World Bank Document...ROYAL HASKONING HASKONING NEDERLAND BV ENVIRONMENT Hoofdweg 490 P.O. Box 8520 Rotterdam 3009 AM The Netherlands +31 (0)10 286 54 32 …

RP238Volume 1

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Ghana Water Sector Restructuring ProjectResettlement Policy Framework

Ghana Water Company Ltd.

April 2004Draft final report9P2503

g AY & A CONSULT ULIEDROYAL HASKONING

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ROYAL HASKONING

HASKONING NEDERLAND BV

ENVIRONMENT

Hoofdweg 490

P.O. Box 8520

Rotterdam 3009 AM

The Netherlands

+31 (0)10 286 54 32 Telephone

+31 (0)10 456 23 12 Fax

[email protected] E-mail

www.royalhaskoning.com Internet

Arnhem 09122561 CoC

Document title Ghana Water Sector Restructuring Project

Resettlement Policy Framework

Document short title Ghana WSRP RPF

Status Draft final report

Date April 2004

Project name Environmental, Resettlement and Dam SafetyStudies for Ghana WSRP

Project number 9P2503

Author(s) Fr6deric Giovannetti

Client Ghana Water Company Ltd.

Reference 9P2503/R/FG/Rott1

Drafted by Frederic Giovannetti

Checked by Martine Leman

D ate/initials check ...................... ......................

Approved by Henk Blok

D ate/initials approval ...................... ......................

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SUMMARY

Project scope and organization

The Water Sector Restructuring Project is intended to increase urban water availability,to extend distribution networks (especially to low income consumers), and to assist thesector in establishing a sustainable financial basis. It would also support theintroduction of the private sector into management and operation of the systems undereither a lease or management contract arrangement. The Government of Ghana hasestablished a Project Management Unit (PMU) within the Ministry of Works and Housing(MWH) to carry out the government's project preparation responsibilities.

The Project includes upgrading of water production and/or distribution in 19 major townsand cities of Ghana, including all 6 region capitals and 13 other towns. The estimatedcost of the Project is USD 150 M, to be funded by the Government of Ghana and an IDAloan from the World Bank.

Project impacts on assets and livelihoods

Although final designs were not available at the time of preparing this ResettlementPolicy Framework (RPF), significant Project impacts on assets and livelihoods appearunlikely. Anticipated impacts of the First Year Implementation Programme include:

* The acquisition of about 25 hectares of land near Cape Coast, to accommodatethe needs of a dredging spoil disposal site,

* The temporary displacement of a number of displaceable structures (containers,kiosks) located alongside roads within road reservations that are to be used forconstruction of the pipelines; these displaceable structures are used for businesspurposes (shops, workshops, etc...),

* No impact on inhabited structures is anticipated,. No impact on livelihoods of such magnitude that it may require livelihood

restoration assistance is anticipated.

However, as sub-projects are not known in sufficient detail at the time of writing thisResettlement Policy Framework, provisions are made in the RPF to accommodate allpotential situations, including cases that may entail actual displacement/resettlement,and livelihood restoration assistance in concordance with the WB policy on InvoluntaryResettlement.

Specifically, any sub-project entailing impacts on inhabited dwellings shall be rerouted orredesigned to eliminate such impacts wherever practical.

In situations where all components of a project are not known in all details at the time ofappraisal, and it is therefore impossible to prepare full, detailed Resettlement ActionPlans (RAPs), World Bank Operational Policy on Involuntary Resettlement OP 4.12requires the borrower to develop a Resettlement Policy Framework instead. RAPs forindividual packages of civil works will be prepared, approved, disclosed andimplemented before the relevant civil works are initiated, in consistency with principlesset forward in this RPF.

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Legal and institutional background

The legal and institutional background of land acquisition and resettlement in Ghana iscomplex. Amongst the numerous land-related laws passed in the last 45 years, the mostrelevant to this Project are:

* The 1992 Constitution, which establishes the right of any Ghanaian displaced by apublic interest project to be resettled by the State,

. The 1962 State Lands Act, which details the processes and procedures requiredby compulsory acquisition of land.

Early post-Independence laws, still applicable, have paved the way for a process, widelypracticed just after Independence and afterwards, where the State is taking land bypowers of eminent domain and pays no compensation unless required to do so by aCourt ruling, which needs to be triggered by a claim from the affected landowner. Thislegal possibility has had the following results:

* misuse and abuse of compulsory acquisition by the State,* innumerable Court actions, following claims that were estimated in 1999 at about

1 billion Cedis (USD 110,000).

This legal possibility has been widely used by all public institutions in Ghana, includingGWCL and its predecessor body, GWSC.

Ghana has a number of land agencies to deal with various aspects of land policies. Themost relevant ones in the case of this Project are the Lands Commission, and the LandValuation Board. There are attempts to reform the whole legal and institutional setting ofland policies, with the recently launched World Bank-backed Land AdministrationProgramme, a pilot operation in this respect.

In addition to Ghanaian laws, all Project compensation and resettlement activities will bedeveloped and implemented in compliance with WB OP 4.12 "Involuntary Resettlement".

Proposed Project resettlement policy

Driving principles of the Project resettlement policy are as follows:* Any impact of WSRP on land and/or people shall be addressed in compliance

with the Constitution of Ghana, with other Ghanaian regulations, and with theWorld Bank safeguard policy on involuntary resettlement (OP 4.12). Wherethere are gaps or inconsistencies between Ghanaian laws and the World Bankpolicy, the World Bank policy OP 4.12 will apply.

. Wherever inhabited dwellings may potentially be affected by a component of asub-project, the sub-project shall be redesigned (facility relocation, rerouting) toavoid any impact on such dwellings and to avoid displacement/relocationaccordingly.

* Wherever the impact on the land holding of one particular household is such thatthis households may not be sustainable in the long term, even if there is no needto physically displace this household, the sub-project shall be redesigned (facilityrelocation, rerouting) to avoid any such impact.

. Minimization of land impact will be factored into site and technology selectionand design criteria.

. Pipelines, public taps, other linear infrastructures (power lines) required by theWSR Project will be routed inside existing right-of-ways, easements orreservations (roads, streets, power lines) wherever possible.

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* For each sub-project, a cut-off date will be determined, taking into account thelikely implementation schedule of the sub-project, to avoid massiveencroachment of non-eligible occupants into Project affected spaces.

* People occupying Project-affected land at the cut-off date are eligible to Projectresettlement policy, which includes both those who have legal rights to land,including customarily recognized rights, and occupants who have no legal rightto the land they are occupying. In practice, this means that people usuallyconsidered in Ghana as "squatters" will be entitled to Project assistance as longas they are present on site at the cut-off date.

* Where impact on land is such that people may be affected in the sustainability oftheir livelihoods, preference will be given to land-for-land solutions rather thancash compensation, and livelihood restoration measures will be taken.

* Compensation shall be paid prior to displacement / land entry.* Compensation will be at full replacement value.. Information and consultation will take place before the process leading to

displacement is launched in each particular location concerned by a sub-project.* Vulnerable people will be specifically taken care of.. A dedicated grievance registration and processing mechanism will be put in

place, in addition to usual judicial processes.

Implementation responsibilities

Implementation responsibilities for each major task are detailed in this RPF. Much of thework load will fall under the Project Management Unit and GWCL Regional Offices. It isobserved that these entities have at present nor the experience nor the capacity to dealeffectively with land acquisition issues in the perspective of compliance with both WorldBank policies and Ghanaian laws, which is expected to prove a fairly demandingexercise. As a result, it is advised that the PMU should benefit from some capacitybuilding and technical support, particularly at the critical stage of preparing the firstRAPs, and in addition to the training workshop planned under the same assignment asthe one including the development of this RPF.

Budget and funding

Budget estimates are rough and tentative as routing and siting of most Projectcomponents were not finalized at the time of preparing this RPF. For the First YearImplementation Programme, the compensation and resettlement budget is estimated ata total of about 6 Billion Cedis or USD 660,000.

Out of this total, compensations of about 4.5 Billion Cedis, or USD 490,000 need to beprovisioned by the Government of Ghana, as the World Bank does not disburse againstcompensation.

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Risks

By World Bank standards, usual Ghanaian practice of dealing with compensation issueswould not be acceptable. It is not easy to combine the requirements of both Ghanaianregulations (including their notification and disclosure requirements) and the World Banksafeguard policies, particularly in terms of articulating schedules. There are significantrisks of delays to the Project if these issues are not addressed early in theimplementation, as soon as preliminary designs are available for at least some of theSub-Projects. It is therefore advised that as soon as Sub-Project designs are availablefor some Sub-Projects, RAP development be immediately contracted out to consultants.

Another risk is that old compensation claims may emerge when a fresh compensationcampaign is undertaken for new components of schemes, certain parts of which mayhave been built without due compensation in the past.

The risk of massive encroachment into areas affected by the Project must be addressedby setting cut-off dates for each Sub-Project.

Ghana WSRP RPF 9P2503/R/FG/RottlDraft final report - iv - April 2004

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CONTENTS

PageSUMMARY ....... I

0 INTRODUCTION .. 1

0.1 Scope of the assignment .1

0.2 Scope and contents of this report .1

0.3 Key definitions .21 DESCRIPTION OF THE PROJECT . . 3

1.1 Project rationale and objectives .3

1.2 Project components .3

1.3 Baseline information on Project target towns and cities .62 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS . . 7

2.1 Overview .7

2.2 Generic project impacts on assets and livelihoods .7

2.3 First year implementation plan .11

2.4 Tentative quantification of FYIP impacts on assets and livelihoods .133 LEGAL AND INSTITUTIONAL BACKGROUND . .14

3.1 Overview .14

3.2 The Constitution of the Republic of Ghana, 1992 .14

3.3 The state lands act, 1962 .15

3.4 The lands (Statutory Wayleaves) act, 1963 .16

3.5 Land tenure in Ghana .17

3.6 Institutional background .18

3.7 World Bank safeguard policy on involuntary resettlement .21

3.8 Gaps between Ghanaian regulations and World Bank policies .22

3.9 Experience in complying with World Bank policies in Ghana .234 PRINCIPLES, OBJECTIVES, PROCESSES . .24

4.1 Principles and objectives .24

4.2 Processes .265 ENTITLEMENTS .. 30

5.1 Generic entitlement matrix .30

5.2 Application of the entitlement matrix to some known Project situations . 306 VALUATION AND COMPENSATION RATES . .36

6.1 Valuation and compensation of crops .36

6.2 Valuation and compensation of structures .36


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6.3 Valuation of losses of income for businesses ................................................. 36

6.4 Disturbance allowance ................................................. 36

7 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS . . 37

7.1 Potential grievances/disputes .................................................. 37

7.2 Proposed grievance management and redress mechanism ............................. 37

7.3 Administrative mechanism and appeal to Court ................................................ 38

7.4 Documentation and tracing .................................................. 39

8 VULNERABLE GROUPS .................................................. 40

8.1 Identification of vulnerable groups .................................................. 40

8.2 Assistance to vulnerable people .................................................. 40

8.3 Provisions to be made in RAPs/ARPs .................................................. 40

9 MONITORING AND EVALUATION .................................................. 41

9.1 General objectives of monitoring and evaluation .............................................. 41

9.2 Monitoring .................................................. 41

9.3 Evaluation .................................................. 41

10 CONSULTATION AND DISCLOSURE ........................................... 43

10.1 Consultation on the Resettlement Policy Framework ........................................ 43

10.2 Consultation on RAPs and ARPs .................................................. 43

10.3 Disclosure requirements .................................................. 43

11 IMPLEMENTATION RESPONSIBILITIES ......................................... 45

11.1 Implementation responsibilities .................................................. 45

11.2 Resources, technical support and capacity enhancement ................................ 46

12 BUDGET AND FUNDING .................................................. 48

12.1 Budget of resettlement activities related with FYIP ........................................... 48

12.2 Arrangements for funding .................................................. 49

12.3 Compensation payment procedure .................................................. 49

12.4 Priority tasks .................................................. 49

LIST OF TABLES

Table 1: Main components planned to be constructed under the FYIP ............................ 4

Table 2 General demographic information on Project target towns/ cities ....................... 6

Table 3 Generic Project impacts on assets and livelihoods ............................................. 9

Table 4 Comparison of Ghanaian regulations with World Bank policies ........................ 22

Table 5 Entitlement matrix ................................................. 33

Table 6 Implementation responsibilities ........................... 45


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LIST OF FIGURES

Figure 1: Map of Ghana - Administrative boundaries and Project locations ....................... 5

Figure 2: Sub-Projects without land acquisition - Resettlement preparationprocess ................................................................ 27

Figure 3: Sub-Projects with land acquisition - Resettlement preparation process ........... 28

LIST OF APPENDICES

Appendix 1: List of Officials met

Appendix 2: List of documents reviewed and/or used

Appendix 3: Project description (FYIP)

Appendix 4: World Bank policy on involuntary Resettlement (OP 4.12)

Appendix 5: Framework for the census of affected assets and people

Appendix 6: Outline of a Resettlement Action Plan

Appendix 7: Outline of an Abbreviated Action Plan

Appendix 8: Crop Rates (January 2002) per Acre

Appendix 9: Comparison of LVB crop rates with full replacement value

Appendix 10: Template of a claim registration and follow-up from

Appendix 11: Template of a consultation meeting minute form

Appendix 12: Template itemization of a RAP/ARP budget


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LIST OF ACRONYMS

ARP Abbreviated Resettlement Plan

EAMP Environmental Assessment and Management Plan

EIA Environmental Impact Assessment

EMP Environmental Management Plan

EMS Environmental Management System

EPA Environmental Protection Agency

ESR Environmental Scoping Report

FYIP First-Year Implementation Plan

GOG Government of Ghana

GPRS Ghana Poverty Reduction Strategy

GWCL Ghana Water Company Ltd.

IDA International Development Association

LVB Land Valuation Board

MWH Ministry of Works and Housing

OP Operational Policy

PAP Project-Affected Person

PMU Project Management Unit

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

RTP Resettlement Training Plan

TOR Terms of Reference

WB World Bank

WBG World Bank Group

WRC Water Resources Commission

WSRP Water Sector Restructuring Project

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0 INTRODUCTION

0.1 Scope of the assignment

This Resettlement Policy Framework was prepared for the whole Water SectorRestructuring Project (WSRP - "the Project") in Ghana. The study is intended tocontribute to the design and appraisal of the WSRP by the Government of Ghana(GOG) and the World Bank.

The consulting contract between the Ghana Water Company Ltd and Royal Haskoningalso includes the development of a Resettlement Training Plan (RTP), an EnvironmentalAssessment and Management Plan and of a Dam Safety Assessment.

0.2 Scope and contents of this report

This report is the draft Resettlement Policy Framework (RPF) for the Water Supply andSanitation Project. It was prepared in April 2004 by Fr6d6ric Giovannetti acting as asub-consultant to Royal Haskoning, and Dr Kwaku Agyeman-Mensah, a Ghanaianexpert sub-contracted through AY & A, a Ghanaian consultancy.

The development of a RPF is a requirement for projects that may entail involuntaryresettlement under the World Bank safeguard policy on involuntary resettlement (OD4.12, December 2001). In addition to this introduction, the report includes the followingchapters:

1. Description of the Project2. Potential Project impacts on land and people3. Legal and institutional framework4. Principles, objectives and processes5. Entitlements6. Valuation and compensation rates7. Grievance management mechanisms8. Vulnerable groups9. Monitoring and evaluation10. Implementation responsibilities11. Consultation12. Budget and funding

In addition to meeting WB requirements, this RPF is intended at providing practicaltoolkits for Project practitioners, who may have to be exposed to resettlement issuesduring the course of Project implementation, such as outlines for RAPs and ARPs, andcensus instruments. The RPF will be complemented by a training course, during whichProject practitioners will be made familiar with its content by the Consultant.

Appendix 1 presents the list of officials interviewed during the course of the assignment.Appendix 2 provides a list of documents used for the development of this report.

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0.3 Key definitions

Project: The Water Sector Restructuring Project.

Sub-Project: A water supply and/or sanitation project within the WSR Project benefitingone rural community or one town.

Project-Affected Person (PAP): A person that loses assets and/or usage rights and/orincome generation capacities (e.g., land, structures, crops, businesses) because theseassets/rights/capacities are located in land to be acquired for needs of the Project. Notall PAPs are displaced due to the Project, but all are potentially affected either in assetsthey hold or use, or in their ability to maintain their livelihood.

Host Communities: Communities receiving resettled people as a result of resettlementplans.

Replacement Cost: The method of valuation of assets that helps determine the amountsufficient to replace lost assets and cover transaction costs. In applying this method ofvaluation, depreciation of structures and assets should not be taken into account. Withregard to land and structures, "replacement cost" is defined as follows:

* For agricultural land, it is the pre-project or pre-displacement, whichever ishigher, market value of land of equal productive potential or use located in thevicinity of the affected land, plus the cost of preparing the land to levels similar tothose of the affected land, plus the cost of any registration and transfer taxes.

* For land in urban areas, it is the pre-displacement market value of land of equalsize and use, with similar or improved public infrastructure facilities and servicesand located in the vicinity of the affected land, plus the cost of any registrationand transfer taxes.

* For houses and other structures, it is the market cost of the materials to build areplacement structure with an area and quality similar to or better than those ofthe affected structure, or to repair a partially affected structure, plus the cost oftransporting building materials to the construction site, plus the cost of any labourand contractors' fees, plus the cost of any registration and transfer taxes.

* In determining the replacement cost, depreciation of the asset and the value ofsalvage materials are not taken into account, nor is the value of benefits to bederived from the project deducted from the valuation of an affected asset.

* Where domestic law does not meet the standard of compensation at fullreplacement cost, compensation under domestic law is supplemented byadditional measures so as to meet the replacement cost standard.


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DESCRIPTION OF THE PROJECT

1.1 Project rationale and objectives

The Government of Ghana considers the provision of potable water as a critical elementin its policy for sustainable economic development and poverty reduction. TheGovernment is committed to ensuring that all Ghanaians have access to potable waterand has outlined this objective in the Ghana Poverty Reduction Strategy (GPRS, finaldraft dated February 2003). In line with this commitment, the GoG, through the Ministryof Works and Housing, has the following four objectives for the urban water sector:

* To expand the reliable supply of safe water in the urban areas;* To ensure that poor households have access to potable water at affordable

prices;* To ensure sustainability of the sector through cost recovery and improved

management; and* To ensure an adequate and steady flow of investment funds, with an emphasis

on low cost and concession financing.

As part of this strategy, the WSRP is designed to increase urban water availability, toextend distribution networks (especially to low income consumers), and to assist thesector in establishing a sustainable financial basis. It would also support the introductionof the private sector into management and operation of the systems under either a leaseor management contract arrangement. GoG has established a Project Management Unit(PMU) within the Ministry of Works and Housing (MWH) to carry out the government'sproject preparation responsibilities.

1.2 Project components

The proposed program of civil works for the first year of the WSRP is composed entirelyof upgrades and extensions to existing assets, mostly water transmission anddistribution lines, all within existing municipal boundaries. The GWCUPMU hascommissioned detailed engineering work for these civil works, which will result inconstruction specifications and drawings for inclusion in tender documents. The exactlocation of extensions to the water transmission/distribution systems will be determinedby this detailed engineering work. New transmission lines are expected to be locatedwithin existing rights-of-way, and distribution lines along existing streets/roads.

