coconut Development Board, and Rubber Control Department G.4 Special Assistance Agricultural Owner For the agricultural land RDA, Valuation Lands other than paddy compensation payable under Department, lands title A and B in item one is D.S holder applicable, payment of 5% of the statutory value subject to a minimum value of Rs.10,000 and a maximum of Rs.100,000, if vacant possession is handed over on or before a date nominated by the RDA/DS Sufficient time to be given to harvest crops or Compensation for the loss of 49
Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement crops.
Incentive Owner, or Ex-gratia payment of 25% of To encourage DPs D.S, Valuation payment occupant at the statutory value of the to handover the Department, the time of building to be paid, if the acquired properties RDA handing over vacant possession is handed on a timely basis.
the property over on a date stipulated by the D.S/ RDA, subject to a minimum of Rs.25,000 and maximum of Rs.500,000 A special grant of Rs 15,000 Effects on Vulnerable Assistance, over RDA, CV, per DP/household to improve vulnerable DPs including living standards of vulnerable and above payment LARC DPs the poor, DPs and households for lost assets, to elderly DPs, Assistance to vulnerable reduce impacts of ethnic minority households in finding suitable resettlement which land for relocation and shifting. households can IPs, female - disproportionately headed affect the already households, vulnerable and to and disabled ensure that the project does not simply re-establish levels of poverty, vulnerability or marginalization
H. COMMUNITY ASSETS Loss of Divisional Restoration in existing location Full restoration of RDA, CV, buildings and Secretary of other the division, of affected community buildings, LARC structures urban ward, buildings, structures, structures, (schools, village, local infrastructure and common infrastructure, temples, community or property resources to original services or other clinics, walls local authority or better condition; OR community etc), owning or infrastructure benefiting Replacement in alternative resources by (local roads, from location identified in contractor (costs to footpaths, community consultation with affected be borne by bridges, property, communities and relevant project) or payment irrigation, infrastructure authorities; OR (Cash) for such if water points or resources or communal Payment at full replacement agreement for local hand pumps cost; AND restoration of authority or etc), common buildings, structures, community to resources infrastructure, services or undertake the (such as other community resources. restoration works. water supply, community forests) Any Any unanticipated consequence of the project will be documented and mitigated based
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Responsibility Entitled Entitlements Intent/ Type of loss Persons Requirement unanticipated on the spirit of the principles agreed upon in this policy framework. adverse impact due to project intervention
Ande farmer is a person who cultivate a land owned by another on the basis of sharing the harvest.
Cut-off Date for consideration of payment of compensation
90. Cut-off date for consideration of payment of compensation is the date of publication of the section 02 notice under Land Acquisition Act. For B157 the said date is 21/01/2008. The cut of date is common to both title and non title holders. The cut off date is common to both title and nontitle holders
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CHAPTER 7 – GRIEVANCE REDRESS MECHANISM
91. The Project will pursue a participatory approach in all stages of planning and implementation. This is expected to ensure that the displaced people have nothing or little to complain about. However, some people may still remain dissatisfied for some reason or the other. Many grievances arise due to inadequate understanding of project policies and procedures, and can be promptly resolved by properly explaining the situation to the complainant. 92. Timely redress of grievances is critical to the completion of a project in a satisfactory way. The effort will therefore be to first seek resolution of these grievances at the local level through the mediation by Grama Niladari, village leaders, and by involving resettlement specialists, NGO and others as necessary. The Samatha Mandala, committees set up by the Ministry of Justice for conflict resolution can also be approached.
1. Grievance Redress Committee 93. For complaints and disputes that cannot be settled locally, the Road Development Authority (RDA) will establish a Grievance Redress Committee (GRC) with well-defined functions, composition, and a procedure to redress grievance. (See below giving for the grievance redress process) 94 For Whom: Any displaced person (DP) may approach the GRC to seek its assistance in resolution of any problem, complaint or dispute concerning land acquisition, compensation and resettlement. DPs dissatisfied with awards may also appeal to the GRC where GRC will refer in to the appropriate forum after examining the complaint. Only appellants or others specifically authorised may attend the GRC meetings. 95. Functions: The function of the GRC is to remove grievances, settle disputes of the displaced persons regarding land acquisition, compensation and resettlement. The GRC mandate and procedures will be given wide publicity so that DPs have a better understanding of their entitlements, rights, and responsibilities. 96. Composition: The GRC will be a five member committee and headed by the Assistant Divisional Secretary with the relevant division: Project Manager/Resettlement Officer, District Valuation Officer, and four civil society representatives (who may be chosen from among the recognized NGOs/CBOs, clergy, persons representing DPs groups and women). In addition, the Resettlement Officer/SIMO of the RDA will function as the Secretary of the GRC and will be responsible for keeping record of all grievances registered and action taken on them. When required, the GRC can seek the assistance of other persons/institution. 97. Venue of the GRC Meetings: The GRC will meet at the project site keeping in view the convenience of the displaced persons. But it will be free to hold its meetings at any other locations if that will be more convenient to DPs.
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98. Working System: The GRC will deal promptly with any issue relating to land acquisition, compensation and resettlement that is brought before it. The GRC will make all efforts to see that these issues are also resolved within 2-3 weeks. The GRC will take decisions on the basis of a majority vote. 99. Powers: The GRC has no authority to deal with cases pending in a court of law. It cannot challenge the legal entitlements of DPs. The GRC will also refrain from making decisions on issues relating to design and related engineering matters and on pending compensation cases. However, the GRC can invite the contractor and the engineer to clarify issues including construction impacts. 100. Procedure for Resolution of Disputes: Displaced persons will be free to present their grievances without any fear or pressure from government authorities. They can present their grievance verbally. They can also present their grievances in writing, for which assistance will be provided if so required. 101. The decisions of the GRC will be conveyed to DPs in writing. Three copies of the decisions will be provided: one for the DP, second copy for the Project office and the third copy for the Divisional Secretary. 102. The decisions of the Grievance Redress Committee will be in conformity with the resettlement policy and the entitlement matrix. 103. Appeal against GRC Decisions: Displaced persons not satisfied with the GRC decisions can appeal to higher authorities in the Project, the Ministry of Ports and Highways, or to even Courts of Law. 104. The displaced persons who are aggrieved by the decision of GRC will be free to approach higher authorities for grievance redress. Grievances relating to land titles, which is a legal issue, will remain outside the purview of this Committee, and persons with such grievances will be advised to approach the appropriate courts of the laws to settle such disputes. DPs will be exempted from all administrative and legal fees associated with the grievance settlement procedure, except for cases filed in courts. 105. Role of Secretary GRC: PMU/Secretary will educate public regarding the GRC process. All complaint will be documented by secretary of GRC. He will arrange GRC meeting when sufficient number of complaints are available. All correspondence regarding the GRC will be attendant to by him. Secretary/PMU will inform the DPs on the roll of the GRC through GN and CBOs.
