RESETTLEMENT POLICY FRAMEWORK (RPF)
Public Disclosure Authorized
FOR THE
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Public Disclosure Authorized
DRAFT REPORT 17 October 2011
Public Disclosure Authorized
AGRER S.A. Etudes et Conseils
Public Disclosure Authorized Brussels
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
TABLE OF CONTENT
List of Tables ii Acronyms/ Abbreviations ii EXECUTIVE SUMMARY iii 1. INTRODUCTION: PROJECT DESCRIPTION AND METHODOLOGY 1 2. PRINCIPLES AND OBJECTIVES OF WORLD BANK OP 4.12 4 3. LEGAL AND INSTITUTIONAL POLICIES AND GUIDELINES 8 4. ESTIMATED POPULATION AND CATEGORIES OF AFFECTED 15 PERSONS 5. ELIGIBILITY CRITERIA FOR AFFECTED PERSONS 22 6. METHODS FOR VALUING AFFECTED ASSETS 23 7. ORGANIZATIONAL PROCEDURES FOR DELIVERY OF 27 ENTITLEMENTS 8. IMPLEMENTATION ARRANGEMENTS 31 9. GRIEVANCE REDRESS ARRANGEMENTS 33 10. FUNDING ARRANGEMENTS 38 11. CONSULTATION AND PARTICIPATION MECHANISMS 46 12. MONITORING ARRANGEMENTS 49 13. DISCLOSURE REQUIREMENTS 51 References 52
ANNEXES A. ADMINISTRATIVE ANNEXES A-1 TOR A-2 ITINERARY AND CONSULTATIONS AT NATIONAL LEVEL A-3 LIST OF PEOPLE MET DURING FIELD CONSULTATIONS
B. TECHNICAL ANNEXES T-1 ENTITLEMENT MATRIX MOA FOR TREE CROP LOSS/ DAMAGE T-2 DEVELOPMENT OF RESETTLEMENT (ACTION) PLANS OR ABBREVIATED RESETTLEMENT PLANS T-3 IMPLEMENTATION PROCESS INCLUDING CIVIL WORKS T-4 SMALLLHOLDER LAND USE REPORT
AGRER S.A RESETTLEMENT POLICY FRAMEWORK i
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
LIST OF TABLES
Table 1 Comparison between World Bank and Liberian Laws and Mitigation Measures Table 2 Total targeted acreage and direct beneficiaries Table 3 Acreage and direct beneficiaries targeted by Project year – Cacao/ coffee Table 4 Acreage and Direct beneficiaries targeted by Project year - rubber Table 5 Acreage and direct beneficiaries targeted by Project year – oil palm Table 6 Eligibility criteria Table 7 General guidelines and methods for costs preparation Table 8 Eligibility criteria Table 9 Entitlement Matrix Table 10 Proposed schedule for Grievance Redress Table 11 Itemisation of budget
ACRONYMS AND ABBREVIATONS
CDA Cooperative Development Agency EPA Environmental Protection Agency EPO Equatorial Palm Oil ESMF Environmental and Social Management Framework ESMP Environmental and Social Management (Mitigation) Plan EU European Union FO Farmer Organization GOL Government of Liberia Ha hectare LISGIS Liberia Institute of Statistics and Geo-Information Services MARCO Morris American Rubber Company MLME Ministry of Lands, Mines and Energy M&E Monitoring and Evaluation, MOA Ministry of Agriculture MOF Ministry of Finance NGO Non-Governmental Organization PAP Project Affected People PIU Project Implementation Unit PMU Program Management Unit RAP Resettlement Action Plan RPF Resettlement Policy Framework SIA Social Impact Assessment SRC Salala Rubber Company STCRSP Smallholder Tree Crop Revitalization Support Project TOR Terms of Reference WB World Bank
AGRER S.A RESETTLEMENT POLICY FRAMEWORK ii
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
EXECUTIVE SUMMARY
The proposed project will be the first, preparatory stage of a long term pro-poor growth program focused on developing the tree crop sector in Liberia. The target group will be poor smallholders in the main country’s tree crop producing counties, with particular attention given to the participation of women and youth.
This RPF was developed as part of the accompanying reports on Environmental and Social management Framework (ESMF) and on the Social Impact Assessment (SIA) conducted in Liberia in July-September 2011.
The RPF is a requirement for projects that may entail involuntary resettlement as mentioned above. Such involuntary resettlement may imply issues of compensation, land acquisition, impact on people’s livelihoods, restriction of access and restriction of access to assets including economic and natural resources. Besides this requirement, the RPF presents an opportunity for project stakeholders on how to address compensations issues relating to affected properties, livelihoods, land matters and incomes generated through project implementation and has the potential to make PAPs better off than what their previous conditions were prior to the commencement of the project if mitigation measures are well developed, effectively implemented and consistently evaluated and monitored.
The policy objectives of OP 4.12 on Involuntary Resettlement relevant for this Resettlement Policy Framework (RPF) comprise the following broad principles:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons 3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
The RPF addresses the issues of estimated population and categories of project affected people (PAP), the consultation and participation mechanisms, their eligibility criteria and methods for valuing their assets, the organizational procedures for the delivery of entitlements, implementation, funding, grievance redress mechanism and M&E arrangements. The RPF is prepared to take care of any potential social impacts related to land, restriction of access and livelihood impacts.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK iii
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
1. INTRODUCTION: PROJECT DESCRIPTION AND METHODOLOGY
Introduction The Government of Liberia is exploring the feasibility of a World Bank supported agricultural development project – the Smallholder Tree Crop Revitalization Support Project (STCRSP), with the principal objective of improving the income opportunities of poor farmers by a combination of rehabilitating unproductive farms, undertaking replanting and new planting programs, facilitating future replanting and development programs, and improved financing mechanisms and institutional arrangements. The proposed STCRSP has been identified in response to this request.
The proposed project activities include rehabilitation of existing farms owned by small holders in cooperatives through various support mechanisms, rehabilitation or development of nurseries, rehabilitation of feeder roads and reconstruction of small bridges and office refurbishment. These activities have potential social safeguards implications and could lead to impacts that would need to be mitigated.
As a result, the proposed project has triggered the World Bank policy on involuntary resettlement, OP 4.12 which aims at reducing adverse social impacts associated with project development and implementation and outlining mitigations measures where avoidance of impacts would not be possible. The GOL has responded to this policy by preparing a Resettlement Policy Framework (RPF) to serve as guidance for the project since the actual sites for project intervention are not known at the early project preparation stage. The GOL through the Ministry of Agriculture (MoA) is applying part of the fund secured to prepare this RPF.
Project Description The following is a short description of the Project’s main features, for more details refer to Annex A-1.
The main characteristics of the Liberian tree crop sector at present are the old age of plantations, as there have been no significant replanting activities for the last twenty five years, and their low productivity. The proposed project will be the first, preparatory stage of a long term pro-poor growth program focused on developing the tree crop sector. The target group will be poor smallholders in the main country’s tree crop producing counties, with particular attention given to the participation of women and youth.
Objectives
The proposed project’s development objective is “to increase incomes and productive assets of poor smallholder tree crop farmers by facilitating their access to finance, markets and inputs, and strengthening their organizations, and prepare a national development program for the various tree crops through testing various technical options and institutional and financial mechanisms.”
To achieve such an objective, the project is structured around three components: (i) Smallholder Tree Crops (cocoa/coffee, oil palm & rubber) Revitalization; (ii) Institutional
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 1
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Building and Preparation of Future Large Scale Tree Crop Development Program; and (iii) Project Coordination and Management. Components
Component 1: Smallholder Tree Crop Revitalization Component one has three sub-components focusing on cocoa, coffee, oil palm and rubber revitalization. The activities to be implemented under the component include rehabilitation of existing small farms, new planting, and promotion of improved marketing and value chain system. Other activities include the strengthening of farmer-based organizations at all levels through provision of technical and managerial advice, capacity strengthening of commercial banks to provide financial services appropriate to the needs of small holder farmers and development of nurseries at the village level and seed gardens. To enhance the FOs’ bulking and marketing functions, the project would enhance FOs abilities to access finance from internal and external sources. The component will also support the establishment and strengthening of farmer organizations (oil palm blocks associations, cooperatives); (iv) provision of training and technical advice to small farmers; (v) limited infrastructure rehabilitation (access roads and related small bridges and drainage structures) wherever it is critical to provide access to groups of farms; and (vi) the establishment of small scale processing facilities for the farmers’ run plantation -where no modern mills are present.
Component 2: Institutional Building and Preparation of Future Large Scale Tree Crop Development Program The component would aim at: (i) strengthening the main public and private institutions involved in project planning, coordination and implementation, particularly: the MoA; the Cooperative Development Authority (CDA); institutions in charge of securing access to land (Ministry of Lands, Mine and Energy -MLME; Land commission -LC) and of agriculture research; (ii) preparing a follow-up large scale smallholder tree crop development program; and (iii) contributing to the strengthening and effective performance of the MoA’s Programs Management Unit (PMU) that serves all projects implemented by the MoA, and of which the project coordination team would be part. The component has three main sub components: (a) Institution Building (b) Preparing Future Large Scale Smallholder Tree Crop Development Programs and (c) Project Preparation Facility .
Component 3: Project Coordination and Management The objectives of this component are to: (i) ensure an effective strategic and operational planning and monitoring and implementation of the STCRSP project; (ii) ensure an efficient coordination amongst the two “technical” components of the project on one hand and the various sources of funding and implementation partners within and outside MoA on the other hand; and (iii) adequately monitor the STCRSP implementation progress and evaluate of its final results and impacts on smallholders. This component has two main sub-components: (a) Strategic planning, coordination and implementation support; and (b) Monitoring and Evaluation (M&E), Information and Knowledge sharing.
Methodology The methods applied for developing this RPF were both qualitative and quantitative. Particular focus was on literature review, interviews using questionnaires, focus group
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 2
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) discussions, stakeholders’ workshops and key informant interviews (see Annex A-2 and Annex A-3 for a list of stakeholder consulted).
