THE REPUBLIC OF GHANA MINISTRY OF ROADS & HIGHWAYS GHANA HIGHWAY AUTHORITY

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized THE REPUBLIC OF GHANA MINISTRY OF ROADS & HIGHWAYS GHANA HIGHWAY AUTHORITY RESETTLEMENT ACTION PLAN RECONSTRUCTION OF AGONA JUNCTION ELUBO ROAD (115.0 KM) CHIEF EXECUTIVE GHANA HIGHWAY AUTHORITY ROAD SAFETY & ENVIRONMENT DIVISION P. O. BOX 1641 ACCRA AUGUST 2009 RP835 V2

2 TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY... vi 1.0 INTRODUCTION Objectives of the RAP Project Objectives OPERATIONAL PROCEDURES Institutional Framework Ministry of Roads and Highways (MRH) Ghana Highway Authority (GHA) Land Valuation Board (LVB) The District Assemblies Utility Companies Ministry of Finance/Accountant General s Department GHA Project Management Unit Town and Country Planning Department (TCPD) Attorney General s Department and Ministry of Justice LEGAL FRAMEWORK FOR EXPROPRIATION AND COMPENSATION Constitution of the Republic of Ghana State Lands Act, 1962 (Act 125) Statutory Way-Leaves Instrument The World Bank Operational Directive OP Comparing the Ghanaian Law and the World Bank OP MRH s Resettlement Policy Framework (RPF) PROJECT DESCRIPTION AND JUSTIFICATION Project Location Existing Road Condition Project Components Design Standard Project Works Horizontal and Vertical Alignments Drainage Structures Construction Activities and Materials Traffic Control Devices/Road Furniture Project Justification SOCIO-ECONOMIC SURVEY OF PROJECT AFFECTED PERSONS (PAPs) Socio-Cultural and Economic Landscape of PAPs Population and Settlement Socio-economic Characteristics of PAPs Housing Characteristics Land Uses Economic Activities in the Corridor Findings RESETTLEMENT ACTION PLAN Justification for a Resettlement Action Plan (RAP) Methodology VALUATION PROCEDURES Introduction Eligibility Criteria Proof of Eligibility Notification Values of Land Parcels in the Right-of-Way Land Ownership The Valuation Process Basis of Valuation Method of Valuation Structures to be Affected Payment of Compensation Entitlement Matrix PUBLIC CONSULTATIONS INSTITUTIONAL RESPONSIBILITIES ii

3 10.0 MONITORING & EVALUATION ARRANGEMENTS BUDGET Sources of Funding DISCLOSURE List of Figures Figure 1: Project Location: Agona Junction - Elubo Road in National and Regional Context... 2 Figure 2: Location Map: Agona Junction - Elubo Road (115 Km)... 3 Figure 3: Organizational Structure List of Tables Table 1: Comparison of Ghanaian laws and World Bank Policies Table 2: Settlements along the road corridor Table 3: Survey Results of Persons Living along the Road Corridor Table 4: Age Distribution Table 5: Household Size Table 6: Number of Households Table 7: Survey Result of Properties along the Road Corridor Table 8: Summary of Estimated Compensation for Properties/Structures Table 9: Summary of Estimated Compensation on Crops/Trees Table 10: Proposed Implementation Schedule for both permanent and temporary Structures 26 Table 11: Computation of Supplemental Assistance Table 12: Entitlement Matrix Table 13: Monitoring Responsibilities iii

4 ACRONYMS AfDB DA EI EIA ESMF GHA GOG IDA LVB M & E MF MRH NGOs OD OP PAP(s) RAP ROW RPF RSDP RSED SA SIA TWAH WB African Development Bank District Assemblies Executive Instrument Environmental Impact Assessment Environmental and Social Management Framework Ghana Highway Authority Government of Ghana International Development Association Land Valuation Board Monitoring and Evaluation Ministry of Finance Ministry of Roads and Highways Non-Governmental Organisational(s) Operational Directive Operational Policy Project Affected Person(s) Resettlement Action Plan Right of Way Resettlement Policy Framework Road Sector Development Programme Road Safety and Environment Division Supplementary Assistance Social Impact Assessment Trans-West African Highway World Bank DEFINITIONS FOR CATEGORIES OF PROJECT AFFECTED PERSONS (PAPs) For the purpose of this report various categories of PAPs have been defined below. Business (Owner): A project affected person who owns a structure and business. Business (Tenant): A project affected person who only owns a business. Residence (Owner): A person who owns a building or structure and is affected by the project. Residence (Tenant): Affected person who rents the premises but has no interest in the land which he or she occupies. Licensee, Squatters, Encroachers: Users of the right- of-way. They occupy temporary structures. iv

5 SUMMARY TABLE Item Description Comment 1 Region Western Region 2 Districts Ahanta West and Jomoro Type of Civil Works Road Length (Km) - Rehabilitation and Pavement Strengthening of Existing Agona Junction- Elubo Trunk Road - Asphalt Concrete Pavement and Double Surfaced Shoulders Total Number of Affected Communities Total Affected Household Heads/PAPs who will be losing Buildings Structures, Crops and Trees 84 (i.e ) Total Number of Males - Total Number of Females - Unknown - Community Facilities (Schools, Fence Walls, Hotels, Filling Station, Fish Pond,) - Fully and Partially Affected Building Structures (Total) Number of Affected Communities - Permanent Structures Temporary Structures 6 Estimated area of Partially Affected Farmland 7 - No. of PAPs who will be losing Trees and food crops - Number of Males 7. - Number of Females - Unknown - Institutions - Churches acres v

6 7.1 - Number of Affected Communities 57 8 No. of Affected Public Utilities - Water Pipes Electric Poles - Phone Poles - Cemeteries Total Budget for Implementation of RAP Contingency - Quantity and cost to be determined during relocation of utilities - As above - As above - No cemeteries will be affected along the corridor GH 11,632, (US$ 7,859,918) 30% EXECUTIVE SUMMARY Introduction The Government of Ghana (GOG) has adopted a policy to maintain and expand the road network in the country. As part of this policy implementation, it intends to reconstruct the Agona Junction - Elubo section of the main road from Takoradi, the Western Regional capital, to the Cote D Ivoire border at Elubo. The section, which is km long, is considered as the missing link of the main Elubo-Aflao road, for which funding has not been secured for its reconstruction. The reconstruction of the km Agona Junction - Elubo trunk road is in line with the Government of Ghana s Growth and Poverty Reduction Strategy II (GPRS II), which seeks to achieve a high trunk road condition mix by the end of the The GOG received funding from the African Development Bank for the Feasibility and Detailed Design Studies and is now also sourcing funding from the World Bank to finance the reconstruction of the road project. The Ghana Highway Authority (GHA) of the Ministry of Roads and Highways (MRH) is the implementing agency. This Resettlement Action Plan (RAP) has been prepared to be implemented prior to the road reconstruction to mitigate the adverse social impacts on the project affected persons (PAPs) identified. Objectives of the RAP The main objectives of the RAP include the following: To prevent or at least mitigate the adverse impact associated with the implementation of the road project: To deliver the entitlements to the PAPs and support the restoration of their livelihoods, in line with the 2006 Resettlement Policy Framework (RPF) of the Ministry of Roads and Highways (MRH); 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. vi

7 Legal Framework The documents upon which the legal framework of this Resettlement Action Plan hinges on are: The constitution of the Republic of Ghana i.e. Article 20 of the 1992 constitution. The State Lands Acts, 1962 (Act 125) which gives authority for land to be acquired. The Statutory Way-leaves Instrument provides for or empowers the President, whenever in his opinion, entry on any land for construction and maintenance of public works. The 2006 Resettlement Policy Framework (RPF) of the Ministry of Roads and Highways and its Agencies. The document mentions that no one is to be denied compensation because he/she is not the holder of a legal document. It proposes payment of supplemental assistance to non-holders of legal titles. The World Bank Operational Directives OP 4.12, which outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being. Project Affected Persons (PAPs) Project Affected Persons in this document refers to households, business units, (including their workers), owners of assets like land and buildings, non-resident lessees; tenants of buildings; squatters and roadside dwellers, who have been identified to be adversely affected by the activities during the reconstruction of the road. Socio-economic Characteristics of PAPs A sample survey was conducted in the project corridors for those whose properties were marked for demolition as well as for squatters who would be relocated elsewhere during the implementation of the project. From the analysis of the data obtained from the survey, the summary of the results of the principal demographic and socioeconomic characteristics are outlined as follows: Demographic characteristics showed that sex ratio of PAPs along the project road indicated that on the average the males were more than females, i.e. 73% (1529) for males and 27% (565) for females. Also there were more married persons than those unmarried as the analysis of the survey results indicated that about 77% of the PAPs were married, 3% divorced, 1% separated, 18% are single, while another 1% are widowed. The survey also revealed that about 98% of the PAPs were between the ages of Social Conditions Literacy status among the affected persons was high. About 27% were found to have had at least primary education, 32% Junior High, 23% Senior/Vocational/Technical and 7% Tertiary. However, about 10% do not have any education. In the same vein, about 92% were found to be Christians, 7% Moslems and 1% others. Also, about vii

8 99.5% of the PAPs were found to be Ghanaians, while Akan (88.1%), Hausa (4.5%) and Ewe (2.9%) were the major languages spoken by the PAPs. Economic Conditions The survey result also indicated that majority of the PAPs were engaged in trading (86%), followed by Artisans (9.4%) and Business (1.8%). 1.3% of the PAPs responded that they were unemployed. The average monthly income of the PAPs as determined from the survey results is GH 366. viii

