Abbreviated Resettlement Action Plan

Abbreviated Resettlement Action Plan

For

CONTRSUTCTION OF THE NEW CALDWELL BRIDGE ACROSS STOCKTON CREEK

URBAN AND RURAL INFRASTRUCTURE REHAHILITATION PROJECT (URIRP)

GRANT NO. : IDAH6040

CONTRACT NO. : IIU-MMPW/CB/URIRPU/001/’13

August 3, 2013

Table of Content

List of Abbreviations 4

Executive Summary5

1.0 Introduction 6

1.1 Background 6

1.2 Project Description 6

1.3 Objective of the ARAP 7

1.4 Applicability of ARAP: Involuntary Resettlement 7

1.5 Approach and Methodology of social Assessment 7

1.6 Report Structure 8

2.0 Policy, Regulatory and Institution Framework 9

2.1 Policy Framework 9

2.2 Regulatory Framework 10

2.3 Institutional Framework 11

2.4 Land Tenure System 12

2.5 Land Valuation System 13

2.6 Compensation 13

2.7 Grievance Remedial13

3.0 Existing Social Economic Conditions of Project affected community 15

3.1 Survey Methodology and Approach15

3.2 Overview of the Project Area 15

3.3 Population and Demographics 16

3.4 Economic and Livelihood Structure 16

3.5 Economic and Livelihood Structure 16

3.6 Income Level 17

3.7 Housing 17

3.8 Vulnerable Group17

3.9 Land Tenure17

3.10 Pattern of Social Interaction and Community Organization 17

3.11 Social Network and Support System 17

3.12 Cut-off-Date of Socio-economic survey18

4.0 Project Impact 18

4.1 Positive Impact 18

4.2.1 Negative Impacts18

4.2.1 Loss of Residential Houses in other Domestic Structures18

4.2.2 Loss of shops and business places 18

4.2.3 Project Affected Persons (PAPs)19

4.2.4 Temporary Loss of Job 19

4.3. Mitigation19

4.3.1 Cash Compensation 19

5.0 Public Participation 19

5.1 Consultations with PAPs19

5.2 Future Consultations Plan20

5.3 Resettlement Consultation 21

5.4 Disclosure of the ARAP Document 21

6.0 Compensation Framework 21

6.1 Resettlement Objective 21

6.2 Definition of Project Affected Persons22

6.3 Eligibility for Compensation 22

6.4 Valuation and Compensation Procedure 23

6.5 Verification of Affected Lands 23

6.6 Compensation 23

6.7 Compensation and other Assistance 24

6.8 People owning structure but not land24

6.9 Vulnerable Group24

6.10 Members of Grievance Redress Committee24

7.0 Grievance Redress Mechanism 29

7.1 Objectives of the Grievances Procedures 29

7.2 Grievances Mechanism 29

8.0 Organization Plan for ARAP Implementation Budget, and Schedule30

8.1 ARAP Implementation 30

8.2 Budget for Implementation of ARAP 31

8.3 Implementation Schedule for Compensation32

8.4 Public consultation and Disclosure 33

8.5 Schedule for ARAP Implementation 33

9.0 Monitoring and Evaluation Framework 34

9.1 Objectives 34

9.2 Monitoring Framework 34

9.3 External Independent Monitoring and Evaluation 34

9.4 Performance Monitoring Indicators 35

9.5 Reporting 34

Reference 36

List of Tables35 Table 1: Comparison between Liberian Regulations and World Bank Policies 14 Table 2: Entitlement and Compensation Matrix 25

Table 3: Cash Compensation for Affected Structures and Land 25

Table 4: Removal Allowance for Project Affected Persons (PAPs) 26

Table 5: Resettlement cash compensation of one year for loss of incomes to PAPs 27

