RESETTLEMENT POLICY FRAMEWORK Guyana Flood Risk Management Project- Additional Financing – P147250 Ministry of Agriculture – 15 July 2019 Georgetown, Guyana 2 Resettlement Policy Framework Table of Contents PROJECT BACKGROUND .......................................................................................................................4 RESETTLEMENT POLICY FRAMEWORK OBJECTIVES .....................................................................................7 PROJECT INSTITUTIONAL FRAMEWORK ....................................................................................................7 ESTIMATED POPULATION .....................................................................................................................8 ELIGIBILITY CRITERIA FOR DEFINING DISPLACED PERSONS ............................................................................8 LEGISLATIVE FRAMEWORK ...................................................................................................................9 PROCESS FOR PREPARING, APPROVING AND IMPLEMENTING RESETTLEMENT PLANS ........................................ 12 CONSULTATIONS.............................................................................................................................. 13 GRIEVANCE REDRESS MECHANISM ....................................................................................................... 14 INTERNAL AND INDEPENDENT MONITORING ........................................................................................... 14 ANNEX 3: LAWS OF GUYANA, CHAPTER 64:03 DRAINAGE AND IRRIGATION, PART VII COMPENSATION .......... 18 ANNEX 5: MINISTER’S OPEN DAY INTAKE FORM ..................................................................................... 24 3 Resettlement Policy Framework Project Background Guyana’s coastal plain is flood-prone making the national economy and the population susceptible to the impacts of high seasonal rainfall and storm events affecting the country. Record rainfall in 2005 resulted in widespread flooding and an estimated US US$465 million in damages, which amounted to 59 percent of Guyana GDP at the time. The coastline, the population center for 90 percent of the country’s population , has experienced other rainfall events which have also resulted in economic and livelihood losses. Flooding, which can be expected to increase with climate change, is a threat to Guyana’s economic resilience. Recognizing that flood mitigation fosters shared prosperity and is an engine for equitable economic growth, job creation and poverty reduction, the Government of Guyana through its Ministry of Agriculture has embarked upon several interventions to address the threat. The Guyana Flood Risk Management Project (FRM) is one such intervention by the government with financial assistance from the World Bank. The Guyana FRM project concentrates on the coastal area of the East of the Demerara River. The East Coast of Demerara is in Region 4, the most populous region of the country. The coastal plain is low-lying, below sea level and protected from inundation from the sea by a seawall along the Atlantic Ocean. Fluvial flooding on the East Coast is protected by an inland water reservoir, the East Demerara Water Conservancy (EDWC), a large, shallow water storage system with a catchment area of 571 square kilometers, dammed on three sides. The reservoir, built several centuries ago, comprises a dam which prevents storm water from the inland area from entering the reclaimed coastal land. The reservoir also provides agricultural lands and urban areas with irrigation and drinking water. In addition, the reservoir serves as a main catchment for water storage during rainfall events and regulates the drainage of the dependent coastal areas. The drainage system of the coastal area is enhanced by a series of drainage channels controlled by sluices which reduce water levels by draining the EDWC, avoiding stress to the dams and the increased the risk of structural failure. Following the landmark floods of 2005, the Government of Guyana (GoG) re-emphasized the importance of flood risk management to Guyana’s economic, social and political well -being, 4 Resettlement Policy Framework increasing the budget for the National Drainage and Irrigation Authority (NDIA) of the Ministry of Agriculture (MoA) to undertake investments, maintenance and future planning. Original Project’s Objectives, Design and Scope The main objective of the GY FRM is to reduce the risk of flooding in the low-lying areas of the East Demerara. The GY FRM Project was designed to address several priority interventions identified by the GoG through the 2008-2013 Conservancy Adaptation Project (CAP) study and it consists of three components: 1) Priority works for flood risk reduction, 2) Institutional strengthening for flood risk reduction, and 3) Project management and implementation support. The project which commenced in October 2014 has three components. The status of the works under the various components are as follows: Component 1: Priority Works for Flood Risk Reduction (US$10.3 million) Upgrading critical parts of the EDWC dams. The rehabilitation of 4 km out of the 67 km of the EDWC dam has been on-going since August 2016. Within the Conservancy, the rehabilitation of small existing irrigation structures is currently on hold because of lack of available resources. Investments in the East Coast Demerara Drainage System. This component consisted of the construction of three pump stations at Buxton, Hope/Enmore, and Lusignan all of which were successfully completed in 