AFRICAN DEVELOPMENT BANK GROUP

PROJECT PROJECT FOR ENHANCING THE INFRASTRUCTURE OF THE CASABLANCA - RAILWAY LINE, PHASE II

COUNTRY: KINGDOM OF MOROCCO

SUMMARY OF THE COMPENSATION AND RESETTLEMENT PLAN (CRP)

Team Members P.S. MORE NDONG, Principal Transport Engineer, OITC2/MAFO J.J NYIRUBUTAMA, Chief Transport Economist, OITC.2 J.P. KALALA, Chief Socio-economist, OITC1 M.L. KINANE, Principal Environment Specialist, ONEC.3

S. BAIOD, Environmental Specialist (Consultant), ONEC.3 Team

Members Sector Director: A. OUMAROU Regional Director: J. KOLSTER Resident Representative: Y. FALL Division Manager: A. BABALOLA

1 CRP Summary Double-tracking of the – Marrakesh railway line

Project Title : PROJECT FOR ENHANCING THE INFRASTRUCTURE OF THE CASABLANCA MARRAKESH RAILWAY LINE - PHASE II Country : KINGDOM OF MOROCCO Project Number : P-MA-DC0-005 Department : OITC Division: OITC.2

INTRODUCTION This project falls under the 2010-2015 performance contract signed between the National Railway Company (ONCF) and the Morocco central government. It complements the Project for Increasing Capacity on the Tangier-Marrakesh Railway Line, especially the upgrading component of the first phase of the project on the Casablanca-Marrakesh line, which links the country's economic megalopolis to its tourist capital. The second phase will complete the dual-tracking works on the Settat-Marrakesh line. The project will be implemented in the Settat-Marrakesh railway right-of-way over a total distance of 172 km. It requires the acquisition of close to 35.64 ha of land around the existing right-of-way. The main activities entail works on infrastructure, bridges, track superstructure and railway equipment (sub- stations and signalling). ONCF prepared the required expropriation file in view of operations to indemnify persons and compensate for properties affected by the project, bearing in mind that almost all the properties concerned are farmlands, with no residential or agricultural buildings. Implementation of the option to acquire the land needed for the complete dual-tracking of the Settat- Marrakesh line was made possible by the savings from the purchase of land previously required for the Rabat Town By-pass (70 km) under Phase I. Indeed, technical enhancements allowed the crossing of physical obstacles to the track tripling in the existing right-of-way under phase 1 of the project. This includes the partial dual-tracking of the Settat-Marrakesh line. This document presents the CRP summary concerning the complete dual-tracking of the Settat- Marrakesh line in Phase 2 of the project. It lays down the modalities and principles for indemnifying persons and compensating for properties affected by Phase 2 and defines the estimated budget for its operation. The CRP identified 84 landowners who will be affected by the project (out of a total of 384 for the entire dual-tracking). It indicates their socio-economic status, the value of farm assets affected, the compensation terms and institutional responsibilities, and provides an indicative implementation schedule. The objective is to: (i) compensate persons who own lands and structures and those engaged in farming activities in the railway right-of-way, for the lost income, at the full replacement cost; and (ii) encourage, by way of public consultations, their participation in the design and implementation of the plan.

1. DESCRIPTION OF THE PROJECT AND ITS IMPACT AREA 1.1. Project Description and Justification Phase 2 of the project is implemented in the railway right-of-way of the Settat-Marrakesh line. The main activities include infrastructure and engineering works over a distance of 42 km between Imfout and Skhours as well as works on tract superstructure and railway equipment (substations and signalling) over the entire distance between Settat and Marrakesh. The main activities include the widening of the platform, installation of the tract superstructure, the construction of 29 railway bridges and a road bridge, the extension and/or reconstruction of 378 hydraulic structures, railway equipment (substations) and signalling (BAL, ERTMS, PAI, centralized railway-stations control). There has been a high demand for this line because of the dynamism that characterises the socio- economic, cultural, and tourism sectors in the two large cities. Passenger traffic increased by 125% in the space of six years from 972,000 in 2002 to 2.17 million in 2008, corresponding to an average annual increase of 21.4%. In addition to supporting the national tourism and urban development strategy of the regions concerned, this project offers several benefits, key among which are: (i) improvement in the

2 CRP Summary Double-tracking of the Settat – Marrakesh railway line

fluidity of railway traffic between Casablanca and Marrakesh in response to increased user demand; (ii) reduction in the travel time between Casa Voyageurs and Marrakesh (247 km) from the current 3 hours 15 min (76 km/h on average) to 2 hours 30 min (110 km/h) – corresponding to a 45-min time gain, a situation that will render passenger and freight rail services more competitive; (iii) improvement in the punctuality of trains, which currently stands at 60%, corresponding to an average delay of 22 min. The capacity enhancement of the line will: (i) make it possible to set aside the time required to carry out maintenance works on railway equipment and facilities under optimum conditions; (ii) reduce maintenance costs; (iii) create direct jobs estimated at 1 million work days during the implementation phase and 50 permanent jobs during the operating phase. During project implementation, the railway stations between the cities of Settat and Marrakesh will serve as deposit areas, depending on the work planning and how close they are to the sections under construction. This project is in line with the social and economic development program of the Government of Morocco, especially its 2012-2016 Transport Sector Strategy, which sets as a priority the implementation of major development works. The project is also consistent with the Bank's document on its intervention strategy in Morocco, especially its second pillar on "support to the development of ‘green’ infrastructure". It is perfectly consonant with the Bank's new Long Term Strategy (LTS) which, it should be recalled, has two strategic objectives, namely: (i) inclusive growth; and (ii) green growth.

1.2. Main Characteristics of the Project Impact Area (PIA)

The PIA covers the regions of Chaouia-Ouardigha and Marrakesh-Tensift-Al Haouz, with an estimated population of 8.6 million inhabitants, corresponding to just over 28% of the national population. It includes the provinces (prefectures) of Settat, Kelaa des Seraghna and Marrakesh. The table below presents the areas and populations in the study area of the Settat-Marrakesh railway line. These populations, estimated at 1,286,000, represent 15% of the total population of the three regions that constitute the extended project impact area (8.6 millions):

Surface Population Population Municipality (MU), Rural Incl. Number of Area Size of Density Communities (RC), Districts (D) Foreigners Households Households rovince RGPH2014 (Ha) (inhabitants/ha)

P Settat (MU) 142 250 16 32 714 1 082 131.47 4.35 Ain Nzagh (RC) 17 456 1 3 541 17 206 1.01 4.93 (RC) 7 394 - 1 368 12 802 0.58 5.40 Oulad Aafif Bni Yagrine (RC) 6 985 - 1 324 20 876 0.33 5.28 Khemisset Chaouia (RC), 5 527 1 1 058 8 929 0.62 5.22 (RC) 11 976 - 1 925 14 912 0.80 6.22

Chaouia Ourdigha Chaouia Sidi Mohamed Ben Rahal (RC) 10 410 - 1 813 20 145 0.52 5.74 Machraa Ben Abbou 9 355 - 1 594 15 136 0.62 5.87 Sidi Abdellah (RC) 10 481 - 1 723 22 616 0.46 6.08 Skoura Lhadra (RC) 8 865 4 1 352 30 297 0.29 6.56 (RC) 15 479 4 2 976 29 874 0.52 5.20 Oulad Hassoune Hamri (RC) 7 662 68 1 206 33 236 0.23 6.35 (RC) 11 619 1 2 088 24 173 0.48 5.56 (MU) 88 626 65 18 752 1 258 70.45 4.73 (RC) 6 618 - 1 115 22 742 0.29 5.94

