Summary: Resettlement Action Plan for the Thwake Multi- Purpose Dam-Kenya

Transcription

1 Summary: Resettlement Action Plan for the Thwake Multi- Purpose Dam-Kenya 1. Introduction and Background The proposed Thwake water supply and sanitation Dam is a project conceived and intended to be constructed by the Tanathi Water Service Board through the support of the government, Ministry of Water and Irrigation and African Development Bank (AfDB). The Dam area is spread across the greater lower eastern areas of Makueni, Kathonzweni, Mbooni East and lower Yatta and covers an area of 2,900 Hectares. It s envisioned to have a potential for water supply for domestic and industrial use, as well as hydropower and irrigation purposes. The Resettlement Action Plan (RAP) covers entire Dam area including the inundation area, buffer zones and areas that will be directly affected by the Dam construction. The total Dam area is 2,900 Hectares. During the ESIA survey, the community engaged in comprehensive discussions on the impacts that would arise from the Dam construction. The community preferred full compensation for all the losses incurred including loss of land, loss of livelihood and relocation disturbance to the relocation new areas. The communities ideally expects positive impacts like improved access to water supply, employment and business opportunities, better infrastructure (roads & power), social amenities, better environment and access to part of the revenue generated from the Dam. The land on which the Dam will be constructed (70%) traverses homesteads, smallholders crop cultivation land and grazing land. Subsequently, the main effects of the Dam construction will be land uptake and loss of livelihood. The affected community expects to be compensated and resettled in a manner that restores their livelihoods or improves them from the earlier state. This RAP summary provides the project description; potential impacts, project objectives; legal framework; legislation on land expropriation and compensation; eligibility criteria and entitlement; the institutions for RAP implementation; implementation schedule; grievance redress mechanism; public consultations and community participation; persons affected by the project; socio-economic profile of affected households; fully and partially affected households; vulnerable households; valuation methodology; compensation levels for properties and assets; monitoring and evaluation; RAP implementation cost and RAP disclosure.

2 2. Project Description, Project Area and Area of Influence The Multi-purpose Dam will be constructed in the greater lower eastern areas of Makueni, Kathonzweni, Mbooni East and lower Yatta. The Dam will cover an area of 2,900 Hectares. It is envisioned that it will provide water for domestic use (10,565 m 3 per day) for the communities living in Makueni and the neighbouring districts. Other envisioned uses include; irrigation activities (249,000m 3 per day) mainly within Makueni district where water can easily gravitate and also hydropower generation (2,673,503 M 3 per day). In addition to offsite water use, other uses of the Dam water include; fishing, direct irrigation for small scale food production, eco-tourism, improved sanitation and hygiene. 3. Potential impacts The construction of the Dam will impact the lives of the PAPs variously. The negative impacts include displacement from the catchment area of the proposed Dam, waste management, loss of productive land, historical and cultural sites like the shrine at the confluence of Thwake and Athi Rivers and increased local population. It will also lead to loss of wildlife habitat, indigenous flora and fauna. Other losses include; erosion of the top soil. There will also be pollutions of soil, dust and water due to oil spills from heavy machinery. The quality of water downstream will deteriorate. The positive impacts will include; water supply, irrigation, hydro-power, increased employment opportunities, increased economic activities, possible eco-tourism and general development of the area including improved infrastructure. 4. RAP Objective The main purpose of this Resettlement Action Plan (RAP) was to identify the adverse social impacts caused by the construction and realization of the Thwake Multi-Purpose Dam and subsequently suggest the mitigation measures and procedures to be followed. The assessment was undertaken within the proposed Dam design construction area which is about 2,900 Hectares. The RAP also sought to achieve the objective of quantifying and valuing the impacts on the project affected persons (PAPs) and properties in order to propose measures that compensate for such adverse impacts. This RAP covers the entire Dam construction area of 2,900 Hectares for the proposed Thwake Multi-Purpose Dam in the administrative districts of Makueni, Kathonzweni, Mbooni East and lower Yatta.

