Feasibility Study in the Mombasa Gate Bridge Construction Project, Mombasa County
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Feasibility Study in the Mombasa Gate Bridge Construction Project, Mombasa County Resettlement Action Plan-RAP Final Report Revised March 2019 General Manager (Special Projects) Kenya National Highways Authority, P.O. Box 49712-00100, Repcon Associates, Japan International Nairobi. The Repcon Center, Cooperation Agency P.O. Box 79605-00200, Nairobi. 1 Kenya National Highway Authority- Resettlement Action Plan-RAP in the Mombasa Gate Bridge 2018 KeNHA Construction Project-Final Report EXECUTIVE SUMMARY Background The Government of the Republic of Kenya (GoK), through the Kenya National Highway Authority (KeNHA) and support of the Government of Japan through JICA, is developing the Mombasa Gate Bridge (MGB) Construction Project with the aim of providing a functional road connection between Mombasa Island and Mombasa Mainland South both separated by the Likoni Channel which is currently crossed through ferries operated by the Kenya Ferry Service (KFS). As part of ongoing Feasibility Study for the MGB and, in keeping with both Kenyan and international requirements for sustainable development, the MGB Project was subjected to Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations which picked displacement from property and livelihoods as a key possibility in the Project. Subsequently a Resettlement Action Plan (RAP) has been prepared to guide mitigation measure of displacement impacts. The Resettlement Action Plan is designed to meet objectives as follows;- i) To identify and assess potential environmental and social impacts of the proposed project. ii) To identify all potential significant adverse environmental and social impacts of the proposed project. iii) To identify and quantify different categories of Project Affected Persons (PAPs) who would require some form of assistance, compensation, rehabilitation or relocation. iv) To provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project including compensation and rehabilitation for affected people. v) To verify compliance with the environmental regulations and industry’s standards including the JICA’s Guidelines and World Bank’s Safeguard Policies. vi) To generate baseline data for monitoring and evaluation of how well the mitigation measures will be implemented during the project cycle This RAP has been prepared consistent with the applicable policy provisions of Kenyan Government and JICA’s Guidelines to minimize the land acquisition and displacement, livelihood and associated impacts. Basically, this RAP presents an inventory (register) of people likely to be affected by development of the target bridges, a register of the assets that are likely to be displaced by the project and the proposed compensation package. The RAP Team This RAP study was undertaken by a multidisciplinary team bringing together skills as follows:- Mr. Michael Wairagu-EIA Lead Expert Ms. Nancy Kanyi-Sociologist Prof. Njuguna -Land Economics/Valuer Edwin Owino –Statistician/ Field Team Leader Field inventory work was entrusted to six enumerators who were all university students APPROACH TO THE RAP STUDY Objectives in the RAP Study The Study TORs prescribed objectives as follows:- 2 Kenya National Highway Authority- Resettlement Action Plan-RAP in the Mombasa Gate Bridge 2018 KeNHA Construction Project-Final Report To confirm the required ROW and collect the baseline information on the project affected areas; To carry out the socio-economic surveys to assess the eligibility for and contents of the compensation under the Resettlement Action Plan (RAP); To conduct the replacement cost study to elaborate the just compensation in the RAP; To prepare the materials for the public consultation meetings and focus group discussion hosted by KeNHA, and attend the meetings to assist KeNHA and the Survey Team; and To prepare the RAP. Scope of the RAP Study General: The TORs required the Consultant to prepare the Resettlement Action Plan (RAP) in accordance with regulations and guidelines of Kenya and with the JICA Guidelines and World Bank Safeguard Policies as follows. The Land Act 2012; The Land Registration Act 2012; The Environment and Land Court Act 2011; JICA Guidelines for Environmental and Social Considerations 2010, and World Bank (WB) Safeguard Policies OP 4.12 Annex A Involuntary Resettlement Instruments: Collection and Review of Data and Information: The RAP Team was tasked to collect and review the existing data and documents related to land acquisition from various sources including reports of feasibility studies / pre-feasibility studies, information from governmental agencies, literature, universities, research institutions and other organizations