Kalaa of Seraghna Kalaa Nzlat Laadam (RC) 14 838 1 2 221 48 019 0.31 6.68 Oulad Imloul (RC) 9 614 - 1 712 32 266 0.30 5.62 (MU) 99 011 33 17 169 44 606 2.22 5.77 Harbil (RC) 51 881 32 11 737 29 978 1.73 4.42 Ouahat Sidi Brahim (RC) 25 320 88 5 425 7 153 3.54 4.67 Menara (D) 411 094 1 317 94 686 9 436 43.57 4.34

Haouz Gueliz (D) 192 774 3 608 49 314 9 436 20.43 3.91

Tensift el el Tensift Marrakesh Medina (D) 120 643 383 28 649 609 198.10 4.21 Total PIA 1 285 878 5 622 285 462 5.35 The socio-demographic characteristics of the PIA are presented in the table below:

3 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Socio-demographic Characteristics of the Project Impact Area Population Rural Communities (RC), Aged 10 Years and Distribution by Age Groups Above and Socio-professional Status (%) (%) According to

Level of Education Municipality (MU) (%)

District (D) - -

senior

worker worker

Activity rate (%) rate Activity

Illiteracy rate (%) rate Illiteracy

home

Independent

premises

school

and

ool

work work

sch

-

Provinces

Below 6 years 6 Below years 14 6 to From 59 years 15 to From above and 60 years Pre Junior secondary education Higher Employer Independent with Independent from working Itinerant worker Public sector earner wage Private sector earner wage aid Family Apprentice Settat MU 10.6 17.7 63.8 7.9 29.5 1.5 61 8.4 37.7 2.3 13.6 2 10.2 25.7 41.8 1.8 2.5 Ain Nzagh RC 13.5 20.3 57 9.2 60.4 0.9 39 1.1 42.7 0.3 31.3 1.4 3.8 4.2 27.2 29.8 1.9 Lahouaza RC 12.5 20 56.1 11.4 60.7 2.1 38 0.7 40.3 0.7 38.8 0.4 2.5 2.2 18.6 36.3 0.5

Khemisset Chaouia RC 11.5 19.1 57.6 11.8 51.9 3.3 44 1.1 36.2 1.4 37 0.7 2.2 2.6 18.6 36.9 0.7 Sidi Mohd Ben Rahal RC 13.2 20.9 56 9.9 63.3 2.5 34 0.8 36.7 2.2 28.6 0.9 3.7 2.8 19.6 41.4 0.9 Settat Machraa Ben Abbou RC 14.4 21.8 55.5 8.3 64.9 3.1 33 0.6 37.5 0.5 27.1 0.4 1.1 3 34.1 33.6 0.3 Touafet RC 12.8 21.7 55.4 10.1 66.6 5.3 28 0.5 40.2 1.1 33 0.4 6.3 0.9 12.8 44.9 0.6 Oulad Aafif RC 12 19 57.3 11.8 60.6 1.4 38 0.5 42.6 1.2 29.5 2.1 7.3 0.7 15.3 42.8 1.1 RC 14.5 23.1 54.6 7.7 72.6 3 25 0.3 35.7 0.4 31 0.3 5.7 1 14.7 46.5 0.4

Skoura Lhadra RC 13.6 24.2 54.2 8 76 2.5 22 0.5 36.5 0.2 29.9 0.7 4.3 0.8 19.7 44.1 0.3 Skhour Rhamna RC 12.5 21.1 57.5 8.9 59.3 1.5 37 2.8 33.1 0.3 36.2 0.7 8.4 8.1 18.8 27.1 0.5 OuladHassoune Hamri RC 13 22.2 57 7.8 59.3 2.5 37 0.8 36.4 0.8 20.4 5.2 9.8 1 27.5 34.6 0.7 Ben Guerir MU 12 21.2 61 5.8 35.3 2 58 5 32.3 1.7 16.6 2.7 15.4 24.3 34.8 2.4 2 Sidi Ali Labrahla RC 12.7 20.4 58.6 8.3 61.9 2 38 0.9 35.4 1 30.7 0.2 3.7 2.2 27.3 33.8 1 RC 14.5 23.4 55.6 6.5 51.6 2.9 44 2.1 29.2 0.3 31.3 0.4 0.5 21 15.3 31.1 0.2 Sidi Bou Othmane RC 13.3 20.7 57.9 8.1 55.2 2.6 41 1.6 32.4 0.7 30.6 1.4 3.6 5.5 39.7 17.2 1.4 Oulad Imloul RC 13.9 21.8 55.5 8.8 66.4 2.8 34 0.4 31.2 0.8 27 0.3 2 1 39.9 28.5 0.6 El Kalaa of Seraghna El Kalaa Ouahat Sidi Brahim RC 14.4 21.2 59.2 5.3 46.3 1.4 51 1.7 32.1 1 14.3 3.3 6.9 3.4 65.9 4.1 1 Harbil RC 14.8 21.4 57 6.9 61.6 3 36 0.5 34.9 0.6 27.2 1.9 5.7 1.3 42.5 19.6 1.2 Menara D 11.8 18.1 63.8 6.3 26 2.2 63 8.9 36.5 2.6 12.8 2.3 7.7 19.3 51.7 1.8 1.7 Gueliz D 9.8 16.4 65.5 8.4 22.5 1.8 60 16 39.3 4.2 10.7 2 6.9 24.9 48.2 2 1.1 Marrakesh Medina D 9 14.9 65.2 10.9 34.7 2.4 58 5.9 41 1.9 13.1 4.2 13.5 10.2 53.1 1.8 2.3

Marrakesh

The economy is dominated by industry (3,500 businesses, representing more than 40% of the country's industrial units) and the tertiary sector. Tourism has also progressed significantly in Casablanca and Marrakesh with 1,400,000 and 6,200,000 overnight hotel stays, respectively. It is also worthy of note that the regions of Chaouia-Ouardigha, Marrakesh-Tensift-Al Haouz are endowed with substantial resources: 20% of the national livestock population, 5% of overall national forest cover and 2/5 of national phosphate stocks.

1.3 Project Alternatives The "without project" situation will mean leaving the railway line in its current single-track state, with the following consequences: (i) line saturation at 28 trains/day; (ii) travel delays and accumulated delays; (iii) difficulties to find time slots to allocate to maintenance; (iv) precarious security and a constraining railway line. Such a situation would neither be in keeping with the social and economic development policy of the Kingdom of Morocco nor with the Bank's country strategy document.

Technical and economic feasibility studies and the preliminary design of adopted scenario C were scrutinised to ascertain that the project is viable. The option selected for the period leading to the year 2020 is the complete dual-tracking on the railway right-of-way with a speed increase which involves the realignment of curves and raising the track borders. The project design is consistent with the state-of- the-art engineering practices and with the rules laid down by the International Union of Railways (UIC) regarding railway works and facilities.

4 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Thus, after on-site checking and refining on the track resurfacing, it was realized that the raising of track borders alone would be enough to increase the speed and reach its required reference level. This helps minimise land acquisition needs by eliminating the areas that were initially set aside for the realignment of curves with a view to increasing the speed.

2. POTENTIAL IMPACTS AND ASSOCIATED MEASURES

Environmental impacts are presented in the ESIA report. The CRP presents only the impacts relating to damages to areas used for socio economic activities.

The affected lands are stretches of non-irrigated farmlands used for growing wheat and barley. They are adjacent to the railway line. The surface areas concerned are very limited and are made up of pieces of land bordering the railway line. The total land area for expropriation and compensation is 35.64 ha. It covers the lateral extension of the railway line. This is in addition to 4.68 ha of extensions of the road right-of-way needed for overpasses (to replace railway crossing) and which are part of the unallocated State lands. No building or economic structure will be affected.

Land expropriations will give rise to compensations. Special attention will be paid to vulnerable persons to ensure that they do not end up in a more precarious situation. The potential impacts of the project on the human and natural environment are presented in detail in the Environmental and Social Impact Assessment (ESIA). This document presents only the human-environmental impacts the expropriation needed for freeing up the railway right of way.

