SOMALI URBAN RESILIENCE PROJECT

P163857

Resettlement Action Plan

Mogadishu Contract B: 19 Community Roads

Date: 3rd January 2019

Authors: Dr. Yahya Y. Omar & Mrs. Desta Solomon

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PROJECT DETAILS

Project Name Somali Urban Resilience Project

Grant Number TF-A8112

Project Number P163857

Grant Recipient Federal Government of Somalia

Project Implementing

Entity

Benadir Regional Administration/Municipality of

Mogadishu

Project TTL Zishan Karim

Project Co-TTL Makiko Watanabe

Social Safeguards

Specialist

Desta Solomon

Project Coordinator Omar Hussein

Project Focal Point Mohamed Hassan

Data Assistant Nabil Abdulkadir Awale

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TABLE OF CONTENTS

LIST OF FIGURES ...................................................................................... iv

LIST OF TABLES ........................................................................................ v

LIST OF ABBREVIATIONS ....................................................................... v

DEFINITIONS ............................................................................................. vi

EXECUTIVE SUMMARY .......................................................................... ix

1 INTRODUCTION ............................................................................... 12

1.1 Project Background ................................................................................................ 12

1.2 Project Context ....................................................................................................... 12

1.3 Project Description ................................................................................................. 13

1.4 Project Components that Give Rise to Resettlement ............................................. 24

2 RAP OBJECTIVES AND METHODOLOGY .................................. 26

2.1 Objectives ............................................................................................................... 26

2.2 Methodology .......................................................................................................... 27

3 POTENTIAL PROJECT IMPACTS .................................................. 28

4 SOCIO-ECONOMIC BASELINE CONDITIONS ............................ 30

4.1 Demographic Profile of PAP Household Heads .................................................... 31

4.1.1 Gender........................................................................................................... 31

4.1.2 Age ................................................................................................................ 32

4.1.3 Education Level ............................................................................................ 33

4.1.4 Main Income Source and Average Monthly Income .................................... 33

5 LEGAL AND INSTITUTIONAL FRAMEWORK ........................... 35

5.1 Somali National Laws ............................................................................................ 35

5.2 Municipality of Mogadishu Laws .......................................................................... 35

5.3 World Bank Policies .............................................................................................. 36

5.4 Gaps between Legal and Institutional Frameworks and Bank Policies ................. 38

6 ELIGIBILITY AND ENTITLEMENT ............................................... 43

6.1 Loss of Access........................................................................................................ 44

6.2 Loss of Structure .................................................................................................... 45

6.3 Loss of Trees .......................................................................................................... 46

6.4 Vulnerable Groups ................................................................................................. 46

7 CONSULTATION AND PARTICIPATION ..................................... 47

7.1 Consultations with BRA Leadership ...................................................................... 47

7.2 Consultations with the District Administration...................................................... 48

7.3 Consultations with Community Groups ................................................................. 48

7.4 Consultations with Resettlement and Grievance Committees ............................... 50

iv

7.5 Individual Interviews ............................................................................................. 51

8 IMPLEMENTATION PROCESS AND RESPONSIBILITIES ........ 54

8.1 Project Implementation Arrangement .................................................................... 54

8.2 Implementation Process ......................................................................................... 54

8.3 RAP Implementation Responsibilities ................................................................... 55

9 BUDGET AND RAP IMPLEMENTATION SCHEDULE ............... 57

10 GRIEVANCE REDRESS MECHANISM ......................................... 60

11 MONITORING AND EVALUATION .............................................. 62

11.1 Internal Monitoring ....................................................................................... 62

11.2 External Monitoring...................................................................................... 63

12 ANNEXES .......................................................................................... 64

Annex 1: List of PAPs and Types of Loss .................................................................... 64

Annex 2: Affected Assets and Compensation Calculations ......................................... 69

Annex 3: Attendance Sheets ......................................................................................... 70

Annex 4: Official List of Grievance Redress Committee Members ............................. 75

Annex 5: Educational Achievement of Household Heads ......................................... 76

Annex 6: Main Source of Income and Average Monthly Income ................................ 78

LIST OF FIGURES Figure 1: Mogadishu Districts Map ................................................................................. 13

Figure 2: Contract B Districts and Community Roads .................................................... 14

Figure 3: Educational Achievements of PAP Household Heads ..................................... 33

Figure 4: Main Source of Income for PAP Household Heads ........................................ 34

Figure 5: Consultations with BRA Leadership ............................................................... 47

Figure 6: Consultations with District Administration ..................................................... 48

Figure 7: Consultations with Community Groups ........................................................... 49

Figure 8: Grievance Committee Members Meeting ....................................................... 51

Figure 9: Enumerators Conducting Census ..................................................................... 52

Figure 10: Grievance Redress Process ............................................................................ 60

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LIST OF TABLES

Table 1: Right of Way and Road Width .......................................................................... 25

Table 2: Types and Numbers of Affected Structures ...................................................... 29

Table 3: Gender Disaggregation of Household Heads .................................................... 31

Table 4: Age Groups of PAP Household Heads ............................................................. 32

Table 5: Gap Between Somali Laws and Bank Policy .................................................... 38

Table 6: Composition of Grievance Redress and Resettlement Committees .................. 50

Table 7: RAP Implementation Components .................................................................... 55

Table 8: RAP Implementation Responsibilities .............................................................. 56

Table 9: Breakdown of Compensation Budget................................................................ 57

Table 10: RAP Implementation Schedule ....................................................................... 58

LIST OF ABBREVIATIONS BRA: Benadir Regional Administration

FGS: Federal Government of Somalia

GRM: Grievance Redress Mechanism

IDP: Internally Displaced Person

IFC: International Finance Corporation

MOM: Municipality of Mogadishu

OP: Operational Policy

PAP: Project Affected Person

PCIP: Precast Concrete Interlocking Paving

PIM: Project Implementation Manual

PIU: Project Implementation Unit

RAP: Resettlement Action Plan

RPF: Resettlement Policy Framework

ROW: Right of Way

SUIPP: Somalia Urban Investment Planning Project

SURP: Somali Urban Resilience Project

TOR: Terms of Reference

USD: United States Dollar

WB: World Bank

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DEFINITIONS

Census A complete and accurate count of the population that will be

affected by land acquisition and related impacts. When properly

conducted, the population census provides the basic information

necessary for determining eligibility for compensation and for

preparing and implementing Abbreviated or full Resettlement

Action Plan (A/RAP).

Compensation Payment in cash or in kind for an asset or a resource that is

acquired or affected by a project at the time the asset needs to be

replaced1.

Cut-off Date The date the census and assets inventory of persons affected by

the project begins. Persons encroaching on the project area

after the cut- off date are not eligible for compensation and/or

any other type of resettlement assistance.2

Displaced Persons The people or entities directly affected by a project through the

loss of land and the resulting loss of residences, other

structures, businesses, or other assets3.

Eligibility The criteria for qualification to receive benefits under a

resettlement programme4.

Grievance Redress

Mechanism

Complaint mechanism is a locally based formalized way

through which project affected people and communities may

raise their concern directly with the project when they believe

the project has caused or may cause them harm. The Grievance

Redress Mechanism ensures that complaints are being promptly

received, assessed and resolved by those the responsible for the

project.

Host Community A host community is any community of people living in or

around areas to which people physically displaced by a project

will be resettled.

Household The term household refers to a group of people who reside

together and share in the functions of production and

consumption. It is also the smallest unit of consumption, and

sometimes production.

Household Head For purposes of a census, the household head is considered to

be that person among the household members who is

1 IFC Handbook for Preparing a Resettlement Action Plan, Undated

2 World Bank Operational Policies (OP 4.12)

3 Ibid

4 Ibid

vii

acknowledged by other members of the household as the head

and who is often the one who makes most decisions concerning

the welfare of the members of the household.

