ABBREVIATED RESETTLEMENT ACTION PLAN

Transcription

1 Public Disclosure Authorized SFG2673 Public Disclosure Authorized Public Disclosure Authorized ABBREVIATED RESETTLEMENT ACTION PLAN FOR THE CONSTRUCTION OF THE NEW REDEMPTION HOSPITAL BY THE MINISTRY OF HEALTH, RL Public Disclosure Authorized October 2016

2 ENTITY NAME: Ministry of Health Liberia PROJECT NAME: The Construction of the New Redemption Hospital - Abbreviated Resettlement Action Plan (ARAP) PROJECT PERIOD: July 9 October 22, 2016 REPORT DATE: 25 October 2016 PREPARED BY: Michael V. Suah P. O. Box Benson Street Monrovia, Liberia This report has been produced by the author with the skill and care ordinarily exercised by a reasonable Environmental and Resettlement Consultant at the time the Services were performed. Further, and in particular, the Services were performed by the author taking into account the limits of the scope of works required by the client, the time scale involved and the resources, including financial and manpower resources, agreed between the author and the client. Other than that expressly contained in the paragraph above, the author provides no other representation or warranty whether express or implied, in relation to the services. This report is produced exclusively for the purposes of the client. The author is not aware of any interest of or reliance by any party other than the client in or on the services. Unless expressly provided in writing, the author does not authorize, consent or condone any party other than the client relying upon the services provided. Any reliance on the services or any part of the services by any party other than the client is made wholly at that party s own and sole risk and the author disclaims any liability to such parties.

3 Table of Contents EXECUTIVE SUMMARY. Page i List of Acronyms 1.0 INTRODUCTION General Description of the Project Identification of the Project Area Objectives of the ARAP Detailed Methodology Guiding Principles of the ARAP Report Structure POTENTIAL PROJECT IMPACTS Project Components That Gives Rise to Resettlement Anticipated Impacts Impact on Land: The Project Affected Area Impacts on People and Livelihood Impacts on Public and Community Infrastructure Impacts on Businesses Impacts on Cultural Sites, The Mechanisms Established to Minimize Impacts SOCIO-ECONOMIC BASELINE CONDITIONS Survey methodology and Approach Population and Gender of PAPs Vulnerable Group Livelihod and Income of PAPs, PAPs Preferred Mode of Resettlement, Property in the Project Area, Land Tenure and Title Deed of PAPs, PAPs Support for the Project and Time Period to Relocate, LEGAL, POLICY & INSTITUTIONAL FRAMEWORK Legal Framework Policy Frameworks Liberian Policies World Bank Group Safeguard Policies Comparative Analyses between Liberian Legislations & World Bank Safeguard Policies Institutional Framework COMPENSATION FRAMEWORK Key Principles Criteria for Determining Eligibility and Entitlement of PAPs Cut-Off-Date 24 i

4 6.0 DESCRIPTION OF RESETTLEMENT ASSISTANCE AND COMPENSATION PROCEDURES Valuation of Assets Mode of Compensation Resettlement and Other Assistances Unit Cost per Parcel of Land Compensation and Entitlement Matrix ARAP IMPLEMENTING INSTITUTIONS AND RESPONSIBILITIES ARAP IMPLEMENTATION BUDGET and SCHEDULE Budget for the Implementation of the RAP Schedule of Implementation of the ARAP PUBLIC PARTICIPATION AND DISCLOSURE Notice of Intent for the Project Socio-economic Survey Stakeholders Meetings Perception of Impact of the Project by PAPs Stakeholders Involvement in ARAP Preparation Future Consultations Plan Disclosure of the ARAP Document GRIEVANCE MANAGEMENT AND REDRESS Objectives of the Grievance Procedure Grievance Procedure Costs in the Grievance Redress Mechanism and Capacity Building, MONITORING & EVALUATION OF THE ARAP Internaal Monitoring External Monitoring CONCLUSION. 45 APPENDICES APPENDIX 1: APPENDIX 2: APPENDIX 3: APPENDIX 4: APPENDIX 5: APPENDIX 6: APPENDIX 7: Notices of Intent for the Project Sample Questionnaire List of Affected Persons Names/Contacts of Members of Resettlement Committee Minutes & Attendance of Stakeholders Meetings Names/Contacts of Members of the Grievance Redress Committee Samples of Grievance Complaint Form and Grievance Proceeding Form ii

5 LIST OF FIGURE Figure 1-1: Map of Liberia showing location of the project 2 Figure 1-2: Diagram showing layout of the project site. 2 Figure 3-1: Graph Showing Gender of PAPs. 11 Figure 3-2: Graph Showing Property Types of PAPs 12 Figure 7-1: Matrix of Key Implementing Institutions.. 29 LIST OF TABLES Table 3-1: Gender of the PAPs Table 3-2: Property Types in the project area.. 12 Table 3-3: Summary Table of the RAP. 13 Table 4-1: Comparison between Liberian Legislations & World Bank Policies 13 Table 6-1: Compensation and Entitlement Matrix for PAPs Table 6-2: List of PAPs and Nature of Property Loss. 28 Table 7-1: Key Implementing Institutions and their functions 32 Table 8-1: Budget for the Implementation of the ARAP. 33 Table 8-2: Proposed Schedule of Implementation of the ARAP Table 11-1: Criteria and Indicators for Internal Monitoring Table 11-2: Criteria and Indicators for External Monitoring iii

6 LIST OF ACRONYMS AIDS - Acquired Immunodeficiency Syndrome ARAP - Abbreviated Resettlement Action Plan CNDRA - Center for National Documents and Records Agency CNGLDA - Caldwell-New Georgia-Louisiana Development Association EERP - Ebola Emergency Response Project EPA - Environmental Protection Agency of Liberia ETMI - Elizabeth Tubman Memorial Institute EVD - Ebola Virus Disease GOL - Government of Liberia HIV - Human Immunodeficiency Virus IR - Involuntary Resettlement MOH - Ministry of Health OP - Operational Policies PAPs - Project Affected Persons RAP - Resettlement Action Plan SES - Socio-Economic Survey USAID - United States Agency for International Development WB - World Bank WHO - World Health Organization iv

7 EXECUTIVE SUMMARY Introduction During the Ebola Virus Disease (EVD) outbreak in Liberia, and in response to a call for urgent support from the Government of Liberia, the World Bank proposed a package of short and medium term emergency financing- through the Ebola Emergency Response Project (EERP) - that complimented and supported a multipartner emergency response effort led by the World Health Organization (WHO). Specifically, the EERP aims to support the Strategic Operational Outbreak Response Plan and provide funding to address key challenges in controlling the EVD. The goal of the project is to contribute in short term to the control of the EVD outbreak and the availability of selected essential health services, and mitigate the socio-economic impact of EVD in the three heavily affected countries. In support of attainment of project development objective- and in particular, to improve the resilience of the health system to future shocks, the Government of Liberia (GOL), through the Ministry of Health (MOH), identified the construction of the new Redemption Hospital as one of the priority interventions to be funded under the EERP grant. The current Redemption Hospital was originally a market building that was transformed by the Government of Liberia in the 1980 s to address the medical needs of several urban-slum communities of over 200,000 who did not have access to public hospital. The current Redemption Hospital is limited in the services it provides to the existing catchment population which is now estimated at over 400,000. Additionally, while Redemption Hospital was intended as a tertiary level hospital, especially to address maternal and child health issues, it is not able to provide services at tertiary standard due to constraints in infrastructure. In order to address both the medical and infrastructural needs, the Ministry of Health, in 2009, decided to build a Pediatric Hospital as part of the Redemption Hospital facilities. However, because of the limited land space, the project did not pick up at the current facilities. The Ministry of Health subsequently acquired 35 acres of land in Upper Caldwell, Montserrado County, to construct the new Redemption Hospital facilities. The cost for construction of the new Redemption Hospital is expected to be conducted in phases. The estimated cost of Phase 1, which will be funded through the EERP, is US$14 million. Additional support is also being provided by USAID and the Global Fund to construct a National Pharmaceutical Warehouse, and by the German Government for the construction of an Infectious Disease Unit at the new facilities. A re-survey of the land which was done recently revealed that 24 out of the 35 acres are being claimed by community members. In compliance with the GOL and the World Bank s safeguard policies, the Ministry of Health has hired a certified evaluator and environmental consultant to conduct environmental and social impact studies, develop and help implement an abbreviated resettlement action plan (ARAP) for the proposed construction. v

8 Identification of the Project Area The 35 acre parcel of land intended to be used for the construction of the new Redemption Hospital and associated facilities is located in Upper Caldwell, Montserrado County, Liberia. Caldwell is surrounded by 13 major communities and townships, linked to three urban-slum communities. The settlement has never had a hospital. Objectives of the ARAP This Abbreviated Resettlement Action Plan is prepared to ensure that the livelihood of the persons impacted by the project is maintained or made better and that the project does not impoverish the affected persons The ARAP is aimed at collecting detailed information on persons who will be directly affected by the project activities, types and magnitude of impacts, as well as identifying options and strategies for compensating such affected persons for resettlement The study involved a socio economic survey of the persons affected by the project which helped to assert economic situation of the project affected persons before implementation of the project. The study also involved comprehensive stakeholder participation with the affected persons to ensure that their concerns are included in the report as well as the valuation of their structures. Detailed Methodology The ARAP process for the new Redemption Hospital was organized to involve persons likely to be affected by the project as much as possible. This was in an effort to develop a report that is comprehensive and inclusive of the views of affected persons. This was achieved through interviews and meeting with affected persons and local community leaders, as well as consultation with officials of governmental institutions. Potential Project Impacts The proposed project will have a serious impact on land due to the fact that approximately lots or acres of the 35 acres parcel of land earmarked for the construction of the new Redemption Hospital is owned and/or occupied by private citizens. A total of 88 land/structures owners and dependents were identified during the survey, which will unavoidably lose land or have their structures demolished so as to provide the space for the construction of the new redemption Hospital. The project will not adversely impact on the road network in the area. Instead, improved access will be realized in the project area which has a poor road infrastructure since the construction process will also ensure the construction of access to enable transportation to the new hospital. There is no public or private graveyard within the project site that could be adversely affected. No church or mosque will be affected by the proposed project. vi

9 There are several schools near the project site. However, none of these institutions will be directly affected by the project in anyway. The construction of the new Redemption Hospital at the proposed site will not affect any business as the area is primarily a residential area. There are no cultural sites like shrines etc. in the proposed project area. Socioeconomic Baseline Conditions A Socio-Economic Survey (SES) was conducted of the Project Affected Persons (PAPs), who are the owners of structures within the proposed project area. Fewer of the project affected households (PAHs) were interviewed for the purpose of gaining information on their situation and present living standards Of the PAPs interviewed, 30% are aged between years, while 70% are aged between 32 and 65. Males are in the majority (65), while females make up the minority (23). Females in Liberia, who are heads of households, are disproportionately vulnerable due to lack of capital, wage differentials, bearing the responsibility for childcare/children upbringing and exclusion from or difficulties acquiring basic services. Hence, for the case of this report, females who are household heads and property owners are much more vulnerable in Liberia, as compared to males. Their vulnerability is also due to traditional and religious reasons. 15 females who are household heads were identified as vulnerable. The survey did not observe any disabled, indigenous person, child and the elder as structure head as defined by WB OP4.12. It can be safely said that all 100% of the PAPs earn moderate or decent income to enable them purchase land and construct structures in the project area. However, due to uncontrolled expectation between MOH and the PAPs, PAPs interviewed were not opened in disclosing their incomes. All of the PAPs interviewed during the survey stated that they would prefer cash as their preferred mode of resettlement. There are a total of 74 property owners identified in the proposed project area. These owners laid claims to 76 parcels of land or structures as two (2) property owners are owners of two (2) structures each. During the conduct of the survey and subsequent meetings held with the PAPs, 60 PAPs presented copies of title deeds showing that they own properties in the project area in fee simple title. 14 PAPs did not turn up. All 100% of the PAPs expressed high support for the project and also indicated that they are willing to move to another location or be resettled to allow for the project implementation. vii

10 Summary Table of the ARAP Description Country County Type of Civil Work Comment Liberia Montserrado Construction of the new Redemption Hospital and associated facilities Total Number of Unoccupied Parcel of land 57 Total Number of Unfinished Structures 13 Total Number of Completed Structures 6 Total Number of Eligible PAPs 74 Total Number of PAPs 88 Total Number of Males 65 (59 land/structure owners, 6 dependents) Total Number of Females 23 (15 land/structure owners, 8 dependents) Number of Affected Community Sand Beach Community (Upper Caldwell) Number of Affected Public Utilities Graves Mosque/Church Schools Total Budget for Implementation of ARAP Two (2) community water wells none none none US$928, Legal, Policy and Institutional Frameworks The ARAP takes into account applicable existing legislations and policies within the context of Liberian Law. The ARAP draws on the Liberian Constitution of 1986, the Aborigine Law of 1956, Property Law of 1976, Revised Rules and Regulations Governing the Hinterland of Liberia (2001) and recent Land Right Policy (2013). Preparation of this ARAP also draws on the requirements of the World Bank Policies 4.12 Involuntary Resettlement and relevant social safeguard policies. Criteria for Determining Eligibility and Entitlement of PAPs All persons owning vacant and/or land with structures in the project area at the Cutoff-date, which is the first day of inventory of losses, will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows: persons who have formal legal rights to land (including fee simple or squatter rights recognized under Liberian law); those with temporary or leased rights to use of the land; and persons who do not have formal legal rights to lands or other assets at the time of the cut-off date, but who have claim such legal rights by virtue of occupation or use of those assets. viii

