Resettlement Plan
May 2011 Document Stage: Draft
SRI: Additional Financing for National Highway Sector Project
Colombo–Horana Highway (B084)
Prepared by Road Development Authority for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 11 May 2011) Currency unit – Sri Lanka rupee (Rs) Rs1.00 = $0.009113278 $1.00 = Rs109.730000
ABBREVIATIONS ADB – Asian Development Bank CEA – Central Environmental Authority CSC – Chief Engineer’s Office CSC – Construction Supervision Consultant CV – Chief Valuer DSD – Divisional Secretariat Division DS – Divisional Secretary ESD – Environment and Social Division GN – Grama Niladhari GND – Grama Niladhari Division GOSL – Government of Sri Lanka GRC – Grievance Redress Committee IOL – inventory of losses LAA – Land Acquisition Act LARC – Land Acquisition and Resettlement Committee LARD – Land Acquisition and Resettlement Division LAO – Land Acquisition Officer LARS – land acquisition and resettlement survey MOLLD – Ministry of Land and Land Development NEA – National Environmental Act NGO – nongovernmental organization NIRP – National Involuntary Resettlement Policy PD – project director PMU – project management unit RP – resettlement plan RDA – Road Development Authority ROW – right-of-way SD – Survey Department SES – socioeconomic survey SEW – Southern Expressway STDP – Southern Transport Development Project TOR – terms of reference
WEIGHTS AND MEASURES Ha hectare km – kilometer sq. ft. – square feet sq. m – square meter
NOTE In this report, "$" refers to US dollars.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
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CONTENTS
EXECUTIVE SUMMARY ...... v
CHAPTER 1 - PROJECT DESCRIPTION ...... 1 1. Description of the Road Project ...... 1 2. Road - Project Profile ...... 1 3. Administrative Boundaries of the Road Project ...... 4 4. Socioeconomic Benefits of the Project ...... 4 5. Land Acquisition and Impacts ...... 5 6. Methodology ...... 5
CHAPTER 2 – LEGISLATIVE AND POLICY FRAMEWORK ...... 7 1. Legislative Framework ...... 7 2. Policy Framework ...... 10
CHAPTER 3 – SCOPE FOR LAND ACQUISITION AND RESETTLEMENT ...... 17 1. Impact of Land Acquisition...... 17 2. Impact on Public and Community Properties ...... 21 8. Burial Grounds and Tomb Stones...... 21 9. Consultation Process will Agencies Responsible for Land Acquisition and Resettlement ...... 22
CHAPTER 4 – SOCIOECONOMIC PROFILE ...... 23 1. Demographic Data of Displaced Households (DHs) ...... 23 2. Ethnicity ...... 23 3. Population Distribution by Age and Gender ...... 25 4. Educational Information ...... 26 5. Role of Women in the Household ...... 26 6. Vulnerable DPs ...... 27 7. Attitude of the Displaced Persons towards the Development of the Road Project Expected Socioeconomic Advantages ...... 28 8. Perceived Adverse Effects...... 29
CHAPTER 5 – INFORMATION DISSEMINATION CONSULTATION AND PARTICIPATORY PROCESS ...... 31 1. Consultation process with agencies responsible for Land Acquisition and Resettlement ...... 31 2. Public Disclosure and Information Dissemination ...... 31 3. Consultation during RP preparation and implementation ...... 31 4. Information Disclosure ...... 32
CHAPTER 6 – ENTITLEMENTS ...... 35 1. Highlights of Entitlements ...... 35
2. Project Entitlement Matrix ...... 37
CHAPTER 7 – GRIEVANCE REDRESS MECHANISM ...... 48
CHAPTER 8 – RELOCATION OF HOUSING AND SETTLEMENTS ...... 53 1. The Options Available for DPs for Relocation ...... 53 2. Incentive Payments ...... 54 3. Relocation Assistance for Encroachers ...... 55 4. Relocation of Sub-families ...... 55 5. Loss of Community Facilities and Resources ...... 55 6. Measures to Assist with Establishment at New Sites and Integration with the Host Community ...... 56
CHAPTER 9 – INCOME RESTORATION AND REHABILITATION ...... 57 1. Loss of Income and Livelihood of the Displaced ...... 57 Source: Land acquisition and Resettlement Survey (LARS), July 2007 ...... 59 2. Trade and Business...... 59 3. Project as a Development Opportunity ...... 60 4. Empowerment of Displaced Persons ...... 60 5. Anticipated Losses ...... 60 6. Organization of Implement the Income Restoration Plan ...... 61 7. Categories of DPs Entitled to Income Restoration Benefits ...... 61 8. Identification of Potential Income Restoration Programmes ...... 61
CHAPTER 10 – RESETTLEMENT BUDGET ...... 64 1. Total Cost for Land Acquisition and Resettlement ...... 64 2. Rates Used in the Preparation of the Resettlement Budget ...... 66
CHAPTER 11 – IMPLEMENTATION SCHEDULE ...... 67
CHAPTER 12 – INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT ...... 68 1. Project Management Unit ...... 68 2. ESD and Land Division ...... 69 3. Divisional Secretariat ...... 69 4. Land Acquisition and Resettlement Committee (LARC) ...... 70 5. Field Office of the PMU ...... 70 6. Construction Supervision Consultants (CSC) ...... 70 7. Institutional Arrangement to Attend to Gender Concerns ...... 71
CHAPTER 13 – MONITORING AND EVALUATION ...... 73
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LIST OF TABLES Table 1 Settlement Distribution of DP Households by DS Divisions ...... 4 Table 2 Category of Land and Extent Acquired ...... 5 Table 3 Legislative GAP Analysis ...... 14 Table 4 Number of Displaced Households Losing Ownership / Access to Land Tenure, Land Use and Type of Impact ...... 17 Table 5 Summary of Land Acquisition and Resettlement Impacts ...... 18 Table 6 Number of DP Households Displaced and Type of Impact ...... 20 Table 7 Category of Structures and the Affected Extent...... 20 Table 8 Type of Affected Community / Common Structures and the type of Impact ...... 21 Table 9 Types of Affected Utilities and the type of Impact ...... 21 Table 10 Household Size of DP Households ...... 23 Table 11 Ethnicity of Household Heads Disaggregated According to Gender ...... 23 Table 12 Civil Status of Household Heads Disaggregated According to Gender ...... 24 Table 13 Civil Status of Household Members (Excluding HH) Disaggregated According to Gender ...... 24 Table 14 Age Distribution of Household Heads Disaggregated According to Gender ...... 25 Table 15 Age Distribution of Household Members (Excluding HH) Disaggregated According to Gender ...... 25 Table 16 Educational Attainment of Household Heads Disaggregated According to Gender ...... 26 Table 17 Educational Status of Household Members (Excluding HH) Disaggregated According to Gender ...... 26 Table 18 Women‟s Freedom to Engage in Household and Community Activities (Multiple Responses, N = 391) ...... 27 Table 19 Livelihood of DPs which are affected by the Project ...... 27 Table 20 Workers / Labourers in Business / Enterprises which are affected by the Project ...... 27 Table 21 Monthly income and Expenditure of the DP Households ...... 27 Table 22 Vulnerable DP Households by Category ...... 27 Table 23 Displaced persons Receiving Assistance from State Institutions ...... 28 Table 24 DPs Perceived Social and Economic Advantages of the Project / Road Project (multiple responses, N=391) ...... 28 Table 25 DPs Perceived Social and Economic Impacts of the Project / Road Project (multiple responses, N=391) ...... 29 Table 28: Completed and Planned Public Consultation and Disclosure Activities ...... 33 Table 28 DPs Preferred Method of Resettlement ...... 54 Table 29 Estimated Cost of Land Acquisition and Resettlement of Road Project B084 ...... 64 Table 33 Implementation Schedule – Major Events ...... 67 Table 35 Monitoring and Evaluation Indicators ...... 75
LIST OF FIGURES Figure 1 Location Map of B084 (Colombo – Horana) ...... 3
ANNEXES Annex 1: National Involuntary Resettlement Policy 77 Annex 2: The personnel met during the field visits ...... 83 Annex 3: TOR for the External Monitoring and Reporting Consultant / Agency ...... 84 Annex 4: Census Survey Questionnaire ...... 86 Annex 5: Sinhala Version of Entitlement Matrix ...... 86
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EXECUTIVE SUMMARY
1. Introduction 1. The resettlement plan (RP) is based on the data collected by census and socioeconomic survey (SES) conducted in the project area after demarcation of the centre line of the ROW after the preliminary design of the planed improvement to the road. The information contained in the RP is tentative until completion of detail engineering designs and the preliminary plan. After which RDA will finalize the RP by completing the census and the inventories of loss of assets. This will be sent to ADB for review and disclosure to ADB website. 2. Colombo–Horana B084 Highway is 13.4 km in length and one of the six road projects to be upgraded under the National Highways Sector Project (NHSP) Southern Link Road Development as shown in Figure 1. The road starts at Pamankada Junction ends up at Polgasowita. The design right-of-way is for a minimum of 24m with additional requirement in place for embankments and requires 6+07m widening each side for a four-lane highway up to southern expressway at Kahathuduwa. Hence total land acquisition requirement is 3,627 perches or 9.1 acres.
2. Methodology 3. Resettlement consultants reviewed the Resettlement Plan completed in mid of 2007 for the section from 01+100 to 14+500. It is necessary to do a detail survey of this section to obtain data before implementation of this road project. The DPs were informed by the RDA that the road will be widened and many of the DPs are in favour of this development.
3. Scope of Land Acquisition and Resettlement 4. Total of 303 lots belonging to 303 households will be needed to acquire for the widening of this road which result in displacement of 82 residential and commercial units. The required area for land acquisition has been ascertained to approximately 3627 perches or 9.1 hectares. Out of this total extent 2.67 Hectares or 1,058 perches are private residential lands, 0.19 Hectares or 76 perches of commercial land and 6.30 Hectares or 2,493 perches, belong to agricultural sector. Total of 303 households will be displaced both physically and economically, comprising of a population of 1453 persons of this number 741 are females.
4. Socioeconomic Information 5. Of the 303 households displaced,128 households falls under the category of residentisl,45 households in trade and business and 120 households in agricultural category of the total displaced households (DHs), 32% belong to 41-60 age group out of the total DHs 3% have achieved up to primary school, 91.5% secondary school and over 5.1% tertiary level of education. Number of displaced persons (DPs) losing income temporary is 40 and impacts of the income of 68 DPs are severe as they are permanently losing their agricultural income over 87% of the DPs are earning over Rs.10,000 per month. But, it is not only their main income source. 6. There are no indigenous people located in the vicinity of this road project area.
5. Information Dissemination, Consultation and Participatory Approaches 7. A workshop has conducted in Colombo for the representative of the main agencies connected with the Land Acquisition and Resettlement to relocate them of the programme enabling to disseminate information through them. Discussions all were held with Divisional Secretariat of Kesbewa including Homagama and Thimbirigasyaya to organise awareness meetings with all relevant stakeholders. Member of Clergy, Politicians, Grama Niladharies, Samurdhi Niyamakas, Agricultural Assistants and representatives of CBOs have attended these meetings. Information flyer was distributed among the participants to be familiarised with the project, in addition to the discussion had among the Participants. Altogether 04 consultation meetings with the participation of the various stake holders were held between June 2007 to May 2010 and one to one consultation between resettlement staff and the displaced persons is being continued.
6. Grievance Redress Mechanism 8. A grievance redress mechanism will be in place to allow people a forum accessible to them to submit their grievances. The GRC will comprise of public officials and members of the civil society. Wide publicity will be given regarding the powers and composition of the GRC. DPs could make representations to the GRC to seek redress to their resettlement issues.
7. Policy and Legal Framework 9. Land acquisition is governed by a statute enacted by parliament in 1950 designated as Land Acquisition Act, with certain amendments made periodically to meet the emerging situations of the state and the public. Latest amendment being the version of 1986 and the Regulations 2008, gazetted on the 20 January 2009. Resettlement policy of the road project is based on the provisions contained in the (i) National Environment Act (NEA), (ii) National Involuntary Resettlement Policy, (iii) ADB Safeguard Policy Statement, 2009.
8. Entitlement 10. In order to comply with the NIRP and Safeguard Policy Statement, 2009 on resettlement, in addition to the statutory compensation payable under the LAA, a vii
special compensation package has been approved by the Cabinet of Ministers to address all resettlement issues faced by the displaced persons including payment of replacement cost for the loss of properties, income and livelihood restoration. The Entitlement Matrix is a part of the resettlement implementation plan and has been presented under entitlements, funds will be provided by the Government of Sri Lanka (GOSL) in a timely manner to complete the payment of compensation as planned.
9. Relocation of Housing and Settlement 11. There are two options for the displaced persons to relocate after handing over their properties to the project. Either the DP could obtain the replacement cost of the properties and other entitlements and relocate in a location selected by himself or resettle in a site developed by the project management unit subject to the availability of such lands in the area in consultation with displaced persons. Project will assist wherever possible to find alternate locations to re-establish businesses of the affected.
10. Income Restoration Strategy 12. After a need assessment survey income restoration plan (IRP) will be launched in order to assist the DPs to restore and rehabilitate their businesses. Those with minor impacts will be given a grant of Rs.15,000 or loss of net income for six months whichever is higher. Vulnerable DPs are entitled to an additional compensation of Rs.15,000 and those who lose wage income is entitled to a grant, equivalent of three months basic salary.
11. Resettlement Budget 13. Entire resettlement budget is financed by funds provided by the GOSL. The amount of compensation including administrative costs and provision for contingencies is approximately Rs. 376 million equivalents to approximately US$ 3.2 million. Statutory compensation, replacement cost, and cost of IRP are included in the budget.
12. Implementation Schedule 14. Implementation is based on the time frame indicated in the implementation schedule. It is of 18 months duration. Implementation is undertaken by the relevant staff of the PMU assisted by Environmental and Social Division of RDA (ESD), Divisional Secretaries (DSs), and Construction Supervision Consultant (CSC).
13. Institutional Framework for Resettlement 15. RDA/PMU is mainly responsible for the implementation of the resettlement programme with the assistance of the DPs, ESD, DSs, CSC, community-based organizations, and the Department of Survey and Valuation. The assistance of the relevant state agencies will be sought during the implementation of the income restoration programme.
14. Monitoring and Evaluation 16. Internal monitoring will be conducted by the PMU, ESD, and CSC and the external monitoring by the executing agency (EA). Where necessary EA will hire a NGO or group of experts for external monitoring. The EA will prepare monitoring reports. The external experts hired by the EA will advise on safeguard compliance issues and if any significant issues are identified corrective action plan will be prepared and action will be taken to address such issues. 17. The EA will submit the first Monitoring and Evaluation Report by 31 December 2011 and there after semiannually until end of December 2012. 1
CHAPTER 1 - PROJECT DESCRIPTION
1. Description of the Road Project 1. The road starts at Pamankada Junction ends up at Polgasowita Connecting. The Colombo–Horana Road (B084) is one of the busiest Highways in the Western Province. At present due to narrowness of the road, the delay caused to motorists is clearly significant. The second interchange of the Colombo–Matara Expressway is lying along the axis of B084 at Kahatuduwa. The improvement and widening of B084 will help both the normal road users as well as those who would use the Southern Expressway once it is opened to the vehicular traffic. The total length of the highway (B084) is 13.4 kilometres (location map is shown as Figure 1). 2. It commences from Pamankada in the Colombo City and, it is considered to be developed as a road project under the Road Project Preparatory Facility funded by the Asian Development Bank (ADB) Loan 2080-SRI. Either side of the road is highly populated. The houses and commercial buildings are situated close to each other along the high way. There are six main commercial centres located along the road namely Kohuwela, Pepiliyana, Boralesgamuwa, Kahatuduwa, Kesbawa and Pokunuwita. The developments planned for B084 will improve the businesses in the area in addition to the enhancement of value of the properties in the near vicinity of the highway. 3. The government of Sri Lanka formulated a policy on involuntary resettlement in 2001 in order to address the resettlement issues of the displaced persons due to acquisition of their properties by the state and the ADB‟s Safeguard Policy Statement, 2009 (SPS) should be adhered to when people are to be involuntarily resettled. Preparation of a resettlement plan acceptable to the Ministry of Land and Land Development (MOLLD) and ADB, before the acquisition of properties is mandatory. PMU should forward to the MOLLD, together with the proposal for the acquisition of land that is required for the construction of the project, a comprehensive resettlement plan, should be prepared and approval of the ADB should be obtained.