Figure 1 locates Project sites included in the First Year Implementation Plan (FYIP) on amap of Ghana. Table 1 summarises the civil works included under this FYIP.


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Table 1: Main components planned to be constructed under the FYIP

Region Locality and summary project descriptionAshanti Obuasi: Mains extensions (13km)Region Agona/Jamasi: New (2) and redevelopment of (1) boreholes

Kumasi City: Mains extensions (8km) and reinforcemenVrenewal (10km)Kumasi South: Mains extension (0.5km)Kumasi West: Mains extension (14km)Kumasi East: Mains extensions (2km)Kumasi North/East: Mains extensions (5km) plus booster stationMampong: Mains extensions (8km)

Central Cape Coast: Dredge Brimsu reservoir; mains renewals (4km) and extensions (6.6km)Region Elmina: Relocation of pipelines (3.2km)

Komenda: Reinforcement of pipelines (5km)

Greater Accra Accra Northwest: Mains extensions (35.5km); pipeline replacements (6.5km)Accra West: Mains extensions (25km); pipeline replacements (2.8km)Accra East: Mains extensions (11km); pipeline replacements (5.2km)Tema: Mains extensions (1 4.6km)

Northern Tamale: Pipeline extensions (8km) and replacements (8.4km)RegionUpper East Navrongo: New boreholes and power extensions (3); new transmission mains (3km);Region tank rehabilitation

Bawku: Rehabilitation of boreholes (5); extension of VRA grid (10km); newtransmission mains (3km)

Volta Region Ho: Mains extensions (12.5km); distribution improvement (3km)Hohoe: Mains relocation (2km) and extension (3km)Denue/Aflao: Mains extension (5km) and tank rehabilitationPeki: Mains extensions (2km)

Western Secondi/Takoradi: Mains extensions (19.5km)Region

A more detailed description of the proposed works is presented in Appendix 3.


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Figure 1: Map of Ghana - Administrative boundaries and Project locations

BURKINA FASO - *Bawku LEGEND…- - - - - - - *B-k-t LEGEN_ TNav~ i ' I _ _ _._International Boundary

/Navrongo Bolgatanga / ----- Regional Boundary

UPPER EAST REGION _ Regional Capital

- l UPPER WEST REGION .. , ' ProjectTown- UPPER WEST REGION A / ' U Regional Capital and

_ I *, Wa v-) o Project Town

/ -- I_

Tamale

., NORTHERN REGION N

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1.3 Baseline information on Project target towns and cities

Table 2 hereunder presents summary demographic information on the towns and citiesthat are targeted by the Project.

Table 2 General demographic information on Project target towns/ cities

Population (census results) Housing, 2000

2000 1984 1970 Average

Town/!oue Households householdRegion City Total Male Female Total Total houses size

Obuasi 115,564 56,593 58,971 60,617 31,005 9,797 24,729 4.7

Agona 9,321 4,660 4,661 6,010 4,204 811 1,834 5.1

Ashanti Jamasi 9,096 4,323 4,773 6,892 4,892 925 1,656 5.5

Kumasi 1,170,270 587,012 583,258 469,628 346,336 67,434 231,653 5.1

Mampong 31,740 14,889 16,851 20,228 13,895 2,425 7,037 4.5

C- Coast 82,291 39,512 42,779 65,763 56,601 6,847 20,323 4.0

Central Elmina 21,103 9,960 11,143 16,970 11,401 2,190 5,362 3.9

Komenda 12,278 5,930 6,348 5,287 5,966 964 2,584 4.8

Greater Accra 1,658,937 817,404 841,533 969,195 624,091 131,355 365,550 4.5

Accra Tema 141,479 68,467 73,012 100,052 60,767 17,199 25,685 5.5

Northern Tamale 202,317 100,854 101,463 135,952 83,653 15,873 33,079 6.1

Upper Bawku 51,379 25,065 26,314 34,074 20,567 4,318 7,119 7.2East Navrongo 15,983 7,615 8,368 19,690 11,031 1,665 3,386 4.7

Ho 61,658 29,595 32,063 37,777 24,199 6,853 15,183 4.1

Aflao 38,927 17,921 21,006 20,904 15,397 3,703 9,185 4.2Volta

Hohoe 35,277 16,426 18,851 20,994 14,775 3,400 7,510 4.7

Denu 4,959 2,317 2,642 4,237 2,675 564 1,214 4.1

Sekondi 114,157 56,697 57,460 70,214 63,673 9,935 27,721 4.1Western

Takoradi 175,436 86,794 88,642 117,989 80,309 14,882 40,499 4.3


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2 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS

2.1 Overview

It is expected that the Project will have overall limited impacts on assets and livelihoods:

. Impacts on land are limited as most land required for Project constructionappears to be available in existing right-of-ways (existing road reservationswhere pipelines, mains, and distribution are to be sited and constructed),

* Provisions are made under this RPF to minimize impacts: specifically any sub-project entailing impacts on inhabited dwellings shall be rerouted or redesignedto eliminate such impacts wherever practical,

* The expected impacts of the First Year Implementation Programme (FYIP)include:* The acquisition of about 25 hectares of land near Cape Coast, to

accommodate the needs of a dredging spoil disposal site,* The temporary displacement of a number of displaceable structures

(containers, kiosks) located alongside roads within road reservations that areto be used for construction of the pipelines; these displaceable structures areused for business purposes (shops, workshops, etc...),

* No impact on inhabited dwellings is anticipated,* No impact on livelihoods of such magnitude that it may require livelihood

restoration assistance is anticipated.

However, as sub-projects are not known in sufficient detail at the time of writing thisResettlement Policy Framework, provisions are made in the RPF to accommodate allpotential situations, including cases that may entail actual displacementresettlement,and livelihood restoration assistance in concordance with the WB policy on InvoluntaryResettlement.

This policy is triggered by the anticipation of some impacts on assets and livelihoods,however limited these impacts may eventually turn out to be. In situations where allcomponents of a project are not known in all details at the time of appraisal, and it istherefore impossible to prepare a full, detailed Resettlement Action Plan, OP 4.12requires the borrower to develop a Resettlement Policy Framework instead. RAPs forindividual packages of civil works will be prepared, approved, disclosed andimplemented before the relevant civil works are initiated, in consistency with principlesset forward in this RPF.

2.2 Generic project impacts on assets and livelihoods

2.2.1 Categorization of impacts by type of sub-projects

Table 3 shows in generic terms what impacts on assets (land, crops, and structures)and livelihoods can be expected given the types of project activities that are envisionedunder the WSRP.

2.2.2 Categorization of Project land needs

Land required for the Project may fall under the following three categories:Land permanently required for construction and operation (example: footprint ofa permanent facility like a well or a treatment plant);

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* Land temporarily required for the duration of construction activities (example:access track that will be reclaimed after construction, or staging area that acontractor will use for the duration of construction of a given facility);

* Rights-of-Way, i.e. land that can still be used by its former users during operationof the facility subject to certain restrictions (example: power line corridor, pipelinecorridor).

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Table 3 Generic Project impacts on assets and livelihoods

Type of project Potential impacts on assets and livelihoodsactivities

Land Crops Structures Livelihoods

Extension, replacement, * Permanent acquisition of * Destruction of standing * Destruction of permanent * Where crops are affected,rehabilitation of land required for ancillary crops on areas acquired immoveable structures impacts on livelihoods ofdistribution networks, facilities permanently located within the pipeline affected farmers (potentiallyincluding ancillary * Acquisition of easement * Damage to crops on areas route or within the footprint including both owners andfacilities (tank, booster rights for pipes, where these occupied temporarily of ancillary facilities occupants/users)stations, etc) are not laid in existing * Temporary displacement of * Where structures used for

easements moveable structures located business purposes are

* Temporary occupation within the pipeline route or affected, impacts on livelihoodsduring construction (access, within the footprint of of business persons (potentiallystaging areas) ancillary facilities including both owners and

operators of affectedbusinesses and structures)

Dredging of reservoir * Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods of(with disposal of dredge land required for the dredge crops on areas acquired affected farmers (potentiallyspoil) spoil disposal site permanently including both owners and

* Temporary occupation of * Damage to crops on areas occupants/users)land required for the occupied temporarily * Impacts on livelihoods of usersdischarge piping of communal resources such as

wood, grass, etc...



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Type of project Potential impacts on assets and livelihoodsactivities

Land Crops Structures Livelihoods

Boreholes development . Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods ofland required for operation crops on areas acquired affected farmers (potentiallyof the well (usually about permanently including both owners and1,000 sq. metres) . Damage to crops on areas occupants/users)

a Temporary occupation occupied temporarily * Impacts on livelihoods of usersduring construction (access, of communal resources such asstaging areas) wood, grass, etc...

Powerline extensions . Permanent acquisition of * Destruction of standing Not applicable * Impacts on livelihoods ofland required for ancillary crops on areas acquired affected farmers (potentiallyfacilities like sub-stations or permanently including both owners andtransformers * Damage to crops on areas occupants/users)

. Acquisition of easement occupied temporarily . Impacts on livelihoods of usersrights for lines of communal resources such as

* Temporary occupation wood, grass, etc...during construction (access,staging areas)


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2.3 First year implementation plan

All first-year sites have been visited in the course of the study carried out for theEnvironmental Assessment and Management Plan. Main impacts on assets andlivelihoods are preliminarily identified as follows:

* Obuasi: pipes are to be laid in existing road reservations; however onecompound fence was observed to encroach on the road reservation,

. Agona/Jamasi and Navrango: land needs to be acquired for the borehole sites(agricultural land),

. Cape Coast:. The dredge spoil disposal site near Brimsu reservoir (estimated land surface

required: about 25 hectares) has been identified: it is a semi-agriculturalarea, with some cultivated fields, an Acacia plantation, as well as somecharcoal making activity and bamboo harvesting for commercial purposes;this piece of land, which is reported to be held by the Apewusika stool, needsto be acquired;

. In Cape Coast town near the University, the proposed extension in a slum-type area, will require the network design to match the existing pattern ofstreets and structures, unless heavy restructuring is done, which is not theassumption taken in this RPF;

* Accra and Kumasi City: in most situations, the proposed pipes are to be laid inexisting road/street reservations; in most project sites, these spaces have beenheavily encroached by structures of all kinds, usually displaceable shipcontainers or plywood kiosks used for commercial purposes, with a fewpermanent structures such as concrete slabs, fences, and others; while in lawthese structures are illegally occupying public spaces, it is worth noting thatbusinesses using these structures are usually paying taxes (daily toll), and thatwhile numerous interventions by the relevant authorities aim at ousting them outof the road reservations, these are never enforced effectively1 ;

. Kumasi City: there is a significant issue on the route of the proposed pipingextension near Asokwa police station, where the pipeline was expected to beburied along a road that does not exist yet, and traverses a slum area wherestreet patterns are disorderly. It is assumed in this RPF that pipe laying activitiesin this area shall be postponed until such a time when the road is constructedand it is possible to use an existing Right-of-Way,

* Tamale: one pipeline needs to be built in an agricultural area,

. Navrango and Bawku: power line extensions need to be partly built in agriculturalarea;

* Pankrono: land needs to be acquired for the booster station site (fallow land).

The following photograph plate presents views of some of these locations.

1 Many such structures are observed to have painted signs on them "Remove by such date","Remove - Lands Commission", etc... It is reported that some owners paint these inscriptionsthemselves in order to avoid further harassment.

Ghana WSRP RPF 9P2503/R/FG/RottlDraft final report -1-April 2004

d - = pdt -- -

F __

Kumasi Asokwa Police Station area: the road along which Obuasi: fence to be removed and rebuiltthe pipeline was to be constructed is not built yet, as a

result the Project would need to displace these structures

= AL_ > a - - , .djI

*~~ ,,. . _ _ - - -I

Typical footprint of a well (1100 feet x 1 00 feet)

Accra: Encroachment of road reservations by variouscommercial activities (tables and kiosks)

Ghana WSRP RPF PHOTOGRAPH PLATE niO1 a1 Y&CNSLLIIED ___

9P2503 Some of the identified Resettlement Policy issues KOVAL HAIKONING

April 2004

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2.4 Tentative quantification of FYIP impacts on assets and livelihoods

While all sites have been visited in the course of this assignment, it remains howeverdifficult to estimate the number of affected people with any accuracy, for the followingreasons:

* At the time of undertaking these field visits, FYIP piped network designs werenot finalized and fixed facilities (wells, boosting stations) were not all sited, at thetime of undertaking these field visits,

. In some cases, structures located in the vicinity of the contemplated Projectfootprint are quite numerous (Kumasi and Cape Coast slum areas) and anyattempt to count them without a proper staking out of this footprint would beuseless,

. Further to the first year of implementation, project activities to be implementedunder the WSRP are not known yet with any level of detail.

The following estimates and ranges need therefore to be considered with utmostcaution:

. Land:- Dredging spoil disposal sate at Brimsu dam: acquisition of 25 hectares2 of

agricultural land,- Pipelines, mains and distribution systems: a few hectares to be acquired in

Tamale, and potentially another few hectares over all other sites, assumedto total 10 hectares of land acquisition for the whole FYIP,

- Boreholes and boosting stations: a few hectares to be acquired over thewhole FYIP, assumed to total 5 hectares;

* Crops:- Crops (both perennial and annual) are grown on a part of the 25 hectares to

be acquired for the dredging spoil disposal sate at Brimsu dam,- Crops (essentially annual) are grown as well on sites to be acquired in

Tamale, and for the wells in the Upper East Region,

* Structures3:- A few fences and private house appendices to be demolished and

reconstructed,- Depending on final pipe routes, between 500 and 2,000 moveable shops

(kiosks and containers) over the whole FYIP, mainly in Accra, Kumasi.

. Livelihoods:- No long-term impact on livelihoods is expected that may require full

resettlement,- Short term impacts are anticipated such as the loss of income of

shopkeepers that may have to be temporarily displaced to make way forconstruction of pipelines.

2 One hectare = 2.47 acres

3 Assuming slum areas in Kumasi and Cape Coast can be dealt with prior to Projectimplementation (street opening in Kumasi, and design matching site constraints in Cape Coast).


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3 LEGAL AND INSTITUTIONAL BACKGROUND

3.1 Overview

The legal and institutional framework presiding over land administration, land tenure,and land expropriation is particularly complex in Ghana, and considered by some as asignificant obstacle to the economic development of the country. As in many Africancountries, both customary and titled ownership regimes coexist, but in Ghana more thanelsewhere has the legislator attempted to regulate customary ownership. It is estimatedthat successive governments have enacted about 166 laws regulating landadministration and/or establishing mandates for different land administration agencies.As a further complication, some of these laws now conflict with one another asoftentimes previous regulations are not explicitly repealed, or are outdated or irrelevant.Attempts have however been made to harmonize "modern law" with "customary law"regimes, and to seek improved consistency in land policies. A National Land Policy hasbeen prepared in 1999, and a new five year Land Administration Project, supported by aWorld Bank loan has just started implementation, one of its objectives being to try totackle these legal issues.

As a result of the abundance of laws and regulations, the following review of the legalframework does not attempt to be exhaustive, but focuses on the most relevant piecesof legislation.

3.2 The Constitution of the Republic of Ghana, 1992

3.2.1 Provisions

In line with principles of the Universal Declaration of Human Rights, the Constitution ofGhana, adopted in 1992, includes a number of provisions aiming at protecting the rightto private property and at setting principles under which citizens may be deprived of theirproperty in the public interest. Article 1 8 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 compulsoryacquisition of immoveable properties in the public interest can be done:

"No property of any description, or interest in, or right over any property shall becompulsorily taken possession of or acquired by the State unless the followingconditions 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 countryplanning or the development or utilization of property in such a manner as topromote the public benefit; and

b) The necessity for the acquisition is clearly stated and is such as to providereasonable justification for causing any hardship that may result to any personwho has an interest in or right over the property."

Article 20 of the Constitution provides further conditions under which compulsoryacquisition may take place: no property "shall be compulsorily taken possession of oracquired by the State" unless it is, amongst other purposes, "to promote the publicbenefit' (Clause 1).


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Clause 2 of Article 20 further provides that:

"Compulsory acquisition of property by the State shall only be made under a law whichmakes 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 fromany other authority, for the determination of his interest or right andthe amount of compensation to which he is entitled."

Clause 3 adds that:

"Where a compulsory acquisition or possession of land effected by the State inaccordance with clause (1) of this article involves displacement of any inhabitants, theState shall resettle the displaced inhabitants on suitable altemative land with due regardfor their economic well-being and social and cultural values."

3.2.2 Comments

Ghana is one of few African countries4 whose legislation requires resettling people thatmay be displaced as a result of public interest projects. This requirement is enshrined inthe highest level law of Ghana, the Constitution.

It is also worth noting that the Constitution requires the "prompt" payment of fair andadequate compensation, but does not require this payment to be "prior". In effect, thereare numerous examples in Ghana of land having been compulsorily acquired withoutcompensation having been paid "promptly". The World Bank OP 4.12 clearly requirescompensation to be prior to land entry.

3.3 The state lands act, 1962

3.3.1 Provisions

The State Lands Act, 1962 (Act 125) vests in the President of the Republic the authorityto acquire land for the public interest. The President "may, by executive instrument,declare any land specified in the instrument ... to be land required in the public interest'(Sect. 1-1). The Act details the procedural requirements to be followed5, and furtherprovides that "on the publication of this instrument..., the land shall, without any furtherassurance than this subsection, vest in the President on behalf of the Republic, freefrom any encumbrance whatsoevee' (Sect. 1-3).

The State Lands Act also places responsibility for registering a claim on the affectedparty, and details the related procedure.

The State Lands Act, 1962, details the different elements to be taken into considerationwhen calculating compensation:

4 Most African legislations view public land acquisition from the angle of cash compensation only.5 "A copy of the instrument shall "(a) be served personally on any person having an interest in the

land; or (b) be left with any person in occupation of the land; and (c) be affixed at a convenientplace on the land; and (d) be published on three consecutive occasions in a newspapercirculating in the district where the land is situated" (Sect. 2)."

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* "Cost of disturbance" means the reasonable expenses incidental to anynecessary change of residence or place of business by any person having aright or interest in the land,

* "Market value" means the sum of money which the land might have beenexpected to realize if sold in the open market by a willing seller to a willing buyer,

* "Replacement value" means the value of the land where there is no demand ormarket for the land by reason of the situation or of the purpose for which theland was devoted at the time of the declaration made under section 1 of this Act,and shall be the amount required for reasonable reinstatement equivalent tothe condition of the land at the date of the said declaration,

* "Other damage" means damage sustained by any person having a right orinterest in the land or in adjoining land, by reason of severance from or injuriousaffection to any adjoining land."

3.3.2 Comments

The State Lands Act basically provides for an "automatic" process of compulsoryacquisition, whereby at the publication of an instrument declaring land needed for thepublic interest, it is automatically vested in the President of the Republic. It is importantto observe that, although the 1992 Constitution is much more "human-rights oriented", itdoes not repeal this Act but only supersedes it.

This Act paves the way for a process, widely practiced just after Independence andafterwards, where the State is taking land by powers of eminent domain and pays nocompensation unless required to do so by a Court ruling, which needs to be triggered bya claim from the affected landowner. This legal possibility has had the following results,amongst others:

* misuse and abuse of compulsory acquisition by the State,* innumerable Court actions, following claims that were estimated in 1999 at about

1 billion Cedis (USD 110,000).