3 5. Legal Framework A RAP legal framework describes all laws, decrees, policies and regulations relevant to the resettlement activities associated with a project. The Kenyan constitution and law has legal and institutional framework legislation and policies governing land expropriation and compensation for affected assets. The specific Kenyan law statutes that handle matters of land and valuation of assets and which shall apply for this RAP land compensation are Government Lands Act Cap 280, Land Titles Act Cap 282, Registration of Titles Act Cap 281, Land (Group Representatives) Act Cap 287, Trust Land Act Cap 291, Land Acquisition Act Cap, 295 Registered Land Act Cap 300, water act, Land control Act 302, Agriculture Act 318, Rating Act Cap 657 and the Valuers Act cap 532. These laws and regulations shall apply in the resettlement, replacement and compensation and are fully elaborated in the main RAP report. 6. Eligibility Criteria and Entitlement The Kenyan law will guide the Resettlement framework and plan and will be complemented by the eligibility criteria contained in the AFDB Involuntary Resettlement Policy (2003) and the; OP 4.12 of the World Bank s operational manual. Accordingly, compensation for lost assets and replacement costs will be made for both titled and untitled land holders and property owners. In this project the absence of formal titles will not be a barrier to compensation, resettlement assistance and rehabilitation. All PAPs and organizations losing land, buildings/houses, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary) at replacement cost. All PAPS, legal and illegal, are taken into consideration and accounted for. Also due compensation will be paid for public utilities and community structures. Compensation, both small and large amounts, will be paid either in cash or by cheque, following the agreement with the individual PAPs. Disbursements will be guided by the project proponent in liaison with the parent ministry or its appointed agent and will take place in the presence of the compensation committee, county government machineries, administration as well as the spouse or spouses of the individual PAPs. The cut-off date for compensation eligibility has been set at 31 December, A careful count and identification of the existing properties and affected persons has been conducted together with local officials and will be re-verified prior to the compensation. The compensation

4 principles for the various affected population groups are given in the following entitlement matrix: Entitlement Matrix Type of loss Application Definition of entitled person Permanent loss of Arable land located along Farmers who have usufruct right arable land the project site to cultivate the land & physical present in the project area Temporary loss of Arable land located along Farmers who have the right to arable land the project site cultivate the land Compensation policy -Land for land replacement -If land is not available in close proximity provide full compensation -Provide full compensation Implementation issues -Identify arable land close to the affected community -List down affected and entitled households -Compensate for lost crop as per the law -List down affected and entitled households -Rehabilitate land used temporarily at the end of the construction period - Compensate for crop loss from the temporarily occupied land Loss of residential Housing structures A person who owns housing -Full compensation payment to -A list of available structure in area /house/ located in the site infrastructure cover the loss of housing each affected community -A person with no formal legal structure without taking into -Compensations provided rights or claim structures consideration depreciation -If agreement has been reached -Relocate housing structure to a on mode of compensation site which is acceptable to settlement, provide evidence. PAPs Loss of Rented Housing structures Tenants who have rented houses Comparable or better dwelling -Tenants (renters) will be Houses located in the project area in the project area from individual house in the project area for compensated inconvenience and landlords. renters (tenants) at same rental compensation will be paid to them costs and displacement compensation equivalent to the Loss of commercial Loss of commercial and Owner of the commercial and -Full compensation payment to -A list of available commercial and business business activities business activities who over the owner -Relocate business institutions in each affected activities operates the business at the site of or commercial activity to site community the project area acceptable to the affected -Compensation provided persons -If agreement has been reached on mode of compensation settlement, provide evidence Loss of trees Trees and other plant Land owner, concession holder, Full compensation payment -Make inventory of trees species located on the squatters, communities who based on -Determine individual need or land for the structure for utilize the land where trees and type, age and diameter of trees compensation volumes the project area, and the other plant species are located -Provide equivalent land -An assessment for maintaining project easement areas nearby for replanting that kind of vegetation

5 -If agreement has been reached on mode of compensation settlement, provide evidence Loss of livelihood for For loss of farmland, Vulnerable households who lose -Give special support and - The special support to FHH is Vulnerable trees, houses (own or live farmland and houses assistance because they lack resources, households rented) -FHH will be given special - TAWSB will be responsible educational qualifications, skills, attention and support for the same to construct new houses for or work experience compared to benefits as their male counterparts vulnerable households and men. provide all the other services to the vulnerable households Loss of land or house Source of income & -PAPs without formal rights for Provide equivalent land They may not have other sources livelihood land (squatters & encroachers) of income or livelihood Loss of land Loss of income and Those persons who do not Provide equivalent land Income could be reduced due to traditional rights physically reside in the project the loss of land area but have traditional rights to the land 7. Institutions for RAP Implementation The overall responsibility for the RAP implementation is vested with the Tanathi Water Services Board through the PAP steering committee. It will be constituted by the following: National Environmental Management Authority (NEMA) officer Tanathi Water Services Board (Project Implementation Unit) Two Project affected people Representatives from each sub-location to be appointed by PAPs Local council representative Government Valuer Local area chiefs and sub chiefs District Land Adjudication and Settlement Officer District Social Development Officer RAP Committees will be established in the affected project area at county, district, location, sub-location and village levels to oversee and guide the day-to-day operations of the RAP. Tanathi Water Services Board in collaboration with the Makueni county and central government administration will establish the RAP Committees. The RAP committees will comprise a representative from provincial administration, 2 representatives from PAPs each of either gender, a community leader of the PAPs choice and the project proponent agent or

