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1 REPUBLIC OF TUNISIA NATIONAL SANITATION UTILITY (Office National de l’Assainissement - ONAS) NORTHERN TUNIS WASTEWATER PROJECT (P117082 & P118131) Land Acquisition Plan April 30, 2010 CONTENTS A. Introduction and Project Description B. Inventory/Description of Plot being Purchased C. Estimate of the population displacement D. Mitigation Measures to Reduce Potentially Negative Impacts E. Information Framework and Consultation with the stakeholders F. Institutional Arrangements for the implementation of the Acquisition Plan G. Conflict Management System H. Follow Up and Evaluation System I. Implementation Schedule and Budget Annex 1: Legal Framework of Land Acquisition in Tunisia Annex 2: Project Sites Map Annex 3: List of Persons and Institutions Met and Consulted as part of the Preparation for the Land Acquisition Plan Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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REPUBLIC OF TUNISIA

NATIONAL SANITATION UTILITY (Office National de l’Assainissement - ONAS)

NORTHERN TUNIS WASTEWATER PROJECT (P117082 & P118131)

Land Acquisition Plan

April 30, 2010

CONTENTS

A. Introduction and Project Description

B. Inventory/Description of Plot being Purchased

C. Estimate of the population displacement

D. Mitigation Measures to Reduce Potentially Negative Impacts

E. Information Framework and Consultation with the stakeholders

F. Institutional Arrangements for the implementation of the Acquisition Plan

G. Conflict Management System

H. Follow Up and Evaluation System

I. Implementation Schedule and Budget

Annex 1: Legal Framework of Land Acquisition in Tunisia

Annex 2: Project Sites Map

Annex 3: List of Persons and Institutions Met and Consulted as part of the

Preparation for the Land Acquisition Plan

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RP 919 v2

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Introduction

This Land Acquisition Plan (LAP) was prepared in the context of the preparation of

the Northern Tunis Wastewater Project financed by the World Bank. This Plan determines the

procedures required for land acquisitions needed for project implementation, and related

compensations, in accordance with the Tunisian regulation and the Operational Policies (OP)

of the World Bank (WB) defined under OP 4.12 on Land Acquisition.

The World Bank’s OP 4.12 deals with economic and social consequences directly

resulting from investment projects financed by the World Bank and caused by involuntary

taking of land leading to relocation or loss of shelter, loss of assets or access to assets, loss of

income sources or means of livelihood, whether or not the affected persons must move to

another location. Through the application of this policy, the World Bank aims at ensuring that

the project will have no negative socioeconomic impact on the people. If people undergo

negative impacts, they will receive support for resettlement and compensation in such a way

that their socioeconomic position will be at least as favorable as in the absence of a project. A

resettlement action plan, here a Land Acquisition Plan, shall be prepared to mitigate the

effects derived either from the loss of access to such property, or from the loss of income, or

livelihood. This plan must include measures to ensure that the affected people are:

- Informed about their options and rights pertaining to resettlement;

- Consulted on, offered choices among, and provided with technically and economically

feasible resettlement alternatives; and

- Provided prompt and effective compensation at full replacement cost for losses of

assets directly attributable to the project and before the start of the project activity.

The project includes the acquisition of a piece of private land covering a total area of 9

ha 23 a 10 ca and reserved for the establishment of a treated wastewater storage and

regulation basin and of a pumping station. It also includes passage of the transfer pipelines

along the Ariana – Kalàa Landalous road (Public road domain), along the right bank of the

drainage canal of El Hassayene (Public hydraulic domain), as well as at the Raoued Beach

and Seashore (Public maritime domain).

However, the piece of private land identified to host the basin and pumping station is

an agricultural area located in a hydromorphic zone with a quasi inexistent agricultural

activity.

This Land Acquisition Plan (LAP) was prepared by ONAS in consultation with the

Bank in order to ensure that the acquisition was performed in an appropriate manner, in

consultation with land owners, and that any potentially adverse impact is mitigated, in

accordance with OP 4.12. The present Plan and the following paragraphs demonstrate that the

measures taken by ONAS are in accordance with OP 4.12, particularly with respect to

information and consultation of affected persons, and to the requirement to provide full

replacement costs for any property losses resulting from the project activity.