9 Survey Results of Persons Living along the Road Corridor C D A DEMOGRAPHIC Number Percentage Gender Females % Males % Marital Status Married % Divorced 63 3% Separated 21 1% Single % Widowed 21 1% B SOCIAL Religion Christian % Moslem 147 7% Other 21 1% Education Primary % JSS % SSS/Tech/Voc % Tertiary 147 7% None % Nationality Ghanaian % Non-Ghanaian % Ethnic Distribution Akan % Nzema 6 0.3% Ewe % Ga % Krobo 6 0.3% Kusasi 6 0.3% Hausa % French 6 0.3% Other % ECONOMIC Occupational Distribution Artisan % Business % Clearing 6 0.3% Bar Operator 6 0.3% Farmers % Technician 6 0.3% Traders % No Response % INCOME Average monthly Income GH Average monthly of Household GH ix

10 Eligibility Any person who was identified to suffer loss of or damage to a building, business, trade or loss of access to productive resources, as a result of the reconstruction of the Agona Junction to Elubo road project was considered eligible for compensation and/or resettlement assistance. The cut-off date for being eligible for compensation and/or resettlement assistance was 31 st July, 2009, which was the last day during which the socio-economic survey was completed. This is consistent with the laws of Ghana and the World Bank policy. The cut-off date was explained and agreed with the District Assemblies (DA s) as well as the community and opinion leaders. Impacts of the Project Potential Benefits The implementation of the project will create some benefits for road users, those who live and work in the corridor and for the country as a whole. The implementation of the project, as already mentioned will also help facilitate the increased movement of goods in the corridor. The design of road will ensure that the following benefits accrue to users. 3 Travel comfort will be enhanced and travel time reduced. 3 Stress on business people caused by delays will be reduced. 3 Pedestrians will be adequately catered for by well-designed walkways, signalized junction crossings, lay byes, and pedestrian refuges in the median at selected points. 3 Perennial floods would be managed and controlled. 3 Aesthetics of corridor will improve. 3 There will be free flow of traffic, less air pollution because vehicles will be travelling at a speed, which permits optimum combustion, and thereby reducing vehicular emissions. 3 Public transport will function more efficiently because of free flow of traffic facilities, faster return trips and this tends to attract transport owners. 3 Added to these benefits that will accrue from road rehabilitation is the fact that construction will provide employment for different categories of people ranging from laborers to highly trained professionals. Potential Negative Impacts The proposed project has both physical and social implications on the road corridor. The widening of the road will take strips of land which are currently being used for socio-economic activities. Apart from house owners losing portions of their building, some traders and artisans who operate within the right-of way will also have to be relocated. The physical impacts on properties include: Business structures (both permanent and temporary); Residential houses (both permanent and temporary); Impacts on public amenities and properties; and Impact on land. Impact on trees is limited. The potentially adverse social impacts of the project include: x

11 i) Construction Phase Loss of business; Impact on well-being of Project Affected Persons(PAPs); Traffic hold-ups and congestion; Disruption of public transportation system Disruption of utilities Temporary loss of access to properties; Probable increase in accidents; Occupational health and safety of workers; Impacts on women livelihoods; Impacts on utilities. ii) Operational Phase 3 3 Road safety; Impacts on existing businesses in the corridor. Summary of Estimated Compensation for Properties/Structures Affected by the Apimanim Elubo Road Project No. Name of Town No. of Households Land Value Structure Value Total Value 1 Ajumako/Patase 15 6, , , Abura 1 1, , , Nyamebekyere , Anyanoo , , , Ekwansuazo , , Dadwen 24 10, , , Ankyerenini 17 21, , , Ayisakro 4 4, , , Bobrama 2 1, , , Asanta 2 1, , , Ankobra 4 1, , , Kamgunli 2 3, , , A.B. Bokazo 2 1, , , Ayinasi 2 1, , , Nebelle 2 1, , , Mpataba , , Samenye 8 1, , , Compound 2 1, , , Sowodadzem 28 9, , , New Ankasa 4 2, , , Anhwiafotu 21 Junc. 3 1, , , Ankasa , , Mansa Nkwanta , , xi

12 No. 24 Asufofo No , , , Mangoase 2 1, , , Alhaji , , Elubo 591 1,408, ,654, ,062, Total (GH ) 744 1,497, ,311, ,809, Total (US $) 1,011, ,913, ,925, US $ = 1.48 GH Summary of Estimated Compensation on Crops/Farms Affected by the Road Project Value Of Total Estimated No. Of Value Of Crops (GH Value of Town Claimants Land (GH ) ) Crops/Land (GH ) 1 Apimanim 5 168, , , Morhinson Jn , , , Aderwaso , , , Ajumako (Princess Jn.) , , , Ayabengkrom , , , Abura 16 60, , , Anyaano , , , Nyamebekyere (Barrier) , , , Adelesuazo , , , Anagye 12 68, , , Kegyina/Eselemu , , , Ekwansanzua , , , Dadwen 48 80, , , Akyerenini , , , Ndatiem 49 72, , , Ayisakro , , , Asanta , , , Ankobra , , , Bobrama 18 77, , , Kikam 2 1, , Eziama 43 57, , , Azuleloanu 32 49, , , Ampain 31 49, , , Bakanta 5 7, , , Kambunli 25 84, , , xii

13 26 Ekwandue 10 66, , , Edwakpole 39 90, , , Alabokazor 14 42, , , Kpandue 37 50, , , Ayinase 16 26, , , Memzezor , , , Mpem , , , Bawia 14 42, , , Nbellene 46 87, , , Semanye 18 43, , , Azuleti 25 86, , , Samenye 8 24, , , Compound , , , Mpataba , , , Mile , , , Mantemankabi 5 15, , , Nsunyameye 12 25, , , Sere Nyame 3 13, , , Sowodazem 18 45, , , New Ankasa 18 39, , , Anwhiafotu 46 Junction 23 60, , , Nyame Bekyere 12 70, , , Ankasa 8 88, , , Tobotobo 8 26, , , Mansa Nkwanta Asufofo no , , , Soso no , , , Susuka 2 13, , , Mangoase 5 36, , , Alhaji 4 22, , , Kojo Black 17 71, , , Elubo , , , Total (GH ) ,756, , ,523, Total (US $) 3,213, , ,732, US $ = 1.48 GH xiii

14 Assessment and Payment of Compensation Two categories of affected persons were identified within the road safety corridor and these have been compiled to receive compensation. The categories are: Owners of Permanent Structures Owners of Temporary Structures All properties that fall within the right-of-way have been captured and photographed with measurement as well as constructional details. The type, age, state and stages of all affected properties have been established. The cost or amount of compensation to be paid is based on the depreciated replacement cost plus the value of the land/structure. The identified PAP s will be offered and paid compensation that will be based on the assessed values of their properties. Compensation to owners of these structures has three components: 3 Land value; 3 Cost of replacement of structure; 3 Disturbance. Grievances and Redress Procedure Each individual PAP has the right to refuse the compensation proposed and take his or her case to court of justice if he or she finds the compensation to be inadequate and unfair under replacement cost. The GHA has constituted a Grievance and Redress Committee to receive and mediate any such complaints. The Committee is composed of the Director of Survey and Design, the Principal Valuer, the Environmental Manager and the Principal Legal Officer. It is expected that this Committee will be able to amicably settle any claims and disputes. Otherwise the PAP s can seek redress from the Magistrate to the High court as is common practice in Ghana. Resettlement/Rehabilitation Programme To ensure successful implementation of the resettlement expropriation and /or compensation programme, the GHA will set up a Project Management Unit (PMU) to implement this RAP. The PMU will ensure continuous consultations with the PAP s throughout the implementation process. xiv

15 Entitlement Matrix Type of Loss Eligibility Criteria Entitlement Loss of Land (Urban or Rural) Various interest and rights allodial title holder, Compensation Capital Market Value of Asset freeholder, leaseholder, tenant, licensee Loss of Structure Various interest and rights freeholder, leaseholder Compensation Capital Market Value of Asset Business Losses Supplementary Assistance based:- - Loss of business income - Business owner/operator - average net monthly profit; - Loss of business goodwill - Business owner/operator - monthly rent passing; - Loss of rented income - Landlord/Leaser - equivalent of rent advance to be refunded - monthly wages earned; - Loss of wage income - Business employees/attendants - training fees to be refunded - Loss of fees from trainees/ apprentices - Trainer/Person offering apprenticeship job training Calculated for a specific period taking into consideration reinstatement period. Loss of Business, Residential or Industrial - Residential/Commercial/Industrial Tenant Supplementary Assistance based:- Accommodation or Room - Owner of building during the reinstatement period - comparable open market rent for alternative accommodation based on specific period (reinstatement period); and - transportation rates for the transfer of chattels or movable properties Loss of location for temporary structure - expense for moving structure Owner of temporary structure Squatters Supplementary Assistance based on :- transportation rates for the transfer of structure Loss of training or apprenticeship - Apprentice/Trainee Comparable fees for alternative training - Loss of economic or perennial trees Various rights and interest holders Sharecroppers, Open Market Value for assessed crops/plants - Loss of food crops - Loss of grazing land Licensees, Lessees Loss of Public Utilities Institution/Operator Responsible Compensation Capital Market Value of Asset Loss of Physical Cultural Properties Institution/Operator Responsible Compensation Capital Market Value of Asset xv