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2. The proposed composition of the GRC
Asst. Divisional Secretary Chairman
Representative from the PMU President Member of Representative (to be the Secretary to the GRC) Peace Council Clergy of NGO/CBO
Land Acquisition Compensation Review Board 106. There is a provision in the LAA for any aggrieved party to appeal to the LARB, in respect of the statutory valuation determined by the Valuation Department. Such appeals should be made within 21 days of the award of the compensation under Section 17 of LAA. Table 28: Grievance Redress Process
Step One The displaced person approaches the Project staff at site with a complaint regarding his problems that he thinks have not been addressed properly or compensation is inadequate restore is loss properties and standard of living. The project staff explains him to steps taken to assist him and solved his grievances but, he remains unconvinced.
Step Two Not satisfied with the explanation by the Project staff, DP goes to the Grievance Redress Committee about which he had come to know from a consultation meeting that he had once attended. He first makes his complaint to the GRC verbally but he follows it up with a written petition. The GRC assures him that his complaint will be looked into and a reply sent to him within 4-5 weeks. If the complaint is within the mandate of the GRC, GRC will examine it and submit the findings to appropriate forum for necessary action. If required DP will be invited to GRC when his complaint is taken for scrutiny. If the complaint is not based on a proper understanding of compensation procedure or any legal issue was involved or complaint is not within the mandate of GRC the DP will be accordingly informed within 15 days. This again leaves the DP disappointed.
Step Three The DP persists and this time knocks at the door of the Compensation Review Board with hopes of getting his grievance redressed forever. But this does not happen.
Step Four The last resort left for the DP is the Court of Law if he still feels that none of the above organization has delivered justice to him. The decision of the court would be final. Since his problem has adjudicated by a competent, knowledgeable legal body.
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3. Other agencies that the DPs could forward their grievances
3.1. Samatha Mandalaya – SM (Board of Mediation) 107. This is a body of distinguished citizens functioning as a conflict resolving committee appointed by the Ministry of Justice for each Judicial District, the decisions of the Samataha Mandalaya is not binding on the parties to the conflict. It has no mandate to enforce decisions, this is purely a consultative process, and disputes between DPs could be referred to SM to persuade the parties to arrive at an amicable solution without resorting to protracted litigation.
3.2. Human Rights Commission 108. By the constitution of Sri Lanka, commission has been established to entertain and inquire into the violation of human rights by state officials and agencies, this is a built in mechanism provided by the state to safeguard the rights of the citizens against arbitrary and illegal actions of the state officials. An aggrieved party could seek relief from HRC. Chairman and members of the HRC is appointed by the President on the recommendation of the Constitutional Council.
3.3. Parliamentary Ombudsman 109. Independent official appointed under the Constitution, to inquire into the grievances brought to his notice by the members of the public.
3.4. Parliament Petition Committee (PPC) 110. An aggrieved member of public could bring to the notice of the Hon. Speaker of Parliament through a member of parliament (peoples‟ representative) his grievance. Hon. Speaker will direct the PPC to inquire into the matter. The committee will direct the offending party to provide relief to the aggrieved, if the committee find that relief sought is justifiable.
3.5. Parliament Consultative Committee of the Ministry of Ports and Highways 111. This is another forum where an aggrieved DP could direct his grievance. Secretary to the Ministry of Ports and Highways, Chairman and General Manager and other relevant senior officers are members of this committee which will be chaired by the Minister in charge of the portfolio of highways.
3.6. Litigation 112. An displaced person aggrieved by a decision of any public official in the process of implementation of the land acquisition and implementation process could challenge such decisions in an appropriate court of law, if such person is unsuccessful in obtaining a reasonable redress through discussions.
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3.7. Legal Aid Commission 113. Government of Sri Lanka has established an agency to help people who cannot afford legal expenses, when they seek redress from the judiciary .On an application made to the Secretary of the Legal Aid Commission with evidence of his income, the Legal Aid Commission, appear for the aggrieved party in a court of law without fees.
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CHAPTER 8 – RELOCATION OF HOUSING AND SETTLEMENTS
114. The PMU with the assistance of Divisional Secretaries will take adequate measures to help the displaced persons to relocate their residences and businesses in a manner that would not disrupt their style of lives and socio economic standards. In the area covered by the road project, the partially displaced houses and business establishments could be relocated in the same premises, if sufficient land is available to do so. It would be a very desirable option for the DPs. With the development of the road, the remaining portions of the properties will appreciate in value considerably. Even where total house has to be demolished, if sufficient land is available to rebuild the house in the same premises, the DPs will be encouraged and give all assistance to fulfil this option.
1. Options for Relocation of Housing and other Structures 115. Several options are available for DPs with regard to housing relocation. They are as summarized below: Re-establish remaining structure in the undisplaced portion of their property; This option is available for DPs with sufficient remaining land to rebuild their displaced structure Self-relocate to a site chosen by the DP – the DP shall be given cash compensation to purchase a replacement land and relocate. Support shall also be provided by RDA during the transition period Among house renters, the DP has the option to stay with the owner‟s agreement. Or if he chooses to move out, he shall be provided cash assistance equivalent to 6 months rental allowance Table 29 Adequacy of Remaining Land or Availability of Alternative Land for DPs to Continue Their Displaced Trading/Business/Agricultural Activities or Residence
Displaced Remaining Has Alternative No Alternative Total Activity Land Adequate Land to Land to to Continue Continue the Continue the Activity Activity Activity
Trading/business 304 14 16 334
Agricultural 112 20 19 153
Residential 334 24 8 366
Source: LAR Census, August 2007and Rapid Survey of 2011
116. As indicated in Table 9.1, majority of people have sufficient land adequate to continue their respective activity in the remaining land. Accordingly, 95 percent of businesses, and 88 percent of agriculture work and 98 percent of residences could be relocated either in the same premises or alternate land owned by them. Therefore 57
actual need for relocation of their displaced residences and income generating activities to new locations is only 5 percent for businesses, 12 percent for agriculture work and 2 percent of residences.
