RP254 v. 1 Public Disclosure Authorized BENIN FINAL DRAFT REV 1 Resettlement Action Plan - Benin West African Gas Pipeline Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized - - - BENIN FINAL DRAFT REV 1 Resettlement Action Plan - Benin West African Gas Pipeline
Prepared for West African Pipeline Company June 2004
I Table of Contents
Table of Contents (continued) Pane 4.10.2 Perception of Fair Treatment With Respect to RAP Elements ...... 4-27 4.10.3 Perception of Impacts on Environmental Issues ...... 4-27
Chapter 5 Land Acquisition Procedures and Implementing Responsibilities ...... 5-1 5.1 Goals ...... 5-1 5.2 Overview of Land Acquisition Strategy ...... 5-2 5.2.1 General Principles ...... 5-2 5.2.2 Types of Land to be acquired ...... 5-3 5.2.3 Methods of Acquisition of Privately Owned Lands ...... 5-4 5.2.3.1 Purchase ...... 5-4 5.2.3.2 Compulsory Acquisition ...... 5-4 5.2.3.3 Compulsory Acquisition: Non-exclusive Rights ...... 5-5 5.2.4 Preparations for the Acquisition of Community, Customarily or Tribally Owned Lands ...... 5-5 5.2.5 Preparations for the Acquisition of State Lands ...... 5-5 5.2.5.1 Exclusive Title ...... 5-5 5.2.5.2 Non-Exclusive Title ...... 5-6 5.2.6 Acquiring Right-of -Way Access Policy ...... 5-6 5.2.7 WAGP Right-of-Way Access Policy ...... 5-7 5.2.7.1 Fences ...... 5-7 5.2.7.2 Pipeline Access Roads ...... 5-7 5.2.7.3 Transportation Routes Transecting the Pipeline ROW ...... 5-8 5.2.7.4 Pipeline Burial Zone ...... 5-8 5.2.7.5 Other Areas within the ROW ...... 5-9 5.3 Land Acquisition Procedure ...... 5-9 5.3.1 Identification of Pipeline Route and Affected Land ...... 5-10 5.3.1.1 Description of Route Determination in Pre-Feasibility, Feasibility, Basic Engineering, and Detailed Engineering Stages ...... 5-10 5.3.1.2 Identification and Demarcation of Affected Plots ...... 5-14 5.3.1.3 Identification of Areas of Stakeholder Significance and Access Issues ...... 5-14 5.3.1.4 Consideration of Social Issues during Route Selection and Selection of Temporary and Permanent Facilities ...... 5-15 5.3.2 Identification and Registration of Property Owners and Other Affected People ...... 5-15 5.3.2.1 Tracking Affected Land and Asset Data ...... 5-16 5.3.3 Public Notification and Comment Procedure: Procedure for Finalization/Verification of Registration and Approved List of Affected Persons ...... 5-16 5.3.3.1 Notification ...... 5-17 5.3.3.2 Information To and Feedback from Communities Conceming Route Selection Informally and Formally Through Public Workshop ...... 5-18 5.3.3.3 Public Display of Information Prior to Public Hearing ...... 5-18 5.3.3.4 Final Submission of Public Feedback and Registering of Claims ...... 5-18 5.3.3.5 Established Cut-Off Date for Claims ...... 5-19 5.3.3.6 Final Steps Used in the Acquisition of Privately Owned Lands ...... 5-19
June 2004 Benin Final Draft RAP - Rev. 1 TOC-4 Table of Contents
Table of Contents (continued) Paae 5.3.4 Negotiation Procedures ...... 5-19 5.3.4.1 Issues of Disputed Ownership and Procedures Applied for the A cquisition of These ...... 5-23 5.3.4.2 Dispute Resolution Procedures (Non-Negotiated Cases) ...... 5-23 5.4 Valuation Methods ...... 5-23 5.4.1 Valuation Procedure ...... 5-24 5.4.2 Basic Principles Underlining Valuation ...... 5-25 5.4.2.1 Valuation of Annual Crops and Trees ...... 5-25 5.4.2.1.1 Annual Crops ...... 5-25 5.4.2.1.2 Trees ...... 5-25 5.4.2.2 Pools of Fish ...... 5-26 5.4.2.3 Productive Assets ...... 5-26 5.4.2.4 Valuation of Immovable Assets and Infrastructure, Including Residential Homes, and Other Structures ...... 5-27 5.4.2.5 Valuation of Severed Parcels of Land ...... 5-27 5.4.2.6 Verification of Valuation Rates ...... 5-27 5.4.3 Compensation ...... 5-27 5.4.3.1 Cash Compensation ...... 5-27 5.4.3.2 Replacement Land ...... 5-28 5.4.3.3 Relocation and Reconstruction ...... 5-28 5.5 Implementation Roles and Responsibilities ...... 5-28 5.5.1 WAPCo Roles ...... 5-28 5.5.1.1 External Affairs/Community Relations/Government Relations ...... 5-30 5.5.1.2 Health, Safety & Environment (HSE) ...... 5-30 5.5.1.3 Engineering ...... 5-31 5.5.1.4 Legal ...... 5-31 5.5.1.5 Accounting ...... 5-31 5.5.2 Key Responsibilities ...... 5-31 5.5.2.1 Land Acquisition and Negotiation ...... 5-31 5.5.2.2 Compensation ...... 5-31 5.5.2.3 Resettlement, Including Provision of Homes ...... 5-32 5.5.2.4 Land-for-Land Arrangements ...... 5-32 5.5.2.5 Re-Instatement of Land ...... 5-32 5.5.3 External Roles and Responsibilities ...... 5-32 5.5.3.1 Estate Surveyors ...... 5-32 5.5.3.2 Government ...... 5-32 5.5.4 RAP Fund ...... 5-33 5.5.5 Community Development ...... 5-33 5.6 Implementation Issues and Solutions ...... 5-35 5.6.1 Resolution of Tenant/Owner Disputes ...... 5-35 5.6.2 Representation Issues ...... 5-35 5.6.3 Owner Identification and Registration, Including Absentee Owners ...... 5-35 5.6.4 Ensuring Accurate Negotiation, Registration and Compensation Disbursement ...... 5-36
Chapter 6 Project Impacts and Mitigation Measures ...... 6-1 6.1 Summary of Land Acquisition ...... 6-1 6.2 Affected Populations ...... 6-3
June 2004 Benin Final Draft RAP - Rev. 1 TOC-5 Table of Contents
Table of Contents (continued) Paqe 6.3 Summary of Land Acquisition Impacts ...... 6-4 6.3.1 Impoverishment Risks and Reconstruction Model ...... 6-4 6.3.2 Landlessness ...... 6-5 6.3.2.1 Permanent Loss of Cultivated Land ...... 6-5 6.3.2.2 Permanent Restrictions on Land Use ...... 6-5 6.3.2.3 Severance Impact ...... 6-6 6.3.3 Homelessness ...... 6-6 6.3.3.1 Loss of Homes and Other Domestic Structures ...... 6-6 6.3.4 Loss of Access to Property and Resources ...... 6-6 6.3.4.1 Loss of Cultural Property ...... 6-6 6.3.4.2 Short-term Impact on Infrastructure ...... 6-6 6.3.4.3 Loss or Damage to Community Property and Resources ...... 6-6 6.3.4.4 Impacts on Forests ...... 6-7 6.3.4.5 Impacts on Grazing Land and Pasture ...... 6-7 6.3.4.6 Impacts on Fish Ponds ...... 6-7 6.3.5 Joblessness ...... 6-8 6.3.5.1 Impacts on Enterprises ...... 6-8 6.3.5.1.1 Farmers and Fishermen ...... 6-8 6.3.5.1.2 Other Impacts ...... 6-8 6.3.6 Food Insecurity ...... 6-8 6.3.6.1 Permanent Loss of Cultivated Land ...... 6-8 6.3.6.2 Temporary Loss of Agricultural Productivity ...... 6-8 6.3.6.3 Loss of Trees and Perennial Crops ...... 6-8 6.3.6.4 Loss of Annual/ Seasonal Crops ...... 6-9 6.3.6.5 Impacts on Irrigation Systems ...... 6-9 6.4 Mitigation Measures ...... 6-9 6.4.1 Types of Mitigation Proposed ...... 6-9 6.4.1.1 Asset Replacement ...... 6-9 6.4.1.2 Income Restoration ...... 6-10 6.4.1.3 Other Entitlements ...... 6-10 6.4.2 Summary of Entitlements ...... 6-10 6.4.3 Implementation Considerations ...... 6-14
Chapter 7 Public Consultation and Disclosure ...... 7-1 7.1 Participation and Consultation Activities ...... 7-2 7.1.1 Stakeholder Identification and List of Key Stakeholders ...... 7-4 7.1.2 Information Provided to Stakeholders and Feedback Mechanisms ...... 7-4 7.1.3 Needs Assessment and Community Needs Identification ...... 7-5 7.1.4 Qualitative Assessment of Community Responses to the Proposed Project ...... 7-6 7.2 General Project Consultations and Feedback ...... 7-6 7.2.1 RAP Consultations ...... 7-8 7.3 RAP Disclosure ...... 7-10 7.3.1 Information Gathering and Update for RAP Disclosure ...... 7-10 7.3.2 Response to Disclosure ...... 7-1 1 7.4 RAP Grievances and Dispute Resolution Prior to and During Land and Asset Acquisition ...... 7-11 7.4.1 Description of the Existing System ...... 7-11
June 2004 Benin Final Draft RAP - Rev. 1 TOC-6 Table of Contents
Table of Contents (continued) Paae Chapter 8 Monitoring and Evaluation ...... 8-1 8.1 Objectives ...... 8-1 8.2 RAP Monitoring Framework ...... 8-2 8.2.1 Reporting ...... 8-4 8.2.2 Staff and Monitoring ...... 8-4 8.3 Internal Performance Monitoring ...... 8-5 8.3.1 Types of Information/Data Collected ...... 8-5 8.3.2 Source of Information/Data Collection Methods ...... 8-6 8.3.3 Responsibility for Data Collection, Analysis, and Reporting ...... 8-7 8.3.4 Frequency of/Audience for Reporting ...... 8-7 8.4 Impact Monitoring ...... 8-7 8.4.1 Type of Information/Data Collected ...... 8-7 8.4.2 Source of Information/Data Collection Methods ...... 8-7 8.4.3 Responsibility for Data Collection, Analysis, and Reporting ...... 8-8 8.4.4 Frequency of/Audience for Reporting ...... 8-8 8.5 External Monitoring ...... 8-8 8.6 Completion Audit .. 8-8
Chapter 9 Resettlement Budget and Financing ...... 9-1
Chapter 10 Schedule for RAP Implementation .10-1 10.1 Plan Preparation...... 10-1 10.2 Consultation and Disclosure . 10-5 10.3 Land Acquisition and Construction . 10-5 10.4 Monitoring and Evaluation . 10-6 10.5 Community Development Programs . 10-6
Annexes Annex 5.1: Involuntary Resettlement Policy OP 4.12 Annex 5.2: A Sampling from the Physical Asset Survey In Benin, Land Values & Improvements Annex 5.3: Benin Unit Land Values Annex 5.4: Land Valuation in Benin Annex 5.5: Benin Total Compensation Summary Annex 5.6: A Sampling From the Land Asset Inventory in Benin Improvement & Crops
June 2004 Benin Final Draft RAP - Rev. 1 TOC-7 Table of Contents
List of Figures Page
Figure 1.1-1: West African Gas Pipeline Project Route ...... 1-2 Figure 1.1-2: Benin Onshore Lateral and R&M Station Footprint ...... 1-3 Figure 1.1-3: Shares of Companies in WAPCo ...... 1-6 Figure 1.2-1: Number of Affected Plots by Community ...... 1-9 Figure 1.2-2: Average Area of Affected Plots by Community ...... 1-9 Figure 1.2-3: Number of Land Plots and Percentage of Land to be Acquired by the Project ...... 1-10
Figure 2.2-1: Pipeline Construction Corridor ...... 2-2
Figure 4.4-1: Beach Crossing Point ...... 4-6 Figure 4.4-2: Migratory Status ...... 4-7 Figure 4.4-3: Land-use Patterns in Surveyed Communities ...... 4-13 Figure 4.5-1: Employment in the Surveyed Communities (ages 14 and over) ...... 4-14 Figure 4.5-2: Work Patterns in the Affected Communities (ages 14 and over) ...... 4-15 Figure 4.5-3: Income Earners in Household ...... 4-19 Figure 4.5-4: Reported Sources of Household Income in Affected Communities ...... 4-19 Figure 4.5-5: Household Asset Ownership (% of households) ...... 4-21 Figure 4.5-6: Household Expense Comparison ...... 4-22 Figure 4.5-7: Reliance on Monthly Agricultural Income ...... 4-22 Figure 4.6-1: Home Ownership Status and Number of Rooms in Homes ...... 4-24 Figure 4.9- 1: Loss of Land Among Affected Landowners* ...... 4-25
Figure 5.3-1: Land Acquisition Process in Benin ...... 5-11 Figure 5.3-2: Land Acquisition Process in Benin ...... 5-12 Figure 5.3-3: Land Acquisition in Benin ...... 5-13 Figure 5.3-4: Land Acquisition Process in Benin ...... 5-20 Figure 5.3-5: Land Acquisition Process in Benin ...... 5-21 Figure 5.3-6: WAGP Dispute Resolution Process in Benin ...... 5-22 Figure 5.5-1: WAPCo RAP Team Organization Chart ...... 5-29
Figure 6.1-1: WAPCo Pipeline Route in Benin ...... 6-2
Figure 7.2-1: Community Consultation Process-Benin ...... 7-7 Figure 7.4-1: Grievance Process in Benin ...... 7-12
Figure 10.1 - 1: RAP Implementation Timeline ...... 10-2
June 2004 Benin Final Draft RAP - Rev. 1 TOC-8 Table of Contents
List of Tables Page
Table 1.1-1: General Land Characteristics of the WAGP Project Area in Benin ...... 1-4 Table 1.2-1: WAGP Project-Affected Populations ...... 1-7 Table 1.2-2: Size of Affected Plots by Community ...... 1-8
Table 2.9-1: Land Acquisition Requirements of the Project in Benin ...... 2-11
Table 4.1-1: List of Surveyed Communities ...... 4-2 Table 4.4-1: Ethnic Composition ...... 4-8 Table 4.4-2: Distribution of Energy Sources by Domestic Use in Surveyed Communities ...... 4-13 Table 4.5-1: Major Crops Raised by Households ...... 4-16 Table 4.5-2: Livestock Ownership ...... 4-17 Table 4.5-3: Fishing Methods Within Survey Rural Fishing Communities ...... 4-17 Table 4.5-4: Sources of Annual Income in Affected Communities (USD) ...... 4-20 Table 4.7-1: Crops Affected by the WAGP Project* ...... 4-24 Table 4.10-1: Expected Project Benefits ...... 4-26 Table 4.10-2: Percentage Distribution of Respondents by Ratings of the Extent to Which the Project Will Affect the Volume of Employment in Benin ...... 4-26
Table 6.1-1: Area and Use of Affected Land in Project Areas ...... 6-3 Table 6.2-1: Affected Land Plots Gender of the Landowner ...... 6-4 Table 6.3-1: Potential Impacts of WAGP Project in Benin ...... 6-5 Table 6.3-2: List of Buildings Lost to the Project ...... 6-7 Table 6.4-1: Entitlement and Compensation Matrix ...... 6-11
Table 7.1: Benin Key Stakeholders for Land Acquisition and Resettlement ...... 7-5 Table 7.2-1: Benin: Community Meetings Involving RAP Discussions ...... 7-7
Table 8.2-1: RAP Monitoring Framework ...... 8-3 Table 8.3-1: Intemal Performance Monitoring Milestones ...... 8-6
Table 9-1: Budget for Compensation, Land Acquisition, and RAP Activities in Benin (Planning, Construction and Operation Phases) .9-2
June 2004 Benin Final Draft RAP - Rev. 1 TOC-9
Acronyms and Abbreviations
Acronyms and Abbreviations
AGI Above Ground Installation CEB Communaute Electrique du Bdnin CIA Central Intelligence Agency cm Centimeter CNL Chevron Nigeria Limited DDET Department of Properties, Registration and of Stamps EA External Affairs EIA Environmental Impact Assessment ELP Escravos-Lagos Pipeline ESD Emergency Shut-Down ESIA Environmental and Social Impact Assessment FEED Front End Engineering Design FID Final Investment Decision ft Feet ha Hectare HDD Horizontal Directional Drilling HSE Health Safety and Environment IFC International Finance Corporation IFI International Finance Institution IGN Etablissement Geographique National in Inch IPA International Project Agreement km Kilometer lbs/MWh Pounds per Megawatt Hour m Meter m2 Meter Squared M&E Monitoring and Evaluation NGC Nigerian Gas Company
June 2004 Benin Final Draft RAP - Rev. 1 AA-1 Acronyms and Abbreviations
NGO Non-Government Organization NNPC Nigerian National Petroleum Corporation OP Operational Policy PAA Project Affected Area PAP Project Affected People PDP Public Display Package R&M Regulating and Metering RAP Resettlement Action Plan ROW Right of Way RUDAN Rudan Ltd. SAS Statistical Analysis System SIA Socioeconomic Impact Assessment SNG Shell Nigeria Gas SOBEGAZ Societe Beninoise de Gaz S.A. SOTOGAZ Societe Togolaise de Gaz S.A. SPDC Shell Petroleum Development Company SPSS Statistics Package for the Social Sciences VALCO Volta Aluminum Co. VRA Volta River Authority VSAT/SCADA Very Small Aperture Terminal /Supervisory Control and Data Acquisition WAGP West African Gas Pipeline WAGPA West African Gas Pipeline Authority WAPCo West African Pipeline Company WB World Bank
June 2004 Benin Final Draft RAP - Rev. 1 AA-2 Executive Summary
Executive Summary
The West African Gas Pipeline Company Ltd. (WAPCo)l intends to construct a 688.6-km onshore and offshore gas pipeline transmission system-known as the West Africa Gas Pipeline Project (WAGP)-that will deliver natural gas from Nigeria to markets in Benin, Togo, and Ghana. This Resettlement Action Plan (RAP) describes the framework and procedures that WAPCo, as the project proponent, will follow for the acquisition and compensation of land and assets, for the Benin portion of WAGP. The RAP also presents progress made by WAPCo through May 2004.
The WAGP project would bring a variety of important environmental, socioeconomic, and development benefits to the four countries. It is anticipated that a more secure regional energy supply will be provided via power generation or direct use for industrial and non-industrial consumers. Households, including the poor, will benefit from enhanced electrical energy availability. Development of a new fuel source would also lead to secondary economic development in the region and thus create new healthcare and education opportunities for the affected population. Finally, the pipeline construction and infrastructure would increase short- term employment opportunities in the adjacent communities as well.
The proposed pipeline route would extend from the Alagbado "Tee" near Itoki, Nigeria for 56 km to a Lagos Beach compressor station, then continue south an additional 2km to the shoreline crossing at Badagry Beach, Nigeria. From the shore crossing in Nigeria, the main trunk of the offshore pipeline will extend to the Takoradi Thermal Power Plant in Takoradi, Ghana. Gas delivery laterals from this main pipeline route will extend to regulating and metering (R&M) stations in Cotonou, Benin, Lome, Togo, and Tema, Ghana.
WAGP land acquisition and resettlement impacts in Benin are modest. Building the pipeline will require clearing a 25-meter right of way (ROW) along the pipeline as well as land for a regulating and metering (R&M) station at Cotonou, altogether involving permanent acquisition of only 42.5 hectares of land. The total pipeline length in Benin is 14.6 kilometers. Because the amount of land taken along the pipeline route involves a narrow strip, the project will affect relatively few households in most localities. Potential impacts are higher in communities that lose larger areas and in households that lose multiple plots to the project.
The pipeline and associated facilities onshore run through seven communities of the Atlantique Department of Benin and are located in two communes: Abomey-Calavi and Ouidah, with a total population of 225,000 people. However, WAGP will affect only 573 individual land plots owned by 337 individuals. Among the affected population, 337 landowners cultivate the land on
IWAPCo is a joint venture company formed to construct, maintain, and operate the pipeline. The company is a partnership among Chevron Nigeria Limited (CNL), Nigerian National Petroleum Corporation (NNPC), the Shell Petroleum Development Company (SPDC) of Nigeria Limited, Societe Beninoise de Gaz S.A. (SOBEGAZ), Societe Togolaise de Gaz S.A (SOTOGAZ), and the Volta River Authority (VRA).
June 2004 Benin Final Draft RAP - Rev. 1 i Executive Summary their own or as part of a "collectivite". 2 Some owners will lose part or all of a single plot, while others will lose several plots to the project. No tenants appear to be on the affected plots.
Most plots to be acquired include privately owned agricultural land and constitute a minor proportion of the land holdings of the affected households. No forests are affected. About half the affected plots have a few palm trees on them. In addition, some swamp areas, as well as fishponds, will also be impacted. Only 24 plots have buildings on them, including those made of bamboo as well as of modem building materials. Twenty-one of these residential homes, and three are small storage facilities.
A compensation framework has been designed for the loss of land, home, and other assets, where the assets are affected. WAPCo staff held individual consultations with the affected households to identify people's opinions with regard to compensation. Project-affected people have expressed preference for cash compensation over other types, including land-for-land arrangements. Cash compensation for land, building, crops, trees and other affected assets have been calculated based on market values as negotiated between willing buyer and willing seller. The project meets conditions specified in OP 4.12 for cash compensation based on willing- buyer/willing-seller arrangements. However, the land-for-land option (in-kind compensation) option has not been ruled out and alternative land plots are readily available in the areas adjacent to the affected territories. People have been informed that they are free to choose either option until the final commitment is made through their signing a letter of intent prior to the final investment decision (FID).
Various departments of WAPCo are involved in the implementation of resettlement activities, under the overall direction of the Project Director, who reports directly to the WAPCo Managing Director. A special unit referred as the RAP Management Team will work with the Project Director to ensure RAP implementation and to carry out independent internal monitoring. Within WAPCo, the core responsibilities for RAP implementation rest with the Community Relations staff.
World Bank Group Operational Policy (OP) 4.12 safeguards against the potentially traumatic effects of involuntary resettlement, which are considered in the RAP prepared for Benin. Since the land acquisition necessary for WAGP will result in the loss of sources of income or means of livelihood in the affected communities, WAPCo has demonstrated its commitment to comply with OP 4.12. Accordingly, resettlement planning has involved screening, scoping key issues, and data collection through surveys and census. In preparing the RAP, social, technical, and legal experts as well as communities and the affected individuals have been consulted. Implementation arrangements as well as monitoring and evaluation (M&E) efforts have been put in place based on principles that comply with OP 4.12 so that the project:
* Minimizes land acquisition by exploring alternative corridor routes and R&M station sites * Organizes land acquisition and resettlement activities to enable the families and persons displaced by the project to improve their livelihoods beyond their pre-project levels
2 The Estate Survey and Valuation Assessment (2003) identified six "collectivites" (in French). "Collectivites" are privately owned, but often used by a group of families, often related or from the same neighborhood.
June 2004 Benin Final Draft RAP - Rev. 1 ii Executive Summary
* Consults with the affected households and provides opportunities for participation in planning and implementing land acquisition subsequent to consultations on land-for-land versus cash compensation options * Ensures that no construction activity starts prior to payment of compensation based on willing-buyer/willing-seller arrangements * Avoids impacts on infrastructure and minimizes temporary disturbance to roads * Compensates households using affected swamp areas for fisheries
Additionally, to minimize land acquisition and thus avoid the physical and economic dislocation of people, WAPCo has adopted several measures:
* The ROW and site of the R&M station have been chosen to impact only a few residential structures. * ROW width has been kept to a minimum 25 meters. * Access road construction to the pipeline has been avoided. ! Replacement land within the affected communities has been identified. * Contractual arrangements have been made with contractors to ensure that lands leased for temporary camps and storage facilities will be chosen from among plots unsuitable for cultivation or returned to their original owners after proper preparation for cultivation. * Limit the extent of clearing to retain as much productive land as possible. * Continued cultivation of crops up to the ROWs' border is allowed.
In RAP preparation, WAPCO conducted broad consultations with the local communities and key stakeholders to inform them about the project and establish the process of community participation and disclosure. Extensive discussions have been held to establish entitlements and modes of compensation.
An Estate Survey and Valuation Assessment (2003) determined exact land demarcations, and recorded the ownership and use of affected plots. This survey provides a comprehensive list of directly project-affected people by name, at the time of the cut-off date. This list has been made available to the public and, if needed, will be published in appropriate public areas after FID is taken. Valuation and assessment of properties to be acquired have been based on different methodologies, including the negotiated market rate and replacement value, to establish the best level of compensation to be offered to affected households.
Meetings have been held with community leaders and public officials to ensure that the entitlements established and their levels are accurate and appropriate. Land plots identified for acquisition have been publicly announced and the announcement displayed. Negotiations with stakeholders for compensation are in progress, and meetings are being held with communities, their professional estate surveyors, and individuals to ensure an equitable settlement regarding disputed lands.
June 2004 Benin Final Draft RAP - Rev. 1 iii Executive Summary
This Resettlement Action Plan was developed subsequent to the collection of that data and will be issued in draft form for public review in July 2004.
June 2004 Benin Final Draft RAP - Rev. 1 iv Chapter 1
Chapter 1 Introduction
The Resettlement Action Plan (RAP) describes the framework and procedures that the project proponent will follow for the acquisition and compensation of land and assets, both permanent and temporary, for the Benin portion of the West African Gas Pipeline Project (WAGP). The RAP describes the Project's land acquisition and compensation principles and procedures and progress through June 2004.
1.1 Brief Description of Project
The West African Gas Pipeline Company Ltd. (WAPCo) intends to construct a 688.6 kilometer (km) gas pipeline transmission system, onshore and offshore from Nigeria to Ghana. The pipeline will deliver natural gas from Nigeria to markets in Benin, Togo, and Ghana.
WAPCo is a joint venture company formed to own, construct, maintain, and operate the pipeline. The company is a partnership between Chevron Nigeria Limited (CNL), Nigerian National Petroleum Corporation (NNPC), the Shell Petroleum Development Company (SPDC) of Nigeria Limited, Soci6t6 Beninoise de Gaz S.A. (SOBEGAZ), Societe Togolaise de Gaz S.A (SOTOGAZ), and the Volta River Authority (VRA). The partnership of these companies was formerly known as the "Joint Venture" or the "Commercial Group."
The proposed pipeline route is shown below in Figure 1. 1-1. The route would start from the Alagbado "Tee" near Itoki, Nigeria. The "Tee" is a connection point to the existing Escravos- Lagos Gas Pipeline (ELP) System. From the "Tee," the pipeline route would proceed 56km south to a compressor station facility, then continue an additional 2km south to the shoreline crossing at Badagry Beach, Nigeria. From the shore crossing in Nigeria, the main trunk of the offshore pipeline will terminate at the Takoradi Thermal Power Plant in Takoradi, Ghana. Gas delivery laterals from this main pipeline route will extend to regulating and metering (R&M) stations in Cotonou, Benin (Figure 1. 1-2); Lome, Togo; and a second gas delivery target location in Tema, Ghana. The characteristics of land lost to the project in Benin are provided in Table 1.1-1.
The main trunk of the offshore pipeline will be placed on the seafloor 24-72m deep at an approximate distance of 16 to 26km from the shore. At three locations, connections will be made from the main offshore trunk to laterals ranging in diameter from 8 to 18 inches (20- 46cm), which will transmit gas to delivery points at Cotonou, Lome, and Tema. In Cotonou, the lateral will extend a distance of approximately 5km to the regulating and metering (R&M) station. WAPCo will also construct a link line from this R&M station to a foundation power- generation customer located 9.5km to the northeast in Maria Gleta.
In Benin, the land acquisition and resettlement impacts of the project are modest. Most plots to be acquired are privately owned agricultural land and constitute a minor proportion of land holdings of affected populations. No forests are affected, but about half the affected plots have a few palm trees on them. Some swamp areas used as fishponds will also be impacted.
June 2004 Benin Final Draft RAP - Rev. 1 1-1 Chapter I
Figure 1.1-1: West African Gas Pipeline Project Route
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June 2004 Benin Final Draft RAP - Rev. 1 1-2 Chapter 1
Figure 1.1-2: Benin Onshore Lateral and R&M Station Footprint
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Kilometers 0 0.25 0.5 0.75 1
June 2004 Benin Final Draft RAP - Rev. 1 1-3 Chapter I
Table 1.1-1: General Land Characteristics of the WAGP Project Area in Benin Length/ROW Width of Pipeline Onshore 5km-long and 25m-wide (Beach to R&M) 9.5km-long and 25m-wide (Link Line) Area of Permanent R&M Station 3.3hal Total Area of Land Plots to be Acquired by the 25- 391h meter Corridor and Facilities Number of Affected Plots 573 Number of Affected Communities 7 Number of Affected Owners 3372 Forest Areas to be Acquired None Number of Land Plots With Buildings3 24 Number of Land Plots With Fishponds and Swamps 43 Number of Land Plots With Coconut Trees 34 Number of Land Plots With Palm Trees 273 Number of Land Plots With Crops4 366 Affected Pasture Area None New Access Roads None Source: Benin Estate Survey and Valuation Assessment, 2003.
Some swamp areas and lagoons belong to the State. Twenty-four plots have buildings on them, some of bamboo and others of modern building materials. Twenty-one of these are residential homes, and three are small storage facilities. Replacement land has been identified for both homeowners and cultivators in the same community where their assets are affected. Nevertheless, affected people preferred cash compensation to other types of resettlement assistance, including land-for-land arrangements. They have held individual consultations with WAGP, without any intermediary or any estate agent and been informed that they can change their minds about in-kind compensation until they make a final commitment through the Letter of Intent they will be asked to sign before the Final Investment Decision (FID).
1.1.1 Value of the Project
The capital investment of the WAGP project is estimated as US$500 million. The total cost of the pipeline construction in Benin alone is projected to be US$73.4 million. It is anticipated that an additional US$600 million would be invested in secondary development of new power generation facilities or upgrades of existing facilities in Benin, Ghana, and Togo (Energy Information Administration, 2003).
' Iha equals 10,000sqm.
2 Because many families own more than one plot, the number of households is far fewer than the number of land plots.
3"Hangars" are storage facilities and are counted as buildings.
4 Many plots include a variety of crops and trees; thus the figures provided in the table for coconut trees, palm trees, and crops are not mutually exclusive. Crops include cassava, maize, and bananas as well as high value vegetables such as tomatoes.
June 2004 Benin Final Draft RAP - Rev. 1 1-4 Chapter 1
A number of potential environmental, social, and economic benefits will result from the proposed project.
1.1.1.1 Environmental Benefits
The WAGP project would improve the regional environment by meeting energy needs with cleaner-burning natural gas instead of less desirable fuels, resulting in a reduction in the amount of air pollution produced, including greenhouse gas emissions. Compared to the average air emissions from oil-fired generation, natural gas combustion produces 20 percent less carbon dioxide; in the case of the proposed gas supply, which is 'sweet,' no sulfur oxide will be produced, and less than half as much nitrogen oxide (US EPA, 2003). Even more significant, the collection of natural gas for end-use would reduce pollution associated with open-flare gas burning, which has been an ongoing problem in Nigeria. The use of currently wasted natural gas as an energy source will reduce greenhouse gas emissions, resulting in global climate change benefits.
1.1.1.2 Social Benefits
The WAGP project would provide a more secure regional energy supply via a reliable fuel source for power generation or direct use for industrial and non-industrial consumers. Households, including those who are poor, will also benefit from enhanced electrical energy availability. The project would also accelerate regional integration and enable sustainable development. The construction of the pipeline and infrastructure would increase short-term employment opportunities in the surrounding areas. Last, the development of a new fuel source would lead to secondary economic development in the region and thus create new employment, healthcare, and education opportunities for affected communities.
1.1.1.3 Economic Benefits
Energy is a vital component of economic growth. The WAGP project would provide a lower- cost, sustainable fuel (and electricity-generation) solution for Benin as well as for Ghana, and Togo. The produced gas would provide fuel for both existing and planned independent power plants, and for industrial and commercial consumers. WAGP would also create a new tax and tariff revenue stream, which would increase tax receipts in all the countries. In addition, the WAGP project would provide infrastructure that would trigger stimulating direct foreign investment in new and existing West African industries as well as provide trade opportunities.
In Benin, as in the other countries participating in the project, the reduced air pollution associated with the use of relatively clean-burning natural gas will benefit quality of life.
1.1.1.4 Project Proponents
The project developer and project proponent for the WAGP Project is the West African Pipeline Company, or WAPCo. WAPCo is a separate, stand-alone business entity formed by the consortium of companies known originally as "the commercial group." Shares in the company are distributed among partners as indicated in Figure 1.1-3: WAPCo, through formal project
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Figure 1.1-3: Shares of Companies in WAPCo
SOBEGAZ SOTOGAZ 2% 2%
VRA L 16% CNL 37%
SPDC 18% NNPC 25%
management and construction management agreements, is responsible for the overall monitoring of land acquisition and resettlement.
1.2 Project-Affected Peoples and Areas
The WAGP pipeline runs through seven communities (arrondissements) in Benin that are located in two communes: Abomey-Calavi and Ouidah. Building the pipeline will require clearing the right of way (ROW) and, therefore, acquiring land. A 25m-wide ROW extending north about 5km to a regulating and metering (R&M) station will be acquired for the onshore lateral. The R&M Station is located west of Cotonou, near Cococodji. To the northeast of the R&M station, the 25m ROW extends about 9.5km via a low pressure link line to a future electric facility at Maria Gleta to be built by CEB.s The land acquisition responsibilities of WAGP and CEB are separate and do not overlap.6
Because the amount of land taken along the pipeline route involves a narrow 25-meter-wide strip, the project affects relatively few households in most localities. Potential impacts are higher in communities that lose larger areas and for households that lose multiple plots to the project.
5CEB is the electric company of Benin (Communaute E1lctrique du Benin).
6Nevertheless, WAGP is in dialogue with CEB to ensure that its land acquisition activities and relations with affected communities are in harmony with those of WAGP.
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Based on a population density survey conducted by WAPCo, approximately 2,270 people live within 200m of the ROW centerline along the lateral pipeline route from the seashore to the R&M station. An additional 25,750 people live within 200m of the ROW centerline along the link line from the R&M station to Maria Gleta. The two affected communes (Ouidah and Abomey-Calavi) have a combined total population estimated at 225,000, while the total population of Benin is approximately 6,395,919. Table 1.2-1 depicts the estimated number of people affected by the project in the seven communities.
Table 1.2-1: WAGP Project-Affected Populations Number of Estimated Community Affected Number of Landowners7 Affected People' Adjahedji 1 5 Hiohouto 10 47 Cococodji 13 61 Akadjamey 40 188 Akouhonou 46 216 Awake 102 479 Sodo 125 588 Total 337 1,584 Source: Benin Estate Survey and Valuation Assessment, 2003.