Involuntary

Resettlement

Direct economic and social impacts that both result from

investment projects, and are caused by:

(a) The involuntary taking of land resulting in

(i) relocation or loss of shelter;

(ii) loss of assets or access to assets; or

(iii) loss of income sources or means of livelihood, whether or

not the affected persons must move to another location; or

(b) The involuntary restriction of access to legally designated

parks and protected areas resulting in adverse impacts on the

livelihoods of the displaced persons5.

Involuntary Means actions that may be taken without the displaced person’s

informed consent or power of choice6.

Land Acquisition The process of acquiring land under the legally mandated

procedures of eminent domain.

Livelihood

Restoration

Livelihood Restoration means the measures required to ensure

that Project Affected Persons (PAPs) have the resources to at

least restore, if not improve, their livelihoods. It requires that

people are given the means and assistance necessary for them to

improve, or at least restore, their livelihood and living conditions

to pre-project levels. Inventory of Losses means the pre-

appraisal inventory of assets as a preliminary record of affected

or lost assets.

Project Affected

Person (PAP)

Project Affected Persons are persons on whom the project has a

direct economic and social impact. The impact may be caused

by the involuntary taking of land resulting in;

a) relocation or loss of shelter;

b) loss of assets or access to assets;

c) loss of income sources or means of livelihood whether or not

the person should move to another location; or

d) by the involuntary restriction of access to legally designated

parks and protected areas resulting in adverse impacts on the

livelihoods of the displaced persons7.

5Involuntary Resettlement Sourcebook, Planning and Implementing in Development Projects, 2004 World Bank

6 Ibid

7Ibid.

viii

Replacement Cost Full market value for replacing lost assets, plus transaction costs.

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, plus

the cost of preparing the land to levels similar to those of the

affected land, plus the cost of any registration and transfer taxes.

For land in urban areas, it is the pre-displacement market value

of land of equal size and use, with similar or improved public

infrastructure facilities and services and located in the vicinity

of the affected land, plus the cost of any registration and transfer

taxes. For houses and other structures, it is the 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. In determining replacement cost,

depreciation of the asset and the value of salvage materials are

not taken into account, nor is the value of benefits to be derived

from the project deducted from the valuation of an affected

asset. Where Somali law does not meet the standard of

compensation at full replacement cost, compensation under

domestic law is supplemented by additional measures so as to

meet the replacement cost standard.8

Resettlement Resettlement covers all direct economic and social losses

resulting from land taking and restriction of access, together

with the consequent compensatory and remedial measures9.

Resettlement

Action Plan

A resettlement action plan is the planning document that

describes what will be done to address the direct social and

economic impacts associated with involuntary displacement.

Resettlement

Entitlements

Resettlement entitlements with respect to a particular eligibility

category are the sum total of compensation and other forms of

assistance provided to displaced persons in the respective

eligibility category.

8 Ibid

9Ibid.

ix

EXECUTIVE SUMMARY

After more than two decades of conflict, Somalia’s capital city Mogadishu is on a path of

rapid recovery seeing considerable investments in its infrastructure. One of these

infrastructure investments is through the Somali Urban Resilience Project (SURP) funded

through the country’s Multi-Partner Fund (MPF) that is managed by the World Bank

(WB). SURP is currently being implemented by the Municipal governments of

Mogadishu and Garowe. It is envisioned that the project will eventually be rolled out to

other parts of the country such as Baidoa and Kismayo. In Mogadishu the SURP entails

the rehabilitation of 19 existing community roads in 7 of the city’s 17 districts covering

a total of 7 Kilometers (KM). Some of the roads are situated in populated areas and have

been partly encroached upon. SURP will lead to the involuntary displacement of 134

persons, who have encroached into the right of way (RoW). This has triggered WB

Safeguards Policy OP 4.12 designed to mitigate social and economic impacts that may

result from involuntary taking of land or involuntary restriction of access to property

whether legal or illegal. This policy requires the preparation of a resettlement action plan

(RAP) that includes compensation mechanism and entitlements. The Benadir Regional

Administration has budgeted USD 39,851.86 to cover compensation costs. The project

affected persons (PAPs) and potential losses were identified during a census and

registration of assets announced on the 5th of July 2018 and carried out between August

6, 2018 and October 29, 2018. The cut-off date was announced in the local district

headquarters and posters highlighting the date were put-up in each of the 19 roads.74

temporary standalone iron sheet structures comprising of 48 kiosks, 15 homes, one kiosk

cum home, 8 IDP latrines and 2 Islamic schools will be removed from the RoW. 3 papaya

trees that have also encroached upon the RoW will also be removed. In addition to this,

67 street vendors will suffer temporary loss of access. Compensation levels for all the

structures are full replacement cost derived from actual current market value of the

property as well as labor, and transport costs. The PAPs are also provided with the right

to salvage materials without deduction from their compensation. The 67 street vendors

and 48 Kiosk owners will be provided with cash compensation for their loss of income.

Kiosk owners will lose income hence will be provided with cash compensation equivalent

to one month of their lost income. The street vendors will suffer temporary loss of income

thus receiving cash compensation worth 50% of their estimated monthly income. In

x

addition, the kiosk owner and vendors will be offered employment opportunities to do

PCIP installation and repair training from the contractors to supplement their income.

This arrangement is based on an MoU to be signed between the BRA and the contractor.

In addition to this, the street vendors will be provided with alternative temporary space to

operate from in adjacent streets. The provision of these spaces has been agreed upon with

both the district commissioners and the municipal services. The kiosk owners will also

have similar opportunity as long as they use tables like the vendors. The BRA is currently

considering options for a more sustainable solution for housing the PAPS and vulnerable

persons losing their residential households. The construction of these two roads will only

begin after a more permanent alternative housing is made available for the PAPs. The

social and environmental safeguards in the PIU will follow up closely with the BRA and

inform the Bank on the resolution of the problem. Vulnerable families comprising six

orphan children, 4 disabled persons, three severely ill and one-person past retirement age

will receive additional assistance to cover 6 months of rent. Out of the 19 roads, the two

roads where vulnerable people need to be relocated are Madbacada Road and Sharif

Abow Road in Shangani district.

For the community facilities, madrasas will receive cash compensation at full replacement

cost for the entire structure. In addition to this, it has been agreed with the local elders

that learning will continue to take place at two nearby mosques thus eliminating the need

to commute for the learners. The IDP latrines will be moved to adjacent space, identified

by the IDPs, outside the RoW. In order to allow continued use, the municipal contractors

will be instructed to move two latrines at a time. In addition to replacing the currently

eroded iron sheets, a hand wash facility will also be built for the IDPs. A grievance redress

committee and a resettlement committee has been set up in each of the 7 districts to give

the residents and the PAPs a proper channel through which their concerns can be

addressed. During the implementation of this RAP regular monitoring will be carried out

through both internal and external monitors. This RAP is divided into 10 sections. Chapter

1 provides an overview of project context, description of the project and describes the

project components that give rise to resettlement. Chapter 2 outlines the objectives of the

RAP and the methodology used in its preparation while chapter 3 describes the potential

project impacts. Chapter 4 provides the socio-economic baseline condition and Chapter

5 analyzes applicable laws and policy framework. Chapter 6 offers a description of the

xi

eligibility and entitlement to compensation whereas Chapter 7 elaborates on the process

for consultation, participation, and disclosure. Chapter 8 provides an overview of the

Project implementation arrangements and process, and the different roles and

responsibilities in the implementation of the RAP. Chapter 9 describes the grievance

redress mechanism while Chapter 10 presents the RAP budget and implementation

schedule. Finally, Chapter 11 describes the arrangements that have been put into place

for the monitoring and evaluation of the RAP implementation.

