Public Disclosure Authorized BAIDOA MUNICIPALITY SOUTH WEST, SOMALIA
SOMALI URBAN RESILIENCE PROJECT II (SURP II)
Project No. (P170922) RESETTLEMENT ACTION PLAN (RAP)
Public Disclosure Authorized 30KA Road Ali Amhar Road Hospital Road
Hanano Road
Prepared by: YussufHassan Adam – Environmental and Social Safeguards Specialist
Baidoa Municipality Public Disclosure Authorized
FINAL
June 22, 2020
Public Disclosure Authorized
TABLE OF CONTENTS
LIST OF FIGURES ...... 2 LIST OF TABLES ...... 4 ACRONYMS AND ABREVIATIONS ...... 5 DEFINITIONS OF TERMS USED IN THIS RAP ...... 6 EXECUTIVE SUMMURY ...... 8 1 INTRODUCTION ...... 11 1.1 Project Background ...... 11 1.2 Project Context ...... 11 1.3 Project Description ...... 12 1.4 Proposed Roads for Rehabilitation Area Description ...... 13 1.5 Cut-off Date ...... 17 1.6 Resettlement Impacts Description ...... 18 2 RAP OBJECTIVES AND METHODOLOGY ...... 18 2.1 Objectives ...... 18 2.2 Methodology ...... 19 3 PROJECT POTENTIAL IMPACTS ...... 19 3.1 Positive Outcomes ...... 19 3.2 Negative Impacts ...... 20 4 SOCIO-ECONOMIC BASELINE OF PAP HOUSEHOLD HEADS ...... 22 4.1 Gender ...... 22 4.2 Age ...... 22 4.3 Marital Status ...... 23 4.4 Education Level ...... 23 4.5 Occupation and Average Monthly Income ...... 24 4.6 Household Size ...... 25 5 LEGAL AND INSTITUTIONAL FRAMEWORKS ...... 25 5.1 Somali National Laws ...... 25 5.2 South West State Laws ...... 26 5.3 World Bank ESF Requirement on Resettlement ...... 26 5.4 Gaps between Legal and Institutional Framework and World Bank Policies ...... 27
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6 ELIGIBILITY CRITERIA AND ENTITLEMENTS ...... 29 7 ASSET VALUATIONS AND COMPENSATION ...... 34 7.1 Loss of Land ...... 34 7.2 Loss of Structure ...... 34 7.3 Loss of Livelihood ...... 35 7.4 Vulnerable Groups ...... 35 8 PUBLIC CONSULTATIONS AND PARTICIPATION ...... 36 8.1 Consultation with Baidoa Municipality Leadership ...... 36 8.2 Consultation with Sub-District Administration ...... 36 8.3 Consultation with Community Groups ...... 37 8.4 Consultation with Project Affected Persons (PAPs) ...... 39 8.5 Consultation with Grievance Redress Committee (GRC) ...... 41 8.6 Consultation with Resettlement Committee (RC) ...... 42 9 GRIEVANCE REDRESS MECHANISM ...... 43 10 ORGANIZATIONAL RESPONSIBILITIES ...... 44 11 IMPLEMENTION SCHEDULE ...... 44 12 RAP BUDGET ESTIMATION ...... 45 13 MONITORING AND EVALUATION ...... 45 13.1 Internal Monitoring ...... 46 13.2 External Monitoring ...... 46 14 CONCLUSION ...... 46 15 REFERENCES ...... 47
LIST OF FIGURES Figure Title Page 1. Arial View of Baidoa District Showing Proposed Four Roads under SURP II 12 2. Blocked Section of Hospital Rd and its Alternative Route 13 3. Various Sections of Hospital Road 14 4. Various Sections of 30KA Road 15 5. Various Sections of Ali Amhar Road 16 6. Various Sections of Hanano Road 17
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7. Gender Distribution of Interviewed PAPs 22 8. PAP Household Heads Education Level 24 9. PAP Household Heads Average Monthly Income 25 10. Consultation with Sub-district Administration 32 11. Consultation with Community Groups 33 12. Consultation with PAPs (Ali Amhar Road) 35 13. Consultation with PAPs (Hospital Road Link Route) 36 14. Consultation with PAPs (Hanano Road) 36 15. Consultation with Grievance Redress Committee 37 16. Consultation with the Resettlement Committee 38
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LIST OF TABLES Table Title Page 1. Roads Planned for Rehabilitation under SURP II 12 2. Available Road Width versus Proposed Road Width 18 3. PAPs and a Summary of Affected Assets by Road 21 4. Age Distribution of PAP Household Heads 23 5. Marital Status of PAP Household Heads 23 6. Types of Occupation Engaged by PAP Household Heads 24 7. Household Size Profile 25 8. Gaps Between Somali National Laws and WB Safeguards Policies 27 9. Types and Number of PAP Assets Affected 30 10. Identified Vulnerable Groups 31 11. RAP Implementation Schedule 40 12. Compensation Budget Estimate for proposed roads under SURP II 40
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ACRONYMS AND ABREVIATIONS TERM DESCRIPTION BM Baidoa Municipality ESF Environment and Social Framework ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Standard GRC Grievance Redress Committee GRM Grievance Redress Mechanism IDPs Internally Displaces Persons Km Kilometer M Meter M&E Monitoring and Evaluation PAPs Project Affected Persons PIU Project Implementation Unit RAP Resettlement Action Plan RC Resettlement Committee Rd Road ROW Right Of Way RPF Resettlement Policy Framework SUIPP Somali Urban Investment Planning Project SURP Somali Urban Resilience Project USD United States Dollar WB World Bank
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DEFINITIONS OF TERMS USED IN THIS RAP Term Definition Census Afield survey carried out to identify the persons who will be affected by the project, to establish an inventory of land and assets to be affected, to determine who will be eligible for compensation and assistance, and to discourage ineligible persons, such as opportunistic settlers, from claiming benefits.
Compensation Payment in cash, kind or other assets given in substitute for land acquisition, or loss of other assets, livelihoods in part or whole. Cut-off Date The date that census begins and asset inventory of PAPs. The date on and beyond which anyone encroaching in the right of way of roads will not be eligible for compensation or other kind of resettlement assistance. Eligibility The state of having the right to receive compensation or other resettlement assistance through satisfaction of certain criteria. Household A house and its occupants that live together as single family unit. Involuntary Refers actions taken without the will or choice of displaced person/s. Land Acquisition Is the taking of land, buildings and other assets for the purposes of the sub-project. Livelihood Refers to the full range of means that individuals, families and communities earn their living. Project Affected Persons (PAPs) Means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said PAPs physically relocates. These people are affected for losing land and access to assets as well as loss of livelihoods. Resettlement To reach an acceptable agreement by all parties involved. Resettlement Action Plan Is a resettlement instrument to be prepared when development locations requiring resettlement are identified where land acquisition leads to physical displacement of persons and or loss of shelter, and or loss of livelihoods and or denial/restriction of access to economic resources.
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Term Definition Resettlement Committee A committee established by Baidoa District Mayor to facilitate compensation of PAPs and other resettlement matters. Vulnerable groups People who may be more likely to be adversely affected by the project impacts and or have limited abilities to take advantage of project benefits as well as participating in the consultation process. Such people include physically and mentally disabled, elderly, widows and children.
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EXECUTIVE SUMMURY The Somali Urban Resilience Project Phase Two (SURP II) builds on the ground work laid down by Somali Urban Investment Planning Project Additional Financing (SUIPP AF) funded by the Multi Partner Fund (MPF), which is managed by the World Bank. SUIPP AF is an extension of SUIPP already undertaken in Mogadishu, Garowe and Hargeisa municipalities,which funded feasibility studies and engineering designs for prioritzed urban investments in Mogadishu, Garowe and Hargeisa municipalities. This wasin addition to institutional assessments for these three municipalities as well as the Federal Ministry of Public Works and the Hargeisa Water Authority.
