resettlement action plan “(section...

RESETTLEMENT ACTION PLAN “(Section One)”

OUTPUT AND PERFORMANCE BASED CONTRACT (OPRC) FOR THE DESIGN, REHABILITATION AND MAINTENANCE OF LOT 1: REDLIGHT-GATE 15-GBARNGA ROAD (180.36KM) ICB NO: LIBRAMP-MPW/LRTF/OPRC/RGG/001/10” CREDIT NO: 4950-LR

KAKATA BRIDGE – WEALA (KM 55+550- KM78+100)

SUBMITTED TO:

MINISTRY OF PUBLIC WORKS/INFRASTRUCTURE IMPLEMENTATION UNIT

MONROVIA, LIBERIA

September 14, 2012

SUBMITTED BY:

CHINA CHONGQOING INTERNATIONAL CONSTRUCTION COMPANY

(CICO)

Monrovia, Liberia

Tel:+2316736291

PREPARED BY:

GREEN CONSULTANCY INC.

MONROVIA, LIBERIA Abi Jaoudi Bldg, Apartment 3

Corner of Gurley & Broad Street Monrovia, Liberia

Tel: 0886530870/0777001933/0777013104

Website: http//www.greenconsliberia.com

Email:[email protected] “Turning Africa Green”

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Typewritten Text

RP1514 v4

Output – and Performance – based Road Contract (OPRC) For the Design, Rehabilitation And Maintenance of RED LIGHT – GBARNGA Resettlement Action Plan (RAP) – GUINEA BORDER ROAD Lot 1:“Red Light – Gate 15 – Gbarnga” Road

China Chongqing International Construction Corporation Page 1

ACKNOWLEDGEMENT

In addition to the information assembled for this report by Green Consultancy Inc., information has been included from a number of other relevant sources. These sources included outstanding information from the client, report prepared by consulting company and experts, discussions with various stakeholders including various government agencies and institutions, local authorities and local inhabitants of the Project Area and its environs. Among those materials which have been utilized are:

• World Bank Environmental & Social Safeguards Policy

• Republic Of Liberia, (2003)Environmental Protection and Management Law of Liberia

• County Development Committee, Margibi County Development Agenda, 2008-2012

• Republic of Liberia Constitution (1986)

• Out-Put And Performance Based Contract (OPRC) For The Design, Rehabilitation And Maintenance Of Lot 1:Redlight-Gate 15-Gbarnga Road (180.36km) ICB NO:LIBRAMP-MPW/LRTF/OPRC/RGG/001/10, Credit NO: 4950-LR

• Resettlement Action Plan For Compound One Junction – Benson River KM24+940-KM73+000, October 2011

• ILO, (2010) Promoting Job Creation for Young People in Multinational Enterprises and

their Supply Chains: Liberia

• LISGIS, (2008) National Population & Housing Census

• Republic of Liberia, (2008) Poverty Reduction Strategy

• UNEP, (2004). Desk Study on the Environment in Liberia

• NECOLIB, Liberia Biodiversity Strategy Action Plan (LBSAP), (2003)

Information obtained in the above materials has been used without or with only minimum editorial alteration. GreenCons has no intent of representing that information as its own work. GreenCons has had to rely, however, on the accuracy of the information provided by sources other than its own.

To the entire above, GreenCons makes professional recognition and grateful appreciation and acknowledgement. The compilation of information and the resulting interpretation on environmental and social aspects of the project remains, however, the responsibility of Green Consultancy Inc.



CERTIFICATION This Resettlement Action Plan was prepared by Green Consultancy Inc., a Liberian owned Environmental & Social Consultancy firm licensed by the Environmental Protection Agency of Liberia. The report was prepared in accordance with the Environmental Protection & Management Law of Liberia (2003), and the World Bank Operation Policy 4.12 on Involuntary Resettlement. We, the undersigned, certify that to the best of our knowledge and belief, this report is correct and truly reflects the stakeholder views, concerns and benefits of the road corridor located from the outskirts of Kakata City to the entry point of Weala KM 55+550 - KM78+100. Consultant: Green Consultancy Inc. Address: MONROVIA, LIBERIA Abi Jaoudi Bldg, Apartment 3 Corner of Gurley & Broad Street Monrovia, Liberia Email: [email protected] / [email protected] / [email protected]

Tel: 0777001933/ 0886530870

Sign: _______________________________________________

Date: _______________________________________________

Client: CHINA CHONGQOING INTERNATIONAL CONSTRUCTION COMPANY (CICO) Monrovia, Liberia Address: Monrovia, Liberia Email: [email protected] / [email protected] Tel: +2316736291

Sign: ________________________________________________

Date: _______________________________________________

mailto:[email protected]%20/%[email protected]%20/%[email protected]

mailto:[email protected]



Table of Contents

EXECUTIVE SUMMARY 12

Project Description .....................................................................................................................12

Objective of the Resettlement Action Plan ................................................................................12

Approach and Methodology of the Social Assessment ..............................................................13

Report Structure .........................................................................................................................13

RESETTLEMENT ACTION PLAN (RAP) 14

RAP IMPLEMENTING ARRANGEMENT 16

POLICY AND REGULATORY FRAMEWORK 17

EXISTING SOCIO-ECONOMIC CONDITIONS OF PROJECT AFFECTED COMMUNITIES 18

Population and Demographics ...................................................................................................18

Occupational Status ....................................................................................................................18

Income of the Affected Household ............................................................................................19

Affected Land and Housing .......................................................................................................19

Land Use ....................................................................................................................................19

Pattern of Social Interaction and Community Organization ......................................................19

PROJECT IMPACT AND MITIGATION MEASURES 19

PUBLIC PARTICIPATION 21

ENTITLEMENT AND COMPENSATION FRAMEWORK 22

Budget ........................................................................................................................................24

HIGHLIGHT OF RESETTLEMENT ACTION PROGRAM 26

PUBLIC CONSULTATION AND DISCLOSURE 27

MONITORING AND EVALUATION 29

Internal Monitoring and Evaluation ......................................................................................... 30

1.0 PROJECT INTRODUCTION 32

1.1 Project Background ..............................................................................................................32



1.2 Project Description ...............................................................................................................35

1.3 Structure of the RAP Report ................................................................................................35

1.4 Aims of the Resettlement Action Plan .................................................................................36

1.5 Policy and Principles of RAP ...............................................................................................36

1.6 Planning and Method of RAP ..............................................................................................37

1.7 Methodology ........................................................................................................................38

1.7.1 Public Information Strategy ............................................................................................ 38

1.7.2 Survey ............................................................................................................................. 39

1.7.3 Assets Inventory .............................................................................................................. 39

1.7.4 Census, Socio-economic Survey and Asset Verification ................................................ 39

1.7.5 Social Impact Assessment ............................................................................................... 39

1.7.6 Scope of RAP .................................................................................................................. 40

2.0 APPLICABLE POLICY, LEGISLATIONS AND INSTITUTIONAL FRAMEWORK 41

2.1 Introduction ..........................................................................................................................41

2.2 Policy Framework ................................................................................................................41

2.2.1 National Environmental Policy (2003) ........................................................................... 41

2.2.2 World Bank Policies ....................................................................................................... 41

2.2.3 OP/BP 4.01-Enviornmental Assessment ......................................................................... 42

2.2.4 OP 4.12-Involuntary Resettlement .................................................................................. 42

2.3 Regulatory Framework .........................................................................................................42

2.3.1 Liberian Constitution 1986 ............................................................................................. 42

2.3.2 Land Act 1856 ................................................................................................................. 42

2.3.3 County Act 1969 ............................................................................................................. 42

2.3.4 Land Acquisition Act 1929 ............................................................................................. 43

2.4 Institutional Framework .......................................................................................................43

2.4.1 Liberia Water and Sewerage Corporation ....................................................................... 43

2.4.2 Ministry of Public Works ................................................................................................ 44



2.4.3 Ministry of Planning and Economic Affairs ................................................................... 44

2.4.4 Ministry of Health and Social Welfare ........................................................................... 44

2.4.5 Ministry of Lands, Mines and Energy ............................................................................. 44

2.4.6 Environmental Protection Agency (EPA) ....................................................................... 44

2.5 Land Tenure Systems ...........................................................................................................44

2.5.1 Customary Tenure ........................................................................................................... 44

2.5.2 Freehold Tenure .............................................................................................................. 45

2.5.3 Leasehold Tenure ............................................................................................................ 45

2.6 Land Valuation System ........................................................................................................45

2.7 Compensation .......................................................................................................................45

2.8 Grievance Remedial .............................................................................................................46

3.0 SOCIO-ECONOMIC PROFILE 49

3.1 Introduction ..........................................................................................................................49

3.1.1 Methodology ................................................................................................................... 50

3.1.2 Survey ............................................................................................................................. 50

3.1.3 Assets Inventory .............................................................................................................. 50

3.1.4 Census, Socio-economic Survey and Asset Verification ................................................ 50

3.1.5 Social Impact Assessment ............................................................................................... 51

3.2 Overview of the Project Area ...............................................................................................51

3.2.1 Demography ................................................................................................................... 51

3.2.2 Housing and Other Facilities ........................................................................................... 52

3.2.3 Pattern of social interaction and community organization .............................................. 53

3.2.4 Social network and support system ................................................................................. 53

3.2.5 Land –Use ....................................................................................................................... 53

3.2.6 Occupational Status ........................................................................................................ 53

3.2.7 Land Holding Size ........................................................................................................... 54

3.2.8 Income of the Affected Household ................................................................................. 54



4.0 PROJECT IMPACTS 55

4.1 Introduction ..........................................................................................................................55

4.2 POSITIVE IMPACTS OF THE PROJECT .........................................................................55

4.3 NEGATIVE IMPACTS .......................................................................................................55

4.3.1 Loss of land or Physical Displacement ........................................................................... 55

4.3.2 Loss of Private Assets ..................................................................................................... 55

4.3.3 Affected Land .................................................................................................................. 55

4.3.4 Affected Trees and Crops ................................................................................................ 56

4.3.5 Affected Private Structure ............................................................................................... 56

4.4 Public Health ........................................................................................................................56

4.5 Affected population ..............................................................................................................56

4.5.1 Vulnerable Household ..................................................................................................... 57

4.6 Socio-cultural Impacts..........................................................................................................57

4.7 Employment Creation ..........................................................................................................57

4.8 Mitigation Measures .............................................................................................................58

4.8.1 Compensation and Livelihood Restoration ..................................................................... 58

4.8.2 Relocation Needs and Approach ..................................................................................... 58

4.8.3 Temporary Lease Land ................................................................................................... 58

4.8.4 Public Health ................................................................................................................... 58

5.0 PUBLIC CONSULTATION 60

5.1 Introduction ..........................................................................................................................60

5.2 Methods of Public Consultation ...........................................................................................60

5.3 Issues Raised in Public Consultation ...................................................................................60

5.4 Future Consultations Plan ....................................................................................................64

5.5 Resettlement Consultation....................................................................................................65

5.6 Disclosure of RAP Document ..............................................................................................65

6.0 CUT-OFF-DATE AND ELIGIBILITY NOTICE 66



7.0 ENTITLEMENT & COMPENSATION FRAMEWORK 67

7.1 Introduction ..........................................................................................................................67

7.3 Eligibility for Compensation ................................................................................................67

7.4 Verification of Affected Lands ............................................................................................68

7.5 Government Property ...........................................................................................................68

7.6 Rehabilitation Measures .......................................................................................................68

7.6.1 Support to Vulnerable Persons ........................................................................................ 70

7.7 Non – Eligibility for Compensation .....................................................................................70

7.8 Valuation and Compensation Procedure ..............................................................................70

7.9 Payment of Compensation ...................................................................................................71

8.0 IMPLEMENTATION ARRANGEMENT 72

8.1 Introduction ..........................................................................................................................72

8.2 Organizational Responsibility ..............................................................................................72

8.2.1 Ministry of Lands, Mines and Energy ............................................................................. 72

8.2.2 Environmental Protection Agency (EPA) ....................................................................... 72

8.2.3 Ministry of Finance ......................................................................................................... 72

8.3 Budget ..................................................................................................................................74

8.4 Implementation Schedule .....................................................................................................75

9.0 GRIEVANCE REDRESS MECHANISM 78

9. 1 Introduction .........................................................................................................................78

9.2 Objective of the Grievance Redress /Complaint procedure .................................................78

9.3 Grievance Redress Mechanism ............................................................................................78

10.0 MONITORING AND EVALUATION 81

10.1 Objectives ...........................................................................................................................81

10.2 Monitoring Framework ......................................................................................................81

10.3 Internal Monitoring and Evaluation ...................................................................................82

10.4 Performance Monitoring Indicators ...................................................................................84



10.5 Impact Monitoring..............................................................................................................84

10.6 Completion Audit ...............................................................................................................84

10.8 Reporting ............................................................................................................................85

ANNEX-1: LIST OF AFFECTED PRIVATE STRUCTURES & CASH COMPENSATIONError! Bookm

ANNEX-2: LIST OF AFFECTED PRIVATE TREE CROPS & CASH COMPENSATIONError! Bookma

ANNEX 3: RECORD OF STAKEHOLDERS CONSULTATIONError! Bookmark not defined.

ANNEX-4: NOTICE OF INTENT (PUBLISHED IN LOCAL NEWSPAPER, POSTED IN PROJECT AFFECTED COMMUNITIES, ANNOUNCED ON LOCAL RADIOS)Error! Bookmark not

ANNEX 5: LETTER TO STAKEHOLDERS ........................... Error! Bookmark not defined.

ANNEX 6: PHOTO OF SOME AFFECTED STRUCTURES . Error! Bookmark not defined.

ANNEX 7: RADIO & NEWSPAPER ANNOUNCEMENT .... Error! Bookmark not defined.

ANNEX 8 PROPOSED RIGHT-OF-WAY ............................... Error! Bookmark not defined.

ANNEX 11: KEY RAP PREPARATION TEAM ..................... Error! Bookmark not defined.