2. Road - Project Profile 4. The road will be widened to four lanes from Jaliyagoda to Kesbewa junction a distance of 2.8 km and from there to Polgasowita will be a two lane stretch width of each lane is 3.25 m. The existing ROW is between 10–12 m and proposed right-of-way (ROW) will be 18–26 m. The construction specifications conform to modern standards to withstand weather conditions that prevail in the area. In addition to the two lanes for the movement of vehicles, two parking lanes (cycle lanes) on either side will be provided each with a width of 1.5 m. On either side of the parking lanes, semi-paved shoulders would be constructed each with a width of 0.5 m. To carry surface drainage to prevent damages to the road two drains on either side have been included in the design, each with a width of 0.9 m. Existing culverts will be widened, in addition to the new culverts and bridges that would come with the improvements. Markings and warning signals to assist the motorists are included in the design. 3
Figure 1 Location Map of B084 (Colombo – Horana)
Source: National Highways Sector Project – January 2011 3. Administrative Boundaries of the Road Project 5. The road project falls within the three Divisional Secretaries (DS) Divisions (Thimbirigasyaya, Dehiwela and Kesbewa) of the Colombo district. The total number of displaced household heads is 303 and the total displaced persons are 1,453. Table 1 Settlement Distribution of DP Households by DS Divisions
DS Division Location No. of DP Households DP Population Kesbewa Urban 39 175 Semi Urban 264 1278 Rural - - Source: Land Acquisition and Resettlement Survey (LARS), June-August 2007
Objectives of the Resettlement Plan 6. This resettlement plan is prepared in conformity with the SPS and National Involuntary Resettlement Policy (NIRP), to address the resettlement issues of the displaced persons. The main thrust of the resettlement plan (RP) is to help the displaced persons to restore their lost assets and livelihoods by paying appropriate compensation in a timely and a reasonable manner. In order to re-establish their social networks and cultural links through institutional interventions, it was necessary to develop a process of consultations with the displaced and other stake holders. Project management unit (PMU) will take all possible measures to improve the socio economic standards of the displaced persons (DPs) if there is an adverse effect on their current standards of living as a result of acquisition.
4. Socioeconomic Benefits of the Project 7. According to the projections by the Department of Commissioner of Motor Traffic, the volume of traffic in Sri Lanka is estimated to grow at an incremental rate of 4.6% per year. At present there are over three million vehicles of all categories plying on roads in Sri Lanka.1 8. The existing road network has not been designed and developed to cater to the present volume of traffic, creating huge congestions on roads daily, which lead to following socioeconomic losses to the country: Increase cost of travel Loss of foreign exchange due to excessive consumption of imported fuel Increase in travel time
1 National Highway Sector Project (please state which document) 5
Loss of valuable man hours and consequent loss of productivity Excessive waste of component of vehicles Increase in accidents Injuries to passengers, pedestrians Increase mortalities due to accidents
9. The concept behind this development is to mitigate the above adverse effects on one hand and increase mobility of the population, goods and services to accelerate the economic growth on the other by (i) upgrading several important roads initially including road project B084, (ii) develop and increase capacities of road sector institutions, and (iii) Introduce and developed pilot performance–based maintenance contracts. One of the important objectives in developing this road is to mitigate the impact of increasing traffic volume as a result of opening of the Southern Expressway.
5. Land Acquisition and Impacts 10. Total of 303 lots need to be acquired for the widening of the road, which result in displacement of 199 residential and commercial units. A total of 3,627 perches or 9.18 Ha are to be acquired for the project. Table 2 Category of Land and Extent Acquired
Category Affected Area % No of Lots % Hectare / Perches Residential 2.68 (1,058) 29 156 52 Commercial 0.19 (76) 2 43 14 Agricultural 6.31 (2,493) 69 104 34 Total 9.18 (3,627) 100 303 100 Source: Land Acquisition and Resettlement Survey (LARS) –July 2007and Advance Tracing and the Tenement list 11. Of the total extent of 3,627 perches,1058 perches falls into the category of private, residential lands and 76 perches to commercial lands. Permanent loss of agricultural lands is 2,493 perches.
6. Methodology 12. This road project has been studied by a team of consultants in June 2007, and a RP has been prepared after comprehensive feasibility studies. Over this period of nearly four years the implementation has not taken place. As the information and data has been collected long before, the need to update them in order to consider implementation became apparent and the consultant carried out a quick field check with the limited time period available to update this study. 13. The information and data updating and review them in accordance with the current regulations of the government and regulations of the NIRP and SPS were undertaken. Most of the information and data were presented in the original formats and unwanted, outdated information were excluded. However further updating to the RP will be done after completion of the census survey after the detailed engineering designs are completed. The updated RP will be provided for ADB‟s review and finally will be posted at the ADB website. 14. The census and socioeconomic surveys (SES) have been conducted by the original team of consultants assisted by a local university after the demarcation of the centreline and the acquisition boundaries by the Land Surveyor, according to the engineering design developed. Two questionnaires were used to gather information on land acquisition and resettlement, referred as census survey and to collect socioeconomic data and information. 15. The previous study in 2007 has covered a length of 27.10 km (from 00+500 – 27+100) excluding the 0.5 km from Pamankada Junction to Saranamkara road, which comes under Thimbirigasyaya DS Division. This half a km distance within the municipality limits of Colombo is a serious bottleneck for traffic movement, and there is an increasing demand for widening. As data and information are not available and also with the limited timeframe a quick count was carried out in December to ascertain the number of DPs and to identify the land acquisition and resettlement effects. While getting the count of the residential, commercial and informal sector units affected, several informal interviews also were carried out to understand the severity of their issues. As an outcome of this exercise it is identified that 62 DPs will need to be considered under the resettlement planning of which seven residential units need complete relocation of their residents. The six residential and commercial units and 13 commercial units will have serious effects but can be settled in the same land. 16. It is recommended that a fresh detailed survey to be carried out before implementation of this road project at least for the section from Pamankada Junction to Saranamkara road junction which has not been covered under the previous surveys, and only just identifying of DPs and resettlement impacts were under taken due to very limited time allocated for this updating exercise. 7
CHAPTER 2 – LEGISLATIVE AND POLICY FRAMEWORK
17. In this chapter, legislative and regulatory framework for land acquisition and resettlement and policies pertaining to resettlement are discussed.
1. Legislative Framework
1.1. The Land Acquisition Act of 1950 (LAA) and Subsequent Amendments and Regulations 18. The LAA of 1950 is the most important legal provision which spells out the Land acquisition process in Sri Lanka. It has several amendments and the latest being the version of 1986 and the Regulations, 2008 gazetted as No. 1585/7 on Tuesday, 20 January 2009. 19. The procedures for land acquisition and payments of compensation for acquired lands by the government for public purposes are laid down in the LAA. It provided the payment of compensation at market rates for lands, structures and crops. In chapter 460 of the LAA the procedure is explained in the following manner.
a) Preparation of acquisition proposal by the requesting agency and submission to the Ministry of Land and Land Development (MOLLD) through the Secretary of Ministry of Ports and Highways. b) Approval of the proposal by MOLLD, posting of notices by the relevant DSs and preparation of advanced tracing by the survey superintendent on requisition issued by the relevant divisional secretaries (Section 2, 248 and 249). c) If Section 38 (a) is not invoked divisional secretary to call objections under Section 4 of the LAA. Even after inquiring of the objection called under Section 4 if the relevant land is required to be acquired the requirement will be conveyed by Ministry of Ports and Highways to the MOLLD. d) Minister of Land then issues and orders under Section 5 confirming the acquisition of the relevant land which will be followed up through a gazette notification in all three languages in the same order Ministry of Land and Land Development will direct the divisional secretary to take action to prepare the PP. e) Based on the Ministers order under Section 5, DS issues a requisition to the Superintendent of Surveys of the district to prepare and submit the plan. f) On receipt of PP the DS will publish in Government gazette notification in all three national languages (Sinhala, Tamil and English) that he/she intend to conduct inquiries under section 9 of LAA and request people to submit there clams for ownership of land before the date mention by him in the gazette notification. In addition to the gazette notification a paper notice will be published by the DS in all three languages for information of the stake holders. g) Then inquiries will be conducted to determine the ownership and DS will issue a order declaring ownership under Sec 10 (i) of LAA. h) Acquiring officer either makes the decision on the claims or refers the claims to the district courts or primary courts if he is unable to determine the ownership. i) Acquiring officer (DS of the area) holds an inquiry into the market value of the land, the claims for compensation and the legality of claimants (advised by valuation officers) and award of compensation under Section 17 of LAA. j) Then the possession will be taken over under Section 38 or in an urgent situation in made section 38 (a) even though the LAA permit to takeover possession before paying compensation any land acquired by the state at present will only be taken over by paying compensation in full. This is to comply with SPS and NIRP. After taking over the possession DS will take action to vest the properties acquired under the name of relevant beneficiaries under section 44 (i) of LAA and register the title with the registrar of the land of relevant district. k) Following the decision (either by the acquiring officer or the courts) the acquiring officer makes an award after determining the persons who are entitled to compensation, the total amount of compensation deemed to be allowed for the acquisition and the apportionment of the compensation among the persons with interest and l) In the event of dispute over the determination it may be appealed to either the compensation review Board or Court of appeal within 21 days of the receipt of the notification of the award. If there are no appeals, the compensation will be paid.
1.2. LARC Process 20. Prior to the commencement of the land acquisition for the Southern Transport Development Project (STDP), DPs were paid only the depreciated values under the LAA for structures and a price determined on the basis of willing buyer and a willing seller for the lands and the valuation is done by the Department of Valuation. Any aggrieved party on the valuation determined by the Valuation Department Is expected to appeal to the Land Acquisition Review Board within 21 days of receipt of the Section 17 order from the DS. By experience it was found the process adopted by the Land Acquisition Review Board is time consuming and variation of the Valuation Department determination was very marginal. As large extent of land and over 1,500 buildings had to be completely affected the Government decided to introduce the new scheme to compensate the displaced people in 2001, outside the Act by creating a body called LARC (Land Acquisition and Resettlement Committee) composed of the following members to determine the replacement cost (not the depreciated value) of the buildings and the market value of the land of the displaced people.
Composition of the committee Relevant DS (Chairman) Representative of the Valuation Department Representative of the Survey Department Representative of the Road Development Authority (RDA) DP 9
21. The notable feature of this committee is that the displaced person himself is a vote carrying member of the board.
Super LARC (Ministerial Compensation Appeal Board) 22. DP who is not satisfied with the quantum of compensation decided by the LARC will have option of appealing to the Super LARC committee which is established by the decision of the cabinet of ministers.
Composition of the Super LARC Secretary Ministry of Ports and Highways or a person delegated by him. Chief Valuer or his representative. Secretary Land or his representative Survey General or his representative Director General of RDA or his representative.
23. The displaced person will also be called for the inquiry and the decision of the super LARC is final.
1.3. Land Development Ordinance (1935) 24. By virtue of this ordinance and its subsequent amendments, households that are occupying crown land may request permission from the Divisional Secretary to be regularized on the Land in question. The Acquiring officer (Divisional Secretary) makes an investigation and may recommend giving a one year permit initially, if the land is not reserved land or not required for any other government purpose. Subsequently, the person may be given a long lease which constitutes a legal title without right to disposal. The term for such titles is „Swarna Boomi‟ or „Jaya Boomi‟. 25. There are two categories of encroachments into crown land: (i) middle income category, the households that have other agricultural land; and (ii) lower income category, the landless households will be given special consideration for allocation of crown land that is not reserved land.
1.4. Road Development Authority Act No. 73 of 1981 26. The Road Development Authority Act (1981) provides for the establishment of the RDA and specifies the powers, functions, duties and responsibilities of the RDA. Part II of the Act deals with declaring areas for 'road development', which under the meaning of the Act includes the construction of new roads or the maintenance or improvement of existing roads (Improvements are deemed to include any widening, levelling, provision of footpaths, treatment for mitigation of dust or any other works beyond ordinary repairs). 27. The functions and duties of the RDA include, inter alia, carrying out integrated road planning and development, submitting such plans for government approval, and following approval, implementing the road development plans, works and activities. 28. Under Section 8 of the Act, the Minister, after taking into consideration the requirements of local and national planning and what is expedient for the regulation and control of road development, may declare a 'road development area' following an order or notice (which sets out the requirement and physical boundaries) published in the gazette. 29. Section 22 deals with land acquisition for road development as a "public purpose" and provides for the acquisition by, and transfer to, the RDA of immovable or moveable property within any declared road development area, for which the RDA will pay any sum payable under the LAA [Section 22 (2)]. Therefore, after the Section 2 notice have been published, if land or other property is to be acquired, the procedures to do so are as set out in the LAA.
1.5. State Land Ordinance No 8 of 1947 30. This ordinance is known as the State Land Ordinance No. 8 of 1947. Section b of the ordinance explains the land grants which can be made and the rents to be obtained for the grants. It is mentioned in Section 22 the period be up to 50 years only and the prescribed form given in the ordinance be filled and signed by the officer authenticated to sign for the grant. A person seeking a crown land has to appeal to the Government Agent of the area. Such person has to pay the rent decided by the Land Commissioner or the Government Agent of the area. Provisions also have provided to officers such as General Manager Railways and chairman of the Colombo port to rent out the lands under their purview, under special circumstances.
1.6. Prescriptive Ordinance No 22 (1871) 31. Under Sections 3 and 13 of this ordinance household who have encroached into private land and have been occupying the land for at least 10 years may apply through the courts for prescriptive rights to the land.
1.7. National Environmental Act No 47 of 1980 (NEA) 32. These are some provisions in the NEA Act No. 47 of 1980, with the amended Act No. 56 of 1988 which refers to Involuntary Resettlement. The Hon. Minister in charge of the subject of environment has prescribed projects and undertakings which approval shall be necessary under the provisions of the NEA. 33. The Minister by Gazette Notification No. 858/14 of 23 February 1995 has determined the types of projects and under takings which need the approval under the terms of the NEA. The schedule includes item 12 which refers to “involuntary resettlement exceeding 100 families, other than resettlement resulting from emergency situations”.
2. Policy Framework 34. LAA provides compensation only for land, structures, and crops and provisions are not available to address key resettlement issues to mitigate or avoid impacts on people resulting from land acquisition. In addition non-titled people and other dependents on land cannot be assisted under the LAA. 11
35. To address the current gaps in the LAA in addressing the key resettlement issues such as exploring alternative project options that avoid or minimize impacts on people the government of Sri Lanka (through the cabinet of Ministers) adopted the NIRP on the 24 May 2001. The NIRP also highlighted the need for consultation of DPs and their participation in the resettlement process actively. The CEA was tasked to review and approve RPs prepared by project executing agencies. The plans also required to be publicly available. 36. In addition to NIRP, SPS has similar requirements and guidelines.
2.1. NIRP
Background 37. Various public and private sector development projects are engaged in acquisition of lands for their development and the families replaced are affected with unfamiliar locations and various other hardships. These developments take place without satisfactory consideration to resettlement. Accordingly, people have shown resistance to this process and where displacement is involved, the projects are getting delayed. 38. Among the significant consequences of poor resettlement process has resulted impoverishment of displaced families due to landlessness, homelessness, joblessness, relatively higher mortality and morbidity, food insecurity, lack of access to common property and public services and disruption to existing Social Organizations. Original LAA and subsequent amendments and Regulations to it do not require the project executing agencies to address key resettlement issues such as (i) exploring alternative project options which avoid or minimize impacts on people; (ii) compensate those who do not have title to land; (iii) consulting displaced persons and host community on resettlement options, (iv) providing for successful social and economic integration of the displaced persons and their hosts; and; and (v) full social and economic rehabilitation of the displaced persons. 39. In order to address the above mentioned issues the steering committee appointed by the government reviewed the existing laws and policies and approved the NIRP on 5 March 2001 and the government of Sri Lanka adopted it (through its cabinet of Ministers) as a National Policy on 24 May 2001.
Objectives of the NIRP
a. Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the reestablishment of the DPs on a productive and self-sustaining basis. The policy should also facilitate the development of the DPs and the project; b. Ensure that DPs are fully and promptly compensated and satisfactorily resettled. The livelihoods of all displaced persons should be re-established and their standard of living improved; c. Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purposes by the state; d. Assist DPs in dealing with the psychological, cultural, social and other stresses caused by land acquisition; e. Make all DPs aware of process available for redress of grievances, which are easily accessible and immediately responsive; and f. Have in place a consultative, transparent and accountable involuntary resettlement process with a time frame agreed to by the project executing agency and DPs.
40. Adhering to the above objectives the scope of the NIRP includes all development-induced land acquisition or recovery of possession by the state. NIRP requires that a comprehensive RP be prepared where 20 or more families are displaced. In case where less than 20 families are displaced, the NIRP still requires a RP with lesser level of detail. NIRP applies to all projects irrespective of source of funding. 41. A detailed NIRP which include rationale, objectives, scope, policy principles, institutional responsibilities, monitoring and evaluation, etc., are given in the Annex 4.
