Resettlement Policy Framework (RPF) for the Sustainable Rural Water and Sanitation Project

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Resettlement Policy Framework (RPF) for the Sustainable Rural Water and Sanitation Project REVISED REPORT Limited, P O Box GP20200, Accra March 31, 2010

2 Table of contents Table of Contents i List of Tables.... ii Acronyms and Abbreviations.. iii Executive summary iv 1.0 INTRODUCTION BACKGROUND PURPOSE OF THE RPF REPORT OUTLINE BRIEF DESCRIPTION OF THE PROPOSED PROJECT PROPOSED PROJECT DEVELOPMENT OBJECTIVES PROJECT COMPONENTS Rural and Small Town Water Supply Community Integrated Sanitation & Hygiene Promotion and Construction Support Institutional Strengthening and Project Management RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORKS NATIONAL REGULATORY FRAMEWORK WORLD BANK SAFEGUARD POLICY ON INVOLUNTARY RESETTLEMENT GAPS BETWEEN GHANAIAN REGULATIONS AND WORLD BANK POLICIES PROJECT MEASURES TO ENSURE COMPLIANCE WITH WORLD BANK POLICY LAND TENURE PUBLIC INSTITUTIONS INVOLVED IN LAND ADMINISTRATION POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS OVERVIEW ASSESSMENT OF SOCIAL IMPACTS GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS PRINCIPLES AND OBJECTIVES Regulatory Framework Minimising land compensation payment Minimization of Displacement Fair and adequate compensation Compensation payment Community involvement and sensitisation VOLUNTARY LAND DONATIONS VALUATION, ELIGIBILITY AND ENTITLEMENTS RPF for the Sustainable Rural Water & Sanitation Project. Page i

3 6.1 VALUATION DESCRIPTION OF ELIGIBILITY CRITERIA ENTITLEMENT PROPOSED RESETTLEMENT MEASURES AND COST ESTIMATE RESETTLEMENT MEASURES BUDGET PROPOSED ADMINISTRATIVE AND INSTITUTIONAL FRAMEWORK FOR PREVENTION AND MITIGATION IMPLEMENTATION AND MONITORING PLANS INCLUDING DESCRIPTION OF INDICATORS SEQUENCE OF IMPLEMENTATION AND RESPONSIBILITIES PROCEDURES FOR DELIVERY OF ENTITLEMENTS MONITORING PLANS AND INDICATORS STAKEHOLDER CONSULTATIONS LIST OF INDIVIDUALS/ORGANIZATIONS CONTACTED FOR THE PREVIOUS RPF PREPARATION LIST OF INDIVIDUALS/ORGANIZATIONS CONTACTED FOR UPDATE OF RPF STAKEHOLDER DISCUSSIONS AND CONCERNS LESSONS LEARNT FROM PREVIOUS PROJECT AND RECOMMENDATIONS LESSONS LEARNT FROM CWSP II PHASE 2 PROJECT RECOMMENDATIONS REFERENCES ANNEX List of Tables TABLE 1 COMPARISON OF GHANAIAN REGULATIONS WITH WORLD BANK POLICIES... 9 TABLE 2 LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORKS TABLE 3 GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS TABLE 4 GENERAL GUIDELINES AND METHODS FOR COSTS PREPARATION TABLE 5 ELIGIBILITY CRITERIA TABLE 6 ENTITLEMENT MATRIX TABLE 7 ITEMISATION OF BUDGET TABLE 8 INSTITUTIONAL FRAMEWORK TABLE 9 SEQUENCE OF IMPLEMENTATION TASKS AND INSTITUTIONS TABLE 10 STAKEHOLDERS CONTACTED FOR UPDATE OF RPF RPF for the Sustainable Rural Water & Sanitation Project. Page ii

4 Acronyms and Abbreviations ARP CSIR DA DWST EPA ESMF- GoG GIPC GPRS GWCL IDA LI LVB NDPC NGO POM RAPs RCC RP RPF RWST SEA WATSAN WB WRC WRI WSDB Abbreviated Resettlement Plan Council for Scientific and Industrial Research Community Water and Sanitation Agency District Assembly District Water and Sanitation Team Environmental Protection Agency Environmental and Social Management Framework Government of Ghana Ghana Investment Promotion Centre Ghana Poverty Reduction Strategy Ghana Water Company Limited International Development Agency Legislative Instrument Land Valuation Board National Development Planning Commission Non- Governmental Organisation Project Operational Manual Resettlement Action Plans Regional Coordinating Council Resettlement Plan Resettlement Policy Framework Regional Water and Sanitation Team Strategic Environmental Assessment Water and Sanitation Committee World Bank Water Resources Commission Water Research Institute Water and Sanitation Development Board RPF for the Sustainable Rural Water & Sanitation Project. Page iii