2018. Overall, the pump stations cover an area of 7,800 hectares and serve more than 47,000 people directly in Region 4, thereby reducing their exposure to recurrent floods. Component 2: Institutional Strengthening for Flood Risk Reduction (US$0.4 million) Under this sub-component of Dam Safety Improvement, several plans and guides were produced to guide and supervise the project works. These include the ‘Construction Supervision and Quality Assurance Plan’, the ‘Instrumentation Plan’, and the ‘Operations Maintenance and Surveillance Plan’. This component also saw the installation and improvement of instruments to monitor and record the dam behavior and the purchase of instrumentation equipment to expand the hydro-meteorological data in the EDWC to include upstream watershed data - part of the Instrumentation Plan. 5 Resettlement Policy Framework Communications. A video to support knowledge management in the disaster risk management and the drainage and irrigation sectors, highlighting the works carried out under the FRM and its impact on the population (before and after approach) is being prepared by the Project Implementation Unit (PIU) – the Agriculture Sector Development Unit (ASDU). Other communications activities are on hold. The revised Emergency Preparedness Plan (EPP), the flood modeling and capacity building activities, and the communication and outreach activities are currently on hold for lack of resources available. Component 3: Project Management and Implementation Support (US$1.2 million) Component three consist of the procurement and financing of personnel/staff for the implementation of the project inclusive of project management, financial, procurement, administrative assistance and safeguards specialists. Additional Financing The Government of Guyana through the MoA is seeking additional financing for the project. The additional finance will be directed to the completion of the rehabilitation works of the EDWC dam i.e. completion of one activity of Component 1 (needed due to shortfalls caused by exchange losses) (US$0.9 million), and a scaling up of components 1, namely the financing of flood-risk reduction works in the Liliendaal area (US$2.9 million). The Liliendaal area has severe flood problems during intense rainfall events and it was identified in the CAP study as one of the coastal lowlands’ priority areas for intervention. The CAP study identified various complementary potential interventions in this area to reduce the risk to flooding. These include: removing bottlenecks in the drainage system, adding more retention capacity and also adding extra pump capacity to the existing pump station at Liliendaal to allow drainage of water off the land east of Sheriff Street and its environs, which include the University of Guyana and the Cyril Potter College of Education compounds. Recent field visits and preliminary assessments revealed that the existing pump station cannot drain its maximum capacity since one of the two pumps needs substantial repair. Following the CAP study recommendations, the additional resources will be targeted to no-regret measures based on a drainage system assessment of the Liliendaal area. The scaling up is in alignment with the 6 Resettlement Policy Framework overall project purpose and scope. Remaining funds will be used to update the Emergency Preparedness Plan (US$0.1 million) (Component 2) and contribute towards project management and implementation support (US$0.6 million) (Component 3). Resettlement Policy Framework Objectives The purpose of this Resettlement Policy Framework (RPF) is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to sub-projects to be prepared during project implementation (see OP 4.12, paras. 26-28). Sub-project resettlement plans consistent with the policy framework subsequently are submitted to the Bank for approval after specific planning information becomes available (see OP4.12,para.29). The RPF will assist the Ministry of Agriculture in i) screening all subprojects for land acquisition and physical and/or livelihood displacement resulting from such land acquisition; ii) identifying documentation and preparation requirements for compliance with World Bank Safeguards Policy. In the event that a sub-project leads to land acquisition and/or resettlement, Abbreviated Resettlement Plans (ARPs) and/or Resettlement Action Plans(RAPs), as may be applicable, will be prepared for specific sub-projects in accordance with the project’s RPF. The RPF will form part of the project's Operations Manual and be referenced in the project's Legal Agreement Project Institutional Framework The Ministry of Agriculture (MoA) through the executing agency (the Agriculture Sector Development Unit (ASDU)) and the National Drainage and Irrigation Authority (NDIA) would be the lead technical entities for the project. Fiduciary and project management support (procurement, financial management and disbursement, and monitoring and supervision) would be provided by the ASDU. Additionally, the ASDU will lead project implementation, including the preparation and review of technical terms of reference, provision of technical specifications for consultancies and goods to be purchased, and other required inputs. 