RP1259 v5

Public Disclosure Authorized GHANA WATER COMPANY

LIMITED

(Urban Water Project)

Public Disclosure Authorized Assessment of Resettlement Related Issues on the SYIP in Area 3

VOLTA REGION CENTRAL REGION

Public Disclosure Authorized NORTHERN REGION UPPER WEST REGION

PHASE 2 (VOLTA REGION)

Public Disclosure Authorized RESETTLEMENT ACTION PLAN REVISED

SAL Consult Limited, P O Box GP20200, Accra August 15, 2011 SAL Consult Ltd GWCL/PMU

TABLE OF CONTENTS TABLE OF CONTENTS...... I

LIST OF FIGURES...... III

LIST OF TABLES ...... III

ABBREVIATIONS AND ACRONYMS ...... III

EXECUTIVE SUMMARY...... V

1 DESCRIPTION OF THE AREA 3 PROJECTS ...... 1

1.1 PROJECT LOCATIONS AND SYSTEMS ...... 1 2 DESCRIPTION OF THE VOLTA REGION PROJECT AND IMPACTS ...... 4

2.1 KEY PROJECT COMPONENTS AND BENEFICIARY COMMUNITIES ...... 4 2.2 PROJECT IMPACTS ...... 4 2.3 SUMMARY OF IMPACTS ...... 5 2.4 MINIMISATION OF IMPACTS ...... 6 3 OBJECTIVE OF THE RESETTLEMENT/COMPENSATION PROGRAMME ...... 7

4 CENSUS AND SOCIO-ECONOMIC CONDITIONS...... 8

4.1 IDENTIFICATION OF PAP S AND AFFECTED PROPERTIES ...... 8 4.2 SOCIO -ECONOMIC CONDITIONS OF PROJECT DISTRICTS /T OWNS ...... 8 4.2.1 Data Sources...... 8 4.2.2 Kpando District /Kpando, Sovie, Anfoega ...... 9 4.2.3 Nkonya Ahenkro and Peki...... 11 4.3 SOCIO -ECONOMIC CONDITION OF PAP S ...... 11 5 LEGAL AND INSTITUTIONAL FRAMEWORK...... 14

5.1 RELEVANT NATIONAL LEGISLATIVE FRAMEWORK ...... 14 5.1.1 The Constitution of Ghana and the Protection of Individual Property...... 14 5.1.2 The State Lands Act, 1962...... 14 5.1.3 The Lands (Statutory Wayleaves) Act, 1963 ...... 15 5.1.4 The Lands Commission Act 2008, Act 767...... 15 5.2 INSTITUTIONAL FRAMEWORK ...... 16 5.2.1 Public and Vested Lands Management Division of the Lands Commission ...... 16 5.2.2 Land Valuation Division (LVD)...... 16 5.2.3 Land Registration Division of the Lands Commission...... 17 5.2.4 Survey and Mapping Division of the Lands Commission...... 17 5.2.5 Environmental Protection Agency (EPA)...... 17 5.2.6 District/Municipal Assemblies and Town & Country Planning Department ...... 18 5.2.7 Town & Country Planning Department...... 18 5.3 WORLD BANK SAFEGUARD POLICY ON INVOLUNTARY RESETTLEMENT ...... 18

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page i August 2011. SAL Consult Ltd GWCL/PMU

5.4 GAPS BETWEEN GHANAIAN REGULATIONS AND WORLD BANK POLICIES ...... 19 5.5 PROJECT MEASURES TO ENSURE COMPLIANCE WITH WORLD BANK POLICY ...... 20 6 ELIGIBILITY AND ENTITLEMENTS...... 21

7 VALUATION AND COMPENSATION...... 22

7.1 VALUATION OF ASSETS ...... 22 7.1.1 Basis of Valuation ...... 22 7.1.2 Valuation Method and Rates...... 22 7.2 COMPENSATION DESCRIPTION ...... 23 7.2.1 Compensation for affected Land...... 23 7.2.2 Compensation for affected Crops ...... 23 7.2.3 Compensation for affected structures to be demolished or relocated...... 24 7.3 VALUATION AND COMPENSATION OPINION ...... 24 7.4 CUT - O FF DATES ...... 25 7.5 COMPENSATION PAYMENT PROCEDURE ...... 25 8 CONSULTATIONS AND DISCLOSURE...... 26

8.1 CONSULTATIONS WITH PAP S AND OTHER STAKEHOLDERS ...... 26 8.1.1 Concerns of PAPs and other stakeholders...... 26 8.2 DISCLOSURE ...... 28 8.2.1 What has been done...... 28 8.2.2 What needs to be done...... 28 9 ORGANISATIONAL RESPONSIBILITIES ...... 30

9.1 KEY INSTITUTIONS ...... 30 9.2 RAP M ANAGEMENT TEAM ...... 30 10 GRIEVANCE MANAGEMENT...... 33

10.1 OBJECTIVE ...... 33 10.2 THE GRIEVANCE REDRESS PROCESS ...... 33 10.2.1 Receipts of complaints...... 33 10.2.2 Determining and implementing the redress action...... 33 10.2.3 Verifying the redress action...... 33 10.2.4 Dissatisfaction and Alternative Actions...... 34 11 MONITORING AND EVALUATION ...... 35

11.1 INTERNAL MONITORING AND EVALUATION ...... 35 11.1.1 Purpose and Responsibility...... 35 11.1.2 Methodology and Procedure...... 35 11.1.3 Reporting...... 36 11.2 COMPLETION AUDIT ...... 36 12 IMPLEMENTATION SCHEDULE ...... 37

13 COST AND BUDGET...... 38

13.1 RAP B UDGET ...... 38

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page ii August 2011. SAL Consult Ltd GWCL/PMU

13.2 SOURCE OF FUNDING ...... 38 ANNEXES ...... 39

LIST OF FIGURES FIGURE 1 LOCATION MAP OF PROJECT SITES ...... 2 FIGURE 2 ORGANISATIONAL CHART FOR RAP I MPLEMENTATION ...... 31

LIST OF TABLES TABLE 1 PROJECT AREAS AND SYSTEMS ...... 3 TABLE 2 KEY PROJECT TOWNS AND THEIR NEIGHBOURING BENEFICIARY COMMUNITIES...... 4 TABLE 3 LAND ACQUISITION REQUIREMENTS AND COMPENSATION ISSUES ...... 4 TABLE 4 SUMMARY OF PROJECT IMPACTS ...... 5 TABLE 5 INCOME LEVELS ...... 12 TABLE 6 COMPARISON OF GHANAIAN REGULATIONS WITH WORLD BANK POLICIES ...... 19 TABLE 7 MATRIX OF ENTITLEMENTS FOR THE IMPACTS ...... 21 TABLE 8 IMPLEMENTATION PLAN ...... 37 TABLE 9 PROPOSED RAP B UDGET ...... 38

Abbreviations and Acronyms AC Asbestos Concrete ARP Abbreviated Resettlement Plan AVRL Aqua Vitens Rand Limited C/R Central Region DA District Assembly ECG Electricity Company of Ghana EIA Environmental Impact Assessment

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page iii August 2011. SAL Consult Ltd GWCL/PMU

EPA Environmental Protection Agency EWT Elevated Water Tank FYIP First Year Investment Programme GHA Ghana Highway Authority GHS Ghana Health Service GLR Ground Level Reservoir GWCL Ghana Water Company Limited KDA Kpando District Assembly LHS Left Hand Side LVD Land Valuation Division N/R Northern Region PAPs Project Affected Persons PMU Project Management Unit RAP Resettlement Action plan RHS Right Hand Side RP Resettlement Plan RPF Resettlement Policy Framework RoW Right-of-Way SYIP Subsequent Year Investment Programme UWP Urban Water Project UW/R Upper West Region VRA Volta River Authority V/R Volta Region WB World Bank

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page iv August 2011. SAL Consult Ltd GWCL/PMU

EXECUTIVE SUMMARY The SYIP Area 3, Volta Region will affect a total of 317 people, comprising 16no. at Peki, 26no. at Nkonya Ahenkro/Assakyire, 47no. at Sovie, 54no. at Anfoega and 172no. at Kpando and its neighbouring communities.

Land acquisition is required under this project for the raw water pumping station at Kpando Torkor, and construction of reservoirs at Nkonya Ahenkro and Anfoega.

The replacement and extension of distribution pipelines will be carried out within the mandatory road reservation corridor meant for utility lines as well as existing pipeline routes. In all the project towns, the reservation corridor is encroached by mostly provision shops in kiosks, metal containers, and buildings. Other business units include drinking/chop bars, salons, fashion shops, barbering shops, carpentry shops, among others. Many commercial or business units will however have their frontages and entrances mostly of concrete pavements, walls or sheds partly demolished.

