federal democratic republic of ethiopia...

FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

URBAN WATER SUPPLY AND SANITATION

PROJECTS: SOCIAL AUDIT of

Hawassa Water Supply and Sanitation Project

AND

Jimma Water Supply and Sanitation Projects

FEKADU ADUGNA (PhD)

March 2012

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Contents Acronyms ............................................................................................................................................................. 3

Acknowledgments ................................................................................................................................................ 4

1 Social Audit for Ambowuha Spring Development at Hawassa Water Supply and Sanitation and Jimma

Water Supply and Sanitation Project ................................................................................................................... 5

1.1 Background .......................................................................................................................................... 5

1.2 Objectives of social audit ..................................................................................................................... 6

1.3 Expected output .................................................................................................................................... 6

1.4 Methods of data collection ................................................................................................................... 6

2 Field report ................................................................................................................................................... 7

2.1 Ambowuha Spring Development at Hawassa Water Supply and Sanitation Project ........................... 7

2.1.1 Land acquisition/expropriation .................................................................................................... 7

2.1.2 Land acquisition at the spring site ................................................................................................ 7

2.1.3 Land acquisition on the transmission line .................................................................................... 7

2.1.4 Land acquisitions at the reservoir site.......................................................................................... 8

2.1.5 Affected Fences .......................................................................................................................... 10

2.1.6 Consultations and grievance addressing mechanisms ............................................................... 10

2.1.7 Adverse livelihood impacts ........................................................................................................ 10

2.1.8 Adverse social impacts ............................................................................................................... 11

2.1.9 Lesson learned ............................................................................................................................ 11

2.2 Jimma Water supply and Sanitation Project ...................................................................................... 11

2.2.1 Land acquisition/expropriation .................................................................................................. 11

2.2.2 Loss of other assets ..................................................................................................................... 12

2.2.3 Consultations and grievance addressing mechanisms ................................................................ 13

2.2.4 Adverse livelihood impact .......................................................................................................... 13

2.2.5 Adverse social impact ................................................................................................................ 13

2.2.6 Lesson learned ............................................................................................................................ 14

3 Legal Framework for Expropriation and Compensation ............................................................................ 14

4 Concluding remarks ................................................................................................................................... 15

5 Recommendations ...................................................................................................................................... 16

References .......................................................................................................................................................... 16

ACRONYMS

ESIAS Environmental and Socio-economic Impact Assessments and Safeguards

ESMF Environmental and Social Management Framework

FGD Focus Group Discussion

PAP Project Affected People

UWSSP Urban water supply and sanitation programs

ACKNOWLEDGMENTS

A number of individuals contributed to the successful completion of this social audit. First and for

most, I am grateful to the project affected peoples (PAPs) who shared with me their views and

attitudes about the water projects. I am also thankful to Ato Letta Yetamo, manager of Hawassa

Water Supply and Sanitation Enterprise, and his colleagues Ato Demissie and Yohannis who

accompanied me during my visits to the water construction sites and for collecting all relevant

documents respectively. I am highly indebted to Abdu Mohammed Abba Fogi, manager of Jimma

water supply and sanitation project and his affectionate staff members: Ismael Abba Jihad, Ahmed

Kedir, and Awal Mohamed. Abdu accompanied me to all the water construction sites, to some of

them two times, exhaustively explained to me all the details and socialized me in Jimma when my

health was rather flimsy.

1 SOCIAL AUDIT FOR AMBOWUHA SPRING DEVELOPMENT AT HAWASSA WATER SUPPLY AND SANITATION AND JIMMA WATER SUPPLY AND SANITATION PROJECT

1.1 Background

Ambowuha Spring Development at Hawassa Water Supply and Sanitation and Jimma Water Supply

and Sanitation Projects are two of the five World Bank funded urban water supply and sanitation

programs (UWSSP) in Ethiopia. The remaining three are Addis Ababa, Mekele and Gonder. The

main objectives of the project are (i) to increase access to sustainable water supply and sanitation

services for the dwellers; (ii) improve the lives and health of the people living in the town; and (iii)

promote investment and economic development oriented interventions. This includes increasing

water production, expand distribution network to un-served and low-income areas (ESIA, 2010).

