Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA ETHIOPIAN ROADS AUTHORITY
Public Disclosure Authorized
Ethiopia-Expressway Road Project Updated RAP for Lot 4 Arsi-Negele
Public Disclosure Authorized Hawassa Section
China Communications Construction Company (CCCC)
Public Disclosure Authorized
February 2020 th
Public Disclosure Authorized (6 Submission)
Rekik Development Consultants Plc [email protected] Page i
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Table ofContents Table ofContents ...... ii
List of Tables ...... viii
List of Figures ...... x
Acronyms ...... xi
Glossary ...... xiv
Executive Summery ...... 1
A. General ...... 1
B. Description of the Project ...... 2
C. Objective ...... 3
D. Approach and Methodology...... 3
E. Public and Stakeholders' Consultation and Community Participation...... 4
F. Policy and Legal Framework ...... 4
G. Institution and Administrative Framework ...... 5
H. Grievance Redress Mechanism ...... 6
I. Summarized Project Impacts ...... 6
J. Budget Requirement for RAP ...... 7
Summary of Total Budget Requirement ...... 8
1 Introduction ...... 10
1.1 Background ...... 10
1.2 Justification for the Updated RAP ...... 10
1.3 Project Location and Description ...... 11
1.4 Scope of the RAP Update Study ...... 14
1.5 Objectives of the RAP ...... 15
1.6 Approach and Methodology ...... 16
2 Socio-Economic Background and Description of the Project Road ...... 19
Rekik Development Consultants Plc [email protected] Page ii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 2.1 Geographic and Administrative Location ...... 19
2.2 Demographic Characteristics ...... 19
2.2.1 Population in the Project Area ...... 19
2.2.2 Sex Composition ...... 19
2.2.3 Urban Area Population ...... 19
2.2.4 Population Density ...... 20
2.2.5 Ethnic Composition ...... 20
2.2.6 Language ...... 20
2.2.7 Religion ...... 20
2.2.8 Household Size ...... 21
2.2.9 Age Distribution...... 21
2.2.10 Dependency Ratio ...... 21
2.3 Education ...... 21
2.3.1 School Enrolment...... 21
2.4 Access to Health Institutions ...... 22
2.5 Access to Water Resources ...... 22
2.6 Road Network in the Affected Weredas ...... 23
2.7 Economic Activities ...... 23
2.7.1 Agriculture ...... 23
2.7.2 Livestock Rearing ...... 24
2.8 Gender-Based Violence /GBV/ ...... 24
3 Policy and Legal Framework ...... 26
3.1 Environmental Policy of Ethiopia ...... 26
3.2 Land Ownership Policy in Ethiopia ...... 27
3.3 Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 28
3.4 FDRE Council of Ministers Regulation No. 135/2007 ...... 29
Rekik Development Consultants Plc [email protected] Page iii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 3.5 Proclamation on Rural Land Administration and Land Use ...... 29
3.6 Proclamation on Research and Conservation of Cultural Heritage...... 30
3.7 National HIV/AIDS Policy ...... 30
3.8 National Policy on Women ...... 32
3.9 Health Policy ...... 32
3.10 Education and Training Policy ...... 33
3.11 National Social Protection Policy ...... 33
3.12 ERA's Resettlement/Rehabilitation Policy Framework ...... 34
3.13 Ethiopian Roads Authority Policy for HIV/AIDS ...... 35
3.14 The African Development Bank’s (AfDB) Policy and Guideline ...... 36
3.15 World Bank Operational Policy on Involuntary Resettlement (OP) 4.12 ...... 37
4 Institutional and Administrative Frameworks ...... 47
4.1 Ethiopian Roads Authority (ERA) ...... 47
4.2 ERA's Environmental and Social Management Team (ESMT) ...... 48
4.3 Right-of-Way Management Teams (ROWMT) ...... 48
4.4 ERA's Legal Affairs Service Directorate ...... 48
4.5 Expressway and Special Projects Contract Administration Directorate ...... 49
4.6 Environment, Social and Occupational Health and Safety Directorate ...... 49
4.7 Regional Government Level ...... 53
4.8 Oromia Regional State ...... 53
4.9 Wereda Administration ...... 53
4.10 Kebele Administration ...... 54
4.11 Woreda Committee Structures ...... 54
4.11.1 Property Valuation Committee ...... 54
4.11.2 Grievance Redressing Committee...... 54
5 Impacts of the Project Road ...... 55
Rekik Development Consultants Plc [email protected] Page iv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 5.1 Positive Impacts ...... 55
5.1.1 Employment Opportunities for Local Communities ...... 55
5.2 Negative Social Impacts and Mitigation Measures ...... 57
5.2.1. Affected Houses and Fences within 90 meters width of ROW ...... 57
5.2.1 Impact of the Project on Farmlands ...... 60
5.2.2 Impact of the Project on Trees ...... 62
5.2.3 Impact on the Public Utilities: Electricity pole ...... 65
5.2.4 Impact on Graveyards ...... 65
5.2.5 Impact on Women ...... 65
5.2.6 Impact on Child Labour ...... 66
5.2.7 Exposure to HIV / AIDS and other Sexually Transmitted Diseases (STD) ...... 67
6 Eligibility Criteria and Project Entitlement ...... 69
7 Livelihood and Income Restoration Measures ...... 77
7.1 Additional Support for Vulnerable Group/PAPs ...... 78
8 Public and Stakeholders' Consultation ...... 80
8.1 Public Consultation ...... 80
8.2 Objectives of Public and Stakeholders Consultation ...... 80
8.3 Stakeholders' Consultation ...... 81
8.4 Major Findings of Stakeholders' Consultations ...... 81
8.5 Findings of Consultations with PAPs, Vulnerable Groups and Community Groups .... 83
8.5.1 Consensus reached with PAPs and stakeholders on Preferences, Additional Demands, Expectations, Hopes, Aspirations and Needs while ...... 83
Preferences and Additional Demands ...... 83
Consensus and Agreement Reached with PAPs: ...... 83
Expectations, Hopes, Aspirations and Needs: ...... 84
Consensus and Agreement Reached with PAPs: ...... 84
Rekik Development Consultants Plc [email protected] Page v
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 9 Socio- Economic Survey of PAPs ...... 91
9.1 Number of PAPs...... 91
9.2 Religious Background of PAPs ...... 91
9.3 Ethnicity of PAPs ...... 91
9.4 Occupation ...... 92
9.5 Income and Livelihood...... 92
9.6 Marital Status ...... 92
9.7 Education ...... 93
10 Methodology in Valuing Losses ...... 94
10.1 Replacement Costs for Land, Houses and Public Infrastructures ...... 94
10.2 Basis for Valuation ...... 94
10.2.1 Valuation for Loss of Houses ...... 95
10.2.2 Valuation for Permanent Loss of Agricultural Land ...... 95
10.2.3 Valuation Formula for Perennial Crops ...... 96
10.2.4 Valuation for Public Utility Lines...... 96
11 Compensation Procedures and Approach ...... 97
11.1 Establishment of Property Valuation Committees ...... 97
11.2 Assessment of Properties and Assets ...... 97
11.3 Establishing Unit Rates ...... 97
12 Grievance Redress Mechanism ...... 99
13 Disclosure OF RAP and Scheduling ...... 105
13.1 Disclosure of RAP ...... 105
13.2 Scheduling ...... 105
13.3 Compensation Delivery Mechanisms ...... 105
14 Costs and Budget ...... 109
14.1 RAP Budget...... 109
Rekik Development Consultants Plc [email protected] Page vi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 14.1.1 Compensation Payment ...... 109
14.1.2 Rehabilitation Support ...... 109
14.1.3 Project Management and Running costs ...... 109
14.1.4 Monitoring & Evaluation Cost...... 110
15 Monitoring, Evaluation and Reporting ...... 112
15.1 General ...... 112
15.2 Internal Monitoring ...... 112
15.3 External Monitoring ...... 112
15.4 Monitoring Plan...... 113
15.4.1 Pre-construction Phase ...... 113
15.4.2 Construction Phase...... 113
15.4.3 Post Construction Phase ...... 113
15.5 Gender/GBV Monitoring and Evaluation in RAP ...... 114
15.6 Monitoring and Evaluation of the GRM ...... 115
References ...... i
Appendices ...... ii
Appendix 1 Socio-Economic Information ...... ii
Appendix 2 Minutes of Meetings ...... iii
Appendix 3 Unit Rate ...... xv
Appendix 4 Vulnerable PAPs ...... xxix
Appendix 5 Comment Replay Matrix ...... xxx
Rekik Development Consultants Plc [email protected] Page vii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report List of Tables Table 1-1: Terminal and Intermediate Control Points ...... 12 Table 1-2: Weredas crossed and area in Km2 ...... 14 Table 2-1: Population Data for Weredas along the Project Road ...... 19 Table 2-2: Urban Population Traversed by Project Road by Sex ...... 20 Table 2-3: Crude Population Density for Weredas along the Project Road ...... 20 Table 2-4: No. of Schools and Students along the Project Road ...... 21 Table 2-5: Health Institutions in the Project Affected Weredas ...... 22 Table 2-6: Health Personnel in the Project Affected Weredas ...... 22 Table 2-7: Water Supply Coverage in the Project Affected Weredas ...... 22 Table 2-8: Road Network in the Project Affected Weredas (km) ...... 23 Table 2-9: Crop Production and Cultivated Land in the Affected Weredas (2018) ...... 23 Table 2-10: Livestock Population in the Project Affected Weredas...... 24 Table 3-1: Comparison of Ethiopian Legislation and World Bank’s Operational Policy ...... 40 Table 5-1: Summary of affected houses of different level and fences by gender and amount of compensation in Arsi Negele ...... Error! Bookmark not defined. Table 5-2: Summary of Affected houses of different level and fences and amount of compensation in Shashemene ...... Error! Bookmark not defined. Table 5-3: summary of affected land by gender and utilities and amount of compensation Error! Bookmark not defined. Table 5-4: summary of affected land by gender and utlties and amount of compensation in Shashemene ------Error! Bookmark not defined.
Table 5-5: Summary of affected trees and the amount of compensation by gender in Arsi Negele ...... Error! Bookmark not defined. Table 5-6: Summary of Affected trees and amount of compensation by gender in Shashemene ...... 60 Table 5-7: Impact of the Project on Trees by HH ...... Error! Bookmark not defined. Table 6-1: Project Entitlement Matrix ...... Error! Bookmark not defined. Table 8-1: Stakeholders Consultations ...... 82 Table 8-2: PAPs and VGs Consultations ...... 83 Table 8-3: Summary of Consultation Discussions...... 87
Rekik Development Consultants Plc [email protected] Page viii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Table 9-1: Distribution of Project Affected Household Heads by Wereda ...... 91 Table 9-2: Project Affected People and Institutions ...... 91 Table 9-3: Religion of Affected Household heads by Wereda ...... 91 Table 9-4: Ethnicity of HH Heads ...... 92 Table 9-5: Occupation of Household Heads by Wereda ...... 92 Table 9-6: Marital Status of HHs ...... 93 Table 9-7: Literacy of PAPs ...... 93 Table 10-1: Replacement Cost by Type of Impact ...... 94 Table 10-2: Perennial Crops ...... 96 Table 12-1: Arsi Negele Woreda GRC Members and Composition ...... 99 Table 12-2: Shashemene Woreda GRC Members and Composition...... 99 Table 13-1: RAP Schedule...... 107 Table 14-1: Budget for Valuation Committee ...... 110 Table 14-2: Detail Budget for Implementation of RAP...... 111 Table 15-1: Output Indicators with Tentative Implementation Timeframe...... 113
Rekik Development Consultants Plc [email protected] Page ix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report List of Figures Figure 1-1: Project Location Map within the Country...... 12 Figure 1-2: Project Location Map ...... 13 Figure 1-3: Arsi Negele-Hawassa Road Corridor ...... 14 Figure 4-1: Organizational Roles and Responsibilities Channel ...... 52 Figure 8-1: Consultation Pictures ...... 85 Figure 8-2: PAPs and VGs Consultation at Shashemene Woreda Allelu Elu Kebele ...... 86 Figure 8-3: PAPs Consultation at Shashemene Woreda Fuji Goba Kebele ...... 86 Figure 12-1: PAPs Grievance Resolution Channel- Compensation related Grievance ...... 103 Figure 12-2: PAPs Grievance Resolution Channel- Non Compensation related Grievance ...... 104
Rekik Development Consultants Plc [email protected] Page x
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Acronyms
AfDB African Development Bank
ARCCH Authority for Research and Conservation of Cultural Heritages
HIV/AIDS Human Immune Virus / Acquired Immune Deficiency Syndrome
ASLNP AbjataShalla Lakes National Park
BoA Bureau of Agriculture
BoH Bureau of Health
CCCC China Communications Construction Company
COMESA Common Market for Eastern and Southern Africa
CSA Central Statistical Agency
CSF Children Supplementary Food
DS Design Standard
EEP Ethiopian Electric Power
EFCCC Environment, Forest Climate Change Commission
EIA Environmental Impact Assessment
EPA Environmental Protection Authority
EPU Ethiopian Power Utility
EMU Environmental Management Unit
EMP Environmental Management Plan
ERA Ethiopian Road Authority
ESAL Equivalent Single Axle Load
ESIA Environmental & Social Impact Assessment
ESDP Education Sector Development Plan
ESMP Environmental & Social Management Plan
ESMT Environmental & Social Management Team
Rekik Development Consultants Plc [email protected] Page xi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report ETB Ethiopian Birr
ETP Education and Training Policy
EWCA Ethiopian Wildlife Conservation Authority
FDRE Federal Democratic Republic of Ethiopia
GCRC Gross Current Replacement Cost
GEF Global Environmental Facilities
GTP Growth and Transformation Plan ha hectare
HSDP Health Sector Development Plan
IBD Institute of Biodiversity
IEC Information Education and Communication
KG Kindergarten
Km Kilo meter m meter
M&E Monitoring & Evaluation
MoA Ministry of Agriculture
MoFED Ministry of Finance & Economic Development
MoT Ministry Of Transport
MoWE Ministry of Water & Energy
NGO Non-Governmental Organization
OBoLEP Oromia Bureau of Land & Environmental Protection
ONRS Oromia National Regional State
OP Operational Policy
PAP Project Affected Person
PIA Project Influence Area
PLC Private Limited Company
Rekik Development Consultants Plc [email protected] Page xii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report qt Quintal
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
RSDP Road Sector Development Plan
RoW Right of Way
RVLB Rift Valley Lakes Basin
SIA Social Impact Assessment
SM Social Management
SMP Social Management Plan
SNNPRS Southern Nations Nationalities and Peoples Regional State
SHDW Shallow Hand Dug Well
STD Sexually Transmitted Diseases
WAD Women Affairs Directorate
WB World Bank
Rekik Development Consultants Plc [email protected] Page xiii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Glossary Building means any structure constructed or under construction in an urban center or a rural area for residential, manufacturing, commercial, social or any other service.
Census:A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions.
Committee means a property valuation committee, compensation committee, resettlement committee, grievance redress committee and/or other committee established pursuant to the Proclamation.
Compensation means payment to be made in cash or in kind or in other assets given to a person in exchange for the acquisition of land including fixed assets or property situated on his/her expropriated landholding.
Crops mean any plant sown or planted and harvested in one season.
Cut-off Date is the date of commencement of the census of PAPs or displaced persons (DPs) within the project area boundaries. This is the date on and beyond which any person who developed any assets on hisland occupied for program, will not be eligible for compensation.
Economic Displacement: The loss of assets or access to assets that leads to loss of income sources or other means of livelihood as a result of project‐related land acquisition and/or restrictions on land use.
Formula means the methodology used for 'valuating compensation’ in accordance with these Regulations for Properties Situated on Landholdings Expropriated in Accordance with the Proclamation.
Involuntary Resettlement: Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement.
Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project.
Livelihood: Refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage‐based income, agriculture, fishing and so on.
Physical Displacement: Refers to the relocation or loss of shelter as a result of project‐related land acquisition and/or restrictions on land use.
Rekik Development Consultants Plc [email protected] Page xiv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Project Affected Persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other assets loss as a result of road infrastructure development activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location ; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.
Publicpurpose means the use of land defined as such by the decision of the appropriate government body in conformity with urban structure plan or development plan in order to ensure the interest of the peoples to acquire direct or indirect benefits from the use of the land and to consolidate sustainable socio-economic development
Replacement Cost: Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs, i.e., the replacement value of the assets plus transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
Resettlement assistance refers to activities that are usually provided during, and immediately after, relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households.
Utility line means water, sewerage, electric or telephone line existing on or under a land to be expropriated for public purpose.
Rekik Development Consultants Plc [email protected] Page xv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Executive Summery A. General
This Resettlement Action Plan (RAP) is prepared to avoid and minimize the impoverishment of Project Affected Persons (PAP) and ensure that they receive appropriate compensation and rehabilitation measures. The RAP presents the number of Project Affected Persons, size of affected properties and the income restoration measures to be made for the PAPs, and establishes methodologies for compensation estimate and implementation outline.
The present Resettlement Action Plan (RAP) has been prepared in line with the applicable National Legislations including Ethiopian Roads Authority’s (ERA) Quality Manual and WB OP 4.12. The document basically has two main objectives: to identifythe degree of impact (displacement, dispossessions, relocation and benefits) associated with the planned road construction project; and to outline the required mitigating measures for expected unwanted repercussions associated with the proposed road development. In preparing this action plan, both field and desk level investigations have been employed. The relevant policy and legal frameworks have been reviewed and gaps identified. Other secondary information relevant to the preparation of the document were also gathered and reviewed. Consultations were conducted with a range of stakeholders to create awareness on the planned road project.
In terms of impact, the project road is expected to have both positive and negative impacts in the direct Project Influence Area (PIA), as well in the indirect influence area. The potential social impacts will be quicker felt in the direct influence area. The adverse (or negative) social impacts are very minimal and could not make significant impacts that will impede the life of the local population.
The construction of the project road will improve the livelihood of the local populations and will contribute to the growth and development of trade and urban centers, improvement of crop and livestock production and its marketing network. The natural resource and human resource potentials are also highly important in contributing to the development of the project area.
This RAP is a review of theprevious RAP prepared in 2015 by Ethio-Infra Engineering plc. This review service has been undertaken by Rekik Development Consultants Plcand the existing RAP document for Lot 4 ArsiNegele - Hawassa have been examined and thoroughly reviewed in line with the revised design. The review process included updating data and information collected in the preparation of the RAP for its consistency and appropriateness; and also amended or supplemented new data and information where necessary through review of relevant documents, collection of up-to-date data from wereda administration offices and intensive field surveys of the PAPs. In addition, public, vulnerable groups and stakeholders' consultations were conducted to incorporate the views and opinions of PAPs and Wereda administration and sector offices.
Rekik Development Consultants Plc [email protected] Page 1
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The review process also included checking the previous RAP for its completeness and conformity with the policies, procedures and guidelines of the Federal Democratic Republic of Ethiopia (FDRE) and that of World Bank.
This RAP builds on ERA’s Resettlement/Rehabilitation Policy Framework, China EXIM Bank, African Development Bank’s (AfDB) policy on involuntary resettlement and World Bank’s policy on involuntary resettlement (OP/BP 4.12). The AfDB and WB policy on involuntary resettlement addresses the need for the treatment of project impacts, which cannot be avoided. The policy objectives are either to avoid or minimize involuntary resettlement; if carried out to execute as sustainable development programme and to provide assistance to displaced persons so that they could be able to restore or improve their livelihood. The policy also sets eligibility criteria, resettlement instruments and monitoring, and other provisions.
The preparation and content of this RAP is within Ethiopia’s existing legal and administrative framework, China EXIM Bank,AfDB and World Bank’s policy on involuntary resettlement (OP4.12). In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia (FDRE) law and that of the China EXIM Bank or AfDB or WB Policy, the strict policy will prevail as the final or the higher of these standards/instruments that is more beneficial to the project affected persons will be followed as it also satisfies the requirements of the lesser standard.
B. Description of the Project
The Modjo-Hawassa; Lot 4: ArsiNegele-Hawassa road project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (Swale ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centres. Lot 4 has a total length of 51.68 km. The route starts east side of the existing road and crosses the existing road at km 153.75 and traverses on the west side of the existing road for the rest of its stretch until it reaches the project end at km 201.68 just before BishanGuracha (TikurWuha)Town, The expressway traverses 3-4km west of ArsiNegele and Shashemene towns.
Modjo- Hawassa project road is located on flat and rolling terrain through which the road alignment traverses through an elevation between 1590 meters and 1790 meters respectively with a topographic difference on average of 200 meters. The terrain is mostly flat lying to rolling with hilly section at the end of the project.
The road project is located in a warm temperate zone with the mean daily temperature ranging from 12.5°C to 31.5°C. Annual rainfall varies from 750mm to 1250mm. The main rainy season often extends from the end of June through to the end of September with a lesser rainy season from the end of February to the middle of May, the rest of the months being generally dry.
Rekik Development Consultants Plc [email protected] Page 2
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The project route corridor predominantly contains volcanic rock such as tuff, pyroclastic, pumice ash and associated sedimentary deposits of lacustrine and alluvial sediments.
As given from the employer’s requirement, the main road traffic is divided in to two traffic sections: ArsiNegele to Shashemene section with cumulativeEquivalent Single Axle Load ESAL of 30.96million and Shashemene to Hawassa section with CESAL of 24.84 million. Both fall into ERA Traffic Class T8 (18 to 30 million CESAL) though the first section is slightly out of the range for T8 class. For the link roads; CESAL of 7.72 million were determined which falls in to ERA Class T6 (6 to 10 million CESAL).
Pavement Structure Design (The Main Road and Link Roads)
The Design Standard of the project main road is in accordance with ERAs DC8 Design Standard. The ERAs Flexible Pavement Design Manual provides traffic class up to T10 (CESAL range 50 to 80 million).
The project road will intercept three link roads that connect with the nearest towns. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before.
C. Objective
The objective of this Resettlement Action Plan (RAP) is to minimize the risks from the Modjo - Hawassa; Lot 4: ArsiNegele - Hawassa project road by avoiding displacement of peoplewithout a well-designed compensation procedures and relocation. The RAP designs compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance.
D. Approach and Methodology
The general approach in preparing the RAP follows a participatory one where a range of relevant stakeholder participated in various consultation sessions and forwarded their opinion in relation to land acquisition, forms of compensation, public participation, livelihood support, grievance redress mechanism etc. Besides, the approach follows with strong reference to the applicable legislation of the national government and safeguard policies of the financer.
In specific terms, the following tools have been used to generate the required data and information:
Review of national environmental policies, strategies, legislations and guidelines, Review of data and information from secondary sources, Review and update of the field investigations previously done along the entire section of the proposed road alignment,
Rekik Development Consultants Plc [email protected] Page 3
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Update baseline data of project affected persons and identification of affected properties and assets, Conducting consultations with project affected persons, local population and with key stakeholders in the project area. E. Public and Stakeholders' Consultation and Community Participation
Public and stakeholders’ consultation is carried out in a number of locations crossed by the project road with the objective of incorporating the views of the local community, PAPs and Government officials and experts; and also that of Non-Government Organizations (NGO) working in the project area. The consultations were conducted in the twoweredas and two town administrations crossed by Lot-4 project road. The PAPs and the public participated in the consultations reported that they are highly supportive of the construction of the new highway and think as a good opportunity that will have a considerable impact for the development of the project influence area in the future.
During the public consultation the participants have reached a consensus and agreed to cooperate and to take actions that will contribute to the speedy implementation of the project road construction works and implementation of this RAP. Similarly, wereda authorities have also agreed and committed to facilitate the implementation of the RAP and provide all necessary support needed to the construction of the road. ERA also agreed to mitigate any adverse social and economic impacts from land acquisition by providing adequate and timely compensation for loss of assets at replacement cost and will restore livelihood for PAPs affected by the project as well as improve conditions for the vulnerable persons impacted by the project.
As part of the review, public consultations formal as well as informal consultations were conducted during the field survey during the update period of September – October, 2018. In addition to this,consultation also taken place with Shashemenewereda and BishanGuracha town administration government cabinets and sector office experts whom the main stakeholders of the desired road. Informal discussions and interviews were made with key officials and experts of relevant regional, zonal and Wereda level offices, as well as some individuals found along the road. The details of the consultations with PAPs, community, different stakeholders and government officials are discussed under chapter 7.
F. Policy and Legal Framework
The section on policy and legal framework discusses those policies and legal issues that are pertinent in the preparation and implementation of RAP. Since loss of land is one of the major impacts observed in the construction of the new highway Lot 4 ArsiNegele-Hawassa, FDRE policy on land ownership and expropriation and compensation is discussed in detail. As per the constitution of the Federal Democratic Republic of Ethiopia, land is a public property and that no individual person has the legal right to ownership. Since there is no private ownership of land in Ethiopia, and hence, rural or urban land could not be sold or mortgaged or transferred; citizens
Rekik Development Consultants Plc [email protected] Page 4
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report have only usufruct right only over land. A usufruct right gives the user of the land the right to use and the right to benefit from the fruits of her/his labour which may be crops, trees, etc. found on the land or any permanent works such as buildings etc.
In the expropriation of land for public use, the Federal Democratic Republic of Ethiopia (FDRE) has issued two proclamations. The first one being Proclamation No. 455/2005, which deals with the expropriation of land holdings for public purposes and payment of compensation and second one is the Council of Ministers Regulation No.135/2007, which details the basis regarding payment of compensation for property situated on land holdings expropriated for public purposes.
The World Bank Operational Policy on Involuntary Resettlement (OP) 4.12 is the principal policy document in the preparation of this updated RAP. The World Bank operational Policy describes:
Bank policy and procedures on involuntary resettlement as well as the conditions that borrowers are expected to meet in operation involving involuntary resettlement Planning and financing resettlement components or free-standing projects are an integral part of preparation for projects that cause involuntary displacement. Any operation that involves land acquisition or is a category A or B project resettlement requirements early in the project cycle (para, 20).
The World Bank’s requirements regarding involuntary resettlement as well as the underlying principles are described in the World Bank Operational Policy on Involuntary Resettlement (OP) 4.12. Moreover; OP 4.12 establishes eligibility criteria for various categories of PAPs to resettlement entitlements and other forms of assistances based on the range of impacts directly attributable to the project.
G. Institution and Administrative Framework
The preparation of RAP for road projects and its implementation, the Ethiopian Roads Authority (ERA) is responsible and has the legal mandate. In ERA, the Environmental andSocial Management Team (ESMT) is directly responsible for the review, monitoring and implementation of this Resettlement Action Plan. ESMT is also in charge for the identification of adverse environmental and social impacts and its mitigation measures.
The Right of Way (ROW) management team of the Regional Directorate is accountable for the implementation of the expropriation/compensation operations, registration of PAPs, establishment of compensation committees, assessment and establishment of compensation rates and payment of compensation.
The content of this RAP is within Ethiopia’s existing legal and administrative framework, China EXIM Bank, AfDB and that of the World Bank’s (WB) policy on involuntary resettlement (OP4.12). In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia Rekik Development Consultants Plc [email protected] Page 5
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report (FDRE) law and China EXIM Bank or AfDB or WB Policy, the Banks policy will prevail as the final and this RAP will be an international credit agreement between the Government of Ethiopia and China EXIM Bank.
The weredas crossed by the project road have the responsibility in the RAP implementation and play a critical role in establishing Resettlement committees, property valuation and in grievance redress. Currently, the above committees were established during the preparation of this RAP and ERA haveactivate these committee in ArsiNegele and Shashemeneworedas where the ROW activities are being implemented. The RAP committees comprise of representatives from sector offices, representatives from project affected persons (PAPs) and the ERA right-of-way agent. The management and coordination of relocation and payment of compensation for PAPs will be the major responsibility of the RAP Committees. Funds for payment of the compensation will be made available by the ERA through the Regional Directorate RoW management team. The RAP Committees will prepare monthly and quarterly progress reports which will be delivered to the Resident Engineer office, ERA's Regional Directorate RoW management team and the wereda administration office.
H. Grievance Redress Mechanism In case dispute arises between the RAP Committees and PAPs the preferred option to settle the dispute will be through amicable means using traditional and cultural methods as well. This will save time and resources as opposed to taking the matter to court. To ensure that the PAPs have avenues for redressing grievances related to land acquisition and resettlement, procedures for the redress of grievances has been established for the project. The objective of establishing the grievance redress committees is to respond to the complaints of the PAPs promptly and in a transparent manner. The mechanism is designed to be easily accessible, transparent and fair; and that grievances and appeals are to be addressed through arbitrational procedures.
GRCs arealready formed in ArsiNegele and Shashemene town, while that for ShashemeneZuria and BishanGuracha townwere under discussion and will settle disputes arising in the respective kebeles. The GRCs will be established from the outset instead of leaving the appointment of the arbitrators to the disputants. If any of the parties disagree, the aggrieved party has the right to appeal to the ordinary courts. The GRCs functioning currently are those who already were structured under the government system. The GRCs will be structured to include members from PAPs.
I. Summarized Project Impacts
The potential positive and negative social impacts that will be created by the construction of the project road are identified through field surveys, consultation meetings and discussions held with Project Affected Persons (PAPs), Government officials and experts.
Rekik Development Consultants Plc [email protected] Page 6
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report A socio economic study is carried out to identify potential impacts, identification of affected households and properties located along the route has been carried out; and also measurement of affected properties and assets was conducted.
