Liberia Electricity Corporation (Lec) and Rural and Rrenewable Energy Agency (Rrea)

Public Disclosure Authorized

LIBERIA ELECTRICITY CORPORATION (LEC) AND RURAL AND RRENEWABLE ENERGY AGENCY (RREA)

Public Disclosure Authorized Liberia Electricity Sector Strengthening and Access Project (LESSAP)

Resettlement Policy Framework Public Disclosure Authorized Draft Report

November 2020

SQAT: January 12, 2021

Public Disclosure Authorized

Contents LIST OF ACRONYMS ...... 1 1 BACKGROUND ...... 2 1.1 Project Description ...... 3 1.2 Objective and Rationale of the Resettlement Policy Framework ...... 7 1.3 Project Locations, Beneficiaries and Project Affected People ...... 8 1.4 Institutional Capacity ...... 10 1.5 Baseline Information Required for Projects ...... 10 1.5.1 Overview ...... 10 1.5.2 Montserrado County ...... 12 1.5.3 Grand Bassa County ...... 12 1.5.4 Margibi County ...... 13 1.5.5 Bomi County ...... 14 1.5.6 Grand Cape Mount County ...... 15 2 PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT .... 17 2.1 Principles ...... 17 2.2 Objectives...... 17 2.3 Scope of ESS5 Application ...... 18 3. PROCESS FOR PREPARING RESETTLEMENT PLANS ...... 19 3.1 Screening, Preparing and Approving Resettlement Plans ...... 19 3.2 Identification Stage ...... 20 3.3 RAP Preparation ...... 21 3.4 RAP Approval/Clearance/Disclosure ...... 22 3.5 Disclosure...... 23 4 LEGAL AND INSTITUTIONAL BACKGROUND ...... 24 4.1 Overview ...... 24 4.2 The Land Tenure Legislation of Liberia ...... 24 4.4 World Bank ESS5 ...... 27 4.5 Institutional Framework for Land Acquisition and Resettlement ...... 30 5 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS 33 5.1 Overview ...... 33 5.2 Project Impacts on Assets and Livelihoods ...... 33 5.3 Specific Impacts on Assets and Livelihoods ...... 34 5.4 Land Tenure Systems ...... 34 6 ELIGIBILITY CRITERIA FOR ENTITLEMENT ...... 35 6.1 Identification of Affected Groups/Individuals ...... 35 6.2 Eligibility Criteria of Affected Groups/Individuals ...... 35 6.3 Assistance to vulnerable people ...... 36 6.4 Cut-Off Date for Entitlements...... 38 7 VALUATION METHODS AND ENTITLEMENTS ...... 39 7.1 Basis of Valuation ...... 39 7.2 Valuation Principles ...... 39 7.3 Methods of Valuing Assets ...... 40 7.4 Valuation and Compensation of Crops and Trees ...... 41 7.5 Valuation and Compensation of Buildings and Structures ...... 42

7.6 Valuation and Compensation of Agricultural Land ...... 42 7.7 Valuation and Compensation of Urban Land ...... 43 7.8 Valuation for Easements ...... 43 7.9 Valuation and Compensation of Loss for Economic Activities ...... 44 7.10 Disturbance and Transportation Allowances ...... 44 8 ORGANIZATION, PROCEDURES AND RESPONSIBILITIES ...... 45 8.1 Institutional and Implementation Arrangements...... 45 8.2 Compensation Procedure ...... 46 8.3 Implementation Responsibilities ...... 46 8.4 Valuation/Assessment Team ...... 47 8.5 RAP Entitlements Delivery ...... 47 8.6 Compensation Payment Processing ...... 47 8.7 RAP Implementation Linkage to Construction ...... 48 8.8 Role and Responsibilities of the Social Safeguard Specialist or Social Development Officer ...... 48 8.9 Project Level and National Level Institutional Arrangements for Resettlement ...... 50 9 CONSULTATION AND DISCLOSURE PROCEDURE ...... 53 9.1 Objectives of Consultation ...... 53 9.2 Consultation on the Resettlement Policy Framework ...... 53 9.3 Consultation on Resettlement Action Plan ...... 53 9.4 Methods for Consultation with Affected Groups/Individuals...... 54 9.5 Consultation Procedures ...... 54 9.6 Disclosure of the RPF and RAP ...... 55 10 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS ...... 56 10.1 Potential Grievances and Disputes ...... 56 10.2 Proposed Grievance Redress Mechanisms ...... 56 10.3 Administrative Arrangements ...... 57 10.4 Grievance Procedures ...... 58 11 BUDGET AND COMPENSATION ARRANGEMENTS ...... 60 11.1 Budget and Resettlement Activities ...... 60 12 MONITORING AND EVALUATION ARRANGEMENTS ...... 61 12.1 General Objectives of Monitoring and Evaluation ...... 61 12.2 Monitoring ...... 61 12.3 Evaluation ...... 62 ANNEX 1: RAP Verification Form ...... 72 ANNEX 2: Project Land Requirement and Utilization Form ...... 73 ANNEX 3: Annotated Outline for Preparing a RAP ...... 74 ANNEX 4: Major Tree Crops and Price per Tree – Ministry of Agriculture ...... 79 ANNEX 5: Real Estate Valuation Guideline, Liberia Revenue Authority ...... 80 ANNEX 6: Survey instruments (Sample Questionnaire) ...... 83 ANNEX 7: Socio-Economic Baseline Survey Questionnaire ...... 85 ANNEX 8: Sample Grievance and Resolution Form ...... 87

LIST OF ACRONYMS

AT&C Aggregate Technical and Commercial ASA Advisory Services and Analytics CAS Country Assistance Strategy CPF Country Partnership Framework ESIA Environmental and Social Impact Assessment ESS Environmental and Social Standard (of the World Bank) ESMT External Senior Management Team ESMU Environment and Social Management Unit GAC General Auditing Commission GOL Government of Liberia GRC Grievance Redress Committees GRM Grievance Redress Mechanism IIU Infrastructure Implementation Unit (of the Ministry of Public Works) LEC Liberia Electricity Corporation LESSAP Liberia Electricity Sector Strengthening and Access Project LLA Liberia Land Authority LMT Local Management Team LV Low Voltage MCC Millennium Challenge Corporation MME Ministry of Mines and Energy (of Liberia) MPW Ministry of Public Works MV Medium Voltage MW Megawatt MSC Management Services Contract NEP National Energy Policy NGOs Non-Governmental Organizations OGS Off Grid and Solar PAPD Pro-Poor Agenda for Prosperity and Development PAPs Project Affected Persons PCMU Project Coordination Management Unit PDT Project Development Team PIU Project Implementation Unit PMT Project Management Team PT Project Team PV Solar Photovoltaic RAP Resettlement Action Plan RPF Resettlement Policy Framework RL Republic of Liberia RLARGH Revised Laws and Administrative Regulations for Governing the Hinterland ROW Right of Way RREA Rural and Renewable Energy Agency SOE State-Owned Enterprise TA Technical Assistance WB World Bank

1 BACKGROUND

After more than fifteen years of civil war in Liberia, the new democratically elected government took over a country with severe challenges. The civil war destroyed much of Liberia’s physical and human capital and damaged many institutions. The new government has sought international support in revitalizing its capital and institutions, and has endorsed programs aimed at improving governance, building capacity, and managing post-conflict recovery through establishing policies to stabilize the economy and support economic reconstruction. Prior to the civil war in 1989, the Liberia Electricity Corporation (LEC) had a total installed generation capacity of 197MW (63MW from Mt. Coffee hydro, and 124MW from heavy fuel oil plants) serving about 35,000 households in the capital Monrovia, representing about 7 percent of the country’s population. A total of 13MW from ten small isolated power systems supplied the rural county capitals. By the end of the war in 2003, almost all the electricity infrastructure, including the transmission and distribution network, had been destroyed or looted. LEC ceased operation during the crisis leaving the sector non-operational. Following a peace treaty and a successful election in 2006, massive donor resources were mobilized to implement the Emergency Power Programs (2006-2012) that led to reestablishment of LEC’s operations and allowed for the installation of up to 22MW high-speed diesel generators and reconstruction of some basic transmission and distribution infrastructure in limited areas of Monrovia. The Government of Liberia (GOL) has intensified its commitment to the provision of energy services through the recent development of a National Energy Policy (NEP), which calls for universal and sustainable access to affordable and reliable energy supplies in order to foster the economic, political, and social development of Liberia. One of the key pieces of the NEP related to rural energy is the creation of a Rural and Renewable Energy Agency (RREA) whose long-term goal is to facilitate the economic transformation of rural Liberia by accelerating the commercial development of modern and renewable energy services in rural areas. The proposed project is closely aligned with the objectives of the World Bank Group’s Country Partnership Framework (CPF) for Liberia for FY19-24 and Liberia’s medium-term development plan, the Pro-Poor Agenda for Prosperity and Development (PAPD) 2018-2023. Both the CPF and PAPD identify the expansion of electricity services and its affordability for businesses, households and public institution as a necessary intervention to address constraints to economic growth, human capital development and poverty reduction. The proposed project is also consistent with the World Bank Group’s twin goals of ending extreme poverty and promoting shared prosperity. The proposed project directly supports human capital development through the provision of sustainable, uninterruptible electricity services to health facilities. The proposed project would also contribute to the achievement of one of the outcomes of Liberia’s First Inclusive Growth Development Policy Operation (P168218) which is to bolster the financial sustainability of the largest state-owned enterprise (SOE), LEC, to reduce the fiscal risks posed by the SOE sector. This report describes the Resettlement Policy Framework (RPF) and Procedural Guidelines applicable to land utilization, compensation and resettlement related to the Liberia Electricity

Sector Strengthening and Access Project (LESSAP). It is based on the sector-wide RPF for energy sector projects in Liberia.

1.1 Project Description

The proposed project aims at increasing electricity access in Liberia and turnaround the financial fortunes of the national utility, LEC. The grid component to be implemented by LEC would: (a) increase grid electricity access by rehabilitating and expanding medium voltage (MV) and low voltage (LV) distribution network and connect new households and business; (b) reduce commercial losses by replacing all faulty meters and regularizing all unmetered or illegally connected households and businesses as well as implementing revenue protection measures; (c) decentralize the technical and commercial operations into districts offices/ customer service centers (CSC) to bring delivery of quality electricity services closer to consumers and help LEC better manage commercial losses; (c) automate the technical operations to improve reliability of supply; and (d) strengthen the managerial and operational staff capacity of LEC to improve operational and financial efficiency. Whilst the off-grid component to be implemented by RREA would extend off grid solar (OGS) electricity services primarily to remotely located heath facilities, design and implement pilot solar PV mini grids and deploy SHS to households in communities for which it is not feasible to benefit from grid electricity in the immediate future.

Project Components

The PDO is to increase access to electricity in Liberia and improve operational efficiency of LEC. The proposed project will contribute to the GoL’s target of increasing electricity access to 70 percent by 2030 from the current rate of 28 percent and turnaround the operational and financial performance of the national utility. The project will target two key areas in Liberia’s energy sector, grid electrification mainly in the Capital Monrovia and economic corridors of Kakata and Bomi counties implemented by the LEC, and off-grid solar electrification in health centers and remote communities to be spearheaded by the RREA.

The grid component to be implemented by LEC would: (a) increase grid electricity access by rehabilitating and expanding medium voltage (MV) and low voltage (LV) distribution network and connect new households and business; (b) reduce commercial losses by replacing all faulty meters and regularizing all unmetered or illegally connected households and businesses as well as implementing revenue protection measures; (c) decentralize the operations (technical and commercial) into districts to bring delivery of quality electricity services closer to consumers and help LEC to better manage commercial losses; (d) automate the technical operations to improve reliability of supply and better integration with CLSG interconnection; and (e) ensure a smooth transition to a full-time sustainable management and strengthen the managerial and staff capacity of LEC to ensure its operational and financial sustainability.; The off-grid component would extend solar PV electricity services primarily to remotely located heath facilities. Guided by the NES, the component would also support a design and implementation of a pilot for a more concessional approach to deploy solar home systems (SHS) to households in very remote and dispersed communities, and support single-community smaller mini-grids in areas where it is

feasible.

The proposed project comprises of three main components. Component 1 and 2 are expected to entail activities that are likely to result to Land acquisition, Restrictions of Access to Land use and Involuntary Resettlement.

Component 1, subcomponent C will finance activities for the construction of district offices and Customer Service Centers (CSCs) while component 2 will finance activities for the installation of Solar PV electrification of health facilities and households. These activities will have directly social and economic impacts on PAPs as a result of land take and restrictions of accesses. This will require preparation of a Resettlement Plan (RAP)

Below are detail descriptions of components and subcomponents to be financed by LESSAP:

Component 1: Rehabilitation and Expansion of Electricity Infrastructure and Systems and Access Expansion (US$45 million). This component will have two subcomponents.

• Subcomponent 1(a). Distribution Network Rehabilitation, Densification and Expansion: The subcomponent would support the rehabilitation and expansion of the distribution network in communities with existing and ongoing construction of electricity infrastructure primarily in Monrovia and surrounding counties. Where feasible, dedicated feeders would be constructed to public facilities (health, educational, water treatment, etc.) and industries. The physical construction works would involve the installation of MV and LV poles (with footprint ≤0.6m), MV/LV line materials (conductors/cables & accessories) and distribution transformers along the existing right-of-way (ROW) of highways, roads, streets, etc. (reserved by the MPW for the use by utilities) and connecting energy meters. The LV lines would be strung with insulated aerial bundled conductors (ABC) to reduce the line safety risks to the households. It is estimated that a total of 600km MV and LV distribution lines would be rehabilitated and or constructed, a total of 700 pieces of damaged or overloaded transformers or new transformers would be replaced or installed, about 120,000 energy meters would be used to connect new households and businesses, replace existing faulty meters or regularize unmetered or illegally connected households and businesses. Activities under subcomponent 1a are subdivided into the following broad areas:

o Rehabilitation and Expansion of Distribution Network in Communities with Existing Electricity Infrastructure: This subcomponent would seek to: (a) expand the distribution load capacity by about 50MVA and improve quality and reliability of supply by rehabilitating and constructing about 250km MV/LV lines and replacing all damaged or overloaded transformers with higher capacity ones (250 in total,

o Densification and Expansion of Distribution Network in Communities with ongoing Bank-financed electrification project (LACEEP, P133445): This proposed subcomponent would intensify the network to capture all households in the beneficiary communities and extend supply to the new communities along the

corridor. It is expected that about 65km of MV lines and 350km of LV lines would be constructed, 450 transformers installed and new connections to about 80,000 households and businesses would be completed

• Subcomponent 1(b) Revenue Protection Program (US$4 million equivalent): Activities under this subcomponent 1(b) are subdivided into the following broad areas:

o Asset & Customers Mapping Survey (US$1.2 million equivalent): This activity would finance the outstanding data gathering exercise, which is estimated to involve about 650Km of HV, MV and LV network of existing and ongoing projects, 2,500 distribution transformers, 110,000 customer connections, etc.

o Bulk Supply Metering (US$2.8 million equivalent): The subcomponent would support the continuation of the HSMS but on advanced metering infrastructure (AMI) platform. • Subcomponent 1(c). Establishment of District Offices and Customer Service Centers: (US$4.5 million equivalent): This subcomponent would support the construction of the physical infrastructure (offices, customer centers, stores etc.) as well as vehicles and tools required for the establishment of district offices and Customer Service Centers (CSCs). A typical district office would have office/working space for the district manager, district engineer/district technical officer and staff, commercial officer and staff, etc.) and would require approximately 0.5acre of land. These district offices would be located on lands within existing LEC substations at Stockton Creek, Garnerville, Paynesville, Kakata and Kle and would not require land acquisition. The CSCs would be constructed in ten selected communities in the districts but located far from the district offices. The customer service centers would be for fault reporting, and LV and service connection repair works in their catchment areas. LEC is arranging with county/district local authorities to local suitable public lands available at the catchment areas for the CSCs. The physical structures for the district offices and CSC would comprise of 20-footer containerized office structures that can be deployed quickly and does not require serious civil construction works.

• Subcomponent 1(d). Establishment of Supervisory Control and Data Acquisition (SCADA) System (US$6.5 million equivalent): the subproject would finance the cost of automating the existing 66kV transmission and distribution system to facilitate overall network oversight, proactive network problem detection and resolution and acquisition of power quality data for real time operational decision making. It would involve retrofitting of existing switchgears to make them motorable and installation of Remote Terminal Unit. The only physical construction would be for the construction of the control room which would be located within the fence walled Bushrod Island substation.