2.2. SPS
42. The SPS recognizes and addresses the resettlement and rehabilitation impacts of all the DPs, irrespective of their titles, and requires the preparation of RP in every instance where involuntary resettlement occurs. The ADB policy requirements are:
a. avoid or minimize impacts where possible; b. consultation with the displaced people in project planning and implementation; c. payments of compensation for acquired assets at the replacement cost; d. ensure that no one is worse off as a result of resettlement and would maintain at least their original standard of living. e. resettlement assistance to displaced persons, including non-titled persons; and f. Special attention to vulnerable people/groups.
43. The main policy principles of the SPS are:
Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Carry out meaningful consultations with displaced persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to 13
receive and facilitate resolution of the displaced persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Prepare a resettlement plan elaborating on displaced persons‟ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project‟s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
Existing Gaps in LAA and NIRP vis-à-vis SPS
44. There are differences between LAA and the NIRP and SPS in relation to approach to land acquisition and payment of compensation. Although the SPS and NIRP are more or less congruent, there are differences when compared with the LAA and SPS. Even though the LAA is not subordinate to the NIRP, for the payment of compensation the NIRP and SPS are being followed. The gaps in the LAA vis a the NIRP and the SPS are analysed in the table below. Table 3 Legislative GAP Analysis Aspect GOSL Laws/Policies ADB’s SPS Measures to Bridge the GAP Requirement of Does not require under RP is required PMU follow the an RP the LAA as amended, For category A and NIRP which spell NIRP requires that a category B projects. out the type of RP comprehensive RP for to be prepared projects exceeding and implemented. displacement of more than 20 families and a RP of lesser detail if the number of families displaced is less than 20. A project affecting 100 families is considered as a prescribed project under the NEA; such project requires the approval of the CEA before implementation but does not address the resettlement issues. Compensation Provided in the NIRP, The borrower will Provision is for non-title Not in the Act (LAA) compensate them for the available in the holders loss of assets other than entitlement land such as dwellings package and also for any other approved by the improvements to the land Cabinet of at the full replacement Ministers to make cost. The entitlements will fair and just be provided to those who treatment. have occupied the land or Entitlement matrix structures in the project is a part of RP area prior to the cut-off date for eligibility or resettlement assistance. Consultation Does not require under Consultation is required PMU follow the with stake LAA as amended. It is a with displaced persons NIRP and holders requirement under NIRP (Same as NIRP) Safeguard Policy Statement, 2009 as indicated in the RP Public Provided in the NIRP, Public disclosure is RP will be 15
Aspect GOSL Laws/Policies ADB’s SPS Measures to Bridge the GAP disclosure Not required under the required disclosed to the LAA as amended. If the public and will be project is subject to an available in the IEE or EIA, the report website of ESD should be available for and ADB. The the information of the entitlement matrix public or public will be translated comments respectively. into local language and circulated to DPs. Income Act does not provide, Income should be PMU follow NIRP Restoration NIRP Provides. Income restored and Safeguard should be restored and Policy Statement, livelihood be re- 2009, details are established and standard given in the RP of living improved. Taking over Act provide, NIRP does Does not allow PMU will follow possession not allow the NIRP and before Payment Safeguard Policy of Statement, 2009 compensation as indicated in the RP Grievance No provision in the LAA Requirement under the Provided in the Redress as amended a Safeguard Policy RP Mechanism requirement under the Statement, 2009 NIRP Acquisition Under 38(a) of LAA, The borrower /client will PMU follow the within 48 hrs after 48 hrs, even without ensure that no physical or NIRP and SPS on an urgency paying compensation. economic displacement basis But according to NIRP, will occur until 1) not without paying compensation at full replacement cost and replacement cost has reasonable notice NIRP been paid to each does not supersede the displaced person 2) other LAA since it is a statutory entitlements listed in the act. But in order to RP have been provided provide relief to the to the DPs 3) A displaced people, NIRP comprehensive income is being implemented on and livelihood a directive by the Cabinet rehabilitation program of Ministers of the GOSL. supported by adequate budget is in place for the DPs. Replacement Provided in the NIRP, At full Replacement Cost Project will follow Cost replacement cost the NIRP and according to regulation Cabinet approved gazetted on 20th January entitlement matrix. 2009. Assistance for LAA is silent on this Safeguard Policy Provision is vulnerable aspect. NIRP require Statement, 2009 requires available in the people special treatment for the a special assistance for RP. vulnerable groups. the vulnerable people. Compensation LAA provides statutory As per SPS full RP provides statutory by compensation to be paid compensation at the compensation to to instalments in instalments, but NIRP replacement cost has to be be paid in one lump does not agree paid to the displaced sum. person before any physical Aspect GOSL Laws/Policies ADB’s SPS Measures to Bridge the GAP or economic displacement will occur.
Source: Consultations, NIRP, Safeguard Policy Statement 2009 and LAA as amended. 45. It is proposed to bring amendments to the LAA, during this process the gaps that exist between Act and the NIRP might be considered in order to give legislative muscle to the policy on involuntary resettlement. The SPS and NIRP are almost similar in context.
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CHAPTER 3 – SCOPE FOR LAND ACQUISITION AND RESETTLEMENT
1. Impact of Land Acquisition 46. The road project Colombo-Horana (B084) falls mostly within an urban and suburban fringe of the Colombo Districts. The influence area of the Project is high in land value and commercially important. The houses and business establishments are located close to each other at the Colombo end and at the Polgasowita end of the B084. As the road project is a road widening and improvement project the acquisition of properties on either side of the highway is unavoidable. Out of the 303 lots that are to be acquired covers 268 title holders, 19 lessees renters, Among the title holders 86 are fully affected while affection is partial on 182 households with titles. Among the owners of business premises, impact on six is permanent. Out of the agricultural lots 68 lots are fully affected. An average of approximately 12 perches or 190 sq.mts of land is to be acquired from each household for the implementation of the road project. Purchasing of land for the replacement of land lost to the road project would not be a serious problem due to the nature of the road project area. (See Table 4) Table 4 Number of Displaced Households Losing Ownership / Access to Land Tenure, Land Use and Type of Impact
Category / Residential Trade and Agricultural Total Land Tenure Land Business Land Land
Full Partial Full Partial Full Partial
Legal 13 107 5 39 68 36 268 Titleholder / Certificate Holders
Lessee / Renter 1 7 1 10 0 0 19
Andy famers 0 0 0 0 0 16 16
Total 14 114 6 49 68 52 303
Source: Census & SES conducted in July 2007
Table 5 Summary of Land Acquisition and Resettlement Impacts
Impacts Number of Area Unit Number of DPs Number affected (Perch) of DHS Male Female
Permanent loss of private, residential/
10% or less 241 112 117 51
11 – 50% 152 112 110 50 Perches 50-99% 420 91 98 42
100% 245 28 30 13
Permanent Loss of Commercial Land
10% or Less 18 28 30 13
11-50% 11 21 24 10 Perches 51-99% 24 33 34 15
100% 23 10 13 5
Permanent loss of agricultural land
10% or less land 180 26 28 12 affected
11-50 % land 144 18 18 8 affected Perches 50-99% land 469 38 34 16 Affected
100 % land affected 1700 265 205 68
Permanent Loss of Structures
Shops/Stores 80 89 91 40
Houses 126 79 83 36
Shop/Houses 23 14 13 6
Corporate –owned 0 0 0 0 factories /commercial Number buildings
Cottages and 10 36 34 14 temporary huts
Other secondary 265 352 367 160 structures
Relocation 19
Shops/Stores 9 11 13 5
Houses 52 Number 28 30 13
Shop/Houses 20 13 14 6
Permanent loss of livelihood
Owners of affected 3 2 3 1 Persons shops
Temporary loss of livelihood
Owners of affected 85 86 89 58 shops Persons Workers of affected 60 8 30 shops
Loss of 275 Trees/crop 0 0 102 crops/trees plants
Loss of rental 20 16 16 8 Persons accommodation
Source: Land Acquisition and Resettlement Survey (LARS) –July 2007 and Advance Tracing, Tenement list
Note: Rounded up to nearest complete figure 47. Out of the displaced households, 213 DPs suffer temporary impact on their livelihood, while impact on the livelihood of five households is permanent. The compensation package covers assistance to both categories. They will benefit from the income restoration programme that would be implemented by the PMU for DPs.
Table 6 Number of DP Households Displaced and Type of Impact
Type of Structure Partially Affected Fully Affected but can Fully Affected be rebuilt within the Need Relocation same plot
House Only 28 5 4
Shops/commercial 30 5 4
Combined shop and 6 0 0 house
Commercial buildings/ 0 0 .0 warehouse /factory
Sheds/temporary 4 7 3 stalls
Parapet 46 67 47 wall/secondary structures
Total 144 84 58
Source: Land Acquisition and Resettlement Survey (LARS) –June 2007
48. A total of 82 buildings would get affected, of which are 64 partially and 18 fully affected. Except for 58 structures others could be renovated or rebuilt in the same locations and the affected are not in an disadvantageous position due to the availability of replacement cost and compensation for temporary loss of income. The number of houses that get partially affected is 28, and fully is nine. Out of the 45 commercial buildings that would be affected, the number which is fully affected is nine. Table 7 Category of Structures and the Affected Extent Type of Structure Affected Area % House 9,500 33.43 Shop 4,950 17.40 Combined House / Shop 810 2.84 Secondary Structures 13,175 46.33 Total 28,435 100
Source: Land Acquisition and Resettlement Survey (LARS), July 49. Total affected area of structures is 28,435 sq.ft. with the secondary structures. Percentage of residential dwellings affected is 33.43 while extent of commercial buildings affected is 4,950 sq.ft. including combined houses and shops. Nearly 50% of the floor area of structures to be acquired is from commercial buildings. Since the road project area is a highly built up locality area the acquisition of structures is unavoidable. 21
2. Impact on Public and Community Properties Table 8 Type of Affected Community/Common Structures and the type of Impact
Type of Partially Fully affected, but Fully affected, need Total Community/ displaced; only can be built in the relocation Common minor repairs are same premises Structures needed
Water points/ 1 0 1 2 communal water system
Temple/ 1 0 0 1 shrines
Total 2 0 1 3
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007 50. Number of community structures affected is three. Only one temple and two communal water points are affected. 51. Towers and poles supporting power transmission and four distribution lines need relocation, as well as two bus bays. The cost of shifting of these utilities and facilities will be borne by the road project. Table 9 Types of Affected Utilities and the type of Impact
Type of Utility Partially Affected Fully Affected (Need to Total (Shifting not be shifted to another Required) location)
Power distribution 3 1 4 poles
Power transmission 0 1 1 towers
Telephone lines 0 0 0
Water distribution lines 0 0 0
Irrigation Canal 0 1 1
Bus stops 0 2 2
Others 1 0 1
Total 4 5 9
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007
3. Burial Grounds and Tomb Stones 52. Except one public cemetery which is partially affected, there are no tomb stones within the acquisition area. 4. Consultation Process will Agencies Responsible for Land Acquisition and Resettlement 53. Workshops were conducted to apprise the principal agencies responsible for land acquisition namely, MOLLD; Departments of Valuation and Survey; Government Printer, and the DS, prior to land acquisition and resettlement. 54. These workshops were organized by the PMU with the concurrence of the Ministry of Ports and Highways and Road Development. The PMU will prepare the acquisition proposals and submit them to the Ministry of Land and Land Development through the MOHHD. with the resettlement plan with a copy to ESD to avoid delays. 55. The MOLLD has the overall responsibility and authority in acquiring land under the LAA. But the main officer responsible for acquiring land for the respective organizations on behalf of the MOLLD is the DS of the area, where the land is located. As the PMU is the recipient of the acquired land, PMU is expected to play a major role as a facilitator to expedite the process by providing logistical support ,liaising with the agencies concerned, and providing experienced Inquiring Officers with the concurrence of the MOL to DSS, to expedite the title determination inquiries. Preparation of notices, translating them into English and Tamil preparation of gazette notifications and publish them in newspapers are undertaken by the PMU. The RAs attached to the PMU will assist the DPs before the title determination inquiries with the advice on required documents to be submitted at the inquiries. Resettlement will be implemented in accordance with the proposals contained in the RP, which had been prepared by the PMU to conform to the Safeguard Policy Statement, 2009 and National Policy on Involuntary Resettlement respectively. If suitable land is available to develop as a resettlement site, development and selection of the site will be done in consultation with the displaced DPs, host community and the DS. 56. It should be noted that the list of DPs and their socioeconomic profiles were not available for review at the time of this study.
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CHAPTER 4 – SOCIOECONOMIC PROFILE
57. The B084 traverse within an area that are urban and suburban in composition. The population is educated and has the benefit of having access to services and other delivery systems of the state and private sector providers. Most of them are employed and enjoy a pretty reasonable standard of living as evidenced from the income they derive from their businesses, professions and vocations.
1. Demographic Data of Displaced Households (DHs) 58. The total population of this road is 1,453 of which 712 are males and 741 are females. Average household size is 4.5. There are 16 households where the number of members per household exceed seven and above. Table 10 Household Size of DP Households
Household Size Total %
1-2 12 4
3-4 155 51
5-6 120 40
7 & above 16 5
Total 303 100
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007
2. Ethnicity
Table 11 Ethnicity of Household Heads Disaggregated According to Gender
Ethnicity Male Female Total
No .of % No .of % No .of % Persons Persons Persons
Sinhalese 284 94.7 16 5.3 300 99
Tamil 1 0.3 0 0 1 0.3
Moor 0 0 0 0 0 0
Other 2 0.7 0 0 2 0.7
Total 287 16 303 100
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007 59. Sinhalese constitute 99% of the household head population in the road project area. Combined percentage of Tamils and Muslims is one.
3. Civil Status Table 12 Civil Status of Household Heads Disaggregated According to Gender
Civil Status Male Female Total
Number % Number % Number %
Married 283 93 0 0 283 93.4
Unmarried 2 0.6 0 0 2 0.6
Widower/widow 0 0 16 5.2 16 5.3
Divorced 1 0.3 0 0 1 0.4
Separated 1 0.3 0 0 1 0.3
Total 287 16 303 100
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007 60. All most 93% of the household head population is married. Only 5.3% constitute of widow. Number of divorcees and those who have separated from their spouses is two, which is a very insignificant figure compared to the total population of the road project area. Table 13.Civil Status of Household Members (Excluding HH) Disaggregated According to Gender
Civil Status Male Female Total
No. of % No. of % No. of % Persons Persons Persons
Married 68 6 487 42 555 48
Unmarried 348 30 225 20 573 50
Widower/ 0 0 8 0.7 8 0.7 widow
Divorced 3 0.3 3 0.3 6 0.6
Separated 6 0.5 2 0.2 8 0.7
Total 425 725 1150 100
Source Land Acquisition and Resettlement Survey (LARS) July, 2007 61. Among the household members, excluding household heads, the married percentage is 48. Out of the total population, excluding household heads, percentage of married males is 6% and a female is 42% of the total population of household members. The percentage of unmarried is 50, widowers/widows and those who are divorced and separated constitute a very negligible 2%, which is a good indicator of the value and sanctity attached to the family in Sri Lankan context.
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3. Population Distribution by Age and Gender 62. The female population in the road project area is partially higher than the male in composition. Out of the total displaced persons, 51 are females and 49 are males. The age group of 41–60 represent 22% of the household population. Nearly 33.8 % of the households (HH) are in the age group of 18-30. Among the HH members 16.5% males and 16.5% females constitute the 18-30 age groups. This roughly represents the gender distribution of Sri Lanka. Over 14% are senior citizens (above the age group of 60). the number of senior citizens have been progressively increasing in Sri Lanka during the past few decades due to the free health care system and other social delivery systems being adopted by the state. The authorities should devise suitable strategies to cope up with the problem of ageing population, because with the passage of time and due to busy life styles of the younger generation the continuation of extended family structure is pretty doubtful, especially in the urban areas. (Tables 13 and 14) Table 14 Age Distribution of Household Members Disaggregated According to Gender
Age Male Female Total
No. of % No. of % No. of % Persons Persons Persons
18-30 251 17.2 241 16.5 492 33.8
31-40 184 12.6 241 16.5 425 29.2
41-60 137 9.4 183 12.6 320 22.1
61-70 122 8.3 53 3.6 175 12.1
>70 18 1.2 23 1.6 41 2.8
Total 712 741 1453 100
Source: Land Acquisition and Resettlement Survey, July, 2007 Table 15 Age Distribution of Household Heads Disaggregated According to Gender
Age Male Female Total Category No. of % No. of % No. of % Persons Persons Persons
20 & 1 0.3 0 0 1 0.3 below
20-40 78 25.7 6 1.98 84 27.72
40-60 94 31.0 4 1.3 98 32.34
Over 60 114 37.6 6 1.98 120 39.64
Total 287 16 303 100
Source: Land Acquisition and Resettlement Survey, July, 2007
4. Educational Information Table 16 Educational Attainment of Household Heads Disaggregated According to Gender
Educational Level Male Female Total
No .of Persons %
None 5 2 7 0.4
Class I - V 22 23 45 3
Class VI - G.C.E.(O/L) 237 266 503 35
G.C.E.(O/L) pass 306 282 588 40.5
G.C.E.(A/L) pass 102 134 236 16
University Undergraduate / 23 28 51 3.5 Graduate
Post Graduate 09 0 09 0.6
Others 08 6 14 1
Total 712 741 1453 100
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007 63. Out of the total displaced households, 3% has achieved primary, 91.5% secondary and over 5.1% tertiary level of education. Only a 0.4% has had no formal education. The percentage of male HH without a formal education is 0.3%, and for female HH it is 0.1%.The literacy rate is above the national average in the road project area.