The following is brief introductory information on the projects of the two cities included in this

social audit: Hawassa and Jimma. Hawassa is a capital city of Southern Nations Nationalities and

Peoples Regional State (SNNPRS). It is a flourishing and expanding city that recently witnessed new

public institutions and numerous private businesses. This has caused shortage of water. The selected

source of water is Ambowuha spring and other two smaller springs: Tunto and Shallo. While the first

two are very close to each other (less than one hundred meters), Shallo is located at about one

kilometer and a half from the two. According to the initial study, Ambowuha, Tunto and Shallo yield

57 liters per second, 5 liters per second and 10 liter per second respectively (ESIA, 2010). All the

three springs are located in Shasha Kekele kebele of Wondo woreda, Oromia National Regional

State. The kebele had been part of the Hawassa Zuria woreda, Sidama Zone of the SNNPRS until the

referendum that took place in 2008. The water project built three cattle troughs and two washing

basins that can accommodate eight people at a time on Shallo spring for the people around the source

of the spring. Two communal water tabs have also been constructed for the nearby village. Initially

the plan was to give 5 liters per second for the people around the source of the spring from the 10

liters per second the Shallo spring can produce. Currently, they are negotiating on increasing the

amount of water and expanding the communal water tabs to the other nearby villages.

Jimma is situated in southwestern Ethiopia in Oromia National Regional State at 352 kilometers from

Addis Ababa. Jimma water supply and sanitation project is a big project that includes rehabilitation

of intake structures, replacement of old water pumps, numerous constructions at the new water

treatment plant, and three reservoirs. An old water pump that conveys raw water from intake

structures on Gilgel Gibe River to the new water treatment plant located at Boye has been replaced

by new ones. A new pipeline that conveys clean water from the new water plant at Boyye to two big

reservoirs at Jiren Kella and then to the Ginjo booster station and a small reservoir at Abba Jifar site

is under construction.

1.2 Objectives of social audit

The objective of this social audit is to validate the extent of the impact of the Ambowuha spring

development at Hawassa water supply and sanitation project and Jimma water supply and sanitation

project on land and/or people (land acquisition, resettlement and livelihood restoration of the affected

people) and to confirm and corroborate whether farmers and other households have had land

acquired, been resettled, and if so have been compensated for the loss of land and other assets as

detailed in the Environmental and Social Impact assessment of the two projects. Specifically the

audit will establish:

What compensations and livelihood restoration packages were provided to all affected

persons including the farmers whose land has been acquired;

What percentage of land was acquired from each of the farmers;

Was there loss of any other assets such as trees, tukuls, water source, grazing land, etc.

Were any of the farmers or other households, tenants or businesses affected and, if so what

assets have been lost and have they received compensation for these assets?

Whether farmers or other households were satisfied with the compensation packages offered

(with particular focus on female headed households and other vulnerable groups);

Whether farmers or other households were consulted in the process of determining the

compensations;

Whether grievance mechanisms and procedures are put in place and affected persons are

adequately aware of;

Whether there have been adverse impacts on livelihood of farmers as a result of the land

acquisition; and

Whether there are potential adverse social impacts that could be caused by the project.

1.3 Expected output

A short report of key findings regarding the points outlined above, key lessons learned and

recommendations.

1.4 Methods of data collection

The data for this report was collected both from secondary and primary sources. Secondary

documents such as ESMF, RPF, ESIA and other official documents, minutes of meetings concerning

project affected people and the compensations they received are properly consulted. On top of that a

brief semi-structured and in-depth interviews, focus group discussions (FGDs) and site observations

were used. In Hawassa, the consultant conducted six detailed interviews with PAPs, four with

relevant officials from Kebele chairman up to the mayor, and two focus group discussions: one with

representatives of the affected religious institutions and one with affected households. In Jimma, the

consultant interviewed five of the seven PAPs, the water project officials, the relevant administration

officials and the consultant undertook one FGD with the Jimma city administration’s compensation

committee members.

2 FIELD REPORT

2.1 Ambowuha Spring Development at Hawassa Water Supply and Sanitation Project

2.1.1 Land acquisition/expropriation

Plots of land belonging to 24 households and institutions have been acquired by the Ambowuha

water project: 1 at the spring development site and 23 at the Eredo reservoir site. The transmission

line also acquired some land from ELFORA Agro-Industry PLC. This social audit describes the land

acquisitions; mitigation measures taken; checks whether the mitigation measures were consistent

with the provisions given in the RPF of the project and ESIA; and summarizes the PAPs’

compensation. A separate appendix (not disclosed) provides specific details of individual PAPs by

comparing the matrix of actual compensation paid with the estimated compensation in ESIA.

