Final
YEMEN
FLOOD PROTECTION AND EMERGENCY RECONSTRUCTION
ADDITIONAL FINANCING II
Resettlement Policy Framework
January 2009
Table of Contents
1. INTRODUCTION AND BACKGROUND
Background to the storm and flood disaster in Hadramout and Al-Mahara
Description of the Flood Protection and Emergency Reconstruction Project
Estimated Project Impact on Resettlement
2. WORLD BANK POLICY AND PROCEDURES (OP 4.12)
Policy objectives and principles
Scope and coverage of RPF
Process for RAP preparation and approval
Categories of Project Affected Persons
Vulnerable groups
Eligibility procedures and criteria
Valuation of assets
Implementation procedures
Grievance redress mechanisms
Budget and funding
Disclosure requirements for Bank resettlement documents
Monitoring and Evaluation
3. YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK
Institutional arrangements
Categories of Land Tenure and Ownership
Laws and Regulations
Situation of Legal Expropriation
Types of Expropriations and Procedures
Estimation Committee and Valuation
Fair Compensation
The Right of Squatters
The Right of Most Disadvantaged Groups
Monitoring and Evaluation
Financial Cost
Grievance and Redress Mechanisms
Administrative Mechanisms and Appeal Court
Disclosure
4. GAPS BETWEEN WORLD BANK POLICY AND YEMENI LEGISLATION
Overview
Comparing Yemeni Laws and Bank’s OP4.12: Gaps and measures to be considered
Key Recommendations
Annexes
Annex 1 Comparison between World Bank Policy and Yemeni Legislation
Annex 2. Framework for the census of affected assets and affected people
Annex 3. Outline of a Resettlement Action Plan
Annex 4 Outline of an Abbreviated Resettlement Plan
Annex 5 Template of a claim registration and follow-up form
Annex 6 Template of a consultation meeting minute form
Annex 7 Template itemization of RAP/ARP budget
Annex 8 Assumptions used for the budget estimate
I. Introduction and Project Description
Background to the storm and flood disaster in Hadramout and Al-Mahara
The October 2008 storm and floods that hit Hadramout and Al-Mahara Governorates had a devastating impact. Between October 23-25, 2008, a level-three tropical storm caused heavy rain for over 30 hours and widespread flooding in several locations in Hadramout and Al-Mahara Governorates in Yemen. The disaster caused the death of 73 persons, scores of injured, destruction of 2,826 houses and huts and partial damage to another 3,679 houses, and the displacement of about 25,000 people who sought temporary shelter in public buildings or with host families. In response, the two Governorates were declared by the Government as disaster areas.
The overall damages and losses from the flood disaster are estimated to amount to 6% of Yemen’s GDP in 2007. The total effects of this disaster (both the damages to infrastructure and physical assets and the ensuing economic losses) were estimated at YR 327,551 million (US$1,638 million). Hadramout Governorate was significantly more affected (96.1% of the total disaster effects, including 94.1% of total damages and 98.4% of total losses) relative to Al-Mahara Governorate (with 3.9% of the total disaster effects, including 5.9% of total damages and 1.6% of total losses). Wadi Hadramout was the worst hit region (67.5% of the total disaster effects, comprised of 63.3% of total damages and 72.2% of total losses), followed by the coastal areas, known as Sahel Hadramout (with 28.6% of the total disaster effects, comprised of 30.8% of total damages and 26% of total losses).
The disaster caused extensive damage to infrastructure, especially roads, power, water and wastewater, and irrigation and flood protection systems. The regional road network in Hadramout and Al-Mahara was badly affected with 59 km destroyed or sustaining heavy damage. This led to the interruption of traffic for over two weeks until the Ministry of Public Works and Highways (MOPWH)’s General Corporation for Roads and Bridges (GCRB) opened temporary bypasses. The interruption of traffic was particularly detrimental in delaying access of emergency relief efforts to many affected areas, especially in Wadi Hadramout.
The impact on agricultural land and people’s livelihoods has been devastating. A total of 22,902 Feddans (acres) of cultivated agricultural land and 51,455 Feddans of uncultivated land were damaged in both Governorates due to soil erosion. Public and private flood protection and irrigation infrastructure also sustained significant damage. In addition, about 550,000 palm trees and 160,000 fruit trees were uprooted. Some 58,500 livestock heads (sheep, goats, camels and cattle) died due to the water surge, and as much as 309,103 honey beehive cells were washed away. Overall, about 700,000 persons—over 50% of the total population in the affected areas—have had their livelihoods destroyed or significantly affected, of which two-thirds live in Wadi Hadramout.
The Government of Yemen requested emergency World Bank support to address the effects of this disaster. The GOY, represented by the Ministry of Planning and International Cooperation (MOPIC), has formally requested the World Bank’s support to prepare an emergency operation to reconstruct/rehabilitate selected priority infrastructure damaged by the storm and floods in Hadramout and Al-Mahara Governorates.
