1

Lebanon: Cultural Heritage and Urban Development -

Additional Financing (P116197)

Resettlement Plan

Restructuring and Reconstruction

of the Old Souk – Al Bawaba Square

In Tyre

Report made with the participation of: the Project Management Unit

Technical Assistance Unit/The Old City Administration

2011

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

2

Table of contents

1. Introduction 11 2. Project description 12 3. Potential impacts 13 4. Objectives of the RAP 14 5. Socio-economic studies 14 6. Legal framework 18 7. Institutional framework 20 8. Eligibility 20 9. Resettlement measures 23 10. Community participation 24 11. Grievance procedures 25 12. Organizational responsibilities and implementation schedule 26 13. Monitoring and evaluation 27 Annexes Annex – 1 – Decision of the Resettlement Committee Annex – 2 – Al Bawaba Square Market Field Survey Lists – Tyre (2009) Annex – 2’’ – Al Bawaba Square Market Field Survey Lists – Tyre (2011) Annex – 2* – Municipal Decision on Final Lists Annex – 3 - Representative Committee Election Minutes Annex – 4 – Decision on the trades allowed to be exercised in the new market Annex – 5 – Minutes of the consultative meetings held on 20-27-29 December, 2010 Annex – 6 – List of Complaints Annex – 7 – Site plan of the current public market Annex – 8 – Site plan of the temporary and new public market Annex – 9 – Design plan of the temporary market Annex – 10 – Design plan of the new market Annex – 11 – Models of the market and units Annex – 12 – Table of Units Distribution in the old market Annex – 13 – Table of Units Distribution in the temporary market Annex – 14 – Socio-Economic Questionnaire Annex – 15 – Sample Contract Annex – 16 – Adjusted Matrix of CHUD baseline indicators

3

4

5

6

7

8

9

10

Cultural Heritage and Urban Development Project

Resettlement Plan

Restructuring and Reconstruction of the Old Souk – Al Bawaba

1. Introduction

Before starting the implementation of the second phase of the Cultural Heritage and

Urban Development Project, and given the specificity and importance of the sites which

will be subject to restoration, rehabilitation and restructuring, it was necessary to develop

a resettlement plan to clarify and explain the works related to the city’s public market and

to safeguard the rights of the beneficiaries of the commercial units and vegetable stalls

through their replacement by new facilities pursuant to a strategic plan, designed in

conformity with the Project and Municipality objectives through bestowing a civilized

aspect on this market and embellishing the front entrance of the city, without any

interference with the public interest as well as the interests of the population who will

certainly benefit from its economic, touristic and environmental results, while taking into

consideration the World Bank directions, recommendations and policies with regard to

this subject.

This resettlement Action Plan (RAP) concerns uniquely the Old Market in Tyre. The

public market is located in the northwest past of the city; it extends from Tyre’s

commercial port square to Elissar roundabout and is situated between two main streets:

the main entrance of the city, known as Senegal Street and the old entrance. It hosts

various business activities, namely clothing shops and fresh vegetable market, as well as

some different trades, such as hardware, accessories, butchers, bakeries, and some crafts

and traditional skills, such as sewing and shoemaking, in addition to some sorts of simple

steel industry and others. It also contains several cafes, with kiosks at the square’s

southern entrance, which serve as small rest houses for the customers of the market and

the public transportation hub where passengers are transported to all regions in Tyre and

the neighborhood.

Historical overview of the market creation

Upon the reinstatement of economic life in the city of Tyre following the Israeli

withdrawal in 1985, the problem of securing parking lots for the cars coming to the city

from various southern towns and villages to visit the old souks has become a pressing

need. As a result, in 1986, the public local authorities decided to fill a part of the sea at

the entrance of the old city’s markets, starting from the commercial port of Tyre till the

current Elissar roundabout. This backfilling process was completed in 1988 where the

filled space had been allocated as a parking lot for private cars, transportation trucks and

others. This new square witnessed the first construction works in 1989 when it was

11

decided to build 60 shops of stone in order to solve the problem of street vendors who

park at the entrance of the old souk and within its main streets, directly affecting the

commercial activity of the shop owners and impeding traffic. The number of these shops

gradually increased. The square became known as Al Bawaba (Portal) since it was

considered as the main entrance to the heart of the city, the old souk. During that period,

shops had been sold, purchased and their usage modified illegally and without the

consent of the municipality, which led to the chaotic and random layout of the current

market; however, it continued to play an important economic role and became to be

known as the public market and to constitute a main component and vital place in the

city.