Table 6: List of Grievance Redress Committee members 28

Table 7: Key Implementing Agencies and their function(s) 28

Table 8: ARAP Implementation Budget30

Table 9: Resettlement Schedule32

Table 10 Summary of ARAP Budget 32

Table 11: ARAP Implementation Schedule 33

List of Figures

Figure 1: Map showing location of the Caldwell Bridge (project site)6

Appendices

Appendix 1: Minutes of consultative meetings 37

Appendix 2: List of participants at the consultative meetings3 8

Appendix 3: Compensation validation form44

Appendix 4: Survey forms of PAPs46

LIST OF ABBREVIATIONS

CHICO - China Henan International Company

DMS - Detailed Measurement Survey

DPs - Displaced Persons

EA - Environmental Assessment

EPA - Environmental Protection Agency

IIU - Infrastructure Implementation Unit

IOL - Inventory of Loss

LRRRC - Liberia Refugee Resettlement & Reintegration Commission

M & E - Monitoring and Evaluation

MPW - Ministry of Public Works

MHSW - Ministry of Health & Social Welfare

NGOs - Non-Governmental Organizations

PAP - Project Affected Person

ARAP - Abbreviated Resettlement Action Plan

RAs - Research Assistants

EXECUTIVE SUMMARY

The Government of Liberia with the assistance of the World Bank has undertaken to construct the New Caldwell Bridge parallel to the current bridge downstream, in an effort to facilitate traffic between the Township of Caldwell and the Business District of Monrovia. Owing to increase in traffic as well as burgeoning population growth, the old bridge can no longer adequately serve the transportation needs of the community. There is constant traffic congestion on both ends of the bridge – and even on the bridge which has resulted in fatal accidents.

Although the alternative (to construct the new downstream parallel to the old bridge) for construction of the new bridge was meant to reduce major socio-impacts, a few structures in the Right of Way (ROW) will need to be demolished to facilitate construction works. Owners of these properties as well as those trading in the areas will need to be resettled.

A total of 16 persons engaged in various kinds of trades in the Right of Way (ROW) are to be involuntarily resettled. Additionally a total of 7 structures, including a church, a building with three shops and five makeshift structures will also be demolished. Consequently, in accordance with World Bank Policy, a socio-economic survey, in preparation for an Abbreviated Resettlement Action Plan (ARAP) was carried out to determine the associated socio-economic impacts on the project affected people. The cut-off-date of the Socio-economic Survey was put at 27 June 2013 to allow any PAPs that were absent to be identified and included in the assessment.

The ARAP report shows that the PAPs are willing to accept financial compensation for loss of income and assets. The total amount to pay as financial compensation to the PAPs is USD 101,821.06 detailed as follows:

Compensation for loss of structures : USD 71,855.00
Resettlement Allowances: USD 2,000.00
Compensation for Affected Land USD 4,000.00
Compensation for loss of income: USD 11,504.00
Vulnerable groups relocation assistance USD 375.00
ARAP Implementation USD 1,000.00
Sub- Total USD 90,734.00
Contingency (1.5%) USD 1,361.00
Grand Total USD 92,095.00

Three consultative meetings held with the PAPs showed consistently that the PAPs are willing to relocate to enable timely commencement of construction work, upon receipt of financial compensations from the Government.

1.0INTRODUCTION

1.1 Background

The Caldwell Bridge is a one-lane bridge that links the Township of Caldwell, with an estimated population of 40,000, to Bushrod Island and the Commercial District of Monrovia. Owing to increase in traffic as well as burgeoning population growth, the old bridge can no longer adequately serve the transportation needs of the community. There is constant traffic congestion on both ends of the bridge – and even on the bridge which has resulted to fatal accidents. To ease these problems, the Government of Liberia has embarked on the project “Construction of the New Caldwell Bridge Across the Stockton Creek”. The new bridge will be built alongside the existing old bridge. Funds for construction of the new bridge are being provided by the Government of Liberia and the World Bank.

1.2 Project Description

The New Caldwell Bridge will be a 120m cast-in-place balanced cantilever bridge across the Stockton Creek including 250m of approach road. It will be built about two 2 meters away from the old bridge downstream. Even though construction of the new bridge will have lesser negative socio-economic impact, it will nonetheless affect some structures along the right of way as well as few traders.

