FINAL ANALYTICAL REPORT

Transcription

1 FINAL ANALYTICAL REPORT Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized ALBANIAN WATER SECTOR INVESTMENT PROJECT: RESSETLEMENT ACTION PLAN (RAP) AND RESETTLEMENT POLICY FRAMEWORK (RPF) Submitted to: Republic of Albania Ministry of Public Works and Transport Water Project Implementation Unit Report Number: (Contract CSD4 PHRD Grant No. Tf Al) Distribution: RP1442 A C E R Mr. Nikolin BRAHO, Director of the Water PIU Address: Rruga Sami Frasheri, No 4, Tirana - Albania Telephone: Facsimile: nbraho@gmail.com

2 Abbreviations ACER DCM DRN GRM IPRO MoPWT PAP RAP RPF SA WB Albanian Center for Economic Research Decision of the Council of Ministers Development Researcher Network Greviance Redress Mechanism Immovable Properties Registration Office Ministry of Public Works and Transport Project Affected Persons Resettlement Action Plan Ressetlement Policy Framework Social Assessment World Bank

3 Definition of Resettlement-Related Terminology Project in Brief Land Project Affected Person (s) (PAPs) Compensation Cut-off date Land acquisition The Resettlement Policy Framework (RPF) Resettlement Action Plan (RAP) or Resettlement Plan Census Replacement cost Definitions It refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the project. PAPs are persons affected by land use or acquisition needs of the RAP.These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Compensation is the payment in kind, cash or other assistances given in exchange for the acquisition of land including fixed assets, as well as other impacts resulting from project activities. It is the date of commencement of the census of PAPs within the subproject area boundaries. This is the date on and beyond which any person whose land is occupied for project and/or sub-project use; will not be eligible for compensation. It means the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project. It is an instrument to be used throughout the implementation of project activities as guidance tool. The RPF sets out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. It is a resettlement instrument (document) prepared when projects locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAP is prepared by the party (Potential Developer) impacting on the people and their livelihoods. RAP contains specific and legal binding requirements to resettle and compensate the affected party before implementation of the project activities. RAP is site specific report for the current knows impacts and is prepared in conformity with the provisions of this RPF with the views of the the PAPs. A field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs). The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measurese manating from consultations with affected communities. It means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Albanian law for sale of land or property. In terms of land, this may be categorized as follows: (a) Replacement cost for agriculture land means the pre-project market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes.

4 Table of Contents Abbreviations... 2 Definition of Resettlement-Related Terminology... 3 EXECUTIVE SUMMMARY INTRODUCTION Project Background Project Purpose Guideline for a Resettlement Policy Framework Planning Principle for the Ressetlement Action Plan Water Pipeline Route Selection Scope of Work Methodology RESETTLEMENT AND COMPENSATION PLAN Project Area Description Durrës Municipality Resettlement Sites Durres Municipality, Administrative Unit No Milot Commune Sukth Municipality Ishëm Commune Fushe Kuqe Commune People Affected by the new water pipeline Efforts to Minimize Displacement Results of Efforts... Error! Bookmark not defined Mechanisms to Minimize Displacement during Implementation Affected Properties by the Project s Footprint Inventory of Affected People Entitlement Matrix VALUATION AND COMPENSATION Definitions Compensation Rates Restoration Strategies, Change in Livelihoods and, Variation with Area of Impact Land based Compensation Cash Compensation Risks of Impoverishment Waste Water Component in Durrës Estimated Cost of RAP MANAGEMENT OF GRIEVANCES Consultation with Affected Populations Monitoring of Income Restoration Description of the Implementation Process Arrangements for funding resettlement Responsible Institutions and/or Agencies Grievance Redress mechanisms MONITORING AND EVALUATION LIST OF ANNEXES Annex 1. Inventory of PAPs and their affected assets Annex 2. Methodology Notes for the Evaluation of the Expropriated Land Annex 3. Resettlement Policy Framework for Water Sector Investment Project Project Description Project Development Objectives... 55

5 Project Components relevant for this RPF Anticipated Subproject Types and Locations Impacts, Land Acquisition and Resettlement Principles Basic Principles of the Resettlement Program Legal Framework Legal Criteria on the Evaluation of Properties Economic Rehabilitation Identification and Classification of Affected Population Groups Expropriation Procedure Gaps between Local Laws and World Bank (IFC) Policies RAP Preparation, Review and Approval Process for Screening and Review of RAPs Annex 4. Offical Correspondence (IPRO, Communes) Annex 4.1. Cadastral Map of Ishem Commune (Lalzi village) Annex 4.2. Official Correspondence of Milot Commune Annex 4.3. ACER Template of Project Information Leaflet and Request for Information to local... authorities Annex 5. Survey Instruments Census Questionnaire Key informant interview and FG Templates Annex 6. NGO Tasks for Monitoring and Oversight Project Implementation Annex 7. List of Planning and Participating Staff... Error! Bookmark not defined. List of Tables (for the entire Report) Table 1. Project Affected Areas as per population, administrative units and location Table 2. Social Indicators of Durres Municipality (Spitalla project affected area) Table 3. Social Indicators of Milot Commune (project affected area) Table 4. Social Indicators of Ishem Commune (project affected area) Table 5. Social Indicators of other project affected area (Sukth Municiplaity, Xhavzotaj Commune) 20 Table 6. Distribution of the population by village Table 7. Affected Properties as per Land Size, HH number and total no. of residents Table 8. Milot Commune Land Size for Compensation Table 9. Wells Coordinates in the Milot Commune Table 10. Milot Commune Land Owners Table 11. Fushe Kuqe Commune Land Size for Compensation Table 12. Fushe Kuqe Commune Land Owners Table 13. Ishem Commune Land Size for Compensation Table 14. Ishem Commune Land Owners Table 15. Sukth Municipality Land Size for Compensation Table 16. Sukth Municipality Land Owners Table 17. Total Land Size for Compensation Table 18. Entitlement Matrix Table 19. Total RAPCost Estimation Table 20. Itemised RAP Settlement Cost Estimation Table 21. Typologies of Project Affected Groups Table 22. Description of Expropriation Procedure Steps according to Albanian Legislation Figure 1. Number of Project Affected People... Error! Bookmark not defined. Figure 2. Map of Expropriation Zones... 28

6 EXECUTIVE SUMMMARY The Government of Albania (GOA) assigns high priority to improving environmental and public health conditions in the coastal city of Durres and its adjacent four municipalities and 12 rural communes. The economic and political importance of the Durres region, coupled with its grossly inadequate quality of its water supply and wastewater services, has prompted a series of World Bank projects from which Durres has benefited since In despite of the past projects, water supply and wastewater services continue deficient in the Durres region. As part of the financing scheme, the Water Sector Investment project (hereinafter the project) is financing a new water supply pipeline in the Durres region, starting from the well field located in Milot Commune (district of Lezha) to the city of Durres, a distance of approximately 65 km. The new pipeline will provide reliable water service to the city of Durres. While, the existing water pipeline will be reallocated to provide reliable water supply to its full capacities to villages and communities located along the existing water pipeline. The project will also support critical improvements to the Durres waste water system. The Development Research Network (DRN) and Albanian Center for Economic Research (ACER) were engaged by the Project Implementation Unit (PIU) to prepare and monitor implementation of a Resettlement Action Plan to mitigate any land acquisition impacts associated with the construction of the new water pipeline. For the purpose of this assignment, the consultants (DRN & ACER) have prepared two separate analytical reports, composed of: 1) the Ressetlement Action Plan (RAP) including a separate annex of the Ressetlement Policy Framework (RPF) and 2) the Social Assessment Report (SA) in the affected rural communities. Thus the current assessment contributes firstly, to the preparation and implementation of a Resettlement Action Plan (RAP) for the new water pipeline and any associated waste water system improvements, as well as any potential localized impacts from the supply of community water tanks and associated infrastructure. Secondly, it provides a social assessment in communities to be served with reliable water service by the existing reallocated pipeline to help them ensure optimal and sustainable management of water provision service. While, the Ressetlement Policy Framework (RPF) aims to describe all potential future social safeguard risks and mitigation measures for all project components for which exact footprints and impacts are not fully known or confirmed to date. In the framework of preparation the proposed Durres regional water supply scheme, to be financed by the World Bank under its proposed Albania Water Sector Investment Project, after recent studies carried out by an individual consultant regarding the hydro geological study of Fushë-Kuqe well field, it was necessary to review the RAP and RPF for Durres Water Sector prepared by the DRN and ACER. The revisions of RAP and RPF are reflected in the document presented hereby. Finally, the communities affected by land acquisition as per project design are placed in the following administrative units: Fushe Kuqe Commune, Ishem Commune, Milot Commune, and Sukth Municipality. The RAP s main findings are given below: 1. To minimize resettlement effects for establishment of the water pipeline it was reassured by the project design, that the densely populated private lands are avoided as much as possible. This is confirmed through RAP field observations, revealing that the planned water pipeline in most of its length passes along the right-of-way the existing urban and rural roads and traverse in some cases pastures and valleys property of public domain (commune lands). However, the inevitable private land affected results for 34 agriculture plots owned by 28 land owners in total. 2. RAP reveals that the only affected parties from land acquisition, for the construction of the new Water Pipeline, are the private land owners. A total of 28 land owners are identified to be expropriated according to the Albanian legislation in force. Land acquisition affects 34 plots in four administrative units, in total 3487m 2 : 6

7 i. Milot Commune 6 land owners ii. Fushe Kuqe Comune 3 land owners iii. Ishem Comune 18 land owners iv. Sukth Municipality 1 land owners 3. Land needed for the new water pipeline is registered as agricultural land in the four administrative units. Field observations and data collected through RAP census-survey show that, most of land owners use the land as pasture and for cultivating agriculture products. There are no dwellings or any other structure or trees in the identified plots to be expropriated. 4. The compensation method, as per Albanian legislation in force to be applied for this expropriation procedure is cash compensation. The option land-for-land is not provided 1 by the Albanian legislation to private owners. Cash compensaton is fully sufficient to compensate the acquisted agriculture land. All PAPs have accepted cash compensation as a method to compensate their expropriated land. 5. The estimated total cost of land compensation for the proposed project is calculated to the amount of 4,246, ALL (Approximately US$ ) for a total of land surface of 3487m The evaluation method for estimating the compensation considered all the available sources of information in order to propose a market / replacement value of land in the new water pipeline area (from Milot commune to Durres city). Main assumptions taken into consideration in the frame of methodology are related with current regulatory framework for land expropriation and its recent amendments; financial analysis on net income stream on the pipeline footprint sites and its neighborhood; eventual transaction (sales and leasing) on footprint pipeline region (See Annex 2: Methodology for Estimating Land Compensation Rate). In these conditions, the RAP applies an average price for land expropriation per each of the sites, as following: Fushe Kuqe Commune, and Sukth Municipality at 8$/m 2 ; Milot Commune at 10 $/m 2 ; Ishem Commune (Lalez village) at 15 $/m It is provided that the Government of Albania will compensate the project affected people (PAPs) for any loss of physical assets, revenue, and income resulting from economic displacement or physical relocation whether these losses are temporary or permanent. However, the census-survey found that construction of the new water pipeline will not affect any immovable property, such as: houses or structures. 8. Public consultation suggests that PAPs have to be compensated in a timely way, so that they can make any adjustments early on, before any impact. RAP reveals that potential impacts due to land acquisition for the construction of the new water pipeline appear to be moderate and manageable. Field observations and the census-survey showed that that the planned water pipeline will be constructed mainly along the existing roads connecting the villages and part of it passes through the Ishem commune lands, which do not require an expropriation procedure. Village houses and any other livelihood sources are avoided in the project design. However, in 1 The only case when land for land compensation method could be applied, is when the affected entity is the commune itself and a communal property is being expropriated. The Council of Ministers gives another property in compensation to the affected commune. In every other case, as per basic principle, for expropriation is provided a fair compensation (constitutional principle) in Cash and not in kind. However, this is a practice which is not yet implemented by the GoA. 2 Exchange Rate 1USD = 105 ALL, Source: Bank of Albania (December average): 7

8 case of any event after the cut-off date, such as: boundary wall demolished, trees removed, etc., replacement of assets affected will be provided. 9. As long as the water pipeline will pass through the communal land of the Ishem Commune, it was discussed with the commune officials on the importance of this investment for the city of Durres. The Commune of Ishem has given the approval to use its land for the construction of water pipeline as per footprint deisgn. This is composed of a small number of pastures and small hilly forets. 10. During RAP implementation, monitoring will be ensuring that any issue which may arise is properly addressed, such as impacts from road widening, or loss of trees or standing crops. Nevertheless, safety and compensatory measures are provided if needed and any land which is temporarily affected must be restored to its original condition. A local NGO will be contracted to monitor the project implementation and oversight the expropriation process is implemented as per this RAP. (Preliminary tasks of the NGO are given in Annex 5 of this report). 11. Social safeguard measures and guidance are provided for both construction phase and post-completion phase impacts relating to land acquisition/expropriation, impacts on livelihoods and related compensation, as needed. 12. The conduced socio-economic assessment for the purposes of this project indicates that, the economic status of project-affected people (PAPs) will not be worse off than before the project as a result of land acquisition. This is reassured providing that agriculture land to be expropriated is still viable economically for the landowners, to be used for cultivating and farming activities as its current use. As the project design requires a small portion of land to set up the pipelines (based on engineering assessment), none of the landowners is to be expropriated for more that 20% of their land (see total land area and percentage of land take for each PAP below). Therefore, none of the land owners is to be expropriated fully by their land. It is confirmed by Census data, that all PAPs own at least another plot of agricultural land in the same area or nearby areas, which consist the major part of their land ownership. In addition, it is indicated that agriculture/farming is not for subsistence. In most of cases land use is for selfconsumption of households and contributed to their source of income but is not the main source of income. Therefore, the consultant assesses that the affected portion of agriculture land is not affecting PAPs source of income. As far as it concerns the vulnerable groups, such as: handicapped or disabled, children, the elderly, widow, women heads of household, who are usually the most affected in such situations, there is no evidence that their status will be worsened. However, special assistance should be given to one household composed of two members who are women in facilitating their communication with the respective authorities for managing expropriation procedures. The RAP does not require rehabilitation assistance and/or moving allowances and no houses and/or other structures are affected, but only cash compensation for the lost land. Finally, RAP foresees that assistance with project-related issues is to be provided by the local greviance committee to all PAPs, especially as regards the vulnerable groups. 13. Additional socio-economic data about the local community of proposed water pipe line villages was collected through a socio-economic micro-scale survey and focus groups dicusssions, providing information on: access to properties; demographic data; access to services, source of incomes, farming/agriculture activities, economic activity, unemployment level, migration rate, as well as gathered public perception of water usage, management and quality, etc. The PAPs represent 28 households with a total of 137 HH members. In socio-economic terms, about 63% of HH members are active labour force, from these 12% declared unemployed and job seekers; 42% self-employed in agriculture/farming; 23% self-employed in the family business; and 23% employed (other: part-time worker, local administration, etc). Most of unemployed HH 8

9 members represent the community of Bize village in Ishem Commune, a very remote hilly mountain area, where land use is minimal. 14. Under the terms of the World Bank resettlement policy, mitigation for land expropriation is best implemented as a development project. To this end, the Albanian Governement must assist the communities living in the project areas in activities such as: revegetation, and rural road construction/restoration upon construction of the new pipeline, reassure supply of cleaned drinking water in the existing water pipeline sites (villages); reassure that Fushe Milot village, where the new wells will be set will be supplied regurlay with water through a pipeline conjuction. 15. The waste water system improvement, a project partly funded by EU, reveals that there would be possible (localised) impacts due to improvements to the waste water component in Durrës and to the village water systems. As actual project footprints are produced during implementation, any impacts will be handled using the same arrangements as for the pipeline. 16. The resettlement process will meet the requirements of the World Bank Operational Policy (4.12), on Involuntary Resettlement and also adhere to the provisions of the Constitution of Albania, the Land Acquisition Act. The methologic approach applied for this RAP is provided as follows: Principles and Requirements for Land Acquisition and a Resettlement Action Plan Based on World Bank Operational Policy on Involuntary Resettlement (OP 4.12) requires that environmental and social impacts of all projects it supports must be mitigated according to operational polices that spell out the principles and planning methods for mitigation work. This applies whenever property must be acquired, or its use modified, for a project, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary whether the occupation is legal or illegal. Resettlement of PAPs in the project zone will therefore be carried out in accordance with the Laws of Albania taking into consideration the World Bank Involuntary Resettlement Policy. In any instance where there is a gap or conflict between the Albanian Law on Expropriation and OP 4.12, World Bank Operational Policy 4.12 will prevail or implementing agencies will provide a solution in compliance with OP Project Components 1. The Resettlement Policy Framework, which establishes the eligibility criteria for specific entitlements and other forms of assistance within the water sector investment project, is drafted and provided in Annex 3 of this document. 2. The Ressetlement Action Plan for the new pipeline, waste water system improvements, and identification of possible localized impacts from the supply of community water tanks and associated infrastructure is prepared. This RAP is prepared based on current known impacts, gathered through the following research instruments: a) Census- baseline survey which establishes the number and identity of individuals, households, or communities to be affected by Fushe Kuqe transmission water supply system, accompanied with an inventory of major assets (land, housing) to be affected by project implementation; b) Households (Social Assessment) Survey which inventories all assets affected and determines impacts upon incomes and living standards. Eligibility An affected community is defined as one which stands to lose all or part of its physical and nonphysical assets including social and cultural networks as a result of the project implementation. To be 9