Component 2: Electrification of health facilities and households in off-grid rural areas (US$4 million): The proposed component is also aimed at supporting single-community smaller mini- grids through leveraging private sector investment to test this market segment as well. To build resilience against pandemics like Ebola and COVID-19, electrification of health centers and vaccine storage facilities has emerged as a priority for the GoL. The project will support electricity access to 200 health care and vaccine storage facilities prioritized by Ministry of Health with

adequate quality and sustainable services to improve their operation functions. The component will also support the following subcomponents:

Subcomponent 2 (a). Electrification of health facilities through stand-alone solar systems (US$5.2 million): The subcomponent will support: (i) selected health facilities to enhance the delivery of healthcare services and improve their resilience during epidemics; and (ii) selected vaccine storage facilities to support the Covid-19 vaccine cold chain. Selection of the health care and vaccine storage facilities will be conducted in collaboration with the Ministry of Health (MoH). Subcomponent 2 (b). Electrification of households in off-grid areas (IDA US$4 million): This component would support design and implementation of pilots for reaching electricity in very dispersed communities through stand-alone solar systems and also test the implementation arrangement for single-community smaller mini-grids through private sector participation. The pilots would be used to demonstrate the technical and commercial viability and attractiveness to the private sector in engaging in the provision of stand-alone systems and mini-grid services. Component 3: Technical Assistance for institutional reform, capacity building of sector institutions, and implementation support to LEC (US$10million)

The component would support 2 additional years of the current management service contract (MSC), which is currently funded by the MCC and is expiring in January 2021. The component will also support a program to transition fiducial responsibility from the MSC to a local management including training and capacity building of management and operational staff of LEC. The component will also support the Ministry of Mines and Energy to establish a sustainable energy department to enable it to effectively carry out sector planning and overall oversight including monitoring and evaluation activities. The component would support a contract monitoring consultant for the MSC. Finally, the component would complement the support by other development partners to the newly established Liberia Electricity Regulatory Commission (LERC) to prepare the required regulatory and monitoring instruments and capacity building activities for its technical staff. The component will be implemented by LEC.

Subcomponent 3(a): Support for Transition from Management Service Contract (US$8 million): The current MSC contract was competitively awarded to ESBI of Ireland and is funded by the MCC. The original contract was for 3-year period expiring in January 2021 with the possibility of a 2-year extension (to be funded by other development partners as MCC Compact is closing in January 2021). After careful considerations of all the factors, GoL decided that 2 more years of the MSC is the only feasible option. The proposed sub-component will support the 2 year of MSC contract (to be awarded through a Direct Contracting since the original competitively awarded contract was funded by MCC and not the Bank). The component will also support a transition to a full-time sustainable management of LEC, which may include any incremental benefits (beyond what is offered under LEC package) for attracting internationally competent professionals for the incoming chief executive positions of LEC (CEO).

3(b): Technical Assistance, training and capacity building of sector institutions and project implementation support (US$2million): The sub-component will support design and implementation of a systemic training program for managers, supervisors and front-line staff in all the operational areas of the LEC (building on the on-going training program funded by MCC and

the training needs assessment financed by AfDB). This subcomponent will cover the cost of strengthening the capacity of the Project Management Team (PMT) in LEC to manage and monitor implementation of the project. It will include financing the cost of specialized consultants (technical, financial, procurement, audit, safeguards, etc.) to support the PMT, the preparation of technical designs and safeguards documents, community engagement and sensitization programs, implementation of gender actions plans etc. Tailored interventions to boost women’s employment at LEC and more broadly in the energy sector (both in technical and non-technical roles) will be implemented to ensure better balance and the talent pool is enhanced. The sub-component would complement the MME’s efforts to establish a sustainable energy department to enable it to effectively carry out sector planning and overall oversight including monitoring and evaluation activities including a contract monitoring consultant for monitoring the performance of the MSC. The sub-component would also complement the support by other development partners (EU and MCC) to the newly established LERC to prepare the required regulatory and monitoring instruments and capacity building activities for its technical staff.

1.2 Objective and Rationale of the Resettlement Policy Framework

The objective of this Resettlement Policy Framework (RPF) is to clarify resettlement principles, organizational arrangements and design criteria to be applied to subprojects or LESSAP components to be prepared during implementation. Once the subprojects are defined and the necessary information becomes available, this framework will be expanded into a specific plan proportionate to potential risks and impacts. Project activities that will cause physical and/or economic displacement will not commence until such specific plans have been finalized and approved by the Bank.

If land acquisition or restrictions on use of, or access to, land or natural resources by LESSAP cause significant economic displacement, arrangements to provide displaced persons with sufficient opportunity to improve, or at least restore, their livelihoods are also incorporated into the resettlement plan, or into a separate livelihood's improvement plan. These include:

• For those with agricultural livelihoods, the resettlement plan provides for an option to receive replacement land of equivalent productive value or demonstrates that sufficient land of equivalent value is unavailable. Where replacement land is available, the plan describes methods and timing for its allocation to displaced persons. • For those whose livelihood is affected by loss of land or resource use or access, including common property resources, the resettlement plan describes means to obtain substitutes or alternative resources, or otherwise provides support for alternative livelihoods.

This RPF plans to ensure that in case any land acquisition and/or restriction of access to assets or resources occurs, any adverse impacts will be adequately mitigated. This framework aims to ensure persons who are to be removed from land or other assets of which they are presently in possession due to the LESSAP activities are not adversely affected. It is to ensure that the conditions of persons in project locations are not made worse than what they were before the introduction of the projects in their localities. It addresses those issues that may arise as a result of people being involuntarily relocated or their property being adversely affected where the LESSAP will be implemented. This RPF intends:

(i) to confirm the policies and entitlements to be applied to land acquisition or utilization,

compensation and resettlement in the context of LESSAP activities; and (ii) to establish the procedures for preparing and implementing a Resettlement Action Plans (RAP) for subprojects impact locations, in order to guarantee that the project is planned and implemented in accordance with the World Bank Environmental and Social Standard (ESS-5) on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement and applicable Liberian legislation.

The RPF sets out: • the institutional and policy frameworks for land acquisition or utilization, compensation and resettlement. • principles and procedures to be applied for land acquisition or utilization, compensation and resettlement. • procedures for disclosing information to, and consultation with, the project-affected people (PAP). • procedures for redress of grievances; and • procedures for implementation, monitoring and evaluation of the RAP.

In the context of the LESSAP, World Bank Environmental and Social Standard-5 (ESS5) on Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement is found applicable/relevant This is in relation to component 1: extension of electricity distribution systems and connection of new users. For component 2, in the event where solar panels cannot be practically installed on roof tops, there may be a need for land acquisition to install the solar panels in open fields/areas, particularly in the case of the pilot mini grid. This RPF will provide the guidelines for the preparation of the Resettlement Action Plan, as needed, in case any land acquisition, and/or restriction of access to resources should occur. The RPF is deemed the appropriate social safeguard instrument for the LESSAP because the specific impact locations that are likely to result from Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement are yet to be determined and the Project affected Persons (PAPs) are to be identified. Alternative routing to minimize environmental and social impacts will be assessed and approved by the project team during the detailed design stage prior to the implementation phase.

This RPF also requires the application of the ESSs to Associated Facilities. Associated Facilities will meet the requirements of the ESSs, to the extent that the LEC and RREA has control or influence over such Associated Facilities. Associated Facilities means facilities or activities that are not funded as part of the project and, in the judgment of the Bank, are: (a) directly and significantly related to the LESSAP; and (b) carried out, or planned to be carried out, contemporaneously with the LESSAP; and (c) necessary for the project to be viable and would not have been constructed, expanded or conducted if the project did not exist.

1.3 Project Locations, Beneficiaries and Project Affected People

The grid electrification would be implemented in communities mainly in the capital Monrovia and

in the economic corridors of Kakata and Bomi/ Grand Cape Mount counties. These communities either have existing electricity (but of poor quality) or there’s ongoing electrification project (but not areas could be covered). The actual existing networks to be rehabilitated and the distribution line routes for network extension would be determined after the detailed design works are completed. Households will greatly benefit from improved access to cheaper electricity, while other beneficiaries include small businesses and industries that have been waiting for more reliable energy provision. In addition, government agencies and public institutions (schools, health facilities, churches and mosque) will also have improved energy access, and this will have positive indirect social impacts for the communities.

Electricity Connection Plans in Liberia from 2021 to 2030

The district offices and CSC would be located on lands within existing LEC substations where feasible. For areas with no existing substation or it is not suitable, LEC would arrange with county/district local authorities for suitable public lands in the catchment areas for their construction. The establishment of the district offices would enable LEC to bring electricity services closer to its customers. Households would benefit from timely response from LEC to their poor supply complaints.

Off-grid Solar (OGS): It is estimated that about 300 health facilities, but the selection of the specific health facilities and their locations had not been completed yet. The RREA is collaborating with the MOH to select the health facilities to benefit from the project. The communities to benefit from the pilot solar mini grids and the SHS would be selected from the report of the National Electrification Strategy study which is in the final stages of completion. The health facilities would benefit from improved modern electricity services which in turn would contribute to the provision of healthcare to the communities.

1.4 Institutional Capacity

In general, the projects to be undertaken in the energy sector will be designed in such a way as to provide sufficient institutional arrangements to effect safeguards in line with existing Liberian legislation and procedures and in compliance with ESS5. The implementing agencies of the LESSAP include the LEC and RREA, and they will be responsible for implementing the RPF: LEC for component 1 and RREA for component 2. LEC has already set-up an Environment and Social Management Unit (ESMU) that is led by an Environmental Specialist together with a Gender and Social Safeguard Specialist. The ESMU of LEC will be responsible to help ensure smooth implementation of Component 1 of the Project. LEC safeguards team has experience with similar World Bank financed electricity sector projects, such as LESEP (P120660) and Additional Financing (AF) and the ongoing LACEEP (133445) and AF. Similarly, the RREA has an existing safeguards team (Environmental Specialist and a Social Development Officer) implementing the ongoing Bank financed LIRENAP project, and it is also expected that the same safeguards team at RREA will be responsible to help ensure smooth implementation of Component 2 of the project. To ensure smooth implementation of the safeguards instruments, the project will provide capacity building similar to the technical assistance programs to LEC and RREA that have been set-up for other energy sector projects as mentioned above.

1.5 Baseline Information Required for Projects

Recent surveys conducted by the Government of Liberia indicate that poverty is an endemic problem in Liberia. To alleviate the poverty conditions of these persons, projects in the energy sector should not cause involuntary resettlement. In the event of involuntary resettlement becoming necessary, compliance with ESS5 and the laws of Liberia and regulations of relevant agencies and institutions will be necessary to mitigate any adverse impacts

It is therefore a requirement that baseline socio-economic studies be conducted for all projects to be sponsored under the World Bank energy programs requiring involuntary resettlement. These studies should determine the socioeconomic conditions of people likely to be affected by the projects and the potential impacts on assets and livelihood of these persons and ways in which to mitigate such impacts. Detailed socio-economic baseline data for the targeted counties will be provided in the ESIA, ARAP/RAP reports for LESSAP as a requirement before project implementation.

1.5.1 Overview The total population of Liberia i is 3,476,608 comprising 1,739,945 males and 1,736,663 females, with a sex ratio of 100.2. The average Household size of Liberia is 5.1, while the population density is 93 persons per square mile. A total of 1,363,280 Liberians between the ages of 10 years and above, representing 39% of the total population of Liberia, are considered literate. Also, in 2008, 9,515 Liberians had access to electricity power supply, comprising 7,091 persons in urban areas and 2,424 persons in rural areas, while 51,196 households had flush toilets to dispose human waste.

The rest of the population dispose their human waste either by means of shared toilet, covered and open pit latrines, the bush or on the beach. Christianity is the dominant religion in Liberia representing (86%), followed by Islam (12%) and the rest constitutes traditionalists and people who do not have any religion. (National Population and Housing Census, 2008).

The recent National Population and Housing Census (NPHC) conducted by the Government of Liberia in 2008 is considered as prerequisite for assessing the socio-economic situation of its population. According to this survey, the population of the project area was 1,761,052, of which, 875,105 were males and 885,947 were females, and with an expected national annual growth rate of 2.1. The Project will be located across five (5) counties, in which the population is given as: Montserrado- 1,118,241 (549,733 males, and 568,508 female); Bomi County- 41,179 (42,940 males, and 41,179 female); Grand Bassa County-221,693 (110,913 males, and 110,780 female); Grand Cape Mount County was 127,076 (65,679 males, and 61,397 female); and Margibi County 209,923 (105,840 males, and 104,083 female)

Distribution of population by number of households puts Bomi County at 20,508; Grand Bassa 47,440; Grand Cape Mount 23,950; Margibi 45,095; and Montserrado 232,585. Education is free for students attending Government’s schools in the 5 counties, most parents who can afford prefer sending their kids to private school, but this is very expensive for average Liberian.

Except for residents in the major cities of Monrovia-Montserrado, Buchanan-Grand Bassa, Tubmanburg-Bomi, Kakata-Margibi, Robersport-Grand Cape Mount Counties, majority of the population in the towns and villages in the project area are engaged in sustenance farming, fishery, and illicit mining. The primary economic activities in the area include subsistence farming and petty trading. The bulk of the household income is spent on basic necessities such as food. Average household size is estimated at approximately 4-6 persons per room in typical rural premises.

A sizeable portion of the population outside of the provisional Capitals is formally unemployed and, generally the average citizen lives below the poverty line, earning less than US$1.90 per day. The existing semiskilled labor force in four of the 5 counties (except Montserrado) is comprised primarily of farmers, masons and carpenters. Cost of living in the project area is relatively high. The cost of food varies with weather and is higher in the rainy season due to difficult access conditions and high transportation cost bringing food from the farms and villages to the major towns and cities.

The health situation in the project area, as is similar across a great length of Liberia, has severe strain, resulting from the long years of civil crises, EBOLA outbreak and now the COVID-19. However, the country has garnering support from the international community to improve the health system. As a result, there is gradual improvement in health service in such major cities in the project area. Residents from the other towns and villages in the project area have to travel to these cities for better health services. Major causes of illness and mortality include communicable diseases such as malaria, acute respiratory infections, and diarrhea exacerbated by poor sanitation and limited access to safe drinking water (IHME, 2017).

Significant number of cities, town and villages in the area lack pipe-borne water supply. The supply of potable water in the areas is provided by public wells/hand pumps. There is no public sewerage system in the area.

1.5.2 Montserrado County Montserrado County, in terms of territorial land space, is one of the smallest counties in the country, but it is the most densely packed county, where the population density is over 1,500 persons per square mile. The total population of Montserrado County is 1,118,241, comprising 549,733 males and 568,508 females. The sex ratio in Montserrado County is 96.7 while the average household size of the county is 4.8, which means that the household size in Montserrado County falls below the National household size of Liberia. Montserrado, highly diverse and representative of all the different ethnic groups of the country, is the epic center of politics and commerce in Liberia. Christianity is the dominant religion representing 68%, while Islam is the second largest religion representing 32% of the population of Montserrado County. In 2008, of the 232,585 households in Montserrado County, 10,944 used streams for drinking while 104,069 used pipe/out door pump water. Regarding lightning, 120,547 used candle, 63,017 used kerosene while 16,234 used palm oil lamps for lightning. In respect of cooking, 29,612 used wood, 183,777 used charcoal while 14,620 households used electricity, gas and kerosene for cooking in Montserrado County. (National Population and Housing Census, 2008).

In terms of livelihoods, the population outside of the urban areas is mostly engaged in subsistence agriculture, with main products being cassava, rice, and vegetables. However, in the greater Monrovia area, the livelihood sources are varied where people have small scale businesses, and salaried employment in addition to agricultural activities and selling produce in the markets. A large part of the population in urban Montserrado County is engaged in trade activities and Greater Monrovia is the center of the country’s industrial and commercial activities. Rural areas lack adequate health care services and access to sanitation infrastructure. Piped water is very rare and although there are water pumps, these are often poorly maintained, which can lead to water-borne diseases. School facilities in the rural areas do exist, but for many children the distance can be difficult to overcome. Difficulty of getting qualified teachers to settle in remote areas continues to be a challenge. The literacy rate is much higher at 70% in Montserrado County, due to the fact that Monrovia has several educational institutions, including the University of Liberia.

1.5.3 Grand Bassa County The total population of Grand Bassa County is 221,693 persons comprising 110,913 males and 110,780 females, with a population density of 73 persons per square mile. This means that the population density of Grand Bassa falls below the national population density of 93 persons per square mile. However, while the sex ratio of Grand Bassa County is 100.1 and the average household size is 4.6, only 27% of the total population of Grand Bassa resides in urban areas. The rest of the population is concentrated in the rural settlements of the county. In 2008, of the 47,440 households in Grand Bassa County, 25,424 used streams for drinking, and 9,186 used pipe/outdoor pump water. Regarding lighting, 8,375 used candle, 10,836 used kerosene, 23,240 used palm oil lamps and only 493 households had access to electricity power supply. In respect of cooking, 35,862 households used wood while 9,259 used charcoal. While English is generally spoken in

Grand Bassa County, majority of the population speaks the Bassa vernacular; the rest of the population speaks the other 15 local ethnic languages of Liberia. Christianity is the most dominant religion (about 93%) in Grand Bassa County followed by Islam and animist. (National Population and Housing Census, 2008). Buchanan, a seaport area located about 140km from Monrovia, is the provincial capital of Grand Bassa County. The population of Buchanan is about 60,000 inhabitants and 11,000 households. Electricity is generated in the port area by Arcelor Mittal for port operation and iron ore shipment while the rest of the population lacks access to public electricity.

In terms of livelihood, agriculture and fisheries (done at subsistence levels) are the two major livelihood sources in Grand Bassa County1; however, in Buchanan, a significant percentage of the population is engaged in petty trading. The availability of basic social services remains a serious challenge. The health and education systems have relatively improved since Ebola but remain in very poor shape. The 75-bed Government-owned hospital and other health facilities in Grand Bassa County continue to play an important role in the health sector but lack access to public electricity and essential medicine and equipment.