These varied tools for data collection provided a wide scope to reach the different categories of people for the purpose of developing this RPF. In addition, the ESMF and SIA conducted in conjunction with the RPF and the Report on Securing smallholder Land Rights commissioned by the borrower and the Bank (Annex T-4) provided the larger framework of the methodology used.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 3
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
2. PRINCIPLES AND OBJECTIVES OF WORLD BANK OP 4.12 1
The RPF is a requirement for projects that may entail involuntary resettlement as mentioned above. Such involuntary resettlement may imply issues of compensation, land acquisition, impact on people’s livelihoods, restriction of access and restriction of access to assets including economic and natural resources. Besides this requirement, the RPF presents an opportunity for project stakeholders on how to address compensations issues relating to affected properties, livelihoods, land matters and incomes generated through project implementation and has the potential to make PAPs better off than what their previous conditions were prior to the commencement of the project if mitigation measures are well developed, effectively implemented and consistently evaluated and monitored.
The policy objectives of OP 4.12 on Involuntary Resettlement relevant for this Resettlement Policy Framework (RPF) are as follows:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons 3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
In the context of the proposed STCRSP Project, Given that the Project aims at establishing effective community consultation mechanisms for its sub-projects, involuntary taking of land would be avoided as much as possible, i.e. any action that would be taken without displaced persons’ informed consent or power of choice. This issue was also discussed in the parallel Social Impact Assessment Report.
The resettlement policy framework includes measures to ensure that the displaced persons are: (i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.
1 World Bank December 2001, revised February 2011: OP 4.12 - Involuntary Resettlement
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 4
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: (i) provided assistance (such as moving allowances) during relocation; and
(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.
Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also includes measures to ensure that displaced persons are: (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;
(ii) provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. From this, the hypothesis can be drawn, that a prime approach of the project for cases of any relocation and compensation should comprise the option to become a project beneficiary which would entail entitlement to livelihood support through the project measures which include training and credit facilities for farmers.
During any transition period after displacement, such as in case of feeder road construction, the prime compensation should also comprise entitlement to participation in public works for the construction of the feeder road for income generation.
OP 4.12 further places emphasis on considering vulnerable groups including children and youth, the aged, single headed households, disabled persons, indigenous groups and generally people in the poorest category below the poverty line.
For resettlement in general, land-based options are to be preferred wherever feasible, particularly for affected people deriving their livelihoods from land based activities such as from farming. If sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost.
Cash payment for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. Upon identification of the need for involuntary resettlement in a sub project, the borrower carries out a census to identify the persons who will be affected by the project. In the proposed Project, this would only be the case after each concrete sub-project site is finally selected.
The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms. Criteria for Eligibility would entail classification of displaced persons in one of the following three groups:
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 5
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
(a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized or become recognized under the laws of the country; (c) those who have no recognizable legal right or claim to the land they are occupying.
Resettlement Instruments Resettlement Policy Framework For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with OP 4.12. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. Resettlement Plan Would be required if a concrete subproject gives rise to resettlement only. And it would only be applicable where impacts on the entire displaced population are minor (no physical relocation, asset loss less than 10%) or fewer than 200 people are displaced, in which case an abbreviated resettlement plan (ARP) may be agreed with the borrower.
It is because the precise sitting alignments of the Project’s sub-projects can not be determined at this stage that the borrower submits this Resettlement Policy Framework (RPF). In the case of the proposed STCRSP Project, the resettlement policy framework (RPF) is the only document per the OP 4.12 that needs to be submitted as a condition of the loan. However, the subproject-specific resettlement plans (or abbreviated resettlement plans) to be developed for any concrete sub project 2 at a later stage, would need to include baseline census and socioeconomic survey information; specific compensation rates and standards; policy entitlements related to any additional impacts identified through the census or survey; description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement activities; and detailed cost estimate. It is to be noted also that assistance to the borrower regarding land and resettlement policies, strategies, legal frameworks and planning at national, county and local levels has been proposed to be part of the Project by the land experts employed as part of the project preparation and pre-appraisal process (see Annex T-4).
2 See: World Bank, Dec. 2001, rev Feb. 2011: OP 4.12, Annex A, Involuntary Resettlement Instruments
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 6
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
3. LEGAL AND INSTITUTIONAL POLICIES AND GUIDELINES
The Liberian Constitution and several statutes have been enacted to govern the rights of individuals to land and properties. The Constitution provides that an individual or group title to land can be expropriated for national or security purposes. However, there is no statute that clearly defines the manner by which said individual or group can be compensated or resettled. Further, most of the statutes concerning the subject matter were enacted many years ago and some issues therein do not meet present day reality.
The Land Tenure Legislation of Liberia
Applicable Liberian laws with relevance to Land Tenure ownership, compensation and resettlement are the following: • The Constitution of the Republic of Liberia, 1986 • The Land Act, 1905 • The Land Acquisition Act of 1929 • The Revised Laws and Administrative Regulations for Governing the Hinterland, 1949 • The County Act of 1969
Liberian Constitution 1986 Article 22 of the Constitution gives right to all individuals to own property, either on an individual basis or in conjunction with other individuals, as long as they are Liberian citizens. The right to ownership of property however does not extend to mineral resources on or beneath the land.
Land Act 1905 Before independence, land acquisition and distribution in Liberia was done on the basis of relationship and class system. This system of land tenure was seriously opposed and it led to the establishment of a set of rules known as the ‘Digest of Law to govern the affairs of the settlers in terms of land distribution.’ This subsequently culminated in the Land Distribution Act of 1856, which removed the restriction to land distribution on the basis of citizenship. Later, this Act was repealed by the 1905 Land Act to provide for the expansion of the country from a few miles along the coast into the interior and ownership of the new vast amount of land and people therein.
County Act 1969 The Act first instituted official distribution and demarcation of land boundaries in Liberia. Heretofore, counties were created through political means. For example, the three oldest counties in Liberia—Montserrado, Sinoe, and Maryland—were all products of political consideration.
Land Acquisition Act of 1929 The Act outlines procedures for obtaining rights to any piece of land in Liberia through purchase. It distinguishes land in Liberia into two categories: the hinterland and the county area.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 7
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
The procedure for obtaining land located in the hinterlands is as follows:
• Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government; • Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen; Paramount or clan chief signs a certificate which purchaser forwards to the office of the District Commissioner (who also acts as the Land Commissioner for the area); • The District Commissioner, after ascertaining that the land is not encumbered in anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant; • The procedure for obtaining land located in the county is as follows: • Application to the Land Commissioner in the county in which the land is located; • The applicant obtains a certificate from the Land Commissioner, if he is satisfied that the land is unencumbered; • After the purchaser completes the above steps, he pays to the Bureau of Revenues the official value of land which is not less than fifty cents per acre. Thereafter, the purchaser shall obtain and submit a receipt to the President for an order to have the land surveyed. A deed will then be prepared by the Land Commissioner, authenticated, and given to the purchaser.
The Land Tenure System
Customary Tenure Customary tenure involves the use of land which the government has granted to people in the hinterland through customary rights. Such rights begin with the Town Chief, then the Clan or paramount Chief and finally the District Commissioner. The District Commissioner prepares Customary Land Grant Certificates which are subsequently legalised by the president of Liberia.
Freehold Tenure It derives its legality from the constitution and its incidents from the written law. It involves holding land in perpetuity or a term fixed by a condition and enables the holding to exercise, subject to the law, full powers of ownership.
Leasehold Tenure This is created either by contract or by operation of the law; it is a form under which the landlord or lessor grants the tenant or lessor exclusive right of the land, usually for a specific period in return for a rent, granting the tenant security of tenure and a proprietary interest in the land.
Land Valuation System
Title to all land vests in the state. Thus the GoL is the original grantor of land and the public are all grantees. One who obtains land from the state has a bona fide title and right to full possession and use of the land. However the state has the right to revoke any previously granted title. Before such power can be exercised, the state through its institutions is
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 8
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) statutorily obliged to first evaluate the current market value of the property to be acquired with the aim of providing just compensation to the affected owner. Where the land to be revoked is in public use, the state has the burden of replacing it with one of commensurate value.
In the case of public land, section 31 of the 1986 Liberian Code provides the procedure for determining the cost as follows: One dollar per acre for land on the margin of a river • Fifty cents per acre for land in the interior • Thirty dollars per lot for town lots .
Compensation
Article 24 of the 1986 Liberia Constitution provides the basis for compensation for acquired land.
It states that, “expropriation may be authorized for national security issues or where the public health and safety are endangered, or for any other public purposes, provided.”
For the expropriation to be successful the following issues need to be addressed: • Prompt payment of just compensation • That such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and • That when property taken for public use ceases to be soused, republic shall accord the former owner, the right of first refusal to reacquire the property.
World Bank Safeguard Policy on Involuntary Resettlement
The World Bank OP/BP 4.12 on Involuntary Resettlement is applicable to all projects with direct or indirect resettlement impacts. Highlights of resettlement are as follows:
I. All viable project designs shall be explored to avoid or minimize the need for resettlement and when it cannot be avoided, to minimize the scale and impacts of resettlement;
II. Resettlement measures should be taken so as to provide sufficient resource Resettlement measures should be taken so as to provide sufficient resources to give the person displaced the chance to improve former production levels, income earning capacity, and living standards or at least restore them to levels they would have been without the projects;
III. Displaced persons will be: • Compensated at full replacement cost prior to the actual move • Assisted with relocation • Assisted and supported during the transition period.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 9
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
IV. Adequate attention will be given to vulnerable groups;
V. PAPs and Communities in different levels will be given opportunities to participate in planning, implementing and monitoring their resettlement;
VI. Resettlement will be linked to the main project implementation schedule, so that PAPs should be resettled and or compensated before being affected by the construction or sector activities . ;
VII. There should be adequate measures of monitoring and evaluating replacement land; and
VIII. Compensation for land/assets will be encouraged and cash compensation may be appropriate when resident land holdings are economically viable.