LIST OF TABLES & FIGURES Figure 1: Map Showing Future Economic Corridors of Liberia……………………………33 Figure 2: Map of Project Area…………………………………………………………….. 48 Figure 3 Affected Household Income……………………………………………………… 53 Figure 4: Matrix of Key implementation agencies of the RAP……………………………..73 Table ES1: Summary Table of the RAP…………………………………………………… 15 Table ES2: Key Implementing Agencies and their function(s)……………………………. 16 Table ES3: Implementation Schedule (Summary)………………………………………… 17 Table ES4: Mitigation Measures……………………………………………………………21 Table ES5: Entitlement Policy Matrix………………………………………………………22 Table ES6: Breakdown of Cash Compensation…….……………………………………. 24 Table ES 7 RAP Budget Summary………………………………………………………… 25 Table ES8: Cut off-date for the affected zone……………………………………………. 27 Table ES9: Grievance Redress Committee Members………………………………………29 Table 2.1: Comparison between Liberian Regulations and World Bank Policies…………. 46 Table 3.1: Household and Population of Project Area…………………………………….. 50 Table 3.2: Population Distribution of Project Affected Household……………………… 50 Table 3.3: Occupational Status of Affected Population…………………………………….51 Table 3.4: Type of losses…………………………………………………………………... 51



Table 3.5: Composition of Affected Structures……………………………………………. 51 Table 3.6: Occupational Status of Affected Population…………………………………… 54 Table 4.1: Affected Properties……………………………………………………………... 55 Table 4.2: Summary of Affected Households………………………………………………56 Table 4.3 Mitigation Measures for Potential impacts……………………………………... 58 Table 5.1: Public Consultation Matrix…………………………………………………….. 59 Table 6.1: Cut off-date for the various affected zones…………………………………… 65 Table 7.1: Entitlement Policy Matrix……………………………………………………….68 Table 8.1: Key Implementing Agencies and their function(s)…………………………….. 73 Table 8.2: RAP Budget Summary………………………………………………………… 75 Table 8.3: Implementation Schedule……………………………………………………… 76 Table 9.1: Grievance Redress Committee Members ……………………………………… 79 Table 10.1: Internal Monitoring and Evaluation Committee………………………………. 82



ABBREVIATIONS CICO CHINA CHONGQING INTERNATIONAL CONSTRUCTION

CORPORATION

COI CORRIDOR OF IMPACT

EPA ENVIRONMENTAL PROTECTION AGENCY

ESIA ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT

ESMF ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

GOL GOVERNMENT OF LIBERIA

GRC GRIEVANCE REDRESS COMMITTEE

HH HOUSEHOLD HEAD

IDA INTERNATIONAL DEVELOPMENT ASSOCIATION

IIU INFRASTRUCTURE IMPLEMENTATION

ILO INTERNATIONAL LABOR ORGANIZATION

IOL INVENTORY OF LOSSES

IMC INTERNAL MONITORING COMMITTEE

LISGIS LIBERIA STATISTICS & GEO-INFORMATION SERVICES

M&E MONITORING & EVALUATION

MLME MINISTRY OF LANDS MINES & ENERGY

MOF MINISTRY OF FINANCE

MOH MINISTRY OF HEALTH

MPW MINISTRY OF PUBLIC WORKS

NGO NON GOVERNMENTAL ORGANIZATION

OP OPERATIONAL POLICY OF WORLD BANK

PA PARTIALLY AFFECTED

PAP PROJECT AFFECTED PERSON

PRS POVERTY REDUCTION STRATEGY

RAP RESETTLEMENT ACTION PLAN

ROW RIGHT-OF-WAY

TA TOTALLY AFFECTED

TFLIB TRUST FUND FOR LIBERIA

WB WORLD BANK



Definitions The following definition will be applied in the Resettlement Action Plan:

• Compensation: The payment in cash or kind for private property acquired by the project, based on replacement value as defined by the property valuation

• Corridor of Impact (COI): The COI is set as follows: 150 feet (45.72m) by 22,550m

• Cut-off Date for Eligibility to Entitlement: The cut-off date for eligibility to compensation and assistance is the date of notification by the RAP Consultant and MPW representative after all inventory of affected persons and assets have been taken

• Entitled Person: Any person who is entitled to compensation due to loss of privately-owned property or income with or without legal title.

• Lease – A person who hires, charter or rent a structure, land or a place.

• Tenant – A person or people who occupy or inhabit a structure, land or a place having paid for the use of such for an agreed period of time.

• Project Affected Person (PAP): Any person directly affected by the project through the acquisition of assets belonging to him/her of his/her household or community. This includes any person whose rights, standard of living, subsistence and income-generating capacity are adversely affected through the acquisition of assets, whether total/partial, or permanent/temporary.

• Project Affected Group: Communities or groups, which lose community resources to the project.

• Replacement Cost: With regard to land and structures, “replacement cost” is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes.

• Titleholder: The person in whose name the project-affected land and/or building is registered and the person who is authorized by law to receive the compensation granted for the acquisition of land.

• Vulnerable Groups: Social categories whose livelihoods may be particularly or highly at risk due to disturbances created by the project i.e. female headed household, disable, age person with little or no support.



EXECUTIVE SUMMARY

The Kakata – Weala Section (KM55+550-KM78+100), comprising of 22.55km, is part of the first phase of the out-put and performance-based Road (OPRC) contract for Lot 1. Lot 1 commences from Red Light to Gbarnga in Bong County. This first section of the RAP report commences from an identified marking beginning at KM55+550 (55.550KM) and ending at KM78+100(78.100KM) marking the entrance of Weala community.

The 180.36km high way project which incorporates the part of the Kakata – Weala Section of 22.55km is part of the commitment by the Government of Liberia to reconstruct severely deteriorated road network that was either destroyed as a result of the past civil conflict through IDA funded project called the Liberia Road Asset Management Project (LIBRAMP) .

The project is financed through a credit agreement signed by the Government of Liberia and the International Development Association. (IDA) This project is part of the government development efforts to address the massive infrastructure challenges facing the post-war country.

Project Description

The Project is part of the Liberia Road Asset Management Project (LIBRAMP). It has been agreed upon by the contractor that due to the length of the road and the importance attached to seeing the project completed in time to ease the very deplorable road status, the preparation of the RAP is sub-divided into three sections.

Section 1: This section runs from KM 55+550- KM78+100 Section 2: This section runs from KM 114+600- KM146+550 Section 3: This section covers the last section of the entire road project from Red light-15 Gate to Gbarnga. The road rehabilitation works involves widening of the road, which is expected to result in resettlement of some residents within the right-of-way between Kakata bridge to Weala entrance (KM 55+550- KM78+100)).Resettlement of persons along this segment will take place which will involve compensation of people, demolition of structure to give way to road design work and construction.

Objective of the Resettlement Action Plan

The objective for the preparation of this Resettlement Action Plan (RAP) is to collect detailed information on affected persons, types and magnitudes of impacts as well as identifying options and strategies for their compensation. It identifies and describes the institutional arrangements, schedules and budgets for the implementation of the program. It identify safeguard measures including compensation and resettlement assistances to the affected persons consistent with the provisions of Liberian laws and policies of the World Bank and to



particularly address the adverse impacts associated with road improvement and upgrading works.

Approach and Methodology of the Social Assessment

The methodology includes social impact assessment, followed by a census of potentially affected persons and verification of their affected assets. The project team first established the project alignment and impact zones, relying on the markings carried out by the design team with respect to required ROW. The social survey team then conducted the census of affected households. The identified land owners of the affected land were further verified in consultation with local town authorities and neighboring community land owners. Prior to the field studies, a socio-economic desk research was conducted on the project area using the Poverty Reduction Strategy of Liberia, 2008 National Population & Housing Census Report, the Margibi County Development Agenda 2008-2012 etc. A socioeconomic site assessment survey was carried out during February-May 2012. This survey recorded demographic features and verification of lost assets ownership. The socio-economic survey of the area of influence of the road was conducted by the social survey team. This survey covered 1 km on either side of the road corridor as a zone of influence. The purpose of this survey was to assess the social impact of the road including the impact of land acquisition and compensation. A census of potentially affected persons was carried out in June 2012 on site after the completion of broader socioeconomic survey of the project influence area. The social survey team enumerated all types of loss due to the road improvement. The social impact assessment was undertaken as part of resettlement impact assessment.

Report Structure

The Resettlement Action Plan is subdivided into a number of chapters to cover areas necessary for the implementation of the RAP according to the World Bank Guideline. An expectation of each of the below chapters covering the RAP is organized as follow:

Chapter One: This chapter introduces the project. It presents the project description, and its components for which land acquisition and resettlement is required. The section also discusses the purpose and methodology used for the conduct of the socio-economic survey and report.

Chapter Two: It analyzes the existing policy, regulatory and institutional framework. The Chapter also presents an assessment of the legal framework and reviews provisions of municipal regulations and the World Bank’s policy requirements.

Chapter Three: This area of the Resettlement Action Plan addresses the social status of the area of consideration of the study. It highlights the number of people, their occupational levels and the level of income as it relates to affected household. It also addresses the people’s interest in the usage of the land area surrounding them.

Chapter Four: outlines impacts of the project on the community, affected businesses and affected individuals; it also provides measures to mitigate these impacts.



Chapter Five: In this chapter, the mechanism for public consultations activities were conducted with PAPs and those issues which arise out of the consultation are addressed.

Chapter Six: Addresses the issue of timeframe in which structures along the ROW will be considered eligible for compensation. It outlined the effected date by which residents along these ROW should halt erecting new structures which will not be covered under the RAP.

Chapter Seven: Addresses how the compensation is to be carried out and people’s eligibility status. It also describes how compensation level is derived for the PAPs.

Chapter Eight: The chapter outlines the different institutions which will be responsible for the implementation of the RAP and the definite role each institution will be expected to execute. It also outlines the budget based on a number of factors including discussions with affected communities and people.

Chapter Nine: Addresses and outlines redress mechanisms for aggrieved persons for peaceful resolutions of possible grievances in connection with compensation.

Chapter Ten: The chapter details how monitoring of the RAP will be instituted and what will be expected from the monitoring. It presents the committee members and the institution assigned to the monitoring.

RESETTLEMENT ACTION PLAN (RAP) This RAP has been prepared as an established commitment on the part of the Government of Liberia in order to ensure that any economic and physical displacement, whether permanent or temporary, is conducted in a socially responsible manner and in accordance with the World Bank Policy on Involuntary Resettlement, OP 4.12. There were other guidelines, laws and regulations which were also referenced in the conduct of the work. Among these include the Liberian Constitution of 1986, the National Environmental Policy (2003), the Land Act (1856) and the Land Acquisition Act of 1929 among others. The project impacts will include economic displacement as well as physical resettlement, both covering private structure and the loss of private land. The RAP also deals with vulnerable household. The project’s impacts deal with the positive as well as the negative impacts. Improvement in the flow of traffic and reduce costs of transport and reduction in travelling time are among those positive impacts to be addressed, while loss of land and displacement including loss of private assets are paramount in terms of the negative impacts.



Table ES1: Summary Table of the RAP

Description Comment

Region Central Liberia

Counties/Districts Margibi County

Type of Civil Work & Road Length Rehabilitation and pavement strengthening of existing KM 55+550- KM78+100 – Asphalt Concrete Pavement 22.55km

Total Number of Structures to be Affected by the Project

646

Total Number of Eligible PAPs 828 (to include vulnerable people, farm owners, etc.)

Total Number of Males 2,346

Total Number of Females 1,793

Total Number of Affected Persons and Members of Household

4,139

Number of Affected Communities 14

(Nenallah, Konola, Cinta, World Bank Community, Suanamah, Bokay Town, Clinton Farm, PAW Community, Jinita, Brownell Farm, Morris Farm, Madina, Tucker0Ta and Cooper Farm)

Number of Affected Public Utilities, hand pump and wells

Hand Pump 7

Wells 11

Electric Poles None

Phone Poles None

Grave Sites 9

Churches 2

Total Budget for Implementation of RAP US$ 1,115,298.65



In light of these impacts, the RAP presents information on land acquisition, compensation for assets, as well as respective entitlements, institutional arrangements and procedures. Valuation issues, RAP implementation, monitoring and evaluation are some of those issues addressed.

RAP IMPLEMENTING ARRANGEMENT Implementation of the RAP will involve relevant institutions with mandates on land acquisition, infrastructure and environment. The Infrastructure Implementation Unit (IIU) of Ministry of Public Works will take the lead in the overall conduct of this exercise.

The Ministry of Lands, Mines and Energy has responsibility for authenticating ownership of land, issuing Certificates of Occupancy, approvals for building construction, and regulation of land allocation and acquisition process.

IIU/MPW will coordinate and supervise all activities for this project, including, communications, registration of PAPs, public consultations, dates, and venue for payments, procedure for grievance remediation and other relevant tasks. A key requisite step in World Bank land and asset acquisition and compensation policies is a framework for public consultation and participation and for establishing a process to redress grievances of affected people. The IIU and MPW shall handle a broad range of consultations relation to social issues, and land and asset acquisition. A monitoring and evaluation program shall be established by these agencies for the internal monitoring aspect. A completion audit will be conducted by an independent consultant at the end of the RAP implementation activities so as to assess the extent to which RAP objectives were met..

Table ES2: Key Implementing Agencies and their function(s)

Agency Responsibility(ies)

Contracting Entity Preparation of the Resettlement Action Plan (RAP)

Ministry of Public Works/IIU (Coordination (planning & implementation process); Budget allocation for project; Monitoring & Evaluation

Ministry of Lands, Mines & Energy Authenticate title of land owners

Environmental Protection Agency Ensure that the social and environmental policies and guidelines are followed

General Auditing Commission Ensuring that established financial and regulatory are followed in a transparent and accountable manner

Ministry of Finance Ensure that property valuation procedures are consistent with established procedures

LRRRC Manage resettlement and reintegration issues



Table ES3: Implementation Schedule (Summary)

POLICY AND REGULATORY FRAMEWORK The Government of Liberia has extensive policy and regulatory framework for the acquisition of land. The Liberian Constitution of 1986 Article 22 (a) and (b) of the Constitution gives right to all individuals to own property, either on individual basis or in conjunction with other individuals, as long as they are Liberian citizens. The basis for one to receive compensation for acquired land is also provided for by Article 24. The provision states that expropriation may be authorized for national security issues or where the public health and safety are endangered, or for any other public purposes, provided:

• That reasons for such expropriation are given; • That there is prompt payment of just compensation; • That such expropriation or the compensation offered may be challenged freely by the

owner of the property in a court of law with no penalty for having brought such action; • That when property taken for public use ceases to be so used, the Republic shall accord

the former owner, the right of first refusal to re-acquire the property.

