resettlement action plan monitoring report 1

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RESETTLEMENT ACTION PLAN SHALA NEIGHBOURHOOD HADE PROJECT KOSOVO MONITORING REPORT 1 Prepared for: CLRP-AF Project Monitoring Unit, Ministry of Environment and Spatial Planning Prepared by: rePlan Inc. April 2014

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Page 1: RESETTLEMENT ACTION PLAN MONITORING REPORT 1

RESETTLEMENT ACTION PLAN SHALA NEIGHBOURHOOD

HADE PROJECT KOSOVO

MONITORING REPORT 1

Prepared for: CLRP-AF Project Monitoring Unit, Ministry of Environment and Spatial

Planning

Prepared by: rePlan Inc.

April 2014

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Monitoring Report #1 Shala Neighbourhood Resettlement

April 2014 rePlan

Table of Contents

1 BACKGROUND & KEY FINDINGS..................................................................................................................... 1

2 MONITORING ACTIVITIES .............................................................................................................................. 3

3 STAKEHOLDER ENGAGEMENT ....................................................................................................................... 3

3.1 Concerns/Grievances .................................................................................................................... 4

3.2 Effectiveness of Engagement Activities ........................................................................................ 4

3.3 Stakeholder Engagement Recommendations ............................................................................... 5

4 ENTITLEMENTS .............................................................................................................................................. 6

4.1 Compensation for Lost Assets ....................................................................................................... 6

4.2 Transitional Support/Rental Allowance ........................................................................................ 6

5 SITE DEVELOPMENT & PLOT ALLOCATION ..................................................................................................... 7

5.1 New Shkabaj Infrastructure Development ................................................................................... 7

5.2 Plot Allocation ............................................................................................................................... 8

5.3 Property Deeds ............................................................................................................................. 8

6 APPROVALS/PERMITTING & CONSTRUCTION ................................................................................................ 9

6.1 Construction Permits .................................................................................................................... 9

6.2 Status of Construction Works ....................................................................................................... 9

7 RELOCATION/OCCUPATION ........................................................................................................................... 9

7.1 Moves ............................................................................................................................................ 9

8 WELL-BEING ................................................................................................................................................ 10

8.1 Access to Education .................................................................................................................... 10

8.2 Health Status ............................................................................................................................... 10

8.3 Income Status ............................................................................................................................. 10

8.4 Well-being Recommendations .................................................................................................... 10

9 FOLLOW-UP ON PREVIOUS RECOMMENDATIONS ....................................................................................... 11

10 RECOMMENDATIONS .................................................................................................................................. 12

11 PLANNED ACTIVITIES DURING NEXT REPORTING PERIOD ............................................................................ 13

ANNEX A .............................................................................................................................................................. 17

Recommendations Matrix ...................................................................................................................... 17

ANNEX B .............................................................................................................................................................. 18

Monitoring Summary .............................................................................................................................. 18

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Monitoring Report #1 Shala Neighbourhood Resettlement

April 2014 rePlan 1

1 Background & Key Findings The resettlement of the Shala neighbourhood, located in the village of Hade in the municipality of

Obiliq, is proposed due to the expansion of a lignite excavation field for the needs of Kosovo Energy

Corporation’s (KEK) power plant operations. Decision Nr. 10/22 of the Government of Kosovo in July

2011 regarding the expansion of the new mining field1 brought together three key stakeholders, the

Ministry of Environment and Spatial Planning (MESP), Obiliq Municipality and KEK, in a process

facilitated by the World Bank to guide the resettlement of affected households from the Shala

neighbourhood.

The Shala Resettlement Action Plan2 (RAP), approved by the Government of Kosovo in 2012, outlines the

policies and procedures to address and compensate impacts to the community and facilitate its

resettlement, including compensation for affected assets and livelihoods, the provision of replacement

plots and ongoing monitoring and assistance activities before, during and after relocation. The RAP was

developed in line with Kosovo legislation and international standards (e.g. World Bank safeguard

policies) and in close collaboration with project affected people (PAPs), government stakeholders, both

at the central and local level, as well as international organizations. The Government of Kosovo has fully

endorsed the Shala RAP as well as the Resettlement Policy Framework for the New Mining Field,3 upon

which it was prepared.