10 eligible for compensation, a PAP must have formal legal rights to land or other assets or must prove informal occupancy i.e., those who do not have formal legal rights to land or other assets at the time of the Census-survey, but have claim to such legal rights by virtue of occupation or use of those assets. In other words, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or to other resettlement assistance. For land acquisition under this RAP, all of 28 private land owners who will be expropriated have full legal rights on their land, as per registration title at IPRO and respective communes. Entitlement Matrix Based on the Ressetlement Policy Framework, the entitlement matrix for the PAPs has been prepared, reflecting all categories of affected people and all types of losses associated with each category. The whole land to be expropriated for the new water pipeline is registered as agriculture land. All the land owners have full legal title of their lands. There will expropriated 28 land owners who in total possess 34 agriculture plots of 3487m 2 (one owner possess 5 plots and another one 3 plots). Compensation for the acquired land is to be provided for 28 land owners, who are affected to 10-20% of land expropriation for construction of the new water pipeline. Considering that the whole area to be expropriated is registered as agriculture land (therefore land owners cannot construct structures over this land), the consultant assesses that the acquired land is still viable for cropping cultures or grazing animals. Therefore, the expropriated land is not depreaciated by the land acquisition for the construction of the water pipelines, but is still viable for agriculture use. Identification of Stakeholders A series of focus group meetings and key informant interviews were held with stakeholders in all project sites of the residential areas where the water pipeline will be constructed, so that the impacts of the project (both social and economic) were explained. In addition, the consultant explained and discussed with them the land compensation rates and mitigation measures. Public Consultations A series of public meetings were held with PAPs in four residential areas identified for land expropriation. Impacts of the project implementation were explained and further the consultant explained the expropriation procedures, discussed over the land compensation rates. Greviances mechanism was reassured and clarified to all present PAPs in order to address any mitigation measure. Social Assessment A social assessment survey was implemented in both directly and indirectly affected communities by the project implementation (in the existing and new water pipelines sites) to collect data on their living standards, access to services, income sources, economic activity, demographic data, social structures, emigration rate, market orientation, etc. This information supported the findings of Censussurvey to define the value of land loss, risk of impoverishment, and compensation rates. Based on the available information gathered about the PAPs and Census-survey data analysis, it results that any of PAPs won t be wors-off because of project implementation, as long as their acquired land (about 10-20%) won t affect their land viability. Most of agriculture land in the expropriated areas is used as pasture and for cultivating crops, most of which serve for households self-consumption (specifically in remote areas such as, Biza village in Ishem commune, where there is a higher level of unemployment). The consultant assessed that the compensation amount to be provided upon expropriation of land is sufficient for PAPs income restoration and none of them use land for subsistence. Grievance Procedure The potential for disputes has been reduced considering that the construction of the new water pipeline does not affect the PAPs to the extent where houses or other dwellings need to be dislocated, but rather a relatively small portion of their agriculture land (not more than 20%) and is leasve still viable the land for cultivation and pasture use. Also, the temporary land acquisition for having the 10

11 sufficient working space during water pipeline construction has been reduced to a great extent affecting the existing infrastructure (reduction of roads width) and use of use of commune (public) lands, which at the time of RAP preparation were non cultivated. However, the owners to whom the land with be expropriated have been consulted and compensation modalities have been explained. Any PAP who is dissatisfied with the compensation amount may seek redress through the Grievance Redress mechanism for which a local NGO will be established to handle all issues related to grievances before running for official channels to address concerns. If a PAP still has an issue, he or she may initiate litigation in Courts. Institutional Responsibilities MoPWT has ultimate responsibility for the implementation of all project components along with the Water Sector Project Implementation Unit (PIU). A committee composed of PAP-NGO-Project Authorities will be constituted to be immediately responsible for overseeing the implementation of the RAP. Water PIU will work with other institutions such as local NGOs to ensure successful implementation of the RAP. Durres Municipality (Durres Water Utility) is the final beneficiary of the project implementation. Conclusion on Environmental Assessment Taking account of possible environmental mitigation measures to address the potential environmental impacts related to the construction and operation of the Durres Water Pipeline, no obstacle is foreseen to the realization of the pipeline in the selected location. However, if such impacts that may affect people are unknown at the present but may be caused by the project in the future (e.g. water level for wells dropping or some other issue adversely affecting people), these will be addressed within the GRM, which is the mechanism that can alert project and if they occur a time bound plan will be developed to deal with them. Monitoring and Evaluation MoPWT will coordinate all monitoring activities. Internal monitoring will be undertaken by Water PIU to ensure that activities in the implementation schedule and principles of the RAP are implemented. Budget The overall cost for compensation under this is 5,446, ALL, of which 4,246, ALL is the estimation for compensation and resettlement. The implementation cost of this RAP will be covered by the Government of Albania. A breakdown of the budget is given in the report, Section Implementation Schedule The implementation schedule for major activities has been prepared. The schedule includes a time frame from disclosure of the RAP to the monitoring and evaluation of project implementation. Disclosure The RAP will be disclosed by MoPWT, which will make hard and soft copies available to stakeholders and distribute it through the official website. Conclusion The construction of a new water pipeline will improve the flow of water provided to Durres city and its suburban areas. There will be no off-take water in any community where the new pipe passes. It will be reassured that all rural communities where the pipeline will be established will be fully supplied with water. While, the communites along the existing water pipeline will be supplied by the old pipeline to its full capacity (24h). With the implementation of mitigation measures, the overall social impacts of the project will be minimal. After building the new pipeline, the situation of water supply services and illegal connections in the old pipelines should improve. Therefore, it is the task of the regional directory who manages the water supply in Durres to reduce / control any illegal connection, following all legal provisions. As far the communities where the new water pipeline will 11

12 be established, from pipeline route adjustments to the well fields in Milot commune, it was identified the need for constructing a conjuction from the main pipeline to supply with water affected communities of Fushe Milot village. In the event of any future adjustment to pipeline routing, the Project foresees the provision of water supply connections in conjunction with the pipeline to supply them with potable water. Furthermore, the project will assist the communities affected by the construction of the new water pipeline in widing their village roads, revegetation, as well as other workings, to restore their affected land for expropriation. 12

13 1. INTRODUCTION 1.1 Project Background The main aim of the project is to construct a new water supply pipeline from a well field located at Milot commune to the city of Durres, a distance of approximately 65 km. The pipeline will provide reliable water service to the city. The existing pipeline will be reallocated to provide reliable water supply to villages and communities located along the existing right-of-way. The project will also support critical improvements to the Durres waste water system. The overall activity is based on the standard principle that the population affected by the project will be assisted to improve their former living standards, if project impacts adversely affect their income streams. Involuntary resettlement will be avoided or minimized where possible in project designs; where displacements are unavoidable, people loosing assets, livelihood or other resources shall be compensated at replacement or market value, as appropriate. The Durres Social Assessment contributes firstly to the preparation and implementation of a Resettlement Action Plan (RAP) for the new pipeline and waste water system improvements, as well as possible localized impacts from the supply of community water tanks and associated infrastructure. Secondly, it provides a Social Assessment Report (SA) including a social and economic analysis of communities to be served with reliable water service by the existing reallocated pipeline to help them ensure optimal and sustainable management of water provision service Project Purpose The RAP is designed to comply with international best practices for involuntary resettlement; to this end the consortium DRN & ACER bind themselves to the World Bank principles. The main goal of the RAP is to ensure that the World Bank guidelines and procedures are adhered to in the management any adverse impacts that might occur to ensure that project-affected persons (PAPs) along the pipe line will not be adversely affected due to land acquisition needs of the project. The Resettlement Action Plan (RAP) ensures that any losses are addressed and that, as necessary PAPs are assisted to restore their living standards and income. The main objectives of this Resettlement Action Plan are: To mitigate the adverse impacts associated with the resettlement; To deliver the entitlements to the PAPs; To maximize the involvement of PAPs and community members in all stages of the implementation of the RAP, and; To ensure that the standard of living of PAPs is improved or at least restored by way of better access to services and facilitation of community action Guideline for a Resettlement Policy Framework The World Bank Operational Policy on Involuntary Resettlement requires that environmental and social impacts of all it supporting projects should be mitigated according to operational polices that spell out the principles and planning methods for mitigation work. This applies whenever property must be acquired, or its use modified, for a project, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary whether the occupation is legal or illegal. Resettlement of PAPs in the project zone will therefore be carried out accordance with the Laws of Albania taking into consideration the World Bank Involuntary Resettlement Policy. 13

14 The Resettlement Policy Framework (RPF) is consistent with the World Bank policy (O.P 4.12), on Involuntary Resettlement and serves as a guide for the preparation and implementation of Resettlement Action Plans (RAPs), which may be needed to redress impacts on affected people where land acquisition is associated with specific sub-projects undertaken in the Project. It is unlikely to physically or economically displace people, but just in case the same resettlement policy framework will be applied if there are unanticipated impacts on people later during project implementation. The Ressetlement Policy Framework is in Annex 3 of this document Planning Principle for the Ressetlement Action Plan The main objectives of this Resettlement Action Plan are: To mitigate the adverse impacts associated with the resettlement of the water pipeline To deliver the entitlements to the PAPs To maximize the involvement of PAPs and civil society in all stages of the implementation of the RAP and To ensure that the standard of living of PAPs is improved or at least restored by way of better access to services and facilitation of community action. The RAP contains the details on how to ensure that WB principles can be implemented. There are different categories of expected project impacts, including loss of property and assets, loss of livelihood, and other social and economic impacts on communities. All people, households and groups adversely affected by the project would be registered and they will receive a support. Loss of assets and livelihood represent direct project impacts on an identified population. The project monitoring and evaluation will compare long-term impact against baseline socio-economic data. Collective impacts on groups represent indirect impacts, where group members need not be individually registered. The support mechanisms will be collectively oriented, and the monitoring of these efforts will examine the impact and benefits for the groups involved. It was carry out a Social Assessment in communities to be served with reliable water service by the existing reallocated pipeline and the new water supply pipeline to help ensure optimal and sustainable impacts. A separated report undelines the main findings of social assessment alonf with its subcomponents, such as: a) identification of any potential social issues, negative impacts, or risks related to the project; b) identification of measures that may be needed to help mitigate those impacts or risks; c) establishment of baseline data for social monitoring and evaluation; d) identification of measures that the water supply provider may adopt to strengthen its consumer orientation and improve its interactions with service users. Finally, it was needed to elaborate a complete description of funding arrangements for compensation and restoration costs, administrative and technical costs, including the foreseen flow of funds Water Pipeline The proposed water pipeline will be constructed from Milot Commune (well fields) to Durres City (water reservoirs). The water pipeline will require a land path for its construction of 2,5m width during all its length, except in those cases crossing the water areas and overpasses (river, and bridge). The required width of land for construction of the water pipeline has been calculated for the purposes of land expropriation surface for each PAP. The water pipeline allignment is required to ensure the safe construction, maintenance and operation. Farming activities can be resumed after the construction Route Selection The final route was selected after exploring different options and based on findings of the hydro geological report (prepared by another consultant). Necessary adjustments to the water pipeline route were made on due time and respective reviews are reflected also in this RAP and RPF document. In addition to cost and engineering factors, the route selected kept to three basic principles: avoidance, 14

15 minimization and mitigation. The final route selected was the eastern option, which is closer to the coast. The other option was to run parallel to the existing line, which now traverses more populated and residential areas. The eastern option is considered the best and most cost-efficient for a number of reasons: agricultural land is affected to a minimum, interference with and land acquisition from businesses and households is minimal. The revision of location establishing the wells (from Mamurras Municipality to the new location of Milot Commune) reaasures the quality and quantity of water necessary for the optimal operation of the water pipeline Scope of Work RAP ensures that the land losses incurred along the water pipeline will be addressed and where needed, PAP will be assisted to develop their social and economic potential, so as to enable them to restore their living standards and income. RAP ensures that the affected people are, at a minimum, not worse off than they were before the project came to place Methodology The methodology used by DRN and ACER included a participatory approach of both qualitative and quantitative data, where public meetings were organized and key informants were interviewed. The methodology used for the preparation of the RAP is described below: Consultation with the affected people along the proposed line was done as part of the participatory approach. Socioeconomic surveys of all the direct and indirect affected people (including new project site area and existing water pipeline areas). A comprehensive questionnaire for data collection was developed, whereby it captured the following information: household bio data, livelihoods, and infrastructure inventories including land, properties, and social services infrastructure, with a major focus on water quality, water use, management and billing. Cadastral and Orthographic maps that identified features as population settlement, infrastructure, water resources and land use pattern. Analysis of survey and studies to establish compensation parameters, to design appropriate income restoration. GPS was used to help in identifying the affected structures and persons along the proposed line from Milot to Durres City. Assets Inventory was used to show lost and affected assets at the household, enterprise and community level. 15

16 2. RESETTLEMENT AND COMPENSATION PLAN 2.1. Project Area Description Durrës is the second largest city of Albania. It is the most ancient and one of the most economically important cities of Albania. It is located on the central Albanian coast, about 33 km (21 mi) west of the capital Tirana. Its overall surface lays on approximately 455km square. Durres and its surrounding communes have a total population of about 300,000 people 3 (Durres town only counts 206,254 inhabitant INSTAT 2010 data 4 ), from whom 33.6% are rural population. It spreads on the north with the ring of Durres, in east with highway Tirana Durres. It is the main port city and also one of the tourist destinations in Albania. As a result, Durres population increase during peak tourist seasons by up to 35, The city is bordered by the district of Kavaja about 20 km to the south, with a population of about 55,000 people, as well as other municipalities including Shijak, Sukth and Manza Durrës Municipality Durres municipality is composed of six administrative units, where the sixth is an informal eastern suburb of Durres known as the ex-swamp s zone with a surface of 15.6km2 with over 59,000 inhabitants (2007 estimate), and where there are settle about 70% of businesses. After the political aftermath of the early 90s, Durrës has been faced with large masses of population being settled in the informal zones, with more than 30,000 inhabitants 3 having moved from different parts of the country since Overall, Durres has a very good geographical location, which makes its comparative advantage to further develop social and economic conditions, such as: Secured infrastructure; Satisfactory access to the port, airport, railway, road network etc; Clear property titles; Qualified and very competitive working force; Operates in a regional market context (CEFTA) Effective use of these economic advantages and attraction of private investors depend very much on the quality of local governance, the services provided and quality of the local policies that are developed and implemented. These have an impact upon the infrastructure of the services available for businesses, such as electricity and water supplies, transportation, telecommunications, waste management and urban planning, especially when considering that most businesses operating in the Durres municipality are micro, small- or medium-sized which depend greatly upon the quality of services offered by the local government. The proposed Fushe-Kuqe Durres water pipeline commences from the Milot commune (Fushe Milot village) and across other communes to end in Durres Town. The whole area which goes through the water supply footprint almost have the same kind of use of agricultural land in cultivating grain and livestock feed. A part of the area is pasture, which are of commune property. Most of the water supply line for the city of Durres is projected to pass by the actual local/rural road network system. The main products produced in this area are wheat, corn, tomatoes, and various fruits. Most of the land is irrigated. 3 COWI Final Design Report 4 The latest CENSUS - Albania 2011 should provide an updated demographic data, but INSTAT has not published yet the population per district, municipalities or commune, but only per regions. Therefore, for the purpose of this report we based our assumptions on 2010 data. 5 COWI Final Design Report 16

