KINGDOM OF MOROCCO
Ministry of Equipment, Transport, Logistics and Water Resources
Water Department
PROJECT FOR THE SUSTAINABLE MANAGEMENT OF WATER RESOURCES IN THE SEBOU BASIN (PGDRES) –SIDI ABBOU DAM
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SUMMARY OF THE FRAMEWORK PLAN FOR LAND ACQUISITION AND COMPENSATION OF PROJECT-AFFECTED PERSONS (PCATI-PAP)
June 2019
SUMMARY OF THE FRAMEWORK PLAN FOR LAND ACQUISITION AND COMPENSATION OF PROJECT-AFFECTED PERSONS (PCATI-PAP)
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Project name : Project for the Sustainable Management of Water Resources in the Sebou Basin (PGDRES) – Sidi Abbou Dam
Country : Kingdom of Morocco
1. INTRODUCTION
At the request of Moroccan authorities, the African Development Bank Group will support the implementation of the Project for Sustainable Water Resources Management in the Sebou Basin (PGDRES) - Sidi Abbou Dam in Morocco.
From an environmental and social standpoint, the project is classified under Category 1 as its implementation will result in the physical and economic displacement of more than 200 people as well as the flooding of approximately 590 ha of agricultural land, displacement of 72 households and loss of livelihoods for 930 inhabitants, about 30% of whom are women. Hence, the project was subjected to an Environmental and Social Impact Assessment (ESIA) accompanied by a framework plan for land acquisition and compensation of project-affected persons (PCATI-PAP).
The PCATI-PAP was submitted at this stage because the right-of-way required for the construction of the dam proper is known, but the one required for the dam easements, associated infrastructure and/or facilities and access roads is not yet known because the attendant engineering studies will be conducted only subsequently (in at least 9 months).
PCATI-PAP presents the general principles that will guide all expropriation operations relating to PGDRES implementation. It defines the procedures to be followed for the prior determination of expropriation and compensation/damages claims. It also specifies the compensation/damages mechanism and the redress mechanism, and sets out the institutional and capacity-building arrangements for implementing the expropriation and complaint processing procedures. PCATI-PAP is a contractual document whereby the Kingdom of Morocco formally undertakes to honour, in conjunction with the local authorities and in accordance with OS2 requirements and procedures, the compensation/damages rights of any person or entity potentially affected by the project. The cost of implementing PCATI-PAP (production of RAP, compensation/damages, operation, capacity-building, implementation monitoring) shall be fully borne by the Borrower.
PCATI-PAP should be designed as a plan for land acquisition and compensation of affected persons (PATI- PAP) prior to launching of the project to be implemented by the Project Management Unit. Submission of PATI-PAP shall be a special condition precedent to disbursement of financing for works that lead to expropriation.
This document is the summary of the PCATI-PAP.
2. PROJECT DESCRIPTION
2.1 Project Objectives
At the sector level, the project aims to enhance the country's resilience to climate-change impact through improved water resources management in the Sebou basin.
Its specific objective is to construct a new 198 million m3 capacity dam on the Oued Leben in Taounate Province in the Sebou watershed. The dam’s objectives are: (i) irrigation of a perimeter of approximately 4,600 hectares; (i) strengthening of the DWS networks of several small urban and rural areas; (iii) flood protection for several rural and urban areas downstream, as well as contribution to the protection of the Gharb plain; (iv) hydropower generation capacity of about 5 MW; and (v) reduction of losses to the sea by creating options to interconnect with other watersheds.
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2.2 Project Components
The future dam will be built of roller-compacted concrete (RCC) and have a height of 61 m and a crest length of 115 m. The reservoir surface area will be approximately 830 ha (8.33 km2), with a capacity of 198 Mm3. The annual siltation rate at the Sidi Abbou dam site was evaluated at 0.422 Mm3/year; i.e., a 21.1 Mm3 dead storage, for a duration of 50 years. It will regulate an annual volume of 84 Mm3, with an average deficit of 4.1%.
The project comprises the following key components:
A. Construction of various dam structures (RCC dam, embankment dyke, water intake, hydro- mechanical equipment, ...);
B. Technical assistance (testing, works supervision and inspection, technical assistance);
C. Project management (expropriations, operation, ...)
2.3 Project Cost and Financing
The total cost of the entire project excluding taxes and customs duties is estimated at MAD 1,243.4 million, or about UA 92.2 million (at the April 2019 exchange rate of : UA 1 = MAD 13.486).
The project will be jointly financed by the Bank and the Moroccan Government. Bank financing will be UA 67.8 million (approximately MAD 914.8 million) or approximately 73.5% of the total project cost estimate, excluding taxes. The Moroccan Government will provide MAD 328.6 million (26.5% of the total project cost). This amount covers operating costs, land acquisition, agricultural compensation costs and the rehabilitation of socio-economic infrastructure (roads, administrative buildings, etc.).
2.4 Project Area and Beneficiaries
2.4.1 Project Area
The future Sidi Abbou dam will be located on the upstream section of Wadi Leben, a tributary of Wadi Inaouene on the right bank, about 4.4 Km as the crow flies upstream from Ras El Oued in the Ain Maatouf commune, in Taounate Province (the coordinates are: X = 584,950 m, Y = 424,620 m).
The project covers the two provinces of Taounate and Taza. Four municipalities will be partially affected by the future reservoir of the dam, namely Ain Maatouf and Ain Mediouna in Taounate Province and Brarha and Bni Frassen in Taza Province.
Figure 1 : Location of Sidi Abbou Dam Source: Supporting and Descriptive Memorandum of ODA 2019
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The population of municipalities in the study area dropped from 171,157 inhabitants in 2004 to 157,173 in 2014, representing a negative average annual growth rate (AAGR) of -0.8%. The rural communities account for 92% of the population in these communes, while the urban population, found in the municipalities of Tissa and Tainaste, represents only 8%.