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Figure 1: Location of the New Caldwell Bridge

1.3 Objective of the A- Resettlement Action Plan (RAP)

The A-RAP is aimed at collecting detailed information on persons who will be directly affected by project activities, identify types and magnitude of impacts, as well as options and strategies for compensating such affected persons.

1.4 Applicability of ARAP: Involuntary Resettlement

Under the World Bank Safeguard Policy on Involuntary Resettlement (OP 4.12), a project is classified as full Resettlement Action Plan (RAP) when the number of people to be displaced involuntarily is from 200 and above and/or when the land take involves 10 percent of the total holding. On the contrary, if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for Abbreviated Resettlement Action Plan (ARAP).

This policy covers direct economic and social impacts that may result from the World Bank-assisted investment projects, and are caused by:

The involuntary taking of land resulting in:

(i) Relocation or loss of shelter;

(ii) Loss of assets or access to assets, or

(iii) Loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or not.

The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

The core requirements of OP 4.12 are as follows:

Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.

Assist project affected persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status

Encourage community participation in planning and implementing resettlement.
Provide assistance to affected people regardless of the legality of land tenure.

1.5 Approach and Methodology of Social Assessment

In order to determine potential impacts associated with the project and put in place effective mitigation measures to address such impacts, relevant baseline information was collected. This included a review of pertinent literature on resettlement, the conduct of socio-economic and demographic surveys, and public consultations.

Field Surveys: In-depth field surveys were conducted to obtain information and data on socio-economic conditions, demography, infrastructure, and land use. The survey results formed the basis for resettlement measures proposed in this report.

Public Consultation: Comprehensive consultations were held with the affected community and individuals to collect information on livelihood sources, demography, and perceived impacts of the project, resettlement options, existing structures, and land tenure system.

1.6 Report Structure:

This report provides the A-RAP for the New Caldwell. The report has been prepared to cover the following:

Section One: Provides the project description, purpose and methodology.

Section Two: Presents and analyzes the existing policy, regulatory and institutional framework. The Section also presents an assessment of the legal framework and reviews provisions of municipal regulations and the World Bank’s policy requirements.

Section Three: Provides a brief description of the project and its components for which land acquisition and resettlement is required.

Section Four: This Section outlines impacts of the project on the community and affected individuals; it also provides measures to mitigate these impacts.

Section Five: Describes public consultations activities carried out with PAPs.

Section Six: Provides a framework for compensation for the PAPs.

Section Seven: Outlines redress mechanisms for aggrieved persons for peaceful resolutions of possible grievances in connection with compensation.

Section Eight: Provides Plans for implementation and the necessary budget to implement the A-RAP.

Section Nine: Presents the monitoring arrangement for the implementing agency.

2.0 POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORK

The A-RAP takes into account applicable existing institutional and regulatory frameworks within the context of Liberian Law. Preparation of this A- RAP also draws on the requirements of the World Bank Policy (OP 14.12) on Involuntary Resettlement and relevant social safeguard policies.

2.1Policy Framework

National Environmental Policy (2003)

This Policy aims at improving the physical environment, quality of life and coordination between economic development, growth, and sustainable management of natural resources. Key objectives of the policy include:

The systematic and logical framework with which to address environmental issues;
Benchmarks for addressing environmental problems in the medium- to long-term;
Context for financial/donor support to particular sectors and non-sector;
The means for generating information and awareness on environmental problems; and
To demonstrate Liberia’s commitment to sustainable management of the environment.

World Bank Policies

The World Bank’s social and environmental safeguard policies seek to prevent and mitigate potential adverse impacts associated with the Bank’s lending operations that may adversely affect people and their environment. The bridge construction project warrants the World Bank’s safeguard policies on Environmental Assessment OP/BP 4.01 and Involuntary Resettlement OP 4.12.

OP/BP 4.01-Enviornmental Assessment

The World Bank requires environmental screening of each proposed project to determine the appropriate extent and type of EA process. OP/BP 4.01-Enviornmental Assessment outlines the policy and procedure for environmental assessment of the Bank’s lending operations. The bridge construction project is classified as Category B, which could have potential adverse environmental impacts on human population as well as the environment. These impacts are however minimal. The Health, Safety and Environmental Management Plan (HSEMP) has been prepared for the project.