This legal possibility has been widely used by all public institutions in Ghana, includingGWCL and its predecessor body, GWSC. One significant risk associated with theWSRP is the potential emergence of old claims when people affected by this Project arecompensated while others who were affected by earlier components of the sameschemes are still left uncompensated after years.

3.4 The lands (Statutory Wayleaves) act, 1963

The Lands (Statutory Wayleaves) Act, 1963, details the process involved in occupationof land for the purpose of the construction, installation and maintenance of works ofpublic utility, and for the creation of rights of way for such works:

* The owner/occupier of the land must be formally notified at least a week inadvance of the intent to enter, and be given at least 24 hours notice beforeactual entry.

* Any damage due to entry must be compensated in accord with the proceduresestablished by the Minister unless the land is restored or replaced.

* In the case of highways, no compensation shall be paid, unless the land taken ismore than one fifth of the total holdings of an affected person.

* Where a right of way must be established in the public interest, the Presidentmay declare the land to be subject to such statutory wayleave.



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On publication of a wayleave instrument specifying the area required, andwithout 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 Tribunalestablished by the President, in parallel with the Lands Act, 1962.

Further to this Act, the Statutory Wayleaves Regulations, 1964, provide proceduraldetails and address grievance mechanisms.

3.5 Land tenure in Ghana

3.5.1 Interests in land

Ghanaian law recognizes the main following four interests in land:* Allodial interest is the highest interest recognized by customary law. It is

equivalent to freehold. Allodial titles are normally vested in stools or skins6, andalso in families or individuals, depending on areas and ethnic groups.

* Customary law freehold is a perpetuity interest vested in members of thecommunity that holds the allodial title7. Customary law freehold implies that theholder can occupy the land and derive economic use of it.

* Common law freehold is an interest that results from sale or gift to a non-member of the community that holds the allodial title by the custodian of this title.

* Leasehold is a right to occupy and develop the land granted for a certain period(up to 99 years for Ghanaian citizens and 50 for non-Ghanaian), usually againstthe payment of a rent.

3.5.2 Existing forms of land ownership

Land in Ghana belongs to two broad categories:1. Customary land, including stool land and family land,2. Public land, including state land and vested land.

StooP land

Stool land is land the allodial title of which is vested in a stool. Although undercustomary law, stool land has a customary custodian (the chief of the stool), the 1992Constitution has created the Office of the Administrator of Stool Land, which is in chargeof collecting fees and royalties, which amount to land taxes.

Family land

Family land is vested in the head of the family. These lands are not placed under thecontrol of the Government, as stool lands are, and are less regulated.

State land

State land is land that the State has compulsorily acquired for public purposes or in thepublic interest. It is administered by the Lands Commission.

Vested land

6 People owe allegiance to a symbol of collective authority, such as the 'stool' for the Akans ofsouthern Ghana or the 'skin' for the northern peoples.

7 According to the Constitution, the person in whom the allodial title is vested has an 'obligation todischarge their functions for the benefit of the stool, skin or family concerned".

8 "Stool" is here meant to include both stool and skin.


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Vested land is still owned by a customary landowner, typically a stool, but has been'vested" in the Government which manages it on behalf of the customary owner. Thisshould mean that the customary owners still retain the land economic benefits, whereasthe Government, through the Lands Commission, manages the land (ie. has a right tosell or lease it for instance).

3.6 Institutional background

3.6.1 General administrative organization of the country

Accra is the capital of Ghana. The country has ten administrative regions (see Figure 1).Each region is divided into Districts (110 in total), which in turn are divided into AreaCouncils, some of which may be categorized as urban. Districts are sub-divided into UnitCommittees.

The highest administrative and political authority in the district is the District Assembly.The District Assembly is headed by the District Chief Executive, a senior governmentofficial appointed by the President with the approval of the District Assembly. In additionto the District Chief Executive, the assembly comprises members, including electedmembers and Government appointees. The assembly has an Executive Committee,headed by the District Chief Executive, and comprising a number of separate sub-committees. Administrative decentralisation has led to the existence of DistrictDepartments, which can include Central Administration, Education, Health, Agriculture,Forestry etc.

3.6.2 Traditional authorities

In Ghana, people of common descent owe allegiance to a symbol of collective authority,such as the 'stool' for the Akans of southern Ghana or the 'skin' for the northernpeoples. Traditional authorities play a role in the administration of the area. At the villagelevel, family and land disputes and development issues are also traditionally dealt withby the village chief and elders.

In addition to providing an important leadership role, especially in the more rural areas,chiefs act as custodians of stool/skin land, can mobilise their people for developmentalefforts and arbitrate in the resolution of local disputes. Although chiefs have no directpolitical authority, some are appointed by the Government on District Assemblies.

3.6.3 Institutions involved in land administration

Overview

The modernization process for land administration in Ghana has included a land titlingprocess as well as the establishment of a series of land administration institutions.These include the Land Commission, the Land Title Registry, the Survey Department,the Land Valuation Board, the Department of Town and Country Planning and the Officeof the Administrator of Stool Land. However, with the exception of the few urban centreswhich have benefited from previous urban renewal and development projects, there isno systematic cadastral mapping, registration and titling programme in Ghana as yet. Inaddition, the different agencies and offices listed above do not have appropriatemechanisms for coordinating land use policies, plans and programmes, and there is ageneral lack of land records being kept or maintained. The following paragraphs give anoverview of the role of each of these institutions.


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Lands Commission

The Lands Commission is the principal land management organization of theGovernment. Its mandate (Lands Commission Act, 1994) includes, amongst others:

* Manage public lands on behalf of the Government,* Advise the Government and local authorities on policy matters, and to ensure

that the development of individual parcels of land is consistent with areadevelopment plans,

* Advise on, and assist in the execution of a comprehensive programme of landtitle registration.

The Ghana Lands Commission is a multi-stakeholders organization, the Board of whichincludes representatives of the civil society, appointed on four-year terms. It is also adecentralized organization, with a Regional Lands Commission in each of the 10regions.

Stool lands are managed by the Office of the Administrator of Stool Lands, pursuant toAct 481, 1994 (see § 0). However, Regional Lands Commissions still have a say in themanagement of stool lands, as the Constitution also provides that they need to review"the disposition or development of any stool land".

The Lands Commission is in practice the custodian of all land titles and deeds (CentralRecords). As the State land management agency, it is also in charge of executingcompulsory acquisition of land needed in the public interest. It also allocates public landto organizations or individuals, usually through leases, and levies charges thereupon,such as rents or development charges9.

Land Title Registrv

This institution was established by the Land Title Registry Act, 1986, which alsoprovides for compulsory registration of land transactions, and requires that a cadastralmap and a title search be attached to any application for title registration.

One of the main issues plaguing land management in Ghana is that it was not requiredto attach to land deeds established before 1986 a cadastral map certified by the SurveyDepartment. As a result, titles kept the Land Registry may be conflicting or overlapping.

The smooth operation of this institution is reported as being hampered by a number oflegal and organizational problems, and as a result, the title registry is usually regardedas not being fully reliable in Ghana.

Survey Department

In addition to its headquarters in Accra, the Survey Department has offices in all 10regions, and in 44 Districts. Under the Survey Act, 1962, the Survey Department hasmandate, amongst others, to plan all national surveys and mapping, to license andsupervise licensed surveyors, and to undertake surveys, supervision and storage forpublic use. This role has been expanded as a result of the Land Title Registration Law,1986: the Survey Department was charged to ensure that titled plots are properlydemarcated, and to prepare maps thereof, which are to be attached to the title placed in

9 Which are intended to include the cost of survey and demarcation but also that of access,drainage, water and power supply.


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the custody of the Land Registry. In other words, the Survey Department is responsiblefor the production of cadastral maps, since under the Land Title Registration Law, for atitle to be registered, the production of a map certified by the Survey Department is arequirement. The Survey Department supervises about 250 private licensed surveyors.

Land Valuation Board

It was established in 1986 (PNDC Law 42), through a merger of valuation divisionsoperating within different ministries. It is responsible for all valuation services for theGovernment, including assessing compensation to be paid as a result of land acquisitionby the Government. It has 10 region offices and 44 district offices, these latterperforming valuations.

The Land Valuation Board is supposed to be involved in any acquisition of land onbehalf of the Government. It keeps rates for crops which are applicable nation-wide.

The Land Valuation Board has indicated that the district offices were involved only in"rating valuation", and that any valuation taking place as a result of compulsoryacquisition had to be undertaken out of the regional offices where certified valuers areposted. In some instances, valuation can be contracted out to private sector certifiedvaluers, but the Land Valuation Board has indicated that it was able to take care of mostcompulsory acquisition using their own resources.

Department of Town and CountrX Planning

Established in 1945, it is responsible for designing plans (planning schemes) andcontrolling settlements, based on mapping information provided by the SurveyDepartment.

Office of the Administrator of Stool Land

This institution was established by the Office of the Administrator of Stool Land Act,1994. It is intended to manage revenue drawn from stool/skin lands, by establishing astool land account for each stool, collecting revenuel0 into this account, and disbursethese monies to the stool, to the traditional authority and to the related DistrictAssembly. It is placed under the overall control of the Lands Commission.

3.6.4 The Land Administration Project

The Land Administration Project is being put in place by the Government and the WorldBank to address some of the challenges faced by Land Administration in Ghana. Itwould attempt to implement the framework of the 1999 National Land Policy document.It is a long term commitment by the Government of Ghana to improve security of tenure,develop an efficient system of land titling, registration and administration.

The long term objectives of the Project are to:a) Develop a clear and coherent set of land administration policies and laws;b) Ensure formal recognition of the rights of all categories of land holders and

facilitation of recording of these rights in an enhanced and decentralized landadministration system;

c) Establish an efficient decentralized land administration system operatingthroughout Ghana in accordance with Government policy and compatible with

10 Including 10% of mineral royalties.


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cultural usage and responsive to the needs of the people, within an eventuallyself sustaining financing mechanism;

d) Establish an up to date efficient land information system that supports good landrecords management and transparent transactions in land; and

e) Develop a well functioning land market operating in both urban and rural areas.

In the short term, the Land Administration Project would seek to:a) Harmonize land policies and the legislative framework with customary law for

sustainable land administration;b) Undertake institutional reform and capacity building for comprehensive

improvement in the land administration system;c) Establish an efficient, fair and transparent system of land titling, registration, and

valuation; andd) Issue and register land titles in selected urban and rural areas as a pilot to test

(b) and (c) innovative methodologies, including community level land disputeresolution mechanisms.

Implementation of this Project was just starting at the time of writing this report.

3.7 World Bank safeguard policy on involuntary resettlement

The full text of OP 4.12 including its Annex A on resettlement instruments is presentedin Appendix 4.

OP 4.12 "Involuntary Resettlement" (December 2001) is to be complied with whereinvoluntary resettlement, impacts on livelihoods, acquisition of land or restrictions tonatural resources, may take place as a result of the project. It includes requirementsthat:

a) Involuntary resettlement should be avoided where feasible, or minimized,exploring all viable alternative project designs.

b) Where it is not feasible to avoid resettlement, resettlement activities should beconceived and executed as sustainable development programs, providingsufficient investment resources to enable the persons displaced by the project toshare in project benefits. Displaced persons should be meaningfully consultedand should have opportunities to participate in planning and implementingresettlement programs.

c) Displaced persons should be assisted in their efforts to improve their livelihoodsand 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 projectimplementation, whichever is higher.

According to OP 4.12, the resettlement plan or resettlement policy framework shouldinclude 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; andc) provided prompt and effective compensation at full replacement cost (see 0.3)

for losses of assets attributable directly to the project.d) If the impacts include physical relocation, the resettlement plan or resettlement

policy framework includes measures to ensure that the displaced persons are1. provided assistance (such as moving allowances) during relocation; and


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2. provided with residential housing, or housing sites, or, as required,agricultural sites for which a combination of productive potential,locational advantages, and other factors is at least equivalent to theadvantages of the old site.

Where necessary to achieve the objectives of the policy, the resettlement plan orresettlement policy framework also includes measures to ensure that displaced personsare:

a) offered support after displacement, for a transition period, based on areasonable estimate of the time likely to be needed to restore their livelihood andstandards of living; and

b) provided with development assistance in addition to compensation measures,such as land preparation, credit facilities, training, or job opportunities.

Under its safeguard policy, the World Bank does not disburse against cashcompensation and other resettlement assistance paid in cash, or against the cost of land(including compensation for land acquisition). However, it may finance the cost of landimprovement associated with resettlement activities. The practical implication of thisprovision is that wherever land or structures have to be compensated for, this will needto be financed by the borrower.

3.8 Gaps between Ghanaian regulations and World Bank policies

There are significant gaps between Ghanaian regulations and World Bank policies.These are summarized in the following table:

Table 4 Comparison of Ghanaian regulations with World Bank policies

Topic Ghanaian legislation requirement"1 WB policy requirement

Timing of Prompt Prior to displacementcompensationpayment

Calculation of Fair and adequate Full replacement costcompensation

Squatters No provision. Are deemed not to be Are to be provided resettlementeligible assistance (but no compensation for

land)

Resettlement In the event where inhabitants have to Affected people who are physicallybe displaced, the State is to resettle displaced are to be provided withthem on "suitable land with due regard residential housing, or housing sites, or,for their economic well-being and social as required, agricultural sites (...) atand cultural values". least equivalent to the old site.

Preference to be given to land-basedresettlement for displaced personswhose livelihoods are land-based.

It is assumed here that the Constitution supersedes any other piece of legislation.


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Topic Ghanaian legislation requirement" WB policy requirement

Resettlement No specific provision with respect to Affected people are to be offeredassistance additional assistance and monitoring. support after displacement, for a

transition period.

Vulnerable groups No specific provision Particular attention to be paid tovulnerable groups, especially thosebelow the poverty line, the landless, theelderly, women and children, indigenouspeoples, ethnic minorities...

Information & The owner/occupier of the land must be Displaced persons and theirconsultation formally notified at least a week in communities ( ... ) are provided timely

advance of the intent to enter, and be and relevant information, consulted ongiven at least 24 hours notice before resettlement options, and offeredactual entry opportunities to participate in planning,

implementing, and monitoringresettlement.

Grievances Access to Court of law Appropriate and accessible grievancemechanisms to be established.

3.9 Experience in complying with World Bank policies in Ghana

There is little experience in the Ghanaian public sector in implementing World Bank-compliant resettlement action plans. GWCL Estates Department has indicated that to-date, they were not involved in any resettlement activities based on WB policies.

The Land Valuation Board has indicated that they had just completed one road project(Achimota Road in Accra) where they had to comply with OP 4.12, including payingcompensation and providing resettlement assistance to "squatters", and that they werein the course of implementing another such road project. Methodologies are in place atthe Land Valuation Board to assess losses of income incurred by informal sectorbusinesspersons squatting on public spaces, and using these assessments to evaluatecompensation.

In contrast with the public sector, there is substantial experience in the private sector:several mining operations have implemented RAPs in compliance with WB policies asthey were seeking funding from Equator Principles signatory institutions. SomeGhanaian consultants, as well as foreign firms using Ghanaian experts, have gainedsignificant experience in this respect.

Capacity building aspects are also addressed in the Resettlement Training Plan.


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4 PRINCIPLES, OBJECTIVES, PROCESSES

4.1 Principles and objectives

4.1.1 Regulatory Framework

Any impact of the WSRP on land and/or people (land acquisition, resettlement,livelihood restoration of affected people) will be addressed in compliance with theConstitution of Ghana, with other Ghanaian regulations, and with the World Banksafeguard policy on involuntary resettlement (OP 4.12). Where there are gaps orinconsistencies between Ghanaian laws and the World Bank policy, the World Bankpolicy OP 4.12 will apply.

4.1.2 Minimization of Displacement

In line with the World Bank safeguard policy OP 4.1212, the WSRP will minimizedisplacement through the following design procedures:

. Wherever inhabited dwellings may potentially be affected by a component of asub-project, the sub-project shall be redesigned (facility relocation, rerouting) toavoid any impact on such dwellings and to avoid displacement/relocationaccordingly;

* Wherever the impact on the land holding of one particular household is such thatthis households may not be sustainable in the long term, even if there is no needto physically displace this household, the sub-project shall be redesigned (facilityrelocation, rerouting) to avoid any such impact;

* For major water works like raw water treatment plants, minimization of landimpact will be factored into site and technology selection and design criteria;

* Costs associated with displacement and resettlement will be internalized intosub-project costs to allow for fair comparison of processes and sites;

* To the extent possible, Project facilities will be located on public spaces;* Pipelines, public taps, other linear infrastructures (power lines) required by the

WSRP will be routed inside existing right-of-ways, easements or reservations(roads, streets, power lines) wherever possible.

These principles are intended to minimize negative impacts. However, it will not bealways feasible to avoid displacement or land acquisition. In addition to impactminimization measures, mitigation measures are therefore needed, hence this RPF.

4.1.3 Cut-off date - Eligibility

In accordance with OP 4.12 and for each sub-projectactivities under the WSRP, a cut-offdate will be determined, taking into account the likely implementation schedule of thesub-project. To ensure consistency between Ghanaian legal requirements and WBpolicies, this cut-off date should be the date of notification to owners/occupiers asprovided under the Lands (Statutory Wavleaves) Act, 1963, where acquisition of land isinvolved.

In line with OP 4.12, the following three categories of affected people will be eligible toProject resettlement assistance:

12 "Involuntary resettlement should be avoided where feasible, or minimized, exploring all viablealternative project designs."


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a) those who have formal legal rights to land (including customary and traditionalrights recognized under the laws of the country);

b) those who do not have formal legal rights to land at the time of the cut-off buthave a claim to such land or assets-provided that such claims are recognizedunder the laws of Ghana or become recognized through a process identified inthe resettlement plan

c) those who have no recognizable legal right or claim to the land they areoccupying.

Persons covered under (a) and (b) above are provided compensation for the land theylose, and other assistance as needed.

Persons covered under (c) above are provided resettlement assistance in lieu ofcompensation for the land they occupy, and other assistance, as necessary, if theyoccupy the project area prior to the cut-off date.

In practice, this means that people usually considered in Ghana as "squatters" will beentitled to Project assistance as long as they are present on site at the cut-off date.

However, persons who encroach on the area after the cut-off date are not entitled tocompensation or any other form of resettlement assistance.

All persons in the three categories above are provided compensation for loss of assetsother than land (i.e. structures and crops).

4.1.4 Income and livelihood restoration

One paramount principle of World Bank safeguards is that where people are affected byland take, the aim of resettlement must be that they should be "no worse-off if not betteroff' after the resettlement has taken place.

Where impact on land use is such that people may be affected in the sustainability oftheir livelihoods, preference will be given to land-for-land solutions rather than cashcompensation, in consistency with the Constitution of Ghana and with OP 4.12. Thisapplies to people who are not necessarily physically displaced but who are affected by aland loss that affects their sustainability.

Where necessary, affected people will be monitored in the rehabilitation of theirlivelihood, during and after the transition period.

Livelihood restoration measures will be assessed in relevant RAPs and ARPsdepending upon the specific situation of the considered location. They may include thefollowing:

* Agricultural development measures (agriculture, livestock),* Micro-finance support (savings and credit), and other small business

development activities,* Skill development and training.

