ESWATINI WATER SERVICES CORPORATION NHLANGANO – SISOMA WATER SUPPLY INTERGRATION THE RESETTLEMENT POLICY FRAMEWORK (RPF) May 31st, 2019 Eswatini Water Services Corporation P.O. Box 20 Mbabane Tel 2416 9000 Fax 2416 3616/7 Physical Address Emtfonjeni Building Corner MR 103 and Cultural Village Drive Ezulwini 1 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY .................................................................................. 8 2. PROJECT DESCRIPTION ................................................................................ 13 2.1 Proposed activities and routes ................................................................................................... 14 2.2. Description of activities likely to require land acquisition .......................................................... 20 3. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMNT ..................... 24 3.1. Principles governing resettlement preparation ............................................................................... 24 3.2 Objective of implementing the RAP ............................................................................................ 25 3.3 Scope of ESS5 Coverage .............................................................................................................. 27 4. PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS ...... 29 4.1 Preparation requirements .......................................................................................................... 29 4.1.1 Processing Requirements.................................................................................................... 31 4.2 Resettlement Policy Framework ................................................................................................ 32 4.3 Resettlement Action Plan ........................................................................................................... 33 4.3.1 Elements of RAP ...................................................................................................................... 33 4.4 Physical Displacement................................................................................................................. 35 4.5 Economic displacement .................................................................................. 36 5.1 Eligibility criteria.......................................................................................................................... 39 5.2 Categories of PAPs ...................................................................................................................... 41 5.3 Differentiated Assistance ............................................................................................................ 41 5.4 Entitlement ................................................................................................................................. 42 5.4 Cut-Off Date to Entitlements ..................................................................................................... 46 6. Overview........................................................................................................ 48 6.1 LEGAL FRAMEWORK GAP ANALYSIS ........................................................................................... 48 6.2 Gaps ............................................................................................................................................ 49 6.3 Gap filling measures.................................................................................................................... 50 7. VALUATION METHOD ................................................................................... 59 7.1. Agricultural fields and food gardens: .......................................................................................... 60 8. INSTITUTIONAL ARRANGEMENTS ............................................................... 63 8.1. Eswatini Water Services Corporation ......................................................................................... 63 8.1.1. Social standards staff .......................................................................................................... 63 8.1.2. Community Liaison Officers ................................................................................................ 65 2 8.2. Consulting engineer (Consultant) .............................................................................................. 65 8.3. Ministry of Natural Resources and Energy ................................................................................. 68 8.3.1. Office of the Principal Secretary ........................................................................................ 68 8.3.2. Department of Water Affairs ............................................................................................. 68 8.3.3. Water Community Committees ......................................................................................... 68 8.4. Ministry of Finance ..................................................................................................................... 69 8.5. Ministry of Works and Transport ................................................................................................ 69 8.6. Ministry of Health ....................................................................................................................... 69 8.7. NSWSP Coordination Mechanism ............................................................................................... 70 8.8. World Bank.................................................................................................................................. 70 9. IMPLEMENTATION PROCESS .......................................................................... 71 9.1. RAP implementation schedule .................................................................................................... 71 9.2. Compensation Process ................................................................................................................ 73 9.3 Compensation on Title-Deed Land ............................................................................................. 74 10. DESCRIPTION OF GRIEVANCE REDRESS MECHANISMS ............................. 76 10.2 Grievance Redress Mechanism Structure ................................................................................... 78 10.2.1 . Project Level Grievance Redress Mechanism (GRM) ........................................................ 79 10.2.2. EWSC Level Grievance Redress Mechanism ...................................................................... 80 10.2.2. Regional Level Grievance Redress Committee (GRC) ......................................................... 80 10.4 National Level Grievance Redress Committee (GRC) ................................................................. 81 10.5 Grievance Procedures ................................................................................................................. 81 10.6 World Bank Grievance Redress Service ...................................................................................... 82 11. RAP FUNDING ARRANGEMENTS ..................................................................83 11.1 Provision of adequate funding .................................................................................................... 83 11.2 Items Covered by the Budget ..................................................................................................... 83 12. DESCRIPTION OF MECHANISMS FOR CONSULTATIONS ............................. 85 12.1 Consultation Strategy and Methods........................................................................................... 85 12.2. Focus Group Discussions ......................................................................................................... 86 12.3 Informal Interview ...................................................................................................................... 86 12.4 Public/Community Consultation ............................................................................................. 86 12.5 Resettlement Alternatives .......................................................................................................... 86 12.6 Alternatives to be offered ........................................................................................................... 86 3 12.7 Choices Related to Compensation and Resettlement Assistance .............................................. 87 12.8 Provision for updating Information on PAPs .............................................................................. 88 13. MONITORING AND EVALUATION ................................................................. 93 13.1 Monitoring .................................................................................................................................. 94 13.2 Evaluation ................................................................................................................................... 95 ANNEX –I .............................................................................................................96 Categories of affected persons likely to be impacted ............................................................................ 96 ANNEX – II ...........................................................................................................99 ANNEX IV: INITIAL STAKEHOLDER ENGAGEMENT MEETINGS REPORT ........119 Advertising for the Scoping meeting ..................................................................................... 128 Site Notices .................................................................................................................................. 128 Advertising................................................................................................................................... 129 Public Scoping Meeting .............................................................................................................. 131 Further consultations.................................................................................................................. 131 Annex 5: Authorization letter to use the road reserve on the MR11 ..................... 132 Annex VI: Stakeholders’ consultations ............................................................... 133 4 Abbreviations EWSC Eswatini Water Services Corporation EWSC Eswatini Electricity Company ESS5 World Bank’s Environmental and Social Framework, specifically Standard 5: “Land Acquisition, Restrictions on Land and Involuntary Resettlement” GoKE Government of the Kingdom of Eswatini MHUD Ministry of Housing and Urban Development MNRE Ministry of Natural Resources and Energy NSWSP Nhlangano-Siphambanweni Water and Sanitation Project Project Nhlangano-Siphambanweni Water and Sanitation Project PAP Project Affected Person RAP Resettlement Action Plan RPF Resettlement Policy Framework 5 Definition of terms Associated Any subprojects or activities which are directly related to the Project. activities Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs), their assets, and potential impacts. The census will be carried out in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Environmental and Social Framework. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and local leaders. Compensation The payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. Cut-off date The date of commencement of the census of PAPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. Economic Loss of land, assets or access to assets, leading to loss of income sources or other displacement means of livelihood. Eligibility The criteria for qualification to receive resettlement benefits. Entitlement Resettlement entitlement are the sum total of compensation provided to persons in their respective eligibility category. The entitlement may comprise of cash or in-kind compensation, relocation costs, income rehabilitation assistance, transfer assistance, income substitution and relocation. Grievance An issue, concern, problem or claim (perceived or actual) that an individual or community group wants the EWSC to address and resolve. Grievance A locally accessible, formalized way to accept, assess and resolve feedback or Redress complaints from individuals or communities who believe they are adversely impacted Mechanism by the Project. Land Land, including anything growing on or permanently affixed to land, such as crops, buildings and other improvements. Land acquisition Methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or right of way. Land acquisition may also include: • Acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; • Repossession of public land that is used or occupied for individuals or households; • Project Impacts that result in land being submerged or otherwise rendered unusable or inaccessible. Livelihood The full range of means that individuals, families and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource-based livelihoods, pretty trade and bartering. Livelihood Consists of the entitlements for affected persons and/or communities who are restoration economically displaced, to provide them with adequate opportunity and resources to at least restore, if not improve, their livelihoods. Physical Relocation, loss of residential land or loss of shelter. displacement Project Affected A family or collection of PAPs forming a nuclear or extended family that coexists or Household lives within the same house or compound. Project Affected Persons who, as a result of Project activities, for reasons of the involuntary taking or Person (PAP) voluntary contribution of their land and other assets, results in direct economic and or social adverse impacts, regardless of whether or not they are required to physically relocate. These PAPs may have their: • Standard of living adversely affected, whether or not the PAP must move to another location; • Right, title, interest in any house, land or any other fixed or movable asset 6 acquired or possessed, temporarily or permanently, adversely affected; • Access to productive assets adversely affected, temporarily or permanently; • Business, occupation, work or place of residence or habitat adversely affected. Replacement cost Method of valuation yielding compensation sufficient to replace assets, plus necessary transaction costs associated with asset replacement. In terms of land, this may be categorized as follows; • Replacement cost for agricultural land means the pre-project or pre- displacement, whichever is higher, value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of preparing the land to levels similar to those of the affected land, including any registration, transfer taxes and other associated fees; • Replacement cost for houses and other structures means the prevailing cost of replacing affected structures of the quality similar to or better than that of the affected structures. Such costs shall include: building materials, transporting building materials to site, any labor and contractors’ fees; and any registration costs. Resettlement A resettlement instrument to be prepared when subproject locations are identified. In Action Plan such cases, land acquisition leads to physical displacement of persons, and/or loss of (RAP) shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on PAPs and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. A detailed template for RAP development is attached to this document in Annex 1. Restrictions on Limitations or prohibitions on the use of agricultural, residential, commercial or land use other land that are directly introduced and put into effect as part of the Project. These may include restrictions on access to common property resources, restrictions on land use within easements or safety zones. Stakeholder Broad, inclusive and continuous process between the project proponent and those Engagement potentially affected by the Project that usually spans the life of the Project. It includes broad participation and input to project design and procedures, including consultations, consultations, information disclosure and dissemination. Vulnerable Disadvantaged or vulnerable refers to those who may be more likely to be adversely affected by the project impacts and/or more limited than others in their ability to take advantage of a project’s benefits. Such an individual/group is also more likely to be excluded from/unable to participate fully in the mainstream consultation process and as such may require specific measures and/or assistance to do so. This will take into account considerations relating to age, including the elderly and minors, and including in circumstances where they may be separated from their family, the community or other individuals upon which they depend. 7 1. EXECUTIVE SUMMARY This Resettlement Policy Framework (RPF) is prepared by Eswatini Water Services Corporation (EWSC) in accordance with the Kingdom of Eswatini's legal framework, and the World Bank’s Environmental and Social Framework, specifically ESS5 which is the standard for “Land Acquisition, Restrictions on Land and Involuntary Resettlement” (ESS5). This RPF is for the Nhlangano-Siphambanweni Water and Sanitation Project (NSWSP). This RPF is prepared to guide the preparation and implementation of the RAP for impacts that may be caused by civil work activities under Components 1 and 2 of the NSWSP, including associated activities. It sets out the principles and objectives governing the preparation and implementation of social risks and impacts mitigation measures when the specific impact location (s) of component 1 and 2 of NSWSP are known –in accordance with the World Bank’s ESF requirements, in particular that of ESS5. The aim is to ensure that adverse socio-economic impacts of the project on PAPs are adequately mitigated and PAPs are not worse off as a result of the project interventions. While designing and implementing component 1 & 2 activities, the project shall be required to follow resettlement principles, organization arrangements and design requirements stated in ESS5. The Government of the Kingdom of Eswatini (GoKE) has agreed to adhere to the ESS5 of World Bank’s standard which requires that the involuntary resettlement should be avoided1. Where involuntary resettlement is unavoidable, the project shall minimize and adopt appropriate measures to mitigate adverse impacts on displaced persons (and on host communities receiving displaced persons-if any) will be carefully planned and implemented. 1 Avoidance is the preferred approach in accordance with the mitigation hierarchy in ESS1. It is especially important to avoid physical or economic displacement of those socially or economically vulnerable to hardship as a result. However, avoidance may not be the preferred approach in situations where public health or safety would be adversely affected as a result. There may also be situations where resettlement can provide direct development opportunities for households or communities, including improved housing and public health conditions, strengthened security of tenure or other improvements to local living standards. 8 Where involuntary resettlement is unavoidable the GoKE, through the project shall prepare a Resettlement Action Plan (RAP) and Eswatini Water Services Corporation agreed to provide prompt compensation and resettlement assistance to PAPs to assist them in their efforts to improve or at least restore their livelihoods and living standards to pre-displacement levels or better. Compensation and resettlement assistances shall cover permanent or temporary physical and economic displacement resulting from land acquisition or restrictions on land use in connection with component 1 and 2 activities of the NSWSP. When preparing the RAP for component 1 and 2, the Project Implementation Unit (PIT) shall conduct a socioeconomic study targeting potential PAPs as well as carryout census survey to: a) identify current occupants of PAPs in affected area, b) establish baseline socio-economic characteristics of affected household, c) provide information on vulnerable groups and people, d) determine the magnitude of potential losses – partial or full and, e) establish communication system to ensure two way information flow- from PAPs to the NSWSP and from NSWSP to PAPs. Project Affected Persons (PAPs) who will be affected by component 1 and 2 activities of NSWSP or its associated activities shall be eligible to receive compensation and resettlement assistances. PAPs who: i) have formal legal rights to land or assets; ii) do not have formal legal rights to land or assets, but have a claim to land or assets that are recognized or recognizable under national law - such claims could be derived from adverse possession or from customary or traditional tenure arrangements; and iii) who have no recognizable legal right or claim to the land or assets they occupy or use, shall be entitled for compensations and resettlement assistances. The process used for determining compensation values and resettlement assistances shall be transparent and easily comprehensible to PAPs. The entitlement matrix provided in the body of this RPF shall guide the project when determining entitlements due to PAPs. The project shall publicly declare the cut-off date to determine eligibility and thus determines entitlements to PAPs. The cut-off date is provided to safeguard against encroachment or opportunists. 9 The EWSC through the NSWSP undertake legal framework analysis to determine the fit between borrower laws and regulations and Bank policy requirements and proposed measures to fill gaps. Gaps have been observed in areas of i) agricultural (including fallow) land or pastureland, ii) land in urban areas, iii) loss of access to natural resources, Loss of access to natural resources, iv) physical displacement, v) Economic displacement and, vi) disclosure. Gap filling measures to be included in project legal document are recommended. When calculating compensation amount of affected properties and means of livelihoods, the project shall follow the principle of full replacements. The valuation exercise shall aim and will be geared toward ensuring that affected properties valuation is consistent with the ESS5 provisions and the valuation method shall be transparent. This RPF has also identified the institutional arrangements and coordination mechanism for RAP implementation including: line ministries, local authorities, traditional chiefs, community organizations and State Own Enterprises (SoE) that will be engaged. The PIT’s capacity to plan and implement RAP and to ensure compliance to ESSs requirement need to be strengthen. A full time and dedicated Social officer and community liaison officers to be hired and trained. The PIT shall take responsibility for the implementation and coordination of resettlement related activities under the NSWSP. It shall be responsible for ensuring that compensation and resettlement payments to all PAPs are made promptly and prior to commencement of civil works. It will ensure that site(s) is/are handed-over to the contractor after submitting a compensation and resettlement assistance payment completion report to and after obtaining a clearance from the Bank. The NSWSP shall establish Grievance Redress Mechanisms (GRMs) as part of the resettlement plan and its design shall take into consideration the views of affected communities expressed during the resettlement planning process. Information shall be disclosed and explained to PAPs as early as possible and on a regular basis throughout the project cycle. The grievance mechanism shall be available at no cost, and will be 10 easily accessible, with special attention paid to accessibility for disadvantaged and vulnerable individuals or groups. The overall cost of RAP shall be borne by the EWSC. The NSWSP shall ensure predictable financial resource flows into the RAP “Special Account” that shall be opened and maintained by the EWSC accounting departments. Funding shall be made available into the RAP special account. Adequate financial resources sufficient to cover all compensation and resettlement assistance costs and other related costs shall be provided for by EWSC, including sufficient contingency to offset unforeseen expenses that may occur as a result of inflation and also as a consequence of omitted and undervalued structures. While preparing safeguards’ instruments and while implementing the resettlement component of NSWSP, the PIT shall engage in consultation with affected communities, including host communities, if any. The Stakeholders Engagement Plan (ESP) developed for the project will guide the consultation processes to be undertaken. A multi-stakeholder consultation plan at the NSWSP (Zombodze, Hosea, Shiselweni) areas, where the project will be implemented, is developed in the SEP. The plan will be updated and shall follow the “adaptive management2” approach. While taking the lead responsibility, the NSWSP/PIT shall track the preparation and implementation of RAP and shall closely monitor the situation of vulnerable people affected by the project and make special considerations for the vulnerable groups. Implementation status assessment will be part of the project’s “Project Completion” review exercise and report. The resettlement aspect of the evaluation shall examine and determine the living standards of PAPs (pre-project vs post RAP implementations.) 2 It is an approach to making decisions and adjustments in response to new information and changes in context.” Adaptive management is not about changing goals during implementation; it is about changing the path being used to achieve the goals in response to changes. 11 This RPF has been prepared by ESWC as an instrument to guide resettlement preparation and implementation and will be used throughout the project life cycle. This RPF covers the following elements: (a) a brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement policy framework rather than a resettlement plan is being prepared; (b) principles and objectives governing resettlement preparation and implementation; (c) a description of the process for preparing and approving resettlement plans; (d) estimated displacement impacts and estimated numbers and categories of displaced persons, to the extent feasible; (e) eligibility criteria for defining various categories of displaced persons; (f) a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; (g) methods of valuing affected assets; (h) organizational procedures for delivery of compensation and other resettlement assistance, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; (i) a description of the implementation process, linking resettlement implementation to civil works; (j) a description of grievance redress mechanisms; (k) a description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements; (l) a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and arrangements for monitoring by the implementing agency. 