THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA Public Disclosure Authorized ETHIOPIAN ROADS AUTHORITY
Public Disclosure Authorized
Consultancy Services for updating of RAP for
LOT 2: Meki - Zeway Design and Build High-Way
Public Disclosure Authorized Project
ERA EXPRESS ROAD DIRECTORATE
Lot 2 Meki- Zeway Road Project
Public Disclosure Authorized
May, 2019 Mojo- Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Table of Contents
1 EXECUTIVE SUMMARY ...... 1 2 INTRODUCTION ...... 7 2.1 BACKGROUND ...... 7 2.2 PROJECT LOCATION AND DESCRIPTION ...... 7 2.3 SCOPE OF THE UPDATED RAP STUDY ...... 9 2.4 OBJECTIVES OF THE UPDATED RAP STUDY ...... 9 APPROACH AND METHODOLOGY ...... 11 3 SOCIO-ECONOMIC BACKGROUND AND DESCRIPTION OF THE PROJECT ROAD ...... 13
3.1 GEOGRAPHIC AND ADMINISTRATIVE LOCATION ...... 13 3.2 DEMOGRAPHIC CHARACTERISTICS ...... 13 3.3 EDUCATION ...... 15 3.4 ACCESS TO HEALTH INSTITUTIONS ...... 15 3.5 ACCESS TO WATER RESOURCES ...... 16 3.6 ROAD NETWORK IN THE AFFECTED WOREDAS ...... 16 3.7 ECONOMIC ACTIVITIES ...... 16 GENDER-BASED VIOLENCE /GBV/ ...... 18 4 POLICY & LEGAL FRAMEWORK ...... 18 4.1 LEGAL BACKGROUND ...... 18 4.2 THE CONSTITUTION...... 19 4.3 REGIONAL STATES LAND ADMINISTRATION AND LAND USE PROCLAMATION ...... 19 4.4 PROCLAMATION ON RESEARCH AND CONSERVATION OF CULTURAL HERITAGE ...... 20 4.5 THE ENVIRONMENTAL POLICY OF ETHIOPIA ...... 20 4.6 PROCLAMATION NUMBER 455/2005 ...... 20 4.7 ERA‟S RESETTLEMENT /REHABILITATION POLICY FRAMEWORK...... 21 4.8 PROCLAMATION ON THE LAND OWNERSHIP ...... 21 4.9 THE NATIONAL POPULATION POLICY...... 22 4.10 EDUCATION AND TRAINING POLICY ...... 22 4.11 HEALTH POLICY OF ETHIOPIA ...... 22 4.12 NATIONAL POLICY ON WOMEN ...... 22 4.13 NATIONAL HIV/AIDS POLICY AND ERA‟S HIV/AIDS POLICY AT WORK PLACES ...... 23 4.14 LABOUR PROCLAMATION NO. 377/2003 ...... 23 4.15 WORLD BANK OPERATIONAL POLICY ON INVOLUNTARY RESETTLEMENT (OP) 4.12 ...... 24 5 INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK ...... 31
5.1. FEDERAL LEVEL INSTITUTIONS ...... 31 5.1.1 ETHIOPIAN ROADS AUTHORITY (ERA) ...... 31 5.1.2 ERA'S SOCIAL MANAGEMENT TEAM (SMT) ...... 32 5.1.3 RIGHT-OF-WAY MANAGEMENT TEAMS (ROWMT) ...... 32 5.1.4 ERA'S LEGAL AFFAIRS SERVICE DIRECTORATE ...... 33 5.1.5 Express way and Special Projects Contract Administration Directorate ...... 33 5.2 REGIONAL GOVERNMENT LEVEL ...... 33 5.2.1 OROMIA REGIONAL STATE ...... 34 5.2.2 WOREDA ADMINISTRATION ...... 34 5.2.3 WOREDA LEVEL COMMITTEE STRUCTURES ...... 34 5.2.3.1 Resettlement Implementation Committee ...... 34 5.2.3.2 Property Valuation Committee ...... 34 5.2.3.3 Grievance Redressing Committee ...... 35 5.2.4 KEBELE ADMINISTRATION ...... 35 5.2.5 CLAN, RELIGIOUS LEADERS AND INFLUENTIAL PERSONS ...... 35 6 PROJECT ROAD IMPACTS ...... 37
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6.1 POSITIVE/BENEFICIAL IMPACTS AND ENHANCEMENT MEASURES ...... 37 6.1.1 Impact on economy ...... 37 6.1.2 Employment opportunities for local communities ...... 37 6.1.3 Creation of Income Generating Activities ...... 38 6.1.4 Access and Opportunity to Women ...... 38 6.2 NEGATIVE/ADVERSE IMPACTS AND PROPOSED MITIGATION MEASURES ...... 39 6.2.1 Impacts on Housing Structures and Fences ...... 39 6.2.2 Impact on Agricultural Land ...... 40 6.2.3 Impact on health (public and construction employees) ...... 43 6.2.4 Spread of Malaria and Other Water Borne Vectors ...... 44 6.2.5 Exposure to HIV/AIDS and Sexually Transmitted Diseases ...... 44 6.2.6 Impacts on traffic safety and accidents ...... 45 6.2.7 Pressure on local health and water facilities ...... 45 6.2.8 Impact on Public Utilities ...... 46 6.2.9 Obstruction to access and crossing...... 46 6.2.10 Impacts on women ...... 47 6.2.11 Dust Pollution ...... 47 6.2.12 Noise pollution ...... 48 6.2.13 Impact on Religious and Cultural Sites ...... 48 7 ELIGIBILITY CRITERIA AND ENTITLEMENTS ...... 49 8 LIVELIHOOD AND INCOME RESTORATION MEASURES ...... 54
9.1 PUBLIC CONSULTATION ...... 56 9.2 STAKEHOLDERS' CONSULTATION ...... 57 9.3 MAJOR FINDINGS OF PUBLIC AND STAKEHOLDERS' CONSULTATIONS ...... 58 9.5 FINDINGS OF CONSULTATION WITH PAPS AND THE COMMUNITY...... 59 9.6 CONSENSUS AND AGREEMENT REACHED WITH PAPS AND STAKEHOLDERS ...... 60 10 .SOCIO ECONOMIC SURVEY OF PAPS ...... 63 10.1 NUMBER OF PAPS ...... 63 10.2 RELIGIOUS BACKGROUND OF HHH ...... 63 10.3 ETHNICITY OF HHH ...... 63 10.4 OCCUPATION ...... 64 10.5 MARITAL STATUS ...... 64 10.6 EDUCATION ...... 65 10.7 VULNERABLE HOUSEHOLDS ...... 65 11. METHODOLOGY IN VALUING LOSSES ...... 66
11.1 REPLACEMENT COSTS FOR LAND, HOUSES & PUBLIC INFRASTRUCTURES ...... 66 11.2 BASIS FOR VALUATION...... 66 11.2.1Valuation for Loss of Houses ...... 67 11.2.2 Valuation for permanent Loss of Agricultural Land ...... 67 11.2.3 Valuation for Temporary Dispossession of Agricultural Land...... 68 11.2.4 Valuation formula for perennial crops ...... 68 11.2.5 Valuation for Public Utility Lines...... 68 12. COMPENSATION PROCEDURES & APPROACH ...... 70 13. GRIEVANCE REDRESS MECHANISM ...... 71 14 DISCLOSURE OF RAP AND SCHEDULING ...... 77 14.1 DISCLOSURE OF RAP ...... 77 14.2 SCHEDULING ...... 77 15. COSTS AND BUDGET ...... 80
15.1 RAP BUDGET ...... 82
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15.1.1 Compensation payment ...... 82 15.1.2 Rehabilitation Support ...... 82 15.1.3 Project Management & Running costs ...... 83 16. MONITORING, EVALUATION AND REPORTING ...... 85
16.1 GENERAL ...... 85 16.2 INTERNAL MONITORING ...... 85 16.3 EXTERNAL MONITORING ...... 85 16.4 MONITORING PLAN ...... 86 16.5 GENDER MONITORING AND EVALUATION IN RAP ...... 87 16.6 MONITORING AND EVALUATION OF THE GRM ...... 87 REFERENCES ...... 89 ANNEXES ...... 90
LIST OF TABLES
TABLE 1: FULLY AND PARTIALLY AFFECTED PAPS ...... 4 TABLE 2: SUMMARY OF TOTAL BUDGET REQUIREMENT FOR THE UPDATED RAP ...... 5 2 TABLE 3: WOREDAS CROSSED AND AREA IN KM ...... 8 TABLE 4: CROSSING STRUCTURES BY KM DISTANCE ...... 11 TABLE 5: POPULATION OF WOREDAS ALONG THE PROJECT ROAD ...... 13 TABLE 6: POPULATION DATA OF TOWNS ALONG THE PROJECT ROAD ...... 14 TABLE 7: CRUDE POPULATION DENSITY FOR WOREDAS ALONG THE PROJECT ROAD ...... 14 TABLE 8:NO. OF SCHOOLS AND STUDENTS ALONG THE PROJECT ROAD ...... 15 TABLE 9: HEALTH INSTITUTIONS IN THE PROJECT AFFECTED WOREDAS ...... 15 TABLE 10: PERSONNEL IN THE PROJECT AFFECTED WOREDAS ...... 16 TABLE 11: WATER SUPPLY COVERAGE IN THE PROJECT AFFECTED WOREDAS ...... 16 TABLE 12: ROAD NETWORK IN THE PROJECT AFFECTED WOREDAS (KM) ...... 16 TABLE 13: CROP PRODUCTION AND CULTIVATED LAND BY RAIN FED AND IRRIGATION IN THE AFFECTED WOREDAS (2016/17) ...... 17 TABLE 14: LIVESTOCK POPULATION IN THE PROJECT AFFECTED WOREDAS ...... 18 TABLE 15: COMPARISON OF ETHIOPIAN LEGISLATION AND WORLD BANK‟S OPERATIONAL POLICY ...... 27 TABLE 16: AFFECTED HOUSES BY CONSTRUCTION MATERIAL ...... 39 TABLE 17: PROJECT ENTITLEMENT MATRIX ...... 50 TABLE 18: DISTRIBUTION OF PROJECT AFFECTED HOUSEHOLD HEADS BY WOREDA ...... 63 TABLE 19: PROJECT AFFECTED PEOPLE ...... 63 TABLE 20: RELIGION OF AFFECTED HOUSEHOLD HEADS BY WOREDA ...... 63 TABLE 21: ETHNICITY OF HH HEADS ...... 64 TABLE 22: OCCUPATION OF HOUSEHOLD HEADS BY WOREDA ...... 64 TABLE 23: MARITAL STATUS OF HHS ...... 65 TABLE 24: EDUCATION OF HHHS ...... 65 TABLE 25: REPLACEMENT COST BY TYPE OF IMPACT ...... 66 TABLE 26: VALUATION FOR PERENNIAL CROPS ...... 68 TABLE 27: BUDGET FOR VALUATION COMMITTEE ...... 83 TABLE 28: DETAIL BUDGET FOR IMPLEMENTATION OF RAP ...... 84 TABLE 29: OUTPUT INDICATORS WITH TENTATIVE IMPLEMENTATION TIMEFRAME ...... 86
LIST OF FIGURES
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Mojo- Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
FIGURE 1-1: MOJO-HAWASSA HIGH WAY PROJECT PHASE 1 MEKI-ZEWAY LOT 2 PROJECT LOCATION MAP ...... ERROR! BOOKMARK NOT DEFINED. FIGURE 9-1: PUBLIC CONSULTATION PICTURES...... 62
Charts CHART 15- 1: PROJECT AFFECTED PERSONS (PAPS) GRIEVANCE RESOLUTION CHANNEL ...... 75 CHART 16- 1: PROPOSED IMPLEMENTATION PROCESS OF RAP ...... 75
List of Associated Reports
Item No. Description of Report Source YEAR
1 RAP Ethio-infra Engineering plc 2015
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Acronyms and Abbreviations
ARCCH Authority for Research and Conservation of Cultural Heritages COMESA Common Market for Eastern and Southern Africa CSA Central Statistical Agency CSF Children Supplementary Food DS Design Standard SIA Social Impact Assessment EPA Environmental Protection Authority EEP Ethiopian Electric Power EPU Ethiopian Power Utility SMU Social Management Unit SMP Social Management Plan ERA Ethiopian Road Authority ESIA Environmental & Social Impact Assessment ESDP Education Sector Development Plan SMT Social Management Team ETB Ethiopian Birr ETP Education and Training Policy EWCA Ethiopian Wildlife Conservation Authority FDRE Federal Democratic Republic of Ethiopia GCRC Gross Current Replacement Cost GTP Growth and Transformation Plan Ha hectare HIV/AIDS Human Immune Virus / Acquired Immune Deficiency Syndrome HSDP Health Sector Development Plan IBD Institute of Biodiversity IEC Information Education and Communication KG Kindergarten Km Kilo meter M meter M&E Monitoring & Evaluation MoA Ministry of Agriculture MoFED Ministry of Finance & Economic Development MoT Ministry Of Transport NGO Non-Governmental Organization OBoLEP Oromia Bureau of Land & Environmental Protection ONRS Oromia National Regional State OP Operational Policy PAP Project Affected Person PIA Project Influence Area PLC Private Limited Company Qt Quintal RAP Resettlement Action Plan RPF Resettlement Policy Framework
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RSDP Road Sector Development Plan RoW Right of Way RVLB Rift Valley Lakes Basin SIA Social Impact Assessment SM Social Management SMP Social Management Plan SHDW Shallow Hand Dug Well STD Sexually Transmitted Diseases WAD Women Affairs Directorate WB World Bank
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Mojo- Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Definition of Terms Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions. Compensation means payment to be made in cash or in kind or in other assets given to a person in exchange for the acquisition of land including fixed assets or property situated on his/her expropriated landholding; Cut-off Date is the date of commencement of the census of PAPs or DPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for program, will not be eligible for compensation. Economic Displacement: The loss of assets or access to assets that leads to loss of income sources or other means of livelihood as a result of project‐related land acquisition and/or restrictions on land use. Formula means the methodology used for 'valuating compensation in accordance with these Regulations for Properties Situated on Landholdings Expropriated in Accordance with the Proclamation; Involuntary Resettlement: Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement. Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project. Livelihood: Refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage‐based income, agriculture, fishing and so on. Physical Displacement: Refers to the relocation or loss of shelter as a result of project‐related land acquisition and/or restrictions on land use. Project Affected Persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other assets loss as a result of road infrastructure development activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location ; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Public purpose means the use of land defined as such by the decision of the appropriate body in conformity with urban structure plan or development plan in order to ensure the interest of the peoples to acquire direct or indirect benefits from the use of the land and to consolidate sustainable socio-economic development Replacement Cost: Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. The replacement value of the assets plus transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
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Mojo- Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Resettlement assistance refers to activities that are usually provided during, and immediately after, relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households. Utility line means water, sewerage, electric or telephone line existing on or under a land to be expropriated for public purpose.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
1 EXECUTIVE SUMMARY
A. General
This updated Resettlement Action Plan (RAP) is prepared to avoid and minimize the impoverishment of Project Affected Persons (PAPs) and ensure that they receive appropriate compensation and rehabilitation measures. The updated RAP presents the number of Project Affected Persons, size of affected properties and the income restoration measures to be made for the PAPs, and establishes methodologies for compensation estimate and payment.
The construction of the project road will improve the livelihood of the local populations and will contribute to the growth and development of trade and urban centres, improvement of crop and livestock production and its marketing network. The natural resource and human resource potentials are also highly important in contributing to the development of the project area.
In terms of impact, the project road is expected to have both positive and negative impacts in the direct Project Influence Area (PIA), as well in the indirect influence area. The potential social impacts will be quicker felt in the direct influence area. The adverse (or negative) social impacts are very minimal and could not make significant impacts that will impede the life of the local population.
This updated RAP is a review of a previous updated RAP prepared in 2018 by Ethio-Infra Engineering plc, which was the final design consultant for the project road. This review service has been undertaken by Daewoo E&C Co.ltd the project road contractor for Lot 2 Meki- Zeway high way road .The review process included updating data and information collected in the 2016 for the purpose of 2018 RAP update for its consistency and appropriateness; and also amended or supplemented new data and information through review of relevant documents, collection of up-to- date data from woreda administration offices and intensive field surveys of the PAPs. In addition, new public and stakeholders' consultations were conducted in July 10-13/2016 to incorporate additional views and opinions of PAPs and Woreda administrations and its sector offices. This 2019 updated RAP report includes data of census 2016, RAP 2018 and other reports on PAPs and their properties on main, access, and two link roads of Lot 2 Meki-Zeway (section 37km). For the purpose of this update an inventory was conducted from July 12/2016 to Sep 10, 2016. The cut-off date is Sep 12/2016 after two days of the inventory. Regarding information dissemination, PAPs after inventory informed the cut-off date through Woreda officials and stakeholders sectors informed through meetings prepared by Woreda and home-to-home commitment. The review process also included checking the previous RAP done by Ethio-Infra Engineering plc. For its completeness and conformity with the policies, procedures and guidelines of the Federal Democratic Republic of Ethiopia (FDRE). The preparation and content of this updated 2019 RAP is within Ethiopia‟s existing legal and administrative framework of Federal Democratic Republic of Ethiopia (FDRE), ERA‟s Resettlement/Rehabilitation Policy Framework and other international funders like World Bank. For the 2019 RAP implementation the cost estimation for the total cost of the RAP is based on the unit rate for each type of affected properties collected from ERA Express Road Directorate on May 2, 2018.The total budget required for the RAP implementation will be allocated and covered by FDRE government. The total estimated cost for the implementation of the RAP including 10% contingency will be Birr 254,470,698.15
B. Description of the project
The Modjo-Hawassa; Lot 2: Meki-Zeway road project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (swale ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the Daewoo E&C Co.ltd Page 1
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 major urban centres. The project, Lot II, is totally found in Oromia Region. It starts at the Geographical location of 480023.59m North & 900413.51m East in Graba bofe kebele and ends at 468767.47 m North & 876940.15m East in Werja weshigula kebele with a total length of 37km The project route corridor predominantly contains volcanic rock such as tuff, pyroclastic, pumice ash and associated sedimentary deposits of lacustrine and alluvial sediments.
The project road will intercept two link roads that connect with the nearest Meki and Zeway towns. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before.
C. Objective
The objective of this updated Resettlement Action Plan (RAP) is to minimize the risks from the Modjo-Hawassa; Lot 2: Meki-Zeway project road by avoiding displacement of people based on the previous RAP study done by Ethio Infra Engineering plc. in 2015 . The updated RAP designs compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance.
Right of Way assessment is undertaken for 90 meter band width of the main road alignment, access and 30 meter link roads which will connect Meki and Zeway towns with the project road with the objective of quantifying and valuing the impacts on the local people and their properties with a view to propose measures that compensate for any impacts as a result of the project. The project road traverses two rural administrative woredas namely, Dugda and Adami Tulu woredas. Meki and Zeway town administrations will get a chance to be connected with the two rural woredas following the construction of the link roads.
D. Approach and Methodology The approach and methodology followed in the preparation of this updated RAP include the following: Review of national environmental policies, strategies, legislations and guidelines, Review the updated socio economic, demography and other relevant data and information from the woreda and town administrations and other secondary sources, Detailed field investigations along the entire section of the proposed road main alignment access road and link roads, Recheck and review the baseline data collected in 2014, 2018 on project affected persons and identification of affected properties and assets, on main, access and link roads. Conducting new and additional consultations (conducted from July 10-13/2016) with project affected persons, local population and with key stakeholders in the project area. Collect updated unit rate for each type of affected properties from ERA Express Road Directorate RoW department on May 2, 2018. The total cost estimation for this RAP document is based on the unit rate used by ERA to compensate affected properties on section two (Km76+000-km92+896) of the project road.
E. Public and Stakeholders' Consultation and Community Participation
Public and stakeholders‟ consultation is carried out in a number of locations crossed by the project road alignment with the objective of incorporating the views of the local community, PAPs and government officials and experts. The consultations were conducted in the two Woredas and three Kebeles crossed by Lot-2 project road. The PAPs and the public participated in the consultations reported that they are highly supportive of the construction of the new highway and think as a good
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 opportunity that will have a considerable impact for the development of the project influence area in the future.
During the public consultation the participants have reached on a consensus and agreed to cooperate and take actions that will contribute to the speedy implementation of the project road and implementation of this updated RAP. Similarly, woreda authorities have also agreed and promised to facilitate the implementation of the updated RAP and provide all necessary support needed to the construction of the road. ERA Express Road Directorate also agreed to mitigate any adverse social and economic impacts from land acquisition by providing adequate and timely compensation for loss of assets at replacement cost and which will restore livelihood of PAPs as well as improve conditions of vulnerable persons affected by the project.
F. Policy and Legal Framework
The section on policy and legal framework discusses those policies and legal issues that are pertinent in the preparation and implementation of the updated RAP. Since loss of land is one of the major impacts observed in the construction of the new highway Lot 2 Meki-Zeway, FDRE policy on land ownership and expropriation and compensation is discussed in detail. As per the constitution of the Federal Democratic Republic of Ethiopia, land is a public property and that no individual person has the legal right to ownership. Since there is no private ownership of land in Ethiopia, and hence, rural or urban land could not be sold or mortgaged or transferred; citizens have only usufruct right only over land. A usufruct right gives the user of the land the right to use and the right to benefit from the fruits of her/his labour which may be crops, trees, etc. found on the land or any permanent works such as buildings etc.
In the expropriation of land for public use, the Federal Democratic Republic of Ethiopia (FDRE) has issued two proclamations. The first one being Proclamation No. 455/2005, which deals with the expropriation of land holdings for public purposes and payment of compensation and second one is the Council of Ministers Regulation No.135/2007, which details the basis regarding payment of compensation for property situated on land holdings expropriated for public purposes. The World Bank operational policy on involuntary resettlement (OP 4.12) also one of the consideration.
G. Institution and Administrative Framework
The preparation of the RAP for road projects and its implementation, the Ethiopian Roads Authority (ERA) is responsible and has the legal mandate. In ERA, the Social Management Team (SMT) is directly responsible for the review, monitoring and implementation of this updated Resettlement Action Plan. SMT is also in charge for the identification of adverse social impacts and its mitigation measures.
The Right of Way (ROW) management team of the Regional Directorate liaises with the wereda administration is accountable for the implementation of the expropriation/compensation operations, registration of PAPs, establishment of compensation committees, assessment and establishment of compensation rates and payment of compensation.
The woredas crossed by the project road have the responsibility in the updated RAP implementation and play a critical role in establishing RAP committees, property valuation and in grievance redress. The valuation committee comprises representatives from woreda sector offices in accordance with domestic legislations, and the ERA right-of-way agent. Currently, the above committees are established few months before the preparation of this updated RAP and ERA will activate these committees in collaboration with the woreda administration during the implementation of this updated RAP. The RAP committees are comprised of representatives from sector offices. The management and coordination of relocation and payment of compensation for PAPs will be the major responsibility of the RAP Committees. Funds for payment of the compensation will be made available by ERA through the Express Road Directorate. The RAP
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Committees will prepare monthly and quarterly progress reports which will be delivered to the Resident Engineer office, ERA's Express Road Directorate and the woreda administration office.
H. Grievance Redress Mechanism
In case dispute arises between the RAP Committees and PAPs the preferred option to settle the dispute will be through amicable means using traditional and cultural methods as well. This will save time and resources as opposed to taking the matter to court. To ensure that the PAP have avenues for redressing grievances related to land acquisition and resettlement, procedures for the redress of grievances has been established for the project. The objective of establishing the grievance redress committees is to respond to the complaints of the PAP promptly and in a transparent manner. The mechanism is designed to be easily accessible, transparent and fair; and that grievances and appeals are to be addressed through arbitrational procedures.