17 Table 1. Project Affected Areas as per population, administrative units and location Durres region Villages Population Durres city; Shkozet; Durres Beach Manza Municipality Sukth Municipality Patok;Gorreja;Adriatik 206,254 Final destination Hamallaj; Armath; Shkalla; Kucok; Rada Vardarth; Kulla; Perlat; Rrushkull; Hamallaj; Adriatik; Erzen; Fshati Rinia; Hidrovori 11,184 26,400 Distance from Transmission Sytem 20.7 up to 26.1 km along the Fushe Kuqe Transmission Main 23.3 to km 34.0 close to the transmission main Rrashbull Commune Shkallnur; Arapaj; Xhafzotaj 28,159 In the south end of the Fushe Kuqe Transmission Main Xhavzotaj Commune Xhafzotaj (fshati); Arapaj directly on the Tirana Durres Road Katund i Ri Commune Juba; Qerret; Fllake 15,801 Ishem Commune Kurate; Kertushaj; Kapidani; Likmetaj; Biza; Drac; Shetaj; Lalez; Gjurica 27.3 to km 34.0 along the western part of the transmission main 8, to 18.0 km along the main Milot Commune Fushe Milot village 13,207 0 to 15 km along the main 2.2. Resettlement Sites During the field study, the consultants observed that the proposed water pipeline site from Milot Commune to Durres town (municipality) is likely to have a positive impact on households, developing local infrastructure and protecting natural resources. The below sections provide some basic information on socio-economic situation of the project sites Durres Municipality, Administrative Unit No.4 The project implementation targets the administrative no. 4 of Durres Municipality, Spitalla area. The below table provides the main socio-economic data relevant for the resettlement site. From 181 households, 138 of them receive Economic Aid, from the state budget and 43 of them receive Economic Aid from the Municpality Budget. From 545 individuals receiving economic aid, 211 benefiting aid are children and 334 are Head of Households and other members of HH in active age for work. Table 2. Social Indicators of Durres Municipality (Spitalla project affected area) Municipality of Durres, Administrative Unit No.4 (Spitalla) Total Total Inhabitnats (From which women) Total Households No. of Households with Economic Aid From these Women Head of HH 59 2 HH with Dissabilities People 482 No.of individuals with Economic Aid No. of Dissables from Work 782 No. of Schools 2 (basic education = 9 years of eduation) No. of Health centers 1 17

18 Milot Commune 6 The commune covers an area of 138 km ² and is bounded on the north by the Municipality of Rubik, in the northeast with the commune of Ulëz, in the northwest with commune of Zejmen, in the southwest with the commune of Fushe Kuqe, in the south by the Municipality of Lac, southeastern with the commune of Cudhinit, and southwest with the Municipality of Mamurras. The commune is a local government unit of Kurbin district, and is included in the region of Lezha, and the town of Milot is known as the center of the municipality. Milot is located 45 km away from the capital and is a link to all the provinces of northern Albania Northeast as national road junction. Milot is located 65 km away from the port of Durres, 20 km away from the port of Shengjin, 40 km from the airport "Mother Teresa", 20 km from the Shengjini beach, 14 km away of Patok beach. The territory of the commune is diverse; in the western part is flat with low quote above sea level areas and in the eastern part is hilly-mountain in the whole area of mountain villages in a quote up to 700 meters above sea level in the easther. Field area includes the town of Milot and Fushe Milot villages. Milot commune has a total area of 2272 ha agricultural land while arable land is 1966 ha, about 306 ha of land in the territory of the commune, mainly in hilly and mountainous area, are counterproductive. Reconstructions were performed in the irrigation network, but for various reasons the irrigation network is not fully operational. Population Milot commune, according to official data (December 2010), has a population of inhabitants. Milot commune has a north-south length of 8 km, 17.2 km east-west. The commune has in its territory 14 villages of 8873 habitants, and Milot town 4334 inhabitants. Population by settlements nowadays Table 3. Social Indicators of Milot Commune (project affected area) No. Milot Inhabitants 1 Milot town Skuraj Mal Milot Fushe Milot Mali i Bardhe Gallate Selite Gernac Vinjoll Shullaz Shkopet Ferr Shkopet Delbnisht Prozhme Source of data: 18

19 Sukth Municipality The Municipality of Sukth is positioned near the two most important cities in the country, Tirana and Durres. The vicinity to the most industralzied areas, has been the reason to attract the households to migrated from the msot deprivated areas such as north and northeast of Albania, starting in 1990 to Sukth. As a result of these internal migratory flows, the Municipality of Sukth is undergoing a major demographic change, which is already reflected in composition of the population currently living in this municipality. The Municipality of Sukth population is distributed in seven villages: Sukth is the largest city where the population is focused the most and also the administrative center of the Municipality, while other villages are Vadardha, Rrushkull, Perlat, Kulla, Hamalla and Hidrovor. Nowadays, the Municipality of Sukth has an area of hectares, with about inhabitants and households approximately. The total surface area with construction is m2. About 73% of the area consists of one-storey buildings, 16% are two-storey buildings and 11% are three-storey buildings Ishëm Commune Ishem Commune lays in the western lowland in the triangle Tirana - Durres Kepi Rodonit. It has a coastline approximately 26 km, including the Lalëzi bay and Ramshpati bay. At this length it is included Kepi Rodonit. Ishëm Commune is an administrative part of Durres region and it is located at the north of its territory border (as territory) from the river Ishëm in the north and in the south of Tarini River. It has a total area of ha border to the southeast by the commune of Preza, and on the west by the Adriatic Sea, while in the east with the municipality Kruja and Thuman commune. Ishëm commune consists of 10 villages: Kuraten (Shkafanë), Lalëz, Likmetaj, Kërtushaj, Kapedanaj, Gjiricaj, Rrotull, and Draç e Fushë-Draç, Shetaj dhe Bizë. Population Overall the population is autochthons and in recent years has been associated with population mainly coming from the east of Albania. They are located in the western area of Ishmi, mainly in the lowland and coastal areas. With the exception of the village Kuratën (today Shkafanë) and village Lalez Rrotull, which have heterogeneous composition of the population these two villages have higher economic development. Other villages are associated with lower development. The number of inhabitants of the Ishmi coomune is 8.324, of whom are males and females. There are about households 7. Table 4. Social Indicators of Ishem Commune (project affected area) No. Ishem Inhabitants M F HH No. 1 Lalëz Bizë Draç Shetaj Likmetaj Kapedanaj Gjuricaj 1, Kuratën (Shkafanë ) 1, Kërtushaj Total 8,324 4,220 4,104 2,178 7 Development Plan of Ishmi Commune in the framework of the Project Working with the Community III, financed from CEB and implemented by the Albanian Development Fund, June

20 Migration the movement of population in the context of free movement is highlighted in two directions: (i) The movement of population from the traditional centers of residence toward the coast, such as Lalës-Rrotull, Kuratën-Shkafanë, Bize -Fushe Bize, Shetaj - Fushe Drac. (ii)movement of Ishmi towards the large urban centers like Durres, Tirana and Fushe Kruje, Lac. Buildings, household units, residential apartments and the population by Municipalities and Communes with over inhabitants preliminary results: Table 5. Social Indicators of other project affected area (Sukth Municiplaity, Xhavzotaj Commune) Munic./Commune Buildings Dwellings Households Persons Males Female Sukth 4,360 6,102 4,046 16,516 8,248 8,268 Xhafzotaj 3,693 3,848 2,958 11,789 5,887 5, Fushe Kuqe Commune The territory of Fushe Kuqe commune is located in the northern part of western lowland. The commune is situated 50 km away from Tirana, It is located 31 km north of Durres 8. It has under its administration five villages, which are: Gurez, Adriatic, Fushë Kuqe, Gorre, and Patok. All commune population consists of 8664 inhabitants. Most populated zones are Gurez and Adriatik villages, where are concentrated 51% of the population. While less populated zone is Patok village, where the population does not exceed 1,000 inhabitants. Distribution of population per village is given in the table below. Table 6. Distribution of the population by village No. Village Population Female Male Total 1 Gurez Fushe Kuqe GORRE PATOK ADRIATIK COMMUNE (total) A feature of this commune is the phenomenon of emigration in Western countries. The total number of people who have emigrated abroad amounts to Agriculture and livestock are the main economic activities of the commune; however another perspective sector of economic development is fishing. This area has favorable conditions for the development of agriculture, due to high potential of energy and water sources. Based on the latest hydro geological report, drafted by another consultant the Fushe Kuqe wellfield will not be considered any longer for the new water pipeline. However, it is reassured that the new proposed location (MIlot Commune) provides sufficient quantity of water to establish the six planned wells People Affected by the new water pipeline The people living along the vicinity of the proposed project water pipe line and around the pipe will not be affected directly by the construction of this water supply. In cases where it has not been possible to avoid the expropriations of agricultural lands, the farmers will be compensated for their 8 COWI 20

21 land taken. This project has direct impact on PAPs, who will be expropriated for a specific portion of their agriculture privately onwed land, to be acquired for the construction and functioning of the new water supply system for Durres city. Also, the project will affect indirectly all the communities (villages) where the existing water pipeline passes, as this will be reallocated and serve in the future to provide these areas with better water supply services (currently this is provided on few hours bases) Efforts to Minimize Displacement During the final design of the project, the Water Project Implementation Unit will ensure that the densely settled areas where the water pipeline passes are avoided as much as possible to land expropriation. In waste water system improvements, project part funded by EU, consideration of technical options shall include an assessment of the need for land acquisition, so that design alternatives effectively minimize resettlement impacts. RAPs will document alternatives considered and selected in this regard. The same resettlement policy framework will be applied if there are unanticipated impacts on people later during project implementation Mechanisms to Minimize Displacement during Implementation Mostly the water pipelines will follow road corridors and there are very limited compensation requirements. The section following roads adjacent to conservation areas will accommodate wildlife movement in their design and mitigate visual landscape intrusion and avoid unnecessary tree cutting or displacement of people Affected Properties by the Project s Footprint According to the study conducted by DRN ACER in 2011 and 2012, approximately there are 28 families with 137 HH members that will be affected by the proposed project. Allocation of Agricultural Land Although the water supply project passes through some parcels of agricultural land that will be compensated by the state, farmers will be able to use their land again after the completion of the project implementation and get benefits from it, but they won t be unable to build over the water supply pipeline construction. Table 7. Affected Properties as per Land Size, HH number and total no. of residents Nr Affected Properties Size of land in m2 No. of households Total No. of residents 1 Milot Commune Fushe Kuqe commune Ishem commune Sukth municipality Total ) Milot Commune The proposed water pipe line starts near two existing wells supplying with water the existing supply lines of the Milot town and Milot commune. Brief description of the area Arboriculture is individually cultivated in almost all the villages from farmers, both in the plains, and in the hilly and mountainous. areas. The areas where fruit trees grows occupy 118 ha, of which 103 ha trees and 15 ha vineyard. In the area grow the medicinal and aromatic plants containing getter and 21

22 essences. Medicinal plants that grow in this area are: sage, thyme, camomil, tisane, mountain tea, strawberries, poppy. Also, there are some spontaneous plants of nutritional value for livestock forage. In this area are anticipated opening of the water supply wells, and based on hydro geological data and number of wells necessary to meet water needs there are projected 6 wells. Land Size for compensation The total area to be expropriated in this section is 125 m2 for each PAP and in total for this segment is 750 m2. Table 8. Milot Commune Land Size for Compensation Item Quantity Compensation Cost Land 750 m2 787, ALL The land size needed to be expropriated for the construction of a well, independently the plot location, is estimated approximately 125 m2 9. Coordinates of the wells are given in the table below. Table 9. Wells Coordinates in the Milot Commune Well No. X (UTM) Y (UTM) FM FM FM - A FM - B FM - C FM - D The number of residents affected by the construction of local water supply for this unit is 26 (6 households) of these 14 or 54% are female and 12 or 46% are male. On average, the price for m2 in this territorial unit is estimated to 10 $ or 1050 ALL. The expropriation area for all households belonging to the Commune of Milot territorial unit is approximately equal. In the summary table there are presented the total expropriation surface for each PAP based on Census-survey held with PAPs. Table 10. Milot Commune Land Owners Head of Households Surface Type of Land (well no. FM - 1) Zef Nik Tom Kola 125 m2 Agriculture land (well no.fm - 4) Frrok Kol Marku 125 m2 Agriculture land (well no.fm - A) Ndue Lazer Mehilli 125 m2 Agriculture land (well no.fm B) Sahit Veseli 125 m2 Agriculture land (well no.fm C) Dervish Zenel Haxhiu 125 m2 Agriculture land (well no.fm D) Murat Hasan Veseli 125 m2 Agriculture land (well no.fm E) Nezir Sali Ymeri 125 m2 Agriculture land Provided by COWI preliminary study there were identified 6 areas, where there will be constructed the new well fields. 2 out of 6 are already in place (existing wells), while in 4 sites there is agriculture land without any settlement and free to be used for construction purposes. As per reference to the COWI map, the wells to be used are: Alternative 1 - FM1, FM4, FMA, FMB and Alternative 2: FMC, FMD, FME (to be used either FMB or FMC). 9 As per project design (COWI) and confirmed by Water PIU. 22

23 FM1 FM 4 FMA FMB FMC FMD 23

24 FME (existing station) There are two intersections with the highway Fushe Kruje Milot: the first is completed by inserting the pipe DN 700 into the existing culverts DN 1000; and the second by shifting the tube below the bridge. 2) Fushe Kuqe Comune Brief description of the area Also, in the Fushe Kuqe commune the agricultural land has more or less the same characteristics and usage. The agricultural crops that are used more in this area are cereals, and fodder for animals and fruits and vegetables to small farm units. The terrain is flat and completely water irrigated. Land Size for Expropriation In the Fushe Kuqe commune the water pipe line affect the properties of three households with a surface area to be expropriated of 537 m2. The price of land according to data received from farmers, whose land was affected, is 8 $ or 840 ALL/m2. Table 11. Fushe Kuqe Commune Land Size for Compensation Item Quantity Compensation Cost Land 537 m2 451, ALL 24

25 Based on data obtained from the census questionnaire results that 3 households are to be affected by the construction of water supply pipe lines, composing of 13 people, of these 5 or 38% are female and 8 or 62% were male. The price of land for m2 in this area is on average 840 ALL. While, the expropriation cost for this segments is 451, lek. The division of expropriation surface according to households is as bellow: Table 12. Fushe Kuqe Commune Land Owners Head of Households Surface Type of Land Lec Marashi 250 m2 Agriculture land Nikoll Gjeci 100 m2 Agriculture land Kanto Gjeci 187,5 m2 Agriculture land 3) Ishem Comune Brief description of the area The area where the water pipe line passes in the Ishem commune is coastal zone, and most agricultural land is in the service of tourism, such as fruits and vegetables, livestock and for building apartments for tourism purposes. Land Size for Expropriation A total area of agricultural land to be expropriated for purposes of construction of new water supply for the city of Durres in the respective are called Lalezit Bay village is 1850 m2. In the Ishem commune the water pipe line affect the largest number of households throughout the length for its establishment from the Fushe Kuqe area to Durres city. Table 13. Ishem Commune Land Size for Compensation Item Quantity Compensation Cost Land 1850 m2 2,913, ALL The total number of households affected in this area is 18 including 90 inhabitants (household members) of these 40 or 44% are female and 50 or 56% were male. 25