As already mentioned, the 14.5 kilometers of the pipeline and associated facilities onshore pass through seven communities and involve 573 individual land plots. There are 337 landowners who either cultivate the land on their own or as part of a collective farm ('collectivite').9 Some owners will lose a part or all of a single plot, while other owners will have several plots affected. No tenants appear to be on the affected plots.'°
The ROW occupies a 25-meter-wide strip; therefore, the total land to be acquired by the ROW totals only 39.2 hectares. The proposed R&M station and the associated facilities occupy 3.3 hectares and are located on land currently owned by the community of Cococodji.
According to the Benin Estate Survey and Valuation Assessment (2003), the average area of the plots to be acquired by the project is small, with affected households losing an average of 683
7 Some of the claimants own land in more than one community or more than one plot in the affected community. For those claimants, it is assumed that their main residence is in the community where they lose the largest amount of land to the project.
8 According to the Benin Household Survey, the average size of households is 4.9. The number of affected populations has been estimated by multiplying the number of distinct owners and tenants by the average household size. All figures are rounded. 9 There are six collective farms referred to as 'Collectivite' in the estate survey data. These are lands that are privately held but may be used by a group of families, often relatives. A 'collectivite' may also be cultivated by a mixture of kin and neighbors. '1 No information is available about the six collective farms and how they may be managed and how the compensation payments will be shared among their members.
June 2004 Benin Final Draft RAP - Rev. 1 1-7 Chapter 1 sqm (Table 1.2-2). The community affected by the R&M station will lose a larger portion of each of the affected plots, although few plots are impacted. The pipeline corridor, on the other hand, impacts a higher number of households with smaller portion of relevant plots to be acquired. The community of Adjahedji merely loses a portion of one land plot to the project; thus, it is not impacted for all practical purposes. In contrast, Sodo loses the largest number of plots with a total of 160 land plots affected (Figure 1.2-1). In terms of the total land to be acquired by the project, the community of Awake ranks first with 125,939 sqm (Figure 1.2-2).
Table 1.2-2: Size of Affected Plots by Community
Total Area of Total Area Lost Average Size of Lost Portion of Community Affected Plots to the Project Land Lost to the Affected Number of (sqm) ~the Project Plots"1 Affected Plots (sqm) (sqm) (sqm) (sqm) (percent) Adjahedii 75,730 12,537 12,537 17 1 Akadjamey 1,436,400 78,023 867 53 90 Akouehonou 162,027 51,407 659 56 78 Awake 226,332 125,939 906 58 139 Cococodji 59,286 40,127 427 75 94 Hio houta 62,954 23,914 2,174 52 11 Sodo 110,688 59,568 372.3 55 160 Total 2,133,417 391,170 683 58 573 Source: Benin Estate Survey and Valuation Assessment, 2003.
When the ratio of land lost to the project to the total area of the affected land plot is analyzed, the survey depicts a different aspect of land acquisition (Table 1.2-2). In Cococodji, affected plots lose an average of 75 percent of their area to the project; in Hio Houta, affected plots lose about half their area, and only a few plots are affected. Thus, the severance impacts on affected plots vary and are much larger in some communities than in others.'2
The Estate Survey shows that most land plots, 357 out of 573, at least 50 percent or more of the area will be acquired by the project (Figure 1.2-3). Because information on the total land holdings of the affected individuals is not available, the implications for potential loss of efficiency of agricultural production and/or the marketability of the remaining land of the
" The average portion of land lost in each community is calculated through computing the average loss for each affected plot in the community, and then taking the average of these numbers. Thus, in communities where there may be a few large plots, of which only small portions are lost (such as in Akouhonou), the number given in this column tends to be larger than the division of Total Area Lost to the Project/Total Area of Affected Plots. If the distributions of plot sizes and lost portions were more uniform, the number in this column would approximate the division results.
12 Affected plots constitute a very small portion of total landholdings of households. However, the Estate Survey considered only the affected plot of the family holdings. While severance is normally calculated based on the entire holding rather than a segment of it (referred as 'plot' in this report), WAGP nevertheless included additional compensation when 50 percent of the affected plot was taken by the project.
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Figure 1.2-1: Number of Affected Plots by Community
So do -
Awake
e Cococodji
0 ; Akadjamey
Akouhonou
Hio Houta _
0 20 40 60 80 100 120 140 160 Number of Affected Land Plots
Source: Benin Estate Survey and Valuation Assessment, 2003.
Figure 1.2-2: Average Area of Affected Plots by Community
Hio Houta U
Awake
Akadjamey
Akouhonou _
Cococodji
Sodo
0 500 1000 1500 2000 2500
Average Size of Affected Plots (square meter)
Source: Benin Estate Survey and Valuation Assessment, 2003.
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Figure 1.2-3: Number of Land Plots and Percentage of Land to be Acquired by the Project
400- Average loss (square meters) 656 350-
300- co X 250-
o 200- C, .0 E c 150- 100 --_ 50--
0 Less than 25 percent lost 25 -50 percent lost More than 50 percent lost portion of plots lost to the prjoect
Source: Benin Estate Survey and Valuation Assessment, 2003. respective owners cannot be determined. However, this factor will be considered in individual negotiations during the land acquisition process.
The social impact assessment studies conducted within the framework of the Environmental and Social Impact Assessment (ESIA) covered 13 communities in the broader impact area. Of these, four are included in the Estate Survey and lose land to the project. Chapter 4 examines the socioeconomic conditions of these households in detail.
1.3 Resettlement Implementing Agencies
Responsibilities for the commitments proposed in the RAP reside within WAPCo and are delegated internally and to qualified contractors such as Estate Surveyors. A well-defined organizational structure exists, with units and staff assigned to specific RAP implementation roles.
Various departments of WAPCo are involved in the implementation of resettlement activities, under the overall direction of the Project Director, who reports directly to the WAPCo Managing Director. A special unit referred as the RAP Management Team works with the Project Director to ensure RAP implementation as well as to carry out independent internal monitoring. Within WAPCo, the core responsibilities of the RAP work rest with the Community Relations staff.
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1.4 Key Issues of Involuntary Resettlement and Land Acquisition
The construction of the gas pipeline and R&M stations requires acquisition of about 42.5 hectares (ha) of land. While this is a relatively small land area, adverse impacts will occur both because households will have less land available for cultivation and because the existing plots might be severed so that efficiency of cultivation may be reduced. Also, as discussed above, the average ratio of land to be acquired by the project to the total area affected at household level varies significantly among the households where some lose large portions of their land to the project although the land loss at the community level seem to be lower. As stated in the World Bank Safeguards policies (OP 4.12), involuntary resettlement, if unmitigated, can result in economic, social and environmental risks to the project in Benin in several ways:
* Some farmers may face impoverishment when their productive assets or income sources are lost. * Income from fisheries may be reduced. * Community institutions and social networks may be weakened, especially if ownership disputes arise and families and collectives do not cushion the interests of those members who cultivate the affected plots.
The above-listed risks to livelihoods exist due to potential impacts to:
* Land ownership and use, and * Wooded areas, swamps and/or fish ponds
The relevant World Bank Group policy requires culturally appropriate measures to address and mitigate the impoverishment risks as well as those affecting other livelihood elements. It is the purpose of this Resettlement Action Plan (RAP) to design and provide an implementation structure for such measures.
1.5 Land Acquisition and Resettlement Plan Objectives
The WAGP project will require land acquisition that may result in the loss of income sources or means of livelihood. World Bank Operational Policy (OP) 4.12 safeguards against the potentially traumatic involuntary resettlement effects, which are considered in the RAP prepared for the Benin segment of the project. Planning for resettlement has involved screening, scoping key issues, and data collection through surveys and census. In preparing the resettlement plan, social, technical, and legal experts as well as community-based organizations have been consulted. Planning efforts and implementation arrangements have been based on principles that comply with OP 4.12 so that the project:
* Minimizes land acquisition by exploring alternative corridor routes and R&M station sites * Organizes land acquisition and resettlement activities to enable the families and persons displaced by the project to sustain, if not improve, their livelihoods beyond pre-project levels
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* Consults affected households and provides opportunities for participation in planning and implementing the land acquisition process * Ensures that no construction activity start prior to payment of compensation based on willing-buyer/willing-seller arrangements * Avoids impacts on infrastructure and minimizes temporary disturbance on roads * As appropriate, compensates households using affected swamp areas for fisheries
To minimize land acquisition and thus avoid physical and economic dislocation, the project has adopted several measures:
* ROWs and R&M station site to impact only a few residential structures-chosen * Minimum 25-meter ROW width-maintained * Construction of access roads to the pipeline-avoided * Replacement land within the affected communities for those who might choose in-kind replacement-identified * Re-instatement of lands leased for temporary camps and storage facilities-intended * Clearing to retain as much productive land as possible-limited, and * Continued cultivation of crops up to the ROW border-allowed
1.6 Progress to Date
In the preparation of the RAP, local communities and key stakeholders have been informed of the project and the process of community consultation. Extensive discussions have been held to establish entitlements and the mode of compensation. Estate surveys were conducted from August through October 2003 along the final proposed route to determine exact land demarcations, clarify land-access issues, and record the pattern of ownership and use of affected plots. Estate surveyors also performed valuation and assessment of properties to be acquired based on different methodologies, including the prevailing market value, replacement value, income stream, negotiation between willing buyer and willing seller, etc., to determine the best level of compensation to be negotiated with the affected owners. Also, deeds or plot assignments have been verified. Meetings have been held with community leaders and public officials to ensure that the entitlements established and their levels are accurate and appropriate.
The land plots identified for acquisition have been publicly announced. In addition, a workshop on WAGP's RAP approach was held in the project-affected area in December 2003. Negotiations with stakeholders for compensation are in progress, and meetings are being held with communities and individuals to ensure an equitable settlement regarding disputed lands.
This Resettlement Action Plan was developed subsequent to the collection of that data and will be issued in draft form for public review in July 2004.
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1.7 Program for RAP Implementation
Chapter 10 presents the schedule for RAP implementation along with the details of implementation responsibilities. Implementation includes institution of a number of key elements: application of mitigation measures (Chapter 6); public disclosure of the project and land acquisition plans (including the provision for grievances and dispute resolution) (Chapter 7); and monitoring and oversight programs (Chapter 8).
1.8 Scope of Resettlement Action Plan
The RAP is organized into sections as follows:
* Chapter 1 provides a more detailed description of the WAGP Project, including a description of the pipeline corridor and the R&M station, the consideration of alternatives, and measures taken to avoid resettlement and minimize land acquisition * Chapter 2 describes Benin's legislative and legal framework for resettlement, expropriation and compensation and World Bank Group policies in these areas, including the IFC's manual of good practices on public consultation and disclosure * Chapter 3 identifies and summarizes applicable national legislation and regulatory standards as well as relevant international policies and guidelines concerning resettlement, land acquisition, and compensation * Chapter 4 deals with the socioeconomic characteristics of the populations affected by the project * Chapter 5 describes Benin's land acquisition and compensation procedures and implementation responsibilities, including experience to date with implementation, especially with regard to recent legislation * Chapter 6 outlines the Project's impacts and mitigation measures for both permanent and temporary expropriations on various categories and uses of land and resources * Chapter 7 describes the public consultation and disclosure process and activities of the RAP and Land Acquisition, including the provision for grievances and dispute resolution * Chapter 8 outlines the monitoring and evaluation mechanism for the RAP, including the provision for expert monitoring * Chapter 9 details RAP costs and the budget for its implementation, and * Chapter 10 presents the schedule for RAP implementation along with the details of implementation responsibilities
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Chapter 2
Chapter 2 Project Description
2.1 Layout of Pipeline 2.1.1 General Route
WAPCo intends to construct a 30in (76cm) diameter and 688.6km long, dry gas pipelinc transmission system, onshore and offshore from Nigeria to Ghana. The onshore pipeline will connect to the existing Escravos-Lagos Pipeline (ELP) at the Alagbado "Tee," north of Lagos, Nigeria; extend 56km to a compressor station at Ajido near Topo, Badagry in Nigeria; and then proceed 2km across Badagry Creek to the Atlantic shoreline. The offshore pipeline will be 16 to 25km from shore in water depths of 24 to72 meters. Single lateral connections will be made to bring gas onshore in Benin, Togo, and Ghana (with two delivery points). The laterals will extend onshore between 200 and 900m, except in Benin (5km). The width of the onshore ROW will be 25m. The relevant maps have already been provided in Chapter 1 (Figure 1.1-1, 1.1-2). 2.1.2 Determination of Route
Three options were considered for the pipeline routing: onshore/offshore, all onshore, and all offshore (PLE, 1999). The selected option (a combination of onshore and offshore routes) provides the lowest level of environmental and socioeconomic impacts for the least cost, and minimizes the need for land acquisition.
WAPCo considered re-routing the planned onshore section of the pipeline through Benin and Nigeria, and locating the compressor station in Krake, Benin. (WAGP, 2000) Onshore routing to Benin would have reduced personnel requirements by combining the compressor station and R&M station, reduced the need for compression, and improved energy efficiency. However, it would have required greater risk management and longer onshore pipeline distance, thus involving more extensive land acquisition. To minimize physical and economic displacement, this option was eliminated.
Along the identified route, additional adjustments were made to avoid land acquisition. For instance, the corridor has been designed to skirt around a coconut plantation and the swamp in Benin, thus avoiding any severance impacts that would have occurred. Additional re-routing would be considered only under exceptional circumstances. 2.2 Right-of-Way Configuration
The pipeline centerline will be located approximately five meters from one edge of the 25m-wide right of way (ROW). All land within the ROW will be acquired by WAPCo in accordance with the land acquisition laws in Benin. The "pipeline mound" is the land directly above where the pipeline is buried. The Sm-wide strip will serve as a storage area for trenching spoil. The adjacent 10m-wide strip will be used for vehicle access during construction and for maintenance and operational monitoring by WAPCo. This land will not be available for use by the local
June 2004 Benin Final Draft RAP - Rev. 1 2-1 Chapter 2 population once WAGP construction begins and during operations. Rather, it will be used for vehicle and construction-equipment access during construction. After construction, it will serve as a buffer against encroachment and may, in the future, be used for expansion. Access to the 10m of the ROW is governed by the WAPCo ROW Access Policy and described in Section 2.6. The configuration of the ROW during construction is shown in Figure 2.2-1 (also see Figure 1.1-2).
Figure 2.2-1: Pipeline Construction Corridor
1 DITCHSPOIL isW ~~ T PRtlPtEEpDPIPELINE \ n\ n TOPSOIL I i
20M SPOIL SIDE I INC SIDE
25m RIGHTOFIR
2.3 Pipeline and Facility Description
This section describes the major permanent facilities making up the WAGP transmission system in Benin, and their permanent footprints. A broader picture has been provided in the executive summary for the entire project, including the pipeline configuration and facility descriptions for all four countries. 2.3.1 Onshore Pipeline
2.3.1.1 Onshore Lateral and Trunk in Benin
For most of their route, the onshore portions of the lateral trunk will be buried to a minimum depth of 0.9m and deeper at road crossings. The ROW will be an average of 25m wide.
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The components of the onshore pipeline include:
* Pipeline ROW with an average width of 25m * Cathodic/corrosion protection system * Temporary marshaling yards during construction phase (Section 2.5.1), and * Existing access roads (Section 2.4)
In view of the onshore length of the Benin lateral, there will be a temporary marshaling or staging yard site to stage and dispatch equipment and materials used in onshore pipeline construction and provide temporary field office locations for the construction contractors. The base case is for the location of this staging yard to be the Cotonou R&M station; the beach at Cotonou is being considered as an alternative location.
2.3.2 Offshore Main Trunk Line and Laterals
The pipeline will be installed mainly on the seafloor and, for certain shore crossings, in jetted trenches. The pipeline runs 579km from the Lagos Beach Compressor Station to the Takoradi thermal power plant. A tie-in will be made for a lateral to extend from the main offshore trunk line to Cotonou.
The offshore transmission system components to be installed include:
* About 20-inch (50cm) concrete-weight, coated main trunk line and laterals of 8, 10 and 18 inches (8 inches for Benin) * Subsea lateral line take-off and provision for temporary installation of a pig launcher, and * Cathodic/corrosion protection system
The offshore pipeline will be placed directly on the seafloor in water depths in excess of 8m. In sections of the route that are less than 8m deep, the pipeline will be either buried below the seafloor, as is the case for nearshore approaches to beach crossings, or covered, such as in areas of hard bottom substrate. Section 2.5 describes the basis for these specifications and other aspects of the offshore pipeline construction in more detail.
For the great majority of its route, the pipeline will lie 30-50m below sea level. At the deepest point it will be 72m below sea level. The pipeline route does not cross any shipping lanes and avoids passing through anchorage areas. 2.3.3 R&M Station
A regulating and metering (R&M) station will be installed onshore at Cotonou and located west of Cotonou, approximately 10km from the city center. The R&M station is the end point of the offshore lateral in Benin. It is the point where the WAPCo transmission system ends and customer usage and/or local gas distribution by local gas distribution companies begins. Its purpose is to reduce pipeline pressure and provide custody transfer and metering of the natural gas from WAPCo to the customer or local gas distribution companies. A security fence will be
June 2004 Benin Final Draft RAP - Rev. 1 2-3 Chapter 2 erected around the buffer zone of each facility. The facilities will also have 24-hour manning and security (Figure 1.1-2). The Cotonou R&M will be 150m by 220m and occupy 3.3ha. A 25m buffer zone will surround the facility. To the south of the station, a 25m ROW approximately 5km long is required for the onshore portion of the lateral linking the station to the offshore mainline. Northeast of the R&M station, a 25m ROW of approximately 9.5km is required for a lateral to a future CEB facility at Maria Gleta.
2.4 Transportation Routes
2.4.1 Onshore ROW and R&M Station in Benin
Access to the R&M facility during construction and operations will be via the Cotonou to Lom6 highway. Access to the ROW will be along the ROW route itself and access to the shore crossing will be through the existing Beach Road. No new access roads will be constructed.
2.5 Construction 2.5.1 Temporary Storage and Accommodation Areas
Marshaling yards will be strategically located along the pipeline route to stage and dispatch labor and equipment. The locations will be based, in part, on the recommendations of the construction contractors and will be known when the construction contract award has been made in July 2004. No provisions for personnel accommodations or related support facilities are to be provided along the ROW itself. All staging will be done at the R&M station
2.5.1.1 R&M Stations and Onshore Laterals
A temporary staging area equal to 25 percent of the layout area of the R&M station will be required. At Cotonou this area will be included in a 3.Oha marshaling yard to be used in construction of the lateral. The construction of temporary housing facilities will not be needed.
2.5.2 Construction Methods
A complete description of construction methods is given in the ESIA of the project (WAGP, 2004). Relevant elements of that description are summarized here.
2.5.2.1 Upland ROW
2.5.2.1.1 Clearing and Grading
The construction ROW will be established such that there is a 5m-wide strip on one side of the centerline of the pipeline (the "spoil side") and a 20m-wide strip ("the working side") on the other. The spoil side will be used for storing excavated spoil and will remain, as a buffer strip, after construction. Vehicles will move and construction machinery will operate on the working side.
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The construction ROW will be cleared and graded to remove brush, trees, roots, and other obstructions such as large rocks and stumps. Crops and other non-wooded vegetation may be mowed while other crops, such as grain, may be left in place to limit soil erosion. The construction ROW will be graded in some places to create a safe working area, accommodate pipe-bending equipment, and allow the operation and travel of construction equipment. The natural drainage will be preserved to the extent possible. If necessary, a fence crew, typically operating in conjunction with the clearing crews, will cut and brace fences that intersect or cross the proposed route. Fences may be installed to keep livestock out of the working area. Where necessary, temporary gates will be constructed to allow landowners to move livestock from pasture to pasture and allow construction crews access along the ROW.
Timber will also be removed during construction operations. Other timber may be cut and removed from the ROW by WAGP but will be left with the affected owners so they may sell it or use it for their own purposes. Timber that is not marketable and other vegetative debris may be chipped, burned, or disposed of according to the landowner's wishes. Alternatively, the owner may wish to use this for energy and/or other purposes. Burning will be done only at the insistence of the landowner and, if used, will comply with local regulations and be performed to minimize fire hazard and prevent heat damage to surrounding vegetation. Stumps and other timber considered to be non-marketable may be used to construct off-road vehicle barriers at the request of the landowner. Disposal of materials taken off-site will be done at facilities or locations audited and approved by WAPCo.
After the ROW has been cleared and the stumps removed, grading may be necessary. Minimum grading will be required in flat terrain. In areas with steep terrain, more extensive grading may be required. A maximum of 12 in of topsoil will typically be removed or stripped and segregated in agricultural lands that are cultivated annually. Additional areas in the construction ROW outside the agricultural areas may be stripped at the request of a land management agency or landowner. Typically, soil will be stripped from the following areas: the ditch, spoil storage area in uplands, and the ditch in unsaturated, unfarmed wetlands. Topsoil that has been removed or stripped will be stored in the working area. Any topsoil not needed for the leveling of the pipeline corridor will be made available to the landowners if they want to use it elsewhere in their plots. The project contractors will extend the landowners the courtesy of moving the topsoil to areas, within the affected plots, indicated by the owners.
2.5.2.1.2 Backfilling
Once the pipe is in the trench, the trench is backfilled using a bulldozer, backhoe, or other suitable equipment to place a mound on top of the pipeline. Backfill usually consists of the material originally excavated from the trench. However, in some cases additional backfill from other sources may be required. Any excess excavated materials or materials unsuitable for backfill will be spread evenly over the ROW or disposed of in accordance with reasonable landowner requests. In areas where topsoil has been segregated, the subsoil will be first placed in the trench and then the topsoil will be placed over the subsoil. To avoid adverse environmental impacts, backfilling will occur to grade or slightly higher to accommodate any future soil settlement. During backfilling and final grading, measures will be taken to minimize erosion, restore the natural contour of the ground, and restore surface drainage patterns as close to pre-construction conditions as practicable.
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2.5.2.1.3 Clean-up and Restoration
After the completion of backfilling, all disturbed areas will be finish graded and any remaining trash and debris will be properly disposed of in compliance with country and local regulations. After construction, the entire ROW will be protected by the implementation of erosion-control measures, including the site-specific contouring, permanent slope breakers (low profile berms constructed diagonally across the ROW to divert runoff), mulch and reseeding, or sodding with soil holding grasses. Contouring,will be accomplished using acceptable excess soil from construction. The erosion-control measures used will comply with country regulations or guidelines.
2.5.2.2 Wetland ROW by Push-Method Trenching
The push method of constructing a pipeline through a wetland has many of the same steps as constructing a pipeline on dry land. The main differences are that the heavy equipment may have to be supported by mats or on a barge depending upon water depth on the working side of the ROW, and pipe floated into place over the trench before installation rather than lifted over the trench with cranes.
2.5.2.2.1 Clearing
This is essentially the same as on dry land except that if the wetland is forested, below-grade tree stumps and root mass from all plants will be left intact on the non-working side of the ROW.
2.5.2.2.2 Backfill
To stabilize the pipeline, the trench will be backfilled as soon as possible. Excavated wetlands will be backfilled with either the same material as that removed or a comparable material capable of supporting similar wetland vegetation. Original marsh elevations will be restored. Adequate material will be used so that following settling and compaction of the material, the proper pre- project elevation is attained. If excavated materials are insufficient to accomplish this, material with similar grain size will be purchased locally and used in situ to restore the trench to the required elevation. After backfilling, erosion protection measures will be implemented where needed to prevent fish and wildlife habitat degradation and loss.
2.5.2.2.3 Reinstatement
Reinstatement will be undertaken to return the physical environment to a state similar to that in which it was found to prevent erosion, encroachment by undesirable vegetation, and damage to the pipeline from root systems of unplanned, colonizing plants or trees. All construction-related materials (e.g., timber riprap, prefabricated equipment mats, geotextile fabric) will be removed upon completion of construction. Excess soil will be re-graded to conform to the surrounding terrain and to limit erosion by wind and running water.
The graded surface will be planted with native grasses only and routinely mowed/cut to minimize the tendency for natural reforestation throughout the project life. This will also allow the farmers to use their affected adjacent/remaining plots with ease. The site to be reinstated will be scarified (ripped and disked to a depth of 6in) and immediately broadcast seeded. Where the
June 2004 Benin Final Draft RAP - Rev. 1 2-6 Chapter 2 pipeline trench may drain a wetland, trench breakers will be installed and/or the trench bottom sealed as necessary to maintain the original wetland hydrology. A permanent slope breaker will be installed at each wetland crossed along with a trench breaker at the base of the slopes near the boundary between the wetland and the adjacent upland areas. Fertilizer, lime, or mulch will not be used in the ROW within a wetland, nor immediately upslope from a wetland. Species suitable for seeding wherever brackish water is present will be used wherever required.
For all forested wetlands (mangrove swamp), native shrubs and herbaceous species will also be planted to re-vegetate a 15m-wide portion of the permanent ROW, which for maintenance purposes will not be allowed to revert to forested wetlands (mangrove) for the project life. Re-vegetation will not occur on portions of land required for maintenance roads or firebreaks.
2.5.2.3 Horizontal Directional Drilling for Wetland Crossing and Auger/Thrust Boring of Road/Rail Crossing
Horizontal Directional Drilling (HDD) is a pipeline installation method to minimize surface disturbance to wetlands, stream/river/lagoon crossings, beach crossings, or other sensitive areas. A similar technique, thrust boring, is used for road/rail crossings. These techniques avoid the need for clearing, backfill, and reinstatement but require a space 30m by 50m for drill entry and exit. This may mean at worst that for each entry and exit point, a total space equal to 750m, is required extra to the ROW. This has already been included in the land acquisition considerations presented in the RAP.
In Benin, it is envisaged that one road and a rail line will be thrust bored and that one HDD entry point will be needed for the shore crossing, giving three points in total. HDD will cross no wetlands or other locations than as specified above.
2.5.3 Construction Schedule and Duration
A final schedule for construction has not yet been determined. It is envisaged that site work will commence within nine months of the construction-contract award. The commencement date of the schedule for the whole of WAGP depends on the final investment decision, which has not yet been made. The implementation period is expected to be phased into two stages of 18 months for completion of the offshore line and Cotonou metering station. The expected duration for the construction of each element of WAGP/Benin is given below.
2.5.3.1 Onshore Pipeline and Marshaling Yards
Installation is expected to take two to three months in Benin (including the link line to the site of the future CEB facility).
2.5.3.2 Shore Crossings
Shore crossings undertaken by horizontal directional drilling are envisaged to take between four and seven weeks, depending on the length of the shore crossing required.
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2.5.3.3 Offshore Main Trunk and Lateral Lines
Installation is expected to proceed at a rate of 2km to 3km per day. Installation is expected to take 52 weeks for the main trunk line and two weeks for each lateral. Installation of the lateral will be scheduled and carried out to avoid the main wet season. For the shore crossing undertaken by HDD, the lateral crew will stay in place an extra two weeks.
2.5.3.4 R&M Stations
Construction of each R&M station is expected to take five months. 2.6 WAPCo Policy on Public Access
This section describes the WAPCo Right-of-Way Access Policy, including the following. 2.6.1 Facility Footprints
Fences will be installed around the property containing the R&M station in Benin. Access to these fenced areas will be restricted to authorized visitors and WAGP personnel only. Local populations will not have any access to these areas once WAGP construction begins, and throughout the WAGP operational phase.
No fences will be installed around any other part of the project footprint. The pipeline ROW will not be fenced in, in any WAGP countries. Once the pipeline is buried, the affected land will be leveled except for the provision of a mound directly above the pipeline trench. As such, farmers' access to different parts of their affected plots will not be hindered. 2.6.2 ROW: Pipeline Burial Zone
The pipeline centerline will be located approximately five meters from one edge of the right of way. The land within the pipeline burial zone (i.e., land directly above where the pipeline is buried, and extending to roughly five meters on one side of the centerline and 10 meters on the other side, forming a corridor of approximately 15 meters in width) will not be available for any use by the local population once WAGP construction begins in the vicinity of the pipeline construction spread, except for the affected farmers who must go from one part of their affected plots to the other.
The use of the pipeline burial zone for raising crops or any other purpose (other than transportation on transecting transportation routes) will be precluded within this zone once WAGP construction begins and throughout the WAGP operational phase.
WAPCo will post signs (in French and local languages as appropriate) along the pipeline ROW restricting/limiting access and land use except for those locations identified as public transportation routes.
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2.6.3 ROW: Area not Included in Pipeline Burial Zone
All land within the pipeline ROW will be acquired by WAPCo in accordance with the land acquisition laws on right of way use in each country. Areas within the ROW not occupied by pipeline-access roads or burial zones will also not be made available to the local population for planting and cultivating or for construction use at the end of the construction phase.
Areas within the ROW not occupied by pipeline-access roads or burial zones will be accessible to the local population throughout the WAGP operational phase for such uses as livestock grazing as well as motorcycle and local foot traffic. Affected farmers who use light machinery to cultivate their affected plots will likewise be able to cross the ROW. However, to ensure pipeline and thus population safety, as stated above, no local residents will be permitted to erect structures of any kind within the ROW, including buildings, fences, walls, cisterns, wells, irrigation facilities, etc..
2.6.4 Transportation Routes Transecting the Pipeline ROW
Existing busy roads and highways crossing WAGP pipeline routes will not be significantly affected by WAGP during either construction or operational phases. Construction methods such as thrust/auger boring beneath the roads will be used to eliminate the need to close these roads at any time.
Less busy roads and footpaths crossing the pipeline routes will be temporarily re-rerouted and/or closed during the construction phase but with provisions for alternative access for people or livestock across the ROW to avoid any inconvenience to local residents, farmers, and traders. No adverse livelihood impacts are envisioned as a result of corridor construction along the major and/or the minor roads. The fact that the corridor will impact each road, one at a time, will also ensure minimization of any inconvenience that may arise. Should, however, any contractor fail to comply with WAGP guidelines with regard to this issue, the recourse mechanisms outlined in Chapter 7 of the RAP will ensure contractor compliance and identify any adverse impact on local livelihoods.
Transecting transportation routes that must be temporarily closed/rerouted during WAGP construction, and their closure/rerouting schedules, will be determined once detailed construction plans have been finalized; and local residents will be notified of the closures/rerouting schedules prior to any construction activities. Where transportation routes must be temporarily closed, alternate routes will be identified and marked. No new access roads will be built. However, if difficulties arise in local populations' access to alternative routes for short periods and/or alternatives cease to be technically feasible, temporary paths may be created. Any land acquisition rising from these measures will be subject to the same transparent procedures as those identified in this document.
During the WAGP operational phase, there will be no restrictions on any prior transportation routes that cross the pipeline ROW. All such routes will be fully restored to their previous condition (or improved) by WAPCo at the end of the construction phase and will be fully accessible and open to traditional use.
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2.6.5 WAPCo Maintenance and Patrol Roads Within ROW
WAPCo will develop roads for patrol purposes within the pipeline ROW roughly paralleling the pipeline, along the full length of the ROW. These roads will be maintained in a condition usable for inspection and maintenance of the pipeline system throughout the WAGP operational phase.
Prior uses of land occupied by pipeline roads other than transportation, e.g., raising crops, will be terminated once WAGP construction begins and throughout the WAGP operational phase.
After completion of construction (i.e., during the WAGP operational phase), local residents will be granted access to their properties through use of pipeline roads as transportation routes. Use of the roads will be limited to light traffic. Should any of these involve land acquisition; the procedures outlined in this RAP will be used.
In urban or semi-urban areas, lockable barriers will be erected across all entrances to pipeline roads to prevent heavy use by car and truck traffic. In these areas, pipeline roads will not be accessible to cars and trucks, but will be fully accessible to motorcycle and pedestrian traffic during the WAGP operational phase. Given that most local residents and farmers use pedestrian traffic, no impacts to livelihood are envisioned.
In rural areas, no barriers will be erected at the entrance to pipeline roads; and these roads will be accessible to all light vehicle traffic, including cars, light trucks, or other light agricultural machinery during the WAGP operational phase. The use of heavy vehicles will be discouraged as a safety measure through the posting of signs and periodic patrol.
Once WAPCo takes over the facilities from the contractors, approximately 18 to 24 months after the final investment decision, a surveillance team will be organized to monitor and avoid ROW encroachment. WAPCo operators will enforce the access policy through regular patrol. 2.7 Compensation for Lost Assets
Affected landowners will be fully compensated for the lost land and other assets that may be on the land. The amount of the compensation will include the full replacement cost of the land and assets. All trees will be compensated based on the income stream as well as replacement cost considerations. All standing crops will likewise be compensated. If affected land plots are severed and their use is made difficult, additional compensation will be made. Other issues involving compensation for various types of entitlements are addressed in Chapters 5 and 6.
Compensation will be either cash, based on agreed negotiated rates, calculated taking into account full replacement of the land and income stream, and in full consultation with the directly affected parties (individuals, families and/or communities), or through land-for-land arrangements. Those concerned have been asked what their preferences are and will be compensated accordingly. Given that the land in principle belongs to the state and is assigned to individuals or families, some households may wish to obtain land-for-land especially for plots zoned for residential use. Some, however, may wish to buy land of their choice in the market. For land replacement cases, there will be full consultations and negotiations to determine that the replacement is suitable. Replacement lands in Benin will be identified.
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2.8 Summary of Land Requirements
Land requirements for WAGP in Benin are summarized below.
Table 2.9-1: Land Acquisition Requirements of the Project in Benin
Land Acquisition Requirement Area (ha)
Aboveground, installation-site footprints 3.3
ROW (outside site footprint) 39.2
Total Permanent Requirement 42.5
Staging Areas (outside permanently acquired areas) 0.8
HDD footprint 0.38
Total Temporary Requirement 1.18
Grand Total 43.68
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Chapter 3 Policy and Legislative Framework
3.1 Introduction
The West African Gas Pipeline Project (WAGP) will be designed, built, and operated to comply with the WAPCo International Project Agreement (IPA) and Beninese national legislation and regulatory standards as well as with the relevant international policies and guidelines concerning resettlement, land acquisition, and compensation, as outlined in this chapter.
Also summarized are any gaps in legislation relating to involuntary resettlement and project measures to ensure compliance with World Bank Group resettlement requirements.
In addition to the IPA, the project is subject to the following key national pieces of legislation that will govern land acquisition, resettlement, and compensation activities: the 1990 Constitution of Benin; the decrees relating to public utility implementation (1928, 1930, 1935, 1945, and 1952); Decree No 55-66 (1955) granting facilities for the acquisition of empty buildings; Regulation No 65-25 (1965) on landed property regulation; the A.P. circular (1931) on customary law; the decrees relating to the reorganization and implementation of land property regime (1956 and 1955); and Policy Ordinance No. 773 (1972) pertaining to the reorganization of property districts. The IPA prevails when there may be inconsistencies between the IPA and national legislation, though national legislation will be the overriding factor in determining the basis for compensation. Beyond Beninese legislative and regulatory requirements, the project will be implemented in accordance with the corporate standards of the WAGP sponsors, as well as the policies and guidelines of the World Bank Group.
