RESETTLEMENT ACTION PLAN

Resettlement Action Plan- AB 21 Road, FOR

REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) ROAD SECTION OF 12.7KM

MINISTRY OF MEGAPOLIS AND WESTERN DEVELOPMENT

Prepared by STARTEGIC CITIES DEVELOPMENT PROJECT (SCDP) Sethsiripaya, Battaramulla

February 2019

Resettlement Action Plan- AB 21 Road, Jaffna

Contents Abbreviations ...... v Glossary of Terms ...... vii Executive SummAry ...... xi CHAPTER ONE ...... 1 1. PROJECT DESCRIPTION ...... 1 1.1 INTRODUCTION ...... 1 1.2 SUB PROJECT AREA (AB 21 ROAD) ...... 2 1.3 EXISTING CONDITION OF THE ROAD ...... 3 1.4 SIGNIFICANCE OF THE SUBPROJECT ...... 4 1.5 Proposed civil works of the AB21 Road section ...... 5 1.6 Design Alternatives CONSIDERED ...... 5 1.7 Preparation of Resettlement Action Plan ...... 7 CHAPTER TWO ...... 8 2. Social Impact Assessment ...... 8 2.1 Background ...... 8 2.2 Methodology of Social Impact Assessment ...... 8 2.3 Scope of Land Acquisition and Resettlement ...... 9 2.4 IMPACTS OF LAND ACQUISTION ...... 12 2.5 Impact on BUILT Structures ...... 17 2.6 Impact on Government assets ...... 18 2.7 Impacts on trees...... 18 2.8. Impacts on crops ...... 19 2.9 Impacts on Common Utilities ...... 20 2.10 Construction Related Impacts and Mitigation Measures ...... 20 2.11 Socioeconomic Profile of the Project Affected Persons ...... 22 CHAPTER THREE ...... 28 3.0 Legal and Policy Framework ...... 28 3.1 Introduction ...... 28 3.2 Legal Framework for Involuntary Land Acquisitions ...... 28 3.3 Gaps between Country and World Bank Safeguards Requirements ...... 35 CHAPTER FOUR ...... 39 4.0 Eligibility and Entitlements ...... 39 4.1 Introduction ...... 39 4.2 Eligibility ...... 39 4.3 Cut-off Date ...... 40 4.4 Disputes Relating to Compensation ...... 40 4.5 Entitlement Matrix ...... 40 CHAPTER FIVE...... 44

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Resettlement Action Plan- AB 21 Road, Jaffna

5.0 INFORMATION DISCLOSURE, Public Consultation and Participation ...... 44 5.1 Preliminary Consultations ...... 46 5.2 Consultations during Resettlement Planning Stage and the Initial Design Completion stage 47 5.3 Information Disclosure ...... 48 CHAPTER SIX ...... 50 6.0 Grievance Redress Mechanism ...... 50 6.1 Structure of the GRM ...... 50 CHAPTER SEVEN ...... 53 7.0 Institutional Framework ...... 53 CHAPTER EIGHT ...... 57 8.0 Resettlement Budget and Financing ...... 57 CHAPTER NINE ...... 59 9.0 Implementation Schedule ...... 59 CHAPTER TEN ...... 60 10.0 Monitoring and Evaluation...... 60 10.1 internal monitoring ...... 60 10.2 External Monitoring ...... 62 Annexures ...... 63 Annex 1: Inventory of Losses ...... 64 Annex 2 Letter from GA on Land Mines Clearance ...... 72 Annex 3: Social Impacts Mitigation Plan ...... 73 Annex 4: Letter of consent for shifting Kakkaitivu Narasimar Kovil ...... 80 Annex 5: List of Participants AT Consultations ...... 81 Annex 6: Brochure used for information disclosure ...... 92 Annex 7: Media notification about the rehabilitation of AB 21 Road section ...... 93 Annex 8: Announcement notification of the cut-off date ...... 94 Annex 9: Chainage wise land acquisition and impactS ...... 95 Annex 10: PCR Clearance for Sri Narasinger Kovil Kakkaitivu relocation ...... 96 Annex 11: design of Kovil ...... 97 ANNEX 12: Layout of Water Supply Line- Valikamum South West PS ...... 98

Table 1: Details of land affected by acquisition ...... xii

Table 2: Detail of traffic survey ...... 2

Table 3: Structures located along the road section ...... 3

Table 4: Impacts on structures designs...... 6

Table 5: Advanced Tracing ...... 9

Table 6: Ownership of land required for the project ...... 10 ii

Resettlement Action Plan- AB 21 Road, Jaffna

Table 7: State land to be taken over for road rehabilitation ...... 10

Table 8: Kovil land to be taken over for road rehabilitation ...... 11

Table 9: Church land to be taken over for road rehabilitation ...... 11

Table 10: Affected land and landowners ...... 12

Table 11: Land use pattern of the affected land ...... 13

Table 12: The Extent of Private Land Acquired from APs ...... 13

Table 13: The Extent of Private Land Acquired from APs ...... 14

Table 14 : Land use pattern of the affected land owned by Kovil ...... 15

Table 15: Land use pattern of the affected land owned by Churches ...... 16

Table 16: Damages to be caused to auxiliary structures of Private Parties ...... 17

Table 17: Affected Trees and their estimated values ...... 19

Table 18: Impact on Paddy lands ...... 19

Table 19: Impacts on common utilities ...... 20

Table 20: Project influenced GN Divisions ...... 23

Table 21: Demographic Profile ...... 23

Table 22: Educational attainments ...... 24

Table 23: Livelihoods of the households ...... 25

Table 24: Average monthly household incomes and expenditures ...... 27

Table 25: Land Acquisition Process under Land Acquisition Act No. 9 of 1950 ...... 29

Table 26: A compliance review of the legal and policy framework of the Government of Sri Lanka and the safeguards principles of World Bank’s Involuntary Resettlement Policy ...... 36

Table 27: Entitlement Matrix ...... 41

Table 28: Stakeholder Consultations ...... 44

Table 29: Key issues discussed during subproject’s planning stage ...... 47

Table 30: Key issues discussed at consultations ...... 48

Table 31: Contact Persons of the Subproject ...... 52

Table 32: Roles, responsibilities and reporting procedures of SCDP Social Safeguard Staff in RAP preparation and implementation for AB 21 Road ...... 53

Table 33: Key functions of support agencies and institutional mechanisms for RAP implementation .. 55

Table 34 : Resettlement Budget ...... 58

Table 35: Implementation Schedule ...... 59

Table 36: Indicators for Monitoring and Evaluation ...... 61

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Resettlement Action Plan- AB 21 Road, Jaffna

Figure 1: Proposed section of AB21 road for rehabilitation ...... 2

Figure 2: Kovil building to be relocated ...... 16

Figure 3: GRM Diagram ...... 51

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Resettlement Action Plan- AB 21 Road, Jaffna ABBREVIATIONS BP Bank Procedure CDO Community Development Officer CEA Central Environmental Authority CEB Ceylon Electricity Board CSO Community Service Organization DS Divisional Secretary DSD Divisional Secretary Division EAC Entitlement Assessment Committee EIA Environmental Impact Assessment EM Entitlement Matrix FGD Focus Group Discussion GAP Gender Action Plan GN Grama Niladhari GND Grama Niladari Division GOSL Government of Sri Lanka GRC Grievance Redress Committee GRM Grievance Redness Mechanism HH Household IEE Initial Environmental Examination IGP Independent Grievance Panel IOL Inventory of Losses IR Involuntary Resettlement IRP Income Restoration Program JCR Jaffna City Region JMC Jaffna Municipal Council LA Local Authority LAA Land Acquisition Act LAR Land Acquisition Regulations LARC Land Acquisition and the Resettlement Committee LDO Land Development Ordinance LF Live Fence LRC Local Resettlement Committee MC Municipal Council MM&WD Ministry of Megapolis and Western Development NCW National Committee on Women NEA National Environment Act NGOs Non-Governmental Organizations NIRP National Involuntary Resettlement Policy NPSC National Project Steering Committee NWS&DB National Water Supply and Drainage Board OP Operational Policy PAA Project Approving Agency PAH Project Affected Household

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Resettlement Action Plan- AB 21 Road, Jaffna

PAP Project Affected Person PC Provincial Council PCR Physical Cultural Resource PD Project Director PEA Project Executing Agency PIU Project Implementation Unit PMU Project Management Unit PPAs Project Partner Agencies PS Pradeshiya Sabha R&R Resettlement and Rehabilitation RAP Resettlement Action Plan RDA Road Development Authority RoW Right of Way RPF Resettlement Policy Framework R&R Resettlement and Rehabilitation SA Social Assessment SIA Social Impact Assessment SCDP Strategic Cities Development Project SDO Social Development Officer SLRs Sri Lankan Rupees SLT Sri Lanka Telecom TSF Tin Sheet Fence UC Urban Council UDA Urban Development Authority WB World Bank

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Resettlement Action Plan- AB 21 Road, Jaffna GLOSSARY OF TERMS Affected Person: Any person, group, community, people who, as a result of the implementation of SCDP, was/were affected by loss of the right to own, use or otherwise benefit from land (residential, agricultural, commercial), water, livelihood, annual or perennial crops and trees, a built structure, or any other fixed or movable assets, either in full or in part, permanently or temporarily. Business Owner: Any person who owns or conducts a business within the project-affected area, the operation of which may be disrupted by the construction work under the project. S/he can be a legal owner, non-titled structure owner, or tenant and will receive different compensation and R&R packages as per the Entitlement Matrix (EM). Census: Complete enumeration based on a household questionnaire that covers all affected persons, irrespective of ownership and entitlement, and their assets. It can be used to minimize fraudulent claims made by people who move into the project affected area in the hope of being compensated or resettled. Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project, at the time the asset needs to be replaced. Cut-off date: The cut-off date for eligibility for entitlement for the titleholders is the date of notification under the Land Acquisition Act (LAA) and/or date of the start of the censuses. Persons who encroach on the area after the cut-off-date are not entitled to claim compensation or any other form of resettlement assistance. The cut-off date will be publicly announced as detailed in the RAP. Encroacher: Someone who has illegally expanded, or extended the outer limit of his private premises beyond the approved building line or agricultural land and has occupied public space beyond his/her plot or agricultural land. Entitlement: A variety of measures comprising compensation, income restoration, transfer assistance, income substitution, relocation and other benefits which are due to affected people, depending on the nature of the their losses, to restore their economic and social base. Gender Equity: Recognition of both genders in the provision of entitlements, treatment and other measures under the Resettlement Action Plan. Host Population: People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement. Household: Persons who may or may not be related to each other and who live under one roof and typically have common cooking and eating arrangements. Indigenous People: “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees:(a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;(b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories (c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (d) an indigenous language, often different from the official language of the country or region. The only historically known indigenous people in Sri Lanka called Veddas (‘forest dwellers’) are recognized as citizens of the country under the Citizens Act 1948, enjoy all rights and privileges enshrined in the vii

Resettlement Action Plan- AB 21 Road, Jaffna Constitution of Sri Lanka, and have guaranteed equal access to justice through the constitutional provisions. Social Assessments confirmed that there are no IP communities live in selected urban regions for project interventions. Involuntary Resettlement: Resettlement is involuntary when it occurs without the consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Implementation Schedule: Timeframe of activities of the project Income Restoration: Re-establishing income sources and livelihoods of people affected. Land Lot: A land lot refers to a portion of land belong to a PAP/PAPs or government institution. The department of surveys defines a lot as the basic unit of land after demarcation of their boundaries. Land Owners: Owners of land with or without trees, crops or structures affixed to the land with clear title in government records. In some exceptional cases, a person who owns land/s within the project-affected areas regardless of proof of such ownership will also be entitled, provided that such ownership is recognized under law. In such cases, special decisions will be taken by the LARC in consultation with the local authority, and the community. Livelihood: A means of living such as agriculture, animal husbandry, fishing, wage labour, services of various types etc. Non-Resident Land and Structure Owners: Legal land owners who are not in possession of their land either because they have rented or leased out their said land and property affixed to it, or such land has been taken possession of by any other person. OP 4.12: World Bank’s OP. 4.12 safeguard objective is to avoid or minimize involuntary resettlement and where it is not feasible, assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Project Affected Household (PAH): Any household or a family that faces an impact as a result of the implementation of the project, subproject activity, etc., loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, commercial) annual or perennial crops and trees, or any other fixed or movable assets, either in full or in part, permanently or temporarily that could affect livelihood. Project Affected Household Head (PAHH): Any person who is representing the head of family or household, as a result of the implementation of the subproject, etc., loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, commercial) annual or perennial crops and trees, or any other fixed or movable assets, either in full or in part, permanently or temporarily that could affect livelihood. Reconciliation: The process of making it possible for different groups to exist together without being opposed to each other and develop the degree of cooperation necessary to share the society so that all will have better lives together than living in separation. Relocation: Rebuilding housing, assets including productive land and public infrastructure in another location. Rehabilitation: Re-establishing incomes, livelihoods, living and integration with social system.

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Resettlement Action Plan- AB 21 Road, Jaffna Replacement Cost: The rate of compensation for lost assets should be calculated at full replacement cost. The replacement value is the cost that is adequate to purchase similar property of same quality in the open market and cover transaction cost. In applying this method of valuation depreciation is not taken into account. For losses that cannot be easily valued or compensated attempts are made to establish access to equivalent and culturally appropriate resources and earning opportunities. Resettlement: A process to assist the displaced people and communities to replace their lost land, houses, assets and restore access to assets and services, and improve their socioeconomic and cultural conditions. It includes settlement of displaced people on buildable land or houses/ apartments in the same locality with barrier-free access to basic amenities. New settlement schemes in the context of development projects or subprojects /resettlement/ reconciliation following restoration of law and order including restoration of livelihoods, incomes and assets bases and assistance to rebuild life after being resettled are also included in resettlement. Resettlement Action Plan (RAP): The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement Assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelters, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resentment and defray the expenses of a transition to a new locale, such as moving expenses and lost works days. Resident Land and Structure Owners: Owners with clear title deeds for the land and structures which they are currently occupying for their own use, residential, commercial, cultural or religious purposes. Stakeholders: Any and all individuals, groups, organizations and institutions interested in and potentially affected or benefitted by a project having the ability to influence a project. Squatter: Someone who has occupied public or private land, developed structures on it and put such land into residential, agricultural or commercial use without obtaining development permission and formal title under law. Sub Families: Second or third family living in the same house registered under the same or separate register of electors at least 3 years prior to the date of the order published under Section 2 Notice. Tenants and Lessees: Occupants that have legally taken any land or properties or both on rent or lease for a specific period with registered papers recording agreed terms and conditions as permitted under law. Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. This category specifically refers to families supported by women and not having able bodied male members who can earn; families of physically or mentally challenged, very old and infirm persons, who are not able to ix

Resettlement Action Plan- AB 21 Road, Jaffna earn sufficiently to support the family; and families that are very poor and recognized by the government as living below poverty line.

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Resettlement Action Plan- AB 21 Road, Jaffna EXECUTIVE SUMMARY I. The Strategic Cities Development Project (SCDP) is implementing a city region urban development programme under the Ministry of Megapolis and Western Development of Sri Lanka with financial assistance from the World Bank (WB). This program has been extended to Jaffna city region with additional financing of USD 55 million. The rehabilitation of a section of the Ponalai Point Pedro Road (A21 road) scheduled to commence in May 2019, constitutes one of the components under Jaffna city region development program.

II. The section earmarked for rehabilitation of the A21 road stretches from Jaffna Hospital Junction (1+830 Km) to Ponalai Junction (14+600 Km) covering a total distance of 12.7km. The rehabilitation work includes the widening of the road from 4.5 meters to 8.8 meters. The rehabilitation of the road requires acquisition of approximately 7.71 ha (3,050.4 perches) of land comprising 277 land lots. The initial road design prepared in July 2016 had significant impacts on residential structures located beside the road. As per the original design of the trace, the subproject would have had adverse impacts on 50 residential structures, 33 commercial structures and 3 religious places. Though this original design was revised in September 2017 to minimise the potential impacts, yet there had been no significant reduction of the impacts could be achieved. The revised design had impacts on 49 residential structures, 26 commercial structures and 3 religious places. Given the magnitude of the impacts, the revised design was abandoned and, a third design was prepared in January 2018 which demonstrated a significant reduction in the previous impacts. Accordingly, the subproject will now cause partial damages to 2 commercial structures and full damages to one religious place.

III. The AB21 road traverses Divisional Secretary Divisions of Jaffna, Valikamam West and Valikamam Southwest. The three Divisional Secretary Divisions encompass 15 Grama Niladhiri Divisions (GNDs), whose population estimated at 30,308 will be the beneficiaries of the road once it is rehabilitated. All persons/households to be affected by the project were enumerated in a census and socio economic survey conducted in April 2018.

IV. Of the 7.71 ha (3,050.4 perches) of land comprising 277 lots required for road widening, state land constitutes 79.47%. This state land of 6.13 ha (2,424 perches), is vested with the Road Development Authority (RDA), Divisional Secretary, Pradeshiya Sabha and the Palmyra Development Board. The total number of land lots under the state is 46. The land belonging to private individuals and the religious institutions comprise 16.66% and 3.32% respectively. The private land covers 189 lots, while the land belonging to religious institutions includes 32 lots. Moreover, a community based funeral aid society will lose one land lot. The landowners for 9 of the private land lots could not be traced during the census survey. The acquisition of the rest 189 land lots will affect 163 landowners, whose household population is estimated at 735. This population comprises 387 males and 348 females. The heads of 34 households fall into vulnerable categories.

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Resettlement Action Plan- AB 21 Road, Jaffna

Table 1: Details of land affected by acquisition Land APs category No. of APs No. of Lots Extent (Perch) State 4 46 2,424.0 Private 163 189 508.1 9 9 16.0 Not Known Kovil 5 25 69.1 Church 3 7 32.3 Community 1 1 0.9 Organization Total 185 277 3,050.4

V. Land acquisitions for the project will not cause any physical displacements of the affected households. However, land acquisitions will affect a small bicycle repair workshop, a fishing gear storage room and a small Kovil. The bicycle repair workshop will be fully affected requiring its relocation in a nearby land owned by the AP. The fishing gear storage room used by fishermen and belonging to the Valikamam South West Pradeshiya Sabha, requires to be reconstructed in the remaining portion of same land. Moreover, a small Hindu Kovil will be relocated in the remaining portion of same land owned by the Valikamam South West Pradeshiya Sabha.

VI. Any potential adverse impacts on primary structures such as residential structures were avoided by incorporating changes to the technical design. However, some impacts are anticipated on auxiliary structures such as boundary walls, fences, gates and toilet pits.

VII. The resettlement planning including entitlements and compensation for project affected persons will be guided by the Land Acquisition Act of 1950, Land Acquisition Regulations of 2008 and 2013, the National Involuntary Resettlement Policy (2001) of Sri Lanka, the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the Resettlement Policy Framework of SCDP. The entitlement matrix (EM) based on the above policies provides for specific compensation measures and assistance applicable to each category of affected persons.

VIII. Information dissemination, and consultations with affected persons and other stakeholders continued throughout the resettlement planning process. Consultations and information dissemination processes will extend to rest of the project cycle

IX. The MM&WD is the PIA responsible for overall project coordination and implementation. The PMU established in the MM&WD is responsible for the management and coordination of all sub projects. The PIU established in Jaffna is responsible for implementation and coordination of all sub projects identified for the particular city region.

X. The PMU of SCDP is responsible for overall coordination, supervision and monitoring of project’s compliance with social safeguards which include resettlement planning, fund disbursements, coordination of all activities related to RAP implementation, monitoring and reporting. The Project Director (PD) will liaise with MM&WD and WB for all functions related to safeguards management and reporting. The PD is assisted by a social unit headed by a Deputy Project Director based in Colombo. The National Project Steering Committee (NPSC) chaired by

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Resettlement Action Plan- AB 21 Road, Jaffna the Secretary of MM&WD at its bi-annual meetings will monitor the overall progress of project implementation including safeguards management, resolve implementation issues, and coordinate with other government agencies which are connected to the project implementation. Social Development officer at PIU in Jaffna is responsible for the implementation of the RAP with directions and guidance from the Additional PD and DPD (Jaffna).

XI. The project will have a multi-tier grievance redress mechanism established at subproject site level, PIU level, PMU level and the national level to address the grievances reported by affected persons and the general public.

XII. The resettlement budget is estimated at SLRs 113.349 million which is equivalent to US 0.6368 million (at an exchange rate of 1US $= SLRs. 178/- as at February 7, 2019). The budget covers compensation for land, structures and trees, implementation of an income restoration program, monitoring and evaluation. The required funds will be allocated by GOSL and disbursed through the MM&WD.

XIII. The implementation period of the RAP will be 18 months. Its operation schedule consists of four main interventions: (i) payment of compensation for land acquired for the project, (ii) rehabilitation/reconstruction of damage secondary structures, (iii) providing resettlement and rehabilitation assistance to affected persons (iv) relocation of a fully affected business structure, and storage room and shifting of a small Hindu Kovil within the same premises.

XIV. The implementation of RAP will be monitored internally by PMU particularly on the processes of land acquisition, payment of compensation, restoration of livelihoods and AP satisfaction with compensation packages. The PMU will use a set of verifiable indicators to measure the processes, outputs, outcomes and impacts of RAP implementation. The external monitor of SCDP will track safeguard compliance in all stages of project implementation.

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER ONE 1. PROJECT DESCRIPTION 1.1 INTRODUCTION 1. The Strategic Cities Development Project has been initiated by the Government of Sri Lanka under the Ministry of Megapolis and Western Development, to respond to some of the current urban problems and the emerging needs of a Middle Income Country that it aspires to achieve in the medium term whilst addressing the long term goals of sustainability, inclusion and poverty reduction. The total project cost amounting to USD 192.08 million is co-financed by the GOSL with USD 45.08 million and the World Bank Group (Project ID: P130548) with IDA credit facility of USD 147 million. The Galle City Region Development and the Kandy City Region Development are the initial components of SCDP and subsequently USD 55 million was allocated to support the Jaffna City Region Development.

2. The strategic objective of SCDP will be realized through developing a system of competitive and strategically linked cities of Sri Lanka to improve urban services and public urban spaces contributing to improved liveability and investment attractiveness. This concept of systemic urban development underscores triggering strategic or purposive linkages between and among the selected cities towards achieving the stated development outcomes of the project over and above the physical outputs and thereby contributing to cause or reinforce positive impacts. In this connection, the cities are placed within a framework of City Region instead of confining interventions to administrative boundaries of the local government authorities under whose jurisdiction the cities are situated.

3. The Jaffna City Region Interventions place priority in investments to relieve traffic congestion, improve drainage including storm water retention ponds and upgrade municipal services to enhance liveability and to sustain the cultural heritage of the city and the agglomeration areas.

4. Interventions planned for Jaffna City Region aim to expand urban service delivery, improve drainage systems and revive cultural and archaeologically significant sites through key urban interventions. They include (I) road development and traffic management including rehabilitation of two major roads which have a significant role in strengthening the rural-urban linkages, and contributing to developing a comprehensive public transport and traffic management strategy for Jaffna; (ii) drainage improvement containing improvement of drainage structures within Jaffna municipal area, developing drainage master plan and developing public spaces around ponds; (iii) urban upgrading and cultural heritage - enhancement of selected streets, parks, community centers and public spaces, public amenities such as public toilets, restoration of cultural heritage assets, public safety and adaptive reuse of historic and landmark buildings; and (iv) capacity building and implementation support - strengthening capacity of the Jaffna Municipal Council and preparation of a master plan for Jaffna town development.

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Resettlement Action Plan- AB 21 Road, Jaffna

1.2 SUB PROJECT AREA (AB 21 ROAD) 5. Jaffna- Ponalai- Point Pedro (AB21) road starts from Jaffna Fort and runs along the North West coast of the Jaffna peninsula. It passes through Vaddukoddai, Ponalai and Kankasenthurai towns and ends at Point Pedro. The total length of the road is about 54.54 km. The road passes through 6 divisional secretary divisions in the Jaffna district. The road section selected for rehabilitation by SCDP is approximately 12.7Km starting from the Jaffna hospital road junction (1+830Km) and ending at Ponalai Junction (14+600km). This road section provides access to 15 Grama Niladhari Divisions (GNDs) in the Divisional Secretary Divisions of Jaffna, Valikamam West and Valikamam South West. This road section is extensively used by people from Karainagar Island to reach the Jaffna City.

Figure 1: Proposed section of AB21 road for rehabilitation

6. As can be seen from the results of traffic survey conducted in 2016 (see Table 2), the road is extensively used by a variety of modes of transport. Of them, motorcycles constitute the predominant mode of transport. The total number of vehicles running on the selected section of the road over a 12 hour period was enumerated as 9,200 of which 6,580 or 72% are the motorcycles. Table 2: Detail of traffic survey 12 hours Average Traffic by Vehicle Type Length Section Motor 3 Car, Medium Large Container (km) Van LGV1 Minibus Bus Others Total Bike Wheeler Jeep Truck Truck Trailer Section 1 0-1.7 992 96 27 21 54 58 40 - 8 3 2 1,301 Section 2 1.7-6.2 2,690 400 134 98 110 44 82 - 50 30 48 3,686 Section 3 6.2-9.3 1,880 228 76 66 120 24 45 - 24 22 - 2,485 Section 4 9.3-12.9 1,020 293 126 104 60 21 12 2 20 43 27 1,728 Source: Final Design Report-AB21, Traffic survey on 8th, 9th, and 16th June 2016

1 LGV-Large Good Vehicle 2

Resettlement Action Plan- AB 21 Road, Jaffna 1.3 EXISTING CONDITION OF THE ROAD 7. The surface of the road is built with metal and covered width tarred bituminous. It has a 4.5 -5.5m wide carriage way and a 1- 1.5m wide earthen shoulder. The road surface is rough and uneven. Most sections of the road surface are damaged. However, not many potholes are observed. The speed of the vehicles cannot exceed 30 - 40 km/ hour due to uneven road surface. There are 29 box culverts, 8 Hume pipe culverts, and 5 bridges, totalling to 43 structures located along the road section which have to be either widened or replaced. Details are as follows (Table 3). Inadequate maintenance or improvements in the past three decades due to civil war was the main reason for the dilapidated condition of the road.

