AFRICAN DEVELOPMENT BANK GROUP
PROJECT: PROJECT TO DEVELOP CORRIDORS AND FACILITATE TRADE BETWEEN MADAGASCAR, COMESA AND INDIAN OCEAN COUNTRIES
COUNTRY: MADAGASCAR
SUMMARY OF THE INVOLUNTARY RESETTLEMENT PLAN (IRP)
Team Leader J. J. NYIRUBUTAMA, Chief Transport Economist RDGS.1
J. NDIKUMWAMI, Transport Engineer PICU.1/COBI
P. H. SANON, Principal Social Development Specialist RDGN.4
T. N. DIALLO, Financial Specialist, COCM
Team Members E. RAZANASAMY, Procurement Officer, MGFO
Y. HATIRA, Senior Environmentalist, RDGS.4 Appraisal Team S. RATOVOSON, Disbursements Officer, COMG
RDGS.0 T. MKANDAWIRE, Expert, States in Transition, Sector Director A. OUMAROU PICU
Director-General K. KAPOOR RDGS
Resident M. CHERIF COMG Representative
Sector Manager M. E. F. KANONDA RDGS.1
June 2018
SUMMARY OF THE INVOLUNTARY RESETTLEMENT PLAN (IRP)
Project Name : Project to Develop Corridors and Facilitate Trade Project No.: P-MG-DB0-017 Between Madagascar, COMESA and Indian Ocean Countries
Country : Madagascar
Department : RDGS Division: RDGS.1
INTRODUCTION
At the request of the Malagasy authorities, the African Development Bank will support the implementation of the Project to Develop Corridors and Facilitate Trade Between Madagascar, COMESA and Indian Ocean Countries.
From the environmental and social perspective, the project is classified under Category 1 in view of its scope and the main environmental and social impacts identified.
The construction of the RN9 and RNT12A, bridges and utility water crossings will result in the displacement of persons and disrupt socio-economic activities as well as the livelihoods of people located in the current right-of-way of these highways and their easements.
Thus, in accordance with the African Development Bank’s policy on involuntary population displacement (Operational Safeguard 2 – OS2), the Government of Madagascar has formulated an Involuntary Resettlement Plan (IRP) to pay compensation and resettle project-affected persons (PAPs). The objectives are to: (i) minimise involuntary displacements; (ii) where feasible, avoid the destruction of property; and (iii) compensate affected persons to make up for the loss of homes, farmlands, structures, amenities and income.
The IRP, which is the subject of this summary, concerns two corridors, namely the RN9 and the RNT12A, each of which has been covered in a comprehensive IRP. It lays out the principles and modalities for setting up the compensation and resettlement activities for PAPs, and establishes a budget and an indicative schedule for its implementation.
1. PROGRAMME DESCRIPTION, RATIONALE AND IMPACT AREA
1.1 Programme Description and Rationale
1.1.1 Programme Rationale
The insufficient and dilapidated nature of transport infrastructure constitutes one of the major impediments to the development of trade between Madagascar and other members of the Common Market for Eastern and Southern Africa (COMESA), the Southern African Development Community (SADC) and the Indian Ocean Commission (IOC), in the context of regional integration promotion. As a result of the 2009-2013 political crisis, the road network has hardly undergone any major improvement over the last ten years. Only 24.6% of the paved network is in good condition. Madagascar scores very low on the Bank’s 2018 Africa Infrastructure Development Index for transport, namely 3.01 points out of 100. Annual transportation of goods is estimated at 8 million tonnes, 3 million tonnes of which represent domestic trade in agricultural products. Hence, as part of regional integration, improving the connectivity of transport systems between the production areas and export outlets (seaports and airports) serving countries in the sub-region is key to increased trade and investment.
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The construction of the RN9 and the RNT12A will help to open up the rural and agricultural areas which, through the link with Tuléar and Fort Dauphin Ports, will provide opportunities for increased trade with COMESA and Indian Ocean countries.
1.1.2 Project Description
The Project will essentially consist of the development of two corridors, i.e. the RN9 Tuléar – Manja and the RNT12A Taolagnaro (Fort Dauphin) – Vangaindrano highways, and the improvement of SME productivity and competitiveness.
1.1.3 Project Objectives
The sector goal of the project is to help open up and improve the road transport infrastructure in Madagascar, as well as promote trade to and from Southern Madagascar.
The specific objectives are to: (i) improve accessibility conditions of Southern Madagascar; (ii) promote trade and investment through the facilitation of export and investment procedures in order to enhance the value of various products that are typical of Southern Madagascar, especially agricultural and mineral products, and tourism; and (iii) support the interconnection of maritime transport networks in the Indian Ocean and beyond.
1.1.4 Project Components
The project consists of the following four components: (i) Road Works; (ii) Related Developments (iii) Trade Facilitation and Institution Building; and (iv) Project Management and Monitoring. The table below indicates the project organisational set-up and details.
COMPONENT COST (UA M) DETAILED DESCRIPTION OF SUB-COMPONENTS
ROAD WORKS 99.86 A.1- Development and asphalting of the RN 9 section:(i) Development and asphalting of Section 2 of the RN 9 between Analamisampy and Bevoay
(Mangoky Bridge), PK 107 at 187+840 including the Ankililoaka Platform; (ii) Development and asphalting of Section 3 of RN 9 between the exit of Mangoky Bridge and Manja, from PK 202 to PK 274+844; (iii) Development and asphalting of the urban section at the beginning of RN 9 (PK 0+00 and PK 1+400); (iv) Construction of the bridge across River Ranozaza and its access points at PK 71 of the RN 9; and (v) RN 9 works inspection mission. A.2- Development and asphalting of the RNT 12A section: (i) Development and asphalting of Section 1 of the RNT 12A between Fort Dauphin and Ebakika (from PK 3 to PK 45); (ii) Development and asphalting of Section 5 of the RNT 12A Road, between Masianaka and Vangaindrano of PK 202 at PK 232; (iii) Construction of Ebakika Bridge and the Masianaka Bridge; and (iv) RNT 12A works control and supervision mission. RELATED WORKS 2.65 B.2- RN 9 Highway: (i) Construction of Antanimieva market; (ii) Strengthening of the Befandriana Trades Centre; (iii) Rehabilitation of the Ankiliabo Health Centre; (iv) Construction and equipping of the Ankiliabo, Ankatsakatsa and Befandriana gendarmeries; (v) Construction of the Manja Socio-cultural Centre; (vi) Construction of boreholes for village water supply; (vii) Supply of school furniture; (viii) Supply of farming implements to women’s groups; and (ix) Control and supervision of related works.
B.2- RNT 12A Highway: (i) Rehabilitation and equipping of schools; (ii) Rehabilitation and equipping of health facilities; (iii) Construction of 3 local markets; (iv) Supply of farm equipment for women and youth groups; (v)
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Construction of boreholes for the supply of drinking water; (vi) Construction of 30 km of feeder roads; and (vii) Control and supervision of related works. TRADE 7.66 C.1- Trade Facilitation: activities relating to trade facilitation comprise FACILITATION support to and implementation of the National Trade Facilitation AND INSTITUTION Committee’s action plan, setting up of a national goods certification system, BUILDING design and implementation of an incubation programme for exporting enterprises, and support to farmer cooperatives and SMEs; C.2- Institution building: institution-building activities entail improving the employability of young engineers and training PIU and DDP staff. PROJECT 4,68 D.1- Accounting and finance audit MANAGEMENT D.2- Road safety audit AND MONITORING D.3- Project impact monitoring/evaluation D.4- Operation of the Project Implementation Unit NB: UA rate of May 2018 of UA = USD 1.44
1.1.5 Project Cost and Finance
The total project cost of UA 114.85 million, equivalent to USD 165.38 million or MGA 532.48 billion, will be jointly financed by the AfDB Group (UA 62.386 million), OFID (UA 9.03 million), EU (UA 32.99 million) and the Government of Madagascar (UA 10.44 million).
1.2 Project Impact Area
The project essentially consists of two corridors, one in South-West Madagascar and the other in South-East Madagascar: specifically, two road corridors, namely the RN9 in the South-West stretching from Tuléar to Manja, and the RNT12A in the South-East from Fort Dauphin to Vangaindrano.
The RN9 has already undergone some development from PK 0 (Tuléar City) to PK 107 (Analamisampy). This second phase will entail an additional development of the corridor over 165 km, including an 880 m-long bridge on the Mangoky River. For the RNT12A, Phase 2 will cover the portion stretching from Fort Daupin to Vangaindrano over 232 km.