12

1 INTRODUCTION

1.1 Project Background

The Somali Urban Resilience Project (SURP) is an infrastructure and governance development

project aimed at improving access to socio-economic infrastructure and strengthening

municipal governance in Somalia. The Project also aims to strengthen inter-governmental

relationships between the federal government, regional states and municipalities. It is intended

that the SURP will also strengthen the state-citizen relationship and the government’s

legitimacy in the eyes of its people by providing visible and tangible benefits. The Project is

thus as much about urban resilience as it is about peace building and institution building. SURP

builds on the preparation work carried out under World Bank’s ongoing Somalia Urban

Investment Planning Project (SUIPP). SUIPP financed institutional assessments, feasibility

studies and engineering design work for urban investments in Mogadishu, Hargeisa and

Garowe municipalities; institutional assessment of Hargeisa Water Agency and the Ministry of

Public Works at the federal level; and helped to set up Project Implementation Units (PIUs)

and build fiduciary, safeguards, project management, and monitoring and evaluation capacity

of the PIU staff based at these municipalities. The SUIPP carried out feasibility studies and

preliminary engineering designs for 4 primary urban roads (17km in length) and 47 secondary

roads (34km in length) across Mogadishu’s 17 districts; 30 km of secondary roads and 2 bridges

in Garowe; and a solid waste management facility and an anaerobic pond liquid waste

management system in Hargeisa. Due to funding limitations the initial interventions will begin

in Mogadishu and Garowe. However, the Federal Government of Somalia has made it explicit

that it wants this project to be of national scale. In Mogadishu SURP begins with the

construction of 19 community roads in 7 districts taking up to 12 months. There is a possibility

of extending SURP to include the rehabilitation of the other community roads studied during

SUIPP subject to the availability of funding.

1.2 Project Context

Mogadishu is the capital and most populous city in Somalia with an estimated population of

nearly 2 million inhabitants. Located in the Benadir region, this port city is among the oldest

cities along the Indian Ocean cost of Africa. The city is comprised of 17 districts (Figure 1)

whereby the old port districts of Hamarweyne, Hamarjajab, and Shangani are the earliest

settlements. After being mired in more than 2 decades of conflict the city has recovered and is

13

undergoing through rapid reconstruction. Each of the districts has a district headquarters and

a police station; however, the provision of public services such as education and health are

limited and mostly dominated by the private sector.

Figure 1: Mogadishu Districts Map

1.3 Project Description

The 47 community roads studied under SUIPP have been grouped into three different packages,

A, B, and C to allow for a systematic approach in their rehabilitation (Figure 2). During this

phase of SURP only 19 community roads will be rehabilitated.

14

Figure 2: Contract B Districts and Community Roads

The 19 roads in package B are located across 7 districts. The layout of these districts does

considerably vary, most notably Hamarweyne district, considered to be the oldest part of

Mogadishu, is mainly comprised of old concrete buildings and characterized by its narrow

roads and alleys. Most of the district’s residents are descendants of merchants from Arabia,

Portugal and Persia who settled in the area. Hamarweyne is home to many small businesses

and Suuqa Xamar Weyne, one of the largest markets in the city. Three roads will be

rehabilitated in Hamarweyne district: Iskool Xamar Weyne, Cadeyga, and Ex-Post Road.

15

Iskool Hamarweyne road is located in a populated commercial cum residential area.

The road starts from an intersection with an asphalted road, Via Roma, and ends at

an asphalted road (Philippine road). The road provides access to the main market,

Suuqa Hamarweyne, and Hamarweyne Secondary School. The buildings are a

mixture of old single and multistory made of concrete.

Cadeyga road is located in a populated residential area passing along the center of

the old city. Cadeyga road starts from an intersection with Ex-Post Road and ends

at an asphalted road that leads to Martini Hospital. There is an unused old sewage

network infrastructure installed on the road.

Ex-Post road is located in a populated residential area opposite old ruins. The road starts

from an intersection with an asphalted road (Ministry of Finance road) and ends at an

unpaved road. Most of the buildings are old stones and concrete or blocks and concrete

with the presence of a few modern buildings. Majority of buildings are multistory. An

electricity network is installed with electricity poles alongside the road. There are old

16

sewage and water supply networks infrastructure installed on the road. This road is

home to 800 years old, Masjid Jamee.. OP4.11 requirement will be followed during the

road construction for this section.

Unlike Hamarweyne, Abdiaziz district is much younger, less densely populated and is mostly

residential in nature. This district is home to the city’s beach facilities, particularly the famous

Lido beach. Two roads being constructed in Abdiaziz are Agoonta and UNDP roads.

Agoonta Road is located in a populated residential area and ends at an unpaved road

near a stadium gate. The road is connected with a road leading to Beach Road. It leads

directly to the gate of the stadium and passes by a police department and the district

office. Furthermore, it is used as an alternative road in case the main road is blocked.

Houses are made of concrete blocks. Moreover, there are walls which are also made

of concrete blocks.

UNDP Road is located in a scarcely populated residential area and starts from an

intersection with an unpaved road in Benaadir neighborhood and ends at a paved road

(Bandar Qasim Road) near Salaly Hospital. Most buildings are modern style buildings

including villas and buildings built with concrete blocks.

17

Shangani district is located between Hamarweyne

and Abdiaziz Districts and is characteristically a

mélange of the two districts in terms of its layout and

social composition. The district has five roads being

rehabilitated: Madbacada, Degmada, Ceymiska,

Sharif Abow and Todobatan iyo Talo.

Madbacada road is located in a sparsely populated area but contains the former

national printing press building which is home to nearly 90 IDP families. Along the

road there are some iron sheet structures that are used as homes. The road starts from

an intersection with an asphalted road (Todobatan iyoTalo Road) nearby the former

national press building and ends at an asphalted road (Fiisho Trafiko Road).

Degmada road is located in a populated

residential area and ends at the door of

the Shangani district headquarters. In

addition, the road intersects with four

unpaved footpaths. Most of the

buildings are old made of stones or

blocks.

18

Sharif Abow Road is located in a populated residential area. It starts from an

intersection with an asphalted road (Todobatan iyoTalo road) in front of the former

national printing press building and ends at an asphalted road. Many old building

destroyed during the war are located on this road.

.

Located in a populated residential area, Ceymiska starts from an intersection with an

asphalted road (Fiisho Trafiko Road). The road serves the neighborhood buildings

and there is a public square at the middle of its first section

19

Todobatan Iyo Talo road is located in a populated residential area. The road starts

from an intersection with an asphalted road nearby the building of district office and

ends at an asphalted road (Todobatan road) nearby the National Press building. In

addition, the road intersects with 12 unpaved roads. Most of the buildings are old

made from stone.

The other district along the coast is HamarJajab, home to the port and is also one of the oldest

districts in the city. This district is mostly comprised of low-income households who make

their living through manual labor. It is also home to the famous, Iskool Bolisio, Somalia’s

police academy. The houses in Hamar Jabjab are old but not as old as Hamarweyne. In Hamar

Jajab three roads will be renovated: Wikiyo/Simad, Iskool Hamar Jajab, and Fartaag Road.

Wiikiyo/Simad is located in a poor populated residential area and starts from an

intersection with an asphalted road (Uganda road) nearby SIMAD University and ends

at another asphalted road (Cairo road). The road is a zigzag type road and intersects

with many unpaved small roads. The road is considered part of the old city and passes

through one of the oldest neighborhoods in Mogadishu. The road serves many of the

public facilities such as a mother and child health center, a mosque and a madrasa. The

road also passes through a local once a week market.

20

Iskool Hamar Jabjaba Road is located in a populated poor residential area and has a T-

shape; the first part extends from east to west. The first road part starts from an

intersection with an asphalted road (Uganda road) near HamarJajab School. The road

is directly linked to the network of the main roads in the city. The road serves the

neighborhood and homes surrounding it and directly connects to the largest school in

the district, HammarJajab Secondary School. Most of the buildings are old and made

from concrete block with tin roofs.

Fartaag is an L shaped road located in a populated poor neighborhood passing through

old buildings. The road serves many public buildings such as SIMAD University, old

mosque, Hamar Jajab Schools, and health centers. Many of the buildings are old,

made from concrete block andiron sheet roofs.

