Updated Resettlement Framework (Rf)

Public Disclosure Authorized

Railway Improvement and Safety for Egypt Project (RISE) for Railway Corridor Alexandria - Nag Hammadi Project Public Disclosure Authorized UPDATED RESETTLEMENT FRAMEWORK (RF)

Public Disclosure Authorized Prepared by: Integral Consult©

Cairo Office: 2075 El Mearaj City, Ring

Road, Maadi – Cairo – Egypt

Phone +202 2 25204515 Fax +202 2 25204514

A Member of

Public Disclosure Authorized Environmental Alliance

December, 2020

Updated Resettlement Framework (RF)

ã Integral Consult Cairo Office 2075 El Mearaj City, Ring Road, Maadi – Cairo - Egypt Phone +202 25204515 • Fax +202 25204514 Doha Office 6th Floor Al Mana Tower B, Al Sadd, C-Ring Road, P.O Box. 55781 Tel: +974 4466 4203, +974 4455 0483 Fax +974 4466 7843 Email: [email protected]

Railway Improvement and Safety for Egypt Project (RISE) for Railway Corridor Alexandria - Nag Hammadi Project

Contributors to the Study

 Dr. Amr Osama, Integral Consult President  Dr. Anan Mohamed, Social Development Consultant

TABLE OF CONTENTS

List of Tables ...... vii

List of FIGURE...... viii

ACRONYMS ...... 1

Glossary ...... 2

EXECUTIVE SUMMARY ...... 9

1 Introduction ...... 25

1.1 The Justification of Preparing a RF ...... 25

1.2 The Resettlement Framework RF ...... 26

1.3 Objectives of the RF ...... 26

2 Project description ...... 28

2.1 Component (1): Improvement of safety and operational efficiency on the entire railway line Alexandria – Cairo – Nag Hammadi ...... 28

2.2 Component 2: Enhancement of Operations Safety Systems and Station Improvements ...... 34

2.3 Projects’ Impacts ...... 35

2.3.1 Positive Impacts ...... 35

2.3.2 Negative Impacts ...... 35

2.4 Land Acquisition and Resettlement Status ...... 36

3 Legislative Framework for Resettlement in Egypt ...... 40

3.1 Main legislations and guidelines ...... 40

3.2 ENR’s Approach for Securing Land Plots ...... 44

3.2.1 ENR Land Screening Practices ...... 46

4 World Bank Requirements ...... 48

5 Gaps Analysis Between EGYPTIAN Legislations and The World Bank ESS5...... 50

6 Eligibility Criteria for Affected Persons ...... 60

6.1 Defining Affected Persons...... 60

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6.2 Eligibility Criteria ...... 60

7 Methods of Valuation of Affected Assets and Compensation ...... 63

7.1 Asset Valuation...... 63

7.2 Compensation ...... 63

7.2.1 Forms and Calculation of Compensation ...... 64

7.2.2 Land Compensation ...... 64

7.2.3 Crop and Trees Compensation ...... 65

7.2.4 Compensation for Sacred Sites ...... 66

7.2.5 Vulnerable Groups ...... 66

7.3 Entitlement Matrix ...... 67

7.4 Organizational Arrangements and Procedures for Delivery of Entitlements ...... 78

7.4.1 Institutional and Organizational Arrangement of ENR ...... 78

8 CONSULTATION AND DISCLOSURE ARRANGEMENTS ...... 80

8.1 Consultations during project implementation ...... 80

8.2 Information disclosure and local access to information ...... 81

9 Grievance Mechanisms (GM) ...... 82

9.1 The project GM ...... 82

9.1.1 Grievance Channels ...... 82

9.2 Grievance Cycle ...... 82

9.2.1 Grievances’ Tiers Composition ...... 83

9.2.2 Response to Grievances ...... 83

9.2.3 Registration of Complaints ...... 83

9.2.4 Confidentiality ...... 84

9.2.5 Management of GM ...... 84

9.2.6 Monitoring of Grievances ...... 84

9.2.7 Disclosure of grievances ...... 84

9.3 Current GM Central/ Institution level utilized by ENR ...... 85

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9.3.1 Grievance Channels at the central level ...... 85

10 Funding Arrangements...... 86

11 Monitoring and Evaluation Arrangements...... 87

11.1 Indicators ...... 87

11.2 Record Keeping ...... 88

12 References ...... 89

Annex 1: Land Screening Form...... 90

Annex 2: Master lists for Cairo Banha, Cairo Beni Suef, Beni Suef – Asyut and Asyut- Nagh Hammadi Project ...... 93

Annex 3: Government of Egypt’s Relevant Legislation ...... 114

Annex 4: RP Preparation, Review and Approval ...... 119

Annex 5: Grievance Form and log ...... 124

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LIST OF TABLES

Table 1-1 Description of Component 1 and its sub components- RISE Project ...... 9

Table 2-1 Description of Component 1 and its sub components- RISE Project ...... 28

Table 2-2Capacity of Cairo/Beni Suef Line ...... 32

Table 2-3 Distribution of existing technical buildings along the lines ...... 37

Table 3-1: National regulations related to Involuntary Resettlement ...... 41

Table 3-2: Type of land ownership in Egypt ...... 44

Table 5-1: Comparison of Egyptian regulations with the WB Standards and measures for bridging the gaps ...... 51

Table 6-1: Possible Losses from Land Acquisition ...... 60

Table 6-2: Criteria for Eligibility (WB ESF - ESS5) ...... 61

Table 7-1: Types and Examples of Affected Assets and the Method of Valuation ...... 63

Table 7-2: Forms of compensation and calculation methods ...... 64

Table 7-4: Entitlement Matrix for Affected Persons ...... 68

Table 11-1: Sample indicators ...... 88

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LIST OF FIGURE

Figure 2-1Progress along Cairo/Alex line in terms of technical buildings and trenching sections completed ...... 30

Figure 2-2 Progress along Cairo/Benha line in terms of technical buildings and trenching sections completed ...... 31

Figure 2-3 Stations and technical buildings along the segment ...... 31

Figure 2-4 Progress along BSA line in terms of technical buildings and trenching sections completed ...... 33

Figure 2-5 Progress along ANH in terms of technical buildings and trenching sections completed ...... 34

Figure 2-6: A photos of the proposed site for the new main technical building in new Bashteel station ...... 38

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ACRONYMS

Abbreviation Abbreviation Full wording CSOs Civil Society Organizations CTC Central Traffic Control Buildings ENR Egyptian National Railways ESF Environmental and Social Framework EC Estimation Committee ESIA Environmental and Social Impact Assessment ESS Environmental and Social Standards FGDs Focus Group Discussions GM Grievance Mechanism LAL Land Acquisition Law MTB Main Technical Buildings MoT Ministry of Transport NGOs Non-Governmental Organization PAPs Project Affected Persons PMU Project Management Unit RP Resettlement Plan RF Resettlement Framework SDO Social Development Officer SEP Stakeholders Engagement Plan STB Secondary Technical Buildings TOR Terms of Reference WB World Bank

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GLOSSARY

Terminology Explanation

Census Household survey that covers all Project Affected Persons irrespective of entitlement or ownership. It provides a complete inventory of all project affected persons and their assets. It can be used to minimize fraudulent claims made by people who move into the area affected by the project in the hope of being compensated and/or resettled. Compensation Payment in cash or in kind to replace losses of land, housing income, and other assets caused by the project. Cut-off Date The date of the census prior to which, the occupation or use of the project area, qualifies residents or users of the project area as affected persons. Environmental and Social A systematic procedure for enabling the possible Impact Assessment (ESIA) environmental and social impacts of development projects to be considered before a decision is made as to whether the project should be given approval to proceed. Environmental Impact An effect (both positive and negative) on an environmental resource or value resulting from infrastructure development projects. Full replacement cost A method of valuation yielding compensation sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Where functioning markets exist, replacement cost is the market value as established through independent and competent real estate valuation, plus transaction costs. Where functioning markets do not exist, replacement cost may be determined through alternative means, such as calculation of output value for land or productive assets, or the undepreciated value of replacement material and labor for construction of structures or other fixed assets, plus transaction costs. In all instances where physical displacement results in loss of shelter, replacement cost must at least be sufficient to enable purchase or construction of housing that meets acceptable minimum community standards of quality and safety. Transaction costs include administrative charges, registration or title fees, reasonable moving expenses, and any similar costs imposed on affected persons. In the case of land value, calculation is based on market value of land of equal productive potential or use, located in the vicinity of 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 taxes.

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Terminology Explanation Forced Eviction “Forced eviction” is defined as the permanent or temporary removal against the will of individuals, families, and/or communities from the homes and/or land which they occupy without the provision of, and access to, appropriate forms of legal and other protection, including all applicable procedures and principles in this ESS5. Displaced Persons Persons who are affected by the involuntary taking of land and / or the involuntary restriction of access to legally designated parks and protected areas. Grievance Mechanism Mechanism available at the project level for persons affected under the project to submit project related grievances and complaints, and to seek redressal for these. Involuntary Resettlement The unavoidable displacement of people and/or impact on (IR) their livelihood, assets and common property resulting from development projects that create the need for rebuilding their livelihood, sources of income and asset bases. Land Acquisition Refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: (a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; and (b) repossession of public land that is used or occupied by individuals or households. “Land” includes anything growing on or permanently affixed to land, such as crops, buildings and other improvements. Livelihood Refers to the full range of means that individuals, families and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource- based livelihoods, petty trade and bartering. Monitoring The process of repeated observations and measurements of environmental and social quality parameters to assess and enable changes over a period of time. Project Affected Person Refers to all the people who, on account of the activities (PAPs) and Displaced listed above, would have their: (1) standard of living persons adversely affected; or (2) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed temporarily or permanently; (3) access to productive assets adversely affected, temporarily or permanently; or (4) business, occupation, work or place of residence or habitat adversely affected; and “displaced person” means any of the displaced persons.

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Terminology Explanation Includes any people, households, firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently ore temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. Public Involvement The dialogue encompassing consultation and communication between a project proponent and the public. It includes dissemination, solicitation and presentation of information Rehabilitation/ Resettlement A term often used to describe the process of re-establishing lifestyles and livelihoods following resettlement. The term is also used to describe construction works that bring a deteriorated structure back to its original conditions. Resettlement Plan (RP) A time-bound action plan with a budget, setting out resettlement strategy, objectives, options, entitlements, actions, approvals, responsibilities, monitoring and evaluation Restrictions on Land Use Refers to changes in or prohibitions on agricultural, residential, commercial or other land uses that are directly introduced and put into effect as part of the implementation of the project. These may include restrictions on access to legally designated parks and protected areas, restrictions on access to other common property resources, restrictions on land use within utility easements or safety zones, etc. Social Impact An effect (both positive and negative) on a social issue resulting from infrastructure development projects. Stakeholders Those who have an interest in project development and who will be involved in the consultative process, and includes any individual or group affected by, or that believes it is affected by the project; and any individual or group that can plan a significant role in shaping or affecting the project, either positively or negatively, including the host community/population. Vulnerable Groups Distinct groups of people who might suffer excessively from resettlement effects, such as, the old, the young, the persons with disabilities, the poor, isolated groups and female headed households (single-mothers, widows, etc.).

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EXECUTIVE SUMMARY

i. Introduction

The purpose of the Resettlement Framework (RF) is to clarify resettlement principles and organizational arrangements for Railway Improvement and Safety for Egypt (RISE) project. Acquisition of new land is not anticipated under RISE as all activities are expected to take place within ENR’s established Right of Way. However, economic or physical displacement impacts may occur in scenarios where ENR repossesses land that is used or occupied by individuals or households for project activities. These instances are determined when detailed designs and site locations are finalized, or sub-projects are selected, and are thus not known at this time. This RF provides a framework for screening all project activities and covers all potential scenarios where any land is repossessed or newly acquired as part of the project, the latter case as a precautionary measure, since it is not expected. Where any type of land acquisition occurs, Resettlement Plans (RPs) proportionate to potential risks and impacts shall be prepared to address any adverse impacts to project-effected persons in a manner consistent with ESS5 and this RF. The RP will vary depending on the complexity of resettlement. The RP will vary depending on the complexity of resettlement. The various steps in preparing a RP have been outlined in this document. 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 and PAPs have been compensated prior to the start of physical works. The implementation of the RF and the potential RP are the responsibility of the ENR’s Project Management Unit (PMU).

The overall aim of RF is to provide a process for identifying individuals likely to be impacted, regardless of their legal status by the RISE activities, assessing the severity of the impact, and outlining the process for preparing Resettlement Plans. Further, the RF aims at ensuring that project affected persons (PAP) are fairly, appropriately and transparently compensated for their loss of land (whether permanently or temporarily), assets and/or loss of access to natural resources, which affect their livelihood.

ii. Project Description

Component (1): Improvement of safety and operational efficiency on the entire railway line Alexandria – Cairo – Nag Hammadi

Table 1-1 Description of Component 1 and its sub components- RISE Project Component 1 Sub-component Description Funded by 1- Cairo – Giza – - Signaling modernization on Cairo - Giza - Beni Suef RISE Project Beni Suef segment including automatic blocks, electronic signaling interlockings, level-crossing protection, automatic train control wayside equipment

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system - Related track upgrade works in some areas modernization 2- ENRRP - ENRRP rollover of pending signaling upgrades in the RISE Project rollover of lines Alexandria- Arab El Raml, Benha – Cairo, Cairo pending – Beni Suef – Asyut, and Asyut – Nag Hammadi signaling including automatic blocks, electronic upgrades interlockings, level-crossing protection, automatic train control wayside equipment 3- Rollover of - ENRRP track upgrade works necessary to ensure Government ENRRP track the functionality of the signaling equipment in Fund rehabilitation selected stations of the lines Alexandria- Arab El works related Raml, Benha – Cairo, Cairo – Beni Suef – Asyut, and with signaling Asyut – Nag Hammadi functionality

Component 2 consists of 3 sub-components (i) upgrade of the existing asset management database system with modules and features to improve safety performance, (ii) rehabilitation of train stations and (iii) developing a safety-first culture at ENR. Specific activities and locations relevant to Component 2 interventions have not yet been identified. Therefore, an environmental and social management framework (ESMF) was developed.

Component 3 will finance Project management and Capacity building activities.

The Railway Improvement and Safety for Egypt project (RISE) covers a 760 km linear segment of Egypt National Railways (ENR)’s existing 5,000 km railway network, that is divided into 5 sub-segments extending from Alexandria in the North, to Nag Hammadi in the South:

1. Alexandria – Arab El Raml of length 163 Km 2. Cairo - Benha of length 45 Km 3. Cairo - Giza – Beni Suef of length 125 Km (the new segment) 4. Beni Suef – Asyut of length 250 Km 5. Asyut – Nag Hammadi of length 180 Km

Works planned for the modernization of signaling and upgrading of tracks include:

• The upgrading of signaling installations along the five segments, the speed is upgraded to 160 Km/h: • Fully new automatic blocks (with contraflow signaling) with color light signals, • Creation of the track circuits, • Cancelling all mechanical interlocking and electrical relay interlocking installations, • Creation of new electronic interlocking systems according to the new track layout • Renewing all signaling ground installations, including laying cables and civil works (some sub-water line laying of cables), excluding track installations, • Installation of all the point motors for the switches controlled by the CTC, • Fully new automatic level crossings, not including the civil works.

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• Rehabilitation of all the buildings required for the operation of the line • Track upgrade iii. Legislative Framework for Resettlement in Egypt

Egyptian legislations are broadly consistent with the WB’s ESF -ESS5. This includes:

• The requirement to pay compensation in case of compulsory acquisition of land • The requirement to compensate for losses, whether temporary or permanent in production or damage to productive assets and crops; and • The provision for pre-judicial avenues for resolution of disputes and rights of appeal. However, there are a number of specific areas where provisions required under WB ESF - ESS5 extend beyond those required under Egyptian legislation. These are as follows:

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Comparison of Egyptian regulations with the WB Standards and measures for bridging the gaps Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Calculation of The unit rates used for Compensation for lost land and assets will The project will apply the principle of full Compensation compensating property and assets be offered at full replacement cost and replacement cost as defined in this RF and are estimated according to the other assistance ESS5. prevailing prices at the time of the as may be needed to help them improve or "In most cases, prevailing market price plus expropriation decision, and at least restore their living standards or mandated 20% top-up, can reflect the additional twenty percent of the livelihoods replacement cost of affected land and value of the estimate is included in assets. In case, there is no market price as the compensation based on law No. As such, where physical or economic reference for some affected assets, the 24/ 2018, and Law 187/2020, which displacement is unavoidable, the Bank compensation rate will be determined also include committing the project requires the borrower to develop an based on replacement cost in consultation proponent to deposit the value of acceptable Resettlement Plan. The plan with affected persons. the compensation in no more than should incorporate and follow the right to 3 months from the public interest due process, and to meaningful and ENR will prepare Resettlement Plans in decree issuance date. culturally appropriate consultation and accordance with ESS5 and this RF. participation, including that of host Egyptian legislation does not communities. recognize full replacement cost.

Compensation eligibility Under Egyptian law, the only • Eligibility Criteria for compensation All affected persons including squatters, will be considered for compensatory The right of squatters people and entities entitled for under WB ESF - ESS5: compensation are those with measures in accordance with this RF and (a) those who have formal legal rights to registered property rights, for ESS5. land (including customary and example, registered landowners, traditional rights recognized under the Resettlement assistance should be occupants, users and those with provided in order to improve the PAPs laws of the country); registered third party rights or livelihoods or at least to restore to pre- those who have legally obtained (b) those who do not have formal legal displacement levels or to levels prevailing the right to register their title but rights to land, at the time the census prior to the beginning of project whom, for some reason, have not begins, but have a claim to such land or implementation, whichever is higher.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps completed registration. This assets; provided that such claims are Accordingly, those who are using land but potentially disqualifies many recognized under the laws of the country have no recognizable legal rights or claim categories of affected people that or become recognized through a process will be compensated for their investments would be entitled to compensation identified in the resettlement plan; on the land. under the WB ESF - ESS5. (c) those who have no recognizable legal All Project Affected Persons should be Egyptian legislation has not right or claim to the land they are compensated for their loss of assets, recognized the rights of squatters. occupying (squatters). regardless to their legal status. Under the WB ESS all the land users The Borrower will not resort to forced affected by a project are subject to evictions. PAPs will be made aware of the compensatory measures. Squatters are project grievance mechanism. provided with resettlement assistance, in lieu of compensation for land. The borrower will not resort to forced evictions of affected persons. See below.

Tenants ENR is permitted to terminate legal • Compensation and prior notice. In cases of repossession of the leased lands lease arrangements with its ownership "ENR property" that is used by • The Borrower will not resort to forced tenants. Previous versions of the individuals for agriculture or any economic evictions of affected persons. tenancy contract template activities; • between ENR and land tenants Tenants shall be provided with adequate notice in advance of change or stipulates that dues shall be paid cancellation of lease back to the tenant if they have • First ENR forms a committee to estimate overpaid, and he shall be notified the magnitude of the impact on the PAPs at least one month in advance. as a result of loss of income However the current version of the • Ensure that the land is free of any crops contract template omits these or trees, otherwise compensation must requirements. be paid for it

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps • The rental value of the land that has been deducted for the benefit of the project must be dropped before recovering the land, • Particular attention is paid to vulnerable groups, and resettlement assistance customized to the needs of affected persons is provided. • The Borrower will not resort to forced evictions. PAPs will be made aware of the project grievance mechanism. Resettlement assistance Affected people are to be offered support Specific assistance will be designed and Not included. However, the unit included in the Resettlement Plan. rates used for compensating after displacement, for a transition period property and assets are estimated according to the prevailing prices at the time of the expropriation decision, and additional twenty percent of the value of the estimate is included in the compensation based on law No. 24/ 2018, and Law 187/2020, which also include committing the project proponent to deposit the value of the compensation in no more than 3 months from the public interest decree issuance date.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Vulnerable groups Egyptian regulations have not The WB ESF - ESS5 stipulates the Particular attention will be paid to the addressed how vulnerable groups importance of paying attention to needs of Vulnerable Groups among those

affected by expropriation of vulnerable groups. displaced. Those groups will be. property should be treated. Identification of the characteristics and

needs of vulnerable groups will be done

through the preparation of Resettlement Plans. Provisions on assistance to vulnerable groups will be included in the resettlement plans Livelihood restoration Under the WB ESF - ESS5, loss of income Egyptian regulations do not specify resulting directly from project • ESS5 principle regarding income income restoration allowances restoration will be taken into where the PAPs incurred losses of implementation should be compensated account. Therefore, those whose business income. for. ESS5 makes provisions for loss of income income is going to be affected will be

sources or means of livelihood, whether or compensated for the loss of profit not the affected persons must move to and income until such time as their another location. It requires that PAPs income is restored to pre-project should be assisted in their efforts to levels. improve their livelihoods and standards of • For tenants, it must be ensured that living or at least to restore them, in real there are alternative sources of income terms, to pre-displacement levels or to for the tenants (agricultural land, trade, levels prevailing prior to the beginning of employment, etc.) other than the project implementation, whichever is acquired land, as much as possible. higher.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Consultation and Egyptian law stipulates that PAPs WB ESS10 on Stakeholder Engagement and The project should launch systematic Information Disclosure be provided with timely and Information Disclosure focuses on that Stakeholder engagement activities, as per relevant information. However, “the timely disclosure of relevant project the Stakeholder Engagement Plan (SEP)

they are not consulted on information enables stakeholders to that would continue during the project resettlement options or the understand the project’s risks, impacts and lifetime. relevant information and are not opportunities. Mindful of this and as All PAPs should be consulted on land able to participate in planning, foreseen in the Stakeholder Engagement acquisition impacts. Participatory planning implementing and monitoring Plan, the borrower will provide identified and decision making should be applied in resettlement stakeholders with relevant information in a resettlement options and compensation. timely and appropriate manner. The

borrower will further disclose and grant Affected groups should have access to full access to relevant information to any other information about the resettlement interested party as appropriate. process and options for compensation Under WB ESS10 the affected communities and individuals should be consulted and contribute to the processes of land acquisition and resettlement. Consultation with the affected PAP should be documented.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Grievances Mechanisms Egyptian law allows the creation of The Grievance Mechanism according to A project-level GM consistent with ESS10 (GM) “Specialized Committees” to WB ESS10 p. 100 is “The Grievance will be established and will be shared with address grievances originating Mechanism will be proportionate to the PAPs. All petitions will be considered and from misunderstandings of project potential risks and impacts of the project responded to and a due procedure of policy, or resulting from conflicts and will be accessible and inclusive. Where handling and managing grievances will be among neighbors. The law allows feasible and suitable for the project, the set. one month to object to the decision grievance mechanism will utilize existing PAPs will be informed that they can take of resettlement, four months to formal or informal grievance mechanisms, the case to the court If need arises, seek redress to the compensation supplemented as needed with project- aggrieved people would however remain value and three months in case of specific arrangements. free to open a Court case without having dispute between several (a) The grievance mechanism is expected registered their grievance with the GM. individuals or parties on a single to address concerns promptly and property. effectively, in a transparent manner that is Court cases in Egypt are known to culturally appropriate and readily require long periods of time before accessible to all project-affected parties, at settlements can be reached. With no cost and without retribution. The intent to address the lengthy time mechanism, process or procedure will not the Egyptian court may require to prevent access to judicial or administrative process and resolve disputes. remedies. The Borrower will inform the project-affected parties about the In ENR’s Approach for Securing grievance process in the course of its Land Plots; The contract Articles community engagement activities, and will included in the ENR's lease make publicly available a record contracts do not include any Article documenting the responses to all that gives the right to the second grievances received; and party (tenant/ user) go to court to the judiciary or grievance in the (b) Handling of grievances will be done in a case of termination of the contract. culturally appropriate manner and be discreet, objective, sensitive and

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps responsive to the needs and concerns of the project-affected parties. The mechanism will also allow for anonymous complaints to be raised and addressed The cut-off date There is no cut-off date under the The WB identifies a cut-off date in order to The cut-off date will be differing according Egyptian laws. prevent people influx to the project area. to the project activities. It will be This measure is stipulated in order to determined separately for each project protect the project owner and to prevent activities. The cut-off date will be the day wasting of resources. The Egyptian laws when the census starts for the preparation never set a cut-off date. The cut-off date is of the site-specific RPs. the day the census starts. Determining the project activities that require land, whether it is within the railway's property or not, depends on the land screening form (found in annex 1), so the cut off date can be based on the date of applying this form. Because it is related to determining all project activities according to the extent of their impact on lands and livelihoods.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Resettlement planning There is presently no requirement When there is impact on land and ENR in compliance with the WB procedures and procedural to prepare a formal Resettlement livelihoods or a WB funded project will should prepare site-specific Resettlement requirements Plan (RP) under the Egyptian law, result in restriction of access, the project plans, when needed. nor to undertake any of the requires to prepare a formal Resettlement In addition, the consultation activities will component activities of a Plan (RP). In order to prepare the RP, it is be implemented during the project lifetime resettlement plan such as, a necessary to undertake the component and as part of the preparation of the RPs. ‘census’, socio-economic survey, activities of a resettlement plan such as, a consultation with project affected ‘census’, socio-economic survey, people, monitoring or reporting. consultation with project affected people, Moreover, there are no specific monitoring or reporting. references in the legislation to ‘involuntary resettlement’. Also, there is no explicit consultation requirement in the Egyptian law’.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Monitoring and The absence of monitoring and According to WB ESF - ESS5 the projects Monitoring of the resettlement activities Evaluation evaluation measures in Egyptian including resettlement or land acquisition during the project implementation as laws illustrates differences need to follow up the implementation of detailed in this RF should be performed. As

financed projects. The lack of facilitate community-driven monitoring, equivalency between the Bank’s where practical and acceptable by the and Egyptian policy can negatively communities concerned. The need for impact on the very idea of the M&E by an independent party will depend consultation, decision making and upon the complexity of the resettlement disclosure principles charted in the process. In terms of reporting, the WB ESS. borrower will establish regular communication and reporting channels back to the communities and individuals impacted and concerned, whether through non-technical summaries of progress updates, engagement activities, public meetings, targeted issue-based hearings.