In order to address urban infrastructure needs and strengthen municipal capacities for Baidoa and Kismayo, SUIPP AF financed feasibility studies and engineering designs for priority urban infrastructures and institutional assessments for these two municipalities. SUIPP AF also set up Project Implementation Units (PIUs) for Baidoa and Kismayo municipalites and built their capacities in fiduiciary and safeguards management as well as project monitoring and evaluation.
In Baidoa, SUIPP AF financed feasibilty studies and engineering designs for 21.2 km of eight (8)roads in preparation for the SURP II, which is an infrastructure and governance development project aimed at improving public access to socio-economic infrastructure, providing capacity building support to minicipalities, strengthening different levels of government systems and creating job and business opportunities for the local communities.
On account of the available resources, four roads with a total length of 12.8 km will be rehabilitated under SURP II in Baidoa. These four roads were given priority based on their social and economic significance. These roads are: (a) Hospital Road (3.2 km), (b) 30-ka road1 (3.2 km), (c) Ali Amhar Road (2.5 km), and (d) Hanano Road (the longest road, at 3.9 km).
This RAP was prepared to identify project affected persons (PAPs) and their affected assets along the roads proposed for rehabilitation. The RAP also seeks to address the social and economic impacts that may arise as well as lay down a plan to reach a settlement with the identified PAPs before construction begins to upgrade the four roads to paved standards.
The cut-off date for census of PAPs and their assets that may be affected by the project was announced by Baidoa District Mayor as November 27, 2019 on South-West State TV. All PAPs were notified of the census date besides the declaration of the date on TV. The public were also notified about the census through posters put on prominent locations on all the roads that have been proposed for rehabilitation. The census of PAPs and their affected assets started on 29 November 2019 and was completed on December 11, 2019. Members of the public were notified that anyone encroaching on the right of way of the proposed roads after the cut-off date will not be eligible for compensation or assistance.
1 Pronounced as the “Sodonka” Road
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Before the proposed roads for rehabilitation were selected, the public and interested stakeholders were consulted and their concerns and suggestions were taken into account. Feasibilities studies were undertaken so all possible efforts were made to select roads and adopt designs that will most minimize social and environmental impacts. However, despite these efforts, there are some permanent and temporary structures that are partially encroached on the right of way and which need to be removed and or pushed back. This will result in PAPs losing land and structures and their livelihoods temporarily interrupted. However, the overall social, economic and environmental benefits of the rehabilitation of the eight main roads in Baidoa far outweigh than project’s minimal adverse impacts.
PAPs eligibility for compensation was determined with the guidance of RPF with the entitlement matrix and World Bank’s Environmental and Social Standard 5 (“Land Acquisition, Restrictions on Land Use and Involuntary Resettlement”) requirements.2A total of 29 households and properties (in total 178 project-affected persons) have been identified who will likely be affected by the construction work on the four roads (see Table 3). Great care was taken when assets valuation was undertaken. For land valuation, independent land valuers were consulted to value land at current market price and the average of their estimations was taken into account. The valuations of affected structures was conducted with the assistance of PIU Project Engineer. There are 14 properties on Hanano Road whose land to be acquired 1–4 m to make way for the required road width. The land to be acquired was valued at a total of $20,528.50. A total of 22 structures are to be demolished and reconstructed. These structures are mix of both masonry and iron sheet walls, kiosks, cafe, septic tanks, toilet, veranda and platforms. Compensation for loss of these 22 structures was valued at $26,577. Vulnerable groups of PAPs have been identified and will be provided with additional assistance.
Public consultations have been important part since the initial phase of this project (beginning in early 2019) where community groups, government and non-government organizations, IDPs, returnees and other interested parties were consulted for the preparation of safeguards instruments including this RAP and their views taken into account.
For the finalization this RAP, PAPs were consulted on April 2–5, 2020 at their local sub-district administration offices/halls. Issues discussed include SUIPP AF progress and SURP II general benefits. It was also discussed PAPs on the right of way, compensation and GRM. The final RAP and the Somali translation will be disclosed.
Grievance Redress and Resettlement Committees as well as BM leadership were also consulted on April 6–8, 2020. Issues dominated in the consultations were WB safeguards policies and requirements, compensation of PAPs as well as GRM.
2 More details about ESS5 is available at http://pubdocs.worldbank.org/en/837721522762050108/Environmental- and-Social-Framework.pdf#page=67&zoom=80
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Grievances can arise during project preparation and implementation through the grievance uptake channels presented in this RAP. Grievance Redress Committee (“GRC”) was established by Baidoa Municipality (“BM”). GRC ensures SURP II related complaints are addressed and resolved promptly at anearly stage.
The cost of implementing this RAP was estimated at $55,116.05 for the initial four roads to be rehabilitated under SURP II.
Monitoring and evaluation activities are required to oversee the implementation of this RAP including gender-disaggregated information. An internal and an external RAP monitoring and evaluation will be conducted by Baidoa Municipality PIU and a third-party monitoring agent respectively to ensure all PAPs are satisfactorily compensated according to the Resettlement Action Plan (RAP).
Baidoa Municipality (BM) is the main organization responsible for implementing this RAP. On behalf of BM, the PIU in Baidoa is responsible for the daily management and supervision of overall implementation of SURP II, including the RAP preparation and implementation.
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1 INTRODUCTION
1.1 Project Background The Somali Urban Resilience Project Phase Two (SURP II) builds on the ground work laid down by Somali Urban Investiment Planning Project Additional Financing (SUIPP AF) funded by the German Government through Multi Partner Fund (MPF), which is managed by the World Bank. SUIPP AF is an extension of SUIPP already undertaken in Mogadishu, Garowe and Hargeisa municipalities,which funded feasibility studies and engineering designs for prioritzed urban investments in Mogadishu, Garowe and Hargeisa municipalities. This in addition to institutional assessments for these three municipalities as well as the Federal Ministry of Public Works and Hargeisa Water Authority.
In order to address urban infrastructure needs and strengthen municipal capacities for Baidoa and Kismayo, SUIPP AF financed feasibility studies and engineering designs for priority urban infrastructures and institutional assessments for these two municipalities. SUIPP AF also set up Project Implementation Units (PIUs) for Baidoa and Kismayo municipalites and built their capacities in fiduiciary and safeguards management as well as project monitoring and evaluation.
In Baidoa, SUIPP AF financed feasibilty studies and engineering designs for 21.2 km of eight (8) roads in preparation for SURP II, which is an infrastructure and governance development project aimed at improving public access to socio-economic infrastructure, provide capacity building support to minicipalities, strengthen different levels of government systems and create job and business opportunities for the local communities. SURP II will finance the rehabilitation of four roads with a total length of 12.8 km.
This RAP was prepared to identify project affected persons and their affected assets along the proposed 4 roads for rehabilitation under SURP II, address social and economic impacts that arise as well as lay down a plan to reach a settlement with PAPs before construction begins.
1.2 Project Context Baidoa is the capital city of Bay Region as well as South West State of Federal Republic of Somalia. The city is situatedapproximately 250 km northwest of Mogadishu with an estimated population of 300,000 residents.3Baidoa district administration is headed by a mayor and is in charge of running the day to day affairs of the city and the provision of public services. However social services like health and education are mainly provided by the private sector. The city consists of 10 sub-district administration which all responsible running their local affairs under the direction of the district mayor.
3https://en.wikipedia.org/wiki/List_of_cities_in_Somalia_by_population#cite_note-Sfalr-7 (accessed 14 November 2019)
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Baidoa is emerging from nearly 3 decades of civil unrest with a rapidly growing population, reconstruction and economic activities. The city is an agricultural and economic hub for South West States therefore the rehabilitation of 8 main roads of the city will bring a significant social, economic and environmental benefits.