An identification and plot-by-plot study were conducted with respect to the list of Project-affected Persons in the different rural communities, municipalities and districts. They may be consulted at ONCF, the Delegated Project owner at the Ministry of Infrastructure, Transport and Logistics (METL).

2.1 Construction Phase

During site preparation, installation of bases and deployment of civil engineering equipment, the following will take place:

i) Activities in the immediate vicinity of certain roads or feeder roads (level crossings) as well as pedestrian walkways will be disrupted. Road deviations will be necessary. A temporary fence will be erected and unguarded level crossings will be equipped with guarded automatic barriers;

ii) Small-scale land clearing and deforestation will be needed; and

iii) The works will necessitate the displacement of some networks, such as the electricity network, telephone lines and water pipes as well as some fences. This preparation is paramount in order to avoid disruption of railway traffic;

The construction phase will result in:

iv) disruptions to railway traffic (stops along the way, delays, crossings and overruns etc.) will be caused by works on the tracks;

v) Disruptions due to deposit of waste on the track (catenary carrier, sleepers, rails...); to address this issue, provision will be made for deposit sites in the stations;

vi) Difficulty of access, with risks of accidents due to movements of civil engineering equipment on the deviation track, deviations separated from the work sites by a wire fence to avoid livestock straying therein and to avoid accidents;

5 CRP Summary Double-tracking of the Settat – Marrakesh railway line

vii) Gas and dust emissions resulting from the movement of heavy vehicles and machines on the roads under construction and on deviations also create environmental impacts, especially impact on the urban environment. The track will be watered prior to the movement of heavy vehicles; and

viii) The risk of accidental spills of hazardous products, leakage of hydrocarbons, oil and lubricants from heavy vehicles are possible sources of pollution for the soil, water resources and the wadis. A site protection plan is in place.

2.2 Gender Impact

The promotion of gender equality and equity is a priority of the Government of Morocco. This is illustrated by the adoption and entry into force in February 2004 of the new "Family Code" which consolidates equality between men and women in all areas, and strengthens the rights of women as an essential component of the Moroccan society. In this regard, the Government intends to widen the access of disadvantaged populations to basic social services and infrastructure in the education and health sectors. However and notwithstanding the progress accomplished in Morocco on the elimination of all forms of discrimination against women, gender-based inequality still exists in the country. In the immediate project impact area, women represent 51.1% of the overall population estimated at 1,286,000 inhabitants. The illiteracy rate stands at 42.5% on average in the regions of Chaouia Ouardigha, 45% in Kalaa Esseraghna and 38.5% in Tensift El Haouz, with close to 60% on average in the case of women.

As is the case across the country, rural women of the project area still represent a more vulnerable population segment due to their limited access to factors of production (lands, markets). They are found in various agricultural sectors where they provide varied and significant inputs. Enhancing their performances can ensure development of the agriculture sector.

It should however be noted that the Government of Morocco has implemented several pro-poor projects in the PIA, with women being the main beneficiaries. An example of such projects is the project implemented within the framework of the National Initiative for Human Development (NIHD), the second phase of which covers the 2011-2015 period. From 2005 to 2010, 17 projects were implemented in the province of Marrakesh Tensift el Haouz and 8 in the province of Chaouia Ouardigha. They were approved for 2011. These are projects implemented within the framework of the global effort to fight poverty, exclusion and precariousness. In these provinces, projects implemented by NIHD have impacted various development sectors in rural communities: improved access to basic services; promotion of socio cultural and sports activities; promotion of income- generating and job-creation activities; local capacity building; good governance; construction, equipping and upgrading of reception centres.

The accompanying and support social measures in favour of women, provided for under this project, will therefore be implemented in synergy with other actions envisaged by NIHD. These are measures aimed at mitigating the project's adverse effects on women's living conditions as well as the improvement of their socio-economic empowerment.

2.3 Operations Phase:

i) The capacity and speed increase will result in higher frequency of passenger and freight trains. This may constitute potential accident and risk factors to the neighbouring populations and road users, especially at level crossings (whether guarded or not) which do not have overpass facilities. A significant security upgrade is therefore provided accordingly (see ESIA summary);

6 CRP Summary Double-tracking of the Settat – Marrakesh railway line

ii) Noise pollution will be exacerbated in the urban settlements that are close to the line; and

iii) The project will not affect natural habitats, the fauna and the flora and no further deterioration of the quality of the abiotic environment is expected during the exploitation of renovated lines.

2.4 Social Impact

The PIA is characterized by a poverty rate which is consistent with the 8.8% national average. Likewise, poverty rates in the PIA are almost twice higher in rural areas compared to urban areas. Investment actions envisaged in the region take this reality into account. The dual-tracking of the railway line is consonant with the public investment policy. The project aims at increasing the transport infrastructure capacity and, consequently, facilitating the movement of persons at reduced cost, planning and developing urban centres, developing tourist areas (Marrakesh) as well as developing industrial and university centres in Settat and Ben Guerrir, respectively. The increased and safe rail traffic will bolster the NIHD initiatives, especially the programme for fighting poverty in rural areas, which concerns 403 municipalities, in 53 provinces and prefectures of the Kingdom, with poverty rates close to or exceeding 30%. Overall, 1.6 million people benefitted from 6,756 projects requiring a total investment of MAD 2,715’929,169. The breakdown is as follows:

Promotion of income-generating activities (IGAs) 1,006

Supporting access to basic facilities and services 5,230

Supporting social, cultural and sports activities 289

Strengthening governance and local capacity building 231

These ratios indicate that:

- Projects that support access to basic social services and facilities are an important focus area in which 5,230 projects and actions have been programmed. This reflects the large gap identified by the populations, through NIHD, with respect to basic facilities in rural areas; and

- IGAs are second with a total of 1,006 projects, indicating the pertinence of proposals made by rural communities. IGAs concern mainly stockbreeding, bee-keeping, agriculture, cottage industry and rural tourism.

3. ORGANISATIONAL RESPONSIBILITY

3.2. Organization and Implementation of the CRP

The Directorate for development of ONCF Property (DP-ONCF), attached to the ONCF development pole, will be in charge of CRP implementation.

DP-ONCF is in charge of CRP implementation and shall: i) carry out plot investigations and prepare the Compensation and Resettlement Plan; ii) submit the Plan to the land conservation and tenure office; iii) proceed with the entry and registration of expropriated lands in the land survey records (or in a special public register, if they are not registered lands); iv) issue and follow-up the full publication of Eminent Domain Orders in the Official Gazette and in the press (at least two daily newspapers); v) valuation of lands to be acquired, in the presence of affected persons and local authorities; vi) compensate affected persons; vii) monitor the final land acquisition procedure and registration in the name of ONCF.

7 CRP Summary Double-tracking of the Settat – Marrakesh railway line

The Prefectural Property Valuation Commissions shall perform the duties assigned to them by the regulations, namely defining compensations costs. Compensations costs shall be determined on the basis of the going rates on the regional landed-property market.

Prefectural (or provincial) commissions shall be composed, inter alia, of the following permanent members:

- The representative of the local administrative authority who shall serve as Chairperson;

- The chairpersons of rural municipalities and urban districts;

- The Head of the State Lands concerned or the representative of the Regional Directorate of State Lands, or his/her delegate;

- The receiver of registration and stamp duties, the Regional Directorate of Taxes, or his/her delegate;

- Representatives of decentralised State services (Ministry of the Interior; Ministry of Infrastructure, Transport and Logistics; Ministry of Agriculture and Maritime Fisheries; Directorate of Urban Planning etc...); and

- The representative of the expropriating authority or of the administrative service to the benefit of which the expropriation is conducted, in this case, the ONCF Property Department (DP).