12 2. PROJECT DESCRIPTION The NSWSP seeks to increase potable water supply coverage in the Shiselweni region, which currently has a high population with limited access to potable water. This area is characterized by recurrent dry spells and is prone to water scarcity. This project enjoys broad community support having been requested by numerous communities and tabled to the EWSC following the completion of the new water treatment plant that was built by EWSC in 2015, which could be utilized to extend the potable water coverage in the precinct. This project seeks to provide potable water for domestic, institutional and commercial consumption to populaces along the MR11 public road corridor. Since water supply needs to ensure that the resulting waste water is also adequately disposed, the project will also need to look at the prevailing waste water management in the area and adequately address short comings through the use of septic tanks and ventilated, and improved pit latrines. This will be supported by community sensitization and social and behavioural change communication initiatives to empower the communities in terms of waste water disposal means. The project components that will entail potential land acquisition and livelihood disturbances is component 1 with a very unlikely possibility in component 2. Component 1: Resilient Water Access - Nhlangano to Siphambanweni in the Shiselweni region (USD $27million). The overall objective of this component is to increase potable water supply coverage for domestic, institutional and commercial consumption to populations from Nhlangano up to Siphambanweni, through the construction of 64 km of transmission pipeline, three reservoirs with a capacity of 3,200 m3 each, one reservoir with capacity of 1,000 m3 a pumping station and 243 km of distribution network. The intention is for the mains to be connected to 154 km of laterals which supply homesteads, offices, health facilities, schools and kiosks. The interconnection of these systems would not only provide 13 increased water security to the region but would also enable a substantial increase in potable water coverage to urban and rural areas to an additional 23,610 people, mostly rural and low income. This component would also finance the detailed engineering designs and construction supervision. During project preparation, the Project will explore the potential for maximizing the number of beneficiaries and overall benefits of the investment. Component 2: Improved Sanitation Access in Shiselweni region ($15 million). The overall objective of this component is to achieve increased access to safely managed sanitation and basic hygiene management in the Shiselweni region. This will be implemented in the same area that will benefit from improved potable water access through the project’s Component 1. It will also aim to provide improved access to sanitation services in health centres and schools in the Shiselweni region. In addition, Child-Centric Water Supply and Sanitation Interventions will be piloted in households with children (under 1000 days old) in the targeted Tinkhundla’s. It will assess and pilot the use of alternative technologies for on-site sanitation in informal settlements and schools, that could be better suited, in terms of sustainability, to the GoKE local context. During project preparation, the Project will explore the potential for maximizing the number of beneficiaries and overall benefits of the investment. 2.1 Proposed activities and routes It is expected that the proposed pipeline will commence in Nhlangano and be routed along to MR9 towards Hlathikhulu, then turning onto the MR11 and following the route to Hluthi until it joins the newly constructed network at Siphambanweni after approximately 63km (as depicted in Figure 1). 14 Figure 1: Proposed Route: 63km with laterals 15 Figure 2: Nhlangano Connection 16 Figure 3: Qinisweni Network With Pipeline To Pump House Figure 4: Mhlosheni To Hluthi Connections 17 Figure 5: Hluthi to Siphambanweni Connections 18 Figure 6: Mhlosheni Pumphouse and Reservoir Figure 7: Florence Christian and Hluthi Reservoirs 19 Figure 8: Proposed Solar Plant, Pump House and Reservoir Site 2.2. Description of activities likely to require land acquisition Civil work activities associated with component 1 and component 2 are expected to require land take in order to advance their respective objectives. These components are geared toward increasing access to improving water supply and sanitation services in targeted areas of eSwatini. The activities listed below are major activities to be underaken by component 1 & 2: I. Construction of a transmission pipeline and associated infrastructure, II. Expansion and rehabilitation of water distribution network, III. Construction of sanitation and handwashing facilities in households schools and health centers in targeted areas, IV. Implement Behavior change, menstrual hygiene and hygiene practices awareness campaigns in targeted areas, 20 Component 1: Water supply expansion related civil works is expected to require land acquisition while increasing potable water supply coverage in the Shiselweni region, through the expansion of the water supply transmission and distribution systems aimed at allowing interconnection between the Nhlangano and Lavumisa water supply systems. This component aimed at increasing potable water access to an additional 23,610 people in rural areas and small towns. This component will undertake civil works related to transmission pipeline, reservoirs, pumping station and distribution network. Component 1 would fund the 2nd Phase of the Nhlangano water supply system, including the interconnection with the Lavumisa water supply system, aiming to increase the security of this sub-region. This phase comprises of activities of the: i. Nhlangano to Matsanjeni Main and Networks. • 64 km of mains (61km – gravity); • 3 ground reservoirs (3,200 m3 each); • 1 ground reservoir (1,000 m3) • 1 pumping station; ii. Pipe network extension of 154 km to cover 26 locations including Makhonza (4,300 people), Mashekesheni and Ngwabe (2,910 people), Mbangweni (3,300 people); Ngelane (2,300 people), Nsongweni (800 people) and Qinisweni (6,500 people), among other locations. The 2nd Phase of the project will result in increased utilization of the existing Water Treatment Plant, to about two thirds of its design capacity (10,000 m3/day). Component 2: Improved sanitation access will build on the ongoing work that has been done by the Environmental and Health Department on appropriate technology/sanitation service delivery for rural domestic sanitation to arrive at an open defecation-free corridor in the three tinkhundla (Zombodze, Hosea and Shiselweni I) that will benefit from improved access to water services. The component will: (i) assess 21 and pilot the use of alternative technologies for on-site sanitation in informal settlements, health centers and schools; (ii) pilot Child-Centric Water Supply and Sanitation Interventions in households with children (under 1000 days old); (iii) undertake complementary sanitation marketing, supply chain enhancement and consistent behavior change programs to create sustained behavior change and buy-in to the project outputs. This component will also provide technical assistance to strengthen institutions, policies, information systems, data collection and planning, and long-term sustainability of sanitation services. Component 2 will be made up of the following activities: I. Build on the work that has been done and/or is ongoing by the EHD to roll out selected technology options and service delivery (collection, transport, treatment and reuse) for rural sanitation to arrive at an open defecation- free corridor in the three tinkhundla’s (Zombodze (3880 households), Hosea (6710 households) and Shiselweni I (1495 households)) that will benefit from the water supply expansion under Component 1. This will include piloting new and contextually appropriate approaches in peri- urban areas, schools and health centers. Complementary sanitation marketing, supply chain enhancement and consistent behavior change programs will be undertaken, to create sustained behavior change and buy-in to the project outputs. This will include a specific program for school behaviors and menstrual hygiene management. This will provide a pilot to show how the country could strive to achieve Open defecation free status. II. Deliver “baby WASH” program in the three target tinkhundla. The Baby WASH program will target households with children under 1,000 days present and interventions will include: sweeping and washing of child’s play environment, including play objects, to ensure it is free of child and animal feces, fencing off or caging poultry and livestock so they cannot contaminate the household environment, washing infant’s and child’s hands with soap before eating or breastfeeding, using clean and tested or boiled drinking water for preparation of weaning foods and using cups, not 22 bottles. Many of the proposed interventions will be targeted through the project wide behavior change campaign. III. Create baseline data generation and support regional sanitation planning. IV. Provide technical assistance to strengthen institutions, policies and long- term sustainability of sanitation services. 23 3. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMNT This section sets out the principles and objectives governing the preparation and implementation of social risks and impacts mitigation measures when the specific impact location (s) of component 1 and 2 are known –in accordance with the World Bank’s ESF requirements, in particular that of ESS5.This section will cover the preparation and implementation requirements that should be followed by EWSC while preparing the resettlement component for the NSWSP and will provide steps to be followed while undertaking resettlement planning as well as processing requirements. The Policy Framework covers resettlement and compensation of all impacted private, public, institutional and communal assets within the NSWSP. These are assets that can be readily identified and quantified. However, in the unlikely event of the loss of cultural heritage, this will need to be addressed separately through specialised studies and mitigation plans. 3.1. Principles governing resettlement preparation It is generally accepted principle that infrastructure projects entailing land acquisition and that impose restrictions on land use can have adverse social and economic impacts on communities and persons. Project induced land acquisition3 or restrictions on land use4 may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss 3 “Land acquisition” refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: (a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes;(b )repossession of public land that is used or occupied by individuals or households;and(c)projectimpactsthatresultinlandbeingsubmergedorotherwiserendered unusable or inaccessible. “Land” includes anything growing on or permanently affixed toland, such as crops, buildings and other improvements, and appurtenant water bodies. 4 “Restrictions on land use” refers to limitations or prohibitions on the use of agricultural, residential, commercial or other land that are directly introduced and put into effect as part of the project. These may include restrictions on access to legally designated parks and protected areas ,restrictions on access to other common property resources ,restrictions on land use within utility easements or safety zones. 24 of income sources or other means of livelihood)5, or both. The term “involuntary resettlement” refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. Departing from the above principles, the Government of the Kingdom of Eswatini (GoKE) believes that economic displacement that is likely to result from civil works under components 1 and 2 civil activities of the NSWSP, if not mitigated properly, land acquisition may give rise to severe economic, social and environmental risks including: dismantling production systems; impoverishing people if their productive resources or other income sources are lost; relocating people to environments where their productive skills are less applicable and the competition for resources is greater; weakening community institutions and social networks; dispersing kin groups, diminishing cultural identity, traditional authority, and the potential for mutual help. It is for these reasons, that the GoKE has agreed to adhere to the ESS5 of World Bank’s standard which requires that the involuntary resettlement should be avoided 6. Where involuntary resettlement is unavoidable, the NSWSP shall minimize and adopt appropriate measures to mitigate adverse impacts on displaced persons (and on host communities receiving displaced persons-if any) will be carefully planned and implemented. 3.2 Objective of implementing the RAP The aim of the RPF is to synchronise resettlement planning in the implementation of the project activities in order to minimise negative social impacts and maximise the positive ones. The Resettlement Plan will be prepared to mitigate unavoidable adverse social and economic impacts from land acquisitions by providing prompt compensation and 5 “Livelihood” refers to the full range of means that individuals, families and communities utilize to make a living, such as wage-based income , agriculture ,fishing, foraging, other natural resource- based livelihoods, petty trade and bartering. 6 Avoidance is the preferred approach in accordance with the mitigation hierarchy in ESS1. It is especially important to avoid physical or economic displacement of those socially or economically vulnerable to hardship as a result. 25 resettlement assistance to PAPs to assist them in their efforts to improve or at least restore their livelihoods and living standards to pre-displacement levels or better. The objectives of the RAP as stated in the Bank’s standard on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement are: • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost7 and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure.8 • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 7 “Replacement cost” is defined as a method of valuation yielding compensation sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Where functioning markets exist, replacement cost is the market value as established through independent and competent real estate valuation, plus transaction costs. Where functioning markets do not exist, replacement cost may be determined through alternative means, such as calculation of output value for land or productive assets, or the undepreciated value of replacement material and labor for construction of structures or other fixed assets, plus transaction costs. In all instances where physical displacement results in loss of shelter, replacement cost must at least be sufficient to enable purchase or construction of housing that meets acceptable minimum community standards of quality and safety. The valuation method for determining replacement cost should be documented and included in relevant resettlement planning documents. Transaction costs include administrative charges , registration or title fees, reasonable moving expenses, and any similar costs imposed on affected persons. To ensure compensation at replacement cost, planned compensation rates may require updating in project areas where inflation is high or the period of time between calculation of compensation rates and delivery of compensation isextensive. 8 “Security of tenure” means that resettled individuals or communities areresettled to a site that they can legally occupy, where they are protected from the risk of eviction and where the tenure rights provided to the mare socially and culturally appropriate. In no event will resettled persons be provided tenure rights that are in effect weaker than the rights they had to the land or assets from which they havebeen displaced. 26 • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, the EWSC through its NSWSP-PIT will conduct meaningful consultations with PAPs and shall inform them about their rights and choices. 3.3 Scope of ESS5 Coverage The ESS5 applies to temporary or permanent physical and economic displacement resulting from land acquisition or restrictions on land use in connection with component 1 and 2 activities of the NSWSP. The following are the scope of the ESS5 coverage: a. Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; b. Landrightsorlanduserightsacquiredorrestrictedthroughnegotiatedsettlementswi th property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; c. Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project; d. Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project-specific cut-off date; e. Displacementofpeopleasaresultofprojectimpactsthatrendertheirlandunusableor inaccessible; f. Restriction on access to land or use of resources including communal property and natural resources such as marine and aquatic resources, timber and non- timber forest products, freshwater, medicinal plants, hunting and gathering grounds and grazing and cropping are as: • Land rights or claims to land, or resources relinquished by individuals 27 or communities without full payment of compensation; and • Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. 28 4. PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS Where land acquisition or restrictions on land use are unavoidable, EWSC as part of the environmental and social assessment will conduct a census to identify the persons who will be affected by the project activities to: a) identify current occupants of PAPs in affected area, b) establish standard characteristics of affected household, c) provide information on vulnerable groups and people, d) determine the magnitude of potential losses – partial or full, e) establish communication system or create provision for two ways information flow- from PAPs to the NSWSP and from NSWSP to PAPs, f) establish inventory of land and assets to be affected, g) determine who will be eligible for compensation and assistance and to discourage ineligible persons such as opportunistic settlers from claiming benefits. This section sets out the step by step process for preparing and approving resettlement plan(s) mainly on the process and approval aspects. It presents: i) the condition for the RAP preparation, ii) the RAP processing requirements, iii) planning instruments need to be considered when preparing the resettlement component of the NSWSP as discussed below: 4.1 Preparation requirements The RAP may be required if components 1 and 2 activities require changes in existing land use whether temporarily or permanently. The scope of the RAP will be determined by the magnitude of component 1 and 2 impacts and the complexity of mitigation measures. A census of affected properties to be affected by components 1 and 2 activities will enable determination of the scope and complexity of impacts. The EWSC-PIT will assess and determine, at the earliest possible stage, the relative impacts related to: 29 a) Physical displacement (relocation, loss of residential land or loss of shelter); and b) Economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood). EWSC will engage the services of qualified and experienced consultants to prepare and supervise implementation of the RAP. The Consultant’s Terms of Reference (ToR) for the assignment will be submitted to the World Bank for a ‘No Objection’. The RAP development, as well as monitoring and implementation, will be done in close collaboration with all impacted households, affected community members, Community Water Committees, Community Liaison Officers, Traditional Authorities, and other interested and affected parties. The consultations will be ongoing process throughout the project cycle and shall be an integral part of the project as set out in this RPF and in the project’s SEP. The RAP will be submitted to the World Bank for a ‘No Objection.’ The Project Team will subsequently disclose the RAP in the project area. A printed version of the RAP will be available to the public in the EWSC HQ and South West Regional Office. Upon disclosure in the project area, the RAP will also be disclosed on the World Bank’s website. A census of affected persons will be carried out to determine eligibility. The census should capture demographic, social and economic information. The outcome of the census includes an inventory and valuation of affected assets. The census provides the baseline against Project outcomes at the completion of the compensation. 30 4.1.1 Processing Requirements Processing the resettlement component requires the following: i. Determine whether component 1 and 2 activities entail land acquisitions. ii. Take steps to prepare the resettlement component—If ESS5 applies to the NSWSP. If ESS5 applies to the NSWSP, the EWSC’s Project Implementation Unit must complete following tasks: a. Conduct a census and socioeconomic surveys to identify component 1 and 2 impacts and the people that will be affected; b. Finalize the resettlement entitlements for each category of impact; c. Select adequate resettlement sites and income-improvement activities (if relocation is necessary or required under NSWSP); d. Establish institutional mechanisms for delivering entitlements and for undertaking other resettlement activities; e. Prepare budgets and make arrangements to ensure the timely flow of funds for resettlement implementation; f. Coordinate implementation arrangements among relevant agencies involved in the implementation of RAP, particularly with stakeholders identified NSWSP’s in SEP g. Establish mechanisms for continued participation of PAPs in resettlement, as well as for redressing of their grievances; and h. Make arrangements for internal and independent monitoring of resettlement activities as it may be required and proportional to the risks and complexity of mitigation measures; iii. Arrange for preparation of the resettlement planning documents — EWSC, through PIT, engages qualified organizations or consultants to prepare the RAP(s) or resettlement framework(s )and coordinates the activities of agencies contributing to planning documentation, iv. Review and clear the resettlement planning documents—NSWSP or consultants. The Bank’s Social Development Specialists collaborate in 31 preparing the resettlement document(s) and in arranging for their review and clearance, v. Arrange for monitoring and supervision during implementation—Plans for Bank supervision, project monitoring, and independent resettlement monitoring should specify arrangements for responding to obstacles or opportunities arising during implementation. The following are resettlement planning instruments which the EWSC will be required to produce as appropriate to the project circumstances: 4.2 Resettlement Policy Framework At this stage of project preparation, the likely nature or magnitude of the land acquisition or restrictions of components 1and 2 of the NSWSP is unknown pending detailed designs; thus the reason for putting in place this RPF. This RPF establishes the general principles and procedures compatible with ESS5 of annex 1 to be followed in circumstances where components 1 and 2 activities are causing temporary or permanent physical and/or economic displacement. Once the NSWSP transmission pipelines and reservoir specific locations are defined and the necessary planning information becomes available, this RPF will be expanded into location specific Resettlement Action Plan (RAP) and; the action plan shall be proportional to potential risks and impacts identified by the screening exercise. No physical and/or economic displacement will occur until plans required by ESS5 have been finalized and approved by the Bank. During the preparation of component 1 and 2 activities, the scale and severity of each sub projects’, social risks and impacts will be assessed and determined. Since the precise location of transmission pipelines, reservoirs and water kiosks are not yet known at this stage of the NSWSP preparation, it is mandatory that the preparation and disclosure of this RPF is conditional for its appraisal The RPF will later be disclosed for stakeholder feedback and consultation. 32 4.3 Resettlement Action Plan If involuntary resettlement and involuntary land acquisition becomes an unavoidable reality, the NSWSP will as part of the environmental and social assessment prepare resettlement plans consistent with the principles and objectives of this RPF. A RAP may be required if Project activities require changes in existing land use, whether temporarily or permanently. The scope of the RAP for impacts associated with components 1 and 2 activities will be determined by the magnitude of impacts and the complexity of measures required to mitigate adverse impacts. The outcome of the affected properties census will determine the scope of impacts. 4.3.1 Elements of RAP A Resettlement Action Plan (RAP) provides a synthesis of the outcomes of key tasks required in the resettlement and compensation process of a project, ensuring compliance with local legislation and accordance with ESS5. The followings are the minimum elements9 of a sound RAP: 1. Description of the project, 2. Potential impacts identification, 3. The main objective of the resettlement plan, 4. Census survey and baseline socio-economic studies, 5. Legal framework, 6. Institutional Framework, 7. Eligibility for compensation and resettlement assistance, 8. Valuation and compensation for losses, 9. Community participation, 10. Implementation schedule, 11. Cost and budget, 12. Grievance Redress Mechanism, 9 More detail is provided in the ESS5 guidance note. See Minimum Planning Elements under the guidance note. 33 13. Monitoring and evaluation, 14. Arrangement for adaptive management 4.6 Approval & Clearance Once the magnitude of impact of component 1and 2 activities are determined, the proportionality of impacts mitigation measures are agreed upon and the required planning instruments are prepared, the following approval and clearance steps should be followed by the NSWSP project unit: i. For component 1 and 2 activities for which resettlement impacts cannot be known by a project appraisal, the EWSC project implementation unit needs to submit to the World Bank this Resettlement Policy Framework (RPF) as a condition of appraisal and the World Bank will give clearance to this RPF. The RPF will be disclosed for stakeholder feedback and consultation. The RPF contained or cover all minimum elements of RPF stated in Annex 1 of the ESS5. ii. Subproject- or component-specific RAP need to be submitted to the Bank for approval as a condition of its financing of the respective subproject or component. The RAP must contain or cover all minimum elements of RAP stated in Annex 1 of the ESS5, iii. If the activities of components 1 and 2 impose restrictions of access to legally designated parks or protected areas, the NSWSP project unit needs to submit a process framework as a condition for appraisal. The PF must contain or cover all minimum elements of PF stated in Annex 1 of the ESS5 iv. If component 1 and 2 activities impose restrictions of access to legally designated parks or protected areas and the specific plans of action describing the mitigation measures agreed to by the affected communities need to be submitted for World Bank approval before the restrictions can be imposed. NSWSP project unit is responsible for ensuring the quality and consistency of safeguards’ instruments are in accordance with the ESS5 requirements. 