1.5.4 Margibi County Margibi County has a total population of 209,923 persons comprising 105,840 males and 104,083 females. The population density of Margibi is 202 persons per square mile. The sex ratio of Margibi County is 101.7 while the average household size of the county is 4.6. In 2008, of the 45,095 households in Margibi County, 11,285 used streams for drinking, 15,085 used pipe/outdoor pump water. Regarding lighting, 11,422 used candle, 17,143 used kerosene, while 10,611 used palm oil lamps and only 1,497 persons had access to electricity power supply. In respect of cooking, 558 used wood, 24,832 used charcoal while 766 used electricity, gas and kerosene for cooking. (National Population and Housing Census, 2008).

Kakata, which is one of the four districts in Margibi, has approximately 33,945 inhabitants. Kakata is a melting point between urban and rural Liberia; many of Kakata’s inhabitants either travel to Monrovia to bring goods to Kakata to sell, or travel to the rural areas, to bring produce back to Kakata to sell. The city is surrounded by small rubber plantations. The Firestone Rubber Plantation is nearby. The ethnic composition in Margibi is dominantly Bassa (48%), followed by Kpelle (44%). Roughly 90% of inhabitants are Christians while the remaining 10% are either Muslims or Animists.

In terms of livelihoods, agriculture and in particular subsistence farming is dominant in the rural areas. Small-scale farming is the most common form of livelihood found in the area. Food crops production is not as widespread as elsewhere in Liberia. Agricultural production is mainly focused on cassava, rice and corn. Commercial or cash crops include rubber, cocoa, coconuts, sugarcane and pineapple, plantains/bananas, palm and cola nuts. Livestock is usually goats and poultry. Agriculture is considered to be a major potential source of economic revitalization and poverty alleviation in the county. However, there are some constraints. Biggest issue is the lack of capital for purchasing the missing inputs necessary for increased production. Lack of access to credit

1 Grand Bassa County Development Agenda, 2008-2012

hampers farmers from increasing their potential.

Health services in the county are provided by two government hospitals, one in Kakata and another in Marshall city. These facilities, however, suffer from lack of equipment and are in need of renovation and reliable power supply. These problems are alleviated somewhat by the Firestone rubber plantation’s medical facilities which are open to the surrounding communities. Several smaller private owned clinics also exist in the county.

Access to public infrastructure such as water, energy and sanitation is not well developed in Margibi. Many public institutions rely on their own generators for electricity. Prior to the war, most parts of Margibi county had functioning water and sewage systems but these were destroyed or broken down.

Education facilities include upper secondary schools, high school, university college, teacher training institute, vocational/technical schools and among others. The Firestone school system caters to over 15,000 children within the rubber plantation concession area. However, despite these well-developed facilities, children in more remote areas of Margibi still lack access to schools because of bad road conditions, damaged facilities and lack of qualified teachers.

1.5.5 Bomi County Bomi County has a total population of 84,119 persons comprising 42,940 males and 41,179 females. The population density of Bomi is 113 persons per square mile which exceeds the national population density of Liberia. The County has a sex ratio of 104.3 and the average household size is 4.0. In other words, the average household size of Bomi County falls below the national household size of 5.1 Furthermore, of 20,508 households in Bomi County, 5,250 used streams for drinking and 7,946 used piped/outdoor pump water. As regards lighting, 4649 used candle, 5848 used kerosene, while 7945 used palm oil lamps and only 205 persons had access to electricity. In respect of cooking fuel, 16,060 used wood and 3,445 used charcoal while about 800 could afford electricity, gas and kerosene. (National Population and Housing Census, 2008).

The topography of the Bomi corridor is similar to that of the Paynesville-Kakata corridor, which is relatively flat within the coastal belt with many rolling hills beyond that belt. Most of the economic activities along the Monrovia-Tubmanburg and Monrovia-Bo Waterside Highway involve the cultivation of food and tree crops including vegetables, rice, cassava, citrus and rubber trees. A major Malaysian oil palm and rubber plantation, Sime Darby, is located along the Kle- Madina section of the Monrovia-Bo Waterside Highway. Many persons in this corridor earn their livelihood by producing and selling charcoal.

Bomi County’s capital is Tubmanburg. The town is populated predominantly by the Gola ethnic group, which hails from Bomi County. The town also has a significant Mandingo and Vai population but the four largest ethnic groups in the county are the Gola, Vai, Kpelle and Mandingo, although all sixteen of Liberia’s main ethnic groups are thought to be represented. The Golas are in the majority, followed closely by the Vai and the Kpelle, who are mainly settled in the boundary region between Bomi and Gbarpolu. The Mandingos are found in various clans. The religion of

Bomi County can be roughly sub-divided into two groups: Christians, estimated at 40% of the population, and Muslims, estimated at 60%.

In terms of livelihoods, before the civil war, Bomi was essentially an agricultural zone, with 70% of the population actively engaged in subsistence agriculture and related activities. It is estimated that rice, the staple food crop, was grown by 20% of households, while cassava and sweet potatoes/eddoes were produced by 60% and 3% respectively. About 3% of households produced corn, while 5% produced vegetables. Despite the county’s great potential for agricultural production, Bomi is said to have the highest vulnerability to food insecurity and chronic child malnutrition. Majority of the crops grown in the county include rubber, oil palm, plantains, vegetables, cassava etc.

Health care delivery service in Bomi County remains poor even after the Ebola outbreak, evidenced by no proper pharmacy and only seven medicine stores present to serve the entire county. However, one of the Ebola treatment centers was built in Tubmanburg, Bomi County. At present, there is no grid electricity power anywhere in Bomi County. The very few consumers with access to electricity are serviced by small private generators.

1.5.6 Grand Cape Mount County The total population of Grand Cape Mount County is 127,076 persons comprising 65,679 males and 62,133 females, while the population density of the county is 69 persons per square mile. Grand Cape Mount has an average household size of 5.2, slightly above the national household size of 5.1. The sex ratio of Grand Cape Mount County is 105.7. In 2008, of 23,950 households in Grand Cape Mount, 8,705 used streams for drinking and 6,051 used piped/outdoor pump water. As regards lighting, 3366 used candle, 11941 used kerosene, while 5482 used palm oil lamps and only 352 had access to electricity. In respect of cooking, 19,701 used wood and 2,749 used charcoal while 1,189 households could afford electricity, gas and kerosene (National Population and Housing Census, 2008).

Robertsport, located at 50km from Monrovia, is the capital of Grand Cape Mounty County, which has five districts in the northwestern part of Liberia. The inhabitants are mostly fishermen and rice farmers.

The five major ethnic groups in the County are the Vai, Gola, Mende, Mandingo and Kissi. Other minority ethnic groups include Bassa, Gbandi, Grebo, Kru, Lorma, Kpelle and Mano. The Vai vernacular is widely spoken, followed by the Gola, with percentage distributions of 60% and 23% respectively. Mende, Mandingo and Kissi languages are also spoken by sizeable minorities. The two main religions in the County are Islam and Christianity. It is estimated that 70% of the population in Cape Mount are Muslims, while 25% are Christians and a smaller minority are practitioners of traditional religions. The relationship between the two major religious communities is largely harmonious.

In terms of livelihoods, most of the rural households in the county are engaged in agricultural

activities at subsistence level. Farmers cultivate various crops including oil palm, rubber, cocoa and coffee and food crops such as rice, cassava, yam sand vegetables including pepper, bitter ball, okra, potato leaves, cabbages and others. However, agricultural production remains low due to limited access to extension services, traditional methods of farming, late supply of seeds, lack of capital and credit, lack of tools and other farm inputs.

Besides agriculture, fishing is another means of survival in the county. Yet, the fishing industry remains underdeveloped. Fishing provides employment to about 30 per cent of the population of Robertsport and its environs. Currently most fishing is carried out by the Fanti and Kru people who have trained many local youths. However, lack of cold storage facilities, coupled with a lack of capital continues to constrain growth in the sector. There is a need to organize fishing cooperatives and provide inputs to local fishermen to engage in commercial fishing as well as smoking and cooling.

Regarding basic services, there is only one hospital (the St. Timothy Government Hospital) located in Robertsport and some 32 functional health facilities-30 clinics, one health center and one health post. This situation and information may have changed because of the Ebola outbreak. About 80% of the population in the county lacks access to clean water facility. The poor water and sanitation problem have contributed immensely to the poor health of the inhabitants. There are about 124 functional educational facilities in Grand Cape Mount County. Of this number, 107 are elementary schools, 14 are junior highs, three are senior high schools, and a technical school based in Sinje and run by the University of Liberia.

2 PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT

2.1 Principles

The Bank believes that involuntary land acquisition, restrictions on land use and involuntary resettlement caused by infrastructure projects, if unmitigated, could give rise to severe economic, social, and environmental risks and impacts such as adverse impacts on production systems, loss of productive assets or income sources, access to land, the performance of community institutions and social networks, kin groups ability to live and work together, and cultural identity and traditional authority. In anticipation of these social risks and impacts, ESS5 provides risk mitigation measures to address and mitigate these impoverishment risks and impacts.

Implementation of projects in the energy sector may potentially result in utilization of land and loss of access and property which might cause involuntary resettlement. In the context of LESSA, the project activity/activities cause land utilization or acquisition, whereby a physical piece of land is needed and people may be affected because they are residing on said land, cultivating the land, or using the land for water and grazing of animals, or they may otherwise access the land economically which may no longer be possible during and after the projects are implemented will be subject to application of ESS5. Therefore, people are in most cases compensated for their loss (of land, property, or access) either in kind or in cash, of which the former is preferred to enhance sustainability. The LEC or RREA, depending on which component of the project is being implemented, will ensure that communities affected by the implementation of a LESSAP’s activities are fully compensated and/or resettled before the commencement of the projects’ civil works as required by ESS5.

2.2 Objectives

The objectives of this Resettlement Policy Framework (RPF) as mandated by ESS5 are as follows:

• To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected.

2.3 Scope of ESS5 Application

While this RPF guides the preparation and approval of RAPs, the applicability of ESS5 shall be established during the environmental and social assessment under the umbrella of ESS1. The screening processes that will lead to determination of the applicability of ESS5 are discussed in Chapter 3 of this RPF. ESS5 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation:

• Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law. • Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures. • Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project. • Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project-specific cut-off date. • Displacement of people as a result of project impacts that render their land unusable or inaccessible. • Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas. • Land rights or claims to land, or resources relinquished by individuals or communities without full payment of compensation; and • Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project.

ESS5 applies to all components of the LESSAP that result in involuntary resettlement, land acquisition and land access restriction, regardless of the source of financing. It also applies to other activities resulting in involuntary land acquisition and land access restriction, that in the judgment of the Bank, are a) directly and significantly related to the Bank-assisted project, b) necessary to achieve its objectives as set forth in the project documents, and c) carried out, or planned to be carried out, contemporaneously with the project.

3. PROCESS FOR PREPARING RESETTLEMENT PLANS

3.1 Screening, Preparing and Approving Resettlement Plans

The project will put in place a systematic process and procedures to guide the preparation and implementation of the Resettlement Action Plans when required as follows.

Sub-project Social Impact Assessment Social impact assessment will be undertaken before subproject approval to determine the magnitude of likely environmental and social impacts including involuntary land acquisition, relocation or loss of shelter, loss of assets or access to assets, or loss of income sources and means of livelihood that will result from the sub-project activity.

Site specific social risk screening or a census will be conducted, and the exercise shall identify potential social and economic impacts of subproject activities on PAPs. The exercise will be conducted by the social safeguard's specialist/ social development officer in consultation with district authorities, and household heads as discussed in detail under the institutional and implementation arrangements Chapter 8, working in conjunction with the affected communities.

Once proposed subprojects’ specific locations are known in each of the targeted counties, impact screening exercises will be carried out by the project implementation unit (PIU) in consultation with the Bank. The first step will be to determine the potential subproject footprint and area of influence, including, particularly the ROW for electricity distribution lines.

Determining ESS5 Applicability Once all components of the subproject have been identified and the decision is made on the determination of associate facilities, if any, the second step is to undertake a census and inventory of assets in the full area of influence of the subcomponent to determine whether ESS5 applies to the proposed subprojects activities (including any associated facilities, if any) to be implemented by the project. The screening exercises for each subproject including any associated facility activity(ies) should provide answers to the following questions: a) How much land area is required for the subproject including its activities and its associated facilities, if any? If the subproject does not need any land, ESS5 is not or will not be applicable. b) Are inhabited dwellings involved? Wherever inhabited dwellings may potentially be affected by a sub-project, a documented effort will be made to relocate the activity to avoid any impact on such dwellings and to avoid displacement/relocation accordingly. However, if such impacts prove unavoidable, the project will prepare the required RAPs. c) Who owns the land? If part of the land has private owners and the LESSAP intends to acquire the land using eminent domain, ESS5 is applied. If, however, all privately owned land is going to be sold voluntarily in the open market and the government is not going to use its right of eminent domain, and if the potential PAPs have the option to refuse land acquisition or purchase, ESS5 is not applied. d) If the LESSAP requires publicly owned land, is this land subject to customary claim, squatters, or encroachers? If all the land required for the project is state owned and is not subject to competing customary claims, grazing rights, or squatters or encroachers, ESS5 is not applied. However, if the land is state-owned but is subject to competing claims, ESS5 19

is applied. e) How is the land, including publicly owned land, currently used? This question helps to determine the scope of resettlement and livelihood issues in the case of private land, and to identify possible temporary or seasonal use of state-owned land, even though the land may appear to be empty. f) What is the rough estimate of resettlement impacts to result from land acquisition? This question helps the LESSAP to assess the scale of resettlement and/or economic displacement and determine the proportionality and appropriateness of the resettlement instrument to use. g) Will the LESSAP be able to identify, before subproject approval, all the land required for? This question helps determine the proportionality and timing of resettlement instrument required for the sub-project. If all the land parcels required for the subproject cannot be identified before subproject approval, specific provisions will need to be included in the RAP prepared for the sub-component to ensure that any additional land is acquired and economic displacement compensated in accordance with ESS5, this RPF and specific provisions of the subcomponent RAP, that stakeholders are aware of the issues and that any additional land acquisition is minimized and well supervised. h) If activities of the LESSAP are in a legally designated park or protected area, will the access of the people living inside or around the park be restricted? If yes, ESS5 becomes relevant and a process framework is required, leading to agreed mitigation measures before the restrictions can be imposed.

The screening process for resettlement/livelihoods impact will be coordinated with the overall subproject screening.

3.2 Identification Stage

During the identification stage of the projects, the implementing agencies (LEC and RREA) will determine whether the proposed projects will entail utilization or acquisition of land, required area and availability. The LEC/RREA may then propose a project location and available alternatives to the WB. The proposal will also state whether a RAP needs to be prepared. Based on the proposals, the project may be approved or rejected.

If required, a Resettlement Action Plan (RAP) shall be prepared by the project team, to be composed of the implementing agency (LEC/RREA), social safeguard specialist/officer, technical RAP experts, government representatives, and including consultations with affected persons and other stakeholders. The resettlement action plan will entail site specific socioeconomic assessments to determine the impact of displacement and shall provide valuation report of potential assets to be affected. The purpose of the socioeconomic study is to collect baseline data within the project impact locations, s.

The Resettlement Action Plan (RAP) will be proportional to the project impact. A standard RAP with significant social and economic impacts will cover the following: • Description of the project • Project objectives • Potential impacts • Relevant findings of the socioeconomic study

• Legal framework • Institutional framework • Eligibility for compensation and cut-off date • Valuation of and compensation of losses • Resettlement measures • Site selection, site preparation and relocation • Community participation • Integration with host populations • Grievance procedures • Organizational responsibilities • Implementation schedule • Costs and budget • Monitoring and evaluation

The project team (PCMU/PIU) comprised of the implementing agencies (LEC and RREA), relevant ministries and agencies of Government, county/district officials, NGO representative(s), social safeguard specialist/officer and technical RAP/ESIA consultant(s) as appropriate, shall screen and appraise the RAP prior to it being submitted to the WB for approval and being disclosed both in-country and on the ImageBank of the WB.

3.3 RAP Preparation

A RAP may be required if subproject activities require changes in existing land use whether temporarily or permanently. The scope of the RAP will be determined by the magnitude of each subproject’s impacts and the complexity of mitigation measures. The scale of affected properties and the social and economic impacts on the affected persons of subproject(s) activities will determine the scope and complexity of resettlement and livelihood mitigation measures.