The Land Acquisition Act of 1929 outlines procedure for obtaining rights to any piece of land in Liberia through purchase. It distinguishes land in Liberia into two categories: the hinterland and the county area.

TASKS Projected Time Frame

Sensitization and public awareness meetings with PAPs. June 1-15

Submission of RAP to MPW/IIU and WB for review & comments June 15-21

Finalize RAP Report and Submit to WB for approval June 22-July 30

Tasks Finalize list of affected people in consultation with PAPs

Project Time Frame After Disclosure

Public disclosure

Consultation & Grievance resolution Photographing of PAPs for RAP Compensation Pay compensation for eligible PAPs Monitoring of RAP Implementation



The procedure for obtaining land located in the hinterlands is as follows:-

Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government,

Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen; Paramount or clan chief signs a certificate which purchaser forwards to the office of the

District Commissioner (who also acts as the Land Commissioner for the area), The District Commissioner, after ascertaining that the land is not encumbered in

anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant.

The procedure for obtaining land located in the county is as follows:

Application to the Land Commissioner in the county in which the land is located, The applicant obtains a certificate from the Land Commissioner, if he is satisfied

that the land is unencumbered.

This RAP has been prepared in direct reference to the resettlement policy framework and institutional and regulatory framework within the context of the Laws of Liberia as well as the environmental and social safeguards requirements the World Bank (World Bank Policy (OP 14.12)). A comparison is done between legal requirements under Liberian Laws and those of the World Bank in order to identify gaps between the two. In cases where the Liberian laws are silent or are in conflict with those of the World Bank; the requirements of the Bank supersedes.

EXISTING SOCIO-ECONOMIC CONDITIONS OF PROJECT AFFECTED COMMUNITIES Population and Demographics

According to the Margibi County Development Agenda, the total population of the Gibi District is 14,250 (males=7359, females=6891); whereas the population distribution between male and female is 51.6 % and 48.4% respectively, with an average household size of 4.6. Notwithstanding, site assessment conducted puts a total of 646 affected households by the project, consisting of 2346 male and 1793 females with a household size of 4.6. The male population accounts for 66 % where the population of female is about 34% percent.

Occupational Status

According to reports generated from the field survey conducted by the field team; for the economically active population of the project area, majority of people are engaged in agriculture which accounts for 69%, while 7% of the population is engaged in services. Similarly about 20% of the population is engaged in trade and 4% involved with other activities.



Income of the Affected Household

The average household income per month of the affected household is LD3, 500 (US$46.6). The contribution of agricultural section in their household income is about 76.7% where non-agricultural sector accounts for 23.3%.

Affected Land and Housing

The upgrading works will utilize approximately 24.1 acre of farm land and 6.12 acre of residential land within the ROW. In this road section 646 households will lose their currently occupy land. Among the affected households about 93.7% of the households will be totally affected and 6.3% will be partially affected. Among them about close to 600 structures will have to relocate. Others have more than one residential house or their structures are only partially affected and they do not need to relocate. Moreover, 29 PAP will have their business affected temporarily due to road upgrading works

Land Use

Land-use in and around the study area is predominantly shifting cultivation (rice, cassava, vegetable cultivation) and rubber plantation. Most of the land that is not under cultivation is highly disturbed secondary vegetation (fallow bush), which has been subjected to slash and burn agriculture. However, the average land holding size of PAP is 0.15 acre, with a maximum of 9 acre.

Pattern of Social Interaction and Community Organization

The communities enjoy social harmony and cordiality in spite of the diverse ethnic, social, religious, and cultural groups. Intermarriages amongst the community members bind them together into a more closely knit, cohesive society. Primary and extended family members provide supports for each other in meeting basic needs such as food, shelter and other social services.

PROJECT IMPACT AND MITIGATION MEASURES The extensive surveys conducted on household identified the following indications of affected households:

1. The total household affected is 828, comprising of an affected male population 56.7 % and 43.3% female

2. The portion of income permanently lost in relation to land-based income to include rubber trees, rice farm, cassava farm, vegetables is $92,310.00

3. The total average land holding size of Project Affected People (PAP) is 0.15 acres. Residential, commercial, religious and sacred places will be affected by project activities. As a result, physical resettlement will occur. Replacement costs for any structure affected by the construction of the road will be paid. In the wake of the above



impacts which the project will cause, the key impacts of the project on the lives of the households affected by the project will include:

1. Loss of land and displacement 2. Loss of livelihoods or productivity losses 3. Loss of private assets 4. Loss of community assets and infrastructure1

In light of the above, the project will lead to both positive and negative impacts as follows: Negative impacts: Road upgrade will lead to land loss by owners along the road stretch.

Additionally, there will be destruction of commercial structures, business premises, churches, mosques, public facilities and vegetation shall occur leading to displacement of the identified PAPs at the corridor.

Positive impacts: Improved flow of traffic in and out of the project area, improved business opportunities within the affected route, reduced costs of transport and delays on travelling along the roads, improved livelihoods of the area residents due to reduced cost of transportation leading to the exposure of affected area to potential investors.

1 This consist of community well, pump and school



Table ES4: Mitigation Measures

PUBLIC PARTICIPATION One of the major highlight placed on the successful implementation of the RAP was the issue of effective public consultation and engagement with the project affect people and their communities. A large range of stakeholders were consulted using varieties of mechanisms and media (town hall meetings, stakeholder consultation, survey of affected residents etc.) The task of public consultation was carried out in different stages during the project preparation. In fact, since the beginning of the field reconnaissance survey to the period of census, the process of consultation remained continuous varying over different time periods. Individual

Potential Impact

Source/Project Activities Receptor Duration Magnitude Mitigation Measures

Demolition of buildings along the project site

Road expansion Infrastructural developments

Long term (during and after construction)

High

Reduction of road reserve within the built up areas to minimize demolition

Change of landscape

Road Expansion and construction works

Human, land and vegetation Long term Minor

Plan to restore the landscape after completion of construction

Socio-Economic/Cultural (Improvement of Livelihoods)

Entire Development

Community members and entire nation

Long term High

Positive socio-economic impacts to be enhanced

Economic losses (businesses)

Entire construction Population Long term High

Community participation in project. Compensation of losses. Proper scheduling of the whole project work to reduce direct impacts. Employment of the affected during project implementation

Social and Institutional facilities

Demolitions and road expansion Communities Short term Medium Compensation for

affected facilities

Loss of revenue

Displacement of traders along road

Human and the country

During the construction

Medium Relocation of the affected traders



consultations as well as group discussions were held in different places of the project area. Relevant issues raised in the consultations have been incorporated into this RAP report. Other government institutions which were directly consulted within the field study period are: Ministry of Public Works (Zoning Division), Ministry of Finance (Real Estate Division), Ministry of Lands, Mines & Energy (County Land Survey Office), Environmental Protection Agency, Offices of the Superintendents of Margibi County and City Mayor Kakata City, Commissioner-Weala Township. Furthermore, the study team visited all the affected households of the project area. The team recorded information of affected assets of the affected household and other socio-economic information through household census and survey.

ENTITLEMENT AND COMPENSATION FRAMEWORK The Entitlement Framework accordingly specifies compensation and/or rehabilitation measures for affected individuals and their households, and groups. These are persons, who due to project activities will have their standard of living adversely affected, lose incomes, assets or land, have access to productive assets adversely affected and also have negative impacts on the sources of their livelihood. All persons residing, conducting business or earning income within the project affected area at the cut-off-date, which is the last day of inventory of losses (IOL), will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows:

• Persons who have formal legal rights to land (including customary and traditional rights recognized under Liberian law);

• Those with temporary or leased rights to use land;

• Persons who do not have formal legal rights to lands or other assets at the time of the census, but who have claim such legal rights by virtue of occupation or use of those assets; and

• Businesses within the communities that lost revenues because their businesses are relocated from the affected business structures during the construction of new business structures

ES 5: Entitlement Policy Matrix

Type of loss Entitlement unit Description of Entitlement

House and other Structures

Loss of own house and residential plot

Titleholder Cash compensation for full or partial loss of house at replacement cost, according to house type, based on MOF approved rates



Loss of commercial establishment

Titleholder Cash compensation for full or partial loss at replacement cost, according to building type, based on MOF approved rates

Business disruption allowance

Loss of other private structures

Titleholder Cash compensation for full or partial loss at replacement cost, according to structure type, based on MOF approved rates

Other Losses

Loss of Dwelling place/structure

Tenants Rent allowance depending on number of rooms at flat rate

Increased vulnerability Vulnerable groups Special assistance allowance at flat rate

Other Privately Owned Resources

Loss of non-perennial crops Titleholder; other evidence of ownership

Advance notice to harvest crops.

Net value of crops where harvesting is not possible.

Loss of privately owned trees and perennial crops

Titleholder; other evidence of ownership

Advance notice to harvest crops. Net value of crops where harvesting is not possible, based on MOA approved rates.

Right to all other resources from privately owned Trees

Community Structures and Resources

Community buildings and Structures

Local Community Restoration of affected community structures to at least previous condition, or replacement in areas identified in consultation with affected



communities

Government Property Relevant Agency Facilities will be repaired or replaced. To be undertaken in consultation with the relevant agency

Those who arrived after cut – off – date will not be entitled to compensation

Valuation and Compensation Procedure: A process whereby lost structures and assets will be valued at their full replacement cost based on Ministry of Finance approved rates. Houses and properties, including such physical assets are valued on the basis of full replacement costs; and all structures will be compensated at a value no less than its full replacement value.

Verification of Affected Land and Crop: The process whereby affected land area and crop are assessed in order to ascertain that the status of being affected apply to it.

Compensation: Entitlement given to affected persons either in cash or in kind

Table ES 6: Breakdown of Cash Compensation

ITEM AMOUNT

Cash compensation for affected structures 983,559.40

Relocation Allowance for Affected Business Owners 3,250.00

Special Assistance for Vulnerable People 2,625.00

Three Month Rental Subsidy for Tenants 5,760.00

Farm Compensation 92,310.00

Monitoring and Evaluation 5,000.00

Reporting 500.00

Contingency 1.5% 16,527.25

Grand Total 1,115,298.65

Budget

Implementation of this RAP will be financed by the Liberian Government through the MPW. Compensation will be paid directly to the affected parties by the IIU/MPW. Appropriate



mechanism will be put in place by the Contracting Entity to ensure timely flow of funds for the RAP activities.

Table ES 7 RAP Budget Summary

No Items/Activities No. Unit Total Cost

(US$) Source of Funding

1 Concrete building structures 41 428,680.00 GOL

2 Mud bricks 96 269,052.00 GOL

3 Reed/Wooden Structures 191 14,810.40 GOL

4 Mat Structures 6 5,265.00 GOL

5 Graves 9 14,800.00 GOL

6 Mud-Dubbed structure 281 196,158.00 GOL

7 Hand pump 7 25,200.00 GOL

8 Well 11 2,750.00 GOL

9 Vulnerable People 21 2,625.00 GOL

10 Tenants 165 5,760.00 GOL

11 Churches 2 7,916.00 GOL

12 Businesses 24 3,250.00 GOL

13 School 1 25,740.00 GOL

14 Internal Monitoring and

Evaluation 1 2,000.00 GOL

15 Demolition 1 2,000.00 GOL

16 Farm/crops 182 92,310.00 GOL



17 Completion Report 1 500.00 GOL

18 Total 1,098,816.40

19 Contingency (1.5%) 16,482.246

1.5% for unidentified claims, unexpected expenses and inflation due to delay

20 Grand Total 1,115,298.65 GOL

HIGHLIGHT OF RESETTLEMENT ACTION PROGRAM There are persons, who due to project activities will have their standard of living adversely affected, lose incomes, assets or land, have access to productive assets adversely affected and also have negative impacts on the sources of their livelihood. The RAP will include actions to ensure Project Affected People are appropriately compensated under the following categories once these categories of land fall in or are within the designated 75 feet right of way (ROW) on both sides of the centerline.

1. Persons who have formal legal rights to land (including customary and traditional rights recognized under Liberian law);

2. Those with temporary or leased rights to use land; 3. Persons who do not have formal legal rights to lands or other assets at the time of

the census, but who have claims to such legal rights by virtue of occupation or use of those assets; and

4. Businesses within the communities that lost revenues because their businesses are relocated from the affected business structures during the construction of new business structures

Under the RAP implementation program, the following actions will also be executed:

• All income generating assets, including trees, will also be compensated for based on Ministry of Agriculture required fees for such categories;

• All payments of assets will be made in full prior to the start of the construction activity in a specific area

• Valuation of land and assets will be done by both the Ministries of Finance and Agriculture; In the event of disagreements, the courts will determine compensation



levels and any cost associated with court proceedings will be borne by the project and not by the project affected people;

• Compensation for state land, including publicly owned, will be made to the relevant public agencies through the Ministry of Finance. When lands owned by the village administrations are acquired, payment will be made directly to the village administrations.

• There may be ownership dispute during the compensation period. The project is not responsible for the resolution of these disputes. The project is not even entitled to become a party to the proceedings. A typical case may be disputed ownership; the project will conduct a fair valuation of the affected assets and will not initiate construction prior to the deposit of full payment into an appropriate account which will then be distributed in accordance with final decision of the dispute.

PUBLIC CONSULTATION AND DISCLOSURE

One of the major highlights placed on the successful implementation of the RAP is the issue of effective public consultation and engagement with the project affected people and the communities in which these people reside. Consultation with major and other stakeholders is also essential to fully understand the project and its impacts. These consultations were also important in preparing the Project Affected People for the level of work which will be carried out. Special efforts were made to contact tenants, absentee landowners and users of common property during the RAP preparation.