This chapter outlines the regulatory framework as it refers to the RAP and discusses the following categories of legislation:
* IPA or Host Government Agreement (HGA) * National Legislation * Land Ownership and Property Rights * Power of Eminent Domain * Project Measures to Ensure Compliance with World Bank Group Resettlement Guidelines
3.2 International Project Agreement or Host Government Agreement
The IPA guides many aspects of the WAGP in all four-project countries covering issues pertaining to land and asset acquisition. In Benin, the IPA regime applies in the same manner as in other countries. According to the IPA, permanent land rights that do not involve exclusive possession rights shall be granted by the national states as rights attaching to the pipeline licenses, or otherwise in accordance with the Constitution and laws of each country.
All metering station sites are to be acquired on the basis of exclusive acquisition. If the State of Benin does not own the land, then according to the IPA, WAPCo shall endeavor to obtain
June 2004 Benin Final Draft RAP - Rev. 1 3-1 Chapter 3 exclusive possession rights. It should obtain these rights through negotiation with the owner and occupier of the land. If it is state-owned land, then this requirement would be satisfied by the grant of a statutory occupancy right or the IPA could require the State of Benin to declassify the public domain land so that it becomes private domain and can be sold to WAPCo.
In terms of compensation, the IPA states that the principles and procedures for quantifying the amount of such compensation (together with the procedures for resolving any disputes) shall be those applying under the prevailing laws of Benin to the relevant national states.' Thus, the IPA refers to Beninese national legislation to regulate the entitlements and the compensation determination. The IPA summarized below, contains considerations for developmental action that would allow the livelihoods of the affected populations to improve over the pre-project levels.
The overall framework regarding the granting of land rights by the Government of Benin to WAPCo is contained in Section 21 of the IPA.
3.2.1 Non-Exclusive Rights
Section 21.2 of the IPA grants to WAPCo the permanent land rights that do not involve exclusive possession rights by Benin as rights attaching to the pipeline licenses, or otherwise in accordance with the Constitution and laws of Benin.
3.2.2 Exclusive Rights
Section 21.3 states that the Company shall endeavor to obtain the exclusive possession rights that it needs over land not owned by a national state or state authority. It should do this by engaging in negotiations with the owner and occupier of the land, whether that is a private individual or a public entity. This will be done in accordance with applicable legislation, as the Company will still have to confirm its title over such land with the relevant government agencies.
3.2.3 States to Procure Land Rights
Section 21.4 states that the Company shall notify the WAGP Authority when it has made its "Final Investment Decision" (FID), and at the same time notify the WAGP Authority of all land with respect to which it has not obtained the Exclusive Possession Rights that it needs. Upon receipt of such notice by the WAGP Authority, each state shall ensure, with respect to land within its territory and jurisdiction (including the seabed), that the Company is granted exclusive possession rights to all such land. In other words, under the law, the State of Benin will be granting title to the land acquired for the project. Such exclusive possession rights shall be granted by way of acquisition, transfer, or issue to the Company of the longest form of exclusive title or right of use available under Benin law. Following the provision by Benin of such title to the Company, Benin shall be responsible for settling any claims made with respect to that land, and shall indemnify the Company with respect to any valid claim, by any other person, which is unfavorable to the Company's rights as set out above. While it is ultimately the State of Benin's
"Fair compensation" will not be below the full replacement costs specified by OP 4.12 in accordance with the WAGP policies established for this project.
June 2004 Benin Final Draft RAP - Rev. 1 3-2 Chapter 3 responsibility to provide the corridor to the project, in reality, the project will work closely with the affected households to ensure that they are fully compensated in accordance with international safeguard policies. Similarly, while the Government of Benin ultimately resolves the disputes, the project is responsible for ensuring that they do not arise.
3.2.4 Compensation for Land Not Owned by the State
Section 21.6 of the IPA states that the Company has an obligation to pay to Benin on behalf of owners or occupiers, fair and reasonable compensation for the acquisition of exclusive possession rights, permanent rights of way, or permanent access rights. The principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes) shall be those applying under the prevailing laws of the relevant State. The obligations of the Company under this clause shall be in addition to the obligations of the Comf any to pay compensation for damage or disturbance, in accordance with the prevailing laws .
3.2.5 No Compensation for State-Owned Land
According to Section 21.7 of the Agreement, where the land over which the rights granted is owned by the State of Benin or a state authority, rights shall be granted to the Company without charge, unless a charge for such land is provided for under local law at the execution date, in which case the charge for such land shall be as applicable under that local law at the execution date.
3.2.6 Compensation for Temporary Rights
As for the compensation for temporary right, Section 21.9 of the IPA states that the Company shall pay to any affected legitimate landowners or lawful occupiers of land in accordance with the granting of temporary rights, fair compensation for disturbance or damage caused by the activities of the Company or project contractors on such land The principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes with respect to such compensation) shall be those applying under the prevailing laws of Benin.
3.3 National Legislative Framework
3.3.1 Constitution and the Protection of Individual Property
The Constitution of Benin of December 1 1, 1990 protects property rights through its Article 22 by declaring that all persons are entitled to own property. No one may be deprived of these property rights without a reason relating to the public interest, and the individual receives just, prior compensation.
2 RAP will ensure that Bank Group Policy 4.12 will apply should the prevailing national laws not provide to the affected population full replacement costs for their affected assets. It will also ensure that the compensation provided will restore and improve income generated from the affected assets including the land, trees, and crops.
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Three basic modes of access to real property in Benin are protected by this clause: (1) Original Occupation of Land, (2) Inheritance, and (3) Purchase.
3.3.1.1 Original Occupation of Land
The original occupation of the land is based on an earlier principle that if a person was the first to occupy a piece of land through the use of fire or ax, then that person receives property rights. However, this form of real estate acquisition has disappeared in favor of inheritance, purchase, and gifts.
3.3.1.2 Inheritance
Through this means, a person acquires ownership of an asset following the death of the asset's owner. This method of land acquisition is the one most frequently practiced in the villages. Upon the death of the testator ("de cujus "), land is distributed to the children of the deceased person. Meeting in family council, their relatives in the collateral line distribute the land. In the set of villages involved in the Route des peches ("Fisheries Route"), inheritance still accounts for nearly two-thirds of land acquisition.
3.3.1.3 Purchase
This method of acquiring rights to land is markedly on the increase. The sale method is becoming the dominant, perhaps even exclusive means of acquiring land. When land is purchased, an agreement is drawn up which binds the purchaser and the seller. The purchaser then must register to obtain title to the land purchased.
3.3.2 Laws on the OillGas Sector as They May be Relevant for the WAGP
The Transport Permit issued by the Ministry of Mines, Energy, and Hydraulics of Benin may be used to classify a project as a public utility project, thereby conferring rights over public land, including exclusive and non exclusive rights.
3.3.2.1 Predevelopment and Surveying Rights
According to local counsel, there are no special regulations in Benin for offshore marine surveying activities. 3 Local counsel considers that prior to the issuance of the Transport Permit, surveying activities can be carried out only on the maritime public domain of Benin on the basis of a prior authorization from the Ministry of Mines and Energy. The relevant ministry for this authorization would be the Ministry of Environment.4 WAPCo, therefore, negotiated the issuance of this authorization before commencing its studies. When issued, the Transport Permit authorizes any further occupation of maritime space for the project.
19 3Local counsel opinion, October 2001, p. .
4 Government Counsel Reply to Due Diligence Questions Submitted by Freshfields, Questions Specifiques, April 2002, §2.
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Prior to the issuance of the Transport Permit, surveying activities can be carried out only in the public domain of Benin on the basis of a prior authorization from the Ministry of Mines and Energy after consultation with each of the concerned local authorities.5 The relevant ministry for this authorization is the Ministry of Environment.6 After its issue, the Transport Permit would authorize onshore surveys on public land. WAGP has received these permits.
Prior to issuance of the Transport Permit, WAPCo would not have any authority to enter private land for surveying. It would need to agree to the terms of entry with the private owners. If private owners refuse an acceptable agreement, WAPCo would have to request expropriation procedures. Once issued, the Transport Permit will authorize occupation of private land for the project.
3.3.3 Law on Compensation for Land and Other Assets
Although Benin has no specific laws in on compensation, the Constitution of Benin and several decrees provide bases for a compensation framework. These decrees relate to public utility implementation, land property regulation, the A.P. customary law, and reorganization and implementation of land property. The regime noted above provides the basis for the compensation framework. See Section 3.4 for more information about compensation.
3.3.3.1 Exclusive Title-Private Land
If an agreement cannot be made with private owners on the sale of the land, land may be expropriated by the State for the benefit of an entity such as WAPCo under the issuance of the Transport Permit, with the declarationd'utilite publique.7 Third parties may file claims against the declaration within the public disclosure period. The Constitution requires that a civil court set compensation. Land ownership can only be transferred once landowners receive compensation.
3.3.3.2 Non-Exclusive Title-Private Land
Compensation procedures described above for exclusive land rights also apply to the acquisition and related compensation for non-exclusive rights over private land.
3.3.4 Law of Expropriation or Eminent Domain
The 1990 Constitution of Benin stipulates that the law guarantees ownership rights. An expropriation can be done only by the State for the benefit of an entity such as WAPCo where there is no agreement between the entity and the landowners. A statement of public utility must be issued, and the law requires fair and prior indemnification for this type of expropriation.
20 5 Local counsel opinion, October 2001, p. .
6 Government Counsel Reply to Due Diligence Questions Submitted by Freshfields, Questions Specifques, April 2002, §2.
7D&laration d'utilite publique is a French term that refers to a declaration [of property] for public utility or eminent domain.
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3.3.4.1 Exclusive Title Exclusive rights, in the form of title or lease, may be sought for the purposes of building and maintaining structures. The rules for obtaining exclusive title will vary depending on whether title is sought over private or public land. If an agreement cannot be reached with private owners on the sale of private land, land may be expropriated by the State for the benefit of a project in accordance with the following procedure:
* The Transport Permit, a decree issued by the Council of Ministers, specifically contains the declarationd'utilitepublique. This designates all land allocated to a project according to a project's final development plan. It will be the basis for its expropriation if no agreement can be made with the owners. * A public disclosure period then begins, allowing third parties to file claims against the declaration d 'utilitepublique. * An administrative commission hears all the parties to determine the indemnity to be paid to the expropriated owners. The commission appoints an outside appraiser who will file a report on the fair value of the expropriated land. * If an agreement is not entered into before this commission, the commission's opinion, together with an expert report, is then submitted to a court, which sets the final amount of compensation. The Constitution requires that a civil court set the compensation. * After payment, the court transferring land ownership orders the expropriation. Land ownership can be transferred only when the landowners receive compensation. * The expropriated land must be used for the purpose for which it was expropriated.
3.3.4.2 Non-Exclusive Title of Private Land In Benin, the civil law system recognizes that the holder of an easement has the right to cross land or property owned by a third party and to oppose any construction under or above, or encroachments on, this easement (i.e., the pipeline.) The rules for obtaining easements vary depending on whether title is sought over private land or public land. The expropriation procedures described above for acquiring exclusive land rights to private land also apply to acquiring non-exclusive land rights.8 3.3.5 Laws Governing Acquisition of State -owned Assets, Including Land
3.3.5.1 Exclusive Title The assets of the public domain of State or local authorities cannot be sold, whereas assets of the private domain of the State can be sold. Assets within the public domain are typically assets allocated to a public service or to public use, whereas assets of the private domain are assets acquired by the State through urban pre-emption, tax foreclosures, nationalization, or state- managed businesses. Beaches are classified as public domain. Forests, parks, and rural land belonging to the State are generally classified as private domain (even though, in some instances,
8Article 29 of Petroleum Ordinance.
June 2004 Benin Final Draft RAP - Rev. 1 3-6 Chapter 3 they are open for public use). It is not possible to obtain title over areas classified as public domain, though it is possible to obtain exclusive occupancy rights (i.e., concession d'occupation de domaine public). However, the State can revoke these occupancy rights at any time for reasons of public utility, subject to payment of an indemnity. In addition, occupancy rights, like private leases, are agreements to lease land in return for a periodic rent (and are not generally acquired once-and-for-all for a lump sum payment). Rights granted under the Transport Permit (which classifies a project as a public utility project) may confer to an entity the requisite rights over public land. If an entity requires exclusive rights over portions of the public domain, two solutions are possible:
* The Transport Permit could grant exclusive occupancy rights for the duration of the project over the relevant public domain land. * A host agreement with the State of Benin could declassify the public domain land on which a project is to be built. Once declassified, public domain land becomes private domain land and can be sold to an entity.
If a project requires exclusive rights over private domain land, the Transport Permit may authorize the State to sell or rent the land to an entity.
3.3.5.2 Non-Exclusive Title
It is not possible to obtain easements over public domain land or space. It is, nevertheless. possible to obtain occupancy rights (i.e., concession d'occupation de domaine public). However, the State can revoke these occupancy rights at any time for reasons of public utility.
The Transport Permit, which classifies the project as a public utility project, can confer to an entity the requisite rights over the public land. If a project requires exclusive rights over portions of the public domain, the following solutions are possible:
* A host agreement could require the State of Benin to declassify the public domain land on which the constructions are to be built. Once it is declassified, public domain land become private domain land and an easement can be created. * The Transport Permit could specify that an entity be granted occupancy rights for the duration of the project over the relevant public domain land.
If a project requires exclusive rights over private domain land, the Transport Permit may authorize the State to sell or rent the land to an entity.
3.3.6 Laws Governing Acquisition of Community Properties, Including Water Resources, Irrigation Schemes, and Access Roads
Since 1990, Benin has had no community-owned land. Land used by the collectives is considered privately held under customary practice, and the relevant legislative framework applies in terms of acquisition. However, the pipeline will affect coastal lagoons, swamps, marshes and the seabed.
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3.3.6.1 Coastal Lagoon
Historically, rights over bodies of water depended on the original occupation of riparian (riverbank) lands. To the benefit of migrating people and their descendants, original occupation created durable rights to occupy the riparian lands associated with bodies of water.
3.3.6.2 The Zone of Swamps and Marshes
To appropriate this land, the riparian dwellers' recourse is to install "Houedos," or fish-hole traps. These confer upon their owners a durable right to use the occupied part, a right identified with a durable property right to use the occupied portion. This right is identified as a property right for as long as the occupation is permanent.
3.3.6.3 Seabed
A considerable section of the pipeline will lie along or under the seabed offshore Benin. Pursuant to a 1976 decree, Benin's claim to territorial sea (including the seabed and subsoil) was extended to 200 nautical miles from the low-water mark and, with respect to estuaries, from the first obstacle to maritime navigation as defined by the maritime regulations in force9. No specific ministry is charged with managing the territorial waters or the exclusive economic zones, and no legislation exists on the grant of rights over the seabed or its subsoil. The Transport Permit licensing process can provide a project entity the specific rights to occupy seabed and subsoil. Similarly, any requirements specifically addressing the protection of marine environment (and requirements resulting from the 1981 Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region) may be specified by the Minister of Mines, Energy, and Hydraulics as part of the overall project licensing process.
There has also been some concem about how project surveying, development, and operation will affect fishing rights off the coast of Benin. The State, to comply with its obligations under the IPA, will have to take measures to redefine fishing zones to avoid any disruption of or encroachment on project activities.
3.3.7 Construction Right and ROW Enforcement
There is no specific law on construction rights or ROW enforcement apart from the authorization that will be granted under the Transport Permit.
3.3.8 Laws Pertaining to Resettlement, Relocation
A due diligence assessment has not identified any known law in existence in Benin that pertains to resettlement and relocation.
9 Decree 76-92.
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3.3.9 Appeals Procedures as Specified in National Legislation
As detailed under Section 3.3.3 and 3.3.4, if an agreement cannot be found with private owners regarding title to exclusive and non-exclusive land, land may be expropriated by the State with the declaration d'utilitepublique. Third parties may file claims against the declaration within the public disclosure period; an administrative commission then hears from all the parties to determine the indemnity to be paid to the expropriated owners. The commission appoints an outside appraiser who files a report on the fair value of the expropriated land. If an agreement is not entered into before this commission, the commission's opinion, together with an expert report is then submitted to a court, which sets the final amount of compensation.
3.3.10 Laws Regarding Protection of Cultural Assets
A due diligence assessment indicated that no laws in Benin deal with matters of protection of cultural assets. Therefore, to comply with World Bank Group policies in this regard, the Project ensured that the pipeline routes would avoid areas of cultural assets. The project was re-routed to avoid cultural assets like burial sites during the survey activities near Hio Houta. There is also ongoing consideration for re-routing where necessary to avoid affecting areas and sites of cultural value.
3.4 Project Measures to Ensure Compliance with World Bank Group Resettlement Requirements
In Benin, WAGP RAP activities will be aligned with the World Bank Group OP 4.12 on Involuntary Resettlement as the most effective and sustainable means of restoring the livelihoods of people affected by project implementation. Where there are gaps between the Beninese legislative norms and regulations with regard to compensation for land, the OP 4.12 will apply. In this regard, the OP 4.12 requires that resettlement compensation and assistance apply to all displaced persons regardless of the total number affected, the severity of impact and whether or not they have legal title to the land. In particular, the OP 4.12 defines the compensation that must be made to the following three categories of affected population:
* Those with formal rights to land, including customary and traditional rights recognized under local laws * Those with no formal rights to land at the time the census begins, but have a claim to such lands or assets. and * Those with no recognizable legal right or claim on land they are occupying.
OP 4.12 aims to ensure that the following key principles are in place:
* The affected people are offered choices, including alternative resettlement options that are technically and economically feasible to them and culturally appropriate. * Preferences are given to land-based resettlement strategies for the displaced people whose livelihoods are land-based and indigenous. Such strategies must be compatible with their cultural preferences and prepared in consultation with them.
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* When the impacts require physical relocation, the resettlement measures must include provision of assistance during relocation (moving allowance), residential housing or housing sites, agricultural sites, if necessary, that are at least equivalent to the old site in terms of productive potential and location advantages. * Resettlement must include measures to ensure that affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living. * The affected people should also be provided development assistance that includes land preparation, credit facilities, training, or job opportunities. * Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, children, the elderly, ethnic minorities, and indigenous people as well as those displaced persons who may not be protected through national land compensation. * In host communities, infrastructure and public services must be provided to improve, restore, or maintain accessibility and levels of services to the displaced people and the host community. * In host communities, patterns of community organization must be restored appropriate to the new circumstances and based on choices made by the displaced persons. * Compensation must be made in cash or in-kind depending on the preferences of the affected people, and cash compensation should be made promptly in a single payment and must cover full replacement cost for the lost assets.
Cash compensation for lost assets may be appropriate under the following circumstances:
* Where the livelihoods are land based, but the land acquired by the project is a small fraction of the affected asset and the residual is economically viable * Where there is a sufficient supply of land, housing, and labor that can be used by the displaced persons, and * Where the livelihoods are not land based
With regard to public consultation and disclosure, the OP 4.12 requires the following:
* The affected people must be identified and informed about their options and rights with regard to resettlement and be given the opportunity to participate in planning, implementing, and monitoring resettlement activities. * The census of the affected population and broad consultations in the affected communities must be undertaken to not only identify those to be affected, but also to discourage inflow of people ineligible for assistance. * Participants of the consultations must include community leaders, NGOs, and CBOs, and other interest groups active in the project area.
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In addition to the OP 4.12 requirements regarding the public consultation process as a part of the resettlement activities, the WAGP in Benin will follow the IFC guidelines in "Doing Better Business Through Effective Public Consultation and Disclosure: A Good Practice Manual" (1998). These guidelines ensure the following:
* The process of public consultation must involve all stakeholders and affected populations in the identification, valuation, expropriation, and/or dispute resolution. * The consultation process must become highly participatory, as it would be accessible to all affected parties at all levels, allowing stakeholders to engage in the very process of resettlement.
Although the local legislation, including those regulating investments in the oil and gas sector, does not require the application of measures similar to those required by the OP 4.12 to acquire land, WAPCo has fulfilled the requirements of the Involuntary Resettlement Policy as follows:
* A census of all affected owners and users of the affected households has been prepared. * Extensive consultations with these households and their representatives have been carried out over a two-year period. * Socioeconomic surveys designed for the project Environmental and Social Impact Assessment have included subsets of households directly impacted. * All households have been offered land-for-land, home-for-home arrangements but have opted for cash compensation, and verification of people's preferences for cash has been sought, including a Letter of Intent, drafted in May 2004. * Every effort has been made to adjust existing compensation rates for inflation as a basis for willing-seller/willing-buyer price negotiations to purchase affected assets. * All land within the ROW will be made available to the people for purposes other than cultivation and construction so that access to markets, jobs, and different parts of the farms will not be hindered. * The measures illustrated above are not imbedded in the local laws and regulations. They are also not required to purchase land from willing sellers. Rather, these measures are specially formulated for WAGP to close gaps between international norms and local standards. These are discussed more fully in Chapters 5, 6, 7, and 8.
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Chapter 4
Chapter 4 Overview of Project-Affected Communities
4.1 Introduction
Three sources of primary data were drawn upon to prepare the description of the existing socioeconomic characteristics of the project-affected population in Benin, including demographics, health, employment, incomes, and education as well as access to infrastructure and sources of energy. The primary data included the following:
* Household and community surveys conducted in support of the project's Environmental and Social Impact Assessment (ESIA, 2003) * Information from public consultations * Benin Estate Survey and Valuation Assessment (2003)
Secondary sources relied on local socioeconomic literature, as well as country reports of the World Bank, the United Nations, and the Central Intelligence Agency (CIA) World Factbook.
The ESIA household and community surveys included 13 communities in the proximity of and on the proposed pipeline route. The affected areas include the following territories: the high- pressure onshore pipeline route south of the Cotonou R&M station, the area of the Cotonou R&M station, and the low-pressure link line north of the Cotonou R&M station to the Maria Gleta proposed power generating facility of the CEB. Households surveyed included project- affected people as well as non-affected people living in adjacent communities. Administratively, the 13 surveyed communities belong to two communes-Abomey-Calavi and Quidah-located in the Atlantique Department of Benin.' In terms of their socioeconomic characteristics, these communities are divided into three categories: rural fishing communities, rural non-fishing communities, and urban/semi-urban communities (Table 4. 1-1).
Nonetheless, even though the survey sample included those who could be affected by the project activities, it did not have a special focus on the affected people, and could only provide basic information on potential project impacts. In addition, the sample included only four of the seven affected communities identified in the Estate Survey. Therefore, to facilitate the socioeconomic analysis of the affected people and potential project impacts, the available ESIA household and community survey sample was divided into three distinct sub-samples:
* Directly Affected People: Those who live in affected communities and will be directly affected by the project activities through loss of land plots
' In Benin, there are 12 provinces (the largest administrative units) that are referred as "departments" (in French). Departments are divided into communes that are further divided into "arrondisements" (districts) in rural areas are comprised of villages or communities. In urban and semi-urban areas the smallest territorial units are neighborhoods (ville).
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Table 4.1-1: List of Surveyed Communities 2 Community Type Community Name Commune WAGP-Affected Rural Fishing Hio-Houta Quidah Affected Hio Houegbo Quidah Rural Non-fishing Awake Abomey-Calavi Affected Heloutoto Abomey-Calavi Sodo Abomey-Calavi Affected Vinawa Quidah Zoketomey Abomey-Calavi Urban/Semi-urban Agbogboville Abomey-Calavi Akouehonou Quidah Affected Gankon Abomey-Calavi Gbodje Abomey-Calavi Maria Gleta Abomey-Calavi Womey Sodo Abomey-Calavi Source: ESIA Community Survey 2003.3
* Indirectly Affected People: Those who live in affected communities, do not lose land to the project, but live in close proximity (less than 100 meters) to the proposed pipeline route and R&M station * Non-affected People: Those who do not live in the affected communities and do not lose any land to the project4
The survey sample includes 401 households, of which 126 are categorized as "directly affected" followed by 94 "indirectly affected" and 181 "non-affected." Although there are seven directly impacted communities in the Estate Survey database, only four were included in the ESIA data. Among the four "directly affected" communities included in the ESIA surveys, two are rural non-fishing communities, one is a rural fishing community, and the other is an urban/semi-urban community.
The Benin Estate Survey and Valuation Assessment, conducted by WAPCo contractors in the late summer and fall of 2003, was focused specifically on the "directly affected people", as defined above. This survey collected detailed information including a comprehensive list of the names of landowners or tenants, specification and size of each directly affected person's land that is within the project footprint, land use, and a list of other fixed assets within the project footprint owned by directly affected people. A cutoff date was established and announced to the
2 Administrative district. in 3 Note that the villages of Akadjame, Cococodji, and Adjahedji were identified as "affected" communities the Estate Survey. However, they were not included in the ESIA sample surveys.
4 Typically, for the purposes of a RAP, the "non-affected population" serves a "control group" used to assess impacts.
June 2004 Benin Final Draft RAP - Rev. 1 4-2 Chapter 4 public at the time of the Estate Survey, such that the list of names included in the Estate Survey represents a comprehensive list of directly affected people at the time of the established cutoff date. This list of names has been made public at subsequent public hearings. The list of directly affected people, with appropriate socioeconomic profile data, will be made available and, if needed, will be published in appropriate public areas after FID is taken. 4.2 General Findings - Socioeconomic Data
The findings of the socioeconomic data specific to the project area reveal that the project impacts are highest in the rural areas and on the agricultural land. Household incomes increase in direct proportion to the amount of land held by families. On average, the affected families lose only 1.8 percent of their land holdings in most communities. It is expected that when compensated, landowners would be able to restore the lost incomes by either replacing the land and/or increasing agriculture on their remaining land holdings. Thus, the higher the amount of land lost by households, the higher the adverse impacts. It is, therefore, of great importance to devote attention to the valuation of land, trees, and other crops so that lost assets are replaced and incomes are restored. Indeed, this has been done in the context of the Estate Survey and Valuation Assessment.
The overall analysis of data relevant for the purposes of the RAP can be summarized as follows:
* A large proportion of the directly affected households are rural, and the majority of them have been living in the same community since birth. Due to the fact that most affected households appear to be well grounded in their communities, they are likely to remain in their original communities even after losing their assets. This may also suggest that these households would be less likely to be willing to relocate into another community.
* There is no significant difference between the directly affected households and other community members in terms of ethnic origin. The procedures for land acquisition will apply across all ethnic groups without any differences attributed to ethnic or tribal affiliation. * Data shows that women lose less land than the men. This may be due to women owning smaller amounts of land. Male landowners, on average, lose twice as much land as female landowners. In addition, women do not lose more land than proportionate to their entire land holdings and thus are less likely to become vulnerable to the project impacts. * Among all surveyed communities, the rural fishing households tend to have a higher proportion of single men who are also migrants. The combination of these demographic markers may suggest that these communities are more transient. * The proposed pipeline route has identified a number of residential structures, buildings, and storage places; and collected information with regard to ownership and construction status of the structures. Most residents in directly affected areas own their houses. * Agriculture is the most important income-generating activity in all households who consider themselves and especially among the directly affected households. Both in terms of subsistence and commercial farming, the level of reliance on agriculture among the directly affected families is significantly higher than that among the "non-affected" households.
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Therefore, adequate compensation for the affected people for the loss of land and land-based assets is important. * Livestock management is somewhat more widespread among the "directly affected" households, and a significant portion of households keeps poultry and sheep. * Most households across all communities have between two and three wage earners. Among the "directly affected households," the number of people who rely on one or two incomes is significantly higher than that among the "indirectly affected" households, highlighting the greater vulnerability of the former to land acquisition. * Households in the surveyed communities view the project in a positive light, mainly due to the expected employment impact as well as other post-construction benefits. However, many people raised their concerns about the transparency of the process, and potential adverse post-construction developments.
4.3 Survey Instruments 4.3.1 Key Findings of the ESIA Household Survey
The ESIA household survey was carried out in June 2003 in 13 communities on and adjacent to the project footprint presented in Table 4.1.1. Approximately 5,500 people or between 1,000 and 1,500 households live in the project area. A statistically representative sample of 426 households was drawn for the purpose of the study.5 In each of the 13 villages, at least 20 households were surveyed. They included the three above-mentioned categories of the project population.
The key objective of the household survey was to gather information on living standards in households within all 13 communities. The household survey aimed at collecting data on the following topics:
* Household description * Sources and levels of household income * Spending patterns * Existing economic activities * Access to healthcare facilities and their utilization * Access to education and education levels * Energy needs and fuel usage
While the survey results were initially used to support the ESIA, they provided data sufficient for this RAP to identify appropriate mitigation measures for the loss of land and other assets.6
5 Although the ESIA household survey collected data on 426 households, information relevant to the RAP has been drawn from a slightly smaller sample of 401.
6 The team working on the RAP report did not participate in fieldwork. WAGP provided the information needed for the RAP.
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4.3.2 ESIA Community Survey
Within the ESIA scope of work, in addition to the household survey, a series of qualitative community surveys among various members of the same affected communities was conducted in June 2003. The groups generally consisted of between 10 and 20 people, covering a wide range of occupations and educational levels. Groups were usually mixed in terms of gender, though social norms sometimes required otherwise. During those cases, the survey team determined it best to collect information by separating the groups along gender lines.
In contrast to the household survey, which focused on household-level data, the community surveys had a broader scope of inquiry and gathered key information about community needs and concerns, including matters related to infrastructure, social, and economic conditions. The questions in the community survey covered the following areas:
* Community infrastructure, including markets, transportation, communications, education, and health care facilities * Social and cultural institutions * Gender * Economic and social trends, and * Input on possible mitigation measures
The findings of the analysis are presented throughout this chapter.7
4.3.3 Public Consultations
WAGP conducted several formal stakeholder consultations in Benin during which stakeholders were given a forum for their input on ESIA as well as RAP issues including land acquisition. Land acquisition and compensation was one of the primary issues addressed in one-third of all individual and group consultations. Details of public consultations are presented in Chapter 7 of the RAP.
4.3.4 Estate Survey and Valuation Assessment
In Benin, WAGP sponsored an independent estate survey in the project area focusing specifically on communities whose lands would be acquired or/and livelihoods affected by the project. The assessment was launched in accordance with the Beninoise laws and regulations applicable to land acquisition and compensation (as described in Chapter 3). A detailed estate survey report determined exact land demarcations and access to land and identified ownership, status of land, and other assets to be acquired for the project.
7 Figures in this chapter are rounded to the nearest I 0th. As a result, some tables may not total 100 percent.
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4.4 General Description of Project-Affected Communities
As described in Chapter 2, the proposed pipeline will have an R&M station delivery point at west of Cotonou and will extend south of the railway line and the Lome road 5 kilometers (km) from the station to Hio Houta at the coast. This is the high-pressure onshore lateral portion of the onshore pipeline development. A low-pressure link line will be installed north of the R&M Station. This link line will extend approximately 9.5km, terminating in the community of Maria Gleta.
The proposed route, including both the high-pressure lateral and low-pressure link lines, will cross coconut plantations, cultivated palm tree stands, cashew nut farms, tomato farms, cornfields, cassava fields, many roads, a set of railroad tracks, footpaths, and private lands as well as sections of swampland and fishponds. The shoreline crossing in Benin is located west of Cotonou, near Hio Houegbo. This area is close to several villages and within a few kilometers of significant tourist activities and infrastructure including hotels, guesthouses, restaurants, picnic areas, and art displays along the beach. (Figure 4.4-1)
Figure 4.4-1: Beach Crossing Point Togbindenou _ Abkot2A 1 Adounkol1 To;bn3>
Most rural fishing and non-fishing communities along the pipeline lack basic infrastructure such as electricity and piped water. Dwellings generally encompass those constructed of bamboo and palm branches covered with thatched roof or mud and/or cement bricks covered with corrugated aluminum or 'zinc roof.' The economy of the rural non-fishing villages is typically based on trade and commerce. In the rural fishing villages, where the main economic activity is fishing, both men and women are involved in this activity. However, most of those fishing are men. Typically, women who participate in fishing assist in pulling the fishnets from shore or in drying fish sold in the neighboring markets.
Households in the urban/semi-urban communities have better access to electricity and piped water. The economy consists mainly of trade, various cottage industries, and service industries, including mechanics, hair braiding, and tailoring. Due to the relatively close proximity of the urban/semi-urban areas to the country's major university (Abomey-Calavi campus), as well as to a major research institution (International Institute of Tropical Agriculture), some residents of these communities are well educated and have middle-to-upperclass incomes. Many of these individuals commute to Cotonou for work.
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4.4.1 Population
There are 150,000 people in the Abomey-Calavi commune and 75,000 people in Quidah. All communities along the proposed pipeline route, especially those along the link line portion, are growing, mainly due to the rapid urban development stimulated by Cotonou. An estimated 5,500 people live in the surveyed communities, including 795 residing along and around the first 1.6km of the pipeline, 568 near the section 1.6km to 3.2km from the beach, and 910 along the section stretching 3.2km from the beach to the R&M station site. The remaining 3,227 residents in the surveyed communities live along the northern 9.5km link line portion of the pipeline between the R&M station site and Maria Gleta. Approximately 1,000 to 1,500 buildings, including homes, lie within the surveyed communities. 4.4.2 Demographics
The surveyed communities have a relatively young population (28 percent are younger than 10 years old). The majority (90 percent) of the household heads are married, with few widowed (5 percent) and single (4 percent), and even fewer divorced (1 percent). The prevalence of married households is highest in directly affected households (96 percent) and relatively low in non- affected households (84 percent). In the rural fishing areas, about 25 percent of the population is younger than 10 years old, and 49 percent are between 10 and 39 years. The populations of the rural non-fishing and the semi- urban parts of the project area are even younger. In the rural non-fishing areas, 31 percent are younger than 10 years old; and in the semi-urban areas, 27 percent are younger than 10 years old.
There is a somewhat higher incidence of non-migrants among the directly affected households. This leads to the conclusion that households in directly affected areas are well established and may not prefer resettlement (Figure 4.4-2). Figure 4.4-2: Migratory Status
/ | z~~~~~F-Migrant
- /~~~~I Oo n |N on-m igrants
80
0~~~~~*4
Source: ESIA Household Survey, 2003.
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Males constitute a slight majority among the members of non-affected households. The higher labor and employment opportunities associated with fishing and urban/semi-urban areas could be a factor in the higher representation of males in these communities. Although most households are native to their respective communities, no "indigenous" people, as defined by the World Bank, inhabit the pipeline route.
4.4.3 Ethnic Groups
The population in the Atlantique Department is socially, culturally, and linguistically distinct from that in other parts of the country. The population in the proposed project zone consists of Toffin, Fon, Yoruba, Gun, Ouatchi, Xla, Popo, Mina/Ewe, and Pedah sociocultural groups. Although no single ethnic group dominates nationally, the dominant ethnic group in all communities in and around the proposed ROW is the Fon group (Table 4.4-3). Non-Beninoise residents or migrants (mainly fishermen of Ghanaian origin and Nigerian businessman) represent a small portion of the population in this part of southern Benin. The major languages spoken in the survey communities are Fon and then Adja/Mina. The following table (Table 4.4-1) presents the ethnic composition of the communities surveyed in terms of household and native language. The directly affected communities and non-affected communities display similar ethnic compositions. Table 4.4-1: Ethnic Composition
Percent of Community Community Type Adja/ Fon/Goun/ Yoruba/ Other Mina Bariba Dendi Oueme Nagot/Holi Directly Affected People 9.6 0.2 8.4 74.3 3.2 4.9 Indirectly Affected 16.2 0.3 6.3 62.6 2.8 11.4 People Non-affected People 15.9 0.4 0.4 68.1 2.5 3.4 Overall 14.0 0.3 8.4 68.8 2.8 5.8 Source: ESIA Household Survey, 2003.