7 Resettlement Policy Framework Estimated Population For activities under Component 1, all lands within the EDWC and downstream of the EDWC dam as far as the Crown dam belong to the GoG. These lands are unused and available for use in the construction of a new dam. The pump stations described under Component 2 are also GoG property. Additional Financing will concentrate on works to rehabilitate existing structures rather than building new ones in new sites. Social impacts of the project will be mostly positive including improved quality of life as a result of less flooding of property (less vector borne and water-related diseases), reduction in economic losses due to flooding (the project impact area with additional financing will include larges sections of urban populations in Georgetown including high income residential suburbs and informal settlements), enjoyment of physical properties and the possibility of entrepreneurial activities from private properties. Negative social impacts are not envisioned. In the event of unintended and unforeseen negative impacts including resettlement a resettlement plan will be developed accordingly. Table 1: Anticipated Costs per Component Component Parent Project Additional Total (Parent + AF) Amount1 Financing Amount Amount (US$, (US$, million) (US$, million) million) Component 1: Priority Works for Flood Risk 9.1 3.8 12.9 Reduction Component 2: Institutional Strengthening for 0.4 0.1 0.5 Flood Risk Reduction Component 3: Project Management and 1.2 0.6 1.8 Implementation Support Total 10.7 4.5 15.2 Eligibility Criteria for Defining Displaced Persons Government of Guyana: Upon identification of the need for involuntary resettlement, displacement, loss of property or livelihood in an activity of the project, the GoG carries out a census to identify the persons affected by the project activity. The GoG also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons 1 Amount available in U.S. dollars with current exchange rate (SDR/US$) as of May 15, 2019. 8 Resettlement Policy Framework will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and specifies grievance mechanisms. World Bank: World Bank policy states that displaced persons may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (c) those who have no recognizable legal right or claim to the land they are occupying. Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under (c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut- off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (a), (b), or (c) are provided compensation for loss of assets other than land (see OP 4.12 paras. 14 -16). Legislative Framework World Bank Land/Asset Acquisition Policy (OP 4.12) The World Bank’s Policy, 4.12 Involuntary Resettlement, will guide the social safeguards (land acquisition and involuntary resettlement) planning and compliance during implementation of the project. Prior to and during the project implementation period, 9 Resettlement Policy Framework screening for potential land acquisition/resettlement will be conducted and the necessary mitigation and management measures in keeping with the agreed RFP will be developed. In the event that the project entails land acquisition, and causes the involuntary taking of land resulting in the loss of assets, the GoG must implement measures to ensure that the affected persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; (iii) Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. “Full replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structure and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers and supplies; or to fishing grazing or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Should the laws of Guyana not be in keeping with the World Bank’s standards of compensation for full replacement cost, then compensation under domestic law would be supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided. Guyana’s Legal Framework The laws regulating this matter are the Laws of Guyana, Chapter 64:03 Drainage and Irrigation. The Drainage and Irrigation Act of 2004 provides for the establishment of the NDIA whose function is to ensure that water resources are located, evaluated, conserved and utilized for the greatest national advantage through appropriate water management strategies and water use planning. The Act provides mechanisms for ensuring that existing drainage and irrigation system and flood control and any new expansion that are done, are 10 Resettlement Policy Framework operated and maintained in a sustainable manner. The Act also allows for public participation in the planning, management and operation of drainage and irrigation facilities. Importantly, it should be noted that the Act provides for the acquisition of properties including land for the purpose of constructing drainage and irrigation infrastructures. Mechanisms are also outlined in the Act to compensate the affected party. Attached are the corresponding sections of the Drainage and Irrigation Act of 2004. The procedure to be followed for the acquisition of land for construction (Annex 2: PART VI CONSTRUCTION, ACQUISITION AND MAINTENANCE OF WORKS) The provisions for compensation and legal resources to the affected persons (Annex 3: PART VII COMPENSATION). The Acquisition of Land for Public Purposes Act 2001 (Chapter 62:05). This Act empowers the Government of Guyana through the Minister of public Works to acquire any area for the proposed construction of a public work whether or not there is any building or erection on said land. The Act also provides mechanisms for the compensation to owners for the acquisition and damage done to such lands during public works and allows them if dissatisfied with the compensatory measures to use arbitrators to settle grievances. Assessment of compensation is done by the courts and the assessment may include disturbance to lessees of the land. The Town and Country Act Planning Act ( Chapter 20:01).This Act empowers the Minister of Local Government to access and acquire lands for public use including roads, passageways and other uses. It provides for the compensation of injured parties in an entire section Part 1V which outlines the mechanisms for compensation and betterment including the terms of assessment of damages and injuries. The area of the Lillendaal pump falls under the jurisdiction of the City of Georgetown and this Act will also be applicable. 