The dominant economic activity in the project area is agriculture, followed by trade and handicrafts. The main crop is cereals, followed by vegetables. Tree farming is dominated by the cultivation of olive trees. Trade, mainly conducted by small retailers operating little shops in some douars, has also developed in project area municipalities. The craft industry is quite developed in project area communes. Indeed, this sector enjoys a diversity of skills and output. The leading craft activities in the study area are embroidery/tapestry, handweaving and sculpture ... etc.
3. POTENTIAL IMPACTS
3.1 Potential Positive Impacts on the Human Environment
According to the project's ESIA, the different significant positive impacts of the project on the physical, natural and socio-economic environment may be summarized as follows:
• Agricultural water production for the development of a downstream farm located in the two communes of Ras El Oued and Sidi Mohamed Ben Lahcen;
• Creation of an irrigated farmland over an area of 4600 ha which will be equipped with a stand-alone irrigation network; this will significantly boost the region’s socio-economic activity and improve farmer incomes;
• Supply of drinking water to the population of Taounate Province;
• Protection of the dam’s downstream sites from flooding by containing the overflow from Wadi Lbene that generally waters the Gharb plain;
• Hydropower generation for injection into the national grid;
• Control of the impact on the hydrological system by regulating the flow of the wadi (downstream of the dam), thus ensuring minimal flow (i.e., environmental flow);
• Impact on the natural environment of Taounate Province by creating a wetland;
• Impact on groundwater resources through a possible water level rise in the wells upstream of the dam;
• Impact on job creation during the construction phase and promotion of economic activity in Taounate province. Other employment activities will be created upstream of the dam.
3.2 Potential Negative Impacts on the Human Environment
At this juncture, the PCATI-PAP is expected to affect people and property as follows: physical displacements due to the loss of homes that will be flooded by the future dam reservoir; economic losses owing to loss of livelihoods (agricultural and commercial activities) of the project-affected population and losses of public/community infrastructure and facilities. The assets and livelihoods affected at this stage are: (i) 72 dwellings and 57 annex structures; (ii) 590 ha of agricultural land, 40% of which is irrigated farmland (irrigated from traditional wells or directly from the wadi); (iii) 298 farmers will lose their agricultural and livestock activities; (iv) olive, pomegranate, vine, fig, citrus and almond plantations; (v) infrastructure: provincial paved road of approximately 8.5 km; feeder roads; two public wells along with their irrigation equipment; a DWSS (well + distribution tower); about 20 private wells; a bridge recently built on the Wadi Lben; MV and LV lines of about 2 km; (vi) social amenities: the Bni M'Hammed School; a housing unit for teachers comprising three apartments; the recently built Rouf Mosque; 3 cemeteries in the douars of Ain Maatouf, Dhar Said and Rouf; (vii) business establishments: seven grocery stores (shops); five douar cafés; a
4 modern oil mill (with six evaporation ponds for crushed olives); twelve traditional Maasaras (oil mills); a traditional wheat mill.
The key negative impacts during the construction phase are: private property violation; construction work nuisances affecting local residents; emissions of suspended particles and exhaust gases due to increased movement of machinery and employees' vehicles as well as earthworks required to open access roads to worksites; physical deterioration of rocks and soils due to soil fragmentation and compaction; risk of contamination of the soil and of surface and groundwater by worksite waste; degradation of worksite vegetation; safety risks for the resident population and their livestock; safety risks for project workers.
4. ORGANIZATIONAL RESPONSIBILITY
Within the Water Department which is under the Ministry of Equipment, Transport, Logistics and Water Resources, the Directorate for Water-Supply Facilities (DAH), the Topography and the Land Acquisitions Service and the Compensation Service (SAFI) will be in responsible for producing the PACTI-PAP and implementing it with the support of qualified technical assistance. These structures are familiar with managing expropriation operations particularly in the field of dam construction.
5. COMMUNITY PARTICIPATION
In accordance with Morocco’s policy and that of the Bank, the Water Department has adopted the participatory and inclusive approach. Therefore, during preparation of the technical/economic studies and the environmental and social impact assessments, the various stakeholders were consulted. These consultations were conducted with the support of local authorities in the project area in 2010 and in February 2019 respectively. Practical information and stakeholder involvement arrangements were made as follows: meetings with municipal authorities and technical services; public meetings and a survey of local populations. These public consultations served to: (i) inform stakeholders about the project, its impact in the project area and the proposed mitigation and enhancement measures for any negative impacts; and (ii) get stakeholders’ views, concerns and expectations of the project.
The main concerns of local communities are: fears about their children’s schooling following relocation of the communities living in the douars located on the dam site; questions and fears about losing their agricultural livelihoods, the only occupation they know; fear of drastic changes in women's lifestyles, although the latter will have more time and opportunity to educate their children; the problem of inaccessibility is crucial for unaffected communities, especially women, and there is need to find ways of maintaining their access with the advent of the project. These concerns were reflected in the social study conducted to propose appropriate solutions through social enhancement measures.
During preparation of the specific PATI-PAP, a comprehensive household survey will be conducted among affected persons, to better appreciate and give consideration to their situation, concerns and expectations when formulating the actions needed to improve their living conditions. In conjunction with the local authorities, the Water Department will also undertake a complementary process of consultation and public discussions with the leaders and communities in the communes affected by the project.
The stakeholder involvement plan that will be developed in parallel with the specific PATI-PAP will make it possible to define a sound communication plan among stakeholders and put in place a comprehensive complaint and dispute management mechanism that promotes amicable settlement.
Summaries of the project's ESIA/ESMP and PCATI-PAP will be posted on the Bank's intranet site 120 days prior to submission of the file to the Bank’s Board of Directors. The Water Department is required to disseminate the PCATI-PAP and PATI-PAP (when developed) to all stakeholders prior to implementation.