16 Monitoring & Evaluation The GHA will be responsible for the overall monitoring of the day to day implementation of this RAP. Additionally, the MRH, World Bank and the EPA would also conduct periodic monitoring while external Consultants and Experts would be hired to evaluate and audit the implementation. Budget The general budget for the project includes compensation for affected temporary and permanent structures and crops and as well as affected trees. The overall cost of implementation of the RAP is GH 11,632, (US$ 7,859,918). The overall RAP cost would be included in the road reconstruction cost. On the basis of methodology for assessing the compensation due to the PAP as indicated in Section 7.1, an estimate has been developed to guide the payment of compensation and is presented in Annex 1. A summary of the budget as follows in the Table below. Budget for Managing RAP including Compensation Payment Description Amount ($) Coordination with Stake holders 5,000 Awareness and Education on RAP Procedures 5,000 Determination of PAPs and Compensation Levels 5,000 Negotiation with PAPs 5,000 Compensation for structures 3,925,036 Compensation for crops 3,732,113 Compensation for Churches 46,334 Compensation for Schools 23,756 Fence Wall 8,676 Hotels 10,906 Fish Pond 33,097 Grievance Redress and Dispute Resolution 10,000 Monitoring of RAP Process 25,000 Evaluation and Audit by Independent Consultant 20,000 Completion Report Writing 5,000 Total 7,859,918 Exchange rate applied is GH 1.48 to $1 and the amounts in Dollars rounded up as at 21/07/09. The unit rates, names and location of all PAPs are presented in the Annex. xvi

17 xvii

18 Resettlement Action Plan 1.0 INTRODUCTION To increase the efficiency of the transportation network, new roads are being constructed and improvements made to existing ones in both urban and rural areas.the Agona Junction Elubo road project, the location of which is given in Figures 1 & 2, is the western most section of the Trans West African Highway project in Ghana. Implementation of the project is in line with Government of Ghana s programme to rehabilitate and improve on the existing network. The aim is to help facilitate the easy movement of goods and people in the country as well as to the neighbouring Cote D Ivoire. To achieve this purpose the Government of Ghana (GOG) received funding from the African Development Fund (AfDB) for financing Feasibility and Detailed Engineering Design, Environmental and Social Impact Assessment studies and preparation of Tender Documents for the rehabilitation of Agona Junction Elubo Road. In June 2005, the Government of Ghana, through the then Ministry of Roads and Transport and Ghana Highway Authority awarded and signed a contract with Arab Consulting Engineers to undertake the Consultancy Services for the Project. The project as proposed, falls in the category of undertakings (Regulation 3 of Ghana s Environmental Assessment Regulations, (L , 1999), for which Environmental Impact Assessment (EIA) was required, as the basis for consideration for an Environmental Permit. Again in view of possible destruction of properties (buildings and other properties) a Social Impact Assessment was conducted in line with the Ministry of Roads and Highways (MRH) ESMF and RPF as well as the World Bank s Operational Directive O.P This was done to ensure that people whose properties were affected as a result of the road project receive full compensation. The implementation of such projects is normally associated with some negative and positive impacts. The positive impacts will enhance economic and social activities including easy access to markets, educational and health facilities as well as reduce travel time and vehicle operating costs. On the other hand, the construction of the road will result in destruction of the natural environment, demolition of properties, disruption in incomes and livelihoods. This report outlines a compensation plan to be implemented to mitigate these negative impacts on affected properties. Under Act 186 of Ghana s State Lands Act 186 of 1963, any person who will suffer the loss or damage to his or her property as a result of any project will receive compensation. This will also apply to owners of properties along the Agona Junction - Elubo road. 1

19 Resettlement Action Plan Project C idor Figure 1: Project Location: Agona Junction - Elubo Road in National and Regional Context 2

20 Resettlement Action Plan End of Project Road Beginning of Project Road Figure 2: Location Map: Agona Junction - Elubo Road (115 Km) 3

21 Resettlement Action Plan 1.1 Objectives of the RAP The main objectives of the RAP include the following: (i) (ii) (iii) (iv) (iv) (v) (vi) (vii) (viii) Undertake socio-economic survey along to corridor to assess the impact on people who shall be affected by the project. This shall include the assessment of the magnitude of any displacement and the general impact of the project implementation both positive and negative; To prevent or at least mitigate the adverse impact associated with the implementation of the road project; Using the data prepared by GHA, and in consultation with LVB and GHA Valuation and by field observation, enumerate all section, and by field observation, enumerate all persons and properties (households and commercial undertakings, renters and other habitual occupants of the ROW, whether or not with legal title) to be affected by the project, either totally, partially or marginally; In addition, identify and give numbers and documents to all affected parties, publish a notification in the newspapers and through other media to inform the public that the process has taken place, and that no other person who seeks to be included among the official list of affected parties will be recognized (i.e. indication of cut off date); Ensure that data in (iii) include non-land owners of property along the corridor who will require supplemental assistance. Prepare a Compensation Action Plan after establishing consultative channels with the various District Assemblies, the Town and Country Planning Department, Affected People and other identifiable stakeholders; To deliver the entitlements to the PAPs and support the restoration of their livelihoods, in line with the 2006 Resettlement Policy Framework (RPF) of the Ministry of Roads and Highways (MRH); To ensure that the standard of living of PAPs is improved or at least restored; and To maximize the involvement of PAPs and civil society in all stages of the implementation of the RAP. Public fora shall be organized and will involve all identifiable stakeholders along the corridor. The outcome of the fora and comments will form basis for amendments to the resettlement plan by client. The Resettlement Plan shall indicate among other things, the following: The means by which the project can be used to preserve the livelihood of the affected people along the corridor The institutional responsibilities for the execution and management of the resettlement plan Mechanisms for consultation with affected persons An implementation schedule for the resettlement plan Monitoring indicators for the resettlement plan 4

22 Resettlement Action Plan Using the framework in the Ministry of Roads and Highways ESMF and RPF to identify the various categories of affected people and their entitlements and the World Bank Operational Directive OP4.12. A budget for the implementation of the resettlement plan A timetable for implementation, showing inter alia that all compensation will be paid and any transfer of people or business enterprises will be accomplished before actual movement or loss of assets is suffered. 1.2 Project Objectives The objectives of the project are to: To realign and strengthen the existing pavement of the road as well as reconstruct the very bad sections of the road from Agona Junction to Elubo in the south-western part of Ghana. This section of the road forms part of the Trans-West African Highway being constructed from Aflao at the south-eastern border to Elubo in the West; To reduce the number of accidents along the poor sections of the road; To reduce travel time, vehicle operating cost and cost of travel; and To support the socio-economic development activities of Ghana. Improved accessibility will attract businesses to the western corridors of Ghana. Export items such as gold, diamond, timber, bauxite will get to the Takoradi Port faster and cheaper. Food items will also readily get to the market centres along the road. 5

23 Resettlement Action Plan 2.0 OPERATIONAL PROCEDURES 2.1 Institutional Framework The institutions discussed in this section all have a role to play in relation to the operational procedures of the resettlement action plan and to ensure that the plan is effectively and efficiently implemented and monitored Ministry of Roads and Highways (MRH) The Ministry of Roads and Highways is the ministry responsible for road transport in Ghana. It is the duty of the MRH to ensure that this RAP is carried out effectively and does not hold up the project. The Ministry will ensure that the necessary monitoring and evaluation are carried out as proposed in this RAP and funds required for compensation and follow up activities are made available Ghana Highway Authority (GHA) GHA is the road agency implementing the road reconstruction of the Agona Junction to Elubo road and will therefore implement and monitor this plan. The GHA will be directly responsible for ensuring that every PAP entitled to supplemental assistance and/or compensation is adequately paid and on time. The Road Safety and Environment and the Contracts Divisions of the GHA are directly responsible for the implementation of the RAP Land Valuation Board (LVB) The LVB is the government agency mandated to value properties and approve rates paid as compensation on government projects. LVB will receive and verify documentation on affected properties, such as Title Deeds or Land Registration Papers, submitted by the PAPs and review compensatory values proposed by the Valuation Section of GHA. This is to ensure that payments are not made to people who are not adversely affected and also compensations offered affected persons are reasonable The District Assemblies The Assemblies are the local authorities who have jurisdiction over the road corridor. The Assembly grants permits and licenses for development and operation of infrastructure and any commercial activity. Any development, redevelopment and relocation of businesses resulting from the road project as a result of implementing this plan will be approved by the DA and the necessary permits issued Utility Companies Utility companies such as Electricity Company of Ghana (ECG), Ghana Water Company Ltd (GWCL), Ghana Telecom (GT), would all assist in the relocation of the public services to the PAPs. They will connect businesses and homes that relocate back onto their systems. 6

24 Resettlement Action Plan A Utility Relocation Committee will be set up to ensure that person(s) that are relocated and have access to those utility services are reconnected without added cost and distress Ministry of Finance/Accountant General s Department On request from the GHA through the Ministry of Roads and Highways, the Ministry of Finance will authorize and release to GHA, the funds required to pay supplemental assistance and compensations. The funds so released are channeled through the Accountant General s Department to GHA GHA Project Management Unit The organizational framework for the management of the payment of compensation will be the responsibility of the Ghana Highway Authority (GHA). The GHA will set up a Project Management Unit (PMU) comprising of representatives from the Planning, Contract, Road Safety and Environment Divisions as well as the Valuation Section. The main task of this PMU is to oversee the effective implementation of the RAP. The PMU also include a representative each from Association of Civil Society Organizations (CSO s), District Assembly and Community Town and Country Planning Department (TCPD) The Department prepares planning layouts for towns and cities. It also vets and approves layouts prepared by prospective developers and specifies all road reservations based on forecasted land use plans. The department is required to approve developments and grant permits in conformity with the already prepared layout of the area. The TCPD provided the area plan for the road corridor and confirmed approval for the approved reservation Attorney General s Department and Ministry of Justice The Ministry of Justice and Attorney General s Department have redress mechanisms in place for aggrieved persons. Individuals who will not be satisfied with compensation offered them are empowered by constitution to seek redress in a court of law. 7