11 Resettlement Policy Framework Fit Between World Bank Policy and Government of Guyana Legislation The legislation allows for prescription of privately-owned land whereby a person occupying land without permission and without using force or stealth for a period of more than 12 years may apply for the title to the land. He must demonstrate that he had possession of the land applied for and exercised control for a continuous period of over 12 years. Legislation does not allow for prescription in the case of state or government lands. Guyana’s land laws are based on the Roman-Dutch law which does not recognize the principle of “ inte in land”. However, some matters have been determined by applying the principles of equity. For example, if a person develops and improves a piece of land belonging to another(including the government) and the owner having been made aware of the developments does nothing to stop the developer the principle of “estoppels” will apply and the developer will benefit from certain rights for which he can be compensated. The rules of natural Justice will provide the developer with a Legitimate Expectation for compensation. Process for Preparing, Approving and Implementing Resettlement Plans Should a sub-project require land acquisition, staff of the ASDU will prepare progress reports on all aspects of land acquisition, compensation and resettlement activities and operations. Resettlement plans will be submitted to the Minister of Agriculture for review and approval. Civil works will begin only once affected parties are fully compensated. Land Acquisition Screening Procedures Screening for land acquisition will be done in the following steps: 1. The Ministry of Agriculture (MOA) and the relevant Regional and Neighborhood Development Councils and City Council will lead the process to screen the preliminary selected sub-projects for potential social safeguard impacts (land acquisition) and determination of safeguards documents required according to Guyana legislation and the World Bank policies. 2. If land acquisition is required then sub-project resettlement plans consistent with the policy framework are developed and submitted to the Bank for approval after specific 12 Resettlement Policy Framework planning information becomes available (see OP 4.12, para.29). 3. Review of safeguards screening by World Bank 4. Preparation of safeguard documents (resettlement plan), consultation and disclosure. 5. Review and clearance of the safeguard documents within the Government and the Bank 6. Implementation of agreed actions; and supervision, monitoring and evaluation Method for Valuing Affected Valuations of the assets to be displaced will be done by the Valuation Office, Ministry of Finance. Part III of 28:04 VALUATION FOR RATING PURPOSES ACT (ANNEX)outlines the process for valuation: Valuation of land will be carried out by the Guyana Lands and Surveys Commission (GLSC) and through the following method: Sources of Funding and Estimated The cost of land acquisition and associated administrative and logistical costs will be provided through the budget of the NDIA. Payments will be made before works begin. Consultations The Ministry of Agriculture (MOA) will lead consultations on the project and interface with the general public as well as displaced communities that are identified. Public Disclosure and Consultations This RPF will be disclosed in-country through the Ministry of Agriculture website and will also be made available at the World Bank’s website. Relevant subproject- specific safeguard documents/mitigation plans prepared subsequently will also be disclosed. Stakeholders will be periodically consulted and kept informed about any land acquisition-related information during design and implementation stages. As a matter of strategy, public consultation shall be an on- going activity. Public consultation and participation shall take place through local community meetings and public explanations of the project ideas and requirements. 13 Resettlement Policy Framework Consultation with Displaced Persons Particular attention shall be paid to public consultation with project-affected persons, households and homesteads (including host communities) when resettlement and compensation concerns are involved. Consultations will also be held with government bodies, such as the City Council, Neighborhood Democratic Councils (NDCs) and Regional Democratic Council (RDC), responsible for said areas in which the proposed works will be undertaken. An initial meeting with RDC chair of Region 4 indicates support of the proposed works and underscored the importance of the project and its speedy implementation. Meetings have also been held with the Mayor and City Council of Georgetown and they are also supportive of the additional works at Lillendaal. Grievance Redress Mechanism A grievance redress mechanism for the project is necessary for addressing legitimate concerns of affected individuals and groups who may consider themselves deprived of appropriate treatment under the project. The the ASDU has developed a mechanism which includes: (i) According and reporting system with multiple access points, including