The project will not displace any household or church or mosque. Residential properties to be affected are mostly pavement driveways, steps, or lawns. There will also be road crossing in the towns. Very limited farm units or backyard gardens will be affected. Generally, the impacts are of low magnitude with partial demolition of most of the affected properties.

In order to know exactly and completely the impacts of the Project and the resettlement assistance required, an enumeration of affected people/properties and valuation of affected properties were undertaken from 8 th to 16 th February, 2011. The cut-off dates are as follows: Kpando, Sovie, Anfoega, and Nkonya Ahenkro, 15 February, 2011; and Peki, 16 February, 2011.

The enumeration of the affected properties was completed on these dates and the affected persons were duly informed about the intended project.

The bases of the valuation are derived from the following documents: • World Bank’s Involuntary Resettlement Policy, OP 4.12; • Section 4(1) of the State Lands Act, Act 125; • the Resettlement Policy Framework developed for the Ghana Water Sector Restructuring Project in July 2004; and • Section 20 of the 1992 Fourth Republican Constitution of Ghana.

In general, the compensation due the affected person comprises: a) the full replacement cost or relocation cost of the affected property/crop; b) disturbance to the owner/use/farmer of the property [estimated at 10% of (a)]; and

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page v August 2011. SAL Consult Ltd GWCL/PMU

c) an amount representing loss of income or livelihood (Supplementary Assistance) for the period of the disruption of the commercial usage of the property or asset.

The Total Compensation Payable for Volta Region is estimated at GHC209,151.25 (USD142,279.76) as at the dates of valuation. A total resettlement action plan budget of GHC232,208.81 (USD157,965.17) is proposed for the implementation of the RAP. This amount includes the expenditure of the proposed RAP management teams to be constituted and the compensations payable to project affected people.

One RAP Management Team will be set up to oversee the implementation of the RAP in the Volta Region. The RAP Management Team will consist of three sub-teams namely I. Compensation Disbursement Team; II. Grievance Redress Team; and III. Monitoring and Evaluation Team.

The compensation disbursement team will comprise of: • GWCL Head office – Estate Officer; • PMU LICS Officer; • Representative -Regional GWCL; • Representative- -District GWCL; • The local Assemblyman or woman; and • A representative of the traditional council/authority.

The grievance redress team will comprise of: • The District Co-ordinating Director or his/her representative (Assembly); • The Regional General Manager –GWCL or his/her representative; • The local Assemblyman/woman or representative of the community; • Representative of LVD; • EPA Representative; and • PMU Director or his representative.

The monitoring team will comprise of: • PMU LICS Officer; • Representative -Regional and District GWCL; and • Representative -District Assembly.

The project implementation will be under the overall guidance of the office of the Project Director, Project Management Unit (PMU) of the GWCL in Accra. GWCL through the Ministry of Finance and Economic Planning will provide funds for the RAP activities including compensation payment.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page vi August 2011. SAL Consult Ltd GWCL/PMU

description of the area 3 projects

Project Locations and Systems

The SYIP works for Area 3 include civil works with as appropriate, supply and installation of equipment, extension of distribution networks, construction of new ground level reservoirs and associated raw water transmission mains, for 2011 demand requirements under selected water supply systems in nine (9no.) urban areas distributed over four (4no.) regions. The beneficiary regions and the selected urban towns include: ♦ Central Region (C/R) o Breman Asikuma o Dunkwa-on-Offin ♦ Northern Region (N/R) o Tamale ♦ Upper West Region (UW/R) o Wa ♦ Volta Region (V/R) o Anfoega o Kpando o Nkonya Ahenkro o Peki o Sovie

Figure 1 shows the map of Ghana indicating the project locations. The planned SYIP project areas and systems obtained from the consultants’ contract document are presented in Table 1.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 1 August 2011. SAL Consult Ltd GWCL/PMU

B U R K I N A F A S O L E G E N D 11° International Boundary Regional Boundary Bolgatanga Trunk Road UPPER EAST REGION National Capital UPPER WEST REGION Regional Capital Project Town Project Town/Regional Capital Wa 10°

NORTHERN REGION

Tamale

9° T O G OG O T

8° CE O T E OR I D' V I

V

BRONG AHAFO REGION O

L

T

A

R

E

G

I

O

Sunyani N

Nkonya Ahenkro ASHANTI REGION Kpandu 7° Sovie Dzigbe Anfoega

Kumasi Ho

Peki EASTERN REGION

Koforidua 6° ION EG WESTERN REGION Dunkwa-on-Ofin R RA CC . A Breman GT Asikuma ACCRA CENTRAL REGION

Winneba

Cape Coast 5° Sekondi 0 20 40 60 80 100 Km.

3° 2° 1° 0° 1°

Figure 1 Location map of project sites

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 2 August 2011. SAL Consult Ltd GWCL/PMU

Table 1 Project Areas and Systems Region System Water source Existing New Remarks Total length of Total pipeline to be length per installed, m region, m Central Breman Asikuma Ochi-Nakwa - 2,985 8,399 River Dunkwa Offin Boreholes and 3 10 - 5,414 surface water - Volta Peki Volta Lake - - 6,128 Nkonya Ahenkro - 778 Kpandu 6 6 - 5,260 Sovie Digbe 1 1 One scheme - Anfoega 5 5 from the Volta 90 lake Northern Tamale White Volta Distribution 30,834 30,834 River system improvement Upper Wa Boreholes 19 9 Distribution 42,333 42,333 West system improvement and new boreholes Source: Consultant’s contract document

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DESCRIPTION OF the volta region PROJECT AND IMPACTS

Key Project Components and Beneficiary Communities

The major project components include: • the construction of a new water treatment plant at Kpando; • provision of a floating intake on the Volta Lake at Kpando Tokor; • raw water transmission line from the intake to the treatment plant; • treated water transmission lines from Kpando to Nkonya Ahenkro and from Kpando through Sovie to Anfoega; • construction of EWT/GLR at existing sites at Sovie, Anfoega and Nkonya Ahenkro; and • network of distribution line extensions and replacement at the various project towns namely Kpando, Nkonya Ahenkro, Sovie, Anfoega and Peki.

Some neighbouring communities close to the project towns will also benefit from the distribution network extensions and replacement and these are provided in the table below.

Table 2 Key Project Towns and their neighbouring beneficiary communities Project town Other beneficiary neighbouring communities Kpando Abanu, New Abanu, Fesi, Agbenoxoe, Dafor Adomi, Dzoanti, Gadza, Agudzi Nkonya Ahenkro Nkonya Assakyir, Ahondwo Sovie - Anfoega - Peki Todome

Project Impacts

Land Requirements

Land acquisition is required as provided in Table 3 . No land acquisition is required for pipeline laying. The various pipeline extensions and replacement will be carried out within existing road reservation corridor or right-of-ways meant for utility lines.

Table 3 Land acquisition requirements and compensation issues Town, Activity/ Land acquisition Ownership Type of land Compensation Remarks subproject requirement Kpando Tokor, Raw Land acquisition Chief, Torgbui Farm land, Compensation 44m x 35m of water pumping required Amanu Okra grown required land required station

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 4 August 2011. SAL Consult Ltd GWCL/PMU

Nkonya Ahenkro, land acquisition Chief/Traditional Stool land compensation 20.4m x 21m Construction of required Council /fallow required for of land reservoir land required Anfoega, land acquisition EP Church church land/ Compensation 15.6m x construction of required Fallow required for 16.8m of land reservoir land required

Physical or Household Displacement

The implementation of the project will not displace any household. No communal property such as church building or mosque will be affected at the project towns.

Economic Displacement and Zone of Impacts

All the pipe laying works are within existing road reservation corridor and right-of-ways. Utility lines that make use of the reservation corridor include electricity power lines, telecommunication lines and water pipe lines.

Mostly small business units have encroached upon existing reservation corridors. Common among such business units are kiosk or wooden structure or metal container shops and drinking bars or spots and stores. Most of these business units will have their frontages mostly of concrete pavement or walls affected. Some have also extended their shops into the reservation corridor with the erection of various types of sheds under which they display their wares. Some of the sheds will be affected.

Other affected properties in residential places are mostly pavement driveways, walls, gardens/farms or lawns. Generally, the impacts are of low magnitude and partial demolition of properties will be common. Economic displacement will be temporary during the digging and laying of pipes. Most affected persons can continue with their business during pipe-laying.

Summary of Impacts

The project impacts are summarized in Table 4.