Communities were adequately informed about the cut-of-date, which determines the eligibility of the PAPs for compensation. The consultants have advised the PAPs not to develop in areas earmarked for the road development as such new development will not be considered for compensation. The local administration and town chiefs have also been advised to device suitable measures to prevent encroachments. Table ES 8: Cut off-date for the affected zone

Affected Community Cut-Off-Date

Weala through Kakata (Section 6) May 24, 2012

Green Consultancy has consulted widely with a large range of stakeholders using varieties of mechanisms and media since April 2012. The greatest concern at the communities level are issues related to the appropriate valuation and compensation of land and other assets of project affected peoples (PAPs). These uncertainties were due to the fact that most of those attending the consultation had little or no knowledge on the World Bank Policy on Involuntary Resettlement. As a result of the information given during the meetings people are ready to vacate their land and assets with reasonable compensation. During the consultations, the community and PAPs



were made aware of the environmental and social impact which included issues of land and assets acquisition and compensation, loss of vegetation, dust, and noise and vibration generation among others. A grievance redress framework has been established that include

1. Institutional arrangements 2. Procedures for recording and processing grievances 3. Mechanisms for adjudicating grievances and appealing judgment and 4. Schedule with deadlines for all steps in the grievance resolution process



Table ES 9: Grievance Redress Committee Members

No Name Cell# Institution Function in Institution

Function in Committee

1

Charles Dennis 0886-5404999

EPA Senior Environmentalist

Chairman of the Committee who presides over meetings

2 David Carter 0886-693-

469 MPW Zoning Officer Zoning Officer

3 Henry Mah 06-450087 MPW Valuator Valuator

4 Rupert Taylor 06-522532 MLM&E Surveyor Land Dispute

Officer

5 Earl Neblett 06-524002 EPA Environmentalist Environmentalis

t

6 David Carter 06-525170 MPW Zoning Officer Zoning Expert

7 David L. Wiles 06-527484 IIU Environmentalist Environmentalis

t

8 PAP

Representative Kakata Member

9 PAP

Representative Weala Member

MONITORING AND EVALUATION Monitoring and evaluation (M&E) procedures are necessary to establish the effectiveness of all resettlement activities and measures put in place to mitigate adverse socio-economic impacts from project activities. The monitoring framework comprises three components: Internal Monitoring and Evaluation, Independent Evaluation commissioned to specialized firms; and RAP Completion Audit Report.



The procedures involve internal monitoring actions. The focus of the monitoring exercises will be on verifying:

• implementation of actions and commitments described in the RAP; • the timely and effective completion of the land and asset acquisition and compensation

disbursement process ; • that the compensation measures help the people who sought cash compensation in

restoring their lost structures and livelihood; • that affected people and other stakeholders can provide rapid, accurate and objective

feedback to support and sustain those aspects of the RAP that are achieving its objectives and to take redesign actions where appropriate; and

• that the income and livelihood restoration measures adopted are effective and sustainable over a reasonable period of time.

Internal Monitoring and Evaluation

An Internal Monitoring and Evaluation body comprising the Ministry of Public Works, the Ministry of Lands, Mines & Energy, EPA and the Liberian Refugee Resettlement and Reintegration Commission (LRRRC) will carry out the Internal Monitoring and Evaluation. The purpose of monitoring and evaluating will be to ensure that the implementation of compensation is carried out as per plan and to take necessary, immediate corrective measures where there are lapses.

The Internal Monitoring and Evaluation Committee will ensure appropriate social screening process as well as coordination of the overall implementation of the RAP with regards to the processes of financial compensation.

The Internal Monitoring and Evaluation Committee’s basic performance indicators will include:

• Implementation schedule for demolition of structures;

• Number of title deeds presented and verified;

• Rooster of beneficiaries to ensure its conformity with baseline data of the RAP;

• Number and category of affected persons compensated;

• Accuracy and soundness of financial records; and

• Number of complaints/grievance lodged and resolved.

An internal progress monitoring report reflecting the resettlement process will be prepared for onward submission to the IIU/MPW and the World Bank. A final report will also be prepared after completion of the resettlement exercise and submitted to both the CICO/MPW and the World Bank.



There shall also be performance Monitoring Indicators. These indicators shall measure inputs, outputs, and outcome relative to the resettlement activities. The indicators shall include:

• Number and categories of affected people compensated;

• Adherence to schedules for compensation as stated in the summary Table of the RAP

• Resolved cases of complaints and grievances by the Grievance Committee

• Accuracy of payment records of the RAP Compensation Committee



1.0 PROJECT INTRODUCTION The Government of Liberia (GOL) has given significant importance to post-war reconstruction and development, with road infrastructure high on the government’s agenda. Many roads are now impassable, which seriously constrains economic recovery, as well as the provision of basic services such as health and education. The grossly inadequate road infrastructure also impedes peace building efforts by limiting economic opportunities, constraining the ability of police and other security forces to operate effectively, and weakening national cohesiveness and integration2.

The Liberian Government and the China Chongqing International Construction Company (CICO) have signed over US$166M contract for the rehabilitation of the Monrovia-Gbarnga High way.

The 180.36km high way project is part of the first phase of the out-put and performance-based Road (OPRC) contract for Lot 1, and will commence from Red-light to Gbarnga in Bong County; in keeping with the government’s promise to ensure that all high ways, leading to the various counties, are paved.

The project is being funded through the Liberia Road Asset Management Project (LIBRAMP) Credit No: 4950-LR from the IDA/World Bank.

The road works are planned to be undertaken using the existing alignment. It aims to improve 180.36km road to an all-weather road, support periodic maintenance and support road safety.

The proposed project based on the design will likely create impacts both negatively and positively . Consequently, management and mitigation measures are proposed in order to reduce the negative impacts to acceptable minimum. Positive impacts of the project will include improved flow of traffic in and out of the project area, improved business opportunities within the affected route, reduced costs of transport and travelling time along the road, improved livelihoods of the area residents due to reduced cost of transportation. Negative impacts of the project will also include land loss by owners along the road stretch. Additionally, there will be destruction of commercial structures, business premises, churches, mosques, public facilities and vegetation, leading to displacement of the identified PAPs along the corridor. This is proposed to be minimized through reduction of the required right-of-way, especially in built up areas where permanent buildings are located.

1.1 Project Background

During the years of conflict, Liberia’s infrastructure was nearly completely destroyed and majority of services ceased being rendered. Shortly after the conflict ended, the World Bank resumed its intervention in Liberia and took on a leadership role in the areas of infrastructure,

3 Liberia Poverty Reduction Strategy 2008



economic management, and community driven development. In the field of infrastructure the World Bank undertook technical assessment and feasibility studies in five infrastructure sectors with financing from the Trust Fund for Liberia (TFLIB).

The Government of Liberia is undertaking the Liberia Road Asset Management Project (LIBRAMP) to reconstruct the severely deteriorated road network that was either destroyed as a result of the past civil conflict or outlived its lifespan. Through financial assistance from the World Bank, the Government has embarked on rehabilitation of some streets of Monrovia as well as major highways. The Monrovia-Gbarnga Corridor is being funded through the Liberia Road Asset Management Project (LIBRAMP) Credit No: 4950-LR. It is expected to commence with the Kakata – Weala Section (KM55+550-KM78+100), comprising of 22.55km.

In order to meet statutory and international requirements, certain distances within the right-of-way of both sides of the motor road are expected to be free of obstructions. There exist structures within the right-of-way of the motor road within KM55+550-KM78+100 Section. Occupants of these structures are expected to be resettled, so as to provide for the undertaking of the project.

The existing road generally traverses a rolling terrain and sharp curves at some places. The condition of road drainage is generally poor. The condition of the road surface is bad especially during rainy seasons, impeding traffic movement for long period of time. Some sharp curves shall also require improvements. Widening in narrow sections is required in several parts along the corridor. The proposed width of this road section is 45.72 meter (150 ft.) including drainage. The proposed upgrading activities include rehabilitation, widening of road width, replacement of bitumen, filling embankment to achieve road gradient, sub-base and base over laying prior to bituminous wearing course, rehabilitation extension and construction of side drains and cross drainages. Currently the vehicles are plying on the road under difficult conditions, especially during the rainy season. The proposed activities require the use of the MPW prescribed right-of-way on land that are being occupied by the population in many areas; hence, relocations of some structures of the people living along the alignment is highly necessary for both safety purposes and the improvement of the road network as well as provisions for future utility requirements along the road. Rehabilitating and expanding Liberia’s road network is a prime necessity in order to connect farmers to markets, raise production levels, reduce prices for food and critical inputs, and promoting socio-economic growth; which is reflected in Liberia’s Vision for Accelerating Economic Growth. Figure 1 below shows the future economic corridors of the country to which the proposed road corridor is very critical.



Figure 1: Map Showing Future Economic Corridors of Liberia



1.2 Project Description

The intent for the Liberia Road Asset Management Project (LIBRAMP) output and performance based contract (OPRC) is for the design, rehabilitation and maintenance of lot 1: Redlight-gate 15-Gbarnga road (180.36km) ICB No: LIBRAMP-MPW/LRTF/OPRC/RGG/001/10”. The 180.36km high way project is one of the Government of Liberia’s commitments through the Liberia Road Asset Management Project (LIBRAMP) to reconstruct severely deteriorated road network that was either destroyed as a result of the past civil conflict or outlived its lifespan. The project is financed through a credit agreement signed by the Government of Liberia and the International Development Association.

The road rehabilitation works involves widening of the road, which is expected to result in resettlement of some residents within the right-of-way between Kakata Bridge to Weala entrance (KM 55 + 550- KM78 + 100). Resettlement of persons along this segment will take place which will involve compensation of people and demolition of structures to give way to road design work and construction after the payment of appropriate compensation.

1.3 Structure of the RAP Report

The Resettlement Action Plan is subdivided into a number of chapters to cover areas necessary for the implementation of the RAP according to the World Bank policy on Involuntary Resettlement. The chapters are organized as follows:

Chapter One: This chapter introduces the project. It presents the project description, and its components for which land acquisition and resettlement is required. The section also discusses the purpose and methodology used for the conduct of the socio-economic survey and report.

Chapter Two: Analyzes the existing policy, regulatory and institutional framework. The Chapter also presents an assessment of the legal framework and reviews provisions of municipal regulations and the World Bank’s policy requirements.

Chapter Three: This area of the Resettlement Action Plan addresses the social status of the area of consideration of the study. It highlights the number of people, their occupational levels and the level of income as it relates to affected household. It also addresses the people’s interest in the usage of the land area surrounding them.

Chapter Four: Outlines impacts of the project on the community, affected businesses and affected individuals; it also provides measures to mitigate these impacts.

Chapter Five: In this chapter, the mechanism in which the public consultations activities were conducted with PAPs and those issues which arise out of the consultation are addressed.



Chapter Six: Addresses the issue of timeframe in which structures along the ROW will be considered eligible for compensation. It outlines effective dates by which residents along these ROW should halt erecting new structures which will not be covered under the RAP.

Chapter Seven: Addresses how the compensation is to be carried out and person’s eligibility status. It also describes how compensation level is derived for the PAPs.

Chapter Eight: The chapter outlines the different institutions which will be responsible for the implementation of the RAP and the definite role each institution will be expected to play. It discusses the budget based on consultations with affected communities and people

Chapter Nine: Addresses and outlines redress mechanisms for aggrieved persons for peaceful resolutions of possible grievances in connection with compensation.

Chapter Ten: The chapter outlined how monitoring of the RAP will be instituted and what will be expected from the monitoring. It presents the committee members and the institution assigned to the monitoring.

1.4 Aims of the Resettlement Action Plan

The aim for the preparation of this Resettlement Action Plan (RAP) is to provide the policy and procedures of identifying and enumerating project affected persons (PAPs) as well as their compensation and resettlement. The RAP is informed by the findings of resettlement impact assessment conducted from April to June, 2012. This assessment aims to identify the impact on property and income sources of affected persons with documentation of loss of land, houses, trees, loss of income and access etc. within the corridor of impact (COI) of the road. This RAP identifies safeguard measures including compensation, resettlement and rehabilitation assistances to the affected persons consistent with the provisions of Liberians Laws and those of the World Bank. It is however important to note that where there is conflict between the two provisions, those of the World Bank supersedes. This RAP particularly addresses the following adverse impacts associated with road improvement and upgrading works.

• Private and community resources affected by the project and the entitlements required for effective households reestablishment;

• The potential number of individuals and households affected by the project and the number of households that may be displaced;

• Organizational and institutional requirement for the implementation of compensation, resettlement and rehabilitation activities;

• Implementation schedules and monitoring mechanisms and Compensation, resettlement and rehabilitation cost estimate and a

• Establishment of a Grievance Redress Mechanism The social considerations have been incorporated into road design. However, geological and topographical factors, as well as land use and settlement patterns, make the acquisition of property within the right of way (ROW) for road construction inevitable.

1.5 Policy and Principles of RAP



The proposed road upgrading activities require acquiring private assets including land, structures and trees and displacement of some people. For these activities Resettlement Action Plan (RAP) is required. Both WB policy and GOL legislation emphasize avoiding or minimizing involuntary resettlement. Where the acquisition of private assets is unavoidable, involuntary resettlement should be an integral part of project design and preparation.

• The acquisition of private assets and the displacement of people will be minimized to the possible extent, through the incorporation of social considerations into alignment selection and road design.

• Community consultation ensures people’s views; concerns and suggestions will be incorporated into implementation procedures and activities.

• An institutional framework will be developed as an integral part of the project to ensure that appropriate social impact management mechanisms are set up and maintained during implementation. These mechanisms and arrangements will ensure that compensation, resettlement and rehabilitation are carried out timely and effectively.

• Construction work will commence on road sections only after acquisition procedures including payment of appropriate compensation to affected people are completed.

1.6 Planning and Method of RAP

As the project authority, Ministry of Public Works and the IIU will assume overall responsibility for the management procedures as mentioned in the RAP. Key activities to be undertaken to ensure effective implementation of resettlement, compensation and rehabilitation are:

• Implementation of procedures to (i) minimize adverse social impacts including acquisition of land and assets throughout the planning, design and implementation phases and (ii) accurately record all project-affected persons, by means of census and asset verification and quantification exercises, and the issuing of identification;

• Establishment of systems and procedure for the co-ordination of resettlement and compensation activities;

• Establishment of mechanisms at various levels where it is appropriate and practicable to address the social issues associated with the project. The objectives of this participation program will be to: (a) ensure ongoing dissemination of project information to affected households, (b) structure, regulate and strengthen communication between roadside communities, (c) involve affected communities and local government structures in social impact management, grievance resolution and monitoring.

• Distribution of copies of the approved Entitlement Policy, and follow-up community meetings to ensure full comprehension of its contents;

• Co-ordination with other government line agencies to ensure effective delivery of mitigation and rehabilitation support measures; and

• Collaboration with non-governmental agencies to provide grassroots expertise and resources in areas such as project information campaigns, poverty alleviation and income generation projects, and impact monitoring.