1.3 Project Description Figure 1: Arial View of Baidoa District Showing Proposed Four Roads under SURP II
Four roads with a total length of 12.8 km are to be rehabilitated under SURP II. These four roads were given priority based on their social and economic significance. Three roads (Hospital rd, 30KA rd and Ali Amhar rd) are within Baidoa main district while Hanano road connects IDPs living on the outskirts to Baidoa city center.
Table 1:Roads Planned for Rehabilitation under SURP II Roads Planned for Rehabilitation Under SURP II Rd Road Name Road Length Road Width Composition (m) Total Road ID (km) Carriageway Drainage Footpath Width (m) 01 Hospital Rd 3.2 7 2 3 12-13 05 30KA Rd 3.2 7 2 3 12-13 06 Ali Amhar Rd 2.5 7 2 3 12-13 07 Hanano Rd 3.9 6 1 3 10-12 –– TOTAL LENGTH 12.8 –– –– –– ––
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1.4 Proposed Roads for Rehabilitation Area Description Hospital Road Hospital Road is 3.2 km in length, it is located in the surburb of Wadajir. This road starts from Isha Baydhaba(Baidoa Spring) where Ali Amhar and Baidoa roads meet. But the section between Isha Baydhaba and Baidoa main hospital was blocked by African Union Mission in Somalia (AMISOM) for security reasons more than 5 years ago, therefore this blockage is not for the purpose of SURP II. Traffic access is restricted at this section of Hospital road and public traffic access starts at Baidoa main hospital. As the name suggests Baidoa’s main and oldest hospital is located along this road. Hospital road goes through mainly residential area and IDP heavily populated areas. There are pockets of vacant land along this road. The main business and livelihood activities include shops, warehouses, garage, grain mill, blacksmith. Along Hospital road there are also a few market areas and public vehicle terminal where transit vehicles mainly vans travelling to nearby rural towns operate from. Hospital road connects Baidoa city to southern rural agricultural towns.
Figure 2: Blocked Section of Hospital Rd and its Alternative Route
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Figure 3: Various Sections of Hospital Road
Various Sections of Hospital Road
30KA Road 30KA road is 3.2 km in length, this road goes through the surburbs of Salaamey, Horseed and Ideeda. it starts from Baidoa rd and ends at Ali Amhar rd. 30KA road is gravel and was constructed in the 1980s to act as bypass route for heavy transit trucks to and from other main urban cities. The collapse of Somali military government and subsequent civil war had not affected much this pupose. Still 30KA road is being frequently used as a bypass route by heavy trucks as shown by Fiqure 4. During heavy rainfall some sections of this road get muddy and only vehicles with 4WD capabilities can pass through. This road goes through mainly residental area with pockets of vacant land. Two areas where IDPs reside were noted during an assesment of this road. 30KA road has a bridge and crosses Baidoa main stream. Main business activities a long this road include shops, fast food outlets, fruit shops, tyre repair services, street vendors, schools, and health clinics. Three wells, water supply facility and few farms were also noted.
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Fiqure 4: Various Sections of 30KA Road
Various Sections of 30KA Road
Ali Amhar Road Ali Amhar Road is a 2.5km long, it starts from juntion of 30KA road and ends at Isha Baydhabo at the junction of both Baidoa and Hospital roads. This is a heavily worn out bitumen road with many potholes. It goes through the surburbs of Salaamey and Hawlwadaag. The road goes through mixed areas of residential, commercial, several education instituitions including a university and various government buildings such as Baidoa main prison, Baidoa municipality headquater, Baidoa court as well as former italian-built church, now used as a mosque. There is a busy public transport terminus on Ali Amhar road, used by vans transporting people and goods to and from Baidoa. This road connects Baidoa to northern rural towns and villages. Main livelihood activities include street vendors selling fruits, sweets, minishops, tea and snacks shops, shoe shiners, car washing bays, restaurants, and garages. A police post and pockets of vacant land were noted.
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Fiqure 5: Various Sections of Ali Amhar Road
Various Sections of Ali Amhar Road
Hanano Road Hanano Road is 3.9 km long, it starts from 30KA road and ends at IDP camps. Hanano road goes through the suburbs of Horseed and Waaberi, mainly residential zone with high IDPs population. Main livelihood activities noted along this road are three-wheeler taxis also known as as Bajaaj, small shops. There is a children graveyard partially within road reserve and a communal garveyard closeby but this is not in the road reserve. A primary school, new university and a police post were noted as other existing land uses along the road corridor. Hanano road connects IDPs camps to Baidoa city.
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Figure 6: Various Sections of Hanano Road
Various Sections of Hanano Road
1.5 Cut-off Date The cut-off date for census of PAPs and their assets to be affected by the project was announced by Baidoa District Mayor as November 27 2019, following an announcement on South-West State TV. All PAPs were notified of the census date besides the declaration of the date on TV. The public were also notified about the census through posters put on prominent locations on all the 8 roads that proposed for rehabilitation. The census of PAPs and their affected assets started on 29 November 2019 and was completed on 11 December, 2019. Member of the public were further notified that anyone encroaching on the right of way of the proposed roads after the cut- off date will not be eligible for compensation or assistance. There was no displacement or forced eviction of PAPs in the project roads after March 31, 2019.
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1.6 Resettlement Impacts Description Before the proposed eight roads for rehabilitation were selected, the public and interested stakeholders were consulted and their concerns and suggestion were taken into account. Feasibilities studies were undertaken so all possible efforts were made to select roads and designs that will minimize social and environmental impacts. However, despite these efforts, there will be some permanent and temporary structures that are partially encroached on the right of way and which need to be removed and or pushed back. This will result in PAPs losing land and structures and their livelihoods temporarily interrupted. This RAP aims to address project adverse social and economic impacts and put a roadmap for a resettlement that complies with RPF and maximize project net positive impact. Table 2 shows available road width and proposed road width for rehabilitation of the initial four roads.
Table 2: Available Road Width versus Proposed Road Width Road Road Name Available Road Width Proposed Road Width ID (m) for Rehabilitation (m) 01 Hospital Road 13–28 12–13 05 30KA Road 15–29 12–13 06 Ali Amhar Road 10–20 12–13 07 Hanano Road 7–22 10–12
2 RAP OBJECTIVES AND METHODOLOGY The main purpose of this RAP is to lay down a resettlement plan that is accepted by both PAPs and BM, maximize project benefits while mitigating potential negative impacts. This RAP was developed through following procedures and guidelines outlined in the SURP II RPF.
2.1 Objectives • Enhance project positive outcomes and alleviate potential adverse impacts • Identify and characterizeproject affected persons, and determine their eligibility for compensation • Determine and valuate incomes, livelihoods and asset loss as well as the appropriate compensation amounts • Carry out resettlement plan that complies with Somali national laws and World Bank (ESF) policies • To fairly compensate PAPs for losses so that their standards of living is not worse off than pre-project implementation • Establish a functional and timely Grievance Redress Mechanism • Continuous engagement with PAPs, communities and other stakeholder to discuss project benefits and associated adverse impacts
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• Set out institution responsibilities for the implementation of this RAP
2.2 Methodology • Review of project documents and other relevant resources • Scoping of proposed roads for rehabilitation to identify issues that need to be addressed in the RAP • Public consultations: Consultations with BM leadership, sub-district commissioners and various community groups as well as PAPs, Grievance Redress and Resettlement Committees • Census of PAPs and affected assets • Affected asset assessment and valuation
3 PROJECT POTENTIAL IMPACTS The overall social, economic and environmental benefits of the rehabilitation of proposed roads in Baidoa far outweigh than project minimal adverse impacts.
