RP1072 rev GOVERNMENT AND RURAL DEVELOPMENT. Republic of Ghana. Public Disclosure Authorized. Public Disclosure Authorized

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Republic of Ghana MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT /2&$/*29(510(17&$3$&,7< (&7 /*&63 )LQDO 5(6(77/(0(1732/,&< )5$0(:25. 53) 3UHSDUHGE\ < $PR\DZ2VHL RP1072 rev )HEUXDU\

2 List of Acronyms AMA BP DDF EA EA/TRC EAA EAPM EAR EIS EMP EPA ESIA ESMP ESO FOAT GEDAP GEF IDA LGCSP LI M&E MEP MLGRD MMA MOE MOFEP MPCU ESO NGO OP OPN PAP PCDP PER PIU RAP/ARAP ROW RPF SEA TOR Accra Metropolitan Authority Bank Procedures District Development Fund Environmental Assessment Environmental Assessment Technical Review Committee Environmental Assessment and Audit Department Environmental Assessment Procedures Manual Environmental Audit Report Environmental Impact Statement Environmental Management Plan Environmental Protection Agency Environmental and Social Impact Assessment Environmental and Social Management Plan Environmental and Social Officer Functional and Organisational Assessment Tool Ghana Energy Development and Access Project Global Environment Facility International Development Association Local Government Capacity Support Project Legislative Instrument Monitoring and Evaluation Monitoring and Evaluation Plan Ministry of Local Government and Rural Development Metropolitan and Municipal Assemblies Ministry of Energy Ministry of Finance and Economic Planning Metropolitan/Municipal Planning and Development Unit National Environmental and Social Officer Non-Governmental Organization Operational Policy Operational Policy Note Project Affected Persons Public Consultation and Disclosure Procedures Preliminary Environmental Report Project Implementing Unit Resettlement Action Plan/ Abbreviated Resettlement Action Plan Right of Way Resettlement Policy Framework Strategic Environmental Assessment Terms of Reference i February 2011

3 Table of Contents LIST OF TABLES...IV LIST OF FIGURES... V EXECUTIVE SUMMARY...VI 1.0 BASIC INFORMATION PROJECT DESCRIPTION AND RATIONALE FOR RESETTLEMENT POLICY FRAMEWORK (RPF) BACKGROUND DESCRIPTION OF THE LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT (LGCSP) RATIONALE FOR THE RPF OBJECTIVES OF THE RPF LEGAL AND INSTITUTIONAL FRAMEWORK LEGAL FRAMEWORK FOR EXPROPRIATION AND COMPENSATION Political Economy and Governance in Ghana Property and Land Rights in Ghana Acquisition and Valuation of Land and other Assets Human Rights and Compensation Dispute Resolution and Grievance Mechanisms Comparison to World Bank OP INSTITUTIONAL FRAMEWORK Land Valuation Board (LVB) Ministry of Finance/Accountant General s Department Lands Commission/Ministry of Lands and Forestry Town and Country Planning Department (of MMAs) Attorney General s Department and Ministry of Justice Metropolitan/Municipal Assemblies Regional Coordination Council (RCC) Non-governmental Organizations (NGO) COMPENSATION FOR LAND AND OTHER ASSETS DESCRIPTION OF LGCSP ACTIVITIES WITH POTENTIAL FOR COMPENSATION AND RESETTLEMENT Project Affected Persons (PAPs) Project Affected Households Vulnerable Groups of People Eligibility of PAPs Screening RAP Preparation LGCSP AND RPF IMPLEMENTATION ARRANGEMENT IMPLEMENTATION ARRANGEMENTS VALUATION OF ENTITLEMENTS AND ASSETS Valuation Methodology Land Acquisition Procedure and Compensation Valuing Entitlement Procedures for Delivery of Entitlements Time Frame RPF Estimated Budget RPF CONSULTATIONS ii February 2011

4 6.1 CONSULTATIONS WITH MMAS CONSULTATIONS WITH THE EPA RPF AND ESMF DISCLOSURE REFERENCES ANNEX 1: WORLD BANK RESETTLEMENT POLICY FRAMEWORK (RPF) ANNEX 2: ANNOTATED OUTLINE FOR PREPARING A RESETTLEMENT ACTION PLAN (RAP) ANNEX 2A RAPS IMPLEMENTATION SCHEDULE AND COSTS ANNEX 2B PUBLIC CONSULTATION AND DISCLOSURE PLAN FOR RAPS ANNEX 2C MONITORING AND EVALUATION OF IMPACTS ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM ANNEX 5: GLOSSARY OF TERMS ANNEX 6: RELEVANT LAWS ANNEX 7: CONSULTATIONS ANNEX 8: DISCLOSURE WORKSHOP - REPORT iii February 2011

5 /LVWRI7DEOHV TABLE TABLE TABLE TABLE TABLE TABLE TABLE PROPOSED PERFORMANCE INDICATORS FOR THE URBAN GRANT COMPARISON OF GHANAIAN AND WORLD BANK POLICIES ON RESETTLEMENT AND COMPENSATION ENTITLEMENT MATRIX POTENTIAL RPF IMPLEMENTATION OBSTACLES AND MITIGATION MEASURES RPF IMPLEMENTATION BUDGET SUMMARY OF CONSULTATIONS WITH THE ASSEMBLIES SUMMARY OF CONSULTATIONS WITH EPA iv February 2011

6 /LVWRI)LJXUHV FIGURE LGCSP AND RPF IMPLEMENTATION ARRANGEMENTS v February 2011

7 EXECUTIVE SUMMARY Background and Project Rationale The Ministry of Local Government & Rural Development (MLGRD) has been at the fore-front of decentralization policy and implementation and with support from the World Bank it is currently preparing a Local Government Capacity Support Project (LGCSP). The main objective of the proposed LGCSP is the strengthening of institutions (systems, processes and organizations) that support accountable local governance for improved service delivery. The project will provide an integrated package of support to build the capacity of Metropolitan and Municipal Assemblies (MMAs). This will assist the Government of Ghana (GoG) to develop a differentiated policy, regulatory and fiscal framework that accounts for the varying needs of different categories of local governments, while remaining consistent with the overall national decentralization policy. The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD. These components are: 1. Component 1: Strengthening the fiscal framework for decentralization; 2. Component 2: Enhancing decentralized urban service delivery; 3. Component 3: Stimulating demand for accountable governance and service delivery; and 4. Component 4: Institutional and project management support. Under Component 2, the project will provide grants to MMAs based on achievement of performance in key focus areas of the project related to public financial management and accountability. In order to access the grant each year, each MMA will need to meet a set of minimum conditions for the previous year. This Resettlement Policy Framework (RPF) relates to Component 2 under which the project will provide grants to MMAs to implement development priorities within their Medium Term Development Plans (MTDPs). The range of sub-projects within MTDPs typically include construction of school blocks, market stalls and water supply systems, expansion of lorry parks, reshaping of road, acquisition of waste disposal sites / landfills and right-of-way (RoW) for laying utility lines, and mounting of electricity poles, etc. The implementation of some of the sub-projects is likely to have impacts on land access, restriction of access to assets, displacement and loss of livelihood and property, etc. and as such will trigger the World Bank Safeguards Policy OP4.12 on Involuntary Resettlement, among others. Such sub-projects will require to address the resettlement and compensation payment issues, etc. of affected persons, through preparation of Resettlement Action Plans (RAPs) or Abbreviated Resettlement Action Plans (ARAPs). In line with the Bank s requirements therefore, this RPF has been prepared for the LGCSP to guide the RAPs/ARAPs. The objective for the RPF is to set out the policies, principles, institutional arrangements, schedules and indicative budgets, etc that will take care of the anticipated resettlements and other social impacts in the RAPs; as well as provide for the implementation budgets of the RPF. Policy, Legal and Administrative Frameworks The policies and laws guiding land acquisition, ownership and compensation were reviewed. The similarities and differences in the World Bank s involuntary resettlement policy OP4.12 and the State Lands Acts of Ghana were also reviewed and provided in the report. Compensation for Land and Other Assets The RPF provides special attention to the needs of vulnerable groups among the Project Affected Persons (PAPs), especially households with incomes below the national poverty line, including the landless, elderly and disabled, women and children, indigenous groups and ethnic minorities, and other historically disadvantaged. Compensation payments for PAPs will be based on the Entitlement Matrix (Table 4.1) of this RPF. vi February 2011

8 RAP Preparation Annex 2 describes the requirements for the RAP in detail. The RAP should be started, as follows: A socio-economic survey will be completed to determine scope and nature of resettlement impacts; The socio-economic study will be carried out to collect data in the selected sub-project sites; and The socio-economic assessment will focus on the potential affected communities, including some demographic data, description of the area, livelihoods, the local participation process, and establish baseline information on livelihoods and income, landholding, etc. LGCSP and RPF Implementation Arrangement MLGRD will be the lead implementing agency for the LGCSP on the whole. The Planning, Budgeting, Monitoring and Evaluation (PBME) Department is the entity designated by MLGRD to manage the project. PBME will also supervise the implementation of the RPF by the MMAs. MLGRD will recruit an Environmental and Social Officer (ESO) who will acts as the interlocutor of the LGCSP at MLGRD and MMAs (Planning Officers and Environmental Health Officers). At each MMA level, RPF implementation will be under the Metropolitan and Municipal Planning Coordination Unit (MMPCU) with oversight provided by the Development Planning Subcommittees of the assemblies. The main focal and overall responsible person will be the Planning Officer who will be responsible for compliance with environmental permitting of developments, measures for social impacts mitigation, monitoring and reporting as stipulated under this RPF and the ESMF. A budget for implementation of this RPF is provided. RPF Consultations Consultations were held with the under-listed MMAs to gain insight on the types of projects handled and how resettlement issues have been addressed, with respect to projects under the MDTPs. The consultations also explored the capacity needs of MMAs to implement the RPF, and what could be done to enhance incorporation of resettlement issues for projects that fall under the LGCSP and also other future projects: Ashaiman Municipal Assembly (Greater Accra Region); Cape Coast Municipal Assembly(Central Region); Komenda-Edina-Eguafo-Abirem Municipal Assembly (Central Region); Sekondi-Takoradi Metropolitan Assembly (Western Region); Asante-Akim North Municipal Assembly (Ashanti Region); Accra Metropolitan Assembly (Greater Accra Region); Keta Municipal Assembly (Volta Region); Kumasi Metropolitan Assembly (Ashanti Region); and Kwahu West Municipal Assembly (Eastern Region). The Regional offices of the Environmental Protection Agency (EPA) in Cape Coast and Kumasi were also consulted in relation to the role of EPA in the RPF and RAPs/ARAPs, as the national organization with the mandate to review and approve projects for implementation, under the Environmental Assessment Regulations, 1999, LI A disclosure workshop for the RPF and ESMF for stakeholders, mainly the leadership of MMAs was held on January 31, 2011 at the Ministry of Local Government and Rural Development, which was rated as highly beneficial by the participating stakeholders. vii February 2011

9 CHAPTER ONE Basic Information Project Name Project Development Objectives Project Outcomes Expected Project Benefits Project Social Risks Project Cost RPF Cost 1 January 2011

10 1.0 BASIC INFORMATION 1. Country and Project Name: Ghana, Local Government Capacity Support Project 2. Project Development Objectives: To strengthen institutions that support accountable local governance for improved service delivery 3. Project Outcomes: (a) Strengthened intergovernmental fiscal framework; (b) Strengthened local public financial management and accountability for improved infrastructure and services in urban assemblies; and (c) Improved citizens engagement with urban assemblies and their perceptions of urban management. 4. Expected Project Benefits: By the end of the project, it is expected that more than 2 million residents of the targeted 46 urban assemblies will have benefitted from the investment projects under the Urban Development Grant within various relevant areas such as water, sanitation, education, health, etc. Further, it is excepted that GoG will completed a comprehensive intergovernmental fiscal framework 5. Identified Project Social Risks: (a) Potential lack of coordination between the assemblies and regional EPA Offices in handling and following up on E&S issues pertaining to assemblies projects; and (b) Agitation of community members against implementation of projects (due to lack of awareness or politicization) Recipient: Government of Ghana Responsible Government/Country Agency for RPF Implementation: GoG/MLGRD Total Project Cost (USD million): 175,000,000 IDA/IBRD (USD million): 175,000,000 Government (USD million): Other-Co-financing (USD million): Total Cost of RPF (USD million): Project preparation (USD million): Government (USD million): Name/Contacts of Consultant/Consulting Firm who prepared RPF: Yaw Amoyaw- Osei / Box SK482, Sakumono Estates, Tema / Tel: / wayoma59@hotmail.com Date RPF Prepared: January, 2011 Date RPF Disclosed: January, 29, January 2011

11 Country: Ghana Country Manager: Country Director: Ishac Diwan Project ID: P Social Safeguards Specialist: Beatrix Allah- Mensah Task Team Leader: Rumana Huque SDN Sector Leader: Environment Category: B Date ISDS prepared: December, 2010 Date ISDS disclosed: February, 2011 Year of project appraisal: 2011 Year of project closing: 2017 Is this a transferred project? [ X ] Yes [ ] No Is RPF applied to financial intermediary or intermediaries financing subprojects? [X] Yes [ ] No Is RPF applied because zone of impact of sub-projects cannot be [X ] Yes [ ] No determined at this stage? Is the RPF applied because the zone of impact is known but the site (location) alignments are not yet well established? [ X] Yes [ ] No Is this community driven development (CDD) project? [ ] Yes [ x ] No Is this a sector-wide project with national coverage? [ X] Yes [ ] No Is this a regional operation, with national/sub-national coverage? [ X] Yes [ ] No Safeguard policies triggered? Applicable Environmental Assessment (OP/BP 4.01) [ X] Yes [ ] No Natural Habitats (OP/GP 4.04) [ ] Yes [ x ] No Forestry (OP 4.36) [ ] Yes [ x ] No Pest Management (OP 4.09) [ ] Yes [ x ] No Cultural Property (OP 4.11) [ ] Yes [ x ] No Indigenous Peoples (OP 4.10) [ ] Yes [ x ] No Involuntary Resettlement (OP 4.12) [ X] Yes [ x ] No Safety of Dams (OP/BP 4.37) [ ] Yes [ x ] No Projects in Disputed Areas (OP/BP 7.60) [ ] Yes [ x ] No Projects on International Waterways (OP/BP 7.50) [ ] Yes [ x ] No 3 January 2011

12 CHAPTER TWO Project Description and Rationale for RPF Background Description of the LGCSP Rationale for the RPF Objectives of the RPF 4 January 2011

13 2.0 PROJECT DESCRIPTION AND RATIONALE FOR RESETTLEMENT POLICY FRAMEWORK (RPF) 2.1 Background Since 1988, Ghana has been implementing a comprehensive local government and public administrative reforms via decentralization, anchored on six inter-related pillars of political decentralization, administrative decentralization, fiscal decentralization, decentralized planning, market decentralization (also called public private partnerships) and spatial decentralization. The implementation is also foisted on three-interrelated strategies of transfer of power, transfer of competence and transfer of means. The main thrust of the reforms is the establishment of a local government system comprising Regional Coordinating Councils (RCCs), Metropolitan, Municipal and District Assemblies (MMDAs), as the highest political, administrative, planning, budgeting as well as the rating authority in the district; Sub- District Structures of Urban, Town, Zonal, Area Councils (UTZACs); and Unit Committees. The Government of Ghana (GoG) since then has implemented a number of projects and interventions (in the areas of infrastructure delivery, sanitation, capacity building, etc) in support of and to accelerate the implementation of the decentralization program. Currently, Ghana has taken series of actions to pursue the implementation of the national decentralization policy. The Ministry of Local Government & Rural Development (MLGRD) has been at the fore-front of formulating decentralization policy and coordinating decentralization implementation and reviewing the implementation process. The Ministry (MLGRD), with support from the World Bank, is currently preparing a Local Government Capacity Support Project (LGCSP). 2.2 Description of the Local Government Capacity Support Project (LGCSP) The main Project Development Objective (PDO) is the strengthening of institutions (systems, processes and organizations) that support accountable local governance for improved service delivery. The specific PDOs are: To improve the predictability of fiscal transfers from central government to local governments; To increase the capacity of 46 metropolitan and municipal assemblies in five areas related to urban service delivery; and To improve citizens perceptions of urban management and their engagement with urban assemblies. The project will provide an integrated package of support to build the capacity of Metropolitan and Municipal (MMAs). This will assist GoG to develop a differentiated policy, regulatory and fiscal framework that accounts for the varying needs of different categories of local governments, while remaining consistent with the overall national decentralization policy. For the 46 urban assemblies, the challenges of managing urban growth and providing urban services require the development of a tailored package of support and incentives that will be provided in the project. The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD. These components are: 1. Strengthening the fiscal framework for decentralization; 2. Enhancing decentralised urban service delivery; 3. Stimulating demand for accountable local governance; and 4. Institutional and project management support. Under Component 2, the project will provide grants to urban (metropolitan and municipal) assemblies based on achievement of performance in key focus areas of the project related to public financial management and accountability. The grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure, provided funds are appropriated and allocated through the conventional budget process, remain within their area of legal functional competence and conform to District 5 January 2011