The partially developed RN9 passes through Atsimo-Andrefana and Menabe Provinces, and links Tuléar Port to the north in Manja, and towards the RN35 that ends at Morondava Port. This road links the South-West to the capital Antananarivo, and to the Mozambique Canal through Tuléar Port. For its part, the RNT12A links the Anosy Region and Atsimo Antsinanana Regions to the north and the Ehoala Mineral Port in Fort Dauphin City. This is the only major road that links all the landlocked municipalities downstream (Ebakika, Manambato, Esama, Befasy, Masainaka and Vangaindrano). The map below indicates the 2 corridors to be developed.
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Population
The two Districts of the Atsimo-Andrefana Region (Toliary II and Morombe) and Manja District in Menabe Region are linked by the RN9 to be rehabilitated. These districts are among the least populated, with an average density below the national average (between 0 and 5 inhabitants/km² except in urban or farming areas), and have an estimated population of 456 651 inhabitants (2013). With a growth rate of about 1.2%, the population is relatively young: 84% are under 45 years of age. The male population is slightly higher than the female. Household sizes vary from 4.3 to 4.6 in both districts. The average age of the population is below 22. The workforce (between 15 and 64 years) accounts for 50.4% to 54.7% of the entire population.
The Taolagnaro and Vangaindrano Districts have a population of 294 496 (2016) and 329 596 (2013), respectively. In contrast, the average population density is estimated at 49.51 inhabitants/km² for the Taolagnaro District (in 2016), and 43.2 inhabitants/km² for the Vangaindrano District (in 2013). Thus, although Vangaindrano District is the most populated, the population density in Taolagnaro District is higher. Population growth in Anosy Region stands at 2.9% and that of Atsimo-Atsinanana at 2.7%. The Anosy Region population is expected to increase to a little over a million by 2030. Average household size in Anosy and Atsimo Regions stands at 4.6 and 5.5, respectively. Compared to the national average, the average household size in the two regions is high.
There are three major population groups in the Atsimo-Andrefana Regions: (i) indigenous communities made up of the Masikoro, Bara, Vezo and Mahafaly ethnic groups. They are in the majority and represent 60% of the total population of the Region; (ii) non-indigenous ethnic groups made up of the Antanosys 5 and the Antandroys. These account for 30% of the total population; (iii) lastly, a group comprising of recent immigrants: Antaisakas, Antaifasys, Betsileos, Marinas, Sakalavas, and Koras (from the South- East) who are a minority in the Region. To these groups may be added expatriates consisting essentially of Europeans (French, Italians, etc.), Indo-Pakistani and other Asians. The Sakalavas are the most dominant ethnic group in Menabe Region.
The largest ethnic groups in Anosy Region are the Antanosys and the Antandroys, followed by the Tavaratras, the Merinas and the Betsileos. The largest group in the Atsimo-Atsinanana Region are the Antesakas, followed by the Antefasys, the Sahaftras, the Merinas, the Betsileos and the Baras.
Economic Activities
The economy of the Atsimo-Andrefana Region is dominated by agriculture, livestock farming, fisheries and mineral resources. Eighty-two per cent (82%) of the working population live in the rural areas and depend on agriculture and livestock for their livelihood. Irrigated crops are highly speculative but limited in space and cultivated around watercourses such as the Mangoky and the Manombo. Dry season crops (called baiboho) are the oldest and are confined to valleys with permanent rivers and streams. Traditional rain-fed crops, which are the most widespread, use the hot season rains to the maximum. Cultivated land represents only 1.60% of the total area of the region. Most farms are of the traditional type and farmers principally use the spade (angady), although the use of animal traction is growing, especially in cotton cultivation. Livestock rearing plays a major role in the socio-economic lives of the communities of the South-West Region. The main livestock areas include the vast rangelands of Masikoro and the Mahafaly peneplain where cattle, pigs, sheep, goats and poultry are raised. Fishing is the main activity of the coastline villages of Toliara, especially in the Toliara II villages. In view of the limited opportunities for agriculture and livestock as well as the dryness of the area, but with the high potential in marine resources, the people engage mostly in fishing. However, this activity still remains largely traditional or family-based.
In general, the agricultural sector employs most of the workers in the Anosy and Atsimo-Antsinanana Regions. Compared to the national value (72.7%), the rate of farming is high (81.85%). The methods used are mainly traditional involving simple implements (spade, angady and plough). Over 60% of farmlands use traditional irrigation methods (canal irrigation and rain harvesting), which can only be used for small schemes. Fertilisers are still hardly used and limited to only 5% of the farmlands. Where manure is used, it is generally in the form of organic fertiliser. Similarly, the use of agrochemicals and improved seeds/plants is scarce, involving less than 1% of farms. Livestock rearing is widespread, not only by the size of herds, but also in terms of the variety (cattle, pigs, goats, sheep and poultry). The area is known for semi-extensive raising of small ruminants, sheep and goats, in addition to cattle. The Anosy and Atsimo-Antsinanana Regions are rich in fishery resources and the methods used are of the traditional type, be it for sea, brackish or fresh water fishing. The Anosy Region is famous for its fishery resources and for the organised production of high-value sea products such as lobsters, shrimps, tuna, crabs, fish, shark fins, mussels, etc. In contrast, in the Atsimo-Atsinanana Region, river and sea fishing are predominant. The Anosy and the Atsimo-Antsinanana Regions have vast mineral resources with industrial minerals such as ilmenite, bauxite, zircon, mica, gold, sapphire, beryl, garnet, amethyst and crystal. The existence of many major investment projects in this sector in or near the area, could account for the high employment rate (67.4%) compared to the national average. (60.6%).
Social Infrastructure
In the Atsimo-Andrefana Region, drinking-water supply is inadequate. Available data indicates that only 23.8% of municipalities (“communes”) have standpipes. Often, this is compounded by the poor quality of the water. With regard to the education level, 55% of children in the region are classified as uneducated. The monographic surveys of 2009 show that although all the region’s communes have at least one public primary school (EPP), they lack sufficient classrooms (there are more pupils than available places). About 50.9 % of the communes of the regions have first-cycle secondary schools (CEG), a proportion which is lower than the national average. The Districts of the Region have a fair
6 distribution of public senior secondary schools (lycées d’enseignement publics). Access to basic social services is practically non-existent in virtually all the urban areas and villages. Health care is still in the form of traditional medicine. Malaria, respiratory infections and sexually transmitted diseases are the most common in the project area.
Net primary enrolment rates in Anosy Region (41.6%) and Atsimo-Atsinanana Region (53.4%) are lower than the national average. In fact, there is a lack of school infrastructure and teachers in the project impact area. To this may be added the people’s strong attachment to farming. Depending on the local population group, the introduction of new knowledge through school education could hinder the preservation of cultural practices. The proportions of individuals in the region aged above 15 years and without formal education are exceedingly high. With 76.5%, the Atsimo-Atsinanana Region has the highest proportion of such persons.
In the Anosy and Atsimo-Antsinanana Regions, major water supply sources are unprotected or made up of wells without pumps. In comparison with the national average (27.7%), access to improved drinking- water sources is low in Atsimo-Atsinanana Region (8.9%), but high in Anosy Region (29.2%). This low access rate is the result of the ageing water supply infrastructure and the inadequate use of existing ones, rapid population growth and insufficient monitoring/evaluation of the activities of water sector stakeholders.
1.3 Project Beneficiaries
The project will improve the mobility of people and goods in the Anosy, Atsimo-Antsinanana and Atsimo-Andreanna Regions. It will address the needs of users of roads passing through the project area. It will help to develop the activities of Tuléar and Ehoala Ports in Fort Dauphin City. The road will foster the growth of industries at the ports and the intensification of their production and commercial activities. During the implementation phase, the project will provide a number of economic opportunities (employment, enhancement of the value of local products, etc.). It will also help to improve the socio-economic conditions of local communities who would reap the benefits of the cash spent by project workers, the creation of direct temporary employment during works execution, and the development of new access roads that will open up the area.
2. POTENTIAL IMPACTS
In view of the fact that the potential impacts on the human and natural environments have already been comprehensively presented in the Environmental and Social Impact Assessment (ESIA), this section will only dwell on the impacts on the human environment in terms of expropriation of land and socio- economic hardships resulting from the release of the road right-of-way and execution of works, with a view to minimising the adverse effects that may arise.
It is worth noting that the sizing and location of the works were limited, depending on the area involved (open country or built-up areas), to minimise the inconveniences that could be caused to residents located in the project’s right-of-way.