3.1 Positive Outcomes General Positive Outcomes The road rehabilitation works are expected to have a positive effect in the reconstruction, development and economic recovery of the city of Baidoa. Good roads and bridges facilitate the movement of goods and services, which will increase productivity, create jobs, facilitate trading and provide access to basic services for Baidoa’s residents and visitors. Agricultural products such as livestock, fruits and vegetables from the outskirts of the city are able to reach the city’s markets in time, in good condition, and are subject to benefit from lower transport costs. The local light manufacturing and cottage industries will have similar benefits from the quality infrastructure envisaged to be achieved following the reconstruction works on the four selected roads.
The reconstruction and rehabilitation of the proposed roads will also provide temporary jobs for local residents as well as IDPs, urban poor and migrant workers. Consequently, part of their earned wages can be used for funding micro-enterprises. While the women may have limited role in the construction work, however, their small scale trading units will greatly benefit from the rebuilt road infrastructure, through better availability, better quality and lower cost of goods to be sold in the market, in addition to longer night-time trading hours due to the streetlights to be erected under the project. Part of the income derived by family members engaged in the construction works can be used as capital for trading activities. Finally, as more good and services are traded, the BM stands to benefit from increased tax revenues that may be levied and
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collected, which can be used for meeting costs of normal operations and delivery of basic services to the people of Baidoa, in addition to maintaining the newly built roads.
Positive Social and EconomicOutcomes ▪ Improved community access to social services ▪ Reduced travel time as result of reduced traffic congestion ▪ Enhanced community safety and security by having walkways and street lights ▪ Employment opportunities for local communities ▪ Improved business activities and livelihoods ▪ Reduced vehicular maintenance cost ▪ Improved city image and an increase in property values along the rehabilitated roads
Positive Environmental Outcomes ▪ Improved air quality due to reduced air pollution causedby dust, traffic congestion and fuel combustion. ▪ Reduction of traffic hazards and enhanced public safety through improved road conditions ▪ Better pedestrian safety due to the construction of sidewalks, achieved by grade- separating vehicular traffic from foot traffic ▪ Improved road drainage hence reduced road flooding thus reduced roadside erosion and incidence of waterborne diseases such as cholera, diarrhoea, dysentry, typhoid, etc., in addition to removing breeding grounds for malarial parasites.
3.2 Negative Impacts Negative Social and Economic Impacts ▪ A total of 28householdsand properties including a schoolhave been identified, who stand to be negatively affected socially and economically by the proposed construction of the four roads ▪ Land acquisition: There are 14land acquisitions(1–4m), all on Hanano Road to make way for the required road width for road construction ▪ Loss of structures: 21 structures both permanent and temporary are affected ▪ Loss of livelihood/income: A kiosk and a cafe that were operating on two of the roads are displaced ▪ Disputes over resettlement issues ▪ Labour influx ▪ Child labour ▪ Labor disputes ▪ Health and Safety risks to construction workers as well as local communities ▪ Exclusion of vulnerableand disdvantaged members of the community from project benefits
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Table 3: PAPs and a Summary of Affected Assets by Road No. Road Total Households Total PAPs Summary of Affected Assets / PAP Heads 1 Hanano Road 14 81 1 School and 13 Households/Farms (14 (*including one (*including Partial land acquisition, loss of boundary school) one school walls both temporary (iron sheet) and representative) permanent (masonry) and a toilet 2 30KA Road 0 0 N/A 3 Ali Amhar 5 27 4 Households, 1 kiosk (Loss of Road extension structures such as veranda, platforms, iron sheet wall, a septic tank and displacement of a kiosk) 4 Hospital Road 10 70 8 Households, a kiosk and a Cafe (7 (*RL) septic tanks, an iron sheet wall, a cement platform and displacement of a cafe plus a kiosk) – TOTAL: 29 178 – *RL: Road Link to Hospital Road
Negative Environmental Impacts– These are minor, localised and temporary ▪ Modification in the site terrains during earthworks may lead to alteration of site hydrology ▪ Increased levels of air pollution (dust, particulate matter, and emissions of noxious fumes) caused by the operations of construction vehicles and heavy equipment ▪ Increased noise levels due to construction works and operation of vehicles and heavy equipment ▪ Spilled oil and other petroleum products may result in the contamination of surface and subsurface soil biota ▪ Flow of sewer into the road. There are 7 septic tanks located on the footpath areas of Hospital Link road and a septic tank on the footpath area ofAli Amhar road which can collapse if heavy eqipments are placed on top of them resulting sewage to flow onto the road ▪ Leachate from heavy vehicles during construction may infiltrate into the soil and may affect soil and groundwater quality ▪ Generation of campsite and construction wastes: Foul odour, rodent and insect infestation may result from uncollected or improper disposal of garbage, leading to public health issues ▪ Loss of vegetation/trees ▪ Disruption local fauna (birds, insect and reptiles) habitat ▪ Disruption of biodiversity and natural landcape at burrow pit sites ▪ Community Health and Safety risks
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4 SOCIO-ECONOMIC BASELINE OF PAP HOUSEHOLD HEADS Baidoa is the main economic center of South West State of Somalia. The city’s economy depends on trade with country towns and other main cities in Somalia as well as neighboring countries, Kenya and Ethiopia. In the past decade, Baidoa had grown in size and population with a boom in the construction industry. Baidoa residents make their living from engaging in small sized trades, services, crafts, labour and working with government and non-government agencies. According to “Somali Poverty and Vulnerability Assessment” (WB April 2019), Baidoa has the highest poverty level followed by Mogadishu. Baidoa city has the highest proportion of poor households (84 percent), followed by Mogadishu (73 percent), which are both higher than the overall average of 69 percent or the rural average of 72 percent. The census of PAPs taken for the preparation of this RAP provides a glimpse of the socio-economic status of PAPs living along the proposed roads for rehabilitation.
4.1 Gender Out of the 29household heads/respondent interviewed during the census 17 (59%) were male while 12 (41%) were female.
Figure 7: Gender Distribution of Interviewed PAPs Gender Distribution of PAP Respondents
12 41%
17 59% Male Female
4.2 Age The ages of 4 PAPs/respondents are unknown. Only the ages of 25 PAPs could be obtained. The youngest interviewed PAPs were two 19 years old while the oldest was a 90 years old. Most of the interviewed PAPs were within the age range of 31 – 50 years (48%). For full details of the age ranges, refer table 4.
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Table 4: Age Distribution of PAP Household Heads Age Range (years) Occurrence Percentage (%) 20 and below 2 8 21 – 30 4 16 31 – 40 5 20 41 – 50 7 28 51– 60 3 12 61 and above 4 16 Total 25 100
4.3 Marital Status Out of the 29 PAPs surveyed, 20 were married, 3 widowed and 1 divorced while 5 PAPs chose not to reveal their marital status. For more details, see table 5.
Table 5: Marital Status of PAP Household Heads Marital Status Occurrence Percentage (%) Married 20 69 Widowed 3 10.3 Divorced 1 3.4 Single 0 0 No answer 5 17.2 TOTAL: 29 100
4.4 Education Level Majority of PAP household heads/respondents surveyed 48% had no formal education followed by 17% who achieved primary level education. The proportions of head of households/respondents who had secondary and university level education were 11% and 7% respectively, while also 17% of PAPs gave no details about their educational background as demonstrated by Figure 8.
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Figure 8: PAP Household Heads Education Level
Educational Level
5 2 3 17% 7% 11%
5 University 17% Secondary 14 Primary 48% No Formal Education No Answer
4.5 Occupation and Average Monthly Income Occupation The majority of the PAP household heads described themselves as unemployed (about 45 percent, see Table 6). A further 41.4% make their livelihoods by engaging in small businesses such as shop keeping, farming, tea and fruit selling and tailoring. About 7% worked as teachers while the percentage of those who worked as drivers and working for government was 3.4%.