14 Development Fund (DDF) requirements. This component will impact service delivery at the urban assembly level. Allowable expenses include (i) maintenance of community and social infrastructure (expenses related to furniture and fixtures, plant and machinery, and general equipment); (ii) expenses related to construction (new projects, completion of on-going/abandoned projects, and rehabilitation of buildings, plant and machinery), and (iii) purchase of equipment and furniture. Disallowable expenses (negative list) are as follows: investments outside of the DMTDPs; purchase of cars, motorbikes and bicycles; construction and furnishing of District Administration Offices and residential accommodations; investments in loans, other micro credit schemes and other securities; payment of allowances to Assembly members and staff; and acquisition of land. This new grant will be performance-based, focussing on indicators of improved local public financial management. In order to access the grant each year, each MMA will need to meet a set of minimum conditions for the previous year. These conditions must all be complied with individually and repeatedly for each year of the project for an MMA to receive a grant allocation for the following year. The aim would be to ensure that MMAs have a basic level of capacity, do not access the grant when they are excluded from the DDF and that higher performers access grant funding first. Eligibility for each year will be assessed as part of the annual FOAT assessment and communicated to each MMA along with their indicative allocation for the forthcoming year. These indicators are outlined in Table 2.1 below. The following are the range of typical sub-projects implemented by the Metropolitan and Municipal Assemblies as part of their MTDPs implementation: Table 2. 1 Typical Sub-Projects of MMAs MTDPs List Of Potential Sub-Projects 3 Construction of classroom blocks; 3 Construction of culverts; 3 Rehabilitation/renovation of school blocks; 3 Mounting of electricity poles; 3 Construction of Clinics and Community Health Posts and Centres; 3 Construction of maternity clinics and maternity theatres and wards; 3 Construction of nurses quarters; 3 Construction of public health units; 3 Drilling of boreholes; 3 Construction of laboratory blocks; 3 Mechanization of boreholes; 3 Construction of water supply system; 3 Construction of KVIPs; 3 Construction of teachers quarters; 3 Construction of water closet seaters; 3 Construction of libraries; 3 Rehabilitation of public toilet; 3 Landscape and greenbelt development; 3 Construction of waste disposal sites /landfills; 3 Construction and lining of drains; 3 Construction of market stalls; 3 Expansion of lorry parks; 3 Reshaping of road; 3 Construction of rest stops; 3 Bridge constructions; 3 Provision of streetlights; etc The implementation of the above sub-projects in the MTDPs may require or lead to land acquisition (farm lands, buildings, etc) and resettlement/displacement of people, properties or businesses. According to some of the MMAs, the implementation of some of the above sub-projects has resulted in compensation payments and resettlement due to loss of property, etc. It is also anticipated that more of such impacts will be experienced for projects yet to be started, especially new constructions. 2.3 Rationale for the RPF The Environmental Assessment (EA) Regulations of Ghana provide the general framework and procedures for EA and environmental management (EM) of development actions. Most Development Partners (DPs) and funding institutions, including the World Bank also have their respective EA requirements. Under the World Bank, the level of EA for the LGCSP (Component 2) is category B; implying that the potential environmental and social impacts will be minor, site-specific and manageable to a reasonable level. 6 January 2011

15 As part of funding arrangements for the LGCSP (Component 2), two of the Bank s safeguards policies are triggered; Environmental Assessment (OP 4.01) and Involuntary Resettlement (OP 4.12) and they must apply. This is because the proposed works under Component 2 are likely to lead to a degree of land take or restriction of access to sources of livelihood if the grants are used for infrastructure development. This is the basis for the preparation of this Resettlement Policy Framework (RPF). The RPF is required because although there is general knowledge about the types of sub-projects likely to be implemented by MMAs, their design specifications and features, specific locations and the type and zone of impacts cannot be determined at this stage of project preparation. The RPF will be used to screen all undertakings for their potential resettlement impacts and streamline all the necessary procedures to follow in mitigating and minimizing resettlement impacts arising from their implementation including compensations. During implementation of sub-project activities, when required, appropriate Resettlement Action Plans or Abbreviated Resettlement Action Plans will be developed to address specific social impacts and mitigation and compensation issues. 2.4 Objectives of the RPF The objectives of the Resettlement Policy Framework (RPF) are to: Establish the Local Government Capacity Support Project (LGCSP) resettlement and compensation principles and implementation arrangements; Describe the legal and institutional framework underlying Ghanaian approaches for resettlement, compensation and rehabilitation; Define the eligibility criteria for identification of Project Affected Persons (PAPs) and entitlements; Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and Provide procedures for filing grievances and resolving disputes. The RPF will apply to construction works and major rehabilitation activities, as well as other maintenance works by the Metropolitan and Municipal Assemblies (MMAs) which trigger involuntary resettlement. The procedures will be carried out throughout preparation and implementation, and impacts of any potential resettlement will be included in monitoring and evaluation (M&E). When a Resettlement Action Plan (RAP) is required, it will be prepared in accordance with guidance provided in this RPF, including detailed measurement surveys, identification (census) of PAPs/displaced persons, and Public Consultation and Disclosure Procedures (PCDP). The RPF follows the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP4.12), as described in Annex 1. The RPF ensures that any possible adverse social impacts of proposed project activities are addressed through appropriate mitigation measures, in particular, against potential impoverishment risks through a RAP. The RAP can address the social resettlement risks by: Avoiding displacement of people without a well designed compensation and relocation process; Minimizing the number of PAPs, to the extent possible; Compensating for losses incurred and displaced incomes and livelihoods; and Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs livelihoods and their well being. 7 January 2011

16 CHAPTER THREE Legal and Institutional Framework Political Economy and Governance in Ghana Property and Land Rights Acquisition of Land and other Assets Human Rights and Compensation Dispute Resolution and Grievance Mechanisms Comparison with World Bank OP4.12 Related Administrative Frameworks 8 January 2011

17 3.0 LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Legal Framework for Expropriation and Compensation This legal and institutional framework is presented in six sections. These are: 1. Political economy and governance in Ghana; 2. Property and land rights, as defined by Ghanaian law and customary practice; 3. Acquisition of land and other assets, including regulations over the buying and selling of these assets; 4. Human rights and compensation, in particular, the accepted norms influencing peoples basic rights to livelihood and social services; 5. Dispute resolution and grievance mechanisms, specifically the legal and institutional arrangements for filing grievances or complaints and how those grievances are addressed through formal and informal systems of dispute resolution; and 6. Comparison with World Bank OP4.12, using equivalence and acceptability standards. Below it the list of key documents upon which the legal framework of the RPF is based: The Constitution of the Republic of Ghana i.e. Article 20 of the 1992 constitution; The Administration of Lands Act, 1962 (Act 123); The State Lands Acts, 1962 (Act 125) which gives authority for land to be acquired; The State Lands Regulations 1962 (LI 230); The State Lands (Amendment) (No.2) Regulations 1963 (LI285); Lands (Statutory Way Leaves) Act, 1963 (Act186); and The World Bank Operational Directive OP Political Economy and Governance in Ghana The political and legal context for the application of Resettlement Policy Frameworks (RPFs) is mainly governed by the Constitution of Ghana (1992), the Ghana National Land Policy (1999), the Lands (Statutory Wayleaves) Act (Act 186 of 1963), and The State Lands Act (Act 125 of 1962). The Constitution provides for individual property rights, the protection of those rights, and compensation from the government if it compulsorily acquires a person s property. The right to acquire land is vested in the President, although land may only be acquired by the state if the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit and the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has interest in or right over the property. The Land Valuation Board establishes compensation levels, using market value for lands, and replacement value for property. Ghanaian law does not give illegal squatters or settlers the right to compensation, unless they can claim a right to the property under the Limitation Decree. The Constitution requires that all person have access to the High Court in the case that there is a dispute with regard to his right or interest over the land or the amount of compensation he has been offered Property and Land Rights in Ghana The Constitution of Ghana (1992) upholds the fundamental rights of citizens to own property and receive support from the state when that property is compulsorily acquired by the state. Article 20(3) the 1992 Constitution requires that where a compulsory acquisition or possession of land effected by the State involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values. The state allows for compulsory acquisition of property if it is deemed necessary for national defense, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit. The reasoning for the 9 January 2011

18 compulsory acquisition must also be clearly stated and must provide reasonable justification for causing any hardship that may result to any person who has interest in or right over the property. (Constitution, Article 20). The Constitution states that everyone has the right to own property, either individually or in conjunction with a group, and that no person shall be subjected to interference with the privacy of his home, property, correspondence, or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of the rights and freedom to others. (Constitution, Article 18). There are three types of land ownership in Ghana: 1. Customary ownership; 2. State ownership; and 3. Split Ownership. The Land Title Registration Law of 1986 recognizes four types of customary ownership in land (detailed below) whereas the other two categories only contain one form of ownership each. 1) Customary Ownership: a) Allodial Title. This is the highest interest recognized by customary law. It is normally communally owned and is generally held or vested in stools or skins. In other traditional areas, this interest is held by subgroups like sub-stools, clans, families, or individuals. The owner of the allodial land holds this land under no restrictions or obligations other than those imposed by the law of Ghana. b) Freehold Title. This is divided into customary law freehold and common law freehold. i) Customary Law Freehold aka usufructuary title. Refers to an interest held by subgroups or individuals in land that is known to be owned allodially by a larger community. It can be acquired by cultivation or succession. It is perpetual, inheritable, and the holder has the right to sell, lease, or grant agricultural tenancies on the land. The land holder can occupy the land and derive economic benefit from it. The government and/or the allodial land owner may terminate holding rights if the land holder fails to produce successors, through compulsory acquisition, if the holder abandons the land, or in rare circumstance where the holder denies the absolute title of the allodial owner. ii) Common Law Freehold. Refers to an interest in land that stems from the sale or gift to a person outside the community, by the community that holds the allodial title to the land. The land holder s rights, and any dispute settlement mechanism, are defined by common law. This type of freehold is created by express grant. The grantor may impose terms on the grant, provided those terms are reasonable and not contrary to public policy. Only Ghanaian citizens may acquire freehold title to land. c) Leaseholds. This is the right to occupy and develop the land granted for a certain period of time. Ghanaian law specifies 99 years for Ghanaian citizens, and 50 years for non-ghanaians. A lease may be granted either by the holder of the allodial title or a customary freeholder. It is a creation of the common law. The grantor may impose various terms on the lease, including the payment of rent. d) Customary Tenancy. Owners of the allodial title or customary freehold can create various lesser interests (than those described above). These types of tenancies are usually share-cropping arrangements. Under abusa tenancy, the tenant farmer is entitled to a third of the produce form the land. Under abunu tenancy, the farmer is entitled to half of the produce. 2) State Ownership State land is the land which the state has compulsorily acquired for public purposes or in the public interest, as specified in the Constitution. Under such ownership, the allodial rights become vested in the government, which thus allows the government to, for example, lease or allocate the land to state 10 January 2011

19 institutions, individuals or organizations. Cadastral surveys are used to determine the boundaries of state lands. 3) Split Ownership (Vested Lands) Split ownership occurs when the state takes legal ownership of the land, but the customary owner retains the equitable interest in the land. The state, as the legal owner, thus has the right to sell, lease, manage, and collect rent on the land. Although vested lands are generally managed in the same way as State Lands, the boundaries are not determined through cadastral survey (which can lead to confusion with regard to land ownership), and often cover large expanses of land Acquisition and Valuation of Land and other Assets (a) Land Acquisition The Constitution of Ghana ( 1992) explicitly states that the government can only acquire property if the taking of possession or acquisition is necessary in the interest of defense, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such as manner as to promote the public benefit and the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has interest in or right over the property. Importantly, it also states that compulsory acquisition of property by the state can only occur under a law which makes provision for the prompt payment of fair and adequate compensation. The constitution also specifies that if the state acquires land and later determines that it will not need the land for the stated purpose (or another project in the public interest) the original owner must be given the first option to re-acquire the land. (Constitution, Article 20). The State Lands Act vests the authority to acquire land for the public interest with the President. (State Lands Act, Act 125). Where the government needs to establish a right of way to create a project in the public interest, the Lands (Statutory Wayleaves) Act states that the President may declare the land to be subject to such a statutory wayleave. On publication of a wayleave instrument specifying the area acquired, and without further assurance, the land becomes subject to wayleave. Compensation is then determined and paid, with the right of appeal to a tribunal established by the President in parallel with the Lands Act of The State may created a statutory wayleave for a highway, any other structure, or works for the purpose of, or in connection with, any public utility service, or any specified works. The Lands (Statutory Wayleaves) Act provides that a copy of every wayleave instrument shall be served on the owner or occupier of the land affected by the statutory wayleave, and if neither the owner nor occupier can be found shall be posted in a conspicuous place on the land and published in a newspaper circulating in the locality. The owner/occupier of the land must receive seven days advance notice of intent to enter, and given at least 24 hours notice before actual entry (The Lands (Statutory Wayleaves) Act). Any damage caused by is subject to compensation according to the procedures established by the Minster (unless the land is restored or replaced). (b) Valuation The Land Valuation Board: is responsible for the computation of compensation on the basis of market value in the case of land and replacement value for houses and other properties damaged or destroyed as a result of the acquisition. The State Lands Act defines market value as the amount the land would sell for on the open market at the time the wayleave is declared, using the principle of willing buyer willing seller. Replacement value is used for compensation if there is no demand or market for the land due to the situation of the land or the purpose for which the land was used when the declaration of intent to acquire the land was made. The replacement value is the amount required for reasonable reinstatement equivalent to the condition of the land at the date of said declaration. Cost of Disturbance is defined as the reasonable expenses incidental to any necessary change of residence of place of business by any person having a right or interest in the land. 11 January 2011

20 3.1.4 Human Rights and Compensation Ghanaian law makes provision for compensation when development projects affect people s land, property, or livelihoods. It also details the rights and privileges of citizens in dealing with the government and the compulsory acquisition of property. (a) Economic Well-being and Social and Cultural Values The Constitution states that, where the state compulsorily acquires land, and where the state will resettle the displaced inhabitants, the state shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values. (b) Prompt and Adequate Compensation The Constitution states that the state may only compulsory acquire property if a law exists that provides for the prompt payment of fair and adequate compensation (Constitution, Article 20). The State Lands Act emphasizes the payment of compensation to the victims of acquisition made under the Act. The basis of the compensation should be either the market value or replacement value. Additionally, compensation amounts must take into account the cost of disturbance and incidental expenses or other damage suffered because of the resettlement. (c) Damage or Loss The State Lands Act also makes provision for compensation for any person who suffers any loss or damage due to the carrying out of any survey, as a result of installation, construction, inspection, maintenance, replacement, or removal of any specified work. The Minister will base the amount of compensation on any loss or damage, and may take into account how much the person s land has increased in value as a result of the installation or construction of the works. (d) Claiming Compensation The State Lands Act states that the affected person or group is responsible for registering a claim against land acquisition (State Lands Act, Act 125). Any claim for compensation must be made to the Minister no more than three months after the date of declaration made by the president under Act 186, Section 1. No person shall be entitled to any compensation for loss or damage if, in the opinion of the minister; (1) any alleged damage to the land has been sufficiently addressed, and the land has been reinstated, (2) any alleged loss arising out of the deprivation of the use of any land, (3) the person alleging the loss has been offered other land of equivalent value, (4) the alleged damage is to movable property, and the property has been sufficiently restored or replaced, or (5) the works constructed do not substantially interfere with the enjoyment of land. (e) Highways The Lands (Statutory Wayleaves) Act states that no compensation will be paid, in the case of highways, if the project damages or destroys less than one fifth of the total holdings of an affected person Dispute Resolution and Grievance Mechanisms The Constitution of Ghana (Article 20) states that compulsory acquisition of property by the State shall only be made under a law which makes provision for a right of access to the High Court. Access should be available to any person who has an interest in or right over the property, whether direct or on appeal from any other authority, for the determination of his interest or right and the amount of compensation to which he is entitled. The State Lands Act (1962) provides avenues for people who are not satisfied with compensation to seek redress. Where any person is dissatisfied with the amount of compensation assessed by the Minister, but in no other case, the Minister may refer the matter to a Tribunal. The tribunal shall consist of three persons appointed by the president, following consultation with the Chief Justice, and one of those persons shall be a Judge of the High Court who shall be chairman of the Tribunal Comparison to World Bank OP 4.12 There are significant gaps between Ghanaian laws and regulations and the requirements for resettlement as laid out in OP The Safeguards Diagnostic Review for Piloting the Use of Ghanaian Systems to Address Environmental Safeguard Issues in the Proposed World Bank-Assisted Ghana Energy 12 January 2011