Table 4 Summary of Project Impacts Type of Potential impacts on assets /Properties Livelihoods project Land Crops Structures activity /economic trees Treatment plant No land acquisition No standing crops No structures on sites -No livelihood issues required. GWCL land Raw water Land acquisition Okra plants grown No structures -Livelihood issues for pumping station required landowner/farmer Reservoir sites land acquisition No standing crops No structures No livelihood issues required Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 5 August 2011. SAL Consult Ltd GWCL/PMU

required Extension -RoW use for pipes Destruction of -Demolition of -Where crops are replacement of standing crops immovable structures affected, impacts on distribution -Temporary use or within RoW for -Temporary livelihoods of farmers networks or occupation during pipeline displacement of likely/minimal pipelines pipe laying movable structures within RoW -Where businesses are affected, impact on livelihoods likely

Minimisation of impacts

The size of the pipes to be laid and the digging and pipe laying duration are determining factors to the impacts to be created. Most pipe diameters range from 63mm to 225mm, which are considered as small diameter pipes. The laying of such pipes will create insignificant impacts since these can easily be managed and manoeuvred into small spaces to minimise impacts. The laying of small diameter pipes will not totally stop or hinder business or commercial activities of the affected units.

The treated water transmission main from Kpando to Nkonya Ahenkro will however have pipe diameter of 315mm through part of Kpando Township and reduces to 225mm along the Kpando Fesi road. A greater section of the 315mm diameter pipe from the treatment plant is laid through a fallow and or less dense areas and therefore do not impact much on properties.

At Fesi, it is proposed to re-route the pipeline to follow the existing small towns scheme lines to reduce compensation issues greatly. At Nkonya Ahenkro, it is proposed to re-route the pipeline to follow the ECG low tension line (on the right-hand-side) to reduce compensation issues greatly.

It is expected that digging and pipe laying will run concurrently in order to avoid the situation where trenches are left in front of shops for more than 24 hours awaiting the laying of pipes. It is expected that pipes will be laid and trenches covered within three days of digging.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 6 August 2011. SAL Consult Ltd GWCL/PMU

OBJECTIVE OF THE RESETTLEMENT/COMPENSATION PROGRAMME The impacts under this RAP are considered to be of relatively low magnitude and therefore the objectives of the resettlement programme are straightforward. Land acquisition is required under this RAP for construction of new reservoirs at Nkonya Ahenkro and Anfoega and for raw water pumping station at Kpando Tokor. Partial demolition of properties will be carried out. No household will be displaced and economic displacement is generally temporary.

The main objectives of the resettlement plan are as follows:

♣ To ensure that project affected people are adequately compensated and this includes any loss of income from the business or commercial enterprises that may arise as a result of the project.

♣ To compensate the affected units and enterprises for their loss at full replacement cost and ensure that the income-earning capacity of the affected commercial units are at least restored to the levels they would have had without the project.

♣ To identify vulnerable groups among the project affected people and prescribe any special assistance they may require either in terms of specific compensation or extra attention during the implementation of the RAP.

♣ To ensure that project affected people are consulted and their concerns included in the RAP document for implementation.

♣ To meet both national and institutional regulatory requirements. Any impact of the project is addressed in compliance with the Constitution of Ghana, other Ghanaian regulations as provided in Section 5, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12).

♣ To follow the guidelines for the preparation of RAP developed in the Resettlement Policy Framework for the Urban Water Project.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 7 August 2011. SAL Consult Ltd GWCL/PMU

CENSUS AND SOCIO-ECONOMIC CONDITIONS In order to know exactly and completely the impacts of the Project and the resettlement assistance required, a census and socio-economic survey of the affected people and assets were undertaken from 8 th to 16 th February, 2011.

The census survey involved identification of affected persons and their affected properties. The methodology for the socio-economic data included interviews with affected persons, consultations with Assemblypersons /opinion leaders and District Assemblies as well as relevant literature review.

Identification of PAPs and Affected Properties

The SYIP Area 3, Volta Region will affect a total of 317 people, comprising 16no. at Peki, 26no. at Nkonya Assakyire/Ahenkro, 47no. at Sovie, 54no. at Anfoega and 172no. at Kpando and its neighbouring communities.

The types of properties to be affected are wide-ranging. Details of the affected properties are shown under Annex 3 (Valuations and Compensations for Volta Region Project).

In the affected towns and communities, the common and dominant structure to be affected is concrete pavement/driveway in front of shops/stores/buildings. Other properties to be affected include steps, wooden platforms, kiosks, shed, metal containers, farms/crops and road.

Socio-economic Conditions of Project Districts /Towns

Data Sources

The socio-economic information on the project districts/towns was derived from the following data sources: • Consultations with district assemblies and local communities; • Internet sites of the district assemblies – www.ghanadistricts.com ; and • National government data and published reports (e.g. Ghana Statistical Service).

Consultations at the Ghana Statistical Service, Accra revealed that the 2010 Population and Housing Census Reports will be released within the first quarter of 2012. The demographic information obtained from the district assemblies were therefore based upon the 2000 Population and Housing Census Reports and projections made by the various district assemblies.

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Kpando District /Kpando, Sovie, Anfoega

Demographic characteristics The district has an inter censual growth rate of 27% between 1970 and 1984 and 0.9% between 1984 and 2000. And between 1970 and 2000, the growth rate was 1.7%. Data from census report for 2000 indicates that the total population of the district represents only 4.6% of the total Volta Region and it is growing at a very slow rate.

The population structure is young with about 38.1 % aged between 0-14 and the aged population that is 60 years and about account for 9.8%, while the economically active population of 15 years to 59 years is represented by 52%. The 2007 estimated population for Kpando, Sovie and Anfoega were 27770, 3124, and 1994 respectively and the expected 2011 population figures are 30,430, 3409, and 2175 respectively.

Rural / Urban Split The rural/urban classification of localities is population based. A settlement with a population of size 5000 or more is classified as urban and settlement with less than 5000 people is considered rural. Based on this classification, Kpando District can be considered as rural district since 76% of the population live in the rural area whereas only 24% are in urban area. There is only one settlement with population of more than 5000 which is the district capital, Kpando.

Economy Economic activities in the towns comprise agriculture, service/trading, light industrial and public sector activities. Market play very important role in the promotion of economic life of the people in the district. Apart from commercial trading in farm products and partly processed ones like cassava-dough, gari and local soap, other manufactured products both imported and locally produced are sold in the markets and shops. There are fully developed traditional markets at Kpando Torkor and Kpando; and other smaller ones at Anfoega and Vakpo.

Household Income (Poverty Analysis) The poverty line is the minimum amount of money that one needs to obtain the basic needs of life i.e. food, water, clothing shelter. In 1999, the Ghana living Standard Survey calculated that one needed at least seven hundred thousand old Ghana Cedis (¢700,000) per annum to buy enough food to survive and nine hundred thousand old Ghana Cedis (¢900,000) per annum to be able to buy food and pay for other basic needs. All those who had less than ¢700,000 were considered very poor. Those with less than ¢900,000 to spend for the year were considered poor. The ¢700,000 and ¢900,000 are what is referred to as the lower and upper limit of the poverty line.

The report further indicated that in terms of economic activity, poverty is by far highest among the food crop farmers accounting for 59.4%. The studies have also shown that

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 9 August 2011. SAL Consult Ltd GWCL/PMU

women predominate in this sector making women very vulnerable to all kinds of exploitation. It is of interest to note that the incidence of poverty is also high among export farmers, informal sector employees and non-farm self-employed.

Using household assets ownership data from the Core Welfare Indicators Questionnaires (CWIQ) survey between 1997 and 2003 in describing the poverty trend in the country indicated that the pattern remains roughly the same for the periods. The survey showed that poverty is higher in rural than urban areas; and that urban employees in regular employment are relatively better off than their rural counterparts.

The report further asserted that workers in agriculture are poorer than those in other sectors. The 2004 annual progress report on the Implementation of the GPRS I indicated that the general poverty levels have declined by only 7% from 42% in 1997 to 35% in 2003 with an anticipated further decline in 2004 on account of targeted growth in the Gross Domestic Product (GDP) driven by agricultural production.

The report concluded that the poorest among the poor have benefited less from growth which means that they have experienced lower increases in their incomes. Extrapolating this national data analysis to the district condition shows serious poverty implications for the district since about 62% of the population are engaged in crop farming with a high dependency rate. It is even more serious for the district since only 23% of the total population live in the urban area with the majority being unemployed.

In summary, the above premises suggest that the majority of the people in the district fall within the hard core poverty group. It is estimated that overall incidence or poverty in Kpando district is 44% with the rural incidence being 51% and urban 21%.

Water and Sanitation About 73% of the population does not have access to safe water, 85% are without access to safe toilet facilities and 88% are without organised garbage disposal facilities. Pipe borne water is the main source of treated water to most homes in the urban centres but this is very inadequate.