The three remaining districts, Warta Nabada (previously, Wardigley), Bondheere, and

Hawlwadaag have varying levels of similarities and differences. Bondheere is adjacent to the

country’s statehouse and it is the poorest district in the city. This district is very susceptible to

flooding. During the rainy season many homes are vacated in fear of drowning. During every

21

rainy season life is lost due to flooding. The houses in the district have also been severely

affected by soil erosion and it is common to see high levels of soil deposits in some areas of

the district reaching up to the window level of other houses.

Binti Foodey Road is located in a populated poor residential area. Most of the buildings

are made of iron sheet and there a few old houses built from concrete block. There is

Om Al-Qura school compound at the beginning of the road. There are also remnants

of buildings along both sides of the road as well as many trees. Rainwater collects at

two locations and drains through very narrow corridors between the houses which

leaves the area prone to flooding.

.

22

Daaf Aleeley is located in a populated residential cum commercial area mostly

inhabited by the poor with a few of them in middle-class. Most of the houses are made

of iron sheet with a few modern buildings. The road starts from an intersection with

an asphalted road and ends at security barriers that completely block the road next to

a Minister’s residence. The road is characterized by a severe decline and there are

many encroachments from courtyards, built with iron sheet and block, on both sides

of the road. There is also significant drainage overflow from the houses onto the road.

Warta Nabada District is home to middle class residents who are mostly involved in business.

Compared to the other six districts, Warta Nabada is the longest extending from the middle

part of the city to the industrial area at the city perimeter. This district is also home to the

country’s largest stadium and most of the factories in Somalia. Warta Nabada has two roads

being renovated: Mire Ali Buubal and Garoonka Minishibiyo.

.

Garonka Minishibiyo Road is located in a populated residential near the municipal ground

and starts from an intersection with an asphalted road (Wadnaha road) and ends at an

unpaved road (Mahamud Harbi road). The road serves the neighborhood buildings, which

are a mixture of old concrete blocks and a few of modern houses

23

Mire Ali Buubaal Road is located in a populated residential area. The road starts from an

intersection with an unpaved road in front of the District Office and ends at an asphalted

road (Wadnaha road). In addition, the road intersects with many unpaved roads. The road

serves many public buildings such as district office, central market of the district, a

mosque and two schools. There is a mixture of old and new buildings located on road.

Hawlwaadag is home to one of the largest markets in East Africa, Suuqa Bakaaraha. The

district is properly laid out and most of its roads are broad. Outside of the market area, the

community is mostly of middle income. Only one road, Ceel Garweyne, will be rehabilitated

in Hawlwadaag District.

Ceel Garweyne is located in a populated middle-income residential area. The road

starts from an intersection with an asphalted road (Wadnaha Road) and ends at an

unpaved road, which links Dabka and Bar Bulsho divisions of the district. Most of the

buildings are modern, made from concrete blocks with reinforced concrete roofs. The

eastward side has empty areas some of them fenced with walls.

24

All roads in this component will be constructed using precast concrete interlocking paving

blocks with properly compacted sub-base and base materials. Such roads have two key

advantages: (i) it is labor intensive and will provide short term income generation opportunities

for communities; and (ii) it would allow communities to maintain and repair the roads with

minimal training and support. The construction of the 19 roads will be phased in and is expected

to take 245 working days. All roads have inverted block concrete open side drainage catered

for in the detailed engineering designs.

1.4 Project Components that Give Rise to Resettlement

This RAP is prepared for the resettlement resulting from the rehabilitation of these 19 existing

roads with a combined length of 7 KMs. These 19 roads along with all the other roads studied

under SUIPP were chosen by community members in 2016 during the planning phase of the

project. The roads were prioritized by the community based on aspects such as connectivity

and proximity to service facilities. Roads that would lead to high numbers of displacement

were dropped from the list and alternatives identified by the community. One of the main

challenges being faced in the rehabilitation of these roads is the lack of properly defined

carriage way and the absence of drainage. The width of the existing roads varies from 2m to

20m and only up to 6m would be renovated for each road (Table 1). The existing road width

would be considered as the right of way. Although this has helped minimize the impact, there

are some structures within the narrowly defined right of way that will be impacted by the

rehabilitation of the roads. Small kiosks and street vendors will also be affected.

25

Table 1: Right of Way and Road Width

District

Name No. Road Name

Exis

ting W

idth

Pro

pose

d W

idth

Abdia

ziz 1 1- Agoonta Road 20 6

2 2- UNDP Road 16 6

Bondher

e

3 1- Binti Foodey Road 8-10 6

4 2- Isbitaalka Jarmalka Road 7-10 6

5 3- DaafAlleeley Road 8-10 6

Ham

mar

Jaja

b

6 1- Wiikiyo (Simad) 4-16 4-6

7 2- Xamarjajab Street 7-10 6

8 3-Fartaag 5-7 5-6

Ham

arW

eyn

e

9 1- Ex-post Road 7.5-10 2.5-7.5

10 2- HamarWeyne School Road 2-10 2-6

11 3- Cadeyga Road 3.5-9.5 2-6

Haw

lWa

daa

g 12 1- CeelGarweyne 14-16 6

Shan

gan

i

13 1- Madbacada Road 16 6

14 2- Sharif Abow Road 3-15 3-6

15 3- Ceymiska Road 3-15 3-6

16 4- W. Degmada Road 3-5 3-5

17 5- TodobataniyoTalo Road 3-5 3-5

War

ta

Nab

ada

18 1- GaroonkaMinishibiyo 20 6

19 2- Mire Ali Bubal 20 6

Given the scale of the project and the small width of some of the roads camp sites will be

established in the less populous roads that have large empty spaces. Currently identified

locations are in UNDP road in Abdiaziz district near the district headquarters. The construction

materials will be sourced from currently existing licensed quarry sites in Kaaraan district.

26

2 RAP OBJECTIVES AND METHODOLOGY

2.1 Objectives

The key objective of this RAP for SURP Mogadishu Contract B is to provide an agreed plan

for the resettlement and compensation of Project Affected Persons (PAPs). This will ensure

that the Project has net positive impact on the PAPs’ socio-economic conditions and livelihood,

and that PAPs been affected by loss of residential and business structures, and loss of income

are able to improve or at least restore their income, livelihood and standards of living after

resettlement. The plan provides a road map for resettlement and compensation issues in line

with the national laws and the WB policy on involuntary resettlement OP 4.12. The specific

objectives of the RAP are to:

a) Identify project affected persons, eligibility for compensation, and entitlements;

b) Establish valuation method and rates for compensation on losses;

c) Develop a plan for compensation process and establish a grievance redress

mechanism;

d) Implement resettlements measures that in compliance with WB OP 4.12 and Somali

legislations;

e) Provide timely notice and fair compensation, with the ultimate goal that all project-

affected persons would be compensated at least to restore their pre- project living

standard levels;

f) Develop mitigation measures to ensure that the affected people are not worse off as a

result of the project and at least their livelihoods are restored to that of before the

project;

g) Engage PAPs and communities to gain understanding of project objectives and

impacts;

h) Involve PAPs and other stakeholders in developing a plan for compensation for lost

assets;

i) Provide information that will be used to implement the resettlement plan; and

j) Outline institutional arrangements for the implementation of the RAP

27

2.2 Methodology

The following methodology was employed to develop the RAP:

1. Review of project documents and secondary sources regarding the project area;

2. Public consultation with communities living around the project areas and consultation

with PAPs to communicate the purpose of the project, explain the process for the

preparation of the RAP and for identifying the main concerns and proposed mitigation

measures. Stakeholders identified by the project were also informed about the project

and their respective roles and responsibilities were clarified; and

3. Focus groups discussions and individual interviews were conducted to generate

qualitative and quantitative data used in the preparation of this report.