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v. Eligibility Criteria for Affected Persons All PAPs who suffer a complete or partial loss of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they occupied the land before the claim cut-off date. The Bank ESF - ESS5 specifically identifies three groups of affected persons:

• Persons who have formal legal rights to land or assets • Persons who do not have formal legal rights to land or assets, but have a claim to land or assets that is recognized or recognizable under national law • persons who have no recognizable legal right or claim to the land or assets they occupy or use.

vi. Methods of Valuation of Affected Assets and Compensation WB ESF - ESS5 requires that resettlement and compensation plans provide effective compensation at full replacement cost for losses of assets attributable directly to a Bank- financed project, prior to any land acquisition and construction works. Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account in determining their value. For losses that cannot easily be valued or compensated in monetary terms such as access to public services, customers, and grazing, the Bank-financed project shall provide access to equivalent and culturally acceptable resources and earning opportunities. Where Egyptian law does not meet the standard of compensation at full replacement cost, compensation under Egyptian law is supplemented by additional measures necessary to meet the replacement cost standard defined in ESS5. Land and assets will be valued and compensated according to the World Bank ESS5, Egyptian regulations and ENR practical operations and procedures, using tools developed for ENRRP. Compensation will be provided to all individuals whose assets, (land, crops and/or trees) or access to assets is affected or damaged, as a consequence of land acquisition or any other activities undertaken by the projects. The compensation for the loss of physical and nonphysical assets will vary depending on the type of loss, and eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, and/or assistance.

All PAPs will be entitled to monetary compensation at replacement cost, at market value (at the entitlement cut-off date) for affected tangible assets. Another option may be in- kind compensation where the affected assets would be replaced with an asset of similar size, value, and quality. The decision on which type of compensation is used should be jointly agreed upon between the project staff and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance needed to restore the livelihood and standard of living of PAPs under the

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subproject to pre-project levels (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc.). vii. Consultation Activities During project implementation, when resettlement impacts are involved and a RP needs to be prepared, consultations with affected persons will be carried out by ENR through the independent consultant that is contracted for the RP preparation process. ENR will take steps to ensure that affected persons and communities can obtain relevant information relating to the project in general and the land acquisition and resettlement arrangements in particular. As a first step, the RP documents will be available to the public, in English and Arabic. Additionally, summary contents of the RF and RP, including eligibility criteria for all modes of assistance, and information regarding the project grievance procedures, will be posted in an accessible and prominent place accessible to project affected persons. Consultation and community engagement activities should take place according to World Bank Environmental and Social Standards ESS10. The Stakeholder Engagement Plan SEP to be prepared by the ENR should include a consulting plan for groups affected by the land acquisition and displacement including potential vulnerable groups. viii. Grievance Mechanism (GM) Having a grievance mechanism in place is important for PAPs to be able to find a space to submit their complaints, if any, during the project implementation. GM should be expected and planned for from the beginning of the project. The objective of a grievance procedure is to ensure that all comments and complaints from any project stakeholder are considered and addressed in an appropriate and timely manner. A GM is already in place as part the ENRRP. Contractors working on the segments of the ENRRP are aware of the GM and its’ requirements to make it functional, new contractors who will be working on Segment 3 will need to be trained on the project-level GM. For RISE, grievances will be handled at the project level by the social specialist at the Project Management Unit (PMU) in coordination with the contractors. While all GM channels mentioned below will be shared with the PAPs, land tenants and users will be advised to contact ENR. If contractors receive land related complaints, they will report within 24 hours with the Social Specialist of the PMU, who will register, follow up and find satisfactory solutions with the complainant. However, during ENRRP implementation, no complaints have been recorded. Supervision by ENR will ensure that complaints are properly handled without delay that may negatively affect the project, information is shared transparently, and accountability of the ENR to the hosting communities is clearly communicated. Below are the main channels for complaints of the project-level GM: • Complaint boxes at the entrance of the construction site, with a complaints form (Annex 5 Complaints form that was developed for the project(; • Submit an oral complaint to the site manager or contractor official;

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• Two phone numbers: available on the project identification board at the entrance to the construction sites. - Contractor's official, and it changes from one site to another - ENR official (from ENR environmental affairs department (EAD)), as part of RISE, the Social Specialist at the PMU will take over those responsibilities. Grievance are documented through the grievance log, which is designed for this project to ensure documentation and follow-up (see Annex 5 Grievance Log).

In the meantime, ENR has a complaints system for passengers and the public. The management and operation of this institutional level GM are the responsibility of the Complaints and Customer Service Directorate, which is affiliated to the Presidential Affairs Central Directorate. ENR’s institutional GM is accessible to project beneficiaries and stakeholders; thus, it is possible that project related complaints are submitted through the institutional channels. Therefore, linkages between the project-level GM and the institutional GM of ENR will be established as per the ESCP. Below are the main channels for complaints of the ENR central/ institution level: • Complaint boxes in all railway stations; • An email address linked to the ENR website ([email protected]); • A landline disclosed on the ENR website (+2 02 25748279); • A digital complaint form linked to the website of the Ministry of Transport; • Two telephone lines (01274422925 - 0225753555), and • A hotline (15047).

ix. Funding Arrangements Given that works on Component 1 are 70% complete with only one new 125 km segment (segment 3) being added in RISE, and given experience on ENRRP, the number of PAPs could be provisionally estimated for planning purposes at 100. No new land will be acquired. Land impacts are not expected under Component 2. PAPs are predominantly individual tenants at certain points along the ROW, who have legal lease arrangements requiring amendment when lands are repossessed and who may experience minor economic displacement impacts that may be temporary and easily mitigated by letting agricultural users harvest crops before impacts occur. Special assistance and livelihood restoration measures may also be provided in-kind. Therefore, a provisional budget estimate is 200,000 EGP.

Funding for resettlement costs will be processed and effected through the project’s financial processing arrangements. Funding will be processed and effected through the project’s financial processing arrangements.

Funds for implementing inventory assessments and resettlement plans will be provided by the implementing agency.

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x. Monitoring and Evaluation Arrangements In order to assess whether the goals of the resettlement and compensation plan are being met, a monitoring plan will be required. The monitoring plan includes indicators to be monitored, introduces milestones, and provides resources including responsible persons or institutions to carry out the monitoring activities. The arrangements for monitoring resettlement and compensation activities will be part of the monitoring and reporting process of the project, which will fall under the overall responsibility of the implementing agency (ENR).

In order to assess whether these goals are met, indicators capable of measuring RP performance will have to be developed. A number of objectively verifiable indicators must be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social and economic wellbeing.

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1 INTRODUCTION

The purpose of the Resettlement Framework (RF) is to clarify resettlement principles and organizational arrangements for Railway Improvement and Safety for Egypt (RISE) project. Where any type of land acquisition occurs, Resettlement Plans (RPs) proportionate to potential risks and impacts to address any adverse impacts to project-effected persons in a manner consistent with ESS5 and this RF. The RP will vary depending on the complexity of resettlement. The various steps in preparing a RP have been outlined in this document. 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 and PAPs have been compensated prior to the start of physical works. The implementation of the RF and any required RP are the responsibility of the ENR’s Project Management Unit (PMU)

1.1 The Justification of Preparing a RF

Acquisition of new land is not anticipated under RISE as all activities are expected to take place within ENR’s established Right of Way. However, economic or physical displacement impacts may occur in scenarios where ENR repossesses land that is used or occupied by individuals or households for project activities. These instances are determined when detailed designs and site locations, or sub-projects are established, and are thus not known at this time, and therefore the Resettlement Framework is the appropriate instrument.

This RF provides a framework for screening all project activities and covers all potential scenarios where any land is repossessed or newly acquired as part of the project, the latter case as a precautionary measure, since it is not expected.

Resettlement preparation and implementation is based on both Egyptian laws and regulations and the World Bank ESS5 on Involuntary Resettlement. The purpose of the Resettlement Framework (RF) is to lay out the necessary principles for social impact mitigation, and clarify the organizational arrangements that may be needed during implementation phases of the project in case the land acquisition was deemed as a necessary option that may result in impacts on assets and/or livelihoods. This includes compensating all project affected persons (PAPs) for the loss of properties and livelihoods resulting from displacement and resettlement, as well as assisting the affected people in relocation and rehabilitation.

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1.2 The Resettlement Framework RF

It is a widely accepted fact, that if left unmitigated, involuntary resettlement under development projects may give rise to economic, social and environmental risks. The purpose of the Resettlement Framework (RF) is to propose a framework to be able to handle any future cases of involuntary resettlement that may arise, as well as clarify the organizational arrangements that may be needed during sub-project preparation and implementation phases. This includes compensating all Project Affected Persons (PAPs) for the loss of lands, properties, and livelihoods resulting from displacement and resettlement, as well as assisting these people in relocation and rehabilitation. The RF may be relevant to any of the project’s activities entailing the acquisition of land and / or the displacement of people, causing the loss of land, property, assets, access, income, or sources of livelihood. This framework shall cover all the project’s activities and shall apply to all Project Affected Persons regardless of the total number affected, the severity of impact, and whether or not the Project Affected Persons have legal title to the land. Since resettlement often affects the most vulnerable and marginalized groups (economically, politically, and socially), the RF shall be particularly sensitive to the impacts which displacement may have on these groups, including the poor, landless, elderly, women, children, ethnic minorities, or persons with specific mental or physical disabilities.

1.3 Objectives of the RF

The overall aim of RF is to provide a process for identifying individuals likely to be impacted by the Railway Improvement and Safety for Egypt (RISE) Project activities, assessing the severity of the impact, and outlining the process for preparing Resettlement Plans. Further, the RF aims at ensuring that project affected people (PAP) are fairly/appropriately and transparently compensated for their loss of land (whether permanently or temporarily), and assets and loss of access to natural resources, which affect their livelihood. The Resettlement Framework will include:

• The standards and legal framework for land acquisition and resettlement. • The eligibility criteria for compensation to various categories of PAPs. • Methods of valuing affected assets for purpose of compensations. • Methods to estimate the number of potentially affected persons, including type of property and structures such as land, houses, business premises. • The implementation process of resettlement related activities and organization measures for delivery of compensation and mitigation of negative impacts. • Consultation and grievance mechanisms to be created and used during the preparation and implementation of RPs • Measures for monitoring and evaluation with specific monitoring indicators.

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This RF applies to all components of the Railway Improvement and Safety for Egypt Project (RISE) that could affect land, assets, and livelihoods. It applies to all eligible persons regardless the severity of impact and whether they have legal title to land or not.

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2 PROJECT DESCRIPTION

2.1 Component (1): Improvement of safety and operational efficiency on the entire railway line Alexandria – Cairo – Nag Hammadi

The Railway Improvement and Safety for Egypt project (RISE) covers a 760 km linear segment of Egypt National Railways (ENR)’s existing 5,000 km railway network. The 760 Km segment is divided into 5 sub-segments extending from Alexandria in the North, to Nag Hammadi in the South:

Table 2-1 Description of Component 1 and its sub components- RISE Project Component 1 Sub-component Description Funded by 1. Cairo – - Signaling modernization on Cairo - Giza - Beni Suef RISE Giza – Beni segment including automatic blocks, electronic Project Suef signaling interlockings, level-crossing protection, automatic system train control wayside equipment modernization - Related track upgrade works in some areas 2. ENRRP - ENRRP rollover of pending signaling upgrades in RISE rollover of the lines Alexandria- Arab El Raml, Benha – Cairo, Project pending Cairo – Beni Suef – Asyut, and Asyut – Nag signaling Hammadi including automatic blocks, electronic upgrades interlockings, level-crossing protection, automatic train control wayside equipment 3. Rollover of - ENRRP track upgrade works necessary to ensure Government ENRRP track the functionality of the signaling equipment in Fund rehabilitation selected stations of the lines Alexandria- Arab El works related Raml, Benha – Cairo, Cairo – Beni Suef – Asyut, with signaling and Asyut – Nag Hammadi functionality

Works planned for the modernization of signaling and upgrading of tracks include:

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• Renewing all signaling ground installations, including laying cables and civil works (some sub-water line laying of cables), excluding track installations, • Installation of all the point motors for the switches controlled by the CTC, • Fully new automatic level crossings, not including the civil works, • Rehabilitation of all the buildings required for the operation of the line, • Track Upgrades. Egypt National Rail (ENR) and Ministry of Transport (MoT) are the project owners.

Activities under this component might require land acquisition that could lead to negative impacts on land and/or livelihoods.

For the new segment (Segment 3, Cairo/Beni Suef):

• Identified locations at this stage include 19 main technical buildings, 18 are already existing (constructed many years ago) and will be rehabilitated. Only one new main technical building will be constructed as part of the RISE project on an empty land, within the boundaries of ENR land (with a wall) that was used in the past by ENR as a storage area. This land plot has been allocated today to establish several projects for ENR, including the new Bashteel station, which includes the new main technical building. • Unidentified locations at this stage include secondary technical buildings, rooms for level crossings, cabling and trenching works, temporary storage of materials, etc. For those sites the initial determination of the required land areas, location and the potential impacts have not been identified or determined yet and the area required have not determined yet. Upon confirming the land selection for this component, the relevant resettlement instrument should be prepared (e.g. resettlement plan).

For the segments that will be rolled over from ENRRP to RISE (segments 2, 3, 4 and 5): Outstanding land issues from ENRRP, that will carry forward to RISE, include retroactive documentation, and corrective actions where necessary, for 3 sites out of 7 (i. SER 1 – Beba, ii SER 18 – Deirut, iii Manqabad EIS), for the economic displacement of approximately 53 land tenants (out of 67), who partially lost rented plots without adequate prior assessment and documentation of the livelihood impact in accordance with the ENRRP RPF. The World Bank has also received documentation for 3 other sites (SER 9 - Matai, ii. SER 3 – Fashn, iii. SER 11— Minya) for the economic displacement of 8 PAPs, and these are under review by the Bank, while issues at one site (Deirut LX - 6 PAPs) have been resolved and will not need further follow up during RISE. All remaining land issues under ENRRP will continue to be supervised beyond ENRRP closing date.

Systems have been established as part of ENRRP to help ENR follow procedures to determine the land related issues prior to construction, the impacts associated with land acquisition for construction work and to identify mitigation measures and corrective measures associated

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with it. Those include, master lists with include a description and data for all construction sites, including MTBs, STBs and rooms for level crossings. In cases, where land taking might be needed, land screening forms are applied. Those forms include guidance on when to prepare resettlement plans, depending on responses to 6 questions (details are found in section 3.2.1)

2.1.1.1 Current Status of works in the Segments

The works started under ENRRP on segments 1,2,4 and 5 that will not be finalized by the closing date of ENRRP (December 2020) and will, therefore, be rolled over and financed as part of component 1 of RISE project. The following section outlines the current status of the works along the project segments.

2.1.1.2 Segment 1: Alexandria – Arab El Raml

Segment 1 is around 160 km and has 10 railway stations along its length. The map on the right in the following figure shows the expected completion date of each MTB and trenching activities by date. The contractor reported completion of 86% of the works on this line and 78% of the trenching activities.

Figure 2-1Progress along Cairo/Alex line in terms of technical buildings and trenching sections completed

2.1.1.3 Segment 2: Cairo - Benha

This segment is the shortest, with only around 45 km, and has 9 railway stations along its length. The map on the right shows the expected completion date of each MTB and trenching activities by date, also around 44% of the total works on this segment are done, and around 78% of the trenching activities as well.

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Figure 2-2 Progress along Cairo/Benha line in terms of technical buildings and trenching sections completed

2.1.1.4 Segment 3: Cairo - Beni Suef

The Cairo - Giza - Beni Suef corridor is located in the north of Egypt on the Nile River valley, within the Cairo metropolitan area as shown in the following figure. The work has not started yet on this line and it will be progressing under RISE.

Figure 2-3 Stations and technical buildings along the segment

ENR will issue bidding documents for assigning a new international contractor. The line is expected to have 65 level crossings (to be renewed and rehabilitated) and 19 Main technical buildings with the replacement/renewal of 100 km of old tracks according to ENR along Cairo/Giza/Beni Suef segment. Most buildings (signaling towers) along this line are existing,

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and need rehabilitation in terms of equipment and signaling works, however, only one building will be constructed to serve the new Bashteel station to be constructed along this line. This signaling tower will be included within RISE scope; however, the station itself will be completed in a separate project.

Currently, it is equipped with electrical relay interlocking and a non-electrified line run by diesel locomotives. The track layout is dense particularly in interlocking areas Cairo/Giza/Beni Suef is a double track section as shown in Table 2-2. The replacement of the current relay interlocking system by a modern and efficient automatic electronic system will allow supporting the forecasted capacity levels.

Table 2-2Capacity of Cairo/Beni Suef Line Type of track Double Track Current number of freight trains 54 trains/day Current number of passenger 90 trains/day trains Total number of trains 144 trains/day Current Line Capacity 160 trains/day Future Line Capacity 286 trains/day

This line in particular is distinguished with the presence of two swinging bridges, which are railway bridges that rotate to allow boat traffic on the river. They are present on this line section over the Nile River. Imbaba And El Ayat Bridge are the two swinging bridges included in the corridor of this project. These bridges are key to connect Cairo with southern Egypt by train. The protection of the swinging bridge is performed by the two interlockings at both sides of the bridge (bridge section). The aim is to ensure that no train is on the section between the two interlockings and there is no route established on the way to entry into that section. The conditions shall be satisfied on normal and contraflow directions.

The signaling functionality is similar to a level crossing. The protection request is sent to the interlocking, then the interlocking checks all conditions and if all are satisfied, the protection is granted, using a protection key device on-site to open/unlock mechanically the bridge.

2.1.1.5 Segment 4: Beni Suef - Assiut (BSA)

• The line passes through 10 stations and 15 main technical buildings are planned along the line. The status of the technical buildings was mentioned above in Table 2-7, with around 66% of the trenching activities are complete, and 53% of the total works are done.

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Figure 2-4 Progress along BSA line in terms of technical buildings and trenching sections completed

2.1.1.6 Segment 5: Assiut/Nag’ Hammadi (ANH)

The figure below shows the progress in segment 5 in terms of MTB and STBs commissioned, and trenching kilometers completed. According to the contractor, around 50% of the works on this segment are completed, and 20% of the trenching activities done.

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Figure 2-5 Progress along ANH in terms of technical buildings and trenching sections completed

2.2 Component 2: Enhancement of Operations Safety Systems and Station Improvements

Component (2): Introduction of a safe asset management system and station improvements to improve personal safety, within the same segments of the railway network.

Component 2 activities are aimed at improving the safety of travelers via enhanced safety performance of railways based on improved diagnosis of rail operations, improved infrastructure of train stations to address accessibility and safety concerns that affect women and people with disability disproportionately, and improving safety culture geared towards user safety. The exact nature and physical location of interventions for Component 2 have not yet been identified; accordingly, an environmental and social management framework (ESMF) was developed.

The upgrade of IT system is expected to result in positive and negative impacts consisting of improved safety performance and potential generation of hazardous waste, respectively. During operation, if implemented inadequately, failure to identify risks from deteriorated assets etc. can result in negative impacts of low to very high significance (e.g., train delays and accidents, respectively.) Proposed mitigation measures consist of adequate training, well- defined operating/QA-QC procedures and associated institutional roles and responsibilities.