To address the issues identified in the property and PAPs census, the LEC or RREA will prepare a RAP proportionate to the risks and impacts associated with the project/subproject:

(a) For projects with minor land acquisition or restrictions on land use, as a result of which there will be no significant impact on incomes or livelihoods, the plan will establish eligibility criteria for affected persons, set out procedures and standards for compensation, and incorporate arrangements for consultations, monitoring and addressing grievances. (b) For projects causing physical displacement, the plan will set out the additional measures relevant to relocation of affected persons. (c) For projects involving economic displacement with significant impacts on livelihoods or income generation, the plan will set out the additional measures relating to livelihood improvement or restoration; and (d) For projects that may impose changes in land use that restrict access to resources in legally designated parks or protected areas or other common property resources on which local people may depend for livelihood purposes, the plan will establish a participatory process for determining appropriate restrictions on use and set out the mitigation measures to address adverse impacts on livelihoods that may result from such restrictions. The resettlement impacts will be identified applying the information on sub-project respective land

requirement including, for example, for the construction of the electricity distribution network and containerized district offices in project affected communities. Based on these and other technical requirements, the preparation of RAP/ARAP will take the following steps:

i. Determine whether subproject activities including any associated facilities are eligible. ii. Determine whether subproject activities entail involuntary land acquisition or restriction or land use change that cannot be avoided or minimized. iii. Take steps to prepare the RAP/ARAP—If ESS5 applies to the subproject, the project team (PIU/PCMU) must complete following tasks: a. Conduct a census and socioeconomic surveys to identify subprojects’ impacts and the people that will be affected. b. Finalize the resettlement entitlements for each category of impact. c. Select adequate resettlement sites and income-improvement activities (if relocation is necessary or required). d. Establish institutional mechanisms for delivering entitlements and for undertaking another resettlement and livelihood restoration activities. e. Prepare budgets and plans to ensure the timely flow of funds for resettlement and livelihood restoration implementation. f. Coordinate implementation arrangements among relevant agencies involved in the implementation of RAP/ARAP. g. Establish mechanisms for continued participation of PAPs in resettlement and livelihood restoration, as well as for redressing of their grievances; and h. Decide for internal and independent monitoring of resettlement activities proportional to the risks and complexity of mitigation measures. iv. Coordinates the activities of agencies contributing to RAP/ARAP. v. Review and clear the resettlement planning documents— the LEC, RREA or its consultants, collaborate in preparing the resettlement documentation and arranging for their review and clearance. vi. Arrange for monitoring and supervision during implementation—Plans for World Bank implementation support, project monitoring, and independent resettlement monitoring should specify arrangements for responding to obstacles or opportunities arising during implementation.

3.4 RAP Approval/Clearance/Disclosure

Once the magnitude of impacts of subprojects activities are determined, the proportionality of impacts mitigation measures is agreed upon and the required planning instruments are prepared, the following approval and clearance steps/procedures should be followed by the LESSAP:

i. For project activities (including any associated facilities, if any) a subproject- or component-specific RAP needs to be submitted to the Bank for approval as a condition of its financing of the respective subproject or component. The RAP must contain or cover all minimum elements of RAP stated in Annex I of ESS5. ii. For each subproject, evidence of satisfactory RAP implementation including payment/delivery of all compensations must be provided to the Bank before the site can be cleared and construction can start. iii. If subproject activities impose restrictions of access to legally designated parks or protected

areas, the project team (PCMU/PIU) needs to submit a Process Framework (PF) as a condition for subproject approval. The PF must contain or cover all minimum elements of PF stated in Annex I of ESS5. iv. If sub-project activities (including any associated facilities, if any) impose restrictions of access to legally designated parks or protected areas, the specific plans of action describing the mitigation measures agreed to by the affected communities need to be submitted by the project team (PCMU/PIU) of LEC or RREA, depending on which component of the project is being implemented, for World Bank approval before the restrictions can be imposed. v. The RAP shall be cleared by the EPA and approved by the World Bank, prior to disclosure and finalization.

3.5 Disclosure

This RPF and subsequent RAP(s)/PFs/IPPFs will be submitted to the World Bank for approval. Once approved by the Bank, the Project Team (PCMU/PIU) will subsequently disclose the RAP(s) in the project area. A printed version of these safeguards’ instruments will be available to the public at EPA, MME, LEC, and RREA headquarters offices and in subproject areas. Upon disclosure in the subproject area, these instruments will also be disclosed on the World Bank’s website. Electronic copies of this RPF and RAP shall be posted on EPA, MME, LEC, and RREA websites.

The project team (PCMU/PIU) is responsible for ensuring the quality, consistency, clearance, and for in country disclosure, of this RPF and all subproject RAP(s)/ARAPs in accordance with the ESS5 requirements. For any changes made to the approved RPF, and each RAP/ARAP, the same clearance and disclosure protocols will be followed.

4 LEGAL AND INSTITUTIONAL BACKGROUND 4.1 Overview

The Liberian Constitution and several statutes have been enacted to govern the rights of individuals to land and property. The Constitution provides that an individual or group title to land can be expropriated for national or security purposes. However, there is no statute that clearly defines how said individual or group can be compensated or resettled. Further, most of the statutes concerning the subject matter were enacted many years ago and some issues therein do not meet present day circumstances.

Land Acquisition process The Liberian Government uses four ways to acquire land: i) Mutual agreement: This is where two or more parties having claim to a land mutually agree for it to be used for a particular purpose. ii) Eminent Domain: This occurs when the government makes a decision to forcibly take private land for development purpose in the sole interest of the state and provide just compensation to the landowner. iii) Donation: As the name denotes, this is when private land is voluntarily given to government or an individual for use without money changing hands. iv) Reversion: When land is bought incorrectly, and the aggrieved party goes to court and gets power to get back such land. The following Liberian Laws and land acquisition procedures comprise the legal framework:

4.2 The Land Tenure Legislation of Liberia

Applicable Liberian laws with relevance to Land Tenure ownership, compensation and resettlement are the following: • The Land Act of 1905 • The Land Acquisition Act of 1929 • The Revised Laws and Administrative Regulations for Governing the Hinterland of 1949 • The County Act of 1969 • The Constitution of the Republic of Liberia, 1986 • Liberian Freedom of Information Act of 2010 • The Environmental and Social Impact Assessment Procedural Guidelines (2017) • Land Rights Act of 2018

Land Act of 1905 Before independence, land acquisition and distribution in Liberia was done on the basis of relationships and the class system. This system of land tenure was seriously opposed and it led to the establishment of a set of rules known as the ‘Digest of Law to govern the affairs of the settlers in terms of land distribution.’ This subsequently culminated in the Land Distribution Act of 1856, which removed the restriction to land distribution on the basis of citizenship. Later, this Act was repealed by the 1905 Land Act to provide for the expansion of the country from a few miles along the coast into the interior and ownership of the vast amount of new land and people.

Land Acquisition Act of 1929 The Act outlines procedures for obtaining rights to any piece of land in Liberia through purchase. It defines two categories of land in Liberia: the hinterland and the county area. The procedure for obtaining land located in the hinterlands is as follows:

▪ Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government. ▪ Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen. ▪ A paramount or clan chief signs a certificate which purchaser forwards to the office of the District Commissioner (who also acts as the Land Commissioner for the area). ▪ The District Commissioner, after ascertaining that the land is not encumbered in anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant. The procedure for obtaining land at the county level is as follows: ▪ Application to the Land Commissioner in the county in which the land is located. ▪ The applicant obtains a certificate from the Land Commissioner, if he is satisfied that the land is unencumbered. After the purchaser completes the above steps, he pays to the Bureau of Revenues the official value of land which is not less than fifty cents per acre. Thereafter, the purchaser shall obtain and submit a receipt to the President for an order to have the land surveyed. A deed will then be prepared by the Land Commissioner, authenticated, and given to the purchaser.

Revised Laws and Administrative Regulations for Governing the Hinterland (1949) Article 66 of the RLARGH states that “title to the territory of the Republic of Liberia is vested in the sovereign state.” This grants the tribe right and title to an adequate area for farming and other enterprises essential to the necessities of the tribe, whether or not they have procured deeds from Government. The article further states that when the tribe should advance, they should petition the Government for the division of the land into family holdings and the Government should grant deeds to each family in fee simple.

Article 67 of the RLARGH states, among other things, that individuals that are not members of a tribe may enter a tribal land for the purpose of using said land. However, said persons should obtain permission from the Tribal Authority prior to commencing his/her activities and agree to pay some token rent.

The Liberian Constitution (1986) Article 22 (a) of the Constitution vests in all individuals the right to own property either on individual basis or in conjunction with other individuals, if they are Liberian citizens. However, Article 22 (b) gives the right to noncitizen missionary, educational or other benevolent institutions to own property as long as the property is used for the purposes for which it was acquired. The right to own property however does not extend to mineral resources on, or beneath the land.

Article 24 of the Constitution of the Republic of Liberia states that “while the inviolability of private property shall be guaranteed by the Republic, expropriation may be authorized for the security of the nation in the event of armed conflict or where the public health and safety are

endangered for any other purposes, provided reasons for such expropriation are given and there is prompt payment of just compensation. It states that such expropriation or compensation may be challenged freely in a court of law, and that when property taken for public use when ceased to be so used, the Republic should accord the former owner or those entitled to the property through such owner the right of first refusal to reacquire the property. For the expropriation to be successful the following issues need to be addressed:

• That such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and • That when property taken for public use ceases to be used for the intended purpose, the GOL shall accord the former owner the right of first refusal to reacquire the property.

Liberian Freedom of Information Act of 2010 The Freedom of Information Act Section 1.4 (b, c and d) states as follows: b) Everyone has a right of access to information generated, received and/or held by public bodies, subject only to such limitations as are necessary and narrowly established for reasons of an equally or more compelling public interest; c) the right of access to information includes both (1) a right to request and receive information, and (2) and obligation on the part of public bodies and officials to disseminate essential information that the public would generally want to know, including their core functions and key activities; d) the right of access to information applies to private entities that receive public resources and benefits, engage in public functions, and/or provide public services, particularly in respect of information relating to the public resources, benefits, functions or services.

The Environmental and Social Impact Assessment (ESIA) Procedural Guidelines (2017) Section 3.2.10 discuss the Resettlement Action Plan (RAP) procedure and provide a detail outline for undertaking a RAP study. It defines a RAP as a document specifying procedures that responsible agency will follow and the actions it will take to properly resettle and/or compensate and provide development benefits to persons and communities affected.

Land Rights Act (2018) The Land Rights Act of 2018, among other things, defines land ownership and other rights, eligibility to own land or rights in land, the nature of land ownership, and the different types of customary lands in Liberia. It defines four categories of land ownership in Liberia including Public Land, Government Land, Customary Land and Private Land. It also prescribes the means by which each of the categories of land may be acquired, used, transferred and otherwise managed.

According to the Act, private land may be acquired through purchase, donation, intestacy, gift, will or adverse possession provided that in all cases a valid acquisition of a private land may be only by persons qualified to hold private land in keeping with Article 15 of this Act. Article 15 states that “Private Land may be acquired, held or owned by a) Natural persons who are citizens of Liberia; b) Sole proprietorships and partnerships owned entirely by Liberian citizens; c) corporations owned entirely by Liberian Citizens; and d) missionary, educational or other benevolent institutions.”

The acquisition of Private Land by purchase may be done through privately negotiated sale or at

public sale done by auction. However, the Act provides that a purchase from a private landowner shall not be valid and enforceable, unless: a) the Deed was executed by the legitimate owner (s); b) notice of the sale was published in a local newspaper and posted in conspicuous places in the community where the Land is located; c) the buyer obtains and retains documentary confirmation of the seller’s ownership of the subject land; d) the Seller produces, and the Buyer obtains and retains, documentary confirmation of the seller's payment of all taxes due on the land or the seller and buyer agree in writing that the buyer shall be responsible for the payment of all taxes due as of the date of the sale; and e) the transfer deed from the Seller to the buyer is duly probated and registered in keeping with law.

The Act also provides that a defined portion of a Customary land as a residential area may be acquired by a community member as private land, provided that no community member is deprived of a residential area.

Zoning Law The Zoning Law prescribes designated sites for construction of specific structure. Construction of unauthorized structures is violation under this statute. Section 102 of the Law requires that Zoning Permit be obtained prior to construction of any structure. However, section 72 of the same statute also provide that a Temporary Permit could be obtained from the Zoning Council for a period not more than one year, to construct a non-conforming structure.

4.4 World Bank ESS5

The World Bank ESS5 is applicable to all subprojects with direct resettlement impacts. Highlights of the document on resettlement are as follows: • All viable project designs shall be explored to avoid or minimize the need for resettlement and when it cannot be avoided, to minimize the scale and impacts of resettlement. • Resettlement measures should be taken so as to provide sufficient resources to give the person displaced the chance to improve former production levels, income earning capacity, and living standards or at least restore them to levels they would have been without the projects. • Displaced persons will be: o Compensated at full replacement cost prior to the actual move o Assisted with relocation o Assisted and supported during the transition period. • Adequate attention will be given to vulnerable groups. • PAPs and Communities in different levels will be given opportunities to participate in planning, implementing and monitoring their resettlement. • Resettlement will be linked to the main project implementation schedule, so that PAPs should be resettled and or compensated before being affected by the construction or sector activities. • There should be adequate measures of monitoring and evaluating replacement land; and • Compensation for land/assets will be encouraged and cash compensation may be

appropriate when resident land holdings are economically viable.

Where there is conflict between World Bank ESS5 and the Liberian legislation, the provision that provides higher or better benefits or protection to PAPs shall prevail.

Table 1: Comparison between Liberian Regulations and World Bank Policy on Involuntary Resettlement

Theme Liberian Legislation World Bank Policy Measures to Bridge the Policy Gaps Resettlement There is no Liberian law The preparation of a RAPs will be prepared. mandating project proponent resettlement plan cleared by to develop a resettlement the Bank prior to the In the absence of Liberian action plan. implementation of the Laws to address involuntary resettlement activities is resettlement, the Bank’s policy required. shall prevail. Affected people should be offered various options for resettlements (not only one option) at least equivalent to the old property or site. Land Liberian law has a provision ESS5 provides guidelines on While the Liberian laws acquisition on how private land is how to acquire land for public provide adequate basis for procedure acquired for public interests interest project private land acquisition, the which include providing: Bank’s guidelines will be “private property owners with used to supplement the reasons for expropriation” existing national procedure. Categories of There is no distinction There are three categories of Project should be designed to affected between affected individuals. affected people: (i) those who distinguish between classes of individuals Landowners, land tenants, land have formal legal rights; (ii) affected individuals, and this users, owners of buildings, and those who do not have formal should be taken into owners of perennial crops are legal rights to land at the time consideration in awarding all lumped together and treated the census begins but have a compensation. likewise. There are no separate claim to such land or assets; provisions for especially and (iii) those who have no vulnerable classes of people. recognizable legal right or claim to the land they are occupying. Vulnerable No provision in Liberian Laws Particular attention to be paid The LEC/RREA shall pay groups to vulnerable groups, special attention to vulnerable especially those below the people in impact corridors. poverty line, the landless, the elderly, women and children, indigenous peoples, and ethnic minorities. Squatters In Liberia law “Squatter Under ESS5, squatters are to Squatters will be provided Right” does not cover Title. be provided resettlement resettlement assistance but Squatter’s Right is only assistance (but no not compensated for land. intended as a temporary compensation for land). arrangement for In the absence of provision accommodation and a Title. for squatters in the Liberian Laws, the Bank’s policy on involuntary resettlement shall prevail. The issue of squatters

has to be clearly considered in any resettlement action and shall be offered options whether through alternative shelters or fair compensation that enables them to find other shelter. Compensation Affected persons are to be Affected persons should be: Since common good is subject and informed before repossession • Informed in a timely manner to different interpretations, it Participation of land. However, there is no on their options and right is important that land provision on the notice period, pertaining to resettlement; acquisition consultations are neither is there a distinction • Offered choices among, and done under Bank financed between farmed land, and provided with technically and projects observe the principles developed land. economically feasible of prior, informed and free resettlement alternatives; and consent. Affected groups Chapter 3 Article 17 of the • Provided with timely and should get access to full Liberian Constitution (1986) relevant information to host information about the provides the right to assemble communities receiving re- resettlement process and and consult upon the common settlers. options for compensation. good… Participatory planning and decision making should be Section 1.4 (b, c, and d) of the applied in resettlement options Freedom of Information Act of and compensation. Liberia states the principles which shall govern the construction, exercise, and protection of the right of access to information.

Calculation of Article 24 (a) 1 Provision is Full replacement cost: a Full replacement cost will be compensation made for prompt payment of method used to determine the used. just compensation. However, amount sufficient to replace the provision is not very lost assets and cover clear. transaction cost. Timing of Prompt payment of just Prompt compensation payment follow ESS5 to pay compensation compensation prior to commencing compensation prior to payment construction or before acquiring commencing construction or land and assets before acquiring the land and assets. Grievances Chapter 3 Article 17 of the Appropriate and accessible Grievance Redress Constitution of Liberia grievance mechanisms to be Mechanisms (GRMs) shall be provides venue for established. established at project, local grievances. community, county and national levels. Monitoring External evaluation is not Internal monitoring and Involve third party and required. external evaluation are assessment of compensation Evaluation required. and resettlement.

Comparison of the Liberian legal framework/regulation with the World Bank’s Land Acquisition, Restriction on Land Use and Involuntary Resettlement policy revealed that there are compensation and resettlement assistances policy gaps between the two. Where there are gaps between the Liberian regulation and the World Bank’s Policy on Land Acquisition, Restriction s on Land Use and Involuntary Resettlement, the gaps filling measures provided under table1 shall be applied when paying compensations and resettlement assistances to PAPs. While implementing this RAP, the LEC and the RREA will be required to fully comply and implement each gap filling measure 29

stated in table 1 where applicable.