4.4.4 Household Structure and Size
Communities range in size from those that include as few as six households to the ones composed of more than 200. Although men are typically the heads of the household, female- headed households make up nearly 42 percent of all surveyed. The average size in all surveyed households is approximately 4.9. Non-affected communities have slightly lower average household size compared to that in directly affected communities. Households often include both immediate and extended family members and, in many cases, house servants known as "Vidomegons." 8
8 Vidomegons are generally responsible for all household chores, including caring for the children in the households, generally work long hours and receive little to no pay. Vidomegons are considered one of the socially vulnerable groups (LARES, 2002).
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4.4.5 Community Leadership and Governance
Communes have legal status and financial autonomy. Each commune has an elected council, which in turn elects the mayor who is the chief executive officer exercising the powers of local government. Arrondissements, the sub-divisions of departments are headed by an assistant mayor, the "Chef d'Arrondissement," appointed by a communal council from the elected councilors of that arrondissement.
Communities or villages in rural areas and villes (towns) in urban areas have councils with advisory powers, which are headed by a chief, called the "Chef de Village" (Chief of Village) in villages and "Maire de Ville" ("Mayor of Town") in towns. These chiefs are responsible for administration of the villages/neighborhoods and thus oversee those affairs of residents within their villages/neighborhoods, which come within the mandate of the communal council. The chiefs also hold judicial and security responsibilities within the villages. Arrondissement chiefs may manage funds received from the communal council.
The council is funded by income from the tax structure established by law or from specific taxes set up by the local commune according to local government laws. In Benin, communes theoretically benefit from taxes on the value of land and built property, although this system is functional only in the larger urban areas. These funds have been used for building primary health care, kindergarten, and primary education facilities as well as social and cultural centers, providing water, car parks, and boat piers as well as building and repairing local roads, drainage works, parks, markets, and abattoirs (slaughter houses). The mayor is allowed to delegate the management of some of the commune's income to the local chiefs of the villages/neighborhoods for funding activities within the mandate of the local authorities.9
Some confusion exists regarding representation at both the arrondissement and village/neighborhood levels. For example, the laws on the election of the advisory councils for both levels do not yet exist. However, the election of village/neighborhood councils on a quota basis to ensure representation of younger people, women, etc. was abolished in 1990; and new elections were held. These heads and councils still exist, although many are no longer functional. Another area of confusion is that many elected chiefs are in fact members of the families who are the customary landholders in the village, or wealthier farmers or traders. Although the chiefs are responsible for all residents of their village, some villages include newcomers who are not a part of the traditional structure that the chief represents. In some cases, the newcomers do not participate in the community meetings set up by the chiefs and have organized their own form of governance, usually in the form of homeowner associations.
For example, in Akajamey, on the lateral pipeline route, the chief's sphere of influence includes both long-term residents (mostly descendants of the same family) and lands that were subdivided and sold to people moving away from Cotonou. The new residents are distinguished from the older residents because they are homeowners, not landowners. They tend to own individual plots of land (often 20m by 25m). The newcomers in Akajamey have organized a homeowners'
9This information is particularly pertinent to design and implementation.
June 2004 Benin Final Draft RAP - Rev. 1 4-9 Chapter 4 association to defend their rights within their new homes since they do not feel fully represented by the chief.
Considerable tension has emerged within this particular community related to the proposed pipeline. As the administrative head of the village, the Chief of Akajamey has been in greater contact with WAPCo and others representing the pipeline. When visitors from WAGP come to discuss the pipeline, the chief receives them. However, the newcomers live much closer to the ROW than the rest of the village (the ROW passes through some of their lands), and the newcomers do not feel that the chief represents them or communicates information regarding WAGP to them fully. The newcomers have, therefore, organized within their homeowners' group a separate entity for dealing directly with WAPCo on matters regarding the proposed pipeline.
The problem of representation has also been raised in Akouehonou, a community on the link line, where the Tchadean-European alliance and its allies are challenging the chief's authority to enter into agreements in their names. And, in Zokotomey, also on the link line, there are indications of similar representation issues. To address the issues of representation, the affected people were consulted individually, and all compensation will be paid to them directly.
4.4.6 Historical and Cultural Resources
There are no known religious and/or ancestral sites within or near the WAGP footprint.
4.4.7 Access to Infrastructure and Social Services
Most affected rural areas lack basic infrastructure including electricity or piped water and adequate roads to access markets as well as adequate social services such as health centers, schools, and public transportation. However, urban /semi-urban indirectly affected areas fare better in their access to electricity and piped water.
The only major community social service facilities are located within a 200m distance of the proposed pipeline route and include a school at Akadjamey (not included in the ESIA household survey), a church at Vinawa Adjovicodji, and a recreational facility, church, and school at Hio Houta on the coast (WAGP Population Density Survey, 2003).
4.4.7.1 Transportation
Public transport and canoes are two modes of transportation frequently used. Canoes are used in the localities that are surrounded by water. Public transport via motorcycle-taxis (zemidjan) is common. Private transportation (car) and walking are uncommon because most residents consider motorcycles and canoes to be more practical.
The pipeline will cross the shoreline at a beach near Hio Houta and will cross the coastal road. This road is very important for residents since it is the only direct route into Cotonou. Community residents at points further west who do not have access to the highway have to rely on crossing the lagoon in small canoes to reach other roads, which they can use to reach Cotonou.
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With the exception of the localities along the Lomd Road highway, very few roads are adequate and accessible all year-round in the Atlantique Department, particularly in rural areas. This is true of the survey communities. The proposed link line route crosses the Cotonou-Lom6 highway, a major thoroughfare linking the three countries. The highway is located just north of a railroad that also crosses the proposed link line route and north of the proposed R&M station. To access the highway, members of the coastal villages must take a boat across the lagoon and sometimes other waterways to the villages further inland (north), and the highway.
Residents in the survey zone regularly cross the proposed high-pressure lateral and link line to conduct daily activities. People in Akadjamey, Vinawa, Sodo, and Maria Gleta travel across the proposed pipeline route to reach various locations, including jobs, markets (such as the large ones in Cococodji and Pahou), schools, relatives, and friends.
The project will not hinder people's access to existing transportation. HDD technology at the coastal road and thrust boring across the Lomd highway will be used to prevent disturbance to traffic. Other existing pathways will be disturbed only for very short times as pipeline construction moves through the area, with detours provided during pathway crossings.
4.4.7.2 Telecommunications
Very few people in Benin have access to telephones, and the country's tele-density of less than one per 100 people is among the lowest in the world (World Bank/MIGA, 2002). According to the survey, most rural fishing communities do not have access to public or private phone lines. This may be due to inadequate telecommunications infrastructure in these areas. In contrast, most residents in rural non-fishing and urban/semi-urban communities have access to phones in public areas. The very high level of private-line access in rural non-fishing areas may be attributed to the presence of wealthier residents (either landowners or newcomers) who can afford this amenity.' 0
Directly and indirectly affected households have relatively higher access to private and public phones compared to households not affected by the project.
4.4.7.3 Housing and Other Building Structures
Approximately 1,000 to 1,500 buildings, including houses, lie within the socioeconomic survey zone of the proposed pipeline route (approximately 200m on either side of the ROW). The additional buildings and houses beyond the zone are more isolated and scattered on farmlands and family lands. Twenty-six houses or structures lie within the actual ROW for the lateral and link line.
10 It should be noted that the survey did not differentiate between private and cell-phone access. Cell phones are now ubiquitous in Benin. In rural areas, due to lack of private phone access, it is common to find residents using both public and cell phones.
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4.4.7.4 Community Amenities, Facilities, and Social Services
Markets are one of the most important venues for activity and interaction in many survey communities. In addition to trading and commerce purposes, markets provide an important venue for social exchange, particularly among women (LARES, 2002). None of the surveyed communities have community centers, town halls, or entertainment halls. In general, community facilities are rare across all community types whether they are directly or indirectly impacted by project's land acquisition activities.
4.4.7.5 Educational Facilities
This southern region of Benin averages less than one school per village. Classrooms are in poor condition and lack basic facilities. In all communities in the Atlantique Department, more than half the children attending school travel more than lkm, while an estimated 44 percent travel less than lkm. The portion of students traveling less than lkm to attend school is highest in the rural fishing communities and lowest in the rural non-fishing communities.
The proposed pipeline and link line routes will intersect the route taken by a significant number of residents traveling between home and school. Forty-two percent of the school-attending children in the survey communities cross the proposed pipeline and link line ROW on their way to school. However, as described above, the project will not significantly affect pedestrian traffic.
4.4.7.6 Land and Water Use
Land uses in the surveyed communities along the proposed pipeline ROW include swamps and lagoons used for fishing and agricultural land used for tomato farming and other subsistence agriculture as well as land used for coconut plantations and sand winning activities. The survey reveals that 45 percent of the households in the survey zone can use the land directly adjacent to their dwellings for farming or grazing, and 21 percent of the households can use the water directly adjacent to their dwellings for fishing. Agricultural activity is the major occupation of households living in affected communities and the most important economic activity for the directly affected households. The level of agricultural activity in directly affected households is significantly higher than that in indirectly affected households, in terms of both subsistence farming and commercial farming (Figure 4.4-3). 4.4.7.7 Energy Consumption
Households in the communities surveyed primarily use the most inexpensive combination of the following principal energy sources for their domestic needs: fuel wood, petroleum products, and electricity. Among these, the most accessible, used, and reliable source of energy across all community types is fuel wood, primarily used for cooking. An estimated 61 percent of the households use fuel wood for their household needs: roughly 80 percent in the rural fishing communities, 66 percent in the non-fishing communities, and 44 percent in the urban/semi-urban communities. Approximately 46 percent of the households in the survey communities cross the
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Figure 4.4-3: Land-use Patterns in Surveyed Communities
[ISubsistence Farming
70* Come rcial Fannming Source:ES- A Ho d S , 2 .Small Business o Otherp Uses
Elecriciy ithemostimpretlyantfe Hoseondarsnrysuc Iin urbcyAffsemi-rba areaufohligtin butpisegeneralyineoute avai olalecthifulwo:6peensurveyihin in the woecommunities,a
Table 4.4-2: Distribution of Energy Sources by Domestic Use inSurveyed Communities Source Cooking Lighting Cooling Petroleum products (kerosene) 49 56 22 Freely collected firewood 35 Purchased firewood 17 12 Electricity 26 55 85 LPG 26 12 Charcoal 14 12 _____ Source: ESIA Household and Community Surveys, 2003. Note: Uses and sources are not mutually exclusive; households use multiple sources of energy.
The survey shows that directly affected households rely more heavily on commercial sources of energy than indirectly affected households. Forty percent and 59 percent of the directly affected households use electricity for cooking and lighting, respectively, whereas these ratios are 29 percent and 52 percent in non-affected households.
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4.5 Micro-economic Situation
Most people in the affected communities derive their living and household income from farming, especially tomato farming, trading and commerce, cottage industries, and other vocational trades. A sizable part of the population in the urban/semi-urban affected areas is also employed in the formal economy. Agriculture and commerce occupations combined provide most income for most people in directly affected households.
4.5.1 Labor Force and Patterns of Work
Approximately 83 percent of the population aged 14 and older in the surveyed communities is currently working or economically active. Of those who are working, crop farming is the dominant occupation in the survey area, followed by trading/commerce, and professional services. These three activities jointly account for more than half the occupational types undertaken by the working population. The percentage of individuals engaged in agricultural activities is significantly higher than that from households unaffected by the project. (Figure 4.5-1) Therefore, households directly affected by the project are more dependent on agriculture.
Figure 4.5-1: Employment in the Surveyed Communities (ages 14 and over)
Agriculture
Industr O Indirectly Affected Households
* Directly Affected Households
Other
0 10 20 30 40 50 60 70 80 Percent of Household Members
Note: This figure represents individual household members. Source: ESIA Household Survey, 2003.
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The rural fishing communities have the highest number of individuals aged 14 and older (88 percent) engaged in labor, compared to the 84 percent in the urban/semi-urban communities and 80 percent in the rural non-fishing communities. Work in many parts of the Atlantique Department, especially rural areas, tends to be informal employment or self-employment. Community members are concerned about job scarcity and lack of opportunities for the young once they finish school or training.
Compared to others, members of directly affected households are more likely to be employed in agriculture and services (Figure 4.5-2). Among the members of directly affected households, self-employment is the largest single employment category (79 percent), with the private sector accounting for the second largest source of employment (14 percent).
Figure 4.5-2: Work Patterns in the Affected Communities (ages 14 and over)
80JFP 70 F'l~~~~~~~~~~ESelf * Private :60- E19 Public U Other 50-' * Military
4* 40-''
30-'
20-"
04AL Non-affected Households Directly Affected Households
This table represents the individuals in each group, not the households. Source: ESIA Household Surveys, 2003.
4.5.1.1 Agriculture and Fishing
Agriculture and fishing are important activities in the rural communities in and around the proposed pipeline ROW and portions of the link line.
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4.5.1.1.1 Crop Farming
A variety of crops is grown in the project area, and the major crops vary across community types as indicated in the following table (Table 4.5-1). This finding reflects a national trend in the agriculture sector, where a mix of crops forms the nation's agricultural base. In 2001, the major crops and products in Benin (in decreasing order of importance) were cotton, corn, cassava (tapioca), yams, beans, palm oil, peanuts, and livestock. Cotton, palm products, and cocoa are the country's major cash crops, accounting for three of the four most important export commodities.
Compared to other groups, directly affected households allocate more of their land to industrial crops such as cotton and cocoa, than to subsistence crops such as cassava (Table 4.5-1). However, this table illustrates all the crops grown by the households on their entire landholdings. Expectedly, the distribution of crops grown on the affected plots is different than the pattern reflected on an entire farm. Thus, the pattern reflected in Table 4.5-1 that characterizes the entire farm differs from the picture that emerges from the crop pattern analyses of affected plots (Table 4.7-1)".
Table 4.5-1: Major Crops Raised by Households Directly Indirectly Not Affected Affected Affected Households Households (%) Households (%) (percent) Beans 13.8 18.2 11.0 Cassava 15.1 12.3 17.7 Cocoa 13.5 9.2 11.5 Cocoyam 0.8 0.4 0.9 Cotton 27 20 23 Groundnuts 15.1 18.2 12.4 Maize 36.7 41.6 33.8 Palm Oil 7.5 6.5 7.9 Plantain 10.7 14.6 6.1 Sweet1926 . Potatoes 1.9 2.6 1.1 Yams 1.2 0.9 1.6 Other 12.6 12.8 14.4 Bare land N/A N/A N/A Source: ESIA Household Survey, 2003.
" Also note that the information on overall crop composition comes from the ESIA survey whereas the information on affected plots comes from the asset inventory prepared by the Estate Surveyors for each segment of the affected plots.
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4.5.1.1.2 Livestock Management
The small amount of livestock agriculture in the survey communities consists mainly of sheep, goat, chicken, and pig rearing. Animals are typically raised right at home, though households that can afford increased land areas can raise more and larger livestock. In general, animals are raised primarily for commercial purposes and, to a lesser extent, for subsistence.
The directly affected households own more livestock on average than unaffected households. They also own significantly more cattle (Table 4.5-2).
Table 4.5-2: Livestock Ownership Non-affected Households (%) Directly Affected Households (%) Percent with Average number Percent with Average number livestock owned livestock owned Cattle 8 18 15 44 Chicken/poultry 78 25 64 27 Ducks 17 15 12 6 Goats 46 12 54 13 Pigs 19 12 24 15 Rabbits 5 4 7 6 Sheep 12 12 18 20 Others 3 6 2 13
Source: ESIA Household Survey, 2003.
4.5.1.1.3 Fishing
Fishing is most common among the Gun, Xla, Popo, and Mina groups, which are located directly along the coast. In the rural fishing communities of southern Benin, men principally do the fishing. Fishing tends to be small-scale and within a distance of 3km to 5km from the coastline, using trawlers. After the catch, fish are transported in large nets pulled onto shore by lines of men and women. Trawling is the most preferred method of fishing (Table 4.5-3).
Table 4.5-3: Fishing Methods Within Survey Rural Fishing Communities Percentage of Method Fishermen Hand lines 0.0 Hook lines 0.0 Net traps 0.0 Seine nets 0.0 Throw nets 1.3 Trawling parallel to shore 92.9 Trawling perpendicular to shore 5.8 Other 0.0 Source: ESIA Household Survey, 2003.
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4.5.1.2 Trade
Women are the largest proportion (76 percent) of the population engaged in trade in the survey communities. Specifically in the rural fishing communities, trading activity is primarily based on re-selling fresh and smoked fish and other fish products, as well as on processing and selling sea salt (ICF Household and Community Survey, 2003).
4.5.1.3 Industry-Mining and Manufacturing
Nationally, textiles, food processing, chemical production, and construction material production (including a major cement factory at the Onigbolo plant) are the primary industrial activities in Benin. In southern Benin, mining is an important income-generating activity, and two mines are used for excavating salt and sand.
In the project area, sand mining is an important source of revenues for mine owners, laborers, and local tax collectors. Locally, sand winning activities are conducted at Agboganhouhoue. Women typically engage in salt mining and have organized women's groups around this activity.
4.5.1.4 Public Sector
Less than five percent of the residents in all communities surveyed were employed by the public sector. Members of directly affected households are less engaged with public sector work compared to the other groups (Figure 4.5-2). The government accounts for some of the employment in administrative/managerial, health care, and engineering and professional services occupations. No information was collected on the military sector; indeed, due to the sensitive nature of such information, none is available for the survey areas.
4.5.2 Household Income and Expenditures
4.5.2.1 Household Income
The number of household income earners ranges up to six in rural fishing and urban/semi-urban communities in the project area, and as high as eight in rural non-fishing areas. Most households across all community types have two to three income earners. Also, among the directly affected households, the families dependent on one or two incomes are significantly higher than the rest, underscoring their higher vulnerability (Figure 4.5-3).
For the communities surveyed, the overall annual median household income is 335,OOOCFAF, considerably above the poverty line for the country. However, community members claim that poverty has increased over the past five years and that the gap between the rich and poor has widened.
Figure 4.5-4 and Table 4.5-4 present the household income profile in the surveyed communities. The income figures in the following table refer to the aggregate income earned by all incorne
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Figure 4.5-3: Income Earners in Household
Non-affected *4 and more Households E 3 people I * 2 people I El person Indirectly Affected Households
Directly Affected Households
0 10 20 30 40 50 60 Percentage of Households
Source: ESIA Household Survey, 2003.
Figure 4.5-4: Reported Sources of Household Income in Affected Communities
50-
.la 40-,40- U Directly11k Affected Communities 35 ,Non-affected Households 30.3 25- 20-'
,~10 5 0
V.~ ~ V
Source: ESIA Household Survey, 2003.
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Table 4.5-4: Sources of Annual Income in Affected Communities (USD) Households in Non-affected Directly Affected Households Com unities (%) %) Percent of Average annual Percent of Average annual income income from source income income from source income ~~~(USD) inoe(USD Livestock farming 7 501 12 488 Crop farning 23 750 35 817 Fishing 14 595 10 600 Trade and commerce 15 1,433 16 1,604 Services* 9 995 4 1044 Worker/laborer* 12 1,039 10 651 Professional 20 1,109 12 1105 services*** Total annual reported 2,790 2,840 household income (USD)
* Includes carpentry, tailoring, mechanics, driving, and delivery services. ** Includes construction and manufacturing workers as well as domestic workers. *** Includes administrative positions, health care professionals, and professional service providers such as accountants and engineers. Source: ESIA Household Surveys, 2003. earners in individual households.!2 Accordingly, agricultural activity is the most important activity in the affected communities as well as among the households likely to be directly affected by the project, even though the average income obtained from activities such as trade or providing professional services is higher.
4.5.2.2 Household Expenditures and Consumption
A survey of sample household consumer goods can be taken as an indicator of the level of affluence/poverty. The survey showed that most households in the survey communities own a television. However, very few households own a car or refrigerator/icebox. There are significant differences among the household types. Non-affected households tend to have fewer household goods, while directly and indirectly affected households are comparatively better off (Figure 4.5-5). For instance, only 42 percent of the non-affected households have televisions whereas 68 percent of the directly affected households do. The difference becomes even more striking in terms of car ownership.
12 It is a common occurrence in household surveys that many households underestimate their income levels, and rarely report all income sources accurately. Therefore, Figure 4.5-4 and Table 4.5-4 should be regarded as indicators of income distributions, not necessarily as accurate reports of all area income sources on which the affected people depend.
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Figure 4.5-5: Household Asset Ownership (% of households)
100-I No-fetdHueos
90- *IndirectlyAffectedHouseholds 0:Directly Affected Households _ 80- z
U) 70-
i 60- _
° 50-
8 40-'
0 - 30L 2 20 -
Radio TV Bicycle Car
Source: ESIA Household Survey, 2003.
In both directly affected and non-affected households, food accounts for the largest share of household expenditures, and food is the most important spending priority in all the community types surveyed. Compared to directly affected households, non-affected households allocate a higher portion of their income to food (Figure 4.5-6). As mentioned above, directly affected households are heavily involved with both subsistence and commercial farming.
The households with agricultural incomes are relatively wealthier (Figure 4.5-7). Whether affected by the project or not, households that engage in agriculture earn more from agriculture than from other sources. PAPs rely more on agriculture than other households. Urban households are significantly wealthier than others.
The affected households, whether they lose agricultural or horticultural areas will be able to recover their lost incomes without difficulty because the magnitude of impacts is small and the cash compensation offered by WAGP compares well with market values and with income capitalization calculations.
Analyses of the data also show that communities that rely more heavily on fisheries are the poorest of all. The households whose access to fish ponds might be reduced on a short-term basis will receive some form of compensation; however their access to fishing areas should be restored following WAGP construction.
In cases of agriculture and fishing, both sets of people have expressed strong preference for cash compensation and will apply different coping strategies to make up for the lost incomes.
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Figure 4.5-6: Household Expense Comparison
Food 6'< _ ~~ _*-- -'
Housing and maintenance
Education and health
Garden and home-business -11111
Clothing
Remittances __ _
E ntertainment El Non-affected Households
Transport * Directly Affected Households
Other
0 20 40 60 80 100 120 monthly household expense (USD)
Source: ESIA Household Survey, 2003.
Figure 4.5-7: Reliance on Monthly Agricultural Income
Directly affected households rely more heavily on agriculture and have significantly higher monthly incomes Has agricultural \ income | USD395/month \
USD 421/month Does not have agricultural - income Those not directly affected by the project are less dependent on agriculture and their overall income levels are also lower
USD 377/month
Has onth agricultural income Does not have agricultural income
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4.6 Land Tenure, Ownership, and Tenancy
The WAGP project will affect a number of people in the project footprint, in several ways. Owners of land and homes may lose some or all of their property, and the construction and the ROW corridor that will be maintained may disturb the community and some of its infrastructure. Property loss of any type will be compensated for; economic losses due to potential loss of land for farming and grazing activities will be taken into account; and, particularly for in-kind land replacement, WAPCo will consider additional measures to restore lost income. Impacts due to land taking and mitigation measures are more thoroughly discussed in Chapter 6.
4.6.1 Land Tenure and Residential Ownership
Based on the WAGP Population Density Survey, the area along and around the lateral pipeline and link line consists primarily of farming and family-based lands. Most people in the rural fishing communities (56.8 percent) live on land owned by a member of the household, compared to 11.8 percent in the rural non-fishing communities and 18.2 percent in the urban/semi-urban communities.
The residences are constructed on land that has been given as a gift or acquired through some other type of arrangement (sharecropping for example) that does not require rental payments. The proposed pipeline route will cross land and/or water belonging to 35 percent of the survey households.'3 Homeowners make up a relatively high percentage of directly affected households. Compared to non-affected households, they also live in larger residences (Figure 4.6-1).
4.7 Agricultural Activities
4.7.1 Crops Grown on Affected Lands
About 573 plots were identified and enumerated within the project-affected area. Table 4.7-1 lists the five most predominant crops grown. It also illustrates that a significant portion of the affected land is bare and does not have any crops on it. Annex 6.1 contains the physical asset survey, which has more details on crop coverage, disaggregated by affected parcel.
4.7.2 Issues Involved in Measurement of Product Value
Further details on the general principles of compensation are provided in Chapter 5.
13 Note that a high percentage of the households "do not know" whether the pipeline passes through its land. This may be due to the fact that the link line ROW physical engineering surveys (marking the pipeline route) were being conducted at the same time as the household surveys, and at the time of the household surveys, many respondents did not yet know whether the proposed route would cross their property.
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Figure 4.6-1: Home Ownership Status and Number of Rooms in Homes
49rooms Own 4.7 rooms
Rent roo
l l ;~5.7 roomns ! 1
Occupy without rent =e49ros_ , 3o ,s * Indirectly Affected Households
-| 5.3 rooms * Directly Affected Households
Other 0 Non-affected Households
0 10 20 30 40 50 60 70 percent of households
Source: ESIA Household Survey, 2003.
Table 4.7-1: Crops Affected by the WAGP Project* Crop Number of Affected Total Size of Affected Land Crop Plots With Crop With Crop (m2) Palm trees 273 1,717, 331 Coconuts 34 1,355,377 Maize 25 20,262 Bananas 13 7,022 Tomatoes 19 27,419
Bare Land 150 96,870 * Most land plots have more than one type of crop on them; therefore, there are duplications in this table in terms of the number of plots with each type of crop on them. In addition, this table is not exhaustive; it illustrates only the five most common crops on the affected plots. Source: Benin Estate Valuation and Assessment Survey, 2003.
4.7.3 Issues Involved in Re-instating Cropping Patterns
There are no plans for re-instatement of crops on the ROW or the site. Future farming of crops will be precluded from the WAGP-acquired ROW and footprint.
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4.8 Use of Communal Land and Resource
4.8.1 Pasture and Grazing Lands
No lands have been observed or identified as grazing lands within the project-affected lands (ROW or R&M site).
4.8.2 Water Resources (Rivers, Streams, Lakes)
The water resources identified by the Estate Survey were denoted as marshes or wetlands. No drinking-water wells or other freshwater sources have been observed within the project-affected lands (ROW or AGI site). Twelve of 572 plots have been identified as having wetland/swamp resources, while 31 fishpond resources have also been identified. This is in addition to the lagoon crossing.
4.9 Vulnerable Groups
As seen in Figure 4.9-1, females consist of a significant portion of landowners, and the average land they lose is almost half that of males. Although women own less land, the proportionate impacts favor them. Thus, the typical vulnerability of women in land acquisition situations is not reflected in this project.
Figure 4.9-1: Loss of Land Among Affected Landowners*
Female Average Land landowners Loss: 363
Average Land Loss: 604
Male landowners
Note: This figure is indicative; in 40 percent of the cases, that gender data is missing. Source: Estate Survey and Valuation Assessment, 2003.
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4.10 Attitudes Toward the Project
4.10.1 Perceptions of Project Benefits
Overall, the greatest perceived benefit will be to the individuals who will be compensated for lost land or other property. Additionally, the population expects additional benefits such as the following:
* Reduction of electricity tariff * Employment * Contribution to local development-contribute to poverty reduction
Other benefits to the local communities are summarized in Table 4.10-1.
Table 4.10-1: Expected Project Benefits
Nature of Desired Action Construction Supply of Fees to of Social Scholar- Traditional Commune Infrastructure % Services % ships % Authorities % CALAVI 86 96 89 99 26 29 52 58 OUIDAH 213 88 235 97 168 69 142 59 COTONOU 115 96 115 96 116 97 101 84 GRAND- POPO 236 87 220 81 257 95 177 65 otal 829 92 837 93 734 91 639 71 Source: LARES, 2001.
Similarly, the outlook on employment is positive. Although the WAGP project will increase employment only temporarily, the general populations in the Benin project area perceive the change as good.
Table 4.10-2: Percentage Distribution of Respondents by Ratings of the Extent to Which the Project Will Affect the Volume of Employment in Benin Commune Very Strong Strong Not at All Slight Decrease Significant Decrease CALAVI 52 32 1 5 0 OUIDAH 113 126 0 1 2 COTONOU 12 103 0 3 0 GRAND-POPO 229 38 0 0 0 Total 459 423 1 10 2 Source: LARES, 2001.
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4.10.2 Perception of Fair Treatment With Respect to RAP Elements
Stakeholders meetings (in particular, those with community leaders and PAPs) show that very few affected people are against the project. However, PAPs have communicated the following three concerns:
* Need for equitable compensation for their land, houses, and other properties prior to pipeline construction as well as compensation for damage and losses to the income-generating activities. * In case of relocation, PAPs wish to be relocated within their communities. * Desire to negotiate directly with the WAPCo Project Team without any intermediary: they refuse administration participation in the negotiations and in the compensation.
4.10.3 Perception of Impacts on Environmental Issues
Members of the general public look positively upon the WAGP project in terms of environmental issues. They view the project as something that will improve many aspects of the lives of the people in the communities surrounding the ROW and the R&M facilities. Most groups believe the project will offer fair compensation, and are not discouraged by the fact they will lose portions of their lands. Among the positive feedback from the populace, growing concern over the health of the environment is seen as the largest overall benefit. Most have stated that a reduction in the deforestation rate and reduction in gas emissions is especially appreciated.
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I Ii
i Chapter 5
Chapter 5 Land Acquisition Procedures and Implementing Responsibilities
5.1 Goals
The West Africa Gas Pipeline Project (WAGP) intends to comply with the International Project Agreement (IPA)', the Beninese national legislative and regulatory standards as well as relevant international policies and guidelines as specified in the World Bank Group's safeguard policies concerning land acquisition, compensation and resettlement2 (Annex 5. 1.) Specific goals of WAGP's land acquisition and compensation include the following key elements:
* Ensuring full participation of all stakeholders and the project affected population3 in the design, implementation, and monitoring of the project; * Consideration of social and economic issues during route determination and siting of temporary and permanent facilities to minimize physical relocation of people; * Choosing the pipeline corridor and siting of ancillary facilities to minimize acquisition of privately or publicly held productive land; * Developing fair and transparent procedures for determining compensation for (i) temporary use of land and assets for construction purposes; (ii) permanent acquisition of land and assets; (iii) restrictions on use of land that may be applied to areas within the corridor; * Ensuring that no land is taken unless full payment is made and affected people who choose in-kind replacement are relocated prior to the actual start of construction along the pipeline corridor; * Providing compensation options to affected populations, including land-for-land arrangements, where desired; * Acquiring land (or right to use land) through negotiated agreements, with the use of expropriation only as a last resort; and in the negotiations a good faith assumption that compensation will be adequate for replacement of assets and for restoring land based incomes to a level equal or better than pre-project levels;
' The IPA is also referred to as the Host Government(s) Agreement in each of the WAGP participating country (Nigeria, Ghana, Togo, and Benin). For the purposed of this RAP, the term IPA will be used throughout the document. 2 For the purposes of the WAGP and this RAP, the World Bank's Operational Policy (OP) 4.12 on Involuntary Resettlement (revised April 2004) has been applied. 3In Benin, the WAGP affected population includes communities, households, extended families, collectives, and individuals whose land plots are going to be acquired. Chapter 4 provides information about categories of the affected population in detail.
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* Upon completion of construction, restoring land as best as possible to its original condition to permit landowners/users/lessees to continue their pre-project agricultural and other livelihood activities on their affected plots outside the Right of Way (ROW); * Upon completion of the corridor, allow its full use for grazing, pedestrian traffic as well as light traffic (e.g. motorcycle traffic) in order to allow continuation of trade and other activities; and * Keeping affected people and communities fully informed about the project, the processes that will be followed to acquire and compensate for land, and their related rights and avenues to redress. 5.2 Overview of Land Acquisition Strategy
5.2.1 General Principles
According to the principles of the IPA, the WAGP has prepared a land and asset acquisition and compensation strategy in Benin.
The land acquisition procedures will include the following:
* All land required for Right-of -Way (ROW) is to be acquired by the WAPCo on the preferred basis of non-exclusive use. Permanent land rights that do not involve an Exclusive Possession Right shall be granted by the state as rights attaching to the Pipeline License, or otherwise in accordance with the Constitution and laws of the Republic of Benin; Exclusive rights acquisition (in effect an outright purchase of the ROW land and transfer of title) may be necessary, however, based on consultations with the PAP's; * All metering station sites should be exclusively acquired. For land that is not owned by the Government of Benin, WAPCo shall obtain the Exclusive Possession Rights. These rights should be acquired through negotiations with the owners and occupiers of the land; * Rights on land owned primarily by the state are to be granted without charge to WAPCo by the Government of Benin, unless a charge for such land is provided for under local law as at the Execution Date; and * Right-of-Way (ROW) Access Policy details the WAPCo's principles regarding the affected population's access to the ROW (see Section 5.2.7). Accordingly, during the operational phase people will have access to their properties through limited use of pipeline maintenance roads as transportation routes. However, the population will be precluded from building structures or raising crops on the pipeline ROW.
In terms of compensation, WAGP is applying the following:
* For all temporary acquisition, all land users are to be compensated for crops and any improvements or facilities that they may have built on the site for a specified period; and * For permanent acquisition of land, owners, both residents and absentees, will be offered a land-for-land option or cash compensation. If the affected populations choose cash in lieu of
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land-for-land assistance, willing-buyer/willing-seller arrangements will be used. Where necessary, other resettlement assistance may also be provided;4
National laws will govern the principles and procedures for quantifying the amount of compensation for land and assets and procedures for the resolution of disputes about the amount of compensation. However, if national laws do not meet World Bank OP/BP 4.12, the latter will prevail and will govern the principles and procedures for the resolution of disputes. For purposes of negotiation, the appropriate compensation is assumed to be full replacement cost.5 Transaction costs are to be included in the final negotiated price.
Where the national laws of Benin do not meet the World Bank Group OP 4.12, the latter will prevail and govern the principles and procedures for the resolution of disputes.
5.2.2 Types of Land to be acquired
In Benin, the land to be acquired by the WAGP includes privately owned land that is used by individual families as well as collectivites, located in the following seven communities6 : Hio Houta, Adjahedji, Akadjamey, Cococodji, Akouehonou, Sodo, and Awake.7
The public lands in the project area include a 100m strip at the low tide baseline, a mangrove swamp, and a portion of a stream crossed by the gas pipeline around Akadjamey. All of these affected areas are considered publicly held property of the Republic of Benin.
The Pipeline Development Plan will identify those areas of land that will be acquired for the WAGP according to the following grounds:
* Pipeline Right-Of-Way (ROW): non-exclusive possession (preferred). WAPCo will seek rights of way over (or under) land on which it intends to lay its pipeline in the form of an easement or occupancy rights (concession d'occupation de domaine public). The rules for obtaining these will vary depending on whether title is sought over private land or public land. Once the pipeline is constructed, limited use rights will be granted to the communities so that travel patterns are not adversely affected; and * Regulating and Metering (R & M) station site: exclusive possession. WAPCo will seek a right of exclusive occupancy in the form of a title or lease over the land where it intends to place its R & M station. The rules for obtaining exclusive title will vary depending on whether title is sought over private or public land. The land will be fenced and access prohibited.