The resettlement of the Shala neighbourhood entails the physical displacement of 64 households and

impacts to residential structures, village plots, related livelihoods activities and community

infrastructure as well as the social, psychological and logistical challenges of relocation. Infrastructure

for establishing a resettlement village was planned and developed in the vicinity of Shkabaj, 10 km to

the east, for households that elected to receive replacement land.4

To ensure effective implementation of the Shala RAP, rePlan has been commissioned to prepare

monitoring and evaluation reports. The monitoring and evaluation process includes the reporting of key

indicators and recommendations to the implementing authorities (KEK, the Government of Kosovo, the

Municipality of Obiliq) of actions to guide the implementation of the Shala RAP. Two progress reports

will be provided during the evaluation period, between September 2013 and June 2014. rePlan will

1 Government of Kosovo, Framework for Dislocation Policies in the New Mine Field Area of the Republic of Kosovo,

Decision Nr. 10/22, 21.07.2011 2 Shala Resettlement Action Plan: http://mzhe.rks-gov.net/repository/docs/Plani_i_veprimit_per_zhvendosje-

Lagjja_ShalaHade_-_ENG.pdf 3 Resettlement Policy Framework of the Republic of Kosovo for New Mining Field: http://www-

wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2011/08/03/000333037_20110803021703/Rendered/PDF/RP11800v20P0970F0ECA0RI0P0976350RPF.pdf 4 The resettlement village will also receive eligible families resettled following an emergency evacuation of 158

families in 2004/2005 from a section of Hade immediately to the south of the Shala neighbourhood. This process is the responsibility of the Government of Kosovo and it is beyond the scope of the Shala RAP and rePlan’s monitoring and evaluation efforts.

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provide a Resettlement Completion Audit at the conclusion of this assignment. This document

constitutes the first monitoring report.

The following indicators have been identified to monitor the progress of RAP implementation.

Additional indicators will be included as part of the Resettlement Completion Audit.

Indicator # Notes

Project affected households 64

Plots allocated at resettlement village 52 of 52 As of March 14

Households still residing in Shala neighbourhood 0 As of March 14

Households eligible for rental allowance 21

Plot allocation decisions collected 45 As of March 14

Title deeds to plots at resettlement village issued 37 As of March 14

Construction permits requested and issued 25 As of March 14

Replacement houses under construction 18 As of April 18

Houses with masonry works completed 14 As of April 18

Replacement houses completed for occupation 0 As of April 18

Project affected households residing in New Shkabaj 0 As of April 18

There are several key findings identified through rePlan’s monitoring activities discussed in detail in this

report which, in some cases, will require corrective action. These key findings include the following:

1. As of April 2014, the project affected households no longer reside in Shala neighbourhood. Due

to project-related risks, 21 households agreed with KEK to temporarily relocate and began

receiving rental and living allowances starting in January 2012. The remainder are not eligible

for such allowances because technically they are outside of the risk area and could have

continued residing there. Based on rePlan’s site visits and interviews, all have moved to

temporary accommodations (privately-secured accommodations or with family). No households

have completed and moved into homes in the New Shkabaj resettlement village.

2. The KEK Board has approved payment of rental and living allowances to the end of April 2014, in

keeping with the conditions set out in the RAP.

3. The Verification Committee confirmed the adequacy of infrastructure works at the New Shkabaj

resettlement village in December 2013. Final works are underway to complete community

infrastructure and prepare the resettlement village for occupation. No obstacles remain in

terms of basic infrastructure works that should prevent replacement house construction.

4. Project affected households have made progress on the construction of replacement homes in

New Shkabaj (18 houses are under construction), after little activity up to late 2013. Obiliq

municipality has issued a larger number of construction permits (25).

5. Given the level of misinformation among project affected people and slow progress to complete

the relocation, the implementing agencies (namely MESP and KEK) should continue a regular

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program of public consultation and disclosure to motivate and guide the conclusion of

replacement house construction and relocation. An open house should be held to identify the

schedule of completed and ongoing activities at New Shkabaj and clarify and address

outstanding concerns related to utilities provision, education, etc.

6. MESP’s formal grievance management mechanism is not currently being used and should be

revived.

7. Documented evidence is lacking regarding impacts to livelihoods and all ongoing or planned

livelihoods restoration programs, a key consideration in the completion of a compliant

resettlement process.