Table 3: Structures located along the road section Type of SN Nos Present Condition Recommendations Structure Are in good in condition. 5 Dimensions do not align with the proposed Need to be replaced design Box Culverts 1 1 Is in good condition Need to be widened 20 Blocked and dilapidated condition Need to be replaced 3 Unprotected reinforcements Need to be replaced Sub Total 29 Are in good in condition. Hume Pipe 1 Dimensions do not align with the proposed Need to be replaced 2 Culverts design 8 Blocked and dilapidated condition Need to be replaced Sub Total 9 2 Are in dilapidated condition Need to be replaced Bridges 3 3 Unprotected reinforcements Need to be replaced Sub Total 5 Grand Total 43 Source: Final Design Report for AB21 Road- 29th July 2016

8. The existing condition of the road causes several inconveniences to road users. They include; • Some sections of road get flooded during rainy times due to lack of proper drainage system for the road • Increased vehicle repair cost due to frequent damages caused to vehicles, having to drive along a bad road • Comparatively high rates charged by drivers of hired vehicles due to poor and difficult conditions of the road • Increased travel time due to low running speed • Flooding of agricultural lands during rainy season and crop damages due to poor drainage system and malfunctioning of existing culverts • Traffic congestion particularly during peak hours of the fish market operations and the risk of accidents to pedestrians at the market junction near the Kakkaithivu fish landing site area (4+020 Km), due to the narrow carriageway

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Resettlement Action Plan- AB 21 Road, Jaffna

9. The rehabilitation of the road section traversing the Jaffna municipal council area (from Jaffna hospital junction-1+830 km to Nawanthurai Junction-3+480 km) does not require additional land acquisitions as there is adequate land space either side of the road to carry out the civil works. However, the RoW of the remaining section of the road from Nawanthurai Junction- 3+480km to Ponnalai Junction- 14+600km is a narrow strip of land thus requiring acquisition of additional land for the proposed construction work of the road. There are several settlements, paddy fields, and other agricultural fields as well as the Jaffna lagoon located adjacent to this narrow section of the road.

1.4 SIGNIFICANCE OF THE SUBPROJECT 1.4.1 Positive Impacts 10. The AB21 road is one of the major roads that provide access to Jaffna City from the Karainagar Island and the western part of the Valikamam area. The rehabilitation and improvement of this road section would introduce several positive benefits to the people in Jaffna. Among them are; I. Increase of travel speed and reduce of travel time of the commuters: It is anticipated that travel time between Hospital junction and Ponanalai junction covering 12.7Km would be reduced significantly and that it would take only about 10 minutes to reach the destinations. II. Increase of travel convenience of commuters III. Decrease of travel costs from Jaffna to areas such as Ponnalai, Moolai and Karainagar Island. Karainagar Island is located 5.7 km away from Ponnalai junction in the northern direction of the peninsula and Ponnalai junction and Karainagar Island are linked via AB 17 road. IV. The road users of B230, B437, B414 and B436 roads will gain easy access to Jaffna city via AB21 road. V. Significant contribution to the improvement of the road network in Jaffna. For example, AB21 road connects to the southern part of the Jaffna peninsula and to the western islands of Jaffna, and mainly Karainagar. VI. Increase of access to markets through enhanced modes of transport fostering economic growth. Both farm and fish produce in the area, will reach their respective markets because of the improved connectivity regardless of the scale and type of production. Specifically, the fishing community will have easy access to their markets in Kakathivu and Karainagar. The business transactions in the agriculture as well as in the fishery sector in the western part of the lagoon, and around the well-known natural fish harbour at Kakethive Jetty, located by the side of the road will also be benefitted. Both farmers and fishermen will benefit from increased demand for their produce. VII. Increase of the incomes of marginal farmers and fishermen due to improved market access for their produce. VIII. Promotion of investments in the area and better integration of local producers with centers of growth within and outside the region, and leading to regional economic development. IX. Decrease of vehicle running costs in terms of fuel consumption and maintenance costs.

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Resettlement Action Plan- AB 21 Road, Jaffna

X. Improved access to wage labourers, both men and women, especially in poor households, in agriculture and non-agriculture sectors in the region–to their work sites or potential employment opportunities. XI. Improved access to health, education, and administrative services, and food supplies. XII. Avoiding storm water accumulation at Araly North (Chainage at 8+000 to 8+080) by widening and improving the road and the drainage which in turn would stabilize a cleaner environment in the urban areas. XIII. Strengthening of Jaffna’s efforts in promoting tourism industry. The lagoon area in the western coast is one of significant tourist attractions in the peninsula. The AB21 road running through a semi-arid region and closer to the lagoon provides an ideal location for nature lovers to reach the endemic Birds Sanctuary in a marine wetland. XIV. Increased convenience, cost reductions and time savings for cyclists and motorcyclists who extensively use this road for their travel and transport of goods. They are mostly from the lower middle and poorer segments of the society. The road improvements will benefit those poor people who transport their agricultural produce to the markets using push bicycles and motorcycles. Overall, the road rehabilitation would contribute to the economic growth and poverty reduction in the Jaffna district

1.5 PROPOSED CIVIL WORKS OF THE AB21 ROAD SECTION 11. The rehabilitation work of the road section include road widening, laying asphalt concrete, construction of road shoulders, construction of protection walls where necessary, relocation of utilities like electricity lines, restoration of damaged properties and community facilities. The following civil works are prioritized accordingly: • Asphalt concreting of 8.8m width of the right of way of the 12.7 km road including a 6.4m carriageway and 1.2m hard shoulder on both sides. There will be 2m soft shoulder • Elevation of the road’ssections which are frequently inundated during heavy rains • Rehabilitation of 39 existing culverts with increased capacity, and construction of 6 new culverts to provide efficient drainage system • Paved pedestrian walkways at town areas • Shifting the utility lines within the new RoW • Installing road signs and markings along the road • Construction of 9 bus shelters along the road

12. The project will be implemented by SCDP in partnership with RDA (PPA). The civil works of the project is planned to be commenced in May 2019 and to be completed within a period of 24 months. The estimated cost of the project is SLRs 1,230 million.

1.6 DESIGN ALTERNATIVES CONSIDERED 13. A number of alternative designs were considered in selecting the RoW for the road section to be rehabilitated in order avoid or minimize adverse impacts on private land and the community at large. To minimize adverse impacts, the SCDP adopted the following WB Safeguard Principles:

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Resettlement Action Plan- AB 21 Road, Jaffna

i. Avoid or minimize acquisition of private lands unless absolutely required through analysis of alternatives; ii. Avoid involuntary resettlement and minimize loss of land, structures, other assets and incomes by exploring all viable options; iii. Use as much state lands as possible which are free of encroachment and other encumbrances iv. Consider alternative designs in order to avoid or minimize adverse impacts on objects and sites like places of worship, cemeteries and structures that are considered socially and religiously important; and v. Incorporate gender and poverty considerations in social management, planning and implementation processes.

14. The project ensured that no residential structures are damaged except for auxiliary structures like fences and boundary walls. The design with minimal resettlement impacts was selected for implementation. The road section that traverses urban centres will be widened within the existing road reservation, in order to avoid additional land acquisitions and adverse impacts on the livelihoods of the people. Wherever, possible, the alignment of the road sections that traverse rural areas was also bent towards the state owned marshy land to minimize the acquisition of privately owned paddy lands.

15. The project prepared three engineering designs. The initial engineering design prepared in July 2016 was to have full and partial impacts on 50 residential structures, 33 commercial structures, and 3 religious Kovil monuments. The second design prepared in September 2017, would have partially affected 49 residential structures and 26 commercial structures. Moreover, the design would have had full and partial impacts on 3 religious structures (1 Kovil statue and 2 Kovil buildings). The third design was realigned in January 2018 to avoid and minimize potential damages to those residential, commercial and religious structures. The third design would have only partial impacts on 2 commercial structures and it would fully affect one statue in a Kovil. Table 4 explains the estimated impacts of the three different alternative designs considered.

Table 4: Impacts on structures designs Design 1 Design 2 Design 3 Residential Commercia Religious Residential Commercia Religious Residential Commercia Religious l l l

Chainag DS

e in Km Division

ly

Ful Fully Fully Fully Fully Fully Fully Fully Fully

Partially Partially Partially Partially Partially Partially Partially Partially Partially

1+830 to Jaffna 5 32 3 25 - 2 - 35 - 22 - 2 ------3+740 3+740 to Sandilipai - 4 - 1 1 - 3 - 2 1 - - - - 1 1 - 7+680 7+680 to Sankanai - 9 - 4 - - 11 - 2 - - - - - 1 - - 14+600 Total 5 45 3 30 1 2 - 49 - 26 1 2 - - - 2 1 - Source: Technical Design Reports-AB21- PMU, SCDP

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Resettlement Action Plan- AB 21 Road, Jaffna 1.7 PREPARATION OF RESETTLEMENT ACTION PLAN 16. The preparation of the Resettlement Action Plan (RAP) was guided by the Involuntary Resettlement Policy of the World Bank as stipulated in OP 4.12, Resettlement Policy Framework of SCDP, the National Involuntary Resettlement Policy (NIRP), Land Acquisition Act (LAA) No.9 of 1950 as amended in 1986, and the Land Acquisition (Payment of Compensation) Regulations of 2013 of the Government of Sri Lanka. The RAP analyses the project related impacts and provides an entitlement matrix that includes cash compensation and other resettlement and rehabilitation (R&R) assistance for persons affected by the Project.

17. The preparation of the RAP was preceded by due diligence conducted for the proposed AB 21 road. The social impact assessment (SIA) conducted as part of due diligence was based on the earlier mentioned engineering design and the advance tracing prepared by Department of Surveys. The SIA included inventorizing the project impact area, a census of all project affected persons, and preparation of an inventory of losses (IOL) for all APs. Consultations were also conducted at different levels with relevant project stakeholders including the affected persons in order to share project related information, to elicit their inputs for the resettlement plan and to ensure their participation in the preparation of the RAP. Project related adverse impacts observed during due diligence were conveyed to the technical design teams and they were addressed by making appropriate modifications to the project design to minimize the resettlement impacts.

18. There are no indigenous peoples found within the boundaries earmarked for the rehabilitation of AB 21 road, and positive or adverse impacts on indigenous peoples are not anticipated.

19. The RAP will be disclosed in local languages (Tamil and Sinhala) as required by the safeguard policies of the WB and the GOSL, and disseminated to the public. The RAP will be disclosed at SCDP’s web site (www.scdp/scdp.lk) as well as World Bank Info Shop after getting clearances from WB and links will be published on public media. However, anonymity of the PAPs will be retained in the publicly disclosed documents. In the event of any deviations or changes are observed in the final engineering design, the SIA will be updated with a reassessment of the impacts and inventory of losses and, the RAP will be revised and updated and, the same process will be followed for RAP clearance and disclosure.

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER TWO 2. SOCIAL IMPACT ASSESSMENT 2.1 BACKGROUND

20. This chapter examines the social impact of the project resulting from land acquisitions for road rehabilitation and, other construction related interventions. The chapter outlines the methodology used for social impact assessment, the categories of affected persons (APs), the nature and extent of losses experienced by different categories of APs, loss of private and public assets, impact on gender and other vulnerabilities, construction impacts and overall profile of the project affected persons and their families. The nature and extent of the losses have been used to inform and guide the efforts to mitigate adverse impacts while also ensuring compliance with WB’s and GoSL’s social safeguards policies and safeguards instruments prepared under SCDP, providing adequate compensation for losses, and developing a viable and satisfactory resettlement plan.

2.2 METHODOLOGY OF SOCIAL IMPACT ASSESSMENT 21. The SIA adopted the following methodological steps. I. Inventorizing the project impact area by identifying all the built structures and activities found within the boundaries of the impact area based on the final design prepared in January 2018. The project impact area was sub-divided into 3 sub sections based on the administration boundaries of 3 divisional secretary divisions that cut-across the road section. II. In parallel to the inventorization process, an initial screening exercise was carried out to collect preliminary information on the owners/occupants of the structures, their postal addresses and contact telephone numbers, types of land use etc. Project related information was communicated to individual owners/occupiers prior to the commencement of the exercises. A database was created using this preliminary information and it served as an initial guide for administering the census survey among the project-affected persons. III. A census of all project affected persons was conducted after announcing a cut-off date, the start date of which was 5th April 2018. The purpose of the census and the cut-off date was communicated to the APs well in advance of the census both verbally and in written form. A notice was distributed among individual APs and the posters were displayed covering all GNDs and the strategic locations along the road. The census covered 163 households who would be affected by land acquisitions.

IV. The census was followed by a socio economic survey which covered all 163 affected private parties and a sample of another 25 households who live beside the Road section from Jaffna hospital junction (1+830km) to Nawanthurei junction (3+480km) for which land acquisitions are not required. As such, 188 households were covered altogether in the socio economic survey. The socio economic survey primarily focused

8

Resettlement Action Plan- AB 21 Road, Jaffna on to capture the living conditions of the APs including their household characteristics and livelihood patterns. The survey also elicited views and opinions of the affected households on the project and their suggestions regarding the rehabilitation of AB 21 road.

22. A series of stakeholder consultations were conducted with the purpose of disclosing and sharing project related information, verifying the information collected in the screening processes and censuses, and eliciting their concerns, suggestions and plans for resettlement. Consultations conducted at individual and group levels included the APs and other stakeholders. Moreover, government institutions associated with AB 21 road were also consulted through key informant interviews with relevant officials. Focus Group Discussions and Key Informant Interviews constituted the key methodologies adopted for stakeholder consultations. The fishermen, fish vendors and their associations as well as the devotees of the Hindu Kovil, Kakathive Narasinghe Variravar were consulted on the resettlement related activities as well as the resettlement plans for the Kakathive fish market. Key informant interviews were conducted with chief priests of 4 Kovils and 3 churches. A cross-section of the devotees of the respective religious places was also consulted.

2.3 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 23. The extent of land to be acquired for this subproject was estimated based on the advance tracing prepared by the Department of Surveys (see Table 5). The survey department used the amended technical design in January 2018 for their land surveys.

Table 5: Advanced Tracing Name of Divisional Advance Tracing Secretary Division Jaffna YA/JFF/2017/249 dated 30/12/2017 Valikamam South West YA/SND/2017/216 dated 30/1/2018 Sandilippai Valikamam West Sankanai YA/CHN/2017/217 dated 30/1/2018 Source: Land Division of SCDP

14. The land earmarked for the rehabilitation of AB 21 road is occupied by different government agencies, private parties and religious institutions. Except for a few commercial activities, land adjoining the road is primarily used for residential and agricultural purposes by private parties. Of the total land requirement for the sub project, around 80% is owned by government agencies which remain as either unproductive land or as road reservations.

25. The land required for the 12.7 km road section is located in three DS divisions, namely the Valikamam South West (Sandilippai), Valikamam West (Sankanai) and Jaffna. The widening and rehabilitation of the road section requires acquisition of 277 land lots with an extent of 7.71 ha (3,050.4 perches) of land. The land earmarked for the subproject belongs to private parties, several government agencies and religious institutions and a community organization (Table 6)

9

Resettlement Action Plan- AB 21 Road, Jaffna

Table 6: Ownership of land required for the project No. of Land Lots Land Extent SN Tenure % Perch Hectare 1 Government land 46 2,424 6.13 79.5 2 Private land 198 524.1 1.32 17.1 3 Land belonging to 5 Kovils 25 69.1 0.175 2.3 4 Land belonging to 3 Churches 7 32.3 0.0817 1.0 Land belonging to the Funeral Aid Society of 1 5 0.9 0.00227 0.02 Maran Sakayanithy Chankam Total 277 3,050.4 7.71 100.0 Source: Land Division, SCDP

2.3.1 State Land

26. Of the land required for the subproject, 79.47% is vested with the government agencies. This state owned land comprises 46 lots with an extent of 6.13 ha (2,424 perches) vested with the Road Development Authority (RDA), the Divisional Secretaries of Sankanai and Sandilippai divisions, Pradeshiya Sabha of Sandilippai and the Palmyrah Development Board. A major portion of the state land, 78.16% is vested with the two Divisional Secretaries. The rest 1.31% belongs to the Pradeshiya Sabha of Sandilippai, the Palmyra Development Board and the Road Development Authority. A Toddy Pub in Valikamum West Division managed by the Palmyra Development Board will lose a strip of land (one land lot) with an extent of 0.03 perches for the subproject. Another land lot with an extent of 4.45 perches where the Kakkaitivu fish market operates will be required for the road rehabilitation. This land belongs to the Valikamam South West (Sandilippai) Pradeshiya Sabha. The RDA has 7 other land lots with an extent of 2,174.74 perches which are maintained as road reservations. These road reservations too would be used for road widening purposes. The government agencies will release the land identified for road rehabilitation works to RDA based on a memorandum of understanding (MOU) reached between the respective government agencies and RDA. Details of government land to be taken over for road rehabilitation are given in Table 7.

Table 7: State land to be taken over for road rehabilitation SN Government Institute Division No of Lots Extent (Perch) Sankanai 28 151.64 1 Divisional Secretary Sandilippai 9 93.14 2 Pradeshiya Sabha Sandilippai 1 4.45 3 Palmyra Board Sankanayi 1 0.03 Road Development 4 7 2,174.74 Authority Total 46 2,424.0 Source: Census, April 2018

2.3.2 Kovil Land 27. Apart from the state land, 0.175 ha (69.1 perches) or 2.26% of the total land requirement comprising 25 lots owned by 5 Kovils (Hindu temples) namely, Aththiyadi Pillayar, Sithamparama, Vannai Sivan, Muththu Mari Amman and Sri Narasinger Kovils will be required for the subproject. The subproject will acquire 6 highland lots and 5 paddy land lots belonging 10

Resettlement Action Plan- AB 21 Road, Jaffna to the Vanni Sivan kovil in Jaffna which is managed by the Kovil Trustees in Jaffna; 10 paddy land lots belonging to Sithamparam Kovil of South India, managed by a trustee in Jaffna on behalf of the Sithambaram Kovil; another two paddy lots belonging to Aththiyadi Pillayar Kovil in Valikamam West DS division; and 2 lots owned by Muthu Mari Amman Kovil and Kakkaithvu Sri Narasinger Kovil in Valikamam South West DS division. Both paddy lands and highlands are managed by the respective Kovils. Only Sri Narasinger Kovil- Kakkaitivu will lose a structure due to land acquisition. Compensation for acquired land will be paid by LARC to the respective Kovil trustees at replacement cost together with ex-gratia payments to off-set any income losses. (see Annex 1.2-Inventory of Losses- Religious Institutions for details)

Table 8: Kovil land to be taken over for road rehabilitation DS Number Extent No Name of Kovil Division of Lots Hectare Perch 1 Sankanai Aththiyadi Pillayar Kovil 2 0.026 10.20 2 Sithamparam Kovil 10 0.0826 32.71 3 Vannai Sivan Kovil 11 0.0586 23.20 4 Sandilipai Muthu Mari Amman Kovil 1 0.0051 2.00 5 Sri Narasinger Kovil Kakkaitivu 1 0.0025 0.99 Total 25 0.175 69.10 Source: Census, April 2018

2.3.3 Church Land 28. The subproject would also require the acquisition of another 7 land lots with an extent of 0.0817 ha (32.3 perches) or 1.06% of the required land belonging to three churches - Church of South India, Christian Mission, Araly and the Adaikala Martha church. The seven land lots comprise 2 paddy lands, 4 e highlands and the land on which a church is situated. However, land acquisitions will not have any impacts on the church building. (See Annex 1.2 - Inventory of Losses- Religious Institutions for details). All lands are managed by the Church. Compensation for acquired land will be paid by LARC to the management of the respective churches at replacement cost together with ex-gratia payments to off-set any income losses.

Table 9: Church land to be taken over for road rehabilitation No. of Extent SN DSD Name Of Church Lots Hectare Perch Sankanai 3 0.0214 8.4 1 Church of South India (CSI) Sandilipai 1 0.0508 20.1 2 Sankanai Chistian Mission Araly 2 0.0084 3.3 3 Sandilipai Aadaikala Matha Church 1 0.0012 0.5 Total 7 0.0818 32.3

2.3.4 Community Land 29. Land acquisitions will also affect one land lot with an extent of 0.00227 ha (0.9 perches) (0.03% of the total land requirement) belonging to the Maran Sakayanithy Chankam Funeral Aid Society- Wadukkodai registered under the Divisional Secretariat-Sankanai as a welfare

11

Resettlement Action Plan- AB 21 Road, Jaffna society. Compensation for the acquired land will be paid to the Funeral Aid Society at replacement cost.

2.3.5 Private Land 30. The extent of private land to be acquired is 1.32 ha (524.1 perches) which constitute 17.18% of the total land requirement. The number of private land lots to be acquired is 198 which form 71.5% of the total 277 land lots. Land acquisitions will affect 163 landowners. However, landowners/claimants for 9 out of the 198 land lots could not be traced during the census since they lived elsewhere either outside Jaffna or in another country. Inquiries from the neighbourhood and the Grama Niladhari about these absentee landowners did not yield any results. The extent of land owned by these absentee landowners is estimated at 0.04 ha (16 perches). Detail of land to be acquired is presented in Table 10. Cash compensation for affected land will be paid at replacement cost to the affected parties and, compensation due to land owners/claimants who do not participate in the land acquisition process will be deposited in the Courts by the acquiring officer. Such absentee land owners/claimants can claim their due compensation from the courts at a later stage by providing evidence in support of their ownership.

2.4 IMPACTS OF LAND ACQUISTION 31. There will be no acquisition of private land for the road section (1.8km) that traverses Jaffna DS division as the widening of the road to 8.8m could be carried out within the existing boundaries of RDA’s road reservations. The highest number of acquisitions (85.52%) will be in the Sankanai DS division followed by Sandilippai DSD. Details of land acquisitions and the affected parties are presented in Table 10. The chainage wise land acquisition and impact details are presented in Annex 9.

Table 10: Affected land and landowners Affected land Affected Parties DS Division of the road Extent State Religious Comm Not section No. Lots Private (perches) Agencies institutions unity Traced Jaffna 6 81.33 1 (1+830 to 3+740 Km) Sandilippai 38 1,036.49 2 3 21 2 (3+740 to 7+680 Km) Sankanai 233 1,932.61 1 5 142 1 7 (7+680 to 14+600 Km) Total 277 3,050.43 4 8 163 1 9 Source: Census Survey, April 2018

2.4.1 Affected land and its current use Impacts on Private land 32. The private land to be acquired is used for multiple purposes such as paddy cultivations, residential and business purposes. Some land remains vacant and not used for any productive purpose. Compensation for land acquired will be paid by LARC at replacement cost together

12

Resettlement Action Plan- AB 21 Road, Jaffna with ex-gratia payments to off-set any income losses. The details of land use pattern together with their affected parties are presented in Table 11.

Table 11: Land use pattern of the affected land 2 Land Lots Affected Parties Land Utilization Extent No of Lots % % % (Perch) APs Paddy Land 112 56.57% 393.70 75.12% 99 54.09% Residential Land 75 37.88% 95.43 18.21% 73 39.89% Commercial Land 3 1.52% 8.10 1.55% 3 1.64% Bare Land 7 3.54% 26.36 5.03% 7 3.82% Lane (Pathway to 1 0.51% 0.47 0.09% 1 0.55% access a house) Total 198 100.00% 524.06 100.00% 1833 100.00% Source: Census, April 2018

Paddy land Paddy is the main crop cultivated in the project impact area. More than 75% of the affected private land extent is used for rain fed paddy cultivations. The total affected land area under paddy is 393.7 perches. Altogether, 112 lots of paddy land are claimed by 99 APs (54.09 %) including 5 APs who could not be traced. Paddy cultivations are rain-fed and confined to a single season of the year. Farmers are unable to cultivate in the rest of the year due to lack of irrigation facilities. Few farmers would cultivate vegetables or other seasonal crops on their paddy lands during the off-season. As shown in Table 12, land acquisitions will cause loss of less than 3 perches of paddy land to 51 APs (51.5%); 3-5 perches to 15 Aps (15.15%); and 5-10 perches 29 APs (29.29%). Only 4 APs (4.04%) will lose more than 10 perches from their paddy holdings. The affected paddy land constitutes narrow strips along the road’s RoW.