26 The price per square meter based on data provided by the Census questionnaire, results to be on average 15 $ (1575 ALL). In total the expropriation costs of the total surface area for this segment is 2,913, ALL Table 14. Ishem Commune Land Owners 10 Owners Surface Type of Land 1.Tofik Llleshi 150 m2 Agriculture land 2.Besnik Bregu & Petrit Ruka 62,5 m2 Agriculture land 3.Artan Dyrmishi 68,7 m2 Agriculture land 4.Leonard Buda 143,75 m2 Agriculture land 5.Idri Metollari 37,5 m2 Agriculture land 6.Tatjana Gjepali 37,5 m2 Agriculture land 7.Shpresa Nasi 37,5 m2 Agriculture land 8.Lulzim Kastrati 75 m2 Agriculture land 9.Oriola Kuci 50 m2 Agriculture land 10.Refik Cela 62,5 m2 Agriculture land 11. Mitat Hebibaj 62,5 m2 Agriculture land 12. Ndue Jaku 93,75 m2 Agriculture land 13. Edlira Hamataj 381,25 m2 Agriculture land 14.Hariz Piluri 125 m2 Agriculture land 15.Luan Saraci 81,25 m2 Agriculture land 16. Saimir Gjepali 62,5 m2 Agriculture land 17. Mahmut Balla 37,5 m2 Agriculture land 18. Shpresa Sofija 281,25m2 Agriculture land 10 Find in the appendix the cadastral Map for expropriation area in Ishem commune (Lalez village / Gjiri Lalzit). 26

27 4) Municipality of Sukth Brief description of the area The area of Sukth Municipality (Hamallaj village) has similar characteristics with the commune of Ishem as far as the land use is concerned. The zone where the water pipeline is passing by is a coastal are and the most of the agriculture land is used for tourism purposes, constructions, livestock, and cultivation of fruits and vegetables. Land Size for Expropriation There is one household which is affected by the expropriation of the water supply pipeline, and the respective surface is 350 m2. Table 15. Sukth Municipality Land Size for Compensation Item Quantity Compensation Cost Land 350 m2 294, ALL In this territorial unit, the respective household affected by the expropriation is composed of 9 members, from which 2 are females and 7 males. The price per m2 as per data collected through Census questionnaire is 840 ALL m2. In total the expropriation costs for this segment is 294, ALL. Table 16. Sukth Municipality Land Owners Owners Surface Type of Land 1.Faik Sefaj 350 m2 Agriculture land 5) Summary Table of Expropriation The total costs of expropriations of the affected properties in all the segments where the water pipe line is going to be reallocated, based on map price (government decision) price calculation per net incomes per hectares, IPRO data, real state agent etc. is 7,858, ALL. Table 17. Total Land Size for Compensation Area Item Surface Compensation Cost Milot Land 750 m2 787, ALL Fushe Kuqe Land 537 m2 451, ALL Ishem Land 1850 m2 2,913, ALL Sukth Land 350 m2 294, ALL Totali Land 3487 m2 4,246, ALL The following Map provides the expropriation zones. 27

28 Figure 1. Map of Expropriation Zones 28

29 2.7. Inventory of Affected People The inventory table is the table filled out with the owners name per each property surface to be expropriated and compensation rates. The data provided in this table are provided by the Censussurvey completed with the respective owners and the correspondence with the Immovable Propoerties Registration Office (IPRO), as much as it was possible. For compensation rates refer to the Methodology on the Evaluation of the Expropriated Land in Annex 2. Some missing data on land owners contacts will be filled in later upon RAP disclosure. It has not been observed any need to take a land surface for temporary use for the project realization. With respect to the current inventory of PAPs (reviewed upon final pipeline route design) the consultant identified finally those PAPs whose data was missing, such as: the cadastral number of their land registration at the Immovable Properties Registration Office (IPRO), their total land area on ownership, etc. This information was completed also with the revision of PAPs list from Milot Commune (6 private land owners), where the wells will be established. The consultant hold additional meetings at commune of Milot with the representative of the office for land administration (cadastre), received his official verification on the land ownership for the identified owners and conducted a site visit to meet with the affected population. (See official correspondence in Annex of this Report). However, IPRO did not find any records of land registration cadastral number for 3 out of 28 PAPs, who reside in Fushe Kuqe commune. Upon an official communication with the consultant, IPRO responded that the Fushe Kuqe / Adriatik zone is not updated in the IPRO registration system, which means that residents property titles are not registered with IPRO. Currently information on the titles can be obtained only at the local government units, which in this case is the Commune of Fushe Kuqe. In this regards, the consultant confirmed through the Commune cadastre office (for administration of land) PAPs land ownership status. In addition, the consultant contacted the company who is implementing the IPRO registration process of property titles in these areas 11 and doubled checked that all of 3 PAPs have full legal rights on their property land and their land is registered in the Commune cadastral maps. Finally, as the IPRO process of registration is ongoing, respective land expropriation process will follow based on the commune of Fushe Kuqe cadastral infomation Entitlement Matrix The table below provides additional information on the entitlement categories for the unilateral expropriation for the public interest provided by the Government with some sublegal acts, concretely with Decision no , dated of the Council of Ministers, Decision no. 653, dated of the Council of Ministers and with the Decision no. 139, dated of the Council of Ministers. 11 Official communication via , on 27 December 2012 of the Technical Director Mr. Elton Thanasi representing CSI Piemonte, to the Attn. Mr. Rezart Turdia, IPRO Director of Project Planing and Monitoring Department. 12 As for the contacts details of PAPs, it was respected their request not to publish their contact details. 29

30 Private Property Owners Directly Affected by Project Land Needs Table 18. Entitlement Matrix Category of PAP Type of Loss ENTITLEMENTS Definition Type of Impact Entitled person Compensation for loss of Assets Cash compensation for affected land equivalent Agriculture Occupier/title Physical Asset to the market Land holder (3487m 2 loss value/assumptions of the ) (28) property sufficient to replace the lost assets and cover transaction costs. Informal land users (squatters) Are those who have no legal title on land ownership (resident living on site) Loss of standing crops and trees Loss of houses, business or structures Loss of shelter or place of business Crops Loss Productive trees loss Houses, business or structures Structure loss From Census none has been identified From Census none has been identified None indetifed From Census none has been identified Replacement value of Standing crops purchased at market cost in scarce season Replacement value equivalent to purchasing cost for a new tree, labour, and lost of income until the tree becomes productive Cash compensation based on expert assessement for replacement cost and selvage material Cash Compensation at full replacement value for structure (but not the land) Compensation for loss of Structures 13 4,446, ALL Not expected N/A N/A N/A N/A Not expected, however in any event compensation at full replacement value not depreciated Not expected, however in any event compensation at full replacement value not depreciated Not expected, however in any event compensation at full replacement value not depreciated Not expected. However in any event, assistance by shifting to another place and replacement of structures in lieu of compensation will be provided. 13 During Census, there were no cases identified who claim loss of structures, such standing crops, trees, etc, or squatters claiming for structure compensation, however in any event identified during project implementation for categories of PAPs losing structures, a remedy based on Albanian Legislation must be applied. 30

31 31

32 3. VALUATION AND COMPENSATION 3.1. Definitions The affected persons and type of properties are described above. Let s resume the compensation package for each of them. Lack of title/ permits: Where it occurs, expropriation could involve the loss of land, shelter or other sources of income. Since not all sub-projects and any consequent impacts, are known at project preparation stage, this RAP includes consideration of possible adverse impacts from loss of shelter and relocation, as well as loss of assets and/or income (livelihood). As indicated in the criteria for eligibility to receive compensation, these will include those people who are occupying or using the affected land, but may not carry documentation indicating formal or recognizable legal rights to the land or permits for buildings. Loss of Income: If less than 10-20% of an individual s land holding is adversely affected by the land acquisition process for a particular sub-project no significant loss of income is expected and impacts can be generally considered to be minor. In these cases, compensation will be provided as detailed in the following table. However, if affected people suffer loss of income through loss of more than 20% of their land holding, income reduction is likely and income restoration assistance will be provided if required. This will take the form of Rehabilitation Assistance meaning assistance comprising job placement, job training, or other forms of support to enable displaced persons, who have lost their source of livelihood as a result of the displacement, to improve or at least restore their income levels and standard of living to pre-project levels. Loss of Structures: It is not expected that there will be any residential or other structures that will need to be acquired in the project site. However, in the event that there are structures (barns, kiosks, small commercial buildings etc.,) that will need to be demolished, depreciation will not be used while calculating the compensation payable for affected structures, and affected people will be able to replace their structures with the compensated amount. Loss of commune s properties: As above mentioned, there are some land parcels which are communal properties which have to be expropriated and put at disposal to the project. In this case the Council of Ministers is obliged to compensate with the market price when the property is going to be transferred. The legal situation is explicitly provided by law nr , dated On Territorial planning (art.67) Compensation Rates Adequate compensation rates have been drawn by the consultantbased on the prevailing market rates of the affected facility in the RAP document. The established compensation rates have been applied throughout the project components with consistency in the respective project phases with allowances for adjustment for a case of the staggered compensation payments. Please see for more details Annex 2: Methodology on the Evaluation of the Expropriated Land Restoration Strategies, Change in Livelihoods and, Variation with Area of Impact The restoration strategies applied by the proponent to ensure income restorations to the affected communities revolves round compensation. The overall objective of the adopted strategies is to ensure no negative change in the livelihood of the affected persons and their respective activity. The strategies aim at livelihood promotion through various economic incentives to the affected. 32 P a g e

33 Land based Compensation Land based compensation option is not provided according to the Albanin legislation in force. Based on site observations and the Census survey conducted with PAPs, it results that none of PAP is loosing more than 20% of their land plot. In addition, the expropriated land is still economically viable for farming and agriculture activities. Therefore, there is no land for land choice needed or applicable for this RAP. Based on the RAP findings and Albanian legislation criteria, PAPs were consultated and gave their agreement on cash compensation as the best applicable compensation method Cash Compensation The cash compensation option is provided by Albanian Law. PAPs were consulted and prefer the cash compensation for their land expropriation. In none of the cases PAPs are taken more than 20% of their land. In all the cases, this is cash compensation for agriculture land. The land remains viable after workings for farming and agriculture activities. Compensation rates are calculated in consultation with representatives of affected populations to ensure that rates are fair and adequate; Compensation for land are sufficient to enable affected people to restore their standard of living after resettlement; No compensation for structures is applicable for this RAP. In case of any event, after the time of RAP preparation, this must cover full replacement cost exclusive of depreciation and inclusive of all fees such as construction permits and title charges and labor costs; Compensation payments must be made before any acquisition of assets or physical resettlement takes place unless those payments are staggered to enable affected people to begin preparation of new sites; Compensation for dismantled infrastructure or disrupted services must be paid to affected communities, or to local institutions as appropriate, at full replacement cost, before civil works begin; Compensation for lost earnings must be paid to proprietors and employees for the duration of work stoppages resulting from the relocation of enterprises Risks of Impoverishment To ensure the affected persons are not in any way rendered poor by the proposed project, all categories of affected people, including property owners, their HH members with special regards to vulnerable groups: women and people with disabilities were identified. All types of loss associated with each category above were factored in, resulting that only loss of physical assets (agriculture land) applies for this RAP. Compensation and assistance to each category is entitled, which include compensation for land and assistance for facilitating the vulnerable groups communication and procedures during the expropriation. From the Census-survey data, main PAPs (households members) sources of income are: selfemployment in agriculture/farming (42%), self-employment in a family business (23%), and other employment (local governance, services, etc) (23%), while there is a considerable support from emigrants (remittances). Although, there is a higher percentage of households members who are engaged in agriculture, the analysis of their incomes show that land use is mainly for selfconsumption rather than deriving incomes from selling agriculture products. Their agriculture products are in few cases sold in small local markets. The land plots to be expropriated are under the same conditions, specifically for the land in Sukth, Fushe Kuqe and partly in Ishem zones. (the rest of Ishem commune, specifically Biza village as a very remote and hilly/mountain area is not fully using land for cultivating crops but rather livestock grazing). While, the Milot commune agriculture land plots (six plots) identified to be expropriated are not cultivated. Therefore, we assess that HH income does not vary fully from the agriculture land. This indicates that, their main incomes will not change due to land plot expropriation. In addition, the census surey shows that additional 33 P a g e

34 Villa ge Commu ne/ Name Surname of Owner agriculture land owned by each PAP is another sustainable argument that they will not be worned upon expropropriation, on opposite the compensation could be used to further invest in their other lands for cultivating crops, irrigation, etc. The below table shows PAPs total area of agriculture land and the expropriated land area (m2 and in percentage). As shown, the percentage of land take is not more than 10%. No Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village FusheKuqe/Adriati k FusheKuqe/Adriati k FusheKuqe /Adriatik Well FM 1 Zef Nik Tom Kola well FM 4 Daniel Kol Marku well FM A Ndue Lazer Mehilli Well FM B Sahit Zan Veseli Well FM C Dervish Zenel Haxhiu Well FM D Murat Hasan Veseli Type of Land Total Surface (m2) Surface for Expropria tion (m2) In % Agriculture Land Agriculture Land Agriculture Land Agriculture Land Agriculture Land Agriculture Land Lec Marashi Agriculture Land m Nikolle Gjeci Not cultivated m Kanto Gjeci Agriculture Land m Ishem/Bize** Tofik Lleshi Agriculture Land m Ishem/Bize Besnik Bregu, Petrit Ruka Agriculture Land ,5m Ishem/Bize Artan Dyrmishi Agriculture Land ,7m Ishem/Bize Leonard Buda Agriculture Land ,75m Ishem/Bize Idri Metollari Agriculture Land ,5m Ishem/Bize Tatjana Gjepali Agriculture Land ,5m Ishem/Bize Shpresa Nasi Agriculture Land ,5m Ishem/Bize Lulzim Kastrati Agriculture Land m Ishem/Bize Oriola Kuci Agriculture Land m P a g e

35 19 Ishem/Bize Refik Cela Agriculture Land m Ishem/Bize Mitata Hebibaj Agriculture Land m Ishem/Bize Ndue Jaku Agriculture Land m Agriculture Land Agriculture Land Ishem/Bize Edlira Hamataj Agriculture Land 2337 Agriculture Land Agriculture Land m Ishem/Bize Hariz Piluri Agriculture Land m Ishem/Bize Luan Saraci Agriculture Land m Ishem/Bize Samir Gjepali Agriculture Land m Ishem/Bize Mahmut Balla Agriculture Land m Ishem/Bize Shpresa Sofia Agriculture Land Agriculture Land Agriculture Land m Sukth/Hamallaj Arges Sefaj Agriculture Land m However, the RAP suggests that the expropriated land is still viable economically, and PAPs can cultivate and use it as pasture still after project completion as long as it is not constructed over the pipeline. Therefore, PAPs level of income is not worsen off than before the project, but could even improve as long as the productivity of the remaining plot could be increased with additional cash from compensation of other plots taken. This indicates that, the compensation value for their land loss can help to invest either in buying land in similar conditions (acuire land of equal value) within the commune, or invest in their other existing lands and develop their agriculture activities. Provided that all owners (representing affected HH) have additional land properties in the same commune (agriculture land; pasture; urban land) it reduces to some extent their vulnerability. Compensation rate is considered sufficient to accommodate PAPs needs, especially in remote areas, where land use is only for grazing animals and there is a higher unemployment rate (such as the case of Biza village of Ishem Commune surveyed through Census-survey). There is no evidence of vulnerable groups affected due to project implementation. However, in case of need special assistance to facilitate communication of vulnerable people with the commission for expropriation is provided, in order to facilitate their procedures of land acquisition Waste Water Component in Durrës The same resettlement policy framework will be applied if there are unanticipated impacts on people later during project implementation to the waste water component in Durrës and from the village water systems, as actual project footprints are produced during implementation Estimated Cost of RAP Main assumptions taken into consideration in the frame of methodology are related with: current regulatory framework for land expropriation and its recent amendments; financial analysis on net income stream on the pipeline footprint sites and its neighborhood; 35 P a g e