The content of this report is based on the examination of project identification and

preparation documents, on information and data collected during field visits, on discussions

and meetings between stakeholders such as Raoued Delegation (Délégation de Raoued), the

Ariana Commissariat Régional de Développement Agricole (CRDA), the Commission for

Reconnaissance and Conciliation of the Ariana Governorate, (Commission de Reconnaissance

et de Conciliation du Gouvernorat de l’Ariana (CRC)). This Plan will be disclosed on the

ONAS and World Bank Infoshop websites, in an effort to make it available to the public. It

will also be disclosed in a location accessible to the affected populations (near the concerned

communes).

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A. Project Description

1. The Northern Tunis Wastewater Project aims at: i) developing an environmentally safe

disposal system for the treated wastewater which will not be reused in agriculture in the North

of Tunis; and ii) increase the quantity and quality of treated wastewater made available to

farmers to encourage its reuse in agriculture in the Borj Touil area.

2. The project comprises:

The installation of two HDPE pipelines of 1800 mm of diameter over about 2,500

meters for the transfer of treated wastewater by gravity from the existing discharge

point (oued Khalij-Raoued) to the future storage basin, along the right bank of the

main road, between the cities of Ariana and Kalàa Landalous through the commune of

Sidi Amor Boukhtioua.

The construction of a 5 hectares treated wastewater storage and regulation basin.

The construction of a pumping station near the basin, with a capacity of 2.7 cubic.

Meter per second, which will allow pumping treated wastewater (TWW) into the sea

through a terrestrial main and a submarine outfall.

The linkage of the aforementioned pipeline of 1,600 mm of diameter over 5.5 km in

length alongside the right side of the drainage canal of El Hassayene, from the

pumping station to the Raoued Beach, to the submarine outfall.

The submarine outfall of 1,600 mm of diameter and 6 kilometer long is made of two

parts, one part embedded over 1 km and the second part placed on the seabed .

B. Inventory/Description of land to acquire

3. The site of the storage and regulation basin and of the pumping station is part of a

registered plot (Title deed No 12635 Ariana), made of plot No G1002 on the Plan, with a total

area of 9 ha 23 a 10 ca, and belonging to 171 private co-owners. The land owner with the

most land owns 0.6 hectares. 29 land owners have more than 0.1 hectare, or 1000 sq. meters.

More than 100 land owners own land with areas smaller than 200 sq. meters. Additionally, the

piece of land is not properly parceled, which does not allow for land owners to identify their

property with accuracy.

4. The site is in an agricultural area. It is unexploited and unequipped and it does not bear

any construction. No sign allows indicating whether this piece of land has ever been exploited

in the past.

C. Estimate of the population displacement

5. The project does not lead to involuntary resettlement either residential or commercial

of local habitants, nor does it pose any threats to income or livelihoods or create/intensify

poverty or vulnerability.

D. Mitigation measures to reduce potentially negative impacts

Mitigation of impacts on expropriations

6. Expropriations have been minimized in accordance with the provisions of

Government’s Directives, which require that all public infrastructure projects make use of

state-owned land to the extent possible and avoid using expropriations unless no other

solution is available, and with due regard to the law in effect.

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7. Law no 2003-26 of April 14, 2003, which modifies and complements Law no 76-85 of

August 11, 1976 concerning the modification of the legislation governing expropriations by in

the interest of the public good, has reinforced the legal guarantees provided by the legislation

on property rights.

8. ONAS has made great efforts not to avoid disturbing existing structures, in particular

residences, farms, areas of religious or cultural heritage, or other areas of public value.

Additionally, in order to reduce negative impacts, the location of the basin and of the pumping

station is on an agricultural area of minor value. Also, the pipelines will be placed on public

land (roads, hydraulic and maritime).