Table 12: The Extent of Private Land Acquired from APs Extent per AP No. of APs Percentage (%) <1 Perches 9 9.09 1-3perches 42 42.42 3-5 Perches 15 13.64 5-7 perches 18 15.15 7-10 perches 11 11.11 10-13 Perches 3 3.03 13-17 Perches 1 1.01 Total 99 100.0 Source: Census, April 2018

2 Data on land use pattern of the affected land was collected mainly through Census and observations and this data includes the land use details of the 9 absentee owners (9 land lots) as well 3 There are 11 APs who lose both paddy and highland (8 APs lose paddy and residential land, 2 APs lose paddy commercial land and 1 AP loses paddy and bare land) 13

Resettlement Action Plan- AB 21 Road, Jaffna

Commercial land 33. The subproject requires acquisition of 8.1 perches of land used by three APs for commercial purposes. The extent of land to be lost to each individual AP is 3.71, 0.95 and 3.44 perches respectively. Among 3 APs; one AP owns paddy land in addition to commercial land lot and he will lose 16.8 perches of land from his paddy land due to the acquisition. Land acquisitions will not interfere with the business activities and the livelihoods of the three business operators. Their business activities can be continued in the remaining portion of the land after acquisition. However, land acquisitions will lead to the relocation of a bicycle repair workshop which is operated by an unregistered tenant who is also a physically disabled person. The workshop is constructed with tin sheets with a floor area of 100 square feet. The workshop operator pays a monthly rent to the landowner. The remaining portion of the land after acquisition is not viable to re-establish the workshop. The bicycle workshop operator has agreed to shift the workshop to one of his own land located 50 m away from AB 21 road. Because of its proximity to the main road, any adverse impacts on his customer base are not anticipated. The LARC will pay compensation at replacement cost for the restoration of his workshop in the new land together with other R&R assistance for loss of incomes during the transition period, a livelihood restoration grant and the transportation of his machinery, equipment and salvage material. In the event of AP is unable to attend to the reconstruction work and the shifting by himself due to his disability, the project will take over the responsibility to ensure complete restoration of his livelihood.

Residential land Land acquisitions will partially affect 73 APs who use their land for residential purposes. The total extent of residential land to be acquired is 95.43 perches (75 lots). Apart from some auxiliary structures situated on these residential land plots (to be discussed later), no primary structures on the land would be affected by land acquisitions. Land to be acquired from individual APs form only a narrow strip of their respective lands. As shown in Table 13, land acquisitions will result in a loss of less than 1 perch of land to 40 APs (55%); 1-3 perches of land to 29 APs (40%); and 3-7 perches to 4 APs (5%) homesteads.

Table 13: The Extent of Private Land Acquired from APs Extent per AP No. of APs Percentage (%) <1 Perches 40 54.79 1-3perches 29 39.72 3-5 Perches 3 4.12 5-7 perches 1 1.36 Total 73 100.0 Source: Census, April 2018 Vacant/barren land 34. Land acquisitions will also affect another 26.36 perches (7 land lots) owned by 7 APs. These lands are not used for any productive purposes and they remain vacant. No built structures, trees or livelihood activities are found on this land. The impact of the acquisition of the vacant lands includes 4 APs losing less than 1 perch of their land; 2 other APs losing 1-10 perches; and 1 AP losing more than 10 perches.

14

Resettlement Action Plan- AB 21 Road, Jaffna

2.4.2 Impacts on Kovil land Paddy land 35. Land acquisitions will cause loss of 17 lots of paddy land belonging to 3 Kovils, namely Sithamparam Kovil, Vannai Sivan Kovil and Aththiyadi Pillayar Kovil. The number of lots to be acquired from the 3 Kovils is 9, 6 and 2 respectively. The total extent is 61.18 perches. The trustees of the respective Kovils are responsible for the management of these lands. Paddy cultivations are rain-fed and mostly confined to a single season of the year and, that too will be dependent on the availability of adequate rain water. Lands cannot be cultivated throughout the year as there is no irrigation system. During off-season, few Kovil trustees would grow vegetables or other seasonal crops on these paddy lands. Table 14 : Land use pattern of the affected land owned by Kovil Land Utilization Lots Extent (Perch) Paddy Land 17 61.18 High Land 6 4.90 Kovil Premises 2 3.00 Total 25 69.1

Highlands 36. The subproject will also cause loss of six lots of highland with an extent of 4.90 perches belonging to the Vannai Sivan Kovil. Of the six land lots, the Kovil premises spread over to 2 land lots whereas the rest are remains as vacant. Land acquisitions will not affect the Kovil or its immediate premises.

Kovil premises 37. Land acquisitions will affect the premises of two Hindu Kovils and, the extent of land to be lost is 3 perches comprising 2 land lots. The land to be acquired from the Kovil premises of Muthu Mari Amman Kovil is insignificant and, will not have any major adverse impacts on the Kovil structures. However, acquisition of a part of the Kovil premises land from the Kakkaithvu Sri Narasinger Kovil will require the relocation of the Kovil in the remaining portion of the same premises. The project has obtained the consent of the Kovil trustees for its relocation and, costs associated with the reconstruction of the Kovil and for the related rituals to be performed during shifting and re-installation of the statutes are included in the resettlement budget of this RAP. The project will comply with the policy principles of Bank’s OP 4.11- Physical Cultural Resources (PCR) in the process of relocating the Kovil. (see Annex 10)

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Resettlement Action Plan- AB 21 Road, Jaffna

Figure 2: Kovil building to be relocated

2.4.3 Impacts on Church Land 40. Land belonging to three Christian churches will be affected by acquisitions. The Church of South India (CSI) will lose 2 lots of their paddy land with an extent of 3.32 perches. A board of trustee in Jaffna on behalf of the Church cultivates this paddy land. In addition to paddy land, the three churches will also lose 4 other land lots containing 27.72 perches. These land lots are not used for any productive purposes and they remain s vacant. 41. The acquisition of one other land lot covering an extent of 1.30 perches and belonging to the Christian Mission Araly church will affect two boundary walls with two entrance gates of the church premises. Apart from the compensation paid for the acquired land at replacement cost, LARC will pay cash compensation at replacement cost enabling the church to restore the boundary wall to its original or better condition in the remaining portion of the land

Table 15: Land use pattern of the affected land owned by Churches Land Utilization Lots Extent (Perch) Paddy Land 2 3.32 Bare Land 4 27.72 Church Premises 1 1.30 Total 7 32.33 Source: Census, April 2018

2.4.4. Impacts on Funeral Aid Society Land 42. Land belonging to Marana Sakaynithy Chankam (Funeral Aid Society) in Sakanai will be affected by acquisitions. The Funeral Aid Society will lose 1 lot of their highland with an extent of 0.9 perches. There is a community hall built on this land but it will not be affected by land acquisitions.

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Resettlement Action Plan- AB 21 Road, Jaffna 2.5 IMPACT ON BUILT STRUCTURES 2.5.1 Impact on structures belonging to private parties Impact on Residential Structures 43. The residential land of the private individuals earmarked for acquisition contains houses and other structures. The acquisition will have only partial impacts on the residential land and, will not cause any damages to any of the primary structures.

Impact on auxiliary structures 44. Land acquisitions for the subproject will affect 135 auxiliary structures altogether which include boundary walls, live and tin sheet fences, entrance gates, a toilet pit and a drinking water well (Table 16).

Table 16: Damages to be caused to auxiliary structures of Private Parties Auxiliary structures affected No of AP Linear meter Boundary walls 24 426 Live fences 20 453 Tin Sheet fences 32 636 Gates 57 Toilet pits 1 Drinking water well 1 TOTAL 135 Source: Census, April 2018 45. All affected auxiliary structures can be restored in the remaining portion of the land after acquisition. The toilet pit belonging to an AP from Araly North Wadukkodayi GND will be relocated in the same premises. The partly damaged cover slab of the drinking water well of another AP in Nochcheyampathi-Araly West GND will also be restored without any changes to its current use. The project will provide compensation at replacement cost enabling the APs to rehabilitate and restore the damaged structures and a suitable time frame will be agreed with the APs to complete the restoration work prior to the commencement of civil works of the subproject.

2.5.2 Impact on structures belonging to Kovils 46. Land acquisitions for the rehabilitation of the road section (4+020 Km) at Kakkaitivu will affect Sri Narasinger Kovil (Figure 2) used and managed by fishermen. The project has obtained the consent of the Fishermen’s Society and the caretaker of the Kovil to rebuild the Hindu Kovil in the remaining portion of the land for which the concurrence of the Divisional Secretary-Sandilippai too had received. The caretaker of the Kovil will provide the layout for the new Kovil and an estimate of costs connected with rituals to be performed. The letter of consent is attached in annex 4. The reconstruction of the Kovil building will be implemented by the construction contractor and the cost has been included to the subproject’s cost. The costs of performing the rituals to reopen the Kovil for public worship are included in the resettlement budget. The shifting of the Kovil will not hinder the routine rituals of the fishermen because the existing Kovil will be demolished only after construction of the new

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Resettlement Action Plan- AB 21 Road, Jaffna Kovil is completed. Moreover, land acquisitions will affect 6 live fences and 4 entrance gates located in the six land lots owned by Vannai Sivan Kovil

2.5.3 Impact on structures belonging to Churches 47. Acquisition of land belonging to churches will affect some of the auxiliary structures located on Church lands. A live fence of the land owned by CSI church; and 2 boundary walls and 2 gates of the Christian Mission Araly church will be affected. A reasonable time period will be allowed to the management of the churches to reconstruct the damaged auxiliary structures of their properties in the remaining portions of the land prior to the commencement of civil works. Compensation for the affected structures will be paid by LARC at replacement cost.

2.6 IMPACT ON GOVERNMENT ASSETS 48. As mentioned, the subproject also requires 46 land lots containing 2,424 perches (6.13ha) which are vested with four government agencies (Table 7). According to government regulations, the land being vested with state institutions is not required to follow the regular process of land acquisition. Instead, the ownership of the required land will be transferred to the Road Development Authority (RDA) through a memorandum of understanding (MoU) signed between RDA and the respective land-owning agencies.

49. Land acquisitions will affect a boundary wall of the land belonging to the Palmyra Development Board. The damaged boundary wall will be rebuilt at subproject’s cost on the balance part of the land and prior to demolishing the existing one.

50. The Pradeshiya Sabha’s semi-permanent building that contains an out boat engine and fuel storage room at Kakkaitivu fish landing site will be partially affected and the remaining portion of building is not viable for use. The project will re-construct the building within the same land as per the request of Kakkaitivu Fishermen Society and the Valikamam South West Pradeshiya Sabha. The existing storage room will not be demolished until the new storage room is built in order to avoid any interruptions to its present uses. The rebuilding of the engine and fuel storage room (a single story building with a floor area of 1,000 square feet ) will neither impact on fishers’ livelihoods and their access to the beach.

2.7 IMPACTS ON TREES 51. Land acquisitions for road rehabilitation will cause removal of about 40 trees such as coconut, Palmyra and Neem trees planted on private land. A total number of 27 coconut trees belonging to 16 APs and 3 Palmyra trees belonging to 2 APs will be lost due to land acquisitions. Moreover, 9 Neem trees and 1 Kumbuk tree (non-fruit-bearing trees) will be lost to 10 other APs. The produce from the Palmyra and coconut trees is used for domestic consumption. Compensation for the loss of fruit bearing trees will be paid taking into consideration their market value, age and size of the trees, its productivity cycle etc. The value of non-fruit bearing trees (timber) is estimated based on valuations prescribed by the State

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Resettlement Action Plan- AB 21 Road, Jaffna Timber Corporation which had taken into account the timber type and the timber volume of the trees. The value of coconut trees is calculated based on the rates prescribed by the Coconut Cultivation Board, which largely reflect the life-time productivity of the tree and same rationale was applied to calculate the value of Palmyra trees which is prescribed by Palmyra Development Board. The loss of trees for each individual AP is shown in the Inventory of Losses. Land acquisitions will not affect any of the trees located on land to be acquired from Kovils, Churches, Funeral Aid Society and government agencies. A replanting program is included in Environmental Management Plan (EMP) and, each AP who loses trees due to land acquisition, will receive seedlings of same varieties to cultivate in their remaining land.

Table 17: Affected Trees and their estimated values Estimated Unit Number of trees total Number Type Tree value affected value of APs (SLRs) (SLRs) Fruit-Bearing Coconut 27 15,000 405,000 16 Trees Palmyra 3 10,000 30,000 2 Non-Fruit Neem 9 7,000 63,000 8 Bearing Trees Kumbuk 1 15,000 15,000 1 Total 40 513,000 27 Source: Census, April 2018

2.8. IMPACTS ON CROPS 52. A total of 458.2 perches (1.159ha) of paddy land belonging to 92 private individuals (including 5 absentee landowners), four Kovils, and one church will be affected by land acquisitions for road rehabilitation works. Table 18 shows the details.

Table 18: Impact on Paddy lands SN Type of Tenure Number of APs Land Extent (Perch) 1 Private 87 382.79 Landowners 2 5 10.91 not identified 3 Kovil 4 61.18 4 Church 1 3.32 Total 97 458.2 Source: Census, April 2018 53. Apart from the compensation to be paid for the acquired paddy land, APs will be allowed to harvest their crops prior to handing over the land to the construction contractors. In this regard, a time frame will be agreed with the APs. Despite the issue of section 2 notice of the LAA notifying the intention of acquisition, project has explicitly communicated to the APs, that they can continue to cultivate those land until the full compensation is paid to them and the commencement of the civil construction work. The damages caused to standing crops by land acquisition, will be compensated through LARC as prescribed in Land Acquisition Regulations (LAR) of 2013. Moreover, farmers who lose part of their paddy land will be paid an ex-gratia amount by LARC based on the difference between the statutory compensation and

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Resettlement Action Plan- AB 21 Road, Jaffna the amount equivalent to 10 per cent of the market value of the land as computed by the Chief Valuer in order to mitigate the impact on the livelihoods and the incomes of the farmers.

2.9 IMPACTS ON COMMON UTILITIES 54. There are some common utilities such as telephone and electricity supply lines and connected posts located within the project impact area. They include 68 telephone posts, 48 no’s of 33 kV electricity posts and 51 no’s of 230V electricity posts (distribution) - See Table 19. Some of these are on immediate roadsides and may need to be shifted. According to the CEB, most of these posts will be shifted to the edge of the RoW. Yet, the service will be interrupted temporarily to enable connecting to the grid and testing in daytimes. The utility shifting program will be scheduled by the service providers (Telecommunication and CEB) at the request of the contractor. The cost for shifting utilities is included in the subproject’s cost. The service provider will announce the utility shifting program to the public using mass media to avoid any inconveniences to the users. SCDP will closely monitor the process of utility relocation in order to make sure that the social impact of shifting of utilities will be minimal.

Table 19: Impacts on common utilities Jaffna DS Division Sandilippai DS Division Sankanai DS Division Type of Utility Total 1+830 to 3+740 Km 3+740 to 7+680 Km 7+680 to 14+600 Km Telephone Posts (SLT) 15 13 40 68 Electricity Posts 230V 17 2 32 51 Electricity Posts 33kV 6 2 40 48 Source: EE, CEB, Jaffna

55. The public drinking water supply line with the five common tap posts in Araly North GN division (8+340 Km to 9+880 Km) operated by the Valikamam West Pradeshiya Sabha (local government agency) will be affected and need to be shifted. The pipe line and the common tap posts are located along the road easement and they will be relocated to the edge of new RoW of the road. The cost of shifting the service has been included in the sub project’s cost and it will be undertaken by the construction contractor of AB 21 road under close monitoring of Valli West Pradeshiya Sabha and SCDP. The re-installation of the five common tap posts and water distribution line will be done prior to removing the existing water supply line to avoid service interruption.

56. If there are any service interruptions during civil works, the construction contractor will make arrangements with the Valikamam West Pradeshiya Sabha to supply water to the affected households using bowsers and the subproject will bear the related costs.

2.10 CONSTRUCTION RELATED IMPACTS AND MITIGATION MEASURES 57. A Social Impact Mitigation Plan (SIMP) is included in Annex 3. It consists of measures to mitigate hazards and public inconveniences causing from construction related work such as disturbed access to public places and private homes along the road, pedestrian safety, traffic congestion, shifting of common and private utilities, construction and labour camps and stock yards, dust, noise and vibration, parking of vehicles belonging to construction teams, occupational health & safety, and labour influx and management.

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Resettlement Action Plan- AB 21 Road, Jaffna

58. The Social Impact Mitigation Plan (SIMP) appended to this RAP, outlines a set of broad parameters to mitigate the risks associated with the social impacts from labour influx. These mitigation measures are guided by the World Bank’s Guidelines on ‘Managing the Risks of Adverse Impacts on Communities from Temporary Project Induced Labour Influx’. SCDP will continue to assess the impacts of labour influx, particularly in consultation with local communities and other stakeholders, and will incorporate additional measures to address the adverse impacts. In this regard, the contractor will also be encouraged to give priority to recruit local labour wherever possible in order to avoid/minimize setting up of labour camps for labour teams coming from outside and, any other burdens falling on the local communities. The work force of the construction contractor is estimated at t 75 comprising 48 manual labourers, 15 skilled workers, 9 supervisory grade personnel, and 3 support staff. All manual labourers and support staff will be hired locally. The supervisory grade personnel and the skilled workers will be hired from outside by the contractor. Construction of labour camps will not be required but the external work force will be provided rented accommodation by the construction contractor closer to the work sites. A code of conduct for work force, both local and external will be introduced by the contractor which will be strictly enforced. The supervision consultant and SCDP will closely monitor the labour management by the contractor.

59. The mitigation measures embedded in the SIMP will be part of the tender package and construction contract. Prior to starting construction, the contractor will be required to prepare and submit its own SIMP to SCDP describing how he/she will comply with the Project’s safeguards documents, including the RAP and demonstrate that sufficient funds are allocated for that purpose. The Contractor’s SIMP will include management plans for: (i) work activities; (ii) traffic management; (iii) occupational health and safety; (iv) social management; (v) labour influx and worker camp management plan; (vi) code of conduct for workers, including measures to address gender based violence; (vii) worker engagement policies and conditions and (viii) Handling of grievances from community (GRM). If issues emerge during implementation for which the Contractor’s SIMP does not contain appropriate mitigation measures, the Contractor will be required to update his/her SIMP to include such mitigation measures and, if necessary, the civil works contract will be amended. Civil works for AB 21 road will not commence until the Contractor prepares an appropriate SIMP, which properly identifies and proposes risk mitigation measures, and it is approved by SCDP. The Contractor will employ a dedicated social safeguards officer who will be responsible for ensuring effective implementation of SIMP, and management of social safeguards. The Contractor will submit regular reports to SCDP, and proactively address any issues that arise. SCDP will regularly monitor and supervise the implementation of SIMP, and Contractor’s compliance with social safeguards.

60. The contractor will be encouraged to recruit workers from the affected area in order to avoid large scale influx of external labour and provide employment to affected populations. The key principles adopted in developing the social impact mitigation procedures include adequate consultation with and information dissemination to affected parties, raising public

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Resettlement Action Plan- AB 21 Road, Jaffna and contractor awareness relating to avoiding hazards and immediate responses to grievances from the community as and when they emerge.

61. The sub project cost estimate includes the budget required to implement the both SIMP and Environment Management Plan (EMP). If the contractor did not comply to implement the EMP and SIMP, the payment item of safeguard activities will be excluded from his/her bill.

62. During the past war period explosives and mines had been placed in many areas of Northern and Eastern region of Sri Lanka. After the war, demining had been undertaken by GOSL and almost all demining activities have been completed by now. Therefore, civil works of AB 21 will not be at risk due to explosives or land mines. The letter from the district administration regarding land mines clearance is attached as Annex 2: Letter from GA-Jaffna on Land Mines clearances.

2.11 SOCIOECONOMIC PROFILE OF THE PROJECT AFFECTED PERSONS 63. This chapter presents a socio-economic profile of the households living in the project impact area. The profile is based on a socio-economic survey conducted with 188 households who included 163 project affected households in the Sankanai and Sandilippai DSDs and, a sample of 25 beneficiary households living beside the road section in the Jaffna DSD. There had been no project affected households in the road section traversing the Jaffna DSD. 64. There are no indigenous peoples found within the Jaffna district as well as in the subproject impact areas. Therefore, no permanent or temporary and direct or indirect impacts on indigenous communities are anticipated. Since the end of the civil-war in May 2009, law and order has been restored in the war affected northern and eastern provinces, and the security of the general public is ensued. Incidences of conflicts have not been reported since 2009. The government has also launched a national reconciliation and integration program together with mega development projects to reduce any disparities in resource allocations and to prevent resurgence of conflicts. 65. The road section selected for rehabilitation traverses thee DSDs (Sankanai, Sandilppai and Jaffna) and 14 GNDs (Table 20). The project impact area is largely rural with 73% of total household population of GNDs. The rest 27% marginally spread over semi-urban and urban areas. The Tamil ethnic community represents 97% of the total GND population whereas the rest 3% are Muslims.

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Resettlement Action Plan- AB 21 Road, Jaffna

Table 20: Project influenced GN Divisions GN. Division G.N Tamil Muslim Total SN Division Households Population Households Population Households Population No 1 Kodday J/83 585 2,005 5 18 590 2,023 2 Navanthurai South J/84 599 2,259 120 516 719 2,775 3 Navanthurai North J/85 647 2,340 34 136 681 2,476 4 New Moor Street J/88 334 1,340 72 309 406 1,649 5 Anaikoddai J/133 1071 3,730 1,071 3,730 6 Navaly East J/135 469 1470 469 1,470 7 Navaly South J/136 485 1,661 485 1661 8 Araly West J/160, 417 1,415 417 1,415 9 Araly Centrer J/161, 531 2,697 531 2,697 10 Araly East J/163, 687 2,276 1 3 688 2,279 11 Araly North J/164, 564 1,943 564 1,943 12 Vaddu South J/165, 908 3,076 908 3,076 13 Vaddu South West J/166, 410 1,135 410 1,135 14 Moolai J/171, 921 2,961 921 2,961 Total 8,628 30,308 232 982 8,860 31,290 Source: Divisional Profiles 2017

2.11.1 Population and gender 66. The male population in the 188 households exceeds their counterpart female population with 52.65% and 47.35% respectively. This contrasts the Jaffna district figures where the female population (51.7%) exceeds the male population who constitutes only 48.3%. (District Statistics Handbook, 2012). The gender ratio (male/female) in the project impact area is 0.9 whereas the district ratio is 0.88. There are 23 women headed households (12%) among the 188 households. The number of nuclear families is 160 whereas the rest 28 live in extended families.

2.11.2 Age structure 67. The age profile shows a higher percentage of population representing the age category of 6-19 years (21.9%) followed by another 20.27% in the age group of 46-60 years. The household population over and above 60 years constitutes 19.59% while the child population below the age of 5 years is 4.76%. The dependency ratio is estimated at 0.86 per person who are dependent on the incomes of a single person. The demographic profile of the APs is presented in Table 21. Table 21: Demographic Profile Criteria Category Numbers Percentage %

Number of Households 188 Household population 735 Gender Male 387 52.65 Female 348 47.35 0 - 5 35 4.76 6 to 19 161 21.90 20 to 30 108 14.69 Age (Years) 31 to 45 138 18.78 46 to 60 149 20.27 > 60 144 19.59

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Resettlement Action Plan- AB 21 Road, Jaffna

Criteria Category Numbers Percentage %

Dependency ratio 0.86 Married 376 51.16 Marital status Unmarried 330 44.90

Divorced 3 0.41 Separated 2 0.27

Widow 18 2.45 Widower 6 0.82 Source: Census in April 2018

2.11.3 Marital Status 68. The married population among the 188 households is 376 (51.16%) whereas the unmarried population is 330 (44.9%). The rest 4% includes those who have divorced, separated and are widows (Table 21). 2.11.4 Education 69. Table 22 illustrates the educational standards of the household population. The population that completed 5-6 years of schooling represents 12% while another 28% had 10-11 years of schooling. Almost one-third of the population had passed the General Certificate of Education (GCE) Ordinary Level examination whereas the population that passed the General Certificate of Education (GCE) Advanced Level examination is only one-fifth of the population. Those who are pursuing university education as well as those who completed a basic university degree or a higher degree comprise 6.28% of the population. The population that had no formal education and never attended a school is comparatively small and represents only 1.28% of the population. The household population includes 34 children below the age of 5 years awaiting schooling. The student population is 258.

Table 22: Educational attainments Category Numbers Percentage % Class I-V 83 11.84 Class VI-G.C.E. (O/L) 195 27.82 G.C.E. (O/L) Pass 232 33.09 G.C.E. (A/L) Pass 138 19.69 Undergraduate/Graduate 38 5.42 Post Graduate 6 0.86 Never been to a school 9 1.28 Total 701 100.00 Source: Census in April 2018

2.11.5 Type of houses and households amenities Of the directly affected 163 APs, 162 are titleholders of their land. It is only a single AP who did not have a title to the land he occupied, as he operated as a tenant (unregistered) for the bicycle repair workshop that he operated. Except for the bicycle repair workshop, which is a temporary shed, all other residential and commercial structures are permanent. All residential dwellings are provided with grid electricity. The National Water Supply and Drainage Board (NWS&DB) provides pipe-borne water to the APs who live in the Aralay area (1.098km) and,

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Resettlement Action Plan- AB 21 Road, Jaffna the Pradeshiya Sabha of Valikamum South-West supplies drinking water to the APs in Chulipuram-Sandilipai area (2.5km). However, water supply for the latter is limited to 2 hours a day, one hour in the in the morning and one hour in the evening. (See Annex 12: Layout of water supply line provided by PS). The APs who do not have access to pipe-borne water, access water from their private dug wells. All APs have private water sealed toilet facilities. 2.11.6 Livelihoods 70. The active labour force constitutes 264 persons or 36% of the household population. Self-employment (18.93%), Labour works (18.93%) and employment in the government sector jobs (18.18) are the major occupations of the project affected persons and, they represent more than half of the labour force (56.04%). Another one-fourth of the labour force (25.4%) is engaged in agricultural activities (11.74%) and employment in private agencies or non- governmental organizations (13.64%). People in the fishery sector are only 4.17%. Table 23 presents the livelihood activities of households. The unemployed population is reported as 72 persons.