Table 6: Types of Occupation Engaged by PAP Household Heads Occupation Occurrence Percentage (%) Small businesses 12 41.4 Teachers 2 7 Drivers 1 3.4 Government employees 1 3.4 Unemployed 13 44.8 TOTAL: 29 100
Average Monthly Income The majority of PAPs interviewed (63%) reported earning monthly incomes of between $101 and $200. Only5% reported monthly incomes above $400. The proportion of surveyed PAPs who earned $1–$100 and $201–$300 was 21% and 11% respectively as Figure 9 demonstrates.
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Figure 9: PAP Household Heads Average Monthly Income
Average Monthly Income (USD)
70% 63% 60% 50% 40% 30% 21% 20% 11% 10% 5% 0% 0% Income Range Percentage Range Income $1-$100 $101-$200 $201-$300 $301-$400 $401 and above Monthly Income
4.6 Household Size The majority of households surveyed, about 39% had family size of 1–3 inhabitants followed by 21.4% for households with 4–6and 10–12 family size. Few of households about 7% had family size of 13 and above. For more detail, refer table 7.
Table 7: Household Size Profile Household Size Number of Households Percentage (%) 1–3 11 39.3 4–6 6 21.4 7–9 3 10.7 10–12 6 21.4 13 and above 2 7.1 TOTAL: 28 100
5 LEGAL AND INSTITUTIONAL FRAMEWORKS
5.1 Somali National Laws The current supreme law in Somalia is the Provisional Constitution of 2012. The right to own property and the right to compensation is addressed in Sections 1 and 2 of Article 26 which state:
▪ Every person has the right to own, use, enjoy, sell, and transfer property; ▪ The state may compulsorily acquire property only if doing so is in the public interest;
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▪ Any person whose property has been acquired in the name of public interest has the right to just compensation from the State as agreed by the parties or decided by a court.
5.2 South West State Laws The main relevant local legislation is the South West State law (Local Government Legislation – law no. 10). However, this local government legislation does not address land ownership or acquisition. This law mainly deals with responsibilities of local authorities and land administration matters.
Minor land issues/disputes are usually settled by traditional laws known as Xeer law. Unresolved matters are referred to the local Land Committee for arbitration. If not resolved at this stage, then the District Mayor intervenes. Unresolved and major land issues/disputes are normally dealt by the district court whose rulings are binding.
5.3 World Bank ESF Requirement on Resettlement The World Bank’s Environmental and Social Standard ESS5 (Land Acquisition, Restrictions on Land Use and Involuntary Resettlement) is applicable for land matters arising from SURP II. ESS5 acknowledges that project related land acquisition and restrictions on land use can have adverse impact on PAPs, communities and individuals. The World Bank’s Safeguards policies which this RAP is based on include
▪ Avoidance of involuntary resettlement or when avoidance is impossible, minimize involuntary resettlement by finding project design alternatives. ▪ Avoidance of forced eviction ▪ To mitigate unavoidable adverse social and economical impacts from land acquisition or restrictions on land uses by: (a) providing timely compensation for loss of assets at replacement cost. (b) Assisting displaced persons to improve or at least restore their livelihoods and living standards to pre-displacement levels or to the levels prevailing prior to the beginning of project implementation, whichever is higher. ▪ To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services, facilities and security of tenure. ▪ To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project. ▪ To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of project effected persons.
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5.4 Gaps between Legal and Institutional Framework and World Bank Policies This part describes and compares the various Somali national laws with Bank’s environmental and social safeguards policies. Where is deemed the Somali national laws are weak or not addressing on safeguards issues, the Bank Policies are followed. For detailed description, refer table 8.
Table 8: Gaps Between Somali National Laws and WB Safeguards Policies
Item Somali Law/Policy World Bank Requirements Gaps Gap filling measures
Consultation Provisional Constitutions Project Affected Persons Somalia consultation World Bank’s ESS5 of Somalia (Article 43) (PAPs) facing physical or mechanisms appear to guidelines and RAP call for consultations economic displacement prioritize government are to be followed between the Mayor and persons must be agencies, and may not the Planning Committee meaningfully consulted to adequately involve prior to the expropriation express their concerns and project affected persons of private land. discuss ways to minimize impacts on affected communities. PAPs also should have opportunities to participate in planning and implementing resettlement programs Compensation Provisional Constitution World Bank recognizes three Those without legal World Bank’s ESS5 Eligibility of Somalia states that the classes of PAPs eligible for title to land, including guidelines and RAP state may compulsorily compensation: squatters and are to be followed acquire property only if encroachers, face less doing so is in the public 1. Those with formal legal protection under interest. Any person rights to land (including Somali laws and whose property has been customary and traditional policies acquired in the name of rights recognized under the the public interest has the laws of the country) right to just compensation from the State as agreed 2.Those who do not have by the parties or decided formal legal rights to land at by a court (Article 26). the time of census, but have a claim that is recognized Compensation is provided under the laws of the country only for occupants of temporary structures. 3. Those who have no Affected persons are to be recognizable legal right or settled in suitable land and claim to the land they are their eviction and occupying (e.g. squatters, settlement costs be paid encroachers). for by the local government. Types of losses to be compensated include physical and economic displacements and cover land, residential or commercial structures, and lost income caused by temporary or permanent economic displacement Valuation According to Provisional Bank requires full Government methods World Bank’s ESS5 Method Constitution of Somalia replacement cost for all lost may not ensure full guidelines and RAP the affected persons have assets replacement value. are to be followed a right to be compensated as agreed by the parties or
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Item Somali Law/Policy World Bank Requirements Gaps Gap filling measures
decided by a court (Article 26). However, it has no reference how the amount of compensation is determined. Discussion with Land Committee of Baidoa revealed that Community Action Plan prepared by project stakeholders will guide on land valuation. Grievance Somalia laws mention the World Bank policy calls for Law courts may be World Bank’s ESS5 Redress right of the PAP to file project-level grievance cumbersome, costly or guidelines and RAP Mechanism their grievances with law redress mechanism to cover intimidating remedy, are to be followed courts, however, there is resettlement and related especially for those no clear redress compensation matters and with no formal land mechanism operations, phase grievances titles, IDPs, refugees, Records. those unable to read or write and should be used only as last resort. Information No specific requirement World Bank requires Somali law/policy World Bank’s ESS5 Disclosure for disclosure of disclosure by Bank at provides insufficient guidelines and RAP information InfoShop, and simultaneous measures to inform are to be followed public in-country disclosure PAPs by clients’ websites or other readily accessible public disclosure means. Information should be disclosed in language(s) understood by the PAPs and other stakeholders. Compensation Not addressed in Somali Cut-off date to be established Somali law/policy World Bank’s ESS5 Payment laws or policies. at time of census and asset provides insufficient guidelines and RAP Schedule and survey information guidelines are to be followed Cut-off date Compensation to be agreed on or compensation upon with PAPs and schedule and provided prior to taking over establishment of a cut- of assets or relocation. off date Vulnerable Not addressed in Somali The objective of the World Somali law/policy World Bank’s ESS5 Groups Laws Bank ESS5 is to improve provides insufficient guidelines and RAP living conditions of poor or guidelines on are to be followed. vulnerable persons who are vulnerable groups physically displaced, through affected by projects. provision of adequate housing, access to services and facilities and security of tenure.
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6 ELIGIBILITY CRITERIA AND ENTITLEMENTS General criteria for eligible PAPs The RPF outlines that there are three categories of affected persons who are eligible for coverage under ESS5. While people in all three categories are entitled to assistance under ESS5, the nature of assistance may vary. • Category (a): Affected persons who have formal legal rights to land or assets are those who have formal documentation under national law to prove their rights, or are specifically recognized in national law as not requiring documentation. • Category (b): Affected persons who do not have formal rights to land or assets, but who have a recognized or recognizable claim under national law. They may have been using the land for generations without formal documentation under customary or traditional tenure arrangements that are accepted by the community and recognized by national law. • Category (c): Affected persons who have no recognizable legal right or claim to the land or assets they occupy or use are eligible for assistance under ESS5. Affected persons in these groups are not eligible for compensation for land, but are eligible for resettlement and livelihood assistance and compensation for assets. Those who encroach on the project area after the cut-off date are not eligible for compensation/assistance.