5 Executive Summary Introduction The development of an RPF is a requirement for projects that may entail involuntary resettlement, acquisition of land, impact on livelihood, or restricted access to natural resources under the World Bank safeguard policy on involuntary resettlement (OP 4.12). Apart from meeting World Bank requirements, the RPF will provide project stakeholders on how to address compensation issues as related to affected properties/livelihoods including land and income generation activities during Project implementation. Brief Description of Project The Community Water and Sanitation Agency () is preparing a new IDA funded Project to provide water and sanitation facilities for over 600,000 beneficiaries in rural communities and small towns in six (6) regions. The Project will be implemented by the District Assemblies and will cover the Brong-Ahafo, Central, Northern, Western, Upper East and Upper West Regions. The objectives of the project are to: (i) expand access to water and sanitation in rural and small town communities; and (ii) strengthen local capacity to manage rural and small town water and sanitation facilities and to ensure their sustainability. The specific objectives include: Provide safe drinking water to about 600,000 people across seven target regions by constructing, boreholes and piped schemes. Create the enabling environment through the promotion of CLTS among the above water beneficiaries and financially and operationally assist with the development of their own improved toilet facilities so that people eschew open defecation. Effect behavioral change among the target population through sustained and effective campaigns on proper disposal of fecal waste, proper hand washing and other sound hygiene practices. Build capacity of national, regional, district and community level water and sanitation actors and practitioners for the implementation, supervision, monitoring and evaluation of sub projects. The proposed project components would include: (i) Community Water & Sanitation Facilities; (ii) Institutional Strengthening; and (iii) Program Management. National legal and regulatory provisions The relevant legal and regulatory provisions include: The Constitution of the Republic of Ghana, 1992 The State Lands Act, 1962 The Lands (Statutory Wayleaves) Act, 1963 Land ownership may be categorized into these 2 main forms: Customary land comprising stool and family lands; and Public land comprising state and vested lands. Public Institutions involved in Land Administration include: Land Commission RPF for the Sustainable Rural Water & Sanitation Project. Page iv

6 Land Title Registry Survey Department Land Valuation Board Department of Town and Country Planning Office of the Administrator of Stool Lands Ministry of Lands and Forestry Compensation Principles Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood restoration of affected people) will be addressed in compliance with the RPF Communal/stool/public lands will be considered first for any sub-project activity followed by family lands and before individual lands Voluntary land donations will be encouraged but carried out within strict guidelines to avoid abuse. As much as possible physical displacement will be avoided. Fair and adequate compensation will be paid to affected people Compensation will be paid before destruction of property/crops Compensation will be determined at full replacement cost Valuing entitlement & eligibility criteria Buildings, kiosks Replacement cost method would be used to determine market value and will be based on (1) land in comparable site, (2) drawings of buildings, related structures and support services, (3) average replacement costs of different types of buildings based on information on quantities and types of materials for construction, (4) prices of items on the local market, (5) costs of transportation, (6) estimates for construction of new buildings. Farm crops Market value as at the time of replacement and with LVB rates serving as a guide Tree felling Follow EPA requirement. Pay cash for every tree felled and in addition grow two more at location similar to where the other was felled. Loss of income Estimation of net monthly profit for business based on records; application of net monthly profit to the period when business is not operating. Disturbance allowance 10% of total compensation RPF for the Sustainable Rural Water & Sanitation Project. Page v

7 Entitlement Issues to be considered include cost of affected property, loss of income, disturbance allowance, relocation assistance, and special assistance if vulnerable. Eligibility criteria Assets Physical and non- physical assets such as homes, communities, productive lands, farmlands, cultural sites commercial/ business properties tenancy, income earning opportunities, and social and cultural networks and activities. Category of affected persons and compensation Persons with formal legal rights to land- To be provided compensation for land lost and other assistance Persons without formal legal rights to land at time of notification but have claims to property recognisable by resettlement plan- To be provided compensation for land lost and other assistance Persons with no recognizable legal right or claim to land they are occupying, eg squatters- To be provided resettlement assistance in lieu of compensation for land occupied. Persons encroaching on land after the notification- Not eligible for compensation or any form of resettlement assistance. Resettlement measures and cost estimates Detailed social assessment studies will be carried out within specific communities on project by project basis, as and when required. The framework for the compensation/ resettlement will then be applied incorporating specific (1) institutional arrangements, (2) resettlement/ compensation eligibility criteria, (3) implementation procedures, (4) financial responsibilities, and (5) monitoring and evaluation plan. Livelihood restoration measures will consider issues such as (1) income levels of affected persons, (2) other non- monetary sources of livelihood, (3) constraints and opportunities for income generation, (4) number of persons not able to revert to previous occupation, and (5) existing skills of affected persons. Vulnerable persons will be identified and special assistance offered during the compensation implementation process. Criteria include age-above 70 years, physical/mental disability, widows, orphaned children and bedridden or seriously sick persons. The cost will be derived from expenditures relating to (1) the preparation of the resettlement and compensation plan, (2) relocation and transfer, (3) income and means of livelihood restoration plan, and (4) administrative costs. Administrative and institutional framework The Community Water and Sanitation Agency has the overall responsibility for preparing the RPF and implementing the Resettlement Plan with World Bank approval. It will ensure that all compensation, resettlement and rehabilitation activities are carried out satisfactorily before the disbursement of funds RPF for the Sustainable Rural Water & Sanitation Project. Page vi