25 Resettlement Action Plan 3.0 LEGAL FRAMEWORK FOR EXPROPRIATION AND COMPENSATION The important documents upon which the legal framework of this resettlement action plan hinges on are: the Constitution of Ghana, State Lands Act which gives authority for land to be acquired if it serves the public interest, the Statutory Way-Leaves Instrument, the Resettlement Policy Framework of the MRH and the World Bank Operational Directives, OP 4.12, which outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being. All power and authority to evoke the various documents is vested in the National Constitution, which is assumed to give authority for the actions taken. 3.1 Constitution of the Republic of Ghana Article 20 of the 1992 Constitution of the Republic of Ghana provides for the protection from deprivation of property unless such acquisition is made in the interest of defense, public safety, public order, public morality, town and country planning, or the development or utilization of property to promote the public benefit. The project road reservations are therefore being acquired to promote public benefit. 3.2 State Lands Act, 1962 (Act 125) This Act provides for the acquisition of land in the national interest and for other purposes connected therewith. The relevant extracts to support this Act are sections 1; item 1, 2 and 3, sections 2, section 4 as well as section 4A of the Amendment Decree of Details of all these extracts can be found in MRH s Resettlement Policy Framework (RPF) of Statutory Way-Leaves Instrument This Act is probably the most relevant Act in place with regards to land acquisition for road construction. Section 1 of this Act empowers the President whenever, in his opinion, it is in the public interest to: Provide for entry on any land for construction, and maintenance of public interest. Provide for entry on any land for construction and maintenance of public works and for the creation of ROWs and other similar rights with respect to such works. Works are to be provided by the Local Authority or any Statutory Organization, Corporation or Department. If this means of compulsory acquisition is undertaken, an application is made to the Lands Commission, which then consults with the Minister of Lands and Forestry to continue with the transfer process. The instrument for the acquisition must contain the following elements: 3 3 Description (with measurements) of the land affected by the Lands Act together with a plan showing the position of the works to be constructed thereon, and Particulars of the person or body receiving the benefits of the Executive Instrument. 8

26 Resettlement Action Plan 3 A copy of a Way leaves Instrument shall be served on the owner or occupier of the land affected by the executive instrument and, if neither the owner nor occupier can be found, it shall be posted in a conspicuous place on the land and published in a local newspaper. The right may be terminated in accordance with Lands (Act 186) Regulations 1963, including revocation by the President, based on the recommendation of the Minister of Lands and Forestry after the instrument ceases to be used for the purpose for which it was granted. 3.4 The World Bank Operational Directive OP 4.12 The OP states in part that:.. 2. Development projects that displace people involuntarily generally give rise to severe economic, social, and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community structures and social networks are weakened; kin groups are disperses; and cultural identity, traditional authority, and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environment damage unless appropriate measures are carefully planned and carried out. The policy objectives and details of the OP 4.12 can be found at the Banks website and in the MRH s RPF Comparing the Ghanaian Law and the World Bank OP 4.12 The Constitution is the final legal authority on acquisition and compensation. However, it allows the adoption of other directives whenever the funding source for a project specifies otherwise. In this project, funding is from the World Bank thus the Bank s rules on involuntary settlement are adopted. The World Bank Operational Directive OP 4.12 explicitly makes adequate provision for project affected persons who are either displaced or suffer other loss, as a result of projects, to be adequately catered for. Livelihoods of persons to be affected must be preserved, but in cases when this is inevitable, minimal displacements should occur. In instances where displacement is unavoidable, compensation should be paid to PAPs to help them to restore their social, economic and environmental livelihoods. The Ghanaian statutes make provision for compensation to be paid out to only persons who have suffered any loss and can produce any form of title that is legal in the form of deeds, leaseholds, or legally binding tenancy agreement to the land in question. However, the Operational Directive expects all forms of losses without exception to be catered for. Under the Ghanaian statute, it is the preserve of the minister to assess loss due to works done but the World Bank OP 4.12, advocates the involvement of project affected persons through 9

27 Resettlement Action Plan fora, surveys etc. to ensure that the project enjoys the full support of the Bank and affected persons. The Operational Directive advices that project affected persons are assisted during their transition period in the resettlement site and efforts made to restore their livelihood whereas the State Lands Act is very silent on that. Table 1 below contains a comparison between the Ghanaian Laws to the World Bank. To operate within the directives of the Bank, the RAP is being developed in line with the OP 4.12 with the involvement of affected persons through consultations and compensation paid based on full replacement cost; disturbance and restoration of livelihood. Table 1: Comparison of Ghanaian laws and World Bank Policies Item Ghanaian Law Requirement The Ghanaian State Lands Act is very silent on this issue.. World Bank Policy Requirement The Operational Policy advices that persons be assisted during their transition period in the resettlement side and efforts made to restore their livelihoods. Timing of Prompt Prior to displacement compensation payment Calculation of Fair and adequate Full replacement cost compensation Squatters No provision, they are deemed not to be eligible Resettlement In situations where inhabitants have to be displaced, the state is to resettle all on suitable land with due regards for their economic well being and social and cultural values Resettlement Assistance Information & consultation No specific provision with respect to additional assistance and monitoring The owner /tenants on the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry. Are to be provided supplementary assistance( but no compensation for land) Affected persons who are physically displaced are to be provided with residential housing, or housing sites, or as required, agricultural sites at least equivalent to old site. Preference to be given to land based resettlement for displaced persons whose livelihoods are land-based. Affected persons are to be offered support after displacement, for a transition period Displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementation and 10

28 Resettlement Action Plan monitoring resettlement Grievances Informal mechanisms and formal access to court of law Appropriate and accessible grievance mechanisms to be established. However, in the event of a conflict between the national legal framework and the World Bank Policy, the latter will supersede the local legal framework. This is because this forms part of the terms of the credit agreement tenets of the International Convention which Ghana is a party to and had signed. 3.5 MRH s Resettlement Policy Framework (RPF) The Ministry of Roads and Highways (MRH) has prepared a Resettlement Policy Framework (RPF) which serves as a guideline for the preparation of a RAP on all road sector-related projects. The RPF represent statements of policy, guiding principles and procedures, as well as environmental and social safeguards instruments of reference for the transport sector projects. 11

29 Resettlement Action Plan 4.0 PROJECT DESCRIPTION AND JUSTIFICATION 4.1 Project Location The km Agona Junction Elubo road, classified as National Road NR1, is situated in the south western section of Ghana and forms part of the Coastal Trans West Africa Highway which commences at Aflao in the east and ends at the border at Elubo in the west as shown in Figure 2. It is not only an important link as it serves several villages and towns, but is also strategically placed in helping to promote the development of the adjoining remote rural areas and improve road safety in general. On the national level, it has a direct influence over a population of about 1.84 million inhabitants and an area of 23,921 km 2. It connects the major towns along south of the western region starting from Agona Junction to Elubo on the border with Cote D Ivoire taking a route that serves communities such as Axim, Half Assini Junction, Kikam, Essiama, Allabokazo, A. B. Bokazo, Tikobo, Mpataba, Ankasa, and Sowodadzem among others. 4.2 Existing Road Condition The road is a two-way single lane carriageway of about 7.0 m with about 1.5 m wide paved shoulders on both sides. The existing project road has an asphaltic concrete pavement and runs through gentle rolling to moderately higher and winding terrain. The pavement has deteriorated to large extent in some areas such that it can be said to range from fair to generally poor in condition and riddled with a lot of potholes. The pavement section and the road cross section comprise of two distinctive sections. They are: a) From Agona Junction to Axim Junction, which is about 30.0km, the carriageway is 6.0m wide and is paved but with unpaved shoulders of about 1.50 m on each side; b) The section from Axim Junction to Elubo is 85.0km long. The pavement is of the conventional flexible type and comprises two asphalt layers of about 10.0 cm over an uncrushed aggregate base course of about 15.0 cm above the sub-grade layer(s). The road cross section comprises about 7.0m traffic lanes (two lanes) and paved shoulder of about 2.0 m on each side. 4.3 Project Components Design Standard 12

30 Resettlement Action Plan In accordance with the existing conditions of the project road and the Ghana Highway Authority s Design Guide, the following key elements have been incorporated into the design (i) Design Speed - Varies at different sections (ii) Lane Width m (each lane) (iii) Shoulder Width - 2.5m (to edge of drain, unless there is restriction) (iv) Shoulder Width for high embankments - 3.0m (v) Type of lane pavement - asphalt concrete (vi) Shoulder Surface - double surface dressing (vii) Design Life - 20 years Project Works The proposed project improvement works will comprise the following: Improvement of the alignment at the poor sections; Widening the road to a width of 12.3m (including the shoulders); Reconstruction of the base material and pavement of the entire road length; Reconstruction or widening of culverts and drains; Provision of lay-bys/bus bays at appropriate locations; Installation of road signs and markings; and Installation of necessary traffic and pedestrian control devices Horizontal and Vertical Alignments The horizontal and vertical alignments of the project road have been designed to meet the requirement of 100 km/hour and to improve safety Drainage Structures Measures to be adopted to improve upon the existing drainage system include: Construction of new drains where the existing drainage system is defective; Provision of increased capacity drains where existing are inadequate; Covering of existing U type drains and provision of roadside kerbs, pedestrian walkways; etc; Repairs and refurbishment of existing drains including provision of silt traps where necessary; and Slope protection measures to prevent erosion Construction Activities and Materials Under the proposed interventions to be undertaken, the following activities are anticipated: 3 General - Survey/preliminary works 13

