Japan Social Development (JSDF) - World Bankdocuments.worldbank.org/curated/en/234821468256741173/... · 2016-07-16 · compensation plan, (2) relocation and transfer, (3) income

Japan Social Development Fund (JSDF)

Resettlement Policy Framework (RPF)

for the Results Based Financing for

Sustainable Sanitation and Hygiene

REVISED REPORT

Prepared by: SAL Consult Limited, P O Box GP20200, Accra Submitted to: Community Water and Sanitation Agency (CWSA), Accra

May, 2013

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RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page i

Revised Report. May 2013

Table of contents

Table of Contents …………………………………………………………………………………………………………..……….…...……….. i

List of Tables …………………………………………………………………………………………………………………………….…….…….. ii

Acronyms and Abbreviations ……………………………………………………………………………………………………..………… iii

Executive summary ………………………………………………………………………………………..…………….……………..………. iv

1.0 INTRODUCTION ....................................................................................................................................... 13

1.1 BACKGROUND ................................................................................................................................................ 13

1.2 PURPOSE OF THE RPF ...................................................................................................................................... 13

1.3 REPORT OUTLINE ............................................................................................................................................ 13

2.0 BRIEF DESCRIPTION OF THE PROPOSED PROJECT .................................................................................... 14

3.0 RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK ................................................... 16

3.1 NATIONAL REGULATORY FRAMEWORK ................................................................................................................ 16

3.2 WORLD BANK SAFEGUARD POLICY ON INVOLUNTARY RESETTLEMENT ....................................................................... 18

3.3 GAPS BETWEEN GHANAIAN REGULATIONS AND WORLD BANK POLICIES .................................................................... 19

3.4 PROJECT MEASURES TO ENSURE COMPLIANCE WITH WORLD BANK POLICY ................................................................. 19

3.5 LAND TENURE ................................................................................................................................................ 20

3.6 PUBLIC INSTITUTIONS INVOLVED IN LAND ADMINISTRATION .................................................................................... 20

4.0 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ................................................................ 22

4.1 OVERVIEW ..................................................................................................................................................... 22

4.2 ASSESSMENT OF SOCIAL IMPACTS ....................................................................................................................... 22

4.3 GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ........................................................................................ 22

5.0 PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS ......................................................... 24

5.1 PRINCIPLES AND OBJECTIVES .............................................................................................................................. 24

5.1.1 Regulatory Framework .......................................................................................................................... 24

5.1.2 Minimising land compensation payment ............................................................................................... 24

5.1.3 Minimization of Displacement ............................................................................................................... 24

5.1.4 Fair and adequate compensation .......................................................................................................... 24

5.1.5 Compensation payment ......................................................................................................................... 25

5.1.6 Community involvement and sensitisation ............................................................................................ 25

5.2 VOLUNTARY LAND DONATIONS .......................................................................................................................... 25

6.0 VALUATION, ELIGIBILITY AND ENTITLEMENTS ......................................................................................... 26

6.1 VALUATION .................................................................................................................................................... 26

6.2 DESCRIPTION OF ELIGIBILITY CRITERIA ................................................................................................................. 27

6.3 ENTITLEMENT ................................................................................................................................................. 27

7.0 PROPOSED RESETTLEMENT MEASURES AND COST ESTIMATE ................................................................. 30

7.1 RESETTLEMENT MEASURES ................................................................................................................................ 30

RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page ii


7.2 BUDGET ........................................................................................................................................................ 31

8.0 PROPOSED ADMINISTRATIVE AND INSTITUTIONAL FRAMEWORK FOR PREVENTION AND MITIGATION . 33

9.0 IMPLEMENTATION AND MONITORING PLANS INCLUDING DESCRIPTION OF INDICATORS ...................... 35

9.1 SEQUENCE OF IMPLEMENTATION AND RESPONSIBILITIES .......................................................................................... 35

9.2 PROCEDURES FOR DELIVERY OF ENTITLEMENTS ...................................................................................................... 35

9.3 MONITORING PLANS AND INDICATORS ................................................................................................................. 37

10.0 STAKEHOLDER CONSULTATIONS ............................................................................................................. 38

10.1 LIST OF INDIVIDUALS/ORGANIZATIONS CONTACTED FOR THE PREVIOUS RPF PREPARATION ............................................. 38

10.2 STAKEHOLDER DISCUSSIONS AND CONCERNS ......................................................................................................... 38

11.0 REFERENCES ............................................................................................................................................ 40

ANNEX ................................................................................................................................................................. 41

List of Figures

FIGURE 1: DISTRICT MAP OF THE NORTHERN REGION ....................................................................................................... 15

List of Tables

TABLE 1 COMPARISON OF GHANAIAN REGULATIONS WITH WORLD BANK POLICIES ................................................................. 19

TABLE 2 LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORKS....................................................................................... 21

TABLE 3 GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ........................................................................................ 23

TABLE 4 GENERAL GUIDELINES AND METHODS FOR COSTS PREPARATION ................................................................................ 26

TABLE 5 ELIGIBILITY CRITERIA ........................................................................................................................................ 27

TABLE 6 ENTITLEMENT MATRIX ..................................................................................................................................... 28

TABLE 7 ITEMISATION OF BUDGET .................................................................................................................................. 32

TABLE 8 INSTITUTIONAL FRAMEWORK ............................................................................................................................. 33

TABLE 9 SEQUENCE OF IMPLEMENTATION TASKS AND INSTITUTIONS ...................................................................................... 35

TABLE 10: STAKEHOLDERS CONSULTED FOR UPDATE OF RPF .................................................................................................. 38

RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page iii


Acronyms and Abbreviations

ARP Abbreviated Resettlement Plan

CBO Community Based Organisation

CLTS Community Led Total Sanitation

CSIR Council for Scientific and Industrial Research

CWSA Community Water and Sanitation Agency

DA District Assembly

DWST District Water and Sanitation Team

EPA Environmental Protection Agency

ESMF- Environmental and Social Management Framework

GoG Government of Ghana

GIPC Ghana Investment Promotion Centre

GPRS Ghana Poverty Reduction Strategy

GWCL Ghana Water Company Limited

IDA International Development Agency

JSDF Japan Social Development Fund

LI Legislative Instrument

LPO Local Partner Organisation

LVB Land Valuation Board

NDPC National Development Planning Commission

NGO Non- Governmental Organisation

POM Project Operational Manual

RAPs Resettlement Action Plans

RBF Results Based Financing

RCC Regional Coordinating Council

RP Resettlement Plan

RPF Resettlement Policy Framework

RWST Regional Water and Sanitation Team

SEA Strategic Environmental Assessment

WATSAN Water and Sanitation Committee

WB World Bank

WRC Water Resources Commission

WRI Water Research Institute

WSDB Water and Sanitation Development Board

RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page iv


Executive Summary

Introduction

The Japan Social Development Fund (JSDF) grant development objective is to improve the sanitation and

hygiene practices of an estimated 112,500 poor and vulnerable persons in four districts of northern

Ghana. This would be achieved through a Results Based financing (RBF) and innovative approaches in

sanitation like the Community Led Total Sanitation (CLTS) and the Village Savings and Loans Associations

schemes (VSLAs) which put more emphasis on the resourcefulness of the communities to make more

effective use of funds and stimulates demand for investing in water, sanitation and hygiene services.