6 it s designate. Relocation and compensation will be the major responsibility of the RAP Committees. To this end, the RAP Committees will prepare a practical relocation and compensation schedule at the time. Funds for payment of the compensation will be made available by the proponent. The RAP implementation Committees will prepare monthly and quarterly progress reports to be delivered to the proponent, other stakeholders, partnering bodies and government bodies as need be. 8. Implementation Schedule The prime objective of the RAP is to ensure that compensation for houses and other properties will be disbursed in time to enable the affected households construct habitable dwelling houses before demolition commences. A minimum of 1 months and a maximum of 3 months will be available. PAPs indicated that a new house can be built within 1-3 months if all the materials have been assembled. The RAP Implementation Schedule has made provision for a series of activities before the Dam construction commences to ensure adequate PAP participation and consultations are carried out, namely: Land acquisition for relocation Compensation to PAP s Construction of new houses Income restoration measures The Gantt chart below elaborates the water Dam construction for implementing the RAP. Activities Quarter Quarter Quarter i. Disclosure of RAP ii. Re-evaluation of assets and properties iii. Re activating all the Committees established iv. Property valuation committee reviews v. Property valuation committee reviews impacts and costs vi. The Resettlement / Implementation committee conducts education and awareness creation about RAP procedures and compensation payment

7 vii. PIU carry out Stakeholder Consultation on the implementation of the RAP viii. Compensation payment made for all affected properties and assets ix. Skill training identified & organized for PAPs that require skill training x. Grievance redress committee addresses complaints and grievances raised by PAPs and ensures that appropriates measures are taken xi. Monitoring and Evaluation xii. Preparation of completion report by all committees and PIU 9. Grievance Redress Mechanism/ Complaint and Dispute Management Process It is anticipated that in an operation of this size and scope, there will be emergence of conflicts and disputes. These will be handled by the RAP team and the PAPs amicably. In order to prevent or, resolve conflicts amicably, a conflict resolution committees will be formed at each PAP administrative location consisting of the sub-chief, two PAPs (man and woman), a community leader of their choice and an agent of the proponent. An overall arbitration committee will also be set up and used to manage complaints and disputes that will not have been resolved at the local conflict resolution committee level. The committee will comprise two representatives from TAWSB, Government offices, the PIU and two representatives of PAPs. The representation of PAPs in the committees helps to build confidence in the system. The Committee will work during the resettlement period and meet as necessary when convened by its Chair. In the event that the disputes or conflict cannot be resolved at the two committee s levels in 30 days, they could proceed to the courts. The following table shows the standard grievance complains procedure to be used;

8 Project Affected Persons (PAPs) grievance resolution channel RAP-TEAM PRESENTS COMPENSATION PACKAGE TO PAPS PAPs EVALUATE COMPENSATION PAP S DECISION PAP EXPRESS RESERVATION ON COMPENSATION TO RAP-C NEGOTIATION BETWEEN THE AGGRIEVED PAP AND THE RAP-C PAP S DECISION PAP AND RAP-C DON T AGREE: REPORT TO LOCAL DISPUTES COMMITTEE LOCAL COMMITTEE ATTEMPT TO SORT OUT THE DISAGREEMENT PAP S DECISION THE PAP AND RAP-C DON T AGREE: DISPUTE IS FORWARDED TO ARBITRAL TRIBUNAL COMMITTEE THE ARBITRAL TRIBUNAL COMMITTEE HEARS DISPUTE AGREEMENT REACHED DECISION DECISION NOT ACCEPTED BY THE PAP THE PAP ACCEPTS THE PACKAGE WRITTEN CONFIRMATION & SIGNNITAURE THE PAP TAKES THE CASE TO THE COURT THE PAP RECEIVES COMPENSATION