4.5 Institutional Framework for Land Acquisition and Resettlement

The following institutions have statutory roles in the implementation of this RPF and subsequent RAPs.

Ministry of Finance and Development Planning The Ministry of Finance and Development Planning is responsible for inter-sectoral coordination of the development of policies, plans and programs for the economic, financial, social, cultural and physical development of Liberia. It is the statutory institution responsible for developing and enforcing the fiscal policy of Liberia. In fulfilling its various duties, it serves as the direct coordination link between implementing Ministries and Agencies, NGOs, private voluntary organizations, civil society organizations and the international community. Coordination occurs at the national, sectoral and regional planning levels and also involves the implementation of cross- cutting initiatives. The Ministry of Finance and Development Planning is the Borrower and will be responsible on behalf of the Government of Liberia to raise and provide the funding needed to successfully implement the Resettlement Action Plans (RAPs) for LESSAP.

Environmental Protection Agency (EPA) The EPA is responsible for monitoring, coordinating, and supervising the sustainable management of Liberia’s environment. It is mandated to ensure the conduct of Environmental and Social Impact Assessments (ESIAs) and Resettlement Action Plans (RAPs) for projects and programs that are likely to have significant adverse effects on the environment. The EPA will be responsible to approve Resettlement Action Plans (RAP) studies of LESSAP and monitor its implementation and evaluation.

The EPA has an Inter-Governmental Steering Committee whose responsibility is to review, approves and clear the RAP. The Committee comprises of: Environmental Protection Agency (EPA), Ministry of Mines and Energy (MME), Ministry of Finance and Development Planning (MoFDP), Ministry of Agriculture (MoA), Liberia Land Authority (LLA), Ministry of Health (MOH), and each Institution provides its expertise based on applicable Liberian Laws and international best practices.

Liberia Electricity Corporation (LEC) The Liberia Electricity Corporation (LEC) was created in 1973 as a public utility corporation to generate, transmit, distribute, and sell reliable and affordable electricity throughout the country. The LEC will be responsible for preparing and implementing Resettlement Action Plans (RAPs) under Component 1 (Distribution Network Reinforcement, Densification and Access Expansion) of LESSAP, which Component seeks to: upgrade and expand the medium and low voltage lines and inject distribution transformers to reduce technical losses and improve supply quality; and connect all potential customers in the catchment communities to resolve the huge service connection demands to minimize the appetite for illegal connections, among other things.

Rural and Renewable Energy Agency (RREA) The Rural and Renewable Energy Agency (RREA) is an autonomous Agency established by an

Act in 2015 with a mandate of facilitating and accelerating the economic transformation of rural Liberia by promoting the commercial development and supply of modern renewable energy product and services to rural areas with emphasis on locally available renewable energy sources. The RREA will be responsible for preparing and implementing Resettlement Action Plans (RAPs) under Component 2 (Off Grid Solar (OGS) Electrification) of LESSAP which seeks to focus on urgent provision of OGS services to health facilities to improve their resilience against epidemics like Ebola and COVID 19; supply and install battery/inverter and or Solar PV with battery storage system which may be a hybrid arrangement with backup generator; and support some pilot solar powered mini grid for some communities in the catchment area of the selected heath facilities, among other things.

Liberia Land Authority (LLA) The Liberia Land Authority was established by an Act of the Legislature on October 6, 2016 as an autonomous government body comprising seven commissioners, each from a different county, appointed by the President and confirmed by the Senate. It has a lifespan of 5 years and a Technical and Administrative Secretariat. The goal of the LLA is to develop comprehensive national land tenure and land use system that will provide equitable access to land and security of tenure so as to facilitate inclusive, sustained growth and development, ensure peace and security, and provide sustainable management of the environment.

The LLA proposes, advocates and coordinates reforms of land policy, laws and programs in Liberia. It does not have an adjudicatory or implementation role. Its primary objectives are to promote: • equitable and productive access to the nation's land, including public, private, government and customary lands; • security of tenure in land and the rule of law with respect to landholding and dealings in land; • effective land administration and management; and, • investment in and development of the nation's land resources.

The functions of the LLA are: • To undertake fact-finding studies and public consultations on land; • To recommend actions, programs, and reforms of land policy and law; • To call together Government Ministries, Agencies and other entities to consider complex issues relating to land, including the creation of task forces; • To propose to the President actions to deal with urgent problems; and, • To propose legislation and to supervise its drafting, including amendments to the Constitution of the Republic of Liberia.

The LLA will monitor the implementation of the RAPs of LESSAP in accordance with its statutory mandate and function relative to land management and governance.

Ministry of Agriculture The Ministry of Agriculture regulates the forestry as relate to plant quarantine, agro-forestry and food crop related plantations. It also plans, executes, administers, manages and supervises agriculture programs and provides extension services, trains local farmers in improved cultural practices, and supplies farm inputs to enhance food security. The Ministry of Agriculture has 31

developed a price listing for tree crops affected by development projects in Liberia, and will be responsible to monitor the implementation of the RAPs in accordance with its statutory functions.

Ministry of Public Works (MPW) This ministry has the statutory responsibility to design, construct and maintain roads, highways, bridges, storm sewers, public buildings and other civil works. Additionally, it is also responsible for carrying out urban and town planning, as well as providing architectural and engineering supervision of infrastructure required for waste management. The Ministry has an Infrastructure Implementation Unit (IIU) charged with the implementation of Urban Works Project on behalf of the Ministry. This Ministry is and will be responsible for implementing the Zoning Law of Liberia and the establishment of the Right of Way (ROW) on all roads.

5 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS

5.1 Overview

LESSAP impacts will vary in nature and degree depending on the scope and complexities of subprojects activities and the social, economic, administrative and environmental context of the project site. For example, if the project area is in an urban area that has already established a land use plan, the resulting impacts of the projects will be minimal as the area for the project will be already well determined in the plan and set aside. On the other hand, if the project area is in an area which does not have a land use plan, the projects may potentially cause both positive and negative impacts.

5.2 Project Impacts on Assets and Livelihoods

Assets to be likely impacted by project activities positively or negatively may include human settlements (houses), infrastructure (i.e., pathways, roads, water supply networks, etc.) land, and natural resources (vegetation cover, wildlife, soils, etc.). Livelihoods to be impacted would mainly include crop production areas, livestock grazing areas, settlement areas, firewood collecting areas, etc. In summary, the general impacts on assets and livelihoods that will result from the projects activities are as follows.

Positive Impacts (i) Increased/improved welfare of the communities The welfare of the communities involved in the projects will be improved due to the availability of electricity. This will trigger many other indirect development and economic activities such as improved quality of education and health services.

(ii) Improve income The availability of electricity will enable the beneficiaries to engage in income generating activities which were not possible or were limited before the availability of electricity. The increased income will improve the standard of living of beneficiaries.

Negative Impacts (i) Loss of natural resources As the result of some of the subprojects to be undertaken in rural or suburban areas under the LESSAP, particularly for new construction, vegetation may need to be cleared. However, such actions shall be taken with utmost caution to ensure that as little vegetation cover as possible is removed. In addition, after completion of the projects that have necessitated the removal, environmental scenery rehabilitation will be undertaken. The loss of vegetation cover will have appreciable negative impacts on the communities which initially depended on it.

(ii) Loss of traditional land uses Some subprojects may cause losses of traditional land uses especially in areas which do not yet have land use plans. Notable losses include loss of cultivation land, firewood collecting areas, livestock grazing areas, etc. Normally, when the intended use is not yet in place, the area will always be put to some habitual land use even if not a formal use. Therefore, whatever the situation,

the loss of habitual land uses will usually occur.

5.3 Specific Impacts on Assets and Livelihoods

Specific impacts on assets and livelihoods which will potentially result from the implementation of the project include:

• Loss of cultivation land • Loss of traditional land uses • Loss of structures

The notable negative impacts might be mitigated by ensuring that prior to the implementation of the projects; the communities prepare appropriate land use plans, which among other things will aim at setting aside areas for the intended projects based on location of natural renewable energy resources such as rivers, etc. The land use plans shall be prepared, implemented, and revised by the stakeholders themselves (relevant Government Institutions comprising of Ministry of Public Work, Ministry of Agriculture, maybe EPA, Ministry of Internal Affairs, PAPs, Liberia Land Authority, and civic society(s).

5.4 Land Tenure Systems

Customary Tenure Customary tenure involves the use of land which the government has granted to people in the hinterland through customary rights. The process begins with the Town Chief, then the Clan or Paramount Chief and finally the District Commissioner who prepares Customary Land Grant Certificates which are subsequently legalized by the President of Liberia.

Freehold Tenure This involves holding land in perpetuity or for a term fixed by a condition and enables the holder to exercise, subject to the law, full powers of ownership.

Leasehold Tenure This tenure is created either by contract or by operation of the law. Under the tenure, the landlord or lessor grants the tenant or lessee exclusive possession of the land, usually for a specific period in return for a rent, granting the tenant security of tenure and a proprietary interest in the land.

Lessee – A person who hires, charters or rents a structure, land or a place. Tenant – A person who occupies or inhabits a structure, land or a place.

6 ELIGIBILITY CRITERIA FOR ENTITLEMENT

6.1 Identification of Affected Groups/Individuals

Project Affected Persons (PAPs) and groups are those who will lose income or assets. Lost assets may include land, houses, other structures, and crops. These may impact individuals, households, and vulnerable persons/groups. Special attention will be paid to these groups by identifying their needs from the socioeconomic impact assessment study so that:

• they are individually consulted and given the opportunity to participate in the project and benefit from the project • their resettlement and compensation are designed to maintain their pre-project livelihood or improve it • special attention is paid to monitoring to ensure that the pre-project livelihoods are indeed maintained or improved • they are given adequate assistance • decisions concerning them are made within a reasonable timeframe and in consultation with affected persons.

6.2 Eligibility Criteria of Affected Groups/Individuals

According to World Bank ESS5, eligible individuals are those who are directly affected socially and economically by Land Acquisition, Restrictions of Access to Land Uses and Involuntary Resettlement for advancing LESSAP’s subproject(s) activities including:

a. the involuntary taking of land resulting in (i) relocation or loss of shelter and, (ii) loss of assets or access to assets. b. loss of income sources or means of livelihood, whether or not the affected persons must move to another location; and c. the involuntary restriction of access to legally designated parks and protected areas resulting in impacts on livelihood earnings or livelihood resources. All adversely impacted people are eligible for compensation and resettlement assistances.

The following are categories of affected groups and individuals:

i. Those who have formal legal rights (including customary and traditional rights recognized under the laws of the Republic of Liberia). 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. iii. those who have no recognizable legal right or claim to the land they are occupying.

Those covered under (i) and (ii) will be provided compensation for the land they lose, and other assistance in accordance with the ESS5 provision. Persons covered under (iii) will be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as

necessary, to achieve the objectives set out in this ESS5, if they occupy the project area prior to a cut- off date established by the implementers in close consultation with the potential Project Affected Persons (PAPs) and local officials. All persons included in the categories above are to be provided with compensation for loss of assets other than land. All project affected persons irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the cut-off date.

6.3 Assistance to vulnerable people During the implementation of the compensation phase of any resettlement program, vulnerable people should be afforded particular attention to ensure their rights are upheld. Vulnerable people include orphans, people with disabilities, elderly persons, HIV/AIDS affected/or infected, widows, widowers, and people suffering from serious illnesses.

Measures for vulnerable people (i) Assistance to vulnerable people includes the following steps/obligation: • Identification of persons and cause of vulnerability through interviews with such persons and community dwellers. • Identification of required assistance at the various stages of the process, negotiation, compensation, moving, etc. • Monitoring and continuation of assistance after moving, if required.

(ii) Assistance shall take the following forms depending upon the needs of the vulnerable persons: • Assistance in effecting compensation. • Assistance in moving, providing vehicles, and facilitation at the moving stage. • Assistance in building, providing materials, workforce or building houses, should the situation require. • Health care, if required during the moving process.

This Potential Categories of Affected Assets and Compensation Methods matrix below defines the criteria for qualification to receive compensation for assets and means of livelihoods affected by component I and 2 of LESSAP. It outlines: i) the Description of assets to be affected, ii), type of persons to be affected ii) the type of losses and iv) compensation strategy to which PAPS are qualified under each category of losses.

Table 2: Potential Categories of Affected Assets and Compensation Methods

Description of Type of Types of Compensation Strategy Special Assistance Loss Person Loss Affected Private buildings PAPs with Full or Full Replacement Yes and legal or partial Cost for structures used customary losses of structures for: ownership structures or If building structure is affected partially and • Residential properties the remaining part of the structure is

• Business not usable, the owner/PAP will receive full • Rental replacement compensation for the entire

structure. PAPs with no Full or Full replacement costs for structures only Yes legal or partial customary title losses of If building structure is but with Structures partially affected and the remaining part of occupancy or the structure is not usable, the prior to the properties owner/PAP will receive full cutoff date replacement compensation for the entire structure. Vulnerable Full or Full Replacement Cost for structures Six-month rental, living Groups with partial and other supplementary legal or losses of If building structure is partially affected and allowances at a rate of customary Structures the remaining part of the structure is not USD150 per persons as title or usable, the owner/PAP will receive full well as priority access to properties Replacement compensation for the entire health and other public structure. services. Assistance moving if Vulnerable Full replacement costs for required Groups structures only with no legal or If building structure is partially affected and customary title the remaining part of the structure is not usable, the owner/PAP will receive full replacement compensation for the entire structure. Tenants Loss of Six months’ rental allowance Eligible residence based on rent paid for a place occupied before the project. Landlord Loss of Six months’ rental income Eligible income of based on rent received for a Rental place occupied before the project. Public Properties Local Full or Cost of public if building Eligible partial structure is partially affected losses of and the remaining part of properties the structure is not usable, the or entity will receive full replacement structures compensation for the entire structure. Economic Crops PAPs with Loss of Full replacement value for loss of Eligible legal or Income, production trees customary title revenue or based on life of species and means of maturity/productive value. income Equal productive value of land PAPs with no Full replacement value for loss of Eligible legal or production trees customary title based on life of species and but with maturity/productive value. occupancy prior to the cutoff date Business Owner of Loss of Three months’ net income for Eligible business –both income, each affected business based

formal and revenue or on monthly net income loss. Full informal means of replacement cost livelihoods of structure and land Person with no Three months’ net income for Eligible legal or each affected business based customary title on monthly net income loss but with occupancy prior to the cutoff date

6.4 Cut-Off Date for Entitlements

It is necessary to publicly declare a cut-off date to determine eligibility and thus entitlements to resettlement compensation and assistance for each PAP as well as to prevent influx of people to the impact locations. A public notice of the date of the census cut-off-date shall be displayed and communicated directly to local authorities and interested parties. The project team (PCMU/PIU) in collaboration with local authorities shall put in place measures to limit influx/encroachment into project areas.

The project’s cut-off date refers to the date when census of potential properties to affected will be undertaken/marked and and the property-owner will be matched with their property to be affected in the project affected location. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance.

7 VALUATION METHODS AND ENTITLEMENTS

7.1 Basis of Valuation

, The governmental agency tasked with assessing real properties is the Division of Real Estate within the Liberia Revenue Authority (LRA). The Division has a Real Estate Valuation Guideline (see Annex 5) that estimates the values of real properties based on set criteria. The guideline distinguishes real properties on the basis of residential, commercial, commercial-residential, and industrial categories. It further defines real properties in these categories based on the size, basic condition, and materials used for construction.

7.2 Valuation Principles

The objective of asset valuation is to determine the current market value of the asset to be impacted by the subproject, associated labor costs, plus transaction costs, so that the amount for compensation will follow the full replacement cost principle and the value be equal to that which can adequately enable the affected persons to replace the asset at the current full replacement cost.

Valuation of assets to be affected by project activities will be assessed using the general principle of full replacement cost to be followed in the formulation affected property valuation. The valuation method shall follow the ESS5 requirements that lost income and asset will be valued at their full replacement cost (including any transition expenses, labor cost and transaction costs) such that the PAPs should not be worse-off. In applying this method of valuation, depreciation of structures and assets should not be considered. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law shall be supplemented by ESS5 provisions as necessary to meet the full replacement cost standard.

For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts should be made to establish access to equivalent and culturally acceptable resources and earning opportunities. Such additional measure is distinct from resettlement assistance to be provided under ESS5 requirements.

Valuation of land and assets shall consider the following: • Applicable current market prices • Loss of future income or value • Applicable current local rates for land values obtained from LRA; if available, up to date and relevant to replacement objective or more advantageous to PAPs • Applicable current rates for valuing structures, crops, and trees from local municipalities, MoA and LRA, if available, up to date and relevant to replacement objective or more advantageous to PAPs.