2. DPs’ Perceptions and Preference 117. Table 31 illustrates the preferences of DPs on compensation. DPs indicated that the compensation packages should be similar with what is being paid currently under ongoing donor-assisted road projects. DPs losing residential and commercial structure preferred to re-establish those within existing land, if their structures were to be partially displaced. However, DPs who are fully displaced requested the assistance of RDA, PMU to find suitable land. 118. The total respondent to various options of relocations was 1034 DP households, of which 72% opted for land for land and only a little over 23 percent preferred for cash option. Another 4% of DP households had not decided on their option at the time of the LAR survey. Table 30 Compensation Preference of DPs Who Will Lose Land (Multiple responses)
Preferred Compensation for Land Number Percent
Land for Land 748 72
Cash Compensation 240 23
Don’t know/can’t say 41 4
Other 5 1
Total 1034 100
Note : Some DPs gave more than one preference. 119. According to the LAR Census conducted in the road project area, responses to the relocation preferences are not quite conclusive, as 95 percent of the DP households have not decided or not responsive to the provided options. While 3 percent of DP households are willing for self-relocation, only the remaining 2 percent have given their consent for relocation in a site to be identified and provided by Government (Table 31). Table 31 Relocation preference of displaced households which need to relocate
Option Number Percent 1. Self-relocate to another site 26 3
2. Relocate in a site to be identified and provided by 15 2 Government 3. Undecided/ Don’t know 861 95 Total 902 100 Source: LAR Census, August 2007
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3. Legal Arrangements for Tenure and Titles 120. The arrangement for legal rights for tenure and titles will be made to both relocated DPs and stationary DPs who have lost part or full of their land, assets and livelihoods, according to the provisions made by the enactments.
4. Social Integration 121. The adequate provisions for social integration of the relocated DPs will be taken by a number of people-friendly activities and these include participatory DPproaches like social mobilisation, group level training, technology transfer and creating linkages with service providers and relevant NGOs, aiming at empowerment of the target DPs.
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CHAPTER 9 – INCOME RESTORATION AND REHABILITATION
1. Livelihoods Risks and Resources 122. The present highway project is designed as a road widening activity involving two strips of land from either side of the ROW. Average extent that would be acquired from each of the displaced premise would be around 2 perches. Three townships of Aluthgama, Gonapinuwala and Matugama are rather densely populated urban centres in the Galle district. Being the centre for Southern Tourism Belt, the population density is heavy in Aluthgama town, and it gradually decreases towards the interior two urban centres. 123. The business premises on either side of the road are either fully or partially get displaced. Of the total displaced business premises partially displaced DPs are willing to readjust their structures to continue businesses in the same location. Because of the urban and semi-urban nature, there are limited agricultural activities in-between the township areas. However, there are 695 Perches of agriculture plots owned by 144 operators. These are mainly home gardens, vegetable plots (Koratu) paddy plots, and marshy lowland. Even though these lots are termed as agricultural lots, they do not make a significant impact on the DPs income, because of the small size of land that would be acquired from each cultivator. In the home gardens DPs will lose few trees and/or crops like coconut, areca nut, mango, tea, cinnamon, banana and papaya. 124. As one may expect, a good variety of business activities are in operation in the road project area, ranging from small grocery shops to large wholesale establishments. There are number of small and medium industries and services of various categories located facing to the road, which are managed either by land owners or by tenants/lessees. 125. Income losses that are anticipated as a result of acquisition of properties for the road project include; i) income from standing crops (partial impact), ii) income from displaced businesses, iii) income from wage earnings, and iv) income from rent/leases.
2. Income Restoration Programmes 126. After gathering required information by the process of appraisal, several activities are planned to be carried out with the target groups before income restoration plan (IRP) is implemented. Most of the DPs would suffer only temporary losses of businesses. The IRP strategy would be based on multiple approaches as described below:
3. Empowerment of Displaced Persons 127. Empowerment of Displaced Persons by, increasing the awareness through popular participation, development of vocational, managerial and entrepreneurial skills, promoting leadership qualities, formation of societies by members to address common
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issues, training in Human Resources Development, conducting regular meetings with members of target groups by project and local authorities, introducing micro-finance initiatives for members of target groups, and disseminating feedback information to the PMU facilitating the implementation process.
4. Organization to Implement the Income Restoration Plan 128. Income restoration will be undertaken by the PMU with the assistance of a NGO, if the need arises to obtain their assistance. The PMU will act as a facilitator- cum-coordinator for the DPs to obtain the services and inputs available from the respective state and private institutions for poverty alleviation and entrepreneurial development programmes.
5. Linking with reputed agencies for technology and services transfer under IRP 129. The Resettlement Officer attached to the PMU with the assistance of RA will be in charge of the IRP under the supervision of the Team Leader Resettlement. Where ever possible assistance of local CBOs will be solicited. The institutions that would directly involve in the IRP would be Banks and other financial institutions, Vocational Training Authority, National apprentice and Industrial Training Authority, ITI and Practical Action, and the assistance of the NGOs such as Chamber of Commerce - Galle would be sought, as and when required. These income restoration programmes will be undertaken with the consent of individual DPs and their associations.
6. Selection of categories of DPs entitled to Income Restoration Benefits 130. These include; i) farmers losing agricultural lands, ii) Farmers with less than one acre of residual agricultural land, iii) DPs losing reasonable income from homestead gardens., iv) DPs losing businesses, v) DPs belonging to abject poor category, who need institutional support to improve their income, and vi) Vulnerable categories.
7. Identification of Potential Income Restoration Programmes 131. RDA has conceived resettlement as a development opportunity with full rehabilitation and access to project benefits and accordingly following strategies will be adapted to restore the livelihood and income of the displaced persons. After a SWOT analysis of the project area focusing on DPs a viable livelihood and income restoration plan will be implemented. The project will not differentiate between the title holders and non-title holders when this programme is implemented. Everyone will be afforded an opportunity to improve their living standards. Provisions also have been included in the Entitlement Matrix to assist the farmers, agricultural holders, tenants, business units and others who lose their income as a result of this project. 61
132. The project involves only primary improvements to existing road, and majority of effects will be strip acquisition from their property frontages. This nature of acquisition is very severe in highly urbanised areas where residential and commercial areas are very close and where there is a little or no room to move back and rebuild on the same plot. In this situation DPs could stand to lose their existing homes and or businesses. Sri Lankan experience is that they prefer to stay close to the roads and remain on lands with reduced standards in order to remain on land with direct road frontages. DPs will be given the option under these conditions to remain on the existing plot if the road widening allows and will not be forced to relocate. All DPs whose livelihoods are displaced under the project will be provided with livelihood restoration measures which will include the following. A livelihood restoration allowance to assist as seed money to re- establish a business Allowance and interventions for poor and vulnerable families Vocational or skilled training and empowering them Project related employment. 133. When identifying potential income generating opportunities for needy people, greater emphasis will be paid to raw materials and resources available in the displaced area (e.g. Relatively cheap labour, power and communication facilities, training institutes, number of banks, financial institutions and consultancy services, potential of further development of tourism, and the availability of variety of natural (tress & crops) and mineral raw materials (lime stones, granite, kaolin, sand etc…
Training in Skills Development 134. At least one person from each fully displaced household will be selected for the development of skills. Adult children of the households losing dwellings and commercial premises will be given priority in the selection of trainees.