31 Resettlement Action Plan Establishment and operation of work camps - Equipment mobilization and operation Site Clearance Earth works Quarries, borrow pits, stockpiles and spoil areas and dumping of spoils / debris Construction of culverts and drainage works Road formation (gravel road shaping, sub-base and base preparation, shoulder and sidewalk construction) Road surfacing (use of bitumen for prime coat and surface dressing) The reconstruction of the road to asphalt concrete finish shall require substantial quantities of gravel and aggregates. Deposits of sub-base quality gravel are prevalent within the project area. Base course quality gravel on the other hand is not very readily available within economic haulage distance. Aggregates for structural concrete and asphaltic concrete will be obtainable from privately owned quarries in the region Traffic Control Devices/Road Furniture Few traffic control devices are in place, but are generally faded and therefore not visible. The road has been marked but this is completely damaged in sections where there is complete failure. 4.4 Project Justification The existing road was constructed far back in 1986 and is about 20.0 years old. Recent surface investigations indicted that considerable portions of the road, especially from Axim Junction to Elubo have severe settlement, potholes, and structural failures. Other stretches, especially from Agona Junction to Axim Junction may need enhancement in the road alignment to fulfill the sight distance requirements and road design speed. Based on the above description, the main objective of the project is to reduce the travel time and vehicle operation cost through improving the road alignment and pavement condition. The project will also enhance the flow of regional and inter-regional traffic and trade, and reduce road user costs, thereby strengthening regional economic integration. The road safety measures that will be put in place will enhance safety standards on the project road. In addition, the project will also facilitate easier access by the farmers and traders to social services and markets within the corridor that will help generate more income to augment the Government's effort in achieving economic development and poverty reduction. 14

32 Resettlement Action Plan 5.0 SOCIO-ECONOMIC SURVEY OF PROJECT AFFECTED PERSONS (PAPs) 5.1 Socio-Cultural and Economic Landscape of PAPs The Socio-cultural and economic landscape of the project corridor is of a heterogeneous nature. This can be seen from the mix of ethnic, religious and cultural background of the people living in the project affected area Population and Settlement The project road is the western most end of the Trans-West African Highway which commences at Aflao in the east and ends at Elubo in the West. The main communities within the corridor include Axim, Half Assini Junction, Kikam, Essiama, Allabokazo, A. B. Bokazo, Tikobo, Mpataba, Ankasa, and Sowodadzem. The relatively bigger settlements found along the road corridor are listed in Table 2 below. Table 2: Settlements along the road corridor No District Settlement Location (km) Ahanta West Nzema East Apimanim (Agona Junction) Adiewoso Adjumako Abora Gyeabenkrom Aboagyekrom Edelezuaso Anagye Ezelenu Kegyina Ekwanzuazo Yedesleles Dadwen Awukyire Ankyernyim Ndatiem Ayisakro Axim Junction (LHS) (RHS) (RHS) (LHS) 15

33 Resettlement Action Plan Jomoro District Ankobra Asanta Bobrama Asemko Junction Kikam Esiama Azuleloanu Ampain Bakanta Kangbuuli Allabokazo A. B. Bokazo Akpandue Edwakpole Aiyinase Mpem Nvellenu Saamenye Half Assini Junction Azuleti Junction Compound Onzanyamille Sunkwa Sowodazem Ankasa Elubo Socio-economic Characteristics of PAPs A sample survey was conducted in the project corridors for those whose properties were marked for demolition as well as for squatters who would be relocated elsewhere during the implementation of the project. From the analysis of the data obtained from the survey, the summary of the results are presented in Tables 3, 4, 5, 6 and 7 below. The principal demographic and socioeconomic characteristics are outlined as follows: Demographic characteristics showed that sex ratio of PAPs along the project road indicated that on the average the males were more than females, i.e. 73% (1529) for males and 27% (565) for females. Also there were more married persons than those unmarried as the analysis of the survey results indicated that about 77% of the PAPs were married, 3% divorced, 1% separated, 18% are single, while another 1% are widowed. The survey also revealed that about 98% of the PAPs were between the ages of ( see Figure 4). Social Conditions Literacy status among the affected persons was high. About 27% were found to have had at least primary education, 32% Junior High, 23% Senior/Vocational/Technical and 7% Tertiary. However, about 10% do not have any education. In the same vein, about 92% were found to be Christians, 7% Moslems and 1% others. Also, about 16

34 Resettlement Action Plan 99.5% of the PAPs were found to be Ghanaians, while Akan (88.1%), Hausa (4.5%) and Ewe (2.9%) were the major languages spoken by the PAPs. Economic Conditions The survey result also indicated that majority of the PAPs were engaged in trading (86%), followed by Artisans (9.4%) and Business (1.8%). 1.3% of the PAPs responded that they were unemployed. The average monthly income of the PAPs as determined from the survey results is GH

35 Resettlement Action Plan Table 3: C D Survey Results of Persons Living along the Road Corridor A DEMOGRAPHIC Number Percentage Gender Females % Males % Marital Status Married % Divorced 63 3% Separated 21 1% Single % Widowed 21 1% B SOCIAL Religion Christian % Moslem 147 7% Other 21 1% Education JSS % Primary % SSS/Tech/Voc % Tertiary 147 7% None % Nationality Ghanaian % Non-Ghanaian % Ethnic Distribution Akan % Nzema 6 0.3% Ewe % Ga % Krobo 6 0.3% Kusasi 6 0.3% Hausa % French 6 0.3% Other % ECONOMIC Occupational Distribution Artisan % Business % Clearing 6 0.3% Bar Operator 6 0.3% Farmers % Technician 6 0.3% Traders % No Response % INCOME Average monthly Household Income GH

36 Resettlement Action Plan Table 4: Age Distribution Age Frequency Cumulative (%) <

37 Resettlement Action Plan > Table 5: Household Size Size Frequency Cumulative (%) Table 6: Number of Households No. of household Frequency Cumulative (%)

38 Resettlement Action Plan more Table 7: Survey Result of Properties along the Road Corridor A Ownership of Property/Structure Number Percentage (%) Sole Owner Non-Owner B Mode of Acquisition Bought Build Deed of Gift Gift Inherited Lease Others No Response C Proof of Property Ownership Administration Deed of Gift Inherited Land Title Leasehold None Others No Response D Status of Respondent Owner Caretaker Tenant E Type of Building Material Cement Metal Container Wood Other F Condition of Structure Good Fair Poor

39 Resettlement Action Plan G H I J No Response Availability of Electricity Available Not Available Availability of Bathhouse Shared Not Shared Public Availability of Toilet Shared Not Shared Public No Response Availability of Water Pipe Borne Well None Housing Characteristics As indicated in Table 5, average household size was 1 9 people 84%, people 12% and the rest (i.e ) 4%. The average number of households in a house was 95% for 1-15 households per house while the rest 5% were occupied by households per house. As shown in Table 7 above, 84.4% of project affected properties were occupied by their owners, 14.3% were occupied by tenants while 1.3% was being taken care of by caretakers. On the mode of acquisition, 43.6% were bought outright, 35.7% by lease and 9.3% inherited. In terms of proof of ownership, 44.1% of the PAPs produced Deeds of Gift, 15.6% produced Land Titles, other forms of proof 11.8, while 22.7 of the PAPs had no proof of ownership. The survey also revealed that about 85.8% of the affected structures were built with wood, 11.5% with cement, metal containers 2.1% and 0.8% with other types of materials. Of these structures, 34.1% were in good shape, 48.5 being fair and 16.6% in poor shape. The studies also indicated that electricity was available in 84% of the affected structures while 16% had none. 47% of the properties were served by pipe-borne water, 40% by dugout wells and 13% had none. 60% of the households have access to shared bath-houses, 31% have access to their own bath-houses while about 9% use public bath-houses. In the same vein, about 42% of the respondents use shared toilet facilities, 27% use their own, 30% use public toilets while 1% did not give any response Land Uses Land uses along the project corridor comprise residential, commercial, industrial civic, culture and tracts of unoccupied land. The inventory carried out shows pockets of intensive roadside economic activities especially at Esiama and Elubo which is a border town. All permanent structures are residential units with a majority of them also doubling as business premises while all temporary structures are business premises. The road is situated in a 22