11 Cut-off-Date The Cut-off-date for this ARAP was August 11, 2016 which was the date of commence of activities for the conduct of census and inventory of loss of persons in the project area. It can be read in the Notice of Intent for the project published in the Daily Inquirer Newspaper on that date. After the Cut-off-date, any entry or encroachment in the project area for the purpose of claiming or occupying same will not be recognized as the target for resettlement and compensation. ARAP Implementing Institutions and Responsibilities The implementation of this ARAP will involve relevant institutions with mandates on the infrastructure, environment and implementation of the project. These institutions will include (1) MOH; (2) EPA, (3) CNDRA, and (4) CNGLDA. However, the Environmental and Social Safeguard Unit of the Ministry of Health will take the lead in the overall conduct of this exercise Budget for the Implementation of the ARAP The total cost for compensation and resettlement of PAPs for land and structures in the affected area amounts to US$876, The cost for unoccupied land is US$237, There is no cost for loss of business income. The cost for land and unfinished structures is 379,985.59; while the cost for land and completed structures is 255, Additional top-up was provided to particular groups of PAPs. This included Relocation/Transportation Allowance of US$ for three (3) PAPs who reside on the project site with their families; and Assistance to Vulnerable Persons of US$2, which was granted to female PAPs who are single parent and heads of households. The cost for the administration, implementation, monitoring and evaluation is US$31, The values presented assume standard structures to comply with the requirement of the provisions of WB OP4.12 which outline that these PAPs should be assisted to improve their standards of living or at least to restore them to their pre-displacement levels. The table below shows the ARAP budget: No Item Q ty Estimated Cost Source of Funding Compensation for Affected Land and Structures 1 Un-occupied/vacant land , GOL/MOH 2 Land and Unfinished Structures , GOL/MOH 3 Land and Completed Structures 5 255, GOL/MOH Sub-Total (= A) 873, Compensation and Other Assistance 4 Relocation Assistance (USD250 per household GOL/MOH presently residing on the project site. 5 Assistance to Female Household Heads - Vulnerable 15 2, GOL/MOH People (USD150 per female landowner) Sub-Total (= B) 3, Total (C = A + B) 876, Administration, Implementation, Monitoring and Evaluation 6 In-country Disclosure of ARAP L.S 1 2, GOL/MOH 7 ARAP Implementation Logistics and Administration L.S 1 3, GOL/MOH 8 Cost for ARAP Implementation Committee L.S 1 5, GOL/MOH 9 Capacity Building of Grievance Redress Committee L.S. 1 4, GOL/MOH 10 Grievance Mechanism Re-assessment of Properties L.S. 1 8, GOL/MOH 11 Grievance Committee Administration L.S. 1 6, GOL/MOH 12 External Monitoring L.S 1 3, GOL/MOH ix

12 Sub-Total (= D) 31, Contingency (E = 2.5% of C)* L.S 1 21, Grand Total (F = C + D + E) 928, The total amount of Nine Hundred Twenty Eight Thousand Nine Hundred Forty Eight United States Dollars and Seventy Eight Cents (US$928,448.78) is required for the implementation of this ARAP. Of this amount, US$876, will be paid directly to PAPs. The remaining amount is intended for supervising the implementation of the ARAP, monitoring and evaluation Schedule of Implementation of the ARAP This ARAP is planned to be implemented over a period of nine (9) months. All PAPs are expected to be fully compensated within the first two (2) months. PAPs who are only land owners are expected to vacate the property immediately upon receiving compensation. Owners of unfinished structures are expected to vacate within one (1) month after receiving payment. Owners of completed structures and residing on the site are expected to vacate within six (6) months after receiving payment. The plan also takes into account important variables such as resolution of conflicts and grievances during the entire duration of the RAP implementation. Public Participation and Disclosure Amongst other issues discussed with the PAPs and other stakeholders in the stakeholder meeting, PAPs were notified of the details of the project. PAPs were informed that they will have to be resettled to allow for the implementation of the project. They were also informed of the results of the socio-economic and inventory of loss surveys. The participation of the PAPs in the entire process was welcome. All of the PAPs recognized that the implementation of the project would be for the benefit of the nation and people. As such, they promised to make the needed sacrifice to ensure that the project became fruitful. The ARAP for the Project will be disclosed in Liberia by the Environmental and Infrastructure Implementation Units of the Ministry of Health (MOH) and EPA. Summary of the ARAP will be published in the major newspapers and also hosted on the MOH website. Copies will also be disclosed at the Commissioner Officers in Caldwell, Montserrado County, where the project is being undertaken. The MOH will also authorize the World Bank to disclose this ARAP electronically through its infoshop Grievance Management and Redress The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexibility and open to various proofs taking into account a speedy, just and fair resolution of their grievances. Grievances that will result over compensation will be dealt with in a timely and transparent way, MOH and PAPs will set-up a grievance redress committee to address complaints arising from the implementation of this ARAP. MOH will provide the cost for the grievance exercises and it is expected to be opened for the duration of the ARAP implementation. x

13 Monitoring and Evaluation The ARAP monitoring will allow for the correction of implementation methods in real time during the project implementation, and also to check whether general objectives have been met and whether the resettlement and compensation program can be deemed complete. Monitoring and evaluation will include an internal tier and an external tier. xi

14 1.0 INTRODUCTION 1.1 General Description of the Project During the Ebola Virus Disease (EVD) outbreak in Liberia, and in response to a call for urgent support from the Government of Liberia, the World Bank proposed a package of short and medium term emergency financing- through the Ebola Emergency Response Project (EERP) - that complimented and supported a multipartner emergency response effort led by the World Health Organization (WHO). Specifically, the EERP aims to support the Strategic Operational Outbreak Response Plan and provide funding to address key challenges in controlling the EVD. The goal of the project is to contribute in short term to the control of the EVD outbreak and the availability of selected essential health services, and mitigate the socio-economic impact of EVD in the three heavily affected countries. In support of attainment of project development objective- and in particular, to improve the resilience of the health system to future shocks, the Government of Liberia (GOL), through the Ministry of Health (MOH), identified the construction of the new Redemption Hospital as one of the priority interventions to be funded under the EERP grant. The current Redemption Hospital was originally a market building that was transformed by the Government of Liberia in the 1980 s to address the medical needs of several urban-slum communities of over 200,000 who did not have access to public hospital. The current Redemption Hospital is limited in the services it provides to the existing catchment population which is now estimated at over 400,000. Additionally, while Redemption Hospital was intended as a tertiary level hospital, especially to address maternal and child health issues, it is not able to provide services at tertiary standard due to constraints in infrastructure. Patients are turned away at Redemption Hospital due to the general lack of capacity and an inability to treat certain conditions with the facilities available. In addition to these challenges in capacity and specialized services, Redemption Hospital faces challenges with electricity and wiring which have led to many patients (who would otherwise have been treated on site) being referred to alternative hospitals. In order to address both the medical and infrastructural needs, the Ministry of Health, in 2009, decided to build a Pediatric Hospital as part of the Redemption Hospital facilities. However, because of the limited land space, the project did not pick up at the current facilities. The Ministry of Health subsequently acquired 35 acres of land in Upper Caldwell, Montserrado County, to construct the new Redemption Hospital facilities. The decision for the relocation and construction of the new hospital was further necessitated by the EVD outbreak and its impact on the existing hospital. The hospital was one of the epicenters where more than one hundred EVD patients died, including health care workers. The construction of the new hospital is in line with the Ministry of Health Investment Plan for a resilient health system. The new hospital, estimated to cost about US$26 million, is among the three hospitals (Redemption, J.J. Dossen, Phebe) prioritized in the Investment Plan for upgrading to function at the regional level, responsible to provide tertiary and specialized medical services. 1

15 The cost for construction of the new Redemption Hospital is expected to be conducted in phases. The estimated cost of Phase 1, which will be funded through the EERP, is US$14 million. Additional support is also being provided by USAID and the Global Fund to construct a National Pharmaceutical Warehouse, and by the German Government for the construction of an Infectious Disease Unit at the new facilities. A re-survey of the land which was done recently revealed that 24 out of the 35 acres are being claimed as private properties by community members. In compliance with the GOL and the World Bank s safeguard policies, the Ministry of Health has hired a certified evaluator and environmental consultant to conduct environmental and social impact studies, and develop and help implement an abbreviated resettlement action plan (ARAP) for the proposed construction Overall, it has been established from investigation of the project area that implementation of the project will cause minimal disruption and resettlement of affected persons since the proposed project area is sparsely inhabited, with only few person presently residing thereon. 1.2 Identification of the Project Area The 35 acre parcel of land intended to be used for the construction of the new Redemption Hospital and associated facilities is located in Upper Caldwell, Montserrado County, Liberia. Caldwell is surrounded by 13 major communities and townships, linked to three urban-slum communities. Caldwell is one of the oldest settlements of Liberia, founded in It is a suburb of the capital city of Monrovia, located approximately 7.8 miles from the city center. The site is also approximately 4 miles from the present Redemption Hospital located in New Kru Town, Bushrod Island, Monrovia. The settlement has never had a hospital. Figure 1-1 is a map showing the location of the project area in Liberia, while Figure 1-2 shows the demarcation of the 35 acres of land. Figure 1-1: Map of Liberia showing location of the project area. Figure 1-2: Diagram showing layout of the project 2

16 The Upper Caldwell area, where the new Redemption Hospital is to be built, is located in an area of Caldwell that has only recently been developed with small single-family residences and farmland scattered around the adjacent properties. Currently, the area is experiencing rapid urbanization. A general survey of the surrounding area has indicated that approximately 50% of structures in the area are currently under construction or in development. Portions of the land of the project area are been claimed by several persons as property owned in fee simple. Several foundations and unfinished construction projects can be seen thereon. However, only 6 structures are completely constructed and occupied by residents. The project site is accessible by the newly paved Caldwell motor road, about 1 kilometer on the laterite road toward the Hua Lee Sand Dredging site in Upper Caldwell The site has substantial street-frontage on a large two-lane dirt road. A side road provides access along the south side of the site, however this road is not well developed and is a single lane. It is anticipated that this road will be widened to two lanes to accommodate access to the new NDS Warehouse to be located a few hundred feet South-West of the Hospital site. RE The site does not have access to public water, sewer, or electrical utilities, however, the MOH intends to work with other Government of Liberia agencies to pave the main access road, and run public water and electricity lines to the site before the first phase of construction is completed. 1.3 Objectives of the ARAP This Abbreviated Resettlement Action Plan is prepared to ensure that the livelihood of the persons impacted by the project is maintained or made better and that the project does not impoverish the affected persons. The main objectives of preparing the Abbreviated Resettlement Action Plan are: a. To identify the Project Affected Persons and parcels of land that will be affected during implementation of the project. b. To develop compensation framework that will propose compensation at full replacement cost to persons whose structures will be demolished or removed as easement to the project. c. To adequately compensate affected persons for their losses and/or that their incomes are restored or improved in compliance with national and international policies. d. To minimize disruption and resettlement of affected people. e. To fill up consultation gap with PAPs who are owners, tenants or users of the identified project area, which could not be arranged during preparation of the ARAP; 3

17 f. To update the ARAP and its Implementation Schedule; and g. To implement the RAP monitoring and evaluation measures. The study involved a socio economic survey of the persons affected by the project which helped to assert economic situation of the project affected persons before implementation of the project. The study also involved comprehensive stakeholder participation with the affected persons to ensure that their concerns are included in the report as well as the valuation of their structures. This ARAP is designed to meet the Liberian legislations and regulations and World Bank requirements including the Operational Policy Involuntary Settlement, consulting those likely to be affected and planning to assist those to be displaced in restoring their livelihood to pre-project level. 1.4 Detailed Methodology The ARAP process for the new Redemption Hospital was organized to involve persons likely to be affected by the project as much as possible. This was in an effort to develop a report that is comprehensive and inclusive of the views of affected persons. This was achieved through interviews and meeting with affected persons and local community leaders, as well as consultation with officials of governmental institutions. The methodology upon which the ARAP is prepared is as follows: i. Evaluating potential project impact through identification of PAPs through a socio-economic survey; ii. iii. iv. Identifying the categories of affected persons, regardless of nature of land ownership and/or title; Conducting inventory of the affected assets and livelihood activities; Preparing a list of potential project affected persons; v. Reviewing relevant Liberian laws and regulations concerning compensation and resettlement and comparing the same with the World Bank Safeguard Policy OP 4.12 on involuntary resettlement and proposing measures to bridge the gaps; vi. vii. Adapting a grievance redress measure to ensure accessible procedure to address grievance or settlement of dispute arising from the resettlement; Developing an implementation schedule covering all activities of the ARAP, including targeted dates for the achievement of expected benefits to those PAPs who need to be resettled; viii. Costing and budgeting for all ARAP activities; 4

18 ix. Developing the entitlement matrix, as well as recommending compensation for the PAPs; x. Developing a monitoring plan for the ARAP implementation, which will be undertaken by the implementing agency and an independent monitor; 1.5 Guiding Principles of the ARAP This ARAP has been prepared in full compliance with the Terms of Reference and Scope of Work issued by the Ministry of Health in June It also adheres to the World Bank OP 4.12 Involuntary Resettlement. The following principles were considered: i. Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, where it cannot be eliminated. ii. Where involuntary resettlement and land acquisition are unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs, providing resources to give PAPs the opportunity to share project benefits. iii. PAPs will be consulted and will participate in planning and implementing of the ARAP. iv. PAPs will be assisted in their efforts to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. v. Measures to address resettlement will ensure that PAPs are informed about their options and rights pertaining to resettlement, are included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives. They will also be provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project investments. vi. This ARAP applies to all PAPs regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Informal or customary tenure is to be treated in the same manner as formal, legal titles. vii. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line, the elderly, women and children, orphans, or other displaced persons who may not be protected through the Liberian law. viii. The compensation of the PAPs must be completed prior to the implementation of the project. 5