Training in Entrepreneur Development 135. Entrepreneur development will be provided to selected individuals who are capable of benefiting from such training after an initial screening purpose. The basic requirements would be willingness to commence a business or an industry and the seed money or ability to raise capital. PMU will act as a catalyst and a facilitator to raise the capital and develop business plans of the interested DPs.
Employment Opportunities during the Construction Phase 136. It is anticipated that several contractual job opportunities will be available to DPs during the construction phase of the project; these will include; light vehicle drivers, heavy vehicle drivers, masons, carpenters, welders, and bartenders, computer operators, clerks, office aids and labourers; PMU will liaise with the contractor to find employment opportunities in the construction related activities, giving top priority to DP households.
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Adopting Interim Measures 137. Compensation for the loss of income due to acquisition of properties or employment will be paid as listed in the entitlement matrix. 63
CHAPTER 10 – RESETTLEMENT BUDGET
138. The previous study has not given any costs for the section covered in 2007. But an approximate land value of the project area has given. In order to obtain accurate costing, a detail survey has to be done including the new section from 40+680 – 30+100. It is estimated that approximately 9.6 ha are need to be acquired for the development of the entire road project. Costing for land acquisition only was made as an approximate figure. Table 32 Estimated Cost of Land Acquisition and Resettlement of Road Project B157 Item No. Item No. Unit Rs/unit Total Rs. Total US $ Compensation Agricultural Land 749 Perch 13,445 10,070,305 87,568 for Lands Residential Land 2,223 Perch 1364,72 303,379,169 2,638,080 Commercial Land 848 Perch 179,220 151,978,560 1,321,553 Compensation Permanent for Structures Shops Class 1 23,753 sqft 3,230 76,722,190 667,149 Houses Class 1 58,894 sqft 3,993 235,163,742 2,044,902 Houses/Shop 3,354 sqft 3,585 12,024,090 104,557 Class 2 Semi-permanent - sqft - - Secondary- 1,902 sqft 627 1,192,554 10,370 walls/gates:Class3 Other Structures: 40,314 sqft 448 18,060,672 157,049 Class 4 Compensation Business Income 93 No. 50,000 4,650,000 40,435 for Loss of Income Agricultural 10 No. 15,000 150,000 1,304 Income Loss of Wage/ 34 No. 30,000 1,020,000 8,870 Salary Trees Fruit trees/ Timber 1,504 Trees 5,000 7,520,000 65,391 Shifting Allowance 53 HH 7,500 397,500 3,457 Relocation 53 HH 50,000 2,650,000 23,043 Allowance Vocational 29 DP 10,000 290,000 2,522 Training Grant Special Grant for 167 DP 15,000 2,505,000 21,783 VP External Monitoring 18 Month 267,000 4,806,000 41,791 Sub Total 832,579,782 7,239,824 Administration 0.5% 4,162,899 36,199 Contingencies 10% 83,257,978 723,982 TOTAL 920,000,659 8,000,006 Source: The approximate land values in 2007 in the road project area in given below in table 33. This is an approximate budget based on the feasibility study it will be updated after the detail engineering designs are completed.
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+As trees are of varying ages, an average rate was taken for budgeting purpose US. Dollar calculation is based on Rs.115 per U.S $. # In the absence of valuation report, 60 % of the estimate for lands and 50% of the estimate for buildings were taken to calculate the incentives at 5 % for lands & 25 % for buildings Note:- I Hectare is equivalent to 395.25 perches 1 Acre is equivalent to 160 Perches
Table 33 approximate Land Values in Road project Area
8. Location 9. Commercial Land (Rs)10. Residential Land (Rs)
Minimum / Maximum / Minimum / Maximum / Perch Perch Perch Perch
Beruwala Township 150,000 200,000 125,,000 150,000
Beruwala Rural 100,000 150,000 75,000 125,000
Matugama Township 100,000 150,000 75,000 100,000
Matugama Rural 50,000 75,000 40,000 50,000
Source: Field Survey by Consultants, November 2007
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CHAPTER 11 – IMPLEMENTATION SCHEDULE
139. A time bound implementation plan is envisaged to be implemented for each activity barring a force major. Resettlement activities will commence from 1 March 2011 with the recruitment of Team Leader / Consultants, Resettlement Assistants and supporting staff. The resettlement plan will be implemented during a period of one and half years from March 2011. Table 34 Implementation Schedule – Major Events
11. Activities 12. Time after Commencement13. Responsibility
14. Recruitment of resettlement15. Month 1 16. M/OH, PMU/RDA, staff. an initial training
17. Conduct of Census & 18.SES Month 2-3 19. PMU, LARD/ESD and input of data &analysis
20. Preparation of RP and21. Month 4 22. PMU, M/OL,ESD,JBIC submission to M/L&ADB for approval
23. Land Acquisition -Process24. Month 1-11 25. PMU,DS,SD,VD,GP,RDA, M/OH,M/L
26. Payment of Compensation27. Month 6-10 28. PMU, S,SD,VD,M/OH, CSC, NGO
29. Relocate houses, shops,30. Month 16-18 31. PMU, LARD/ESD, , CSC, NGO businesses
32. Clear the ROW 33. Month 17 - 18 34. PMU, CSC
35. Issue notice for 36. Month 10-18 37. PMU and ,M/OH,JBIC commencement of civil workers
38. Income Restoration 39. Month 17 - 18 40. PMU, LARD/ESD, , CSC, NGO
41. Management Information42. Month 1- ongoing 43. PMU,LARD/ESD, CSC,, NGO System
44. Grievance Redressing45. Month 5 - ongoing 46. GRC, Samatha Mandala, Other state institutions
Verification of monitoring Month 6 – 24 External monitor, PMU, information by external expert ARD/ESD&JBIC
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CHAPTER 12 – INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT
140. Ministry of Ports and Highways is administratively responsible for the implementation of the project through the RDA. Accordingly RDA has for this purpose established a PMU to implement and monitor day to day activities of the road project. The PMU has a certain degree of financial autonomy and administrative flexibility subject to general guidelines issued by the Management Services Division of the Treasury and the Ministry of Ports and Highways through RDA. 141. Implementation of a project to open up a new road or improve and widened an existing road involve number of legal and social functions in addition to the construction programme. 142. The following state agencies are directly involved in the activities of the project in addition to the PMU 1. Ministry of Ports and Highways 2. Ministry of Land and Land Development 3. Divisional Secretary and his Grama Niladaris 4. Survey Department 5. Valuation Department 6. Government Printer 7. Central Environmental Authority 8. Urban Council Kalutara 9. Ceylon Electricity Board 10. Water Supply and Drainage Board 11. Sri Lanka Telecom Ltd. 143. Contractors and Consultants employed by the PMU, Community Based Organizations of DPs, NGOs and other Civic Organizations also play a significant role in the implementation process of the road project.