5. Role of Women in the Household 64. As most of the women are exposed to urban culture and the achievement in education is pretty high the opportunity to take decisions is significantly higher than that of their rural counterparts.
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Table 17 Women‟s Freedom to Engage in Household and Community Activities (Multiple Responses, N = 75) Change Frequency % Time allocation on household matters 21 28 Independent purchasing power 13 17.3 Budget allocation on household needs 08 10.7 Decision making on household matters 16 21.3 Decision making on agricultural activities 04 5.3 Decision making on financial matters 08 10.7 Social events & organization 05 6.7
Source: Land Acquisition and Resettlement Survey (LARS), July, 2007 65. Almost all women have the freedom to allocate time for household matters. Reasonable time could be allocated for social events and organization, as majority of the women are also employed decisions regarding financial matters too could be taken by them unlike their rural counter parts who normally allow such decisions to be taken by their spouses.
6. Vulnerable DPs Table 18 Vulnerable DP Households by Category
DS Vulnerable DHs Division Female Elderly Margin / Handicapped Households Headed Headed Poor / Disabled without Households Households Households Households Secured w/no means w/no means Land of support of support Tenure
Kesbewa 3 4 0 3 0
Total 3 4 0 3 0
Source: Land Acquisition and Resettlement Survey (LARS), July 2007 and review in December, 2010
1. There are 10 DP households belonging to vulnerable category. Of the vulnerable households three are headed by women, three households have disabled people, and four households are headed by the elderly. Some vulnerable DPs are assisted at present by the social services delivery mechanism of the state A special grant of Rs.15,000 is available for the vulnerable households in addition to the assistance given to them under the income restoration program (IRP). Assistance will be provided to the disabled households with the help of the Social Services Department. Table 19 Displaced persons receiving assistance from state institutions
DS Division Percentage of DP Households Receiving Assistance/Subsidies from State
Samurdhi Janasaviya Charity NGO Others Total Payments Support
Kesbawa 2.4 0 0.3 0 1.7 4.5
Total 2.4 0 0.3 0 1.7 4.5
Source: Land Acquisition and Resettlement Survey (LARS), July 2007 2. A small percentage of displaced persons are in receipt of assistance from the state though all the displaced persons who had an impact on their livelihood are earning over Rs.5,000 per month. Percentage of Samurdhi recipients is 2.4%, charity payments 0.3%, and others 1.7%.
7. Attitude of the Displaced Persons towards the Development of the Road Project Expected Socioeconomic Advantages 3. Judging from the multiple responses received from the displaced persons, and weighing the pros and cons, it is evident that the majority of the people perceive the project as a good decision at the right time, to reap the maximum benefit from the construction of the Southern Transport Development Project (STDP). Majority of the people expect the land value in the area to appreciate and the demand to increase.
Table 20 DPs Perceived Social and Economic Advantages of the Project / Road Project (multiple responses, N=100)
Perceived Social and Economic Advantages Frequency Percentage
Social
Improvement of Road Security 40 11
Improve the quality of Environmental conditions 25 7
High demands for lands 45 12
Increase the land value 50 14
Improve Tourism 30 8
Other 10 3
Economic
Generate Additional Income 18 5 29
Perceived Social and Economic Advantages Frequency Percentage
Reduce cost of living 0 0
Develop business premises & work place 21 6
Develop Social Infrastructure 51 14
Develop Transport facilities 62 17
Other 12 3
Total Responses 364 100
Source: Land Acquisition and Resettlement Survey (LARS), July 2007
8. Perceived Adverse Effects 66. Various types of adverse effects are perceived by the DPs as a result of the implementation of the road project. The negative effects vary from construction related disturbances to increase cost of living, social and religious issues. Majority of them consider the loss of income as the major issue. Table 21 DPs Perceived Social and Economic Impacts of the Project / Road Project (multiple responses, N=100)
Perceived Social and Economic Impacts Frequency Percentage
Social
Loss of relatives and neighbours 8 3
Loss of friends 8 3
Loss of access religious places/s 4 2
Affects on children‟s education 0 0
No sufficient remaining lands to resettle 13 4
Increase in Air and Sound pollution 41 16
Temporary disturbance on family life 39 15
Other 26 10
Economic
Loss of Income 23 9
Increasing cost of living 8 3
Parting from business premises and work places 42 16
Limitation of social infrastructure 8 3
Temporary disruption on infrastructure 18 7
Temporary disruption on tourism 4 2
Loss of goodwill 2 1 Perceived Social and Economic Impacts Frequency Percentage
Other 16 6
Total Responses 260 100
Source: Land Acquisition and Resettlement Survey (LARS), July 2007 31
CHAPTER 5 – INFORMATION DISSEMINATION CONSULTATION AND PARTICIPATORY PROCESS
1. Consultation process with agencies responsible for Land Acquisition and Resettlement 67. Prior to land acquisition and resettlement, workshops were conducted to apprise the principle agencies responsible for land acquisition namely, MOLLD, Departments of Valuation and Survey, Government Printer and the DSs. These workshops were organized by the PMU with the concurrence of the Ministry of Ports and Highways.
2. Public Disclosure and Information Dissemination 68. Public disclosure of information and maintenance of transparency by the PMU with all stake holders, specially the displaced persons is one of the cardinal policies of the NIRP and SPS. When activities of the PMU become transparent it will lead to the establishment of mutual trust between the PMU and the stake holders. This process will have salutary effect on all activities of the road project as suspicion and mistrust can have serious negative effect on the implementation of project activities 69. After the initial discussions with the officials of the relevant departments, As described in preceding paragraph, prior to commencement of the land acquisition process, series of public disclosure measures were taken to educate DPs on land acquisition process and resettlement sites.
3. Consultation during RP preparation and implementation 70. Before the commencement of the land acquisition and socioeconomic survey, resettlement assistants were recruited to facilitate the process of consultation. A work shop was conducted in Colombo for the representatives of the main agencies connected with the land acquisition and resettlement to apprise them of the programme in place to disseminate information regarding land acquisition, preparation of RP and the resettlement process. Thereafter discussion was held with the DS, Kesbewa to organize an awareness meeting with all concerned stakeholders. This meeting was attended by members of the clergy, politicians of the area Gramaniladaris, Samurdhi Niyamakas, agricultural assistants, and representatives of the community based organizations and representatives of the relevant government departments. Over two hundred people attended the meeting where hand outs on the project profile and compensation package was distributed among the participants. Presentations were made by the officers of the NHSP on the design of the road project, land acquisition process and brief introduction of the Land Acquisition Act and strategies and proposals to address the resettlement issues. After the presentations a friendly discussion was followed between the officers and the audience to clarify issues which were not fully understood by the members of the public. The participants pledged their support for the expeditious implementation of the project. The information flyer distributed among the participants who are directly involved with the functions of land acquisition and resettlement contains the description of the proposed improvement to the highway and entitlement matrix, and the addresses and telephone numbers of persons to be contacted for further clarifications and information. There were few inquiries from DPs subsequent to the meeting PMU had with them. PMU promptly responded to such inquiries. 108 stake holders attended the meeting. 71. After the meeting with the principal members of the concerned departments. a work shop and a meeting were conducted for the staff of the Divisional Secretary, who are directly involved with the functions of land acquisition and resettlement and for the DPs, their representatives, GNN, Samurdhi Niyamakas, representatives of CBOs, with the assistance of Department of Surveys and Valuation, on the law, procedures and systems in relation to acquisition of land and the payment of compensation. Following participants were present.
Location Participants Buildings Research, Centre DSs, Assistant DSs, Superintendent of Surveys, Regional Valuers Battaramulla District Secretariat Kesbewa, two buddhist monks, Provincial Council members, Secretary, Representatives from the Departments of Survey, Valuation, UDA, Representatives of C BO and NGOs and large number of would-be DPs and former District Secretary, Kesbewa. Colombo DSs, Assistant DSs, Land Officers, subject Clerks.
4. Information Disclosure 72. The disclosure arrangement of information on the land acquisition process, payment of compensation, entitlements which started from the planning stage will continue as a participatory process till the end of the project. 73. The RP should be available for the general public to study and will be displayed at public places such as DS Offices and Local Authorities (Municipal Council/Urban Council/Pradeshiya Saba) where DPs have easy accessibility.
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Table 22: Completed and Planned Public Consultation and Disclosure Activities 1) Completed Consultations and Disclosure
Activity Place Objective Timing Number Responsible Feedback / Action attend Unit Issues / Taken Concerns / Raised
Workshop with Building To Before 80 LAR Unit of Staff Acquisition concerned Research disseminate meeting the NHSP shortages, Officers to Departments Centre, information public, and be recruited Pellawatta, regarding the assistance by PMU to 26-05-2007 Colombo project and from RDA on assist the seek their logistics, DSs, assistance to sundry Provide accelerate expenses logistical the process support of land Surveying of acquisition land by and RS Private Surveyors under the supervision of SD
Public Meeting Homagama Explain the Before the 150 DS &LAR Loss of UDA has with DPs and parameters of conduct of unit of the income, agreed to NGO,CBO and Kesbewa the road the Census NHSP resettle at the allow National and Local Divisional project, land &SES same location building at Politicians Secretariat acquisition Survey even if the the same process, remaining location 02-06-2007 Safeguard extent does even if the Policy 12-07-2007 not conform remaining Statement, to the extent is 2009 & NIRP minimum smaller than on area the required stipulated for extent. Involuntary buildings by resettlement the UDA. Payment of Payment of compensation reasonable and compensation entitlement issues raised matrix by would be affectees
Distribution of Wetara Public Before the 53 LAR unit of Accelerate Negotiating informative School disclosure, conduct of the NHSP the land with the Activity Place Objective Timing Number Responsible Feedback / Action attend Unit Issues / Taken Concerns / Raised literature maintenance the Census and ESD of acquisition relevant of and SES RDA and agencies to transparency, resettlement accelerate 10-06-2007 Confidence process, the land building, request by acquisition DPP Process
2) Planned Consultations and Disclosures
Activity Objective Timing Responsible Unit / Agency
Visit to DP‟s Residences Distribute the Section 2 With the DS,GNN,PMU Notice publication of the SEC notices
Consultation with DPs Explain the process leading Before DS, ESD,PMU, to the taking over possession publication of of lands the Sec 38 (a) notice
Meeting DPs in groups Prepare them to face the title Before Sec.9(1) GNN, RAA & GN Division wise determination inquiries Sec.9 inquiries PMU ( 1) and brief them on the documents to be submitted at the inquiry
Meeting with DPs & host Discuss options of relocation Before DS, GNN, RAA, community, on selection relocation PMU & ESD of relocation sites, it available to be developed by the PMU
Meeting with the DPs Post resettlement Issues and After DS, GNN, RAA, formation of societies by the resettlement PMU & ESD DPs
Note:-The consultation is an ongoing process there is a continuous dialogue between the resettlement staff and the DPs.
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CHAPTER 6 – ENTITLEMENTS
74. The cabinet of ministers has approved an entitlement package to cover all most all anticipated losses by the potential affecters. Interests of the lessees, vulnerable groups, loss of employment and income from businesses have been taken care of by the compensation package applicable to the displaced persons of road project B084. This package is more advantageous to the DPs than the package implemented in the STDP and covers all aspects of losses anticipated by the DPs.
1. Highlights of Entitlements
1.1. Replacement Cost 75. Replacement cost could be defined as the compensation required in replacing a similar land in a similar location and a building of similar floor area and construction.
1.2. Loss of Buildings 76. Replacement cost will be paid for all buildings irrespective of the age of the building. DPs are entitled to retain the salvage materials. In order to translate the concept of helping the displaced persons to achieve a higher level of living standard than what they experienced prior to the implementation of the project, A DP who was in occupation of even a cadjan hut (temporary) is entitled to a cash grant of Rs.300,000 for the loss of the house in addition to other compensation available for resettles.
1.3. Loss of Agricultural Land 77. Agricultural land is a land that is under perennial crops or cultivated seasonally or annually by the owner or lessee or tenant, in conformity with the current international practice, households will be classified as fully displaced persons when the loss is,
Total area Affected area Compensation applicable Less than 1 acre 10% Cash or land (if available) Compensation, for loss of crops Livelihood grant More than 1 acre 25% same as above 78. Title holders who lose less than 10% from a total holding is considered as DPs who are not significantly affected. Wherever possible land for land option will be considered in addition to the compensation of loss of income. Where suitable land is not available, adequate compensation for the loss of land will be paid as per the entitlement matrix.
1.4. Temporary Loss of Private Land 79. During construction temporary occupation of privately owned land may be required to excavate materials for filling and formation of embankments. If such a necessity occurs the contractor with the concurrence of PMU will sign a temporary occupation contract with the owner of the land specifying: (1) Period of occupancy (2) Terms and compensation amounts mutually agreed (3) Compensation for material losses for the duration of the temporary occupation period (4) Compensation for other disturbances and damages caused to property (5) Frequency of compensation payment (6) Rehabilitation and restoration measures (7) Land will be returned to the owner at the end of the temporary occupation period restored to its original condition or improved, according to the agreement.
1.5. Determination of Rates for Properties Acquired 80. The rates that will be used for the calculation of compensation for the acquired properties will be based on the prevailing market rates in order to reflect the cost of replacement of the properties acquired. NIRP and SPS mandate that the compensation payable to DPs should be adequate enough to replace their loss assets. Project has taken into consideration those policy guidelines in determining the relevant rates.
1.6. Special Needs of Vulnerable Households 81. Vulnerable households have being identified by the land acquisition and SES survey conducted by the project in the second half of July 2007. Women headed households, very elderly, disabled and people with title to their land have been included in this category. They are entitled to an special grant of Rs.15,000 per household in addition to the compensation available for other losses. Assistance will be provided by the PMU during the construction of houses by them.
1.7. Special Preparation for the Vulnerable Groups 82. A plan of action will be specially designed for the vulnerable groups as they would feel the effect of resettlement more fully than others. The identified group of vulnerable people will be helped by community organizers who will identify their needs and interests in consultation with them, prior to resettlement these community workers will help the vulnerable DPs to build their skills, identify opportunities, and review constraints that hinder improvement to their socioeconomic status. The resettlement options also could be discussed with them to enable them to select the best option available to them. The small groups of vulnerable people depending on the category of vulnerability may be linked to national institutions that provide assistance and interventions to such groups. As an example disabled people could be linked to the National Disabled Council which falls under the purview of Ministry of Social Services.
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1.8. Entitlements for Tenant Cultivators
Under Paddy Lands Act 83. Paddy Lands Act of 1958 was one of the most socially progressive legislation ever to be enacted by the Parliament of Sri Lanka. The Paddy Lands Act ensures the perpetuity of tenancy. As per the provisions of the Paddy Lands Act, part of the compensation of the acquired property is allocated to the tenant.
Land Owned by State Plantation Corporation 84. People who are in possession of lease agreements with the plantation corporations are entitled to loss of income for the balance period of the lease agreement.
2. Project Entitlement Matrix
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement
4. A. AGRICULTURAL LAND
Loss of Owner 5. with All (cash) payments6. Payment7. RDA, Agricultural title deed or for land will be at replacement for lost assets and CV, DS, LARC. land registration costs. Cash payment for loss restoration of LARC certificate of standing crops and trees at livelihood. Payment market prices In case the DP for loss of income loses 10% or more of their based on productive, income generating entitlement under assets and / or remaining Land Acquisition portion is economically not Act [46 1 (iii)] or as viable for continued use as determined by the determined by LARC, these LARC. options will be available: - 1) If opted by DP, the remainder land will be acquired or injury will be paid at replacement cost if economically not viable. Reasonable time will be given to harvest perennial crops if not payment will be made at market value. 2) Preference will be given to DPs for land for land option (similar location and productive quality, subject to availability or cash payment for loss of land at full replacement costs. Cash Payment for loss of income for Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement portion of land as per the land acquisition Act or as determined by the LARC.