According to OP 4.12, the resettlement plan should include measures to ensure that the displaced persons are:
I. Informed about their options and rights pertaining to resettlement; II. Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and III. Provided prompt and effective compensation at full replacement cost for losses of assets attributed directly to the project. IV. If the impacts include physical relocation, the resettlement plan should include measures to ensure that the displaced persons are:
• Provided assistance (such as moving allowances) during relocation; and • Provided with residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site.
Where necessary to achieve the objectives of the policy, the resettlement plan also should include measures to ensure that displaced persons are:
I. Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and II. Provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 10
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Principles and Objectives
These principles are intended to minimize negative impacts. However, it will not always be feasible to avoid displacement or land acquisition. In addition to the impact minimization measures, mitigation measures are needed, hence this RPF.
Regulatory Framework Any impact of the Project on land and/or people (land acquisition, resettlement, and livelihood restoration of affected people) will be addressed in compliance with the Constitution of Liberia, with other Liberian regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where there are gaps or inconsistencies between Liberian laws and the World Bank policy, the World Bank policy OP 4.12 will apply.
Minimization of Displacement In line with the World Bank safeguard policy OP 4.12, the Project will minimize displacement through the following design procedures: • Wherever inhabited dwellings may potentially be affected by a component of a sub- project, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any impact on such dwellings and to avoid displacement/relocation accordingly; • Wherever the impact on the land holding of one particular household/family/individual is such that the household/family/individual may not be sustainable in the long term, even if there is no need for physical displacement, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any such impact; and • Pipelines, other linear infrastructure (power lines) required by the Project will be routed inside right-of-ways, easements or reservations (roads, streets, power lines) wherever possible.
Fair and adequate compensation
One paramount principle of World Bank safeguards is that where people are affected by an undertaking, the aim of compensation or resettlement must be that they should be “no worse- off if not better off” after the compensation or resettlement has taken place. The compensation package will include loss of income or livelihood restoration assistance or relocation assistance as appropriate plus a disturbance allowance.
Compensation payment
Compensation principles will be as follows: • Compensation shall be paid prior to displacement or destruction; • Compensation will be at full replacement value.
By contrast with the depreciated or net value of a structure, the “replacement value” includes the full cost of materials and labor required to reconstruct a building of similar surface and
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 11
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building.
Community involvement and sensitization
Communities within the project areas will be sensitized on the project and likely project impacts and the extent of their involvement to ensure project success. Measures instituted to address negative project impacts will be well communicated to the community.
Compensation of National and International Practices
Although Liberia has several laws concerning title to land and property, as compensation for acquisition of property, these regulation are ‘asset-oriented’ in contrast to the World Bank policies which focus on both asset and the restoration of livelihoods. The asset oriented scheme of the GoL focuses on compensation based on pecuniary estimate of lost assets in exclusion of the socio- economic losses. A summary comparison between Liberian regulations and applicable WB policies is shown in Table 1below .
The project’s compensation and resettlement program is designed to meet the provisions of the WB policies and Liberian legislation . In case of any differences between Liberia and World Bank policies, the World Bank policies will be applicable. In particular, the project’s compensation and resettlement policies include provision for compensation at ‘replacement cost’ and financial and technical assistance to affected people to support economic and livelihood restoration activities. The right of an aggrieved to seek redress is statutorily recognized under Liberian laws. The RPF however provides a comprehensive grievance redress mechanism as the first point of call to address possible and potential grievances. Where the grievance is against an agency of GoL, the steps in seeking redress is to lodge a complaint with the GoL Ministry or agency which shall conduct a hearing and make a determination on the matter. Such decision is subject to appeal to a regular court.
Alternative Dispute Resolution (ADR) mechanisms including mediation are readily available. In the case of the ADR mechanism, the aggrieved party refers the dispute to a third party for a decision binding on both parties, and arbitration, where both parties appoint a board of arbitrators who make a binding decision on the dispute .
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 12
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Table1: Comparison between World Bank and Liberian Laws and Mitigation Measures
Theme Liberian Legislation World Bank Policy OP 4.12 Mitigation Measures
Involuntary Resettlement should be avoided where feasible, There is no distinction between affected or minimized. individuals. -There is distinction between affected people since Project should be designed to distinguish • Land owners, land users, owners of buildings and they receive different types of support or between classes of affected individuals and this Categories of Affected People owners of perennial crops are all lumped together compensation should be taken into consideration in giving and treated likewise. • Particular attention should be given to vulnerable compensation and support. • There are no separate provisions for especially groups vulnerable classes of people. • Affected persons should be assisted to improve their livelihoods and standards of living or at least to restore them to pre-project levels. Compensation involves direct economic and social impact caused by acquisition. Addresses only direct physical impact of acquiring • It is good practice for the borrower to undertake Design project to take socio-economic issues into Impacts land. Socio-economic considerations are not given social assessment and implementation measure to consideration in determining compensation. priority minimize adverse impacts, particularly to poor and vulnerable groups. Affected persons should be: Affected person are to be informed before • Informed in a timely manner on their options and repossession of land. right pertaining to resettlement Adequate communication between government Compensation and Participation • There is no provision on the notice period, and • Offered choices, and provided with technically agencies and affected individuals well ahead of • There is no distinction between farmed land, and and economically feasible resettlement alternatives. scheduled period of repossession. developed land • Provided with timely and relevant information to host communities receiving re-settlers. Eligibility for Compensation and The absence of legal title to land or other assets is Design project to extend compensation or Benefits Compensation is restricted to individuals having a not, in itself, a bar to compensate for lost assets or support (Social and economic) to individuals who legal title to affected land or required other resettlement assistance. do not have legal title to property
Internal monitoring and external evaluation are Design project to involve third party input in Monitoring and Evaluation External evaluation is not required required assessment of compensation to be paid.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 13
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
4. ESTIMATED POPULATION AND CATEGORIES OF AFFECTED PERSONS
Acreage and direct beneficiaries targeted by the Project sub components The Project targets poor smallholder farmers 3 and household members at sub-project sites who participate in the project in the main country’s tree crop producing counties, with particular attention given to the participation of women and youth. An estimated total of 4,900 smallholder households are expected to benefit from the project. This represents a total direct beneficiary population of around 27,440 household members (based on average rural household size of 5.6 4) as shown in Table 2 below. Table 2: Total targeted acreage and direct beneficiaries
Crop Number Cocoa/coffee revitalization Total acreage (ha) 6,000 Targeted households 3,000 Rubber revitalization Total acreage (ha) 2,600 Targeted households 1,300 Oil palm revitalization Total acreage (ha) 1,200 Targeted households 600 Total acreage ha 9,800 Total households 4,900 Total direct beneficiaries (hh members) 27,440
These figures can be detailed further according to the four focal tree crops targeted by the respective sub-components and acreage and number of direct beneficiaries (heads of households and family members) concerned.
Cacao and coffee
3 Smallholders are, for the purpose of this project, defined as farmers, both male and female, who mainly derive their food and cash income from farming (including from tree crops) and mostly using their own family labor. Effective cultivated acreage under tree crops and food crops vary between counties, according to existing production systems. The project would support these smallholders to rehabilitate/replant/newly plant enough tree crops acreage that would allow them to: (i) be lifted out of poverty; and (ii) become specialized tree crop farmers (i.e. deriving most of their cash income from rehabilitated/(re)planted tree crops with project assistance), acknowledging the fact that part of the available family labor should still be devoted to their food crops (cassava, rice, plantain, etc.) to ensure food security and protect households against high risks of food prices variations. 4 According to the 2008 National Census, there were 331,695 agricultural households in Liberia comprising 1,857,301 members (average hh size of 5.6).
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 14
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Table 3: Acreage and direct beneficiaries targeted by Project year – Cocoa/ coffee
Project Year Nimba, Bong and Grand Gedeh Counties Y1 Y2 Y3 Y4 Total Rehabilitation (high input) ha 0 300 700 1,000 2,000 Households targeted 0 150 350 500 1,000 direct beneficiaries (hh members) 0 840 1,960 2,800 5,600 Rehabilitation (medium input) ha 0 500 1,000 1,500 3,000 Households targeted 0 250 500 750 1,500 direct beneficiaries (hh members) 0 1,400 2,800 4,200 8,400 New planting (high input) ha 0 0 500 500 1,000 Households targeted 0 0 250 250 500 direct beneficiaries (hh members) 0 0 1,400 1,400 2,800 Total Cocoa (ha) 0 800 2,200 3,000 6,000 Total Households targeted 0 400 1,100 1,500 3,000 Total direct beneficiaries (hh members) 0 2,240 6,160 8,400 16,800
Rubber
Table 4: Acreage and Direct beneficiaries targeted by Project year - rubber
Project Year County Y1 Y2 Y3 Y4 Total Maryland with CRC Replanting ha 0 200 400 400 1,000 New planting ha 0 0 200 300 500 sub-total (ha) 0 200 600 700 1,500 Households targeted 0 100 300 350 750 Direct inbeneficiaries (hh members) 0 560 1,680 1,960 4,875 Margibi with SRC Replanting ha 0 100 150 150 400 New planting ha 0 0 150 250 400 sub-total (ha) 0 100 300 400 800 Households targeted 0 50 150 200 400 Direct inbeneficiaries (hh members) 0 325 975 1,300 2,600 Montserrado with MARCO New planting ha 0 0 100 200 300 Households targeted 0 0 50 100 150 Direct beneficiaries (hh members) 0 0 325 650 975 Total Rubber (ha) 0 300 1,000 1,300 2,600 Replanting ha 0 300 550 550 1,400 New planting ha 0 0 450 750 1,200 FO/Coops supported (new per 0 2 5 7 14 year) Total Households targeted 0 150 500 650 1,300 Total direct beneficiaries (hh 0 975 3,250 4,225 8,450 members)
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 15
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Oil Palm
Table 5: Acreage and direct beneficiaries targeted by Project year – oil palm
Project Year Total Y1 Y2 Y3 Y4 Farmers' run plantation in Bong, Nimba and/ or Grand Gedeh a/ Rehabilitation ha 0 100 100 100 300 Households targeted 0 50 50 50 150 direct beneficiaries (hh members) 0 280 280 280 840 Replanting ha 0 100 100 100 300 Households targeted 0 50 50 50 150 direct beneficiaries (hh members) 0 280 280 280 840 sub-total (ha) 0 200 200 200 600 Sub-total Households targeted 0 100 100 100 300 Sub-total direct beneficiaries (hh members) 0 560 560 560 1,680 Out growers scheme with EPO in Grand Bassa (high input model) Rehabilitation ha 0 100 100 100 300 Households targeted 0 50 50 50 150 Direct beneficiaries (hh members) 0 280 280 280 840 Replanting ha 0 100 100 100 300 Households targeted 0 50 50 50 150 Direct beneficiaries (hh members) 0 280 280 280 840 sub-total (ha) 0 200 200 200 600 Sub-total Households targeted 0 100 100 100 300 Sub-total direct beneficiaries (hh members) 0 560 560 560 1,680 Total Oil palm (ha) 0 400 400 400 1,200 Total, Rehabilitation ha 0 200 200 200 600 Total Households targeted 0 100 100 100 300 Total direct beneficiaries (hh members) 0 560 560 560 1,680 Total, Replanting ha 0 200 200 200 600 Total Households targeted 0 100 100 100 300 Total direct beneficiaries (hh members) 0 560 560 560 1,680 Famers' run plantations Block FOs supported 0 4 0 0 4 (new) Farmers' run plantations - Coop. (new) 0 1 0 0 1 Out growers FOs supported (new per year) 0 2 2 2 6 Grand Total Households targeted 0 200 200 200 600 Grand Total direct beneficiaries (hh 0 1,120 1,120 1,120 3,360 members) Cocoa/ coffee
New planting (high input) ha 0 0 500 500 1,000 Households targeted 0 0 250 250 500 direct beneficiaries (hh members) 0 0 1,400 1,400 2,800
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 16
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
It is to be said that even in new planting of cocoa/ coffee, the Project will primarily target existing land holdings of cocoa smallholdings, so that in principle no new farm land would need to be opened up. In this sense, also no real resettlement issues would come up.