1. PMU 144. The PMU is headed by the Project Director assisted by engineers and two consultants on land acquisition and resettlement and the supporting staff on administrative and financial matters. 145. The PMU performs the following major activities: Conduct awareness meetings with stake holders to disseminate information in respect of the project and act on the feedback received after such meetings Distribute informative bulletins to ensure transparency Conduct land acquisition and SES to collect necessary data for the preparation of resettlement plan. Coordinate the land acquisition process with the DS and the relevant government agencies 67
Prepare resettlement plans and implement them to restore the lives of the Displaced persons at least to the pre project level, after obtaining the approval of the Ministry of Land and Land Development and ADB. Execute a reasonable compensation package to realize the objectives of the NIRP. Coordinate with related state agencies to restore/improve the income of the DPs. Coordinate with the community based organizations to assist the DPs in resettlement activities. Identify resettlement sites in consultation with the DPs and host communities. Assist DPs on resettlement in new sites selected by them. Expedite the payment of compensation by assisting the DS and other relevant parties. Coordinate the activities of GRCs. Assist vulnerable. Monitor the resettlement plan with identifiable indicators. Develop a plan to address gender concerns. Implement the construction programme through contractors and supervision consultants. Monitor the construction programme. Submit periodical reports to the relevant state agencies and ADB. Ensure flow of funds to maintain a healthy cash flow.
2. ESD and Land Division 146. ESD and Land Division are responsible for policy issues and provision of guide lines on land acquisition and resettlement to the PMUs. The ESD assist the PMU in conducting the land acquisition and SES surveys, training enumerators and data analysts, reviewing RPs before they are submitted to the ADB.
3. Divisional Secretariat 147. Divisional Secretary is responsible for the acquisition of land. He is the officer legally empowered to acquire land and vest the same with the RDA to commence construction work. Even though legally acquisition of land is the function of the DS, the PMU gets involved actively to (i) coordinate the various activities leading to the taking over of vacant possession from the owners of the properties; (ii) prepare proposals for
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the signature of the Honorable Minister of Land, notices to be published by the DSs for the information of the public; (iii) prepare and publish orders in the government gazette, (iv) assist DS to get the relevant plans prepared by the Survey Department; (v) coordinate with the Valuation Department to get the valuation process expedited; and provide logistic support to the DSs. These are mainly the functions performed by the PMU to buttress the efforts of the DS to accelerate the complex process of land acquisition.
4. Field Office of the PMU 148. A sub-office will be established to facilitate the land acquisition and resettlement programme inclusive of income restoration activity. The sub office will be located within the project area. A Resettlement Assistant will be stationed at this office with supportive staff to coordinate day to day activities of the land acquisition and resettlement programme including income restoration portfolio.
5. Construction Supervision Consultants (CSC) 149. The main function of the construction supervision consultant is to monitor, supervise and guide the construction programme.
Responsibility of RDA on Payment of Compensation 1. Advise the DPs regarding the list of documents to be submitted at the title determination inquiries conducted under Sec.09 of the LAA. 2. Ensure timely cash flows to assist DSS to pay the statutory payments as they are due. 3. Prepare individual cheques and hand them over to DS to effect payments 4. Assist DS to inform the DPs in advance regarding the payment of compensation 5. Prepare the list of DPs with categories of compensation they are entitled to 6. Document grievances if any made by the DP 7. Make arrangement to pay the interest due on the statutory payment through the DS. 8. Arrange to distribute a certificate with details of the compensation paid to each DP. 9. Allow a period of 4-6 weeks after the payment of statutory compensation and other assistance for the DP to hand over vacant possession of the property. 69
10. PMU should pay the incentive payment due to the DP immediately after the DP handover the vacant possession within the prescribed period to the DS/PMU. 11. Store all data in respect of compensation in a pre-prepared data base. 12. Maintain a file for each DP, this file should contain, data on each DP collected at land acquisition and SES survey and the details of payments made and other correspondence with the DPs
Responsibilities of DPs during compensation payment 150. Produce all relevant documents at the Sec 09 inquiries to establish the rights and ownership of the DP, including title deeds, government grant certificates, lease permits, rental agreements, documents on tenancy rights, registration extracts etc., which are relevant to each DP. 151. Ensure DP present personally to receive compensation as far as possible, if due to an unavoidable reason if DP is unable to collect the payment cheque personally, a proxy could collect the payment upon authorization by the DP in writing certified by the GN of the area, on the alternative he/her could request for another date to accept the payment. (Statutory payment from the DS) 152. It is the responsibility of the DP to raise objections if any within 21 days of the issue of Sec 10(1) notice to confirm to provisions of the LAA. If no objections are raised order under Sec17 will be issued by the DS conveying the quantum of statutory compensation due to he/her for the property acquired for the particular public purpose. 153. DP should hand over the vacant possession of the property within the prescribed period in order to qualify for the incentive payment.
6. Institutional Arrangement to Attend to Gender Concerns 154. PMU will recruit one female resettlement officer and five female resettlement assistants to attend to the gender concerns of the resettlement programme, in addition to the four consultants/ team leaders, employed by the PMU. One of the consultants/team leaders will be directly in charge of the road project with inputs from other consultants/team leaders as the needs arise. One female resettlement assistant, a graduate with a degree in Sociology will be stationed at the project to attend to resettlement matters including gender concerns. She will be assisted by a female clerk. This arrangement will permit a closer interface by the resettlement staff with the displaced female DPs.