1.7 Methodology

The methodology includes social impact assessment followed by a census of potentially affected persons and verification of their affected assets.

1.7.1 Public Information Strategy A systematic utilization of appropriate and diverse communication media and techniques was implore in order to promote local people's participation and understanding of the project initiatives as well as the RAP Implementation. This strategy was geared to Inform, motivate, and prepare the populations, mainly at the grassroots level" for the project undertaking, including the RAP implementation.

Under this strategy the following actions were initiated:

• A Notice of Intent was posted in two national newspapers and public service announcement issued for on national radio for a period of two weeks

• Meetings were held with city mayors, town chiefs and local representatives of government agencies in the project area

• Transect walks were held in all of the project communities in order to identify the community stakeholders, local authorities, mode of mass-communication accessible in the area and point of contact for the study team;

• Community notices were posted in all of the public places such as town hall, schools, district office, police station, market places and residences;

• With the support of the local authorities, the services of town criers were implore for the purpose of announcing to the local residents (in local vernacular) about the project activities; planned meetings, schedule, venue and time; surveys, identification and marking of affected properties

• Radio announcements read in the local vernacular were commissioned on the local community radios

• A “catch-for-all” stakeholders meeting was held at the District Headquarter involving the District Commissioner, Chiefs, youth and women leaders, market representatives, elders and affected persons from all of the communities

• Specific meetings were held with PAP during the enumeration and marking exercise

This use of mostly, face-to-face communication techniques have accelerated awareness and understanding amongst PAPs and set the basis for wider stakeholder’s participation in the project. As a follow up to this exercise stakeholders engagement needs to be a continuous aspect of the project implementation using similar media for activities such as : validation of PAP, disclosure of RAP documents and compensation measures, schedules and timeframe for the payment of compensation etc.



1.7.2 Survey The project team first established the project alignment and impact zones, relying on the markings carried out by the design team with respect to required ROW. The surveyor team then pegged the alignment and impact boundaries and verified the affected land areas, assets and structures. The affected lands were measured at the site and the premises were enumerated by the surveyors. The social survey team then conducted the census of affected households. The identified land owners of the affected land were further verified in consultation with local town authorities and neighboring community land owners.

1.7.3 Assets Inventory As part of the census, an inventory survey was carried out during May-June 2012. The survey teams consisted of Social Development and Resettlement Specialist, Research Supervisor, Enumerators, representative of MPW and other concerned local officials. The affected households also participated in the survey. A detailed inventory of affected persons/households, land houses and other structures, private trees, public properties and common property resources was prepared and verified with the owners and related persons on site.. The photograph of the affected houses and structures was also taken to discourage further encroachment after census of PAPs.

1.7.4 Census, Socio-economic Survey and Asset Verification Prior to the field studies, a socio-economic desk research was conducted on the project area using the Poverty Reduction Strategy of Liberia, 2008 National Population & Housing Census Report, the Margibi County Development Agenda 2008-2012 etc. Afterwards, a socioeconomic survey was carried out during February-May 2012. The objectives of the socioeconomic survey was to prepare profile of affected persons, assess household income and expenditure, identify productive assets and income generating activities and plan for income restoration, develop relocation options and develop social and economic support measures for vulnerable groups, assess socio-economic impacts of the project on the community. This survey also recorded demographic features and verification of lost assets ownership. The socio-economic survey of the area of influence of the road was conducted by the social survey team. This survey covered the 1 km either side of the road corridor as a zone of influence. A census of potentially affected persons was carried out after the completion of broader socioeconomic survey of the project influence area which was by June 2012. The social survey team enumerated all types of loss due to the road improvement. In the census of project affected persons, the total land holding of the PAPs was enumerated the total percentage of lost land, houses and structures, number of different types of trees were also counted. The loss of public properties like churches, mosques were taken into consideration.

1.7.5 Social Impact Assessment The social impact assessment was undertaken as part of the resettlement impact assessment. The study identified the following key social issues for investigation:



• Loss of private property and other assets (land, houses and trees) and compensation modalities for these losses

• Population displacement • Construction employment opportunities • Potentiality for social development • Establishment of a cut-off date

1.7.6 Scope of RAP Most of the highways and feeder roads in Liberia have a legal right of way of 75ft/22.86m on both sides of the centerline. Keeping in view of current situation and the need to expedite the project, it has been decided that the RAP be prepared for the first sections of the road comprising of a total of 22.55 (Km 55+550 to Km78+100), comprising of the corridor of impact in this section. Therefore, the present study covers only the area mentioned, using the existing alignment.



2.0 APPLICABLE POLICY, LEGISLATIONS AND INSTITUTIONAL FRAMEWORK

2.1 Introduction

The Policy and Legal framework evaluates the available enactments and regulations that guide land acquisition and compensation including mechanisms for conflict resolution and appeals. These legal frameworks provide applicable legal and administrative procedures including remedies available to affected persons in the judicial process and the normal time frame for such procedures and available alternative dispute resolution mechanisms that may be relevant to the project. There are several enactments all governing land and transactions of land in- country. The laws and regulations relates to agencies responsible for implementing resettlement activities and guides on issues such as land, water and environment among others. The legal frameworks which govern land acquisition for development of public property are discussed in this section. This RAP has been prepared in direct reference to existing institutional and regulatory framework within the context of the Laws of Liberia as well as the environmental and social safeguards requirements the World Bank (World Bank Policy (OP 14.12)). A comparison is done between legal requirements under Liberian Laws and those of the World Bank in order to identify gaps between the two. In cases where the Liberian laws are silent or are in conflict with those of the World Bank; the requirements of the Bank supersedes.

2.2 Policy Framework

2.2.1 National Environmental Policy (2003) This Policy aims at improving the physical environment, quality of life and coordination between economic development, growth, and sustainable management of natural resources. Key objectives of the policy include:

• The systematic and logical framework with which to address environmental issues; • Benchmarks for addressing environmental problems in the medium- to long-term; • Context for financial/donor support to particular sectors and non-sector; • The means for generating information and awareness on environmental problems; and • To demonstrate Liberia’s commitment to sustainable management of the environment.

2.2.2 World Bank Policies The World Bank’s social and environmental safeguard policies seek to prevent and mitigate potential adverse impacts associated with the Bank’s lending operations that may adversely affect people and their environment. The road rehabilitation project warrants the World Bank’s safeguard policies on Environmental Assessment OP/BP 4.01 and Involuntary Resettlement OP 4.12.



2.2.3 OP/BP 4.01-Enviornmental Assessment The World Bank requires environmental screening of each proposed project to determine the appropriate extent and type of EA process. OP/BP 4.01-Enviornmental Assessment outlines the policy and procedure for environmental assessment of the Bank’s lending operations. The road rehabilitation project is classified as Category B, which could have potential adverse environmental impacts on human population as well as the environment.

2.2.4 OP 4.12-Involuntary Resettlement The policy deals with direct economic and social impacts that may result from Bank-assisted investment projects, and are caused by (1) the involuntary taking of land resulting in relocation or loss of shelter; loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; and (2) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. This policy applies to the road rehabilitation works.

2.3 Regulatory Framework

The Liberian Constitution and other laws provide for resettlement and compensation. This section provides a detailed description of the legal framework for the implementation of involuntary resettlement projects in Liberia, taking into account the following applicable Liberian Laws.

2.3.1 Liberian Constitution 1986 Article 22 (a) and (b) of the Constitution gives right to all individuals to own property, either on individual basis or in conjunction with other individuals, as long as they are Liberian citizens. The right to ownership of property however does not extend to mineral resources on, or beneath the land.

2.3.2 Land Act 1856 Before independence, land acquisition and distribution in Liberia was done on the basis of relationship and class system. This system of land tenure was seriously opposed and it led to the establishment of a set of rules known as the ‘Digest of Law to govern the affairs of the settlers in terms of land distribution’. This subsequently culminated into the Land Distribution Act of 1856, which removed the restriction to land distribution on the basis of citizenship. Later, this Act was repealed by the 1950 Land Act which restricted land ownership to citizens and naturalized citizens, especially those of Negro descent.

2.3.3 County Act 1969 The Act first instituted official distribution and demarcation of land boundaries in Liberia. Heretofore, counties were created through political means. For example, the three oldest



counties in Liberia-Montserrado, Sinoe, and Maryland were all products of political consideration.

2.3.4 Land Acquisition Act 1929 The Act outlines procedure for obtaining rights to any piece of land in Liberia through purchase. It distinguishes land in Liberia into two categories: the hinterland and the county area.

The procedure for obtaining land located in the hinterlands is as follows:-

Obtain consent of Tribal Authority to have a parcel of land deeded to the individual by the Government,

Pay a sum of money as a token of one’s intention to live peacefully with the tribesmen; Paramount or clan chief signs a certificate which purchaser forwards to the office of the

District Commissioner (who also acts as the Land Commissioner for the area), The District Commissioner, after ascertaining that the land is not encumbered in

anyway, approves that the land be deeded to the applicant and he issues a certificate to the applicant.

The procedure for obtaining land located in the county is as follows:

Application to the Land Commissioner in the county in which the land is located, The applicant obtains a certificate from the Land Commissioner, if he is satisfied

that the land is unencumbered.

After the purchaser completes the above steps, he pays to the Bureau of Revenues the official value of land which is not less than fifty cents per acre. Thereafter, the purchaser shall obtain and submit a receipt to the President for an order to have the land surveyed. A deed will then be prepared by the Land Commissioner, authenticated, and given to the purchaser.

2.4 Institutional Framework

The institutions that have the statutory roles in implementation of this RAP are as follows:

2.4.1 Liberia Water and Sewerage Corporation In line with the National Legislature Act of Liberia 1973 that established the LWSC, this institution is mandated to:

Manage, operate and implement water and sewerage services; Establish and maintain facilities throughout Liberia; Apply the principle of fair and reasonable charges; Trade and manufacture materials; and Obtain rights and legal titles.



However, in other areas such as the planning, development, operation and maintenance of non-sewerage domestic and public sanitation facilities, LWSC shares responsibilities with municipality authorities and the Ministry of Health and Social Welfare.

2.4.2 Ministry of Public Works This Ministry has the statutory responsibility to design, construct and maintain roads, highways, bridges, storm sewers, public buildings and other civil works. Additionally, it is also responsible to carry out urban and town planning, as well as provide architectural and engineering supervision of infrastructure required for waste management. The Ministry has an Infrastructure Implementation Unit (IIU), charged with the implementation of Urban Works Project on behalf of the Ministry.

2.4.3 Ministry of Planning and Economic Affairs This Ministry has the statutory mandate to coordinate national and regional developmental planning and monitor their implementations.

2.4.4 Ministry of Health and Social Welfare The Ministry has a Department of Environmental and Occupational Health that handles matters relating to water and sanitation and general environmental issues. It carries out sanitary inspections in public places, including drinking water surveillance; construction and/or supervision of water wells and pit latrines and the promotion of community health education. The Ministry also provides capacity building and training of environmental health technicians.

2.4.5 Ministry of Lands, Mines and Energy This Ministry, besides its pivotal role in mineral resource development, is also in charge of administering and regulating public and private lands. This includes land tenure, land policy, land reform, land use, planning, and other aspects of land administration.

2.4.6 Environmental Protection Agency (EPA) The EPA is responsible for monitoring, coordinating, and supervising the sustainable management of Liberia’s environment. It is mandated to ensure the conduct of EIA for projects and programs that are likely to have significant adverse effects on the environment.

2.5 Land Tenure Systems

2.5.1 Customary Tenure Customary tenure involves the use of land which the government has granted to people in the hinterland through customary rights. The process begins with the Town Chief, then the Clan or Paramount Chief and finally the District Commissioner who prepares Customary Land Grant Certificates which are subsequently legalized by the President of Liberia.



2.5.2 Freehold Tenure This involves holding land in perpetuity or for a term fixed by a condition and enables the holder to exercise, subject to the law, full powers of ownership.

2.5.3 Leasehold Tenure This tenure is created either by contract or by operation of the law. Under the tenure, the landlord or lessor grants the tenant or lessee exclusive possession of the land, usually for a specific period in return for a rent, granting the tenant security of tenure and a proprietary interest in the land.

2.6 Land Valuation System

The Republic of Liberia is the original grantor of land and the public are all grantees. Anyone who obtains land from the state has a bona fide title and right to full possession and use of said land. However the state has the right to revoke any previously granted title it has given.

In the exercise of such power of condemnation, the State through its institutions is statutorily obligated to first evaluate the current market value of the property to be acquired with the aim of providing just compensation to the affected owner. Where the land to be condemned is for public use, the State has the burden of replacing it with one of commensurate value.

In the case of public land, Title 31 of the Liberian Code provides the procedure for determining the cost as follows:

• One dollar per acre for land lying on the margin of a river; • Fifty cents per acre for land lying in the interior; • Thirty dollars per lot for towns lots

2.7 Compensation

The basis for one to receive compensation for acquired land is provided for by Article 24 of the 1986 Liberian Constitution. The provision states that expropriation may be authorized for national security issues or where the public health and safety are endangered, or for any other public purposes, provided:

• That reasons for such expropriation are given; • That there is prompt payment of just compensation; • That such expropriation or the compensation offered may be challenged freely by the

owner of the property in a court of law with no penalty for having brought such action; and

• That when property taken for public use ceases to be so used, the Republic shall accord the former owner, the right of first refusal to re-acquire the property.



2.8 Grievance Remedial

The right of an aggrieved party to seek redress is provided for under Liberian laws. In the instance where the grievance lies against an entity of government, the first step in seeking redress is to lodge a complaint with the agency, which shall then conduct a hearing and make a determination on the matter. Such decisions are subject to appeal to a regular court. Appeal may also be taken to higher court from a lower court if the aggrieved is not satisfied with the judgment. An aggrieved may seek appellate review up to the Supreme Court of Liberia. The Supreme Court is the highest judicial body to which an appeal may be lodged and its decisions cannot be appealed.

Besides the court system, a dispute may be resolved through mechanisms such as mediation at administrative agencies, where the aggrieved party refers the dispute to a third party for a decision binding on both parties; or arbitration, where both parties appoint a board or arbitrators who may make a binding decision on resolution of the dispute.