Compensation and resettlement assistance to be paid/provided to PAPs shall be: i) certified by an independent certified valuer, ii) based on updated properties value rates reflecting the current full replacement cost of the affected property, and iii) compatible with international good practices and valuation principles. The assets involved shall be assessed by competent valuators in accordance with the guidelines of the Real Estate Division of the Liberia Revenue Authority, and as provided in this Resettlement Policy 39

Framework. The compensation and other documents relating to the resettlement shall be signed by both affected individuals and the project implementation unit (PIU/PCMU) on behalf of LEC or RREA. Independent property valuators will value all assets affected by the project during preparation of the RAP. The valuation report will form part of the RAP report for implementation by the project team (PCMU/PIU). Thereafter, the PCMU/PIU will verify the affected properties listed in the RAP report and disclose the compensation amounts to PAPs. During the disclosure period, if a PAP is dissatisfied with the compensation amount (s) for his/her property, the dissatisfied PAP shall be allowed raise their concerns through the grievance redress mechanism. Also, if she/he prefer can hire an independent property valuator of his/her choice and the cost will be covered by the project if the claim is proven to be true.

7.3 Methods of Valuing Assets

Replacement Cost Approach The calculation of replacement costs of land and structures will be based on (i) fair market value at the time of dispossession, (ii) transaction/legalization costs, other taxes and fees, (iii) transitional and restoration (land preparation and reconstruction) costs, and (iv) other applicable payments. As part of the valuation process, the project team will ask the community councils and local authorities to identify replacement land that meets the qualitative requirements of lost land and is acceptable to resettled persons and host communities and to determine the costs for PAPs or the project to obtain the land. Where replacement land cannot be found locally, a value for monetary compensation shall be developed. Regardless of whether land is replaced in kind or with monetary compensation, valuation shall include the cost to prepare the land to a level similar to that of the affected land, plus the cost of land registration, including any applicable taxes. However, when the replacement cost approach is deemed inadequate to achieve the goals of ESS5, the following methods may be considered.

Investment Method This method treats assets like any other investment in the market, where the main factors influencing investment decisions are security of principal, adequate yield, security of income, administrative costs, and capital growth.

Direct Comparison Method This method will be used to value assets by comparing like with like. It is a very reliable method if current market information is available on sale prices. Adjustments may have to be made for age, condition, or location.

There are no statutory compensation methods enacted in Liberia. Hence, should it become necessary for compensation during the implementation of energy sector projects, the common methods of compensation will be considered:

• Market value compensation based on market value paid in private ownership. This is defined as the price the land or assets would be in the open market, assuming a willing buyer/willing seller situation. • Compensation is based on value of improvements where land is communal or belongs to the Government and compensation is required. • Values method of compensation and amount of compensation against the market price at a

particular historical date. • Existing value based on the market value of asset on its existing use and discounting any potential value attributable to development possibilities or changes in the market.

7.4 Valuation and Compensation of Crops and Trees

For agricultural crops and trees, it is the pre-project or pre-displacement, whichever is higher, market value of crops and trees located on the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer fees. The project team (PCMU/PIU) will contract an independent and impartial third-party specialist in agricultural land/crop values to identify market rates and value. All crops will be valued using the MOA Tree Crop Pricing for Development Projects and paid for one year unless PAPs lose crops for more than a year in which case the number of years affected (or any fraction) will be paid. Valuation of crops is estimated by the guidelines set by the Ministry of Agriculture (in Annex 4) in the absence of a statutory regulation. However, for crops not covered under the guidelines set by the Ministry of Agriculture, it should be estimated at what a prudent and well informed purchaser would be willing to pay at a fixed time for the right to receive the income stream produced by that particular crop. Crops used for commercial purposes will be compensated at market value based on historical production records as followed:

Table: Valuation of crops NO TREE UNIT MATURE IMMATURE UNIT CROPS/PLANT (RATE US$) (RATE US$) 1. RUBBER TREE 6.00 3.00 TREE 2. COCOA TREE 6.00 3.00 TREE 3. COFFEE TREE 6.00 3.00 TREE 4. OIL PALM TREE 6.00 3.00 TREE 5. KOLA TREE 6.00 3.00 TREE 6. BREAD FRUIT TREE 6.00 3.00 TREE 7. ORANG TREE 3.00 2.50 TREE 8. PLANTAIN GROUP 3.00 2.50 GROUP 9. BANANNA GROUP 3.00 2.50 GROUP 10. LEMON TREE 3.00 2.50 TREE 11. LIME TREE 2.50 2.50 TREE 12. MANGO TREE 6.00 3.00 TREE 13. COCONUT TREE 6.00 3.00 TREE 14. PAWPAW TREE 3.00 2.50 TREE 15. CASSAVA ACRE 6.00 3.00 ACRE 16. SUGAR CANE ACRE 6.00 3.00 ACRE 17. PINEAPPLE HEAD 2.50 1.50 HEAD 18. AVOCADO TREE 6.00 3.00 TREE

Trees will be valued based on the type of tree, its age and productive value. The project team (PCMU/PIU) will engage the experts from the MOA to establish a typical production amount with botanists and a unit value for the species existing in the area. Trees will be valued according to different methodologies depending whether the tree lost is a wood tree or a productive tree. Wood trees will be valued based on age category (a. seedling; b. medium growth and full growth) and timber value and volume according to market references. Fruit/productive trees will be valued based on age (a. seedling; b. adult-not fruit bearing; and c. fruit bearing). Stage (a) and (b) trees will be compensated based on the

value of the investment made; stage (c) trees will be compensated at net market value of 1-year income times the number of years needed to grow a new fully productive tree. PAPs will also receive the necessary inputs (include labor or a corresponding allowance) to replace the trees including seedlings based on the survival rates for young trees of the species being replaced.

7.5 Valuation and Compensation of Buildings and Structures This category covers valuation of land, buildings and related structures such as houses, toilets, kitchens, and bathrooms, temporary structures made of wood and metal, and animal enclosures. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of labour and/or contractors’ fees, and plus the cost of any registration and transfer fees. No deduction for depreciation and transaction costs will be applied. For the partial impact (if the loss is less than 20%, then compensation is paid for the repair of the affected structure). Valuation of replacement dwellings shall include the cost of sanitation facilities. Valuation also shall include the cost of access to water supply and other services (such as electricity, sanitation) if the displaced structure had access or if the replacement location does not provide access. Estimated costs shall be sought from PAPs and other local residents and from contractors and suppliers in the affected areas. These estimates do not include the cost of land. Incomplete dwelling units or units that have collapsed and are not in use shall be valued based on replacement cost of materials. Monetary compensation only, not in-kind replacement, shall be offered for such units.

7.6 Valuation and Compensation of Agricultural Land Where active land markets exist land will be compensated at replacement rate based on a survey of land sales in the year before the impact survey. Where active land markets do not exist land will be compensated based on the reproduction cost of a plot with equal features, access and productivity to the plot lost. A clear valuation methodology for these cases will be detailed in the RAPs and various property/building valuation methods are presented below

Table 3: Real Estate Valuation Guide Assets Process Structure Steps

• A detailed inventory of all persons, possession, assesst and stock requiring resettlement is to be made. • Accurate and real valuation of dwelling is undertaken. • Determination of compensation package according to valuation carried out.

Recommendation: • LEC/RREA to provide compensation for affected structure. Loss of tree/tree crops • A detailed inventory of all cash tree crops. • Accurate of real valuation of crops is undertaken. • Determination ofr compensation package according to

valuation carried out.

Recommendation: LEC/RREA to provide compensation for affected tree/tree crops.

Technical Analysis for residential and commercial flats Structure types will be categorized, and values will be determined by the prevailing market prices of materials used, including labor cost necessary for construction. The unit of rate per structure type will be based on structure kind, roof, wall, floor, story, unit cost US$/m2 and average range/m2

The project team (PCMU/PIU) or its Agent will calculate compensation amounts based on prevailing construction cost estimates for a given area. Construction costs estimates will be prepared by qualified surveyors based on market data. Compensation will be paid based on these full replacement cost estimates. Should resettlement be necessary, the assessed value of real properties and/or building(s) thereon should be estimated by the valuation guidelines of the Real Estate Division of the Liberia Revenue Authority (LRA), and the Ministry of Agriculture for tree crops.

The LEC/RREA shall ensure that PAPs whose livelihoods are land-based and who are losing more than 20% of their total productive agricultural land are given an option allowing them to acquire comparable replacement land. PAPs may, at their option, choose cash compensation and economic rehabilitation, instead of land replacement. The LEC/RREA, in collaboration with the Liberia Land Authority, will assist those PAPs who opted for land-for-land option to find appropriate agricultural land prior to the start of construction and no construction shall start unless this process is completed.

7.7 Valuation and Compensation of Urban Land For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer fees. For agricultural land, the project team will establish compensation rates, based on specialized studies involving key stakeholders such as local authorities, representatives from potentially and currently affected communities and existing private land assessors/valuers. Such a study should ensure that such rates provide for full replacement cost for land with similar locational advantages and productive potential. Market value includes transaction costs, any income taxes or VAT and registration fees. Agricultural land will be valued at replacement rates according to two different methodologies depending on whether in affected areas active land markets exist or not.

7.8 Valuation for Easements Easements shall use market value or net present value as explained above. Where easement agreements allow future use of land for cultivation of low crops, compensation shall consider rental fees for the use of properties temporarily affected. This compensation value is distinct from compensation for any trees or other crops that would be destroyed by initial use of an easement for construction. These crops would be compensated at full value. Compensation for easement agreements will address land value lost because of the temporary restriction of future uses during the construction phase of the project.

7.9 Valuation and Compensation of Loss for Economic Activities

Where PAPs incur losses of income from business, the compensation method should be the following:

• Estimate the net monthly profit of the business, based on records, if any, of operator’s statements, crosschecked by an assessment of visible stocks and activity • Multiply this net monthly profit by the period during which the business is prevented from operating • Allocate a disturbance allowance of 10% of total compensation.

7.10 Disturbance and Transportation Allowances

Disturbance allowances shall be paid in addition to the compensation value of the affected assets/properties. Disturbance should be paid in the case of an individual property/landowner whose property/land is being acquired for the proposed project; or where a project site has been subsequently abandoned in favor of another site and the landowner of the abandoned site was required to relinquish his interest over the land; or where during the course of executing the proposed project an individual’s interest in land suffered proven physical damage/disturbance.

Transportation assistance of US$100 shall be paid to all PAPs who will be relocated as a result of the project. This amount will be provided to enable them to cover all moving expenses to new locations. However, for persons eligible for compensation of structures, the transportation allowance shall be calculated at 3% per structure cost.

Disturbance and transportation allowances shall be assessed by the Project Team (PCMU/PIU) to be established for the implementation of Bank-funded projects by the LEC or RREA or other relevant stakeholders, in consultation with the PAPs.

8 ORGANIZATION, PROCEDURES AND RESPONSIBILITIES

8.1 Institutional and Implementation Arrangements

This chapter discusses institutional arrangements for preparing and coordinating RAP preparation and implementation as well as the organizational procedures for delivery of entitlements, including line ministries, units, committees and the project team (PCMU/PIU). In order to ensure efficient resettlement preparation and implementation as well as compliance with the Bank’s ESS5 and the relevant Liberian legal provisions and policies, the following institutional and departmental arrangements shall be used to connect and mobilize resources and capabilities of all relevant organizations who will be involved in the preparation and implementation of the RAP. Major activities shall include the following:

• Setting a cut-off date for compensation eligibility; • Conducting socio-economic study/census; • Identifying affected groups and individuals that are eligible for compensation; • Consulting with these groups and individuals; • Identifying and assessing resulting impacts on people, assets and livelihoods; • Conducting a valuation exercise; • Compensating the PAPs; • Providing compensation and resettlement assistance completion report prior to commencement of civil works; • Conducting internal and external monitoring activities.

Conducting an environmental and socioeconomic study After forming the Project Team (PCMU/PIU, the LEC/RREA shall ensure the conduct of an environmental and socioeconomic study of the project area to establish the social and environmental baseline, potential impacts and development opportunities. Where necessary, the Local Traditional Councils, County Officials and affected community leaders shall be fully involved.

Identifying affected groups and individuals Affected groups and individuals shall be identified within the survey conducted during the environmental and socioeconomic impact study.

Identifying, assessing and valuating resulting impacts on assets/livelihood The results of the environmental and socioeconomic study shall be used in identifying and assessing resulting impacts on assets and livelihood. This exercise shall be undertaken by the Project Team (PCMU/PIU) at LEC or RREA, preferably utilizing the services of an independent consultant with expertise in RAP preparation for electricity projects. The team will use the current properties, cash crops and trees valuation rates when deterring compensation for affected assets.

Preparing Resettlement Costs and Funding The Project Team at LEC or RREA shall be responsible for preparing a detailed list of resettlement costs. The GOL shall be responsible for funding the entire cost, or sourcing funding for the RAP.

Compensating PAPs and Feedback to the WB The Project Team (PCMU/PIU) shall ensure that all PAPs are compensated appropriately. The team shall prepare forms, which shall be signed by the PAPs as a prove that the PAP has agreed and received 45

the full compensation amount due to him/her.

8.2 Compensation Procedure The Project Team (PCMU/PIU/PFMU) shall administer the compensation according to administrative procedures of the LEC, RREA and PFMU. The PCMU/PIU at LEC and RREA will submit reports to the WB confirming that the compensation has been fully paid prior to commencement of any civil works, depending on which component of the project is being implemented. The Project Team shall ensure that the RAPs implementation activity is connected to civil works’ timeline and must be completed three months before site handover to the construction contractor i.

Before any land acquisition takes place in a World Bank financed project implemented by the LEC/RREA, project affected persons (PAPs) will be compensated and below are the procedures the project team (pay team) must follow when delivering compensations and resettlement assistance to PAPs: • The PAP name is first identified on the project affected persons list; • The affected property is verified by the implementing agencies (LEC/RREA); • The PAP is consulted, and the compensation amounts disclosed to the PAP with the involvement of local authorities; • The PAP is required to present valid ID card, passport size pictures and proof of ownership for the affected property (land deed or letter of attestation from the court or local authority) • The compensation day and location are announced by the implementing agencies (LEC/RREA); • A Memorandum of Understanding or a Release and Discharge Agreement is signed by the PAP on the date and time of receipt of the compensation amount (s) for his/her affected property (ies).

8.3 Implementation Responsibilities The organization of the resettlement activities will depend upon the inputs from the following institutions:

• The LEC and RREA will prepare the RAP for activities under Component 1 and Component 2 of LESSAP respectively • The WB and EPA will review and clear the RAP to ensure that safeguards issues are adequately covered. • The LEC/RREA, or relevant ministries and agencies or their representatives/consultants, shall educate the affected communities on the RAP. • Affected community leaders or community based organizations shall be consulted during preparation and implementation of the RAPs. Independent NGOs and other stakeholders may be engaged to witness the fairness and appropriateness of the whole process, including the compensation payments procedure. • External audits will include the evaluation of the implementation of the RAPs.

The audits shall examine the RAP preparation and implementation processes include but not be limited to the following: • Resettlement conditions where relevant • Consultation on compensation options, process and procedures • Adequacy and timeliness of compensation • Adequacy of specific measures targeting vulnerable people.

8.4 Valuation/Assessment Team

LECRREA shall establish a valuation and assessment team for assessing and determining the value of assets and compensation amount to be paid to PAPs, depending on which component of the project is being implemented. The valuation team will be monitored by the Social Safeguard Specialist/Officer of the project team (PCMU/PIU) and shall comprise key LEC/RREA Engineers and Finance staffs. While conducting the valuation exercise the team shall: • Obtain copies of the census report on the affected corridor(s). • Assess the value of affected properties to ensure that the cash value placed on those properties is calculated based on full replacement cost. • Ensure that tree crops are physically counted to ensure correctness and that the current US$ rates provided by Ministry of Agriculture for various crops are applied. • The RAP Verification Team revalues the affected to ensure that the cash value placed on those properties are neither overstated nor understated and should reflect the current situation.

8.5 RAP Entitlements Delivery

LEC/RREA organizational procedures and systems shall be used for delivery of entitlements to PAPs. More details will be provided in the RAP. Initiating and verifying the process of compensation payment requests to PAPs shall be the responsibility of the Social Safeguard Specialist/Officer at LEC/RREA. The following procedures are carried out during the verification process for the RAP:

• Collect from each PAP proof of ownership such as land deed, tribal certificate, or attestation issued by the Court for his/her affected property, along with two passport sized photos. • Fill in the RAP Verification Form containing the verification date, structure code, name of owner, location of structure, kind of structure, total dimensions (sq. ft.), category, rate per sq. ft. and total appraised value for each structure. • The quantity and description will be applied if the affected property has tree crops and shall also include the applicable allowances and assistance benefits to each PAP. • Ensure that every member of the valuation team and the PAP have signed in spaces provided on each RAP verification form as a proof of acknowledging the appraised values. • Ensure that the PAP’s vouchers comprising of the valuation form, two passport-sized photos, structure photo, and proof of ownership from the local court are submitted to LEC/RREA for final vetting.

The following documentation shall be attached to each compensation payment request: • Probated and registered land deed (where land or economic crops are to be compensated). Again, clearance from local authorities is required. • In the absence of court attestation and probated land deed, the attestation given by the village chief and elders to the PAP shall become proof of land ownership for the PAP and shall serve the same purpose as that of district court attestation and probated land deed.

8.6 Compensation Payment Processing

Processing compensation payments to PAPs shall be the responsibility of the LEC or RREA. This will require joint coordination between the Social Safeguard Specialist/Officer and the Finance Department of the project team (PCMU/PIU) to lead the processing of compensation payments to PAPs on behalf

of the LEC or RREA, depending on which component of the project is been implemented.