Water is pumped from boreholes with fixed mechanical pumps and production is very low and insufficient to meet the people’s daily requirement. The water situation in the district is severe particularly in the dry seasons where people travelled long distance in search of water and as a result people resort to the use of any kind of water irrespective of whether the quality is good or contaminated. During this time the women and children, and schools in the district are the worst affected thereby disrupting academic programme.

Social Infrastructure Kpando District is accessed mainly by a mix of road network of highways, feeder roads and water transport via the Volta Lake. Generally most of the roads and streets are narrow

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with inadequate drains accounting for the frequent damages caused to most roads in the hilly areas. In the urban and semi-urban settlements existing building are very close to drains. Side drains and properly designed walkways and lay-bys are absent.

The Volta Lake with a shoreline of 80km long forms the western boundary of the Kpando District. The district is therefore accessible by river crafts and engine boats which provides opportunity for heavy interaction between the two entry points of Kpando Torkor and settlements in the Afram Plains district. The interaction is boosted with the construction of a landing stage at Torkor and Agodeke in the Afram Plain District with the pontoon service between the two districts for safer water transport but currently, the pontoon service is not operational. .

About 90% of the Communities in the district are however connected to the National Grid. The other sources of energy are wood fire and the LPG. The District has three Post Offices located at Kpando, Anfoega and Vakpo There are however postal agencies in other areas like, Anfoega Dzana, Botoku and Aveme.

Nkonya Ahenkro and Peki

Nkonya Ahenkro is the capital of the newly formed Biakoye District, while Peki is part of the South Dayi District with its capital at Kpeve. Nkonya Ahenkro town is nucleated and is expanding in all directions because of its current status as a district capital. The Assembly estimated the 2007 population at 4379 and is expected to reach 4777 by 2011. The population served by the Peki Water Supply System was 30,476 in 2007 and is expected to reach 33,361 at the end of the planned project period in 2011.

In both towns, residential land use is the most dominant. The other land use types comprise commercial, civic and culture, agricultural, as well as large tracts of open spaces. Within the townships, there is a high concentration of mix residential and commercial uses lining the road corridors and this thins out into mainly farmlands at the outskirts.

Economic activities in both towns comprise agriculture, service/trading, light industrial and public sector activities. Like the Kpando District, unemployment is common and usually high and most of the youth migrating to Accra in search of jobs.

Socio-economic condition of PAPs

Major occupation of PAPs Generally, the major occupation or work of the project affected people in the towns can be group into the following: ♦ Provision shop/store operators; ♦ Drinking/Chop bar operators; ♦ Tailors/seamstresses/fashion designers; ♦ Salon and barbering shop operators;

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 11 August 2011. SAL Consult Ltd GWCL/PMU

♦ Hardware/chemicals shop operators; ♦ Artisans (mostly carpenters and welders) and mechanics; ♦ Food vendors (operating in very small kiosks, fast food joints, table tops with shed); and ♦ Communication/business centres operators

Impact on livelihoods The project affected people are mainly small shop, business owners and operators. The affected shop/business operators/owners are mostly found along the pipeline corridor along the main town roads/streets of all the five project towns. The impacts of the project include temporary relocation of kiosks or partial demolition of pavements in front of shops or houses.

No household will be physically displaced in the towns. No shop or business unit will be completely or totally demolished in the towns. No communal property such as church or mosque building will be affected.

Affected kiosks or movable properties can be relocated to within 20m from their original positions. Partial demolition of pavements in front of shops/business units will negatively affect daily sales. Shops/business structures located very close to the road side drains, that is, within 2m may not be able to operate during pipe laying. The impact on income levels will much depend on how long the contractor takes to dig, lay pipe and cover trenches. Open trenches in front of shops will significantly affect business.

Income Levels of PAPs Most of the affected shop/store operators could not provide their monthly income due to lack of proper book keeping. The income/revenue or sales levels provided in Table 5 are mostly estimates based upon consultations with the PAPs.

Table 5 Income Levels No. Occupation or Job activity Revenue/Sales Comment GHC USD 1 Provision shops 10 – 300 6.80 - 204.08 Daily sales 2 Tailors/Fashion designers 50 – 500 34.01 -340.01 Monthly revenue 3 Salon operators 5 - 100 3.40 - 68.03 Daily revenue 4 Hardware/chemical shop 10 – 300 6.80 – 204.08 Daily sales 5 Drinking/chop bar operators 10 – 300 6.80 – 204.08 Daily sales 6 Food vendors 5 – 60 3.40 – 40.82 Daily sales 7 Communication/business centres 5 – 150 3.40 – 102.04 Daily revenue 8 Barbering shop 5 - 50 3.40 – 34.01 Daily sales Source: Field Data-consultations with PAPs, February 2011 USD1.00 = GHC1.47, Source: Ecobank, Osu Branch, June 2011

Some of the PAPs confirmed that sometimes they do not make sales at all. However, they usually make heavy sales or revenue during festivities especially Christmas and traditional festival periods and on market days. The drinking /chop bars/food vendors also make good sales during funerals.

Vulnerable People

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Based on the socio-economic conditions, field observations, as well as consultations with contact persons or representatives of affected people, none of the affected property owners or users in the project towns could be deemed vulnerable for the purpose of receiving special attention or additional livelihood benefits as at date of the census/socio-economic study.

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LEGAL AND INSTITUTIONAL FRAMEWORK

Relevant National Legislative Framework

The legal and institutional framework in Ghana over land administration, land tenure, and land expropriation is complex. Among the numerous land-related laws passed in the last 45 years, the most relevant to this Project are: ♦ The Constitution of the Republic of Ghana, 1992; ♦ The State Lands Act, 1962; ♦ The Lands (Statutory Wayleaves) Act, 1963; and ♦ The Lands Commission Act 2008, Act 767.

The Constitution of Ghana and the Protection of Individual Property

Article 20 of the 1992 Constitution of Ghana provides for the protection from deprivation of property unless such acquisition is made in the interest of defence, public safety, public order, public morality, town and country planning, or the development or utilisation of property to promote public interest.

Under the same Article 20 of the Constitution, such compulsory acquisition of property by the State should be made under a law which makes provision for prompt payment of fair and adequate compensation as well as a right of access to a High Court by any person who has interest in or right over the property for the determination of his interest or right and the amount of compensation to which he is entitled.

The State Lands Act, 1962

The State Lands Act, 1962 (Act 125) vests in the President of the Republic the authority to acquire land for the public interest via an executive instrument.

In addition, the State Lands Act, 1962, details the different elements to be taken into consideration when calculating compensation and these include: ♦ “Cost of disturbance” means the reasonable expenses incidental to any necessary change of residence or place of business by any person having a right or interest in the land; ♦ “Market value” means the sum of money which the land might have been expected to realise if sold in the open market by a willing seller or to a willing buyer, ♦ “Replacement value” means the value of the land where there is no demand or market for the land by reason of the situation or of the purpose for which the land was devoted at the time of the declaration made under section 1 of this Act, and shall be the amount required for reasonable re-instatement equivalent to the condition of the land at the date of the said declaration; and

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♦ “Other damage” means damage sustained by any person having a right or interest in the land or in adjoining land, by reason of severance from or injurious affection to any adjoining land.

The Lands (Statutory Wayleaves) Act, 1963

The Lands (Statutory Wayleaves) Act, 1963 (Act 186) details the process involved in occupation of land for the purpose of the construction, installation and maintenance of works of public utility, and for the creation of right-of-ways for such works. The key elements of this Act include the following: ♦ The owner/occupier of the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry; ♦ Any damage due to entry must be compensated in accord with the procedures established by the Minister unless the land is restored or replaced; ♦ In the case of highways, no compensation shall be paid, unless the land taken is more than one fifth of the total holdings of an affected person; ♦ Where a right of way must be established in the public interest, the President may declare the land to be subject to such statutory wayleave; and ♦ On publication of a wayleave instrument specifying the area required, and without further assurance, the land shall be deemed to be subject to wayleave. Compensation is then determined and paid, with the right of appeal to a Tribunal established by the President, in parallel with the Lands Act, 1962.

Further to this Act, the Statutory Wayleave Regulations, 1964, provide procedural details and address grievance mechanisms.

The Lands Commission Act 2008, Act 767

The Lands Commission Act 2008 establishes the Lands Commission to integrate the operations of public service land institutions in order to secure effective and efficient land administration to provide for related matters. The objectives of the Commission include among others to: • Promote the judicious use of land by the society and ensure that land use is in accordance with sustainable management principles and the maintenance of a sound eco-system; and • Ensure that land development is effected in conformity with the nation’s development goals.