9. ONAS cannot take possession of the land in question before the payment or

consignation of a fair and predetermined compensation has taken place, in accordance with

the provisions of Article 2 of Law no 2003-26 of April 14, 2003.

Potential positive impacts of the project on agricultural development

10. The project will contribute to improving the discharge of treated wastewater (TWW)

in the Northern Tunis area and to encourage increasing TWW reuse in the agricultural sector,

as well as to eliminate the impacts of the existing discharge point (open canal of El Khelij-

Raoued), which will have a positive effect on the immediate surroundings.

11. Additionally, the improved quality of TWW would encourage farmers of other zones

in the Greater Tunis area to use more TWW, thus allowing for more agricultural production.

E. Information Framework and Consultation with the Parties Affected by the

Project

12. World Bank specialists and representatives of ONAS visited the site to determine

which solutions need to be put in place in this particular case. The team has also met with the

representatives of the Ministry of Agriculture in charge of the development and operations of

the Public Irrigation Perimeter (IP) of Borj Touil. Two public consultations took place in the

context of the Environment and Social Impact Assessment (ESIA), the first one on

10/25/2009 and the second one on 01/08/2010. World Bank representatives were present at

both public consultations. They gathered farmers and inhabitants of nearby settlements, as

well as principal stakeholders, including local officials and various interested civil society

organizations – NGOs, associations representing various interest groups (environment,

agriculture, sanitation, etc…) and representatives of key ministries. The consultation allowed

presenting the main results and conclusions of ESIA, particularly the impacts, mitigation

measures and content of the Environmental Management Plan (EMP). The consultation also

allowed discussing the project concept, as well as site selection and arrangements of project

implementation. The participants were allowed to comment and ask questions, based on

which ONAS and the consultant in charge of preparing the ESIA provided answers and

clarifications.

13. The owners of the affected land areas as well as inhabitants of neighboring settlements

welcomed the project, as, in addition to contributing to an improve environmental quality in

the affected area, the project will provide farmers with improved TWW which is likely to

increase irrigation intensity leading to improved agriculture production in the Borj Touil IP.

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F. Institutional Arrangements for the Implementation of the Plan and for the

Conflicts Prevention and Resolution Mechanisms

14. The public authorities involved are, among others, the Ministry of Public Domains and

Land Affairs (MPDLA), the Commission for Reconnaissance and Conciliation of the Ariana

Governorate (CRC) (Commission de Conciliation et de Reconnaissance du Gouvernorat de

l’Ariana), the regional services of the Ministry of Equipment and Housing and of Land Use

Planning.

ONAS is responsible to prepare the necessary file and documents related to the

intention to carry out an expropriation for the private land required for the project, if it

is needed to take ownership of the land.

The CRC decides on this matter, and finalizes its work either through amicable

settlement, or by ordering the recourse to expropriation procedures.

The MPDLA is responsible for the promulgation procedures of the expropriation

decree.

In the event of an amicable agreement, ONAS will be concluding the acquisition

contracts. The Office is also in charge of providing full compensation to affected land

owners in cases of expropriation.

G. Conflict Management System:

15. Types of conflicts: In practice, complaints and conflicts which occur during

acquisition, expropriation or allotment of land necessary to sanitation projects are the

following:

o Complete refusal of the idea of ceding land;

o Refusal of the monetary compensation proposed by the government;

o Title deed not up-to-date and old land titles;

o Conflicts between land owners.

16. Proposed mechanisms: Since ONAS projects directly affect the daily lives of citizens,

because sanitation is considered as a vital sector similar to electricity or potable water, people

are generally willing to participate and facilitate the realization of these projects. As soon as

ONAS announces the project, citizens, local authorities, communes and NGOs join efforts to

align the views of the land owners or renters/users of the land with ONAS’ view; and it is

because of this that compensations or land acquisition necessary for the projects normally are

done amicably on the basis of simple expertise, which accounts for the value, nature of the

plot and prices of similar land.