• The LEC/RREA and other relevant stakeholders, shall ensure that all payments are made to the PAPs before the commencement of any civil works. The venue for payment shall be decided by the project teams (PCMU/PIU), at places easily accessible to the PAPs. Payments shall be made by check. • Based on submission of verified list of PAPs accompanied by payment requests and the required documentation from LEC/RREA, the PCMU/PIU shall proceed to write the compensation checks to PAPs. • If the PCMU/PIU is not fully satisfied with compensation payment requests, it shall return those requests to LEC/RREA within five day after receipts with reasons for not proceeding with processing of the compensation payment request(s),

8.7 RAP Implementation Linkage to Construction

LEC and RREA shall complete all RAP activities prior to the start of construction in each impact corridor or no construction should start until the RAP is fully implemented and confirmed by post compensation and resettlement assistance payments verification exercise (RAP audit). If more time is needed to implement the RAPs, the matter will be discussed with the task team (PCMU/PIU) and PAPs will be duly informed of the task team decision.

Each eligible PAP will sign a verification/commitment form together with the verification/ valuation team. The verification/commitment form, upon signature of all parties (the verification team and PAPs), shall constitute a mutual commitment as follow:

If the project entails physical relocation of PAPs, the LEC will ensure that sites are selected during the resettlement planning phase, in consultation with the affected persons. If a site is selected during RAP preparation phase, the LEC will take full responsibility for preparing relocation sites before the date of the actual move, verifying that each affected household to be relocated is willing to occupy its new house. If the affected households find features of the specific sites and house highly disadvantageous or culturally inappropriate, site improvements or reallocation of sites may be considered in consultation with affected persons. This process shall be completed before construction starts and no construction shall start unless this process is completed.

8.8 Role and Responsibilities of the Social Safeguard Specialist or Social Development Officer

The Social Safeguard Specialist or Social Development Officer will be the staff of LEC or RREA that shall be responsible for the day-to-day implementation of the RAP. Under the overall supervision of the PCMU/PIU Coordinator, he/she will be responsible for overseeing the overall preparation and implementation of social safeguard instruments (RPF, RAP, SEP, LMP and GRM) as well as lead the broader social safeguard/development activities of the LESSAP. Major responsibilities to be performed by the Social Safeguard Specialist/Social Development Officer includes managing all social development aspects, including: (i) ensuring the highest standard of quality in social impact assessment and mitigation activities including screening of subprojects in accordance with the ESMF and this RPF, (ii) engagement of all stakeholders, (iii) information disclosure and outreach, (iv) grievance management, (v) implementing resettlement, compensation and livelihood restoration plans and

measures, and (vi) guide consultants and other agencies involved in RAP studies or preparation and implementation of RAP and ESMPs. The role and responsibilities of Social Safeguard Specialist/Social Development Officer include:

• Ensure that LESSAP components are in full compliance with objectives, principle and requirements of the ESS5. • Ensure that sub-project design and site selection includes all considerations and options to avoid and minimize land acquisition by the sub-projects. • Where land acquisition cannot be avoided, monitor and work with the independent RAP consultants to conduct a socioeconomic study targeting potential PAPs as well as carryout a census survey to: a. identify Project Affected Persons (PAPs) in the affected area b. establish characteristics and typology of affected households c. provide information on vulnerable groups and people d. determine the magnitude of potential losses – partial or full e. establish two way communication between PAPs and the LEC/RREA f. carry out consultations. • Ensure that compensation and resettlement assistance cover all permanent or temporary physical and economic displacement resulting from land acquisition or restrictions on land. • Prepare, with the assistance of LEC/RREA engineers and independent RAP consultants, RAPs and ensure their clearances and disclosures. • Ensure that funding for RAPs is made available and deposited in a special and separate account and track and maintain compensation and resettlement assistance payments. • Ensure prompt compensation and resettlement assistance payments to PAPs are made well ahead of civil work commencement. • Ensure all PAP are fully compensated prior to taking of land and assets and the start of civil works. • Monitor and oversee the performance of Grievance Redress Committee (GRCs). • Work on the broader social issues including ensuring that contractors’ workers are fully sensitized on HIV/AIDs, STDs, GBV/SEA and are in compliance with the Code of Conduct they signed. • Prepare quarterly RAP implementation reports and social safeguards performance reports.

Tentative RAP Implementation plan from commencement to civil work

# Activities Before commencement of civil works

Jan Feb Marc Apr. May Jun. Jun. Jul Aug. Sept Oct. Nov. Dec. 1. Complete Socioeconomic studies and census 2. Conduct consultation 3. Complete valuation and verification 4. Agree with PAPs on compensation 5. Start and complete entitlement

6. Post RAP Compensation Payment Audit 7. Start and complete entitlement delivery 8. Post RAP Compensation Payment Audit 9. Grace period to vacate site 10. Site handover to contractor 11. Resolve residual issues 12. Monitoring RAP

8.9 Project Level and National Level Institutional Arrangements for Resettlement

Project Level

LEC (Components 1 & 3): LEC currently has a Project Management Team (PMT) that is implementing the ongoing LACEEP (P133445) including its Additional Financing. The PMT comprises mainly of staff of the Planning Department, Environmental and Social Management Unit (ESMU) and dedicated staff of LEC’s Finance Department and the Procurement Unit (led by a Procurement Manager). The PMT is supported by specialized consultants, PCMU2 coordinator, technical project coordinator, financial management specialist (FMS), environmental assistant and social and gender assistant. Supervision engineering firms (owner’s engineer) initially assisted the PMT to supervise construction works but their performances were determined to be ineffective and so their contracts were not extended. Based on the lessons learnt, the PMT would be strengthened with individual experienced engineering expects (planning, design and project engineers) to head the various sections of the planning department and provide the necessary implementation support and capacity building to the department. A senior social safeguard/ safety specialist would be added to the team to oversee installation works in electrified communities.

RREA (Component 2): RREA currently has a Project Implementation Unit (PIU) that is implementing the ongoing LIRENAP project. The PMU is led by a project coordinator and includes a project engineer, Pico PV Specialist, procurement specialist, social development officer and senior safeguards specialist. The RREA’s finance director provides financial management of the project whilst the procurement director has the overall oversight of all procurement activities. The PMU is also supported by professional staff (financed under the project) including an Electrical Engineer, Civil Engineer, Community Outreach Officer, Business Development Officer and an IT officer. While the PIU has gained experience through implementation of LIRENAP project, further capacity enhancement is required to enable RREA to adequately manage the project, particularly on institutional and business development.

National Level

Ministry of Public Works (MPW) The MPW will approve all drawings for civil works and issue construction permits to LEC/RREA for civil works to be done by contractors under the project, including right-of-way of roads where the MV

2 The Project Coordinating and Management Unit (PCMU) coordinates implementation of all the donor projects at higher levels between the energy sector stakeholders (Government Ministries and donors) 50

and LV distribution network of the project will be built. The MPW is responsible for infrastructure development (road, bridges, buildings, railway, etc.) and zoning regulation in Liberia. The near lack of zoning regulation is responsible for some of the critical environmental issues such as reclaiming of urban mangroves, unplanned settlements, urban flooding, etc. The Ministry of Public Works will be part of the screening and property valuation team.

Ministry of Finance and Development Planning (MFDP) The MFDP houses the Project Fund Management Unit (PFMU) which is responsible for fiduciary management of the Bank-supported projects. It supports the project to prepare a consolidated work plan and budget for the project on an annual basis. The work plans and budgets will include the planned project expenditures under each component. LESSAP project management will be expected to coordinate and monitor the implementation progress against the work plan/budget. The Ministry of Finance and Development Planning (MFDP) is the Borrower of the project and will, on behalf of the Government of Liberia, be responsible to make available the funding for implementation of the RAP (provide total RAP implementation budget), including the compensation amounts to be paid to eligible PAPs. The PFMU will be part of the RAP payment team.

Environmental Protection Agency (EPA) The EPA will review and clear the RAP to ensure basic compliance on all relevant protocols during the project implementation. The EPA is the main authority for the management of the environment and social issues and mandated to coordinate, monitor, supervise, and consult with the relevant stakeholders on all activities related to the protection of the environment, and sustainable use of natural resources. The EPA oversees the implementation of international environment and social related conventions. The EPA will issue environmental permit, and monitor construction works of the project to ensure compliance with environmental laws and regulations.

Liberia Revenue Authority (LRA) For land and assets verification, the LRA will play critical role in verifying and confirming the value of project affected assets. Their continuous involvement to advance work related to land and the property verification valuation is vital.

Ministry of Agriculture (MOA) Staff of MOA will be part of the verification team in which they will assist with crops valuation. Involvement of agricultural extension officers at the local level will be sought to support PAPs whose livelihoods focus on agricultural products. In circumstances where farmers are substantially affected by the project, the agricultural extension officers would work closely with LEC/RREA to assist and track progress of the affected farmers.

Ministry of Internal Affairs (MIA) The role of the Ministry of Internal Affairs (MIA) at the local level has been and will continue to be vital in advancing social safeguard works at district and community levels. Furthermore, their guidance and involvement in conflict resolution and reaching amicable solutions would remain critical while handling compensation and resettlement related issues. Thus, coordination and close partnership with MIA local authorities will be strengthened during the implementation of the project.

Liberia Land Authority (LLA) The LLA subsumes land functions that were performed by several agencies of the Government,

including the key land administration agencies - Department of Lands, Survey and Cartography of the former Ministry of Lands, Mines and Energy (MLME), now the Ministry of Mines and Energy (MME), the Deeds and Titles Registry of the Center for National Documents Records Agency (CNDRA), and functions of County Land Commissioners from the Ministry of Internal Affairs. The LLA will assist with the settlement of land disputes and validation of land deeds and titles. As the one-stop-shop for land matters in Liberia, the Act provides LLA with three key functions – land governance, land administration and land use and management.

General Auditing Commission (GAC) The General Auditing Commission is the agency of Government responsible for ensuring accountability and transparency. The entity will ensure that the funds provided are expended for the intended purposes as stipulated in the RAP.

Table 3: Resettlement Action Plan Organizational Responsibilities

RAP Elements Activities Responsible Group Description of the General Description of the project, identification of the LEC, RREA. Project and Its Impacts project area and potential impacts Environmental & Determination of household size, affected assets and impacts LEC, RREA, Socio-economic Independent Consultant(s) Impact Studies/Census Eligibility and Proven and recognized ownership and recognized occupation PCMU/PIU at LEC or Entitlements of PAPs RREA Compensation Involvement of PAPs; Identification and valuation of affected PCMU/PIU or Assessment assets; and Approval Procedure Independent Consultant(s) Grievance Procedure Formulation of Committee; hearing of objection PCMU/PIU and and appeal measures Community Leaders Payment of Funds Disbursement Plan and Coordination PCMU/PIU and Local Compensation Leaders Costs and Budgets Project Cost Estimates, Approval and Supervision PCMU/PIU Project Monitoring Progress reports PCMU/PIU Project Evaluation Project audits Independent Auditors

9 CONSULTATION AND DISCLOSURE PROCEDURE

9.1 Objectives of Consultation

Consultations will aim to achieve the following objectives and shall be linked to the project’s Stakeholders Engagement Plan (SEP):

• To provide information about the project and its potential impacts to those interested in or affected by the project, and solicit their opinion in that regard • To manage expectations and reduce misconceptions regarding the project • To agree on resettlement preferences, if any, and discuss concerns • To ensure participation and acceptance of the project by the communities

9.2 Consultation on the Resettlement Policy Framework

In accordance with the World Bank ESS5, information and consultation on the Resettlement Policy Framework shall be organized as follows:

• Organize a Resettlement Policy Framework validation workshop for all relevant stakeholders for comments; • Share the results with the World Bank for comments; and • Incorporation of stakeholder and World Bank comments in the RPF.

9.3 Consultation on Resettlement Action Plan

Consultation with the public on the entire process of resettlement is essential as it offers the affected persons an opportunity to participate and contribute to both the design and implementation of the subprojects and the RAP. The local communities are the owners of the projects and without their participation, there will be failure to reach the projects’ ultimate goals. Public consultation is therefore mandatory.

The Social Safeguard Specialist/Social Development Officer (LEC/RREA) under the supervision of the project coordinator (PCMU/PIU): (i) will identify stakeholders, decide time and venue for consultations, disseminate information about consultations, dates and venues to achieve maximum participation of stakeholders; (ii) disseminate information about the proposed project, impacts, mitigation and management; and (iii) collect data for the consultations. Community opinion leaders will serve as key contacts to encourage meeting attendance.

The consultations shall include several community forums, and shall be interactive, with questions from the communities and answers and explanations from LEC/RREA staff. The meetings shall include diverse stakeholders including men, women, girls, boys, the elderly, people with disabilities, and other vulnerable groups. The minutes of the consultation meetings, photographs of the consultation meetings, and attendance would be annexed in the RAP. Ongoing consultations and information disclosure shall be conducted to keep the stakeholders informed and make the process transparent.

9.4 Methods for Consultation with Affected Groups/Individuals

Public participatory consultation will be done through stakeholder meetings and workshops at suitable locations in or near the project areas. Information for such meetings or workshops shall be made timely and adequately to encourage the participation of all concerned. These meetings will provide detailed information to the PAPs including information on compensation, entitlements and grievance mechanisms. PAPs will be consulted through the following methods:

(a) Public Meetings At a very early stage, after the design of the projects, persons to be affected by the projects shall be invited to consultation meetings and their involvement and comments taken into consideration.

(b) Notification The affected individual’s identification will be made during the process. There shall be both formal and informal notification. Formal notification may include written communication (e.g., letters), while informal notification may include oral invitations or communication (e.g., telephone call, radio announcement).

9.5 Consultation Procedures

A consultation meeting shall be held with PAPs in the targeted counties as per the SEP. The purpose of consulting PAPs is to provide understanding and clarity as to how compensation would be carried out for structures and means of livelihoods that would be impacted by the project. PAPs will be informed on the following:

• The extent of land required, and impacts associated with it • The full replacement values of assets and methods used to arrive at full replacement cost • Availability of a cash option for PAPs who prefer cash compensation • Availability of transition allowances for losses of: (a) rental income (landlords), (ii) business income, and (iii) shelter (renters) • Availability of special packages for the transition period to vulnerable people • Information on their right to be informed about their choices and their right to make free and informed choices as well as their right to accept or reject what is offered to them by the GoL (project) • Availability of GRMs to file disputes and seek remedies when they are not satisfied with entitlements and assistance packages offered to them

In addition to various consultation strategies outlined in the SEP, focus group discussions and individual consultations will be used to disseminate resettlement/entitlement information and to obtain PAP views. During the consultation, all stakeholders shall be allowed to fully participate and express their view. Their views shall be fully captured and disclosed.

Meetings shall be organized and conducted within the project areas, where PAPs will have easy

access. The principle for compensation for the various types of loss will be detailed. The list of properties and assets to be affected by the projects will be mentioned in such meetings which will include the names of the affected persons.

The Social Safeguard Specialist/Social Development Officer (LEC or RREA) under the supervision of the PCMU/PIU coordinator shall ensure discussions are held with the PAPs during the compensation and resettlement processes. Community leaders shall form part of the discussions. The values and compensation for the assets of PAPs shall be transparent. The whole process shall be held in accordance with the laws and procedures applicable, and when PAPs have agreed, a compensation agreement shall be signed by the parties involved.

The options of compensation for resettlement will be explained to the PAPs for their selection. The parties shall sign a compensation certificate which will clearly describe the mode and scope of the compensation, as well as the responsibilities of the parties.

9.6 Disclosure of the RPF and RAP

The Resettlement Action Plan will be widely disclosed. Methods used for the disclosure of the document shall be as follows:

i. The RPF and RAP will be available at a place accessible to PAPs and local NGOs, in a form, manner, and language that are understandable to them. ii. Copies of the final RPF and RAP will be available and accessible through LEC, RREA, EPA and World Bank websites. iii. Distribution of copies to different institutions in or near the project areas. iv. Distribution during meetings and workshops for discussion of the RPF and RAP. The meetings and workshops will be conducted at various places including the place where the resettlement will take place.

10 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS

10.1 Potential Grievances and Disputes

Grievance here means any query, call for clarification, problem, or concern raised by individuals or groups related to activities undertaken, or processes applied, by the project. These, when addressed, are expected to ensure support, results and sustainability of project activities. The goal is to create an avenue to prevent and address potential adverse environmental and social impacts emanating from project activities. The objectives are the following:

• To amicably resolve grievances raised by Aggrieved Parties during project implementation • To ensure successful and timely completion of projects, without creating adverse environmental, social and health impacts on the community.

In development projects, there is the possibility that grievances and disputes may arise during the implementation of resettlement and compensation activities, resulting from the following:

• Inventory mistakes made during the census survey • Mistakes related to identification of, and disagreements on, assets and boundaries of individuals’ land • Disagreements on asset valuation • Ownership or share disputes among families • Disputed ownership of assets • Disagreement of resettlement locations should resettlement be considered by PAPs.

10.2 Proposed Grievance Redress Mechanisms

The above described grievances and disputes that may arise during the implementation of the projects shall be best resolved by the Project Team (PCMU/PIU) at LEC or RREA, based on the due diligence undertaken by the team in preparation of RAPs and socioeconomic assessments.