2.1. Sources of Impacts
Activities that are likely to cause the displacement of communities or loss of income-generating activities include: deforestation, dynamiting activities in quarry areas, establishment of a base camp, right-of-way preparatory works, opening of borrow areas and extraction of quarry materials, excavation works (cut and fill), construction of bridges, drainage, waste disposal, asphalt preparation, construction of expressways and interchanges.
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2.2. Potential Project Impacts
Project implementation will have both positive and negative social impacts as outlined below:
Positive Social Impacts
The positive impacts of the project during the preparatory, construction and operational phases of the roads are described below. The project will:
• Improve the mobility of the population and goods in the project area • Enable the inhabitants of the regions to live in an accessible and more hygienic environment • Help create temporary and permanent jobs. During the construction of trunk roads, it will also help create over 2000 direct employment, skilled and unskilled, at least 15% of which will mostly benefit women • Enable industries at Tuléar and Ehola Port to grow and intensify their production and commercial activities • Reduce the cost of transport for users, especially for heavy trucks providing a more direct transport link • Increase time-savings for users, especially by reducing the average journey time • Reduce the number of accidents, by improving the service levels of the roads.
Negative Social Impacts
The negative impacts on the human environment are:
• Disturbances to the population: The road construction works on the extension road will inevitably cause additional traffic on urban roads leading to the project site. This will result from the movement of workers and transportation of construction materials and quarry products. The main disturbances affecting the population will be similar to those that characterise most construction site. • Impact of release of right-of-way: The construction of the two main highways, namely the RN9 and the RNT12A, will result in the loss of a variety of assets and property: farmlands and a range of crops, homes and adjoining structures (verandas, external kitchens, outhouses, sheds, kiosks, fences etc.), undeveloped lands, sharecropping farmland, businesses, and temporary loss of sources of income, etc. Thus, according to the Involuntary Resettlement Plan (IRP) submitted, 1421 households comprising an estimated 6395 persons would be affected on the RNT12A and 159 households with 731 persons on the RN9. • Impacts on the cultural heritage: Possible impacts on the cultural heritage would occur especially during the works phase. • Impacts on public service infrastructure and commercial facilities: The movement of heavy and transport vehicles can damage the road surface, since they also leave behind concrete rubble, sand and mud on access roads to the work site. This could cause inconvenience resulting in complaints in the vicinities. Thus, the construction phase is likely to disrupt commercial and artisanal activities in the urban and semi-urban area, if access roads and the traffic are not properly managed. • Health and Safety: For the construction site workers and the local community, the works may cause accidents due to the movement of equipment and vehicles, the handling of hazardous products and falling objects. Additionally, there is a high risk of 8
the spread of STI/AIDS following the influx of people into the project area. There is also increased risks of gender-based discrimination and violence during the resettlement phase. There will also be risks of drowning during the construction of bridges.
3. ORGANISATIONAL RESPONSIBILITY
In addition to the Project Management Unit (PMU), which is responsible for the project implementation and therefore the IRP, with the presence of an expert in social development, the implementation of the IRP will require three other key entities, namely:
➢ An agency to implement resettlement activities, also called supporting NGO
➢ An entity responsible for the actual payment of compensation and provision of support
➢ A dispute resolution committee.
3.1 Organisational Structure
The organisation of implementation of this Resettlement Plan will be relatively simple and in the form of a two-tier structure, as indicated below.
PROJECT MANAGEMENT UNIT
DISPUTE RESOLUTION COMMITTEE “PAYMENT” ENTITY NGO OR SUPPORTING AGENCY
3.2 Roles and Responsibilities of Each Entity
3.2.1 Project Management Unit
The PMU will coordinate, implement and monitor all IRP-related activities (overall coordination of IRP implementation). It will be the Delegated Contracting Authority of the Ministry of Public Works (MTP) and will report to the latter on its activities and performance.
The overall responsibility of the PMU will include:
➢ Scheduling, planning and coordination of the tasks of various entities involved in the project
➢ Legal and judicial monitoring of IRP activities to ensure compliance with national regulations and AfDB requirements
➢ Periodic (quarterly) information to various stakeholders on implementation of IRP activities
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➢ Undertaking procurement activities for the recruitment of the NGO/Supporting Agency to assist in the activities related to the institutional and social management aspect of IRP implementation.
3.2.2 Dispute Resolution Committees
The dispute resolution committees (CRL) are made up of the various committees put in place either in the districts or the region.
The CRL receives the grievances and complaints from a given PAP or another person. It reviews and manages the cases:
➢ Where the grievance or complaint is pertinent, it will be dealt with in accordance with the procedures described in Chapter 8,
➢ Where it is not, a written reply will be sent to the complainant.
The support NGO will supervise and coordinate the handling of these complaints.
3.2.3 Payment Entity
The Road Authority of Madagascar (ARM) will be responsible for the administrative payment of compensations. To ensure transparency in the treatment of cases, a payment agency will be recruited for compensation planning and payments.
For the payment process, the agency will operate as a payment window and implement the administrative payment process, with the support of the supporting NGO/firm.
The administrative payment of compensations will be divided in two parts depending on the legal status of the property affected, namely titled or otherwise:
➢ Payment of compensations for titled property - land and buildings: once the compensation is entered in the Treasury account and the Expropriation Order issued, and following the notification of the PAPs, payments will be made to the latter upon the presentation of the following documents: land title, notification slip and a national identity card. The payments will be made at the Treasury with the involvement of the following entities: representative of the Lands Department and a representative from the Ministry of Finance for the confirmation of the titles submitted.
➢ Payment of compensations (for untitled property and activities): the compensation amounts will be transferred into another account. The relevant procedure will be put in place, discussed and formalized, together with the Treasury.
3.2.4 Supporting NGO
The supporting NGO, whose role will be key, will have the following responsibilities:
➢ During the IRP preparation and implementation:
• Communicate with the households, provide them additional explanations on the compensation, timetable, and status of implementation
• Check the list of amounts owed, reconcile the various inventories, assessments by CAE and socio-economic surveys
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• Design and update a database on the PAPs (ID, telephone numbers and address) that will be reflected in each PAP’s notification slip
• Establish a list of beneficiaries to be validated successively by the CAE and financial comptroller at the MFB.
➢ During the compensation payment phase:
• Prior to payment of cash compensation, inform the interested parties as well as the Fokontany about the dates, place and documents required
• Hand over individual notifications to each recipient
• Assist households during the payment of compensations (securing of funds)
• Where necessary (at their request), advise households on the use of cash compensations.
➢ During the IRP phase:
• Support to affected vulnerable households (for example, during the administrative procedures, nutritional support to young children, support for relocation, etc.)
• Support for persons presenting grievances. The first level of processing of grievances will be with the NGO before other levels (CCRL, CRRL and COPIL)
• Monitor the activities of PAPs with a view to advising them
• Ensure that all the activities and procedures in the IRP eschew or minimise all forms of discrimination kind against women and other vulnerable social groups
• Play an interface role with the PAPs during supervision missions by donors or independent evaluators.
3.3 Stakeholder Capacity Building Plan
To ensure the effective implementation of the IRP, it is essential that the relevant staff of the principal institutional entities concerned are trained and become familiar with the IRP and its arrangements. Entities concerned by the IRP implementation are the following: Ministry of Public Works (MTP), Madagascar Road Authority (ARM), project promoter, titular contractor of works and its subcontractors, the Control Mission (MDC), municipal authorities and services, and PAPs.
4. PUBLIC PARTICIPATION / CONSULTATIONS
In accordance with Bank procedures, public consultation was held with the local residents, project- affected persons, local authorities and State agencies during the formulation and validation of the ESIAs and the IRP in the localities along the two highways.
4.1 Public Consultations
A public consultation to gather the views and grievances of the population about the project was conducted at the preparatory phase. This was in two stages: the first was to formulate the ESIAs and direct the proposed accompanying social measures, and the second held at national level during the formal assessment of the environmental and social impacts by the relevant environmental authorities, was embodied in the formulation of the PAR. The public consultation
11 strategy systematically consisted of two distinct stages: (i) an information phase on the project and its challenges, including the purpose and goal of the inventory of property in the regulatory right-of-way; and (ii) a phase for collecting the concerns and recommendations of all stakeholders.