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Table35 Matrix of Roles and Responsibilities of Government Agencies and Other Organizations involved in Resettlement Planning and Implementation
47. Agency / Unit48. Roles and Responsibilities
49. RDA / PMU 50. Preparation of land acquisition proposals, staffing, coordination with other relevant agencies, consultation with stake holders, dissemination of information, secure funds Lands for resettlement, lands for resettlement, develop infrastructure at resettlement sites, arrange IRP, and internal monitoring
51. Ministry of Ports52. Submit proposals forwarded by the PMU to MOL ,arrange for funds, and Highways and Road Development
53. Ministry of Land54. Approval for the publications of relevant orders under LAA. and Land Development
55. Divisional 56. Acquisition of land, payment of statutory compensation, payment of Secretary interest, consultation, information dissemination, GRC, and vesting of acquired land with the RDA
57. Grama Niladhari58. Delivery of notices under LAA to the DPs, consultation, facilitate acquisition of alternate lands, preparation of advance tracing and final plan by assisting the surveyors to identify the claimants,
59. Valuation 60. Preparation of condition reports of the properties to be acquired, Department preparation of valuation reports,
61. Government 62. Publication of gazette notifications relevant to land acquisition Printer
63. Local Authority64. Approval of resettlement sites, housing plans
65. Displaced 66. Help in planning of resettlement site development, IRP Persons
67. Construction68. Planning, monitoring construction and resettlements Supervision Consultants 71
CHAPTER 13 – MONITORING AND EVALUATION
155. Resettlement Monitoring is the collection, analysis, reporting and use of information on the progress of resettlement, based on the RP. Monitoring focuses on physical and financial targets and the delivery of entitlements to persons Displaced. Monitoring is usually conducted internally by the executing agency, sometimes with the assistance from external monitoring specialists. It is a requirement to submit monitoring report to ADB verification and all monitoring of information.
1. Monitoring and Reporting
Aims and Objectives 156. Monitoring will be done by the PMU in relation to the activities detailed out in the RP and against the time frame indicated against each activity. In addition to recording the progress in compensation payment and other resettlement activity the EA will prepare monitoring report to ensure the implementation of the RP has produce desired outcome. Information gathered from the monitoring exercise will be subjected to review by the PMU and other relevant stake holders, take effective remedial measures to mitigate or solve the problems that need institutional interventions.
Method and approach to provide the Information 157. The collection of base line data for each indicator identified to measure the benefits for the target groups that will be displaced by the project. Monitoring during project implementation particularly to inform the management about progress any discrepancies in the delivery, use, and immediate effects of these services. Feedback to management and actions taken to mitigate unexpected impacts. Management is required act upon the information and, together with displaced communities or target groups, design and implement solutions to reduce the discrepancies.
Detailed Methodology 158. Field level monitoring will be done by the unit office of the PMU with the assistance of the DPs, GNs CBOs. The mechanisms to be used in field level monitoring Include (a) review of files, (b) informal sample survey of DPs, (c) key informant interviews, (d) in-depth case studies and (e) community public meetings
Key Indicators for Monitoring 159. The following set of key indicators will be used to conduct the monitoring: (a) Comparison of pre / post socio economic status (b) restoration of income earning capacity (c) development of kinship ties (d) integration with the host villagers (e) access to education, water supply, and sanitation etc.
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Reporting Requirements 160. Unit Office of the PMU will submit monthly progress reports on the following activities to the PMU. PMU will submit a consolidate progress report of all road projects to ESD, Steering Committee and Project Coordinating Committee monthly. 1. Number of Displaced persons category wise 2. Land acquisition with details of the stage of the process for e.g number of Sec2 notices issued. 3. Number of DP prepared number of Sec 38 (a) issued etc. 4. Number of DPs paid with statutory compensation 5. Number of Buildings taken over by PMU 6. Number of DPs resettled at RDA site 7. Number of self-relocated people 8. Number of vulnerable people Assisted by the PMU 9. Number of gender issues reported by the DPs 10. Number of gender issues solved 11. Number of DPs need income and livelihood restoration assistance 12. Number of DPs assisted under IRP 13. Number of GRC meetings held 14. Number of complaints received by the GRC 15. Number of grievances solved by the GRC 16. Provide guide lines for future resettlement policy making and planning from the lessons learned. 161. The information gathered and reports prepared by the PMU will be verified by an experienced and qualified external expert engaged by the PMU. The Terms of Reference of the External Expert (Monitor) is given in the Annexure 3. 162. External expert will commence after the commencement of the resettlement programme. External expert will prepare semi-annual verification and monitoring reports that describe the progress of implementation of resettlement activities and any compliance issues and corrective actions. Reports will be submitted to ADB on semi- annual basis, with the following schedule First Report: 31 December 2011 Second Report: 30 June 2012 Final Report : 31 December 2012
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2. External Monitoring 163. External monitoring will be done by an external agency experienced in monitoring resettlement programmes. The PMU/RDA will select a suitable agency for this purpose. 164. The specific tasks and methodology for external monitoring shall include a) Review of pre project (before displacement) baseline data on DPs b) The external monitors will verify the EAs monitoring information c) Advise on safe guard compliance issues if significant involuntary resettlement issues are identified, prepare a corrective action plan to address such issues d) Identification and selection of an appropriate set of indicators for gathering and analysing information on resettlement impacts e) Use of various formal and informal surveys for impact analysis f) Assessment of resettlement efficiency, effectiveness, impact and sustainability g) Provide guide lines for future resettlement policy making and planning from the lessons learned. 165. External monitoring will commence after the commencement of the resettlement programme. External monitors will prepare semi-annual monitoring reports that describe the progress of implementation of resettlement activities and any compliance issues and corrective actions. Reports will be submitted to ADB on semi-annual basis.
3. Computerized Management Information System (MIS) 166. All information regarding loss of assets (inventory of losses) of individual DPs, and socioeconomic information will be stored in a data base maintained by the PMU. Soft copies of such data will be given to ESD for them to maintain a centralized data base for all highway projects. A Database Manager will be recruited to store and maintain the database. 167. MIS will include the following data Information of all losses suffered by individual DPs, the data will include the extent of land acquired, area of structures lost, number and type of trees lost, compensation paid according to category of losses, other entitlement MIS should be capable of generating monthly, quarterly and annual reports required for the management and the ADB
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Table 36 Monitoring and Evaluation Indicators
69. Type70. Indicator 71. Examples of Variables
72. Staffing 73. No .of RDA staff employed functional wise
74. No. of surveyors & valuation officers available for
75. Training programmes held for the project staff
76. No of unit offices established
Consultation No of awareness meetings held with the stake holders
Process Process Indicator Participation No of training programmes held for the, officers No of informative bulletins distributed
Grievance Resolution No of GRC established No of complaints received and resolved
Acquisition of Land Type and extent of private land acquired Type and extent of state land acquired
Structures No .type and area of private structures acquired No .type and area of state structures acquired No. type and area of community structures acquired
Trees & Crops No and type of trees owned by private people acquired
No and type of trees owned by state agencies Acquired
Output Compensation & No of households Displaced according to type of Rehabilitation losses Ag .paid for a perch of land Ag. paid for a sq.ft of buildings Type ,number and total of allowances paid No. of resettlement sites developed No of houses constructed by DPs at resettlement sites
No of DPs constructed houses by themselves
I i
t t t
r
a c a 1 0
p n d o ic m Household Earning No. of DPs loss employment 75
69. Type70. Indicator 71. Examples of Variables
Capacity No of DPs suffered loss of income from (a) agriculture (b) Business (c) No obtained loans from bank and other sources (d) No. assisted by IRP (e) No. employed by the project
Changes to Status of Participation in Community Based activities Women Loss of employment Aggravation /facilitation of gender issues Participation in project activities
Changes to status of Changes in school attendance by gender wise Children Employment in road project No attending new schools, gender wise
Settlement & Generation of new businesses ,Influx of population Population Outsiders buying land in the near vicinity of the road project, increase in encroachers /squatters in state lands
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Annex 1: National Involuntary Resettlement Policy (Approved by Cabinet Members of GOSL on 24.05.2001)
Rationale 1. Public and private sector development projects increasingly involve acquisition of land. People whose homes and lands are acquired then have to move elsewhere and resettle in locations that may be unfamiliar. In general resettlement has not been very successful and there are several recent examples in Sri Lanka where people have shown resistance to project that cause displacement. Among the significant consequences of resettlement has been impoverishment of displaced persons due to landlessness, homelessness, joblessness, relatively higher morbidity, food insecurity, lack of access to common property and public services, and disruption of the existing social organization. International, regional and national experience with resettlement has generated considerable knowledge on the planning and implementation of involuntary resettlement and this experience if used effectively can ensure that adverse impacts of displaced persons are fully addressed in terms to established policy objectives.