4According to the OP 4.12 such assistance is offered in the case if physical relocation of households and individuals and includes provision of housing, food, and transportation for the duration of the relocation. s Further details are presented in Section 5.4 (Valuation Methods) of this chapter and Chapter 7 (Public Consultation and Disclosure).
6 Of the 7 directly affected communities 4 were included in the ESIA Household Survey.
7In the context of Benin "collectivites" are usually associated with members of extended family/clan as well as neighborhood community. In practice, collectives customarily use the land.
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5.2.3 Methods of Acquisition of Privately Owned Lands
There are two possible means by which private land in Benin can be acquired for the WAGP. They include the following:
* Purchase; or * Compulsory Acquisition through the use of Eminent Domain.
5.2.3.1 Purchase
When land is purchased, an agreement is drawn up which binds the purchaser and the seller. This is known as the willing-buyer/willing-seller principle. The purchaser then has to undertake the registration procedure to obtain title to the land purchased.
Based on consultations and individual interviews with affected people, WAPCo will purchase the land for the WAGP in Benin.
5.2.3.2 Compulsory Acquisition
If an agreement cannot be reached with private owners about the sale of the land, the land will need to be expropriated by the State for the benefit of WAPCo in accordance with the following procedure:
* The Council of Ministers issues the Transport Permit, a decree that contains the declaration d'utilitepublique 8 . This designates all the land that is allocated to the project in accordance with the Pipeline Development Plan and serves as the basis for expropriation if an agreement cannot be reached with the owners; * A public disclosure period is then opened, allowing for third parties to file claims against the dcklaration d'utilite publique; * An administrative Commission then hears all of the claims in order to determine the indemnity to be paid to the expropriated owners. The Commission appoints an outside appraiser who then files a report on the fair value of the expropriated land; * If an agreement is not entered into before this Commission, the Commission's opinion together with the expert report is submitted to a court, which sets the final amount of compensation. The Constitution of Benin requires that this amount is set by a Civil Court; * After payment of the compensation, the expropriation is ordered by the Court. The ownership of the land can only be transferred after compensation is paid to the landowners; and
8Declaration d'utilitepublique is a French term that refers to a declaration [of property] for public utility/ Eminent Domain.
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The expropriated land must then be used for the project and cannot be resold.
However, WAPCo does not expect to resort to this method of acquiring land.
5.2.3.3 Compulsory Acquisition: Non-exclusive Rights
Non-exclusive rights, in the form of an easement, may be sought for purposes of laying and maintaining the pipeline. Expropriation procedures described above for exclusive land rights are also applicable to acquire non-exclusive land rights over private land.
5.2.4 Preparations for the Acquisition of Community, Customarily or Tribally Owned Lands
Since there are no longer any community lands in Benin, the project is not intending to acquire such lands by definition. Despite the fact that land plots of "collectivites" may be used collectively under customary practice, they are privately held and thus will be acquired and compensated accordingly.
5.2.5 Preparations for the Acquisition of State Lands
The Transport Permit will be issued by the Ministry of Mines, Energy and Hydraulics to classify WAGP as a Public Utility Project as well as conferring on WAPCo the requisite rights (Exclusive or Non- Exclusive Title as may be applicable) over portions of the public domain.
WAGP and the Estate Survey Team have completed a joint field visit of the project-affected state-owned lands and water bodies to determine land values under existing laws. WAPCo will submit an application for acquisition of the specific state-owned lands.
5.2.5.1 Exclusive Title
In accordance with the Beninese legislative framework outlined in Chapter 3, if the onshore structures of the pipeline are to be built on the beaches, there will not be a possibility to obtain title over the required area. It will nevertheless be possible to obtain exclusive occupancy rights (i.e. concession d'occupation de domaine public).9
An issuance of the Transport Permit, which classifies the project as a public utility project, would confer to WAPCo the requisite rights over the public land. If the pipeline requires exclusive rights over portions of the public domain, two solutions are possible:
9 The pipeline will not be built above the surface of the beach; rather, a shore crossing will be performed using special technology (Horizontal Directional Drilling, pipeline installation method to minimize surface disturbance to wetlands, stream crossings, beach crossings, or other sensitive areas). This technique avoids the need for clearing, backfill and reinstatement but requires a space 30m by 50m for drill entry and exit. This may mean at worst that for each entry and exit point, a total space equal to 750m2 is required extra to the ROW. This has already been included in the land acquisition considerations presented in the RAP.
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* The Transport Permit could specify that WAPCo is granted exclusive occupancy rights for the duration of the project over the relevant public domain land; or * The IPA could require the Republic of Benin to declassify the public domain land on which the construction is to be built. Once it is declassified, public domain land becomes private domain land and can be sold to WAPCo.
If the pipeline requires exclusive rights overprivate domain land, the Transport Permit will authorize the State to sell or rent the land to WAPCo. Specific laws set the price per square meter of specific land of the private domain and this price is reflected in the sale or lease.
5.2.5.2 Non-Exclusive Title
Although easements over public domain land or space cannot be obtained, it is possible to get occupancy rights (i.e. concession d'occupation de domaine public). However, the occupancy rights are revocable at any time by the State for reasons of public utility.
An issuance of the Transport Permit, which classifies the project as a public utility project, will confer to WAPCo the requisite rights over the public land. If the pipeline requires exclusive rights over portions of the public domain, the following solutions can be envisaged:
* Based on the IPA the Republic of Benin could declassify the public domain land on which the construction is to be built. Once it is declassified, public domain land becomes private domain land and an easement can be created; or * The Transport Permit could specify that WAPCo is granted occupancy rights for the duration of the project over the relevant public domain land; or * The WAGP Act could authorize the Ministry of Mines, Energy and Hydraulics to issue a Transport Permit containing a non-revocable 25-year occupancy right over the relevant portion of the maritime public domain.
If the pipeline requires exclusive rights over private domain land, the Transport Permit will authorize the State to sell or rent the land to WAPCo. Specific laws set the price per square meter of land in the private domain, and this price is reflected in the sale or lease.
5.2.6 Acquiring Right-of -Way Access Policy
The IPA states that licenses will be granted according to the statutory requirements of each State as modified by enabling legislation. It should be noted that a right of exclusive possession is more than WAPCo requires. WAPCo only needs access to a strip of land so that it can lay and bury a pipeline along that strip and access the land when necessary to inspect, maintain or repair the pipeline. WAPCo must also prevent people from encroaching and building on the pipeline ROW in order to ensure that it retains access for maintenance and future use of the ROW.
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5.2.7 WAGP Right-of-Way Access Policy
The basic policies to be adopted by WAPCo regarding access to the pipeline ROW by the local population in Benin and other participant countries are as follows:
5.2.7.1 Fences
Fences will be installed around property containing the Regulating and Metering (R & M) station at Cotonou. Access to this fenced area will be restricted to authorized visitors and WAPCo personnel only. Local populations will not have any access to these areas once WAGP construction begins, and throughout the WAGP operational phase.
No fences will be installed around any other part of the project footprint. The pipeline ROW will not be fenced in any of the WAGP countries.
5.2.7.2 Pipeline Access Roads
WAPCo will develop roads for patrol purposes within the pipeline ROW that run along the full length of the ROW and roughly parallel the pipeline. These roads will be maintained so that they are usable for inspection and maintenance of the pipeline system throughout the WAGP operational phase.
Prior uses of land occupied by pipeline ROW, other than for transportation and grazing livestock, will be terminated once WAGP construction begins and throughout the WAGP operational phase. This prohibition includes activities such as raising crops. As the construction of the corridor proceeds in a specific segment, it may not be safe for either passengers or livestock to be near the construction area. However, the contractors will not leave any part of the ROW open for more than several weeks at a time. Once the pipeline is buried and covered with soil, people could begin using the ROW for transportation and grazing of livestock. The contractors will ensure that local populations are fully informed when it is safe to cross the corridor.
After completion of construction (i.e. during the WAGP operational phase) local residents will be granted access to their properties through use of pipeline ROW as transportation routes. Use of the ROW will be limited to light traffic only. Future roads, particularly those that cross the ROW, will be approved by WAPCo Management on a case-by-case basis. No decisions will be taken unless alternative routes are in place so that economic and social activities of the local people are not adversely affected.
In urban or semi-urban areas, lockable barriers will be erected across all entrances to pipeline ROW to prevent heavy use by car and truck traffic. In these areas pipeline ROW will not be accessible to cars and trucks, but will be fully accessible for use by motorcycle and pedestrian traffic during the WAGP operational phase.
In rural areas no barriers will be erected at the entrance to pipeline ROW, and the ROW will be accessible to all light vehicle traffic including cars and light trucks during the WAGP operational
June 2004 Benin Final Draft RAP - Rev. 1 5-7 Chapter 5 phase. WAPCo will prohibit heavy trucks from using the ROW through the posting of signs and periodic patrol.
5.2.7.3 Transportation Routes Transecting the Pipeline ROW
Existing busy roads and highways crossing WAGP pipeline routes will not be affected by WAGP during either the construction or operational phases. Construction methods such as thrust boring and directional drilling beneath the roads will be used to eliminate the need to close these roads at any time. However, some disruption of traffic patterns may occur on these roads during the construction phase due to the movement of construction equipment on or near the roads.
Less busy roads and footpaths crossing the pipeline routes will be temporarily re-routed and/or closed during the construction phase but with provisions for alternative access for people or livestock across the Right-of -Way (ROW) throughout the period of closure.
In all cases every effort will be made to temporarily re-route all transportation routes rather than temporarily close them. Where they must be temporarily closed, alternate routes will be identified and marked. Transecting transportation routes that must be temporarily closed/rerouted during WAGP construction and their closure/rerouting schedules will be determined once detailed construction plans have been finalized. Local residents will be notified of the closures/rerouting schedules prior to any construction activities.
During the WAGP operational phase there will be no restrictions on any prior transportation routes that cross the pipeline ROW. All such routes will be fully restored to their previous condition by WAPCo at the end of the construction phase and will be fully accessible and open to traditional use.
5.2.7.4 Pipeline Burial Zone
The pipeline centerline will be located approximately 5 meters from one edge of the ROW. The land within the Pipeline Burial Zone (i.e., land directly above where the pipeline is buried, and extending to roughly five meter on one side of the centerline and 10 meters on the other side, forming a corridor of approximately 15 meters in width) will not be available for any use by the local population once WAGP construction begins in the vicinity of the pipeline construction spread. Throughout the WAGP operational phase, except in the case of transecting transportation routes as described above the pipeline mound will not be available for use. Each spread of construction will be completed in a short period and thus, the inconvenience caused by temporary use of access one from side of the burial zone to the other will be limited. Throughout the WAGP operational phase, except in the case of transecting transportation routes as described above, the pipeline mound will not be available for use. Each spread of construction will be completed in a short period of time and thus, the inconvenience caused by temporary loss of access from one side of the burial zone to the other will be limited. The environmental impacts to rivers and other surface water bodies will be very temporary and localized. There will be no permanent impacts.
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In addition, the following procedures will be applied:
* Pipeline ROW land will be re-contoured at the end of the construction phase, and seeded with native, low-growing, shallow-rooted cover vegetation. This vegetation will be cut and maintained at a relatively low growth height by WAPCo throughout the operational phase, priority consideration will be given to using the community in the vicinity of the Right-of- Way (ROW); * Prior uses of the pipeline burial zone for raising crops or any other purpose (other than transportation on transecting transportation routes) will be precluded within this zone once WAGP construction begins and throughout the WAGP operational phase; and * WAPCo will post signs along the pipeline ROW restricting access and use of the land except for those locations identified as public transportation routes.
5.2.7.5 Other Areas within the ROW
All land within the pipeline ROW of 20 to 25 meter width will be acquired by WAPCo in accordance with the land acquisition laws on right-of-way (ROW) use in Benin. At the end of the construction phase, areas within the ROW that are not occupied by pipeline access roads or burial zones will not be made available for the local population to use for purposes of cultivation, horticulture and/or construction. This policy avoids liability and prevents encroachment that could result in permanent construction on the ROW except as stated below.
Areas within the ROW not occupied by pipeline access roads or burial zones will be accessible to the local population throughout the WAGP operational phase for such uses as livestock grazing and local foot traffic across the ROW only. Local residents will not be permitted to erect structures of any kind within the ROW, including buildings, fences, walls, cisterns, wells, irrigation facilities, or any other type of structure. 5.3 Land Acquisition Procedure
The general procedure for WAGP land acquisition in Benin includes the following steps:
* Suitable route and land is identified, with care to minimize the need for land acquisition. Station sites and pipeline routes are surveyed. Environmental and Social Impact Assessment (ESIA) is conducted concurrently with the survey of the pipeline routes. WAGP External Affairs (EA) Community Relations engages the communities for information exchange and education about the project and processes; * Estate Surveyor is contracted, and works together with WAPCo to identify all affected land and property owners and verify owners' title to the land. External Affairs Community Relations staff continues working with the communities, and develops a preliminary dispute resolution process with Legal input; and * Surveyed lands and properties are assessed, their values are established, and negotiations are conducted with landowners and different levels of govemment. Extemal Affairs (EA)
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Community Relations staff conducts consultations on land valuation with community and local government leadership, and the RAP is developed; * WAPCo participates in voluntary public workshops to gather community comments (in addition to mandatory public hearings as part of the ESIA procedure). Following the public comment period, disputes are negotiated and resolved according to the developed process, contracts with landowners are developed and owner endorsements are obtained; and * When the ESIA is approved and FID is taken payments for land and property are made and the land is acquired.
Key elements undertaken by WAPCo during this process in Benin are as follows:
* WAPCo has attempted to minimize physical and economic displacement through careful corridor alignment. Alternative routes have been reviewed and social and other issues have been taken into consideration; * WAPCo began engaging the potentially affected communities early in the process to inform them about the project. This was done by holding a series community fora and meetings with village chiefs. Consultative activities ranged from information provision, information exchange, collaboration, and cooperation with different stakeholders including the land/asset owners;'° * With the assistance of an independent Estate Surveyor, WAPCo has worked with potentially affected persons to create a mutually agreed inventory of affected assets; * WAPCo initiated a voluntary public workshop to discuss the project and the land to be acquired, establishing a deadline for registering future compensation claims; and * WAPCo is committed to involving the Bureau of Lands on matters related to land acquisition, compensation and dispute resolution.
The land acquisition process is illustrated by Figures 5.3-1, 5.3-2 and 5.3-3.
5.3.1 Identification of Pipeline Route and Affected Land
5.3.1.1 Description of Route Determination in Pre-Feasibility, Feasibility, Basic Engineering, and Detailed Engineering Stages
After conducting multiple site studies to identify the optimal routes and station sites for identification of the required pipeline ROW and development of options for station and equipment layout, the width of the ROW was established with due consideration of the current needs and future expansion of the system. The need for a safe, incident and injury free operation and protection of personnel and equipment greatly affected the determination of the area requirement for each of the station locations, which were then surveyed. The optimization of the
10 WAGP is not responsible for the lands to be demarcated, valued, and acquired by the Communaute Electrique du Benin (CEB) for relocating its Power plant at Maria Gleta. However, WAGP has conducted its own community education activities and stressed to CEB the importance of such activities.
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Figure 5.3-1: Land Acquisition Process in Benin
Lomflon, 136nandicVacitySit/RoiLe and Sime 11.5.3-2
Coordmnate Public Sector lnlpul & Prl Tuar LEGEND: L-.d R.po..ibiliuy Land Identification External Affajir/ I W S Communnrv Reladions
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Figure 5.3-2: Land Acquisition Process in Benin
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June 2004 Beni F.aR . k.b.1--.Re1
Noe:EAdeotsAPo xt rnlAfar/omunle tyS Irelations.lr tt
June 2004 Benin Final Draft RAP - Rev. 1 5-12 Chapter 5
Figure 5.3-3: Land Acquisition in Benin
.Advoay to Ensure Appro%al of Final .Permits Extemnat Affairs
From Figure 5.3- Final Permit Granted
From Figure 5.3-2 Make. Payiem aid . Obtsm Cffffmw of - Contracts with . Acn~qunmrLand Il DocdM Wm Landowners Endorsed EBg i_ Le- I L
LEGEND: L..d R .p.. bilkSy
* ii.--..
June 2004 Benin Final Draft RAP - Rev. 1 5-13 Chapter 5 pipeline route and station locations was carried out on site with the involvement of Environmental and Social Impact Assessment (ESIA) representatives to ensure impact to the environment was given due consideration".
5.3.1.2 Identification and Demarcation of Affected Plots
Critical steps in identifying lands affected by the Initial Development included conducting a topographical survey, followed by an Estate Survey. Both surveys were performed by independent organizations in coordination with the ESIA team in Benin.
The topographical survey of the selected pipeline route and station sites enabled WAPCo to finalize the property boundaries of the pipeline right-of-ways (ROW) and the station sites in Benin based on actual site conditions. As part of the topographical survey, there was monumentation and staking out of the ROW. The list of coordinates for the ROW and station sites was part of the newspaper advertisement and the public display document.
The Estate Survey enabled WAPCo to determine exact land demarcations and to identify landowners along the proposed pipeline route. Cadastral maps or alignment sheets of the project- affected lands prepared by the Front End Engineering Design (FEED) staff and survey contractors were used by contracted Estate Surveyors to demarcate land ownership in the project-affected area along the ROWs and station sites. The Estate Surveyor physically marked with stakes property boundaries as appropriate. The surveyor was charged with the completion of a detailed report with recommendations regarding land demarcation, as well as issues relating to land ownership, community stakeholder concerns, valuations and assessments of the property to be acquired. The Estate Surveyor also identified and documented whether the project-affected lands are public or private properties. The relevant data are presented in Chapters 1, 2, 4 and 6.
5.3.1.3 Identification of Areas of Stakeholder Significance and Access Issues
The Estate Survey highlighted areas of particular stakeholder significance, such as religious sites, nature reserves and protected areas.
In addition, an assessment was made of the property access and infringement issues that will arise out of acquiring land. For all adjacent property and adjacent property owners, planned projects, buildings, residences or other planned developments were identified as much as possible. Property boundaries were surveyed, physically marked and documented. Where applicable, the survey assessed where the proposed ROW crosses or restricts access to legally designated parks and protected areas. No such areas were found to be affected by the WAGP.
" Social considerations of the ESIA are described in the ESIA Report (May 2004) and summarized in sections 5.3.1.3 and 5.3.1.4 in this Chapter.
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5.3.1.4 Consideration of Social Issues during Route Selection and Selection of Temporary and Permanent Facilities
The pipeline route avoided densely populated areas with related infrastructures such as markets, housing estates, churches, mosques, shrines and schools as much as possible. Avoidance of these locations also has reduced the need for resettlement of people along the pipeline route.
The original route proposed for the pipeline led to the existing CEB power plant site at Vedoko. However, because the pipeline route would run through the town, and the expansion of the CEB power plant at Vedoko would have required demolition of houses, this route was abandoned. Alternative metering station sites near Bodje and Tankpe were also rejected, mainly because the pipeline access route to reach the metering station site and for the link line would have displaced a larger population of people near Bodje and for Tankpe, transportation of R&M station equipment through the village would have created severe resettlement issues.
WAPCo also considered re-routing the planned onshore section of the pipeline from the Alagbado Tee in Nigeria through Benin, and locating the compressor station in Krake in order to consolidate the construction of the Benin R&M station with the compressor station to deliver gas to Togo and Ghana. However, the onshore routing for this option would have required more extensive land acquisition in both Nigeria and Benin. Therefore, in order to minimize physical and economic displacement, this option was also eliminated.
The current pipeline route is observed to have at least two "dog legs," which were introduced to avoid burial sites and to address some landowners' concerns about resettlement issues related to the reburial of late persons. In addition, the link line route to the future relocated CEB site'2 at Maria Gleta was changed to accommodate the desire of the owner of a palm estate along the route, immediately to the north of the Lome highway to reduce the disruption of the palm plantation.'3 More importantly, adverse impacts on a residential plot across from the plantation were also avoided. This was possible by using technology that allowed the pipeline to pass under a highway without stoppage of the traffic flow.
5.3.2 Identification and Registration of Property Owners and Other Affected People
After the routing and siting was finalized, an estate survey was performed to identify property owners, with the sizes of their properties, size classification and use of the land and property,
12 Since WAPCo will not acquire land for the CEB facility (which will belong to CEB), only land acquisition for the 9.5 km ROW from the R&M station to the CEB facility is addressed in this RAP, and not for the CEB facility land. 13A decision was made to alter the pipeline route so as not to cross through a palm plantation, which caused strenuous objections by the owner. The alternate route decided upon avoids the plantation without requiring other residential or agricultural land to be acquired. WAGP Engineers, External Affairs representatives and Estate Surveyors were receptive to the concerns of the landowner and considered several alternatives, which required additional surveying and design. Such efforts to re-route the pipeline successfully appeased the landowner and avoided any need to resort to expropriation. Similar discussions with communities concerned about pipeline routing, which would have disturbed a burial ground, resulted in alternate routing.
June 2004 Benin Final Draft RAP - Rev. 1 5-15 Chapter 5 including construction type. Communities and other interested parties were present or were consulted to verify title and all liens to the land to be acquired either fully or partially.
The Estate Survey documented and reported information about each landowner of the properties at the time of the survey. Temporary residents were defined as those who do not have formal legal rights to land at the time of the census, but have a claim to such land or assets provided that such claims are recognized under the laws of Benin or become recognized through a process identified in the RAP. However, no tenants or temporary residents were identified; all plots are owned (not leased) and cultivated by owners. The Estate Surveyor evaluated land, physical assets and other property improvements, if any, potentially subject to compensation requirements or claims. They also established types, ownership and numbers of crops, trees and plants on the properties.
Landowners were informed of the importance of identification of claims and the resettlement options. They were also assured that they would receive prompt compensation after the Final Investment Decision (FID) and before the commencement of project construction. In fact, no construction will start on any given plot prior to execution of full payment (see Section 5.4.3 regarding compensation).
WAGP has commenced the process of identification of absentee/missing owners through a variety of ways and the process is still continuing. Steps for identification of owners included visiting the neighborhood and interacting with neighbors. The Estate Surveyor team also consulted and sought feedback from community leaders and traditional authorities in order to reach the affected absentee landowners. As a result, the traditional authorities and local neighbors have volunteered to reach some of the absentee landowners, enabling the team to arrange meetings with them to discuss the acquisition proposals and related issues. Also, the public workshop forum and meetings with communities and community leaders provided sources for identification of absentee landowners in Benin. If absent owners remain unknown at the time of compensation, the compensation will be kept in an escrow account.
5.3.2.1 Tracking Affected Land and Asset Data
The Estate Surveyor set up an Excel database of affected land plots that conforms to the OP 4.12. Data collected and recorded includes the claimant's name, age, and gender, the date of inspection, address and location of property, and valuation of property, including crops, economic trees, as well as land area subject to compensation, as information was available. Reconciliation of the Estate Survey inventory began during the period allowed for public comment described below, with the few remaining disputes currently being negotiated.
5.3.3 Public Notification and Comment Procedure: Procedure for FinalizationNerification of Registration and Approved List of Affected Persons
This Section provides an overview of the stages of public notification and comment. Chapter 7: Public Consultation and Disclosure describes the process in Benin in detail.
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5.3.3.1 Notification
As part of the title investigation, the Estate Surveyor engaged and sought feedback from local government, traditional authorities, the community and affected persons in the following ways:
* Commenced consultations with joint trips of the Estate Survey team and WAPCo External Affairs representatives to the respective chiefs of the affected communities; * Carried out joint inspections to the sites with the community leaders; * Through a series of individual, group and community meetings, advised the community leaders and affected persons about project details; * In conjunction with the External Affairs Community Relations representatives of WAPCo, the Estate Survey team carried out extensive consultations with the stakeholders in order to promote community awareness of the project and establish compensation preferences; * Conducted various informal interviews with affected persons on the current ownership status of the sites; and * Conducted local searches around the site areas and made inquiries to confirm ownership status as revealed by the official search report and to identify stakeholder interests.
The Estate Survey team, working with WAPCo Extemal Affairs Community Relations representatives, facilitated the process of on-going communication with the affected communities. The team has and will continue to identify and involve group leaders and other individuals in all deliberations concerning the acquisition process.
WAPCo has displayed the list of landowners and associated assets at various public places, local government headquarters, and state land departments. WAPCo also published details on the land acquisition needed for the project in the local newspaper and will do the same in the Gazette. In addition, as discussed in more detail below, WAPCo conducted a public Front End Engineering Design (FEED)/Public Display Package (PDP) workshop in Abomey-Calavi on December 18, 2003. The purpose of this workshop included providing the public information about the project and the land acquisition process, as well as providing an opportunity to landowners to identify themselves. The FEED/PDP documents were displayed at public spaces and the public was informed about the availability of the documents through newspaper notices and radio announcements over a 21-day period. As of April 2004, no challenge had been made regarding the registered list of plots."4
Additional information on the stakeholder consultation process is provided in Chapter 7. It should also be noted that as part of the process during the ESIA, communities were invited to give feedback on a range of issues, including route selection and land acquisition issues.
1 This was confirmed in an April 19, 2004 email correspondence from WAPCo.
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5.3.3.2 Information To and Feedback from Communities Concerning Route Selection Informally and Formally Through Public Workshop
The workshop in Abomey Calavi on December 18, 2003 was a part of the community consultation and education program of the WAGP that offered a platform for the concerns of the public to be heard. It also offered the project officials the opportunity to refine the design and implementation framework for the project by incorporating, where appropriate, the views and concerns of the affected communities. The workshop provided an opportunity to educate and demonstrate to stakeholders that WAPCo will build and operate a safe and reliable pipeline system.
Invitations to the workshop were extended to the landowners, community representatives and traditional leadership, as well as relevant government ministries, departments and agencies. A total of approximately 72 people attended the workshop.
5.3.3.3 Public Display of Information Prior to Public Hearing
Prior to the public workshop in Benin, the public was notified of the forum through the display of FEED/PDP documents displayed at public places. The route survey data was advertised in the newspapers nationally and also locally to the project affected area. The list of owners was verified through public display and through contacts with community leaders and public records. Information about the availability of the documents and the hearing was provided to the public through public notices, including radio announcements, over the 21-day period. The concerns of the public were recorded in notebooks provided for this purpose and collected 21 days after the day public display period. The public display of the FEED/PDP was done for the purpose of transparency and also to address potential community concerns over safety and specifics of the land acquisition, as well as to provide affected people with opportunity to lodge their claims over resettlement impacts.
5.3.3.4 Final Submission of Public Feedback and Registering of Claims
The workshop offered a platform for project officials to hear the concerns of the public and provided them the opportunity to refine the design and implementation framework for the gas pipeline by incorporating, where appropriate, these views and concerns.
The 21-day period after the public workshop allowed for the public to register its consent or objection to the project plans and this period was also used for the identification of unknown landowners. WAPCo intends to use the services of the Legal Counsels and Estate Surveyor to perfect the land acquisition as required and to register the agreements after payment to identified landowners. It is intended that the photographs of all claimants will be kept for future identification of claimants
Consistent with the IPA, during the FEED/PDP Public Workshop in Benin participants were advised that comments regarding the project could be submitted, by January 17th, 2004 to the following:
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* West African Gas Pipeline Authority (WAGPA) member in Benin;`5 * Technical Authority in Benin (Ministry of Mines, Energy and Hydraulics); and * WAPCo External Affairs representative.
5.3.3.5 Established Cut-Off Date for Claims
The cut-off date is the date on which the project declares its intent to acquire land and land-based assets and advises landowners of such intent. Following the cut-off date, no new assets or improvements should be added to the land. The status of the land and land-based assets as of the cut-off date is thus the basis for final valuation. The cut-off date was established in Benin in November 2003 when the public was notified of the project's intent to acquire land and the route and register of affected lands/assets was publicly posted 21 days prior to the December 18, 2003 public workshop.
Opportunities were provided to stakeholders, as described above, to request corrections in their claims. Should there be substantial delays in the project schedule, particularly Final Investment Decision (FID), the land register will be displayed, additional public workshops conducted, and WAGP survey data will be reconciled with any new information.
5.3.3.6 Final Steps Used in the Acquisition of Privately Owned Lands
WAPCo will finalize the land acquisition negotiations; make the necessary payments directly to the affected persons and register these agreements in compliance with Beninoise law after payment to identified landowners.
5.3.4 Negotiation Procedures
As shown in Figures 5.3-4, 5.3-5 and 5.3-6, WAPCo intends to negotiate compensation with landowners directly and if needed, agents of landowners. WAPCo will pay compensation on the negotiated basis of full replacement value for land and other assets.
When compensation is agreed upon, WAPCo will prepare and approve valuation reports.16 WAPCo will then implement acquisition by developing contracts with landowners and making payments after FID. Following successful completion of these steps, WAPCo will seek documentation of occupancy/title documents for the acquired land, consistent with Beninoise law.
WAPCo will be assisted by the Estate Surveyor in the following activities: (i) negotiation of land purchase agreements, and/or (ii) options to purchase and all appropriate registrations of the property purchases.
15 The WAGP Authority was established under the Treaty signed by the States on 3 1S January 2003 and is a harmonizing regulatory agency, reporting to the respective Ministries of Energy. WAPCo is the project proponent.
16 WAPCo conducted one such inquiry between December 26, 2003 and January 07, 2004, and presented the results of the inquiry in the Report on landprice survey in the private sector in Benin.
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Figure 5.3-4: Land Acquisition Process in Benin
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Set up meeLieg with communti ILeadeTship -Launch the pmess ol' consulalion withcommunitLy | | ~~~~~~~~~~~~EA,EsLate Surve)ors
Organize joint inspection visit to station and ROW with respectiie chiefs or affecied communities
EAEsiate Sune5ors
Publication of land ROW |acquisition in gazette and local newspaper LO disclose information io Lheaffected communities and olher stakeholders
Conduict public heanng on LEGEND: Lead Renponsibitily land ROW acquisition E| CmmrbVC-./U. ...Ia EA | | Ensmg-ege-IS. | E.(emi Affki .
Note: EA denotes WAPCo External Affairs/Community Relations
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Figure 5.3-5: Land Acquisition Process in Benin
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ARterJomnt Inspections And Comtpenion Publicgre Hearings
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ValuationVs1 repute2 rappoved
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Note: EA denotes WAPCo External Affairs/Community Relations
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Figure 5.3-6: WAGP Dispute Resolution Process in Benin
B dornexperiences courw.d aoe evplope pjt be resolved a Court a t icable stilement ad pivat
peop. f mattercs m i s a t rev aresolvedtv of ore,W with thatbl party as per the wishesiof \ / ':' ~~~~~~wi^t endsSn
To Figure 5.3-5 +,- Develop * r Nr ;a Contracts With in pract th ow Owners ,ilioe in- LEGEND: Lead Responsibility
Note: EA denotes WAPCo Extefroa Affairs/Community Relations
Based on experiences with other development projects, members of affected communities expressed their interests and they were consulted and negotiated with directly in order to ensure that they received adequate compensation. Through public and private meetings, WAtPCo has been able to successfully convince the public that WAPCo will negotiate directly with affected people. If at some point in the fhture community members independently select a third party representative and grant authority to that party via a Power of Attonmey, WAPCo will negotiate with that party as per the wishes of the affected persons."
This approach in negotiating and paying compensation for the acquisition will directly involve landowners and other stakeholders in the process. Furthermore, when negotiating with the landowners/stakeholder, WAPCo intends to follow the trading practice in the region by allowing for the first offer to come from the landowner/stakeholder.
17 The FEED/PDP workshop further demonstrated the necessity of ensuring that affected individuals are involvcd directly. Workshop discussions highlighted the lack of dissemination of information by stakeholders' representatives who had attended WAGP education and consultation programs to those who had delegated them. Despite the fact that many meetings held with communities and NGOs, some individuals continue to ask for information they were supposed to have received much earlier. If third party representatives are selected by the owners, the contracts to be signed with landowners will contain appropriate indemnities to WAPCo to protect it from claims by persons whose representatives have not properly acted on their behalf or have been corrupt in the application of the compensation paid.-where did this come from?
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5.3.4.1 Issues of Disputed Ownership and Procedures Applied for the Acquisition of These
Land disputes are usually taken to the chief of the village (also still called the Delegate - "Delegue", the title used prior to 1990). If they are not settled at that level or if the chief of the village cannot help the contesting parties negotiate a settlement, the case may end up in the civil court with the aggrieved party suing the other party. Such disputes can arise between members of the same extended family, between different families in the same collectivite, or between purchasers and one or more families. The Cadastre Service in the Ministry of Finances keeps the land records, registering land titles, but does not keep records on customary claims to land. At all stages of dispute resolution, WAPCo's External Affairs representatives will work with both community leadership and the Bureau of Lands to seek an amicable resolution. The Legal and/or Engineering Departments will also be involved as appropriate. Figures 5.3-4-5.3-6 describe the dispute resolution process.
5.3.4.2 Dispute Resolution Procedures (Non-Negotiated Cases)
As described above, WAPCo intends to negotiate directly with landowners/stakeholders for acquisition of land. However, if there were a failure to agree on compensation or ownership rights through negotiations, WAPCo would engage the Ministry of Mines, Energy and Hydraulics, WAGPA, Bureau of Lands and community leadership in efforts to resolve the dispute amicably, as shown in Figures 5.3-4-5.3-6. If this fails, then the parties may resort to the court system.
Expropriation through judicial procedure is a possible extreme outcome of this process, although WAPCo hopes to resolve all disputes in a manner that avoids expropriation. If an agreement for obtaining exclusive and non-exclusive rights to private land is not entered into with the landowner, an administrative commission hears all the parties in order to determine the indemnity to be paid to the expropriated owners. The commission appoints an outside appraiser who will file a report on the fair value of the expropriated land. If an agreement is still not entered into before this commission, then the commission's opinion, together with the expert report is submitted to a court, which sets the final amount of compensation. This Court should be a Civil Court, as is required by the Constitution.
5.4 Valuation Methods
In accordance with World Bank Group guidelines, a general principle of compensation valuation is that lost income and assets will be valued at their full replacement cost and project affected populations should experience no net loss. As such, WAPCo is applying the following principles in valuation and negotiations in Benin:
* Crops and trees will be evaluated on the basis of market rate of the income stream (as negotiated between willing buyer and willing seller); * Houses and other properties, including such physical assets such as water wells and storage facilities are valued on the basis of market value, without consideration of depreciation (as negotiated between willing buyer and willing seller);
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* All land will be compensated at a value no less than its market value(as negotiated between willing buyer and willing seller). The income stream from all immovable assets will be taken into consideration in willing-buyer/willing-seller negotiations; * Improvements made to previously owned agricultural land, such as added irrigation infrastructure or improved soil quality through the use of fertilizer, will be reflected in valuation and compensation arrangements negotiated with the seller; * Payment will be for a single land parcel if the severed parcel comprises more than 50 percent of the affected plot owned, subject to negotiation, thereby taking into account the economic viability of orphaned plot"8; and * Agreements regarding the timing of compensation payments will establish a set time period beyond the Final Investment Decision, with payment occurring prior to the start of construction on the affected plot. New negotiations may be required if payment is not made within the time period established in the agreement.