2. Project description

The Cultural Heritage and Urban Development Project is co-funded by the World Bank,

the Agence Française de Développement, the Italian Government and the Lebanese

Government. The Council for Development and Reconstruction (CDR) undertakes the

follow up of its implementation and management.

The Project includes the restructuring and reconstruction of Al Bawaba public market and

Hamra Street, as well as the rehabilitation of the Jaafari area.

The Project’s total costs are estimated at 5.008.963.375$; the World Bank contributes

with 4.173.977.6 $ thereof, whereas the Lebanese State contributes with 834.985.77, 00

US dollars. The Council for Development and Reconstruction (CDR) launched a tender

to contract the works out and signed the contract (CHUD – Tyre Old City – Urban

Component Phase II – Rehabilitation of Al-Bawabeh Square, Hamra Road and Jaafarieh

Area) with Water Resources and Development Company (WARD) for this purpose;

works were started on 30/6/2009. There had been delay in works which were supposed

to be completed 18 months following their beginning, mainly because of the amendment

of the market and the adjacent square designs following the objections made by the

traders and the City’s representatives on the previous designs.

The Project aims at the conservation of the cultural and civilization heritage of the city,

through four components:

Restoration and management of the archaeological sites in order to support

touristic activity

Rehabilitation and restoration of historic buildings and public spaces in the city,

giving them a development functional role aiming at increasing the cultural level

and standard of living of the local population and creating job opportunities

Rehabilitation and improvement of infrastructure and vital facilities in both

residential and commercial areas adjacent to the Project in order to improve the

living conditions of the residents and attract tourists

Support institutions and public administrations, competent and responsible for the

management and protection of archaeological sites and traditional buildings in the

city

12

The implementation of this project in Tyre is designed to address environmental and

urban degradation in the old city and improving the living conditions of the population,

through:

Creating a cultural promenade between the city's archaeological sites and the old

city and restoring some historical buildings while creating some functions thereto

Rehabilitating Al Bawaba area, restructuring its public market and establishing a

parking lot

Rehabilitating Hamra Street given its importance in linking between certain

sections of the city and the archaeological sites, as well as the old city

Rehabilitating and upgrading the services for the western waterfront of the city

Rehabilitating the fishermen port and restoring the facades of the opposite

buildings

Restoring two khans and five historical buildings and creating usages that would

lead to the development of tourism and economy.

There are no RAP related impacts associated with each of these components except for the

rehabilitation of the Old Market. The main bodies responsible for the project

implementation, the Municipality, the Council for Development and Reconstruction

(CDR) and the consultant responsible for the designs, are extremely vigilant and cautious

since this Project concerns the public market of the city which has a great multi-level

importance. Thus, regular meetings and various gatherings with representatives of traders

and vegetable sellers in this market led to changing the market’s design in accordance

with the beneficiaries’ wishes and in a way to dispel their concerns.

3. Potential impacts

The main activity of the project that gives rise to the resettlement of the vendors in the

temporary market is the rehabilitation and reconstruction of the Old Market. The land of

the Old Souk is owned by the Municipality. The vendors of the market are going to move

to a temporary market nearby (at a distance of 50 meters) the Old Souk till the end of the

rehabilitation of the Old souk. The construction process of the new market will be

completed in eight months. During this period the vendors will be working in the

temporary market.

There will be no adverse impact such as loss of income due to the following reasons:

1. The relocation will be in the same location. The distance is less than 50 meters from

the initial souk. The customers of the old souk will spontaneously go to the “Temporary”

market.