Woreda and town level Grievance Redress Committees are already formed in Adami Tulu, Dugda Woreda and Batu town will settle disputes arising in the respective kebeles of both Woredas and Batu town. The committee will handle the cases from the outset using the established GRM instead of leaving the cases to the formal court. This is the preferable option since appealing to the court might take a lot of time if left to the disputing parties. If any of the parties disagree, the aggrieved party has the right to appeal to the ordinary courts.
I. Summarized Project Impacts
The potential positive and negative social impacts created by the construction of the project road are identified and revised again during the preparation of this updated RAP document through field surveys, consultation meetings and discussions held with Project Affected Persons (PAPs), Government officials and experts.
A socio economic study is carried out to identify potential impacts, identification of affected households and properties located along the route, access and link road has been carried out; and also measurement of affected properties and assets was conducted.
In the Lot-2 project main, access and link road there will be 1070 household heads to be dispossessed from their farmland and house. Most of the affected households (90%) are farmers that will lose strip of their land and despite of that these farmers could continue to farm their land since what they lost is not much. This is to say that what is left could be sufficient and will allow them to continue their livelihood in the remaining plot of land; however they will be compensated for losing their crops, trees, and some other crops as per the law and the replacement cost. To compensate PAPs who have lost strip of their farmland and for the forgone benefits from farmland cash compensation is the preferred option. For those PAPs who may have lost their businesses and income sources, establishing livelihood restoration measure is required. Table 1 below shows total number of PAPs partially and fully displaced.
Table 1: Fully and partially affected PAPs Total PAPs Fully Affected People Partially Affected people Number of PAPs Number of PAPs Number of PAPs HH HH HH 1070 5150 143 681 927 4469
Among the identified PAPs the majority (85%) are male headed households while 15% are women headed households. The total family size of project affected persons are 5150 out of which the majority 2503(48.6%) are male and the remaining 2647 (51.4%) are female. The name for each household head and list of affected properties, and those who may lose their businesses and
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 income sources requiring establishing livelihood restoration measure are provided in the annex sections.
According to the socio-economic survey 799 on main road, 84 on link road and 272 on access road totally 1155 in which 995 Male and 160 Female vulnerable PAPs identified. Vulnerable PAPs constitute of elderly men, women heads of households without labour, Child headed families, the disabled, landless, etc. The names of project affected people were given in annex 1, 2, 3 and 4. Annex 1 provides PAP on main road. Out of the total land 379.48 ha of land affected on the main road. Annex 2 provides detail about the link road related land affected. Around 2 ha land affected on the link rod. Annex 3 provides details of land affected due to access road. Accordingly 32.9 ha land affected on access road. This project will improve their living condition through provision of access to services and facilities and livelihood restoration measures.
J. Budget Requirement for RAP The cost estimate and budget required for the implementation of this RAP are summarized herein below. The total estimated cost including 10% contingency will be Birr 254,470,698.15. The cost and budget estimate is prepared on the basis of the requirement as compensation payment for PAPs, for rehabilitation measures for PAPs and also the budget required for administrative costs in the implementation of this updated RAP. Table 2: Summary of Total Budget Requirement for the updated RAP Item Description Budget(Birr) A. Compensation costs
Compensation cost for houses 3,477,731.89 Compensation cost for fences 8,706,906.00 Compensation cost for trees 3,182,172.00 Compensation for crop land on main road 176,352,796.00 Compensation for crop for access road on main and link roads 5,672,639.04 Compensation for crop on camp site 1,691,963.807 Compensation cost for crop on borrow pits 10,191,880.18 Compensation cost for electric poles 417,500.00 Compensation for graves 496,458.00 Compensation for water system( water lines) 12,111,457.4 Compensation for water well 5,115.00 Sub-Total 222,306,619.32 B. Rehabilitation measures Vulnerable House hold assistance 664,000.00 Livelihood and income Restoration 2,000,000.00 Relocation and rehabilitation Assistance 810,000.00 Legal and administrative costs 500,000.00 Sub-Total 3,974,000.00 C. Project Management and other costs HIV/AIDS support activities 2,800,379.00 Cost of property valuation committee 378,000.00 Cos of Resettlement (compensation) committee 378,000.00 Monitoring and Evaluation Cost 1,500,000.00 Sub-Total 5,056,379.00 Total (A+B+C) 231,336,998.32 Contingency (10%) 23,133,699.832 Grand Total 254,470,698.15
K. Monitoring and Evaluation of the RAP process
Internal and External monitoring and evaluation will be an integral part of the updated RAP with the objective of ensuring the RAP implementation complies with the recommendations set out in the updated RAP. Internal monitoring activities will be handled by the Social Management Team (SMT) of the Employer‟s Representative (Engineer) office. ERA's Social Management Team (SMT) will Daewoo E&C Co.ltd Page 5
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 monitor and supervise the RAP implementation on daily basis and report the progress in the monthly and quarterly progress reports that will be submitted to ERA. External Monitoring will also be conducted by an independent consultant who will be hired by ERA. The independent consultant will monitor and evaluate the RAP in consultation with the Employer‟s Representative (Engineer) and if necessary with Woreda and kebele administration offices, and with the PAPs by adopting the process and output indicators.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 2 INTRODUCTION 2.1 Background
The primary objective of the RAP is to show the planned mitigation measures for adverse impacts due to project, and restore the income and living standards of the affected persons within a short period of time after resettlement and with as little disruption as possible. Particular attention will be given to the needs of PAPs.
On the basis of the socio economic survey, the construction of the new 4 lane dual carriageway road will have impacts mainly in the rural sections due to the new alignment predominantly traverses rural section of the Right of Way and will force some farmers to lose strip of their farm land for the construction works. The loss of strip of farmlands by farm households will not force them to be permanently dispossessed from their farmland. The loss of strip of land by farm households will not also require for resettlement outside of their present location because the impact will be minimal for each household, since the loss is partial. Hence, there will not be physical displacement or households who will be require to resettle outside of their current location. However, some PAPs will have to move back in their present location, compensated and assisted in rebuilding their houses. In addition, the project will affect income and livelihood activities and have prepared this updated RAP to improve or at least restore the income or livelihood of the affected households that will lose strip of their land, who could in some cases continue their livelihood in the remaining plot of land; however, they need to be compensated as per the law for losing their farmlands, crops , different permanent trees affected structures; and also be provided with appropriate livelihood and income restoration for loss of businesses and incomes.
In addition to loss of farmland and residential houses, there will also be loss of public utilities, such as, telephone lines and electricity lines poles located along the project road corridor. Most of the affected houses are located in the rural sections of the project road and organized in small cluster villages.
The preparation of this updated RAP will be based on the Federal Democratic Republic Ethiopia laws, policies and procedures in relation to compensation payment and resettlement as well as the WB safeguard policy on involuntary resettlement (OP 4.12).
In the long term, the construction of Lot-2 Meki- Zeway road is hoped to contribute for the improvement of the livelihood of the local populations and development of the project area. Generally, with the construction of the project road, it expected that there will be improvement in agricultural activities, particularly in the area of crop and livestock production and in its marketing network. Similarly, there could be high potential for growth and development in trade and businesses activities; and also growth and improved linkages between urban and rural areas.
2.2 Project location and description
The Modjo-Hawassa road project is part of the Trans-African Highway n°4, the Cairo-Gaborone- Cape Town highway, the longest amongst the Trans-African highways, covering more than 10,000km and linking Addis Ababa with Kenya and the port of Mombasa within its central part. The Kenyan section, from Moyale to Isilo and Nairobi, is under rehabilitation and thus the new 4 lane dual carriageway highway of the Ethiopian part will enhance fast and free flow of traffic to Mombasa. The Modjo– Hawassa road project is a continuation of Government efforts to improve the standard of Trans-East African Highway as a member of Common Market for Eastern and Southern Africa (COMESA) countries and its import-export corridors to minimize the cost of its transit traffic. Meki-Zeway Road project(Lot II) covering 37km is part of the Mojo – Hawassa Highway. The Modjo-Hawassa 202.47 km road project is part of the Trans-African Highway covering more than 10,000 km and linking Addis Ababa with Kenya and the port of Mombasa. The Modjo– Hawassa road project is planned by the Government of Ethiopia to improve the standard of Trans-East
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 African Highway as a member of Common Market for Eastern and Southern Africa (COMESA) countries and its import-export corridors to minimize the cost of its transit traffic. The location of the Project Road Corridor is shown in Figure 1.1 below.
Figure 1-1: Mojo-Hawassa High way Project Phase 1 Meki-Zeway Lot 2 Project Location Map
Lot-2 Meki-Zeway section of the Modjo – Hawassa project is entirely located in the Oromia Regional State in the south central part of the country. The project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (sweal ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centres. Lot-2 Meki-Zeway section has a total length of 37 km. It starts at the Geographical location of 480023.59m North & 900413.51m East in Graba bofe kebele and ends at 468767.47 m North & 876940.15m East in Werja weshigula kebele with a total length of 37km. The Modjo-Hawassa road construction will be financed by four external financiers, the African Development Bank (AfDB), China EXIM Bank, Korea EXIM Bank and the World Bank, each supporting a discrete section of the road. World Bank will be responsible for the safeguard compliance of the road section financing, from Meki- Zeway. The updated EIA, SIA and RAP prepared for the section is financed by World Bank and will be reviewed by Bank safeguards team to confirm consistency with the Bank's safeguard policy. To ensure project sustainability and address the overall safeguard issues, the World Bank safeguards team has reviewed the EIAs, SIAs, and RAPs prepared for the other three sections and provided recommendations to ERA to make these instruments consistent with the Bank's safeguards policy. The project road will intercept two link roads that connect the main express road with Meki and Zeway towns. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before.
The road corridor traverses two rural Woredas and one town administration that are located in two administrative zones of Oromia National Regional State (ONRS). The two woredas crossed are Dugda Bora, Adami Tulu Jido Kombolcha and Zeway town Table 3 below shows administrative zones and woredas crossed and its area in km2. Table 3: Woredas crossed and area in Km2
Administrative Zone Woreda Area sq km East Shoa Dugda Bora 508 East Shoa Adami Tulu Kombolcha 1269 East Shoa Zeway 24 Source: socio economic profiles from each woreda (2017)
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
2.3 Scope of the updated RAP Study The updated RAP quantifies and values the impacts of the project and proposes measures to address the adverse impacts. The Ethiopian Roads Authority has signed a contract agreement with Daewoo E&C Co.ltd on May 25, 2016 to undertake construction of the project road , Review of Environmental Impact Assessment and Review of Resettlement Action Plan Documents for Modjo– Hawassa express way Road Project; in particular for LOT 2, Meki-Zeway section.
The scope of the review study includes the following: Review of the previous (EIA, and RAP) reports produced by Ethio Infra Engineering plc and evaluate its completeness and conformance with the TOR provided for the study; Review and update of the existing policy, legal and institutional framework of the government and the donors; Undertake site visits to the project sites and consult the community in the main, access and link roads. The Consultant must verify the information provided in the safeguards instruments (RAP, ESIA) against on-site observation. During the verification process the Consultant must consider all pertinent safeguarding issues that are necessary to achieve the objectives including: a) Rechecking the existing conditions of the road in accordance with the document prepared by the design consultant; b) Secondly, to carry out additional consultation with selected groups of the society which includes project affected persons, local administrations (Zonal, Woreda and Kebele) and communities along the road, government leaders and elders; c) During the consultation, the consultant shall identify or check the presence of replacement land for land take or any arrangement made for the Households (HH) who will lose their housing, etc d) Special arrangement made for disabled and Women heads of HH; e) The consultant shall remind and confirm the local administration about the cut-off date. For the purpose of this RAP updating the cut-off date was Sep 12/2016 which is after two days of an inventory. An inventory was conducted from July 12/2016 to Sep 10, 2016. Woreda officials held meetings with PAPs to aware the public about the overall implementation of the project and the effect of building new construction on the road alignments after an inventory. In the other words, an attempt has been made to aware the wider public about the cut-off date. Regarding issues related with inflation, the public is aware of the revision of the unit rate of items based on the current market price to be used for estimating the compensation. The property valuation committee assigned by the Woreda have estimated the compensation considering the past five years market status from the request year. f) Look at the design and check how to integrate environmental concerns/matters into design; g) Updated cost estimation for affected properties and estimate the total budget needed for the implementation of the RAP. This updated RAP study is part of the above contract agreement based on the previous Resettlement Action Plan which is done by Ethio Infra Engineering plc in 2015. Geographic scope of the updated RAP is the two Woredas, namely Adami Tulu and Dugda Woreda, through which the road traversing; and specific areas of influence are the 37 km long road covering 9.0 m width and ancillary work areas including access roads, camp site, quarry site, crusher site, borrow material extraction sites and spoil disposal sites.
2.4 Objectives of the updated RAP study
RAP is an important activity in any development project to avoid and minimize the impoverishment of Project Affected Persons (PAPs) and ensures that they receive appropriate compensation and rehabilitation measures.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 The objectives of this updated RAP study is to minimize the risks by avoiding displacement of people without a well-designed compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes livelihood and income restoration measures and resettlement assistance.
The key objectives of this updated RAP are related to;
Update the previous RAP done in 2018 by considering the current replacement value of affected properties and latest productivity of farm lands in the project affected woredas in context of 2018 budget year.
Identify and include additional social impacts of the road project that comes from time variations. To satisfy the demand of project road funder, contractor and consultant based on the final design updated information. Enhance the implementation of compensation by restructuring and building the capacity of property valuation and grievance redress committees recently formed on both woredas. Solicit additional questions, demands views and support of the project affected persons and other stakeholders for the implementation of the updated RAP document. Update the time schedule for the implementation of this updated RAP document. Recheck the socio-economic condition of PAPs and conduct additional inventory of PAPs and their properties that will be affected by the link and access roads construction of the project road. Update the current socio economic data of project affected woredas and project influencing areas. Enhance the knowledge and level of participation of stakeholders and other RAP implementing institutions. Review of the existing policies and development strategies, legal and institutional frameworks pertaining to the project, Check the implementation and practicality of the cut-of-date set on March 10, 2014 during the starting of inventory of affected PAPs and their properties and existence of squatters encroached in the road project alignment after the cut-of- date set in March, 10/2014. Identification of the most appropriate social management and monitoring framework, which will ensure that reinforcement measures for the positive impacts and the mitigation of adverse social impacts are fully addressed. Update and review the project road social impacts, affected properties and RAP budget for the main, access and link roads of the project. Provide mitigation for project related impacts. The contractor (Daewoo E&C) has carried out the review of this updated RAP document of Lot-2 Meki-Zeway section which was previously done by Ethio-Infra Engineering plc, the final design consultant in 2014. This review focused in analysing the data, identifying the gaps and any deficiencies with a view to enhance the document. Here the total work related with inventory started in July 12, 2016. Site visit to the project area was carried more than couple of times with the objective of identifying and assessing the potential positive and negative impacts. During the field survey, inventory of affected properties that are located within the 90m width main ROW, access and link roads is carried out. An inventory for 2018 updated RAP which is also the source for the current updated January 2019 RAP finalized within two months from July 12/2016 to Sep 10, 2016.
This updated RAP is prepared on the basis of socio economic survey and field level data and information gathered. In addition, public and stakeholder consultations were conducted with PAPs, Daewoo E&C Co.ltd Page 10
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 local communities, and with local authorities (Woreda and Kebele). It is also complemented by a Social Impact Assessment that includes the processes of analysing, monitoring and managing the intended and unintended social consequences, both positive and negative, of the projects and any social change processes invoked by the project interventions, with the primary purpose of bringing about a more sustainable and equitable biophysical and human environment.
The project‟s Environmental and Social Impact Assessment (ESIA) addresses physical environment and social impacts and will be applied together with this updated RAP. The project implementers are responsible for identifying and implementing investment activities. This updated RAP document is to be used by all implementers of the project in order to ensure that all environmental and social safeguards are adequately addressed and that the relevant capacity and training needs are established in order for the recommended measures are implemented effectively.
To accommodate movement of people, animals and local traffic to Lake Zeway and existing road side, a total 13 pedestrian underpasses, 3 vehicular underpasses and 9 vehicular overpasses a total of 25 crossing structures are proposed to cross the Expressway at this stage of the final RAP. These crossing structures will have positive impacts in mitigating traffic accident for human and livestock population of the project area. The crossing structures will also solve accessibility and connection problems of the community to social, cultural and market area of both opposite side of the express road. Table 4: Crossing structures by km distance Type of crossing structures Station 57+267 59+024 69+398 70+865 71+846 72+906 75+500 78+826 Pedestrian under passes 84+280 84+955 85+940 86+920 89+709 - - Vehicle under passes 74+540 76+285 77+415 Vehicle over passes 61+337 63+033 66+027.4/link 79+920 81+810 83+380 88+019 90+497.199/link 92+590 Source: - contractor design data (October 2017) Approach and Methodology The general approach in preparing the RAP follows a participatory one where a range of relevant stakeholder participated in various consultation sessions and forwarded their opinion in relation to land acquisition, forms of compensation, public participation, livelihood support, grievance redress mechanism etc. Besides, the approach follows with strong reference to the applicable legislation of the national government and safeguard policies of the financer. In specific terms, the following tools have been used to generate the required data and information: . Review of national policies, strategies, legislations and guidelines, . Review of data and information from secondary sources, . Detailed field investigations along the entire section of the proposed road alignment, . Baseline data collection of project affected persons and identification of affected properties and assets. . Socio-economic profile of the project affected households was collected for the entire project road and specifically for the priority sections through a survey of socio-economic condition administered by the study team on those physically and economically displaced households in the project area of influence.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 . Conducting consultations with project affected persons, local population and with key stakeholders in the project area. Consultations were conducted with the objective of identifying and assessing the potential impacts. During the field survey, inventory of affected properties that are located within the 90m width for ROW was carried out. The details of the consultations with PAPs, community, different stakeholders and government officials are discussed under Section 9. . The identification and assessment of potential social impacts includes short and long-term, direct and indirect, as well as positive and negative impacts. The significance, and hence acceptability, of potential impacts has been determined by the evaluation of the assessed impacts against socio – economic standards, public opinion, and expert judgment. . During the site assessment, socio economic survey (household survey) and field level data and information were gathered. Socio-economic survey was also complemented by a Social Impact Assessment that includes the processes of analyzing, monitoring and managing the intended and unintended social consequences, both positive and negative, of the projects and any social change processes invoked by the project interventions, with the primary purpose of bringing about a more sustainable and equitable biophysical and human environment. The preparation and content of this RAP is within Ethiopia‟s existing legal and administrative framework and World Bank‟s policy on involuntary resettlement (OP4.12). In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia (FDRE) law and that of the World Bank Policy, the Bank policy will prevail as the final.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 3 SOCIO-ECONOMIC BACKGROUND AND DESCRIPTION OF THE PROJECT ROAD
3.1 Geographic and Administrative Location
Lot-2 Meki-Zeway section of the Modjo – Hawassa road project is entirely located in the Oromia National Regional State in the south central part of the Country. The road corridor traverses two Woredas that are located in two administrative zones of Oromia National Regional State (ONRS). The two Woredas crossed are Dugda Bora and Adami Tulu Jido Kombolecha. The total kebeles traversed by the project road are 4 namely Gereba bofa (km53+500- km62+100), Wayu Geberel (km62+100-km79+300), Abune Geremama and Wereja weshigula km79+300-km93+200. Name of Kebeles and villages traversed by the road is attached in annex10.
The project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (swale ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centres in the project area. It starts at the Geographical location of 480023.59m North & 900413.51m East in Graba bofe kebele and ends at 468767.47 m North & 876940.15m East in Werja weshigula kebele with a total length of 37km.
The project road will intercept two link roads that connect the express road with the nearest towns, Meki and Zeway. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before. The length of the link roads is not the same in which the one to Meki town is 2.5 KM and which connect the road to Zeway town is 4.5KM. Totally the number of PAP along the link road is 109. 3.2 Demographic Characteristics
(i) Population in the Project Area
According to Central Statistical Agency (CSA), Population projection of Ethiopia for all regions at woreda level for 2017; total population in the project affected woredas is 507,412 and out of which the majority (57%) lives in the rural areas. Tables 5 below provide the latest information available on population size of woredas by place of residence and sex. Table 5: Population of woredas along the project road Urban + Rural Urban Rural Woreda Both Both Both Male Female Male Female Male Female sexes sexes sexes Dugda- 196,678 100,761 95,917 58,490 30,178 28,312 138,188 70,583 67,605 Woreda Meki-/Town/- 53,300 27,536 25,764 53,300 27,536 25,764 - - - Woreda Adami Tulu 186,998 93,786 93,212 33,761 17,287 16,474 153,237 76,499 76,738 J.K. Woreda Zeway/Town/- 70,436 36,707 33,729 70,436 36,707 33,729 - - - Woreda Total Project 507,412 258,790 248,622 215,987 111,708 104,279 291,425 147,082 144,343 Area Source: CSA Projected population for 2017.
(ii) Sex composition
The sex ratio of the affected woredas is 104 which indicate a higher proportion of male population. The distribution of sex ratio among the woredas is uneven. The lowest sex ratio (108) is observed in Meki while higher ratios are observed in the towns, Zeway (110).
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 (iii) Urban Area Population The two towns located in the project road, have a total population 126,166 (65,383are male and 60,783are female). Table 6 shows the population residing in the towns traversed by the project road. Table 6: Population data of towns along the project road Name of Woreda/Town Population Both sexes Male Female Dugda Woreda Meki-Town (woreda capital) 53,300 27,536 25,764 Adami Tulu Jido Kombolcha-Woreda Zeway/Batu Town (woreda capital) 70,436 36,707 33,729 Abomsa-Town 2,430 1140 1290 Total Project Area Urban Population 126,166 65,383 60,783
Source: Compiled data obtained from CSA population projection (2017) (iv) Population Density
The population density along the project road ranges between 115 to 174 persons per square km in Dugda Bora and Adami Tulu Jido Kombolcha woredas as shown in Table 7. Table 7: Crude Population Density for woredas along the project road Woreda Area sq km Density per km sq
Dugda Bora 508 387 Adami Tulu Kombolcha 1269 147 Zeway 46 Source: Compiled data obtained from CSA population projection (2017) (v) Ethnic composition
The Ethnic composition of the woredas crossed by the project road shows high percentage of Oromo ethnic group. The Oromo are also the largest ethnic group in the country who speak Affan Oromo as their language. In East Shoa the majority (73% ) of the population belong to the Oromo ethnic group followed by the Amhara population (15% ); there are also other numerous ethnic groups in the zone but have very small population size. Language
Affan Oromo is the main language and it is widely spoken by the majority population residing in the East Shoa administrative zones affected woredas (69% ) followed by Amharigna (31% ) respectively. Affan Oromo is the official and working language of the Regional State and that of woredas traversed by the project road.
(vi) Religion
The majority of the population of the project affected woredas is composed of Orthodox Christians (70%) followed by Muslims (16.2) and Protestant Christians (8.4%). The proportion of followers of other religions is negligible.
(vii) Household size
The average household size in the affected woredas is 4.9 persons per household. Thus the proportion of small size households is higher in urban areas.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 (viii) Dependency ratio
Based on the socio economic profiles of project affected woredas 2017,dependency ratio for population below 15 years is 34 .7 % in dugeda woreda and dependency for old age above 64 is 3.43 % . Dependency ratio for population below 15 years is 16.4 % in Adami tulu Jido Kombolcha woreda and dependency for old age above 64 is 2.5 %.