40 Resettlement Action Plan reservation for a road which has been encroached upon due to the failure of the local administration to enforce planning and building regulations Economic Activities in the Corridor The largest percentage of activities in the corridor however falls under commerce. There are petty traders selling on tables, food vendors, owners of small shops housed in wooden kiosks and containers. There are also those who display their wares on wooden racks that stand upright and wooden platforms. There are other small-scale industries like auto mechanics, sandcrete block making factories, household furniture, security gates, brake and clutch linings molded from old car tyres, bushings for large trucks and native sandals. In Esiama and Elubo are local markets where activities on market days literally take over part of the carriageway making travelling on those days extremely slow. Some traders display their wares on the road shoulder, others on the bare ground like the charcoal sellers while others use trees, walls and temporary structures as support. In heavily populated areas (e.g. Elubo) several rows of shops were found abutting the road in addition to several small wooden kiosks from which occupants sell mainly phone cards and lotto tickets. They offer diverse commodities for sale ranging from clothes, building materials, provisions, and nonalcoholic beverages to hard liquor. 5.2 Findings The field survey concluded that a lot of both permanent and temporary structures fall within the road safety corridor required for the implementation of the proposed reconstruction project. Temporary structures identified include containers, kiosks, sheds and tables among others. The PAP s were categorized as follows; a. Owners of permanent structures that may be dislocated to varying degrees; b. Owners of temporary structures that may have to relocate; c. Other ROW users who need not relocate because they can move around. Categories b and c are classified as temporary structures. Categories of loss as a result of constructing the road will be land on which a property is located, property and farms/crops (where borrow pits will be located). There are three main areas where the project will affect land and properties. These are the road alignment; borrow pits and quarries and the project Camp Site. Within the ROW there are also farms or crops which will be affected. The summaries of affected properties and crops are indicated in Tables 8 and 9 below. 23

41 Resettlement Action Plan Table 8: No. Summary of Estimated Compensation for Properties/Structures Structure Value (GH ) TOTAL VALUE (GH ) Name of Town No. of Households Land Value (GH ) 1 Ajumako/Patase 15 6, , , Abura 1 1, , , Nyamebekyere , Anyanoo , , , Ekwansuazo , , Dadwen 24 10, , , Ankyerenini 17 21, , , Ayisakro 4 4, , , Bobrama 2 1, , , Asanta 2 1, , , Ankobra 4 1, , , Kamgunli 2 3, , , A.B. Bokazo 2 1, , , Ayinasi 2 1, , , Nebelle 2 1, , , Mpataba , , Samenye 8 1, , , Compound 2 1, , , Sowodadzem 28 9, , , New Ankasa 4 2, , , Anhwiafotu Junc. 3 1, , , Ankasa , , Mansa Nkwanta , , Asufofo No , , , Mangoase 2 1, , , Alhaji , , Elubo 591 1,408, ,654, ,062, Total (GH ) 744 1,497, ,311, ,809,

42 Resettlement Action Plan Total (US $) 1,011, ,913, ,925, US $ = 1.48 GH Table 9: No. Town Summary of Estimated Compensation on Crops/Trees No. Of Claimants Value Of Land (GH ) Value Of Crops (GH ) Total Estimated Value of Crops/Land (GH ) 1 Apimanim 5 168, , , Morhinson Jn , , , Aderwaso , , , Ajumako (Princess Jn.) , , , Ayabengkrom , , , Abura 16 60, , , Anyaano , , , Nyamebekyere 8 (Barrier) , , , Adelesuazo , , , Anagye 12 68, , , Kegyina/Eselemu , , , Ekwansanzua , , , Dadwen 48 80, , , Akyerenini , , , Ndatiem 49 72, , , Ayisakro , , , Asanta , , , Ankobra , , ,

43 Resettlement Action Plan 19 Bobrama 18 77, , , Kikam 2 1, , Eziama 43 57, , , Azuleloanu 32 49, , , Ampain 31 49, , , Bakanta 5 7, , , Kambunli 25 84, , , Ekwandue 10 66, , , Edwakpole 39 90, , , Alabokazor 14 42, , , Kpandue 37 50, , , Ayinase 16 26, , , Memzezor , , , Mpem , , , Bawia 14 42, , , Nbellene 46 87, , , Semanye 18 43, , , Azuleti 25 86, , , Samenye 8 24, , , Compound , , , Mpataba , , , Mile , , , Mantemankabi 5 15, , , Nsunyameye 12 25, , , Sere Nyame 3 13, , , Sowodazem 18 45, , , New Ankasa 18 39, , , Anwhiafotu 46 Junction 23 60, , , Nyame Bekyere 12 70, , , Ankasa 8 88, , , Tobotobo 8 26, , , Mansa Nkwanta Asufofo no , , , Soso no , , ,

44 Resettlement Action Plan 53 Susuka 2 13, , , Mangoase 5 36, , , Alhaji 4 22, , , Kojo Black 17 71, , , Elubo , , , Total (GH ) ,756, , ,523, Total (US $) 3,213, , ,732, US $ = 1.48 GH Estimated Cost of Affected Structures In all, it is estimated that seven hundred and forty-four (744) structures along the project road will be affected in varying degrees by the reconstruction of Agona Junction-Elubo road project. The value for project affected structures is GH 4,311, (US $1,011,804.05), the value of land on which these structures are situated and other bare lands is GH 1,497, (US $2,913,232.14) giving a total of GH 5,809, (US $3,925,036.19). These have been referenced and have been valued for compensation. Prior to commencement of civil works, a joint field mission for confirming the values of the affected properties will be made by the GHA Valuation Section and the Western Regional Office of the Land Valuation Board (LVB). Final valued offers will then be made to property owners. GHA will then pay approved values to each property owner. Where there is a delay in the approval of final of values of the affected properties by the LVB, GHA will arrange to make initial payment of estimated values presented by the GHA Valuation Unit to the beneficiaries and the difference paid when approval is received from the LVB. This is to enable the PAPs to start arranging for alternative accommodation or resettlement. Table 10 below presents the implementation schedule of all structures. Table 10: Proposed Implementation Schedule for both permanent and temporary Structures 27

45 Resettlement Action Plan Major Activities Detailed household survey Disclosure of RAP Assessment and evaluation of compensation Formation & strengthening of project implementation & redress committees Education and awareness Creation about RAP procedures and compensation payment Quarter Quarter Quarter xx xx xx xx xx xx xx xx xx xx xx Stakeholder Consultation xx xx xx xx xx Xx xx xx Approval and payment for compensation for both xx xx xx xx Xx xx xx permanent & temporary properties as well as supplemental assistance Grievance redress measures xx xx xx Xx xx xx xx Monitoring and Evaluation xx xx xx Xx xx xx xx Xx Completion Report Writing xx xx Affected Trees and Crops A number of farms and plantations were also identified to be affected by the road project. The number of households whose crops and trees would be affected is estimated to be The value for crops and trees is GH 767, (US $518,416.74), the value of land for these farms and plantations is GH 4,756, (US $3,213,687.04) giving the total value of crops and plantations to be GH 5,523, (US $3,732,112.78). These have been counted and valued for compensation. Prior to commencement of civil works, a joint field mission for confirming the values of the affected farms and plantations will be made by the GHA Valuation Section and the Western Regional Office of the Land Valuation Board (LVB). Final valued offers will then be made to farm (crops and plantation) owners. GHA will then pay approved values to each farmer. 28

46 Resettlement Action Plan 6.0 RESETTLEMENT ACTION PLAN 6.1 Justification for a Resettlement Action Plan (RAP) The main objectives of the RAP is to ensure that project affected persons do not lose their sources of livelihoods or assets. This RAP has thus been prepared following the guidelines of World Bank s Operational Directive (OP 4.12, 2001) and the Resettlement Policy Frameworks prepared by the MRH for the Roads Sector. Paragraph 17 (a) of the OP 4.12, states that, a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified. For the above reasons, GHA has prepared this RAP, which consists of a demographic survey, a description of the compensation and assistance to be provided, public consultation, grievance 29

47 Resettlement Action Plan procedures, institutional responsibility for the operation and monitoring arrangements, and a calendar and budget. 6.2 Methodology The RAP preparation team visited the project site between 7 th 25 th April, 2009, 4 th -16 th May and 21 st June 31 st July 2009 to assess the state of encroachment within the 60.0 m safety zone (i.e. 30m on either side of the centerline). In each community, the team first contacted the Chiefs and Elders, District Assemblies (DA s) and other relevant institutions to sensitize them on the study and to enlist their assistance for the studies within the safety corridor in their jurisdiction. The team also discussed with the DA Officials as to how best the reassignment of market spaces and the transfer of marketing facilities (e.g., kiosks, tables) would be carried out. There was a general consensus by the local and traditional authorities on the necessity of clearing the road corridor for safe and effective implementation of the project. The local jurisdictions nominated contact persons who went to the project site with the field team to determine whether any traders were within the safety corridor. From time to time, several neighboring vendors also joined the discussion to enquire about the purpose of the field visit. The traders readily accepted the exercise to clear the safety corridor and indicated their willingness to do so anytime the project was to start. As part of the RAP preparation process, staff from Environmental Unit and the GHA s Valuation Section informed the potential PAP s at an early stage about the resettlement and compensation packages that would be available to them. The preparation of the RAP was preceded by a socio economic survey for the preparation of a Social Impact Assessment (SIA). The census data collected for the preparation of the RAP include the following: Name of property owner Occupation Land ownership Type of Structure Listing of affected households and individuals as well as Listing of affected businesses 7.0 VALUATION PROCEDURES 7.1 Introduction This chapter now presents estimates of the values of the assets and other costs to the people who will be affected and the mode of restitution that can be followed. The Land Valuation Board will do their assessment of the assets after an Executive Instrument covering the area has been published. However, for the purpose of budgeting, estimation of properties to be affected was done by the GHA Valuation Section. In this section, the estimates made for structures that were to be affected have been reviewed by applying the valuer s rates to the structures that will be affected under the new design of the Agona Junction - Elubo Road. The values given do not include government administrative cost, salaries of consultants and land acquisition. 30