13

2. The temporary market will follow specific regulations concerning hygiene and security

standards which will make it a better place to shop. The shops in the Old market lack

minimal environmental and hygienic requirements due to their close proximity to each

other, their lack of clean toilets and the narrow lanes between them if any. They also

suffer from problems of ventilation, lighting, illogical distribution of trades, as well as the

lack of basic services such as periodic maintenance and lack of potable water, telephone

and other services.

4. Objectives of the RAP

The resettlement plan aims at replacing the old public market with a new one that meets

the aspirations of the city and residents, takes into account the full environmental

specifications and aesthetic components, provides the users and visitors with additional

facilities and contributes significantly to the promotion of local economic growth.

The municipality is committed to the resettlement of the affected vendors as per the

provisions in the project design, based on several principles:

1 - Each user has the right to one unit in the new market, in the section which suits the

activity based on the design, with the exception of trades that are to be excluded as it

was agreed upon and where the rights holder may change the nature of his business in

line with the market regulations or is free to waive his investment right to a third

party against a financial compensation. Before the project gets completed, a time limit

will be set to prevent any waiver to other person.

2 – A new lease contract will be signed by each tenant currently on a leased property

from the municipality in order to be able to use a new unit in the market against an

acceptable rent. The contract includes penal provisions that might amount to the

business unit’s restitution if the tenant fails to pay the rent, based on a clear

mechanism provided for in the contract or for non-observance of the environmental

conditions observed in the contract clauses.

3 - Those who refuse to be relocated, specifically the ones whose trades have been

declared inappropriate for the new market, will be subject to all the terms of the

decisions documented in Annex 4 (decisions on the trades allowed to be exercised in

the new market).

5. Socioeconomic studies

The current occupants of Tyre souk are divided into 2 groups:

- Group 1: Basic rights holders who are not vendors in their units, but who sublet their

unit to other users (91 right holders).

- Group 2: the users of the units(113 vendors): which can be divided into 3 sub-

groups:

Sub-group a: Basic rights holders who work in their own units

14

Sub-group b: Basic rights holders who, in addition to their investment in

their own units (they are vendors), they rent additional units from other

rights holders in order to expand their business.

Sub-group c: Users who rent the "units" from basic rights holders.

The initial survey for the market was undertaken in June 2006. It is considered the cut-off

date. A socioeconomic survey was undertaken in January 2011 to update the information.

The interviews were made with members of group 2; the users of the units (refer to the

socio-economic questionnaire in Annex 14).

Economic characteristics of the users of the units:

There are 168 units in the souk. This mismatch between the total number of users and

the total number of units is due to a number of users investing in more than one unit.

There are 3 types of units, and in every type of units we have several commercial

activities.

The first type of units includes the shops that are made of stone and covered as one

small unit with an area of (2.75 * 2) square meters and a height of around 2,40 m (but

certain tenants have more than one unit, with some of them destructing the joints and

some expanding their units by taking over a part of the corridor). The total number of

these shops, in their current status, is // 60 // units (see Annex 2). The activities that

are related to these stone shops consist of one poultry shop, one butcher shop, one

“manakish” and pastries bakery; plumber, shoemaker, barber and tailor, restaurant,

grocery and dairy products. Some of them sell plastic items, paper, toys and

household appliances, and others practice industrial occupations such as

manufacturing iron tools and keys and selling hardware and electrical supplies.

The second type of units includes the stalls where fresh vegetables are sold. It

consists of a display table for vegetables, including two parts which constitute a right

angle. The small unit has an approximate area of 2.30 square meters for vegetables

display and sale. The market includes a closed section of 32 non-leased units by the

municipality. Some people have taken over them and use them as warehouses. The

section that is rented includes // 64 // sixty-four units (see Annex 2).

The third type of units consists of an alley including shops, half built of stone and the

other half of iron with display racks where textile, clothing, fabrics, accessories and

toys is sold. Each unit has an area of (2.00 * 2.12) square meters, with a rough height

of 2.40 m, all occupied. The total number of these units is currently // 32 // thirty two

units (see Annex 2).

Social Characteristics of the users of the units:

The average size of the household is 7 persons including the parents.

15

The majority of the users of the units are men. There are 91 men and 22 women

vendors.