19 1.6 Structure of the Report This report provides the ARAP for the construction of the new Redemption Hospital in Upper Caldwell, Montserrado County, Liberia. The report has been prepared to cover the following: Chapter One: Introduces the project, location, objective, methodology and report structure. Chapter Two: discusses the potential project impacts and the mechanisms considered to avoid or minimize resettlement. Chapter Three: This Section reports on the socio-economic survey of the project area. The section also describes the project impacts on the PAPs and mitigation measures. Chapter Four: Presents the existing legal, policy, and institutional framework. The section presents the World Bank s policy requirements. Chapter Five: Provides the compensation framework, the criteria for determining eligibility and compensation of PAPs and the cut-off-date. Chapter Six: Outlines the proposed assistance to project affected persons. It discusses the methodology for inventory of loss, replacement cost study, inventory of loss, vulnerable groups and compensation/entitlement matrix. Chapter Seven: Shows the implementing agencies and their responsibilities Chapter Eight: Presents the RAP budget and time schedule for implementation. Chapter Nine: Discusses the public consultation and participation in preparing the ARAP and disclosure method. Chapter Ten: Outlines the redress mechanisms for aggrieved persons for peaceful resolution of possible grievances in connection with compensation and mitigation measures. Chapter Eleven: Discusses the monitoring and evaluation of the ARAP. 6

20 2.0 POTENTIAL PROJECT IMPACTS 2.1 Project Components that Gives Rise to Resettlement There is a demand of the project for the acquisition of land, so as to accomplish the following:- 1. Clearance of portion of the land, which will definitely lead to the demolition and removal of structures thereon; 2. Undertake earthwork within the cleared area to construct the new redemption Hospital an associated facilities; and 3. Construction of motor road and other infrastructure to service the new hospital. Such criteria force the design to unavoidably cross the proposed 35 acres of land in the Upper Caldwell area that have been claimed and occupied by people for residential purposes. 2.2 Anticipated Impacts Impact on Land: The Project-Affected Area The proposed project will have a serious impact on land due to the fact that approximately lots or acres of the 35 acres parcel of land earmarked for the construction of the new Redemption Hospital is owned and/or occupied by private citizens. A total of 74 land or structures owners were identified during the survey, which will unavoidably lose land or have their structures demolished so as to provide the space for the construction of the new redemption Hospital. The spectrum of impacts generally include:- 1. Loss of assets 2. Loss or limitation of access to the construction area during the construction phase. 3. Risks to users health and safety mainly due to the use of machineries, excavation trenches, materials and waste piles, noise, dust, etc. during the construction phase For land and structure owners, adequate compensation has been allocated to the persons who will surrender the easement of their properties for the implementation of the project Impacts on People and Livelihoods Census A comprehensive census of Project-Affected People and properties was undertaken during the preparation of this ARAP. The census included: 7

21 a. The conduct of inventory of all parcels of land in the Project-Affected area, including their measurement and identification of stakeholders (owners and tenants, as appropriate), b. The conduct of a census of Project-Affected People, including the administration of a socioeconomic questionnaire. Overview of the Results of the Census A total of lots or acres of land belonging to 74 PAPs will be affected by the proposed project. All of these PAPs will have to be relocated to allow for the implementation of the project Impact on Public and Community Infrastructure Roads The project will not adversely impact on the road network in the area. Instead, improved access will be realized in the project area which has a poor road infrastructure since the construction process will also ensure the construction of access to enable transportation to the new hospital. Graveyard There is no public or private graveyard within the project site that could be adversely affected. Religious Centers No church or mosque will be affected by the proposed project. Schools There are several schools near the project site. However, none of these institutions will be directly affected by the project in anyway Impact on Businesses The construction of the new Redemption Hospital at the proposed site will not affect any business as the area is primarily a residential area Impact on Cultural Sites There are no cultural sites like shrines etc. in the proposed project area. 2.3 The Mechanisms Established To Minimize Impacts The processes of avoiding or minimizing involuntary resettlement that would result from implementation of the project is the first and foremost priority that was considered in the preparation and implementation phases of this ARAP. Further, compliance with the World Bank Operational Policy on Involuntary Resettlement 4.12 (WB, OP4.12) require that steps are undertaken before and in the implementation stages of the project so as to mitigate the resettlement impacts on the livelihood of the affected population. 8

22 During the planning phase of this project, a larger portion of land was considered for the construction of the new Redemption Hospital within the Borough of New Kru Town. This would lead to the relocation of many persons in this congested community and spell far detrimental results against affected persons. Hence, the proposed project site in Upper Caldwell was considered. This new work space ensured that only 3 residences inhabited will be relocated, although 6 unfinished structure owners and several un-occupied land owners will not re-enter the project area. This is far less that the owners of structures that would have been affected had the new Redemption Hospital been constructed in the present location in New Kru This avoidance/minimization action drastically reduced the number of potentially likely PAPs. It is also envisaged that new opportunities for minimizing resettlement during the ARAP implementation are expected to arise and should be taken advantage of. Therefore, the project will maintain periodic updates of the information about the planned design of the project. The implementation phase of this project with need to manage the construction of the expansion within the area proposed or reduces said area when possible so as to avoid more clearing and demolition than anticipated. It must also be stated herein that during the conduct of the survey, some potential PAPs could not be identified because of their absence. (The detail is shown in Chapter 3.0) Though all of the parcels of land were identified and structures marked and considered for some form of compensation, it is imperative that consultation, communication and information exchange with PAPs be maintained and enhanced so as to locate those undisclosed or undetermined PAPs. At the conduct of a Stakeholder Consultation with affected persons, the PAPs selected some members to serve as liaisons with the project implementation team. It is important to mention that maintaining communication and consultation with the PAPs will be in the best interest of the project. Those liaisons should be regularly updated of the project so as to provide such information to the affected persons. They should also have access to monitoring data. 9

23 3.0 SOCIO-ECONOMIC BASELINE CONDITIONS A Socio-Economic Survey (SES) was conducted of the Project Affected Persons (PAPs), who are the owners of structures within the proposed project area. Fewer of the project affected households (PAHs) were interviewed for the purpose of gaining information on their situation and present living standards. Most of PAPs will lose their occupied land, while fewer will lose structures for which partial construction works have been done. Fewer will lose completed structures that have been occupied. The SES could not cover all of the possible PAPs because the survey team could not meet with majority of the PAPs because they do not reside at the site. They were identified from title deed presented for claims. 88 PAPs were recorded. The Resettlement Implementation Committee which will be established within MOH will have to follow up PAPs whose properties were identified by title deeds but did not show up for the SES. The items interviewed in the survey were basic demography, vulnerability of the people, income, household condition, preferred mode of resettlement, etc. The following discussion of the socio-economic characteristics of the consulted PAPs is based on a field survey conducted between September 2 and October 22, The RAP cut-off-date was set as August 11, Survey Methodology and Approach The socio-economic survey was conducted by qualified sociologists and socioeconomists that focused on collection of primary data on demographic characteristics, livelihoods, and housing conditions. The primary data sources used to describe the existing socio-economic situation are as follows:- Census of all project affected people; Household survey based on households that are to be directly affected by the project; Public/community consultations that provide qualitative data; and Inventory of affected assets in the area. Questionnaires were used to obtain census and socio-economic information of the affected people. The objective of the survey was to establish the magnitude of the project impacts on the affected households as well as establish an inventory of assets likely to be impacted. To ensure concise response, pre-coded multiplechoice questions were used during the interviews. The collected data were checked by a supervisor and edited for consistency, error and coding, both in the field and before data entry. 3.2 Population and Gender of the PAPs Residential settlement is the major undertaking in the project area. 88 PAPs were identified. 74 of the PAPs are owners of land and/or structures. 14 PAPs are dependents and also residents of the 3 structures occupied on the site. 10

24 Of the PAPs interviewed, 30% are aged between years, while 70% are aged between 32 and 65. Males are in the majority (65), while females make up the minority (23). The gender of PAPs is presented in Table 3-1 and Figure 3-1. Table 3-1: Gender of PAPs Gender Survey Report Male 65 74% Female 23 26% Total % Figure 3-1: Graph showing Gender of PAPs 3.3 Vulnerable Group Females in Liberia, who are heads of households, are disproportionately vulnerable due to lack of capital, wage differentials, bearing the responsibility for childcare/children upbringing and exclusion from or difficulties acquiring basic services. Hence, for the case of this report, females who are household heads and property owners are much more vulnerable in Liberia, as compared to males. Their vulnerability is also due to traditional and religious reasons. Also considered as vulnerable groups are disabled, indigenous person, child and the elder as structure head as defined by WB OP4.12. However, the study did not observe any such persons losing productive land by the project. As can be seem from Table 3-1 and Figure 3-1, 15 of the PAPs are female heads of households and considered vulnerable persons). 3.4 Livelihood and Income of PAPs Residential dwelling is the major activities undertaken in the area. Review of title deeds of PAPs shows that many purchased the land at prices that are not ordinarily afforded by majority of the population, 54% of whom are considered as living in poverty, according to a recent World Bank report on Liberia. It can be safely said that all 100% of the PAPs earn moderate or decent income according to Liberian standard to enable them purchase land and construct structures in the project area. However, due to uncontrolled expectation between MOH and the PAPs, PAPs interviewed were not opened in disclosing their incomes. 3.5 PAPs Preferred Mode of Resettlement All of the PAPs interviewed during the survey stated that they would prefer cash as their preferred mode of resettlement. Although the owners of several parcels of land were identified from title deeds and did not participate in the interview, it can be safely accepted that all 100% of the PAPs would prefer cash as the mode of resettlement. 11

25 3.6 Property in the Project Area There are a total of 74 property owners identified in the proposed project area. These owners laid claims to 76 parcels of land or structures as two (2) property owners are owners of two (2) structures each. Properties identified in the area are of several kinds. The majority of the PAPs are owners of un-occupied parcels of land. Some commenced construction of residences on the land, but did not complete due to having received notice of the project. Few are owners of completed structures and reside on the site with their families. Table 3-2 and Figure 3-2 show the property types in the project area. Table 3-2 Property Types in the Project Area Survey Nature of Structures Report Unoccupied Land 51 75% Unfinished Structures 19 17% Completed Structures 6 8% Total % Figure 3-2 Graph showing Property Types of PAPs. 3.7 Land Tenure and Title Deed of PAPs During the conduct of the survey and subsequent meetings held with the PAPs, 60 PAPs presented copies of title deeds showing that they own properties in the project area in fee simple title. 14 PAPs did not turn up, but diagrams on the title deeds presented indicate that they own parcels of land in the area. The title deeds presented by the PAPs could not be verified before the submission of this Report. Hence, the project proponent is advised to verify the authenticity of the deeds presented by the PAPs before the payment for land claimed. 3.8 PAPs Support for the Project and Time Period to Relocate The PAPs interviewed during the survey and in attendance at the stakeholders meetings were questioned as to their support for the project and willingness to move to allow for the implementation of the project. All 100% of the PAPs expressed high support for the project and also indicated that they are willing to move to another location or be resettled to allow for the project implementation. The PAPs who reside on the project site were also questioned as to what time period would be adequate for them to relocate from the area, after receiving compensation. The majority of the PAPs indicated that they could move within a period of six (6) months. PAPs with unoccupied land and those with unfinished structures will vacate the land immediately upon receiving compensation. The choice of the mode of compensation to PAPs in the project area is largely influenced by the fact that with compensation, they can acquire land in another area and construct their dwelling homes. This makes them most likely qualify for cash compensation for land and structures lost, and disturbance allowance. Table 3-3 presents a summary table of the ARAP. 12

26 Table 3-3: Summary Table of the ARAP Description Country County Type of Civil Work Liberia Montserrado Comment Construction of the new Redemption Hospital and associated facilities Total Number of Unoccupied Parcel of land 57 Total Number of Unfinished Structures 13 Total Number of Completed Structures 6 Total Number of Eligible PAPs 74 Total Number of PAPs 88 Total Number of Males 65 (59 land/structure owners, 6 dependents) Total Number of Females 23 (15 land/structure owners, 8 dependents) Number of Affected Community Sand Beach Community (Upper Caldwell) Number of Affected Public Utilities Graves Mosque/Church Schools Total Budget for Implementation of ARAP Two (2) community water wells none none none US$934,

27 4.0 LEGAL, POLICY & INSTITUTIONAL FRAMEWORKS The ARAP takes into account applicable existing legislations and policies within the context of Liberian Law. The ARAP draws on the Liberian Constitution of 1986, the Aborigine Law of 1956, Property Law of 1976, Revised Rules and Regulations Governing the Hinterland of Liberia (2001) and recent Land Right Policy (2013). Preparation of this ARAP also draws on the requirements of the World Bank Policies 4.12 Involuntary Resettlement and relevant social safeguard policies. 4.1 Legal 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 of Liberia 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. Article 24 provides for the expropriation of private property for public use; and sets the conditions upon which compensation can be made for said properties. County Act 1969 This Act instituted official distribution and demarcation of land boundaries in Liberia into political subdivisions known as counties. At the time of independence, there were only three counties in Liberia - Montserrado, Grand Bassa and Sinoe. Later, other counties along the coast were annexed and the regions in the hinterland were declared as provinces. However, by this Act, all of the political subdivisions were declared counties and territories. 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); 14

28 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 Revenue (now Liberia Revenue Authority) 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. Revised Law and Administrative Regulations for Governing the Hinterland, 2001 Article 66 of the RLARGH states that, title to the territory of the Republic of Liberia is vested in the sovereign state. The right and title of the respective tribes to land of an adequate area for farming and other enterprises essential to the necessities of the tribe main interest in the land to be utilized by them for their purposes; and whether or not they have procured deeds from Government, delimiting by notes and bounds such reserves, their rights and interests in and to such areas, are a perfect reserve and give them title to the land against any person or persons whomsoever. The article further states that when the tribe should advance, they should petition the Government for the division of the land into family holdings and the Government should grant deeds to each family in fee simple. Article 67 of the RLARGH states, among other things, that individuals not member of a tribe may enter a tribal land for the purpose of using said land. However, said person should obtain permission from the Tribal Authority prior to commencing his activities and agree to pay some token in the nature of rent. The Independent National Commission on Human Rights Act of 2005 This Act establishes the framework upon which complaint of the violation of the human rights of persons can be received and investigated. The Commission is authorized to review existing national legislations and recommend provisions to ensure that they are harmonized with international human rights standards and instruments. The Commission is also authorized to draw to national attention, the violation of the human rights of persons in any part of the country, including property rights. The Public Health Law Title 33 of the Liberian Code of Law Revised of 1976 This Act provides comprehensive legislation on matters relating to public health, including control of diseases, environmental sanitation and regulation of drug. Part IV regulates health standards and requires, inter alia, persons hired for specified public sector positions to undergo a medical exam. Part VII contains provisions governing the registration and licensing of health professionals and pharmacies. 15