In the Lot - 4 project road corridor, there will be 909 household heads to be dispossessed from their farmland and house. Most of the affected households are farmers that will lose strip of their land and despite of that these farmers could continue to farm their land since what they lost is not much. This is to say that what is left could be sufficient and will allow them to continue their livelihood in the remaining plot of land; however they will be compensated for losing their crops, trees, and some other crops as per the applicable law based on the replacement cost principle. To compensate HHs who have lost strip of their farmland and for the forgone benefits from farmland cash compensation is the preferred option. For those HHs who may have lost their businesses and income sources, establishing livelihood restoration measure is required..
Summary of Project Affected HHs
ArsiNegele Shashemene Grand M F Inst Total M F Inst Total Total 260 82 3 348 452 106 3 561 909
Among the identified PAPs the majority (83%) are male headed households while 15%are women headed households and 1% are institutions (public and government) and remaining 1% represents institutions. The total family members of the project affected households are 7281 out of which, 5875 (80%) are male and the remaining 1406 (20%) are female.
Appendix 1 provides the names each household head and institutions identified during the field survey. The name for and list of affected properties, and those who may lose their businesses and income sources are also provided in Appendix 1.
The socio-economic survey has also identified 273 vulnerable PAPs. Vulnerable PAPs constitute of elderly men, women heads of households without labor, severely ill person, HIV/AIDs positive persons, child headed families, the disabled, landless, etc. The names of project affected vulnerable individuals are given in Appendix 4 based on the preliminary survey. This project will improve their living condition through the provision of livelihood restoration measures and vulnerable group assistances based on a comprehensive livelihood restoration plan to be prepared with further detailed needs assessment.
J. Budget Requirement for RAP
The cost estimate and budget required for the implementation of this RAP are summarized herein below. The total estimated cost including 10% contingency will be 666,907,349.05.
Rekik Development Consultants Plc [email protected] Page 7
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The cost and budget estimate is prepared on the basis of the requirement as compensation payment for PAPs, for rehabilitation measures for PAPs, including provision for vulnerable groups and also the budget required for Administrative costs in the implementation of this RAP.
Summary of Total Budget Requirement Item Description Budget A. Compensation costs Compensation cost for houses 12,377,775.04 Compensation cost for fences 7,182,065.00 Compensation cost for crops 541,110,688.19 Compensation cost for trees 22,986,380.00 Compensation cost for utilities 50,000.00 Sub-Total 583,706,908.23 B. Rehabilitation measures Vulnerable House hold 2,730,000.00 assistance Livelihood and income An indicative budget USD 3,000,000.00 is allocated for the Restoration and VG assistance whole stretch of Modjo –Hawassa Highway Project Removal of grave yards and 3,775,000.00 reburial process Relocation and Shifting 1,110,000.00 Assistance Legal and administrative costs 1,500,000.00 Sub-Total 9,115,000.00
C. Project Management and other costs HIV/AIDS support activities 4,600,000.00 Cost of property valuation 2,400,000.00 committee Monitoring and Evaluation 3,375,000.00 Cost Sub-Total 10,375,000.00
Total (A+B+C) 603,196,908.23
Contingency (10%) 60319690.82
Grand Total 663,516,599.05
Rekik Development Consultants Plc [email protected] Page 8
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report K. Monitoring and Evaluation of the RAP process Internal and External monitoring and evaluation process has been designed as an integral part of the RAP with the objective of ensuring the RAP implementation complies with the recommendations set out in the RAP. Internal monitoring activities will be handled by the Environment and Social Management Team (ESMT) of the Employer’s Representative (Engineer) office. ERA's Expressway directorate ROW management team will monitor and supervise the RAP implementation on daily basis and report the progress in the monthly and quarterly progress reports that will be submitted to ERA.
External Monitoring will also be conducted by an independent consultant have been already hired by ERA. The independent consultant will monitor and evaluate the RAP in consultation with the Employer’s Representative (Engineer) and if necessary with Wereda and kebele administration offices, and with the PAP by adopting the process and output indicators.
All Monitoring and Evaluation Reports including Monthly and Quarterly Implementation Status Reports will be submitted to the World Bank on regular basis.
Rekik Development Consultants Plc [email protected] Page 9
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 1 Introduction 1.1 Background TheModjo-Hawassa road project is part of the Trans-African Highway n°4, the Cairo-Gaborone- Cape Town highway, the longest amongst the Trans-African highways, covering more than 10,000km and linking Addis Ababa with Kenya and the port of Mombasa within its central part. The Kenyan section, from Moyale to Isilo and Nairobi, is under rehabilitation and thus the new 4 lane dual carriageway highway of the Ethiopian part will enhance fast and free flow of traffic to Mombasa. The Modjo– Hawassa road project is a continuation of Government efforts to improve the standard of Trans- East African Highway as a member of Common Market for Eastern and Southern Africa (COMESA) countries and its import-export corridors to minimize the cost of its transit traffic.
Lot-4 ArsiNegele-Hawassa section of the Modjo – Hawassa project is entirely located in the Oromia Regional State in the south central part of the Country. The project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (Swalel ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centres. Lot-4 ArsiNegele-Hawassa section has a total length of 51.68 km.
In the course of implementation of the project it is likely that both positive and negative social impacts to arise. In order to minimize the negative impacts and enhance the positive impacts there should be study to address properly all the social issues in the construction and implementation phases. For this to happen, Resettlement Action Plan (RAP) should be prepared and implementedto plan proportional mitigation measures for adverse impacts, restore the income and living standards of the affected persons within a short period of time after resettlement and with as little disruption as possible. Particular attention will be given to the needs of the vulnerable PAPs.
1.2 Justification for the Updated RAP This RAP is an updated report of January 2015 RAP report that was cleared and approved by the Government of Ethiopia and World Bank on benchmark of the approved 2015 RAP report for whole section.
Preparation of this updated RAP is required due to the urgent need of starting actual construction work by the contractor.
The major purpose of updating the 2015 RAP report is to sort out the changes in social, economic, cultural and other dynamic variables that are subject to changes from time to time in the proposed Right of Way or project influence corridor and address the planned mitigation measures for the identified adverse impacts on the project affected people based on the applicable domestic legislations and World Bank policies, requirements and other relevance.
Rekik Development Consultants Plc [email protected] Page 10
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The updated RAP which has been undertaken by the contractor CCCC for Lot 4ArsiNegele - Hawassa, is based on the 2015 RAP and in line with ERA’s Resettlement/Rehabilitation Policy Framework and World Bank’s OP/BP 4.12on involuntary resettlement. The WB policy on involuntary resettlement addresses the need for the treatment of project impacts, which cannot be avoided. The policy objectives are either to avoid or minimize involuntary resettlement; if carried out to execute as sustainable development programme and to provide assistance to displaced persons so that they could be able to restore or improve their livelihood. The plan also sets eligibility criteria, resettlement instruments and monitoring, and other provisions.
1.3 Project Location and Description Lot-4 ArsiNegele-Hawassa section of the Modjo – Hawassa project is entirely located in the Oromia Regional State in the south central part of the Country. The project is designed to a 4 lane dual carriageway highway with area separated median 9.0 meter width (Swalel ditch) and will have controlled access with grade-separated intersections to establish link with the existing roads and upgrading of the link roads is part of the project to facilitate easy flow of traffic and enhance the connection with the major urban centres. Lot-4 ArsiNegele-Hawassa section has a total length of 51.68 km. The route starts east side of the existing road and crosses the existing road at km 153.75 and traverses on the west side of the existing road for the rest of its stretch until it reaches the project end at km 201.68 just beforeBishanGuracha (TikurWuha)Town. The expressway traverses 3-4km west of ArsiNegele and Shashemenetowns.
The selected route is flat (K150+000-K151+300, K153+200-K197+415.301) and rolling (K151+300- K153+200), the design speed is 120Km/h and 100km/h.
The road project is located in a warm temperate zone with the mean daily temperature ranging from 12.5°C to 31.5°C. Annual rainfall varies from 750mm to 1250mm. The distribution of rainfall in the road project area is highly influenced by orographic factors and is significantly correlated with altitude. Two rainy seasons are experienced in a year. The main rainy season often extends from the end of June through to the end of September with a lesser rainy season from the end of February to the middle of May, the rest of the months being generally dry.
The project route corridor predominantly contains volcanic rock such as tuff, pyroclastic, pumice ash and associated sedimentary deposits of lacustrine and alluvial sediments.
As given from the employer’s requirement, the main road traffic is divided in two traffic sections: ArsiNegele to Shashemene section with cumulative ESAL of 30.96million and Shashemene to Hawassa section with CESAL of 24.84 million. Both fall into ERA Traffic Class T8 (18 to 30 million CESAL) though the first section is slightly out of the range for T8 class. For the link roads; CESAL of 7.72 million were determined which falls in to ERA Class T6 (6 to 10 million CESAL). These were considered as the design traffic for the respective road sections to estimate the anticipated pavement structure in all the proposed alternatives.
Pavement Structure Design (The Main Road and Link Roads)
Rekik Development Consultants Plc [email protected] Page 11
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The Design Standard of the project main road is in accordance with ERAs DC8 Design Standard. The ERAs Flexible Pavement Design Manual provides traffic class up to T10 (CESAL range 50 to 80 million).
Table 1-1: Terminal and Intermediate Control Points
Adindan/UTM 37 Co-ordinates No. Chainage Name of Control Point Easting Northing Along Route( ArsiNegele - Hawassa )
1 K150+000 Project Start 464799 825591 Existing ArsiNegele Road 2 K164+500 460032 812551 (Overpass bridge with slip roads) Shashemene Interchange 3 K183+500 450869 797931 (trumpet type) 4 K201+680 Project End 443263 785003
Figure 1-1: Project Location Map within the Country
Rekik Development Consultants Plc [email protected] Page 12
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 1-2: Project Location Map The project road will intercept three link roads that connect with the nearest towns. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before.
Rekik Development Consultants Plc [email protected] Page 13
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 1-3: ArsiNegele-Hawassa Road Corridor TheLot-4 ArsiNegele-Hawassa section traverses twoweredas of Oromia National Regional State (ONRS) West Arsi Zone. The woredas crossed are ArsiNegele, and ShashemeneZuriawereda. Table below shows administrative zones and weredas crossed and its area in km2.
Table 1-2: Weredas crossed and area in Km2 Administrative Zone Weredas Area (km2) ArsiNegele 1400 West Arsi ShashemeneZuria 760
1.4 Scope of the RAP Update Study Scope of the updated RAP is limited to study the specific impacts of the project across the different points along the road corridor where the proposed work is to be carried out. It identifies the full range of people affected by the proposed road infrastructure development and justifies their displacement after consideration of alternatives that would avoid or minimize displacement as well as suggests possible ways by which the adverse impacts on PAPs could best be mitigated.
The RAP quantifies and values the impacts of the project and proposes measures to address the adverse impacts. The China Communications Construction Company (CCCC); Contractor of the project Road, has signed a contract with Rekik Development Consultants Plc. to undertake Consulting Services for Review and Update of the Resettlement Action Plan documents for Modjo– Hawassa express way Road Project; in particular for LOT 4, ArsiNegele-Hawassa section, which were prepared by Techniplan and previously updated by Ethio-Infra Engineering Plc. As per the TOR, the scope of the review study includes the following:
Review of the previous updated RAP report produced by Ethio-Infra Engineering Plc and evaluate its completeness and conformance with the TOR provided for the study;
Rekik Development Consultants Plc [email protected] Page 14
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Review of the existing policy, legal and institutional framework of the government and the donorsand update based on ERA’s, the World Bank and the African Development Bank policies; Undertake site visits to the project sites and communities in the ROW. The Consultant must verify the information provided in the safeguards instruments (RAP) against on-site observation. During the verification process the Consultant must consider all pertinent safeguarding issues that are necessary to achieve the objectives including: o First checking the existing conditions of the road in accordance with the document prepared by the design consultant; o Secondly, to carry out consultation with selected groups of the society which includes project affected persons including vulnerable groups, local administrations (Zonal, Wereda and Kebele) and communities along the road, active NGOs, religious leaders, government leaders and elders; o During the consultation, the consultant shall identify or check the presence of replacement land-for-land or any arrangement made for the Households (HH) who will lose their lands and housing, etc o Special arrangement made for disabled and Women heads of HH; Inform and remind the local administration about the cut of date; Look at the design and check how to integrate environmental and social concerns/matters into design; Review and update RAP of the project under consideration based on the field observation and as per the World Bank,China EXIM Bank,andAfDB requirement and policy.
Geographic scope of the updated RAP is the two Weredas, namely ArsiNegeleand ShashemeneZuriyaWoredas, through which the road traversing; and specific areas of influence are the 51.68Km long road covering 90 m width.
This study is part of the above contract in which the previous RAP has been reviewed and updated. This updated RAP document will be used with the approved original 2015 RAP.
1.5 Objectives of the RAP RAP is an important activity in any development project to avoid and minimize the impoverishment of Project Affected Persons (PAP) and ensure that they receive appropriate compensation and rehabilitation measures.
The objectives of the RAP is to minimizes the risks by avoiding displacement of people without a well-designed compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes livelihood and income restoration measures and resettlement assistance.
The specific objectives of the RAP include:
Rekik Development Consultants Plc [email protected] Page 15
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Carry out public consultation to create awareness and incorporate the views and concerns of the PAPs including vulnerable groups, local community and other key stakeholders regarding the potential social benefits and risks accruing from the construction of the project road, Define eligibility criteria for identification of Project Affected persons and entitlements Identify and prepare appropriate mitigation plan for potential social adverse impacts of the project; Conduct survey to identify affected households, properties and assets, and estimate compensation costs based on the principle of replacement cost; Safeguard the rights and livelihood of vulnerable affected persons though special assistance and considerations during resettlement. Establishing the most appropriate social development and monitoring framework, that will ensure that reinforcement measures for the positive impacts and the mitigation of adverse social impacts are fully addressed.
The Contractor has carried out the updated RAP document of Lot-4ArsiNegle - Hawassasection based only on the valid information from the RAP performed by TechniPlan in 2015 during the Concept Design Stage that was reviewed by Ethio – Infra. The updated RAP is focused on extracting the valid information from the previous stage and on obtaining additional information in those areas where lack of valid information has been identified.
1.6 Approach and Methodology The general approach in updating the RAP follows a participatory one where a range of relevant stakeholder participated in various consultation sessions and forwarded their opinion in relation to land acquisition, forms of compensation, public participation, livelihood support, grievance redress mechanism, etc. Besides, the approach follows with strong reference to the applicable legislation of the national government and safeguard policies of the World Bank. In specific terms, the following tools have been used to generate the required data and information:
Review of data and information from secondary sources includingreview of national policies, strategies, legislations and guidelines Detailed field investigations along the entire section of the proposed road alignment, Collecting baseline data collection of project affected persons and identification of affected properties and assets; Collect socio-economic profile to updatethe project affected households for the entire project road through a survey of socio-economic condition administered by the study team on those physically and economically displaced households in the project area of influence; Conducting consultations with project affected persons, local population and with key stakeholders in the project area. Consultations were conducted with the
Rekik Development Consultants Plc [email protected] Page 16
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report objective of identifying and assessing the potential impacts. During the field survey, inventory of affected properties that are located within the 90m width for ROW was carried out. The details of the consultations with PAPs, community, different stakeholders and government officials are discussed under section8; I conduct identification and assessment of potential social impacts includes short and long-term, direct and indirect, as well as positive and negative impacts. The significance, and hence acceptability, of potential impacts has been determined by the evaluation of the assessed impacts against socio – economic standards, public opinion, and expert judgment; Gather socio economic survey (household survey) and field level data and information were duringsite assessment. Socio-economic survey was also complemented by a Social Impact Assessment that includes the processes of analyzing, monitoring and managing the intended and unintended social consequences, both positive and negative, of the projects and any social change processes invoked by the project interventions, with the primary purpose of bringing about a more sustainable and equitable biophysical and human environment.
The review of the document also included reviewing relevant national environmental and social policies, laws and regulations and also that of the China EXIM Bank, AfDB and the World Bank Policies such as OP4.12 to check whether the prepared document is in comply with the principles that are stated in the operational policy and Bank procedures. In case of conflicts or gaps between the Federal Democratic Republic of Ethiopia (FDRE) law and that of the China EXIM Bank or AfDB or WB Policy, the strict policy will prevail as the final or the higher of these standards/instruments that is more beneficial to the project affected persons will be followed as it also satisfies the requirements of the lesser standard.
Site visit to the project area was carried more than tentimes with the objective of identifying and assessing the potential impacts. During the field survey, inventory of affected properties that are located within the 90m width for ROW as well as borrow pits and quarry sites was carried out.
This RAP is prepared on the basis of socio economic survey (household survey) and field level data and information gathered. In addition, public and stakeholder consultations were conducted with PAPs, local communities, and with local authorities (wereda and kebele). It is also complemented with a Social Impact Assessment that includes the processes of analyzing, monitoring and managing the intended and unintended social consequences, both positive and negative, of the projects and any social change processes invoked by the project interventions, with the primary purpose of bringing about a more sustainable and equitable biophysical and human environment.
The project’s Environmental and Social Impact Assessment (ESIA) addresses physical environment and social impacts and will be applied together with this RAP. The project implementers are responsible for identifying and implementing investment activities. This RAP
Rekik Development Consultants Plc [email protected] Page 17
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report document is to be used by all implementers of the project in order to ensure that all environmental and social safeguards are adequately addressed and that the relevant capacity and training needs are established in order for the recommended measures are implemented effectively.
It should be noted that in order to minimize and avoid massive resettlement and its impact on the social and environment, the project made extensive design changes route change between km 187 and end of project 201.68 has been undertaken.
The initial design was traversing through large private commercial farms splitting then into two and over densely populated areas crossing Tikur-Wuha River to link the expressway with the Hawassa city. Nevertheless, during the review the route is entirely changed to stay on the west side of the existing road to avoid its impact on environment and social aspects. Moreover, the route is made to terminate at the existing road before TikurWuha village.
To accommodate movement of people, animals and local non-motorized traffic, a number of underpasses and overpass bridges have been proposed to cross the Expressway.
Rekik Development Consultants Plc [email protected] Page 18
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 2 Socio-Economic Backgroundand Descriptionof the Project Road
2.1 Geographic and Administrative Location
Lot-4 ArsiNegele-Hawassa section of the Modjo – Hawassa project is entirely located in the Oromia National Regional State in the south central part of the Country. The road corridor traverses West Arsi Zone, ArsiNegele, and ShashemeneZuriaweredas.
The project road will intercept three link roads that connect with the nearest towns. The intercepted link roads will be improved by the project in order to offer the users a similar level of service as before. The three link roads to be upgraded that are the ArsiNegele, Shashemene and Hawassa link roads.
2.2 Demographic Characteristics 2.2.1 Population in the Project Area
The total population in the project affected weredas is 1,150,598 out of which the dominant majority (79%) lives in the rural areas. Table 2.1 provides the latest information available on population size of weredas by place of residence and sex which is a projection from the 2007 census. ArsiNegelewereda is the most populous wereda and ShashemeneTown is the least populous of the project area.
Table 2-1: Population Data for Weredas along the Project Road Urban + Rural Urban Rural Wereda Both sexes Male Female Both sexes Male Female Both sexes Male Female ArsiNegele 485026 240242 244784 102038 50620 51418 382988 189622 193366 Shashemene Town 257454 128257 129197 123218 62282 60935 134236 65975 68262 ShashemeneZuria 408118 202852 205266 15405 7954 7450 392712 194897 197816 Total Project Area 1150598 571351 579247 240662 120857 119803 909936 450494 459444 Source: Projected population for 2018 from the Census 2007
2.2.2 Sex Composition
The sex ratio of the affected weredas is 101 which indicate a higher proportion of female population. The distribution of sex ratio among the weredas is nearly equal.
2.2.3 Urban Area Population
In the project area, there are four towns located in the weredas crossed by the project road, and the total population of the towns is 476,949 (239,438 are male and 237,449 are female). Table 2- 2 shows the population residing in the towns traversed by the project road.
Rekik Development Consultants Plc [email protected] Page 19
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Table 2-2: Urban Population Traversed by Project Road by Sex
Population Name of Wereda/Town Both Sexes Male Female ArsiNegele-Wereda ArsiNegele Town (wereda capital) 77,966 38,755 39,211 Golije-Town 34,917 17,515 17,402 ShashemeneZuria-Wereda
Shashemene Town/Wereda 288,773 145,486 143,285 Kuyera Town 75,294 37,742 37,551 Total Project Area Urban Population 476,949 239,498 237,449 Source: Compiled data obtained from each wereda (2018) 2.2.4 Population Density The population density along the project road ranges between 346 persons per square km in ArsiNegelewereda; and 876ShashemeneZuriawereda as shown in Table 2.3.
Table 2-3: Crude Population Density for Weredas along the Project Road
Wereda Area sq km Density per km sq ArsiNegele 1400 346 ShashemeneZuria 760 876 Source: Compiled data obtained from each wereda (2018)
2.2.5 Ethnic Composition The population of all affected weredas is heterogeneous by ethnic background. The majority (90.9%) of the population belongs to the Oromo ethnic group; Amhara (3%), Tigre (1.1%)and others (5%)represented the project affected population.
2.2.6 Language Consistently with the homogenous ethnic background the population uses the language of their own ethnic group. Afan Oromo is the language spoken by the majority population residing in the West Arsi zone project affected weredas (90.9%), followed by Amharic (6.4%), 1.1 % Tigrigna and 1.6% of them speak other local languages.
2.2.7 Religion The spatial distribution of the population following the three faiths is uneven among the affected weredas. In West Arsiweredas Muslims are the majority (80% of the population) followed by Orthodox Christians (11%), Protestant Christians (7%) and no information is available for the remaining 2%.
Rekik Development Consultants Plc [email protected] Page 20
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 2.2.8 Household Size The average household size in the affected weredas is 4.9 persons per household, in urban and rural parts 3.7 and 5.1 respectively. Thus, the proportion of small size households is higher in urban areas.
2.2.9 Age Distribution In Oromiya region,the age structure is characterized by a high proportion of young individuals, reflecting the high fertility rate. Population below 15 years makes up 43% of the total, and whereas persons above 64 only constitute 3.5%. The proportion of population aged 15 to 64 is 53.5%. Unfortunately differentiated data age distribution data for the project affected weredas was not available.
2.2.10 Dependency Ratio The age structure of the population in the project area implies a high level of dependency. Overall dependency ratio for the region is 86.9 with dependency ratios of 80.3 for the young and 6.5 for the old, respectively.
2.3 Education 2.3.1 School Enrolment There are 44 schools in the project affected weredas of which 39 primary schools and 5 secondary schools. In the year 2016, the total students population was 106,733 of which those in grades 1 to 8 comprise the highest proportion (89%), followed by students in grades 9 to 10 (9 %), and 11 to 12 (2%) respectively (see Table 2.4).
Table 2-4: No. of Schools and Students along the Project Road
No of Schools No of students Wereda 1-8 9-10 11-12 1-8 9-10 11-12 T M F T M F T M F T ArsiNegele 16 2 1 19 28430 27149 55579 5311 3864 9175 1009 590 1599 ShashemeneZuria 23 1 1 25 20635 18340 38975 495 367 862 372 151 523 Total 39 3 2 44 49065 45489 94554 5806 4231 10037 1381 741 2122 Source: Compiled data obtained from each wereda (2016) School enrolment rates in the affected weredas have shown very good progress in the last 10 years. In the year 2002, the gross enrolment rate in the project weredas was 48% for grades (1-4) and 11% for grades (5-8) (CSA 1994). The present gross enrolment rate is above 100% for grades (1-4) and over 40% for grades (5-8) in all affected weredas. This is the reflection of the high number of schools constructed and of increased educational benefits awareness. On average in the affected weredas the teacher-student ratio has reached 1:50. It has been reported that the issue now is to improve the quality of education
Rekik Development Consultants Plc [email protected] Page 21
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The proportion between females and males is more balanced in grades (1-8) but proportion of female students sharply falls down to around 42% in grades (9-10) and to 32% in grades (11-12). This trend is to be attributed to the prevalence of early marriage of females due to cultural reasons.
2.4 Access to Health Institutions In the project affected rural weredas, there are 53 Health posts, 24 clinics, 5 health centers, and 7 drug stores (refer to Table 2.5). The situation is drastically different in Shashemene town. There are a several health institutions owned by government and private organizations.
Table 2-5: Health Institutions in the Project Affected Weredas
Wereda Health centre H/Post Clinics Drug store ArsiNegele 2 17 14 2 ShashemeneZuria 3 36 10 5 Total 5 53 24 7 Source: Wereda socio economic profile (2018)
In the rural weredas the health personnel/population ratios show that the number of qualified doctors is insufficient. At least one clinical nurse and health assistant are available in each health center or clinic and there are at least 2 community health agents in each kebele. Qualified doctors are available only in hospitals (Table 2.6).
Table 2-6: Health Personnel in the Project Affected Weredas Health Health Ext Lab Pharmacy Wereda Doctors Nurses Sanitarians Total Officer Workers Technicians Technicians ArsiNegele 2 28 0 85 6 2 4 127 ShashemeneZuria 25 3 74 3 3 5 113 Total 2 53 3 159 9 5 9 240 Source: Compiled data obtained from each wereda (2018)
2.5 Access to Water Resources In the project affected weredas, population has very limited access to potable water supply. Particularly rural households that have access to clean water are very limited, ranging from 51% to 64% (see Table 2.7). Access to unprotected water supply sources is also difficult and the supply level varies significantly by season. Almost all towns traversed by the project road have better access to potable water. ArsiNegele, Kuyera, and Shashemene have piped schemes.
Table 2-7: Water Supply Coverage in the Project Affected Weredas Hand Dug/ Shallow Weredas Spring Motorized Coverage Well ArsiNegele 2 5 10 51.40% ShashemeneZuria 32 15 16 64%
Rekik Development Consultants Plc [email protected] Page 22
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Source: Compiled data obtained from each wereda (2018)
2.6 Road Network in the Affected Weredas The road network coverage; in the two weredas crossed by the project road, shows 72 km of Asphalt road, 502 km of all-weather road and 331 km of dry weather road. Community roads length in the affected weredas was 1,172km in 2017. The density of community roads per 1000 sq km is around 119. The road length for each wereda by road type is presented on Table 2-8.
Table 2-8: Road Network in the Project Affected Weredas (km) Weredas Asphalt All Weather Dry Weather ArsiNegele 42 72 196 ShashemeneZuria 30 430 135 Total 72 502 331 Source: Compiled data obtained from each wereda (2018)
2.7 Economic Activities 2.7.1 Agriculture The area of influence is characterized by intensive cultivation with low productivity. The shortage of arable land is a key factor leading to average household landholdings as low as 1.2 ha. In most of the weredas a large proportion of the households cultivate less than 1 ha of land, which is greater than 0.5 ha of land that represents the minimum requirement to fulfill the food needs of an average household for a year.
Virtually all the agricultural production in the project area is rain-fed and single season cropping is practiced. Land preparation is carried out by oxen drawing, sowing of most crops is by broadcasting seed, and subsequent cultivation is all done by hand. The farmers mostly grow combinations of crops mainly consisting in cereals, pulses and oil crops in order to achieve food self-sufficiency.
The total cultivated area in the project affected weredas was 105,946 hectares and the total volume of crop production was around 3 million quintals in the year 2017 (refer Table 2.9). In the year indicated about 16,601 quintals of chemical fertilizer and 2,776 quintals of improved seeds were distributed to the farmers in the area.
Table 2-9: Crop Production and Cultivated Land in the Affected Weredas (2018) Cultivated Land Total Crop Improved Wereda Irrigation Fertilizer (ha) produced (ql) seed ArsiNegele 58,782 2,297,948 14.5 16601 2776 ShashemeneZuria 47,164 754,624 105,946 3,052,572 15 16,601 2,776 Source: Compiled data obtained from each wereda (2018)
Rekik Development Consultants Plc [email protected] Page 23
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 2.7.2 Livestock Rearing Livestock is an integral part of the farming system in the project area and are economically complementary to crop production. It provides fertilizer for crops and, to a lesser degree, it supplies milk, meat, cash income and serve as an investment against risk for rural households. In times of famine, livestock is sold to purchase grain. The livestock population in the weredas traversed by the project road is shown in Table 2-10.
The official animal population estimate in the affected weredas amounts to about 714,000, of which 448,530 cattle, 48,444 sheep, 34,686 goats, 1,830 mules, 55,799 donkeys, 16,018 horses, and 108,354 poultry in 2017. This livestock pattern follows the following order: cattle-donkey- sheep-goat. 60% of the livestock population is located inArsiNegelewereda.
Table 2-10: Livestock Population in the Project Affected Weredas Wereda Cattle Sheep Goat Mule Donkey Horse Poultry ArsiNegele 286,418 48,444 34,686 870 35,420 9,895 12,240 ShashemeneZuria 162,112 960 20,379 6,123 96,114 Total 448,530 48,444 34,686 1,830 55,799 16,018 108,354 Source: Compiled data obtained from each wereda (2018)
2.8 Gender-Based Violence /GBV/ The issue of GBV or any form of violence against women continues to bea major challenge and a threat to women’s empowerment throughout the country in general and in the Oromiyaregion in particular. As a result, women and girls face physical, emotional, and sexual abuses that undermine their health and ability to earn a living; disrupt their social systems and relationships; and rob them of their childhood and education. According to the 2016 Ethiopia Demographic and Health Survey (EDHS), rural women are somewhat more likely (24%) than urban women (21%) to have experienced physical violence since the age of 15; whereas the situation is more prevalent in the Oromiya regional state, which accounts to 28% of the proportion of women experiencing physical violence. The prevalence of sexual violence is also higher in the Oromiya region (13%) where the project operates. On the contrary, according to the same survey report, it is not common for women who have experienced physical and sexual violence to seek help from service providers such as lawyers, doctors/medical personnel, and social work organizations: only 2%-3% have ever sought help from each of these sources.
