Federal Democratic Republic of Ethiopia Ethiopian Roads Authority

M ODJO A WASSA R OAD P ROJECT – L OT 1 M ODJO Z IWAY

Oromia Regional State Phase II Detail Engineering Design Final Version Code S / 37 / ICB / RP /GE / 2001EFY

Phase II. Detail Engineering Design

RESETTLEMENT ACTION PLAN

(FINAL VERSION)

Techniplan

Addis Ababa, May 2013

ETHIOPIAN ROADS AUTHORITY

MODJO AWASSA ROAD PROJECT – LOT 1 MODJO ‐ ZIWAY

Phase II ‐ Detail Engineering Design

RESETTLEMENT ACTION PLAN

Via Guido d’Arezzo, 14 ‐ 00198 Roma Italy Head office address Tel. +39 06 8535.0880 ‐ Fax +39 06 8535.4044 E‐Mail: [email protected] [email protected]

210, Lex Plaza Building ‐ Haile Gebre Selassie Road. ‐ Addis Ababa Ethiopia Project office address Tel ‐ Fax (251) 11 618.3729 ‐ E‐Mail: [email protected]

Techniplan

Addis Ababa, May 2013

Page i Techniplan

RESETTLEMENT ACTION PLAN

Table of contents page Executive Summary 1

CHAPTER 1 Description of the project 8

CHAPTER 2 Impact of the project 13

CHAPTER 3 Institutional organization 14

CHAPTER 4 Public and stakeholders consultation 19

CHAPTER 5 Socioeconomic environment of the project road 21

CHAPTER 6 Policy, legal and administrative framework 36

CHAPTER 7 Institutional and administrative framework 45

CHAPTER 8 Eligibility criteria and project entitlement 48

CHAPTER 9 Methods of valuing affected properties 54

CHAPTER 10 Implementation schedule 51

CHAPTER 11 Compensation for project affected property 55

CHAPTER 12 Monitoring, evaluation and reporting 57

CHAPTER 13 The RAP disclosure 60

Appendices

1. List and Profiles of PAPs at 70m RoW 2. Affected Utilities 3. Minutes of Public Consultation 4. Unit rates of Compensation 5. List of Vulnerable Persons 6. Pictures of Public Consultation

* * *

Acknowledgements

The Consultant wishes to express his gratitude to ERA Staff for the information & guidance extended to the team that drafted the Report

Gratitude is also expressed to Wereda Administrations contacted during field surveys

Page ii Techniplan Acronyms and Abbreviations

AFDB African Development Bank AIDS Acquired Immune Deficiency Syndrome ARAP Abbreviated Resettlement Action Plan ARCCH Authority for Research and Conservation of Cultural Heritage BW Block Walled Table of CSA Central Statistical Agency CWCS Corrugated Walled Corrugated Sheet Roofed EIA Environmental Impact Assessment ELAD Environment and Land Administration Desk (woreda level) EMP Environmental Management Plan EMSB Environmental Monitoring and Safety Branch (of ERA) EPA Environmental Protection Authority ERA Ethiopian Roads Authority ETB Ethiopian Birr FAO Food and Agriculture Organization of the United Nations FDRE Federal Democratic Republic of Ethiopia GCRC Gross Current Replacement Cost ha Hectare HH Household HHH Head of Household HIV Human Immunodeficiency Virus kg Kilogram km Kilometer LHS Left Hand Side m Meter MoARD Ministry of Agriculture & Rural Development MWCS Mud Wall and Corrugated Sheet Roof MWMR Mud Walled Mud Roofed MRC/KRC Municipality RAP Committee/Kebele RAP Committee NGO Non‐Governmental Organization OP Operational Procedure (WB) PAP Project Affected Persons ql quintal = 100 kg RAP Resettlement Action Plan RAP‐C Resettlement Action Plan Committee RC Regional Council RHS Right Hand Side RPF Resettlement/Rehabilitation Policy Framework (ERA) ROW Right of Way RRC Rural Area RAP Committee RSDP Road Sector Development Program SIA Sociological Impact Assessment sq m square meter TOR Terms of Reference TRC Town RAP Committee WARDO Woreda Agriculture and Rural Development Office WRC Woreda RAP Committee

Page iii Techniplan Contents

Executive Summary ...... i 1 Description of the project ...... 1 1.1 Background ...... 1 1.2 Project Location ...... 4 1.3 Scope and Objectives of the RAP ...... 4 1.4 Methodology ...... 4 1.4.1 Data Collection, Consultation and Environmental and Social Impact Assessment ...... 5 2 Impact of the Project ...... 6 3 Institutional Organization ...... 8 3.1 Organizations Involved in RAP Implementation ...... 8 3.1.1 The Role of ERA...... 9 3.1.2 Roles of the Funding Institutions ...... 9 3.2 Compensation Procedure ...... 10 3.3 Vulnerable Households ...... 10 3.4 Grievance Redress Mechanism ...... 10 4 Public and Stakeholders Consultation...... 13 4.1 Public Consultation ...... 13 4.1.1 Definition of Fully and Partially Affected Households ...... 13 4.1.2 Consultation with Communities and local officials ...... 14 5 Socio Economic Environment of the Project Road ...... 15 5.1 Project Affected Weredas ...... 15 5.2 Demographic Characteristics ...... 15 5.2.1 Population in the Project Area ...... 15 5.2.2 Sex composition ...... 15 5.2.3 Urban Area Population...... 15 5.2.4 Population Density ...... 16 5.2.5 Ethnic composition ...... 16 5.2.6 Language ...... 16 5.2.7 Religion ...... 16 5.2.8 Household size ...... 17 5.2.9 Age distribution...... 17 5.2.10 Dependency ratio ...... 17 5.3 Education ...... 17 5.3.1 School Enrolment ...... 17 5.4 Access to Health Institutions ...... 18 5.5 Access to Water Resources ...... 18 5.6 Road Network in the Affected Weredas ...... 18 5.7 Electric Power Supply ...... 19

Page iv Techniplan 5.8 Economic Activities ...... 19 5.8.1 Agriculture ...... 19 5.8.2 Irrigation Farming activity ...... 20 5.8.3 Livestock rearing...... 20 5.8.4 Fishing ...... 20 5.9 Other activities ...... 20 5.9.1 Mining Resources ...... 21 5.9.2 Investment ...... 21 5.10 Tourist attractions ...... 22 5.10.1 Rift Valley Lakes ...... 22 5.10.2 Lake Zeway Monastries ...... 23 5.11 Problems and Impact of the Road on Socio-economics of the Project Area ...... 23 5.12 Travel Pattern of the Project Area...... 24 5.13 Administration ...... 25 5.14 Project Affected Persons at 70m ROW ...... 25 5.14.1 Headship and families of the PAPs at 70 m ROW ...... 25 5.14.2 Religion of PAPs ...... 26 5.14.3 Ethnicity of PAPs ...... 26 5.14.4 Occupations ...... 27 5.14.5 Marital status ...... 27 5.14.6 Education ...... 27 5.14.7 Vulnerable Households ...... 28 5.15 Properties Affected by the Lot 1 Project (00km to 92.5km) ...... 28 5.15.1 Houses and Fence Affected at 70 meters ROW ...... 28 5.15.2 Fully and Partially Affected Households ...... 28 5.15.3 Impact of the Project on Farm Lands ...... 29 5.15.4 Electricity and Tele Poles Houses Affected by the Project ...... 29 5.15.5 Impact of the Project on Trees ...... 29 6 Policy, Legal & Administrative Framework ...... 30 6.1 The Constitution ...... 30 6.2 Environmental Policy of Ethiopia ...... 31 6.3 Sectoral Policies ...... 32 6.4 ERA's Resettlement/Rehabilitation Policy Framework ...... 33 6.5 African Development Bank’s Environmental Assessment Guideline ...... 34 6.6 The AfDB Environmental and Social Assessment Procedures (ESAP) ...... 34 6.7 The AFDB Involuntary Resettlement policy ...... 34 6.8 Legislation on Expropriation of Land and Compensation ...... 35 6.9 Proclamation on Rural Land Administration and Land Use ...... 36 6.9.1 Proclamation on Ethiopian Water Resources Management ...... 37 6.9.2 Proclamation on Public Health ...... 37

Page v Techniplan 6.9.3 Proclamation on Research and Conservation of Cultural Heritage ...... 37 6.9.4 Regulations on Payment of Compensation for Property Situated on Landholdings Expropriated for Public Purposes ...... 38 6.9.5 Oromia Regional state land administration and land use proclamation ...... 38 6.9.6 The Registration and Regulation of Charities and Societies...... 38 6.10 Multilateral Environmental Related Agreements ...... 38 7 Institutional and Administrative Framework ...... 40 7.1.1 Federal and Regional Administration ...... 40 7.1.2 Environmental Protection Authority ...... 40 7.1.3 Environmental Protection Unit ...... 40 7.1.4 Regional Environmental Agencies ...... 41 8 Eligibility Criteria and Project Entitlement ...... 43 o Compensation Procedure ...... 44 o Vulnerable Households...... 45 9 Methods of Valuing Affected Properties ...... 46 9.1.1 Method of Valuing Compensation for Loss of Houses ...... 46 9.1.2 Method of Valuing Compensation for Loss of Trees ...... 46 10 Implementation Schedule ...... 48 Committee Formation Phase ...... 48 Awareness Creation ...... 48 Compensation Payment Phase ...... 48 Reporting ...... 48 11 Compensation for Project Affected Property ...... 50 11.1.1 Compensation for Loss of Houses ...... 50 11.1.2 Compensation for Affected Farm Plots ...... 50 11.1.3 Compensation for Affected Eucalyptus Trees ...... 50 11.1.4 Compensation for Relocating Electricity and Tele Poles ...... 50 11.1.5 Monitoring Cost ...... 50 11.1.6 Compensation for All Affected Properties...... 51 12 Monitoring, Evaluation and Reporting ...... 52 12.1 General ...... 52 12.2 Internal Monitoring ...... 52 12.3 External Monitoring ...... 52 12.4 Monitoring Plan ...... 53 12.5 Gender Monitoring and Evaluation in RAP ...... 54 13 The RAP Disclosure...... 55 14 Conclusion and Recommendation ...... 56 15 List of References ...... 58

Page vi Techniplan Annex 1: List of PAPs and properly loss ...... 59 Annex 2: Response to EPA comment ...... 60 Annex 3: Minutes of Meetings...... 63 Annex 4: Unit Cost ...... 64 Annex 5:Photo of Public Consultation...... 65 Annex 6: Terms of Reference ...... 68

Page vii Techniplan Executive Summary

1. Background The Mojo‐Hawassa road project starts at Mojo town in Oromia National Regional State (ONRS) and terminates at Hawassa town, capital of SNNPRS. The road corridor traverses five administrative weredas in the ONRS (Lome, Dugda Bora, Adami Tulu Jido Kombolcha, Arisi Negele and Shashemene) covering about 95% of the total road length. The remaining section of the road is located in SNNPRS Capital, Hawassa town, and constitutes only 5 % of the total road segment.

This Resettlement Action Plan (RAP) covers the first 92.5 km stretch of the proposed road project (Lot 1) that starts at Mojo town and terminates at km92.5 in Zeway town. The RAP identifies adverse social impacts caused by the construction of the New Dual Carriageway Highway and to suggest mitigation measures at 70 meter ROW.

During the ESIA survey the community discussed on the route the Mojo Hawassa road alignment should follow. The options consisted of whether to upgrade the existing road or create a new alignment. Out of the two options the upgrading one is not favored by the public. In fact the local community expects a higher positive impact from the new separate alignment in terms of improved access and opportunities for development of businesses. The majority (about 60%) of the new alignment, however, traverses in smallholders crop cultivation land, hence productive agricultural land take and subsequent effects on people livelihood is the main adverse impact.

During Phase II based on the Client’s requests the Consultant identified three alternative options, two of which envisaged a new alignment, which have undergone a feasibility analysis. The three alternatives main features can be summarized as follows:

Option 1 – New Expressway. This option plans the realization of a standard expressway with 2 lanes per carriageway, controlled access, grade‐separated interchanges and toll plazas for tolling operations. This option has taken into consideration three levels of tolls.

Option 2 – New highway dual carriageway. This plans the realization of a new dual carriageway highway on the same alignment as the expressway. The highway will comply with all geometrical standards of the expressway so that in future the transformation into an expressway will require some ancillary works and no demolition/replacement of works. The access to the highway will be free from any of the crossed roads.

Option 3 – Existing road upgrading to dual carriageway standard. This plans the upgrading of the existing single carriageway road to dual carriageway standard, complemented the bypasses of eight major urban centers traversed by the road. The geometry of the road is only partially improved due to the constraints imposed by the doubling of the existing road. The bypasses are aimed at mitigating the traffic congestion at the crossing of major urban centers and built‐up areas.

The location map of the options is displayed at the end of this Executive Summary.

The three scrutinized options vary significantly in technical parameters. Detailed assessment was carried out on these parameters as well as on advantages and disadvantages of each option within a comparative analysis carried out to facilitate the evaluation and decision by the client. The comparison of the alternatives is summarized in Table 1.3 of Chapter 1. Based on this assessment the recommendable option was found to be Option 2 “New Dual Carriageway Highway” which stood better on a number of evaluation criteria and was eventually approved by ERA.

Page i Techniplan This RAP is undertaken for the “new Dual Carriageway Highway” option, for which a nominal right‐of‐way width of 70 m was adopted.

2. Description The dual carriageway highway (option 2) will have two carriageways of 7.30 metres (plus shoulders) separated by a median of 1.5 meters, and will have at grade intersections with the existing roads and adequate link roads to connect to the major urban centers. The highway has a total length of 92.5 km from Mojo – Zeway. The route starts from the existing Addis Ababa‐Adama road (515487, 948066), and ends at the southern exit of Zeway town. Main features of the new highway are outlined hereafter. Roundabouts. Junctions in the form of roundabouts have been included to ensure smooth interface with the twelve main crossed roads. The through‐flowing highway vehicles will be given priority over transversal secondary traffic. With such solution, the design speed of the highway will be protected, while guaranteeing optimal safety at crossing level. The location of junctions is tabulated below.

Table 1: Location of Junctions distance from distance to Ref. No. type chainage ref. to plan Nearby towns previous km next km 1 Roundabout 0+000 ‐‐‐ ‐‐‐ 15.93 Mojo 2 Roundabout 15+934 MA/OP3/PP/05 15.93 24.67 Ejersa 3 Roundabout 40+610 MA/OP3/PP/11 24.67 3.74 Alemtena 4 Roundabout 44+350 MA/OP3/PP/12 3.74 16.15 Alemtena 5 Roundabout 60+500 MA/OP3/PP/17 16.15 27.45 Meki 6 Roundabout 87+950 MA/OP3/PP/24 27.45 28.27 Ziway

Link roads. The roads intercepted by the highway will be improved in the direction toward the nearest towns, in order to offer the users a similar level of service as that of the highway. The design speeds over the upgraded transversal roads range from 90 to 120 km/h. accordingly; ERA’s DS2 standard has been applied. Additional link roads have been introduced for towns which are not already connected to the new highway through an existing road. As extensions of the expressway these connections should have similar geometric characteristics and provide the same level of service say with design speeds of 120, 100 or 90 km/h. accordingly, as said, the DS2 standard of ERA has been assumed.

Table.2: Roads crossed by the highway with roundabout prioritized junctions Roads crossed by the highway Towns served 1 Existing Mojo ‐ Hawassa Koka 2 Existing Mojo ‐ Hawassa Ejersa 3 Meki ‐ Dugda Meki 4 Ziway ‐ Butajira Ziway

3. Objective The main purpose of this Resettlement Action Plan (RAP) is to identify adverse social impacts caused by the realization of the new dual carriageway highway and to suggest mitigation measures and procedures to be followed. Assessment was undertaken at 70 meter ROW of the road alignment, with the objective of quantifying and valuing the impacts on the local people and properties in order to propose measures that compensate for such adverse impacts. This RAP covers the first 92.5 km stretch of the proposed road

Page ii Techniplan project (Lot 1). The project road starts at Mojo town and terminates at km92.5 in Zeway town, traversing five administrative woredas namely, Lome, Dugda, Borra, Liben and Adami tulu woredas.

4. Legal Framework The Constitution of Federal Democratic Republic of Ethiopia (FDRE) and its development strategies; legal and institutional frameworks for land acquisition, compensation and rehabilitation measures for Project Affected Persons (PAPs) provide the policy, legal and administrative framework. Apart from the broad policy frameworks, the main reference behind the preparation of the Resettlement Action Plan (RAP) is the Environmental Policy of the Federal Democratic Republic of Ethiopia. The Policy has been developed as a national instrument enhancing the objectives of the Constitution and setting out clear cut directions with respect to environmental concerns particularly in terms of regulatory measures adopted as well as in the process of design, implementation and operation of development projects. Likewise the Road Sector Environmental Assessment Guideline prepared by the Federal EPA in 2004 will be used during the RAP.

The Federal legislation on Expropriation of Land for Public Purposes & Compensation (Proclamation No. 455/2005) established detail procedures for setting the time limits within which land could be acquired after a request is received from a proponent, principles for assessment of compensation for properties on the land as well as for displacement compensation. This Proclamation will be referred to for this RAP as it is vested with the power to expropriate rural or urban landholdings for public purposes.

5. Legislation on Expropriation of Land and Compensation

According to the Federal Legislation on Expropriation of Land for Public Purposes & Compensation (Proclamation No. 455/2005), the power to expropriate landholdings mainly rests on woreda or urban administration authorities. Article 3 (1) of the Proclamation states that a woreda or an urban administration shall, upon payment in advance of compensation in accordance with this Proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.” Under Proclamation No. 455/2005, the responsibility of a proponent of a proposed project does not extend beyond the payment of compensation for properties and displacement. In other words the displaced people need to seek resettlement options in the framework of land administration systems of the relevant rural or urban land administration. In addition, the Proclamation deals with determination of compensation having articles on the basis and amount of compensation, displacement compensation, valuation of property, property valuation committees, complaints and appeals in relation to compensation. As per this Proclamation, a landholder whose holding has been expropriated shall be entitled to payment for compensation for his property situated on the land for permanent improvements he made to such land, and the amount compensation for property situated on the expropriated land shall be determined based on replacement cost of the property. For houses in urban areas, the amount of compensation should not be less than the current market value of construction. In addition to the amount of compensation for the property expropriated, the Proclamation also gives a provision for cost of removal, transportation and erection. Proclamation No.55/1993, article 5. 2(k), states that ERA shall use, free of charge, land and such other resources and quarry substances for the purpose of construction of highways, camps, storage of equipment

Page iii Techniplan and other required services, provided, however, that it shall pay compensation in accordance with the law for properties on the land it uses. The Right‐of‐Way (ROW) is the land allocated and preserved by the law for the public use in road construction, rehabilitation and maintenance work. Thus, property within those limits could be removed/demolished by the road authority. 6. Eligibility Criteria The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual and AFDB Involuntary Resettlement Policy. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation. All PAP and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their loses (permanent or temporary) at replacement cost. All PAPS, legal and illegal, are taken into consideration and accounted for. Also due compensation will be paid for public utilities, telephone and electricity poles as well as water pipes. Compensation, both small and large amounts, will be paid either in cash or by cheque, following the agreement with the individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs. The cut‐off date for compensation eligibility has been set at 30 November, 2012. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. The compensation principles for various affected population groups are given in the table 8.1

7. Institutions for implementing the RAP The overall responsibility for the RAP implementation is vested to the RAP Committees that would be established at the woreda, town municipality, and kebele levels. ERA in collaboration with the woreda administration will establish the RAP Committees. The RAP committees will comprise of representatives from sector offices, representatives from project affected persons (PAPs) and the ERA right‐of‐way agent. Relocation and compensation will be the major responsibility of the RAP Committees. To this end, the RAP Committees will prepare a practical relocation and compensation schedule. Funds for payment of the compensation will be made available by the ERA through the ROW unit. The RAP Committees will prepare monthly and quarterly progress reports which will be delivered to the Resident Engineer office, ERA ROW unit and the woreda administration. 8. Monitoring and Evaluation of the RAP process Internal and External monitoring and evaluation process have been designed as an integral part of the RAP with the objective of ensuring the RAP implementation complies with the recommendations set out in the RAP. Internal monitoring activities will be handled by the Environment Management Unit (EMU) of the Resident Engineer office. The EMU will inspect and supervise the RAP implementation on day to day basis and capture the progress in the monthly and quarterly progress reports, which are submitted to ERA. External Monitoring will also be conducted by an independent consultant who will be hired by ERA. The independent consultant will monitor and evaluate the RAP by adopting the set of process and output indicators listed in Section 12.4. Finally ERA monitor and evaluate the RAP in consultation with the Resident

Page iv Techniplan Engineer, the independent consultant and if necessary with Woreda/Municipality/kebele administration offices and the PAP by adopting the process and output indicators.