6. COMPLAINTS AND DISPUTES MECHANISM
The objective of the complaints and dispute-settlement mechanism is to ensure that the grievances of PAPs and/or local communities are appropriately addressed and managed. The project’s dispute management mechanism will observe the following principles: (i) explain from the onset, the purpose of the mechanism; (ii) assure individuals that no costs or fees will be associated with filing a grievance; (iii) ensure that the whole process (i.e. how a complaint is received and reviewed, how decisions are made and which appeal 5 options are available) is as transparent as possible, presented in written format, published and explained to the stakeholders concerned.
Several types of conflicts may arise during the resettlement process. Such conflicts generally concern: Errors in the identification of PAPs and valuation of assets; disagreements over plot boundaries, either between the affected person and the valuation board, or between two neighbours; conflict over ownership of a property (several people claiming ownership of the same property); disagreement over the valuation of a plot or other property; inheritance, divorce, and other family issues, resulting in disputes between heirs or members of the same family over ownership of a particular property; disagreement on resettlement measures; miscellaneous problems arising from project implementation; etc.
The flow chart below presents the mechanism:
Receipt of0 the complaint by the Water Department (Project area administrative unit, Central Directorate at Rabat, METLE Website, etc.)
Registration of complaint
Analysis of complaint
Field visit, inquiry into complaint’s
relevance
Proposal of solution by Water
Department
Water Department/ PAP PAP Agreement to Yes satisfied No implement the solution
Referral to the Local Complaints Management Committee
Review of complaint by Local Complaints Management Committee and proposal of the solution to the PAP
Agreement to implement the solution between the Water PAP Department and the PAP, co- Yes signed by the Local Complaints satisfied Management Committee
No
Referral to law court
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7. INTEGRATION WITH HOST COMMUNITIES
The resettlement of physically displaced persons on a host site is non-applicable as 97% of those concerned seem to prefer monetary compensation. The remaining 3% wish to move to town.
8. SOCIOECONOMIC STUDY ON PAPs
The study covers the 242 affected households identified at this stage, or about 930 PAPs. The population to be resettled – i.e., those who own dwellings within the future dam reservoir area – stands at around 380 persons.
According to the survey, 90% of household heads are married, 7% are widowed and 3% are single. The sizes of surveyed households vary from 1 to 13 persons per household, thus averaging 6 persons per household. It is noteworthy that 67% of households are composed of 6 persons and below, 27.5% of 7 to 10 persons and only 5.5% exceed 10 persons.
Regarding the employment status, farmers represent 54%, retirees and unemployed 22%, traders 11%, workers 7% and employees (Local Authorities, Imam and Muezzin) 6%.
The breakdown by age group indicates that those aged below 40 represent 11%, persons aged between 40 and 60 years represent 32%, while the majority group (57%) is aged above 60 years.
In terms of the educational level of the population, the study shows that 35% are illiterate, 21% have attended Koranic school and only 5% have attained a higher level. The number of school-going children in the douars concerned is 119 distributed among primary, middle and high schools.
In the study area, all women work at home. Women also engaged in agricultural and livestock activities accounted for 29% and women in the craft sector (Doum) represented 3%. At the household level, 100% of women confirm that decisions are made by male household heads. A woman can make decisions only if she is widowed, or living alone or with her children.
The principal income source of the households surveyed is agriculture and livestock. Farmers do represent 54% of the people affected, and the most widely cultivated crops are cereal crops (38%), cereals/legumes rotation (36%) and legumes (17%), and lastly vegetable farming products (9%). Arboriculture is another major source of income for affected households, particularly during the olive harvest season when farmers sell olives (up to MAD 5/kg) and olive oil (up to MAD 50/litre).
Traders (seven grocery stores, five douar cafés, a modern oil mill, and a traditional wheat mill) represent 11% of those affected. The most impacted major business is the modern oil mill whose annual income, according to the owner’s representative, is around MAD 3,000,000. The wheat mill can generate an annual income of around MAD 18,000 according to the owner. Income from a grocery store or a douar café ranges between MAD 20,000 and 100,000.
Daily paid workers (MAD 100/day seasonally) account for 7% of those affected. Such work is largely associated with agricultural and olive-growing activity.
The vulnerable people identified in the project area are:
• Women: They confirmed they had not really been informed about the project, are less involved in public affairs and have less access to financial resources than men. Female household heads are particularly vulnerable. During the surveys of affected people, 4 female household heads were identified: one in Lamghara Douar (Ain Maatouf commune) and 3 in Rouf Douar (Brarha);
• People with disabilities, the seriously ill or the elderly, particularly those living alone: The surveys identified two vulnerable people in Lamghara Douar (an elderly person and an
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Alzheimer's patient), a disabled and elderly person at Dhar Said Douar, eight elderly and vulnerable persons at Rouf Douar;
• To a lesser extent, illiterates could also be considered vulnerable because they would have difficulty accessing information and participation mechanisms. This category represents 35% of the surveyed population. However, this category could be properly informed by and learn from their close ones who take cognizance of the various documents and notices.
9. REGULATORY FRAMEWORK OF INVOLUNTARY RESETTLEMENT
9.1 Legal Framework of Land Expropriation and Acquisition in Morocco
9.1.1 Land Tenure in Morocco
Morocco’s land tenure framework is characterized by a multitude of systems, which can be classified into two categories:
- State property regime, representing 3% of the utilized agricultural area (UAA), and consisting of:
o the public property of the State and public authorities;
o the private property of the State and public authorities;
o the forest estate.
- Non-State property regimes consisting of:
o Habous land (1% of the UAA);
o community land (17% of the UAA);
o Guich land (3% of the UAA);
o land under private ownership (or Melk) representing 76% of the UAA and subdivided into Moulkia (untitled property whose ownership is evidenced by adulars or administrative documents) and titled property with a registration number in the records of the land registry.