concerned, etc. Particularly the Team was required to collect and review the reports or documents concerned land acquisition on the projects in Mombasa area. Surveys: The RAP Survey was to include but not limited to the following scope:- Confirmation of the right of way (ROW) and present land use: The Team was to confirm the selected route and required ROW of the Mombasa Gate Bridge Project. And investigate the present land use and land value issued by public agencies and potential project affected persons (PAPs), ad confirm any illegal land occupancy. Identify involuntary resettlement systems and organizational responsibilities in the Republic of Kenya: The Team was required to identify laws and regulations on land acquisition and involuntary resettlement in the Republic of Kenya (hereinafter referred to as “Kenya”) and assess the gaps with JICA guidelines and WB OP 4.12. Based on the findings, the Local Consultant shall propose a project policy to bridge the gaps. The Local Consultant shall also identify the agencies responsible for and related to implementing resettlement activities in Kenya. Implement Socio-Economic Surveys including Census Survey, Assets and Land Survey, and Livelihood and Living Survey: This was to include:- Census Survey conducted on PAPs on the project site to confirm the number of persons/families (including land owners, tenants, business owners, employees and illegal settlers) to be compensated and assisted for the restoration of livelihood. The Team shall enumerate the affected families based on the results of the census survey. 3 Kenya National Highway Authority- Resettlement Action Plan-RAP in the Mombasa Gate Bridge 2018 KeNHA Construction Project-Final Report Assets & Land Survey conducted on properties and interest held by all occupants on the project site which will be physically and economically affected by the project to itemize properties and their quantity. This survey shall be conducted along with the Census Survey. Livelihood and Living Survey shall be conducted on the minimum 20% of total occupants on the project site, and collect base data on the project affected households including their characteristics, livelihoods and living standard, as well as information on vulnerable groups or persons. In the case of resettlement sites are provided, PAPs perceptions toward the relocation/resettlement sites shall also be surveyed. Preparation of the RAP Report In line with requirements of the TORs, content of the RAP Report was aligned to OP 4.12 Annex A and the World Banks’s “Involuntary Resettlement Source Book Planning and Implementation in Development Projects.” A content for the RAP was stipulated as outlined in Box One below:- Box One: Contents of the RAP Report a. Necessity of the resettlement 1) Project outline, project site, and component(s) that require land acquisition. 2) Examined alternatives to avoid or minimize the land acquisition and resettlement shall be stated. Scoping of the Alternatives under the Environmental Impact Assessment will be provided for this purpose. b. Legislative framework for the Resettlement 1) The laws and regulations on the land acquisition and resettlement in the Kenya and the gaps between JICA Guidelines/WB OP 4.12. 2) The proposed project policy to bridge the gaps, especially on following items: eligibility for the compensation and restoration of livelihood assistance, estimation methods for the compensation, a payment period of the compensation, rehabilitation measures, and grievance redress mechanisms. c. Socio-economic Surveys and Replacement Cost Study 1) Census Survey Confirm the number of persons/families (including land owners, tenants, business owners, employees and informal settlers) to be compensated and assisted for the restoration of livelihood. The day to commence the survey shall be declared as the cut-off date. Any resident who encroaches on the project sites after the cut-off date shall not be entitled to the compensation nor any other form of resettlement assistance measures. All the Project Affected Persons(PAPs) should be surveyed regardless the extent of the effect. 2) Assets & Land Survey Properties owned by all occupants on the project sites to itemize properties and their quantity which will be physically and economically affected by the project. 3) Livelihood & Living Survey Base data of the project affected households including their characteristics, livelihoods and living standard, as well as information on vulnerable groups or persons. PAPs perceptions toward the relocation/resettlement sites shall be collected and analysed in the case of resettlement sites are provided. At least 20 % of the PAPs should be surveyed. 4) Replacement Cost Study (RCS) Base data to determine the compensation for affected land, structures, improvements 4 Kenya