With respect to rehabilitation of stations, construction works will be localized, be of small scale and conducted over a short time period; general negative impacts of low to medium

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significance include OHS, reduced air quality, waste generation, CHS due to temporary labor influx (e.g., risks of GBV, child labor and spread of COVID-19.) Positive impacts during operation due to improved facilities/services include increased user safety. General mitigation measures include use of PPE, implementing OH plan, code of conduct, plans for prevention of COVID-19, GBV, child labor, ESMP.

A safety-first culture across all networks of ENR operation is expected to result in positive impact.

Staffing requirements and capacity building needs/ training topics are described.

Once project activities are defined, the environmental and social/exclusion screening should be performed to identify risks level and associated ES instruments to be developed.

Land Acquisition is not expected in connection with Component 2. A screening tool has been developed as part of the ESA - Annex III: Environmental and Scoail Elgibility Criteria/ Exclusion checklists and land related issues will be identified at screening stage in the process. If any land will be needed, RPs will be prepared.

2.3 Projects’ Impacts

2.3.1 Positive Impacts

The project will have the following positive impacts: ▪ Improved train operation safety. ▪ Enhanced reliability of trains. ▪ Improved operation safety of level crossings. ▪ Increasing the number of trains that can safely use the line per unit time. ▪ Reduce operational delays.

2.3.2 Negative Impacts

In the meantime, the construction work for the projects will involve soil removal, excavation, equipment storage, and other activities that will interfere with the current land use in the projects' sites. However, the implications of land acquisition and involuntary resettlement are not the same among the project Components and activities; not all of them will require land acquisition, physical and/or economic displacement; this is limited to the project’s activities included in the component 1 only as mentioned before. In addition to, the selected areas. The impacts vary depending on the project and its land needs, the nature of the land (Agricultural lands/urban), the economic activities of the population, and the type of ownership (Owners/ tenants).

2.3.2.1 Potential Resettlement Impacts

In general, ENR avoids occupied land plots for construction of the electronic signalling buildings. However, if a technically-compliant alternative is not available, they opt for using

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occupied land plots and attempt exercising damage-minimization. The potential impacts related to acquisition of land plots basically include removal of crops and/ or trees, or structures on the land plot, whether or not the user is formal or informal. The severity of the impacts on the land user will depend on the duration of time the user has been using the land and the availability of other assets and sources of livelihoods for him. The assessment on case by case basis in light of the requirements of WB ESS5 should be conducted in the form of RP when there is clarity on the exact locations. The following highlights unfavorable impacts potentially resulting from expropriation and resettlement activities: - Loss of land; In the case of the land owned by individuals (private property) or land tenants/ users (ENR property), there will be impact related to the land acquisition. - impact on physical displacement /livelihood for the tenants of the agricultural lands, which results in the loss of crops and trees due to the resulting change in land use, It is very challenging to quantify the number of potentially affected persons under this stage of the projects activities.

2.4 Land Acquisition and Resettlement Status

The signaling system modernization requires construction of signaling towers (main technical buildings and secondary buildings). Main Technical Buildings, which are 3-story buildings that occupy around 400 m2 and house signaling equipment of 11 kV power, are used for technical reasons to house the cables, controls and interlocking equipment in several locations along the track and operate the signaling system. Each building serves a distance of around 6 km of railways and they are associated with railway stations to manage the operation of incoming railways, switching tracks and level crossings. Some of these towers are existing old buildings (main technical buildings), and will need to be rehabilitated as part of the RISE project, where the contractors install the cables in one room, the signaling equipment in another, and the third room is used for operation control and observing the railways. Secondary technical buildings are built in cases where the existing technical building are not sufficient to serve a long distance, and are needed as supplementary signaling towers. In such cases, the contractor, in consultation with design consultant build secondary technical buildings (of smaller area around 100-150 m2, and lower power capacity of 5 kV). The distribution and status of these signaling towers/technical buildings along the railway network is given in 3. Contractors have started works in most of the buildings, but many of them are not completed, therefore they will be rolled over to RISE Project as shown in the table.

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Table 2-3 Distribution of existing technical buildings along the lines Line Central Main Technical Building Secondary Technical Traffic Building Control Alexandria/Arab 1 (Sidi 10 (7 completed and 10 (1 remaining to be Elraml Gaber rehabilitated, constructed under RISE Station) 3 remaining to be project) constructed under RISE project) Cairo/Benha 1 (Ramsis 9 (4 rehabilitated, 5 Station) remaining to be constructed under RISE project) Cairo/BeniSuef 1 (Bashtil 19 (mainly rehabilitation of not determined yet Station) existing buildings and 1 new building) Beni Suef/ Assiut 1 (Minya 15 (4 completed, 11 24 (14 to be Station) remaining to be constructed constructed under RISE under RISE project) project) Assiut/Nag’ 1 (Sohag 17 (to be constructed under 3 (to be constructed Hammadi Station) RISE project) under RISE project)

Activities under this component might require land acquisition that could lead to negative impacts on land and/ or livelihoods.

The initial determination of the required land areas, locations and the potential impacts of constructing the STBs have not been identified or determined yet for Cairo/BeniSuef Segment, the locations of these buildings and the area required have not determined yet. Upon confirming the land selection for this component, if needed, the relevant resettlement instrument should be prepared (e.g. resettlement plan) following Egyptian laws and regulations and the principles of the ESS5 and this RF.

As known at this stage, the new segment that will be included in RISE, segment 3 (Cairo Beni Suef Segment) includes 19 main technical buildings, 18 are already existing (constructed many years ago) and will be rehabilitated. Only one new main technical building will be constructed as part of the RISE project on an empty land, within the boundaries of ENR land (with a wall) that was used in the past by ENR as a storage area. This land plot has been allocated today to establish several projects for ENR, including the new Bashteel station, which includes the new main technical building.

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Figure 2-6: A photos of the proposed site for the new main technical building in new Bashteel station

Land Acquisition is not expected in connection with Component 2. A screening tool has been developed as part of the ESA and land related issues will be identified at the screening stage. If any land will be needed, RPs will be prepared.

On segments 1, 2, 4 and 5, land needed has been already acquired during ENRRP and no additional land needs have been identified for those segments. However, outstanding land issues from ENRRP, that will carry forward to RISE, include retroactive documentation, and corrective actions where necessary, for 3 sites out of 7 (i. SER 1 – Beba, ii SER 18 – Deirut, iii Manqabad EIS), for the economic displacement of approximately 53 land tenants (out of 67), who partially lost rented plots without adequate prior assessment and documentation of the livelihood impact in accordance with the ENRRP RPF. The World Bank has also received documentation for 3 other sites (SER 9 - Matai, ii. SER 3 – Fashn, iii. SER 11—Minya) for the economic displacement of 8 PAPs, and these are under review by the Bank, while issues at one site (Deirut LX - 6 PAPs) have been resolved and will not need further follow up during RISE. All

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remaining land issues under ENRRP will continue to be supervised beyond ENRRP closing date. The outstanding Resettlement Plans are also reflected as commitments in the ESCP for RISE.

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3 LEGISLATIVE FRAMEWORK FOR RESETTLEMENT IN EGYPT

Resettlement and land acquisition issues under the proposed Project will be addressed under the guidance of the laws governing the Arab Republic of Egypt to this regard, international standards, World Bank Environmental and Social Standards ESS 5 and 10 relevant to involuntary resettlement and Stakeholder Engagement respectively. The RF represents the reference to be used in managing land acquisition issues and addressing the involuntary resettlement and displacement of people related to bank financed projects. ENR will be committed to complying with the national legislation and WB ESSs and to any future amendments to them. This chapter will discuss in detail the Egyptian legal framework.

This section refers to the Egyptian legislative framework at large, and does not necessarily apply to the ENR, since the land plots necessary for the signaling buildings are owned by ENR.

Generally, ENR does not acquire private land plots or resort to expropriation—instead, they use their right-of-way, for construction of the buildings, which is sometimes squatted or rented out for modest fees.

ENR has procedures to determine the impact associated with land acquisition for construction work and to determine the corrective measures associated with it.

3.1 Main legislations and guidelines

The main legislations and guidelines that will be discussed under this section are as follow:

• Law 144/ 2020 on the amendment of some provisions of Law No. 152 of 1980 establishing the Egyptian National Railways Authority ENR. • Law 187/2020 on the amendment of some provisions of Law No. 10 of 1990 on the land acquisition for the public benefit • Law 24/2018 on the amendment of some provisions of Law No. 10 of 1990 on the land acquisition • Law 1/2015 on the amendment of some provisions of Law No. 10 of 1990 on the land acquisition • Law 10/1990 on Property Expropriation for Public Benefit identifies • Law 577of year 1954 and Law 27 of year 1956 for land acquisition • Law 27 of year 1956 • The new Egyptian Constitution • Civil code 131 of year 1948 It is the Government of Egypt’s policy to pay compensation or offer assistance to people whose lands and properties are affected by projects undertaken by the Government. This section pertains to the means, causes, and the competent authorities entrusted with the implementation of the provisions and rules of the administrative law, civil law, in addition to the law related to the expropriation of private property for public interest. In addition, this

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section also covers the restrictions, the conditions of the legality of procedures applied by the administration at its disposal, and the consequences of property expropriation, in addition to the legal procedures for the possession of private property. (For details about Government of Egypt’s Relevant Legislation, see Annex 3)

Table 3-1: National regulations related to Involuntary Resettlement Title of Summary and how this legislation applies to the project legislation

Law 144/ 2020 Ministerial Decree 144/ 2020 on the amendment of some provisions of Law No. 152 of 1980 establishing the Egyptian National Railways Authority (ENR). Article 1 Replace the text of Article (7) of Law No. 152 of 1980 establishing the National Authority for Egyptian Railways, the following text: Article (7): The facilities of the National Authority for Egyptian Railways, its operating buildings, railways, and crossings are considered state-owned public funds. They are also considered public facilities designated for public benefit, and it is not permissible to dispose of them, seize them, possess them, or gain any right in kind over them by prescription. The RoW and crossings are defined by a decision of the Minister of Transport and with consideration to the provisions of Law No. 10 of 1990 regarding land acquisition of real estate for the public benefit. If the implementation of the previous paragraph results in impacts to the owners of real estate, or the owners of rights in it, they have the right to a fair compensation. Law 187/2020 In addition to the amendments that have been referred in Law 24/2018 of Articles (2, 6, 13) the law stipulates Article 12 of Law No. 10 of 1990 regarding land acquisition for the public benefit shall be replaced by the following article: Article (12): If the forms or the ministerial decision have not been deposited according to the procedures stipulated in the previous articles within three years from the date of the public benefit decision in the official gazette; the decision shall be considered as if it was not for land acquisition for which the forms or the decision related to. The proposed amendment aims to address some of the drawbacks that have emerged because of the application of Law No. 10 of 1990 regarding land acquisition for the public benefit, which lead to obstructing the procedures of property dispute for the public benefit. The law also comes within the framework of creating a new constitution that aims to protect private property, through fair compensation paid in advance in accordance with the law; As this phrase was not found in the previous constitution. Law 24/2018 Replace the provisions of Articles 2 (fourth paragraph), 3, 5 (second paragraph), 6 (second paragraph), 7 (first paragraph), 13, 15 (first paragraph) of Law No. 10 of 1990 regarding land acquisition for the public benefit The public benefit report shall be attached to the decision of the President of the Republic or his authorized representative, accompanied by

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Title of Summary and how this legislation applies to the project legislation - A note stating the project to be executed. - A drawing of the overall planning of the project and the real estate necessary for it. The compensation is estimated according to the prevailing prices at the time of the expropriation decision, and additional (20%) twenty percent of the value of the estimate included in the compensation. Existing expropriation procedures. The decision for the public benefit shall be published with a copy of the memo referred to in Article (2) of this law in the Official Gazette. In addition, affixed in the place prepared for advertisements at the headquarters of the local administration units, in the mayor or police headquarters, and in the primary court located in the property department, and on the front of the property subject to expropriation in a visible manner. Law 1/2015 On the amendment of some provisions of Law No. 10 of 1990 on the land acquisition due to public interest. The amendments provided: - The first section of article 7 of the law states that: After depositing the compensation, the entity in acquisition charge shall prepare lists with the real estate subject to acquisition, areas, locations, names of owners and property holders, their addresses, and the value of compensations stipulated. These lists and respective maps showing the location of all properties, shall be sited in the head office of the entity in charge, - while article 8 after amendment stated that: “The concerned owners and holders of rights have the right to object to the information contained in such lists within 15 days from the date of posting and publishing the lists and information of the expropriated properties. Law 10/1990 On Property Expropriation for Public Benefit identifies transportation projects as public benefit activities. It describes acquisition procedures as follows: - The procedures start with the declaration of public interest pursuant to the presidential decree accompanied with memorandum on the required project and the complete plan for the project and its structures (Law 59/1979 and Law 3/1982 provided that the Prime Minister issues the decree); - The decree and the accompanying memorandum must be published in the official newspapers; a copy for the public is placed in the main offices of the concerned local Government unit. This law has specified, through Article 6, the members of the Compensation Assessment Commission. The commission is made at the Governorate level, and consisting of a delegate from the concerned Ministry’s Surveying Body (as President), a delegate from the Agricultural Directorate, a delegate from the Housing and Utilities Directorate, and a delegate from the Real Estate Taxes Directorate in the Governorate. The compensation shall be estimated according to the prevailing market prices at the time of the issuance of the Decree for Expropriation.

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Title of Summary and how this legislation applies to the project legislation Law 577/1954 Law 577/54, which was later amended by Law 252/60 and Law 13/162, and establishes the provisions pertaining to the expropriation of real estate property for public benefit and improvement. Law 27 of year Law No. 27 of 1956, which stipulates the provisions for expropriation of districts 1956 for re-planning, upgrading, and improvement, and the amended and comprehensive Law No.10 of 1990 on the expropriation of real estate for public interest. The first article of Law No. 27 of 1956 allows for the expropriation of districts for their improvement, upgrading, re-planning, and reconstruction. Article 24 of Law 577/54 also stipulates that in case only partial expropriation of real estate property is required, and the remaining un-expropriated part will not be of benefit to the owner; the owner shall be given the right to submit a request within 30 days (beginning from the date of final disclosure of the list of the expropriated property) for the purchase of the entire area. It should be noted, that the new law has not restricted the right to request the purchase of the remaining un-expropriated portion of real estate whether it is a building or land. Egyptian The Constitution Chapter Two Part One: Social and Moral components Constitution (That was The State shall guarantee equality of opportunity to all Egyptians and cancelled after coordination between woman’s duties towards her family and her work in the the 25th of society, considering her equal to man in the political, social, cultural and January economic spheres without detriment to the rules of Islamic jurisprudence Revolution but main issues The Constitution Chapter Two: Economical components related to Article 29 private States that ownership subject to the control of people is protected by the State, ownership was and is divided into three types: public, co-operative and private property. included in the new constitution declaration 2012 Civil code 131 Articles 802-805 recognizes private ownership right. of year 1948 - Article 802 states that the owner, pursuant to the Law, has the sole right of using and/or disposing his property. - Article 803 defines what is meant by land property - Article 805 states that no one may be deprived of his property except in cases prescribed by Law and would take place with an equitable compensation.

The regulation of the right to ownership in the constitution and the law, the new Egyptian constitution, which was issued at the end of 2012, stipulated in its article 21 that "the state

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guarantees the legitimate ownership of all kinds "Public, Cooperative, Private, and Endowment, and protect it, in accordance with the law". According to the Egyptian law, the following table presents the types of lands ownership in Egypt:

Table 3-2: Type of land ownership in Egypt Land ownership type Description Public or State land1 (in Arabic Amlak Amiriya), which is divided into the State’s public domain that cannot be alienated (such as ENR properties), and the State’s private domain, which can be alienated generally through sale, lease, Takhssiss (i.e.) transfer of ownership conditional on meeting certain criteria, such as keeping the land use unchanged and paying the remaining installments of the land price) or through Haq Intifaa, Private land (in Arabic Mulk horr), which may be alienated/transferred freely. The constitution is in Article 24, which states that "private property is protected; and it shall not be expropriated except for the public benefit, and in return for fair compensation, to be paid in advance. All of this is in accordance with the law. Endowment land Waqf and (land held as a trust/endowment for religious or charitable purposes), which is often subject to covenants on transfer or use, and which is typically transferred through leasehold or usufruct. Customary rights There are some areas in Sinai and in the northern coast with implicitly recognized to land (Urfi) to the benefit of Bedouins. In these areas, someone wishing to acquire land often has to make two payments, first to the Bedouin claimant(s) for the right of use and then to the State to regularize and register their land tenure/ownership and be able to obtain services.

It is important to note that the Civil Code (No. 131 of 1948) recognizes (Hiyaza) (i.e. possession of immovable/movable property without ownership) as a legitimate channel to acquire ownership of the property in question through adverse possession, provided that the (Hiyaza) has been “peaceful, unchallenged and uninterrupted” for a period of 15 years2. By Law, ownership through adverse possession does not, however, apply to State lands.

3.2 ENR’s Approach for Securing Land Plots

In general, ENR uses their right-of-way for construction of the signaling buildings. ENR also rents land and houses (to staff), within the ROW and in such cases a contract is issued

1 The large majority of land in Egypt is public or State-owned desert land that is for the most part undeveloped (estimated to be 90-95% of the national territory). 2 The large majority of land in Egypt is public or State-owned desert land that is for the most part undeveloped (estimated to be 90-95% of the national territory).

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between ENR and the user. ENR ensures to avoid occupied land plots, wherever possible. In the case where a vacant alternative is unavailable and land is being used by users or tenants, ENR issues an administrative decree for removal of the occupancies on the required land plot by the respective local entities.

This approach is applied to both squatters and tenants. For the former, they have no legal rights under the Egyptian legislation. For the latter, the old and new tenancy contract templates state that ENR retains the right to restore the leased property at the time it wishes. Article 9 of the old contract template states that: “The Authority [ENR] reserves, for itself, the right to terminate this contract without being held responsible for any disruptions or damages in case it [ENR] sold the rented property or needed it for its purposes or for the purposes of other government institutions or sub-institutions. And it shall be sufficient that the tenant be notified of that one month in advance, through a registered letter, and the tenancy value shall be paid back to him [the tenant], if it was prepaid, for the remaining [tenancy] period as of evacuation of the property.” The corresponding stipulation in the new contact template states that: “The First Party [leaser] shall have the right to terminate the contract in case ENR needs the leased property for future projects.” However, the old version of the contract template stipulates that dues shall be paid back to the tenant and he/she shall be proactively notified, the new version omits that.

As part of RISE project, process to determine that a land plot is acceptable is as follows:

• In order to determine that a land plot is technically acceptable for any of the structures needed, ENR forms a committee comprised of representatives from the following entities: project department (Cairo), signaling department (local level), permanent railways department (local level), properties department (local level), contractor and supervision consultant. The minutes of the meeting of this committee are shared with ENR EAD (for RISE to also shared with Social Specialist of PMU) to confirm that the land plot is vacant of any obstacles. • In case of potential impacts on affected persons through land repossession or acquisition, the master list is updated, and the Social Specialist completes the land screening form. • In parallel, the Social Specialist contacts the land properties department (land properties officer) at the local level to request that the land user or tenant is notify about the land taking. If physical displacement will be needed, notification will be conducted 3 months prior to any land taking. The notification date will be the same as the cut-off date for the land plot. • Completion of the Land screening will be conducted, within 2 weeks of the notification, by PMU and the land properties officer at the local level, in consultation with the PAP to assess the situation and impacts in light of the

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requirements of WB ESS5 regarding resettlement and livelihood. Based on the results of the screening, Resettlement Plans will be prepared as appropriate. • The Project’s entitlement matrix lists the required mitigation measures for various cases. For example, for cases of partial repossession where rental contracts exists, the resettlement plans will include modification of the land area to be used by the PAP in the rental contract between the land tenant and ENR. • During preparation of the Resettlement Plans, findings will be consulted on with PAP. No construction activities will start prior to harvesting crops, rental receipts modified, and compensation disbursed, if needed. After implementation of the resettlement plan, land tenant or user will be consulted, to ensure satisfaction on the process, within 3 months.

In case land is owned by another government entity, the same procedure will apply for notification period, documentation and compensation procedures.

3.2.1 ENR Land Screening Practices

• Before start of implementation and upon completion of identifying all sites required for construction activities, ENR prepared Master list for segments 2,3, 4 and 5 that include a description and data for all construction sites, including MTBs, STBs and rooms for level crossings. Master list for segment 3, will be updated once the location of the STB and level crossing rooms have been identified through conducting site visits to those sites, in coordination with the project department at ENR (Cairo), the contractor that will be hired to conduct the works on the segment and the land properties department at the local level. Master lists are part of ENR’s database of work sites for the project and are found in annex 2. • Land Screening Form: The Land Screening form includes a measurement of a number of elements to assess the situation in light of the requirements of WB ESS5 regarding resettlement and Livelihood (Annex 1 Land Screening form). The Environment Department of ENR, currently, applies this Screening Form to all sites specified in the master list that may generate potential land related impacts, to determine the magnitude of the impacts associated with each site and to take the necessary measures to mitigate the impacts. • Based on the results of the Land Screening form, ENR proposes appropriate mitigation measures A Resettlement Plan is needed in the following cases: o Works require acquisition of private land (temporarily or permanently)

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o Works impact assets such as residential or commercial building, fences, water wells, or other household structures such as kitchens, outside toilets o Works result in loss of crops, or Trees o Works result in physical displacement of individuals, family, and businesses o Works result in temporary or permanent loss of economic activities such as farming or business from shops o Works impact individuals or entities encroaching on land • Preparation of RP is covered in Annex 4. • As part of ENRRP, the Environmental Affairs Department of ENR was applying the land Screening form and preparing the appropriate resettlement instrument. For RISE implementation, a Social Specialist will be hired as part of the PMU, As needed, ENR can hire a consultancy firm to prepare resettlement instruments as per the RF and ESS5. • ENR EAD participates in monthly project meeting to be kept in the loop abreast of subproject (sites) developments and upcoming sites that will be handed over to contractor. For RISE implementation, ENR EAD will coordinate work with the Social Specialist of the PMU.

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4 WORLD BANK REQUIREMENTS

World Bank Environmental and Social Framework ESF - ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. ESS5 recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlement” refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. The thorough review for the mentioned guidelines showed the following: • All the mentioned standards are drawn with the general human rights framework in recognition for the protection of the ownerships, the interests of the poor and vulnerable groups in particular; • According to the WB ESS on Involuntary Resettlement, physical and economic dislocation resulting from WB funded developmental projects or sub-projects should be avoided or minimized as much as possible. • Where physical or economic displacement is unavoidable, the funding agency requires to develop an acceptable resettlement tool (this may include a Resettlement Framework or a Resettlement Plan). The plan should incorporate and follow the right to due process, and to meaningful and culturally appropriate consultation and participation, including that of host communities.