grievances filed both verbally and in writing, (ii) Designated staff with responsibility at various levels of governments including a social specialist assigned to the project, and; (iii) A timeframe to address the filed grievances. The functioning of the grievance redress mechanism is regularly monitored and evaluated by the ASDU and a grievance log is in existence. Internal and Independent Monitoring Internal monitoring will be conducted by the Programme Monitoring Committee (PMC) on a quarterly basis. During project implementation, staff of the ASDU will prepare progress reports on all aspects of land acquisition, compensation and resettlement activities and operations. Technical staff from the ASDU and NDIA will be assigned to the project to 14 Resettlement Policy Framework oversee the implementation of the resettlement plan and to supervise activities carried out during preparation and implementation of civil works. Short monitoring reports will be prepared in conjunction with each World Bank supervision mission and will document activities such as site visits, consultations with communities and any land acquisition processes in progress. Affected communities are expected to conduct their own monitoring based on their involvement in the process and their expectations and agreements. External monitoring is expected to be conducted by the World Bank through its supervision missions. As part of the capacity-building for implementation of the proposed project, relevant staff of the ASDU and NDIA will also receive training in the RPF’s application from a World Bank Safeguards Specialist during project preparation and implementation. During supervision of this project the World Bank will assess the implementation of the RPF and recommend additional strengthening if required. 15 Resettlement Policy Framework Annex 1: Laws of Guyana, Chapter 64:03 Drainage and Irrigation, PART VI CONSTRUCTION, ACQUISITION AND MAINTENANCE OF WORKS 16 Resettlement Policy Framework 17 Resettlement Policy Framework 18 Resettlement Policy Framework 19 Resettlement Policy Framework Annex 3: Laws of Guyana, Chapter 64:03 Drainage and Irrigation, PART VII COMPENSATION 20 Resettlement Policy Framework Annex 4: Grievance Redress Process Grievance Address Procedures Access Point • The Minister of Agriculture holds weekly meetings with farmers each Wednesday, called Open Day. These meetings can also be opened to include the public at large but specifically communities living around the project area or affected by the project. • The Project Coordinator in the ASDU will also be accessible via telephone, email, and verbal communication and will be responsible for intake of any grievances. • This access point will be advertised through the Ministry’s website. Additionally, a sign board with all the relevant contact details will be posted on each project site. • The Permanent Secretary of the MoA shall be responsible for leading responses to grievances related to this project. Grievance Log1 • Grievances can be made verbally to the Minister and/or the designated representative of the Minister. In this case, the grievance shall be accurately documented and verified as a true account by a third party. • Grievances can be made in writing addressed to the Project Coordinator in the ASDU and copied to the NDIA, defined as a relevant authority in the Drainage and Irrigation Act, 2004. • All grievances must be signed and dated by the aggrieved person. • All grievance records shall be copied to the relevant authority as defined in the Drainage and Irrigation Act, 2004. 21 Resettlement Policy Framework Assessment and • The ASDU should acknowledge within 5 working days, Timeframe receipt of the complaint and should include notification of the period necessary to address the grievance to the aggrieved person. • If the aggrieved person does not receive a response within the agreed time or is not satisfied with the outcome, he/she can refer the matter to the Programme Monitoring Committee (PMC) for redress. • The PMC should acknowledge within 10 working days, receipt of the letter of appeal and should include notification of the period necessary to address the appeal. • If the aggrieved person does not receive a response within the agreed time or is not satisfied with the outcome he/she can refer the matter to the responsible Minister for redress. • If the aggrieved person is not satisfied with the outcome he/she can refer the matter to the Court of Law for redress. • The grievances should be categorized by type (compensation, resettlement etc.). The first assessment of the grievance should be conducted by a Grievance Committee comprising of the Permanent Secretary, the ASDU Project Coordinator, technocrats from the NDIA and the lawyer based in the Ministry of Agriculture. • Where agreement is not reached at the level of the Grievance Committee, the steps outline above should be followed. Resolution and • An Implementation Plan should be developed for Follow-up resolution of grievances. 22 Resettlement Policy Framework Data should be shared with the World Bank (raw grievance and/or monthly reports). On the spot resolution should be encouraged. However, the process and results should be documented. 1 This log should constitute a data base containing the origin of the grievances and associated issues, number of complaints received, resolved, and gone to mediation. This document should be publicly accessible via the MoA website. 23 Resettlement Policy Framework Resettlement Policy Framework Annex 5: Minister’s Open Day Intake Form 24 Resettlement Policy Framework