48 Resettlement Action Plan 7.2 Eligibility Criteria With reference to the MRH s Resettlement Policy Framework (RPF) any person who will suffer loss of or damage to a building, business, trade or loss of access to productive resources, as a result of the reconstruction of the road project was considered eligible for compensation and/or resettlement assistance provided the damage/loss is induced by the project. The cut-off date for being eligible for compensation and/or resettlement assistance was the 31 st July, 2009, which is the last day during which the socio-economic survey was completed. The cut-off date was explained and agreed with the DA's as well as the community and opinion leaders. Any new structures or their occupants will not be eligible for compensation or supplemental assistance. This is consistent with the laws of Ghana and the World Bank policy. For example, provisions under Clause 15 of the World Bank s Operational Policy 4.12 suggest the following three criteria for eligibility which was considered in the RPF. Under the provision project affected persons include: Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets and become recognized during the survey; as well as Those who have no recognizable legal rights or claim to the land they are occupying. To be described, as a project-affected person (PAP), your property or activity must fall within thirty (30) meters on either side from the centerline of the road as indicated on the planning scheme of the area. This means that all persons who own properties that fall within a sixty (60) meter band cut through the entire road corridor were affected. No matter the activity being carried out in the right-of-way, as long as persons had/ owned a permanent structure, land or a temporary structure that had been in the particular location before properties were marked for dislocation or relocation, that person is eligible. These structures include sandcrete and adobe structures, which are used for commercial and residential purposes. It also includes wooden structures and containers either fixed into the ground with concrete foundations or raised off the ground on concrete pillars. These are mainly used for commercial purposes but on a few occasions serve as residence. Persons eligible for supplemental assistance are the persons who work from temporary structures who need to relocate their premises so the road construction can go on unhindered. Those eligible for compensations will be occupants (tenants and leaseholders) and owners of properties that will be dislocated Proof of Eligibility GHA will consider various forms of evidence as proof of eligibility as stated in the RPF to cover the following: Affected persons with formal legal rights, documented in the form of land title registration certificates, leaseholds indentures, tenancy agreements, rent receipts, building and planning permits, business operating licenses, utility bills among others. Unprocessed or unregistered formal legal documents will not bar documents will be established in the RAP; Affected persons with no formal or recognized legal rights criteria for establishing nonformal, undocumented or unrecognized claims to eligibility - shall be established paying 31

49 Resettlement Action Plan particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include: - Affidavit signed by landlords and tenants; and - Witnessing or evidence by recognized traditional authority, customary heads, community elders, family heads and elders and the general community. 7.3 Notification All properties to be affected by the construction have been valued and assessed according to laid down procedure. Details of extent of dislocation and compensation due affected properties are provided in the Annex. (Refer to Annex 1). Owners of affected properties will be notified in several ways GHA will send letters to all affected persons along the route. Buildings and structures to be affected by construction will be marked. Forum will held at locations along the road to draw attention to the impending rehabilitation and consult property owners on their concerns. A compensation valuation of all affected properties will be carried out to assess commensurable values of properties. Letters will be served to all occupants of affected properties to remind them of their responsibility to submit relevant documents and claims for compensation to Ghana Highway Authority. All those who must be paid supplemental assistance will have their structures numbered and photographed All persons entitled to supplemental assistance will be listed and photographed. 7.4 Values of Land Parcels in the Right-of-Way Land Ownership Land ownership in Ghana is complex. No land is without an owner but at the same time more than one person may own a piece of land at a time. The stool may own Land, i.e. the final authority is vested in the occupant of the stool which is the chief; he then is the ultimate decision-maker. A subject of the stool can occupy part of the land and his or her children can make use of the land when he or she dies but he has no authority to part with the land without reference to the stool. Family land is vested in the family or clan head. Like the stool land a member of the family can use a part of the land for years but cannot sell it or give it out without reference to the family head. Outright purchase refers to land that was bought and paid for by an individual. This could be land that belonged to a particular family or in the past a stool decided to sell to defray some cost. The land then belongs to the one who paid for it and he/she has ultimate right to make any decisions(s) relating to the land. Land that has been bought outright can be handed down to a child, a wife or a friend. The lands in the corridor that are not government owned, fall in the category of family lands and individual appropriations. There is no land in the corridor for which there is no specific owner, so compensations for land take are paid to those who can prove ownership through documentation or a history of occupancy that can be verified by others. 7.5 The Valuation Process 32

50 Resettlement Action Plan After determining the permissible operational space (ROW) and pegging had been done by GHA Survey and Design section, the buildings/structures found to be affected by the project are given identification numbers. The GHA arranges with the LVB to undertake the inspection/referencing of the affected properties to collect basic data for compensation assessment of the affected properties. In addition, the affected property owners are requested to furnish the Authority with any relevant document relating to their interest in the affected properties Basis of Valuation The appraisal exercise was based on the Open Market Value which is defined as the best price at which the sale of an interest in a property might reasonably be expected to have been completed unconditionally for cash consideration on the date of the valuation assuming: (i) A willing seller and a willing purchaser capable of purchasing a particular property in a predetermined location or condition at a particular point in time; (ii) That prior to the date of valuation there had been a reasonable period (having regard to the nature of the property and the state of the market) for the agreement of price and for completion of terms; (iii) That the values will remain static during that period; (iv) That the property will be freely exposed to the open market; and (v) That no account will be taken of any higher price that might be paid by a purchaser with special interest. The open market value of the property is arrived at by the underlisted methods based on the purpose of valuation, the availability and reliability of basic data for the valuation Method of Valuation In appraising the properties affected by the road project, a combination of the Replacement Cost and the Direct Capital Comparative Methods were used in arriving at the open market capital value of the building and land respectively. The two methods have been briefly described below. Replacement Cost Method The Replacement Cost Method, which is used in estimating the value of the building/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of the property as if new. Direct Capital Comparative Method 33

51 Resettlement Action Plan The value of bare land is determined by the comparism of market evidence of recent sale of plots in the vicinity or similar neighbourhood. Comparable data are collected and analyzed to determine the unit rate per acre taking into consideration, statutory use, alternative use, size of plot, nature and terms of interest, proximity of the land to utility services, perculiar advantages of location, the trends of redevelopment and construction. The appropriate adjustments are made to reflect the differences between the comparable data and the subject land (affected land) and the appropriate rate adopted for the assessment of the current open market value of the subject land (affected land). Disturbance and Other Incidental Contingencies The project has impacted on entire/part of properties to make room for the road reservation. Depending on the extent to which a property is affected, the occupant will have to either resettle elsewhere, construct another building on the remaining portion of land or look for alternative accommodation. The affected persons require the services of professionals which they pay for. Based upon the level of inconvenience these are quantified and expressed as percentage of the total reinstatement cost of the property. The summation of the above estimated values of the building/structure, land and the disturbances, gives the adequate and fair amount of compensation payable to the affected person. Modes of Restitution Owners of permanent structures whose properties are affected by the project are protected by law and would receive adequate compensation for their properties. The State Lands Act gives them adequate legal coverage, which guarantees them compensation, which must be based on mutual agreement. If the property owner is not satisfied with the Government offer he/she has the option of employing a Private Valuer of his/her choice to reassess the property and submit same to the LVB for consideration and final determination of the value of the property. The determined figure by the LVB is then communicated to the GHA for payment to the beneficiaries. In situations where the beneficiary is still not satisfied with the amount of compensation payable to him, he is at liberty to seek redress at the courts. However, the property cannot be demolished until the issue is resolved. Temporary structures that need to relocate will be paid a supplemental assistance that will enable them move their structure, reconnect power if they need it, pay their District Assembly Annual License fee and have some income while their business gets back on its feet. The usual practice as has been observed on other projects is that traders move of their own volition to areas where pedestrian traffic is high and commercial activity is brisk. It is for this very reason that there are so many temporary structures along the road,. Most of those located on other sections of the road are actually catering to the residents of the neighborhood. Grievance and Redress Compensation will only be paid to a PAP after receiving their written consent. Should a PAP refuse the compensation suggested by the LVB, litigation is settled by the courts. The 34

52 Resettlement Action Plan litigation commences from as low as the Magistrate Courts and if the applicant is still not satisfied with the decision, it could end at the highest court which is the Supreme Court. Each individual PAP has the right to refuse the compensation rate proposed and take his case to court if he/she finds the compensation to be inadequate and unfair under replacement cost. However, grievances are first preferred to be settled amicably whenever possible. That is, the PAP is allowed to engage his own Valuer at the cost of the project to determine the compensation due. The Valuer and the LVB then together will negotiate a settlement. If the PAP is still not convinced with what has been proposed, as stated above, he can take the case to the court for redress. The objective of the grievance procedure stated above seeks to address the following: Provide to Project Affected Persons with avenues for making a compliant or resolve any dispute that may arise during the course of land, structure and any assets acquisition, including the process of moving homes; Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints Verify that complainants are satisfied with outcomes of corrective actions Avoid the need to resort to judicial proceedings. If appropriate, the individual grievances and corrective actions will be received in the light of the project policy and procedures to determine if any changes to the current system are warranted. This review will aid in avoiding similar grievances in the future. 7.6 Structures to be Affected Permanent Structures As already mentioned, 231 permanent structures will be affected in varying degrees by this project. They will all be referenced and valued for compensation. Offers will then be made to property owners. GHA has to pay assessed values to each property owner based on estimated values by their valuation section. There may be a delay in the final determination of values of the affected properties. The GHA arranges and make initial payment of estimated values by GHA Valuation Unit to the beneficiaries and the difference paid when the determined values are received from the LVB. This is to enable the PAPs to start arranging for alternative accommodation or resettle elsewhere. Temporary Structures 513 properties were also identified as of temporary structures. However, not all of these persons will need to move away from their present location. The Agona Junction - Elubo road as it is right now has large tracts of unoccupied land fronting most of the properties. Traders and users of the ROW tend to place their structures close to the road because they are counting on being seen by road users. So for a large number of these persons it will be possible for them to relocate onto unoccupied land that lies immediately outside the ROW. 35