Currently, the commission has the following divisions: • Survey and Mapping • Land Registration • Land Valuation • Public and Vested Lands Management.

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Institutional Framework

The key government institutions responsible for administration of government lands and or resettlement activities in line with this RAP include: ♦ The Public and Vested Lands Management Division of the Lands Commission; ♦ Land Valuation Division of the Lands Commission; ♦ Land Registration Division of the Lands Commission; ♦ Survey and Mapping Division of the Lands Commission; ♦ Environmental Protection Agency; ♦ District/Municipal Assemblies; and ♦ Department of Town & Country Planning.

Public and Vested Lands Management Division of the Lands Commission

The Public and Vested Lands Management Division of the Lands Commission (established by the Lands Commission Act, 2008, Act 767) is the principal land management organisation of the government. All public land is vested in the President of Ghana and held in trust by him for the people of Ghana. The Public and Vested Lands Management Division manages all public land on behalf of the President. In each of the ten regions of Ghana, a branch, known as the Regional Lands Commission, performs the functions of the Lands Commission. In addition to managing public lands on behalf of government, other mandates includes among others: ♦ Advise the government and local authorities on policy matters, and to ensure that the development of individual parcels of land is consistent with area development plans; and ♦ Advise on, and assist in the execution of a comprehensive programme of land title registration.

The acquisition of any rights of exclusive possession over public lands would necessitate discussions with the relevant Regional Lands Commission for a lease over the selected site.

Land Valuation Division (LVD)

It was established in 1986 (PNDC Law 42) as Land Valuation Board (LVB), through a merger of valuation divisions operating within different ministries. However, the LVB was brought under the Lands Commission as the Lands Valuation Division with the promulgation of the new Lands Commission Act 2008, Act 767. The LVD is responsible for all valuation services for the government, including assessing compensation to be paid as a result of land acquisition or damage to an asset in view of a government project. The Division keep rates for crops which are applicable nation-wide.

The LVD has offices in all the ten (10no.) regions of Ghana and 44 district offices. The district offices are involved only in ‘rating valuation’ and that any valuation taking place has to be undertaken by the Regional offices which have certified valuers. The LVD also keep records of private sector certified valuers.

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Land Registration Division of the Lands Commission

It was established in 1986 as the Title Registration Advisory Board under Section 10 of the Land Title Registration Act, 1986. However, it was brought under the Lands Commission as the Lands Registration Division with the promulgation of the Lands Commission Act 2008, Act 767.

The Division ensures registration of title to land and other interests in land; maintains land registers that contains records of land and other interests in land; ensures registration of deeds and other instruments affecting land, among other functions.

Survey and Mapping Division of the Lands Commission

It was established in 1962 under the Survey Act 1962, Act 127 as the Survey Department. The Department was brought under the Lands Commission as the Survey and Mapping Division with the promulgation of the Lands Commission Act 2008, Act 767. The Division supervises, regulates and controls the surveys and demarcation of land for the purposes of land use and land registration. It also supervises, regulates, controls and certifies the production of maps. It is responsible for planning all national surveys and mapping among other functions.

Environmental Protection Agency (EPA)

The EPA established under the EPA Act, 1994 (Act 490) is responsible for the protection of the environment and this include the human environment as well. Its functions include amongst others: ♦ Advise the Minister on the formulation of policies on all aspects of the environment and in particular make recommendations for the protection of the environment; ♦ Ensure compliance with any laid down environmental impact assessment procedures in the planning and execution of development projects, including compliance in respect of existing projects; ♦ Act in liaison and co-operation with government agencies, district assemblies and other bodies and institutions to generally protect the environment; and ♦ To promote effective planning in the management of the environment.

The EPA is the main government body for receiving and reviewing all Environmental and Social Impact Assessment reports. Currently, Resettlement Plan reports sent to the EPA for review are usually attached to the main stream Environmental Impact Assessment (EIA) Report. The Agency is yet to develop a general guideline or format for the preparation of a Resettlement Plan as it has done for the preparation of an EIA. The project EIA report has already been prepared and reviewed by the EPA and the Agency has granted environmental permit for the execution of the project.

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The EPA has offices in all the ten (10no.) regions of Ghana and some districts such as Tarkwa and Tema.

District/Municipal Assemblies and Town & Country Planning Department

The current local government structure or the district assembly system is established by two main Acts, namely Act 462 and Act 480. Both Act 462 and Act 480 designate the District/ Municipal/ Metropolitan Assembly as the planning authority, charged with the overall development of the district. Both Acts provide that local people (communities) must participate in the formulation of the District Development Plan.

A key feature of this Assembly System is the involvement of communities or zones or whole villages who elect their representatives (Assemblymen) to the Assembly. The structure of the Assembly comprises Unit Committees which are usually formed at the community levels, and the Urban/Town/Area Councils.

Town & Country Planning Department

Established in 1945, it is responsible for designing plans (planning schemes) and controlling settlements. It is no longer an independent department but currently forms part of the Assembly Structure.

World Bank Safeguard Policy on Involuntary Resettlement

The World Bank’s safeguard policy on involuntary resettlement, OP 4.12 is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions to natural resources, may take place as a result of the project. It includes requirements that: a) Involuntary resettlement should be avoided where feasible, or minimised, exploring all viable alternative project designs. b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

According to OP 4.12, the resettlement plan should include measures to ensure that the displaced persons are: a) informed about their options and rights pertaining to resettlement; b) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and

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c) provided prompt and effective compensation at full replacement cost for losses of assets attributed directly to the project.

If the impacts include physical relocation, the resettlement plan should include measures to ensure that the displaced persons are: 1) Provided assistance (such as moving allowances) during relocation; and 2) Provided with residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of the policy, the resettlement plan also should include measures to ensure that displaced persons are: a) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and b) provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities.

Gaps Between Ghanaian Regulations and World Bank Policies

There are significant gaps between Ghanaian regulations and World Bank policies. These are summarised in Table 6 .

Table 6 Comparison of Ghanaian Regulations with World Bank Policies Topic Ghanaian legislation requirement WB policy requirement Timing of compensation Prompt (1992 Constitution of Prior to displacement payment Ghana, Article 20) Calculation of -Fair and adequate (1992 Full replacement cost compensation Constitution of Ghana, Article 20) -Market value, replacement value, cost of disturbance, other damage (State Lands Act 1962, Act 125) Squatters No provision. Are deemed not to be Are to be provided resettlement eligible assistance (but no compensation for land) Resettlement/Displacement In the event where inhabitants have Affected people who are physically to be displaced, the State is to displaced are to be provided with resettle them on “suitable land with residential housing, or housing sites, due regard for their economic well- or, as required, agricultural sites at being and social and cultural least equivalent to the old site. values” . (1992 Constitution of Preference to be given to land-based Ghana, Article 20) resettlement for displaced persons whose livelihoods are land-based. Resettlement assistance No specific provision with respect to Affected people are to be offered

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additional assistance and support after displacement, for a monitoring. transition period Vulnerable groups No specific provision Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, and ethnic minorities. Information and The owner/occupier of the land Displaced persons and their consultation must be formally notified at least a communities are provided timely week in advance of the intent to and relevant information, consulted enter, and be given at least 24 on resettlement options, and offered hours notice before actual entry opportunities to participate in (The Lands (Statutory Wayleaves) planning, implementing, and Act, 1963, Act 186) monitoring resettlement. Disclosure No specific provision Draft RAP should be submitted for public (in-country and infoshop) disclosure purposes Grievance Access to Court of Law (1992 Appropriate and accessible grievance Constitution of Ghana, Article 20) mechanisms to be established Use of resettlement No clear provision Can use RPF, RAP, ARP, process instrument framework

Project Measures to ensure compliance with World Bank Policy

In general the Ghanaian laws and regulations make provision for resettlement issues, including land acquisition and compensation matters. However, there are some differences between World Bank guidelines and Ghanaian laws as indicated above.

In order to harmonize such differences and ensure that the criteria used to determine compensations to project affected people satisfies the World Bank requirements as well as the national laws, a Resettlement Policy Framework was developed in July 2004 to guide the assessment of all resettlement related issues under the Urban Water Project (UWP) for GWCL.

The Resettlement Policy Framework combined the World Bank Safeguard Policy on involuntary resettlement (OP 4.12) and the national laws. It must be noted for this RAP that in circumstances where gaps existed between national laws and World Bank policy, the World Bank policy was applied in such cases as provided in the Resettlement Policy Framework. The Resettlement Policy Framework is therefore the main guide for the preparation of this RAP.

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ELIGIBILITY and ENTITLEMENTS Table 7 presents the matrix of entitlements for the different categories of impacts to be encountered under the Project.