Table 23: Livelihoods of the households Number of Type of livelihoods % Persons Agriculture 31 11.74 Fishing 11 4.17 Labour Work 50 18.93 Business Activities 10 3.79 Employment in Government Sector 48 18.18 Employment in Private and NGO Sector 36 13.64 Foreign Employment 10 3.79 Police & other armed services 1 0.38 Self-employed 50 18.93 Retired Persons 17 6.44 Total 264 100 Source: Census, in April 2018

Household Incomes and Expenditures

71. Table 24 presents the monthly incomes and expenditure of the households. . The monthly incomes of a little less than half the households range between SLRs 10,000 to SLRs 30,000. Around 19% of the households generate incomes between SLRs 40,000 to SLRs 50,000 whereas those who exceed SLRs 50,000 a month represent 17%. Households that earned less than SLRs 10,000 a month constitute 15.42%. The average monthly income of a household stands at SLRs 33,265. This contrasts the national and district level average monthly household incomes which are SLRs. 62,237/- and SLRs. 54,999/- respectively (HIES, 2016). As such the household incomes of the 118 are significantly below the national and district averages. The per capita monthly income per person in the Jaffna district is estimated at SLRs 4,477 (www.statistics.gov.lk/statistical%20Hbook/2018/Jaffna/11.6.pdf). The average income per person in the 188 households is SLRs. 8,601 but the monthly income of the persons who are living in 52 households is less than SLRs. 4,477/-. Accordingly, 52 households out of 188 are below the poverty line.

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Resettlement Action Plan- AB 21 Road, Jaffna

72. A similar situation is observed in the household expenditure patterns as well with a little more than half of the households spending amounts varying from SLRs 10,000 to SLRs 30,000 to meet their consumption needs. The monthly expenditures of 17% of the households is less than SLRs. 10,000/-. Another 19% reported their monthly expenditures ranging from SLRs 30,000 to SLRs 50,000. Monthly incomes of 12.23% households exceeded SLRs.50,000/-. The average monthly expenditure of a household is SLRs 28,590/- which is far below the national and district figures of SLRs 47,731 and SLRs 43,571 respectively.

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Resettlement Action Plan- AB 21 Road, Jaffna

Table 24: Average monthly household incomes and expenditures Income Expenditure Income category Percentage Percentage Households Households (SLRs) (%) (%) <10,000 29 15.42 32 17.02 10,001 to 20,000 38 20.21 48 25.53 20,001 to 30,000 54 28.72 49 26.06 30,001 to 40,000 19 10.11 26 13.83 40,001 to 50,000 16 8.51 10 5.32 >50,000 32 17.02 23 12.23 Total 188 100 188 100 Source: Census, April 2018

2.11.6 Vulnerability 73. Four categories of vulnerable groups were identified in the socio-economic survey. They include the following. • Women headed households with no sustainable means of support. • Elderly household heads over 70 years without any economic and social support yet shouldering the entire family responsibilities • Disabled heads without any able-bodied earning members and unable to work and support the family. • Poor households who are living below the official poverty line 15. Altogether 86 household heads fell into any of the four vulnerable categories mentioned above. The 86 vulnerable heads of households included 14 elderly persons over and above 70 years with no other family support, another 12 with different forms of disabilities who are no longer able to support their families and, 8 women headed households with no sustainable means of support for their families, and 52 households who were below the poverty line. Out of 86 vulnerable households, 70 were among directly affected households due to land acquisitions. The households that received government’s Samurdhi assistance targeted for poor and vulnerable households accounted for 31 pointing to exclusion of some of the eligible households. The project would provide special vulnerable allowances to these 70 households, provisions for which are included in both entitlement matrix and the resettlement budget. Furthermore, the project will extend additional assistance for these vulnerable households to reconstruct their damaged auxiliary structures or else will get the construction contractor to reconstruct them in case they are unable to carry out the restoration work by themselves. Of the 70 vulnerable households, auxiliary structures of 23 households will be affected.

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Resettlement Action Plan- AB 21 Road, Jaffna CHAPTER THREE 3.0 LEGAL AND POLICY FRAMEWORK 3.1 INTRODUCTION 74. The legal and policy framework for involuntary acquisition of private land, determining entitlements for persons affected by land acquisitions for the rehabilitation of Jaffna Ponnalai Point Pedro Road project will be guided by GOSL‘s Land Acquisition Act (LAA) No.9 of 1950 as amended in 1986, Land Acquisition Regulations of 2008 and the Land Acquisition (Payment of Compensation) Regulations of 2013, National Involuntary Resettlement Policy (NIRP) of 2001, the World Bank’s Safeguards Policy OP 4.12 and the Resettlement Policy Framework (RPF) of SCDP. The total land requirement for the subproject is estimated at 7.71ha. The land earmarked for project construction is largely the state land vested RDA, Divisional Secretary, Palmyra Development Board and the Pradeshiya Sabha (Local Government Authority). The private land required for road rehabilitation is 1.32ha, which is 17.1% of the total land requirement. Thus, 79.5% (6.13ha) of the total land requirement for the project will be obtained from state agencies. Of the 6.13ha land extent, 5.48ha (90%) is under RDA as road reservation area. About 0.65ha land extent will be released by other government agencies to RDA for rehabilitation of AB21 road based on a memorandum of understanding (MOU) reached between the respective government agencies and the RDA.

3.2 LEGAL FRAMEWORK FOR INVOLUNTARY LAND ACQUISITIONS 75. Involuntary acquisition of private land for a public purpose is guided by the Land Acquisition Act (LAA) No.9 of 1950.The LAA provides for compensation for land, structures and crops affected by acquisition. The entitlements and compensation for persons affected by land acquisitions will be determined as per the provisions in the Land Acquisition Regulations of 2008 and the Land Acquisition (Payment of Compensation) Regulations of 2013.

3.2.1 Land Acquisition Act No. 9 of 1950 76. The acquisition of land for public purposes is guided by the provisions and procedures outlined in the Land Acquisition Act No. 9 of 1950 (LAA) and its subsequent amendments. The Act provides a framework for land acquisition and guarantees that no one can be deprived of land except under the provisions of the LAA, and it entitles Affected Persons (APs) to a hearing before acquisition. The Act is based on the principle of eminent domain and lays down the general procedure for the acquisition of private land for ‘public purpose’ (e.g. development projects). The acquisition of land for public purposes is a time-consuming process and can take a minimum of 72 weeks for its completion. The procedures involved in acquiring land for public purposes are set out in Table 25. The Act discourages unnecessary acquisition and lands that have been acquired for one purpose cannot be used for a different purpose and lands that remain unused have to be returned to the original owners.

77. Under the LAA, the Ministry of Land is responsible for land acquisition, which is carried out by acquiring officers who are appointed by the Minister of Lands, and gazetted for the

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Resettlement Action Plan- AB 21 Road, Jaffna information of the public. All Divisional Secretaries are the ex-officio Acquiring Officers, whereas the Valuation Department is responsible for the valuation.

78. The LAA provides for compensation for lands and other fixed assets built and grown on them (structures, trees and orchards and crops). It also covers loss of income for people who can provide documentary proof of their losses, up to a maximum of their average net profit for the three years immediately preceding publication of the Section 07 Notice under the LAA. As described in the ensuing section, the Land Acquisition Regulations of 2008 has introduced provision to compensate for loss of income and other impacts based on furnishing other evidence in lieu of the documentary proof of payment of income tax. However, the 2008 Regulations do not cover people that cannot produce any documentary evidence of loss of income. Table 25: Land Acquisition Process under Land Acquisition Act No. 9 of 1950 No. Activity Responsibility 1. Conduct land investigation SCDP Prepare application for acquisition of land for a public purpose to the secretary of the line ministry with details of land extent, 2. current situation, boundaries, names and addresses of SCDP landowners/claimants, estimated cost and source of payment (Form GAL 29) 3. Submit the application to secretary, MOL Secretary, MM&WD Submit the application with his/her recommendation to the 4. Secretary, MOL Minister, MOL 5. Authorization for acquisition of land under Section 2 of LAA Minister, MOL 6. Issue of Section 2 Notice to acquiring officer MOL Exhibit Section 2 Notice in Sinhala, English and Tamil languages in DS- Valikamam South West 7. project area and send copies to claimants DS- Valikamam West Request District Superintendent of Surveys to prepare Advance 8. -Do- Tracing 9. Survey the land and prepare the Advance Tracing Superintendent of Surveys 10. Issue of Section 5 Notice to proceed with acquisition Minister, MOL Exhibit Section 5 Notice in Sinhala, English and Tamil languages in DS- Valikamam South West 11. project area DS- Valikamam Request the Superintendent of Surveys to prepare a ‘preliminary 12. -Do- plan’ under Section 6 of LAA Survey the land, prepare the preliminary plan and submit to the 13. Superintendent of Surveys acquiring officer and MOL Issue the notice of land acquisition under Section 7 in Sinhala, English and Tamil in the Government Gazette, exhibit the Notice DS- Valikamam South West 14. in project area and send copies to MOL and call for submission of DS- Valikamam claims by interested parties/claimants Conduct inquiries under Section 9 to determine the ownership 15. -Do- rights of the land and the compensation payable Issue the notice of ownership status of the land under Section 16. -Do- 10(1)(a) Request the Chief Valuer to determine the compensation for the 17. -Do- property to be acquired. 18. Conduct the valuation of the land and other properties Valuation Department 19. Send the valuation report to the acquiring officer Valuation Department Issue the Section 17 award letter indicating the eligible DS- Valikamam South West 20. compensation to APs. DS- Valikamam

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Resettlement Action Plan- AB 21 Road, Jaffna

No. Activity Responsibility Issue and display the section 15 notice to nonappearance 21. claimants of 9th inquiries to send their request in writing (if any) -Do- to acquiring officer Deposit the nominal compensation value decided by chief valuer 22. in District Courts in the absence of claimants and dispute title to -Do- the acquired properties. Submit application for issue of Ministerial order in Gazette to 23. Secretary, MM&WD take possession of land 24. Issue of Ministerial order in Gazette to take possession of land MOL Take over the possession of the land on behalf of State under DS- Valikamam South West 25. Section 38 DS- Valikamam Vesting the possession of the property with the applicant 26. organization by way of a certificate under Section 44 which -Do- constitutes a legal title for the land

3.2.2 Land Acquisition Regulations of 2008 79. The LAA provides for the payment of compensation on the basis of ‘market value’ defined as the ‘amount which the land might be expected to have realized if sold by a willing seller in the open market as a separate entity’. This ‘separate entity principle’ resulted in hardships particularly when a small part of a larger land was acquired since such small areas of land fetched a minimum value in the open market. The Land Acquisition Regulations of 2008 approved by the Cabinet of Ministers and the Parliament under Section 63 (2) (f) of LAA 1950 and published in the Government Gazette of 07th April, 2009 (Gazette notification No.1596/12 of 7.4.2009) gave the legal status to these Regulations and bound all development projects by the consolidated land acquisition and resettlement/rehabilitation processes outlined in the National Involuntary Resettlement Policy of 2001 (see below for description of this policy). The Regulations redefine the valuation approach for determining market value and states that ‘in the case of land where part of a land is acquired and when its value as a separate entity deems to realize a value proportionately lower than the Market Value of the main land the compensation should be proportionate to the value of the main land’. The Regulations also provides additional compensation beyond ‘market value’ and incorporates compensation for injurious affection and severance (equivalent to the full cost of damage based on the market value of land acquired) and disturbances (in terms of Section 3.11, and based on the principle of ‘value to owner’ of the property affected as per the written claims submitted by the AP). The regulations also provide for payment of compensation to non-titleholders.

80. The 2008 Regulations incorporate the concept of replacement cost in the valuation of land and other assets. The regulations require compensation for land to be paid at market rates, along with the cost of reconstruction for houses and other structures, without taking into account depreciation of the buildings. The Regulations also include provision to compensate for loss of business income, as well as relocation assistance and other benefits. Further, the 2008 Regulations provides for affected persons to be entitled for a hearing before their land is acquired. However, the level of compensation can only be determined by the Valuation Department.

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Resettlement Action Plan- AB 21 Road, Jaffna

3.2.3 Land Acquisition (Payment of Compensation) Regulations of 2013 81. The Land Acquisition (Payment of Compensation) Regulations of 2013 apply only for development projects which are designated as ‘specified project’ by the Ministry of Lands and ratified by the Cabinet of Ministers and the Parliament of Sri Lanka. The Regulations provides for a comprehensive compensation package following land acquisition. The specified projects qualify to establish Land Acquisition and Resettlement Committees (LARC) in the Divisional Secretary Divisions where the persons affected by land acquisition can make their representations. Affected parties also have the opportunity to appear before the LARC proceedings and those dissatisfied with LARC decisions on compensation may appeal to the Super LARC established at the national level. SCDP has been recognized as a “specified project” by Cabinet Paper Ref. No. 15/0773/614/022 dated 24th June 2015.

82. The LARC system provides a mechanism for the parties affected by land acquisition to appeal for a higher compensation if they were dissatisfied with the statutory compensation paid to them under the Land Acquisition Act (LAA) of 1950. The LAA of 1950 provides only a limited appeal process for aggrieved parties through the Land Acquisition Review Board (LARB) which is hardly accessible to many affected parties particularly the poor and vulnerable due to cost and time. Instead, the LARC established at divisional secretariat level and chaired by the divisional secretary is easily accessible to APs where he/she will be given an opportunity to make their representations during LARC proceedings. Participation in LARC proceedings has a minimum cost to the APs and he/she can present their grievances and needs before the LARC committee. The LARC is constituted by the Divisional Secretary or Assistant Divisional Secretary of the relevant Divisional Secretary’s Division, the Surveyor General or his nominee, the Chief Valuer or his nominee and an officer not below the rank of the Assistant Secretary nominated by the Minister to whom the subject of the respective Specified Project has been assigned. LARC offers an ex-gratia package of compensation which among others include compensation for land, encroached state land, paddy land, buildings and structures, rent controlled premises under the Rent Act, loss of business and livelihoods, allowances for vulnerable families, loss of wages and employment, ex-gratia payments for handing over possession of property before the deadline, payments for relocation and self-relocation etc.

83. APs who are dissatisfied with the decisions of LARC can appeal to the Super LARC established at national level and constituted by LAR 2013. The Super LARC consists of the following members appointed by the Minister: • The Secretary of the Ministry of the Minister to whom the respective subject of the Specified Project is assigned or his representative; • The Secretary of the Ministry of the Minister to whom the subject of Land and Land Development is assigned or his/her representative; • The Secretary of the Ministry of the Minister to whom the subject of Finance is assigned or his/her representative; • The Chief Valuer or his representative; • The Survey General or his representative;

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• The Chairman or Chief Executive Officer of the respective Specified Project or a representative nominated by him/her

3.2.4 National Involuntary Resettlement Policy of 2001 84. The National Involuntary Resettlement Policy (NIRP 2001), was approved by Cabinet to address the shortcomings of the LAA and is designed to treat affected people in a fairer and more equitable manner. It calls for a protective framework for people displaced by development projects, to ensure that their rights are respected and that they are not impoverished or do not suffer unduly as a result of public or private project implementation. Under the NIRP, displaced people are assured of a living standard comparable to that at the time of displacement. The main principles or features of NIRP include the minimization and mitigation of negative impacts. This means steps must be taken to avoid involuntary resettlement by reviewing alternatives to the project. NIRP guarantees that affected persons are adequately compensated in a timely manner. Compensation is based on full replacement value, including transaction costs, and is calculated to include loss of land, and loss of structures and other assets, and income. Compensation is not limited to persons that have documentary evidence of their rights to land. The policy provides for the authorities to re- establish the livelihoods and income of affected persons and to include them in the design and implementation of the relocation and resettlement process.

85. The Policy is intended to guarantee that: (i) project affected persons are adequately compensated, relocated and rehabilitated; (ii) delays in project implementation and cost overruns are reduced; and (iii) better community relations are restored. It aims at ensuring that people affected by development projects are treated in a fair and equitable manner, and ensuring that they are not impoverished in the process. The policy also enables establishing the framework for project planning and implementation that would meet international best practices in involuntary resettlement. The responsibility for reviewing and approving RAPs is vested with the Ministry of Land and Land Development.

86. The main principles of NIRP are as follows: • Involuntary resettlement should be avoided as much as possible by reviewing alternatives to the project as well as alternatives within the project. • Where involuntary resettlement is unavoidable, affected persons should be assisted to re-establish themselves and improve their quality of life. • Gender equality and equity should be ensured and adhered to throughout. • Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. • Replacement land should be an option for compensation in the case of loss of land; and in the absence of replacement land cash compensation should be an option for all affected persons. • Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs.

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• Resettlement should be planned and implemented with full participation of the provincial and local authorities. • Participatory measures should be designed and implemented to assist those economically and socially affected to be integrated into the host communities. • Common property resources and community and public services should be provided to affected persons. • Resettlement should be planned as a development activity for the affected persons. • Affected persons who do not have title deeds to land should receive fair and just treatment. • Vulnerable groups should be identified and given appropriate assistance to improve their living standards. • Project Executing Agencies should bear the full costs of compensation and resettlement.

3.2.5 Involuntary Resettlement Policy of the World Bank (OP/BP 4.12) 87. The Involuntary Resettlement Policy (OP 4.12) is the Bank’s key safeguards framework that guides land acquisition and addressing resettlement impacts of the Bank-funded development projects. The policy guides the project partner agencies in screening the projects for social impacts in conformity with applicable national laws and regulations and the Bank’s safeguard policies.

88. The World Bank’s operational policy on Involuntary Resettlement (OP 4.12) seeks to: (a) avoid where feasible or minimize involuntary resettlement, exploring all viable alternative project designs; (b) if not feasible to avoid resettlement, resettlement activities be conceived and executed as sustainable development programs providing sufficient resources to enable the displaced persons to share in project benefits; (c) ensure that the displaced persons are informed about their options and rights pertaining to resettlement; (d) meaningfully consult the displaced persons and provide them with opportunities to participate in the planning and implementation of resettlement programs; (e) assist the displaced persons in their efforts to improve their standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

89. The policy covers both direct economic and social impacts that are caused by involuntary taking of land, resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihoods, whether or not the affected persons must move to another location; or (iv) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

90. In order to address the above impacts, the policy requires the borrower to prepare a resettlement plan that includes measures to ensure that the displaced persons are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices

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Resettlement Action Plan- AB 21 Road, Jaffna among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.

91. If the impacts include physical relocation, the resettlement plan should include measures to ensure that displaced persons are (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site. Furthermore, they should be offered (i) support for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihoods and standards of living; and (ii) development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. Particular attention should be paid to the needs of vulnerable groups among those displaced, who may not be protected through national land compensation legislation.

92. If land is not the preferred option of the displaced persons, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. Payment of cash compensation for lost assets may be appropriate where (i) livelihoods are land based but the land taken for the project is a small fraction of the affected asset and the residual is economically viable; (ii) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (iii) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets.

93. The policy also requires that compensation and other assistance required for relocation be completed, prior to displacement and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. Displaced persons eligible for compensation would include (i) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (ii) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and (iii) those who have no recognizable legal right or claim to the land they are occupying.

94. The social safeguards of the SCDP development interventions will be managed in accordance with the Resettlement Policy Framework (RPF) prepared under the project. This RAP is prepared in compliance with the RPF and provides an Entitlement Matrix (EM) and specific guidelines to address risks arising from involuntary resettlement. Whereas LAA remains the main legal procedure for acquiring private land required for the Project, the affected persons and households will receive eligible compensation and resettlement benefits as per 34

Resettlement Action Plan- AB 21 Road, Jaffna the Entitlement Matrix given in this RAP irrespective of their title or occupancy status prior to losing shelter, business, assets, and incomes due to this subproject.

95. Land acquisition and resettlement impacts will be compensated in accordance with the entitlement matrix in the Resettlement Action Plan. As per the policy adopted for this project, all compensation for loss of land, structures and other assets will be based on full replacement cost. The EM explains the category and type of loss and the eligible category for entitlements.

3.3 GAPS BETWEEN COUNTRY AND WORLD BANK SAFEGUARDS REQUIREMENTS 96. Sri Lanka has developed an elaborate legal system to manage land acquisition for development purposes. However, where property and livelihoods of non-title holders are concerned, the legal provisions are less elaborate but policy guidelines have been established to address the gaps. Sri Lanka also has a detailed system for valuation of properties, both in specialized and non-specialized categories involving different methods. The NIRP and the Land Acquisition Regulations of 2008 and 2013 seek to address gaps bringing the process closer to the Bank’s safeguards polices on involuntary land acquisitions and resettlement. For example, the Land Acquisition Act (LAA) provides for compensation for land, structures and crops, and does not address resettlement issues, including impacts on non-titleholders. NIRP provides for addressing resettlement and rehabilitation issues including payment of compensation at replacement cost irrespective of the legal status of the affected party. A key weakness of NIRP is that it is a statement of policy rather than a code of legal provisions guiding and regulating the resettlement process.

97. The LAA also does not provide clear guidelines directing the project executing agencies (EAs) to address key resettlement planning and implementation issues such as (a) exploring alternative project options to avoid or minimize impacts on people; (b) compensating the non- titled persons who will be affected by a project but are currently using and dependent on land; (c) consulting affected persons and resettlement hosts on resettlement options; (d) providing for successful social and economic integration of the affected persons into the host communities, and (e) rehabilitating affected persons along with income restoration measures. The entitlements provided for in the land acquisition regulations of 2008 and 2013 are exclusively for persons affected by involuntary land acquisitions and neither the regulations nor the LARC have the provisions to determine entitlements and compensation for persons affected by non-land economic displacements. In the circumstances, this void in the legal framework, which is further elaborated in the RPF for SCDP, will be filled by the involuntary resettlement policies of the GOSL reflected in the National Involuntary Resettlement Policy (NIRP) of 2001 and Involuntary Resettlement Policy OP 4.12 of the World Bank which are also embedded in the Resettlement Policy Framework (RPF) of SCDP.

98. In order to address these gaps, the RPF of SCDP provides an entitlement matrix and specific guidelines for dealing with involuntary resettlement related issues and mitigation of associated risks in compliance with the Bank’s OP 4.12. On the other hand, as mentioned earlier, legal provisions for dealing with resettlement impacts causing from non-land economic displacements are rather limited and hence they will have to be addressed through a project- 35

Resettlement Action Plan- AB 21 Road, Jaffna based Resettlement Action Plan. Table 26 presents a comparative analysis of the safeguards provisions in GOSL’s legal and policy framework and the safeguards policies of the World Bank, and a set of measures to address the policy compliances.

Table 26: A compliance review of the legal and policy framework of the Government of Sri Lanka and the safeguards principles of World Bank’s Involuntary Resettlement Policy

WB’s Involuntary Resettlement Legal Framework and Safeguard Degree of compliance or gaps and No. Policy Principles Policies of GOSL measures to address gaps

LAA provides for the screening of projects at the stage where a request for acquisition is initially received by Avoid or minimize involuntary the Minister of Land as well as 1. resettlement, exploring all viable Complied. consequent to the initial investigation. alternative project designs NIRP provides for reviewing alternatives to the project as well as alternatives within the project. Resettlement activities should be No provisions under LAA. conceived and executed as NIRP advocates that resettlement sustainable development 2. should be planned as a development Complied programmes providing sufficient activity for the affected persons. resources to enable the displaced

persons to share in project benefits Ensure that the displaced persons There are no legal provisions that Partially complied. SCDP will are informed about their options necessarily require the affected parties initiate a comprehensive process 3. and rights pertaining to be empowered and provided an of consultation with APs and resettlement opportunity to participate in the others during resettlement plan planning, implementation, monitoring preparation and implementation, Meaningfully consult the displaced and evaluation of resettlement to inform them of their persons and provide them with programs. entitlements and resettlement opportunities to participate in the NIRP provides for the full involvement options, to ensure their 4. planning and implementation of of the APs in the selection of relocation participation in resettlement resettlement programmes sites, livelihood compensation and development options at the earliest planning and to address the needs opportunity of vulnerable groups. Assist the displaced persons in their There are no legal provisions apart Cash compensation and livelihood efforts to improve their standards of from the payment of cash grants and R&R assistance for APs living or at least to restore them, in compensation for acquired properties. and special assistance for poor real terms, to pre-displacement NIRP recommends that where and vulnerable groups are 5. levels or to levels prevailing prior to involuntary resettlement is included in the Entitlement Matrix the beginning of project unavoidable, affected persons should and the resettlement budget of implementation, whichever is be assisted to re-establish themselves the RAP. higher. and improve their quality of life. Complied. SCDP will comply with NIRP mandates the preparation of a NIRP and OP 4.12 requirements Borrower to prepare a resettlement resettlement plan in order to 6. and accordingly prepare a plan streamline resettlement where 20 or Resettlement Action Plan for AB21 more families are affected. road Provide prompt and effective LAA provides for the payment of SCDP will comply with NIRP and compensation at ‘market value’. compensation at full replacement the entitlement matrix in the RAP 7. LAR 2008 redefines the valuation cost for losses of assets attributable prepared in accordance with OP approach to determine the market directly to the project 4.12 to ensure compensation at value and prescribes that the market 36

Resettlement Action Plan- AB 21 Road, Jaffna

WB’s Involuntary Resettlement Legal Framework and Safeguard Degree of compliance or gaps and No. Policy Principles Policies of GOSL measures to address gaps

value of a ‘separate entity’ should be full replacement cost proportionate to the value of the main land. It also incorporates compensation for injurious affection and severance (equivalent to the full cost of damage based on the market value of land acquired) and disturbances based on the principle of ‘value to owner’ of the property affected as per the written claims submitted by the AP. LAR 2013 provides for ex-gratia payments. NIRP mandates compensation for loss of land, structures, other assets and income based on full replacement cost which should be paid promptly. If the impacts include physical NIRP prescribes replacement land as SCDP will comply with NIRP and relocation, the resettlement plan an option for compensation in the case the entitlement matrix in the RPF should include measures to ensure of loss of land; and in the absence of prepared in accordance with OP that displaced persons are (i) replacement land cash compensation 4.12 and will provide for R&R provided assistance (such as moving for all affected persons. Furthermore, assistance in addition to cash allowances) during relocation; and NIRP recommends that vulnerable compensation and if required, groups be identified and given (ii) provided with residential livelihood restoration support for 8. appropriate assistance to improve housing, or housing sites, or, as the APs including vulnerable their living standards. required, agricultural sites for which groups. a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site Displaced persons should be offered (i) support for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihoods and standards of living; and (ii) development assistance in addition 9. to compensation measures such as land preparation, credit facilities, training, or job opportunities. Particular attention should be paid to the needs of vulnerable groups among those displaced, who may not be protected through national land compensation legislation. Compensation and other assistance NIRP prescribes that compensation for SCDP will comply with OP 4.12 and required for relocation be loss of land, structures, other assets NIRP to ensure that full 10. completed, prior to displacement and income should be based on full compensation is paid to APs prior and provision of resettlement sites replacement cost and should be paid to their displacement and 37

Resettlement Action Plan- AB 21 Road, Jaffna

WB’s Involuntary Resettlement Legal Framework and Safeguard Degree of compliance or gaps and No. Policy Principles Policies of GOSL measures to address gaps

with adequate facilities, where promptly commencement of civil works. required Displaced persons eligible for LAA consider only titleholders and SCDP will comply with OP 4.12 and compensation would include (i) tenants protected under the Rent Act NIRP and provide compensation those who have formal legal rights 1972 for compensation. Non- and other resettlement assistance to land (including customary and titleholders will receive only the irrespective of the title they hold. traditional rights recognized under development value of the land. the laws of the country); (ii) those NIRP prescribes that affected persons who do not have formal legal rights who do not have title deeds to land to land at the time the census should receive fair and just treatment 11 begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and (iii) those who have no recognizable legal right or claim to the land they are occupying.