9. Grievance Redress Mechanism In case a dispute arises between the RAP team and project affected persons the preferred option of dispute settlement is through amicable means. This will save time and resources as opposed to taking the matter to court. To ensure that the PAP have avenues for redressing grievances related to any aspect of land acquisition and resettlement, procedures for the redress of grievances has been established for the project. The objective is to respond to the complaints of the PAP speedily and in a transparent manner. The mechanism is designed to be easily accessible, transparent and fair. In order to ensure that the interests and assets of the affected enterprises and individuals are not invaded or damaged, grievances and appeals are to be addressed through arbitration procedures.

Arbitral tribunals will be formed in Adami tulu, Dugda, Borra, Lome, and Liben Woredas and will settle disputes arising in the respective kebeles. The arbitral tribunals will be established from the outset instead of leaving the appointment of the arbitrators to the disputants. This is the preferable option since it might take a lot of time to appoint arbitrators if left to the disputing parties. If any of the parties disagrees, the aggrieved party has the right to appeal to the ordinary courts.

10. Public Consultation and Community Participation Public consultation plays a key role in enabling the public to participate in the planning of projects. At the beginning of the preparation of this RAP, there have been several public consultations and participation briefings and meetings, which have taken place with the project affected people (PAP), local communities and government personnel.

The public consultation process has been carried out based on the objective of ensuring that stakeholders' concerns, experiences and recommendations are integrated in the RAP, increasing public awareness and understanding of the project, and enhancing the RAP through the support and direct involvement of the stakeholders. Consultations were undertaken in the months of August 2012 to November 2012. Information was communicated and opinion of the affected people recoded.

The definition of “fully affected and partially affected” HHs was agreed upon before the commencement of the survey in order to clearly distinguish the impact on people by the road project. The definition was applied during the survey and during discussion with PAP and other stakeholders as follows:

Fully Affected: In this case almost all the plot area is taken and the PAP cannot re‐establish herself/himself in the remaining compound area, since the former use and practice of the houses is no longer possible. These HH will receive full compensation to rebuild new houses, compensation value (inconvenience cost) and compensation for income restoration during construction and transfer for loss of business.

Partially Affected: Partially affected households will be able to continue living and working within their present plot without any need of relocation to a new plot of land. The partially affected households could lose their housing facilities fully. In other cases they could lose part of their buildings while part of their building is not affected. In either of the cases, the partially affected households will be compensated for the part of houses which will be affected by the project, and they will re‐construct buildings in the remaining plot area of their present compound.

Page v Techniplan Special situation In the special/rare case you mentioned “a house which has been fully affected and yet the land holding is still available “the PAPs relocation to a new site Vs staying in the same plot depends upon the remaining plot size and the interest of the PAP. If the remaining area of the compound is adequate to construct the same size of the demolished house and the PAP decides to stay in the same site, then the woreda/town will not provide new land to the PAP. In almost all cases PAPs prefer to stay in the same site if remaining area of compound is adequate. If the PAP decides to be relocated to a new site given by the woreda/town. In both cases the PAP is “Fully Affected”, because despite of either preference the PAP is entitled to receive land from the woreda/town.

During the field survey, public consultation meeting were held with local officials. Major outcomes include:

• List of PAPs within the ROW of the project has been identified in the presence of local administrative officials, public representatives and professionals. The consultant had given the full list of PAPs to each respective body in towns and villages. • Local authorities had agreed on the cut‐off‐date of 30 November 2012. They agreed to take precautionary measures to prohibit new construction close to the right of way. • The local authorities had been requested about the availability of lands for those who would be displaced and resettled. They all agreed to make their best to provide land for resettlement of fully affected households. • Local authorities had been informed about their role in monitoring the proper usages of compensation payments, especially in restorations of livelihoods. They all agreed to encourage and help the affected people to properly use the compensation. Local authorities agreed to extend the necessary support to allow these segments of the community rebuilding their residences and restoring their livelihoods.

11. Potential Social Impacts The following points reflected the general opinion of the consulted communities and stakeholders on the various positive and negative aspects of the project

Positive Impact - Construction of the road will enhance agricultural development as the local people will be encouraged to produce more because of the opportunity to have easy access to markets; - The road will solve administrative and security problems as government officials will have easy access to the areas; - It will reduce travel time to woreda towns; - It will increase non‐ agricultural employment opportunities for local communities; - It will improve access to market, health and school facilities; - It will enhance transportation service for the new import‐export corridor via Moyale

Negative Impacts With regard to negative impacts, the following points were raised by the consulted groups: - Loss of farmland on temporary and permanent basis because of possible realignment, detour, quarry sites, access roads and campsites; - Demolishing of housing units including permanent property in residential areas;

Page vi Techniplan - The implementation of the road will result in the spread of commercial sex, HIV/AID and other communicable diseases in the project areas. - The implementation of HIV/AIDS program requires budget of Birr 3 million

Mitigation measures With regard to mitigation measures, the points emphasized by the consulted groups include: - Appropriate compensation for PAPs; - Promote the local community’s participation in project activities with a sense of responsibility; - Affected persons and local administrations should be informed for physical and psychological preparation before the commencement of construction; - Priority should be given to local community for employment opportunity; - Community representatives should be included in the committee to be formed for facilitating compensation and reconciliation if any conflict arises between the project and the community; - The negative impacts of HIV/AIDS can be minimized by changing people’s behavior, changing the conditions of the affected people’s behavior and by creating an enabling environment that prevents the spread of HIV/AIDS.

12. Persons Affected by the Project at 70 meters ROW (Lot 1 Project) The field survey showed that 2,479 owners of properties will be affected by the project road (Lot 1). Among the PAPs the majority (82.5 %) are male headed households, 16.7% are women headed households, and 0.8% are institutions (public and government).The total family members of the project affected households are 16,280 out of which the majority (51.3%) are male and the remaining (48.2%) are female. Appendix 1 provides the names of the heads of households and institutions identified during the field survey.

13. The Socio‐economic Profile of the Affected Households

The overwhelming majority of the affected HHs (98.9) are reported to be farmers. This is a trend to be expected in all woredas since the whole project road is aligned in rural areas. The remaining 1.1% comprises housewives, government employees, students. The ethnic background of the of the affected HHs shows that(89.6%) belong to the Oromo ethnic group followed by the Amhara (6.8%) and persons with SNNP ethnic background (2.3%) and the minorities (0.4%)with Tigray background. The PAPs belong to three major religion groupings; those that profess Ethiopian Orthodox Christianity make 85.7%, Muslim HHs (10.8%) while 2.8% of the affected population follows the Protestant faith. The HHs reported to be married constitute (80.2%) while 15.7% have dissolved their marriages mainly by widowhood (14.5%) and in rare cases by divorce (1.2%). The Literacy level of the affected HHHs is low in that (59.4%) of them are illiterate. The proportion of the HHHs that posses the basic skill of reading and writing comprises 24.7% and the HHHs that have attended primary and secondary education are (13.6%). HHHs with college background constitute only 0.4%.

14. Houses and Fences Affected at 70 meters ROW (Lot 1 Project) During the field work, the affected properties within the 70 meters ROW have been assessed. The findings showed that the project would affect 247 housing units (42014.65 square meters) distributed over the 5 woredas. Out of the total affected house area the majority (187) are made from Tukuls (36707.09sqm), followed by 47 Mud Wall Houses with Corrugated Sheet Roof (MWCS) (3995.7sqm), 5 houses made of

Page vii Techniplan Hollow Cement Bock (HCB) (57.13sqm) and 8 made of Mud Brick wall (MB) (1254.73sqm). 98206 meter of vegetation and wood fences will also be affected.

15. Fully and Partially Affected Households (Lot 1 Project) Fully Affected: Fully affected households face a situation in which almost all the plot area is taken; hence, the PAP cannot re‐establish the former use and practice of the houses in the remaining compound area. In the project area among the total 247 households affected, 122 households will be fully affected. These HH will receive full compensation to rebuild new houses, compensation value (inconvenience cost) and transfer for loss of business. Partially Affected: Based on the field assessment, among the total 247 households affected, 125 households will be partially affected by the project. These partially affected households will be able to continue living and working within their present plot without any need of relocation. Thus, they will be compensated for the houses affected by the project.

16. Farm Area Affected at 70 meters ROW (Lot 1 Project)

The findings of the fieldwork showed that the project road will affect a total of 676.48ha of strips of annual crop land. The main social impacts of the road project on crop land occurs in Dugda (199.2ha), Bora (188.9ha), Lome 182.6 and Adami Tulu (82.3ha). In Liben, the affected cropland is 23.3 ha. This shows that the adverse impact of the project in terms of expropriation of cropland is most sever in Dugda, Bora, Lome and Adami Tulu woredas.

17. Electricity and Telecommunication properties Affected (Lot 1 Project)

The project road will affect 76 electricity and 4 telecommunication poles (Appendix 2).

18. Impact of the Project on Trees at 70 meters ROW (Lot 1 Project)

In addition to farmland there are also eucalyptus trees within the ROW along the road alignment. It is estimated that a total of 15,110 eucalyptus trees will be affected by the project.

19. Budget Requirement for RAP (Lot 1 Project)

The total budget requirement for compensating the affected properties has been estimated to amount to ETB 215,824,098.35. The costs include compensation for affected houses, relocation and implementation of M&E as well as 15% contingency (Table 3).

Table 3: Summary of Total Budget Requirement

Item Description Budget

Compensation for affected houses 29,934,268.00 Compensation for affected fences 19,641,200.00 Compensation for affected farm area 133,499,381.00 Compensation for affected trees 4,228,280.00 Compensation for affected tele & electric poles 40,000.00 RAP implementation and M&E budget 330,000.00

Page viii Techniplan Sub‐Total 187,673,129.00 Contingency (15%) 28,150,969.35 Grand Total 215,824,098.35

19.1. Compensation for affected houses The total budget requirement for compensating the affected houses has been estimated to amount to ETB 29,934,268.00. In particular ETB 4,794,840.00 will be allotted for Mud Wall Houses with Corrugated Sheet Roof (MWCS); ETB 23,565,952.00 for Tukul; ETB 1,504,920.00 for houses made of Mud Brick wall (MB) (1273.73sqm); ETB 68,556.00 for Hollow Cement Block(HCB) houses, and ETB 19,641,200.00 fence. Valuation method is provided in Section 9.

19.2. Compensation for Affected Farmlands The 676.48 ha farmlands affected by the project road will be paid at the rate of Birr 19,735.00 for one hectare of farmland per year (Birr 197,350.00 per hectare per 10 years). The total budget requirement for compensating farmlands affected by the road is estimated to be ETB 133,499,381.00. Valuation method is provided in Section 9.

19.3. Compensation for Eucalyptus Trees An estimated 15,101 eucalyptus trees will be affected during the project road construction. The compensation budget requirement for the affected eucalyptus trees is estimated to be ETB 4.23 million at the rate of ETB 280 per tree. The calculation of the compensation rate for eucalyptus trees takes into account the proliferation of stems in the coming 10 years (refer to Section 9).

19.4. Compensation for electric and telecommunication poles The total budget required for relocating the affected 80 poles will be ETB 40,000.

19.5 Monitoring Cost

In the affected woredas Five RAP Committees (one in each woreda) will be established, with the overall responsibility for the coordination, monitoring and reporting of the RAP implementation. Budget requirement for monitoring the RAP is estimated to be ETB 330,000.

20. Disclosure

The Resettlement Action Plan will be officially disclosed through the Oromia and SNNRS Radio and TV Programs, by ERA. The Oromia and SNNR radio and TV programs are widely followed in the project area. Later on copies of the detailed RAP will be distributed to local councils and the displaced persons in a form, manner, and language that are understandable to them. In addition, the RAP will be disclosed through the Federal Government media, namely the Ethiopian Television and Radio and the Ethiopian Herald and Addis Zemen newspapers. The executive summary of this RAP will also be posted on ERA’s official web site.

Page ix Techniplan Table 4: Implementation Schedule

YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 No MJJASONDJ FMAMJJ ASONDJ FMAMJJASONDJ FMAMJJ ASOND 1 PRECONSTRUCTION PHASE 1.1 ERA submits the RAPS budget to MoFED 1.2 ERA Reviews and submits the RAP to AfDB for review 1.3 Approval for RAP by the AfDB 1.4 Establishement of Rap- Implementing committee (IC) 1.5 Tendering and Award of design and supervision contracts 1.6 Conduct a right-of-way survey 1.7 ROW Report and detailed drawings showings project land acquisition requirements submitted to ERA 1.8 Detailed drawings mains services relocation requirements submitted to service provides 1.9 Implementation of RAP 1.1 Conduct a one day workshop for the IC members and local authorities concerning the process and responsibility 1.11 Confirm compensation and rates and relocation options through consultation with RAP IC and the Woreda counciles 1.12 Payment of Compensation 1.13 Provision of land 1.14 Construction of new houses 1.12 Installation of utilities for PAPs (electricity, and telephone) 1.13 Relocation of public utilities (electricity, and telephone by service provides) 2 CONSTRUCTION PHASE 2.1 Procurement process (Tender and award for construction) 2.2 Mobilization of the contractors 2.3 Land/property exproriation process during construction

2.4 Site clearance inspection and certificaion on completion of the works 3 MONITORING AND EVALUATION

Page x Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

1 Description of the project

1.1 Background The existing Mojo – Hawassa road is providing service for slow and fast moving vehicles, mixed motorized and non motorized users, trekkers, cyclists and animal driven carts. As a result the road operates much below the design speed, and shows a high rate of accidents in both urban and rural sections, with loss of human lives and resources. Congested traffic in urban sections also results in a high level of pollution from poorly controlled exhaust gases. The Ethiopian Road Authority (ERA) has planned to provide four lane dual carriage way parallel to the existing Mojo‐Hawassa road to provide a long lasting solution to the present rapidly evolving problems, and at the same time to contribute to the economic development of the country through improved road infrastructures. The traffic flow on the project road has manifested a marked increase over the last eight years with average annual growth rates between 11 and 13%. Furthermore, the traffic trend and transport demand study foresees a significant increment of traffic in the coming years, which cannot be accommodated by the existing road. The traffic volume projection for the year 2030‐34 showed over 10,000 as compared to the present average 3,000AADT. Higher traffic in urban centers and non motorized traffic with animal driven carts between towns is expected to create congestion and a dangerous traffic mix. Besides that, it is part of the Trans‐African Highway n°4, the Cairo‐Gaborone‐Cape Town highway, the longest amongst the Trans‐African highways, covering a total of more than 10,000km and linking, within its central part, Addis Ababa with Kenya and the port of Mombasa. The Kenyan section, from Moyale to Isilo and Nairobi, is under rehabilitation and thus the rehabilitation of the Ethiopian part will complete the upgrading/rehabilitation of the link Addis‐Mombasa. The Mojo – Hawassa road project is a continuation of Government efforts to improve the standard of Trans‐East African Highway as a member of COMESA countries and its import‐export corridors to minimize the cost of its transit traffic. Quite significant national and international tourist flows use the road to visit important tourist attraction sites in SNNPRS and ONRS; the known destination are ASLNP and generally the lakes strip that include Hawassa, Ziway, Shalla, Langano and Abyata. The proposed road project will give momentum to the already accelerating tourism industry. During the ESIA survey (Phase I), the community discussed the possible alternatives to improve the Mojo ‐ Hawassa road link. The options consisted of whether to upgrade the existing road or create a new alignment. Out of the two options the upgrading one is not favored by the public. The local community chose with the anticipation of a higher positive impact stemming from the new separate alignment in terms of improved access and opportunities for development of businesses. The majority (about 60%) of the new alignment, however, traverses in smallholders crop cultivation land, hence productive agricultural land take and subsequent effects on people livelihood is the entailed adverse impact. During Phase II the Design Consultant identified three alternative options. They vary significantly in technical parameters. A comparative analysis was carried out on these options to facilitate the Client’s evaluation and decision. The comparison of the alternatives is summarized in Table 1.1 below. Based on this assessment the preferable alternative was found to be Option 2 “New Dual Carriageway Highway” which stood better on a number of evaluation criteria and was eventually approved by ERA.

Page 1 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan Table 1.1 Alternative options features OPTION 2 –New Dual Carriageway Option 3 – Upgrade of existing road to Main Project Features OPTION 1‐ New Toll Expressway Highway dual carriageway standard Design Parameters Design length 210.92 km 209.72 km 205.88 km Carriageways 2 2 2 2x3.65m + paved shoulder 2m, unpaved 2x3.65m + paved shoulder 2.5m, Lanes per carriageway 2 x 3.65 + 3 m emergency lanes 0.5m unpaved 1.0m Median width 3 m 1.5 m 1.5 m Pavement Layer 1 Asphalt concrete layer treated in 2 layers: 50mm dense mix asphalt surfacing, 90 ÷180 mm DBM ‐ 50mm of dense mix asphalt surfacing Layer 2 Crushed rock base course (250 mm) ‐ 150 mm of dense bituminous macadam Layer 3 Gravel sub‐base course (from 200 to 360 mm) ‐ 150mm min. crushed rock subbase First 8 km & from km 18 to 23 at foundation: improved subgrade (upper layer 150 mm – lower ‐ improved subgrade where necessary Layer 4 layer 450mm) Interchanges 8 (grade separated) 7 (at grade) Urban Centres Bypasses n.a. n.a. 7 bypasses, total length 73km No 26 ‐ total span m 1,261 ‐ total surface 26,603 No 13 – total span m 1,261 – total deck 13, of which 10 new and 3 rehabilitated Bridges m2 surface 11,485 m2 and 4 foot bridges Tikur Wuha multiple culvert Total length 38 m – 7 boxes Total length 38 m – 7 boxes n.a. No. 43 – Total length minimum 1,354 m No. 20 Underpasses for roads No. 43 – Total length minimum 1,720 m (roads and paths) (roads and paths) Underpasses for paths No. 39 – Total length 1,521 m None none Overpasses bridges No. 14 – Total length 560 m None none Railway under pass No.1 – length 40 m None n.a. Link roads flyovers No. 6 ‐ Total length 420 m None none Ramp overbridges at interchanges No. 8 ‐ Total length 560 m None none Major culverts No. 11 No. 11 No.2 Total construction & compensations cost with Flexible Pavement 1,082 USD million 647 USD million 485 USD million with Rigid Pavement 1,186 USD million 741 USD million 578 USD million Cost per km (flexible pavement) 5,130,580 USD/km 3,086,210 USD/km 2,356,210 USD/km Traffic Existing Road ‐ Traffic in 2010 AADT 3,634 ‐‐ M.ESA 2.88 ‐ Traffic growth rate 2003‐2010 10.6% per year Traffic projections ‐ Traffic growth rate 2010‐2036 9.3% per year 9.4% per year 9.5% per year ‐ Expected traffic in 2026&2036 AADT 8,698 –20,981 AADT 11,750 – 28,324 AADT 17,159 – 39,186

Page 2 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

This RAP is undertaken for the selected new dual carriageway highway option, for which a nominal right‐of‐ way width of 70 m was adopted. A brief description of the selected option is given below. Option 2 plans the realization of a new dual carriageway highway on the same alignment of the expressway. The highway will comply with all geometrical standards of the expressway so that in future the transformation into an expressway will require some ancillary works and no demolition/replacement of works. The access to the highway will be free from any of the crossed roads. The dual carriageway highway will have two carriageways of 7.30 metres (plus shoulders) separated by a median of 1.5 meters, and will have at grade intersections with the existing roads and adequate link roads to connect to the major urban centers. The highway has a total length of 92.5 km. The route starts from the existing Addis Ababa‐Adama road (515487, 948066), and ends at the southern exit of Zeway town. Main features of the new highway are outlined hereafter. Roundabouts. Junctions in the form of roundabouts have been included to ensure smooth interface with the six main crossed roads. The through‐flowing highway vehicles will be given priority over transversal secondary traffic. With such solution, the design speed of the highway will be protected, while guaranteeing optimal safety at crossing level. The location of junctions is tabulated below.