4.7 Estimated numbers and categories of displaced persons and impacts 34 distribution network covers a total distance of 64kms. While the actual number is yet to be determined, it is estimated that a total of 30 persons are likely to be impacted by component 1 activities. Project affected persons are likely to include: farmers – both male and female, as well as elderly, people living with disabilities and vulnerable people. Means of livelihood such as farming, commercial and access to assets are some of the likely activities that will be impacted. However, the exact number of PAPs and including those occupying Swazi Nation land will only be known when exact project locations are determined. Resettlement impact is expected to be fully avoided by component 2 activities, Component 2 is mainly composed of investment in sanitation, but the guidance under the RPF applies to ensure that component 2 activities are adequately screened prior to commencement of civil works. The NSWSP is not expected to displace people as the transmission pipeline will pass through existing Rights of Way. However, in very unlikely circumstances where people are displaced, the ESS5 requirements will apply. In cases where impact is related to economic losses, the ESS5 requirement under “economic displacement” will apply. 4.4 Physical Displacement Preliminary designs and routes suggest that physical displacement can be fully avoided. However, if component 1 and 2 activities resulted in physical displacement and the impact is unavoidable, the NSWSP project unit will: • Develop a RAP that covers, at a minimum, the applicable requirements of the ESS5 - regardless of the number of people affected. The RAP will be designed to mitigate the negative impacts of displacement and, as warranted, to identify development opportunities. • Include in the RAP a resettlement budget and implementation schedule and establish the entitlements of all categories of affected persons (including host communities if any. 35 • Pay particular attention to gender aspects and the needs of the poor and the vulnerable shall be paid in the RAP. • Document all transactions involved to acquire land rights, provision of compensation and other assistance associated with relocation activities, • Offer displaced persons choices among feasible resettlement options, including adequate replacement housing or cash compensation, • Provide relocation assistance suited to the needs of each group of displaced persons, • Offer the choice of replacement property of equal or higher value, with security of tenure, equivalent or better characteristics, and advantages of location, or cash compensation at replacement cost - this covers PAPs who are qualified under eligibility criteria paragraph 10(a) and 10(b) as stipulated in ESSD5. • Provide arrangements to allow them to obtain adequate housing with security of tenure. Where these displaced persons own structures, the EWSC will compensate them for the loss of assets other than land, such as dwellings and other improvements to the land, at replacement cost - this covers PAPs who are qualified under eligibility criteria paragraph 10(c) as stipulated in ESSD5. 4.5 Economic displacement It is very likely that people who reside within the close proximity of the RoW will be impacted by component 1 civil work activities. Potential impacts may include: • Permanent land takings: permanent reduction in production in plantations, commercial forests, gardens, fields or communal land for reservoirs and servitude; • Temporary impact: land for materials storage and during works; • Restricted access10: there may be restrictions to traffic and land use during construction phases resulting in reduced business in Nhlangano town and smaller settlements; 10 This will be temporary restriction to means of livelihoods and access to assets 36 • Livelihood impact: permanent and temporary takings may reduce the ability to produce crops and horticulture. In cases where component 1 activities affect livelihoods or income generation, the RAP will include measures to allow affected persons to improve, or at least restore, their incomes or livelihoods to pre-project level. The RAP will establish the entitlements of affected persons and/or communities, paying particular attention to gender aspects and the needs of vulnerable segments of communities, and will ensure that these are provided in a transparent, consistent and equitable manner. Economically displaced persons whose assets are affected or who suffer reduced or are denied total access to assets will be compensated for such loss at replacement cost: (a) In cases where land acquisition or restrictions on land use affect commercial enterprises, affected business owners will be compensated for the cost of identifying a viable alternative location; for lost net income during the period of transition; for the cost of the transfer and reinstallation of the plant, machinery, or other equipment; and for reestablishing commercial activities. Affected employees will receive assistance for temporary loss of wages and, if necessary, assistance in identifying alternative employment opportunities; (b) In cases affecting persons with legal rights or claims to land that are recognized or recognizable under national law (see paragraph 10 (a) and (b) of ESS5), replacement property (e.g., agricultural or commercial sites) of equal or greater value will be provided, or, where appropriate, cash compensation at replacement cost; and (c) Economically displaced persons who are without legally recognizable claims to land (see paragraph 10(c) of ESS5) will be compensated for lost assets other than land (such as crops, irrigation infrastructure and other improvements made to the land), at replacement cost. 37 Additionally, the RAP will provide assistance in lieu of land compensation sufficient to provide such persons with an opportunity to reestablish livelihoods elsewhere. The EWSC/NSWSP is not required to compensate or assist persons who encroach on the project area after the cut-off date for eligibility. 38 5. ELIGIBILITY CRITERIA AND ENTITLEMENTS Those who will be affected directly11 by component 1 and 2 activities of NSWSP or NSWSP associated activities are eligible to receive full replacement cost and rehabilitation assistance for impacts identified as part of the screening and asset inventory exercises. The Project must assess impacts on all land uses and assets and not only for formal landowners with title deed. PAPs eligibility includes land users, users of the resources, including people informally settled on the land, those with usufruct rights to the land, tenants, and those renting spaces in a homestead or business. In addition, agricultural wage laborers and employees of households and business enterprises need be regarded as eligible for compensation if directly impacted by the loss of assets. 5.1 Eligibility criteria PAPs qualified for compensation are classified as: a) PAPs who have formal legal rights to land or assets (i.e. title deed, Crown grant, and Lease) b) PAPs who do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law - such claims could be derived from adverse possession or from customary or traditional tenure arrangements (i.e Eswati khonta12 through Royal kraal Chief); or c) PAPs who have no recognizable legal right or claim to the land or assets they occupy or use (i.e. Farm dwellers and squatters, vulnerable people (squatters or petty traders, including persons using or occupying existing right of way for existing infrastructure). Persons under category (a) are PAPs who have formal legal rights to land or assets and are those who have formal documentation under Eswatini national law to prove their 11 Direct impact defined as impact resulting from land acquisition for component 1 and 2 activates that may result to direct social and economic hardship. 12 The customary acquisition of land in Eswatini through the Royal Kraal Chief – who has the authority to allocate land 39 rights or are specifically recognized by Eswatini national law as not requiring documentation. In the simplest case, an area is registered in the name of individuals or communities. In other cases, persons may have a lease on the land and therefore have legal rights. Persons under category (b) are PAPs who do not have formal rights to land or assets, but who have a recognized or recognizable claim under Eswatini national law can fall into a number of groups. They may have been using the land for generations without formal documentation under customary or traditional tenure arrangements that are accepted by the community and recognized by Eswatini national law. In other cases, they may have never been provided formal title or their documents may be incomplete or lost. They may have a claim for adverse possession if they have occupied land for a certain period of time as defined by Eswatini national law, without the formal owner contesting the occupation. In such cases, Eswatini national law often has legal procedures13 by which such claims can become recognized. Persons under category (c) are affected persons who have no recognizable legal right or claim to the land or assets they occupy but are eligible for assistance under ESS5 for example street vendors/petty traders, squatters. These can be seasonal resource users, such as herders, grazers, fishers, or hunters (although if the rights of such users are recognized by national law, they may fall into category (a) or (b). PAPs in category (c) are not eligible for compensation for land but are eligible for resettlement and livelihood assistance and compensation for assets over the land. PAPs with recognizable rights will be provided compensation for the land they lose, and other assistance as per ESS5 requirements. Those without recognizable rights would be provided with resettlement assistance in lieu of compensation for the land they occupy, or other assistance, as necessary, if they occupy land earmarked for the project prior to the cut-off day, which is established prior to the census which is conducted as a key part of the RAP. All PAPs will be provided compensation for assets other than land. 13 Acquisition of Property Act, Section 15 40 5.2 Categories of PAPs The policy framework applies to all economically or physically affect PAPs whether or not they have legal title to the land, as applicable to all component 1 and 2 activities. The impact of the project will have two land Types of PAPs according to the Land tenure in Eswatini. Land tenure in Eswatini is characterized by two types of land tenure: land held in customary tenure, or Swazi nation land; and land held by freehold tenure, or title deed land. The latter is sometimes referred to as individual tenure farms. Swazi nation land is generally regarded as lacking secure tenure. The chief has the power to allocate land, but he also has the power revoke. Potential Impact would be based on both: PAPs Swazi Nation land and titled deed land. It is anticipated that the three categories of PAPs are likely to be impacted by component 1 and 2 activities. The following are categories of PAPs that are likely to be impacted by component 1 and 2 activities including: i) affected individuals, ii) affected households and, iii) vulnerable households. Detailed discussion on each category is presented in Annex I. The details and categories of impacts on properties and livelihoods shall be identified by the assets inventory exercises to be undertaken during the RAP preparation process. 5.3 Differentiated Assistance The NSWSP will have special consideration for the vulnerable individuals and groups. Vulnerable groups could be identified as being particularly vulnerable to land acquisition activities, and as such the following considerations will be made when project sites are identified and PAPs listed: i) Special consideration should be paid to these individuals or groups by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP and PF process; ii) The individuals or groups should be consulted separately and given opportunities to participate in the resettlement decision-making process, as well as project activities; 41 iii) Consultation with these groups/individuals should ensure that resulting resettlement and compensation improves their pre-project livelihood; iv) The RAPs and PFs should be designed to ensure special attention is paid to these individuals/groups by monitoring resettlement process in order to ensure that these individuals/groups are not left worse-off and that pre-project livelihoods are indeed improved upon; v) PAPs and PFs should be given sufficient technical and financial assistance to make use of the grievance mechanisms of the project where required; vi) Decisions concerning them should be made in a timely manner. 5.4 Entitlement The NSWSP, through its project components, will acquire a range of privately-owned assets, institutional, and communal resources for which appropriate compensation and/or mitigation measures are required. The entitlement covering impacts relating to components 1 and 2 activities shall address the type of compensation and resettlement assistance due to the PAPs. Definitions of unit of entitlement are described below: (a) For compensation against the loss of arable land (fields and gardens): the landholder and those with usufruct rights; (b) For privately held assets and resources: the owner(s). If the owner is married but the spouse is not recognized on, the distribution of compensation will be determined following the principles for vulnerable groups; (c) For loss of employment: the individual directly affected; (d) For livelihood restoration assistance: the individual directly affected; (e) For loss of communal assets (pastureland, medicinal plants, thatching grass, trees, river sand, etc.) and impeded/constrained access: the affected community through the chief; (f) For affected gravesites: the affected household/family; 42 (g) For impacts on vulnerable individuals/groups14. However, the impact for other losses may differ based on the category of the affected individual/group. The entitlement matrix shown below describes the unit of entitlement to be delivered to PAPs by: i) type of loss, ii) entitled persons, ii) description of entitlement, iii) land access conditions. The process used for determining compensation values shall be transparent and easily comprehensible to PAPs. The entitlement matrix shall provide the NSWSP the guiding principles to be used when determining entitlements due to PAPs is presented in Table 5.1. Table 5.1: Entitlement Matrix Type of loss Entitled person Description of entitlement Land access conditions Loss of arable Landholder/owner or Permanent loss: • Notice to vacate will land persons with usufruct • Land of equal be served at least 120 rights productive use or days prior to potential, located in the acquisition date and vicinity of the affected timed to allow owner land or the new housing to harvest any site, plus the cost of standing crops. preparation to levels • Compensation for all similar to or better than losses payable prior those of the affected to impact. land, and transaction • Any transfer costs the costs such as responsibility of the registration and transfer project. taxes or customary fees. Or cash compensation at full replacement cost, or assistance with the identification and allocation of suitable replacement cultivation land if available. Temporary loss: (a) Compensation for crop losses for the duration of temporary occupation. (b) Compensation for other 14 Disadvantaged or vulnerable refers to those who may be more likely to be adversely affected by the project impacts and/or more limited than others in their ability to take advantage of a pro ject’s benefits. Such an individual/group is also more likely to be excluded from/unable to participate fully in the mainstream consultation process and as such may require specific measures and/or assistance to do so. This will take into account considerations relating to age, including the elderly and minors, and including in circumstances where they may be separated from their family, the community or other individuals upon which they depend 43 Type of loss Entitled person Description of entitlement Land access conditions disturbance or and damages caused to property, (c) compensation equivalent to the net average income/value of agricultural production that would have been obtained from the land during the period of temporary acquisition; and (d) restoration of the land to its original productive use or full compensation for the cost of restoration. Crops/trees Owner/tenant Compensation of full market Compensation will be value. based on current market Owners of trees: value, including value of • Compensation will be future loss. Rightful paid for future owner/tenant is allowed production losses, at net to take standing crops, present value calculated produce and timber. for the productive life of the various fruit and timber tree species. • PAPs will be provided with three (3) replacement saplings per tree, in addition to compensation for production losses as defined above. • The PAPs will have rights to all other resources (timber, firewood) from privately owned trees that are felled. • Cash compensation will be paid for the loss of crops to the crop cultivator/s, whether landholder or not. Where land was cultivated according to a rent, leasehold or sharecropping arrangement at the time of acquisition, compensation for the lost crops will be apportioned according to the arrangement. Privately held Landholder/owner Permanent loss: • Notice of impact to be assets and Replacement of assets or served at least 120 44 Type of loss Entitled person Description of entitlement Land access conditions resources compensation at full days prior to impact. replacement cost. • Compensation or replacement of assets Temporary loss: is due prior to Compensation for other impact. disturbance or and damages • Any transfer costs the caused to property. responsibility of the project. Loss of Individual affected Project will develop livelihood Project Unit to work with employment/ restoration plans consummate social agencies and NGOs livelihood with impact. active in the area to develop effective livelihood alternatives and training, as well as any additional compensation consummate with impact. Communal Affected community The loss of communal assets, Determined through close asset through chief such as medicinal plans, grazing consultation with the lands or thatching grass will be concerned community mitigated through agreed and with participation of programs to replace resource relevant authorities, utilization. including traditional authorities. Access to Tenant or owner Assessed impact on ability to • Provision of homes or reside in home or conduct alternative temporary businesses business during works. access. • In kind compensation, e.g. alternative car parking. • Disturbance allowance which may include calculation of lost wages or lost business based on records. Gravesite Family/household Affected graves will be treated in Affected graves will be accordance with the wishes of identified and confirmed the relatives of the deceased. with the affected The cost of exhumation of communities and graves will be borne by the families. Project. Vulnerable Individual/household Based on impact identified as • Advice on alternative households affected described in this table, should a subsistence and household be identified as livelihood strategies vulnerable additional assistance as offered by the will be provided by the Project. project, including skills/ training The objective is to improve enhancement; and living conditions of poor or • Assistance to gain vulnerable persons who are access to government physically displaced, through poverty provision of adequate housing, alleviation/social access to services and facilities, welfare programs. 45 Type of loss Entitled person Description of entitlement Land access conditions and security of tenure Loss of rented Tenant Compensation of three-month • Three months’ notice, shelter rental payments on a monthly • Payments of rental rate of house occupied at the and disturbance time of impact allowance prior to Disturbance and moving vacating the structure allowance equally to one-month rate or whatever is found to be reasonable – and must be agreed by the affected tenant Loss of rental Landlord Compensation of three-month Three months’ notice, income rental loss on a monthly rate of Payments of rental house occupied at the time of income prior to vacating impact tenant from the structure 5.4 Cut-Off Date to Entitlements It is necessary that the EWSC-NSWSP publicly declares a cut-off date to determine eligibility and thus determines entitlements to relocation and compensation for the PAPs. The PIT shall ensure that the cut-off date is well published and communicated in an accessible format to all potential PAPs as well as the broader community that lives in the sphere of project impact. This must be accompanied by a clear demarcation of areas of impact, a documented process and with records retained by the NSWSP – PIT team. A public notice of the cut-off date shall be displayed at the EWSC regional offices, three constituencies and Town Board centre (Tinkhndla) notice board(s) by the local EWSC representative prior to commencement of the screening exercise of affected land and assets. A notice with the cut-off date will be provided in letters to each PAP and announced through community meetings which will be organized by the NSWSP project unit, the constituency or Chiefdom, with the assistance of the community liaison officers. The social officer/community liaison officers will represent EWSC in community meetings related to resettlement, which will be conducted in local language. The cut-off date is provided to safeguard against encroachment or opportunists. Compensation cannot be claimed for structures constructed after the cut-off date has been publicized. The onus will be on a person who is not recorded in the census to prove 46 that s/he qualifies for project entitlements and/or compensation by utilizing the established grievance procedures described in this RPF. 47 6. Overview This section gives an overview of gap analysis between the ESS5 and that of the Eswatini legal framework as it relates to land acquisition, compensation, and resettlement of the NSWSP. Details of the national frameworks are attached as annex to this RPF. The RAP must be consistent with GoKE policy and laws, regulations and procedures and the World Bank environmental and social standard 5 on Land Acquisition, Restrictions on Land and Involuntary Resettlement (ESS5) covering displacement, resettlement and livelihood restoration as defined in the RPF. In addition, the RAP will adapt the grievance mechanism defined in the RPF to ensure that it is appropriate to the context. His Majesty the King may regulate the use of Swazi National Land under section 10 of the Swazi Administrations Act, including the use of such land for public purposes and the resettlement of persons living thereon if necessary. The various legal provisions under the Eswatini legal framework and the relevant EES5 extracts are presented by Annex – II. 6.1 LEGAL FRAMEWORK GAP ANALYSIS The Bank’s Environmental and Social Framework (ESF) requires that a comparison of ESS5 and national legal provision on land acquisition, compensation and, resettlement assistance shall be undertaken by the EWSC. Where gaps between the provisions of the ESS5 and national legislation are identified, a required measure should be considered and proposed to fill in the gap(s). ideally, where a gap(s) is/are discovered, the policy or the provision that is superior, and that provides better compensation and entitlement to PAPs should be applied – taking into consideration that PAPs should not be made worse than pre-project levels; and that it is desirable for their livelihood to be improved rather than prejudiced by the NSWSP economic or physical displacement. The Constitution of 2005 is an Act that provides for the minimum standards acceptable in the Bill of Rights; the Acquisition of property Act of 1961 provides for the manner and 48 circumstance under which property, including land will be acquired and the redress mechanisms and procedures for so doing… in the interest of public development. Whereas the NSWSP implementing agent is a creature of statute, the provisions relating to the power to acquire land for the purpose of executing their mandate as a public utility are very limited and do not adequately meet the requirements of the ESS5. Where land requires compensation to be made, it is the Government that has eminent domain. 6.2 Gaps A comparative analysis of the legislation was done, and the following gaps were identified: 1. Compensation value and livelihoods: Eswatini’s national law suffice so it is recommended that EWSC applies National Laws when compensating PAPs, 2. Houses and other structures: Eswatini’s national law suffice so it is recommended that EWSC applies National Laws when compensating PAPs, 3. Agricultural (including fallow) land or pastureland: In the absence of legal provision covering impact on agricultural land activities, it is recommended that EWSC applies ESS5 provision on (including fallow) land or pastureland 4. Land in urban areas: In the absence of legal provision covering impact on agricultural land activities, it is recommended that EWSC applies ESS5 provision on (including fallow) land or pastureland 5. Loss of access to natural resources Loss of access to natural resources: In the absence of legal provision covering loss of access to natural resource, it is recommended that EWSC applies ESS5 provision on ‘loss of access to natural resources. 6. Physical displacement (relocation, loss of residential land or loss of shelter): EWSC will apply ESS5 provision on “physical displacement” regardless of the number of people affected. 7. Economic displacement: In the absence of legal provision to develop a plan to cover economic displacement, it is recommended that EWSC applies ESS5 provision on “economic displacement.” 49 8. Disclosure: In the absence of a national legislation, the EWSC will apply 3SS5 9. Vulnerable People: Given that the National laws guarantees the protection of all occupiers of land to be affected by land acquisition, it is recommended that the EWSC applies the National laws and ESS5 where the need arises. 6.3 Gap filling measures The gap filling measures are provided in the gap analysis table shown Table 2 below. In addition to what is provided in the gap filling column of the table, it is recommended that the gap filling measures flagged in the gap filling column are reflected in the project legal document. 