Table 7 Matrix of Entitlements for the Impacts Affected Type of impact Entitled Eligibility criteria Entitlement Assets units Land Permanent Landowner Owns the affected plot 1. Cash compensation at full acquisition of (individual, of land under replacement value land family, stool) Ghanaian laws 2. Disturbance allowance (10%) including customary Crops Destruction of Owner or Have grown the 1. Cash compensation for standing (economic standing crops Farmer affected crop crops not harvested prior to land trees inclusive) (regardless of related entry, counted at cut-off date and plot ownership) based upon authentic crop rates 2. Disturbance allowance (10%) Structures Destruction of Owner Use the affected 1. Compensation at full immovable structure replacement value of structure structures 2. Disturbance allowance (10%) Temporary Owner Use the affected 1. Cost of displacing the affected relocation of structure structure movable 2. Cost of moving the affected structures structure back to project affected land where necessary 3. Disturbance allowance (10%) Livelihoods Agriculture Farmer Use affected land for Cash compensation for any loss of farming as livelihood income incurred as a result of the sources (emphasis on project perennial crops. Annual crops can be harvested prior to land entry) Business Business Use structure for Cash compensation for temporary person business purposes loss of income incurred as a result of the project

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VALUATION AND COMPENSATION

Valuation of Assets

The purpose of this valuation is to assess the overall Compensation Payable as part of the assessment of resettlement issues under the SYIP for the Volta Region. The scope of the valuation covers land acquisition for reservoir/raw water pumping stations as well as all structures and crops/economic trees on the path of the proposed pipe lines. Disruptions to businesses/livelihoods were considered as far as it may be appropriate for payment of compensation for the period of disruption of business/livelihood.

Basis of Valuation

The bases of this valuation are derived from the following documents: • World Bank’s Involuntary Resettlement Policy, OP 4.12; • Section 4(1) of the State Lands Act, Act 125; • the Resettlement Policy Framework developed for the Ghana Water Sector Restructuring Project in July 2004; and • Section 20 of the 1992 Fourth Republican Constitution of Ghana.

The valuation is based on market valuation, and tested on value to the owner and not to the acquiring agency.

Valuation Method and Rates

Land The Market Comparison Approach was adopted for the valuation of the land. It involves the direct comparison of the property’s value determining features with those of the immediate and surrounding vicinity that sold recently. In applying this method, values of plots of land from the neighbourhood of the sites were collected, compared, adjusted to take account of minor differences, and applied to arrive at the reported values. This is to ensure that the values obtained would be adequate to secure in-kind alternative land or cash compensation for the affected owners.

Structures The Replacement Cost Approach (RCA) was adopted for the valuation of the structures. The RCA is based on the assumption that cost and value are related. It involves finding the estimate of the gross replacement cost of a structure which is the estimated cost of constructing a substitute structure, having the same gross area as that existing, at prices current at the relevant date. For the purpose of this valuation, the structures and development were not depreciated.

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Crops/Economic Plants The Enumeration Approach was adopted for the crops affected by the project. The Enumeration Approach involves taking census of the affected crops and applying realistic valuation rate (see Annex 1 ). The counting is either by the number of plants/trees or an area of crops. The existing approved Land valuation Division crop rates available is dated January 2002 (see Annex 2 ). This is outdated and the could not be directly applied.

Five main sources of data were explored for information in building up the realistic rates for the crop valuation and these include: a) Ministry of Food and Agriculture (Crop Services and Extension Department); b) Land Valuation Division of the Lands Commission; c) Local peasant and commercial food & cash crop farmers; d) Agricultural credit financial institutions; and e) Current crop valuation rates applied by some mining companies.

Crops valued were generally categorized into annual and perennial crops and were valued taking into consideration the full replacement cost approach. The value of annual crops was based on the cost of production method whiles valuation of perennial crops was based on the investment method of valuation.

Compensation Description

In this context, the compensation is the amount required, so far as money can do so, to put the owner or user of a land or structure in the same position as if his/her use and enjoyment has not been disrupted. In other words, it is based on the principle of “Equivalent Re-instatement” or “Full Replacement”.

Compensation for affected Land

In general, the compensation due the affected person comprises: a) the prevailing market value of the land to be acquired; b) disturbance to the land owner [estimated at 10% of (a)]; and c) A supplementary assistance or an amount representing loss of income where applicable.

Compensation for affected Crops

In general, the compensation due the affected person comprises: a) the value of the standing crops to be destroyed; b) disturbance to the farmer/owner of crops [estimated at 10% of (a)]; and c) A supplementary assistance or an amount representing loss of income where applicable.

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Compensation for affected structures to be demolished or relocated

In general, the compensation due the affected person comprises: d) the full replacement cost or relocation cost of the affected property; e) disturbance to the owner/user of the property [estimated at 10% of (a)]; and f) an amount representing loss of income or livelihood (Supplementary Assistance) for the period of the disruption of the commercial usage of the property or asset.

Determination of Supplementary Assistance (Loss of income or livelihood) The supplementary assistance (referred to as livelihood) for affected commercial structures or business units depends largely upon the following factors: ♣ estimated income from the use of the property or business/commercial unit; ♣ estimated period of completing pipe laying across an affected property or business unit; and ♣ pipe diameter to be used.

Generally, loss of income will be minimal. Business will not be completely halted by the project in most cases. Smaller pipe diameter (63mm to 225mm) will generally be used and these can be manoeuvred to minimise disruption. Pipe laying in front of shops/businesses will not completely put a stop to business activities. The period of partial disruption is expected to be within 1 to 3 days.

The lack of proper book keeping coupled with speculative income/revenue/sales figures obtained from the field makes it impossible to determine the actual loss of income for each case. Similar challenges were encountered during the First Year Investment Programme (FYIP) of this Urban Water Project and other related RAPs carried out. In such situations the supplementary assistance or loss of livelihood applied was generally determined and accepted to be 15% of the value of the property to be affected or relocation cost.

For the purposes of this RAP, the supplementary assistance applied for livelihood in case of loss of income is also 15% of the value of the property to be affected.

Valuation and Compensation Opinion

Having taken cognisance of the relevant value indicators like type of property, the extent and effect of impact, economic and institutional factors, amongst others, and having adopted the Replacement Cost and Enumeration Approach, the total Compensation Payable for Volta Region in Area 3 under the SYIP Phase 2 is estimated at GHC209,151.25 (Two Hundred and Nine Thousand, One Hundred and Fifty-One Cedis and Twenty-Five Pesewas) as at the dates of valuation.

Annex 3 shows the valuation of the affected properties. Annex 4 shows the Certification of Value and Annex 5 shows the compensation profile for each affected person.

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Cut- Off Dates

The cut-off dates are as follows: Kpando, Sovie, Anfoega, and Nkonya Ahenkro, 15 February, 2011; and Peki, 16 February, 2011.

The enumeration of the affected properties was completed on these dates and the affected persons were duly informed about the intended project. This enumeration date is the cut-off date for the final inventory of affected properties to be considered for compensation payment. The same date has been adopted as the effective date of valuation.

Compensation Payment Procedure

Compensation will be paid to affected persons prior to the destruction of the affected farm or crops. Each eligible affected person will sign a compensation claim form, UWP Form C2 (as shown in Annex 6 ) together with the authorized GWCL project representative and in the presence of a witness before receiving the compensation cash or cheque.

The compensation claim form clarifies mutual commitments as follows: • On the project side: commitment to pay the agreed compensation, including all its components (disturbance, livelihood assistance); and • On the affected person’s side: commitment to vacate the land by the agreed date. • Commitment by both parties to abide by the requirements of this RAP and any other provisions related to the success of the process.

GWCL will issue a compensation receipt, UWP Form C3 (as shown in Annex 7 ) to the claimant or recipient confirming compensation amount collected.

Land to be acquired for relevant project sites will be done through due process. A sample of the land acquisition contract form is provided in Annex 9.

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CONSULTATIONS AND DISCLOSURE

Consultations with PAPs and other stakeholders

Project affected persons (PAPs) were consulted and involved in the RAP development process. Other stakeholders consulted include: ♦ Kpando District Assembly; ♦ Regional and District GWCL/AVRL offices; ♦ Local Assemblymen or Assemblywomen; ♦ Traditional authorities; and ♦ Community opinion leaders.

List of persons contacted are provided in Annex 8.

Concerns of PAPs and other stakeholders

Construction duration and public safety Trenches should not be left uncovered for more than 48 hours and should be clearly marked. The excavations should be protected and excavation, pipe-laying and backfilling should be synchronised to minimise the time gaps between these activities.