During the assessment of PAPs eligibility for compensation, RPF guidance and ESS5 requirements were followed. PAPs who had legal rights to land or their rights for land recognized by the national law were made eligible for compensation for land lost to road widening. All PAPs were eligible for compensation for loss of structures and income. For details of PAPs assets/structure loss and associated compensation, refer Annex 2.
Entitlement Matrix Table below presents the matrix of entitlements for different types of resettlement or loss of incomes or assets that are prepared in the SURP II RPF and applicable to this project.
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Asset Type of Impact Entitled Person Entitlement (s)
No Owner • Compensation in cash at full Displacement: replacement value for affected land Tenant (including • Assistance with finding new Land used for IDPs/Returnees) rental/lease location if temporary or business permanent move necessary. partially • Rent and deposit refund along with affected, limited relocation assistance to cover moving temporary loss costs.
Displacement: Owner • Land for land replacement with land of equivalent size and market potential; or Premise used for compensation in cash at full Commercial business severely replacement value according to PAP’s Land affected, choice. remaining area • Assistance in finding new location. insufficient for Tenant (including • Cash compensation equivalent to 1 continued use IDPs/Returnees) month of net income based on estimates from comparable businesses. • Assistance in finding new rental/lease location. • Relocation assistance including 1- month rental assistance and coverage of moving costs to re-establish the business. • Livelihood restoration assistance if required (assistance with job placement, skills training) No Displacement Owner • Compensation in cash at full replacement value for affected land Land used for Tenant • Assistance with finding new residence rental/lease location if temporary or partially permanent move necessary. affected, and/or • Rent and deposit refund along with limited relocation assistance to cover moving temporary loss, costs. Residential and the Land remaining land remains viable for present use
Displacement: Owner • Land for land replacement with land of equivalent size and market potential; or Premise used for compensation for full replacement residence value in cash according to PAP’s severely affected, choice. SURP II, FINAL RAP – BAIDOA MUNICIPALITY Page | 30 remaining area • Assistance with finding new land.
insufficient for Tenant • Rent for two months and deposit refund continued use or along with relocation assistance to becomes smaller cover moving cost. than minimally • Assistance with finding new accepted under rental/lease location. zoning law/s. Informal dwellers • No compensation for land (see below (including compensation/assistance for affected IDPs/Returnees) buildings and structures of informal dwellers) • Assistance with finding new rental/lease locations. • Relocation assistance to cover moving cost. No Owner • Like for like replacement or cash Displacement: compensation for affected structure per PAP’s choice. Structure • Restitution work or cash assistance to partially cover cost of restoration of the affected, but the remaining structure per PAP’s choice. remaining Tenant • Cash compensation for affected assets premise remains (any verifiable improvement to the viable for property) and disturbance continued use compensation equivalent to 1 month’s rent.
Displacement Owner • Cash compensation at full replacement cost for the entire structure and other Entire structure fixed assets without depreciation, or affected construction/provision of alternative structure which is acceptable to the Buildings OR and PAP. Structures Structure • Right to salvage material without partially affected deduction from compensation. but the • Relocation assistance to cover moving remaining cost structure is not Tenant • Cash compensation for any verifiable suitable for improvement to the property, rent and continued use deposit refund. • Relocation assistance to cover moving cost • Right to salvage material without deduction from compensation. Street vendors • Cash compensation equivalent to 1 month of net income based on estimates from comparable businesses. • Right to salvage material without deduction from compensation. • Relocation assistance to cover moving cost.
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Informal dwellers • Provide arrangements to allow them to (including obtain adequate housing with security IDPs/Returnees) of tenure. • Where these displaced persons own structures, compensation for the loss of assets other than land, such as dwellings and other improvements to the land, at replacement cost. • Based on consultation with such displaced persons, relocation assistance in lieu of compensation for land sufficient for them to restore their standard of living at an adequate alternative site will be provided. Trees Cut/uprooted All PAPs • Cash compensation for full (loss of timber or replacement market value of the fruit) produce of one tree for two years, assistance in establishing replacement trees Standing Crops affected All PAPs • Cash compensation equivalent to crops by land average of last 3 years of market value acquisition or for the mature and harvested crops temporary acquisition or easement
Business Loss of Access All PAPs • Cash compensation equivalent to 50% of net monthly income based on estimates from comparable businesses for length of time access is lost (temporary loss of access) or up to three months’ income (permanent loss of access). • Assistance to help find alternative temporary or permanent locations to re- establish business. • Right to salvage material without deduction from compensation. • Livelihood restoration assistance if required (assistance with job placement, skills training). Community Temporary loss All PAPs • Cash compensation to cover up to one building of access month public transportation cost to the nearest same facility in the town/city. Displacement Owner • Like for like structure replacement or cash compensation at full replacement cost for the entire structure and other fixed assets without depreciation, or alternative structure which is acceptable to the PAP.
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• Right to salvage material without deduction from compensation • Relocation assistance to cover moving cost. • Assistance with finding new location Tenant • Cash compensation at full replacement cost for any verifiable improvement to the property. • Rent and deposit refund. • Relocation assistance to cover moving cost • Assistance with finding new location
Vulnerable Any of above May include: Any of the following measures if needed: Groups impacts •Widows/Female • Additional assistance for finding headed replacement land, housing, places of households; business and for moving (temporarily or permanently) •Single women • Additional assistance for new land to dependent on be cleared or structures to be built sons, brothers, • Additional livelihood restoration or others for support support; • Psychosocial counseling to adjust to •Elderly; physical or economic displacement
•Persons with disabilities;
•Persons living with HIV/AIDS or other debilitating illnesses;
•Internally displaced persons (IDPs), refugees or returnees, living by themselves as a group or with host families;
•Orphans and/or street children;
•Socially or economically marginalized
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groups
7 ASSET VALUATIONS AND COMPENSATION A great care was taken when assets valuation was undertaken. For land valuation, independent land valuers were consulted to value land at current market price and the average of their estimation was taken into account. Furthermore, community leaders who have knowledge of land values of all areas of Baidoa city were randomly asked about current land prices. As for the valuations of affected structures was conducted with the assistance of PIU Project Engineer.
7.1 Loss of Land There are 14properties whose land to be acquired 1–4 m to make way for the proposed roads for rehabilitation. All of these 14 properties are located at Hanano road. Land ownership was verified and confirmed with the help of local Section Leader and neighbors during the census of PAPs and their affected assets. The land to be acquired was valued at current market price at a total of $20,528.50.
7.2 Loss of Structure A total of 22 structures are to be demolished and reconstructed. These structures are mix of 7 walls both temporary (iron sheet) and permanent(masonry), two kiosks, a cafe, 8 septic tanks, a toilet, as well as 1 veranda and 2 platforms as shown by table 9. Compensation for loss of these 22 structures was valued at $26,577.
Also, there are three government structures that will be affected. Two structures at Ali Amhar road, the Baidoa main prison (2–3m hesco barrier) and former post office building (2m extension platform), as well as the Ministry of Transport building (4m hesco barrier) at Hospital road link.BM leadership was consulted that it is necessary to temporarily remove these mobile government structures in the right of way to allow road construction to begin. BM had assured that it will engage with relevant State government agencies to resolve these issues before road construction starts.