Rubber
In rubber, the Project aims at targeting smallholders in the vicinity or within existing concessions only, so that land issues should not play a role as the concessionaires have obtained a legal title for the land (usually 50 years concession) for it from the GOL including the MOA who is the Client of the Project. As far as we understand from the interactions with the Concessionaires also, CRC in Maryland, SRC in Margibi and MARCO in Montserrado, no real out-grower schemes are pursued but mostly arrangements whereby smallholders from the area are mobilized to act as additional workers on replanting and new plantings to be made within their concession land. In this sense, no resettlement issues again would come up.
Oil palm
For oil palm, in case of the partner EPO in Grand Bassa, the same as for rubber applies, i.e. the 600 ha targeted would lie on the existing concession land and no resettlement issue would come up normally.
Regarding the farmer run plantation, most likely in Konobo/ Grand Gedeh, of 600 ha, a former GOL owned but dysfunctional cooperative is targeted which again, in principle, should not imply land ownership issues and potential resettlement issues, except if new land expansion would be pursued which could be avoided in the sub project identification phase.
Project proposed infrastructure
Cocoa/ coffee
For this sub component, the following infrastructure elements have been proposed: • establishment of small-scale primary processing facilities (into cocoa butter, coffee powder, etc.) targeting the national and regional food and cosmetics markets; and • rehabilitation of feeder roads, wherever it is critical to provide access to groups of farms (50 km in total). The exact location of this infrastructure however has not been decided by the Project yet. It is in the identification phase of sub projects that this decision will be made. It is also possible that the Project would make such decisions only at a later point in the project cycle.. Following this RPF and the parallel ESMF, then careful consideration will be given to avoid any potential resettlement issues from the beginning.
Rubber
For this sub component for the three sub project sites foreseen (CRC in Maryland, SRC in Margibi, and MARCO in Montserrado), the following infrastructure element has been proposed:
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 17
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
• limited feeder road rehabilitation (access feeder roads or farm tracks and related small bridges and drainage structure; about 70 km in total), wherever it is critical to provide road access to groups of farms.
The Project partners of Concessionaires are competent organizations with a lot of experience and awareness of the legal implications of eventual resettlement issued which are to be avoided as far as possible in any feeder road construction to be proposed once the respective sub project would have started in their area. A careful process of planning in cooperation with the PMU/ MOA and the MOPW would be followed taking into account the guidelines of this RPF and the parallel ESMF to avoid any potential risks associated.
Oil Palm
For this sub component, for one of the three sub project sites under consideration (Bong, Nimba or Grand Gedeh), the following infrastructure elements have been proposed:
• limited infrastructure rehabilitation (access roads and related small bridges and drainage structures) wherever it is critical to provide access to groups of farms; and • the establishment of small scale processing facilities for the farmers’ run plantation - where no modern mills are present.
Regarding the feeder road construction eligible once the sub project has been decided upon, the same careful consideration by the competent project partner, EPO in this case, will be given taking into account the applicable Liberian laws and regulations as well as this RPF and the ESMF guidelines, aiming to avoid any potential land and resettlement issues as much as possible.
Regarding the small-scale processing facilities on the farmer run plantation, the location will be identified later in sub-project identification. Such facilities would be rather small in size, no real land issue and resettlement issue should arise. Moreover, the land on which the farmer run plantation is to operate should comprise land which is still owned by the GOL as the original permit for the GOL owned cooperative is to be still valid. If not, then a careful following of this RF and the ESMF guidelines and respective laws and regulations of Liberia will be followed in order to avoid wherever possible eventual land or resettlement issues.
Indirect Beneficiaries
Indirect beneficiaries would include: (i) the general population in and around the target sites, who would benefit from the opportunities provided by the improved rural infrastructure, in particular access feeder roads; (ii) supply and value chain stakeholders who would benefit from increased supplies and business opportunities generated by the expanded tree crops area and improved partnerships with concessionaires.
The number of indirect beneficiaries is hard to predict at this stage.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 18
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Regarding (i) the general population, the numbers are to be found in the Appendix 5 of the Social Impact Assessment report.
But this population is not concerned by eventual resettlement issues. The same applies to (ii) supply and value chain stakeholders.
Potential Project Affected People (PAPs)
People affected eventually by resettlement issues, are people who due to the project activity implementation would have their (1) standard of living adversely affected, (2) have some assets acquired for the purposes of project implementation (3) have access to certain resources restricted or affected in a negative way or (4) have their livelihoods adversely affected. From the assessment below it is estimated that the number of potential PAPs will not be huge but will be within manageable proportion typical of category B projects. Assistance to vulnerable people During the implementation of the compensation phase of any resettlement program, vulnerable people should be considered. Vulnerable people include orphans, people with disabilities, elderly persons, HIV/AIDS affected/or infected, widows, widowers, and people suffering from serious illnesses. Chronically food insecure households, particularly female headed hh, and extreme destitute population, including the landless, should be added to this category.
Assistance Mechanism (i) Assistance to vulnerable people would include the following steps/obligations: − Identification of persons and cause of vulnerability through interviews with such persons, other community members and leaders; − Identification of required assistance at the various stages of the process, negotiation, compensation, moving, etc.; − Monitoring and continuation of assistance after moving, if required. (ii) Assistance shall take the following form depending upon the needs of the vulnerable persons: − Assistance in effecting compensation; − Assistance in moving, providing vehicles, and facilitation at the moving stage; − Assistance in building, providing materials, workforce or building houses, should the situation require; − Health care, if required during the moving process.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 19
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
5. ELIGIBILITY CRITERIA FOR AFFECTED PERSONS
All affected persons who will lose land, buildings, houses, crops or sources of income and restriction of access will be compensated according to the types and amount of their losses. People with no titles to land will be compensated according to OP/BP 4.12 requirements and hence, people with no legal entitlements to lands they occupy will also be supported so that they can lead a life at least equal to the one they had before they became affected by the project.
If the project encroaches on areas used for farming, alternative land must be assigned such use. The cut – off date for compensation eligibility will be set once all detailed measurements have been completed. The cut-off date usually starts from the date of announcement of intention. Cultivating land, constructing buildings or settlements in the affected areas after the cut-off date will not be eligible for compensation.
Eligibility Criteria
Project affected persons are described as persons affected by land acquisition, relocation, or loss of incomes associated with the acquisition of land and/or other assets, and restriction of access to legally designated sites and protected areas. The RPF gives an indication of the persons and property likely to be affected by the project. However, based on an understanding of the social structure of the rural community and the nature of the projects as per our field study, it appears the most likely affected persons are individual farmers and the respective land owners.
Table 6: Eligibility Criteria
Category of affected Assets Type of compensation persons Persons with formal legal Physical and non- To be provided compensation for rights to land. physical assets such as land lost and other assistance Persons without formal residential structures, To be provided compensation for legal rights to land at time productive lands, farm land lost and other assistance of notification but have lands, cultural sites claims to property commercial/ business recognized by community properties, tenancy, leaders income earning Persons with no opportunities, and To be provided resettlement recognizable legal right or social and cultural assistance in lieu of compensation claim to land they are networks and for land occupied. occupying, e.g. squatters activities Persons encroaching on Not eligible for compensation or land after the notification any form of resettlement assistance
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 20
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
6. METHODS OF VALUING AFFECTED ASSETS
Basis of Valuation
The Constitution of Liberia and the World Bank Operational Policy 4.12 indicate some basis for valuation of property. However, neither the Constitution nor any other statutory laws clearly indicate the value for properties. Where some values have been indicated by the statutes or regulations, the amounts seem unrealistic with present reality.
At present, the governmental agency tasked with assessing real properties is the Division of Real Estates within the Ministry of Finance. The Division has in place a Real Estate Valuation Guideline that estimates the values of real properties on set criteria. The guideline distinguishes real properties on the basis of residential, commercial, commercial-residential, and industrial categories. It further defines real properties in these categories based on the size, basic condition, and materials used for construction.