9 10. Public Consultations and Community Participation The public was consulted throughout the RAP process in different ways: a local proximity approach which consisted of meeting PAPs individually and publically at home and public areas respectively. The public consultation meetings were held between the months of March and August During these meetings, the Consultant carrying out the RAP on behalf of Tanathi discussed the project details and the compensation options available: (i) the option of full compensation consisting in cash payment of the value of buildings, of the land and of production, in the case of crops; (ii) the option of compensation consisting of partial payment in cash of the value of buildings and partially in kind by finding replacement land for the PAP; and (iii) the option of compensation in kind consisting of finding replacement land for the PAP and providing aid for the reconstruction of their houses (iv) It was specified that the entire RAP process, including the resettlement options is based on negotiations with the PAPs. The definition of fully affected and partially affected households (HHs) was agreed upon before the commencement of the survey in order to clearly distinguish the impact on people by the Dam inundation area, the general buffer and Dam support affected zone. The definition was applied during the survey and during discussion with PAPs and other stakeholders as follows: Fully Affected: In this case almost all the plot area is taken and the PAP cannot re-establish herself/himself in the remaining compound area, since the former use and practice of the houses is no longer possible. These households will receive full compensation to rebuild new houses, compensation value (inconvenience cost) and compensation for income restoration during construction and transfer for loss of business. Partially Affected: Partially affected households are those who live in land which they don t own but have could lose their buildings and other livelihoods and will be compensated for their losses. These include adult sons and daughters who have partially inherited land from their fathers. The discussions confirmed that the residents were willing to vacate the proposed project site which will serve the public-interest project of the community. All concerns expressed regarding the eligibility criteria, the works implementation period and deadline for vacating the proposed project site, the scale and amount of compensation, the loss of documents proving ownership of assets and identity cards as well as the issue of land ownership were

10 clarified. It was made clear that all persons living within the project site or with an asset or source of income in the proposed project site were entitled to compensation. It was, however, noted that compensation would depend on the losses suffered and the type of property affected. Finally, discussions on conflict and dispute handling mechanisms for handling misunderstandings, complaints and disputes were done. RAP conflict resolution committees were suggested and agreed upon as responsible for managing possible disputes. If the conflicts were not solved at the two suggested committee levels, they could be resolved in accordance with the Kenyan courts of law. 11. Persons Affected by the Project The field survey showed that 1067 owners of properties will be affected by the Dam project. The total family members of the project affected households are 5,736. Names of the heads of households and institutions identified during the field survey have been documented. 12. Social economic profile of the affected households A total population of 5,736 people in 1067 households will be directly affected by the activities. 60% of this population are male whereas 40% are female. The table below gives the figures of the people to be affected in terms of their age. 95% of the people are Christians across the denominations of African Inland church, Catholic and Protestant denominations. The minor 5% spreads across traditional African beliefs. Age group Total Male Female Below 10 years years years years years years and above Total

11 The population is distributed in seven sub locations namely, Katithi, Mavindini, Kathongo, Kathulumbi, Syotuvali, Syomunyu and Nzambia Sublocations. The Table below shows the population Distribution. Sub-Location Household Number of people Mavindini Syomunyu Kathulumbi Kathongo Nzambia Katithi Syotuvali Total The project area is occupied by the Akamba who have elaborate cultural practices and speak Kikamba, Kiswahili and English. Men have more access to information than women due to the paternalistic nature of the Kamba culture. Affirmative action will be taken to ensure that female headed households are taken care of as a vulnerable group. 13. Vulnerable Households The socio-economic survey identified the physically challenged, women and elderly persons as vulnerable PAPs. The elderly people are those (above the age of 60) and women who head households. Additional support will be made in rebuilding their houses, transferring and transporting their household items and materials to the newly relocated and constructed homes. The vulnerable persons include 15 physically challenged, 20 female-headed and 40

12 elderly persons beyond the age of 60 years who are either physically frail or sickly. TAWSB undertakes to ensure all vulnerable persons are given the necessary protection and receive equitable access to replacement resources. 14. Valuation Methodology A quantitative and qualitative description of all affected buildings and other properties were prepared. The results obtained have been cross-checked with data from the socio-economic survey to ensure that no resident household is omitted. The buildings affected have been classified on the basis of their size and type of construction materials used. To estimate the value of buildings, several elements of evaluation were used: (i) The plans and sketches of building types; (ii) Building technicians estimates; (iii)the unit price of materials in the project area; (iv) Inflation rate A Financial compensation for buildings has been calculated at the replacement cost; a scale which gives a price per m 2 has been established on the basis of the following criteria: i) The type of construction materials used; ii) The shape of the building; iii) The use of the building; and iv) The size of the infrastructure (length, diameter, etc.). Regarding compensation for plot loss, persons eligible under Kenyan law are usually holders of documents attesting to ownership rights (title deed) or usufruct (title deed or allotment letters). However, under this project, households with immovable property for use as dwellings in the unserviced (unallotted) area will receive compensation. The parameters taken into account to assess the cost of the loss of land relate mainly to the type of right held by the occupant or land tenure status (title deed or allotment letters) and the price per m 2 in the same sector. Assessment and compensation for market gardening losses: the method for assessing the losses of market gardeners along the canal takes into account a number of technical factors, mainly: (i) the surface area in m 2 or the number of market garden strips; (ii) the type of crop; (iii) yield per m 2 ; (iv) quantities produced; (v) the market price of crops. Since crop prices fluctuate on the market, prices are calculated so as not to prejudice the farmer.