Table 1.1: Location of Junctions distance from distance to Ref. No. type chainage ref. to plan Nearby towns previous km next km 1 Roundabout 0+000 ‐‐‐ ‐‐‐ 15.93 Mojo 2 Roundabout 15+934 MA/OP3/PP/05 15.93 24.67 Ejersa 3 Roundabout 40+610 MA/OP3/PP/11 24.67 3.74 Alemtena 4 Roundabout 44+350 MA/OP3/PP/12 3.74 16.15 Alemtena 5 Roundabout 60+500 MA/OP3/PP/17 16.15 27.45 Meki 6 Roundabout 87+950 MA/OP3/PP/24 27.45 28.27 Ziway

Link roads. The roads intercepted by the highway will be improved in the direction toward the nearest towns, in order to offer the users a similar level of service as that of the highway. The design speeds over the upgraded transversal roads range from 90 to 120 km/h. accordingly; ERA’s DS2 standard has been applied. Additional link roads have been introduced for towns which are not already connected to the new highway through an existing road. As extensions of the expressway these connections should have similar geometric characteristics and provide the same level of service say with design speeds of 120, 100 or 90 km/h. accordingly, as said, the DS2 standard of ERA has been assumed.

Table 1.2: Roads crossed by the highway with roundabout prioritized junctions Roads crossed by the highway Towns served 1 Existing Mojo ‐ Hawassa Koka 2 Existing Mojo ‐ Hawassa Ejersa 3 Meki ‐ Dugda Meki 4 Ziway ‐ Butajira Ziway

Page 3 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

Advantages of the new dual carriageway highway include: (i) Best service level/cost ratio. (ii) Good economic return on investment (IRR higher than 15%) able to stay higher than the feasibility threshold in case of significant traffic reduction. (iii) Highest share of benefits accruing to road users as compared to Options 1 and 3 due to lower road tax. (iv) Possible transformation of the highway into an expressway by addition of some ancillary works and without any demolition and replacement of initially constructed works. (v) Medium reduction of VOCs (Vehicle Operating Cost). (vi) Medium TTSs (Trip Time Saving). (vii) Good level of riding quality. (viii) Sufficient safety level. (ix) Greater number of motorists using the new infrastructure (as compared to Options 1 and 3). (x) Acceptable level of traffic congestion. (xi) Medium efficiency of energy use. (xii) Medium reduction of gas emissions. (xiii) Excellent socioeconomic impact on local communities due to the free access to the new highway from all crossed roads. (xiv) Concerning the selection of the pavement type, the flexible pavement shows a better cost‐effectiveness. Main disadvantages include: i) Medium construction and maintenance cost. (ii) Economic return on investment (IRR) sufficient but just enough to stay higher than the feasibility threshold in case of significant traffic reduction. (iii) Insufficient revenue from road tax (Vignette proceeds) to finance the totality of maintenance cost. (iv) Moderate cost for the addition of the third lane. (v) Moderate level of land expropriation. (vi) Light adverse impact on local flora and fauna

1.2 Project Location The proposed road project starts at Mojo town in Oromia National Regional State (ONRS) and terminate at Zeway. The road corridor traverses five administrative weredas in the ONRS (Lome, Liben, Dugda Bora, and Adami Tulu Jido Kombolcha,). Table 1.3 shows administrative regions and towns along the road project corridor, and Figure 1.1 shows the road project location map. Table 1.3 Administrative zones and towns along the project road Zone Weredas area (km2) Towns Lome 709 Mojo, Ejersa, Koka Misrake Shewa Dugda Bora 508 Alem Tena, Meki Adami Tulu Jido Kombolcha 1,269 Ziway

1.3 Scope and Objectives of the RAP The main purpose of this Resettlement Action Plan (RAP) is to identify adverse social impacts caused by the road project and to suggest mitigation measures and procedures to be followed. Assessment was undertaken on the basis of the adopted 70 meter wide ROW, with the objective of quantifying and valuing the impacts on the local people and properties in order to propose adequate measures to compensate the adverse impacts.

1.4 Methodology Onsite visit to the road influence area and relevant administrations was made from August 2012 to November 2012, during the field visit relevant local offices were also contacted and important secondary data collected. The field survey allowed collecting primary as well as secondary data of the environmental and socio economic setting of the road project influence area. For the preparation of this resettlement action plan the following conventional sociological and socio‐ anthropological methodologies have been adopted. All the necessary documents were reviewed during the

Page 4 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan deskwork study period. Environmental impacts due to the proposed road project were surveyed and identified during the field work. Necessary data were collected on the field, from appropriate sources and from other sector studies of the project. Consultations with administrators and local people were made to assess local interests and existing problems. A review of pertinent policies and guidelines was made to abstract data and information useful for the study.

1.4.1 Data Collection, Consultation and Environmental and Social Impact Assessment a) Review of relevant previous studies and policy document Prior to conducting field surveys for data collection and public and stakeholders consultations, relevant national as well as regional environmental policies, laws and regulations that govern environmental protection requirements including EIA of development projects have been gathered and reviewed. Furthermore, the 2007 Census Report published by the Central Statistical Agency provided important information of population and demographic figures of the project area. All important population and demographic figures were extracted from the 2007 Census Report and combined with the data collected during the field investigations to describe the baseline condition.

b) Field survey and data collection Onsite visit and survey along the proposed project road route & influence area and relevant administrations was made in August 2012, and during the field visit relevant local offices were also contacted and important secondary data collected. Primary and secondary data on the environmental and socio‐economic setting along the project route and influence area were collected during the field survey. The site survey and investigation focused on measuring and quantifying affected land and other properties as well as collecting basic data on the profile of the PAPs.

c) Consultation with ERA’s professionals The Planning and Programming Management Directorate, Environment and Social Management Team and Central Region ROW Management teams were consulted with the particular purpose of acquiring information on ERA’s new organization chart and get a clear picture on different organs roles and responsibilities regarding the RAP.

d) Consultation with the public and other stakeholders Public consultations at community level were carried out during the field visit with representatives of the affected communities from kebeles traversed by the road in all five woredas through formal meetings and public gatherings, focused group discussions and also through informal meetings held with different sections of the community. (for details refer to Appendix 3) Stakeholders’ consultations were held with government officials, sector office heads in each of the woredas, elders, women representatives, Kebele administrations, Woreda experts and professionals from various sectors along the road route. (for details refer to Appendix 3) Relevant secondary data and documentation on previous studies were gathered from various regional and woreda level government offices. The offices contacted comprise Woreda Administrations, Agriculture and Rural Development Bureaus, Land and Environmental Protection Authorities, Water Resources Development Bureaus, Finance and Economic Development Bureaus and Health Offices including Sustainable Environmental Protection institutions.

Page 5 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

2 Impact of the Project The following points reflected the general opinion of the consulted communities and stakeholders on the various positive and negative aspects of the project Positive impacts - Construction of the road will enhance agricultural development as the local people will be encouraged to produce more because of the opportunity to have easy access to markets. - The road will solve administrative and security problems as government officials will have easy access to the areas. - It will reduce travel time to woreda towns. - It will increase non‐ agricultural employment opportunities for local communities. - It will improve access to market, health and school facilities.

Negative Impacts With regard to negative impacts, the following points were raised by the consulted groups: - Loss of farmland on temporary and permanent basis because of possible realignment, detour, quarry sites, access roads and campsites; - Demolishing of housing units including permanent property in residential areas; - The implementation of the road will result in the spread of commercial sex, HIV/AID and other communicable diseases in the project areas;

Mitigation measures With regard to mitigation measures, the points that were emphasized by the consulted groups include: - Appropriate compensation for PAPs; - Promote the local community to participate in project activities with a sense of responsibility; - Affected persons and local administrations should be informed for physical and psychological preparation before the commencement of construction; - Priority should be given to local community for employment opportunity; - Community representatives should be included in the committee to be formed for facilitating compensation and reconciliation if any conflict arising between the project and the community; - The negative impacts of HIV/AIDS can be minimized by changing people’s behavior, changing the conditions of the affected people’s behavior and by creating an enabling environment that prevents the spread of HIV/AIDS; Uncertainties in this impact assessment:

The principal uncertainties in this impact assessment are related to the nature and extent of site‐ dependent potential impacts associated with ancillary works such as quarry sites; borrow areas, construction campsites, crusher site, etc. Though, the approach taken to mitigate the potential has considered the above mentioned ancillary works, some uncertainty will remain uncertain until specific sites have been known precisely and how the contractor proposes to develop them. The approaches followed in

Page 6 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan this RAP provide an effective means to mitigate and minimize impact that could occur due to unspecified sites dependent activities.

Page 7 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

3 Institutional Organization

3.1 Organizations Involved in RAP Implementation The Adami tulu, Dugda, Borra, Lome, and Liben woreda administration will collaborate with ERA to establish RAP committees in their respective Woredas. In these woredas the RAP Committee should be established at the Woreda administration office, with the overall responsibility for the coordination, monitoring and reporting of the RAP implementation. The RAP committee in the Woreda will comprise of representatives from sectoral offices. ERA in collaboration with the woreda administration will establish resettlement committees at woreda, town municipalities and kebele levels. The RAP committee at the woreda level will comprise of representatives from local governments, representatives from project affect persons (PAPs) and the ERA personnel. The RAP committees at the municipality/kebele level include representatives of municipality/kebele administration and PAPs. Compensation, both small and large amounts, will be paid either in cash or by cheque, following agreement with individual Households. ERA will ensure the disbursements, which will take place in presence of the Compensation Implementing Committee, as well as of the spouse or spouses of the individual PAP. The local authorities will assist ERA in organizing the PAPs in the RAP implementation. Managing of RAP implementation is mainly responsibility of ERA and the local authorities. These ensure close compliance with the approved RAP. The municipality/kebele RAP Committees will provide a practical relocation schedule. They will coordinate and handle any problems encountered in RAP implementation; monthly report on the progress of RAP implementation to ERA and woreda RAP committees, and assist in RAP monitoring and evaluation activities. The Resident Engineer will have overall responsibility for monitoring resettlement implementation. The office will coordinate, inspect and supervise local RAP implementation, and ensure a successful completion of RAP on behalf of ERA. RAP Committees should be established in the Municipality/kebele offices, with the overall responsibility for the coordination, planning and implementation of land acquisition and resettlement activities. Administrative costs are provided to cover some of their costs. The Woreda Administration Office and the PAPs will participate in valuation of compensation, survey of properties and disbursement of compensations.

Woreda RAP Committee (WRC) The Woreda RAP Committee (WRC) is responsible for coordination of all resettlement activities in the affected kebeles. The WRC shall be established at Woreda level in order to address the issues widely spread over the rural kebeles. The WRC shall be constituted by five members as follows: 1. One member from the Woreda Administration (Chair person) 2. One member from Woreda Agriculture Office 3. Two members from PAPs 4. ERA personnel (Secretary)

Page 8 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

Municipality/Kebele RAP Committee (MRC/KRC) The Municipality/Kebele RAP Committee (MKRC) is responsible for coordination of all resettlement activities in its area of jurisdiction. The actual implementation of land acquisition and resettlement work will be carried out by MKRC/WRC & ERA. The KRC shall be constituted by five members as follows: 1. Two members from the municipality/kebele 2. One member from Woreda Administration 3. Two members from PAPs

3.1.1 The Role of ERA The Regional Right‐of‐Way Team, which is under the Central Region Construction Management Directorate, is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrow pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). The Right‐of‐Way Team in liaison with the respective regional/local authorities, Woreda councils, Kebele administrations and community representatives establishes the required compensation for the housing structures and cropland, and effects payments to the project affected people (PAPs). ERA’s Environmental and Social Management Team (SEMT) major responsibilities are setting and implementing ERA’s environmental guidelines in support of the national level requirements. The ESMT holds the capacity of advisory, co‐ordination and supervision on aspects that are pertinent to the road environmental impacts and implication assessment in co‐ordination with the respective ERA district offices. The Planning and Program Management Directorate of ERA has to carry out all necessary preparation so that the environmental management activities are scheduled during the Pre‐construction Phase. The activities include: • Implementation of the necessary resettlement/compensation measures, • Relocation of public utilities like electric and telephone poles, and water supply pipelines.

3.1.2 Roles of the Funding Institutions The funding institution advises the borrower on its requirements. It reviews the findings and recommendations of the RAP to determine whether they provide an adequate basis for processing the project for financing. The funding institution also ensures public disclosure of the RAP in the borrower’s country in a local language and at a public place accessible to project‐affected groups and local NGOs prior to appraisal. Moreover, it makes sure that the ARAP is disclosed on its web site. During the implementation phase, the funding institution periodically sends its Task Team/Expert who would supervise the proper implementation of the ESMP and the RAP and advises the Project Proponent, in this case ERA, on what improvements, if any, should be made towards achieving the environmental protection objectives. Thus, the funding institution makes sure that its safeguard policies are complied with and that at the end the project achieves the environmental protection objectives.

Page 9 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

3.2 Compensation Procedure In line with Article 1478 of the Civil Code and as provided in the policy framework, all compensation will have to be effected ahead of the civil works. ERA will establish compensation committees in the towns comprising of representatives from local governments, representatives from project affect persons (PAPs) and the ERA right‐of‐way agent. Institutions and individuals responsible for the implementation of compensation have been defined in Section 6 above. In general managing RAP's implementation is the main responsibility of ERA and the local authorities. Relocation and compensation will be the responsibility of the committee. To this end, the Implementing Committee will prepare a practical relocation and compensation schedule. During the stage where actual compensation will be executed all form of compensations will be accomplished after ascertaining that the proper owners of the assets are identified by cross checking with this RAP. Funds for payment of the compensation will be made available by the facilitating ERA ROW Team. Compensation, both for small and large amounts, will be paid either in cash or by cheque, following agreement with individual PAP’s. ERA will ensure disbursements, which will take place in presence of the Compensation Implementing Committee as well as of the spouse or spouses of the individual PAP.

3.3 Vulnerable Households At the time of implementing the compensation and the resettlement action plan of the project special attention, support and care will be given to female‐headed households and to the elderly. The support will be made in rebuilding their houses, transferring and transporting their household items and materials to the newly constructed residential houses or houses used for business purpose. Even though it may be difficult to quantify the support provided in monetary terms, this supports has to be considered as one form of “social compensation” for both the female‐headed households and elderly.

3.4 Grievance Redress Mechanism In case disputes arise between the RAP implementation committee and project affected persons the preferred way of settlement is through amicable means. This will save time and resources as opposed to taking the matter to court. To ensure that the PAP have avenues for redressing grievances related to any aspect of land acquisition and resettlement, procedures for the redress of grievances should be established for the project. The objective is to respond to the complaints of the PAP speedily and in a transparent manner. The mechanism is designed to be easily accessible, transparent and fair. As far as possible, the objective will be to avoid the need to resort to complicated formal channels to redress grievances. It is considered that by resolving grievances within the projects administrative structures, not only will the process be more effective and efficient but also the progress of the project implementation is less likely to be affected. In order to ensure that the interests and assets of the affected enterprises and individuals are not invaded or damaged, grievances and appeals should be addressed through arbitration procedures. This in line with the Ethiopian law (see Arts. 3325‐3336 of the Civil Code) that permits when dispute arises between the

Page 10 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan principal parties ‐ in this case mainly between RAP implementation committee and the project affected persons ‐ arbitration to be the preferred means of settlement. Arbitral tribunals will be formed in Adami tulu, Dugda, Borra, Lome, and Liben Woredas and will settle disputes arising in the respective kebeles. The arbitral tribunals will be established from the outset instead of leaving it to the disputants to appoint the arbitrators. This is the preferable option since it might take a lot of time to appoint arbitrators if left to the disputing parties. Individual members of the RAP implementation committee should by no means be members of the arbitral tribunal since they have already taken a position. Accordingly, in Adami tulu, Dugda, Borra, Lome, and Liben Woredas the following will be members of the arbitral tribunal: 1. One member from the Woreda Administration 2. Two member from the affected kebeles 3. Two members elected by the PAPs

A. In Urban areas (towns) 1. One member from the Woreda Council‐ Chairperson 2. One member from the Woreda Urban Development Department 3. One member from the Kebele Administration 4. Two members elected by the project‐affected persons from the community where the resettlement/compensation is to take place. These two members must not be directly affected by the expropriation.

B. In Rural Areas 1. One member from the Woreda Council‐ Chairperson 2. One member from the Woreda Agricultural Office 3. One member from the Kebele administration 4. Two members elected by the project‐affected persons from the community where the resettlement/compensation is to take place. These two members must not be directly affected by the expropriation.

In case the dispute is not resolved by the Implementation Committee, then the Committee will revolve to the arbitral tribunal. If any of the Party disagrees, the aggrieved party has the right to appeal to the ordinary courts of law in the region. What should be underlined here is that the preferred option of dispute settlement ought to be finding amicable solution because recourse to courts may take a very long time and even years before a final decision is made and therefore, it should not be the preferred option for both parties concerned. Grievance Resolution Channels for the Project Affected persons are shown in Chart 3.1.

Page 11 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

Chart 3.1: Project Affected Persons (PAPs) grievance resolution channel RAP‐C PRESENTS COMPENSATION PACKAGE TO PAPS

PAPS EVALUATE COMPENSATION

PAP’S DECISION

PAP EXPRESS RESERVATION ON COMPENSATION TO RAP‐C

NEGOTIATION BETWEEN THE AGGRIEVED PAP AND THE RAP‐C

PAP’S DECISION

THE PAP AND RAP‐C FAIL TO AGREE : REPORT TO LOCAL AUTHORITYIES

LOCAL AUTHORITIES ATTEMPT TO SORT OUT THE DISAGREEMENT

PAP’S DECISION

THE PAP AND RAP‐C FAIL TO AGREE : ISSUE OF DISPUTE FORWARDED TO ARBITRAL TRIBUNAL

THE ARBITRAL TRIBUNAL HEARS DISPUTE

DECISION NOT ACCEPTED BY THE PAP AGREEMENT REACHED DECISION

THE PAP ACCEPTS THE PACKAGE

WRITTEN CONFIRMATION & SIGNNITAURE

THE PAP TAKES THE CASE TO THE FIRST INSTANT COURT THE PAP RECEIVES COMPENSATION

Page 12 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

4 Public and Stakeholders Consultation

4.1 Public Consultation As part of social assessment, public consultations were carried out in the study area. Concerned stakeholders including representatives of the local communities, local authorities or administrators representatives of different sector bureaus and offices were consulted, the main reason being: ¾ Disseminate information on the concerned road project among the community; ¾ Identify the attitude of the community towards the project; ¾ Identify the degree of community participation in such development projects; ¾ Identify anticipated project impacts on the socio‐cultural life of the community; ¾ Identify the stakeholders and their specific role in the project activities.