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Resettlement Action Plan- AB 21 Road, Jaffna CHAPTER FOUR 4.0 ELIGIBILITY AND ENTITLEMENTS 4.1 INTRODUCTION 96. The Strategic Cities Development Project will provide cash compensation at replacement cost as well as other rehabilitation and restoration assistance (R&R) for persons affected by the acquisition of land for the Jaffna Ponnalai Point Pedro (AB21) Road rehabilitation project. As described in chapter 2, the affected parties include private titleholder landowners, one unregistered tenant, Kovils and Churches. The state agencies whose land would be either transferred to or used for (such as in the case of RDA reservations) the RDA for road rehabilitation need not be paid cash compensation as per Sri Lanka’s regulatory framework. The Kovil affected by civil works will be reconstructed within the remaining portion of the land after land acquisition and SCDP will meet the cost of reconstruction as well as those associated with performing rituals in the process of relocation.

97. Except for the relocation of one small commercial entity of a unregistered tenant, land acquisitions will not affect any other primary residential or commercial structures located beside the road. However, a number of secondary/auxiliary structures belonging to private individuals and religious institutions will be affected. Compensation for the restoration of those structures in the remaining portion of the land will be provided by SCDP at replacement cost. The subproject also requires the shifting of a drinking water pipeline, 99 electric posts and 68 telecommunication posts. The costs associated with shifting of these utility services will be paid by SCDP to their respective service providers.

4.2 ELIGIBILITY 98. The Entitlement Matrix (EM) in Table 27 provides for compensation and resettlement and rehabilitation (R & R) assistance for various categories of persons affected by the acquisition of land for the subproject. The EM is in compliance with the compensation provisions stipulated in the RPF which incorporates both the involuntary resettlement policy principles of the World Bank and the policies and regulatory framework of GOSL. If at any stage of the sub-project, additional resettlement impacts are identified, the RAP will be updated by the project implementing agency (PIA) to make provisions for mitigating such impacts with compensation and R&R benefits in line with the EM which will then be re-submitted to the World Bank for review and approval. The EM offers compensation for loss of land, trees and crops, structures and business premises and business incomes at replacement cost and special ex-gratia payments for vulnerable persons.

99. The unit of entitlement can be an individual, household, family or a community organization. The EM considers the unit of loss to determine the unit of entitlement. If more than one person has legal or customary rights to a property or resource recognized under the law, the compensation amount will be shared according to the legal entitlement.

100. Any person or household, or community who suffers loss of land, shelter, business incomes, etc. because of the subproject impact is eligible for receiving compensation and/or 39

Resettlement Action Plan- AB 21 Road, Jaffna R&R assistance to offset such losses while also enabling restoration of living conditions to a state better or equal to the pre-project situation. The eligibility is determined on the basis of census of APs carried out while preparing the RAP and approved by the PMU. In case of titleholders, eligibility is determined through scrutiny of title deeds or other ownership documents recognized under law.

4.3 CUT-OFF DATE 101. The cut-off date for eligibility for entitlement of titleholders is the Date of Notification under the Section 2 of LAA (24th November, 2017), and for non-titleholders, it is the commencement date of the census (5th April 2018). Persons who encroach on the area after the cut-off-date are not entitled to claim compensation or any other form of resettlement assistance. Fixed assets such as built structures or planted trees that came up after this date will not be covered and compensated. All involuntary land acquisitions will be compensated at replacement cost as per the LAA-1950, LA Regulations of 2008 & 2013 that include cost of replacing assets calculated based on market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments.

102. The auxiliary structures to be demolished such as toilet pits, house accesses etc. are essential parts of the daily lives of people. Therefore, these auxiliary structures will be replaced with new structures prior to the demolition of the old/existing structures. A mutually agreed time frame of approximately two months period will be allowed to the APs after the full payment of their due compensation to enable them to re-construct their auxiliary structures in the remaining portion of the land prior to the commencement of civil works.

4.4 DISPUTES RELATING TO COMPENSATION 103. In cases where disputes arise on account of the fact that land records are not updated or where the APs are unable to produce the required documents, where a group of owners or interested parties are involved or where absentee landowners do not turn up for document verification and declaration of compensation award, the compensation shall be awarded as per the established procedures under the LAA and relevant laws and regulations. In the event of landowners/claimants failing to participate in the land acquisition process or having title disputes over the property to be acquired, compensation money will be deposited in the respective district court by the Land Acquiring Officer until the court gives the verdict.

4.5 ENTITLEMENT MATRIX 104. Based on the types of land ownership, anticipated losses or damages for properties and livelihoods, the entitlements to replacement and restoration measures for this subproject are summarized in Table 27. It explains the category and type of loss and the eligible category for entitlements.

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Table 27: Entitlement Matrix Type of Definition of Sr. No. Entitlement Details Loss/Disturbance AP 1. Private Land (Highland/Homesteads) without Structures 1.1 Partial loss of Legal title Compensation I. Compensation for affected land lot based on land due to holders/ at replacement market value as per LAA 1950, injurious value, land Kovil/ cost4 severance, disturbances and transaction costs, and acquisitions Churches/ non-statutory and ex-gratia payments as per LAR affected 2013 parties with II. APs who hand over the possession of land before land use the date specified by the acquiring officer, they rights shall be entitled for an ex-gratia payment of 10% of recognized statutory compensation but not less than SLRs. under the 10,000/ and not exceeding SLRs. 100,000/- as law determined by LARC as per LAR 2013. III. Document charges related to appearing for section 9 inquiries and LARC. IV. Three months’ advance notification for harvesting standing crops and trees, or compensation for the proportion of the loss of income to APs per cultivation season/trees as certified by the Agrarian Services Officer of the particular GND. 1.2 Paddy Land acquired for the project Partial loss of Legal title Compensation I. Compensation for affected land lot based on paddy land holders/ at replacement market value as per LAA 1950, injurious value, Kovil/ cost severance, disturbances and transaction costs and Churches / non-statutory and ex-gratia payments as per LAR joint owners/ 2013 affected II. An ex-gratia payment will be made by LARC for parties with paddy lands based on the difference between the land use statutory compensation and the amount equivalent rights to ten per cent of the market value of the land as recognized computed by the Chief Valuer. under the III. APs who hand over the possession of the land law before the date specified by the acquiring officer they shall be entitled for an ex-gratia payment of 10% of statutory compensation but not less than SLRs. 10,000/ and not exceeding SLRs. 100,000/- as determined by LARC as per LAR 2013. IV. Three months’ advance notification for harvesting the crops, or compensation for crop damage as certified by the Agrarian Services Officer of the particular GND. V. Document charges related to appearing for section 9 inquiries and LARC VI. Farmers will be allowed to continue their cultivations until the commencement of civil works 1.3 Standing trees 1.3 Standing trees - Do- Ex-gratia I. Compensation for trees affected at replacement payments as cost based on the the current market price of the

4Replacement cost means the prevailing cost involved in replacing an asset at the time of acquisition and includes fair market value, transaction cost, interest accrued, transitional and restoration cost and any other applicable payments. If any, the depreciation of the assets and structure shall not be taken in to account. Where there are no active market condition, replacement cost is equivalent to delivered cost of all building materials, labour cost for construction and any transaction or relocation cost. 41

Resettlement Action Plan- AB 21 Road, Jaffna

Type of Definition of Sr. No. Entitlement Details Loss/Disturbance AP livelihood trees calculated based on their type, age, assistance productivity, lost income and life cycle of the trees as determined by LARC as per LAR 2013. II. APs will be allowed to retain the felt trees III. Providing seedlings to APs for replanting the trees in the remaining portion of the land (Replanting program is included in Environmental Management Plan) 2. Loss of Structures on private land 2.1 Permanent and Legal title Compensation I. Compensation for the damaged structures based on partial loss of holders/ at replacement replacement cost determined through market value primary and Kovil/ cost (without depreciation), injurious value, severance, auxiliary Churches/ disturbances and transaction costs as per LAA of structures affected 1950 & LAR 2013. parties with II. Right to salvage material from the demolished land use structure rights III. Mutually agreed time frame of two months for APs recognized under the to reconstruct the damaged structures after the law payment of full compensation and prior to the commencement of civil works. 2.2 Loss of Informal Compensation I. Compensation for affected structure at commercial business & replacement cost determined by LARC as per LAA Structure operators/ Rehabilitation 1950, LAR 2008 & LAR 2013. unregistered Assistance II. Loss of business income: A lump sum of SLRs. tenant 15,000 or up to 3 months income whichever is higher, as recommended by Araly North Gramaniladhari and ascertained by the Sankanai divisional secretary. III. A transport allowance of SLRs 15,000/- to shift equipment and tools, and salvage material of the bicycle repair workshop to the new business premises. IV. Right to use salvage material from the demolished structure. V. AP will be allowed a period of two months to reconstruct the new business structure after the payment of full compensation. VI. Any other R & R assistance from the project as required by the AP Poor and R & R I. An ex-gratia one-time payment shall be made for Vulnerable Assistance vulnerable and poor households as determined by Households the LARC as per LAR 2013 (in addition to their other entitlements) II. Assistance from the project to reconstruct the damaged auxiliary structures though the construction contractor in case the APs are unable to carry out the restoration work by themselves. 3 Loss of Community Infrastructure/ Common Property Resources Loss of cultural Affected Reconstruction I. Reconstruction of community infrastructures and 3.1 & Common communities of community restoration of common property resources in properties /groups/ structures and consultation with relevant institutions and the

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Type of Definition of Sr. No. Entitlement Details Loss/Disturbance AP Institutions5 common managing trustees as appropriate property II. Assistance of SLRs.50,000/- to cover the cost resources associated with performing rituals in the process of relocation of Sri Narasinger Kovil III. Construction of community infrastructure and replacement of the common resources prior to dismantling of the existing structures and their functions. 4. Unanticipated construction related impacts 4.1 Unanticipated Any Affected R&R Assistance I. Any unexpected damages for the structures, trees, construction Parties crops and other income generating activities of related impacts APs due to subproject activities will be covered by insurance policy taken by the contractor.(This is a mandatory requirement to be fulfilled by the contractor throughout the contractual period) II. SCDP will monitor the contractor to ensure that he has a sufficient insurance cover to address construction related impacts

5 Sri Narasinger Kovil, Kakathivu fishery storage room of Valikamam South-West Pradeshiya Sabha, boundary walls of the Palmyrah Development Board, & church and drinking water supply line of Valikamum South West Pradeshiys Sabha) 43

Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER FIVE 5.0 INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND PARTICIPATION 105. Information sharing about the project and consultations with all affected parties, and key stakeholder institutions and their partners played an important role in project planning in general and preparation of the RAP, in particular. This chapter describes the processes involved, key issues raised at various levels, and modifications made to the project design, and safeguards measures built into the RAP in response to public views, concerns and requests.

106. Focus group discussions (FGDs), public meetings, community discussions, key informant interviews and individual consultations were held with District Secretary, 3 Divisional Secretaries (Jaffna, Sandilippai, and Sankanai), UDA, JMC, 2 Local Authorities, RDA, Department of Surveys, and other relevant stakeholders including vulnerable households. Consultations facilitated the disclosure of project related information to the relevant stakeholders and served as a venue for the public to express their opinions on priorities and issues which the Project should address.

107. The public consultations conducted during project planning and development, and the preparation of the RAP can be broadly divided into three categories. They are; • Preliminary consultations • Consultations during the planning stage • Consultations with affected persons after the project design was completed

108. In some occasions, consultations on the AB 21 road were discussed together with other subprojects earmarked for Jaffna. However, several specific consultations were conducted with the community, land owners and farmers to share project information and, particularly on issues related to land acquisition. The initial design for the subproject was completed in May 2016 and, boundaries were demarcated by the Survey Department in May 2017 based on the initial design. The parties to be potentially affected were identified based on these survey department’s boundary demarcations. Altogether 428 persons comprising 315 males and 113 females participated in consultations conducted by SCDP during the period of February 2017 to April 2018. A summary of participation details are given in Table 28. A Leaflet on project related information shared during consultations is in Annex 6

Table 28: Stakeholder Consultations No of No Date Representatives/Participants Venue Purpose of Consultation Participants Officers of Government Institutions District To discuss about Jaffna Town 1 02.10.2015 in Jaffna city, , 52 Secretariat, and Urban Planning activities SCDP officers Jaffna Finalization of Steering & District Working Committees - SCDP 2 02.10.2015 UDA, JMC, SCDP, District Secretary 12 Secretariat, (Jaffna Town Development Plan Jaffna - 2030) Chief WB Team, SCDP, RDA, University of Minister’s Key Development Challenges in 3 07.10.2015 Jaffna, UDA, Other government 25 Office, Jaffna - Initial Consultation with Organizations Northern Stakeholders for SCDP Province 44

Resettlement Action Plan- AB 21 Road, Jaffna

JMC, SCDP, Colombo, WB, District District Stakeholder Meeting, SCDP Secretary, Divisional Secretaries, 4 18.01.2016 15 Secretariat, works, including road Interest Groups, Religious Jaffna rehabilitation Organizations, RDA, CBOs Committee SCDP- Intervention in Jaffna city Members of Parliament, District 5 10.02.2016 14 Room 8, (special attention on road Secretary, JMC, UDA Parliament rehabilitation) District Secretary, UDA, Dept. of District Discussion on Archaeological 6 11.02.2016 Archaeology, All Divisional 24 Secretariat, Sites in Northern Province Secretariats, Jaffna. Jaffna Road upgrading and impacts on Fishermen and vendors, Project Kakkaitivu Fish 7 02-08-2017 34 the structures inside the fish Staff Landing site landing site and the kovil Fishermen and members of Kovil Community Damages and compensation committee, Grama Niladari, Land hall- entitlements. Shifting of out- 8 09-05-2017 Officers of DS office, 21 Kakkaithivu boat engine storage room and Representatives of SCDP Project rebuilding of the Kovil Staff, Representatives of DS office- Sandilippaai Murukamoorth Representative of Agrarian Services y Kovil Hall, Road Upgrading and impacts, 9 25-04-2017 22 Department Anthiran Entitlements for compensation Land owners, Representatives of SCDP Pradeshiya Secretary of Valikamam South West Project impacts on Kakkitivu Sabha, 10 26-07-2017 PS, Engineer, Land officer and Social 3 Fish Market and mitigation Valikamam Officer of SCDP measures South West District Add. District Secretary, Project Staff Description of AB 21 road, Social 11 16-01-2018 58 Secretariat, and stakeholders Survey Jaffna Grama Niladari, APs, CBOs, Social GN office, Community Consultation- Araly 12 23-02-2018 21 Activists Araly North North J/164 GN Grama Niladari, APs, CBOs, Social GN office, Community Consultation- at J/ 13 28-02-2018 13 Activists J/ 166 166 Safety measures to be 14 03-03-2018 Jaffna College Students 20 Jaffna College considered during civil works. To plan the community GN office, consultation together with 15 02-03-2018 Grama Niladari 3 J/165 socio-economic and census surveys To plan the community GN office, consultation together with 16 02-03-2018 Grama Niladari, APs 12 J/160 socio-economic and census

surveys Grama Niladari, APs To plan the community GN office, consultation together with 17 16-03-2018 7 J/161 socio-economic and census surveys Grama Niladari, APs To plan the community GN office, 18 20-03-2018 6 consultation together with socio- J/135 economic and census surveys Grama Niladari, Fishery Cooperation Kakkaitivu Fish Reconstruction activities of 19 23-03-2018 15 Officers, Fishermen society Landing Site Storage room Grama Niladari, APs To plan the community Navanthuri consultation together with 20 29-03-2018 7 Community socio-economic and census Center, J/185 surveys Grama Niladari, APs To plan the community Navanthuri consultation together with 21 30-03-2018 7 Community socio-economic and census Center, J/184 surveys 45

Resettlement Action Plan- AB 21 Road, Jaffna

Navanthuri 22 04-04-2018 Navanthuri Market Vendors 3 Sub project activities Market Grama Niladari, APs Navanthuri Implementation of sub project’s 23 06-04-2018 25 Community civil works Center Grama Niladari, APs Implementation of sub project’s 24 06-04-2018 9 Navanthuri Site civil works Total 428

109. Apart from consultation sessions, all affected households and other stakeholders specified in chapter 2 were individually visited by an SCDP social team, usually consisting of a male and a female staff member for an initial briefing about the project. These initial consultations served the following purposes: • Establishing rapport with APs • Providing an introduction to SCDP • Providing a brief introduction to AB21 road rehabilitation project • Assessing the APs’ initial responses to the project and their information needs

5.1 PRELIMINARY CONSULTATIONS 110. The objective of the preliminary consultations was to disclose information about the SCDP and the subproject to the potentially affected persons/households as well as the key stakeholders in order to raise their awareness and to mobilize their support for the proposed rehabilitation of the AB 21 road section. While the potentially affected persons were met in their residences or business premises, consultations with government and other stakeholders were conducted at the Jaffna District Secretariat. The first such consultation was held on October 2, 2015 with of the representatives of the relevant government agencies and the Jaffna University. This meeting was conducted in English with Tamil translations when necessary. In this meeting the SCDP staff clarified the objectives and the scope of SCDP and possible interventions in the Jaffna region including AB 21 road section subproject. This consultative meeting with the key stakeholders also provided a forum for the participants to express their development related needs, concerns and priorities such as the need for having access to improved road network, health services, transportation for their farm and fish produce, educational services for children, etc. Furthermore, the consultations pointed to the need for encouraging local participation in project planning and implementation and, reducing traffic related accidents. A broad consensus for the subproject to rehabilitate AB 21 road section was reached at this meeting.

111. During the period October to December 2015, SCDP staff also met the relevant government agencies individually to explain their specific roles and functions in the project. The key government agencies approached were the RDA, UDA and the district and divisional level administration (see Table 28). The issues/ suggestions raised at the meetings and the responses of SCDP are summarized in Table 29

.

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Resettlement Action Plan- AB 21 Road, Jaffna

Table 29: Key issues discussed during subproject’s planning stage SN Issues/ Views/ Suggestions raised by Participants Response and Action taken by SCDP 1 There is an earth drain between the paddy land and the road from 8+300:8+400. Will it be functioning even after the road This has been included in the design. rehabilitation? This drainage is essential to convey the large Land is available to establish the amount of water accumulated in this area and to prevent culverts damages to paddy cultivation. 2 Will the road surface be raised to a higher level in this paddy Access improvement is included to land (8+200:8+400) area? We will face difficulty to get design machineries into the paddy land if the road level is too high. 3 Department of survey marked the land APs asked to clearly demarcate their land boundaries. acquisition boundaries 4 There should be new culvert to be installed at 14+380 to divert the water accumulated in the settlement area towards the It has been included in the design lagoon. 5 There is an earth 10 feet wide drain with a sluice between the paddy land and the road from (12+020: 12+440). Will it be It has been considered during sub functioning even after the road rehabilitation? This drainage is project designing and included in the essential to convey the large amount of water accumulated in design this area to secure the paddy and also to irrigate the paddy land with accumulated water using the sluices. 6 There is a culvert which is not functioning properly now at the Vaddukkodai junction (11+040), and it should be restored to It has been included in the design functioning levels together with the connected earth drain 7 Land owners requested to minimize land acquisition. And Compensation will be paid at compensation should be paid at market value. replacement cost 8 The land owners living close to costal belt had concerns about the use of lime stones for road construction as it would cause Project will ensure that it will not use environmental degradation leading to saline intrusion to any materials harmful to the ground water. Use of alternative materials such as granite from environment Medawachchiya and, techniques such as soil stabilization should be considered 9 Requested installation of CCTV cameras for safety purposes Informed that these facilities will not be and for regulating traffic movements part of the proposed subproject

5.2 CONSULTATIONS DURING RESETTLEMENT PLANNING STAGE AND THE INITIAL DESIGN COMPLETION STAGE 112. During the planning stage, consultations were conducted with selected stakeholders and APs at the district, divisional and community levels, in order to identify approaches and strategies to address public concerns and safeguards requirements. Information about the venues, participants and dates of these meetings are given in Table 28 and, issues discussed and decisions reached with respective stakeholders are presented in Table 30.

113. Consultations with APs were conducted to share information on the subproject related impacts, specifically due to land acquisitions, entitlements and compensation for losses, and grievance redress procedures. Issues raised by participants about land acquisition procedures, compensation process and, possible adverse impacts during the construction period and the management of the contractor’s conduct were responded by the staff of SCDP, details of which are presented in Table 30. Where necessary and feasible the initial design was modified appropriately in response to public opinions and views expressed by APs at this stage. A summary of key issues raised at these consultations is presented in Table 30. 47

Resettlement Action Plan- AB 21 Road, Jaffna

Table 30: Key issues discussed at consultations No. Views/ Issues Response and Action taken by SCDP Land Oowners requested to minimize land 1 acquisition. And compensation should be paid at Compensation will be paid at replacement cost market value. Requested basic facilities on road side such as bus 2 Requested facilities will be provided shelters with benches Requested that pedestrian crossings are marked near 3 Included in the road design the schools Increased traffic volume and vehicle speeds can pose All safety measures will be introduced during and safety risks; requested that adequate road signs are 4 after road rehabilitation displayed in residential areas and in areas where

school children are moving The community requested additional culverts at following chainage 5+100, 5+800, 7+970 (next to the Araly Barrage). Valukkai aru scheme passes through the barrage and the surrounding area regularly get The project will ensure constructing sufficient culverts 5 flooded due to lack of water discharge into the in the appropriate places lagoon. The community requested the widening of culverts at 11+040, 12+020, 12+400, & 14+380 to discharge storm water to avoid flooding Do not disturb the accesses to paddy fields as well as The design includes the improvement of access from residential and highlands during civil works and sub the AB21 road and the existing access will not be 6 project’s operation. Beach access should not be disturbed during civil works and after rehabilitation blocked during the road rehabilitation at Kakaithivu works. landing site Damages to the Kovil should be avoided or else it Kovil will be rebuilt according to the design to be 7 should be relocated in the same premises provided by the caretaker. The engine storage room which will be damaged due Damaged structures will be restored with improved 8 to subproject should be reconstructed with better facilities in the remaining portion of same land facilities A drinking water supply scheme managed by The project will construct the new water line first and 9 Pradeshiya Sabha in Araly North GND should not be operate. The old water line will be removed after new disturbed. water supply is established.

114. Arrangements for continuous consultation and information disclosure will include conducting stakeholder and community consultations to make them aware about subproject construction work, land acquisition and compensation process, resettlement activities and the grievance redress procedures.

5.3 INFORMATION DISCLOSURE 115. Information disclosure to APs constituted part of the consultations conducted with them. A printed leaflet covering the following information was handed over to each AP at the beginning of this consultation (Annex 6: Information Leaflet); • Information about the SCDP • Relevance and importance of the subproject • Funding sources for the subproject • Time frame for project implementation • Contact information

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Resettlement Action Plan- AB 21 Road, Jaffna

5.3.1 Disclosure of RAP 116. The RAP will be disclosed in local languages (Tamil and Sinhala) as required by the safeguard policies of the WB and the GOSL, and will be made available for the public scrutiny. The RAP will be disclosed at SCDP’s web site (www.scdp/scdp.lk) as well as World Bank Info Shop after getting clearances from WB and, links will be published in the print media.

5.3.2 Maintaining Information Profile 117. The PIU/Jaffna will maintain a data base of all information including maps and photographs collected during census survey and consultations. The data base will be updated by PIU in periodic intervals and, it will be used for purposes of RAP implementation and monitoring.