2 Monitoring Activities In the period between October 2013 and March 2014, rePlan conducted the following activities as part

of rePlan’s assignment to monitor and evaluate the implementation of the Shala Resettlement Action

Plan (RAP):

1. Meetings with the Hade Project Office / Department for Expropriation, Ministry of Environment

and Spatial Planning (MESP) (September 2013, November, 2013, January 2014, February 2014);

2. Meetings with Municipality of Obiliq officials (including Mayor and Director of Urban Planning)

(November 2013, January 2014, February 2014);

3. Meetings with Kosovo Energy Corporation (KEK) officials (November 2013, February 2014)

4. Visits to New Shkabaj (October 2013, November 2013, December 2013, January 2014, February

2014, March 2014);

5. Visits to the Shala neighbourhood, Hade village (November 2013, January 2014, February 2014);

6. Meetings with affected household members (e.g. informal group and one-on-one meetings at

New Shkabaj and Hade village, formal community meetings) (November 2013, December 2013,

January 2014, February 2014, April 2014);

7. Meetings with the WB supervision team (February 2014) and conference call (March 2014).

The following sections outline the findings resulting from these activities. All figures are as of March

2014, unless otherwise indicated. The report concludes with an overview of recommendations for the

consideration of the RAP’s implementing agencies (MESP, KEK and the Municipality of Obiliq) as well as

rePlan’s planned activities in the reporting period to August 2014. Annex A summarizes he

recommended corrective actions.

3 Stakeholder Engagement MESP – specifically the Department of Expropriation – has been assigned the leading role in the planning

and implementation of the resettlement, including coordination of engagement activities with project

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stakeholders, namely the affected households, property evaluation, monitoring of the handover of

replacement assets and compensation, and grievance management and resolution.

In 2014, MESP hired a Public Information Officer (PIO) under the Clean Up and Land Reclamation Project

to lead day-to-day engagement with project stakeholders around the Kosovo Power Project. The PIO is

responsible for developing and sustaining an informed and effective dialogue regarding the Kosovo

Power Project’s Environmental and Social Impact Assessment process. The PIO is also expected to serve

as an accessible resource to the affected Shala neighbourhood households and is located in a Public

Information Center at the Municipality of Obiliq.

The Municipality of Obiliq has facilitated the recent process of negotiation with the affected households

regarding plot allocation and construction activities at the New Shkabaj site. The Municipality’s

Department of Cadaster is responsible for issuing proof of title deeds and reviewing and approving

construction permit applications.

3.1 Concerns/Grievances

The Department of Expropriation administered a grievance management mechanism during the RAP

planning and negotiations period, specifically addressing concerns related to asset evaluation.

Grievance management has not been prioritized in the RAP implementation phase – the Department of

Expropriation reports that grievances are dealt with informally at present and not systematically

registered and tracked.

In mid-2013, the Department of Expropriation, supported by the Municipality of Obiliq, met with

community representatives over the course of three meetings to negotiate a resolution to concerns

related to the plot allocation process (approved as decision 2878/13).

At the end of 2013, project affected households voiced concerns about the condition of infrastructure

works at the New Shkabaj site, despite approval by the Verification Committee (e.g. incomplete on some

plots, incomplete sewer connections off site). The Department of Expropriation contracted additional

works to address outstanding infrastructure gaps.

Concerns have been raised informally with rePlan regarding the rental allowance, status of off-site and

on-site infrastructure, payment for connections to the electrical grid, payment of taxes when

transferring plots and other issues identified below.

3.2 Effectiveness of Engagement Activities

As previously noted during rePlan’s September 2013 monitoring trip, affected household members state

that they lack consistent and accurate information about the status of RAP implementation. The

Department of Expropriation continues to engage PAPs as needed to advance the handover of

replacement plots and other compensation measures. Stakeholders also receive project updates by

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initiating individual meetings and phone calls with the Department of Expropriation. The implementing

agencies have also held negotiations with community representatives on such issues as plot allocation.

However, since the conclusion of RAP planning, there has been no recurrent forum open to all

community members for the sharing of project information and discussion of stakeholders’ concerns.