28

3 POTENTIAL PROJECT IMPACTS

The rehabilitation of the 19 community roads will have more beneficial impacts than negative

impacts both during and after SURP implementation. Poor and marginalized members of the

community and IDPs will benefit from short-term employment opportunities. It is estimated

that approximately 22,000-person days of labor would be generated from employment of

approximately 330 people in the rehabilitation of the targeted community roads. It is also

envisaged that the prospects of local procurement will improve local businesses and further

enhance the local economy. Moreover, the project will support the formation of maintenance

committees within each district to supervise and mobilize the community for necessary

maintenance and repairs. The inclusion of women in the different committees set up for the

implementation of this project will increase their status, empower them and make them part of

the decision makers. Other potential positive impacts include:

• Improved connectivity between and within Mogadishu’s districts and

betterment in access to services;

• Minimization of the likelihood of localized flooding and removal of breeding

grounds for mosquitoes due to installation of roadside drainage;

• Improved safety and security resulting from the installation of solar street lights

and speed calming measures; and

• Curbing of topsoil erosion by both wind and water.

The Project also has potential adverse impacts. Three categories of loses were identified during

the census and asset registration: loss of 74 standalone iron sheet structures that have

encroached upon the right of way, loss of income; and loss of 3 papaya trees. The 74 standalone

iron sheet structures that have encroached upon the RoW comprises of: 48 kiosks, 15 homes,

one kiosk cum home, 8 IDP latrines and 2 madrasas ( Table 2). Loss of income will be

experienced by the 49 kiosks owners and 67 street vendors with portable wooden tables, selling

mixed items including snacks, cigarettes and fizzy drinks. Overall income loss ranges from an

average monthly income of USD 70 to USD 300.

29

Table 2: Types and Numbers of Affected Structures

Structure Size

(meters)

Residential Kiosk Mixed Community Total

1.5X1.5 0 0 0 8 8

2 X 2 4 46 0 0 50

2X3 1 0 0 0 1

3X3 4 1 1 0 6

4X2 1 0 0 0 1

4X5 4 1 2 7

4X6 1 0 0 0 1

Total 15 48 1 10 74

Other potential adverse impacts include:

• Temporary restriction of access to the road during construction period;

• Labor influx; and potential security risk due to presence of machinery;

• Flooding during construction;

• Health and safety risk to residents and road users resulting from use of

machinery, waste piles, dust and noise during construction

30

4 SOCIO-ECONOMIC BASELINE CONDITIONS

Mogadishu is one of the main economic hubs along the East African coast of the Indian

Ocean. The city’s economy is driven by trade, mostly imports, with Asia. The list of

imports that is supplied to the hinterland of Somalia and in some cases to Ethiopia and

Kenya includes food items, textile and clothing, and spices. The main source of income

for majority of Mogadishu residents is small scale business involving the sale of food

items. Employment in the public sector continues to increase as working conditions and

salary levels become more acceptable to the city’s residents. The construction industry

is booming and there are many new multi-storey commercial buildings and apartments

being built in the city. In Mogadishu women are mostly employed as maids or household

help. However, there continues to be growth in the number of women working in the

public sector. The telecommunication sector along with financial services is also part of

the main drivers of the city’s economy. Traditional public services such as education and

health are dominated by the private sector who have been filling the gaps since the

collapse of Siad Barre’s government more than a quarter of a century ago.

As described in section 1.4 the existing road width is considered as the right of way and

any person with an asset or undertaking economic activities in the right of way is

considered as a PAP. Specifically, any individual who risks losing land, property or

investments made on land or property, livelihoods and/or access to natural and/or

economic resources as a result of a SURP subproject is considered as a PAP. This could

be persons with residential structures, small kiosks/businesses and street vendors. Any

household with an affected individual is categorized as project affected household. Also

considered as project affected are community assets and facilities that are impacted upon

by SURP.

The total number of persons to be affected by SURP is 134 These 134 persons comprise

of 49 kiosks owners, 67 street vendors, 16 temporary home owners, one papaya tree

owner and 2 care takers of a madrasas and IDP latrines. In establishing the demographic

profiles of PAP household heads, an asset inventory and census were carried out in all the

31

community roads between August 6, 2018 and October 29, 2018. The cut-off date was

agreed with PAPs to be the date of the census.

4.1 Demographic Profile of PAP Household Heads

4.1.1 Gender

Most of the household heads were identified as being female. Out of the total 134

surveyed, 53 were identified as being male and 81 as being female (Table 3).

Table 3: Gender Disaggregation of Household Heads

Road

Male Female

Head of Household Head of Household

Abdiaziz District

Agoonta 1 2

UNDP 0 0

Bondheere District

Binti Fodey 5 9

Isbitaalka Jarmalka 3 3

Daf Aleeley 5 1

Shangani District

Madbacada 10 3

Sharif Abow 3 9

Ceymiska 0 0

wadada Degmada 2 1

Todobatan Iyo Talo 0 0

Hawlwadaag District

Ceel Garweyne 1 13

Warta Nabada District

Mire Ali Buubal 3 9

Garoonka Minishibiyo 4 8

Hamar Jabjab District

Simad/Simad 5 8

Fartaag 0 3

Hamarjabjab 0 3

Hamar Weyne District

Iskoolka XamarWeyne 2 2

Cadeyga 6 3

EX-Post 3 4

32

The highest number of households identified as being female headed were on Ceel

Garweyne Road in Hawlwadaag District where only one out of 14 households were

identified as being headed by a male. One explanation for this is the sub-culture within

the district where women are more empowered and consider themselves to be household

heads. On the contrary, on Madbacada Road in Shangani district, 10 out of 13 households

were identified as being headed by a male. It has been suggested that this is attributable

to the fact that most of the household heads on this road are IDP families in which the

role of a male protector is very clear. Overall within the Somali culture it is considered

the norm to have households as being headed by a male but at the same time women as

having overall responsibility of managing the household.

4.1.2 Age

Based on findings of the census, 35% of the PAP household heads were between the ages

of 29 to 38 years (Table 4). The second largest age group at 28% was between 39 and 48

years. Only three households, 2 located in Warta Nabada district and one in Hamarweyne,

are headed by an under 18 years old and 2 household heads are older than 67 years old.

Table 4: Age Groups of PAP Household Heads

District Name Road Name Under

18

19-28 29-38 39-48 49-58 59-68 Above

68

Abdiaziz

Agoonta 0 0 1 2 0 0 0

UNDP 0 0 0 0 0 0 0

Boondheere Binti Foodey 0 3 8 1 2 0 0

Isbitaalka Jarmalka 0 0 3 3 0 0 0

DaafAlleeley 0 0 4 2 0 0 0

HammarJajab Wiikiyo/Simad 0 0 2 2 7 2 0

IskoolXamarjajab 0 0 0 2 1 0 0

Fartaag 0 0 2 0 1 0 0

HamarWeyne Ex-Post 0 0 2 2 1 2 0

IskoolHamarWeyne 0 0 1 1 1 0 1

Cadeyga 1 1 2 2 3 0 0

HawlWadaag CeelGarweyne 0 4 4 3 2 1 0

Shangani Madbacada 0 1 2 6 2 1 1

Sharif Abow 0 2 6 3 1 0 0

Ceymiska 0 0 0 0 0 0 0

33

Degmada 0 1 2 0 0 0 0

TodobataniyoTalo 0 0 0 0 0 0 0

Warta Nabada Garoonka

Minishibiyo

2 0 3 5 1 1 0

Mire Ali Bubal 0 1 5 4 2 0 0

Total 3 13 47 38 24 7 2

4.1.3 Education Level

Nearly 40% of the surveyed households’ heads have no formal education and none has

university education (Figure 3). Compared to the other districts, Bondheere had the

highest number of household heads with no formal education (Annex 5). This reflects on

the districts’ poverty level considered to be the highest in Mogadishu.