21 Development and Access Project (GEDAP) which was completed in December 2006, concluded that: the Ghanaian systems on involuntary resettlement are deemed not to be equivalent with the Bank s. Table 4.1 (below) highlights the differences between Ghanaian laws and World Bank policies regarding resettlement and compensation. Below is a short discussion of the most important differences. Ghanaian law requires prompt, adequate, and fair compensation for project affected people (PAPs); this is not at par with OP 4.12, which requires that compensation be completed prior to the start of the project. Additionally, there is no provision for relocation assistance, transitional support, or the provision of civic infrastructure under Ghanaian law. (Table 4.1, Section II) Additionally, Ghanaian law does not make any specific accommodation for squatters or illegal settlers, other than under the Limitation Decree where settlers can claim rights to the land after living on it for 12 years and where the legal owner of the land has failed to exert his legal ownership. (Table 4.1, Section I) OP 4.12 requires that affected communities be consulted regarding project implementation and resettlement. Affected communities should also receive the opportunity to participate, implement, and monitor resettlement. However, Ghanaian law states that, when it is determined that a right of way must be established, the President publishes a wayleave instrument and the land specified is immediately subject to the wayleave. The instrument must then be publicized where the owner or occupier of the land can easily see it. The owner/occupier must receive at least 7 days notice of intent to enter, and 24 hours notice before entry. (Table 3.1, Section II). Ghanaian law makes no specific accommodations for potentially vulnerable groups such as women, children, the elderly, ethnic minorities, indigenous people, the landless, and those living under the poverty line. These groups are at highest risk to experience negative effects due to resettlement, and should receive special consideration during the preparation of a resettlement policy framework to assure that they can maintain at least the same standard of living after displacement takes place. (Table 3.1, Section I). Finally, there is also no provision in the law that the state should attempt to minimize involuntary resettlement. 13 January 2011

22 Table 3. 1 Comparison of Ghanaian and World Bank Policies on Resettlement and Compensation 1 Types of Affected Persons/ Lost Assets Ghanaian Law World Bank OP4.12 Comparison/Gaps Section I: Property and land rights Land Owners Land Tenants/Squatters Property acquired compulsorily in the public interest or for a public purpose shall be used only in the public interest or for the purpose for which it was acquired. Where the property is not used in the public interest or the purpose for which it was acquired, the owner of the property, immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such reacquisition, refund the whole or part of the compensation paid as provided for by law or such other amount as is commensurate with the value of the property at the time of the reacquisition. Resettlements in the case of acquisitions can be claimed as of right only by persons with proprietary interests in acquired lands. No constitutionally or legislatively recognized resettlement rights or assistance for those without recognized (formal) legal rights to land. Through census and socio-economic surveys of the affected population, identify, assess, and address the potential economic and social impacts of the project that are caused by involuntary taking of land (e.g., relocation or loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood, whether or not the affected person must move to another location) or involuntary restriction of access to legally designated parks and protected areas Land-for-land exchange is the preferred option; compensation is to be based on replacement cost. For those without formal legal rights to lands or claims to such land that could be recognized under the laws of the country, the government should provide resettlement assistance in lieu of compensation for land, to help improve or at least restore those affected persons The legal right to resettlement is applicable only to those with proprietary interest in the affected land The Constitution provides for land-based resettlement. Although its provisions could be interpreted as implying a preference for land based strategies for displaced persons whose livelihoods are land-based, there is no specific legislative or regulatory provision made for this preference. While in principle no distinction or discrimination is made on the basis of gender, age, or ethnic origin, there is no equivalence on the specific requirement of non-discrimination or the requirement that particular attention be paid to the needs of vulnerable groups among the 1 Source: Safeguards Diagnostic Review for Piloting the Use of Ghanaian Systems to Address Environmental Safeguard Issues in the Proposed World Bank-Assisted Ghana Energy Development and Access Project (GEDAP), December January 2011

23 Types of Affected Persons/ Lost Assets Ghanaian Law World Bank OP4.12 Comparison/Gaps livelihoods displaced. Land Users Owners of non-permanent buildings Owners of permanent buildings Article 20(3) the 1992 Constitution requires that where a compulsory acquisition or possession of land effected by the State involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic wellbeing and social and cultural values. There are no constitutionally or legislatively recognized resettlement rights or assistance for those without recognized (formal) legal rights to land. The Land Valuation Board is responsible for the computation of compensation on the basis of market value in the case of land and replacement value for houses and other properties damaged or destroyed as a result of the acquisition. The State Lands Act defines replacement value as the amount required for reasonable reinstatement equivalent to the condition of the land at the date of said declaration. Identify and address impacts also if they result from other activities that are: (a) directly and significantly related to the proposed project, (b) necessary to achieve its objectives, and (c) carried out or planned to be carried out contemporaneously with the project. For those without formal legal rights to lands or claims to such land or assets that could be recognized under the laws of the country, Bank policy provides for resettlement assistance in lieu of compensation for land, to help improve or at least restore their livelihoods. Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement 15 January 2011 Those without formal legal rights or claims to such lands are not entitled to be resettled or compensated. No equivalence between Bank and Ghanaian systems for identifying and addressing impacts resulting from project related activities. There appears to be a significant difference between Ghanaian laws and Bank policy. Those without formal legal rights or claims to such lands and/or semi-permanent structures are not entitled to resettlement assistance or compensation. Ghanaian law requires the affected persons receive compensation on the basis of replacement value when permanent structures are affected. Although the law can be interpreted to include labor and relocation expenses, these are not explicitly enumerated under Ghanaian law. Section II: Resettlement and Compensation Process Timing of compensation There are no relevant constitutional or Implement all relevant resettlement There is no equivalence on implementing

24 Types of Affected Persons/ Lost Assets payments Calculation of compensation and valuation Relocation and resettlement Ghanaian Law World Bank OP4.12 Comparison/Gaps legislative provisions that specify the timing of completion of resettlement and compensation. Ghanaian laws require the Minister for social welfare to take all reasonable measures to assist in the resettlement of people inhabiting lands liable to be inundated and adjacent lands needed by the Authority for the discharge of its functions, to ensure that no person suffers undue hardship or is deprived of necessary public amenities as a result of his or her 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 plans before project completion and provide resettlement entitlements before displacement or restriction of access. For projects involving restrictions of access, impose the restrictions in accordance with the timetable in the plan of actions. Bank policy requires: (a) prompt compensation at full replacement cost for loss of assets attributable to the project; (b) if there is relocation, assistance during relocation, and residential housing, or housing sites, or agricultural sites of equivalent productive potential, as required; (c) transitional support and development assistance, such as land preparation, credit facilities, training or job opportunities as required, in addition to compensation measures; (d) cash compensation for land when the impact of land acquisition on livelihoods is minor; and (e) provision of civic infrastructure and community services as required. To avoid or minimize involuntary resettlement and, where this is not feasible, to assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher 16 January 2011 all relevant resettlement plans before project completion or on providing resettlement entitlements before displacement or restriction of access. Even if these requirements are met, they would be applicable only to communities with proprietary rights or interests in affected lands. There are no equivalent provisions on relocation assistance, transitional support, or the provision of civic infrastructure. Ghanaian laws do not appear to make provisions for avoidance or minimizing of involuntary resettlement Completion of resettlement and There are no relevant constitutional or Implement all relevant resettlement There is no equivalence between

25 Types of Affected Persons/ Lost Assets compensation Livelihood restoration and assistance Consultation and disclosure Ghanaian Law World Bank OP4.12 Comparison/Gaps legislative provisions that specifically state that resettlement and compensation needs to be completed. There are no specific laws or regulations specifying support for livelihood restoration and transition and moving allowances Consultation requirement not provided for directly in legislative or constitutional provisions. The issue of compensation is the responsibility of the Lands Commission and the Lands Valuation Board on the basis of the criteria established under the State Lands Act 1962 as amended. plans before project completion and provide resettlement entitlements before displacement or restriction of access. For projects involving restrictions of access, impose the restrictions in accordance with the timetable in the plan of actions. Livelihoods and living standards are to be restored in real terms to predisplacement levels or better Consult project-affected persons, host communities and local NGOs, as appropriate. Provide them opportunities to participate in the planning, implementation, and monitoring of the resettlement program, especially in the process of developing and implementing the procedures for determining eligibility for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms. Ghanaian law and World Bank policies on implementing relevant resettlement plans before project completion or on providing resettlement entitlements before displacement or restriction of access. Even if these requirements are met, they would be applicable only to communities with proprietary rights or interests in affected lands. Ghanaian policy and legislation would need to be aligned with Bank policy to effectively guarantee rights of all affected persons of involuntary resettlement While the consultation requirement is inherent in the EIA, it contains a number of differences with the requirements of Bank policy, noted above also. In LI 1652 (Regulation 17), similar considerations apply and the same differences are identifiable: There is no requirement to disclose the preliminary report under Regulation 9. Despite the differences identified, the practice has been that where a mitigation plan affects local communities, proceedings are conducted in the local language. This is significant considering the composition of those most likely to be excluded from the remit of Ghanaian legislative and constitutional protection for involuntary resettlement (i.e., squatters). Section III: Dispute Resolution 17 January 2011

26 Types of Affected Persons/ Lost Assets Grievance mechanism and dispute resolution Ghanaian Law World Bank OP4.12 Comparison/Gaps There are various legislative measures that govern the rights of persons with formally recognized interests in land. They preserve extensive State powers to compulsorily acquire land but also provide for procedural redress and complaint mechanisms, including direct recourse to a minister, appeals to tribunals, as well as for determination by the High Court and Court of Appeal of disputes arising from conflicting claims or interests. There is legislative provision made for notice and procedural requirements 1964 Lands (Statutory Way Leaves) Regulations, and for compensation for compulsory acquisition 1963 Lands (Statutory Way Leaves) Establish appropriate and accessible grievance mechanisms 18 January 2011

27 3.4 Institutional Framework Land Valuation Board (LVB) The LVB is the statutory government institution responsible for assessing and approving compensation amount to PAPs. LVB will receive value and verify documentation on affected properties. 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 LGCSP project falls within the jurisdiction of LVB Ministry of Finance/Accountant General s Department The Ministry of Finance and Economic Planning is the agency that manages the central government s budget. The Ministry of Finance is responsible for releasing money to be paid to victims of projects undertaken by state agencies. On request from MLGRD, the Ministry of Finance will authorize and release to MMAs, the funds required to implement the RAPs, pay supplemental assistance and compensations. The Ministry may also enter into special arrangements with participating MMAs regarding implementation of provisions in the RAPs especially with reference to payments of compensations Lands Commission/Ministry of Lands and Forestry This is the state agency charged primarily with the management and administration of state and vested lands. It is responsible for advising on policy framework for development of particular areas so as to ensure that development of such areas is coordinated. The functions of Lands Commission are spelt out in Article 256 of the 1992 Constitution and the Lands Commission Act (Act 483) The Commission s role in the compulsory acquisition is that it serves as a member/secretary to the site selection committee, a technical committee that considers request for compulsory acquisition by the state agencies and recommends its acceptance or otherwise. The proprietary plan covering the site to be acquired is plotted by the Commission in the government records. Also recommendation on the acquisition is processed by the Commission for the approval by the Minister responsible for lands, before an executive instrument would be issued and gazetted Town and Country Planning Department (of MMAs) The Department prepares planning layouts for towns and cities and defines safety zones/right of ways. It also vets and approves layouts prepared by prospective developers and specifies all 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 Attorney General s Department and Ministry of Justice The Attorney General s Department and the Ministry of Justice has redress mechanisms in place for aggrieved persons. The Attorney General will encourage all individuals (PAPs) who will not be satisfied with compensation offered them to seek redress in a court of law as empowered by constitution. Within the grievance redress mechanism this will be a last resort after all parties have exhausted opportunities outlined by the grievance redress team established by the project Metropolitan/Municipal Assemblies The MMAs are the planning authorities who have jurisdiction over the project corridors and sites. They grant permits and licenses for development and operation of infrastructure and any commercial activity. Land demarcation and general development plans of communities lie with the assemblies as well as the communities in consultations with the Traditional Authorities who are custodians of lands in most part of Ghana. The MMAs will be acquiring lands for sub-projects in their MTDPs and where resettlement and compensations are triggered; they will be responsible for the implementation of the provisions of the RAP. 19 January 2011

28 Regional Coordination Council (RCC) They will play coordinating roles for all participating MMAs in their region on safeguards issues. They will also coordinate and monitor the implementation of sub-project from the MTDPs at the regional levels by ensuring prudent management of funds Non-governmental Organizations (NGO) NGOs are independent bodies who serve as the mouth-piece of the local people. They participate in public hearings of ESIAs and RAPs and in addressing the concerns of the communities. With regards to the implementation of the LGCSP where resettlements and compensations are triggered, they will serve as independent bodies to validate compensations, help with sensitization and awareness program regarding safeguards compliance. 20 January 2011

29 CHAPTER FOUR Compensation for Land and other Assets Consultation & Participatory Approaches Disclosure & Notification Documentation & Verification of Land & other Assets Compensation & Valuation Community Payments Grievance Mechanism Entitlement Matrix 21 January 2011

30 4.0 COMPENSATION FOR LAND AND OTHER ASSETS The RPF guidelines apply to all eligible projects under component 2 of the LGCSP, whether or not they are directly funded in whole or in part by the LGCSP. The RPF applies to activities in sub-projects (or components) affecting those who would be physically displaced or who would lose some or all access to resources, and regardless of the total number affected, the severity of impact, and their legal status (e.g. the RPF guidelines apply also to those with ill-defined or no title to the land). The RPF provides special attention to the needs of vulnerable groups among the Project Affected Persons (PAPs), especially households with incomes below the national poverty line, including the landless, elderly and disabled, women and children, indigenous groups and ethnic minorities, and other historically disadvantaged. 4.1 Description of LGCSP Activities with potential for Compensation and Resettlement The activities in the LGCSP that are expected to have some land acquisition or restriction of access include the following: List of Potential Sub-Projects 3 Construction of classroom blocks; 3 Construction of culverts; 3 Rehabilitation/renovation of school blocks; 3 Mounting of electricity poles; 3 Construction of Clinics and Community Health Posts and Centres; 3 Construction of maternity clinics and maternity theatres and wards; 3 Construction of nurses quarters; 3 Construction of public health units; 3 Drilling of boreholes; 3 Construction of laboratory blocks; 3 Mechanization of boreholes; 3 Construction of water supply system; 3 Construction of KVIPs; 3 Construction of teachers quarters; 3 Construction of water closet seaters; 3 Construction of libraries; 3 Rehabilitation of public toilet; 3 Landscape and greenbelt development; 3 Construction of waste disposal sites 3 Construction and lining of drains; /landfills; 3 Construction of market stalls; 3 Expansion of lorry parks; 3 Reshaping of road; 3 Construction of rest stops; 3 Bridge constructions; 3 Provision of streetlights; Although the exact nature and locations of sub-projects are unknown, the following categories of PAPs will be used in identifying groups of PAPs for the purpose of determining impacts Project Affected Persons (PAPs) They are individuals whose assets may be lost, including land, property, other assets, and/or access to natural and/or economic resources as a result of activities related to sub-project(s) Project Affected Households Are groups of PAPs in one household and where one or more of its members are directly affected by the LGCSP. These include members like the head of household, male, and female members, dependent relatives, tenants, etc Vulnerable Groups of People From these households the LGCSP will separately identify the vulnerable members, such as those who are too old or too ill; children; those stricken with HIV/AIDS; women; unemployed youth; etc. Households headed by women that depend on sons, brothers, and others for support are especially vulnerable. Similarly, households with elderly or seriously ill persons are eligible for additional support. 22 January 2011