4.1.1 Definition of Fully and Partially Affected Households The extent of the project impact varies from one individual to the other. Some will be affected completely, whereas others will loose part of their compound area while maintaining the possibility to continue living and working in their original location without being adversely affected. The reconstruction of their houses within their previous compound would allow them to live there without moving out of the area. On the contrary some have to be relocated to other places. The definition of “fully affected and partially affected” HHs was agreed upon before the commencement of the survey in order to clearly distinguishing the impact of the road project on the people. The definition was applied during the survey and during discussion with the community and other stakeholders as follows: Fully Affected: Fully affected households face a situation in which almost all the plot area is taken; hence the PAP cannot re‐establish himself / herself and the former use and practice of the houses in the remaining compound area. These HH will receive full compensation to rebuild new houses, compensation value (inconvenience cost) and transfer for loss of business. Partially Affected: Partially affected households will be able to continue living and working within their present plot without any need of relocation to a new plot of land. The partially affected households could lose their housing facilities fully. In other cases, they could lose part of their buildings while part is not affected. In either of the cases, the partially affected households will be compensated for the part of houses affected by the project, and they will re‐construct new building in the remaining plot area of their present compound. Special situation: In the special/rare case you mentioned “a house which has been fully affected and yet the land holding is still available “the PAPs relocation to a new site Vs staying in the same plot depends upon the remaining plot size and the interest of the PAP. If the remaining area of the compound is adequate to construct the same size of the demolished house and the PAP decides to stay in the same site, then the woreda/town will not provide new land to the PAP. In almost all cases PAPs prefer to stay in the same site if remaining area of compound is adequate. If the PAP decides to be relocated to a new site given by the woreda/town. In both cases the PAP is “Fully Affected”, because despite of either preference the PAP is entitled to receive land from the woreda/town.

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4.1.2 Consultation with Communities and local officials Consultations with project influence area residents in general and project affected people in particular have a paramount importance in having smooth field level activities related to the road project task.

A) Consultation with PAPs The majority of the affected population was aware of the project and about the need for resettlement. Photos in Appendix 6 illustrate the consultations conducted at different locations. The consultation revealed a high degree of support for the project among the people as well as people’s concerns on: ™ Receiving fair compensation; ™ Minimizing land acquisition, and ™ Ensuing adequate land allocation and livelihood restoration. During discussions, the consultant's team gave briefings on safeguarding measures that ensure that PAPs receive fair compensation. Some of the issues explained comprise: ™ PAPs will be members of compensation committees; ™ Compensation can only be paid under the written consent of the PAP; ™ There is and there will be grievance mechanisms to help PAPs voice their concern and file their cases. Minutes of public consultation held with the local communities (with translation) are attached in Appendix 3.

B) Consultation with Local Authorities Woreda administration offices, Woreda agriculture and rural development offices, Municipalities, rural and urban kebele administrations, and community leaders will play a very important role in the implementation of the RAP. Major outcomes are summarized as follows: ™ The list of PAPs within the ROW of the project has been identified in the presence of local administrative officials, public representatives and professionals. The consultant has provided the full list of PAPs to each respective body in towns and villages. ™ Local authorities had agreed on the cut‐off‐date of 30 November 2012. They agreed to take precautionary measures to prohibit new construction close to the right of way. ™ The local authorities had been requested about the availability of lands for those who would be displaced and resettled. They all agreed to make their best to provide land for constructions of fully affected households. ™ Local authorities were informed about their responsibilities and commitments during the operational stages for which all agree vehemently. ™ Local authorities had been informed about their role in monitoring the proper usages of compensation payments, especially in restorations of livelihoods. They all agreed to encourage and help the affected people to properly use the compensation.

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5 Socio Economic Environment of the Project Road

5.1 Project Affected Weredas The project road affects the following six weredas found in three zones and two regions. The first stretch of the road is located in Oromia Region, East Shoa zone, in Lume, Bora, and Adami Tulu Jido Kombolcha woredas.

5.2 Demographic Characteristics

5.2.1 Population in the Project Area The total population in the project affected weredas is 704365 out of which the dominant majority (67.3%) lives in the rural areas. Table 5.1 provides the latest information available on population by place of residence and sex projected for the year 2013. Adami Tulu Jido Kombolcha wereda is the most populous wereda followed by Lome, and Dugda woredas. The least populous wereda comprise Bora and Zeway town. Table 5.1 Population data for weredas along the project road Urban + Rural Urban Rural Wereda Both Both Both Male Female Male Female Male Female sexes sexes sexes Lome‐Wereda 150662 71377 79285 57700 22497 35203 92962 48880 44082

Bora‐Wereda 69712 36192 33520 13536 6898 6635 56176 29294 26882

Liben ‐Woreda 76351 39754 36597 2930 1454 1476 73421 38300 35121

Dugda‐Woreda 144910 74561 70349 36252 18873 17379 108658 55688 52970

Meki‐/Town/‐Wereda 43035 22404 20631 43035 22404 20631 ‐ ‐ ‐

Adami Tulu J.K. Wereda 167863 84484 83379 24837 12836 12001 143026 71648 71378

Ziway/Town/‐Wereda 51832 27251 24581 51832 27251 24581 ‐ ‐ ‐

Total Project Area 704365 356023 348342 230122 112213 118909 474243 243810 230433

East Shoa Zone Total 1610072 826649 783423 403887 201220 202667 1206185 625429 580756 Source: Projected population for 2013 from the Census 2007

5.2.2 Sex composition The sex ratio of the affected weredas is 102 which indicate a higher proportion of male population. The distribution of sex ratio among the weredas is uneven. The lowest sex ratio (90) is observed in Lome woreda (rural and urban); while a higher ratio is observed in, Liben, Bora, Dugda and Adami Tulu Jido Kombolcha weredas (including Meki and Zeway towns).

5.2.3 Urban Area Population Table 5.2 shows the population residing in the towns traversed by the project road. The total population of the affected towns is 141578. Zeway is the most populous (45%) followed by Meki and Mojo, which are the capitals of the affected woredas.

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Table 5.2 Population data of towns along the project road Population Name of Wereda/Town Both sexes Male Female Lome‐Wereda Mojo Town (wereda capital) 29,547 14,355 15,192 Qoqa‐Town 4,551 2,397 2,154 Ejere‐Town 1,621 742 879 Ejersa‐Town 3,052 1,456 1,596 Bora‐Wereda Alem Tena‐Town (wereda capital) 11,403 5,811 5,592 Dugda Woreda Meki‐Town (woreda capital) 36,252 18,873 17,379 Adami Tulu Jido Kombolcha‐Wereda Zeway/Batu Town (woreda capital) 43,660 22,956 20,704 Abomsa‐Town 2,411 1,193 1,218 Adami Tulu‐Town 9,081 4,619 4,462 Bulbula‐Town 7,631 4,062 3,569 Jido‐Town 1,800 937 863

Total Project Area Urban Population 141578 72402 69176

Source: Compiled from data obtained from each wereda

5.2.4 Population Density The population density along the project road ranges between 115 to 165 persons per square km in Bora and Lome weredas; 173 persons per square km in Adami Tulu Jido Kombolcha wereda, as shown in Table 5.3. Table 5.3 Crude Population Density for weredas along the project road

Wereda Area sq km Density per km sq Lume 709 165 Dugda Bora 508 115 Adami tulu Kombolcha 1269 173.7 Source: Compiled from data obtained from each wereda

5.2.5 Ethnic composition The population of all affected weredas is heterogeneous by ethnic background. In East Shoa Zone the majority (73%) of the population belong to the Oromo ethnic group, with a minority of Amhara (15%).

5.2.6 Language Consistently with the homogenous ethnic background the population use the language of their own ethnic group. Afan Oromo is the language spoken by the majority population residing in the East Shoa zone affected weredas (69%), followed by Amharigna (24%) respectively.

5.2.7 Religion The majority of the population of the project affected weredas is composed of Orthodox Christians (70%) followed by Muslims (16.2) and Protestant Christians (8.4%). The proportion of followers of other religions is negligible.

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5.2.8 Household size The average household size in the affected woredas is 4.9 persons per household, in urban and rural parts 3.7 and 5.1 respectively. Thus the proportion of small size households is higher in urban areas.

5.2.9 Age distribution In ONRS the age structure is characterized by a high proportion of young individuals, reflecting the high fertility rate. Population below 15 years makes up 43% of the total, and whereas persons above 64 only constitute 3.5%. The proportion of population aged 15 to 64 is 53.5%. Unfortunately differentiated data age distribution data for the project affected weredas was not available.

5.2.10 Dependency ratio The age structure of the population in the project area implies a high level of dependency. Overall dependency ratio for the region is 86.9 with dependency ratios of 80.3 for the young and 6.5 for the old, respectively.

5.3 Education

5.3.1 School Enrolment There are 260 schools in the project affected weredas of which 166 primary schools and 10 secondary schools. In the year 2008 the total students population was 135,248 of which those in grades 1 to 8 comprise the highest proportion (78%) , followed by students in grades 9 to 10 (20%), and 11 to 12 (2%) respectively (see Table 5.4). There are also Technical Vocational Training centers that produce medium level personnel. Table 5.4 No. of schools and students along the project road No of Schools No of students Wereda 1‐8 9‐10 11‐12 1‐8 9‐10 11‐12 Total Male Female Total Male Female Total Male Female Total Lume 40 1 41 12155 10804 22959 2932 1870 4802 Mojo town 6 1 2 9 3,433 3,999 3,433 3,999 7432 409 178 587 Dugda Bora 37 2 39 11470 9990 21460 3332 1940 5272 0 AdamiT.Kombolcha 79 2 81 26070 19750 45820 4037 2284 6321 0 Zeway town 4 1 1 6 4445 4698 9143 1893 1329 3222 624 174 798 Total 166 7 3 176 57573 49241 106814 15627 11422 27049 1033 352 1385 Source: Compiled from data obtained from each wereda

School enrolment rates in the affected weredas have shown very good progress in the last 10 years. In the year 1994 the gross enrolment rate in the project weredas was 48% for grades (1‐4) and 11% for grades (5‐ 8) (CSA 1994). The present gross enrolment rate is above 100% for grades (1‐4) and over 40% for grades (5‐ 8) in all affected weredas. This is the reflection of the high number of schools constructed and of increased educational benefits awareness. On average in the affected weredas the teacher / student ratio has reached 1:50. It has been reported that the issue now is to improve the quality of education The proportion between females and males is more balanced in grades (1‐8) but proportion of female students sharply falls down to around 42% in grades (9‐10) and to 32% in grades (11‐12). This trend is to be attributed to the prevalence of early marriage of females due to cultural reasons.

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5.4 Access to Health Institutions In the project affected weredas there are 96 Health posts, 35 clinics, 11 health centers, and 1 private hospital (refer to Table 5.5). Table 5.5 Health Institutions in the Project Affected Weredas

Wereda Hospital Health centre H/Post Clinics Drug store

Lume 2 36 5 Mojo town 1 7 8 Dugda Bora 2 18 2 1 Adami Tulu 5 42 14 6 Zeway town 1 1 12 8 Total 1 11 96 35 28 Source: Compiled from data obtained from each wereda

Health personnel/population ratios show that the number of qualified doctors is insufficient. At least one clinical nurse and health assistant are available in each health centre or clinic and there are at least 2 community health agents in each kebele. Qualified doctors are available only in private hospitals. Table 5.6 Health Personnel in the Project Affected Weredas Health Health Lab Pharmacy Wereda Doctors nurses extension Sanitarians Total Officer technicians technicians workers Lume 19 2 71 1 7 100 Mojo town 30 3 11 8 4 56 Dugda Bora 10 2 36 2 2 52 Adami Tulu Kombolcha 39 4 91 5 5 3 147 Zeway town 24 4 20 4 3 4 59 Total Source: Compiled from data obtained from each wereda

5.5 Access to Water Resources In the project affected weredas, population has very limited access to potable water supply. Particularly rural households that have access to clean water are very limited, ranging from 60% to 78% (see Table 5.7). Access to unprotected water supply sources is also difficult and the supply level varies significantly by season. Almost all towns traversed by the project road have better access to potable water. Mojo, Koka, Alemtena, Meki, and Zeway, have piped schemes. Table 5.7 Water Supply Coverage in the Project Affected Weredas

Weredas Hand Dug/ Shallow Well Spring Motorized Coverage Lume 44 25 14 78% Dugda Bora 19 1 22 60% Adami tulu Kombolcha 31 12 16 71% Source: Compiled from data obtained from each wereda

5.6 Road Network in the Affected Weredas Community roads length in the affected weredas was 1,319km in 2009. The density of community roads per 1000 sq km is around 119 (Table 5.8).

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Table 5.8 Road Network in the Project Affected Weredas (km)

Weredas Asphalt All Weather Dry Weather Lume 94 161 130 Dugda Bora 19 86 97 Adami tulu Kombolcha 62 570 101 175 817 328 Source: Compiled from data obtained from each wereda

5.7 Electric Power Supply The Interconnected System (ICS) from the national grid reaches 7 towns and villages along the road alignment, which have been supplied with electric power system. These are: Lume woreda: Mojo, Koka and Ejersa; Bora woreda: Alemtena; Dugda woreda: Meki; Adami Tulu Kombolcha woreda: Abomsa, Zeway, Adami Tulu; The rural areas along the route do not have electric supply. There are a few towns with private diesel generators, usually of very small capacity, which run in the evening only.

5.8 Economic Activities

5.8.1 Agriculture The area of influence is characterized by intensive cultivation with low productivity. The shortage of arable land is a key factor, leading to average household landholdings as low as 1.2 ha. In most of the weredas, a large proportion of the households cultivate less than 1 ha of land, which is greater than 0.5 ha of land that represents the minimum requirement to fulfill the food needs of an average household for a year. Virtually all the agricultural production in the project area is rain fed and single season cropping is practiced. Land preparation is carried out by oxen drawing, sowing of most crops is by broadcasting seed, and subsequent cultivation is all done by hand. The farmers mostly grow combinations of crops mainly consisting in cereals, pulses and oil crops in order to achieve food self sufficiency. The total cultivated area in the project affected weredas was 234,365 hectare and the total volume of crop production was around 5.17 million quintals in the year 2009 (refer Table 3.9). In the year indicated about 58,235 ql of chemical fertilizer and 39,833 quintals of improved seeds were distributed to the farmers in the area. Table5.9 Crop Production and Cultivated Land in the Affected Weredas (2009) Cultivated Total Crop Improved Wereda Irrigation Fertilizer Land (ha) produced (ql) seed Lume 45,758 791,903 5465 32799 35797 Dugda Bora 23,258 400,037 Adami tulu Kombolcha 59,403 926,686 4340 8835 1260 128,419 2,118,626 9805 41634 37057 Source: Compiled from data obtained from each wereda

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5.8.2 Irrigation Farming activity Few small holders are engaged in irrigated agriculture using water from the lakes while the others rent out their holdings to operators who use own diesel generators to pump out the water from the lakes. Major irrigation crops around Lakes Koka, Meki, and Zeway comprise onions, tomatoes, cabbage, maize and rarely papaya and water melon. In 2009 the total land under irrigation in all project affected weredas was 9,820 ha (Table 5.9). There is enough market for agricultural outputs from the irrigated sites as production is retailed in close proximity to the major markets (Addis Ababa and Adama).

5.8.3 Livestock rearing Livestock is an integral part of the farming system in the project area and are economically complementary to crop production. It provides fertilizer for crops and, to a lesser degree, it supplies milk, meat, cash income and serve as an investment against risk for rural hoseholds. In times of famine, livestock is sold to purchase food. The livestock population in the weredas traversed by the project road is shown in Table 5.11. The official animal population estimate in the affected weredas amounts to about 636,126, of which 279,912 cattle, 61,228 sheep, 152,630 goats, 2,459 mules, 49,112 donkeys, 1,132 horses, 89,653 poultry and 541 beehives in 2009. This livestock pattern follows the following order: cattle‐goat‐sheep‐donkey.

61% of the livestock population is located in Adami Tulu Jido Kombolcha wereda, while 26% snd 13%are raised in –Lome and Dugda woredas respectively. Table 5.10 Livestock Population in the Project Affected Weredas

Wereda Cattle Sheep Goat Mule Donkey Horse Poultry Beehive

Lume 47049 20953 23580 697 20163 427 51946 Mojo town 566 949 119 92 161 1207 Dugda Bora 25148 14158 12346 792 4822 23572 541 Adami Tulu Kombolcha 207149 25168 116585 970 24035 544 12928 Total 279,912 61,228 152,630 2,459 49,112 1,132 89,653 541 Source: Compiled from data obtained from each wereda

5.8.4 Fishing Lakes like Abjata, Ziway and partly Langano are known for fish production. In the past the production capacity of the lakes was estimated to reach 4,000 tons. Amongst the three lakes fishing is more widely practiced in Lake Zeway. Lake Zeway, 434 km2 surface area) contains indigenous fish species including Oreochromis niloticus and barbus species, and recently introduced species such as tilapia zilli, calarias griepinus, crussian carp carassius and golden carp, Carassius ouratus. Oreochromis niloticus has been the dominant species in the lake constituting over 80% of the fish stock. Fishing in the lake increases from January to March due to the growing demand during the fasting period and to the spawning aggregation of tilapia which becomes more vulnerable to fishing. Lake Zeway can grant a maximum yield of about 3000 ton/yr. The lake fishing ground is used by five fishermen cooperatives.

5.9 Other activities There are a number of private small‐scale business enterprises mainly in the urban centers along the project road: government projects, private sector industrial enterprises, handicrafts and service cooperatives. Small‐scale business establishments include flour mills, brick and hollow block plants,

Page 20 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan tailoring and traditional weaving/knitting establishments. Flour mills make up the major portion of the enterprises, mostly located in rural areas.

5.9.1 Mining Resources There is an abundance of construction materials such as sand in the project area, particularly around lake Koka, Bora woreda and Meki town. These areas are the main supply points of sand to the Addis Abeba construction industry. Currently the production of construction sand takes place in the sites and has become an important mean of income for the community. The potential also exists for a variety of local concrete casting industries, cement block production and brick‐making. The production of construction materials, however, is currently small in scale and localized.

5.9.2 Investment Horticulture and floriculture are fast growing export businesses along the project road mainly in the Lake Ziway Area, located around 165 km from Addis Ababa. The volume of export of these products is growing and currently showing great promise. In fact, as a result of the attention given by the government this sector is attracting a substantial number of investors. Currently several foreign and domestic companies are completing their sites, a large proportion of whom engaged in production and export of cut flowers to the European market. Foreign investors have joined from Europe and Middle East. Lume and Adamitulu Kombolcha woredas are the most important spots for the expanding investments in the project area. New and operating projects in Lume and Adamitulu woredas are summarized below. A. Adamitulu Kombolcha woreda The following Table 5.12 shows the list of investment in Adamitulu Kombolcha woreda. Besides horticulture diary production and livestock fattening are expanding in the woreda. Table 5.11 Investments in Adamitulu Kombolcha Wereda Number Activity Area Capital No Company Name of starting Type of Investment (Hectare) (Mill Birr) employees year 1 Wine Castle 453 30 570 2000 Grape 2 Mola yitaw 6,734 1 11 2001 Fattening 3 Al‐Amine General Trading PLc 4,767 15 32 1999 Fattening 4 Grany Awal‐Nuun 100 5 230 2000 Fruits and Vegetable 5 Sagel PLC 533 3 106 1992 Fruits and Vegetable 6 Mustefa Ahmed 11 200 25 2000 Fruits and Vegetable 7 Mariam dairy PLC 2,240 100 121 1999 Fattening 8 Etiko Flora 154 9.5 188 1990 Fruits and Vegetable 9 Etio Flora 97 2 799 1996 Fruits and Vegetable 10 Hortu Borena 5 2.5 10 2000 Fattening 11 Zaddi Indata (Tamiru Gabre) 41 2.6 407 1997 Fruits and Vegetable Source‐The Wereda Investment Desk

Sher flower farm started its project in Zeway town in 2005 with 200 hectare of land. The project has three phases, the first including 200 hectare of land. The second and third phases foresee development of additional 150 hectare each. The farm will thus reach 500 hectares at project completion. It is expected to create jobs for almost 15,000 individuals and currently it has 10,000 employees. The firm produced around 675 million stems of flowers in 2009 (Table 5.13)

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Table 5.12 Sher Flower ‐ Total Production and Total Number of Employees ‐ Year 2009 Total number of production (stems) Total No of Employee Month Exported Harvested Total Male Female Total Jan 30371399 17796580 48167979 948 3644 4592 Feb 31295416 18460600 49756016 971 3773 4744 Mar 36153167 23883349 60036516 967 3752 4719 Apr 36037138 23257912 59295050 992 3893 4885 May 33387053 20484969 53872022 998 3929 4927 Jun 35311969 22566562 57878531 1010 3994 5004 Jul 34474599 22364400 56838999 1097 4488 5585 Aug 32940551 21136358 54076909 1308 5683 6991 Sep 35419587 24148757 59568344 1402 6217 7619 Oct 37018679 24936185 61954864 1483 6676 8159 Nov 33949483 21997794 55947277 1476 6638 8114 Dec 34652389 22641188 57293577 1487 6701 8188 Total 411011432 263674654 674686086

B. Lume woreda Industrial and commercial investment is flourishing in Lume woreda in Mojo and Koka surrounding areas. 21 projects have started operation since 1996. The projects capital is Birr 1.3 billion and employees amount to 5,815 (1566 male and 4249 female). On top of this huge new investment is flowing in Lume woreda. Currently there are 75 industrial and 175 commercial new ventures underway in this woreda. The development of the industrial sector can play a great contribution in creating job opportunities, income generation, utilizing the locally available raw materials and improving the technological inputs for different economic sector as well as for import substitution. In Lume woreda (Mojo town), the Federal Government has built the Mojo Dry Port facility on a 61hectare plot. The dry port incorporates facilities as good as conventional ports, including customs, packaging, containerization and inland shipment services with two large size warehouses, and offices for banks, insurance and maritime transit operators. These facilities are expected to help reduce the congestion at the port of Djibouti and enhance the competitiveness of the export/import trade. It is understood that supplementary dry ports are planned to be realized along the Addis Ababa‐Moyale corridor.