4.1.5 Compensation

Compensation principles will be as follows:* Compensation shall be paid prior to displacement / land entry;* Compensation will be at full replacement value.


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By contrast with the depreciated or net value of a structure'3 , the "replacement value"includes the full cost of materials and labour required to reconstruct a building of similarsurface and standing. In other words, the affected person must be able to have theirstructure rebuilt in a different location using the compensation paid for the old building.

4.1.6 Consultation - Grievance mechanisms

The Ghanaian law requirements on consultation and information, as well as thoserelated with grievance management, fall short of meeting WB requirements. Theapplication of these will require:

* meaningful information and consultation to take place before the process leadingto displacement is launched in each particular location concerned by a sub-project,

* a specific grievance registration and processing mechanism to be put in place.

4.2 Processes

4.2.1 Categorization of project activities with respect to land needs

From the observation of site conditions, it appears that as far as land needs andresettlement requirements are concerned, two different situations may be encounteredin the course of the implementation of the WSRP:

a) the project component has no land need other than already acquired State land(e.g. the situation of most pipeline/water mains construction sub-projects, wherethe pipes will be laid in existing road reservations),

b) the implementation of the project component requires land acquisition (forinstance dump site for dredging materials of the Brimsu dam, drilling of newboreholes, construction of a booster station, etc...).

In situation a) above, as mentioned in § 2.3, the fact that there is no land acquisitioninvolved means that procedures required by the Ghanaian law do not need to betriggered. Proposed processes will therefore be consistent with WB requirements only.

Situation b) is more complex because it implies that both Ghanaian procedures and WBrequirements are to be followed, hence the need for an integrated process.

4.2.2 Overview of the resettlement preparation process

The proposed process for project component without land acquisition is summarized byFigure 2 hereunder, and that for project component with land acquisition by Figure 3. Asindicated in the figures, the process varies according to the following two parameters,that will need to be checked early in the design stage through a field reconnaissance:

1. Whether land acquisition is involved (Figure 3) or not (Figure 2);2. The number of affected people, which will determine whether the process is to

include the preparation of a full RAP (200 affected individuals or more), or of anAbbreviated Resettlement Plan (between 51 and 199 affected individuals).

13 Depreciation (or wear) coefficients are usually applied by Government valuers. This would notbe acceptable under WB policies.


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Figure 2: Resettlement preparation process for project components without landacquisition

Preliminary siting andlorrouting of sub-project

Preliminary reconnaissance of resettlement issues

/ \ Y ~~~~~~~~~~~~~~acquisition / > / Inhabited \ \ ~~~~~~~~~~~Involved/r

YES< dwellings

(f0foecteafetd {Btwe

\in~~~~~~~~dividuals /r

Definition and public disclosure > / Definition and public disclosure

of cut-off date of cut-off date

I 5Initial information to affected people less|Initial information to affected people

Definition and public disclosureCensus of affected people and of cut-off date Census of affected people and

affected assets I affected assets

4 | Initial information to affected people |Development of Resettlement [Development of Abbreviated

Action Plan Resettlement Plan

Census of affected people and

Jr affected assets |

Consultation with affected Consultation with affected

community on RAP community on ARPConsultation with affected

4r community 4Submission of RAP to WB l Submission of ARPtoWB I

Implementation ofresettlement measures

Implementation of RAP Implementation of ARP



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Figure 3: Resettlement preparation process for project components with landacquisition

Preliminary siting andlor

routing of sub-project

Preliminary reconnaissance of resettlement issues

_ _ _ _ ~~~~~~~~~~~~~acquisition -

dwe~~~~~~~~~~~~~~~~~~~~e( 9 ) < ~~dwellings NO(i Fiur

Application of Lands (Statutory Wayleaves) Act or ofLands Act - Executive instrument to be passed

Notification to identified owners/occupants

43-month period for registration of claims starts

IValuation of land and immoveable assets

otai20or Bembweefn

more < ~ \ affected / & (S \q~~~~~~dviduals

Same process as in Figure 2 Same process as in Figure 2

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4.2.3 Census of Affected Assets and Affected Households

In all events, a census will be carried out to inventory affected assets and affectedhouseholds. Appendix 5 presents frameworks of forms to be used for this census,namely:

* Affected plot form,* Affected structure form,* Affected household form.

4.2.4 Resettlement Action Plan

The Resettlement Action Plan will be used where more than 200 individuals aredisplaced. The outline of a RAP is given in Appendix 6. All RAPs need World Bankapproval prior to commencing resettlement activities. It is expected that only worksenvisaged in Accra, Kumasi and Cape Coast (including the dredging of Brimsureservoir) will justify a full-fledged RAP.

4.2.5 Abbreviated Resettlement Plan

The Abbreviated Resettlement Plan will be used where between 51 and 199 individualsare displaced. The outline of an ARP is given in Appendix 7. The project must keepdocumentation and provide reports that detail what actions were taken in these areas.All ARPs need World Bank approval prior to commencing resettlement activities.

4.2.6 Situations where less than 50 people are affected

Where there are less than 50 affected people, while there is no requirement pertainingto documentation, all other requirements contained in this RPF still apply.

4.2.7 Works packages

It is advised that RAPs and ARPs should be grouped in a way consistent with lots of civilworks that are defined by the PMU. This will ensure consistency in timing and approach.


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5 ENTITLEMENTS

5.1 Generic entitlement matrix

Table 5 hereunder presents the matrix of entitlements for the different categories ofimpacts, likely to be encountered in the WSRP, and described above in paragraph 2.2.1and table 3.

5.2 Application of the entitlement matrix to some known Project situations

5.2.1 Example 1: Business on Project-affected land

Situation:. Moveable container used for business, located within a road reservation affected

by pipeline construction: the container needs to be temporarily displaced andcan be moved back when construction is completed

. The owner of the container is also the operator of the business located insidethe container

Entitlement:. Land: no entitlement (the container is squatting public land)* Crops: not applicable* Structure:

o Cost of displacing the affected structureo Cost of moving the affected structure back to Project-affected lando Disturbance allowance (10% of the total of two above components)

. Livelihood:o Cash compensation of temporary loss of income incurred during the

period required to re-establish the business to pre-Project conditions, i.e.the period between displacing and moving back the container (likelybetween one week and three months depending on situations andconstruction schedule)

o Monitoring of livelihood restoration after pre-Project conditions

5.2.2 Example 2: Landowner/farmer on Project-affected agricultural land

Situation:. Agricultural plot acquired permanently for Project needs. Land is vested in a

family under customary regime* The owner is also the land user/farmer. No structure on the plot* Perennial crops need to be destroyed* Annual crops can be harvested prior to land entry

Entitlement:. Land: Options available to the affected household will be as follows, depending

on the impact of land take on the overall livelihood of those affected:o Replacement by a piece of land of equivalent agricultural potential

located in the vicinity of the affected plot, oro Cash compensation at full replacement value if the affected plot is not

critical to the landowners' livelihood. Compensation to be negotiatedbased on valuation by Land Valuation Board or LVB-certified valuer

o Disturbance allowance of 10% of the total compensation for land


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* Crops:o Cash compensation for perennial crops, counted at cut-off date and

negotiated based on to Land Valuation Board rateso No compensation for annual crops as they can be harvested before

entry into lando Disturbance allowance (10% of crop compensation)

* Structure: not applicable. Livelihood:

o If the farmer opts for resettlement, cash compensation of losses ofincome during the transition period after resettlement until the incomebasis of the farmer is restored to pre-Project conditions (i.e. until full re-establishment of perennial crops)

o Assistance to livelihood restoration up to pre-Project conditions, in theform for instance of seedlings, fertilizers

5.2.3 Example 3: Tenant farmer on Project-affected agricultural land

Situation:. Agricultural plot acquired permanently for Project needs. Land is vested in a

family under customary regime. The land is used for cultivation by a tenant, recognized as such under customary

agreements. The tenant has built a well on the plot* Perennial crops need to be destroyed. Some of them are identified as belonging

to the owner of the plot, others to the tenant* Construction constraints do not allow for annual crops to be harvested prior to

land entry. They were grown by the tenant

Entitlement:. Land: the tenant has no entitlement to compensation for land. Compensation will

be served to the plot owner in the form of cash compensation (see above §5.2.2). No eligibility to resettlement for the owner as it is unlikely that a significantpart of his/her livelihood is derived from the affected plot

* Crops:o Owner:

* Cash compensation for perennial crops that are identified asbelonging to the owner, counted at cut-off date and negotiatedbased on to Land Valuation Board rates

* Disturbance allowance (10% of crop compensation)o Tenant:

* Cash compensation for perennial crops that are identified asbelonging to the tenant

* Cash compensation for annual crops* Disturbance allowance (10% of crop compensation)

* Structure: compensation to the tenant for the well. Livelihood:

o Owner: No entitlemento Tenant:

* Assistance in finding a plot to cultivate under another customarytenancy agreement

* Assistance to livelihood restoration up to pre-Project conditions,in the form for instance of seedlings, fertilizers


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5.2.4 Example 4: User of communal natural resources on Project-affected agricultural land

Situation:* Community-held (stool) plot is affected by the Project* One household uses this plot to harvest naturally grown wood and produce

charcoal

Entitlement:* Land: Compensation to be paid to owner (stool)* Crops: Not applicable* Structure: Not applicable. Livelihood:

o Owner: not entitlemento User:

* Assistance in identifying and accessing similar resourceselsewhere in the vicinity, in consultation with community

* Cash compensation of temporary loss of income incurredbecause of the Project during the period required to accesssimilar resources elsewhere, if this period is of any significance

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Table 5 Entitlement matrix

Refer to Table 3 for a more detailed description of impacts on assets and livelihoods - In bold italics: expected to apply as a result of FYIP

Type of impact Entitled units Eligibility criteria Entitlement

Permanent acquisition Landowner Own the affected plot in a 1. Replacement by a piece of land of equivalent agriculturalof land (agricultural, (individual, recognized manner under potential located in the vicinity of the affected plotresidential, or household or Ghanaian law (which includes ORcommercial) stool) ownership under both common Cash compensation at full replacement value if there is

and customary laws) substantial evidence that the piece of land taken is notcritical to the landowners' or user's livelihood.Compensation to be negotiated based on valuation byLand Valuation Board or L VB-certified valuer

a 2. Disturbance allowance (10%)z-J Acquisition of Landowner Own the affected plot (same as 1. Cash compensation of the restriction of use resulting from the

easement rights (individual, above) easement. Compensation to be negotiated based on valuationhousehold or by Land Valuation Board or LVB-certified valuerstool) 2. Disturbance allowance (10%)

Temporary occupation Landowner Own the affected plot (same as 1. Full reinstatement to pre-Project conditionsof land (individual, above) 2. Rent to be agreed upon for the period during which land is

household or occupiedstool)


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Type of impact Entitled units Eligibility criteria Entitlement

Destruction of Landowner or Have grown the affected crop 1. Cash compensation for standing crops that cannotstanding crops tenant / (regardless of related plot ownership) be harvested prior to land entry, counted at cut-off

sharecropper date and negotiated based on to Land ValuationBoard rates

a. 2. Disturbance allowance (10%)0C Damage to crops Landowner or Have grown the affected crop 1. Cash compensation for damaged crops counted at

tenant / (regardless of plot ownership) cut-off date and negotiated based on Landsharecropper Valuation Board rates

2. Disturbance allowance (10%)

Destruction of Owner Evidence of ownership of the affected 1. Resettlement to a similar dwelling in a similar locationpermanent structure (regardless of ownership of ORimmoveable the plot where the structure is located) Cash compensation at full replacement value ofstructures structure

2. Cost of moving3. Disturbance allowance (10%)

Occupant Live in the affected structure on a 1. Cost of movingpermanent basis (tenant) 2. Disturbance allowance (equal to three monthly rents)

c-

Temporary Owner Own the affected structure 1. Cost of displacing the affected structuredisplacement of (regardless of related plot ownership) 2. Cost of moving the affected structure back tomoveable structures Project-affected land

3. Disturbance allowance (10%)



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Type of Entitled units Eligibility criteria Entitlementimpact

Agriculture Farmer (may be distinct from Use Project affected land for 1. Cash compensation of any loss of incomethe affected plot owner) agriculture, regardless of the incurred as a result of the Project, including

ownership situation (includes during the transition period where the farmer issquatters) resettled

2. Assistance to livelihood restoration up to pre-Project conditions and related monitoring

en Businesses Business person (may be Operate a business on Project 1. Cash compensation of temporary loss of incomeaO distinct from owner of structure affected land, regardless of the incurred because of the Project during theo where business takes place) land ownership situation (includes period required to re-establish the business to

squatters) pre-Project conditions> 2. Assistance to livelihood restoration up to pre-_- Project conditions, if necessary, and related

monitoring

Use of User of such resources (can be Use communal resources as an 1. Assistance in identifying and accessing similarcommunal individuals or communities) element of livelihood resources elsewhereresources 2. Cash compensation of temporary loss of income

incurred because of the Project during the periodrequired to access similar resources elsewhere


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6 VALUATION AND COMPENSATION RATES

6.1 Valuation and compensation of crops

Methods used by the Land Valuation Board to calculate rates cannot be disclosed andare kept confidential. Rates applied to crops by the LVB (see Appendix 8) appear to besignificantly lower than those applied by some mining companies using full replacementvalue method (see Appendix 9). The LVB has indicated that it could be prepared to meetProject "full replacement value" requirements and harmonize valuation methodsaccordingly.

RAPs and ARPs will state clearly which methods are used to calculate cropcompensation rates, and provide evidence that these rates are consistent with the "fullreplacement value" requirement.

6.2 Valuation and compensation of structures

Structures the demolition of which is required will be assessed by professional valuers,either from the Land Valuation Board, or from private offices certified by the LVB. It isworth noting in this respect that LVB officers based in the districts undertake only "ratingvaluation" for Government buildings, and that any valuation required by compulsoryacquisition has to be done by LVB regional valuer.

Structures will be valued at full replacement cost, according to methods that will bedetailed in the relevant RAPs or ARPs.

Rates applicable to the compensation of the displacement and moving back ofdisplaceable structures used for businesses will be established by the first RAP to beprepared. This should then be harmonized for each type of structure, as follows:

* 40' containers,* 20' containers,* plywood kiosks.

6.3 Valuation of losses of income for businesses

The method should be the following:1. Estimate of net monthly profit of the business, based on records if any, on

operator's statements, cross-checked by an assessment of visible stocks andactivity,

2. Application of this net monthly profit to the period during which the business isprevented to operate (should be between 2 and 6 weeks in most cases).

The LVB has indicated that it was prepared to apply this methodology, which it hasactually already used in the past (Achimota Road in Accra).

6.4 Disturbance allowance

On top of compensation, a disturbance allowance of 10% of total compensation will beserved as per the eligibility matrix (see Table 5).

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7 GRIEVANCE MANAGEMENT AND REDRESS MECHANISMS

7.1 Potential grievances/disputes

In practice, grievances and disputes that arise during the course of implementation of aresettlement and compensation program may be related to the following issues:

* Mistakes in inventorying or valuing properties,* Disagreement on plot boundaries, either between the affected person and the

expropriation agency or between two neighbours,* Disputed ownership of a given asset (two or more affected people claim that the

affected asset is theirs),* Disagreement on plot/asset valuation,* Successions, divorces, and other family issues resulting in disputed ownership

or disputed shares between inheritors or family members,* Where affected people opt for a resettlement-based option, disagreement on the

resettlement package (the location of the resettlement site does not suit them,proposed housing or resettlement plot characteristics/agricultural potential arenot adequate in their view),

* Disputed ownership of businesses and business related assets (quite usually,the owner and the operator of a business may be distinct individuals, which giverise to disputes in the event of compensation).

7.2 Proposed grievance management and redress mechanism

7.2.1 Overview

In such compensation and resettlement operations, it often appears that manygrievances derive from misunderstandings of the Project policy, or result from neighbourconflicts, which can usually be solved through adequate mediation using customaryrules. Most grievances can be settled with additional explanation efforts and somemediation. This is why a first instance of dispute handling will be set up with the aim ofsettling disputes amicably.

In Ghana, Court cases are known to require long periods of time before settlements canbe reached. It is therefore proposed here to make available a first tier of grievancemanagement mechanisms, which will be taken care of by the Project, and which willprovide aggrieved people with an avenue for amicable settlement without necessarilyopening a Court case. Aggrieved people would however remain free to open a Courtcase without having registered their grievance with this first-tier mechanism.

The proposed mechanism will comprise of the following steps:* Registration,* Amicable mediation/litigation and settlement.

7.2.2 Registration of grievances

As long as one of their activities entail resettlement and/or compensation, the Projectimplementation agencies at regional level (e.g. the regional office of GWCL) shallestablish a register of resettlement/compensation related grievances and disputes. Theexistence and conditions of access to this register (where, when, how) shall be widelydisseminated within the community/town as part of the consultation undertaken for thesub-project in general.



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7.2.3 Amicable mediation and settlement

The group of mediators attempting amicable mediation/litigation in first instance willconsist of the following members:

* Implementation agency (i.e. GWCL regional office);* 3 local elders (among which the chairperson of the mediation committee will be

selected),* Representative of the District Chief Executive.

This mediation committee will be set up at community basis by the implementationagency on an "as-needed" basis (i.e. it will be established when a dispute arises in agiven community).

When a grievance/dispute is recorded as per above-mentioned registration procedures,the mediation committee will be established, and mediation meetings will be organizedwith interested parties. Minutes of meetings will be recorded.

The existence related with this first instance mechanism will be widely disseminated tothe affected people as part of the consultation undertaken for the sub-project in general.

It is important that these mediation committees be set up as soon as RAP/ARPpreparation starts. Disputes can arise from census operations and it is therefore that themediation mechanisms be available to cater for claims, disputes and grievances at thisearly stage.

7.3 Administrative mechanism and appeal to Court

Thanks to the existence of the first tier mechanism, Courts of law will be a "last resort"option, which in principle should only be triggered where first instance amicablemechanisms have failed to settle the grievance/dispute. However the Constitution allowsany aggrieved person the right of access to Court of law.

As mentioned in paragraph 3.3.2, the State Lands Act offers claimants the possibility tolodge a claim directly to the Minister in charge of implementing compulsory acquisition(in this Project, the Ministry of Works and Housing):

'Any person claiming a right or having an interest in any land subject to an instrumentmade under section 1 of this Act or whose right or interest in any such land is affected inany manner shall, within three months from the date of the publication of the instrument...submit in writing to the Minister, (a) particulars of his claim or interest in the land; (b) themanner in which his claim or interest has been affected by the instrument; (c) the extentof any damage done; (d) the amount of compensation claimed and the basis for thecalculation of the compensation, and the Minister may, having regard to the marketvalue or the replacement value of the land or the cost of disturbance or any otherdamage suffered thereby, pay compensation in respect of that land or make an offer ofland of equivalent value."

The State Lands Act further provides that:

"Where there is a dispute as to the right or interest claimed by reason of conflictingclaims or interests, or any person is not satisfied with the compensation assessed by theMinister, the Minister may refer the matter to the Tribunal."



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As a result of the 1992 Constitution, which supersedes the Lands Act (without repealingit), this as-hoc Tribunal no longer exists, and is replaced by the first instance Court ofLaw, which any citizen can lodge a case with.

7.4 Documentation and tracing

Appendix 10 presents a template form for claims. It is advised that these forms becollated on a quarterly basis into a database held at Project level.