36 eventual transaction (sales and leasing) on footprint pipeline region. Given the lack of reliable data and limited and incomplete information on land sales it is safer to estimate a range of values rather than a single number as the prevailing land market values. A range leaves room for the accommodation of new and reliable information made available during the contacts with owners and residents or from official sources. The RAP presented hereby, based on all the available sources of information proposed a value of 840 AL or US$ 8 (Fushe Kuqe Commune and Sukth Municipality); 1050 ALL or US$ 10 (Milot Commune); 1575 ALL or US$ 15 (Ishem Commune) for a total land compensation cost of 4,446, ALL, or roughly US$ applicable for a land surface 3487m 2. For more details on the methodology and source of information used for estimation of the RAP budget, see Annex B: Methodology Notes for the Evaluation of the Expropriated Land. The total budget provided below is a provisional figure to act as a guide to calculate the expropriation costs, which depending on the time of project implementation start-up is expected to be up to that level. Table 19. Total RAPCost Estimation No. Budget Items Estimated costs I. Compensation and Resettlement 4,446, ALL II. NGO contracting for RAP implementation 1,200, ALL TOTAL (ALL) 5,646, ALL This sum reflects only the costs of agriculture land 14 to be compensated before due the project implementation starts up. This should be a provisional figure to act as a guide to calculate the expropriation costs, which depending on the time of project implementation start-up is expected to be up to that level. Table 20. Itemised RAP Settlement Cost Estimation Settlement Agriculture Land Size (m2) Price/m2 Value (ALL) Milot , Fushe Kuqe , Ishem ,913, Sukth , Sub-total (I): 4,446, ALL NGO contracting for RAP implementation 1,200, ALL TOTAL (I+II) ,646, ALL Based on the above mentioned, in our judgment, one can conclude that the carried out estimation takes into account market prices, destination use of property to be expropriated, and is supported by the legal framework 15 law for property compensation, respectively, for the evaluation portion of the land expropriated. In these conditions, the proposed price on our part is considered based on arguments to be considered by the public authority responsible. 14 Due to the fact that the footprint passes only by the private property (agriculture land) and public property (local roads), the other items of compensation such as: buildings, standing crops, trees, temporary acquisition are not subject of this estimation. 15 Regarding, the legal reference (item 5 of Decision no. 135, dated on 23/03/2000) was amended by Decision of Council of Ministers no. 872, dated on , was amended and added by point 6, specifing the determination of land prices for areas that will be carried out expropriations for public interest, made by the Agency of Property Restitution and Compensation, as the state authority that provides to interested subjects the concerned prices approved by the Council of Ministers, pursuant to law no. 9235, dated "On Restitution and Compensation of Property" (as amended). 36 P a g e

37 4. MANAGEMENT OF GRIEVANCES 4.1. Consultation with Affected Populations To ensure the interests of the affected persons are fully entrenched in the RAP process and income restoration, the consultant adopted a thorough consultation with the affected persons, representatives of any affected group, any interested group and the various administrative and government departments all through the project area. Some of the meetings have been done in the owner s households and than invited them to participate in the public consultations in the municipality and commune level. Communication with the affected persons, as well as with other communitiy members who expressed interest in the project, will be maintained throughout the implementation to closure phase. Organize Final Workshop with Stakeholders on RAP implementation where all each subproject proponent (Communes and municipalities) and those whose ownership of land will be affected by the expropriation will be invited. Through this workshop the expropriation and its implications will be discussed, in addition to their compensation and greviances rights pertaining to compensation if required. This workshop in anticipated in January 2013 and will be logistically organized by the consultant under the attention of the water PIU. There will be invited all 28 identified land owners to be expropriated and representatives of four LGUs (Sukth Municipality, Milot Commune, Fushe Kuqe Commune, Ishem Commune) and Durres Municipality. Every effort will be made to support PA participation in the consultation workshop, including compensation for travel expenses to be cover by the PIU shout it be necessary. The consultant will invite the former PAPs identified in the previous well field locations in Mamurras municipality in the final workshop with stakeholders, to inform them of the reasons the well field areas has been changed following the revision of the pipeline route based on technical reasons. As some of the land owners might have planned an investment following the notification for expropriation and compensation of their land, they could potentially submit complaints to the project. Therefore, final consultation with the affected owners and/or their households members is considered a mitigation measure to explain them, that the project will neither take their land nor will compensate it as originally anticipated Monitoring of Income Restoration The income restoration strategies aim at ensuring the affected persons are reinstated to their prevailing state at the beginning of the project and adequate measures are in place to assist them progress further. The monitoring process and the responsible parties are as described in the Monitoring and Evaluation section of this RAP document. The key indicators of the performance of the income restoration measures within the restoration strategies adopted are: Measurement of income / poverty variation among the affected persons / households; Conflicts within the affected persons, social, political Description of the Implementation Process The implementation of expropriation activities will be linked to the implementation of the project, to ensure that loss of assets and/or and displacement does not occur before the necessary mitigation measures and resources are in place. In particular, land and related assets will be taken only after compensation has been paid. The implementation process follows the below stages: 1) The beneficiary subject in the expropriation process will be Durres Municipality (Durres Water Utility) (Art. 9 of the Law On Expropriation ) 37 P a g e

38 2) Durres Municipality needs to submit the request with a list of necessary documents to the Ministry of line, which is the Ministry of Public Works and Transport (Art. 10 and 11, of the Law); 3) By the time the MoPWT accepts the request of the entity (Durres Municipality) the MoPWT signs an agreement, which defines the rights and mutual obligations. 4) Within 10 days after the conclusion of an agreement with the entity applying for expropriation (Durres Municipality) the MoPWT following the legal procedure starts the notification procedure directly to each owner of the private property to be expropriated and publish the Request for Expropriation for public interest. Notice of the request for expropriation is done in the Official Journal and in a newspaper with a nationwide distribution, as well as in a local newspaper for a period of one week. A pre-disclosure to all affected land owners could follow in case not all PAPs are identified, so that non residents or emigrants who are not contacted directly could be notified on their land acquisition, compensation method and ammount, and procedures. However, in the final pipeline route design the RAP confirms that all PAPs are identified and are current residents in the expropriation area (Sukth Municipality, Ishem Commune, Fushe-Kuqe Commune, Milot Commune). In the preliminary designed wellfield area (Mamurras Municipality) there were 10 PAPs who were not residing in the expropriation area and living abroad. While, the current private land owners in Milot commune are already informed on the expropriation procedures. The respective communes and municipalities are also contacted and informed officially on the revision of the pipeline route. Therefore, due to the new circumstancies of project design revision there is no need for a pre disclosure phase. If for any reason any of identified PAPs is not residing any longer in the expropriation zone after the cut-off date, but has moved to another commune, municipality, region, or abroad, a notification procedure follows for ensuring that these PAPs are notified and compensated as per the RAP entitlements. The consultant reccommends that an official letter sent by PIU to affected parties should be drafted, stating how the MPWT will treat such cases by use of an escrow account to provide them with specific information on receiving their entitlements. However, the Albanian legal provisions make reference only to Article 6, point 2, of Law On expropriation, according to which the MPWT relies only on the publication of the expropriated land owners list and for those PAPs who even after the publication of the list are still not identified, the MoPWT continues the expropriation procedures and deposits in a bank account the respective compensation amount for each expropriated land owner on his/her name. 5) PAPs affected by the expropriation have the right to complain to the Expropriation Commission of the MoPWT within 15 days from the end of the term of the public notice. 6) Collecting the complaints of the affected owners, and preparing the draft sub legal act for the Council of Ministers. The Commission receives complaints that are based on supporting documents. 7) The procedure will be considered complete, when the owners through a statement approve the transaction of the property in favor of the State. 38 P a g e

39 Within this period PAPs can inform the MoPWT on their acception of the expropriation conditions. By this confirmation the land owner passes its property to state ownership and receives through his bank account the compensation corresponding value. For other land owners, who do not agree with the expropriation and compensation ammount, the Expropriation Commission at MoPWT prepares a draft Decision for Expropriation and submits it for approval to the Council of Ministers. 8) This Decision of MoWPT is finally submitted to the Council of Ministers, who approves it and the Decision enters into force immediately. Also, it will be published in the Official Journal. 9) The affected owners have the right of complaint to the Court withing 30 days from the notification of the Decision in the official journal. If they don t follow this procedure, the decision of the Council of Ministers will be an executive title. 10) The compensation amount is at the disposal of the expropriated land owners by the day when the Decision enters into force, but not later than 3 months from the deadline that the decision has established. Although the Article 19, of Law On Expropriation foresees that the total expropriation value results from the final evaluation of expropriated objects and does not make reference to any potential additions of compensation value, which could result from the eventual Court decision in favor of a land owners, the consultant recommends that a reserve fund is to be provided. The reserve fund, of at least 10% addition to the total, is to be provided to ensure that additional funds are available to respond to any grievances, which could result a higher compensation ammount for land expropriation upon a potential Court Decision in favor of a land owner. The same procedure mutatis mutandis, needs to be followed for other institutions who submit the request for expropriations (communes and municipalities) Arrangements for funding resettlement The overall responsibility for resettlement and expropriation for the Project is under the Council of Ministers. The financial responsibility for the expropriation procedures, including the compensation to be paid, resettlement costs, etc., lies with the Ministry of Public Works and Transport. The Council of Ministers is responsible for issuing the expropriation decision and authorizing the funds required. The land acquisition transfer must be fully completed, and payment made, before any Works can be executed on the expropriated property Responsible Institutions and/or Agencies The following agencies and institution are responsible for the coordination and delivery of each activity in the land entitlement policy: Immovable Property Registration Office for each District in the Project area, under the authority of the Central Registration Office, which are responsible for identifying and verifying property boundaries and ownership. Land Administration and Protection Offices (formerly Cadastre Offices) under the Region, which will clarify land allotment certificates for agricultural land that has not been formally registered and transferred to the Immovable Property Registration Offices. 16 Refer to the legal steps and institutional responsabilities in the RPF annex) 39 P a g e

40 The Communes, Regions and the Municipalities will be responsible for the coordination of the implementing procedures and execution of the compensation. Institutional Arrangements for implementation Item Responsibility Verification of ownership titles Expropriation Commission at the MoPWT Registration and issuing of ownership titles Expropriation Commission Submit the request for expropriation and file Expropriation Commission Sign the agreement Expropriation Commission at the MoPWT Send note of expropriation to PAPs and print in Expropriation Commission newspapers the public notice Grievances filed and redressed Expropriation Commission Finalize the expropriation case file Expropriation Commission Submit proposal for expropriation Expropriation Commission Decision of expropriation Council of Ministers Delivery of payments MoPWT Civil works contract signed MoPWT with the Delvina Municipality Civil works start It will be provided by the Council of Ministers Decision on expropriation. Monitoring Expropriation Commission 4.6. Grievance Redress mechanisms Grievances are a common phenomenon in involuntary resettlement which, if not amicably and timely resolved, invariably gives rise to local resistance, political tension and unnecessary delays in executing the project. A grievance redress mechanism for the project is suggested for addressing potential legitimate concerns of PAPs who may consider themselves deprived of appropriate treatment under the project with the compensation or construction phase impacts on their property. The mechanism will be developed by the PIU and would include: (i) a recording and reporting system, including grievances filed both verbally and in writing, (ii) staff with responsibility at various levels of governments, and (iii) a time frame to address the filed grievances. The functioning of the grievance redress mechanism must be regularly monitored and evaluated by the PIU during project implementation. For the purposes of the RAP, it is suggested to establish an Informal Grievance Mechanism that could help to avoid the need to proceed to formal official authorities. This mechanism would be formed by the PIU and include a netural person from the affected area (local government or district official, the PAP and the Environmental and Social Safeguard Officer from the Project PIU). Should the need arisea local NGO could also be brought in to assist people with any grievances, fixing problems during implementation, etc, before the need to go to authorities. Essentially the grievance mechanism is an easy access, no cost mechanism, which involves people from the community, the project, and the relevant authorities to manage and fix problems before they run for official channels of redress, which might take time and have a cost. The NGO would help organize this through setting up a PAP- Project-Authorities committee to handle problems during implementation. A Project Budget is specified for any needed NGO informal grievance resolution services. The creation of this committee sui generis is considered to facilitate considerably any issues that arise with the PAPs and reduce their administrative costs considering that the affected areas are away from Tirana and all proceedings of their complaints are held in Tirana. 40 P a g e

41 This committee must be composed of three members: (1) one representative from the Project PCU representative (2) one representative from the PAPs; TBD (3) one independent individual recognized as a neutral party. One independt expert, proposed by the MoPWT and Commune The latter will chair the committee and will assist with determination of redress for grievances that cannot be resolved by the resettlement expert. The resettlement planner will maintain a record of grievances received and the result of attempts to resolve the grievances and include this information in the monitoring and evaluation report. With regard to this ad hoc role, the NGO must be considered as an intermediate actor to help citizens in two moments: (i) Assist the PAPs once the demand for expropriation has been declared to help them find and confirm their names and registered data, as well as assist them to submit any potential complain related to the estimated price, surface, etc to the Expropriation Commission established in the Ministry of Public Works and Transport (MoPWT). Overall, the NGO must provide relevant information to the PAPs during the expropriation procedures on complain procedures (if any) addressed to the Expropriation Commission, which is entitled to issue such complaints. (ii) Also, the NGO must help the PAPs even after the decision of the Council of Ministers is published, for those who potentially might not agree with the Decision and would like to appeal it in the Court. It is estimated that the NGO services will be required for six months for participating in the implementation of RAP. However, this may be rescheduled based on the exact nature of the activity, with greater inputs in the initial two quarters and reduced inputs in the subsequent two other quarters/end of year of NGO involvement. A description of local NGO tasks to manage grieviances is given in Annex of this report. If the involvement of a local NGO does not satisfy the grievance, then there is recourse to official administrative channels, but the project should make a real effort to solve problems initially on the ground. The Expropriation Law provides for an appeals process against the proposed award for compensation. In addition, the Urban Planning and Construction Police laws allow for administrative appeals against a decision for demolitions of illegal construction. Further appeals can be made to the district courts. The Office of the Ombudsman in Tirana receives complaints from citizens against government actions that affect their rights. The project staff will also play a role in resolving grievances. 41 P a g e

42 5. MONITORING AND EVALUATION The following major outcomes are reached: Affected people are informed and consulted about their options and rights, and provided with technically and economically feasible resettlement and income restoration alternatives; Affected people following the monitoring procedures upon project implementation have to be effectively compensated at full replacement cost for losses of assets attributable directly to the project. In case of relocation, affected people are provided with development assistance in order to address relevant factors and sustain their capacity to restore and maintain livelihoods. Considering the situation post evaluation of CENSUS and RAP, the internal monitoring and supervision must consider: To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the resettlement policies; To oversee that the RAP is implemented as designed and approved; To verify that funds for implementation of the RAP are provided by the Project authorities in a timely manner and in amounts sufficient for their purposes, and that such funds are used in accordance with the provisions of the RAP. The main internal indicators to be monitored regularly are: I. The entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures. II. Payment of compensation to the PAPs in the various categories is made in accordance with the level of compensation described in the RAP. III. Public information and public consultation and grievance procedures are followed as described in the RAP. IV. Relocation and payment of subsistence and shifting allowances are made in a timely manner. V. Restoration of affected public facilities and infrastructure are completed prior to construction. External Monitoring and Evaluation An Independent Monitoring Unit (IMU) must be established to evaluate implementation of compensation and resettlement. The IMU shall be appointed to monitor the resettlement and compensation process and implementation of requirements to verify that compensation, resettlement and rehabilitation have been implemented in accordance with the agreed RAP. The IMU will also be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. More specifically, the IMU will carry out the following: i) Review the results of the internal monitoring and review overall compliance with the RAP ii) Assess whether relocation objectives have been met especially with regard to housing, living standards, compensation levels, etc. iii) Assess general efficiency of relocation and formulate lessons for future guidance iv) Determine overall adequacy of entitlements to meet the objectives. We recommend that Water PIU establish an IMU that draws on personnel with resettlement and social development experience. The project affected persons must be represented. Also they must be assisted in the process of obtaining the land property certificates to IPRO and other required documents regarding the land acquisition. 42 P a g e

43 The objective of this unit will also be to provide a forum for skills sharing and to develop institutional capacity. It is important that the Unit is able to maintain a strong independent position and provide constructive feedback to the project to ensure the objectives are met. Progress and performance of the RAP would be before, during, and after implementation. Using the baseline information that is being compiled through SA survey and Census through this RAP report, the Water PIU would be in a position to note changes that may have occurred before and after resettlement. Some of the baseline indicators that are relevant to this study are: Income statistics: Average annual family income within the communities must not fall below an agreed upon factor in the first 18 months after the move. Data must indicate that the socio economic situation of the affected people is stable after one year. If, after a year, the situation of PAPs are found to be deteriorating further interventions may considered. Entitlement Listing. Project affected persons will provided full financial compensation based on the market value of their land on the time of expropriation. This process must be completed before starting the investment this will help to prevent dissatisfaction and concerns regarding the best value for their properties. Responsible Parties It is recommended that Water PIU be charged with the task of monitoring and evaluation of the PAPs. It will therefore be enlisted to continue the post project evaluation system and conduct actual monitoring and reporting. Methodology for monitoring The approaches and methods used would require regular dialogue and surveys of the affected communities. The dialogue will provide a forum for affected parties to air any grievances or complaints that may arise. The survey will provide a more objective form of progress measurement to complement the more subjective consultations/dialogue. Data Collection Qualified census personnel will collect data from a respectable research firm or government agency. The surveys must be conducted with the full consent and permission of affected parties. Data Analysis and Interpretation The data must be able to measure changes in net welfare based on pre resettlement profile and post resettlement conditions. Where negative welfare is noted, it must be immediately address the same. Reporting Post - resettlement monitoring results must be subject to review by, representatives of the affected community. 43 P a g e