The following non-permanent members could sit depending on the nature of property, under review:

- Developed or undeveloped lands in rural areas: urban tax inspector or his/her delegate; urban planning inspector or his/her delegate; and

- In the case of rural lands, the provincial representative of the Ministry of Agriculture and Land Reform or his/her delegate; the rural tax inspector or his/her delegate. ONCF shall apply the cost levels adopted in this CRP.

Neighbouring Populations: They will be called upon to assist other actors, in particular by: i) relaying public information; ii) negotiating land acquisitions; iii) monitoring implementation of the support measures.

The Conciliation Body: The organ for intermediation and specific recourse shall be composed of traditional authorities and dignitaries. In Morocco, they are referred to as Diwane el Madhalime.

3.4. Institutional Responsibilities

The tasks listed above could change depending on ONCF’s commitments vis-à-vis the Project-Affected Persons. The timing and the performance of the above tasks shall take into account the CRP implementation schedule. ONCF shall be fully in charge of this aspect. The funds required to defray expenditure under the Plan shall be borne by the project budget (ONCF).

An external evaluation of the Plan will be conducted at the end of the project to ensure that nobody loses his/her livelihood as a result of the project. Monitoring reports will ascertain that compensations were adequately paid.

8 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Table 1 Institutional Responsibilities and Schedule no. Tasks Responsibility Implementation Dissemination of the Declaration of Public Interest 1 DP-ONCF DP-ONCF (DPI) file 2 Approval of DPI file DP-ONCF MELT/ONCF Prefectural Valuation 3 Approval of the Draft DPI DP-ONCF Commission (PAC) 4 Establishment of the Prefectural Commission Prefect/Investigating Commissioner PAC/DP-ONCF Investigating Commissioner/DP- 5 Public Administrative Enquiry Investigating Commissioner/DP-ONCF ONCF Assessment of Compensations/Works of the Investigating Commissioner/DP- 6 PAC Commission ONCF Investigating Commissioner/DP- Investigating Commissioner 7 End of Public Administrative Enquiry ONCF/PAC Finalisation and Dissemination of Final DPI: DP/ONCF/PAC/Reg. Del. of 8 Publication in the Official Gazette and 2 daily MELT/Government Lands/MELT newspapers 9 Establishment of the CRP Committee DP-ONCF DP-ONCF Negotiation, Signing of Memoranda of 10 Understanding and Payment of Compensation to DP-ONCF DP-ONCF the PAP DP-ONCF/Conciliation Commission 11 Conciliation in Event of Disagreement CC/DP-ONCF (CC) 12 Mobilisation of Adequate Funds for Compensation DP-ONCF DP-ONCF Compensation Deposit for Cases before to the 13 Litigation Service of ONCF Min. of Justice Court. Monitoring the Freeing up of Lands Earmarked for 14 the Railway Right-of-way and Assessment of the DP/ONCF/Land Conservation DP-ONCF State of the Freed-up Sites. 15 Evaluation of CRP Implementation DP-ONCF ONCF/DRIC-South 16 Closing Report DP-ONCF Audit Office/ONCF

4. COMMUNITY PARTICIPATION

Following the adoption of its 2010-2015 performance contract, ONCF organised information and awareness seminars on its investment program. These seminars were attended by the civilian population, elected local officials, administration officials, the General Confederation of Moroccan Companies (“Confédération générale des entreprises du Maroc - CGEM), NGOs and other associations. At the end of consultations, the civilian population and elected local officials expressed support for the implementation of this project and pledged their total availability to work together with those concerned so as to facilitate the said implementation. In addition, they requested the full dual-tracking of the Settat-Marrakesh link, which is part of the Casablanca-Marrakesh line, in order to facilitate urban-train traffic (TNR) between Benguerir and Sidi Ghanem.

Decree No. 2-04-564 of 4 November 2008, which sets out the modalities for organising and conducting public enquiries for projects requiring EIA, associates the communities concerned in the evaluation of the said environmental impact of the projects and enables them to table their observations and proposals.

Thus, Act No. 7-81 of Morocco, on eminent domain expropriation provides for: (i) public information of the parties concerned; (ii) full publication of the Eminent Domain Orders (EDO) in the Official Gazette and in the press; followed by (iii) an administrative enquiry which shall last up to two months with effect from the date of publication of the said Eminent Domain Orders. During this period, the public may submit its observations, questions or objections to the plan presented in the public records. Once the list of Project-affected Persons is validated by the commission, an information meeting shall be convened at the headquarters of the municipalities association (Caïdats). All identified persons shall be invited to the meeting, the purpose of which will be to present: (1) the project and its relevance; (2) the positive and negative impacts, including the possible acquisition of lands; and (3) the existing compensation procedures.

9 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Local authorities will relay the information to the population. Furthermore, when the commission of experts travels to the sites to assess the amount of compensations, Project-Affected Persons should be afforded the opportunity to comment.

5. INTEGRATION INTO HOST COMMUNITIES

The project does not entail any displacement or relocation. The 384 landowners affected by the project will not lose their dwellings as a result of land acquisitions. They will remain in their current areas of residence and will keep the same lifestyles as well as their economic and social activities. Consequently, the issue of integration into the host community will not arise, given that the persons affected will remain in the same area and will be their own hosts.

6. SOCIO-ECONOMIC STUDIES

ONCF, through ONCF’s Property Directorate, and in collaboration with “Pole Etudes” (Studies Centres) and the “Direction régionale des Infrastructures et de la Circulation Sud” (DRIC Sud - South Region Directorate of Infrastructure and Traffic) conducted a survey and a plot study to determine the persons who are likely to be affected by the project. It also laid down the eligibility criteria for compensation in compliance with the laws and practice in force in the Kingdom of Morocco.

The survey, conducted on a 25m-wide strip, as indicated in the plot lists and plans, essentially took stock of the nature and status of the lands as well as the adjacent structures (fences, developed areas, wells on the plots etc.). Project-Affected Persons (PAPs) are normally categorised according to their occupancy title deed and the nature of the expropriation municipality or local community.

The works of ONCF-DP and provincial commissions on property assessments have been completed for the following sections:

 Settat –Khemisset (PK72 to PK94), 22 km long;

 Khemisset – Imfout (PK 94 to PK104 ) 10 km long

 Skhour - Ben Guerrir (PK146 to PK172), 26 km long;

 Ben Guerrir - M’zalet ( PK172 to PK190), 18 km long;

 From PK237 at Sidi Ghanem to PK246, 9 km long; and

 Works to connect the station areas, 20 km.

The demarcation and delimitation of lands to be expropriated should help avoid disputes in the future. Assessments in respect of a 42km section to be financed by the Bank have been conducted and are being finalised. They concern the following sub-sections: i) Imfout - Mechraaa Ben Abou, ii) Mechraaa Ben Abou - Sidi Abdallah, iii) Sidi Abdallah - Skhour.

The operation on the rest of the line has been completed ahead of time and no risks have thus far been identified, as access routes have remained unchanged. The list and plans of the plots earmarked for expropriation are available for consultation by the general public in the municipalities concerned and at ONCF.

The survey conducted by DP-ONCF reported no resettlement or relocation of populations and no homes will be affected. The operation is exclusively limited to the expropriations of strips of land adjacent to the existing railway right-of-way. The 384 plots identified are indexed to their owners. According to the household distribution by municipality, 2,322 people are dependent on the said owners.