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8 VULNERABLE GROUPS

8.1 Identification of vulnerable groups

Vulnerable groups are those at risk of becoming more vulnerable due to thedisplacement, compensation, and resettlement process. Vulnerable people include, butnot limited to:

* disabled persons, whether mentally or physically;* the elderly;* widows;* children;* female heads of households.

8.2 Assistance to vulnerable people

Assistance to vulnerable people may include the following:* Identification of vulnerable people and identification of the cause and impacts of

their vulnerability, either through direct interviews by the Project social worker orthrough the community; this step is critical because often vulnerable people donot participate in community meetings, and their disability/vulnerability mayremain unknown;

* Identification of required assistance at the various stages of the process:negotiation, compensation, moving;

* Implementation of the measures necessary to assist the vulnerable person; and* Monitoring and continuation of assistance after resettlement and/or

compensation, if required.

Assistance may take the following forms, depending upon vulnerable persons' requestsand needs:

* Assistance in the compensation payment procedure (e.g., going to the bank withthe person to cash the compensation check);

* Assistance in the post payment period to secure the compensation money andreduce risks of misuse/robbery;

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

* Assistance in building: providing materials, workforce, or building houses; and* Health care if required at critical periods: moving and transition period.

8.3 Provisions to be made in RAPs/ARPs

Vulnerable people will be identified at census stage. Each RAP or ARP developed underthe WSR Project will make precise provisions with respect to assistance to vulnerablegroups, for example amongst assistance possibilities listed above in paragraph 8.2.


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9 MONITORING AND EVALUATION

9.1 General objectives of monitoring and evaluation

Evaluation and monitoring are key components of the Resettlement Policy Framework.They have the following general objectives:

* Monitoring of specific situations or difficulties arising from the implementation,and of the compliance of the implementation with objectives and methods as setout in this Resettlement Policy Framework;

* Evaluation of the mid- and long-term impacts of the Resettlement and RelocationAction Plan on affected households' livelihood, environment, local capacities, oneconomic development and settlement.

Monitoring aims to correct implementation methods during the course of the Project, asrequired, while evaluation is intended at checking whether policies have been compliedwith and providing lessons learnt for amending strategies and implementation in alonger term perspective. Monitoring will be internal and evaluation external.

9.2 Monitoring

9.2.1 Scope and content

Monitoring will address the following aspects:* Social and economic monitoring: follow-up of the status of displacees/resettlers,

cost of housing in the displacement area, re-establishment of livelihoodsincluding agriculture and other activities;

* Technical monitoring: supervision of infrastructure and housing constructionwhere relevant, commissioning and testing of the technical components of theresettlement housing;

* Grievances and grievance management system;* Assistance in livelihood restoration: agriculture and business re-establishment

and assistance.

9.2.2 Monitoring indicators

The GWCUPMU will keep the following statistics on an annual basis:* Numbers of households and individuals affected by Project activities,* Numbers of households and individuals relocated as a result of Project activities

and their destinations,* Amounts of compensation paid,* Number of grievances registered.

An annual monitoring report will be developed internally by the GWCUPMU at federallevel based on annual reports prepared by the Regions.

9.3 Evaluation

9.3.1 Evaluation objectives

Reference documentation for the evaluation will be the following:* This Resettlement Policy Framework;* The Ghanaian laws and regulations as described above in Section 2.3 and as

they stand in April 2004;



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The applicable World Bank Safeguard Policies as they stand in April 2004, i.e.OP 4.12 "Involuntary Resettlement".

The evaluation has the following specific objectives:* General assessment of the compliance of the implementation of resettlement

activities with objectives and methods as set out in this RPF;. Assessment of the compliance of the implementation of resettlement activities

with laws, regulations and safeguard policies as stated above;. Assessment of resettlement and relocation procedures as they have been

implemented;. Evaluation of the impact of the resettlement and relocation programs on incomes

and standard of living, with focus on the "no worse-off if not better-off"requirement;

. Identification of actions to take as part of the on-going monitoring to improve thepositive impacts of the programme and mitigate its possible negative impacts, ifany.

9.3.2 Evaluation Process

Evaluation of resettlement activities will be part of general assessment and reviewactivities undertaken for the Project as a whole.


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10 CONSULTATION AND DISCLOSURE

10.1 Consultation on the Resettlement Policy Framework

As provided under WB policy OP 4.12, information and consultation on the WSRPResettlement Policy Framework shall be organized as follows:

* Circulation of the draft RPF for comments to all relevant institutions (e.g. GWCL,all Land agencies, the EPA, and others as appropriate),

* Communication of comments to the Consultant for incorporation into a final RPF,together with WB comments,

* Presentation of the executive summary of the draft RPF to District Assembliesconcerned by the Project.

As provided by the Terms of Reference of this assignment, consultation on the RPF is tobe organized by the Government of Ghana through the GWCL/PMU.

10.2 Consultation on RAPs and ARPs

As mentioned in section 4.2.2 (figures 2 and 3), two steps of information andconsultation are proposed to be implemented in the course of the preparation of RAPsand ARPs:

* Initial information:o This step should coincide with the cut-off date (information should not be

delivered in advance of the cut-off date to avoid encroachment of newarrivals),

o Basic information will be provided to potentially affected people on theProject, and resettlement and compensation principles as they areoutlined in this RPF,

o This step should take the form of one public meeting for each sub-project,

* Consultation on draft RAP/ARP: once these are available in draft form, theyshould be discussed with local authorities (e.g. District Assemblies) and affectedcommunities, whose comments will be incorporated into final documents.

Appendix 11 presents a template that can be used during both preparation andimplementation of resettlement activities to record minutes of consultation meetings.

10.3 Disclosure requirements

10.3.1 Ghanaian legal requirements

Ghanaian law (State Lands Act, 1962) requires that:

'A copy of the instrument (NB: declaring any land specified in the instrument ... to beland required in the public interest) shall "(a) be served personally on any person havingan interest in the land; or (b) be left with any person in occupation of the land; and (c) beaffixed at a convenient place on the land; and (d) be published on three consecutiveoccasions in a newspaper circulating in the district where the land is situated. "



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This requirement has to be met wherever a legal process of land acquisition has to betriggered (see Figure 3 in section 4.2.2). As mentioned above in paragraph 10.2,attention needs to be paid to the harmonization of the cut-off date with this disclosure,so as to avoid massive encroachment of the affected areas. The cut-off date should betherefore be set on the same date when the instrument is disclosed.

10.3.2 World Bank requirements

OP 4.12 states that:

"As a condition of appraisal of projects involving resettlement, the borrower provides theBank with the relevant draft resettlement instrument which conforms to this policy, andmakes it available at a place accessible to displaced persons and local NGOs, in a form,manner, and language that are understandable to them. Once the Bank accepts thisinstrument as providing an adequate basis for project appraisal, the Bank makes itavailable to the public through its InfoShop. After the Bank has approved the finalresettlement instrument, the Bank and the borrower disclose it again in the samemanner."


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11 IMPLEMENTATION RESPONSIBILITIES

11.1 Implementation responsibilities

The following table shows the share of responsibilities between the different agenciesinvolved for each task:

Table 6 Implementation responsibilities

Task Lead agency & partnerships

1 Siting and routing of project components Supervising Engineer under PMU

2 Preliminary reconnaissance of resettlement GWCL regional office in charge of theissues sub-project, with Resettlement

Consultant

3 Assessment of the need for rerouting / GWCL regional office. Relatedresiting certain sub-project components in instructions to Supervising Engineer forcase they affect inhabited dwellings rerouting/resiting to be notified through

the PMU

4 Re-siting and re-routing of those Sub- Supervising Engineer under PMUProject components that would entailimpacts on inhabited dwellings

5 Assessment of the need for land acquisition GWCL regional office, with supportfrom GWCL Estates Department

6 Assessment of the number of affected GWCL regional office with Districtpeople officials and community

representatives, with ResettlementConsultant

7 Trigger the procedures required to At national level: GWCL Estatesundertake land acquisition under Department, with Lands Commissioncompulsory acquisition and Land Valuation Board

At regional level: GWCL regional officewith regional offices of the LandsCommission and the Land ValuationBoard

8 Decision on whether a RAP or ARP is PMUneeded

9 Preparation of RAPs Resettlement Consultant hired by thePMU with support from the GWCLregional office and GWCL EstatesDepartment

10 Preparation of ARPs GWCL regional office with support fromGWCL estates division and PMU


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Task Lead agency & partnerships

11 Organize and implement census of affected Resettlement Consultant in charge of

people and census and valuation of affected RAPs, with Lands Commission and

assets in the framework of the development Land Valuation Board (potentially sub-

of a RAP or ARP contracting valuation to certifiedvaluers)

12 Organize and implement census of affected GWCL regional office with Landspeople and affected assets in the Commission and Land Valuation Boardframework of the development of an ARP regional offices

13 Identify vulnerable people when developing Resettlement Consultant for RAPs or

RAPs and ARPs GWCL regional office for ARPs

14 Review of RAPs and ARPs PMU and World Bank

15 Budgeting of compensation costs PMU with relevant authorities in thecentral Government

16 Determine arrangements for channelling PMU with relevant authorities in the

compensation funds central Government

17 Implement RAPs and ARPs GWCL regional offices with technicalsupport from the PMU (technicalassistance by consultants may berequired)

11.2 Resources, technical support and capacity enhancement

11.2.1 Resources available to deal with resettlement issues

GWCL has few human resources available to deal with land, compensation and

resettlement issues. The Estate Unit in the headquarters has only three staff. The

regional offices are reported to deal with land issues and seek relevant cooperation from

competent agencies at regional level, such as the regional branches of the Lands

Commission and the Land Valuation Board. However, there are reports that land and

compensation issues are not always dealt with effectively. For instance, some GWCL

facilities are reported to have been in operation for many years on land that was nevercompensated for.

11.2.2 Technical support and capacity building

Compliance with World Bank policies needs some capacity building at the levels of both

Project management (GWCUPMU) and Project implementation at the regional level

(GWCLUregional offices). A training workshop is to be organized as part of this

assignment (see Resettlement Training Plan).

In addition to this session, the following activities are proposed with respect to technicalsupport and capacity building:

* The first RAP to be prepared in the framework of this Project should be

developed by Ghanaian consultants with support from an experiencedinternational consultant, in order to bring in international experience into fieldpractice;

Ghana WSRP RPF 9P25031R/FG/Rottl

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At implementation stage, it is recommended that Ghanaian consultants providesupport to GWCL offices and other parties involved.

Budgetary provisions are made accordingly.


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12 BUDGET AND FUNDING

12.1 Budget of resettlement activities related with FYIP

Based on the preliminary quantitative estimate of affected assets and affected peoplepresented in paragraph 2.3, the budget for resettlement activities associated with theFirst Year Implementation Plan is assessed as follows:

Table 7 Estimated and Tentative Resettlement Budget for FYIP

IrEM Ghanaian Cedis USD

2 PLAND ACQUISITION

I1 Compensation for permanent acquisition of land 810 000 000 90 000

12 Compensation for acquisition of easement rights 108 000 000 12 000

13 Compensation for temporary occupation of land 54 000 000 6 000

Subtotal (land acquisition) 972 000 000 108 000

2 CROP COMPENSATION

21 Compensation fordestruction of standing crops 405 000 000 45 000

22 Compensation for damaged crops 180 000 000 20 000

Subtotal (crop compensation) 585 000 000 65 000

3 STRUCTURES

31 Compensation for destruction of permanent immoveable structures 63 000 000 7 000

32 Temporary displacement of moveable structures 1 350 000 000 150 000

Subtotal (structures) 1 413 000 000 157 000

4 LIVELIHOOD RESTORATION

41 Farmers

411 Compensation for farmers'loss of income 90 000 000 10 000

412 Additional assistance (including vulnerable people) 45 000 000 5 000

42 Businesses

421 Compensation for businesspersons' loss of income 900 000 000 100 000


43 Users of communal resources

431 Cash compensation of losses of income 54 000 000 6 000


Subtotal (livelihood restoration) 1 179 000 000 131 000

5 DISTURBANCEALLOWANCE- 10% OF COMPENSATIONS

Subtotal (contingencies) 297 000 000 33 000

6 NIMPLEMENTATION COSTS - CAPACITY BUILDING -6___ CONSULTING

61 Development of RA Ps and A RPs 900 000 000 100 000

62 Legal fees 180 000 000 20 000

63 Capacity building - international consultant 450 000 000 50 000

Subtotal (implementation) 1 530 000 000 170 000

TOTAL COMPENSATIONS (Government of Ghana) 4 446 000 000 494 000

TOTAL IMPLEMENTATION (IDA loan) 1 530 000 000 170 000

GRAND TOTAL 5 976 000 000 664 000


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This budget will need refinement when RAPs and ARPs are developed.

Appendix 12 provides a template for the itemization of budgets to be prepared underRAPs and ARPs.

12.2 Arrangements for funding

According to its Involuntary Resettlement policy (OP 4.12), "the Bank does not disburseagainst cash compensation and other resettlement assistance paid in cash, or againstthe cost of land (including compensation for land acquisition). However, it may financethe cost of land improvement associated with resettlement activities."

As a result, the IDA loan under which the WSR is funded cannot finance cashcompensation or land acquisition for resettlement purposes.

Compensation and land acquisition for resettlement sites (if any need) will be funded bythe Government of Ghana. Fund channelling arrangements are to be determined by theGWCLUPMU.

In the unlikely event where resettlement housing would need to be constructed, this canbe funded by the IDA loan, as well as consulting services, supervision, monitoring andevaluation.

Appendix 12 provides a template compensation payment form.

12.3 Compensation payment procedure

Each eligible affected person will sign a compensation certificate together with theauthorized Project representative. The compensation certificate will clarify mutualcommitments as follows:

* on the Project side: commitment to pay the agreed compensation, including allits components (resettlement package, in-kind compensation and cashcompensation);

* on the affected person's side: commitment to vacate the land by the agreeddate.

The format of payment certificates will be developed in order to be as easilyunderstandable as possible to affected residents.

Compensation will be paid prior to the affected person vacating the land. Actual vacationwill be monitored by GWCL in cooperation with local authorities (District Assemblyrepresentatives and local elders).

12.4 Priority tasks

As soon as the design consultant has finalized preliminary routing and siting of sub-project components in Accra and Kumasi, preliminary reconnaissance of resettlementand land acquisition issues related with these sub-projects will need to be carried out assoon as practical. Following this pre-identification, processes outlined in Figures 2 & 3will need to be followed, including the determination and release of the cut-off date.



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Appendix 1List of officials met

Ghana WSRP RPF 9P2503/R/FG/RottlDraft final report April 2004

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List of officials met

Name Position OrganizationLokko, Fred C. Regional Chief Manager, Accra West Ghana Water Company

Bayor, M.A.M. Director, Human Resources and Administration Land Valuation Board

Dayuor, Head of Estate Unit Ghana Water CompanyAugustineNkrumah, Water Sector Restructuring Project, Project Ghana Water CompanyEmmanuel Director, Project Management Unit, Water

Resources Commission

Bampoh, Daniel Engineer, Project Management Unit, Water Ghana Water CompanyResources Commission

Adjei, Benson Senior valuer, Accra Regional Office Land Valuation Board

Nuduo, E.D. Executive Secretary Land Valuation BoardAdu, Mr Deputy Chief Lands Officer Lands Commission

Odame, Mr Land Valuation BoardAgyemang, Mr Ministry of Lands and

ForestryOkine, Asante Chief resettlement officer Volta River Authority



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Appendix 2List of documents reviewed and/or used


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List of documents reviewed and/or used

Author Document name Date

Esso Exploration and Production Chad Oil Project: Resettlement Action Plan August 2001

Giovannetti for AES Ltd Bujagali hydropower project (Uganda) - February 2002Resettlement Action Plan

Giovannetti for AgenceMauritanienne d'Execution des El Mina, Nouakshott: Slum upgrading December 2000Travaux d'Interet Public programme, Resettlement Action Plan

Giovannetti for Ministry of Water Water Supply and Sanitation Project -Resources, Federal Democratic Resettlement Policy Framework February 2004Republic of Ethiopia

Giovannetti for SOCOPRIM SA Liaison Riviera Marcory, Abidjan, Cote April 1998d'lvoire - Resettlement Action Plan

Ministry of Education, Youth and Education Sector Project - Resettlement June 2003Sports Policy Framework

Ministry of Land and Forestry Ghana Land Administration Project - January 2003Resettlement Policy Framework

Pooley and Mensah for GhanaianAustralian Goldfields Ltd, Teberebie South East Waste Rock Dump - October 2003Iduapriem - Teberebie Resettlement Action PlanOperations, Tarkwa, Ghana

Distribution System Upgrade Project -Refast Consulting, Tema, Ghana, Environmental and Social Impact December 2003for Ministry of Energy and Assessment - Volume 2 (Compensation andElectricity Company of Ghana Resettlement Plan)

Ghana Thermal Power Project - Prestea-Volta River Authority Obuasi Transmission Line - Resettlement

Action Plan, Resettlement Audit, Lessons for September 2003the Future

World Bank Group OP 4.12 - Involuntary Resettlement December 2001

World Bank Group BP 4.12 - Involuntary Resettlement December 2001

World Bank Group OP 4.12 - Involuntary Resettlement - Annex December 2001~A

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Appendix 3Project description (FYIP)


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Project description (FYIP)

Location Project Component

ASHANTI

1 Obuasi 100mm dia uPVC distr. Mains at Gausu/Ramia(5km)

100mm dia uPVC mains ext. at Abompekrom/Nyamebekyere(3km)

100mm dia. uPVC mains ext. at Bogobire/Nkamprom/Bedieso(3km)

100mm dia. uPVC Mains Extension at Link Industrial Area(2km)

2 Agona/Jamasi Drilling and mechanisation of 2 boreholes + redeveloping of one borehole

3 Kumasi City Continuation of 250mm uPVC class "C" mains extension from airport to

Buokrom/Kenyase(3km)

400mm uPVC class "C" trunk mains reinforcement from Abrepo Junction to Sofoline

Roudabout(3km)

300mm uPVC class "C" distribution mains renewal from Sofoline Roudabout to

Asuoyeboo(3km)

300mm uPVC class "C" mains reinforcement from Sofoline to Santasi Roudabout(4km)

400mm uPVC class "C" trunk mains extension from Asokwa Police Station to Anloga

Junction

4 Kumasi South 200mm uPVC class "C" mains extension from Ahodwo Roundabout to Atinga Station(0.5km)

5 Kumasi West 200mm uPVC class "C" mains extension from Agric Junction(Sunyani Road) to Agric.

College(4km)

100mm uPVC mains extension at Edwenasi(4km)

150mm uPVC mains extension from Agric station to Nzema (3km)

100mm uPVC mains extension from Santasi to Atasomanso Zongo (3km)

6 Kumasi East 200mm uPVC mains extension from Santasi to Asokore Mampong(2km)

7 Kumasi 100mm uPVC distribution in Pankrono (5km) + Booster station

North/East

8 Mampong distribution extension of 100mm, 2km and 150mm(5km)

Ashanti



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100mm uPVC dia. UPVC distribution mains extension to Nsutaman Sec. Sch (1km) + 2kmfor distribution in Beposo and Nsuta town

CENTRAL REGION1 Cape Coast Dredge Raw Water Reservoir at Brimsu

Renewal of transmission mains 150mm AC from Bakano through to Ola Estate with 200mmdia uPVC (4km)

Extend pipes to settlements around UCC including Kwapro, Kwesiprah, Amomama, andApewosika involving transmission main, 4km of 150mm uPVC and distribution of 2.6km of100mm dia pipeline

2 Elmina Relocation of 150mm, 1.3km pipeline Elmina new market +200mm, 1.9km at Barnor Hill

3 Komenda Reinforcement of the pipelines at Komenda(150mm, 1.9km) and Kissi-Kwahinkrom(150mm,3.1 km)

GREATER ACCRA1 Accra Nortwest Extension to Awoshie100mm(lOkm), Anyaa 100mm (10km), Ablekuma(NIC) 100mm(lOkm) -

Distribution system to connect to transmission mains under construction.