Specifically, the WB ESS on involuntary resettlement and the compensation of Project Affected Persons is clearly spelled out under the World Bank’s Environmental and Social Standards ESS - ESS5. Box 1: ESS5 Objectives ESS5 Objectives The objectives of the Environmental and Social Standard on Involuntary Resettlement (ESS5) are to: • Avoid or minimize involuntary resettlement and associated disruptions by exploring project design alternatives. • Avoid forced eviction • 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. • Improve living conditions of poor or vulnerable persons who are physically displaced (PAPs), through provision of adequate housing, access to services and facilities, and security of tenure.

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• 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. • Ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected ESS5 is relevant when project activities result in: • Loss of land or other assets which have as effect: o Relocation or loss of shelter. o Loss of assets or access to assets. o Loss of income sources or means of livelihood (whether or not the affected persons must move to another location). • Restriction of access to legally designated parks and protected areas that result in adverse impacts on the livelihoods of affected persons. The resettlement standard applies to all components of Bank-financed projects, whether or not they are partly and fully funded by the Bank. This RF will also apply to the projects associated facilities with the Bank-financed project, regardless to whether or not they receive funding from the World Bank. ESS5 applies to all PAPs regardless of the total number affected, the severity of the impact and the legal title to the land. Particular attention will be paid to the needs of Vulnerable Groups subject to displacement, which include those below the poverty line, the landless, the elderly, minorities, women and children, Informal land users (e.g. squatters, individuals, and groups who might be losing their source of livelihoods as a result of land acquisition/ repossession of the leased lands ); or who may be disadvantaged in securing alternative livelihoods. Project Affected Persons (PAPs) are people who are directly affected socially and economically by Bank-financed projects. The direct social and economic impacts include but are not limited to: a) relocation or loss of shelter, b) loss of assets or access to assets, c) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, and d) the involuntary restriction or access to legally designated parks and protected areas that results in adverse impacts on the livelihood of the affected displaced persons and communities. Resettlement Plans (RPs) are prerequisites for implementation of project activities causing resettlement, such as land acquisition. They ensure that displacement or restriction to access does not happen before necessary measures for resettlement and compensation are completed. These measures include provision of compensation and other assistance required for relocation - prior to displacement as well as preparation and provision of resettlement sites with adequate facilities. “Land acquisition” refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; b) repossession of public land that is used or occupied by individuals or households; and c) project impacts that result in land being submerged or otherwise rendered unusable or inaccessible. Taking of land and related assets or denial of access to assets (e.g., resettlement sites, new homes, related infrastructure, public services, and moving allowances) may take place only after compensation has been paid to Project Affected Persons (PAPs). If relocation or loss of shelter occurs, the standard further requires that PAPs be involved in resettlement planning and be meaningfully consulted to ensure a fair and transparent process.

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5 GAPS ANALYSIS BETWEEN EGYPTIAN LEGISLATIONS AND THE WORLD BANK ESS5

This section is geared towards comparing and contrasting Egyptian rules and regulations with the Bank’s Standards addressing involuntary resettlement. This part of the RF will illustrate similarities, differences and will further point at project implementation difficulties that may possibly arise.

Egyptian legislations are broadly consistent with the WB’s ESF -ESS5. This includes:

• The requirement to pay compensation in case of compulsory acquisition of land • The requirement to compensate for losses, whether temporary or permanent in production or damage to productive assets and crops; and • The provision for pre-judicial avenues for resolution of disputes and rights of appeal. There are, however, a number of specific areas where provisions required under WB ESF - ESS5 extend beyond those required under Egyptian legislation. These are as follows:

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Table 5-1: Comparison of Egyptian regulations with the WB Standards and measures for bridging the gaps Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Calculation of The unit rates used for Compensation for lost land and assets will The project will apply the principle of full Compensation compensating property and assets be offered at full replacement cost and replacement cost as defined in this RF and are estimated according to the other assistance ESS5. prevailing prices at the time of the as may be needed to help them improve or "In most cases, prevailing market price plus expropriation decision, and at least restore their living standards or mandated 20% top-up, can reflect the additional twenty percent of the livelihoods replacement cost of affected assets. In value of the estimate is included in case, there is no market price as reference the compensation based on law No. As such, where physical or economic for some affected assets, the 24/ 2018, and Law 187/2020, which displacement is unavoidable, the Bank compensation rate will be determined also include committing the project requires the borrower to develop an based on replacement cost in consultation proponent to deposit the value of acceptable Resettlement Plan. The plan with affected persons. the compensation in no more than should incorporate and follow the right to 3 months from the public interest due process, and to meaningful and ENR will prepare Resettlement Plans in decree issuance date. culturally appropriate consultation and accordance with ESS5 and this RF. participation, including that of host Egyptian legislation does not communities. recognize full replacement cost.

Compensation eligibility Under Egyptian law, the only • Eligibility Criteria for compensation All affected persons, including squatters, will be considered for compensatory The right of squatters people and entities entitled for under WB ESF - ESS5: compensation are those with measures in accordance with this RF and (a) those who have formal legal rights to registered property rights, for ESS5. land (including customary and example, registered landowners, traditional rights recognized under the Resettlement assistance should be occupants, users and those with provided in order to improve the PAPs laws of the country); registered third party rights or livelihoods or at least to restore to pre- those who have legally obtained (b) those who do not have formal legal displacement levels or to levels prevailing the right to register their title but rights to land, at the time the census prior to the beginning of project whom, for some reason, have not begins, but have a claim to such land or implementation, whichever is higher.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps completed registration. This assets; provided that such claims are Accordingly, those who are using land but potentially disqualifies many recognized under the laws of the country have no recognizable legal rights or claim categories of affected people that or become recognized through a process will be compensated for their investments would be entitled to compensation identified in the resettlement plan; on the land. under the WB ESF - ESS5. (c) those who have no recognizable legal All Project Affected Persons should be Egyptian legislation has not right or claim to the land they are compensated for their loss of assets, recognized the rights of squatters. occupying (squatters). regardless to their legal status. Under the WB ESS all the land users The Borrower will not resort to forced affected by a project are subject to evictions. PAPs will be made aware of the compensatory measures. Squatters are project grievance mechanism provided with resettlement assistance, in lieu of compensation for land. The Borrower will not resort to forced evictions.

Tenants ENR is permitted to terminate legal • Compensation and prior notice In cases of repossession of the leased lands lease arrangements with its ownership "ENR property" that is used by • The Borrower will not resort to forced tenants. Previous versions of the individuals for agriculture or any economic evictions. tenancy contract template activities; • between ENR and land tenants Tenants shall be provided with adequate notice in advance of change or stipulates that dues shall be paid cancellation of lease back to the tenant if they have • First ENR forms a committee to estimate overpaid, and he shall be notified at the magnitude of the impact on the PAPs least one month in advance. as a result of loss of income However, the current version of the • Ensure that the land is free of any crops contract template omits these or trees, otherwise compensation must requirements. be paid for it

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps • The rental value of the land that has been deducted for the benefit of the project must be dropped before recovering the land, • Particular attention is paid to vulnerable groups, and resettlement assistance customized to the needs of affected persons is provided. • The Borrower will not resort to forced evictions. PAPs will be made aware of the project grievance mechanism Resettlement assistance Affected people are to be offered support Specific assistance will be designed and Not included. However, the unit included in the Resettlement Plan. rates used for compensating after displacement, for a transition period property and assets are estimated according to the prevailing prices at the time of the expropriation decision, and additional twenty percent of the value of the estimate is included in the compensation based on law No. 24/ 2018, and Law 187/2020, which also include committing the project proponent to deposit the value of the compensation in no more than 3 months from the public interest decree issuance date.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

affected by expropriation of vulnerable groups. displaced. Identification of the property should be treated. characteristics and needs of vulnerable

groups will be done through the

preparation of Resettlement Plans. Provisions on assistance to vulnerable groups will be included in the resettlement plans Livelihood restoration Under the WB ESF - ESS5, loss of income Egyptian regulations do not specify resulting directly from project • ESS5 principle regarding income income restoration allowances restoration will be taken into where the PAPs incurred losses of implementation should be compensated account. Therefore, those whose business income. for. ESS5 makes provisions for loss of income income is going to be affected will be

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

Resettlement planning There is presently no requirement When there is impact on land and ENR in compliance with the WB procedures and procedural to prepare a formal Resettlement livelihoods or a WB funded project will should prepare site-specific Resettlement requirements Plan (RP) under the Egyptian law, result in restriction of access, the project plans when needed. nor to undertake any of the requires to prepare a formal Resettlement In addition, the consultation activities will component activities of a Plan (RP). In order to prepare the RP, it is be implemented during the project lifetime resettlement plan such as, a necessary to undertake the component and as part of the preparation of the RPs. ‘census’, socio-economic survey, activities of a resettlement plan such as, a consultation with project affected ‘census’, socio-economic survey, people, monitoring or reporting. consultation with project affected people, Moreover, there are no specific monitoring or reporting. references in the legislation to ‘involuntary resettlement’. Also, there is no explicit consultation requirement in the Egyptian law’. According to WB ESF - ESS5 the projects Monitoring and The absence of monitoring and Monitoring of the resettlement activities Evaluation evaluation measures in Egyptian including resettlement or land acquisition during the project implementation as laws illustrates differences need to follow up the implementation of detailed in this RF should be performed. As

between the two systems. The lack the measures through monitoring and such, the project is to develop an M&E and of legally authorized resources can evaluation, both internally and through an reporting system compliant with WB constrain accountability and independent party (e.g. CSOs, NGOs, and standards. governance mechanisms of Bank national human rights institutions) or to financed projects. The lack of facilitate community-driven monitoring, equivalency between the Bank’s where practical and acceptable by the and Egyptian policy can negatively communities concerned. The need for impact on the very idea of the M&E by an independent party will depend consultation, decision making and disclosure principles charted in the upon the complexity of the resettlement WB ESS. process.

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Topic Egyptian legislative requirements World Bank Standards Measures for bridging the gaps

In terms of reporting, the borrower will establish regular communication and reporting channels back to the communities and individuals impacted and concerned, whether through non-technical summaries of progress updates, engagement activities, public meetings, targeted issue-based hearings.

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6 ELIGIBILITY CRITERIA FOR AFFECTED PERSONS

The aim of determining an eligibility criteria in the RF is to ensure that the PAPs who suffer a complete or partial loss of lands, crops, trees and assets or access, will be clearly defined and recognized as eligible for some kind of assistance regardless their legal rights to the land.

6.1 Defining Affected Persons

Project affected persons (PAPs) are defined in this framework as individuals who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted projects. These impacts may constitute anything from the loss of physical assets such as land, farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to nonphysical assets such as social capital and cultural networks and activities. Moreover, adverse impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas. The following Table highlights some of the key losses that may arise from land acquisition.

Table 6-1: Possible Losses from Land Acquisition Land ▪ Agricultural land (rented or owned) ▪ Access to land Structures ▪ Houses or living quarters (rented or owned) ▪ Other physical structures (rented or owned) Income ▪ Income from crops ▪ Income from wage earnings ▪ Income from affected business ▪ Access to formal employment opportunities Communal3 ▪ Public Schools ▪ Public Hospitals ▪ Markets ▪ Cemeteries ▪ Social capital: networks, activities, relationships ▪ Mosques Environmental ▪ Access to natural resources ▪ Negative environmental impacts resulting from land acquisition or from the project itself

6.2 Eligibility Criteria

All PAPs who suffer a complete or partial loss of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they

3The projects should not be permitted to infringe on or damage in any way public cemeteries or private graveyards or graves physical assets. If extremely necessary, such cases shall be subject to the Egyptian law to this regard.

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occupied the land before the claim cut-off date. The WB ESF - ESS5 specifically proposes three general categories for eligibility as illustrated in the following Table.

Table 6-2: Criteria for Eligibility (WB ESF - ESS5)

Displacement Category Entitlement Affected persons who have formal ▪ Compensation for loss in land and assets at full legal rights to land (including replacement cost. customary and traditional rights ▪ In case of physical relocation, provide assistance during recognized under the Egyptian laws relocation (i.e. moving allowances) and residential housing and / or agricultural sites with productive and location advantages equivalent to the lost sites. ▪ Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels. ▪ Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities). Affected persons who do not have ▪ Compensation for loss in land and assets at full formal legal rights to land, but have a replacement cost. claim to such land or assets (provided ▪ In case of physical relocation, provide assistance during that such claims are recognized under relocation (i.e. moving allowances) and residential Egyptian laws or become recognized housing and / or agricultural sites with productive and through a process identified in the locational advantages equivalent to the lost sites. ▪ Support after displacement, until livelihoods and resettlement plan) standards of living are restored to pre-displacement levels. ▪ Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities). persons who have no recognizable ▪ Resettlement assistance as appropriate (i.e. land, assets, legal right or claim to the land they cash, employment, etc.). are occupying (i.e. squatter settlements, disputed ownership)4.

Source: The World Bank Environmental and Social Framework, Environmental and Social Standards, ESS5, 2017, P. 55.

4 They shall be provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives of the resettlement standards laid out in this Standard, if they occupy the project area prior to a cut-off date established by the Project implementers and acceptable to the WB. Such affected persons shall not be compensated for land but for their land improvements or structures, such as houses and/or small businesses, and may qualify for other resettlement and rehabilitation assistance. Resettlement assistance can consist of land, cash, short termjobs, or other forms of assistance determined in consultation with affected people and acceptable to the Project implementers.

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Any Bank financed project relevant to ESF - ESS5 is required to follow the provisions outlined in the standards and develop the appropriate instruments. These instruments, either a Resettlement Framework (RF), Resettlement Plan (RP), or Process Framework (PF) or some combination thereof, establish criteria for identifying who the affected persons are; their entitlements, consultation mechanism, grievance mechanism, monitoring of implementation, budget and timeline.

The Bank’s ESF - ESS5 applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other (associated) activities resulting in involuntary resettlement that according to the judgment of the Bank, are:

▪ Directly and significantly related to the Bank-assisted project, ▪ Necessary to achieve its objectives as set forth in the project documents; and ▪ Carried out, or planned to be carried out, simultaneously with the project. The aim of including the eligibility criteria in the RP; is to ensure that PAPs who suffer a complete or partial loss of or access to assets are clearly defined and recognized as eligible for assistance as per the provisions of ESF - ESS5. Once it is established, among other criteria, that they occupied the land, or their livelihoods/assets were affected before the claim cut-off date. It should be noted that ESS5 does not apply to voluntary, legally recorded market transactions in which the seller is given a genuine opportunity to retain the land and to refuse to sell it, and is fully informed about available choices and their implications. However, where such voluntary land transactions may result in the displacement of persons, other than the seller, who occupy, use or claim rights to the land in question, the ESS5 will apply (WB ESS P. 55).

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7 METHODS OF VALUATION OF AFFECTED ASSETS AND COMPENSATION

7.1 Asset Valuation

The valuation of losses in assets depends on the type of the lost asset. For physical assets, market value should be assessed to estimate the replacement cost. This should consider any associated costs to bring the asset to its pre-displacement value. The WB also gives big attention to intangible assets although estimating their value is a relatively a subjective process. Alternative opportunities should be provided to PAPs as a way for compensating their loss for intangible assets.

Table 7-1: Types and Examples of Affected Assets and the Method of Valuation Type of lost Examples on assets Replacement cost asset Tangible/ Agricultural Land Equals the pre-project or pre-displacement, whichever physical asset is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, in addition to the cost of any registration and transfer taxes. Urban Land Equals 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 taxes. Houses/Other Structures Equals 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. In addition to the cost of transporting the building materials to the construction site, the cost of any labour and contractors’ fees, plus the cost of any registration and transfer taxes. For intangible losses that cannot easily be valued in monetary terms (i.e. access to employment opportunities, public services, natural resources, social capital), the project should attempt to establish access to equivalent resources and earning opportunities that are acceptable to the PAPs.

7.2 Compensation

Compensation will be provided to all individuals whose assets or access to assets is affected or damaged, as a consequence of land acquisition or any other activities undertaken by the projects. The compensation for the loss of physical and nonphysical assets will vary depending on the type

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of loss, and eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, and/or assistance. All PAPs will be entitled to monetary compensation at replacement cost, (at the entitlement cut- off date) for affected tangible assets. Another option may be in-kind compensation where the affected assets would be replaced with an asset of similar size, value, and quality. The decision on which type of compensation is used should be jointly agreed upon between the project staff and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance needed to restore the livelihood 5 and standard of living of PAPs under the subproject to pre-project levels (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc.). It should be noted here that compensation for losses in communal property shall only be in-kind for the community as a whole, and shall take the form of reconstruction of the affected or damaged facility (i.e. public school buildings, markets, etc.) to - at least - the same standard it was on prior to the project’s implementation.

7.2.1 Forms and Calculation of Compensation

Although the type of compensation may be an individual’s choice, compensation in kind (such as land-for-land) is preferred, if the loss amounts to more than 20% of the total loss of assets. Compensation refers to both compensation for expropriated assets and restoration of income.

Compensating property and assets are estimated according to the prevailing prices at the time of the expropriation decision, and additional (20%) twenty percent of the value of the estimate included in the compensation based on law No. 187/2020 and law No. 24/ 2018.

Table 7-2: Forms of compensation and calculation methods

Types of Compensation Calculation Method Compensation will be calculated and paid in local currency. Rates Cash Payments will be adjusted for inflation Compensation may include items such as land, houses other In-Kind Compensation buildings, building materials, seedlings, agricultural inputs and financial credits for equipment. Assistance may include moving allowance, transportation and Other Assistance labor, title fees, or other related costs. 7.2.2 Land Compensation

Compensation for land is aimed at providing for loss of crop and labor used to prepare the land and cultivate the crop. The term “Land" refers to an area or homestead in cultivation, being prepared for cultivation, or cultivated during the last agricultural season.

5 Livelihoods should be improved or at least restored to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

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Land and assets are valued and compensated for according to the following guidelines and as appropriate for the project:

• Compensation cost values are based on full replacement cost, as of the date that the full replacement is to be provided or at the date of project or subproject identification, whichever is higher,

• Full market prices for cash crops have to be determined based on their values as determined by the appropriate agency. Often this is the Ministry of Agriculture.

• PAPs that lose farmland allotted by the village under customary tenure are provided an equivalent plot.

• In cases of repossession of the leased lands (land-based livelihoods) ownership " ENR property" that is used or occupied by individuals for agriculture or any economic activities; - First ENR forms a committee to estimate the magnitude of the impact on the PAPs as a result of loss of income - must be offered alternative land of better or equal quality, - Ensure that the land is free of any crops or trees, otherwise compensation must be paid for it, - The rental value of the land that has been deducted for the benefit of the project must be dropped before recovering the land, - Must be ensured that there are alternative sources of income for the tenants (agricultural land, trade, employment, etc.) other than the acquired land. - Providing alternative sources of income, such as providing short term jobs in the project to compensate for the permanent loss of income.

• Willing-Temporary Use and Rental Arrangements The contractor will rely on providing a storage area for equipment and building materials; In the case that there is not enough area in ENR’s property, this will be done based on the following protocol for temporary use or rental of private land: • Giving the owner of the land the right to approve or reject to rent his land, and in this case the contractor will looking for another plot of land; • The landowner has the right to negotiate the price with the contractor; • The owner has access to the grievance mechanism at the project level; • The contractor must return the land to its original condition after the lease period ends, and any other specifications agreed upon with the landowner; • Land lease or use agreements will be documented.

7.2.3 Crop and Trees Compensation

The valuation of crops will mainly rely upon the price lists developed by the Agriculture directorate (in each governate) and revisited annually. ENR will verify on a case by case basis whether the values of the crops as stipulated in the price list are equivalent to the replacement

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cost. This should be done in consultation with farmers. ENR will ensure that the value of the compensation offered is either according to the list price, or the replacement value, whichever is higher for the benefit of PAPs.

7.2.4 Compensation for Sacred Sites

Compensation for sacred sites (e.g., proprietary rights and reconstruction) is determined through negotiation with the appropriate parties. Sacred sites include but are not restricted to: altars, initiation centers, mosques, ritual sites, tombs and cemeteries. Sacred sites include such sites or places that are accepted by local laws including customary practice, tradition and culture as sacred.

In the case of potential mosques to be removed in some stations as a result of developing the level crossings and stations: It is a facility of cultural value to individuals. The Railways Authority will coordinate with the Ministry of Awqaf to avoid any problems that may arise as a result of the removal of some of these facilities, Coordinate with them in case of demolition of mosques and the establishment of other alternative in the expansion work in the stations. The Ministry of Awqaf responsible for the Islamic houses of worship in Egypt, ENR made a memorandum agreement with Al Awqaf to coordinate the removal of some mosques for development projects. Coordination includes: - Conducting consultation activities with community members, - Establishing alternative mosques or contributing to the establishment and expansion of mosques already established; as appropriate and appropriate compensation from members of the local community. This should be done before construction begins. 7.2.5 Vulnerable Groups

The Egyptian regulation does not specifically state any privileges for those vulnerable groups. However, the World Bank ESF - ESS5 emphasizes the need to give special attention to the right of vulnerable groups to make sure that they are not excluded from any adopted measures within the overall resettlement.

By conventional definition, the vulnerable population are those groups of people who are typically excluded, disadvantaged or marginalized based on their economic, ethnic, social, or cultural characteristics. Various groups could fit within this description (e.g., women, youth, people with disabilities, refugees), there is always a need for a more specific and focused identification for them within the context of the project.

Vulnerable groups may likely be adversely affected by environmental and social impacts, while also being least likely to benefit from the project. The vulnerable groups here include tenants and informal settlers cultivating land within the ROW

Particular attention will be paid to the needs of Vulnerable Groups subject to displacement. which include those below the poverty line, the landless, the elderly (including retirees of ENR

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who lease houses within the ROW), minorities, women, children, and Informal land users (e.g. squatters, individuals, and groups who might be losing their source of livelihoods as a result of land acquisition/ repossession of the leased lands ownership " ENR property" that is used by individuals); land tenants who rely on the repossessed land as a significant source of livelihood; and those who may be disadvantaged in securing alternative livelihoods.

The project will provide customized support based on the nature of the vulnerability and the impact.

Vulnerable people will be identified at socio-economic survey stage in preparing Resettlement Plan.

In addition, according to the vulnerability of these groups, each RP developed will identify the following: a) Vulnerable people and their classification; b) The project impact on them; c) The required assistance at the various stages of the process: negotiation, compensation, moving, d) Necessary measures to assist the vulnerable person, e) Means of monitoring and evaluating the continual assistance after resettlement and/or compensation.