31 During implementation of this LGCSP a social assessment will be carried out to identify the areas or sites expected resettlement impacts will occur due to land acquisition or restriction of access to resources. At that stage, OP 4.12 calls for the preparation of separate stand-alone Resettlement Action Plans (RAPs) consistent with the guidelines provided in this RPF. The following procedural guidelines will apply when it is determined that a RAP would be developed. All potential PAPs should be identified (through a scoping exercise) and informed about their options and rights pertaining to compensation for land and assets to be acquired by the subproject(s); PAPs must be consulted about land acquisition and compensation and offered technical and financial options, including the most economically feasible alternatives; and PAPs should receive reasonable compensation at full replacement cost for losses of assets and access attributable to the sub-project Eligibility of PAPs The PAPs may be eligible for compensation and resettlement assistance if: They have formal legal rights to land (including customary and traditional rights recognized under the Lands Act. They do not have formal legal rights to land at the time the census begins but have a recognizable legal right or claim to such land or assets. They have no recognizable legal right or claim to the land they are occupying i.e. squatters, ownerships under dispute etc. The above PAPs eligibility criteria is according to the World Bank Involuntary Resettlement Policy, OP 4.12 and State Lands Act 1963 section 6(1) of the Government of Ghana which provides that any person whose property is affected by public projects shall be entitled to compensation. The Act also provides avenues for people who are not satisfied with compensation to seek redress (see Table 4.1 below). Resettlement Action Plans or abbreviated resettlement action plans may be required in instances where PAPs have been identified. In such cases, a number of actions will be required by MMAs. These would include the following: Screening The purpose of the screening process is to determine whether sub-projects are likely to have potential negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the sub-projects design; to review and approve sub-projects proposals and to monitor environmental parameters during implementation. The extent of environmental and social work that might be required for the sub-projects prior to implementation will depend on the outcome of the screening process. This process should include screening for possible resettlement impacts. For each sub-project proposal, the MMA, led by the Planner, will carry out a screening process. An appropriate screening format will be developed as part of the PIM. Monitoring will be conducted during all phases of the project. The monitoring plan does not restrain RPCUs to take up their normal monitoring role at MMA level, including in areas of environment protection. There will be two tracks for oversight and management of safeguards in sub projects. The screening process at MMA level will take place as part of the annual planning and budgeting process. Any subproject under the Urban Development Grant will be subject to screening led by the Planning Officer and 23 January 2011

32 submitted for review to the Development Planning Subcommittee. If any sub-project is triggering safeguards, the MMA will inform the ESO, submit the necessary documentation, and the ESO will initiate preparation of the necessary mitigation measures RAP Preparation As soon as the list (sub-projects) is approved by the MPCU and the Development Planning Subcommittee and submitted to the ESO at MLGRD for confirmation, a consultative and participatory process for preparing a RAP or ARAP should be started, as follows: A socio-economic survey will be completed to determine scope and nature of resettlement impacts; The socio-economic study will be carried out to collect data in the selected sub-project sites; and The socio-economic assessment will focus on the potential affected communities, including some demographic data, description of the area, livelihoods, the local participation process, and establishing baseline information on livelihoods and income, landholding, etc. Annex 2 describes the requirements for the RAP in detail. In general, a RAP should contain the following information: i. Baseline census; ii. Socio-Economic survey; iii. Specific compensation rates and standards; iv. Entitlements related to any additional impacts; v. Site description; vi. Programs to improve or restore livelihoods and standards of living; and vii. Detailed cost estimates and implementation schedule. The MMPCUs may prepare the ToRs for the RAP subject to approval by the ESO at MLGRD. The procurement of the consultant to complete the RAP will also be the responsibility of the MMA. The following guidelines are used when a RAP is developed. (i) Consultation and Participatory Approaches A participatory approach is adopted to initiate the compensation process. The consultations must start during the planning stages when the technical designs are being developed, and at the land selection/screening stage. The process therefore seeks the involvement of PAPs throughout the census for identifying eligible PAPs and throughout the RAP preparation process. (ii) Disclosure and Notification All eligible PAPs are informed about the RAP process. A cut-off date is established as part of determining PAPs eligibility. In special cases where there are no clearly identifiable owners or users of the land or asset, the RAP team must notify the respective local authorities and leaders. A triangulation of information affected persons; community leaders and representatives; and an independent agent (e.g. local organization or NGO; other government agency; land valuer) may help to identify eligible PAPs. The RAP must notify PAPs about the established cut-off date and its significance. PAPs must be notified both in writing and by verbal notification delivered in the presence of all the relevant stakeholders. (iii) Documentation and Verification of Land and other Assets The government authorities at both national and local levels; community elders and leaders; representatives from MLGRD will arrange meetings with PAPs to discuss the compensation and valuation process. For each individual or household affected by the sub-project, the RAP preparation 24 January 2011

33 team will complete a Compensation Report (CR) containing necessary personal information on the PAPs and their household members; their total land holdings; inventory of assets affected; and demographic and socio-economic information for monitoring of impacts. This information will be documented in the CR, and ideally should be witnessed by an independent or locally acceptable body (e.g. Resettlement Committee). The CR will be regularly updated and monitored. (iv) Compensation and Valuation All types of compensation will be clearly explained to the individual and households involved. These refer especially to the basis for valuing the land and other assets. Once such valuation is established, MLGRD will produce a Contract or Agreement that lists all property and assets being acquired by the sub-project and the types of compensation selected. Table 4.1 below provides a sample of entitlements that are eligible for compensation. These options include in-kind (e.g. replacement housing) and cash compensation. All compensation should occur in the presence of the affected persons and the community local leaders. (v) Community Payments Although most sub-projects do not normally take land and other assets belonging to a community, such as a community centre, school, or sacred site, if this occurs in a subproject, the community (as a whole) will be compensated. This compensation will be in the form of reconstruction of the facility (in case of damages) or replacement at least the same standard or equivalent or better standard required by local planning regulation. Examples of community compensation expansion of grazing grounds; rehabilitation of school buildings, public toilets, health facilities; installation of wells or pumps; creation of market places; and reconstruction of community roads. (vi) Grievance Mechanism The sub-project RAP team will establish an independent grievance mechanism. This may be set up through the MMAs with representation from key stakeholders including community leaders. All PAPs will be informed about the grievance redress committee and how to register grievances or complaints, including specific concerns about compensation and relocation. The PAPs should also be informed about the dispute resolution process, specifically about how the disputes will be resolved in an impartial and timely manner. The RAP team will produce a report containing a summary of all grievances. If needed, the dispute resolution process should include Ghanaian Courts of Law, but traditional institutions can be an effective first step in both receiving and resolving grievances. 25 January 2011

34 Table 4. 1 Entitlement Matrix Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits Agricultural Land Cash compensation for affected land equivalent to market value Farmer/ title holder Cash compensation for affected land equivalent to replacement value Less than 20% of land holding affected Land remains economically viable. Greater than 20% of land holding lost Land does not become economically viable Tenant/ lease holder Farmer/ Title holder Tenant/Lease holder Cash compensation for the harvest or product from the affected land or asset, equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Land for land replacement where feasible, or compensation in cash for the entire landholding according to PAP s choice. Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to PAPs. Transfer of the land to PAPs shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Cash compensation equivalent to average of last 3 years market value for the mature and harvested crop, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. 26 January 2011

35 Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 12 months while short- term crops mature Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Commercial Land Land used for business partially affected Limited loss Assets used for business severely affected If partially affected, the remaining assets become insufficient for business purposes Title holder/ business owner Business owner is lease holder Title holder/business owner Relocation assistance (costs of shifting + allowance). Cash compensation for affected land Opportunity cost compensation equivalent to 5% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Opportunity cost compensation equivalent to 10% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Land for land replacement or compensation in cash according to PAP s choice. Land for land replacement will be provided in terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Business person is lease holder Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records 27 January 2011

36 Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits from comparable business, or estimates), or the relocation allowance, whichever is higher. Relocation assistance (costs of shifting) Residential Land Land used for residence partially affected, limited loss Title holder Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to reestablish the business. Cash compensation for affected land Remaining land viable for present use. Rental/lease holder Title holder Cash compensation equivalent to 10% of lease/ rental fee for the remaining period of rental/ lease agreement (written or verbal) Land for land replacement or compensation in cash according to PAP s choice. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Land and assets used for residence severely affected Rental/lease holder Relocation assistance (costs of shifting + allowance) Refund of any lease/ rental fees paid for time/ use after date of removal Remaining area insufficient for Cash compensation equivalent to 3 months of lease/ rental fee 28 January 2011

37 Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits continued use or becomes smaller than minimally accepted under zoning laws Assistance in rental/ lease of alternative land/ property Relocation assistance (costs of shifting + allowance) Buildings and Structures Structures are partially affected Owner Cash compensation for affected building and other fixed assets Remaining structures viable for continued use Entire structures are affected or partially affected Remaining structures not suitable for continued use Rental/lease holder Owner Cash assistance to cover costs of restoration of the remaining structure Cash compensation for affected assets (verifiable improvements to the property by the tenant). Disturbance compensation equivalent to two months rental costs Cash compensation for entire structure and other fixed assets without depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rental/lease holder Rehabilitation assistance if required (assistance with job placement, skills training) Cash compensation for affected assets (verifiable improvements to the property by the tenant) Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) Assistance to help find alternative rental arrangements Squatter/informal Rehabilitation assistance if required (assistance with job placement, skills training) Cash compensation for affected structure without depreciation 29 January 2011

38 Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits dweller Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available) Street vendor (informal without title or lease to the stall or shop) Rehabilitation assistance if required assistance with job placement, skills training) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher. Standing crops Crops affected by land acquisition or temporary acquisition or easement PAP (whether owner, tenant, or squatter) Relocation assistance (costs of shifting) Assistance to obtain alternative site to re- establish the business. Cash compensation equivalent to average of last 3 years market value for the mature and harvested crop. Trees Trees lost Title holder Cash compensation based on type, age and productive value of affected trees plus 10% premium Temporary Acquisition Temporary acquisition Cash compensation for any assets affected (e. g. boundary wall demolished, trees removed) PAP (whether owner, tenant, or squatter) 30 January 2011

39 CHAPTER FIVE LGCSP and RPF Implementation Arrangement Implementation Arrangements Valuation of Entitlements and Assets RPF Implementation Budget Potential Obstacles to RPF Implementation 31 February 2011

40 5.0 LGCSP AND RPF IMPLEMENTATION ARRANGEMENT 5.1 Implementation Arrangements MLGRD will be the lead implementing agency for the LGCSP on the whole. The Planning, Budgeting, Monitoring and Evaluation (PBME) Department is the entity designated by MLGRD to manage the project. PBME will also supervise the implementation of the RPF by the MMAs. MLGRD will be responsible for (i) supporting MMAs in preparing TORs for the ESIA/ESMP and RAP/ARAP (ii) supporting MMAs in ensuring the contractors comply with the recommendations the environmental and social assessments and environmental and social management clauses (inserted into the contract) during construction phase. Ghana Environmental Protection Agency (EPA) will be responsible for providing overall quality control through the review and clearance of the ESIAs and RAPs/ARAPs and validating the Environmental Audit Reports (EAR) to be prepared at the completion of works by the contractors. EPA will also assist in enforcing compliance with World Bank safeguards policies and monitor the implementation of the ESMPs. The EPA will also support the MMAs in coordinating safeguards activities. The MLGRD will appoint an Environmental and Social Officer (ESO). The ESO attached to MLGRD will be responsible for ensuring that MMAs comply with and implement sub-projects in accordance with provisions in the RPF and ESMP and in close collaboration with the EPA and any relevant Government agency and stakeholders especially for projects that trigger ESIA, ESMP, RAP or ARAP). At each MMA level, RPF implementation will be under the Metropolitan and Municipal Planning Coordination Unit (MMPCU) with oversight provided by the Development Planning Subcommittees of the assemblies (Figure 5.1). The main focal person will be the Planning Officer who will be responsible for compliance with environmental permitting of developments and measures to mitigate social impacts, monitoring and reporting as stipulated under this RPF and the ESMF. Other responsibilities of the ESO shall include: Coordination with MMPCUs in monitoring of the contractors and works; Compilation and preparation of bi-annual environmental and social impacts monitoring reports for submission to the World Bank; Review of ESIA reports from consultants in collaboration with EPA and MLGRD; Facilitating the disclosure of ESIAs and RAPs/ARAPs in-country; Data management; and Sub-project inspections, monitoring and giving technical advice to MMAs. To ensure effective implementation of the provisions of the RPF and the ESMF at the MMA levels, the key stakeholders (members of the MPCU, including the Planning Officer) will be trained in environmental and social safeguards. 32 February 2011

41 MLGRD - Environmental and Social Officer Bi-annual Reporting to the World Bank MMPCUs of MMAs Oversight from Development Planning Subcommittees ESIA, RAP/ARAP, ESMP, etc Preparation and Implementation ToR preparation and ESIA, RAP, etc Reports Review and Permitting by EPA Figure 5. 1 Subprojects LGCSP and Implementation RPF Implementation Arrangements 5.2 Valuation of Entitlements and Assets Valuation Methodology In fulfilment of the provisions of OP 4.12 (Paragraph 10), which requires that resettlement documentation should present information related to valuation of and compensation for losses, losses due to displacement will be compensated on the basis of replacement costs. With regards to land and structures, replacement cost is defined as follows for the following: (a) Agricultural Land It is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. (b) Land in Urban Areas It is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. (c) Houses and other Structures It is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labour and contractors fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. 33 February 2011

42 5.2.2 Land Acquisition Procedure and Compensation To avoid problems associated with private treaty and compulsory acquisition, as well as multiple ownership issues regarding land acquisition, a hybrid between private treaty arrangement and compulsory acquisition methods should be employed. The acquisition should commence with private consultations similar to that of private treaty arrangement with the aim of achieving the following: Identifying the rightful owners; Identification of the boundaries; Current occupants; Extent of loss to be suffered due to the sub-project activities; and Negotiation of compensation and resettlement Valuing Entitlement Land and properties to be affected by the sub-projects in the beneficiary MMAs should be inspected/referenced or enumerated. This should be done in conjunction with the Land Valuation Division of the Lands Commission and independent valuer of the PAPs if they so wish. The valuation of buildings/structures should be based on open market valuation. Replacement cost method of valuation should be used so as to arrive at values which could secure replacement properties for the affected persons. The replacement cost method should be based on the following: Physical inspection of each of the properties affected; Average replacement costs of different types of buildings and related structures based on collection of information on the quantities and types of materials used to construct different types of structures (e.g. blocks, bricks, wood, steel plates, rafters, doors etc); Prices of these items were collected from different local markets and analysed to take account of the minor differences between the comparables and the subject properties; Costs of transportation and delivery of these items to acquired/replacement building site; and Estimates of construction of new buildings including labour required Procedures for Delivery of Entitlements Entitlements for Project Affected People (PAP) would range from cash payments and/or building materials to the provision of new land, new homes and non-cash compensation for other lost properties in accordance with the identification of the impact on their property. Subject to the final decision on the exact position of the site and its dimensions, the approved entitlements or amounts would be communicated to the implementing agency or unit for delivery or payment to the beneficiaries. Compensation would be paid before the owners/occupiers are made to vacate their properties for commencement of construction or works. The Planning and Development Unit of the MMAs will ensure that no construction begins until PAPs have been resettled if physical relocation is necessary and/or received their compensations (according to World Bank Operational Policies OP 4.12). All compensation, whether cash payments and /or alternative land and house provisions, would be given to the PAPs prior to any request for vacation of land/property and before commencement of construction. Compensation and resettlement will be funded by the MMAs (MLGRD) like any other activity eligible under the projects administrative and financial management rules and manuals. The compensation process should incorporate the following: (a) Involvement of Public Sector Agencies Institutions such as the EPA, Municipal and Metropolitan Assemblies and the Town and Country Planning Department must be involved in the process of resettlement and their roles clearly spelt out. (b) Notification of Land Resource Holders 34 February 2011

43 Through a socio-economic survey, all property owners or users would have to be identified and located. The user or his representative should be informed through both a formal notification in writing and by verbal notification delivered in the presence of all stakeholders or their representative. (c) Documentation of Holdings and Assets Officers of the MMAs and Land Valuation Board should arrange meetings with affected individuals and/or households to discuss the compensation process. For each individual or household affected, officers of the implementing agency and LVB should compile a compensation dossier containing necessary personal information on, the affected party and those that s/he claims as household members, total land holdings, inventory of assets affected, and information for monitoring their future situation. This information should be confirmed and witnessed by EPA and MMAs. Dossiers will be kept current and will include documentation of lands surrendered. This is necessary because it is one way in which an individual can be monitored over time. All claims and assets will be documented in writing. (d) Agreement on Compensation and Preparation of Contracts All types of compensation should be clearly explained to the individual or household. A land acquisition team comprising the Land Owner(s), the Local Community, Area Council, District Assembly with the support of the Regional Lands Commission and Land Valuation Offices should draw up a contract listing all property and land being surrendered, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract should be read aloud in the presence of the affected party and other stakeholders prior to signing. (e) Compensation Payments All compensation payments will be made by MMAs in the presence of the affected party and officials of EPA and the LVB and with an NGO as a witness. The MLGRD will ensure that due process has been followed by the respective MMAs in preparing and paying of the appropriate compensation Time Frame Taking cognizance of the potentially low scale and scope of resettlement issues that could arise; the processing of compensation application for payment by Government should be expedited over an average maximum period of one month. Some additional one month could be allowed for exceptional circumstances where there could be some complexities or challenges. No construction will begin until PAPs have been resettled if physical relocation is necessary and/or received their full compensation (according to World Bank Policy OP 4.12). Additionally, the property owners must be given adequate notice of not less than one month after payment of compensation to vacate affected assets and relocate depending on the nature of relocation or resettlement. Table 5. 1 Potential RPF Implementation Obstacles and Mitigation Measures Potential RPF Implementation Obstacles Proposed Mitigation Measures 1 Absence of clear-cut procedures for managing resettlement/compensation within the assembly s MTDPs implementation The assemblies should adopt this RPF as a working document to address resettlement issues 2 Delays in disbursement of funds for compensation and resettlement payments 3 High staff turnover (where Assembly Officers with knowledge in resettlement and compensation issues are frequently transferred) Advanced planning for funds allocation by MMAs for compensation and resettlement and disbursements streamlined and fasttracked. Capacity must be built for all Assembly Officers across the country on resettlement and compensation issues 35 February 2011