5.10 Tourist attractions

5.10.1 Rift Valley Lakes The project road passes through the Ethiopian Rift Valley which is part of the famous East African Rift Valley that comprises numerous hot springs, beautiful lakes and a variety of wildlife. The valley is the result of two parallel faults in the earth's surface among which, in distant geological times, the crust was weakened, and the land subsided. The Rift Valley's passage through Ethiopia is marked by a chain of seven lakes. Each of the seven lakes has its own special life and character and provides ideal habitats for the variety of flora and fauna that make the region a favorite destination for tourists. Only lake Langano is suitable and safe for swimming and other water sports, wheras lakes Abiata and Shalla are ideal places for bird watchers. Most of the Rift Valley lakes are not fully exploited for touristic purposes except lake Langano where tourist class hotels are built. The Rift Valley is also a site of numerous natural

Page 22 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan hot springs & the chemical contents of the hot springs are highly valued for their therapeutic purposes though at present they are not fully utilized.

5.10.2 Lake Zeway Monastries The lake is the largest of the north rift valley lakes and the home of different birds. Some of the birds are: long tailed cormorant, daster saddlebill stork, green pigeon, black headed Oriole, Wood hoop and parbel. The lake has five islands, the largest of which is Tullou Gudo, clearly visible from the mainland. On the highest peak the church Debre Tsehone is quite probably the oldest active monastery in Southern Ethiopia. The island covers 413ha and is 14.5km away from the town. The second largest island is Tedecha with 227ha area coverage, 19.7km far from the town followed by Fundro, Galila and Debre Sina islands with respective area coverages of 47ha, 30ha and 21ha.

5.11 Problems and Impact of the Road on Socio-economics of the Project Area A. Problems The major economic problems of the district are associated with farm land. The district is suitable for animal rearing and crop production, but due to the continuous population increase the available farm land is decreasing from time to time. The availability of land for grazing also decreases due to the growing demand of farm land. The ever rising cost of agricultural inputs in relation to the low purchasing power of the rural community is another major issue. The other economic problems of the area are low productivity of agricultural sectors, related to high costs, delayed and insufficient supply of agricultural inputs, prevalence of animal diseases, high unemployment rate, low saving due to high dependency and vulnerability to drought and famine, lack of experience in non‐ farm income generating activities. Major environmental problems include high soil erosion due to high deforestation, overgrazing, over‐cultivation and misuse of land resources in general. Water for irrigation purposes is mainly drawn from lakes Koka, Meki and Zeway. This results in ever decreasing lakes’ volume. Problems of unemployment, inadequacy of equipments and facilities in health and educational institutions are prevalent in the districts. Moreover most of the water schemes built so far in rural areas are un functional due to lack of maintenance. In the project woredas unemployment is mainly becoming an urban problem, caused by rapid rural‐urban migration motivated by the migrants’ expectation to get better opportunities in urban areas and lack of information regarding the real situation in urban areas. B. Positive Impact of the Project Road During operation, improved transportation systems will empower women through accessibility to markets for agricultural produce; easy access to social services such as hospitals and schools. One of the important and immediate means of income creation and poverty alleviation are the direct and indirect job opportunities that will be created for the local people. Direct employment will be in the form of skilled labour as well as semi‐ and non‐skilled labour during construction and maintenance. Indirect employment will include employment by suppliers to the contractor, food vendors (especially women) and other small businesses. like food and drinks and essential consumption goods sales.

Other wealth creation opportunities will result from an improved transportation system. The project roads once operational will be catalysts for economic diversification including agriculture. It is anticipated that the improved road will attract new investors to the areas; this will have a multiplier effect on the

Page 23 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan availability of other services, in so doing create even more job opportunities. The improved transportation systems will also make it possible for regional and import/export trade to flourish implying better price for agricultural products. The improved road will increase the number of transport operators and increase demand for agricultural produce in turn increasing farm‐gate prices. The project areas have potential for tourism hence the new road with better standard will have a significant influence in increasing tourist activities in the zones of influence.

5.12 Travel Pattern of the Project Area During public consultation with local people discussion was conducted on travel needs and transport means of the local people. This section summarizes findings of the discussion on travel needs and the transport efforts involved in meeting the households’ domestic, agricultural and external activity patterns in the project area, in a gender dis‐aggregated manner.

A. Domestic transport pattern Women are responsible for domestic activities and their travel needs emanate from fulfilling this responsibility. The two most important components of this type of transport are collecting water and fuel, which together account for the highest time and longest distance covered on a daily basis. This usually involves each household making from 1 to 2 hours journey depending on the settlement pattern and location of water and fuel sources. Women and female children are mostly involved in these activities, carrying heavy loads on their back. Only in those areas where the location of water sources is very far (4‐6 hours away) do men, donkeys and donkey drawn carts assist and replace household women in domestic transport.

B. Agricultural transport pattern In overall terms, agricultural transport involves the household making trips to and from farm lands. The frequency of these trips to farm fields increases during the cultivation period. Agricultural activities, excluding trips, take up most of the farmers' time, at least 8 hours per day. Such trips can be divided into two distinct stages. The first involves the cultivation and harvesting of crops with the exception of weeding, men are overwhelmingly responsible for crop cultivation. This suggests that a gender division of labour is still common in the area. The second stage concerns the purchase of inputs prior to the farm season and the post cultivation marketing of surplus crops. This involves transport beyond the kebele, usually the wereda town or further away from the farm field and is typically dominated by men using donkeys. Carrying small items on the back of the shoulder is also a commonly practiced transport mode for both men and women. Women and men share the responsibility for marketing.

C. Travel pattern to services, facilities and other places This type of travel tends to reflect the household’s need to use social services and maintain its social network. This type of travel tends to be the second most important user of travel time. The most important component is travel outside the kebele, which is usually by foot and whenever motorized public service vehicles are used, it is for destinations outside the wereda. Visits to the market, which are usually located more than 1 hour walking away, seem to be the next most important travel outside rural villages. Most households seem to rely on local markets for purchasing supplementary foods and other items and these visits tend to be undertaken by both women and men.

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In general, households in the project area stay most of the time in their localities in order to attend to their domestic and cultivation activities. Travel outside the kebeles generally occurs once in a week time.

5.13 Administration

A. Zone Administration At the zone level the government structure constitutes administration set up only. This zonal level administration is not an independent unit but rather functions as an extension to the regional administration. No sectoral office exists at zone level.

B. Wereda Administration Weredas play the central role in the Decentralization Policy of the Government. Weredas have become administratively independent. This implies, that, the wereda administration have authority on matters pertaining to their wereda. The wereda council decides on budget distribution, human resource, internal administration, and so on. In this regard, the wereda centres have become increasingly important and are operational in providing the requested services to their population.

C. Kebele administration Kebele administration is an important structure with an independent autonomy of administration. The wereda uses the kebele structure to implement policies and projects. The kebele administration comprises the executive body, is known as a cabinet, with the chairman as the only salaried personnel in the kebele leadership. The five cabinet members, the Ganta meri / militia commander and the three social court members are the main active people in the leadership. The kebele administrative unit, is divided into three Mengistawi budin (hamlet level), This mengistawi budin is further divided into 1:30 and 1:5 households structure. There is also a structure known as Neus Kebele (sub‐kebele) in which two or more gott form a common leadership that deals with common problems. Each gott is further divided into Mengistawi budin and then into Hiwas or cells. A Mengistawi budin is run by seven elected people (one head, one secretary and five members), whereas Hiwas may be formed by 6‐10 neighbours depending on spatial proximity. Land tax and all other types of government imposed taxes and contributions are collected by the kebele leadership using the social courts and the militia to force people who do not cooperate. Kebele officials announce to the people when they want them to gather or when there is group work to do, such as water harvesting and reforestation. disputes between Muslims and Christians. Such disputants used to generalize personal grievances.

5.14 Project Affected Persons at 70m ROW

5.14.1 Headship and families of the PAPs at 70 m ROW 1,961 owners of will be affected by the project road. Among the PAPs the majority (81.1 %) are male headed households, 17.7% are women headed households, and 1.2% are institutions (public and government).The total family members of the project affected households are 11,906 out of which the majority (50.7%) are male and the remaining (49.3%) are female. Appendix 1 provides the names of the heads of households and institutions identified during the field survey.

Page 25 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan

Table 5.14: Project Affected Households and Families At 70m ROW

Adami tulu Dugda Borra Lome Liben Total Variables No % No % No % No % No % No %

Male 212 88.3 435 82.5 437 84.2 379 73.9 128 79.0 1591 81.1

Female 28 11.6 87 16.5 80 15.4 117 22.8 33 20.4 345 17.7 Sex Institution 5 0.9 2 0.4 17 3.3 1 0.6 25 1.2 Total 240 527 519 513 162 1961

Male 972 50.5 1715 49.2 1686 51.8 1207 51.9 458 50.0

6038 50.7 Female 951 49.5 1769 50.8 1569 48.2 1119 48.1 460 50.0 5868 49.3 family Affected Total 1923 3484 3255 2326 918 11896 Source: Compiled from data obtained from each town

5.14.2 Religion of PAPs The majority of the PAPs professed Ethiopian Orthodox Christianity (85.7%), followed by Muslim HHs (10.8%) while2.8% of the affected population followed the Protestant faith. The spatial distribution of the HHs following the three faiths varies among the woredas. Orthodox Christian HHs are majority in four woredas namely Dugda (98.7%), Bora (98.7%), Lome (97.6%), and Liben (87.7%). HHs that follows the Islamic faith make the highest proportion in only Adami Tulu (84.5%).

Table 5.15: Religion of PAPs by Woreda Adami Tulu Dugda Borra Lome Liben Total No % No % No % No % No % No % Orthodox 20 8.4 520 98.7 502 98.2 477 97.6 142 87.7 1661 85.7 Muslim 202 84.5 ‐ 6 1.2 2 0.4 ‐ 210 10.8 Protestant 17 7.1 6 1.1 3 0.6 10 2.0 20 12.3 56 2.8 Other 1 0.2 ‐ ‐ 1 0.05 NA 6 7 13 0.7 Total 240 527 517 496 162 1937

5.14.3 Ethnicity of PAPs The majority of the affected HHs (87.8%) belong to the Oromo ethnic group followed by the Amhara (6.7%) and persons with SNNP ethnic background (2.3%) and the minorities (0.4%)with Tigray background. The spatial distribution of the HHs ethnicity is even among the affected woredas. Table 5.16: Ethnicity of PAPs

Ethnicity Adami Tulu Dugda Borra Lome Liben Total %

Amhara ‐ 64(12.1) 55(11.0) 10(2.1) 1(0.2) 130 6.7 Oromo 238(99.6) 410(77.8) 438(87.4) 454(96.8) 160(99.8) 1700 87.8 SNNP 1(0.4%) 41(7.8) 3(0.6) ‐‐ 45 2.3 Tigre 1(0.4%) ‐ 5(0.9) 5(1.1) ‐ 11 0.4 NA 12 (2.3) 16(3.1) 1 2.9 27(5.4) 56 Total 240 527 517 496 162 1937

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Source: Compiled from data obtained from each town

5.14.4 Occupations The overwhelming majority of the affected HHs (98.6) are reported to be farmers. This is a trend to be expected in all woredas since the whole project road is aligned in rural areas. The occupation of the remaining project affected HHs (1.4%) has been referred to as “Other” for the sake of simplicity. The HHs that belong to the “Other” group constitute: housewives, government employees, students and so on. Table 5.17: Occupation of PAPs

Occupation Adami Tulu Dugda Borra Lome Liben Total % Farmer 234(97.5) 511(97.0) 501(99.0) 483(99.0) 161(100) 1890 98.9 Other 6(2.5) 5(0.9) 5(1.0) 5(1.0) ‐ 21 1.1 Source: Compiled from data obtained from each town

5.14.5 Marital status The majority of the affected HHs (80.8%) reported to be married. 15% have dissolved their marriages mainly by widowhood (13.9%) and in rare cases by divorce (0.7%). The proportion of widows is significantly high across the woredas placing women heads of households in a more vulnerable situation. Singles constitute 2.9% among the affected HHHs.

Table 5.18: Marital status of PAPs Marital Adami Dugda Borra Lome Liben Total % status tulu Single 4(1.7) 19(3.6) 6(1.2) 25(5.1) 1(0.6) 55 2.8 Married 208(87.0) 420(79.7) 426(83.5) 373(76.6) 125(77.6) 1552 80.2 Divorced 1(0.4) 8(1.5) 5(1.0) 7(1.4) 2(1.2) 23 1.2 Widowed 26(10.9) 67(12.7) 73(14.3) 82(16.9) 33(20.5) 281 14.5 NA 1(04) 13(2.5) 9 1(0.6) 24 1.2 Total 234 527 510 496 162 1937

Source: Compiled from data obtained from each town

5.14.6 Education The majority of the affected HHHs (59.4%) are illiterate followed by the HHHs that have attended primary and secondary education (13.5%). The proportion of the HHHs that posses the basic skill of reading and writing comprises 24.7%. HHHs with college background constitute only 0.3%. The trend shows some variation among the affected woredas as the proportion of those with primary and secondary education are high in Adami Tulu and Dugda. On the other hand, HHHs with college background were not present in Lome, Borra, and Liben. Table 5.19: Education of PAPs Adami Education Dugda Borra Lome Liben Total % tulu Illiterate 118(51.1) 261(49.5) 326(66.1) 267(60.4) 126(80.3) 1098 59.4 Read & Wr 64(27.7) 118(22.4) 123(24.9) 130(29.4) 22(14.0 457 24.7 Formal 43(18.6) 109(20.7) 44(8.9) 45(10.2) 9(5.7) 250 13.5 Collage 6(2.6) 1(0.2) 0 ‐ ‐ 7 0.3

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NA 9(3.7) 38(22.4) 17 54 5 123 6.4 Total 240 527 510 496 162 1937 Source: Compiled from data obtained from each town

5.14.7 Vulnerable Households The socio‐economic survey identified 661 vulnerable PAPs. The vulnerable PAPs are constituted of elderly people (above the age of 60) (293) and women heads of households (368). The names of project affected vulnerable households heads are given in Appendix 5. At the time of implementing the compensation and the resettlement action plan of the project special attention, support and care should be given to female‐headed households and to the elderly. The support will be made in rebuilding their houses, transferring and transporting their household items and materials to the newly constructed residential houses or houses used for business purpose.

5.15 Properties Affected by the Lot 1 Project (00km to 92.5km)

5.15.1 Houses and Fence Affected at 70 meters ROW During the field work, the affected properties within the 70 meters ROW have been assessed. The findings showed that the project would affect 247 housing units (42014.65 square meters) distributed over the 5 woredas. Out of the total affected house area the majority (187) are made from Tukuls (36707.09sqm), followed by 47 Mud Wall Houses with Corrugated Sheet Roof (MWCS) (3995.7sqm), 5 houses made of Hollow Cement Bock (HCB) (57.13sqm) and 8 made of Mud Brick wall (MB) (1254.73sqm). 98206 meter of vegetation and wood fences will also be affected. Table 5.20: Houses and Fence Affected at 70m ROW Adami House Type Dugda Borra Lome Liben Total Tulu Mud Area (m2) 440 231 1022.10 2128.6 174 3995.7 wall No. 13 6 8 17 3 47 HCB (No) 1 4 5 wall Area (m2) 24 ‐‐33.13 ‐ 57.13 (No) 22 33 54 43 35 187 Tukul Area (m2) 514 33617 1003.5 635.3 937.29 36707.09 Mud Area (m2) 1043.1 211 1254.1 Bricks No. 4 4 8 Fence Length(m) 1970 12,906 39317 15391 28622 98206

5.15.2 Fully and Partially Affected Households Fully affected households face a situation in which almost all the plot area is taken and the PAP cannot re‐ establish herself/himself in the remaining compound area whilst maintaining the former use and practice of the houses. Among the 247 households who lost housing facilities 122 households will be fully affected. These HH will receive full compensation to rebuild new houses, compensation value (inconvenience cost) and compensation for income restoration during construction and loss of business. Based on the field assessment, among the 247 households who lost housing facilities 125 households will be partially affected. These partially affected households will be able to continue living and working within their present plot without any need of relocation on a new plot of land. Therefore, they will be compensated for the affected houses.

Table 5.21: Fully and Partially Affected Houses at 70m ROW Adami Dugda Borra Lome Liben Total %

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tulu Fully 31(88.6) 24(61.5) 36(54.5) 24(35.3) 11(26.2) 126 49.6 Partially 5(11.4) 15(38.5) 30(45.4) 44(64.7) 31(73.8 125 50.4 Total 36 39 66 68 42 251

5.15.3 Impact of the Project on Farm Lands

The findings of the fieldwork showed that the project road will affect a total of 676.48ha of strips of annual crop land. The main social impacts of the road project on crop land occurs in Dugda (199.2ha), Bora (188.9ha), Lome 182.6 and Adami Tulu (82.3ha). In Liben, the affected cropland is 23.3 ha. This shows that the adverse impact of the project in terms of expropriation of cropland is most sever in Dugda, Bora, Lome and Adami Tulu woredas (Table 5.9). Table 5.22: Farm Plots Affected at 70m ROW Adami Dugda Borra Lome Liben Total Tulu Crop Area 822,923 1,992,464 1,889,435 1,826,563.06 233,440 6,764,825 (m2)

5.15.4 Electricity and Tele Poles Houses Affected by the Project The project road will require the relocation of 76 electricity poles and 4 telephone poles. The head office of the Ethiopian Electric and Power Corporation and Telecom were requested to provide the amount for the relocation of the system.

5.15.5 Impact of the Project on Trees In addition to farmland, there are also eucalyptus trees within the ROW along the road alignment. It is estimated that 15,110 eucalyptus trees will be affected by the project (Table5.23). Table 5.23: Trees Affected at 70m ROW Adami Dugda Borra Lome Liben Total Tulu Trees 2,089 4,967 4,309 3,608 128 15,101

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6 Policy, Legal & Administrative Framework

This chapter presents relevant environmental policies, legislative and administrative frameworks at regional, national and international level. Focus has been given to regional level organizations that are responsible for preparation of environmental policy, technical guidelines, review and close follow‐up of implementation of environmental safeguard measures.