29 The Public Health Law (Amendment) 2010 This Act creates a new Chapter 18 to the Public Health Law, which provides for the control of Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS). 4.2 Policy Frameworks Liberian Policies 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 longterm; 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. Land Rights Policy (2013) This Policy was formulated by the Lands Commission of Liberia after several years of operations and stakeholders consultations. The Policy provides recommendations for land rights in Liberia centered on four basic types of rights: Public Land, Government Land, Customary Land and Private Land. The Policy is a vision statement of where Liberians want to go with their land sector. The basic land rights principles fostered by the Policy are: The Government is responsible for administering and managing land within the territory of Liberia in the public interest; The Government recognizes and protects the land rights of communities, groups, families, and individuals who own, use, and manage their land in accordance with customary practices and norms as equal to Private Land rights; The Government recognizes and protects Private Land rights; The Government recognizes and protects the rights of the Government to own land. 16

30 National Health and Social Welfare Policy of 2007 The goal of this policy is to improve the health and social welfare status of the population of Liberia on an equitable basis by: (1) Increasing access to and utilization of a comprehensive package of quality health and social welfare services of proven effectiveness, delivered close to the community, endowed with the necessary resources and supported by effective systems; (2) making health and social welfare services more responsive to people s needs, demands and expectations by transferring management and decision-making to lower administration levels; and (3) making health care and social protection available to all people in Liberia, regardless of their position in society, and at a cost that is affordable to the Country. The underlying principle to this policy is that health is a state of complete physical, mental and social well-being, and access to quality health and social welfare services is a precondition for individual and societal development. National Health Policy and Plan 2011 to 2021 This policy builds on the 2007 version of the National Health Policy, the 2008 Governance Commission Report, the 2009 National Decentralization Policy, the 2009 National Social Welfare Policy as well as the 2011 Country Situational Analysis Report. It draws upon the knowledge gained by implementing the previously mentioned policies/reports as well as from numerous sources of new data about the status of the Liberian population. Thus, the Ministry of Health is confident that this policy s orientation is evidence-based and reflects the best information and guidance available at the time it was developed. The policy establishes that the health sector can become more effective by: a. Improving the timely access to high-impact, evidence-based interventions and strengthening referral between all levels of the system; b. Increasing the utilization of services by improving the population s careseeking behavior, the quality of care and the availability of essential drugs and equipment; and c. Improving the coherence between strengthening the existing workforce, producing additional workers with the right skills mix, deploying according to service delivery needs and retaining skilled providers where they are most needed. The policy also deduced that the health sector can become more efficient by: a. Allocating resources among counties according to equitable criteria and optimally distributing resources to health facilities according to population size, utilization and workload; b. Improving the coordination of all efforts to support health and social welfare services, eliminating duplication and minimizing gaps; and 17

31 c. Creating a culture at all levels of the system that values and strives to do more for the population within existing levels of resources World Bank Group Safeguards Policy The World Bank s social safeguard policy seeks to prevent and mitigate potential adverse impacts associated with the Bank s lending operations that may adversely affect people and their environment. The construction of the new Redemption Hospital triggers the World Bank OP WB OP 4.12-Involuntary Resettlement The objective of the Bank s resettlement policy is to ensure that population displaced by a project receives benefits from it. The policy has the following key objectives: To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population displacement is unavoidable, exploring all viable project designs. Particular attention must be given to socio-cultural considerations, such as cultural or religious significance of land, the vulnerability of the affected population, or the availability of in-kind replacement for assets, especially when they have important intangible implications. When a large number of people or a significant portion of the affected population would be subject to relocation or would suffer from impacts that are difficult to quantify and to compensate, the alternative of not going ahead with the project should be given a serious consideration; To ensure that displaced people receive resettlement assistance, preferably under the project, so that their standards of living, income earning capacity, and production levels are improved; To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts of displacement and resettlement and establish sustainable economy and society; and To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly implemented resettlement plans. Community participation in planning and implementing resettlement should be encouraged. Appropriate patterns of social organization should be established, and existing social and cultural institutions of re-settlers and their hosts should be supported and used to the greatest extent possible. Re-settlers should be integrated socially and economically into host communities so that adverse impacts on host communities are minimized. The best way of achieving this integration is for resettlement to be planned in areas benefiting from the project and through consultation with the future hosts. Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary 18

32 rights to the land or other resources taken for the project. The absence of legal title of land by such groups should not be a bar to compensation. According to World Bank s IRP, the resettlement plan should include measures to ensure that displaced persons are: Informed about their options and rights pertaining to resettlement; Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; Provided prompt and effective compensation at full replacement cost for losses; Provided assistance (such as moving allowances) during relocation; and 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 old sites. 19

33 4.3 Comparative Analyses between Liberian Legislations & World Bank Safeguard Policies. The Table below shows the comparison between the Liberian legislations and World Bank Operational Policy Table 4-1: Comparison between Liberian Legislations and World Bank Policies Theme Liberian Legislation World Bank Policy OP.4.12 Mitigation Measures Categories of affected individuals There is no distinction between affected individuals. Land owners, land tenants, land users, owners of buildings, and owners of perennial crops are all grouped together and treated likewise. There are no separate provisions especially for vulnerable classes of people. Involuntary Resettlement should be avoided where feasible, or minimized. Particular attention should be given to vulnerable groups Displaced persons should be assisted to improve their livelihoods and standards of living or at least to restore them to pre-project levels. Project should be designed to distinguish between classes of affected individuals and this should be taken into consideration in awarding compensation. Impacts Addresses only direct physical impact of acquiring land. Socio-economic considerations are not given priority. Compensation should involve direct economic and social impact cause by acquisition. It is not required to cover indirect social or economic impacts, but it is good practice for the project proponent to undertake social assessment and implementation measures to minimize adverse impacts, particularly to poor and vulnerable groups Design project to take socio-economic issues into consideration in determining compensation. Grievance Redress for Property Acknowledges rights to acquisition, possession and protecting property. Supports persons whose rights have been tampered to seek redress through the judicial system. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of community and traditional dispute settlement mechanisms Formulate a Grievance Redress Committee to utilize alternate dispute resolution method to resolve grievances of PAPs. Compensation & Participation Affected persons are to be informed before repossession of land. However, there is no provision on the notice period, neither is there a distinction between farmed land, nor developed land. Affected persons should be: Informed in a timely manner on their options and right pertaining to resettlement Offered choices among, and provided with technically and economically feasible resettlement alternatives Provided with timely and relevant information to host communities receiving resettlers. Adequate communication between government agencies and affected individuals well ahead of scheduled period of repossession. 20

34 Eligibility for compensation & benefits Compensation is restricted to individuals having a legal title to affected land or property The absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or other resettlement assistance Design project to extend compensation (social and economic) to individuals who do not have legal title to property Monitoring & Evaluation External evaluation is not required Internal monitoring and external evaluation are required Design project to involve third party in assessment of compensation to be paid. In case of conflict between the Liberian Regulations and World Bank policies during the implementation of this ARAP, the World Bank Policies will prevail. 4.4 INSTITUTIONAL FRAMEWORK The major stakeholders related to the construction of the new Redemption Hospital are as follows:- 1. The Ministry of Health (MOH) 2. The Environmental Protection Agency (EPA) 3. The Center for National Documents & Records Agency (CNDRA) 4. The Township of Caldwell 5. The Caldwell-New Georgia-Louisiana Development Association The following is a description and main characteristics of major entities responsible for the implementation of the ARAP. Ministry of Health (MOH) MOH has the statutory responsibility to manage the health sector of the country. The construction of the new Redemption Hospital will be under the supervision of the ministry. The Ministry has a Project Implementation Unit (PIU), charged with the implementation of civil projects on behalf of the Ministry. The ministry is the primary governmental entity responsible to coordinate with the PAPs, other line ministries/agencies and related organizations in th implementation of the Project. Environmental Protection Agency (EPA) The EPA is responsible for monitoring, coordinating, and supervising the sustainable management of Liberia s environment. It is mandated to ensure the conduct of EIA/RAP for projects and programs that are likely to have significant adverse effects on the environment and people. The EPA is required to issue permit for all major project, like the construction of the new Redemption Hospital, that is likely to have adverse environmental impact or impact to land occupants. The Center for National Documents & Records Agency (CNDRA) The CNDRA, or National Archives as it is called for short, is responsible for the recording and storage of all national documents and records. The agency is mandated by law to record and store all title deeds and other legal documents pertaining to law. The agency will therefore verify the authenticity of all title deeds submitted by PAPs, to establish their ownership to land in the project area. 21

35 Township of Caldwell The Township of Caldwell is a municipal township in Montserrado County and has municipal control over portion of the project area. In fact, the township claimed to have provided the land for the construction. The Commissioner of the township is participate in the implementation of the ARAP to ensure the interest of the government and residents on the project area are protected. The Caldwell-New Georgia-Louisiana Development Association This is a community-based organization founded in the Caldwell-New Georgia- Louisiana communities. The organization seeks to ensure the welfare of its members, whose are residents of the three (3) communities. The organization will act as external monitor for the implementation of the ARAP. The Affected PAPs Committee At a Stakeholders Consultation of affected persons, the PAPs established a committee for the purpose of engaging with MOH in ensuring that the ARAP is implemented for the benefit of affected persons. The committee will serve as liaison between the implementers of the ARAP, the External Monitor and the PAPs. 22

36 5.0 COMPENSATION FRAMEWORK 5.1 Key Principles The key principles committed by the ARAP are as follows: That resettlement and compensation of Project Affected Persons will be implemented in accordance with the Liberian legislation and World Bank s Safeguard Policy on involuntary Resettlement OP That economically displaced persons will be compensated for their losses of livelihood. That the ARAP implementation and outcomes will be monitored and evaluated as part of a transparent process. That PAPs will be informed and consulted during the whole course of the ARAP development, implementation and evaluation. The ARAP aims to ensure that all PAPs are compensated or assisted for their losses and provided with rehabilitation measure to assist them in their efforts to improve or, at least, maintain their pre-project standard of living. PAPs are those who are affected by the involuntary taking of land resulting in the relocation or loss of land and/or structures on the land. 5.2 Criteria for Determining Eligibility and Entitlement of PAPs All persons owning vacant and/or land with structures in the project area at the Cutoff-date, which is the first day of inventory of losses, will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows: persons who have formal legal rights to land (including fee simple or squatter rights recognized under Liberian law); those with temporary or leased rights to use of the land; and persons who do not have formal legal rights to lands or other assets at the time of the cut-off date, but who have claim such legal rights by virtue of occupation or use of those assets. WB OP 4.12 requires compensation for lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihood. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance. PAPs affected through loss of residence/structures are entitled to a combination of compensation measures and resettlement assistance, depending on ownership rights and lost assets. PAPs will be entitled to compensation and resettlement 23

37 assistance that will help in the restoration of their livelihoods to at least pre-project standards. During the conduct of socio-economic survey for the affected area, 88 PAPs were identified and recorded and recommended as eligible for compensation. However, several PAPs were known to stay away from this exercise and did not turn up for interview during the survey neither during the follow-up consultation thereafter. It will therefore be the responsibility of the ARAP Implementation Committee to properly identify these PAPs, who are also eligible for compensation. 5.3 Cut-off-Date The Cut-off-date for this ARAP was August 11, 2016 which was the date of commence of activities for the conduct of census and inventory of loss of persons in the project area. It can be read in the Notice of Intent for the project published in the Daily Inquirer Newspaper on that date, as shown in Appendix 1. After the Cut-offdate, any entry or encroachment in the project area for the purpose of occupying same will not be recognized as the target for resettlement and compensation. Inventory of loss and the Cut-off-date in this pre-project period (ARAP preparation period) were conducted and set as preventive actions to avoid further illegal encroachment within the project area. It should be stated herein that the inventory of loss of asset of PAPs is not the final list of affected property for compensation as several structure owners identified during the survey were not interviewed. The structures were however assessed, but the owners were not available to agree on the amounts determined. The Cut-off-date was subsequently re-confirmed in the stakeholders consultation that followed during the preparation of this ARAP. Those who do not have legal title to the land but resided on the affected area before the Cut-off-date will be compensated for properties such as structures and other investment on the land, but will not be compensated for the land. To achieve the objectives set in this ARAP, persons who are claiming title to the project affected area after the Cut-off-date will not be entitled to compensation or any form of assistance. 24

38 6.0 DESCRIPTION OF RESETTLEMENT ASSISTANCE AND COMPENSATION PROCEDURE. 6.1 Valuation of Assets The World Bank guidelines for resettlement were adopted in the formation of compensation valuation. Thus, lost income and assets will be valued at their full replacement cost; PAPs will not experience any net loss. The Compensation Committee will apply the following principles in valuation and compensation payments: houses and properties, including such physical assets are valued on the basis of full replacement costs; and all structures will be compensated at a value no less than its full replacement value. Existing methods used by the Liberian Revenue Authority (LRA) Real Estate Division were used for asset valuation. This entails costing for the building materials, labor and applying depreciation factors. Since this current effort of relocating the residents is more humanitarian than legal, the deduction of depreciation did not apply as it would leave the buildings with no marketable value and the owners would go uncompensated, thereby increasing their poverty level. 6.2 Modes of Compensation The Ministry of Health intended to compensate according to the following three options: (1) cash compensation, (2) replacement of land, or (3) cash compensation plus replacement of land. As deduced from the socio-economic assessment and stakeholder meetings held, all of the PAPs prefer cash compensation. Cash Compensation Cash compensation will be paid to landowners/structure owners and users, as appropriate. In line with the World Bank s Guidelines, cash compensation is appropriate (a) where land is not the preferred settlement option of the affected persons; (b)where livelihoods are land based but the land taken for the project is a small fraction of the affected asset and the residual is economically active; (c) where active markets for land, housing, and labor exist, and where displaced persons use such markets and there is sufficient supply of land and housing; or (d) where livelihoods are not land based. After due negotiations with land and/or structure owners or users, MOH will provide cash compensation for loss of non-moveable assets if preference is given for this form of compensation. 6.3 Resettlement and Other Assistances Property demolition typically requires compensation for structures, as well as other assistance in order to mitigate the adverse consequences that affect people and communities when they give up property for public good. The form of resettlement acceptable to the PAPs for land and/or structures is monetary compensation to enable them relocate. The method of valuation for the structures is based on fair prevailing market value. This ARAP intended compensation according to the following three options: (1) cash compensation/financial assistance, (2) replacement, or (3) combination of the both. 25