For RN9, the first set of consultations with the population and the NGOs, in coordination with the local authorities, constantly guided the field work and investigations of all project managers. These were various meetings conducted with the parties concerned at the start of the second half of 2015 that continued from January to May 2016 and later in February 2017, to inform them about the project components and at the same time gather their views on the environmental and social issues peculiar to their localities. This was to ensure that their concerns were taken into account during the formulation of the ESIAs. The views collected mainly related to the challenges of returning the right-of-way of the road to the State, sizing the right-of-way to ensure that the least number of people and houses were affected, the methods of compensation and principles to be followed to ensure transparency and total fairness of the compensation process. Preliminary consultations conducted among the Fokontany indicated that, generally, the people were not opposed to an involuntary displacement intended to free the road’s right-of-way and to avoid any impediments to the location and construction of the highway. However, an amicable settlement that took into consideration the interests of the administration and the population should be found on a case-by-case basis.
For RNT12A, consultations with the parties began in May 2015 and continued during the formulation of the ESIA and PAR, from June to July 2016 and helped to collect data that was not available in the documents reviewed. Thus, meetings and discussions were held with the relevant authorities (Deputy Chief District Executives, mayors, etc.) and the local communities. Public consultations were also held to inform the population about the project and gather their views thereon. The outcomes of the public consultation are presented below:
• Presence of PAP representatives at the various compensation cost assessment and dispute management fora
• Recruitment of local youths for the rehabilitation and asphalting works
• Assurance that no demolition would occur as long as the issue of compensation for affected property has not been effectively addressed
• Prior information to PAPs on the starting date of payment of compensation and, for security reasons, the amounts to be received by the PAPs should be communicated in a discreet manner and on an individual basis
• Prior notice to PAPs on the date of demolition of their properties located in the right- of-way
• The fact that no Chinese contractor had been selected for the project implementation
• Start of works this year
• Downsizing of the right-of-way in towns
• Upward revision of the size of the right-of-way outside towns
• Compensation for untitled and unregistered lands, and
• The flexible choice of the road axis.
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Consultations were also held during the environmental impact assessment conducted by ONE as part of the assessment of the application for an environmental permit for projects (in October 2017 for RN9 and in May 2017 for RNT12A).
Finally, a head count of the project-affected persons and a household survey were conducted to inform them individually, identify PAPs to be indemnified, distinguish vulnerable groups among them for whom compensations and support are to be provided, and undertake classification of the compensations by the nature of impacts.
4.2 Future Consultations
During the planned review of the IRP and prior to its effective implementation, it is expected that a Stakeholders Engagement Plan (SEP) would be produced to serve as a tool for identifying and mobilising all the individuals, groups and institutions concerned by the project. This would help clarify and better manage the interests, fears, motivations and expectations of various project stakeholders. It will also lead to the formulation of a structured communication system and proposals for collaboration in response to the motivations and competencies at the local level. Furthermore, the SEP will contribute to the intensification and formalisation of interactions between various stakeholders, and establish the social legitimacy of the project. It constitutes a key instrument of governance for preventing tensions and conflicts as well as fostering cooperation around project activities.
The SEP will include the information-education-communication (IEC) component of project implementation comprising: (i) sensitisation of the population on health, prevention of ISTs and early motherhood as well as gender-based violence; (ii) raising the awareness of the population on road safety; (iii) public education on environmental protection; and (iv) raising public awareness on infrastructure ownership and management.
4.3 Public Disclosure
The findings of the ESIA and the IRP were disclosed in the project area in accordance with national regulatory requirements related to impact assessment studies. With regard to the Bank’s consultation requirements and, in line with the ISS, this summary will be published on the Bank’s website for a period of 120 days prior to its presentation to the Board of Directors.
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5. SOCIO-ECONOMIC STUDIES
5.1 The RNT12A
Overall, 1421 households affected by the project were identified, comprising 572 PAPs in the Anosy Region and 849 in the South-West Region. Based on an average of 4.51 persons by household, the total number of project-affected persons (PAPs) is estimated at 6395.
The majority of the survey respondents engage in trading activities, which are particularly suitable for the main highway, especially in the town centre.
Studies carried out on the ground identified 90 stalls, 906 houses, 8 fence walls, 46 titled plots of land of 1.14 ha, 14 754 perennial cash crops and 5.95 tonnes of food crops (rice, beans, cassava, sweet potatoes, maize and cocoyam).
Households with permanent structures (hut, stall and fence) on the right-of-way: Huts to be demolished are mainly used as dwellings and for commercial purposes. The stalls are used for petty trading (coffee and mofo, small food joints, sometimes selling rum and cigarettes). Fences are used to mark out properties for protection purposes. Details of these structures are indicated in the table below:
Table 1: Number of PAPs who would lose built property Municipalities (Communes) House Fence wall Stall TAOLAGNARO 38 5 39 AMPASY NAHAMPOANA 107 14 BEKARAOKY 8 1 FENOAMBANY 36 1 IABOAKOHO 26 9 MAHABE 60 MAHATALAKY 39 5 MANAMBONDRO 91 MANANTENINA 36 12 MANDROMODROMOTRA 11 8 MAROKIBO 1 MASIANAKA 65 2 SANDRAVINANY 2 SOAVARY 7 VANGAINDRANO 106 Total 633 8 88 Source AIC PROGETTI Survey, June-August 2016 Households with land: Three types of land were identified on the right-of-way: undeveloped plots, rice fields and crop fields. Forty-one (41) PAPs will be compensated for lost land.
Table 2: Number of PAPs who would lose land Undeveloped Municipalities (Communes) Rice fields Crop fields land TAOLAGNARO 4 1 AMPASY NAHAMPOANA 21 27 BEKARAOKY 1 FENOAMBANY 5 IABOAKOHO 1 6 MAHABE
1 ENSOMD Report 2012-2013 (Socio-demographic characteristics of the population), page 6 14
MAHATALAKY 8 10 MANAMBONDRO 11 5 3 MANANTENINA 1 MANDROMODROMOTRA 1 MAROKIBO 2 MASIANAKA 10 SANDRAVINANY 3 SOAVARY 1 VANGAINDRANO 64 47 5 Total 120 76 41 Source: AIC PROGETTI Survey, June-August 2016
Households with crops: Two types of crops were identified: (i) annual crops (rice, cassava, sweet potato, cocoyam, maize, etc.) owned by 192 households; and (ii) perennial crops (ampalibe, papaya, clove, orange, etc.) owned by 809 PAPs.
Table 3: Number of PAPs who would lose their crops Perennial Municipalities (Communes) Annual Crop Crop TAOLAGNARO 4 6 AMPASY NAHAMPOANA 21 105 BEKARAOKY 46 FENOAMBANY 5 110 IABOAKOHO 7 41 MAHABE 117 MAHATALAKY 18 91 MANAMBONDRO 16 49 MANANTENINA MANDROMODROMOTRA 4 56 MAROKIBO 10 MASIANAKA 10 119 SANDRAVINANY 3 20 SOAVARY 1 10 VANGAINDRANO 103 29 Total 192 809 Source: AIC PROGETTI Survey, June-August 2016
5.2 RN9
Overall, 159 households affected by the project were identified in the survey, of which 33% located in Antanimieva Fokontany (Fokontany = village or group of villages) and 27% of households in Soahazo Fokontany. Based on an average of 4.6 persons per household, the number of PAPs is estimated at 731.
Vulnerable groups identified comprise: 94 single-parent households headed by a woman; 98 households with more than 5 children aged below 18; 23 households with persons aged over 60.
In the four affected communes, the majority of households identified derive their income from trade, agriculture, stock rearing and fishing, and most of the PAPs (88% of households) are traders.
For the Antanimieva and Soahazo communes where the greatest number of PAPs to be relocated live, traders constitute 88% and 62% of the households affected, respectively. They are mainly grocers, food sellers and traders in vegetables, fruits and local products who conduct their trade under shelters with or without stalls.
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The total farm area lost is in Ankiliabo covering about 15 000 m² or 1.50 ha.
The structures affected in all four communes are mainly used for commercial purposes or as a dwelling place. The table below indicates their distribution:
TABLE 4: NUMBER OF STRUCTURES AFFECTED Type de structure Number Ankatsakatsa Ankiliabo Antanimeva Soahazo Total Housing 20 30 23 23 96 Shelter 1 4 26 9 40
Cabin 4 0 0 1 5
Stall 1 2 2 3 8
Other 5 5 10 20 TOTAL 26 41 56 36 169
Other types of Number structures Ankatsakatsa Ankiliabo Antanimeva Soahazo Total House fencing 12 4 10 17 43 Land fencing 1 1 TOTAL 12 4 10 18 44 Other structures comprise a rice field and a pig farm (valan’omby). The project affects a significant number of traders, as indicated in the table below:
TABLE 5: NUMBER AND CATEGORIES OF TRADERS TO BE DISPLACED COMMUNES GROCERY FOOD FRUITS VEGETABLES FISH OTHER SOAHAZO 9 18 4 ANTANIMIEVA 16 34 10 ANKATSAKATSA 12 15 3 ANKILIABO 11 12 5 TOTAL 48 79 22
6. LEGAL FRAMEWORK APPLICABLE TO PROJECT
The policy, legal and administrative framework by virtue of which the IRP was established comprises:
(i) Legislative and regulatory instruments related to land administration and the expropriation process
(ii) Resettlement policy framework for transport sector projects
(iii) AfDB policy on involuntary displacement of populations.