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER SIX 6.0 GRIEVANCE REDRESS MECHANISM 118. A Grievance Redress Mechanism (GRM) consists of institutions, instruments, methods and processes by which a resolution to a grievance is sought and provided. The impacts of the AB21 project may raise numerous grievances and complaints on the part of affected persons. Possible grievances can include: civil construction works such as problems associated with contract management and contractor performance, damages to public and private properties, people’s concerns over their personal safety; various inconveniences to the general public such as access difficulties, restrictions to public places, disturbances resulting from noise and dust, and issues related to labour influx such as conduct of laborers, gender-based violence, etc. The grievances reported by the aggrieved parties will be addressed through a four-tier GRM established by SCDP. The grievances related with land acquisition and compensation will not be addressed through the GRM since there is Super LARC to address such issues as per the provisions in the LAR 2013. 119. The Social Development Officer (SDO) assigned for the subproject will be the key point of contact to receive grievances and complaints. In addition to the grievance register maintained by SDO at PIU, additional grievance registers will be maintained at the relevant offices of the GNs and the office of the supervision consultant. The SDO will collect all grievances recorded in such registers and will take necessary action for their resolution. SCDP- PMU will conduct internal monitoring of the grievance resolution process. In addition, the external independent monitor will also monitor and evaluate the performance of the GRM and the resolution of grievances.

6.1 STRUCTURE OF THE GRM 6.1.1 Grievance redress at subproject site level 119. A Social Development Officer (SDO) of SCDP assigned for the subproject will be responsible for addressing the grievances at field level. The SDO will be stationed at Jaffna -PIU and his contact information will be displayed at each GN’s office in sub project impact area and other strategic locations along the AB 21 road. Any aggrieved party can report their grievances and complaints directly to the SDO either verbally (in person, or via telephone or SMS) or in writing. The SDO will record all such grievances with details such as the date of complaint, name and address of the complainant and his/her contact details, content of the grievance etc. Moreover, log books will also be maintained at each GN office and supervision consultant’s office to facilitate the APs to record their grievances, if the second option is convenient and easily accessible to the affected parties. The SDO will regularly check such grievance records either through personal visits or via telephone calls to the GN and the supervision consultant. The SDO will take immediate action to resolve the issues raised by the APs in consultation with the complainants and other relevant parties. If any issues related to Gender Based Violence (GBV) are reported, the female officer of PIU-Jaffna will join the SDO to address such issues. If the SDO is unable to resolve the grievances within one week or else the AP is dissatisfied with the resolution process, the grievance/complaint will be forwarded to the next level, i.e. Project Implementation Unit (PIU)/Strategic Cities Development Project.

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Resettlement Action Plan- AB 21 Road, Jaffna

6.1.2 Grievance redress at PIU level 120. There will be a Grievance Redress Committee established at the PIU level. The GRC will comprise representatives of the Chief Secretary (Provincial Council), Executive Engineer of RDA (who will be the chairperson of the GRC)), Chairman of the LRC6 of the location, GN of the respective area where the grievance originates, DPD (Jaffna), APD/SDO (Secretary) and two respectable citizens from society, of whom one will be from the affected community. Of the two citizens, one will be a female. The PPA level GRC will meet bi-monthly or more frequently depending on the number of grievances received from the site level. The GRC will meet at the respective Divisional Secretariats, depending on the place from where the grievance was reported. The PPA level GRC is responsible for solving grievances within a period of two weeks.

6.1.3 Grievance redress at PMU level 121. The third level of the GRM is the Project Director (PD) of SCDP whose PMU is located on the 4th floor of Sethsiripaya, Stage 01, Battaramulla. If the AP is dissatisfied with GRC’s decision or else the PPA level GRC is unable to solve the problem at their level, the grievance will be submitted to the Project Director (PD). The PD will take a decision in consultation with the RDA and the PIU in Jaffna. The PD will give his/her decision within one week of receiving the grievance.

6.1.4 Independent Grievance Redress Panel (IGP) 122. If PD’s decision is not acceptable to the AP or PD is unable to resolve the grievance, APs can appeal to the Independent Grievance Panel (IGP) established at national level. The IGP comprises representatives from the Land Ministry, Department of Valuation, a lawyer, a retired senior government officer, and a representative of a recognized Civil Society Organization and / or a person representing the APs. The meetings of the IGP will be held at MM &WD. 123. If the decision given by IGP is not acceptable to the APs, they can recourse to legal action through the country’s judicial system. Moreover, the APs can also leave the project based GRM at any time if they decided to seek redress through the legal system in the country.

APs Grievances and Complaints

Internal Instruments External Instruments

Resolved Social Development Officer Unresolved Resolved Samatha Unresolved Mandala

Resolved Grievances Redress Unresolved Committee (GRC) Court

6 Local Resettlement Committees (LRC) are established in SCDP subprojects with the representatives of the APs to help in coordinating the resettlement and rehabilitation activities at community level. Resolved Project Director and Deputy Unresolved Project Director (Social) 51

Resolved Independent Grievances Unresolved Panel (IGP) Figure 3: GRM Diagram Resettlement Action Plan- AB 21 Road, Jaffna

Table 31: Contact Persons of the Subproject Project Implementation Unit Mr. Thevarajah Krishnarajah Mr. Siva Mayuran Social Officer Project Manager (Road) Strategic Cities Development Project Strategic Cities Development Project Project Implementation Unit Project Implementation Unit A16, District Secretariat Office, A16, District Secretariat Office, Jaffna. Jaffna. +94212216383/ +94773474676 +94212216383 [email protected] Road Development Authority District Secretary Eng. V. Suthakar Mr. N. Vethanayahan Chief Engineer District Secretary Road Development Authority District Secretariat Jaffna. Jaffna +94212219757/ +94212222968(Fax) +94212222235 +94777110972 Emil: [email protected] Project Management Unit Mr. Pradeep Hettiarachchi Mr. K.A.D. Chandradasa Deputy Project Director (Social) Project Director Strategic Cities Development Project Strategic Cities Development Project 4th Floor, Sethsiripaya -Stage 1, 4th Floor, Sethsiripaya -Stage 1, Battaramulla. Battaramulla. +94 11 2887320/ +94 11 2887321 +94 11 2887320-23/ +94 11 2887140 +94 71 4398678 +94 71 1357579 [email protected] [email protected]

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER SEVEN 7.0 INSTITUTIONAL FRAMEWORK

124. The Strategic Cities Development Project (SCDP) of the Ministry of Megapolis and Western Development (MM&WD) is the implementing agency of the Rehabilitation of Jaffna Ponalai Point Pedro (AB21) Road. RDA is the Project Partner Agency (PPA) and the assets owner of the sub project. SCDP has a project management unit (PMU) located in Colombo.

125. The PMU is responsible among its other functions for overall coordination, supervision and monitoring of project’s compliance with social safeguards which include resettlement planning, fund disbursements, coordination of all activities related to RAP implementation, monitoring and reporting. The Project Director (PD) will also liaise with MM&WD and the World Bank (WB) for all functions related to safeguards management and reporting. The PD is assisted by a social unit headed by a Deputy Project Director based in Colombo. The National Project Steering Committee (NPSC) chaired by the Secretary of MM&WD at its bi-annual meetings monitor the overall progress of project implementation including safeguards management, resolve implementation issues, and coordinate with other government agencies which are connected to the project implementation.

126. The PMU has established a project implementation unit (PIU) in Jaffna to coordinate and implement all activities related to sub projects implementation. The social development officer (SDO) at PIU will be responsible for the implementation of the RAP and the overall coordination of social safeguard management under supervision of an Additional Project Director for Jaffna. The social safeguards team of the PMU in Colombo will also provide technical guidance and assistance to the Jaffna SDO in the management of social safeguards. The Land Officer, a female, of the Jaffna PIU will also assist the SDO on matters related to land acquisitions and payment of compensation. Roles and functions of officers responsible for social safeguards management are described in Table 32.

Table 32: Roles, responsibilities and reporting procedures of SCDP Social Safeguard Staff in RAP preparation and implementation for AB 21 Road Person/Agency Roles and Responsibilities Line of Reporting

▪ Provide policy directives and advice on social safeguards and resettlement management ▪ Secure and disburse funds required for RAP preparation and implementation Project Director ▪ Handling grievances reported to PMU and IGP Secretary/MoMWD level ▪ Liaise with WB for all functions related to safeguards management and reporting ▪ Conduct periodic progress reviews on safeguards management Additional Project ▪ Oversee the SDO in PIU and provide necessary Director/ Deputy services and facilities required for safeguards Project Director/SCDP Project Director- implementation 53

Resettlement Action Plan- AB 21 Road, Jaffna

Person/Agency Roles and Responsibilities Line of Reporting

Jaffna PIU ▪ Ensure and provide necessary funds for the implementation of resettlement activities ▪ Facilitate communication and coordination between SDO, engineering consultants and contractors ▪ Conduct weekly progress review meetings with SDO ▪ Coordinate overall preparation, planning, implementation and monitoring of safeguards activities ▪ Liaise with and coordinate all functions and activities related to LARC and S/LARC in the process of determination of compensation for AP. ▪ Coordinate with Land Division of SCDP and ensure Deputy Project the timely completion of land acquisition process Project Director/SCDP Director (social) ▪ Undertake and supervise payment of compensation to APs based on entitlement matrix in the resettlement plan ▪ Submit the draft and final RAPs for WB’s clearance and ensure their public disclosure ▪ Coordinate with external monitor and facilitate monitoring activities for AB21 road. ▪ Prepare periodic progress reports on social safeguards management ▪ Coordinate overall preparation, planning, implementation and monitoring of RAP at field level ▪ Update RAP and other safeguards documents as necessary ▪ Monitor the timely disbursement of compensation and other entitlements Additional Project Director/ ▪ Establish the GRM and ensure its effective and Deputy Project Director- Jaffna APD (Social)/ PMU efficient functioning PIU & Deputy Project Director ▪ Provide training and awareness on social issues (social) and safeguards to the project staff and contractors ▪ Set up appropriate record keeping and database systems ▪ Prepare and submit monthly progress reports on RAP implementation and submit to DPD/Jaffna and DPD (Social) ▪ Assist the APD (Social) in all activities related to coordination, preparation, planning, implementation and monitoring of RAP ▪ Assist the APD (Social) in the timely completion of all compensation and R&R assistance due to APs Additional Project Director/ ▪ Maintain relevant files of APs Social Development ▪ Guide, monitor and supervise the relevant Deputy Project Director- Jaffna Officer- Jaffna PIU contractors and parties in the restoration of PIU & Deputy Project Director affected auxiliary structures of the private (social) individuals and the public and religious institutions, reconstruction of fishery storage room, and the relocation process of the Kovil. ▪ Extend assistance and guidance to the bicycle repairer in his relocation of the business premises 54

Resettlement Action Plan- AB 21 Road, Jaffna

Person/Agency Roles and Responsibilities Line of Reporting

▪ Assist vulnerable APs to obtain their entitlements and, facilitate any other assistance required ▪ Monitor and supervise the status of RAP implementation and prepare monthly status reports. ▪ Oversight of construction contractor(s) on implementing and monitoring social impact mitigation measures in the SIMP during the civil works of AB21 road ▪ Liaise with Environment Officer in the monitoring of the EMP by the contractor, and specifically on the tree planting program ▪ Disseminate relevant information on GRM and other subproject related information to APs and other stakeholders ▪ Engage APs and other stakeholders in continuous consultations ▪ Assist DPD/ Jaffna to form the GRC at PPA level ▪ Engage in grievance redress and ensure the prompt resolution of complaints ▪ Document outcomes of consultations and grievance resolution and share them with project staff ▪ Monitor the unforeseen project impacts and plan and implement necessary mitigation measures in consultation with DPD (Social)

127. Apart from the core team who will be directly responsible for the preparation and implementation of the AB 21 RAP, there are several other agencies and institutional mechanisms that would support and reinforce the implementation of RAP as described in Table 33.

Table 33: Key functions of support agencies and institutional mechanisms for RAP implementation Agency/Institutional Functions Mechanism Ministry of Megapolis and • Provide necessary policy guidelines, and allocate GOSL funds Western Development • Liaise and coordinate with the WB (MoM&WD) • Direct PMU in addressing implementation issues • Support to conduct ownership inquiries in land acquisition process • Signing MOU with other government agencies to take over the land required for sub project • Road Development • Establish a GRC at the PPA level Authority (RDA), Project • Act as the chairman of GRC and ensure effective and timely resolution of the Partner Agency (PPA) reported grievances • Participate in the LARC and Super LARC • Takeover the assets after rehabilitation and carry out operation and maintenance work in the road • Facilitate communication and coordination with relevant stakeholder agencies Ministry of Lands (MoL) • Approval for acquisition of land required for AB21 road • Liaise with Divisional Secretary in the land acquisition process

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Resettlement Action Plan- AB 21 Road, Jaffna

Agency/Institutional Functions Mechanism • Monitor the progress of land acquisition • Valuation of properties to be acquired for AB21 road, as provided in the Land Valuation Department Acquisition Regulations of 2009 (No.1596/12 of 7th April 2009) and submission of valuation reports to the Divisional Secretary/Acquiring Officer Divisional Secretary (DS) • Officially designated land acquiring officer responsible for land acquisitions (Valikamam West & and payment of statutory compensation and vesting of acquired land in RDA Valikamam South West)

• Assist the Divisional Secretary and the Survey Department in the land Grama Niladharis acquisition process • Participate in the GRC Land Acquisition and • Determine ex-gratia payments for persons affected by land acquisitions and Resettlement Committee dissatisfied with statutory compensation paid to them as provided in the (LARC) Land Acquisition (Payment of Compensation) Regulations of 2013 (No.1837/47 of 22nd November 2013) Super Land Acquisition and • Determine to enhance ex-gratia payments or sustain the same level of ex- Resettlement Committee gratia payments for APs who appeal to S/LARC having dissatisfied with LARC (S/LARC) decisions as provided in the Land Acquisition (Payment of Compensation) Regulations of 2013 (No.1837/47 of 22nd November 2013) Local Resettlement • LRC constituted by representatives of the APs will help to coordinate the Committee (LRC) resettlement and rehabilitation activities at community level • Participate in the GRC • Will (i) review and monitor the overall implementation progress and performance of the AB21 RAP including timely payment of compensation, grievance redress and mitigating adverse impacts arising from construction work; (ii) determine the level of compliance of the implementation of RAP with the policies of the Bank and the GOSL as defined in SCDP’s Resettlement External Monitor Policy Framework, and recommend corrective actions to improve implementation, as required; (iii) provide regular reports to the SCDP with copies to the Bank on overall management of resettlement implementation progress and performance; and (iv) assess the overall adequacy and the effectiveness of the safeguard measures adopted to restore damaged properties and livelihood of the bicycle repairer, households and communities and provide recommendations on additional measures required.

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER EIGHT 8.0 RESETTLEMENT BUDGET AND FINANCING 128. This chapter presents the Resettlement Budget. The Department of Valuation is responsible for the valuation of structures and land affected by land acquisition and, determining the statutory compensation. The land values for budgetary purposes have been calculated on the current market values for similar land. The rates provided by the Government’s Buildings Department provided a benchmark to determine the compensation for all structural damages.

129. The resettlement budget comprises compensation for acquired land, and affected auxiliary structures of the private households and the public agencies, crops and trees, and livelihood restoration. The budget also includes provisions for safeguards management, consultations, grievance redress and monitoring. The total resettlement budget is SLRs 113.49 million which is equivalent to US $ 0.6368 million (at an exchange rate of 1US $= 178 SLR as on February 7, 2019). The summary resettlement budget is presented in Table 34.

Budget Notes: I. Land values: compensation for acquired land, at replacement cost, was estimated based on current land values obtained from the Jaffna Regional Office of the Valuation Department on their recent land valuations and, the current market values of land adjacent to AB21 road collected during the socio- economic survey. II. Reconstruction costs of auxiliary structures affected by land acquisition: was estimated based on the rates obtained from the Government’s Buildings Department- Jaffna office. III. Business incomes: Compensation for loss of monthly business incomes of the bicycle workshop operator was estimated based on data collected during census of APs. VI. Provisions for ex-gratia payment for vulnerable persons: up to a maximum of SLRs. 15,000/ per AP as determined by LARC as per LAR 2013. VII. Compensation for Standing Trees: The estimated value of the coconut trees was based on the rates provided by the Coconut Cultivation Board, whereas the value of Palmyra trees was calculated using the rates provided by the Palmyra Development Board. The rates provided by the Timber Corporation are used to estimate the value of the timber trees. VIII. Cost of appearing before inquiries of LARC and documentation charges: was estimated at SLRs 10,000/- per AP IX. Unforeseen impacts: 10% of total compensation and other expenses X. Contingency: estimated at 2.5% of total resettlement budget

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Resettlement Action Plan- AB 21 Road, Jaffna

Table 34 : Resettlement Budget Unit/ Type Impact Item Unit Qty Total (SLRs) SLRs Paddy Land 458.19 30,000 13,745,700 Highland (Residential) 108 110,000 11,880,000 Compensation for land Perch commercial Land 8.1 140,000 1,134,000 Bare Land 48 100,000 4,800,000 Compensation for restoration of commercial structures No's 1 150,000 150,000 Boundary Walls Meter 526 20,000 10,520,000 Live Fences Meter 603 1,000 603,000 Compensation for Tin sheet fences Meter 636 5,000 3,180,000 auxiliary structures Gates Nos 63 30,000 1,890,000 Toilet pits No’s 1 75,000 75,000 Compensation for Bicycle Workshop Months 3 25,000 75,000 Livelihood losses Compensation for Affected Trees (refer Table 18 for details) 513,000 PAPs participation in Section 9 inquiry (4 Government agencies have been PAPs 181 10,000 1,810,000 Allowances excluded as they are not eligible to receive the allowance) Onetime grant for vulnerable families PAPs 70 15,000 1,050,000 Awareness creation on road traffic rules (1 per each GN Division) Programs 14 10,000 140,000 External Monitoring Months 18 350,000 6,300,000 Monitoring and Consultation, Information Evaluation dissemination, GRC meeting and Months 24 10,000 240,000 reporting Unforeseen Impacts(10% of Compensation & 5,142,570 Resettlement Assistance Expenses) PS water supply line with stand post 2,500,000

Shifting utilities Electricity Posts 27,000,000 Telecommunication Posts 7,000,000 Reconstruction of Engine storage room No's 1 7,000,000 7,000,000 other damaged Kovil No's 1 3,250,000 3,250,000 structures Kovil ritual performance No's 1 50,000 50,000 Sub Total 110,048,270 Administration Cost 0.5% 550,241 Contingency 2.5% 2,751,207 Grand Total 113,349,718

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Resettlement Action Plan- AB 21 Road, Jaffna

CHAPTER NINE 9.0 IMPLEMENTATION SCHEDULE 130. Activities related to social safeguards management will go through different phases which include preparation of draft and final resettlement action plan, public consultations and information disclosure, and disclosure of resettlement plans, land acquisition, payment of compensation and other assistance, grievance redress etc. The resettlement related activities, specifically payment of compensation, will be completed prior to the commencement of civil works. Table 35 presents an implementation schedule for resettlement activities. The implementation schedule for resettlement activities are tentative and subject to modification based on the actual progress of work, which is now considered to be 2020.

131. The MM&WD as the PIA is responsible for overall project coordination and implementation. The PMU established in the MM&WD is the organizational arm responsible for management and coordination of all sub projects. The PIU established in Jaffna is responsible for implementation and coordination of all sub projects identified for the particular city region. Land acquisition and compensation disbursement will be completed by 30th April 2019.

Table 35: Implementation Schedule 2017 2018 2019 2020 No Key Activities 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Selection of experts to conduct SIA & prepare the 1 RAP 2 Appoint a team to work on RAP preparation 3 Conduct AP census and socio- economic surveys Conduct consultations with APs and other 4 stakeholders 5 Prepare draft RAP 6 WB’s clearance for draft RAP 7 Public disclosure of RAP Updating RAP after final engineering designs and 8 full AP census 9 WB’s clearance for updated RAP 10 Public disclosure of updated RAP 11 Disclose information on GRM 12 Land acquisition process (start and completion) 13 Pay compensation for AP 14 Conduct grievances redress mechanism 15 RAP Implementation 16 Reconstruction of damaged structures 17 Relocation of Bicycle repair workshop 18 Handing over the site to contractor 19 Shifting of Water supply line 20 Continue stakeholder consultations 21 Information disclosure Monitor safeguards compliance (internal and 22 external) Reporting resettlement plan implementation 23 progress

59

Resettlement Action Plan- AB 21 Road, Jaffna CHAPTER TEN 10.0 MONITORING AND EVALUATION 132. SCDP will have overall responsibility for monitoring the subproject processes, outputs, outcomes and impacts over the lifespan of the subproject. The subproject will be monitored both internally and externally. SCDP will establish the necessary institutional arrangements required for monitoring of the implementation of the resettlement plan and, safeguards management.

10.1 INTERNAL MONITORING 133. The DPD (social) together with social safeguard staff in PMU and PIU will design a monitoring framework which will include the key areas for monitoring, methodologies and relevant indicators and, plans for disclosure of monitoring results well in advance of the subproject implementation. The monitoring system will also focus on engaging all the relevant stakeholders in the monitoring processes and adopt participatory processes such as holding periodic review meetings and discussions. They include project partners and APs. The methodologies would include review of documents produced by the PIU, contractors, individual/group meetings with APs and other stakeholders and surveys and studies. The Social Development Officer (SDO) will maintain a database of all the relevant information such as preliminary screening of all APs in sub project impact area and, profiles of affected persons and information related to resettlement.

134. The SDO reporting directly to the Additional Project Director/ DPD (Jaffna) will undertake regular field visits to project sites, maintain a dialogue with APs and ensure that consultations are conducted regularly and effectively. The monitoring process will also focus on (i) the progress of the implementation of the resettlement plan; (ii) the level of compliance of project implementation with safeguards plans and measures provided in the legal agreements including payment of compensation and other resettlement assistance and, mitigation of construction related impacts; (iii) disclosure of monitoring results to APs and other stakeholders; (iv) the level of consultations conducted with APs and other stakeholders to address gaps in resettlement plan implementation and, to identify necessary measures to mitigate, avoid or minimize adverse impacts arising from project implementation; and (v) follow up of and resolution of APs’ grievances. The APD (Social) based in PMU will support the SDO to carry out the internal monitoring process as well.

135. The SDO together with the APD (Social/PMU) will systematically document the monitoring results and quarterly reports will be produced. SCDP will submit quarterly reports for review by the WB on the progress of the safeguards implementation of resettlement activities and, any compliance issues and corrective actions adopted. These reports will closely follow the involuntary resettlement monitoring indicators agreed at the time of resettlement plan approval.

60

Resettlement Action Plan- AB 21 Road, Jaffna

Table 36: Indicators for Monitoring and Evaluation Level of Objective Indicators Reporting Land Ministry approval for land acquisition obtained Land acquisition process initiated by respective Divisional Secretaries Institutional arrangements for APs are informed of the land acquisition process and, their entitlements land acquisition and payment for compensation of compensation established LARC established to determine compensation Land acquisition process is monitored by SCDP LRC is established to assist SCDP in the process of RAP implementation and safeguards management Regular consultation meetings with APs and other relevant stakeholders conducted A process for continued Outcomes of consultations are comprehensively and systematically consultations and information documented Inputs / disclosure established Process The RAP and the EM are translated into local languages and placed for public scrutiny APs and other stakeholders are consulted on any changes to RAP and safeguards plans The four-tier GRM established with relevant procedures for receiving, recording and resolution of grievances and complaints Institutional arrangements for grievance redress established APs and the public are informed of the operations of the GRM Members of the GRC are given training on GRC procedures and grievance management Social Impact Mitigation Plan SIMP prepared by SCDP is included in the contractual agreement of the (SIMP) prepared and, included construction contractor in contractor’s agreement Implementation of the SIMP is closely monitored by SCDP All compensation and other R&R assistance provided to APs as per the EM and the regulatory framework prior to handing over the site for civil works Payment of compensation and Vulnerable persons/households affected by the subproject are assisted other R&R assistance to obtain their due compensation and R&R assistance Complaints/grievances related to land acquisition and payment of compensation resolved to the satisfaction of APs Affected auxiliary structures of the private households and public Outputs institutions restored Vulnerable persons/households affected by the subproject are assisted to Restoration work of the restore their damaged structures affected structures completed The affected Kovil is reconstructed and handed over to its trustees The fishery storage room is reconstructed and handed over to the Pradeshiya Sabha The bicycle repair workshop affected by the subproject is relocated All utility services restored and services are provided without any

interruption Grievances related to land acquisition, payment of compensation and Grievances are redressed restoration of affected structures are fully resolved Outcome Affected livelihoods are The bicycle repair workshop operator reestablishes his business and restored incomes 61

Resettlement Action Plan- AB 21 Road, Jaffna

APs who lost their paddy lands deposit their compensation money in banks and, receive interest income to offset their lost incomes from paddy APs who lost their valuable trees grow new plants provided by the project Contractor implements and complies with the SIMP Safeguards are managed Construction related grievances/complaints are addressed timely and effectively during subproject efficiently construction work Immediate action is taken against non-compliance issues Travel convenience and connectivity for commuters on AB 21 road increased Both travel costs and vehicle maintenance costs of travelers reduced Improved travel convenience Transport facilities on AB 21 road increased Children and employees reach their schools and work places in time Flooding of roads during rainy season prevented Impacts Access to markets for fishermen and farmers increased Spoilage of fish and farm produce reduced due to increased travel Increased contribution to convenience economic development of the Fish and farm produce supplies to markets are regular and stable region Crop damages due to floods reduced Incomes of fishermen and farmers have increased

10.2 EXTERNAL MONITORING 136. In parallel to internal monitoring, SCDP’s Independent External Monitor will review and evaluate the social safeguards management in the AB21 road project and its compliance with the safeguards policies of WB and the government. Independent evaluations will be done twice a year until the completion of the civil works of AB21 road and resettlement activities spelled out in the RAP are completed. The External Monitor will focus on the following:

I. Reviewing and monitoring of the overall implementation progress and performance of the AB21 RAP including timely payment of compensation, grievance redress and mitigating adverse impacts arising from construction work II. Determining the level of compliance of the implementation of RAP with the policies of the Bank and the GOSL as defined in SCDP’s Resettlement Policy Framework, and to recommend corrective actions to improve implementation, as required. III. Assessing the overall adequacy and the effectiveness of the safeguard measures adopted to restore and improve the livelihoods, living standards and overall wellbeing of the affected persons, households and communities and provide recommendations on additional measures required.