The beneficiary districts are Saboba, East Gonja, West Gonja and Tamale Municipality (specifically, peri-

urban areas of Tamale) and the project will build upon the achievements of the Sustainable Rural Water

and Sanitation Project currently being undertaken by the CWSA and funded by the World Bank.

Proposed Project Development Objectives and Components

The project has 4 components: (i) Stimulating demand for sanitation and hygiene services through

behavioral change communication (BCC) under the CLTS concept in communities (ii) Stimulating

willingness of communities to take lead in investing in household latrines and provision of waste

collection bins and matching community contributions with project fund to provide a more improved

latrine at a lower cost to the households (iii) Direct investment from project funds into school sanitation

and hygiene facilities in 16 schools; (iv) Monitoring and Evaluation, and Knowledge Dissemination and

Project Management and Administration. The project adopts the Results based financing approach,

stimulates bottom-up approach implementation and strengthens local private sector participation.

National legal and regulatory provisions

The relevant legal and regulatory provisions include:

The Constitution of the Republic of Ghana, 1992

The State Lands Act, 1962

The Lands (Statutory Wayleaves) Act, 1963

Land ownership may be categorized into these 2 main forms:

Customary land comprising stool and family lands; and

Public land comprising state and vested lands.

Public Institutions involved in Land Administration include:

Land Commission

Land Title Registry

Survey Department

Land Valuation Board

Department of Town and Country Planning

Office of the Administrator of Stool Lands

Ministry of Lands and Forestry

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Compensation Principles

Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood

restoration of affected people) will be addressed in compliance with the RPF

Communal/stool/public lands will be considered first for any sub-project activity followed by family

lands and before individual lands

Voluntary land donations will be encouraged but carried out within strict guidelines to avoid abuse.

As much as possible physical displacement will be avoided.

Fair and adequate compensation will be paid to affected people

Compensation will be paid before destruction of property/crops

Compensation will be determined at full replacement cost

Valuing entitlement & eligibility criteria

Buildings, kiosks

Replacement cost method would be used to determine market value and will be based on (1) land in

comparable site, (2) drawings of buildings, related structures and support services, (3) average

replacement costs of different types of buildings based on information on quantities and types of

materials for construction, (4) prices of items on the local market, (5) costs of transportation, (6)

estimates for construction of new buildings.

Farm crops

Market value as at the time of replacement and with LVB rates serving as a guide

Tree felling

Follow EPA requirement. Pay cash for every tree felled and in addition grow two more at location similar

to where the other was felled.

Loss of income

Estimation of net monthly profit for business based on records; application of net monthly profit to the

period when business is not operating.

Disturbance allowance

10% of total compensation

Entitlement

Issues to be considered include cost of affected property, loss of income, disturbance allowance,

relocation assistance, and special assistance if vulnerable.

Eligibility criteria

Assets

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Physical and non- physical assets such as homes, communities, productive lands, farmlands, cultural

sites commercial/ business properties tenancy, income earning opportunities, and social and cultural

networks and activities.

Category of affected persons and compensation

Persons with formal legal rights to land- To be provided compensation for land lost and other assistance

Persons without formal legal rights to land at time of notification but have claims to property

recognisable by resettlement plan- To be provided compensation for land lost and other assistance

Persons with no recognizable legal right or claim to land they are occupying, eg squatters- To be

provided resettlement assistance in lieu of compensation for land occupied.

Persons encroaching on land after the notification- Not eligible for compensation or any form of

resettlement assistance.

Resettlement measures and cost estimates

Detailed social assessment studies will be carried out within specific communities on project by project

basis, as and when required. The framework for the compensation/ resettlement will then be applied

incorporating specific (1) institutional arrangements, (2) resettlement/ compensation eligibility criteria,

(3) implementation procedures, (4) financial responsibilities, and (5) monitoring and evaluation plan.

Livelihood restoration measures will consider issues such as (1) income levels of affected persons, (2)

other non- monetary sources of livelihood, (3) constraints and opportunities for income generation, (4)

number of persons not able to revert to previous occupation, and (5) existing skills of affected persons.

Vulnerable persons will be identified and special assistance offered during the compensation

implementation process. Criteria include age-above 70 years, physical/mental disability, widows,

orphaned children and bedridden or seriously sick persons.

The cost will be derived from expenditures relating to (1) the preparation of the resettlement and

compensation plan, (2) relocation and transfer, (3) income and means of livelihood restoration plan, and

(4) administrative costs.

Administrative and institutional framework

The SNV Accra Office has the overall responsibility for preparing the RPF and implementing the

Resettlement Plan with World Bank support. It will ensure that all compensation, resettlement and

rehabilitation activities are carried out satisfactorily before the disbursement of funds for construction

work to commence. The SNV Tamale Office will work with the Regional Water and Sanitation Team to

organize the district orientation and training for the District Assemblies and the various government

departments likely to be involved in the process, to be ready to implement payment of compensations,

and other activities in a timely manner. The SNV Tamale Office will ensure that progress reports reach

the Accra Office regularly. The project administration and resettlement planning will run concurrently.

Much of the work will be done at the district level. The SNV Tamale office through the District Assembly

which is the local administrative authority, will ensure that

RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page vii


Communities are properly and adequately informed of the Plans, and also their rights and options

relating to their properties that may be affected by the project

Coordinate activities between different communities implementing the resettlement plans

Ensure timely provision of compensation, in cash and/ or kind

Attend to any grievances submitted by the affected persons

The DWST through the WATSANs/ WSDBs will engage and involve all sections of the community in

discussions on the Plan. They will

Schedule open meetings to ensure that all community members are informed and they are fully

aware of their rights and options regarding the resettlement activity

Identify impacts on lands and assets and the members of the community to be affected and to what

extent they will be affected

Consider voluntary contributions or else negotiated land acquisition

Facilitate alternatives including compensations in kind and exemptions from local contributions

Procedures for delivery of entitlements

Entitlements may range from cash payments and/ or building materials to the provision of new land,

new homes and compensation for other lost properties. Compensation will be paid before owners/

occupiers are made to vacate their properties for commencement of construction works. Payments will

be funded like any other activity under the project’s administrative and financial management rules and

manuals. Procedures for establishing Committees, consultations, notifying affected persons,

documentation, preparation of contract agreements, redress of grievances etc will be established.

Monitoring plans and indicators

The monitoring programme will provide a continuous feedback on the implementation of the RPF and

the Plan itself. Monitoring teams at the districts will be constituted and will report regularly at the

regional level to the SNV Tamale office and thence to the SNV Accra office. The SNV Tamale office will

work closely with the RWST. The district team will comprise the DA, DWST, WATSAN/ WSDB while the

regional team will be constituted by the SNV, RWST, DAs, and RCC.

The monitoring indicators will cover areas such as (1) basic information on affected persons’

households, (2) restoration of living standards and livelihoods, (3) levels of affected persons’ satisfaction

determined by number of grievances registered, and (4) effectiveness of resettlement planning.