LEC and RREA will install a Grievance Redress Mechanism (GRM) that will allow project- affected persons who are not satisfied with compensation and/or resettlement packages or procedures to lodge a complaint or a claim without cost and with the assurance of a timely and satisfactory resolution of their complaint or claim. The aggrieved person also reserves the right to go to a court of law at their own cost. To facilitate this process, the GRM will operate at two levels: affected community and project level at LEC or RREA. Even though the community level is likely to be the main recipient of complaints, provision has been made to allow access to the GRM at the project level at the PCMU/PIU at LEC or RREA, depending on which component of the project is being implemented.

Since the exact locations for the project are not known as of yet, the current proposal is to follow similar practices that have been used in other ongoing World Bank financed projects implemented in Liberia by LEC and RREA (LACEEP, LACEEP-AF, and LIRENAP). This would entail forming community level grievance redress committees (GRCs), which would be the first

instance for receiving complaints, and would also register all complaints. Then the second level could be tied with the administrative mechanism at the project level at LEC or RREA. However, once the exact affected communities are known, the LEC/RREA or its independent RAP consultants will work with the communities to ensure a proper and acceptable as well as accessible mechanism for lodging grievances is put in place. The current proposal will be discussed as one alternative in the affected communities.

10.3 Administrative Arrangements

Every county of Liberia has Local Traditional Councils or County Administrative Councils. These councils shall be considered in resolving any disputes that may arise during the implementation of the projects by LEC, RREA along with the Project Team at the PCMU/PIU. The Judiciary shall be the last resort, which in principle should only be triggered where the first and second amicable mechanisms at the community and project levels have failed to settle the grievance or dispute.

The Grievance Redress Committee

The following arrangements are outlined for the levels of grievance committees and the procedures to be followed. There shall be a grievance redress committee at the community, and project levels as follows:

Community level The Town Chief/Community Leader, Youth Leader, Women’s Leader, two members of PAPs and a representative of a local NGO known in the town/community will constitute the committee.

County level A committee of knowledgeable persons, experienced in the subject area, shall be constituted at county level to handle complaints that have not been addressed or resolved at community level in the impact corridor. The County level GRM shall compose of the following members:

• County Superintendent (Chairperson) • Land Commissioner, member • County Health Officer, member • County Engineer, member

County level GRM shall do everything possible to resolve issues within a reasonable period, not more than fifteen (15) days from the date the case has been transferred to it from the community level GRM. The Chairperson of the Committee shall communicate the Committee’s decision to the aggrieved PAP(s) in writing

Project level The committee would be constituted under the LEC and RREA and shall include:

• Project Coordinator, Chair • Social Safeguard Specialist/Development Officer, Member • Legal Counsel, Member • Property valuator, Member 57

• Finance, Member

The Project Team (PCMU/PIU) at LEC and RREA will have overall responsibility for coordination.

10.4 Grievance Procedures Generally, affected people can lodge complaints at the community level. If it is not resolved then approach to county and project levels. In order to streamline the process, the following structure is proposed.

Community Level Identified as the first level of grievance redress, complaints may be submitted to the chief or community leader which will be recorded/filed and discussed at an agreed date for resolution within 7 days upon receipt of such complaints. The community representatives will meet at the community level to discuss and address issues and the complainant is informed of outcome of resolution.

County Level If issues are not resolved at the community level, the County level GRM shall do everything possible to resolve issues within a reasonable period, not more than 15 days from the date the case has been transferred to it from the community level GRM. The Chairperson of the Committee shall communicate the Committee’s decision to the aggrieved PAP(s) in writing.

Project Level

Grievances will be handled at the project level by the PCMU/PIU. Grievance redress will include the following steps:

Step 1: Submission of grievances either orally or in writing For submission of grievances either orally or in writing to a local/community GM committee or a GM officer in the PCMU/PIU, a toll-free phone line and email will be established. Walk-ins may register a complaint on a grievance logbook or suggestion box at LEC/RREA offices. In order to ensure the GM is accessible to all stakeholders, particularly in rural areas and those that are vulnerable, specific measures will be explored during consultations and reflected in the updated SEP. The GM will also allow anonymous grievances to be raised and addressed.

Step 2: Recording of grievances within 24 hours Grievances will be recorded and classified based on the typology of complaints and the complainants in order to provide more efficient response and providing the initial response within 24 hours by the GM officer. The typology will be based on the characteristics of the complainant (e.g., vulnerable groups, persons with disabilities, people with language barriers, etc.) and also the nature of the complaint.

Step 3: Investigating the grievance and Communication of the Response within 7 days based on the nature of the grievance.

Step 4: Complainant Response Either grievance closure or taking further steps if the grievance remains open. If grievance remains open, complainant will be given opportunity to appeal to Grievance Redress Committee that will be set up at the PCMU/PIU.

Once a complaint has been received, by any and all channels, it should be recorded in the complaints logbook or grievance Excel sheet (grievance database). Once all possible redress has been proposed and if the complainant is still not satisfied then they should be advised of their right to legal recourse.

Quarterly summaries and internal reports on public grievances, enquiries and related incidents, together with the status of implementation of associated corrective/preventative actions, will be collated by responsible staff and referred to LESSAP senior management. The quarterly summaries will provide a mechanism for assessing both the number and the nature of complaints and requests for information, along with the Project’s ability to address those in a timely and effective manner.

11 BUDGET AND COMPENSATION ARRANGEMENTS

11.1 Budget and Resettlement Activities

Resettlement Action Plans (RAPs)/Abbreviated Resettlement Action Plans (ARAPs) shall include detailed budgets for compensation and resettlement assistances. They shall also include information on the sources of funds, how funds will flow into RAP designated account and compensation schedule. As implementing entities. the LEC/REAA, have full responsibility for meeting compensation and resettlement assistance costs -, including financial obligations associated with land acquisition as well as costs associated with legacy issues and risks faced by associated facilities. The estimated cost of implementing RAPs and compensation for subprojects shall be determined during the RAP preparation stage. The table below present costs associated for preparing this RPF and subsequent RAP(s).

Table 4: Estimated Budget

Activity Cost (US$) RPF preparation 20,000 Subproject screening activities to determine need for RAPs 15,000 Preparation of the census, socio-economic study, and RAP/ARAPs 20,000 Consultation meetings with PAPs and other stakeholders; awareness raising about the project 25,000 GRM operational and administrative 10,000 Monitoring the RAP implementation process 10,000 Total 100,000

Note: Compensation and other costs of RAP implementation are not included as they can only be defined once the exact number of PAPs and types of assets to be acquired are known.

12 MONITORING AND EVALUATION ARRANGEMENTS

12.1 General Objectives of Monitoring and Evaluation

Evaluation and monitoring are fundamental components for projects that require resettlement and also for the eventual Resettlement Action Plan. The monitoring and evaluation procedures of the LESSAP will include internal and external evaluation of the compliance of the actual implementation with objectives and methods as agreed herein and monitoring related to compensation and/or relocation.

LEC and RREA are responsible for monitoring RAP implementation. The RAP will identify and state monitoring indicators to measure that compensation and resettlement assistances provided to PAPs are/have been adequate to restore their livelihoods. LEC and RREA shall be responsible for tracking progresses toward restoring PAPs living standards to pre-project level or better. They shall maintain a complete database on every individual impacted by the project’s land use requirements including economic and physical displacements such as relocation/resettlement and compensation, land impacts or damages.

12.2 Monitoring

Monitoring shall be a key component of the implementation of the resettlement action plan. The objective of monitoring shall be to make a periodic evaluation in order to determine if affected people have been fully compensated prior to implementation of the project and if the people who were affected are now living at an equal or higher standard than before or if they are poorer than before. Monitoring also allows the implementing agency to take corrective actions if necessary.

In view of the above, the resettlement and compensation plans shall set key socioeconomic goals by which to evaluate their success, such as whether affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and whether there or not there is conflict. In order to assess whether these goals are met, the RAPs will use the following parameters and verifiable indicators to measure the performance of resettlement and compensation plans:

• Number of PAPs relocated/resettled • Number of vulnerable people assisted • Type of support provided during the transition period • Type of assistance provided to PAPs • Number and nature of complaints filed by PAPs • Compensation payment processing and delivery time • Number of PAPs who are better off as a result of the resettlement assistance Number of PAPs who are worse off as a result of the project • Standard of housing compared to before • Livelihoods compared to before • Ability of individuals and families to re-establish their pre-displacement activities, land and crops or other alternative sources of income • Pastoral and agricultural productivity of new lands

• Number of complaints amicably resolved and unresolved/pending • Functioning of the GRM • PAPs access to the GRM • General satisfaction of PAPs with resettlement and compensation

Questionnaire-derived data will be entered into a database for comparative analysis at various stages of RAP implementation. Where possible, data will be disaggregated and reported by gender, youth, people with disabilities and other disadvantaged groups.

12.3 Evaluation

The following are the objectives of the evaluation:

a) Assessment of the compliance of RAP implementation with general objectives and methods as set out in the RAP. b) Assessment of the compliance of RAP implementation with the laws of Liberia and safeguard policies of the World Bank. c) Assessment of the consultation procedures that took place at the community level, together with the involvement of the Local Traditional Councils and the Project Team. d) Assessment of fair, adequate and prompt compensation as they have been implemented. e) Evaluation of the impact of the compensation on income and standards of living. f) Identification of actions as part of the on-going monitoring to improve the positive impact of the project and mitigate any negative impacts.

Completion Audit

LEC/RREA will commission an audit to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed. The audit will be conducted by an independent third party. This completion audit will verify that all e RAP measures have been delivered and all services provided. The audit will also evaluate if the mitigation actions prescribed in the RAP have had the desired effect. The baseline conditions of the affected parties before the project will be used as a measure against their socio-economic status after the resettlement.

In addition to the final RAP audit and prior to start of civil works, the post compensation and resettlement assistance completion report shall be carried out and will be submitted to the Bank prior to clearing the site or removing the PAPs. Upon getting the Bank clearance, impact sites will be cleared and handed over to the contractor.

ANNEX 1: RAP Verification Form

Property Code: Location of Property: Name of Owner: Sex:

Type of Property (Farm/Crops or Structure/Building): Type of Structure (mud, concrete, zinc, etc.):

Total Dimension (in square feet): Geographic Coordinates: Type of Crops: Number and type of Trees: Category (Fully Affected or Partially Affected): US$ rate per sq. ft./Crop: Total Appraised Value for Structure: Signature of Owner: Verifier(s): Name Signature 1. 2. 3. 4.

Reviewed by: Name: Signature: Verification Date:

ANNEX 2: Project Land Requirement and Utilization Form

Form No. RPF 01

EXISTING LAND RESOURCES: Acres

1. Location of Project: Town: Clan District County

2. Current land tenure/ownership at proposed location Individual land acres Group land (NGOs, CBOs) acres Communal land acres Government (public) land acres

TOTAL LAND RESOURCES acres

3. Proposed Project land requirement acres

4. Agreement to meet project land requirement, as per Meeting of .…/…/……(day/month/year) and confirmed by the Project Team on …../…/…. (day/month/year)

ANNEX 3: Annotated Outline for Preparing a RAP

This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank external website.

The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context.

A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following:

Description of the sub-project: General description of the sub-project and identification of subproject area or areas.

Potential Impacts: Identification of the: (i) the sub-project components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation.

Objectives: The main objectives of the resettlement program as these apply to the sub-projects.

Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering:

(i) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (iii) Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic; (iv) Information on vulnerable groups or persons, for whom special provisions may have to be made; and (v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions.

There may be other studies that the RAP can draw upon, such as those describing the following:

(i) Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title- based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area; (ii) Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project; (iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non- governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

Legal Framework: The analysis of the legal and institutional framework should cover the following:

(i) Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc.; (ii) Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the sub-project; (iii) Relevant laws (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc., related to displacement and resettlement, and environmental laws and social welfare legislation; (iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; (v) Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and the mechanisms for addressing such gaps; and (vi) Legal steps necessary to ensure the effective implementation of RAP activities in the subprojects, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc., and which are specific to the sub-projects.

The institutional framework governing RAP implementation generally covers:

(i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation; (ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and (iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes.

Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.

Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates).

Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of ESS5. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information.

Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following:

(i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites; (iii) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and (iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled.

Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described.

Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

Community Participation: Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include:

(i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities; (ii) Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and

(iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented.

The consultations should cover measures to mitigate the impact of resettlement on any host communities, including:

(i) Consultations with host communities and local governments; (ii) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to PAPs; (iii) Conflict resolution involving PAPs and host communities; and (iv) Additional services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms.

RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc.).

Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project.

Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement.

Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation.

ANNEX 4: Major Tree Crops and Price per Tree – Ministry of Agriculture MoA Tree Crop Price for Crops on Public or Private Lands - 2013

ANNEX 5: Real Estate Valuation Guideline, Liberia Revenue Authority

ANNEX 6: Survey instruments (Sample Questionnaire)

Proposed Survey of all communities

1. Name of Investigator: ______DATE______

2. Name and Status of Respondent: (Specify if village chief, family head, opinion leader. official or other)

3. Description of the locality Name of the locality GPS coordinates Type of locality Corresponding community and county

4. Basic information on the locality/Area • Population: • Ethnic groups: • Economic activities: • Land use description of the corridor:

(Specify the kind of lands located on the corridor of the line according to appropriate indicators, development site, and plots of lands) - Land tenure description on the corridor: (Specify if community lands/private lands, owners/tenants, or any other to be specified) Number of houses and/or farms located on the corridor.

5. Economic Data

Estimates of annual agricultural income by type of crops (specify area in acres) Crop Area (acres) Income ($)

Average cost of crop land (specify are in acres) Average cost of land plot (development site) (specify area in acres) Average costs of economic trees which can be located on the corridor

Tree Type Cost per tree ($)

(Detail costs according to type of trees: palm tree, mango tree, etc.

6. Cultural Data - Name of traditional authority Description of traditional authority structure (e.g. Does the community have a paramount or divisional chief? Describe highest position in relation to traditional area. 83

Main religious groups (Estimate population of each group)

7. Do you have any comments, questions or specific details to add?

ANNEX 7: Socio-Economic Baseline Survey Questionnaire

Reference No……………………………………………………

1. Name of respondent ……………………………………………………………….. Address……………………………………………………………………………… 2. Next of Kin……………………………………………………………………………

3. What is to be compensated? Property / Farm Land

4. Property/Farmland (GPS Recording)………………………………………………….

5. Chiefdom/County………………………………………………………………….

6. Ward/Council……………………………………………………………………...

7. What is the Gender of the respondent? Male / Female

8. What is the age respondent 9. What is the respondent’s Ethnic group? ……………………………………………

10. What is the respondent’s religion? …………………………………………………..

11. How many dependents does the respondent have? ………………………………..

12. What is the respondent’s occupation/employment? ………………………………..

13. What health problems in this chiefdom/town/village? ………………………………..

14. Are there any sites/shrines/objects on the proposed right of way which are of specific historical reference to the chiefdom/town/village? YES/NO If so, what are they? …………………………………………………………………….. What specific historical events do they represent?......

15. Do you have any sites/objects that you consider very attractive for tourist attraction on the RoW? YES/NO What are the sites?...... What makes them attractive?......

16. Who owns the land in this town/village?......

17. Do you own this area of land? YES/NO If no, who owns this piece of land?...... If you own the land, do you have tenant farmers? YES/NO

18. What is the tenure arrangements (for tenant farmers and land owners)?...... 85

………………………………………………………………………………………………

19. What crops are grown on the land? Please state the approximate percentage of the main types of crops. Cash Crops… ...... % Food crop (for sale) ...... % Food crop (for own consumption) ...... % Cash crops (dominant) ...... % Cash crops (small quantities) ...... % Food crops……………………………………………………………………………….. ……………..………………………………………………………………………………………

20. Do you practice animal husbandry, please list the animals?...... …………………………………………………………………………………………… … 21. Is farming your only source of income? YES/NO What other sources of income do you have?......

22. What positive expectations do you think the project will bring? Please also state reasons. What problems do you envisage the proposed power transmission line will bring to the chiefdom/town/village? Please also state reasons. Has part of the land in your chiefdom/town/village been used for similar projects? YES/NO What project/organization?...... What problems did you have with the organization?...... How did the project benefit the chiefdom/town/village?...... ……………………………………………………………………………………………. 23. How will compensation monies for this area be divided between you and your family and /or the land owner (as relevant)?......

24. Do you have a preference for the compensation money to be divided between the tenant and landowner, if so please write the names and percentages? YES/NO ………………………………… ………………….% ………………………………… ………………….% …………………………………. ………………….% ……………………………………. ………………….%

ANNEX 8: Sample Grievance and Resolution Form

Name (Filer of Complaint): ID Number: (PAPs ID number) Contact Information : (Village ; mobile phone)

Nature of Grievance or Complaint:

Date Individuals Contacted Summary of Discussion

Signature Date: Signed (Filer of Complaint): Name of Person Filing Complaint : ( if different from Filer) Position or Relationship to Filer:

Review/Resolution Date of Conciliation Session: Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of Field Investigation

Summary of Conciliation Session Discussion:

Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below:

Signed (Conciliator): Signed (Filer): Signed (Independent Observer):

Date: