SUSTAINABLE RURAL WATER AND SANITATION PROJECT - ADDITIONAL FINANCING CONSTRUCTION OF LAMBUSSIE SMALL TOWN PIPED WATER SYSTEM (LAMBUSSIE DISTRICT ASSEMBLY) ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) By Safeguards Teams: Lambussie District Assembly & Community Water and Sanitation Agency 12th October 2018 Page 1 of 53 Contents 1.0 Introduction .............................................................................................................................. 11 2.0 ARAP Principles ......................................................................................................................... 13 3.0 Description of the Lambussie Water System ................................ Error! Bookmark not defined. 3.1 Socio-Economic Conditions ....................................................... Error! Bookmark not defined. 3.2 Socio-economic and Rick Assessment of PAPs ......................... Error! Bookmark not defined. 3.2.1 Economic ........................................................................... Error! Bookmark not defined. 3.2.2. Social-Aspects ......................................................................... Error! Bookmark not defined. 3.2.3 Affected Assets ................................................................. Error! Bookmark not defined. 3.2.4 Livelihood / Vulnerability .................................................. Error! Bookmark not defined. 4.0 Project Affected Persons (PAPs) ................................................... Error! Bookmark not defined. 5.0 Consultations with PAPs ............................................................... Error! Bookmark not defined. 5.1 Outcome of Consultation .......................................................... Error! Bookmark not defined. 5.2 Potential Risk of PAPs ............................................................... Error! Bookmark not defined. 6.0 Valuation ....................................................................................... Error! Bookmark not defined. 6.1 Buildings and Structure: ............................................................ Error! Bookmark not defined. 6.2 Farm crops and trees ................................................................ Error! Bookmark not defined. 6.3 Standing trees ........................................................................... Error! Bookmark not defined. 6.4 Loss of Income .......................................................................... Error! Bookmark not defined. 6.5 Disturbance Allowance ............................................................ Error! Bookmark not defined. 7.0 Eligibility of PAPs ........................................................................... Error! Bookmark not defined. 8.0 Payment of Compensation ........................................................... Error! Bookmark not defined. 8.1 Minimizing land compensation payment ................................. Error! Bookmark not defined. 8.2 Compensation payment Compensation principles ................... Error! Bookmark not defined. 8.3 Compensation Payment Team .................................................. Error! Bookmark not defined. 8.4 Role of the Compensation Payment Team ............................... Error! Bookmark not defined. 9.0 Budget for Compensation Payment .............................................. Error! Bookmark not defined. 10.0 Voluntary Land Donations ............................................................ Error! Bookmark not defined. 11.0 Grievance Redress Mechanism ..................................................... Error! Bookmark not defined. 11.1 Grievance Team ........................................................................ Error! Bookmark not defined. 11.2 Safeguards Social Services Support Teams (S4Ts) .................... Error! Bookmark not defined. 12.0 ARAP Implementation................................................................... Error! Bookmark not defined. 12.1 Institutional Responsibilities for Implementing the ARAP ........ Error! Bookmark not defined. 13.0 Monitoring and Evaluation ....................................................................................................... 53 14.0 Conclusion ..................................................................................... Error! Bookmark not defined. Page 2 of 53 List of Tables Table 1: Profile of Lambussie Water System ............................................ Error! Bookmark not defined. Table 2: PAPs on key component of Water System ................................. Error! Bookmark not defined. Table 3: Potential Risk of PAPs.................................................................. Error! Bookmark not defined. Table 4: Eligibility of PAPs ......................................................................... Error! Bookmark not defined. Table 5: Entitlement and Eligibility of PAPs .............................................. Error! Bookmark not defined. Table 6: Budget for Preparation and Implementation of ARAP ............... Error! Bookmark not defined. Table 7: Entitlements of PAPs on borehole sites ..................................... Error! Bookmark not defined. Table 8: Entitlements of PAPs on High Level Tank sites .......................... Error! Bookmark not defined. Table 9: Entitlements of PAPs on Transmission lines .............................. Error! Bookmark not defined. Table 10: Entitlements of PAPs on Distribution lines .......................................................................... 28 Table 11: Entitlements of PAPs on Water System Management Office Site ......... Error! Bookmark not defined. Table 12: Entitlements of PAPs on stand pipe sites ................................. Error! Bookmark not defined. Table 13: Entitlements of PAPs on Electro managmentic component sites .......... Error! Bookmark not defined. Table 14: Grievance Redress Structure ..................................................... Error! Bookmark not defined. Table 15: ARAP Implementation Schedule ............................................... Error! Bookmark not defined. Table 16: Institutional Responsibilities for ARAP implementation ........... Error! Bookmark not defined. List of Acronyms AF- SRWSP – Additional Financing - Sustainable Rural Water and Sanitation Project ARAP – Abbreviated Resettlement Action Plan CWSA - Community Water and Sanitation Agency EPA – Environmental Protection Agency LVD - Land Valuation Division MMDA - Metropolitan, Municipal and District Assembly PAPs - Project Affected Persons S4Ts - Social Safeguards Support Services Team WB - World Bank Page 3 of 53 Definition of terms Concept/term Definition/meaning Compensation: Payment in cash and / or in kind for an asset or resource that is adversely affected by the Project. Cost of The reasonable expenses incidental to any necessary change of residence or Disturbance place of business by any person having a right or interest in the land; Economic Loss of definable income streams or means of livelihood resulting from displacement: Project-related land acquisition in the Project Footprint and/or obstructed access to the resources (land, water, or forest) located therein for which a recognized right of access exists. Entitlement: The compensation, rights and assistance measures offered by this Abbreviated Resettlement Action Plan Involuntary Resettlement is involuntary when the affected persons or communities do Resettlement: not have the right to refuse land acquisition or restriction on land use that result in displacement. Livelihoods Programs that will provide Project Affected Households with a viable restoration: opportunity to restore their livelihoods to pre-Project levels. Market value The sum of money which the land might have been expected to realise if sold in the open market by a willing seller at the time of the declaration Physical Relocation or loss of residential land and/or non-residential structures and displacement: physical assets because such structures / assets are located in the Project Footprint. Project Affected Any person who, as a result of the Project, loses an existing recognized right Person: to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture),annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Replacement Value 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 a time and shall be the amount required for reasonable re-instatement equivalent to the condition of the land at the date of the said declaration. Resettlement: A compensation process through which physically displaced households are provided with replacement plots and residential structures at a resettlement community Abbreviated A public document which specifies the procedures and actions to be Resettlement undertaken to mitigate adverse effects, compensate losses, and provide Action Plan development benefits to project affected households. ARAP is (ARAP): recommended for less than 200 PAPs. Stakeholders: Persons or groups who are affected by or can affect the outcome of the Project. Stakeholders may be individuals, interest groups, government agencies, or corporate organizations. Vulnerable: Project Affected People who, by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Source: State Lands Act, 1962, Act 125, World Bank, OP 4.12 Page 4 of 53 Summary of the Resettlement Core Data Nos. Variables Data 1 Country Ghana 2 Region/Province Upper West Region 3 Commune Lambussie 4 Arrondissement/Village Lambussie 5 Activities that requires temporary or permanent Laying of pipelines, construction high level lands tank, stand pipes and Water System Management Office 6 Project Total Cost GHS 4,096,145.33 7 Total Resettlement Cost GHS 1,866.76 8 Number of Affected People (PAP) 11 PAPs 9 Number of Affected Households (AH) 11 Households 10 Number of major PAP 11 PAPs 11 Total number of right-owners of affected crops 11 12 Total areas of expropriated land in hectare (ha) Estimated Total = 1.5 hectares 1m*15,625m parcel of land for distribution pipelines, 1m*4,370m parcel of land for transmission pipelines, 14 number 5m*7m parcel of land for standpipes, 25m*30m parcel of land for office building and 15m*15m parcel of land for high level tank 13 Number of farm (crop) to be damaged 11 14 Number of street-sailors displaced 11 Page 5 of 53 EXECUTIVE SUMMARY The Community Water and Sanitation Agency is being supported by the World Bank to construct Small Town Piped Water System in Ghana under the Additional Financing of the Sustainable Rural Water and Sanitation Project (AF-SRWSP). The AF-SRWSP is aimed at improving access to potable water and improved sanitation in rural communities and small towns in Ghana. As parts of the project, one Small Town Piped Water System will be constructed to deliver water to the Lambussie community in the Upper West Region. 1. Compensation Summary In all, 11 Project Affected Persons (PAP) were identified which requires that processes for involuntarily land acquisition is triggered as per the World Bank Policy guidelines (OP 4.12) and the Resettlement Policy Framework of the SRWSP. All 11 were major PAPs whose cultivated crops (cassava, maize, guinea corn, okro) along the right of way will be trenched through for the construction of distribution and transmission lines. The 11 PAPs are entitled to cash compensation as determined by the Lands Valuation Division of the Lands Commission of Ghana. 2. Description of the Project / resettlement The construction of the Lambussie Small Town Piped Water System requires the establishment of source, laying of transmission and distribution pipelines, construction of Water System Office, High level tanks and pump house. The construction of the key components of the water system will require damage of crops (cassava, maize, guinea corn, okro). The 11 PAPs whose cultivated crops are in the right of way will be compensated at full replacement of cost with additional 10% disturbance allowance of the total compensation as per Ghanaian Resettlement Regulation. 3. Objectives of the ARAP The purpose and objective of the Abbreviated Resettlement Action Plan (ARAP) is to outline a set of mitigation and monitoring measures that will be used to curtail or minimize to acceptable levels the adverse social impacts that may occur during the construction of the small town piped water system. The methodology and approach to the preparation of the ARAP involved site verification visits, consultation with relevant stakeholders, review of literature, generation of baseline data, and identification of social issues associated with the construction works. The preparation of this Abbreviated Resettlement Action Plan (ARAP) is in response to the planning, implementation and monitoring processes required to ensure that people are better or at least, not made worse off than they were before the construction of the water system. The ARAP considered policies and laws guiding land and property acquisition, ownership and compensation in Ghana including the Constitution of the Republic of Ghana, Administration of Lands Act, 1962 (Act 123), State Lands Act, 1962 (Act 125) and State Lands Regulations 1962 (LI 230). Other policy documents considered in the preparation of the ARAP were the State Lands (Amendment) (No.2) Regulations 1963 (LI 285), Lands (Statutory Way Leaves) Act, 1963 (Act 186) and the World Bank Operational Policy OP 4.12. 4. Socio-Economic Characteristics of PAPs A survey was conducted to assess the socio-economic characteristics of the PAPs. All 11 PAPs (100%) were males. In assessing the literacy levels of the PAPs, 7 out of the 11 PAPs Page 6 of 53 representing 63.6 % were illiterate but only 4 (36.4%) were literate. The survey also revealed that all PAPs (100%) were natives of the community. In relation to livelihood, all 11 PAPs (100%) were farmers and depends on farming for their livelihood. The livelihood of the PAPs will be affected during the trenching for the laying of pipelines some of the crops within the right of way will be damaged. All the PAPs whose crops and livelihood will be affected will be compensated for the full replacement cost of the damaged items in addition to loss of income and disturbance. The PAPs had number of dependants mainly ranging from 1 to 9 persons. Majority of the PAPs (6) representing 54.5 % had dependants ranging below 3 persons whilst only 3 PAPs (27.2%) had 7 dependants and above. Two (2) other PAPs representing 18.1% had dependants ranging from 4 to 6. 5. Socio-economic of the project on the PAPs The lands that will be used for the laying of pipelines largely belong to the state (road reservations / Right of Way) whilst the land for the construction of high level tank and office space are communal lands entrusted in the hands of the chief. There are no structures, crops or other form of asset on the land. All the 11 PAPs will have their crops damaged as a result of trenching for the laying of the transmission and distribution lines. The 11 PAPs will be compensated for damage of their crops at full replacement cost, loss of income and 10% disturbance allowance on the total compensation in line with the guidelines of Lands Valuation Division and in accordance with the Resettlement Policy Framework of the Project. An estimated land space of one and half hectares will be used for the construction of the water system. A total of 1m*4,370m (for transmission pipelines), 1m*15,625m (for distribution pipelines) were state lands reserved for the construction of utility lines including pipelines. There are no adverse social impact on the state (owner) since the land was reserved for the same purpose. Fourteen number 5m*7m communal lands at different locations of the Lambussie community will be used for the construction of standpipes. Twelve 15m*15m parcel of land will also be used for the construction of high level tank. These lands were reserved for development in the community by the chiefs. Two number 12m*12m piece of land however belongs to community will be used for the drilling and mechanisation of boreholes as water source to the system. 6. Legal and Institutional Framework for Resettlement The construction of the Lambussie water system require the use of long stretch of lands especially for the laying of transmission and distributions lines. As a result various land holdings will be impacted. It is therefore pertinent to consider the various land holding arrangements in the assessment of compensation and resettlement for the various interests on lands to be affected. Regulatory oversight of water sector land acquisition and resettlement activities and actions is mostly governed by the following: a. the 1992 Constitution of the Republic Of Ghana (Article 20 especially); the State Lands Act, 1962 (Act 125) and State Lands (Amendment) Act, 2000 (Act 586) –which is the principal law under which private lands could be compulsorily acquired by the President for the public benefit; b. the Administration of Lands Act, 1962 (Act 123) which facilitates the management and administration of stool lands; Page 7 of 53 c. the Lands Statutory Wayleaves Act, 1963 (Act 186) which deals with the creation and enforcement of Right of Ways (ROW); d. The National Land Policy (1999), provide guidelines aimed at enhancing land management systems, land use, conservation of land resource and enhancing environmental quality. The policy give protection to proprietary rights and promotes the concept of prompt payment of adequate and fair compensation for compulsorily acquired lands and also create the enabling environment for community participation in sustainable land management. e. The World Bank policy on Involuntary Resettlement (OP 4.12) will be applied. The policy will complement existing national regulations to ensure that resettlement and rehabilitation principles are adopted under the project. This will ensure that compensation at replacement cost, resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including the informal dwellers/squatters are well catered for under the project. f. The Resettlement Policy Framework (RPF) will serve as the guiding document for the implementing the resettlement issues under during the implementation of the project. In circumstances where gabs exist between the national regulations and the World Bank Policy, the World Bank Policy applies as stated in the RPF. Several institutions will participate in the implementation of the resettlement processes for the construction of the water system. However, key actors shall include the a. Ministry of Sanitation and Water Resource will monitor and provide technical guidance for the attainment of project targets b. Ministry of Finance will provide the financial resources for the timely implementation of projects c. Community Water and Sanitation Agency will provide the overall supervision for the implementation of resettlement issues and assist in resolving grievances under the project: d. Municipal/ District Assembly will trigger the resettlement process through inventory of affected person and asset, implement the ARAP, resolve grievances and payment of compensation in collaboration with other stakeholders such as CWSA and the community e. Lands Commission will expropriate lands for public interest including the use of land for the provision of potable water to the citizens of Ghana f. Land Valuation Division – who assist in the valuation and compensation payment process and reporting g. Community will support the District Assembly in the resettlement of Affected Persons in resolving grievances h. Safeguards Technical Team / Regional / District and Community Safeguards Team – who coordinate and provide technical support for stakeholders in the implementation of resettlement issues and associated compensation payment at the National, Regional, District and Community Levels. 7. Compensation Plan Page 8 of 53 The Lambussie District Assembly with support from Community Water and Sanitation Agency set 10th August 2018 as the cut-off date for the determination of PAPs. Based on the cut-off date the joint team captured all the affected asset and PAPs. The date was agreed on by all stakeholders including the chief and elders of the Lambussie community and Community Safeguards Team. The cut-off date was announced to the entire community in a general community meeting on 3th August 2018 and the rationale behind the cut-off date explained to all stakeholders. The project identified 11 right owners of crops that will be affected by the construction of the water system. Different eligibility and entitlement will be applied to the various categories of PAPs as per the Resettlement Policy Framework and at values determined by the Lands Valuation Division of the Lands Commission. According to the World Bank’s Involuntary Resettlement Policies OP 4.12, PAPs may be eligible for compensation and resettlement assistance if they: a. Have formal legal rights to land (including customary and traditional rights recognized under the Lands Act. b. Do not have formal legal rights to land at the time the census begins but have a recognizable legal right or claim to such land or assets. c. Have no recognizable legal right or claim to the land they are occupying (i.e. squatters, ownerships under dispute, etc). The State Lands Act 1963 section 6(1) of the Government of Ghana also state that any person whose property is affected by public projects shall be entitled to compensation. As a result the census identifies three main eligible PAPs who all do not have formal legal rights to land at the time the census began but have a recognizable legal right or claim to such assets and will be provided with the following entitlement: The 11 PAPs whose crops will be destroyed (during trenching for the laying of pipelines) will receive cash compensation at full replacement value and additional loss of income and disturbance allowance of 10% of total compensation value. As per the OP 4.12 the compensation principles to be used include payment of adequate compensation, payment of compensation prior to displacement or destruction of assets at full replacement value as determined by the Lands Valuation Division of the Land Commission of Ghana. Consultations with PAPs and host communities were carried out mainly to establish impacts and risks that PAPs will face due to relocation, and also to sensitize them on the impact of the project. The 11 PAPs were properly consulted in three separate meetings organised with their active participation to address their concerns. In addition, each PAP was consulted on one- on-one basis. In these consultations, the CWSA was guided by the need to ensure Free-Prior- and Informed Consultation with the PAPs. The entitlement sheets were endorsed by the PAPs confirming their readiness to accept their compensation packages. This exercise was necessary in order to solicit for feedbacks from the PAPs. The total cost of compensation for affected crops of PAPs is estimated at One Thousand Eight Hundred and Sixty- Six Ghana Cedis, Seventy-Six Pesewas (GHS 1,,866.76) Page 9 of 53 8. Arbitration and Grievance Redress Grievance expression and management mechanism has been established to involve the already existing local structures at the community level, district, regional and national levels. By this approach, the gender-based teams called Safeguards Teams are responsible to ensure that grievances are timely resolved. The Safeguards Teams have been trained and resourced with grievance redress sheets to document and keep complaints and grievances. The Safeguards Teams receives complaints through varying means including one–on–one meeting, telephone calls, during community meetings and other means deemed convenient and appropriate by the aggrieved persons. Text messages is another means by which aggrieved persons can channel their complaints to them. If the grievance is not resolved within specified time, a higher safeguards team (Community-District-Regional-National) takes up the responsibility to resolves them. Aggrieved Persons who are uncertified with the outcome of community, district, regional and national team’s arbitration have the opportunity to seek redress from the law courts of Ghana. 9. Monitoring and Evaluation An ARAP monitoring and evaluation mechanism has been provided to ensure timely and successful implementation of agreed actions and the delivery of resettlement package under the project. In order to ensure that resettlement issues that are captured in the ARAP are adhered to, the following monitoring measures have been put in place; i. Compliance monitoring tools have been developed to assist effective monitoring of resettlement issues. ii. Process or impact monitoring will be carried out periodical by National, Regional and District Safeguards monitoring teams iii. ARAP completion audit will be carried out by an external consultant at the end of the project General monitoring indicators shall include: (i) documented evidence of a number of public consultations, (ii) grievance procedures in place and functioning, (iii) timely execution of resettlement arrangements, and (iv) timely and adequate compensation payment to affected parties. The PAPs and the community will actively participate in the monitoring and evaluation of resettlement issues. The monitoring outcomes and completion reports on resettlement issues will be disseminated to key stakeholders including the Ministry of Sanitation and Water Resources, Community Water and Sanitation Agency, Lambussie District, Lambussie Community and the World Bank. An estimated amount of Six Thousand Three Hundred and Eighty Ghana Cedis, Eighteen Pesewas (GHS 6,380.18) is required to implement the ARAP. Page 10 of 53 1.0 Introduction The Community Water and Sanitation Agency, intends to construct Small Town Piped Water System in the Lambussie communities of the Upper West Region. This initiative is part of the Additional Financing of the Sustainable Rural Water and Sanitation Project (AF-SRWSP) to be financed by the International Development Association of the World Bank. The AF-SRWSP is aimed at improving access to potable water and improved sanitation in rural communities and small towns in Ghana. Under the project, the Lambussie community will benefit from the construction of new water management office, high level tanks, stand pipes, distribution and transmission lines and pump houses. The water system is design to extend water to all houses in the community. The main objectives of the project are to expand access to water and sanitation facilities in rural and small town communities and strengthen local capacity to ensure sustainability of the water and sanitation facilities. The Agency recognizes that construction works will lead to physical and economic displacement of some community members. As such, affected persons will be compensated and resettled for loss of access or assets that may result from the project. In Ghana there are several pieces of legislation that support resettlement of people. These pieces of legislation include the Constitution of the Republic of Ghana, National Land Policy, the lands (statutory wayleaves) Act, 1963, the State Land Act, 162 and the Lands Commission Act 2008, Act 767. These legal frameworks have provisions for resettlement of people that may be displaced from their residential or non-residential areas in project settings. The legislation provides standard procedures for relocation of people. The regulations provide options for PAPs to be compensated for loss of assets and streams of income that came from their economic activities. The Land Valuation Division is empowered by the constitution of Ghana to carry out property valuations to provide guidance on economic compensation to cover losses in assets and economic activities. The World Bank’s resettlement policies also provide guidance to the resettlement process. Lands required for the construction of the new water system have been assessed. In order to minimize displacement of asset, properties and businesses which affects livelihood of people, state and communal lands which are unoccupied were mainly identified for construction of the water system. Several assets and properties which were to be affected were avoided through alternative routing of the pipelines. The transmission and distribution lines were mainly routed through the right of way. The right of way was considered mainly to avoid destruction of several permanent assets in the community. The ARAP therefore covers those PAPs who despite all the alternatives will still have their assets affected. According to the World Bank’s Safeguards Policy on involuntary resettlement (OP 4.12), persons who will be impacted by the project 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. The project is preparing this Abbreviated Resettlement Action Plan (ARAP) to guide the compensation process. An ARAP is prepared because the number of persons to be impacted are less than 200 persons. The ARAP preparation is to ensure that people who will be affected by the SRWSP are informed about their options and rights pertaining to compensation, consulted on offered Page 11 of 53 choices, provided with technically and economically feasible resettlement alternatives and given prompt and effective compensation at full replacement cost for losses of assets attributed directly to the project. The preparation of ARAP builds upon previous public consultations, negotiations and final agreements reached between CWSA, Chiefs and elders of Lambussie communities, Lambussie District Assembly, Environmental Protection Agency and Land Valuation Division of the Lands Commission with the aim of safeguarding the environment and social arrangements of the project beneficiaries. Brief Description of the Sub Project The Lambussie Small Town Piped Water System has the following key components detailed on table 1: Table 1: System Components Description Details 1 Sources 2 new mechanised borehole located at different areas in the community. These boreholes will have 3 installed pump houses. 2 High Level 2 new high level tanks with capacities 200m3 and 50m3 in Lambussie communities respectively 3 Transmission Lines 4,370 m 4 Distribution Lines 15,625 m 5 System Office 1 New Water System Office located in Lambussie 6 Stand Pipe 14 stand pipes located in different areas in the Lambussie Community Other key project profile are contained in table 2: Table 2: Other Key System Profile Description Details 1 Beneficiary Community(s) Lambussie Communities 2 Consultant Phibeta Consult 3 Contractor Ramex Construction Limited 4 Client Lambussie District Assembly 5 Project Facilitator Community Water and Sanitation Agency, Upper West Region 6 Beneficiary Population 7,000 7 Contract Sum GHS 4,096,145.33 8 Contract Duration 8 months 9 Proposed Start Date 1st April, 2019 10 Proposed Practical 30th November, 2019 Completion date Page 12 of 53 1.2 Sub-Project Activities, Location and Land Needs 1.2.1 Establishment of Mechanised Boreholes The Lambussie Small Town Piped Water System requires the drilling and mechanization of 2 mechanised boreholes. All two mechanised boreholes are located in the Lambussie community. Two (2) 12m*12m piece of land is required for the drilling of the 2 boreholes and construction of 2 pump houses to supply water into the 2 No. high level tank. 1.2.2: Transmission Lines A total of 4,370 m *1m length of land is required to support the laying of transmission pipelines for the construction of the Lambussie water system. The lands required for the laying of the pipes are mainly public or community lands located along the right of way. The required lands for the laying of the transmission lines mainly fall within utility zones or along roads in the Lambussie communities. No privately owned lands will be involved in the laying of transmission lines. 1.2.3: High Level Tank Two (2) 15m*15m piece of land are required for the construction of 2 No. High level tanks. The tanks will be located in the Lambussie community. The acquisition and documentation of the lands should be done before commencement of construction work. 1.2.4: Distribution Lines A total of 15,625 m*1m length of land will be required for the laying of distribution lines to various parts of the community. The main lines will be laid on public and community lands. No privately-owned lands are involved. 1.2.5: Standpipes A total of 14 No. 5m*7m pieces of land are required for the construction of 8 standpipes in the Lambussie communities. The standpipes will be located in 14 different suburbs in the Lambussie communities. The chief and opinion leaders have been consulted and lands have been released and documented for the construction of the 14 standpipes. 1.2.6: Office Building A land space of 18m*30m will be needed for the construction of Water System Management Office in Lambussie. The piece of land belonging to the Chief was selected based on its suitability for an office. The land has been demarcated by the Chief for such development. 1.3: Land Needs Justification and Minimization Lands are needed for the construction of all the key components of the water system. Communal or stool lands vested in the traditional authorities and public lands will be consider ed first in all cases to minimise individual land loss or adverse impact on people. The project will only resort to family lands and individual lands when communal or vested lands are unavailable or unsuitable for the construction of the key components to minimise adverse impacts on people. Measures will be put in place to prevent abuse of rights of PAPs. The scope of the project, lands sizes required for the construction of key components of the water system will be disclosed to the entire community and land owners at various community fora. As much as possible, the project will minimise displacement of people. Public lands along roads (right of way or road reservation) will be used for the construction of transmission and Page 13 of 53 distribution pipelines to minimise the displacement of people in the beneficiary community. Wherever inhabited dwellings may potentially be affected by a component of a project, the sub- project will be rerouted to avoid any impact on such dwellings and to avoid displacement or relocation. For major water facilities like reservoir and office buildings, minimization of land impact will be considered into site and technology selection and design criteria. 2: CENSUS SURVEY OF DISPLACED PERSONS AND VALUATION OF ASSETS 2.1 Methodology In order to adequately collect information pertaining to PAPs, project area and affected assets, quantitative method was dominantly used. Semi structured questionnaires was used to carry out a census survey of affected PAPs. Quantitative assessment was also employed in the valuation of affected assets. Data was collected through one-on-one consultation with PAPs and key stakeholders in the community including the Chiefs, land owners, Opinion leaders, Assembly members and District Assembly Staff. Through the consultations and meetings with PAPs and stakeholders coupled with field visitation, socio-economic data was collected and analysed. Method employed for the preparation of the ARAP was aimed at ensuring transparency hence, affected people were consulted and given their demonstrable acceptance to the PAP identification, consultation, valuation of asset and ARAP preparation. Free-Prior and Informed Consultation (FPIC) method was used in consulting the PAPs. This helped the PAPs to contribute freely to the discussions and consultation processes. 2.1.1: Identification of Affected Assets A professional water system drawing covering the locations of the key components namely the boreholes, transmission and distribution lines, high level tank, stand pipes and water system office was prepared. Three separate visits by Community Water and Sanitation Agency, Lambussie District Assembly, Water Consultant and selected community members was carried out in the project community to validate the drawings and assess affected assets for review. The assessment was done to cover the lands to be used for the laying of pipelines and construction of sub project components, affected structures, crops and other intangible assets where necessary. Photograph of affected assets were taken for documentation. 2.1.2: Identification of PAPs A semi structured questionnaire was developed to collect the socio-economic data on all PAPs. The PAPs were consulted one-on-one and the rationale for the administration of the semi structured questionnaires was explained to all the PAPs. Basic social and economic data covering the sex, livelihood, literacy, dependency, religion, vulnerability and income levels among others were captured (see Appendix VIII). Photograph of the PAPs were taken for the development of the ARAP. Page 14 of 53 2.1.3: Valuation of Affected Asset The valuation of affected asset was done in line with the eligibility and entitlement matrix of the Resettlement Policy Framework of the SRWSP (See Appendix VI). Officers of the Land Valuation Division led the valuation of all affected assets in the Lambussie community with support from staff of Community Water and Sanitation Agency, Lambussie District Assembly, Water Consultant and Community members of the Lambussie Community. The valuation was done based on government approved standards as follows: • Buildings and Structure Replacement cost method was used to determine the market value and based on land in comparable site, related structure and support services, prices of items on the local market, cost of transport and estimate for construction of new ones. • Loss of Income Value was determined based on net monthly profit for the business to cover the period when the business is not operating during construction works. • Disturbance Allowance Disturbances allowance was valued at 10% of total compensation on the affected asset as determined by the Land Valuation Division of the Land Commission of Ghana. • Persons with formal legal rights to land Persons with formal legal right to land will be compensated for land lost and other assistance • Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders. Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders will be compensated for land lost and other assistance. • Persons with no recognizable legal right or claim to land they are occupying e.g. Squatters To be provided resettlement assistance in lieu of compensation for land occupied • Persons encroaching on land after the notification No compensation / consultation with such persons to relocate 2.1.4 Cut-off Date The Lambussie District Municipal Assembly with support from Community Water and Sanitation Agency set 10th August 2018 as the cut-off date for the determination of PAPs. Based on the cut-off date the joint team captured all the affected asset and PAPs. The date was agreed on by all stakeholders including the chief and elders of the Lambussie community and the Community Safeguards Team. The cut-off date was announced to the entire community in a Page 15 of 53 general community meeting on 3rd August 2018 and the rationale behind the cut-off date explained to all stakeholders. 2.2 Results Table 3 shows the categories and numbers of PAPs and their assets that were affected by the sub project Table 3: Categories and numbers of PAPs S/N Category of PAPs Numbers 1 PAPs with no recognizable legal right or claim to land they are o 11 ccupying, eg squatters 2 PAPs whose structures crops will be affected 11 The affected crops include guinea corn, maize, millet, rice, groundnut and okro. 3.0: AFFECTED ASSETS The sub project affected some structures and land as summarised on table 4 below Table 4: Affected Asset and their Conditions Affecte No. of Condition Categorisati Categorisation Categori Description d Asset PAPs on of PAPs by Youth and sation by Sex Adult by vulnera bility No. of Males Female Youth Adult vulnerable PAPs Guinea 4 At harvest 4 0 0 4 0 Trenching Corn season through farm Maize 3 At harvest 3 0 2 1 0 Trenching season through farm Rice 1 At harvest 1 0 0 1 0 Trenching season through farm Ground 2 At harvest 2 0 0 2 0 Trenching nut season through farm Okro 1 At harvest 1 0 0 1 0 Trenching season through farm Table below contains the number of PAPs affected by the key components of the sub project Table 5: PAPs affected by key components of Water System S/N Component Number of PAPs A Transmission Lines 2 B Distribution Lines 9 Total 11 Page 16 of 53 4: SOCIO ECONOMIC FEATURES AND AFFECTED PEOPLE’S LIVELIHOODS The Socio-economic survey carried out by the joint team from CWSA and Lambussie District Assembly staff assessed the gender, literacy, livelihood, dependency, vulnerability statuses of the PAPs. Out of the findings of the survey, all 11 PAPs (100%) were males. In assessing the literacy levels of the PAPs, 7 out of the 11 PAPs representing 63.6 % were illiterate but only 4 (36.4%) were literate. The PAPs who were literate had mainly completed basic schools whilst one had proceeded to the second cycle level. One PAP had risen though tertiary level of education. The survey also revealed that all PAPs (100 %) were natives of the community. In relation to livelihood, all 11 PAPs 100% depended on agriculture for their livelihood. The livelihood of these PAPs may be affected during the trenching for the laying of pipelines. All the PAPs whose livelihood will be affected will be compensated for either loss of income or disturbance or both. The PAPs had number of dependants mainly ranging from 1 to 9 persons. Majority of the PAPs (6) representing 54.5 % had dependants ranging below 3 persons whilst only 3 PAPs (27.2%) had 7 dependants and above. Two (2) other PAPs representing 18.1% had dependants ranging from 4 to 6. There were no vulnerable persons (persons aged 70 years, widow, orphans, physically challenged persons etc.) identified as PAP in the community. Four (4) PAPs representing 36.4% have a daily income of between GHS 21.00 to 40.00 whilst 2 PAPs (18.1%) receives a daily income of GHS 20.00 or less. Only 4 PAPs (36.4%) received a daily income of GHS 41.00 to 60.00 whilst 1 (9.1%) PAP earns more than GHS 60.00 as daily income. All 11 PAPs (100%) were Muslims. Page 17 of 53 Table 6: Summary of socio-economic data of PAP in Lambussie Community SEX LITERACY LIVELIHOOD DEPENDENCY VULNERABILITY DISTRIBUTION LEVELS Sex No % Literacy No % Livelihood No % Dependency No % Vulnerability No % . Level . . . . Male 11 100 Literacy 7 63.6 Petty 0 0 Below 3 6 54.6 Persons 70 0 0 trading dependants years & above Femal 0 0 Illiteracy 4 36.4 Farming 11 100 4-6 2 18.1 Physically 0 0 e dependants Challenged Persons Others 0 0 7 dependants 3 27.3 Widow/widow 0 0 and above er Orphans 0 0 Pro-poor 0 0 persons Total 11 100 11 100 11 100 11 100 0 0 Source: Field Visits, 2018 Income Level of PAPs per Day No. % Religion of PAPs No. % GHS 20 & below 2 18.1 Christians 0 0 GHS 21 - 40 4 36.4 Muslims 11 100 GHS 41 - 60 4 36.4 Others 0 0 GHS 60 & above 1 9.1 Pagan 0 0 Total 11 100 11 100 Source: Field Visits, 2018 Page 18 of 53 Sex Religion of Literacy Livelihood Dependan Vulnerability Income of Distributio PAPs Level of of PAPs ts of PAPs of PAPs PAPs per n of PAPs PAPs 100% 100% 0 100% 0 100% Day 100% 0 100% 90% 100% 90% 90% 90% 3 1 90% 90% 80% 90% 80% 80% 80% 70% 80% 80% 70% 4 70% 80% 70% 2 4 70% 60% 60% 70% 60% 70% 60% 60% 50% 50% 60% 50% 11 60% 50% 50% 11 40% 40% 40% 40% 50% 11 50% 40% 4 30% 30% 6 30% 30% 40% 40% 30% 20% 20% 20% 20% 30% 7 20% 10% 10% 30% 10% 2 10% 0% 0% 0 20% 10% 0% 20% Dependant Vunerability 0% 0 Income of PAPs Religion 0% Pro-poor Persons Level 10% 0 10% Literacy 7 dependnats and Pagan Orphans GHS 60 & above above 0% Others 0% Others Widow/widower GHS 41-60 4 to 6 Sex Literacy Farming Muslim dependnats Physically Challenged GHS 21 - 40 Male Female Christaian Literacy Illetracy Petty Trading Below 3 Persons above 70 years GHS 20 & below dependnats Figure 1: Assessment of basic socio-economic status of Project Affected Persons Source: Field Visits, 2018 Page 19 of 53 5.0: DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE 5.1 Payment of Compensation In the determination of the compensations to be offered, the PAPs will be considered not to be made worse off than they were before the project. Two main compensation packages are available under the project. Stakeholders including CWSA, Lambussie District and Chief of Lambussie communities are ready to offer two main types of compensation 1. Cash compensation to affected persons or and 2. Restitution of affected asset All the 11 affected persons located within road reservations will attract cash compensations. 5.2 Minimizing land acquisition and displacement The transmission and distribution pipelines will be re-routed as much as possible to minimise adverse impact on properties and to ensure that payment of compensations are minimised. In addition, communal or stool lands vested in the traditional authorities and public lands will be considered first in all cases but measures will be put in place to ensure that lands donated are free of encumbrances. This will be followed by family lands and individual lands will be the last resort. Community sub�projects will be community driven and therefore voluntary land donations for the project will be welcomed and encouraged in all cases but measures will be put in place to prevent abuse. 5.3 Compensation payment principles The compensation payment principles captured under the ARAP ensures that compensations are paid prior to displacement or destruction. Compensations are to be paid in full replacement value. Again, in the payment of compensation, depreciated or net value of a structure, the “replacement value� shall include the full cost of materials and labour required to reconstruct a building of similar surface and standing (See Appendix IV for eligibility and entitlement of PAPs). The PAPs must be able to have their structures re-located in a different place using the compensation paid for the affected structures. 5.4 Compensation Payment Team The compensation payment team will be made of the Regional Accountant of CWSA, District Finance Officer of the Lambussie District Assembly, a member of the National and Regional Safeguards Team, District Safeguards Team member, and a Community Safeguards Officer of the Lambussie Community. 5.5 Role of the Compensation Payment Team The compensation payment team shall ensure that appropriate valuated compensation on assets and livelihood are paid to eligible PAPs. The team is also responsible for documenting and keeping records of all compensation payment processes. Page 20 of 53 6.0 CONSULTATION WITH DISPLACED PEOPLE All PAPs who farm within the road reservation were willing to stop cultivating on the right of way. After all the necessary project impact and compensation issues were discussed, all the PAPs accepted the compensation packages disclosed to them. The compensation value to be paid to them was negotiated with the PAPs. Consultations with PAPs and host communities were carried out mainly to establish impacts and risks that PAPs may face due to relocation, and also to sensitize them on the impact of the project. This exercise was necessary in order to solicit for feedbacks from the PAPs. The outcomes of the consultations helped in the establishment of robust Grievance Team for conflict resolution. In all, three separate meetings were held at the local market square and the Methodist Church. The meetings were held on 27th July 2018, 3rd August 2018 and 3rd October 2018. The meetings were aimed at describing the project impact to PAPs, consulting PAPs and explaining the compensation options available and explaining the key contents of the Resettlement Policy Framework to the community. The PAPs were met one-on-one to discuss their individual entitlements. The PAPs were met also in group to discuss the compensation options and procedure for payments and other entitlement issues. In all the meetings, Community Water and Sanitation Agency, the Lambussie District Assembly and stakeholders from the community including the Chief, elders, Community Safeguards Facilitators were involved in the meeting (See Annex IV for Minutes of Meetings). The key issues discussed at the meetings include the impact of the project, steps taken by CWSA to avoid, or minimize impact and destruction of assets and compensation packages and eligibility issues. The other issues discussed were on grievance redress under the project, compensation payment and processes and general ARAP development, disclosure and implementation The key stakeholders who were consulted in the development of the ARAP include the District Coordinating Director), District Budget Officer, Presiding Member, Lambussie District Assembly) and Chief of Lambussie. The rest are opinion leaders and community safeguards facilitators. Page 21 of 53 7.0 PROCEDURE FOR GRIEVANCE REDRESS 7.1 Community Safeguards Teams / Community Grievance Redress Grievance expression and management mechanism has been established to involve the already existing local structures at the community level. By this approach, three (3) gender based community members have been selected to form the Community Safeguards Team. The team has a membership of two (2) males and one (1) female. The responsibility of the team is to ensure that grievances of community members are resolved within 7 days at the community level. The Community Safeguards Team have been trained and resourced with grievance redress sheets to document and keep complaints and grievances of community members. The Community Safeguards Team received complaints from community members through varying means including one–on –one meeting, telephone calls, during community meetings and other means deemed convenient and appropriate by the aggrieved persons. Text messages is another means by which aggrieved persons can channel their complaints to them. If the grievance is not resolved within a week, the issues is referred to the District Safeguards Team for redress. The team has a file and grievance redress sheet to document all grievances received and resolved (See Appendix IV for details). In addition to the above structures, Safeguards Social Support Services Teams (S4Ts) have been identified in Lambussie community to provide counselling and grievances services to aggrieved persons under the AF-SRWSP. The membership include the Iman of the Community, head teacher, assembly members, head of women group, leader of the youth and one opinion leader. 7.2 District Safeguards Team A three (3) member Municipal Safeguards Team has been formed to handle grievances beyond the capacity of the Community Safeguards Teams. The three member team is made up of two males and one female. The members include the District Budget Officer, District Works Engineer and District Planner of the Lambussie District Assembly. They receive complaints from the Community Safeguards Officers and community members through telephone calls, face-to-face information delivery, complaints during meetings, written complaints and e-mails. Text messages is another means by which aggrieved persons can channel their complaints to them. The District Safeguards Officers have a maximum of two (2) weeks to resolve grievances or it is referred to the Regional Safeguards Team for redress. The team has a file and grievance redress sheet to documents all grievances received and resolved. 7.3 Regional Safeguards Team At the Regional Level is a three member team made up of Extension Services Specialist, Hydro Geologies, Water and Sanitation Engineer of Community Water and Sanitation Agency, Upper West Region. The role of the Regional Safeguards Team is to resolve complaints and provide technical back stopping to both the District Safeguards Team and Community Safeguards Teams. The team has the mandate to resolve issues within two weeks of filling of complaints or the case is referred to the National Safeguards Technical Team for redress. The Regional Safeguards Team receives complaints through letters, mails, phone calls and through face to face meetings with grieved person. Text messages is another means by which aggrieved persons Page 22 of 53 can channel their complaints to them. The team has a file and grievance redress sheet to documents all grievances received and resolved. 7.4 National Safeguards Team The National Safeguards Technical Team made up Extension Services Coordinator of CWSA- Head Office, Extension Services Specialist CWSA, Upper West Region, Water and Sanitation Engineer, CWSA-Ashanti Region) and Water and Sanitation Engineer, CWSA, Central Region are mandated to receive complaints that are beyond the Regional Safeguards Team. The National Safeguards Technical Team receives complaints through letters, mails, phone calls and through face to face meetings with grieved person. Text messages is another means by which aggrieved persons can channel their complaints to them. The team has the mandate to resolve issues within two weeks of filling of complaints. The teams have a file and grievance redress sheets to documents all grievances received and resolved. PAPs who are not satisfied with the redress processes and outcome of the National Safeguard Teams have the opportunity to seek for redress at the law court. 8.0 MONITORING AND EVALUATION The Community Safeguards Team established at the community level will monitor the progress of safeguards implementation on daily basis. The team will monitor if community members are satisfied with all safeguards issues under the project in the community. The Chiefs and opinion leaders of the community will participate in monthly meetings to assess compliance to all safeguards issues relating to the project. The District and Regional Safeguards Team will monitor the implementation of the project on monthly basis to assess the compliance of safeguards standards. District Safeguards Team will prepare the Resettlement Completion Report to be monitored by the Regional and National Safeguards Technical Teams. The National Safeguards Team will monitor the implementation of the project on quarterly basis to ensure effected compliance to the safeguards standards (See Appendix VII) for monitoring tools and indicators). The issues to be monitored by the Regional and National Safeguards Technical Team shall include the following: 1. Formation and functionality of District and Community Safeguards Teams 2. Existence and compliance to Environmental Permit Conditions and environmental approvals 3. Public disclosure and project awareness creation 4. Availability and implementation of Environmental and Social Management Plans 5. Land acquisition and documentation 6. Payment of compensations 7. Contribution of institutions in the implementation of the ARAPs 8. Functionality of Grievance structures and grievance resolution / documentation 9. Usage of Personal Protective Equipment Page 23 of 53 10. Organisation of safeguards meetings and compilation of Reports etc. A third party consultant will carry out evaluation of the project at the end of the project. The assessment of the third party shall cover 1. Assessment and Management of Environmental and Social Risks and Impacts 2. Labour and Working Conditions 3. Community Health and Safety 4. Land Acquisition, Restrictions on Land Use and Involuntary Resettlement – 5. Communities 6. Stakeholder Engagement and Information Disclosure (See Appendix and IV for specific indicators) 9.0 INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT FOR IMPLEMENTATION The Lambussie District Assembly is the lead institution in implementing this ARAP but will be supported by the CWSA and Safeguards Team of the Lambussie community working closely with the Chief of Lambussie. The District Assembly will be responsible for ensuring that the 11 PAPs receive adequate compensations before construction of civil works. The Lambussie District Assembly with support from CWSA will complete the compensation entitlement forms (see Appendix III) with the compensation values determined by the Land Valuation Division of the Land Commission. The Lambussie District Assembly will organise a meeting for PAPs with active participation of the compensation payment team. The PAPs and the compensation payment team will complete the compensation payment sheet (see Appendix IV) in duplicates and file one for records keeping of receipt of compensation payment to PAPs. In terms of institutional responsibilities and monitoring and relocation of PAPs from the project site, this ARAP recommends the following in (Table 7): Table 7: Institutional Responsibilities for ARAP implementation S/N Activity Lead Institution Supporting Institution 1 Identification of PAP Lambussie District CWSA/ Community Safeguards Assembly Team 2 Land Acquisition Lambussie District CWSA/ Community Safeguards Assembly Team / Land Valuation Division 3 Valuation of Asset and Land Valuation Lambussie District Assembly, Compensation CWSA and Community Determination Safeguards Team 4 ARAP Development Lambussie District CWSA/ Community Safeguards Assembly Team 5 ARAP Implementation Lambussie District CWSA/ Community Safeguards Assembly Team 6 Compensation Payment Lambussie District CWSA / Community Safeguards Assembly Team Page 24 of 53 7 Grievance Redress Community Safeguards Lambussie District Assembly Team and CWSA 8 Monitoring of ARAP Lambussie District CWSA / Community Safeguards Implementation Assembly Team 9 Evaluation of ARAP Independent Verifier / CWSA / STT implementation Third Party Consultant 10.0: TIMETABLE, BUDGET AND FUNDING ARRANGEMENTS 10.1 Timetable In order to ensure that the ARAP is well implemented, the following ARAP implementation schedule is proposed in (Table 8): Table 8: ARAP Implementation Schedule S/N Activities Start Date Completion Date Responsibility 1 Submission of 20th October 2018 26th October 2018 Lambussie Draft ARAP District Assembly 2 Finalization of 4th March 2019 8th March 2019 CWSA/ ARAP Lambussie District Assembly 3 Disclosure of 12th March 2019 18th March 2019 Lambussie ARAP District Assembly / CWSA 4 Payment of 19th March 2019 22nd March 2019 Lambussie Compensation District Assembly 5 Relocation of 25th March 2019 25th March 2019 Lambussie PAPs District Assembly 6 Monitoring of 12th March 2019 31st December 2019 CWSA/ ARAP prompt Lambussie implementation District Assembly 7 Independent 6th December 2019 10th December 2019 Independent / Verifiers’ end Third Party of ARAP Consultant implementation /evaluation 10.2 Budget and funding arrangements An amount of One Thousand Eight Hundred and Sixty Six Ghana Cedis, Seventy Six Pesewas (GHS 1,866.76) is required for the payment of compensation for the construction of Lambussie Small Town Piped Water System in the Upper West Region. Since the lands used for the construction of the pipelines were on road reservation owned by government, compensation will not be paid in lieu of the land but for the destruction of crops along the right of way. All PAPs identified on the road reservations were squatters and hence will be supported with funds for relocation and associated assistance (see Appendix IV). No compensation will be paid in lieu of land in the Lambussie community. Page 25 of 53 Overhead cost for compensation disbursement, grievance redress, monitoring and evaluation was estimated at 40% of the total compensation. This cover the fuel, logistics and DSA of staff to carry out the assignment. The legal fee was estimated at 15% of the total compensation. This fund was set aside to cover the cost of legal expenses in the implementation of the ARAP. An estimated 10% of the total cost of implementing the ARAP was added as contingency to cater for unforeseen circumstances or eventualities. Table 9 below has the details. Table 9: Budget for Preparation and Implementation of ARAP S/ ITEM GHS N 1 COMPENSATION COST a. Compensation for destruction of standing crops / trees 1,697.04 b. Compensation for farmers' loss of income /disturbance 169.72 SUB TOTAL 1,866.76 2 CAPACITY BUILDING & IMPLEMENTATION COST a Capacity building for key stakeholders 3,000.00 b Overhead cost for compensation disbursement/grievance redress/m 678.8 onitoring & evaluation (20%-40% of compensation cost/ 40% used) c Legal fees (in case of court dispute) 254.6 (15% of compensation cost) SUB TOTAL 3933.40 3 TOTAL COST (Addition of all sub totals) 5,800.16 4 CONTINGENCY 580.02 (10% of Total Cost) 5 GRAND TOTAL (Addition of Total Cost and Contingency) 6,380.18 CONCLUSION This ARAP has been prepared to ensure that all the 11 Project Affected Persons under the AF- SRWSP are well compensated. This ARAP is a result of a consultative process between Land Valuation Division, Community Water and Sanitation Agency, Lambussie District Assembly and the Chief, Community Safeguards Team and PAPs in the Lambussie community. An amount of One Thousand Eight Hundred and Sixty- Six Ghana Cedis, Seventy-Six Pesewas (GHS 1,,866.76) is required for the payment of compensation for the construction of Lambussie Small Town Piped Water System. Page 26 of 53 11.0 REFERENCES CWSA (2007), Community Water and Sanitation Regulation 2007 of 2011, Accra CWSA (2017) EnvironmentandSocial Management Framework/Strategic Environmental Assessment, Final Report, CWSP II Phase 2, Accra CWSA (2017), Environmental and Social Management Framework (ESMF for Sustainable rural water and Sanitation project – additional financing, Addendum Report (Final), Community Water and Sanitation Agency, Accra CWSA (2010), Environmental and Social Management Framework, Community Water and Sanitation Agency, Accra CWSA (2010), Design Guideline for Small Town Piped Water Systems, General, CWSA, Accra CWSA (2010), Resettlement Policy Framework, Community Water and Sanitation Agency, Accra The World Banks’s New Environmental and Social Framework (2016), Fact Sheet, World Bank, Washington, DC The World Bank’s Environmental and Social Framework (2016), World Bank, Washington, DC Page 27 of 53 Table 10: Entitlements of PAPs on Distribution lines S/ Name of Sex Description of Asset and Impact Ownership Compens PAP N Project ation Consul Affected Value tation Person (GHc) (Y/N) (PAP) 1 Mohammed Male Maize farm located on right of Owner 29.87 Sulo / I way. Destruction of crops during Done brahim construction. Lopo Wusie 2 Thomy Male Maize farm located on right of Owner 92.98 Done Balonge way. Destruction of crops during construction. 3 Zenge Kazie Male Rice farm located on the right of Owner 49.86 Done way. Destruction of crops during construction. 4 William Male Maize, Guinea Corn and Okro Owner 584.82 Done Basin farm located on the right of way. Hamon Destruction of crops during construction. Male Groundnut farm located on the Owner right of way. Harvesting ongoing. 5 Cletus Basin Male Groundnut and guinea corn farms Owner 52.96 Done located on the right of way. Harvesting ongoing 6 William Male Okro and maize farms located on Owner 124.10 Done Basin’s Son the right of way. Harvesting ongoing. 7 Yaw Kuma Male Guinea corn farm located on the Owner 160.01 Done right of way. Harvesting ongoing. 8 Ziboos’s Son Male Guinea corn farm located on the Owner 181.34 Done right of way. Harvesting ongoing. 9 Bazor Male Guinea corn farm located on the Owner 85.34 Done Taawa right of way. Harvesting ongoing. 10 Jaafoo Male Guinea corn located on the right 64.00 Done Buudi of way. Harvesting ongoing. 11 Majeed Male Rice farm located on right of way. 441.49 Done Chanyienna Sub-Total 1,866.77 Page 28 of 53 APPENDIX II: COMPENSATION PAYMENT FORM Page 29 of 53 APPENDIX III: COMPENSATION DISCLOSURE FORM Page 30 of 53 APPENDIX IV: GRIEVANCE REDRESS SHEET Page 31 of 53 APPENDIX V: LAND ACQUISITION FORM COMMUNITY WATER AND SANITATION AGENCY ...………….……………………………………………………………………………… REGION (LAND ACQUISITION FORM) ACQUISITION OF LAND FOR THE CONSTRUCTION OF …………………………………………………………………………… AT ……………………………………………………...AREA/ SUBURB IN THE ………………………………………………….COMMUNITY OF THE …………………………………………………..…DISTRICT NAME OF LEAD FACILITATOR (S) 1. ……………………………………………………… Signature……………………………………………... NAME OF ASSOCIATE FACILITATOR (S) 1. ……………………………........................... Signature…………………………………………….. DATE: ……/………………../20….. Page 32 of 53 SUSTAINABLE RURAL WATER SUPPLY & SANITATION PROJECT (AF-SRWSP) COMMUNITY SMALL TOWN PIPED WATER PROJECT LAND ACQUISITION FORM RELEASE OF LAND FOR ……………….…… COMMUNITY SMALL TOWN PIPED WATER PROJECT I/We …………………………………………………………. being the owner(s) of the parcel of land located in ………………….…………area of the ……………………………………………………………. Community, have agreed to release the said land measuring ………………………………m2 as shown on the sketch (see attached) to the …………………………………………………………….Community in support of the community Small Town Piped Water Supply Project. This document and the process involved were read and explained to me in a language that I/We understand. I/We therefore agree to release the said land under the following conditions: 1. …………………………………………………………………………………………………………………………………………………… 2. ……………………………………………………………………………………………………………………………………………………… 3. Out of my (our) own free will without any compensation consideration whatsoever and under no circumstance will I/We claim back the land in so far as the purpose for which the land was taken still holds. LAND OWNER(S) Signed ………………………………… Signed…………………………………… Name …………………………………. Name…………………………………… Date………………………………… Date ……………………………….. Tel …………………………………………. Tel …………………………………………. WITNESS FOR LANDOWNER(S) Signed ……………………………………….. Tel Name …………………………………. Relationship with land owner(s)……………………………….. Date……………………………………. CHIEF/ TINDANA/ CLAN HEAD Signed …………………………………….. Name …………………………………. Position………………………………….. Date……………………………………. DISTRICT ASSEMBLY Signed …………………………………… Tel Name …………………………………. Position…………………………………. Date……………………………………. WITNESS (DWST/ DISTRICT SAFEGUARD OFFICER) Signed ……………………………………. Tel Name …………………………………. Position…………………………………... Date……………………………………. Page 33 of 53 SKETCH SHEET FOR THE ACQUIRED LAND GPS Coordinate of land Point Longitude Latitude Line Distance A A-B B B -C C C-D D D-A E F G Page 34 of 53 PICTURE SHEET (Must capture the owner(s) and witnesses involved in the land acquisition and compensation payment processes) Figure 1: Picture of land owner(s) signing the land acquisition form Figure 2: Picture of the payment processes for the land acquisition form Page 35 of 53 LAND COMPENSATION RECEIPT NAME OF LANDOWNER(S): …………………………………………………………………. HOUSE ADDRESS: ………………………...…………………………………………………… COMMUNITY: ………………………………DISTRICT…………………………….………. REGION: ………………………………………………………………………………………… TELEPHONE NUMBER……………………………………………………………………….. DATE……………………………………….. RECEIVED FROM………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………............................... The sum of ………………………………………………………………………………………………………………………… …………………………………………………….. CEDIS………………………………..…PESEWAS Being the cost/ compensation for ……………………………m2 piece of land located at…………....... ……………………………………in the………………………………………community ……………....................... ………………………………………………………………………………………………………………………………………….. Cash / Cheque No. ………………………………………..Balance………………………………………………………. GHȼ ……………………………………………….. Signature Page 36 of 53 APPENDIX VI: ENTITLEMENT AND ELIGIBILITY OF PAPs Page 37 of 53 Page 38 of 53 APPENDIX VII: COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL SUSTAINABLE RURAL WATER AND SANITATION PROJECT SAFEGUARDS COMPLIANCE MONITORING, PERFORMANCE TRACKING AND REPORTING TOOL STPWS CONSTRUCTION Compliance to Month Month Month Quarterly Rating Safeguards Remarks Measures Issue Safeguards Measures Complied Partially Not Complied Partially Not Complied Partially Not Complied Complied Complied Complied Complied Complied Involuntary Resettlement issues Resettlement captured during feasibility studies and hydro-geological investigations Project design and layout shared with communities Land owners investigated, Project Affected Persons identified and documented District Safeguards Team disclose right and compensation benefits to beneficiaries Consultation with land owners carried out Page 39 of 53 Land acquisition forms used to document released lands Cut of date disclosed to beneficiary community District ARAP prepared to guide resettlement issues Compensation paid Voluntary Resettlement issues Resettlement captured during feasibility studies and hydro-geological investigations Project design and layout shared with communities Land owners investigated, Project Affected Persons identified and documented District Safeguards Team disclose right and compensation benefits to beneficiaries Land acquisition forms used to document released lands Page 40 of 53 Cut of date disclosed to beneficiary community District ARAP prepared to guide resettlement issues Safeguards speaking points for community meeting prepared Land size determined and voluntary land donors safeguarded from 50% loss of land Lands confirmed not to be under litigation Lands acquisition document endorsed by owners with witnesses Citizen Setting of Engagement Grievance Redress / Grievance Teams Redress Training of Grievance Redress Teams Speaking points on Grievance Redress Prepared Grievances prepared and available for use Page 41 of 53 by aggrieved persons Grievance Redress Team consults aggrieved persons on time for redress Grievances and resolution process well documented and filled Stakeholder engagement plan prepared Monthly stakeholder / site meetings organised Gender Representation of Women in WSMTs and safeguards activities Women participation in sitting of boreholes Safeguards CSF trained on Capacity Safeguards issues Enhancement DST trained on Safeguards issues Page 42 of 53 Safeguards officers of borehole firm & water consultants trained Safeguards Team in place and functional ARAP implementation plans in place Monitoring of ARAP implementation on-going Report Submission of report by contractor Page 43 of 53 APPENDIX VIII: SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT COMMUNITY WATER AND SANITATION AGENCY UPPER WEST REGION ADDITIONAL FINANCING – SUSTAINABLE RURAL WATER AND SANITATION PROJECT SOCIO-ECONOMIC DATA COLLECTION INSTRUMENT FOR CONSULTATION WITH PROJECT AFFECTED PERSONS INTRODUCTION Good morning / afternoon Sir or Madam. My name is ……………………………………….. and I work for …………………………………………………………… I am here to collect socio economic data on Project Affected Persons associated with the construction of ……………………………….Small Town Piped Water System in the ……………………… …………………………District/ Municipality in the …………………………………Region for the development of Abbreviated Resettlement Action Plan (ARAP). All information that I will solicit from you will only be used for the development of ARAP so kindly provide me with accurate data. Your participation is however voluntary and you may withdraw from the exercise whenever you deem it necessary. BASIC SOCIO ECONOMIC DATA 1. Sex: A. Male [ ] B. Female [ ] 2. Religion: A. Christian [ ] B. Muslim [ ] C. Pagan [ ] D. Others [ ] 3. Literacy: A. Literacy [ ] B. Illiteracy [ ] 4. Livelihood: A Petty Trading [ ] B. Farming [ ] C. Others [ ] 5. Dependency: A. Below 3 dependants [ ] B. 4 to 6 dependants [ ] C. 7 dependants and above [ ] 6. Vulnerability: A. 70 years and above [ ] B. Physically Challenge Person [ ] C. Widow/Widower [ ] D. Organ [ ] E. Pro Poor [ ] 7. Income: A. GHS 20.00 and below [ ] B. GHS 21.00 to 40.00 [ ] C. GHS 41.00 to 60.00 [ ] D. GHS 60.00 and above [ ] THANK YOU FOR YOUR PARTICIPATION APPENDIX X Page 44 of 53 APPENDIX IX: CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PAPs COMMUNITY WATER AND SANITATION AGENCY UPPER WEST REGION ADDITIONAL FINANCING – SUSTAINABLE RURAL WATER AND SANITATION PROJECT CHECKLIST FOR CONSULTATION AND NEGOTIATION WITH PROJECT AFFECTED PERSONS S/N Issue Brief Speaking Point 1. Scope of the High level Tanks Project / Basic Water System Office Project Stand Pipes Information Household Connections Transmission and distribution Lines Commencement of sub project Project duration Constructors and Consultants and their key project safeguards responsibilities (public safety) 2. Identification of All PAPs are to be consulted and negotiated with before Project Affected the commencement of works Persons / Impact disclosure to The PAPs are made to understand the specific sub project PAPs that will affect them and its associated impact on their asset or livelihood: a. Environmental impact b. Social impact c. Livelihood impact etc. 3. Compensation PAPs are made known that fair and adequate compensation Discussion will be paid to them before the commencement of construction works. 4. Eligibility and a. Structures Entitlement Replacement cost method will be used to determine the market value and based on land in comparable site, related structure and support services, prices of items on the local market, cost of transport and estimate for construction of new ones. b. Farm crops and trees Cash compensation will be determined for the PAP for damages or destruction of crops based on negotiations with the Land Valuation Division. c. Loss of Income Page 45 of 53 Value will be based on net monthly profit for the business to cover the period when the business is not operating. d. Disturbance Allowance Disturbances allowance will be valued at 10% of total compensation a. Persons with formal legal rights to land Persons with formal legal right to land will be compensated for land lost and other assistance b. Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders will be compensated for land lost and other assistance c. Persons with no recognizable legal right or claim to land they are occupying e.g. Squatters PAPs will be provided with resettlement assistance in lieu of compensation for land occupied d. Persons encroaching on land after the notification No compensation will be given to such persons to relocate 5. Valuation Valuation of asset will be done by the land commission. PAPs are entitle to negotiate with the Land Valuation Division in the determination of the compensation 6. Compensation 3. Cash compensation to affected persons Payment / 4. Material support to build structures or to relocate options 5. Restitution of affected asset 7. Compensation 1. Compensation will be paid to PAPs before the Payment Process commencement of construction 2. Compensation will be paid by a compensation payment team comprising of the MMDAs / CWSA and the Community Safeguards Team 3. Entitlement forms will be given to every PAP stating the his/her compensation entitlement 4. Compensation Payment Form will be completed in duplicate to demonstrate payment of compensation. 8 Grievance PAP are made to understand that they can channel all their Redress grievances through the Community Safeguards Officers for redress. If their grievances remain unresolved with 2 weeks the Regional and National Safeguards Teams will take up the issues for redress. Page 46 of 53 APPENDIX X: MINUTES OF MEETING WITH PAPs COMMUNITY WATER AND SANITATION AGENCY – UPPER WEST REGION MINUTES OF CONSULTATION AND NEGOTIATION MEETING WITH PROJECT AFFECTED PERSONS HELD ON FRIDAY 3RD AUGUST 2018 AT FORECOURT OF OLD DISTRICT ASSEMBLY OFFICE Attendance list of Key Personalities: 1. Cletus Bapuogyan - CWSA,UWR - ESS 2. Eric Coffie - CWSA,UWR - Hydrogeologist 3. Japhet Kasaanah - CWSA,UWR - Assistant Accountant 4. Ato Quansah - CWSA,UWR, Safeguards Technical Team Member 5. Seidu Salifu - Lambussie District-Planner 6. Maurice Anzenaa - Lambussie District- DBO 7. Seth Adade - Lambussie District Engineer 8. Number of PAPs Present / Representatives 9. PAPs present - (11) ITEM DECISION ACTION BY 1.0 OPENING: The meeting began at about 10:30 am. The District Planner District formally welcomed all guest and PAPs at the meeting. She Planning stated the importance of the consultation meeting with the Officer PAPs and entreated the PAPs to pay particular attention to the discussions of the meeting. 