8 for construction work to commence. The Regional Water and Sanitation Team will organize the regional and district orientation and training for the District Assemblies and the various government departments likely to be involved in the process, to be ready to implement payment of compensations, and other activities in a timely manner. The RWST will ensure that progress reports reach the head office regularly. The project administration and resettlement planning will run concurrently. Much of the work will be done at the district level. The RWST through the District Assembly which is the local administrative authority, will ensure that Communities are properly and adequately informed of the Plans, and also their rights and options relating to their properties that may be affected by the project Coordinate activities between different communities implementing the resettlement plans Ensure timely provision of compensation, in cash and/ or kind Attend to any grievances submitted by the affected persons The DWST through the WATSANs/ WSDBs will engage and involve all sections of the community in discussions on the Plan. They will Schedule open meetings to ensure that all community members are informed and they are fully aware of their rights and options regarding the resettlement activity Identify impacts on lands and assets and the members of the community to be affected and to what extent they will be affected Consider voluntary contributions or else negotiated land acquisition Facilitate alternatives including compensations in kind and exemptions from local contributions Procedures for delivery of entitlements Entitlements may range from cash payments and/ or building materials to the provision of new land, new homes and compensation for other lost properties. Compensation will be paid before owners/ occupiers are made to vacate their properties for commencement of construction works. Payments will be funded like any other activity under the project s administrative and financial management rules and manuals. Procedures for establishing Committees, consultations, notifying affected persons, documentation, preparation of contract agreements, redress of grievances etc will be established. Monitoring plans and indicators The monitoring programme will provide a continuous feedback on the implementation of the RPF and the Plan itself. Monitoring teams at the district and regional levels will be constituted and will report regularly at the national level (Ministry of Works and Housing) through the. The district team will comprise the DA, DWST, WATSAN/ WSDB, and RWST while the regional team will be constituted by the RWST, DAs, and RCC. The monitoring indicators will cover areas such as (1) basic information on affected persons households, (2) restoration of living standards and livelihoods, (3) levels of affected persons satisfaction determined by number of grievances registered, and (4) effectiveness of resettlement planning. RPF for the Sustainable Rural Water & Sanitation Project. Page vii

9 An evaluation programme will be implemented to periodically check on compliance with policy and provide lessons to amend strategies, especially in the longer term. The evaluation will be based on current WB procedures and also national provisions on resettlement where they are consistent. Lessons learnt from implementation of RPF for CWSP II Phase 2 Project Key stakeholders such as DAs, DWST, RWST, Consultants/Contractors, Communities not adequately aware of the provisions in the RPF; Project affected persons (if any) not identified at the early stages of project; Compensation/resettlement related issues not fully captured for compensation and for formal reporting; Inadequate documentation of land/properties donated for project; Inadequate documentation of compensation payments or settlements; Non-documentation of measures adopted to minimize or avoid compensation; Beneficiary communities not aware of who is responsible for provision of compensation funds. Communities do think that it is the Project that provides funds for compensation payment and not the district assembly or local government. Recommendations Training seminars to be organized as part of the effort to disseminate the RPF to relevant stakeholders such as RCC, DA, RWST, DWST, Consultants/contractors, WSDB/WATSAN. The project will disseminate to all participating institutions and their representatives project document on safeguards for their use and reference. Project affected persons if any, should be identified and notified after preliminary designs are completed and sub-project sites have been selected within communities. The DWST/WATSAN/WSDB should be responsible. District/Regional LVB officials could be engaged to value affected properties using full replacement cost methods. The RWST in consultation with the DA should develop a simple land release form for completion and endorsement by voluntary donors and at least two witnesses and copies of such completed forms should be lodged at the Town Planning Unit of the District Assembly as well as the RWST office for future reference. Resettlement Plan should be prepared in line with the provisions of the RPF and implemented for each community with up to 50 affected persons or more. Compensation payment should be effected using the provisions of the RPF and documenting the processes applied in a simple compliance report if affected persons are less than 50. RPF for the Sustainable Rural Water & Sanitation Project. Page viii