9.1.2 Land Tenure in the Project Area
Melk (private) land tenure accounts for 99% of the future dam area. Only two plots have been identified as having a different land status: one Habous plot (approximately 1 ha) in Rouf Douar, Brarha local government area (LGA) and the other being community land (approximately 8 ha) in El Mghara Douar, Ain Mâatouf LGA.
9.1.3 Expropriation Procedure
The expropriation procedure for the present Sidi Abbou Dam Project is governed by Law No. 7-81 on expropriation for public purposes and temporary occupancy, promulgated by Dahir No. 1-81-254 of 6 May 1982, as amended and supplemented, as well as its implementing decree.
The expropriation procedure takes place in two phases: an administrative phase and a judicial phase. The first phase is devoted to the pre-expropriation administrative activity which must be strictly observed. The second stage is dominated by the intervention of the judicial authority, which empowers the expropriator to take possession of the expropriated land against payment of a provisional compensation fixed by the administration and also orders the transfer of ownership in fixing the compensation for expropriation. It is worth noting that the judicial phase must always be preceded by an attempt to reach an amicable agreement.
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The right to expropriate is vested in the State, local authorities, corporate bodies under public or private law and individuals to whom the public authority delegates its rights, for the purpose of undertaking works or operations declared to be in the public interest.
Administrative Phase of Expropriation
- Declaration of Public Utility
The administrative phase opens with the declaration of public utility (DPU) for the operation. The DPU is always made by decree published in the Official Gazette (OG), issued by the Head of Government on the proposal of the Minister concerned (in this case the Minister of Equipment, Transport, Logistics and Water Resources). Where the DPU deed designates expropriated plots, it has the same effect as a deed of transfer. For the current project and according to Water Department representatives, the DPU will be issued without designation of the properties to be expropriated since the land demarcation studies have not yet been finalized.
The DPU deed is published in newspapers and posted in the offices of the commune where the land to be expropriated is located.
For a period of two years following publication of the deed in the OG, no construction, planting or improvements may be carried out on any property located within the zone designated by the DPU deed, without the consent of the expropriator (METLE).
- Deed of Transfer
The deed of transfer designates the plots that will actually be expropriated. Preparation of this deed shall be precedent on the land surveys that the Water Department will conduct in the field (through a land survey firm) to determine the plots, their surface areas, the assets thereon, their owners and any title holders. All deeds of transfer must be preceded by a two-month investigation.
The investigation begins with the publication of the draft DPU in the OG and at least two national newspapers. This draft is given wide publicity by being deposited at the headquarters of the local government area where the property is located. Interested parties who get this information have a period of two months to submit their observations and also indicate all those to whom they might have granted rights to the property targeted by the project. Expiry of the deadline has exclusionary effects: third parties who fail to make themselves known ultimately lose their entitlement to any expropriation benefits.
- Evaluation of Compensation for Expropriation
Law No. 7-81 provides that the value of the losses and damage suffered shall be determined by an Administrative Valuation Commission (CAE). The CAE is chaired by a local administrative authority and includes the head of the landed property unit or his/her designated representative, the receiver of the registration or his/her designated representative and a representative of the expropriator as permanent members. The non-permanent members of this commission are the representative of the Ministry of Agriculture in the Province, the Inspector of Rural Taxes, the Inspector of Urban Planning or his representative and the Inspector of Urban Taxes or his representative. The valuation method is based on the value of assets and land at market prices as of the date of the DPU decision.
- Attempt to reach an Amicable Agreement
The administrative authority and the interested parties attempt to reach agreement on the amount of compensation to be paid for the expropriation by comparing their claims. The amicable agreement attempt is mandatory. If successful, it has the advantage of terminating the procedure thus making the judicial phase unnecessary. Additionally, an amicable agreement can be reached at any time in the course of the expropriation procedure.
- Appeal
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An appeal may be lodged against the expropriation decision on the grounds of abuse of authority, thus giving applicants the opportunity to challenge the public utility of the works, particularly when it becomes clear that: (1) the avowed claim of public interest is not the expropriator’s true motive; and (2) the factual circumstances of the planned operation are inconsistent with the public utility character declared by the expropriator. In actual fact, the effect of annulment of the public utility declaration is symbolic if a ruling on transfer of ownership has already been made.
However, disputes on the assessment and determination of compensation are widespread and the courts carry out re-evaluations, often with the assistance of experts.
Judicial Phase of Expropriation
If the amicable agreement attempt is unsuccessful, the judge’s intervention becomes mandatory, leading to the judicial phase. This phase comprises three elements, namely: taking possession, transfer of ownership and determination of the compensation.
- Taking Possession
Failure of the amicable agreement attempt does not put an end to the planned operation. The administration can always take possession of the property subject to the owner’s consent, the sole condition being payment of a provisional compensation. In theory, the administration could still take if the owner refuses; however, this possibility is generally not applied in Morocco currently, save in exceptional circumstances.
Taking possession without the owner's consent could pose a risk of violation of the AfDB’s OS 2 which requires that the PAP must accept to be resettled and that, prior to taking possession, compensation must be paid or a corresponding amount deposited into a special escrow account. Hence, it is important for the expropriator to undertake to not apply this clause and to always seek the owner’s consent before taking early possession because any complaint by the PAP concerned to BCRM could lead to suspension of the works and, ultimately, of the disbursements.
- Transfer of Ownership
This stage is of crucial importance in the expropriation process, which is why the legislator entrusts its guidance to the judge. However, the judge's role may actually be considered to be rather limited at this level, as he/she cannot refuse to transfer the ownership right unless a duly established flaw is detected. Judicial competence can be regarded as protecting private property only because it is incumbent upon the judge to set the compensation amount.