39 All of the PAPs who responded to the socio-economic survey prefer cash compensation. (a) People owning the land, but no structure PAPs who own land without structure will be compensated at full replacement value for the land. (b) People owning land and structures PAPs who own the land and structures will be compensated at full replacement value for the both the land and structures. Such PAPs will receive adequate compensation to ensure the relocation of the structures to another location. (c) People owning structures but not the land PAPs who own structures but not the land will be compensated at full replacement value for the structures. In addition, structure owners will also receive Disturbance Assistance and Relocation Assistance as additional assistances depending on structure types. (d) Vulnerable groups In this Project, vulnerable group consists of only female who are single parent and headed households. In addition to other compensation that will be due them, they will receive US$ per person. This was determined on a case-by-case basis. 6.4 Unit Cost Per Parcel of Land From the conduct of the survey, it was determined that all of the PAPs would loss land. Further, all of the PAPs indicated their preferment for cash compensation for their land. This position is further strengthened by the fact the GOL lacks vacant land to provide the PAPs as replacement. An assessment was conducted for the cost of a lot (82.5 ft. x 132 ft. or 0.25 acres) in the suburbs of Monrovia and it as determined as said parcel of land will cost approximately US$3, Fewer PAPs will also loss structures on the land. The structures are at various levels from foundation level, lintel level to completed and inhabited structures. The values of the structures were determined at fair and prevailing market values. 6.5 Compensation and Entitlement Matrix The clearance of the proposed project site to provide space for the reconstruction of the new Redemption Hospital will adversely affect the livelihood of persons who own land, live, work or earn their living from the proposed area. Before the commencement of the project, there need to be in place a mechanism for compensation of direct PAPs to avoid difficulties that will result due to loss of residents or livelihood within the affected area. For the purpose of the ARAP, the affected persons can be adequately defined as follows:- Persons who have a right to land in the area; Persons who have right to structures (owners of buildings) in the area; 26

40 Persons who use the structures or persons whose occupation or habitat are adversely affected; or Persons whose standards of living are adversely affected as a consequence of resettlement activities. Therefore, all those persons who are affected regardless of their legal status concerning the affected area and who were captured in the socio-economic survey by the Cut-off date of August 11, 2016 will be considered as PAPs. Table 6-1 shows the Compensation and Entitlement Matrix for PAPs. Table 6-2 shows the complete listing of the PAPs, the nature of property loss, assessed values, other assistance and totl payments to be received. Table 6-1: Compensation and Entitlement Matrix for PAPs Entitlement Entitled Persons # Type of Loss (Compensation Implementation Issues/Guidelines (Beneficiaries) Package) Responsible Organization 1 Loss of Land Legal Owners of Land 2 Loss of Structures 3 Loss of Land and/or Structures Owners of Structure Vulnerable Persons Replacement Cost A) Assessment of quantity and quality of land. B) Assessment of Market Value C) Assessment of Cash Compensation D) Updating of titles of the affected persons. E) Payment of Cash Compensation F) Affected Persons will be fully informed of the entitlements and the procedures regarding payments. G) Advance notice to vacate. Replacement Cost A) Assessment of quality of structures. B) Assessment of Market Value C) Assessment of Cash Compensation D) Payment of Cash Compensation E) Affected Persons will be fully informed of the entitlements and the procedures regarding payments. F) Additional assistances such as transportation, etc. G) Advance notice to vacate. Special Measures and Assistance A) Assessment of Loss B) Assessment of Assistance C) Payment of Cash Assistance D) Affected Persons will be fully informed of the entitlements and the procedures regarding payments. E) Additional assistances such as transportation, etc. F) Advance notice to vacate. GOL/MOH GOL/MOH GOL/MOH 27

41 Name of Principal Contact Nature of Size of Assessed Value Assessed Value Assistance to Relocation Total No. Last Name First Name Gender Property Loss Kind of Structure Property (Lots) of Land of Structure Vulnerable Persons Assistance Payment 1 Kemah Harrison K. Male Un-occupied Land , George Hannah O. Female Unfinished Structure Foundation - ground level , Sesay Mohammed M. Male Unfinished Structure Structure at lintel level , Gbolokai Sackie M. Male Un-occupied Land , Walker Gibson P. Male Completed Structure Concrete blocks - single storey , Sambola, Jr Kemo K. Male Completed Structure Concrete blocks - single storey , Dukuly Evans M. Male Unfinished Structure Structure at roof level , Lama Catherine Female Completed Structure Concrete blocks - single storey , Siakeh Michael S. & Hawa F. Male Completed Structure Concrete blocks - single storey , Choloply Austin N. Male Unfinished Structure Structure at window level , Tegbeh Ishmeal Male Un-occupied Land , Marvolo Aaron & Kaibeh Male Un-occupied Land , Kamara Patrick N. Male Un-occupied Land , Kollie Moses T. Male Un-occupied Land , Saba Francis S. Male Unfinished Structure Foundation - ground level , Coleman J. Ansu Male Un-occupied Land , Clark Garded Male Un-occupied Land , Woods Ruth E. & Morris Female Un-occupied Land , Monger Adolphus Male Unfinished Structure Structure at roof level , Ford Rev. Edward F. Male Un-occupied Land , David Tuma Female Un-occupied Land , Nyumah Divine Male Un-occupied Land , Mipphell Shinel S. Female Un-occupied Land , Lomax Stanley S. & Catherine Male Un-occupied Land , Saah Victor Male Unfinished Structure Structure at roof level , Sheriff M. Abba Male Unfinished Structure Fence - concrete , Trawally Kabah Morris & BenduMale Un-occupied Land , Freeman Toe Elton Male Un-occupied Land , Wehyee Lataye Male Un-occupied Land , Wehyee Mary M. Female Un-occupied Land , Wehyee Rufus Male Un-occupied Land , Nyenkan Doris & Chinkwendu O Female Un-occupied Land , Blay Dorothy Female Un-occupied Land , Roberts Joseph & Evelyn Y. Male Un-occupied Land , Sheriff Mawah F. Female Unfinished Structure Concrete blocks - single storey , Fahnbulleh Abraham Male Un-occupied Land , Kolleh Olivia D & Fitzgerald G Female Un-occupied Land , Tokpah May Female Un-occupied Land , Vambarm Michael G & Mary M. Male Un-occupied Land , Paul Augustine Male Un-occupied Land , Sylla Mustapha Male Un-occupied Land , Wehyee Lucy Female Un-occupied Land , Tiah Dexter Male Un-occupied Land , Flomo Elijah & Frances Male Un-occupied Land , Capehart Advertus Male Un-occupied Land , Siaffa John, Thomas & FarmaMale Unfinished Structure , Manbu Bintu Female Unfinished Structure ,778.00

42 Name of Principal Contact Nature of Size of Assessed Value Assessed Value Assistance to Relocation Total No. Last Name First Name Gender Property Loss Kind of Structure Property (Lots) of Land of Structure Vulnerable Persons Assistance Payment 48 Johnson Sekou G. Male Un-occupied Land , Bah Mohamed Unisa Male Unfinished Structure Structure at lintel level , Logan Matthew Male Un-occupied Land Jalloh Abu Bakar Male Un-occupied Land , Massaquoi Dominic & Famata Male Un-occupied Land , Paye Etta & Arthur F. Female Un-occupied Land , Freeman Manxco & Matu Male Un-occupied Land , Sheriff Bintu Female Un-occupied Land , Potter Urias Male Un-occupied Land , Blayee Marcus D. & Winifred Male Un-occupied Land , Jalloh Ousmane Male Un-occupied Land , Sylla Mustapha Male Un-occupied Land , Willie Philip B. Male Un-occupied Land , Katiah David N. Male Completed Structure Concrete blocks - single storey , , Sesay, Jr. Isaiah A. S. Male Unfinished Structure Foundation - ground level , Kamara Ahmadu & Isata Male Unfinished Structure Structure at lintel level , Kamara Mohammed, Samuka &Male Unfinished Structure Structure at lintel level , Kamara Abraham Male Unfinished Structure Structure at lintel level , Birch Nathan & Venus MassaMale Un-occupied Land , Charlie John Male Un-occupied Land , Fahnbulleh Sam Male Un-occupied Land , Dakannah James Male Un-occupied Land , Harris Trokon & Rose Male Un-occupied Land , Fahnbulleh Boima & Bernice RichaMale Un-occupied Land , Sesay Abraham S. Male Unfinished Structure Structure at lintel level , Bottomley Siafa Male Unfinished Structure Foundation - ground level , Boko Henry C. Male Un-occupied Land , , ,

43 7.0 ARAP IMPLEMENTING INSTITUTIONS AND RESPONSIBILITIES The implementation of this ARAP will involve relevant institutions with mandates on the infrastructure, environment and implementation of the project. These institutions will include (1) MOH; (2) EPA, (3) CNDRA, and (4) CNGLDA. However, the Environmental and Social Safeguard Unit of the Ministry of Health will take the lead in the overall conduct of this exercise. Although a well-defined organizational structure exists within the MOH, there is a need to further strengthen its capacity for impact mitigation, monitoring and evaluation. The respective roles of the institutions involved in implementation of the ARAP are as follows: Environmental and Social Safeguard Unit of MOH: This unit within the MOH will coordinate and supervise all activities for the implementation of the ARAP. The legal officer of the ministry will collaborate with this unit and ensure that all legal issues are addressed. For effective implementation of this ARAP, the Environmental and Safeguard Unit should recruit such staff to ensure the smooth implementation of the ARAP. The environmental and social safeguard unit will: Ensure that MOH complies with all applicable national and World Bank policies; Liaise with other government agencies and prepare periodic monitoring reports; and Monitor ARAP implementation. Environmental Protection Agency (EPA): The EPA will be responsible to assess the environmental and social suitability of proposed actions including choice of resettlement areas and benefits to affected persons. The EPA issues permits for all projects that have adverse impact on the environmental, including social components associated with such projects. Center for National Documents & Records Agency (CNDRA): This agency of government will be responsible for the authentication of land deeds submitted by the PAPs. Caldwell-New Georgia-Louisiana Development Association: The association will play a monitoring role and ensure that benefits due the affected persons and paid in a timely manner and other measures relating to PAPs are adhered to, including time for relocation. Figure 7-1 shows a matrix of the key implementing institutions for the ARAP, while Table 7-1 shows their function(s) during the implementation process. Ministry of Health Environmental and Social Safeguard Unit Environmental Protection Agency Center for National Documents & Records Agency Caldwell-New Georgia-Louisiana Development Association 30

44 Table 7-1: Key Implementing Institutions and their function(s) Institution Responsibility(ies) Ministry of Health (Coordination (planning & implementation /Environmental & Social process); Budget allocation for project; Safeguard Unit Monitoring & Evaluation Environmental Protection Agency Ensure that the social and environmental policies and guidelines are followed Center for National Documents Verify the authenticity of land title deeds & Records Agency Caldwell-New Georgia- Louisiana Development Association submitted by the PAPs. Monitor compliance of the ARAP, relative to issues affecting PAPs. 31

45 8.0 ARAP IMPLEMENTATION BUDGET & SCHEDULE. 8.1 Budget for the Implementation of the ARAP PAPs who will be affected by the construction of the new Redemption Hospital in Upper Caldwell include people who own vacant/unoccupied land, some who commenced construction but did not complete the structures; and yet some who completed their structures and are residing thereon with their families. The PAPs claim to be legitimate owners of land within the project area by virtue of having exhibited title deeds. These PAPs are therefore entitled to compensation for the loss of land in accordance with WB OP PAPs are also entitled to improvement made to the land in term of construction; as well as to resettlement assistance if they occupied the project area before the established cutoff date. Vulnerable persons, female-land owners in the case of this Project, will also receive some form of compensation. The values presented assume standard structures to comply with the requirement of the provisions of WB OP4.12 which outline that these PAPs should be assisted to improve their standards of living or at least to restore them to their pre-displacement levels. The total cost for compensation and resettlement of PAPs for land and structures in the affected area amounts to US$876, The cost for unoccupied land is US$237, There is no cost for loss of business income. The cost for land and unfinished structures is 379,985.59; while the cost for land and completed structures is 255, Additional top-up was provided to particular groups of PAPs. This included Relocation/Transportation Allowance of US$ for three (3) PAPs who reside on the project site with their families; and Assistance to Vulnerable Persons of US$2, which was granted to female PAPs who are single parent and heads of households. The cost for the administration, implementation, monitoring and evaluation is US$31, The details of budget for this ARAP implementation are shown in Table 8-1 below. Implementation of this ARAP will be financed by GOL, through the Ministry of Health (MOH). Compensation will be paid directly to the affected parties by the ARAP Implementation Committee. Appropriate mechanism will be put in place to ensure timely flow of funds for the ARAP activities. Table 8-1 presents budget estimates for costs associated with different phases of the ARAP, including compensation, implementation, monitoring and evaluation. 32