6.1 Provisions of National Legislation
The country’s laws have legislative and regulatory instruments applicable to the preparation and implementation of an IRP, namely:
The Constitution of the Fourth Republic:
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- It states in the preamble that the State of Madagascar endorses the International Human Rights Charter as well as the Conventions on the Rights of the Child, Women’s Rights, Environmental Protection as well as social, economic, political, civil and cultural rights. Furthermore, the law promotes equal access and participation of women and men in public employment and positions pertaining to political, economic and social life.
- Article 34 subparagraph 1 of the constitution states that the State shall guarantee the right to individual property. No one may be deprived of it, except by expropriation for the purpose of public utility, subject to a fair and prior compensation.
- Under Article 43, it also stipulates that “the Higher Council for the Defence of Democracy and the rule of law shall govern the respect for the ethics of authority, democracy and the respect for the rule of law, and oversee the promotion and protection of human rights”.
Ordinance N° 62-023 of 19 September 1962 on the expropriation for the purpose of public utility, the negotiated acquisition by the State or secondary local government entities of properties and land values. This legislation provides, among other things, two (2) modalities for Government to acquire land: on a negotiated basis or through a declaration by decree of a public utility;
Law N° 2008-013 of 23 July 2008 regulating public property;
Law N° 2008-014 of 3 July 2008 on private State property, decentralised local authorities and public legal entities;
Law N° 2006-031 of 24 November 2006 defining the legal regime of private land ownership without a title;
Law 2005-019 on the status of land, from 17 October 2005, setting out the principles governing the status of lands;
Decree N° 2010-233 of 20 April 2010 defining the modalities for implementing Law n° 2008- 014 of 23 July 2008 on private property of the State, decentralised local authorities and public legal entities;
Decree N° 2008-1141 of 1 December defining the modalities for the application of Law N° 2008-013 of 23 July 2008 on public property;
Decree N° 2007-1109 on the application of Law N° 2006-031 of 24 November 2006 on the legal regime of private land ownership without any title;
Decree N° 64-291 of 22 July 1964 on rules relating to the demarcation, use, preservation and public land ownership policy; and
Decree N° 63-030 of 16 January 1963 on modalities for implementing Ordinance N°62-023 of 19 September 1962 on the expropriation for the purpose of public utility, the negotiated acquisition by the State of properties or secondary public local governments and of land value.
The process of expropriation stipulated in these legislative instruments generally observe the major stages recommended in international practice. Our on-site survey indicates that none of the respondents had duly certified documents proving that the lands really belonged to project-affected persons. Similarly, the survey conducted with the local land administration showed that the right-of-way to be released did not involve any private property, legally titled or bounded. The process of freeing the rights- of-way and their return to the State is therefore different from the one used for expropriation operations. However, in order not aggrieve the illegal occupants, this IRP followed the same process.
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6.2 Principles and Objectives Applicable to Involuntary Resettlement in Madagascar
The Malagasy legislation defines the procedure for expropriating lands that have title deeds, are officially registered or are claimed by persons who can demonstrate their traditional rights. The processes involved in involuntary resettlement are the same as those for expropriation.
Processes for determining the form and methods of compensation were discussed with PAPs, were found to be in line with the relevant AfDB policy and do not breach the Borrower’s laws and legislation.
➢ Definition of Project-Affected Persons
According to the MECIE Decree, standards recommended by international organisations affiliated to the United Nations may be used as reference in cases where national standards are either non-existent or inadequate.
However, in both the Malagasy legislation and the AfDB safeguard policies, a procedure for compensation must be triggered when a project requires the acquisition, use or restricted access to land, buildings and structures, facilities or services, or, if it requires the acquisition, use or restricted access to natural resources used by a community or group of persons.
Thus, AfDB has defined affected persons as persons physically living on the project site or those who will be displaced or risk no longer having access to resources, or losing their livelihood or spiritual links attached to the site as a result of the project. In such cases, it does not matter whether or not they have formal legal rights on the land or other assets at the time of the survey, but can demonstrate their right over such land or assets, rights that are likely to be recognised by the customary laws of the country.
They are affected by their involuntary withdrawal from lands resulting in: (i) the relocation or loss of habitat; (ii) loss of property or access to it; or (iii) loss of sources of income or livelihood, irrespective of whether or not the affected persons have to relocate to another site; or (iv) involuntary restricted access to legally designated and protected parks and areas, which impacts negatively on the living conditions of the displaced persons.
By extension, the AfDB policy applies to all affected persons, irrespective of whether they will be physically or economically displaced from their living environment.
➢ IRP Guiding Principles
The first guiding principle to be adopted in the IRP is that involuntary resettlement and acquisition of lands must be avoided or minimised as much as possible by exploring all the viable alternatives in the project design. If the involuntary resettlement and land acquisition become inevitable, then it would be necessary to provide assistance to displaced persons, irrespective of the legitimacy of their claim on the land occupation, to enable them improve or, where feasible, restore their income and standard of living.
The formulation of the IRP must consider, to the extent possible, all categories of persons with rights to the lands, including those with rights recognised only by traditional law and the community. Furthermore, as recommended by the policies of the Government of Madagascar and international institutions, this IRP provides that, where resettlement and acquisition of land cannot be avoided, the needs of vulnerable groups among the affected persons must be addressed. By this principle, the Government of Madagascar recognises that some economic, social, environmental and natural conditions can increase the vulnerability of persons and households.
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Other guiding principles to be followed for the compensation and resettlement of project- affected persons are as follows:
- Principle of participation: affected persons must be consulted and have the opportunity to participate in all the pivotal stages of the formulation and implementation of involuntary resettlement and compensation activities;
- Principle of equity and transparency: the human rights of project-affected persons must be fully upheld and the process of compensation and resettlement must be fair and transparent to afford the PAPs the opportunity to share in its benefits.
6.3 AfDB Environmental and Social Protection Policies
The project implementation must meet the requirements of the AfDB Integrated Safeguards System (ISS), including the Operational Safeguards 2 (OS2) for involuntary resettlement – land acquisition, displacement and compensation to PAPs. OS2 is meant to clarify all issues related to the physical and economic displacement that do not specifically relate to land acquisition. The specific objectives of OS2 are as follows: (i) as much as possible, avoid involuntary resettlement or minimise its impacts, when it becomes inevitable, after all other alternatives solutions of the project have been exhausted; (ii) ensure that displaced persons are effectively consulted and that they have been given the opportunity to participate in the planning and implementation of resettlement programmes; (iii) ensure that displaced persons are given substantial assistance for their resettlement under the project such that their standard of living, capacity to generate income, production capacity and all their means of livelihood are improved beyond what they were prior to the project; (iv) provide borrowers clear guidelines on the conditions they must fulfil regarding involuntary resettlement issues in the Bank’s operations with a view to mitigating their adverse effects, actively facilitating social development and establishing a viable economy and society; (v) guard against inadequately prepared or implemented resettlement plans by establishing a mechanism for monitoring involuntary resettlement programmes in Bank operations and addressing issues as they appear.
The project implementation also meets Operational Safeguards 5 relating to working conditions, health and safety.
The other relevant Bank policies and guidelines remain applicable once they are triggered under ISS. These are: (i) Bank Group’s Gender Policy (2001) – Bank Group Gender Strategy 2014- 2018 (2014); (ii) Framework for Enhanced Engagement with Civil Society Organizations (2012); (iii) Bank Group Policy on Disclosures and Access to Information (2012); (iv) Handbook on Stakeholder Consultation and Participation in AfDB Operations; (v) Bank Group Policy on Population and Strategies for Implementation (2002) and; (vi) Environmental and Social Assessment Procedures for AfDB’s Operations (2015).
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6.4 Comparison of Malagasy Expropriation Process and AfDB-Recommended Resettlement Policy
The table below establishes a comparison between Malagasy regulations and standards on expropriation and the AfDB involuntary resettlement procedures.