6.1 The Constitution The Constitution of the Federal Democratic Republic of Ethiopia, which entered into force on 21 August 1995, forms the fundamental basis for enactment of specific legislative instruments governing environmental matters at the National level. Articles 43, 44 and 92 of the Constitution specifically deal with the right to development, environmental rights and environmental objectives respectively. In particular: In the section that deals with the right to development: Article 43 (1) gives broad right to the people of Ethiopia to improved living standards and to sustainable development. Article 43 (2) acknowledges the rights of the people to be consulted with respect to policies and projects affecting their community. Article 43 (3) requires all international agreements and relations by the State to protect and ensure Ethiopia’s right to sustainable development. In the section that deals with environmental rights Article 44 guarantees the right to a clean and healthy environment. In the section that deals with environmental objectives, Article 92 sets out the Federal policy principles and significant environmental objectives. More specifically Article 92: - Affirms the commitment of the Government to endeavour to ensure that all Ethiopians live in a clean and healthy environment. - Warns that the design and implementation of development programs and projects should not damage or destroy the environment. - Guarantees the right of people to full consultation and their expression of views in the planning and implementation of environmental policies on projects that affect them directly. - Imposes the duty on Government and citizens to protect the environment. In the context of land ownership and holding right: Article 40 (3) vests in the Government and in the people of Ethiopia the right to ownership of rural and urban land, as well as of all natural resources, it recognizes land as a common property of the Nation, Nationals of and People of Ethiopia and prohibits sale or any other exchange of land. Article 40 (4) guarantee the right of farmers to obtain land without payment and protection against eviction from their possession. Article 40 (5) guarantee the right of pastoralists to free land for grazing and cultivation as well as the right not to be displaced from their own lands.

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In recognition of the value of human input on land Article 40 (7) states that “Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and where the right to use expires to remove his property, transfer his title, or claim compensation for it.” In recognition of the right to acquire property for the purpose of overriding national interest Article 40 (7) empowers the Government to expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of the property”. In a section that deals with economic, social and cultural rights Article 41 (9) sets out the State responsibilities to protect and preserve historical and cultural legacies.

6.2 Environmental Policy of Ethiopia The Environmental Policy of the Federal Democratic Republic of Ethiopia was approved by the Council of Ministers in April 1997. Its overall policy goal may be summarised in terms of the improvement and enhancement of the health and quality of life of all Ethiopians, and the promotion of sustainable social and economic development through the adoption of sound environmental management principles. The policy is integrated with the overall long‐term strategy of the country ‐ agricultural led industrialization and other key national policies. It sets out its specific objectives and key guiding principles, contains sectoral and cross‐sectoral policies and provisions necessary for the appropriate implementation of the Policy itself. With respect to environmental impact assessment (EIA) the Policy sets out specific policies, the key elements of which may be summarized hereunder:

• The need to address social, socio‐economic, political and cultural impacts, in addition to physical and biological impacts, and to integrate public consultation within the EIA procedures. • Incorporation of impact containment measures into the design process of public and private sector development projects and inclusion into EIA of mitigation measures and accident contingency plans. • Development of detailed technical sectoral guidelines for EIA and environmental auditing. • Establishment of an interlinked legal and institutional framework for the EIA process to ensure that development projects are subjected to environmental impact assessment, audit and approval in a coordinated manner. • Development of EIA and environmental auditing capacity within the Environmental Protection Authority, sectoral ministries and agencies as well as regions. The Policy has been developed as a national instrument enhancing the objectives of the Constitution and setting out clear cut directions with respect to environmental concerns particularly in terms of regulatory measures adopted as well as in the process of design, implementation and operation of development projects. Its recognition of the significance of addressing cross‐sectoral environmental issues in the context of a national approach to environmental assessment and management integrates the efforts of a wide range of institutions across the country. It provides a sound and rational basis for addressing the country’s environmental problems in a coordinated manner.

National HIV/AIDS Policy and ERA’s HIV/AIDS Policy at Work Places Ethiopia is one of the countries in the world that is facing HIV/AIDS pandemics. Having understood the magnitude of the HIV/AIDS pandemic and its paramount impacts on the socio‐economic development of the country, the FDRE issued a Policy on HIV/AIDS in 1998, which calls for an integrated effort of multi‐

Page 31 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan sectoral response to control the epidemic. The National HIV/AIDS Policy urges communities at large, including government ministries, local governments and the civil society to assume responsibility for carrying out HIV/AIDS awareness and prevention campaigns. The general objective of the policy is to provide an enabling environment for the prevention and control of HIV/AIDS in the country. In order to address the problem and coordinate the prevention and control activities at national level, in 2000 National AIDS Council was established under the Chairmanship of the country’s President, and in 2002 HIV/AIDS Prevention and Control Office was established. The transport sector, to which ERA belongs, is among the most susceptible sector for the spread of HIV/AIDS. It was in recognisance of this that ERA has issued a Sectoral Policy for HIV/AIDS in the Work places of ERA in June 2004. The policy acknowledges that HIV/AIDS is a reality in the work places, which may have detrimental effects on its work force. The policy is prepared with the objectives of developing and implementing an effective workplace programme. Some of the policy objectives of ERA´s HIV/AIDS policy are to create awareness among its employees and promote effective ways to managing HIV/AIDS and to create supportive environment for those affected. The principles of the policy are to ensure that employees living with HIV/AIDS have the same right and obligations; to avoid discriminations and stigmatization of employees with HIV/AIDS to receive equal treatment; seek to minimize the social and development consequences, provide support counselling and educational services to infected and affected employees; to establish and maintain an employee assistance programme and ensure sustainable resource for the prevention and control.

National Policy on Women This Policy was issued in March 1993 emphasizing that all economic and social programs and activities should ensure equal access of men and women to the country’s resources and in the decision making process, so that they can benefit equally from all activities carried out by the Federal and Regional Institutions. Among the main policy objectives is that laws, regulations, systems, policies and development plans that are issued by the government should ensure the equality of men and women, and that special emphasis should be given to the participation of rural women. The policy emphasizes the application of gender mainstreaming, women empowerment and targeting women as core strategies for achieving gender equality.

This is in conformity with the African Development Bank’s Gender Policy (2001) which adopts “gender mainstreaming” as a key strategy for overcoming women’s exclusion from decision making and from access to and control over development resources and benefits. The AfDB women policy specifies five priority areas, namely education, agriculture and rural development (including infrastructure), women’s poverty, health and governance. Its implementation is anchored in five core principles namely: i) the application of gender analysis; ii) the need to foster cooperative relations between women and men; iii) recognizing that women’s economic empowerment is key to sustainable development; iv) addressing diversity among women; and v) judicious application of the twin track strategy embracing gender mainstreaming and targeted interventions for women’s empowerment.

6.3 Sectoral Policies As measures to effectively deal with environmental problems several sectoral policies have been issued. These include:

• National Population Policy issued in April 1993 • National Agricultural Resource Policy and Strategy issued in 1993

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• Energy Policy issued in 1994 • Water Resource Management Policy in 1999 • Policy on Biodiversity Conservation and Research issued in April 1998 • Rural Development Policy and Strategy issued in 2002 • Sustainable Development and Poverty Reduction program issued in 2002

6.4 ERA's Resettlement/Rehabilitation Policy Framework Apart from the broad policy frameworks at national level, the main reference behind the preparation of a Resettlement Action Plan (RAP) is ERA’s guiding principles as stipulated in its Resettlement and Rehabilitation Policy Framework. The principles in the framework are adopted basically from the World Bank’s policy on resettlement and rehabilitation. A threshold has been set whether or not to proceed with a detail RAP once a social screening is done on any proposed road development project. Road development that entails the relocation of more than 200 individuals or about 40 households is expected to draw up a detailed resettlement action plan. Those road projects that would displace less than 200 individuals are not expected to come up with a detailed/full scale RAP and instead appropriate compensation measures for lost assets, arrangements for logistical support and a relocation grant have to be determined. The Resettlement/Rehabilitation Policy Framework clarifies the principles of social impact mitigation in the process of addressing social impacts induced by project operations. It provides guidelines to stakeholders participating in the rehabilitation/resettlement operations to ensure that project affected persons (PAPs) will not be impoverished by the adverse social impacts. The basic principles imply that PAPs should be compensated for loss of assets at replacement costs; be given opportunities to share project benefits; and be assisted in case of relocation or resettlement. Focus is on restoring the income earning capacity of the affected persons by improving or at least sustaining the living conditions prior to project operations or to resettlement. The policy framework sufficiently places emphasis both on the compensation issues and the process required for the implementation of resettlement/ displacement. According to this policy framework a resettlement action plan (RAP) needs to be prepared only if the project affects more than 200 persons. The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual on involuntary resettlement applied in determining eligible persons for compensation. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation. All PAP and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost. All PAPS, legal and illegal, are taken into consideration and accounted for. Early recording of the numbers and names of affected populations entitled to compensation/rehabilitation is the mechanism to prevent illegal encroachers and squatters, including an influx of non residents entering to take advantage of such benefits, from participating in the compensation arrangements. In case of clashes between the World Bank policy and the Ethiopian law, the bank policy will be implemented.

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6.5 African Development Bank’s Environmental Assessment Guideline The African Development Bank’s (AfDB) environmental policy was approved in 1990 and its environmental assessment guideline followed in 1992. The Bank has continually updated its environmental policy and its social and environmental study guidelines. AfDB’s updated policy on environment was issued 2004, incorporating and redefining environmentally sustainable development. The Bank’s development plan seeks to ensure that environmental management tools like strategic impact assessment and project level environmental and social assessment will be used systematically to monitor environmental performance and encourage community involvement Initial Environmental Examination (IEE) represents the earliest stage in formal environmental impact assessment by the African Development Bank (ADB). IEE is a process for identifying and evaluating the ways in which a proposed project is likely to affect its environment.

6.6 The AfDB Environmental and Social Assessment Procedures (ESAP) The African Development Bank (AfDB) issued its environmental and social assessment procedures (ESAP) in 2001 with the objective of operationalizing the Bank’s Environmental Policy. Along this line, the ESAP first defines the environmental categories which AfDB‐financed projects may be assigned to. Moreover, the ESAP also sets out the assessments and procedures required for each category at each stage of the project cycle. These procedures have to be complied with in principal safeguard undertakings, such as Environmental and Social Management Plans (ESMPs), Strategic Environmental and Social Assessments (SESAs), Environmental and Social Impact Assessments (ESIAs), and Resettlement Action Plans (RAPs).

Project categories Category 1: Projects likely to induce important adverse and irreversible environmental and/or social impacts, such as the displacement of more than 200 people. A full ESIA and an ESMP are required, and a RAP may apply. Category 2: Projects likely to induce detrimental, site‐specific environmental and/or social impacts that can be minimized by including mitigation measures in an ESMP and in an Abbreviated Resettlement Action Plan (ARAP), when applicable. Category 3: Projects that will not induce adverse impacts. These projects do not require further environmental and social action. Category 4: Projects that involve subprojects which may result in adverse environmental and/or social impacts and for which the AfDB’s investments are handled by a financial intermediary. These projects must assess the intermediary’s capacity to address environmental and social concerns.

According to the ESAP Checklist, the proposed road project would fall into Category I type projects and therefore, the project requires a full ESIA including Resettlement Action Plan.

6.7 The AFDB Involuntary Resettlement policy The Bank Group involuntary resettlement policy has been developed to cover involuntary displacement and resettlement of people caused by a Bank financed project and it applies when a project results in relocation or loss of shelter by the persons residing in the project area, assets being lost or livelihoods being affected. The primary goal of the involuntary resettlement policy is to ensure that when people must be displaced they are treated equitably, and that they share in the benefits of the project that involves their

Page 34 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan resettlement. The objectives of the policy are to ensure that the disruption of the livelihood of people in the project’s area is minimized, ensure that the displaced persons receive resettlement assistance so as to improve their living standards, provide explicit guidance to Bank staff and to borrowers, and set up a mechanism for monitoring the performance of the resettlement programs. Most importantly, the policy stipulates that resettlement action plan (RAP) should be prepared and based on a development approach that addresses issues of the livelihood and living standards of the displaced person as well as compensation for loss of assets, using a participatory approach at all stages of project design and implementation. The policy stipulates should significant number of persons are affected by a project, a resettlement action plan will have to be prepared. To this effect Article 3.4.6 states the following: The borrower will be required to prepare a full resettlement plan (FRP) for any project that involve a significant number of people (200 or more persons) who would need to be displaced with a loss of assets, or access to assets or reduction in their livelihood. The full replacement plan will be released as a supplement document to the Environmental and Social Impact Assessment (ESIA) summary for Bank’s financed projects involving involuntary resettlement issues. In case of lesser number of affected people, Article 3.4.9. specifies the following: For any project involving the resettlement of less than 200 persons, an abbreviated resettlement plan will be prepared. The full resettlement plan and the abbreviated resettlement plan (refer to as resettlement plan) should be posted in the Bank’s Public Information Center (PIC) and the Bank’s web site for public review and comments in accordance to the Bank’s disclosure policy and the Bank’s Environmental and Social Assessment Procedures (ESAP 2001). The Bank provides special attention to public participation in the RAP preparation process through conducting meaningful consultations with relevant stakeholders, including potential beneficiaries, affected groups, Civil Society Organisations (CSOs) and local authorities, about the project’s environmental and social aspects and take their views into account.

Environmental Framework Legislations

Among the Proclamations that have been issued by the Government of Ethiopia, the legislations that are aimed at addressing expropriation of land and compensation and advancing environmental protection and sustainable use of the Country’s natural as well as man‐made resources include the following.

6.8 Legislation on Expropriation of Land and Compensation The Federal legislation on Expropriation of Land for Public Purposes and Compensation (Proclamation No. 455/2005) in effect repealed the outdated provisions of the Ethiopian Civil Code of 1960 regulating land acquisition and compensation for the purpose of public projects. This new legislation established detail procedures for setting the time limits within which land could be acquired after a request is received from a proponent, principles for assessment of compensation for properties on the land as well as for displacement compensation. According to the Proclamation, the power to expropriate landholdings mainly rests on woreda or urban administration authorities. Article 3 (1) of the Proclamation states that a woreda or an urban administration shall, upon payment in advance of compensation in accordance with this Proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private

Page 35 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.” The Proclamation has removed the barriers for planned land acquisition, substantially raised the amount of compensation payable to expropriated owners of properties and displaced people. In addition to financial compensation in an amount sufficient to reinstate the displaced people to the economic position prior to displacement, the relevant Regional administration is required to give replacement land to any person who has lost land in favour of a public project. An assessment of compensation does not include the value of the land itself since land is a public property not subject to sale in Ethiopia. According to the Federal Legislation on Expropriation of Land for Public Purposes & Compensation (Proclamation No. 455/2005), the responsibility of a proponent of a proposed project under Ethiopian law does not extend beyond the payment of compensation for properties and displacement. In other words the displaced people need to seek resettlement options in the framework of land administration systems of the relevant rural or urban land administration. In addition, the Proclamation deals with determination of compensation having articles on the basis and amount of compensation, displacement compensation, valuation of property, property valuation committees, complaints and appeals in relation to compensation. As per this Proclamation, a land holder whose holding has been expropriated shall be entitled to payment for compensation for his property situated on the land for permanent improvements he made to such land, and the amount compensation for property situated on the expropriated land shall be determined on the basis of replacement cost of the property. For houses in urban areas, the amount of compensation should not be less than the current market value of construction. In addition to the amount of compensation for the property expropriated, the Proclamation also gives a provision for cost of removal, transportation and erection. Proclamation No.55/1993, article 5. 2(k), states that ERA shall use, free of charge, land and such other resources and quarry substances for the purpose of construction of highways, camps, storage of equipment and other required services, provided, however, that it shall pay compensation in accordance with the law for properties on the land it uses. The Right‐of‐Way (ROW) is the land allocated and preserved by the law for the public use in road construction, rehabilitation and maintenance work. Thus, property within those limits could be removed/demolished by the road authority.

6.9 Proclamation on Rural Land Administration and Land Use This Proclamation, Proc. No. 456/2005, came into effect in July 2005. The objective of the Proclamation is to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure. The MoARD is charged with executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law. According the Proclamation where land, which has already been registered, is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc.

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6.9.1 Proclamation on Ethiopian Water Resources Management Proclamation No. 197/2000, issued in March 2000, provides legal requirements for Ethiopian water resources management, protection and utilization. The aim of the Proclamation was to ensure that water resources of the country are protected and utilized for the highest social and economic benefits, to follow up and supervise that they are duly conserved, ensure that harmful effects of water use prevented, and that the management of water resources is carried out properly.

6.9.2 Proclamation on Public Health The Public Health Proclamation (No. 200/2000) entered into force as of March 9, 2000. Objectives of the Proclamation include enhancing popular participation in implementing the country’s health sector policy, promoting attitudinal changes through primary health care approach and promoting healthy environment for the future generation. The Proclamation has five parts. Part one is called ‘General’, and focuses on titles and definitions. Part two and three deal with establishment, powers and duties of an Advisory Board and Appointment of Inspectors respectively. Part four is very comprehensive with 11 articles and other numerous sub‐articles on public health. The major articles under part four of this Proclamation include: food quality control, food standard requirements, water quality control, occupational health control and use of machinery, waste handling and disposal, availability of toilet facilities, control of bathing places and pools, disposal of dead bodies, control at entrance and exit ports, communicable diseases and the requirement of health permit and registration before resumption and after completion of construction. Part five is on Miscellaneous Provisions – including obligation to cooperate, penalty, repealed and applicable laws, power to issue regulations, power to issue directives and effective date.

6.9.3 Proclamation on Research and Conservation of Cultural Heritage Proclamation No. 209/2000 provides legal framework for Research and Conservation of Cultural Heritage. The Proclamation establishes the Authority for Research and Conservation of Cultural Heritage (ARCCH) as a government institution with a juridical personality. In addition, it has provisions for management, exploration, discovery and study of Cultural Heritage and miscellaneous provisions. The Proclamation defines the objectives, powers and duties of the Authority (ARCCH. It also has provisions on Management of Cultural Heritage. Among these are provisions on Ownership and Duties of Owners, Classification, Registration, Conservation and Restoration, Removal, the Use, and Expropriation of Cultural Heritage, Preservation of Cultural Heritage Situated on Land given in Usufruct, and Establishment of Museum. Furthermore, the Proclamation provides Articles on Exploration, Discovery and Study of Cultural Heritage. Article 41 is on Fortuitous Discovery of Cultural Heritage and Sub‐Article (1) states that, any person who discovers any Cultural Heritage in the course of an excavation connected to mining explorations, building works, road construction or other similar activities or in the course of any other fortuitous event, shall forthwith report same to the Authority, and shall protect and keep same intact, until the Authority (ARCCH) takes delivery thereof. Connected to this, Sub‐Article (2) states that, the Authority shall, upon receipt of a report submitted pursuant to Sub‐Article (1) hereof, take all appropriate measures to examine, take delivery of, and register the Cultural Heritage so discovered. Under Miscellaneous Provisions, the Proclamation states that, any person who holds permit to conduct construction works in a reserved area [an area declared to be containing an assemblage of immovable

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Cultural Heritage or an archaeological site] and who discovers Cultural Heritage in the course of construction activities shall stop construction and shall forthwith report same in writing to the Authority.

6.9.4 Regulations on Payment of Compensation for Property Situated on Landholdings Expropriated for Public Purposes Regulation No. 135/2007 came into effect in July 2007, and deal with payment of compensation for property situated on landholdings expropriated for public purposes. This Regulation was issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the FDRE Proclamation No. 471/2005 and Article 14(1) of the Proclamation No. 455/2005 (discussed under 3.2.6) with the objective of not only paying compensation but also assisting displaced persons to restore their livelihood. The Regulations contain provisions on assessment of compensation for various property types (including buildings, fences, crops, trees and protected grass), permanent improvement of rural land, relocation of property, mining license, burial ground, and formula for calculating the amount of compensation. In addition, it has provisions for replacement of urban land and rural land, displacement compensation for land used for crops, protected grass or grazing, and provisional expropriation of rural land. Further, the Regulations contain provisions that specify properties for which compensation is not payable and regarding furnishing of data to compensation committee, records of property, evidence of possession and ownership, and valuation costs.