10 1.0 INTRODUCTION 1.1 Background The Community Water and Sanitation Agency () is preparing a new water and sanitation project for over 600,000 beneficiaries for both water supply and sanitation facilities in seven (7) regions. The Project which is dubbed as the Sustainable Rural Water and Sanitation Project (SRWSP) will be funded by the IDA and implemented by the beneficiary District Assemblies. The SRWSP is within the general framework of the National Community Water and Sanitation Programme (NCWSP) launched in 1994 to address the problems of water and sanitation in rural communities and small towns. This Resettlement Policy Framework is prepared to contribute to the smooth execution of the Project with regards to social impacts. The contract to prepare this document also includes the preparation of an Environmental and Social Management Framework as a separate document. 1.2 Purpose of the RPF The development of an RPF is a requirement for projects that may entail involuntary resettlement, issues of compensation, acquisition of land, impact on livelihood, or restricted access to natural resources under the World Bank safeguard policy on involuntary resettlement (OP 4.12). Apart from meeting World Bank requirements, the RPF will provide project stakeholders on how to address compensation issues as related to affected properties/livelihoods including land and income generated activities during Project implementation. The application of the OP 4.12 also ensures participation, enhances sustainability and social cohesion. 1.3 Report Outline The RPF has the following outline: 1. Introduction; 2. Brief Description of the Proposed Project 3. Potential Project impacts on Assets and Livelihood 4. Relevant Legal, Regulatory and Administrative Framework 5. Principles, Objectives and Voluntary Land Donation 6. Valuations, Eligibility and Entitlements 7. Proposed Mitigation Measures and Cost Estimates 8. Proposed Administrative and Institutional Framework for Prevention and Mitigation 9. Implementation and Monitoring Plans including Description of Indicators 10. Stakeholder Consultations 11. Lessons learnt from Previous Project and Recommendations 12. References RPF for the Sustainable Rural Water & Sanitation Project. Page 1

11 2.0 BRIEF DESCRIPTION OF THE PROPOSED PROJECT The Community Water and Sanitation Agency () is seeking funding from the International Development Agency (IDA) to provide water and sanitation projects for over 600,000 beneficiaries in rural communities and small towns in six (6) regions. The Project dubbed as Sustainable Rural Water and Sanitation Project will support the continued implementation of the National Community Water and Sanitation Program (NCWSP), which is managed by the Community Water and Sanitation Agency (). The NCWSP aims at providing safe water, improved sanitation and hygiene (WASH) services to rural communities and small towns that will contribute to the capital cost and pay for the full operational and maintenance cost of these services. The main principles of the program are demand responsiveness; community ownership and management (COM); private sector provision of goods and services; and public sector facilitation. The Project will be implemented by the District Assemblies and will cover the Brong-Ahafo, Central, Northern, Western, Upper East and Upper West Regions. The Sustainable Rural Water and Sanitation Project will build upon the achievements of the CWSP II Phases 1 and 2 which covered six regions, namely Ashanti, Brong-Ahafo, Central, Western, Upper East, and Upper West Regions. 2.1 Proposed Project Development Objectives The objectives of the project are to: i. expand access to water and sanitation in rural and small town communities; and ii. strengthen local capacity to manage rural and small town water and sanitation facilities and to ensure their sustainability. The specific objectives include: Provide safe drinking water to about 600,000 people across six target regions by constructing, boreholes and piped schemes. Create the enabling environment through the promotion of CLTS among the above water beneficiaries and financially and operationally assist with the development of their own improved toilet facilities so that people eschew open defecation. Effect behavioral change among the target population through sustained and effective campaigns on proper disposal of fecal waste, proper hand washing and other sound hygiene practices. RPF for the Sustainable Rural Water & Sanitation Project. Page 2

12 Build capacity of national, regional, district and community level water and sanitation actors and practitioners for the implementation, supervision, monitoring and evaluation of sub projects. 2.2 Project Components The proposed project would have three main components and these are: 1. Rural and Small Town Water Supply; 2. Community Integrated Sanitation & Hygiene Promotion and Construction Support; and 3. Institutional Strengthening and Project Management Rural and Small Town Water Supply This component which is 64.4% of project costs, would provide resources for the improvement of access to water supply services through the construction and rehabilitation of onsite and piped water supply systems in 5 types of context; Provision of boreholes fitted with hand pump for rural communities (i.e. communities with population not exceeding 1,200). Provision of medium-sized systems based on mechanized boreholes to medium-sized small towns (i.e. for communities with population between 1,200 and 5,000). Provision of large sized systems based on mechanized borehole for larger sized small towns (i.e. communities with population exceeding 5,000). Rehabilitation of good yielding broken down orphan boreholes in rural communities and small towns. Rehabilitation of non-optimal performing water supply systems in small towns transferred from the Ghana Water Company Limited (GWCL). The project is yet to confirm the extent of sub- project activity in the respective beneficiary regions Community Integrated Sanitation & Hygiene Promotion and Construction Support This component which is 19.1% of project costs, would provide resources to: Support communities within the Project Districts to reach Open defecation free status. The project will generate demand in households to invest in sanitation facilities through the promotion of the Community Led Total Sanitation (CLTS), and hygiene education. The component will provide output based hardware subsidies & facilitate access to credits via a revolving fund to households for the construction of on-site household latrines (equipped with urinal and hand washing facility) and support for the procurement of waste disposal cans, once the demand is created. The component will support financial assistance to communities reaching open defecation free. RPF for the Sustainable Rural Water & Sanitation Project. Page 3