Table 2.1: Comparison between Liberian Regulations and World Bank Policies

Theme Liberian Legislation World Bank Policy OP.4.12 Mitigation Measures

Categories of affected individuals

There is no distinction between affected individuals. Land owners, land tenants, land users, owners of buildings, and owners of perennial crops are all lumped together and treated likewise.

There are no separate provisions for especially vulnerable classes of people.

Involuntary Resettlement should be avoided where feasible, or minimized.

• Particular attention should be given to vulnerable groups

• Displaced persons should be assisted to improve their livelihoods and standards of living or at least to restore them to pre-project levels.

Project should be designed to distinguish between classes of affected

individuals and this should be taken into consideration in awarding

Compensation.

Impacts Addresses only direct physical impact of acquiring land. Socio-economic considerations are not given priority.

Compensation should involve direct economic and social impact cause by acquisition.

It is not required to cover indirect social or economic impacts, but it is good practice for the borrower to undertake social assessment and implementation measures to minimize adverse impacts, particularly to poor and vulnerable groups

Design project to take socio-economic issues into consideration in determining compensation.



Compensation & Participation

Affected persons are to be informed before repossession of land. However, there is no provision on the notice period, neither is there a distinction between farmed land, nor developed land.

Affected persons should be:

• Informed in a timely manner on their options and right pertaining to resettlement

• Offered choices among, and provided with technically and economically feasible resettlement alternatives

Provided with timely and relevant information to host communities receiving re-settlers.

Adequate communication between government agencies and affected individuals well ahead of scheduled period of repossession.

Eligibility for compensation & benefits

Compensation is restricted to individuals having a legal title to affected land or property

The absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or other resettlement assistance

Design project to extend compensation (social and economic) to

individuals who do not have legal title to property

Monitoring & Evaluation

External evaluation is not required

Internal monitoring and external evaluation are required

Design project to involve third party input in assessment of compensation to be paid.

In case of conflict between the World Bank Policy and Liberian Law, the World Bank Policy will prevail.



3.0 SOCIO-ECONOMIC PROFILE 3.1 Introduction

This section presents the socio-economic profile of the study area and project affected households due to the road upgrading works.

Figure 2: Map of Project Area



3.1.1 Methodology A large range of stakeholders were consulted using varieties of mechanisms and media (town hall meetings, stakeholder consultation, survey of affected residents etc.). The methodology includes also social impact assessment followed by a census of potentially affected persons and verification of their affected assets. The task of public consultation was carried out in different stages during the project preparation. In fact, since the beginning of the field reconnaissance survey to the period of census, the process of consultation remained continuous varying over different time periods. Individual consultations as well as group discussions were held in different places of the project area.

3.1.2 Survey The project team first established the project alignment and impact zones, relying on the markings carried out by the design team with respect to required ROW. The surveyor team then pegged the alignment and impact boundaries and verified the affected land areas, assets and structures. The affected lands were measured at the site and the premises were enumerated by the surveyors. The social survey team then conducted the census of affected households. The identified land owners of the affected land were further verified in consultation with local town authorities and neighboring community land owners.

3.1.3 Assets Inventory As part of the census, the inventory survey was carried out during May-June 2012. The survey teams consisted of Social Development and Resettlement Specialist, Research Supervisor, Enumerators, representative of MPW and other concerned local officials. The affected households also participated in the survey. A detailed inventory of affected persons/households, land houses and other structures, private trees, public properties and common property resources was prepared and verified with the owners and related persons on site. Photographs of the affected houses and structures were also taken to discourage further encroachment after census of PAPs and for verification purposes.

3.1.4 Census, Socio-economic Survey and Asset Verification Prior to the field studies, a socio-economic desk research was conducted on the project area using the Poverty Reduction Strategy of Liberia, 2008 National Population & Housing Census Report, the Margibi County Development Agenda 2008-2012 etc. Afterwards, a socioeconomic survey was carried out during February-May 2012. A census of potentially affected persons was carried out after the completion of broader socioeconomic survey of the project influence area which was by June 2012. The social survey team enumerated all types of loss due to the road improvement. In the census of project affected persons, the total land holding of the PAPs was



enumerated the total percentage of lost land, houses and structures, number of different types of trees were also counted.

3.1.5 Social Impact Assessment The social impact assessment was undertaken through site assessment as a part of resettlement impact assessment.

3.2 Overview of the Project Area

The Kakata – Weala Section (KM55+550-KM78+100), comprising of 22.55km, is part of the first phase of the out-put and performance-based Road (OPRC) contract for Lot 1. Lot 1 will commence from Red Light to Gbarnga in Bong County. This first section of the RAP report commences from an identified marking beginning at KM55+550 (55.550KM) and ending at KM78+100(78.100KM) marking the entrance of Weala community. It consists of fourteen communities which include Nenallah, Konola, Cinta, World Bank Community, Suanamah, Bokay Town, Clinton Farm, PAW Community, Jinita, Brownell Farm, Morris Farm, Madina, TuckerTa and Cooper Farm.

3.2.1 Demography According to the Magibi County Development Agenda, the total population of the Gibi District is 14,250 of which female is 48.4% and male is 51.6. The Population composition of the affected population is as follows: Table 3.1: Household and Population of Project Area District Male Female Total

Gibi 7,359 6,891 14,250

Source: National Population & Housing Census, 2008 A total of 646 households are affected by the project. Among the total population of the PAPs, males constitute 66 % whilst the population of female is 34% percent. The population composition of affected household is presented below. Table 3.2: Population Distribution of Project Affected Household

Male Female Total Average HH Size

2,346 1,793 4,139 4.6 Source: Field Survey, May 2012 Table 3.3: Affected Structures



Table 3.4: Type of losses

TOTAL PAP

Type of Loss

Structure Farm/Garden

Residential Commercial Others 828 398 24 220 182

3.2.2 Housing and Other Facilities The level of housing within the project area which will be affected composed of structure ranging from concrete, mud brick, reed/wooden structure, dubbed and mat. Among these structures, there are 41 concrete structures, 96 mud brick structures, 191 reed/wooden structures, 281 dubbed structures and 6 mat structures. Among these are a total of 398 residential related structures and 24 business structures. The remaining affected structures 9 grave sites, 11 wells and 7 hand pumps. The percentage of the composition of the structures is indicated below:

Table 3.5: Composition of Affected Structures

Structures No. Percent

Concrete building structures 41 6.39

Mud bricks 96 14.95

Reed/Wooden Structures 191 29.75 Mat Structures 6 0.93 Graves 9 1.40 Mud Dubbed structures 281 43.77 Hand pump 7 1.09 Well 11 1.71 Total 642 Residential 398 61.99 Commercial 24 3.73

Concrete

Mud brick

Reed/Wooden structure

Dubbed Mat Grave sites

Hand pump Well

41 96 191 281 6 9 7 11



Others 224 34.26

3.2.3 Pattern of social interaction and community organization Communities within the project area are in peaceful co-existence with each other. The assessment at the time found no social conflict between and among communities. It was acknowledged from the assessment that there exist diverse social and cultural interactions between and among communities ranging from religion, way of life, and tribal settings, but these diversities created no conflict. There are several community organizations within these communities which major aim is to assist community member and the entire community at large.

3.2.4 Social network and support system A number of social networking and support system exist within the communities affected by the Resettlement Action Plan. The social network include among other things “kuu” (in which farmers and farm owners collaborate in the brushing and planting of farms. The act brings community member together and encourage community members to know each other and their farms. It also leads to security of farm as community members will have knowledge of all places with farms and the actual owners of the farm. The football team within these communities is also another social network which brings many persons especially youths of the community together. There are series of women organizations which foster family ties and support for women in the community by regular monthly meeting to each woman house which involves meeting to discuss women matters, and the celebration of anniversaries or birthdays. The susu club is another means through which community members are brought together to also celebrate major holidays within the country and visitation of bereaved members. All of these networks do not only lead to social networking but contribute greatly to the support of members within the community.

3.2.5 Land –Use Land-use in and around the study area is predominantly shifting cultivation (rice, cassava, vegetable cultivation) and rubber plantation. Most of the land that is not under cultivation is highly disturbed secondary vegetation (fallow bush), which has been subjected to slash and burn agriculture.

3.2.6 Occupational Status The economy of Liberia centers on subsistence agriculture. In 2002 agriculture accounted for 76.9% of GDP, when most other productive sectors of the country were hampered by the civil war. According to the Poverty Reduction Strategy, agriculture and fishery are estimated to account for 31.2% Real GDP for 2011. In 2000 agriculture accounted for more than 70% of employment. The 2010 International Labor Organization (ILO) reported that agriculture accounted for 77% of employment. The Margibi County Development Agenda report recognizes agriculture as one of the significant source of employment with 52% of households generating income from rubber. According to reports generated from the field survey conducted by



GreenCons; for the economically active population of the project area, majority of people are engaged in agriculture which is about 69% whilst about 7% population is engaged in the service industry. Similarly about 20% population is engaged in trade and 4% involved with other activities. Table 3.6: Occupational Status of Affected Population

Agriculture Service Trade Others

No % No % No % No %

446 69 43 7 128 20 28 4 Source: Field Survey, 2012

3.2.7 Land Holding Size The average land holding size of PAP is 0.15 acre, with a maximum of 9 acre.

3.2.8 Income of the Affected Household The average household income per month of the affected household is LD3, 500 (US$46.6). The contribution of agricultural to household income is about 76.7% while non-non-agricultural income accounts for 23.3%. Monthly income is given below.

Figure 3 Affected Household Income



4.0 PROJECT IMPACTS

4.1 Introduction

This section describes the details of affected assets due to the project implementation. The proposed project based on the design will likely create impacts both negatively and positively. This section discusses the impacts likely to emanate from the project and proposes management and mitigation measures in order to reduce the negative impacts to acceptable minimum.

4.2 POSITIVE IMPACTS OF THE PROJECT

Improved flow of traffic in and out of the project area Improved business opportunities within the affected route Reduced costs of transport and delays on travelling along the roads Improved livelihoods of the area residents due to reduced cost of transportation opens up the affected area to potential investors

4.3 NEGATIVE IMPACTS

4.3.1 Loss of land or Physical Displacement Road upgrade will lead to land loss by owners along the road corridor. Additionally, there will be destruction of commercial structures, business premises, churches, mosques, private residential, public facilities and vegetation shall occur leading to displacement of the identified PAPs at the corridor. This is proposed to be minimized through reduction of the required right-of-way, especially in built up areas where permanent buildings are located.

4.3.2 Loss of Private Assets It was reported during field survey that land is going to be affected by the road upgrading work as well as private structures, public structures and private trees/crops.

4.3.3 Affected Land The upgrading works will utilize approximately 24.1 acre of farm land and 6.12 acre of residential land within the ROW. In this road section 646 household will lose their currently occupy land. Among the affected households about 93.7% of the households will be totally affected and 6.3% will be partially affected. Besides, the affected land lies in the GOL allocated right-of-way (75ft from the center line of both sides). From income structure point of view, the



share of household income from agriculture in the affected area is high. In conclusion, the impact of land loss upon household income is quite somehow significant.

4.3.4 Affected Trees and Crops

In this road section altogether 9,089 private trees will be affected by road upgrading works and 2,630 fruit trees along with backyard garden comprising of cassava, okra, pepper etc. The project will pay directly cash compensation for the affected trees and crops.

4.3.5 Affected Private Structure Altogether 646 households will lose their houses and structures. Among them about close to 600 structures will have to relocate. Others have more than one residential house or their structures are only partially affected and they don’t need to relocate. Moreover, 29 PAPs will have their businesses affected temporarily due to road upgrading works. They will shift to a nearby location and resume their business afterwards. Actually the project will improve their business prospect with better economic opportunities and reliable transportation facilities to the entire population of remoter areas. Table 4.1: Affected Properties

Private trees/crops

Private Structures

182

concrete Mud brick

Reed/Wooden structure

Dubbed Mat Grave sites

Hand pump well

41 96 191 281 6 9 7 11

Source: Field Survey, 2012

4.4 Public Health

The project is expected to have some public health impacts. This is largely due to the influx of construction workers and construction activities. The possible impacts include risks on safety, noise and dust pollution, transmissible diseases such as HIV and STD. These could impact both the construction workers and local people.

4.5 Affected population

Altogether 646 households consisting of approximately 3,230 persons will be affected by this project from a safeguards point of view.



Table 4.2: Summary of Affected Households

TOTAL PAP

Type of Loss

Structure Farm/Garden

Residential Commercial Others 828 398 29 219 182 Source: Field Survey, 2012

4.5.1 Vulnerable Household In the context of this report, vulnerable people include those who are landless (squatters), marginal farmers living below subsistence level, female headed households and project affected persons who are disabled or aged with little or no livelihood support. The surveys identified several encroachers and squatters within the corridor of impact of this road section; many of whom were permitted to live in the area by persons claiming ownership to lands within the right-of-way.

4.6 Socio-cultural Impacts

The proposed project is likely to cause socio-cultural effects of the community members in the project area especially road side market centers and stalls. During implementation, works will cause interference on learning and church services due to the noise created and the dust from the excavation work. It is recommended that works in this area be done cautiously to avoid or to minimize negative impacts. The project will empower the community financially as it will be a source of employment during the project implementation period. Expansion and rehabilitation of the road will attract more traffic which will impact positive to growth of market centers and improved business opportunities. In light of these opportunities, graves will also have to be demolished to give way to the expansion after the necessary customary and traditions have been observed in line with traditional beliefs and practices.

4.7 Employment Creation

Several temporary employment opportunities will be created by the project. During the construction phase, both skilled and un-skilled laborers will benefit from job opportunities. After construction all business activities will open for market opportunities, due to the inflow of traffic leading to the alleviation of poverty and improved livelihoods.



4.8 Mitigation Measures

4.8.1 Compensation and Livelihood Restoration Key impacts on affected households are land acquisition, loss of assets, businesses, residential buildings and loss of trees. As indicated in the impact analysis, the losses and their impact on household levels are quite significant. During consultation with the affected owners, they have preferred cash compensation for their affected property. Among the total affected households, 99 percent preferred cash compensation for their affected assets.