50 Table 6.1: Legal framework Gap Analysis Impact ESS5 Eswatini Legal Framework Gap Gap filling measures Eligibility Classification ESS5: Para(10): Section 211(3) of the All person are Given that the National laws guarantees the Loss of legal a) Persons who Constitution notes that “a protected by the law protection of all occupiers of land to be affected by right or have formal person shall not be deprived of regardless of their land acquisition, it is recommended that the possession legal rights to land without the due process of social or economic EWSC applies the National laws and ESS5 where land or assets the law and where a person is standing , age or the need arises. b) Persons who deprived, that person shall be disability so long as do not have entitled to prompt and they occupy land formal legal adequate compensation… earmarked for the rights to land Section 14 (1) (d) of the proposed project. or assets, but Constitution guarantees the have a claim to right of all individuals the land or assets protection from deprivation of that is property without compensation. recognized or Section (14) (1) (c) secures the recognizable right of individuals to under national protection of their property law; rights. c) Persons who In as much as The Constitution have no does not specifically classify the recognizable different categories of eligibility legal right or of a person to be deprived of claim to the land without due process as land or assets required by ESS5 classification. they occupy or Section 20(1) and (2) provides use. thus; S.20(1) – all person are equal before and under the law in all spheres of political, social, economic and cultural life and in every other respect and shall enjoy equal protection of the law; Section 20(2) further states that for the avoidance of any doubt, a person shall not be discriminated against on the ground of gender, …, or social or economic standing…, age 51 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures or disability. Compensation and Benefits General Principle Compensati Offer affected S.15 of the Acquisition Act This requirement is It is recommended that EWSC applies National on value and persons identifies the factors that needs adequately Laws when compensating PAPs, livelihoods compensation to be considered when addressed by Section at full determining compensation, 15 of the Acquisition replacement namely: - of Property Act, cost, and other a) market value of the property particularly Section assistance as b) damages sustained by the 15 (e) which may be person interested by severing of encompasses all necessary to any land expenses such as the help them c) damages sustained by reason replacement cost in improve or at of the acquisition injuriously determining least restore affecting any other property of compensation. their standards the person of living or d) any reasonable expenses livelihoods, incidental to a change of residence or business as a consequence of the acquisition The factors listed in S.15 of The Acquisition of Property Act 10, 1961 in essence requires that the person affected by the acquisition should be placed in a position he was had he not been affected by the move if not better 52 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures S.9 & 10 of the Acquisition of Property Act articulates the procedure for settlement of disputes for compensation by the Board of Assessment as appointed in terms of S.10. Impact Specific Compensations Agricultural Land of equal While the Acquisition of Land of equal In the absence of legal provision covering impact (including productive use Property Act applies to all PAP productive use or on agricultural land activities, it is recommended fallow) land or potential, affected by the proposed project potential, located in that EWSC applies ESS5 provision on (including or located in the with regards to the procedure the vicinity of the fallow) land or pastureland pastureland vicinity of the for acquiring and compensation affected land or the affected land it is silent on the issue of new housing site, or the new allocation land of equal plus the cost of housing site, production use or potential. It preparation to levels plus the cost of only speaks to compensation in similar to or better preparation to terms of monetary value than those of the levels similar No transfer or Stamp duty is affected land. to or better payable in respect of any than those of transfer of title consequent the affected upon acquisition of property in land, and terms of the Acquisition of transaction Property Act. costs such as registration and transfer taxes or customary fees. Land in The market Acquisition of Property Act The principle of ESS5 It is recommended that ESWC applies the urban areas value of land of Section 15(1) a. the market relating to equivalent provision under ESS5 equivalent area value of the property at the date area and use, with and use, with of the service of the notice of similar or improved similar or acquisition under section 5 or infrastructure and improved the date of publication of the services is not infrastructure notice under section 8(4), explicitly mentioned and services, whichever date is the earlier; in the Acquisition of preferably b. any increase in the value of Property Act. 53 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures located in the any other property of a person vicinity of the interested likely to accrue from affected land, the use to which the property plus acquired will be put; transaction c. any damage sustained by a costs such as person interested, by reason of registration the severing of any land from and transfer any other land of such person; taxes. d. any damage sustained by a person interested, by reason of the acquisition injuriously affecting any other property of such person; e. any reasonable expenses incidental to a change of residence or place of business of a person interested which is necessary in consequence of the acquisition. Section 22(2) Notwithstanding anything in other law, not transfer ro stamp duty shall be payable in respect of any conveyance of title consequent upon acquisition of property I terms of this Act. Houses and The cost of The Acquisition of Property Act The provision of The National law will be applied other purchasing or Section 15(1) states that: Section 15 of the structures building a a) the market value of the Acquisition of (including replacement property at the date of the Property Act, public structure, with service of the notice of particularly Section structures an area, acquisition under section 5 15 suffices in this such as quality, and or the date of publication of regard. schools, location the notice under section clinics, and similar to or 8(4), whichever date is the religious better than earlier; buildings) those of the b) any increase in the value affected of any other property of a structure; or of person interested likely to 54 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures repairing a accrue from the use to which partially the property acquired will be affected put; structure, c) any damage sustained by including labor a person interested, by and reason of the severing of any contractors’ land from any other land of fees; and such person; transaction d) any damage sustained by costs, such as a person interested, by registration, reason of the acquisition transfer taxes, injuriously affecting any and moving other property of such costs. person; e) any reasonable expenses incidental to a change of residence or place of business of a person interested which is necessary in consequence of the acquisition. Section 22(2) Notwithstanding anything in other law, no transfer stamp duty shall be payable in respect of any conveyance of title consequent upon acquisition of property I terms of this Act. Loss of The market There is no legislation which There is no national In the absence of legal provision covering loss of access to value of the deals with this aspect. legislation which access to natural resource, it is recommended that natural natural deals with the loss of EWSC applies ESS5 provision on ‘loss of access to resources resources, access to natural natural resources. which may resources. include, among others, wild medicinal plants, firewood, and other non- timber forest 55 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures products, meat, or fish. However, cash compensation is seldom an effective way of compensating for lost access to natural resources—as discussed in the guidance associated with paragraphs 16 and 33–36. The Borrower assesses means to provide, or facilitate access to, similar resources elsewhere, taking into account the impacts at the alternative location, providing cash compensation only when it can be demonstrated that no feasible alternative measures are available. Displacement Physical Displacement or Economic Displacement Physical Develop a plan The Ministry of Housing and The legal EWSC will apply ESS5 provision on “physical 56 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures displacement that covers, at a Urban Development requirement to displacement” regardless of the number of people (relocation, minimum, the Resettlement Policy and develop a plan only affected. loss of applicable Guidelines 1994, requires that applies where there residential requirements of where 10 or more households, are 10 or more land or loss of this ESS are affected, a resettlement plan affected people. shelter); or regardless of the is required to be approved, Whereas the ESS5 number of which will consider the needs of applies regardless of people affected vulnerable groups. the number of peopled affected. Economic Develop a plan While the Acquisition of There is no legal In the absence of legal provision to develop a plan displacement will include Properties Act addresses the requirement to to cover economic displacement, it is (loss of land, measures to issue of compensation for the develop this plan as recommended that EWSC applies ESS5 provision assets or allow affected affected people, it is silent on anticipated in this on “economic displacement.” access to persons to the need to develop a plan on requirement assets, leading improve, or at “economic displacement”. to loss of least restore, The Ministry of Housing and income their incomes or Urban Development sources or livelihoods Resettlement Policy and other means of Guidelines 1994 also applies to livelihood). any loss of land and assets. Consultation To ensure that Consultations shall be conducted in accordance resettlement to/with the ESS5 requirements activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. Disclosure Full disclosure is There is no legislated In the absence of a national legislation, the EWSC required requirement for disclosure of will apply 3SS5 the stakeholder engagement and Resettlement Plan Vulnerable To improve The MHUD Resettlement Policy Given that the MHUD resettlement policy guidelines will be People living conditions and Implementation Guidelines National laws adopted to meet ESS5 provisions. 57 Impact ESS5 Eswatini Legal Framework Gap Gap filling measures of poor or 1994 requires a resettlement guarantees the vulnerable plan to also consider the needs protection of all persons who are of vulnerable groups; occupiers of land to physically be affected by land displaced, acquisition, it is through recommended that provision of the EWSC applies the adequate National laws and housing, access ESS5 where the need to services and arises. facilities, and security of tenure. 58 7. VALUATION METHOD The full compensation for impact will be calculated based on replacement cost, informed by valuation reports. The compensation standards that will be used in the RAP are established by Government and shall follow the full replacement requirement of ESS5. The updated rate shall reflect the current market rates and actual values. The rates shall be disclosed and shared with PAPs. The basis for calculation of compensation shall be documented. The objective of compensation and other rehabilitation measures is to mitigate and manage the negative impacts of the involuntary resettlement aspects of components 1 and 2 of the NSWSP. The overall aim compensation is to:- (a) At a minimum restore, but preferably improve, the pre-project living standards of affected people; (b) When the Project result in permanent land loss and livelihoods of PAP is land based, the Project will, as a principle, prefer land-for-land compensation as compared to cash; (c) PAPs should be given appropriate options to choose a form of impact compensation which best suits their needs; (d) Offer development opportunities for PAPs; (e) Special measures may be required for disadvantaged or vulnerable groups impacted by the Project; (f) Ensure that PAP benefit from Projects benefits. The valuation method takes into consideration the objective of compensation and other rehabilitation measures, while valuing / calculating compensation for affected assets and means of livelihood. As per ESS5, the following will thus guide the criteria and method of valuation applied to affected properties and means of livelihood: 59 | P a g e 7.1. Agricultural fields and food gardens: • Land holders will be compensated for permanent land loss, either through the provision (identification, allocation and preparation) of replacement land, with assistance in registration of that land or in the form of cash compensation. • For temporary acquisition of land, PAPs should receive: (i) compensation equivalent to the net average income/value of agricultural production that would have been obtained from the land during the period of temporary acquisition; and (ii) restoration of the land to its original productive use or full compensation for the cost of restoration. • Owners of trees to be impacted by component 1 and 2 activities will be given advance notice to remove their trees if they so wish and will have rights to all resources from the trees. • Productive fruit and timber/fuel trees will be compensated as follows: o Compensation will be paid for future production losses, at net present value calculated for the productive life of the various fruit and timber tree species. o PAPs will be provided with three (3) replacement saplings per tree, in addition to compensation for production losses as defined above. o PAPs will have rights to all other resources (timber, firewood) from privately owned trees that are felled. • Cash compensation will be paid for the loss of crops to the crop cultivator/s, whether landholder or not. Where land was cultivated according to a rent, leasehold or sharecropping arrangement at the time of acquisition, compensation for the loss of crops will be apportioned according to the arrangement. 7.2. Permanent structures and other improvements: • Replacement value for building structures or other improvements is defined as the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure; plus the cost of 60 | P a g e transporting building materials to the construction site; plus the cost of any labour and contractor’s fees; plus the cost of any registration fees and/or transfer duties for the land. o Provision of replacement housing structure, latrines and business enterprise structures at a location agreed with the PAP or cash compensation at full replacement value for those electing to carry out replacement construction. o Cash compensation for the full or partial loss of other structures not provided in the resettlement option, such as fencing, 7.3. Business or residential tenants: Relocation assistance should they be required to move will be provided. Relocation assistance should cover: o Locating replacement housing; o Packing and moving; o Financial payment for the cost of the move and possibly for refitting the new residence; o Compensation for any immovable assets; o Loss of income during transition; o Reasonable follow-up services for the individuals in their new locations. 7.4. Workers and employees, including farm labourers and informal sector workers: o Temporary loss of employment requires compensation for wages during the transition; o In case of permanent job loss, for those who are unlikely to have a reasonable opportunity for re-employment (at equal or higher wages), the Project will make a good effort to identify alternative jobs or take other rehabilitation measures to allow them to restore their incomes. Workers not assured of alternative employment will be given the equivalent of one year's wages. o If employment disruption, whether permanent or temporary as a direct result of component 1 and 2 activities, if it results in workers to be unlikely to be re-employed, the Project should assist with a 61 | P a g e transition allowance equivalent to lost wages for the assessed duration of unemployment. 7.5. Access to services and essential resources: Impeded access is defined as barriers caused by component 1 and 2 activities that obstruct local people’s usual movements, across rivers or along pathways, thus curtailing their economic and social interactions and access to services and facilities. - If access to water, other natural resources or services is disrupted as a result of component 1 and 2 activities, alternative sources/access will be facilitated by the Contractor whether on a temporary or permanent basis; - If community buildings/facilities, such as schools or clinics, are affected by a project, they will be repaired to at least their previous condition, or replaced in areas identified in consultation with affected communities and the relevant authorities. Consultation and coordination will occur between government ministries regarding any impacts that the NSWSP may have on government assets. 62 | P a g e 8. INSTITUTIONAL ARRANGEMENTS This section describes the institutional arrangements for implementing resettlement activities under NSWSP. It reflects the core responsibilities and the respective roles of key actors15. 8.1. Eswatini Water Services Corporation The EWSC is the Executing Agency and will be responsible for the overall implementation, monitoring and supervision of the NSWSP. The EWSC has an internally constituted Project Implementation Team (PIT), comprising a Project Manager who is a Water Supply and Sanitation Engineer, the Procurement Manager, Environmental Health and Safety Manager, Public Affairs and Social Manager, the Compliance Officer and an Accountant shall be responsible for the implementation of the Project. 8.1.1. Social standards staff The PIT’s capacity to plan and implement RAP and to ensure compliance to ESSs requirement need to be strengthen. A full time and dedicated Social Standards staff is to be hired and training. Under the auspices of the Public Affairs and Social Manager, the project’s Social Standards Officer shall be responsible for: ❑ Screening the NSWSP components 1 and 2 activities to check if any activity will result in land acquisition and involuntary resettlement; ❑ Hiring a resettlement consultant for the preparation of the RAP; ❑ Preparing the ToRs for the social aspects studies related to ESS1, ESS2, ESS4, ESS5, ESS7, ESS8 and ESS10; ❑ Following up on the formation of committees and coordinate with the local authorities; ❑ Ensuring the interest of PAPs, particularly the vulnerable groups, are sufficiently addressed by the RAP; 15 These actors have been identified through the stakeholder’s identification exercise and are reflected in the Stakeholders Engagement Plan (SEP). 63 | P a g e ❑ Ensuring that compensation payments and resettlement assistances are processed on time and payments to PAPs are made promptly, ❑ Ensure that no civil work starts prior to completion of compensation and resettlement assistances, ❑ Ensuring quality and consistencies of safeguard documents in line with the ESSs; ❑ Processing RAP, RPF, RF and other relevant documents through the establishing clearance arrangements – such as WB approval; ❑ Facilitating consultation activities/stakeholders’ engagements, planning and implementing training; ❑ Participating in responding to the grievance and work towards solving related issues; ❑ Overseeing/monitoring the progress in resettlement preparation and implementation through reviewing regular progress reports; ❑ Reporting regularly to the WB on resettlement activities (RAP) implementation; ❑ Keeping records and documentation and ensuring data compilation in a way that facilitates the task of the external monitoring process; ❑ Participating in preparing the external monitoring consultant ToRs according to the WB standards; ❑ Monitoring the work of the supervising consultant and the contractor with the objective of ensuring adherence to ESSs; ❑ Reviewing the external monitoring report; and ❑ Provide monthly report on the implementation of RAP and the status of complaints filed by PAPs, ❑ Provide intensive support to Consultants involved in resettlement studies or preparation and implementation of RAP, ESMPs, LMP, and SEP. 64 | P a g e 8.1.2. Community Liaison Officers EWSC through the assistance of the Chiefs (Community Leaders) will hire Community Liaison Officer who will be the direct contact for PAP in the local communities. They will provide EWSC with assistance during consultations, identification of PAPs, and conducting of interviews, where required. The EWSC considers the Community Liaison Officers to be an extension of the PIT and therefore will be entitled to a stipend according to traditional practices for similar community office bearers and therefore will not be salaried like the PIT staff. 8.2.3. Public Affairs Department Public Affairs will ensure that women’s perspectives and the views of People Living with Disabilities are heard during consultations. The Public Affairs Department will work with the Gender Unit in the Deputy Prime Minister’s Office and People Living with Disabilities (PLDS). 8.2.4 Finance Department Financial management responsibilities of the project will be undertaken by the Finance Department of the EWSC. The Finance Department will be the custodian of the project’s financial resources and shall process compensation and resettlement assistance payments. 8.2. Consulting engineer (Consultant) Consulting engineer (Consultant) shall be recruited to provide institutional capacity and support to the Project Implementation Unit (PIT) with: (a) overall project management and supervision including procurement, design, contract management; and (b) oversee the overall implementation, monitoring, and reporting of safeguards aspects such ESMPs, LMP, SEP and RAPs. After familiarizing themselves with the project area through reading and consultations with the EWSC Project Unit, the consultants will design appropriate questionnaires intended for data collection at 65 | P a g e project location levels. The consultant will design questionnaires for data collection from various households, individual farm units, depending on the nature of information source. The RAP preparation by the Owner’s engineer, as well as monitoring and implementation, will be done in close collaboration with all impacted households, affected community members, chiefs, Royal kraal council members and other interested and affected parties. The consultations will be on-going, and an integral part of the project as set out in this RPF. In order to advance the Project, the PIT will work collaboratively with some of the ESWC departments and stakeholders such as (i) Commercial Services, (ii) Finance, (iii) Corporate Communication and Marketing, (iv) Operations Division, (v) Corporate Services, (vi) MD’s Office. The roles and responsibilities, their interest and potential influence, and the internal coordination and communication arrangements are summarised below. Table 8.1: Internal Departments EWSC Role Interest Influence Coordination Frequency Departments Purchasing coordinate High High Hold meetings to Regularly Department overall update procurement procurement plans under the and review delivery project and timelines that have prepare and high project risk revise impact Procurement Plans as needed Finance account for the High High Hold meetings to Regularly deposits and evaluate project withdrawals of financial project funds performance with Financial institution(s) and perform the audits and provide financial reports in accordance with the World Bank rules and guidelines Public Affairs Work with the High Low Hold meetings to Regularly Department Social Officer to review and update conduct stakeholder stakeholder engagement plan engagement and project 66 | P a g e EWSC Role Interest Influence Coordination Frequency Departments disclosure and outreach activities Technical Ensure timely High High Hold project Regularly Services and efficient progress meetings Department construction to highlight project and challenges and commissioning risks of the transmission line, reservoirs, pump stations and quality control. Strategic Recruitment of Medium Medium Share PIT staff As needed Services PIT staff such as requirements Department the Social Officer and Procurement Officer PIT Ensure timely High High Provide updates on Regularly approval of project progress procurement through reports processes and and meetings to discuss project risks that need their intervention In order to advance the Project, the PIT will work collaboratively with some of the EWSC departments and stakeholders. 67 | P a g e 8.3. Ministry of Natural Resources and Energy 8.3.1. Office of the Principal Secretary The Ministry of Natural Resources and Energy is the line Ministry of EWSC. The Ministry will monitor project implementation through reviewing quarterly reports and submitting them to the Ministry of Finance. The Ministry works with the Technical Services Director through the Managing Director. The Technical Services Director works with the Project Implementation Team, providing oversight of project implementation and contract management of the appointed contractor. 8.3.2. Department of Water Affairs The Department of Water Affairs in the Ministry of Natural Resources and Energy is responsible for water quota allocations and is responsible for issuing the related water abstraction permits. The Department of Water Affairs works with the River Basin Authorities who allocate water within river basins, monitor water use, and pollution collect Levy and water use charges. The Department of Water Affairs works with the Project Implementation Team, to coordinate project implementation. The Department of Water Affairs serves as the chair of the Project Steering Committee. 8.3.3. Water Community Committees The Committees are responsible for water resource management in the communities, particularly in the rural areas. The water committees are established by the Traditional authorities through guidance from Regional Administration. The Water Committees report to the Traditional Authorities. Their role in the project is to act as the contact point with the Community. They work with the Project Implementation Team, particularly the Project Engineer, Social and Environment Managers, Community Liaison Officer. Their role is to ensure that project implementation is 68 | P a g e beneficial to affected communities and that the Water Kiosks are placed in strategic areas that will be easily accessible to the community members. 8.4. Ministry of Finance The Government of the Kingdom of Eswatini through the Ministry of Finance shall be the borrower of the World Bank Loan. The Ministry will monitor the implementation of the project through quarterly reports. The Ministry will facilitate access to Finances for the project through coordinating with the bank then transferring the funds to EWSC. The Ministry will also monitor expenditure against project progress. 8.5. Ministry of Works and Transport Roads Department The Department is responsible for analysing, designing, upgrading, constructing, and maintaining the National Road Network. The department ensures availability of road reserves, culverts and bridges. The pipeline will be laid along the existing road reserve. In the project the department was responsible for granting access to the use of road reserves and road crossings thus ensuring project implementation. The EWSC has therefore, been granted permission to use the road reserve of 38m of the MR11 by the Ministry of Works and Transport (Annex V). The Ministry works with the Project Engineer and the Contractor, will ensure that the reserves are gazetted and utilised appropriately during implementation. 8.6. Ministry of Health The Ministry of Health is responsible for the implementation of the sanitation component of the project. Aspects of the component include Health promotion, and supervising construction of the sanitation facilities. The Public Health Unit will be responsible for Health Promotion and facilitating the construction of Sanitation Facilities. The Public Health Unit will work with the Water Committees and 69 | P a g e Community Health Motivators. EWSC remains the Implementing Agency and Ministry of Health is the sub-contractor for the Sanitation Component. 