2.1.2 Land acquisition at the spring site

Of the three springs that constitute Ambowuha water project one spring (Ambowuha) is situated

within a privately owned plot. The area was owned by an individual.. The water project expropriated

968m2 out of his total 12000m2 plot of land. He lost less than 9% of his farmland. This spring side

plot has been used for crops such as cabbage, potato, maize, pepper and some perennial trees

specifically eucalyptus trees. The owner is a young entrepreneur engaged in multiple businesses and

diverse income generating activities. He has a lorry; houses in Wondo, Shashemene and Hawassa,

and he is a salaried civil servant. The loss of the plot of land did not affect his livelihood, and even he

did not claim compensation. However, based on estimation report from Wondo Woreda Agriculture

Office, Oromia Regional State, to which the spring area belongs, he was paid 15,000 Birr

compensation, which is in line with the environmental and social impact assessment as well as the

provisions of the RPF.

2.1.3 Land acquisition on the transmission line

A 9.3 kilometers long transmission pipeline is constructed from the spring source at Ambowuha to a

reservoir station situated on Eredo hill, at the periphery of Hawassa city. Around 80% of this (7.4

kilometers) are situated within ELFORA Agro Industries PLC, a private investment venture. The

investor uses most of the land for grazing and only insignificant part is cultivated. The impact of the

transmission pipeline on ELFORA Agro Industry PLC was mostly temporary as after the pipe was

buried underground the land can serve whatever purpose it was meant for. The owner of ELFORA

Agro-Industry allowed the water project without claim to any compensation. During the brief

fieldwork, the consultant visited a culvert where the pipeline crosses Tikurwuha River partly situated

within the ELFORA site (see the picture below). The consultant also spoke to a tractor driver who

was on duty and he said he was instructed by the ELFORA authorities to make a maximum care for

the pipeline around the culvert where it is laid above the ground. That shows the attitude of the staff

of ELFORA Agro Industry PLC towards the water project. The remaining pipeline passes through

public land including the Tikurwuha swamp, which is in fact consistent with ESIA.

Picture1: The transmission line crossing the ELFORA field (left), and the Tikurwuha swamp and the

river (right)

2.1.4 Land acquisitions at the reservoir site

The reservoir was built on the top of Eredo hill. The main selection criterion of the area for building

the reservoir there was its elevation which makes it suitable to pump down the water by gravity to

supply the eastern part of Hawassa city where important institutions such as Hawassa University are

located. It was built in a compound of 32,000m2 wide out of which 17,457m2 was expropriated from

three churches (Catholic, Hiwot Birhan and Mekane Yesus), a mosque and 17 households and a land

held by a kebele youth association. Of these three churches, Hiwot Birhan and Mekane Yesus had

two plots of land in the compound. Catholic Church lost 3600m2. Two churches under the name

Hiwot Birhan each of them lost 3294m2 and 1848m2 and two churches of Mekane Yesus each of

them lost 1848m2 and 1925m2 . The mosque lost 716m2. Their properties on the land range from a

simple wooden fence to a medium size house. Only Mekane Yesus church had constructed a medium

size mud house to use as a church on one of the plots and the mosque started a construction of a

small size house. Compensations were properly calculated for fences, crops and the mud house in

adherence to the law of the land, which is also in line with the approved RPF. The calculations were

made by construction and agricultural experts and paid as per the ESIA.

While Catholic Church, the two churches of Hiwot Birhan and one of Mekane Yesus churches

satisfied with the compensation arrangements, the other Mekane Yesus church which built a small

house and the mosque filed their complaints following the grievance airing mechanism of the project.

They filed their complaint at the Hawassa water and sanitation enterprise office and the city

administration. Their complaint was that they prefer land for land substitution to cash for land, and in

the absence of that they asked to raise the amount of compensation. The original amount of

compensation calculated by the experts and recorded in ESIA was 44,064 Birr and 4560 Birr for the

Mekane Yesus church and mosque respectively. The mayor of Hawassa city was involved in the case

and had set up a special committee to investigate their complaints. After protracted negotiations

between the church and the mosque officials on one side and the especial committee established by

the mayor on the other side for more than six months, they agreed on raising the amount of cash

compensation. Accordingly, compensation for Mekanne Yesus raised to 95,200 Birr and that of the

mosque to 20,686 Birr. Officials of the Mekane Yesus church and the mosque agreed on the new

amount and received the money while I was in Hawassa for this fieldwork.