Loss of Tenant, user No payment for land. Cash Payment to cover RDA, CV, DS, access to with lease payment for loss of standing lost crops and LARC. agricultural crops and trees at market restoration of land prices, if cultivated by tenant livelihood or user with lease; AND Cash payment for loss of net income for portion of land affected for the remaining leased/assigned period.
Loss of @Ande farmer No payment for land. Cash Payment to cover RDA, CV, DS, access to (sharecropper) payment for loss of standing lost crops and LARC. agricultural crops and trees at market restoration of land prices; AND Transition livelihood subsistence (in cash or kind) allowance equivalent to loss of crop or harvest for portion of land affected for the remaining period of sharecropping agreement.
Loss of Non-titled user No payment for land. Cash Payment to cover RDA, CV, DS, access to or squatter on payment for loss of standing lost crops and LARC. agricultural private land or crops and trees at market restoration of land state land prices, if cultivated by him. livelihood.
B. RESIDENTIAL LAND AND STRUCTURES
Loss of Owner with All (cash) payments for land Payment for lost RDA, CV, DS, Residential title deed or and structure will be made at assets, assistance LARC. land and registration replacement costs. All to reorganize on structure certificate payments at replacement cost existing land or in cash, according to the relocate on actual loss to repair or rebuild alternate land and the structure to original or support for better condition when transition period. remaining land sufficient to
rebuild upon; For structures not having sufficient land to rebuild upon will be entitled to the following: 1. All (cash) payments for land and structure at full replacement cost (for materials and labor) in cash, WITHOUT deduction 39
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement for depreciation or salvageable materials; 2. Assistance from LARC to locate alternative plot for relocation; OR 3. Rehabilitation package G 2. Shifting allowance see G1. 4. Displaced persons who lose their residence completely he/she is entitled to extra allowance between Rs. 150,000 to Rs. 500,000 depending on the location. 5. For non-title holder the allowance for a alternative land varies from the Rs. 100,000 to Rs. 250,000 depending on the location. Rent allowance varying from Rs. 20,000 to Rs. 100,000 will be paid according to the location (Local Authority Area). Minimum payment for a house (Hut) irrespective of the title will be Rs. 300,000
Shops and Owner/Renter Difference between Equitable D.S, Valuation Houses Lessee replacement cost and statutory distribution of Department, under the payment to be divided compensation RDA Rent Act between the owner and the depending on the
occupant on the following period of basis. occupation. Payment of compensation at replacement cost, according to the following criteria.
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement
Period of % of payment occupation occupant owner
Over 20 75 25 years
10-20 50 50 years
05-10 25 75 years
Less than 10 90 05 years
Loss of rental Tenant, user If there is partial loss of rental Cash payment for RDA, CV, DS, accommodati with lease accommodation, DP has the rental allowance or LARC. on option to stay with the owners cash value of agreement OR if DP chooses remaining lease, to move out, cash assistance assistance for of Rs. 15000 AND Assistance finding alternate in finding new affordable rental rental accommodation. accommodation and support during transition period.
Loss of Non-titled No payment for land. All Payment for lost RDA, CV, DS, residential user, non- payments for structure at assets, assistance LARC. structure permitted user replacement costs in to reorganize on or squatter materials, cash according to land or provision of the actual loss for repairing or alternate site if rebuilding the structure; AND If choosing to affected land is state land DP relocate and may rebuild on the remaining support for land with permission, and if transition period. affected land is private land the project will encourage DP to relinquish the land and relocate on alternate land or DPs can rebuild on existing land then shifting assistance G 1 i. If DP has to relocate then Rehabilitation package – G 1 ii and G 2. If part of the structure is acquired the area to be considered for payment will be calculated up to the structural 41
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement support point.
C. COMMERCIAL LAND AND STRUCTURE
Loss of Owner / All (cash) payments for land Project shall give RDA, CV, DS, commercial operator of lost at full replacement cost; reasonable time for LARC. land and registered Payment at replacement cost DPs to continue structure business in cash, according to the their business actual loss to repair or rebuild operation while the structure to original or rebuilding their better condition when structures. DPs will remaining land sufficient to rebuild their rebuild upon; Payment for any structure as soon associated loss of income as payment is while commercial structure is released and clear being rebuilt. For structures the area in the not having sufficient land to agreed timeframe. rebuild upon will be entitled to Transition the following: 1. All (cash) assistance and payments for structure lost at income restoration. full replacement cost (for materials and labor) cash, WITHOUT deduction for depreciation or salvageable materials; 2. Assistance from LARC to locate alternative plot for relocation; OR if opted by DP on recovery of the undeveloped value of the plot depending on availability of land 3. For income losses cash payment not exceeding three times the average annual net profits from business, as shown by the books of accounts, for three calendar years immediately preceding acquisition or livelihood restoration grant, whichever is higher 1. For businesses who do not maintain books of accounts cash payment equivalent to 6 months net income OR 4. Livelihood assistance grant, Rs 15,000.00whichever is the higher; 5. Rehabilitation Package – G 2 and G2 ii if Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement required.
Loss of Tenant/ If there is partial loss of Cash payment for RDA, CV, DS, commercial operator of structure, DP has the option to livelihood LARC. Structure registered stay with the owners restoration, business agreement or if DP chooses to assistance for move out, cash assistance of finding alternate 15,000 AND Assistance in rental finding new affordable rented accommodation premises to re-establish and support for business For income losses income losses and cash payment not exceeding during transition three times the average period. annual net profits from business, as shown by the books of accounts, for three calendar years immediately preceding acquisition or livelihood restoration grant, whichever is higher. For businesses who do not maintain books of accounts cash payment equivalent to 6 months net income OR Rs.15000.00 Livelihood assistance grant, whichever is the higher. If part of the structure is acquired the area to be considered for payment will be calculated up to the structural support point.
Loss of Owner or For structure – all payments Payment for lost RDA, CV, DS, commercial operator of for structure lost at assets, transition LARC. Structure non-registered replacement cost in cash, assistance and business/ according to the actual loss; income restoration squatter AND For income - cash payment equivalent to 6 months net income OR Rs.15000.00 Livelihood assistance grant, whichever is the higher; AND If affected land is state land DP or if land is private land the project will encourage DP to relinquish the land and relocate on alternate land or; AND Rehabilitation 43
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement package – Items G.2, and G.2 ii if required.
D. OTHER PRIVATE PROPERTIES OR SECONDARY STRUCTURES
Partial or Owners of All (cash) payments for Payment for loss RDA, CV, DS, complete loss structures affected structure at and relocation if LARC. of other (regardless if replacement cost; OR Cost of required property or the land is repair of structure to original or secondary Owned or not) better condition; OR Cash structure (i.e. assistance for relocation of shed, outdoor structure. latrine, rice store, animal pen etc)
Loss of All owners All cash payments per tomb to Payment for loss RDA, CV, DS, tombs or cover the cost of exhumation and relocation if LARC. graves (including any religion required ceremony) if required relocation OR cash payments af Rs. 15,000 per tomb to cover the cost of exhumation (including any religious ceremonies if required)
E. LOSS OF INCOME OF EMPLOYEES OR HIRED LABORERS
E.1 Temporarily Affected
While All affected Cash payment of Rs. 15000 or Businesses will be RDA, CV, business re- employees, Three month salary whichever encourage to retain LARC establishes wage or daily is more existing employees (i.e. laborers‟ in Payment for lost reorganizing private or income during on remaining government business re- land or businesses establishment relocating in the same area)
E.2 Permanently Affected
Job loss due All affected Cash payment of Rs. 15,000 Payment for lost RDA, CV, to relocation employees, or Three month salary income, LARC of business to wage or daily whichever is more rehabilitation another area laborers in package to provide or business private or support and income operator government restoration decides not businesses to re- Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement establish
F. TREES & STANDING CROPS (already included under A)
Loss of crops Person who For owner, payment for crops Payment for losses RDA, CV, DS, and trees cultivates and trees at market prices; For Payment for trees LARC crops and/or tenant, payment for crops shall calculated on trees owns by be paid to tenant; For market value on the private /state; sharecropper, payment for basis of land if the trees in crops shall be shared between productivity, type, private the owner and sharecropper age, and productive timber given to according to the sharecropping value of affected owner and if agreement; For all - advance trees trees in state notice to harvest crop; AND land the Payment for net value of crops timber given to where harvesting is not timber possible; AND Cash payment cooperation; for loss of trees and standing (regardless if crops at market prices; AND the land is Rights to resources from owned or not) privately owned trees (i.e. timber or firewood) All felled trees will be given back to the owners.
G. LIVELIHOOD RESTORATION & REHABILITATION ASSISTANCE
G.1 Materials Transport Allowance i. DPs Cash assistance (shifting Payment for RDA, CV, Reorganizatio reorganizing allowance) of Rs 5000 to disturbance and to LARC n of or rebuilding 15000 depending on the floor assist in rebuilding residential on same plot area of the house structure DP/household ii. DP Relocating Cash assistance (relocation Allowance to cover RDA, CV, requiring DPs allowance) of Rs. 5000 up to transport of LARC relocation for an amount of Rs 15,000 household or housing DP/household for commercial effects, transportation to new location salvaged and new or site based on floor area of building materials the house in occupation before relocation.
G.2 Livelihood Restoration (Grant & Training) i. Permanent DPs/ Livelihood restoration grant - Cash sum to offset RDA, CV, effects on as cash assistance of Rs income losses not LARC household livelihood 15,000 per household (plus directly paid for, to professional assistance and provide support 45
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement advice, if required, to invest while business re- funds or to set up a business establishing or as at a commercially viable start-up investment location). for new business if DP has to change livelihood. ii. Permanent Severely Assistance to increase Access to existing RDA, CV, effects on affected productivity on remaining land agricultural LARC livelihood farmers (i.e. increasing cropping extension services remaining on intensity, use of high yielding and development of affected land seeds, diversification and new services as introduction of new seeds or per the specific crops etc) and assistance to needs of DPs as access existing subsidies. identified through consultation with them, support for access to existing subsidies, development and training from Department of Agriculture, Tea Smallholding Authority, Agrarian Services Department, Coconut Development Board, and Rubber Control Department
G.3 Special Assistance
Agricultural Owner For the agricultural land RDA, Valuation Lands other compensation payable under Department, than paddy A and B in item one is D.S lands title applicable, payment of 5% of holder the statutory value subject to a minimum value of Rs.10,000 and a maximum of Rs.100,000, if vacant possession is handed over on or before a date nominated by the RDA/DS Sufficient time to be given to harvest crops or Compensation for the loss of Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement crops.
Incentive Owner, or Ex-gratia payment of 25% of To encourage DPs D.S, Valuation payment occupant at the statutory value of the to handover the Department, the time of building to be paid, if the acquired properties RDA handing over vacant possession is handed on a timely basis.
the property over on a date stipulated by the D.S/ RDA, subject to a minimum of Rs.25,000 and maximum of Rs.500,000
Effects on Vulnerable A special grant of Rs 15,000 Assistance, over RDA, CV, vulnerable DPs including per DP/household to improve and above payment LARC DPs the poor, living standards of vulnerable for lost assets, to elderly DPs, DPs and households reduce impacts of ethnic minority Assistance to vulnerable resettlement which households households in finding suitable can IPs, female - land for relocation and shifting. disproportionately headed affect the already households, vulnerable and to and disabled ensure that the project does not simply re-establish levels of poverty, vulnerability or marginalization
H. COMMUNITY ASSETS
Loss of Divisional Restoration in existing location Full restoration of RDA, CV, buildings and Secretary of of affected community buildings, LARC other the division, buildings, structures, structures, structures urban ward, infrastructure and common infrastructure, (schools, village, local property resources to original services or other temples, community or or better condition; OR community clinics, walls local authority Replacement in alternative resources by etc), owning or location identified in contractor (costs to infrastructure benefiting consultation with affected be borne by (local roads, from communities and relevant project) or payment footpaths, community authorities; OR (Cash) for such if bridges, property, Payment at full replacement agreement for local irrigation, infrastructure cost; AND restoration of authority or water points or resources buildings, structures, community to or communal infrastructure, services or undertake the hand pumps other community resources. restoration works. etc), common resources (such as water supply, 47
Entitled3. Intent/ Responsibility E Type of loss Persons Entitlements Requirement community forests)
Any Any unanticipated consequence of the project will be documented and mitigated based unanticipated on the spirit of the principles agreed upon in this policy framework. adverse impact due to project intervention
Note: Ande farmer is a person who cultivates a land owned by another on harvest sharing basis.
Cut-off Date for consideration of payment of compensation 85. Cut-off date for consideration of payment of compensation is the date of publication of the Section 2 notice under Land Acquisition Act. For B084 the said date is 20 June 2008. This date is common to both title and non-title holders.
CHAPTER 7 – GRIEVANCE REDRESS MECHANISM
86. The Project will pursue a participatory approach in all stages of planning and implementation. This is expected to ensure that the displaced people have nothing or little to complain about. However, some people may still remain dissatisfied for some reason or the other. Many grievances arise due to inadequate understanding of project policies and procedures, and can be promptly resolved by properly explaining the situation to the complainant. 87. Timely redress of grievances is critical to the completion of a project in a satisfactory way. The effort will therefore be to first seek resolution of these grievances at the local level through the mediation by Grama Niladari, village leaders, and by involving resettlement specialists, NGO and others as necessary. The Samatha Mandala, committees set up by the Ministry of Justice for conflict resolution can also be approached.
1. Grievance Redress Committee 88. For complaints and disputes that cannot be settled locally, the Road Development Authority (RDA) will establish a Grievance Redress Committee (GRC) with well defined functions, composition, and a procedure to redress grievance. The following paragraphs describe the grievance redress process. 89. For Whom: Any DP may approach the GRC to seek its assistance in resolution of any problem, complaint or dispute concerning land acquisition, compensation and resettlement. DPs dissatisfied with awards may also appeal to the GRC where GRC will refer in to the appropriate forum after examining the complain. Only appellants or others specifically authorised may attend the GRC meetings. 90. Functions: The function of the GRC is to remove grievances, settle disputes of the displaced persons regarding land acquisition, compensation and resettlement. The GRC mandate and procedures will be given wide publicity so that DPs have a better understanding of their entitlements, rights, and responsibilities. 91. Composition: The GRC will be a five member committee and headed by the Assistant Divisional Secretary with the relevant division: Project Manager/Resettlement Officer, District Valuation Officer, and four civil society representatives (who may be chosen from among the recognized non-government organizations (NGOs)/CBOs, clergy, persons representing DPs groups and women). In addition, the Resettlement Officer/SIMO of the RDA will function as the Secretary of the GRC and will be responsible for keeping record of all grievances registered and action taken on them. When required, the GRC can seek the assistance of other persons/institution. 92. Venue of the GRC Meetings: The GRC will meet at the project site keeping in view the convenience of the displaced persons. But it will be free to hold its meetings at any other locations if that will be more convenient to DPs.
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93. Working System: The GRC will deal promptly with any issue relating to land acquisition, compensation and resettlement that is brought before it. The GRC will make all efforts to see that these issues are also resolved within 2–3 weeks. The GRC will take decisions on the basis of a majority vote. 94. Powers: The GRC has no authority to deal with cases pending in a court of law. It cannot challenge the legal entitlements of DPs. The GRC will also refrain from making decisions on issues relating to design and related engineering matters and on pending compensation cases. However, the GRC can invite the contractor and the engineer to clarify issues including construction impacts. 95. Procedure for Resolution of Disputes: Displaced persons will be free to present their grievances without any fear or pressure from government authorities. They can present their grievance verbally. They can also present their grievances in writing, for which assistance will be provided if so required. 96. The decisions of the GRC will be conveyed to DPs in writing. Three copies of the decisions will be provided: one for the DP, second copy for the Project office and the third copy for the Divisional Secretary. 97. The decisions of the Grievance Redress Committee will be in conformity with the resettlement policy and the entitlement matrix. 98. Appeal against GRC Decisions: Displaced persons not satisfied with the GRC decisions can appeal to higher authorities in the Project, the Ministry of Ports and Highways, or to even Courts of Law. 99. The displaced persons who are aggrieved by the decision of GRC will be free to approach higher authorities for grievance redress. Grievances relating to land titles, which is a legal issue, will remain outside the purview of this Committee, and persons with such grievances will be advised to approach the appropriate courts of the laws to settle such disputes. DPs will be exempted from all administrative and legal fees associated with the grievance settlement procedure, except for cases filed in courts. 100. Role of Secretary GRC: PMU/Secretary will educate public regarding the GRC process. All complaint will be documented by secretary of GRC. He will arrange GRC meeting when sufficient number of complaints are available. All correspondence regarding the GRC will be attendant to by him. Secretary/PMU will inform the DPs on the roll of the GRC through GN and CBOs.