44 5.1. Indicative Implementation Schedule Steps Ressetlement Policy Framework RAP Activities - Site visits - CENSUS - FG consulations All PAPs informed Final Workshop Disclosure of RAP Letter from Water PIU Request for Expropriation Expropriation Procedures Initiated by the Ministry PAPs Expropriation and Payment Formation of Project Implementation Committee (PAP-Project-Authorities group) Signing of Contracts with NGO for Livelihood Education and Awareness Creation about RAP Grievance Redress Measures Civil works construction 17 Monitoring and Evaluation for damages (last minute changes) Closure Report Months M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 17 Including possible small civil works needed to close borrow pits, fix debris along roads. 44 P a g e

45 Commune/ Village Name Surname of Owner Contacts Cadastral No. of Parcel LIST OF ANNEXES Annex 1. Inventory of Paps and their Affected Assets N o Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Milot Commune/ Fushe Milot Village Well FM 1 Zef Nik Tom Kola well FM 4 Daniel Kol Marku well FM A Ndue Lazer Mehilli Well FM B Sahit Zan Veseli Well FM C Dervish Zenel Haxhiu Well FM D Murat Hasan Veseli No. Owne rs Legal Status of Ownership Type of Land 18 Total Surfac e (m2) Evaluation of the Surface for Expropriation (m2) Length Width Surface (m2) Price ($/ m2) Expropri ation Value ($) Legal Status at IPRO - 38/18 1 Registered Agriculture Land Registered - 35/27 1 Registered Agriculture Land Registered - 40/14 1 Registered Agriculture Land Registered - 43/3 1 Registered - 43/19 1 Registered - 42/19 3 Registered 7 FusheKuqe/Adriatik Lec Marashi - * 1 Registered Agriculture Land Agriculture Land Agriculture Land Agriculture Land Registered Registered Registered m 2,5 m 250m Registered 8 FusheKuqe/Adriatik Nikolle Gjeci - * 1 Registered Not cultivated m 2,5 m 100m Registered 9 FusheKuqe /Adriatik Kanto Gjeci - * 3 Registered Agriculture Land m 2,5 m 187.5m Registered 10 Ishem/Bize** Tofik Lleshi - 444/4 1 Registered Agriculture Land m 2,5 m 150m Registered 11 Ishem/Bize Besnik Bregu, Petrit Ruka - 444/10 2 Registered Agriculture Land ,5 m 62,5m Registered 12 Ishem/Bize Artan Dyrmishi - 444/11 1 Registered Agriculture Land ,5 m 68,7m Registered 13 Ishem/Bize Leonard Buda - 444/6 1 Registered Agriculture Land ,5 m 143,75m Registered 14 Ishem/Bize Idri Metollari - 444/14 1 Registered Agriculture Land ,5 m 37,5m Registered 15 Ishem/Bize Tatjana Gjepali - 444/15 1 Registered Agriculture Land ,5 m 37,5m Registered 16 Ishem/Bize Shpresa Nasi - 444/16 1 Registered Agriculture Land ,5 m 37,5m Registered 17 Ishem/Bize Lulzim Kastrati - 444/12 1 Registered Agriculture Land ,5 m 75m Registered 18 Ishem/Bize Oriola Kuci - 444/8 1 Registered Agriculture Land ,5 m 50m Registered 18 As per cut-off date 45 P a g e

46 19 Ishem/Bize Refik Cela - 445/8 1 Registered Agriculture Land ,5 m 62.5m Registered 20 Ishem/Bize Mitata Hebibaj - 445/11 1 Registered Agriculture Land ,5 m 62.5m Registered 21 Ishem/Bize Ndue Jaku - 445/30 1 Registered Agriculture Land ,5 m 93.75m Registered - 445/31 Registered Agriculture Land ,5 m 22 Ishem/Bize Edlira Hamataj - 445/32 Registered Agriculture Land ,5 m - 445/33 1 Registered Agriculture Land ,5 m 445/34 Registered Agriculture Land ,5 m - 445/35 Registered Agriculture Land ,5 m m Registered 23 Ishem/Bize Hariz Piluri - 445/36 1 Registered Agriculture Land ,5 m 125m Registered 24 Ishem/Bize Luan Saraci - 445/37 1 Registered Agriculture Land ,5 m 81.25m Registered 25 Ishem/Bize Samir Gjepali - 445/38 1 Registered Agriculture Land ,5 m 62.5m Registered 26 Ishem/Bize Mahmut Balla - 445/53 1 Registered Agriculture Land ,5 m 37.5m Registered 27 Ishem/Bize Shpresa Sofia - 445/49 Registered Agriculture Land ,5 m - 445/50 1 Registered Agriculture Land ,5 m - 445/57 Registered Agriculture Land ,5 m m Registered 28 Sukth/Hamallaj Arges Sefaj - 58/11 1 Registered Agriculture Land m 2,5 m 350m Registered TOTAL 3487m USD$ (4,446, ALL) *From the latest communication with IPRO and the implementing agency (CSI Piemonte) that is conducting the initial registration of lands in respective cadastral areas, results that 3 agriculture lands in Fushe Kuqe Commune are currently in process of registration in the IPRO system. This means that their property titles are not registered yet in IPRO. Currently, owner s legal rights on these plots could be verified only by the local governance unit, so as the Fushe Kuqe commune. The consultant has already contacted the Commune of Fushe Kuqe and confirmed ownership status of these plots, names of owners and land surface by the responsible office for admistrative management of agriculture land. **As far as land owner contacts, we respect the willing of the land owners to not publish their contact details in the RAP report. Despite our efforts to register them through the Census survey, their contacts are not provided for publication. However, the consultant working team members, who have met land owners through field visit and focus groups, have maintain the communication with them throughout the process of their entitlements identification. 46 P a g e

47 Annex 2. Methodology Notes for the Evaluation of the Expropriated Land The following methodology has been developed under guidance of World Bank experts and in close cooperation with local interested stakeholders including Ministry of Public Work and Transport. Main assumptions taken into consideration in the frame of methodology are related with: current regulatory framework for land expropriation and its recent amendments; financial analysis on net income stream on the pipeline footprint sites and its neighborhood; eventual transaction (sales and leasing) on footprint pipeline region. The latest CoM Proposal for amending the Draft Law For some amendments and addendums in the Law No. 9235, dated on For restitution and compensation of the property, changes its Article 13 On property estimation that land to be compensated in accordance with the general principles of immovable properties based on : the market value as per international standards of immovable properties, type of property, its purpose of use The baseline indicators of the immovable property value will be defined and approved separately for the land, buildings, and engineering structures. Due to differences of the zones to be expropriated (location, use, market), the site is splited in three areas for the purposes of land expropriation value, which are: Milot Commune (wells location 6 HH); Fushe Kuqe Commune (3 HH); Ishem Commune (Gjiri Lalëzit close to coast 18 HH). Considering the similarity of the Fushe Kuqe and Sukth zones (vicinity), one land owner to be expropriated in Sukth Municipality is attached to the Fushe Kuqe commune list of owners for land value calculatons purposes. Milot Commune Ishem Commune Fushe Kuqe Commune The commune covers an area of 138 km ² and has a total area of 2272 ha agricultural land, while arable land is 1966 ha, about 306 ha of land in the territory of the municipality, mainly in hilly and mountainous area, are counterproductive. Milot commune, has a population of inhabitants, of these 4334 inhabitants. While all the villages taken together have 8963 people in total, The commune has in its territory 12 villages.. Ishem Commune lays in the western lowland in the triangle Tirana - Durres Kepi Rodonit. It has a coastline approximately 26 km, including the Lalëzi bay and Ramshpati bay. With the exception of the village Kuratën (today Shkafanë) and village Lalez Rrotull, which have heterogeneous composition of the population. These two villages have higher potential for tourism development. In the Fushe Kuqe commune the agricultural land has more or less the same characteristics and usage. The agricultural crops that are used more in this area are cereals, and fodder for animals and fruits and vegetables to small farm units. The terrain is flat and completely water irrigated. More details about calculations done based on these assumptions are given below. 47 P a g e

48 a) GoA Map of land value of the water pipeline site neighboring area as initial stage for land acquisition process Based on a GoA Decision in 2008, the following graph provides the price variation of the agricultural land parcels in the villages, which are in boundaries of Fushe Kuqe and Ishem Communes sites. As it results, these prices have a wide range of values, considering the economic, agronomic and market value of different land parcels (For more details, see the Appendix No. 1). Graph No. 1 Wells zone (Fushe Kuqe Commune): agricultural land price per unit (ALL/m2) Agricultural land price ALLm² Fushe Kuqe Adriatik Gorre Shperdhet Dukagjin i Ri Graph No. 2 Ishem Commune zone: agricultural land price per unit (ALL/m2) Agricultural land price ALLm² Kuraten Lalëz Draç Shetaj Hamallaj As it seen, based on the complex price estimation of 2008, the prices per m 2 for the item agriculture land on the neighboring areas of water pipeline site in Fushe Kuqe commune varies from 241 ALL/m2 to 476 ALL/m2. The same values are valuable for Milot Commune (wells location zone) due to their vicinity. While, based on the complex price estimation of 2008, the prices per m 2 for the item agriculture land in the neighboring areas of water pipeline site in Ishem commune varies from 186 ALL/m2 to 607 ALL/m2. Considering the agriculture land market developments, the a-m price must be actualized based on several impact factors. Among them, the annual inflation rate remains most influential one. Regarding the crises impact during the period , for a number of reasons, there are factors, which have influenced the price increase and others on the reverse side, so we do not consider them determinant on the land price of the same period. 48 P a g e

49 Year Table 1: Fushe Kuqe area: Actualization of the land price Actualized Price Annual (ALL/m2) Notes inflation Minimal Maximal rate Current price ($) 19 : Ishem Commune area: Actualization of the land price (As per map of land value) Year Annual inflation rate Actualized (ALL/m2) Minimal Maximal Current price ($) 20 : Price Notes (As per map of land value) b) Net income stream analyses considering different options of land use In order to assess as reasonably as possible, the consultant analysed all possible alternatives of agricultural land use by the affected farmers in the parcels to be expropriated by the water pipeline's construction in the village of Fushe Kuqe (Fushe Kuqe commune) and Ishem commune (Lalez village). Based on various studies carried out previously (involving also the region in which the aforementioned water pipeline will be established), it results that there are at least three opportunities to use this agricultural land. 1. Lease of agricultural land From data collected from other areas of Albania it results that land rents variations are from USD per hectare per year (or USD per m2). The minimum level of rent is applicable in less productivity areas and away from the main agricultural production sites, while the maximum level is mainly applicable in the western plains and the coast of the country. 2. Extensive use of agricultural land Extensive use of agricultural land consists of land use for grazing livestock (left infertile for use as pasture, fallow / idle). Based on Dr. A. Hetoja estimation 21 it results that the annual 19 Exchange rate December average, USD=105 ALL 20 Exchange rate December average, USD=105 ALL 49 P a g e

50 lek Net annual return for a farmer in the western and central lowland coastal region of the country (where there is also situated the water pipeline site) range from 3,443 to 4,070 USD per ha per year. 3. The intensive use of agricultural land Intensive use of land consists in cultivating adequate vegetation for bedding livestock breeding (sheep and goats) or cattle. This option relates to certain preconditions of land use, such as, the investment opportunities from the farmer, consumer demand, level of property concentration, farm size, etc. As per Dr. Hetoja estimation, the Net annual return in the case of intensive use of agricultural land ranges from 3,674 to 6,012 USD per ha per year. Another possibility, in the context of intensive exploitation of agricultural land is to be used for planting and cultivating trees (e.g. cultivation of vineyards, olive groves or citrus). In this case, the study of Dr. Hetoja shows that the size of net incomes ranges from 11,000 USD to 18,000USD per ha per year. (For more details, see the attached detailed Appendix No.1: Calculation of net income indicator as per given alternatives). Therefore, it can be concluded that taking into account a period of 10 years, a reasonable assessment of the land price to be expropriated for the construction of the water pipeline purposes has a potential use in figures, as follows: leasing on annual basis min price max price min price max price 21 Dr. Agron Hetoja, Use of Market Estimation and Profitability Analysis of Enterprises for Economic Development and Improvement of Farm Policy-Making ", (Doctoral Thesis), Agricultural University of Tirana, Faculty of Economics and Agribusiness, Department of Farm Management and Agribusiness, Tirana P a g e

51 b.1 Extensive use min price max price min price max price Net incomes USD/hectares (grazing livestock) b.2.extensive use min price max price Net incomes USD/hectares (cultivated of fodders) c.intensive use min price max price Net incomes USD/hectares Series1 Series2 (For more details, see the Appendix No. 3) Taking into account the current status of land based on the assumptions above, according to this methodology results that fair and reasonable land price ranges from USD 3.6/m2 to USD 18/m2. It has to be clear that these calculations rely on empiric/research purposes of 2008 and do not consider for estimation inflation rate and market expectations after that year. But, these calculations do not consider the current crisis impact as well. Conclusion and recommendations: 51 P a g e

52 Given the lack of reliable data and limited and incomplete information on land sales it is safer to estimate a range of values rather than a single number as the prevailing land market values. A range leaves room for the accommodation of new and reliable information made available during the contacts with owners and residents or from official sources. Professionals like real estate agents and immoveable property assessors were also consulted. Given that land sales records were not made available to the expert, qualified opinions from professionals has been taken into consideration in this report. Local informants include residents living near the water pipeline site and other individuals with good understanding of the land values in the project area. This category includes persons with close working ties to the area and administrators at local level offices (commune or region), whose territory covers the water supply site. As already mentioned, it was possible to contact some owners and residents and rely on their data provided for Census-survey in December 2011 and December 2012 (upon final route determination) where meetings provided some of the best information so far. In case of Ishem Commune area, (used as Gjiri Lalezit village) it must be considered that the value of agricultural land may have changed also due to its vicinity to the coastal area and its land owners purposes to construct there buildings for tourism services. In these conditions, the consultant proposes to apply an average price for land expropriation per each of the sites, as following: 1. Fushe Kuqe Commune (including Sukth Municipality) 8$ 2. Milot Commune 10 $ 3. Ishem Commune (Lalez village) 15 $ 52 P a g e

53 Appendix No.1: Calculations of Net Income Indicator as per given alternatives No. Entitlement Indicator Minimal Minimal Option I - Renting Agriculture Land 1 ha for rent $ 440 $ 480 Option II- Extensive Use Option II-A - Grazing Livestock per hectare (ha) Grass Production (cool-season) kv/ha $ 275 $ 360 Grass Production (warm-season) kv/ha (1:4.5) $ 61 $ 80 Price per kv of grass warm-season $ 28 $ 30 Net Income $ 1,528 $ 2,000 Option II-B Fodder cultivated per hectare (ha) Grass Production (cool-season) kv/ha $ 660 $ 780 Grass Production (warm-season) kv/ha (1: ) $ 115 $ 136 Price per kv of grass warm-season $ 33 $ 36 Net Income $ 3,443 $ 4,070 Option III- Intensive Use Option III-A Intensive Use for cattle breeding For 3 ha 5 caw x x Net income per head per year (dairy and meat production) $ 2,200 $ 3,600 Net income per hectare from cattle breeding (5 cows per 3 ha, 1.67 cows per 1 ha) $ 3,674 $ 6,012 Net Income $ 3,674 $ 6,012 Option III-B Intensive Use for vineyards and olive groves Net Income $ 11,000 $ 18,000 Source: Expert Calculations Appendix No.2: Comparative data on land prices per m2 of villages neighboring the landfill site as per GoA Map of Land Prices ( data) No. Municipality/Commune Village Agriculture land price ALL/m² 1 Sukth Municipality Hamallaj Ishëm Commune Shetaj " Draç " Lalëz " Kuraten 247 Source: VKM nr See GoA Decision No. 139 datë For approval of prices of parcels as defined in the relevant map of qarksfier, Elbasan, Tirana, Vlora, Durresi and Shkodra 53 P a g e