Picture2: The Mekane Yesus Church (left) and the construction begun on the land given to a mosque

(right)

As mentioned above, besides these religious institutions, 17 households and the kebele Youth

association have lost plots of land and properties at the reservoir site. The land lost ranges from 24m2

to 640m2. One of them is a female headed household. None of them built a house on the land. These

are farmers who came from rural areas and were given land in the periphery of Hawassa by the

lowest level administration, the kebele chairman, and all of them have no ownership certificate and

any other document that shows the plot of land belongs to them. Most of them fenced the plots and

cultivated maize and haricot bean for one or two seasons. Actually, that site had been allocated for

the water reservoir and the occupation by these farmers was a misunderstanding from the kebele

administration. Notwithstanding the fact that none of them produced any ownership certificate, the

water project paid them appropriate compensation for the properties they had on the plot of land

based on the estimation done by the construction and agricultural experts. All compensations were in

cash. Although some PAPs would have preferred land for land compensation to cash for land, the

Hawassa city administration could not do that because based on the decision of the council of

SNNPRS urban land allocation for any purpose has been temporarily banned in the region. All of

them have received their cash compensation, which is consistent with ESIA, without filing any

complaint. Both for the religious institutions and the individual household the calculations and

compensations have been made as per the procedures put in place by the GOE and the World Bank’s

safeguard requirements in line with the provisions of the approved RPF of the project.

2.1.5 Affected Fences

The road from the main highway to the reservoir site expanded by the water project for the

transportation of construction materials during the construction of the reservoir damaged 27

households’ fences. All of them are adequately compensated for the damages. The compensation was

calculated based on the market price of the damaged fence and the labour it requires to construct the

fences again consistent with the ESIA study and the provisions in the RPF. Six of these were

mentioned in the ESIA, and the remaining were affected during the construction phase.

2.1.6 Consultations and grievance addressing mechanisms

Hawassa Water Project and City Administration officials put in place a consultation and grievance

addressing mechanisms as per the RPF. Consultations are made at different levels between the PAPs

and the Project officials. The water project officials first of all contacted the PAPs either through

personal contacts (that was how they discussed with the PAP at the spring site) or officially through

kebeles. In both cases the initial contacts were to inform the PAPs about the project, its positive and

adverse impacts and about the expected compensations. The next step in both cases was writing

letters to the concerned offices (Tula sub-city and Hawassa city administration) about the calculation

of compensation. For instance, a letter was sent to Wondo woreda administration, Oromia regional

state, to calculate compensation for a PAP at the source of the spring. Another letter with the list of

PAPs and the type and amount of loss was sent to Tula sub-city administration and the Hawassa city

administration. A compensation committee that included experts of agriculture and construction was

set up to calculate the appropriate compensation. It was this committee that calculated all the

compensations. The Committee made a number of discussions with the PAPs. In case of complaints,

the committee informs the PAPs that they have the right to file their grievances to the higher city

administration offices. Officials of Mekane Yesus church and a Mosque insisted on their complaints,

as discussed above, and finally appealed to the mayor. The mayor established a special committee to

address their grievances and that committee actually negotiated with the PAPs and reached on

solutions that satisfied both sides. All the PAPs the consultant spoke to are at least informed about

the fact that they can present their complaints to higher officials.

2.1.7 Adverse livelihood impacts

The Ambowuha water project did not cause any physical household displacement. No settlement is

affected. In terms of proportion, no significant loss has been registered, and they are properly

compensated for the losses: mostly fences, crops and cropland, and trees. Thus, no adverse livelihood

impact has been observed. To the contrary, people residing around the spring are going to benefit

from the water project. The project has built cattle troughs, washing basins and road that enormously

impact on the livelihood of the cattle rearing surrounding communities. The local communities are

also negotiating with the officials of the project on the way to use the electricity line recently

extended up to the source of the spring.

2.1.8 Adverse social impacts

Some of the project’s affected are religious institutions. This is more related to the socio-cultural

sphere rather than livelihood. That could have evoked OP 4.11 in the World Bank safeguard policy.