13 Support the construction of institutional latrines for schools and health facilities located within project area. Works supervision and assistance with promotion and education campaign This component aims at accelerating the pace to the attainment of the MDGs for sanitation by targeting whole communities and small towns within the project area to reach open defecation free status. The project will build capacity of beneficiary DAs to replicate the promotion in other communities that may not directly benefit from the project and provide for the training of local masons in building adequate toilet facilities. Communities will be assisted to select from a range of model designs of latrines incorporating urinal and hand washing facilities. The target groups for this component are dwellers in rural communities and small towns and are mainly peasant farmers. The component will improve quality of life through the reduction of excreta-related diseases Institutional Strengthening and Project Management This component which is 16.5% of project costs, will provide financing and resources under its sub-components, to support orientation, capacity building and technical assistance as well as logistics to streamline roles and strengthen capacities of key stakeholders in the water and sanitation sector for effective monitoring and supervision of the project. The orientation is considered critical to ensure that the local Government hierarchy consisting of the Ministry of Local Government and Rural Development {with its technical units, the Local Government Services (LGS), the Environmental Health and sanitation Directorate (EHSD), and the National Coordinating Office (NCO), the Regional Coordinating Councils (RCCs) and particularly the District Assemblies (with its technical units DWDs and the DWSTs) fully assume ownership of the project and improve coordinating relationship with. Technical Assistance (TA) This sub-component will provide related strengthening of these institutions and the WSDBs and WATSANs at the community level to maximize efficiency and effectiveness. Support will include workshops and clinics in monitoring, procurement, project management and reporting, contracting arrangements, supervision, financial management, environmental and social Accountability, and tariff setting. The project will finance the establishment and/or strengthening of District Works Department in the target regions. Logistics will also be provided to facilitate effective supervision and M&E at the community level by supporting the Water and Sanitation Committees (WATSANs) and Water and Sanitation Development Boards (WSDBs). Support will also be provided to the private sector through capacity building clinics to consolidate training programs implemented under the STWSS for provision of goods and services. Establishment of Sector Information System for Monitoring and Evaluation This sub-component will provide support for the establishment of a robust Sector Information System to facilitate information sharing, coordination and enhance M&E roles among the water and sanitation actors. The system will provide information database on quality services, RPF for the Sustainable Rural Water & Sanitation Project. Page 4

14 functionality of water supply and sanitation systems, collated investments (including that from GOG, donors, NGOs, and the private sector) on water and sanitation facilities and O&M funding requirements vis-à-vis tariff levels within communities. The financing will support the review, improvement and completion of the District Monitoring and Evaluation System (DiMES) for use in the DAs,, RCC and the WATSANs/WSDBs. Project Coordination and Management This sub-component will support the incremental costs incurred by to coordinate and facilitate the DAs in the implementation of the project as well as training and logistic needs of the agency s staff at the Head and Regional offices of. In particular, it will support coordination by s Regional offices of DAs and RCCs, and coordination by Head Office of Ministry of Local Government to ensure compliance with internal financial and procurement controls, banking arrangements and contract awarding and supervision processes. A reporting system will be established to ensure regional offices who are members of the RCCs report regularly to the RCCs and in particularly the Regional Minister to facilitate project implementation controls by the RCCs. will also be assisted to organize procurement, tariff setting and M&E clinics for the DAs, RCCs, and the WATSANs/WSDBs. RPF for the Sustainable Rural Water & Sanitation Project. Page 5

15 3.0 RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORKS 3.1 National Regulatory Framework The National Land Policy was prepared in 1999, and the ongoing Land Administration Project seek among other things, to streamline the myriads of laws regulating land administration and/ or establishing mandates for different land administration agencies in the country. Some relevant laws and regulations are the following: The Constitution of the Republic of Ghana, 1992; The State Lands Act, 1962; The Lands (Statutory Wayleaves) Act, 1963; and The Lands Commission Act 2008, Act 767. The Constitution of the Republic of Ghana, 1992 The Constitution includes some provisions to protect the right of individuals to private property, and also sets principles under which citizens may be deprived of their property in the public interest (described in Articles 18 and 20). Article 18 provides that Every person has the right to own property either alone or in association with others. In Article 20, the Constitution describes the circumstances under which compulsory acquisition of immovable properties in the public interest can be done: No property of any description, or interest in, or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied: a) The taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit; and b) The necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property. Article 20 of the Constitution provides further conditions under which compulsory acquisition may take place: no property shall be compulsorily taken possession of or acquired by the State unless it is, amongst other purposes, to promote the public benefit (Clause 1). Clause 2 of Article 20 further provides that: Compulsory acquisition of property by the State shall only be made under a law which makes provision for: RPF for the Sustainable Rural Water & Sanitation Project. Page 6