2. The proposed composition of the GRC
Asst. Divisional Secretary Chairman
Representative from the PMU President Member of Representative (to be the Secretary to the GRC) Peace Council Clergy of NGO/CBO
Land Acquisition Compensation Review Board (LARB) 101. There is a provision in the LAA for any aggrieved party to appeal to the LARB, in respect of the statutory valuation determined by the Valuation Department. Such appeals should be made within 21 days of the award of the compensation under Section 17of LAA.
Table 7C: Grievance Redress Process
Step One The displaced person approaches the Project staff at site with a complaint regarding his problems that he thinks have not been addressed properly or compensation is inadequate restore is loss properties and standard of living. The project staff explains him to steps taken to assist him and solved his grievances but, he remains unconvinced. Step Two Not satisfied with the explanation by the Project staff, DP goes to the Grievance Redress Committee about which he had come to know from a consultation meeting that he had once attended. He first makes his complaint to the GRC verbally but he follows it up with a written petition. The GRC assures him that his complaint will be looked into and a reply sent to him within 4-5 weeks. If the complaint is within the mandate of the GRC, GRC will examine it and submit the findings to appropriate forum for necessary action. If required DP will be invited to GRC when his complaint is taken for scrutiny. If the complaint is not based on a proper understanding of compensation procedure or any legal issue was involved or complaint is not within the mandate of GRC the DP will be accordingly informed within 15 days. This again leaves the DP disappointed. Step Three The DP persists and this time knocks at the door of the Compensation Review Board with hopes of getting his grievance redressed forever. But this does not happen. Step Four The last resort left for the DP is the Court of Law if he still feels that none of the above organization has delivered justice to him. The decision of the court would be final. Since his problem has adjudicated by a competent, knowledgeable legal body.
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3. Other agencies that the DPs could forward their grievances
3.1. Samatha Mandalaya – SM (Board of Mediation) 102. This is a body of distinguished citizens functioning as a conflict resolving committee appointed by the Ministry of Justice for each Judicial District, the decisions of the Samataha Mandalaya is not binding on the parties to the conflict. It has no mandate to enforce decisions, this is purely a consultative process, and disputes between DPs could be referred to SM to persuade the parties to arrive at an amicable solution without resorting to protracted litigation.
3.2. Human Rights Commission (HRC) 103. By the constitution of Sri Lanka, commission has been established to entertain and inquire into the violation of human rights by state officials and agencies, this is a built in mechanism provided by the state to safeguard the rights of the citizens against arbitrary and illegal actions of the state officials. An aggrieved party could seek relief from HRC. Chairman and members of the HRC is appointed by the President on the recommendation of the Constitutional Council.
3.3. Parliamentary Ombudsman 104. Independent official appointed under the Constitution, to inquire into the grievances brought to his notice by the members of the public.
3.4. Parliament Petition Committee (PPC) 105. An aggrieved member of public could bring to the notice of the Hon. Speaker of Parliament through a member of parliament (peoples‟ representative) his grievance. Hon. Speaker will direct the PPC to inquire into the matter. The committee will direct the offending party to provide relief to the aggrieved, if the committee find that relief sought is justifiable.
3.5. Parliament Consultative Committee of the Ministry of Ports and Highways 106. This is another forum where an aggrieved DP could direct his grievance. Secretary to the Ministry of Ports and Highways, Chairman and General Manager and other relevant senior officers are members of this committee which will be chaired by the Minister in charge of the portfolio of highways.
3.6. Litigation 107. An displaced person aggrieved by a decision of any public official in the process of implementation of the land acquisition and implementation process could challenge such decisions in an appropriate court of law, if such person is unsuccessful in obtaining a reasonable redress through discussions.
3.7. Legal Aid Commission 108. Government of Sri Lanka has established an agency to help people who cannot afford legal expenses, when they seek redress from the judiciary .On an application made to the Secretary of the Legal Aid Commission with evidence of his income, the Legal Aid Commission, appear for the aggrieved party in a court of law without fees. 53
CHAPTER 8 – RELOCATION OF HOUSING AND SETTLEMENTS
109. The PMU, with the assistance of DSs, will take adequate measures to help the displaced persons to relocate their residences and businesses in a manner that would not disrupt their style of living and socioeconomic standards. In the area covered by the road project, the partially affected houses and business establishments could be relocated in the same premises, if sufficient land is available to do so. It would be a very desirable option for the DPs. With the development of the road, the remaining portions of the properties will appreciate in value considerably. Even where a total house has to be demolished, if sufficient land is available to rebuild the house in the same premises, the DPs will be encouraged and give all assistance to do so.
1. The Options Available for DPs for Relocation a. On the same premises if sufficient land is available to reconstruct the lost building. b. Lands in extent of 10–20 perches provided by the PMU in consultation with the DP and the host community, If suitable lands are available in close proximity to the DPs original habitats. c. On a land selected and bought by the DP of his own for relocation (self- relocation) 110. In the case of sites chosen by the PMU in consultation with the DP and host community all infrastructure facilities required at the resettlement site will be provided by the PMU. 111. Where an DP has taken the decision to relocate himself at a site purchased by him or a site owned by him such DPs are entitled to following additional assistance depending on the local authority area of his original residence. Table 23 DPs Preferred Method of Compensation (Multiple Responses)
Preferred Compensation for Land Frequency Percentage
Land for land 13 13
Cash compensation 87 87
Total 100 100
Source: Land Acquisition and Resettlement Survey (LARS), July 2007 112. Almost 87% of the affected preferred cash compensation as against 13% who preferred land for land. Probably they would have realized that it is impossible to receive land in exchange of their lost properties since suitable land is not available within a convenient distance from their original habitats.
Local Authority Area Amount of additional compensation Municipality Rs.500,000 Urban Council Rs.300,000 Pradeshiya Sabah Rs.150,000 113. Replacement cost will be paid for all buildings irrespective of the age of the building. DPs are entitled to retain the salvage materials. 114. All DPs subject relocations are entitled to following payments to assist them in the relocation process. 1. Rent allowance of Rs.50,000 to Rs 100,000 (one time)depending on the area of his original residence and the floor area. 2. A transport allowance of Rs.5000 to 15,000 depending on the floor area of the original residence 3. A livelihood grant of Rs.15,000 to vulnerable households.
Resettlement Preferences 115. More than 28% of the DPs had no concern regarding relocation as they are not getting fully affected. The number of DPs who preferred to relocate by themselves is 15%. The number of DPs who chose to resettle in a site provided by the state is 15. Resettlement would not be problem for 154 DPs as the impact would not result in relocation. Table 24 DPs Preferred Method of Resettlement Preferred Relocation Frequency Percentage Resettlement by self 46 15 Same plot or another place Resettlement as 75 25 With government community assistant Don’t know/ can’t say 28 9 Does not arise 154 51
Total 303 100
Source: Land Acquisition and Resettlement Survey (LARS), June 2007
2. Incentive Payments 116. All DPs who hand over the possession of their properties on a date prescribed by the PMU will be entitled to an ex-gratia payment of 25% of the statutory valuation of the building subject to a minimum of Rs. 25,000 and a maximum of Rs. 500,000 and for lands 5% of the statutory value subject to a minimum of Rs.10,000 and a maximum of Rs.100,000. 55
3. Relocation Assistance for Encroachers 117. Encroacher is a person who occupies a state or private land without the permission of the owner. EA assist the encroacher by allocating a housing block up to 10 perches free of charge at a fully serviced resettlement site developed by the PMU subject to the availability of a suitable land. In lieu of a building block, if the original habitat was in a Municipal or Urban Council area 50% of the cash grant is entitled for a title holder and Rs.100,000 in Pradeshiya Sabah areas. They are also entitled to all other payments applicable to title holders except for the compensation for the land.
4. Relocation of Sub-families 118. Those married adult children who had lived with parents in the same house at least 3 years prior to the publication of Section 2 notice under LAA, are entitled to a plot of land from a fully serviced resettlement site up to 10 perches free of charge or cash grant applicable to an encroacher in lieu of a plot of land.
5. Loss of Community Facilities and Resources 119. Affected community buildings and facilities will be repaired to their previous condition or replaced in consultation with affected communities and relevant authorities. These include schools, temples, health centres, public wells, irrigation canals, foot bridges, cemeteries and access to community resources.
Loss of Public Utilities 120. PMU will pay for the relocation of all public utilities and it is the responsibility of the respective state agencies who are specialized in such functions to undertake the tasks of relocation.
Damages Caused During Construction 121. All damages caused during construction will be compensated by the contractor. This activity is monitored by the Social and Environmental Impact Monitoring Officers attached to the PMU.
Construction Related Disturbances 122. If DPs living close to the ROW have to be temporarily evacuated during blasting operations, the contractor has to compensate for the disturbances and inconvenience caused to them. These aspects have been included in the environment management plan and appropriate legal provisions will be made in the contract entered to with the contractor. DPs could report to the GRC for any construction related disturbances to be taken up with the contractor.
Transfer of Ownership of Housing Lots Allocated at Resettlement Sites 123. Titles to the housing lots given to the DPs will be transferred to them as soon as possible and all legal and stamp fees will be borne by the PMU.
6. Measures to Assist with Establishment at New Sites and Integration with the Host Community 124. After allowing the resettlers to settle in their new habitats, the PMU will assist them to form into societies to develop social cohesiveness among them, develop their micro environments with mutual help and understandings. The area allocated for common purposes will act as the centre to integrate with the host community by allowing children of the neighbours to engage in recreational activities with the children of the resettlers. Encourage the new settlers to involve themselves in common activities of the host community. The common wells constructed at the resettlement sites will also made use of to assist the process of social integration with the host community. In consultation with the local authorities arrangements will be made for the disposal of solid waste and provision of illumination of streets at night. The PMU will coordinate with the postal authorities to provide them with postal facilities. 57
CHAPTER 9 – INCOME RESTORATION AND REHABILITATION
1. Loss of Income and Livelihood of the Displaced 125. Number of DPs losing income temporarily is 71, of which 19 are females and 52 males. Majority of them derive their income from business establishments and agriculture. Impact of the income of 16 DPs are permanent, and among them are seven females. The loss of income due to temporary disruption to businesses during readjustment period will be compensated as per the provisions made in the entitlement matrix.
Table 25 Livelihood of DPs which are displaced by the Project
Type of Livelihood Temporary Permanently Total Affected Affected
Male Female Male Female Male Female
Retail Shop (essential 6 3 1 0 7 3 items)
Wholesale shop (essential 5 0 1 0 6 0 items)
Small shop (service) 6 0 0 0 6 0
Large shop (service) 5 0 0 0 5 0
Store 2 0 1 0 3 0
Garage/Tyre shop/service 4 0 1 0 5 0 centre
Vehicle Yard (selling) 1 0 1 0 2 0
Hardware shop 1 0 1 0 2 0
Hotel/restaurant/bar 2 0 1 0 3 0
Tea Shop 5 1 2 1 7 2
Fuel centre 0 0 0 0 0 0
Vegetable shop 2 0 0 2 2 2
Fruit shop 2 3 0 3 2 6
Fish shop 1 0 0 0 1 0
Others 10 0 0 1 10 13
Total 52 12 9 7 61 18
Source: Land Acquisition and Resettlement Survey (LARS), July 2007
Table 26 Workers/Labourers in Business/Enterprises which are affected by the Project Position Temporary Permanently Total Affected Affected Male Female Male Female Male Female Managerial/ 0 0 1 0 1 0 Supervisory Casual Employee 30 8 0 0 30 8 Total 30 8 1 0 31 8
Source: Land Acquisition and Resettlement Survey (LARS), July 2007 126. Number of salaried and wage earning employees in business and enterprises operating in the road project area, temporary affected due to the land acquisition for the project is 39 comprising 31 males and eight females. Only one male is affected permanently.
Income Distribution and Expenditure Patterns of Displaced Households with Impact on Livelihood 127. Majority of the DPs are receiving a monthly income of over Rs.10, 000 according to the socioeconomic survey findings in 2007. There are no DPs who are below the official poverty level. Little less than 5.5% earns an income less than Rs.10,000 per month. Percentage of DPs in the medium income bracket (between 25,000–50,000) is 18.The high income range (50,000–over 200,000) constitutes 16.5% of the DPs. Most of the displaced population is having a reasonably high standard of living. With their exposure to society and the level of education they have achieved, it would not be difficult for them to readjust to changing situation with the receipt of compensation for the lost properties. (See Table 21)
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Table 27 Monthly income and Expenditure of the DP Households Monthly Income Derived by the Income Expenditure DPs from their Displaced No % No % Livelihood <5,000 0 0 0 0 5,001 -7500 4 2 5 2.5 7,501-10,000 7 3.5 12 6 10,001-15,000 55 27.5 45 22.5 15,001-25,000 65 32.5 59 29.5 25,001-50,000 36 18 64 32 50,001-100,000 18 9 8 4 100,001-200,000 9 4.5 5 2.5 >200,000 6 3.0 2 1 Total 200 100 200 100 Source: Land acquisition and Resettlement Survey (LARS), July 2007
2. Trade and Business 128. As it is a road widening project, only two strips of land from either side of the ROW is being acquired. Average extent that would be acquired from each DP would be around 7.5 perches. The highway between Pamankada at the Colombo end at polgasowita is thickly populated with large number of dwellings and commercial establishments. The minimum width from the centre of the road would be eight meters. Therefore extents that would be required to be acquired from either side of the existing road would be not very significant. The business premises that required to be acquired need to be assessed carefully in order to arrange for the restoration of their incomes if relocation is unavoidable. The prospects of business environment after the improvements made to the highway would be brighter due to enhanced mobility of passengers and goods. 129. Forty-five business premises are either fully or partially get affected out of the total affected business premises 36 are partially affected. Only four commercial buildings need relocation at alternate locations. DPs are willing to readjust their structures to continue business in the same locations. In the home gardens DPs will lose few trees like coconut, bananas, papaya etc. There are number of industries and services of various categories either managed by the land owners or by tenants or lessees.
3. Project as a Development Opportunity 130. NIRP requires that the PMU should consider the resettlement programme as a development opportunity for the affected. Project benefits should flow to the affected through institutional interventions such as adequate and timely compensation, income restoration programmes, rehabilitation of vulnerable groups, employment opportunities in construction related activities. 131. Before commencement of designing a plan for the IRP, consultations will be held with the displaced as income restoration requirements differ from one category to the other. Strengths and constraints of the affected will be analysed to benefit from their strengths and adopt measures to overcome constraints. Strength of the DPs, weakness of the DPs, opportunities available, threats that may be faced in the course of income rehabilitation, among others, will be closely studied before implementation of this programme.
4. Empowerment of Displaced Persons 132. Empowerment will focus on following areas: a) Increase the awareness of the DPs b) Development of skills, vocational, managerial and entrepreneurial c) Improve and promote leadership qualities d) Formation of societies by members to address common issues. e) Training in Human Resources Development f) raining in occupational skills development g) Members of target groups attend regular meetings conducted by RDA h) Members of target groups open savings accounts and contribute to savings i) Feedback information to the PMU to facilitate the implementation process
5. Anticipated Losses 133. Following losses are anticipated as a result of acquisition of properties for the road project B084: Income from standing crops (impact not permanent) Income from affected business Income from wage earnings Income from rent/leases
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6. Organization of Implement the Income Restoration Plan 134. Income restoration will be undertaken by the PMU with the assistance of a NGO, if the need arises to obtain their assistance. The PMU will act as a facilitator and a coordinator for the DPs to obtain the services and inputs available from the respective state and private institutions for poverty alleviation and entrepreneur development programmes. Logistic support and funds required to implement the IRP will be provided by the PMU. The Resettlement Officer attached to the PMU with the assistance of RA will be in charge of the IRP under the supervision of the Team Leader Resettlement. Where ever possible assistance of CBOs will be solicited. As the affected businesses need time to recover special attention will be paid to the people who would have an impact on their businesses during the recovery period. 135. The institutions that would directly involve in the IRP would be:
Banks and other financial institutions Vocational Training Authority National Apprentice and Industrial Training Authority Assistance of the NGOs such as Chamber of Commerce, Matara would be sought 136. All income restoration programmes will be undertaken in consultation with individual DPs and their associations.