8.7. NSWSP Coordination Mechanism To facilitate coordination the NSWSP, and the Project Steering Committee will be operationalised and comprises of the Ministry of Natural Resources and Energy, the Ministry of Health, the Ministry of Public Works and Transport, and the EWSC. The Committee will be chaired by the Ministry of Natural Resources and EWSC will be the Secretariat. The committee will meet quarterly to review implementation reports of the project, provide guidance and corrective measures if any. 8.8. World Bank The World Bank will provide due diligence supervision of the implementation of the RPF and any associated RAPs throughout the Project implementation through regular supervision missions. During such missions World Bank social specialists will conduct document reviews and site visits. The World Bank will receive any RAPs prepared under the Project to ensure that the scope and quality is satisfactory. 70 | P a g e 9. IMPLEMENTATION PROCESS The Project Implementation Unit shall take responsibility for the implementation and coordination of resettlement related activities under the NSWSP. It shall be responsible for ensuring that compensation and resettlement payments to all PAPs are made promptly and prior to commencement of civil works. It will ensure that site(s) is/are handed-over to the contractor after submitting a compensation and resettlement assistance payment completion report to and after obtaining a clearance from the Bank. 9.1. RAP implementation schedule It is imperative that resettlement implementation is linked to the civil works if entitlement delivery and commencement of civil work is to comply with the Bank’s ESS5 requirements. While advancing implementation of RAP and ensuring compliance to ESS5 requirements, the NSWSP project implementation unity, specifically the SSD officer shall ensure that the following sequencing are followed strictly. Table 9.1: Tentative implementation schedule Timeline M18 M19 M21 Ste Activities M8 M4 M6 M2 M3 M2 M2 M2 M2 M2 M5 M7 M1 ps 0 4 2 3 1 Complete 5 Socioeconomic studies and census 2 Conduct consultation 3 Complete valuation and verification 4 Prepare, finalize and obtain clearance of the RAP 5 Agree with PAPs on compensation 6 Start and complete entitlement 71 | P a g e delivery 7 Submit Post RAP Compensation Payment Report 8 Grace period to vacation 9 Resolve all resolve residual issues 10 Site handover to contractor 11 Commence Civil works 12 Monitoring RAP In addition to following the implementation steps presented by table 9.1, the NSWSP shall also ensure that: o Possession of acquired land and related assets is under taken only after compensation in accordance with ESS5 requirements and, where applicable, displaced people have been resettled; and moving allowances have been provided to the displaced persons in addition to compensation. o Livelihood restoration and improvement programs commences in a timely fashion in order to ensure that affected persons are sufficiently prepared to take advantage of alternative livelihood opportunities as the need to do so arises. It is also important that the NSWSP starts initiating the above steps and measures in sufficient time to ensure that people have access to alternative livelihood opportunities as soon as needed. Until such measures are in place, appropriate transitional support is provided to affected persons so that they do not bear the burden of implementation delays. Planning of such transitional support should provide for contingencies allocation in the RAP to address unforeseen additional delays. In situations where the project is unable to make payment of compensation to particular affected persons, after making repeated efforts to contact absentee owners have failed, where project affected persons have rejected compensation that has been offered to them in accordance with the approved plan, or where competing 72 | P a g e claims to the ownership of lands or assets are subject to lengthy legal proceedings. - the project shall deposit the amount to the “Accountant General” Office 16 which is the equivalent of escrow account (interest-bearing escrow17 or other deposit account18) and proceed with the relevant project activities. 9.2. Compensation Process The compensation process in Eswatini depends on the dual land tenure system: i) Swazi nation land and, ii) Title Deed land. a) Public Participation with the PAPs would initiate the compensation process as part of an ongoing process that would have started at the planning stages when the technical designs are being developed and at the land selection/screening stage. This process therefore seeks PAPs involvement in a participatory approach with the NSWSP, from the onset. b) Notification of land resource holders – in cases where there is clearly no identified owner/user, the respective community liaison officer will notify the community leaders and representatives who will help to identify and locate the land users. These leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The user(s) will be informed through both a formal notification in writing and, for as many people as are illiterate, by verbal notification delivered in the presence of the Local Chief, PAPs and a NSWSP representative c) Documentation of Holdings and Assets – NSWSP manager, Public Affairs and Social Officer and the area Chief’s council will arrange meetings with affected individuals to discuss the compensation process. For each individual or household affected, Public affairs and Social Officer together with an independent evaluation consultant completes a compensation dossier containing necessary personal information on the affected party and those that s/he claims as household members, total land holdings, inventory of 16 Acquisition of Property Act 1961, Section 21 17 Escrow accounts are an exception; they are not intended to be used on a routine basis to postpone addressing ordinary complications in the implementation of a resettlement plan. 18 Compensationplacedinescrowwillbemadeavailabletoeligible persons in a timely manner as issues are resolved 73 | P a g e assets affected, and information for monitoring their future situation. This information is confirmed and witnessed by local community Liaison officer, Local Chief’s Area Councilors. Dossiers will be kept current and will include documentation of land surrendered. This is necessary because it is one way in which an individual can be monitored over time. All claims and assets will be documented in writing. d) Agreement on Compensation and Preparation of Contracts – All types of compensation are to be clearly explained to the individual and households involved. The respective project unit draws up a contract listing all property and land being surrendered, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation agreement which is signed and witnessed, pursuant to necessary due diligence. The compensation contract and the grievance redress mechanisms are read aloud in the presence of the affected party and the representative of the Regional Administrator, The Local Chief Councilors, a Representative of PAPs and NSWSP Representative prior to signing. e) Compensation Payments – All handing over of property such as land and compensation payments will be made in the presence of the affected party, the Regional administrator or representative of the Regional Administrator, The Local Chief Councilors, Representatives of the NSWSP and the PAPs. f) Compensation Payments – All handing over of property such as land and compensation payments will be made in the presence of the affected party, Representatives of the NSWSP and the PAPs. 9.3 Compensation on Title-Deed Land A. A written notice of intent to the PAPs would initiate the compensation process as part of an on-going process that would have started at the planning stages when the technical designs are being developed and at the land selection/screening stage. This process therefore seeks their involvement and wishes to involve PAPs in a participatory approach with the project, from the beginning. Notification delivered by EWSC representative. 74 | P a g e B. Documentation of Holdings and Assets – EWSC Project Implementation Team will arrange meetings with affected individual farm PAP to discuss the compensation process. For each individual farm affected, the project unit together with an independent evaluation consultant completes a compensation dossier containing necessary personal information on, the affected party. Inventory of assets affected, this information is confirmed and witnessed by individual farm PAP, EWSC Consultant or the project unit. Dossiers will be kept current and will include documentation of lands surrendered. C. Agreement on Compensation and Preparation of Contracts – All types of compensation are to be clearly explained to the individual by the project unit, a Wayleave right of way draws up and endorsed by the individual farm PAP involved. D. Compensation Payments – All handing over of property such as land and compensation payments will be made in the presence of the affected party, Representative EWSC and the PAPs. 75 | P a g e 10. DESCRIPTION OF GRIEVANCE REDRESS MECHANISMS Involuntary resettlement caused by components 1 and 2 of the NSWSP may give rise to grievances among affected households and communities on variety of issues ranging from compensation rates and eligibility criteria to the relocation sites and the quality of services available at those sites, where applicable. PAPs may complain or raise a grievance for a variety of reasons associated with resettlement impact and compensation, including but not limited to: - (a) Identification of affected land and associated assets within the Project area; (b) Ownership/responsibility for the land and associated assets; (c) Valuation of land or associated assets; (d) Quality of replacement assets; (e) Other compensation allowances; (f) The timing or manner of compensation payments; (g) Conduct of Project staff/representatives, or their methods in dealing with compensation. The points of access for grievances will be shared as part of consultation with all PAPs and through broader community and stakeholder consultations. In view of the above, the NSWSP shall establish Grievance Redress Mechanisms (GRMs) as part of the resettlement plan19. Its design must take into consideration the views of affected communities expressed during the resettlement planning process. The NSWSP Project Implementation Unit shall be required to disclose and explain to PAPs the procedure for complaints filing/ the grievance mechanism as early as possible and on a regular basis throughout the project cycle. The grievance mechanism is available at no cost, and it is important that it be easily accessible, with special attention paid to accessibility for disadvantaged and vulnerable individuals or groups. See paragraph 21and ESS10 19 76 | P a g e The Project Unit will ensure that the following grievance procedure is accessible, adequately registered and tracked, and resolution is affirmed within one month of registration as outlined in the figure below. Figure 10.1 Potential issues and compliant filing Within the context of the NSWSP, grievances are understood to be issues, concerns, problems or claims (perceived or actual) that an individual or a community group wants the EWSC through the project, to address and/or resolve. Grievances are expected to arise: a) directly from affected property owners or users and will be handled as follows; - The aggrieved person will first report his/her case to the Project Area Community Liaison Officer20 working in the NSWSP’s (Zombodze, Hosea and Shiselweni) areas - The Community Liaison Officer will report the grievance to the Project Engineer/ Resident Engineer21 who will address the grievance and feedback the Community Liaison Officer within five working days. b) Grievances may be also be reported through EWSC’s 24-hour toll-free number Call Centre, which uses a system called MAXIMO 22 that allows for the 20 21 77 | P a g e tracking of issues as they are scaled up and resolved; allowing for feedback to the complainant. When the complaint is raised, it is registered and a job card to resolve the complaint is issued. Once the complaint is resolved, the job card is signed off. Through the office of the Project Engineer, the EWSC will systematically track any grievances logged relating to project implementation and, as part of the tracking system, keep a separate record of any grievances that may arise as part of the resettlement and compensation process. It shall ensure that grievances are sorted at the point of registration to specifically address the special concerns which relate to compensation, relocation or livelihood restoration in a timely manner. The points of access for grievances will be shared as part of the consultation process with all PAPs and through broader community consultation. The Resident Engineer will serve as the point of registration for any resettlement related complaints and oversee the process to reach resolutions. The issues can be logged as (an) anonymous grievance(s). When a grievance is logged by the Resident Engineer, he will then liaise with additional members23 of the Project Implementation Team to seek resolution of the issue. The Resident Engineer shall acknowledge the complaint, unless the issue is logged anonymously. If the issue is registered anonymously it will be automatically referred to the Project Manager Upon registration, the Resident Engineer will refer the issue for resolution or mediation to relevant officials. The aim is to resolve all grievances within five days Any grievance which is not resolved within that timeframe will be reported in detail in monthly Project Team reports and the quarterly reports to the World Bank. In principle, where the complaints are related to component 1 and 2 activities, the Resident Engineer shall mediate the situation. 10.2 Grievance Redress Mechanism Structure 22 23 78 | P a g e In circumstances where disputes cannot be resolved by the Resident Engineer and the Call Center first instance dispute resolution arrangements, the dispute shall be directed or transferred to the Project Level GRM. 10.2.1 . Project Level Grievance Redress Mechanism (GRM) A project level GRM is a system of dispute resolution that shall be established at the impact corridor/location. Its objective is to bring the GRM closer to PAPs. Issues that are not resolved at first instance dispute/grievances shall be handled at the project level. All effort shall be made to resolve issues at the first instance. The project level GRM shall have the following Grievance Redress Committee (GRC) members: • The Supervising Consultant, Chairperson • The Resident Project Engineer, Member • The Contracting Entity, Member • Water Committee Chairperson • Community Liaison Officer • PAPs’ representative The project level GRC shall resolve or reach a decision five (5) days from the date the complaint is received. The chairperson of the GRC shall communicate the committee’s decision to the aggrieved PAPs in writing and maintain a record of all decisions related to each case. 79 | P a g e 10.2.2. EWSC Level Grievance Redress Mechanism A committee of knowledgeable persons, experience in the subject area, shall be constituted at the ESWC to handle complaints that have not been addressed or resolved at the Project level in the impact area or the project area corridor. The EWSC level GRM shall be comprised of the following members: • EWSC Technical Director, Chair person • EWSC Compliance Officer, Member • NSWSP Social Development Officer, Member • EWSC Public Affairs Manager • Certified Property Valuator, Member • Internal Audit, Member • PAPs representative The EWSC level Grievance redress Mechanism committee shall do everything possible to resolve issues within five (5) days from the date the case has been transferred to it from the GRC. The chairperson of the GRC shall communicate the decision to the aggrieved PAP(s) in writing. The GRC shall maintain a record of all decisions related to each case. 10.2.2. Regional Level Grievance Redress Committee (GRC) The objective of the Regional level GRC is to resolve complaints that the EWSC level GRC is unable to handle. The Regional level GRC shall comprise of the following members: • Regional Secretary, Chairperson • Town Board CEO • Traditional authority representative • Ministry of Housing and Urban Development regional representative Regional level GRC shall do everything possible to resolve issues within five (5) days from the date the case has been transferred to it from the EWSC level GRC. The 80 | P a g e chairperson of the GRC shall communicate its decision to the aggrieved (PAPs) in writing and maintain a record of all decisions related to each case. 10.4 National Level Grievance Redress Committee (GRC) When disputes are not resolved at one of the above levels, the case will be directed to the Minister for Natural Resources and Energy and the Board of Assessment 24 appointed by Government as per the provision of Sections 9, 10 and 11 of the Acquisition of Properties Act of 1961. 10.5 Grievance Procedures The following procedures shall be followed while filing and processing complains through the above described GRM structures: • Grievance Register Book: A grievance register book shall be opened and kept in the office of each GRC. All grievances shall be registered when and upon the receipt of complaints from the aggrieved. The book shall have: i) case reference number, ii) the aggrieved name, iii) the date the case is received, iv) the date the case is resolved and, v) a remarks column. • Responsibility for Registering Complaints: The Community Liaison Officer and Resident Engineer in the project area shall register in the Grievance Register Book all written complaints received. • Case Receipt: Within 24 hours of receiving complaints, the monitoring consultant shall issue a letter to the aggrieved acknowledging receipt of the case and providing a date when the case will be reviewed as well as the venue. • Public Access to the book: The book shall be accessible to the public, • PAPs: All PAPs who have issues with their compensation and assistances are required to submit written complaints to the appropriate level of GRMs. • Mediation meetings and outcomes will be recorded and kept in safe places at each of the GRC locations. 24 Acquisition of Property Act, Section 11 81 | P a g e 10.6 World Bank Grievance Redress Service World Bank Grievance Redress Services Communities and individuals who believe that they have been adversely affected by the NSWSP can submit complaints to existing country-level grievance redress mechanisms- designed specifically for NSWSP. If existing county level GRM(s) described in this RPF fail to resolve disputes in an amicable fashion, PAPs can file their complaints to the World Bank’s Grievance Redress Service - known as the World Bank’s Independent Inspection Panel25 which determines whether any harm occurred, or could occur, as a result of the NSWSP’s non-compliance with the World Bank ESF – ESS5 Requirements. Complaints may be submitted at any time to the inspection panel after concerns have been brought directly to the World Bank country office’s and the, World Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service, please visit; http://www.worldbank.org/en/projects-operations/products-and- services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. 25The Inspection Panel is an independent complaints mechanism for people and communities and people who believe they have been, or are likely to, adversely affected by a World Bank-funded Project. The World Bank’s Board of Executive Directors created the Inspection Panel in 1993 to ensure access to an independent body to express concerns and seek recourse. The Panel assesses allegations of hard to people or the environment and reviews with the World Bank followed its operation policies and procedures. Claims can be raised by any group or two or more people in the country of the World Bank finances project. Additional details of procedures on www.inspectionpanel.org. 82 | P a g e 11. RAP FUNDING ARRANGEMENTS The overall cost of financing the compensation and resettlement assistance costs/ mitigation costs relating to impacts caused by component 1 and 2 activities shall be determine following: i) the screening and impact assessment and, ii) affected properties valuation exercises have been finalised. The overall cost of mitigation measures shall be reflected in location specific RAP(s). The overall cost of RAP shall be borne by the EWSC. The ESWSC shall ensure predictable financial resource flows into the RAP Special Account that shall be opened and maintained by the EWSC accounting departments. Funding shall be made available into the RAP special account two weeks ahead of planned compensation and resettlement assistance payments scheduled. 11.1 Provision of adequate funding Adequate financial resources sufficient to cover all compensation and resettlement assistance costs and other related costs (as shown in the sample table) shall be provided for by EWSC, including 15 % contingency of the total RAP cost to offset unforeseen expenses that may occur as a result of inflation and also as a consequence of omitted and undervalued structures. 11.2 Items Covered by the Budget Compensation and resettlement assistance shall be paid to all PAPs who are qualified under the eligibility criteria and the entitlements matrix presented in this RPF. Full replacement compensation and resettlement assistance payments shall cover impacts caused by component 1 and 2 activities. Examples of items that need to be covered under RAP budget include but are not limited to: a) private properties, b) public properties, c) economic crops, d) business/Loss of income, e) tenants and Landlords allowances, f) differentiated support to vulnerable people, g) transitional and disturbance allowance, h) allocation for supervision and implementation support 83 | P a g e and, i) GRM running costs. The table in the next page can be used to guide RAP budgeting, Table 11.1: Sample RAP Budget Item Item Direct Total USD N° Impacts USD A COMPENSATION AND SPECIAL ASSISTANCES: A.1 Private Properties XX. A.2 Public Properties XX A.3 Economic crops XX. A.4 Businesses/Loss of Income XX A.5 Tenants/Landlords XX A.6 Landlords XX A.7 Special Assistance to Vulnerable Groups XX A.8 Refund to PAPs for processing document XX A.9 RPF, RAP Preparation and Consultations XX A Total (A1+A2+A3+A4+A5+A6+A7+A8) XXX B Allocations for ESF Training, implementation and XXX supervision support, GRM running costs C Post RAP Compensation and Implementation Audit XXX D TOTAL RAP IMPLEMENTATION (Supervision and XXX GRMs 10%) E CONTIGENCIES 15%* XXX GRAND TOTAL (A+B+C+D+E) XXX 84 | P a g e 12. DESCRIPTION OF MECHANISMS FOR CONSULTATIONS While preparing safeguard instruments and while implementing NSWSP and the resettlement component, the PIT shall engage in consultation with affected communities, including host communities, if any. The Stakeholders Engagement Plan (ESP) developed for the project will guide the consultation processes to be undertaken. A multi-stakeholder consultation plan at the NSWSP (Zombodze, Hosea, Shiselweni) areas, where the project will be implemented, is developed in the SEP. The plan will be updated and shall follow the “adaptive management26” approach. The SEP also identified stakeholders by interest and influence and defined their roles. Key stakeholders identified in the SEP include: i) Ministry of Natural Resources and Energy, ii) Ministry of Public Works, iii) Ministry of Health, Ministry of Education, iv) Regional Development Team and RA Property, v) Potential PAPs, vi) Water Users and Committee, vii) CSOs and, viii) Traditional leaders. The NSWSP shall remain in consultation with these stakeholders throughout the project cycle. 12.1 Consultation Strategy and Methods The consultation strategy is to ensure that all stakeholders, particularly project affected households and communities, most vulnerable and disadvantaged people are involved throughout the process of resettlement planning, implementation, and monitoring. The NSWSP shall deploy appropriate consultation methods while engaging the various stakeholders, including: i) focus group discussions, ii) informal interviews and, ii) public consultations. In each of these consultations, the NSWSP’s Project Implementation Unit shall ensure that everyone’s voice is heard, responded to, recorded, and fully incorporated into the RAP. 26 It is an approach to making decisions and adjustments in response to new information and changes in context.” Adaptive management is not about changing goals during implementation; it is about changing the path being used to achieve the goals in response to changes. 85 | P a g e 12.2. Focus Group Discussions As part of the focus group discussions, impact location specific interviews and discussions with project affected households and communities, local authorities and other stakeholders along the shall be undertaken. Their views will be captured and the appropriate responses to their concerns, shall be provided and shall also be addressed in the RAP. 12.3 Informal Interview In addition to focus group discussions, numerous informal interviews with individual PAPs shall be conducted in order to supplement information obtained from other sources – such as the property valuation report. The interface with individual PAPs shall also be used as an opportunity to clarify to each PAP the goal of resettlement and the intention of paying compensation and resettlement assistance for assets to be impacted by components 1 and 2 of NSWSP. 12.4 Public/Community Consultation In addition to the focus groups and interviews with individual PAPs, public consultations shall be held in various locations as described in the SEP. Important background information shall be obtained and discussions on the socio-economic aspects as well as on general and specific concerns which needed to be addressed have been highlighted. 12.5 Resettlement Alternatives During the consultation exercises as well as during face-to-face meetings, PAPs shall be offered with feasible alternatives including; choices related to forms of compensation and resettlement assistance: 12.6 Alternatives to be offered 86 | P a g e In line with ESS5 requirements as well as the national legal framework, the alternative offered by the NSWSP to PAPs shall include but shall not be limited to the following alternatives: i) cash compensation for affected structures using full replacement value of the affected structure; ii) project takes the responsibility for replacing the fully or partially affected structures; iii) relocating PAPs with fully affected structures and business and reconstructing their livelihoods, if this scenario prevails; iv) Paying three months net income loss for businesses that may be partially and fully affected; v) Paying three months rental/lease allowance for tenants who will be affected, vi) Providing three months rental, living and supplemental allowances to vulnerable people, vii) Providing social services and other services to vulnerable people on need basis. 