16 a) The prompt payment of fair and adequate compensation; and b) A right of access to the High Court by any person who has an interest in or right over the property whether direct or on appeal from any other authority, for the determination of his interest or right and the amount of compensation to which he is entitled. Clause 3 adds that: Where a compulsory acquisition or possession of land effected by the State in accordance with clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values. The State Lands Act, 1963 The Act 125 vests the authority to acquire land for the public interest in the President of the Republic. It also gives responsibility for registering a claim on the affected person or group of persons, and provides details of the procedure to do this. The State Lands Act, 1962 provides some details to be taken into consideration when calculating compensation such as definitions for (1) cost of disturbance, (2) market value, (3) replacement value, and so on. The Lands (Statutory Wayleaves) Act, 1963 This Act describes the process involved in occupation of land for the purpose of the construction, installation and maintenance of works of public utility, and for creation of rights of way for such works. The provisions include: The owner/ occupier of the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry; Any damage due to entry must be compensated in accord with the procedures established by the Minister unless the land is restored or replaced; In the case of highways, no compensation shall be paid, unless the land taken is more than one fifth of the total holdings of an affected person; Where a right of way must be established in the public interest, the President may declare the land to be subject to such statutory wayleave; On publication of a wayleave instrument specifying the area required, and without further assurance, the land shall be deemed to be subject to wayleave. Compensation is then determined and paid, with the right of appeal to a tribunal established by the President, in parallel with the Lands Act, The Lands Commission Act 2008, Act 767 RPF for the Sustainable Rural Water & Sanitation Project. Page 7

17 The Lands Commission Act 2008 establishes the Lands Commission to integrate the operations of public service land institutions in order to secure effective and efficient land administration to provide for related matters. The objectives of the Commission are to: Promote the judicious use of land by the society and ensure that land use is in accordance with sustainable management principles and the maintenance of a sound eco-system; and Ensure that land development is effected in conformity wit the nation s development goals. 3.2 World Bank Safeguard Policy on Involuntary Resettlement The World Bank s safeguard policy on involuntary resettlement, OP 4.12, (December 2001) is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions to natural resources, may take place as a result of the project. It includes requirements that: a. Involuntary resettlement should be avoided where feasible, or minimised, exploring all viable alternative project designs. b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. According to OP 4.12, the resettlement plan should include measures to ensure that the displaced persons are: a. informed about their options and rights pertaining to resettlement; b. consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and c. provided prompt and effective compensation at full replacement cost for losses of assets attributed directly to the project. If the impacts include physical relocation, the resettlement plan should include measures to ensure that the displaced persons are: i. Provided assistance (such as moving allowances) during relocation; and ii. Provided with residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. Where necessary to achieve the objectives of the policy, the resettlement plan also should include measures to ensure that displaced persons are: RPF for the Sustainable Rural Water & Sanitation Project. Page 8

18 a. offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and b. provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities. 3.3 Gaps Between Ghanaian Regulations and World Bank Policies There are significant gaps between Ghanaian regulations and World Bank policies. These are summarised in Table 1. Table 1 Comparison of Ghanaian Regulations with World Bank Policies Topic Ghanaian legislation requirement WB policy requirement Timing of Prompt Prior to displacement compensation payment Calculation of Fair and adequate Full replacement cost compensation Squatters No provision. Are deemed not to be Are to be provided resettlement eligible assistance (but no compensation for land) Resettlement In the event where inhabitants have to be displaced, the State is to resettle them on suitable land with due regard for their Affected people who are physically displaced are to be provided with residential housing, or housing sites, or, economic well-being and social and as required, agricultural sites ( ) at least cultural values. equivalent to the old site. Preference to be given to land-based resettlement for displaced persons whose livelihoods are land-based. Resettlement No specific provision with respect to Affected people are to be offered assistance additional assistance and monitoring. support after displacement, for a transition period Vulnerable groups No specific provision Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities Information and The owner/occupier of the land must be Displaced persons and their consultation formally notified at least a week in communities are provided timely and advance of the intent to enter, and be relevant information, consulted on given at least 24 hours notice before resettlement options, and offered actual entry opportunities to participate in planning, implementing, and monitoring RPF for the Sustainable Rural Water & Sanitation Project. Page 9