53 Resettlement Action Plan The District Assemblies have already planned to relocate all roadside businesses to the satellite markets being build in various areas of the metropolis. The Assembly officials also said they had enough space to provide places for vendors of lumber and other such bulky materials. However to avoid further prolonged delays on the construction site, the government will to pay supplemental assistance to affected traders to enable them relocate. The mode of resettlement recommended for residents of affected structures combines the provision of the following elements: Compensation for displaced residents Compensation for land taken Supplemental assistance paid to shop owners who can provide credible records and documentation to support it Supplemental assistance to enable relocation of temporary structures 7.7 Payment of Compensation Owners of authorized structures be given cash compensation for their losses. There is a general slump in the real estate market especially in the area of commercial structures where supply has outstripped demand. It can therefore, be assumed that finding alternative locations to carry on their business will not be impossible. Construction of shops is going on all over the city of Accra and in this corridor also, so affected persons can easily be re-absorbed into the system. The compensation will then be paid by the GOG through the GHA. Compensation to Owners of Permanent Structures Owners of permanent structures will be paid compensation that will be based on assessed values of their properties. Compensation to owners of these structures has three components: - Land value; - Cost of replacement of structure; - Disturbance. Legal land ownership must be established with a proof of ownership and the appropriate compensation will then be paid to the owners. When land is owned by a community, the Client would dialogue with the community on the terms of acquisition, emphasizing the benefits of the project to the community. Private land owners who lose their lands would be given the replacement value. Compensation for Shop Owners The normal practice of valuation is to use business accounts to determine extent of loss. However, in this country small businesses do not make their records available to Valuers because they fear that the information will be passed onto the Internal Revenue Service. So Valuers are forced to make a general estimate of how many businesses make and use it to assess extent of loss. It is because of this that the LVB in other situations has added 5% of full replacement cost of property as the disturbance due businesses. Shop owners in a given structure have to be paid a share of the disturbance allowance that is paid as compensation apart from the money due them from the landlord, which includes unused portions of goodwill and other payments. Goodwill in this setting does not apply to money paid for using the name or premises of a previous business. 36

54 Resettlement Action Plan As has been the practice, a landlord commences the construction of a chain of shops then puts up a notice requesting for interested occupants. The interested persons who respond then negotiate and pay to the landlord an agreed sum that is used to complete the shop. The amount paid is then assigned a given period within which the Lessee can occupy the shop. Periods can range from three to ten years and within this period the shop owner is deemed the de facto owner of the premises. Apart from this sum a shop owner pays the utility bills and pays to the landlord a fixed monthly rent, which may be paid in advance. The difference between the sum paid to acquire the lease and the advanced rent are the payments due the shop owner when the landlord is paid his/her compensation. Ideally each tenant should have assessed his/her personal extent of loss based on verifiable loss of business and profit but because business people have usually understated profits to evade tax, they are not able to take advantage of this. Shop owners who can provide credible figures that represent loss of business will be paid some money for loss of business. This has occurred on another road project that fell under the Department of Urban Roads. It will be difficult to do this across board because most shop owners do not keep proper records of business operations. Compensation for Tenants Tenants of business structures who produce their tenancy agreements will have their interest assessed as a secondary compensation. The extent of their interest in the property would be assessed and paid for. For tenants who do not have an expressed interest, the landlord would refund to them unused rent and share among his tenants the disturbance paid as part of the compensation. To prevent landlords from cheating tenants GHA will demand that an agreement between tenants and landlords be drawn that will state clearly how much tenants will be paid out of the compensation. The landlord will be expected to deposit a duly signed agreement in GHA and no landlord will be paid without that agreement. Supplemental Assistance for Temporary Structures Supplemental assistance has become a part of restitution for persons affected by development projects since European Union Operational Directive 0D4.30, amended by O P 4. 12, (2001) became the guiding principle. This assistance will be paid to all persons who occupy temporary structures and need to relocate at no cost to them. This will include all those who cannot move backwards out of the right of way. To arrive at a reasonable supplemental assistance payable to occupants of temporary structures, as part of a questionnaire survey each person was asked to estimate their monthly business expenditure for the month. A further investigation was done into how much it costs to acquire a piece of land to locate a temporary structure, how much an artisan will charge to disconnect lines from a structure and cost of moving a structure from one location to the other. The supplemental assistance arrived at was made up of the following components: - Cost of movement - Disconnection/reconnection of power - Land acquisition fee 37

55 Resettlement Action Plan - Average monthly expenditure - District Assembly Annual license fee - Thirty (30) percent of total cost of movement was estimated as cost of monthly loss of income. Each recipient was then paid an equivalent of three months lost income. It was pegged at three months because it is most likely that in three months they would have recovered. If traders do not recover in three months it will be captured during the monitoring phase and further assistance will then be offered. A supplemental assistance for categories of temporary structures has been derived and presented in Table 11 below. Table 11: Activity Computation of Supplemental Assistance Container Kiosk (GHC) (GHC) Shed (GHC) Wooden Structure (GHC) Moving structure Disconnection / reconnection of utilities Cost of land Average monthly expenditure D A License Lost monthly income (3 mos) TOTAL Users of containers will receive GH each, those in kiosks will receive GH , shed owners will receive GH and wooden structure users will receive GH Employees in Affected Businesses Even though all kiosks and containers have been assessed for supplemental assistance it is not expected that traders will move out of the corridor. This is because there are fairly large amounts of unoccupied land particularly where the space between the road and fence walls of houses that front the road are large enough to accommodate temporary structures that need to be moved out of the right of way. So employees of traders are not expected to lose their jobs since they interviewed lived in the corridor. Shops as a practice do not employ more than four assistants and the survey showed that most persons lived in the area so assistants are not likely to lose jobs either. Those that need to commute to work will use the existing transport network to get to and from work. 38

56 Resettlement Action Plan 7.8 Entitlement Matrix Table 12 below presents an Entitlement Matrix indicating the various categories of project affected persons, type of loss and compensation to squatters to enable them move from the ROW and continue with their businesses. 39

57 Resettlement Action Plan Table 12: Entitlement Matrix Type of Loss Eligibility Criteria Entitlement Loss of Land (Urban or Rural) Various interest and rights allodial title holder, Compensation Capital Market Value of Asset freeholder, leaseholder, tenant, licensee Loss of Structure Various interest and rights freeholder, leaseholder Compensation Capital Market Value of Asset Business Losses Supplementary Assistance based:- - Loss of business income - Business owner/operator - average net monthly profit; - Loss of business goodwill - Business owner/operator - monthly rent passing; - Loss of rented income - Landlord/Leaser - equivalent of rent advance to be refunded - monthly wages earned; - Loss of wage income - Business employees/attendants - training fees to be refunded - Loss of fees from trainees/ apprentices - Trainer/Person offering apprenticeship job training Calculated for a specific period taking into consideration reinstatement period. Loss of Business, Residential or Industrial - Residential/Commercial/Industrial Tenant Supplementary Assistance based:- Accommodation or Room - Owner of building during the reinstatement period - comparable open market rent for alternative accommodation based on specific period (reinstatement period); and - transportation rates for the transfer of chattels or movable properties Loss of location for temporary structure - expense for moving structure Owner of temporary structure Squatters Supplementary Assistance based on :- transportation rates for the transfer of structure Loss of training or apprenticeship - Apprentice/Trainee Comparable fees for alternative training - Loss of economic or perennial trees Various rights and interest holders Sharecroppers, Open Market Value for assessed crops/plants - Loss of food crops - Loss of grazing land Licensees, Lessees Loss of Public Utilities Institution/Operator Responsible Compensation Capital Market Value of Asset Loss of Physical Cultural Properties Institution/Operator Responsible Compensation Capital Market Value of Asset 40

58 Draft Resettlement Acton Plan 8.0 PUBLIC CONSULTATIONS GHA officials have from time to time been educating the public as to the need to preserve the ROW for all road corridors in the country and the consequences of encroaching/locating structures in the ROW. While these warnings have generally had little effect, they have served to sensitize people on their rights. It may be partly due to the above reason that there are no major permanent structures within the safety corridor. The monitoring team will liaise with all those involved in the compensation/resettlement process (e.g. the Valuation Section, Legal Division and the Lands Valuation Board) to monitor the timing. The affected persons will be kept informed at the various stages of the process. A series of public meetings will also be held with affected persons. The meetings will be held at five different locations along the road corridor to ensure that as many persons as possible are reached. At each meeting the new road concept will be introduced. The new alignment will be described and then all persons present will be allowed to state their views, concerns and queries about the road development. The meeting will also inform the stakeholders about further activities that need to be completed so supplemental assistance can be paid. Issues about the various conditions under which one would be eligible for supplemental assistance would be outlined and attention drawn to mistakes relating to non-identification of some affected structures. Details of meeting will recorded for record purposes. Below are pictures of consultations/interviews held with PAPs during the field surveys. 41

59 Draft Resettlement Acton Plan 42