OP 4.12-Involuntary Resettlement

The policy deals with direct economic and social impacts that may result from Bank-assisted investment projects, and are caused by (1) the involuntary taking of land resulting in removal or loss of shelter; loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; and (2) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. This policy applies to the bridge construction works.

2.2 Regulatory Framework

The Liberian Constitution and other laws provide for resettlement and compensation. This section provides a detailed description of the legal framework for the implementation of involuntary resettlement projects in Liberia, taking into account the following applicable Liberian Laws.

Liberian Constitution 1986

Article 22 (a) and (b) of the Constitution gives right to all individuals to own property, either on individual basis or in conjunction with other individuals, as long as they are Liberian citizens. The right to ownership of property however does not extend to mineral resources on, or beneath the land.

Land Act 1856

Before independence, land acquisition and distribution in Liberia was done on the basis of relationship and class system. This system of land tenure was seriously opposed and it led to the establishment of a set of rules known as the ‘Digest of Law to govern the affairs of the settlers in terms of land distribution’. This subsequently culminated into the Land Distribution Act of 1856, which removed the restriction to land distribution on the basis of citizenship. Later, this Act was repealed by the 1950 Land Act which restricted land ownership to citizens and naturalized citizens, especially those of Negro descent.

County Act 1969

The Act first instituted official distribution and demarcation of land boundaries in Liberia. Heretofore, counties were created through political means. For example, the three oldest counties in Liberia-Montserrado, Sinoe, and Maryland were all products of political consideration.

Land Acquisition Act 1929

The Act outlines procedure for obtaining rights to any piece of land in Liberia through purchase. It distinguishes land in Liberia into two categories: the hinterland and the county area.

The procedure for obtaining land located in the hinterlands is as follows:-

Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government,
Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen;
Paramount or clan chief signs a certificate which purchaser forwards to the office of the District Commissioner (who also acts as the Land Commissioner for the area),
The District Commissioner, after ascertaining that the land is not encumbered in anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant.

The procedure for obtaining land located in the county is as follows:

Application to the Land Commissioner in the county in which the land is located,
The applicant obtains a certificate from the Land Commissioner, if he is satisfied that the land is unencumbered.

After the purchaser completes the above steps, he pays to the Bureau of Revenues the official value of land which is not less than fifty cents per acre. Thereafter, the purchaser shall obtain and submit a receipt to the President for an order to have the land surveyed. A deed will then be prepared by the Land Commissioner, authenticated, and given to the purchaser.

2.3 Institutional Framework

The institutions that have the statutory roles in implementation of this ARAP are as follows:

Liberia Water and Sewerage Corporation

In line with the National Legislature Act of Liberia 1973 that established the LWSC, this institution is mandated to:

Manage, operate and implement water and sewerage services;
Establish and maintain facilities throughout Liberia;
Apply the principle of fair and reasonable charges;
Trade and manufacture materials; and
Obtain rights and legal titles.

However, in other areas such as the planning, development, operation and maintenance of non-sewerage domestic and public sanitation facilities, LWSC shares responsibilities with municipality authorities and the Ministry of Health and Social Welfare.

Ministry of Public Works

This ministry has the statutory responsibility to design, construct and maintain roads, highways, bridges, storm sewers, public buildings and other civil works. Additionally, it is also responsible to carry out urban and town planning, as well as provide architectural and engineering supervision of infrastructure required for waste management. The Ministry has an Infrastructure Implementation Unit (IIU), charged with the implementation of Urban Works Project on behalf of the Ministry

Ministry of Planning and Economic Affairs

This Ministry has the statutory mandate to coordinate national and regional developmental planning and monitor their implementations.

Ministry of Health and Social Welfare

The Ministry has a Department of Environmental and Occupational Health that handles matters relating to water and sanitation and general environmental issues. It carries out sanitary inspections in public places, including drinking water surveillance; construction and/or supervision of water wells and pit latrines and the promotion of community health education. The Ministry also provides capacity building and training of environmental health technicians.