12.7 Choices Related to Compensation and Resettlement Assistance Following the consultation processes that shall be carried out at various locations with PAPs, the NSWSP’s Public Affairs Senior Social Development Specialist shall summarize the outcome of each meeting. The report shall be used to inform the design of RAP. Examples of topics the repost shall cover include but are not limited to the following: i. Cash Compensation ii. Replacement Land iii. Resettlement Allowance iv. Compensation for loss of Business v. Vulnerable Households vi. Payment of compensation vii. Form of payment 87 | P a g e 12.8 Provision for updating Information on PAPs The EWSC through the NSWSP is responsible for putting in place an adaptive management system and responsive communication mechanism. The goal is to ensure two-way communication and adapt to changing circumstances on the ground. Information disclosure of the NSWSPs decision shall be imperative; and affected people shall be kept informed on decisions and changes that will affect their livelihoods. In view of these requirements the following shall be considered: • Creation of a multi-stakeholder committee to identify and address the impact of components 1 and 2 and community concerns including compensation and resettlement progress, • Crafting of a communication strategy to ensure that affected persons are informed and kept knowledgeable of resettlement policies; and are capable of asking and responding to questions and comments appropriately in both siSwati and English, • Choosing the venue of public consultations – preferably at a neutral venue • Hosting regular meetings of PAPs and their representatives, • Maintenance of an open-door policy through which PAPs can seek advice and lodge complaints, • Creation of GRCs at different levels. 88 | P a g e On-going consultation is critical in ensuring that all stakeholders in the communities are informed about project risks, impact, benefits and timeframes. Critical time frames for engagement are: 1) Consultation on resettlement principles; 2) Determination of footprint of infrastructure; 3) Preparation of RAPs; 4) Implementation of RAPs; 5) Monitoring and evaluation. The Community Liaison Officers will be recruited from project affected areas and will therefore easily accessible to all households in the Project area. The Community Liaison Officers will serve as local focal points to consult and sensitive PAPs and any relevant stakeholders on issues related to compensation, valuation principles and the grievance redress mechanism. PAPs and interested stakeholders will be given the opportunity to freely participate in meetings and to raise any queries, concerns or questions. All concerns raised must be taken into consideration when prepared the RAPs. All PAPs with legal rights to land or a valid claim to Project impacted land will be: - • Informed about their options and rights pertaining to resettlement; • Consulted on or offered choice among, and provided with technically and economically feasible resettlement; • Provided prompt and effective compensation at full replacement cost for losses of assets. Each PAP household will be provided with a signed dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received. The Social officer and Project unit will maintain a complete database on every individual impacted by the project land use requirements including relocation/resettlement and compensation, land impacts or damages. Each individual receiving compensation will have a dossier containing: • Individual biological information 89 | P a g e • Number of people s/he claims as household/homestead dependents • Amount of land available to the individual or household when the dossier is opened. • Additional information will be acquired for individuals eligible for resettlement and/or compensation: • Level of income and of production • Inventory of material assets and improvements in land, and • Debts. Each time land is used /acquired by the project, the dossier will be updated to determine if the individual or household/homestead is being affected to the point of economic non-viability and eligibility for compensation/resettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for. Engagement with communities in the Project area will take place during planning, implementation, monitoring and evaluation. EWSC has, during assessment of preliminary options for the transmission line route consulted with stakeholders in the potentially affected communities. Preliminary engagement with potentially affected communities was conducted on March 14, 16, 23 and 30 2019 and principles of the RPF was shared to enable adjustments in process based on key stakeholder preferences and concerns. This preliminary engagement will continue through the technical feasibility studies which will determine exact location of the transmission. As engagement on broader social and environmental impact commences, the Project Unit’s Social Officer will ensure that due effort is made to ensure that both women and men’s, differently abled perspectives and perceptions are taken into account during consultations. The Project Social Officer will retain records of all consultation activities related to resettlement planning, implementation and monitoring. It is expected that 3 Community Liaison Officers will be engaged, pending project location and affirmation. Should more chiefdoms than currently identified be part of the project area, additional Community Liaison Officers may be engaged. In 90 | P a g e principle, one Community Liaison Officer will be engaged in each Constituency. The Community Liaison Officers will report to the Social Officer in the Project Team. The screening exercise will identify disadvantaged or vulnerable individuals/ groups impacted by the Project. Where individual with special needs are identified, such as the landless, the elderly, the disabled, or female- and child- headed households, there will be special requirements to accommodate individuals, including as part of consultations. Should the Project unexpectedly require physical relocation, the consultation procedures will apply to any potential host community. Host community is defined as the community where those who are physically displaced by the Project will move to. Specifically, the Project Implementation Team will ensure that the following steps are part of consultation once final designs are known and resettlement impact identified. These activities may be carried out by the Social Officer, the Community Liaison Officer or a consultant as defined on behalf of the Project Management Unit: 1. Ensure initial consultation with potential PAPs to inform them on the Project, the scope and impact, their options and rights, and to receive their opinion. This might result in changes to the scope that would minimize the identified impact. 2. Carry out the census of PAPs will determine the scope of impact. The census will lead to determination of asset inventory affected and valuation. 3. Once the census with the related inventory and valuation of assets is complete, present and discuss the details with PAPs to confirm accuracy and acceptability, while ensuring that technically and economically feasible choices and alternatives are offered. 4. PAPs will be provided with copies or access to copies of the completed RAP in a language and format acceptable to them. 5. Compensation packages will be discussed with each eligible PAP for their endorsement. PAPs will be entitled to have a third-party representative during the steps leading to compensation. 6. Written agreements will be prepared and provided to PAPs for signing. 91 | P a g e 92 | P a g e 13. MONITORING AND EVALUATION Monitoring and Evaluation is a key component of the RAP. The NSWSP/PIT shall be responsible for ensuring RAP implementation. The PIT will have the overall responsibility for due diligence implementation of the RPF, with the Social Officer providing day-to-day oversight. This oversight includes the responsibility to: - 1. Timely preparation of resettlement impact screening of all activities regardless of expected risk or impact; 2. Timely preparation and clearance of RAPs as needed; 3. Management of the prior review and clearance requirements of the World Bank; 4. Monitoring RAP implementation, including monitoring of compensation and any livelihood restoration measures. The RAP will define specific indicators based on impact; 5. Track all grievances related to resettlement separate from other grievances related to the Project; 6. Training of Project staff and contractors. The Project Team will prepare:- (a) Monthly report on grievances related to resettlement; (b) Quarterly reports summarizing monitoring results and indicators; (c) Annually evaluate all environmental and social activities in a report submitted to the World Bank as part of overall Project implementation monitoring which includes a summary of the performance and compliance related to RAP implementation, verification of internal monitoring, efficiency and effectiveness of measures in place to draw lessons learned and adjust implementation approach; (d) If any RAPs are prepared under the Project, prepare a close out audit upon RAP implementation completion. Depending on scope of impact, an independent auditor may be retained to produce the audit. The PAPs or PAP representatives will participate in the project completion workshops, to give their evaluation of the impacts of the effects of the project. They are also to suggest corrective measures, which may be used to improve implementation of other projects. After completion of all 93 | P a g e expropriation/compensation operations, the PAPs will be consulted in a household survey to be undertaken as a monitoring and evaluation exercise by the Project Team. 13.1 Monitoring While taking the lead responsibility, the NSWSP/PIT shall track the preparation and implementation of RAP and shall closely monitor the following indicators: Table 13.1: RAP Monitoring Indicators # Monitoring Specific indicator frequency 1 Social and Provide number of PAPS: i) whose livelihoods have been Yearly economic restored to pre-project level, ii) whose livelihoods have monitoring improved beyond pre-project level, iii) whose livelihoods are worse than pre-project level 2 Private Provide number of PAPs: i) whose livelihood have been restored Monthly structures to pre-project level, ii) whose livelihoods improved beyond pre- project level, iii) whose livelihood are worse than pre-project level 3 Public Provide number of PAPs: i) whose livelihoods have been restored Monthly Structures to pre project level, ii) whose livelihoods have improved beyond pre-project level, iii) whose livelihoods are worse than pre-project level 4 Economic Crops Track progress on: i) number and type of economic crops Monthly replanted by affected farmers, ii) number of farmers who have restored their income to pre-project level, iii) number of farmers who have not restored their income to pre project level, iv) number of farmer whose income has been restored beyond pre- project level, v) number of affected farmers who have changed their livelihoods from farming to other livelihood activities, 5 Assistance to Track progress on: i) number of affected businesses that have Monthly Businesses resumed business operation, ii) number of businesses that have restored their net income to pre-project level, iii) number of businesses that have restored their net income beyond pre- project level, iv) number of affected businesses that have not resume operations. 6 Vulnerable Provide number of vulnerable PAPs: i) whose livelihoods have Monthly Groups been restored to pre project level, ii) whose livelihoods have improved beyond pre-project level, iii) whose livelihoods are worse than pre-project level, iv) who have received assistance from the special package, v) who are sick and who benefited from health service in the project area, vi) number of disable friendly facilitates constructed by the project such as access ramp from main road to their living quarters or neighborhood, 7 Tenants Provide number of affected tenants: i) who have found new rental Monthly places, ii) who reported that the rental allowance is inadequate, iii) who showed satisfaction over their new rental places compared to the ones they occupied before the project, iv) number of tenants who have not yet found rental places. 8 Grievances and Track grievances and report: i) number of cases at each impact Monthly grievance location, ii) the number of cases resolved, iii) number of cases management pending, v) reasons for pending cases, v) frequency of GRMs 94 | P a g e system meetings, vi) description of compliance to GRM procedures 13.2 Evaluation Evaluation exercise is aimed at ensuring that this RAP is fully implemented. The exercise shall provide feedback needed for adjusting plan and for taking corrective action. The evaluation shall have the following specific objectives: • General assessment of the implementation of resettlement activities under RAP, • Examine compliance of the implementation of resettlement activities with national laws, regulations and that of the World Bank policy on involuntary resettlement, • Assessment of resettlement and compensation procedures as outlined in the RAP, RPF and ESS5, • Evaluation of the impact of the resettlement and compensation programs on PAPs income and standard of living, with focus on the “no worse-off if not better-off” requirement, • Identification of actions to be taken as part of the on-going monitoring exercises to improve RAP implementation, if any. While conducting the evaluation process, the project shall utilize: • This RAP as its guiding instrument as well as the RPF • The Eswatini’s laws and regulations as described in the legal framework section of this RPF • ESS5 on Involuntary Resettlement, also described in chapter three Evaluation of resettlement activities will be part of the NSWSP’s: “Project Completion” review exercise and report. The resettlement aspect of the evaluation shall examine and determine the living standards of PAPs (pre-project vs post RAP implementations.) 95 | P a g e ANNEX –I Categories of affected persons likely to be impacted (i) Affected Individual. Individual who risks losing assets, investments, land, property and/or access to natural resources and/or economical resources as a result of component 1 activities. This could be a person, who farms. (ii) Affected Household. A household is affected if one or more of its members are affected by the project. This includes: Any members in the households, men, women, children, dependent relatives and friends, tenants; Vulnerable individuals who may be too old or ill to farm along with the others; Members of households who cannot reside together because of cultural rules, but who depend on one another for their daily existence. Members of households who may not eat together but provide housekeeping or other activities critical to the family’s maintenance; and other vulnerable people who cannot participate, due to being physically challenged or for cultural reasons, in production, consumption, or co-residence. In the local cultures, members of production, consumption, and co-resident groups form overlapping, often incongruent sets of people who may exchange domestic or farming services on a regular basis even though living separately. Compensation will not be limited to people who live together in a co-resident group, since this might leave out people whose labor contributions are critical to the functioning of the “household”. For example, among polygamous settings, there are situations where each wife has her own home. (iii) Vulnerable Households. Vulnerable households may have different land needs from most households, or needs unrelated to the amount of land available to them including: Unmarried women – who may be dependent on sons, brothers, or others for support. Since an affected individual is able to name the person with whom s/he is linked in dependency as part of the household, resettlement will not sever this link. 96 | P a g e Elderly – elderly people farm or work as long as they are able. Their economic viability may depend on how much land they farm. Losing land will affect their economic viability. What would damage their economic viability even more than losing land is resettlement that separates them from the person or household on whom they depend for their support HIV/AIDS afflicted persons – relatively high percentages of the poor and total population are living with HIV or are terminally ill with AIDS. Many are beneficiaries of numerous health programs from government (central and local), international organizations and the NGO community. Orphans and street children – due to the impacts of the AIDS crisis that plagues Swaziland today, there are a considerable number of orphaned children, whose parents have died from AIDS. These children today fall into three categories of care: (i) those being looked after by an uncle, aunt, grandparents or other close relative, (ii) those being looked after by the government, local authorities or NGOs and (iii) those living alone and providing for themselves and other siblings. These children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard. Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as manual work at open air markets, transporting of loads for short distances in centers, scavenging for waste paper and metals and other exploitative employment etc. They tend to live in close proximity to large towns and cities. Compensation for these orphans and street children, if they are affected by the projects in a way that requires their physical relocation, cannot be in cash. They will have to be put in a UNICEF program or registered with one of the many children’s charities that are operating in Swaziland today. Their compensation would take the form of paying for their rehabilitation and training to acquire useful vocational skills. 97 | P a g e Female-headed households – may depend on husbands, sons, brothers, or others for support. However, in other cases too, women are the main breadwinners in their household even where the men have remained with the family. Women therefore need relatively easy access to health service facilities, as mothers and wives. For example, where the land being acquired is used by a woman with no formal rights to it or a woman who is dependent on a man other than her husband for her primary income. These women should not be resettled in a way that separates them from their households as the very survival of their households may depend on them. Their compensation must take into account all these factors. Small-scale female farmers - are also vulnerable because they may not have men available within the household to carry out male specific land preparation tasks such as ringing trees, clearing or ploughing land. Either male relative in other households help them voluntarily, or they hire men for cash, or food. Land compensation specifically includes the labour costs of preparing a new land, so these women are provided for by the compensation plan. Non-farming females – these earn income from other sources and/or depend on relatives for “exchanges” of staple foods. Since they do not farm they will not be affected by the projects need for agricultural land. If a building of theirs lies on land needed by the project, they will receive replacement cost compensation. If someone on whom they depend is resettled, they are protected because the resettle can name them as part of the household. 98 | P a g e ANNEX – II Eswatini legal framework The King may regulate the use of Swazi National Land under section 10 of the Swazi Administrations Act, including the use of such land for public purposes and the resettlement of persons living thereon if necessary. Transfer Duty Act 1902 Regulates payment of transfer duty triggered by transfer of title deed land. Safeguarding of Swazi Areas Act 1910 Protection of rights of Swazi people to areas set apart under the Concessions Partition Act for the sole and exclusive use and occupation. Subdivision of Lands Act, 1957 This is an Act to consolidate and amend the law relating to the sub-division of land in Swaziland. The approval of Natural Resources Board is required for subdivision, whilst the Surveyor General is required to approve the diagram and the Registrar of Deeds to register transfer/lease. A discussion concerning the township establishment process, in which this legislation plays an important part, is contained in relationship to the Human Settlements Act, below. Acquisition of Property Act, 1961 This Act provides the authorization and procedures for compulsory real property acquisition for public purposes and provides for settlement of compensation through the establishment of a Board of Assessment. The Act states that structures affected by acquisition identified by the Ministry of Housing and Urban Development (MHUD). After identification of the properties, an independent valuation is sought then based upon the outcome, residents in affected areas are invited to negotiate with the GoKE on an individual basis. Once agreement is reached the residents are compensated prior to relocation. In cases where the resident cannot reach agreement with the offered compensation, the Minister of Housing requests convening of the 99 | P a g e Board of Assessment which is constituted by the Chief Justice who appoints a judge to be the chair of the Board. Once established, the Minister gazettes the announcement on the Board of Assessment by legal notice. The decision on compensation by the Board of Assessment will be legally binding for the Ministry and the resident. Town Planning Act, 1961 This act makes provision for the preparation and carrying out of town planning schemes in declared urban areas. It establishes the Town Planning Board, its functions, powers and duties. It authorizes the preparation of town planning schemes, the approval of schemes, variation of schemes, enforcement of schemes and compensation for injurious affection. Injurious affection is defined as being negatively affected by changes to the Town Planning Scheme such that previously established businesses or industries become illegal under new legislation. Land Survey Act, 1961 The act provides for the survey of land and matters incidental thereto. It deals with interpretation including the definition of diagram, general plan, lot, owner, registration and township. It deals with matters relating to the Surveyor-General and Surveyors, surveys and resurveys, beacons and boundaries. Deeds Registry Act, 1968 This Act consolidates and amends the laws in force in Swaziland relating to the Registration of Deeds. It establishes the Deeds Registry, appointment, duties and powers of the Registrar. It deals with the registration of land including transfers, substituted title deeds and endorsements and covers; change of title by endorsement; townships including requirements in case of subdivisions of land into lots, transfer of township, extension of boundaries of an existing township. It further deals with bonds including execution, cession, transfer and registration of notarial bonds; the rights in immovable property and antenuptial contract. A discussion concerning the township establishment process, in which this legislation plays an important part, is contained in relationship to the Human Settlements Act, below. 100 | P a g e Land Speculation Control Act and the Land Speculation Control Regulations, 1972 The act provides for the control of speculative land transactions involving persons who are not citizens of Swaziland and matters incidental thereto. The Regulations prescribe exemptions, form of consent, conduct of proceedings, and registration of landowners who are non-citizens of Eswatini through the Land Control Board and the form of appeal. The Building and Housing Act, 1988 The act provides for the control and the safety of buildings and for incidental or connected matters. It deals with the classes of buildings, locations, design and construction and building regulations, including codes of practice. The procedure required by the Act is that all applicants must submit five copies of the following documents to the Local Authority, together with an application fee: • Application form • Working drawings • Site plan showing access to the public road, existing buildings and plot boundaries • A location map • All sewerage, drainage and water plans. Plans are forwarded to several government departments and public utilities for comment. The Principal Secretary of the Ministry of Housing and Urban Development makes the final decision, except in Mbabane and Manzini, where it is made by the City Council. The regulations permit different standards are for different classes of building. Grade I regulations apply for conventional building. The Grade II Regulations, 1996, permit what might be described as “Traditional” construction, for example walls of clay or stabilized soil, ventilated improved pit latrines, and modest room sizes (10m², 7 m², Kitchen 2,3m²). National Housing Board Act, 1988 The act deals with the establishment of the Swaziland National Housing Board (SNHB) and includes provisions to purchase or by other means acquire and by sale, 101 | P a g e mortgage or lease, dispose of any movable or immovable property. It details the objects and functions of the Board which subject to the provisions of the Human Settlements Authority Act are to provide affordable housing generally in Swaziland and to take over such housing schemes as the government may determine. The SNHB make loans for acquisition of property and construction of housing or housing schemes. The Constitution of the Kingdom of Swaziland 2005 Chapter 13 of the new constitution requires the establishment within five years of a single countrywide system of local government, to allow people at sub-national and local level to regressively take control of their own affairs. Local governments shall be organized and administered through democratic means. The introduction of the new constitution coincides with the government’s decentralization policy and implementation strategy. The new constitution specifically articulates its position on property and compensation in Section 19 (1) states that “a person has the right to own property alone or in association with others.” Furthermore, the in 19(2b) the constitution states that no one should be deprived of property ownership and in cases of public interest or safety owners shall be duly compensated. MHUD Resettlement Policy & Guidelines 1994 The MHUD Resettlement Policy and Implementation Guidelines were drawn up in 1994. The key objectives of the policy are: • Involuntary resettlement should be avoided or minimised, exploring all designs and alternative mechanisms to permit residents to remain; • Where 10 or more households are affected, a resettlement plan is required to be approved, which should consider the needs of vulnerable groups; • Affected persons shall have their previous standard of living restored, and shall be no worse off; • The costs of resettlement shall be borne neither by those displaced nor the host community; • Those affected shall be compensated prior to moving for immovable assets, loss of income or livelihood, losses arising from disturbance, etc.; • Although the policy and guidelines focus on physical relocation, the rules apply to any loss of land or assets. 