For the Modjo-Hawassa Expressway Road development Project and particularly for Lot-4, an agreement is reached between ERA and the financing partners that the gender related aspects including GBV will be handled as part of the HIV/AIDS related work. For Lot-4, a dedicated gender specialist MEDSACO Social Affairs Consultancy Plc is assigned to undertake the HIV/AIDS and GBV related tasks and operating in line with GBV terms of Reference currently working on preparing GBV action plan which is supposed to be finalized till end of March/2020. There is an Independent Safeguards monitoring consulting firm for all the four Lots, who will also be looking in to the GBV related issues.
Rekik Development Consultants Plc [email protected] Page 24
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page 25
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 3 Policy and Legal Framework This chapter reviews relevant Government policies, legislative frameworks both at Federal and Regional level. Likewise a review is also made for International Financier policies in particular for the World Bank.
3.1 Environmental Policy of Ethiopia The Environmental Policy of the Federal Democratic Republic of Ethiopia was approved by the Council of Ministers in April 1997. Its overall policy goal can be summarized in terms of the improvement and enhancement of the health and quality of life of all Ethiopians and the promotion of sustainable social and economic development through the adoption of sound environmental management principles. The policy is integrated with the overall long-term strategy of the country - agricultural led industrialization and other key national policies. It sets out its specific objectives and key guiding principles, contains sectoral and cross-sectoral policies and provisions necessary for the appropriate implementation of the Policy itself.
With respect to environmental and social impact assessment (ESIA) the Policy sets out specific policies, key elements of the policy are summarized hereunder;
The need to address social, socio-economic, political and cultural impacts in addition to physical and biological impacts and to integrate public consultation within the EIA procedures. Incorporation of impact containment measures into the design process of public and private sector development projects and inclusion into ESIA of mitigation measures and accident contingency plans. Development of detailed technical and sectoral guidelines for ESIA and environmental auditing. Establishment of an interlinked legal and institutional framework for the ESIA process to ensure that development projects are subjected to environmental impact assessment, audit and approval in a coordinated manner. Development of ESIA and environmental auditing capacity within the Environmental Protection Authority, sectoral ministries and agencies as well as regions.
The Policy has been developed as a national instrument enhancing the objectives of the Constitution and setting out clear cut directions with respect to environmental concerns particularly in terms of regulatory measures adopted as well as in the process of design, implementation and operation of development projects. Its recognition of the significance of addressing cross-sectoral environmental issues in the context of a national approach to environmental assessment and management integrates the efforts of a wide range of institutions across the country. It provides a sound and rational basis for addressing the country’s environmental problems in a coordinated manner.
Rekik Development Consultants Plc [email protected] Page 26
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 3.2 Land Ownership Policy in Ethiopia Land in Ethiopia is a public property and that no individual person has the legal right of ownership, and hence, rural or urban land could not be sold or mortgaged or transferred; citizens have usufruct right only over land. A usufruct right gives the user of the land the right to use and the right to benefit from the fruits of her/his labor which may be crops, trees, etc. found on the land or any permanent works such as buildings etc. In Ethiopia, land ownership is basically a constitutional issue.
According to the Constitution of Federal Democratic Republic of Ethiopia (FDRE) article 40.3, land is a public property that no individual person has the legal right of ownership. There is no private ownership of land in Ethiopia, as per FDRE constitution Article 40 (the Right to property) No.2, “Land is a common property of the Ethiopian Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange”.
The Constitution states that the Government has the right to expropriate private property for public use subject to payment in advance of compensation commensurate to the value of the property. The FDRE Constitution (Article 40, No. 8) states that the Government has the right to expropriate private property for public purposes by providing the appropriate compensation.
FDRE Constitution lays down the basis for the property to be compensated in case of expropriation as a result of State programs or projects in both rural and urban areas. Persons who have lost their land as a result of acquisition of such land for the purpose of public projects are entitled to be compensated to a similar land plus the related costs arising from relocation; assets such as buildings, crops or fruit trees that are part of the land etc. Hence, Article 40 No.7 FDRE Constitution states the right of citizens to develop the land and to have immovable property and make permanent improvements. “Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and, where the right use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law”.
Article 40, No. 8 of the Constitution, states that if the land that is used by an individual is expropriated for public use, the person is entitled for compensation; “… the Government has the right to expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of property”.
Regarding displacement of the public due to development projects, the FDRE Constitution of Article 44 (Environmental Rights) No.2 states that: “All persons who have been displaced or whose livelihoods have been adversely affected as a result of state programs have the right to commensurate monetary or alternative means of compensation, including relocation with adequate state assistance”.
Rekik Development Consultants Plc [email protected] Page 27
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 3.3 Legislation on Expropriation of Land and Compensation Proclamation No. 455/2005 The Government of FDRE has issued legislation in July 2005 for the expropriation of landholdings, which is known as “Expropriation of Land Holdings for Public Purposes and Payment of Compensation (Proclamation No. 455/2005).” The objectives of the proclamation are to minimize and mitigate the impacts due to the expropriation of landholdings for public purposes.
The proclamation clarifies and defines who has the power to expropriate landholdings either in urban or rural sections of the country. As per the proclamation, the power of expropriation of landholdings mainly rests on Wereda or urban administration authorities. Article 3 No.1 of the proclamation states that: “A Wereda or an urban administration shall, upon payment in advance of compensation in accordance with this proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.”
A land holder whose land has been expropriated for public use by the concerned government authorities is entitled for compensation for his property situated on the land and for the permanent improvements he made on the land.
The amount compensation to be paid for the property situated on the expropriated land will be determined or calculated on the basis of full replacement cost. For houses in urban areas, the amount of compensation will not be less than the current replacement Value of construction.
Wereda or urban administration once received details on land acquisition for the construction works from ERA has to notify in writing to the entity (which is either an individual or an organization) to be expropriated indicating the time not less than 90 days when the land has to be vacated and the amount of compensation to be paid. The PAPs once notified will be immediately compensated for lost assets and properties prior to their relocation or vacating the land.
A rural land holder, where his land does not have any crop or other property on the expropriated land should hand over within 30 days.
The proclamation also clarifies how utility lines that are owned and provided by Federal or Regional government offices, or by a public enterprise should be treated and compensated. Utility lines could only be removed from expropriated land by payment of compensation. The project owner has the responsibility to inform the utility provider in writing by indicating the exact location of the lines that will be removed.
Rekik Development Consultants Plc [email protected] Page 28
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The utility provider is responsible in determining the amount compensation which is required for replacing the lines within 30 days of notice; and the body which requested the removal of utility line has also to pay compensation within 30 days from the date of the receipt of the valuation.
Any expropriated property; in addition to the amount of compensation payment it will also receive a provision for cost of removal, transportation and erection.
Concerning displacement compensation for rural land holdings; A rural landholder whose land holding has been permanently expropriated shall, also be paid displacement compensation equivalent to ten times the average annual income he secured during the five years preceding the expropriation of the land (Part 3, article 8).
The above proclamation also states that the valuation of property shall be determined on the basis of valuation formula to be adopted at national level by the Ministry of Federal Affairs. However, until such time valuation of properties will be carried out by property valuation committees to be established both in rural and urban areas as stated in article 10 of the proclamation.
3.4 FDRE Council of Ministers Regulation No. 135/2007 FDRE Council of ministers issued a regulation on July 2007, regarding the payment of compensation for property situated on land holdings expropriated for public purposes. The regulation provides the basis for compensation of affected properties and to assist the displaced or affected persons to restore their livelihood.
The regulation sets the methods for the assessment of compensation, provision of land for land replacement and payment of displacement compensation. The methodology followed by the regulation for the assessment of compensation establishes the basis and formula for compensation that will be made for the different types of assets and categorizes into ten parts.
The regulation recognizes that land replacement should be made for urban and rural lands. In rural areas if land replacement is not possible for permanently affected land, PAPs will be compensated for the affected perennial crops ten times of the annual production.
3.5 Proclamation on Rural Land Administration and Land Use This Proclamation, Proc. No. 456/2005, came into effect in July 2005. The objective of the Proclamation is to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure.
Ministry of Agriculture is charged with the responsibility of executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law.
Rekik Development Consultants Plc [email protected] Page 29
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report According to the Proclamation where land which has already been registered is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc.
3.6 Proclamation on Research and Conservation of Cultural Heritage Proclamation No. 209/2000 provides legal framework for Research and Conservation of Cultural Heritage. The Proclamation establishes the Authority for Research and Conservation of Cultural Heritage (ARCCH) as a government institution with a juridical personality. In addition, it has provisions for management, exploration, discovery and study of Cultural Heritage and miscellaneous provisions.
The Proclamation defines the objectives, powers and duties of the Authority (ARCCH. It also has provisions on Management of Cultural Heritage. Among these are provisions on Ownership and Duties of Owners, Classification, Registration, Conservation and Restoration, Removal, the Use, and Expropriation of Cultural Heritage, Preservation of Cultural Heritage Situated on Land given in Usufruct, and Establishment of Museum.
Furthermore, the Proclamation provides Articles on Exploration, Discovery and Study of Cultural Heritage. Article 41 is on Fortuitous Discovery of Cultural Heritage and Sub-Article (1) states that, any person who discovers any Cultural Heritage in the course of an excavation connected to mining explorations, building works, road construction or other similar activities or in the course of any other fortuitous event, shall forthwith report same to the Authority and shall protect and keep same intact, until the Authority (ARCCH) takes delivery thereof. Connected to this, Sub-Article (2) states that, the Authority shall, upon receipt of a report submitted pursuant to Sub-Article (1) hereof, take all appropriate measures to examine, take delivery of and register the Cultural Heritage so discovered.
Under Miscellaneous Provisions, the Proclamation states that, any person who holds permit to conduct construction works in a reserved area [an area declared to be containing an assemblage of immovable Cultural Heritage or an archaeological site] and who discovers Cultural Heritage in the course of construction activities shall stop construction and shall forthwith report same in writing to the Authority.
3.7 National HIV/AIDS Policy The HIV/AIDS pandemic is spreading worldwide and heating hard poor countries mainly. Sub Saharan Africa, with only 10% of the world population is having 80% of the world HIV infection and AIDS cases. Among the Sub Saharan African countries, Ethiopia is one of the countries that is facing HIV/AIDS pandemics, and HIV/AIDS is no more a health problem alone, it is now a challenge to the socio- economic development of the country. HIV/AIDS surveillance reports also show a steady increase in HIV infections among rural communities in Ethiopia. The movement of people from place to place, either voluntarily or involuntarily contributes to the
Rekik Development Consultants Plc [email protected] Page 30
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report spread of HIV/AIDS. HIV/AIDS now is no more health or clinical problem only; it has now become a major social and economic problem of a country.
Having understood the magnitude of the problem as well as the huge resource needed to combat HIV/AIDS, the Ethiopian Government issued a policy, which calls for an integrated effort of multi-sectoral response to control the epidemic. The Federal Democratic Republic of Ethiopia published a Policy on HIV/AIDS in 1998. The National HIV/AIDS
Policy urges communities at large, including government ministries, local governments and the civil society to assume responsibility for carrying out HIV/AIDS awareness and prevention campaigns.
The general objective of the policy is “to provide an enabling environment for the prevention and control of HIV/AIDS in the country”.
Specific Objectives
The specific objectives of the policy are stated as follows:
To establish effective HIV/AIDS preventative and control strategies in order to curb the spread of the epidemic To promote a broad multi-sectoral response to HIV/AIDS epidemic, coordination of the activities of different sectors and the mobilization of resources for the control of the epidemic To encourage government sectors, non-governmental organizations, the private sector and communities to take measures in order to alleviate the social and economic impact of HIV/AIDS To promote proper institutional, home and community based health care and psychological support for people living with HIV/AIDS, orphans and surviving dependents To safeguard the human rights of people living with HIV/AIDS and avoid discrimination against them To promote and encourage researches and studies on HIV/AIDS and make use of the outcomes for preventative, curative and rehabilitative purposes. In 2000, National AIDS Council was established under the Chairmanship of the FDRE President; and in 2002 HIV/AIDS Prevention and Control Office (HAPCO) was established to address the problem. The policy introduces and outlines the large social, psychological, demographic and economic impact that HIV/AIDS will be having and introduces a number of issues relating to HIV/AIDS. These are:
That HIV/AIDS is not only a health problem but also a developmental problem, That gender inequality contributes to the further spread of HIV/AIDS,
Rekik Development Consultants Plc [email protected] Page 31
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report That women, including women living with HIV/AIDS, need access to information and services regarding HIV/AIDS and to family planning provision to help them make reproductive choices and decisions, That the magnitude of the problem will need considerable resources and a multi-sectoral effort to control the HIV/AIDS epidemic, That there is a need for a holistic approach in the provision of care to people living with HIV/AIDS, That the human rights of people living with HIV/AIDS needs to be recognized, That HIV/AIDS has the potential for catastrophic impact.
3.8 National Policy on Women The National Policy on women was issued in March 1993 emphasizing that all economic and social programs and activities should ensure equal access for both men and women to the country’s resources and in the decision making process so that women can benefit equally from all activities carried out by the Federal and Regional Institutions. Among the main policy objectives is that laws, regulations, systems, policies and development plans that are issued by the government should ensure the equality of men and women and that special emphasis should be given to the participation of rural women.
3.9 Health Policy Ethiopia’s health policy was issued in 1993, with the aim of giving special attention to women and children, to neglected regions and segments of the population, and to victims of manmade disasters. The priority areas of the policy are in the field of Information Education and Communication (IEC) of health to create awareness and behavioral change of the society towards health issues, emphasis on the control of communicable disease, epidemics, and on diseases that are related to malnutrition and poor living condition, promotion of occupational health and safety, the development of environmental health, rehabilitation of health infrastructures, appropriate health service management system, attention to traditional medicines, carrying out applied health research, provision of essential medicines, and expansion of frontline and middle level health professionals.
The Government in its Growth and Transformation Plan has reaffirmed its commitment to accelerate progress on maternal and child health and to reduce in child and maternal mortality rates by expanding the provision o f essential health and nutrition services to the poor. To translate the health policy into action the Ministry of Health has developed every five year a Health Sector Development Programme (HSDP). Currently it is implementing HSDP IV. HSDP lays an emphasis on service delivery and the quality of service, health facility rehabilitation and expansion, human resource development, pharmaceutical services; Information, Education andCommunication (IEC), strengthening health sector management and management information system, monitoring, evaluation and research.
Rekik Development Consultants Plc [email protected] Page 32
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 3.10 Education and Training Policy Ethiopia’s Education and Training policy (ETP) aims to achieve universal education by the year 2015. The general objective of the policy is to develop physical and mental potential of individuals who can take care of and utilize their resources, to bring up citizens who respect human rights.
The overall strategy of the ETP is to prepare curriculum with the participation of teachers, and other professionals based on the objectives of the policy, and also creating integrated educational research. The education service in Ethiopia has several problems and some of the serious problems are: low enrolment ratio, failure to serve rural areas and girls, low educational quality, inefficient system, inadequate funding, and weak capacity for planning and management.
The educational structure is divided into kindergarten, primary (2 cycles), secondary (2 cycles), and higher education at diploma and degree levels. It also focuses on non-formal education and diversified technical and vocational training for school leavers from any level of education, and provides special training for people with special needs.
The policy also stresses on providing education to children in their mother tongue and developing career structure to teachers of all levels, decentralized management, and finally making available educational finance for students’ of higher education. The policy aims on expanding equitable access to primary and vocational education to meet the demands of the country and economy.
To translate the policy statement into action the Government has developed Education Sector Development Program (ESDP), which is a 20-year programme divided into 5 yearprogramme each time. The ESDP was launched in 1997/98. The emphasis of the Sector development program are in improving educational quality and expand access to education with special emphasis to primary education, and promotion of education for girls.
3.11 National Social Protection Policy The expansion of different economic and social development programs help mainly toreduce the shortage of supply side and increase the benefit to the entire population. Onthe other hand, several constrains impede the poor and vulnerable segments of thesociety to access services expanded. Therefore, to reduce the demand side constraintsand to benefit segments of the society that require special attention, it is necessary totake social protection measures.
Social Protection is part of social policy framework that focuses at reducing poverty,social and economic risk of citizens, vulnerability and exclusion by taking measuresthrough formal and informal mechanisms to ascertain accessible and equitable growthto all.
The Policy mainly contains coordinated protective measures to those susceptible toserious vulnerability due to natural and manmade risks, establish multifaceted socialinsurance mechanisms to prevent exposure to risks, strengthen earnings and improvinglivelihoods of
Rekik Development Consultants Plc [email protected] Page 33
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report citizens, improve employment opportunities and living conditions, andprovide legal protection and support for vulnerable to abuse and violence.
Without being limited to provide basic services and temporary supports, theimplementation of social protection includes measures of strengthening publicparticipation and mobilization, based on the economic, social, cultural, and human rightsenshrined in the constitution that have transformative nature, establish coordinatedsystem to reduce economic and social differences and imbalances in the society.
In this policy, segments of the society vulnerable to different social and economicproblems, especially, children, women, persons with disabilities, elderly, labourconstrained unable to make earnings, and the unemployed who are living under difficultcircumstances are given special attention.
The policy serves as a framework for collaboration and coordination system of socialprotection in order to provide different services, and it also clearly indicates theorganizational structures at federal, regional and the respective lower levels oforganizational structures with duties and responsibilities.
The policy consists of five focus areas. These are:- Promoting productivesafety net, promoting and improving employment and livelihood, promoting socialinsurance, increasing equitable access to basic social services, and providing legalprotection and support to those vulnerable to abuse and violence.
The main objectives of the National Social Protection Policy of Ethiopia are thefollowing:
Protect the poor and vulnerable individuals, households, and communities fromdifferent natural and manmade adverse effects of shocks, Establish social insurance system and increase its scope, Increase access to equitable and quality health, education and social welfareservices to build human capital; Expand and guarantee employment for the vulnerable to unemployment; Enhance employment guarantee for the segments of society under socialproblems through promoting employment opportunities, Ensure that the society at all levels play roles for the implementation of the policy
3.12 ERA's Resettlement/Rehabilitation Policy Framework Apart from the broad policy frameworks at national level, the main reference behind the preparation of a Resettlement Action Plan (RAP) is ERA’s guiding principles as stipulated in its Resettlement and Rehabilitation Policy Framework. The principles in the framework are adopted basically from the World Bank’s policy on resettlement and rehabilitation.
A threshold has been set whether or not to proceed with a detail RAP once a social screening is done on any proposed road development project. Road development that entails the relocation of
Rekik Development Consultants Plc [email protected] Page 34
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report more than 200 individuals or about 40 households is expected to draw up a detailed resettlement action plan. Those road projects that would displace less than 200 individuals are not expected to come up with a detailed/full scale RAP and instead appropriate compensation measures for lost assets, arrangements for logistical support and a relocation grant have to be determined.
The Resettlement/Rehabilitation Policy Framework clarifies the principles of social impact mitigation in the process of addressing social impacts induced by project operations. It provides guidelines to stakeholders participating in the rehabilitation/resettlement operations to ensure that project affected persons (PAPs) will not be impoverished by the adverse social impacts. The basic principles imply that PAPs should be compensated for loss of assets at replacement costs; be given opportunities to share project benefits and be assisted in case of relocation or resettlement. Focus is on restoring the income earning capacity of the affected persons by improving or at least sustaining the living conditions prior to project operations or to resettlement.
The policy framework sufficiently places emphasis both on the compensation issues and the process required for the implementation of resettlement/ displacement. According to this policy framework a resettlement action plan (RAP) needs to be prepared only if the project affects more than 200 persons.
The ERA/RPF Policy Framework is in line with the eligibility criteria contained in OP 4.12 of the World Bank’s operational manual on involuntary resettlement applied in determining eligible persons for compensation. Accordingly, compensation for lost assets and replacement costs is made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to resettlement assistance and rehabilitation.
All PAP losing farmland, buildings/houses, businesses or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost.
3.13 Ethiopian Roads Authority Policy for HIV/AIDS The transport and construction sectors are among the most the susceptible sectors for the spread of HIV/AIDS. It is due to this that ERA has issued a policy for HIV/AIDS in the workplaces and a three-year strategic work plan for HIV/AIDS prevention and control in June 2004. The policy acknowledges that HIV/AIDS pandemic is a reality in the workplace, which may have detrimental effects on its work force. The policy is prepared with the objective of developing and implementing an effective workplace programme.
Some of the objectives of ERA’s HIV/AIDS policy are to create awareness among its employees and promote effective ways to managing HIV/AIDS, and to create supportive environment for those affected.
The principles of the policy are to ensure that employees living with HIV/AIDS have the same rights and obligations; to avoid discrimination and stigmatization of employees with HIV/AIDS
Rekik Development Consultants Plc [email protected] Page 35
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report to receive equal treatment; seek to minimize the social, economic and developmental consequences, provide support, counseling and educational services to infected and affected employees; establish and maintain an employee assistance programme, and ensure sustainable resources for the prevention and control.
3.14 The African Development Bank’s (AfDB) Policy andGuideline The African Development Bank’s (AfDB) environmental policy was approved in 1990 and its environmental assessment guideline followed in 1992. The Bank has continually updated its environmental policy and its social and environmental study guidelines. AfDB’s updated policy on environment was issued 2004, incorporating and redefining environmentally sustainable development. The Bank’s development plan seeks to ensure that environmental management tools like strategic impact assessment and project level environmental and social assessment will be used systematically to monitor environmental performance and encourage community involvement.
The traditional sector-by-sector approach in the management of natural resources has been replaced by cross-sectoral environmental policy actions based on an integrated approach. The key environmental issues entertained by the policy include reversing land degradation and desertification; protecting the coastal zone; protecting global public goods; enhancing disaster management capabilities; promoting sustainable industry; increasing awareness, institutional and capacity building; environmental governance; urban development and population growth; and civil society organizations.
According to the AfDB involuntary resettlement policy, Displaced persons in the following two groups are entitled to compensation for loss of land or other assets taken for the project purposes:
a) Those who have formal legal rights to land or other assets recognized under the laws of the country. This category will generally include people who are physically residing at the project site and those who will be displaced or may lose access or suffer a loss in their livelihood as a result of the project activities; and
b) Those who may not have formal legal rights to land or other assets at the time of the census but can prove that they have a claim such as land or assets that would be recognized under the customary laws of the country. This category may also include those people who may not be physically residing at the project site or persons who may not have any assets or direct sources of livelihood derived from the project site, but who have spiritual and/or ancestral ties with the land (e.g. graveyards, sacred forests, places of worships). This category may also include sharecroppers or tenant farmers, seasonal migrants or nomadic families losing user rights, depending on the country’s customary land use rights. Additionally, where resettlers lose access to resources such as forests, waterways, or grazing lands, they would be provided with replacements in kind.
Rekik Development Consultants Plc [email protected] Page 36
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report A third group of displaced persons are those who have no recognizable legal right or claim to the land they are occupying in the project area and who do not fall in any of the two categories described above. This category of displaced persons, will be entitled to resettlement assistance instead of compensation for land to improve their former living standards (compensation for loss of livelihood activities, common property resources, structures and crops, etc.), provided they occupied the project area prior to a cut-off date established by the borrower and acceptable to the Bank. At the minimum, under the Bank’s policy (with no contradiction to the borrower’s legislation), land, housing, and infrastructure should be provided to the adversely affected population, including indigenous groups, ethnic, linguistic and religious minorities, and pastoralists who may have usufruct rights to the land or other resources taken for the project. The cut-off date must clearly be communicated to the project affected population. Persons who encroach on the project area after the cut-off date are not entitled to any form of resettlement assistance. Proclamation No 455/2005 of the federal democratic republic of Ethiopia, Article 2(1) stipulates the issue like this:- A landholder whose holding has been expropriated shall be entitled to payment of compensation for his property situated on the land and for permanent improvements he made to such lands. However, prospectors or individuals who may come to the project area after the cut of date for an anticipation of compensations or other reasons are not entitled for compensation.
Hence, based on the above-mentioned legal platforms and international policy frameworks, all project-affected individuals (except encroachers after the cut-off date) have a legal and a policy backup to be eligible for compensation.
3.15 World Bank Operational Policy on Involuntary Resettlement (OP) 4.12 World Bank operational Policy describes:
Bank policy and procedures on involuntary resettlement as well as the conditions that borrowers are expected to meet in operation involving involuntary resettlement Planning and financing resettlement components or free-standing projects are an integral part of preparation for projects that cause involuntary displacement. Any operation that involves land acquisition or is a category A or B project resettlement requirements early in the project cycle (para,20)
Development projects that displaces people involuntarily generally give rise to economic, social and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for recourses greater; community structures and social networks are weakened, kin groups are dispersed, cultural identity, traditional authority and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment and environmental damage unless appropriate measures are carefully planned and carried out.
Rekik Development Consultants Plc [email protected] Page 37
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report The World Bank’s requirements regarding involuntary resettlement are detailed in Operational Policy.
The Policy outlines the following principles:
Acquisition of land and other assets and resettlement of people will be minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operational and engineering solutions that have the least impact on populations in the Project area. The populations affected by the Project are defined as those who may stand to lose as a consequence of the Project, all or part of their physical and non-physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships and other losses that may be identified during the process of resettlement planning. All PAPs who will be identified in the project impacted areas as of the date of the updated census and inventory of losses, will be entitled to be compensated for their lost assets, incomes and businesses at full replacement cost and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing and any such factors that may discriminate against achieving the objectives outlined above.
OP 4.12 establishes eligibility criteria for various categories of PAPs to resettlement entitlements and other forms of assistances based on the range of impacts directly attributable to the project. Affected persons may be classified as: a) those who have formal legal rights to land or assets; b) those who do not have formal legal rights to land or assets at the time the census begins, but have a claim to land or assets that is recognized or recognizable under national law; or c) those who have no recognizable legal right or claim to the land or assets they are occupying or using (Para. 15).
Eligibility criteria also establish the range of impacts directly attributable to the project. OP 4.12 also specifies the general measures required for specific impacts or the entitlement packages including support after displacement and development assistance in addition to compensation measures, if incomes have been affected (refer Table 6.1. for more on project entitlement matrix) The rehabilitation measures to be provided are:
Cash compensation for houses and other structures at replacement cost of materials and labor without deduction for depreciation or salvageable materials.
Rekik Development Consultants Plc [email protected] Page 38
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Full title to replacement agricultural land for land of an equal productive capacity acceptable to the PAP. Full title to replacement residential and commercial land of equal size acceptable to the PAP or at the informed decision of the PAP, cash for replacement land at replacement cost at current replacement Value. Cash compensation for crops and trees at current replacement Value and Relocation allowances and rehabilitation assistance. Sufficient time will be allowed for replacement structures to be built before construction begins. Temporarily affected land from the construction of access routes or earth-moving activities will be restored to pre-project condition. The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place and all encumbrances removed before the respective Governments and World Bank will approve commencement of civil works for that contract area. Existing cultural and religious practices shall be respected and to the maximum extent preserved. Adequate budget support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. Special measures shall be incorporated in the RAP and complementary mitigation and enhancement activities to protect socially and economically vulnerable groups such as women-headed families, children and elderly people without support structures and people living in extreme poverty. Grievance procedures shall be established and put in place and PAPs needs to be informed before any resettlement activities begin. Details of the RAP shall be distributed to the PAPs by the Client and placed in relevant stakeholder offices for the reference of PAPs as well any interested groups. Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system and an external monitor hired before commencement of any resettlement activities.
In the next table, comparisons of the National Legal Provisions with that of the World Bank Operational Policies are presented as follows. Where there is a difference between national law and OP 4.12, the World Bankpolicyshall prevail.
Rekik Development Consultants Plc [email protected] Page 39
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 3-1: Comparison of Ethiopian Legislation and World Bank’s Operational Policy
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps The World Bank Proclamation No 455/2005 requirement for avoidance or World bank OP4.12 has (Article 3(1)) gives power to minimization of involuntary overall policy objectives, Wereda or urban resettlement is not written requiring that: Involuntary administrations to into Ethiopian legislation. resettlement should be “expropriate rural or urban Proclamation No 455/2005 avoided wherever possible, landholdings for public does not indicate or minimized, exploring all purpose where it believes World Band OP 4.12 overall consultation with displaced alternatives. Resettlement that it should be used for a objectives shall be applied to persons throughout the program should be better development…”This is avoiding or minimizing resettlement process, rather PolicyObjectives sustainable, include supported by Article 51(5) involuntary resettlement to only allows for a complaints meaningful consultation with and Article 40(8) of the 1995 ensure resettlement program and grievance process. affected parties and provide Constitution. Proclamation is sustainable and includes Although Proclamation No benefits to the affected No 455/2005 (Article 7(5) meaningful consultation. 455/2005 allows for some parties Displaced persons states that” the cost of form of support to the should be assisted in removal, transportation and displaced persons, it does not improving livelihoods etc or erection shall be paid as explicitly state that at least restoring them to compensation for a property livelihoods should be previous levels that could be relocated and restored to previous levels or continue to serves as before.” improved.