Communication with project stakeholders has been complicated and slowed by the varied roles and

responsibilities of MESP, KEK and Obiliq and their shifting objectives over the course of the resettlement

process. For example, the Municipality withdrew from engagement activities in the run up to local

elections in 2013. The Department of Expropriation is capable of playing the central role in RAP

implementation and related engagement. However, participation by KEK, the Municipality and other

authorities is required on an issue-by-issue basis and requires the implementing agencies to be equally

committed to the agreements set out in the RAP.

3.3 Stakeholder Engagement Recommendations

In light of the status of stakeholder engagement at present and other observations documented in this

report, rePlan recommends the following:

1. Review and disclose a schedule for completion of works at the New Shkabaj resettlement

village and relocation – As highlighted above, the implementing agencies (MESP, KEK, Obiliq)

are in frequent contact with project affected people, typically related to procedural interactions

(e.g. permit applications) and stakeholder-initiated enquiries. Often this engagement is limited

to a handful of community representatives. rePlan’s discussions with affected household

members reveal an incomplete or uneven understanding of the project’s progress and a gap in

terms of consistent project updates. As recommended in January 2014 in rePlan’s technical

note on housing construction, the implementing agencies should reengage the whole of the

affected population with an open house meeting providing a project update, clarifying that any

obstacles to construction have been removed and discussing the final steps in advance of the

move to New Shkabaj. A clear schedule for completed and upcoming steps in the development

of New Shkabaj should be provided and updated in response to concerns raised by affected

households.

2. Regularize and document stakeholder engagement activities – Subsequent to the open house,

the implementing agencies should commit to a more regular schedule of project updates

throughout the course of RAP implementation (quarterly, at a minimum). The implementing

agencies, coordinated by MESP, should maintain a documented record of these community-

wide and smaller-group engagement activities throughout the course of RAP implementation.

3. Use the formal grievance management mechanism to address stakeholder concerns – The

project’s grievance management mechanism administered by MESP during the valuation of

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affected assets should be reinstated, advertised to PAPs and used to track trends and guide

potential corrective actions.

4 Entitlements

4.1 Compensation for Lost Assets

KEK is responsible for compensation payments to affected households, disbursements of monthly

allowances to eligible households, and payments issued to sub-contractors hired by MESP who perform

construction activities at the New Shkabaj site. KEK has disbursed eligible compensation to all affected

households.

4.2 Transitional Support/Rental Allowance

Recent mine expansion and related risks directly affected 21 households, who agreed with KEK to

temporarily relocate and receive rental and living allowances starting in January 2012. The temporarily

displaced households presently reside in privately-secured accommodations or with family. Given

delays in the construction of basic infrastructure at New Shkabaj, rental allowances were in fact

provided until end of November 2013, at which point they were suspended by KEK (based on the

Decision issued by MESP that directed KEK to pay rent until end of November 2013 assuming that works

in New Shkabaj would be finished by end of July 2013).

According to the RAP, the rental allowance is to be provided “up to four months after access to

replacement plots (for construction) is given, dependent on seasonal conditions”. The MESP has

defined the “access to replacement plots” as the moment when three criteria were met (see details in

Section 5 below):

1. Plots allocation, finalized on August 2013

2. Availability of land title documentation, December 2013

3. Basic infrastructure at New Hade is ready, confirmed in report from Verification Committee of

December 10, 2013.

The 4 months of rental allowance began with the Report of the Verification Committee of December 10,

2013. In March 2014, KEK Board approved payments for rental allowance for 5 months including the

following time periods:

1. 10 days, covering December 1 to December 10, when Verification Committee Report was issued;

2. 4 months, from December 10 to April 10, after effective access to plots, as per RAP;

3. 20 days, from April 10 to April 30, to account for any potential delays in housing construction

caused by seasonal conditions, as per the RAP.

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Affected households have verbally expressed concerns related to this decision and the interpretation of

the RAP criteria for determining when the 4 months should start counting. One key determining criteria

is whether the basic infrastructure at the site by December 10 was sufficient to allow for construction to

begin. The shortcomings identified in site infrastructure at the time related to infrastructure required

for occupation of the site and did not prevent construction activities from starting. In fact, house

construction had begun by December 2013.

