RP1 36 Volume 3 The Federal Democratic Republic of Ethiopia Ethiopian Roads Authority (ERA) Public Disclosure Authorized Public Disclosure Authorized Ethiopia Road Sector Development Support Program Phase Two (RSDSP) II Public Disclosure Authorized Resettlement Planning - Volume H Compilation of Resettlement Action Plansfor S Roads * Woreta - Woldiya & Adigrat - Shire/Indasilase * Dera - Mechara * Nazareth - Assela - Dodola and Shashemene - Goba V- * Nekempt - Mekenajo v/ Public Disclosure Authorized FL O Addis Ababa February 15. 2003 Table of Contents Page 1. Abstract 3 2. Nazareth - Assela - Dodola and Shashemene - Goba RAP 140 3. Nekempt - Mekenajo Road RAP 203 2 l.Abstract This Volume II presents the resettlement planning consisting of the detailed action plans (RAPs) executed for each of the five road projects that are proposed for Intemational Development Association (IDA) financing under the Road Sector Development Support Program Phase II (RSDSP II). Volume I of the report which is presented separately consists of two main parts, the Resettlement Policy Framework of the Ethiopian Roads Authority (ERA), and the summaries of the five roads resettlement action plans (RAPs). The detailed RAPs for the five roads are compiled in Volume II of RSDSP II resettlement planning document. The Resettlement Policy Framework endorsed by the Federal Government of Ethiopia and the World Bank, governs all resettlement operations to be implemented by the ERA. The Framework his been the resettlement/rehabilitation instrument used in the implementation of the Ethiopia Road Sector Development Program. The proposed program for IDA financing is planned to be delivered through an Adaptable Program Lending (APL) Instrument. The roads which are covered by this resettlement planning are proposed to be included under the Phase I and II of the APL. The different sections of roads proposed for consideration under APL I and APL 2 are parts of the five roads, selected out of the seven roads, for which IDA support has been provided under Credit 243 8-ET to prepare the feasibility studies and environmental impact assessments. as well as detailed engineering design review, s leading to contractor pre-qualificationm The need to prepare these plans wvas identified in the EIA's conducted and included in separate reports. The five resettlement action plans (RAPs) for RSDSP II have been prepared by twvo national Ethiopian consultant firms. The dissemination of these RAPs will be followed by a capacity building workshop in social assessment in the aim to enhance the capacity of ERA, Regional Roads Authorities, social scientists from the private and public sector. and other stakeholders. The five RAPs, are the first to be produced by the ERA. The work was supervised by the Environmental Monitoring Unit of the ERA with technical support from the World Bank. The RAPs presented in this document cover people and property affected bv road rehabilitation and construction operations along the five roads. Assets to be affected include strips of farmland, parts of fences, a limited number of houses and good number of trees. A total of 7417 persons will be affected along the 1,257 1m of roads that will be built in various locations. Most Project Affected People (PAPs) who lose houses, are located in urban areas traversed by the road alignments and where road encroachment is a strategy for survival. 3 1.Abstract This Volume II presents the resettlement planning consisting of the detailed action plans (RAPs) executed for each of the five road projects that are proposed for International Development Association (IDA) financing under the Road Sector Development Support Program Phase II (RSDSP II). Volume I of the report which is presented separately consists of two main parts, the Resettlement Policy Framework of the Ethiopian Roads Authority (ERA), and the sumnmaries of the five roads resettlement action plans (RAPs). The detailed RAPs for the five roads are compiled in Volume H of RSDSP II resettlement planning document. The Resettlement Policy Framework endorsed by the Federal Governnent of Ethiopia and the World Bank, govems all resettlement operations to be implemented by the ERA. The Framework hlis been the resettlement/rehabilitation instrument used in the implementation of the Ethiopia Road Sector Development Program. The proposed program for IDA financing is planned to be delivered through an Adaptable Program Lending (APL) Instrument. The roads which are covered by this resettlement planning are proposed to be included under the Phase I and II of the APL. The different sections of roads proposed for consideration under APLI and APL 2 are parts of the five roads, selected out of the seven roads, for which IDA support has been provided under Credit 243 8-ET to