- Determination of the Compensation Amount
This is done through the ruling transferring ownership. It is of vital importance for two reasons: ultimately, the true guarantee of the right of ownership depends on the compensation amount. The judicial authority has been responsible for determining the compensation amount since 1914. However, its jurisdiction is far from absolute. Certain instruments lay down a number of rules which it must observe when making such a determination. The judge may be assisted in this task by experts. In practice, this is done whenever there is a difficulty in determining the amount. The opinion of the experts is extremely important, insofar as the court is inclined to follow it.
9.2 Regulatory Framework of the African Development Bank
Project implementation must meet the requirements of the Integrated Safeguards System (ISS) and in particular Operational Safeguard 2 (OS2) for involuntary resettlement - land acquisition, population displacement and compensation. It seeks to clarify all physical and economic displacement-related issues that are not specifically related to land acquisition. The specific objectives of OS2 are to: (i) avoid involuntary resettlement where feasible, or minimize resettlement impacts where involuntary resettlement is deemed unavoidable after all alternative project designs have been explored; (ii) ensure that displaced persons are meaningfully consulted and given opportunities to participate in the planning and implementation of resettlement programmes; (iii) ensure that displaced persons receive significant resettlement assistance under the project, so that their standards of living, income-earning capacity, 10 production levels and overall means of livelihood are improved beyond pre-project levels; (iv) provide explicit guidance to borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations to mitigate the negative impacts of displacement and resettlement, actively facilitate social development and establish a sustainable economy and society; and (v) guard against poorly prepared and implemented resettlement plans by setting up a mechanism for monitoring the performance of involuntary resettlement programmes in Bank operations and addressing problems as they arise.
Project implementation is also consistent with Operational Safeguard 5 (OS5) on labour conditions, health and safety.
The other relevant Bank policies and guidelines remain applicable once triggered under the ISS. These are mainly: (i) Bank’s Gender Policy (2001) - Bank Group’s Gender Strategy 2014-2018 (2014); (ii) Framework for Enhanced Engagement with Civil Society Organizations (2012); (iii) Policy on Disclosure and Access to Information (2012); (iv) Handbook on Stakeholder Consultation and Participation in AfDB Operations (2001); (v) Policy on Population and Strategies for Implementation (2002) and; (vi) Environmental and Social Assessment Procedures for Bank Operations (2015).
9.3 Comparison Between Moroccan Legislation and AfDB Policy
The main differences between Moroccan legislation on expropriation and land acquisition and the Bank’s OS2 may be summarized as follows: (i) Moroccan law does not provide for resettlement as provided for in the AfDB standards; (ii) Moroccan law provides only for compensation in cash whereas the AfDB guidelines give PAPs the possibility of choosing between different methods of compensation; (iii) Moroccan law does not explicitly provide for participatory planning as described in AfDB OS 2; (iv) Moroccan law provides for a piecemeal survey limited to the identification of persons and property affected. The AfDB also requires provision of the socio-economic characteristics of affected persons; (v) Moroccan law does not contain specific provisions for vulnerable affected persons whereas the AfDB does.
10. INSTITUTIONAL FRAMEWORK
Under the project, the institutions identified to manage land acquisition and the compensation of project- affected persons are listed below:
10.1 Competent Institutions
- Water Department - Ministry of Equipment, Transport, Logistics and Water Resources (METLE)
METLE is the expropriating entity under Law No. 7-81 on expropriation for public purposes and temporary occupancy. It will pilot the process of land expropriation and compensation of PAPs. It will stand guarantor for the proper implementation of this framework plan and its execution through the RAP.
- Ministry of the Interior
The Ministry of the Interior is involved in the expropriation process, the implementation of this framework plan and the future RAP through:
• Regional authorities in Maatouf Ain, Ain Mediouna, Beni and Frassen Brarha and their local authorities who ensure the organization and smooth conduct of the administrative inquiry by posting the deed of transfer in municipal offices.
• Local authorities: Caïdat (Chiefdom) of Ain Aicha (Taounate Province) and Caïdats of Beni Frassen and Brarha (Taza Province) which inform local communities and organize briefings, consultation and mediation with PAPs. The local authorities also chair the CAE (see below) and are involved in the signing of the land survey and compensation forms of PAPs. In addition, the local authorities issue an administrative certificate to holders of untitled private land.
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• Directorate for Rural Affairs (DAR) through which the Ministry of Interior exercises supervisory authority over community lands. It rules on conflicts within ethnic communities or between communities on matters pertaining to lists of rightful claimants, distribution of funds and disposal of community land. As a reminder, only one segment of community land, with an area of approximately 8 ha, is located in the project area.
- Administrative Evaluation Commission
The Administrative Evaluation Commission, responsible for determining the value of the property to be expropriated, is chaired by a local administrative authority which includes the head of the administrative unit or his designated representative, the receiver of the registration or his designated representative and a representative of the expropriator as permanent members. In rural areas, as in the case of this project, the representative of the Ministry of Agriculture within the Province and the Inspector of Rural Taxes are members of this Commission.
- Office of the High Commissioner for Water, Forestry and Desertification Control (HCEFLD)
The HCEFLD is responsible for management of the forest estate. The inalienable lands of this estate may undergo procedures for removal from the forest regime, when a public utility project is to be implemented or real property has to be reassigned during re-demarcation of the forest estate. Thus far, no forest estate has been identified in the project area or should be involved in the process unless the ongoing land surveys indicate otherwise.
- Ministry of Habous and Islamic Affairs
This Ministry intervenes in cases where Habous land or property belonging to Habous, notably places of worship, exist within the area to be expropriated. The Ministry also approves the deed of transfer since a Habous plot (about 1 ha) and a mosque have been identified in the project area. It should also intervene on issues related to the cemeteries of the area through the Higher Council of the Ulemas.
- Land Registry
The land registry records the draft deed of transfer in the case of registered land and dwellings and issues a certificate to that effect.