An evaluation programme will be implemented to periodically check on compliance with policy and

provide lessons to amend strategies, especially in the longer term. The evaluation will be based on

current WB procedures and also national provisions on resettlement where they are consistent.

RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page 13


1.0 INTRODUCTION

1.1 Background

The Japan Social Development Fund (JSDF) grant development objective is to improve the sanitation and

hygiene practices of an estimated 112,500 poor and vulnerable persons in four districts of northern

Ghana. This would be achieved through a Results Based financing (RBF) and innovative approaches in

sanitation like the Community Led Total Sanitation (CLTS) and the Village Savings and Loans Associations

schemes (VSLAs) which put more emphasis on the resourcefulness of the communities to make more

effective use of funds and stimulates demand for investing in water, sanitation and hygiene services.

This Resettlement Policy Framework is prepared to contribute to the smooth execution of the Project

with regards to social impacts. The contract to prepare this document also includes the preparation of

an Environmental and Social Management Framework as a separate document.

1.2 Purpose of the RPF

The development of an RPF is a requirement for projects that may entail involuntary resettlement,

issues of compensation, acquisition of land, impact on livelihood, or restricted access to natural

resources under the World Bank safeguard policy on involuntary resettlement (OP 4.12). Apart from

meeting World Bank requirements, the RPF will provide project stakeholders on how to address

compensation issues as related to affected properties/livelihoods including land and income generated

activities during Project implementation. The application of the OP 4.12 also ensures participation,

enhances sustainability and social cohesion.

1.3 Report Outline

The RPF has the following outline:

1. Introduction;

2. Brief Description of the Proposed Project

3. Potential Project impacts on Assets and Livelihood

4. Relevant Legal, Regulatory and Administrative Framework

5. Principles, Objectives and Voluntary Land Donation

6. Valuations, Eligibility and Entitlements

7. Proposed Mitigation Measures and Cost Estimates

8. Proposed Administrative and Institutional Framework for Prevention and Mitigation

9. Implementation and Monitoring Plans including Description of Indicators

10. Stakeholder Consultations

11. Lessons learnt from Previous Project and Recommendations

12. References



2.0 BRIEF DESCRIPTION OF THE PROPOSED PROJECT

The project has 4 components: (i) Stimulating demand for sanitation and hygiene services through

behavioral change communication (BCC) under the CLTS concept in communities (ii) Stimulating

willingness of communities to take lead in investing in household latrines and provision of waste

collection bins and matching community contributions with project fund to provide a more improved

latrine at a lower cost to the households (iii) Direct investment from project funds into school sanitation

and hygiene facilities in 16 schools; (iv) Monitoring and Evaluation, and Knowledge Dissemination and

Project Management and Administration. The project adopts the Results based financing approach,

stimulates bottom-up approach implementation and strengthens local private sector participation.

Within the results based contracting and financing framework, communities and schools will be

triggered through BCC to stimulate demand for latrines leading to willingness of households to take lead

in investing in their own household latrines and which will ultimately lead to the abandoning of open

defecation by the whole community and the use of adequate sanitation facilities like waste bins, urinal

and hand washing facilities and waste disposal sites.

SNV is the implementation agency for this project because of the demonstrated comparative advantage

that it has in implementing the innovations included in this proposal.

The ultimate beneficiaries are the children, women and families of deprived communities in 4 districts in

the Northern Region of Ghana, who will benefit from better sanitation and hygiene practices and

services. The Northern Region of Ghana was selected over the other 9 regions because of the

comparatively high prevalence of water and sanitation related diseases like diarrhea, buruli ulcer, and

intestinal worms. The 4 districts namely, Saboba, East Gonja, West Gonja and Tamale Municipality

(specifically, peri-urban areas of Tamale), in figure 1, were selected because of their low sanitation

coverage as compared to other districts in the selected region. Final selection of target communities and

schools will be based on factual performance data on sanitation and hygiene as well as local priority as

perceived by key district and regional actors. Participation of these actors in the selection process will

increase social sustainability of the program and increase ownership. The aim is to reach 75

communities with an estimated total of 112,500 individuals (with an estimated 1,500 population per

community), including 4,000 school children in 16 schools, over a period of 3 years.

With the Construction of the school latrines, and possibly construction of buildings for the SANIMART

and the micro credit scheme, there may be minor impacts from environmental and social perspectives.

The following World Bank safeguard policies will be triggered: Environmental Assessment OP 4.01;

Involuntary Resettlement OP 4.12



Figure 1: District map of the Northern Region



3.0 RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK

3.1 National Regulatory Framework

The National Land Policy was prepared in 1999, and the ongoing Land Administration Project seeks

among other things, to streamline the myriads of laws regulating land administration and/ or

establishing mandates for different land administration agencies in the country. Some relevant laws and

regulations are the following:

The Constitution of the Republic of Ghana, 1992;

The State Lands Act, 1962;

The Lands (Statutory Wayleaves) Act, 1963; and

The Lands Commission Act 2008, Act 767.

The Constitution of the Republic of Ghana, 1992

The Constitution includes some provisions to protect the right of individuals to private property, and

also sets principles under which citizens may be deprived of their property in the public interest

(described in Articles 18 and 20). Article 18 provides that

“Every person has the right to own property either alone or in association with others.”

In Article 20, the Constitution describes the circumstances under which compulsory acquisition of

immovable properties in the public interest can be done:

“No property of any description, or interest in, or right over any property shall be compulsorily taken

possession of or acquired by the State unless the following conditions are satisfied:

a) 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

b) 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 an interest in

or right over the property.”

Article 20 of the Constitution provides further conditions under which compulsory acquisition may take

place: no property “shall be compulsorily taken possession of or acquired by the State” unless it is,

amongst other purposes, “to promote the public benefit (Clause 1).

Clause 2 of Article 20 further provides that:

“Compulsory acquisition of property by the State shall only be made under a law which makes provision

for:

a) The prompt payment of fair and adequate compensation; and



b) A right of access to the High Court by 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.”

Clause 3 adds that:

“Where a compulsory acquisition or possession of land effected by the State in accordance with clause

(1) of this article 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 Lands Act, 1963

The Act 125 vests the authority to acquire land for the public interest in the President of the Republic. It

also gives responsibility for registering a claim on the affected person or group of persons, and provides

details of the procedure to do this. The State Lands Act, 1962 provides some details to be taken into

consideration when calculating compensation such as definitions for (1) cost of disturbance, (2) market

value, (3) replacement value, and so on.

The Lands (Statutory Wayleaves) Act, 1963

This Act describes the process involved in occupation of land for the purpose of the construction,

installation and maintenance of works of public utility, and for creation of rights of way for such works.

The provisions include:

The owner/ occupier of the land must be formally notified at least a week in advance of the intent

to enter, and be given at least 24 hours notice before actual entry;

Any damage due to entry must be compensated in accord with the procedures established by the

Minister unless the land is restored or replaced;

In the case of highways, no compensation shall be paid, unless the land taken is more than one

fifth of the total holdings of an affected person;

Where a right of way must be established in the public interest, the President may declare the

land to be subject to such statutory wayleave;

On publication of a wayleave instrument specifying the area required, and without further

assurance, the land shall be deemed to be 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, 1962.