Rekik Development Consultants Plc [email protected] Page 40
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps Article 10 of World Bank Article 4 of Proclamation No OP4.12 requires that the 455/2005 requires resettlement activities notification in writing, with associated with a sub - details of timing and There is a gap in projects are linked to the compensation, which cannot Proclamation No 455/2005 implementation of be less than 90 days from to allow land to be development program to notification. It requires that expropriated before ensure displacement or land should be handed over necessary measures for Displaced person should restriction of access does not Notification within 90 days of payment of resettlement take place, always be paid compensation occur before necessary period /timing of compensation payments. If particularly before the and support before the land is measures for resettlement are displacement there is no crop or other displaced person has been handed over, as per World in place. In particular, taking property on the land, it must paid. This can have serious Bank OP4.12. of land and related assets be handed over within 30 consequences for those may take place only after days of notice of affected, as they may be compensation has been paid expropriation. It further gives displaced without shelter or and where applicable, power to seize the land livelihood. resettlement sites and through police force should moving allowances have the landholder be unwilling been provided to displaced to hand over the land persons. World Bank OP4.12 gives Proclamation No 455/2005, According to World Bank The requirements of World eligibility to: Article 7(1) OP4.12, Bank allows’ landholders’ to be Those who have formal legal eligible for compensation, rights to the land; Those who eligibility for compensation where the term “landholder” Eligibility for do not have formal legal is granted to “affected (Article2(3) means” and Compensation rights to land, but have a parties. Ethiopian and as per Proclamation No individual, government or claim to such land; and Legislation only grants 456 private organization or any Those who do not have compensation to those with other organ which has legal recognizable legal right or lawful possession of the land personality and have lawful claim to the land possession over the land to
Rekik Development Consultants Plc [email protected] Page 41
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps be expropriated and owns property situated thereon” Basically, any person who will suffer loss or damage to an asset, business, trade or loss of access to productive resources, as a result of the
project will be considered eligible for compensation and/or resettlement assistance. World Bank OP4.12 Article Article 7 of Proclamation 6(a) requires that displaced No. 455/2005 entitles the The World Bank persons are provided with landholder to compensation The World Bank requirement for prompt and effective for the property on the land requirements for compensation and valuation compensation at full on the basis of replacement compensation must be of assets it that replacement cost for losses cost; and permanent followed, as per OP4.12 compensation and relocation of assets attributable directly improvements to the land, footnote 1, which states, must result in the affected to the project. If physical equal to the value of capital “Where domestic law does person must have property relocation is an impact, and labour expended. Where not meet the standard of and a livelihood returned to displaced persons must be property is on urban land, compensation at full them to at least equivalent provided with assistance compensation may not be replacement cost, standards as before. This is during relocation and less than constructing a compensation under not clearly stated in local residential housing, housing single room low cost domestic law is Proclamations. It is expected sites and /or agricultural sites house as per the region in supplemented by additional that the regulations and to at least equivalent which it is located. It also measures necessary to meet directives will provide more standards as the previous requires that the cost of the replacement cost clarity and clearer guidance site. Replacement cost does removal, transportation and standard” in this regard. not take depreciation into erection will be paid as account. In term of valuing compensation for a relocated
Rekik Development Consultants Plc [email protected] Page 42
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps assets. If the residual of the property continuing its asset being taken is not service as before. Valuation economically viable, formula are provided in Regulation No. 135/2007 According to OP4.12, Article 14 and 18), the borrower is responsible for conducting a census and preparing, implementing, and monitoring the appropriate resettlement instrument. Article 24 states that the borrower is also responsible Article 5 of Proclamation No As per the World Bank for adequate monitoring and 455/2005 sets out the requirements, project evaluation of the activities responsibilities of the processes included screening, set forth in the resettlement implementing agency, The process required for the a census, the development of Responsibilitiesof instrument. In addition, upon requiring them to gather data project proponent / a plan, management of the project completion of the project, the on the land needed and implementing agency lacks compensation payments and proponent borrower must undertake an works, and to send this to the descriptive processes in local monitoring and evaluation of assessment to determine appropriate officials for legislations... success. It must also include whether the objectives of the permission. If also requires proper consultation with the resettlement instrument have them to pay compensation to affected parties throughout been achieved. This must all affected landholders. the process. be done according to the requirements of OP4.12. Article 19 requires that the borrower inform potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into
Rekik Development Consultants Plc [email protected] Page 43
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps account in project design. OP 4.12 specifies, as policy objective, that “displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs” (para. 2[b]). The OP also provides the Proclamation 455/2005 additional guidance that subsumed the issue of “displaced persons and their The present RAP has been inclusive consultation under With regard to the inclusive communities, and any host prepared in consideration of Part Two Art 4.1 and 4.2 consultation, setting-cut –off communities receiving them, all the relevant provisions date and disclosure, OP 4.12 are provided timely and where PAPs are entitled for from the national Inclusive directly addressed them relevant prior notification period proclamation and OP 4.12 . Consultation while the national level information, consulted on before expropriation of In case of conflict between proclamation implicitly resettlement options, and land/asset. No other details the Ethiopian legislation and mentioned them as offered opportunities to provisions on consultation is the WB OP 4.12, the latter requirements. participate in planning, seen. will prevail. implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups” (para. 13[a]).Adequate community engagement often demands the inclusion of vulnerable and marginalized groups.
Rekik Development Consultants Plc [email protected] Page 44
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps To avoid speculative or opportunistic behaviour by local people and to manage No explicit r provision is in-migration or illegal seen on the issue of cut–of- encroachment, the Bank date. On census The Ethiopian legislation Policy adheres for the apart from notification to requirements, the World Band OP 4.12 and establishment of an official owners on expropriation of AFDB policy requirements firm Cut-off Date for an Proclamation in Part Two properties it didn’t mention for establishing a firm cut-off Cut –Off Date inventory of houses, other Article 5.1 indicates the need for the need of establishing a date for completion of census buildings and all assets for collecting detail data on cut-off date for undertaking and assets inventory shall be should be undertaken after land requirement at least one census survey of the applied. which no additional year before expropriation of properties affected by the structures or other assets assets. proposed project. become eligible for compensation or any other forms of resettlement assistance. (Para. 16). OP 4.12 provides for the In terms of disclosure of The present RAP has been rational and procedural information, the national prepared in consideration of requirements for disclosure level Proclamation, PAPs all the relevant provisions of resettlement information right to be notified (written) OP 4.12 directly addresses from the national (Para 22). Timely disclosure 90 days earlier before the the need for disclosure of proclamation and OP 4.12. of full resettlement expropriation of assets. Disclosure of information, while the And thus, OP 4.12 information is required to Besides, the detail data information national level proclamation requirements for disclosure provide opportunities to collected in the earlier stage implicitly mentioned it as of information will be displaced persons fully (at least one year before) and requirements. applied. In case of conflict participate and engage in distribute the same for between the Ethiopian resettlement planning, relevant bodies. No other legislation and the WB OP implementation and way of disclosure mechanism 4.12, the latter will prevail. monitoring processes. indicated. Accessible GRM OP 4.12 (para 13 &14) Proc no 455/2005 has OP 4.12 emphases Grievances is not only about
Rekik Development Consultants Plc [email protected] Page 45
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Theme World Bank Op 4.12 Ethiopian Legislation Comparison Measures to Address Gaps clearly mentioned accessible provision on grievances (Part accessibility and compensation and Grievance Redressing Three, Art 11) in which the appropriateness of the GRM resettlement, other project Mechanism as one major need for handling grievances mechanism to facilitate easy related grievances (such as requirements within the through administrative redressing in line with local complaints on access denial, resettlement instrument. The arrangements and formal context. Pocl 455/2005 drainage etc ) need to be importance of accessibility courts. Here grievance on emphasis the grievance addressed through the and appropriateness of the compensation mainly mainly in relation to established GRM. mechanism (tailored to local emphasized compensation amount for context) is quite emphasized. PAPs and
Rekik Development Consultants Plc [email protected] Page 46
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 4 Institutional and Administrative Frameworks 4.1 Ethiopian Roads Authority (ERA)
Organizations that operate at the Federal Government level and have some role to play in the planning and implementation of the project include the Ministry of Transport and Communication, the Ministry of Finance and Economic Development (MOFED) and Ethiopian Roads Authority (ERA), which the implementing agency. The Ministry of Transport and Communication and Ministry of Finance and Economic Development provide the overall policy guidelines and coordination at Ministerial level and also provide adequate governance and management; and budget release for timely operation.
Forest, Environment and Climate Change Commission is responsible for issuing environmental policies, guidelines and standards as well as monitor proper implementation of these policies and guidelines throughout the project development phases.
[A1]ERA is an autonomous Federal Government office and is accountable to the Ministry of Transport. It is re-established for the second time by the council of Minister’s regulation No. 247/2011. ERA is managed by a Board whose members are assigned by the Government and its day to day management is carried out by a Director General that is assigned by the Government.
The objectives for its reestablishment are to develop and administer roads; create conducive conditions for the coordinated development of road networks; and ensure the maintenance of standards in road construction.
The construction of roads requires land acquisition and expropriation for the ROW, access road construction, Campsites, Quarry sites, borrow pit and other similar activities. According to the reestablishment of proclamation of ERA; it is responsible for the preparation of RAP for road projects and to initiate land acquisition and expropriation. As stated in its powers and duties ERA is responsible for the following activities that are directly related to land acquisition and many others.
Prepare or cause the preparation of designs and feasibility, environmental and other related studies required for road works; determining the extent of land required for its activities in the adjacency of roads; cause the use of, free of charge, land and quarry substances required for the purpose of road works, camp, offices, storage of equipment and other related services; acquire land required for road works by paying compensation for land possessors and property owners in accordance with the law; to take necessary measures to protect the environment whenever road works are undertaken.
Rekik Development Consultants Plc [email protected] Page 47
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report Following its reestablishment, ERA has now become a regulatory body which has a number of regional offices. Its previous, organizational setup is restructured and the own force account has become an independent public enterprise agency.
4.2 ERA's Environmental and Social Management Team (ESMT)
ERA has established an Environmental and Social Management Team (ESMT) within the Planning and Program Management Directorate to address environmental and social issues arising from the road development program. The main responsibilities of the unit will include:
Advising senior management and assisting in the decision-making process on all road sector environmental and social issues; Ensuring that environmental and social issues are adequately addressed in connection with the activities of all ERA departments and divisions; Carrying out or supervising EIAs and RAPs for road sector projects.
4.3 Right-of-Way Management Teams (ROWMT)
Following ERA's restructuring which took place in 2010 five Right-of-Way Management Teams, have been organized under each Regional Directorate. The ROW Management teams under ERA’s Expressway and Special Projects Management Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP).
The Right-of-Way Management Teams are responsible to identify and register all the PAPs and measure all affected properties and assets and also estimate its costs in liaison with the respective Wereda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed the ROW agent will review and send ERA’s Expressway and Special Projects Management Directorate to effect the payment.
4.4 ERA's Legal Affairs Service Directorate
The Legal Affairs Service Directorate is accountable to the Director General of ERA. Some of the activities and responsibilities assigned for the Directorate consist of drafting, reviewing, analyzing and approving construction contract documents. Contract awarding with other assigned members of committee is the other responsibility of the Directorate. The Directorate develops and implements strategies for claims and dispute resolutions which serve as inputs to the ROW Management Teams and regional legal advocates.
Rekik Development Consultants Plc [email protected] Page 48
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report 4.5 Expressway and Special Projects Contract Administration Directorate
The directorate is accountable to the Deputy Director General for Construction Department of ERA. It is established with the mandate of contract administration of the expressway and special projects of the country.
4.6 Environment, Social and Occupational Health and Safety Directorate
The directorate is responsible to supervise, monitor and evaluate the overall environmental, social safeguards as well as occupational health and safety issues across the whole ERA’s projects.
The following table shows the different organizations operating at Federal level that will have the role and responsibility in the planning and implementation of the upgrading of the road project.
Table 4.6.1: Shows Responsibilities of institutions/stakeholders that will have role during Planning and implementation of the RAP[A2]
No. Organizations Responsibility 1 Organizations at Federal Government Level Provide overall policy guidelines and coordination at 1.1 Ministry of Transport Ministerial level and also provide adequate governance and management Ministry of Finance and Approval and signing of credit with World Bank. Release 1.2 Economic Development and approval of fund for compensation Issue environmental policies, guidelines and standards as Environment, Forest and well as monitor proper implementation of these policies 1.3 Climate Changes and guidelines throughout the project development phases. Involve in appraisal and monitoring of the RAP Overall Management and Budget Allocation for the project implementation; Coordinate with Federal and 2. Ethiopian Roads Authority Regional Authorities in the planning and implementation of the project Advising senior management and assisting in the decision-making process on all road sector ERA’s Environment, environmental and social issues; Social and Occupational 2.1 Monitor and Evaluate the safeguard issues of the road Health and Safety sector projects. Management Directorate Provide technical support for the project office in training, and related activities etc.
Rekik Development Consultants Plc [email protected] Page 49
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report No. Organizations Responsibility The ROW Management teams under ERA’s Expressway Contract Management Directorate is responsible for making available the required land for road/highway construction and maintenance, the establishment of materials sources (borrower pits and quarries) and camp sites and for implementation of Resettlement Action Plans (RAP). The Right-of-Way Management Teams are responsible to facilitate and verify the proper identification and registration and also ensure that thePAPsall affected Right-Of-Way 2.2 properties and assets are properly counted and recorded Management Teams meanwhile the proper conversion of the recorded properties into monetary value in accordance with the unit rate of the replacement value based on the applicable legislations, in liaison with the respective woreda compensation and property valuation committees. Once the identification and registration of PAPs and their affected properties and assets is completed by established property valuation committee; the ROW agent will review and send ERA’s Expressway Contract Management Directorate to affect the payment. Drafting, reviewing, analyzing and approving construction contract documents. Contract awarding with ERA'S Legal Affairs other assigned members of committee is the other 2.3 Service Directorate responsibility of the Directorate. The Directorate
develops and implements strategies for claims and dispute resolutions. Accountable for the contract administration of the Expressway and Special expressway and special projects of the country. The Projects Contract following table shows the different organizations 2.4 Administration operating at Federal level that will have the role and Directorate responsibility in the planning and implementation of the
upgrading of the road project. Play important and significant role in the implementation Regional Government of this RAP by giving guidance and in coordinating the 3 administrative zones and Woredas crossed by the project road. Oromia Regional State Oromia regional state has an important and significant 3.1 role to play in the implementation of this RAP by giving
Rekik Development Consultants Plc [email protected] Page 50
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report No. Organizations Responsibility guidance and in coordinating the Administrative zones and woredas crossed by the project road. It has also responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of the region. Play major role in planning and implementation of the resettlement activities in their respective localities. The woreda administration will be the main contact point and is responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The woreda will be responsible in establishing the Property valuation 3.2 Woreda Administration committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land for land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land. Woreda will also involve in establishing grievances redressing committee and follow up its implementation. Kebele administrations provide advice on the fairness in relocation process and valuation of compensation and coordinate on the support to be made for vulnerable groups. They work closely with woreda property 3.3 Kebele Administration valuation, resettlement implementation and grievance redressing committees. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs. Woreda Committee 4 Structures Property Valuation Conduct property inventory and asset valuation of 4.1 Committee affected properties based on the Proclamation No. 455/05
Grievance Redressing The GRC plays the leading role in receiving, Committee investigating, processing, resolving and documenting the 4.2 grievances presented at its jurisdiction. Receive complaints or any concerns from individuals or the community.
Rekik Development Consultants Plc [email protected] Page 51
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 4-1:Organizational Roles and Respo[A3]nsibilities Channel
Rekik Development Consultants Plc [email protected] Page 52
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
4.7 Regional Government Level
According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions. This is also true for Wereda (or district) administrations. Each Wereda administration is governed by its own elected council. The Wereda council is more or less similar to that of the Federal & Regional Parliament in its structure; and appoints the executive committee which is responsible to run the day today activities of the Wereda.
At Regional level, it is the Wereda administration offices that are located along the project road corridor that will have a major role and responsibility in the planning & implementation of the resettlement activities in their respective localities. The Wereda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA’s Regional Directorate.
4.8 Oromia Regional State
Since this road project is fully located inside Oromia region, the regional state has an important and significant role to play in the implementation of this RAP by giving guidance and in coordinating the Administrative zones and weredas crossed by the project road. According to the Constitution of FDRE, Regional States have the duties and responsibilities for planning, directing and developing social and economic programs, as well as the administration, development and protection of resources of their respective regions.
Hence, the ORNS is the major stakeholder in the coordination and implementation of this RAP and other associated activities.
4.9 Wereda Administration
Wereda administration offices that are located along the project road corridor will have a major role and responsibility in the planning and implementation of the resettlement activities in their respective localities.
The wereda administration will be the main contact and is also responsible to facilitate the relocation of PAPs and work closely with ERA's ROW Agents. The wereda will be responsible in establishing Resettlement and Implementation Committee and the Property valuation committees; in coordinating the valuation process and facilitate compensation for PAP; in facilitating land-for-land compensation, facilitating the relocation sites and the restoration of services, and maintain data of properties removed from expropriated land.
Rekik Development Consultants Plc [email protected] Page 53
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Weredasectoral offices, such as office of agriculture, environment, justice and water play important roles in the implementation of this RAP by participating in compensation, property valuation, and grievance committees.
4.10 Kebele Administration
Kebele administration units are the smallest unit of administration in Ethiopia and that has its own elected council and executive body. Kebeleadministration provides advice on the fairness; in relocation process and valuation of compensation and, coordinate on the support to be made for vulnerable groups. They work closely weredaresettlement/compensation committee and property valuation committee. Kebele administration has the direct contact with PAPs and the focal point to address the problems issues to be raised by PAPs.
4.11 Woreda Committee Structures 4.11.1 Property Valuation Committee Whereas, the respective woredas has established the Asset Valuation Committee /AVC/ based on the Proclamation No. 455/05, article 10 and regional directives. The committee composed of five members of whom 3 experts or members represented from the woreda administration, Municipality and Agricultural offices, as well as 2 representatives from the community. ERA’s ROW agent actively participates during the asset’s valuation processes as facilitator or non- signing member.
4.11.2 Grievance Redressing Committee In consultation with the community, the project in collaboration with the respective woredas (ArsiNegele and ShashemeneZuriya) Administration has established grievance redressing committee with mix of representation from the local administration, local community and PAPs. Among administration representation, the office of women and children affairs has been deliberately included in order to address the issues related gender-based violence /GBV/. The GRC plays the leading role in receiving, investigating, processing, resolving and documenting the grievances presented at its jurisdiction. The GRC receive complaints or any concerns from individuals or the community.
Rekik Development Consultants Plc [email protected] Page 54
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
5 Impacts of the Project Road
The RAP survey informed that the construction of the new four lane dual carriageway road will have impacts in the rural sections. The obstruction list shows that the impact is on farmland, grass land, houses, trees, utilities, fences and also on limited number if graveyards. All PAPs'farmlands are to be partially affected and the PAPs still maintain some portion of land falling outside the RoW limit. With regard to the affected houses, PAPs could relocate their houses within the adjacent residual land and no need of resettlement elsewhere. In addition, some trees, limited number of utility services and fences are falling with RoW limit for which compensation amount estimated and paid. The total no of HHs affected by the project road is 873 (234 Female headed, 608 Male headed and there are also 11 institutions affected. The summary of HHs and Institutions affected is presented in Table 5-1.
In the long term, the construction of Lot-4Arsi Negele - Hawassa road is hoped to contribute for the improvement of the livelihood of the local populations and development of the project area. Generally, with the construction of the project road, it is expected that there will be improvement in agricultural activities, particularly in the area of crop and livestock production and in its marketing network. Similarly, there could be high potential for growth and development in trade and businesses activities; and also growth and improved linkages between urban and rural areas.
Detail impacts (both negative and positive)of the project due to construction is summarized and presented below:
5.1 Positive Impacts
5.1.1 Employment Opportunities for Local Communities
The construction of the project road is expected to create employment opportunities and job for the local communities. The youth and women residing in the project area will benefit from the employment opportunities created due to the construction of the road. It can be assumed that this will be a significant contribution to the reduction of poverty at the household level. During the series of consultations held with local youth group, high employment expectation found to be the overriding concerns for all.
The participation of the local community in the construction of the project road, employment for semi-skilled and unskilled labour force should be encouraged from the project area and more opportunity or priority in employment should also be given for women and in particular to female headed households. If such employment mechanisms are adopted the project would contribute to the creation of jobs and income, and improvement of the local economy; increase the revenue capacity of the project area, and will also bring in skills and knowledge to the locality.
Rekik Development Consultants Plc [email protected] Page 55
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
In the process of employment, the contractor is also expected to respect and abide with the LabourCode of the country; and give priority to the employment of the local population, and specifically to women.
Enhancement Measures
The contractor willemploy its casual and semi-skilled workers preferably and mainly from the local population residing in the project road corridor. Ensure women’s employment and improve their employment opportunities and working conditions. Develop guidelines and regulations to ensure that women receive equal employment opportunities. Women in the project area have very limited exposure of working in big projects such road construction. However, the construction of the project road is expected to create new opportunity and skill for women. In this process, close reference the national labor proclamation is mandatory,especially those provisions related to wage, work safety regulations, and related issues. ERA and local authorities willassign inspectors to monitor that appropriate implementation of the labor code and other policies and guidelines of the country are respected; and appropriate standards are maintained.
5.1.1.1 Employment of Women The Project is expected to consider special needs of women for employment. Female headed households in particular could be given priorities for employment opportunities. They could be hired as laborers, time keepers, store keepers and in similar other activities during the project implementation. This does not mean they are not entitled for other positions, provided they have the required skill.
Women could earn income through sales of goods and services produced and made by them to the construction workforce. Women are engaged in providing catering services, coffee and tea shops, kiosks and bars along the road are managed and run by women, in some of the areas it is particularly run and managed by female-headed households. Such type of income generating activities could increase their income with better and safer stopping places for cars, trucks and buses. Bigger volume of traffic movement and flow can increase these income-generating activities.
Women willalso have transport access to the different social services and markets due to the construction of the project road. Women also will benefit from the decrease in the prices of goods due to decreasing transport costs. The positive impacts stated above could only be realized if access to services and opportunities, such as, credit, education, health, and etc are equally provided for women.
There will be temporary income opportunities created to residents in the project area during construction works. Businesses such as, catering services (or small bars and restaurants) located
Rekik Development Consultants Plc [email protected] Page 56
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report along the project road and near construction camps, etc. could createadditional income due to the presence of large numbers construction workers. More traffic movement could also contribute to an increase in income-generating activities in the major towns and for small towns located along the project road.
Enhancement Measures
ERA and local authorities will set regulations / guidelines to ensure and improve the employment opportunities of women in the road construction works. The guidelines are to ensure that women receive equal chance for employment on construction sites. Contractors willcreate employment opportunities for women in general and give priority for female headed households in particular. Women workers willbe assigned in those jobs which are fit to their biological and physical conditions.
5.2 Negative Social Impacts and Mitigation Measures
There are a number of negative impacts that influence the life style of the resident along the project road, and some of the negative impacts could be avoided if proper mitigation measures are carried out. The negative impacts are related to expropriation of farmland, crop loss, spread of malaria, STD and HIV/AIDS, growth of squatters and uncontrolled settlements, noise disturbance, spoil dumping and pressure on local services and facilities, and impact on settlements.
The detail of the negative impacts and mitigation measures addressed in this updated RAP, including the estimated cost, is presented as follows.
5.2.1.Affected Houses and Fences within 90 meters width of ROW
The project willaffect 110 housesof different levels of which 86 are male while the remaining 24 are female. Out of the total affected houses 62 are Tukul followed by, 48 houses constructed from Mud Wall.
The affected houses are estimated on the basis of the unit cost based on the current market price for compensation provided by Wereda Administration as per the national Proclamation No 135/2007. The above table presents the average unit costs applied for estimating the budget of reconstructing the affected houses and fences.
The total budget requirement for compensating the affected houses and fences has been estimated to be ETB 36,093,997.51. the details are provided in the table 5.1 and 5.2.
Rekik Development Consultants Plc [email protected] Page 57
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table5.1: Summary of affected houses of different level and fences by gender and amount of compensation in ArsiNegele
Affected houses in m2 ArsiNegele Total Unit Unit Level Unit No Description Level 1 Total Price Level 2 Total Price Total Price amount in Number of HHs Price Price 3 Price ETB Total Male Female 1 Mud wall 315.09 248.08 48.27 19 14 5 2,458.36 774,604.65 1,119.98 277,844.64 1,801.57 86,961.78 1,139,411.07 2 Tukul 1257.985 897.83 284.29 21 15 6 1,167.56 1,468,772.97 1,019.98 915,768.64 883.26 251,101.99 2,635,643.60 3 Fences in 3153.4 889.2 32 30 2 meter 400.00 1,261,360.00 4,597.50 200.00 919,500.00 150.00 133,380.00 2,314,240.00 Total 3,504,737.62 2,113,113.28 471,443.77 6,089,294.67
Rekik Development Consultants Plc [email protected] Page 58
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 5.2: Summary of Affected houses of different level and fences and amount of compensation in Shashemene
Affected houses in m2 Shashemene Leve Unit Total Level Unit Total Level Unit Total Leve Unit Total Number of HHs l 1 Price Price 2 Price Price 3 Price Price l 4 Price Price Total N Descrip amount in o tion Fe ETB Tot m Male al al e 1 Mud wall 592.1 1222.2 489.62 209,674.26 5,296,740.57 29 26 3 8 2,460. 1,456,816. 7 2,247. 2,747,186. 1,803. 883,063.9 136.6 1,533. 09 10 61 27 57 4 9 94 2 Tukul 441.9 1774.6 1024.6 75,961.87 3,305,979.80 41 31 10 1,169. 516,731.3 5 1,018. 1,807,072. 65 884.40 906,213.7 104.9 723.86 34 5 27 86 3 4 3 Fences in 6291 2739 - 4,867,825.00 102 89 13 meter 500.00 3,145,500. 4,972. 250.00 1,243,000. 175.00 479,325.0 00 00 00 0 Total 285,636.13 5,119,047. 5,797,259. 2,268,602. 13,470,545.37 44 13 67
Rekik Development Consultants Plc [email protected] Page 59
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
5.2.1 Impact of the Project on Farmlands The findings of the fieldwork showthat the project road will affect a total of 553.64 ha of annual crop land. The main social impacts of the road project on crop land occur in Shashemene (418.024 ha). In ArsiNegele the affected cropland is (135.618 ha) while 10.8 ha of grass land affected in ArsiNegele and 9.73 ha in Shashemene.
The unit rates for loss of perennial crops and annual crops from lost agricultural land will be revised by the valuation committee and submitted for approval to the Resettlement/Implementation committee and ERA by adopting the methodology presented for crops as per Regulation No 135/2007. The revision of the unit rates by the valuation committee will be done during the implementation of this RAP and prior to the commencement of construction works. The details are provided in table 5.3 and 5.4.
Table 5.3: summary of affected land by gender and utilities and amount of compensation
Unit price in Total amount of Affected HHs By Sex No. Description Total in hectare Institution hectare in ETB compensation Male Female 1 Affected farmland 135.616 878,367.00 119,120,619.07 248 76 - 2 Affected Grassland 10.774 415,000.00 4,471,210.00 47 13 1 Utilities (Electric pole) 50 50,000.00 3 1,000.00 Graves 134 837,500.00 4 6,250.00 Total 124,479,329.07
Table 5.4: summary of affected land by gender and utilities and amount of compensation in Shashemene
Unit price in Total amount of Affected HHs By Sex S. No Description Total (in hectare) Institution hectare in ETB compensation Male Female 1 Affected Farmland 418.024 989,130.00 413480,079.12 419 96 2 2 Affected Grassland 9.732 415,000.00 4038,780.00 47 13 1
Rekik Development Consultants Plc [email protected] Page 60
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Utilities (Electric pole) 0 0.00 3 1,000.00 Graves 470 2937,500.00 4 6,250.00 Total 420,456,359.12
Rekik Development Consultants Plc [email protected] Page 61
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
5.2.2 Impact of the Project on Trees In addition to farmland, there are also various trees within the ROW along the road alignment among the trees affected Warka, Wanza, Eucalyptus, Bisana, Accacia and others. The compensation for the affected are calculated based replacement cost principle in accordance with National legislation and OP 4.12 of the World Bank. The details are provided in the summary table 5.5 and 5.6.