In the market, there are 5 non-Lebanese vendors:

- 3 Palestinians:2 men and one woman

- 2 Syrians:2 men

Characteristics of the 21 Lebanese women: among the 21 women included in the

survey, there are: 1 woman aged between 15 and 24, 8 women aged between 25 and

39, 11 women aged between 40 and 54, and 1 only aged above 55. 9 of them are

married, 7 are single, 2 are divorced and 2 widows (there is one woman who did not

declare her age). The income of 3 of these women is less than 500 000 Lebanese

pounds, 17 of them earns between 500 000 to 1 million Lebanese pounds, and 1 of

them earns between 1 million and 1.5 million Lebanese pounds.

Characteristics of the 87 Lebanese men: among the 87 Lebanese men included in the

survey, there are 9 men aged between 15 and 24, 12 men aged between 25 and 39, 38

men aged between 40 and 54, and 26 aged above 55 (there are two men who did not

declare their age). 69 of them are married, 10 are single and 1 divorced (there are 7

men who did not declare their marital status). The income of 11 of these men is less

than 500 000 Lebanese pounds, 43 of them earn between 500 thousand to 1 million,

13 of them earn between 1 million and 1.5 million Lebanese pounds, 13 earns from

1.5 million to 3 million Lebanese pounds, and 3 from 3 million to 6 million Lebanese

pounds (4 men did not answer the question concerning the income).

The Non-Lebanese users rent units from Lebanese rights holders. Three of them (1

Palestinian woman, 1 Palestinian man and 1 Syrian man) rent each two units. The

Palestinian woman works in the field of accessories sale within 2 units in the clothing

market. One Palestinian man invests in two units in the vegetable market, whereas the

Syrian man invests in a unit in the textile and clothing market where he sells shoes.

As for the 2 Syrian men, they invest in warehouses in the crafts stone shops.

Characteristics of the non-Lebanese users: 3 of the non-Lebanese users (a Palestinian

woman, a Palestinian man and a Syrian man) belong to the age category 40-45, while

the two others (a Palestinian man and a Syrian man) belong to the age category 25-39.

All of them are married, with the exception of the Palestinian woman who is

divorced. Those who stated their income are the ones working in the sale of shoes,

vegetables and accessories; and this income ranges between 500 thousand and 1

million Lebanese pounds.

The educational level of the users :

Among the users 27% do not read and write, 14% read but do not write, 27% have

completed elementary education, 22% have completed primary education, 6% have

16

completed secondary education, 3% have a university degree and1% has completed a

technical degree.

The vulnerable group in the public market of Tyre:

The vulnerable group includes the following categories:

The tenants that are dependent of the rights holders

Based on the survey results and interaction with the vendors in the market it was

found that the most vulnerable are the tenants as they are subject to the whims and

fancies of the rights holders. The right holders determine the rent and, whenever they

want, evacuate the tenant in order to sublet the unit for a higher price, whereas right

holders pay nominal rent to the municipality.

These vendors became more vulnerable when the project became known and

everyone hoped that the market will witness economic, environmental and hygienic

improvements. The rights holders wanted to restore their units for investment or

more gain. Some of the examples are listed below:

- Dressmaker: The market includes one woman dressmaker who rented a unit

from a rights holder who owns three units, one in his own name, another one

in his wife’s and a third one in the name of his son and he himself sells

household wares. The dressmaker used to benefit from the customers of the

clothing market. Having heard about the project, the rights holder evacuated

her so that he would remain the sole beneficiary, and the dressmaker had to

move to the vegetable market and work on a stall.

- Beans seller: The beans seller who is in the market for more than 5 years is

now wondering what would be his fate in the new market. He’s head of a

family that traveled from one country to country and eventually settled in

Lebanon. The relocation from the market will lead to loss of customer base

and thus loss of income and livelihood..

- An old and partially disabled vegetable seller supports a large family faces a

similar situation as the beans seller..

In order to alleviate the fears of vendors in the market, particularly of the vulnerable

category, , a clause was added to the contract, where basic right holders will have to

rent out their units at least for three years from the date of signing the new contract.