The Lands Commission Act 2008, Act 767

The Lands Commission Act 2008 establishes the Lands Commission to integrate the operations of public

service land institutions in order to secure effective and efficient land administration to provide for

related matters. The objectives of the Commission are to:



Promote the judicious use of land by the society and ensure that land use is in accordance with

sustainable management principles and the maintenance of a sound eco-system; and

Ensure that land development is effected in conformity wit the nation’s development goals.

3.2 World Bank Safeguard Policy on Involuntary Resettlement

The World Bank’s safeguard policy on involuntary resettlement, OP 4.12, (December 2001) is to be

complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions

to natural resources, may take place as a result of the project. It includes requirements that:

a. Involuntary resettlement should be avoided where feasible, or minimised, exploring all viable

alternative project designs.

b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and

executed as sustainable development programs, providing sufficient investment resources to

enable persons displaced by the project to share in project benefits. Displaced persons should

be meaningfully consulted and should have opportunities to participate in planning and

implementing resettlement programs.

c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards

of living or at least to restore them, in real terms, to pre-displacement levels or to levels

prevailing prior to the beginning of project implementation, whichever is higher.

According to OP 4.12, the resettlement plan should include measures to ensure that the displaced

persons are:

a. informed about their options and rights pertaining to resettlement;

b. consulted on, offered choices among, and provided with technically and economically feasible

resettlement alternatives; and

c. provided prompt and effective compensation at full replacement cost for losses of assets

attributed directly to the project.

If the impacts include physical relocation, the resettlement plan should include measures to ensure that

the displaced persons are:

i. Provided assistance (such as moving allowances) during relocation; and

ii. Provided with residential housing, or housing sites, or as required, agricultural sites for which a

combination of productive potential, location advantages, and other factors is at least

equivalent to the advantages of the old site.

Where necessary to achieve the objectives of the policy, the resettlement plan also should include

measures to ensure that displaced persons are:

a. offered support after displacement, for a transition period, based on a reasonable estimate of the

time likely to be needed to restore their livelihood and standards of living; and

b. provided with development assistance in addition to compensation measures, such as land

preparation, credit facilities, training, or job opportunities.



3.3 Gaps between Ghanaian Regulations and World Bank Policies

There are significant gaps between Ghanaian regulations and World Bank policies. These are

summarised in Table 1.

Table 1 Comparison of Ghanaian Regulations with World Bank Policies

Topic Ghanaian legislation requirement WB policy requirement

Timing of compensation payment

Prompt Prior to displacement

Calculation of compensation

Fair and adequate Full replacement cost

Squatters No provision. Are deemed not to be eligible

Are to be provided resettlement assistance (but no compensation for land)

Resettlement In the event where inhabitants have to be displaced, the State is to resettle them on “suitable land with due regard for their economic well-being and social and cultural values”.

Affected people who are physically displaced are to be provided with residential housing, or housing sites, or, as required, agricultural sites (…) at least equivalent to the old site. Preference to be given to land-based resettlement for displaced persons whose livelihoods are land-based.

Resettlement assistance No specific provision with respect to additional assistance and monitoring.

Affected people are to be offered support after displacement, for a transition period

Vulnerable groups No specific provision Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities…

Information and consultation

The owner/occupier of the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry

Displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement.

Grievance Access to Court of Law Appropriate and accessible grievance mechanisms to be established

3.4 Project Measures to ensure compliance with World Bank Policy

In general the Ghanaian laws and regulations make provision for resettlement framework, including land

acquisition and compensation matters. There are some differences between the World Bank guidelines

and the Ghanaian laws as indicated above.



This Resettlement Policy Framework combines the World Bank Safeguard Policy on involuntary

resettlement (OP 4.12) and the national laws. In circumstances where gaps exists between national

laws and World Bank policy, the World Bank policy applies in such cases as provided in the Resettlement

Policy Framework. The Resettlement Policy Framework is therefore the main guide for the

implementation of land acquisition and compensation under the project.

3.5 Land Tenure

Land ownership may be categorized into these 2 main forms:

Customary land comprising stool and family lands; and

Public land comprising state and vested lands.

Customary land

Land owned customarily is governed by customary laws prescribed by the local community and

therefore varies greatly from place to place. 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.

Public land

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).

3.6 Public Institutions involved in Land Administration

These include:

Lands Commission-Public and Vested Lands Management Division

Lands Commission-Land Registration Division

Lands Commission-Survey and Mapping Division

Lands Commission-Land Valuation Division

Department of Town and Country Planning

Office of the Administrator of Stool Lands

Ministry of Lands and Natural Resources

Their roles and responsibilities are summarized in the following table:



Table 2 Legal, regulatory and administrative frameworks

Public Institution Legal backing Mandate

Lands Commission- Public

and Vested Lands

Management Division

Lands Commission Act,

2008, Act 767

Facilitates the acquisition of land for Government;

and manages state acquired and vested lands in

conformity with approved land use plans

Lands Commission-Land

Registration Division


2008, Act 767

Land Title Registration

Act, 1986

Ensures registration of title to land and other

interests in land; maintains land registers that

contains records of land and other interests in land;

ensures registration of deeds and other instruments

affecting land, among other functions

Lands Commission-Survey

and Mapping Division


2008, Act 767

Survey Act 1962, Act 127

Supervises, regulates and controls the survey and

demarcation of land for the purposes of land use and

land registration; Supervises, regulates, controls and

certify the production of maps; Plans all national

surveys and mapping among other functions

Lands Commission-Land

Valuation Division


2008, Act 767

Assesses the compensation payable upon acquisition

of land by the government; valuation of interests in

land or land related interests for the general public at

a fee among other functions

Department of Town and

Country Planning

Established in 1945 Designs plans and controls settlements

Office of the

Administrator of Stool

Lands

Stool Land Act, 1994 Manages revenue drawn from stool/ skin lands;

establish stool land account; collect revenue into

account; disburse monies to stool, traditional

authority and District Assemblies.

Ministry of Lands and

Natural Resources

- Formulates policies for Lands Administration in

Ghana



4.0 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS

4.1 Overview

This policy framework is triggered in anticipation that the project may have some impacts on assets and

livelihoods, however limited these impacts may eventually turn out to be.

Experience from the SRWSP does not indicate any significant impacts of the projects. It is expected that,

under this new project, similar conditions may apply. For instance institutional latrine facilities will be

sited within existing land boundaries of beneficiary institutions and therefore no new land acquisition

may be needed. This RPF makes provisions to minimize impacts through total avoidance or redesigning

where practical.

However, as sub-projects are not known in sufficient detail at this stage of preparing this Resettlement

Policy Framework (RPF), provisions are made in the RPF to accommodate all potential situations,

including cases that may entail actual displacement and livelihood restoration assistance in concordance

with the World Bank Policy on Involuntary Resettlement (OP 4.12).

4.2 Assessment of social impacts

Latrines may be situated on farm lands and open spaces in both rural communities and small towns.

These will be confirmed from the social surveys, and will determine the magnitude of any displacement

and the impact of the project implementation, both positive and negative.

From field observations, it will be possible to enumerate persons and properties (households,

commercial activities including farms, and other commercial undertakings) whether renters, owners or

squatters to be affected wholly, totally or marginally. The survey may suggest mitigation measures if

possible.