Rekik Development Consultants Plc [email protected] Page 62
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 5.5: Summary of affected trees and the amount of compensation by gender in ArsiNegele
Number of HHs by Number of Big trees and Number of medium trees and Number of small trees and total sex total compensation total compensation compensation No Description Grand Total ArsiNegele Total amount In Tot Big Unit price Total amount Medium Unit price Total amount Small Unit price M F in ETB st al 1 Warka 28 8,000.00 224000 1 5000 5,000.00 0 2000 - 229,000.00 19 4 0 23 2 Acacia 201 2,500.00 502500 2078 2,000.00 4156,000.00 1501 1,500.00 2251,500.00 6910,000.00 128 46 2 176 3 Bisana 53 2,500.00 132500 190 1,000.00 190,000.00 243 900.00 218,700.00 541,200.00 29 7 0 36 4 Nim Tree 2 400.00 800 17 200.00 3,400.00 3 175.00 525.00 4,725.00 4 5 0 9 5 Wanza 23 4,000.00 92000 38 2,500.00 95,000.00 35 1,500.00 52,500.00 239,500.00 12 5 0 17 6 Tid 1 2,500.00 2500 1 2,000.00 2,000.00 1 800.00 800.00 5,300.00 2 0 0 2 7 Kulkuwal per meter 352 400.00 140800 473 200.00 94,600.00 106 150.00 15,900.00 251,300.00 24 6 0 30 8 Eucalyptus 195 3,200.00 624000 343 1,800.00 617,400.00 2507 250.00 626,750.00 1868,150.00 17 3 0 20 Total 855 1719,100.00 3141 5163,400.00 4396 3166,675.00 10,049,175.00
Rekik Development Consultants Plc [email protected] Page 63
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 5.6: Summary of Affected trees and amount of compensation by gender in Shashemene
Number of Big trees and total Number of medium trees and Number of small trees and total Number of HHs by sex N Descriptio compensation total compensation compensation Grand Total ArsiNegele o n Medi Unit Total amount Ins Tot Big Unit price Total amount Total amount Small Unit price M F um price in ETB t al 1 10 5 5000 6 2000 12 3 0 15 Warka 8,000.00 80000 25,000.00 12,000.00 117,000.00 2 75 117 319 49 1 0 60 Acacia 3,000.00 225000 2,000.00 234,000.00 1,500.00 478,500.00 937,500.00 1 3 234 189 828 120 2 2 146 Bisana 2,500.00 585000 1,000.00 189,000.00 900.00 745,200.00 1,519,200.00 4 4 18 7 36 5 0 0 5 Casmir 1,450.00 26100 860.00 6,020.00 760.00 27,360.00 59,480.00 5 120 93 961 92 1 0 107 Jacaranda 2,000.00 240000 1,100.00 102,300.00 600.00 576,600.00 918,900.00 5 6 16 1 3 9 0 0 9 Nim Tree 400.00 6400 200.00 200.00 175.00 525.00 7,125.00 7 22 24 31 21 6 0 27 Wanza 4,000.00 88000 2,500.00 60,000.00 1,500.00 46,500.00 194,500.00 8 0 0 - 38 1 0 0 1 Tid 2,500.00 0 2,000.00 800.00 30,400.00 30,400.00 9 17 13 2 12 5 0 17 Weyra 3,000.00 51000 2,000.00 26,000.00 800.00 1,600.00 78,600.00 10 133 285 638 38 4 0 42 Gulo 200.00 26600 150.00 42,750.00 75.00 47,850.00 117,200.00 11 26 0 - 55 7 1 0 8 Grevilia 2,000.00 52000 1,500.00 1,300.00 71,500.00 123,500.00 12 19 3145 12448 35 5 0 40 Eucalyptus 3,200.00 60800 1,800.00 5,661,000.00 250.00 3,112,000.00 8,833,800.00 13 13 0 47 Coffee 800.00 10400 300.00 14,100.00 24,500.00 703 1,451,300.00 3879 15412 Total 6,346,270.00 5,164,135.00 12,937,205.00 Rekik Development Consultants Plc [email protected] Page 64
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
5.2.3 Impact on the Public Utilities: Electricity pole The project road will require the relocation of 50 electricity poles. The office head of the Ethiopian Electric and Power Corporation were requested to provide the amount for the relocation of the system. According to the authorities, the counting of the affected poles is not an adequate method for calculating the magnitude of total losses. The estimation requires on site evaluation by their experts. At this stage, an average cost of Birr 1000 per pole can be used for preparation of relocation budget estimate. Exact cost assessment shall be done when actual relocation takes place. Based on this, the total budget required for relocating the affected 50 poles will be ETB 50,000.
5.2.4 Impact on Graveyards In the project area, there are a number of communal and private graveyards situated near homesteads are604. Consultation with close relatives was conducted and they are agreed to relocate as per the compensation law (proclamation no. 455/2005) as well as in accordance with the culture of the area. Compensation estimate for relocation and religious ceremonies during the relocation was discussed with the relatives and community elders and agreed on the amount required for the relocation of the remains into other appropriate location.
Mitigation Measure - Discuss with close relatives on the process of relocation, - Cover all the expenses of removal of the gravestones, preparing another burial ground, relocation/reburialand all the religious or cultural ceremonial expenses.
Compensation for graveyards is estimated on the basis of cost incurred to remove the burial stones, preparation of other burial grounds, relocating the corpses and conducting religious ceremonies and cultural practices and agreed upon to be ETB 6250.00 per grave to be relocated.
5.2.5 Impact on Women High level of gender disparity between men and women negatively affects the development of a nation at large. In addition, disproportionate impact of development intervention on men and women are quite common. Resettlement/relocation of PAPs by and large disproportionally affects women morethan men. Resettlement/relocation might lead to the breakdown of community social networks and this has impact on the PAPs in general and women PAPs in particular, as women are believed to be closer to the family and its local network that caters the social capital needs of a household. In road construction works, women specific needs hardly considered (due to biological and physical conditions). In addition, discrimination against sex line is quite common.
Rekik Development Consultants Plc [email protected] Page 65
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Discriminatory practices compounded with lack of other employment opportunities tend to force women to carry out other marginal activities and to be engaged as sex workers. The risk of infection with HIV/AIDs and STDs partly attributed to such established practices.
The negative impacts of the project road on women include:
Increased risk of exposure to sexually transmitted diseases and unwanted pregnancies, Price increase of consumer goods due to the coming of large number workforce to the area in particular will make FHH vulnerable to economic crisis.
Most construction companies prefer to employ only men, and this will lead to unequal treatment women during employment of the construction work force.
Mitigation Measures
The following mitigation measures a will be implemented to by the Contractor:
Ensure women's participation and improve their employment opportunities by developing guidelines and regulations to ensure that women receive equal employment opportunities and to avoid discrimination against women. Provide education and awareness creation on reproductive health, STD and HIV/AIDS to women residing in the project influence area. Support FHH and other women interested or willing to provide catering services to contractors’ work force. Such measure will encourage local women be able to generate income to support their families. Assign female workers to those works that are accepted to be appropriate for their biological and physical condition. Give special attention for female headed households in employment and delivery of other services. Consult women on the proposed mitigation measures to address those negative impactssince the different types of negative social impacts affect more on women than men. Gender mainstreaming to address the above project-related risks and promote women’s conditionas well asincludea gender specialist (focal person) within the HIV/AIDS sub- contractor team.
5.2.6 Impact on Child Labour Experiences from other projects show that road construction works attract local population and in particular children below 14 years of age seeking for employment opportunities. It is also true that road construction works generate good employment opportunity for the local population. However, sometimes it would negatively influence and attract young children to drop out of school. Similarly, children who are below the age of 15 might also be attracted by the availability of employment opportunity in the locality.
Rekik Development Consultants Plc [email protected] Page 66
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
If children below the age of 14 are employed in the construction works it may lead to exploitation of children and at the same time it is violation of FDRE law. Child labour can be harmful and create psychological and social problems in the community. Labour law of Ethiopia does not allow hiring a child below 15 years old.
Mitigation Measures Take strict measures against employment of children. Work closely with local authorities to stop employment of under age children in the road construction works. Strictly follow and abide with the national regulation on child labor.
5.2.7 Exposure to HIV / AIDS and other Sexually Transmitted Diseases (STD) In Ethiopia, the HIV/AIDS pandemic is one major health and development threats affecting considerable portion of the population, mainly the age group of 15 to 49 years.
Road construction expected to trigger risks of HIV/AIDS and other STDs due, mainly, to high and additional influx of labor and people to the project site corridor. The influx of high risk groups, including mobile workers, commercial sex workers exacerbates the situation and this deserves special heath interventions to minimize risks and exposures and create awareness on the issue.
Mitigation Measures Inform construction workers and local population through awareness raising and education campaigns about HIV / AIDS. This has to be done on the one hand by the contractor, responsible for workers and on the other hand by the communities, along the project road, targeting especially women. At the community level, special information campaigns for women should be enhanced. Provide condoms at subsidized rates or for free and health facilities must be supported with supply of condoms and must communicate information about risks. To have an effect in the longer term, schools should include information campaigns and/or special courses, as suggested below. Conduct education and awareness creation campaigns on the spread and transmission of STDs and HIV/AIDS for construction workers and local communities living close to the construction camp sites. Provide free distribution and provision of condoms to construction workers by the Contractor to avoid the spread of STDs and HIV/AIDS. Put educational posters and flyers on HIV/AIDS, using local languages at public gathering locations, bus terminals, schools and by road sides to minimize the spread of HIV/AIDS. Adopt FDRE and ERA’s Policy on HIV/AIDs, and provide special care and support to HIV/AIDs positive staff and AIDs patients.
Rekik Development Consultants Plc [email protected] Page 67
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Spread education for preventing communicable diseases, STD and HIV/AIDS and for practicing “safe sex” by using condom. Discourage the influx of sex workers (in some cases young and under aged girls) from major towns and cities to the project area. Monitor the above mitigation measures through proper monitoring indicators.
The overall intervention to prevent and control HIV/AIDs in the project and project impacted community should be in accordance with Federal HIV/AIDs Prevention and Control office’s guideline to contribute for its strategic objectives. As part of the intervention; this servicesis out sourced to specialized firm (MEDSACO Social Affairs Consultancy) and the budget has already been proposed within this RAP document.
Rekik Development Consultants Plc [email protected] Page 68
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
6 Eligibility Criteria and Project Entitlement
The ERA/RPF Policy Framework is in line with the eligibility criteria contained in, China EXIM Bank, AfDB and the World Bank’s OP/BP 4.12 operational policy procedures on Involuntary Resettlement.
Accordingly, compensation for lost assets and replacement costs will bemade for both titled and untitled land holders. All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost.
The cut-off-date for compensation eligibility has been set at March 20, 2018 for all PAPs. A careful count and identification of the existing properties and affected persons has been conducted together with local officials. The consultant had given the full list of PAPs to each respective kebeles. Any person who constructs a house or a structure in the right-of-way after the cut-off-date will not be eligible to compensation or subsidies. The cut-off date has been made publiclydisclosed ineach project kebeles and property owners during consultation with stakeholders, PAPs and Community.
Compensation will not be paid for any structures erected or trees planted purely for the purposes of gaining additional compensation after the cut-off-date. Compensation will be paid for public buildings as well as private house owners. Also due compensation will be paid for public utilities, telephone and electricity poles. All transitional and moving allowances and compensation for temporary land loss will be directly paid to those affected. Compensation, both small and large amounts will be paid transferredto the Bank Account opened by the PAPs (joint account for married).
Disbursements will be ensured by ERA and will take place in the presence of the compensation committee as well as the spouse or spouses of the individual PAPs.
Based on Ethiopian laws, China EXIM Bank, AfDB and World Bank OP 4.12, the following is the entitlement matrix for the project:
Rekik Development Consultants Plc [email protected] Page 69
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
6.1 Project Entitlement Matrix
Land & Assets Types of Impact Person(s)Affected Compensation/Entitlement/Benefits
Land for land replacement could be the first and best option in reinstating the livelihood of the PAPs. If there is shortage of land in the Woreda or if the PAPs chooses, cash compensation and the land is acquired temporarily, cash compensation will be paid for the harvest or product from the affected land equivalent to average market value for last consecutive five years multiplied by the number of years the land is temporarily required. If the land take is permanent, cash compensation will be paid for the harvest or product from Loss of farm land partially Farmer/ title holder the affected land equivalent to average market value for last consecutive five or completely. Less than years multiplied by ten (ten years). In cases where the PAPs want to continue 20% of land holding land-based livelihoods, the client will exert maximum effort to provide land affected Land remains and demonstrate the process. PAPs who will be targeted for livelihoods economically viable. restoration will be provided transition allowance for the period between compensation payment and commencement of livelihoods restoration. This will be determined during the livelihoods needs assessment and plan preparation. Cash compensation for the harvest or product from the affected land or asset, Agricultural land equivalent to average market value of for last consecutive five years, or Tenant/ lease holder market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Land for land replacement could be the first and best option in reinstating the livelihood of the PAPs. If there is shortage of land in the Woreda or if the Pap’s choose cash compensation, cash compensation will be paid for the harvest or product from the affected land equivalent to average market value for last consecutive five years multiplied by ten (ten years). Greater than 20% *of Land for land replacement will be in terms of a new parcel of land of land holding lost means equivalent size and productivity with a secure tenure status at the same Farmer/ Title holder the remaining land will location which is acceptable to PAPs as much as possible. The cost of land not be Economically transfer to PAPs shall be free of charges (including taxes, registration and viable. other costs). Relocation assistance (costs of shifting + assistance in re- establishing economic trees + allowance up to a maximum of 12 months while short-term crops mature) PAPs who will be targeted for livelihoods restoration will be provided transition allowance for the period between compensation payment and commencement of livelihoods restoration. This
Rekik Development Consultants Plc [email protected] Page 70
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Land & Assets Types of Impact Person(s)Affected Compensation/Entitlement/Benefits
will be determined during the livelihoods needs assessment and plan preparation. Cash compensation equivalent to average of last 5 years’ market value for the mature and harvested crop or market value of the crop for the remaining Tenant/Lease holder period of tenancy/ lease agreement, whichever is greater. Relocation assistance (costs of shifting + allowance). Land for land replacement could be the first option in reinstating the livelihood of the PAPs. If there is shortage of grazing land in the Woreda or if Private grazing land the PAP’s choose cash compensation, cash compensation as per the owners productivity of the land and the current market price of the grass per square Grazing land located meter multiplied by ten years will be paid. Grazing land within the RoW The surrounding Land for land replacement: acceptable alternative grazing land to be agreed community who have with affected PAPs, if not, compensation will be paid as per the existing legal access or usufruct practice. right of the communal grazing land Land for land replacement could be the best option where feasible or cash compensation for affected land, taking into account replacement cost for the Title holder/ business lost property. Land used for business owner Opportunity cost compensation equivalent to 5% of net annual income based partially affected;Limited on tax records for previous year (or tax records from comparable business, or loss estimates where such records do not exist). Business owner is Opportunity cost compensation equivalent to 10% of net annual income based lease holder on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Commercial Land Land for land replacement or compensation in cash according to PAP’s choice; cash compensation to take into account replacement values. Land for land replacement will be provided in terms of a new parcel of land of Assets used for business equivalent size and market potential with a secured tenure status at an severely affected; the Title holder/business available location, which is acceptable to the PAP. remaining assets become owner Transfer of the land to the PAP shall be free of taxes, registration, and other insufficient for business costs. purposes Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or
Rekik Development Consultants Plc [email protected] Page 71
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Land & Assets Types of Impact Person(s)Affected Compensation/Entitlement/Benefits
estimates) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or Business person is estimates), or the relocation allowance, whichever is higher. lease holder Relocation assistance (costs of shifting) Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to re-establish the business. Land used for residence Land for land replacement is the first option. If the PAP’s choose cash partially affected, Title holder compensation, cash compensation will be paid for affected property, considering replacement cost for the affected properties limited loss; Remaining Cash compensation equivalent to 10% of lease/ rental fee for the remaining land viable for present Rental/lease holder period of rental/ lease agreement (written or verbal) use. Land for land replacement or compensation in cash according to PAP’s choice; cash compensation taking into account replacement values. Land for land replacement shall be of minimum plot of acceptable size under Residential Land, the zoning law/s or a plot of equivalent size, whichever is larger, in either the buildings and community or a nearby resettlement area with adequate physical and social Land and assets used for structures Title holder infrastructure systems as well as secured tenure status. residence severely When the affected holding is larger than the relocation plot, cash affected; Remaining area compensation to cover the difference in value. insufficient for continued Transfer of the land to the PAP shall be free of taxes, registration, and other use or becomes smaller costs. than minimally accepted Relocation assistance (costs of shifting + allowance) under zoning laws Refund of any lease/ rental fees paid for time/ use after date of removal Cash compensation equivalent to 3 months of lease/ rental fee Rental/lease holder Assistance in rental/ lease of alternative land/ property Relocation assistance (costs of shifting + allowance) Cash compensation for affected building and other fixed assets, taking into Owner account Replacement costs of structures and materials. In addition, Cash Structures are partially assistance to cover costs of restoration of the remaining structure Buildings and affected and remaining Cash compensation for affected assets, taking into account replacement costs structures structures viable for for assets and materials (verifiable improvements to the property by the continued use Rental/lease holder tenant). Disturbance compensation equivalent to two months rental costs
Rekik Development Consultants Plc [email protected] Page 72
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Land & Assets Types of Impact Person(s)Affected Compensation/Entitlement/Benefits
Cash compensation, taking into account replacement costs for structures and materials, for entire structure and other fixed assets without consideration of the depreciation costs, or alternative structure of equal or better size and quality in an available location, which is acceptable to the PAP. Owner Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training) Cash compensation for affected assets, taking into account at replacement cost for materials (verifiable improvements to the property by the tenant) Relocation assistance (costs of shifting + allowance equivalent to four months Rental/lease holder rental costs) Assistance to help find alternative rental arrangements Entire structures are Rehabilitation assistance if required (assistance with job placement, skills affected or partially training) affected Cash compensation for affected structures without consideration of Remaining structures not depreciation costs, taking into account replacement cost of the lost structure. suitable for continued use Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure Squatter/informal accommodation preferably in the community of residence through dweller involvement of the program) Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available Rehabilitation assistance if required assistance with job placement, skills training. Opportunity cost compensation equivalent to 2 months net income based on Street vendor tax records for previous year (or tax records from comparable business, or (informal without title estimates), or the relocation allowance, whichever is higher. or lease to the stall or Relocation assistance (costs of shifting) shop) Assistance to obtain alternative site to re- establish the business. Crops affected by land Cash compensation equivalent to average of last 5 years market value for the PAP (whether owner, Standing crops acquisition or temporary mature and harvested crop. tenant, or squatter) acquisition Cash compensation based on type, age and productive value of affected trees Trees Trees lost Title holder plus 10% premium
Rekik Development Consultants Plc [email protected] Page 73
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Land & Assets Types of Impact Person(s)Affected Compensation/Entitlement/Benefits
PAPs (families) of the Compensate fully for the relocation of the graveyard that covers all the Graveyards Relocation of graveyard deceased family expenses of removal of the gravestones, preparing another burial ground, members relocation/reburial and all the religious or cultural ceremonial expenses. Additional support (in addition to the entitled compensation and relocation Vulnerable people to allowance) to support during relocation and restoration of livelihood). . Such Assistance for Disproportion impact due be screened from the support could be in terms of labour during the reconstruction of affected vulnerable Groups to age, sex, disability, etc. PAPs houses, or in terms of money to cover expenses associated to failure of using his/her labour to rehabilitate or adjust at the relocated area. Those accessing the Utilities to be reestablished in the affected area; provision of similar Utilities Relocation of utilities services of the utilities temporary services until full resumption (especially water service) under the (water, electric etc.) new arrangement. Relocation allowance includes cost associated with re –establishing Relocation and Forced to relocate or shift All Affected residential houses, mobility costs and other ancillary costs (labour, transport, Shifting Households land clearing and labeling and other relevant costs etc.) Livelihood restoration measures will be planned and provided supplementary Loss of livelihood or Screened Households to the compensation paid for lost assets. To restore or improve their income Livelihood source of income for LR support level and livelihood; and ensure an improved standard of living or foster development benefits.
* The designated 20% threshold is not applicable for grazing land. It has been used only for farmland.
Rekik Development Consultants Plc [email protected] Page 74
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 6- 1: Implementation procedures for Project Impacts not covered under Project entitlement
Types of impact Implementation Persons affected Implementation procedures procedures
Exposure to HIV / AIDS HIV/AIDS Inform construction workers and local population through awareness raising and education and other Sexually pandemic is one campaigns about HIV / AIDS. This has to be done on the one hand by the project HIV/AIDS Transmitted Diseases major health and alleviation sub-contractor in close coordination with woreda functionaries, schools, project staff (STD) development and the local community at large. At the community level, special information campaigns for threats affecting women and school girls requires utmost importance. Provided condoms free and health facilities considerable must be supported with supply of condoms and must communicate information about risks. To portion of the have an effect in the longer term, schools should include information campaigns and/or special population, courses, as suggested below. Conduct education and awareness creation campaigns on the spread mainly the age and transmission of STDs and HIV/AIDS for construction workers and local communities living group of 15 to close to the construction campsites Provide free distribution and provision of condoms to 49 years who are construction workers by the Contractor to avoid the spread of STDs and HIV/AIDS. - Put considered to educational posters and flyers on HIV/AIDS, using local languages at public gathering locations, be high-risk bus terminals, schools and by road sides to minimize the spread of HIV/AIDS.- Adopt FDRE and groups. ERA’s Policy on HIV/AIDs, and provide special care and support to HIV/AIDs positive staff and AIDs patients. - Spread education for preventing communicable diseases, STD and HIV/AIDS and for practicing “safe sex” by using condom. - Discourage the influx of sex workers (in some cases young and under aged girls) from major towns and cities to the project area. Monitor the above mitigation measures through proper monitoring indicators Impact on Women Women resident in - Ensure women's participation and improve their employment opportunities by developing
Rekik Development Consultants Plc [email protected] Page 75
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Types of impact Implementation Persons affected Implementation procedures procedures
the project guidelines and regulations to ensure that women receive equal employment opportunities and to area avoid discrimination against women.- Provide education and awareness creation on reproductive health, STD and HIV/AIDS to women residing in the project influence area- Support FHH and other women interested or willing to provide catering services to contractors’ work force. Such measure will encourage local women be able to generate income to support their families.- Assign female workers to those works that are accepted to be appropriate for their biological and physical condition. Give special attention for female headed households in employment and delivery of other services. Since the different types of negative social impacts affect more on women than men, there is a need for women to be consulted concerning the proposed mitigation measures to address those negative impacts. Impact on Child Labor Children in the Take strict measures against employment of children. Work closely with local authorities to stop project area employment of under age children in the road construction works
Rekik Development Consultants Plc [email protected] Page 76
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
7 Livelihood and Income Restoration Measures
Livelihood and income restoration refer to reestablishment of income levels for the PAPs prevalent at the time of displacement. Income restoration is an important component for the resettlement of PAPs who have lost their productive base, businesses, jobs, or other income sources, regardless of whether they have also lost their houses. It is a dynamic plan or action that is used and required to re-establish the income streams overtime.
In livelihood and income restoration, issues such as, source of livelihood (monetary and nonmonetary), existing skills of PAPs, employment opportunities and income restoration options will be provided.
For PAPs who have lost their assets, livelihood and income restoration plans or programs may require government support and services.
The livelihood support believes to be long-term measures that may include non-land-based economic activities that will provide a sustained source of income over a longer period. It will be preceded by intensive need assessment and consultations with PAPs. In case of the road project under consideration, ERA has the responsibility in coordinating Regional, Zonal and woreda level government authorities, NGOs and other stakeholders to provide support towards the planning and implementation of livelihood restoration measures. Regional and woreda authorities are expected to play paramount roles in the livelihood restoration plans and actions of PAPs in providing advice, training, facilitating the provision and supply of credit services through micro finance institutions and, through micro and small business enterprise agency.
A livelihood restoration needs assessment terms of reference is prepared by ERA, reviewed and approved by the Bank for the road section. An indicative three (3) million USD budget is allocated for LRP. Thus, all project affected people will be targeted based on the scope of impact of land take, vulnerability, family size and other factors the assessment will set as relevant. A LRP need assessment for the PAPs will be conducted and the preparation will extensively explore and define the targeting criteria. The LRP need assessment should include: 1) a clear indication of the percentage of land the PAPs lost (distinguish between PAPs losing more and less than 20% of their landholdings and whether remaining parcels meet the minimum viable parcel size for farming or continue their livelihood); 2) efforts to offer land for land compensation as an option for those who want it; 3) development and implementation of a participatory and robust LRP as part of the RAP to ensure that PAPs are not worse off.
If as part of the livelihood restoration process, it is concluded that agriculture is the preferred and most viable restoration strategy, the woreda administration together with the kebele are responsible to make ready the land for the preferred livelihood. In addition, if there are livelihood activities that demand some plots of land, the PAPs should be given free of any transfer or title deed costs. Searching for and availing the land to the PAPs will be on the shoulder of the woreda administration.
ERA will take the responsibility for the implementation of LRP including the allocation of the required budget. The LRP need assessment will commence on end of March, 2020 and expected to be completed in three months. Then implementation will start on September/2020 since the new budget year starts on July according to the Ethiopia Fiscal Year.
The LRP including the need assessment will be reviewed and cleared by the Bank. Detailed monitoring and evaluation plan of the LRP implementation will be prepared as part of the LRP. An independent third
Rekik Development Consultants Plc [email protected] Page 77
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report party or firm will conduct a completion audit of the LRP implementation within three months after completion.
PAPs who will be targeted for livelihoods restoration will be provided with transition allowance for the period between compensation payment and commencement of livelihoods restoration. The transition allowance will be paid, to those PAPS who are identified as eligible for livelihoods restoration, with the soonest possible time following the completion of the scope of impact identification and verification by Independent Consultant that will be deployed for the preparation of LR and VG.
7.1 Additional Support for Vulnerable Group/PAPs
The issues of vulnerable people are given special consideration under Op 4.12; Paragraph 8 and Ethiopian Social Protection Policy). As per the Ethiopian National Social Protection Policy (Nov. 2014) the category of people indicated below are considered as groups who needs special support. In this document, the same national Policy has been referred in identifying the vulnerable groups who need additional support during relocation and dispossession of properties associated with the on-going road development activities. According to national social protection policy,a vulnerable group who needs the support includes:
Children under difficult circumstances, Vulnerable pregnant and lactating women, Vulnerable people with disabilities and people with mental health problems, Elderly who have no care and support, Labor constrained citizens unable to get basic social and economic services, Victims of social problems such as beggars, commercial sex workers, drug and medicine addicted, Citizens affected by HIV and AIDS and other chronic diseases that constrain their ability to work, Segments of the society vulnerable to violence and abuse, Segments of the society vulnerable to natural and manmade risks, Unemployed citizens, Citizens engaged in the informal sector and who have not social insurance coverage, Victims of human trafficking and repatriated emigrants,
During the RAP survey, all attempts were made to identify those PAPs that fall within the above listed category. As per the survey result 273 PAPs are found vulnerableand deserve additional support (in this case, 10,000 ETB per entitled vulnerable person had been proposed based on informal discussion with Vulnerable PAP’s and local experience from other similar project). This amount has been set as per thediscussion with VG to cover any extra costs that might incur on them due their disproportionate situation.There is no strict standard in setting the kind and amount of such support for vulnerable people in Ethiopia; conventionally cash support is the preferred one to off-set their disadvantageous position. It should be reminded that VG support is not a relocation assistance that could also be extended for other households who might be relocated.
Rekik Development Consultants Plc [email protected] Page 78
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
In this RAP, the vulnerable groups that will get special treatment are those who meet the above criteria. Based on this, there are 273 PAPs who will get special support and a budget is included for this. During the LRP need assessment and plan preparation, the same indicators will be used for targeting vulnerable groups for livelihoods restoration and transition allowance support. Vulnerable group plan will be developed together with the LRP that will identify the specific needs of the vulnerable group and the specific support they require within the resource available.
The implementation of vulnerable people support is scheduled to be implemented together with compensation paymentfor the affected Households.
Rekik Development Consultants Plc [email protected] Page 79
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
8 Public and Stakeholders' Consultation 8.1 Public Consultation
In Ethiopia, public consultation is an important and mandatory requirement for project planners and implementers. According to the FDRE Constitution, Article 92; “People have the right to full consultation and to the expression of their views in the planning and implementation of environmental policies and projects that affect them directly”. Details of Public and Stakeholders’ consultations summary areattached in Annex 2.
In the project road corridor, consultations with the project affected persons (PAP) located along the project alignment was made in order to inform PAPs including Vulnerable Groups like elderly, Female headed HHs about the planned project, consult and obtain relevant information on existing conditions or constraints of the study area. Public consultations were carried out with the different groups of the population drawn from the kebeles/villages crossed by the project road. The locations where public consultations were carried out include Allelu Elu, JilloGoba, AliiWoyyoo, Eddo Jigerssa, RafuuHaregessa andJalooDidaakebeles. The consultation focused on a number of issues such as, the nature of social impacts and benefits of the road to the community residing in the direct influence and indirect influence zone; payment of compensation for affected properties and other related rehabilitation measures, relocation and vulnerable groups assistance.
Similarly, information related to existing environmental and socio-economic features of the project influence area, as well as the views and opinions of the consulted people towards the planned road project were obtained during the consultation meetings.
The participants of the public consultation included:
Project Affected Persons, Vulnerable groups, Community representatives, Elders and traditional leaders, School Teachers, Health and Agricultural extension workers Representatives of Women and Youth Associations, Kebele Administration representatives,and other local government officials.
A total of four (6) public consultations were held with more than 217 PAPs and communities attending consultation meetings from 15/06/2018 to 22/05/2019; the summary is provided under table 8.3. During public consultations with PAPs and community groups that lasted for 1 to 2 hours each, a number of important points were raised and discussed. Key agenda points that were forwarded for discussion from PAPs and community groups included impacts of the project both positive and negative on local community members, issues regarding property registration and valuation for compensation, vulnerable groups and relocation assistance, presentation and discussion of compensation options available to PAPs.
8.2 Objectives of Public and Stakeholders Consultation Public and Stakeholders consultations were held with PAPs, community elders and local officials with the following key objectives among others:
. To inform PAPs and discuss about the nature and scale of adverse impacts of the project on their livelihoods in a more transparent and direct manner and seek their participation in the project cycle.
Rekik Development Consultants Plc [email protected] Page 80
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
. To give PAPs and communities a chance to have a say and express their views in the planning and implementation of the project that affect them directly. . To obtain qualitative as well as quantitative information on viable income generation and livelihood interventions which PAPs could engage themselves in order to restore their income and livelihoods in a self-sustaining manner. . To inform local authorities of the impacts, agree on a cut-off date, solicit their views on the project and discuss their share of the responsibility for the smooth functioning of the overall operation of the project. . To identify the fears, expectations and concerns of the population about the project road and the potential impacts due to the construction of the proposed project road; and also identifying the impacts and its mitigation measures.