7.3 Entitlement Matrix

Each RP should develop a resettlement matrix that identifies the expected negative impacts from the project, the eligible persons for compensation, and the compensation standards that is to be applied. The entitlement to compensation and assistance of livelihood stabilization shall be defined according to the Egyptian regulations in compliance with WB ESS “livelihoods should be improved or at least restored to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher” .Entitlement shall be categorized based on the proposed eligibility to the loss. Since the detailed activities under this project have not yet been specifically identified, Table 7-3Error! Reference source not found. is entitlement matrix that may serve as a generic tool for identifying the possible losses arising from the expected projects and the respective entitlement benefits of the PAPs.

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Table 7-3: Entitlement Matrix for Affected Persons Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards Agricultural Land Loss of arable Permanent Farmers/Individuals • Provide cash compensation at • Consultations and formal agreement and grazing (complete or who have formal legal replacement cost for the lost with PAPs on type of compensation agricultural partial) loss of ownership rights to land6, in addition to the cost of (cash or in-kind) land or access arable and land preparing the land to levels • If available and requested by the PAPs to it grazing land similar to those of the affected and agreed to by the project and located in the land, plus the cost of any concerned authorities: provide project sites registration and transfer taxes. equivalent land nearby, of similar size, • Provide cash compensation for value, and quality loss of crops or trees, at • In case of relocation, provide assistance replacement cost. to farmers during and after the Loss of arable Permanent Farmers/Individuals • Provide development and relocation process and grazing (complete or who do not have transitional assistance in • Provide development and transitional agricultural partial) loss of formal legal locating new replacement assistance in locating new replacement land or access arable and ownership rights to lease land. land Provision of development to it grazing land land but have • Provide cash compensation assistance to enable farmers / located in the temporary or leasing for loss of crops or trees at landowners to restore land to its project sites rights (tenants) replacement cost. previous condition or better quality by providing measures to improve land

6Calculated at entitlement cut-off date.

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards Loss of arable Permanent Farmers/Individuals • No compensation for land. quality in cases of land being adversely and grazing (complete or who do not have any • Provide landless PAPs with affected. No land will be acquired prior agricultural partial) loss of recognizable legal resettlement assistance in to compensation. land or access arable and right or claim to the securing temporary or lease • For the transitional period, it is to it grazing land land rights to replacement land recommended that: located in the • Provide cash compensation Transitional assistance should be project sites for loss of crops or trees at provided at least six months are provided replacement cost. if not more for all PAPs. Market value of the crops should be considered, which is calculated based on the transitional cycle of re-growing the same type of crop, and cost involved. Loss of arable Temporary Farmers/Individuals • No compensation for land if • If the temporary loss continues for and grazing (complete or who have formal legal returned to owner in less more than one year, PAPs will be given agricultural partial) loss of all ownership rights to than one year. a choice of either continuing with the land or access or part of arable land • Provide cash compensation temporary arrangements, or selling the to it and grazing land equivalent to the affected land to the project at full located in the replacement cost at market replacement cost at current market project sites price of renting the land value including various transactional during the temporary use. costs • Provide cash compensation • Provision of development assistance to

for loss of crops or trees at enable farmers/land owners to restore replacement cost and land to its previous condition or better compensation for loss of net quality by providing measures to income from subsequent improve land quality in cases of land crops that cannot be planted being adversely affected. for the duration of the lease. Loss of arable Temporary Farmers/Individuals • Provide cash compensation • Provide adequate notification period and grazing (complete or who do not have equivalent to the (e.g. 3 months). agricultural partial) loss of all formal legal replacement cost at market Allow tenants to harvest crops

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards land or access or part of arable ownership rights to price of renting the land to it and grazing land land but have during the temporary use. located in the temporary or leasing • Provide cash compensation project sites rights (tenants) for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease. Loss of arable Temporary Farmers/Individuals • Provide cash compensation • Provision of development and and grazing (complete or who do not have any for loss of crops or trees at resettlement assistance to landless agricultural partial) loss of all recognizable legal replacement cost. PAPs with no legal rights. land or access or part of arable right or claim to the to it and grazing land land located in the project sites Urban Land (Residential and/or Commercial) Loss of urban Permanent Individuals who have • Provide cash compensation • A list of available non-arable residential or (complete or formal legal at replacement cost of land land in each affected commercial partial) loss of ownership rights to of equal size and use, with Governorate non-arable urban residential land similar or improved public • A list of PAP and entitled persons land or access or commercial infrastructure facilities and • Consultations and formal to it non-arable land services and located in the agreement with PAPs on type of vicinity of the affected land, compensation (cash or in-kind) plus the cost of any • If available and requested by the PAPs registration and transfer and agreed to by the project and taxes. concerned authorities: provide • In the case that there are structures on the land,

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards provide cash compensation equivalent land nearby, of similar size, at replacement cost for the value, and quality materials used to rebuild • Provision of development and the structures or to partially resettlement assistance, mainly in form repair an affected structure. of transition allowances for severely Loss of urban Permanent Individuals who do • In the case where there are affected PAPs (transition subsistence residential or (complete or not have formal legal structures on the land which allowance for food, moving incentive commercial partial) loss of ownership rights to have been built by the users, allowance, assistance in locating new non-arable urban residential land but have provide cash compensation at residential or commercial leasing, and land or access or commercial temporary or leasing replacement cost for the income transition allowance if to it non-arable land rights materials used to rebuild the businesses are affected). structures or to partially • For the transitional period, it is repair an affected structure. recommended that: • Provide development and • Transitional assistance should be transitional assistance in provided at least six months are locating new replacement provided if not more for all PAPs. lease land • Provision of assistance to enable the Loss of urban Permanent Individuals who do • Provide no compensation land users owners to restore land to its residential or (complete or not have any for land. pre-project condition by providing commercial partial) loss of recognizable legal • In case that there are measures to improve land quality in non-arable urban residential right or claim to the structures on the land which cases where land is adversely affected land or access or commercial land have been built by the users, to it non-arable land provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure. • Provide landless PAPs with resettlement and transitional assistance to

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards secure alternative commercial or residential land and to restore their livelihoods. Loss of urban Temporary Individuals who have • No compensation for land if • If the temporary loss continues for residential or (complete or formal legal returned to owner in less more than one year, PAPs will be given commercial partial) loss of ownership rights to than one year. a choice of either continuing with the non-arable urban residential land • Provide cash compensation temporary arrangements, or selling the land or commercial equivalent to the affected land to the project at full or access to it non-arable land replacement cost at market replacement cost at current market price of renting the land value during the temporary use • Provision of assistance to enable the • Provide cash compensation land users owners to restore land to its for loss of crops, trees, or pre-subproject condition by providing structures at replacement measures to improve land quality in cost cases where land is adversely affected Loss of urban Temporary Individuals who do • No compensation for land if residential or (complete or not have formal legal returned to owner in less commercial partial) loss of ownership rights to than one year. non-arable urban residential land but have • Provide cash compensation land or commercial temporary or leasing equivalent to the or access to it non-arable land rights replacement cost at market price of renting the land during the temporary use • Provide cash compensation for loss of crops, trees, or structures at replacement cost

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards Loss of urban Temporary Individuals who do • No compensation for land if • Provision of resettlement assistance to residential or (complete or not have any returned to owner in less landless PAPs with no legal rights commercial partial) loss of recognizable legal than one year. non-arable urban residential right or claim to the • Provide cash compensation for land or commercial land loss of crops, trees, or or access to it non-arable land structures at replacement cost Structures or Buildings (Commercial, Business, Industrial, or Residential) Loss of Permanent Individuals who have • Provide cash compensation • A list of available structures in each structures or (complete or formal legal at replacement cost which is affected Governorate access to them partial) loss of ownership rights to equal to the market cost of • A list of PAP and entitled persons structures the structures materials used to build a • Consultations and formal agreement replacement structure of with PAPs on type of compensation similar area and quality. No (cash or in-kind, i.e., relocation) deduction will be made for salvageable materials and that no depreciation will be applied Loss of Permanent Individuals who do • Provide assistance in moving • A 3-months’ notice - at least - to be structures or (complete or not have formal legal and finding similar and given to the tenants. access to them partial) loss of ownership rights to affordable rental urban residential land but have accommodation (this may or commercial temporary or leasing include moving allowance and non-arable land rights (tenants) rental allowance for a transitional period). Loss of Permanent Individuals who do • Provide cash compensation at • The Environmental and Social structures or (complete or not have any replacement cost for the Development Officer may look into the access to them partial) loss of recognizable legal structures if they were built by possibilities of formalizing the structures urban residential right or claim to the the users. following their repair. land (squatters and

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards or commercial persons in ownership • Provide assistance in moving non-arable land dispute) and finding similar and affordable rental accommodation (this may include moving allowance and rental allowance for a transitional period). Standing Crops, Trees, and Plants Loss of Permanent Farmers or individuals • Provide cash compensation • A comparative list of the prices of standing crops, (complete or who cultivate the land for loss of crops, trees, or agricultural products in local markets. trees, or plants partial) loss of and who have formal plants at replacement cost. • A list of tree and plant species in the or access to standing legal ownership rights affected area. them crops, trees, or to the land on which • The project activities should take into plants the crops are planted consideration the cropping patterns and seasons in order to avoid partial or Loss of Permanent Farmers or individuals • Provide cash compensation complete loss if possible. standing crops, (complete or who do not have for loss of crops, trees, or • All efforts shall be made to allow for trees, or plants partial) loss of formal legal plants at replacement cost. harvesting of crops prior to any land- or access to standing ownership rights to related impacts. them crops, trees, or land on which the plants crops are planted but have temporary or leasing rights (tenants) Loss of Permanent Farmers or individuals • Provide cash compensation standing crops, (complete or who do not have any for loss of crops, trees, or trees, or plants partial) loss of recognizable legal plants at replacement cost. or access to standing crops, right or claim to the them trees, or plants

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards land on which the crops are planted Income or Access to Income (Commercial, Business, and Industrial Activities) Loss of source Permanent loss Owner or workers in • Provide transitional cash • A list of available commercial, industrial, of income or of income source formal registered compensation until new and business activities in each affected access to or access to it businesses permanent employment is Governorate source of secured based on net income • A list of PAP and entitled persons. income (at least six months are • The Environmental and Social provided if not more). Development Officer shall assist in the • Provide development provision of development assistance to assistance to PAPs (i.e. training severely affected PAPs and vulnerable in specific areas) in order to groups as specific attention should be help them to maintain and/or paid to the needs of the following improve their income vulnerable groups, including: generation potential and i) Persons below the poverty line, the access to gainful employment. landless, Loss of source Permanent loss Owner or workers in • Provide transitional cash ii) Elderly, women and children, ethnic of income or of income source informal not compensation until new minorities, access to or access to it registered businesses employment is secured based iii) Project affected persons who may not source of on minimum wage per month be protected through national land income in the respective district (at compensation legislation. least six months are provided iv) persons with disabilities if not more) The RPs will include these vulnerable groups • Priority shall be given to and take into consideration their individual severely affected PAPs in the circumstances. Subsequently, the provision provision of any relevant of development assistance to severely employment in the activities affected PAPs and vulnerable groups will be related to the sub-project. through design training programs,

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards Loss of source Temporary loss Owner or workers in • Provide cash compensation for formalizing informal activities, and access to of income or of income source formal registered the duration of credit. access to or access to it businesses business/income generation • If the transitional cash compensation 6 source of that is disrupted based on net month period expires without the PAPs income income. having restored their living standard, then the period could be extended to another 3 Loss of source Temporary loss Owner or workers in • Provide cash compensation for months. However, this extension is to be of income or of income source informal unregistered the duration of granted on a case-by-case basis. Therefore, access to or access to it businesses business/income generation it is recommended that an Environmental source of that is disrupted based on the and Social Officer has to make a case study income minimum wage per month in for each PAP prior to the decision. the respective district. Community Resources Loss of Permanent All members of the • Affected land will be replaced • Identify different forms of social capital community (complete or community in areas identified in from PAPs’ point of view (i.e. social credit, assets or partial loss) of consultation with affected networks, social cohesion, etc.) access to them community communities and relevant • Consultation with PAPs to identify physical assets organizations and authorities. measures to rectify the permanent or • Provide alternative or similar partial losses in social capital. resources to compensate for the loss of access to community physical resources Temporary All members of the • Restoration of affected (complete or community community buildings and partial loss) of structures to original or better community condition physical assets • Provide alternative or similar resources to compensate for

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Project Compensation Policy & Type of Losses Level of Impact Entitled Person(s) Other Measures Standards the temporary loss of access to community physical resources Loss of Permanent All members of the • community members to take socio economic (complete or community advantage of income and/or social- partial loss) of restoration measures Provide cultural community non- alternative or similar resources relationships/ physical assets to compensate for the loss of networks or access to community social access to them capital Temporary All members of the • Provide development (complete or community assistance to enable partial loss) of community members to take community non- advantage of income physical assets restoration measures noted above • Provide alternative or similar resources to compensate for the temporary loss of access to community social capital

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7.4 Organizational Arrangements and Procedures for Delivery of Entitlements

7.4.1 Institutional and Organizational Arrangement of ENR

The implementation will be shared between Egypt National Rail (ENR) and Ministry of Transport (MoT); MoT will have a supervisory role with the ENR only in Component 3. ENR has been the implementing agency for the ENRRP for more than 10 years. The Bank has offered number of capacity building support needed to enable ENR to fulfill their main responsibilities and will continue to strengthen the capacity of ENR’s team, as needed. For RISE, ENR will reorganize the existing Project Management Unit (PMU) to a fully staffed PMU with the necessary resources exclusively dedicated to RISE operation and arrangements to tap into wider pool of ENR experts throughout the project implementation. The PMU will be staffed with one full time Environmental Specialist, one Health and Safety Specialist, and one full-time Social specialist.

Under ENRRP, the Environment Affairs Department (EAD) has been handling land related issues, but for RISE, the Social Specialist of the PMU will be responsible for handling land related issues. This department currently consists of the Director, 5 environmental specialists and 2 social specialists. The Director of ENR’s EAD is currently a formally seconded member of ENRRP PMU. Created under ENRRP, the department also interacts with other international donors financing ENR.

The role of the PMU Social Specialist will be critical in reaching out to the site locations, conducting consultations, monitoring the implementation of all the social measure associated with the ESMP, ensuring the grievance system is operational, examining the need for preparing RPs and participating in the process of the RP preparation and monitoring. The Social Specialist will continue to monitor the complaints received from PAPs and ensure that prompt response is offered to deal with their concerns.

At the local level, ENR has land property officers who work for the land property department and are responsible for the land usage of the right of way. The officers are responsible for a specific segment of the railway corridor. This division is made on a basis of ENR regions and is not necessarily linked to the governorates. Those department report to the General Manager of rental agreement in ENR Cairo. Land property officers are responsible for the conducting regular census surveys of the right of way and detecting any encroachments. If encroachments are observed, they are responsible of collecting annual fees from land users, this can be done on an installment basis. No contracts are newly established with ENR, the fee is a symbolic value with a receipt in return indicating that land can be taken when needed. For establishing contracts, the land user can go to MOT, a company assigned by ENR to invest their land plots. The rental value for new contracts is as the market price and therefore, most land users prefer to not have formal contract and pay to ENR a symbolic fee.

Moreover, ENR forms a committee to identify technically appropriate sites for the implementation of project. This committee is comprised of representatives from the following entities: project department (Cairo), signaling department (local level), permanent railways department (local level), properties department (local level), contractor and supervision consultant.

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Other support entities

• Ministry of Agriculture The Agriculture Directorate intervenes in case, the project needs land located outside the ENR property, or needs an estimation of compensation of crops and trees, as well as in the case of farmers' grievances to clarify the boundaries of their properties from the ENR property. The Agriculture Associations, is responsible for the following

• Provide a proof of property documentation for lands and crops • Nominates a member to accompany Compensation Committee (comprised of ENR land property departments, ENR PMU, a member of the legal affairs, financial member, and an official from the local governorate unit) during the inventory, Compensation Committee responsibilities: o Inventory of assets of project affected persons o Estimate compensatory values o Consultation with those affected and the relevant authorities o Compensation delivery • Estimates the value of crops and trees according to their actual conditions • Participate with the Compensation Committee during the payment of compensation • Attend individual consultations related to the resettlement • Publish PAPs lists in the agriculture association

• Governorate Authority and Local Governmental Units are responsible for • Providing the construction permits for new technical buildings • Coordination between the project and the Traffic and Roads Department to facilitate construction and tunnels along the road and slides • Participate with the Compensation Committee during the payment of compensation

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8 CONSULTATION AND DISCLOSURE ARRANGEMENTS

8.1 Consultations during project implementation

The project will employ inclusive and systematic stakeholder engagement and consultation mechanisms throughout the project cycle. The project’s Stakeholder Engagement Plan (SEP) sets out the various processes to support such an approach for all of the project’s stakeholders. When land acquisition or displacement impacts are concerned, it is crucial that affected persons and other primary stakeholders are consulted from the very early stages, and that relevant and adequate information about the project and its activities is provided to them in a timely manner, since this would: • Help to identify the project impacts and the affected individuals, households, and communities (especially the most vulnerable groups) • Allow for the collection of more accurate data for the socio-economic survey • Make the delivery of compensation measures more transparent • Reduce the potential for conflicts and minimize the risk of project delays • Support the formulation and design of resettlement programs and rehabilitation measures that meets the needs and priorities of the affected people Consultation with affected persons will take place as early as possible in implementation of project activities and well in advance of activities such as final site selection of STB, MTB, trenching activities, work at level crossings, etc. and ENR handover of work sites to contractors. The strategy involves provision of a full opportunity for involvement and will be an ongoing process. For example, consultation with affected persons would occur at the following stages: • Preparation of master lists and screening phases to identify affected persons and perform initial assessment of impacts • Preparation of the socio-economic studies • Preparation of Resettlement Plan (where needed) • Drafting and reading of compensation agreements or changes in lease arrangements • Implementation of Resettlement Plans

Affected persons shall be well informed of the following information: ▪ Project Components ▪ Project Impacts ▪ Public consultation and disclosure of information ▪ PAP’s legal rights and entitlements ▪ Compensation policies ▪ Resettlement activities ▪ Grievance Mechanism ▪ Implementation schedule ▪ Organizational responsibilities

In details, stakeholder engagement for land taking on ENR right of way, which is the most common practice, and therefore, the process is detailed: As part of RISE project, to determine that a land plot has been determined is technically acceptable. Resettlement Framework 80

Resettlement Plans will demonstrate how the views of affected persons have been taken into account. No construction will start prior to harvesting crops, rental receipts modified, and compensation disbursed, if needed. After implementation of the resettlement plan, land tenant or user will be consulted, to ensure satisfaction on the process, within 3 months. In case land is owned by another government entity, the same procedure will apply for notification period, documentation and compensation procedures. Consultation processes shall ensure that women’s perspectives are obtained and their interests are factored in to resettlement planning and implementation. Specifically, site visits have to be paid to the vulnerable groups in order to inform them about the project and its positive and adverse impacts. Additionally, they are to be informed about the grievance mechanism and given the contacts in order to get the needed information. ENR will maintain records of all consultation processes with affected persons including correspondence, minutes of meetings, interviews.

8.2 Information disclosure and local access to information

ENR will take steps to ensure that affected persons and communities can obtain relevant information relating to the project in general and the land acquisition and resettlement arrangements in particular. As a first step, the RP documents will be disclosed and available to the public, in English and Arabic on ENR/ project website, in the premises of different entities at the central and local levels, including local government units, as per the SEP. Additionally, summary contents of the RF and RP, including compensation rates for all categories of land and assets, eligibility criteria for all modes of assistance, and information regarding the project grievance procedures, will be posted in an accessible and prominent place accessible to project affected persons. Consultation and community engagement activities should take place according to World Bank Environmental and Social Standards ESS10. The Stakeholder Engagement Plan SEP to be prepared by the ENR should include a consulting plan for groups affected by the land acquisition and displacement including potential vulnerable groups.

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9 GRIEVANCE MECHANISMS (GM)

Having a grievance mechanism in place is important for PAPs to be able to find a space to submit their complaints, if any, during the project implementation. GM should be expected and planned for from the beginning of the project. The objective of a grievance procedure is to ensure that all comments and complaints from any project stakeholder are considered and addressed in an appropriate and timely manner. A GM is already in place as part the ENRRP. Contractors working on the segments of the ENRRP are aware of the GM and its’ requirements to make it functional, new contractors who will be working on Segment 3 will need to be trained on the project-level GM. For RISE, grievances will be handled at the project level by the social specialist at the Project Management Unit (PMU) in coordination with the contractors. While all GM channels mentioned below will be shared with the PAPs, land tenants and users will be advised to contact ENR. If contractors receive land related complaints, they will report within 24 hours with the Social Specialist of the PMU, who will register, follow up and find satisfactory solutions with the complainant. However, during ENRRP implementation, no complaints have been recorded. Supervision by ENR will ensure that complaints are properly handled without delay that may negatively affect the project, information is shared transparently, and accountability of the ENR to the hosting communities is clearly communicated.

9.1 The project GM

Under ENRRP, the project developed a mechanism for handling project-level complaints and grievances with the aim of ensuring that project related complaints are addressed in a timely and transparent manner. The project GM is designed to accept grievances from all project stakeholders.

9.1.1 Grievance Channels • Complaint boxes at the entrance of the construction site, with a complaints form (Annex 2 Complaints form that was developed for the project(; • Submit an oral complaint to the site manager or contractor official; • Two phone numbers: available on the project identification board at the entrance to the construction sites. - Contractor's official, and it changes from one site to another - ENR official (from ENR environmental affairs department (EAD)), as part of RISE, the Social Specialist at the PMU will take over those responsibilities. Grievance are documented through the grievance log, which is designed for this project to ensure documentation and follow-up (see Annex 5 Grievance Log).

9.2 Grievance Cycle As part of the RISE implementation, project-level grievances will follow the following cycle. Complainants have the full right to submit their grievance to any of the project-level as well as institutional level channels. While the institutional GM (described below) has not been used by the project yet, linkages will be established, as per the ESCP.

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9.2.1 Grievances’ Tiers Composition Various tiers of grievances will be adopted by the project. The complainant can target his/her complaint to one or more tiers at the same time. Following are the proposed tiers of grievances: • Tier 1: Local level: Contractor and/or site engineer during construction and station Manager during operation

• Tier 2: The Social Specialist of the PMU at Headquarters in Cairo; • Tier 3: Through the Ministry of Transport website

All complaints are anticipated to be solved on the site level; however, for those who want to escalate their complaint to a higher level, will also be able to do so as indicated above. Moreover, complainants will also be able to resort to the court, if they desire. One of the project’s functions is to provide aggrieved people with an avenue for amicable settlement without necessarily having to pursue a court case. The aggrieved person has to receive the response to his/her complaint within 10 days. If the grievance mechanism, was not properly re-solved, the aggrieved persons are entitles to raise their complaint to higher level.

The following paragraphs describe a grievance mechanism that will be established as part of RISE and that is consistent with ESS10.