3.3 Education
(i) School Enrolment
There are 188 schools in the project affected woredas of which 173 primary schools and 10 secondary and 5 preparatory schools. In the year 2009 the total number of students enrolled from grade 1-12 is 121,952. Out of this 110,656 are grades 1 to 8 which comprise the highest proportion (90.7%) , followed by students in grades 9 to 10 (7.4%), and 11 to 12 (less than 1.9%) respectively (see Table 8).There are also Technical Vocational Training centers that produce medium level personnel. Table 8:No. of schools and students along the project road Woreda No of Schools No of students 1-8 9 11 Tota 1-8 9-10 11-12 - - l Male Femal Total Mal Femal Tota Mal Femal Tota 1 12 e e e l e e l 0 Dugda Bora 83 5 2 90 1646 17655 3411 150 1817 331 419 359 778 0 5 1 8 AdamiT.Kombol 86 4 2 92 3539 32004 6739 148 950 243 420 330 750 cha 4 8 0 0 Zeway town 4 1 1 6 4445 4698 9143 189 1329 322 624 174 798 3 2 Total 17 1 5 188 5629 54357 1106 487 4096 897 146 863 232 3 0 9 56 4 0 3 6 Source: Compiled data obtained from each woreda socio economic profiles (2017)
The proportion between females and males is more balanced in grades (1-8) and proportion of female students is around 45.6% in grades (9-10) and to 37.1% in grades (11-12). This trend is to be attributed to the prevalence of early marriage of females due to cultural reasons.
3.4 Access to Health Institutions
In the project area there are a total of 211 health service giving infrastructures in the affected woredas. Among these 79 health posts, 49 clinics, 47 drug stores, 19health centers and 1hospital (refer to Table 9). Table 9: Health Institutions in the Project Affected Woredas Woreda Hospital Health H/Post Clinics Pharmacy Drug Drug Total centre store Vender
Dugda Bora - 8 36 16 - 36 6 102 Adami Tulu - 8 43 15 4 - 1 71 ZewayKombolcha town 1 3 - 18 5 11 - 38 Total 1 19 79 49 9 47 7 211 Source: Source: socio economic profiles from each woreda (2017)
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Health personnel/population ratios show that the number of qualified doctors is insufficient and 4 medical doctors are available in Zeway town. Table 10 below show type of health personnels and their distribution in both rural woredas and Zeway town. Table 10: Personnel in the Project Affected Woredas Health Health Lab Pharmacy Woreda Doctor nurse Sanitarians Total Officer extension technicians technicians Dugda - 37 1 73 10 2 3 126 Bora Adami Tulu - 52 13 94 13 9 3 184 Kombolcha Zeway 4 29 9 20 12 8 15 97 town Total 4 118 23 187 35 19 21 407 Source: Source: socio economic profiles from each woreda (2017)
3.5 Access to Water Resources
In the project affected woredas, population has very limited access to potable water supply. The main source of water in rural areas is different water wells dug by machine and hands. Based on these both Dugda and Adami tulu woredas have 75% and 87% water coverage respectively. (see Table 11). Access to unprotected water supply sources is also difficult and the supply level varies significantly by season. Almost all towns traversed by the project road have better access to potable water. Meki and Zeway towns have piped schemes. Table 11: Water Supply Coverage in the Project Affected Woredas Woredas Deep Shallow Hand Wind Total Tap Coverage well Well dug mill water well Dugda Bora 32 188 188 2 410 - 75% Adami Tulu 31 121 134 12 298 - 87% Zeway 50 20 38 13 121 Available 98% Total 113 329 360 27 829 - - Source: Source: socio economic profiles from each woreda (2017) 3.6 Road Network in the Affected Woredas The road network in the woredas and Zeway town shows 107 km of Asphalt, 782.75 km of all- weather and 142.5 km of dry weather roads in 2017. The road length for each woreda by road type is presented on Table 12. Table 12: Road Network in the Project Affected Woredas (km) Woredas Asphalt Gravel All weather Dry Weather Total
Dugda Bora 23 147.75 170.75 26.50 368 Adami Tulu 59 136 591 101 887 Zeway 25 38 21 15 99
Total 107 321.75 782.75 142.5 1354
Source: Compiled data obtained from each woreda socio economic profile (2017) 3.7 Economic Activities (i) Agriculture
The area of influence is characterized by intensive cultivation with low productivity. The shortage of arable land is a key factor leading to average household landholdings as low. Average hectare for
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 family house hold varies in each woreda; average house hold hectare of farm land per house hold in Dugda is 2.3ha and 1.9 in Adami Tulu woreda.
Virtually all the agricultural production in the project area is rain fed and single season cropping is practiced. Land preparation is carried out by oxen drawing, sowing of most crops is by broadcasting seed, and subsequent cultivation is all done by hand. The farmers mostly grow combinations of crops mainly consisting in cereals, pulses and oil crops in order to achieve food self-sufficiency.
The total cultivated area in the project affected woredas 131,771hectare and the total volume of crop production was around 3,410,350.98 quintals in the year 2016 (refer Table 13). In the year indicated about 40,699 ql of chemical fertilizer and 55,365.88 quintals of improved seeds were distributed to the farmers in the area.
Though irrigation farming is on preliminary stage in both woredas, there is great potential for the sector, Meki-Batu Irrigation Project launched at a high investment cost approximately 278 Million ETB is one of the biggest project started in Dugda woreda planning to develop 3,000 hectares of land that expected to played a significant role in minimizing drought-related problems in the district. However, its present performance cannot be clearly defined. Despite all this, 14,418 ha of land used for traditional irrigation farming and was able to get 2,893,951ql of production in Dugda woreda. In Adami tulu woreda 4,146 ha of land cultivated by traditional irrigation farming association in 2016. This irrigation farm helps 2622 members of the association, out of this 727 are female who have a total of ETB 11,856,282 capital. . Table 13: Crop Production and Cultivated Land by rain fed and Irrigation in the Affected Woredas (2016/17) Woreda Cultivated Total Crop Irrigation Total Fertilizer Improved Land (ha) produced Land(ha) Crop(ql) ql seed (ql) ql Dugda Bora 62,686 2,109,668 14,418 2,893,951 25,557 49,866 Adami Tulu Kombolcha 69,085 1,300,682.98 4,146 - 15,142 5,499.88 131,771 3,410,350.98 18,564 2,893,951 40,699 55,365.88 Source: socio economic profiles from each woreda (2017)
(ii) Livestock rearing
Livestock is an integral part of the farming system in the project area and are economically complementary to crop production. It provides fertilizer for crops and, to a lesser degree, it supplies milk, meat, cash income and serve as an investment against risk for rural households. In times of famine, livestock is sold to purchase grain. The livestock population in the woredas traversed by the project road is shown in Table 14.
The total livestock population in the affected woredas by 2017 is about 973,649. Out of this total population 417,276 are cattle, 101,337 sheep, 93,917 goats, 3,471 mules, 51,229 donkeys, 7,883 horses and 298,536 poultry. Livestock pattern follows the following order: cattle-goat-sheep- donkey. 59% of the livestock population is located in Dugda Bora woreda, while 41% is located in Adami Tulu Jido Kombolcha Woreda.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Table 14: Livestock Population in the Project Affected Woredas Woreda Cattle Sheep Goat Mule Donkey Horse Poultry Total Dugda Bora 229,236 70,263 62,705 2,166 20,017 5,193 183,665 573,245 Adami Tulu Kombolcha 188,040 31,074 31,212 1,305 31,212 2,690 114,871 400,404 Zeway ------Total 417,276 101,337 93,917 3,471 51,229 7,883 298,536 973649 Source: Source: socio economic profiles from each woreda (2017) Gender-Based Violence /GBV/ The FDRE constitution has provisions that protect victims of harmful traditional practices, for all its citizens and particularly for Women. Article 35(4) stipulates that the State shall enforce the rights of women and that laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited. Rape, abduction, female genital mutilation and early marriage are some of the main gender based violence perpetrated against women in our society.
In a baseline survey conducted in 1998 by the National Committee on Harmful Traditional Practices on ethnic groups in the country, it was reported that there are some 88 forms of Harmful Traditional Practices (HTPs), 90% of which are found to have negative consequences on the physical and mental health of Women and Children. The issue of GBV or any form of violence against women continues become a major challenge and a threat to women‟s empowerment throughout the country in general and in the Oromiya region in particular. As a result, women and girls face physical, emotional, and sexual abuses that undermine their health and ability to earn a living; disrupt their social systems and relationships; and rob them of their childhood and education. According to the 2016 Ethiopia Demographic and Health Survey (EDHS), rural women are somewhat more likely (24%) than urban women (21%) to have experienced physical violence since the age of 15; whereas the situation is more prevalent in the Oromiya regional state, which accounts to 28% of the proportion of women experiencing physical violence. The prevalence of sexual violence is also higher in the Oromiya region (13%) where the project operates. On the contrary, according to the same survey report, it is not common for women who have experienced physical and sexual violence to seek help from service providers such as lawyers, doctors/medical personnel, and social work organizations: only 2%-3% have ever sought help from each of these sources.
For the Modjo-Hawassa Expressway Road development Project and particularly for LoT-2, an agreement is reached between ERA and the financing partners that the gender related aspects including GBV will be handled as part of the HIV/AIDS related work. For LoT-2, a dedicated gender specialist will be assigned. A project specific GBV risk assessment is being undertaken and a GBV action plan will be prepared based on the results. There is an Independent Safeguards monitoring consulting firm who will also be looking in to the GBV related issues. For the occurrence of any type of GBV all workers informed to inform the issue to the legal officers.
4 Policy & Legal Framework
This chapter reviews relevant Government policies, legislative frameworks both at Federal and Regional level of FDRE. 4.1 Legal Background Currently there are a number of legal documents at Federal and Regional levels dealing with involuntary resettlement & restitution. Previous legal documents which are consistent with the provisions of the F.D.R.E constitution are also checked. The major documents are proclamation No. 1/ 1995 of the Ethiopian Constitution, the 1997 Environment Policy, the Environmental Impact Assessment proclamation No. 299/2002, Environmental Impact Assessment Guideline Document (July 2000), Proclamation No. 455/2005 on Expropriation of Land holdings for Public Purposes and Payments of Compensations, Proclamation No. 456 / 2005 on Rural Land Administration and Land
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 use Proclamation and Council of Ministers Regulations No. 135/2007 on the payment of compensation for property situated on landholdings expropriated for public purposes. The Councils of Ministers Regulations No. 135/2007 is based on Article 14(1) of Proclamation No. 455/2005 which states: “with a purpose of not only paying compensation but also to assist displaced persons to restore their livelihood”. In this guideline an attempt has been made to summarize some of the provisions in these legal documents, which are found to be relevant to the present task. Hence, the present exercise subject to base these legal documents for identifications, valuation of damaged properties and rights for compensation payment procedures. In addition to these legal documents and regulations, like ERA‟s Resettlement Policy Framework on involuntary resettlement is checked for the preparation of this updated RAP document. The 1995 constitution of the Federal Democratic Republic of Ethiopia, article 40(2) and 40(3) stipulates public ownership of land and expropriation of land holdings for public purposes and payment of compensation. Proclamation No. 455/ 2005 specifically promulgated and provided provisions for compensations. The basic principle of ERA‟s Resettlement / Rehabilitation Policy Framework is to address the importance of compensation payments for the loss of assets at replacement cost, giving opportunities to locals to share project benefits and assisting PAPs during relocation / rehabilitation. Detailed regulations for valuation of properties situated on landholdings expropriated for public purposes are promulgated on Council of Ministers Regulation No.135/2007. Regarding compensations, all documents clearly state that individuals have the right to be compensated for the works on land created by labour, capital and land use rights. In line with these basic principles major resettlement and compensation issues are addressed from various legal documents of FDRE. 4.2 The Constitution As the major binding document for all other derivative national and regional policies, laws and regulations, the Constitution of the Federal Democratic Republic of Ethiopia, (FDRE), have provisions, which have a direct policy, legal and institutional relevance‟s for the appropriate implementation of resettlement action plans, which will be executed by the Ethiopian Roads Authority. Article 40.3 of the Constitution declares public ownership of both rural and urban land as well as all natural resources. It further states that land is the common property of the Ethiopian people and cannot be subject to sale or to other means of exchange. Moreover, ownership of land is vested on the public and the people while rural and urban dwellers have only usufruct right over the land. A use right gives the user the right to use the land and the right to benefit from the fruits of her/his labour and capital which may be crops, trees, etc. found on the land or any other permanent works such as buildings etc. Article 44.2 of the Constitution indicates that interventions for public goods that may cause the displacement of people or adversely affect the livelihood of the local population shall give the right to commensurate monetary or other means of compensation including relocation / rehabilitation with adequate state assistance. This provision has a strong relevance to the Resettlement Action Plans that ERA shall undertake while involved in road projects. The provisions in the constitution clearly states government‟s obligation not only to compensate for the loss of properties created by the labour and capital but also to compensate for the lost usufruct right over land through resettling the affected individuals/communities by the state programs with adequate assistances.
4.3 Regional States Land Administration and Land Use Proclamation
Based on the Federal land administration and utilization proclamation No.456 / 2005, (which repealed the Federal Government Rural Land Administration Proclamation No.89/ 1997); regions will commence their own land administration and utilization laws. Hence, the preparation of this updated RAP is obliged to adopt and used national and regional state rural land administration and land use proclamation. According to the World Bank policy Research Working paper No. 4218, rural land certification in main regions of the country started in 2003. Up to the publication of the above mentioned research working paper in April 2007, 88% of households in Tigray, and 79% in Amhara and in Oromia 65% of the land registration process is under taken by the year 2017.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
4.4 Proclamation on Research and Conservation of Cultural Heritage
Proclamation No. 209/2000 provides legal framework for Research and Conservation of Cultural Heritage. The Proclamation establishes the Authority for Research and Conservation of Cultural Heritage (ARCCH) as a government institution with a juridical personality. In addition, it has provisions for management, exploration, discovery and study of Cultural Heritage and miscellaneous provisions.
As defined in the Proclamation, the objectives of the Authority (ARCCH) are to carry out a scientific registration and supervision of Cultural Heritage; protect Cultural Heritage against man-made and natural disasters; enable the benefits of Cultural Heritage assist in the economic and social development of the country; and discover and study Cultural Heritage.
4.5 The Environmental Policy of Ethiopia
The Environmental Protection Authority which is directly accountable to the prime minister office is re-established in October 2002, under Proclamation No 295 / 2002. This Proclamation repealed Proclamation No 9/1995. This day the The Ethiopian Environment Policy has provisions relevant to preparation of Resettlement Action plan guidelines. Major elements of the policy are:- To ensure that the environmental impact assessments (EIA) consider not only physical and biological impacts but also address socio-economic, political and cultural conditions; To recognize public consultation is an integral part of the EIA and ensure that EIA procedures make provision for both an independent review and public comments before consideration of decision makers; To ensure that, an environmental impact statement always includes mitigation plans for environmental management problems and contingency plans in case of accidents; To ensure that, at specified intervals during the project implementation, environmental audits regarding monitoring, inspection and record keeping take place for activities where these have been required by the Environmental Impact Statement; To ensure that preliminary and full EIA‟s are undertaken by the relevant sect oral ministries or departments, if in the public sector, and by the developer in the private sector; To create by law an EIA process which requires appropriate environmental impact statements and environmental audits for private and state development projects? To establish the necessary institutional framework and determine the linkages of its parts for undertaking, co-coordinating and approving EIA‟s and the subsequent system of environmental audits required to ensure compliance with conditional ties; To develop detailed sectoral technical guidelines in EIA‟s and environmental audits; To ensure that social, socio-economic, political and cultural conditions are considered in environmental impact assessment procedures and included in sectoral guidelines; and To develop EIA and environmental audit capacity and capability in the Ministry of Environment and Forest, sectoral ministries and agencies as well as in the regions.
4.6 Proclamation Number 455/2005
Article 8(1) of this proclamation sates that a rural landholder whose landholding has been permanently expropriated shall be paid for his (her) displacement / rehabilitation options an amount equivalent to ten times (years) the average income he secured during the preceding past five years in addition to other payments like losing fixed assets, annual and perennial crops and cash crops. Again Article 8(2) stipulates that a landholder whose land provisionally expropriated shall be paid for the lost income, based on the average annual income secured for the preceding five years, until he/she repossesses the land. In accordance with this proclamation Article 14(1) provision which state “The council of Ministers may issue regulations necessary for the proper implementation of Daewoo E&C Co.ltd Page 20
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 this proclamation” Regulation No.135/2007 is promulgated and effective as of 4th day of July 2007. There is an expectation among professionals that this regulation might solve ambiguities related to valuation of properties and compensation payments. The valuation procedure for determining additional compensation, (like for permanent land improvement), is yet officially enacted. Those individuals who will get a land-to-land replacement shall be compensated for the loss an amount equivalent to the average annual income secured during the preceding five years. As per this proclamation Article 8(4) urban landholder whose land holding has been expropriated shall be provided, apart from the estimated payment for the lost structures, with a plot of urban land to construct a structure and to be paid a displacement compensation equivalent to the annual rent of the demolished house or be allowed to live in public house without rent for one year. In order to conduct an effective and full-fledged compensation for project-affected peoples, the enactment of the regulation has been essential. Article 19(1) of Regulation 135/2007 stipulates on properties for which compensation is not payable. As to this Article “there shall be no payment of compensation with respect to any construction or improvements made like buildings, any crops sown, perennial crops planted or any permanent improvement on land, where such activity is done after the possessor of the land is served with the expropriation order”. The broad framework within Proclamation No. 455/2005 and regulation 135/2007 are binding in implementing valuation of properties and remuneration payments.
4.7 ERA’s Resettlement /Rehabilitation Policy Framework
Apart from the broad policy frameworks at national level, the main reference behind the preparation of this up dated Resettlement Action Plan (RAP) is ERA‟s guiding principles as stipulated in its Resettlement and Rehabilitation Policy Framework. The principles in the framework are adopted basically from the World Bank‟s policy on resettlement and rehabilitation. The following statement is adopted from ERA‟s Resettlement and Rehabilitation Framework to show when and where a RAP is required or not. At project identification, social screening/social impact assessment (SIA) of the subprojects will be conducted with the aim to determine whether or not a subproject requires detailed resettlement action plans. The principles of compensation/rehabilitation will be triggered wherever there will be a land requirement and adverse social impacts. If the SIA findings reveal that more than 200 persons are affected by a subproject, a resettlement action plan will be prepared (ERA 2002). However, as to OP 4.12, “where impacts on the entire displaced is minor, or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower” As per the above framework and the Bank policy, a threshold has been set whether or not to proceed with a detail RAP once a social screening is done on any proposed road development project. A Road development that entails the relocation of more than 200 individuals or above 40 households is expected to entail a resettlement action plan. Those road projects that would displace less than 200 individuals are not expected to come up with a detailed/full scale RAP. In such cases an Abbreviated Resettlement Action Plan shall be prepared. Although this is the case, there is a major gap between the National Legislations and the WB Operational Policies (OP4.12) in notification period and expropriation of properties. Proclamation No 455/2005 Article (3) (4) requires that property must be handed over 90 days after compensation has been paid. On the other hand OP.4.12 requires that displacement must not occur before necessary measures for resettlements are in place. In case of a conflict between the national and international procedures, OP4.12 states that” where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard”. 4.8 Proclamation on the land ownership
Land in Ethiopia is the property of the state / public and does not require compensation. The land proclamation No. 31/1975 on rural land and No. 47/1975 of the urban land states that government holds the ownership of land; it is the property of the Ethiopian People. However, Article 7(72) of proclamation No 47/1975 states that the government shall pay fair compensation for property situated on the land, but the amount of compensation shall not take any value of the land into
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 account, because land is owned by state. The change to state ownership was enshrined in proclamation No.1 / 1987 and proclamation No. 1 / 1995. Moreover, the Federal Government issued the rural land administration proclamation (No. 456/2005) that vested power on regional states to enact regional laws to the purpose consistent with the principles and laws of the Federal government. According to this proclamation Article 17(1) “each regional council shall enact rural land administration and land use law, which consists of detailed provisions necessary to implement this proclamation”. Proclamation No.80/1997 article 6(18) states that ERA shall use, free of charge, land and such other resources and quarry substances for the purpose of construction of highways, camps, storage of equipment and other required services, provided however, that it shall pay compensation in accordance with the law for properties on the land it uses. The Right-of-Way (RoW) is the land allocated and preserved by the law for public use in road construction, rehabilitation and maintenance work. For example in the RR50 standard 15mt width on either side of the road centreline fall into the legal RoW. In recognition of Article 6(17) of proclamation No.80/1997 in re-establishing ERA gave the mandate to “determine the extent of land required for its activities in the adjacency as well as surrounding of highways and the conditions of use of such land by others”. However, this proclamation does not explicitly determine the extent of the Right of Way. Traditionally ERA exercises 30mt of ROW for its projects. As to this proclamation ERA has a mandate: (a) to develop and administer highways, (b) To ensure the standard of road construction and, (c) To create a proper condition on which the road net- work is co-ordinately promoted. The RoW branch of ERA is the primary and responsible body to possess and maintains land required for the project causes and compensation payments. Proclamation No 455/2005, which is targeted on expropriation of land holdings for public purposes and payment of compensations, is the base for this updated RAP. For detailed regulations on valuation of properties situated on landholdings expropriated for public purposes, the updated RAP relied on Council of Ministers regulations No.135/2007. 4.9 The National Population Policy
The national population policy, which was issued in 1993, aims to reduce population growth by reducing the number of children per women from 7.5 to 4.0 by 2015. The policy also recognizes that if economic and social development is to be sustainable it must be compatible with the limits of the existing natural resource base. 4.10 Education and Training Policy
The Government's desire to improve the provision of quality education resulted in the formulation of the Education and Training Policy (ETP), In 1997 the Government of Ethiopia launched the first five year Education Sector Development Program (ESDP-I) within the framework of ETP as part of a twenty-year plan for the education sector. The main thrust of ESDP is to improve quality and efficiency and to expand access with special emphasis on primary education in rural and underserved areas, as well as the promotion of education for girls in an attempt to achieve universal primary education by 2015. 4.11 Health Policy of Ethiopia
The health policy of Ethiopia was issued in Sept. 1993. It was prepared through critical examination of the nature, magnitude and root causes of the prevailing health problem of the country and awareness of newly emerging health problems. It accords appropriate emphasis to the needs of the less privileged rural population, which constitute the overwhelming majority of the nation. In general, the policy states that health development shall be seen not only in humanitarian terms but also as an essential component of the package of social and economic development as well as being an instrument of social justice and equity.
4.12 National Policy on Women
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 The Federal Democratic Government of Ethiopia has declared its unequivocal commitment to the development of women with the announcement of the National Policy on Women in 1993. The Women's Policy primarily aims to institutionalize the political, economic, and social rights of women by creating an appropriate structure in government offices and institutions so that the public policies and interventions are gender-sensitive and can ensure equitable development for all Ethiopian men and women. The Policy states that the responsibility of ensuring the implementation of the National Policy on Women lies mainly with the Government. Besides, various women's organizations are formed to promote women issues in different areas. All development program at National and Regional levels should be able to integrate gender concerns in their plans and program to see that women participate, contribute benefit and their effort is recognized and technologically supported. Thus the mainstreaming of gender in all development programs should focus at establishing a system where by each sector program would use gender as a measuring indicator to quantify project and achievements.