- Caisse de Dépôt de Gestion (CDG)
In the event of an appeal (where there is no amicable agreement between the expropriating party and the expropriated party), the expropriating party (METLE) deposits the compensation funds into the CDG for collection through a legal process. The expropriated party may, if he/she so desires, access the funds assigned to him/her initially, pending the judge's decision.
10.2 Institutional Capacity Analysis
All of the institutions listed above have the experience and capacity to implement a land acquisition and compensation plan for PAPs in accordance with national legislative and regulatory requirements. However, to ensure implementation according to the requirements of the current plan (AfDB requirements), the Water Department (METL), as the expropriating entity steering the implementation of this PATI-PAP, must be reinforced with external support.
11. PROGRESS OF THE LAND ACQUISITION AND PAPs COMPENSATION PROCESS
The land acquisition and PAPs compensation process will be conducted in accordance with Moroccan law and regulations, including Law No. 7-81 on Expropriation for Public Purposes and Temporary Occupancy and its implementing instruments. The Water Department is the expropriating authority.
According to the Land Acquisition and Compensation Service of the Water Department, the project has not yet been issued the DPU. The DPU, which is the first step in the process, would be initiated once the land survey reaches an advanced stage to prevent a lapse, given that the deed of transfer must be issued within 12 two years of publication of the DPU in the OG. The draft deed of transfer shall be drawn up on the basis of the land surveys. The surveys were started in early April 2019. According to officials of the Topography Service of the Water Department, the contract for the conduct of these surveys has been signed and is in the commitment process.
The worksites that will be temporarily occupied have not yet been defined. They will be defined, once the contracts have been awarded.
12. ELIGIBILITY
12.1 Eligibility Criteria
The AfDB considers that eligible persons are those who:
- have legal rights to the land, including customary and traditional rights;
- may not have legal rights to the land at the time of the census, but have recognized usufructuary rights or certain claims over such lands or assets;
- occupy the lands, despite having no legal right over them.
Moroccan law, for its part, recognizes that all rights holders are entitled to compensation, regardless of whether they are owners, tenants or occupiers of developed or undeveloped land, as well as usufructuaries and owners of trees or any other existing development on the land expropriated at the time of the public utility declaration. Where the owners do not have the requisite supporting documents (Moulkia or land title), or when the farmers operate without a contract or lease, the Local Authorities may issue an administrative certificate as a supporting document. In the absence of a moulkia, amicable land acquisitions cannot take place. For compensation of surface rights (structures, farms, etc.), the administrative certificate may be used as a supporting document. To this end, irrespective of the land tenure system of the expropriated land, the surface damage and attendant loss-of-income sources shall be recognized and the rightful claimants compensated. The statement of losses is drawn up in the presence of the rightful claimants, the local authority, and the representative of the expropriating authority. This is fully consistent with the provisions of AfDB OS2. The difference would be in the case of wage earners (or task workers) operating on the affected property, including the case of the modern mill that employs several people. Such persons, who are eligible under AfDB criteria but are expressly ineligible under Moroccan law, should be eligible under this project.
In general, any project-affected person deprived of property (infrastructure, crops, facilities), temporary or permanent economic activities, and/or land shall be eligible for compensation.
12.2 Eligibility Date
The eligibility deadline is the date of publication of the draft deed of transfer in the Official Gazette (OG) and newspapers. The draft deed of transfer is also posted at the municipalities concerned, accompanied by plot plans and a register of complaints. Interested parties may register their claims in accordance with Article 10 of Law No. 7-81 on expropriation for public purposes and temporary occupancy.
13. LOSS AND COMPENSATION
This chapter deals specifically with loss valuation and compensation for land, agricultural incomes, lost businesses and related incomes.
13.1 Loss Valuation
Valuation Methodology
Under Moroccan expropriation law, the CAE is the entity responsible for the valuation of assets and products. It sets values based on prevailing market prices. The existence of monetary transactions carried out locally facilitates the valuation efforts of the CAE. Under this project, valuation was based on our
13 consultations with PAPs, representatives of local authorities, representative of the Department of Agriculture and our field observations.
Value of Agricultural Land
The value of land is a function of several parameters, namely: soil type, usage, location, etc. However, the primary price determinant is whether it is irrigated land or bour (non-irrigated land). According to our consultations and observations, the price of bour farmland in the area is approximately MAD 100 000/ha while an irrigated plot may cost MAD 150 000/ha. These rates are thus applied in the current valuation.
The affected area is approximately 591 ha, including 229 ha of irrigated land and 362 ha of bour, representing a loss estimated at MAD 70.55 million.
Table: Valuation of Land Losses
Surface area Total loss Land type Loss per ha (MAD) (ha) (MAD million)
Bour 362 100,000 36.2
Irrigated 229 150,000 34.35
Total 70.55 Value of Farms
Surface damage and loss of income will be recognized and compensated, based on the current year's DPA scale. Olive trees are dominant in the study area farms; according to the representative of the Taounate DPA, the olive tree is compensated at MAD 1000/large tree, MAD 500/medium tree and MAD 300/ small tree.
We feel that the amounts in this estimate need to be re-evaluated given the yield of large trees, which averages 60 kg on irrigated land and 40 kg on bour land. Accordingly, at the rate of MAD 5/kg, a large olive tree generates on average MAD 300/year on irrigated and MAD 200/year on bour land. To compensate for loss of income from olive trees, we propose that compensation for a large olive tree should be up to MAD 1500. Olive farms start producing in the third year but reach their maximum yield only after 10 to 12 years. Meanwhile, we consider a unit price of MAD 450 for small olive trees and MAD 750 for average–size olive trees. According to our field observations, about 10% of olive trees are small, 10% are medium and 80% are large.
As concerns the other trees, given their wide variety, we propose an average price of MAD 1000/tree. On the basis of these assumptions, farm losses amount to approximately MAD 54 million.