Renew 500mm trnsmission main, 5km AC pipeline from Busia Junction to DansomanRoundabout with HDPE

Replace 100mm, 0.5km AC pipeline in Awudome Estates with PVC

Extension with 100mm, PVC pipeline to Darkuman(Circle Trotro Station)(0.3km), andOdorkor Official town(0.2km)

Replace 150mm, 1km, AC pipeline at CMB flat, Kaneshie Kwasiemann with with PVC pipe

Extension with 100mm, PVC pipeline to Opete Kwei. 1 km

Provide mains extension 150mm, 4km uPVC to Gbawe and Trantra Hill to connect to existingtransmission mains

2 Accra West Replace 100mm, choked old cast iron pipe in Chorkor-(Attoh Quashie-ChemunaTr. St.),0.45km ,Old Winneba Road,0.5km

Replacement of AC pipelines 150mm, 1.5km, Gamot-Interplast-Anyidaho,

Extensions Abeka Lapaz (NM, OB) 150mm, 5km, Abeka Lapaz(RC,PGH)100mm, 5km

Extensions to Chantan, lsrael(150mm, 3km) Sowutuom(Polo J, MR) 100mm, 5km

Mains extension to Zongo junction (GWCL office, Radio Gold), 100mm, 0.3km

Replace 100mm, 0.3km uPVC at Abbosey Okai(Anglican Church) and Korle Gonno

Mains extension 100mm, 0.5km to Laterbiokorshie, and 1km to GWCL Office(Ac. West),0.3km to Mamprobi (Abodwe Area-Link 3Ring Network)


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distribution mains extension to Kasoa township(150mm, 5km,) to connect transmission lineunder construction

3 Accra East Mains extension to Abavana Junction down, Nestle Gulf house, 100mm, 3km

Replacement of pipelines: MATS to Teshie old town, 100mm, 4km, Teshie Guest Inn Road-CDR, 150mm, 1.2km

Nungua Zongo, Opoi Gonno, Camp 2(New Area), 100mm, 3kmExpansion to Asafoiatse Nettey Road,200mm, 3km Osu Salem Road 100mm, 2.0km

4 Tema Mains extension, 150mm to Celebrity Area, 4.0km, Unilever Area, 3.6km,Mains extension to Adjei Kojo, 100mm,2km; Baatsona 150mm, 5.0km, and New town

NORTHERN REGIONTamale Replace 50mm bottleneck with 100mm pvc (2.7km)

Complete replacement of 250mm , 1.5km steel pipe from Gumo station to airforce station

Replace 50mm bottleneck with 100mm pvc (2.1km) & network all pipes that cover the area toimprove flow

Extend pipelines to Airforce/Airborne Station, 100mm, 2km

Replace 300mm AC line with uPVC, 2.1km at Zogbeli-Lamashegu

Extend pipelines to Adubiliyili, Tugu Yapale, Banvim, Bilpela, Ghana Sec.Sch., Vittin, ChecoISalaga Rdi. B,sco. I10umm. 6Km

UPPER EAST REGION1 Navrongo Drilling and mechanisation of 3 boreholes

VRA power extension to all boreholes

Laying of 150mm, 3km transmision mains

Rehabilitation of existing tank

2 Bawku Redevelopment and mechanisation of additional 5no. existing boreholes

Extension of VRA grid,1 Okm

Laying of transmission mains, 200mm(3km),

VOLTA REGION1 Ho 100mm uPVC mains extension on Adaklu Road(4km)

100mm uPVC mains extension to Tsiyikpota(2.5km)

150mm uPVC mains extension to Kabaka(2.0)


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100mm uPVC mains extension to Kpenoe(2km)

100mm uPVC mains extension to proposed EP University(2km)

100mm uPVC distribution improvement at afifekope(2.Okm)

100mm uPVC distribution improvement at Sokode (1.0km)

2 Hohoe relocate 150/250mm AC mains with 150/250mm uPVC along St. Francis college

Mains extension to Bla, Water Works road(3km), Kpeme/Gbohome/Lowcost, Wegbe/Lolobi

3 Deneu/Aflao Mains extension to low cost area-Aflao, and New Hope Clinic Area Denu, both 100mm, 2km

Mains extension to Market Square & Beat 9 Road, 100mm, 3.0km

Rehabilitation of 90m3 GRP tank at Aflao

4 Peki 100mm uPVC mains extension to Peki Adzokoe(1.Okm)

100mm uPVC mains extension to Peki Dzake(1.0km)

WESTERN REGION1 Sekondi/ Mains extension to Beach road, 100mm uPVC pipe, 1.5km

TakoradiMains extension to West Anaji, 100mm uPVC pipe, 2.0km

Mains extension to Namibia, 100mm uPVC pipe, 3.0km

Mains extension to Kwesimintsim, 100mm uPVC pipe, 1.0km and other areas

Mains extension to New Kwesimintsim, 100mm uPVC pipe, 2.0km

Mains extension to Tadisco down, and others 100mm uPVC pipe, 1 Okm

Ghana WSRP RPF 9P2503/R/FG/RottlDraft final report -7- April 2004

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Appendix 4World Bank Policy on Involuntary Resettlement

(OP 4.12)


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World Bank policy on involuntary Resettlement (OP 4.12)

OP 4.12December 2001

These policies were prepared for use by World Bank staff and are not necessarily a completetreatment of the subject.

Involuntary Resettlement

Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BPapply to all projects for which a Project Concept Review takes place on or after January 1,2002. Questions may be addressed to the Director, Social Development Department (SDV).

1. Bank I experience indicates that involuntary resettlement under development projects, ifunmitigated, often gives rise to severe economic, social, and environmental risks: productionsystems are dismantled; people face impoverishment when their productive assets or incomesources are lost; people are relocated to environments where their productive skills may beless applicable and the competition for resources greater; community institutions and socialnetworks are weakened; kin groups are dispersed; and cultural identity, traditional authority,and the potential for mutual help are diminished or lost. This policy includes safeguards toaddress and mitigate these impoverishment risks.

Policy Objectives

2. Involuntary resettlement may cause severe long-term hardship, impoverishment, andenvironmental damage unless appropriate measures are carefully planned and carried out.For these reasons, the overall objectives of the Bank's policy on involuntary resettlement arethe following:(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring allviable alternative project designs.2(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceivedand executed as sustainable development programs, providing sufficient investmentresources to enable the persons displaced by the project to share in project benefits.Displaced persons3 should be meaningfully consulted and should have opportunities toparticipate in planning and implementing resettlement programs.(c) Displaced persons should be assisted in their efforts to improve their livelihoods andstandards of living or at least to restore them, in real terms, to pre-displacement levels or tolevels prevailing prior to the beginning of project implementation, whichever is higher.4

Impacts Covered

3. This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects6, and are caused by

(a) the involuntary7 taking of land8 resulting in

(i) relocation or loss of shelter;(ii) lost of assets or access to assets; or



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(iii) loss of income sources or means of livelihood, whether or not the affected personsmust move to another location; or

(b) the involuntary restriction of access9 to legally designated parks and protected areasresulting in adverse impacts on the livelihoods of the displaced persons.

4. This policy applies to all components of the project that result in involuntary resettlement,regardless of the source of financing. It also applies to other activities resulting ininvoluntary resettlement, that in the judgment of the Bank, are (a) directly and significantlyrelated to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in theproject documents; and (c) carried out, or planned to be carried out, contemporaneously withthe project.

5. Requests for guidance on the application and scope of this policy should be addressed tothe Resettlement Committee (see BP 4.12, para. 7).10

Required Measures

6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares aresettlement plan or a resettlement policy framework (see paras. 25-30) that covers thefollowing:

(a) The resettlement plan or resettlement policy framework includes measures to ensure thatthe displaced persons are

(i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically andeconomically feasible resettlement alternatives; and

(iii) provided prompt and effective compensation at full replacement cost] I for lossesof assets 12 attributable directly to the project.

(b) If the impacts include physical relocation, the resettlement plan or resettlement policyframework includes 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, agriculturalsites for which a combination of productive potential, locational advantages, and otherfactors is at least equivalent to the advantages of the old site. 13

(c) Where necessary to achieve the objectives of the policy, the resettlement plan orresettlement policy framework also include measures to ensure that displaced persons are

(i) offered support after displacement, for a transition period, based on a reasonableestimate of the time likely to be needed to restore their livelihood and standards ofliving; 14 and

(ii) provided with development assistance in addition to compensation measuresdescribed in paragraph 6(a) (iii), such as land preparation, credit facilities, training, orjob opportunities.

7. In projects involving involuntary restriction of access to legally designated parks andprotected areas (see para. 3(b)), the nature of restrictions, as well as the type of measuresnecessary to mitigate adverse impacts, is determined with the participation of the displacedpersons during the design and implementation of the project. In such cases, the borrowerprepares a process framework acceptable to the Bank, describing the participatory process bywhich


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(a) specific components of the project will be prepared and implemented;

(b) the criteria for eligibility of displaced persons will be determined;

(c) measures to assist the displaced persons in their efforts to improve their livelihoods, or atleast to restore them, in real terms, while maintaining the sustainability of the park orprotected area, will be identified; and

(d) potential conflicts involving displaced persons will be resolved.

The process framework also includes a description of the arrangements for implementingand monitoring the process.

8. To achieve the objectives of this policy, particular attention is paid to the needs ofvulnerable groups among those displaced, especially those below the poverty line, thelandless, the elderly, women and children, indigenous peoples, 1 5 ethnic minorities, or otherdisplaced persons who may not be protected through national land compensation legislation.

9. Bank experience has shown that resettlement of indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impactson their identity and cultural survival. For this reason, the Bank satisfies itself that theborrower has explored all viable alternative project designs to avoid physical displacementof these groups. When it is not feasible to avoid such displacement, preference is given toland-based resettlement strategies for these groups (see para. 11) that are compatible withtheir cultural preferences and are prepared in consultation with them (see Annex A, para.11).

10. The implementation of resettlement activities is linked to the implementation of theinvestment component of the project to ensure that displacement or restriction of access doesnot occur before necessary measures for resettlement are in place. For impacts covered inpara. 3(a) of this policy, these measures include provision of compensation and of otherassistance required for relocation, prior to displacement, and preparation and provision ofresettlement sites with adequate facilities, where required. In particular, taking of land andrelated assets may take place only after compensation has been paid and, where applicable,resettlement sites and moving allowances have been provided to the displaced persons. Forimpacts covered in para. 3(b) of this policy, the measures to assist the displaced persons areimplemented in accordance with the plan of action as part of the project (see para. 30).

11. Preference should be given to land-based resettlement strategies for displaced personswhose livelihoods are land-based. These strategies may include resettlement on public land(see footnote 1 above), or on private land acquired or purchased for resettlement. Wheneverreplacement land is offered, resettlers are provided with land for which a combination ofproductive potential, locational advantages, and other factors is at least equivalent to theadvantages of the land taken. If land is not the preferred option of the displaced persons, theprovision of land would adversely affect the sustainability of a park or protected area, 16 orsufficient land is not available at a reasonable price, non-land-based options built aroundopportunities for employment or self-employment should be provided in addition to cashcompensation for land and other assets lost. The lack of adequate land must be demonstratedand documented to the satisfaction of the Bank.

12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoodsare land-based but the land taken for the project is a small fraction] 7 of the affected assetand the residual is economically viable; (b) active markets for land, housing, and labor exist,displaced persons use such markets, and there is sufficient supply of land and housing; or (c)


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livelihoods are not land-based. Cash compensation levels should be sufficient to replace thelost land and other assets at full replacement cost in local markets.

13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:

(a) Displaced persons and their communities, and any host communities receiving them, areprovided timely and relevant information, consulted on resettlement options, and offeredopportunities to participate in planning, implementing, and monitoring resettlement.Appropriate and accessible grievance mechanisms are established for these groups.

(b) In new resettlement sites or host communities, infrastructure and public services areprovided as necessary to improve, restore, or maintain accessibility and levels of service forthe displaced persons and host communities. Alternative or similar resources are provided tocompensate for the loss of access to community resources (such as fishing areas, grazingareas, fuel, or fodder).

(c) Patterns of community organization appropriate to the new circumstances are based onchoices made by the displaced persons. To the extent possible, the existing social andcultural institutions of resettlers and any host communities are preserved and resettlers'preferences with respect to relocating in preexisting communities and groups are honored.

Eligibility for Benefits 18

14. Upon identification of the need for involuntary resettlement in a project, the borrowercarries out a census to identify the persons who will be affected by the project (see theAnnex A, para. 6(a)), to determine who will be eligible for assistance, and to discourageinflow of people ineligible for assistance. The borrower also develops a procedure,satisfactory to the Bank, for establishing the criteria by which displaced persons will bedeemed eligible for compensation and other resettlement assistance. The procedure includesprovisions for meaningful consultations with affected persons and communities, localauthorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifiesgrievance mechanisms.

15. Criteria for Eligibility. Displaced persons may be classified in one of the following threegroups:

(a) those who have formal legal rights to land (including customary and traditional rightsrecognized under the laws of the country);

(b) those who do not have formal legal rights to land at the time the census begins but have aclaim to such land or assets-provided that such claims are recognized under the laws of thecountry or become recognized through a process identified in the resettlement plan (seeAnnex A, para. 7(f)); andl9

(c) those who have no recognizable legal right or claim to the land they are occupying.

16. Persons covered under para. 15(a) and (b) are provided compensation for the land theylose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) areprovided resettlement assistanc2O in lieu of compensation for the land they occupy, andother assistance, as necessary, to achieve the objectives set out in this policy, if they occupythe project area prior to a cut-off date established by the borrower and acceptable to theBank.21 Persons who encroach on the area after the cut-off date are not entitled tocompensation or any other form of resettlement assistance. All persons included in para.15(a), (b), or (c) are provided compensation for loss of assets other than land.


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Resettlement Planning, Implementation, and Monitoring

17. To achieve the objectives of this policy, different planning instruments are used,depending on the type of project:

(a) a resettlement plan or abbreviated resettlement plan is required for all operations thatentail involuntary resettlement unless otherwise specified (see para. 25 and Annex A);

(b) a resettlement policy framework is required for operations referred to in paras. 26-30 thatmay entail involuntary resettlement, unless otherwise specified (see Annex A); and

(c) a process framework is prepared for projects involving restriction of access in accordancewith para. 3(b) (see para. 31).

18. The borrower is responsible for preparing, implementing, and monitoring a resettlementplan, a resettlement policy framework, or a process framework (the "resettlementinstruments"), as appropriate, that conform to this policy. The resettlement instrumentpresents a strategy for achieving the objectives of the policy and covers all aspects of theproposed resettlement. Borrower commitment to, and capacity for, undertaking successfulresettlement is a key determinant of Bank involvement in a project.

19. Resettlement planning includes early screening, scoping of key issues, the choice ofresettlement instrument, and the information required to prepare the resettlement componentor subcomponent. The scope and level of detail of the resettlement instruments vary with themagnitude and complexity of resettlement. In preparing the resettlement component, theborrower draws on appropriate social, technical, and legal expertise and on relevantcommunity-based organizations and NGOs.22 The borrower informs potentially displacedpersons at an early stage about the resettlement aspects of the project and takes their viewsinto account in project design.

20. The full costs of resettlement activities necessary to achieve the objectives of the projectare included in the total costs of the project. The costs of resettlement, like the costs of otherproject activities, are treated as a charge against the economic benefits of the project; andany net benefits to resettlers (as compared to the "without-project" circumstances) are addedto the benefits stream of the project. Resettlement components or free-standing resettlementprojects need not be economically viable on their own, but they should be cost-effective.

21. The borrower ensures that the Project Implementation Plan is fully consistent with theresettlement instrument.

22. As a condition of appraisal of projects involving resettlement, the borrower provides theBank with the relevant draft resettlement instrument which conforms to this policy, andmakes it available at a place accessible to displaced persons and local NGOs, in a form,manner, and language that are understandable to them. Once the Bank accepts thisinstrument as providing an adequate basis for project appraisal, the Bank makes it availableto the public through its InfoShop. After the Bank has approved the final resettlementinstrument, the Bank and the borrower disclose it again in the same manner.23

23. The borrower's obligations to carry out the resettlement instrument and to keep the Bankinformed of implementation progress are provided for in the legal agreements for the project.

24. The borrower is responsible for adequate monitoring and evaluation of the activities setforth in the resettlement instrument. The Bank regularly supervises resettlementimplementation to determine compliance with the resettlement instrument. Upon completion



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of the project, the borrower undertakes an assessment to determine whether the objectives ofthe resettlement instrument have been achieved. The assessment takes into account thebaseline conditions and the results of resettlement monitoring. If the assessment reveals thatthese objectives may not be realized, the borrower should propose follow-up measures thatmay serve as the basis for continued Bank supervision, as the Bank deems appropriate (seealso BP 4.12, para. 16).

Resettlement Instruments

Resettlement Plan

25. A draft resettlement plan that conforms to this policy is a condition of appraisal (seeAnnex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, whereimpacts on the entire displaced population are minor,25 or fewer than 200 people aredisplaced, an abbreviated resettlement plan may be agreed with the borrower (see An Aex_,para. 22). The information disclosure procedures set forth in para. 22 apply.


26. For sector investment operations that may involve involuntary resettlement, the Bankrequires that the project implementing agency screen subprojects to be financed by the Bankto ensure their consistency with this OP. For these operations, the borrower submits, prior toappraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras.23-25). The framework also estimates, to the extent feasible, the total population to bedisplaced and the overall resettlement costs.

27. For financial intermediary operations that may involve involuntary resettlement, theBank requires that the financial intermediary (FI) screen subprojects to be financed by theBank to ensure their consistency with this OP. For these operations, the Bank requires thatbefore appraisal the borrower or the Fl submit to the Bank a resettlement policy frameworkconforming to this policy (see Annex A, paras. 23-25). In addition, the framework includesan assessment of the institutional capacity and procedures of each of the FIs that will beresponsible for subproject financing. When, in the assessment of the Bank, no resettlement isenvisaged in the subprojects to be financed by the Fl, a resettlement policy framework is notrequired. Instead, the legal agreements specify the obligation of the FIs to obtain from thepotential subborrowers a resettlement plan consistent with this policy if a subproject givesrise to resettlement. For all subprojects involving resettlement, the resettlement plan isprovided to the Bank for approval before the subproject is accepted for Bank financing.