During this period, the user who rents units from the municipality undertakes

consultations with the tenant and this three years period will be considered as an

advance notice to the tenant. Three years is a sufficiently long period for the tenant to

go for an alternate livelihood or lease another place to practice his trade.

Another cause was also added to the new market regulations preventing the stall

owners in the new market from increasing the rent during this period.

The women vendors:

17

There are 22 women.

The poor population:

The vendors that are earning less than 500 000 Lebanese pounds per month are

considered as vulnerable (11 men and 3 women)

6. Legal framework

The legal frameworks applicable to this project include World Bank’s OP 4.12 and the

mechanism created for this project as described below:

Operational Policy 4.12: The World Bank's Operational Directive OD 4.30 (June 1990), which remained the Bank's policy

statement on R&R all these years, is now replaced by Operational Policy (OP) and Bank

Procedure (BP) 4.12 (December 2001) put together. This OP and BP apply to all projects for

which a Project Concept Review takes place on or after January 1, 2002, when there is

involuntary land taking in any project.

The objectives of the Bank's policy on involuntary resettlement are as follows:

Involuntary resettlement should be avoided where feasible, or minimized, 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, providing 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.

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 project implementation, whichever is higher.

World Bank issued some guidelines, as available in the handbook on resettlement and

rehabilitation for the task managers of the Bank (1996), for implementation of resettlement and

rehabilitation component in Bank projects. Some of the points specifically related to income

restoration are as follows:

The standard of living of PAPs be restored to pre-project levels, or be improved In areas where PAPs were living below the poverty line prior to project implementation,

post-project living standards be brought unto the poverty line. Preparation of income restoration programs under R&R should proceed exactly as it

would for any other economic development program It may be important to design income restoration programs with reference both to the

poverty profile of the affected villages and to that of prospective host communities To be effective, income restoration planning should begin no later than 2 years before

PAPs are to be relocated

It also proposed that the following information related to income restoration would be part of a

RP:

Existing PAP skills and host area activities/ demand patterns Feasibility analysis of menu of IR restoration options including assessment of time/cost of

access to previous urban employment Training needs of PAPs

18

Strategy or activities broken down by PAPs category and range of options Timetable and budget for activities Institutional responsibilities for design and implementation Provisions for handing over programs from the project to local authorities

Committee formed by Municipality to oversee resettlement issues

The institutions which oversee the process of resettlement are the Municipality of Tyre

and the Council for Development and Reconstruction (CDR). Upon the completion of

works, the Municipality will be responsible for the management of the rehabilitated souk.

It has prepared, in consultation with the souk’s representatives and the legal authorities a

contract to be signed with the rights holders in order to address their concerns (refer to

contract in Annex 15).

To ensure the proper implementation of the project and guarantee the rights of the tenants

and users, and to resolve all issues that might arise during the implementation, the

Municipal Council of Tyre created a special committee to follow up on the resettlement

issue. (Annex 1: Copy of the decision). Upon the election of the new municipal council, a

new committee was appointed to follow up on issues related to the public market,

representing all political parties.

The users of the public market do not have a trade union to protect their rights and

interests; govern the relations between them and the municipality, requirements and

needs. Some among them were authorized to coordinate and attend meetings with the

municipality in order to learn about the new project and understand its mechanisms, but

they only play the role of facilitators and do not have the right to make decisions. For this

reason, the municipality called for elections to choose a representative committee of the

users in the public market, including all sectors. This committee coordinates with the

municipality all decisions and views on the market, solves the majority of pending issues

before referring them to the group of users in the market in open meetings and dialogues.

(Annex 3: Minutes of the election meeting of the Representative Committee)

As per the Tax Collection Office, many of the basic right holders have not paid rent to the

municipality ranging from for about 10 months to a year and most of the users do not pay

the rent on time at the beginning of each month despite repeated warnings by the

municipality. Therefore, a new collection plan was adopted so that users pay their taxes

in installments.