4.13 National HIV/AIDS Policy and ERA’s HIV/AIDS Policy at Work Places
Ethiopia is one of the countries in the world that is facing HIV/AIDS pandemics. Having understood the magnitude of the HIV/AIDS pandemic and its paramount impacts on the socio-economic development of the country, the FDRE issued a Policy on HIV/AIDS in 1998, which calls for an integrated effort of multi-sect oral response to control the pandemic. The National HIV/AIDS Policy urges communities at large, including government ministries, local governments and the civil society to assume responsibility for carrying out HIV/AIDS awareness and prevention campaigns. The general objective of the policy is to provide an enabling environment for HIV/AIDS prevention and control in the country. In order to address the problem and coordinate the prevention and control activities at national level, in 2000 National AIDS Council was established under the Chairmanship of the country‟s President and in 2002 HIV/AIDS Prevention and Control Office was established. The transport sector, to which ERA belongs, is among the most susceptible sectors for the spread of HIV/AIDS. It was in recognisance of this that ERA has issued a Sectoral Policy for HIV/AIDS in the Work places of ERA in June 2004. The policy acknowledges that HIV/AIDS is a reality in the work places which may have detrimental effects on its work force. The policy is prepared with the objectives of developing and implementing an effective workplace programme. Some of the policy objectives of ERA´s HIV/AIDS policy are to create awareness among its employees and promote effective ways to managing HIV/AIDS and to create supportive environment for those affected. The principles of the policy are to ensure that employees living with HIV/AIDS have the same right and obligations; to avoid discrimination and stigmatization of employees with HIV/AIDS and for them to receive equal treatment; seek to minimize the social and development consequences, provide support counselling and educational services to infected and affected employees; to establish and maintain an employee assistance programme and ensure sustainable resource for the prevention and control. 4.14 Labour Proclamation No. 377/2003
The preamble of the this Proclamation states that it is essential to ensure that worker-employer relation are governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round development of the Country.
The Proclamation has strong relevance to the road project under consideration. Especially, articles related to women and young employments have to be taken into account while employing these categories of people into the Project. Part six, chapter 1 and 2 need to be heeded strongly while engaging women and young force. The provisions listed in these two chapters of the Proclamation emphasis women‟s specific needs, minimum age for employment, etc which should be given utmost consideration. Specifically, the law defined that “young worker” means a person who has the age of 14 but is not over age of 18 years. The law prohibited to employ persons less than 14 years of age. It also prohibited employing young workers which on account of its nature or due to
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 the condition in which it is carried out damages the life or health of the young worker performing the work. The law also defined that normal hours of work for young workers shall not exceed seven hours a day and it also prohibited to employ young workers on night work between 10 pm and 6am and overtime work, weekly rest day or on public holidays. Hence, the issue of child labour abuse should be avoided in line with these national legal provisions.
4.15 World Bank Operational Policy on Involuntary Resettlement (OP) 4.12
World Bank operational Policy describes: Bank policy and procedures on involuntary resettlement as well as the conditions that borrowers are expected to meet in operation involving involuntary resettlement Planning and financing resettlement components or free-standing projects are an integral part of preparation for projects that cause involuntary displacement. Any operation that involves land acquisition or is a category A or B project resettlement requirements early in the project cycle (para, 20).
Development projects that displaces people involuntarily generally give rise to economic, social and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for recourses greater; community structures and social networks are weakened kin groups are dispersed, cultural identity, traditional authority and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment and social damage unless appropriate measures are carefully planned and carried out.
The World Bank‟s requirements regarding involuntary resettlement are detailed in Operational Policy 4.12. The Policy outlines the following principles: Acquisition of land and other assets and resettlement of people will be minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operational and engineering solutions that have the least impact on populations in the Project area. The populations affected by the Project are defined as those who may stand to lose as a consequence of the Project, all or part of their physical and non-physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships and other losses that may be identified during the process of resettlement planning. All PAPs who will be identified in the project impacted areas as of the date of the updated census and inventory of losses, will be entitled to be compensated for their lost assets, incomes and businesses at full replacement cost and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. All affected populations who have the formal legal right will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing and any such factors that may discriminate against achieving the objectives outlined above.
4.15.1 Eligibility Criteria Operational Policy (OP) 4.12 uses land ownership and severity of impact as guides to determine eligibility for resettlement entitlements. Land ownership includes title, customary, and traditional rights, as well as formal and informal contractual rights. The severity of impact may range from minor to severe. Minor impacts occur when, as defined in OP 4.12, endnote 25, “less than 10% of their productive assets are lost,” with no physical relocation. Severe impact is when more than 10 percent of land (or resources) is taken, physical relocation occurs from one‟s residence or place of business, or people suffering significant loss of livelihood and income.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 OP 4.12 defines categories of eligibility in terms of land tenure (para. 15): “Displaced persons may be classified in one of the following three groups: a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country). b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets; provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and c) Those who have no recognizable legal right or claim to the land they are occupying.” Eligibility criteria also establish the range of impacts directly attributable to the project. OP 4.12 also specifies the general measures required for specific impacts or the entitlement packages including support after displacement and development assistance in addition to compensation measures, if incomes have been affected (para. 6[c]). The rehabilitation measures to be provided are: Cash compensation for houses and other structures at replacement cost of materials and labor without deduction for depreciation or salvageable materials. Full title to replacement agricultural land for land of an equal productive capacity acceptable to the PAP. Full title to replacement residential and commercial land of equal size acceptable to the PAP or at the informed decision of the PAP, cash for replacement land at replacement cost at current market value. Cash compensation for crops and trees at current market value and Relocation allowances and rehabilitation assistance. Sufficient time will be allowed for replacement structures to be built before construction begins. Temporarily affected land from the construction of access routes or earth-moving activities will be restored to pre-project condition. The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place and all encumbrances removed before the respective Governments and World Bank will approve commencement of civil works for that contract area. Existing cultural and religious practices shall be respected and to the maximum extent preserved. Adequate budget support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. Special measures shall be incorporated in the RAP and complementary mitigation and enhancement activities to protect socially and economically vulnerable groups such as women- headed families, children and elderly people without support structures and people living in extreme poverty. Grievance procedures shall be established and put in place and PAPs needs to be informed of them before any resettlement activities begin. Details of the RAP shall be distributed to the PAPs by the Client and placed in relevant stakeholder offices for the reference of PAPs as well any interested groups. Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system and an external monitor hired before commencement of any resettlement activities. 4.15.2 Inclusive and Informed Consultation OP 4.12 specifies, as policy objective, that “displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs” (para. 2[b]). The OP also provides the additional guidance that “displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups” (para. 13[a]). Adequate community engagement often demands the inclusion of vulnerable and marginalized groups. Therefore, consultations require specific expertise to tackle issues such as gender dynamics, language barriers and cultural sensitivities. By ensuring communities‟ participation, the Daewoo E&C Co.ltd Page 25
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Bank can reap the many benefits of improved citizen engagement and hence achieve sustainable, inclusive and widely supported development outcomes.
In the next table comparisons of the National Legal Provisions with that of the World Bank Operational Policies are presented as follows. Where there is a difference between national law and OP 4.12, the higher standard shall prevail: (Table 15)
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Table 15: Comparison of Ethiopian Legislation and World Bank’s Operational Policy Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures Agreed to Address Gaps Policy World bank OP4.12 has overall Proclamation No 455/2005 (Article The World Bank requirement for World Band OP 4.12 overall Objectives policy objectives, requiring that: 3(1)) gives power to Woreda or avoidance or minimization of objectives shall be applied to Involuntary resettlement should be urban administrations to involuntary resettlement is not written avoiding or minimizing avoided wherever possible, or “expropriate rural or urban into Ethiopian legislation. involuntary resettlement to minimized, exploring all landholdings for public purpose Proclamation No 455/2005 does not ensure resettlement program is alternatives. where it believes that it should be indicate consultation with displaced sustainable and includes Resettlement program should be used for a better persons throughout the resettlement meaningful consultation. sustainable, include meaningful development…”This is supported process, rather only allows for a consultation with affected parties by Article 51(5) and Article 40(8) of complaints and grievance process. and provide benefits to the affected the 1995 Constitution. Although Proclamation No 455/2005 parties Proclamation No 455/2005 (Article allows for some form of support to the Displaced persons should be 7(5) states that” the cost of displaced persons, it does not assisted in improving livelihoods etc removal, transportation and explicitly state that livelihoods should or at least restoring them to erection shall be paid as be restored to previous levels or previous levels compensation for a property that improved. could be relocated and continue to serves as before.” Notification Article 10 of World Bank OP4.12 Article 4 of Proclamation No There is a gap in Proclamation No Displaced person should period /timing requires that the resettlement 455/2005 requires notification in 455/2005 to allow land to be always be paid compensation of activities associated with a sub - writing, with details of timing and expropriated before necessary and support before the land is displacement projects are linked to the compensation, which cannot be measures for resettlement take place, handed over, as per World implementation of development less than 90 days from notification. particularly before the displaced Bank OP4.12. program to ensure displacement or It requires that land should be person has been paid. This can have restriction of access does not occur handed over within 90 days of serious consequences for those before necessary measures for payment of compensation affected, as they may be displaced resettlement are in place. In payments. If there is no crop or without shelter or livelihood. particular, taking of land and related other property on the land, it must assets may take place only after be handed over within 30 days of compensation has been paid and notice of expropriation. It further where applicable, resettlement sites gives power to seize the land and moving allowances have been through police force should the provided to displaced persons. landholder be unwilling to hand over the land
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures Agreed to Address Gaps Eligibility for World Bank OP4.12 gives eligibility Proclamation No 455/2005, Article According to World Bank OP4.12, The requirements of World Compensation to: 7(1) allows‟ landholders‟ to be eligibility for compensation is granted Bank OP4.12, as described in Those who have formal legal rights eligible for compensation, where to “affected parties". Ethiopian Column 1 of this table, to the land; the term “landholder” (Article2(3) Legislation only grants compensation expected to be applied, Those who do not have formal legal means” and individual, government to those with lawful possession of the rights to land, but have a claim to or private organization or any other land, and as per Proclamation No such land; and organ which has legal personality 456, those with traditional possession Those who do not have and have lawful possession over i.e. Communal lands. It therefore recognizable legal right or claim to the land to be expropriated and does not recognize those without a the land owns property situated thereon” legal right or claim as eligible for compensation.
Compensation World Bank OP4.12 Article 6(a) Article 7 of Proclamation No. The World Bank requirement for The World Bank requirements requires that displaced persons are 455/2005 entitles the landholder to compensation and valuation of assets for compensation must be provided with prompt and effective compensation for the property on it that compensation and relocation followed, as per OP4.12 compensation at full replacement the land on the basis of must result in the affected person footnote 1, which states, cost for losses of assets attributable replacement cost; and permanent must have property and a livelihood “Where domestic law does not directly to the project. If physical improvements to the land, equal to returned to them to at least equivalent meet the standard of relocation is an impact, displaced the value of capital and labour standards as before. This is not compensation at full persons must be provided with expended. clearly stated in local Proclamations. replacement cost, assistance during relocation and It is expected that the regulations and compensation under domestic residential housing, housing sites Where property is on urban land, directives will provide more clarity and law is supplemented by and /or agricultural sites to at least compensation may not be less clearer guidance in this regard. additional measures necessary equivalent standards as the than constructing a single room to meet the replacement cost previous site. Replacement cost low cost house as per the region in standard” does not take depreciation into which it is located. It also requires account. In term of valuing assets. If that the cost of removal, the residual of the asset being transportation and erection will be taken is not economically viable, paid as compensation for a relocated property continuing its service as before. Valuation formula are provided in Regulation No. 135/2007 Responsibiliti According to OP4.12, Article 14 and Article 5 of Proclamation No The process required for the project As per the World Bank es of the 18), the borrower is responsible for 455/2005 sets out the proponent / implementing agency requirements, project project conducting a census and preparing, responsibilities of the implementing lacks descriptive processes in local processes included screening, proponent implementing, and monitoring the agency, requiring them to gather legislations... a census, the development of a appropriate resettlement data on the land needed and plan, management of
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures Agreed to Address Gaps instrument. Article 24 states that the works, and to send this to the compensation payments and borrower is also responsible for appropriate officials for permission. monitoring and evaluation of adequate monitoring and evaluation If also requires them to pay success. It must also include of the activities set forth in the compensation to affected proper consultation with the resettlement instrument. In addition, landholders. affected parties throughout the upon completion of the project, the process. borrower must undertake an assessment to determine whether the objectives of the resettlement instrument have been achieved. This must all be done according to the requirements of OP4.12. Article 19 requires that the borrower inform potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. Cut-off date To avoid speculative or Under Ethiopian proclamation The Ethiopian legislation apart from World Band OP 4.12 and AFDB opportunistic behaviour by local No.455/2005, article 4, the notification to owners on expropriation policy requirements for people and to manage in-migration notification of expropriation orders of properties it didn‟t mention for the establishing a firm cut-off date or illegal encroachment, the Bank is indicated. According to this need of establishing a cut-off date for for completion of census and Policy adheres for the article, the woreda or an urban undertaking census survey of the assets inventory shall be establishment of an official firm Cut- administration who supposed to properties affected by the proposed applied. off Date for an inventory of houses, expropriate the landholdings shall project. other buildings and all assets notify the land holder written should be undertaken after which notification stating the time, land no additional structures or other under expropriation and the assets become eligible for amount of compensation to be compensation or any other forms of made in return. Moreover, under resettlement assistance. (Para. 16). article 4 (3), it is stated that the landholder should give the land to the appropriate organs within 90 days after the notifications.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures Agreed to Address Gaps Public WB OP 4.12 requires public The FDRE Constitution provides to Despite the differences identified, the The -World Band OP 4.12 and consultation consultation with project-affected the people of Ethiopia the right to practice has been that where a AFDB policy requirements and and persons, host communities and be consulted with respect to mitigation plan affects local procedures for conducting disclosure of local NGOs, as appropriate in order policies and projects affecting their communities, proceedings are inclusive and meaningful public information to provide them opportunities to communities conducted in the local language. This consultations and disclosure of participate in the planning, Besides, according to ERA‟s is significant considering the timely information to the implementation, and monitoring of revised Resettlement/ composition of those most likely to be affected persons and other the resettlement program, Rehabilitation Policy Framework excluded under Ethiopian legislative stakeholders shall be applied. especially in the process of (2006), Project Affected Persons and constitutional protection for developing and implementing the (PAPs) should be consulted and involuntary resettlement (i.e., procedures for determining eligibility compensated in relation to squatters). for compensation benefits and resettlement / relocation, and for development assistance (as loss of assets and documented in a resettlement plan), properties that are affected due to and for establishing appropriate and the construction of road projects. accessible grievance mechanisms. Accessible OP 4.12 requires that the Proc no 455/2005 has provision on OP 4.12 emphases accessibility and Grievances is not only about GRM resettlement plan include grievances (Part Three ,Art 11) in appropriateness of the GRM compensation and “affordable and accessible which the need for handling mechanism to facilitate easy resettlement, other project procedures for third-party grievances through administrative redressing in line with local context. related grievances (such as settlement of disputes arising from arrangements and formal courts. Pocl 455/2005 emphasis the complaints on access denial, resettlement; such grievance Here grievance on compensation grievance mainly in relation to the drainage, etc ) need to be mechanisms should take into mainly emphasized process of expropriation of land and addressed through the account the availability of judicial compensation amount for PAPs. established GRM. recourse and community and traditional dispute settlement mechanisms” (para. 17). The importance of accessibility and appropriateness of the mechanism (tailored to local context) is quite emphasized. NB: In case of conflict between Ethiopian legislation and OP 4.12, the latter will prevail.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
5 Institutional and Administrative Framework
This section discusses on the implementation procedures, role and responsibility of organizations, and institutions that are responsible in the implementation of this updated RAP document at Federal and Regional Government and also at grass root level.
The Ethiopian Roads Authority (ERA) is the main responsible body for initiating the preparation of this updated RAP document, execution of the compensation payment as per the Federal Government Proclamation 455/2005 and Council of Ministers Regulation No. 351/2007; and ERA‟s Resettlement/Rehabilitation Policy Framework (RPF). In ERA, the Social Management Team (SMT) is directly responsible for the review, monitoring of Resettlement Action Plans. SMT is also responsible and is in charge for the identification of adverse social impacts and for monitoring the implementation of its mitigation measures. Express Way Contract Administration will be responsible for the implementation and payment of compensation.
At Federal level, different Ministries and agencies play coordination and facilitation function towards the project implementation. Similarly, at Regional Government level different Bureaus play coordination and facilitation role in ensuring that PAPs are treated as per the proclamations.
The woreda administration is the main administrative body that is endowed with the power to oversee the implementation of this updated RAP activities and which has the face to face contact with the community and PAPs. At Woreda level; the woreda Administration Offices, woreda Agriculture and Rural Development Offices, Municipalities of those towns located along the project road and Kebele administrations (Rural and Urban); and Clan and Religious leaders will play very important role in the implementation of the RAP.
ERA in consultation with the Ministry of Transport (MoT), and Ministry of Finance and Economic Development (MoFED) shall carry out the coordination work among the different actors at Federal level; and the jurisdiction between the different donor agencies shall be mainly the responsibility of MoFED and MoT.
Expressway Contract Administration will have a major role in the coordination of the project planning, procurement and implementation.
At Regional Government level, the Regional Bureau of Land and Environment Protection will play a monitoring role while Woreda administration offices will play key role in the facilitation and implementation of the this updated RAP by established Resettlement / Implementation Committees and Property valuation committees, by providing land for relocation, coordinating compensation payments, addressing grievances and related issues.
In addition to Government institutions, Representatives of PAPs will have important role to play in the planning and implementation of the project. PAPs will elect their representatives who will represent them in meetings and discussions to be held with the woreda administration, valuation committee, and resettlement/implementation committee and with the ROW Agent from ERA‟s Express Way Contract Administration.
5.1. Federal Level Institutions 5.1.1 Ethiopian Roads Authority (ERA)
The Ethiopian Roads Authority (ERA) is an autonomous Federal Government office and is accountable to the Ministry of Transport. It is re-established for the second time by the
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 council of Minister‟s regulation No. 247/2011. ERA is managed by a Board whose members are assigned by the Government and its day to day management is carried out by a Director General that is assigned by the Government.
The objectives for its reestablishment are to develop and administer roads, create conducive conditions for the coordinated development of road networks; and ensure the maintenance of standards in road construction.
The construction of roads requires land acquisition and expropriation for the ROW, Access road construction, Campsites, Quarry sites; borrow pit and other similar activities. According to the reestablishment of proclamation of ERA; it is responsible for the preparation of RAP for road projects and to initiate land acquisition and expropriation. As stated in its powers and duties ERA is responsible for the following activities that are directly related to land acquisition and many others.
Prepare or cause the preparation of designs and feasibility, environmental and other related studies required for road works; determining the extent of land required for its activities in the adjacency of roads; cause the use of, free of charge, land and quarry substances required for the purpose of road works, camp, offices, storage of equipment and other related services; acquire land required for road works by paying compensation for land possessors and property owners in accordance with the law; To take necessary measures to protect the environment whenever road works are undertaken.
Following its reestablishment, ERA has now become a regulatory body which has a number of regional offices. Its previous, organizational setup is restructured and the own force account has become an independent public enterprise agency.
5.1.2 ERA's Social Management Team (SMT)
ERA has established Social Management Team (SMT) within the Planning and Program Management Directorate to address social issues arising from the road development program. The main responsibilities of the unit will include: . Advising senior management and assisting in the decision-making process on all road sector social issues; . Ensuring that social issues are adequately addressed in connection with the activities of all ERA departments and divisions; . Carrying out or supervising SIAs and RAPs for road sector projects.
5.1.3 Right-of-Way Management Teams (ROWMT)
Following ERA's restructuring which took place in 2010 five Right-of-Way Management Teams, have been organized under each Regional Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). This team is also responsible to identify and register all the PAPs and measure all affected properties and assets and also estimate its costs in liaison with the respective Woreda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed the ROW agent will review and send ERA‟s express way and special project Contract Management Directorate to effect the payment.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 5.1.4 ERA's Legal Affairs Service Directorate
The Legal Affairs Service Directorate is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the Directorate consist of drafting, reviewing, analysing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the Directorate. The Directorate develops and implements strategies for claims and dispute resolutions which serve as inputs to the Express Way Contract Administration and regional legal advocates. 5.1.5 Express way and Special Projects Contract Administration Directorate
The directorate is accountable to the Deputy Director General for Construction Department of ERA. It is established with the mandate of contract administration of the expressway and special projects of the country. Responsibilities of institutions/stakeholders at Federal Government level that will have role during Planning and implementation of the RAP Organizations No. Responsibility Responsible 1 Ministry of Transport Provide overall policy guidelines and coordination at Ministerial level and also provide adequate governance and management 2 Ministry of Finance and Approval and signing of credit with World Bank. Economic Development Release and approval of fund for compensation 3 Ministry of Federal Follow up and ensure that the required financial supports are provided to Affairs PAPs as per the proclamation 455/2005 Prepare national valuation formula for the determination of compensation 4 Ethiopian Roads Overall Management and Budget Allocation for the project Authority implementation; Coordinate with Federal and Regional Authorities in the planning and implementation of the project 5 Ministry of Environment Appraisal and monitoring of the RAP and Forest 6 ERA‟s Express Way Re-establish Resettlement and Valuation committees at woreda level; Contract Administration Responsible for the implementation of this updated Resettlement Action Plan; Effect compensation payment for PAPs; Income restoration Provide support for Vulnerable groups; Monitor the restoration of public services / utilities affected by the construction works, such as, water supply, etc 7 ERA‟s Social Monitor and Evaluate the implementation of the RAP Management Team Provide technical support for the project office in training, and related activities etc. 5.2 Regional Government Level
According to FDRE Constitution, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions. This responsibility mostly applied in Woreda (or district) administrations. Each Woreda administration is governed by its own elected council. The Woreda council is more or less similar to that of the Federal & Regional Parliament in its structure; and appoints the executive committee which is responsible to run the day today activities of the Woreda.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 At Regional level, it is the Woreda administration offices that are located along the project road corridor that will have a major role and responsibility in the planning & implementation of the resettlement activities in their respective localities. The Woreda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA‟s Express Way Contract Administration. 5.2.1 Oromia Regional State
Since this road project is fully located inside Oromia region, the regional state has an important and significant role to play in the implementation of this RAP by giving guidance and in coordinating the Administrative zones and woredas crossed by the project road. According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions.
Hence, the ORNS is the major stakeholder in the coordination and implementation of this RAP and other associated activities.
5.2.2 Woreda Administration
Woreda administration offices that are located along the project road corridor will have a major role and responsibility in the planning and implementation of the resettlement activities in their respective localities. The woreda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The woreda will be responsible in establishing Resettlement and Implementation Committee and the Property valuation committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land for land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land.
Woreda level sectoral offices such as, agriculture, environment, justice and water will play important roles in the implementation of this updated RAP in participating in compensation, property valuation and grievance committees.