4.8.2 Relocation Needs and Approach Altogether 646 households lose land and structure due to road upgrading works. Among them, close to 600 households need to build a new house and relocate either because their structures are totally affected by the project or because of the nature of the structure (mud and stick), a partial demolition will leave the remaining structure fragile and unsafe. Besides, these households are all scattered along the road alignment. Consultations with the affected households show that there is no need for group resettlement sites. Most households will prefer to take the cash compensation to construct new houses within the same neighborhood. A package of cash compensation will be provided to the affected households. The package includes cash compensation for the structure at replacement cost, and various other allowances, including, business disruption allowance and 3 months rental subsidy. The households who need to relocate plan to build new houses on land nearby, with the compensation money. Furthermore, employment priority will be given to the displaced household during construction. Cash compensation and support allowance will be provided to the affected to help improve their lives.

4.8.3 Temporary Lease Land In case of temporary lease of private land, compensation for the temporary occupation of land will be provided to the affected owners to pay for the fee for renting alternative accommodation.

4.8.4 Public Health Health awareness programs shall be organized on a regular basis to provide information or instructions to construction workers and local population on health including the dangers and consequences of STD and HIV/AIDS. Additional training will be given on health aspects of STD and HIV/AIDS, human trafficking. Health awareness program will be organized for the construction workers and local people. These are spelled out in the construction contracts.



Table 4.3 Mitigation Measures for Potential impacts Potential Impact

Source/Project Activities Receptor Duration Magnitude Mitigation Measures

Demolition of buildings along the project site

Road expansion Infrastructural developments

Long term (during and after construction)

High

Reduction of road reserve within the market centers to minimize Demolition

Change of landscape

Road Expansion and construction works

Human, land and vegetation Long term Minor

Plan to restore the landscape after completion of construction

Socio-Economic/Cultural (Improvement of Livelihoods)

Entire Development

Community members and entire nation

Long term High

Positive socio-economic impacts to be enhanced

Economic losses (businesses)

Entire construction Population Long term High

Community participation in project. Compensation of losses. Proper scheduling of the whole project work to reduce direct impacts. Employment of the affected during project implementation

Social and Institutional facilities

Demolitions and road expansion communities Short term Medium

Compensation for relocation of affected facilities

Loss of revenue

Displacement of traders along road

Human and the country

During the construction

Medium Relocation of the affected traders



5.0 PUBLIC CONSULTATION 5.1 Introduction

One of the major highlights placed on the successful implementation of the RAP is the issue of effective public consultation and engagement with the project affected people and their communities. All projects developed within the community level warrant the participation of the community members themselves to promote ownership and to enhance its sustainability. Consultation with major and other stakeholders is also essential to fully understand the project and its impacts. This RAP has been prepared in close consultation with stakeholders such as town and village level authorities and community people. The RAP preparation team visited and consulted with different governmental local authorities, superintendents, city mayors, project affected people, key informants and other relevant people of the project area. The government institutions which were directly consulted within the field study period are: Ministry of Public Works (Zoning Division), Ministry of Finance (Real Estate Division), Ministry of Lands, Mines & Energy (County Land Survey Office), Environmental Protection Agency, Offices of the Superintendents of Margibi County and City Mayor Kakata City, Commissioner-Weala Township. Furthermore, the study team visited all the affected households of the project area. The team recorded information of affected assets of the affected household and other socio-economic information through household census and survey.

5.2 Methods of Public Consultation

Green Consultancy has consulted widely with a large range of stakeholders using varieties of mechanisms and media (town hall meetings, stakeholder consultation, survey of affected residents etc.) Public consultations were carried out at different stages during the RAP preparation. Individual consultations as well as group discussions were held in different places of the project area. Relevant issues raised in the consultations have been incorporated into the RAP report and will be factored into the implementation.

5.3 Issues Raised in Public Consultation

Most of the issues are related to the appropriate valuation and compensation of land and other assets of project affected peoples (PAPs). People are ready to vacate their land and assets with reasonable compensation. The local stakeholders committed to support the project.



Table 5.1: Public Consultation Matrix County District Settlement Date/Time of

Meeting Venue Number

of participants

Issues/Questions raised in consultation

Responses/Measures to Resolve the Issues

Recommendations

Margibi Gibi Weala April 17, 2012/10:00am

Weala Town Hall

55 What becomes of structure that is already under construction in the ROW?

The construction process should stop and you will be compensated for the level of work done up to cut-off-date

That more awareness be done concerning the project The compensation process should be carried out transparently.

What will be done if you are partially affected by the project?

You will be compensated for the portion that will be affected by the project

When will the marking process start?

The marking process will start after the stakeholder’s consultative meeting

How will property valuation be done

Properties valuation will be done based on current market value

What happens if the project contractor needs materials from your private area?

Compensation will be given to all individuals that construction materials will be taken from their private areas such as: sand, crush rocks, etc.



County District Settlement Date/Time of Meeting

Venue Number of participants

Issues/Questions raised in consultation

Responses/Measures to Resolve the Issues

Recommendations

Kakata April 18, 2012/10:00am

Kakata City Hall

65 Where is the road going to pass

The road will pass through the main street

That awareness be made concerning the zoning law of Liberia

The economic status of the City should be taken into consideration when deciding the Right-of-way

That people of the project area be given employment priority; City Cooperation should help affected parties to relocate

What will be the environmental benefit for affected communities?

An Environmental Management Plan will be prepare to ensure that the project is environmentally friendly and will be closely monitor by the Environmental Protection Agency of Liberia.

What does the zoning law of Liberia say?

The zoning law of Liberia which was enacted in 1958 states that 75ft from the center line of the road is considered as the Right of Way.

Will compensation be given for tree crops)?

Compensation will be given for all tree crops that will be affected by the project.

When will compensation be paid?

Compensation will be paid after the marking process and all affected



parties have been identified.

Will time frame be given for affected parties to move?

Yes, affected parties will be given time frame to move after the compensation.

What becomes the land that has no structure?

All land that have no structure that fall within the 75ft ROW belong to the Government according to the Zoning law of Liberia since 1958. Compensation will only be given to people who have structures on the land.

Who shall receive benefit if the property is lease?

The person who has title to the property will receive the compensation



5.4 Future Consultations Plan

A community engagement plan would be developed to be implemented as a continuous process in order to engage stakeholders in meaningful consultations about the project. The concerns and aspirations presented would be addressed and feedback given to the community members. The information exchanged can help in the monitoring of the RAP. The Principles of community engagement would ensure that all stakeholders must be consulted and be effectively involved in a two-way communication with the project sponsors. Special efforts should be made to consult with women and vulnerable groups and communities. The RAP includes an explicit public information strategy. This includes the use of mass media, through radio and possibly television, to advise the dates and times of public meetings, availability of documents, selection criteria, cut-off dates, and compensation measures. The consultation should be preceded by providing all the relevant and accurate information. All relevant information will be disclosed by the proponent to affected persons and communities, including host communities and they should be involved in decision-making processes related to resettlement. These consultations should continue during the implementation, monitoring, and evaluation of compensation payment and resettlement to achieve outcomes that are consistent with the objectives of the OP 4.12 and the Bank’s Access to Information policy. Consultation with different stakeholders is carried out through a language and medium they are comfortable with; and in areas where the stakeholder is not comfortable with the language or do not easily understand the information provided; proponent shall take responsibility for simplifying and ensuring that the whole process is understood by the PAPs, using appropriate methods of communication. There are specific and transparent mechanism for the recording of grievances and their timely resolution. The project should make every effort to resolve grievances at the community level without impeding access to any judicial or administrative remedies that may be available. Clear communication of responsibility and accountability procedures, personnel and resource availability for effective implementation of plan shall be put in place. A schedule is prepared and disseminated in appropriate places within the footprint of the project detailing the time, place for consultation and contact details of the lead persons. Future consultation meeting will be held with the PAPs during and after the RAP Implementation process.



5.5 Resettlement Consultation

• The Contracting Entity, through a hired consultant has the responsibility to prepare the RAP, sensitizing and providing factual information to PAPs and their communities on the entire RAP processes and procedures, including established valuation of affected assets and compensation. This involves: an agreement on the compensation principles, policies, procedures and rates for the final RAP

• alleviating pressures, fears and anxieties of both impacted persons/households and IIU/MoPW promoting broad community support for the Project.

5.6 Disclosure of RAP Document

The Resettlement Action Plan for the Km55+550 – KM78+100 road section will be disclosed in Liberia by the Infrastructure Implementation Unit (IIU/MoPW). Summary of the RAP will be published in the major newspapers and also hosted at the IIU/MoPW website. The summary will also be posted in the community and other public areas for easy access by the affect people.



6.0 CUT-OFF-DATE AND ELIGIBILITY NOTICE The project cut-off date is the date of final inventory for the section. This date was preceded by notification by the RAP Consultant and MPW representative for land acquisition and compensation of affected households and assets in a broad stakeholders meeting. This meeting was announced by means of the Kakata and Weala community radio stations. In addition town crier announcements as well as notices were posted in the community for a period of three weeks. It was intended as a catch-all for all interested and affected parties to share their views in a public forum. The cut-off-date is indicated below: Table 6.1: Cut off-date for the affected zone

Affected Community Cut-Off-Date

Weala and Kakata May 24, 2012 The cut-off date determines the eligibility of the PAPs for compensation and new persons erecting structures or planting crops into the project affected areas will not be considered for compensation. The consultants have advised the PAPs not to develop in areas earmarked for development as the new development will not be considered for compensation. The local administration and town chiefs have also been advised to device suitable measures to prevent encroachments.



7.0 ENTITLEMENT & COMPENSATION FRAMEWORK 7.1 Introduction

Through the acquisition of private and community assets, the project will affect property owners, their dependents and community groups known as Project Affected Persons (PAPs). These are persons, who due to project activities will have their standard of living adversely affected, lose incomes, assets or land, have access to productive assets adversely affected and also have negative impacts on the sources of their livelihood. All persons residing, conducting business or earning income within the project affected area at the cut-off-date, which is the last day of inventory of losses (IOL), will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows:




• Businesses owners who lose revenues and have to relocate their businesses as a result of the road project

This Entitlement Framework accordingly specifies compensation and/or rehabilitation measures for affected individuals and their households, and groups. Compensation will be provided to the affected private property. Loss of private asset will be valued and compensated based on the entitlement matrix given in Table 7.1 below.

7.3 Eligibility for Compensation






• Businesses within the communities that lost revenues because their businesses are relocated from the affected business structures during the construction of new business structures

This Entitlement Framework accordingly specifies compensation and/or rehabilitation measures for affected individuals and their households, and groups.

7.4 Verification of Affected Lands

Land which falls in area eligible for compensation was assessed through site assessment. Owners or care takers were identified in persons and identification recorded. In areas where the owners or care takers were absent, community members usually give the name of persons to be contacted, in such a case, the names of the owners are usually identified.

7.5 Government Property

Government infrastructure and facilities affected by the project will be repaired or replaced in consultation with the relevant authorities.

7.6 Rehabilitation Measures

PAPs will be supported through preferential access to road construction employment opportunities to the extent possible. The project will, in addition, provide some allowances to the vulnerable or marginalized project affected households and seriously project affected households including tenants who will receive rental subsidy covering 3 months, based on an average monthly rent paid by tenants. Table 7.1: Entitlement Matrix

Type of loss Entitlement unit Description of Entitlement

House and other Structures

Loss of own house and residential plot

Titleholder Cash compensation for full or partial loss of house at replacement cost, according to house type, based on MOF approved rates

Loss of commercial establishment

Titleholder Cash compensation for full or partial loss at replacement cost, according to building type, based on MOF approved rates



Business disruption allowance

Loss of other private structures Titleholder Cash compensation for full or partial loss at replacement cost, according to structure type, based on MOF approved rates

Other Losses

Loss of Dwelling place/structure

Tenants Rent allowance depending on number of rooms at flat rate

Relocation allowance

Increased vulnerability Vulnerable groups Special assistance allowance at flat rate

Other Privately Owned Resources

Loss of non-perennial crops Titleholder; other evidence of ownership

Advance notice to harvest crops.

Net value of crops where harvesting is not possible.

Loss of privately owned trees and perennial crops

Titleholder; other evidence of ownership

Advance notice to harvest crops. Net value of crops where harvesting is not possible, based on MOA approved rates.

Right to all other resources from privately owned Trees

Community Structures and Resources

Community buildings and Structures

Local Community Restoration of affected community structures to at least previous condition, or replacement in areas identified in consultation with affected communities



Government Property Relevant Agency Facilities will be repaired or replaced. To be undertaken in consultation with the relevant agency

Those who arrived after cut – off – date will not be entitled to compensation

The World Bank Resettlement Policy requires compensation for lost assets and replacement costs to both titled and non-titled land holders and resettlement assistance for lost income and livelihood. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance and rehabilitation.

The principles adopted entails special measures and assistance for vulnerable affected persons, such as the aged, female – headed households, disabled persons, sick person, widowers, widow and children/orphans. PAPs affected through land acquisition, relocation, loss of residence and structures, business enterprises are entitled to a combination of compensation measures and resettlement assistance, depending on ownership rights and lost assets. PAPs will be entitled to compensation and resettlement assistance that will help in the restoration of their livelihoods to at least, pre-project standards.

Those who do not have legal title to land but reside in the affected area before the cut-off-date will be compensated for properties such as houses and other investment on the land, but cannot be compensated for the land.

PAPs affected through loss of residence/structures graves and churches are entitled to a combination of compensation measures and resettlement assistance, depending on ownership rights and lost assets.

7.6.1 Support to Vulnerable Persons

Vulnerable groups and individuals will be entitled to some additional support. Majority of the vulnerable people in this RAP are female heads of household and aged persons. Relocation allowance is based on flat rate for all groups of vulnerable people.

7.7 Non – Eligibility for Compensation

To achieve the objectives set forth in this RAP, persons who encroach upon project affected areas after the cut-of-date of May 24, 2012 are not entitled to compensation or any form of assistance.

7.8 Valuation and Compensation Procedure

The World Bank Resettlement Policy/Guidelines require compensation for lost assets at replacement costs to both titled and non-titled Landholders. Lost structures and assets will be



valued at their full replacement cost by the Ministry of Finance. The valuation will be confirmed by the IIU/MPW. PAPs will not experience any net loss. IIU/MPW RAP compensation committee will apply the following principles in valuation and compensation payments: houses and properties, including such physical assets are valued on the basis of full replacement costs; and all structures will be compensated at a value no less than its full replacement value.