4.3 Generic project impacts on assets and livelihoods

Table 3 shows in generic terms what impacts on assets (land, crops, and structures) and livelihoods can

be expected given the types of activities envisioned under the Project.



Table 3 Generic project impacts on assets and livelihoods

Sub- project Potential Impact on Assets and Livelihoods

Land Crops Forests/cultural sites

Structures Livelihoods

Institutional and household latrine facilities

Permanent acquisition of land/ Land already acquired or occupied by institution. Temporary occupation during construction for access

Destruction of crops on areas earmarked for project; Damage to or destruction of crops on temporarily occupied land

Destruction of standing trees or vegetation

Nil Affected farmers livelihood, including owners, occupants/ users.



5.0 PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS

5.1 Principles and objectives

These principles are intended to minimize negative impacts. However, it will not be always feasible to

avoid displacement or land acquisition. In addition to impact minimization measures, mitigation

measures are needed, hence this RPF.

5.1.1 Regulatory Framework

Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood restoration

of affected people) will be addressed in compliance with the Constitution of Ghana, with other Ghanaian

regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where

there are gaps or inconsistencies between Ghanaian laws and the World Bank policy, the World Bank

policy OP 4.12 will apply.

5.1.2 Minimising land compensation payment

Communal or stool lands vested in the traditional authorities and public lands will be considered first in

all cases. This will be followed by family lands and individual lands will be a last resort. Community sub-

projects will be community driven and therefore voluntary land donations for the project will be

welcomed and encouraged in all cases but measures will be put in place to prevent abuse.

5.1.3 Minimization of Displacement

In line with the World Bank safeguard policy OP 4.12, the Project will minimize displacement through

the following design procedures:

Wherever inhabited dwellings may potentially be affected by a component of a sub-project, the sub-

project shall be redesigned (facility relocation) to avoid any impact on such dwellings and to avoid

displacement/relocation accordingly;

Wherever the impact on the land holding of one particular household/family/individual is such that

the household/family/individual may not be sustainable in the long term, even if there is no need

for physical displacement, the sub-project shall be redesigned (facility relocation) to avoid any such

impact; and

To the extent possible, Project facilities will be located in public spaces;

5.1.4 Fair and adequate compensation

One cardinal principle of the World Bank safeguard policy on Involuntary Resettlement (OP 4.12) is that

project affected persons should be “no worse-off if not better off” after the compensation or



resettlement has taken place. The compensation package will include loss of income or livelihood

restoration assistance or relocation assistance as appropriate plus a disturbance allowance.

5.1.5 Compensation payment

Compensation principles will be as follows:

Compensation shall be paid prior to displacement or destruction;

Compensation will be at full replacement value.

By contrast with the depreciated or net value of a structure, the “replacement value” includes the full

cost of materials and labour required to reconstruct a building of similar surface and standing. In other

words, the affected person must be able to have their structure rebuilt in a different location using the

compensation paid for the old building.

5.1.6 Community involvement and sensitisation

Each beneficiary community will be sensitized on the project and likely project impacts and the extent of

their involvement to ensure project success. Measures instituted to address negative project impacts

will be well communicated to the community.

5.2 Voluntary Land Donations

Voluntary land donations from community members who wish to do so for the sake of the community

will be allowed. However, it will be subject to certain safeguards to ensure that people are not

forced/coerced in giving up their rights to their assets. The DWST/DAs will ensure that the donor is the

legitimate owner of the land; and that the donor is fully informed of the nature of the project, and the

implications of donating the property for community project/usage.

The following measures will be considered in dealing with land donations, based on their relevance to

the cases being encountered:

An assessment that the affected person does not suffer a substantial loss affecting his/her economic

viability as a result of the donation.

Confirmation that the project has been discussed with the affected person and acknowledgement

by the affected person of his/her understanding of the long term project land use.

Confirmation from the traditional authorities or the district assembly that the land is free of

claims/dispute or encroachments from any third party.

Documentation of land donated for the Project: The DWST/DAs will develop a land release form to

be completed and endorsed by the donor and witnessed by the traditional authorities, or water and

sanitation board members or local government officials and DWST, with copies of the Forms kept at

the DA Town Planning Section and the SNV office as well as the RWST.



6.0 VALUATION, ELIGIBILITY AND ENTITLEMENTS

6.1 Valuation

The District Valuation officials will assist communities to calculate the rates based on government

approved standards. However, Table 4 provides the general guideline and method for the preparation

of the costs.

Table 4 General guidelines and methods for costs preparation

Item Types Method

Building, structures Cement, roofing sheets,

doors, wood, paint, sand,

stones etc

Replacement cost method would be used to determine

market value and will be based on (1) land in comparable

site, (2) drawings of buildings, related structures and

support services, (3) average replacement costs of

different types of buildings based on information on

quantities and types of materials for construction, (4)

prices of items on the local market, (5) costs of

transportation, (6) estimates for construction of new

buildings.

Businesses Kiosks, containers,

workshops, communication

centres, chop bars, saloons

Farm crops Crops and fruit trees Market value as at the time of replacement

Standing trees Follow EPA requirement. Pay cash for every tree felled

and in addition plant two more at location similar to

where the other was felled.

Forests Dedicated community forest

areas, sacred groves,

cemeteries, shrines

Replacement cost method would be used and should be

done in consultation with and acceptable to the

traditional authorities or community leaders

Losses of income and

livelihood

- Estimation of net monthly profit for business based on

records; application of net monthly profit to the period

when business is not operating.

Disturbance

allowance

- 10% of total compensation



6.2 Description of Eligibility Criteria

Project affected persons are described as persons affected by land acquisition, relocation, or loss of

incomes associated with the acquisition of land and/or other assets, and restriction of access to legally

designated sites and protected areas.

It is not possible to provide an exhaustive list of such persons at this project preparatory stage.

However, based on an understanding of the social structure of the rural community and the nature of

the sub- projects, it is possible to suggest that the most likely affected persons will be individuals.

Table 5 Eligibility criteria Category of affected persons Assets Type of compensation Persons with formal legal rights to land

Physical and non- physical assets such as residential structures, productive lands, farm lands, cultural sites commercial/ business properties, tenancy, income earning opportunities, and social and cultural networks and activities

To be provided compensation for land lost and other assistance

Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders

To be provided compensation for land lost and other assistance

Persons with no recognizable legal right or claim to land they are occupying, eg squatters

To be provided resettlement assistance in lieu of compensation for land occupied.

Persons encroaching on land after the notification

Not eligible for compensation or any form of resettlement assistance

6.3 Entitlement

The entitlement matrix for compensation issues for the Projects is given in the table below.



Table 6 Entitlement Matrix Asset Type of impact Entitled person Eligibility criteria Entitlement

Land

Permanent acquisition of land

Landowner (individual, household, stool)

Person with formal legal right to land /without formal legal right to land but have claims to property recognized by community leaders

Replacement with an equivalent piece of land located in the vicinity of the affected area. If land is not available then cash compensation at full replacement value as well as disturbance allowance (10%)

Temporary acquisition of land


As above Full reinstatement to pre- project conditions; Rent to be agreed upon for the period during which land is occupied.