44 4 Lack of coordination between the assemblies and regional EPA offices in handling E&S issues pertaining to assemblies projects (without donor E&S criteria) 5 Agitation of community members against implementation of projects (due to lack of awareness or politicization) - The capacity building of MMAs on SEA by EPA must further focus on the need to subject the various sub-projects of the MTDPs to EA (eg. Construction of final waste disposal sites) - EPA should hasten decentralization process by establishing metropolitan and municipal district offices - EPA should strengthen its E&S compliance monitoring of the assemblies sub-projects - Adequate sensitization of the community RPF Estimated Budget Table 5.2 below gives the budget for the RPF and ESMF implementation. This basically covers the cost of training for the MMAs in understanding the provisions of the RPF and ESMF. The ESMF further enumerates other forms of cost associated with the environmental assessment for the LGCSP in its Chapter 8.7. Table 5. 2 RPF Implementation Budget No. Activity Capacity Building Measure Rate/ USD$ 1. MLGRD/MMAs Training of staff and council members at MMA level (MPCU members) 2. Assessment of RPF and ESMF compliance at MMA levels - Training on Environmental and Social Assessment (screening and classification of activities, identification of impacts, mitigation options and indicators) - Involuntary Resettlement issues - Drafting ToR for EIA - Selection of mitigation measures in the checklists - Legislation and National Environmental Procedures - Safeguard Policy of World Bank 4 trainings per year for 5 years at 7,000 per training - N/A 2 visits at 2013 and 2015 at 40,000 per visit Estimated Cost (USD$) Sub-Total 220, MLGRD Salary and costs for Environmental and Social Officer 140,000 80,000 - N/A Lump sum 195,000 Sub-Total 195,000 TOTAL 415,000 The above budget is exclusive of compensation amounts to the PAPs which will be time and location specific and will be done as part of any subsequent (A)RAPs as defined in Annex 2A and costs for compensation will be covered by MMAs. 36 February 2011

45 CHAPTER SIX RPF Consultations Summary of Consultations with MMAs Summary of Consultations with EPA RPF and ESMF Disclosure 37 February 2011

46 6.0 RPF CONSULTATIONS 6.1 Consultations with MMAs Consultations were held with the under-listed to gain an insight on how resettlement issues have been handled with respect to projects under their MDTPs and what should be done to enhance incorporation of resettlement issues for projects that may fall under the LGCSP and other future projects: 1. Ashaiman Municipal Assembly (Greater Accra); 2. Cape Coast Municipal Assembly(Central Region); 3. Komenda-Edina-Eguafo-Abirem Municipal Assembly (Central Region); 4. Sekondi-Takoradi Metropolitan Assembly (Western Region); 5. Asante Akim North Municipal Assembly (Ashanti Region); 6. Kumasi Metropolitan Assembly (Ashanti Region); 7. Kwahu West Municipal Assembly (Eastern Region); 8. Accra Metropolitan Assembly (Greater Accra Region); and 9. Keta Municipal Assembly (Volta Region). The contact details of the persons consulted, their designations and pictures are presented in Annex 7. The Table 6.1 below is a summary of the consultations held with the MMAs, while Tables 6.2 to 6.10 present the issues raised and the responses by the 9 MMAs involved in the consultations. Table 6. 1 Assembly 1. Ashaiman Municipal Assembly 2. Cape Coast Metropolitan Assembly 3. Komenda-Edina-Eguafo- Abirem Municipal Assembly 4. Sekondi-Takoradi Metropolitan Assembly 5. Asante Akim North Municipal Assembly 6. Kumasi Metropolitan Assembly 7. Kwahu West Municipal Assembly 8 Accra Metropolitan Assembly Summary of Consultations with the Assemblies Name/Position of Officer Consulted Mr. S S Agbeve - Planning Officer Hon. Anthony Egyir Aikins - Chief Executive Mr. Atta-Ullah Dason - Co-ordinating Director Hon. Kobina Pra Annan - Chief Executive Mr. M.D.A. Avah - MCD Mr. Paa Kwesi Simon - Development Planning Officer Hon. Alex Obeng-Somuah - Chief Executive Mr. Timothy Teye Oman - Metropolitan DPO 9 Keta Municipal Assembly Mr. M.P. Dagbui MDPO Edith Tay - Community Development Officer Gershon Tudoagbor - Assistant MDPO Main Consultation Issues 1. Resettlement issues in the implementation of sub-projects of the MDTPs 2. Observance of E&S safeguards in project implementation 3.Involvement of NGOs in the assemblies plan implementation Table 6.2 Kumasi Metropolitan Assembly (KMA) Date: 19/01/2011 Consultation Issues Responses Responses - Public consultations are held to sensitize the community people - Compensations are paid to legal occupants of affected properties - Only donor sponsored projects are subjected to EA. Assembly sponsored projects are not subjected to EA unless in severe cases - NGOs are included in community dialogue as a first step in identifying the needs of the community to be incorporated in the MTDPs 38 February 2011

47 1 What is the range of projects normally included in your MTDPs for implementation? 1a 1b Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate E&S safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? - Construction of classroom blocks, places of convenience - Dredging and drain lining - Construction of lorry parks, market centres and stalls - Construction of CHPS centres, bungalows for health workers, Yes - In conjunction with the Lands Valuation Board for the valuation and payment of compensation by the Assembly to the Project Affected Persons - Yes N/A By subjecting the plans to Strategic Environmental Impact Assessment (SEA) EPA comes in at times especially on SIF projects - No, but such roles are being performed by Statutory Planning Committee which has representation of all the relevant agencies - Currently, there are plans to reconstitute more committees hoping to have EMC for effectiveness - Enhancement in the Assembly s negotiation and consultation skills to deal with resettlement and livelihood restoration s Yes Yes, especially on Social Investment Fund (SIF) projects From the plan conception to development and implementation stages through consultations and public hearings in prioritizing the needs of the communities and consensus building Table 6.3 Ashaiman Municipal Assembly (AMA) Date: 18/01/2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? 1a Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) - Slum upgrading - Pro-poor housing project - Construction of classroom blocks, places of convenience - Drain construction - Construction of transport terminal, market centres and stalls Yes 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? - Settlers were occupying the places illegally, hence Assemblies By-Laws were applied hence no compensation was paid 39 February 2011

48 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate E&S safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? Yes, and the Assembly s laws will be applied accordingly By subjecting the plans to Strategic Environmental Assessment (SEA) EPA has conducted capacity building for the Assembly in that regard - No. The Statutory Planning Committee which has representation of all the relevant agencies perform such roles - Enhancement in the Assembly s capacity in to perform environmental functions. Yes, the Assembly can easily fall on other governmental agencies such as the Lands Valuation Board (LVB) and the Environmental Protection Agency (EPA) if the need arises - Yes, under Urban Poverty Reduction Projects (UPRP) - EPA facilitated the conduct of Preliminary Environmental Assessment (PEA) - From the plan conception to development and implementation stages through consultations and public hearings in prioritizing the needs of the communities and consensus building - They also sensitize the communities on the importance of some crucial interventions for their acceptance Table 6.4 Asante-Akim North Municipal Assembly, Konongo Date: 19/01/2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? - Construction of lorry parks - Market centres and stalls construction - School blocks and toilet construction - Lining of drains - Construction of CHPS centres, bungalows for health workers 1a Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) Yes 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? - Working with the Lands Valuation Board for the valuation and payment of compensation by the Assembly to the Project Affected Persons(PAPs) - The Assembly also has Valuation Officer for such purposes - Yes they are involved N/A - Plans of the Assembly are subjected to Strategic Environmental Impact Assessment (SEA) - Members of the Statutory Planning Committee (SPC) also make their inputs - No, but the Statutory Planning Committee performs roles relevant to this 40 February 2011

49 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? - Engineers and Planners need enhancement in dealing with resettlement and compensation Yes Yes especially projects on Social Investment Fund (SIF) Involved from the planning stage to development and implementation stages through consultations and public hearings (if required) Table 6.5 Kwahu West Municipal Assembly, Nkawkaw Date: 19/01/2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? - Construction of CHPS centres - Construction of bungalows for health workers - Classroom blocks construction - Construction of lorry parks, market centres and stalls - Construction of places of convenience 1a Have you ever implemented any MTDPs which No affected people s properties? (lands, farms, houses, etc) 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? N/A - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? - Yes, by first liaising with the Lands Valuation Board (LVB) for the valuation - Need for capacity building also - And also from the inputs from the members of the Statutory Planning Committee (SPC) - Strategic Environmental Impact Assessment (SEA) is applied to all plans of the Assembly - No, but the Statutory Planning Committee which has representation of all the relevant agencies is responsible for performing such roles 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? - Resettlement and compensation capacity enhancement for the Assembly Yes, with additional capacity building No - From the planning to development and implementation phases through to consultations and public hearings to help prioritize the needs of the communities and consensus building 41 February 2011

50 Table 6.6 Sekondi-Takoradi Metropolitan Assembly Date: 19/01/ 2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? 1a Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? The Assembly s projects are under five thematic areas namely: Micro Economy, Production and Gainful Employment, Human Resource Development and Basic Services, Special Programmes for the vulnerable and the excluded, Good governance. Specific projects include building of classroom blocks, markets and car parks, vaccination for communities, support to farmers in terms of fertilizer costs organizing HIV/AIDS sensitization programmes etc Yes, a bus terminal is to be constructed and people have to be moved - Public consultations are held to inform the people of the community - Compensations are paid to those who have legal rights to the land There may be situations like that and we ll use the same method described in section 1b above. There are two types of projects; (i) assembly funded and (ii) donor funded. Donor funded projects such as UESP and CBRDP are subjected to E&S but Assembly-funded ones are usually not subjected to EA except in cases where the E&S issues are severe Environmental issues are handled by the Statutory Planning Committee Training of personnel of the Statutory Planning Committee on E&S safeguards that guide the Assembly s projects implementation Yes, with the necessary budgetary support and enhanced capacity on the management of resettlements, compensation and grievance issues The Assembly does not usually conduct EIAs for its projects except the ones that are donor-funded NGOs such as Life Relief Foundation and West Africa Integrated Development and Exchange Programme (WAIDEP) operate in the areas of health, community development, skill training, environmental sanitation and poverty reduction. Views of NGOs are incorporated at the community needs assessment level in developing MtDPs 42 February 2011

51 Table 6.7 Cape Coast Metropolitan Assembly Date: 19/01/ 2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? 1a Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? The projects are under five main areas namely: Micro Economy, Production and Gainful Employment, Human Resource Development and Basic Services, Special Programmes for the vulnerable and the excluded, Good governance. Some of the individual projects include building of markets, car parks and classrooms; vaccination for communities, support to farmers in terms of fertilizer costs organizing HIV/AIDS sensitization programmes etc Yes, issues on land take - Compensations paid to those who legally own lands - People of the community are informed through public consultations If there are situations like that then we ll use the same procedure as described in section 1b above. Depending on the type of project i.e. whether (i) assembly funded and (ii) donor funded. Donor funded projects such as UESP and CBRDP are subjected to E&S but Assembly-funded ones are usually not subjected to EA except in cases where the E&S issues are severe Statutory Planning Committee deals with environmental issues Personnel of the Statutory Planning Committee to be trained on E&S safeguards that guide the Assembly s projects implementation Yes, with regards to enhanced capacity on the management of resettlements, compensation and grievance issues The Assembly does not usually conduct EIAs for its projects except the ones that are donor-funded NGOs operate in the areas of health, community development, skill training, environmental sanitation and poverty reduction. Views of NGOs are incorporated at the community needs assessment level in developing MtDPs Table 6.8 Komenda Edina Eguafo Abirem Municipal Assembly Date: 19/01/2011 Consultation Issues Responses 1 What is the range of projects normally included in your MTDPs for implementation? The projects fall under one of the following: Micro Economy, Production and Gainful Employment, Human Resource Development and Basic Services, Special Programmes for the vulnerable and the excluded, Good governance. Some of the projects include building of classrooms, markets and car parks, organizing HIV/AIDS sensitization programmes, 43 February 2011

52 vaccination for communities, support to farmers in terms of fertilizer costs, etc 1a Have you ever implemented any MTDPs which affected people s properties? (lands, farms, houses, etc) 1b If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA? 1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them? 2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring? 3 Do you have Environmental Management Committees (EMC) in place? If yes, what is the composition? 4 What are some of the capacity gaps/training needs for the EMCs? 5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP? 6 Has the Assembly ever conducted any EA (EIAs, EMPs, etc) and acquired permit from EPA? 7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)? Yes, land take issues - People of the community are informed through public consultations - People with legal rights to land are paid compensation In the event of a situation like that we will apply the method in 1b. Donor funded projects such as CBRDP are subjected to E&S but Assembly-funded ones are usually not subjected to EA except in cases where the E&S issues are severe Statutory Planning Committee deals with environmental issues Training of personnel of the Statutory Planning Committee on E&S safeguards that guide the Assembly s projects implementation Yes, with the necessary budgetary support the Assembly could get enhanced capacity on the management of resettlements, compensation and grievance issues EIAs are usually conducted for donor-funded projects The areas of operation for NGOs include health, community development, skill training, environmental sanitation and poverty reduction. NGOs are involved during the community needs assessment level in developing MtDPs Table 6.9: Accra Metropolitan Assembly (AMA), Accra Date: 17/01/2011 Consultation Issues Responses Formulation/Preparation of DMTDPs 1. How is the MTDP formulated? - Process begins at the grassroots, involving all relevant stakeholders including NGOs. - The process is an open participatory process where all views and concern are collated through a series of community meetings and public forums. 2. How does the MMA select - Projects are selected based on their priority within the community. projects/communities for inclusion into the - The consultations involved are extensive and all beneficiaries are consulted. MTDP? Are beneficiaries consulted?) 3. What MTDP is currently being implemented and what environmental and social problems are often associated with the execution of the MTDP projects? EA Compliance in Implementing the MTDP Projects 4. Do the MMAs comply with the EA requirements in implementing the MTDP projects? - Upcoming projects are the Millenium City Projects (50 3-storey 18 classroom blocks, library with sanitary facilities.), Modernisation of Markets, Road projects, street lighting, Sanitation projects etc. - Funding sources for these projects are USAID, SIF, GETFUND, Common Fund, Privates Companies etc. - These activities often results in dust, construction wastes generation, noise nuisance and interruption of access ways. Most major development Projects of the Assembly are subjected to the relevant environmental assessment requirements. However, EIAs are not done some other infrastructure projects. 44 February 2011

53 5. Are environmental permits obtained for the projects prior to execution? Why not? Do the MAs pay permit fees? 6. How is the lack of capacity a factor in EA non-compliance (no environmental and social safeguards for projects)? 7. Are planning approvals obtained prior to the execution of the MTDP projects? Why? Are fees paid? By & to whom? Environmental & Natural Disasters 8. What types of environmental & natural disasters have been plaguing the Metro/Municipality and how often? 9. How do these disasters affect the livelihood of the people the most vulnerable and what emergency response plans are available? LGCSP (Urban Infrastructure Facilities Provision) 10. Is the second Urban Environmental Sanitation Project (UESP II) being implemented in the Metropolis/Municipality and how successful are these? 11. Any lessons for the LGCSP (which is also has urban infrastructure facilities provisions)? 12. What are the likely environmental and social impacts that could result from the LGCSP investments? Yes, Environmental permits are obtained prior to the execution of some projects. Yes permit fees are paid. For some externally funded projects, (eg SIF) environmental permitting fees are always incorporated into the project cost.. The AMA lacks an in-house capacity for environmental assessment and management. The AMA therefore depends on private consultancy services. The lack of the EA capacity affects the monitoring and compliance enforcement of environmental and social safeguards for projects. Yes Flooding is a common occurrence during the raining season, when there is a heavy down pour. It affects many households, and interrupts commercial activities, destroys assets of people and affects the livelihood of the people. There are no proper emergency response plans readily available but NADMO assist victims in such circumstances. Yes, the Metropolis has been benefiting mmensely from the UESP II. There are ongoing UESP II project covering sewerage improvement. Technical and administrative structures and expertise in place will be useful to the LGCSP The LGCSP will generate employment opportunities and improve infrastructure of the metropolis. Major environmental and social impacts are not anticipated from the LGCSP. The potential environmental and social impacts may relate to normal construction impacts, which could be addressed through effective EA compliance and monitoring. Land acquisition impacts and encroachment are potential social concerns that may arise. 13. Are there any institutional needs and capacities you may require to participate in the LGCSP? Particularly capacities for implementing the ESMF Capacity strengthening for environmental assessment and management within the AMA is very necessary. 14. Are there personnel in the MMA who can be trained to meet the needs of the LGCSP? Yes 15. What challenges can we foresee & how can we overcome them? The success of the LGCSP will depend on the MCEs so there is the need for the MCEs to understand and accept the project for good success. The MCEs need to be fully involved in the project. Table 9.10: Keta Municipal Assembly, Keta Date: 18/01/2011 Consultation Issues Responses Formulation/Preparation of DMTDPs 1. How is the MTDP formulated? - Projects are identified through the communities, Assembly members and validation done by the Municipal Assembly. 2. How does the MMA select projects/communities for inclusion into the MTDP? Are beneficiaries consulted?) 3. What MTDP is currently being implemented and what environmental and social - Projects are selected based on their priority within the community. - The consultations involved are extensive and all beneficiaries are consulted. - Some project being undertaken are schools, roads, toilets, health infrastructure, Farm tracks, foot bridges, pipe-borne water, drains, irrigation infrastructure, etc 45 February 2011