Figure 3: Educational Achievements of PAP Household Heads

The numbers of respondent household heads with primary and secondary level of

education were 34 % and 23% respectively. On the overall, the high numbers of

individual household heads with no formal education can be linked to the collapse of the

government and the end of free formal education.

4.1.4 Main Income Source and Average Monthly Income

Educational Level

Non

Primary

secondary

College

34

Small business is the main source of income for 90 household heads. Nearly 78% were

street vendors selling mixed items such as snacks, cigarettes, vegetables, and soap. The

second highest source of income declared was manual labor reported by 36 household

heads (Figure 4). 8 household heads mentioned employment by the government as their

main source of income.

Figure 4: Main Source of Income for PAP Household

Heads

The average monthly income of the households’ heads ranges from USD 70-300. The

highest earners are kiosk owners selling mixed items with an average monthly income

of USD 120. The highest average monthly income, USD 300, is declared by members

of an established business community located nearby the vibrant market of Suuqa

Xamar Weyne. A breakdown of main income source and average monthly income for

each road is provided in annex 6.

Small Buisness

Civil Service

Laborers

0 20 40 60 80 100

Main Source of Income

35

5 LEGAL AND INSTITUTIONAL FRAMEWORK

The Somali national laws are still being developed and at the moment there are many

parts, including land related matters such as expropriation, which are going through the

parliamentary processes. Notwithstanding this, in the current federal state system the

different levels of government have developed laws that address land issues or reverted

to laws that existed prior to the collapse of the Somali Democratic Republic.

5.1 Somali National Laws

The current supreme law in Somalia is the Provisional Constitution of 2012. The right to

own property and the right to compensation is addressed in Sections 1 and 2 of Article

26 which state:

• Every person has the right to own, use, enjoy, sell, and transfer property;

• The state may compulsorily acquire property only if doing so is in the public

interest;

• Any person whose property has been acquired in the name of public interest has

the right to just compensation from the State as agreed by the parties or decided

by a court.

5.2 Municipality of Mogadishu Laws

Law Number 10 of the Municipality of Mogadishu passed on 17/12/1980 deals with

compensation related issues. Article 15 states any building constructed without following

the municipal due processes will be considered to be illegal. Section 1 of Article16

indicates in the fulfillment of community standards, the Mogadishu Municipality can

order the demolition of illegally constructed structures, whether single structures or whole

estates, once such a decision is reached by the District Councils’ Permanent Committees.

According to Section 2of Article 16the demolition of illegally constructed structures can

take place in the case of one or both of the following reasons:

• In order to vacate the occupied land for purposes other than residential use; and/or

• Standardization of illegally constructed estate in compliance with urban planning

36

Section 3, Article 16 states that: Illegally constructed structures cannot be used for the

purpose of acquiring land and its eviction will not lead to compensation. But the

municipal government can compensate the affected persons with residential land once the

following conditions are met: the affected persons resided in the said structure for a period

of not less than eight years; and the property was not constructed for the purpose of

acquiring land.

Section 4, Article 16 states that any compensation resulting from eviction or demolition

of any structure or estates will be provided to the initial residents, and according to

Section 5 the Municipal Government cannot allocate any such land to other parties as

long as the affected persons are present.

Article 17, Section 1 indicates the Mayor of Mogadishu has the authority to order the

eviction of legally occupied land for the purpose of communal use. According to Section

2 of Article 17 any party evicted as a result of section 1 of this Article is entitled to

compensation of value similar to the property, and the same size of land shall be granted

to the affected person. Section 3 of Article 17 indicates that when compensation is

offered, the following will be taken into account: whether the structure is in compliance

with the law concerning land used for permanent or temporary purposes and if it is not

built in accordance with the above law the structure will be considered illegal and the

owner not qualified for compensation. Section 4 of Article 17 states that the process to

be followed in the acquiring of private property for communal purpose shall be in

accordance with Section 12 of law number 28 of the Democratic Republic of Somalia

passed on the 28th of May 1955. Section 5 of Article 17 indicates the expropriation of

property for the purpose of communal use, while taking Section 4 of Article 17 into

account, can only be used for communal purpose and not for private use.

5.3 World Bank Policies

World Bank Policy OP 4.12 - Involuntary Resettlement is designed to mitigate social

and economic impacts that may result from involuntary taking of land or involuntary

37

restriction of access to property10. This Policy demands that a resettlement plan be

developed to ensure that displaced persons are:

• Informed about their options and rights;

• Provided with technically and economically feasible resettlement alternatives; and

• Provided with prompt and effective compensation at full replacement costs

This Policy requires that particular attention be paid to the needs of vulnerable groups

such as those below the poverty line, landless, elderly; women and children, indigenous

peoples and ethnic minorities. The following general principles of this Policy are entirely

adopted as principles of this RAP:

• Involuntary resettlement should be avoided where feasible, or minimized while

exploring all viable alternative project designs;

• Where it is not feasible to avoid resettlement, resettlement activities should be

conceived and executed as sustainable development programs that provide

sufficient investment resources to enable the persons displaced by the project to

share in project benefits;

• Displaced persons should be meaningfully consulted and should have

opportunities to participate in planning and implementing resettlement programs;

and

• Displaced persons should be assisted in their efforts to improve their livelihoods

and standards of living or at least to restore them, in real terms, to pre-

displacement levels or to levels prevailing prior to the beginning of the

implementation, whichever is higher.

Under OP/BP 4.12 all PAPs are due for compensation to the extent that they have been

affected by the project.11

10 Policy document are available at https://policies.worldbank.org

11 More details provided in Section 4

38

5.4 Gaps between Legal and Institutional Frameworks and Bank

Policies

This section compares the different national laws of Somalia, the Municipality of

Mogadishu with the World Bank’s Policy on Involuntary Resettlement. Specifically

addressed are consultation requirements, eligibility for compensation, valuation method,

grievance redress mechanism, disclosure of information and the timing of compensation

payments (Table 5). For the SURP, the Bank's OP 4.12 will take precedence over any of

these other laws.

Table 5: Gap Between Somali Laws and Bank Policy

Item Somali Law/Policy World Bank

Requirements

Gaps Gap filling

measures

Consultation Mogadishu

Municipality: law

indicates demolition

of illegally

constructed

structures can only

take place once such

a decision is reached

by the District

Councils’ Permanent

Committees.

Puntland’s Laws

make consultation

obligatory and

requires that

meaningful

consultation take

place throughout the

different phases of

the Project.

Somaliland Laws call

Project affected

persons (PAPs)

facing physical or

economic

displacement

persons must be

meaningfully

consulted to

express their

concerns and

discuss ways to

minimize impacts

on affected

communities.

PAPs also should

have opportunities

to participate in

planning and

implementing

resettlement

programs

Somali

consultation

mechanisms

appear to

prioritize

government

agencies, and

may not

adequately

involve project

affected

individuals,

households,

businesses, or

communities

World Bank

OP/BP 4.12

and RAP

guidelines to

be followed

39

Item Somali Law/Policy World Bank

Requirements

Gaps Gap filling

measures

for consultation

between the Mayor

and the Permanent

National Planning

Committee prior to

the expropriation of

private land.

Compensation

Eligibility

Somalia’s Provisional

Constitution states

legally owned property

can be acquired for

public interest and that

the property owner will

be due for

compensation. Also,

the case for

Somaliland, Puntland,

and the Mogadishu

Municipality.

Compensation

eligibility by persons

with no formal legal

rights, although with

some variances, is

provided for by

Puntland, Somaliland,

and Mogadishu

Municipality.

Mogadishu: While

wording makes it

discretionary,

Mogadishu’s Municipal

law calls for the

offering of

compensation for

illegally situated

World Bank

recognizes three

classes of PAPs

eligible for

compensation:

1. Those with

formal legal rights

to land (including

customary and

traditional rights

recognized under

the laws of the

country)

2. Those who do not

have formal legal

rights to land at the

time of census, but

have a claim that is

recognizable under

the laws of the

country

3. Those who have

no recognizable

legal right or claim

to the land they are

occupying (e.g.