Acquisition of RoWs Landowner (individual, household, stool)

As above Cash compensation to be negotiated based on value; disturbance allowance (10%)

Crops

Destruction of crops Landowner/ tenant/ or farmer Farmer Cash compensation for crops not ready for harvesting at time of entry, and negotiated with LVB; Disturbance allowance

Damage of crops Landowner/ tenant/ or farmer Farmer Cash crop compensation for damaged crops, and negotiated with LVB; Disturbance allowance, 10%

Forests Destruction of family/ community dedicated trees


Person with formal legal right to land /without formal legal right to land but have claims to property recognized by community leaders

Cash compensation to be negotiated based on replacement value as well as disturbance allowance (10%)

Damage to sacred groves and other cultural heritage such as cemeteries and shrines


As above Relocation of cultural heritage to a similar site in consultation with family/community leaders as well as disturbance allowance (10%). If relocation to a new site is not possible then cash compensation at full replacement value (to be negotiated with family/community leaders and LVB) as well as disturbance allowance (10%)



Structures

Destruction of permanent immovable structures

Owner Confirmed owner (with evidence) of affected structure irrespective of land ownership

Resettlement to a similar dwelling in a similar location, or Cash compensation at full replacement value of structure. Cost of moving Disturbance allowance (10%)

Occupant Tenant Cost of moving Disturbance allowance (3 months rent)

Temporary displacement of moveable structure

Owner Confirmed owner (with evidence) of affected structure irrespective of land ownership

Cost of displacing the affected structure Cost of moving the affected structure back to project affected land Disturbance allowance of 10%

Livelihood Agriculture Farmer as distinct from affected plot owner

Been using affected land for agriculture irrespective of ownership situation

Cash compensation of any loss of income Assistance to livelihood restoration

Businesses Business person as distinct from owner of structure

Been operating business on project affected land irrespective of ownership (includes squatters)

Cash compensation for temporary loss of income Assistance to livelihood restoration

Use of communal resources

User of such resources (individuals/ communities)

Use of communal resources for livelihood

Assistance to identify and access similar resource elsewhere Cash compensation of temporary loss of income



7.0 PROPOSED RESETTLEMENT MEASURES AND COST ESTIMATE

7.1 Resettlement measures

The potential social impacts to be addressed within the context of preparing this Resettlement

Framework are generalized as previously shown in Table 3. It is not possible at this time to prepare

specific resettlement measures. It is expected though that social assessment studies will be carried

out within specific communities on project by project basis, as and when required. The framework

for the compensation/ resettlement will then be applied incorporating specific (1) institutional

arrangements, (2) resettlement/ compensation eligibility criteria, (3) implementation procedures,

(4) financial responsibilities, and (5) monitoring and evaluation plan.

Livelihood restoration measures

Furthermore, the livelihood restoration measures will consider issues such as (1) income levels of

affected persons, (2) other non- monetary sources of livelihood, (3) constraints and opportunities

for income generation, (4) number of persons not able to revert to previous occupation, and (5)

existing skills of affected persons.

Vulnerable Persons

During inventory of project affected persons within the beneficiary communities, vulnerable persons

will be identified in order for special assistance or measures to be put in place for them. Generally,

vulnerable persons will cover:

The aged (above 70 years);

Physically and mentally challenged;

Widows;

Orphaned children (less than 18 years) and

Bedridden or seriously sick persons.

Assistance may take the following forms but not limited to these, depending upon vulnerable

persons’ requests and needs:

Assistance in accessing compensation money(e.g., going to the collection point or bank with

the person to cash the compensation cheque);

Assistance in the post payment period to secure compensation money and reduce risks of

misuse/robbery;

Assistance in moving: providing vehicle, driver and assistance at the moving stage;

Assistance in building: providing materials, workforce, or building houses; and

Health care if required at critical periods: moving and transition period.



7.2 Budget

The budget will be developed from the specific community social assessment studies and

mitigation/livelihood restoration measures to be developed. It will cover resettlement activities

including compensation cost for affected assets.

The cost will be derived from expenditures relating to (1) the preparation of the

resettlement/compensation plan, (2) relocation and transfer, (3) income and means of livelihood

restoration plan, and (4) administrative costs. These bullet points give the cost centres:

Preparation of Plan

Cost of survey of affected persons, valuation and inventory of assets;

Compensation payments for structures

Relocation and transfer

Cost of moving and transporting items

Cost of site and infrastructure development and services

Subsistence allowance during transition

Cost of replacement of businesses and downtime

Income and means of livelihood restoration plans

Cost of estimating income losses

Cost of income restoration plans

Administrative costs

Operation and support staff

Training and monitoring

Technical assistance

Table 7 is a template for the itemization of budgets to be prepared under the compensation plan or

RP with mainly cash compensation in mind. No resettlement housing is included. The template could

be modified to suit local situation.



Table 7 Itemisation of budget # ITEM GHC

1.0 PREPARATORY PHASE COST

1.1 Inventory of affected persons, assets and livelihoods 5,000-20,000-

1.2 Valuation fees (LVB or private valuer) 10-15 % of Compensation

cost

1.3 Preparation of resettlement plans or compensation reports 10,000-50,000

1.4 Subtotal 1 (Preparatory phase cost)

2.0 COMPENSATION COST

2.1 Compensation for permanent acquisition of land

2.2 Compensation for temporary occupation of land

2.3 Compensation for destruction of standing crops

2.4 Compensation for destruction of permanent immoveable structures

2.5 Compensation for temporary displacement of moveable structures

2.6 Subtotal 2 (Compensation cost)

3.0 LIVELIHOOD RESTORATION /MITIGATION MEASURES COST

3.1 Compensation for farmers ' loss of income

3.2 Compensation for business persons ' loss of income

3.3 Cost of special assistance to vulnerable persons

3.4 Subtotal 3 (Livelihood restoration/mitigation cost)

4.0 CAPACITY BUILDING & IMPLEMENTATION COST

4.1 Capacity building for key stakeholders –local consultant 20,000-50,000

4.2 Overhead cost for compensation disbursement/grievance redress/monitoring & evaluation

20-40 % of compensation

costs

4.3 Leg al fees (in case of court dispute) 15% of valuation/

compensation costs

4.4 Subtotal 4 (Capacity building & implementation cost)

5.0 TOTAL COST (addition of all subtotals)

6.0 CONTINGENCY (5%-10% OF TOTAL COST)

7.0 GRAND TOTAL COST (Total Cost + Contingency)



8.0 PROPOSED ADMINISTRATIVE AND INSTITUTIONAL FRAMEWORK FOR PREVENTION AND

MITIGATION

This section seeks to preempt future problems with the implementation of the resettlement or

compensation plan by proposing a workable institutional arrangement. Some institutions to

participate in the exercise are identified as follows:

Table 8 Institutional framework No.