54 environmental and social problems are often associated with the execution of the MTDP projects? EA Compliance in Implementing the MTDP Projects 4. Do the MMAs comply with the EA requirements in implementing the MTDP projects? 5. Are environmental permits obtained for the projects prior to execution? Why not? Do the MAs pay permit fees? 6. How is the lack of capacity a factor in EA non-compliance (no environmental and social safeguards for projects)? 7. Are planning approvals obtained prior to the execution of the MTDP projects? Why? Are fees paid? By & to whom? Environmental & Natural Disasters 8. What types of environmental & natural disasters have been plaguing the Metro/Municipality and how often? 9. How do these disasters affect the livelihood of the people the most vulnerable and what emergency response plans are available? LGCSP (Urban Infrastructure Facilities Provision) 10. Is the second Urban Environmental Sanitation Project (UESP II) being implemented in the Metropolis/Municipality and how successful are these? 11. Any lessons for the LGCSP (which is also has urban infrastructure facilities provisions)? 12. What are the likely environmental and social impacts that could result from the LGCSP investments? 13. Are there any institutional needs and capacities you may require to participate in the LGCSP? Particularly capacities for implementing and monitoring the environmental and social management framework to achieve its objectives. 14. Are there personnel in the MMA who can be trained to meet the needs of the LGCSP? - Restriction of access to natural resources, which serves as a means of livelihood. - Destruction of habitats of wildlife in the Ramsar site. - Nuisance to road users and canoe users due to obstruction as result of road construction across the paths of fishing canoes. - Difficult access to sand winning pits. - Burrow pit becoming breeding ground for mosquitoes. - Community grievances and opposition to ROW for road construction project Yes, the MMA comply with EA requirements. EPA application Forms are processed for projects with significant environmental and social impacts through the EPA Regional Office at HO. Yes, Environmental permits are obtained prior to the execution of some projects. However, the non presence of an EPA Office at the Municipality and the remoteness of the EPA office in far away HO is a de-motivator to the EA process compliance. Yes permit fees are paid. The lack of EA capacity and other constraints such as the distance of the EPA office from Keta does not encourage the full compliance to the environmental and social safeguards for some projects. Yes Erosion and Flooding are a common occurrence in the MA. It affects many households, and interrupts commercial activities, destroys assets of people and affects the livelihood of the people. There are no proper emergency response plans readily available but NADMO assist victims in such circumstances. Yes, the Metropolis has been benefiting mmensely from the UESP II. There are ongoing UESP II project covering domestic toilet facilities provision. The UESP project is helping phase-out the use of pan latrines. The MA would like the sanitation projects to continue under the LGCSP Technical and administrative structures and expertise in place will be useful to the LGCSP The LGCSP will generate employment opportunities and improve infrastructure of the metropolis. Major environmental and social impacts are not anticipated from the LGCSP. The potential environmental and social impacts may relate to normal construction impacts, which could be addressed through effective EA compliance and monitoring. Land acquisition impacts and encroachment are potential social concerns that may arise. -The Keta MA area is a wetland and such sites needs to be protected. Construction of embankments and road projects could disturb the habitats of turtles. Capacity strengthening for environmental assessment and management within the MA is very necessary. Training in negotiations and grievance redress in connection with community projects are required. Wildlife training is also needed. Yes 15. What challenges can we foresee & how can we -Availability of funds and timely disbursement for approved projects is critical to the success of the project. -Concern about the non-payment of compensation with World Bank projects funds could have an impact on the project success since expected government funds for compensation payment is a great challenge thus 46 February 2011

55 overcome them? leading to litigations and project delays. 6.2 Consultations with the EPA Consultations were held with the under-listed Regional EPA Offices, being the GoG s lead environmental regulator. EPA, Central Regional Office Cape Coast; and EPA, Ashanti Regional Office Kumasi. Table 6.11 summarizes the consultations held with the Regional Offices in Central and Ashanti Regions, while Tables 9.12 and 9.13 present the issues discussed and the main responses obtained from the consultations. The names of persons involved, contact details, their designations and pictures are presented in Annex 7. Table 6.11 Summary of Consultations with EPA Name of Regional Office Name/Position of Officer Consulted 1. EPA, Central Region Mr. Don Boateng Addae - Senior Programme Officer 2. EPA, Ashanti Region Mr Prempeh Adakwa- Yiadom - Senior Programme Officer Main Consultation Issues 1. Correspondence with the Assembly in observing E&S safeguards on subprojects 2. Contribution to the works of EMCs of the assembly Table 6.12 EPA Ashanti Region, Kumasi Date: 19/01/2011 Consultation Issues Responses 1 Do you conduct E&S compliance monitoring of Assemblies MTDPs/Projects implementations? No, except for donor funded projects where there are strict provisions for that, eg CBRDP, SIF, etc 2 Has the EPA ever carried out Public Hearing or Grievance Redress for any of the Assembly s projects? 2a If no, are you in a position to conduct them? (Any capacity gaps?) 3 What are your contributions/inputs to the works of Environmental Management Committees in the assemblies? 4 Do you have the capacity to review RAPs from the Assemblies in the implementation of the LGCSP? 5 What key roles can the Regional EPA play with regards to Resettlement, Compensation and Grievance Redress issues? 6 What cost estimates can be allocated for a Public Hearing involving LGCSP scale of work? Yes N/A EPA currently serves on the Statutory Committees of the Assemblies by making inputs into the development of their MTDPs Yes, similar things are done for mining projects Educating the Assemblies on the compliance with the provisions of the Environmental Assessment Regulations of Ghana Between GH 5, February 2011

56 Table 6.13 EPA Central Region, Cape Coast Date: 19/01/ 2011 Consultation Issues 1 Do you conduct ES compliance monitoring of We review TOR and EIS for projects related to CBRDP and Assemblies MTDPs/Projects implementations? UESP but the Assembly-funded projects are often not brought to our notice 2 Has the EPA ever carried out Public Hearing or Grievance Redress for any of the Assembly s No projects? 2a If no, are you in a position to conduct them? (Any capacity gaps?) 3 What are your contributions/inputs to the works of Environmental Management Committees in the assemblies? 4 Do you have the capacity to review RAPs from the Assemblies in the implementation of the LGCSP? 5 What key roles can the Regional EPA play with regards to Resettlement, Compensation and Grievance Redress issues? 6 What cost estimates can be allocated for a Public Hearing involving LGCSP scale of work? 6.3 RPF and ESMF Disclosure We will conduct Public Forum if the TOR and EIS we review for the projects we are notified of demands it We advise on how to mange environmental issues that may arise from implementation of projects (donor funded ones) Yes - Organisation of public forum - Conduct post project implementation monitoring of compliance Difficult to tell at this stage The RPF and the ESMF disclosure workshop was held on January 31, 2011 at the Conference Room of MLGRD. There were 16 participants comprising mainly the leadership of 12 MMAs. The disclosure workshop report is attached as Annex February 2011

57 References Williams L K, Langley R L (2001), Environmental Health Secrets, Hanaley & Belfus, Inc. Philadephia Republic of Ghana (2003): Labour Act, 2003 (Act 651) Republic of Ghana (1994): Environmental Protection Agency Act, 1994 (Act 490) Republic of Ghana (1999): Environmental Assessment Regulations 1999 (LI 1652) Republic of Ghana (2002): Environmental Assessment (Amendment) Regulations, 2002 (LI 1703) Uprety, B K (2003) Environmental Impact Assessment: Process and Practice. Mrs Uttara Uprety, Koteshwor, Kathmanda Handbook for Preparing a Resettlement Action Plan, International Finance Corporation Ghana: LGCSP Preparation Mission, Aide Memoire, December 6-17, 2010 State Land Act February 2011

58 APPENDICES List of Annexes Annex 1 Annex 2 Annex 2A Annex 2B Annex 2C Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8 World Bank Resettlement Policy Framework (Excerpt from World Bank Operational Policy 4.12, Involuntary Resettlement) Annotated Outline for Preparing a Resettlement Action Plan (RAP) RAP Implementation Schedule and Costs Public Consultation and Disclosure Plan (RAP Monitoring and Evaluation of Impacts (RAP) Sample Grievance and Resolution Form Sample Table of Contents for Consultation Reports Glossary of Terms Relevant Laws Consultations Disclosure Workshop Report 50 February 2011

59 ANNEX 1: World Bank Resettlement Policy Framework (RPF) [Excerpt from the World Bank OP4.12 Involuntary Resettlement, Revised April 2004] These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP 6.00, Bank Financing - that is, those in countries with approved country financing parameters. Other operational policy statements governing Bank financing that have been amended to reflect OP/BP 6.00 also apply to these projects. Projects in countries without approved country financing parameters continue to be subject to other operational policy statements governing Bank financing. Resettlement Policy Framework For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy. The framework also estimates, to the extent feasible, the total population to be displaced, and the overall resettlement costs. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy. In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential sub-borrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing. For other Bank-assisted project with multiple subprojects that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal. For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. For each subproject included in a project described in paragraphs 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. For projects, the Bank may agree, in writing, that sub-project resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity s approval of resettlement plans found not to comply with Bank policy, is provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank. 51 February 2011

60 ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP) This template is extracted from OP 4.12 Annex A. The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context. A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following: Description of the sub-project: General description of the sub-project and identification of sub-project area or areas. Potential Impacts: Identification of the: (i) the sub-project components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation. Objectives: The main objectives of the resettlement program as they apply to the sub-projects. Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering: (i) (ii) (iii) (iv) (v) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic; Information on vulnerable groups or persons, for whom special provisions may have to be made; and Provisions to update information on the displaced people s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions. There may be other studies that the RAP can draw upon, such as those describing the following: (i) (ii) (iii) (iv) Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area; Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project; Public infrastructure and social services that will be affected; and Social and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, 52 February 2011

61 community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. Legal Framework: The analysis of the legal and institutional framework should cover the following: (i) Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc; (ii) Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the sub-project; (iii) Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc related to displacement and resettlement, and environmental laws and social welfare legislation; (iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; (v) Gaps, if any, between local laws covering resettlement and the Bank s resettlement policy, and the mechanisms for addressing such gaps; and (vi) Legal steps necessary to ensure the effective implementation of RAP activities in the sub-projects, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc and which are specific to the sub-projects. The institutional framework governing RAP implementation generally covers: (i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation; (ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and (iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes. Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates). Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of OP Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information. Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following: (i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites; 53 February 2011

62 (iii) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and (iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled. Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described. Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). Community Participation: Consistent with the World Bank s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include: (i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities; (ii) Summary of the consultations and how PAPs views were taken into account in preparing the resettlement plan; and (iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented. The consultations should cover measures to mitigate the impact of resettlement on any host communities, including: (i) Consultations with host communities and local governments; (ii) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to PAPs; (iii) Conflict resolution involving PAPs and host communities; and (iv) Additional services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs. Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms. RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc). 54 February 2011

63 Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project. Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement. Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation. 55 February 2011

64 ANNEX 2A RAPs IMPLEMENTATION SCHEDULE AND COSTS Since the specific sites and sub-projects are not yet determined, this RPF refers only to an estimated number of PAPs. Because costs of resettlement and compensation are based on technical designs and results of scoping, it is not possible to produce a detailed budget for RAP implementation. Once a budget is finalized, it will be subject to approval by the World Bank. An indicative RAP budget outline can be found in Table below. Indicative Outline of a RAP Budget Asset Acquisition Land Structure Crops and economic tress Community infrastructure Land Acquisition and Preparation Land Structures Crops areas and others Community infrastructure Relocations Transfer of possessions Installation costs Economic Rehabilitation Training Capital investments Technical assistance Monitoring Contingency Amount or Number Total Estimated Cost Agency Responsible No Item Costs Assumptions 1 Compensation for loss of land 2 Compensation for loss of crops 3 Compensation for loss of access to pastoralists 4 Compensation for loss of access to fishing resources. 5 Compensation for buildings and structures /hectare /hectare of farm lost If applicable If applicable If applicable For land acquisition purposes, based on Ghanaian average market cost, or from similar projects Includes costs of labor invested and average of highest price of staple food crops and Ghanaian market prices Those affected would be provided with shared access, or alternate routes ( decision agreed through consultation and participation of all) Data provided from the revised socio-economic study will determine market values of catch, fish products etc. This compensation may be in-kind or cash. Costs for basic housing needs should include ventilated pit latrines, outside kitchen, and 56 February 2011

65 storage. 6 Compensation for trees Includes costs of labor invested /year/tree and average of highest price of trees (and tree products) and Ghanaian market prices 7 Cost of relocation assistance/expenses This cost reflects the moving and /household transportation allowance 8 Cost of restoration of individual income Assumed to be higher than the GDP/capita in Ghana 9 Cost of restoration of household income These costs reflect the livelihood 10 Cost of training farmers, pastoralists and other PAPs restoration program of the RAP This is a mitigation measure involving capacity building and involves PAPs and affected communities 57 February 2011

66 ANNEX 2B PUBLIC CONSULTATION AND DISCLOSURE PLAN FOR RAPs Public consultations in relation to the RAP should occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach must be adopted as an on-going strategy throughout the entire project cycle. Public participation and consultations should take place through individual, group, or community meetings. Additionally, radio programs and other media forms may be used to further disseminate information. PAPs must be consulted in the survey process which should include: Public notices where explanations of the sub-project are made; RAP implementation of activities; and During the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders should take into consideration the following: Literacy levels prevalent in affected communities; Ethnicity and cultural aspects; and Practical conditions (like distance). The role of traditional political and cultural leaders, including the community elders, in the participation strategy will be important. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. Data Collecting Phase Consultations during preparation, in particular, the collection of background information and the social survey or social assessment, are critical for successful data collection. The levels of consultation should vary from households to community groups, based on the particular context of the sub-project(s). The RAP team will design the questionnaires but it will be the households, organizations, and institutions that will validate their effectiveness through feedback. Focus group meetings with women, farmers associations, individuals who own farms, fishing boats, etc, as well as primary and/or secondary schools, health centres, and agricultural cooperative unions are usually good sources for establishing the community baseline situation. Implementation Phase During implementation, PAPs should be informed about their rights and options. The grievance mechanism should continue to operate and all grievances should be recorded. The participation of local leaders and PAPs in disseminating information and resolving disputes will be important once RAP implementation starts. A dynamic participatory approach should involve PAPs in decision making about livelihood and community development programs. Monitoring and Evaluation Phase PAPs representatives should participate in the sub-project workshops at mid-term and at the end of RAP implementation. Prior to closing the RAP, PAPs will participate in a feedback survey as part of the RAP s independent impact evaluation exercise. ANNEX 2C MONITORING AND EVALUATION OF IMPACTS The RAP team of the consultant will be expected to develop and implement a Monitoring and Evaluation Plan in the RAP (MEP). The main indicators that the MEP will measure include: 58 February 2011