However, most of them simply fenced it and cultivated crops for one season, and only one church

constructed a mud house, which has not started to serve as a religious centre. The water project and

the municipality have managed to settle the difference with the affected churches and mosque

peacefully and smoothly through flexible compensation arrangements and grievance addressing

mechanisms as per the approved RPF. Thus, no adverse social impact has been observed.

2.1.9 Lesson learned

Hawassa water supply and sanitation enterprise in collaboration with the Hawassa city administration

has been working on the Ambowuha water project affected people for more than one year. Now all

the affected PAPs and the religious institutions have accepted the compensation arrangements and

received the cash compensation. The water project officials have acquired enormous experience from

the processes. The big lesson they have learned is the value of engaging the concerned people in the

process and making intensive and all inclusive consultations. In the consultations the PAPs, the water

project officials and the city administration officials from the kebele up to the mayor involved.

Especially the grievance addressing mechanism through which they solved the complaints of the

Mekane Yesus and the Mosque is the best instruction they acquired for the future endeavors. The

continuous reshuffling of administrators (since the start of the water project many relevant officials

have been changed including the mayor and the sub-city administrator) has been mentioned by the

water project officials as a major difficulty they faced in the process of dealing with the PAPs.

2.2 Jimma Water supply and Sanitation Project

2.2.1 Land acquisition/expropriation

A total of seven households have been affected by the Jimma water supply and sanitation project.

Four households lost plots of land permanently at two reservoir areas: three of them at the Jiren Kella

reservoir and one at the Abba Jifar reservoir sites. The loss ranges from 25m2 to 200m2. Assets of

three individuals are affected by pipeline and constructions without permanently expropriating their

land. All PAPs have been appropriately compensated based on the suggestions of the ESIA and the

provisions given in the PRF for the project. In this part too, the land acquisition, mitigation measures,

and cross-check with the ESIA and the approved RPF will be described. The Jiren Kella reservoirs

are under construction within state owned forest on 2800m2 the water project was given from the

municipality. Thus, the Jimma water supply and sanitation project and the municipality officials did

not expect any PAP there. In fact, the ESIA also did not mention any PAP at these reservoirs site.

However, in the course of implementation, three people who live in the neighbouring Sarbo woreda

claimed that their plots of land (100m2, 80m2, and 25m2) have been expropriated at the site of the

reservoir. According to the PAPs they used to live there until they were displaced by the Derg

villagization program in the late 1980s, and they have continued to harvest coffee and use some

remnants of trees existing on the plots of land. From the municipality officials point of view these

individuals are illegal encroachers on state forest. Regardless of these divergent views on their

ownership rights, based on World Bank’s safeguard policies all the three households are properly

compensated for the properties they lost as a result of the land acquisition. They were compensated

for perennial crops they had over the plots of land, such as coffee, chat (qhat), and trees. The PAPs

were paid, respectively ten thousand Birr, seven thousand Birr, and two thousand Birr, based on their

losses.

At Abba Jifar reservoir site the project acquired 200m2 land belongs to an individual. This man, a

descendant of Abba Jifar II, the last monarch of Jimma, had some old coffee trees and banana trees

on the land. He was compensated 11715 Birr for the properties. In an interview with him, the owner

told me that he has another large plot of land and two houses other than the one near the reservoir.

“Though the money buys very little thing in the current market”, as he said, “the coffee trees are also

getting older and older and yield very little”, which he mentioned to tell me his relative satisfaction

with the compensation he was paid. As it can be seen from the picture below the reservoir is

constructed very close to his house, and as the person has another two houses, one in the same village

and the other one at five kilometers distance, he is currently negotiating with the water project

officials to sell the house to the project. In that case, the water project would get a relaxed space, and

partly use it for office.

Picture 3: A reservoir under construction at Abba Jifar site

2.2.2 Loss of other assets

The PAPs in Jimma water supply and sanitation project are compensated for loss of assets mostly

perennial crops and trees. Other than the four individuals affected at the Jiren Kella and Abba Jifar

reservoirs sites, assets of three individuals are affected by pipeline and constructions without

permanently expropriating their land. They lost coffee trees, chat, banana and eucalyptus trees. All

the three are properly compensated per the requirements of the RPF. In general more than 300 coffee

trees; 1 banana tree; 28 chat; 133 cypress and 100 eucalyptus trees belonging to private owners are

damaged and the owners are compensated. All the PAPs are compensated for the loss of assets as per

the provisions of the approved RPF. Besides, the pipeline from the Boye new water treatment plant

to the reservoir in Jiren kella and a 0.9 km new road constructed on the same line damaged about 170

eucalyptus trees and cypress trees from the state owned Jiren forest. The trees are properly collected

and handed over to the Oromia Forest Management, which officially administers the forest. These

are consistent with the details mentioned in ESIA.