8.3 Stakeholders' Consultation Formal as well as informal consultations were conducted during the field survey in different times. In addition to this,consultation also taken place with Shashemene and ArsiNegeleweredaadministration government cabinets and sector office experts. Informal discussions and interviews were made with key officials and experts of relevant regional, zonal and Wereda level offices, as well as some individuals found along the road. The details of the consultations are presented in Table 8-2.
The stakeholders were consulted to provide their expert opinion and views towards the impacts to be created due to the project road corridor, their role and involvement in the planning and implementation of this RAP and their contribution and expected participation they will have at the different stages.
Consultations were held at Shashemenewereda and ArsiNegele woreda officials with the intention of informing them on the nature and scale of impacts and their roles and responsibilities in the project, and discussing viable options and strategies for income and livelihoods restoration including the vulnerable groups support.
Local officials have a key role to play in the project including the power to expropriate landholdings and the responsibility to actively participate in the designing, planning and implementation of various sustainable development initiatives devised to restore income and livelihoods of PAPs,
. Local officials have pledged to ensure that the cut-off date will be observed by PAPs and other community members, . Local officials will continue supporting the project at all stages and participate in various committees that may have to be formed for the execution of the RAP, . Compensation, valuation and grievance and redress committee also formed on weredaofficials consultations, . Members from the project affected people, religious leaders, women wereda offices experts and agricultural experts are also included in the wereda Committee. . Women and project affected persons representatives also included in the committee. . Officials understand the problems that vulnerable groups are likely to face. Therefore, every effort will be made to provide them with special assistance throughout the project.
8.4 Major Findings of Stakeholders' Consultations Stakeholders consultation participants consider that the construction of the road to be highly beneficial and important to improve the socio economic situation of the population in the project road corridor and that its construction is also critical for the socio economic development and growth of the Administrative
Rekik Development Consultants Plc [email protected] Page 81
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report zone and Weredas; and the community in general crossed by the project road. The public has high expectations with the construction of the project road corridor and are of the opinion that they will have improved and easy access to transportation and that their livelihood also will be improved following the construction of the road. They also assume that delivery of social services will be enhanced and that the wereda and country level Growth and Transformation Plan (GTP) could be realized and that the poverty situation of the local population to be improved.
Table 8-1: Stakeholders Consultations Number of Participants Date of Major issues and Agenda Location Mal consultations Female Both remarks e Project Objectives, Timely discussion on RAP completion of Preparation the planned Implementation , Project by involvement of the reminding the sector offices in the significance RAP implementation of the project and property for valuation, acceleration The role and economic, responsibilities of social and Woreda property other valuation committee development and GRC endeavours The involvement and the participation of local stakeholders 15/05/2018 ArsiNegele 8 0 8 and the wider community during project implementatio n and project related matter is vital so we should work together. The representative from Consultant and Contractor remarked to work together in all raised issues
Rekik Development Consultants Plc [email protected] Page 82
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
8.5 Findings of Consultations with PAPs, Vulnerable Groups and Community Groups The issues regarding the property valuation and compensation were clarified for the participants detailing the formal organization of the property valuation committee and the GRC and its composition, the unit ret set for property valuationbased on the proclamation 455/2005 which explains how to calculate the rate, the detail tasks of the property valuation committee, the rights of the PAPs and the GRM as well as the payment of compensation by Bank transfer to the PAPs account (joint account for the Married).Moreover; the planned special assistance to vulnerable groups and the LRP to be prepared in the future to ascertain that the livelihood of the PAPs is restored.
Table 8-2: PAPs and VGs Consultations Date of Number of Participants Major issues and Agenda Location consultations Male Female Both remarks Property valuation Arsi Negele RAP and ESIA and compensation 04/06/2018 woreda, Ali 17 6 23 discussion should be under Weyo Kebele taken fairly and in timely manner The representative of Arsi Negele RAP and ESIA ERA, Consultant and 04/06/2018 woreda, Edo 37 13 50 discussion Contractor agreed to Jigessa Kebele work fair and timely compensation Property valuation Shashemene and compensation RAP and ESIA 26/02/2019 Woreda 62 12 74 Relocation discussion Allelu Elu kebele Assistance and VGs Support Property valuation Shashemene and compensation RAP and ESIA 26/02/2019 Woreda 20 0 20 Relocation discussion Fuji Goba kebele Assistance and VGs Support Property valuation and compensation RAP and ESIA 22/05/209 Dalo Dida 39 11 50 Relocation discussion Assistance and VGs Support Deka Request for Consultation on Mass 31/8/2018 DaluHarengemaK replacement land for Grave site ebelle grave sites
8.5.1 Consensus reached with PAPs and stakeholders on Preferences, Additional Demands, Expectations, Hopes, Aspirations and Needs while The summarized consensus reached at the public consultation on Preferences, Additional Demands, Expectations, Hopes, Aspirations and Needs
Preferences and Additional Demands Consensus and Agreement Reached with PAPs:
. We do not want “land for land” . An understanding has been reached that local compensation, just cash officials will provide all required support in the compensation. implementation of the RAP and all support for . Ten years’ equivalent households that may lose their land and assets.
Rekik Development Consultants Plc [email protected] Page 83
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
compensation is too little to . It is also agreed that the land for land replacement is compensate for a farmer who lost a primary option by the local administration based his/her farmland for good, on availability of replacement land and convenience . We trust that all affected property for PAPs. Cash compensation will also be are included and registered considered. accurately. . Compensation will be based on replacement cost and will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. To ensure compensation at replacement cost, planned compensation rates may be recalculated if the payment period is delayed due to inflation. . Property valuation committee will be established at woreda level in line with the legislation so the inventory will be handled in accordance with the legislations in case of complaints every PAPs have the right to take their cases to GRC if not satisfied to the formal court
Expectations, Hopes, Aspirations and Consensus and Agreement Reached with PAPs: Needs:
. We elderly people expect to be . ERA will provide special support and care for provided with special assistances. vulnerable households identified in this RAP and . Project affected persons should be assist them in re-establishing their livelihood. given a special consideration in all . Compensation payments will be issued in the names available employment of both spouses or heads of households, and other opportunities both short-term and resettlement assistance, such as skills training, and long-term. job opportunities, will also be provided to both men . We hope and aspire to help and women according to their needs. ourselves through using . ERA will provide support in planning and compensation payments for useful implementing livelihood restoration measures for and productive purposes such as PAPs. This could be done by organizing them building dwellings, opening retail through micro and small scale enterprises in a form shops and business, opening of cooperatives or associations based on the interest restaurants to serve the demand and willingness of PAPs. that might come with the project, . The wereda administration agrees that it will engaging in agricultural goods monitor the implementation of the RAP is carried trading, organize ourselves into out as per the law and ensure that PAPs are groups and engage in services such compensated for lost assets and properties as per the as ground transport (vehicular) and proclamation and as per OP 4.12 requirements grain milling. indicated in this RAP. . If the road project helps us to . PAPs consulted in all the kebeles that are crossed by form associations, we can support the project road have agreed to provide all their ourselves with different income support towards the implementation of the RAP. generating activities like oxen . In places where family graveyards will be affected fattening, small scale irrigations due to the construction works, the kebele authorities and vegetable crop productions. and the public have reached understanding to relocate the grave yards to new locations.
Rekik Development Consultants Plc [email protected] Page 84
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appreciation and Positive Comments: . We agree on and pledge to observe the cut-off date as per the project request, . We commit ourselves to support the implementation of the various components of the project in every way we can.
The kebele administration has also agreed to coordinate its removal and reburial to new locations in line with the cultural and religious practices of the communities. In the project area there are more than one communal grave yard sites and some graveyards are even located in nearby homesteads. Hence, the actual number of graveyards might increase during the construction of access road and detour as well. . The ceremony and other costs to transfer the corpses will be covered by the Project Developer and it is included in the RAP document. . The amount of compensation for a burial ground is determined on the basis of estimated costs to be incurred for removing the grave stone, preparing other burial ground including mass grave site, transferring, relocating the corpse, and for conducting religious and ritual ceremonies in relation thereto. It is calculated based on current market price as it is indicated in the Council of Ministries Regulation No.135/2007 and OP 4.12 for payment of Compensation for properties Situated on Landholding expropriated for public purpose, Article 12(1). The amount of costs stipulated under sub Article (1) of this Article shall be determined on the basis of the current local market prices of materials, transport services and labor Article 12(2). . PAPs have agreed and committed not to carry out any construction activities inside the ROW after the agreed cut-off date. . In some locations, where cattle cross the road regularly on daily basis to the river for drinking water, the project will construct cattle crossings in order to facilitate traffic movement.
Figure 8-1: Consultation Pictures
Rekik Development Consultants Plc [email protected] Page 85
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 8-2: PAPs and VGs Consultation at Shashemene Woreda Allelu Elu Kebele
Figure 8-3: PAPs Consultation at Shashemene Woreda Fuji Goba Kebele
Rekik Development Consultants Plc [email protected] Page 86
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 8-3: Summary of Consultation Discussions
Consultation Main Agenda Issues raised by the Response given for the concerns of Type/Level/Target Participants Concerns participants participants Group Woreda Level Woreda officials 8 Male Project objective, RAP Timely compensation for Regarding compensation issue, it was Consultation at participants and preparation and lost asset is major concern. explained by the woreda officials that ArsiNegeleworeda representatives from Implementation, listing In addition, the public compensation will be paid for the on May 15, 2018 Consultant (1) and contractor main concerns, expected would like to optimize the affected properties as per the (1) participated in the meeting. roles of the stakeholders project related benefits compensation law of the country and all Lack of involvement by (job priority) availability property valuation and payment woreda female, and of logistics and finance for procedures have been elaborated. children affairs office, active involvement of the It is also informed the compensation Strengthening the woreda for the RoW and will be paid timely. grievances redress RAP implementation The Project gives priority of job mechanism and related activities opportunity for the local community. committee members, Regarding the logistics and financial Logistics and support limitation issues the consultant from the contractor responded budget will be allocated for (CCCC) the activities on the RAP document and ERA will cover the indicated budget for the activities. Moreover; the contractor is willing and facilitating logistical support for the timely accomplishment of RoW and RAP activities and will continue to do so. consultation with Consultation with 23 -Compensation for lost Participants accepted to Regarding the rate of compensation, PAPs on May 16, household heads in ArsiNegele farm land and houses; give their land and remove woreda officials explained that the rate 2018, woreda Ali Weyo kebele that Valuation of property; their property for the is fixed based on the proclamation are within the RoW limit of the Cut of date; project provided that fair 455/2005, which explains how to project road (out of which 17 Compensation payment compensation is paid. calculate the rate and the formula will were men heads and 6 were transfer Participants request about be based on replacement cost principle.
Rekik Development Consultants Plc [email protected] Page 87
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
women heads). The the amount of Regarding plowing their farm, the consultation was conducted in compensation; and the woreda officials explained that the road the presence of two time when they get the construction will start soon and the representatives from the compensation payment compensation will be paid without ArsiNegele woreda EFCCO, They also asked whether delay. Farming activities will not be two representatives from they are allowed or not to allowed after the agreed cut-off date contractor and two members of plow their farm until the (after the commencement of property the consultant team. Total project start. inventory, which is March 20/2018), participants of the meeting They also want to know Regarding additional support for the were 29. what type of additional PAPs, the consultant team explained a support to be provided for RAP is being prepared and the the project affected people document will include the support for to improve their relocation and vulnerable groups livelihood. assistance that will be implemented by ERA Regarding the compensation payment the consultant team explained that the compensation payment will be effected through bank transfer to the PAPs account (joint account for married). August 31/218 Consultation at Deka Relocation of mass During consultation the The representatives of ERA agreed to DaluHarnegemaKebelle grave site wider and PAPs requested find alternative solution following the for replacement land for consultation. the affected mass grave site. The request is in addition to the cost for relocation, cultural and religious ceremonies of the corps consultation with Two Consultations with Compensation for lost Participants request about Regarding the rate of compensation, PAPs May 22, 2019 Shashemene woreda, JalloDida farm land and houses; the amount of woreda officials explained that the rate
Rekik Development Consultants Plc [email protected] Page 88
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Kebele and Jiressa kebele were Valuation of property; compensation; and the is fixed based on the proclamation made on the same date. 50 Cut of date; time when they get the 455/2005, which explains how to household heads in which their Compensation payment compensation payment calculate the rate and the same formula land/property affected by the transfer, GRM The property valuation being applied for the whole woreda. project road (out of which 28 and grievances incase of Regarding the compensation payment were men heads and 22 were complain on valuation is the consultant team explained that the women heads) were the asked to be clarified compensation payment will be effected participants from Jallo Dida through bank transfer to the PAPs kebele. The participants of account (joint account for married). Jiressa kebele were also 50 The grievance application to the GRC is HHs (20 Females and 30 clarified and indicated the PAPs can get Male). Both consultations were the grievance application form from the conducted in the presence of kebele office at any time one representative from the Shashemene woreda EFCCO, two representatives from contractor and two members of the consultant team. PAPs and Two Consultations with Compensation payment, Participants asked about The Zone EFCCO expert explained the Vulnerable Groups Shashemene woreda, Fuji relocation and the relocation assistance relocation assistance and VGs support is consultation on Goba Kebele and Allelu Elu vulnerable groups and the VGs support to be under preparation and will be paid as February 26, 2019 kebeles were made on the assistance, GRM, provided and the time soon as it is submitted to ERA and get same date. The participants of Livelihood restoration when they can get the approval, the other issue explained by the Allelu Elu kebele were 74 payments, the consultant is the LRP will be (Female 12 and Male 62) while prepared in consultation with PAPs as that of Fuji Goba kebele were soon as the RAP for the project is 20 Male. cleared and implemented by ERA Both consultations were made within 6 months period. with the presence of one . representative each from Zone EFCCO, Contractor and
Rekik Development Consultants Plc [email protected] Page 89
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
consultant.
Rekik Development Consultants Plc [email protected] Page 90
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
9 Socio- Economic Surveyof PAPs 9.1 Number of PAPs A total of 853 household heads will be affected by the construction works of the project road. The majority of them, 711 (83.3%) are male headed households, 15.4% are women headed and 1.3% institutions. The total family members of the project affected households are 7,281 out of which, 5,875 (80%) are male and the remaining 1,406 (20%) are female. Appendix 1 provides the names of the household and institutions identified during the field survey.
Table 9-1: Distribution of Project Affected Household Heads by Wereda ArsiNegele Shashemene Total Sex No percent No percent No percent Male 213 85% 506 80% 719 81.33% Female 35 14% 119 19% 154 17.42% Institution 3 1% 8 1% 11 1.24% Total 251 100% 633 100% 884 100% Source: Consultant's field survey
Table 9-2: Project Affected People and Institutions ArsiNegele Shashemene Affected HHs Grand Total Female Male Institution Total Female Male Institution Total Fully 4 24 - 28 55 247 5 307 335 Partially 31 189 3 223 64 259 3 326 549 Total 35 213 3 251 119 506 8 633 884
Partially Affected People include those losing strip of farmland, but able to continue living with the remaining landholding after being compensated for loss of crops, trees, foregone benefit, etc.
9.2 Religious Background of PAPs The majority of the PAPs are Muslim HHs (83.71%) while (8.71%) of the affected population are Protestants and 6.33% of the PAPs Orthodox Christians. The spatial distribution of the HHs following the three faiths varies among the weredas. HHs that follow the Islamic faith make the highest proportion in two weredas, namely ArsiNegele (78.09%) and Shashemene (85.94%).
Table 9-3: Religion of Affected Household heads by Wereda ArsiNegele Shashemene Religion Grand Total Female Male Total Female Male Total Muslim 28 168 196 102 442 544 740 Orthodox 3 12 15 15 26 41 56 Protestant 4 33 37 2 38 40 77 Institutions 3 8 11 Grand Total 35 213 251 119 506 633 884 Source: Consultant's field survey
9.3 Ethnicity of PAPs The majority of the affected HHs (94.39%) belongs to the Oromo ethnic group followed by Kembata (2.52%) and Amhara (1.37%). The other ethnic groups constitute only 0.69% of the HHs affected by the project.
Rekik Development Consultants Plc [email protected] Page 91
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 9-4: Ethnicity of HH Heads Shashemene ArsiNegelle Ethnicity Grand Total Female Male Total Female Male Total Oromo 112 491 144 32 189 680 824 Amhara 2 5 3 1 4 9 12 Hadiya 1 1 1 Kembata 2 1 3 1 18 19 22 Tigre 1 1 1 Wolayita 1 3 1 3 4 Others 2 5 3 1 1 6 9 Grand Total 119 506 154 35 213 719 873 Source: Consultant's field survey
9.4 Occupation The majority of the affected HHs (98.97%) is reported to be farmers. This is a trend to be expected in all weredas since the whole project road is aligned in rural areas. The occupation of the remaining project affected HHs (1.03%) belongs to government employees,students, andhousewives.
Table 9-5: Occupation of Household Heads by Wereda ArsiNegele Shashemene Occupation Grand Total Female Male Total Female Male Total Farmer 34 211 245 119 500 619 864 Gov. Employee 1 1 2 2 2 4 Others 1 1 1 1 2 Student 3 3 3 Grand Total 35 213 248 119 506 625 873 Source: Consultant's field survey 9.5 Income and Livelihood The household economy of the PAPs is mainly based on subsistent peasant agriculture. The main income is from crop production supplemented by livestock rearing. About 86 percent of the households covered under the survey report indicate that they cultivate soya bean (locally referred as Boloke) entirely for sale and from which they draw cash for other subsistence purposes. Maize is reported to be the second most important crop (14 % fully grow it with 30 to 50 % for sale) to sustain the livelihood of the household. On average, households under consideration reported to have 1.4 shoats (sheep or goat); 2.4 cattle; 2 chicken and 1 pack animal.
The annual income varies from year to year mainly subject to rainfall pattern. The area has been experienced frequent drought due to erratic rainfall pattern. For instance, currently ArsiNegeleworedais under the national Productive Safety Net Program (PSNP), where households (including PAPs) with chronic poverty are entitled for direct cash and cash-for-work support.
9.6 Marital Status The majority of the affected HHs (81%) reported to be married. Widowed due to death of their husbands are (15%). The proportion of widows is significantly high across the weredas placing women heads of households in a more vulnerable situation. Singles constitute 2.6% among the affected HHHs.
Rekik Development Consultants Plc [email protected] Page 92
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 9-6: Marital Status of HHs
Marital status ArsiNegele Shashemene Total percent Married 206 487 693 81% Divorced 4 6 10 1% Widowed 34 94 128 15% Single 8 14 22 3% Total 252 601 853 100% Source: Consultant's field survey
9.7 Education The majority (or 53.7%) of the affected Household heads (HHHs) are non-literate and followed by 44% of HHs who can only read and write and 1.2% have either attended or completed primary schools,. HHs with college background constitutes only 0.9%. In general, the educated population is the majority when compared to the illiterate among the PAPs in the project road corridor.
Table 9-7: Literacy of PAPs
ArsiNegele Shashemene Education Grand Total Female Male Total Female Male Total Illiterate 28 75 103 103 217 320 423 Literate 7 138 145 16 289 305 450 Grand Total 35 213 248 119 506 625 873 Source: Consultant's field survey
Rekik Development Consultants Plc [email protected] Page 93
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
10 Methodology in Valuing Losses In this RAP, the methodology for valuing assets will be based on at full Replacement Cost. Compensation will be sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Replacement costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on-site management practices and thereby prevent damage.
The replacement cost approach involves;
direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs.
AfDB and World Bank’s OP 4.12 defines replacement cost, “method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transition costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.”
The replacement cost to land and structures is defined as shown in the following table for the different land use type, such as, agriculture, urban and rural land.
10.1 Replacement Costs for Land, Houses and Public Infrastructures Table 10-1: Replacement Cost by Type of Impact
No. Agricultural Land For Public Infrastructure For Houses
It is the pre-project or pre- It is the market cost of the displacement, whichever is materials to build a replacement It is the pre-project or pre- higher with similar or improved structure (house) with an area I. displacement, whichever is public infrastructure facilities and quality similar to or better higher and services and located in the than the affected house, or to vicinity of the affected area repair a partially affected house
Replacement Value of land of equal productive potential,size, The cost of any labour and The cost of transporting building II. or use located in the transfer taxes materials to the construction site samedistance andvicinity of the affected land The cost of land preparation to The cost of transporting building The cost of any labour and III. levels similar to those of the materials to the construction site contractors' fees affected land The cost of any registration and The cost of any labour and The cost of any registration and IV. transfer taxes contractors' fees transfer taxes
10.2 Basis for Valuation The basis for the valuation of affected assets and properties is Gross Current Replacement Cost (GCRC). ERA’s RPF defines Gross Current Replacement Cost as ‘the estimated cost of erecting a building as new having the same gross external area as that existing with the site works and services on a similar piece of land’. The valuation process will also consider the use of “compensation value” for affected properties.
Rekik Development Consultants Plc [email protected] Page 94
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
The valuation of affected assets and properties will be carried out by experienced and skilled valuators. According to Proclamation 455/2005, “The valuation of property situated on land to be expropriated shall be carried out by certified private or public institutions or individual consultants on the basis of valuation formula adopted at the national level.”
In order to provide PAPs with adequate compensation for assets andproperties they will be losing, proper valuation will be undertaken by the valuation committee andreviewed by the resettlement/compensation committee. Per Proclamation 455/2005, the valuation committee, in close consultation with PAPs and in collaboration with Weredaadministration will prepare the unit rates for the affected assets to be determined on the basis ofreplacement value.
10.2.1 Valuation for Loss of Houses Compensation procedures for loss of houses are established in consultation with the Resettlement Implementation committees established at Wereda level. The ROW Team executes the expropriation/compensation procedures in concert with the ERA’s Regional Directorate.
In determining replacement cost for loss of houses, the following points are taken into consideration:
. Current construction cost and no allowance for deprecation is considered; . Depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset ; . The unit rate (or bill of quantity) is estimated on the basis of the type of the affected houses. The cost of each house to be replaced is estimated on the basis of specification and bill of quantities prepared by the wereda and kebele administration; irrespective of the location of the area, the unit costs for the similar types of houses are taken to be identical.
Those PAPs losing portion of their house will receive full compensation payment since the remaining portion of the house will not be habitable anymore and hence, PAPs need to construct new houses, in addition, these PAPs will have the choice of retaining the remaining portion of the plot as long as it is located outside of the ROW.
PAPs losing their whole house, with no enough plot to construct new houses will be relocated to new places that are not far away from their current location or villages and will also receive full compensation payment.
All PAPs do not want to move to new locations but want to move or shift to the back side of their farmland. At the time of preparing this RAP, the exact number of PAPs that fall within these categories are been worked out and the resettlement site within their present location is been finalized.
10.2.2 Valuation for Permanent Loss of Agricultural Land The principle for permanent loss of agricultural land /crop loss/ is that it should be compensated with land-for-land compensation in those areas where land is available for replacement. In the extent at which the agricultural land lost cannot be replaced, the principles for monetary compensation will apply.
Cash compensation will be paid for permanent loss of crops and trees; and for temporarily lost agricultural land which is acquired for the construction period only. The compensation rates for loss of trees and crops from lost agricultural land are established by the wereda agriculture offices. This includes production and yield estimate and market price data collected for five years as per the
Rekik Development Consultants Plc [email protected] Page 95
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report regulation. To compensate the forgone benefit and income from agricultural land, cash compensation is the only option.
FDRE Proclamation 455/2005, Article 8 (displacement Compensation) No. 1 states that; “A rural landholder whose landholding has been permanently expropriated shall, in addition to the compensation payable under article 7 of this proclamation, be paid displacement compensation which shall be equivalent to ten times the average annual income he [she] secured during the five years preceding the expropriation of the land”
The principle of compensation also follows that of income restoration of PAPs. Accordingly,the five year average crop budget and gross income is calculated and the proportion of income equivalent to land loss is determined. In the case of fruit trees, the calculation will take into account a major interruption of the income series after a tree has reached its economic limit of life and a new tree planted instead will have reached its fruit bearing age.
10.2.3 Valuation Formula for Perennial Crops Table 10-2: Perennial Crops
Crops Ripe perennial crops Unripe perennial crops
The total area of the land in m2 Annual yield in kg No. of plants (legs)
Cost incurred to grow an individual Value of the crops per kg Current price of the produce plat The amount of crops to be obtained Cost of permanent improvement Cost of permanent improvement on per m2 on land land Cost of permanent improvement on land
A PAP whose agricultural land is expropriated for the project road will be compensated as per proclamation No. 455/2005, which provides displacement compensation for rural landholders whose lands expropriated permanently that amounts ten times the average annual income secured during the five years preceding the expropriation.
10.2.4 Valuation for Public Utility Lines Public utilities that will be affected due to the construction of the road project include telephone and electricity poles. ERA will be responsible to notify the appropriate authorities of the relevant dates, and request completion of relocation works before the commencement of the construction works. The relocation of the affected public properties is normally carried out by the service providers upon payment of relocation cost and needs to be completed prior to commencement of the works.
Rekik Development Consultants Plc [email protected] Page 96
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
11 Compensation Procedures andApproach
The strategy adopted for compensation of the affected properties / assets follows the FDRE laws and regulations, and that of China EXIM Bank / AfDB / WB policy and procedures. The compensation procedures and approach in this RAP will adopt the following three steps.
11.1 Establishment of Property Valuation Committees
Property valuation committees will be established both in rural and urban areas that are traversed by the project road. The composition and number of the committee members will be as per FDRE law. The property valuation committee for rural and urban areas will be different. The property valuation committees will provide PAPs with adequate valuation of affected properties and assets and estimates the compensation for the assets they will be losing; proper valuation will be undertaken by the valuation committee andreviewed by the compensation committee.
11.2 Assessment of Properties andAssets
All properties and assets affected by the project road will be assessed at a full replacement cost, which is based on the current value of replacement.
11.3 Establishing Unit Rates
The unit rates will be established for each of the affected properties and assets that are expropriated due to the construction works of the road on the basis of the current replacement value. In preparing unit rate, the valuation average costs will have to be assumed. It should be noted that costs of construction vary from one locality to the other.
The compensation procedure and approach will be determined on the willingness and readiness of owners of a resource to give up their rights. Compensation payment to PAPs will be effected after the property valuation committee makes the final estimate of compensation payable for the affected properties at a full replacement cost,reviewed by the Resettlement committeeand the estimated replacement cost disclosed to the property owner and accepted by the property owner and finally approved by ERA’s Expressway Directorate.
Payment to affected properties and assets will be effected before the commencement of the road construction works. The payment procedures and mechanisms to be adopted will be simple and easily understandable to PAPs also.
Compensation payment will address the following four questions:
what to compensate for (e.g. land, structures, businesses, fixed improvements or temporary impacts, lost income); how to compensate; when to compensate; and amount to be compensated.
Compensation for land structures, business, fixed improvements on farmland and other impacts are based, among other things, on replacement value.
Rekik Development Consultants Plc [email protected] Page 97
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Compensation for impacts will be calculated on the basis of the criterion/principles:
Compensation equivalent to lost income required for the duration of impact, Compensation equivalent to lost income required for loss of access, and Physical restoration of assets (or access).
Frequent and meaningful consultations will be conducted with the PAPs and other stakeholders before conducing valuation and taking the land of the PAPs. The PAPs will sign off on their asset valued and cost of estimation to ensure accuracy and get their consent. All the necessary consultations and asset valuations will be documented at appropriate locations.
Rekik Development Consultants Plc [email protected] Page 98
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
12 Grievance Redress Mechanism
A grievance redress mechanism (GRM) is expected to outline procedures to respond to project-related grievances in an efficient and effective manner. As per OP 4.12 of the WB, GRM should be accessible and appropriate to bring about remedial measures for complaints. Appropriateness and accessibility basically signifies the need to have a workable GRM arrangement tailored to local context. Without these main ingredients of GRM, complaint procedures will have expected outcome in redressing grievances. In case of complaints that arise by PAPs on project related activities, the preferred way of settlement is through amicable means so as to save time and resources as opposed to taking the matter to formal courts.
To ensure that the PAPs have avenues for redressing grievances related to any aspect of compensation, construction management negligence, and any other relevant project related matter procedures for the redress of grievances should be established for the project. The objective is to respond to the complaints of the PAP efficiently; i.e., the mechanism to be easily accessible, transparent and fair and avoid the need to resort to complicated formal channels to redress grievances. Accessible and appropriate GRM not only help to have more effective and efficient procedure but it also has strong bearing the project implementation progress, as PAPs grievances tends to thwart timely performances of project.
In case of the road project under consideration, GRC already formed in ArsiNegele andShashemeneZuriyaWeredas to deal with project related grievances by PAPs. In case of complaints that arise by PAPs on project related activities, the preferred way of settlement is through amicable means so as to save time and resources as opposed to taking the matter to formal courts.