Ministry of Public Works (MPW) and Ministry of Finance (MoF) are the two main GoL institutions valuating property, land and buildings. The methodology used by MoF is regarded as being more advanced.
It follows a “Land Valuation Average Market Value for Tax Determination (based on Market Intelligence)” grid for valuation of land in Monrovia, Upper Montserrado and outside Montserrado Counties.
Counties form groups according to their proximity to Monrovia, and in each group in principle three classes are applied (administrative centres, other major cities and economic zones, and towns and urbanized villages). In each class, then it is distinguished between an “average minimum value on vacant land” and the “value on developed land” (see Table..in Annex).
Method of Valuing Assets
In accordance with the WB OP/BP 4.12, the replacement cost method is the preferable basis for compensation. This will ensure that affected persons are at least as well off after resettlement actions as before. Hence, the replacement cost method will be the first approach for valuing assets.
Replacement Cost Approach
The Replacement Cost approach is that where market sale and other information is not available, value can be arrived at by using the cost approach. The assumption is that the price is equivalent to the cost of replacing the asset with an equivalent one plus a reasonable and fair profit margin. Additionally the method considers professional and labor fees and other technical services charges that can be attributable to the assets. However, when the replacement cost approach is deemed inadequate to achieve the goals of OP/BP 4.12, the following methods may be considered:
Investment Method
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 21
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
This method treats assets like any other investment in the market, where the main factors influencing investment decisions are security of principal, adequate yield, security of income, administrative costs, and capital growth.
Direct Comparison Method This method will be used to value assets by comparing like with like. It is a very reliable method if current market information is available on sale prices. Adjustments may have to be made for age, condition, or location.
Methods of Compensation
There is no statutory compensation methods enacted in Liberia. Hence, should it become necessary for compensation during the implementation of STCRSP, the common methods of compensation will be considered:
(a) Market value compensation based on market value paid in private ownership. This is defined as the price the interest on land or assets would derive in the open market, assuming a willing buyer/willing seller situation.
(b) Compensation is based on value of improvements where land is communal or belongs to the Government and compensation is required.
(c) Values method of compensation and amount of compensation against the market price at a particular historical date.
(d) Existing value based on the market value of asset on its existing use and discounting any potential value attributable to development possibilities or changes in the market.
Valuation and Compensation of Crops
In regard to the valuation of agricultural crops which might be affected by resettlement activities, there exist certain price scales fixed by MOA.
According to the 2009 scale, for example the price for mature trees of cocoa, coffee, rubber and oil palm was set at USD 6 per tree, whereas the value of a premature tree was half of this value 5.
Valuation of crops is estimated by the guidelines set by the Ministry of Agriculture, in the absence of a statutory regulation. However, for crops not considered under the guidelines set by the Ministry of Agriculture, it should be estimated at what a prudent and well informed purchaser would be willing to pay at a fixed time for the right to receive the income stream produced by that particular crop. Crops used for commercial purposes will be compensated under market value based on historical production records.
Valuation and Compensation of Buildings
5 See: Republic of Liberia, Ministry of Agriculture, Announcement of prices for claims compensation for expropriation/ damaged major tree crops for 2009
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 22
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Should resettlement be necessary during the implementation of sub-projects funded by the World Bank, , the assessed value of real properties and/or building(s) thereon should be estimated by the valuation guidelines of the Real Estate Division of the Ministry of Finance and guided by OP 4.12 and this RPF.
Regarding real estate properties (buildings), the main instrument used is “Republic of Liberia, Ministry of Finance, Administrative Regulation No. 7.2000-1/MOF/R/28 August 2009 to all owners of real properties, tax assessors, enforcers, and private and public appraisers” on appraisal methods and criteria. In a cost approach, technical appraisal rates are applied based on costing units (above average quality, average quality and below average quality) and taking into account the material composition of the building and materials used in the construction (foundation, floor, walls, windows, tiles, roofing sheets). The appraisal arrives at a technical appraisal rate (TAR) in this way by dividing the total cost of construction by the square footage using the formula:
Property Assessed Value = Total Square Area X Technical Appraisal Rate (TAR) – Age Depreciation + Land Value
Valuation and Compensation of Loss for Economic Activities
Valuation and compensation for loss of economic activities shall be determined by the Project Team to be composed during the implementation of projects and to include the implementing agency, technical experts, government representatives, NGOs, and others.
Disturbance & Transportation Allowances
Disturbance allowances shall be paid in addition to the compensation value of the affected assets/properties. Disturbance should be paid for the following situations: • In the case of an individual property/land owner whose property/land is being acquired for the proposed project; or • Where a project site has been subsequently abandoned in favor of another site and the landowner of the abandoned site was required to relinquish his interest over the land; or • Where during the course of executing the proposed project an individual’s interest in land suffered proven physical damage/disturbance. Transport allowances shall be calculated on the basis of transporting an individual 25 kilometers from the point of displacement, plus a reasonable amount for luggage/loads.
However, transport, accommodation and loss of profit allowances shall not be paid for unoccupied land. Accommodation and loss of profit shall not be paid concurrently over the same property. Finally, accommodation and loss of profit shall only be paid to the property owner and not tenant(s).
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 23
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Disturbance and transportation allowances shall be assessed by the Project Teams to be established for the implementation of projects of the borrower or other collaborating/implementing partners, in consultation with the PAPs.
Table 7: General guidelines and methods for costs preparation
Item Types Method Building, Cement, roofing Replacement cost method would be used to structures sheets, doors, wood, determine market value and will be based on (1) paint, sand, stones etc land in comparable site, (2) drawings of Businesses Kiosks, containers, buildings, related structures and support services, workshops, (3) average replacement costs of different types communication of buildings based on information on quantities centres, chop bars, and types of materials for construction, (4) prices saloons of items on the local market, (5) costs of transportation, (6) estimates for construction of new buildings. Farm crops Crops and fruit trees Market value as at the time of replacement (cassava, oil palm tree, etc) Standing Coconut trees, etc. Follow EPA requirement. Pay cash for every tree trees felled and in addition plant two more at location similar to where the other was felled. Forests Dedicated community Replacement cost method would be used and forest areas, sacred should be done in consultation with and groves, cemeteries, acceptable to the traditional authorities or shrines community leaders. Losses of Farming, Fishing, etc. Estimation of net monthly profit for business income and based on records; application of net monthly livelihood profit to the period when business is not operating. Disturbance - 10% of total compensation allowance
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 24
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
7. ORGANIZATIONAL PROCEDURES FOR DELIVERY OF ENTITLEMENTS
Eligibility Criteria
Project affected persons are described as persons affected by land acquisition, relocation, or loss of incomes associated with the acquisition of land and/or other assets, and restriction of access to legally designated sites and protected areas. The RPF gives an indication of the persons and property likely to be affected by the project. However, based on an understanding of the social structure of the rural community and the nature of the projects as per our field study, it appears the most likely affected persons are individual farmers and the respective land owners.
Table 8: Eligibility criteria
Category of affected Assets Type of compensation persons Persons with formal legal Physical and non- To be provided compensation for rights to land. physical assets such as land lost and other assistance Persons without formal legal residential structures, To be provided compensation for rights to land at time of productive lands, farm land lost and other assistance notification but have claims lands, cultural sites to property recognized by commercial/ business community leaders properties, tenancy, Persons with no recognizable income earning To be provided resettlement legal right or claim to land opportunities, and social assistance in lieu of compensation they are occupying, e.g. and cultural networks for land occupied. squatters and activities Persons encroaching on land Not eligible for compensation or any after the notification form of resettlement assistance
Entitlement Matrix for Resettlement/Compensation
The entitlement matrix for compensation issues for the Project is given in the table below.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 25
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Table 9: Entitlement Matrix
Asset Type of Entitled person Eligibility Entitlement impact criteria Permanent Landowner Person with Replacement with an acquisition of (individual, formal legal right equivalent piece of land land household, stool) to land /without located in the vicinity of formal legal right the affected area. If land to land but have is not available then cash claims to property compensation at full recognized by replacement value as community well as disturbance leaders allowance Land Temporary Landowner As above Full reinstatement to pre- acquisition of (individual, project conditions; land household, stool) Rent to be agreed upon for the period during which land is occupied. Acquisition of Landowner As above Cash compensation to be RoWs (individual, negotiated based on household, stool) value; Disturbance allowance Destruction of Landowner/ tenant/ or Farmer Cash compensation for crops farmer crops not ready for harvesting at time of entry, and negotiated with LVB; Disturbance Crops allowance Damage of Landowner/ tenant/ or Farmer Cash crop compensation crops farmer for damaged crops, and negotiated with appropriate authority; Disturbance allowance, Destruction of Landowner Person with Cash compensation to be family/ (individual, formal legal right negotiated based on community household, to land /without replacement value as dedicated community) formal legal right well as disturbance Forests trees to land but have allowance claims to property recognized by community leaders
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 26
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Asset Type of Entitled person Eligibility Entitlement impact criteria Damage to Landowner As above Relocation of cultural sacred groves (individual, heritage to a similar site and other household, in consultation with cultural community/traditional family/community heritage such authority) leaders as well as as cemeteries disturbance allowance. If and shrines relocation to a new site is not possible then cash compensation at full replacement value (to be negotiated with family/community leaders and appropriate authority) as well as disturbance allowance Destruction of Owner Confirmed owner Resettlement to a similar permanent (with evidence) dwelling in a similar immovable of affected location, or structures structure Cash compensation at irrespective of full replacement value of land ownership structure. Structures Cost of moving Disturbance allowance Occupant Tenant Cost of moving Disturbance allowance (3 months rent) Temporary Owner Confirmed owner Cost of displacing the displacement (with evidence) affected structure of moveable of affected Cost of moving the structure structure affected structure back to irrespective of project affected land land ownership Disturbance allowance Agriculture Farmer as distinct Been using Cash compensation of from affected plot affected land for any loss of income owner agriculture Assistance to livelihood irrespective of restoration ownership situation Businesses Business person as Been operating Cash compensation for distinct from owner business on temporary loss of of structure project affected income Livelihood land irrespective Assistance to livelihood of ownership restoration (includes squatters) Use of User of such Use of communal Assistance to identify communal resources resources for and access similar resources (individuals/ livelihood resource elsewhere communities) Cash compensation of temporary loss of income
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 27
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 28
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
8. IMPLEMENTATION ARRANGEMENTS
The overall organizational arrangements for implementing resettlement issues would be, in line with the arrangements proposed in the Environmental and Social Management Framework (ESMF), the establishment of a Project Implementation Unit (PIU) within the overall PMU at MOA.