Table: Valuation of Farm Losses
Number of Unit price Total loss Farm type plants (MAD) (MAD million) Large olive tree 28,500 1,500 42.75 Medium olive tree 3,500 750 3.63 Small olive tree 3,500 450 1.58 Other 7,000 1,000 7
Total 53.95
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Valuation of Crops
The table below presents an estimate of the crop acreage identified during the socio-economic surveys, the average yield in MAD/ha (based on the declarations of the concerned) and the total loss for these crops. The total crop loss is estimated at MAD 2 million.
Table: Valuation of Crop Losses
Surface area Average yield Total loss Crop (ha) (MAD/ha) (MAD million) Cereals 193 2,500 0.48
Leguminous plants 89 6,000 0.53
Vegetables + Fodder 47 5,000 0.24
Cereals / Leguminous plants rotation 182 4,000 0.73
Total 1.98
Valuation of Lost Businesses
Valuation of lost businesses is based on market prices, our field observations and consultation of the people concerned. The estimated total amount is approximately MAD 4.6 million as shown in the table below. The modern mill accounts for the bulk of this sum as it is a large oil mill that is well-equipped with several related facilities.
Table : Valuation of Business Losses
Unit price Total loss Businesses Number (MAD) (MAD million) Modern oil mills 1 3,000,000 3
Traditional oil mills 12 20,000 0.24
Grocery stores 7 100,000 0.7
Cafés 5 100,000 0.5
Traditional mill 1 150,000 0.15
Total 4.59
Valuation of Housing
The valuation of lost housing and appurtenances (barns, sheds, shops, storage, etc.), based on market prices, is presented in the table below and amounts to approximately MAD 30 million.
Table: Valuation of Lost Housing
Surface area Total loss Built Number Cost of m2 (MAD) (ha) (MAD million) Permanent housing 29 14,400 1,500 21.6
Adobe dwellings 37 16,300 500 8.15
Total 29.75
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Valuation of Individual Facilities
The individual facilities identified in the zone consist mainly of private wells and boreholes, most of which are equipped with motor pumps, and Saguia.
Table: Valuation of Lost Housing Appurtenances
Unit price Total loss Facilities Unit Quantity (MAD) (MAD million) Private wells U 42 6,000 0.25
Boreholes U 5 15,000 0.08
Saguia Km 6 500,000 3
Total 3.33
Valuation of Social Services
Project-induced losses in terms of social infrastructure are listed below. The losses are estimated at about MAD 47.17 million. The bulk of this amount concerns the rehabilitation of the provincial highway P 5409 that will be flooded. The alternatives considered as well as their financial estimates are appended to this report. The cost of the most advantageous alternative is MAD 36 million.
Table: Valuation of Lost Social Services
Loss Cost Social service Unit Number (MAD (MAD) Million) Primary school U 1 3,000,000 3
Teachers’ housing U 3 300,000 0.9 U Wells 1 6,000 0.06 Elevated water tank, U DWS system of Rouf douar equipment room and 1 550,000 0.55 fence ml HDPE DN 63 Pipes 1 500 120 0.18 U Simple stand-pipe 2 15,000 0.03 Mosque U 1 1,000,000 1
Cemetery U 3 500,000 1.5
Rehabilitation of the paved road including the bridge km 10 3,600,000 36 Lump Feeder roads 1 2,000,000 2 sum Power lines km 2 1,000,000 2
Total 47.17
13.2 Compensation Principles
As stated above, cash compensation is the option most preferred by the expropriating authority (METLE) and the PAPs. Only about 3% of people surveyed are willing to accept the replacement of their land. 16
However, and in order to comply with AfDB guidelines, the following principles must be observed:
- Offer rightful claimants the possibility of choosing from among several compensation methods;
- The cash compensation must include an allowance to compensate for loss of income associated with the period during which the seeds or plants are not productive or during which the shops are rebuilt;
- Cash compensation must also include resettlement assistance, notably the cost of moving and transferring activities;
- Other non-cash compensation methods include replacing land with other land or the development of community projects such as agricultural schemes, construction of wells, boreholes or irrigation systems, the development and structuring of stable income-generating activities, etc.
- For community land located in Ain Maatouf, emphasize the replacement of these lands by other lands. It is recommended that the DAR (Ministry of the Interior), which has supervisory authority over these lands seek to identify at least similar land. Negotiations shall be conducted with host and displaced communities. Negotiations will focus more on how to integrate new users than on the transfer rights from one group to another.
- For housing and individual facilities, cash compensation is the preferred option for both the expropriator and the PAPs. However, to comply with AfDB recommendations, relocation assistance (moving allowance) must be factored into the compensation amount.
- With regard to community facilities, the Water Department shall improve the existing conditions during reconstruction of such facilities. They must be constructed in coordination with the competent authorities. Selection of the facilities to be rebuild, as well as their components and location must be carried out with the communities concerned and be based on a needs assessment and a mapping of the coverage of the services concerned.
14. IDENTIFICATION OF POTENTIAL RESETTLEMENT SITES, SITE PREPARATION AND RESETTLEMENT
The resettlement of physically displaced persons on a specific host site is not a consideration since 97% of those concerned prefer monetary compensation. With regard to the remaining 3%, the Water Department shall make the necessary arrangements to identify sites and facilitate their decent resettlement.
15. SOCIAL INFRASTRUCTURE AND SERVICES
The project will affect the following social infrastructure and services: approximately 8.5 km of provincial paved roads; feeder roads; two public wells with their equipment used for irrigation; a DWSS (well + distribution tower); about 20 private wells; a bridge recently built over the Wadi Lben; about 2 km of MV and LV lines; (vi) social amenities: the Bni M'Hammed School; housing for teachers that includes three apartments; the recently built Rouf Mosque; 3 cemeteries in the douars of Ain Maatouf, Dhar Said and Rouf.