STAGE MALAGASY PROCEDURE AFRICAN DEVELOPMENT BANK PROCEDURE ADOPTED
Preparation
1 Preliminary identification of Preliminary identification of affected Rapid assessment of affected affected lands and their status, persons lands, investments made on them where feasible, by conducting and number of persons affected preliminary land inventories 2 Compensation plan Need or otherwise to prepare an IRP Need or otherwise to prepare an IRP 3 Public consultation/displays for Public consultation to validate and Public consultation to validate and validation and completion of complete the preliminary identification complete the preliminary inventory (application for and baseline studies; socio-economic identification and baseline studies; authorization surveys) studies on affected households socio-economic studies on affected households 4 Establishing land maps and Establishing maps, ownership status and Establishing maps (geo-referenced, inventories databases if possible), ownership status and databases 5 Eligibility: titled or surveyed Occupancy or development prior to Occupancy or development prior plots. Otherwise only the eligibility timeline to eligibility timeline developments may be Traditional occupancy accepted Traditional occupancy accepted indemnified. Identification of beneficiaries (heirs, Identification of beneficiaries lease holders, etc.) (heirs, lease holders etc.) 6 Public utility declaration decree PUD if the sub-project is declared (PUD) to be of public utility 7 Setting up of an Administrative Setting up of an Administrative Setting up of an Administrative Commission to determine Commission to determine Commission to determine compensations compensations compensations Accompanying measures and Accompanying measures and organisation of resettlement organisation of resettlement. Evaluation of compensations in relation to cost of replacement based on current market prices. 8 Production of a report by the Production of and IRP Production of an IRP Administrative Commission 9 Public consultations to make the various Public consultations to make the IRP components known, including various IRP components known, options available to affected persons and including options available to to solicit their comments and affected persons and to solicit suggestions their comments and suggestions 10 Revision of report by the Head of Revision of IRP in light of the outcomes Revision of IRP in light of the Department at the Directorate of of the public consultation outcomes of the public Property and by the Ministry(ies) consultation under which the sub-project falls 11 Approval of report by the Approval of IRP by the Government of Approval of IRP by Ministry(ies) Ministry of Finance Madagascar and AfDB responsible for the sub-project, the Ministry of Finance, the African Development Bank and other donors, where applicable
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STAGE MALAGASY PROCEDURE AFRICAN DEVELOPMENT BANK PROCEDURE ADOPTED
12 Budgeting of compensation and Budgeting of compensations and other Budgeting of compensations and other costs by the Ministry of costs by the Borrower other costs by Borrower(s) Finance for a sub-project of public utility Implementation 13 Notification of compensations to Meetings with affected persons to Meetings with affected persons to interested persons inform them of options available to inform them of options available to them, including appeals them, including appeals 14 Acceptance or otherwise of Acceptance or otherwise of options Acceptance or otherwise of compensations offered offered options offered Provision of a budget to support Provision of a budget to support households affected, in case of court households affected, in case of action court action Procedure for managing complaints to Procedure for managing be implemented complaints to be implemented 15 If accepted, preparation of If accepted, triggering of payment If accepted, triggering of payment amicable transfer deeds and modalities and timetable as well as those modalities and timetable as well as payment of compensation for resettlement set out in the IRP those for resettlement set out in the IRP 16 If rejected, the case is referred to If rejected, application of procedures If rejected, application of the civil tribunal related to disputes defined in the policy procedures related to disputes framework and specified in the IRP. defined in the policy framework and specified in the IRP
The AfDB recognises the importance of improving the condition of the road and requires an IRP whenever a project involves the acquisition of property or modification of its use, and that such acquisition or modification results in loss of income, housing or definitive or temporary access to resources, irrespective of whether or not the occupancy is legal.
6.5 Dispute Resolution Mechanism
6.5.1 Categories of Possible Complaints and Disputes
Complaints and grievances could emanate from PAPs before the resettlement, during the implementation of the IRP and after the resettlement.
Before the resettlement of PAPs, complaints could be subdivided into three categories: (i) lack of understanding of resettlement policies; (ii) conflict over the ownership of a property; (iii) family conflicts and between heirs; (iv) disagreement over the valuation of a plot of land or of a property.
During resettlement of PAPs, disputes could relate to: (i) nonpayment of compensations; (ii) delay in regularisation of compensations; (iii) presence of intermediaries in payment of compensations; (iv) discrepancy between the value of compensations indicated in the list and the actual amount received; (v) demolition of goods and relocation of PAPs.
After resettlement of PAPs, complaints may generally derive from the dissatisfaction of PAPs due to the degradation of their standard of living following the resettlement.
These categories of complaints and grievances will be recorded in a table to facilitate the monitoring of their treatment over time.
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6.5.2 Overall View of the Mechanism Proposed
The IRP implementation required the creation and operationalisation of integrated structures to manage complaints and disputes that could occur during the resettlement phases. This structure is made up of the CRL and the CAE, with the close collaboration of regional and municipal authorities.
Table 6: Structure and functions of CRL and CAE Description Level 1 : Communal Level 2 : Regional CAE 2 representatives from the Composition Atsimo-Andrefana Region Land Title Constituency (Chair of Commune Commission) Morombe and Toliara II
Districts as co-chair of the Tax Department 1 Fokontany representative commission Regional Planning (SRAT) Regional Population Department Agriculture 3 PAPs Atsimo-Andrefana DREF DIRTP (Expropriating Unit)
Topographic Unit 2 notables Decentralisation Trade and Industry Municipal councils of 4 communes concerned Budget Functions Arbitration decisions Oversight and monitoring Assessment of compensations Monitoring compliance with procedures Responsibilities Interlocutor between expropriating entity and PAPs Resolution of disputes concerning Resolution of disputes concerning expropriating entity expropriation and release of right- of-way
Registers containing numbered and initialled complaints will be made available at the communes concerned. The complaints will be collected every two weeks, recorded in a matrix and pre-processed by the accompanying NGO.
Thus, many disputes may be settled through:
➢ Additional explanations (for example by giving a detailed explanation of how the project calculated the complainant’s compensation and showing him/her that the same rules apply to all)
➢ Arbitration, by appealing to elderly persons or dignitaries in the community while remaining on the outside (some elites could be requested to intervene).
Cash compensations will be paid to all PAPs whose permanent or temporary structures are marked for demolition. If a PAP does not agree with the compensation proposed and validated by the CAE put in place with the support of the Region, the dispute will be settled amicably starting with the Municipal Dispute Resolution Committee (CCRL), and by referring the matter to the Regional Dispute Resolution Committee (CRRL) if the owner is still not satisfied. Beyond these bodies, the dispute shall be referred to the Courts.
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Specifically, the mechanism is as follows:
➢ Level 1 : Lodging of grievance by the complainant at the level of the commune
• Follow the approach laid down at the commune level for filing complaints in a register provided for the purpose - complete the sheet for recording grievances (see Annex, Template for recording and addressing grievances), to be submitted at the commune or directly to the DIRTP Tuléar, at the discretion of the complainant.
• Where necessary, produce any document he/she deems relevant in support of his/her case.
• The CCRL prepares to handle all the grievances and complaints: review of the relevance of the complaints, decision and recommendations, and subsequent recording of its decision and recommendation in the grievance sheet in two copies duly signed by the parties - one for the complainant and the other for the CCRL.
• All cases received and processed will be compiled at the commune, and classified by the accompanying NGO selected for the IRP: filing of cases resolved, transfer to project owner for follow-up and transfer of disputed cases with supporting documents to CRRL.
➢ Level 2 : Follow procedure at the Regional level
• NGO supports complainant in forwarding the case to the CRRL for processing
• CRRL prepares to address all the complaints
• All treated cases will be compiled and classified by the NGO.
➢ Level 3: Follow procedure for settling disputes at the tribunal.
Training sessions were organised for members of CCRL and CRRL on the principle and procedures for addressing grievances. The PAPs were familiarised with the operation of the dispute management mechanism during public consultation sessions, but this should still be repeated at the appropriate time.
The conclusion of complaints received and disputes settled will be made known to the complainant.
6.5.3 Functions of Dispute Resolution Committees
The committees should be provided with office supplies for their work. Financial support should also be provided to each of its members to cover their coordination, travel and communication expenses. The financial support will be included in the IRP implementation budget and directly managed by the supporting NGO.