Reinstatement works and where to seek redress People were concerned about the effectiveness of the intended reinstatement works to be undertaken by the contractor and where to seek redress if the contractor fails to reinstate the affected property satisfactorily. References were made to some unsatisfactory reinstatement works carried out previously by GWCL and some telecommunication operators. Reinstatement works should not delay unduly.

Need for frequent announcements The project affected people requested for frequent interactions and announcements on ♦ When a contractor is to start work on a specific sub-project or pipeline; and ♦ Where to make complaints or seek redress and the contact persons involved.

Partial demolishing Most of the affected properties will require partial demolishing and the contractor should adhere strictly to this in order to minimise conflicts and disputes associated with excessive demolishing.

Drive-ways or drive-ins and communal or public steps Residential and business establishments whose access such as driveways or steps will be cut expressed concern for immediate backfilling after cutting (before close of work) and

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reinstatement of the public/communal steps. This is to make it possible for people using the driveways or steps to access their premises or homes without much difficulty.

Business units/shops The frontage of most business units/shops will be affected, mainly concrete pavements. Owners of such units expressed concern for quick reinstatement works. Some expressed the need to undertake the reinstatement works by themselves while others were of the opinion that the contractor should be responsible for the reinstatement works.

Other utility service providers (Electricity Company of Ghana Ltd (ECG) /Ghana Telecom) There are ECG and Ghana Telecom underground cables along some of the affected lines. GWCL should liaise with the other road reservation users such as ECG and Ghana Telecom to identify all underground cables. This will prevent the contractor damaging any of such underground service lines.

Farmlands within ROW/Road Reservations Some of the community members expressed concern about the likely destruction of farms within the ROW should the works be executed in the rainy season because the field assessment and crop valuation was largely done in the dry season. The community members expressed the need for compensation provision to be made for destruction of such crops.

Kpando Fesi and Nkonya Ahenkro Township Lines The main road through these communities has been reconstructed and as a result many existing buildings are now very close to the road. However, provision for road crossing by pipelines was made by the laying of ducts across the road through the township where appropriate. These ducts should be utilized in order to avoid road cutting as well as demolishing of properties especially buildings which could be avoided.

At Kpando Fesi, the community indicated that the existing small town water supply lines should be followed in order to avoid many buildings. At Nkonya Ahenkro, the ECG low tension line route can serve as an alternative route for the proposed pipeline to be laid on the right hand side of the main road in order to avoid the demolishing of many properties.

Proposed Agbenoxoe – Dafor Adomi Pipeline This proposed line crosses the Volta Lake at Agbenoxoe. Climate change conditions and the rise of the Volta Lake in recent times have made this section of the lake which usually recedes during the dry season to be full of water for the past two years and therefore difficult to cross or lay pipe. An alternative proposal is to extend the pipeline from Ahondwo to Dafor Adomi (about 8 minutes drive) in order to avoid crossing of the Volta Lake. The designs make provision for extension of pipeline from Nkonya Ahenkro to Ahondwo and therefore should be possible to continue the line to Dafor Adomi.

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Disclosure

What has been done

Declaration of cut-off dates The PAPs were directly informed and are aware about the project and the cut-off dates. This was done during the census and socio-economic survey. This is to ensure that no new construction or capital investment or improvements are made on the affected property and also no new entrants are allowed on the site.

What needs to be done

Draft RAP Disclosure The World Bank (WB) requires that the draft RAP be submitted for public disclosure purposes. The disclosure will take the form of in-country as well as infoshop disclosures.

In-country Disclosure Process The Project Management Unit (PMU) of the GWCL as well as the Ghana office of the World Bank will first review the draft report.

After the project teams (GWCL-PMU/Ghana office WB team) internal reviews the drafts will be sent to ASPEN in Washington for their review and clearance for in-country disclosure. The consultant will incorporate any comments from ASPEN into the draft reports before the in- country disclosure.

The PMU of GWCL should ensure that copies of the cleared RAP or extracts of the cleared RAP (core report without annexes) are sent to the Kpando District Assembly at Kpando, to enable the PAPs, and other stakeholders such as Assemblymen or women and opinion leaders access the document. A public notice of the RAP disclosure should be placed at the Assembly, traditional council and the post office to inform the public about the presence of the documents at the assembly. A local radio announcement should also be made to that effect.

Duration of in-country Disclosure In view of the fact that the impacts are considered to be of relatively low magnitude and the compensations appear straightforward, a maximum of 14 days (from date of public notification) would be allowed for receipt of public comments from the in-country disclosure.

Public response to in-country Disclosure GWCL/PMU will collate feedback from the in-country disclosure and relay them to the consultant to be incorporated into the draft Final RAP.

Infoshop Disclosure

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Copies of the Final RAP will be submitted in electronic form to the Ghana office WB. The Ghana office WB will forward these to the WB infoshop in Washington for disclosure.

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ORGANISATIONAL RESPONSIBILITIES

Key Institutions

The main organisations to be involved with the implementation of the RAP are: Project Management Unit (PMU) of the GWCL, Accra; GWCL Regional Office in Ho; GWCL District offices at Kpando and Peki; Environmental Protection Agency (EPA) Regional office, Ho (resource personnel); Land Valuation Division (LVD) Regional Office, Ho (resource personnel); Kpando District Assembly, Kpando (resource personnel and facilitator); Biakoye District Assembly, Nkonya Ahenkro (resource personnel and facilitator);and Traditional authorities (resource personnel and facilitator).

RAP Management Team

One RAP Management Team has been proposed to oversee the implementation of the RAP in the Volta Region. The Volta Region package is distributed over five major towns namely Kpando, Sovie, Anfoega, Nkonya Ahenkro and Peki. The towns are not widely separated apart and can be handled by one RAP implementation team without much difficulty. The organisational chart for the implementation of the RAP is shown in Figure 2 .

The RAP Management Team will consist of three sub-teams namely IV. Compensation Disbursement Team; V. Grievance Redress Team; and VI. Monitoring and Evaluation Team.

The Compensation Disbursement Team will be responsible for organising and ensuring that compensations payable to PAPs are made in line with the provisions and procedures of this RAP.

The Grievance Redress Team will be responsible for receiving and logging complaints and resolving disputes. The team will undertake follow-ups on all measures taken to resolve each grievance or dispute to ensure that redress actions are implemented by whoever is mandated to undertake such action.

The Monitoring and Evaluation Team will be responsible for the monitoring of the RAP implementation programme to ensure that stated targets are met and project affected persons are duly compensated in line with the RAP requirements.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 30 August 2011. SAL Consult Ltd GWCL/PMU

PMU/GWCL

REGIONAL GWCL

CONTRACTOR

EPA/LVD RAP MANAGEMENT MA/DA & TEAM DISTRICT GWCL

PROJECT AFFECTED PEOPLES (PAPs)

Figure 2 Organisational Chart for RAP Implementation

MA/DA ------Municipal and District Assemblies

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 31 August 2011. SAL Consult Ltd GWCL/PMU

The compensation disbursement team will comprise of: • GWCL Head office – Estate Officer; • PMU LICS Officer; • Representative -Regional GWCL; • Representative- -District GWCL; • The local Assemblyman or woman; and • A representative of the traditional council/authority.

The grievance redress team will comprise of: • The District Co-ordinating Director or his/her representative (Assembly); • The Regional General Manager –GWCL or his/her representative; • The local Assemblyman/woman or representative of the community; • Representative of LVD; • EPA Representative; and • PMU Director or his representative.

The monitoring team will comprise of: • PMU LICS Officer; • Representative -Regional and District GWCL; and • Representative -District Assembly.

The project implementation will be under the overall guidance of the office of the Project Director, Project Management Unit (PMU) of the GWCL in Accra. The GWCL/PMU will collaborate with the various RAP Management Teams to ensure that project impacts are addressed promptly. The GWCL/PMU will also formally notify the contractor/supervising consultant on the various concerns of stakeholders and PAPs as captured in this RAP in order to minimise conflicts.

The GWCL/PMU will also ensure that all financial and logistics required by the various RAP Management Teams to function properly are provided. All the various management teams will report to the Project Director, GWCL/PMU through the Regional Director, GWCL.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 32 August 2011. SAL Consult Ltd GWCL/PMU

GRIEVANCE MANAGEMENT The involvement of PAPs in the entire resettlement programme is expected to minimise conflicts and disputes. Nonetheless, appropriate channels have been created for PAPs to express a grievance against the resettlement/compensation programme as well as the activities of the contractor.

Objective

The objective of the grievance redress process is to achieve the following: ♦ Provide affected people with avenues for making a complaint; ♦ Ensure that redress actions are appropriate and acceptable to parties involved; ♦ Verify that complainants are satisfied with redress action; and ♦ Avoid the need to resort to judicial proceedings/court of law.