28. For other Bank-assisted project with multiple subprojects26 that may involve involuntaryresettlement, the Bank requires that a draft resettlement plan conforming to this policy besubmitted to the Bank before appraisal of the project unless, because of the nature and designof the project or of a specific subproject or subprojects (a) the zone of impact of subprojectscannot be determined, or (b) the zone of impact is known but precise sitting alignmentscannot be determined. In such cases, the borrower submits a resettlement policy frameworkconsistent with this policy prior to appraisal (see Annex A, paras. 23-25). For othersubprojects that do not fall within the above criteria, a resettlement plan conforming to thispolicy is required prior to appraisal.

29. For each subproject included in a project described in para. 26, 27, or 28 that mayinvolve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviatedresettlement plan that is consistent with the provisions of the policy framework be submittedto the Bank for approval before the subproject is accepted for Bank financing.


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30. For projects described in paras. 26-28 above, the Bank may agree, in writing, thatsubproject resettlement plans may be approved by the project implementing agency or aresponsible government agency or financial intermediary without prior Bank review, if thatagency has demonstrated adequate institutional capacity to review resettlement plans andensure their consistency with this policy. Any such delegation, and appropriate remedies forthe entity's approval of resettlement plans found not to be in compliance with Bank policy,are provided for in the legal agreements for the project. In all such cases, implementation ofthe resettlement plans is subject to ex post review by the Bank.

Process Framework

31. For projects involving restriction of access in accordance with para. 3(b) above, theborrower provides the Bank with a draft process framework that conforms to the relevantprovisions of this policy as a condition of appraisal. In addition, during projectimplementation and before to enforcing of the restriction, the borrower prepares a plan ofaction, acceptable to the Bank, describing the specific measures to be undertaken to assist thedisplaced persons and the arrangements for their implementation. The plan of action couldtake the form of a natural resources management plan prepared for the project.

Assistance to the Borrower

32. In furtherance of the objectives of this policy, the Bank may at a borrower's requestsupport the borrower and other concerned entities by providing

(a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks,and specific plans at a country, regional, or sectoral level;

(b) financing of technical assistance to strengthen the capacities of agencies responsible forresettlement, or of affected people to participate more effectively in resettlement operations;

(c) financing of technical assistance for developing resettlement policies, strategies, andspecific plans, and for implementation, monitoring, and evaluation of resettlement activities;and

(d) financing of the investment costs of resettlement.

33. The Bank may finance either a component of the main investment causing displacementand requiring resettlement, or a free-standing resettlement project with appropriate cross-conditionalities, processed and implemented in parallel with the investment that causes thedisplacement. The Bank may finance resettlement even though it is not financing the maininvestment that makes resettlement necessary.

34. The Bank does not disburse against cash compensation and other resettlement assistancepaid in cash, or against the cost of land (including compensation for land acquisition).However, it may finance the cost of land improvement associated with resettlementactivities.

1. "Bank" includes IDA; "loans" includes credits, guarantees, Project Preparation Facility (PPF)advances and grants; and "projects" includes projects under (a) adaptable program lending; (b)learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they includeinvestment activities; (d) grants under the Global Environment Facility and Montreal Protocol, forwhich the Bank is the implementing/executing agency; and (e) grants or loans provided by otherdonors that are administered by the Bank. The term "project" does not include programs underadjustment operations. "Borrower" also includes, wherever the context requires, the guarantor or theproject implementing agency.


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2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should betaken into account, as relevant. These policies include OP 4.01 Environmental Assessment, OP 4.04Natural Habitats, OP 4.1 1 Safeguarding Cultural Property in Bank-Assisted Projects, and OD 4.20Indigenous Peoples.3. The term "displaced persons" refers to persons who are affected in any of the ways described inpara. 3 of this OP.4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore theirlivelihoods in a manner that maintains the sustainability of the parks and protected areas.5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower toundertake a social assessment and implement measures to minimize and mitigate adverse economicand social impacts, particularly upon poor and vulnerable groups. Other environmental, social, andeconomic impacts that do not result from land taking may be identified and addressed throughenvironmental assessments and other project reports and instruments.6. This policy does not apply to restrictions of access to natural resources under community-basedprojects, i.e. where the community using the resources decides to restrict access to these resources,provided that an assessment satisfactory to the Bank establishes that the community decision-makingprocess is adequate, and that it provides for identification of appropriate measures to mitigate adverseimpacts, if any, on the vulnerable members of the community. This policy also does not coverrefugees from natural disasters, war, or civil strife (see QP/BP 8.50, Emergency Recovery Assistance).7. For purposes of this policy, "involuntary" means actions that may be taken without the displacedperson's informed consent or power of choice.8. "Land" includes anything growing on or permanently affixed to land, such as buildings and crops.This policy does not apply to regulations of natural resources on a national or regional level topromote their sustainability, such as watershed management, groundwater management, fisheriesmanagement, etc. The policy also does not apply to disputes between private parties in land titlingprojects, although it is good practice for the borrower to undertake a social assessment and implementmeasures to minimize and mitigate adverse social impacts, especially those affecting poor andvulnerable groups.9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use ofresources imposed on people living outside the park or protected area, or on those who continue livinginside the park or protected area during and after project implementation. In cases where new parksand protected areas are created as part of the project, persons who lose shelter, land, or other assets arecovered under para. 3(a). Persons who lose shelter in existing parks and protected areas are alsocovered under para. 3(a).10. The Resettlement Sourcebook (forthcoming) provides good practice guidance to staff on thepolicy.11. "Replacement cost" is the method of valuation of assets that helps determine the amount sufficientto replace lost assets and cover transaction costs. In applying this method of valuation, depreciation ofstructures and assets should not be taken into account (for a detailed definition of replacement cost,see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetaryterms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas),attempts are made to establish access to equivalent and culturally acceptable resources and earningopportunities. Where domestic law does not meet the standard of compensation at full replacementcost, compensation under domestic law is supplemented by additional measures necessary to meet thereplacement cost standard. Such additional assistance is distinct from resettlement assistance to beprovided under other clauses of para. 6.12. If the residual of the asset being taken is not economically viable, compensation and otherresettlement assistance are provided as if the entire asset had been taken.13. The alternative assets are provided with adequate tenure arrangements. The cost of alternativeresidential housing, housing sites, business premises, and agricultural sites to be provided can be setoff against all or part of the compensation payable for the corresponding asset lost.14. Such support could take the form of short-term jobs, subsistence support, salary maintenance orsimilar arrangements15. See OD 4.20, Indigenous Peoples.16. See OP 4.04, Natural Habitats.17. As a general principle, this applies if the land taken constitutes less than 20% of the totalproductive area.18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteriafor displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30).19. Such claims could be derived from adverse possession, from continued possession of public lands

Ghana WSRP RPF 9P2503/R/FG/Rott1Draft final report -9 - April 2004

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without government action for eviction (that is, with the implicit leave of the government), or fromcustomary and traditional law and usage, and so on.20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, asappropriate.21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date theproject area was delineated, prior to the census, provided that there has been an effective publicdissemination of information on the area delineated, and systematic and continuous disseminationsubsequent to the delineation to prevent further population influx.22. For projects that are highly risky or contentious, or that involve significant and complexresettlement activities, the borrower should normally engage an advisory panel of independent,internationally recognized resettlement specialists to advise on all aspects of the project relevant to theresettlement activities. The size, role, and frequency of meeting depend on the complexity of theresettlement. If independent technical advisory panels are established under OP 4.01, EnvironmentalAssessment, the resettlement panel may form part of the environmental panel of experts.See BP 17.50, Disclosure of Operational Information (forthcoming) for detailed disclosureprocedures.24. An exception to this requirement may be made in highly unusual circumstances (such asemergency recovery operations) with the approval of Bank Management (see BP 4.12, para. 8). Insuch cases, the Management's approval stipulates a timetable and budget for developing theresettlement plan.25. Impacts are considered "minor" if the affected people are not physically displaced and less than10% of their productive assets are lost.26. For purpose of this paragraph, the term "subprojects" includes components and subcomponents.


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OP 4.12 -- Annex ADecember 2001

These policies were prepared for use by World Bank staff and are not necessarily a complete,treatment of the subject.

Involuntary Resettlement Instruments1. This annex describes the elements of a resettlement plan, an abbreviated resettlement plan,a resettlement policy framework, and a resettlement process framework, as discussed in OP4.12, paras. 17-31.

Resettlement Plan

2. The scope and level of detail of the resettlement plan vary with the magnitude andcomplexity of resettlement. The plan is based on up-to-date and reliable information about(a) the proposed resettlement and its impacts on the displaced persons and other adverselyaffected groups, and (b) the legal issues involved in resettlement. The resettlement plancovers the elements below, as relevant. When any element is not relevant to projectcircumstances, it should be noted in the resettlement plan.3. Description of the project. General description of the project and identification of theproject area.

4. Potential impacts. Identification of

(a) the project component or activities that give rise to resettlement;(b) the zone of impact of such component or activities;

(c) the alternatives considered to avoid or minimize resettlement; and(d) the mechanisms established to minimize resettlement, to the extent possible,during project implementation.

5. Objectives. The main objectives of the resettlement program.6. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the earlystages of project preparation and with the involvement of potentially displaced people,including

(a) the results of a census survey covering

(i) current occupants of the affected area to establish a basis for thedesign of the resettlement program and to exclude subsequentinflows of people from eligibility for compensation and resettlementassistance;

(ii) standard characteristics of displaced households, including adescription of production systems, labor, and householdorganization; and baseline information on livelihoods (including, asrelevant, production levels and income derived from both formaland informal economic activities) and standards of living (includinghealth status) of the displaced population;


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(iii) the magnitude of the expected loss-total or partial-of assets,and the extent of displacement, physical or economic;

(iv) information on vulnerable groups or persons as provided for inOP 4.12, para. 8, for whom special provisions may have to be made;and

(v) provisions to update information on the displaced people'slivelihoods and standards of living at regular intervals so that thelatest information is available at the time of their displacement.

(b) Other studies describing the following

(i) land tenure and transfer systems, including an inventory ofcommon property natural resources from which people derive theirlivelihoods and sustenance, non-title-based usufruct systems(including fishing, grazing, or use of forest areas) governed by localrecognized land allocation mechanisms, and any issues raised bydifferent tenure systems in the project area;

(ii) the patterns of social interaction in the affected communities,including social networks and social support systems, and how theywill be affected by the project;

(iii) public infrastructure and social services that will be affected;and

(iv) social and cultural characteristics of displaced communities,including a description of formal and informal institutions (e.g.,community organizations, ritual groups, nongovernmentalorganizations (NGOs)) that may be relevant to the consultationstrategy and to designing and implementing the resettlementactivities.

7. Legalframework. The findings of an analysis of the legal framework, covering

(a) the scope of the power of eminent domain and the nature of compensationassociated with it, in terms of both the valuation methodology and the timing ofpayment;

(b) the applicable legal and administrative procedures, including a description of theremedies available to displaced persons in the judicial process and the normaltimeframe for such procedures, and any available altemative dispute resolutionmechanisms that may be relevant to resettlement under the project;

(c) relevant law (including customary and traditional law) governing land tenure,valuation of assets and losses, compensation, and natural resource usage rights;customary personal law related to displacement; and environmental laws and socialwelfare legislation;

(d) laws and regulations relating to the agencies responsible for implementingresettlement activities;

(e) gaps, if any, between local laws covering eminent domain and resettlement andthe Bank's resettlement policy, and the mechanisms to bridge such gaps; and

(f) any legal steps necessary to ensure the effective implementation of resettlementactivities under the project, including, as appropriate, a process for recognizingclaims to legal rights to land-including claims that derive from customary law andtraditional usage (see OP 4.12, para.15 b).



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8. Institutional Framework. The findings of an analysis of the institutional frameworkcovering

(a) the identification of agencies responsible for resettlement activities and NGOsthat may have a role in project implementation;

(b) an assessment of the institutional capacity of such agencies and NGOs; and

(c) any steps that are proposed to enhance the institutional capacity of agencies andNGOs responsible for resettlement implementation.

9. Eligibility. Definition of displaced persons and criteria for determining their eligibility forcompensation and other resettlement assistance, including relevant cut-off dates.

10. Valuation of and compensation for losses. The methodology to be used in valuing lossesto determine their replacement cost; and a description of the proposed types and levels ofcompensation under local law and such supplementary measures as are necessary to achievereplacement cost for lost assets. I

11. Resettlement measures. A description of the packages of compensation and otherresettlement measures that will assist each category of eligible displaced persons to achievethe objectives of the policy (see OP 4.12, para. 6). In addition to being technically andeconomically feasible, the resettlement packages should be compatible with the culturalpreferences of the displaced persons, and prepared in consultation with them.

12. Site selection, site preparation, and relocation. Alternative relocation sites consideredand explanation of those selected, covering

(a) institutional and technical arrangements for identifying and preparing relocationsites, whether rural or urban, for which a combination of productive potential,locational advantages, and other factors is at least comparable to the advantages ofthe old sites, with an estimate of the time needed to acquire and transfer land andancillary resources;

(b) any measures necessary to prevent land speculation or influx of ineligiblepersons at the selected sites;

(c) procedures for physical relocation under the project, including timetables for sitepreparation and transfer; and

(d) legal arrangements for regularizing tenure and transferring titles to resettlers.

13. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers'provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services(e.g., schools, health services);2 plans to ensure comparable services to host populations; anynecessary site development, engineering, and architectural designs for these facilities.

14. Environmental protection and management. A description of the boundaries of therelocation area; and an assessment of the environmental impacts of the proposedresettlement3 and measures to mitigate and manage these impacts (coordinated asappropriate with the environmental assessment of the main investment requiring theresettlement).

15. Community participation. Involvement of resettlers and host communities,4 including

(a) a description of the strategy for consultation with and participation of resettlersand hosts in the design and implementation of the resettlement activities;



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(b) a summary of the views expressed and how these views were taken into accountin preparing the resettlement plan;

(c) a review of the resettlement alternatives presented and the choices made bydisplaced persons regarding options available to them, including choices related toforms of compensation and resettlement assistance, to relocating as individualsfamilies or as parts of preexisting communities or kinship groups, to sustainingexisting patterns of group organization, and to retaining access to cultural property(e.g. places of worship, pilgrimage centers, cemeteries);5 and

(d) institutionalized arrangements by which displaced people can communicate theirconcerns to project authorities throughout planning and implementation, andmeasures to ensure that such vulnerable groups as indigenous people, ethnicminorities, the landless, and women are adequately represented.

16. Integration with host populations. Measures to mitigate the impact of resettlement on anyhost communities, including

(a) consultations with host communities and local governments;

(b) arrangements for prompt tendering of any payment due the hosts for land orother assets provided to resettlers;

(c) arrangements for addressing any conflict that may arise between resettlers andhost communities; and

(d) any measures necessary to augment services (e.g., education, water, health, andproduction services) in host communities to make them at least comparable toservices available to resettlers.

17. Grievance procedures. Affordable and accessible procedures for third-party settlement ofdisputes arising from resettlement; such grievance mechanisms should take into account theavailability of judicial recourse and community and traditional dispute settlementmechanisms.

18. Organizational responsibilities. The organizational framework for implementingresettlement, including identification of agencies responsible for delivery of resettlementmeasures and provision of services; arrangements to ensure appropriate coordinationbetween agencies and jurisdictions involved in implementation; and any measures (includingtechnical assistance) needed to strengthen the implementing agencies' capacity to design andcarry out resettlement activities; provisions for the transfer to local authorities or resettlersthemselves of responsibility for managing facilities and services provided under the projectand for transferring other such responsibilities from the resettlement implementing agencies,when appropriate.

19. Implementation schedule. An implementation schedule covering all resettlementactivities from preparation through implementation, including target dates for theachievement of expected benefits to resettlers and hosts and terminating the various forms ofassistance. The schedule should indicate how the resettlement activities are linked to theimplementation of the overall project.

20. Costs and budget. Tables showing itemized cost estimates for all resettlement activities,including allowances for inflation, population growth, and other contingencies; timetablesfor expenditures; sources of funds; and arrangements for timely flow of funds, and fundingfor resettlement, if any, in areas outside the jurisdiction of the implementing agencies.

21. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by theimplementing agency, supplemented by independent monitors as considered appropriate bythe Bank, to ensure complete and objective information; performance monitoring indicators



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to measure inputs, outputs, and outcomes for resettlement activities; involvement of thedisplaced persons in the monitoring process; evaluation of the impact of resettlement for areasonable period after all resettlement and related development activities have beencompleted; using the results of resettlement monitoring to guide subsequent implementation.

Abbreviated Resettlement Plan

22. An abbreviated plan covers the following minimum elements:6

(a) a census survey of displaced persons and valuation of assets;

(b) description of compensation and other resettlement assistance to be provided;

(c) consultations with displaced people about acceptable alternatives;

(d) institutional responsibility for implementation and procedures for grievanceredress;

(e) arrangements for monitoring and implementation; and

(f) a timetable and budget.


23. The purpose of the policy framework is to clarify resettlement principles, organizationalarrangements, and design criteria to be applied to subprojects to be prepared during projectimplementation (see OP 4.12, paras. 26-28). Subproject resettlement plans consistent withthe policy framework subsequently are submitted to the Bank for approval after specificplanning information becomes available (see OP 4.12, para. 29).

24. The resettlement policy framework covers the following elements, consistent with theprovisions described in OP 4.12, paras. 2 and 4:

(a) a brief description of the project and components for which land acquisition andresettlement are required, and an explanation of why a resettlement plan as describedin paras. 2-21 or an abbreviated plan as described in para. 22 cannot be prepared byproject appraisal;

(b) principles and objectives governing resettlement preparation andimplementation;

(c) a description of the process for preparing and approving resettlement plans;

(d) estimated population displacement and likely categories of displaced persons, tothe extent feasible;

(e) eligibility criteria for defining various categories of displaced persons;

(f) a legal framework reviewing the fit between borrower laws and regulations andBank policy requirements and measures proposed to bridge any gaps between them;

(g) methods of valuing affected assets;

(h) organizational procedures for delivery of entitlements, including, for projectsinvolving private sector intermediaries, the responsibilities of the financialintermediary, the government, and the private developer;

(i) a description of the implementation process, linking resettlement implementationto civil works;

(j) a description of grievance redress mechanisms;

(k) a description of the arrangements for funding resettlement, including thepreparation and review of cost estimates, the flow of funds, and contingencyarrangements;



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(1) a description of mechanisms for consultations with, and participation of,displaced persons in planning, implementation, and monitoring; and

(m) arrangements for monitoring by the implementing agency and, if required, byindependent monitors.

25. When a resettlement policy framework is the only document that needs to be submittedas a condition of the loan, the resettlement plan to be submitted as a condition of subprojectfinancing need not include the policy principles, entitlements, and eligibility criteria,organizational arrangements, arrangements for monitoring and evaluation, the framework forparticipation, and mechanisms for grievance redress set forth in the resettlement policyframework. The subproject-specific resettlement plan needs to include baseline census andsocioeconomic survey information; specific compensation rates and standards; policyentitlements related to any additional impacts identified through the census or survey;description of resettlement sites and programs for improvement or restoration of livelihoodsand standards of living; implementation schedule for resettlement activities; and detailed costestimate.

Process Framework

26. A process framework is prepared when Bank-supported projects may cause restrictionsin access to natural resources in legally designated parks and protected areas. The purpose ofthe process framework is to establish a process by which members of potentially affectedcommunities participate in design of project components, determination of measuresnecessary to achieve resettlement policy objectives, and implementation and monitoring ofrelevant project activities (see OP 4.12, paras. 7 and 31).