2. In Sri Lanka the Land Acquisition Act of 1950 as amended from time to time only provides for compensation for land, structures trees and crops. It does not require project executing (PEAs) to address key resettlement issues such as (a) exploring alternative project options that avoid or minimize impacts on people; (b) compensating those who do not have title to land; (c) consulting displaced persons and hosts on resettlement option; (d) providing for successful social and economic integration of the displaced persons and their hosts; and (e) full social and economic rehabilitation of the effected people.
3. The National Environmental Act (NEA), No.47 of 1980, amended by Act No.56 of 1988, has some provisions relevant to involuntary settlement. The Minister has by gazette notification No.859/14 of 23 February 1995 determined the projects and undertaking for which Central Environmental Authority (CEA) approval in needed in terms of part IV C of the NEA. The schedule includes item 12, which refer to Involuntary Resettlement Exceeding 100 families, other than resettlement resulting from emergency situations. However, these provisions do not adequately address key resettlement issues mentioned in paragraph 2 above.
4. To ensure that persons displaced by development projects are treated in a fair and equitable manner, and that they are not impoverished in the process, it is necessary that Sri Lanka adopts a National Involuntary Resettlement Policy (NIRP). Such a policy wood establishes the framework for project planning and implementation. Subsequently, it will be necessary to prepare guidelines on resettlement planning and implementation to be used by PEAs.
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5. People have moved voluntarily, mainly to the dry zone, starting from colonial days. These were state sponsored settlement programs aimed at developing and exploiting land resources in that region, while relieving on land in the wet zone. There are many commonalties in the objectives and implementation of voluntary and involuntary settlement and resettlement programs.
6. Nonetheless, the policy proposed here refers only to development-induced involuntary resettlement, where the option to stay behind does not exist. It does, however, also apply to cases where people do not have to be physically relocated.
Objectives of the Policy Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the reestablishment of the displaced persons on a productive and self-sustaining basis. The policy should also facilitate the development of the project-displaced persons and the project. Ensure that persons adversely displaced by development projects are fully and promptly compensated and successfully resettled. The livelihoods of the displaced persons should be re-established and the standard of living proved. Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purpose by the state. Assets adversely displaced persons in dealing with psychological, cultural, social and other stresses caused by compulsory land acquisition. Make all displaced persons aware of processes available for the redress of grievances that are easily accessible and immediately responsive. Have in a place consultative, transparent and accountable involuntary resettlement process with a time frame agreed to by the PEA and the displaced persons.
Scope The policy will apply to all development-induced land acquisition or recovery of possession by the state. A comprehensive resettlement plan will be required where 20 or more families are displaced. If less than 20 families are displaced the policy still applies but a plan can be prepared to a lesser level of detail. The policy will apply to all projects regardless of source of funding. The policy will apply to all projects in the planning phase on the date this policy comes in to effect, and all future projects
Policy Principles Involuntary resettlement should be avoided or reduced as much as possible
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by reviewing to the projects as well as alternatives within the project. Where involuntary resettlement is unavoidable, displaced persons should be assisted to re-established themselves and improve their quality of life. Gender equality and equity should be ensure and adhered to throughout the policy. Displaced persons should be fully involved in the selections of relocation sites, livelihood compensation and development options at the earliest opportunity. Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all displaced persons Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs. Resettlement should be plans and implemented with full participation of the provincial and local authorities. To assist those displaced to be economically and socially integrated in to the host communities; participatory measures should be designed and implemented. Common property resources and community and public services should be provided to displaced persons. Resettlement should be planned as a development activity for the displaced persons. Displaced persons who do not have documented title to land should receive fair and just treatment Vulnerable groups should be identified and given appropriate assistance to substantially improve their living standards PEAs should bear the full costs of compensation and resettlement.
Institutional Responsibilities The Ministry of Land and Land Development (MLD) will be responsible for the implementation of the NIRP PEAs will be responsible for complying with all the requirements for planning and implementing resettlement according to the NIRP. PEAs (like the Road Development Authority) that have significant resettlement in their projects will establish resettlement units with adequately trained staff CEA will be responsible for the review of impacts and mitigating measures of projects involving involuntary resettlement. CEAs capacity will be strengthened so that it could provide necessary guidance to public and private sector agencies undertaking projects that have involuntary resettlement impacts. MLD will prepare regulation and guidelines on involuntary resettlement planning, implementation and monitoring. MLD and CEA will conduct training courses in resettlement planning , implementation monitoring. 79
CEA will review and approve the resettlement plans prepared by PEAs, and make plans publicly available. MLD will draft amendment to the Land Acquisition Act in order to bring the law in line with the NIRP Following consultation with stakeholders, MLD will submit a final draft of the amended Land Acquisition Act for government approval. MLD will prepare the necessary implementation guidelines based on the amended LAA. A steering committee will be formed comprising MLD, CEA, PEAs and other relevant agencies to exchange experience on resettlement, and coordinate and oversee the implementation of the policy.