6.9.5 Oromia Regional state land administration and land use proclamation Under proclamation No. 56/2002, of the Oromia regional state, Article 4, sub article 1, stressed that land is a common property of the state and the people, and shall not be subject to sell or other means of exchange. Article 5.1 on the people, and shall not be subject to sell or other means of exchange. Article 5.1 on the other hand gives a full property right to holders over any property produced or built on the land including the right to alienate it in any manner. However, according to article 6.2, the right of alienation does not extend to the land itself. Article 6.4 again stipulates certain restrictions and obligations on the use right of land in which use right is subject to termination when the land is required for public uses.

6.9.6 The Registration and Regulation of Charities and Societies Proclamation 621/2009 provides of the registration and regulation of charities and societies. The proclamation establishes Charities and Societies Agency, under The Ministry of Justice. The Proclamation defines the objectives, powers and duties of the Agency. Among these are licensing and registration of Charities and Societies, operation of Charities and Societies in transparent and accountable way. The types of charities can be formed as: a) a Charitable Endowment; b) a Charitable Institution; c) a Charitable Trust; or d) a Charitable Society. The formation, registration, structure and supervision are defined in the Proclamation.

6.10 Multilateral Environmental Related Agreements The Federal Democratic Republic of Ethiopia has ratified within its own legislative framework the following international conventions, multilateral agreements and protocols which have relevance to environmental protection.

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• UN Convention to Combat Desertification, ratified by Proclamation No. 80/1997, in 1997. • Cartagena Protocol on Bio‐safety to the Convention on Biodiversity ratified by Proclamation No. 362/2003. • Framework Convention on Climate Change, ratified by Proclamation No. 97/1994, on may 2, 1994. • Basel Convention on the Control of Trans‐boundary Movement of Hazardous Substances, ratified by Proclamation No. 357/2002. • Stockholm Convention on Persistent Organic Pollutants, ratified by Proclamation No. 279/2002, in 2002. • Convention concerning the Protection of World Cultural and Natural Heritage, ratified in 1972. • Convention on International Trade in Endangered Species (CITES), ratified in 1989. • Vienna Convention on Ozone Layer Protection (1990), ratified in 1996. • Montreal Protocol for Substances Depleting the Ozone Layer (1990); • United Nations Convention on the Law of the Sea. • Convention on Biological Diversity, ratified by Proclamation No. 98/94, on May 31, 94. • African Convention on the Conservation on Natural Resources. • International Plant Protection Convention.

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7 Institutional and Administrative Framework

7.1.1 Federal and Regional Administration The Federal Democratic Republic of Ethiopia comprises nine Regional States. The Federal Government acts from the centre to the regions and localities, and its respective duties and authority including fiscal matters at the different levels (Federal, Regional and Local) have been defined by the Constitution. The duties and responsibilities of the Regional States include planning, directing and developing social and economic programs as well as the administration, development and protection of natural resources of their respective regions. The basic administrative units in each Regional Government are the Woredas, which sub‐units are the Kebeles in urban areas and farmers associations in rural areas. Further, based on their authority and responsibilities the regional governments have established Sectoral Bureau, Commissions and Authorities.

7.1.2 Environmental Protection Authority The National Environmental Protection Authority (EPA) was re‐established under Proclamation No. 295/2002 as an autonomous public institution of the Federal Government of Ethiopia entrusted with the protection and conservation of natural resources in Ethiopia. The general role of the EPA is to provide for the protection and conservation of the broad environment, through formulation of policies, strategies, laws and standards, which foster social and economic development in a manner that enhance the welfare of humans and the safety of the environment sustainable. One of the environmental policies of the EPA is to protect and rehabilitate the fundamental causes that lead to degradation, adverse effects and determine mitigation measures. The policy is usually integrated and compatible to fit to a long term economic development strategy known as agricultural development‐ led industrialization (ADLI) and other key policies. As per sub‐article 2 of article 6 of Proclamation No.9 of 1995, environmental development and management as well as protection in Ethiopia are designated. In this case the socio‐environmental assessment needs to be reviewed and incorporated into different road project phases: at designing & planning, construction, monitoring, post‐project evaluation and maintenance phases. The EPA is the Competent Agency at the Federal level in Ethiopia. It is, therefore, the responsibility of this authority in the EIA process to:

• ensure that the proponent complies with requirements of the EIA process; • maintain co‐operation and consultation between the different sectoral agencies throughout the EIA process; • maintain a close relationship with the proponent and to provide guidance on the process; • evaluate and take decisions on the documents that arise from the EIA process.

7.1.3 Environmental Protection Unit The above described Proclamation No. 295/2002 requires at the Federal level each sectoral ministry to establish in‐house Environmental Protection Unit to ensure harmony with respect to implementation of the environmental proclamations and other environmental protection requirements. This Unit will form a lower level inter‐sectoral co‐ordination structure.

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7.1.4 Regional Environmental Agencies In accordance with the principles of government decentralisation and the Proclamation no. 295/2002, each national regional state shall establish an independent regional environmental agency or designate an existing agency that shall, based on the Ethiopian Environmental Policy and Conservation Strategy and ensuring public participation in the decision making process, be responsible for:

• coordinating the formulation, implementation, review and revision of regional conservation strategies, and

• environmental monitoring, protection and regulation. In addition, the regional environmental agencies shall ensure the implementation of federal environmental standards or, as may be appropriate, issue and implement their own no less stringent standards. These are expected to reflect the environmental management requirements at local level. The Oromia National Regional State and SNNPRS have established EPLAUA to look into environmental matters in the respective region.

The regional agencies do not have woreda level structure. Their roles are designated to multiple offices at the woreda level. Therefore, multi‐sectoral RAP implementation will be followed as described in Section 11.1.5.

Ethiopian Road Authority (ERA)

The Ethiopian Roads Authority (ERA), which is an autonomous public authority of the federal government, was re‐established under Proclamation 80/1997, and has responsibility for the overall planning of national road network development and maintenance, and the construction of trunk and major link roads, while responsibility of rural roads has been decentralized to Regional Rural Road Authorities (RRAs). Environmental and Social Management Team(ESMT)

ERA has established an Environmental and Social Management Team (ESMT) within the Planning and Program Management Directorate to address environmental matters arising from the road development program. The main responsibilities of the unit will include: ƒ Advising senior management and assisting in the decision‐making process on all road sector environmental issues; ƒ Ensuring that environmental issues are adequately addressed in connection with the activities of all ERA departments and divisions; ƒ Carrying out or supervising EIAs for road sector projects.

Right‐of‐Way (ROW) Teams

Following ERAs new restructuring which took place in 2010 five Right‐of‐Way Management Teams, have been organized under The Regional Office Directorate. The ROW Management teams are established in five regions and are responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrow pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). Right‐of‐Way Management Teams in liaison with the respective regional/local authorities, Wereda councils, Kebele administrations and community representatives establish the required compensation for structures,

Page 41 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan crop, vegetation and others, and effects payments to the project affected people. The legal aspects of claims and dispute resolutions shall be carried out by the legal advocate personnel assigned in each region.

The Legal Affairs Service Directorate

The Legal Affairs Service Division is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the division consists of drafting, reviewing, analyzing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the division in the authority. The legal affairs service division develops & implements strategies for claims and dispute resolutions which serve as inputs to the ROW Management Teams and regional legal advocates.

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8 Eligibility Criteria and Project Entitlement The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual and AFDB Involuntary Resettlement Policy. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation. All PAP and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their loses (permanent or temporary) at replacement cost. All PAPS, legal and illegal, are taken into consideration and accounted for. The cut‐off date for compensation eligibility has been set at 30 November, 2012. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. The consultant had given the full list of PAPs to each respective kebeles. Any person who constructs a house or a structure in the right‐of‐way after the cut‐off date will not be eligible to compensation or subsidies. The date has been made public to the people and to the local officials. The kebels have also informed the people. Compensation will not be paid for any structures erected, or trees planted purely for the purposes of gaining additional compensation after the cut‐off date. Compensation will be paid for public building, as well as private house owners. Also due compensation will be paid for public utilities, telephone and electricity poles as well as water pipes. All transitional and moving allowances and compensation for temporary land loss will be directly paid to those affected. Compensation, both small and large amounts, will be paid either in cash or by cheque, following the agreement with the individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs. The compensation principles for various affected population groups are given in the table below.

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Table 8‐1: Entitlement Matrix

Affected Population Categories Compensation Entitlements Compensation Strategy

- Full compensation to rebuild new - Relocate/rebuild house house within the remaining plot - Compensation value Residence inconvenience cost, to enable PAP to build better house and the cost of during transfer to the

new place. Households

- Full compensation to rebuild new Relocate/rebuild house within house. the remaining plot

Affected - Compensation value

POPULATION

inconvenience cost, to enable the PAP to build better house Business

Partially and the cost of transport during URBAN transfer to the new place. - Compensation for income restoration during construction and transfer. - Land replacement for housing Provide new land for rebuilding - Full compensation for housing house in the same town Residences - Disturbance allowance to cover cost of relocation and transport - Land replacement to re‐establish New plot with locational

Business similar business advantage to re‐establish business (income restoration) Affected - Full compensation for rebuilding - New land for rebuilding the Government Buildings

Fully Households new offices facilities - Land on abandoned route after - Relocate on/provide new reinstating farmland on abandoned

Due to realignment - Forgone benefits for 10 years route. and replacement land - Minimize impacts where possible - Forgone benefits for the duration - The temporary access road of impact. will be restored and Lands POPULATION Borrow and Quarry

- Restored farm land after closure returned back to the same Sites : temporary of sites owner after the Crop

RURAL construction is over. Borrow and Quarry Sites: - Forgone benefits for ten years

Affected Permanent

o Compensation Procedure In line with Art. 1478 of the Civil Code and as provided in the policy framework, all compensation will be effected ahead of the civil works. ERA will establish compensation committees in the towns comprising of representatives from local governments, representatives from project affect persons (PAPs) and the ERA right‐of‐way agent. Institutions and individuals responsible for the implementation of compensation have been defined in

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Section 7. In general managing RAP's implementation is the main responsibility of ERA and the local authorities. Relocation and compensation will be the responsibility of the committee. To this end the Implementing Committee will prepare a practical relocation and compensation schedule. During the stage where actual compensation will be executed all form of compensations will be accomplished after ascertaining that the proper owners of the assets are identified. Funds for payment of the compensation will be made by the ERA ROW Team or its Agent. Compensation, both small and large amounts, will be paid either in cash or by cheque, following agreement with individual PAP’s. Disbursements will be ensured by ERA and will take place in the presence of the Compensation Implementing Committee as well as the spouse or spouses of the individual PAP.

o Vulnerable Households The socio‐economic survey identified 661 vulnerable PAPs. The vulnerable PAPs are constituted of elderly people (above the age of 60) (293) and women heads of households (368). The names of project affected vulnerable households heads are given in Appendix 5. The socio‐economic survey also identified that among the PAP 15.7% have dissolved their marriages mainly by widowhood (14.5%) and in rare cases by divorce (1.2%). The proportion of widows is significantly high across the woredas placing women heads of households in a more vulnerable situation. Largely the traditional marriage law is followed which in most cases leaves women with limited resources. Moreover, widowed women do not often re‐marry implying that they need to survive with their own means.

At the time of implementing the compensation and the resettlement action plan of the project special attention, support and care should be given to female headed households and to the elderly. The support will be made in rebuilding their houses, transferring and transporting their household items and materials to the newly constructed residential houses or houses used for business purpose. Even though it may be difficult to quantify the support provided in monetary terms, these supports are to be considered as one form of “social compensation” for both the female headed households and elderly.

As described above, the vulnerable PAPs comprise of the elderly people (above the age of 60) and women heads of households (all ages). Amongst the women heads of households some belong to the working age group, hence recommended to be considered for employment during construction.Employment opportunities in the project especially positions that don’t require skill have to be used as an instrument to decrease the vulnerability of the project affected female headed HHs. During road construction equal opportunities should be given to men and women members of the local communities. At least 30% of the local people to be employed should be women.

Furthermore, during relocation of PAPs, special emphasis needs to be placed on ensuring that the compensation arranged for both men and women, is fair. To this end efforts have to be made that project affected women will participate in decision making positions e.g. women to be represented in the committees to be established at the community and woreda level (30% of members to be women).

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9 Methods of Valuing Affected Properties The basis of valuation of houses is Gross Current Replacement Cost (GCRC). The GCRC is defined as the estimated cost of erecting a building as new having the same total external area as that of the existing with the site works and services on a similar piece of land. The valuation process also considers the use of compensation value for affected properties. "Compensation Value" is defined as the amount to be paid to the leaseholder, it is calculated as an amount that is above the gross current replacement cost, including the costs for the inconvenience caused to the leaseholders by relocation, and to enable the same leaseholders to build slightly better houses than what they currently occupy. The compensation approach is based on the willingness of owners of a resource to give up their rights to that resource. Compensation for land structures, business, fixed improvements and other temporary impacts are based among other things on market valuation, productivity valuation, negotiated settlements, material and labor valuation, disposition of salvage materials and other fees paid. In determining the replacement cost for affected houses, the following points are considered: ™ The current construction cost for replacement (with no allowance for depreciation) is considered; ™ Those houses that are partially demolished/ affected are assumed as if the entire house is affected. Therefore, compensation for the entire house will be paid. The households who loose their houses due to the project will receive full replacement cost plus compensation value. The compensation value includes the family's expenses and loss in income in making the transition, which is duly recognized, accounted and compensated for to cover the loss of established business, the social disruption and inconveniencies. With this compensation value, the affected people can cover any expenses associated with their relocation/re‐housing including access to social and public services.

9.1.1 Method of Valuing Compensation for Loss of Houses The estimation of the unit cost of compensation was provided by woreda Administration. The following table presents the average unit costs applied for estimating the budget of reconstructing the affected houses and fence. Table 9.1: Unit Cost of Replacement

No Description ETB

1 Cement Block Wall / m2 1,500 2 Mud Wall Corrugated Sheet (MWCS) / m2 1,200 3 Tukul / m2 642 4 Wood and Vegetation Fence /m 200 5 eucalyptus tree 280 6 Crop land compensation/ha 197,350

9.1.2 Method of Valuing Compensation for Loss of Trees Compensation for eucalyptus tree will be based on yield and market price. Proliferation of stems is taken into consideration for determining the yield of eucalyptus trees. It is known that eucalyptus tree can actively give production every five‐year. For the first cut period, which is after five years from its plantation date, only one stem could be harvested. Then during its consecutive cut periods, the tree proliferates itself

Page 46 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan with three stems. Therefore, in the successive cutting periods three stems can be harvested from the same original root. Thus for sake of valuation three times cuttings is considered. Accordingly, one eucalyptus tree is supposed to yield seven stems in the coming 10 years. The current market price for one stem is ETB 30 (average of the prices obtained from the woreda agriculture offices). The compensation rate for the loss of one eucalyptus tree, therefore, will be ETB 280.

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10 Implementation Schedule The prime objective in formulating this programme is to ensure that compensation for houses and other properties is disbursed in time to enable the affected households constructing a habitable dwelling before demolition commences – a minimum of 3 months and a maximum of 5 months will be available. Discussions with PAP’s indicate that a new house can be built within 1 month if all the materials have been assembled. This time span is therefore adequate. The RAP schedule also makes provision for a series of activities before road construction commences to ensure PAP participation and consultation, namely: I. Land distribution for relocation II. Compensation to PAP’s III. Construction of new houses IV. Income restoration measures

Committee Formation Phase The ERA ROW Agent should request the respective woredas administration to form a committee at woreda level and in the affected towns and villages traversed by the project road including representatives of the PAP. The notification should contain the above‐recommended list of institutions that will be involved in the committee. It should also clearly indicate the timeframe given to undertake the task. The woredas in return will instruct the relevant woreda institutions to establish RAP Committees at woreda, municipality, and kebele level to coordinate and implement the RAP in the affected villages/towns.

Awareness Creation At this phase, the RAP committee members will make themselves clear about the duties expected from them. Any clarification about the scope of the project should be given by the ROW Agent. The committee members in return will provide full information to the Project Affected People so that the compensation program can proceed with the full participation of the people.

Compensation Payment Phase The compensation program will be executed in this stage. All form of compensations will be accomplished based on the decisions of the RAP committees. The proper owners of the assets will be checked against the study document for compensation. Funds for payment of the compensation will be made available by ERA.

Reporting Each Municipality/Kebele RAP Committee (MRC/KRC) will prepare monthly reports to be submitted to the Woreda RAP Committee (WRC). The WRC will consolidate the reports and prepare monthly progress reports on the accomplished RAP process to be submitted to ERA.

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YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 No MJJASONDJ FMAMJJ ASONDJ FMAMJJASONDJ FMAMJJ ASOND 1 PRECONSTRUCTION PHASE 1.1 ERA submits the RAPS budget to MoFED 1.2 ERA Reviews and submits the RAP to AfDB for review 1.3 Approval for RAP by the AfDB 1.4 Establishement of Rap- Implementing committee (IC) 1.5 Tendering and Award of design and supervision contracts 1.6 Conduct a right-of-way survey 1.7 ROW Report and detailed drawings showings project land acquisition requirements submitted to ERA 1.8 Detailed drawings mains services relocation requirements submitted to service provides 1.9 Implementation of RAP 1.1 Conduct a one day workshop for the IC members and local authorities concerning the process and responsibility 1.11 Confirm compensation and rates and relocation options through consultation with RAP IC and the Woreda counciles 1.12 Payment of Compensation 1.13 Provision of land 1.14 Construction of new houses 1.12 Installation of utilities for PAPs (electricity, and telephone) 1.13 Relocation of public utilities (electricity, and telephone by service provides) 2 CONSTRUCTION PHASE 2.1 Procurement process (Tender and award for construction) 2.2 Mobilization of the contractors 2.3 Land/property exproriation process during construction

2.4 Site clearance inspection and certificaion on completion of the works 3 MONITORING AND EVALUATION

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11 Compensation for Project Affected Property

11.1.1 Compensation for Loss of Houses The findings showed that the project would affect 247 housing units (42014.65 square meters) distributed over the 5 woredas. Out of the total affected house area the majority (187) are made from Tukuls (36707.09sqm), followed by 47 Mud Wall Houses with Corrugated Sheet Roof (MWCS) (3995.7sqm), 5 houses made of Hollow Cement Bock (HCB) (57.13sqm) and 8 made of Mud Brick wall (MB) (1254.73sqm). 98,206 meter of vegetation and wood fences will also be affected. The total budget requirement for compensating the affected houses has been estimated to amount to ETB 29,934,268.00. In particular ETB 4,794,840.00 will be allotted for Mud Wall Houses with Corrugated Sheet Roof (MWCS); ETB 23,565,952.00 for Tukul; ETB 1,504,920.00 for houses made of Mud Brick wall (MB) (1273.73sqm); ETB 68,556.00 for Hollow Cement Block(HCB) houses, and ETB 19,641,200.00 fence. Valuation method is provided in Section 9.

11.1.2 Compensation for Affected Farm Plots The 676.48ha farmlands affected by the project road will be paid at the rate of Birr 19,735.00 for one hectare of farmland per year (Birr 197,350.00 per hectare per 10 years). The total budget requirement for compensating farmlands affected by the road is estimated to be ETB 133,499,381.00. Valuation method is provided in Section 9.

11.1.3 Compensation for Affected Eucalyptus Trees An estimated 15,110 eucalyptus trees will be affected during the project road construction. The compensation budget requirement for the affected eucalyptus trees is estimated to be ETB 4.23 million at the rate of ETB 280 per tree. The calculation of the compensation rate for eucalyptus trees takes into account the proliferation of stems in the coming 10 years (refer to Section 9).