5.4.1 Valuation Procedure
The following are general procedures and principles underlining valuation of assets affected by the project.
* All affected properties, crops, buildings and lands, are referenced by an Estate Surveyor before project implementation; * The Estate Surveyor values the properties using various methodologies including negotiation between willing buyer and willing seller and market rates. WAPCo is responsible for the payment of compensation, as negotiated with landowners accordingly; * Based on Estate Surveyor advice, WAPCo negotiates compensation with landowners; * Landowners who are dissatisfied have a right to petition for reconsideration, and may submit counter-proposals through verbal or written communication, together with any supporting evidence; and * Where necessary, the dissatisfied landowner would be invited to negotiate and arrive at an acceptable figure.
18 The Estate Survey contains information on the affected plot only. As such, many plots appear to be severed, and create the impression that the land holdings of affected families are being orphaned. The land holdings are much larger than the individual affected plots and are not severed. Nevertheless, the project offers compensation to the people when 50% of the plots are taken.
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5.4.2 Basic Principles Underlining Valuation
5.4.2.1 Valuation of Annual Crops and Trees
5.4.2.1.1 Annual Crops
Landowners will receive compensation for annual crops cultivated at the time of the pre-entry inspection, based on the value of annual crops that is equal to or higher than market value. This value will be determined according to the country's public and private agronomy company evaluations and adjusted to inflation"9 and through negotiation between willing buyer and willing seller. The goal of compensation for annual crops is to allow every operator whose parcel is located in the area of the pipeline to benefit from a replacement harvest.
5.4.2.1.2 Trees
Landowners will receive compensation for trees cultivated at the time of the pre-entry inspection, based on the value according to the country's public and private agronomy company evaluations and adjusted to inflation. These values will be equal to or higher than market value, taking the income stream from these assets into consideration. Fruit trees are distinguished from wild productive trees based on their commercial value. Therefore, compensation will only be given for fruit trees whose products are valued in the local market. These trees include mango, palm, and coconut trees.
The value of these trees will be based on the average yearly income that these trees would have procured. In the Estate Survey, the calculation of this income took into account the following factors:
* The average amount (in kg) of fruit a mature tree produces; * The number of each specie of tree per hectare; and * The average unit price of the product on the market;
The resulting compensation should allow the producer to replace his/her plantation and also sustain him/ her until production begins at the new plantation. 20
19 The value of the annual crops per hectare can be found in the Benin Estate Survey and Valuation Assessment: corn (300,000), cassava (450,000), bean (150,000), amaranth (2,250,000), parsle (15,000,000), melon (15,000,000), and tomatoes (300,000).
20 By determining the number of plants per hectare, the average amount of fruit produced by each plant during the year, the number of years before production of the new plantation will begin, and the unit price for the produce, the Benin Estate Survey and Valuation Assessment lists the following values for each of the species. For a coconut plantation, the total value of production per hectare is 6,480,000. For a palm plantation it is 10,725,000. For a mango plantation, the value per hectare is 7,500,000.
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5.4.2.2 Pools of Fish
The compensation will reflect the necessary investments to relocate fishponds, if necessary. One of the main sources of cost will be the labor to relocate these ponds. For example, a pond that is 800 m2 will take 800,000 FCFA. This compensation will be paid either in cash, in-kind, or a combination of the two, as is agreed upon by the affected person and the representative that is in charge of the payment.2 ' These values will be equal or higher than full replacement value.
5.4.2.3 Productive Assets
For the valuation of all productive assets, such as land, WAPCo will use full replacement rates that incorporate market rates and transition costs - as negotiated between willing buyer and willing seller (Annex 5.2, 5.3, 5.4, and 5.5). Land values are assessed based on information from the following sources:
* Setting up discussions with different stakeholders of land transactions (administrative authorities, landowners, purchasers and middlemen); * Collecting land sale prices as indicated in the 'estate agencies'; * Collecting land sale prices from conventions organized at various levels, including heads of villages, arrondissements, and purchasers; * Finding out the government rates for land and swamps; * Establishing private sector rates or other approved bodies' rates for equivalent land in the area as basis of comparison; and * Identifying and comparing alternative competing landowners' rates in the area.
In addition, the CEB land payment rates from previous projects in the area may be used as a source of information for purposes of comparison with data obtained from the market.22 Where rates differ, the value most beneficial to the landowner will be used as a basis for negotiations provided that compensation is based on the full replacement value of the land or crops as negotiated between willing buyer and willing seller.
For the valuation of productive assets other than land, such as storage and/or processing units, WAPCo will use the full replacement cost method. Under this approach, compensation for the property is determined by the present cost of materials used on the property, i.e. the cost of the asset if produced today, including modern construction materials and techniques. The costs of transporting the materials, relevant taxes, etc., will also be incorporated into the negotiated replacement costs.
21 Although most operators choose cash payment, the in-kind compensation has considerable advantages. These advantages include reducing the pressure on the recipients to lend money to parents or friends and reducing the stress on recipients caused by transporting purchased goods from the market to his/her residence.
22 The affected people report their discontent with CEB rates and procedures for land acquisition. WAGP intends to apply procedures that would help people easily replace their affected assets with incomes.
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5.4.2.4 Valuation of Immovable Assets and Infrastructure, Including Residential Homes, and Other Structures
Following negotiation with the registered landowner or land user, if preference is given for cash compensation for loss of non-moveable assets rather than replacement/reconstruction, WAPCo will pay compensation in keeping with national laws and with OP 4.12.
5.4.2.5 Valuation of Severed Parcels of Land
As discussed in detail in Chapter 4, land acquisition for the project ROW and ancillary facilities will affect a substantial number of plots. Some plots may become uneconomic to cultivate for both the duration of construction and operation phases. Valuation of severed parcels of land will be examined by WAPCo on a case-by-case basis and will take into account whether the orphaned area remains economically viable. If the severed area is greater than 50 percent of the affected land owned by the affected landowner, WAPCo will offer compensation for the entire land, subject to negotiation. If the severed area is less than 50 percent, WAPCo will pay compensation for the affected portion, subject to negotiation. This compensation will be based on the same compensation rates applicable to the area of land that is within the project corridor.
5.4.2.6 Verification of Valuation Rates
WAPCo, with assistance from the Estate Surveyor, will identify government valuation rates of land and agricultural products for purposes of comparison and negotiation. Competing land and property payment rates, data obtained from the market, and alternative competing landowner rates in the area will be used as sources for comparison purposes.
5.4.3 Compensation
After studying the nature of the losses due to the project activities and reviewing the community practice in compensation issues as well as in consultation with the project affected persons, the following compensation options have been considered for the different categories of project affected persons in Benin:
5.4.3.1 Cash Compensation
Cash compensation based on the valuation approaches detailed above will be offered to landowners and users, as appropriate. In keeping with the World Bank Group's guidelines, cash compensation is particularly appropriate (a) where land is not the preferred option of the affected persons; (b) where livelihoods are land based but the land taken for the project is a small fraction of the affected asset and the residual is economically active; (c) where active markets for land, housing and labor exist, and where displaced persons use such markets and there is sufficient supply of land and housing; or (d) where livelihoods are not land-based.
Following negotiation with the registered landowner or land user, if preference is given for cash compensation for loss of any non-moveable assets rather than replacement/ reconstruction, WAPCo will provide cash compensation.
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Currently, all project-affected persons have indicated their preference for cash compensation. This is reflected for each owner in the Estate Survey. (Annex 5.6.)
Payment will be provided in the form of cash, check or bank deposit, directly to the affected owners. For those affected people with bank accounts who wish to receive payment directly to their accounts, this will be done. Checks or deposit slips will be given to each owner or user in the presence of local government officials. Otherwise, for those affected owners who do not have a bank account, the cash or a check can be given to them, as per their wishes, in the presence of village leaders and members of their communities. Payment will be made after the date of the FID, but prior to mobilization for construction on the affected land in order to ensure that people have been able to relocate.
5.4.3.2 Replacement Land
Any project affected person indicating a preference for in-kind replacement land would be compensated accordingly. As stated above, currently, all project-affected persons have indicated their preference for cash compensation. Should landowners emerge who express a preference for in-kind land, suitable land will be provided. 23
5.4.3.3 Relocation and Reconstruction
This option is recommended for any common property resources, public structures, cultural properties or infrastructure within the project-affected area. WAPCo intends to relocate/reconstruct common infrastructure that may be affected by the project (e.g. sewage lines) though it should be noted that no such resources are affected at this point. It should be noted that the common practice is to use techniques to go under the infrastructure so that it is undisturbed rather than relocate the utility. 5.5 Implementation Roles and Responsibilities
The roles and responsibilities of WAPCo, Estate Surveyors and external agencies with regard to RAP implementation are detailed below. There are additional roles and responsibilities associated with the RAP that are yet to be defined for the project.
5.5.1 WAPCo Roles
Various departments of WAPCo are involved in the implementation of resettlement activities, under the overall guidance of the office of the Project Director (Project Director - Construction Management Agreement) who reports directly to the WAPCo Managing Director. A special unit referred as the RAP Management Team (shaded green in Figure 5.5-1) works with the Project Director to ensure RAP implementation as well as to carry out the internal monitoring of RAP implementation. Within WAPCo, the core responsibilities for RAP implementation rest with the
23 Replacement land is available and has been costed (in FCFA) at: Akadjamey (6.000.000), Cococodji (3.000.000), Akouehonou (21.000.000), Sodo (15.000.000), and Awake (27.500.000).
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Figure 5.5-1: WAPCo RAP Team Organization Chart
| eneral M anager G eneral| M anager Business| Operations an d CommercialI Deeelopm ent
Project M an ager Technical Services Government Outside ..-.-.-.-..... Agreement _R elations C u s l ...... d Rep. Benin Benin ,,'" .::: '//
Government .. Outside f Community Health Safety Business and E nginerilng and _ Relations . Counsel_ _ J Relations Supervisor Environmental Planning M an3ger Construcawon NI anager Rep.Ghana Ghana , * .5I.l Manager (5.5.1.2) (5.5.1.5) (5.5.1.3)
G o3%ernm enlt Outside ffI _Relationsp.Cun Community ] Lead Onshore | | Lead Offshore Rep. Nigeria | 1s{yerI . June 2004 Benin Final Draft RAP - Rev. 1 5-29 Chapter 5 External Affairs Community Relations staff. However, responsibilities for various aspects of RAP implementation are spread over a number of groups within WAPCo (the groups shaded in yellow in Figure 5.5-1). Descriptions of the RAP roles of various groups within WAPCo are presented in the following subsections. Both internal and independent external monitoring and evaluation arrangements, including impact studies, have been designed and fully funded by WAPCo. For external monitoring purposes an independent Expert Panel will be created. This Panel will also review RAP performance in other project participating countries. 5.5.1.1 External Affairs/Community Relations/Government Relations External Affairs (EA) is currently responsible for facilitating liaison with communities and government agencies to facilitate stakeholder consultations throughout the life of the project. Following FID the Government Relations reps will report to WAPCo General Manager, Corporate Affairs, while the Community Relations supervisor will maintain the current reporting relationship to the Project Director. The primary responsibility for RAP implementation will fall under the Community Relations Supervisor, who will take the lead in many aspects of RAP implementation. EA/CR specialists are highly knowledgeable about local conditions and are familiar with local NGO and governmental organizations that assist with resettlement. Throughout the RAP implementation process, the Community Relations Department will coordinate public sector input, provide information to communities, develop dispute resolution processes, and manage the land valuation consultation process. Community Relations Department will also be represented on WAGP's RAP Management Team, which will provide high-level oversight of RAP implementation, as well as review all aspects of monitoring and evaluation (M&E), as described in Chapter 8. External Affairs has also been active in advocacy with government stakeholders and regulators, ensuring timely receipt of all required governmental approvals or authorizations. After FID, government liaison will be carried out by the Government Relations Representatives in each country, reporting to the General Manager for Corporate Affairs. 5.5.1.2 Health, Safety & Environment (HSE) HSE has been responsible for submitting Estate Survey and socioeconomic surveys as part of the ESIA and RAP approval process, including public notification and public hearings. HSE has also be responsible for coordinating with Engineering to ensure meeting the ESIA requirements, and for performing the ESIA. HSE will handle preparations for all environment, socioeconomic, and health-relates governmental authorizations, including meeting public notification and hearing requirements according to the IPA. HSE had a central role in preparation of the RAP, and will be integrally involved in RAP implementation. June 2004 Benin Final Draft RAP - Rev. 1 5-30 Chapter 5 5.5.1.3 Engineering The Engineering Department identified and surveyed suitable land sites and pipeline routes, managed the contracting and supervision of Estate Surveyors, worked with the Estate Surveyors to identify all owners and verify titles. Engineering will carry out asset evaluations, and negotiations with land owners and government bodies. After FID, Community Relations will arrange the payments to be made to project-affected persons. 5.5.1.4 Legal The Legal Department worked with the Engineering Department to select the Estate Surveyors, to identify property owners, and to verify titles. The Legal and EA/CR departments together will develop and monitor dispute resolution processes, and the Legal Department will prepare contracts with landowners following negotiations. This department will bear final responsibility for obtaining the appropriate legal documentation including the registration of titles as required by Beninoise law. 5.5.1.5 Accounting * The Accounting Department, reporting to the Business and Planning Manager will process payments for land and property. 5.5.2 Key Responsibilities 5.5.2.1 Land Acquisition and Negotiation WAGP's Land Acquisition Team is responsible to implement: (i) the land and asset acquisition, (ii) the compensation plan, and (iii) all RAP project resettlement requirements as defined by this RAP. The Land Acquisition Team will also conduct monitoring and evaluation (M & E) activities, as described in Chapter 8. The organization of the Land Acquisition Team is as follows: * Negotiation Team Leader; * Community Relations Representative; * Government Relations Representative; * Communications Representative; and * Estate Surveyor. 5.5.2.2 Compensation Based on values assessed by the Estate Surveyor and negotiated with affected persons by Community Relations, Engineering and the Estate Surveyor, and as stated in contracts developed by the Legal Department, Accounting and Community Relations will process and make the actual payments, respectively, to affected persons within the period specified in the agreements, after the FID and before the start of construction on affected lands. June 2004 Benin Final Draft RAP - Rev. 1 5-31 Chapter 5 5.5.2.3 Resettlement, Including Provision of Homes Community Relations bears primary responsibility for the oversight and supervision of this RAP in particular the actual purchase and transfer of ownership of in-kind replacement land. Adequate time should be allowed after payment and prior to mobilization to ensure that affected persons are able to move to new sites. Cash and in-kind compensation will be of amounts no less than the full replacement value as negotiated. No homes in the project area have been determined to be in need of resettlement in Benin. 5.5.2.4 Land-for-Land Arrangements Land-for-land arrangements are not relevant at this time because all affected persons have indicated their preference for cash compensation. However, should any such person emerge, in- kind land will be provided. The Land Acquisition Team would be involved with other arrangements described above. 5.5.2.5 Re-Instatement of Land Reinstatement of land falls within the scope of the contractor and will be performed at the end of the construction period as detailed in the project stipulations and the ESIA mitigation plans. 5.5.3 External Roles and Responsibilities 5.5.3.1 Estate Surveyors Estate Surveyors are responsible for all issues relating to valuation of crops, land and buildings. In general, their professional competencies relate to Estate Agency, Valuation, Feasibility and Viability reporting, Assessment and Compensation. Relatively few firms have extensive experience with compensation; however, WAPCo has identified the best-qualified firms in this area. WAPCo's Legal Counsels and contracted Estate Surveyors will complete documentation regarding the land acquisitions as required and register the agreements after payments are made to identified landowners. Communities may also hire independent Estate Surveyors to conduct valuation, and would be granted Power of Attorney to negotiate on the community members' behalf. However, care will be taken by WAPCo to negotiate directly with landowners who express such a preference. 5.5.3.2 Government The Ministry of Mines, Energy and Hydraulics is the technical authority for the project, and issues the Transport Permit, which may be used to classify the project as a public utility project. June 2004 Benin Final Draft RAP - Rev. 1 5-32 Chapter 5 Offshore rights issues granted through the Transport Permit licensing process are handled by the Ministry of Finance and Economy; the Ministry of Transport; and the Ministry of Mines, Energy and Hydraulics. The National Geographic Institution (IGN) is the state body in charge of topographic drawing and division of properties. It can also undertake leveling studies. The IGN is under the authority of the Ministry of Accommodation, Environment and Urban Development. Registration is performed at the Department of Properties, Registration and of Stamps (DDET). The same department is in charge of Land Valuation and the issuance of Land Titles. It is a technical department of the Ministry of Finance and Economy. Settlement of any land disputes would be handled through the traditional and legal authorities, with non-negotiated cases taken before tribunals. The territorial court of first instance is the court in the area of dispute resolution. In specific cases, the court of first instance is in Ouidah. 5.5.4 RAP Fund Once the RAP is approved by the World Bank Group and WAPCo the required documentation according to Beninoise law, a special budget will be established to meet all regular costs of land acquisition and resettlement. Concurrent with land acquisition activities, WAPCo will launch its voluntary Community Development Program. The budget for land acquisition will be part of a separate RAP Fund established to address issues concerning impacts and matters that have not been anticipated in the project. 5.5.5 Community Development To date, in Benin WAPCo has initiated stakeholder consultations and participatory needs assessment (PNA) using local social scientists, separate from ESIA, to determine an appropriate direction in line with it's evolving Community Development objectives including: * Identification of critical needs and "high-yielding" community development strategies; * Local self-reliance and avoidance of paternalism or dependency; * Partnerships with qualified NGOs, other private companies, international agencies, and other members of civil society who will take the lead in program execution; and * Facilitation for better service delivery to local communities from governments and development institutions. WAPCo's Community Development Program intends to emphasize capacity building, training and institutional strengthening rather than "bricks and mortar" projects or activities that require continued WAGP support. The overall objective is to help communities increase their productivity and competitiveness in the marketplace so that they can make long-term social and economic improvements. June 2004 Benin Final Draft RAP - Rev. 1 5-33 Chapter 5 WAPCo's consultations validate ESIA socioeconomic findings in that WAGP faces a unique opportunity to promote effective access to clean water, elementary health care and education for its neighbors and to improve their quality of life. WAPCo's preliminary efforts have encouraged community members to identify and prioritize their own needs, and which are then filtered through a set of WAPCo "value drivers" to determine which projects will have the greatest impact on health, education, income generation, etc. This approach replaces "top down" models of assistance and corporate philanthropy, in which remote "professionals" try to guess what will be most effective or appreciated . WAPCo Value Drivers include: 1. Impact Spread benefits as evenly as possible within impacted communities with an aim towards poverty alleviation through high "value added" social and economic initiatives 2. Sustainability Local "ownership" of projects, encouraging self-reliance and avoid dependency 3. Project Management Partnership opportunities, transferability, optimizing existing resources, and minimize direct WAGP involvement in implementation Consultations indicate the following initial priority areas in Benin during WAGP construction and in the first few years of operation:. * Adult literacy training; * Preventative health education and support; * School transport support; * Micro-enterprise support; and * Education infrastructure support (books and supplies, teacher training) WAPCo's focus during this initial timeframe will be on Education and Healthcare support and overall fixed budget commitments towards these objectives are being finalized. Consultations in the affected communities also identified future opportunities in terms of income generation and capacity building that can be incorporated into later year operating budgets. Implementation Plan is being developed, with initial efforts before and after the Final Investment Decision focused on: * Continuing consultation, communication and feedback to WAGP communities; * Initial and Annual prioritization processes to determine specific communities who will receive that year's benefit and specific projects to implement; * Development of written agreements with communities in terms of benefits and WAPCo's conditions for the communities to receive the benefits; and * WAPCo resources, administration and other infrastructure to support a sustainable Community Development Program. June 2004 Benin Final Draft RAP - Rev. 1 5-34 Chapter 5 Further assessment of partnership opportunities, including WAGP EPC contractors, NGO's and government in terms of general financial support as well as specific project implementation. 5.6 Implementation Issues and Solutions 5.6.1 Resolution of Tenant/Owner Disputes A portion of the property, located around the proposed R & M station has become a source of dispute between the members of Adjovi Agbogbo family, owners of the property. Since the parties in dispute are members of the same collective, the negotiation for the acquisition must be directed towards the chief of Akadjamey village, who is also a member of the said family. WAPCo is working closely with its Estate Surveyors, the affected members of the collective and their representatives to resolve these disputes, and has held various meetings with the Adjovi Agbogbo family to discuss claims to land and land acquisition procedures. 5.6.2 Representation Issues There have been issues of representation in several of the project-affected communities. In one village, the new residents are distinguished from the older residents because they are "home owners," not landowners. The Chief of this community has had more contact with WAPCo. However, the new residents live much closer to the ROW than the rest of the village (the ROW passes through some of their lands) and do not feel that the Chief represents them or fully communicates information regarding WAGP. The newcomers have therefore organized a separate entity within their homeowners group for dealing directly with WAPCo on matters regarding the proposed pipeline. The problem of representation has also been raised in Akouehonou, a community that is on the Link Line, where the Tchadean-European alliance and their allies are challenging the Chief's authority to enter into agreements in their names. In Zokotomey, which is also on the link line, there are indications of similar representation issues. 5.6.3 Owner Identification and Registration, Including Absentee Owners The pipeline route runs through sparsely inhabited areas, which involves, finding the owners of the plots in their homes, if they have left addresses, in order to inform them of the project and ask for the demarcation of their land. Where the landowner is not found at time of payment, the funds will be kept in an escrow account and his asset valued on the basis of equivalent facilities in close proximity. Absentee owners need to be identified for affected land and assets in Akadjamey, Cococodji, Zokotomey and Akouehonou. WAGP has commenced the process of identification of absentee/missing owners. Steps for identification of owners included visiting the neighborhood and interacting with neighbors. The Estate Surveyor/ Valuation team consulted and sought feedback from community leaders and traditional authorities for the areas in order to reach the affected absentee landowners. The traditional authorities and local neighbors have volunteered to June 2004 Benin Final Draft RAP - Rev. 1 5-35 Chapter 5 reach all the absentee landowners to enable the team to arrange meetings with them to discuss the acquisition proposals and related issues. The public workshop forum and meetings with communities and community leaders are additional sources of identification of absentee landowners in Benin. 5.6.4 Ensuring Accurate Negotiation, Registration and Compensation Disbursement Agents with acceptable Powers of Attorney will be recognized and proof of tenancy rights and other forms of ownership will be required for completion of negotiations. WAPCo will register all agreements in the land registry and court in accordance with Beninoise law. These measures will help ensure that the list of affected owner/users have been properly and accurately documented and recorded in the public domain. To reduce compensation disbursement disputes, photographs of recipients of payments will be made and the Estate Surveyor will arrange for a meeting of landowners with the payee at the time of mobilization of the Contractor. June 2004 Benin Final Draft RAP - Rev. 1 5-36 Chapter 6 Chapter 6 Project Impacts and Mitigation Measures 6.1 Summary of Land Acquisition In Benin, the project-affected areas are situated between the Atlantic Ocean and Cococodji and between Cococodji and the town of Maria Gleta. The dimensions and layouts of the WAPCo ROW and facility footprint are illustrated in Figure 6.1-1. Building the pipeline will require clearing up to a 25-meter right of way (ROW) routed to a regulating and metering (R&M) station at Cotonou. The total length of the pipeline in Benin is 14.5 kilometers. The pipeline and associated facilities onshore run through seven communities that belong to Abomey-Calavi and Ouidah, two communes of the Atlantique Department of Benin. The seven communities include Hio Houta, Adjahedji, Akadjamey, Cococodji, Sodo, Awake and Akouehonou. The land acquisition and resettlement impacts of WAGP in Benin are modest. Because the amount of land taken along the pipeline route involves a narrow strip, the project affects relatively few households in most localities. Potential impacts are higher in communities that lose larger areas and for households that lose multiple plots to the project. The communes of Abomey-Calavi and Ouidah have a total population of approximately 225,000. The Benin Estate Survey and Valuation Assessment (2003) found that owners of these lands are individual farmers who typically own more than one land plot. WAGP will affect 573 individual land plots, among them, 337 landowners who either cultivate the land on their own or as part of a collective farm ('collectivite').' Some owners will lose part or all of a single plot, while others will have several of their plots affected. No tenants appear to be on the affected plots. Most plots to be acquired include privately owned agricultural land and constitute a minor proportion of land holdings of the affected populations. No forests are affected, but about half the affected plots have a few palm trees on them. Some swamp areas used as fishponds will also be impacted. Twenty-four plots have buildings on them, some of bamboo and others of modem building materials. Twenty-one of these are residential homes and three are small storage facilities. In addition, the Estate Survey and Valuation Assessment also provided information on type of land and crops cultivated as well as type and number of structures on the affected areas. Finally, it provided data on land other than that used for agriculture, such as swamps and fishponds. Table 6.1-1 shows type and number of affected land plots in the project communities. ' There are six collective farms referred to as 'Collectivite' in the estate survey data. These lands are privately held but may be used by a group of families, who may be relatives or neighbors. June 2004 Benin Final Draft RAP - Rev. 1 6-1 Chapter 6 Figure 6.1-1: WAPCo Pipeline Route in Benin -'re ,AB,B as t_I >; s: Mr _4 3 Mar a I t ' a S sk i 1 s @ ;..- ,d- Lokagb *a W' Tchang .9 X . Sehou worey,. ~~ ~Dodjil RCln 0; Z E--AN.)fllr Ti .h- Homenl f - HlidF PtAgbog h Hounguelo Agbokan; .W _ounko 1 To -bin June 2004 Benin Final Draft RAP - Rev. 1 6-2 Chapter 6 Table 6.1-1: Area and Use of Affected Land in Project Areas Affected Land Uses and Number of Total Area of Affected Community Features Affected Land Portion of Land (ha)* Features______Plots Adjahedji Agriculture (crops) 1 1.2 Akadjamey Bare land 90 7.8 Agriculture (crops) Buildings Palm and coconut trees Swamps/fish ponds Akouehonou Bare land 78 5.1 Agriculture (crops) Buildings Palm and coconut trees Swamps/fish ponds Awake Bare land 139 12.5 Agriculture (crops) Palm and coconut trees Cococodji Bare land 94 4.0 Agriculture (crops) Buildings Palm and coconut trees Hio Houta Agriculture (crops) 11 2.4 Coconut trees Fish ponds Sodo Bare land 160 5.9 Agriculture (crops) Buildings Palm and coconut trees Swamps fish ponds TOTAL 573 39.1 Source: Benin Estate Survey. 2003. Note: The total is slightly different from the total of the numbers in column 4, due to rounding. 6.2 Affected Populations As stated above, the landowners in the project-affected areas cultivate their lands themselves. Therefore, they and their dependents are the affected population. The estate survey pointed out that there are a number of absentee owners, including some deceased. If these parties remain unidentified, compensation funds will be set aside in an escrow account to be awarded upon a subsequent corroborated claim. Details of the characteristics of the project-affected population are given in Table 6.2-1. June 2004 Benin Final Draft RAP - Rev. 1 6-3 Chapter 6 Table 6.2-1: Affected Land Plots Gender of the Landowner Total Number of Gender of Owner2 Community Affected Are Affected Plots (sq.m.) Male Female Adjahedji 12,537 1 1 -- Akadjamey 78,023 90 46 8 Akouehonou 51,407 78 65 9 Awake 125,939 139 110 14 Cococodji 40,127 94 17 2 Hio Houta 23,914 11 6 Sodo 59,568 160 84 19 TOTAL 2,133,417 573 330 52 6.3 Summary of Land Acquisition Impacts 6.3.1 Impoverishment Risks and Reconstruction Model The impoverishment risks and reconstruction model for resettling displaced populations "IRRR model" (World Bank, 2000) identifies broad categories of potential impact that may befall displaced communities. Although the model was created primarily for situations where a project causes people to be physically displaced, it can also be applied to situations where the project acquires productive assets. There are eight broad categories of potential impact: * Landlessness: loss of residential or productive land * Homelessness: loss of housing or shelter * Loss of Access to Common Property and Resources * Joblessness: loss of jobs and access to job markets in situations where people have wage- employment; * Food Insecurity: loss of food production, access to markets, or ability to purchase food * Increased Morbidity or Health Problems: decline in health * Community Disarticulation: disruption to or loss of community social systems in or out of the community; changes in patterns of livelihood dispersal; breakdown of initial help network * Marginalization: measurable drop in economic or social standing 2 A significant part of gender data for landowners is missing. June 2004 Benin Final Draft RAP - Rev. 1 6-4 Chapter 6 The potential impacts identified for the WAGP project based on these categories are shown in Table 6.3-1. Table 6.3-1: Potential Impacts of WAGP Project in Benin IRRR category Potential Impact * Permanent Loss of Cultivated Land Permanent Restrictions on Land Use 1. Landlessness Loss of Horticultural Land Severance Impacts 2. Homelessness * Loss of Homes and Other Structures 3. Loss of Access to Common * Loss of Cultural Property Property and Resources * Short-term Impact on Infrastructure 4. Joblessness * No Potential Impact From WAGP Identified * Permanent Loss of Cultivated Land * Temporary Loss of Agricultural Productivity 5. Food Insecurity * Loss of Perennial Crops * Loss of Annual Seasonal Crops * Loss of Fisheries 6. Increased Morbidity * No Potential Impact From WAGP Identified 7. Community Disarticulation * No Potential Impact From WAGP Identified 8. Marginalization * No Potential Impact From WAGP Identified 6.3.2 Landlessness 6.3.2.1 Permanent Loss of Cultivated Land The land to be acquired is described in Section 6.1. Land acquisition will affect the landowners by depriving them of small portions of their land. Severance impacts bring additional impacts. 6.3.2.2 Permanent Restrictions on Land Use The WAPCo Right-of-Way Access Policy (Section 2.7 of Chapter 2) will guide access to and use of land occupied by WAPCo. It will regulate access that may be gained to the land occupied according to how that land may be used. In Benin, this will mean that all agricultural activities currently undertaken will have to cease on the land purchased by WAPCo. New activities compatible with the Access Policy, i.e., livestock grazing, will be possible on a portion of the ROW during the WAGP operational period. However, livestock grazing until now has not been conducted on any significant scale in the vicinity of the project so it is not certain that local residents would make use of the ROW land in this way. The restriction on land use will preclude landowners from continuing to cultivate their land, and deprive them of a source of household income. June 2004 Benin Final Draft RAP - Rev. 1 6-5 Chapter 6 6.3.2.3 Severance Impact People of Akadjamey, Hio Houta, Vinawa, and Sodo cross the project-affected area daily to reach relatives, friends, schools, their jobs, local markets, and Cotonou. During pipeline installation, access along the roads and footpaths that cross the ROW will be obstructed for short periods of time. The two most important thoroughfares will not be obstructed: the main Cotonou to Lome road will be thrust/auger-bored, and the Hio Houta coastal road will be crossed by HDD as part of the shore crossing. Detours and alternative routes will be provided so access should not be lost at any time. Only a relatively short stretch of ROW will be under construction at any one time so these detours will be short and inconvenience slight. Hio Houta villager access to the Atlantic Ocean will not be affected as HDD operations will occur at a good distance from the village and ocean. 6.3.3 Homelessness 6.3.3.1 Loss of Homes and Other Domestic Structures According to the estate survey, 24 buildings are in the project-affected area. Twenty-one of these are residential homes. Table 6.3-2 illustrates the location of those homes. 6.3.4 Loss of Access to Property and Resources 6.3.4.1 Loss of Cultural Property Reconnaissance surveys of the project footprint have been carried out by engineering and design, environmental baseline, socioeconomic, and estate surveying crews. Based on these surveys and on consultations with local populations, it appears that no significant physical cultural resources exist on the surface within the project footprint. WAPCo is arranging for literature searches and a final walk-through by archeological and cultural resource experts to confirm reconnaissance survey results. 6.3.4.2 Short-term Impact on Infrastructure As described in Chapter 4, many communities in and around the project-affected area lack access to basic social and communal infrastructure. Measures will be taken during construction to avoid or minimize any disruption to the supply of water, electricity, telecommunications and other such services to these communities. 6.3.4.3 Loss or Damage to Community Property and Resources The landowners of the project-affected areas are independent farmers. As stated in Section 4.1.2, community property and resources identified within 200m of the project-affected area include a school at Akadjame; a church at Vinawa Adjovicodji; and a recreational facility, church, and school at Hio Houta. June 2004 Benin Final Draft RAP - Rev. 1 6-6 Chapter 6 Table 6.3-2: List of Buildings Lost to the Project Community Land Plot Type of Structure AKADJAMEY WAB-010 Building AKADJAMEY WAB-030 Hangar AKADJAMEY WAB-044 Building+ lwell COCOCODJI WAB-092 Hangar COCOCODJI WAB-564 Building SODO WAB-525 Building AKOUEHONOU WAB-219 Building AKOUEHONOU WAB-230 Building AKOUEHONOU WAB-246 Building AKOUEHONOU WAB-256 Building SODO WAB-480 Building SODO WAB-472 Building SODO WAB-470 Building SODO WAB-468 Building AWAKE WAB-130 Building AWAKE WAB-142 Building AWAKE WAB-149 Building AWAKE WAB- 151 Building AWAKE WAB-157 Building AWAKE WAB-168 Building AWAKE WAB-169 Building AWAKE WAB-170 Building AKOUEHONOU WAB-235 Building AKOUEHONOU WAB-447 Building 6.3.4.4 Impacts on Forests No forestland will be affected by the project. 6.3.4.5 Impacts on Grazing Land and Pasture None of the land plots affected by the project is used for grazing or as a pasture. 6.3.4.6 Impacts on Fish Ponds The project will affect 31 plots containing fishponds and 12 plots containing swamps. Once WAGP acquires these areas, and following construction hydrological, regimes will be restored to pre-construction conditions, and the construction will not adversely affect fishing in the long run. Any impacts on surface water resources outside the affected areas are expected to be minor, localized, and short-lived. Unlike activity following land acquisition, fishing activity will resume once the pipeline is installed. June 2004 Benin Final Draft RAP - Rev. 1 6-7 Chapter 6 6.3.5 Joblessness 6.3.5.1 Impacts on Enterprises The project does not impact commercial business enterprises. 6.3.5.1.1 Farmers and Fishermen Landowners within the affected areas will be precluded from farming and fishing once the land is acquired by WAGP. However, the impacts on ponds and rivers are not expected to be long- lasting and will have only minor impacts on income from fisheries. In addition, it is important to note that fishing is not a major activity in most affected areas. 6.3.5.1.2 Other Impacts The detours and alternative routes provided to circumvent construction works are expected to fully mitigate any impacts to business and commerce from the temporary obstruction of roads and paths crossing the ROW. No non-agricultural enterprises are located in the project-affected area. Potential impacts to fishing activities (e.g., restriction to fishing areas during construction, damage to nets, etc.) and to other forms of enterprise will be mitigated on a case-by-case basis outside the RAP, as and when a claim arises. 6.3.6 Food Insecurity 6.3.6.1 Permanent Loss of Cultivated Land The estate survey shows that the project-affected area contains 366 land plots on which various crops are cultivated (a number of plots with buildings on them also have cultivated crops). Cultivation of crops is undertaken both for subsistence and to generate income through crop sales. 6.3.6.2 Temporary Loss of Agricultural Productivity In Benin, WAPCo's access requirements will not affect land outside the project-affected area. Environmental impacts extending to areas beyond the construction site, such as the suspension of dust, are expected to be too low to affect agricultural productivity (or land use) in those areas. If the lagoon is trenched, fishing activities may be affected during the construction period. Impacts will be mitigated on a case-by-case basis outside the RAP, as and when a claim arises. 