This PIU would comprise a dedicated unit dealing with all issues related to land and potential resettlement issues.
In order to ensure successful delivery of the project, including the mitigation and improvement measures, it will be necessary for the PMU to put in place appropriate processes and mechanisms, and strengthen the capacity of the implementing agencies and the participating communities to achieve the project objectives in an efficient and sustainable manner. Involvement of the stakeholders at key stages in the development and operation will be a key factor in avoiding challenges and conflicts. There is a requirement to be accountable which necessitates appropriate dissemination of information and transparent policies.
The PIU will need to appoint an Environmental and Social Manager to take responsibility for the implementation of the ESMP and follow up on the RPF and implementation of any possible resettlement action plans (RAPs). This could be a shared (with another responsibility) position within the PIU, but for clarity and focus it would be best if responsibility was invested in a single position. This appointee would be the point of contact for all environmental and social management issues related to the project. Similarly, an Environmental and Social Officer should be designated in each of the target counties. The person designated could be a current officer within the MoA/EPA/Other. In addition, each section within the PIU structure should designated to a person to be the point of contact with regard to any environmental issues relating to that section activities. Collectively these officials will be the project’s Environmental and Social Management Team (ESMT).
In analogy to this proposal, for land and resettlement issues, a Land/ Resettlement Manager would be appointed along with a Land/ Resettlement Committee (LRC).
Each member of the project management team will be responsible for conforming to applicable laws and regulations, and for conducting their work responsibilities in accordance with permit requirements and the ESMP and any RAPs that will be prepared during implementation. The environmental and social management controls that should be used at each of the project development locations to assist in meeting the overall environmental/social management objectives for the project should include, but not be limited to: • Environmental and Social Awareness Training; • Environmental and Social Compliance Reviews and Co-ordination Meetings; and • Environmental and Social Compliance Inspections and Documentation.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 29
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
The above PIU Offices, along with a representative from the EPA, an environmentally and socially focused NGO, and up to three other organizations one of which should have technical knowledge of the land tenure system in Liberia, should form a Project Environmental and Social Management Committee (ESMC) which will guide the implementation process, review policies and procedures, and generally guide the implementation of the ESMP. The Committee should have the power to co-opt other members (e.g. with specific or appropriate technical knowledge).
The following activities of the overall STCRSP need to be taken into account in the implementation process for the RPF as well.
Conducting sub project, site specific environmental & socioeconomic (census) studies After forming the Project Team, the MOA or other implementing agency shall ensure the conduct of site-specific environmental and socioeconomic studies (subproject baseline studies) in each project area to establish social and environmental potentials and opportunities. Where necessary, the Local Traditional Council shall be fully involved.
Identifying, assessing and valuating resulting impacts on assets/livelihood The results of the environmental and socioeconomic site/ subproject studies shall be used in identifying and assessing resulting impacts on assets and livelihood. This exercise shall be undertaken by the Project Team, preferably utilizing the services of an independent consultant.
Identifying affected groups and individuals Affected groups and individuals shall be identified within the surveys conducted during the environmental and socioeconomic impact studies.
Preparing Resettlement Costs and Funding Plans The PT shall be responsible for preparing a detailed list of resettlement cost. The MOA/ GOL and WB shall be responsible for funding the cost, or sourcing funding for the cost. Within this RPF, however the estimated costs of implementing all activities related to these questions have been elaborated (see chapter 10 below).
Compensating the PAP and Feedback to the WB The PT shall ensure that all affected people (PAP) are compensated appropriately. The PT shall prepare forms, which shall be signed by the concerned and submitted to the WB for signifying that the people concerned have effectively received the compensation.
Compensation Procedure Where compensation is required, the Project Team shall effect the compensation according to administrative and legal procedures as agreed in this RPF. The PT will submit reports to the MOA, WB and cooperating agencies, confirming that the compensation has been effected fully.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 30
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
9. GRIEVANCE REDRESS MECHANISMS
Potential Grievances and Disputes
There is the possibility that grievances and disputes may arise during the implementation of resettlement and compensation activities, resulting from the following: (i) Inventory mistakes made during the site survey, census as well as inadequate valuation of properties. (ii) Mistakes related to identification and disagreements on boundaries of individuals’ lands and development. (iii) Disagreements on asset valuation. (iv) Family issues resulting in ownership or share disputes amongst heirs. (v) Disputed ownership of assets by different individuals. (vi) Disagreement of resettlement package including locations, should resettlement be considered by PAPs.
Proposed Grievance Management and Redress Mechanisms
Grievances and disputes that may arise during the implementation of the projects shall be best resolved by the Project Team, based on the due diligence undertaken by the team in preparation of RAPs and socioeconomic assessments. The PT may use as a reference the applicable laws of Liberia and only in the case of disputes that cannot be resolved through the PT and other mechanisms within the scope of the RPF (and only as a last resort the case is to be referred to the Judiciary).
Administrative Mechanism Particularly in the counties where the STCRSP is to be implemented, there exist Local Traditional Councils or County Administrative Councils. These bodies shall be considered in resolving any disputes that may arise during the implementation of the projects by the MOA or other implementing partner, along with the Project Team. The Judiciary shall be always only the last resort, which in principle should only be triggered where amicable or internal redress mechanisms have failed to settle the grievance or dispute.
Grievance Redress and Management Mechanism
Proposed Grievance Management and Redress Mechanism In such compensation and resettlement operations, it often appears that many grievances derive from misunderstandings of project policy, which can usually be resolved through adequate mediation. Most grievances can be settled with additional explanation efforts and some mediation.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 31
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Court cases are known to be cumbersome and it is therefore proposed to make available satisfactory grievance management mechanisms, which will provide aggrieved people with an avenue for amicable settlement without necessarily opening a Court case. Aggrieved people would however remain free to open a Court case without having registered their grievance.
The proposed mechanisms will comprise of the following steps: • Registration; and • Amicable mediation/litigation and settlement
Registration of grievances Ministry of Agriculture (MOA) will establish a register of resettlement/compensation related grievances and disputes. The existence and conditions of access to this register (where, when, how) will be widely disseminated within the community/town as part of the consultation undertaken for the project in general.
Amicable mediation and settlement The group of mediators attempting amicable mediation/litigation will be selected from among the following members: • Representatives (preferably two) from the implementing company • An attorney of the affected person(s), if available; • Local council representative/ Assembly man; and • Traditional leader from chiefdom(or representative)- paramount chief
When a grievance/dispute is recorded as per above-mentioned registration procedures, the mediation committee will be established, and the mediation meetings will be organized with interested parties. Minutes of meetings will be recorded. The existence of this mechanism will be widely disseminated to the affected people as part of consultation undertaken for the project in general. It is important that these mediation committees be set up as soon as compensation report or resettlement plan preparation starts. Disputes can arise from census operations and it is therefore important that the mediation mechanisms be available to cater for claim, disputes and grievances at the early stage.
Court of Appeal Courts of law will be a “last resort” option, in view of the first and second level mechanisms. The Ghanaian Constitution allows any aggrieved person the right to access to Court of law.
Documentation and Tracing A complaint log book and file will be opened for all complaints at the project level. The complainant’s name, date of complaint, nature of complaint, follow-up actions and their dates will all be logged for future referencing. The Grievance mechanism should be built
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 32
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) around existing institutions. The Chiefdoms, regional and national levels should be involved in the processes to be adopted.
Chiefdom Level: The first level for receiving and addressing grievances related to the project will be at the chiefdom level. The proposed membership of this Grievance and Advisory Committee are the District Agriculture officer, Representatives of recognized youth group, recognized women’s group, the Dean Elder and the Paramount chief, representative of farmer’s cooperative. The Paramount chief should be the chair whilst the District Agriculture Officer will be the Secretary to the Committee (5 reps).
Regional Level: The Second level Committee will be made up of the County Superintendent who will be the Chair, EPA representative, County Attorney and Regional Agriculture Officer and representative of the PAPs. The RAOwill be the Secretary, (5 members).
National Level: The third and highest level committee will be at the National level. In order for consistency, this will be made up of same members of the Steering Committee for projects at the Ministry of Agriculture.
Steps for Grievance Resolution The complaint form developed by the project will be used to record all complaints. The record should include the complainants details for example name, contact number (if applicable), house number etc (should be optional), the nature of the complaint, the date of the complaint, and the receiving officer’s name.
Step 1: The receiving officer will issue a note of acknowledgement to the complainant after recording the details spelt out above. The note should include tentative date the complainant will hear from the committee and whom to contact.
Step 2: The receiving officer files the complaint and gives it a file number (determined by MOA). Then he informs the committee, who will launch an investigation into the matter with the aim of finding a (re)solution.
Step 3: Once the complaints are addressed, there should be a close – out form on the complaint. Duration: The Chiefdom level complaints should be investigated and completed within 14 days of receiving complaints.