54 No. Municipality/Comuna Village Agriculture land price ALL/m² 1 Fushe Kuqe Comune Fushe Kuqe " Adriatik " Gorre Milot Commune Milot 600/ Thumanë Comune Dukagjin i Ri 312 These prices take into consideration the agronomic estimation of the land (solvency). Appendix No.3: Summary of net income stream as per typology of agricultural land use Net incomes (USD/hectare) Typology of agricultural land use Minimal Maximal a) Leasing on annual basis b) Extensive Use b1. Grazing livestock b2: Cultivated of fodders c) Intensive Use: c1: Livestock purposes c2: Forestry and plants (trees, olives, etc.) As per official communication with the Head of Cadastre in Milot Commune, due to the road upgrade in 2009 there were two expropriations of agriculture lands bordering the expropriation areas for this project. 54 P a g e

55 Annex 3. Resettlement Policy Framework for Water Sector Investment Project 3.1. Project Description The coastal city of Durres, located along the Adriatic coast in the north western part of Albania is the country s second largest city and its primary port. Durres and its surrounding communes (5 municipalities and 10 communes in total) have a total population of about 350,000 people during the off peak seasons. The area is one of the main tourist destinations in Albania and, as a result, its population increases during peak tourist seasons increases and can largely go over 450,000 people. Yet the quality of its water and sewerage services is among the poorest in the country. The Government of Albania (GOA) assigns high priority to improving infrastructure services including water supply and sanitation (WSS), as well as environmental and public health conditions in the city of Durres and its adjacent municipalities and rural communes given the economic and political importance of the city. Despite having benefited from a series of World Bank projects over the past ten years, water and sewerage services have remained poor in Durres city. Alongside other donors, the WB has provided a steady stream of investments to help improve water and sanitation services while also contributing to institution building measures. In recognition of its long-standing sector engagement, the Bank was requested by the Government of Albania to assist in preparing its new National Water and Sanitation Strategy for the period. The new strategy, which was endorsed by the Government in September 2011, updates the 2003 Sector Strategy with a vision to develop proper policies and commit sufficient resources to improve the provision of water supply and sewerage services, and to consistently move towards compliance with EU standards. Having indicated to donors that the water sector should be a major focus of infrastructure support going forward, the Government is also preparing a comprehensive capital investment masterplan for the sector with the support of KfW. The proposed project was designed within this strategic framework and the Government seeks to use it as a vehicle to implement its reform agenda 24. The proposed project would provide financing for priority investments in the main areas of focus of aiming to: (a) expand and improve the quality of water supply and sewerage services; (b) orient the water utilities toward principles of cost control and full cost recovery; (c) improve governance and regulation in the sector; (d) invest in enhancing the capacities of the sector work force; and (e) move toward convergence of Albanian law with EU Water Directives. The project design seeks to address some of these issues Project Development Objectives The Project Development Objectives are: to improve the quality of water services in the Durres Utility Service Area; to improve access to wastewater services in critical parts of the Service Area; and to improve operational and financial performance of Durres Water Utility. These objectives would be achieved building upon the important foundation established under earlier investment programs in the Durres region and scaling up the Bank s level of engagement by: (a) implementing priority water supply investments, including additional water abstraction near the existing source and construction of a bulk water transmission pipeline to address the acute water shortages experienced especially during peak seasons; ancillary investments linking villages and settlements along the transmission route to the city s water supply system; and priority investments to reduce losses in the city s water distribution network; (b) implementing priority investments to enhance the existing sewerage network s capacity to reduce blockages and unsanitary conditions 24 Based on the provided terms of reference to the consultant for drafting a RAP and RPF report 55 P a g e

56 caused by sewage overflow, and expanding the sewerage network to transfer wastewater from the touristic beach area to the newly constructed Durres Wastewater Treatment Plant (WWTP); (c) consolidating and further improving the governance and sustainability of the Durres Water Utility through effective enhancements in financial management and cost recovery; and (d) supporting implementation of the updated National Water and Sanitation Strategy Project Components relevant for this RPF I. Priority Water Supply Investments Component The project s technical design seeks to address the Durres water supply service area s most critical water challenges. Existing studies identified a shortage of some 30,000m 3 of water to the city daily. This shortage is only partly due to insufficient water production. Present non-revenue water is estimated at 64% of production, of which physical losses are estimated at 35%. More accurate assessment of the non-revenue water and losses is difficult since only 35% of Durres Water Utility customers are metered. The current water shortage and losses have forced the Durres utility to reduce its water distribution resulting in intermittent supply to the population, with many customers receiving an average of 3-4 hours of supply a day. In response to the situation, the population is investing in various coping mechanisms such as storage of water in overhead tanks on house roofs and installation of household booster stations. Due to the continuous expansion of the Durres urban area and growing tourism activity, the present situation is worsening. Presently water supply to the city is almost entirely dependent on one transmission pipeline that is forty year old and plagued by heavy illegal connections from the population in the villages and settlements along its route. In order to address the above challenges facing the Durres service area, the project seeks to provide technically feasible investment measures to: a) provide the population with drinking water in adequate quantity and quality to meet the actual and future demand up to 2040 by increasing water supply to the city through installation of new wells and construction of a new bulk transmission pipeline to the city; b) allocate sufficient water to the rural areas and settlements along the route of the main transmission pipeline from the Fushe Kuqe source, thereby increasing the proportion of the population connected to the water network and constructing ancillary investments such as reservoirs to balance pressures and improve supply pressure in these areas; c) reduce physical water losses in the distribution network in Durres through priority investments in rehabilitation and upgrade of the network; d) implement a demand management program that will include 100% metering of Durres and the surrounding areas. The feasibility study identified six technical options focusing on improving the water supply situation in Durres in both the medium- (up to around 2025) and long-term (up to around 2040). The options were analyzed on the basis of technical, economic, and environmental criteria, as well as consideration of the implementation time. The preferred option would basically comprise installation of new wells from Milot Commune. A new pump station will also be built close to the existing polder pump station (Hydrovor). The water will be transferred to Durres through a 65 km 700 mm diameter transmission main. The new pipeline would be dedicated to Durres City while the existing pipeline, to which service reservoirs and connection points would be installed to provide bulk supplies to serve the rural villages and settlements, would be dedicated to these areas. The original idea was to lay the new transmission pipeline along the route for the existing transmission pipeline. However, given changes in the demographics and landscape due to growth of settlements along the existing route, alternative routing of the pipeline along the western route parallel to the coast was recommended, based on technical, social, environmental and economic considerations. The water component will also include priority investments to upgrade the existing distribution network in order to reduce water losses through leakages. 56 P a g e

57 II. Wastewater Network Investment Component Design of the wastewater component seeks to address the most critical issues related to wastewater in Durres. The Durres sewerage system currently serves only 50% of the population in the service area, mainly located within the city boundaries. The system was designed and built as a separate system, to convey foul wastewater. It has however been operated as a combined system, i.e. conveying both foul sewage and stormwater, due to many illegal connections, interconnections with stormwater drains. Operation of the network as a combined system contributes to hydraulic overloading during heavy rainfall, leading to severe flooding in the city. The situation has been exacerbated by the poor quality of construction used for several of the connections, as a result of inadequate supervision during design and construction. The wastewater is collected by gravity and pumping, and is discharged directly to the Adriatic Sea through a surface drainage channel system. Several of the pumping stations are in need of rehabilitation and upgrading. The direct discharge of untreated sewage is also a constant threat to the environmental sustainability of the area and affects its tourism potential. EIB has financed a new wastewater treatment plant for Durres. The Plant is currently not operational because construction of the collectors from the city and the Durres beach area has not yet been completed. The EU is financing the new collectors under a separate contract expected to be completed by the end of In the meantime, wastewater will continue to be discharged directly into the environment. The project would support upgrading and expansion of the existing sewer network in Durres to collect the increased wastewater in other critical parts of the city such as the beach area, where it will finance secondary and tertiary sewerage. It would also support priority wastewater investments in Durres City to reduce sewage overflows during rain events, for instance rehabilitation of critical parts of the existing sewerage system, as well as high pressure sewer maintenance and flushing equipment to strengthen the utility s capacity to maintain the sewerage network Anticipated Subproject Types and Locations Component A: Priority Water Supply Investments This component would finance: o Additional wells and a bulk water supply transmission pipeline that will provide about 620l/s additional supply to address the acute water shortages experienced in the Durres Water Supply Service Area in the medium-term; o Ancillary investments linking settlements/communes around the Durres area and along the transmission pipeline route to the water supply system in a sustainable manner. These investments would include facilities such as service reservoirs and network connections to provide bulk water supplies to villages and small municipalities within the Durres Water Utility service area; o Priority investments in the water distribution network in Durres, as well as provision of leak detection equipment and pressure reducing valves to reduce losses. Sub-components: o o o Sub-component A1: Bulk Water Supply Pipeline Sub-component A2: Ancillary Investments for Water Supply to Villages Sub-component A3: Priority Investments in Distribution Network Component B: Wastewater Network Investments This component would finance priority wastewater investments aimed at enhancing the existing sewerage network s capacity to handle the increased water supply in an environmentally and socially sustainable manner, including: o Construction of the secondary and tertiary sewerage network in the Durres Beach area; 57 P a g e

58 o o Rehabilitation of critical parts of the existing sewerage system in Durres City to reduce sewage overflows during rain events; Provision of high-powered sewer cleaning equipment for Durres Water Utility. Sub-components: o o o Sub-component B1: Sewerage Network Upgrading Sub-component B2: Construction of Secondary and Tertiary Sewerage Network in Durres Beach Area Sub-component B3: Provision of Sewer cleaning Equipment 3.2. Impacts, Land Acquisition and Resettlement Principles Based on World Bank Operational Policy on Involuntary Resettlement (OP 4.12) requires that environmental and social impacts of all its supported projects should be mitigated according to operational polices that spell out the principles and planning methods for mitigation work. This applies whenever property must be acquired, or its use modified, for a project, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary whether the occupation is legal or illegal. Resettlement of PAPs in the project zone will therefore be carried out in accordance with the Laws of Albania taking into consideration the World Bank Involuntary Resettlement Policy. Based on the nature of the sub projects envisaged under the project description document, it is inevitable that subproject activities will lead to either land acquisition, restriction to or loss of access to economic assets and resources and therefore, ultimately to the land acquisition and compensation. It is envisioned that only small numbers of people and area will be impacted by subproject activities. When this occurs, relevant provisions in the Albanian laws and the World Bank Operational Policy (OP) 4.12 on Involuntary Resettlement will be triggered. The Project is not required to prepare at this stage a Resettlement and Compensation Plan for the Wastewater Network Investments since the sub-projects and areas affected have not yet been identified. However, the Project is required to prepare a Resettlement Policy Framework (RPF), to be disclosed as a separate and stand-alone document from the prepared RAP for Durres Water Supply Investments. The disclosure will be both in English and Albanian where it can be accessed by the public, locally in impacted areas, at local governance units offices, at the Ministry of Public Works and Transport and at the World Bank country office (in compliance with the World Bank s Public Consultation and Disclosure Policy). Specific costed Resettlement Action Plans (RAPs) will be prepared as necessary for project impact areas, as well as any impacts from associated activities, during project implementation, in line with the RPF, once the exact locations of those facilities for wastewater investment have been identified. The procedure for screening investment components for both construction phase and post-completion phase impacts related to land acquisition/expropriation, impacts on livelihoods and related compensation, and main social safeguard measures and guidance for preparing Resettlement Action Plans (RAPs) are given below Basic Principles of the Resettlement Program Finally, the RPF seeks to ensure that affected communities are meaningfully consulted, have participated in the planning process and, are adequately compensated to the extent that their predisplacement incomes have been restored and that the process is a fair and transparent one. 58 P a g e

59 i. Consultation and participation of affected communities: the rights and interests of the PAPs are to be heard and considered in the RAP. Participation of PAPs in the RAP s preparation and implementation is essential for a transparent and effective resettlement. The RPF seeks to ensure that affected persons, communities and local authorities are regularly and genuinely informed and meaningfully consulted; are encouraged and assisted to participate in the resettlement planning and implementation process; and PAP are adequately compensated to the extent that their incomes have been restored and that the process is a fair and transparent one. ii. iii. iv. Minimization of resettlement: The design consultant (COWI) has tried as much as possible to ensure that the project design has minimized land acquisition from and physical displacement of households and communities. Ensure and guarantee the timely provision of any necessary compensation before beginning civil works for people whose land will be affected. This will be done in line with the Word Bank policies and guidelines. Negotiated compensation options: A consensus must be reached with those who will be affected so that a fair and equitable compensation made for land, houses and trees that are disturbed and paid according to the prevailing markets rates of the local areas. v. Resettlement must take place to ensure PAPs benefit: Those who are affected should be given priority in employment opportunities that arise from the project. v i. vii. viii. ix. In case of any event, if there would be possible (localised) impacts from improvements of the waste water component and from the village water systems, as actual project footprints are produced during implementation, any impacts will be handled using the same arrangements as for the water pipeline. If using an NGO to monitor and oversight is the chosen option, specific tasks of an NGO are an additional helpful item. RAPs will document alternatives considered and selected in this regard. The same resettlement policy framework will be applied if there are unanticipated impacts on people, later during project implementation. Establishment of resettlement baseline data: The following activities aim to inventory affected property. An Inventory of affected assets and land, its use and size, needed to help determine fair and reasonable compensation levels or other mitigation measures agreed by the affected person(s). A census socio-economic baseline survey, which provides details of household demographics, health status, income levels and employment. The baseline census data is used in combination with the land and assets survey to facilitate identification of agreed and appropriate mitigation and entitlements to affected persons or parties. Establishement of a computerized data-base which will: facilitate implementation, enable monitoring and adaptive management, and provide adequate data to carry out a final evaluation with the aim of reaching closure on any outstanding issues and timely disengagement from World Bank supervision. Vulnerable social groups: These are groups that include those with minimal assets, the illiterate, and the aged (those PAPs of more than 65 years). These are often physically weaker, and usually need special help in the relocation/disturbance phase. In particular, female headed households may lose out to more powerful households. Resettlement upfront project cost: DRN ACER advises strongly that it is critical that mitigation costs estimated in the RAP will considered in the overall project budget as up front costs. These costs must be disbursed, eitherto beneficiaries as entitlements or in the form of another appropriate mitigation measure agreed with the affected person or party. 59 P a g e

60 x. An independent monitoring and grievance procedure: In addition to setting up of monitoring mechanism, an independent Team comprising local administration, friendly NGO officials and the locals will play key roles in monitoring of the RAP implementation. A grievance mechanism needed to solve problems and manage unforeseen issues which may arise during implementation will be organized in such a way that they are accessible to all, with particular concern for the situation of vulnerable groupings. Monitoring will be a joint undertaking under NGO direction to measure and assess change in household status of project-affected communities. xi. xii. xiii. Potential Social Safeguard Risks and Mitigation Measures: - The MPWT to verify at the time of project implementation, if any of the residents has ownership claims on the property in case where this is a public land. If someone has such ownership claims, the Ministry must assist them to obtain property titles and compensate them for the expropriated property. - To include an expropriation reserve fund of 10% of the total compensation amount, for any unexpected claim on land compensation from PAPs, who may require additional compensation and win the case at the Court. - A pre disclosure phase is recommended in case when PAPs are not identified as they could no longer reside in the expropriated areas (migrated in another region of the country or emigrated abroad). The notification should be done by MoPWT through publication of PAPs name at the village level, and at at least in two newspapers with a nationwide and local distribution for a period of one month (every Sunday). - A special provision should be taken prior the disclosure phase on publication of the names and contacts of the land owners to be expropriated. Based on the Albanian legislation On personal data.. privacy should be maintained for PAPs names and conctact during disclosure of RAP. On this regards, the MoPWT should maintain contacts with PAPs and ask them in advance if they accept to have their full name published in the newspaper. World Bank s operational procedure on involuntary resettlement: The World Bank s operational policy 4.12 on involuntary resettlement requires that involuntary resettlement be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced (if any) by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. They should also be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is higher. Where relocation or loss of shelter occurs, the policy requires that measures to assist the displaced persons be implemented in accordance with the resettlement and compensation plan of action (entitlement matrix). The methodology followed is based on national legislation and on the best international practice. i. Firstly, there have to be informed the project affected persons about the project implementation and impacts, and receive feedback from them, so as to choose the best alternative to minimize the negative effect of the project in their livelihood. Secondly, the authority in favor of which it will be done the expropriation will negotiate with affected people for an agreement on expropriation. If the affected counterparts don t agree with the agreement, it is proceed with the unilateral expropriation. 60 P a g e