5.2.3 Woreda Level Committee Structures 5.2.3.1 Resettlement Implementation Committee The resettlement committee members are elected by and composed exclusively from the community with the objective of playing the role of bridging between the project and the PAPs. Basically, the resettlement committee members are represented from the PAPs, non-PAPs residences, local leaders, women and religious leaders, as appropriate. As community representatives, they closely observe every activity by the committees, task forces, ERA and Woreda as well as Town administrations and consult each party to contribute for amicable relations and smooth implementation of the project activities. 5.2.3.2 Property Valuation Committee Whereas, the respective Woredas has established the Asset Valuation Committee /AVC/ based on the Proclamation No. 455/05, article 10 and regional directives. The committee composed of five members of whom 3 experts or members represented from the Woreda administration, Municipality and Agricultural offices, as well as 2 representatives from the community. ERA‟s ROW agent actively participate during the assets valuation processes as facilitator or non-signing member.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 5.2.3.3 Grievance Redressing Committee In consultation with the community, the project in collaboration with the respective Woreda (Dugda, and Adamitulu) and BatuTown Administration has established grievance redressing committee with mix of representation from the local administration, local community and PAPs. Among administration representation, the office of women and children affairs has been deliberately included in order to address the issues related gender-based violence /GBV/. The GRC plays the leading role in receiving, investigating, processing, resolving and documenting the grievances presented at its jurisdiction. Receive complaints or any concerns from individuals or the community. 5.2.4 Kebele Administration
Kebele administration units are the smallest unit of administration in Ethiopia and that has its own elected council and executive body. Kebele administration provides advice on the fairness in relocation process and valuation of compensation and coordinates on the support to be made for vulnerable groups. They work closely woreda resettlement/compensation committee and property valuation committee. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs.
5.2.5 Clan, religious leaders and influential persons
Clan and other religion and influential people will have immense contribution and role in the implementation of RAP. They will serve as a bridge between the local administration, PAPs and the community for the smooth implementation of RAP and also the construction of the project road. They will involve in RAP committee and will help the committee to undertake its task peacefully and smoothly during the identification of affected properties. They will also solve grievances raised by the PAPs to the RAP committee in relation to dissatisfaction of less compensation payments. They will also consult and convince the local community on advantage of project road construction, since their sayings are respected and accepted by the community in project influencing areas.
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 Figure: organizational roles and responsibilities channel
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
6 PROJECT ROAD IMPACTS The construction of the project road is expected to improve the socio economic situation, and bring important changes in the livelihood of the populations that are crossed by the project road. It is anticipated that the project road could also contribute its part to the growth and development of trade, marketing network & systems, improvement of crop and livestock production in the country.
The potential positive impacts of the project road include opening up of market opportunities for local farmers, provide access to improved and better social service facilities, improved communication, growth and development of eco-tourism, increase in the supply of agricultural inputs, create investment and employment opportunities, contribute to income generating activities, and improve the opportunities for women by creating access to transport and other facilities. It will facilitate the, economic social and cultural ties in the project influencing areas.
The potential negative social impacts includes; involuntary resettlement if any, loss of houses (residential), loss of business and income, community severance and risk for vulnerable groups, loss of productive resources, loss of strip of farming land and Loss of different trees like acacia trees. Housing structures and fences which are located in the alignment of the road. The demolished houses will include mostly wood and mud walls with corrugated iron sheet roofs and Tukuls (huts) covered with grass roofs.
6.1 Positive/Beneficial Impacts and Enhancement Measures
6.1.1 Impact on economy
The project area towns Meki, Zeway and other small villages located adjacent to the project road have huge livestock resource potential and crop production the implementation of the road project will bring significant improvements in the socio- economic situation of the rural community resided along the road corridor and urban dwellers found on the above towns. This is directly related with the ease access to market. Access to social services would also be possible both in terms of availability, accessibility and cost wise. Arranging these ease accessibility the contractor in coordination and discussion with the local administrators will do it.
Measure of Reinforcement Maintaining the public access roads for public transportation for the community for transportation and vehicles which will use for commercial commodities and livestock products. The contractor is responsible. Establish different market centres and marketing networks at Kebele and Woreda level to create favourable condition for the local community to sell its products on time and with fair price. Local administrators are responsible. Timely and proper maintenance for the new road in order to give better and reliable transportation service for the local community. The contractor is responsible.
6.1.2 Employment opportunities for local communities
The construction of the project road is employed a total of 906 local workers among them 94 are skilled and 558 are semi-skilled and 254 unskilled workers. The youth and women residing in the project area benefited from the employment opportunities created due to the construction of the road, a total of 61 women in the project area got job opportunity in
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 different unskilled position like daily labourer store keeper, cleaner, office secretary. It can be assumed that this will be a significant contribution to the reduction of poverty at the household level since income obtained from employment can contribute to reduce the prevailing poverty of the project area.
Measures of Reinforcement
The contractor will employ large proportion of casual and semi-skilled workers and also be able to transfer skills and knowledge to his workforce. In the contractual document a clause should be added to ensure the employment of casual and semi-skilled workers has to be made from the people in the project area. Ensure women‟s employment and improve their employment opportunities and working conditions. Develop guidelines and regulations to ensure that women receive equal employment opportunities. The contractor will strictly observe the Labour code of the country for employment, minimum wage, work safety regulations, and related issues; and will also allow the work force to establish its union as per the law. ERA and local authorities will aware and encourage the contractor implements the labour code and other policies and guidelines and standards of the country are respected. 6.1.3 Creation of Income Generating Activities
Creation of income generating activities is one of the positive impacts of the construction of the project road to the local community. There could be income opportunities to be created to residents in the project area during construction works. New businesses such as, shops, catering services (or small bars and restaurants) located along the project road and near construction camps, etc. could earn additional income due to the presence of large numbers construction workers. The road operation will also provide opportunity to establishment of services like shops, hotels small businesses etc. creating income generating activities which improve people‟s livelihood.
Measures of Reinforcement
Make available micro credit services for small entrepreneurs and in particular for women entrepreneurs who wish to start small income generating activities specially affected by the road project construction. Provide better parking facilities for taxis, buses and freight transport Facilitate the provision of credit facilities for small scale farmers to allow them increase their production specially affected by the project road construction.
6.1.4 Access and Opportunity to Women
Women consulted during site visit indicated the significant benefit that can be brought by the project road through improvement of access to visit existing facilities along the route, and also support accessing better facilities outside. The positive impacts of the construction of the project road on women could be observed by creating employment opportunities in the road construction work. Women in road projects could work in different activities (daily labourers, time keepers, store keepers etc) during the project construction period. Women can also be benefited through establishing catering services, coffee and tea shops, kiosks and bars etc. Such type of income generating activities could increase their income with better and safer stopping places for cars, trucks and buses when the traffic along the highway road improves through time. Measures of Reinforcement
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Provide special privilege for the girl children that would encourage them to attend schools. Contractors will create employment opportunities for women in general and give priority for female headed households in particular. Women workers will be assigned in those jobs which are fit to their biological and physical conditions. Employ women in less risky jobs, and provide training for women in the different skills so as get income & support their family livelihood. The contractor will be aware of the regulations and principles set in the FDRE Constitution and Labour code concerning the rights of women workers. Provide access for credit, education, health, and etc., to women. 6.2 Negative/adverse impacts and proposed mitigation measures
6.2.1 Impacts on Housing Structures and Fences The land requirement for the road construction works may entail relocation of some residential houses and fences within the RoW of the project road. The relocation will be mainly for PAPs who may lose their houses fully by paying compensation for the houses lost. (i) Affected Houses and Fences on main, link and access roads The project would affect 200 housing units (5129.60 square meters). Out of the total affected houses 75 are Tukuls (1443.81sqm) followed by, 21 houses constructed from Mud brick Wall and covered with Corrugated Iron Sheet Roof (462sqm), 6 house made of Hollow Cement Bock (224sqm) and 98 made of Mud+wood wall with CIS roof (2999.79sqm). In addition households will lose 19348.68 meter of fence constructed with wooden, CIS, Wooden+CIS, Hallow Block, Stone masonry and vegetation will be affected by the project road with average price ETB 450 for all types of fences in M, M2 and M3. Table 16: Affected Houses by construction material
Area of affected house in square No. Type of affected house No. meter 1. Mud+Wood wall and CIS roof 98 2999.79 2. Tukul 75 1443.81 3. Hallow Concrete Block+CIS roof 6 224 4. Mud brick wall +CIS roof 21 462 Total 200 5129.60 The affected houses are estimated on the basis of the unit cost on the basis of the current market price for compensation provided by woreda Administration. The following table presents the average unit costs applied for estimating the budget of reconstructing the affected houses and fences. (ii) Affected houses by use and HHH: - A total of 100 houses on the main road are residential houses and 4 are kitchen.100 HHH will lose their residential houses on the main road out of this 10 are FHH. A total of 24 houses on the link road are business houses and 14 houses are residential, the rest 2 are office and toilet. 19 HHH will lose their business on the link roads following the demolishing of their houses. There are 54 residential houses that will be demolished for the purpose of access roads. Mitigation Measures When households are displaced due to the construction of the project road works, appropriate compensation and rehabilitation measures will be provided for their lost assets and incomes as presented in this RAP. During the establishment of compensation committees at Woreda level PAPs should also be represented by electing their Daewoo E&C Co.ltd Page 39
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 representatives. PAPs that will lose their houses should be compensated to be relocating themselves. As a result, compensation payment has been estimated for affected houses and fences, based on the principle of replacement cost as shown in the table 17 below. For those PAPs whose business houses are affected due to the project work, compensation sufficient to restore the lost businesses will be provided based on the principle of replacement cost and they will also be provided with job opportunities in the project work. The local coordinators will identify PAPs who lost their business and the job opportunity in the project compatible with the level of their literacy. In addition to this by having discussion with local administrators those who were highly affected will get job opportunity from the side of the contractor. For those who lost their business houses also compensated based on “Replacement cost” which is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs (as stated in OP 4.12.) Table 17: Unit Cost of Replacement No Description ETB 1 Mud and wooden Wall + Corrugated Sheet / m2 645 2 Tukul / m2 611.9 3 HCB / m2 1,500 4 Mud brick wall +CIS roof 700 5 Average price for all types of Fence /m+m2+M3 450 6 Average price for all types of affected trees 516 Note: - The unit rate for different affected properties is collected from ERA express road directorate on 2nd of May 2018. The total budget of estimated ETB 3,477,731.89 has to be allocated for compensating the affected houses. In particular ETB 1,934,864.55will be allotted for Mud+wood Wall Houses with Corrugated Sheet Roof; ETB 883,467.339for Tukul; ETB 323,400.00 for houses made of Mud Brick wall; ETB 336,000.00 for Hollow Cement Block (HCB) houses and ETB 8,706,906.00 for a total length of 19348.68 m+ m2+m3 of all types of fences indicated above. 6.2.2 Impact on Agricultural Land Impact on agricultural land is related to land acquisition/land take (permanent/temporary) by the various road construction and ancillary work development. Permanent land take and associated impact on agriculture land occur mainly due to land acquisition for the construction of the highway road, and installing the various road structures. Temporary loss of land result due to construction of detour, access, construction of camp sites, storage sites, asphalt plants, spoil dumping sites, etc Land that has been lost temporarily for such activities during the project construction period would be degraded and compacted, and will become unsuitable for agriculture purpose right after. Such land expected to take some time before the soil gets back its fertility and the land is used for agricultural purpose. Table 18: Size of affected farm land NO AFFECTED LAND Total in ha
1 Main road 397.48 2 Link road 2 3 Access road 32.9 4 Borrow pit 68.2 5 Camp site 11.8 Total 512.38
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The findings of the field survey and inventory of affected farmlands shows a total of 512.38 ha of farm land will be affected following the land acquisition for the construction work of main, access and link roads, borrow pits and campsite. Among this 379.48 ha of strips of annual farm land for the main high way road within 90 m RoW. Affected farm land distribution on main high way road shows, 24.7 ha for Maize, 257.8 ha for Teff and 97 ha for wheat. 32.9 ha for access, 68.2 ha for borrow pits,11.81ha for campsite and 2ha for link roads farm lands. A total of 920 farm land owners will be affected by the road project. Out of this number 27 households are affected by the camp site. No one is displaced by the project following the land use for quarry site. Following this compensation is not also paid for quarry site. Among these farmers 524 are in Dugda and 396 are in Adami Tulu woredas. Total HHH who will lose their farm plots by the construction of the link roads are 33. Annex 10 shows the total area of farm land used for different construction sites on section two of the project road.
Mitigation Measures
Compensate farmers for loss of crops (perennial or annual), trees as per the Federal legislation (Proclamation 455/2005) based on replacement prices; Resettlement Action Plan to be prepared as per the land acquisition plan in the detail design; Consult and involve PAPs and the community at large to devise means of compensating and estimation of losses; Allow enough time for PAPs to remove their crops (perennial or annual) and trees‟ Give priority in the employment of casual workers for household members of PAPs that have lost their land for the road construction works; Locate camp sites, storage sites, spoil dumping sites, etc on degraded & less productive land, avoid sitting in productive agriculture land as much as possible;
On the completion of the work clean properly and restore the temporarily occupied land, support losing compacted land by machinery; As part of the mitigation measure, compensation cost for project affected farm land on the main high way road is estimated by multiplying average productivity, average price, and total affected farm land (379.5) and 10 years compensation period which is permanently paid. Table 19 below shows the total compensation cost on main high way road based on the above calculation.
Table 19: Total compensation cost for affected farm land on main high way road Description Total hectare Productivity Unit price Displacement Total price ql/ha Birr/ql Year Farm land 379.5 46.5 999.35 10 176,352,796.00
Impact of the Project on Trees A total number of 6,167 different type of permanent trees will be affected by the project main, access and link road The major tree that will be affected in the project area is acacia tree with a total number of 5838 followed by Eucaliyptus,99, “Bedeno”,28, Truman tree, 90,”Kurkura,12,Nim, 51,Moringa 20, ”Tid “13 ,”Woyra”,7,”Shola”,2 ,Avocado 2,Mango 10,”Bisana”,2 and “Gerbi” ,2,Wanza 3. The average price for all the affected trees is Birr 516. The total price of all types of affected trees is estimated to be ETB 3,182,172.00. Impact on grazing land
The final data collected from ERA express road directorate shows 1.086 ha on the main road, 0.415 ha on access road and 6.5 ha access to borrow pits and for borrow pits purpose with a total of 9 ha of grazing land is affected by the road project. A total ETB 1,301,774.375 compensation payment is executed based on permanent base.
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Table: Summary Table of identified impacts by category and number of PAPs in each category. Affected Farmland Affected GL Affected houses and No of HHs Affected fences and No. of HHs and HHs Project Grazing No No components No of No of Other No of Farmland No of Fences Residential Business land of of HHs HHs types HHs (Hectare) HHs in meter (Hectare) HHs HHs 1 Main Road 100 100 0 0 4 4 379.48 801 1.08 2 Link Road 14 14 24 19 2 2 2.15 38 3 Access Road 54 54 0 0 0 0 32.9 258 6.915 Crusher and 4 0 0 0 0 0 0 6.693 18,750.00 96 Asphalt road 5 Quarry sites 0 0 0 0 0 0 14.293 2 6 Borrow pits 0 0 0 0 0 0 129.38 187 7 Camp sites 0 0 0 0 0 0 11.8 27
6.2.3 Impact on health (public and construction employees) There are a number of potential health problems that may occur during road construction works. The health problems vary from minor health problems to the more serious injuries. The main construction works and impact on public health are related operation of construction machineries leading to noise & vibration, pollution of water points. Noise and vibration result from construction activities in general but particularly from operation of heavy machinery. Other operations generating significant noise include concrete mixing plants, blasting in areas of rock excavation and stone crushing. Sustained noise levels during construction are expected to be much higher than the ambient noise level in the project area. There could be potential health risk of the local community from pollution of water points (water harvesting ponds) due to contamination of different types of chemicals, oils from vehicles and machineries are discharged to water points, especially to traditional water harvesting ponds & hand dug wells. .
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Mitigation Measures
Locate quarry sites in faraway places from villages/settlements, restrict construction activities producing nuisance noise level during rest hours and during night time Sprinkle water to access and pavement road especially in settlement locality so as to minimize dust level generated by construction vehicles traffic, and reduce associated effect on people health. Construction employee health and safety can be ensured by implementation and enforcement of occupational health and safety measures including among others: o Provide safety measures and create awareness and provide training of the workforce on the use of safety measures. o Provide protective clothing for the workforce. o Avail adequate first aid facilities for emergency,
6.2.4 Spread of Malaria and Other Water Borne Vectors
Malaria is common in the lowland areas with altitude below 2000masl, and all part of the project road situated bellow this malaria threshold elevation which is favourable for the spread of malaria. It is clear that quarry sites and borrow pits are good sources for the breeding of malaria and other water borne diseases. Moreover, if quarry sites and borrow pits are left unfilled after construction works, there is a very high potential for accident and injury on livestock and wild animals of the area.
Mitigation Measures
Undertake prevention measures by avoiding stagnant water during construction, through draining and filling, and disturbance of habitat. Material sites (borrow/quarry) will be located in places far from villages/settlements, crop and livestock keeping areas. Once construction works are completed in the area; borrow pits will be filled up to stop stagnant waters from becoming breeding places for vectors and to avoid accident on animals.
6.2.5 Exposure to HIV/AIDS and Sexually Transmitted Diseases
Road construction and other similar type of project workers are considered as having high potential (good vectors for the spread of sexually transmitted diseases (STDs) and HIV/AIDS virus due to their mobility. This is partly because construction workers are mostly young and sexually active group of the population, and are also forced to live in working camps. This will attract sex workers and bar owners to come to the nearby towns to camp sites and start such businesses. Hence, the increase in the number of sex workers and alcoholism are believed to contribute to the spread STD and HIV/AIDS. Impacts from the construction camps will be severe if camps are built close to the local settlement areas. The impact from the construction camps that are constructed close to settlement areas may contribute more to the spread of communicable diseases such as STD and HIV/AIDS.
The introduction of new cultures and behaviours may contribute to the spread of communicable diseases such STD and HIV/ AIDS. Similarly, other unwanted experiences such as the coming of sex workers to the project area from major towns and cities will contribute to the increase in the number of sex workers, alcoholism and crime.
Mitigation Measures
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Design and implement measures to prevent potential increase of HIV/AIDS and STD including:- o Design awareness creation of projects/programs to address the problem and spread of HIV/AIDS among project workers and local communities; o Provide education for local communities regarding the spread of HIV/AIDs and STDs in public places, schools, and through community clubs and groups; o Work closely local health service giving institutions to control the spread of STD and HIV/AIDS; o Carry out voluntary testing, o Provide care and support for HIV affected and effected groups, free distribution of condoms both male and female type; o Produce leaflets and road side posters to increase awareness of local community and construction employees on prevention of STD and HIV/AIDS.
6.2.6 Impacts on traffic safety and accidents In Ethiopia, road accidents are recorded to be among the highest in the world, and this is associated to poor road conditions, lack of road signs, lack of awareness on road safety by pedestrian and motorists. At present road accident is not an issue since the vehicular traffic is very low. Awareness level & knowledge on road safety amongst local people & children in the project road area is very low. With the asphalt road operation, the vehicular traffic & speed expected to be increased which will result in potential road accident risk to people & livestock. Especially on market days the risks of accidents between pedestrians and passing cars (trucks) could be high. Road side business and markets would lead to higher risk of accidents due to cars stopping at those points.
Mitigation Measures To avoid and control potential problems in the operation of the road, maximum attention has to be paid to an adequate road and traffic safety. Carry out road and safety signs to avoid causing fatalities, injuries and death to the community through increased traffic accidents. Consider speed control structures especially in major settlement centres traversed by the road alignment. In places where there is high fill provide crossing structures and ramps for pedestrians and animals, which will allow access to villages, farms, grazing and water points.
6.2.7 Pressure on local health and water facilities The health facilities which are located in the Woredas along project road lack the required number of medical staff, equipment, drug and related services. This being the picture about the local health facilities, the presence of additional population in the area, i.e., the construction workers, will put pressure on local health facilities. Such type of pressure could reduce the effectiveness of the health services as far as the local populations are concerned. There is perennial and seasonal river water source along the highway road route as a result the public and livestock face a major problem of water, and people use water harvested in traditional and modern ponds during dry season. Competition from this community water sources for the road construction will lead to a major conflict.
Mitigation Measures The contractor have to establish his own well equipped clinic and provide health service to the construction workforce including Ambulance services;
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The contractor‟s clinic has to work closely with local government health services; The contractor shall establish his own water supply source for its work force either through drilling ground water sources or constructing water harvesting ponds.
6.2.8 Impact on Public Utilities
Since the new highway road design passes in rural sections of the project, there are no major public utilities that will be affected or demolished during the construction period. However if some wooden and concrete electricity and telephone lines poles faced during construction period, compensation will be paid by ERA to Ethiopian Electric Utility and Ethio-telecom and the respected government office will relocate the structures prior to the commencement of the construction work.
Electricity and Tele Poles Affected by the Project
The project road will require the relocation of 142 electricity poles and 25 telephone poles with a total of 167 poles located on main, link and access roads. The head office of the Ethiopian Electric Utility and Ethio-telecom were requested to provide the amount for the relocation of the system. According to the authorities, the counting of the affected poles is not an adequate method for calculating the magnitude of total losses estimation since it requires on site evaluation by their experts. However, based on experiences from other similar road projects, an average cost of Birr 2500 per pole can be used for preparation of relocation budget estimate. Exact cost assessment shall be done when actual relocation takes place. Based on this, the total budget required for relocating the affected 167 poles will be ETB 417,500.
Impact on Water System and Water Wells
Different type of water lines has been relocated from project road RoW limit. A total of 2545 m different inch pipe line is relocated and re-established for safe distribution of water for project area community.
The project got deep water well on all project affected areas, which had been used as a source of livestock drinking water and for vegetables found in the back yard of one individual.
Mitigation Measures
Before the construction work commences the location (overhead and underground) of utilities have to be identified and its removal has to be discussed in advance with the concerned organization, such as Ethiopian electric utility and local administration, especially Adami Tulu and Dugda Woredas. Provide detail information prior to the commencement of the road construction works to the responsible organizations on the number and specific location where the public utilities will be affected. Provide 3 to 6 months for the responsible organizations to remove the utilities within the RoW and to relocate them outside of the RoW. Discuss with the organizations responsible for the public utilities and reach an agreement on the amount and mode of compensation payment to be made for the affected utilities.
6.2.9 Obstruction to access and crossing
Obstruction to access could occur due to major earth cut along settlement areas, people and livestock face difficulty of access following lack of proper crossing. Furthermore, Daewoo E&C Co.ltd Page 46
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 settlements left at the edge of high fill embankment and/or major earth cut will face problem of safety especially during the road operation phase.
Mitigation Measures
Human and animals under and over pass crossing will be provided on high embankment and fenced areas specially where there is settlement and cattle crossing areas for watering and grazing purposes. The contractor will review its design and provide different crossing whenever the local community demands additional human and animal crossings to avoid further conflict with the community. As much as possible the road design shall avoid major earth cut or high fill embankments in well-established towns and villages;
6.2.10 Impacts on women
The adverse social impacts that will be created due to the construction of the project road shall affect women more than men. Among the social impacts, resettlement/relocation of PAPs may lead to the breakdown of social networks and this has direct impact on women more than men. Women rely and depend on community and social networks for their emotional, family and practical supports. In a community like Oromia women have the lion share in taking care of their children and family.
In road construction works, women always do not receive equal employment opportunities; and the contractors, in most cases, favour to employ men rather than women, and female workers do not obtain particular attention due to their biological and physical condition. Hence, the discrimination against women will negatively affect those women who want to work in the road construction work. In the project road, compensation payments and other related measures made for PAPs shall be done equally for women and men; and it will also take into consideration the interest of women. Women‟s risks to sexually transmitted diseases and unwanted pregnancies may increase due to the influx of the construction workers in the area.
Mitigation Measures
Provide equal employment opportunity for women and men; Awareness creation and educational programs to be organized for women on the spread of STD and HIV/AIDS; Since different social impacts are reflected more on women than men, there is a need for women to be consulted concerning the construction of the project road and also regarding the proposed mitigation measures for the negative impacts; and Local authorities will ensure that women receive equal treatment in the compensation payment and in relocation / rehabilitation measures like that of their male counterparts.