11.1.4 Compensation for Relocating Electricity and Tele Poles The project road will require the relocation of 76 electricity poles and 4 telephone poles. The head office of the Ethiopian Electric and Power Corporation and Telecom were requested to provide the amount for the relocation of the system. According to the authorities, the counting of the affected poles is not an adequate method for calculating the magnitude of total losses. The estimation requires on site evaluation by their experts. At this stage, an average cost of Birr 500 per pole can be used for preparation of relocation budget estimate. Exact cost assessment shall be done when actual relocation takes place. Based on this, the total budget required for relocating the affected 135 poles will be ETB 40,000.00.

11.1.5 Monitoring Cost In the affected towns, RAP Committees will be established, with the overall responsibility for the coordination, monitoring and reporting of the RAP implementation. Each RAP committee shall comprise five members representing sectoral offices. The committees require a budget of ETB 330,000 for executing their task for a period of at least three months. The following Table 11.1 summarizes the budget breakdown for implementation and M&E of RAP. External M&E is proposed to be carried out by an independent consultant, which will be hired to supervise the RAP. The budget for hiring the independent consultant is given in the last raw of the Table 11.1.

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Table11.1: Budget for RAP Implementation and M&E Item Description Unit Budget Daily allowance per member of RAP Committee Birr100/person/day 225,000.00 (25 persons 90 days) Logistics and office supplies Lump Sum 30000.00 Consultant fee (1.5 months) 50,000/month 75,000.00 Sub‐Total 330,000.00

11.1.6 Compensation for All Affected Properties The total budget requirement for compensating the affected properties has been estimated to amount to ETB 215,824,098.35. The costs include compensation for affected houses, relocation and implementation of M&E as well as 15% contingency (Table 11.2).

Table 11.2: Summary of Total Budget Requirement

Item Description Budget

Compensation for affected houses 29,934,268.00 Compensation for affected fences 19,641,200.00 Compensation for affected farm area 133,499,381.00 Compensation for affected trees 4,228,280.00 Compensation for affected tele & electric poles 40,000.00 RAP implementation and M&E budget 330,000.00 Sub‐Total 187,673,129.00 Contingency (15%) 28,150,969.35 Grand Total 215,824,098.35

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12 Monitoring, Evaluation and Reporting

12.1 General This monitoring and evaluation process should be an integral part of this RAP and will be a devise for overseeing the implementation of RAP, and the extent to which it complies with the recommendations set out in the RAP. Lessons learnt from the monitoring and evaluation results will be used to enhance the preparation and implementation of future resettlement action plans. The monitoring and evaluation process should be as much as possible participatory whereby all the stakeholders namely PAP, Woreda and Municipality, and Kebele administrations are involved.

12.2 Internal Monitoring The overall objective of internal motoring is to ensure that implementation complies with the approved RAP. The specific objectives are to:

• check the achievement of the acquisition and resettlement process against the planned time schedule and budget; • ensure that the channels of communication and consolation between the administrators and affected persons have been established and are operational; • ensure that compensation payments due to affected persons are paid in full and in a timely manner; • verify that the processing of grievances has taken place within the set time limits; • closely watch the adherence to lawful approved allocation of acquisition and resettlement funds so as to ensure the absence of corruption Internal monitoring will be the overall responsibility of the resettlement implementation agency (ERA). Monitoring and evaluation will be a continuous process. The day‐to‐day field supervision will be conducted by the Resident Engineers and captured in the monthly and quarterly progress reports, which are subject to review by ERA. In addition, an independent consultant (social scientist) will be hired to conduct an independent monitoring of the implementation of environmental and social mitigation measures. ERA will continuously take stock of all expropriation and compensation reports and discuss them on regular basis. ERA will produce quarterly progress reports. Municipality and Kebele level reports will be prepared on a monthly basis to be submitted to the woreda administration, so that prompt action can be taken if necessary by higher‐level officials without adversely affecting the RAP execution.

12.3 External Monitoring The key indicators for external monitoring will focus on outputs and impacts. External Monitoring will be conducted by an independent consultant who will be hired to supervise the RAP and the Environmental Mitigation Plan. The consultant will conduct an evaluation of the implementation of the RAP prior to the start up of the road construction and will continue to monitor the progress of the RAP and the Environmental Mitigation Plan during construction of the road, as well as monitor the impact of the RAP using the key output indicators. The monitoring process is an integral part of the RAP, and it will oversee the re‐establishment process of the Project Affected People (PAP). It will be a compliance monitoring and this will assist to follow the type of measures incorporated in RAP documents, and the extent to which recommendations on these matters,

Page 52 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan as set out in the RAP, are complied with. It is the objective of ERA to use lessons from the monitoring and evaluation results to enhance the preparation and implementation of future resettlement action plans.

12.4 Monitoring Plan The monitoring and evaluation process if possible should be Participatory Monitoring and Evaluation including all the stakeholders (PAP, Zonal, Woreda and Kebele administrations, NGOs, other Government organizations, and host communities) ERA will be responsible to monitor and evaluate the compensation and RAP in consultation with the independent consultant and if necessary with Woreda/Municipality/kebele administration offices and the PAP by adopting the following process and output indicators:

1. Pre‐construction Phase: • Compensation to be made according to agreement • Appropriateness of relocation sites • Appropriateness of the time schedule for RAP • Public infrastructures and social services re‐established • Support and assistance made to vulnerable groups and women

2. Construction Phase • Compensation to be made for additional land requirement • Restoration and restitution of PAP in the new site • Contractor operates within the boundary of handed over area • Appropriateness of grievance redress mechanism

3. Post Construction Phase • Land taken temporarily is well restored and returned to PAPs • Evaluate PAPs’ socio‐economic situation vs. a baseline situation

Table 12.1 Output indicators with tentative implementation timeframe

Indicator Time Frame

Three to five months before handing Establish RAP Implementation Committees at all levels over project to the Contractor (week one) Conduct workshop for the RAP Implementation Committees and local Week two after committee has been authorities concerning the process and responsibility established Confirm compensation and rates and relocation options through From week three to week seven consultation with RAP IC and the Woreda Administration Payment of Compensation From week four to week nine Provision of land From week four to week nine Construction of new houses From week four to week twelve Installation of utilities for PAPs (electricity, and telephone) From week four to week ten Relocation of public utilities (electricity and telephone) by service providers From week one to week five

The monitoring report by the RAP‐Implementing Committee will be submitted to the local authority (wereda for rural areas and municipality for towns). A copy of this will be submitted to the zone and

Page 53 Techniplan Ethiopia. Modjo‐Hawassa Lot 1 Modjo Zeway Resettlement Action Plan regional resettlement office by the EB of ERA. It will also be enclosed in the construction progress reports submitted by supervising engineers. Only in this way can RAP implementation be monitored and problems identified and quickly resolved. The main purpose of monitoring will be to verify:

• Actions and commitments described in the RAP are implemented • Eligible project affected people receive their compensation prior to the civil work • The magnitude of RAP actions and compensation measures in restoring and improving pre‐project livelihoods and lost incomes • Complaints and grievances forwarded by project affected people are followed up and appropriate corrective measures are taken • If necessary changes in RAP procedures are made to improve delivery of entitlements to PAPs • Compensation disbursement is made to correct parties • The physical progress of resettlement and rehabilitation • Restoration of social services and amenities • Special care and assistance provided to social groups in need of additional assistance

12.5 Gender Monitoring and Evaluation in RAP During ESIA Both positive and negative gender related impacts were isolated and gender issues have been analyzed and mitigation measures to curb gender related negative outcomes put in place as well as benefit enhancement measures were identified, such as equal employment opportunities, attention to women during resettlement, targeted HIV/AIDS messages to women and girls, among others. In order to address these and other issues raised, and in line with the ERA’s and AFDB gender policies, the project has to incorporate Gender Mainstreaming Plan of Action to be carried out during implementation. The gender Plan of Action, among other things, will empower women through ensuring that women are encouraged to seek employment in the project and that they are not discriminated against in the recruitment process.

During ESIA a specialized service providing firm was recommended for the implementation of HIV/AIDS; STD program The specialized service provider will combine the delivery of Gender Mainstreaming Plan of Action with HIV/AIDS, STI awareness and prevention program.

The day to day activities of the HIV/AIDS, STD and Gender activities will be monitored by the Environmental Management Unit (EMU)/ of the supervision consultant. The specialized service provider will prepare monthly and quarterly reports to be submitted to the supervision consultant. The reports will provide updated information on will include HIV/AIDS, STD and Gender program implementation highlighting key issues and problem areas and recommended measures for resolving identified bottlenecks. The supervision consultant will forward the progress reports to ERA’s Women’s Affairs Directorate (WAD). ERA’s Women’s Affairs Directorate (WAD)will monitor the progress of the Gender not only through these monthly and quarterly reports but will also make at least two field visits annually to the project site.

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13 The RAP Disclosure The Resettlement Action Plan will be officially disclosed through the Oromia Region and SNNRS Radio and TV Programs, by ERA. The Oromia Region and SNNR radio and TV programs are widely followed in the project area. Later on copies of the detailed RAP will be distributed to local councils and the displaced persons in a form, manner, and language that are understandable to them. In addition, the RAP will be disclosed through the Federal Government media, namely the Ethiopian Television and Radio, and the Ethiopian Herald and Addis Zemen newspapers. The executive summary of this RAP will also be posted on ERA’s Official web site as well as on the funding institution web site.

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14 Conclusion and Recommendation

14.1 Conclusion

• The existing Modjo‐Hawassa road is providing service for mixed motorized & non‐motorized means of transport which significantly reduce its efficiency and also result in accidents. The accelerated development of the country and in particular the GTP requires an efficient road network, and implementation of the proposed Modjo – Zeway new dual carriageway project is essential in this regard.

• Implementation of the road project will contribute to reduce accidents and the associated loss of resource and human lives. The present and potential high emissions from vehicular congestion, especially in town sections, and the associated impact on public health will be reduced by the project.

• The major adverse impacts with the project result from land take for new road pavement & material sites development. This will result in loss of productive agriculture land, loss of settlement house, loss of scattered trees in the acacia woodland & remnant Montana forest. Other adverse impact by the project includes erosion & sedimentation, water pollution risk, public health, HIV/AIDS. With implementation of the proposed mitigation measures & proper compensation the adverse impact can be controlled to acceptable level.

14.2 Recommendations

Implement the proposed environmental mitigation management & monitoring plan, and based on site specific condition update the plan.

Include the necessary environmental clauses in the project tender & construction contract document so as to ensure the implementation of the proposed mitigation measures to minimize/avoid adverse impacts;

Insure an independent environmental supervision through establishment of Environmental Management Unit (EMU) as part of the supervision consulting service. The EMU shall be staffed with qualified professionals (environmentalist & sociologist) to the effective implementation of proposed mitigation management & monitoring measures;

Integrate the project road with all concerned regional & national government development plan, among others are municipality & weredas in the project road area;

Undertake RAP through detail investigation of adverse impacts on the socio economic and human environment;

Strengthen the capacity of ERA ESMT to inspect proper implementation of ESMP during construction and to carry out routine inspections during the road service period;

Support the new road route micro catchment treatment and management through promoting and implementing conservation measures.

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The Lot 1 Modjo ‐ Zeway Road Project shall be implemented in parallal with Lot 2 Zeway – Hawassa Road Project, for the overall improvement of road transport & efficiency of Modjo – Hawassa road, and possibly integrate environmental managmenet & monitoing activities.

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15 List of References

1. Environmental Policy of Ethiopia (part of the Conservation Strategy of Ethiopia), 1989.

2. FDRE, Environmental Protection Authority, Environmental Impact Assessment Guidelines Document, Addis Ababa, July 2000.

3. FDRE, Environmental Protection Authority, Environmental Impact Assessment Procedural Guideline Series 1. December 2003, Addis Ababa.

4. ERA Environmental Management Manual, August 2008.

5. ERA’s Resettlement/Rehabilitation Policy Framework, 2002

6. FDRE Proclamation No. 1/1995. The Constitution of Federal Democratic Republic of Ethiopia.

7. Proclamation No. 295/2002. Proclamation for Establishment of Environmental Protection Organs.

8. Proclamation No. 299/2002. Environmental Impact Assessment Proclamation.

9. Proclamation No. 300/2002. Environmental Pollution Control Proclamation.

10. Proclamation No. 209/2000. Proclamation on Research and Conservation of Cultural Heritage.

11. Proclamation No. 456/2005. Proclamation on Rural Land Administration and Land Use.

12. Proclamation No. 197/2000. Proclamation on Ethiopian Water Resources Management.

13. Proclamation No. 541/2007. Proclamation on Development, Conservation and Utilisation of Wildlife.

14. Proclamation No. 542/2007. Proclamation on Forest Development, Conservation and Utilisation.

15. Proclamation No. 56/2002, Oromia Regional State Land Administration and Land Use Proclamation

16. Regulations No. 135/2007. Regulations on Payment of Compensation for Property Situated on Landholdings Expropriated for Public Purposes.

17. The Water Resources Policy of Ethiopia. Ministry of Water Resources,1998.

18. The Wildlife Policy of Ethiopia. Ministry of Agriculture and Rural Development, 2006.

19. The 2007 Population and Housing Census of Ethiopia: Statistical Report for Oromiya Region; Part I to IV

20. The 2007 Population and Housing Census of Ethiopia: Statistical Report for Southern Nations, Nationalities and Peoples’ Region; Part I

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Annex 1: List of PAPs and properly loss

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Annex 2: Response to EPA comment EPA comment ERA Response

Introductory Remarks EPA highlights the importance of the envisaged project by connecting with

1.1 The Modjo‐Hawassa Road Project (Lot 1 Modjo‐Ziway) Millennium Development Goal will have multifaceted Socio‐economic and commitment by the government and environmental benefits and will contribute to the recent Growth and Transformation Plan. ongoing efforts of the Government of Ethiopia to ERA share the idea and no other realize the objectives of the Growth and response. Transformation Plan and the achievement of the Millennium Development Goads, among others. Hence, the project will deserve all the required supports which enhance its implementation.

1.2 The RAP is well prepared in line with the Environmental and Social Impact Assessment requirements of the country. However, the following comments should be considered to maximize the beneficial impacts and minimize/avoid any adverse impacts of the project.

Major Comments The comment is accepted the TOR reference is also attached as per the 2.1 Terms of Reference (TOR): The report should include a comment. TOR for the consultancy firm commissioned to undertake the preparation of the RAP and consultants renewed legal Certificate. Thus, this gap has to be addressed to enable us to properly review the environmental impact study report of the project

2.2 List of experts engaged in the study: The document List of all the experts involved on the doesn’t disclose experts who are being engaged in the RAP study of social and environmental part of preparation. Thus, to properly enable us to review and give the proposed road design, their our comments, the list of all experts (including the names responsibility along with their address of their organizations, addresses, experiences and has been attached. EPA can follow up by educational background etc) engaged in the study should involving the relevant institution for the be included in the plan. This information is decisive to know said corruption with experts of federal whether there are any corruptions related with experts of and regional environmental authorities. federal and regional environmental authorities and federal government sector organizations.

2.3 Assumption and/Gaps in knowledge: The report lacks a Uncertainties in this impact assessment: section that deals with “assumption and/or Gaps in Knowledge.” Thus, this gap should be addressed. The principal uncertainties in this impact assessment are related to the nature and

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extent of site‐dependent potential impacts associated with ancillary works such as quarry sites; borrow areas, construction campsites, crusher site, etc. Though, the approach taken to mitigate the potential has considered the above mentioned ancillary works, some uncertainty will remain uncertain until specific sites have been known precisely and how the contractor proposes to develop them. The approaches followed in this RAP provide an effective means to mitigate and minimize impact that could occur due to unspecified sites dependent activities. Refer section 2

2.4 Compensation cost for each project affected person The comment is very relevant and noted. and facilitation of the resettlement process: The RAP has But the inventory sheet which indicates disclosed detailed information with regard to project compensation for each PAPs was affected persons, including list and profiles of PAPs at 70m purposefully omitted from the RAP in ROW and affected properties (see Appendix 1), and unit order to avoid the voluminous of the rates of compensation (Appendix 4), among other things. document. Now, as per the comment we However, it has not yet indicated the amount of have attached the inventory sheet which compensation to be paid (based on the standard shows compensation amount per estimation) for each project affected person; and this affected items. disclosure is useful to be transparent and accountable among concerned stakeholders, including the Ethiopian The Roadside planting and associated Roads Authority, as well as to respect to the constitutional cost clearly indicated in different sections right of the PAPs. Furthermore, the RAP should identify of ESIA. For instance, on page 71 relevant issues (outside the 70m ROW, including the (environmental impact mitigation roadside plantation and additional budget estimation (as section), on page 88 (environmental deemed necessary) that facilitate speedy resettlement clauses to be included within the bid process of Project Affected Population and Provide a two‐ document, and page 123 (environmental way compensation to the resettling and settlers receiving impact mitigation cost. Therefore, please communities. Hence, these gaps should be addressed. refer ESIA for further information.

2.5 Minutes of Public Consultation (Appendix 3): In most of We found that the comment is very the translated pages, information is not given whether the relevant and we share concern of the indicated participants have signed on minutes. Moreover, reviewer. As the subject road is very most of Amharic and Oromiffa/ Qube versions of the different from other projects, large minutes are not signed; and reasons are not given why the number of consultation separately by participants have not signed the minutes. Therefore, these consultant, in the presence of ERA and gaps should be addressed and minutes have to be signed to consultant as well as in the presence of check whether their constitutional rights are respected. African Development Bank missions were conducted. Even on some of the consultations there were public medias.

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The point is in small gathering all the participants have signed. But in the large gathering where more than three hundred participate took part it was not possible even to take their name. As a result only cabinet members and wereda administrators and elders have signed.

2.6 Conclusion and Recommendation: The RAP document The comments noted. The conclusion and lacks sections that deal with Conclusions and recommendations have been included Recommendations highlighting key issues and strategies (to be) employed for compensating unavoidable adverse impacts as well as reducing the associated risks of the project, among others.

3. Specific comments

3.1 Table of Contents: The document lacks table of The comments noted. Table of contents contents. Thus, it is advisable to include it for the ease of have been included as per the comment. crosschecking and reference.

3.2 Page number: Page numbers are not given for the Comments noted and the document is executive summary section. Moreover, proper paging is not updated as per the comment used for appendix part (e.g. see Appendix 3). Hence, this gap should be addressed.

3.3 Action taken to review comments: it is preferable if you Comments accepted and this response include the action you have taken (in line with the review matrix is in response to the comment comments given above) in the annex part of the document for ease of crosschecking.

Conclusions Yes, we found all the comments are relevant and help the smooth 4.1 In general, it is of significant importance to include implementation of the RAP. To the extent relevant responses into the report based on the above possible, we have tried to address all the stated review comments. It is believed that the comments and updated the document. incorporation of the comments will improve the contents and more significantly assists the successful implementation of the project.

4.2 Therefore, the project proponent should give the Comments accepted required emphasis to a aforementioned general and specific review comments (through incorporating appropriate responses/actions into the report) so as to maximize the beneficial impacts and avoid/minimize adverse impacts of the project as well as to enhance the issuance of the environmental clearance for implementation of the project.

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Annex 3: Minutes of Meetings

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Annex 4: Unit Cost

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Annex 5:Photo of Public Consultation

Photos showing Public Consultation and Affected Properties

Photo 1: Meki surrounding 4 kebele representatives . Photo 2: Meki surrounding 4 kebele representatives

Photo 3: Mojo surrounding 2 kebele representatives Photo 4: Mojo surrounding 2 kebele representatives

Photo 5: Zeway Surrounding 11 kebele representatives Photo 6: Zeway Surrounding 11 kebele representatives

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Photo 7: Hawasaa Surrounding 4 kebele Photo 8: Hawassa Surrounding 4 kebele representatives. representatives..

Photo 9: Hawasaa Surrounding 4 kebele Photo 10: Shashemene Surrounding 3 kebele representatives. representatives.

Photo 11:Arsi Negelesurrounding 4 kebele Photo 12: Consultation with Arsi Negele woreda cabinet. representatives.

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Photo 13: Consultation with Lome woreda cabinet. Photo 14: Consultation with Lome woreda cabinet.

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Annex 6: Terms of Reference

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