The Grievance Redress Process

The general steps of the grievance process comprise: ♦ Receipt of complaints; ♦ Determining and implementing the redress action; ♦ Verifying the redress action; and ♦ Dissatisfaction and alternative actions.

Receipts of complaints

Complaints can be lodged verbally or in writing to the offices of GWCL at Kpando (for communities and towns in the Kpando and Biakoye Districts) and Peki (for Peki and Todome communities). The local Assemblyperson for the area will also be allowed to receive complaints and ensure that such complaints reach the appropriate office of GWCL. All complaints received shall be logged at the receiving GWCL office. The team leader for the grievance redress team will be informed accordingly

Determining and implementing the redress action

The grievance redress team will determine the redress action in consultation with the complainant if necessary. The proposed redress action and the timeframe in which it is to be implemented will be discussed within 1 weeks of receipt of the grievance. The grievance issue should be resolved within 2 weeks of receipt of complaints. The grievance redress team may engage GWCL or any other appropriate organisations or individuals to act on its behalf.

Verifying the redress action

The grievance redress team or a designated member will visit the affected property site or get in touch with the complainant to confirm that the redress action is carried out. If the complainant is

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 33 August 2011. SAL Consult Ltd GWCL/PMU

not satisfied with the outcome of the redress action, additional steps will be taken to resolve the issue or reach an amicable agreement. Verification will be completed within 3 weeks of receipt of complaint.

Dissatisfaction and Alternative Actions

If the complainant is not satisfied with the decision of the grievance redress committee, he/she can bring it to the attention of the district assembly (specifically the District Chief Executive). The district assembly in consultation with the District GWCL will set up an appropriate mediation team at the project town level to resolve the issue within 2 weeks from the date of receipt of such a decision at the assembly level.

Membership of the mediation team will include: • A representative from the district assembly; • A representative from a Religious body; • A representative from the Traditional Council/Authority; • A representative from the community, preferably the Assemblyman/woman or Unit Committee Chairperson; and • A representative from a development oriented NGO/CBO.

If the complainant still remains dissatisfied with the mediation effort of the district assembly, the complainant has the option to pursue appropriate recourse via judicial process in Ghana.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 34 August 2011. SAL Consult Ltd GWCL/PMU

MONITORING AND EVALUATION The RAP monitoring measures will have two components and these include: ♦ Internal monitoring and evaluation by the monitoring and evaluation team; and ♦ RAP completion audit by GWCL/PMU.

Internal Monitoring and Evaluation

Purpose and Responsibility

The purpose of the internal monitoring and evaluation will be to verify that: ♦ Actions and commitments described in the RAP are implemented; ♦ Eligible people to be affected by the project receive their full compensation; ♦ Complaints and grievances lodged by PAPs are followed-up and resolved; and ♦ Infrastructural reinstatement works are carried out.

The monitoring and evaluation unit of the RAP Management team will carry out the routine internal monitoring and evaluation assignments so as to ensure that the other teams follow the schedule and comply with the principles of the RAP. The monitoring and evaluation unit will provide the Project Director of GWCL/PMU and the Regional Director with feedback on RAP implementation.

The monitoring and evaluation will be the main mechanism to alert the PMU of any delays and problems and these activities will help measure the extent to which the main objectives of the RAP have been achieved.

Methodology and Procedure

These include: ♦ Identify the major indicators (e.g. type of property, name of claimant, amount of compensation paid, date of payment, payee of the compensations, reinstatement of the affected structure) to be monitored and formulate corresponding tables for the units concerned to fill in every month or bi-weekly; ♦ Visit the project affected areas periodically so as to gauge the level of community satisfaction with regard to resettlement and reinstatement issues; ♦ Use social accountability tools like community score cards for participatory monitoring and evaluation; ♦ Convene regular meetings to report on progress of the resettlement actions; and ♦ Document and report on all findings.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 35 August 2011. SAL Consult Ltd GWCL/PMU

The representative of the District Assemblies will use social accountability tools like community score cards during visit to the project affected areas to gauge level of community satisfaction with regard to the implementation of the resettlement related issues.

Reporting

The monitoring unit will submit periodic (preferably bimonthly) reports to the GWCL/PMU, and copied to the Regional GWCL. The report will at least cover status of compensation disbursement, nature of complaints, redress actions and follow-ups.

Completion Audit

World Bank Group guidance (OP 4.12) states that upon completion of the project, the project proponent oversees an assessment to determine whether the objectives of the resettlement programme have been achieved.

The audit will allow the GWCL/PMU, and other relevant stakeholders to verify that all resettlement measures identified in the RAP have been implemented, and that compensation and reinstatement works have been completed in compliance with OP 4.12.

Responsibility and Timeframe

The PMU/GWCL is solely responsible for the completion audit. However, the assignment can be contracted out to external auditors or consultants. The completion audit is to be undertaken on completion of the RAP timetable.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 36 August 2011. SAL Consult Ltd GWCL/PMU

IMPLEMENTATION SCHEDULE The RAP implementation schedule defines the duration and timing of key milestones and tasks as provided in the table below.

Table 8 Implementation Plan Main tasks Specific tasks Responsibility Timelines Comments Consultations Consultations with SAL Consult Sept 2010, and Completed and PAPs/ communities Feb. 2011 Preparation of Census, Socio-economic SAL Consult February 2011 Completed draft RAP survey, Valuation and Report declaration of cut-off dates Draft RAP Report SAL Consult April 2011 Draft stage- completed Draft RAP Draft RAP internal PMU/GWCL and WB June 2011 Completed Review and in- review Ghana office country Draft Final RAP review WB ASPEN August 2011 - Disclosure Draft Final RAP in- GWCL/PMU September 2011 14 days proposed country Disclosure Final RAP and RAP Finalisation SAL Consult September 2011 - infoshop Infoshop Disclosure WB Ghana office October 2011 - Disclosure RAP Formation of RAP GWCL/PMU October 2011 - Implementation Management Team

Compensation Compensation Team/ November 2011 - disbursement GWCL-PMU Construction Construction and pipe Top International November 2011 to Pipe laying and laying Engineering (Gh) Ltd. end of Project compensation payment should be synchronised Reinstatement works Top International November 2011 to Reinstatement Engineering (Gh) Ltd end of project should go along /Project Affected with pipe laying Person Grievance redress Redress Team November 2011 to - end of Project Monitoring and Internal monitoring and Monitoring Team November 2011 to - Evaluation evaluation end of project Completion Audit PMU/GWCL 2 months period To start after end of Project

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 37 August 2011. SAL Consult Ltd GWCL/PMU

COST AND BUDGET

RAP Budget

The proposed budget for the implementation of the RAP is presented in Table 9. The budget describes the estimated cost for each of the resettlement activities. The proposed budget of GHC232,208.81 (USD157,965.17), is subject to update and revision during the implementation.

Table 9 Proposed RAP Budget No. Cost item Estimated cost Comment GHC USD 1.0 Budget for RAP management and Include allowances for RAP implementations Management Team members, grievance redress costs 1.1 RAP Management Team 6,000.00 4,081.63 To be shared equally among all 3 teams 1.2 Completion Audit 6,000.00 4,081.63 Local expert engagement cost 1.3 Sub-total –RAP Implementation 12,000.00 8,163.26 Rap Management Teams

2.0 Compensations to PAP Based on full replacement cost as well as loss of income/ supplementary assistance) 2.1 Compensation payable 209,151.25 142,279.76 Total compensation payable in the Volta Region 3.0 Sub-total-all of above 221,151.25 150,443.02 (No. 1.3 + No. 2.1) 4.0 Contingency 11,057.56 7,522.15 5% of sub-total-all of above (3.0) 5.0 Total RAP Budget 232,208.81 157,965.17 Subject to review during implementation USD1.00 = GHC1.47, Source: Ecobank, Osu Branch, June 2011

Source of Funding

The GWCL through the Ministry of Finance and Economic Planning will provide funds for the RAP activities on behalf of the Government of Ghana. GWCL will also pay compensation directly to the affected people through the various implementation teams to be formed for that purpose.

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 38 August 2011. SAL Consult Ltd GWCL/PMU

ANNEXES

Annex 1 Authentic and Realistic Crop Rates Applied Annex 2 Land Valuation Division approved Crop Rates Annex 3 Crops Valuation and Compensation Annex 4 Certification of Value Annex 5 Profile of affected people /properties Annex 6 Compensation Claim Form Annex 7 Compensation Receipt for Claimant Annex 8 List of stakeholders and persons contacted Annex 9 Land acquisition contract form

Volta Region RAP (Revised). Assessment of the Resettlement related issues on the SYIP in Area 3: Phase 2. Page 39 August 2011.