6.2.11 Dust Pollution
Dust pollution is one of the major negative impacts in road construction works. It can cause health problem if taken in large dose to local communities and the contractor‟s workforce as well. It is also a nuisance for pedestrians and businesses in the area.
In town sections, it affects businesses, such as restaurants, bars and shops located along the road. In the rural sections, it affects the growth of crops by affecting their pollination and maturation if it is in large quantity and stays for a longer period.
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Mitigation Measures
The mitigation measure is always to water the road to minimize the dust. The watering has to be done continuously until the dust level is minimized.
6.2.12 Noise pollution
There could be noise and vibration impact due to movement of construction machineries, however the impact is considered minimal/negligible as there are no major settlement, public services and infrastructures in the project area.
Mitigation measures
• Installation of machineries and crushers. • Crushers should not be located close to settlement sites; • Regular and periodic maintenances of vehicles and machineries to reduce noise pollution due to motor exhausts;
6.2.13 Impact on Religious and Cultural Sites There is no major historical or cultural heritage on the RoW of the project road. Grave yards might occur during construction activities. Grave yards have spiritual and cultural ties and values with families of the dead.
Mitigation Measures The contractor has to stop construction activities and report to employer‟s representative, woreda administration and local culture and tourism office within 24 hours whenever it faces such cultural sites to avoid further damage. The contractor has to also aware and pre inform its workers the importance of such sites to avoid unnecessary damage and intervention.
Impact on grave yard
The project main road faced a total of 76 grave yards with a total area of 228.7m3 mainly constructed from stone masonry and different type of graves. These graves are properly uprooted and relocated to the nearby area based on the discussion and agreement reached with woreda, kebele and families of the dead persons
Mitigation Measures Discuss with close relatives on the process of relocation, Cover all the expenses of removal of the grave stones, preparing another burial ground, relocation/reburial and all the religious or cultural ceremonial expenses.
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7 Eligibility Criteria and Entitlements
The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank‟s operational policy and Bank's procedures on Involuntary Resettlement. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders. The census for this updated January 2019 RAP is the one which is used for 2018 RAP conducted from July 12, 2016 to Sep 10, 2016. After the census the cut-off date set in Sep 12/2016. Regarding the dissemination of information about the cut-off date it was through the Woreda officials and stakeholder sectors through home to home move and Consultations time.
All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses permanently at replacement cost.
The cut-off date for compensation eligibility has been set previously at March 10, 2014 and this cut of date is changed to Sep 12/2016 on this updated RAP document. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. Any person who constructs a house or a structure in the right-of-way, link and access roads after the cut-off date will not be eligible to compensation or subsidies. The date has been made public to the people and to the local officials. The Kebeles have also informed the people. Compensation will not be paid for any structures erected or trees planted purely for the purposes of gaining additional compensation after the cut-off date. At all joint meetings with Woreda officials the cut-off date is raised for the Woreda officials to work on avoiding any construction on the main, link and access road after the cut-off date. Woreda officials aware about the cut-off date through meetings they have with the contractor (Annex 4).
Compensation will be paid for public buildings as well as private house owners. Also due compensation will be paid for public utilities, telephone and electricity poles. All transitional and moving allowances and compensation for temporary land loss will be directly paid to those affected. Compensation, both small and large amounts will be paid either in cash or by cheque, following the agreement with the individual PAP‟s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs.
Based on Ethiopian laws and World Bank OP 4.12, the following is the entitlement matrix for the project:
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Table 17: Project Entitlement Matrix Land & Types of Impact Person(s)Affected Compensation/Entitlement/Benefits Assets Agricult Cash compensation for affected Farmer/ title holder Cash compensation for affected land equivalent to ural land land equivalent to replacement replacement value, taking into account value. Less than 20% of land replacement values for the land. holding affected Land remains Tenant/ lease holder Cash compensation for the harvest or product from economically viable. the affected land or asset, equivalent to average replacement values of last 5 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Greater than 20% of land Farmer/ Title holder Land for land replacement where feasible or holding lost compensation in cash for the entire landholding Land does not become according to PAP‟s choice, taking into account economically viable. replacement values for the land. Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to PAPs. Transfer of the land to PAPs shall be free of taxes, registration and other costs. Relocation assistance (costs of shifting assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Tenant/Lease holder Cash compensation equivalent to average of last 3 years‟ replacement values for the mature and harvested crop or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Relocation assistance (costs of shifting + allowance). Commer Land used for business Title holder/ Cash compensation for affected land, taking into cial partially affected business owner account replacement values for the land. Land Opportunity cost compensation equivalent to 5% of Limited loss net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Business owner is Opportunity cost compensation equivalent to 10% lease holder of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Assets used for business Title holder/business Land for land replacement or compensation in cash severely affected owner according to PAP‟s choice; cash compensation to take into account market values for the land. Land Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
Land & Types of Impact Person(s)Affected Compensation/Entitlement/Benefits Assets If partially affected, the for land replacement will be provided in terms of a remaining assets become new parcel of land of equivalent size and market insufficient for business potential with a secured tenure status at an purposes available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Business person is Opportunity cost compensation equivalent to 2 lease holder months net income based on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher. Relocation assistance (costs of shifting) Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to re- establish the business. Residen Land used for residence Title holder Land for land replacement or compensation in cash tial Land partially affected, limited loss according to PAP‟s choice; cash compensation to Remaining land viable for take into account replacement values for the land. present use. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Rental/lease holder Cash compensation equivalent to 10% of lease/ rental fee for the remaining period of rental/ lease agreement (written or verbal) Land and assets used for Rental/lease holder Refund of any lease/ rental fees paid for time/ use residence severely affected after date of removal Remaining area insufficient for Cash compensation equivalent to 3 months of continued use or becomes lease/ rental fee smaller than minimally Assistance in rental/ lease of alternative land/ accepted under zoning laws property Relocation assistance (costs of shifting + allowance) Structures are partially affected Owner Cash compensation for affected building and other fixed assets, taking into account market costs of Remaining structures viable for structures and materials continued use Cash assistance to cover costs of restoration of the Building remaining structure s and Rental/lease holder Cash compensation for affected assets, taking into structur account market costs for assets and materials es (verifiable improvements to the property by the tenant). Disturbance compensation equivalent to two months rental costs Daewoo E&C Co.ltd Page 51
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Land & Types of Impact Person(s)Affected Compensation/Entitlement/Benefits Assets Entire structures are affected or Owner Cash compensation, taking into account market partially affected rates for structures and materials, for entire structure and other fixed assets without Remaining structures not depreciation, or alternative structure of equal or suitable for continued use better size and quality in an available location which is acceptable to the PAP. Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training) Rental/lease holder Cash compensation for affected assets, taking into account replacement rates for materials (verifiable improvements to the property by the tenant) Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/informal Cash compensation for affected structures without dweller depreciation, taking into account replacement rates for materials Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the program) Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available Rehabilitation assistance if required assistance with job placement, skills training. Street vendor Opportunity cost compensation equivalent to 2 (informal without title months net income based on tax records for or lease to the stall previous year (or tax records from comparable or shop) business, or estimates), or the relocation allowance, whichever is higher. Relocation assistance (costs of shifting) Assistance to obtain alternative site to re- establish the business.
Standin Crops affected by land PAP (whether Cash compensation equivalent to average of last 3 g crops acquisition or temporary owner, tenant, or years replacement value for the mature and acquisition or easement squatter) harvested crop. Trees Trees lost Title holder Cash compensation based on type, age and productive value of affected trees plus 10% premium
Tempor Temporary acquisition PAP (whether Cash compensation for any assets affected, taking ary owner, tenant, or into account replacement values for materials (e. g. Acquisiti squatter) boundary wall demolished, trees removed) on Assistan Disproportion impact due to Vulnerable people Special and additional support (in addition to ce for age, sex, disability, etc to be screened from the entitled compensation) to support during vulnerab the PAPs le relocation and restoration of livelihood. Daewoo E&C Co.ltd Page 52
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Land & Types of Impact Person(s)Affected Compensation/Entitlement/Benefits Assets Groups Public Relocation of public utilities Those accessing the Utilities to be re-established in the affected area; Utilities services of the provision of similar temporary services until full utilities ( water, resumption (especially water service) under the electricity, etc ) new arrangement. Grave Relocation of burial corps PAPs who have Cover all the expenses of removal of the grave yards graves of their stones, preparing another burial ground, relatives within the relocation/reburial and all the religious or cultural RoW ceremonial expenses. Liveliho Loss of livelihood or source of All PAPs or Affected Livelihood restoration measures will be planned od income Households and provided supplementary to the compensation paid for lost assets; to restore or improve their livelihood prevailing during their relocation; and ensure an improved standard of living or foster development benefits.
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8 Livelihood and Income Restoration Measures
Livelihood and income restoration refers to reestablishment of income levels for the PAPs prevalent at the time of displacement. Income restoration is an important component for the resettlement of PAPs who have lost their productive base, businesses, jobs, or other income sources, regardless of whether they have also lost their houses. It is a dynamic plan or action that is used and required to re- establish the income streams overtime. In livelihood and income restoration, issues such as, source of livelihood (monetary and non-monetary), availability of land for replacement, existing skills of PAPs, employment opportunities and income restoration options will be provided. For PAPs who have lost their assets, livelihood and income restoration plans or programs may require government support and services in the short and long term basis. This short term support involves provision of employment opportunities at project construction site. The long-term measures may include land-based or non-land-based economic activities that will provide a sustained source of income over a longer period of time. Some of the different types of plans identified from experiences in different projects include income generating activities, micro and small enterprises or businesses. The livelihood restoration measures would be expected to enable PAPs and contribute to the improvement in their standard of living.
8.1 Livelihood and Income Restoration In the livelihood restoration of PAPs, ERA has the responsibility in coordinating Regional and wereda level government authorities to provide support towards the implementation of livelihood restoration measures.
Regional and wereda authorities will play important roles in the livelihood restoration plans and actions of PAPs in providing advice and tailor made training, facilitating the provision and supply of credit services through micro finance institutions and, through micro and small business enterprise agency; and also avail land for those PAPs who are interested to establish businesses enterprises. Wereda administration offices have agreed to provide support in the livelihood restoration of PAPs by facilitating credit services and in assisting them to be established through micro and small scale enterprises that provide skill training and soft loans. Micro and small scale enterprises are government agencies that provide skill training and soft loans for groups that are organized and interested to carry out small scale entrepreneurial and business activities.
During the implementation of this RAP, social development plans, such as skill trainings, business development plans associated with credit services could be provided for PAPs to re-establish their livelihood.
There are a number of potential small scale business activities and skills that could be used in the livelihood restoration of PAPs. Since most of the PAPs reside mainly in rural and peri-urban areas they may require short term skill training to carry out small scale businesses or income generating activities. Some of the potential skill trainings include metal and wood work, masonry and carpentry for men; tailoring and other small businesses for women, such as, kiosks or shops that sell consumables and cloths. Since the above activities are not very common in rural sections there is high potential for its demand if we take into consideration the current economic growth in the country and change in the life style of the people, which is associated with improved delivery of social services, improved educational level, improved road network and transportation which has contributed to increased linkages between rural and urban areas.
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The livelihoods restoration measures will be based on the scope of impact of land take on households and their dependents livelihoods. By taking this simple parameter for extending livelihood restoration measures, those who lost more than 20 % of land will be screened for additional restoration entitlement. As a result, Income restoration package will be related to the lost assets, in this case mainly a farmland. However, there are also households who lost residential houses, commercial trees and crops. It needs further studies of the impacts on PAPs for planning livelihood restoration. More parameters for livelihood restoration entitlements need to be worked out through intensive consultation in the future. Thus, a detailed needs assessment on the affected households will be conducted in order to develop a comprehensive livelihood restoration plan with proposal of realistic livelihood strategies and itemized budget during the construction phase of the project. A separate Livelihood Restoration and Vulnerable group support Plan based on the detailed need assessment will be carried out by independent consultant till October, 2019.
8.2 Special Restoration Measures for Vulnerable Group/PAPs The issues of vulnerable people are given special consideration under OP 4.12; Paragraph 8 and Ethiopian Social Protection Policy. These legal provisions consider the specific needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children. The objective is these categories of people are reasonably assisted to overcome potential economic shock from the project and maintain the quality of life not less than their pre-project state because they are at higher risk than others based on their vulnerability status to fall in to shocks.
The type of vulnerability assistance to each PAP will be identified by independent consultant in collaboration with the relevant stakeholders including PAPs. As minimum indicator to be considered, PAPs level of sex, age and present means of livelihood, status of disability, level of income and others should be assessed. The preliminary survey of the RAP identified 193 PAPs who needs special support. In this RAP, the identified vulnerable groups will receive the proposed amount of assistances in short term bases. In order to safeguard the livelihood of vulnerable groups sustainably, additional support will be proposed based on the needs assessment during the preparation of the livelihood restoration and vulnerable group assistance plan by the aforementioned independent consultant.
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9 Public and Stakeholders' Consultation
9.1 Public Consultation
In Ethiopia, public consultation is regard as important and mandatory that project planners and implementers required carrying out. According to the FDRE Constitution, Article 92; “People have the right to full consultation and to the expression of their views in the planning and implementation of environmental policies and projects that affect them directly”. In the project road corridor, consultations with the project affected persons (PAP) located along the project alignment, access road and link roads, local authorities and other stakeholders located have been made to create awareness and inform the public and PAPs about the planned project. In addition, public consultations have been conducted with range of stakeholders and PAPs in specific project sites (proposed borrow pits, Gravel site, Water source, quarry sites, camp sites etc).
The consultation was made in order to re inform PAPs about the planned project, its negative side effect and possible mitigation measures and obtain additional and relevant information based on the previous consultation conducted in 2015 pertinent to the updating work of the RAP document. Public consultations were carried out with the different groups of the community conscripted from project affected kebeles/villages. The locations the new and additional public consultations were Dugda Bora and Adami Tulu woredas in Meki and Zeway towns with the two woreda administration officials. On the other hand consultations were conducted with project affected and influenced community on Abine Germama, Werja weshgula, Abone Gebrel, Ilka Chelemo and Wayu Geberel kebeles. While planning the consultation those lose their farm land for the main, link and access road taken as participants
The intention of having consultations with these parts of the wider community is it is believed that they are qualified and satisfied the eligibility criteria to be regarded as PAPs and concerned bodies. Mostly consultations focused on a number of issues such as, the selection of assessing social impacts and benefits of the road to the community residing in the direct influence and indirect influence zone; payment of compensation for affected properties and other related rehabilitation measures.
Similarly, information related to existing environmental and socio-economic features of the project influence area, as well as the views and opinions of the consulted people towards the planned road project were obtained during the consultation meetings.
The participants of the public consultation included;
Woreda Administration officials PAPs and other project influencing area dwellers Elders and informal leaders, Aba Gedas School Teachers, Health and Agricultural extension workers Female headed house hold heads, Kebele Administration representatives,
A total of 3 (three) kebele public and 2 woreda administration consultations were held between July10-13 and 2016 and a total of 67 individuals were participated in the consultations. These individuals gave their supports, suggestions, Questions and fear on the implementation of the road project. During the RAP preparation stage consultation with mainly PAPs along the RoW conducted and the broad agenda looks as follows: . Briefing about the government plan to improve the road (the proposed road project) Daewoo E&C Co.ltd Page 56
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. The attitude of the local community towards the proposed project . Anticipated positive and adverse impacts and proposed mitigation measures of the project on socio-economic life of the community . The requirement of community participation at different stages of project activities . The means to avoid and/or mitigate anticipated adverse impacts of the proposed project . The experience of the local community in similar development projects . Factors to be considered for successful accomplishment of the project. During public consultations with PAPs woreda administration officials and community groups that lasted for 1 to 2 hours each, a number of important points were raised and discussed. Key agenda points that were forwarded for discussion included social and environmental impacts of the project both positive and negative on local community members, issues regarding property registration and valuation for compensation, rate and fairness of compensation payment, land take acquisition, different RAP implementing institutes, land slid erosion, job opportunities in the project and support for vulnerable groups were raised and discussion. Objectives of Public and Stakeholders Consultation Public and Stakeholders consultations were held with PAPs, community elders and local officials with the following key objectives among others: - To inform PAPs, woreda officials and other stakeholders on the commencement of the road project and seek their cooperation and support during the implementation period. To aware all RAP implementing committees at woreda level about the importance of RAP from the side of public. Identify additional positive and negative socially impacts occurred after the pervious RAP and ESIA studies and include in the new updated RAP document. To check the practicality and implementation of the cut- of -date set in 2014. inform the woreda administration officials and the PAPs that compensation payment will be executed based on local current commodity replacement price and all compensation payment will be played based on FDRE regulation and proclamations 455/2005 and 135/2007 respectively. To inform PAPs and discuss about the nature and scale of adverse impacts of the project on their livelihoods in a more transparent and direct manner and seek their Participation in the project cycle. To give PAPs and communities a chance to have a say and express their views in the planning and implementation of the project that affect them directly. 9.2 Stakeholders' consultation Different stakeholders' who have either direct or indirect responsibility, and stake with the construction of the project road were consulted. The primary stakeholders that have major role to play and consulted included woreda administrators, experts drawn from woreda sector offices. Consultations with stakeholder were held in Dugda, Meki town, and Adami Tulu participants drawn from woreda sector offices (experts from Land administration office, Agriculture office, Mineral and water office, Environmental and climate change office members). These expertises selected for consultation because they are expertise in the area and can facilitate the RAP implementation.
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The stakeholders were consulted to provide their expert opinion and views towards the impacts to be created due to the project road corridor, their role and involvement in the planning and implementation of this updated RAP and their contribution and expected participation they will have at the different stages. The consultation held in their respective wereda and town.
Table: Data on the number of participants during public and stakeholder consultations conducted Categor Number of Date of Major ies of Locatio Participants consultation Agenda issues and Consult n Male Femal Both s remarks ations e 11/11/2016 The roles of the Meki 190 35 125 wider public towards the work of the project, RAP update issues 31/01/2016 Compensation Batu 7 1 8 related issue
16/11/2017 The roles expected Batu 19 2 21 from the contractor and the wider public 18/12/2017 RAP related issues Meki 26 2 28
12/08/2016 The roles of the Abono 14 4 18 Consultations wider public kebele 13/08/2016 The roles of the Weyu 22 5 27 wider public gebrel
I. Public I. Public kebele
12/7/2016 Impacts of the Meki 4 1 5 project, roles of wereda officials for the effectiveness of the project 16/11/2017 The roles expected Batu 4 0 4 from the contractor
and the wider Consultations II. Stakeholder II. Stakeholder public Source: Appendices 1 & 2 of this RAP. 9.3 Major Findings of Public and Stakeholders' Consultations
Both the public and stakeholders consultation participants consider that the construction of the road to be highly beneficial and important to improve the socio economic situation of the population in the project road corridor and that its construction is also critical for the socio economic development and growth of the Administrative zone and Woredas; and the community in general crossed by the project road. The public has high expectations with the construction of the project road corridor and are of the opinion that they will have improved and easy access to transportation and that their livelihood also will be improved following the construction of the road. They also assume that delivery of social services will be enhanced and that the woreda and country level Growth and Transformation Plan (GTP) could be realized and that the poverty situation of the local population to be improved.
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Since the details of the consultations are too wide-ranging and too broad to be presented here, only a summary of key issues discussed and major findings are sub divided into relevant categories and presented in the section below. These broader categories into which key findings of the consultations are include questions, suggestions, support and fear of the woreda administration officials, stake holders and the PAPs and project influencing community is discussed below.
9.4 Findings of Consultation with woreda administration and stakeholders
A. Questions How the project and ERA will collaborate with the woreda administration for the rehabilitation of PAPs in providing income generating scheme trainings especially for farmers who will loss full or majority part of their farm land? B. Suggestions They demand fair and better compensation for affected PAPs and other property owners affected by the project. The contractor should dispose all construction wastes construction materials in selected disposal areas in order to avoid environmental pollution and negative impact on fertility of fertile farm lands. June and July months are known for farm preparation and cultivation in the project area, the compensation rate should consider the cost of seeds and labour force spend on farm lands. C. Supports The Woreda administrations so far controlled and monitored squatters and illegal construction of houses and other structures since the cut-of-date set in 2014. They will be committed for the safety and smooth progress of to keep the overall construction activity and work force of the contractor, consultant and other parties who have role in the construction activity. They promised to work with adjacent woredas to facilitate the management and civil work of the road project. Promised to provide all construction materials like water, sand and selected materials for the contractor in timely manner and for free. Promised to provide security support for the road construction. Formed all compensation, valuation and grievance redress committees from trusted and elderly part of the community. Promised to provide relocation sites for PAPs that will lose their residential and commercial houses following the construction of link road in Meki, Zeway and other small villages resided in the towns‟ municipality administration. D. Fears The construction activity is on progress however, compensation is not executed to the majority of the PAPs and other property owners. 9.5 Findings of Consultation with PAPs and the community. A. questions We need sufficient and adequate compensation payment since the road construction activity will take large portions of our farm lands?
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Vulnerable households like female headed families, old ages and disables have to get special consideration and support from the woredas and the project? Land taken for camp site is compensated for four years, how could it be rehabilitated and become fertile and productive within a short period of time? We need additional compensation. B. Suggestions The contractor has to avoid construction faults in order to avoid land slid, over flooding and erosions that have adverse effect on farm land and settlements. Kebeles like Abane Geremama are known for these problems. All activities of the project road including compensation payment should be implemented in a responsible, accountable and credible ways. It will enhance productivity, access to market and social net working with neighbour kebeles and towns. The contractor has to exert its full care to avoid erosion and land slid during construction. C. Supports The construction of the road has immense positive contribution for the economic growth of the local community for this reason we support and stand by the side of the project. We will work hand to hand with the woreda administration for the peaceful and speedy construction activity of the project. D. Fears 28 households lost their farm lands in Wayu Geberele kebele for camp site and they didn‟t get enough and fair compensation payment. The rest of us will share the same fate. We believe all compensation paid by the government is not sufficient and satisfactory. We fear that some people will have negative altitude and less support for the road project E. Demands We demand and need the contractor to recruit labour and other construction forces from the local community and youths. There are a large number of unemployed people in the project influencing woredas and towns. The government has to arrange other means of living for farmers who will lose full or large portions of their farms, since most of them have little or no knowledge on other means of living like small business. 9.6 Consensus and agreement reached with PAPs and Stakeholders
The following are the summarized consensus reached at the public consultation: An understanding has been reached that local officials will provide all require support in the implementation of the up dated RAP and all support for households that may lose their land and assets. Compensation will be based on replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. To ensure compensation at replacement cost, planned compensation rates may be recalculated if the payment period is delayed due to inflation.
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The woreda will provide support in planning and implementing livelihood restoration measures for PAPs. This could be done by organizing them through micro and small scale enterprises in a form of cooperatives or associations based on the interest and willingness of PAPs. The woreda agrees to provide special support and care for vulnerable households identified in this RAP and assist them in re-establishing their livelihood. At woreda level, a special task force will be formed to oversee and assist the day to day implementation of the project in a timely and proper manner. The woreda will facilitate and coordinate the establishment of the various committees required in this study at all levels and as indicated in FDRE Government proclamations. The woreda administration agrees that it will monitor the implementation of the RAP is carried out as per the law and ensure that PAPs are compensated for lost assets and properties as per the proclamation and as indicated in this RAP. PAPs consulted in all the kebeles that are crossed by the project road have agreed to provide all their support towards the implementation of the RAP. PAPs have agreed and committed not to carry out any construction activities inside the ROW following the agreed cut-off date set in 2014.