7. INSTITUTIONAL FRAMEWORK
The formulation of the IRP and its successful implementation requires the involvement of various cross-cutting entities. They comprise:
7.1 Ministry of Public Works (MTP)
The MTP is the contracting authority for the rehabilitation and development of RN9. In this regard, it represents the Government and directs all the operations related to the release of the right-of-way and execution of works.
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The Ministry has an Environmental and Social Impact Directorate (DISE) attached to the General Secretariat. As the representative of the Environmental Unit of the Ministry, it is responsible for planning, coordinating and monitoring the environmental integration aspects of this road project. As such, it serves as a consultative platform to environmental authorities for issues dealing with the harmonisation of environmental and sector practices in the public works sector.
7.2 Road Authority of Madagascar (ARM)
The Road Authority of Madagascar (ARM) is attached to and under the supervision of the MTPM, as a public establishment to which the responsibility for national highway projects such as construction, rehabilitation, maintenance and operational works, has been delegated.
In its capacity as the Delegated Contracting Authority of the RN9 Development and Rehabilitation Project, the ARM also supervises the implementation of the IRP and application of environmental measures by the contractor. To this end, it also has an Environment and Social Action Unit responsible for mainstreaming environmental aspects in all project activities.
7.3 Regional Departments of Lands and Topography
The Regional Departments of Lands and Topography are under the supervision of the Ministry for Presidential Projects, Regional Planning and Equipment (M2PATE). They are responsible for all matters related to land ownership both on the road’s right-of-way and the PAP resettlement site.
The two departments form part of the Administrative Evaluation Commission for determining the prices of affected property.
7.4 National Environmental Agency (ONE)
ONE is the one-stop shop for all matters concerning the matching of the environment with investments in Madagascar. During the environmental assessment of the RN9 rehabilitation works, its role is to ensure that sector- and environment-related issues are well integrated with project management.
During the project execution phase, ONE is charged with independently monitoring the effectiveness of the quality of ESMP implementation, including the IRP, in collaboration with an Environmental Monitoring Committee on which the MTP environmental unit is represented.
7.5 Local Authorities
These are made up of the Region, Districts, Communes and Fokontany, and they have an oversight responsibility for compliance with principles underpinning the project (principles of participation, transparency, equity, environmental monitoring, monitoring of project impacts on the receiving environment, register of grievances at each commune, etc.).
To ensure satisfactory project implementation, these local authorities need institutional and capacity- building support to contribute to the success of the operation.
7.6 Supporting NGO
The NGO is a stakeholder in the formulation of the IRP, socio-economic studies and surveys for the definition and implementation of social support measures.
7.7 PAP Representatives
The census and outcomes of the socio-economic survey helped to categorise PAPs by location and pre- project situation.
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PAP representatives by area and/or type of activities participate in all stages of IRP design and implementation. They are PAP spokespersons, voicing their concerns, grievances and suggestions. They work in collaboration with the Fokontany to ensure the free flow of communication and information among PAPs.
8. ELIGIBILITY
8.1 Eligibility of Project-Affected Persons
According to the definition adopted in this study, affected persons are those located in the road right-of- way and are directly concerned by the economic and social consequences of implementing the RNT12A and RN9 development works. The latter will lead to relocation of loss of housing, loss of property or access to such property, loss of income or livelihood irrespective of whether or not the affected persons have to move to another location. To be considered as one, a project-affected person (PAP) must be the owner of the property to be demolished located in the right-of-way, or the eventual occupant of the crop land whose daily activity will be disrupted. The owner of the land affected by the project with a land title or ownership certificate is deemed a beneficiary. Another category could be included among the beneficiaries: family owners of tombs located in the right-of-way.
8.2 Timeline for Eligibility
The timeline for eligibility corresponds to the date the household survey is scheduled to end, namely 07/08/2016 for the RNT12A and 02/05/2016 for the RN9.
9. ASSESSMENT AND COMPENSATION FOR LOSSES
The process of establishing/checking the list of affected households provided basic information for assessing compensations. The typologies of developments encountered on the site were categorised beforehand for the purpose of forecast budgeting.
It is worth recalling that most of the PAPs do not have a land certificate or title deed. Therefore, the land within the right-of-way will be appropriated by the project without any compensation.
The determination of the estimated value of goods and other compensation costs was discussed together with the CAE members, including representatives of households affected by the development works.
In this study, the principle of equality was observed in order not to unduly favour any particular commune. The same unit price was used to value a property of the same category. Hence, the average unit price was used to assess compensations, which also entailed correcting any mispricing. The same compensation rates were used for the two IRPs.
9.1 Categorisation of Indemnifications and Compensations
Indemnifications mainly relate to the replacement of property and livelihood lost during the period of relocation.
For the loss of housing, buildings or structures, compensation will be made by replacing structures such as houses, huts, kiosks and fences. The compensation will be made in kind at the cost of replacement without any depreciation of the structure.
In this case, no provision for payment was made for the loss of the use of lands belonging to the State.
PAPs all opted for cash indemnification.
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Compensations consider support to the livelihood of particularly vulnerable households. The payment of indemnities and compensations for the various categories mentioned above will be monitored and special registers kept for all related operations.
9.2 Method of Assessment for the Reconstruction of Huts, Stalls and Fences
Compensations for structures will be in cash at the replacement cost without depreciation of the structure, based on local market prices.
Huts are classified according to type of material used for tiling and the walls. Therefore, the unit price of a concrete structure is different from a wooden one.
The estimated cost by area is based on a detailed breakdown of the cost of building materials on the local market and the average cost of labour for reconstruction by type of structure. It is worth noting that the method of assessment of structures is total, namely an affected portion affects the entire structure.
Table 7: Unit Price of Structures Wooden House Wooden House Wooden House Without Tiling with Wooden with Cement Brick House Brick Fence Stone Fence Types of Housing/Fence (AR/M2) Floors (AR/M2) Tiling (AR/M2) (AR/M2) (AR/ML) (AR/ML) UNIT PRICE OF CONSTRUCTION (AR) 153 558 156 103 158 103 345 457 43 333 40 000
Table 8: Price of Building Materials 2015Unit Price adjusted for 18% Description Material Unit inflation i.e. 6% per year Floor Tany m² 749.83
Hazo m² 19 666.49
Cement m² 28 063.24
Tile m² 91 221.76 Wall Vondro m² 18 908.70
Hazoala hazomafy m² 94 327.93
Hazo tsotra m² 70 566.43
Roofing sheet m² 194 603.20
Tany manta 24 590.27
Biriky masaka m² 142 476.97
Green brick m² 65 822.78
Cement block m² 226 372.80
Rubble m² 236 087.14 Roof Vondro m² 9 460.65
Hazo m² 46 643.23
Roofing sheet m² 90 095.85 Fence Gaulette lm 7 199.61
Vondro, Fefy velona, lm 4 885.12
Round wood, shrubs lm 13 428.64
Ordinary floor; e.g.: pine, harofy, iron sheets m² 18 916.67
Baked bricks masonry m² 60 675.84
Concrete fence m² 78 319.75
Rubble masonry m² 87 050.37
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9.3 Method of Land Assessment and Compensation
The market unit price of a square metre is MGA 30 0002 for both undeveloped and cultivated land. It is worth noting that only land with land title or certificate will be compensated.
9.4 Method of Crop Assessment and Compensation
Compensation for crops on cultivated land will take into consideration the expected yield over a period equivalent to the time it takes for a seedling to grow to maturity.
✓ For trees, fruit trees and cash crops, by estimated harvests for five (5) years;
✓ For food crops, by estimate of the expected crops for a year.
The table below indicates the values applied in calculating compensation for affected crops.
Table 9: Average unit price of products Average Unit Produce Yield Price in MGA Cassava 6 500 kg/ha 1 500 /kg Sweet Potato 6 500 kg/ha 1 500/kg Maize 3000 kg/ha 875/kg Cocoyam 3000kg/ha 1 500/kg Beans 1750kg/ha 2400/kg Rice (paddy) 2 000 kg/ha 788/kg Coco 77 u/pied 767 A/u Sugar cane 600 000 u/ha 500 A/u Litchis 60 000 Ar/stem Tamarind 180 000 Ar/stem Papaya 33 u/pied 1 500 A/u Clove 60 000 Ar /stem Custard apple 20 u/stem 1 000 /stem Ampalibe 49 500 Ar/stem Lamonty 20 Kpk/stem 500 Ar/kpk Mango 90 000 Ar/stem Orange 60 000 Ar/stem Eucalyptus 40 000 Ar/stem Acacia 20 000 Ar/stem
9.5 Method of Assessing Compensation for Non-categorised Property
Some assets are difficult to assess due to a lack of a reference prices. These include chalets, standpipes or hydrants and retaining walls.