27. Specifically, the process framework describes participatory processes by which thefollowing activities will be accomplished

(a) Project components will be prepared and implemented. The document shouldbriefly describe the project and components or activities that may involve new ormore stringent restrictions on natural resource use. It should also describe theprocess by which potentially displaced persons participate in project design.

(b) Criteria for eligibility of affected persons will be determined. The documentshould establish that potentially affected communities will be involved in identifyingany adverse impacts, assessing of the significance of impacts, and establishing of thecriteria for eligibility for any mitigating or compensating measures necessary.

(c) Measures to assist affected persons in their efforts to improve their livelihoods orrestore them, in real terms, to pre-displacement levels, while maintaining thesustainability of the park or protected area will be identified. The document shoulddescribe methods and procedures by which communities will identify and choosepotential mitigating or compensating measures to be provided to those adverselyaffected, and procedures by which adversely affected community members willdecide among the options available to them.

(d) Potential conflicts or grievances within or between affected communities will beresolved. The document should describe the process for resolving disputes relatingto resource use restrictions that may arise between or among affected communities,and grievances that may arise from members of communities who are dissatisfiedwith the eligibility criteria, community planning measures, or actual implementation.

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(e) Administrative and legal procedures. The document should review agreementsreached regarding the process approach with relevant administrative jurisdictionsand line ministries (including clear delineation for administrative and financialresponsibilities under the project).

(f) Monitoring arrangements. The document should review arrangements forparticipatory monitoring of project activities as they relate to (beneficial andadverse) impacts on persons within the project impact area, and for monitoring theeffectiveness of measures taken to improve (or at minimum restore) incomes andliving standards.

1. With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, itis the pre-project or pre-displacement, whichever is higher, market value of land of equal productivepotential or use located in the vicinity of the affected land, plus the cost of preparing the land to levelssimilar to those of the affected land, plus the cost of any registration and transfer taxes. For land inurban areas, it is the pre-displacement market value of land of equal size and use, with similar orimproved public infrastructure facilities and services and located in the vicinity of the affected land,plus the cost of any registration and transfer taxes. For houses and other structures, it is the marketcost of the materials to build a replacement structure with an area and quality similar to or better thanthose of the affected structure, or to repair a partially affected structure, plus the cost of transportingbuilding materials to the construction site, plus the cost of any labor and contractors' fees, plus the costof any registration and transfer taxes. In determining the replacement cost, depreciation of the assetand the value of salvage materials are not taken into account, nor is the value of benefits to be derivedfrom the project deducted from the valuation of an affected asset. Where domestic law does not meetthe standard of compensation at full replacement cost, compensation under domestic law issupplemented by additional measures so as to meet the replacement cost standard. Such additionalassistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para.6.2. Provision of health care services, particularly for pregnant women, infants, and the elderly, may beimportant during and after relocation to prevent increases in morbidity and mortality due tomalnutrition, the psychological stress of being uprooted, and the increased risk of disease.3. Negative impacts that should be anticipated and mitigated include, for rural resettlement,deforestation, overgrazing, soil erosion, sanitation, and pollution; for urban resettlement, projectsshould address such density-related issues as transportation capacity and access to potable water,sanitation systems, and health facilities.4. Experience has shown that local NGOs often provide valuable assistance and ensure viablecommunity participation.5. OPN 11.03, Management of Cultural Property in Bank-Financed Projects.6. In case some of the displaced persons lose more than 10% of their productive assets or requirephysical relocation, the plan also covers a socioeconomic survey and income restoration measures.


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Appendix 5Framework for the census of affected assets and

affected people


Draft final report April 2004

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FRAMEWORK for the census of affected ASSETS AND AFFECTED people

AFFECTED PLOT SHEET

Reference:

Location: Region: District: Village:

GPS Coordinates:

Surface:

Description of soil:

Perennial Crops: 1 Owner:

2 Owner:

Annual Crops: 1 Owner:

2 Owner:

Trees: 1 Owner:

2 Owner

Structures: Channels: Owner:

Anti-erosive structures: Owner:

Buildings: Owner:

Users: User 1: Surface used: Regime of tenure:

User 2: Surface used: Regime of tenure:



Valuation proposal (details of calculation on attached sheet):

Crops:

Structures:

Proposed distribution of compensation:

User 1:

User 2:

User 3:

User 4:

Date: Prepared By:



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AFFECTED BUILDING SHEETReference:


GPS Coordinates: Photograph number:

Owner: Address:

Description:

Permanent Non permanent

Surface: Number of rooms:

Walls: Material Condition

Roof: Material Condition

Floor: Material Condition

Annexes outside: Latrine:Bathroom: Kitchen: Others:

Additional features:

Permanently Inhabited:By: Regime of occupation:

Periodically Inhabited: By: Regime of occupation:

Valuation proposal (details of calculation on attached sheet)::

Proposed distribution of compensation:

User 1:

User 2:

User 3:

User 4:

Date: Prepared By:


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AFFECTED HOUSEHOLD SHEET

Household Reference:


Reference of Affected Asset:

Type: Structure Plot Crop

Reference of Affected Asset Sheet:

Location: : : Zone: Region

Household Information:

Head of Household: Name: Age: Sex:

Identity Document: Type: Number:

Composition of Household:

Number Name Relationship with Sex AgeHousehold Head

Socio-Economic Information:

Occupations:

Head of Household:

Other members of Household:

Number: Occupation:

Number: Occupation:

Number: Occupation:

Number: Occupation:

Total Estimated Household Cash Income:



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Education level of Household Members:

Number: Level:

Number: Level:

Number: Level:

Number: Level:

Project Impact:

Assessment of the Impact of the Loss of the Affected Asset on Household's Livelihood:

Proposed Compensation or Resettlement Package

Household's Wishes

Proposed Package

Proposed Livelihood Restoration Package:

Household's Wishes

Proposed Package


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Appendix 6Outline of a Resettlement Action Plan



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OUTLINE OF A RESETTLEMENT ACTION PLANReference: OP 4.12, annex A.

1. Description of the sub-project and of its potential land impacts1.1 General description of the project and identification of the project area1.2 Potential impacts. Identification of

1.2.1 the project component or activities that give rise to resettlement;1.2.2 the zone of impact of such component or activities;1.2.3 the alternatives considered to avoid or minimize resettlement;

and1.2.4 the mechanisms established to minimize resettlement, to the

extent possible, during project implementation.2. Objectives. The main objectives of the resettlement program.3. Socio-economic studies and census of affected assets and affected

livelihoods. The findings of socio-economic studies and census to beconducted with the involvement of potentially displaced people, include:3.1 the results of a census survey covering current occupants of the affected

area to establish a basis for the design of the resettlement program andto exclude subsequent inflows of people from eligibility for compensationand resettlement assistance;

3.2 standard characteristics of displaced households, including a descriptionof production systems, labour, and household organization; and baselineinformation on livelihoods (including, as relevant, production levels andincome derived from both formal and informal economic activities) andstandards of living (including health status) of the displaced population;

3.3 the magnitude of the expected loss-total or partial-of assets, and theextent of displacement, physical or economic;

3.4 information on vulnerable groups or persons as provided for in OP 4.12,para. 8, for whom special provisions may have to be made;

3.5 provisions to update information on the displaced people's livelihoodsand standards of living at regular intervals so that the latest informationis available at the time of their displacement.

3.6 Other studies describing the following3.6.1 land tenure and transfer systems, including an inventory of

common property natural resources from which people derivetheir livelihoods and sustenance, non-title-based usufructsystems (including fishing, grazing, or use of forest areas)governed by local recognized land allocation mechanisms, andany issues raised by different tenure systems in the project area;

3.6.2 the patterns of social interaction in the affected communities,including social networks and social support systems, and howthey will be affected by the project;

3.6.3 public infrastructure and social services that will be affected; and3.6.4 social and cultural characteristics of displaced communities,

including a description of formal and informal institutions (e.g.,community organizations, ritual groups, nongovernmental


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organizations (NGOs)) that may be relevant to the consultationstrategy and to designing and implementing the resettlementactivities.

4. Legal and Institutional Framework.4.1 Summary of the information included in this RPF4.2 Local legal specificities if any4.3 Local institutional specificities

4.3.1 identification of agencies locally responsible for resettlementactivities and NGOs that may have a role in projectimplementation;

4.3.2 assessment of the institutional capacity of such agencies andNGOs; and

5. Eligibility and entitlements. Based on the definitions and categorization in thisRPF (see entitlement matrix), definition of displaced persons and criteria fordetermining their eligibility for compensation and other resettlementassistance, including relevant cut-off dates.

6. Valuation of and compensation for losses. The methodology to be used invaluing losses to determine their replacement cost; and a description of theproposed types and levels of compensation under local law and suchsupplementary measures as are necessary to achieve replacement cost forlost assets.

7. Resettlement measures:7.1 Description of the packages of compensation and other resettlement

measures that will assist each category of eligible displaced persons toachieve the objectives of the policy (see OP 4.12, para. 6).

7.2 Site selection, site preparation, and relocation. Alternative relocationsites considered and explanation of those selected.

7.3 Legal arrangements for regularizing tenure and transferring titles toresettlers.

7.4 Housing, infrastructure, and social services.7.5 Environmental protection and management.7.6 Community participation. Involvement of resettlers and host communities7.7 Integration with host populations. Measures to mitigate the impact of

resettlement on any host communities7.8 Specific assistance measures intended for vulnerable people, to be

identified for instance amongst those listed in section 8 of the RPF

8. Grievance procedures. Based on the principle mechanisms described in thisRPF, description of affordable and accessible procedures for third-partysettlement of disputes arising from resettlement; such grievance mechanismsshould take into account the availability of judicial recourse and communityand traditional dispute settlement mechanisms.

9. Organizational responsibilities. The organizational framework for implementingresettlement, including identification of agencies responsible for delivery ofresettlement measures and provision of services; arrangements to ensureappropriate coordination between agencies and jurisdictions involved inimplementation; and any measures (including technical assistance) needed tostrengthen the implementing agencies' capacity to design and carry outresettlement activities; provisions for the transfer to local authorities or



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resettlers themselves of responsibility for managing facilities and servicesprovided under the project and for transferring other such responsibilities fromthe resettlement implementing agencies, when appropriate.

10. Implementation schedule. Based on the template presented in the RPF,present an implementation schedule covering all resettlement activities frompreparation through implementation, including target dates for theachievement of expected benefits to resettlers and hosts and terminating thevarious forms of assistance. The schedule should indicate how theresettlement activities are linked to the implementation of the overall project.

11. Costs and budget. Tables showing itemized cost estimates for all resettlementactivities (see Appendix 12 of this RPF), including allowances for inflation,population growth, and other contingencies; timetables for expenditures;sources of funds; and arrangements for timely flow of funds, and funding forresettlement, if any, in areas outside the jurisdiction of the implementingagencies.

12. Monitoring and evaluation. Arrangements for monitoring of resettlementactivities by the implementing agency, supplemented by independent monitorsas considered appropriate by the Bank, to ensure complete and objectiveinformation; performance monitoring indicators to measure inputs, outputs,and outcomes for resettlement activities; involvement of the displaced personsin the monitoring process; evaluation of the impact of resettlement for areasonable period after all resettlement and related development activitieshave been completed; using the results of resettlement monitoring to guidesubsequent implementation.



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Appendix 7Outline of an Abbreviated Resettlement Plan


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Outline of an ABBREVIATED RESETTLEMENT PLAN

Depending on the magnitude of the displacement, an Abbreviated Resettlement Plan(ARP) should be between 10 and 25 pages, including annexes.

1. Brief Description of the Sub-Project

1.1. Sub-Project Land Needs

1.2. Land Needs Justification and Minimization

2. Census Survey of Displaced Persons and Valuation of Assets

2.1. Methodology

2.2. Results

3. Affected Assets

4. Socio-Economic Features and Affected People's Livelihoods

5. Description of Compensation and Other Resettlement Assistance

6. Consultation with Displaced People

7. Procedures for Grievance Redress

8. Monitoring and Evaluation

9. Institutional Responsibilities and Arrangements for Implementation

10. Timetable, Budget and Funding Arrangements



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Appendix 8Crop rates (January 2000) per acre



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Crop Rates (January 2002) Per AcreSource: Land Valuation Board

Per acre, unless otherwise specified

Serial CROP STAGE 1 STAGE 2 S STAGE 3 M STAGE 4 LNo. SEEDLING 1/4GROWN % GROWN MATURED

1. Cassava ¢1,206,581.00 1,425,821.00 ¢1,645,061.00 02,138,351.00

2. Cocoyam ¢1,191,356,00 ¢1,374,056.00 ¢1,556,756.00 ¢t1,940,426.00

3. Yam ¢1,506,513.00 ¢1,689,213.00 ¢Z2,036,343.00 ¢2,365,203.00

4. Maize, Millet, ¢1,110,863.00 ¢1,183,743.00 ¢1,371,772.00 ¢1:,883,332.00Guinea Corn,Sorghum,

5. Garden Egg ¢916,545.00 ¢1,291,080.00 ¢1,665,615.00 02,396,415.00

6. Pepper 0916,545.00 ¢1,291,080.00 ¢1,901,602.00 02,615,655.00

7. Tomato ¢1,065,750.00 ¢ 1,483,676.00 ¢11,901,602.00 ¢2,264,718.00

8. Okro ¢858,690.00 ¢D1,141,875.00 ¢1,425,060.00 ¢1,982,295.00

9. Onion ¢11,059.660.00 ¢1,361,115.00 ¢1,644,300.00 ¢2,082,780.00

10. Groundnut ¢1,042,151.00 ¢1,252,256.00 ¢1,398,446.00 02,202,296.00Tiger Nut

11. Beans Cowpea ¢1,000,282.00 ¢1,320,000.00 ¢1,639,732.00 ¢2,260,912.00

12. Sugarcane 0896,752.00 01,115,992.00 ¢1,335,232.00 ¢1,828,522.00

13. Pineapple 02,436,000.00 02,691,780.00 ¢2,947,560.00 ¢3,130,260.00(local)

14. Rice (Rain Fed) ¢1,596,341.00 02,144,441.00 02,692,541.00 ¢3,386,891.00

15. Rice (Irrigated) ¢1,596,341.00 ¢2,448,941.00 ¢3,301,541.00 ¢:3,995,801.00

16. Plantain/Banana ¢3,200.00 ¢4,800.00 06,400.00 ¢8,000.00



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Per acre, unless otherwise specified

Serial Crop Stage 1 Stage 2 S Stage 3 M Stage 4 LN 0 Seedling 1/4 grown 1/2 ground Matured

PERENNIALS

1. Cocoa (per Tree/600 ¢20,884.00 ¢31,326.00 041,768.00 052,210.00acre) 09,200.00 013,800.00 ¢18,400.00 ¢23,000.00

2. Oil Palm (60 Trees ¢50,000.00 075,000.00 ¢100,000.00 125,000.00Per Acre) Agric PerTree

2a. Oil Palm (Wild) ¢32,000.00 048,000.00 ¢64,000.00 80,000.00

3. Coconut (Per Wild) ¢40,000.00 ¢60,000.00 ¢80,000.00 ¢100,000.00

4. Orange, Mango, ¢28,000.00 042,000.00 ¢56,000.00 (70,000.00)Kola, Avocado Pear(Per Tree)

5. Cashew 034,000.00 ¢51,000.00 068,000.00 ¢ 85,000.00

6. Sheabutter* ¢z28,000.00 ¢42,000.00 ¢56,000.00 ¢70,000.00

7. Dawadawa* 026,000.00 039,000.00 ¢52,000.00 065,000.00

8. Apple, Guava & l6,000.00 ¢24,000.00 ¢32,000.00 ¢40,000.00Black Berry

9. Pawpaw (Fruit ¢2,400.00 03,600.00 04,800.00 ¢6,000.00Bearing)

10. Sour Soup ¢55,000.00

11. Raffia Palm ¢8,000.00 o1 2,000.00 o1 5,000.00 ¢20,000.00

12. Bamboo 09,000.00 013,000.00 016,000.00 025,000.00

13. Para Rubber Custard ¢16,000.00 ¢39,000.00 ¢52,000.00 ¢85,000.00Apple Pawpaw ¢18,000.00

14. Guava ¢_40,000.00



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Appendix 9Comparison of LVB crop rates

with full replacement value


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COMPARISON OF LVB CROP RATES WITH FULL REPLACEMENT VALUE

Land Valuation Board official rates for crops (see Appendix 8) have been compared withrates calculated using the full replacement value. The reference used for fullreplacement values has been prepared by J. Owusu-Ayirebi for Pooley & Mensah andGhanaian Australian Goldfields Ltd (Iduapriem/Teberebie operations14). The results arepresented in the following table for annual crops:

LVB rate for fully grown Full replacement valuecrop (Cedis per acre) (Cedis per acre)

Cassava 2 138 351 3 715 200

Cocoyam 1 940 426 3 969 000

Yam 2 365 203 12 699 000

Maize 1 883 332 2 538 000

Pineapple (local) 3 130 260 4 262 670

14t Pooley and Mensah for Ghanaian Australian Goldfields Ltd, Iduapriem - Teberebie Operations,

Tarkwa, Ghana - Teberebie South East Waste Rock Dump - Resettlement Action Plan -October 2003


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Appendix 10Template of a claim registration and follow-up form



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TEMPLATE OF A CLAIM REGISTRATION and Follow-up FORM

Date: Prepared by:

Aagrieved person:Full name:

Residence:

Project registration number:

Reason for the claim (detailed description of the aggrieved person's version):

Composition of the mediation committee:- Chair (name, position):- District chief executive representative (name, position):- Project (name, position):- Other elders(name, position):

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Report of mediation efforts:

Aareed solution:

Implementation of the agreed solution:

Close-out:

In case no settlement is reached:

- Reason why no settlement could be reached:- Follow-up by claimant:

Ghana WSRP RPF 9P2503/R/FG/Rott1


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Appendix 1 1Template of a consultation meeting minute form



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TEMPLATE OF A CONSULTATION MEETING MINUTE FORM

Date Venue:

Project particiDants:

Other Darticivants (name, position): Totalnumber:

Objective and agenda of the meeting:

Points addressed by Project:

Points raised by Darticipants:

Follow-UD activities:

Prepared by: Date:



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Appendix 12Template itemization of RAP/ARP budget



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TEMPLATE ITEMIZATION OF A RAP/ARP BUDGET

N° Item Ghanaian Cedis USD %

(break down and detail as appropriate)

A COMPENSATION

Al Compensation for land acquisition

A2 Compensation for destruction and damage to crops

A3 Compensation for structures

A4 Disturbance allowance

A5 Contingencies - other compensations

TOTAL COMPENSATION %

B RESETTLEMENT

B1 Resettlement land purchase

B2 Resettlement land development

83 Housing construction

TOTAL RESETTLEMENT %

C ADDITIONAL MITIGATIONS

Cl Livelihood restoration measures

C2 Vulnerable groups

C3 Coordination of additional mitigations

C4 Grievance management

TOTAL ADDITIONAL MITIGATIONS %

D IMPLEMENTATION COSTS

Dl Surveying and asset pre-identification

D2 Valuation

D3 Coordination and works supervision

D4 Legal advice

D6 Monitoring

D7 Evaluation

TOTAL IMPLEMENTATION o

E CONTIGENCIES % %

GRAND TOTAL 100%



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