Those without

legal title to

land, including

squatters and

encroachers,

face less

protection under

Somali laws and

policies

World Bank

OP/BP 4.12

and RAP

guidelines to be

followed

40

Item Somali Law/Policy World Bank

Requirements

Gaps Gap filling

measures

property. Any

compensation is also

limited to persons who

have lived in the

location for a period of

not less than 8 years.

Nonetheless, the law

also clearly states that

evicted parties will be

settled in a suitable

land and their eviction

and settlement costs

will be covered by the

local government.

Somaliland:

compensation is only

provided for occupants

of temporary structures.

Affected persons are to

be settled in suitable

land and their eviction

and settlement costs be

paid for by the local

government.

Puntland: no

differentiation between

temporary and

permanent structures

and in both cases the

affected persons are to

be relocated to a

suitable location and

the cost are to be borne

by the local

government.

squatters,

encroachers).

Types of losses to

be compensated

include physical

and economic

displacement and

cover land,

residential or

commercial

structures, and lost

income caused by

temporary or

permanent

economic

displacement

41

Item Somali Law/Policy World Bank

Requirements

Gaps Gap filling

measures

Valuation

Method

According to all

reviewed Somali laws

eligible PAPs have a

right to be compensated

with the same value of

the affected property.

Unclear how this value

is set or determined by

government agencies.

Bank requires full

replacement cost for

all lost assets

Government

methods may

not ensure full

replacement

value.

World Bank

OP/BP 4.12

and RAP

guidelines to

be followed

Grievance

Redress

Mechanism

Somali laws mention

the right of the PAP to

file their grievances

with law courts,

however, there is no

clear redress

mechanism

World Bank policy

calls for project-

level grievance

redress mechanism

to cover

resettlement and

related

compensation

matters,

construction phase

grievances and

operations phase

grievances.

Records

Law courts may

be cumbersome,

costly or

intimidating

remedy,

especially for

those with no

formal land

titles, IDPs,

refugees, those

unable to read

or write, etc.

Ideally, should

be used only as

last resort.

World Bank

OP/BP 4.12

and RAP

guidelines to

be followed.

Information

Disclosure

No specific

requirement for

disclosure of

information

World Bank

requires disclosure

by Bank at Info

Shop, and

simultaneous public

disclosure in-

country disclosure

by clients

(Mogadishu and

Garowe

municipalities)

websites or other

Somali

law/policy

provides

insufficient

measures to

protect PAPs

World Bank

OP/BP 4.12

and guidelines

to be followed

42

Item Somali Law/Policy World Bank

Requirements

Gaps Gap filling

measures

readily accessible

public disclosure

means available in

their jurisdiction.

Information

disclosed in

language(s)

understood by the

PAPs and other

stakeholders.

Compensation

Payment

Schedule and

Cut-off date

Not addressed in

Somali laws or policies

Cutoff date to be

established at time

of census and asset

survey

Compensation to be

agreed upon with

PAPs and provided

prior to taking over

of assets or

relocation.

Somali

law/policy

provides

insufficient

measures to

protect PAPs

World Bank

OP/BP 4.12

and guidelines

to be followed

43

6 ELIGIBILITY AND ENTITLEMENT

As per the RPF the following are eligible for compensation and/assistance regardless of

their legal status:

• Those who have formal legal rights to land and property including renters and

lease holders;

• Those who do not have formal legal rights to land and property including

squatter sand IDPs;

• PAPs in buildings or structures constructed without permits on someone else’s

land or state-owned land, and property;

• Businesses that have legal rights to operate; and

• Businesses that do not have legal rights to operate including roadside vendors

and kiosks.

In compliance with the WB OP4.12 PAPs will be provided with prompt and effective

compensation for losses attributable to the Project. Details from the inventory of loses

along with the different entitlements are provided below.

3 papaya trees that have also encroached upon the RoW will also be removed. In addition

to this, 67 street vendors will suffer temporary loss of access. Compensation levels for all

the structures are full replacement cost derived from actual current market value of the

property as well as labor, and transport costs. The PAPs are also provided with the right

to salvage materials without deduction from their compensation. The 67 street vendors

and 48 Kiosk owners will be provided with cash compensation for their loss of income.

Kiosk owners will suffer permanent loss of income hence will be provided with cash

compensation equivalent to one month of their lost income. The street vendors will suffer

temporary loss of income thus receiving cash compensation worth 50% of their estimated

monthly income. For the restoration of their income both the vendors and kiosk owners

will be offered employment opportunities and PCIP installation and repair training from

the contractors. This arrangement is based on an MoU to be signed between the BRA

and the contractor. In addition to this, the street vendors will be provided with alternative

temporary space to operate from in adjacent streets. The provision of these spaces has

been agreed upon with both the district commissioners and the municipal services. The

44

kiosk owners will also have similar opportunity as long as they use tables like the vendors.

Those losing their residential property will be provided with cash to cover 1 month of

rent and transportation to rental residencies. Locations for residential rentals have been

identified in Kaaraan, Yaqshid, and Medina districts. The choice of these 3 locations,

done in consultation with the PAPs, is based on local clan dynamics and availability of

low-cost rental properties. Out of the 19 roads, the two roads where vulnerable people

need to be relocated are Madbacada Road and Sharif Abow Road in Shangani district.

The BRA is currently considering options for a more sustainable solution for housing

these vulnerable households. The construction of these two roads will only begin after a

more permanent alternative housing is made available for the PAPs. The social and

environmental safeguards in the PIU will follow up closely with the BRA and inform the

Bank on the resolution of the problem.

Vulnerable families comprising six orphan children, 4 disabled persons, three severely ill

and one-person past retirement age will receive additional assistance to cover 6 months

of rent. For the community facilities, madrasas will receive cash compensation at full

replacement cost for the entire structure. In addition to this, it has been agreed with the

local elders that learning will continue to take place at two nearby mosques thus

eliminating the need to commute for the learners. The IDP latrines will be moved to

adjacent space, identified by the IDPs, outside the RoW. In order to allow continued use,

the municipal contractors will be instructed to move two latrines at a time. In addition to

replacing the currently eroded iron sheets, a hand wash facility will also be built for the

IDPs. A grievance redress committee and a resettlement committee has been set up in

each of the 7 districts to give the residents and the PAPs a proper channel through which

their concerns can be addressed. During the implementation of this RAP regular

monitoring will be carried out through both internal and external monitors

6.1 Loss of Income

Compensation for income loss resulting from loss of access was calculated based on the

average monthly income declared by the PAP, and where no such declarations were made

average incomes from similar business was used. Compensation to be paid was

determined by considering the number of days it would take to complete the works, in

this case it would take less than a month to complete the works in each road. 67 street

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vendors and 48 Kiosk owners will be provided with cash compensation for their loss of

income in line with the RPF. Kiosk owners will suffer permanent loss of income hence

will be provided with cash compensation equivalent to one month of their lost income.

The street vendors will suffer temporary loss of income thus receiving cash compensation

worth 50% of their estimated monthly income. For the restoration of their income both

the vendors and kiosk owners will be offered employment opportunities and PCIP

installation and repair training from the contractors. This arrangement is based on an

MoU to be signed between the BRA and the contractor. In addition to this, the street

vendors will be provided with alternative temporary space to operate from in adjacent

streets. The provision of these spaces has been agreed upon with both the district

commissioners and the municipal services. The kiosk owners will also have similar

opportunity on condition that they use tables like the vendors. All cash payment will be

made through mobile phones money transfer based on information collected from the

PAPs during census. This is an effective, verifiable, and secure way of cash payment that

is widely used in Mogadishu.

6.2 Loss of Structure

74 temporary standalone iron sheet structures comprised of 48 kiosks, 15 homes, one

kiosk cum home, 8 IDP latrines and 2 Islamic schools will be removed from the RoW.