Table 9:Types and Number of PAP Assets Affected Types of Assets/Structures Number of Extent of Affect (m) to Clear for Affected Assets/Structures Required Road Width Land (including a primary school) 14 1– 4 m Walls permanent (masonry) 4 1–3 m Walls temporary (iron sheet) 3 0.5–3 m Kiosk 2 To relocate Cafe 1 To relocate Septic tanks 8 1.5–2.5 m Toilet 1 To be removed
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Other Structures (extension 1 3 1–2.8 m veranda and 2 platforms) TOTAL 36 –
7.3 Loss of Livelihood Two kiosks and a cafe located at Ali Amhar road and Hospital road link will be temporarily displaced and need relocation to alternative sites which are agreeable by these PAPs (the possibility of reopening such businesses after the completion of road construction will be determined through consultations with BM). BM will compensate the proprietors of these three businesses for loss of income for one month based on their average monthly income from these three businesses and provide them with alternative sites to conduct their businesses as well as assisting them with the cost of relocation to their original sites after road works completed at their former sites. Should civil works take more than one month on road sections where these PAPs were displaced, BM should provide additional assistance accordingly. Furthermore, as part of livelihood restoration measures, the above three PAPs will be prioritized for employment opportunities when road construction begins.
The livelihood of health clinics on 30KA road will be unlikely impacted by road works. While the width of 30KA road where these businesses are located is 25m-30m wide, these businesses are 7m-9m away from road construction sites. Therefore access to the health clinics will not be restricted. Also most of the health clinics operate in the evenings or late afternoons as most of operators of these clinics work at other health centers during the day. Hence their livelihood from these clinics will be unlikely to be affected by construction of 30KA road.
7.4 Vulnerable Groups Disadvantage/Vulnerable groups need special consideration and assistance as stated in the RPF. All possible measures should be taken to avoid displacing vulnerable groups both physically and economically. The census of PAPs has identified vulnerable groups who need consideration and support from BM. Among the PAPs are 2 elderly men, three widows whom one of them cares for five orphans. All identified vulnerable groups are from Hanano road. More details on table 10. Table 10: Identified Vulnerable Groups Vulnerable groups Description Number Elderly 1. 70 years old male, hearing impaired, divorced 2 with 4 young children and no income. 2. 90 years old male, blind on one eye with no income Widows and 1. 70 years old widow, unemployed 8 Orphans 2. 47 years old widow, unemployed 3. 32 years old widow caring for 5 orphans – Total: 10
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8 PUBLIC CONSULTATIONS AND PARTICIPATION Public consultations have been important part since the initial phase of this project (beginning in early 2019) where community groups, government and non-government organizations, IDPs, returnees and other interested parties were consulted and their views taken into account. Public consultations have continued to update stakeholders about project progress until the preparations ofsafeguards instruments such as the ESMP and this RAP. Stakeholder engagement will be an integral part of the implementation and monitoring of SURP II and will continue throughout the project life time. The final RAP will be publicly disclosed with Somali translation and then post copies of the translated information on prominent locations at Baidoa Municipality headquarters. PAPs will be individually contacted to inform them of the final RAP, including the compensation and assistance and the GRM for potential grievances.
8.1 Consultation with Baidoa Municipality Leadership The new Baidoa Dictrict Mayor was briefed and consulted about SURP II on 11 October 2019. The Mayor welcomed SURP II and he expressed his administratation will fully support the implementation of the urban road rehabilitation projects. The Mayor was informed about the preparation and purpose of safeguards documents such as the ESMP and this RAP. Issues raised and discussed during this meeting include, Bank environmental and social safeguard policies and PAPs compensation issues.
Again, Baidoa Municipality Leadership was consulted on April 8,2020 at the mayor’s Office. The mayor and his deputy were briefed about the outcomes of PAPs, GRC and RC consultations and the need to implement the RAP, reach out a resettlement deal with the PAPs and that forced eviction of PAPs is not allowed. BM leaders have assured that all measures will be taken to safeguard PAPs and assist those who in need. It was also discussed about three government structures on the right of way (Hesco barrier at Baidoa Main Prison, former post office platform on Ali Amhar road and a Hesco barrier at the Ministry of Transport on Hospital connection road and the need to resolve this matter before construction begins. BM assured it will work with the relevant government agencies for these structures to be removed on time. BM leadership had indicated they will heed the WB environmental and social safeguard requirements. BM will work with the Resettlement Committee to resolve all resettlement matters in compliance with this Resettlement Action Plan (RAP).
8.2 Consultation with Sub-District Administration The heads of Sub-District Administration as well as the Deputy Commissioner for Social Affairs from Baidoa municipality were consulted on 23 October 2019 at Wegera Conference Hall.
At this meeting Safeguards Specialist welcomed and thanked the audience for their participation. Then briefed on upcoming SURP II, its backround, aim and benefits. Issues discussed include the preparation of this RAP and ESMP, WB Environmantal and Social Safeguards requirements and PAPs compensation. It was amphsised that PAPs to be
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compensated before civil work can commence, also all negative environmental and social impacts should be mitigated for SURP II to proceed.
Figure 10: Consultation with Sub-district Administration Sub-District Administration
8.3 Consultation with Community Groups A consultation meeting with various community groups was held on 18 November, 2019 at Wegera Conference Hall. Attendees included municipal authorities, community leaders, women groups, youth, civil society organizations, IDPs, Returnees and other stakeholders. At the beginning of the meeting, the Deputy Commissioner for Social Affairs of BM welcomed attendants and thanked for their participation. Attendees then were briefed by the Environemental and Social Safeguards about SURP II, its background, aims as well as it’s social and environmental benefits.
The Community groups were also updated about SUIPP AF progress and upcoming civil work commencement. The community groups were given the oppurtunity to involve in the planning process, put forward their suggestions, ideas, feedback and ask questions. Members of the community groups expressed their concerns that it is taking too long for the road construction to start. Concerned community members were assuered that preparation works are ongoing and when completed, road construction can start. The community groups were also informed that BM will do its best to minimise all negative environmental and social impacts of the
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constrcution project. All affected PAPs, BM to resettle their issues wether loss of structures or livelihood. PAPs who lost land to road construction or livelihood to be compensated by BM withalternative land to conduct their livelihood or provided with employment and training opportutities in road construction project.
Figure 11: Consultation with Community Groups Community Groups
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8.4 Consultation with Project Affected Persons (PAPs) Due to measures to prevent and minimize the risk of COVID-19 transmission and spread, project affected persons were consulted in small groups (road basis) on 2 – 5 April, 2020 at their local sub-district administration offices/halls. PAPs who were unable to attend, they were consulted either by phone or in person at their homes or workplaces. Few PAPs were temporarily away and could not be reached for consultation but it was asked local sections leaders to pass on the discussed issues to those absent PAPs.
PAPs on Ali Amhar road were consulted on April 2, 2020 at Salamey Sub-district Administration office, followed by PAPs on Hospital connection road on 4 April 2020 at Isha Sub-dictrict Administration hall and lastly the PAPs on Hanano road on 5 April at Horseed Sub- district administration office. All PAPs were updated about SUIPP AF progress and upcoming SURP II civil works. PAPs were also briefed about the census outcome.
Issues discussed include SURP II benefits (social, economic and environmental), structures/assets on the right of way and the need to clear the right of way by PAPs after reaching a resettlement with BM for loss of livelihood, structures and land. PAPs were informed that a Resettlement Committee was established by the district mayor to facilitate and oversee resettlement matters. PAPs were also informed that a GRC was established and the GRM process.
Overall all PAPs consulted have welcomed road construction project (SURP II) and expressed their willingness to cooperate with BM on resettlement matters. Generally PAPs have requested from WB and BM to ensure quality roads are built for the community. PAPs were given the chance to express their views and concerns, ask questions. Some PAPs expressed concerns that they would not afford to rebuild lost structures or could loss livelihood. They were assured that BM will compensate and support them.