Step 4 : If complaint is beyond the Terms of Reference of the Chiefdom level, then the chiefdom level committee will agree and authorize the District Agriculture Officer (the Secretary) to forward complaint and appropriate documentation to the Regional level, who then takes up the investigation into the matter. The Regional Secretariat will issue a note acknowledging receipt of documents from the Chiefdom Secretariat. The complainant should be informed at any stage in the process and the time factor involved as well as the contact person he/she/they can deal with.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 33
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Step 5 : Regional Level: There may be need for additional investigations. Regional Committee uses information handed over from the District Agriculture Officer for the Committee members to take investigate and find an agreeable solution to the issue or complaint. Duration: The Regional level Committee has up to 21days to address any issues brought before it. Any issues that are not resolved within this period and or which may be beyond the mandate of the Regional level will have to be forwarded to the Steering Committee with a cover note . Table 10: Proposed schedule for Grievance Redress Steps Process Description Time Other information frame 1 Identification of Face to face; phone; letter, 1 Day Email address; hotline grievance e-mail; recorded during number public/community interaction; 2 Grievance Significance assessed and 4-7 Days Significance criteria assessed and grievance recorded or Level 1 –one off event; logged logged (i.e. in a log book) Level 2 – complaint is widespread or repeated; Level 3- any complaint (one off or repeated) that indicates breach of law or policy or this RPF provisions 3 Grievance is Acknowledgement of 7-14 acknowledged grievance through Days appropriate medium 4 Development -Grievance assigned to 4-7 Days of response appropriate party for 10-14 resolution Days -Response development with input from management/ relevant stakeholders 5 Response Redress action approved at 4-7 Days Senior management signed off appropriate levels staff of MOA/Project should sign off 6 Implementation Redress action 10-14 and implemented and update of Days communication progress on resolution of response communicated to complainant 7 Complaints Redress action recorded in 4-7 Days Response grievance log book Confirm with complainant that grievance can be closed or determine what
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 34
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Steps Process Description Time Other information frame follow up is necessary 8 Close Record final sign off of 4-7 Days Final sign off by Grievance grievance Designated official If grievance cannot be from MOA closed, return to step 2 or recommend third-party arbitration or resort to court of law
Besides the above framework for grievance redress, there are traditional dispute resolution mechanisms within communities which can be used to resolve disputes among community members which some NGOs have learned to work with.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 35
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
10. FUNDING ARRANGEMENTS
Budget and Funding Arrangements
The budget will be developed from the specific social assessment studies and mitigation/livelihood restoration measures to be developed. It will cover resettlement activities including compensation cost for affected assets.
The cost will be derived from expenditures relating to (1) the preparation of the resettlement/compensation plan, (2) relocation and transfer, (3) income and means of livelihood restoration plan, and (4) administrative costs. These bullet points give the cost centres:
Preparation of Plan • Cost of survey of affected persons, valuation and inventory of assets; • Compensation payments for structures
Relocation and transfer • Cost of moving and transporting items • Cost of site and infrastructure development and services • Subsistence allowance during transition • Cost of replacement of businesses and downtime
Income and means of livelihood restoration plans • Cost of estimating income losses • Cost of income restoration plans
Administrative costs • Operation and support staff • Training and monitoring • Technical assistance • Grievance redress mechanisms
Table 11 below is a template for the itemization of budget centres to be prepared under the compensation plan or (A) RP with mainly land and cash compensation in mind. No resettlement housing is included. The template may be modified to suit the specific situation.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 36
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
Table 11: Itemization of budget
# ITEM USD 1.0 PREPARATORY PHASE COST 1.1 Inventory of affected persons, assets and livelihoods 32,000 1.2 Valuation fees (LVB or private valuer) 32,000 1.3 Preparation of resettlement plans or compensation reports 38,000 1.4 Subtotal 1 (Preparatory phase cost) 102,000 2.0 COMPENSATION COST 2.1 Compensation for permanent acquisition of land 20,074 2.2 Compensation for temporary occupation of land NA 2.3 Compensation for destruction of standing crops 21,926 2.4 Compensation for destruction of permanent immoveable NA structures 2.5 Cost for temporary displacement of moveable structures NA 2.6 Subtotal 2 (Compensation cost) 42,000 3.0 LIVELIHOOD RESTORATION /MITIGATION MEASURES COST 3.1 Compensation for farmers ' loss of income 19,000 3.2 Cost of special assistance to vulnerable persons 5,700 3.4 Subtotal 3 (Livelihood restoration/mitigation cost) 24,700 4.0 CAPACITY BUILDING & IMPLEMENTATION COST 4.1 Capacity building for key stakeholders –MOA 100,000 Staff/NGOs/Local representatives 4.2 Overhead cost for compensation disbursement/grievance 80,000 redress/ M & E 4.3 Leg al fees (in case of court dispute) 50,000 4.4 Subtotal 4 (Capacity building & implementation cost) 210,000 5.0 TOTAL COST (addition of all subtotals) 378,700 6.0 CONTINGENCY (5% OF TOTAL COST) 18,935 7.0 GRAND TOTAL COST (Total Cost + Contingency) 397,635
The figures of the template have been calculated as follows.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 37
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
PREPARATORY PHASE (INVENTORY, VALUATION, PREPARATION)
The inventory of potential affected persons, assets and livelihoods is to be undertaken during sub project selection process, and should be costed along with the costing of this project phase.
Cocoa/ coffee
For this sub component, the following infrastructure elements have been proposed: - establishment of small-scale primary processing facilities (into cocoa butter, coffee powder, etc.) targeting the national and regional food and cosmetics markets; and - rehabilitation of feeder roads, wherever it is critical to provide access to groups of farms (50 km in total). The exact location of this infrastructure, however has not been decided by the Project yet. It is in the identification phase of sub projects that this decision will be made.. It is also possible that the Project would make such decisions only at a later point in the project cycle, i.e. after sub project identification, sensitization of communities, start-up phase in year 1 with formation of farmers’ organizations/ cooperatives starting and the project activities of first rehabilitation started in project year 2, and only in years 3 and 4 when expected cocoa production becomes closer towards the end of the project (4 years) such eventual infrastructure elements would be added.
Costs: Small-scale processing facilities are negligible as they will mostly be situated on existing land of participating farmers or public communal land such as in within the traditional village or township (market site etc.). Only for feeder roads, eventual inventory and other costs would arise. Inventory of affected persons, assets and livelihoods as well as valuation undertaken by valuers and preparation of (abbreviated) resettlement plans could all be done in the same exercise as they relate to the same feeder roads to be screened including population residing alongside. This activity could be conducted as part of preliminary planning of feeder roads to be rehabilitated in any of the three counties concerned.. As only rehabilitation of existing feeder roads is concerned, no significant occurrences of PAPs eligible for compensation can be expected, but the activity of inventory plus eventual valuing could be carried out in any case to confirm this assumption. The combined cost for the 90 km of feeder road screening for such potential cases in up to three counties is estimated at USD 30,000.
For the unlikely case that for a limited number of PAPs (90) in this process, resettlement (abbreviated) plans would need to be prepared, a sum of USD 18,000 is estimated.
Subtotal: USD 48,000
Rubber
For this sub component, for the three sub project sites foreseen (CRC in Maryland, SRC in Margibi, and MARCO in Montserrado) the following infrastructure element has been proposed:
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 38
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
- limited feeder road rehabilitation (access feeder roads or farm tracks and related small bridges and drainage structure; about 70 km in total), wherever it is critical to provide road access to groups of farms.
Costs: For the 70 km of feeder roads in the three counties concerned, for an inventory of affected persons, assets and livelihoods and the eventual valuation fees of valuers, an estimated combined amount of USD 24,000 can be set.
In case, PAPs subject to relocation or compensation (estimated number of 70) would be identified in the process, a sum of USD 14,000 is to be reserved.for preparing resettlement (abbreviated) plans.
Subtotal:38,000 USD.
Oil Palm:
For this sub component, for one of the three sub project sites under consideration (Bong, Nimba or Grand Gedeh) where a farmer run plantation model is to be implemented, the following infrastructure elements have been proposed:
- limited infrastructure rehabilitation (access roads and related small bridges and drainage structures) wherever it is critical to provide access to groups of farms; and - the establishment of small scale processing facilities for the farmers’ run plantation -where no modern mills are present.
Whereas the small scale processing facilities will be so minor that they will no involve land acquisition or relocation of people Only the feeder road part is considered to trigger eventually land/ resettlement issues. Assuming a length for this single project area of some 30 km, the combined cost of inventory and eventual valuation can be estimated at USD 10,000.
For an eventual, preparation of resettlement (abbreviated) plans (for an estimated number of 30), an additional sum of USD 6,000 can be reserved.
Subtotal: USD 16,000.
COMPENSATION COST/ LAND
Compensation could arise for a limited number (190) of project affected people (PAP) who would be eventually identified during the inventory and valuation process in regard to the feeder road elements in cocoa, coffee, rubber and oil palm sub-components.
Cocoa/ coffee
A number of 90 PAPs could be concerned in feeder road rehabilitation eventually.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 39
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
For land acquisition, only in cases where the existing feeder road would need to be widened, Assuming that this would be the case in half the cases, 45km of length, for 2 metres would make 90,000 sqm being 90 ha or 222.39 acres.
In Bong and Nimba counties, the official land value is set at 50 USD per acre, leading to a value of 11,120 USD to be reserved for eventual compensation cost of land.
Subtotal: 11,120 USD.
Rubber
For this sub component, for the three sub project sites foreseen (CRC in Maryland, SRC in Margibi, and MARCO in Montserrado) the following infrastructure element has been proposed:
- limited feeder road rehabilitation (access feeder roads or farm tracks and related small bridges and drainage structure; about 70 km in total), wherever it is critical to provide road access to groups of farms.
A number of 70 PAPs could be concerned in feeder road rehabilitation eventually.
For land acquisition, only in cases where the existing feeder road would need to be widened, assuming that this would be the case in half the cases, 35km of length, for 2 metres would make 70,000 sqm being 70 ha or 173.97 acres.
For Margibi and Maryland counties, the land value is set at USD 50 per acre, for Montserrado county at 350 USD.
Assuming an even distribution among the three counties, i.e. 11.66 km per county. For Margibi and Maryland, this amounts to 23.34 times 50 USD being 1,167 USD and for Montserrado (11.66 times 350 USD) to 4,081 USD.
Subtotal: 5,248 USD.