46 Table 8-1: Budget for the Implementation of the ARAP. No Item Q ty Estimated Cost Source of Funding Compensation for Affected Land and Structures 1 Un-occupied/vacant land , GOL/MOH 2 Land and Unfinished Structures , GOL/MOH 3 Land and Completed Structures 5 255, GOL/MOH Sub-Total (= A) 873, Compensation and Other Assistance 4 Relocation Assistance (USD250 per household GOL/MOH presently residing on the project site. 5 Assistance to Female Household Heads - Vulnerable 15 2, GOL/MOH People (USD150 per female landowner) Sub-Total (= B) 3, Total (C = A + B) 876, Administration, Implementation, Monitoring and Evaluation 6 In-country Disclosure of ARAP L.S 1 2, GOL/MOH 7 ARAP Implementation Logistics and Administration L.S 1 3, GOL/MOH 8 Cost for ARAP Implementation Committee L.S 1 5, GOL/MOH 9 Capacity Building of Grievance Redress Committee L.S. 1 4, GOL/MOH 10 Grievance Mechanism Re-assessment of Properties L.S. 1 8, GOL/MOH 11 Grievance Committee Administration L.S. 1 6, GOL/MOH 12 External Monitoring L.S 1 3, GOL/MOH Sub-Total (= D) 31, Contingency (E = 2.5% of C)* L.S 1 21, Grand Total (F = C + D + E) 928, Remark: *: Contingency includes inflation rate and other unpredictable cost. The total amount of Nine Hundred Twenty Eight Thousand Nine Hundred Forty Eight United States Dollars and Seventy Eight Cents (US$928,948.78) is required for the implementation of this ARAP. Of this amount, US$876, will be paid directly to PAPs. The remaining amount is intended for supervising the implementation of the ARAP, grievance redress, monitoring and evaluation. It will also cover those additional costs or payments that may be due PAPs and not covered during the assessment of the survey data. During the internal review process, all PAPs will be provided with a census registration card that will make them eligible for payment, and serve as a means of identification. PAPs will be obliged to present a copy of their cards during payment. Notification of compensation will include locations where payments will be made, amount to be paid, the time and date of payment as well as the beneficiaries of such payments. 33

47 8.2 Schedule of Implementation of the ARAP The processes of sensitization and awareness in s timely manner are considered crucial for the implementation of this ARAP. For this to happen there shall be sufficient time for the PAPs to receive timely notices to allow them to salvage materials from their present structures or move to other locations. The Schedule of Implementation proposed for this ARAP is presented as an initial one and should be revisited and revised as program items have been implemented. This will be the responsibility of the ARAP Implementation Committee. This ARAP is planned to be implemented over a period of nine (9) months. All PAPs are expected to be fully compensated within the first two (2) months. PAPs who are only land owners are expected to vacate the property immediately upon receiving compensation. Owners of unfinished structures are expected to vacate within one (1) month after receiving payment. Owners of completed structures and residing on the site are expected to vacate within six (6) months after receiving payment. The plan also takes into account important variables such as resolution of conflicts and grievances during the entire duration of the RAP implementation.. The proposed Implementation Schedule is presented in Table 8-2. Table 8-2: Proposed Schedule of Implementation for the ARAP. Action Approval of Draft RAP Confirm Assets Handling Grievance Payment of Compensation Relocation of PAPs Vacation/demolition/removal of structures Internal Monitoring External Monitoring Post-evaluation Year 2016 Year 2017 M10 M11 M12 M1 M2 M3 M4 M5 M6 Compensation Process Confirmation of Assets Register At the beginning of the implementation phase, the Assets register will be crosschecked on the ground by MOH to ascertain the final list of PAPs and the status of their assets. The final Assets Register will then be assembled and contracts and/or releases issued to all PAPs. 34

48 Sensitization / Counseling for PAPs Liberia is replete with people who squandered entire proceeds from compensation/ terminal benefits or even credit and ended up destitute and miserable. This normally is associated with ignorance and shock reaction to exposure to apparently huge amounts of money instantly. To forestall such incidence in the case of the Project, the MOH will conduct counseling sessions for all PAPs to empower them cope with the expected proceeds. Indeed, this ARAP recommends that as part of the training, each PAP will be assisted to develop a budget for the expected payment. Finalization of Contracts/Release and Signing of Contracts/Release After finalization of the assets register, MOH will compute the final compensation sum and adjust the payment for inflation and other processes. Based on the finalized listing, contracts/releases will be issued to PAPs who will sign their approval. Within this contract/release, each PAP will undertake to remove affected assets within one to six months of accepting payment. Release of Checks MOH will then arrange a schedule for release of checks on a location basis. Account Payee checks will be released publicly to each respective PAPs. The process will be repeated until all PAPs have received their monies to usher in the next phase. Removal of Economic Assets In line with the Contract for compensation, each PAP will be expected to remove their assets or vacate the project area. PAPs claiming ownership to vacant land without any structure will be required to vacate the project area immediately after receiving payment. PAPs with unfinished structures will be required to vacate the project area within one (1) month after receiving payment. PAPs who are residing in finished structures will be required to vacate the project site within six (6) months after receiving payment. PAPs may be allowed to savage what economic assets that may be movable. 35

49 9.0 PUBLIC PARTICIPATION AND DISCLOSURE 9.1 Notice of Intent for the Project The Environment Protection and Management Law (EPML) of Liberia require a formal notification before a project that is likely to cause environmental or social impact commences. Hence, at the start of the process, a full public awareness campaign was launched. The Notice of Intent for the project was published on August 11, 2016 and August 18, 2016 respectively in the Daily Inquirer Newspaper. Announcement for the project was also placed on flyers and disseminated in the project area, as well as individual letters given to PAPs who were identified and receptive. The different notices were meant to inform the PAPs and stakeholders of the initiation and progress of the project and soliciting their fullest support and cooperation for its success. The public was also notified to desist from further occupying the project area during or after the commencement of the socio-economic survey for the project. The publications in the Daily Inquirer and flyer notice are presented as Appendix Socio-Economic Survey A socio-environmental survey was conducted within the project area. The purpose of the survey was to identify all land owners, structures and potential PAPs within the project area. Every structure was marked and indicated as to its nature, which was mainly commercial. The name of the principal owner of land and occupants of each structure was recorded, along with a contact detail. Photos of the structures were taken, as well as a geographic coordinate. The type of structure was indicated, as well as information as to the nature of ownership of the land. Each of the structure for which the study team was granted access to was assessed by qualified property valuators. Occupants were requested to express their intention for the project, as well as concerns they may have. The total numbers of occupants of each structure were recorded. The sample form used for the socio-economic is presented in Appendix Stakeholders Meeting(s) The PAPs and other interested stakeholders were invited to several Stakeholders Meetings so as to ensure their participation in the ARAP process. The stakeholder meetings were held on September 3, October 8 and 22, 2016 respectively at the Elizabeth Tubman Memorial Institute (ETMI), near the project area. At the meeting of September 3, 2016, several communication tools were used to inform PAPs of Project components and process. The concerns of the PAPs were solicited. Information on the project was disclosed to the PAPs. The details of entitlement matrix were also discussed with the PAPs. Consensus was also obtained from PAPs. And at the end of said meeting, the PAPs constituted a committee to engage and collaboration with the ARAP Implementation Committee. 36

50 The Minutes, attendances and photos of participants at these meetings and PAPs Committee listing are presented in Appendix 5. The Stakeholders Meetings of October 8 and 22, 2016 were mainly for the purpose of disclosing the findings of the ARAP with the PAPs and compensation and assistance to be received. 9.4 Perception of Impacts of the Project by PAPs Although claimants to the land or structures on the proposed site are generally receptive of the new hospital construction, many expressed concerns over loss of land, homes and livelihood. Worries were also expressed over the possibility of inadequate compensation and notice from the authorities in charge of relocation. Most people were doubtful about receiving adequate or any compensation, thus being made worse off than they were before the project. The most important issues over which all PAP raised concerns were compensation for affected assets and restoration of livelihoods. 9.5 Stakeholders Involvement in ARAP Preparation Amongst other issues discussed with the PAPs and other stakeholders in the stakeholder meeting, PAPs were notified of the details of the project. PAPs were informed that they will have to be resettled to allow for the implementation of the project. They were also informed of the results of the socio-economic and inventory of loss surveys. The participation of the PAPs in the entire process was welcome. All of the PAPs recognized that the implementation of the project would be for the benefit of the nation and people. As such, they promised to make the needed sacrifice to ensure that the project became fruitful. The major points raised by the PAPs are as follow:- 1. That they need to be adequately informed of all aspect of the project, before relocation. 2. That they be given just compensation for the demolition of their structures. 3. That structure owners be given sufficient time to vacate the project area, after the receipt of compensation. 4. That they wish to form a committee to collaborate with the ARAP Implementation Committee. The opinions of the PAPs were considered in the preparation of this ARAP. Also, the concerns of the PAPs were also considered in formulating the Implementation Plan of the ARAP. It was agreed that all PAPs will be given compensation and time to vacate the premises, before demolition of structures and commencement of the new hospital construction work. 37

51 9.6 Future Consultations Plan GOL, through MOH, has the responsibility of conducting future public consultation and disclosure plans. The goal of the plan will be to improve decision-making through dialogue with individuals, groups and organizations having legitimate interest in the project. These will be held prior to the payment of compensations to the individual PAPs. They will be notified about compensations due them and where to collect the compensation. They will also be notified of the start date of civil works relative to the project. 9.7 Disclosure of ARAP Document The ARAP for the Project will be disclosed in Liberia by the Environmental and Infrastructure Implementation Units of the Ministry of Health (MOH) and EPA. Summary of the ARAP will be published in the major newspapers and also hosted on the MOH website. Copies will also be disclosed at the Commissioner Officers in Caldwell, Montserrado County, where the project is being undertaken. The MOH will also authorize the World Bank to disclose this ARAP electronically through its infoshop. 38

52 10.0 GRIEVANCE MANAGEMENT AND REDRESS Grievances are issues, concerns, problems, or claims, be it perceived or actual, that a PAP wants the project proponent to address or resolve. The PAPs will certainly have concerns that they would wish to be resolved. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexibility and open to various proofs taking into account a speedy, just and fair resolution of their grievances. Grievances that will result over compensation will be dealt with in a timely and transparent way, MOH and PAPs will set-up a grievance redress committee to address complaints arising from the implementation of this ARAP. All complaints received in writing (or written when received verbally) will be documented. This committee will be directly under the Deputy Minister for Administration of the Ministry of Health. Functions of the grievance redress committee will include: Provision of support to affected persons on problems arising from loss of residence and business area; Recording grievance of PAPs, categorizing and prioritizing the grievance that need to be resolved by the committee; and Reporting to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities 10.1 Objectives of the Grievance Procedures The grievance redress procedure is meant to provide a mechanism to mediate conflict and minimize lengthy litigation, which often causes delay in implementation of projects. It will also provide opportunities for people who might have objections or concerns about their assistance, a forum to lodge their complaints for resolution informally and peacefully. In practice, grievances and disputes that are most likely during the implementation of a resettlement program are the following: Misidentification of assets or mistakes in valuing them; Disputes between the affected persons and the Project, or between two neighbors; Dispute over the ownership of a given asset (two individuals claim to be the owner of the same asset); Disagreement over the valuation of an asset; Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares of a given asset; Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements; and Potential PAPs who were completely left out during the census and valuation process. 39

53 10.2 Grievance Procedure Grievance relating to the implementation of the construction of the new Redemption Hospital will be handled by a Grievance Redress Committee to be established. The Committee will comprise of representative of MOH, the National Archives, a community organization and a representative of the PAPs. The details of members of the Grievance Redress Committee are presented in Appendix 6. Firstly, any grievance filed will be handled through negotiation, which will aim at achieving an amicable and consensus settlement. Affected PAP may follow the procedures outlined below: 1 st Stage Aggrieved person(s) may file in compliant to the Grievance Redress Committee at MOH, which will act on it within 7 working days on receipt; 2nd Stage If there is no resolution to the problem or the affected person does not receive a response from the Grievance Redress Committee within a timely manner, the affected person may appeal to the Minister of Health, which should act on the complaint/grievance within 5 working days as of the day of filing the complaint; 3rd Stage If the appeal to the Minister of MOH does not resolve the case to the satisfaction of the complainant, such PAP may resort to legal actions in the Court of Law. PAPs wishing to submit a grievance will fill a specifically pre-designed complaint form and append his or her signature and formally submit it to MOH, through the head of the Grievance Redress Committee. A member of the committee will be assigned to provide assistance to those PAPs who cannot fill up the form. After the resolution of the grievance by the Grievance Redress Committee, the committee will also complete a form to that effect. Sample copies of the Grievance Complaint Form and Grievance Closeout Form are presented in Appendix Costs in the Grievance Redress Mechanism and Capacity Building For purposes of fair play, aggrieved PAPs should be assisted to pursue justice contingent to which therefore, the MOH will identify and commit resources to support activities of all stage above. MOH shall cover the cost for the resolution of all grievances of PAPs during the processes of Stages 1 and 2. The processes shall be free of charge to the PAPs. However, PAPs opting for the Courts of Law will do so at his/her own cost, unless the Court of Law rules otherwise. In order to avoid influx of speculative lawyers taking advantage of the resettlement to exploit ignorant PAPs, any PAP wanting to go to the Court of Law will bear his/her expenses. Before the commencement of activities of the Grievance Redress Committee, capacity building workshops will be held to discuss the impact of resettlement due to the project and improve their capacity relative to property law of Liberia, grievance redress, alternative dispute resolution mechanism and the judicial process of Liberia. This will ensure the effective operation of the committee relative to creating awareness, receiving grievances, conducting assessments/hearings and reporting on grievances. MOH will provide the cost for the capacity building. 40