Monitoring and Evaluation A system of internal monitoring should be established by PEAs to monitor implementation of resettlement plans, including budget, schedule, and delivery of entitlements, consultation, grievances and benefits. PEAs should make adequate resources available for monitoring and evaluation. A further system of external monitoring and evaluation by an independent party should be established to assess the overall outcome of resettlement activities. Monitoring and evaluation reports should be review by the PEA, CEA, and MLD and action taken to make improvements where indicated. Displaced persons and other stakeholders should be consulted in monitoring and evaluation. Lessons thus learned from resettlement experiences should be used to improve resettlement experiences should be used to improve resettlement policy and practice. Summary of Institutional Responsibilities for Involuntary Resettlement
Function Responsibilities
Overall Policy Ministry of Land and Land Development (MLD) Implementation
Preparation (Planning) Project proponent (Can be contracted to consultants, universities, non-government organizations)
Review of Resettlement Project approving agency (PAA) and Central Plans (RPs) Environmental Authority (CEA)
Approval of RPs PAA and CEA
Implementation Project executing agency (PEA), divisional administration, provincial
Monitoring PEA, with review by CEA and MLD
Evaluation Independent organization on behalf of MLD, PEA, and CEA
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7. Definitions of Terms Used
Displaced - Person displaced by changes to use of land, water or other resources Person caused by development projects Compensation - cash or payment in kind made to displaced persons to replace assets, resources or income
Emergency - natural disasters, civil and political conflict situations Situation Expropriation - government taking possession of property or changing property rights in order to execute or facilitate development projects Entitlements - a variety of measures including compensation, income restoration and interim support, transfer assistance, relocation and other benefits that are due to displaced persons, depending on the nature of their losses, to improve their economic and social base Gender Equity - Recognition of both genders in the provision of entitlements, treatment and other measurement under the resettlement plan Host population - households and communities residing in or near the area to which displaced persons are to be relocated
Income - re-establishing income sources and livelihoods of persons displaced restoration
Involuntary - unavoidable displacement of people arising from development resettlement projects that creates the need for rebuilding their livelihoods, incomes and asset bases in another location Rehabilitation - re-establishing and improving incomes, livelihood, living, and social systems
Relocation - moving displaced persons and their moveable assets and rebuilding housing, structures, improvements, to land, and public infrastructure in another location Replacement - the level of valuation for expropriated property sufficient to actually cost replace lost assets, or to acquire substitutes of equal value or comparable productivity or use; transaction costs are to be included Resettlement - a time-bound action plan with budget setting out resettlement plan strategy, objectives, options, entitlement, actions, approvals, responsibilities, monitoring and evaluation. Resettlement - a detailed breakdown of all the costs of a resettlement plan phased budget over the implementation period 81
Resettlement - loss of physical and non-physical assets including homes, communities, effects productive land, income earning assets and sources, subsistence, cultural sites, social structures, networks and ties, cultural identity and mutual help mechanisms. Settlement - voluntary movement of people to a new site where they re-establish their livelihoods as in the case of the Mahaweli Scheme
Social - process of consultation with displaced persons undertaken before key preparation resettlement decisions are made; measures to build their cAPacity to deal with resettlement, taking into account existing and cultural institutions Vulnerable - distinct groups of people who might suffer disproportionately from groups resettlement effects such as the old, the young, the handicapped, the poor, isolated group and single parent households
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Annex 2: The personnel met during the field visit
1. Mr. K.S. Wijayagurusinghe, Living for nearly 40 years in the house. We like this development, Horawella, Welipenna but adequate compensation has to be paid. 2. Mr. Thushara Priyantha, Wife informed that they will not object to this development. Horawella, Welipenna 3. Mr. Dayananda Upali Jayanetthi, Running a tailor shop and hotel for the last 15 years. Reasonable Lewvanduwa Junction, compensation expected. Welipenna 4. Mr. M.D.C.N. Karunarathna, Road widening is good. I support this development. But we should (Businessman - Rubber) not tolerate misappropriation and Lewvanduwa Junction, other activities. 5. Mr. Kamal, I gave space to a vegetable seller. 3 months before the widening was (K.S. Grosery), done. Compensation has been (end of the Beruwela and opposite to paid for some DPs in this area. market area) DPs who went to courts are still to be paid. We like this development. 6. G.D. Neel Punyasiri, Neboda Road, Maddumagoda, No objection for this development. Matugama 7. M.D. Udaya (Hotel), We like this development. But our business should not be hindered. Walagegara, Welipenna.
Annex 3: TOR for the External Monitoring and Reporting Expert/ Agency
Introduction 1. Land acquisition and resettlement process will be monitored both internally by RDA through PMU, ESD, CSC and with the assistance of NGOs and externally by an independent agency with the objective of obtaining feedback to the management. This will facilitate the management to identify problems in the implementation and successes as early as possible and to take timely adjustments to the implementation arrangements. 2. RDA / PMU with the approval of the ADB will appoint an experienced and qualified monitoring expert/agency for the entire road project to carryout verification and monitoring.
Objectives of the External Expert 1. Monitoring to verify that resettlement has been implemented in accordance with the approved resettlement plan. 2. Monitoring to ensure that DPs have been able to at least restore their livelihoods and living standards 3. Conduct periodical social audits of land acquisition and resettlement activities.
The key tasks of the External Expert on Verification Monitoring And Reporting Review and verification of monitoring reports prepared by the project. 4. Review and examine the socio – economic baseline census and detailed measurement survey information of DPs to be relocated. 5. Identify and select impact indicators. 6. Assessment of impacts through formal and informal surveys with the displaced persons. 7. Consultation with DPs, Officials, Community Leaders for preparing review reports. 8. Assess the resettlement efficiency, effectiveness impact and sustainability; drawing lessens for future resettlement policy formulation and planning. 9. Review the functioning and efficiency of the Management Information System 10. Assessment of DPs satisfaction on the valuation of assets and entitlements, timing of payments, fund availability and disbursements. 11. Advice EA on safeguard compliance issues.
3. The agency will carry out a baseline survey of the road project, prior to implementation of the resettlement plan enabling to collect adequate pre project data
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for monitoring. The outcome of the external experts reports will be communicated to PMU and ESD through a meeting and necessary remedial actions need to be taken will be documented. These external experts monitoring reports will be submitted to the ADB by the PMU, for their information and feed back for any improvements or remedial action .
Reporting Schedule of External Expert to Project Executing Agency First Report : On or before 30 November 2011 Second Report: On or before 31 May 2012 Final Report : On or before 30 November 2012
Annex 4: Census Survey Questionnaire In order to collect information and data for the preparation of the Resettlement Plans, the consultants in 2007 have used the attached questionnaire. Obtaining socio – economic data and assessment of land acquisition impacts were assessed on the basis of the information derived out of these questionnaire.
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