KEK has allowed the remaining households to continue residing in their homes in Shala until the area is

required for mining purposes. However, rePlan’s site visits to the Shala neighbourhood in late 2013

revealed that nearly all remaining households had vacated the homes on their own accord, due to

complaints regarding perceived project impacts (e.g. noise). As of rePlan’s January 2014 site visit, no

families appeared to reside in the affected neighbourhood. The majority of temporarily relocated

households – who had elected to relocate to the resettlement village – presently reside in privately-

secured accommodations or with family.

5 Site Development & Plot Allocation

5.1 New Shkabaj Infrastructure Development

Contractors completed the majority of basic infrastructure works at the New Shkabaj resettlement

village in 2013. The main road at the site is paved with asphalt and includes sidewalks. Side roads are

paved with gravel during the construction stage of homes; KEK has committed to pave each side road

with asphalt once houses are built on that road. Plots were assigned an electrical meter, along with

access to water and sanitation.

The Verification Committee, composed of KEK and MESP, confirmed the adequacy of basic

infrastructure at the resettlement site in December 2013 (Obiliq municipality representatives were

invited to participate in the committee but elected not to). Representatives of the project-affected

people were invited as observers. A site review identified outstanding infrastructure needs, including

sewage connections off site. A new contract has been signed to address any gaps in the site’s planned

infrastructure in early 2014, with further infrastructure work began in early 2014. Installation of the

sewage connection linking New Shkabaj to the sewage system of nearby communities was partially

complete as of rePlan’s March 2014 site visit and will be completed for review by the Verification

Committee in April.

According to affected household members, 15 plots did not have access to any infrastructure as of

February 2014 (water, sewage and electricity). Five of the 21 households receiving transitional

allowances have plots in this area. rePlan observed some works completed on these plots in March

2014 and was told by the contractor that works should be completed in April.

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Affected households reported during rePlan’s 2014 site visits (February and April) that electricity and

water supply at the site has been disconnected. Additional electrical substations should be completed

in April by the contractor.

The electrical and water distribution companies had requested that each household apply for

connections (paying a small fee for connection on the grid) and purchase and install individual meters.

Currently, construction workers are using generators, as they have no electricity supply. MESP has

made an official request to the electrical distribution company to clarify the situation. All resettling

households are responsible for registering with utilities providers. The 10% premium included in asset

valuation calculation and paid as cash compensation was intended to cover transaction costs of this

nature.

rePlan’s site visit also revealed households installing connections from their plots to the main sewer line

underneath the gravel secondary road. The road may be damaged if conditions are not carefully

restored by each household digging its own channel.

5.2 Plot Allocation

Fifty-two physically displaced households out of 64 from the Shala neighbourhood elected to receive

replacement plots in the New Shkabaj resettlement village. Obiliq municipality has approved the plan of

subdivision of resettlement village lands. As a result of extended consultations with the eligible

households, MESP finalized the allocation of individual plots to affected households in August 2013 via

decision 2878/13.

At least one party refused to obtain the portfolio, as a family recorded as one household unit at the time

of the census and eligibility cut-off now asserts that they are three households headed by a father and

his two adult sons. The list maintained by KEK for compensation purposes lists the family as one

household, whereas the plot allocation identifies three owners. MESP’s Department of Expropriation is

addressing this issue; however, the discussions to date with the complainants have not been

documented.

Community representatives have raised concerns related to the payment of taxes for plot transfers.

Although they do not have to pay any tax when registering their deeds, they are seeking to be exempt if

they want to exchange their plot with other families at the site.

5.3 Property Deeds

Decision 2878/13 called for all households to collect the documentation required to obtain proof of title

deeds from the municipal cadastral office in Obiliq, a prerequisite for a building permit application. As of

March 2014, 45 out of the 52 households had collected their portfolio from MESP. Six portfolios have

not been retrieved.

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As recommended by rePlan in September 2013, MESP has included a disclaimer in the household

portfolio stating that the households receiving their compensation documentation portfolios agree with

the claims in the documents they had received. The disclaimer form also permits a household to

express any objection to the negotiation package.

As of 14 March 2014, 37 households had attained proof of title deeds to plots at the resettlement village

from the Municipality of Obiliq.

6 Approvals/Permitting & Construction

6.1 Construction Permits

As of March 14, 25 out of the 52 households have applied for and received construction permits at the

resettlement village from the municipal cadastral office. The municipality is still processing additional

permit applications, which have increased in number in recent weeks.