Figure 12: Consultation with PAPs (Ali Amhar Road)
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PAPs Consultation – Ali Amhar Road
Figure 13: Consultation with PAPs (Hospital Road Link Route) PAPs Consultation – Hospital Road Link Route
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Figure 14: Consultation with PAPs (Hanano Road) PAPs Consultation – Hanano Road
8.5 Consultation with Grievance Redress Committee (GRC) A consultation workshop for GRC was held on April 6, 2020 at Wegera Conference Hall. Environmental and Social Safeguards welcomed and thanked the participants. Then briefly updated the GRC on SUIPP AF progress and preparations for SURP II. The Safeguards then explained GRC duties in terms resolving community/individual member grievances that relates to SURP II such as matters relating to resettlement on land acquisition, loss of livelihood and
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structures. It was explained to the GRC about the GRM hierarchy, process and timeline as well as grievance channels. It was also explained to the GRC about the Bank environmental and social safeguards policies and the need to provide a free, fast and fair grievance resolution. GRC provides a local resolution to local grievances.
Figure 15: Consultation with Grievance Redress Committee Consultation with Grievance Redress Committee
8.6 Consultation with Resettlement Committee (RC) The RC was consulted on April 7, 2020 at the office of Baidoa district mayor. Deputy mayor of BM welcomed the RC and thanked for their acceptance of the appointed tasks and their continuous voluntary work for the residents of Baidoa. Then Safeguards Specialist briefed the RC members on SUIPP AF progress and upcoming SURP II civil works and general benefits of the project. The RC was briefed about the findings of the census of PAPs and their affected assets as well as their socio-economic status. It was explained the need to compensate PAPs by BM before clearance of ROW can start. If a PAP is not satisfied with a resettlement deal by BM, he/she can lodge his/her grievance to GRC who will review the matter and negotiate a resettlement that is acceptable by both parties. It was also explained the Bank’s safeguards requirements and the implementation of this RAP.
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Figure 16: Consultation with the Resettlement Committee Consultation with Resettlement Committee
9 GRIEVANCE REDRESS MECHANISM Grievances can arise during project preparation and implementation. Grievance Redress Committee was established by the Deputy Commissioner for Social Affairs of BM. GRC ensures complaints brought forward by construction workers regarding work conditions and other alledged forms of mistreatment as well as complaints made by host communities are addressed promptly at early stage. GRC purpose is to provide fair, free and fast dispute resolution which is an alternative to taking dispute matters to courts of law that are expensive, lengthy and stressful. Also the Mayor of BM has appointed a Resettlement Committee who will engage with PAPs for matters relating to compensation such as land acquisition, loss of structures and livelihood. If a PAP not satisfied with a resettlement deal/compensation offered by BM, he/she can lodge a grievance to the GRC who will then assess the claims brought forward and take measures to resolve the issue/s.For details of GRM process and timeline, refer Annex 4.
Any comments and grievances regarding SURP II in Baidoa can be submitted through different ways which may include in person, by phone, text message, mail or email, including the following channels. Anonymous grievances may be raised and must be addressed:
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Physical address Office of Deputy Commissioner for Social Affairs – Baidoa Municipality Email address [email protected] Phone Number For security reasons and to avoid hoax complains made by phone, BM recommends grievances to be lodged at above mentioned office in person or grievances to be sent by email.
10 ORGANIZATIONAL RESPONSIBILITIES Baidoa Municipality (BM) is the main organization responsible for implementing this RAP. BM also is in charge of reaching a settlement deal with PAPs by paying compensation for land acquisition, loss of structures and livelihood. Furthermore, BM is responsible for assisting vulnerable groups identified during census of PAPs. On behalf of BM, the PIU in Baidoa is responsible for the management and supervision of overall implementation of SURP II, including construction work by the contractor. The BM will require support from the consultants in the PIU in specific technical areas, as they are unlikely to have sufficient expertise to manage SURP II. The PIU has five (5) national consultants with expertise in project management and coordination, financial management, procurement, engineering, environmental/social safeguards, monitoring and evaluation, among others. This includes the preparation and implementation of the RAP, including the management of compensation payment.
The established Resettlement committee facilitates that BM and PAPs both reach a settlement that both parties agree upon. If a PAP is dissatisfied with the compensation kind or amount offered by BM then he/she can file a complaint to the GRC who will then review the case to check if the type and amount of compensation offered was reasonable and notify their finding to BM and concerned PAP. Both Resettlement and Grievance Redress committees will carry out their duties under the guidance of PIU in line with relevant national laws and World Bank safeguards policies.
11 IMPLEMENTION SCHEDULE Table 11: RAP Implementation Schedule No. Description of planned activity Responsible Timeline Institution 1 Public consultations BM November 2019 2 Census of PAPs and assets BM Nov-Dec 2019 3 Consultation with PAPs BM April 2020 4 RAP clearance and disclosure BM June/July 2020 5 Start of the functioning of GRM BM July 2020 6 Preparation and signing agreements BM July 2020 for compensation 7 Compensation payments BM July/August 2020
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8 Notification, removalof asset in BM July/August 2020 ROW 9 Removal of assets in the ROW BM August/September 2020 10 Start of Asset reconstruction BM August/September 2020 11 Start of civil work of road BM August/September construction 2020 (TBC), following the completion of compensation payment and assistance 12 Monitor RAP implementation BM Ongoing
12 RAP BUDGET ESTIMATION Baidoa Municipality will bear the cost of compensation and assistance as indicated in the table below. Table 12: Compensation Budget Estimate for proposed roads under SURP II. COMPONENT DESCRIPTION COMPENSATION AMOUNT (USD) for Proposed Roads – SURP II Loss of Income plus relocation cost $600 Loss of Structures $26,577 Loss of Land $20,528.50 Other Assistance $600 1. Two disabled elderly, $100 each 2. Two widows, $100 each and $200 for a widow with orphans Monitoring $1,800 Sub Total $50,105.50 Contingency (10%) $5,010.55 TOTAL $55,116.05
13 MONITORING AND EVALUATION Monitoring and evaluation is required to oversee the implementation of this RAP. An internal and an external RAP monitoring and evaluation will be conducted to ensure all PAPs are satisfactorily compensated according to the Resettlement Action Plan (RAP). The indicators presented in this Section will be monitored and reported with gender-disaggregated information.
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13.1 Internal Monitoring Internal monitoring will be carried out by the PIU M&E Specialist to measure RAP implementation progress. The M&E Specialist will be writing monthly report on overall project impact to monitor. The PIU will prepare the quarterly report and submit to the Bank, which includes the outcome of the RAP implementation.
▪ Holding adequate community consultations ▪ Preparation and implementation of RAP ▪ Inclusion of all PAPs and affected assets into the census ▪ PAPs engagement, compensation payment and livelihood restoration measures ▪ Number of PAPs employed by the project ▪ Grievance Redress – PAPs grievances are recorded and addressed
13.2 External Monitoring BM will be working with external M&E authorized by the WB to carry out audits and monitoring on regular basis during project implementation. The external M&E duties will include
▪ Review RAP implementation and make recommendation on matters that need to be addressed ▪ May interview PAPs for verification purpose ▪ Review internal M&E record and methodology and make recommendations ▪ Follow progress towards the fulfilment of important remedial actions arising from internal monitoring ▪ Report the findings of external monitoring and audit on timeframe that agreed upon
14 CONCLUSION The rehabilitation of main roads in Baidoa is part of a nation-wide urban resilience project aimed at developing urban roads to improve public access to social facilities and services, provide capacity building support to government institutions particularly municipal governments as well as creating employment and business opportunities for the local communities.
Baidoa local communities have welcomed the rehabilitation of proposed roads. However, the constructions of these roads pose limited social, economic and environmental negative impacts therefore this RAP was developed to mitigate potential negative social and economic impacts that can arise by SURP II implementation. Generally, the social, economic and environmental benefits of SURP II far outweigh its minor negative impacts.
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15 REFERENCES Environmental and Social Management Framework (ESMF), SURP II Project Appraisal Document (PAD), SUIPP AF Resettlement Policy Framework (RPF), SURP II
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