Institution Responsibility -Implementation Responsibility -Grievance Redress

SNV office- Tamale/ Accra Overall supervision of the RPF and Resettlement/Compensation Plan

To assist in resolving issues referred to it by the RWST or DA

2.0 Regional Water and Sanitation Team (RWST)

Support to SNV Tamale office for Regional supervision of Plan and reporting to head office

To assist in resolving issues referred to it by the SNV Tamale office

3.0 Environmental Protection Agency (EPA)

Review and monitor Social Impact Assessment

-

4.0 District Land Valuation Officers

To assist in the valuation and compensation payment process and reporting

To assist in re-valuing disputed values of properties

5.0 District Assembly To provide funds for compensation payment

To assist in resolving issues received directly or referred to it by the DWST/RWST/SNV To oversee implementation of plans

6.0 District Water and Sanitation Team (DWST)

Trigger the process through inventory of affected persons and assets and implement plan in close consultation with RWST/WATSANs/ WSDBs/ Consultant

To receive complaints from WATSAN/WSDBs or affected individuals and liaise with WATSAN/ WSDBs or DA/RWST/SNV to resolve issues

7.0 WATSANs/ WSDBs To represent community and assist in inventory of affected persons

To receive complaints at community level and liaise with DWST to resolve issues

8.0 Consultant Prepare plans and assist with implementation and capacity building

-

The SNV Tamale office has the overall responsibility for preparing the RPF and implementing the

Resettlement Plan with RWST and World Bank support. It will ensure that all compensation,

resettlement and rehabilitation activities are carried out satisfactorily before the disbursement of

funds for construction work to commence.

The SNV will organize the district orientation and training for the four (4) District Assemblies and the

various government departments likely to be involved in the process, to be ready to implement

payment of compensations, and other activities in a timely manner, especially if the districts is not

participating in the SRWSP. The SNV Tamale office will ensure that progress reports reach the head

office in Accra regularly. The project administration and resettlement planning will run concurrently.



Much of the work will be done at the district level. The SNV Tamale office through the District

Assembly which is the local administrative authority, will ensure that

Communities are properly and adequately informed (timely) by the LPOs of the Plans, and also

their rights and options relating to their properties that may be affected by the project

Coordinate activities between different communities implementing the resettlement or

compensation plans

Ensure timely provision of compensation, in cash and/ or kind

Attend to any grievances submitted by the affected persons

The DWST through the WATSANs/ WSDBs will engage and involve all sections of the community in

discussions on the Plan. They will

Schedule open meetings to ensure that all community members are informed and they are fully

aware of their rights and options regarding the resettlement activity

Identify impacts on lands and assets and the members of the community to be affected and to

what extent they will be affected

Consider voluntary contributions or else negotiated land acquisition

Facilitate alternatives including compensations in kind and exemptions from local contributions



9.0 IMPLEMENTATION AND MONITORING PLANS INCLUDING DESCRIPTION OF INDICATORS

9.1 Sequence of implementation and responsibilities

The sequence of implementation activities and responsibilities are summarized in the table below:

Table 9 Sequence of implementation tasks and institutions

No

Task Institutions

2.0 Preliminary assessment of resettlement issues CBO/DWST/ WATSAN/ WSDB

3.0 Assessment of the need to do relocate facility SNV/ DWST/ WATSAN/ WSDB/

Consultants

4.0 Relocation of facility Consultants

5.0 If 4.0 above is not successful inform DWST/SNV Consultants

6.0 Confirm need for resettlement/compensation actions DWST/SNV

7.0 Assess the options for land acquisition SNV/DWST/ WATSAN/ WSDB/ District

Land Valuation Board

8.0 Assess the number of affected persons CBO/ DWST/ WATSAN/ WSDB

9.0a If number of affected persons is up to 49, no

documentation is required. Trigger the process

required to undertake land acquisition and

compensation payments

SNV/ CWSA/ DWST/ District Land

Valuation Board/ DA

9.0b If number of affected persons is more than 49 but less

than 200, prepare abbreviated resettlement plan (ARP)

for country level approval.

Consultant/ DWST/ SNV

9.0c If number of affected persons is more than 199,

prepare RAP for World Bank approval.

Consultant/DWST/SNV

10.0 Use RP to trigger the process required to undertake

land acquisition and compensation payment

SNV/ DWST/ District Land Valuation

Board/ DA

11.0 Review Plans SNV/ RWST/ DA

12.0 Budgeting of costs SNV

13.0 Confirm arrangements for managing funds SNV/ RWST

14.0 Implement Plans SNV/ DWST/ WATSAN/ WSDB/ CBO

9.2 Procedures for delivery of entitlements

Entitlements may range from cash payments and/ or building materials to the provision of new land,

new homes and compensation for other lost properties. Compensation will be paid before owners/

occupiers are made to vacate their properties for commencement of construction works. Payments

will be funded like any other activity under the project’s administrative and financial management

rules and manuals.



Compensation committee: The committee will comprise representatives of the affected persons (2

to 3no.), the WATSAN/ WSDB, DWST, DA, LVB, EPA, SNV. The committee will be chaired by the

representative of the District Assembly.

Consultations: The affected persons should be engaged in active consultations at the beginning of

the project and any displacement should not be last hour notice. Their input to the process is

essential and their cooperation will be forthcoming when the project objective of a sanitary facility

is adequately explained to them. They should have access to the Resettlement Plan and be

encouraged to provide input.

Notification: Affected persons will be notified through both formal (in writing) and informal (verbal)

manner. A cutoff date will be agreed upon, communicated to the public and implications clearly

outlined.

Documentation: The names and addresses of affected persons will be compiled and kept in a

database including claims and assets. The DA will maintain records of these persons as well as the

SNV. The records are also important especially for future monitoring activities.

Contract Agreement: A contract listing of all property and land/ farms being surrendered and the

types of compensation (both cash and kind) would be prepared. The contracts will be presented at

community meetings/ durbars prior to signing. The handing over of property and compensation

payments will be made in the presence of the affected persons and the Compensation Committee,

and in public.

Time Provisions: The affected persons may negotiate with the Compensation Committee on time

frames and terms of payment, but no construction work can begin until the project affected persons

have been compensated in full or resettled.

Redress of grievances: If affected persons are not satisfied with proposed entitlements or its

implementation, they can seek redress through their respective DAs. The DA will liaise with the SNV

Tamale office to address the problems. If the affected persons are still not satisfied they could take

it up further with the RCC and then possibly to the national level. All grievances will be expressed in

writing. Where grievances entail inadequate compensations paid, section 4 of the Lands Act 1963

makes provision for appeal to a “Land Tribunal” which is an adjudicatory body. The Resettlement

Plan to be prepared for the community must adequately describe mechanisms for resolution of

disputes and grievances. The Compensation Committee will be required to handle all grievances

under any aspect of project activities.

Financial obligations: It is the responsibility of the GoG through the DAs to pay compensations and

the SNV will facilitate this with some assistance from the CWSA and the RCC. These arrangements

notwithstanding, voluntary community contributions, and compensations in kind and exemptions

from local contributions as compensation mechanisms are options to consider.



9.3 Monitoring plans and indicators

The monitoring programme will provide a continuous feedback on the implementation of the RPF

and the Plan itself. Monitoring teams at the district and regional levels will be constituted and will

report regularly at the national level through the CWSA. The district team will comprise the DA,

DWST, WATSAN/ WSDB, and SNV Tamale while the regional team will be constituted by the SNV,

RWST, DAs, and RCC.