10 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Table 1 below presents the aggregated results of the PAPs survey. Prefecture Number of Affected Useful Area Municipality Nature/Status (Province) Plots People (ha)

Settat 7 34 1,3192 private farmlands, (melk) Ain Nzagh 31 246 4,6676 private farmlands, (melk) Lahouaza 50 305 3,4098 private farmlands, (melk) Oulad Aarif Bni Yagrine 25 148 0,6358 private farmlands, (melk) Khemisset Chaouia 3 16 0,2354 private farmlands, (melk)

Taoulet 2 3 0,1055 private farmlands, (melk) Sidi Mohed Ben Rahal 97 620 4 9031 private farmlands, (melk)

Settat Chaouia Ourdigha 6 8 0,365 private farmlands, (melk) Machraa Ben Abbou 3 5 0,103 private farmlands, (melk) Sidi Abdallah 7 42 0,458 private farmlands, (melk) 60 360 private farmlands, (melk) Skoura Lhadra 3 20 3,639 private farmlands, (melk) Skhour Rhamna 5 28 0,256 private lands (melk)

Existing Dual Track Ben Guerir 9 47 0,8115 private lands (melk) Sidi Ali Labrahla 15 94 2,0839 private lands (melk) Nzlat Laadam 3 1,3688 Collective lands + 5 paths

2 0,1623 Collective lands + 5 paths

a of Seraghna) ofa Oulad Imloul 12 79 0.9854 private lands (melk) Sidi Bou Othmane 2 12 0,0465 private lands (melk)

El Kalâa (Kala Harbil 5 29 0,6248 private lands (melk) 2 12 0,0716 private lands (melk)

2 12 0,0161 private lands (melk) 9 48 0,2178 private lands (melk) 2 11 0,1207 private lands (melk) Ouahat Sidi Brahim 15 79 0,5284 private lands (melk) Marrakesh Medina Existing Dual Track

Marrakesh (Tensift el Haouz) Number and Total of the Areas 384 2322 27,0391

7. LEGAL FRAMEWORK AND DISPUTE RESOLUTION

7.1. The Moroccan Land Expropriation Legislation and Regulations.

Land acquisitions and compensations to make up for crop losses will be conducted amicably, failing which, they will be done in accordance with the expropriation and compensation procedures laid down by Act No.7-81 on Eminent Domain and Temporary Land Occupation, as promulgated by Dahir No.1- 81-254 of 6 May 1982.

The Act comprises four parts: the first is on eminent domain; the second deals with temporary land occupation; the third part focuses on compensation at the full replacement cost and; the fourth contains transitional provisions and implementation modalities.

The Expropriation Act concerns the State and decentralised public entities as well as private and public bodies corporate or persons to whom the State has delegated the powers to initiate public-interest works or operations. The public-use objective of an expropriation is established by an administrative act indicating the specific area likely to be expropriated (Article 6).

The law makes provision for public information targeting the affected parties, the full publication of the public-interest administrative act in the Official Gazette and in at least two national daily newspapers, as well as the submission of the expropriation plan at the land conservation office for the latter to enter the expropriated land into the land register. Where the expropriated lands are not registered lands, the information shall be recorded in a special public register.

11 CRP Summary Double-tracking of the Settat – Marrakesh railway line

The Moroccan land tenure system is characterised by a wide range of legal regimes that have evolved throughout the country's history.

(i) The Melk is the largely dominant modern private-property-ownership regime. Melk lands belong to one or several persons with full ownership rights;

(ii) Community lands were once known as tribal lands and their status was modified by the legislator (Dahir of 27 April 1919) into "imprescriptible, inalienable and exempt from attachment" lands belonging to ethnic groups and placed under the supervisory authority of the Ministry of the Interior. These lands are shared among the heirs who enjoy thereon usufruct rights only and which cannot be sold. Communities with a legal personality are joint owners of their land, which may be registered and demarcated;

(iii) The Guich are private State lands granted to tribes for use in consideration of military services rendered. They are often located around imperial cities;

(iv) The Habous are lands donated by a person to a religious foundation. They represent only about 1% of the country's arable lands.

Land acquisition methods vary depending on the land tenure system.

- Concerning private lands (Melk), the acquisition is amicable in keeping with the following procedures: the prefectural experts’ committee sets the price of the plot to be acquired. If the owner accepts the price, a sale document is signed with the purchasing body. If it does not accept, the expropriation procedure is set in motion. The Expropriation Act provides that the value of the loss and damages shall be determined by the Compensation Assessment Commission by virtue of Article 42.

Compensations shall not take into account subsequent changes in property value as a result of the Declaration of Public Interest (land speculation).

- Regarding community lands and Guich: the Ministry of Interior which is the supervisory authority of community lands has to pay a compensation to farmers for loss of production means;

- Public State land: the plot is allocated free of charge;

- Private State land: the plot is allocated free of charge;

- Forest land: a procedure for declassifying the land is initiated jointly with HCEF and the land then becomes public State land. Once this is done, the acquisition procedure is similar to the one explained above.

Within the framework of this dual-tracking project, the envisaged works will be carried out exclusively on the railway right-of-way as well as at crossings on the road right-of-way and will not have a significant impact on private lands.

7.3. Judicial Mechanisms under Act No.07-81.

Act No.07-81 deals with the following issues: (a) Declaration of Public Interest and Possibility of Property Transfer; (b) Effects of the Declaration of Public Interest and the Possibility of Property Transfer; (c) pronouncement of expropriation, transfer of ownership and definition of compensation cost; (d) payment or deposit of compensation costs; (e) remedies; (f) effects of the expropriation; (g) miscellaneous provisions, (h) temporary occupancy; (i) compensation at the full replacement cost; and (j) transitional and implementation provisions.

12 CRP Summary Double-tracking of the Settat – Marrakesh railway line

The expropriation procedure includes an enquiry that serves as a basis for issuing a Declaration of Public Interest (DPI) and as grounds for a public administrative enquiry. i) Enquiry into a Plot

To obtain a DPI, the expropriating authority prepares a file on the plot. The file is submitted to the Prefect who issues an Order setting the opening date of the enquiry and its duration. The DP-ONCF, with the assistance of specialists, prepares a list, demarcates the properties and makes the first estimate of the cost of the properties to be acquired. ii) Declaration of Public Interest (DPI)

The DPI file shall comprise: (i) information on the operation; (ii) demarcation of the area earmarked for expropriation; and (iii) estimates of property costs. The file is submitted to the Prefect who issues an Order to open a public enquiry, determine its duration and appoint an investigating commissioner. The Order is published at least 8 days before the start of the enquiry and remains posted throughout this period at the town hall concerned. The enquiry file is consulted by the inhabitants of the municipality who may submit their comments to the investigating commissioner. The public may submit its remarks, questions or objections with respect to the plan presented in the public records. At the end of the enquiry, the investigating commissioner submits a copy of his enquiry report to the prefect, another copy to any requesting party and to the municipality. The Declaration of Public Interest is then issued. iii) Expropriation Procedure: Compensation

Persons affected by expropriation are notified about the State's intention to expropriate. The compensation amount is set by the prefectural commission after an amicable agreement between the expropriating authority and the affected persons. The expropriating authority sends a compensation proposal to the affected person by registered letter with acknowledgement of receipt. The project- affected person has 15 days to accept the proposal or to submit counter claims.

If the two parties do not reach an amicable agreement within one month, a judicial procedure is set in motion. iv) Compensation Amount

The administrative procedure for evaluating the compensation amount is laid down by Article 42 of Act No.7-81 and Article 7 of its implementation decree No.2-82-382. The compensation amount, which is determined on the basis of current prices in the real estate market of the region, should cover all losses and damages and should be paid within 3 months, failing which the affected person may request for payment of interests calculated at the legal rate.

The document acknowledging receipt of payment of the agreed amounts is prepared and signed by the Directorate of Lands (Ministry of Finance) and the compensated parties. The legal modalities for paying compensations are defined therein so as to avoid arrears accumulation.

7.4. Remedies

Where the parties fail to reach an amicable agreement, two remedies are open to them: (1) an administrative action before the supervisory authority of the expropriating party in view of an amicable re-negotiation of the compensation amount; and (2) recourse to the Diwane el Madhalime (a body for mediation and specific recourse). An action may also be brought before the courts, if need be.