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Figure 9-1: Public consultation pictures
Picture 1: Consultation with Picture 2: Consultation with Picture 3 : Consultation with PAPs at wayu gebrele kebele PAPs at Abuna Gebrel kebele PAPs at Abune Gebrel kebele
Picture 4: Consultation with PAPs at Wayu Gebrel kebele Picture 5: Consultation with Picture 6: Consultation with PAPs at Abene Geremame PAPs at Abene Germame kebele Kebele
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10 .SOCIO ECONOMIC SURVEY OF PAPs
10.1 Number of PAPs
A total of 1070 household heads will be affected by the construction works of the project road. The majority of them, 917 (86%) are male headed households and14% (153) are women headed. The total family members of the project affected households are 5150 out of which, 2503(48.6%) are male and the remaining 2647 (51.4%) are female. Annex 1, 2 and 3 provides the names of the household and institutions identified during the field survey.
Table 18: Distribution of Project Affected Household heads by Woreda Sex Dugda Adami Tulu Total No % No % No % Male 471 83% 446 89% 917 86% Female 96 17% 57 11% 153 14% Total 567 100% 503 100% 1070 100% Source: Consultant's field survey
Table 19: Project Affected People Total PAPs People to be displaced Partially Affected people Number of PAPs Number of PAPs Number of PAPs HH HH HH 1070 5150 143 681 927 4469
Partially Affected People include ,those losing strip of farmland, but able to continue living on the remaining land holding after being compensated for loss of crops, trees, foregone benefit, etc. 10.2 Religious background of HHH
The majority of the HHH professed Ethiopian Orthodox Christianity (67.5 %); followed by Muslim HHs (27.4%) while 3.7 % of the HHH, 1.3% unknown and 0.1% follow indigenous Oromo religion of “Wake Feta”. Table 19 discuss the percentage of each religion followers respectively. Table 20: Religion of Affected Household heads by Woreda Religion Dugda Adami Tulu Total No % No % No % Orthodox 517 95% 205 40.7% 722 67.5% Muslim 16 1% 277 55% 293 27.4% Protestant 21 1% 19 4% 40 3.7% “Wake Feta” 1 0% 0% 1 0.1% NA 12 2% 2 0.3% 14 1.3% Total 567 100% 503 100% 1070 100% Source: Consultant's field survey 10.3 Ethnicity of HHH
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The majority of the affected HHs (86.8%) belongs to the Oromo ethnic group followed by the Amhara (7.8%), Gurage (3.6%), NA (1.2%) and Kembata (0.3%), Wolayita 0.1%and Tigre shares 0.2% respectively.
Table 21: Ethnicity of HH Heads Ethnicity Dugda Adami Tulu Total No % No % No % Amhara 65 12.3 18 3.3 83 7.8 Oromo 447 84.5 482 89 929 86.8 Gurage 1 0.2 38 7 39 3.6 Kembata 3 0.6 - - 3 0.3 Wolayita 0 0 1 0.2 1 0.1 Tigre 1 0.2 1 0.2 2 0.2 NA 12 2.2% 1 0.2 13 1.2 Total 529 100% 541 100% 1070 100 Source: Consultant's review field survey(2017) 10.4 Occupation
The overwhelming majority of the affected HHs (92.6%) is reported to be farmers. This is a trend to be expected in both woredas since the whole project road is aligned in rural areas. The occupation of the remaining project affected HHs (2.5%) are traders mainly on the link roads. The rest of HHs that constitutes: housewives, government employees, students and so on are discussed below with their percentages. Table 21 presents the percentage of each type of occupation for project affected HHH. Table 22: Occupation of Household heads by woreda Occupation Dugda Adami Tulu Total No % No % No % Farmer 519 93.3 476 92.6 815 92.6 Trader 19 3.4 13 2.5 32 2.5 Civil servant 2 0.4 8 1.55 10 1.5 Student 3 0.5 2 0.38 5 0.4 Religious 0 0 1 0.19 1 0.2 leader House wife 4 0.7 2 0.38 6 0.4 Guard 2 0.4 3 0.58 5 0.6 Pensioner 0 0 1 0.19 1 0.2 NA 7 1.3 8 1.55 15 1.6 Total 556 100 514 100 1070 100% Source: Consultant's field survey (2017) 10.5 Marital status
The majority of the affected HHs (83.5%) reported to be married. 9.6% have dissolved their marriages mainly by widowhood. The proportion of widows is significantly high across the woredas placing women heads of households in a more vulnerable situation. Singles constitute 3.9% among the affected HHHs.Table 22 below discuss marital status of other HHH.
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Table 23: Marital status of HHs Marital status Dugda Adami Tulu Total No % No % No % Single 22 4 20 4 42 3.9 Married 457 79 436 87 893 83.5 Divorced 8 2 10 2 18 1.7 Widowed 67 13 36 7 103 9.6 NA 13 3 1 0.1 14 1.3 Total 567 100 503 100 1070 100 Source: Consultant's reviewed field survey (2017) 10.6 Education
43% of the affected Household heads (HHHs) are illiterate , followed by 29% of HHs who can only read and write, 22% are either attended or completed primary schools. HHs with college background constitutes only 2%. The rest are discussed in Table 23 below. Table 24: Education of HHHs
Dugda Adami Tulu Total Education No % No % No % Illiterate 279 50 179 35.5 458 43 Read & Write 129 22 180 36 309 29 Formal 117 21 117 23 234 22 Collage 4 0.7 17 3.5 21 2 NA 38 6.3 10 2 48 4 Total 567 100 503 100 1070 100 Source: Consultant's reviewed field survey (2017) 10.7 Vulnerable Households
The socio-economic survey identified 332vulnerable HHs on main, link and access roads. The vulnerable PAPs are constituted of elderly men (above the age of 60) (195) and (127) women heads of households. The names of project affected vulnerable households heads are given in Annex 5.
At the time of implementing the compensation and the resettlement action plan of the project special attention, support and care should be given to female-headed households and to the elderly. The support will be made in rebuilding their houses, transferring and transporting their household items and materials to the newly constructed residential houses or houses used for business purpose.
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11. Methodology in valuing losses In this updated RAP, the methodology for valuing assets is based on at Full Replacement Cost. Compensation will be based on Replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Replacement costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on-site management practices and thereby prevent damage.
The replacement cost approach involves; Direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, Net depreciation, Moving expenses and Other transaction costs.
World Bank‟s OP 4.12 defines replacement cost, “method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transition costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.”
The replacement cost to land and structures is defined as shown in the following table 24 for the different land use type, such as, agriculture, urban and rural land.
11.1 Replacement Costs for Land, Houses & Public Infrastructures Replacement cost by type of impact Table 25: Replacement cost by type of impact No. Agricultural Land For Public Infrastructure For Houses I. It is the pre-project or It is the pre-project or pre- It is the replacement cost of the pre-displacement, displacement, whichever is materials to build a whichever is higher higher with similar or improved replacement structure (house) public infrastructure facilities with an area and quality similar and services and located in the to or better than the affected vicinity of the affected area house, or to repair a partially affected house II. Replacement value of The cost of any registration and The cost of transporting land of equal productive transfer taxes building materials to the potential or use located construction site in the vicinity of the affected land III. The cost of land The cost of transporting The cost of any labour and preparation to levels building materials to the contractors' fees similar to those of the construction site affected land IV. The cost of any The cost of any labour and The cost of any registration registration and transfer contractors' fees and transfer taxes taxes
11.2 Basis for Valuation
The basis for the valuation of affected assets and properties is Gross Current Replacement Cost (GCRC). ERA‟s RPF defines Gross Current Replacement Cost as „the estimated cost of erecting a building as new having the same gross external area as that existing with the site works and services on a similar piece of land‟. The valuation process will also consider the use of “compensation value” for affected properties. The valuation of affected assets and properties will be carried out by experienced and skilled valuators. According to Proclamation 455/2005, “The valuation of property situated Daewoo E&C Co.ltd Page 66
Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 on land to be expropriated shall be carried out by certified private or public institutions or individual consultants on the basis of valuation formula adopted at the national level.”
In order to provide PAPs with adequate compensation for assets & properties they will be losing, proper valuation will be undertaken by the valuation committee & reviewed by the resettlement/compensation committee. The valuation committee, in close consultation with PAPs and in collaboration with woreda and town administrations will prepare the unit rates for the affected assets to be determined on the basis of market value.
11.2.1Valuation for Loss of Houses
Compensation procedures for loss of houses are re-established in consultation with the Resettlement / Implementation committees established at Woreda level. The RoW Team executes the expropriation/compensation procedures in concert with the ERA‟s Express Way Contract Administration.
In determining replacement cost for loss of houses, the following points are taken into consideration; Current construction cost and no allowance for deprecation is considered; Depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset ; The unit rate (or bill of quantity) is estimated on the basis of the type of the affected houses. The cost of each house to be replaced is estimated on the basis of specification and bill of quantities prepared by the woreda and kebele administration; irrespective of the location of the area, the unit costs for the similar types of houses are taken to be identical.
Those PAPs losing portion of their house will receive full compensation payment since the remaining portion of the house will not be habitable anymore and hence, PAPs need to construct new houses, in addition, these PAPs will have the choice of retaining the remaining portion of the plot as long as it is located outside of the ROW.
PAPs losing their whole house, with no enough plots to construct new houses will be relocated to new places that are not far away from their current location or villages and will also receive full compensation payment. Most HH however, do not want to move to new locations but want to move or shift to the back side of their farmland. At the time of preparing this updated RAP, the exact number of PAPs that fall within these categories are been worked out and the resettlement site within their present location is been finalized.
11.2.2 Valuation for permanent Loss of Agricultural Land
The principle for permanent loss of agricultural land /crop loss/ is that it should be compensated with land for land compensation (or land for land replacement) in those areas where land is available for replacement. In the extent at which the agricultural land lost cannot be replaced, the principles for monetary compensation will apply.
Cash compensation will be paid for permanent loss of crops and trees; and for temporarily lost agricultural land which is acquired for the construction period only. The compensation rates for loss of trees and crops from lost agricultural land are established by the woreda agriculture offices. This includes production and yield estimate and market price data collected for five years. To compensate the forgone benefit and income from agricultural land, cash compensation is the only option.
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FDRE Proclamation 455/2005, Article 8 (displacement Compensation) No. 1 states that; “A rural landholder whose landholding has been permanently expropriated shall, in addition to the compensation payable under article 7 of this proclamation, be paid displacement compensation which shall be equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land”
The principle of compensation also follows that of income restoration of PAPs. According to the five year average crop budget and gross income is calculated and the proportion of income equivalent to land loss is determined. In the case of fruit trees, the calculation will take into account a major interruption of the income series after a tree has reached its economic limit of life and a new tree planted instead will have reached its fruit bearing age.
11.2.3 Valuation for Temporary Dispossession of Agricultural Land The valuation methodology for the amount of crop loss from temporarily affected agricultural land will be identified; Average price per crop type (five year average price for total loss) Land type (irrigated and non-irrigated) and size for each type of crop Average production per hectare Number of farming season (or production season) The average net income earned from one hectare of land will be calculated according to a farm budget by using local market prices. Taking into account the nature of the project, the extent of land expropriation is unlikely that there will be anything other than a low level of (partial) impact as far as agricultural landholders and the overall project are concerned.
According to proclamation 455/2005, compensation for lost income is based on the average annual income secured during the five years preceding the expropriation of the land. The formula adopted for calculating compensation for crops, unripe and ripe perennial crops is presented in the following table 25.
11.2.4 Valuation formula for perennial crops Table 26: Valuation for Perennial crops Crops Ripe perennial crops Unripe perennial crops The total area of the land in Annual yield in kg No. of plants (legs) m2 Value of the crops per kg Current price of the produce Cost incurred to grow an individual plant The amount of crops to be Cost of permanent improvement Cost of permanent improvement 2 obtained per m on land on land Cost of permanent improvement of land
A PAP whose agricultural land is expropriated for the project road will be compensated as per proclamation No. 455/2005, which provides displacement compensation for rural landholders whose lands expropriated permanently that amounts ten times the average annual income secured during the five years preceding the expropriation.
11.2.5 Valuation for Public Utility Lines
Public utilities that will be affected due to the construction of the road project include telephone and electricity poles.
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ERA will be responsible to notify the appropriate authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The relocation of the affected public properties is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works.
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12. Compensation Procedures & Approach
The strategy adopted for compensation of the affected properties / assets follows the FDRE laws and regulations. The compensation procedures and approach in this updated RAP adopted the following three steps:
Establishment of Property valuation committees: Property valuation committees are established both in rural and urban areas that are traversed by the project road. The composition and number of the committee members are as per FDRE law. The property valuation committee for rural and urban areas are different. The property valuation committees will provide PAPs with adequate valuation of affected properties and assets and estimates the compensation for the assets they will be losing; proper valuation will be undertaken by the valuation committee & reviewed by the resettlement/compensation committee. Assessment of properties & assets: All properties &assets affected by the project road are assessed will be assessed during the updated RAP implementation at a full replacement cost, which is based on the current value of replacement. Establish unit rates: The unit rates are established for each of the affected properties and assets that are expropriated due to the construction works of the road on the basis of the current market value. In preparing the valuation average costs will have to be assumed. It should be noted that costs of construction vary from one locality to the other.
The compensation procedure and approach will be determined on the willingness and readiness of owners of a resource to give up their rights.
Compensation payment to PAPs will be effected after the property valuation committee makes the final estimate of compensation payable for the affected properties at a full replacement cost and reviewed by the Resettlement committee and finally approved by ERA‟s Express Way Contract Administration.
Payment to affected properties and assets will be effected before the commencement of the road construction works. The payment procedures and mechanisms to be adopted will be simple and easily understandable to PAPs also.
Compensation payment will address the following four questions. what to compensate for (e.g. land, structures, businesses, fixed improvements or temporary impacts, lost income); how to compensate; when to compensate; and Amount to be compensated.
Compensation for land structures, business, fixed improvements on farmland and other temporary impacts are based on among other things on market valuation, production & productivity valuation, negotiated settlements, material and labour valuation.
Compensation for temporary impacts will be calculated on the basis of the criterion/principles; Compensation equivalent to lost income required for the duration of impact, Compensation equivalent to lost income required for loss of access, and Physical restoration of assets (or access).
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13. Grievance Redress Mechanism A grievance redress mechanism (GRM) is expected to outline procedures to respond to project-related grievances in an efficient and effective manner. As per OP 4.12 of the WB, GRM should be accessible and appropriate to bring about remedial measures for complaints. Appropriateness and Accessibility basically signifies the need to have a workable GRM arrangement tailored to local context. Without these main ingredients of GRM, complaint procedures will have no expected outcome in redressing grievances. In case of complaints that arise by PAPs on project related activities, the preferred way of settlement is through amicable means to save time and resources as opposed to taking the matter to formal courts.
To ensure that the PAP have avenues for redressing grievances related to any aspect of compensation, construction management negligence, and any other relevant project related matter procedures for the redress of grievances should be established for the project. The objective is to respond to the complaints of the PAP efficiently; i.e. the mechanism to be easily accessible, transparent and fair and to avoid the need to resort to complicated formal channels to redress grievances. Accessible and appropriate GRM not only help to have more effective and efficient procedure but it also has strong bearing on the project implementation progress, as PAPs grievances tends to thwart timely accomplishments of project activities.
In case of the road project under consideration, GRC already formed in Adami Tulu and Dugdha woredas to deal with project related grievances by PAPs. The composition of project- initiated GRC includes the following: A member from woreda administration A member from land use and regulatory office, A member from local community (elderly, /Geda leader) A member from women and youth affair office One member from the Kebele administration Two members selected by the project-affected persons from the community where the resettlement/compensation is taking place. These two members are from the PAPs directly affected by the expropriation.
Procedure Complainants can log/file their complaint(s) in written form, verbally, through telephone call, text message or any means of channels convenient to them. Complain to be registered in a format prepared for the same purpose. The filed complaint(s) need to be itemized, clear and concise with remedial suggestions Present the form for the relevant designated officer (first contact point, in this case secretary of the Grievance Redress Committee-GRC) Address of the PAP or PAPs (Telephone, kebele, etc)
Special Procedures to Address Issues related to GBV
For the GRM to effectively address the issues/incidents related to sexual exploitation and other forms of gender-based violence, the project in general and the Woreda level GRC must set proactive mechanism functional throughout the project cycle. In this regard, the Woreda Women and Children Affairs Office head will be the focal person on issues related with to sexual exploitation and other forms of gender-based violence. The following are the working procedures of the Woreda Women and Children Affairs Office tocases;
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The respective Woreda Women and Children Affairs Office should get the capacity building on key principles of GBV/SEA case management including confidentiality, non- judgemental, best interest of the survivor, services and referrals,
Establish a proper channel to receive reports or project-related risks of sexual harassment and GBV i.e. the risk factors that exacerbate or expose people to GBV;
Conduct awareness raising campaign regarding the risks of GBV to both men and women in the project area; and, key principles of GBV/SEA case management including confidentiality, non-judgemental, best interest of the survivor, services and referrals,
The respective Woreda Women and Children Office representative in the Woreda GRC will be the focal point who can confidentially receive complaints or reports from the survivors through various forms of uptake channels including telephone call (hot line if any), text message, email, face-to-face, and others.
The Woreda Women and Children Affairs will immediately (maximum 24 hours) communicate the complain to ERA. ERA will report the case to the World Bank in 24 hours after receiving the report from the Woreda Women and Children Affairs office.
The Woreda Women and Children Office will not investigate the GBV/SEA case. Rather, maintaining the key principles of GBV/SEA case management including confidentiality, non-judgemental, best interest of the survivor will report the case to ERA, facilitate survivors to services and referrals,
The GBV/SEA case will be investigated, and further information will be collected by GBV/SEA specialists based on the scope of risk involved,
Record all the reported incidents based on the level of risks and follow-up or track the response process of the referred agency or court until the achievement of satisfactory resolution.
Responsibilities of the GRC
Check the complaint is project-induced Registering all complaints and organize them properly (Secretary of the GRC) Forwarding the case to the committee If it is not settled by the GRC, inform/forward the same to project owner /client Feedback from the project owner to be communicated Feedback /or GRC committees‟ decision should be communicated to the PAP(s) no later than 30 working days. Amicable dispute settlement continues to be explored In case amicable arbitration not working, PAP (PAPs) can use their own right in formal court procedures The GRM should be based on the core principles of: fairness, objectiveness, simplicity (localized and contextual), accessibility to PAPs, responsiveness and efficient. In addition, GRM should not only deals with compensation issues, rather it also takes into account all other project –induced complaints partly listed above. Capacity building and awareness creation interventions for local level GRC and Compensation Committee are essential. The project owner/client is expected to facilitate such trainings for better performance of the project at large.
The following steps will be followed in order to achieve consensus for any grievance related to any aspect of the project.
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Grievance Investigation and Resolution Process (GIRP) at Traditional Conflict Resolution Mechanisms
Traditional conflict resolution mechanisms could be initially formed/mobilized in order for settling grievances that may arise within the community at the village or kebele level; such institutions could be Idir,Sirit, Jarsumma (part of the Gedda system), yeakababiShemagele… depending on the locality.
Step1: Complains will be submitted by any interested person or complainant group to the traditional conflict resolution mechanisms verbally, in written format, using telephone call, text message or in any of convenient channels, focal point at the kebele level (chairperson or facilitator depending on the specific locality).
Step 2: The facilitator or chairperson/focal person of traditional conflict resolution mechanisms will organize a meeting for the members and will review and resolve the complaint within seven days from the date of receipt of the application. All meetings will be recorded and filed. Copies of the minutes of meetings (if recorded) will be provided to kebele Administration and to the respective Woreda administration and other concerned stakeholders.
Step 3: If the complainant is not satisfied by the response given by traditional conflict resolution mechanisms or if no response is received within seven days, the affected persons can appeal to the Woreda Grievance Redressing Committee (GRC).
Woreda Grievance Redressing Committee (GRC) Investigation and Resolution Process
Step 1: Appeal form or direct complaint formeither by the PAP or the secretary as the complainant may submit the complaint using telephone call, text message or in any of convenient channels, thenthe appeal form or direct complaint form will be completed on their behalf and submitted to the Woreda Grievance Redressing Committee.
Step 2: The Woreda GRC records the issues in the registry, assess the appeal or the grievance within 7days after the registration of the appeals/complaints. Request collaboration from the resettlement implementation committee, if needed/as applicable. The woreda GRC will review the decision given at kebele traditional conflict resolution mechanisms (if the case is an appeal) and endorse if it is appropriate. Otherwise; the woreda GRC will investigate, resolve the issue and give decision/resolutions within oneweek (7 days) of receiving the appeal or compliant. The decision should be provided to the applicant in a written form. All meetings will be recorded, and copies of the minutes will be provided to all concerned stakeholders.
Step 3: If the complainant is not satisfied by the response given or if no response is received from the Woreda level GRC within 17days (three days at the traditional conflict resolution mechanisms and fourteen days at the GRC) after the registration of complaint or appeal. The complainant can appeal his/her case again to the Zone/Regional Public GRC Office or to the different hierarchy of courts of law.
The project-related complaints can include, but not limited to, the following cases: Complains on property valuation methodology and compensation payments; Construction management negligence and the associated impacts; Job opportunities administration; Restriction of accesses or blockages Property damages Impacts on community health, productivity of crops caused by pollution, flooding,
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Incidence of traffic accidents and other safety related issues; Damage on public goods Misconduct of project employees; Labor influx induced conflicts over resource competition; Complains on Gender-Based Violence or any form of violence against women, etc.
Capacity building and awareness creation interventions for local level GRC and Compensation Committee members are essential. The project owner/client is expected to facilitate such trainings for better performance of the project at large. Meanwhile it is also important to create awareness among PAPs, Wider Community and Stakeholders about the established GRM system and GRM related matters through various mechanisms such as Public consultation, House to House Household survey, distributing leaflets, Poster and any other appropriate means.
Proposed Grievance Redressing Channels for the Project Affected persons are shown in Figure 13-1 and 13-2.
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Chart 15- 1: Project Affected Persons (PAPs) grievance resolution channel
RAP - IC presents the compensation package to PAP
The PAP evaluates the compensation package
PAP's Decision
10days The PAP refuses to accept the compensation package and expresses his reservation to the RAP-IC
The aggrieved PAP is given a chance by the RAP-IC to explain why the
10days package is not acceptable to him
PAP's Decision
The PAP and the RAP-IC fail to agree ad either party reports the situation to the local authority 10days
The local authority brings the PAP and the RAP-IC for further discussion
Decision
The PAP and RAP-IC fail to agree and the local authority appoints arbitral tribunal
10days
The arbitral tribunal hears from the PAP and the RAP-IC. The tribunal gives its
The RAP-IC review the compensation package
Decision days as agreed by the PAP
15
PAP accepts the package The RAP-IC refuses to review the compensation package as per the verdict of the arbitral tribunal The PAP gives his written The PAP refuses to accept the consent to the ROW-A/RAP-IC verdict of the arbitral tribunal
The PAP receives the compensation from ERA Right The PAP takes his case to the of-way Agent first instance court
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Figure 13.1: Project Affected Persons (PAPs) grievance resolution channel
PAPs
Stage one WPV Committee One week
Not Settled Settled Stage Two
GRC
One week End
Not settled Settled Stage Three Formal Court Depend on legislation
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14 DISCLOSURE OF RAP AND SCHEDULING 14.1 Disclosure of RAP
Public disclosure of the updated RAP has to be made to PAPs and other stakeholders for review and comments on entitlement measures and other issues in the implementation of the updated RAP. The purpose of the disclosure is to receive comments and suggestions from PAPs and incorporate appropriate suggestions.