Table12-1: ArsiNegele Woreda GRC Members and Composition No Organization Responsibility Name 1 Woreda Administration Chairperson (Focal Mr.EdosaGenem Person) 2 Land Administration Secretary Mr.AdamAley 3 Finance Member Mr.TadaleAgibo 4 Labour and Social Affairs Member Mr.Kemal Mohammed Office 5 Women and Children Affairs Focal Person for Gender Ms.HawaTuse Office and GBV 6 Environmental Protection Member Ms.ZinayeGirma Office 7 Religious Leader Member Mr..AbdulkemalKider 8 Elders Member Mr.GisheDinsa 9 PAP’s Representatives Member Mr.AbrihamBulo Ms.Gete Burka 10 Kebeles Representatives 10.1 Daka Hera Kelo Kebele Mr.JebichiRebi 10.2 Gale Kelo Kebele Focal person for each Mr.YeyisoEbo 10.3 GubetaArjo Kebele Kebele Mr.WondiAbrham 10.4 HodaBeso Kebele Mr.Kewate 10.5 DakaHargame Kebele Mr.GelechiDibo
Rekik Development Consultants Plc [email protected] Page 99
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table12-2: Shashemene Woreda GRC Members and Composition
No Name Represented from Responsibility 1. GemedeAbora Mayor Office Chairperson 2. NegayoAmelo Administration Office Secretary and focal person Environment, Forest and Climate Change 3. DagneMegerssa Member Office 4. TussaTuffa Wereda Land Administration Office Member 5. MesseretAyele Health Office Member 6. MominaAbdela Women and Children Affair office GBV/SEA Focal person 7. To be elected Representatives of PAPs (male) Member 8. To be elected Representatives of PAPs (female) Member Procedure
- Complainants can log/file their complaint(s) in written form, verbally, through telephone call, text message or any means of channels convenient to them. - Complain to be registered in a standard format prepared for the same purpose. - The filed complaint(s) need to be itemized, clear and concise with remedial suggestions - Present the form for the relevant designated officer (first contact point, in this case secretary of the Grievance Redress Committee-GRC) - Address of the PAP or PAPs (Telephone, kebele, etc.) Special Procedures to Address Issues Related to GBV
For the GRM to effectively address the issues/incidents related to sexual exploitation and other forms of gender-based violence, the project in general and the Woreda level GRC must set proactive mechanism functional throughout the project cycle. In this regard, the Woreda Women and Children Affairs Office head will be the focal person on issues related with sexual exploitation and other forms of gender-based violence. The following are the working procedures of the Woreda Women and Children Affairs Office to handle GBV in the project area.
The respective Woreda Women and Children Affairs Office should get the capacity building/Training on key principles of GBV/SEA case management including confidentiality, non-judgmental, best interest of the survivor, services and referrals, Establish a proper channel to receive reports or project-related risks of sexual harassment and GBV i.e. the risk factors that exacerbate or expose people to GBV; Conduct awareness raising campaign regarding the risks of GBV to both men and women in the project area; and key principles of GBV/SEA case management including confidentiality, non- judgmental, best interest of the survivor, services and referrals, The respective Woreda Women and Children Office representative in the Woreda GRC will be the focal point who can confidentially receive complaints or reports from the survivors through various forms of uptake channels including telephone call (hot line if any), text message, email, face-to-face, and others. The Woreda Women and Children Affairs will immediately (maximum 24 hours) communicate the complain to ERA. ERA will report the case to the World Bank
Rekik Development Consultants Plc [email protected] Page 100
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
The Woreda Women and Children Office will not investigate the GBV/SEA case. Rather, maintaining the key principles of GBV/SEA case management including confidentiality, non- judgmental, best interest of the survivor will report the case to ERA, facilitate survivors to services and referrals, The GBV/SEA case will be investigated, and further information will be collected by GBV/SEA specialists based on the scope of risk involved, Record all the reported incidents based on the level of risks and follow-up or track the response process of the referred agency or court until the achievement of satisfactory resolution.
Obligation of the GRC
Check the complaint is project-induced Registering all complaints and organize them properly (the responsibility of GRC Secretary ) Forwarding the case to the committee If it is not settled by the GRC, inform/forward the same to project owner /client Feedback from the project owner to be communicated Feedback /or GRC committees’ decision should be communicated to the PAP(s) at a maximum of 30 working days. Amicable dispute settlement continues to be explored • In case amicable arbitration not working, PAP (PAPs) can use their own right in formal court procedures
As it has been repeatedly mentioned, the GRM should be based on the core principles of: fairness, objectiveness, simplicity (localized and contextual), accessibility to PAPs, responsiveness and efficient. In addition, GRM should not only deals with compensation issues, rather it also takes into account all other project –induced complaints partly listed above.
Capacity building and awareness creation interventions for local level GRC and Compensation Committee are essential. The project owner/client is expected to facilitate such trainings for better performance of the project at large.
The followingsteps will be followed in order to achieve consensus for any grievance related to any aspect of the project.
Stage One
• PAPs can complain orally or in writing to the Woreda Property Valuation Committee (WPVC). If it is an oral complaint, the WPVC must record the complaint in writing and must respond to the complaint within one week. If the complaint is very difficult to deal with by the WPVC for approval, respondent of the WPVC to the complaint must be provided within one week.
Stage Two
• If the respondent to the complaint at Stage one cannot satisfy the PAPs, PAPs can appeal to Woreda Level Grievance Redress Committee (GRC) within another one week after the receipt of the respondent to the complaint, and GRC at woreda level must respond to the appeal within two weeks.
Rekik Development Consultants Plc [email protected] Page 101
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Stage Three
• If PAPs are still not satisfied with the respondent at the Stage Two, PAPs can appeal to the court after receipt of the response for final decision.
Rekik Development Consultants Plc [email protected] Page 102
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 12-1: PAPs Grievance Resolution Channel- Compensation related Grievance
Rekik Development Consultants Plc [email protected] Page 103
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Figure 12-2: PAPs Grievance Resolution Channel- Non Compensation related Grievance
Rekik Development Consultants Plc [email protected] Page 104
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
13 Disclosure OF RAP and Scheduling 13.1 Disclosure of RAP
Public disclosure of the RAP has to be made to PAPs and other stakeholders for review and comments on entitlement measures and other issues in the implementation of the RAP. The purpose of the disclosure is to receive comments and suggestions from PAPs and incorporate appropriate suggestions.
This RAP already cleared and approved by the government of Ethiopia (GoE) and the WB in 2015 and the update will be disclosed in a form, manner and language comprehensible to PAPs and at a place accessible to the displaced population and other stakeholders for review and comments on entitlement measures.
ERA will disclose and post this updated RAP in its websites and receive comments. Comments and critiques made on the RAP by PAPs and other stakeholders will be taken by ERA for consideration.
ERA will also conduct a half day workshop in the project area for the PAPs, stakeholders, representatives of civil societies, local leaders with the objective of disclosing the RAP.
The Public disclosure of this RAP’s executive summary will be made in Amharic and Oromifa languages. This could be done by publishing it in official Newspapers of both at the Federal Government Newspapers and also in the Regional Government Newspapers; depositing / posting it in a range of publicly accessible places; such as, woreda offices, municipalities and kebele administration office. Once it is disclosed, the public have to be notified through administrative, community and clan structures about the availability of the RAP documents and be requested to make their suggestions and comments.
This RAP also will be cleared or approved by the GoE and the WB; and disclosed in ERA’s official website as well as the WB External website to receive the opinion and suggestions civil societies, academics, other professionals as well. Any changes to this document will follow the same clearance and disclosure protocols.
13.2 [A4]Scheduling
The implementation schedule discusses the major activities to be carried out in the implementation of the RAP and identifies organizations responsible to for its implementation. A schedule for implementation of resettlement and compensation activities is included in Table 13.1. The schedule is related to the implementation schedule for the Project. All compensation and resettlement for each component of the Project must be completed satisfactorily, income restoration measures in place and the construction area free of all impediment before commencement of civil works for that component.
The main objective in implementing this schedule is to ensure that compensation for land acquisition and lost assets is disbursed in time to enable affected households to construct dwellings and to restore livelihoods, and for affected public services to be fully reinstated prior to the commencement of the construction work of the road Project.
13.3 Compensation Delivery Mechanisms
The implementation of resettlement and compensation activities should follow series of activities. The following are activities of compensation delivery mechanisms before commencement of construction to ensure the participation and consultation of PAPs, namely:
The establishment of the property valuation committees; Rekik Development Consultants Plc [email protected] Page 105
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
The establishment of Grievance committees Confirmation of project effects based on detail engineering survey, design and construction plan Carry out final survey and prepare revise inventory of PAPs. Declaration of cut- of- date for inventory PAPs. Carry out further community consultation on revised inventory of PAPs Dissemination of relocation information and details of land acquisition activities Negotiation between PAPs and the Compensation and Relocation representatives regarding acquisition and the type and measurement of structures and land parcels; Holding village meetings to decide upon the location of new house sites, and agree accommodation access arrangements throughout project area. Notify PAPs of the project, effects and compensation and other entitlement and grievance measures. Compensation arrangements and income restoration measures Compensation rates are worked our based on the current replacement values Compensation rates will be sent to PAPs If there is an appeal then negotiation shall be carried out. Finally, the compensation amount will be sent to the PAPs through Bank account of the PAPs individually. The timing of these activities is designed to allow the executing agency time to respond to practical and useful suggestions made by PAPs and to respond to, and resolve, grievances.
Rekik Development Consultants Plc [email protected] Page 106
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 13-1: RAP Schedule
No Activities Start Duration Completed Remark Kick-off consultations is to introduce the 1 Kick-off consultations with stakeholders 2 days project and announce a way -forward ( activities to follow) The two committees are already formed Property Valuation Committee (PVC)and at woreda level to serve for the entire 2 7days Grievance Redressing Committee(GRC) road section both at ArsiNegele and Shashemene Establish Property Valuation Committee 2.1 (PVC)and Grievance Redressing 7 days Committee(GRC) Training for Property Valuation Committee 2.2 (PVC)and Grievance Redressing 2 days Committee(GRC) Announcing the beginning of property 3 Cut-off date announcement 15/3/2018 inventory in the ArsiNegele and
ShashemeneZuriya woreda Property and Socio Economic Data Collection 4 21/03/2018 30 20/04/2018 and valuation of properties Consultation with PAP's and Stakeholders about 4.1 11/11/2019 1 11/11/2019 the procedures Receive Compensation rate and options through 4.2 12/11/2019 3 15/11/2019 the committee meeting 5 RAP Report Preparation and Clearances 10/1/2020 51 06/03/2020 5.1 RAP Report Preparation 10/1/2020 36 26/2/2020 5.2 RAP Report Clearances 27/2/2020 14 12/3/2020 5.3 Land Acquisition Requests made by CCCC 13/3/2020 1 13/3/2020 6 ResettlementImplementation Plan 24/3/2020 10 3/4/2020 6.1 Pay compensation fees to PAPs by ERA 24/03/2020 10 3/4/2020 Relocation of Properties and Rehabilitation 7 6/4/2020 90 6/7/2020 Measures
Rekik Development Consultants Plc [email protected] Page 107
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Venerable Groups Support as per the assessment 7.1 6/4/2020 90 6/7/2020 data 8 Livelihood Restoration 8.1 Need Assessments LRP need assessment and plan 8.2 LH Restoration Plan Preparation preparation will commence end of March,2020 and will be completed within three months period while the 8.3 Implementation of LHR implementation will start on September,2020.
Rekik Development Consultants Plc [email protected] Page 108
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
14 Costs and Budget 14.1 RAP Budget
An itemized budget is required for the implementation of this RAP including compensation payment for PAPs. An indicative cost and budget is prepared for compensation payment of affected properties and also budget for the implementation of the RAP including an estimated 10% contingency. The RAP budget specifies the mechanisms for transferring and channeling funds to responsible organizations and agencies, for disbursement to PAPs. Hence, the total estimated cost and budget will be a total of Birr 666,907,349.05.
ERA will be responsible to allocate, disburse, administer and oversee the overall budget. At Wereda level, the Wereda resettlement/implementation committee in collaboration with ERA’s Regional Directorate ROW Team will be responsible for compensation payment and relocation activities. The details of the budget preparation and justifications are summarizedunder Table 14-2 below for each category; namely, compensation payment for affected properties and assets, rehabilitation support for PAPs, and project running & management cost.
14.1.1 Compensation Payment
a) Compensation cost for Houses: Compensation estimates for the different types of houses such as, CIS roof house is estimated on the basis of bill of quantities obtained from the Weredas and experiences from other similar projects. The compensation estimate for houses is prepared at a replacement value and no depreciation is considered. The total estimated cost for both houses is Birr 12,377,775.04. b) Compensation for crop: The size of farmland to be lost, production per meter square and three years average price proceeding this year is used toestimatecompensation for lost crop. The total estimated cost for crops and grass land will be Birr 541,110,688.19. c) Compensation for Fence: The estimated cost for fence is Birr 7,182,065.00. d) Compensation for Trees: The cost estimate fortress is Birr 22,986,380.00. e) Cost for graveyard: An estimated 604 graveyards are expected to be affected. The cost estimate for each graveyard is estimated to be Birr 6,250 and the total estimated cost for removal and reburial of grave yards is Birr 3,775,000.00.
14.1.2 Rehabilitation Support
a) Support for vulnerable Households: The support for vulnerable households is estimated at a cost of Birr 10,000 each and the total estimate is Birr 2,730,000. b) Livelihood restoration: livelihood and income restoration measure is estimated for 110 HH losing their houses and income. An indicative budget USD 3,000,00 is allocated for the whole stretch of Modjo – Hawassa Highway Project. c) Relocation & Rehabilitation Assistance: An estimated Birr 1,110,000 is allocated for relocation and rehabilitation. d) Legal & Administrative costs: This includes legal fees, administrative costs, tax, land registration and related costs. A lump sum of Birr 1,500,000 is estimated.
14.1.3 Project Management and Running costs
a) Environmental & Social Management Costs & mitigation measures: A lump sum of Birr 4,600,000 is allocated for environmental rehabilitation, and social issues such as, HIV/AIDS
Rekik Development Consultants Plc [email protected] Page 109
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
support activities. The above cost estimate includes cost for awareness creation, equipment, material and staffing (1 Public Health Officer, 1 Nurse, and 1 Sociologists/Social workers and animators) to be employed during construction works. b) Budget for property valuation committee: This includes costs such as, Birr 500 daily allowances for 16 persons for two months (120 days) for each wereda, vehicle fuel for20 litres daily and Birr 1,000 daily vehicle cost.
Table 14-1: Budget for Valuation Committee
Description Number No. of days Unit cost in Birr Total cost
Perdiem 16(persons) 120 500.00 960,000.00 Vehicle rent 6 120 2,000.00 1,440,000.00 TOTAL 2,400,000.00
A total of 2,400,000 Birr is budgeted for the property valuation committee to carry out the valuation of assets and properties.
Budget for Resettlement/implementation committee: It includes budget for 5 person daily allowance for 12 months for perdiem for each wereda; material cost, fuel and vehicle costs, Secretarial services, and Office equipment and communication costs. A total of Birr 2,292,500allocated for the project duration.
14.1.4 Monitoring & Evaluation Cost
There will be regular monitoring of the RAP implementation and periodic evaluation and for this a lump sum of Birr 3,375,000 is allocated for the three years.
The following table summarizes the total amount of the fund (or compensation estimate) that is required for the implementation of this RAP by its cost item. The budget is divided into main categories. The first category deals with compensation payment, the second section with rehabilitation support and the third category is for project management / administrative costs.
Rekik Development Consultants Plc [email protected] Page 110
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Table 14-2: Detail Budget for Implementation of RAP
Item Description Budget A. Compensation costs Compensation cost for houses 12,377,775.04 Compensation cost for fences 7,182,065.00 Compensation cost for crops 541,110,688.19 Compensation cost for trees 22,986,380.00 Compensation cost for utilities 50,000.00 Sub-Total 583,706,908.23 B. Rehabilitation measures Vulnerable House hold assistance 2,730,000.00 Livelihood and income An indicative budget USD 3,000,000.00 is allocated for the whole Restoration and VG assistance stretch of Modjo –Hawassa Highway Project Removal of grave yards and reburial process 3,775,000.00 Relocation and Shifting Assistance 1,110,000.00 Legal and administrative costs 1,500,000.00 Sub-Total 9,905,000.00 C. Project Management and other costs HIV/AIDS support activities 4,600,000.00 Cost of property valuation committee 2,400,000.00 Monitoring and Evaluation Cost 3,375,000.00 Sub-Total 12,667,500.00 Total (A+B+C) 606,279,408.23 Contingency (10%) 60,627,940.82 Grand Total 666,907,349.05
The above cost and budget estimate is prepared on the basis of the requirement as compensation payment for PAPs and also the budget required for implementing this RAP.
Rekik Development Consultants Plc [email protected] Page 111
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
15 Monitoring, Evaluation and Reporting 15.1 General
Monitoring and evaluation should be an integral part of this RAP and will be a device for overseeing the implementation of RAP and the extent to which it complies with the recommendations set out in the RAP. Lessons learnt from the monitoring and evaluation results will be used to enhance the preparation and implementation of future resettlement action plans.
The monitoring and evaluation process should be as much as possible participatory whereby all the stakeholders namely PAPs, Wereda, Municipality and Kebele administrations are involved.
15.2 Internal Monitoring
The overall objective of internal monitoring is to ensure that implementation complies with the approved RAP.
The specific objectives are to:
Check the achievement of the acquisition and resettlement process against the planned time schedule and budget; Ensure that the channels of communication and consolation between the administrators and affected persons have been established and are operational; Ensure that compensation payments for affected persons are paid in full and in a timely manner; verify that the processing of grievances has taken place within the given time limits; closely watch the adherence to lawful approved allocation of acquisition and resettlement funds so as to ensure the absence of corruption
Internal monitoring will be the overall responsibility of the ERA. Monitoring and evaluation will be a continuous process. The day-to-day field supervision will be conducted by the ERA’s Social and Environmental Unit /Teamand reported in the monthly and quarterly progress reports, which are subject to review by ERA. ERA will continuously take stock of all expropriation and compensation reports and discuss them on regular basis. ERA will produce quarterly progress reports.
Municipality and Kebele level reports will be prepared on a monthly basis to be submitted to the wereda administration, so that prompt action can be taken if necessary by higher-level officials without adversely affecting the RAP execution.
15.3 External Monitoring The key indicators for external monitoring will focus on outputs and impacts. External Monitoring will be conducted by an independent consultant already hired to supervise the RAP and the Environmental Mitigation Plan. The consultant will conduct an evaluation of the implementation of the RAP prior to the startup of the road construction and will continue to monitor the progress of the RAP and the Environmental and Social Mitigation Plan during construction of the road as well as monitor the impact of the RAP using the key output indicators.
The monitoring process is an integral part of the RAP and it will oversee the re-establishment process of the PAPs. It will be a compliance monitoring and will assist to follow the type of measures incorporated in RAP documents and the extent to which recommendations on these matters, as set out in the RAP are
Rekik Development Consultants Plc [email protected] Page 112
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report complied with. It is the objective of ERA to use lessons from the monitoring and evaluation results to enhance the preparation and implementation of future resettlement action plans.
15.4 Monitoring Plan The monitoring and evaluation process if possible should be Participatory Monitoring and Evaluation including all the stakeholders (PAP, Zonal, Wereda and Kebele administrations, NGOs, other Government organizations and host communities).
ERA will be responsible to monitor and evaluate the compensation and RAP in consultation with the independent consultant and if necessary with Wereda/Municipality/kebele administration offices and the PAP by adopting the following process and output indicators:
15.4.1 Pre-construction Phase Compensation to be made according to agreement Appropriateness of the time schedule for RAP Public infrastructures and social services needs to be re-established Support and assistance to vulnerable groups and women
15.4.2 Construction Phase Compensation to be made for additional land requirement Restoration and restitution of PAP in the new site Contractor operates within the boundary of handed over area Appropriateness of grievance redress mechanism Post Construction Phase Land taken temporarily is well restored and returned to PAPs Evaluate PAPs’ socio-economic situation vs. a baseline situation
15.4.3 Post Construction Phase Ensure that land taken temporarily is well restored and returned to PAPs Evaluate PAPs’ socio-economic situation vs. a baseline situation Conduct RAP completion audit through independent consultant
Table 15-1: Output Indicators with Tentative Implementation Timeframe Indicator Time Frame Three to five months before handing over project to Establish RAP Implementation Committees at all levels the Contractor (week one) Conduct workshop for the RAP Implementation Committees and local authorities concerning the process and Week two after committee has been established responsibility Confirm compensation and rates and relocation options through Consultation with RAP IC and the Wereda From week three to week seven Administration Payment of Compensation From week four to week nine Provision of land From week four to week nine Construction of new houses From week four to week twelve Installation of utilities for PAPs (electricity, and telephone) From week four to week ten Relocation of public utilities (electricity and telephone) by From week one to week five service providers
Rekik Development Consultants Plc [email protected] Page 113
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
The monitoring report by the RAP-Implementing Committee will be submitted to the local authority (wereda for rural areas and municipality for towns). A copy of this will be submitted to the Zone and Regional State Bureau of Land & Environmental Protection and by the ESMT of ERA. It will also be enclosed in the construction progress reports submitted by supervising engineers. Only in this way can RAP implementation be monitored and problems identified and quickly resolved.
The main purpose of monitoring will be to verify:
If Actions and commitments described in the RAP are implemented. If Eligible project affected people receive their compensation prior to the civil work. The magnitude of RAP actions and compensation measures in restoring and improving pre- project livelihoods and lost incomes. If Complaints and grievances forwarded by project affected people are followed up and appropriate corrective measures are taken. If necessary changes in RAP procedures are made to improve delivery of entitlements to PAPs. If Compensation disbursement is made to correct parties. The physical progress of resettlement and rehabilitation. Restoration of social services and amenities. Special care and assistance provided to social groups in need of additional assistance.
All Monitoring and Evaluation Reports including Monthly and Quarterly Implementation Status Reports will be submitted to the World Bank on regular basis.
15.5 Gender/GBV Monitoring and Evaluation in RAP
During RAP preparation both positive and negative gender related impacts were identified and gender issues have been analyzed and mitigation measures to curb gender related negative outcomes put in place as well as benefit enhancement measures were identified, such as equal employment opportunities, attention to women during resettlement, targeted HIV/AIDS messages to women and girls are some of them. In order to address these and other issues that were raised, the project has to incorporate Gender Mainstreaming and GBV Plan of Action to be carried out during implementation and it should be in line with the ERA’s, China EXIM Bank, AfDB and WB gender policies. The gender Plan of Action, among other things, will empower women through ensuring that women are encouraged to seek employment in the project and that they are not discriminated against in the recruitment process.
During ESIA a specialized service providing firm was recommended for the implementation of HIV/AIDS and Sexually Transmitted Disease (STD) program. The specialized service provider will combine the delivery of Gender Mainstreaming Plan of Action with HIV/AIDS, STD awareness and prevention program.
The day to day activities of the HIV/AIDS, STD and Gender activities will be monitored by the Environmental Management Unit of the supervision consultant. The specialized service provider will prepare monthly and quarterly reports to be submitted to the supervision consultant. The reports will provide updated information including HIV/AIDS, STD and Gender program implementations highlighting key issues and problem areas and recommended measures for resolving identified drawbacks. The supervision consultant will forward the progress reports to ERA’s Women’s Affairs Directorate (WAD). ERA’s WAD will monitor the progress of the gender not only through these monthly and quarterly reports but will also make at least two field visits annually to the project site.
Rekik Development Consultants Plc [email protected] Page 114
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
15.6 Monitoring and Evaluation of the GRM
Monitoring and evaluation (M&E) are a process that helps to improve performance and achieve results or meet the project development objectives. In the course of RAP implementation, M&E is used for measuring the effectiveness of the grievance redress mechanism and the efficient use of resources and gauging benefit enhancement measures to enhance social protection at large.Monitoring helps to identify common or recurrent claims that may require structural solutions and enables the project to capture any lessons learned in addressing grievances.
For this project purpose, GR offices have been established in each project woredas and kebeles. The Project office supported their establishment (provision of some office gadgets, etc). Trainings for GRC has already been given; a log book to file cases has been introduced; suggestion boxes introduced in each offices; and a focal person is designated as a frontline staff to entertain grievances. The Project office (ER office) to collect grievances from log books and boxes weekly and to be discussed with the relevant stakeholders for possible redressing of complaints as well drawing lessons, Log books, and suggestion boxes are expected to be major monitoring tools.
ERA’s Women and Youth Directorate will assume lead role to undertake the internal monitoring on gender related issues. In addition, an independent monitoring consultant is already on board to conduct internal monitoring on social, environment and occupational health issues including on GBV and SEA.
The Monitoring and evaluation indicators are the following: provided capacity building for GRC, cases received and closed, working space for GRC, provided logistics for GRC, number of days to respond to GRC, number of PAPs depending on GRM systems and so on.
Rekik Development Consultants Plc [email protected] Page 115
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
References 1) ERA, Environmental and Social Management Manual Vol. I & II, 2008.
2) ERA, Environmental Procedure Manual, 2001.
3) ERA, Workplace HIV/AIDS Policy, 2004.
4) ERA, Road Safety Audit Manual, 2004..
5) ERA, Resettlement/Rehabilitation Policy Framework, December 2006
6) FDRE, Constitution of Federal Democratic Republic of Ethiopia, 1995.
7) FDRE, National Policy on Women, March1993.
8) Ministry of Women’s Affairs, National Plan of Action for Gender Equality, 2006.
9) FDRE, the Environmental Policy of Ethiopia, 1997.
10) FDRE, A Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002).
11) FDRE, Proclamation on expropriation of land holdings for public purposes and payment of compensation (Proclamation No. 455/2005).
12) FDRE, Federal NegaritGazeta, Proclamation for the Establishment of Environmental Protection Organs (Proclamation No. 295/2002).
13) FDRE, Federal NegaritGazeta, Proclamation on Rural Land Administration and Land Use (Proclamation No. 456/2005).
14) FDRE, Federal NegaritGazeta, Council of Ministers Regulation No. 135/2007, Payment of compensation for property situated on landholding expropriated for public purposes.
15) The EIA Guideline Document of Environmental Protection Authority (2004).
16) The Procedural EIA Guideline of Environmental Protection Authority (2003).
17) World Bank Operational Policy (OP 4.12) on Involuntary Resettlement December 2001.
18) Adami Tulu Wereda Socio Economic Profile (2012) unpublished.
19) ArsiNegelleWereda Socio Economic Profile (2012) unpublished.
20) CSA Population Projection of 2013.
Rekik Development Consultants Plc [email protected] Page i
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appendices
Appendix 1 Socio-Economic Information (Separately attached with the RAP document)
Rekik Development Consultants Plc [email protected] Page ii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appendix 2 Minutes of Meetings
Rekik Development Consultants Plc [email protected] Page iii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page iv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page v
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page vi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page vii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page viii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page ix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page x
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xiii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xiv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appendix 3 Unit Rate
Rekik Development Consultants Plc [email protected] Page xv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xvi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xvii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xviii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xx
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxiii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxiv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxvi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxvii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page xxviii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appendix 4 Vulnerable PAPs (Separately attached with the RAP document)
Rekik Development Consultants Plc [email protected] Page xxix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Appendix 5Comment Replay Matrix
Rekik Development Consultants Plc [email protected] Page xxx
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Supplementary Comments, Updated Resettlement Action Plan – 6th Submissions (January 2020)
Comment reply matrix April 2, 2020
No Comment of WB ERA’s Response to the comment Section 1. The RAP will be cleared/approved by the Government Comment accepted and improved as For your verification of Ethiopia and the World Bank and disclosed locally commented please recheck section in a language that PAPs and stakeholders understand. 13.1 For any changes made to the RAP, the same clearance and disclosure protocols will be followed.” 2. Who is directly responsible and accountable for Comment accepted and improvement are made For your verification implementation of the RAP and location of E&S staff under section 4. please recheck section in the institutional section? Ethiopian Roads Authority, Expressway and 4, 4.1 and table 4.6.1 Special Projects Management Directorate ( [A5] Right of Way Management Team), is responsible for planning and implementation of RAP in coordination with pertinent stakeholders. The Safeguard professionals of ERA, Supervision Consultant and Consultant will have a role from planning to phase-out of RAP. Details are provided at section 4
Rekik Development Consultants Plc [email protected] Page i
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Comment Response Matrix for Lot 4 RAP for given comment on January/2020
Comment Response Page/section 1.4 Scope of the RAP Update Study: is this section During all consultation that we have conducted Please refer section 1.4 there is a statement that read as“Secondly, to carry out all Vulnerable groups alike aged, FHHs, etc are and from page 72-81 consultation with selected groupsof the society which invited and participated. The issues are covered includes project affected persons, local administrations under section 8 while annexes are attached. (Zonal, Wereda and Kebele) and communities along The scope of the RAP incorporated the road, active NGOs, religious leaders, government leaders and elders.” However, there were no consultations made with vulnerable groups. The consultation is expected to address the needs of vulnerable groups like aged, FHHs, youths, persons with disabilities, etc. If consultation has been conducted with these groups, please indicate in the consultation section.
1.5 Objectives of the RAP: here it is reported that A number of consultations have been Refer page 72-81, “The Contractor has carried out the updated RAP … conducted starting from 04/06/2018 till annex 2 based only on the valid information from the RAP 22/05/2019 and the results are annexed please performed by TechniPlan in 2015 during the Concept refer annex 2 while the discussion also Design Stage that was reviewed by Ethio – Infra.” This presented on section 8 .Therefore this RAP statement indicates that no consultations were made depended on updated consultations and during RAP updated and it is prepared based on the inventory. already available information only. However, updating requires consultations and conducting census PAPs as well as conducting asset inventory and valuation. Please clarify.
2.1 Geographic and Administrative Location: under This RAP is not include the three link Roads so this section it is noted that “The updated RAP for the we will produce a separate RAP for the link project covers the main road alignment without Roads. including the three link roads to be upgraded.” Why is this? Does this implies that a different RAP will be required or no land acquisition and displacement is involved for the three linking roads that will be
Rekik Development Consultants Plc [email protected] Page ii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report upgraded? Please clarify.