9.2.2 Response to Grievances A best practice standard is to acknowledge receipt of complaints within 2 calendar days and to respond complaints, within a maximum of 10 working days. This is also applicable for cases that do not need any corrective action. For complaints that will be resolved in a longer period due to their complexity, the following steps will be considered: - The aggrieved person has to be informed of the proposed corrective measure within a maximum of 10 days. - Implementation of the corrective measure and its follow up have to be communicated to the complainant and recorded in the grievance register. Response will be made either verbally or in writing, in accordance with the preferred method of communication specified by the complainant. All comments and complaints will be responded to either verbally or in writing, in accordance with the preferred method of communication specified by the complainant. Comments will be reviewed and taken into account in the project preparation; however, they may not receive an individual response (unless it is required).Complainant, through the use of the complaint tracking number, can follow up on their complaints through a range of methods including postal mail, e-mail, phone, customer service, and/or project location.

9.2.3 Registration of Complaints The project management will keep a grievance log and grievances and communications received by the PMU Social Specialist will be registered and appropriate documentation of the process will be kept. Proper administration and internal records of stakeholder complaints and communications are essential for transparency and quality of ENR responsiveness and reporting to stakeholders on

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the resolution of grievances. Comments will be reviewed and taken into account in the project preparation. Report on grievance management will be included as part of the quarter project progress reports and annual grievance management reports will also be prepared.

9.2.4 Confidentiality Individuals who submit their comments or grievances have the right to request anonymity. Communication with complainants, in those cases, will depend on the available information complainant has shared. Confidentiality should be declared during the process of disseminating GM information.

9.2.5 Management of GM During construction and operation phases, grievances in relation to construction activities will be managed by the social specialist of the PMU. With regard to complaints submitted through the Institution level channels, direct communication will take place with the social specialist of the PMU.

9.2.6 Monitoring of Grievances All grievances should be monitored by ENR in order to verify the process. Monitoring will be carried out for the following indicators: 1. Number of monthly received grievances (disaggregated by channel, gender, age); 2. Categories of grievance received; 3. Number of grievances resolved; 4. Number of unresolved complaints; 5. Timeframe for resolving complaints; 6. Number and type of dissemination activities implemented; 7. Number of complainants responded in a satisfactory manner; 8. Timeframe for responding to complaints; 9. Level of satisfaction with solutions; 10. Documentation efficiency.

Quarterly Grievance Monitoring Report should be developed to keep track of all grievances submitted. The quarterly reports should include an analysis for the above-mentioned indicators. Moreover, main findings and analyses should be documented in annual report that will be disclosed as detailed in section 6.3.6. The report should be developed by the Monitoring and Evaluation staff at ENR headquarters.

9.2.7 Disclosure of grievances Grievance channels should be disclosed as well as an annual report analyzing the received complaints should be prepared. The annual report will include as indicated previously the above- mentioned indicators. Moreover, any disclosed grievances will be kept anonymous and/or only the annual report will be disclosed.

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9.3 Current GM Central/ Institution level utilized by ENR In the meantime, ENR has a complaints system for passengers and the public. The management and operation of this institutional level GM are the responsibility of the Complaints and Customer Service Directorate, which is affiliated to the Presidential Affairs Central Directorate. ENR’s institutional GM is accessible to project beneficiaries and stakeholders; thus, it is possible that project related complaints are submitted through the institutional channels. Therefore, linkages between the project-level GM and the institutional GM of ENR will be established as per the ESCP.

9.3.1 Grievance Channels at the central level Complaints could be submitted through multiple intake points, including submission by hand, telephone, or by email. Below are the main channels for grievance: • Complaint boxes in all railway stations; • An email address linked to the ENR website ([email protected]); • A landline disclosed on the ENR website (+2 02 25748279); • A digital complaint form linked to the website of the Ministry of Transport; • Two telephone lines (01274422925 - 0225753555), and • A hotline (15047).

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10 FUNDING ARRANGEMENTS

Given that works on Component 1 are 70% complete with only one new 125 km segment (segment 3) being added in RISE, and given experience on ENRRP, the number of PAPs could be provisionally estimated for planning purposes at 100. No new land will be acquired. Land impacts are not expected under Component 2. PAPs are predominantly individual tenants at certain points along the ROW, who have legal lease arrangements requiring amendment when lands are repossessed and who may experience minor economic displacement impacts that may be temporary and easily mitigated by letting agricultural users harvest crops before impacts occur. Special assistance and livelihood restoration measures may also be provided in-kind. Therefore, a provisional budget estimate is 200,000 EGP.

The resettlement plan for a Bank financed project should include an itemized, indicative budget and the implementing agency will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the Bank financed project. This budget will be subject to the approval by the implementing agency.

The implementing agency will have to finance the resettlement compensation because they will be impacting on the people’s livelihoods. Disbursements based on budgetary requirements, established by the resettlement plan in consultation with PAPs and local leaders, will be made through the relevant Governorate and implementation agency.

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11 MONITORING AND EVALUATION ARRANGEMENTS

In order to assess whether the goals of the resettlement and compensation plan are being met, a monitoring plan will be required. The monitoring plan includes indicators to be monitored, introduces milestones, and provides resources including responsible persons or institutions to carry out the monitoring activities. The arrangements for monitoring resettlement and compensation activities will be part of the monitoring and reporting process of the project, which will fall under the overall responsibility of the implementing agency (ENR).

The ENR, with support from the Environmental Department, will institute an administrative reporting system that:

• Alerts the project authorities on the necessity and procedures for land acquisition for the project activities and the need to incorporate land acquisition, resettlement, loss of assets and impact on livelihood provisions in design specifications and budgets. • Provides timely information about asset valuation and negotiation process. • Maintains records of any grievances that require resolution. • Documents timely completion of project resettlement • (e.g., payment of the agreed-upon sums, construction of new structures) for all permanent and temporary loses, as well as unanticipated, additional construction damage. • Updates database with respect to the changes that occur on the ground as resettlement and compensation activities are being implemented. RF require that where appropriate and where determined to be cost effective, ENR should host the monitoring and evaluation of the project. In carrying out all activities related to monitoring, evaluation and supervision, consideration will be given to the vulnerability issues. The different vulnerable groups referred to above should be consulted during the monitoring process to ensure that their concerns are handled fairly. Third party monitoring will be contracted by ENR in order to apply a rapid assessment for the activities done under the RAP, as well as, the impact of involuntary resettlement on the livelihood of community people. A final impact report will be prepared and submitted to the WB. The monitoring objective will be to make a final evaluation in order to determine:

• If affected people have been paid in full and before implementation of the project activities, • If the people who were affected by the project activities have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are actually poorer than before.

11.1 Indicators

In order to assess whether these goals are met, indicators capable of measuring RP performance will have to be developed.

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A number of objectively verifiable indicators must be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social and economic wellbeing.

Table 11-1: Sample indicators Monitoring Evaluation

To what extent are tenants and informal Consultation activities conducted with tenants settlers able to restore their livelihoods, any and informal settlers after implementation of link to vulnerability or other sources of the RP, within 3 months, to verify their income? satisfaction with the process and the need for any corrective measures. Stakeholder engagement activities Records o stakeholders engagement activities conducted (number of activities and proper documentation)

Livelihood restoration Follow-up of all measures related to livelihoods restoration, starting from census survey and determining the severity of impact. Public information dissemination and Timeliness, quality, and effectiveness of consultation procedures consultation and information disclosure Payment of compensation to PAPs in various Conformance to compensation standards categories described in the RP Completion dates of the RP activities. Actual completion of resettlement activities compared with the RP time schedule Number of grievances Timeliness and quality of decisions made on grievances Grievances recognized as legitimate out of all All legitimate grievances rectified complaints lodged

11.2 Record Keeping

Financial records regarding all land transactions will be maintained by ENR.

The records will permit the verification of the final cost of resettlement and compensation per individual or household. Each person receiving compensation will have a dossier containing:

• Individual bio-data information, • Number of people s/he claims as household dependents, • Amount of land available to the individual or household when the dossier is opened. • Level of income and of production through an inventory of material assets and improvements in land, and debts.

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12 REFERENCES

[1]

World Bank, Environmental and Social Standards (ESS), ESS5, ESS10.

Available at: http://documents.worldbank.org/curated/en/476161530217390609/ESF-Guidance- Note-10-Stakehold-Engagement-and-Information-Disclosure-English.pdf https://www.worldbank.org/en/projects-operations/environmental-and-social- framework/brief/environmental-and-social-standards#ess5

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Annex 1: Land Screening Form

Land Questionnaire to determine whether ESS5 will be triggered or not

Project Name: Site Name: Date of Questionnaire:

Statement Notes 1 Will the works require acquisition of Yes No private land (temporarily or permanently)? 2 Will the works impact assets such as Yes No residential or commercial building, fences, water wells, or other household structures such as kitchens, outside toilets? 3 Will the works result in loss of crops, Yes No or Trees? 4 Will the works result in physical Yes No displacement of individuals, family, and businesses? 5 Will the works result in temporary or Yes No permanent loss of economic activities such as farming or business from shops? 6 Will the works impact individuals or Yes No entities encroaching on land? ➢ If the answer to any of the above Questions is “yes”, appropriate mitigating measures and documentation are required in accordance with the project’s RF. ( A RP or other documentation would need to be prepared for these cases)

7 Are the works located in the vicinity Yes No of a place of spiritual or cultural meaning or use, have historic value, or might contain historical artefacts? 8 Any other potential community Yes No health and safety impacts noted (e.g. proximity of works to schools; traffic or pedestrian safety issues( ?

➢If the answer to Question 7 or 8 is “Yes” the contractor EHS Plan must address these issues.

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- Name : 9 Information about land user: - Age: - Function : - Phone: - Social status : - Number of sons/daughters: -Number of employed sons:

10 Information about the land:- Existence of tenancy contract: Yes No

Duration of contract : ------The cost value of tenancy: .

Farmers who using the land: Total area of the used land: The area of the plot needed to be deducted: Crops planted in the land: Average annual income of the land:

11 The impact of annual income:

12 Other livelihoods for the land user: Yes No Using of other lands : Possession Type: Land Area : Total annual income

13 Date of handing over the land plot to ENR.

14 Date of notifying the land user

15 Existence of any complaints: Yes No

Description of Complaint: Date of complaint :

Reply to complaint:  Answered  No Other proposals : response

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16 Were there alternatives sites before Yes No the design of the project?

17 Are the procedures of land Yes No acquisition documented with land users? (If so please provided documentations)

➢ ESS5:  triggered  not triggered

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Annex 2: Master lists for Cairo Banha, Cairo Beni Suef, Beni Suef – Asyut and Asyut- Nagh Hammadi Project

1. Master List for Cairo-Banha Project (1/12/2020 ) • Technical Buildings on Cairo– Banha Project: No Type Location Update Status Final O.P 4.12 Technical Building Governorate Baseline (km) status 1. North Cairo MTB 0.500 Cairo An existing building will be rehabilitated. 2. Farz Waborat MTB 2.500 Cairo An existing building will be rehabilitated. 3. Farz Waborat 2.550 The building will be constructed in an empty land STB Cairo plot in ENR property 4. Tawdeeb MTB 4.900 Cairo An existing building will be rehabilitated. 5. Shubra MTB 7.00 Qaliubya An existing building will be rehabilitated. 6. Qaliub 13.900 Work has started in MTB Qaliubya An existing building is rehabilitated. 15-Nov-2020 7. Qaha 25.500 Commissioned in Closed MTB Qaliubya An existing building was rehabilitated. 11-June-2020. 8. Qaha 25.550 The building was constructed in an empty land plot Commissioned in Closed STB Qaliubya in ENR property 11-June-2020. 9. Toukh 33.500 Commissioned in Closed MTB Qaliubya An existing building was rehabilitated. 19-Mar-2020. 10. Toukh 35.550 The building was constructed in an empty land plot Commissioned in Closed STB Qaliubya in ENR property 19-Mar-2020. 11. Sandanhour 40.100 Commissioned in Closed MTB Qaliubya An existing building was rehabilitated. 19-Mar-2020. 12. Sandanhour 40.150 The building was constructed in an empty land plot Commissioned in Closed STB Qaliubya in ENR property 19-Mar-2020. 13. Banha MTB 45.300 Qaliubya An existing building will be rehabilitated.

The building will be constructed in an empty land Banha STB 45.330 Qaliubya 14. plot in ENR property

* MTB: Main Technical Building * STB: Secondary Technical Building

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• Level Crossings (LXs) on Cairo - Banha Project:

Location Baseline Update Status Final status O.P 4.12 No. LX Governorate (km) Rose El Yousef 0.800 No Land-related issues 1. Cairo No work has started yet No work has started yet 2. Abu Ghatis Cairo 1.200 No Land-related issues 3. Abu Khalifa 2.300 Cairo No Land-related issues No work has started yet cancelled 4. Sharqaweya 8.600 Qalioubya cancelled

No work has started yet 5. Met Namaa 10.00 Qalioubya No Land-related issues No Land-related issues 6. Met Halfa 12.100 Qalioubya No work has started yet No Land-related issues 7. Balaqs 14.300 Qalioubya No work has started yet No Land-related issues 8. El Gaz 15.100 Qalioubya No work has started yet 9. Qalama 18.500 Qalioubya No Land-related issues Civil works was finished by Thales Closed 10. Sindeon 21.500 Qalioubya No Land-related issues Civil works was finished by Thales Closed 11. Qaha 25.500 Qalioubya No Land-related issues Civil work hasn't finished yet 12. Zaki 28.200 Qalioubya No Land-related issues Civil work hasn't finished yet 13. Kafr El Gemal 31.100 Qalioubya No Land-related issues It was previously developed by Kernex company Closed 14. Toukh17 32.500 Qalioubya No Land-related issues It was previously developed by Kernex company Closed 15. Toukh18 33.600 Qalioubya No Land-related issues It was previously developed by Kernex company Closed 16. Beltan 35.700 Qalioubya No Land-related issues Civil works was finished by Thales Closed 17. Safaina 36.300 Qalioubya No Land-related issues Civil works was finished by Thales Closed 18. Sandahour 40.200 Qalioubya No Land-related issues Civil works was finished by Thales Closed 19. Met Asem 42.300 Qalioubya No Land-related issues Civil works was finished by Thales Closed Banha Zaqazik east No Land-related issues 20. 0.800 ___ internal No work has started yet Banha Zaqazik east No Land-related issues 21. 0.900 ___ external No work has started yet

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2. Master List for Cairo-Beni Suef Project ( 1/12/2020 )

Technical Buildings on Cairo-Beni Suef Project:

Location Base line Final status O.P 4.12 No. EIS Governorate Update Status (km) 1. South Cairo 0.558 Cairo An existing building will be rehabilitated. 2. Embaba 3.365 Giza An existing building will be rehabilitated. The land plot designated for the new building is an empty 3. Bashteel 5.600 Giza land plot (in ENR property) vacant from any user.

4. Boulaq 9.830 Giza An existing building will be rehabilitated. 5. Giza 13.780 Giza An existing building will be rehabilitated. 6. Abu El Numerous 18.525 Giza An existing building will be rehabilitated.

7. TAMUH 22.912 Giza An existing building will be rehabilitated.

8. El Hawamdiya 27.198 Giza An existing building will be rehabilitated. 9. EL Badrashin 32.119 Giza An existing building will be rehabilitated. 10. EL Maraziq 36.815 Giza An existing building will be rehabilitated.

11. El Mazghona 44.313 Giza An existing building will be rehabilitated. 12. El Blida 51.689 Giza An existing building will be rehabilitated. 13. El Ayaat 58.877 Giza An existing building will be rehabilitated.

14. Kafr Ammar 72.809 Giza An existing building will be rehabilitated. 15. El Reqa 83.176 Giza An existing building will be rehabilitated. 16. El Wasta 91.466 Beni Suef An existing building will be rehabilitated. 17. Beni Hedir 101.439 Beni Suef An existing building will be rehabilitated. 18. Naser 115.109 Beni Suef An existing building will be rehabilitated. 19. Beni Suef 123.697 Beni Suef An existing building will be rehabilitated.

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• Level Crossings (LXs) on Cairo-Beni Suef Project: Location No. LX Governorate Base line Update Status Final status O.P 4.12 (km) 22. EL NEGILY 1.030 Giza 23. BASHTEEL EL BALD 6.015 Giza 24. EL GIZA 13.064 Giza 25. ABU EL Numerous 19.139 Giza Modernized by kernex 26. Manyel ABU Sheha 20.439 Giza Modernized by kernex 27. TAMUH 22.952 Giza Modernized by kernex 28. Om Khenan Bahry 25.500 Giza Modernized by kernex 29. Om Khenan Qebly 26.057 Giza Modernized by kernex 30. El Hawamdiya 27.590 Giza Modernized by kernex 31. Abu Robaa 29.709 Giza Modernized by kernex 32. EL Badrashin Bahry 32.446 Giza 33. 34. EL Maraziq EL Mahata 37.152 Giza 35. EL Maraziq 2 EL Talaga 38.732 Giza Modernized by kernex 36. Abu Ragwan EL Mahata 40.629 Giza 37. EL Dokemy Qebly kernex 41.648 Giza Modernized by kernex 38. Nazlet EL Shobek 42.605 Giza 39. Mazghona 44.252 Giza Modernized by kernex 40. EL Denawya 47.194 Giza Modernized by kernex 41. Kafr EL Dbeaay 49.340 Giza Modernized by kernex 42. EL Blida EL Mahata 51.770 Giza 43. EL Blida EL Balad 52.440 Giza 44. EL Atff 54.298 Giza 45. Bahbbit 56.022 Giza 46. EL Mesanda 57.503 Giza 47. El SAD el AALY 57.650 Giza 48. EL Ayaat EL Mahata 58.778 Giza Modernized by kernex 49. Kafr SHehata 62.777 Giza 50. EL Metanyaa EL Mahata 64.770 Giza

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51. EL Maqatifya 67.300 Giza 52. KAFR ASEM 67.814 Giza 53. Meet EL Qayed 69.020 Giza Modernized by kernex 54. Manshyat ABU ELAbbas 71.331 Giza 55. Kafr Barakaat 72.095 Giza 56. Kafr Ammar EL Mahata 72.706 Giza 57. Kafr Ammar EL Balad 73.208 Giza 58. Kafr Turkey 74.525 Giza 59. EL Barghoty EL Bahry 76.000 Giza 60. EL Barghoty EL Qebly 76.683 Giza 61. EL Qetorry 77.904 Giza 62. Kafr Garaza 1 79.215 Giza 63. EL Reqaa Bahry 81.921 Giza 64. EL Reqaa EL Mahata 83.116 Giza 65. Atuap 86.316 Beni Suef 66. El Atf 88.622 Beni Suef 67. Aefoua 89.909 Beni Suef Modernized by kernex 68. El Wasta 91.286 Beni Suef Modernized by kernex 69. EL Souq (EL Shader) 93.450 Beni Suef Modernized by kernex 70. EL Magharba 94.054 Beni Suef 71. Qshesha 95.525 Beni Suef 72. Kum Areha 98.491 Beni Suef 73. Bani Hedir 101.309 Beni Suef 74. El Maymoon 103.054 Beni Suef Modernized by kernex 75. Kubrey El Souq 106.980 Beni Suef 76. Ashmant EL Mahatta 107.784 Beni Suef 77. EL Zaytoun 110.990 Beni Suef 78. Naser 115.700 Beni Suef Modernized by kernex 79. Sherief Basha 119.700 Beni Suef 80. Masnaa EL Nasig 121.500 Beni Suef Modernized by kernex 81. Azmey 122.206 Beni Suef Modernized by kernex 82. 6 October 123.612 Beni Suef Modernized by kernex

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83. EL Gamrawy 125.350 Beni Suef 84. EL Sadat 125.940 Beni Suef 85. EL Sahaara 126.722 Beni Suef Modernized by kernex 86. El Fayomy 1.550 El Fayomy Modernized by kernex 87. EL Mukaram 1.305 El Fayomy

3. UPDATES THE MASTER LIST OF BENI SUEF – ASYUT PROJECT (30/12/2019) • Main Technical Buildings (EIS)

No. Location Base line Handing over Final status Next Steps O.P 4.12 EIS Governorate Update Status (km) Date An empty land plot 23/10/2017 Construction work has started in Closed 20. Beba 145 Beni Suef vacant of any users 25/4/2019 21. An empty land plot 23-10-2017 Closed El Fashn 159.363 Beni Suef Construction work has not started yet vacant of any users An empty land plot The building has been completed and Closed 22. Maghagha 179.533 Minia vacant of any users 1-3-2017 entered in to service An empty land plot 22-10-2017 The building has been completed and Closed 23. Beni Mazar 198.312 Minia vacant of any users entered in to service An empty land plot Construction work has started in Closed 24. Matai 207.000 Minia vacant of any users 27/12/2017 25. An empty land plot 13-6-2016 Closed Samalut 222.350 Minia Construction work has not started yet vacant of any users An empty land plot Construction work has started in Closed 26. AL-Minia (CTC) 246.700 Minia vacant of any users 29/5/2017 An empty land plot The building has been completed and Closed 27. Abu Qurqas 267.000 Minia vacant of any users entered in to service An empty land plot The building has been completed and Closed 28. El Roda 285.300 Minia vacant of any users entered in to service An empty land plot 22-11-2017 Construction work has started in Closed 29. Mallawi 292.700 Minia vacant of any users 13/5/2018 30. An empty land plot 10-5-2017 Closed Deirut 313.120 Asyut Construction work has started vacant of any users 31. An empty land plot 22-10-2017 Closed El Qusia 327.310 Asyut Construction work has started vacant of any users

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32. An empty land plot 21-8-2017 Closed Manfalut 346.080 Asyut Construction work has not started yet vacant of any users 33. The designated plot is an 22-4-2019 Still Opened ENR provided an agricultural land used by access to the plot Mr.Farghali agreed to deduct the required Manqabad 366.479 Asyut a farmer (Mr. Farghali) in its property plot from the total area leased from ENR used by some farmers An empty land plot 23-11-2017 Closed 34. Asyut 375.458 Asyut Construction work has not started yet vacant of any users

• Secondary Technical Buildings (SER): No. Sector Location Handing over Update Status Final Next Steps OP 4.12 SER Governorate Base line (km) Date Status 14. An access to the plot Still GDE representative will is conducted by Nile Opened visit the site and SER 1 130.900 Beni Suef No access to the plot --- Company in ENR examine the status of property the used land Beba 15. ENR will separate the Still Follow up if any An empty land plot plot location from a Opened neighboring land will SER 2 138.115 Beni Suef ---- vacant of any users yard owned to a be required farmer 16. No access due to The farmer doesn’t Follow up commencing existence of an object to the work at the site and ---- Still SER 3 151.625 Beni Suef irrigation canal and deduction of one executing a steel Opened El Fashn the designated plot is carat only. simple bridge as an used by a farmer access 17. An empty land plot Construction work Closed SER 4 166.262 Beni Suef vacant of any users has not started yet 18. 19/7/2017 Construction work Closed An empty land plot SER 5 173.148 Minia has started in vacant of any users 28/1/2018 Maghagha 19. 19/7/2017 Construction work Closed An empty land plot SER 6 185.800 Minia has started in vacant of any users 10/1/2018 20. Construction work Closed An empty land plot SER 7 Beni Mazar 192.095 Minia has started in vacant of any users 28/1/2018