Total square area of structures = a

Unit cost per square area (considering materials used for construction) = b

Total assessed value = a x b

7.9 Payment of Compensation

The IIU/MPW will ensure that the conditions of PAPs are restored to their pre-project status or better. PAPs will have their details documented in a registry. A committee to carry out the payment will be set up. The RAP implementation committee will consist of representatives from government and non-governmental agencies. Information regarding dates and locations of payment, list of eligible people and amount, and mode of payment will be provided by the committee. Payment will be by bank check or cash for small amount to each PAP. In case an individual is absent during payment, the compensation committee will immediately communicate a new date of payment to such individual(s). The IIU/MPW will ensure that the notification is not made public so as to guarantee the safety of the PAPs and the amount of money they are entitled to.

A total amount of One Million One Hundred and Fifteen Thousand Two Hundred and Ninety Eight Point Six-Five US Dollars Only (US$ 1,115,298.65) is required for payment to project affected people including M&E costs.

All PAPs will be provided with a census registration card that will make them eligible for payment, and serve as a means of identification. PAPs will be obliged to present a copy of their cards during payment. Notification of compensation will include locations where payments will be made, amount to be paid, the time and date of payment as well as the beneficiaries of such payment.



8.0 IMPLEMENTATION ARRANGEMENT

8.1 Introduction

This section outlines the organizational framework established for RAP implementation.

8.2 Organizational Responsibility

Implementation of the RAP will involve relevant institutions with mandates on land acquisition, infrastructure and environment. These institutions will include (1) Ministry of Lands, Mines and Energy, (2) Ministry of Public Works, (3) Environmental Protection Agency, and (4) Ministry of Finance, (4) General Auditing Commission, (5) Liberia Refugee Repatriation and Resettlement Commission. However, the Infrastructure Implementation Unit (IIU) of Ministry of Public Works will take the lead in the overall conduct of this exercise. Although a well-defined organizational structure exists within the IIU/MPW, there is the need to further strengthen its capacity for impact mitigation, monitoring and evaluation. The respective roles of the institutions involved in implementation of the RAP are as follows:

8.2.1 Ministry of Lands, Mines and Energy

The Ministry has responsibility for authenticating ownership of land, issuing Certificates of Occupancy, approvals for building construction, and regulation of land allocation and acquisition process.

IIU/MPW will coordinate and supervise all activities for this project. For effective implementation of this RAP the IIU/MPW should recruit environmental health and social safeguard specialists to coordinate implementation of the RAP. Contracting Entity will:

• Ensure that the RAP complies with all applicable national and World Bank policies; • Liaise with other government agencies and prepare periodic monitoring reports; and • Monitor RAP implementation.

8.2.2 Environmental Protection Agency (EPA)

The EPA will be responsible to assess the environmental suitability of proposed actions including choice of resettlement areas.

8.2.3 Ministry of Finance

The MOF has the responsibility for verifying valuation to ensure that it is in accordance with the guidelines of the Division of Real Estate and conforms to the World Bank policy on involuntary resettlement.



Figure 4: Matrix of Key implementation agencies of the RAP

Table 8.1: Key Implementing Agencies and their function(s)

Agency Responsibility(ies)

Ministry of Public Works/IIU (Coordination, planning & implementation process); Budget allocation for project; Monitoring & Evaluation

General Auditing Commission To ensure accountability and transparency during RAP implementation

Ministry of Lands, Mines & Energy Authenticate title of land owners

Environmental Protection Agency Ensure that the social and environmental policies and guidelines are followed

Ministry of Finance Manage communication and registration of PAPs; supervise compensation payment

LRRRC Manage resettlement and reintegration issues

Ministry of Public Works

Infrastructure Implementation

Environmental Protection

Ministry of Finance Ministry of Lands, Mines &



8.3 Budget

Implementation of this RAP will be financed by the Liberian Government through the MPW. Compensation will be paid directly to the affected parties by the IIU/MPW. Table 8.2 presents a budget that covers costs associated with the full implementation of this RAP.

Table 8.2: RAP Budget Summary

No Items/Activities No. Unit Total Cost

(US$) Source of Funding

1 Concrete building structures 41 428,680.00 GOL

2 Mud bricks 96 269,052.00 GOL

3 Reed/Wooden Structures 191 14,810.40 GOL

4 Mat Structures 6 5,265.00 GOL

5 Graves 9 14,800.00 GOL

6 Mud-Dubbed structure 281 196,158.00 GOL

7 Hand pump 7 25,200.00 GOL

8 Well 11 2,750.00 GOL

9 Vulnerable People 21 2,625.00 GOL

10 Tenants 165 5,760.00 GOL

11 Churches 2 7,916.00 GOL

12 Businesses 24 3,250.00 GOL



13 School 1 25,740.00 GOL

14 Internal Monitoring and

Evaluation 1 2,000.00 GOL

15 Demolition 1 2,000.00 GOL

16 Farm/crops 182 92,310.00 GOL

17 Completion Report 1 500.00 GOL

18 Total 1,098,816.40

19 Contingency (1.5%) 16,482.246

1.5% for unidentified

claims, unexpected

expenses and inflation due to

delay

20 Grand Total 1,115,298.65 GOL

8.4 Implementation Schedule

The details of the RAP implementation activities are contained in the below table:



Table 8.3: Implementation Schedule

TASKS JUNE JULY AUGUST SEPT 1-7 8-

14 15-21

22-30

1-7

8-14

15-21

22-30

1-7

8-14

15-21

22-31

1-7

8-14

15-21

22-31

Sensitization and public awareness meetings with PAPs.

X X X X X X X X

Submission of RAP to MPW/IIU and WB for review & comments

X

Finalize RAP Report and submit for WB approval

X X X

Finalize list of affected people in consultation with PAPs

X X

Public disclosure

After the approval of the RAP

Consultation After the disclosure of the RAP



& Grievance resolution Photographing of PAPs for RAP Compensation

After the disclosure of the RAP

Pay compensation for eligible PAPs


Monitoring of RAP Implementation




9.0 GRIEVANCE REDRESS MECHANISM 9. 1 Introduction

Grievance redress mechanisms are essential tools for allowing affected people to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving transparency in the resettlement process. In order to fully facilitate this process in an effective manner, a number of persons from relevant institutions have been listed to serve on the grievance redress committee (see Table 9.1).

9.2 Objective of the Grievance Redress /Complaint procedure

The objective of this mechanism is to allow project affected persons (PAPs) to appeal any disagreeable decisions, practices and activities arising from compensation for land and assets. The PAPs will be made fully aware of their rights and the procedures

9.3 Grievance Redress Mechanism

Grievance related to any aspect of the project will be handled through negotiation, which will aim at achieving an amicable and consensus settlement. Affected PAPs may follow the procedures outlined below:

• Aggrieved person(s) may file in compliant to the Grievance Redress Committee, which will act on it within 15 working days on receipt;

• The Grievance Redress Committee will receive and address all complaints/ grievances from aggrieved person (s);

• and if the complaint is not resolved satisfactorily, the complainant may forward the complaint to the Internal Monitoring Committee (IMC) for resolution,

• If the IMC is unable to resolve the complaint, the complainant may forward the complaint to the MPW/IIU.

• In the event where the complainant is not satisfied with the resolution of the MPW/IIU or the MPW/IIU is unable to resolve the matter; the complainant can as a means of last resort appeal to a court of competent jurisdiction;



Please find in table 9.1 the names and functions of the key members of the grievance redress committee members.

PAP DECLARES A GRIEVANCE

GRIEVANCE COMMITTEE HEARS GRIEVANCE & RULES (HAVE 15 DAYS FROM SUBMISSION TO RESPOND)

GRIEVANCE RESOLVED

NO FURTHER

If not resolved

INTERNAL MONITORING COMMITTEE (IMC HAS 35 DAYS TO RULE ON

If not resolved

COURT OF COMPETENT JURISDICTION

GRIEVANCE RESOLVED

NO FURTHER

GRIEVANCE RESOLVED

NO FURTHER

If not resolved

MPW/IIU

GRIEVANCE RESOLVED

NO FURTHER ACTION



Table 9.1: Grievance Redress Committee Members

No Name Cell# Institution Function in Institution

Function in Committee

1

Charles Dennis 0886-5404999

EPA Senior Environmentalist

Chairman of the Committee who presides over meetings

2 David Carter 0886-693-

469 MPW Zoning Officer Zoning Officer

3 Henry Mah 06-450087 MPW Valuator Valuator

4 Rupert Taylor 06-522532 MLM&E Surveyor Land Dispute

Officer

5 Earl Neblett 06-524002 EPA Environmentalist Environmentalis

t

6 David Carter 06-525170 MPW Zoning Officer Zoning Expert

7 David L. Wiles 06-527484 IIU Environmentalist Environmentalis

t

8 PAP

Representative Kakata Member

9 PAP

Representative Weala Member



10.0 MONITORING AND EVALUATION The project has the objective to ensure that the economic condition of affected households shall not be worse than that of their situation prior to the project intervention. Basically, two types of monitoring, internal and external monitoring, will be carried out to: (i) record and assess project inputs and the number of persons affected and compensated and (ii) confirm that former subsistence levels and living standards are being reestablished.

10.1 Objectives

Monitoring and evaluation (M&E) procedures are necessary to establish the effectiveness of all resettlement activities and measures put in place to mitigate adverse socio-economic impacts from project activities. The procedures involve both internal and external monitoring actions. The monitoring exercise will aim at verifying that:

• actions and commitments described in the RAP are implemented; • eligible people and affected communities receive their full compensation prior to the start

of the project activities in the affected areas; • that the compensation measures adopted help the PAPs in restoring their lost structures

and livelihood; • that complaints and grievances lodged by PAPs are promptly followed up and, amicably

resolved as appropriate or possible. • Appropriate, changes in RAP procedures are made to improve delivery of entitlement to

PAPs. • Income and livelihood measures adopted are effective and sustainable

10.2 Monitoring Framework

The monitoring framework comprises three components:

• Internal Monitoring and Evaluation • Independent Evaluation; and • RAP Completion Audit Report.

The internal and external (expert) monitoring teams will work closely, using real-time Monitoring and Evaluation system. The internal and external (expert) monitoring will be supplemented through field visits conducted monthly, bi-annually and annually, depending on the parameters to be investigated.



10.3 Internal Monitoring and Evaluation

An Internal Monitoring and Evaluation body comprising the Ministry of Public Works, the Ministry of Lands, Mines & Energy, EPA and the Liberian Refugee Resettlement and Reintegration Commission (LRRRC) will carry out the Internal Monitoring and Evaluation. The purpose of monitoring and evaluating will be to ensure that the implementation of compensation is carried out as per plan and to take necessary, immediate corrective measures where there are lapses.

The Internal Monitoring and Evaluating Committee will ensure appropriate social screening process as well as coordination of the overall implementation of the RAP with regards to the processes of financial compensation. This Committee will carry out the following tasks:

• Collection and verification of title deeds for properties;

• Registration of legal owners of affected structures;

• Registration of affected persons indicated in the RAP;

• Preparation of cheques to beneficiaries; and

• Maintenance of appropriate financial records for all payments.

The Internal Monitoring and Evaluation Committee Basic indicators that the Program Director of IIU/MPW shall consider in monitoring will include:

• RAP Implementation timetable/schedule for structures demolition;

• Number of title deeds presented and verified;

• Number of beneficiaries on the census rooster

• Number and category of PAPs compensated;

• Accuracy and soundness of financial records; and

• Number of complaints/grievances cases filed/resolved.

An internal progress monitoring report reflecting the resettlement process will be prepared for onward submission to the IIU/MPW and the World Bank. A final report will also be prepared after completion of the resettlement exercise and submitted to both the CICO/MPW and the World Bank. The final report shall indicate:

• Project context and resettlement issues



• Detailed description of the resettlement process

• Types of different Impacts: Structures demolished or relocated, livelihood, restriction of access etc.

• The values of affected structures

• Statistics of affected people

• Status of Payment of compensation

• Highlights of challenges and difficulties encountered in implementation of the resettlement plan, and workable solutions employed

• Lessons Learnt from the RAP preparation, implementation and M&E exercise.

Table 10.1: Internal Monitoring and Evaluation Committee

No Name Position Institution Contact

1 Nicholas A. Perkins Chairman LRRRC 0886 516 337

2 Rupert M. Taylor Secretary MLM & E 0886 522 532

3 Lenin T. Dwana Member GAC

4 Charles H. Dennis Chairman, Grievance

Committee LRRRC 0886 540 499

5 Kojoe N. Ross Co-Chairman Grievance

Committee LRRRC 0886 529 703

6 Joseph Y. Forkpah Financial Secretary MPW 0886 586 346

7 Albert K. Peters Internal Auditor MPW 0777 516 216

8 David L. Wiles Environmentalist/Coordinator IIU/MPW 0886 527 484

9 Rosetta B. Cholopray General Auditor GAC



10 Sebastain Weah Property Valuator MOF 0777240560

11 Stephen K. Kolee Safeguard Officer IIU/MPW 0886 608 763

10.4 Performance Monitoring Indicators

These indicators measure inputs, outputs, and outcome relative to the resettlement activities. The indicators shall include:

• Number and categories of affected people compensated;

• Adherence to schedules for compensation as stated in the summary Table of the RAP

• Resolved cases of complaints and grievances by the Grievance Committee

• Accuracy of payment records of the RAP Compensation Committee

10.5 Impact Monitoring

In order to follow up on the impacts that will be caused as a result of the resettlement action on the affected communities and those that will be caused as a result of the road rehabilitation work, a monitoring mechanism will be set up and implemented by the Internal Monitoring & Evaluation Committee, comprising of representative from the relevant agencies of government. The monitoring will cover among other things the living condition of the affected people after they have been resettled whether their condition is the same as before, better off or worse off. Impact on the safety of the road, noise and dust, water pollution, etc. will also be conducted.

10.6 Completion Audit

A completion audit will be conducted by an independent consultant at the end of the RAP implementation activities in order to assess the extent to which the established RAP objectives were achieved, the challenges encountered during the implementation and the lessons learnt.



10.8 Reporting

The Evaluation Report will be submitted to the Government of Liberia (through the IIU/MPW) and the World Bank. The Internal Monitoring and Evaluation Committee will also report to the IIU/MPW for onward submission to the World Bank.

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