Compensation levels for these structures were derived from the actual current market

value of the property. The current cost of materials used to construct the property was

established through a survey of nearby hardware stores and labor costs for construction

through a market survey. The PAPs are also provided with the right to salvage materials

without deduction from compensation and relocation assistance to cover moving cost.

The BRA is currently considering options for a more sustainable solution for housing the

PAPS and vulnerable persons losing their residential households. Two types of

community facilities to be affected are 2 Madrasas and 8 IDP toilets. For the Madrasas

cash compensation at full replacement cost for the entire structure. Right to salvage

materials without deduction from the compensation will also be provided. In addition to

this it has been that learning will continue to take place at two nearby mosques that will

not involve commuting for the learners. Compensation for the madras will be provided

to the religious leaders who currently manage their activities. For the IDP latrines, they

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will be reconstructed in adjacent space outside the RoW. In addition to replacing the

currently eroded iron sheet, a hand wash facility will also be built for the IDPs. Two

structure owners that operated as kiosks were not available, compensation amount for

their structure will remain in the compensation account till they make the claim or for a

period of up to one year after which the money will be donated to a community group in

the district. Compensation calculations are provided in annex 2.

6.3 Loss of Trees

The household having its 3 papaya trees removed from the RoW will be provided with

compensation covering 2 years of yield at current market values.

6.4 Vulnerable Groups

Vulnerable families such as orphans and the disabled will be provided with additional

assistance to cover 6 months of rent. Members of these families include six orphan

children, 4 disabled persons, three severely ill and 3 persons past retirement age. Also

included are 28 IDP families and two under 18 household heads. Members of this group

who will be losing access to their sources of income will be provided with a full one

month’s compensation of income instead of the 50% prescribed in the RPF.

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7 CONSULTATION AND PARTICIPATION

Consultations have been an integral part of this Project from the initial phase where the

communities were engaged to identify roads they needed to be renovated in their districts.

These consultations have continued to inform the process till the preparation of this RAP

and will continue to be central in the implementation and monitoring of the Project.

During the preparation of this RAP report multiple consultations were held with the

potential PAPs, community groups, district administration members, and the leadership

of the BRA, attendance sheets are provided in annex 3. Consultation included

communication on the RAP preparation conducted between the 9th and 13th of June 2018.

The PAPs and potential losses were identified during a census and registration of assets

announced on the 5th of July 2018 and carried out between August 6, 2018 and October

29, 2018. The following summarizes key consultation milestones.

7.1 Consultations with BRA Leadership

7 consultations were undertaken with the BRA leadership (Figure 5). The purpose of

these consultations was to inform the leadership on the purpose of the RAP, the process

involved, and the legal requirements as per the Bank’s policies. Discussions during these

consultations mainly focused on the issue of compensation.

Figure 5: Consultations with BRA Leadership

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Initially it was difficult for the leadership to be positive with compensating illegal

potential PAPs, however, after the consultations the leadership pledged its support and

provided its commitment in following the different policies captured in the RAP,

particularly the compensation.

7.2 Consultations with the District Administration

All the district commissioners of the 7 districts were consulted and informed about the

RAP and what its implementation entails (Figure 6). The strict requirement of not

disrupting people’s lives and where it is unavoidable the requirement of compensating

them was explained to the district commissioners.

Figure 6: Consultations with District Administration

Some of the district commissioners felt the RAP implementation would be complicating

the project implementation, nonetheless, they were made aware of the significance of the

RAP implementation and the consequences of not implementing it could lead to halting

of the project.

7.3 Consultations with Community Groups

Representatives from women groups, IDPs, business and religious organizations, elders

and youth representatives from the districts were informed of the RAP process (Figure

7). Nearly all of these community members were involved in the project from the initial

phase of choosing and ranking of roads to be constructed. Their main concern was why

only a half of the roads they had chosen would be constructed and not the entire 2

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kilometers identified during the initial consultations. They also indicated there were too

many consultations that have been taking place since 2016 while there is little progress

in actual commencement of the works.

Figure 7: Consultations with Community Groups

They asked for honesty and wanted to know if the consultation process was being dragged

till all the money designated for the construction would be misappropriated. The

community representatives were informed that consulting them was vital for the

successful implementation of the Project. It was indicated to them the available funding

would only cover construction of one kilometer road length for now and that out of the

17 districts initially studied the works would be starting in 7 districts. They were

informed that the different consultations were being undertaken for different purposes

such as to identify roads to be constructed, to inform the different policy frameworks, to

prepare the RAP and that the consultations would continue throughout the project to

ensure they were informed and took part in the decision-making process.

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7.4 Consultations with Resettlement and Grievance Committees

Mogadishu is a city that has recovered from conflict and many of the wounds are

continuing to heal. Particular attention had to be paid to giving the community a voice in

the implementation of the project. During the community consultations it was agreed that

a resettlement and a grievance redress committee with different ToRs would be

established for each of the 7 districts. During their establishment, members of these

committees, except for the potential PAP representatives, were chosen from groups that

were actively involved in the community (Table 6). The PAP members of these

committees were identified during the potential PAPs consultations considering their

ability to voice PAP’s concerns and gender balance. In order to get full cooperation from

the district offices, the BRA leadership wrote official letters to the district commissioners

asking for their cooperation in the formation of these committees. Establishing the choice

of the PAPs representatives and their specific roles was very crucial. A list of all the GRC

members is provided in annex 4.

Table 6: Composition of Grievance Redress and

Resettlement Committees

Grievance Redress Committee Resettlement Committee

Deputy District Commissioner for Social

Services

District Secretary General

Chairlady women Group Deputy Chairlady women group

District youth representative District youth representative

2 PAP representatives 2 PAP representatives

Religious leader Religious leader

Community elder Community elder

Following the formation of these committees and meetings at each of the districts, all

committee members were invited to the BRA headquarters where they were informed of

their specific roles (Figure 8).

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Figure 8: Grievance Committee Members Meeting

The committee members, particularly the PAP representatives, indicated they viewed the

formation of these committees as being very positive and wished a similar process was

available in the implementation of other development projects especially infrastructure

projects which tended to have high impacts on people’s lives.

7.5 Individual Interviews

Individual PAPs were interviewed to collect socio-economic data. For the purpose of this

study any individual who risked losing land, property or investments made on the right

of way was considered as a PAP. Also included were persons who risked losing their

livelihoods and/or access to natural and/or economic resources. During the gathering of

census data on household heads including their names, contact details, gender, age,

educational level and main source of income was collected and affected assets were also

registered (Figure 9).

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Figure 9: Enumerators Conducting Census

During this process pictures were also taken, and GPS locations of their assets recorded.

A list of the names of household heads, their contact details and type of loss is provided

in Annex 1. Prior to the commencement of the census the community was informed of

the upcoming census and its purpose. These announcements were done at the local

district headquarters and through the community organizations. Posters showing the cut-

off date placed in all of the district’s headquarters. A pilot census was conducted in Expost

Road, Hamarweyne district. This road was chosen because of its characteristics identified

during the scoping study which included safety and presence of different PAP categories.

During the pilot census four key items emerged: 1) the questionnaire was very long, and

it had to be shortened without omitting any important questions; 2) All the PAPs would

not be present at the same time, some of the kiosks and vendors operated in the morning

and others in the evening. This meant it would be necessary to conduct the census at both

times to ensure all potential PAPs were included; 3) In some cases it would not be possible

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to conduct the census because the PAP was engaged in other activities or was not present

at the time. In this situation it was decided that another attempt would be made to have a

face to face interview with the PAP and if it was not possible the census would be

conducted over the phone. In such cases, the identification of the PAP and ownership of

the assets was confirmed through the local community representatives and through the

neighbors. This approach was also utilized during periods of heightened security

concerns in some of the districts such as Hawlwadaag and