54 11.0 MONITORING AND EVALUATION OF THE ARAP Monitoring of the implementation of this ARAP is intended to ensure that notices are served in a timely manner to allow property owners to vacate the project area immediately after community sensitization and public awareness. Monitoring of the ARAP is also intended to ensure that all property owners are compensated fully, followed by relocation from the project area, before construction starts. It is also principally intended to ensure that all grievances are resolved amicably and immediately when they arise. It further intends to ensure that all national legislations and regulations are in compliance; as well as WB OP To achieve the above intentions, monitoring plans will be developed to cater for monitoring before and during the implementation of the project. The ARAP monitoring will allow for the correction of implementation methods in real time during the project implementation, and also to check whether general objectives have been met and whether the resettlement and compensation program can be deemed complete. Monitoring and evaluation will include an internal tier and an external tier and expected to be undertaken for at least the following parameters: a. Process Parameters:- i. Full and proper documentation and record keeping; ii. Efficient and timely delivery of ARAP implementation reports; iii. Number of PAPs identified and consulted adequately; iv. Number of consultation activities undertaken; v. Disclosure of ARAP grievance procedure and contact details; vi. Availability of ARAP grievance persons to response to PAPs grievances; vii. Assessment of new involuntary resettlement cases which were not surveyed during the ARAP preparation stage; viii. Progress on negotiating compensation packages and ARAP measures against involuntary resettlement cases; ix. Grievances handling, recording and reporting; x. Timely issuance of resettlement committee decisions against raised grievance redresses. b. Result Parameters:- i. Number of PAPs who received their compensation and who were subjected to ARAP measures; ii. Timely advancement of compensation packages; iii. Compliance with ARAP implementation schedule; iv. Financial agreements reached with PAPs and estimated budget. 41

55 11.1 Internal Monitoring MOH will constitute an internal monitoring team for the implementation of the parameters listed above. The monitoring team will be coordinated by the Environmental Safeguard Offices of MOH and shall prepare a Project Implementation Manual, which will detail the monitoring frequency and content of monitoring reports. It is however expected that monitoring shall be reported quarterly during the implementation of the ARAP and project. Table 11-1 reveals the criteria and indicators for the internal monitoring. Table 11-1: Criteria and Indicators for Internal Monitoring. Criteria Indicator for Monitoring 1. Have all resettlement staff been appointed and mobilized for the field and office work on schedule? 2. Are resettlement implementation activities being achieved against agreed implementation plan? Budget and Time Frame 3. Are funds for resettlement being allocated on time? 4. Have resettlement offices received the scheduled funds? 5. Have funds been disbursed according to the ARAP? 6. Has the social preparation phase taken place as scheduled? Delivery of PAPs Entitlements 7. Have all PAPs received entitlements according to numbers and categories of loss set out in the Entitlement Matrix? 8. Have consultations taken place as scheduled, including meetings and community activities? 9. Have disclosure meetings taken place? Consultations, Grievance and Special Issues 10. How many PAPs know their entitlements? How many know if they have been received? 11. Has Grievance Redress Committee been set up? 12. Have any PAPs used the grievance redress procedures? What were the outcomes? 13. Have conflicts been resolved? 14. Was the social preparation phase implemented? After verification of the internal monitoring reports, they should be submitted to MOH Administration and the World Bank offices associated with the project for review and advice. 42

56 11.2 External Monitoring Due to the impact the project is expected to have on the occupants of the project area, it is important that external monitoring is also undertaken. External monitoring shall be conducted by the Caldwell-New Georgia-Louisiana Development Association (CNGLDA). As strategic partner for the implementation of the project, CNGLDA shall routinely field monitoring teams who will screen the project for overall adherence to conditions set in the ARAP. And in order to determine the final impacts of this ARAP, CNGLDA shall prepare and submit a final evaluation impact assessment within 12 months after the conclusion of resettlement to evaluate whether the intended objectives were realized. The criteria for the external monitoring are detailed in Table 11-2 below. Table 11-2: Criteria and Indicators for External Monitoring Criteria Indicators for Monitoring 1. Location Basic Information on PAPs Households 2. Composition and structure, ages, educational and skill levels and gender of household head 3. Participation of PAPs 4. Value of all assets forming entitlements and resettlement entitlements 5. Were structure compensation payments made free of depreciation, fees or transfer costs to the PAP? Livelihood Restoration 6. Were other compensation payments free of deductions for depreciation, fees or transfer costs to the AP? 7. Were compensation payments sufficient to replace lost assets? 8. Have vulnerable groups been provided income earning opportunities? Are these effective and sustainable? 9. How much do PAPs know about resettlement procedures and entitlements? Do PAPs know their entitlements? Levels of Satisfaction 10. Do they know if these have been met? 11. How do APs assess the extent to which their own living standards and livelihoods have been restored? 12. How much do PAPs know about grievance procedures and conflict resolution procedures? Effectiveness of Resettlement Planning 13. Were the PAPs and their assets correctly enumerated? 14. Was the time frame and budget sufficient to meet 43

57 objectives? 15. How did resettlement implementers deal with unforeseen problems? 16. Were there unintended environmental impacts? 44

58 12.0 CONCLUSION This study is an ARAP for the construction of the new Redemption Hospital in Upper Caldwell, Montserrado County, Liberia. The project is aimed at building a new hospital, along with associated facilities and infrastructure, which is expected to prove better health services to residents of Bushrod Island, Montserrado and Liberia as a whole. The impact of resettlement arising from the proposed project will include loss of unoccupied, unfinished and completed structures of PAPs within a 35-acre of land space in Upper Caldwell, earmarked for the project site. This study established that the project will affect the structures and livelihoods of 88 PAPs, 74 of whom are land and structures owners intended for residential purposes. This therefore necessitated the preparation of the ARAP to mitigate the impacts of resettlement. The study proposes that with collaboration from the Ministry of Health, PAP representatives and other stakeholders, the ARAP will be adequately implemented. And, the project can be implemented successfully. 45

59 APPENDICES APPENDIX 1: APPENDIX 2: APPENDIX 3: APPENDIX 4: APPENDIX 5: Notices of Intent for the Project Sample Questionnaire List of Affected Persons Names/Contacts of Members of Resettlement Committee Minutes & Attendance of Stakeholders Meetings APPENDIX 6: APPENDIX 7: Names/Contacts of Members of the Grievance Redress Committee Samples of Grievance Complaint Form and Proceeding Recording Form

60 The INQUIRER, Thursday, August 11, 2016, Page 11 : NOTICE OF INTENT The General Public and all concerned or interested parties are hereby informed that Michael V. Suah, a Certified Environmental Evaluator and Resettlement - Specialist, will be conducting a socio-economic an d resettlemeat action plan for the construction of the proposed new Redemption Hospital on a 35-acre parcel ofland located in Upper Caldwell, Montserrado, Liberia. In keepi ng with the Environment Protection and Management Law of the Republic of Liberia (EPML}, 2003 and Annex 1 (Section 6} thereto, all new projects categorized under (13} Building and Civil Engineering; (20} Health Projects; and (24} Urban and Rural-Development activities are subject to an Environmental and Resettlement study, where required. Based on the above, the Ministry of Health (MOH) has contracted the services of the Certified Environmental Evaluator and Resettlement Specialist to prepare a resettlement action plan as required by the EPML. The aims of this exercise are to engage with relevant stakeholders within the proposed 35 acres of land area in Upper Caldwell, as well as to assess and determine potential impacts likely to occur as a result of the proposed project and to recommend appropriate measures to mitigate or prevent the occurrence of these impacts. This socioeconomic survey,. property valuation and environmental assessment will commence on Monday, August 15, 2016, which is considered as the cut-off date for affected persoi')s in the project area. All residents or occupants of structures on the proposed 35-acre of land are requested to accord the study teams their fullest cooperation. Further, no one should move into the said area during or after the conduct ofthese exercises. Henceforth, in the process of identifying potential environmental and social 1 impacts that may r~sult from the proposed projegt, the Consultant is receiving Inputs from the public, including interested & affected parties from August 15-31, All persons having views, comments or concerns regarding the proposed project are encouraged to contact the independent consultant for the proposee.l project either by phone, letter, personal visit or em.ail at the below mentioned contact address. Copy of the application is available for inspection at the Ministry of Health or Registry of the Environmental Protection Agency,(EPA} of liberia.,._ ~-. independent Environmental Consultant and Resettlement Specialist, F..,.. - Contact Address: Mr. Michael V. Suah earth.envimnmental@yahoo.com Phone : Address :Benson Street REPUBLIC OF LIBERIA) MONTSERRAOO COUNTY) IN THE MONROVIA CITY COURT, TEMPLE Oli JUSTICE MONTSERRAOO COUNTY, REPl:JBLIC OF LI~ERIA BEFOR~ HIS HONOR:... J. KENNEDY PEABODY... SJIPENOIARY M~GISJRATE The Monrovia City Corporation Represented by & thru Its Mayor, l Clara Doe Mvoeo, of the City of Monrovia, Liberia )...,... PETITIONER ) VERSUS Ow ners of vehicle lice'nse plat e lis: BC-1037, PC-3tn27, PC T S, ) BC G~O. Pc-16792, llc-8510, PC-31846, PC-15850, BC-5065 PC-21196, ~ PETITION FOR PUBLIC Toyota Co rolla Serial II; 2T1BR32E83Co65536, Volvo Serial II; EVWFABLH2SMOOl40, Ford Wlndstar Serial II; 2T1AE04B8RC 057~02, ~ AUCTION Toyota_ Corolla Series # 2TlBR12 ElWCOl6880 Mazda Series II ) JM3LVS233W1SU476405, To be Identified, also of the City of I M onrovla...,... RESPONDENT ) AUCTION NOTICE WHEREAS, judgme'nt was rendered on June 27, 2016 by this Honorable court in favor of Petitioner consistent with the Laws and City Ordinances of the Republic of Liberia and that In satisfaction of the said judgment granting Petitioner's Petition for public auction, the court has ordered a public auction of the various dilapidated and abandoned vehicles named herein. NOW THEREfORE, the court having ordered the said auction is hereby informing the general public that It will be conducting an auction sale of the aforesaid vehicle on August 20, 2016, at the hour of 12:Noon at the Impounding lot of the Monrovia City Corporation (MCC) located at -the old Ma Jua.h Market, Vai Tow n, Bushrod lslan<;j, Monrovia, Liberia. All persons or individuals with interest should proceed to the office of the Ministerial Officer of the Court to register their interest in order to participate in the auction sale. SEAL OF COURT.. - ~ GIVEN UNDER OUR HANDS AND SEAL OF COURT, THIS 27TH DAY OF JUN~ A. D CAPT: ~n -~ MINISTERIAL OFFICER

61 The INQUIRER, Thursday, August 18, 2016, Page 10 Vacancy A~nouncement MONROV~ BRRIES INC. is.ng a highly motivatoo iooividua fa lhe fa1siim of. Sales and Marketing Coordinator in its S~es and M!keting Oep!trnoot. Summary: The Coordinator Ytill be respon~~e to manage Sales Admiristration irdepeooent~ aoo ~ovide administrative and clerical SUPJXlrt to the Sales and Marketi~ MancrJer. Furthermore, he/she wil assist with marketing and sales.operations, and work on marketi~ campag15 and spedal projeds in conjunction v.1th the Sales and Marketi!VJ Manager.. Position ClassifiCation and Repxting Structure: This is a ~nior staff ~tion. The position h~der vml report to the Sales and Marketing M~nager. Job Duties and Responsibilities: Monitor daily sales transactions, product performance against market challenges and prepare reports ensun~ accuracy. Monitor and control distribution of drinks to ensure the even flow and constant availability in the market aoo vmh distributors. Liaise \Wh d~tn but ors, keep track d dstnbutors' credit tacmty aoo erie balances to ensure com~iance with policy. Ensure distributors' com~iance with loadi~ reg~aiors and quality control. NOTICE OF INTENT The General Public and all concerned or interested parties are hereby informed ~ that Michael V. Suah, a Certified Environmental Evaluator and Resettlement ~ Specialist, will be conducting a socio-economic and resettlement action plan for ;:. the construction of the proposed new Redemption Hospital on a 35-acre parcel " of land located in Upper Caldwell, Montserrado, Liberia. :.; In keeping with the Environment Protection and Management Law of the. Republic of Lib~ria. (EPML), 2003 and Annex 1 (Section 6) thereto, all new. projects categorized under (13) Building and Civil Engineering; (20) Health ~ Projects; and (24) Urban and Rural Development activities are subject to an :: Environmental and Resettlement study, where required., 1 Based on the above, the Ministry of Health (MOH) has contracted the services of ' the Certified Environmental Evaluator and Resettlement Specialist to prepare a resettlement action plan as required by the EPML. The aims ofthis exercise are. to engage with relevant stakeholders within the proposed 35 acres of land area in Upper Caldwell, as well as to assess and determine 'potential impacts tikely to :: occur as a result of the proposed project and to recommend appropriate ; measures to mitigate or prevent the occurrence of these impacts. This socio- economic survey,. property valuation and environmental assessment will., commence on Monday, August 15, 2016, which is considered as the cut-off date. for affected persons in the project area.. All residents or occupants of structures on the proposed 35-acre of land are requested to accord the study teams their fullest cooperation. Further, no one :., should move into the said area during or after the conduct of these exercises... Henceforth, in the process of identifying potential environmental and social '/ impacts that may result from the proposed project, the Consultant is receiving 1 inputs from the public, including interested & affected parties from August , All persons having views, comments or concerns regarding the ~. proposed project are encouraged to contact the independent consultant for the _'. proposed project either by phone, letter, personal-.visit or at the below. mentioned contact address. Copy of the application is available for inspection.: at the Ministry of Health or Registry of the Environmental Protection Agency. (EPA) of Liberia. Independent Environmental Consultant and Resettlement Specialist Contact Address: Mr. Michael V. Suah earth.environmental@yahoo.com Phone : Address : Benson Street Monrovia Liberia! L-----~~~~~~ TERMS OF REFERENCE FOR THE POSITION OF CHAIRPERSON INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS OF LIBERIA ' ' ' ;,,,