17. Institutional Framework for Conflict Management: If the problem persists –namely, if

the land owners feel prejudiced or claim that their rights have not been preserved– they can

appeal to the competent legal authorities, in conformity with the law relative to expropriation

by reasons of public good and the Tunisian administrative rules in effect.

18. Expropriation by reasons of public interest: If the land owners consider the

compensation set by ONAS to be underrated, they have the right to request legal expertise to

reevaluate the value of the land, in accordance with Article 30 of the Law no 2003-26 of April

14, 2003 relative to expropriation, such conflicts fall within the competence of the local court

where the building (or in this case, the plot) is located. The verdict can be appealed by either

party.

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H. Follow Up and Evaluation System:

19. ONAS will seek amicable agreements with the land owners. For this purpose, various

approaches, information and communications are used, such as:

Contacts with the land owners are made either directly during field visits, or by

summon through the local and regional authorities using their own resources.

The second public consultation which took place on January 8, 2010 and presented the

results of the social and environmental impact assessment for the project. This second

consultation was announced in several ways: (i) through the Regional Directorate, as

is the normal channel for the information of the land owners in Tunisia; (ii) newspaper

announcement on January 8; and (iii) by mail to the people who attended the first

consultation. Its results led to the publication of press articles in the newspaper on

January 10, 11 and 12, 2010.

A first information and outreach meeting with land owners took place on December

29, 2009 at the headquarters of the Raoued Delegation, of which about 70% belonging

to the same family, had chosen, after the first public consultation of October 25, 2009,

to be represented by their (19) heads of family(chefs de famille).

On February 9, 2010, the public intention to proceed to expropriation was publicly

announced in the newspaper as described here.

20. ONAS is equally in charge of the land survey and of the preparation of all

documentation necessary to finalize the land acquisition in accordance with the law. ONAS

will ensure that mitigation measures will have been satisfactorily implemented before the

implementation of project activities involving land acquisition and that all necessary

conditions to proceed to the implementation stage have been fulfilled.

I. Implementation Schedule and Budget

21. The monetary value of the land to be acquired has been fixed by an expert of

state lands to 369,240 dinars, or 4,000 (four thousand) dinars per hectare and the

acquisition will be funded by ONAS within the framework of its program.

22. On December 24, 2009, ONAS filed with the Ministry of State Domains and Land

Affairs, through the Ministry of Environment and Sustainable Development (MESD), a

request for the intervention of the CRC of the Ariana Governorate in order to proceed with the

procedures defined by the law.

23. After examination of the ONAS’ request, said Ministry requested on January 21, 2010

that the CRC engages in the matter.

24. For that purpose, CRC has ordained as of February 9, 2010, that public announcement

be made for the « intent of expropriation of the piece of land referred to ».

25. In addition, CRC met on February 11, 2010 in the presence of all its members and

decided to summon all land owners in accordance with the law.

26. Thus, given the deadlines set by law, the procedures will take place until the first two

weeks of May, 2010, when CRC makes it final decision.

A/ - Conciliation decision ► reaches amicable acquisition of the piece of land

referred. The steps include submission of the file for approval by the Board of

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Directors of ONAS, and therefore, establishment of sales contracts and taking

possession of the land, scheduled for the month of July 2010.

B/ - Decision to follow expropriation procedures ►leads to the promulgation of the

necessary decree through the MPDLA (two months following the aforementioned

date, or during the month of June, 2010).

27. Henceforth, ONAS takes possession of the land after getting a court decision related

thereto and after depositing the corresponding compensation for expropriation within two

months, namely in September, 2010.