Oil Palm
A number of 30 PAPs could be concerned in feeder road rehabilitation eventually.
For land acquisition, only in cases where the existing feeder road would need to be widened, assuming that this would be the case in half the cases, 30km of length, for 2 metres would make 30,000 sqm being 30 ha or 74.13 acres.
For the three counties concerned (Bong, Nimba and Grand Gedeh), the value of land is set at USD 50 per acre. The land value to be considered would assume to an amount of USD 3,706.
Subtotal: 3,706 USD.
SUBTOTAL ALL LAND: 20,074 USD.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 40
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
COMPENSATION COST / CROPS
Cassava: Average value for mature and premature plants is USD 60/ acre. Assuming cassava to be present on 10% of eventually affected land acreage (47.1 acres), the value to be compensated would amount to USD 2,826.
Plantain: Average value is USD 2.25 per crop. Assuming 100 crops per acre value is USD 225 per acre. Assuming its presence on 10% of land concerned (47.1 acres), value amounts to USD 10,586.
All other crops (including tree crops, except sugar cane): Average value is USD 4.50 per tree, assuming 20 trees per acre on 10% of total land concerned, 950 trees concerned, value of USD 4,275.
Sugar cane: Value is set at USD 90 per acre, assuming its presence on 10% (47.1 acres), value is USD 4,239.
SUBTOTAL ALL CROPS: 21,926USD.
LIVELIHOOD RESTORATION/ MITIGATION COST
Compensation for farmers ' loss of income from the land to be taken for feeder road enlargement discussed above, was already paid for the loss of crops concerned which form the basis for eventual ,loss of income by the same time. No additional compensation is to be paid therefore normally.
In case, there would be a need for additional income substitution due to loss of livelihood on top of the compensation paid for crop loss (such as for those who could not secure their livelihho on their remaining land, an amount to be used for income substitution could be foreseen as follows.
190 PAPs affected eventually on feeder road enlargement works, an amount of 100 USD per PAP to start up alternative livelihood activities could be reserved.
Subtotal: 19,000 USD.
Special assistance to vulnerable persons, who might be included in above PAPs. In addition to the livelihood restoration compensation already reserved for all potential PAPs, assuming that 30% belong to categories of vulnerable people, another amount could be reserved for special assistance to 57 persons (another USD 100/ person): 5,700 USD.
Subtotal: 5,700 USD.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 41
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
SUBTOTAL: 24,700 USD.
CAPACITY BUILDING AND IMPLEMENTATION COST
Capacity building for key stakeholders –MOA Staff/NGOs/Local representatives
For capacity building of MOA at central level (USD 10,000) and at county/ district levels concerned in the 7 focal counties and 8 project site districts (3 in cocoa, 3 in rubber and 2 in oil palm), USD 40,000, a subtotal of USD 50,000 is to be foreseen.
An equal amount of USD 50,000 is to be added for the capacity building of the NGO to be subcontracted for project implementation.
Subtotal: 100,000 USD.
Overhead cost for compensation disbursement/grievance redress/ M & E
For compensation, grievance redress and related M&E, for MOA at central level, this cost is to be included in the overall component 3 of the STCRSP budget, in regard to the PIU and associated Environmental and Social Committees to be established at central and local levels.
If taken as separate element of RPF, it can be estimated at USD 5,000 per project site over the project’s duration (as the exact time when OP 4.12 would be triggered following land inventory of feeder roads for rehabilitation).
Subtotal: 40,000 USD.
For the implementing NGO (and private sector operators in the case of the three rubber operators and one oil palm concessionaire), an amount should be included in the budget of the STCRSP implementation budget, subcomponent RPF as follows: USD 10,000 per each of the 8 project sites (during period of the project as OP 4.12 will be triggered only if feeder roads would be rehabilitated, what can be at any point during this period).
Subtotal: 40,000 USD.
Leg al fees (in case of court dispute)
An amount of 50,000 USD could be reserved for this purpose.
SUBTOTAL: 210,000 USD.
TOTAL ESTIMATED BUDGET FOR RPF: USD 397,635.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 42
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
The exact cost of implementing resettlement action plans and compensation under the STCRSP Project shall be determined during the environmental and socio-economic impact studies to be conducted at each subproject site once it has been determined or at resettlement action plan stage.
The compensation modality shall be agreed upon between the PAPs, beneficiaries/ communities, and the Project Team before a particular subproject will be funded by the borrower or participating institutions (after consent by the Bank). The Project Team shall include representatives of the implementing agency, cooperating governmental agencies, county/district representatives, NGO representatives, consultants, and others as necessary.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 43
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
11. CONSULTATION AND PARTICIPATION MECHANISMS
Consultation on the Resettlement Policy Framework In accordance with the World Bank Policy OP. 4.12, information and consultation on the Resettlement Policy Framework shall be organized as follows:
(i) Organize Resettlement Policy Framework validation workshop for all relevant stakeholders for comments; (ii) Share RPF with stakeholders and the World Bank for comments; and
Consultations and interviews for preparing the RPF The methods applied for developing this RPF were varied. Particular focus was on literature review, interviews using questionnaires, focus group discussions, stakeholder workshops and key informant interviews. These varied tools for data collection gave a wide range of options to reach the different categories of people for the purpose of developing this RPF.
At central level, key national stakeholders from national institutions, private sector, NGOs and development partners were consulted intensively (see Annex A-2 for details).
In each of the target counties, stakeholder consultations were conducted with government officials, private sector and NGOs.
At the level of communities and around concessions targeted by the proposed project, tree crop and non tree crop farmers who are the intended future beneficiaries, traditional authorities, concessionaires, private sector and NGOs were interviewed using focus groups discussions, workshops, individual interviews, formal (survey) interviews.
The participants in these field level consultations held, are represented in Annex A-3.
Land related issues in regard to the RPF were discussed and the perceived constraints and solutions and expectations of stakeholders, intended beneficiaries and a potentially affected people recorded. The main findings have been incorporated in this RPF and the report is attached as an annex to this RPF (see Annex T-4).
Consultations with project affected people - General Guidelines
Under the STCRSP, project affected people (PAP) would be consulted with in the following ways.
(a) Public Participation: At a very early stage after the design of the projects, persons to be affected by the projects \ invited and their involvement taken into consideration.
(b) Notification: The affected individual’s identification will be made during the process. There shall be both formal and informal notification.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 44
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
(c) Documentation of Holdings and Assets: The project implementation teams shall arrange and coordinate all meetings with affected individuals or groups. Documentation of properties or assets to be affected shall be considered during these meetings.
(d) Agreement on Compensation: The types of compensation described above shall be explained to the PAPs. The project teams shall prepare the necessary documentation to be executed between the parties.
(e) Compensation Payments: The MOA or other participating GOL authorities in cooperation with implementing partners shall ensure that all payments are made to the PAP before the commencement of civil works. The venue for payment shall be decided by the teams, at places easily accessible to the PAP. Payments shall be made by check and not in cash.
Consultation Procedures and Participation of potential project beneficiaries of sub projects
Based on the nature of each subproject that will require resettlement, different consultation procedures that will be deemed effective and adequate shall be implemented.
(i) The consultation with affected group or individual will be carried out by the Project Team, the local community leadership, and affected individuals. The assets involved shall be assessed by competent appraisers in accordance with the guidelines of the Real Estate Division of the Ministry of Finance, and as provided for in this Resettlement Policy Framework. Where the PAPs are dissatisfied with the assessment of the valuator, independent valuators shall be contracted. The compensation and other documents relating to the resettlement shall be signed by the PAP as a group or individually depending on the legal status of their property and the subproject Team on behalf of the overall STCRSP.
(ii) Disclosure and Meetings: Meetings shall be organized and conducted within the project areas, where PAPs will have easy access. The principle for compensation for the various types of loss will be detailed. The list of properties and assets to be affected by the projects will be mentioned in such meetings which will include the names of the affected persons.
(iii) The Project Teams shall ensure amicable discussions are held at all times with the PAPs during the compensation and resettlement processes. Community leaders shall form part of the discussions.
(iv) The values and compensation for the assets of PAPs shall be transparent and when deemed necessary and appropriate.
(v) The whole process shall be held in accordance with the laws and procedures applicable, and when PAPs have agreed, a compensation report agreement shall be signed by the parties involved.
(vi) Compensation Options: The options of compensation for resettlement will be
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 45
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) explained to the PAPs for their selection. The parties shall sign a compensation certificate which will clearly describe the mode and scope of the compensation, as well as the responsibilities of the parties.
AGRER S.A RESETTLEMENT POLICY FRAMEWORK 46
LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)
12. MONITORING ARRANGEMENTS
One of the main fields relevant for this RPF is the envisaged prevention/ avoidance and mitigation of potential land/ resettlement risks, relating to the following broad areas of monitoring: • Reduction through family/community validation of the number of farmers involved in the project whose participation is undermined by land tenure insecurity; • Higher levels of participant effort and investment due to relief from tenure insecurity;
• Reduction of the number of disputes concerning land involved in the project Appropriate M&E indicators in this perspective would be: a) Number of Ministry and service provider staff trained in identification of land tenure issues and implementation of land activities under the project. b) Percentage of participants and local authorities reached with sensitization messages regarding land activities, and the extent to which key messages are understood. c) Percentage of cases in which family/community validation was completed successfully. d) Percentage of cases involving new planting in which survey and tribal certificates were successfully obtained. e) Percentage of participants in the project whose participation is threatened by disputes. f) Percentage of cases in which land disputes threatened project participation but were effectively resolved by the project. The M&E for land activities would need to be carried out as an integral part of the overall M&E strategy for the project and implemented by those responsible for the overall M&E program. Indicators for monitoring preparation and implementation of activities for an RPF or resulting (A) RPs would comprise the following. Establishment and cost of PIU unit dealing with land/ resettlement issues (manned by a shared responsibility with environmental issues); Establishment and cost of county/ project area specific land/ resettlement units; Establishment and cost of Land/ Resettlement Management Committees at national and local levels; Number and cost of meetings per year (PIU/ project records);