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21. Construction work Closed An empty land plot SER 8 203.154 Minia has started in vacant of any users 4/2/2018 22. ENR provided an The required area for Mattai No access to the plot, 28/3/2019 access road to the Still the road deducted SER 9 214.784 Minia Presence of plot in its property Opened from the rent cost after cultivated lands used by farmers users' agreement (documented) 23. Construction work An empty land plot SER 10 Samalut 228.177 Minia has not started yet Closed vacant of any users

24. An access to the plot ENR paved an old GDE representative will needed to be road next to Still visit the site and SER 11 234.066 Minia provided, Presence irrigation canal to Opened examine the status of of cultivated lands in reach the site the used land the plot location. 25. Minia An empty land plot 5/12/2018 Construction work Closed SER 12 239.937 Minia vacant of any users has not started yet 26. The farmer agreed to the plot was deducted Presence of 5/12/2018 deduct the plot from from the rent cost, SER 13 252.893 Minia cultivated lands in Closed total area leased ALSTOM compensated the plot location from ENR the farmer for crops 27. 18-7-2017 Construction work Closed An empty land plot SER 14 259.700 Minia has started in vacant of any users Abu 20/11/2017 28. Qurqas 18-7-2017 The building has An empty land plot SER 15 273.240 Minia been completed and vacant of any users Closed entered in to service 29. 18-7-2017 The building has An empty land plot SER 16 El Roda 279.228 Minia been completed and vacant of any users Closed entered in to service 30. Land plot limits is 14-1-2019 ENR separated the Closed SER 17 Mallawi 299.503 Minia undetermined with a land plot in its farmer property property 31. --- Nile Company started Still GDE representative will No access for heavy to pave and expand Opened visit the site and SER 18 Deirut 306.350 Minia equipment or the road to the site in examine the status of vehicles ENR property the used land

Resettlement Framework 100

32. An empty land plot 22-4-2019 Construction work Closed SER 19 320.504 Asyut vacant of any users has not started yet El Qusia 33. An empty land plot 22-4-2019 Construction work SER 20 333.638 Asyut vacant of any users has not started yet Closed 34. An empty land plot 22-4-2019 Construction work SER 21 339.876 Asyut vacant of any users has not started yet Closed Manfalut 35. An empty land plot 22-4-2019 Construction work Closed SER 22 352.780 Asyut vacant of any users has not started yet 36. An empty land plot 22-4-2019 Construction work Closed SER 23 359.467 Asyut vacant of any users has not started yet Manqabad 37. An empty land plot 22-4-2019 Construction work Closed SER 24 371.200 Asyut vacant of any users has not started yet

• Level Crossings (LXs): Location Base line Hand over Update Status Final Next Steps O.P 4.12 No. LX Sector Governorate (km) Date status No Land-related 15-8-2019 Civil works were Closed 88. Tezamint 129.769 Beni Suef issues completed Zaza No Land-related Ready for hand over to Closed 89. 133.201 Beni suef issues ALSTOM A small mosque The obstacles were ENR provided a sum of Tansa and bathroom need 5-11-2018 removed and civil Closed money for renovation 90. 135.207 Beni suef removal for works were completed of another mosque expansion close to this one No Land-related Ready for hand over to Closed 91. EL-Baranqua 136.480 Beni suef issues ALSTOM

Beba No Land-related 7-12-2017 Civil works were Closed 92. Bani Madie 137.963 Beni suef issues completed No Land-related 11-7-2018 Civil works were Closed 93. Taha El-Besha 140.410 Beni suef issues completed No Land-related Ready for hand over to Closed 94. El-Soultany 141.380 Beni suef issues ALSTOM No Land-related Ready for hand over to Closed 95. El-Fabriqa 144.000 Beni suef issues ALSTOM No Land-related Ready for hand over to Closed 96. Beba 145.485 Beni suef issues ALSTOM

Resettlement Framework 101

No Land-related 15-2-2018 Civil works were Closed 97. Sods 149.727 Beni suef issues completed No Land-related Ready for hand over to Closed 98. El-Sharahna 156.122 Beni suef issues ALSTOM No Land-related Ready for hand over to Closed 99. Marco 158.500 Beni suef issues ALSTOM No Land-related 13-5-2019 Civil works were Closed

100. El Fashn 159.400 Beni suef Fashn

- issues completed

Al No Land-related Ready for hand over to Closed 101. AL-Shuqr 161.000 Beni suef issues ALSTOM No Land-related Ready for hand over to Closed 102. Al-Quddbi 163.460 Beni suef issues ALSTOM No Land-related 15-2-2018 Civil works were Closed 103. El-Fant Beni suef 168.375 issues completed No Land-related 4-4-2018 ALSTOM finished its Closed 104. Malatia 173.198 Minya issues works Mayana No Land-related 4-4-2018 ALSTOM finished its Closed 105. 176.258 Minya Al-Waqf issues works No Land-related Entered in to service Closed 106. Maghaghah Al-Bahary 179.680 Minya issues No Land-related Entered in to service Closed 107. Maghaghah Al-Qibly 180.400 Minya issues

Maghagha No Land-related ALSTOM finished its Closed 108. El-Shaikh Zeyad 181.849 Minya issues works No Land-related 4-4-2018 ALSTOM finished its Closed 109. Ali Pasha Fahmi 184.440 Minya issues works No Land-related 4-4-2018 ALSTOM finished its Closed 110. Aba ElWaqf 187.625 Minya issues works No Land-related --- Ready for hand over to Closed 111. El-gendya 188.800 Minya issues ALSTOM No Land-related 1-12-2017 ALSTOM finished its Closed 112. El-mawada 192.428 Minya issues works Abou jorj No Land-related 1-12-2017 ALSTOM finished its Closed

Mazar 113. - 194.068 Minya issues works

Beni No Land-related 28-7-2019 Civil works were Closed 114. Beni-Mazar 1 196.814 Minya issues completed

Resettlement Framework 102

No Land-related 28-7-2019 Civil works were Closed 115. Al-Agami 197.580 Minya issues completed No Land-related 28-7-2019 Civil works were Closed 116. Beni-Mazar 2 197.847 Minya issues completed No Land-related 15-2-2018 Civil works were Closed 117. Al-Kofour 203.811 Minya issues completed No Land-related Ready for hand over to Closed 118. Al-Magles Matai 206.850 Minya issues ALSTOM

--- No Land-related 4-4-2018 Civil works were Closed 119. Matai El-Qebli 207.464 Minya

Matai issues completed No Land-related 6-12-2017 Civil works were Closed 120. Ali Pasha Helmi 210.050 Minya issues completed No Land-related --- Ready for hand over to Closed 121. El-Sharqein 214,062 Minya issues ALSTOM No Land-related 4-4-2018 Civil works were Closed 122. Klosna 216.488 Minya issues completed No Land-related 8-5-2019 Civil works were Closed 123. El-Rahman 221.180 Minya issues completed No Land-related 8-5-2019 Civil works were Closed 124. Masaret Samalut 221.240 Minya

issues completed Sharaya' (Samalot El- No Land-related 8-5-2019 Civil works were Closed 125. 223.360 Minya balad) issues completed Samalut No Land-related 8-5-2019 Civil works were Closed 126. El-Sha'rawiya 225.400 Minya issues completed No Land-related 8-5-2019 Civil works were Closed 127. El-Beiho 227.704 Minya issues completed No Land-related 15-2-2018 Civil works were Closed 128. Etsa 231.730 Minya issues completed 2 Guard rooms An alternative room owned to ENR and was provided until Closed 129. Ezbat Manaa 233.200 Minya needed removal for 26-5-2019 the completion of civil

expansion of Lx works

Minya

- No Land-related 1-1-2017 Civil works were Closed 130. Saft Al-laban 236.600 Minya El issues completed No Land-related 1-1-2017 Civil works were Closed 131. Zohra 237.450 Minya issues completed

Resettlement Framework 103

No Land-related 10-7-2018 Civil works were Closed 132. El-Bergaia 239.521 Minya issues completed No Land-related 1-1-2017 Civil works were Closed 133. Demaris 244.300 Minya issues completed No Land-related 1-1-2017 Civil works were Closed 134. El-Habashi 247.607 Minya issues completed A part of mosque is It will be discussed in ENR discusses closing Koubrie El- needed to be --- High Committee for this LX or providing a 135. 247.975 Minya Still Mansoura removed for level crossings Opened land plot to build a new expansion of Lx mosque El-Ganayen (EL- No Land-related 1-1-2017 Civil works were Closed 136. 248,060 Minya Koubrie El-Gadid) issues completed No Land-related 1-1-2017 Civil works were Closed 137. Maquosa (El-ghazl) 249.983 Minya issues completed Minya No Land-related 10-7-2018 Civil works were Closed 138. Bani Ahmed 253.040 issues completed Minya No Land-related 18-6-2017 ALSTOM finished its Closed 139. El-Hawaslia 256.479 issues works Minya No Land-related ALSTOM finished its Closed 140. Mansafees 258.772 issues 18-6-2017 works Minya No Land-related ALSTOM finished its Closed

141. 263.065 Abioha issues 13-3-2017 works 266.810 Minya No Land-related Entered in to service Closed 142. Abu Qurqas El-Bahri issues 13-3-2017

AbuQorqas Minya No Land-related Entered in to service Closed 143. Abu Qurqas El-Qebli 267.580 issues 23-10-2017 Minya No Land-related 13-3-2017 Entered in to service Closed 144. Safai 271.538 issues Minya No Land-related 13-3-2017 Entered in to service Closed 145. Etlidem 273.699 issues Minya No Land-related 10-9-2018 Entered in to service Closed 146. El-Mahras 279.043 issues Minya No Land-related --- Ready for hand over to Closed

147. Roda

Om Sabaah - 281.000 issues ALSTOM El A part of the The mosque was A new mosque was 148. El-Roda 285.409 Minya designated plot is 27/1/2019 removed, works of Lx Closed built in ENR Property

Resettlement Framework 104

occupied by a is completed and mosque entered in to service Block (1) Minya No Land-related 11-7-2019 Civil works were Closed 149. Mallawi 291.100 issues completed

Minya No Land-related 2-4-2019 Civil works were Closed 150. Block 2 Mallawi 292.450 issues completed Minya No Land-related --- Ready for hand over to Closed 151. Maasara Mallawi 295.580 Mallawi issues ALSTOM Minya No Land-related 27-11-2016 Civil works were Closed 152. Tal Al-Amarna 298.750 issues completed Deir Mawas(1) Al- Minya No Land-related 2-4-2019 Civil works were Closed 153. Bahary 303.120 issues completed Minya No Land-related 2-4-2019 Civil works were Closed 154. Deir Mawas Al-Qebli 303.490 issues completed Minya No Land-related 2-4-2019 Civil works were Closed 155. El-Garf 310.400

issues completed Asyut Presence of shops The shops were GDE representative will Block 2 Dayrout (El- in the designated ---- removed by the Local visit the site and 156. Dayrout 313.420 plot Unit there and examine the status of Mahata) Still alternative new shops the users of shops Opened were provided Asyut No Land-related 2-4-2019 Civil works were Closed 157. Al-Qorashia 313.680 issues completed Asyut No Land-related 2-4-2019 Civil works were Closed 158. Al-Ryah 314.600 issues completed Asyut No Land-related 23-10-2018 Civil works were Closed 159. Sanabu 319.845 issues completed Asyut No Land-related --- Ready for hand over to Closed 160. Fazarah 323.850 issues ALSTOM Asyut No Land-related 10-9-2018 Civil works were Closed 161.

Al-Qusiyyah Qusiyyah 327.240 issues completed -

Al Asyut No Land-related 10-9-2018 Civil works were Closed 162. Bani Zeid 331.700 issues completed Asyut No Land-related 23-10-2018 Civil works were Closed 163. Bani Qara 335.240 issues completed

Resettlement Framework 105

Asyut No Land-related 13-12-2017 Civil works were Closed 164. Bani Shiqeir 341.200 issues completed Asyut No Land-related --- Ready for hand over to Closed 165.

Manfalut Bahary 346.400 issues ALSTOM Asyut No Land-related 16-9-2018 Civil works were Closed 166. Manfalut Qibly 347.403 issues completed Manfalut Asyut No Land-related --- Ready for hand over to Closed 167. El-Mandara 351.400 issues ALSTOM Asyut No Land-related 16-9-2018 Civil works were Closed 168. El-Hawatka 353.220 issues completed Asyut No Land-related --- Ready for hand over to Closed 169. Naga Sabaa 357.200 issues ALSTOM Asyut No Land-related 16-9-2018 Civil works were Closed 170. Bani Hussein 359.630 issues completed Asyut No Land-related --- Ready for hand over to Closed 171. Manqabad 366.050

Manqabad issues ALSTOM El-Phosphate – El- Asyut No Land-related --- Ready for hand over to Closed 172. 369.180 Zennara issues ALSTOM Asyut No Land-related --- Ready for hand over to Closed 173. Read Asyut 375.380 issues ALSTOM

4. UPDATES THE MASTER LIST OF ASYUT- NAGH HAMMADI PROJECT (30/12/2019) • Technical Buildings on Asyut – Nagh Hammadi Project:

No Technical Type Location Hand over Update Status Final Next Steps O.P Governorate Baseline Building (km) Date status 4.12 38. SHUTOB 382.000 An empty land plot 17/5/2018 Construction work has not Closed STB Asyut vacant of any users started yet 39. AL MUTTEA 388.250 An empty land plot 17/5/2018 Construction work has not Closed LMTB Asyut vacant of any users started yet 40. ABOU TIG 398.598 An empty land plot 4/2/2019 Construction work has not Closed MTB Asyut vacant of any users started yet 41. SEDFA 409.800 An empty land plot 17/5/2018 Construction work has not Closed LMTB Asyut vacant of any users started yet 42. TIMA 418.700 An empty land plot 17/5/2018 Construction work has Closed MTB Sohag vacant of any users started

Resettlement Framework 106

43. MISHTA 423.787 An empty land plot 17/5/2018 Construction work has Closed STB Sohag vacant of any users started construction work has been finished and The building is Closed Sohag An empty land plot 21/4/2018 7. MTB 435.200 being completed to enter TAHTA vacant of any users service

ENR documented the farmer's agreement of the No action The land plot was Closed EL MARAGHA deduction of such a small needed, The selected with in the 21/4/2018 area from the total area building is MTB Sohag property of ENR, but 8. 448.300 which he uses and also its being it was used by a value was deducted from completed to farmer the amount of the old land enter service rental GEZIRET The building is being An empty land plot 9. SHANDWIL LMTB Sohag completed to enter service 457.300 vacant of any users 21/4/2018 Closed 10. 465.600 Sohag An empty land plot Construction work has Closed SOHAG CTC 25/3/2018 vacant of any users started

11. BALSFURA 473.833 An empty land plot 20/1/2019 Construction work has Closed LMTB Sohag vacant of any users started 12. AL MONSHAA 482.100 An empty land plot 14/6/2018 Construction work has Closed MTB Sohag vacant of any users started 13. AL OUSAYRAT 492.000 An empty land plot 14/6/2018 Construction work has Closed LMTB Sohag vacant of any users started 14. GIRGA 501.800 An empty land plot 14/6/2018 Construction work has Closed MTB Sohag vacant of any users started 15. BARDIS 510.800 An empty land plot 14/6/2018 Construction work has Closed MTB Sohag vacant of any users started 16. AL BALYANA 518.100 An empty land plot 14/6/2018 Construction work has not Closed MTB Sohag vacant of any users started yet 17. ABOU SHOSHA 526.100 An empty land plot 15/9/2018 Construction work has not Closed LMTB Qena vacant of any users started yet 18. ABOU TISHT 535.000 An empty land plot 15/9/2018 Construction work has not Closed MTB Qena vacant of any users started yet

Resettlement Framework 107

19. FARSHOUT 544.650 An empty land plot 15/9/2018 Construction work has not Closed LMTB Qena vacant of any users started yet 20. BAHGOURA 550.548 An empty land plot 15/9/2018 Construction work has not Closed STB Qena vacant of any users started yet

• Level Crossings (LXs) on Asyut - Nagh Hammadi Project:

Location Baseline Hand over Date Update Status Final Next Steps O.P 4.12 No. LX Governorate (km) status Shutob 381.800 No Land-related issues It was previously Closed 174. Asyut developed by Kernex company Qurqares 384.186 No Land-related issues It was previously Closed 175. Asyut developed by AOI Thales has not received LX Still Follow up if any Al Muttea 388.000 The proposed place for the 27/2/2020 yet opened neighboring land will 176. Asyut shelter and expansion needs be required for follow up expansion or construction work Thales has not received LX Still Follow up if any Nazlet- Baqour The proposed place for the 27/2/2020 yet Opened neighboring land will 177. 391.870 Asyut shelter and expansion needs be required for follow up expansion or construction work Thales has not received LX Still Follow up if any Baqour 392.600 The proposed place for the 27/2/2020 yet opened neighboring land will 178. shelter and expansion needs be required for Asyut follow up expansion or construction work Al Filio 396.200 No Land-related issues Thales has not received LX Closed 179. Asyut yet bou Tig 398.700 No Land-related issues It was previously Closed 180. Asyut developed by Kernex company Al Masoudy 399.550 No Land-related issues Thales has not received LX Closed 181. Asyut yet

Resettlement Framework 108

Al Nekhela 402.420 No Land-related issues Thales has not received LX Closed 182. Asyut yet Sedfa 409.600 No Land-related issues Civil work was previously Closed 183. Asyut completed Awlad Elias 413.900 No Land-related issues Thales has not received LX Closed 184. Asyut yet Al Salamon 416.850 No Land-related issues 22/12/2019 Civil work has been Closed 185. Sohag completed Sahel Tima 418.300 No Land-related issues It was previously Closed 186. Sohag developed by Kernex company Tima Al Zahraa 419.120 No Land-related issues It was previously Closed 187. Sohag developed by Kernex company Mishta Bahry 422.450 No Land-related issues 22/12/2019 Civil work has been Closed 188. Sohag completed Mishta Kibly 424.000 No Land-related issues 8/7/2019 Civil work has been Closed 189. Sohag completed Al Atamnah 426.200 No Land-related issues 8/7/2019 Civil work has been Closed 190. Sohag completed Al Nagh 427.000 No Land-related issues 8/7/2019 Civil work has been Closed 191. Sohag AlMostagad completed Shatora 427.950 No Land-related issues 8/7/2019 Civil work has been Closed 192. Sohag completed Banga 430.350 No Land-related issues 8/7/2019 Civil work has been Closed 193. Sohag completed 194. Al tegara Bahry 434.250 Sohag Cancelled ------Tahta 435.000 No Land-related issues It was previously Closed 195. Al Mahata Sohag developed by Kernex company Helmy 436.480 No Land-related issues It was previously Closed 196. Abd EL Akher Sohag developed by Kernex company A complaint from The site was examined by neighboring residents that the consultant of Cairo 197. 439.000 Sohag 30/10/2019 Closed EL Sawama Bahry the proposed site for the University and the (EL Senoosy) environmental specialist. It

Resettlement Framework 109

shelter will hinder their was modified to leave a passage and facilities access. road of three meters for residents El Sawama Mahata 439.780 No Land-related issues Thales has not received LX Closed 198. Sohag yet El Sayeh 444.200 No Land-related issues It was previously Closed 199. Sohag developed by Kernex company El Maragha 447.700 No Land-related issues 14/7/2019 Civil work was previously Closed 200. Sohag completed Al Shandawily 452.302 No Land-related issues It was previously Closed 201. Sohag developed by Kernex company Seikh Yousef 454.930 No Land-related issues 10/6/2019 Civil work has been Closed 202. Sohag completed Geziret Shandawil 457.600 No Land-related issues 14/7/2019 Civil work was previously Closed 203. Sohag (El Gezera) completed Hammadya 461.600 No Land-related issues 18/7/2019 Civil work has been Closed 204. Sohag completed 205. Awlad Nossir 464.120 Sohag Cancelled ------Sohag Block (3) 466.300 No Land-related issues It was previously Closed 206. Sohag developed by Kernex company 207. Sohag Block (5) 467.180 Sohag Cancelled ------Al Aref 467.420 No Land-related issues It was previously Closed 208. Sohag developed by Kernex company Al Modreya 467.540 No Land-related issues It was previously Closed 209. Sohag developed by Kernex company Al Salakhana 467.880 Cancelled ------210. Sohag (EL Sohagya) Al Halaga 180.468 No Land-related issues It was previously Closed 211. Sohag developed by AOI Al Rwafea 469.300 No Land-related issues It was previously Closed 212. Sohag developed by AOI

Resettlement Framework 110

Balsfura Bahry 472.840 A mosque will hinder the The people donated a Sohag expansion of the level piece of land and an Still Follow up 213. crossing alternative mosque will be Opened built there Balsfura Kibly 474.000 No Land-related issues Civil work has been Closed 214. Sohag completed Aysawya Al 477.360 No Land-related issues Civil work has been Closed 215. Sohag Mahata completed Al Monsha Al 481.780 No Land-related issues Civil work has been Closed 216. Sohag Bahri completed Al Monsha 482.660 No Land-related issues It was previously Closed 217. Al Mahta Sohag developed by Kernex company Khareft Al The access to the level The site was examined by Monsha 484.800 crossing is narrow and the consultant of Cairo Still Sohag insufficient for expansion University and the Opened Follow up 218. and building the shelter environmental specialist to discuss modifying the design Al Ahaywa 487.400 No Land-related issues 29/8/2019 Civil work has been Closed 219. Sohag Al Mahata completed AL Ousayrat 491.840 No Land-related issues It was previously Closed 220. AL Balad Sohag developed by Kernex company The proposed place for the No action was taken, Follow up if any Awlad Gabara 493.200 shelter and expansion needs Thales has not received LX Still neighboring land will 221. Sohag follow up yet Opened be required for expansion or construction work Awlad Baheg 494.400 A part of a mosque may 29/8/2019 It isn't a mosque, but it is a Still Env. Specialist will 222. Sohag hinder level crossing small place used by LX Opened examine the site expansion. workers for praying Al Bandar AlMahata 495.620 Sohag No Land-related issues 18/10/2019 Civil work has been Closed 223. completed Kobry Girga 499.600 Sohag No Land-related issues It was previously Closed 224. developed by AOI 225. Girga Bahry 501.180 Sohag Cancelled ------

Resettlement Framework 111

Girga Mahata 502.120 Sohag Crowded area, shops needed It will be discussed in the Still Follow up to be removed, and also high committee for level Opened 226. there is a proposal to cancel crossings this Lx Girga Kibly 502.360 Sohag No Land-related issues 29/8/2019 Civil work has been Closed 227. completed Mazata 506.200 Sohag No Land-related issues 15/12/2019 Civil work has been Closed 228. completed Bardis 510.600 Sohag No Land-related issues It was previously Closed 229. developed by Kernex company Al Balyna 517.870 Sohag No Land-related issues It was previously Closed 230. developed by Kernex company Al Samata 519.800 Sohag No Land-related issues 3/2/2020 Thales has not received LX Closed 231. yet Still Follow up if any Abou Shoucha 525.900 Qena The proposed place for the Thales has not received LX Opened neighboring land will 232. shelter and expansion needs 27/4/2020 yet be required for follow up expansion or construction work Kobry 528.420 Qena No Land-related issues It was previously Closed 233. Abou Soucha developed by AOI An overhead bridge is Koum Yakoop 534.360 Qena Cancelled ------implemented by the Closed General Authority for 234. Roads and Bridges in coordination with the Local Unit and the Traffic Department. Abou Tisht 534.850 Qena No Land-related issues 29/3/2020 Thales has not received LX Closed 235. yet Follow up if any AbouTisht 3 537.430 Qena The proposed place for the 29/3/2020 Thales has not received LX Still neighboring land will 236. (Nagh El Qazaz) shelter and expansion needs yet Opened be required for follow up expansion or construction work

Resettlement Framework 112

Follow up if any Al Khalabis 540.900 The proposed place for the 15/3/2020 Thales has not received LX Still neighboring land will 237. Qena shelter and expansion needs yet Opened be required for follow up expansion or construction work Al Kom Al Ahmar 542.200 Qena No Land-related issues 15/3/2020 Thales has not received LX Closed 238. yet Still Follow up if any Farshot Bahry 544.840 Qena The proposed place for the 15/3/2020 Thales has not received LX Opened neighboring land will 239. shelter and expansion needs yet be required for follow up expansion or construction work Farshot Kibly 545.580 Qena No Land-related issues 15/3/2020 The level crossing will be Closed 240. canceled and a bridge will be built instead Follow up if any Bahgoura Bahry 548.120 Qena The proposed place for the 15/3/2020 Thales has not received LX Still neighboring land will 241. shelter and expansion needs yet Opened be required for follow up expansion or construction work Bahgoura Kibly 548.780 Qena No Land-related issues 15/3/2020 Thales has not received LX Closed 242. yet

Resettlement Framework 113

Annex 3: Government of Egypt’s Relevant Legislation

It is the Government of Egypt’s policy to pay compensation or offer assistance to people whose properties are affected by projects undertaken by the Government. This section pertains to the

means, causes, and the competent authorities entrusted with the implementation of the provisions and rules of the administrative law, civil law, in addition to the law related to the expropriation of private property for public interest. In addition, this section also covers the restrictions, the conditions of the legality of procedures applied by the administration at its disposal, and the consequences of property expropriation, in addition to the legal procedures for the possession of private property.