102 | P a g e Gender equity Since 2000, a series of significant legislation relating to gender equity in Swaziland has come into being including the new constitution. The situation may be summarized as follows: • Under the UDP a 99-Year Lease was introduced which provided equal access to land regardless of gender; • The Constitution of the Kingdom of Swaziland (2005), as well as protecting fundamental rights of all citizens (Section 14), specifically enshrines the rights of women (Section 28) to equal treatment, political, economic and social opportunities and commits the Government to enhancing their welfare and provides for equal access to land irrespective of gender (Section 211). Furthermore, according to Section 28 (3) women may not be compelled to undergo or uphold any custom “to which she is in conscience opposed. • The Gender Unit in the Ministry of Home Affairs has identified Constitutionalism and Law Reform as a priority and they have drafted a Program of Action with the assistance of UNDP. Currently the Constitution has two provisions explicitly stating the protection from gender discrimination and inequality before the law based on gender. Sections 14 and 28 enshrine gender equality reforms and redress previous legislation such as the Marriage Act of 1964, the Deeds Registry Act of 1938 and the Intestate Succession Act of 1953 and other inheritance laws. 103 | P a g e World Bank’s Standard on Land Acquisition, Restrictions on Land and Involuntary Resettlement The World Bank’s environmental and social standard 5 on Land Acquisition, Restrictions on Land and Involuntary Resettlement (ESS5) applies where project- related land acquisitions or restrictions or land use may cause: • Physical displacement (relocation, loss of residential land or loss of shelter); or • Economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood). ESS5 thus covers not only physical relocation but any loss or land, assets or access to assets. The key objectives are to: • Avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • Avoid forced eviction. • Mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost6 and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • Improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • Conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • Ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. ESS5 applied to the following persons: 104 | P a g e i. Those who have formal legal rights to land, including customary and traditional rights recognized under the laws of the country; ii. Those who do not have formal legal rights to land or assets, but have claim to land or assets that are recognized or recognizable under national laws or become recognized through a process identified in the resettlement plan; iii. Those who have no recognizable legal right or claim to the land or assets they occupy or use. Persons in the first (1.) and second (2.) category must be compensation for the loss while the third (3.) group will be provided with resettlement assistance in lieu of compensation for the land they occupy as well as other assistance as necessary, if they have occupied the area prior to an agreed cut-off date for entitlements. All three categories should be provided with compensation for loss of assets other than land. ESS5 requires that displaced people are provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; provided assistance (such as moving allowances) during relocation; and provided with residential housing or housing sites. The policy requires that the taking of land and related assets may occur only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided. Vulnerable people need to be given special attention to remove the barriers that stand in the way of their equal participation in projects, or through special project components and targeting strategies tailored to their needs. In addition, the following principles apply: • Compensation standards for categories of land and fixed assets will be disclosed and applied consistently; • Where livelihoods are land based or land is collectively owned, the preference for compensation is land-for-land; • Land and assets can only be acquired by the project subsequent to completion of compensation and other associated allowances; • Project affected communities will be meaningfully engaged and provided with options to participate in planning and implementation of resettlement programs. 105 | P a g e Project proponent must ensure that both men and women’s perspectives are reflected in plans; • PAPs must be provided with options and alternatives for compensation; • There must be a grievance mechanism in place; • The project proponent must conduct a census to identify persons who will be affected by the project in order to establish an inventory of land and assets that will be affected; • The project proponent must establish roles and responsibilities relating to financing and implementation of any required Resettlement Action Plans; • Draft resettlement plans are to be disclosed, including documentation of the consultation process, in a timely manner, in an accessible place and in an understandable form and language. It is necessary to publicly declare a cut-off date to determine eligibility and thus entitlements to resettlement and compensation for each component of the project as it is being implemented. The Project Team must ensure that the cut-off date is known by PAPs as well as Community Members in the project area. This must be communicated with clear indications of areas of impact and the process must be documented, with records retained by the Project Team’s Resident Engineer. A public notice of the cut-off date shall be displayed at the South West Regional Offices, Tinkhundla Centres, and Municipality following completion of the adjudication exercise on affected land and assets. A notice with the cut-off date will be provided in letters to PAPs and announced through community meetings which will be organised by the EWSC, the Inkhundla or Community Water Community. The Project Team will be required to send a representative to any community meetings related to resettlement. The cut-off date is provided to safeguard against encroachment or opportunists. Compensation cannot be claimed for structures constructed after the cut-off date has been publicised. The onus will be on a person who is not recorded in the census to prove that s/he qualifies for project entitlements utilising the established grievance procedures described in this RPF. Legal Framework 106 | P a g e Water Services Corporation Act 12/1992 – Servitudes: Subject to Sec 24 of this Act, the Corporation may place any conduit below the ground across any land upon which no buildings have been constructed in consultation with the municipality, chiefdom, whichever is applicable. Before exercising this power, the Corporation shall serve notice on the owner, occupier or controlling authority, in writing, of its intention to do so. This notice shall be accompanied by a plan, sufficiently indicating the manner and the extent to which the power to which the notice relates shall be exercised. If the owner, occupier or controlling authority objects, the Minister may give consent to the exercise of the power in such a way as not to hinder or obstruct other services (road, railway, watercourse, dam, or airfield). Constitution of Eswatini 2005 – Bill of Rights: In recognition of Chapter III (14) Fundamental Rights and Freedoms of the individual - Full regard is given to the supreme law of the land and its Bill of Rights. In terms of the Bill, the protected rights reigns but shall in the execution of EWSC mandate, be balanced with universally accepted development needs and goals. Environmental Management Act 5/2002 Environmental Assessments – EIA, IEE, ECCs etc. The Corporation is required to comply with Section 32 of the EM Act and by so doing, acknowledges not only the notion of nature having certain rights, but that as a citizen of the world, the Corporation must act as steward and be at the forefront of ensuring sustainable behaviour. In compliance with the requirement - at project preparation stage - the Corporation shall ensure environmental impact assessments are done, seek and obtain the required licences; where necessary, engage affected and interested parties, monitor and evaluate compliance by all within the Corporation’s control/influence i.e. employees, agents, community, contractors etc. Standard Building Act and Regulations of 1969 This legislation provides for the promotion of uniformity in the law, and building standards relating to the erection of buildings, water supply and connection, drainage and sewer etc. in the areas of jurisdiction of local authorities. The local authority shall issue the necessary permits and authorisations for any excavation or 107 | P a g e building work to be conducted in any area under its control. Relevant regulations are those pertaining to building lines – to allow for services, zoning of areas, siting of areas, access etc. Construction Industry Council Act 14/2013 – Regulates the construction industry in Eswatini. The Corporation shall register all projects it undertakes with the CIC before commencement of the project. World Bank’s Standard on Land Acquisition, Restrictions on Land and Involuntary settlement The World Bank’s environmental and social standard 5 on Land Acquisition, Restrictions on Land and Involuntary Resettlement (ESS5) applies where project- related land acquisitions or restrictions or land use may cause: • Physical displacement (relocation, loss of residential land or loss of shelter); or • Economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood). ESS5 thus covers not only physical relocation but any loss or land, assets or access to assets. The key objectives are to: • Avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • Avoid forced eviction. • Mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost6 and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • Improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • Conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced 108 | P a g e persons to benefit directly from the project, as the nature of the project may warrant. • Ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. ESS5 applies to the following persons: i. Those who have formal legal rights to land, including customary and traditional rights recognized under the laws of the country; ii. Those who do not have formal legal rights to land or assets, but have claim to land or assets that are recognized or recognizable under national laws or become recognized through a process identified in the resettlement plan; iii. Those who have no recognizable legal right or claim to the land or assets they occupy or use. Persons in the first (1.) and second (2.) category must be compensation for the loss while the third (3.) group will be provided with resettlement assistance in lieu of compensation for the land they occupy as well as other assistance as necessary, if they have occupied the area prior to an agreed cut-off date for entitlements. All three categories should be provided with compensation for loss of assets other than land. ESS5 requires that displaced people are provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; provided assistance (such as moving allowances) during relocation; and provided with residential housing or housing sites. The policy requires that the taking of land and related assets may occur only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided. Vulnerable people need to be given special attention to remove the barriers that stand in the way of their equal participation in projects, or through special project components and targeting strategies tailored to their needs. In addition, the following principles apply: • Compensation standards for categories of land and fixed assets will be disclosed and applied consistently; 109 | P a g e • Where livelihoods are land based or land is collectively owned, the preference for compensation is land-for-land; • Land and assets can only be acquired by the project subsequent to completion of compensation and other associated allowances; • Project affected communities will be meaningfully engaged and provided with options to participate in planning and implementation of resettlement programs. Project proponent must ensure that both men and women’s perspectives are reflected in plans; • PAPs must be provided with options and alternatives for compensation; • There must be a grievance mechanism in place; • The project proponent must conduct a census to identify persons who will be affected by the project in order to establish an inventory of land and assets that will be affected; • The project proponent must establish roles and responsibilities relating to financing and implementation of any required Resettlement Action Plans; 110 | P a g e ANNEX III: OUTLINE FOR PREPARING RESETTLEMENT ACTION PLANS This template is extracted from World Bank’s Environmental and Social Framework, specifically Standard 5: “Land Acquisition, Restrictions on Land and Involuntary Resettlement.” The scope of requirements and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up- to-date and reliable information about (a) the proposed project and its potential impacts on the displaced persons and other adversely affected groups, (b) appropriate and feasible mitigation measures, and (c) the legal and institutional arrangements required for effective implementation of resettlement measures. Minimum Elements of a Resettlement Plan 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: (a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project; (b) the zone of impact of such components or activities; (c) the scope and scale of land acquisition and impacts on structures and other fixed assets; (d) any project-imposed restrictions on use of, or access to, land or natural resources; (e) alternatives considered to avoid or minimize displacement and why those were rejected; and (f) the mechanisms established to minimize displacement, to the extent possible, during project implementation. 3. Objectives. The main objectives of the resettlement program. 4. Census survey and baseline socio-economic studies. The findings of a household-level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures and other 111 | P a g e fixed assets to be affected by the project. The census survey also serves other essential functions: (a) identifying characteristics of displaced households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (b) information on vulnerable groups or persons for whom special provisions may have to be made; (c) identifying public or community infrastructure, property or services that may be affected; (d) providing a basis for the design of, and budgeting for, the resettlement program; (e) in conjunction with establishment of a cut-off date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and establishing baseline conditions for monitoring and evaluation purposes. As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: (f) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (g) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; and (h) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that 112 | P a g e may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal framework. The findings of an analysis of the legal framework, covering (a) the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project; (c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and (d) gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS 5, and the mechanisms to bridge such gaps. 6. Institutional Framework. The findings of an analysis of the institutional framework covering (a) the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; (b) an assessment of the institutional capacity of such agencies and NGOs/CSOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. 113 | P a g e 9. Community participation. Involvement of displaced persons (including host communities, where relevant) (a) a description of the strategy for consultation with, and participation of, displaced persons in the design and implementation of the resettlement activities; (b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; (c) a review of the resettlement alternatives presented, and the choices made by displaced persons regarding options available to them; and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 10. Implementation schedule. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 11. Costs and budget. Tables showing categorized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Monitoring and evaluation. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement 114 | P a g e activities; involvement of the displaced persons in the monitoring process; evaluation of results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 14. Arrangements for adaptive management. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. Additional Planning Requirements where Resettlement involves Physical Displacement When project circumstances require the physical relocation of residents (or businesses), resettlement plans require additional information and planning elements. Additional requirements include: 15. Transitional assistance. The plan describes assistance to be provided for relocation of household members and their possessions (or business equipment and inventory). The plan describes any additional assistance to be provided for households choosing cash compensation and securing their own replacement housing, including construction of new housing. If planned relocation sites (for residences or businesses) are not ready for occupancy at the time of physical displacement, the plan establishes a transitional allowance sufficient to meet temporary rental expenses and other costs until occupancy is available. 16. Site selection, site preparation, and relocation . When planned relocation sites are to be prepared, the resettlement plan describes the alternative relocation sites considered and explains sites selected, covering (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is better or at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) identification and consideration of opportunities to improve local living standards by supplemental investment (or through establishment of 115 | P a g e project benefit-sharing arrangements) in infrastructure, facilities or services; (c) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (d) procedures for physical relocation under the project, including timetables for site preparation and transfer; and (e) legal arrangements for regularizing tenure and transferring titles to those resettled, including provision of security of tenure for those previously lacking full legal rights to land or structures. 17. Housing, infrastructure, and social services. Plans to provide (or to finance local community provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to maintain or provide a comparable level of services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 18. Environmental protection and management. A description of the boundaries of the planned relocation sites; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 19. Consultation on relocation arrangements. The plan describes methods of consultation with physically displaced persons on their preferences regarding relocation alternatives available to them, including, as relevant, choices related to forms of compensation and transitional assistance, to relocating as individual households families or with pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and for relocation of, or retaining access to, cultural property (e.g. places of worship, pilgrimage centres, cemeteries). 20. Integration with host populations. Measures to mitigate the impact of planned relocation sites on any host communities, including (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided in support of planned relocation sites; 116 | P a g e (c) arrangements for identifying and addressing any conflict that may arise between those resettled and host communities; and (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to meet increased demands upon them, or to make them at least comparable to services available within planned relocation sites. Additional Planning Requirements where Resettlement involves Economic Displacement If land acquisition or restrictions on use of, or access to, land or natural resources may cause significant economic displacement, arrangements to provide displaced persons with sufficient opportunity to improve, or at least restore, their livelihoods are also incorporated into the resettlement plan, or into a separate livelihoods’ improvement plan. These include: 21. Direct land replacement. For those with agricultural livelihoods, the resettlement plan provides for an option to receive replacement land of equivalent productive value or demonstrates that sufficient land of equivalent value is unavailable. Where replacement land is available, the plan describes methods and timing for its allocation to displaced persons. 22. Loss of access to land or resources. For those whose livelihood is affected by loss of land or resource use or access, including common property resources, the resettlement plan describes means to obtain substitutes or alternative resources, or otherwise provides support for alternative livelihoods. 23. Support for alternative livelihoods. For all other categories of economically displaced persons, the resettlement plan describes feasible arrangements for obtaining employment or for establishing a business, including provision of relevant supplemental assistance including skills training, credit, licenses or permits, or specialized equipment. As warranted, livelihood planning provides special assistance to women, minorities or vulnerable groups who may be disadvantaged in securing alternative livelihoods. 24. Consideration of economic development opportunities. The resettlement plan identifies and assesses any feasible opportunities to promote improved livelihoods as a result of resettlement processes. This may include, for 117 | P a g e example, preferential project employment arrangements, support for development of specialized products or markets, preferential commercial zoning and trading arrangements, or other measures. Where relevant, the plan should also assess the feasibility of prospects for financial distributions to communities, or directly to displaced persons, through establishment of project-based benefit-sharing arrangements. 25. Transitional support. The resettlement plan provides transitional support to those whose livelihoods will be disrupted. This may include payment for lost crops and lost natural resources, payment of lost profits for businesses, or payment of lost wages for employees affected by business relocation. The plan provides that the transitional support continues for the duration of the transition period. 118 | P a g e ANNEX IV: INITIAL STAKEHOLDER ENGAGEMENT MEETINGS REPORT OVERVIEW OF THE PUBLIC CONSULTATION PROCESS This section describes the outcomes of the stakeholder consultation process as part of the ESIA compilation; furthermore, it provides details of the public consultation and participation activities undertaken during compilation of the ESIA for the Nhlangano - Siphambanweni Integrated Water Supply Project. The law states that public participation and provision of access to information are obligatory procedures of the environmental authorisation process and for that reason, these consultations were aimed at being fully-inclusive, open and transparent. Stakeholder engagement and participation is of essence in the planning and implementation of the proposed water project as it will provide an opportunity for the implementing agency (EWSC) and other stakeholders to engage extensively with project beneficiaries, identify stakeholder’s interests and to collate feedback to assist in project planning and in the refinement of preliminary designs. The consultation process was carried out in accordance with the requirements of the Eswatini Environment Authority (EEA) and the Environmental and Social Standards (ESSs) of the World Bank (ESS10 – Stakeholder Engagement and Information Disclosure in conjunction with ESS1 – Assessment and Management of Environmental and Social Risks and Impacts). Public consultation, disclosure and stakeholder engagement are key requirements of the World Bank because when done effectively, they can improve the environmental and social sustainability of projects and as well as allow these stakeholders to make significant contribution to successful project design and implementation. It assists also in the management of environmental and social impacts. The requirements for stakeholder engagement in projects require that stakeholder consultation and engagement should start as early as possible in the project cycle; continue throughout the life of the project; be free of external manipulation, interference, coercion, or intimidation; where applicable enable meaningful community participation; and be conducted on the basis of 119 | P a g e timely, relevant, understandable, and accessible information in a culturally appropriate format. A number of various stakeholders are involved in this project; ranging from the Government Line Ministries, the community and other stakeholders. Noteworthy is that these consultations were carried out at both Regional and Constituency Level. At the Regional level, the following groups of people were inclusive; constituency leadership (Bucopho, Tindvuna), development partners (World Vision, Red Cross), security forces (Police, Correctional, USDF), the youth (ENYC) and Government (CTA, Education, Commerce, Rural Water, Health). For the Constituency Level, these groups of people were consulted; the youth, water committees, WASH community representatives, social workers (Bagcugcuteli), traditional authorities and community police. The public consultation process began in March 14, 2019. The primary aims of the public participation process are: ▪ To inform Interested and Affected Parties (I&APs) and key stakeholders of the proposed application and environmental studies; ▪ To initiate meaningful and timeous participation of I&APs; ▪ To identify issues and concerns of key stakeholders and I&APs with regards to the application for the development (i.e. focus on important issues); ▪ To promote transparency and an understanding of the project and its potential environmental (social and biophysical) impacts (both positive and negative); ▪ To provide information used for decision-making; ▪ To provide a structure for liaison and communication with I&APs and key stakeholders; ▪ To ensure inclusivity (the needs, interests and values of I&APs must be considered in the decision-making process); ▪ To assess the level of stakeholder interest and support for the project and to enable stakeholders’ views to be taken into account in project design and environmental and social performance; ▪ To anticipate and avoid risks and impacts and where possible, minimize or reduce risks to acceptable levels; ▪ To focus on issues relevant to the project, and issues considered important by I&APs and key stakeholders; and 120 | P a g e ▪ To provide responses to I&AP queries. The public participation process for the proposed project was undertaken according to the stages outlined below. Scoping phase stakeholder engagements Initial Stakeholder Consultations At the inception of the ESIA process, the Development Teams from each benefiting community were engaged. Meetings were also held with the Ministry of health, which is driving the sanitation part of the project. Consultations were conducted at Regional level (Shiselweni Region Development Team) and further condensed to Constituency level (Zombodze Emuva Inkhundla Development Team, Hosea Inkhundla Development Team and Shiselweni 1 Development Team). All I&AP information; including details on who was consulted, consultation dates, what was consulted on and general feedback on consultation process, responses, has been included and acts as a record of the communication/public involvement process. This has been attached as Appendix VI of this report. A total of five consultative meetings were held on the following dates, the last meeting was the scoping meeting: 121 | P a g e Table 1: Consultation meetings Meeting Date Shiselweni Regional Development Team 14 March 2019 Zombodze Emuva Constituency 16 March 2019 Hosea Constituency 23 March 2019 Shiselweni 1 Constituency 30 March 2019 Hluthi Sub-regional Offices (Scoping Meeting) 04 April 2019 During these consultations, a PowerPoint presentation was presented by the EWSC’s Project Manager; Mr Bongani Mdluli and the Corporation’s Public Affairs Manager Ms Nomahlubi Matiwane explained the aim of the meeting which was to; • Provide background information about the proposed water project (project brief including purpose, nature and scale of the project; duration of proposed project activities; • Gather feedback and identify stakeholders’ interests • Address social, technical and environmental issues (a) • (c) Potential risks and impacts of the project on local communities, and the proposals for mitigating these, highlighting potential risks and impacts presenting brief differentiated measures taken to avoid and minimize these; • (d) Highlight the ways in which stakeholders can participate; • (e) The proposed set up of public consultation meetings, and the process by which meetings will be notified, summarized, and reported; and • (f) The process and means by which citizen feedback will be raised and be addressed. The people were then allowed to voice their comments and seek clarifications. The following photo plates show the pictures of the different consultations that have been carried out so far. 122 | P a g e Photo plate 1: A section of Attendees for the Shiselweni Regional Team meeting Photoplate 2: the project Manager presenting the project outline Photo plate 3: Interactions with the Shiselweni Regional Team 123 | P a g e Photo plate 4: Zombodze Emuva Consultations Photo plate 5: Interactions with Zombodze Emuva Attendees 124 | P a g e Photo plate 6: Hosea Inkhundla Consultation Attendees Photo plate 7: submission of the Environmentalist at Hosea Inkhundla Photo plate 8: A section of Attendees for Hosea Inkhundla 125 | P a g e Photo plate 9: Some of the Attendees of the Consultative Meeting for Shiselweni 1 Photo plate 10: A Presentation by Ms Matiwane during the Meeting Photo plate 11: Interactions with the Attendees who required Clarification Focus Group Meeting - Women Only One focus group meeting has been held thus far, with women. In this meeting, the women were asked for their perceptions and expectations with respect to the 126 | P a g e proposed project and in particular the location of kiosks along the project area for ease of accessibility. They were also asked to indicate the main challenges they face as a result of the unavailability of potable water in the area. Issues of sanitation were also discussed as perpetuated by the lack of clean water. 