61 ii. iii. iv. Permanent land expropriations: Permanent expropriation for works with public interest are requested when we deprive totally the owner s land of using it. The prices of permanent expropriations for specific regions are specified with a map approved by a decision of the Council of Ministers. (Land values must be current market prices; real estate agents should be consulted on actual land prices in the area, these prices should be actual amounts paid, not reduced amounts used to reduce taxes on land sales. Essential that the values are objectively established; use of the zonal map can only be done if the values correspond to actual current values for land sales. Temporary expropriations: Temporary expropriations are requested for temporary use of land during construction (access roads or repository areas). The expropriation prices are paid to the owner on a monthly basis for as long as the land is occupied. The price varies upon the type of land functionality. The price references can be taken from the Agricultural Directorate of the Region where the project is located. Provision of resettlement measures to affected persons without recognized property rights (squatters) as per OP 4.12, requires that affected persons without recognized rights to compensation ( nonland owners e.g. tenants and unlawful land users or occupiers) should be provided with resettlement measures such as: cash compensation for the loss of permanent structures, trees and crops that belong to them personally, but no land compensation. v. Damages payout: Additionally to the temporary expropriation compensation is given to the land owner for the agricultural damages caused during construction activities. The reference prices can be taken from the Agricultural Directorate of the Region Legal Framework On Article 41/4 of the Albanian Constitution it is provided: The expropriations or limitations of a property right that are equivalent to expropriation are permitted only against fair compensation Furthermore, on the European Convention on Human Rights, it s provided in the Art. 1 Right to property of the Protocol 1: Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions expect in the public interest and subject to the conditions provided by the law and by the general principles of international law In this spirit it s in power Law no. 8561, dated On Expropriations and Temporary Takings of the Private Property for Public Interest. The mentioned law provides the entire procedure how an expropriation procedure begins, for which reason, from which subject and the right of the owners to contest the evaluation of the property made unilaterally from the state institutions. Anyway, an international agreement ratified by law has priority on application in front of a common law. (Art. 116 of the Albanian Constitution) Furthermore, if a law creates a collision with an international agreement ratified by law, it will be applied the international agreement. This principle it s a guarantee that the international agreement with the Albanian Governement with the WB, for the loan, it will be applied in priority in front with the legislation in force, especially in front of the mentioned law On expropriation.. Let s make a short resume of the principles provide by law On expropriation : The project aims public interest, since it is an investment on water sector; (Art. 8/c of Law On Expropriation...) ; The beneficiary subject in the expropriation process will be Durres Municipality (Durres Water Utility) (Art. 9 of the Law On Expropriation ) 61 P a g e

62 Interested institution or Durres Municipality, in this case needs to submit the request with a list of necessary documents to the Ministry of line, which is the Ministry of Public Works and Transport (with the structure of actual government); (Art. 10 and 11, of the Law); The line Ministry has to follow the legal procedure, on publishing the request for expropriation, collecting the complaints of the affected owners, and preparing the draft of the sub legal act for the Council of Ministers; The procedure will be considered complete, when the owners through a statement approve the transaction of the property in favor of the State; The decision for the expropriation (for the owners that do not agree with the expropriation) will be approved by the Council of Ministers and will enter into force immediately, also it will be published in the Official Journal; The owners affected have the right of complaint to the Court for the compensation and if they don t follow this procedure, the decision of the Council of Ministers will be an executive title. Almost the same procedure mutatis mutandis, needs to be followed for other institutions, on the: 1/ the devaluation of property; (Art 18, of the Law On Expropriation... ) 2/the provisional taken on possession of the property; (Art of the Law On Expropriation. ) The devaluation of property: During the construction for public interest it might happen that some properties will not be necessary to be taken from the owner, but in the same time the owner will not be able to enjoy the property like earlier and thus he has the right to be compensated for the devaluation of his property. This institution is not applied so often in practice, but it is provided by law, if owners are affected in this manner during the project implementation. The provisional taking on possession of the property: During construction it might happen that certain properties are needed to be taken in possession for temporary use. The request to take on provisional possession a property needs to be addressed to the Ministry of line, describing the property, the reason, the term and the compensation for the owner. The owner has the right to raise a complaint to the court against such decision Legal Criteria on the Evaluation of Properties The Council of Ministers Decision No. 138 dated provides the legal criteria for the evaluation of properties affected by expropriation. Land: The estimation of expropriated land shall be determined for urban lands, lands within the yellow line town and commune properties according to the prices approved by Council of Ministers Decision deriving from Law No. 9235, dated On restitution and compensation of private properties (See the price map). Residential properties: Value of expropriation compensation for residential properties is considered the average sales price according to the records of the Real Estate Registration Office (ZRPP). Industrial and Agricultural properties: The value of expropriation compensation for industrial and agricultural properties is considered the average sales price according to the records of the Ministry of Public Works, Transportation and Telecommunication or the Ministry of Agriculture. Depreciation of property must be subtracted from the price. Agricultural land, forested areas, etc: The estimate value of agricultural lands, forested areas, pastures and grasslands is determined from the prices approved by Council of Ministers Decision complementary to the Law No. 9235, dated On restitution and compensation of private properties. In cases where there are no prices approved for certain 62 P a g e

63 regions, the evaluation for agricultural lands, forested areas, pastures and grasslands is determined by the average sales price available at ZRPP. Fruit trees: For fruit trees the estimated value is calculated considering costs of investment and expenses. This value is calculated per unit (number of fruit trees) or unit per land surface (m² of vineyard, nursery etc). The investment present in the land, the total expenses and different amortization factors are foreseen by special Ministry of Agriculture directives. Crops: For crops the estimated value is calculated based on the expected yield and market unit price. Illegal constructions: For investments on national highways the owners of properties, who are not registered at the ZRPP (without a title), are also expropriated. The entity, which initiates the expropriation has the right to complete the procedure if: the owners of the property have started an administrative process at the Agency for Legalization and Integration of Informal Properties (ALUIZNI) according to Law Nr. 9482, dated "On legalization, urbanization and integration of informal properties ; in case the illegal building (or additional works on the existing building) have been previously declared and have been qualified later for legalization permit from ALUIZNI, based on the criteria set in the Council of Ministers Decision No.438, dated "On the criteria, procedures and required documentation that determine legalization of informal properties ; in case when the owners of the property are in the process of taking a legalization permit, etc Economic Rehabilitation Projects leading to inconveniences to the society within which the project is located requires adequate economic rehabilitation of the affected people with due vetting of their entitlements. The project proponent will compensate affected people for loss of physical assets, revenue, and income resulting from economic displacement or physical relocation whether these losses are temporary or permanent. The project proponent will establish transparent methods for the valuation of all assets affected by the project as required under the Albanian laws. These methods include consultation with the affected individuals together with their representatives, to assess the adequacy and acceptability of the proposed compensation to ensure the economic rehabilitation of all the affected people Identification and Classification of Affected Population Groups Identification of the affected target group will be conducted first on the basis of set criteria if the target group (HH, businesses etc) are resident in project areas or non- resident, so as not directly affected by the project implementation. Then, there will be identified the different categories of people affected by the project, as a basis for (i) establishing the terms of their eligibility for support, and (ii) better specifying the terms of assistance. Below it is provided a list of typologies of affected groups. 63 P a g e

64 Typology of Affected Persons Private Property Owners: Unlawful resident (squatters): Encroachers Tenants Project-Affected Families Project-Affected Persons Project Affected Groups: HH living above the Poverty Line Table 21. Typologies of Project Affected Groups Definition Are those who have legal title to land, structure and other assets Are those who have illegally (informal settlements) occupied municipality/commune lands for residential, business and or other purposes. Encroachers are persons who have extended their building, agricultural lands, business premises or work places into municipality/commune lands. Tenants are those persons having tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. Are defined to include each adult displaced person, his/her spouse, minor children and other dependents who habitually reside in one household. Are persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project? Project-affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. Are groups or communities outside the immediate impact of water supply system to be established, that may be affected by the project with a focus on the more vulnerable or weaker groups in society. Based on social assistance schemes acquired at the Regional Department of Social Insurances. Vulnerable groups: Are those groups such as women-headed households, handicapped/disabled and landless families, who will be dealt with on a case to case basis? 64 P a g e

65 3.6. Expropriation Procedure Table 22. Description of Expropriation Procedure Steps according to Albanian Legislation STEPS INSTITUTION DESCRIPTION REMARKS STEP I Interested Institution, i.e Durres Request for expropriation for public interest; Fulfill of criteria provided by law, Water Utility to Ministry of Public Works and Transport (MPWT) especially the necessary documents that prove the expropriation needs; STEP II Ministry (MPWT) Commission for expropriation at MPWT has to examine the request and documents; If the legal criteria are fulfilled the MPWT starts the expropriation procedures; If not, the request will be rejected; STEP III MPWoT Agreement with the subject (DWU) about expropriation; Publication of the notice for the expropriation; Examine the suggestions and the complaints of persons affected by the process; Prepare the draft decision for the Council of Ministers; STEP IV Council of Ministers Approve the decision of the expropriation for public interest; OR Reject the proposal to MPWT with the suggestion to review, if it is not in conformity with the law; STEP V MPWT Pay the compensation to persons affected by the expropriation, before the civil works begin; Important: the fair evaluation of the properties; The procedure must be followed carefully and respecting the right of the third persons to prevent the complaint to the Court; The expropriation it will be done for the persons will accept with free will to be compensated with the conditions published. 65 P a g e

66 3.7. Gaps between Local Laws and World Bank (IFC) Policies Category NATIONAL LEGISLATION WORLD BANK POLICY RECOMMENDATIONS TO BRIDGE GAPS A. Loss of Land Compensation with the price Compensation at full replacement cost. defined before for urban For agriculture land pre-project or Full compensation with the market prices; Families, households land and agriculture land pre displacement, whichever is The Project would assist PAPs who prefer higher, market value of land of equal productive potential within the same land for land compensation in purchasing similar alternative land. vicinity. For urban land, pre-displacement market value of land of equal size and use, with similar facilities and sources within the same vicinity. Replacement land of equivalent productive potential. Non title holder No compensation provided Resettlement assistance in lieu of compensation for land occupied (land, cash, and other assets, employment) to at least restore their livelihoods and standards of living to pre-displacement levels. B. Loss of Homes, Structures Families, households, Structure owners Compensation at the prices referred by the Register of Real Estate Office; Compensation for the structure without title with the condition to have applied before for legalization at the Legalization Agency; Compensation at full replacement cost. For houses and structures the market cost of the materials and labor to build a replacement structure of a similar quality or better than the affected structure. Resettlement assistance to those most vulnerable to restore pre-displacement level livelihoods. Vulnerable groups may include but not be limited to: poor or landless, women headed households, disabled and elderly. Encroachers will not be entitled to any compensation for their affected unauthorized/illegal extensions over public land. Encroachers with economic losses are entitled to assistance for livelihood restoration. Law provides the same standart with WB, meaning that nobody will be damaged. 66 P a g e

67 C. Loss of Economic Assets Families, households Compensation with the cost method of evaluation of object. Compensation at full replacement cost Same standart, nobody will be damaged. D. Loss of Income No provisions Measure to assist affected people in improving their former living standards, income earning capacity, and production levels, or at least restoring them E.Loss of Community Resources Compensation by the Government with market value. F. Consultations The Environment Impact Assessment Act features some consultative activities to be carried out with impacted populations Measures to assist impacted communities to re-establish or re-develop lost Community resources. Systems for comprehensive consultations, full documentation and grievance redressed mechanisms to be in place Rehabilitation assistance for lost or diminished livelihoods. In the case of landless families who suffer partial or total loss of livelihood, provide income generating options and support mechanisms. Compensation for re-establishing or reconstructing lost community resources such as religious and cultural structures, irrigation structures. Restore partially affected structures. Comprehensive consultations with full documentation and grievance redressal mechanisms to be in place. 67 P a g e

68 3.8. RAP Preparation, Review and Approval As stated earlier, the World Bank policy on Involuntary Resettlement OP4.12 is triggered because the project will finance investments that may require the involuntary taking of land, other assets or economic impact. Alttough, the location of the areas where component 2 of the project (waste water investments) and its sub-components are not known at the time of the preparation of the project, the identification of these areas will be made during implementation of this project, in a process defined here below. When that happens, land will be acquired and people will be affected. At that stage, OP4.12 calls for the preparation of individual RAPs that must be consistent with this RPF. To address the impacts under this policy, resettlement and compensation plans must include measures to ensure that displaced persons are: (a) Informed about their options and rights pertaining to resettlement and compensation. (b) Consulted on, offered choices among, and provided with technically and economically feasible resettlement and compensation alternatives. (c) Provided prompt and effective compensation at full replacement cost for losses of assets and access, attributable to the project Process for Screening and Review of RAPs The first stage in the process of preparing the individual resettlement and compensation plans is the screening process to identify the land/areas that are being impacted. The resettlement and compensation plans will contain the analysis of alternative sites undertaken during the screening process. This section sets out a harmonized step by step process that the project will take to determine whether the sub-components will result in physical or economic displacements, and therefore whether a resettlement action plan (RAP) is required and of so, how to prepare and implement one. Screening for Involuntary Resettlement Measures to address resettlement shall ensure that PAPs are: Informed about their options and rights pertaining to resettlement; Included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives; Provided prompt and effective compensation at full replacement value; a Experiencing losses of assets and access attributable to the sub component(s). Screening Checklist This is to ensure that the process for screening remains simple and concise. The list of sub components that have potential resettlement issues will then be subjected to a comprehensive sensitization and consultation process with the potentially impacted communities and the outcome of this process would be documented for each site. The list and the outcome of the consultative process for each site/sub-component on the list would then be sent to the respective local government units in the jurisdiction mandated to confirm, approve, disapprove, refer for further consultation and/or take a final decision on each proposed site/sub-project. Carrying out the screening process in this way is designed to give it the integrity and transparency it needs to allow all stakeholders to have confidence in the process. Once sub-components have been approved using this consultative process, the chosen locations will be the subject of a study and the preparation of a document as follows: a socio-economic study (this study will include determination of impacts) preparation of individual resettlement action plans (RAPs). The above mentioned steps will be taken or facilitated by the Project Environmental and Social Safeguards Officer, under the guidance and direction of the Project Manager and with support, as 68 P a g e

69 relevant of a suitably qualified NGO or contracted entity who would support wider-scale implementation where necessary. A RAP Template is provided below. Template for Abbreviated RAP (for any future instance where social safeguard policies are triggered) 1. Census survey of displaced persons and valuation of assets; (list of affected people and how they are affected. What are they losing concretely and valuation) 2. Description of compensation and other resettlement assistance to be provided; (self-explanatory: what is being given and how they are helped) 3. Consultations with project affected persons (PAP) about acceptable alternatives; (report on consultation) 4. Institutional responsibility for implementation and procedures for grievance redress (who does what? and when?) 5. Arrangements for monitoring and implementation (who checks weather parties under step #4 above are doing their job?) 6. Time table and budget (timing for each step and the costs ) 7. Simple socio-economic study (In addition to the census of the individual PAPs, the survey would list all their assets and livelihood factors in order to be able to assess the magnitude of impact. Under subsection 1 in the census there will be information that person A will lose 500 sq meters of land. Under subsection 2 there will be information about what person A does for a living and what else this person owns and uses). 69 P a g e

70 Annex 4. Offical Correspondence (IPRO, Communes) Annex 4.1. IPRO correspondence (In Albanian: ACER Request for Information to IPRO Durres and IPRO Durres Response Identifing the owners namein Bize village) 70 P a g e

71 71 P a g e

72 72 P a g e

73 Annex 4.2. Cadastral Map of Ishem Commune (Lalzi village) 73 P a g e

74 74 P a g e