• Administrative Authority’s Decision Making Responsibilities

The main objective of the state, represented by its executive authority through the issuance of administrative decisions for the public benefit, is to achieve public interest. The state (administrative authority) uses various means to exercise this diversified activity that is readily perceived in the administrative affairs and reflected in the legal affairs.

In accordance with Article 35 of the 2014 Constitution "Private property is protected, and the right to inherit property is guaranteed. Private property may not be sequestrated except in cases specified by law, and by a court order. Ownership of property may not be confiscated except for the public good and with just compensation that is paid in advance as per the law." As well as, article 63 of the Constitution: "All forms of arbitrary forced migration of citizens are forbidden. Violations of such are a crime without a statute of limitations." According to this article, it is understood that amicable procedures for the private property expropriation is guaranteed by law. The competent jurisdiction shall be entitled to take cognizance of the lawsuits raised by individuals against the administration for appropriate compensations.

Other relevant laws governing expropriation and consequent compensation procedures include: ▪ Law 577/1954, which was later amended by Law 252/1960 and Law 13/1962, lays down the provisions pertaining to the expropriation of real estate property for public benefit and improvement, ▪ Law No. 27 of 1956, which stipulates the provisions for expropriation of districts for re- planning, upgrading, and improvement, and the amended and comprehensive Law No.10 of 1990 on the expropriation of real estate for public interest. The general provisions guiding expropriation of private property (according to Law 577/1954, Law No. 27 of 1956, Law No. 252 of the year 1960, and Law 577/1954) include the following: a) Property expropriation shall be only on tangible real estate property, there shall be no expropriation of movable possessions. b) Applicable only to property privately owned by individuals, thus, public property is excluded from the procedures. c) The expropriation shall include land and constructions (structures). d) The purpose of expropriation shall only be for realizing public interest. e) The administrative authority has the right to assess the circumstances related to expropriation as well as the authority for implementation of property expropriation, which is justifiable by the objective of achieving public benefit. The administrative authority may not be challenged or judged on the grounds that it could have chosen more appropriate real estate property to achieve public benefit than the one that it has already chosen.

Resettlement Framework 114

f) The administration shall estimate the area it sees necessary for the establishment of a project. This right shall not be only restricted to the real estate property required for the project; but the legislator empowered the administration to also include expropriated property. According to Article 23 of Law 577/1954: “If the purpose of the property expropriation is the establishment of a squares, streets, or their expansion, modification, demarcation, or the establishment of a new district, or for its improvement/ upgrading or beautification, or for any health related matter; property expropriation may include, in addition to the real-estate property needed for the project, any other real-estate property which the administration in charge seems to be necessary to achieve the project’s objective or any other property whose current state (whether in size or form) is not consistent with the required improvement.

Moreover, the first article of Law No. 27 of 1956 allows for the expropriation of districts for their improvement, upgrading, re-planning, and reconstruction. Article 24 of Law 577/1954 also stipulates that in case only partial expropriation of real estate property is required, and the remaining un- expropriated part will not be of benefit to the owner; the owner shall be given the right to submit a request within 30 calendar days (beginning from the date of final disclosure of the list of the expropriated property) for the purchase of the entire area.

It should be noted that the new law has not restricted the right to request the purchase of the remaining un-expropriated portion of real estate to buildings only, but it was also extended to include land as well.

Law No. 252 of the year 1960, amended by Law 577/1954 was promulgated to equilibrate the rights and guarantees for individuals with the rights of the state in expropriating private property. Moreover, this law has stipulated that the assessment of public benefit / interest, which justifies property expropriation, shall be emanated in all cases by a Presidential Decree, while previously it was made by the competent minister.

• Legal and Administrative Procedures for Transfer of Ownership and Compensation

The procedures taken to this regard are administrative, with no judicial interference except in the assessment of the compensation amount.

Article 1 of Law 252/1960 (amended by Law 577/1954) states that the determination of public benefit for the expropriation of private real estate property is subject to Presidential Decree. On the other hand, according to Article 2 of Law 27/1956, the determination of public interest for the expropriation of districts for re-planning and upgrading is subject to a Decree from the Cabinet of Ministers.

Enclosed with the decree is: ▪ A memorandum demonstrates that the required project shall be considered of public benefit/interest (to be published with the Decree in an official newspaper and in relevant local administrative units). ▪ A map delineating the project scope. ▪ Two weeks following the publication and promulgation, the official commissioned to the expropriation property procedures is permitted to enter into the real estate to perform the technical and surveying operations and all the necessary demarcations of the expropriated real estate.

• The steps for ownership transfer are highlighted below: 1. Preparation of a census of all property: The census shall be performed by commissions which consist of a delegate of the entity commissioned to perform the expropriation (i.e. the Governorate, Ministry of Agriculture, etc.) and one of the local officials from the Governorate.

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A registered notice shall be sent to notify the concerned person. All owners and those with rights or entitlements to the expropriated property shall meet up with the commission in the project area during the census process in order to guide the commission members with regards to their property rights. The commission shall report the minutes of the procedures, which shall include all property and their owner names and addresses. The members of the commission and the owners shall sign the census report. If anyone refuses to sign, this will be noted in the minutes of the session by justifying the reason for refusal. Entering the expropriated properties from then on shall be subject to the notification of the concerned person. 2. Preparation of statements and evacuation warnings: The expropriating entity shall prepare statements with the number and types of property that shall be expropriated, their size, location, owner’s names and addresses, and compensation values (as per the census report). These statements shall be published in an official newspaper. The owners and tenants shall be warned that they must evacuate the property within a period of maximum 5 months. The owners shall be given a period of 30 calendar days (from the date of submission of the statements) to present their complaints or grievances regarding the data in the statement. If the complaints were not submitted during this 30-day calendar period, the data included in the statements shall be considered conclusive and shall not be subject to any litigation or claim, and in this case the compensation amounts indicated in the statements shall be sent to the identified owners. 3. Transfer of ownership: For those owners with no complains or contestations, the transfer of ownership is simply made by having them sign specific forms for ownership transfer. For property which the owners have not signed the proper forms, the competent minister shall emanate a decision to expropriate the property. The forms and the Ministerial decrees shall then be deposited in the relevant Notary Office. This deposit regarding the real estates shall generate the effects caused by the declaration of the sale contract. According to it, the property shall be transferred to the administrative authority that expropriates the property, and the rights incumbent on the real estates shall be transferred to the compensation amounts. 4. Compensation assessment: Property expropriation shall only be made against a fair compensation in accordance to constitutional provisions. The legislator has put forth some principles which should be taken into consideration with regards to compensation assessment: a) The compensation assessment for property expropriation shall not include structures, plants / crops, improvements / additions, or tenant agreements if it has been proved that the aforementioned acts were performed in order to acquire higher compensation. The legislator has provisioned that every act taken to this regard, after the publication of the decision for expropriation for public benefit in the official newspaper, shall be considered as an act performed for increasing the compensation value. Accordingly, these acts should be ruled out in the assessment of the compensation amount (Article 25: Law No. 577 of 1954, and Article 7: Law No. 27 of 1956). b) If the compensation amount for the un-expropriated part, in projects other than urban planning, increases or decreases (due to activities causing general public benefit), the increase or decrease in amount should be taken into consideration so that the amount to be added or reduced shall not exceed 50% of the compensation value of the expropriated property (Article 19: Law No. 577 of 1954). c) If the value of the property subject to expropriation for the upgrading or re-planning of districts

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/cities is increased as a result of the implementation of a public benefit project, the increase in value shall not be calculated in the compensation assessment if the property expropriation is performed within 5 years from the date of implementation in the previous project (Article 20: Law No. 477 of 1954). d) For real estate subject to improvement due to public benefit works (district/city re- planning and upgrading projects), the owners shall be obliged to pay for the improvements, provided that the payment does not exceed 50% of the actual expenses for establishing or expanding the street or square which resulted in the improvement. This provision shall also be applicable if only part of the property within the district/city re-planning/upgrading projects is expropriated, and the authority in charge has deemed that e) Keeping part of the real estate by the owner does not conflict with the purpose of the intended project. The assessment of the aforementioned charges made by the authority in charge of organizing affairs shall not be subject to any appeal (Law No. 577 of 1954). • Disputes

The procedures for expropriation are administrative by nature and usually rapidly implemented. Accordingly, the abrogation proceedings, compensation disputes, and all actions related to the expropriation property will not stop the expropriation procedures nor prevent its consequences; rather, the owner’s right for compensation is addressed (Article 26: Law No. 577 of 1954). However, the rapidity of these procedures should not prevent the owners and concerned persons from claiming and ensuring their rights.

• Temporary Expropriation of Real Estate

The right of the public authority to expropriate needed real estate property also includes the right to temporarily occupy / take over this privately owned property. Law No. 577 of 1954, Law No. 27 of 1956, and Law No. 10 of 1990 and its amendments in 2015 pertaining to property expropriation, include provisions regarding temporarily occupying property:

Summarized below are the legal provisions for two particular cases: Occupation of Real Estate Property Prior to Expropriation: If the administration resorts to interim or temporary occupation of privately owned real estate, the time frame should be identified. However, if the temporary occupation is conclusive, the administration shall resort to the regular expropriation procedures (mentioned above). In order to save time, the new legislation has allowed the administration to occupy prior to the completion of the expropriation procedures (Article 16: Law No. 577 of 1954). According to the amendment of Law No. 252 of 1960, “except in emergencies and hasty cases that require the occupation of real estates to perform necessary reparation works, upgrading, and other work, temporary occupation of real estate for public benefit is subject to a Presidential Decree (to be published in an official newspaper). The legislator has included some provisions guiding this case: a) The administration cannot resort to this before the issuance of the decision that the expropriation of this specific property is considered to be of public benefit. b) The real estate owner has the right to compensation for not being able to get access or use his / her property, starting from the date of actual occupation until the payment of the due compensation as a result of the property expropriation. c) The owner of the real estate has the right to dispute / contest the value of the assessed compensation, for preventing him/ her from using or gaining access to his / her property, through the same process for grievance redress on the assessed compensation for property expropriation.

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In this case, it will not be allowed to remove any structures or buildings (which have been occupied) until the re-estimation of value has been conclusively made. d) In the case of expropriation of districts, the property and buildings will not be expropriated until alternative dwellings have been provided for those who lost their homes. e) Temporary Occupation: If the administration needs to manage a real estates for an interim / temporary period that does not justify the expropriation of the property, and accordingly the administration takes over only the management while the ownership remains with its official owner. Summarized below are the legal provisions for two particular cases: a) Necessity (Hastiness / Rapidity): As stated in Article 17 “…in case of sinking, or severing of a bridge, or the outbreak of an epidemic, and in all emergency cases, it is permissible to temporarily take over / occupy the needed real estates to perform reparation works, prevention, or other kinds of work”. b) Public Benefit Project: Law No. 577 of 1954 states that the occupation decision in both cases aforementioned shall be issued by the “Director” or the Governor (Article 17), while Article 2 of the previous law concerning the occupation decisions identified the Governor as the person in charge issuing temporary occupation decisions in case of emergency / hastiness. In any other case, the aforementioned law designates a Presidential Decree for the implementation of temporary occupation. c) Procedures: Real estate temporary occupation only requires that a representative from the competent entity to identify the type o real estate, size, and condition upon occupation. If this is done, the competent entity is then able to occupy the real estates without having to take other measures.” To simplify the procedures to the previous figure, that could be justified in the occupation case for emergency or rapidity. d) Compensation: Within a week of the occupation date, the competent authority shall determine the compensation value for the concerned persons / owners in return for losing access and use to their property temporarily. The owners shall have the right to dispute the assessed compensation as previously noted. e) Occupation Period: The maximum period for temporary occupation is 3 years, beginning from the actual occupation date. If the administration deemed it necessary to extend the occupation period for over 3 years, this may be done through agreement with the owner. However, if no agreement is reached the property shall be expropriated and the administration shall be responsible for returning the property to the owner in its original status, at the time of occupation, along with compensation for any of spoilage or decrease in its value.

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Annex 4: RP Preparation, Review and Approval

• About Resettlement Plan

RP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensation and assistance, and address the means by which the project monitoring and evaluation will take place to ensure that the PAPs receive their compensation and that their grievances are heard and addressed. The mitigation measures and compensation standards proposed in the RP shall be disclosed to the PAPs for feedback and comments. Once the project activities have been identified, they should be screened by ENR to determine whether or not they will require the involuntary resettlement of people within the determined project area, and they will be responsible of the application of the ESSs including ESS5. For the purpose of this RF, the following section will present the main steps for the preparation of the RP.

The project RP should consider the following design criteria:

Design Criteria for RP Design Criteria for RP • A description of the project activities and a discussion of how the displaced will maintain or upgrade their living standards • Identification of potential impacts • Objectives of RP • A census survey of displaced persons and valuation of assets • Relevant findings of the socio-economic study • Legal framework • Institutional framework • Eligibility criteria and eligible PAPs • Valuation and compensation for losses • Services offered after relocation (e.g. employment, electricity, etc.) based on an assessment of their needs • Resettlement measures • Site selection, site preparation, relocation, provision of services (facilitation of relocation) • Housing, infrastructure, and social services • Environmental protection and management • Community participation • Integration with host populations • Grievance procedures • Organizational responsibilities and timetable (what institution is responsible for implementation of the relocation) • Implementation schedule • Costs and budget • Monitoring implementation and outcomes • Evaluation

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The key minimum elements that an RP should cover are listed in the figure below depending on the complexity of resettlement.

Minimum Elements to be included in RP Minimum Elements to be included in ARP • Project activities requiring acquisition of land or other assets with required details such as sketch maps • A census survey of displaced persons and valuation of assets • Officially certified enumeration of the persons affected and the types of impact • Entitlements, description of compensation and other resettlement assistance to be provided and the bases of compensation rates • Consultations with displaced people about acceptable alternatives • Institutional responsibility for implementation and procedures for grievance mechanism • Time table for implementation of the action • Arrangements for monitoring and implementation • A timetable and budget

• RP and the Project Cycle - RP during Project Identification o Project Screening

During the screening phase, cadastral information might involve gathering information about land ownership, structures and uses of the land that would be directly affected by the works, either temporarily or permanently. This information shall be verified by a qualified consultant who shall provide written and visual records and enumerate all economic, residential or other ownerships and uses of the land that would be affected, along with an estimation of the number of people affected by this type of impact. This same phase should also include conducting introductory meetings with communities, including PAPs and vulnerable groups, in order to inform them about the project and to disseminate the prepared RF and inform people about their rights and entitlements.

o Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntary resettlement, the next step would be preparing a socio-economic study, in which baseline data within the project’s target areas is collected. The study should be carried out by a social and resettlement consultant assisted by the local community leaders. It should examine the nature of the impacts; the socio-economic and cultural setting, local organizations, social risks, total land holdings and affected assets as well as the indicators that would ensure that the project affected people, at minimum, regain their former quality of life or, preferably, are enabled to improve it. The information should be collected from PAPs and related household members or dependents. This information will be documented in writing, used in the preparation of the RP and in determining the appropriate compensation and assistance for each affected individual/ household. The figure below demonstrates the objectives of the socio-economic survey. - A cut-off date should be determined as the time when the census starts. Persons who encroach onto the area after the cut-off date are not entitled to compensation or any

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other form of resettlement assistance. Affected individuals, households, and communities, who have been identified earlier under the socio-economic survey, will be consulted about their compensation preferences.

The Socio-economic Survey Objectives The Socio-economic Survey Objectives • Introduce the project to the PAPs • Collect census data to identify PAPs on individual and household levels • Description of the affected households including information about livelihoods, production and labor systems, standards of living, an analysis of their legal rights and informal entitlements, and any issues of potential conflict • Collect census data to identify vulnerable and severely affected PAPs • Collect census data on the overall socio-economic environment of the affected communities • Statement of the magnitude of the expected loss (total or partial) of assets and the extent of physical or economic displacement • Identify stakeholders • Identify impacts of the project activities on the livelihoods of the PAP (i.e. property, structures, income…etc.) • Identify any concerns or worries the PAPs may have • Identify the resettlement preferences of the PAPs

For projects that will require the preparation of the RP, their preparation should be considered prior to the appraisal phase. The preparation of the RP should consider the key design criteria previously presented in Box 2 and 3. - RP during Project Appraisal The prepared RAP needs to be reviewed by the relevant agency on the local and central levels/authorities and then submitted for final approval by the Bank. The RP shall include the proposed mitigation measures which will help in making a decision regarding the implementation of the project or not. The prepared RP shall take into consideration the communities concerns and worries raised in the process of conducting the socio-economic survey.

- RP during Project Implementation • Prior to the project implementation, PAPs that have been determined to be identified as eligible for compensation should be compensated in accordance with the Egyptian laws and WB ESF - ESS5 as detailed in this RF. • The PAPs will be formally informed through written or verbal notification (in case some of the PAPs are illiterate) delivered in the presence of at least one public official. • The PAP will be required to sign a contract detailing the acquired land plots and/ or partially or completely affected structures and the corresponding types of compensation (i.e. cash or in-kind). In the case of illiterate PAPs, fingerprint stamps substitute for written signatures and additional witnesses should be present. The contracts may also include contracts on possible transitional or developmental assistance and income restoration measures that will be given to the PAPs.

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• A grievance mechanism should be devised in order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction with any part of the compensation process and to seek redress. ENR should also perform a role in facilitating the response to these grievances. Particular attention will be paid to vulnerable groups. It is also important for the committees to ensure proper documentation for all grievances and reach their resolution within the timeframe allotted to responding to grievances (i.e. 15 calendar days). • If the grievances or other disputes cannot be resolved through administrative action, the PAPs can initiate legal proceedings in accordance with the provincial and the national law and have may recourse to the Appellate Courts and the Supreme Court but this should be maintained as a last option. - RP during Monitoring and Evaluation (M&E)

Monitoring and Evaluation (M&E) are key components of the RP and have the following objectives: • Monitoring of specific situations or difficulties arising from implementation and how it complies with the objectives and methods set out in the RP; • Verifying that project activities have been effectively completed with respect to quantity, quality and time; • Evaluation of medium and long-term impacts of resettlement on the livelihood, environment, local capacities and economic development of the affected households In carrying out all activities related to monitoring, evaluation and supervision, consideration will be given to the vulnerability issues. The different vulnerable groups referred to above should be consulted during the monitoring process to ensure that their concerns are handled fairly. Regular monitoring of the RP implementation will be conducted internally, by ENR/ PMU. The need for M&E by an independent party will depend upon the complexity of the resettlement process. Thus, where resettlement risks are deemed significant, a third-party monitoring may supplement ENR in RP implementation and monitoring.

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Guidelines for the Monitoring Indicators

Guidelines for Monitoring Indicators The main indicators that will be monitored regularly are as follows: - Check that the screening activities have been carried out to determine the need for the preparation of a RP - Payment of compensation to PAPs in various categories, according to the compensation standard described in the RP; with special focus on the vulnerable groups and avoiding discrimination based on gender, tribal backgrounds or any other factors - Delivery of income restoration and social support entitlements - Dissemination of public information and consultation procedures - Committing to grievance procedures and outstanding issues requiring management’s attention and equity of access - Attention given to the priorities of PAPs regarding the proposed alternatives - Co-ordination and completion of resettlement activities and award contracts of civil works

• The RP should include a time schedule; it includes WB review and clearance, and approval by the bank. Implementation of an RP will be considered completed when the adverse impacts of resettlement have been addressed in a manner that is consistent with the relevant plan and requirements outlined in this Standard. • The RP should include a detailed budget for all costs of the compensation.

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Annex 5: Grievance Form and log

Grievance Log

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