6.2 Status of Construction Works

At the time of rePlan’s April 2014 visit to New Shkabaj, construction was underway on 18 replacement

houses, some since early December 2013. Fourteen houses were ready for interior works. This

represents progress from the situation in February when six homes were underway.

The same construction crew is building the majority of the homes. Based on an informal interview with

the workers of the construction company on 13 February 2014, they stated that they have been able to

work regularly throughout the winter, with only a few days of interruption for bad weather. This was

corroborated by one community representative who owns one of the homes being built during a

meeting with 6 community representatives, also on February 13.

According to the site visit and informal interview, it takes between 4 to 6 weeks to build foundations,

main walls and roofing.

7 Relocation/Occupation

7.1 Moves

Given the status of construction, no households presently occupy the New Shkabaj resettlement village.

As of rePlan’s April site visit, one household stated that they planned to move in to their home in

approximately one month’s time.

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8 Well-being

8.1 Access to Education

To date, no household is residing at the New Shkabaj location, therefore no children have enrolled at

the new location. Children of the Shala neighbourhood are attending schools in the communities where

their families have settled, either as a permanent solution or temporarily until they complete the house

at New Shkabaj.

In the near term, post relocation, the children of resettled households are expected to attend the

existing school in Shkabaj village until construction of a new school in New Shkabaj itself. The Shkabaj

school is under administration of the Education Directorate of Prishtinë municipality whereas children

from the Shala neighbourhood have previously attended the school under administration of the

Education Directorate of Obiliq municipality and will remain residents of Obiliq municipality. In 2014,

the relevant authorities concluded a verbal agreement on the number of children who can attend the

Shkabaj school.

8.2 Health Status

As with education, affected households are currently accessing health services near to their temporary

accommodations. The primary health care facility in Shkabaj is funded by the Health Directorate under

Prishtinë municipality. The primary health care facility in Shkabaj operates 7:00 to 15:00, with two

medical nurses and one general practitioner during weekdays.

8.3 Income Status

Planning for the 2011 RAP and individual compensation agreements included production of a socio-

economic baseline for each family. At the time, project affected households reported employing a range

of different livelihood strategies, including paid employment, casual labour, government and family

supports and complementary subsistence agriculture activities. No households reported earning income

from agricultural activities.

At the time of its public disclosure, the RAP did not include further detail regarding livelihoods

restoration programs and planning or business development supports for individuals receiving cash

compensation.

No quantitative data is available on the current livelihoods activities or income status of project affected

households. Livelihoods restoration is a priority concern of the resettlement process.

8.4 Well-being Recommendations

rePlan recommends the following:

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1. Plan for a socio-economic survey of affected households at the conclusion of the relocation –

Monitoring and evaluation activities to date, as documented in this report, have collected

quantitative data related to the progress of compensation sign-off, replacement asset handover

and construction permitting and implementation. The next phase of monitoring will continue to

document progress on these evolving indicators. At the conclusion of PAPs’ relocation to New

Shkabaj, we recommend that MESP and KEK undertake a socio-economic survey of affected

households to assess displacement-related impacts, compare with aggregate and household-

level data collected as part of the RAP’s 2011 baseline study and plan any necessary remedial

actions. The survey will be an important tool in answering outstanding questions related to the

PAP’s socio-economic well-being and future plans, including the restoration of livelihoods and

income levels, ongoing vulnerabilities and the status of households that did not elect to resettle

at New Shkabaj.

9 Follow-up on Previous Recommendations rePlan provided a Monitoring and Evaluation Implementation Plan as part of the first phase of the

monitoring and evaluation assignment, including recommendations related to stakeholder sign-off. As

outlined in Section 5 above, since September 2013, MESP has included disclaimers documenting a

household’s agreement at the time of receiving the compensation documents portfolio.

In January 2014, rePlan prepared a technical note reviewing criteria and recommendations related to

the rental allowance for temporarily displaced households. At the time, rePlan recommended that the

project’s implementing agencies:

1. Consult meteorological data from the most appropriate nearby weather station to determine

any cold weather periods in 2013-2014.