19 resettlement. Grievance Access to Court of Law Appropriate and accessible grievance mechanisms to be established 3.4 Project Measures to ensure compliance with World Bank Policy In general the Ghanaian laws and regulations make provision for resettlement framework, including land acquisition and compensation matters. There are some differences between the World Bank guidelines and the Ghanaian laws as indicated above. This Resettlement Policy Framework combines the World Bank Safeguard Policy on involuntary resettlement (OP 4.12) and the national laws. In circumstances where gaps exists between national laws and World Bank policy, the World Bank policy applies in such cases as provided in the Resettlement Policy Framework. The Resettlement Policy Framework is therefore the main guide for the implementation of land acquisition and compensation under the project. 3.5 Land Tenure Land ownership may be categorized into these 2 main forms: Customary land comprising stool and family lands; and Public land comprising state and vested lands. Customary land Land owned customarily is governed by customary laws prescribed by the local community and therefore varies greatly from place to place. Allodial titles are vested in stool lands and it is the highest right to ownership of land. Family land is vested in the head of the family and is not under government control as Stool lands are under the Administrator of Stool Lands. Public land State lands have been compulsorily acquired by government for public purposes or in the public interest and administered by the Lands Commission. Vested land is customarily owned but vested in the government which manages it on behalf of the owner (e.g. stool). 3.6 Public Institutions involved in Land Administration These include: Lands Commission-Public and Vested Lands Management Division Lands Commission-Land Registration Division Lands Commission-Survey and Mapping Division Lands Commission-Land Valuation Division RPF for the Sustainable Rural Water & Sanitation Project. Page 10

20 Department of Town and Country Planning Office of the Administrator of Stool Lands Ministry of Lands and Natural Resources Their roles and responsibilities are summarized in the following table: Table 2 Legal, regulatory and administrative frameworks Public Institution Legal backing Mandate Lands Commission- Public and Vested Lands Management Lands Commission Act, 2008, Act 767 Facilitates the acquisition of land for Government; and manages state acquired and vested lands in conformity with approved land use plans Division Lands Commission- Lands Commission Act, Ensures registration of title to land and other Land Registration 2008, Act 767 interests in land; maintains land registers that Division Land Title Registration contains records of land and other interests in land; Act, 1986 ensures registration of deeds and other instruments affecting land, among other functions Lands Commission- Survey and Mapping Division Lands Commission Act, 2008, Act 767 Survey Act 1962, Act 127 Supervises, regulates and controls the survey and demarcation of land for the purposes of land use and land registration; Supervises, regulates, controls and certify the production of maps; Plans all national surveys and mapping among other functions Lands Commission- Lands Commission Act, Assesses the compensation payable upon acquisition Land Valuation 2008, Act 767 of land by the government; valuation of interests in Division land or land related interests for the general public at a fee among other functions Department of Established in 1945 Designs plans and controls settlements Town and Country Planning Office of the Stool Land Act, 1994 Manages revenue drawn from stool/ skin lands; Administrator of establish stool land account; collect revenue into Stool Lands account; disburse monies to stool, traditional authority and District Assemblies. Ministry of Lands - Formulates policies for Lands Administration in and Natural Ghana Resources RPF for the Sustainable Rural Water & Sanitation Project. Page 11

21 4.0 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS 4.1 Overview This policy framework is triggered in anticipation that the project may have some impacts on assets and livelihoods, however limited these impacts may eventually turn out to be. Experience from CWSP II Phases 1 & 2 did not indicate any significant impacts of the projects. It is expected that, under this new project, similar conditions may apply. For instance institutional latrine facilities will be sited within existing land boundaries of beneficiary institutions and therefore no new land acquisition will be needed. Similar conditions for land may apply in the case of other sub projects for water. This RPF makes provisions to minimize impacts through total avoidance, redesigning or rerouting where practical. However, as sub-projects are not known in sufficient detail at this stage of preparing this Resettlement Policy Framework (RPF), provisions are made in the RPF to accommodate all potential situations, including cases that may entail actual displacement and livelihood restoration assistance in concordance with the World Bank Policy on Involuntary Resettlement (OP 4.12). 4.2 Assessment of social impacts Structures to be affected will mostly be along the RoW in respect of the pipelines for small town water supply projects whereas the water supply points and the reservoirs may be situated on farm lands and open spaces in both rural communities and small towns. These will be confirmed from the social surveys, and will determine the magnitude of any displacement and the impact of the project implementation, both positive and negative. From field observations, it will be possible to enumerate persons and properties (households, commercial activities including farms, and other commercial undertakings) whether renters, owners or squatters to be affected wholly, totally or marginally. The survey may suggest mitigation measures if possible. 4.3 Generic project impacts on assets and livelihoods Table 3 shows in generic terms what impacts on assets (land, crops, and structures) and livelihoods can be expected given the types of activities envisioned under the Project. RPF for the Sustainable Rural Water & Sanitation Project. Page 12