7. Categories of DPs Entitled to Income Restoration Benefits DPs losing agricultural lands DPs with less than one acre of residual agricultural land DPs losing coconut plantations DPs losing reasonable income from homestead gardens. . DPs losing businesses. Very poor who need institutional support to improve their income. Other vulnerable categories
8. Identification of Potential Income Restoration Programmes 137. RDA has conceived resettlement as a development opportunity with full rehabilitation and access to project benefits and accordingly following strategies will be adapted to restore the livelihood and income of the economically displaced persons. After a strengths, weaknesses, opportunities and threats (SWOT) analysis of the project area focusing on DPs a viable livelihood and income restoration plan will be implemented. The project will not differentiate between the title holders and non-title holders when this programme is implemented. Everyone will be afforded an opportunity to improve their living standards. Provisions also have been included in the Entitlement Matrix to assist the farmers, agricultural holders, tenants, business units and others who lose their income as a result of this project. 138. The Project involves only primary improvements to existing road, and majority of effects will be strip acquisition from their property frontages. This nature of acquisition is very severe in highly urbanised areas where residential and commercial areas are very close and where there is a little or no room to move back and rebuild on the same plot. In this situation DPs could stand to lose their existing homes and or businesses. Sri Lankan experience is that they prefer to stay close to the roads and remain on lands with reduced standards in order to remain on land with direct road frontages. DPs will be given the option under these conditions to remain on the existing plot if the road widening allows and will not be forced to relocate. All DPs whose livelihoods are affected under the project will be provided with livelihood restoration measures which will include the following. A livelihood restoration allowance to assist as seed money to re-establish a business Allowance and interventions for poor and vulnerable families Vocational or skilled training and empowering them Project related employment. 139. When identifying potential income generating opportunities for needy people, greater emphasis will be paid to raw materials and resources available in the affected area. Some of the raw materials, resources available in the area are Relatively cheap labour Availability of electricity Communication facilities Training facilities in vocations Number of banks and financial institutions Consultancy services Training facilities in gem cutting and polishing. Potential for the development of tourism Raw materials like reeds, lime stones, quarries, timber, coir, curd, treacle, coconut oil, kaolin, clay, gems and other precious stones etc… Coconut based industries.
Training in Skills Development 140. One person from each displaced household will be selected for the development of skills. Adult children of the households losing dwellings and commercial premises will be given priority in the selection of trainees. It is the experience in the STDP that the compensation package designs to mitigate the resettlement impacts have sufficiently cushioned the DPs from adverse situations. 63
Training in Entrepreneur Development 141. Entrepreneur development will be provided to selected individuals who are capable of benefiting from such training after an initial screening purpose. The basic requirements would be willingness to commence a business or an industry and the seed money or ability to raise capital. PMU will act as a catalyst and a facilitator to raise the capital and develop business plans of the interested DPs.
Employment Opportunities during the Construction Phase 142. It is envisaged that the following contractual opportunities will be available to DPs during the construction phase of the project. Light vehicle drivers Heavy vehicle drivers Masons Carpenters Welders Bar benders Computer operators Clerks Office Aids Labourers 143. The PMU will liaise with the contractor to find employment opportunities in the construction related activities.
Interim Measures 144. Compensation for the temporary loss of income due to acquisition of properties or employment will be paid as listed in the entitlement matrix. CHAPTER 10 – RESETTLEMENT BUDGET
1. Total Cost for Land Acquisition and Resettlement 145. Total cost of land acquisition and resettlement will be in the region of Rs. 376.6 Million. These sums include provisions for income restoration including training and contingencies. The table below gives the details breakdowns, of the estimated cost of Land acquisition and resettlement. Table 28 Estimated Cost of Land Acquisition and Resettlement of Road Project B084
Item No Item No Unit Rs / Unit Total (Rs) Total (US$)
Compensation Agricultural 2,493 Perch 4,000 9,972,000 86,713 for Lands Land
Residential 1,058 Perch 225,000 238,050,000 2,070,000 Land
Commercial 76 Perch 350,000 26,600,000 231,304 Land
Incentive 5% of 8,238,660 71,641 Allowance statutory valuation
Compensation Permanent for Structures
Houses 9,500 Sq.ft 2,500 23,750,000 206,522 Class -1
Shop 4,950 Sq.ft 2,500 12,375,000 107,609 Buildings
House / Shop 810 Sq.ft 2,500 2,025,000 17,609 Class-2
Semi-Permanent
Shed Class - 1,320 Sq.ft 1,400 1,848,000 16,070 3
Temporary 0 Sq.ft Class- 4
Other 11,855 Sq.ft 500 5,927,500 51,543 Structures (Secondary)
Incentive 25% of 5,740,688 49,919 Allowance statutory valuation
Compensation Business 39 Nos 15,000 585,000 5,087 for Loss of Income Income 65
Item No Item No Unit Rs / Unit Total (Rs) Total (US$)
Agricultural 40 Nos 15,000 600,000 5,217 Income
Loss of Wage Nos
Loss of 18 Nos 15,000 270,000 2,348 employment Salary
Trees Fruit Trees 43 Nos 2,000 86,000 748
Timber Trees 65 Nos 5,000 325,000 2,826
Allowances Income 5 Nos 25,000 125,000 1,087 Restoration
Shifting 35 Nos 5,000 175,000 1,522 Allowance
Relocation 35 Nos 50,000 1,750,000 15,217 Allowance / rent
Vocational 1 Nos 10,000 10,000 87 Training Grant
Special Grant 9 Nos 15,000 135,000 1,174 for VP
External 12 Month 187,500 2,250,000 19,565 Monitoring
Sub Total 340,837,848 2,963,807
Administrative Cost 0.5% 1,704,189 14,819
Contingencies 10% 34,083,785 296,381
Total 376,625,821 3,275,007 Source: Consultations and Secondary Data This is an approximate budget based on the feasibility study it will be updated after the detail engineering designs are completed. +As trees are of varying ages, an average rate was taken for budgeting purpose US. Dollar calculation is based on Rs.115 per U.S $. # In the absence of valuation report, 60 % of the estimate for lands and 50% of the estimate for buildings were taken to calculate the incentives at 5 % for lands & 25 % for buildings Note:-The entitlement matrix allows the compensation of loss of income for commercial enterprises at the rate of 06 months net income or Rs.15, 000.00 whichever is higher, on this basis an estimate of Rs 50,000.00 per house hold was taken as budgetary provision for this budget line. Note: I Hectare is equivalent to 395.25 perches; 1 Acre is equivalent to 160 Perches
2. Rates Used in the Preparation of the Resettlement Budget 146. In the previous study rates used in the preparation of the resettlement budget was derived from the rates used in paying compensation of DPs of STDP, interviews with stakeholders. Also discussions with Valuation officers, property developers, were held and paper advertisements by prospective sellers were observed. The consultants in December 2010 in updating the study reports consulted Notaries of the areas, housing estate developers and knowledgeable DPs and residents of the area. Their general view was that during the past 3–4 years drastic changes have not taken place with regard to the property and land prices and 5–10% increase may be reasonable. As such, a 10% increase for previous rates for land and properties was incorporated into the budget. 67
CHAPTER 11 – IMPLEMENTATION SCHEDULE
147. A time bound implementation plan is envisaged to be implemented for each activity barring a force major. Resettlement activities will commence from 1 March 2011 with the recruitment of Team Leader/Consultants, Resettlement Assistants and supporting staff. The resettlement plan will be implemented during a period of one and half years from March 2011. Table 29 Implementation Schedule – Major Events
Activities Time after Responsibility Commencement
Recruitment of resettlement staff and Month 1 M/OH, PMU/RDA initial training
Conduct of Census and SES and Month 2-3 PMU, LARD/ESD input of data and analysis
Preparation of RP and submission to Month 4 PMU, M/OL, ESD, JBIC M/L&ADB for approval
Land Acquisition - Process Month 1-11 PMU, DS, SD,VD, GP, RDA, M/OH, M/L
Payment of Compensation Month 6-10 PMU, S,SD,VD, M/OH, CSC, NGO
Relocate houses, shops, businesses Month 16-18 PMU, LARD/ESD, CSC, NGO
Clear the ROW Month 17 - 18 PMU, CSC
Issue notice for commencement of Month 10-18 PMU and ,M/OH,JBIC civil workers
Income Restoration Month 17 - 18 PMU, LARD/ESD, , CSC, NGO
Management Information System Month 1- ongoing PMU,LARD/ESD, CSC,, NGO
Grievance Redressing Month 5 - ongoing GRC, Samatha Mandala, Other state institutions
Verification of monitoring information Month 6 – 18 External monitor, PMU, by external expert ARD/ESD&JBIC CHAPTER 12 – INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT
148. Ministry of Ports and Highways is administratively responsible for the implementation of the project through the RDA. Accordingly RDA has for this purpose established a PMU to implement and monitor day to day activities of the road project. The PMU has a certain degree of financial autonomy and administrative flexibility subject to general guidelines issued by the Management Services Division of the Treasury and the Ministry of Ports and Highways through RDA. 149. Implementation of a project to open up a new road or improve and widened an existing road involve number of legal and social functions in addition to the construction programme. 150. Following state agencies are directly involved in the activities of the project in addition to the PMU: 1. Ministry of Ports and Highways 2. Ministry of Land and Land Development 3. Divisional Secretary and his Grama Niladaris 4. Survey Department 5. Valuation Department 6. Government Printer 7. Central Environmental Authority 8. Municipal Council Matara 9. Pradeshiya Sabah 10. Ceylon Electricity Board 11. Water Supply and Drainage Board 12. Sri Lanka Telecom Ltd. 151. Contractors and Consultants employed by the PMU. CBO of DPs, NGOs and other Civic Organizations also play a significant role in the implementation process of the road project.
1. Project Management Unit 152. The PMU is headed by the Project Director assisted by engineers and four consultants on land acquisition and resettlement and the supporting staff on administrative and financial matters. 153. PMU performs the following major activities: Conduct awareness meetings with stake holders to disseminate information in respect of the project and act on the feedback received after such meetings Distribute informative bulletins to ensure transparency Conduct land acquisition and SES to collect necessary data for the preparation of resettlement plan. Coordinate the land acquisition process with the DS and the relevant government agencies 69
Prepare resettlement plans and implement them to restore the lives of the displaced persons at least to the pre project level, after obtaining the approval of the Ministry of Land and Land Development and ADB Execute a reasonable compensation package to realize the objectives of the NIRP Coordinate with related state agencies to restore/improve the income of the DPs Coordinate with the community based organizations to assist the DPs in resettlement activities Identify resettlement sites in consultation with the DPs and host communities Assist DPs on resettlement in new sites selected by them Expedite the payment of compensation by assisting the DS and other relevant parties Coordinate the activities of GRCs Assist the vulnerable Monitor the resettlement plan with identifiable indicators Develop a plan to address gender concerns. Develop a plan to address gender concerns Implement the construction programme through contractors and supervision consultants Monitor the construction programme Submit periodical reports to the relevant state agencies and ADB. Ensure flow of funds to maintain a healthy cash flow.
2. ESD and Land Division 154. The ESD and Land Division is responsible for policy issues and provision of guide lines on land acquisition and resettlement to the PMUs. The ESD assists the PMU in conducting the land acquisition and SES surveys, training enumerators and data analysts, reviewing RPs before they are submitted to the ADB. They will maintain a central database for all projects.
3. Divisional Secretariat 155. The DS is responsible for the acquisition of land. He is the officer legally empowered to acquire land and vest the same with the RDA to commence construction work. Even though legally acquisition of land is the function of the DS, the PMU get involved actively to (i) coordinate the various activities leading to the taking over of vacant possession from the owners of the properties; (ii) prepare proposals for the signature of the Honorable Minister of Land, as well as notices to be published by the DSs for the information of the public; (iii) prepare and publish orders in the government gazette; (iv) assist DS to get the relevant plans prepared by the Survey Department; (v) coordinate with the Valuation Department to get the valuation process expedited; and (vi) provide logistic support to the DSs. These are mainly the functions performed by the PMU to buttress the efforts of the DS to accelerate the complex process of land acquisition.
4. Land Acquisition and Resettlement Committee (LARC) 156. The Regulation 2008 gazetted as No. 1585/7 on Tuesday, 20 January 2009 stipulates that replacement cost will be paid to all lands and structures acquired under the LAA for public purposes. Accordingly LARC payments will not be implemented. But as initial actions have been taken for this road and the DPs were informed about the LARC payments prior to implementation of this new regulation gazetted on January 20th 2009 it is recommended to implement LARC procedure to this road project.
5. Field Office of the PMU 157. A sub-office will be established to facilitate the land acquisition and resettlement programme inclusive of income restoration activity. The sub office will be located within the project area. A Resettlement Assistant will be stationed at this office with supportive staff to coordinate day to day activities of the land acquisition and resettlement programme including income restoration portfolio.
6. Construction Supervision Consultants (CSC) 158. Main function of the construction supervision consultant is to monitor, supervise and guide the construction programme;
Responsibility of RDA on Payment of Compensation a. Advise the DPs regarding the list of documents to be submitted at the title determination inquiries conducted under Section 9 of the LAA b. Ensure timely cash flows to assist DSS to pay the statutory payments as they are due c. Prepare individual cheques and hand them over to DS to effect payments d. Assist DS to inform the DPs in advance regarding the payment of compensation e. Prepare the list of DPs with categories of compensation they are entitled to f. Document grievances if any made by the DP g. Make arrangement to pay the interest due on the statutory payment through the DS 71
h. Arrange to distribute a certificate with details of the compensation paid to each DP i. Allow a period of 4-6 weeks after the payment of statutory compensation and other assistance for the DP to hand over vacant possession of the property j. PMU should pay the incentive payment due to the DP immediately after the DP handover the vacant possession within the prescribed period to the DS/PMU k. Store all data in respect of compensation in a pre-prepared database l. Maintain a file for each DP, containing data on each DP collected at land acquisition and SES survey and the details of payments made and other correspondence with the DPs
Responsibilities of DPs during compensation payment 159. The DPs should produce all relevant documents at the Section 9 inquiries to establish their rights and ownership, including title deeds, government grant certificates, lease permits, rental agreements, documents on tenancy rights, registration extracts, among others, which are relevant to each DP. 160. The DPs should also ensure that they will personally receive compensation as far as possible. However, if due to an unavoidable reason if DP is unable to collect the payment cheque personally, a proxy could collect the payment upon authorization by the DP in writing certified by the GN of the area, on the alternative he/her could request for another date to accept the payment. Statutory payment from the DS 161. It is the responsibility of the DP to raise objections if any within 21 days of the issue of Section 10(1) notice to confirm to provisions of the LAA. If no objections are raised order under Section 17 will be issued by the DS conveying the quantum of statutory compensation due to he/her for the property acquired for the particular public purpose. 162. DP should hand over the vacant possession of the property within the prescribed period in order to qualify for the incentive payment.
7. Institutional Arrangement to Attend to Gender Concerns 163. PMU will recruit one female resettlement officer and five female resettlement assistants to attend to the gender concerns of the resettlement programme, in addition to the four consultants/team leaders, employed by the PMU. One of the consultants/team leaders will be directly in charge of the road project with inputs from other consultants/team leaders as the needs arise. One female resettlement assistant, a graduate with a degree in Sociology will be stationed at the project to attend to resettlement matters including gender concerns. She will be assisted by a female clerk. This arrangement will permit a closer interface by the resettlement staff with the displaced female DPs.
Table 30 Matrix of Roles and Responsibilities of Government Agencies and Other Organizations involved in Resettlement Planning and Implementation
Agency/Unit Roles and Responsibilities RDA/PMU Preparation of land acquisition proposals, staffing, coordination with other relevant agencies, consultation with stake holders, dissemination of information, secure funds Lands for resettlement, lands for resettlement, develop infrastructure at resettlement sites, arrange IRP, and internal monitoring
Ministry of Ports Submit proposals forwarded by the PMU to MOL ,arrange for funds, and Highways and Road Development Ministry of Land Approval for the publications of relevant orders under LAA, Approval and Land of RP Development Divisional Acquisition of lands, payment of statutory compensation, payment of Secretary interest, consultation, information dissemination, GRC, and vesting acquired land with the RDA Grama Niladhari Delivery of notices under LAA to the DPP, consultation, facilitate acquisition of alternate lands, preparation of advance tracing and final plan by assisting the surveyors to identify the claimants, Valuation Preparation of condition reports of the properties to be acquired, Department preparation of valuation reports, Government Publication of gazette notifications relevant to land acquisition Printer Local Authority Approval of resettlement sites, housing plans NGO Consultations, dissemination of information, assist DPs at title determination inquiries, (Sec9). GRC, secure alternate lands, GRC, external monitoring Displaced Persons Help in planning of resettlement site development, IRP, Monitoring Construction Planning, monitoring construction and resettlements Supervision Consultants 73
CHAPTER 13 – MONITORING AND EVALUATION
164. Resettlement Monitoring means the collection, analysis, reporting and use of information on the progress of resettlement, based on the RP. Monitoring focuses on physical and financial targets and the delivery of entitlements to persons displaced. Monitoring is usually conducted internally by the executing agency, sometimes with the assistance from external monitoring specialists. It is a requirement to submit monitoring report to ADB.
Aims and Objectives 165. Monitoring will be done by the PMU in relation to the activities detailed out in the RP and against the time frame indicated against each activity. In addition to recording the progress in compensation payment and other resettlement activity, the EA will prepare monitoring report to ensure the implementation of the RP has produce desired outcome. Information gathered from the monitoring exercise will be subjected to review by the PMU and other relevant stake holders, take effective remedial measures to mitigate or solve the problems that need institutional interventions.