This Resettlement Action Plan will be disclosed in a form, manner and language comprehensible to PAPs and at a place accessible to the displaced persons and other stakeholders for review and comments on entitlement measures.
ERA will disclose and post this updated RAP in its websites and receive comments. Comments and critiques made on the updated RAP by PAPs and other stakeholders will be taken by ERA for consideration.
ERA will also conduct a half day workshop in the project area for the PAPs, stakeholders, representatives of civil societies, local leaders with the objective of disclosing the RAP.
The Public disclosure of this updated RAP will be made in Amharic and Oromiffa languages. This could be done; by publishing it in official Newspapers of both at the Federal Government Newspapers and also in the Regional Government Newspapers; depositing / posting it in a range of publicly accessible places; such as, Woreda offices, Municipalities and Kebele administration office. Once it is disclosed, the public have to be notified through administrative, community and clan structures about the availability of the up dated RAP documents and be requested to make their suggestions and comments.
This updated RAP also will be disclosed on ERA website to receive the opinion and suggestions civil societies, academics, other professionals as well.
14.2 Scheduling
The implementation schedule discusses the major activities to be carried out in the implementation of the updated RAP and identifies organizations responsible to for its implementation. The implementation of this updated RAP will be carried out and expected to be completed before construction work commences. It is estimated that the implementation of the actual RAP activities will be completed within a period of three years.
During the implementation period of this updated RAP, ERA will provide adequate governance and management and financial support for timely operation.
Express Way Contract Administration will be the main responsible body for the coordination, facilitation and implementation of this updated RAP. In the process of the implementation of this updated RAP, there will be a number of crucial and important activities to be performed to make the physical relocation of the people under this project possible. The implementation of the activities will be undertaken either through the direct involvement of the Woreda administration offices and the Resettlement / implementation committee.
Since implementation of the planned activities requires clear understanding of the specific activities of the RAP, different guidelines of the FDRE Government there is a need to familiarize and create awareness of the Resettlement / implementation committee. The awareness creation and familiarization to the Resettlement/implementation committee will be done through a workshop (2-3 days) organized by ERA. The workshop will focus on how the committee members are expected to carry out their duties diligently and properly.
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The committee will also be provided with all the necessary materials, equipment and financial resources. Members of the committee will be provided with daily allowances at the Governments standards or with a slightly higher amount so that they could carry out their responsibility on timely and enthusiastically.
From the point of view of giving high priority to the project, Woreda officials have confirmed that implementation of the updated RAP will be effectively and efficiently undertaken within reasonable time.
The implementation of the resettlement/relocation process will pass through the following different stages / phases. The plan would include target dates for the achievement of expected benefits to the resettled/relocated or re-housed PAPs. The schedule will also indicate how the resettlement/relocation activities are linked to the implementation of the overall project.
The RAP will be approved/cleared by the Government of Ethiopia, AFDB, the World Bank and Korea EXIM Bank. Any changes/revisions made to the disclosed RAP will undergo the same
Disclosure of RAP: This updated RAP will be disclosed as per the disclosure guideline of ERA in its web sites. It will also be deposited in the public notice boards of each Woreda and municipalities that are located in the project road corridor.
Committee Strengthening Phase: ERA will request the Woredas traversed by the project road to activate the Property valuation committee and the Resettlement / Implementation committee to become operational and develop working document/guideline. The notification will contain the recommended list of institutions that will be involved in the committee and will clearly put the time frame given to undertake the task.
Revision of household survey and inventory of assets: From past experiences it is understood that it takes some time when the implementation of the RAP begins. Usually the implementation of the RAP is carried out after the contractor has been selected at this time DAEWOO E&C Co. Ltd is the selected contractor for the project road construction. Hence, with the lapse of time there will be a lot of changes including price change and other related changes. Following changes and new developments there is a need to revise the inventory (recording) of assets and properties and revise the associated costs for the impacts. For this reason this updated RAP document is prepared.
Revision of valuation of assets and properties: Since implementation of this up dated RAP will take some time there is definitely a need to revise valuation of assets and properties. Hence, the property valuation will undertake the revaluation for affected assets and properties as per the guidelines established in this up dated RAP.
Awareness Creation At this phase, the woreda level RAP committee members will make themselves clear about the duties expected from them. Any clarification about the scope of the project should be given by the ROW Agent. The committee members in return will provide full information to the Project Affected People so that the compensation program can proceed with the full participation of the people. ERA will give all the necessary capacity building support for the formed committee. This support will include training how to implement the RAP, distribute the manuals, proclamation and regulations in connection with compensation for example proclamation 455/2005 and regulation135/2007.
Livelihood Restoration Measures: Livelihood and income restoration measures will be applied as indicated in this updated RAP document.
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Public Consultation: There will be a continuous public consultation process with the local community and PAPs during the implementation of this updated RAP and during the operation phase of the project road in the future. PAPs will be given continuous awareness on the procedures and guideline of the RAP and compensation payment.
At this phase, the Resettlement / Implementation committee members will prepare clear working guidelines and procedures. It will also elaborate the public and PAPs the criteria‟s for resettlement/relocation, procedures and mechanisms that are related with compensation payment for affected properties and assets. This will reduce possible complaints by PAPs and will build confidence and trust between the implementing agency and PAPs.
Compensation Payment Phase: The compensation payment phase is a stage whereby the compensation payment will be effected to PAPs. Compensation payment will be made to the proper owners of the assets. Compensation payment will be carried out for affected assets and properties on timely basis as per the valuation procedures set in this updated RAP. PAPs should be clearly informed the valuation methods and agree on the unit rates.
The payment will be effected directly to PAPs in front of representatives of PAPs or transferred through Commercial Banks or Micro Finance Institutions or Post Offices. All the compensation payments, relocation of PAPs could be completed ahead of the civil works if it is implemented as per the plan shown in the updated RAP.
Relocation and resettlement phase: - In the case of this road project most of the affected houses are located in rural sections. Farmers will construct their demolished houses in their own back yard. However, if there are HHHs who don‟t have land to shift and build their new houses the woreda administration will provide.
Relocation of Public Utilities Phase: - The project road will require the relocation of 142 electricity poles and 25 telephone poles with a total of 167 poles located on main access and both link roads. These poles will be relocated sooner the utilities owner Ethio-telecom and Ethiopian Electric Utility head offices get compensation and relocation payment.
Reporting Phase: Each Woreda administration offices and the Resettlement / Implementation committees will produce a report regarding their accomplishments for the implementation of the resettlement/relocation process and submit the report to ERA and copy to the Regional Government Offices.
Monitoring and Evaluation: There will be a regular monitoring by the supervision consultant staff and ERA. Similarly, there will be an evaluation to be carried out either by the financing institution or external consultants at least two times in the life of the project.
The following time schedule presents the proposed activities to be carried out within 3 years (36 months) and the plan is divided on quarterly basis.
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Chart 16-1: Proposed implementation process of RAP
SN ACTIONS Year 2016 Year 2017 Year 2018 Year 2019 Year 2020
J J J J J J J J J J
S S S S S
A N D A N D A N D A N D A N D
O O O O O
M M M M M
1 PRECONSTRUCTION PHASE 1.1 ERA Submits the RAP'S budget to FDRE 1.2 Approval of RAP by the Exim Bank of Korea 1.3 Establishment of RAP-Implementing Committee (IC) 1.4 Selecting the contractor for project road construction 1.5 Conduct a right-of-way survey 1.5.1 ROW Report and detailed drawings showing project land acquisition requirements submitted to ERA 1.5.2 Detailed drawings showing mains services relocation requirements submitted to service providers 1.6 Implementation of RAP 1.6.1 Conduct a one day workshop for the IC members and local authorities concerning the process and responsibility 1.6.2 Confirm compensation and rates and relocation options through consultation with RAP -IC and the Woreda Councils 1.6.3 Payment of Compensation 1.6.4 Provision of Land 1.6.5 Construction of new houses 1.6.6 Installation of Utilities for PAPs (water supply, electricity, and telephone) 1.6.7 Relocation of Public Utilities (water supply, electricity, and telephone) by service providers 2 CONSTRUCTION PHASE 2.1 Execute compensation payment for affected PAPs by borrow pits, quarry and other construction material sources 2.2 Identify all social impacts following the project road construction 2.3 Preparing LRP and VG Support Plan based on the needs assessment 2.4 Implementing LRP and VG Support Plan 2.5 Conduct public consultation with affected PAPs and stakeholders 2.6 Follow up the overall impacts of the relocation and resettlement of PAPs Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
3 MONITORING AND EVALUATION
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15. COSTS AND BUDGET
15.1 RAP Budget
An itemized budget is required for the implementation of this updated RAP including compensation payment for PAPs. An indicative cost and budget is prepared for compensation payment of affected properties and also budget for the implementation of the updated RAP including an estimated 10% contingency. The updated RAP budget specifies the mechanisms for transferring and channeling funds to responsible organizations and agencies, for disbursement to PAPs. Hence, the total estimated cost and budget will be a total of Birr 254,470,698.15.
ERA will be responsible to disburse, administer and oversee the overall budget. At Woreda level, the Woreda resettlement/implementation committee in collaboration with Express Way Contract Administration will be responsible for compensation payment and relocation activities. The details of the budget preparation and justifications are summarised below for each category; namely, compensation payment for affected properties and assets, rehabilitation support for PAPs, and project running & management cost.
15.1.1 Compensation payment
a. Compensation cost for Houses: Compensation estimates for the different types of houses are estimated on the basis of bill of quantities obtained from the Woredas and experiences from other similar projects. The compensation estimate for houses is prepared at a replacement value and no depreciation is considered. The total estimated cost for houses is Birr 3,477,731.89. b. Compensation for Fence: The estimated cost for fence is Birr 8,706,906.00. c. Compensation for Trees: The cost estimate for trees is Birr 3,182,172.00. d. Compensation for crop land on main road: The size of farmland to be lost is estimated to be 232 ha. The total estimated compensation cost for crops will be Birr 176,352,796.00(compensation for lost crop is for ten years). e. Compensation for crop for access road on main and link roads: The size of farmland to be lost on access road is estimated to be allocated as compensation for lost crop for four years. The total estimated cost for crops will be Birr 5,672,639.04. f. Compensation cost for grazing land: The estimated cost for total grazing land will be Birr 1,301,774.375. (Considering 3 years compensation period). g. Compensation for crop on camp site: The total estimated cost for all camp sites will be Birr 1,691,963.807 (considering 4 years compensation period). h. Compensation cost for crop on borrow pits The total estimated cost for all borrow pits will be Birr 10,191,880.18 (considering 4 years compensation period) i. Compensation for electricity and telephone line poles: The cost estimate for these utilities is ETB 417,500.00 j. Compensation for graves: The cost estimate for these graves is ETB 496,458.00 k. Compensation for water system: The cost estimate for compensation is ETB 12,111,457.4 l. Compensation for water well: The cost estimate for compensation is ETB 5,115
15.1.2 Rehabilitation Support
a. Support for vulnerable Households: The support for vulnerable households is estimated at a cost of Birr 2000 each for 332 vulnerable house hold heads and the total estimate is Birr 664,000.00. Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019
b. Livelihood restoration: This for livelihood and income restoration measures is estimated for 200 HH losing their houses and income at a cost of Birr 10,000 each and the total estimated cost will be Birr 2,000,000.00. c. Relocation & Rehabilitation Assistance: An estimated Birr 810,000.00 is allocated for relocation and rehabilitation. d. Legal & Administrative costs: This includes legal fees, administrative costs, tax, land registration and related costs. A lump sum of Birr 500,000.00 is estimated.
15.1.3 Project Management & Running costs a. Environmental & Social Management Costs & mitigation measures: A lump sum of Birr 2,800,379 is allocated for environmental rehabilitation, and social issues such as, HIV/AIDS support activities. The above cost estimate includes cost for awareness creation, equipment, material and staffing (1 Public Health Officer, 1 Nurse, and 1 Sociologists/Social workers and animators) to be employed during construction works. b. Budget for property valuation committee: This includes costs such as, Birr 230 daily allowances for 10 persons for two months (60 days), fuel at 20 litres daily and Birr 1000 daily vehicle cost. Table 27: Budget for valuation committee
Unit cost in Description Number No. of days Total cost Birr Allowance 10 (persons) 60 230 138,000.00 Vehicle rent 2 60 2,000 240,000.00 Total 378,000.00
A total of 378,000.00 Birr is budgeted for the property valuation committee to carry out the valuation of assets and properties.
c. Budget for Resettlement/implementation committee: It includes budget for 10 person daily allowance for 2 months for allowance; material cost, fuel and vehicle costs, Secretarial services, and Office equipment and communication costs. A total of Birr 378,000.00 allocated for the project duration. (The committee will work for 6 month starting from compensation to accomplishment month but will be on field work for 2 months)
D. Monitoring & Evaluation Cost: There will be regular monitoring of the RAP implementation and periodic evaluation and for this a lump sum of Birr 1,500,000 is allocated for the three years. The following table summarizes the total amount of the fund (or compensation estimate) that is required for the implementation of this RAP by its cost item. The budget is divided into main categories. The first category deals with compensation payment, the second section with rehabilitation support and the third category is for project management / administrative costs.
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Table 28: Detail Budget for implementation of RAP Item Description Budget(Birr)
A. Compensation costs
Compensation cost for houses 3,477,731.89
Compensation cost for fences 8,706,906.00
Compensation cost for trees 3,182,172.00
Compensation for crop land on main road 176,352,796.00
Compensation for crop for access road on main and link roads 5,672,639.04
Compensation for crop on camp site 1,691,963.807
Compensation cost for crop on borrow pits 10,191,880.18
Compensation cost for electric poles 417,500.00
Compensation for graves 496,458.00
Compensation for water system( water lines) 12,111,457.4
Compensation for water well 5,115.00
Sub-Total 222,306,619.32
B. Rehabilitation measures
Vulnerable House hold assistance 664,000.00
Livelihood and income Restoration 2,000,000.00
Relocation and rehabilitation Assistance 810,000.00
Legal and administrative costs 500,000.00
Sub-Total 3,974,000.00
C. Project Management and other costs
HIV/AIDS support activities 2,800,379.00
Cost of property valuation committee 378,000.00
Cos of Resettlement (compensation) committee 378,000.00
Monitoring and Evaluation Cost 1,500,000.00
Sub-Total 5,056,379.00
Total (A+B+C) 231,336,998.32
Contingency (10%) 23,133,699.832
Grand Total 254,470,698.15
The above cost and budget estimate is prepared on the basis of the requirement as compensation payment for PAPs and also the budget required for implementing this up dated RAP.
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16. Monitoring, Evaluation and Reporting 16.1 General
This monitoring and evaluation process should be an integral part of this RAP and will be a device for overseeing the implementation of RAP and the extent to which it complies with the recommendations set out in the RAP. Lessons learnt from the monitoring and evaluation results will be used to enhance the preparation and implementation of this updated resettlement action plans. The monitoring and evaluation process should be as much as possible participatory whereby all the stakeholders namely PAPs, Woreda, Municipality and Kebele administrations are involved. 16.2 Internal Monitoring
The overall objective of internal monitoring is to ensure that implementation complies with the approved RAP. The specific objectives are to: Check the achievement of the acquisition and resettlement process against the planned time schedule and budget; Ensure that the channels of communication and consolation between the administrators and affected persons have been established and are operational; Ensure that compensation payments for affected persons are paid in full and in a timely manner; verify that the processing of grievances has taken place within the given time limits; Closely watch the adherence to lawful approved allocation of acquisition and resettlement funds so as to ensure the absence of corruption. Internal monitoring will be the overall responsibility of the resettlement implementation agency (ERA). Monitoring and evaluation will be a continuous process. The day-to-day field supervision will be conducted by the Resident Engineers and reported in the monthly and quarterly progress reports, which are subject to review by ERA. In addition, an independent consultant (social scientist) will be hired to conduct an independent monitoring of the implementation of social impacts mitigation measures. ERA will continuously take stock of all expropriation and compensation reports and discuss them on regular basis. ERA will produce quarterly progress reports. Municipality and Kebele level reports will be prepared on a monthly basis to be submitted to the woreda administration, so that prompt action can be taken if necessary by higher- level officials without adversely affecting the RAP execution.
16.3 External Monitoring
The key indicators for external monitoring will focus on outputs and impacts. External Monitoring will be conducted by an independent consultant who will be hired to supervise the RAP and the Social Mitigation Plan. The consultant will conduct an evaluation of the implementation of the RAP prior to the start-up of the road construction and will continue to monitor the progress of the RAP and the Social Mitigation Plan during construction of the road as well as monitor the impact of the RAP using the key output indicators. The monitoring process is an integral part of the RAP and it will oversee the re- establishment process of the Project Affected People (PAP). It will be a compliance monitoring and will assist to follow the type of measures incorporated in RAP documents and the extent to which recommendations on these matters, as set out in the RAP are complied with. It is the objective of ERA to use lessons from the monitoring and evaluation results to enhance the preparation and implementation of future resettlement action plans.
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16.4 Monitoring Plan
The monitoring and evaluation process if possible should be Participatory Monitoring and Evaluation including all the stakeholders (PAPs, Zonal, Woreda and Kebele administrations, NGOs, other Government organizations and host communities). ERA will be responsible to monitor and evaluate the compensation payment and RAP in consultation with the independent consultant and if necessary with Woreda/Municipality/kebele administration offices and the PAPs by adopting the following process and output indicators:
1. Pre-construction Phase: Compensation to be made according to agreement; Appropriateness of the time schedule for RAP; Public infrastructures and social services needs to be re-established; Support and assistance to vulnerable groups and women;
2. Construction Phase Compensation to be made for additional land requirement; Restoration and restitution of PAPs in the new site; Contractor operates within the boundary of handed over area; Appropriateness of grievance redress mechanism;
3. Post Construction Phase Land taken temporarily is well restored and returned to PAPs Evaluate PAPs‟ socio-economic situation vs. a baseline situations
Table 29: Output indicators with tentative implementation timeframe Indicator Time Frame
Establish RAP Implementation Committees at all levels Three to five months before handing over project to the Contractor (week one) Conduct workshop for the RAP Implementation Week two after committee has been Committees and local authorities concerning the process established and responsibility Confirm compensation and rates and relocation options From week three to week seven through before the starting of construction Payment of Compensation Three to Six month before the starting of construction Provision of land Three to Six month before the starting of construction Construction of new houses Three to six month before the starting of construction Installation of utilities for PAPs (electricity, and telephone) Three to six month before the starting of construction Relocation of public utilities (electricity and telephone) by Three to six month before the starting service providers of construction
The monitoring report by the RAP-Implementing Committee will be submitted to the local authority (woreda for rural areas and municipality for towns). A copy of this updated RAP document will be submitted to the Zone and Regional State Bureau of Land & Environmental Protection and by the SMT of ERA. It will also be enclosed in the
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Mojo-Hawassa Highway Project Ethiopian Road Authority (ERA) Updated Phase: I Lot: II Meki-Zeway Section (37Km) Final Resettlement Action Plan (RAP) May, 2019 construction progress reports submitted by supervising engineers. Only in this way can RAP implementation be monitored and problems identified and quickly resolved. The main purpose of monitoring will be to verify: If Actions and commitments described in the RAP are implemented. If Eligible project affected people receive their compensation prior to the civil work. The magnitude of RAP actions and compensation measures in restoring and improving pre-project livelihoods and lost incomes. If Complaints and grievances forwarded by project affected people are followed up and appropriate corrective measures are taken. If necessary changes in RAP procedures are made to improve delivery of entitlements to PAPs. If Compensation disbursement is made to correct parties. The physical progress of resettlement and rehabilitation. Restoration of social services and amenities. Special care and assistance provided to social groups in need of additional assistance.
All Monitoring and Evaluation Reports including Monthly and Quarterly Implementation Status Reports will be submitted to Ethiopian Road Authority (ERA) on regular basis. 16.5 Gender Monitoring and Evaluation in RAP
During the updating of this RAP document both positive and negative gender related impacts were isolated and gender issues have been analysed and mitigation measures to curb gender related negative outcomes put in place as well as benefit enhancement measures were identified, such as equal employment opportunities, attention to women during resettlement, targeted HIV/AIDS messages to women and girls are some of them. In order to address these and other issues that were raised, the project has to incorporate Gender Mainstreaming Plan of Action to be carried out during implementation and it should be in line with the ERA‟s gender policies. The gender Plan of Action, among other things, will empower women through ensuring that women are encouraged to seek employment in the project and that they are not discriminated against in the recruitment process.
The contractor Daewoo E&C Co. Ltd signed a sub contract agreement with Yeroam Consultancy, which is Ethiopian origin and worked on HIV/AIDs and gender issues is recruited by the contractor for the implement HIV/AIDS; STD program. The total budget for the program is USD 103,717.75 which is ETB 2,800,379 for 40 Months. The specialized service provider will combine the delivery of Gender Mainstreaming Plan of Action with HIV/AIDS, STD awareness and prevention program.
The day to day activities of the HIV/AIDS, STD and Gender activities will be monitored by the Environmental and Social Management Unit (ESMU) of the supervision consultant. The specialized service provider will prepare monthly and quarterly reports to be submitted to the supervision consultant. The reports will provide updated information including HIV/AIDS, STD and Gender program implementations highlighting key issues and problem areas and recommended measures for resolving identified drawbacks. The supervision consultant will forward the progress reports to ERA‟s Women‟s Affairs Directorate (WAD). ERA‟s Women‟s Affairs Directorate (WAD)will monitor the progress of the Gender not only through these monthly and quarterly reports but will also make at least two field visits annually to the project site. 16.6 Monitoring and Evaluation of the GRM Monitoring and evaluation (M&E) is a process that helps to improve performance and achieve results or meet the project development objectives. M&E is used for measuring
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References
1) ERA, Environmental and Social Management Manual Vol. I & II, 2008. 2) ERA, Environmental Procedure Manual, 2001. 3) ERA, Workplace HIV/AIDS Policy, 2004. 4) ERA, Resettlement/Rehabilitation Policy Framework, December 2006 5) FDRE, Constitution of Federal Democratic Republic of Ethiopia, 1995. 6) FDRE, National Policy on Women, March1993. 7) Ministry of Women‟s Affairs, National Plan of Action for Gender Equality, 2006. 8) FDRE, the Environmental Policy of Ethiopia, 1997. 9) FDRE, A Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002). 10) FDRE, Proclamation on expropriation of land holdings for public purposes and payment of compensation (Proclamation No. 455/2005). 11) FDRE, Federal Negarit Gazeta, Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002). 12) FDRE, Federal Negarit Gazeta, Proclamation on Rural Land Administration and Land Use (Proclamation No. 456/2005). 13) FDRE, Federal Negarit Gazeta, Council of Ministers Regulation No. 135/2007, Payment of compensation for property situated on landholding expropriated for public purposes. 14) World Bank Operational Policy (OP 4.12) on Involuntary Resettlement. WB: December 2001. 15) Dugda woreda Socio Economic Profile (2015) unpublished. 16) Adami Tulu woreda Socio Economic Profile (2015) unpublished. 17) CSA Population Projection of 2013.
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Annexes 1. Inventory of PAPS on main road. 2. Inventory of PAPs on 2 link roads. 3. Inventory of PAPS on access roads. 4. Public and stake holders‟ consultation. 5. Inventory of vulnerable HH heads. 6. Proclamation No. 455 and No.456/2005. 7. Regulation No.135/2007. 8. Unit price for different properties affected by the project 9. Photos of project road affected properties 10. Map for settlement and affected properties
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