22 Table 3 Sub- project Community Borehole development Institutional latrine facilities Small pipelines reservoirs Generic project impacts on assets and livelihoods towns and Potential Impact on Assets and Livelihoods Land Crops Forests/cultural sites Structures Livelihoods Permanent acquisition of land; Temporary occupation during construction (access) Permanent acquisition of land/ Land already acquired or occupied by institution. Temporary occupation construction access during for Permanent acquisition of land; acquisition of RoWs for pipes; temporary occupation during construction for access Destruction of crops on areas permanently acquired; Damage to crops on temporarily acquired land Destruction of crops on areas earmarked for project; Damage to or destruction of crops on temporarily occupied land Destruction of crops on areas permanently acquired; Damage to or destruction of crops on temporarily occupied land Destruction or damage of family/community dedicated trees or sacred groves; Relocation of shrines etc from areas permanently acquired Destruction of standing trees or vegetation Destruction or damage of family/community dedicated trees, sacred groves, cemeteries along RoWs of pipes; Relocation of shrines etc if any from areas permanently acquired Nil Affected farmers livelihood, including owners, occupants/ users. Nil Affected farmers livelihood, including owners, occupants/ users. Temporary displacement of moveable structures located within RoW of pipelines; Destruction of permanent immoveable structures in RoW or other acquired lands Affected businesses eg shopkeepers livelihood and may be owner, user etc. Affected farmers livelihood, including owners, occupants/ users RPF for the Sustainable Rural Water & Sanitation Project. Page 12

23 5.0 PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS 5.1 Principles and objectives These principles are intended to minimize negative impacts. However, it will not be always feasible to avoid displacement or land acquisition. In addition to impact minimization measures, mitigation measures are needed, hence this RPF Regulatory Framework Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood restoration of affected people) will be addressed in compliance with the Constitution of Ghana, with other Ghanaian regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where there are gaps or inconsistencies between Ghanaian laws and the World Bank policy, the World Bank policy OP 4.12 will apply Minimising land compensation payment Communal or stool lands vested in the traditional authorities and public lands will be considered first in all cases. This will be followed by family lands and individual lands will be a last resort. Community sub-projects will be community driven and therefore voluntary land donations for the project will be welcomed and encouraged in all cases but measures will be put in place to prevent abuse Minimization of Displacement In line with the World Bank safeguard policy OP 4.12, the Project will minimize displacement through the following design procedures: Wherever inhabited dwellings may potentially be affected by a component of a sub-project, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any impact on such dwellings and to avoid displacement/relocation accordingly; Wherever the impact on the land holding of one particular household/family/individual is such that the household/family/individual may not be sustainable in the long term, even if there is no need for physical displacement, the sub-project shall be redesigned (facility relocation, rerouting) to avoid any such impact; For major water facilities like reservoirs and office buildings, minimization of land impact will be factored into site and technology selection and design criteria; To the extent possible, Project facilities will be located in public spaces; Pipelines, public taps, other linear infrastructures (power lines) required by the Project will be routed inside right-of-ways, easements or reservations (roads, streets, power lines) wherever possible. RPF for the Sustainable Rural Water & Sanitation Project. Page 13

24 5.1.4 Fair and adequate compensation One cardinal principle of the World Bank safeguard policy on Involuntary Resettlement (OP 4.12) is that project affected persons should be no worse-off if not better off after the compensation or resettlement has taken place. The compensation package will include loss of income or livelihood restoration assistance or relocation assistance as appropriate plus a disturbance allowance Compensation payment Compensation principles will be as follows: Compensation shall be paid prior to displacement or destruction; Compensation will be at full replacement value. By contrast with the depreciated or net value of a structure, the replacement value includes the full cost of materials and labour required to reconstruct a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building Community involvement and sensitisation Each beneficiary community will be sensitized on the project and likely project impacts and the extent of their involvement to ensure project success. Measures instituted to address negative project impacts will be well communicated to the community. 5.2 Voluntary Land Donations Voluntary land donations from community members who wish to do so for the sake of the community will be allowed. However, it will be subject to certain safeguards to ensure that people are not forced/coerced in giving up their rights to their assets. The DWST/DAs will ensure that the donor is the legitimate owner of the land; and that the donor is fully informed of the nature of the project, and the implications of donating the property for community project/usage. The following measures will be considered in dealing with land donations, based on their relevance to the cases being encountered: An assessment that the affected person does not suffer a substantial loss affecting his/her economic viability as a result of the donation. Confirmation that the project has been discussed with the affected person and acknowledgement by the affected person of his/her understanding of the long term project land use. Confirmation from the traditional authorities or the district assembly that the land is free of claims/dispute or encroachments from any third party. Documentation of land donated for the Project: The DWST/DAs will develop a land release form to be completed and endorsed by the donor and witnessed by the traditional RPF for the Sustainable Rural Water & Sanitation Project. Page 14