2. Document the date when each household received effective access (effective access was

determined to be 10 December 2013, the date that the Verification Committee indicated that

the basic site infrastructure was in place for construction).

3. Hold a meeting with KEK, MESP, Obiliq municipality and the World Bank to review the rental

allowance topic, agree on ‘access’ criteria, discuss perceived obstacles to advancing construction

and identify next steps to be undertaken by each organization.

4. Invite affected households to attend an open house meeting providing an update on

infrastructure works at the resettlement site, reviewing steps to acquiring title deed and

construction permit, disclosing the terms of the decision regarding rental allowances and

discussing any challenges to advancing home construction.

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As highlighted above, the Office of the General Secretary at MESP issued a request to KEK to continue

with the allowances until 30 April 2014 – taking 10 December 2013 as the official date when the

resettlement site was ready for construction access.

No open house meeting (#4 above) has been held. While it does appear that households are proceeding

with the title deed and construction permit process, several other areas of concern and uncertainty

outlined in this report merit a community-wide update and discussion.

10 Recommendations In light of the progress made on RAP implementation to date and the observations documented in this

report, rePlan recommends the following. The recommendations are outlined in the respective sections

of the report, with the exception of #6 and #7 below:

1. Review and disclose a schedule for completion of works at the New Shkabaj resettlement

village and relocation

2. Regularize and document stakeholder engagement activities

3. Use the formal grievance management mechanism to address stakeholder concerns

4. Plan for a socio-economic survey of affected households at the conclusion of the relocation

5. Prepare a government review of resettlement legislation, practices and outcomes – The Shala

resettlement is an important precedent for the country as an example of international best

practice and an early test of the Resettlement Policy Framework for the New Mining Field. The

planning and monitoring processes have revealed valuable lessons to guide future resettlement

practices, including in terms of the phasing of land take, the extent of land take (e.g. urban and

rural lands or whole communities), livelihoods restoration planning at both the community and

household level, site selection, the provision of replacement housing, negotiations procedures,

responsible parties and more. The resettlement workshop planned by MESP for May 2014 will

be a valuable forum for discussing these themes. It is important that these lessons learned and

recommendations transfer to decision-making at senior levels of government and inform

potential changes to resettlement-related legislation in Kosovo in advance of any future

resettlement process.

6. Although not included in rePlan’s monitoring contract for the Shala neighborhood, we

recommend engaging the households evacuated in 2004/2005 regarding relocation to New

Shkabaj – The 2004/2005 evacuation of residents of Hade due to subsidence risks is not part of

rePlan’s monitoring contract or World Bank’s engagement with the Government of Kosovo.

Nonetheless, given its links to the Shala RAP, the World Bank has made good-faith efforts to

monitor the process. In addition to the Shala RAP, MESP has been tasked with the resettlement

and compensation of the evacuated households. These households were eligible for

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replacement plots at New Shkabaj. Renewed engagement should include a forum with these

households updating them on progress at the site and the relocation schedule as well as formal

resolution of any grievances and an investigation of their current housing situation.

11 Planned Activities during Next Reporting Period rePlan plans to complete the following activities as part of the next phase of monitoring and evaluation

to May/June 2014:

1. Continued meetings with the Resettlement Team, Municipal Cadastral Officials and KEK Officials

and problem-solving and coordination between them;

2. Visits to New Shkabaj to observe construction progress and meet with affected households and

construction crews;

3. Community consultations, including both rePlan-led small-group meetings and formal meetings

in cooperation with the implementing agencies;

4. Documentation of project progress indicators (e.g. construction permits, construction

completions, moves);

5. Ongoing engagement with the implementing agencies, the World Bank and affected

stakeholders regarding project constraints and corrective actions; and

6. Preparation of Monitoring Report 2 by June 2014.

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Figure 1 Ongoing Construction at New Shkabaj

Figure 2 Housing with Completed Exterior

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Figure 3 Ongoing Construction at New Shkabaj

Figure 4: Ongoing Construction at New Shkabaj

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Figure 5: Connecting plots to the main sewer line

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ANNEX A

Recommendations Matrix

# Issue Action / Recommendation Deadline Responsible Party

1 Stakeholder Engagement / Construction / Relocation

Review and disclose a schedule for completion of works at the New Shkabaj resettlement village and relocation