The Water Department shall ensure the replacement of these social infrastructure and services in close collaboration with the local authorities, the technical services responsible and users.
16. ENVIRONMENTAL PROTECTION
Implementation of the dam project will inevitably have a fairly significant impact on the environment. Hence, there is need to identify the potential environmental impacts and hazards, with a view to proposing mitigation, protection and/or enhancement measures for the target environmental components.
The ESIA and attendant ESMP identified the negative impacts requiring mitigation and environmental enhancement measures that must be implemented by both the project owner (the Water Department) and the 17
project contractor responsible for construction. An Environmental Surveillance and Monitoring Programme shall be implemented as required.
17. IMPLEMENTATION SCHEDULE
The estimated land acquisition and PAP compensation schedule by 2022 is presented in the table below. It will be constantly updated as and when necessary, particularly when developing the PATI-PAP.
Table: Estimated Land Acquisition and PAP Compensation Schedule
Year 2019 2020 2021 2022 Stage Quarter Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Preparation of parcel plans and inventories
Consultation and information of PAPs
Declaration of public utility of the project
Preparation and publication of the draft deed of transferability
Administrative investigation
Processing of registered claims and finalization of parcel land surveys
Preparation of the RAP
Implementation of the RAP
Preparation of the deed of transferability
Approval of the deed of transferability by the ministers concerned Publication of the deed of transferability in the communes concerned
Compensation of the rightful claimants
Displacement and relocation
Judicial phase NB: An urgent phase of the PATI concerning the settlement area and the access road to the work site can be executed within a shorter period to enable commencement of the project in 2020, provided that the summer of 2020, which is the dry season during which diversion of the wadi is feasible, is not missed.
18. COST AND BUDGET
The costs generated by the land acquisition process will be financed from the investment budget of the Water Department. The cost estimate at this stage is MAD 279.52 million and is presented in the table below:
Table: Cost Estimate of Land Acquisition Plan and PAP Compensation for a Dam of 198 Mm3
Cost Item (MAD Million)
Compensation for land 96.15
Compensation for farms 64.9
Compensation for crop loss 2.81
Compensation for business loss 4.59
Compensation for housing and appurtenances 34.25
Compensation for private and collective facilities 3.38
Compensation for loss of social facilities 47.17
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Land parcel surveys 0.4
Operating expenses 9.62
Court costs 0.3
Rightful claimant support costs 0.35
Development of the RAP 0.50
Social accompaniment 1.8
Contingencies (5%) 13.31
Total 279.52
19. MONITORING AND EVALUATION ARRANGEMENTS
19.1 Monitoring Component
Each component and sub-component of PATI-PAP implementation involving involuntary resettlement and/or expropriations/compensation will be monitored under the supervision of the Water Department with the support of technical assistance commissioned for this purpose. Such monitoring will comprise physical and financial monitoring of the implementation of various actions by making comparisons with the forecasts made during preparation of the land acquisition and compensation plans.
The monitoring will be reported periodically to the Water Department, the donor and the project stakeholders
19.2 Evaluation Component
Assessment of the direct outcomes and impact of resettlement against targets will be the responsibility of the Water Department, which will host, manage and operate a database of reported and consolidated data at the project level. With regard to resettlement, the indicators to be adopted under this project relate to its performance measured against the requirements of national regulations as well as the Bank’s policy, procedures and OS2 of its ISS. Indicators for the project objectives of combating poverty and improving the living conditions of beneficiaries and communities will also be adopted.
A midterm evaluation will be conducted to analyse and assess achievements pertaining to the overall and specific objectives of the resettlement plan and to adjust and refocus them based on performance and the shortcomings noted in all land acquisition, compensation and resettlement activities.
Upon completion of the land acquisition, compensation and resettlement activities, a completion report will be finalized to assess the physical, technical, institutional, regulatory and financial performance of the project. Furthermore, to carry out this task and in view of the PATI-PAP components and the complexity of their implementation, the current monitoring and evaluation system will need to be strengthened through computerization, consolidation with a list of indicators and an appropriate methodology for data collection, processing and use.
To optimize efficiency, there are plans to build the capacity of the Water Department through technical assistance recruited to that end and also for the production and implementation of the PATI-PAP
19.3 Monitoring and Evaluation Indicators
To assess resettlement performance, the following indicators are used:
§ Achievement indicators: they are set per resettlement action and reflect the following achievement measurement parameters:
- Number of households and persons affected by project activities; 19
- Number of households and persons physically displaced by project activities;
- Number of households compensated by the project;
- Number of households and persons resettled by the project;
- Total amount of compensation paid.
§ Impact indicators related to the specific objectives of resettlement actions:
- Implementation compliance with the objectives and methods specified in the resettlement policy framework;
- Implementation compliance with the national laws and regulations, as well as with Bank policy;
- Speediness of the compensation, displacement and resettlement process;
- Satisfaction of PAPs with respect to compensation and resettlement measures received for the losses suffered;
- Sustainability of economic and socio-economic rehabilitation;
- Compensation and support for vulnerable groups.
§ Impact indicators for the overall objectives of the programme: These are impact assessment indicators for the overall and sector objectives of the programme and whose assessment reflects the implementation results of several resettlement actions:
- Indicators of improved living conditions of the population in terms of income trends and access to basic socioeconomic services;
- Indicators of natural resources and environmental preservation after resettlement: development of the new sites in environmental terms.
- This list of performance indicators is presented for information only and is open- ended.
20. REFERENCES AND CONTACTS
20.1 References
The summary has been prepared on the basis of the following documents:
§ Actualisation de l’étude d’impact environnemental et social du barrage Sidi Abbou, May 2019
§ Plan Cadre d’Acquisition des terrains, May 2019
20.2 Contacts
For further information, contact:
§ Directorate for Planning and Water Research (DRPE) – Water Department (METLE) – Morocco
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