Hence, the valuation of their compensation is proportionate to the damage caused by implementation of the project.
2 Source: Cf. PAR RN13 27
9.6 Method of Assessing Compensation for Inconvenience Caused by the Project
Apart from considering reconstruction prices, the following factors were also taken into account to reduce disruptions to daily life caused by the project:
• Support to the relocation of households
• Support to suspended petty trading.
10. IDENTIFICATION OF POSSIBLE RESETTLEMENT SITES, CHOICE OF SITE(S), PREPARATION OF RESETTLEMENT SITE
The project did not make provision for any resettlement site for PAPs. The houses of affected residents can be rebuilt in the same area in view of the availability of land in the vicinities.
Furthermore, during the public consultation, it was decided that the loss of properties and crops due to the project implementation will be fully compensated in cash.
11. HOUSING, INFRASTRUCTURE AND SOCIAL SERVICES
The project will not affect any administrative building or community facility. However, if that were to be the case, the building or facility in question will be automatically replaced, as necessary.
Furthermore, as part of an inclusive approach to development, the project will promote living conditions through related developments and activities that would facilitate access to education and health. This will be achieved by rehabilitating amenities and providing equipment, facilitating access to drinking water and installing standpipes as well as facilitating trade by constructing markets.
12. ENVIRONMENTAL PROTECTION
Environmental protection will be in accordance with the Environmental and Social Management Plan (ESMP) contained in the environmental and social impact assessments.
13. IMPLEMENTATION SCHEDULE
The schedule for implementing the Involuntary Resettlement Plan (IRP) is indicated in the following table:
Activity M1 M2 M3 M4 M5 M6 M7 M8 Appointment of the IRP Executing Agency Budget allocation Recruitment of supporting NGO Creation of various committees Preparation of payment statements Development of resettlement site into a market Creation and initial feeding of data into PAP databases Information to PAPs on status of IRP Payments to PAPs
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Release of right-of-way Resettlement of traders in the market Start of works Monitoring/evaluation
14. COSTS AND BUDGET
14.1 IRP Cost
The budget for all measures decided under the Plan, including the implementation, monitoring and evaluation costs, amounts to MGA 2 189 826 455 or EUR 625 665 for RN9 and MGA 8 212 230 023 or EUR 2 494 831 for RNT12A. This represents a total MGA 10 402 056 478, or EUR 3 120 496.
The detailed cost of each of the IRPs is indicated below.
14.1.1 IRP Cost for RN9
Amount in Activity Amount in MGA EUR
Preparatory activities:
Updating of IRP (including updating and finalisation of database on 350 000 000 100 000 affected households and other relevant information)
Notification of households 5 000 000 1 429
Other expenses 2 000 000 571
Monitoring/evaluation: 64 000 000 18 286
Compensations/indemnifications: loss of crops + loss of rice 1 055 489 091 301 568 fields + loss of timber + wood species + loss of housing + loss of adjoining structure + loss of undeveloped land + loss of rented house + compensations / share-cropping + loss of wells + other losses + compensations / tenants + support for disruptions (charcoal sellers, hardware traders, etc.)
Management expenses
Local committee’s operating budget 1 360 000 389
Accompanying NGO/ Communication 472 000 000 134 857
Contingencies (15% of Total) 239 977 364 68 565
Total 2 189 826 455 625 665
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14.1.2 IRP Cost for RNT12A
Description Total (MGA) Total (Euros) 1. Compensation for affected property Buildings 3 752 789 804 1 143 097,72 Land 342 978 000 104 470,91 Perennial crops 3 540 147 640 1 078 327,03 Food crops 7 212 579 2 196,95 Unclassified assets 1 000 000 304,60 7 644 128 023 2 328 397 2. Compensations related to disruptions Compensation for damage to structures (632 PAPs) 12 660 000 3 856,23 Compensation for disrupted commercial activities (86 PAPs) 6 600 000 2 010,36 19 260 000 5 867 3. Operating budget of committees, service providers and contingencies CAE operating budget 500 000 152,30 CRL operating budget 500 000 152,30 Service providers’ budget 120 000 000 36 551,93 Contingencies (1%) 77 842 000 23 344,50 Monitoring/evaluation 198 842 000 60 567 Updating of IRP 350 000 000 100 000 TOTAL 8 212 230 023 2 494 831 14.2 Financing Plan Institution Amount (in MGA) Malagasy Government 10 402 056 478
15. MONITORING AND EVALUATION
Monitoring and evaluation are key components of resettlement and compensation activities, aimed principally at achieving two objectives:
➢ Monitoring: (i) specific situations and challenges emerging during implementation, (ii) consistency of operational implementation with methods defined in AfDB guidelines
➢ Assessment of medium- and long-term impacts of the resettlement on: (i) affected households, their means of livelihood and economic conditions, (ii) the environment, (iii) housing, etc.
As used in this document, monitoring is internal and aims at correcting in “real time” the implementation methods during project execution.
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In contrast, evaluation is external and aims at:
➢ Ascertaining compliance with the overall objectives and policies
➢ Drawing lessons from the operation to be used in modifying strategies and implementation in the longer term.
15.1 Monitoring and Indicators
Monitoring will essentially deal with the following aspects:
➢ Social and economic monitoring; monitoring the situation of persons who have lost farmlands, restoring means of livelihoods, especially in agriculture, fisheries and trade
➢ Monitoring vulnerable persons
➢ Monitoring the system of complaints and conflicts
➢ Assistance to the restoration of means of livelihood: agriculture, fishing, trade and monitoring relief measures that need to be pursued in this area.
The following overall indicators were used:
• Total number of households affected by project activities
• Total number of households headed by women affected by project activities
• Total amount of compensations paid
• Quality of houses for persons who have lost their homes
• Farm yields
• Rate of replacement of fruit trees at the end of two years
• Status of persons who have kept the same activity and those who have changed.
The initial value of these indicators (baseline) can be established based on the socio-economic surveys included in the census. Subsequently, it would be worth repeating these surveys once a year, for example, on a sample of about 15 to 20% of displaced households. Lastly, vulnerable persons will be subjected to specific social monitoring. Consequently, it would be advisable for the project Delegated Contracting Authority to take the necessary steps to identify specific problems affecting these persons and assist them to resettle successfully. This monitoring should be carried out by the Executing Agency, which will also prepare an annual monitoring report on the resettlement activities.
15.2 Evaluation
Reference documents for the evaluation will be the following: (i) this IRP; (ii) Malagasy laws as described in Chapter 3; (iii) AfDB policies.
The objectives of the evaluation are as follows:
➢ General evaluation of the consistency of the objectives and methods specified in this IRP
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➢ Evaluation of the compliance of project implementation with Malagasy laws and regulations as well as with AfDB policies
➢ Evaluation of procedures followed for compensations and construction of the market
➢ Assessment of the adequacy of compensations in relation to losses incurred
➢ Assessment of the impact of specific support programmes on income, standard of living and means of livelihood, particularly in relation to AfDB requirements on maintaining standards of living at their previous level
➢ Assessment of possible corrective measures to be taken.
The evaluation will entail the use of documents and materials derived from internal monitoring and, additionally, from the evaluators.
Thus, two types of monitoring/evaluation will be conducted:
• The Project Executing Agency will cater for internal monitoring/evaluation
• External monitoring/evaluation will be conducted by an independent body recruited by the Project Executing Agency mid-term and at the end of operations.
16. REFERENCES AND CONTACTS
17.1 References
The preparation of the summary was based on the following documents:
- Resettlement Action Plan of the RNT12 Rehabilitation and Asphalting Project from Taolagnaro to Vangaindrano – Final Report - January 2017 – PROGETI AIC
- Voluntary Resettlement Programme of the RN9 Road Infrastructure Development Project – Final Report – September 2016 – SECO, SERT, SEAP, SIMTEPHA, LNTPB Group.
17.2 Contact Persons
For further information, please contact:
For Malagasy Road Authority (ARM) • Mr. Ramanamisata Jean Pascal, ARM General Director, [email protected] • Mme Lala Tiana Ratovoarivelo, Head, Environmental and Social Action Unit at ARM, LALA.R- [email protected] For African Development Bank (ADB) • Jean-Jacques NYIRUBUTAMA, Task Manager, RDGS South Africa, Email. [email protected] • Yusef HATIRA, AfDB, Environmentalist, RDGS, South Africa, Email. [email protected] • Pierre Hassan SANON, Principal Social Development Specialist, Email: [email protected]
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