DRAFT LAND ACQUISITION SCHEDULE

procédures Année ► 2009 2 0 1 0 2 0 1 1

▼ Month ► 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5

1st public consultation (ESIA)

1st meeting to raise Delegation’s awareness

File registry at MPDLA through MESD

2nd

public consultation

File registry by MPDLA at CRC

Launch of procedures by CRC

Advertisement of intent to expropriate 1st CRC meeting

1-If decision is in favor of amicable acquisition

CA-ONAS approval + sales contracts

Possession of the land

2-If decision is in favor of expropriation

Publication of decree by MPDLA

*File a law suit by reasons of expropriation

*Rendering of judgment from local court

ordering land possession

through deposit of compensation amount

*enforcement of decision

*start of works

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ANNEX 1: Legal framework controlling land acquisitions in Tunisia

In Tunisia, the legal regime controlling land ownership differs according to the nature of the

property itself. There are two types of legal regimes:

I. Private Property

II. State Property

I. Private Property:

Property right is a fundamental right guaranteed by article no 13 of the Constitution, but also

by law (code of property rights and code of obligations and contracts), and therefore, there are

two ways of becoming the owner of a building:

1. Amicable acquisition: This is the principle way, since it is characterized by a sales

contract based essentially on an agreement of parties and controlled by civil law (Code of

Obligations and Contracts – COC – and Code of Property Rights – CPR).

2. Expropriation: pursuant to article 20 of CPR, by which “No one can be forced to cede

his property except as provided by law and only by means of a suitable compensation”,

expropriation is the exception to amicable acquisition, since it is resorted to only in

specific cases and under certain conditions, and is limited by the law on expropriation

(Law 76-85 of August 11, 1976 pertaining to expropriation by reasons of public interest).

Recourse to expropriation is possible only:

a. For the Government and subordinate departments

b. By reasons of public interest

Recourse to expropriation is possible only in the following situations:

a. Owner’s refusal to sell

b. Price considered excessively high

c. Ownership information not up-to-date

Likewise, and in order to provide more guarantees to the owners, the Law of April 26, 2003

created a Commission for Inspection and Conciliation for each governorate, presided over by

a magistrate whose fundamental role is to work toward the conclusion of an agreement

between the parties involved in the expropriation, concerning the values of the buildings to be

expropriated (Article 10 of Law no 2003/26 of April 14, 2003).

If an agreement is reached, a sales contract will be established, otherwise, if the disagreement

persists, the owner has a right, after the announcement of the expropriation decree, to resort to

law to claim the compensation which he deems appropriate.

II- State Property (allocation procedures)

If the land belongs to the State, ONAS will request for the allocation of this land.

- ONAS transmits the allocation request to the Ministry of Public Domains and Land

Affairs (MPDLA), with a technical attachment including:

o Parcel plan and site plan

o Certificates of ownership or copy of the title deed

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o Copies of authorizations from the Ministry of Agriculture (CRDA) if this is an

agricultural plot

- Once the file is transmitted to the MPDLA, ONAS follows up with the departments

involved, within the MPDLA, or other Ministries, until the MDPLA replies (the

allocation of the plot is done through a certification signed by the Minister of Public

Domains and Land Acquisition, through which the plot will be registered as Public

hydraulic domain (PHD).

- Upon receiving the certification of registration of the allocated plot as PHD, ONAS

sends a letter to the Regional Directorate of State Domains to request appropriation of

the plot; the latter makes necessary arrangements to make the plot available to ONAS

(inform occupants, modify rental contracts, etc…).

ANNEX 2: Map of Project Sites

PPI Borj Touil PPI Borj Touil PPI Borj Touil PPI Borj Touil

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ANNEX 3: List of Persons and Institutions Consulted as Part of the Preparation for the

Land Acquisition Plan

Last and First Name Institutions Mr. LARGUECH, Ali Department of Rain Waters, ONAS

Mr. ZAGHDENE,

Nasreddine

Division of Domains and Insurance, ONAS

Mr. El HAMMAR, Ridha Service of Registry and Land Settlements, ONAS

Mrs. LAATIRI, Rabia DGGREE, Ministry of Agriculture and Hydraulic Resources

Mrs. BEN AMOR, Thouraya C.R.D.A. of Ariana

Mr. REGBI, Hedi C.R.D.A. of Ariana

Mr. BEN HARB,

Abdessalem

President of the Rural Counsel, Borj Touil

Ministry of State Domains and Land Affairs

Raoued Delegation

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ANNEX 4: List of Basin Site Owners as Registered with the Land Titling Department

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