2.2.3 Consultations and grievance addressing mechanisms

The Jimma Water Supply and Sanitation Project officials and the city administration are consistent in

conducting consultations with the project affected people. The project usually reports in advance to

the kebele the sites where they are going to construct, for instance, a reservoir or design of a pipeline.

Then, the kebele officials inform individuals whose property will be potentially impacted. This

initiates consultations between the project and the PAPs. Based on the consensus of the PAPs the

project requests the city administration’s compensation standing committee to calculate their losses.

The compensation committee is constituted by representatives from the Mayor’s office (construction

department), land administration, urban agriculture, security and the kebele administration. An

agricultural expert and a construction expert are always part of the compensation committee and play

a pivotal role in the calculation of the property lost. The PAPs and the compensation committee visit

the impacted site together and agree on the type and amount of losses, share views on the calculation

of compensation.

In case they disagree with the compensation committee’s suggestions, the PAPs are informed the

way to air their grievances. In that case, the PAPs file their complaints at the mayor’s office, and the

mayor establishes a special committee to address a specific grievance. So far, this did not happen.

The compensation procedures have been handled smoothly.

2.2.4 Adverse livelihood impact

Notwithstanding the various constructions underway, Jimma water supply and sanitation project has

no adverse livelihood impact. To date, seven individuals have been affected by the project. There is

no physical displacement of a dwelling unit. In terms of proportion, the loss by each of them is less

than 10% of what they have. Most of them lost commercial crops such as coffee, chat, and trees. All

of them are dully compensated. Besides, the individual who lost more than 200 coffee trees at the

Jiren Kella reservoir site (which is the major loss in terms of cash crop) was given an employment

opportunity by the project, in addition to cash compensation, to support his household. Therefore, so

far there is no adverse livelihood impact. All the compensation procedures took place with great

consensus.

2.2.5 Adverse social impact

The pipeline from Ginjo to Abba Jifar is designed to pass fairly close to a burial site. Based on the

ESIA recommendation the contractor and the water project planned to use only human labour rather

than machine during the construction of the pipeline, and that would mitigate any impact on the

burial ground. Thus, no adverse socio-cultural impact has been observed and foreseen in the future.

2.2.6 Lesson learned

Officials of Jimma Water Supply and Sanitation Project have been effective in searching for options

to mitigate adverse impacts of the project. For instance the ESIA mentioned that the pipeline from

Boye to Jiren Kella cross the main asphalt road causing a significant damage to the road (ESIA,

2011:89). However, during construction phase the project innovatively passed the pipeline under the

asphalt road culvert without affecting the road. The project officials also worked in identifying the

PAPs in advance, contacting and negotiating with them, and processing their compensation with the

compensation standing committee. The project facilitated for the individual PAPs to go to their

impacted site with the compensation committee and measure or count the losses. Of the seven PAPs

they have paid compensation so far; they identified the poorest household and gave the head of the

household employment opportunity within the project, besides the cash compensation he received.

According to the manager of the project, this is the kind of lesson they acquired from working with

the PAPs. So far there was no complaint. In fact, all the PAPs contacted by the consultant expressed

their satisfaction. This experience would help the project officials in their future efforts.

3 LEGAL FRAMEWORK FOR EXPROPRIATION AND

COMPENSATION

Land expropriation and compensations were conducted based on relevant laws of the land as agreed

upon in the Resettlement Policy Framework. As land is state property compensations have been

calculated for property situated on landholdings and not for the land. The 1995 Constitution of the

Federal Democratic Republic of Ethiopia states:

“The right to ownership of rural and urban land, as well as of all natural resources, is

exclusively vested in the State and in the peoples of Ethiopia…” (Article 40, sub article

3).