Description of the Flood Protection and Emergency Reconstruction Project
Project development objectives
The project’s development objectives are to: (i) protect residents, economic activities and infrastructure from the destructive effects of seasonal flooding in Taiz, Hadramout and Al-Mahara; (ii) restore access to critical road infrastructure damaged by the floods and; (iii) strengthen the capacity of local governments and support decentralization.
Project implementation and cost
This Project is designed as an emergency additional financing (with restructuring) to the Taiz Municipal Development and Flood Protection Project (TMDFPP), under the supervision of the Ministry of Public Works and Highways (MOPWH). The overall cost of this emergency project is $41 million, of which the Government of Yemen contributes $6 million and IDA contributes a $35 million grant. The Project Management Unit (PMU) of the TMDFPP will be reconfigured according to the Government’s policy objectives into a National Flood Protection and Emergency Reconstruction Project. The existing Project Director and procurement, financial management and Monitoring and Evaluation (M&E) staff will be based in the Project Coordination Unit (PCU) in Sana’a and will be responsible for project management, overall implementation, and fiduciary and M&E responsibilities. Two Project Implementation Units (PIU) in Taiz—comprised of the other existing staff of TMDFPP—and in Seiyun (to be established) will be responsible for day-to-day project implementation, construction supervision, close interface with local councils and stakeholders and monitoring compliance with social and environmental safeguards.
Project components
Component 1—Flood protection and infrastructure rehabilitation (US$38.5 million).
This component would rebuild selected critically damaged infrastructure in the affected areas to adequate standards that could withstand future flooding events. It would comprise of two sub-components focusing on the rehabilitation and reconstruction of priority damaged segments of the regional road network and the flood protection system, as follows:
Regional road rehabilitation sub-component (US$24.3 million).
Interventions under this sub-component include rehabilitating and reconstructing selected priority regional roads where critical segments have been destroyed by the flooding, and retrofitting with adequate storm water drainage systems. Specifically, tis sub-component would finance repairs of damages over the entire regional road network in the Wadi Hadramout area (the worst affected by the disaster) as well as the Riyan-Ben Aifan regional road in Sahel Hadramout (one of two road connections between Wadi Hadramout and the rest of Yemen, the other being Ben Aifan-Al-Abr). The flood-related damages to be tackled under the project include: (i) washout/erosion of one or both sides of the road caused by inadequate slope protection structures including some instances where the whole road has been damaged and traffic rerouted; (ii) damages to and blockages of single or multi-cell box culverts and pipe culverts causing consequential local damages to the road; (iii) partly or fully damaged Irish crossings (cement concrete drifts across river beds); (iv) damages to bridges and bridge abutments; (v) minor damages to road pavement and shoulders due to soaking of the pavement and subsequent loss of load bearing capacity requiring asphalt patching and shoulder rehabilitation; and (vi) damages and blockages of roads due to rock fall and slides caused by extensive rain and which led to subsequent damages to road pavements and side drains.
In total, 12 regional roads would be covered under this sub-component, totaling 40km in damage length (See Table). The preparation of designs and tender documents is currently underway including the feasibility studies for two specific segments. The cost of repairs, at US$24.3 million, would allow building back the damaged sections along the same footprint and alignment, but with adequate flood-proof standards. Of these, some US$2.4 million are estimated to be needed for urgent repairs of segments that cause serious risks to motorists, which from a safety point of view is not advisable to wait for competitive contracting. These are the 7-meter wide highways, where one lane collapsed and the other is threatening collapse due to erosion, but where the road remains in use (see picture annex). For this purpose, the project will rely on MOPWH General Corporation for Roads and Bridges (GCRB) while ensuring adequate quality control.