13 Compensation regarding trees is financial and the scale used is that of the ministry of agriculture and Kenya Forest Services. The amount of financial compensation received by an owner depends on the species, number and circumference of trees (age). Compensation for cultural, religious and sacred sites: among the religious and cultural sites affected was a church in the allotted area. This church served both PAPs and the communities in the project area. The displaced persons will be allocated land for the reconstruction of their place of worship on the resettlement site. This amount will be paid to the church community of the neighbourhood, to build a new place of worship for the population that will remain in the location. Compensation and assistance for the relocation of households: emotional distress and enable households to meet their subsistence expenses during the displacement and resettlement period 15. Monitoring and Evaluation In carrying out the monitoring and evaluation of the Dam, the RAP Monitoring Committee will be assisted by an independent entity, i.e. consultant/technical assistance. At the initial stage, the independent Consultant will determine the performance indicators to be selected in order to effectively assess the progress and outcomes of activities. Once the indicators have been prepared and validated with the TAWSB and AFDB, it will be possible to identify the data sources. Thus, for each indicator proposed, the specific data source will be specified. In some cases, the data will be provided by RAP implementing committee and the PAPs in the project site. The consultant will also define the frequency of analysis for each indicator selected. In some cases, continuous monitoring will be carried out while in other cases it will be monthly or annually. The proposed monitoring will get data from both genders (men/women) as may be required. The same indicator could therefore be split in two in order to monitor the progress of activities from two separate standpoints, male and female. The evaluation component of the Resettlement Action Plan seeks to ensure that the PAP living standards

14 are higher than, or at least equal to pre-project living standards. It will, therefore, be necessary to: (i) Establish and interpret the baseline situation of the affected people prior to project start-up (the baseline situation under the terms of preparation of the PAR is calculated on the basis of the census and household surveys); (ii) Regularly define all or part of the above parameters in order to assess and understand the trends; (iii) On project completion, establish a new baseline to assess the socio-economic impacts of the RAP. Monitoring/evaluation content and indicators: more specifically monitoring/evaluation shall ensure that: Pre-determined allowances/compensation have been provided; Resettlement is progressing as agreed; Appropriate care is provided for vulnerable groups; All complaints are effectively considered and the decisions known; The established schedule for PAR implementation is complied with; and Resettlement does not create any negative impacts, or such impacts are mitigated. It will also be necessary to ensure that PAPs are properly settled in their host communities and that their living standards have not declined. 16. Total project cost The total cost for this RAP is estimated at Ksh 2,261,382,500. This will cover the entire cost of the RAP including compensation for loss of land, structures, income, trees and crops. Item Quantity Unit Cost (Kshs.) Total Cost (Kshs.) 1 Land 13,738 50, ,900,000 2 Shops/kiosks/stalls ,000 3,000,000 3 Household description Permanent houses 149 1,000, ,000,000 Semi-permanent houses , ,500,000 Temporal houses ,000 75,800,000 4 Trees Fruit trees 11,492 10, ,920,000 Indigenous & Exotic ,000 38,304,000 5 Livestock relocation cost 22, ,400,000 6 Compensation for other Structures 37,301,000 7 Graves , ,000,000 8 Institutions School 1 5,000,000 5,000,000 Church 1 2,000,000 2,000,000 Hand dug wells 20 20, ,000 Monitoring and evaluation 2,000,000 Total 1,739,525,000 9 Administration cost 5% 86,976, Miscellaneous 10% 173,952, % disturbance, injurious affection and severance 260,928,750 Total compensation cost 2,261,382,500

15 17. Disclosure of Information to Project Affected People As described above, project affected people were informed individually and collectively. They were again informed at the time of the census when their agreement on the data culminated in their signing of the survey forms. It is important to note that the information process will continue throughout the project s implementation and until the PAPs are fully integrated into the host communities. Under the responsibility of the RAP Monitoring Committee, an information process will also be conducted by the TAWSB. Community liaisons (elected representatives of the sectors concerned, religious and customary communities, residents associations, PAP representatives) will be identified to pass on information. Periodic meetings will be held with the latter.