135. The External Monitor will provide regular reports to the SCDP with copies to the Bank on overall management of resettlement implementation progress and performance.

62

Resettlement Action Plan- AB 21 Road, Jaffna

Annexures

63

Resettlement Action Plan- AB 21 Road, Jaffna

ANNEX 1: INVENTORY OF LOSSES 1. Inventory of Losses- Private Parties

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 1 Z Sankanai Paddy Field A.Parameshwary Private 0.0044 1.7 1.7 2 HZ Sankanai Paddy Field A.Selvaretnam Private 0.0049 1.9 1.9 3 X Sankanai Paddy Field A.Kugaraja Private 0.016 6.3 6.3 4 Y Sandilipai Paddy Field A.Mahanarajan Private 0.0155 6.1 6.1 5 FH+FL Sankanai Residential A.Jeyaratnam Private 0.0012 0.5 1 7 1 6 GN1 Sankanai Residential A.Sriloganathan Private 0.0004 0.2 TSF 2 7 HD+HD1 Sankanai Business A.Velauthar Private 0.0087 3.4 2 8 GE Sankanai Residential Ariyaretnam Private 0.0039 1.5 1 20 2 9 N Sandilipai Paddy Field A.Ponnusamy Private 0.0077 3 3 10 DU Sankanai Paddy Field Arunthavanathan Private 0.0042 1.7 1.7 11 EG Sankanai Residential A.Anparasi Private 0.0013 0.5 1 13 12 CP+CR+CT Sankanai Paddy Field B. Sivapalan Private 0.0164 6.5 6.5 13 BB Sankanai Paddy Field B.Pathmarasa Private 0.0148 5.8 5.8 14 AF+AQ Sandilipai Bare Land B.Suresh Private 0.0164 6.5 0.1 15 BY Sankanai Paddy Field B.Uthajenthiran Private 0.0142 5.6 5.6 16 L Sandilipai Paddy Field Dr.Kanesalingam Private 0.0102 4 4 17 GM Sankanai Residential G.Varatharasan Private 0.0005 0.2 TSF 10 1 18 BT Sankanai Paddy Field G.Karunanithy Private 0.0054 2.1 2.1 19 AF1 Sandilipai Paddy Field H.M.G.Riyaz Private 0.0058 2.3 2.3 20 FM Sankanai Residential I.Somasuntharam Private 0.0042 1.6 1 13 2 21 EW Sankanai Residential Jayanantham Private 0.0055 2.2 1 43 2 22 CN Sankanai Paddy Field K.Arunthavapalan Private 0.0068 2.7 2.7 23 DF Sankanai Paddy Field K.Nalasekaram Private 0.0134 5.3 5.3 24 AD Sankanai Paddy Field K.Puvaneshwaran Private 0.0046 1.8 1.8 25 HY Sankanai Paddy Field K.Ranjithakumar Private 0.0198 7.8 2 7.8 26 Q+Q1 Sankanai Residential K.Shanmugalingam Private 0.0077 3 27 DS Sankanai Paddy Field K.Jegan Private 0.0051 2 2 64

Resettlement Action Plan- AB 21 Road, Jaffna

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 28 EL Sankanai Residential Kanagarasa Private 0.0042 1.6 LF 5 1 5 1 29 Y+AT Sankanai Paddy Field K.Jeyathas Private 0.0261 10.3 10.3 30 GN Sankanai Residential K.Mathanakaran Private 0.0004 0.2 TSF 7 2 31 GB Sankanai Residential K.Pavanenthiraraasa Private 0.0019 0.7 TSF 13 1 32 GS Sankanai Residential K.Pathmanathan Private 0.002 0.8 1 13 1 33 DY Sankanai Paddy Field K.Viknesh Private 0.0068 2.7 2.7 34 EX+EZ Sankanai Residential K.Jeyaratnam Private 0.0013 0.5 1 17 35 FE Sankanai Residential K.Vilvanathan Private 0.0023 0.9 1 29 2 2 36 CS+DK Sankanai Paddy Field K.Jeevananthan Private 0.0102 4.1 4.1 37 HU Sankanai Paddy Field M.Jayakumar Private 0.0218 8.6 8.6 38 HX Sankanai Paddy Field M.Palzani Private 0.0224 8.8 8.8 39 HK Sankanai Residential M.Rasapakiyam Private 0.002 0.8 LF 17 1 40 P Sankanai Residential M.Shanmuganathan Private 0.0067 2.6 41 DB Sankanai Paddy Field M.Sritharan Private 0.0026 1 1 42 FW Sankanai Residential M.Srivaratharasa Private 0.0045 1.8 TSF 15 1 2 AW+AY+B 43 Sankanai Business M.Jatheeskumar Private 0.0518 20.5 LF 30 1 16.8 V2+BV3 44 DD+DE Sankanai Paddy Field M.Singi Private 0.0175 6.9 6.9 45 FQ2 Sankanai Residential M.Sivapakkiyam Private 0.0015 0.6 1 46 V Sankanai Paddy Field M.Sithamparanathan Private 0.0331 13.1 13.1 47 H Sandilipai Paddy Field M.Masilamani Private 0.0029 1.1 1.1 48 GX1 Sankanai Residential M.Maheswary Private 0.0042 1.7 TSF 23 49 DC Sankanai Paddy Field N.Silvakumar Private 0.0097 3.8 3.8 50 CY Sankanai Paddy Field N.Thayaparan Private 0.0056 2.2 2.2 51 GF Sankanai Residential N.Pathmanathan Private 0.0038 1.5 LF 20 1 52 AH Sankanai Paddy Field N.Jeyanthinathan Private 0.0029 1.1 1.1 53 FY Sankanai Residential N.Kalaiyarasan Private 0.0022 0.9 54 AC Sandilipai Paddy Field N.Nithiyananthan Private 0.0069 2.7 2.7 55 HC+HW Sankanai Residential N.Thirukumar Private 0.0073 2.8 TSF 40 1.1 65

Resettlement Action Plan- AB 21 Road, Jaffna

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 56 FZ Sankanai Residential N.Nadanashanmuganathan Private 0.0019 0.7 TSF 13 1 57 AA+AB Sandilipai Paddy Field N.Nallaiah Private 0.0164 6.5 6.5 58 AC Sankanai Paddy Field N.Rasakanthan Private 0.0036 1.4 1.4 59 GY Sankanai Residential N.Somaskanthasharma Private 0.0045 1.8 TSF 30 60 W Sandilipai Paddy Field N.Amuthan Private 0.0018 0.7 0.7 61 AP Sandilipai Bare land N.Teacher Private 0.0005 0.2 62 CK Sankanai Paddy Field N.Makathevan Private 0.0003 0.1 0.1 63 BU Sankanai Residential N.Sivanesan Private 0.0046 1.8 1 23 64 C Sankanai Bare Land N.Ananthasitherasenan Private 0.0309 12.2 65 AG Sankanai Paddy Field P.Parameswary Private 0.0018 0.7 0.7 66 AA Sankanai Paddy Field P.Sivanathan Private 0.001 0.4 0.4 67 FJ Sankanai Residential P.Karunananthan Private 0.0038 1.5 1 27 2 2 68 FQ Sankanai Residential P.Paranitharan Private 0.0059 2.3 1 17 2 69 GA Sankanai Residential P.Bavanantham Private 0.0024 0.9 TSF 30 1 1 1 70 BD Sankanai Paddy Field Parameswary Private 0.0165 6.5 6.5 71 AJ+BP Sankanai Paddy Field P.Sritharan Private 0.0258 10.2 10.2 72 GG Sankanai Residential P.Navarasa Private 0.0063 2.5 LF 33 1 2 73 V Sandilipai Paddy Field P.Somasuntharam Private 0.0037 1.5 1.5 74 EA Sankanai Paddy Field R.Sarosadevi Private 0.014 5.5 5.5 75 EF+EP1 Sankanai Residential R.P.Devasagayam Private 0.006 2.4 2 26 1 76 BS Sankanai Paddy Field R.Sumathy Private 0.0067 2.6 2.6 77 HG1 Sankanai Residential R.Parameswaran Private 0.0088 3.5 TSF 40 1 1 78 ER Sankanai Residential S.Deivanayagam Private 0.0023 0.9 LF 23 79 HJ Sankanai Residential S.Raniyammah Private 0.0025 1 LF 17 80 R+R1 Sankanai Paddy Field S.Santhakumar Private 0.0272 10.7 10.7 81 HR Sankanai Bare Land S.Sundralingam Private 0.0236 9.3 82 GU Sankanai Residential S.Aravinthan Private 0.0043 1.7 TSF 83 HQ Sankanai Paddy Field S.Balasubramaniyasivam Private 0.0042 1.7 1.7 84 HE Sankanai Residential S.Padmadevi Private 0.0007 0.3 TSF 13 66

Resettlement Action Plan- AB 21 Road, Jaffna

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 85 CB Sankanai Paddy Field S.Sasitharan Private 0.0012 0.5 0.5 86 FP Sankanai Residential S.Sivarasa Private 0.0066 2.6 LF 17 1 1 87 BG Sankanai Paddy Field S.Satkunarasa Private 0.02 7.9 7.9 88 EQ Sankanai Residential S.Jamela Private 0.0013 0.5 TSF 13 89 EC Sankanai Residential S.Thangasothy Private 0.0047 1.9 LF 33 90 FR Sankanai Residential S.Suganthamalar Private 0.0022 0.9 1 20 2 91 HP Sankanai Residential S.Navaretnam Private 0.001 0.4 TSF 33 3 92 GQ Sankanai Residential S.Jegathas Private 0.0042 1.7 TSF 23 93 FD Sankanai Residential S.Kanagamma Private 0.001 0.4 1 17 2 94 FV+FS Sankanai Residential S.Paramasivampilai Private 0.006 2.3 1 20 1 1 95 EP2 Sankanai Residential S.Ayansakumar Private 0.0016 0.6 TSF 17 2 96 AM+AU Sankanai Paddy Field S.Kuganesan Private 0.0292 11.6 11.6 97 BR+BR1 Sankanai Paddy Field S.Sivakumaran Private 0.0129 5.1 5.1 98 J Sandilipai Paddy Field S.Thayananthan Private 0.0071 2.8 2.8 99 B Sankanai Residential S.Sukanthan Private 0.0083 3.3 LF 33 100 AC1 Sandilipai Paddy Field S.Sellaiah Private 0.0046 1.8 1.8 S.Rasathgurai, S.Krishnaveni & 101 GK Sankanai Residential Private 0.0086 3.4 Rangan 102 HG Sankanai Residential S.Kamalanathan Private 0.0024 0.9 TSF 23 1 103 BC Sankanai Paddy Field S.Oankaravadivel Private 0.0168 6.6 6.6 104 EK Sankanai Residential S.Arumugam Private 0.0075 2.9 TSF 33 1 105 DP Sankanai Paddy Field S.Krishnaveni Private 0.0046 1.8 1.8 106 AR+BA Sankanai Paddy Field Sivaganachchelvam Private 0.0227 9.0 9 107 GJ Sankanai Residential S.Retneswary Private 0.003 1.2 TSF 17 1 108 AF Sankanai Paddy Field S.Thayalan Private 0.0119 4.7 4.7 109 GD1 Sankanai Residential S.Nadanashanmuganathan Private 0.001 0.4 TSF 13 110 BW1 Sankanai Paddy Field S.Chanthiravathana Private 0.0025 1 1 111 FA+FB Sankanai Residential S.Nageswary Private 0.0014 0.5 2 19 1 1 112 GD Sankanai Residential S.Kanakampikaiamma Private 0.0022 0.9 TSF 33 1 67

Resettlement Action Plan- AB 21 Road, Jaffna

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 113 HB+GZ Sankanai Residential Somaskanthasharma Private 0.0166 6.5 TSF 30 1 114 AL Sankanai Paddy Field S.Balasingam Private 0.0129 5.1 5.1 115 BV4 Sankanai Residential S.K.Rajeswary Private 0.0021 0.8 TSF 33 116 DQ Sankanai Paddy Field Srivajan Private 0.0044 1.7 1.7 117 FX Sankanai Residential Srivaratharasa Private 0.0015 0.6 TSF 10 118 S Sandilipai Paddy Field S.Kalaichelvi Private 0.0016 0.6 0.6 119 GT Sankanai Residential S.Visvaretnam Private 0.0029 1.1 LF 17 1 1 120 DL Sankanai Paddy Field S.Vishvaratnam Private 0.0076 3 3 121 CZ Sankanai Paddy Field T.Chandravathani Private 0.0072 2.8 2.8 122 DG Sankanai Paddy Field T.Mahendram Private 0.0043 1.7 1.7 123 HT Sankanai Paddy Field T.Yogeswaran Private 0.0216 8.5 8.5 124 BZ Sankanai Paddy Field T.Theivamanoharan Private 0.0042 1.7 1.7 125 AM Sandilipai Residential Telco Hotel Private 0.0009 0.4 126 W Sankanai Paddy Field T.Mayuran Private 0.0111 4.4 4.4 127 HM1 Sankanai Paddy Field T.Yogeswaran Private 0.0073 2.9 2.9 128 CF Sankanai Paddy Field T.Arumugam Private 0.0246 9.7 9.7 129 GC Sankanai Business T.Kuganesachelvi Private 0.0024 0.9 TSF 17 1 130 FN Sankanai Residential T.Sarachchuthan Private 0.0019 0.7 1 13 131 Q Sandilipai Paddy Field T.Ranjithavavathani Private 0.0056 2.2 2.2 132 HC2 Sankanai Residential T.Anitha Private 0.0003 0.1 TSF 30 133 GP Sankanai Residential T.Viknajeyam Private 0.0016 0.6 TSF 17 2 134 CX+DA Sankanai Paddy Field Thirugnam Private 0.0022 0.8 0.8 135 AZ Sankanai Paddy Field Thirunavukkarasu Private 0.0127 5 5 136 AB1 Sandilipai Paddy Field T.Suntharalingam Private 0.0067 2.6 2.6 137 DH Sankanai Paddy Field U.Parameswaran Private 0.0064 2.5 2.5 138 CU Sankanai Paddy Field V.Balaraman Private 0.0031 1.2 1.2 139 HS Sankanai Paddy Field V.Chandran Private 0.0057 2.2 2.2 140 FF Sankanai Residential V.Rasathurai Private 0.0013 0.5 1 13 141 S Sankanai Bare Land V.Selvarasa Private 0.0009 0.4 68

Resettlement Action Plan- AB 21 Road, Jaffna

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

No

Lot No Lot

Ownership

DS Division DS

Ha

Name of APs of Name

Fence

Neem

Paddy

Kubuk

PresentUse Land

Perches

Coconut

Toilet Pit Toilet

Palmyrah

Length(m) Length(m)

Residential

No. of Gate of No.

Commercial

Boundary Wall Boundary crops Seasonal 142 AN Sankanai Paddy Field V.Senthilkumaran Private 0.0031 1.2 1.2 143 GH Sankanai Residential V.Thirunavukkarasu Private 0.0022 0.9 LF 13 2 LF &Part 144 FG Sankanai Residential V.Sellaiah Private 0.0014 0.5 17 1 of well 145 AV+AS Sankanai Paddy Field V.Kunaratnam Private 0.006 2.3 2.3 146 BH Sankanai Paddy Field V.Srikantha Private 0.0225 8.9 8.9 147 AB Sankanai Paddy Field V.Siventhiran Private 0.0123 4.8 4.8 148 G Sandilipai Paddy Field V.Sooriyakumaran Private 0.0068 2.7 2.7 149 FT1 Sankanai Residential V.Thavamani Private 0.0003 0.1 1 5 150 AX Sankanai Paddy Field V.Mahadevan Private 0.01 3.9 3.9 151 HH Sankanai Residential V.Rasaretnam Private 0.0027 1.1 152 K Sandilipai Paddy Field V.Selvarasa Private 0.0038 1.5 1.5 153 GE1 Sankanai Residential V.Srikugan Private 0.0008 0.3 154 AK Sankanai Paddy Field Eng.Veluppillai Private 0.0229 9 9 155 BQ+CC Sankanai Paddy Field V.Kanesaratnam Private 0.0309 12.2 12.2 156 BN Sankanai Paddy Field V.Manokaran Private 0.022 8.7 8.7 157 Z Sandilipai Paddy Field V.Master Private 0.0093 3.7 3.7 158 HL Sankanai Residential V.Nagenthiram Private 0.0003 0.1 LF 7 159 FT Sankanai Residential V.Rasenthirn Private 0.006 2.4 TSF 20 1 160 FU Sankanai Residential V.Sangaralingam Private 0.0073 2.9 TSF 10 1 1 161 AD Sandilipai Paddy Field V.Vithiyananthan Private 0.0142 5.6 5.6 162 HF Sankanai Residential V.Suseenthiran Private 0.0057 2.2 TSF 27 1 163 FK Sankanai Residential Y.Thavachelvam Private 0.0015 0.6 1 10 3

69

Resettlement Action Plan- AB 21 Road, Jaffna

2. Inventory of losses of Religious Intuitions

Impact

Main

Land (Extent) Auxiliary Structures Trees Crops

structure

rship rship

No No Lot DSDivision Use Land Present APs Name of Owne Ha Perches Resident ial Commer cial Fence Length (m) Boundar yWall Length (m) of No. Gate Pit Toilet Palmyra h Coconut Neem Kubuk Paddy Seasonal crops 1 BK Sankanai Paddy Land Aththiyadi Pillayar Kovil Kovil 0.0125 4.9 4.9 2 BM Sankanai Paddy Land Aththiyadi Pillayar Kovil Kovil 0.0135 5.3 5.3 3 CG Sankanai Paddy Land Sithamparam Kovil Kovil 0.0005 0.2 0.2 4 DJ Sankanai Paddy Land Sithamparam Kovil Kovil 0.0148 5.8 5.8 5 DM Sankanai Paddy Land Sithamparam Kovil Kovil 0.0091 3.6 3.6 6 DN Sankanai Paddy Land Sithamparam Kovil Kovil 0.0089 3.5 3.5 7 DR Sankanai Paddy Land Sithamparam Kovil Kovil 0.0117 4.6 4.6 8 DT Sankanai Paddy Land Sithamparam Kovil Kovil 0.0116 4.6 4.6 9 DV Sankanai Paddy Land Sithamparam Kovil Kovil 0.0106 4.2 4.2 10 DW Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0072 2.8 2.8 11 DX Sankanai Paddy Land Sithamparam Kovil Kovil 0.0074 2.9 2.9 12 DZ Sankanai Paddy Land Sithamparam Kovil Kovil 0.008 3.2 3.2 13 EB Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0045 1.8 1.8 14 ED Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0061 2.4 2.4 15 EE Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0094 3.7 3.7 16 EH Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0102 4 4 17 EJ Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0088 3.5 3.5 18 EM Sankanai High land Vannai Sivan Kovil Kovil 0.001 0.4 LF 17 1 19 EN Sankanai High land Vannai Sivan Kovil Kovil 0.0028 1.1 LF 17 1 20 ES Sankanai High land Vannai Sivan Kovil Kovil 0.0039 1.54 LF 23 1 21 ET Sankanai High land Vannai Sivan Kovil Kovil 0.0024 0.9 LF 53 1 22 EU Sankanai High land Vannai Sivan Kovil Kovil 0.0011 0.4 LF 17 23 EV Sankanai High land Vannai Sivan Kovil Kovil 0.0012 0.5 LF 23 70

Resettlement Action Plan- AB 21 Road, Jaffna

24 AG Sandilipai Kovil Muthu Mari Amman Kovil Kovil 0.0051 2 Sri Naraimar Kovil 25 AJ Sandilipai Kovil Kovil 0.0025 0.99 Kovil* Kakkaitivu 26 CJ Sankanai High land CSI Church Church 0.013 5.1 LF 50 27 CL Sankanai Paddy Field CSI Church Church 0.0079 3.1 3.1 28 CW Sankanai Paddy Field CSI Church Church 0.0005 0.2 0.2 29 GV Sankanai High land Christian Mission Araly Church 0.0051 2 1 30 2 30 GW Sankanai Church Christian Mission Araly Church 0.0033 1.3 1 33 31 AL Sandilipai High land Aadaikala Matha Church Church 0.0012 0.5 AL 32 Sandilipai High land CSI Church Church 0.0508 20.1 1

71

Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 2 LETTER FROM GA ON LAND MINES CLEARANCE

72

Resettlement Action Plan- AB 21 Road, Jaffna

ANNEX 3: SOCIAL IMPACTS MITIGATION PLAN

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

01 Disturbed Access Access to Schools, Business • Provide sign boards for pedestrians to inform nature During • Construction sites Contractor places, Banks and any of the and duration of construction works Construction Government and Private • Display contact details of client, contractor and the • At all GN offices, Kakkaitivu Fish Market, Institutions may be supervision consultant for public to lodge their SCDP & Contractor Jaffna College Junction, Karainagar Junction constrained and cause complaints/concerns inconvenience during Vannankulam Pilliyar Kovil (Ch 2+000 to construction period. 2+020) During • Nawanthurai Public Market (Ch.2+420 to Construction. 2+500), • Fish Market in Kakkaitivu (Ch.3+940 to 4+080), Sowing • Improve temporary access for paddy fields Contractor • Kakkaitivu Sri Narasinger Kovil (Ch.4+020 to (October/Nove 4+040) mber) and • GN office Araly North harvesting • Paddy fields in the construction area (February/Mach) especially during the planting and harvesting seasons seasons

• Provide alternate locations for temporary bus halts Construction sites -Do- -Do- during re-construction of existing bus halts.

• Encourage construction work during the night time Construction sites -Do- -Do- to avoid public inconvenience.

02 Shifting of Common and Private Utilities Shifting of Common and • If work involves replacement/ relocation of common Private Utility Services utility services, prepare an inventory of common Project Planning Construction sites SCDP utility services anticipated to be shifted, with the Stage assistance of respective service provider agencies. • For utility services identified to be relocated, prepare relocation plans in consultation with service -Do- SCDP Designing stage providers. 73

Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Liaise with NWS&DB, CEB and SLT, and obtain existing utility layout plans and the proposed -Do- SCDP -Do- alternate relocation layouts. • Contractor’s site staff and machine operators be made aware of the above layouts to avoid accidental -Do- Contractor -Do- damages to utility lines, during construction. • Arrange with relevant service providers, a system to get immediate corrective action in case of any When needed Do -Do- accidental damages to utility services.

• Ensure payment of compensation for unexpected Before start the structural damages resulting from construction Construction sites Do construction activities, through Third Party Insurance Coverage. • Any public or private buildings/structures damaged During due to construction activities (including vibration), -Do- Do construction shall be repaired/ rehabilitated to its original state. 03 • L Location of Construction Camps, Labor Camps, Stock Yards

If construction camps, labor • Care shall be taken not to disturb natural hazard camps, stock yards, vehicle prone areas and to avoid highly residential areas During refueling areas etc. are when selecting sites to locate construction camps, Camps/ Work Yards Do construction located near natural hazard labor camps, stock yards, vehicle refueling areas prone areas and highly etc. residential areas, such areas • Locations selected for such temporary facilities Contractor & may be adversely affected. shall be approved by the authorized persons of During subproject Supervision Consultant/ Employer. The Camps/ Work Yards Supervision construction selected lands should be hired under legal Consultant agreement between contractor and the rentier.

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Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• The land used for stock yards and labor camps should be restored to their original/better Camps/ Work Yards Contractor After civil works condition before handing over them to the landowner

04 Managing the Risk of Adverse Impacts on Communities from Project Induced Labor Influx and Gender based Issues of Workers Absence of enough sanitary • Make the Contractors aware of advantages in facility for women workers, giving priority to selecting labor from project During N/A SCDP & Contractor use of child labor, wage influenced areas so as to minimize need for construction disparity, entitlement of erecting labor camps and minimize labor influx. leave, lack of awareness • Frequent supervision of laborers’ activities, labor During among workers, encouraging welfare needs, and action to ensure hygienic Camps/ Work Yards Contractor construction local community for works. conditions in the work sites/ camps

The risks of adverse impacts • Avoid illegal lodging arrangements by workers of Do -Do- Project influence area on communities from contractors temporary project induced • Avoid social conflicts among contactor’s labor labor influx E.g: sexually force and the surrounding community or tension transmitted diseases and prevalence of gender-based violence by -Do- -Do- -Do- enhancing awareness on GBV and law enforcement. • Conduct awareness programs for the labor force SCDP & Contractor on good hygienic practices and risks of sexually Camps/ Yards/ Construction area -Do- transmitted diseases such as HIV/AIDS.

• Conduct public awareness programs for the surrounding communities on Gender Based Violence (GBV), good hygienic practices and Project influence area SCDP -Do- dangers of sexually transmitted diseases such as HIV/AIDS. • Introduce a code of conduct for labor teams to Camps/ Yards/ Construction sites Contractor -Do- prevent alcohol and drug abuse, violence, sexual

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Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

abuse etc.