May 2014 MESP

2 Stakeholder Engagement

Regularize and document stakeholder engagement activities

Ongoing MESP

3 Stakeholder Engagement

Use the formal grievance management mechanism to address stakeholder concerns

Ongoing MESP

4 Monitoring / Well-being Plan for a socio-economic survey of affected households at the conclusion of the relocation

December 2014 MESP / KEK

5 Resettlement Planning Prepare a government review of resettlement legislation, practices and outcomes

September 2014 MESP

6 Stakeholder Engagement / Construction / Relocation

Engage households evacuated in 2004/2005 regarding relocation to New Shkabaj

May 2014 MESP

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ANNEX B

Monitoring Summary (for public disclosure)

The resettlement of the Shala neighbourhood, located in the central municipality of Obiliq in Kosovo, is

proposed due to the expansion of a lignite excavation field for the needs of Kosovo Energy Corporation’s

(KEK) power plant operations. Decision Nr. 10/22 of the Government of Kosovo in July 2011 regarding

the expansion of Kosovo’s New Mining Field brought together three key stakeholders, the Ministry of

Environment and Spatial Planning (MESP), Obiliq Municipality and KEK, in a process facilitated by the

World Bank to guide the resettlement of affected households.

The Shala Resettlement Action Plan5 (RAP), approved by the Government of Kosovo in 2012, outlines

the process for compensating and restoring the quality of life of affected households. The RAP was

developed in line with Kosovo legislation6 and international standards and in close collaboration with

project affected people, government stakeholders and international organizations.

The resettlement of the Shala neighbourhood entails the physical displacement of 64 households and

impacts to residential structures, village plots, related livelihoods activities and community

infrastructure as well as the social, psychological and logistical challenges of relocation. Fifty-two out of

the 64 affected households have elected to receive replacement plots and build their own houses at a

resettlement village developed in the vicinity of Shkabaj, 10 km to the east.

To ensure effective implementation of the Shala RAP, the implementing authorities continue to monitor

and, as necessary, adjust the multi-phase resettlement process to safeguard the resettled households

and ensure compliance with the RAP, Kosovo law and international best practices. This document

constitutes the first monitoring report.

As of April 2014, all project affected households have vacated the Shala neighbourhood and moved to

temporary accommodations. Construction is underway on 18 houses at the resettlement site, with the

first household anticipated to move into the community in the next month. Basic infrastructure works

were completed in 2013. KEK has made all agreed compensation payments outlined in the RAP.

5 Shala Resettlement Action Plan: http://mzhe.rks-gov.net/repository/docs/Plani_i_veprimit_per_zhvendosje-

Lagjja_ShalaHade_-_ENG.pdf 6 Resettlement Policy Framework of the Republic of Kosovo for New Mining Field: http://www-

wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2011/08/03/000333037_20110803021703/Rendered/PDF/RP11800v20P0970F0ECA0RI0P0976350RPF.pdf

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The following indicators have been identified to monitor the progress of RAP implementation:

Indicator # Notes

Project affected households 64

Plots allocated at resettlement village 52 of 52 As of March 14

Households still residing in Shala neighbourhood 0 As of March 14

Households eligible for rental allowance 21

Plot allocation decisions collected 45 As of March 14

Title deeds to plots at resettlement village issued 37 As of March 14

Construction permits requested and issued 25 As of March 14

Replacement houses under construction 18 As of April 18

Houses with masonry works completed 14 As of April 18

Replacement houses completed for occupation 0 As of April 18

Project affected households residing in New Shkabaj 0 As of April 18

To advance the full and satisfactory relocation of the Shala households, the monitoring team has

recommended that MESP prioritize engagement with the project affected households, including

meetings to review the remaining steps and consult on stakeholder concerns as well as use of the formal

grievance management mechanism. The team has also highlighted the importance of conducting

evaluation of the socio-economic indicators of the affected families post-relocation to compare with the

2011 baseline conducted, assess the restoration of livelihoods and living conditions and plan any

necessary remedial actions.

The Shala resettlement is an important precedent for the country and an early test of the Government’s

Resettlement Policy Framework for the New Mining Field. Further monitoring and evaluation, including

input from project affected people and the implementing agencies, will be used to inform the laws and

practices that guide future resettlements in Kosovo.