prepare the feasibility studies and enviromnental impact assessments, as well as detailed engineering design reviews leading to contractor pre-qualification. The need to prepare these plans was identified in the EIA's conducted and included in separate reports. The five resettlement action plans (RAPs) for RSDSP II have been prepared by two national Ethiopian consultant firms. The dissemination of these RAPs will be followed by a capacity building workshop in social assessment in the aim to enhance the capacity of ERA, Regional Roads Authorities, social scientists from the private and public sector, and other stakeholders. The five RAPs, are the first to be produced by the ERA. The work was supervised by the Environmental Monitoring Unit of the ERA with technical support from the World Bank. The RAPs presented in this document cover people and property affected by road rehabilitation and construction operations along the five roads. Assets to be affected include strips of farmnland, parts of fences, a limited number of houses and good number of trees. A total of 7417 persons will be affected along the 1,257 km of roads that will be built in various locations. Most Project Affected People (PAPs) who lose houses, are located in urban areas traversed by the road alignments and where road encroachment is a strategy for survival. 3 Mitigation measures to address resettlement/rehabilitation issues have been prepared and appropriate budgets established. The total budget for the implementation of the five RAPs for APL 1 and APL 2, has been estimated at 51,223,529.00 Ethiopian Birr, or about US 6,026,298 dollars, compared with the total estimated project works implementation budget of US 462,000,000 dollars (estimated 140million in APL 1 and 322 million, APL 2.), it will come out to, 1.3 % of the total project works budget. The proposed financing involves the Rehabilitation and upgrading of the following Federal Roads; * Adigrat - Adwa -Shire/Indasilase Road (193 kIn) * Dera - Mechera Road (240 kIn) * Nazareth - Assela - Dodola and Shashemene - Goba Road (397 kIn) * Neker,pt- Mekenajo Road (127 kIn) * Woldiya - Werota Road (300 km) The works will consists of (i) the Rehabilitation and upgrading of 1017 Km of Federal Roads to asphalt pavement, out of which 79 Km is the rehabilitation of an asphalt paved trunk road, while the reaming 926 km is upgrading of gravel trunk and link roads to paved roads. (ii) the rehabilitation and upgrading of sections of the Dera -Mechara road to a higher gravel roacL Main Findings - Basic Data Number oAProject Affected Persons No of Affected Cost Estimates Road Km Households No of PAPs In MilL Bur Adigrat - Adwa - Shire/Indasilase Road 193 km 151 755 5,971,126 Dera-Mechera road 240 Ian 321 2,994 15,900.000 Nazareth - Assela - Dodola and Shashemene - Goba Road 397 km 57 416 8,070,000 Nekempt - Mekenajo Road 127 km 87 607 12,570,000 Woldiya - Woreta Road 300 km 529 2645 8,712,403 SUB TOTAL 1,257 kn 1,145 7,417 51 23,529 4 Resettlement Action Plan Nazareth - Assela - Dodola and Shashemene - Goba 140 TABLE OF CONTENTS I LIST OF ABBREVIATIONS ....................... 143 2 EXECUTIVE SUMMARY ............ ... ........ 144 2.1 Introduction 144 2.2 Project Description and Justification .144 2.3 Description of the Project Area .144 2.4 Legal Framework .145 2.5 Potential Social Impacts and Mitigation Measures .145 2.6 Implementation of RAP and Monitoring Plan .147 3 INTRODUCTION ............... 148 3.1 Background 148 3.2 Objectives of the RAP .148 3.3 Methodology 148 3.4 Report Structure .150 2.5. The Team Composition for the Preparation of RAP .150 4 DESCRIPTIONS OF THE PROJECT ROADS . .......................152 4.1 Background 152 4.2 Nazareth-Assela Section .152 4.3 Assela -Dodola Section .153 4.4 Shashemene - Dodola Section .153 4.5 Dodola - Goba Section .153 5 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ........ 154 5.1 Policy Framework ................................ 154 5.1.1 The Constitution of FDRE ................................ 154 5.1.2 Environmental policy of Ethiopia ................................ 156 5.2 Review of Relevant Laws and Regulations at the Federal and Regional Levels 158 5.2.1 The Rural Lands Administration and Utilisation Proclamation .......... 158 5.2.2 Oromia Rural Land Use And Administration Proclamation (Draft).. 158 5.3 Legal Framework for the Expropriation and Compensation of Property 159 5.3.1 Expropriation ............................................................. 160 5.3.2 Right of Way ............................................................ 161 5.3.3 Property to be Compensated ............................................................ 162 5.3.4 Compensation and Valuation Procedures and Methods ....................... 162 5.4 Institutional and Administrative