62 Socio-econmic Survey for the Construction of the new Redemption Hospiital, Caldwell, Montserrado County Residential Location to Road (Driving toward Upper Caldwell) Structure No.: RH- Right Side Left Side: Date: Location: GPS Coodinate: Photo No.: Name of Primary Contact: Contact Number: Ownership: Own: Rent: Lease: Other: Do you have Title Deed Yes ( ) No ( ) When was the property purchased or constructed: Size of Property: Lot(s)/Acre(s) Type Structure: Residential Building Floor Area Concrete Block w/zinc Roof (single storey), Floor: Sq. M. Concrete Block w/zinc Roof (multiple storeys), Floor: Sq. M. Wood Frame w/zinc Roof (makeshift), Floor: Sq. M. Container: Floor: Sq. M. Others, describe: Assessed Value of Property: How long have you lived at this place? months / years Where did you live before: Do you like living here? Yes No Do you support developmental projects? ( ) Yes ( ) No Would you move to allow the project? ( ) Yes ( ) No If yes, how soon? year; months; weeks How far do you travel to work/school? km; medical services? km; place of worship? km What is your preferred mode of transportation? Taxi; Bus; Bike; Private Vehicle What is your preferred mode of resettlement? Cash; Alternative Land; Land & Cash Form of Income Generation: Unemployed; Formal; Informal Household Annual Income: Demographic Data Male Name Age Education Level Occupation/ Source of Income Religion Tribal Affiliation Female Name Age Education Level Occupation/ Source of Income Religion Tribal Affiliation Total Surveyed By:

63 Name of Principal Contact Nature of Size of Assessed Value Assessed Value Assistance to Relocation Total No. Last Name First Name Gender Property Loss Kind of Structure Property (Lots) of Land of Structure Vulnerable Persons Assistance Payment 1 Kemah Harrison K. Male Un-occupied Land , George Hannah O. Female Unfinished Structure Foundation - ground level , Sesay Mohammed M. Male Unfinished Structure Structure at lintel level , Gbolokai Sackie M. Male Un-occupied Land , Walker Gibson P. Male Completed Structure Concrete blocks - single storey , Sambola, Jr Kemo K. Male Completed Structure Concrete blocks - single storey , Dukuly Evans M. Male Unfinished Structure Structure at roof level , Lama Catherine Female Completed Structure Concrete blocks - single storey , Siakeh Michael S. & Hawa F. Male Completed Structure Concrete blocks - single storey , Choloply Austin N. Male Unfinished Structure Structure at window level , Tegbeh Ishmeal Male Un-occupied Land , Marvolo Aaron & Kaibeh Male Un-occupied Land , Kamara Patrick N. Male Un-occupied Land , Kollie Moses T. Male Un-occupied Land , Saba Francis S. Male Unfinished Structure Foundation - ground level , Coleman J. Ansu Male Un-occupied Land , Clark Garded Male Un-occupied Land , Woods Ruth E. & Morris Female Un-occupied Land , Monger Adolphus Male Unfinished Structure Structure at roof level , Ford Rev. Edward F. Male Un-occupied Land , David Tuma Female Un-occupied Land , Nyumah Divine Male Un-occupied Land , Mipphell Shinel S. Female Un-occupied Land , Lomax Stanley S. & Catherine Male Un-occupied Land , Saah Victor Male Unfinished Structure Structure at roof level , Sheriff M. Abba Male Unfinished Structure Fence - concrete , Trawally Kabah Morris & BenduMale Un-occupied Land , Freeman Toe Elton Male Un-occupied Land , Wehyee Lataye Male Un-occupied Land , Wehyee Mary M. Female Un-occupied Land , Wehyee Rufus Male Un-occupied Land , Nyenkan Doris & Chinkwendu O Female Un-occupied Land , Blay Dorothy Female Un-occupied Land , Roberts Joseph & Evelyn Y. Male Un-occupied Land , Sheriff Mawah F. Female Unfinished Structure Concrete blocks - single storey , Fahnbulleh Abraham Male Un-occupied Land , Kolleh Olivia D & Fitzgerald G Female Un-occupied Land , Tokpah May Female Un-occupied Land , Vambarm Michael G & Mary M. Male Un-occupied Land , Paul Augustine Male Un-occupied Land , Sylla Mustapha Male Un-occupied Land , Wehyee Lucy Female Un-occupied Land , Tiah Dexter Male Un-occupied Land , Flomo Elijah & Frances Male Un-occupied Land , Capehart Advertus Male Un-occupied Land , Siaffa John, Thomas & FarmaMale Unfinished Structure , Manbu Bintu Female Unfinished Structure ,778.00

64 Name of Principal Contact Nature of Size of Assessed Value Assessed Value Assistance to Relocation Total No. Last Name First Name Gender Property Loss Kind of Structure Property (Lots) of Land of Structure Vulnerable Persons Assistance Payment 48 Johnson Sekou G. Male Un-occupied Land , Bah Mohamed Unisa Male Unfinished Structure Structure at lintel level , Logan Matthew Male Un-occupied Land Jalloh Abu Bakar Male Un-occupied Land , Massaquoi Dominic & Famata Male Un-occupied Land , Paye Etta & Arthur F. Female Un-occupied Land , Freeman Manxco & Matu Male Un-occupied Land , Sheriff Bintu Female Un-occupied Land , Potter Urias Male Un-occupied Land , Blayee Marcus D. & Winifred Male Un-occupied Land , Jalloh Ousmane Male Un-occupied Land , Sylla Mustapha Male Un-occupied Land , Willie Philip B. Male Un-occupied Land , Katiah David N. Male Completed Structure Concrete blocks - single storey , , Sesay, Jr. Isaiah A. S. Male Unfinished Structure Foundation - ground level , Kamara Ahmadu & Isata Male Unfinished Structure Structure at lintel level , Kamara Mohammed, Samuka &Male Unfinished Structure Structure at lintel level , Kamara Abraham Male Unfinished Structure Structure at lintel level , Birch Nathan & Venus MassaMale Un-occupied Land , Charlie John Male Un-occupied Land , Fahnbulleh Sam Male Un-occupied Land , Dakannah James Male Un-occupied Land , Harris Trokon & Rose Male Un-occupied Land , Fahnbulleh Boima & Bernice RichaMale Un-occupied Land , Sesay Abraham S. Male Unfinished Structure Structure at lintel level , Bottomley Siafa Male Unfinished Structure Foundation - ground level , Boko Henry C. Male Un-occupied Land , , ,

65 ARAP Implementation Committee Members No. Names Institution Contact Details 1 S. Tornalah Varpilah Ministry of Health Menitoyan Dolo Ministry of Health Atty. Tomi Vobah Ministry of Health Dio Williams Caldwell-New Georgia- Louisiana Development Association Ahmadu Makara PAPs Representative

66 MOH Stakeholders Consultation engagement with PAPs Upper Caldwell CONSULTATION MEETING MINUTES WITH PAPs UPPER CALDWELL Stakeholders visited : PAPs (new redemption Hospital) Upper Caldwell Date : 09/03/2016 Time (start end): Attendees: 2:00PM-4:00PM 23 Persons Name Issues Discussed Response Ahmadu Kamara (PAPs and Senior Representative) Austin N. Choloply We believe that we have reached the concluding stage of the entire project, thou we previously disagreed to the MOH request of resettlement, but due to pieces of advice from Counselor Gongloe, we did complied and are now expecting payments. Why does it seem that you are starting again the process? If then you will prepare a Resettlement Action Plan report, considering the fact that we have concluded with (MOH) on our property issue, why can t you make a follow up at the Ministry of Health (MOH) and write your report? As you mentioned that you are an independent consultant and must engage us directly to gather a separate information from that of the Ministry of Health, do we assumed that all agreements reached by the Ministry of Health and us (PAPS) are discarded? If your statement is true, that the agreement between the Ministry of Health and us (PAPs) has not changed in any ways, then we should be receiving our resettlement benefits instead of going through another exercise. Could you provide clarity? We are not totally setting aside the process you commenced with the Ministry of Health. However, we are preparing an independent Resettlement Action Plan and it requires that we must obtain our own information for the preparation of our report. This is in support of the World Bank request for the project. The World Bank who is undertaking the project through the Ministry of Health is requesting a Resettlement Action Plan from an independent consultant. And this is the process in preparing that. Sorry, we cannot rely strictly on the information gathered by the Ministry of Health (MOH). We will utilize what information the ministry has, but as an independent consultant, I must function in keeping with the Environment Protection and Management Laws of Liberia, and gather independent information or corroborate previous information. Absolutely not, I have no intention of rejecting any agreement reached between the Project Affected Persons (PAPs) and the Ministry of Health. I will only do verification and incorporate them in our final report. The World Bank is requesting a Resettlement Action Plan report from the Ministry of Health, in keeping with requirements for approving the construction of the new Redemption Hospital. This exercise is in support of obtaining the information needed to prepare the report. Further, the RAP requires that PAPs must be consulted. Hence, this consultation today. Page 1 of 3

67

68

69 Photos of Meeting of September 3, 2016

70 MOH Stakeholders Consultation Engagement with PAPs in Upper Caldwell CONSULTATION MEETING MINUTES WITH PAPs UPPER CALDWELL Stakeholder visited : PAPs UPPER CALDWELL Date : 08/10//2016 Time (start end): Attendees: 2:00PM-4:00PM 23 Persons Name Issues Discussed Response Ahmadu kamara Mohammed V.Kamara Uriah J. Potter Harrison Kemah You mentioned that some of the project affected Persons (PAPs) refused to have their properties reassessed; it is true with regards to a clause in the agreement between the Ministry of Health and us (PAP), which states, that no project affect person (PAP), property will or shall be reassessed after the initial assessment. Thereby, how do you intend to address that? You also mention at your initial meeting that you will not go against any agreement reached between the Ministry of Health and us (PAPs). How can you reconcile that with your assessment exercise? Some of the project affected persons (PAPs) were paid for their lands that have incomplete structures or foundations on them. Will there be payment for that as well? If so, how? We established an agreed with the Ministry of Health, that each project affected person (PAP), should be paid $3,500,00 United states dollars for one (1) lot of land. What is yours recommendation to that effect? We clearly stated at our initial meeting with you (PAPs), that we are an independent consultant who has been hired for the preparation of the Resettlement Action Plan exercise. As such, we will be doing our own assessment. We indicated that where the PAPs and the ministry have reached an understanding, we will incorporate those positions in our study. Where there are misunderstandings, we will conduct our own independent assessment. Of course yes, once you have structure on the land or foundation which has not been paid for, though you were paid for your land, the property will be assessed and will be included in the report for payment. As we said earlier, where the PAPs and the ministry have reached an understanding, we will incorporate those positions in our study. Where there are misunderstandings, we will conduct our own independent assessment. Page 1 of 2

71 MOH Stakeholders Consultation engagement with PAPs Upper Caldwell Thomas S. Siafa Evens M. Dukuly Nora Peabody I am a property owner and I understood that an assessment has already been conducted on the site which is not to my knowledge. How can that be reconciled? There had been a disagreement between Ministry of Health (MOH) and all Project Affect Persons (PAPs) which state that those of the PAPs who are paying their rear estates taxes will benefit as per the records. Contrary to that, there will be an assessment to determine payment otherwise. On the other hand, we are requesting $1,750 united states dollars per half lot of land. How do you intent to address that? What type of compensation should we expect from the Ministry of health? This is one of the reasons why an independent consultant should conduct these exercise because, the consultant will firstly make an announcement on various radio stations, issue notices of intent (NOI) and invite all PAPs to several engagement meetings. This might have been overlooked. I am here to correct the process. The agreement was done between you (PAPs) and Ministry of Health (MOH). We have no intention of abrogating agreements reached with MOH. We will certainly resolve issues of contentions, not yet resolved.. Compensation can be in the form of cash, alternative land or combination of both cash and land. Each PAP will decide on the compensation he/she desires. You will just have to make your choice. Mohammed Bah We are taxes payers, and if the Ministry of Health (MOH) refuses our agreement of three thousand five hundred ($3,500) united states dollars request for every empty lot of land apart from lands with structures there will be a problem. I hope no problem will arise between the PAPs and MOH. We will do our best to resolve issues of contention. Daniel O. Wantu Amos Chideryou The project affect persons (PAPs) and the ministry of health (MOH) had a discussion and an agreement that all PAPs will be resettled at the same time and same venue. Will that also be adhered to considering the fact you are not making any changes? Some of the project affect persons (PAPs) are represented by a legal counselor in person of Counselor Gongloe. Will the process of resettlement be transparent for those of us without a lawyer? Our report will clearly state the nature of compensation each PAP will receive and a schedule of activities to include the time for payment will be included. All PAPs will receive compensation in the period provided for such. We are conducting an independent assessment and will protect the interest of all PAPs. Further, a Grievance Redress Mechanism will be established so that PAPs dissatisfied with the process can seek redress. In our participation in several RAPs, there has been no need for lawyers representing the PAPs since this would be additional cost to the PAPs. However, it is the right of the PAPs to hire the services of his lawyer if he/she so desire. Page 2 of 3

72

73

74 Photos of Meeting of October 8, 2016

75 MOH Stakeholders Consultation engagement with PAPs Upper Caldwell CONSULTATION MEETING MINUTES WITH PAPs UPPER CALDWELL Stakeholder visited : PAPs UPPER CALDWELL Date : 10/22/2016 Time (start end): Attendees: 2:00PM-4:00PM 22 Persons Name Issues Discussed Response Austin Choloply Thomas F. Siafah Mohammed Kamara Annie K. Koffa Have you had the thought that there is a possibility that some of the deeds presented could not be genuine? As you just mentioned, that you are about to close the entire exercise and I am not sure as to whether every one owning property on the site are available to present relevant document to substantiate their claim. How do you intent to address said issue should there be a nature of such? You are now closing the exercise according to your statement, how do you intent to address an issue of property miscalculation? When will our payment be, after these assessments and verifications are done with? It is not in my preview to determine whether the deeds are legitimate or not. The deeds will be presented to the National Archives to verify their authenticity. We are aware that all the project affected persons (PAPs) are and will not be available before the closure of the assessment or verifications. But we have set up a means by addressing such issues as they arise. That is, by advising the Ministry of Health (MOH) to apportion some cash that will be set aside for the settlement of those who might come later. That is the exclusive purpose of this meeting, to declare to you the actual monetary value of your properties. And where you still have problem after the submission, you can utilize the Grievance Redress Mechanism. That we cannot say at the moment. Our only concern right now is to see to it that all properties are properly assessed and their values are adhere to by you the project affected persons (PAPs). The Ministry of Health will later call on PAPs for payment. Page 1 of 2

76

77 Photos of Meeting of October 22, 2016