127 | P a g e The following photo plates illustrates the discussion. Photo plate 12: The Focus Group Discussion Photo plate 13: Ms Matiwane Chairing the Discussion Advertising for the Scoping meeting Site Notices Site notices were erected at various noticeable locations along the MR11 corridor (Nhlangano - Siphambanweni). A3 size site notices in both English and Siswati were placed at the boundaries of the site and surrounding population concentrated areas (Hluthi Police Station, Siphambanweni Water Kiosk, Market Stalls and multiple Bus Stop Shelters along the aforementioned road amongst others), inviting interested and affected members of the public to a scoping meeting as part of the ESIA compilation process. The photo plates show some of the notices displayed; 128 | P a g e Photo plate 14: Advert displayed at the entrance of a local shop Photo plate 15:An Advert at Siphambanweni Kiosk Advertising To support the project environmental review process, members of the public and I&APs were invited to a scoping meeting with the purpose of collecting public input and allowing the public and I&APs to express their views and concerns about the project. The primary aim of the advert was to ensure that the widest possible group of I&APs were informed of the project, and to elicit comments from the public regarding the proposed project. This interactive process is key in the determination of major issues and impacts that will be vital and need to be addressed in the ESIA. This advert was published in the local newspaper for two consecutive weeks on the 129 | P a g e following dates; 23rd March 2019, 30th March 2019, 31st March 2019 and 3 April 2019. To reach a wider audience, members of the public and I&APs were also invited to the meeting on various social media platforms including Facebook, through the EWSC’s pages. The following photo plate shows one of the published adverts on the local Newspaper; Photo plate 16: Advert in the local newspaper 130 | P a g e Photoplate 17:Advert on EWSC facebook page Public Scoping Meeting The primary aim of the public meeting was to: ▪ Provide I&APs and stakeholders with information regarding the proposed project and associated infrastructure; ▪ Provide I&APs and stakeholders with information regarding the ESIA process; ▪ Provide an opportunity for I&APs and stakeholders to seek clarity on the project; ▪ Record issues and concerns raised; and ▪ Provide a forum for interaction with the project team. The scoping phase for the consultations were process was concluded in 04 April 2019. A scoping report has been compiled and submitted as Appendix of this report. Further consultations Further Consultations will be carried out as outlined in the environmental and social commitment plan (ESCP) developed for this project. 131 | P a g e Annex 5: Authorization letter to use the road reserve on the MR11 132 | P a g e Annex VI: Stakeholders’ consultations NHLANGANO- SIPHAMBANWENI WATER SUPPLY PROJECT _______________ STAKEHOLDER CONSULTATIONS MINUTES 133 | P a g e 1. INTRODUCTION Project Overview Ensuring access to clean water and proper sanitation services remains a priority for the Government of Eswatini. Through the implementation of various sustainable water projects, the Government of Eswatini seeks to reduce the number of people without access to clean water and ultimately reaching a 100% coverage by 2022. The Government is looking at strengthening water security in the Shiselweni Region through the integration of existing water network systems and construction of new water infrastructures. Currently, Eswatini Water Services Corporation operates two distinct water systems ( Lavumisa- Siphambanweni Water Network) and the ( Masibini- Nhlangano Water Network). The proposed project will integrate the two systems Stakeholder Engagement and Participation Stakeholder engagement and participation is of essence in the planning and implementation of the proposed water project as it will provide an opportunity for the implementing agency (EWSC) and other stakeholders to engage extensively with project beneficiaries, to identify stakeholder’s interests and to collate feedback to assist in project planning and in the refinement of preliminary designs. Approach and Methodology Stakeholders will be segmented and engaged at different stages of the projects. Since the project is at its initiation stage, only the Development Teams from each benefiting community were engaged. Consultations were conducted at Regional level (Shiselweni Region Development Team) and further condensed to Constituency level (Zombodze Emuva Inkhundla Development Team, Hosea Inkhundla Development Team and Shiselweni 1 Development Team). Stakeholders that were engaged represented different interest groups such as: Stakeholders Engaged at Regional Level Stakeholders engaged at Constituency Level • Constituency Leadership (Bucopho, Tindvuna) • Youth • Development Partners(World Vision, Red Cross) • Water Committees • Security Forces( Police, Correctional, USDF) • WASH Community Representatives • Youth( ENYC) • Social Worker (Bagcugcuteli) 134 | P a g e • Government(CTA, Education, Commerce, Rural • Traditional Authorities Water, Health ) • Community Police A total of four consultative meetings were held on the following dates: Meeting Date Shiselweni Regional Development Team 14 March 2019 Zombodze Emuva Constituency 16 March 2019 Hosea Constituency 23 March 2019 Shiselweni 1 Constituency 30 March 2019 This document provides a summary of stakeholder engagement, issues that were raised and discussed and stakeholder input. 135 | P a g e CONSULTATIVE MEETING WITH SHISELWENI DEVELOPMENT TEAM 136 | P a g e Venue: Eswatini Water Services Corporation South West Regional Offices Date: 14 March 2019 ___________________ 1. ATTENDANCE Attendance register is attached to the document. All individual in attedance represented different interest groups. 2. INTRODUCTIONS AND PURPOSE OF THE MEETING The meeting was chaired by the Mrs Sibongile Mamba representing the Shiselweni Regional Secretary . Explaining the purpose of the meeting was Eswatini Water Services Corporation Public Affairs Manager Ms Nomahlubi Matiwane who elucidated that the meeting was aimed at : • Providing background information about the proposed water project ( project brief) • Gathering feedback and identifying stakeholders interests • Addressing social, technical and environmental issues _________________________ Purpose 1: Providing background information about the proposed water project Project brief was presented by EWSC Projects Manager Bongani Mdluli and the following topics were covered: Project Brief The Government of Eswatini is proposing to construct a water pipeline from Nhlangano to Siphambanweni with the aim of integrating the existing ( Nhlangano Water Network) with the ( Lavumisa-Siphambanweni Water Supply). Integrating the two systems will ensure water security and service consistency in the event that one system fails. • The proposed project also accomodates the extension of the water network to communities along the route of the proposed pipeline main( Hosea, Shiselweni 1 and 137 | P a g e Zombodze Inkhundla) Water supply will be provided through water kiosks and individual connections. A total of 24 water kiosks will be constructed at strategic places that will be identified by the communities. According to the preliminary designs , three water reservoirs will be constrcuted in ( Mhlosheni, Hluthi and Our Lady of Sorrows) , a pump station and solar plant (panels) to reduce the cost of using electricity when pumping the water. • For ease of communication and project success , a Community Liason Officer will be employed who will represent the interest of the community and liase with EWSC and appointed contractor on issues pertainign to the project. • An environmental assessment will be conducted to assess the environment and social impact of the project and a mitigation plan will be put in place to address identified issues of concern. Project Timelines • The Project Manager also shared the anticipated project timelines which accounts for all planned activities including approval of project by the World Bank, design of water network, construction and defect liabilty period. In summary the project is anticipated to be completed in 4 years. Preliminary Project Designs • The proposed route was presented and community members were requested to indicate if there were no areas that have been left out. Projects Engineer Bongani Mdluli presenting the project brief 138 | P a g e Purpose 2: Gathering Feedback and Identifying Stakeholder`s Interest / Purpose 3: Addressing social, technical and environmental issues Stakeholders were given an opportunity to ask questions and the following concerns were raised and addressed : PROJECT RELATED ISSUES Concern Raised Response 1. Rural Water is in the process of implementing some water Assessment of existing water schemes to be done to evaluate their projects ( Bethel, Paradise) within the proposed project area. What effectiveness and sustainability. For ease of sustainability, water supply will happen to the existing water projects? from EWSC should not be supplementary to other water supply projects. 2. There are areas that are not covered in the proposed development, EWSC will consider new areas as time progresses are there any future plans to include those areas ? 3. Are aspiring customers supposed to bear the costs of buying No, EWSC provides all-inclusive service once payment by client has been laterals(pipes) that connects them from water main? made. 4. Water kiosks owners are supposed to sell water and collect money, The security concerns are noted. The Kiosk operators will be trained on will that not expose them to danger as they might be robbed ? cash management to avoid possible risks and as well security options will be considered with the community. 5. Why is EWSC not providing water through prepaid meter ( card) The company is laways considering options of making their service better. These options will be considered. 139 | P a g e 6. During the implementation of the SISOMA Water Project , there It has been included in the scope of the project. are areas that are at close proximity to proposed water project ( Bambitje) can those areas be accomodated ? SOCIAL ISSUES Concern Raised Response 7. When it comes to issues of employment, can there be transparency The comment is noted. the contractor will be given guidelines to work to avoid conflict ? under, which will invlude collboration with the community leaders to avoid unnecessary conflict. Other issues raised that are not related to the proposed project Concern Raised Response 8. In relation to the Maseyisini Water Project, does EWSC has a EWSC embraces an environmentally friendly approach in executing its monitoring mechanism to ensure that roads are rehabilitated and projects to minimize environmental degradation . the environment is left in a better state because during the implementation of the above mentioned project, roads not rehabilitated. 9. Why does EWSC conduct numerous projects concurrently instead EWSC works at delivering theire services efficiently. Therefore, working of completing one project and moving on to the next one. This is in at several projects helps increse the reach of water supply to more people reference to the Maseyisini Water Project. 140 | P a g e within a short space of time. 10. The quality of water in Somntongo is terrible can EWSC The comment is noted, and the matter will be adressed by EWSC as quality investigate that and ensure that the water is clean is one of the key aspects for the company. 11. During the implementation of the SISOMA Water Project, existing EWSC made sure to fix any infrastructute that was destryed during the water schemes pipelines were destroyed and never rehabilitated. SISOMA project. Any further outstanding issues will be investigated and Why is that so? attended to. 141 | P a g e INTERACTIONS WITH THE SHSELWENI DEVELOPMENT TEAM 142 | P a g e CONSULTATIVE MEETING AT ZOMBODZE INKHUNDLA 143 | P a g e Venue: Zombodze Inkhundla Centre Date: 16 March 2019 ___________________ 1. ATTENDANCE Attendance register is attached to this document. All individual in attedance represented different interest groups. 2. INTRODUCTIONS AND PURPOSE OF MEETING All stakeholders present were requested to introduce themselves before EWSC took the podium to do a presentations explaining the purpose of the meeting. The purpose of the meeting was to: • Providing background information about the proposed water project ( project brief) • Gathering feedback and identifying stakeholders interests • Addressing social, technical and environmental issues Purpose 1: Providing background information about the proposed water project Project brief was presented by EWSC Projects Manager Bongani Mdluli and the following topics were covered: Project Brief The Government of Eswatini is proposing to construct a water pipeline from Nhlangano to Siphambanweni with the aim of integrating the existing ( Nhlangano Water Network) with the ( Lavumisa-Siphambanweni Water Supply). Integrating the two systems will ensure water security and service consistency in the event that one system fails. • The proposed project also accomodates the extension of the water network to communities along the route of the proposed pipeline main( Hosea, Shiselweni 1 and Zombodze Inkhundla) Water supply will be provided through water kiosks and individual connections. A total of 24 water kiosks will be constructed at strategic places that will be identified by the communities. According to the preliminary 144 | P a g e designs , three water reservoirs will be constrcuted in ( Mhlosheni, Hluthi and Our Lady of Sorrows) , a pump station and solar plant (panels) to reduce the cost of using electricity when pumping the water. • For ease of communication and project success , a Community Liason Officer will be employed who will represent the interest of the community and liase with EWSC and appointed contractor on issues pertainign to the project. • An environmental assessment will be conducted to assess the environment and social impact of the project and a mitigation plan will be put in place to address identified issues of concern. Project Timelines • The Project Manager also shared the anticipated project timelines which accounts for all planned activities including approval of project by the World Bank, design of water network, construction and defect liabilty period. In summary the project is anticipated to be completed in 4 years. Preliminary Project Designs • The proposed route was presented and community members were requested to indicate if there were no areas that have been left out. From the discussions it emerged that Chibidze Primary School located between Ngwane Central Primary School and Machobeni was not accomodated in the proposed pipeline. 145 | P a g e Purpose 2: Gathering Feedback and Identifying Stakeholder`s Interest / Purpose 3: Addressing social, technical and environmental issues Stakeholders were given an opportunity to ask questions and the following concerns were raised and addressed : PROJECT RELATED ISSUES Concerns Raised Response 1. What does CLO stand for and is there any specific age preference It stands for Community Liaison officer. for the ideal candidate ? 2. Can EWSC give an assurance that the project will definitely be The project will go ahead since considerable work has been done to put in implemented because the communities have been subjected to place preliminary designs and engage the communities unfulfilled promises in the past of imminent water projects that ended up not being implemented? 3. Does the project has a provision for indivial water connections or The project will bring water pipeline close to the settlements, but the all community members have to access water from the water individual homes can then make connections from the pipelines to tehir kiosks? homes. The water kiosks will help cater for those who cannot afford to do the connections and those for whom the pipeline does not reach yet. 4. Will the project be implemented regardless of the fact that some Yes the project is on track to be implemented, but it also has a sanitation areas are lagging behind on issues of sanitation ? component 146 | P a g e 5. In some water projects, community members are required to The EWSC water supply is uses the meter system, which involves issuing contribute a certain amount of money towards the development( of water bills to users. The community will be educated on billing and 10%) , will they not be required to make that contribution? water conservation measures. 6. The community has existing water schemes, will the proposed The project will not disrpt existing water schemes, but will rely on te project accommodate the existing water schemes or they have to community to assist in location of pipelines to avoid disturbing their water apply for water connection as individuals? supply. ENVIRONMENTAL ISSUES 7. How will EWSC address land issues as the designs indicate that Where there is need for land, be it temporary or permanent, the land the pipeline will traverse through private properties? owners will be engaged and project activities will not commence on those properties without agreements with those concerned. SOCIAL ISSUES Concern Raised Response 8. EWSC should ensure that the construction companies ( workers) The suggestion was noted. ESWC will ensure that the contractor adheres to uphold good moral behaviour to avoid perpertuation of increased good practices and has a health and wellness policy HIV infections and unplanned pregnancies within the communities SERVICE DELIVERY Concern Raised Response 9. Will EWSC be prompt in addressing customer complaints such as EWSC has a dedicated 24 hour Toll Free that deals specifically with 147 | P a g e water interruptions, high water bills? customer complaints Overall the community members expressed their gratitutude to the Government of Eswatini and the World Bank for the water project as currently they do not have a stable water supply. 148 | P a g e INTERACTIONS WITH THE SHISELWENI DEVELOPMENT TEAM 149 | P a g e CONSULTATIVE MEETING AT HOSEA INKHUNDLA 150 | P a g e Venue: Hosea Inkhundla Date: 23 March 2019 ___________________ 1. ATTENDANCE Attendance register is attached to this document. All individual in attedance represented different interest groups. 3. INTRODUCTIONS AND PURPOSE OF MEETING All stakeholders present were requested to introduce themselves before EWSC took the podium to do a presentations explaining the purpose of the meeting. The purpose of the meeting was to: • Providing background information about the proposed water project ( project brief) • Gathering feedback and identifying stakeholders interests • Addressing social, technical and environmental issues Purpose 1: Providing background information about the proposed water project Project brief was presented by EWSC Projects Manager Bongani Mdluli and the following topics were covered: Project Brief The Government of Eswatini is proposing to construct a water pipeline from Nhlangano to Siphambanweni with the aim of integrating the existing ( Nhlangano Water Network) with the ( Lavumisa-Siphambanweni Water Supply). Integrating the two systems will ensure water security and service consistency in the event that one system fails. • The proposed project also accomodates the extension of the water network to communities along the route of the proposed pipeline main( Hosea, Shiselweni 1 and Zombodze Inkhundla) Water supply will be provided through water kiosks and individual connections. A total of 24 water kiosks will be constructed at strategic 151 | P a g e places that will be identified by the communities. According to the preliminary designs , three water reservoirs will be constrcuted in ( Mhlosheni, Hluthi and Our Lady of Sorrows) , a pump station and solar plant (panels) to reduce the cost of using electricity when pumping the water. • For ease of communication and project success , a Community Liason Officer will be employed who will represent the interest of the community and liase with EWSC and appointed contractor on issues pertaining to the project. • An environmental assessment will be conducted to assess the environment and social impact of the project and a mitigation plan will be put in place to address identified issues of concern. Project Timelines • The Project Manager also shared the anticipated project timelines which accounts for all planned activities including approval of project by the World Bank, design of water network, construction and defect liabilty period. In summary the project is anticipated to be completed in 4 years. Preliminary Project Designs • The proposed route was presented and community members were requested to indicate if there were no areas that have been left out. From the discussions it emerged that Chibidze Primary School located between Ngwane Central Primary School and Machobeni was not accomodated in the proposed pipeline. Addressing Environmental Issues MTK Environmental Consultants (Mrs Thobile Khumalo) explained the processes and activities that will be undertake to mitigate the environmental impact of the proposed project. • A scoping meeting will be held on the 4th of April 2019 where all stakeholders who have interest in the project were invited to make their submissions. • The Consultants will be touring the proposed pipe route to identify issues of environmental significance such as burial sites, indigenous trees and rivers and any other environmental features that may be affected. 152 | P a g e Purpose 2: Gathering Feedback and Identifying Stakeholder`s Interest / Purpose 3: Addressing social, technical and environmental issues Stakeholders were given an opportunity to ask questions and the following concerns were raised and addressed : PROJECT RELATED ISSUES Concern Raised Response 1. Will the water pipeline be The water pipeline will be kept along the road reserve to avoid constrcuted along the road encroachment on private properties reserve? 2. Who is responsible for water EWSC is responsible for water connection from the water main up to the connections from the water main meter and after the meter it is the customers responsibility even in to the homesteads ? terms of mainteinance 3. Will EWSC provide water for EWSC supplied water is basicaly for human consumption because there irrigation and livestock or its strictly is a lot of work and processes that goes into treating and getting the for household consumption? water closer to the people. It is not advisable to use EWSC water for irrigating large hectares and livestock. The Ministry of Agriculture is responsible for irrigation schemes. 4. Since the water main will be EWSC is responsible for provision and mainteinance of water trarvesing on one side of the road, infrastructure including water connections and in the event that a road how will homesteads across the crossing is necessary, EWSC will carry out the required works. road be accomodated. ? 5. How many metres does EWSC During the tenure of the project community members will be educated accomodates and what happens in on how EWSC operates and in relation to water connections ,the the event that the homestead is connection fee only accomodates 15metres from the water main. If the located a few kilometres from the homestead is located further than the 15 metres, a customer is provided water main? with a quotation for the additional metres . 6. What will happen to existing water EWSC is working with Rural Water to identify existing water schemes schemes? within the project area and will then devise a plan on how the two systems (EWSC) and (Rural Water/Community water) can co-exist. 7. Where does EWSC place the water The water meter is installed within the customer`s property for safety meter reasons. ENVIRONMENTAL ISSUES 8. How will the issue of private EWSC has already started engaging property owners affected by the properties be addressed ? project Overall the community members expressed their gratitutude to the Government of Eswatini and the World Bank for the water project as currently they do not have a stable water supply. 153 154