• Continue consultation and interaction with host Project influence area -Do- -Do- community • Prepare an inventory (including names/ National ID numbers/ addresses etc.) of entire labor force employed by contractor, and share with N/A -Do- -Do- Employer’s PIU. This inventory shall be updated at each recruitment or resignation of labours. • Establish a clear recruitment procedure for N/A -Do- workers to avoid ad-hoc recruitments. Contractor -Do- should sign agreements on conditions and rights of each labourer before recruitment • Provide water and sanitation facilities for employees/laborers as per IFC 2009 standards (1 Camps/ Yards/ Construction sites Do -Do- toilet/15 persons) and separate facilities for men and women. • Provide a source of potable water and clean eating place for workers, at a location not -Do- -Do- -Do- exposed to hazardous or noxious substances • Equal participation of women for the work shall be encouraged and ensure wage parity during the implementation of the project according to the policy of Sri Lankan Government sector -Do- -Do- -Do- recruitment; women are given equal pay for work of equal value. (This will be included in the contractual agreements) • Prevent employing children below 16 years of age and, young adolescents in the age group of 16 and 18 years and women in the dangerous jobs such -Do- -Do- -Do- as mining, excavation, operating heavy vehicles & machinery, electric works, blasting & explosive works. 76

Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Entitlement of leave for workers according the Shop and Office Employees (Regulation of -Do- -Do- -Do- Employment and Remuneration) Act shall be maintained. • Avoid trafficking of men, women and children for Camps/ Yards/ Construction sites -Do- -Do- labour work 05 Dust, Noise and Vibration Dust, Noise and Vibration during construction and Follow guidelines stipulated in the Environmental construction work at night will Management Plan (EMP) -Do- cause public inconveniences/ disturbances 06 Parking of Contractor’s vehicles along the Road Parking of vehicles along the • Contractor shall rent suitable places for parking road especially in residential vehicles belonging to contractor/ visitors to sites/ -Do- -Do- -Do- areas. Employer’s and Engineer’s staff. • Vehicles of Contractor/ Engineer/ Employer shall not be parked along the main roadways which may -Do- -Do- -Do- cause traffic congestions and inconveniences to public. • Contractor needs to study and identify times of heavy traffic flow and avoid transportation of -Do- -Do- -Do- construction material and movement of heavy vehicles during such times. 07 Occupational Health and Safety

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Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

Occupational hazards which • Develop and implement site-specific Health and can arise from working in Safety (H&S) plan which will include measures such subproject as: (a) excluding public from the demarcated construction area; (b) ensuring all workers are provided with and use personal protective equipment (PPE); -Do- -Do- -Do- (c) provision of H&S training for all site personnel; (d) documented procedures to be followed for all construction activities; and (e) documentation of work-related accidents (f) Arrange for Safety officers support to implement the safety related activities. • Provide H&S training to all new workers to ensure that they are appraised of the basic rules of work at -Do- -Do- -Do- the site, personal protective protection, and preventing injuries to fellow workers

• Ensure that a first-aid station is provided within easy access to all and that trained first-aid workers are -Do- -Do- -Do- made available to attend to first-aid needs.

• Provide medical insurance coverage for all -Do- -Do- -Do- contractor’s workers/ staff

• Ensure that all construction areas are barricaded to prevent unauthorized persons entry and thereby -Do- -Do- -Do- reduce potential risk of accidents. • Provide a source of safe drinking water and clean eating place for workers, at a location not exposed -Do- -Do- -Do- to hazardous or noxious substances. • Provide visitors with necessary safety gear if visitors to the site are allowed access to areas where -Do- -Do- -Do- hazardous conditions or substances may be present.

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Resettlement Action Plan- AB 21 Road, Jaffna

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Ensure that visitor/s do not enter hazard areas unescorted by relevant authorized parties in -Do- -Do- -Do- attendance. • Ensure moving machinery & equipment is outfitted -Do- -Do- -Do- with audible back-up alarms to avoid accidents. • Provide sign boards to mark, hazardous areas such as energized electrical devices and lines, service -Do- -Do- -Do- rooms housing high voltage equipment, and areas for storage and disposal of hazardous substances. • Such signage shall be in accordance with international standards and be well known and -Do- -Do- -Do- easily understood by workers, visitors, and the general public 08 Handling complains from community • Maintain a complaint registry with a focal point (either a person or complaint box) at the construction site office and the office of the GN to GN offices/ Site office -Do- -Do- Pedestrians, vehicle users, receive and lodge the grievances of workers and residential & commercial the host community community and workers of • Collaborate with PIU’s social staff to address the construction site must be N/A -Do- -Do- grievances reported by workers and community able to make complains • Report to SCDP- PIU on unresolved grievances -Do- regarding any N/A -Do- together with contractor’s observations inconveniences due to • Participate in the Grievance Redress Committee N/A N/A -Do- construction works. meetings twice a month or as and when needed • Maintain and share the records of grievances with -Do- -Do- -Do- Employer’s PIU on a regular basis.

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 4: LETTER OF CONSENT FOR SHIFTING KAKKAITIVU NARASIMAR KOVIL

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Resettlement Action Plan- AB 21 Road, Jaffna

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 5: LIST OF PARTICIPANTS AT CONSULTATIONS 1. List of stakeholders participated at consultations SN Name Gender Position Institute 1 N.Vethanayakan Male District Secretary District Secretariat- Jaffna 2 S.Muralitharan Male Additional Government District Secretariat- Jaffna Agent (Land) 3 K.S.Sivapatham Male Additional Project Director SCDP-PIU, Jaffna 4 M.Thuraisamy Male Consultant(Jaffna-Road) SCDP-PMU 5 H.M.K.G.G.Bandara, Male Consultant(Transport) SCDP-PMU 6 S.Gunasekara Male APD(Social) SCDP-PMU 7 S.Mayuran, , Male Assistant project SCDP, Jaffna Director(Road) 8 T.Jegan, Male Engineer SCDP- Jaffna 9 A.Amutharaj, Male Consultant SCDP 10 T.Krishnaraj, Male Social Officer SCDP 11 G.J.N.Cross, , Male Provincial Director RDA 12 V.Suthakar, , Male Chief Engineer RDA 13 P.Sivananthan, Male Snr.Supdt.of Surveys, Survey Department 14 Kavitha Jeevagan, , Female Deputy Director UDA 15 R.Rajeswaran, Male SAE, SLT, Jaffna 16 T.Nanthakumara, Male Engineer, SLT, Jaffna 17 N.Sivakaran, Male Development Officer- Chankanai Divisional Secretariat. Land 18 B.Shanmugam, Male Area Maintenance CEB Engineer, 19 K.Lingaruban, Male Chief Engineer- CEB Construction, 20 A.Arulnathan, Male ES/J-C1), CEB 21 T.Suthakaran, Male ES-Construction, CEB 22 K.Kokulan, Male ADO, Sanilipai 23 R.S.Sugantharaj, Male ADO, Tholpuram 24 P.Nirooban, Male Grama Niladari, J/136- Navaly North 25 A.Nishanthan Male Grama Niladari, J/133- Anaikoddai 26 N.Sivaruban, Male Grama Niladari J/163-Araly East, J/166- Vaddu South West 27 Y.SIvasarmini, Female Grama Niladari J/165- Vaddu South 28 Mrs.B.Niththiya, Female Grama Niladari J/161- Araly Center 29 Mrs.Ranjitha Richard, Female Grama Niladari J/164- Araly North 30 Mrs.V.S.Asogaratnam, Male Grama Niladari J/160- Araly West 31 R.Sriranjan, Male Grama Niladari J/171- Moolai 32 T.Niththiyanathan, Male Grama Niladari J/135- Nawaly East 33 H.Senthan Male Grama Niladari J/81- 34 A.Sarveswaran Male Grama Niladari J/84-Navanthurai South , J/85- Navanthurai North 35 Mrs.Gobigashalini.J, Female Grama Niladari J/83- Kadday 36 S.Malathy, Female Chief Engineer, JKWSP National Water Supply And Drainage Board 37 I.Balakumary, , NWSDB Female Sociologist, JKWSP National Water Supply And Drainage Board

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Resettlement Action Plan- AB 21 Road, Jaffna

38 M.Mathavan, Male Project Engineer - JKWSP, National Water Supply And Drainage Board 39 S.Parththuran, Male Environment officer , National Water Supply And Drainage Board Jaffna Kilinochchi Water Supply Project 40 P.Thayananth Male Divisional Secretary Jaffna 41 A.Indika prasath, Male Acting Officer in Charge Vaddukkoddai Police Station 42 U.Yasotha, Female Divisional Secretary Sandilipai Divisional Secretariat 43 M.Sivananthan, , Male Senior Technical Officer Vali West Pradesha Sabha 44 S.Mahendraraj, Male Technical Officer Vali west, Pradesha Sabha 45 T.Subaharan, Male Assist- Director Central Environmental Authority 46 N.N.S.Tharsan, , Male Field Officer Arali North 47 K.Iyalingam, Male Field Officer Arali North 48 P.Ananthanadarajah, Male Field Officer Nawali South 49 H.Selvalingam, Male Fisheries Society Savatkadu 50 N.Kanagenthiram, Male Fisheries Society Savatkadu 51 S.Logitha, Female Development Officer (LA) Divisional Secretariat, Jaffna 52 A.Pavatharani, Female CO (LAND), Divisional Secretariat, Jaffna 53 N.Rajeswaran, Male Development Coordinator Divisional Secretariat, Jaffna 54 Dr.S.Mohan, Male Farmers Organization Vaddu, South West, GND 55 M.Yogananthan, Male Farmers Organization Vaddu South West, GND 56 M.Selvaraja,, Male Farmers Organization Navali East, GND 57 N.Mayuran, Male Farmers Organization Arali West, GND 58 S.Jaseetharan, Male Technical officer JMC

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Resettlement Action Plan- AB 21 Road, Jaffna

2. Lists of participants at community consultations

No Name Gender 1 S.Thayananthan Male 2 V.Sooriyakumaran Male 3 P.Sri Paalan Male 4 S.Loganayaki Female 5 P.Ananthanadarasa Male 6 Kuppusamy VIjayakumar Male 7 S.Ponrasa Male 8 G.Suresh Male 9 K.Thankavelaayutham Male 10 S.Mohanraj Male 11 V.Sooriyakumaran Male 12 V.Sritharan Male 13 M.Makalinkam Male 14 T.Mahendran Male 15 S.Nageswary Female 16 M.Maheswary Female 17 S.Balarajh Male 18 A.B.Asbury Male 19 S.Navaratnam Male 20 T.Nadesan Male 21 S.Pathmathevi Female 22 V.Rajendram Male 23 V.Sutharsana Female 24 Rev.K.A.Jeyanathan Male 25 K.Inpam Female 26 K.Nirmala Female 27 I.Somasundram Male 28 K.Visvanathan Male 29 Y.SIvanithi Female 30 I.Parameshwaran Male 31 T.Paakkiyarasa Male 32 I.Mahinthan Male 33 K.Ajanthini Female 34 T.Manoharan Male 35 A.Jeyarathnam Male 36 K.Niththiyarathnam Male 37 S.Paramasivan Male 38 S.Ratneswary Female 39 B.Balasanmugathas Male 40 T.Arumumugam Male 41 A.Jeyarathnam Male 42 S.Visivarathnam Male 84

Resettlement Action Plan- AB 21 Road, Jaffna

43 P.Pavanantham Male 44 K.Mathanakaran Male 45 P.Darkshana Female 46 A.rathnakumara Male 47 S.Radneswary Female 48 S.Jamela Female 49 Y.Sasikala Female 50 I.Kamaleshwary Female 51 T.Komathi Female 52 S.Snthirathevi Female 53 N.Lalithathevi Female 54 S.Pathmathevi Female 55 A.THileepan Male 56 K.Kanthaiya Male 57 Rasaiyah Yogeswwary Female 58 S.Santhan Male 59 N.Gobalakrishnan Male 60 S.Thusyanthan Male 61 N.Pathmanathan Male 62 K.Nakula Male 63 S.Yogarasan Male 64 S.Kanthasamy Male 65 S.Thevarasa Male 66 N.Kumaran Male 67 E.Nagenthiram Male 68 N.Anantha Siththirasenan Male 69 S.Siyamini Female 70 E.Puspamalar Female 71 T.Pushparani Female 72 V.Punithavathi Female 73 T.Uruththirathevi Female 74 E.Santhirathevy Female 75 T.Megala Female 76 T.Niththiyakalyani Female 77 S.Mery Jebamalar Female 78 T.Uthayakumary Female 79 M.Parameshwary Female 80 Nirukumar Male 81 S.Srinivasan Male 82 M.Sithamparanathan Male 83 V.Ganesharathnam Male

84 S.Loganthan (represented I.Parameshwary) Male

85 M.Yatheeskumar Male 86 V.Manoraja Male 85

Resettlement Action Plan- AB 21 Road, Jaffna

87 S.Sivakumaran Male 88 T.Arumuham Male 89 P.Sritharan Male 90 P.Jeyatharsan Male 91 N.Rajakanthan Male 92 A.A.Nisanthan Male 93 G.Gnanalosan Male 94 M.Johnsaxon Male 95 M.Kuganesan Male 96 K.Muhunthan Male 97 M.Sivasuthan Male 98 E.Sri Male 99 N.Kanagendram Male 100 Indralingam Male 101 K.Kulatheivam Male 102 S.Yogarasa Male 103 Alageswaran Male 104 Sandran Male 105 Suresh Male 106 M.Vijeyakumar Male 107 R.Pratheepan Male 108 T.Manikkam Male 109 N.Kanagendram Male 110 K.Vinayakar Male 111 E.Sivakumaran Male 112 M.Kunalingam Male 113 V.Kengatharan Male 114 S.Namanan Male 115 J.Sureshkumar Male 116 M.Indrathevan Male 117 G.Sasikaran Male 118 K.Arullingam Male 119 T.Ravichandran Male 120 K.Vijayarasa Male 121 P.Kamal Male 122 K.Selvachandran Male 123 J.Ajith Male 124 P.Rameshkumar Male 125 M. Male 126 K.Vijayakumar Male 127 T.Manikkarasa Male 128 M.Makananthan Male 129 E.Chandran Male 130 K.visuvalingam Male 131 P.Selvan Male 86

Resettlement Action Plan- AB 21 Road, Jaffna

132 K.Kuganathan Male 133 J.Maryloothu Female 134 K.Vijayalaxmi Female 135 R.Pusparani Female 136 A.Venukathevi Female 137 I.Visaladsi Female 138 T.Vadivalaki Female 139 M.Rathnam Male 140 S.Nadesan Male 141 S.Thayananthan Male 142 K.Kanesan Male 143 V.Sripalan Male 144 V.Sooriyakumaran Male 145 S.Paramasivan Male 146 Balendran Asbury Male 147 N.Kalaiyarasan Male 148 S.Navaratnam Male 149 A.Sivalingam Male 150 S.Vijayaratnam Male 151 S.Paramasivmpillai Male 152 N.Lalithathevi Female 153 S.Jamela Female 154 R.P.Devasahayam Male 155 P.Sivanthy Female 156 Y.Sasikala Female 157 E.Kamaleshwary Female 158 T.Anitha Female 159 K.Nirmala Female 160 A.Komathy Female 161 S.Rathneswary Female 162 P.Karan Male 163 A.Jeyarathnam Male 164 S.Kamalanathan Male 165 S.Thusyanthan Male 166 S.Arumukam Male 167 T.Nithiyananthan Male 168 P.Thaneesh Male 169 P.Vasanthan Male 170 K.Tharani Female 171 M.Johnsan Male 172 R.Jegatheeswary Female 173 R.Gnanalosan Male 174 S.Premini Female 175 Mrs.K.Senthooran Female 176 N.SriKaran Male 87

Resettlement Action Plan- AB 21 Road, Jaffna

177 T.Jeyananthan Male 178 S.Sathiyatheepan Male 179 R.Sriganeshan Male 180 V.S.Asogaratnam Male 181 R.Ranjitha Female 182 Y.Sivasarmini Female 183 Mrs.B.Nithya Female 184 Mrs.P.Vijeyasri Female 185 Mrs.J.Jalaja Female 186 Mrs.S.Thayalini Female 187 N.Sivaruban Male 188 B.Nadanasanmuhathan Male 189 S.Arumukam Male 190 A.Jeyarathnam Male 191 N.Sivasankar Male 192 E.Jegan Male 193 S.Ponrasa Male 194 V.Sribalan Male 195 V.Sooriya Male 196 P.Ganesh Male 197 R.K.Raveendran Male 198 K.Sanmuhalingam Male 199 S.Loganathan Male 200 S.Satkunarasa Male 201 S.Sriparan Male 202 K.Puvaneshwaran Male 203 P.Ramachandram Male 204 K.Sivarama Male 205 S.Thayalan Male 206 S.N.Thatsanamoorthy Male 207 S.Vathsala Female 208 K.Rajikaran Male 209 N.Mahathevan Male 210 T.Muruhaiyah Male 211 T.Srikanthan Male 212 P.Uthayendran Male 213 P.Sritharan Male 214 S.Sandravathana Male 215 N.Sivaneswaran Male 216 Mrs.K.Thanusha Female 217 S.Chandrathevi Female 218 R.Ythursan Male 219 E.Parameshwaran Male 220 T.Lalithadevi Female 221 K.Ravikumar Male 88

Resettlement Action Plan- AB 21 Road, Jaffna

222 K.Jeevananthan Male 223 S.Srivajan Male 224 S.Visuvarathnam Male 225 S.Nadesan Male 226 N.Manikkam Male 227 V.Selvarasa Male 228 Rev.Dr.D.S.Solomon Male 229 V.Barath Male 230 K.Loganathan Male 231 N.thangeswaran Male 232 N.Kajith Male 233 K.Nagalingam Male 234 E.Manikandan Male 235 P.Kukanesan Male 236 K.Kaanthan Male 237 K.Pratheesh Male 238 S.Sasikaran Male 239 N.thanusyan Male 240 E.Sureshkumar Male 241 R.Nagaveni Female 242 J.Savariyal Male 243 N.Mattilda Joyce Female 244 A.Rajanayagam Male 245 S.Josep Male 246 M.Sellakkandu Male 247 M.Loorthamma Female 248 M.Gilda Jeevajini Female 249 Thaiyal Nayaki Female 250 N.Pathmarani Female 251 K.Raveendran Male 252 V.Sivajini Female 253 K.Mathumathy Female 254 M.Mariyathas Male 255 A.Subramaniyam Male 256 A.Konchenchiyamma Female 257 A.Amalanayagan Male 258 K.Kirubakaran Male 259 P.E.Atputhanayagam Male 260 P.Kanistan Male 261 N.Kamsan Male 262 S.Anorajh Male 263 J.Nitharsan Male 264 E.Kirujan Male 265 M.Nilaksan Male 266 P.Dilojan Male 89

Resettlement Action Plan- AB 21 Road, Jaffna

267 S.Danusan Male 268 J.Abisan Male 269 P.thanuyan Male 270 S.Balasingam Male 271 V.Sasikaran Male 272 S.Kanagarasa Male 273 T.Subakaran Male 274 R.Vilsan Male 275 A.S.Palanivel Male 276 S.Thanapalasingam Male 277 N.Pilip Male 278 M.Kaniute Male 279 A.Kamaleshwary Female 280 N.Pathmarani Female 281 T.Chandra Female 282 A.Sooriyakumari Female 283 P.Vinibretmary Female 284 K.Sesiliya Female 285 T.Rajeshwary Female 286 R.Selvi Female 287 M.Loorthamma Female 288 P.Sivakadatsam Male 289 Antonithas Male 290 P.Paththarina Male 291 T.Valarmathy Female 292 N.Meththilda Joice Female 293 N.Inparani Female 294 K.Balarokina Female 295 M.Nadarasa Male 296 S.Annarasa Male 297 T.Thayvathy Female 298 S.Rasathurai Male 299 T.Ramu Male 300 Marisalin mariyathas Female 301 A.loorthnayaki Female 302 P.Nagapoosani Female 303 M.Mathan Male

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Resettlement Action Plan- AB 21 Road, Jaffna

3. List of Consultation Sessions Conducted No of SN Date Meetings Participants 1 16-01-18 Stakeholders meeting with GA 58 2 17-01-18 Meeting with Sankanai DS 1 3 18-01-18 Meeting with Sankanai GN Officers 1 4 22-01-18 Meeting with Araly North J/164 GN 1 5 02-02-18 Meeting with J/165 GN 1 6 23-02-18 FGD at J/164 13 7 26-02-18 Consultation with FO president 2 8 27-02-18 consultation with Jaffna College Principal & Teachers 9 9 28-02-18 FGD at J/ 166 13 10 28-02-18 Consultation with Ulolasithy Pillayar Kovil Rep Mr. Thiruganasampanthar 2 11 03-03-18 FGD with students 10 12 02-03-18 FGD at J/ 165 3 13 02-03-18 FGD at J/160 12 14 02-03-18 Consultation with Balandara Asbury, CSI Secretary 1 15 02-03-18 Consultation with Nadeshan Thirukumar 1 16 14-03-18 Meeting with ACAD 2 17 16-03-18 FGD at J/161 7 18 16-03-18 Discussion with Vali South West PS Secretary 2 19 20-03-18 FGD at J/135 Navali East 6 20 20-03-18 Discussion with RDA Executive Engineer 1 21 20-03-18 Discussion with RDA Chief Engineer 1 22 23-03-18 FGD with Kakkaitivu fishermen 15 23 23-03-18 Discussion with Kakkaitivu Kovil Rep 3 24 29-03-18 Meeting with ADS Jaffna 2 25 29-03-18 Meeting with Commissioner of JMC 1 26 29-03-18 FGD at Navanthuri 7 27 30-03-18 FGD at Navanthuri 7 28 04-04-18 FGD withNavanthuri vendors 3 29 06-04-18 FGD at J/83, J/84 & J/85 25 30 06-04-18 Meeting with Navanthuri Fisnermen 9 31 02-08-17 Meeting with Fishermen and Vendors of the Kakaitivu Fish Market Area 35 32 02-11-17 Grama Niladari-Navaly East and Navaly South 4 33 02-11-17 Grama Niladari-Anaikottai 8 Consultation Meeting with Fishermen and Kovil Committee members of 34 09-05-17 21 Kakkaithivu Market area 35 09-11-17 Grama Niladari-Aral North 16 36 20--2017 Moolaai GN Division 1 37 24-04-17 Meeting with Land Owners along AB21 Road, Sandilippaai DS division 22 38 29-04-17 Consultation Meeting with Land owners at Araly North GN Division 24 39 30-10-17 Grama Niladari Office-Araly North 9 40 30-10-17 Moolaai GN Division 11 41 30-10-17 Araly West, Vaddu South West and Vaddu South GN Divisions 10 Total 380

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 6: BROCHURE USED FOR INFORMATION DISCLOSURE

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 7: MEDIA NOTIFICATION ABOUT THE REHABILITATION OF AB 21 ROAD SECTION (Udayan Local Tamil News Paper)

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 8: ANNOUNCEMENT NOTIFICATION OF THE CUT-OFF DATE

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Resettlement Action Plan- AB 21 Road, Jaffna ANNEX 9: CHAINAGE WISE LAND ACQUISITION AND IMPACTS

No of Extent Structures Chainage Tenurial Land Use Lots (Perches) Structure Nos Extent Left Side 3+480 to 3+740 4 State land Barren 87.93 3+740 to 4+140 2 Pradesha Sabha Fishermen Landing 39.56 Building 1 site 4+140 to 08+620 7 State land Barren 684.6 8+620 to 9+900 45 Private Residential and 113.42 BW 10 186m Business TSF 18 332m LF 8 184m 9+900 to 11+080 2 Church Paddy 3.32 19 Private Paddy 45.69 3 State Pond 77.1 8 Kovil Paddy 21.62 11+080 to 11+240 2 Private Business 3.71 LF 1 30m Well 1 part 1 CBO Business 0.91 LF 1 13m 2 Private Residence 2.65 LF 1 33m BW 1 23m 11+240 to 13+040 36 Private Paddy 169.98 State Barren 86.19 LF 1 13+040 to 13+220 6 Private Residence 10.31 13+220 to 14+500 5 State Barren 337.628 14+500 to 14+600 1 Private Residence 12.21 Right Side 3+480 to 3+740 3 State Barren 39.09 3+740 to 4+040 2 church Barren 20.55 1 Kovil Kovil 0.99 3 Private Barren 0.67 4+540 to 5+980 22 Private Paddy 63.9 1 Kovil Barren 2.02 2 State Barren 292.98 5+980 to 8+320 2 State Barren 158.91 8+320 to 8+420 1 Palmyra Dev. Toddy pub 0.24 Board 8+420 to 8+820 9 Private Paddy 50.15 8+820 to 9+980 3 State Barren 63.59 TSF 14 304m Toilet pit 1 41 Private Residence 57.58 LF 7 140m 1 church Church Premises 2.02 BW 12 229m 9+980 to 10+700 12 Private Paddy 35.53 7 Kovil Paddy 29.28 10+700 to 10+780 1 church Church Premises 5.14 LF 1 50m 10+780 to 11+400 5 State Barren 155.4 11+400 to 11+720 11 Private Paddy 42.46 11+720 to 14+480 5 State Barren 325.24 14+480 to 14+600 2 Private Barren 7.86 LF 01 33m TSF- Tin Sheet Fence, LF- Live Fence, BW- Boundary Wall

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Resettlement Action Plan- AB 21 Road, Jaffna

ANNEX 10: PCR CLEARANCE FOR SRI NARASINGER KOVIL KAKKAITIVU RELOCATION

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Resettlement Action Plan- AB 21 Road, Jaffna

ANNEX 11: DESIGN OF KOVIL

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Resettlement Action Plan- AB 21 Road, Jaffna

ANNEX 12: LAYOUT OF WATER SUPPLY LINE- VALIKAMUM SOUTH WEST PS

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