2.2.5 Ethnic Composition: No ethnic group named as Comment accepted revised accordingly please SNNP. SNNP is a region and it needs to indicate the check again the section to see the names of the ethnic groups or labeled as ‘others’. improvements
2.8 Gender-Based Violence /GBV/: it is stated that“A Comment accepted and it is revised project specific GBV risk assessment is being accordingly. Please check section again to see undertaken and a GBV action plan will be prepared the improvements. In relation to GBV based on the results.” Please indicate an estimated specialist, the assigned professional is on board timeline where the assessment will be conducted, and working on the subject in line with the gender specialist will be on board and the GBV action GBV Terms of reference and this is plan will be prepared. information provided on the main body of the Figure 4-1: GRM Organizational Roles and RAP Responsibilities Channel: The figure under this section and its discussion does not match. This figure does not indicate the GRM rather it looks project implementation structure. Please revise it.
5. Impacts of the Project Road: There a statement Comment accepted and the requested of that states “The actual number seen in the summary data provided please see the section obstruction list annexed with this to check the information document.” Please indicate the actual number of PAPs disaggregated by sex here to give reviewer/ reader a first understanding on the scope of impact of the project, and then refer to the annex for details. 5.1.3 Increased Agricultural Production and Comment accepted and this section is removed Productivity: Enhancement measures – the and please check the section to prove recommended measures are beyond the scope of the project to implement. So, who will be responsible for the implementation of these mitigation measures? Please indicate. 5.2 Negative Social Impacts and Mitigation Comment accepted and information is Measures: “The negative impacts are related to provided under table please see this expropriation of farmland, crop loss, spread of malaria, sectionagain for verification STD and HIV/AIDS, growth of squatters and
Rekik Development Consultants Plc [email protected] Page iii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report uncontrolled settlements, noise disturbance, spoil dumping and pressure on local services and facilities, and impact on settlements.”The impact of the project on grazing land was not indicated. If there is no impact on the grazing land, please state it.
5.2.1 Affected Houses and Fences within 90 meters Comment accepted and the section improved width of ROW: the cost per one Eucalyptus tree is based on the comment determined as 630. However, the cost for trees varies depending on the size of the try such as small, medium and big. This is not indicated. Please clarify.
5.2.5 Impact on Graveyards: Who were consulted for Comment accepted and improved. The wider communal graveyards? Who will be responsible for community and PAPs were consulted in relocating communal graveyards? Please indicate this. relation to these minutes of the meeting And also indicate how the cost for communal attached please refer annex 2 while the cost for graveyards relocation was determined? relocating graveyard depended on regulation 135/2007 which have details in consideration of cultural and religious norms thus there is a unit rate for the costs to determine. The representatives of ERA, Consultant and Contractor facilitated other another mass grave sites 6. Eligibility Criteria and Project Entitlement: The The cut-off date is fixed after finalizing the cut-off-date for compensation eligibility has been set at design and announcement of the alignment so March 20, 2018. But in the Glossary the “Cut-off it is same along the alignment but if there are Date is the date of commencement of the census of changes in design and the new cut –off date PAPs or displaced persons (DPs) within the project will be considered. area boundaries.” The question is that, is March 20, The cut –off date is informed and 2018 that date on which census was conducted? Does communicated during consultation. It is also this cut-off-date the same for all PAPs whose asset was important to remind no challenge is affected before and after the design change? This is not encountered in relation to cut – off date indicated in the RAP. Please clarify. because people are well informed about the In the same section, the different meanness by which project. the cut-off-date has been notified for the PAPs was not All transitional and moving allowances and clearly indicated. Please indicate different meanness by compensation for temporary land loss will be
Rekik Development Consultants Plc [email protected] Page iv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report which the cut-off-date has been publicized and directly paid to those affected. Compensation, communicated with the PAPs both small and large amounts will be paid In the same section it is indicated that “compensation, transferredto the Bank Account opened by the both small and large amounts will be paid either in cash PAPs (joint account for married). or by cheque, following the agreement with the individual PAP’s”. Please note that the compensation Disbursements will be ensured by ERA and should not be directly paid to the PAPs in cash. To will take place in the presence of the ensure that wife have equal decision on the compensation committee as well as the spouse compensation paid to their land, a joint account should or spouses of the individual PAPs. be created or opened by the name of a husband and wife. Then, the compensation money will be transferred to their account.
Table 6-1: Project Entitlement Matrix: some Comment accepted and revised accordingly improvements are made and, please consider it. 7. Livelihood and Income Restoration Comment accepted and revised accordingly. Measures: Please relate this livelihood restoration We also put the time line and an indicative discussion with the discussion made for Lot3 and budget USD 3,000,000.00 that is allocated for indicate the timeline and the budget estimates made. the whole stretch of M-H Project. Each section The discussion under this section is not related with the of the project will it own independent other LRP discussions with Lot3. However, it is consultant who will undertake the need indicated that one comprehensive LRP will be assessment and prepare LRP and VG Plan. implemented for Modjo-Hawassa Expressway by ERA.
Special Restoration Measures for Vulnerable Comment accepted and revised accordingly Group/PAPs: under this section it is noted that “The type of vulnerability assistance to each PAP will be identified by the property valuation committee in consultation with PAPs.” However, Property evaluation committee does not have the poor to identify the vulnerable support by law. Hence, please related this discussion with the discussion made for lot 3.
8.5 Findings of Consultations with PAPs and Comment accepted and the section well Community Groups: The responses and answers improved. All the concerns, needs and provided for the concerns, questions and needs of the questions raised by the community and PAPs
Rekik Development Consultants Plc [email protected] Page v
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report community by ERA and the contractors are not are addressed. It is important to remind that presented. What is presented is the points of discussion during consultations the local government and the role and commitment of the Woreda representatives are actively participated in administration. Please include the response provided by addressing the issues in line with the applicable the ERA or the Contractor for the issues, concerns, legislations and policies. needs and questions raised by the community members and the PAPs.
9. Socio- Economic Survey of PAPs: The socio- Comment accepted we provide and make our economic section lacks income of the PAPs which is maximum effort but due to lack of data we are the main variable and required as a baseline data. didn’t provide this information since majority Please include the income distribution and average of the PAPs are farmers income of the PAPs.
12. Grievance Redress Mechanism: The way in Comment accepted and improved please check which GBV related cases will be addressed is not section to see the improvements included. In this section, please clearly indicate how GBV related cases will be managed and who will be responsible. Women and Children affairs office proposed somewhere above in the RAP is not included in the GRM committee. In the same section it is noted that “The project office suggested the following committee composition to be formed in the two project Weredas and the committee is currently under formation.” Since the GRC is already established, please include their names and indicate their composition by sex and represented offices. Presenting suggestions in this RAP is not the right way.
13.2 Scheduling: It is estimated that the Comment accepted and improved implementation of the actual RAP activities will be completed within a period of three years. Please indicate the actual month and years where the RAP will be started to be implemented and completed. 15. 6Monitoring and Evaluation of the GRM: Please Comments accepted and indicators are
Rekik Development Consultants Plc [email protected] Page vi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report include GRM monitoring indicators. No indicators are included please see the section again to check included for M&E of GRM. the improvements Beside, improvement comments and editorials are also Comment accepted and adjusted accordingly included in track change within the RAP document for your consideration.
Rekik Development Consultants Plc [email protected] Page vii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Comment Response Matrix for the 9th Submission of RAP Report from the Contractor (30/09/2019)
Sr. Comment Contractor’s Response to ER’s Employer’s No Comments Representative Review 1 Executive summary: Changes need to be made as per Accepted and Revised, see page i, iv changes made to the main body of the RAP. Comment Responded
2 In all cases where government proclamation is Accepted and Revised, See page 5, 8, referenced for valuation purposes please ensure 9, 10, 11, 13,14, 27, 30, 31, 32 - 37,57, Comment Responded inclusion of OP 4.12 65, 77 3 1.3: Project location and description: More information Accepted and Revised, See page 2 on the infrastructure covered under this RAP would be useful. In addition to the 51.68 km of 4 lane dual carriageway, what type of development is envisaged, Is it a rehab or a new road? How many link roads, how many access roads? What are the ancillary works? Are they all covered in this RAP? We understand that the link roads are not covered. Will there be a separate RAP? This information will allow for a better understanding of the magnitude of impacts.
4 Point 1.5: The last para states that-"The Contractor has Accepted, page 8 carried out the updated RAP document of lot 3 Zeway- Comment Responded Arsi section ------identified", Please clarify the relevance of this information for this RAP of
Rekik Development Consultants Plc [email protected] Page viii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
lot 4 which is a different section. Furthermore, the second last para under point 1.6 states that the “route is entirely changed-----” 5 Point 1.6: The second para on page 17: Please change a Accepted, page 9 sentence here to state that for this project, "in case of conflict or gaps between FDRE law and that of China Comment Responded EXIM Bank,.or AFDB or WB, the World Bank Operational Policy OP 4.12 will prevail". 6 Table 3.1: Please review this table to ensure that the Accepted, page 33 - 37 dividing lines of the rows fall at the correct place and allow for continuity of the section for the Theme under discussion. For Compensation, the last column refers to Proclamation 456 as the "Measure to address gaps" Comment Responded while the second column here discussed Proclamation 455/2005 Article 7 (1). The Measure to be used is not clear. Moreover compensation as a Theme is discussed twice and left incomplete for OP 4.12 (page 45). 7 4. Institutional and Administrative Framework: Please Accepted, Pages 39-42 provide information on who is directly responsible to implement the RAP and who is accountable for it. Does the project have any environmental and social staff'? Where are they and with what responsibilities. Figure 4.1 in this chapter refers to the GRM Organization Roles and Responsibilities Channel. Please clarify. 8 5. Impacts of the Project Road: Under enhancement Accepted and Revised, Page 50 measures please document how these will be implemented and by whom. Please provide a summary table of different types of impacts along with numbers of PAPS in each category (gender
Rekik Development Consultants Plc [email protected] Page ix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
disaggregated). It should cover all types of losses mentioned in different sections of this RAP. E.g Page 74 states that 90 households lose their landholding totally while others lose partially but this chapter does not provide this information. 9 6. Entitlement matrix: The Ex. Summary (page 7)states See page VII in Executive summery that cash compensation is the preferred option for loss and Page 57 - 62 of strips of farm land. Please state that "in all cases (particularly where cash is being offered in the Entitlement Matrix) providing replacement land will be first choice and efforts will be made to provide land". For Vulnerable groups, please elaborate what special and additional support is being committed for relocation and livelihood restoration. For Livelihood Restoration if these are to be implemented ,under the LRP. Please state here when and by whom it will be prepared and implemented. 10 7. Livelihood and Income Restoration: Please state Accepted and Revised, See page 63 when this Plan will be prepared and implemented. Since it is a part of the RAP, it will need to be completed within the timeframe of the project. 11 8.7: Please change the word stakeholders to “Project -Accepted and Revised, See page 73 in Authorities” from the heading of this point, as Gregorian calendar stakeholders include many other categories including the PAPs. The consultation shown in the tables were held in 2010 and 2011. Please provide information on -Revised, See page 76 recently held consultation for this RAP preparation. Please also specify the type of stakeholders shown in the tables. Were they PAPs or institutional stakeholders.
Rekik Development Consultants Plc [email protected] Page x
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
12 10.2.1: The last para mentions finalization of Accepted and Revised, see page 79 resettlement sites. Please clarify if there is any (Since no resettlement it is removed) resettlement sites planned. If yes, please provide details about selection criteria, social infrastructure to be provided in the sites, and include them in the implementation schedule, budget, and M&E. 13 12: Grievance Redress mechanism: Please specify who Accepted, page 82 - 85 in the GRC will be responsible for receiving complaints and responding to complainants. What is the mechanism for registering and resolving GBV/SEA complaints? Please be mindful of the need for confidentiality and sensitivity on this issue. Figure 12-1 shows a WPV committee in this mechanism in addition to the GRC. Please provide details on the WPV Committee. 14 13: Disclosure of the RAP: Please provide for the Accepted, page 86 following:" The RAP will be cleared/approved by the Government of Ethiopia and the World Bank and disclosed locally in a language that PAPs and stakeholders understand. For any changes made to the RAP, the same clearance and disclosure protocols will be followed.” 15 Scheduling: Please provide a scheduling chart with Accepted and Revised, see page 90and activities and timelines. table 13.1 c 16 15: Monitoring and Evaluation: There needs to be more Accepted and Revised, see page 96 and specific information on the monitoring from internal and table 15.1 h external agents in terms of activities to be covered. Will i external monitoring be used to validate the internal monitoring results or to support the on-going internal t monitoring?
Rekik Development Consultants Plc [email protected] Page xi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
17 Table 15.1: The indicators referenced here are general Accepted and Revised, see page 96 areas/themes. There needs to be specific indicators identified to ensure implementation of the RAP and the EM is on track. 18 15.5 Gender monitoring in the RAP: The supervision Accepted and Revised, see page 97 consultant is given the responsibility for monitoring the gender plan, HIV/AIDS and STD. Please specify who will be responsible for monitoring the GBV issues. 19 15.6 M&E of the GRM: These are general statements. Accepted and Revised, see page 98 and Please provide the monitoring mechanism with Figure 12-1 -- responsibilities, indicators to be monitored along with frequency and reporting hierarchy.
Rekik Development Consultants Plc [email protected] Page xii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (5th Submission) Public and The response or clarification provided for some of the 1 Stakeholders' questions/critical issues raised by the participant - Accepted and updated, Page 78, 79 and Consultation PAPs were not adequate or merely entertained: such 80. as the issue related to absence of replacement land, livelihood concerns, etc The summary table for the consultations conducted - Accepted and updated, Page 82. didn’t contain information on the dates and specific locations where the consultations were made, the number of consulted PAPs (gender dis-aggregated data), the number of local consulted officials (gender dis-aggregated data), issues and concerns raised by participants and responses provided for the issues and - Accepted and latest minutes of meetings concerns were added, Annex 2. The Attached Annex 2 Minutes of Meeting is outdated
Rekik Development Consultants Plc [email protected] Page xiii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (4th Submission) General Comment The RAP has all the contents required to develop a 1 resettlement plan. However, it would be better if it is - Accepted and updated throughout the restructured and addressed as suggested in the comments document. below. Specific comments,
Executive The contents and executive summary need to be 2 Summary updated as per the changes made in the main body of - Accepted and updated, page 3. the RAP following the comments. Summary of the OP 4.12 policy requirements is not presented in the executive summary. - Accepted and updated, page 5. Arbitral tribunal has been indicated as established in the executive summary, but no mention has been made about the arbitral tribunal anywhere in the document, particularly in the GRM section. Please, - Accepted and updated, page 6. confirm if the term arbitral tribunal used interchangeably with GRC to ensure consistency. 1.6. Methodology The methods, tools and techniques employed, to 3 collect both primary and secondary data required for - Accepted and updated, page 17. the preparation of the resettlement plan shall be specified under separate topic of methodology, including the sample size and the scope of the survey conducted for the current updates of the RAP. Under description of the project: Does the RAP the two link roads planned to be improved included as part of the total 51.68km section of the road? i.e. did - Accepted and updated, page 20. the census survey of the impacted PAPs and properties include the PAPs in the two link roads and other crossing areas, if any.
Rekik Development Consultants Plc [email protected] Page xiv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (4th Submission) 2.7. Economic The economic activities mainly practiced by the rural 4 Activities population is presented under this section. Please - Not Accepted, all the PAPs addressed by provide a description of the source of income and this updated RAP are rural population. livelihood for the towns traversed by the project and There are no urban areas directly affected include the employment baseline data. by the envisaged project. Hence, the source of income and livelihood for the project affected rural areas traversed by the project only is included in the updated RAP, Page 24-25 2.8. Drought and This section largely presents general vulnerability 5 Vulnerability from droughts and food security perspectives. Thus, - Accepted and Clarified, this section the situation of vulnerable segment of population (as presents the socio-economic profile of the provided by the Ethiopian national social protection project as a whole. The issues regarding policy) in the project area including the poor, women, the PAPs and vulnerable groups is children, disabled/handicapped, elderly, and presented in section 9 ‘Socio-economic marginalized groups, who are susceptible to hardship Survey of PAPs’. and may be less able than other to reconstruct (to cope with) their livelihoods after resettlement, needs to be rather discussed here. 3. Policy and Legal Please provide the “National Social Protection 6 Framework Policy” under this section, with special emphasis to - Accepted and incorporated, Page 35-36 the vulnerable and disadvantaged groups. Provide a discussion on eligibility criteria from the AfDB and WB involuntary resettlement policy - Accepted and incorporated, Page 38-39 perspectives. Proposed discussion for the later included. Under Table 3.1. Comparison between the National - Addition Accepted, Pages 44-45 Legislation and OP 4.12, more items (in bottom
Rekik Development Consultants Plc [email protected] Page xv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (4th Submission) column) on inclusive consultation, cut-off date, disclosure of information and accessible GRM have been suggested. Please verify. 4. Institutional and This section and organizational procedures have been -Merge Accepted, Pages 44-52 7 Administrative merged (in track changes) as the contents are similar.
Frameworks 5. Impacts of the The negative impacts and the proposed mitigation 8 Road Project measures which have been separately presented in this chapter and chapter 10 are merged (in track changes). - Addition Accepted Pages 56 - 62 More impacts on women, child labor and exposure to HIV/AIDS and other STDs have been included with their respective mitigation measures. 6. Eligibility Under Table 6.1 Entitlement Matrix, more 9 Criteria and entitlements for impacts on vulnerable group - Addition Accepted, Pages 64 - 68 Project including women, impact on utilities, relocation and Entitlement livelihood have been added, as well. 7. Livelihood and A needs assessment on the affected households (#273) 10 Income shall be conducted in order to develop a - Accepted and incorporated, Page 38-39 Restoration comprehensive livelihood restoration plan and Measures vulnerable group assistance with proposal of realistic livelihood strategies and itemized budget (rather than indicating here in lamp sum) as the needed budget may vary based on the scope of impact of the land take on the PAPs. 8.5. Findings of The respective responses for the concerns and 11 Consultations with questions raised by the PAPs and community - Accepted and incorporated, Page 78 PAPs and members during community consultation are not Community included.
Rekik Development Consultants Plc [email protected] Page xvi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (4th Submission) Groups 12. Grievance If the GRC at the Woreda level has been already 12 Redress established, provide the actual composition of the - Accepted and incorporated, Page 90 Mechanism GRC with their respective roles and responsibilities, instead of discussing here the hypothetical suggestions. Make sure PAPs are represented in the composition for the local GRC. It is not logical (does not demonstrate independence) for the asset valuation committee to be responsible for - Accepted and incorporated, Page 91 hearing /resolving grievances in the first place. The GRC may receive information from the AVC during its investigation process. Instead, the project can form and use the commonly practiced traditional conflict resolution mechanism in the project area to address grievances locally. Please check the grievance procedure guideline in LoT-3 and adapt as appropriate. 13.2. Scheduling It is better to present the RAP implementation - Accepted and incorporated, Page 98 13 schedule diagrammatically as well. 15.2. Internal It would be better to undertake this internal 14 Monitoring monitoring through ERA’s Social and - Accepted and incorporated, Page 101 Environmental Unit / Team than by the RE. Independent consultant has been suggested to conduct both the internal and external monitoring assignment, which has to be only for the later. - Accepted and modified, Page 101 - 102 Monitoring and Evaluation of the GRM has been added (in track changes). Please verify.
Rekik Development Consultants Plc [email protected] Page xvii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Employer’s Representative (ER) Supplementary S.N. Item Reference Comments Contractor’s Response (4th Submission) Accepted, Page 105
Rekik Development Consultants Plc [email protected] Page xviii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub A Comments, 1st Submission 1 Under the Project Description the following section are Revised Page 2, 3, 10, 11 not included Please remind that the Project Description can be copied from the Feasibility Study Report Where the following points are varies along the length of the road Road Functional Classification (As per ERA Standard Design Classification) Climate Classification Elevation (m) (min – max) As per ERA Standard Design Classification Traffic Volume Classification Sample table: Project Control Points No Start End Description of Terrain Km Km key points As per ERA standard classification The Description of Key Points shall include for towns, villages, major intersections, major rivers/bridges and changes in topography/terrain Describe any existing local development plans and current projects, town plans that have been taken into account during the design process, and how these
Rekik Development Consultants Plc [email protected] Page xix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub have affected the design. Provide maps showing Location of project within country Road corridor identifying major towns and other key features
2 The Public Consultation and Disclosure section missing Revised 45, the following listed topics but should be included in the submitted RAP
Describe properly the national and local requirements for public consultation, minimum notice periods, mechanisms for ensuring those affected are aware of the process and public disclosure. Describe the communication strategy, the mechanism for affected people to raise their concerns or queries throughout the project, and measures to ensure that vulnerable groups are adequately represented. State the advertised cut-off date in accordance with Proclamation No.455/2005. Include: Identification methods of the interested and affected public Methods used to inform and involve stakeholders Who has been consulted, when and what was discussed – should include: Local, regional and national planning
Rekik Development Consultants Plc [email protected] Page xx
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub authorities and administrations Local, regional and national representatives from agencies responsible for environmental protection, agricultural development, water management, cultural heritage, archaeology, infrastructure and service provision. Local community leaders and community representatives (including government, non- government and civil society organizations) Description of the level and modality of public participation, fairness and appropriateness of representation of opinions and points of view Representation of Project Affected Persons (PAPs) – accurate reflection on the views, opinion and consent of the PAPs on proposed mitigation measures and compensation Copies of meeting notes summarizing the main comments and issues raised at these meetings to be signed by consultant and representative(s) from the meeting as an accurate and true reflection of the discussions that took place – to be included as an appendix to the report. Analysis of the views and concerns expressed How these have been taken into account Outstanding issues and matters that need to be
Rekik Development Consultants Plc [email protected] Page xxi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub resolved
3 Minimizing Resettlement the RAP missing so please Revised indicate the effort
Describe the efforts made to minimize resettlement, and the results of these efforts Describe methods to be used to minimize displacement, either permanent or temporary, during implementation.
4 Surveys and Identification missing the below listed point Revised 11, 12, 13, 45, 46, so please include 47
Provide detailed large-scale maps (1:200) showing for the proposed road corridor Right of Way limits existing road boundaries plot boundaries plot numbers/reference current land use and vegetation potential land use buildings, monuments, graves places of local or ritual significance public services/utilities, water resources
Rekik Development Consultants Plc [email protected] Page xxii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub
Include a reference system that enables cross referencing of land plots and buildings on the maps to the data presented in tables If locations of borrow areas, quarries, diversion roads or other sites to be acquired temporarily for construction purposes are known, these and the affected land / properties should be identified. Where resettlement is involved, provide maps showing the area to which people will be resettled if there is any or justify if it is not required Provide data collection/survey formats Demography Household size, occupation, gender, age structure Health status, vulnerable groups Social impacts Provide comments and tables on the magnitude of the proposed acquisition of land and assets at household, community and public levels. Identify all categories of impacts and affected people. Tables to show the area of extent and nature of the land and properties to be acquired, land tenure system (ownership and user rights), proportion of plot to be acquired, whether there is sufficient residual land for those affected to remain or
Rekik Development Consultants Plc [email protected] Page xxiii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub whether full plot needs to be acquired. Summarize the results of consultations at community and public level. Describe the need for updates to census, asset inventories, and surveys Use Appendices for census and inventory tables
5 Social Safeguards Management Revised 67, Annex 4
Identify disadvantaged and vulnerable groups. Prepare an analysis of how the land acquisition and resettlement process affects vulnerable groups, particularly identifying where women may suffer from exclusion from the process leading to additional negative impacts and/or where they may require additional support. The analysis should include identification of how these negative impacts may be avoided or mitigated, what additional support may be required and how it may be delivered.
Provide information on population and facilities affected, and what measures are to be put in place to ensure protection of wage laborers, roadside communities, roadside facilities and services. Identify the area of influence for social impacts along the
Rekik Development Consultants Plc [email protected] Page xxiv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub route, and the location of significant features or population centers that need to be protected.
6 Community Loss Restoration and Improvements Revised 74, 75, 76
Provide detail of consultations at community and public levels, and agreements of the proposed restoration either in projects during implementation, or monetary compensation for loss of community facilities and infrastructure. For the latter, provide details of how the valuation estimates were calculated, and whether they are final or need to be re-calculated, and if so the basis for re-calculation. State whether the loss restoration and improvements are to be included in the main implementation contract and how.
7 Socio-economic profile Revised 65 - 68
Characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including
Rekik Development Consultants Plc [email protected] Page xxv
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub health status) of the displaced population; Patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; Social and cultural characteristics of displaced communities, including a description of formal and informal institutions that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.
8 Implementation Schedule and Institutional Arrangements Revised 77, 78
Prepare a program/work plan showing the activities necessary for implementing the land acquisition and resettlement process. Identify the organizations, specific units and the specific posts or individuals that will be responsible for implementation, including the role of Federal and Local authorities, sectoral institutions, and NGOs in providing additional support to affected people. Identify the likely timing of all activities from the start to the completion of the process. Identify how the various roles and responsibilities will be managed, who is responsible for coordinating the
Rekik Development Consultants Plc [email protected] Page xxvi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub overall process, how handover between units and organizations is to be managed. The program should separate resettlement activities, paying of compensation, and projects for loss restoration within the communities. This should be linked to the overall project plan and the implementation of civil works. Ideally all land acquisition and resettlement issues should be completed before work starts on site. It should take into account minimum notice periods, and set realistic target dates for completion of tasks, especially where these required inputs from other organizations. The schedule should be communicated to and agreed with all those identified in the organizational framework.
Sample Table: RAP Implementation and Resource Schedule No Action / Resource Proposed Remark Task Timing Insert who is responsible for carrying out the task
Rekik Development Consultants Plc [email protected] Page xxvii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub The timing should be stated as the start and end week/month number starting the count from the beginning of the process, e.g. week 3 – 8. This can be refined at a later date when the actual start date of the project is known.
9 1. Monitoring and Evaluation Revised 86 - 89
Describe how the land acquisition and resettlement process will be monitored and evaluated including:
Monitoring indicators for the implementation of RAP Social indicators after implementation of RAP
B Additional Comments from Employer, In Meeting in ERA on 27 January, 2019 1 “definitions” of all terms as applicable in this document Revised xiv-xv 2 In case of conflicts or gaps between the Federal Democratic Revised 1, 11, Republic of Ethiopia (FDRE) law and that of the China EXIM Bank or AfDB or WB Policy, the Banks policy will prevail as the final or the higher of the these standards/instruments that is more beneficial to the project affected persons will be followed as it also satisfies the requirements of the lesser
Rekik Development Consultants Plc [email protected] Page xxviii
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub standard. 3 The objective of this Resettlement Action Plan (RAP) is to Revised 3, 15 minimize the risks from the Modjo - Hawassa; Lot 4: ArsiNegele - Hawassa project road by avoiding displacement of people. The RAP designs compensation procedures and relocation, establishes compensation measures for losses incurred and it also establishes income restoration measures and resettlement assistance. 4 Project Entitlement Matrix Revised 49 - 52 5 Livelihood and Income Restoration Measures Revised 54 - 57 6 Special Restoration Measures for Vulnerable Group/PAPs Revised 56 - 57 7 Findings of Consultations with Local Officials Revised 59 - 60 As we discussed it is not only China EXIM Bank that is Revised 12 8 responsible for safeguard Compliance WB is also responsible Revised and the Comment on page 12 (The road corridor traverses three 9 Introduction weredas, part re- written ERA will ensure that all financiers will adopt and implement Revised 12 10 the reviewed safeguard instruments prepared for the respective sections of the road. 11 Is it under the heading of Approach and methodology? please Revised 10 check (17) 12 please put in figure regarding how many households are the Revised 24
Rekik Development Consultants Plc [email protected] Page xxix
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub beneficiaries of these PSNP and also how many PAPs are the beneficiaries of this programme 13 For temporary impact the amount of compensation will be Revised 29 calculated by the number of years the land is occupied by the (Deleted) project. 14 replace recommendation with measures Revised 39 15 Design and Build Contract Management change to Revised 42 Expressway and Special Projects Management Directorate 16 Market value replaced replacement value Revised 50 -53 17 please provide us the minutes of meeting or any record that Accepted Appendix 2 were taken during consultation regarding the opinion of the PAPs on livelihood restoration 18 livelihood and vulnerable group assistance under separate Revised 58 -59 sections and set eligibility criteria plus take into account the need for further detailed assessment 19 currently ERA is paying for any type of land acquisition on Accepted 75, Deleted permanent basis so you are advised to delete this section 20 do not use interchangeably cause resettlement and Revised 83 compensation committee are not the same 21 market valuation, production & productivity valuation, Revised 84 negotiated settlements, material and labour valuation 22 this channel only discuss compensation but we recommended Revised 84 - 89 the type of channel to be used as supplementary so please refer to previously attached GRM Chart In addition there are some issues to be included please refer to
Rekik Development Consultants Plc [email protected] Page xxx
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Response from Contractor, 4th Review from S. Comments from Employer’s Representative/ Employer, Sub Employer’s Remarks No. 1st/ 2nd /3rd sub Response Reference page in Representative, the Report 3rd sub Lot 3 RAP 23 please keep in your mind if your are providing us livelihood Accepted and 92 restoration measures which is shallow if it is supposed to be Revised implemented there should be a plan that can show a list of beneficiaries, clear eligibility criteria, detailed household survey, need assessment, detailed activity plan, time frame .... so it is advised to take into account that there is a need to prepare a separate plan. for this RAP it is assumed to discuss the general regarding the need for LRP and VG support, the strategies but don't omit this section
24 your advised to omit this section cause RAP is a plan so no Accepted Deleted need for recommendation and conclusion
Rekik Development Consultants Plc [email protected] Page xxxi
Ethiopia. Lot 4 ArsiNegele-Hawassa Road Project Updated RAP Report
Rekik Development Consultants Plc [email protected] Page i