It is necessary to periodically juxtapose the objectives of the resettlement plan alongside

achievements regarding whether livelihoods and living standards have been restored or enhanced.

In case deviations are observed, then appropriate correcting actions are immediately implemented

to fall in line with the original intended results. The scope of monitoring will comprise social and

economic considerations as well as technical components, which may further look at physical

infrastructure provided the affected persons.

The monitoring indicators should cover areas such as (1) basic information on affected persons’

households, (2) restoration of living standards and livelihoods, (3) levels of affected persons’

satisfaction determined by number of grievances registered, and (4) effectiveness of resettlement

planning. Some indicators are suggested in the annex based on similar considerations under the

Ghana Land Administration Project, (2003).

An evaluation programme will be implemented periodically to also check on compliance with policy

and provide lessons to amend strategies, especially in the longer term. The evaluation will be based

on current WB procedures and also national provisions on resettlement/compensation. It will

identify actions which will improve policy and offer higher guarantees of implementation success.

The process will be incorporated in the general assessment and review usually undertaken for the

project.



10.0 STAKEHOLDER CONSULTATIONS

10.1 List of individuals/organizations contacted for the previous RPF preparation

During the preparation of the RPF for the SRWSP, special consultation meetings were held with

stakeholders. The outcome of these meetings is relevant to the current project and is re- produced

below:

Table 10: Stakeholders consulted for update of RPF

No. Organisation/ Community

Name Position/Status Contact

NORTHERN REGION

6 CWSA-Tamale Mr. Dogoli Regional Director 071-22676/7 (office)

7 RCC-Tamale Mr. Joseph M. Dasanah

Regional Co-ordinating Director 0244330770

Mr. Eric Ofori-Arthur

Assist. Development Planner 0274758917

Ellis Assist. Dev. Planner 0243711856

8 EPA- Tamale Mr. Abu Iddrisu Regional Director 0243635902

9 Tamale Metropolitan Assembly

Mr. Stephen Tecku Works Engineer 0244849409

10 Nanumba North District Assembly, Bimbilla

Mr. Abdul Karim District Planning Officer -

Mr. Okaps DWST Leader 0242521009

11 Kpatori community Afa Ibrahim Chairman-WATSAN

Abdul Rashid Secretary-WATSAN

Mborana M. Acheampong

Assemblyman

Alhassan Osman Teacher

12 Buariyili Community

Mr. Anim Chairman-WATSAN

10.2 Stakeholder discussions and concerns

The following issues were raised and discussed:

Voluntary land donations

Community members consulted were willing to donate land purposely for the project in the interest

of the larger community. Traditional authorities as well as individual community members have

donated land for projects executed under CWSP II Phases 1 & 2 without any apparent problems.

Avoidance of displacement and impacts



Community sub-projects should be designed as much as possible to avoid destruction of habited

structures or business structures. Re-routing and re-designing should always be an option open to

the project.

Project land take

Communal or stool lands as well as public lands should be considered first in all cases followed by

family lands. Individual lands should be considered where no other options or alternatives are

available for the project.

Community sensitization

Community sensitization should form an integral part of the project. The beneficiary communities

should be made aware of their roles, responsibilities and contributions towards project

implementation.

Engagement with project affected persons

Project affected persons should be engaged and adequately informed or notified at every stage of

the project. The affected persons including voluntary land donors should be informed prior to the

undertaking of an activity on or close to their lands/property such as borehole siting, digging of

trenches and laying of pipes, construction of reservoirs etc.



11.0 REFERENCES

CWSA (2008) Workshop Report, Implementation of Environmental and Social Safeguards for the

Small Towns Water Supply and Sanitation Project (ESMF/SEA and RPF of the CWSP II Phase 2), Mr. S.

Larmie & Mr. E. K. Acquah, February 2008

CWSA (2010) Resettlement Policy Framework for the Sustainable Rural Water and Sanitation

Project, SAL Consult Ltd, Accra

Ministry of Local Government and Rural Development (2004) Resettlement Policy Framework for

the Strategic Environmental Assessment of the proposed Community Based Rural Development

Project (CBRDP), Technology Impro Associates Limited, Accra

Ministry of Lands and Forestry (2003) Ghana Land Administration Project- Resettlement Policy

Framework, Accra

Ghana Water Company Limited (2004) Ghana Water Sector Restructuring Project- Resettlement

Policy Framework, Draft Final Report. AY&A consult and Royal Haskoning, Accra

The World Bank- Operational Manual, Safeguard Policies

Ministry of Works and Housing (2000) Project Operational Manual for the CWSP II, CWSA



ANNEX



Annex 1

Monitoring Indicators

Budget and Time Frame

Land acquisition and resettlement team appointed and mobilized for work on schedule

Resettlement implementation activities achieved against implementation plan

Funds for resettlement allocated to resettlement agencies on timely and adequate

manner

Funds disbursement according to RP

Social preparation phase implemented on schedule

Land acquired and occupied in time for project implementation

Delivery of affected persons entitlements

Affected persons received entitlements according to numbers and categories

Affected persons received payments on time

Replacement land plots or contracts provided

Income and livelihood restoration activities implemented as given in the income

restoration plan

Ability of affected persons to access cultural sites and activities

Consultation, grievance and other issues

Implementation of scheduled consultation including meetings, groups and community

activities

Number of affected persons who know their entitlements

No of affected persons who have used the grievance redress procedure

No of resolved conflicts

Outcomes of resolved conflicts

Benefit monitoring

Comparison of pre- and post project patterns of occupation, production and resource use

Comparison of pre- and post project income and expenditure patterns

Changes in key social and cultural parameters relating to living standards

Comparison of pre- and post project cost of living

Impact on vulnerable groups.



Annex 2: Outline of a Resettlement Action Plan (RAP)

The sub- projects will prepare RAPs where required, taking account of the details provided in

this RPF, and including information to be obtained as necessary, to complement it.

Consultations with Stakeholders or their representatives should be employed to the maximum

possible extent throughout the processes of planning and implementation of resettlement.

As a minimum, the RAP should include:

Description of the sub- project;

Potential resettlement impact;

The number and categories of people affected;

Community participation i.e. consultations with and participation of the project-affected

persons and key Stakeholders in design and implementation of resettlement activities.

a matrix that shows – in the same terms as the RPF – the entitlements of the categories

of affected people;

a description of resettlement sites and programmes for improvement or restoration of

livelihoods and standards of living;

Special assistance to vulnerable persons affected by the project.

Institutional arrangements and processes for implementation and monitoring of the

RAPs.

The resettlement budget and implementation schedule.

The legal framework for implementation of resettlement and land acquisition

External and internal monitoring.

Grievance receiving channels and resolution mechanisms. Mechanisms for grievance

resolution should be accessible and affordable and will take into account the availability

of judicial recourse and alternative dispute resolution mechanisms.

Baseline census and socio-economic survey information on affected persons;

Insofar as possible, any further information that may be needed during Project implementation,

or the general issues that may need to be supplemented due to differing local conditions,

special situations or effects on people, etc, should be provided in the RAPs.

Documents

Japan Social Development (JSDF) - World Bankdocuments.worldbank.org/curated/en/234821468256741173/... · 2016-07-16 · compensation plan, (2) relocation and transfer, (3) income