6.3.6.3 Loss of Trees and Perennial Crops The project-affected area contains coconut trees, palms, banana trees, teak, and mangoes. No fixed schedule is yet in place so it is not known at what point in the growing season construction will commence and, therefore, whether there will be fruit to remove from the fruit trees. Compensation for the crops is described in the Entitlement Matrix. June 2004 Benin Final Draft RAP - Rev. 1 6-8 Chapter 6 6.3.6.4 Loss of Annual! Seasonal Crops Crops are grown for subsistence and for sale to provide a source of income. Since no fixed schedule is yet in place, it is not yet known at what point in the growing season construction will commence and, therefore, whether the land will be bare at the point of mobilization of the construction works or whether there will be crops to remove. 6.3.6.5 Impacts on Irrigation Systems According to the estate survey, rainfed agriculture is practiced on all land plots in the project- affected area. No irrigation structures have been identified in the survey, and post construction, WAPCo may allow surface irrigation piping to cross the ROW. 6.4 Mitigation Measures 6.4.1 Types of Mitigation Proposed Mitigation measures are proposed in this section to address each impact identified in Section 6.3. These measures fall into three main categories: * Replacement of Assets * Restoration of Income Streams/Livelihood * Other Entitlements These measures are described in more detail below. 6.4.1.1 Asset Replacement Measures are proposed to replace or compensate for land, crops, structures and installations, infrastructure and facilities, and other assets lost or rendered unusable due to land acquisition for WAGP. Asset replacement measures will be of three general types: * In-kind, where land or assets of like-kind are provided to project-affected people, to replace the land or assets lost within the project-affected area * Monetary, where cash settlements are paid for land or other assets in the PAA (active real- estate market to be demonstrated and discussed here and in Chapter 4), and * Replacement and reconstruction, of facilities and infrastructure In practice, compensation will be offered in more than one kind. Specific descriptions of compensation are provided in the entitlement matrix. In-kind replacement of productive assets is generally considered a more reliable measure for ensuring the income sustainability of people who rely on these assets. However, all landowners in the project-affected area who have expressed a preference as to type of compensation for their land and assets have expressed a preference for monetary compensation over in-kind replacement. Indeed, WAPCo expects to acquire the great majority of the land and assets in the June 2004 Benin Final Draft RAP - Rev. 1 6-9 Chapter 6 PAA through willing-seller/willing-buyer transactions. WAPCo anticipates very little or no true involuntary resettlement for WAGP in Benin. 6.4.1.2 Income Restoration The landowners who will experience disruption or loss of income streams are those who cultivate crops on their own land and derive income from the production. As a general rule, landowners are expected to be able to restore income streams without further assistance once they have received compensation for their land and assets (or replacement land and assets). They will have full opportunity to replace the lost productive assets, and return to production. Further measures may be proposed to restore and ensure income-stream sustainability: * Assistance in locating and leasing similar productive assets outside the project-affected area * Job training and job placement assistance, for those wishing to move to different occupations, or * Cash payment representing a capitalization of the long-term value of an income stream This final option is appropriate only under limited circumstances, where (1) the income stream in question is relatively small, and represents a relatively minor portion of a household's overall income; and/or (2) there are clear opportunities within the local economy for the tenant to utilize this cash payment to establish a new income stream. 6.4.1.3 Other Entitlements These refer to payments or other forms of assistance provided to project-affected people to ensure smooth transition from reliance on project-affected land and assets, to their new situations. Specific entitlements are described in Table 6.4-1. Mitigation measures/compensation have not yet been considered for potential disturbance to cultural resources, because it is believed that they will be unaffected throughout the WAGP project in Benin. Potential impacts to fishing activities (e.g., restriction to fishing areas during construction, damage to nets, etc.) and to other forms of enterprise will be mitigated on a case-by-case basis outside the RAP, as and when a claim arises. 6.4.2 Summary of Entitlements Entitlements to compensation vary according to category of project-affected person and type of loss of suffered. These are summarized in the Entitlement Matrix, Table 6.4-1. June 2004 Benin Final Draft RAP - Rev. 1 6-10 Chapter 6 Table 6.4-1: Entitlement and Compensation Matrix Project-Affected People or Communities Type of Loss Asset Replacement Income-Stream Restoration Other Entitlements and Notes Land will be prepared for cultivation or the affected families will be paid an amount equivalent to land Cash compensation for moving expenses if replacement preparation to allow them do the work option is accepted. All standing crops will be If cash compensation option is selected, the lump-sum compensated in cash payment will include all relevant taxes, fees, transaction Provision of land nearby All standing trees will be costs, and other entitlements; these will not be paid out with similar characteristics compensated in cash separately. Loss of land OR All other immovable assets on Farmers will be provided with the topsoil taken from the Property Owners (irrigated, rain-fed, Cash compensation for affected land (such as barns) will be 25 meter pipeline corridor that passes through their land bare land) land based on market compensated in cash unless affected either in part or fully. The contractors will provide studies and full households ask for assistance in re- assistance to the people who wish to move the topsoil to replacement cost constructing or otherwise replacing other parts of their land. consideration these assets If replacement land offered in the vicinity of the lost land Affected people who prefer cash is not acceptable to the affected households, cash will be compensation will be informed that offered based on willing-buyer/willing-seller cash compensation fully covers all arrangements. expenses of replacement land whether or not they actually choose to buy such land Despite exclusive ownership of the pipeline corridor by WAGP, the corridor will not be fenced. People will be free to use the corridor to access different parts of their farm and/or their work, school, or other social facilities. The corridor will be leveled and be put into the pre- project conditions to allow passenger and light farm Loss of land machinery/light transport use and to avoid any Property rain-fed,owners (irrigated, ~~~~~~~~~~~~inconvenienceto farmners, livestock raisers and others Property owners (irrigated, rain-fed, using their land for productive purpose. All improvements to the affected land are taken into account. Additional compensation will be paid to cover the cost of lost irrigation infrastructure and establish new irrigation infrastructure on the new land. ALL cash compensation will be paid to the actual owners/affected people directly. There will be NO payments to third parties. June 2004 Benin Final Draft RAP - Rev. 1 6-11 Chapter 6 Table 6.4-1: Entitlement and Compensation Matrix (continued) Project-Affected People Type of Loss Asset Replacement Income-Stream Restoration Other Entitlements and Notes or Communities If cash compensation option is selected, the lump-sum In-kind provision of similar All immovable assets on affected payment will include transaction costs. asset land (such as barns) will be If more than 50 percent of the affected land plot is Lossaofsstructureet s c end(suhatd forincashwllbes affected by the project, the owner will have the option of Loss of structures OR compensated for in cash unless asking for compensation for the whole land plot. Property owners and other assets ORaffected households ask for Ohrie eeac ftepo sadtoal Negotiated cash assistance in re-constructing or Othcrwise, severance of the plot is additionally compensation otherwise replacing these assets compensated as part of cash compensation. ALL cash compensation will be paid to the actual owners/affected people directly. Cash payment for crops lost (estimated based on the average yield per unit and Loss of standing highest prices per unit in If cash compensation option is selected, the lump-sum crops present on the last 20 years in the The owner will be compensated in payment will include transaction costs Property owners land at time of closest market). cash with the expected income stream WAGP land Cash compensation from the affected asset. ALL cash compensation will be paid directly to the actual acquisition negotiated with affected owners/affected people. owners/tenants based on willing-seller/willing- buyer. ._. Cash compensation at full market value (as negotiated between willing buyer and willing seller) of the trees for standing perennial plants/fruit trees. Fruit-tree If cash compensation option is selected, the lump-sum Loss of fruit trees compensation will be based payment will include transaction costs. Property owners and perennial crops on type and number of ALL cash compensation will be paid directly to the trees on the field, age, and actual owners/affected people. size. Prices negotiated based on willing-seller/willing-buyer arrangements. June 2004 Benin Final Draft RAP - Rev. 1 6-12 Chapter 6 Table 6.4-1: Entitlement and Compensation Matrix (continued) Project-Affected People Type of Loss Asset Replacement Income-Stream Restoration Other Entitlements and Notes or Communities In-kind provision of similar asset All immovable assets on affected Loss of other OR land (such as bams) will be If cash compensation option is selected, the lump-sum compensated for in cash unless payment will include transaction costs. Property owners buildings/structures Cash compensation affected households ask for ALL cash compensation will be paid directly to the actual on land (estimated based on factors assistance in re-constructing or owners/affected people. such as building type, age, otherwise replacing these assets. architecture). Cash compensation for the timber value of lost trees If cash compensation option is selected, the lump-sum Loss of timber OR payment will include transaction costs. Property owners Los Should the landowners ALL cash compensation will be paid directly to the actual desire, seeds and seedling owners/affected people. There will be NO payments to will be provided instead of third parties. cash. Cash compensation for full If cash compensation option is selected, the lump-sum restoration of fiSsh pOnduS LossrofefishpondtoratNotapplicablendpayment s will include transaction costs. ALL cash compensation will be paid directly to the actual In-kind restoration of owners/affected people. fishing pond Cash compensation, If cash compensation option is selected, the lump-sum Property owners Loss of swamps estimated at 70 percent of Not applicable payment will include transaction costs. the replacement value of ALL cash compensation will be paid directly to the actual bare land. owners/affected people. Same compensation options, as identified for other landowners. Every effort has been made to locate the absentee owners Same and let them know of their entitlements under the project. compensation Same compensation options, Same compensation options as As a result, absentee owners have been identified and Absentee owners options, as as identified for other identified for other landowners. informed of their entitlements. Should new absentee identified for other landowners. owners be identified during the feedback process, they landowners. will be included among beneficiaries. The entitlements due these owners will be put in an escrow account; when the owners are found, payment with due interest will be made out of the escrow account. All households optedfor cash compensation option despite the fact that in-kind alternatives have been offered to them. They can change their minds until they sign the Letter of Intent (LOI) for land acquisition. June 2004 Benin Final Draft RAP - Rev. 1 6-13 Chapter 6 6.4.3 Implementation Considerations The following factors will be considered in implementing the mitigation measures described above: * Identifying all joint owners; as many absentee owners and heirs of deceased owners as possible * Determining availability of equivalent land and whether an active land market exists * Determining price of equivalent land in vicinity * Timing of compensation * Method of making monetary compensation payments, etc. * Determining which landowners should receive replacement land, and which should receive monetary compensation based on the preference of the owner June 2004 Benin Final Draft RAP - Rev. 1 6-14 Chapter 7 Chapter 7 Public Consultation and Disclosure The World Bank Group's policies on resettlement, land acquisition, and compensation provide a framework for a public consultation and disclosure process as well as establish measures to redress the grievances of affected people.' For the purposes of WAGP preparation in Benin, public consultation and disclosure activities were based on broad participation of all stakeholder groups including the affected population, local community leadership, and civil society as well as the relevant government representatives participating in the project. These activities have been essential for gaining a comprehensive understanding of the types and degrees of project impacts despite the fact that these impacts are considered of relatively low magnitude. Public consultation and disclosure is a key element of WAGP, since it formally provides an opportunity for the widest range of stakeholders, both within Benin and internationally, to participate in activities associated with project design, implementation, and monitoring, including providing feedback to the RAP. The establishment of a process to redress grievances allows WAGP to deal proactively with issues in the interest of solving any such grievances before having to resort to use of the formal legal system. The World Bank Group guidelines formulated in OP 4.12 and, in particular, the IFC's 'Doing Better Business through Effective Public Consultation and Disclosure: A Good Practice Manual,' provide action-oriented guidelines aimed at ensuring both effective and meaningful consultation. These guidelines stress the need for the project to ensure that the process of public consultation is accessible to all potentially affected parties. Emphasis is placed on the engagement of the affected people who will lose their land and other immovable project assets. They should be involved in various key stages of its preparation and implementation, including identification, valuation and/or dispute resolution aspects of the land acquisition process. To conform to the World Bank Group policy guidelines, WAGP in Benin will ensure that * All stakeholders have access to project information * Information provided can be understood * Meeting locations are accessible to all who want to attend; and, where not easily accessible WAGP will provide transportation to consultation/meeting locations * Affected households and other entities have a meaningful say in the design and implementation of the land acquisition and RAP, and * Measures are put in place to ensure communication with vulnerable or minority groups This chapter describes the public consultation and disclosure activities that WAGP has undertaken in support of the RAP as a part of its commitment to engage in consultation with key stakeholders and project-affected persons during RAP's design, implementation, monitoring and ' For WAGP, these policies include the World Bank's OP 4.12 on Involuntary Resettlement and manual 'DoingBetter Business Through Effective Public Consultation and Disclosure: a Good PracticeManual. June 2004 Benin Final Draft RAP - Rev. 1 7-1 Chapter 7 evaluation.2 The summary contained here covers project activities that have taken place through mid-May 2004.3 Consultation activities to date are described in Section 7. 1, and a summary of feedback is described in Section 7.1.2. Details of the RAP disclosure process are found in Section 7.2, and grievances and dispute resolution action plans are outlined in Section 7.4. 7.1 Participation and Consultation Activities The World Bank Group guidelines stipulate a process of consultation that includes the following elements: * Identifying stakeholders (owners and users of affected immovable assets) and ensuring adequate mechanisms for stakeholder feedback and information sharing * Informing representatives of affected people, including local government, village leaders, and independent estate surveyors recruited by the affected people, of the project plan * Ensuring, directly or through people's representatives, that all directly affected populations (or claimants who include landowners) are informed of the project, need for land acquisition, type of proposed compensation measures, and duration of alternative land use arrangements, where applicable * Briefing all WAGP line managers and staff who will interact with affected people on the anticipated effects of the WAGP project and the measures to mitigate its land acquisition and resettlement impacts * Arranging for the responsible government agency to issue formal notice after the completion of a census and dissemination of a public notice on the eligibility for compensation that covers issues pertaining to asset valuation methods * Declaring a clear cut-off date to ensure that no new building construction of capital improvements are made on the directly affected lands * Preparing WAGP to compensate affected stakeholders for all immovable assets, including 4 improvements made on the land during the period after preparation of the asset inventory * Preparing WAGP to update the asset inventory and valuations used as the basis of 5 negotiations if there is a delay in the final investment decision and land acquisition 2 In addition, during the ESIA preparation and disclosure process, public meetings and workshops have facilitated discussions on the land acquisition process that will be referenced throughout this RAP. 3The legislative basis of the public consultation and disclosure procedures for the RAP are also described in Chapters 3 and 5 of this report. 4 The Estate Survey, including the inventory of affected lands and of other assets, was initiated in late in 2002 and completed by early 2003. The 'cut-off' date was established by posting the information concerning the affected assets in November 2003. 5 In May 2004, WAGP has drafted a Letter of Intent (Chapter 5) communicating, once more, to the affected populations the price offered for their assets and crops and stating that the offer would be valid until the end of 2004 and would be subject to the Final Investment Decision (FID). Appropriate modifications would be made in the content of the letter should the FID be delayed. June 2004 Benin Final Draft RAP - Rev. 1 7-2 Chapter 7 * Preparing an illustrated information booklet with details on eligibility, an implementation timetable, and applicable grievance procedures as part of the disclosure process * Establishing a system for gathering feedback on RAP implementation from all affected groups and communities * Launching participatory monitoring and evaluation processes, and * Preparing and issuing regular RAP information updates WAGP has demonstrated its commitment to meet and comply with international standards concerning public consultation and disclosure of the RAP implementation, and to make it appropriate in the local country and community context. Additionally, WAGP has undertaken activities within the preparation of its ESIA that include a comprehensive consultation and disclosure process, i.e., public meetings and workshops that facilitate discussions on the land acquisition process. The following sections of this chapter present the content of these activities and measures that aim to ensure participatory completion and implementation of the RAP. Stakeholder Identification and Consultations with the directly affected land owners/users were initiated early in the ESIA process. During asset inventory preparation, WAGP conducted the census of affected claimants and assets that will be used as a basis for negotiating compensation (land/asset purchase) and updating affected assets. All national ministries were consulted systematically, with a particular focus on resettlement, and asset and land acquisition issues. Local Community Representatives have been informed both during the ESIA and throughout the basic and detailed engineering phases of the project by WAGP staff. RAP Preparation was based on direct consultation with specific groups of affected populations. In addition, a working structure has been established with the project Land Acquisition Team, External Affairs, and the Estate Survey Team. Additional information was sought from all parties and agencies included in Table 7.1. RAP Dissemination upon completion of its report to national and provincial public agencies and affected communities for review. Through the project's website, the report, in English and French, will be available to all interested national, community, and international organizations. RAP Updates will be prepared and made available through a well designed and adequately financed participatory system of internal and expert monitoring. Public Notice for land acquisition will be given within nine months of the land acquisition. However, should the final investment decision (FID) be delayed beyond the time period stipulated in land acquisition agreements and letters of intent, a new notice will be issued. Such a notice will be publicly displayed and a letter of intent sent to each affected person and community. Line Managers and Staff of WAGP, as well as the land acquisition team in Benin, have been informed of the activities and are aware of the consultation and disclosure requirements. They are also well informed in international policies, standards, and best practices. June 2004 Benin Final Draft RAP - Rev. 1 7-3 Chapter 7 7.1.1 Stakeholder Identification and List of Key Stakeholders Identification of stakeholders for the purposes of the RAP has been achieved through the following actions: * Environmental and social impact assessment (ESIA) conducted by an international consulting firm, ICF Consulting (August 2002 to December 2003) * Needs assessment and community development consultations conducted by WAGP (continuous throughout 2003 and early 2004) * Pipeline route surveys conducted by local consulting firms, Rudan (September to November 2002) * Mapping and census of affected land plots as part of onshore survey efforts and population density reports conducted by WAGP (September 2003 to November 2003) * Estate surveys conducted by Betib Sarl (September 2003 to November 2003) * Permitting workshops and community hearings (December 2003) to receive feedback on land acquisition activities * Workshops/hearings preceded by a three-week public notice period, during which RAP information, including land/asset inventory surveys and other project information, was 6 displayed and followed by a three-week post workshop feedback period * Ongoing communications in the media asking landowners to come forward either individually with questions, including a public notice/display/workshop/hearing program, with various individual and group meetings either initiated by WAGP or in response to requests for discussion from stakeholders (December 2003 to present) * Interfacing with local, regional, and national governments (August 2002 to present) 7.1.2 Information Provided to Stakeholders and Feedback Mechanisms Official Front End Engineering Design (FEED)/Public Display Package (PDP) documents were publicly displayed in November 2003 at various locations announced via radio, newspapers and public notices posted in the vicinity of the R&M stations and along the Right of Way (ROW). Feedback has been solicited both during and after public meetings, in both verbal and written forms. Comments could be sent or delivered to the WAGP representative in the country, to technical authorities, or to WAPCo external affairs (EA), communications, and community relations managers in Benin. The methods of contacting the various stakeholder groups listed in Table 7.1 included consultation visits, meetings, letters, advertisements, radio announcements, and posters. 6 This feedback period has been extended by another three weeks to give affected claimants and their representatives ample time to dialogue with WAPCo. June 2004 Benin Final Draft RAP - Rev. 1 7-4 Chapter 7 Table 7.1: Benin Key Stakeholders for Land Acquisition and Resettlement Estate Surveyors Department of Properties, Registration, and Stamps Landowners Ministry of Mines, Energy, and Hydraulics Residents of Communities in the Vicinity of Local Community Leaders (Village Chiefs) WAGP Bureau of Land Navy Ports Authority The National Geographic Institution NGOs Director of Natural Resources Director of Fishing Affairs Director of Civil Protection Director of Hygiene Ministry of Finance and Economy Ministry of Accommodation, Environment, and Urban DevelopmentUrban Development Beninese Environmental Protection Agency WAGP/WAPCo 7.1.3 Needs Assessment and Community Needs Identification The Participatory Needs Assessment (PNA) conducted for WAGP and numerous consultations with the affected communities provided support for WAPCo's efforts in promoting its corporate social responsibility agenda. As a result, a Community Development Program (CDP) will be established in the project-affected communities as well as those near project operations. This program will supplement all compliance requirements to address socioeconomic impacts and will be carried out at the sole discretion of WAGP but in consultation with communities in the vicinity of the pipeline infrastructure. People expressed their desire to be assured that an effective CDP will be created aimed at compensating the communities for the inconvenience as well as risks they are assuming by 'hosting' the project. WAGP External Affairs as well as the Management Team feel that a CDP would be the key to the success of WAGP operations and to building trust with the communities. These programs, especially those in the directly affected communities, are also important for providing the 'developmental inputs' for the affected population since they insist on cash payments instead of land-for-land arrangements. These WAGP activities, among many preliminary efforts that have encouraged community members to identify and prioritize their own needs, have been filtered through a set of project "value drivers" to determine which projects will have the greatest impact on health, education, income generation, etc. This approach replaces "top down" models of assistance and corporate philanthropy. WAPCo "value drivers" include: June 2004 Benin Final Draft RAP - Rev. 1 7-5 Chapter 7 1. Impact Spreading benefits as evenly as possible within impacted communities with an aim toward poverty alleviation through high "value added" social and economic initiatives 2. Sustainabfity Local "ownership" of projects, encouraging self-reliance and avoiding dependency 3. Project Management Partnership opportunities, transferability, optimizing existing resources, and minimizing direct WAGP involvement in implementation During the initial two-year construction period, the project will focus on providing educational and healthcare support, as well as monitoring the overall fixed budget commitments towards finalization of these objectives. The PNA also identified future opportunities in terms of income generation and capacity building that will be incorporated into later phases of the operating budgets. 7.1.4 Qualitative Assessment of Community Responses to the Proposed Project WAGP representatives carried out consultations in all seven project-affected communities. Consultations were held with community members, including landowners. With respect to impacts, people expressed their concerns about future losses associated with their land investments, including costs associated with purchase, building structures, and improvements as well as physical labor. Many people felt uncertain about whether the compensation to be given would be sufficient to cover their losses and provide opportunities to secure their future livelihoods. People expressed the need to receive compensation payments directly into their own bank accounts, where possible. They also emphasized that they must be publicly notified of all payments to avoid inadequate payments. Participants in the meetings referred to previous bitter experiences with the CEB's Maria Gleta project that also involved land acquisition. Subsequent consultations by WAGP on all these issues have contributed to building trust with the communities that their demands will be fully met in terms of both compensation type and levels. Many stakeholders expressed satisfaction that WAGP is dealing with their concerns individually, without recourse to intermediaries. 7.2 General Project Consultations and Feedback In addition to the Stakeholder Identification activities listed in Section 7.1. 1, the WAGP team (Communication, Community Relations, External Affairs, and Land teams) has conducted a number of consultations in all project-affected communities in Benin. Many earlier consultations conducted for the ESIA and PNA focused on building project awareness and educating stakeholders about the WAGP pipeline and RAP related matters. The consultation process is summarized in Figure 7.2-1. June 2004 Benin Final Draft RAP - Rev. 1 7-6 Chapter 7 Figure 7.2-1 Community Consultation Process-Benin . - Nolcod j.nuzi . 'i P2.nod. N_, hsx .~ POW NIM. LJ .KL W~~~O.. 14% .I _-p~b.~a.I . . : l Table 7.2-1 lists the meetings during which land acquisition and compensation were discussed. Table 7.2-1 Benin: Community Meetings Involving RAP Discussions Date City Date City 1/24/2001 Cotonou 8/28/2003 Akouehonou 7/22/2003 Cotonou 8/28/2003 Akouehonou 7/22/2003 Cotonou 8/28/2003 Akou&honou 7/22/2003 Cotonou 8/28/2003 Akouehonou 7/23/2003 Sodo 8/28/2003 Akouehonou 7/26/2003 Akouehonou 8/28/2003 Cotonou 7/30/2003 Hio Houta 8/28/2003 Maria Gleta 8/8/2003 Cotonou 8/29/2003 Acadjrame 8/9/2003 Awake 8/29/2003 Cotonou 8/11/2003 Sodo 8/29/2003 Cotonou 8/12/2003 Zoketome 8/29/2003 Maria Gleta 8/14/2003 Akouehonou 8/29/2003 Togba 8/14/2003 Akouehonou 8/30/2003 Akou6honou 8/14/2003 Akouehonou 8/30/2003 Akouehonou 8/14/2003 Akouehonou 9/2/2003 Maria Gleta 8/14/2003 Sodo 9/4/2003 Akouehonou 8/14/2003 Sodo 9/4/2003 Togoudo 8/14/2003 Vinawa 9/6/2003 Abomey-Calavi 8/16/2003 Awake 9/6/2003 Abomey-Calavi 8/16/2003 Awake 9/6/2003 Abomey-Calavi 8/16/2003 Hio Houta 9/8/2003 Cotonou 8/16/2003 Hio Houta 9/9/2003 Akouehonou 8/16/2003 Tankpe 9/9/2003 Akouehonou 8/18/2003 Akouehonou 9/9/2003 Cotonou 8/21/2003 Cotonou 9/10/2003 Akouehonou June 2004 Benin Final Draft RAP - Rev. 1 7-7 Chapter 7 Date City Date C ity 8/21/2003 Cotonou 9/11/2003 Cotonou 8/21/2003 Cotonou 9/11/2003 Cotonou 8/21/2003 Cotonou 9/12/2003 Sodo 8/22/2003 Togoudo 9/12/2003 Zok.tom6 8/23/2003 Houto 9/12/2003 Zoketome 8/25/2003 Togoudo 9/13/2003 Awake 8/26/2003 Acadjame 9/14/2003 Akouehonou 8/26/2003 Sodo 9/15/2003 Vinawa 8/27/2003 Acadjame 9/15/2003 Vinawa 8/27/2003 Awake 9/15/2003 Vinawa 8/27/2003 Cotonou 9/15/2003 Vinawa 8/27/2003 Hio Houta 9/15/2003 Vinawa 8/27/2003 Hio Houta 9/15/2003 Vinawa 8/27/2003 Hio Houta 9/15/2003 Vinawa 8/27/2003 Hio Houta 9/21/2003 Awaka 8/27/2003 Hio Houta 9/29/2003 Cotonou 8/27/2003 Hounmasse 10/1/2003 Acadjame 7.2.1 RAP Consultations WAGP representatives carried out consultations in all seven communities that will be directly impacted by project land acquisition activities. Consultations were held with community members, including both male and female landowners. Every attempt was made to locate absentee landowners and ensure their representation in meetings. With respect to impacts, people expressed their concerns about future losses associated with their land investments, including costs associated with purchase, building structures, and improvements as well as physical labor. WAGP has assured them that their interests will be fully protected. Participants in the consultations referred to previous bitter experiences with the Maria Gleta CEB project involving a land acquisition. 7 Because they felt deceived and unjustly compensated by the CEB, they raised concerns regarding the guarantee on compensation and how the compensation process would be carried out. Engaging communities as well as their respective local government agencies in the very process of RAP implementation has been considered a priority of WAGP's strategy. To avoid errors 7 Communaute Electrique du Benin (CEB) is in the process of building a power plant that involves land acquisition in the community of Maria Gleta. June 2004 Benin Final Draft RAP - Rev. 1 7-8 Chapter 7 while implementing the project, WAPCo management, including communication, community relations, and external affairs managers, decided to pursue a comprehensive strategy aimed at building good working relationships with the affected communities. The emphasis has been put on building trust and cooperation with the individual landowners and other affected people (i.e., tenants) as well as community leadership and interest groups. WAPCo also brought to its staff's attention the areas of concern ("hot spots or red flags") to be reported on and addressed in a timely manner.8 Accordingly, continuous efforts must be made to disseminate the project-related information to communities by means of focus group discussions and community education and advocacy engagement that will require regular WAPCo staff (including management team members) participation. Consultations also highlighted some WAGP concerns with regard to the current status of the land acquisition and the future of the RAP. One of the issues revealed that some people are purposely buying lands within the ROW so they will be compensated by the project. Others, e.g., in Akadjamey, are selling their plots, which will complicate the land acquisition procedures in cases where landowners have already been identified and their names documented. 7.2.2 Summary of Feedback Received With Respect to RAP Consultations Feedback received during the 2003 consultations is summarized below. All feedback has already been acted upon, and the people have received satisfactory responses. * Not everybody in Pahou arrondissement (commune of Ouidah) has been informed about the land survey work.9 * Landowners do not clearly understand the land-for-land resettlement options available to them.'° * There is a need to better explain to the affected population the basis on which the lands are being valued. * The affected people stress the paramount importance of fair and timely compensation to restore their livelihoods. * Suggestions were made to sign the contract with landowners before the final investment decision (FID)." * The consultation revealed that many affected plots are not properly documented (i.e., land property certificates are missing). 2 8 According to the discussions with regard to the Estate Survey results, careful attention must be paid to Acadjamey, Akouehonou, Sodo and Awake communities. 9 This has since been done. '° Replacement land within the same communities as those where land will be lost has been identified. Nevertheless, the people subsequently preferred cash compensation. " Letter of Intent to be signed by the affected people was drafted in May 2004. 12 WAGP has since worked on this issue to facilitate the smooth transfer of land from owners to the project. June 2004 Benin Final Draft RAP - Rev. 1 7-9 Chapter 7 7.3 RAP Disclosure The following process will be used to disclose the RAP: * WAGP will place the RAP in designated places, at least through the construction phase- mayor's offices, town halls and or/libraries in Abomey-Calavi, Ouidah, and Cotonou as well as the Ministry of Mines, Energy, and Hydraulics, Bureau on Lands, and National Geographic Institute, among other places. * WAGP will run public notices in the newspapers publicizing the availability of the RAP in designated places-mayor's offices, town halls and or/libraries in Abomey-Calavi, Ouidah, and Cotonou as well as the Ministry of Mines, Energy, and Hydraulics, Bureau on Lands, and National Geographic Institute, among other places. * WAGP will advise External Affairs to maintain contact with the relevant ministries and agencies, local communities, and individuals. The World Bank Groups requires that the RAP be submitted both locally and internationally for a comprehensive public review. Once approved for public disclosure, the RAP will be made available via the World Bank InfoShop. In addition, short brochures will be printed and distributed to inform people of RAP implementation arrangements in the affected areas. 7.3.1 Information Gathering and Update for RAP Disclosure Since early 2004, WAPCo has been carrying out a series of RAP activities implemented as part of RAP disclosure. These include * Disclosure of the compensation process and principles at public workshops and in affected villages with opportunities for affected people to provide feedback. Special effort has been and will continue to be made by WAGP External Affairs staff to determine the extent to which the public understands the land acquisition and compensation procedures and to manage the potential for unrealistically high expectations. * Completion of the inventory of affected assets with full participation of the landowners and users as a follow-up to posting these assets in public places in March 2004. * Verification and update of the census of landowners and users during the notification 13 meetings prior to acquisition of land (should the final investment decision be delayed). 13 WAGP will also seek opportunities for identification of absentee owners and keep custody of entitlements/provisions for them in other countries. If some owners are outside the area at the time of land acquisition, the bank accounts will be obtained either directly from them or from their resident kin. June 2004 Benin Final Draft RAP - Rev. 1 7-10 Chapter 7 7.3.2 Response to Disclosure Feedback received after the draft RAP has been disclosed will be collected and reviewed, and amendments will be considered during the RAP finalization (approximately 120 days after initial disclosure via the World Bank Group's InfoShop). 