Table Investments in regional road rehabilitation/reconstruction
Regional roads / Total length (km) / Damage length (m) / Damage restoration cost(million YR) / (,000 US$)
Rayan-Ben Aifan / 231 / 9,205 / 2,194.8 / 10,974.0
Almashad-Dawan / 60 / 2,050 / 244.3 / 1,221.5
Alhawra-Azzaher / 37 / 4,410 / 782.8 / 3,914.1
Ben Aifan-Alabr / 129 / 2,415 / 149.7 / 748.6
Seiyoun-Ben Aifan / 66 / 410 / 61.7 / 308.4
Alkhashaa-Rakhi / 65 / 6,350 / 336.7 / 1,683.5
Seiyoun-Tarim / 34 / 400 / 233.7 / 1,168.3
Tarim-Alsom / 54 / 8,760 / 299.2 / 1,496.1
Prophet Hood road / 45 / 250 / 52.7 / 263.4
Aladlos–Rasib / 64 / 540 / 73.0 / 364.8
Algharf-Sah / 53 / 4,800 / 388.9 / 1,944.3
Alaleeb-Rahaba / 23 / 400 / 40.7 / 203.7
Total / 861 / 39,990 / 4,858.2 / 24,290.8
Additional protection works and realignment of the roads’ right-of-way are needed for segments in two of the abovementioned regional roads, namely Riyan-Ben Aifan and Al-Gharf-Sah. These works could cost up to an additional US$13.8 million, subject to feasibility studies that are currently underway. The first segment is a 6 km long section of the Al-Riyan – Ben Aifan highway located in a wadi that was totally washed away by the floods (see picture annex). The possibility of relocating this segment of the road away from the wadi, partially or fully, is being investigated to determine technical and economic viability, and to minimize environmental impact (the impact on resettlement will also be examined, although the fact that the adjoining lands are uninhabited publicly-controlled desert land makes it unlikely). The second segment is a shorter section on the important 53 km long road link to Sah from Al Gharf located between Seiyun and Tarim. This road serves several large towns and on one location the old Irish crossing was washed away at a bend in the river posing a threat to the approach road. There is also a depression and small lake in the location of the old crossing, and it does not seem to be the ideal location for a new crossing, whether bridge or improved concrete drift (see picture annex). Relocating the crossing away from the current location is also being investigated to determine economic and technical viability and to minimize environmental impacts before reconstruction can start. There is also an urgent need to improve the detours now offered to trucks and light vehicles as only 4-wheel drive vehicles can use the short direct detour close to the old crossing. Finally, the decision of whether to include these two additional improvements would hinge on the outcomes of the feasibility study and the availability of funds, whether through cost savings and/or through additional funds being made available by the Government, the Reconstruction and Recovery Fund or other donors.
Flood protection system rehabilitation sub-component (US$14.2 million).
Interventions under this sub-component include rehabilitating and reconstructing selected priority components of the flood protection system in the affected areas, which were damaged or affected by the storm and floods, and which served to protect human settlements and agricultural lands. Flood protection works that are both effective and labor-intensive (such as the use of Gabion walls) will be relied upon where feasible to enable the creation of temporary job opportunities for the affected communities to partly support the households that lost their income and livelihoods in the disaster, for the duration of the reconstruction and recovery period.
Specifically, this sub-component will finance the following investments in Wadi Hadramout (US$6.71 million), Sahel Hadramout (US$ 2.56 million) and Al-Mahara (US$5.00 million):
In the Wadi Hadramout region, the works would be carried out in 11 Wadis: Daw’an, Al-Ein, Ammad and Qassam, Heynun, Hathyah, Ser, Bin Ali, the main Wadi running from Kaoda to the west to Haid Qassim bridge to the east, Addam, Massila running from Haid Qassim bridge to the east to Sena west of Al-Soum, and Thabi. The investments include stone works (US$1.24 million), flood protection works using gabions (US$0.97 million), dredging and filling works (respectively US$0.85 million and US$1.98 million), rehabilitation of Wadi beds (US$0.16 million), and removal of the Sayssaban trees that block the flow of flood and storm water in Wadi beds (US$1.51 million). The total estimated cost amounts to US$6.71 million, as detailed in the Table below.
Flood Protection Works in Wadi Hadramout (US$)
Name of Wadi / Stone Works(US$) / Gabion Works (US$) / Dredging (US$) / Filling (US$) / Wadi Bed Rehabilitation (US$) / Sayssaban Tree Removal (US$) / Total cost (US$)
Dawan / 22,500 / 0 / 5,000 / 42,000 / 0 / 0 / 69,500
Al Ein / 211,500 / 0 / 2,500 / 90,500 / 0 / 0 / 304,500
Ammad/Qassam / 123,500 / 94,000 / 0 / 212,500 / 90,500 / 0 / 520,500
Heynun / 8,500 / 0 / 0 / 36,500 / 0 / 0 / 45,000
Hathyah / 64,000 / 0 / 0 / 283,000 / 15,000 / 0 / 362,000
Ser / 6,000 / 177,500 / 0 / 180,500 / 44,500 / 37,500 / 446,000
Bin Ali / 0 / 0 / 0 / 0 / 0 / 262,500 / 262,500
Main Wadi / 37,000 / 623,000 / 500 / 1,119,000 / 6,000 / 1,071,500 / 2,857,000
Addam / 8,500 / 6,000 / 450,000 / 200 / 0 / 0 / 464,700
Massila / 762,500 / 71,500 / 330,500 / 14,000 / 0 / 142,500 / 1,321,000
Thabi / 0 / 0 / 60,000 / 0 / 0 / 0 / 60,000
Total (US$) / 1,244,000 / 972,000 / 848,500 / 1,978,000 / 156,000 / 1,514,000 / 6,712,700
In the Hadramout Sahel region, the works encompass a total of 30 discrete activities in eight different districts as follows: Daw’an, Ghail Binyamin, Rural Mukalla, Hajar, Al-Shihr, Raydah and Al-Qosseir, Yabooth, and Al-Diss Al-Sharkiya. The works include the rehabilitation and construction of new small flood protection structures to protect agricultural land and shelter and the rehabilitation of irrigation canals, ditches and diversion structures/dykes damaged by the floods. The total estimated cost amounts to US$2.56 million, as detailed in the Table below.