2.0 Scope of the Project: Mr. Seth Adade mentioned that the scope of the project to Mr. Seth all the PAPs covering the construction and mechanization of Adade 4 boreholes, 2 high level tanks, 1 Water system office and a total of 15,000 m distribution and 4000 transmission lines in the Lambussie community. He again mentioned that the community will benefit from 12 standpipes. 3.0 Impact of the Project: Mr. Seth Adade explained to all the PAPs the impact of the Mr. Seth project covering environmental, social and livelihood Adade impacts. 3.1.1 a. Environmental Page 47 of 53 He mentions that the trenches to be dug for the laying of the 3.1.2 pipelines may create some disturbances including noise and dust pollution. b. Social and livelihood issues Mr. Eric Coffie stated that the sub projects may affect their Mr. Eric lands intended for other forms of development. The Coffie relocation of businesses tables, tents and other structures including kiosks and containers may affect businesses and 4.0 income of the PAPs during the project. 4.1.1 Entitlement and Eligibility Structures Mr. Seth Adade explained that Mr. Seth replacement cost method will be used to determine the Adade market value, and based on land in comparable site, related structure and support services. He also mentioned that the prices of items on the local market, cost of transport and estimate for construction of new ones will be used to determine the entitlement of PAPs. In all that the officers of the land valuation will negotiate with PAPs in the final 4.1.2 determination of compensation values. Farm crops and Trees 4.1.3 Mr. Seth Adade mentioned that cash compensation will be Mr. Seth determined for the PAP for damages or destruction of crops Adade based on negotiations with the Land Valuation Division. Loss of Income 4.1.4 Mr. Seth Adade emphasised that the value will be based on Mr. Seth net monthly profit for the business to cover the period when Adade the business is not operating. Disturbance Allowance Mr. Seth Adade mentioned that disturbances allowance will 4.1.5 be valued at 10% of total compensation as per the Mr. Seth Resettlement Policy Framework of the SRWSP. Adade Persons with formal legal rights to land / Persons without formal legal rights to land at time of Mr. Seth notification but have claims to property recognized by Adade community 4.1.6 Page 48 of 53 Mr. Seth Adade explained that persons within this category will be compensated for land lost and other assistance However, he mentions that persons with no recognizable legal right or claim to land they are Mr. Seth occupying e.g. squatters will be provided with resettlement Adade assistance in lieu of compensation for land occupied. He then stated that persons encroaching on 5.0 land after the notification will not be paid any form of compensation Valuation Mr. Seth Adade mentioned that valuation of asset will be done by the land commission. PAPs are entitle to negotiate Mr. Seth with the Land Valuation Division in the determination of the Adade compensation. The valuation will be done in line with 6.0 statutory guidelines and as per the Resettlement Policy Framework. He assured the PAPs that adequate and fair compensation will be paid to them. Compensation Option Mr. Seth Adade stated the three main compensation options available for payment under the project. He outlined the Mr. Seth three main compensation option to include Adade 1. Cash compensation to affected persons 7.0 2. Material support to build structures or to relocate 3. Restitution of affected asset Compensation Payment Process According to Mr. Japhet Kassanaa explained that the payment of compensation will involve a number of process. Mr. He explained that: Kasanaa 1. Compensation will be paid to PAPs before the commencement of construction 2. Compensation will be paid by a compensation payment team comprising of the MMDAs/CWSA and the Community Safeguards Team 8.0 3. Entitlement forms will be given to every PAP stating the his/her compensation entitlement 4. Compensation Payment Form will be completed in duplicate to demonstrate payment of compensation Grievance Redress Page 49 of 53 District Safeguards Team took time to address the PAPs on District Grievance Redress Issues. They explained that PAP can Safeguard channel all their grievances through the Community s Team Safeguards Officers for redress. If their grievances remain unresolved within 2 weeks, the Regional and National Safeguards Teams will take up the issues for redress. The District Safeguards Team pledged their support for the entire project and committed themselves in ensuring that fair Communit and adequate compensation are paid to the PAPs. The y Community Safeguards Team assured the participants of the meeting that they will keep all the necessary documentation Safeguard on all the processes. s Team 9.0 PAPs Feedback from PAPs Some PAPs asked that the compensation payment should cover everyone who will be affected since past water project have neglected the payment of compensation to some affected persons. They pleaded that special measures are put in place to prevent project grievances. The PAP pleaded with the safeguards to ensure that compensations due them are paid before commencement of construction of civil works. 10.0 CLOSING: Mr. The meeting was brought to an end with a closing prayer Kasanaa from Mr. Salifu Seidu. The meeting officially ended at 1:00 pm with all stakeholders satisfied Page 50 of 53 APPENDIX XI: EVALUATION INDICATORS FOR RESETTLEMENT ISSUES EVALUATION INDICATORS FOR RESETTLEMENT ISSUES 1. Was land ownership categorized and handled separately (voluntarily and involuntary)? 2. How were public institutions involved in the Land Acquisition processes? 3. How was the impact / land acquisition, resettlement and livelihood restoration addressed in compliance with the RPF? 4. Were communal/stool/public lands were considered first to minimise compensation payment? 5. Were voluntary land donations encouraged but carried out within strict guidelines to avoid abuse? 6. Were physical displacement were avoided as much as possible? 7. Were fair and adequate compensation paid to affected people? 8. Were compensations paid before destruction of property/crops? 9. Were compensations determined at full replacement cost? 10. How were affected structures (buildings, kiosks etc.) valued? 11. Were market value as at the time of replacement and that of the Land Valuation Board rates used as a guide in the valuation of crops affected on farms? 12. Were EPA requirements followed during tree felling? 13. Were cash paid for every tree felled and in addition grow two or more at location similar to where the other was felled? 14. Was 10% of the total compensation paid as disturbance allowance to project affected person? 15. Were the estimations of net monthly profit for affected business based on records, application of net monthly profit to the period when business is not operating used in cases of loss of income? 16. Was the framework for the compensation/resettlement applied 17. Were livelihood restoration measures considered 18. Were vulnerable persons identified and special assistance offered during the compensation implementation process. 19. Were Communities properly and adequately informed of plans and also their rights and options relating to their properties that may be affected by the project? 20. Were compensation offered timely in cash and/ or kind? 21. Were consultations done to ensure that all community members were informed and made fully aware of their rights and options regarding the resettlement activity? 22. Were the impact on ands and assets made? 23. Was a compensation committee established with representatives of the affected persons 24. Were the affected persons engaged in active consultations at the beginning of the project? 25. Were affected persons notified through both formal (in writing or entitlement notice) and informal (verbal) manner? 26. Is there an inventory of land donations and/or assets acquired prepared to inform the basis for planning, progress reporting, and monitoring of sub-projects that require land for civil works? 27. A contract listing all property and land/ farms surrendered and the types of compensation (both cash and kind) were prepared? 28. Are donors of voluntarily lands fully informed of the subproject and the implications Page 51 of 53 of donating the property 29. Were the land acquisition forms used? 30. Were community members made aware of the grievance redress sheet and its usage? 31. Is grievance redress structure available in the community and how has the grievance redress mechanism provide feedback to the project and community? 32. How do affected persons who were not satisfied with proposed entitlements or its implementation, able to seek for redress? 33. Was it the responsibility of the GoG through the DAs to pay compensations and the CWSA to facilitate this through the sector Minister and the RCC? 34. Has the evaluation programme implemented to periodically check on compliance with policy and provided lessons to amend strategies, especially in the longer term? 35. Was the evaluation done based on current World Bank procedures including gender considerations, and also national provisions on resettlement where they were consistent? 36. Was the community consulted when developing the concepts of the subproject with the intent of engaging their interests in the subproject? 37. Were key stakeholders consulted in the development of the ARAP? 38. Were all persons directly and indirectly affected by the project made to feel any sense of belonging to the project? Page 52 of 53 APPENDIX XII: GRIEVANCE REDRESS MECHANISM COMMUNITY GRIEVANCE GRIEVANCE RESOLUTION COMMUNITY SAFEGUARDS Exist at the community TEAM Level for conflict (3 member Team) resolution MUNICIPAL LEVEL Grievance resolution not exceeding 1 week GRIEVANCE MUNICIPAL SAFEGUARDS TEAM Exist at the Municipal Level (3 member Team) for conflict resolution REGIONAL LEVEL Grievance resolution not exceeding 2 weeks GRIEVANCE REGIONAL SAFEGUARDS TEAM Exist at the Regional Level (3 member Team) for conflict resolution NATIONAL LEVEL Grievance resolution not exceeding 2 weeks GRIEVANCE SAFEGUARDS TECHNICAL TEAM Exist at the National Level (4 member Team) for conflict resolution Grievance resolution not exceeding 2 weeks LAW COURT Figure 1: Grievance Redress Flow Chart Source: CWSA-STT, 2018 Page 53 of 53