7.4 RAP Grievances and Dispute Resolution Prior to and During Land and Asset Acquisition This section describes the avenues for project-affected people to use to make a complaint or express a grievance against WAGP, its staff, or contractors. It also describes the procedures, roles, and responsibilities for addressing grievances and resolving disputes. Outcomes of the grievance process will be verified as part of resettlement monitoring (Chapter 8). The focus of the project grievance resolution process is to achieve prompt redress for complaints at the project level. Bringing a grievance into the judiciary system will be used only as a last resort. The objectives of the grievance process are as follows: * Provide affected people with avenues for making a complaint or resolving any dispute that may arise during the course of land and asset acquisition, including during the process of moving homes * Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints * Verify that complaints are satisfied with outcomes of corrective actions * Avoid the need to resort to judicial proceedings 7.4.1 Description of the Existing System The general steps of the grievance process are described below. A flow chart outlining the main actions and decision points is show in Figure 7.4-1. June 2004 Benin Final Draft RAP - Rev. 1 7-11 Chapter 7 Figure 7.4-1: Grievance Process in Benin Step 1: Receipt of Complaint A complaint received verbally or in writing is recorded in a Grievances Log. WAGP External Affairs will maintain the log during construction and after the operation phase commences. The log entry will contain: * date and description of the grievance * details of the person lodging the complaint * name/position of the person recording the entry * document references if the grievance is filed in writing * resolution efforts and dates (following Steps 2-4 below) Step 2: Determination of Corrective Action The party responsible for maintaining the log (see Step 1) will determine a corrective action in consultation with the person lodging the complaint, if necessary. A description of the action, time frame in which the action is to take place, and party responsible for implementing the action will be recorded in the log. If appropriate, the individual grievance and corrective action will be reviewed in terms of project policy and procedures to determine if any changes to the current system are warranted. This review will aid in avoiding similar grievances in the future. Step 3: Meeting With the Party Who Initiated the Complaint The proposed corrective action and the timeframe in which it is to be implemented will be discussed with the complainant within 30 days of receipt of the grievance. Written agreement to proceed with the corrective action will be sought from the complainant (via an appropriate Resolution Agreement formn). If no agreement is reached, Step 2 will be revisited. Step 4: Implementation of Corrective Action WAPCo will carry out the corrective action within the agreed timeframe. The date of the completed action will be recorded in the Grievance Log. Step 5: Verification of Corrective Action A WAPCo representative will approach the party who lodged the complaint to verify that the corrective action has taken place. A signature of the complainant will be obtained and recorded in the log and/or on the Resolution Agreement form described in Step 3 above. If the complainant is not satisfied with the outcome of the corrective action, additional steps may be carried out to reach agreement between the parties. If additional corrective action is not possible, other avenues may be necessary. Step 6: Alternative Action If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complainant has the option to pursue appropriate recourse as provided in compensation contractual documents (as appropriate) as well as mediation via local or traditional authorities, or judicial processes in Benin. June 2004 Benin Final Draft RAP - Rev. 1 7-12 Chapter 8 Chapter 8 Monitoring and Evaluation 8.1 Objectives Monitoring and evaluation (M&E) procedures establish the effectiveness of all land and asset acquisition and resettlement activities as well as the measures designed to mitigate adverse social impacts. The purpose of resettlement M&E in Benin will be to verify the following: * Actions and commitments described in the RAP are implemented fully and in a timely manner. * Eligible people and communities receive their full compensation prior to the start of construction activities in their respective areas. * RAP actions and compensation measures have helped people who sought cash compensation to restore their lost incomes and sustain or improve pre-project living standards. * Complaints and grievances lodged by project-affected people are followed up on and, where necessary, appropriate corrective actions are taken. * If necessary, changes in RAP procedure are made to improve delivery of entitlements to project-affected people World Bank Group policy (OP 4.12) states that the project sponsor is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel through which the affected persons can communicate their needs and reactions to resettlement execution. The sponsor's monitoring and evaluation activities and programs should be adequately funded and staffed. In-house monitoring may need to be supplemented by independent monitors to ensure complete and objective information. Accordingly, WAPCo bears the primary responsibility for monitoring as the project sponsor already has a land acquisition team, an environmental and social team and an implementation- monitoring unit. These different groups, in cooperation with each other and with guidance from the Community Relations Department will monitor the project. The ultimate responsibility for all RAP monitoring activities will be with this department, reporting to the project director. WAPCo will also support expert monitoring by the panel of experts described in Section 8.4. June 2004 Benin Final Draft RAP - Rev. 1 8-1 Chapter 8 8.2 RAP Monitoring Framework There are four components of the monitoring framework for the WAGP project: * Internal monitoring by WAPCo * Impact monitoring commissioned to a specialized firm * Monitoring by a panel of experts, and * RAP completion audit The scope of each type of monitoring is briefly described in the following sections. The roles and responsibilities for internal and external monitoring are discussed, along with the reporting, staffing, and resources needed for the monitoring program. The establishment of appropriate indicators in the RAP is essential because what is measured is what will be considered important. To effectively report on the effectiveness of RAP implementation, WAPCo, as the project sponsor, will monitor the following key indicators, in keeping with World Bank Group requirements: * Timely disbursement of compensation and receipt of compensation by the right persons * Public consultation and grievance procedures in place and functioning, and * Physical progress of resettlement and rehabilitation, where applicable WAPCo's monitoring will provide the RAP management team with feedback on RAP implementation and help ensure that adverse impacts on affected people are mitigated in a timely manner. M&E will be the main mechanism to alert management of any delays and problems and will help WAPCo measure the extent to which the main objectives of the resettlement plan have been achieved. The RAP will provide a coherent monitoring plan that identifies the organizational responsibilities, methodology, and schedule for monitoring and reporting. The three components of the monitoring plan are internal performance monitoring, impact monitoring, and completion audit; supplemented and verified by the monitoring efforts of an independent panel of experts specializing in land acquisition and resettlement issues, as outlined in Table 8.2-1. RAP monitoring and evaluation activities will be adequately funded as indicated in Chapter 9, implemented by qualified specialists, and integrated into the overall project management system. June 2004 Benin Final Draft RAP - Rev. 1 8-2 Chapter 8 Table 8.2-1: RAP Monitoring Framework Type of Source of Responsibility for Feuny ComponentAcmoetiiyDt Information/ Cnorleation DataInformation/ Collection DataAnalysis, Collection, and ArdienceRuinepfortn for ActivityData Collected Methods ReportingReotn Internal Measurement of Quarterly narrative WAPCo RAP land Semi annual or as Performance input, process, status and acquisition team, required by Monitoring output, and compensation including WAPCo RAP outcome indicators disbursement community management team against proposed reports relations and lenders timeline and representatives budget, including compensation disbursement Impact Monitoring Tracking Annual quantitative WAPCo RAP land Annual effectiveness of and qualitative acquisition team, inputs against surveys. Regular including external baseline indicators public meetings affairs and other representatives Assessment of coslainwt affected people's consultation with Panel of Experts satisfaction with project affected inputs, processes, peo rview and outputs gnevance mechanism outputs. Completion Audit Assessment that all External Contracted external On completion of RAP components assessment/sign-off auditing and RAP timetable. implemented, with report based on evaluation auditor a representative performance and comparison of the impact monitoring PAP situation reports, before and after independent RAP surveys, and implementation consultation with affected persons The establishment of appropriate indicators in the RAP is essential because what is measured is what will be considered important. Indicators will be created for affected people as a whole, for key stakeholder groups, and for special categories of affected groups such as women. Key performance indicators for monitoring are commonly divided into four categories for World Bank Group-financed activities: * Input indicators include the resources in terms of people, equipment, and materials that go into the RAP. Examples of input indicators in the RAP include: (i) sources and amounts of funding for various RAP activities, and (ii) establishment of the Land Acquisition Team. June 2004 Benin Final Draft RAP - Rev. 1 8-3 Chapter 8 * Output indicators concern the activities and services produced with the inputs. Examples of output indicators in the RAP include: (i) database for tracking individual plot compensation, and (ii) payment of compensation for loss of land or assets. * Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. Examples of process indicators in the RAP include: (i) creation of grievance mechanisms; (ii) establishment of stakeholder channels so they can participate in RAP implementation, and (iii) information dissemination activities. Outcome' indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the project. They measure whether compensation is paid and received as well as whether affected populations who preferred cash compensation to the in-kind options offered could use compensation payment for investments that would give them sustained income. The most important indicators for the RAP in the near term concern outputs, processes, and outcomes since they define whether the planned level of effort is being met and early implementation experience used to modify/redesign RAP features. In the medium-to-long term, outcome and impact indicators are critical since they are the ultimate measures of RAP effectiveness in restoring people's livelihoods. 8.2.1 Reporting RAP monitoring reports will be prepared in accordance with World Bank Group guidelines. They will include the following: * Internal Monitoring * Expert Monitoring * Completion Audit * Land Acquisition and Compensation 8.2.2 Staff and Monitoring The WAPCo RAP management team as defined in Chapter 5 will oversee all aspects of monitoring and evaluation, and provide high-level review of internal performance and impact monitoring and associated reports. The management team will be supported by WAPCo's land acquisition team supplemented by staff with appropriate skills to carry out the following: (i) RAP project resettlement requirements as defined by this RAP (ii) Gathering and presentation of monitoring indicators to be used (iii) Reporting requirements and formats ' The outcome of the RAP in restoring incomes and livelihoods will require a variety of indicators given the differences in the baseline conditions among the three broad regional groupings, and the many sub-regional characteristics of the affected people along the length of the pipeline. A challenge for the baseline reporting and participatory establishment of the M&E indicators is to determine which indicators are most appropriate for particular situations. This may result in a variety of indicators for different groups, areas, and development levels. June 2004 Benin Final Draft RAP - Rev. 1 8-4 Chapter 8 As discussed in Chapter 5, the primary responsibility for the land acquisition team will fall under the Community Relations Supervisor, reporting to the WAGP Project Director. Currently, the WAGP Project Team Community Relations Department has been overseeing community liaisons with project-affected households. External Affairs Department staff members are highly knowledgeable about the community situations as they have been able to establish good working relationships. The WAPCo land acquisition team, in cooperation with other relevant units and through the community relation's team, will submit quarterly status reports and be responsible for carrying out the following monitoring tasks with respect to RAP implementation: * Identify breaches of RAP plans, and recommend corrective action * Verify that all assets are compensated for fully prior to the start of construction in affected land plots * Verify that all land-for-land arrangements are complete * Monitor performance of the construction contractor with respect to land and crops not compensated for or acquired prior to the construction start * Monitor the construction contractor's land reinstatement activities The project will also establish mechanisms for participatory M&E consistent with the guidelines of the World Bank Group. This activity will be designed during the RAP implementation initial phase based on consultations to be launched. 8.3 Internal Performance Monitoring Performance monitoring is an internal management function that will allow WAPCo to measure physical progress against milestone input, process, output, and outcome indicators established in the RAP. 8.3.1 Types of Information/Data Collected The information used in internal performance monitoring will include assessment of the milestones outlined in Table 8.3-1 below: June 2004 Benin Final Draft RAP - Rev. 1 8-5 Chapter 8 Table 8.3-1: Intemal Performance Monitoring Milestones Indicator Type Milestone Input * Updated asset inventory if more than a year elapses between the cut-off date and the declaration of the final investment decision (FID) and/or the start of the land acquisition payments * Comprehensive socioeconomic monitoring of affected peoples against which changes and impacts can be assessed Output * Valuation and determination of compensation for affected assets conducted in accordance with relevant legislative frameworks (to be updated before FID) * Public meetings held Outcome * Compensation payments disbursed * Settlement of land/resource access claims * Income restoration and development activities as appropriate * Grievance redress activities * If chosen as an option, land-for-land arrangements completed, whether the affected populations seek project support or cash compensation * Monitoring and evaluation reports submitted 8.3.2 Source of InformationlData Collection Methods * Performance monitoring of the RAP will be integrated into the overall project management to ensure that RAP activities are synchronized with all project implementation activities. Various methods will be used to monitor progress against the milestones established in the RAP, such as: * Interviews of random sample of affected people, using open-ended discussions to assess their knowledge and concerns regarding the land and asset acquisition process, their entitlement, and rehabilitation measures * Preparation and implementation of a socioeconomic monitoring survey to be implemented at the time of acquisition of each affected plot with a representative sample of affected owners/tenants * Update of baseline survey within 18 months of land acquisition * Public consultations with affected people at village or town levels as well as in-depth interviews with community leaders and estate surveyors who represented the people in land acquisition negotiations to facilitate willing-buyer/willing-seller arrangements, and * Case studies of grievances Information will be collected and compiled in the quarterly narrative status and compensation disbursement reports. June 2004 Benin Final Draft RAP - Rev. 1 8-6 Chapter 8 8.3.3 Responsibility for Data Collection, Analysis, and Reporting The WAPCo land acquisition team will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect relevant data in a standardized format. 8.3.4 Frequency of/Audience for Reporting Performance monitoring reports for the WAPCo RAP management team will be prepared at regular intervals (semi-annually), beginning with the commencement of any activities related to land acquisition. These reports will summarize information collected and compiled in the quarterly narrative status and compensation disbursement reports, and highlight key issues arising. As a result of this monitoring, WAGP management will be advised of necessary improvements regarding RAP implementation. 8.4 Impact Monitoring Impact monitoring gauges the effectiveness of the RAP and its implementation in meeting the needs of the affected population. WAPCo's land acquisition team will commission a socioeconomic impact monitoring study in consultation with the external and independent panel of experts. WAPCo's RAP management team and the panel will review results. The results of impact studies and internal monitoring efforts will be available through WAPCo's regular information outlets, including its webpage. Impact monitoring will enable WAPCo to do the following: * Assess resettlement effects * Verify internal performance monitoring, and * Make needed adjustments in RAP implementation, as required. 8.4.1 Type of Information/Data Collected To measure the project impact and assess the effectiveness of project impact mitigation measures, WAPCo will evaluate various categories of quantitative economic, public health, and social indicators at the household and/or individual level, as appropriate. Tracking this type of data will allow WAPCo to determine the following RAP implementation and impact information: * Extent to which quality of life and livelihood has been restored, and * Whether project-affected Persons have experienced any hardship as a result of the project 8.4.2 Source of Information/Data Collection Methods Impact monitoring data will be collected at appropriate intervals through qualitative and quantitative surveys, and include a review of grievance mechanism outputs. WAPCo intends to directly consult with the affected populations through regular public meetings. June 2004 Benin Final Draft RAP - Rev. 1 8-7 Chapter 8 8.4.3 Responsibility for Data Collection, Analysis, and Reporting The WAPCo land acquisition team will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect and review relevant data in a standardized format. 8.4.4 Frequency of/Audience for Reporting Impact monitoring data will be reported to the RAP management team and relevant external agencies annually, or more frequently as required. 8.5 External Monitoring WAPCo will support external monitoring of the RAP by an independent panel of experts who will evaluate annually process, output, outcome, and impact indicators in Benin. Reports of the external monitoring auditor will be made available to the public in the region as well as internationally. It is also expected that the World Bank will annually monitor the RAP as well as internal and external monitoring and evaluation efforts to ensure that World Bank Group guidelines are being respected. 8.6 Completion Audit World Bank Group guidance (OP 4.12) states that upon completion of the project, the sponsor oversees an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and impacts of resettlement monitoring. If the assessment reveals that these objectives have not been realized, the sponsor proposes follow-up measures that may serve as the basis for World Bank Group supervision, as deemed appropriate. The audit will allow WAPCo, legal authorities, guarantors, and external stakeholders to verify that all physical inputs committed to in the RAP have been delivered and all services provided, and that land acquisition and compensation have been completed in compliance with OP 4.12. The audit will also evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. June 2004 Benin Final Draft RAP - Rev. 1 8-8 Chapter 9 Chapter 9 Resettlement Budget and Financing The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. An itemized budget is presented in this chapter. The budget describes the estimated cost for each of the resettlement activities aspects: operations, compensation, resettlement, and monitoring. These aspects are further divided and are presented in Table 9-1. This budget will be further detailed and will be updated after FID is taken. The project sponsors provide financing for RAP activities. The project sponsors will pay RAP compensation directly to the affected parties. The RAP specifies the mechanisms for channeling funds for disbursement to affected parties. The timeframe and responsibilities for disbursal are specified in Table 9-1. June 2004 Benin Final Draft RAP - Rev. 1 9-1 Chapter 9 Table 9-1: Budget for Compensation, Land Acquisition, and RAP Activities in Benin (Planning, Construction and Operation Phases) Cost Item Estimated Comment Period of Expenditure Cost (US$) Budget of RAP Management and Staffing as described in Chapter 5 is funded via an overall staffing budget, as Planning, Construction and Operations ~~~ ~ ~~N/Aapproved bi the WAGP Authority' pursuant to the International Project Oeain Operations ~~~~~~~Agreement Oeain Compensation to affected people Compensation for acquisition or Compensation for loss of use rights on the affected land. Estimation based on prmanentsabonfor use in rural land $1,955,113 the most current update on property values based on market prices, and as Construction permanent loss of use In rural land . . outlined in the Estate Asset Valuation Survey. Compensatonfor lst crops$194,156 Compensation for lost crops and trees on the affected land. Estimation based lCompensation for lost crops $194,156 on the most current update on crop values based on market prices, and as Construction ______outlined in the Estate Asset Valuation Survey. ______Compensation for other lost structures $178,513 These include lost buildings / structures as well as improvements and assets Construction found on the affected land______Sub total - compensation $2,327,782 External Monitoring and Evaluation Socio-economic monitoring and 20,000 Conducting a baseline socio-economic survey and one update Operations updates Oeain Impact studies 15,000 External commissioned impact studies Operations Sub total - monitoring and evaluation 35,000 Subtotal - all of above $2,362,782 Contingency $236,278 Estimated at 10% for unidentified claims, unexpected expenses, and inflation due to delays______TOTAL RAP BUDGET $2,599,060 Average Staffing Time Allocation for RAP implementation is estimated to be as follows: RAP Management Team (5 percent for 3 years), Community Relations (15 percent for 6 months and 5 percent for 2.5 years), Legal (10 percent for 6 months and 2 percent for 2.5 years), and Engineering (5 percent for 6 months). June 2004 Benin Final Draft RAP - Rev. 1 9-2 Chapter10 Chapter 10 Schedule for RAP Implementation The RAP implementation schedule spans the period from early 2002 when resettlement implications of alternative siting of the pipeline corridor were considered to mid-2007 when project construction will be completed. Key compensation activities related to land acquisition and compensation are expected to cover a nine-month period following the final investment decision (FID) after which livelihood restoration activities will begin.' The RAP implementation schedule defines the duration and timing of the key milestones and tasks for the following activities: * RAP preparation * RAP consultation and disclosure * Final investment decision (FID) and continued consultations with affected people * Land acquisition, land-for land arrangements, and compensation synchronized with project construction phases * Baseline on directly affected populations * Land reinstatement following the construction of each project section * Commencement of project operations * Monitoring and evaluation, including baseline update; and * Implementation of WAPCo community development programs, which will also benefit project-affected communities and people Figure 10. 1-1, below, illustrates the above schedule components over the implementation period in terms of timing following the FID for WAPCo to proceed with construction of the pipeline. As soon as the FID is made, Figure 10.1-1 will be further completed to include a dated implementation schedule. 10.1 Plan Preparation Formal RAP development of the Benin portion of the project began in May 2003 with socio- economic surveys and was completed in March 2004. Public disclosure of the final RAP document is planned for July 2004 subsequent to review and consultation with the World Bank Group. Individual plans for Ghana, Togo, and Nigeria cover the same time period. All RAPs will be submitted to the World Bank and be made available to other international finance institutions (IFIs). ' These will consist of self-managed activities by the affected households that preferred cash compensation to land-for-land arrangements. They will also include community development programs. June 2004 Benin Final Draft RAP - Rev. 1 10-1 0pj~ ~~ ~ ~~------L------i -- i-----i------cu0 L 1 0 m a t I i j S iiiiii @~~~~~------...j..... -- --I...... 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(panui;uoo)auilawi!LuoilejusaLuldwld W :1q-o01@nffi oM ielde4o Chapter 10 10.2 Consultation and Disclosure Public consultations, as required by law, were initiated as early as May 2000 during preliminary meetings with regulatory authorities. To date, WAPCo and the WAGP project team have conducted over 400 meetings in all four WAGP countries. A summary of the process and events related to these public consultation activities in Benin is provided in Chapter 5 and 7 of this report. A broad range of stakeholders, including state authorities as well as villagers along the pipeline route, has been contacted. As a result of these consultations, adverse impacts from route location to people's livelihoods and cultural sites have been minimized. As described in Chapter 7, many land acquisition concerns arising from the RAP and EIA consultations have been addressed and integrated into the plan since the beginning of August 2002. In Benin, the estate surveyors conducted open forums to inform the communities about the proposed WAGP ROW acquisition and to further reassure them that the process of land acquisition will be transparent. Consultations with affected communities and their demands were fully incorporated into the final RAP. Public disclosure of the RAP continues the public consultation process by communicating the plan for implementation of land acquisition, compensation, and monitoring and evaluation of the mitigation measures. The land acquisition process description, including estate survey results to date, was included as part of the front-end engineering and design (FEED) package submitted to regulatory authorities as part of the permit approval process. Information was subsequently displayed publicly for local communities and stakeholders, and presented at public workshops and hearings. These workshops and hearings were conducted to gather comments on project design as well as land acquisition issues and to allow landowners and other stakeholders to identify themselves. The process has also been communicated through the project's 'External Affairs' community relations staff. 10.3 Land Acquisition and Construction The step-by-step land acquisition procedure is illustrated in Chapter 5, and additional information on monitoring and evaluation activities are provided in Chapter 8. Land acquisition activities will be synchronized with project construction. In Benin, specific land acquisition negotiations and contract preparation began in January 2004 following the land ownership survey and valuation. The negotiations will stress property acquisition alignment (including appropriate compensation mechanisms) with the construction schedule. The final schedule for construction is yet to be determined. However, it is envisaged that site work will commence within nine months of the construction contract award and after full payment of land acquisition compensation and/or land-for-land arrangements. The commencement date of the schedule for all of WAGP depends on the final investment decision (FID), which has not yet been made. Construction activities in Benin will occur over a 24-month period after award of contract. This time frame would include reinstatement activities. June 2004 Benin Final Draft RAP - Rev. 1 10-5 Chapter 10 10.4 Monitoring and Evaluation Methods for RAP monitoring and evaluation are described in Chapter 8. These activities will occur during construction and will continue for approximately two years following construction completion. 10.5 Community Development Programs Through WAPCo's Community Development Program, community development alternatives are currently being analyzed in consultation with affected communities and will be subject to their own schedule. Specific community development program decisions will not be made until after the FID and some programs would likely occur during construction if the deployment of construction equipment and labor can serve both community development and project construction purposes. Additional community development programs would be implemented following construction. The community development program during and after construction will take place concurrent with RAP monitoring and evaluation activities. The need to give priority to the directly affected communities, particularly to households that have lost land and other assets to the project, will be recognized and incorporated in the design and implementation of these programs. June 2004 Benin Final Draft RAP - Rev. 1 10-6 Annex 5.1 Involuntary Resettlement Policy OP 4.12 I~~~~~ I f i I i I I i i I I i i OP 4.12 T WORLD BANK OPERATIONAL MANUAL December 2001 Operational Policies These policies were preparedforuse by World Bank staff and are not necessarily a complete ~tetet of the subject. Involuntary Resettlement (Revised April 2004) Revised April 204 Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). 1. Bankl experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. Policy Objectives 2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the following: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.2 (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 persons3 should 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.4 Impacts Covered 3. This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects6, and are caused by (a) the involuntary! taking of land8 resulting in (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. 4. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project. 5. Requests for guidance on the application and scope of this policy should be addressed to the Resettlement Committee (see BP 4.12, para. 7).10 Required Measures 6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following: (a) The resettlement plan or 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 11 for losses of assets12 attributable directly to the project. (b) 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.13 (c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also 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; 14 and (ii) provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii), such as land preparation, credit facilities, training, or job opportunities. 7. In projects involving involuntary restriction of access to legally designated parks and protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, is determined with the participation of the displaced persons during the design and implementation of the project. In such cases, the borrower prepares a process framework acceptable to the Bank, describing the participatory process by which (a) specific components of the project will be prepared and implemented; (b) the criteria for eligibility of displaced persons will be determined; (c) measures to assist the displaced persons in their efforts to improve their livelihoods, or at least to restore them, in real terms, while maintaining the sustainability of the park or protected area, will be identified; and (d) potential conflicts involving displaced persons will be resolved. The process framework also includes a description of the arrangements for implementing and monitoring the process. 8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, 15 ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. 9. Bank experience has shown that resettlement of indigenous peoples with traditional land- based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to land-based resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11). 10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30). 11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, 16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. 12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fractionl7 of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. 13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following: (a) Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. (b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder). (c) Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers' preferences with respect to relocating in preexisting communities and groups are honored. Eligibility for Benefits 18 14. Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. 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. 15. Criteriafor Eligibility. Displaced persons may be classified in one of the following three groups: (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 under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); andl9 (c) those who have no recognizable legal right or claim to the land they are occupying. 16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistanc20 in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank.2 1 Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land. Resettlement Planning, Implementation, and Monitoring 17. To achieve the objectives of this policy, different planning instruments are used, depending on the type of project: (a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A); (b) a resettlement policy framework is required for operations referred to in paras. 26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex A); and (c) a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31). 18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the "resettlement instruments"), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project. 19. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community- based organizations and NGOs.22 The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. 20. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettlers (as compared to the "without-project" circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective. 21. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument. 22. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner.23 23. The borrower's obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project. 24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation to determine compliance with the resettlement instrument. Upon completion of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16). Resettlement Instruments Resettlement Plan 25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where impacts on the entire displaced population are minor,25 or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex A, para. 22). The information disclosure procedures set forth in para. 22 apply. Resettlement Policy Framework 26. 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 this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23- 25). The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. 27. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the Fl submit to the Bank a resettlement policy framework conforming to this policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the Fl, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential subborrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing. 28. For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. 29. For each subproject included in a project described in para. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. 30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity's approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank. Process Framework 31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project. Assistance to the Borrower 32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support the borrower and other concerned entities by providing (a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, regional, or sectoral level; (b) financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations; (c) financing of technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and (d) financing of the investment costs of resettlement. 33. The Bank may finance either a component of the main investment causing displacement and requiring resettlement, or a free-standing resettlement project with appropriate cross- conditionalities, processed and implemented in parallel with the investment that causes the displacement. The Bank may finance resettlement even though it is not financing the main investment that makes resettlement necessary. 1. "Bank" includes IDA; "loans" includes credits, guarantees, Project Preparation Facility (PPF) advances and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs under adjustment operations. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency. 2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken into account, as relevant. These policies include OP 4.01 Environmental Assessment, OP 4.04 Natural Habitats, OP 4.1 1 Safeguarding CulturalProperty in Bank-Assisted Projects, and OD 4.20 Indigenous Peoples. 3. The term "displaced persons" refers to persons who are affected in any of the ways described in para. 3 of this OP. 4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their livelihoods in a manner that maintains the sustainability of the parks and protected areas. 5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments. 6. This policy does not apply to restrictions of access to natural resources under community-based projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see QP/BP 8.50, Emergency Recovery Assistance). 7. For purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. 8. "Land" includes anything growing on or permanently affixed to land, such as buildings and crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups. 9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para. 3(a). 10. The Resettlement Sourcebook (forthcoming) provides good practice guidance to staff on the policy. 11. "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6. 12. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. 13. The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost. 14. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements 15. See OD 4.20, Indigenous Peoples. 16. See OP 4.04, Natural Habitats. 17. As a general principle, this applies if the land taken constitutes less than 20% of the total productive area. 18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30). 19. Such claims could be derived from adverse possession, from continued possession of public lands without government action for eviction (that is, with the implicit leave of the government), or from customary and traditional law and usage, and so on. 20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate. 21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 22. For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advise on all aspects of the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01, Environmental Assessment, the resettlement panel may form part of the environmental panel of experts. See BP 17.50, Disclosure of OperationalInformation (forthcoming) for detailed disclosure procedures. 24. An exception to this requirement may be made in highly unusual circumstances (such as emergency recovery operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management's approval stipulates a timetable and budget for developing the resettlement plan. 25. Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of their productive assets are lost. 26. For purpose of this paragraph, the term "subprojects" includes components and subcomponents. Annex 5.2 A Sampling from the Physical Asset Survey In Benin, Land Values & Improvements' ' Unit prices are estimated for illustration and will be finalized to reflect the prevailing market value at the time of the actual transaction as negotiated between willing buyer and willing seller. ------A SAMPLING FROM THE PHYSICAL ASSET SURVEY COTONOU, BENIN, LAND VALUES & IMPROVEMENTS Vllage Parcel Quantit Gross Value of land of Land Value of Land Gros Value of land . eumson Value of Items *Total Cost libme * ." No, . (m2) For each vlctki Taken Taken For each victim Propefty . _;_._. (FCFA) - - BETIB MARKET PRICE - HIO HOUTA WAB-001 9,619 19,238,000 17.42 3,351,260 19,238,000 3,351,260 34 Coconuts trees 680,000 4,031,260 HIO HOUTA WAB-002 6,589 13,178,000 15.68 2,066,000 13,178,000 2,066,000 18 Coconuts trees 360,000 2,426,000 HIO HOUTA WAB-003 9,902 19,804,000 32.82 6,500,000 19,804,000 6,500,000 51 Coconut trees/tomatos 1,020,000 7,520,000 AKADJAMEY WAB-005 5,084 15,252,000 45.44 6,930,000 14,235,200 6,468,000 69 Palm trees/Tomnatoes/fishpond 1,380,000 7,848,000 AKADJAMEY WAB-006 497 1,491,000 83.50 1,245,000 1,391,600 1,162,000 palm groove 120,000 1,282,000 AKADJAMEY WAB-007 417 1,251,000 26.38 330,000 1,167,600 308,000 Bare Lnd (0 308,000 AKADJAMEY WAB-008 485 1,455,000 38.35 558,000 1,358,000 520,800 BareLand 0 520,800 AKADJAMEY WAB-023 501 1,503,000 82.04 1,233,000 1,402,800 1,150,800 Palm grove 150,000 1,300,800 AKADJAMEY WAB-024 501 1,503,000 85.03 1,278,000 1,402,800 1,192,800 Palm grove 150,000 1,342,800 COCOCCODJI WAB-048 500 3,000,000 59.80 1,794,000 2,700,000 1,614,600 Maize/ 2 palmtrees 80,000 1,694,600 COCOCCODJI WAB-049 501 3,006,000 65.67 1,974,000 2,705,400 1,776,600 Maize/ S palm trees 120,000 1,896,600 COCOCCODJI WAB-050 500 3,000,000 54.40 1,632,000 2,700,000 1,468,800 Maize/5 palmtrees 120,000 1,588,800 SODO WAB-119 377 1,885,000 113.53 2,140,000 1,809,600 2,054,400 Bare Land 0 2,054,400 SODO WAB-120 304 1,520,000 32.24 490,000 1,459,200 470,400 4 palm trees 80,000 550,400 SODO WAB-121 569 2,845,000 53.08 1,510,000 2,731,200 1,449,600 5 Palm trees 100,000 1,549,600 SODO WAB-122 470 2,350,000 21.49 505,000 2,256,000 484,800 Bare Land 0 484,800 AWAKE WAB-148 537 2,685,000 5.59 150,000 2,577,600 144,000 3 palm trees /4 calceidrats 70,000 214,000 AWAKE WAB-149 499 2,495,000 57.31 1,430,000 2,395,200 1,372,800 3 citro.ie /4 goyaviers/5 banana /2 coconut trees/5 plam trees 3,181,444 4,554,244 AWAKE WAB-321 244 1,220,000 97.95 1,195,000 1,171,200 1,147,200 palm grove 100,00 1,247,200 AKOUEHONOU WAB-236 465 2,790,000 68.82 1,920,000 2,697,000 1,856,000 20 palm trees 400,000 2,256,000 AKOUEHONOU WAB-237 481 2,886,000 49.90 1,440,000 2,789,800 1,392,000 10 palm trees 200,000 1,592,000 7 AKOUEHONOU WAB-238 477 2,862,000 64.99 1,860,0001 2,766,6001 1,798,0001 palm tre 140,000 1,938,0 I I 4 i i I i i Annex 5.3 Benin Unit Land Values' ' Unit prices are estimated for illustration and will be finalized to reflect the prevailing market value at the time of the actual transaction as negotiated between willing buyer and willing seller. I I i I iI I I I i BENIN UNIT LAND VALUES PROJECT-AFFECTED COMMUNITY LOCATION LAND (PAL) LAND VALUE UNIT LAND VALUE UNIT LAND VALUE (M2 ) (FCFA) (FCFAIM2 ) (US$) Hio Houta Upstream R+M Sta. 23,837 28,152,456 1,181.04 2.09 Adjahedji Ditto 12,537 25,074,000 2,000.00 3.54 Akadjamey Ditto 86,256 241,229,600 2,796.67 4.96 Cococodji R+M Station 40,127 212,527,774 5,296.38 9.38 Akouehonou Downstream R+M Sta. 51,623 288,870,812 5,595.78 9.91 Sodo Ditto 59,568 217,877,760 3,657.63 6.48 Awake(1) Ditto 125,939 383,857,202 3,047.96 5.40 GRAND TOTAL 399,887 1,397,589,604 3,494.96 6.19 Note: USS 1.00 = 564.4 FCFA (1) Includes the area under the power lines of CEB i i I I I i Ii i i i Ii f i I i I I I Annex 5.4 Land Valuation in Benin' ' Unit prices are estimated for illustration and will be finalized to reflect the prevailing market value at the time of the actual transaction as negotiated between willing buyer and willing seller. I I I I 1 i I i ii j i t i i iI I LAND VALUATION IN BENIN 1- LOWER LIMIT Unit Cost Area | Up to R & M $4,86/m2 After R & M $5,74/m2 Area Land value Value of items on land Total Up to R & M Hyo 23835792 2715500 26551292 Adjahedji 20059200 730000 20789200 Akadjamey 194400050 21121923 215521973 Cococodji 201 260 676 15968879 217229555 Total (1) 480092020 177025680 26975611 204001291 334297215 865937456 CFA 1346029476 Total (1+2) $ 2384886 2- UPPER LIMIT Unit cost Up toR &M $5,52/m2 lAfter R & M $ 6,65/m2 Area Land value Value of items on land Total Hyo 24680556 5431000 30111556 Adjahedji 25074000 1460000 26534000 Up to R & M Akadjamey 241229600 34084145 275313745 Cococodji 212527774 17386234 229914008 Total (1) . 561873309 After R & M Total (2) 1040168959 CFA 1602042268 Total (1+2) $ 2838488 I i I i i I I i II i Annex 5.5 Benin Total Compensation Summary' ' Unit prices are estimated for illustration and will be finalized to reflect the prevailing market value at the time of the actual transaction as negotiated between willing buyer and willing seller. l~ l l l I I I i I i I i i i i i i i 1 i 1 i i I BENIN TOTAL COMPENSATION SUMMARY PROJECT- IMPROVEMENT TOTAL TOTAL COMMUNITY LOCATION AFFECTED LAND VALUE & CROP COMPENSATION COMPENSATION UNIT COST (m2) (FCFA) (FCFA) (FCFA) (US$) (US$/m2) A. UPSTREAM Hio Houta Upstream R+M Sta. 23,837 24,680,556 5,431,000 30,111,556 53,351 2.24 Adjahedji Ditto 12,537 25,074,000 1,460,000 26,534,000 47,013 3.75 Akadjamey Ditto 73,061 171,929,600 34,084,145 206,013,745 365,014 5.00 Cococodji R+M Station 40,578 212,527,774 17,386,234 229,914,008 407,360 10.04 SUB-TOTAL UPSTREAM 150,013 434,211,930 58,361,379 492,573,309 872,738 -- 5.82 B. DOWNSTREAM Akouehonou Downstream R+M S 51,623 288,870,812 53,195,086 342,065,898 606,070 11.74 Sodo Ditto 59,568 215,468,160 53,951,222 269,419,382 477,355 8.01 Awake Ditto 125,939 383,857,202 44,826,477 428,683,679 759,539 6.03 SUB-TOTAL DOWNSTREAM 237,130 888,196,174 151,_72,785 1,040,168,959 1,842,964 7.77 .' - --GRAND TOTAL-- 387,143 1,322,408,104 210,334,164 1,532,742,268 -2,715,702 7.01 NOTE: (1) Exchange Rate of US$ 1.00 = 564.4 FCFA (October 2, 2003 - International Exchange) (2) Average unit land Value is 3769 FCFA/square meter or $6.68/square meter I i i I i i Annex 5.6 A Sampling From the Land Asset Inventory in Benin Improvement & Crops' ' Unit prices are estimated for illustration and will be finalized to reflect the prevailing market value at the time of the actual transaction as negotiated between willing buyer and willing seller. I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A SAMPLING FROM THE LAND ASSET INVENTORY, COTONOU, BENIN IMPROVEMENT & CROPS Land/Holding Type _ Land Unit Village Parcel Rain Irrigaied Pusture Fish Wood Houelot Taken PA2L Cost Payment Name No. red (ml t(In) pond lo1, m (m ) (mn) (in')______(MI) ~ ( __ _ (FCFA) Hio Houta WAB- -- 1559 1559 Cash 001 _ I______Hio Houta WAB- T - - - - 1033 1033 --- Cash 002 Hio Houta WAB- 3250 3250 Cash 003 Akadjamey WAB- T ------2310 2310 Cash ______005 Akadjamey WAB- F --- - - 415 415 Cash 006 Akadjamey WAB- T 110 110 = Cash 007I Cococcodji WAB- T 299 299 Cash 048 Cococcodji WAB------329 329 Cash 049 _ _ _ _ Cococcodji WAB- -- 272 272 Cash 050 Sodo WAB- 439 439 Cash 112 Sodo WAB------42 42 --- Cash 113 Sodo WAB- 7 316 316 --- Cash 114 a