Method and approach to provide the Information 166. The collection of base line data for each indicator identified to measure the benefits for the target groups that will be affected by the project. Monitoring during project implementation particularly to inform the management about progress any discrepancies in the delivery, use, and immediate effects of these services. Feedback to management and actions taken to mitigate unexpected impacts. Management is required act upon the information and, together with affected communities or target groups, design and implement solutions to reduce the discrepancies.
Detailed Methodology 167. Field level monitoring will be done by the unit office of the PMU with the assistance of the DPs, GNs, and CBOs. The mechanisms to be used in field level monitoring include (a) review of files, (b) informal sample survey of DPs, (c) key informant interviews, (d) in-depth case studies and (e) community public meetings
Key Indicators for Monitoring 168. The following set of key indicators will be used to conduct the monitoring:
a. Comparison of pre/post-socioeconomic status b. Restoration of income earning capacity c. Development of kinship ties d. Integration with the host villagers e. Access to education, water supply, and sanitation, etc. Reporting Requirements 169. The unit office of the PMU will submit monthly progress reports on the following activities to the PMU. The PMU will submit a consolidate progress report of all road projects to ESD, Steering Committee, and Project Coordinating Committee monthly containing the following information: Number of DPs category wise Land acquisition with details of the stage of the process for e.g number of Sec2 notices issued. Number of DP prepared number of Section 38 (a) issued, etc. Number of DPs paid with statutory compensation Number of Buildings taken over by PMU Number of DPs resettled at RDA site Number of self-relocated people Number of vulnerable people Assisted by the PMU Number of gender issues reported by the DPs Number of gender issues solved Number of DPs need income and livelihood restoration assistance Number of DPs assisted under IRP Number of GRC meetings held Number of complaints received by the GRC Number of grievances solved by the GRC Provide guide lines for future resettlement policy making and planning from the lessons learned. 170. The information gathered and reports prepared by the PMU will be verified by qualified and experienced external expert employed by the PMU. The terms of reference of the External Expert (Monitor) is given in the Annexure 3. 171. External expert will commence after the commencement of the resettlement programme. External expert will prepare semi-annual verification and monitoring reports that describe the progress of implementation of resettlement activities and any compliance issues and corrective actions. Reports will be submitted to ADB on semi- annual basis with the following schedule: First Report: 31 December 2011 Second Report: 30 June 2012 Final Report : 31 December 2012
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Computerized Management Information System (MIS) 172. All information regarding loss of assets (inventory of losses) of individual DPs, and socioeconomic information will be stored in a data base maintained by the PMU. Soft copies of such data will be given to ESD for them to maintain a centralized data base for all highway projects. A Database Manager will be recruited to store and maintain the database. 173. MIS will include Information of all losses suffered by individual DPs, which include: the extent of land acquired area of structures lost number and type of trees lost compensation paid according to category of losses other entitlement 174. MIS should be capable of generating monthly, quarterly and annual reports required for the management and the ADB.
Table 31 Monitoring and Evaluation Indicators
Type Indicator Examples of Variables
Staffing No. of RDA staff employed functional wise No. of surveyors & valuation officers available for Training programmes held for the project staff
No of unit offices established
Consultation No of awareness meetings held with the stake holders
Participation No of training programmes held for the, officers
Process Process Indicator No of informative bulletins distributed
Grievance Resolution No of GRC established No of complaints received and resolved
Acquisition of Land Type and extent of private land acquired
Type and extent of state land acquired
Structures No. type and area of private structures acquired Output No .type and area of state structures acquired No. type and area of community structures acquired Type Indicator Examples of Variables
Trees & Crops No and type of trees owned by private people acquired No and type of trees owned by state agencies Acquired
Compensation & No of households Displaced according to type of Rehabilitation losses Ag .paid for a perch of land Ag. paid for a sq.ft of buildings Type ,number and total of allowances paid No. of resettlement sites developed No of houses constructed by DPs at resettlement sites No of DPs constructed houses by themselves
Household Earning No. of DPs loss employment Capacity No of DPs suffered loss of income from (a) agriculture (b) Business (c) No obtained loans from bank and other sources (d) No. assisted by IRP
(e) No. employed by the project
Changes to Status of Participation in Community Based activities Women Loss of employment Aggravation /facilitation of gender issues
Impactindicator Participation in project activities
Changes to status of Changes in school attendance by gender wise Children Employment in road project No attending new schools, gender wise
Settlement & Generation of new businesses ,Influx of population Population Outsiders buying land in the near vicinity of the road project, increase in encroachers /squatters in state lands 77
Annex 1: National Involuntary Resettlement Policy (Approved by Cabinet Members of GOSL on 24.05.2001)
Rationale 1. Public and private sector development projects increasingly involve acquisition of land. People whose homes and lands are acquired then have to move elsewhere and resettle in locations that may be unfamiliar. In general resettlement has not been very successful and there are several recent examples in Sri Lanka where people have shown resistance to project that cause displacement. Among the significant consequences of resettlement has been impoverishment of displaced persons due to landlessness, homelessness, joblessness, relatively higher morbidity, food insecurity, lack of access to common property and public services, and disruption of the existing social organization. International, regional and national experience with resettlement has generated considerable knowledge on the planning and implementation of involuntary resettlement and this experience if used effectively can ensure that adverse impacts of displaced persons are fully addressed in terms to established policy objectives.
2. In Sri Lanka the Land Acquisition Act of 1950 as amended from time to time only provides for compensation for land, structures trees and crops. It does not require project executing (PEAs) to address key resettlement issues such as (a) exploring alternative project options that avoid or minimize impacts on people; (b) compensating those who do not have title to land; (c) consulting displaced persons and hosts on resettlement option; (d) providing for successful social and economic integration of the displaced persons and their hosts; and (e) full social and economic rehabilitation of the effected persons.
3. The National Environmental Act (NEA), No.47 of 1980, amended by Act No.56 of 1988, has some provisions relevant to involuntary settlement. The Minister has by gazette notification No.859/14 of 23 February 1995 determined the projects and undertaking for which Central Environmental Authority (CEA) approval in needed in terms of part IV C of the NEA. The schedule includes item 12, which refer to Involuntary Resettlement Exceeding 100 families, other than resettlement resulting from emergency situations. However, these provisions do not adequately address key resettlement issues mentioned in paragraph 2 above.
4. To ensure that persons displaced by development projects are treated in a fair and equitable manner, and that they are not impoverished in the process, it is necessary that Sri Lanka adopts a National Involuntary Resettlement Policy (NIRP). Such a policy wood establishes the framework for project planning and implementation. Subsequently, it will be necessary to prepare guidelines on resettlement planning and implementation to be used by PEAs.
5. People have moved voluntarily, mainly to the dry zone, starting from colonial days. These were state sponsored settlement programs aimed at developing and exploiting land resources in that region, while relieving on land in the wet zone. There are many commonalties in the objectives and implementation of voluntary and involuntary settlement and resettlement programs.
6. Nonetheless, the policy proposed here refers only to development-induced involuntary resettlement, where the option to stay behind does not exist. It does, however, also apply to cases where people do not have to be physically relocated.
Objectives of the Policy Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the reestablishment of the displaced persons on a productive and self-sustaining basis. The policy should also facilitate the development of the project-displaced persons and the project. Ensure that persons adversely displaced by development projects are fully and promptly compensated and successfully resettled. The livelihoods of the displaced persons should be re-established and the standard of living proved. Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purpose by the state. Assets adversely displaced persons in dealing with psychological, cultural, social and other stresses caused by compulsory land acquisition. Make all displaced persons aware of processes available for the redress of grievances that are easily accessible and immediately responsive. Have in a place consultative, transparent and accountable involuntary resettlement process with a time frame agreed to by the PEA and the displaced persons.
Scope The policy will apply to all development-induced land acquisition or recovery of possession by the state. A comprehensive resettlement plan will be required where 20 or more families are displaced. If less than 20 families are displaced the policy still applies but a plan can be prepared to a lesser level of detail. The policy will apply to all projects regardless of source of funding. The policy will apply to all projects in the planning phase on the date this policy comes in to effect, and all future projects
Policy Principles Involuntary resettlement should be avoided or reduced as much as possible by reviewing to the projects as well as alternatives within the project. Where involuntary resettlement is unavoidable, displaced persons should be 79
assisted to re-established themselves and improve their quality of life. Gender equality and equity should be ensure and adhered to throughout the policy. Displaced persons should be fully involved in the selections of relocation sites, livelihood compensation and development options at the earliest opportunity. Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all displaced persons Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs. Resettlement should be plans and implemented with full participation of the provincial and local authorities. To assist those displaced to be economically and socially integrated in to the host communities; participatory measures should be designed and implemented. Common property resources and community and public services should be provided to displaced persons. Resettlement should be planned as a development activity for the displaced persons. Displaced persons who do not have documented title to land should receive fair and just treatment Vulnerable groups should be identified and given appropriate assistance to substantially improve their living standards PEAs should bear the full costs of compensation and resettlement.
Institutional Responsibilities The Ministry of Land and Land Development Development (MLD) will be responsible for the implementation of the NIRP PEAs will be responsible for complying with all the requirements for planning and implementing resettlement according to the NIRP. PEAs (like the Road Development Authority) that have significant resettlement in their projects will establish resettlement units with adequately trained staff CEA will be responsible for the review of impacts and mitigating measures of projects involving involuntary resettlement. CEAs capacity will be strengthened so that it could provide necessary guidance to public and private sector agencies undertaking projects that have involuntary resettlement impacts. MLD will prepare regulation and guidelines on involuntary resettlement planning, implementation and monitoring. MLD and CEA will conduct training courses in resettlement planning, implementation monitoring. CEA will review and approve the resettlement plans prepared by PEAs, and make plans publicly available. MLD will draft amendment to the Land Acquisition Act in order to bring the law in line with the NIRP Following consultation with stakeholders, MLD will submit a final draft of the amended Land Acquisition Act for government approval. MLD will prepare the necessary implementation guidelines based on the amended LAA. A steering committee will be formed comprising MLD, CEA, PEAs and other relevant agencies to exchange experience on resettlement, and coordinate and oversee the implementation of the policy.
Monitoring and Evaluation A system of internal monitoring should be established by PEAs to monitor implementation of resettlement plans, including budget, schedule, and delivery of entitlements, consultation, grievances and benefits. PEAs should make adequate resources available for monitoring and evaluation. A further system of external monitoring and evaluation by an independent party should be established to assess the overall outcome of resettlement activities. Monitoring and evaluation reports should be review by the PEA, CEA, and MLD and action taken to make improvements where indicated. Displaced persons and other stakeholders should be consulted in monitoring and evaluation. Lessons thus learned from resettlement experiences should be used to improve resettlement experiences should be used to improve resettlement policy and practice. Summary of Institutional Responsibilities for Involuntary Resettlement Function Responsibilities Overall Policy Ministry of Land and Land Development Implementation (MLD) Preparation (Planning) Project proponent (Can be contracted to consultants, universities, non-government organizations) Review of Resettlement Project approving agency (PAA) and Central Plans (RPs) Environmental Authority (CEA) Approval of RPs PAA and CEA Implementation Project executing agency (PEA), divisional administration, provincial Monitoring PEA, with review by CEA and MLD Evaluation Independent organization on behalf of MLD, PEA, and CEA
7. Definitions of Terms Used 81
Displaced - Person displaced by changes to use of land, water or other resources Person caused by development projects Compensation - cash or payment in kind made to displaced persons to replace assets, resources or income
Emergency - natural disasters, civil and political conflict situations Situation Expropriation - government taking possession of property or changing property rights in order to execute or facilitate development projects Entitlements - A variety of measures including compensation, income restoration and interim support, transfer assistance, relocation and other benefits that are due to displaced persons, depending on the nature of their losses, to improve their economic and social base Gender Equity - Recognition of both genders in the provision of entitlements, treatment and other measurement under the resettlement plan Host population - households and communities residing in or near the area to which displaced persons are to be relocated
Income - re-establishing income sources and livelihoods of persons restoration displaced
Involuntary - unavoidable displacement of people arising from development resettlement projects that creates the need for rebuilding their livelihoods, incomes and asset bases in another location Rehabilitation - re-establishing and improving incomes, livelihood, living, and social systems
Relocation - moving displaced persons and their moveable assets and rebuilding housing, structures, improvements, to land, and public infrastructure in another location Replacement - the level of valuation for expropriated property sufficient to actually cost replace lost assets, or to acquire substitutes of equal value or comparable productivity or use; transaction costs are to be included Resettlement - a time-bound action plan with budget setting out resettlement plan strategy, objectives, options, entitlement, actions, approvals, responsibilities, monitoring and evaluation. Resettlement - a detailed breakdown of all the costs of a resettlement plan phased budget over the implementation period
Resettlement - loss of physical and non-physical assets including homes, effects communities, productive land, income earning assets and sources, subsistence, cultural sites, social structures, networks and ties, cultural identity and mutual help mechanisms. Settlement - voluntary movement of people to a new site where they re- establish their livelihoods as in the case of the Mahaweli Scheme
Social - process of consultation with displaced persons undertaken before key preparation resettlement decisions are made; measures to build their capacity to deal with resettlement, taking into account existing and cultural institutions Vulnerable - distinct groups of people who might suffer disproportionately from groups resettlement effects such as the old, the young, the handicapped, the poor, isolated group and single parent households 83
Annex 2: The personnel met during the field visits
1. H. Janak Kaldera - DP 836, Havlock Road, Pamankada.
2. S. Somasiri (CEB Labourer) – DP 832, Havlock Road, Pamankada.
3. P. Sirinona – DP 832, Havlock Road, Pamankada.
4. T. Wickramasena (CEB employee) – DP 842, Havlock Road, Pamankada.
5. K. Dimand Sinjo (Weval Carving) – DP 844, Havlock Road, Pamankada.
6. N. Sumeda – DP 838, Havlock Road, Pamankada.
7. S. Premathilaka – DP 840, Havlock Road, Pamankada.
8. Narawala Gamage Maginona – DP 660, Havlock Road, Pamankada.
9. S.H. Sarath (Loundary Operator) – DP 509, Havlock Road, Pamankada.
10. G. Wickramasinghe (Businessman) – DP 748, Havlock Road, Colombo - 6
11. K. Gunadasa – DP 762, Havlock Road, Colombo - 6 Annex 3: TOR for the External Monitoring and Reporting Expert / Agency
Introduction 1. Land acquisition and resettlement process will be monitored both internally by RDA through PMU, ESD, CSC and with the assistance of NGOs and externally by an independent agency with the objective of obtaining feedback to the management. This will facilitate the management to identify problems in the implementation and successes as early as possible and to take timely adjustments to the implementation arrangements. 2. RDA / PMU with the approval of the ADB will appoint an experienced and qualified monitoring expert/agency for the entire road project to carryout verification and monitoring.
Objectives of the External Expert 1. Monitoring to verify that resettlement has been implemented in accordance with the approved resettlement plan. 2. Monitoring to ensure that DPs have been able to at least restore their livelihoods and living standards 3. Conduct periodical social audits of land acquisition and resettlement activities.
The key tasks of the External Expert on Verification Monitoring And Reporting
Review and verification of monitoring reports prepared by the project. 1. Review and verification of internal monitoring reports prepared by the project. 2. Review and examine the socio – economic baseline census and detailed measurement survey information of DPs to be relocated. 3. Identify and select impact indicators. 4. Assessment of impacts through formal and informal surveys with the displaced persons. 5. Consultation with DPs, Officials, Community Leaders for preparing review reports. 6. Assess the resettlement efficiency, effectiveness impact and sustainability, drawing lessens for future resettlement policy formulation and planning. 7. Review the functioning and efficiency of the Management Information 8. System Assessment of DPs satisfaction on the valuation of assets and entitlements, timing of payments, fund availability and disbursements. 9. The agency will carry out a baseline survey of the road project, prior to implementation of the resettlement plan enabling to collect adequate pre project 85
data for monitoring. The outcome of the external monitoring reports will be communicated to PMU and ESD through a meeting and necessary remedial actions need to be taken will be documented. These external experts monitoring reports will be submitted to the ADB by the PMU, for their information and feedback for any improvements or remedial action.
Reporting Schedule of External Expert to Project Executing Agency First Report: On or before 30 November 2011 Second Report: On or before 31 May 2012 Final Report : On or before 30 November 2012 Annex 4: Census Survey Questionnaire In order to collect information and data for the preparation of the Resettlement Plans, the consultants in 2007 have used the attached questionnaire. Obtaining socio economic data and assessment of land acquisition impacts were assessed on the basis of the information derived out of this questionnaire. 87
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