13 CRP Summary Double-tracking of the Settat – Marrakesh railway line

In the event of litigation, the expropriating party shall bring the matter before the High Court. Within two months of the initiation of the action, the following procedures shall be launched: i) a locus in quo; and ii) a meeting with the parties. A court hearing is scheduled after the locus in quo. The court shall allow the expropriated and the expropriating parties 8 days to reach an amicable settlement, failing which the court shall set the compensation amount by order.

As a general rule, any person affected by a project may appeal. In such a case, the court receives the complaints and examines the procedures that were followed before delivering a judgement.

7.5. ADB Policy and Level of Compliance

The 2003 ADB Involuntary Resettlement Policy applies where a Bank financed project is likely to affect livelihoods, or to result in land acquisitions or restrictions of access to the natural resources that constitute the main source of subsistence for the local people.

With this policy, the ADB seeks to ensure that local people do not suffer any adverse socio-economic effects as a result of the Bank's project implementation. Where there are adverse effects on persons, they should be given assistance and compensation to ensure that their future socio-economic situation remains at least equal to what it was before the project.

These policies lay down specific procedures relating to the involuntary resettlement of displaced persons and pay particular attention to the needs of the poorest sections of the population. They seek to minimize the involuntary displacement of persons, as well as compensate affected persons at the full replacement and displacement costs.

The Moroccan national provisions on compensation and resettlement are mostly consistent with ADB requirements, with only a few of them being slightly different. Thus, under Moroccan law, there are no obstacles to assisting occupants without land title deeds or for compensating them for loss of income on crops or forestry resources. Vulnerable groups are not expressly mentioned in the law, but they can be favoured under the law (affirmative action).

The Moroccan positive law can cater for gender issues given that women and children are considered as important segments of the society that cannot be ignored.

7.6. Extra-procedural Mechanism

All compensations and indemnifications shall be conducted fully and exclusively in keeping with Moroccan legal and regulatory frameworks. The Bank's guidelines help to reduce the number of complaints and recourse. The approach adopted in this case is conciliation with the aim of protecting the rights of Project-affected Persons, while ensuring a sound management of the compensation budget.

8 INSTITUTIONAL PROVISIONS

By virtue of Act No.52-03, ONCF is empowered to manage the railway estate of the Kingdom and in that capacity, it is charged with the responsibility of planning the relevant actions and executing all works necessary to guarantee transport-service delivery to the people. Thus, the implementation and monitoring of the CRP will be organised and chaired by ONCF, in its capacity as Delegated Project Owner and by its project-control services (DRIC-South).

It shall be assisted by prefectural services of the Ministry of Interior as well as those in charge of agriculture, town planning, lands, land registry, the environment, elected officials etc. Between 2011 and 2013, ONCF prepared an expropriation file comprising a plot survey of the right-of-way by municipality for the entire project. The survey made it possible to identify the affected farms, agro- pastoral lands and infrastructure.

14 CRP Summary Double-tracking of the Settat – Marrakesh railway line

The final demarcation of all plots and a detailed description of other properties to be expropriated are carried out at the end of the administrative enquiry aimed at validating the expropriation file containing the CRP. This phase marks the end of the mandatory public enquiry and sets the scene for the freeing up of the right-of-way as a prelude to the works.

Project-affected Persons will receive financial compensation in accordance with Act No.07-81 and its implementation decree No.2-82-382 on expropriation of property for public use in the Kingdom of Morocco as well as the Bank's Involuntary Resettlement Policy. Compensation must correspond to the value of assets lost by all project-affected persons.

9. ELIGIBILITY

9.1. Eligibility Criteria for Project-affected Persons For the dual-tracking project, the acquisition of private lands is limited to the strips of adjacent lands 1 to 5m wide, in general, and 15m wide for the 5.5 km identified for curve corrections, by lateral extension of the existing right-of-way. Land acquisitions shall be subject to financial compensations.

The law authorises that persons with rights over a plot of land be compensated as: (i) owners; (ii) tenants or occupants; (iii) usufructuaries; (iv) owners of facilities or infrastructure; (vi) persons exercising commercial activities on the land.

The ADB Guidelines provide that in case of land acquisition, every identified land owner, holding a land title deed or not, should be compensated. The Bank's policy applies to all affected persons, regardless of their status, whether they hold a formal land title deed or not, and whether such title deed was obtained under positive law or customary law, provided they occupied the said land before the eligibility date.

In Morocco, where land owners do not have the required supporting documents (Melkia, land title deed), or where farmers carry out their activities without a contract or a lease agreement or when it concerns community lands (Guich), local authorities of the Ministry of Interior issue an administrative certificate as a supporting document to their right over the land. Such persons are therefore eligible.

9.2. Eligibility Date

The eligibility period ends with the closure of operations to identify affected persons, their built-up properties, farmlands or commercial premises in the project area. Beyond this deadline, no compensation can be made in respect of the occupation and/or exploitation of the area targeted by the project. The eligibility deadline, as set by the Moroccan legislation, is the date of closure of the administrative enquiry.

10. ASSESSMENT OF CLAIMS AND COMPENSATION FOR LOSS

The estimation of indemnities and compensations is based on the Moroccan practice and the scales in force in the Kingdom as well as the principles adopted during public consultations. They must also be consistent with the Bank's procedural requirements. Prefectural Assessment Commissions (PAC) shall determine the amount of the compensation. The cost of compensations shall be determined on the basis of the current real estate prices in the regions concerned. These costs are the basis for negotiations. In a bid to ensure adequate compensation of Project-affected Persons, ONCF made budget provisions to cover damage to lands.

The table below presents for the municipalities affected by the project, the unit costs of land, crops, structures and trees:

15 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Type MAD/ha MAD/ml MAD/unit Undeveloped land Settat 350 000 El Kalaa (Mechraa to Sidi Abdallah) 350 000 El Kalaa (S Abdallah to Skhour 300 000 El Kalaa (Ben Guerrir to Bou Athman) 350 000 Marrakesh 200 000 Farm Assets Hard wheat 40 000 Soft wheat 35 000 Barley 20 000 Cumin 70 000 Chickpeas 20 000 Potatoes 70 000 Fences and Constructions Traditional Well 1 500 Stone Wall 30 Prickly Pear 70 Reeds 20 Concrete Posts 150 Metal Door 1 500 MAD/unit Arboriculture Young Middle Age Adult Fig Tree 300 600 1500 Olive Tree 100 280 600 Palm Tree 100 300 1000 Eucalyptus 50 100 150 Cypress 50 100 150

Plot surveys by DP/ONCF are completed for all the sections (one per municipality). Assessments are finalised and the DPI published. The demarcation of strips of lands to be expropriated should help avoid disputes in the future. In view of an equitable compensation of affected persons, ONCF’s Property Department (DP) estimated the value of assets based on the price of land in each prefecture. It took into account the type and age of the farm as well as the use and status of the land. The estimated amount stands at almost MAD 51.6 million.

The estimates summary is attached as Annex 1.

11 IDENTIFICATION OF RESETTLEMENT SITES

As stated in section 5 above, the survey conducted by DP-ONCF reported no resettlement or relocation and no homes are affected. The operation is limited only and exclusively to the expropriation of strips of land adjacent to the existing railway right-of-way. Some areas are parts of the local public forest lands. Neither the land owners nor the land users will lose their dwellings. They will all remain in their current areas of residence and will be able to maintain the same way of life as well as their economic and social activities. As a result, the issue of integration into the host community will not arise, given that the persons affected will remain in the same areas.

12 AFFECTED INFRASTRUCTURE AND SOCIAL SERVICES

The survey conducted by DP-ONCF reports no community social service affected by the lateral extension of the railway right-of-way.