67 Impacts on affected individuals, households, and communities to be maintained at their preproject standard of living or better; Improvement of communities affected by the project; and Management of disputes or conflicts. In order to measure these impacts, the RAP identifies the specific indicators to be monitored; define how they will be measured on a regular basis; and identify key monitoring milestones (e.g. at mid-point of the RAP implementation process). The MMA will establish a reporting system for the sub-project RAP that will: Provide timely information to the project about all resettlement and compensation issues arising as a result of RAP related activities; Identify any grievances, especially those that have not yet been resolved at the local level and which may require resolution at the higher levels Document completion of project resettlement and compensation that are still pending, including for all permanent and temporary losses; Evaluate whether all PAPs have been compensated in accordance with the requirements of this RPF and that PAPs have better living conditions and livelihoods; and Identify mitigation measures, as necessity, when there are significant changes in the indicators that may require strategic interventions (e.g. vulnerable groups are not receiving sufficient support from the sub-project). Several indicators should be used to measure these impacts. These should include, among others, a comparison of income levels before-and-after; access to livelihoods and employment; changes in standards of housing and living conditions; and improvements in level of participation in sub-project activities. There are measures to verify these basic indicators, such as number of children in-school (compared to pre-rap levels); changes in health standards; and changes in access to markets or roads all of which may reflect overall improvements in standards of living. The following methods should be used for measuring impacts: Questionnaires with data stored in a database for comparative analysis (before-after and withwithout); Documentation and recording of PAPs situation, including subsequent uses of assets/improvements; Relocation/resettlement and Compensation Reports, including status of land impacts; percentage of individuals selecting cash or a combination of cash and in-kind compensation; proposed use of payments; Number of grievances and time and quality of resolution; and Ability of individuals and families to re-establish their pre-resettlement activities, in terms of improvements in land and crop production, and/or presence of other alternative incomes. The RAP team at MMA level should maintain, together with local officials, basic information on all physical or economic displacement arising from the sub-project. This should include an update, for example on a quarterly basis, of the following: Number of sub-projects requiring preparation of a RAP; Number of households and individuals physically or economically displaced by each subproject; Length of time from sub-project identification to payment of compensation to PAPs; Timing of compensation in relation to commencement of physical works; Amount of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); Number of people raising grievances in relation to each sub-project; Number of unresolved grievances. The MMA team (MMPCU)will review these statistics to determine whether the RAP implementation arrangements, as defined in this RPF, are effective in addressing RAP related issues. Financial records 59 February 2011

68 will be maintained by the sub-projects and the PIU, to determine the final cost of RAP implementation. The following indicators (in Table below) can be used to monitor implementation of the RAP. Indicators of RAP Impacts Monitoring (of Issues) Number of compensation (and valuation) not completed Number of sub-projects unable to settle compensation after two years Number of grievances filed Number of livelihood restoration programs completed Pre project production versus present production levels ( crops for crops, land for land) Evaluation (of Impacts) Changes (+/-) in PAPs conditions during transition process Changes (+/-) in PAPs income and livelihood conditions Quality of grievances or disputes resolved (qualitative) Changes (+/-) in affected households income levels Equal or improved production per affected household/homestead Socio-Economic Assessment The purpose of socio-economic assessment, which is part of the evaluation process, is to ensure that PAPs livelihood and well being have improved, and have not worsened as a result of the sub-project. An assessment should be undertaken on payment of compensation, restoration of income and livelihoods, and provision of sufficient community development activities. Monitoring of living standards will continue after resettlement. Additionally a reasonable period (usually two years) must be established for monitoring post-resettlement impacts. A number of indicators should be used for measuring status of affected people. Most socio-economic assessments use surveys, focus group meetings, and participatory appraisal tools for measuring impacts. A separate assessment must be made for each sub-project. Additionally, since a baseline household survey was completed during RAP preparation, the end-rap assessment can measure changes from this baseline. 60 February 2011

69 ANNEX 3: Sample Grievance and Resolution Form Name (Filer of Complaint): ID Number: (PAPs ID number) Contact Information : (Village ; mobile phone) Nature of Grievance or Complaint: Date Individuals Contacted Summary of Discussion Signature Date: Signed (Filer of Complaint): Name of Person Filing Complaint : ( if different from Filer) Position or Relationship to Filer: Review/Resolution Date of Conciliation Session: Was Filer Present? : Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: Summary of Conciliation Session Discussion: Issues Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: Signed (Conciliator): Signed (Filer): Signed: Independent Observer Date: 61 February 2011

70 ANNEX 5: Glossary of Terms Census Compensation Cut off Date Grievance Mechanism Implementation Schedule Land Land Acquisition Project Affected Persons (PAPs) or Displaced Persons (DPs) A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions. The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets, is called compensation. These include other impacts resulting from activities to rehabilitate or cushion the impacts from displacement. The cut-off date is the date of commencement of the census of PAPs or DPs within the EASP program area boundaries. This is the date on and beyond which any person whose land is occupied for EASP program, will not be eligible for compensation. The RPF contains a grievance mechanism based on policies and procedures that are designed to ensure that the complaints or disputes about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, etc. are being addressed. This mechanism includes a procedure for filing of complaints and a process for dispute resolution within an acceptable time period. The RPF contains an implementation schedule that outlines the time frame for planning, implementation, and monitoring and evaluation of the RAPs for sub-projects, if applicable. Land refers to all types of agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be acquired by the project. Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project. Project affected persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other assets loss as a result of EASP activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location ; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Project Impacts Impacts on the people living and working in the affected areas of the project, including the surrounding and host communities are assessed as part of the overall evaluation of the project. Project Implementing Unit (PIU) Rehabilitation Assistance Replacement Some projects make use of project implementing units (PIUs), which are generally separate units within the project recipient s agency. The PIU is often composed of full time staff devoted to implementing the project, and have been encouraged to have separate teams with environment and social specialists who can carry out the activities, for example, as outlined in the RPF or RAP. Rehabilitation assistance is the provision of development assistance in addition to compensation such as livelihood support, credit facilities, training, or job opportunities, needed to assist PAPs or DPs restore their livelihoods. Replacement cost refers to the amount sufficient to cover full recovery of lost 62 February 2011

71 Cost Resettlement Action Plan (RAP) Resettlement Assistance Resettlement Policy Framework (RPF) Rights and Entitlements Witness NGO or Independent Monitor assets and related transaction costs. The cost should be based on Market rate (commercial rate) according to Ghanaian laws for sale of land or property. It is normally calculated based on a willing buyer-willing seller basis, but also applies in Ghana to acceptable market valuation or from an assessment from the Land Commission and government valuer. The RAP is a resettlement instrument (document) to be prepared when sub-project locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the implementing agency and contain specific and legal binding requirements to resettle and compensate the affected people before project implementation. Resettlement assistance refers to activities that are usually provided during, and immediately after, relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households. The RPF is an instrument to be used throughout the project s implementation. The RPF sets out the objectives and principles, organizational arrangements, and funding mechanisms for any resettlement, that may be necessary during implementation. The RPF guides the preparation of Resettlement Action Plans (RAPs), as needed, for sub-projects. Rights and entitlements are defined for PAPs and DPs (with the cut-off date) and cover those losing businesses, jobs, and income. These include options for land-for-land or cash compensation. Options regarding community and individual resettlement, and provisions and entitlements to be provided for each affected community or household will be determined and explained, usually in an entitlement matrix. Some RPFs refer to a witness NGO or an independent monitor that can be contracted to observe the compensation process and provide an independent assessment of the quality of the process. These are usually NGOs or other agencies that are not directly involved in the project and have a reputation for independence and integrity. ANNEX 6: Relevant Laws Property Rights and Land Rights Every person has the right to own property either alone or in association with others. Customary ownership occurs where the right to use or to dispose of use-rights over land rest governed purely by customary laws of the land owning community. Customary laws in Ghana vary from one community to another and the Ghanaian society is made up of various ethnic communities with their varying social structure, customary practices and norms. These customary laws and norms rest neither on the exercise of brute force, nor on the evidence of rights guaranteed by government statute, but on the fact that they are recognized as legitimate by the community, the rules governing the acquisition and transmission of these rights being usually explicitly and generally known, though not normally recorded in writing (Bower, 1993). Such ownership may occur in any one or a combination of the following ways: 1. Discovery and long uninterrupted settlement 2. Conquest through war and subsequent settlement 3. Gift from another land owning group or traditional overlord 4. Purchase from another land owning group. Law / Regulation Constitution, Article 18 Extended version of Customary Ownership of Land. Within the customary owned land system various schemes of interest with varying quantum of rights exist. The Allodial title is the highest quantum of land right capable of ownership and it forms the basis of all land rights in Ghana. The Allodial title in land is equivalent to the common law freehold rights. These rights are vested in a stool, a clan, a family, an earth priest or a private individual person. 63 February 2011

72 Other lesser interest that such as usufructuary interest, tenancies, licenses, and pledges emanates from the Allodial title. In Ghana, customary lands are managed by a custodian (a chief or a head of family) together with a council of principal elders appointed in accordance with the customary law of the land owning community. The custodian and the elders are necessarily members of the land owning community and are expected by customary law to hold the land in fiduciary capacity in trust for the members of the land owning community. They are thus accountable to the members of the land owning community for their stewardship. Membership is obtained by birth. All grants of land rights by the custodian require the concurrence of at least two of the principal elders for the grant to be valid. Customary ownership presents considerable land acquisition problems in Ghana. The boundaries of most customary owned lands are not generally surveyed and in some cases undefined. It is also plagued with land ownership squabbles and trying to identify the true owner of any piece of land can be risky. There is improper record keeping of judgments, dispositions and other records relating to the land by the custodians. In many instances, there is the need to distinguish between jurisdictional rights of custodians and propriety rights in land. Ghanaian law recognizes the main following four interests in land: Allodial interest is the highest interest recognized by customary law. It is equivalent to freehold. Allodial titles are normally vested in stools or skins, and also in families or individuals, depending on areas and ethnic groups. Customary law freehold is a perpetuity interest vested in members of the community that holds the allodial title. Customary law freehold implies that the holder can occupy the land and derive economic use of it. Common law freehold is an interest that results from sale or gift to a nonmember of the community that holds the allodial title by the custodian of this title. Leasehold is a right to occupy and develop the land granted for a certain period (up to 99 years for Ghanaian citizens and 50 for non-ghanaian), usually against the payment of a rent. Allodial Title. In the Ghanaian context, this is the highest interest capable of being held in land. The Allodial title is customarily communally owned and is generally held or vested in stools or skins. In some traditional areas, it is held by clans, families, or individuals. Being generally in the form of communal interest in land it accrues to the entire community and is administered by the recognized traditional authority. The owner of the allodial title has complete and absolute freedom to use and dispose of the land only subject to the restrictions, or limitations or obligations as may be imposed by the general laws of the country. None Cited None Cited The mode of acquisition of the allodial title is by: discovery by hunters or pioneers of the stool etc of unoccupied land and subsequent settlement thereof and use by the subject; conquest, purchase or gift. Customary Freehold. The customary freehold is an interest or title which a member of the larger community which holds the allodial title acquires in the communal land. It is an interest which is held as of right by virtue of being a member of the community. It is of indefinite duration and thus potentially subsists forever. None Cited The member who holds such interest has the right of beneficial occupation; unfettered use (also subject to the laws of the country). Upon death, the interest devolves on his/hers successors in title and infinitum. This interest prevails against the whole world including the allodial title from which it was derived. The customary freehold may however be terminated by the occurrence of any of these occasions; failure of successors, compulsory acquisition by the state; sale or gift by owner, abandonment or forfeiture in rare circumstances where for example the holders denies the absolute title of the allodial owner. Customary Tenancies. These are lesser interests in land and are created by the holder of the allodial title or customary freehold (or common law freehold). These types of tenancies are in nature share cropping arrangements. They are quite common in Ghana and occur when a tenantfarmer gives a specified portion of the farm produce to the land owner at each harvest time in consideration for use of the land. The two popular tenancy arrangements are the Abusa and Abunu schemes. None Cited 64 February 2011

73 Other forms of customary tenancies in which the consideration from the tenant is not sharing of crops but cash or a combination of crops and money exist. The customary license is in this category. The Common Law Freehold. This is an interest held for an indefinite period. It is derived from the rules of common law. The holder of this interest has the right of beneficial occupation and may subject to the laws of the land use in any manner. None Cited This type of freehold is created only by express grant. The grantor may thus impose terms on the grantee provided such terms are reasonable and not contrary to public policy or unconscionable. Currently, the laws of the land forbid non- Ghanaians from acquiring freehold in lands in Ghana The Leasehold. This type of interest is also a creation of the common law and not Ghanaian customary law. It is an interest in land for a specified period. The leasehold may be granted by the allodial holder in respect of lands in which no conflicting interest exists; or by a customary freeholder; or common law freeholder. None Cited In Ghana, leasehold may be for a maximum duration of 99 years. (Again non-ghanaians can only acquire leases up to 50 years). Various terms and conditions may be imposed by the grantor including the payment of rent as consideration for the grant. Land owned customarily is governed by customary laws prescribed by the local community and therefore varies greatly from place to place. None Cited Allodial titles are vested in stool lands and it is the highest right to ownership of land. Family land is vested in the head of the family and is not under government control as Stool lands are under the Administrator of Stool Lands. State lands have been compulsorily acquired by government for public purposes or in the public interest and administered by the Lands Commission. Vested land is customarily owned but vested in the government which manages it on behalf of the owner (e.g. stool). State land. State land is land that the State has compulsorily acquired for public purposes or in the public interest. It is administered by the Lands Commission. State lands are those specifically acquired by government under an appropriate enactment using the state powers of eminent domain. Currently the principal acquiring legislation is the State Lands Act of 1962, Act (122) for public purposes or in the public interest. Under such ownership the allodial rights become vested in government who can then proceed to dispose of the lands by way of leases, certificate of allocations, licenses etc to relevant beneficiary state institutions as well as private individuals and organizations. The boundaries of these lands are cadastrally surveyed but are scattered throughout the country. Vested land. Vested land is still owned by a customary landowner, typically a stool, but has been vested" in the Government which manages it on behalf of the customary owner. This should mean that the customary owners still retain the land economic benefits, whereas the Government, through the Lands Commission, manages the land (i.e. has a right to sell or lease it for instance). The third category of land in Ghana is the generally referred to as vested lands and they are lands owned by a stool but managed by the state on behalf of the land owning stool. Under such ownership the legal rights to sell, lease, manage, collect rent, is taken away from the customary landowners by the application of specific law to that land and vested in the state. The landowners retain the equitable interest in the land i.e. the right to enjoy the benefits from the land. This category of land is managed in the same way as state lands. Unlike state lands however, the boundaries are not cadastral surveyed and they are usually larger in size, covering wide areas. In Ghana there is no land without an owner, it is presumed that any parcel of land in Ghana would None Cited None Cited State Lands Act of 1962 None Cited None Cited None Cited 65 February 2011

74 fall within one of the above-discussed categories and since state and vested lands are acquired expressly through legislation, all other lands outside these categories belong to the class of customary lands - stools, clans or families. Stool land. Stool land is land the allodial title of which is vested in a stool. Although under customary law, stool land has a customary custodian (the chief of the stool); the 1992 Constitution has created the Office of the Administrator of Stool Land, which is in charge of collecting fees and royalties, which amount to land taxes. Act 123 of 1962 was enacted to facilitate the management and administration of stool lands (and other lands). The Act empowers the Minister responsible for lands to manage stool lands in accordance with the provision of the law. Family land. Family land is vested in the head of the family. These lands are not placed under the control of the Government, as stool lands are, and are less regulated. Ghana Land Policy provides guidelines and policy actions for land use (e.g., agriculture, forestry, extractive industry, settlement, and infrastructure). These guidelines are aimed at enhancing conservation and environmental quality, thus preserving options for present and future generations. The main objective of Ghana Land Policy is to provide guidelines aimed at enhancing land management systems, land use, conservation of land resource and enhancing environmental quality. All these are intended to ensure coordinated and orderly use of land, a vital resource, by present and future generations. None Cited Act 123, Administration of Lands Act 1962 None Cited Ghana Land Policy 1999 Ghana Land Policy 1999 Ultimately the policy seeks to give protection to proprietary rights and promote the concept of prompt payment of adequate and fair compensation for compulsorily acquired lands and also create the enabling environment for community participation in sustained land management. The Forestry Commission Act confirms the constitutional position of the Forestry Commission and reaffirms it as sole implementing agency of government policy in the forestry sector. Inhabited and cultivated land is generally exploited by individuals. Clearing bush requires heavy labor and usually occurs from September to the start of the April -June season. Customary rights recognize the labor that an individual invests in clearing and maintaining land. Individual fanners have control over the land they clear as long as they keep it in cultivation. Among all ethnic groups, immediate blood kin also have residual rights to any land a recently deceased person was cultivating. If there are no close classified relatives, or once the individual ceases to use this land, it begins to revert back to the community. For this reason, individuals may not relinquish land they are using to an outsider without the general agreement of the village. Exploited bush is considered community land. Even if a village moves, it still retains residual rights to its exploited land. Others can use it but generally check first with the village. When a village falls apart or ceases to exist, its land reverts to the district wide pool. Bush that is not regularly exploited may be used by anyone. However, bush may contain trees that have been protected by individual farmers who once farmed this land. These farmers would have first claim to the fruits of these trees, even though the land has reverted to bush. Conservation sites are considered communal or open access land where exploitation of the natural resources is free to all members of the village community. Each village claims primary, though not exclusive, rights to its perceived village territories usually identified using natural features (trees, rivers or streams). These boundaries, it is believed, are determined by village founders and elders and knowledge of them is passed from generation to generation. Community members normally live, farm, gather and hunt within their perceived territories. People from other communities are free to hunt in perceived territories of other villages if they are passing through or pursuing an animal, but would ask permission to make more than a casual hunting or gathering expedition. Within each perceived village territory, an individual looking for land to cultivate, after ensuring that no one else has a prior claim to the plot, approaches the village chief and/or village council for permission to cultivate it. Once an individual has obtained permission to clear the land for cultivation, a claim is established. People moving into tribal areas not owned by them and wanting Forestry Commission Act None Cited None Cited None Cited None Cited 66 February 2011