“Every Ethiopian shall have the full right to immovable property he builds and to the

permanent improvements he brings about on the land by his labour or capital This right

shall include the right to alienate, to bequeath, and, where the right of use expires, to

remove his property, transfer his title, or claim compensation for it. Particulars shall be

determined by law”. (Art. 40, sub article 7)

Furthermore, Article 8 states:

“Without prejudice to the right to private property, the government may expropriate private

property for public purposes subject to payment in advance of compensation commensurate

to the value of the property”.

Also and more specifically, Article 44, sub article 2 states:

“All persons who have been displaced or whose livelihoods have been adversely affected as

a result of State programmes have the right to commensurate monetary or alternative means

of compensation, including relocation with adequate State assistance.”

Subsequent proclamations and directives have become the instruments to implement the provisions

of the Federal Constitution pertaining to land. Accordingly, Proclamation no 455/2005 clarifies and

defines who has the power to expropriate land holdings, in urban or rural areas. Article 3, sub article

1 of the proclamation states:

“A woreda or an urban administration shall, upon payment in advance of the compensation

in accordance with this proclamation, have the power to expropriate rural or urban

landholdings for public purposes where it believes that it should be used for a better

development project to be carried out by public entities, private investors, cooperative

societies or other organs, or where such expropriation has been decided by the appropriate

higher regional or federal government organ for the same purpose.”

Displacement compensation for rural landholdings is governed by provision of Article 8, sub article

three of the proclamation:

“A rural landholder whose land has been permanently expropriated shall, in addition to the

compensation payable under article 7 of this proclamation, be paid displacement

compensation which shall be equivalent to ten times the average annual income he secured

during the five years preceding the expropriation of the land.”

The above legal provisions constitute the basis for the expropriation of landholdings and

commensurate compensations for all lands expropriated for public purposes. The Ambowuha Spring

Development Project at Hawassa Water Supply and Sanitation Project and Jimma Water Supply and

Sanitation projects are also governed by these legal provisions. In view of this, the Resettlement

Policy Framework (January 2007) for the UWSSP proposes “permanent loss of land” will be

compensated with “replacement by a similar piece of land (…) OR cash compensation at

replacement value…” (page d)

In line with the above stated legal provisions and the resettlement policy framework of the UWSSP,

the regional/city administrations determine the value of the property affected by the project and rate

at which the damage will be compensated. Variables taken into account when compensations are

calculated for the expropriated landholdings include production per hectare, market price of a given

type of crop produced on that land, types and values of fences or other structures on the land.

4 CONCLUDING REMARKS

In both water projects the project affected people and institutions have been properly compensated in

line with the GOE compensation procedures and the World Bank’s safeguard policies as per the RPF

provisions. In Jimma a very good experience others have to share is the presence of a standing

compensation committee. It is an experienced committee that has developed trust from the people.

The Hawassa water project officials and the city administration officials have put in place grievance

addressing mechanisms and smoothly addressed the complaints from the religious institutions.

Moreover, the Hawassa water project has to be commended for its works to benefit the people around

the source of the spring. It has constructed cattle troughs, washing places and communal drinking

tabs in the nearby villages. That obviously supports the sustainability of the use of the water.

5 RECOMMENDATIONS

Since the procedures in both projects run with at most care, smoothly and successfully there is little

practical thing to recommend. Hawassa water supply and sanitation project has successfully handled

the cases of many PAPs. Legally, they have cleared everything in relation to the PAPs. Yet, the

project can take further constructive roles in collaboration with other relevant offices in supporting

some of the PAPs such as the single female household head and some of the poor households through

micro-finances or other employment opportunities.

Another point, Hawassa water supply and sanitation project is doing very well in supporting people

around the source of the spring. That is an area where they should do more in expanding the

communal watering tabs that makes the people part of the project and work together on the

sustainability of the water.

In Jimma, the pipeline from the Jiren Kella to Abba Jifar is under construction. It is recommended

that the Government use their established experience in smoothly approaching and handling the

PAPs.

REFERENCES

Council of Ministers Regulations No. 135/2007, on The Payment of Compensation for Property

Situated on Landholdings Expropriated for Public Purposes.

ESIA (2010) ESIA Report of Hawassa water supply and sanitation Project

ESIA (2011) ESIA Report for Jimma water supply and sanitation project environmental and

social impact assessment study (ESIA Report)

FDRE 2007 Urban Water Supply and Sanitation Project Environmental and Social

Management Framework.

FDRE 2007 Urban Water Supply and Sanitation Project Resettlement Framework

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