Regarding infrastructure, provisions have been made to upgrade all roads crossing the railroads. All classified roads will be provided with overpasses and will be an integral part of the second component of the project which, as a reminder, seeks to enhance security and safety through the removal of level crossings, construction of fences to enclose the rights-of-way as well as the construction of crossing facilities.

16 CRP Summary Double-tracking of the Settat – Marrakesh railway line

Feeder roads running along the initial right-of-way and which were included in the acquired lands have been immediately restored as they will serve to demarcate the new right-of-way borders and will also be used for the construction of fences as well as the transportation of heavy-duty equipment needed for commencement of the works. They will continue to serve as feeder roads for farmers (for use during soil tillage and planting, crop harvesting and removal of straw bales, which are considered as farming by- products). The related costs are included in the allocated CRP budget under the item “demarcation of the right-of-way”.

Energy and ICT networks as well as drinking water supply facilities will be restored and the related costs are included in a separate Description and Quantities Estimates (DQE).

13 ENVIRONMENTAL PROTECTION

Regarding the environment, the measures taken to compensate and mitigate the identified effects of the project on the biological environment are presented in the table below:

Table X Compensation and Mitigation Measures Impact-generating Impact Mitigation Measures Activities Acquisition of Forest Reduction of Forest 1. Lands falling under the Forestry Regime and which are needed to Lands Areas implement public-interest projects, will be procured in compliance with the provisions of Dahir No.1-58-382 of 17 April 1959 and an ONCF/HCEFLDD agreement will be signed to that end. 2. Deforestation and destruction of vegetation beyond the limits of the land acquired by ONCF shall be prohibited. 3. During tree cutting, wood stacking areas will be created away from wetlands. Deposit of Materials Risk of Land 4. Start of negotiations with land owners for renting their land before Speculation opening the deposit areas. 5. Waste management plan

14 IMPLEMENTATION SCHEDULE

An indicative CRP-implementation schedule, including target dates, is proposed in this document. The schedule is prepared for each component in each municipality or rural municipality. Considering the number of components concerned and the fact that they are complementary to the capacity-increase project of the Tangier-Marrakesh railway, the right-of-way of some components have already been freed up, namely: i) Settat–Khemisset (PK72 to PK94), along a 22km stretch; and ii) Khemisset–Imfout (PK 94 to PK104 ) along a 10 km stretch. The schedule is presented in annex 2.

15. BUDGET

To ensure adequate compensation of affected persons, ONCF provided a budget of MAD 70 million to cover:

i) Compensations for the acquisition of identified affected lands in the immediate project area. They are calculated on the basis of the price, depending on the use to which the land is put and its status. A provision is added to the amount to cater for damages to the land and to take into account the risk of land speculations;

ii) Costs of publication and posting of the Declaration of Public Interest (DPI) - in the Official Gazette and in at least two national daily newspapers - as well the list of affected persons and plot plans in the municipalities and, finally, the land-ownership-transfer orders of the municipalities;

17 CRP Summary Double-tracking of the Settat – Marrakesh railway line

iii) Operating costs for the Prefectural Commission and external service providers such as land and real estate experts of land agencies, bailiffs and decentralised administrative units;

iv) Costs relating to the demarcation of the right-of-way: this involves financing the cost of clearing and demarcating a strip of land 3.5m wide and setting up a removable chain-link fence. The demarcation costs will also include the fees of the licensed land surveyor and will pay for the additional strips of land required for rectifying the layout;

v) External audit; and

vi) Costs of demolition and removal of tree stumps are not included in the CRP. They are taken into account in the Description and Quantities Estimates (DQE) for works required under the project.

The details of the budget estimates are presented below: Name Amount [MAD] Estimated Compensation Amount 31 556 586 Provision for Compensation of Damage to the Lands Lump sum 20 000 000 Provision for Court Fees 1.50% 773 349 Publication Fees 2% 1 031 132 Sub-total 53 361 067 Operating Costs of the Prefectural Commission and External Support Services 2.50% 1 288 915 Demarcation Costs (by a surveyor duly licensed by the Land Registry) Lump sum 5 000 000 Costs of Demarcating the Right-of-way Lump sum 5 000 000 External Audit Lump sum 2 000 000 Sub-total 2 13 288 915 Sub-total (1+2) 66 649 981 Contingencies 5% 3 332 499 Total 69 982 480

Morocco shall bear the full cost of the CRP implementation. Funds earmarked to cover CRP expenses shall come from the ONCF budget. However, in order to conduct the compensation operations within a shorter deadline, it is necessary to introduce more flexibility in the CRP financing mechanism and to secure the funds. To this end, ONCF is empowered by the State (Act No.52-03) to prepare the relevant contracts and memoranda of understanding. Compensation payment files and contracts shall be prepared by DP/ONCF in its capacity as Delegated Project Owner and shall be approved by the Project Owner (MELT). Payment cheques shall be issued to beneficiaries by the CRP Committee, against an acknowledgement of receipt.

The compensation file shall comprise among other documents: i) a memorandum of understanding on the compensation amount signed by the Prefectural Assessment Commission and co-signed by DP- ONCF and the affected person; ii) an authentic title deed issued by the relevant services of the Ministry of Interior with respect to community lands that belong to ethnic groups and are placed under the supervisory authority of the Ministry of Interior. Communities with a legal personality are joint owners of their lands and may demarcate and register the said lands (see land tenure legislation); iii) a deed of notoriety issued by the court to a succession trustee where the owner of the built-up property or activity has passed away; and iv) a compensation receipt signed by the above mentioned parties.

Adequate compensation should be paid to project-affected persons to avoid a deterioration of their living standards. Budgetary and regulatory measures will be taken to this end. All compensations will be paid before the start of the works.

18 CRP Summary Double-tracking of the Settat – Marrakesh railway line

16. MONITORING AND EVALUATION

The monitoring of the implementation of the resettlement policy will form an integral part of the comprehensive monitoring of the project. Monitoring will be participatory and will involve all the actors, namely, the Socio-economist of the ONCF Development Office, the ONCF Property Department, municipal authorities, Project Manager (DRIC-South) and project-affected persons and communities.

The monitoring of the project's socio-economic impacts will be carried out for the entire project duration. There will be indicators relating to the payment of compensations, the level of satisfaction of Project-affected Persons, etc. Internal monitoring reports will be prepared by the DP-ONCF services. They will make it possible to take stock of the operation, to find out whether the compensations were paid in conformity with the CRP stipulations and whether such compensations were used judiciously with regards to the improvement of the living standards of affected people.

Thus, an external evaluation of the CRP implementation will be conducted. It will be extended to all Project-affected Persons (PAP). ONCF will contract the services of an independent audit firm to evaluate the program. The external audit will ascertain that the CRP implementation is consistent with the stated goals and that it complies with the Moroccan legislation and the Bank's Guidelines.

More specifically, the monitoring and evaluation will help to ensure that: (i) compensations that were initially defined were paid; (ii) the vulnerable groups were adequately catered for; (iii) all complaints were duly examined and the outcome of the deliberations are known; (iv) the CRP implementation schedule has been complied with; (v) resettlement does not lead to adverse effects or that where they exist, such adverse effects are properly addressed. One of the objectives is to ensure that the living standard of PAPs does not deteriorate as a result of project implementation. The monitoring and evaluation will also help assess the level of satisfaction of the various groups of PAPs with the compensation scheme. The impact assessment will consist in a comparative analysis based on the study of a benchmark situation at the start of the project, at mid-term and at the end of the project. The Terms of Reference for external evaluation of the CRP implementation will include:

a) The conduct of inquiry by sampling the opinion of representatives of the various PAP groups, indication of the number of disputes, indication of the number of activities restored as evidence of the level of satisfaction, and possible grievances; and

b) Considering the institutional and technical backgrounds of the operation, an evaluation focusing on: i) organisational arrangements in place; ii) adequacy of the human and material resources to meet the set objectives; iii) consistency of the communication- consultation and internal monitoring system with the socio-economic situation of PAPs; iv) evaluation of the fulfilment of commitments made; v) adequacy of estimated budget and gap analysis; vi) assessment of the fairness of compensations, pending disputes and the risk posed by such disputes to the project; and vii) assessment of the level of restoration and continuation of the activities of the PAPs.