75 land to farm may either rent or buy. Land over which there are no individual claims is communal, implying that all community members have equal rights to it and its resources. The Lands Commission is to manage, on behalf of the Government, public lands and any land vested in the President by the 1992 constitution or by another law or any land vested with the Commission. The Lands Commission is to advise the Government, local Authorities and Traditional Authorities on the framework for the development of a particular area of Ghana to ensure that the development of individual piece of land is coordinated with the relevant development plan for the area in concern The Lands Commission must formulate and submit to Government on national policy with respect to land use and capability The Lands Commission must advise on and assist in the execution of a comprehensive program for the registration of title to land throughout Ghana. The Town and Country Planning in the districts would scrutinize and approve, or otherwise, the building plans and would provide a Zoning Report. The Building Plans and the Zoning Report are to be attached to the filled EAI Form and submitted to EPA for each project component. Land Commission Land Commission Land Commission Land Commission Town and Country Planning 67 February 2011

76 ANNEX 7: Consultations Kumasi Metropolitan Assembly (KMA) Date: 19/01/2011 Name of Respondent(s) Designation Contacts 1 Mr Paa Kwesi Simon Metropolitan Development Planning Officer Madam Yvonne Naboo Assistant Dev. Planning Officer Consultations with the Kumasi Metropolitan Assembly, KMA, Kumasi Ashaiman Municipal Assembly (AMA) Date: 18/01/2011 Name of Respondent(s) Designation Contacts 1 Mr S.S. Agbeve Municipal Development Planning Officer Consultations with the Ashaiman Municipal Assembly, Ashaiman 68 February 2011

77 Asante Akim North Municipal Assembly, Konongo Date: 19/01/2011 Name of Respondent(s) Designation Contacts 1 Mr. M.D.A. Avah Municipal Coordinating Director Mr. John Boadooh Chief Development Planning Officer Mr. Rutherford Osei Deputy Development Planning Officer / Consultations with the Asante Akim North Municipal Assembly, Konongo Kwahu West Municipal Assembly, Nkawkaw Date: 19/01/2011 Name of Respondent(s) Designation Contacts 1 Hon. Alex Obeng-Somuah Municipal Chief Executive Mr. Kodjoe Dekpo Municipal Coordinating Director Mr. Morrison Agbemafle Municipal Development Planning Officer Mr Frederick Antwi Deputy Municipal Dev Planning Officer Consultations with the Kwahu West Municipal Assembly, Nkawkaw 69 February 2011

78 Sekondi Takoradi Metropolitan Assembly Date: 19 th January, 2011 Name of Respondent(s) Designation Contacts 1 Hon. Kobina Pra Annan Chief Executive Abdulai Zakari Coordinating Director Henry Owusu Development Planning Officer Consultation with the Sekondi Takoradi Metropolitan Assembly Cape Coast Metropolitan Assembly Date: 19 th January, 2011 Name of Respondent(s) Designation Contacts 1 Hon. Anthony Egyir Aikins Chief Executive P.K Dery Coordinating Director Nii Amarh Ashitey Deputy Director 4 Emmanuel Baisie Assistant Director I 5 Felix Ackah Quantity Surveyor 6 Francis Kwame Odei Chief Budget Analyst 7 Nana Poku Environmental Health Officer 8 Justice Amoah Planning Officer Consultation with Cape Coast Metropolitan Assembly 70 February 2011

79 Komenda Edina Eguafo Abirem Municipal Assembly Date: 19 th January, 2010 Name of Respondent(s) Designation Contacts 1 Hon. Dason Atta-Ullah Coordinating Director Beatrice Ankrah Dept. Coordinating Director Consultations with Komenda Edina Eguafo Abirem Municipal Assembly Accra Metropolitan Assembly (AMA), Accra Date: 17/01/2011 Respondent Designation Contact Mr. Timothy Teye Oman Metropolitan Development Planning Officer Keta Municipal Assembly, Keta Date: 18/01/2011 Name of Respondents Designation Contacts 1. Mr. M.P. Dagbui Municipal Development Planning Officer 2. Edith Tay Community Development Officer Gershon Tudoagbor Assistant MDPO EPA Ashanti Region Date: 19/01/2011 Name of Respondent(s) Designation Contacts 1 Mr Prempeh Adakwa-Yiadon Senior Programme Officer Mr Kwesi Eyiah-Mensah Programme Officer Mr Hamidu Abdullai Assistant Programme Officer February 2011

80 Consultations with the Environmental Protection Agency (EPA), Ashanti Region, Kumasi EPA (Cape Coast) Date: Date: 19 th January, 2011 Name of Respondent(s) Designation Contacts 1 Don Boateng Addae Senior Programme Officer Peter Ackon Program Officer Consultation with Cape Coast EPA ANNEX 8: DISCLOSURE WORKSHOP - REPORT Report of Disclosure Workshop for the ESMF and RPF of the LGCSP with MMAs at the Ministry of Local Government & Rural Development Accra, 31 st January INTRODUCTION The Government of Ghana is preparing a project titled: Local Government Capacity Support Project (LGCSP) to be funded by IDA (the World Bank). This project will benefit 46 Municipal and Metropolitan Assemblies (MMAs) in the country. An assessment of the project activities under Component 2 indicates that there could be minor environmental and social impacts. Consequently, the Government of Ghana, through the Ministry of Local Government and Rural Development has prepared appropriate safeguards instruments. These documents are: (1) Environmental And Social Management Framework (ESMF) (2) Resettlement Policy Framework (RPF) The Bank s policy on disclosure requires that all the people residing in the given areas of a project have the right to be informed of the proposed development project. Prior to project appraisal therefore, the summary of the study of the development action along with other relevant information should be disclosed in the info-shop and in the project area as well as nationally. In compliance with these procedures a disclosure workshop was held in Accra with the relevant stakeholders to discuss the issues raised in the documents. This report presents the discussions on the issues raised on the RPF and ESMF. 72 February 2011

81 2.0 PRESNTATIONS The Consultants for the RPF and ESMF made presentations on the following: (1) National and World Bank Environmental Assessment Procedural Context for RPF and ESMF; (2) Policy, Legal and Administrative Framework; (3) Other relevant policies, legislative, regulative and administrative regimes; (4) Description of the LGCSP; (5) Description of Prospective Projects under Component 2; (6) Potential Environmental and Social Impacts; (7) Environmental and Social Management Plan (ESMP); (8) ESMP Implementation Arrangement; and (9) Capacity Strengthening for RPF and ESMF Implementation. 2.1 National and World Bank Procedural Context The context within which ESMF and RPF are required in accordance with the policies and procedures of the World Bank and Ghana s Environmental Assessment were discussed. That was to ensure understanding of the various terminologies used and their relationships. The main issues discussed were: Basis for ESMF and relationship with SEA (as used in the Ghanaian context); Distinction between ESMF and RPF, and ESIA and RAP; Relationship between ESIA and EIA, Preliminary EA (as commonly used in the local context); Relationship between RAP and EIA + Public Hearing (as commonly used in the local context). 2.2 Policy, Legal and Administrative Framework The relevant policies, legal and administrative frameworks discussed included: Ghana s Environmental Policy; Resettlement and Compensation Policy The Environmental Protection Agency Act of 1994 (Act 490); The Environmental Assessment Regulations (LI 1652), and EIA procedures; Local Government Act, 1993 (Act 462); and The World Bank s policies and guidance on Environmental Assessment (OP 4.01), and also the Involuntary Resettlement (OP/BP Other relevant policies, legislative and administrative regimes included: The Factories, Offices and Shops Act of 1970 (Act 328); Occupational Safety and Health Policy National Workplace HIV/AIDS Policy; Labour Act, 2003 (Act 651); Ghana Shared Growth and Development Agenda ( ); Ghana Poverty Reduction Strategy (GPRS I & II); World Bank Safeguards Policies Ghana Environmental Sanitation Policy; Relevant International Conventions and Protocols; and Institutional Framework Description of the LGCSP The LGCSP is to build the capacity of local governments to deliver services by (i) enhancing the intergovernmental fiscal framework, (ii) improving municipal management capabilities, and (iii) strengthening local accountability. The project has four main components. Component 1 will be 73 February 2011

82 implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD. 0. Component 1: Technical assistance and capacity building to MOFEP. 1. Component 2: A performance based urban grant to Metropolitan and Municipal Assemblies (MMAs). 2. Component 3: Stimulating citizen demand for accountability of local governments. 3. Component 4: Project management and evaluation. Description of Prospective Projects under Component 2 Under Component 2, the grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc. 2.4 Potential Environmental and Social Impacts The proposed upgrading of infrastructure works will have minimal impact on the environment. An assessment of the negative impacts can be classified into construction phase and post-construction phase impacts. The constructional works would present minor negative environmental impacts. The construction phase includes the following operations: site clearing, excavation and grading, upgrading of access roads and drains, installation of utility services (electricity and water supply). Some of the potential minor environmental impacts are: Loss of ornamental and shady trees; Soil and land degradation; Visual intrusion; Air quality impacts; Vehicular traffic implications; Noise level increase and ground vibration; Construction waste generation Solid waste generation; Occupational, health and safety issues etc. Potential Social Impacts: Social impacts may emanate from the various infrastructure services delivery activities under the LGCSP within the MMAs. The following are some of the potential social negative impacts: Disruption of utility services; Displacement of families and businesses; Restriction of access to source of livelihood; Loss of buildings, structures, land, crops, etc; Delays in compensation payment and provision of alternative mean of livelihood; Social conflicts, etc. 2.5 Environmental and Social Management Plan (ESMP) Environmental and social control and mitigation measures, monitoring programs, and responsibilities developed based upon an assessment of environmental and social impacts and risks for the proposed project. ESMP Implementation Arrangement The Ministry of Local Government and Rural Development (MLGRD) will recruit an Environmental Officer (EO). The EO s main task is to analyze screening document, participation in EIA review, monitoring activities of mitigation measures implementation and act as the interlocutor of the LGCSP 74 February 2011

83 MLGRD and MMAs (Planning Officers and Environmental Health Officers). MLGRD is accountable in the development of environmental and social guidelines to be included in tender documents; training in environmental and social assessment, monitoring and evaluation. MLGRD will also disseminate the ESMF/EMP and any EIA. Capacity Strengthening for ESMF Implementation In order for MLGRD to effectively carry out the environmental and social management responsibilities for sub-project implementation, institutional strengthening will be required. Capacity building will encompass MLGRD staff and sub-project executing institutions such as the Regional Coordinating Councils, and MMAs. Proposed capacity building and training needs will include the following: - Environmental and Social Management Process; - Use of Screening form and Checklist; - Preparation of terms of reference for carrying out EA/RAP; - Design of appropriate mitigation measures; - Review and approval of EA reports; - Public consultations in the ESMF process; - Monitoring mitigation measures implementation; - Integrating ESMP into sub-projects implementation; - Surveying, identification of affected property and consultation with PAPs; - Preparation of RAP; - Review of RAP and Public Hearing and approval; - Use of entitlement Matrix; - Compensation payment arrangement; - Grievance Redress mechanisms; and - Follow on PAPs (post-compensation payment/resettlement). 3.0 QUESTIONS, COMMENTS AND RESPONSES Engagement of Environmental Officer by MMAs: What calibre of person or qualification will be required of the Environmental Officer? Who has the responsibility to engage the EO? Is it the responsibility of the MMAs or the Ministry of Local Government and Rural Development? o The EO required at the MMAs could be someone with a background in Environmental Science, Natural Resources Management, Environmental Management etc. Under the Local Government Act 462, the MMAs are to set up as many as 13 departments, which includes an Environmental or Natural Resources Management Departments. Hence the MMAs has the responsibility to engage EO to ensure the implementation of the ESMF through collaboration with the Municipal Development, Planning and Coordinating Unit of the MMA. Taking cognizance of the current embargo on employments in the Public Sector, the MMAs could utilize the services of National Service Persons with the relevant Environmental background and requisite training as stipulated under the ESMF. Capacity Inadequacies of the Municipal Development, Planning and Coordination Units: Concerns were raised about the low functionality and weak capacities of the MDPCUs to undertake the tasks and responsibilities required under the ESMF and the RPF. How can these be addressed? o Through the consultation exercise undertaken as part of the processes for preparing the ESMF and RPF for the LGCSP, it emerged from the discussions that the MDPCUs have capacity challenges. Accordingly, the ESMF and RPF have clearly identified the capacity building and training needs of the MMAs, which will significantly benefit the MDPCUs. A proposed 75 February 2011

84 implementation schedule for the capacity building and training of MMAs has been defined to group the MMAs into three categories and targeted for training within the first quarter of the LGCSP implementation year to enhance the capacities of the MDPCUs. Potential Conflict among Environmental Unit and other existing Departments: Creation of an Environmental Unit or Committee could be a source of conflict within the MMAs. How could this be addressed if it occurs? o The Environmental Unit or Committee needs to be established on a clear job description as pertains to the stipulations of the ESMF and avoidance of personal egos. More also the Environmental Committee or Unit could be constituted with members of the MDPCUs so that they can be seen as collaborators for the realization of the objectives of the MDPCUs rather than as competitors. Further, L.I is clear on the kind of departments to be set up of which the Environmental or Natural Resources Department is included. Compensation Payments: Availability of funds for compensation payment in connection with MMAs project have been a major problem to MMAs with consequent associated undue delay of projects Meanwhile, World Bank funded projects does not permit the use of project funds to pay compensation. How can this problem be addressed? o Many MMAs and other government project encounter such challenges. However, as long as the Bank s Policy doesn t change the Government needs to comply with this requirement and also adopt other strategies such as negotiations; justification of provision of infrastructure and alternative means of livelihood where the main resettlement impacts, economic or business related. Appreciation of the ESMF and RPF: The stakeholders expressed satisfaction of the steps being taken by the Ministry of Local Government and Rural Development/LGCSP with the support of the World Bank to comply with the Environmental and Social Safeguard Policies and of Involuntary Resettlement. Participating stakeholders expressed their preparedness to identify their relevant staffs and make them available to participate in the capacity building and training requirements under the project to comply with environmental and social requirements in order not to negate the positive impacts that will be realised by this project as a result of the World Bank Environmental and Social Safeguards Policies compliance. 4.0 CONCLUSION Generally, the stakeholders expressed a deep appreciation and support for the project and its objectives, with valuable suggestions provided for its improvement, but without any serious criticism of the project approach or the measures proposed for mitigation of social and environmental impacts. Workshop Participants 76 February 2011

85 Disclosure on Resettlement Policy Framework (RPF) & Environmental and Social Management Framework (ESMF), MLGRD - Accra, 31 st January 2011 Name Organization Position Contact 1. Simon Peter Asirifi East Akim MCE Alex Asamoah NJMA MCE Aslescon73@yahoo.com 3. Omar Amadu-Dabou Akuapim South MCD omaramadudabou@yahoo.com 4. Emmanuel Baisie CCMA (Cape ADI emmanuelbaisie@hotmail.co.uk Coast) 5. Rev.Veronica Essuman Nelson KEEA MCE Nelsonveronica73@yahoo.com 6. Alex Obeng Somuah Kwahu West MCE Isaac Kodobisah Ho Municipal MCE mankodoh@yahoo.com 8. Hon. Numo Adinortey Ashiaman MCE Adinort90@yahoo.com 9. Hon. Henry K. Hayford Mfantsiman MCE kwekuhayfron@rocketmail.com 10. Peter K.Wilson Effutu AD Kwesiehuron72@yahoo.com 11. Del Nyamador Keta MA Deln14@gmail.com 12. Dyson Jumpah EEMC Consultant Asante Wiafe East Akim Planning Officer 14. Mr. Cofie-Agama LGCSP/MLGRD Mrs Agnes Lamptey LGCSP/MLGRD obourbawiafe@yahoo.com 16. Yaw Amoyaw-Osei CEHRT Consulting Consultant wayoma59@hotmail.com 77 February 2011

86 Disclosure Workshop Photos LGCSP Coordinator & Section of Stakeholders A Section of Stakeholder MCEs Consultant Leading Discussions on the RPF Another Section of Stakeholder MCEs 78 February 2011