19 Annexure 1: Provisional table on land acquisition estimates

Unit Compensation Bridges Useful Unit value Total number Useful surface Amount Prefecture Municipality Railway stations PK Viaductand over Road Bridges Rail Bridges public land Nature/status lands of loss of Plots area (ha) damages [MAD oued (Ha) [MAD/ha] of crops [MAD] ] [MAD/ha] Settat Settat 7 72.951 to 74.430 1 3192 private farming lands, (melk) 350 000 15 000 835 000 1 316 508 Ain Nzagh 31 74+430 to 80.450 4 6676 private farming lands, (melk) 350 000 15 000 2 885 000 4 588 674 Lahouaza 50 80+450 to 86.970 3 4098 private farming lands, (melk) 350 000 15 000 1 850 000 3 094 577 Settat Oulad Aarif Bni Yagrine 25 86+970 to 90.370 0.6358 private farming lands, (melk) 350 000 10 000 953 700 1 182 588 Khemisset Chaouia Khemisset 3 90+370 to 93.350 0.2354 private farming lands, (melk) 350 000 10 000 255 000 339 744 Toualet 2 93.350 to 93.955 0.1055 private farming lands, (melk) 350 000 15 000 348 000 386 508 97 94+949 to 104.100 4 9031 private farming lands, (melk) 350 000 15 000 2 554 000 4 343 632 Sidi Mohed Ben Rahal Imfout 104+500 6 104+600 to 117+100 0.365 private farming lands, (melk) 350 000 15 000 465 000 598 225

Machraa Ben Abbou Machraa Ben Abbou 117+570 3 117+800 to 120+150 0.103 private farming lands, (melk) 350 000 15 000 325 000 362 595 7 120+100 to 126+900 0.458 private farming lands, (melk) 350 000 10 000 530 000 694 880 127+717 overpass 0.15 public road domain - Sidi Abdallah Sidi Abdallah 60 129+806 8 250 private farming lands, (melk) 300000 10000 1685000 4 160 000 131+096 overpass 0.28 public road domain - Skoura Lhadra 3 133+900 to 135+300 3 639 private farming lands, (melk) 300 000 15 000 1 665 000 2 811 285 135+321 O. Abdallah 0.5 Public water domain - Skhour Rhamna 5 135+700 to 137+700 0.256 private lands (melk) 300 000 10 000 400 000 479 360

Skhour 146+792 overpass 0.93 14 001 147+065 overpass Double track 170+953 Leapfrog public road domain El Kalâa Benguerrir 174+785 O. Bouchene Public water domain Ben Guerir 9 173 to 177+481 0.8115 private lands (melk) 350 000 10 000 325 000 617 140 Sidi Ali Labrahla 15 177+481 / 184+660 2 0839 private lands (melk) 350 000 15 000 1 400 000 2 160 624 3 184+600 to 189+162 Level crossing (provision for overpass) 1 3688 Collective lands + 5 paths 350 000 15 000 825 000 1 324 612 M'zalet Laadam 194+175 O. Bourlal 0.5 Public water domain - Nzlat Laadam 2 194+180 to 201+400 Level crossing (provision for overpass) 0.1623 Collective lands + 5 paths 350 000 10 000 260 000 318 428 201+450 O. Bousgana 0.5 Public water domain - Oulad Imloul 12 201+500 to 204+950 0.9854 private lands (melk) 350 000 8 000 625 000 977 773 204+955 oued 2 204+960 to 209+188 0.0465 private lands (melk) 350 000 8 000 235 000 251 647 Sidi Bou Othmane Sidi Bou Athman 209+215 overpass 0.3 public road domain -

5 210+220 to 212+820 0.6248 private lands (melk) 200 000 10 000 265 000 396 208 212+820 to 213+100 forest domain - 2 213+100 to 214+530 0.0716 private lands (melk) 200 000 10 000 125 000 140 036 214+535 oued 0.35 Public water domain - 216+041 overpass 0.4 public road domain - Harbil 225+688 oued 0.3 Public water domain - Koudia Elbeida 227+559 oued 0.5 Public water domain - 5 227+570 to 228+000 0.3077 private lands (melk) 200 000 8 000 130 000 194 002 2 228+000 to 232+345 0.0161 private lands (melk) 200 000 8 000 85 500 88 849 232+356 overpass 0.4 public road domain - Marrakesh 9 232+400 to 236+000 0.2178 private lands (melk) 200 000 8 000 200 000 245 302

236+240 0.4 Public water domain - Ouahat Sidi Brahim 2 236+260 to 237+100 0.1207 private lands (melk) 200 000 8 000 135 000 1 5 237+210 to 239+150 0.5284 private lands (melk) 200 000 8 000 275 000 384 907 240+934 overpass 0.4 public road domain - 2 241+000 to 242+320 0.0642 private lands (melk) 200 000 10 000 85 000 98 482

Menara Sidi Ghanem Marsh land of SIBE Oasis Gueliz Oued Tensift Double track

Marrakesh Medina Marrakesh 246+740 Number 384 Summary of areas 4 680 35 636 Costs 19 721 200 31 556 586

20

Annexure 2: Indicative timeframe for CRP implementation per municipality

21 Annexure 2: Indicative timeframe for CRP implementation per municipality

Period_____ month 1 month 2 month 3 month 4 month 5 month 6 month 7 month 8 month 9 month10 month11 month12 month 13 Action Actor 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 CRP Preparation (expropriation file) DP/ONCF Plot Study DP/ONCF Public Information ONCF-PIC/DRIC Sud Completion of Studies and Plot Plan DP/ONCF Draft Eminent Domain Orders ONCF/ MELT Setting up of the Prefectural Commission DP-ONCF / Min Interior / Prefect Start of Public Enquiry + Public Register Investigation Commissioner Works of the Prefectural Commission (PC)) Prefectural Commission (PC) Disclosure of Absent or Opposing Persons CRC / CPRC Enquiry and Estimate of Damages to Project Sites ONCF-DP/CP Defining Compensations and Amicable Agreements CRC / CPRC End of Public Enquiry Investigation Commissioner/Prefect Instrument Declaring the Public Interest Nature of the Project (DPI) ONCF/MELT/SGGvt Publication of Final CRP and Deposit at the Land Conservation Office ONCF-DP Posting of Land Transfer Orders in Municipalities CPIR/ Chairpersons of Councils Payment of Compensations ONCF Prefectural Commission’s Works Completion Report Prefectural Commission (PC) (Matters that could not be settled amicably) Intermediation before the MELT or the Diwane El Moudhalimine MELT or mediation Bureau If agreement reached If no agreement Bringing Action before the High Court Litigation Service-ONCF Locus in quo Min Justice Meeting between Both Parties and Conciliation Deadline Min Justice If no agreement still, Setting of compensation amount by court ruling Min Justice Decision Transferring Ownership Min Justice Posting of Transfer Orders in Municipalities CPIR/ Chairpersons of Councils Deposit of Compensation Amount into Public Treasury Litigation Service-DP - ONCF CRP Monitoring ONCF /DRIC Sud/Municipalities Demarcation and Delimitation ONCF-PIC/DRIC Sud Monitoring of Actual Freeing Up of Right-of-ways DP- ONCF Notice of Freeing up of the Sites DP-ONCF CRP Implementation Report DP-ONCF / MELT External Evaluation of CRP Implementation

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