There are also several transfer operations from tenants to users which do not show in the

municipal records based on the reports sent by the Technical Assistance Unit. There are

also units that were sold through notaries, based on “lease premiums”, and which were

notified to the municipality after a plan was developed to obtain the final names. (These

processes are documented in Annex 2)

19

7. Institutional framework

In order to speed up the resettlement process and reaching the desired result, a special

committee has been established and mandated by virtue of decision of the municipal

council. It comprises of representatives of the stakeholders as detailed below:

1- The Committee shall consist of the President of the Municipality of Tyre

(Chairman), two members of the Municipal Council - one responsible for the social

component and the other for the economic and legal matters - two members of the Project

Management Unit in the Council for Development and Reconstruction and two

representatives of users and beneficiaries of the public market.

2 – The role of the Committee includes managing the resettlement process and addressing

any problem that could arise during the process of relocation. It also undertake, in

coordination with the Municipality’s lawyer, the preparation of lease contracts to be

signed by the beneficiaries, which will include a clear commitment to abide by the

payment of investment and legal fees, pursuant to applicable laws.

3 - The Council of the Municipality of Tyre is the first and last body to resolve any

dispute resulting from the resettlement process, taking into account the recommendations

of the above-mentioned Committee.

The mechanism to distribute units in the new market will adopt the same criteria

currently applied; i.e. the unit facing the road will be at the entrances or exits of the

market, as well as the neighbors will remain the same.

The municipality, in order to facilitate the resettlement process and mitigate its negative

effects, will be in direct contact with users and beneficiaries through continuous

consultations to clarify all the project components, implementation mechanism and

impact on the city in general and the users in particular.

8. Eligibility

Trades considered as polluting and contrary to the concept of an open public market:

Some of the activities practiced in the units are inconsistent with and damaging to other

market activities; for example, gases and odour emissions from barbecues, the presence

of certain steel fabricating industries with all the noise they produce, poultry

slaughterhouses and generated waste and odour,etc. Such trades are considered as

polluting and they will not be included in the new market.

According to the studies and principles of multi-activity public markets establishment,

and following several meetings with the municipality and the Project Management Unit

and direct coordination with the main actors and representatives of the city (deputies of

Tyre and political actors) as well as the relevant trades’ owners, the municipal council

reached a decision (Annex 4: a copy of the decision attached) approving the replacement

20

of some of these trades, such as steel industries, sale of meat and chicken, bakeries and

restaurants with the possibility for them of staying back based on certain terms and

conditions.

The responsibility for taking such a decision is to be borne with all its consequences by

the Municipality of Tyre which undertook by virtue of a decision issued by its council,

the commitment to adopt criteria related to harmless and pollution free trades.

In this decision, the Municipality of Tyre stated that it is fully committed to the

components of the new market design and construction, as well as the subsequent

maintenance and promotional works through new activities associated with its location at

the entrance to the old city and the importance of transforming it, with the tenants’

consent, to a traditional market, without compromising the tenants freedom to exercise

their activity within applicable rules and laws.

The municipality of Tyre has ensured the acceptance of tenants to modify their trades (26

units). All of them agreed on the new regulations of the market.. They will maintain the

same activity but apply additional norms (the meat slaughtery for example will uniquely

sell packed meat)

Activities around the public market

Parallel to the public market, there are some kiosks; each kiosk consists of a small rest

house or coffee shop that serves coffee and refreshments to customers of the public

market, transportation hub and passers-by. There are 8 kiosks authorized by the

municipality, distributed within the hub and on the borders of the market (textile and

clothing market). There is also an additional kiosk for the operation of electrical

generators. Some kiosks have encroached upon the government land.

Contravening activities around the market

There are three forms of contravening activities:

1. Extension of the nine existing vegetable stalls and display of goods by ten stone

shops

2. The presence of fourteen street vendors carts that have become permanent in the

vicinity of the market; eight of them will be included in the market and four of them

will not be included because they came after the cut-off date.

3. Three kiosks or buses converted into coffee rooms that are transferable given their

social role

4. Ten stone shops used as warehouses.

The transfer of these activities and their legalization will be made through a contract

signed between the municipality and the users which will increase the number of the

kiosks to be moved from 8 to 13 (refer to annex 15).

21

Technical Specifications of the New Public Market Project

The consultant who undertook the architectural design worked in coordination with all

partners: the Project Management Unit at the Council for Development and

Reconstruction, the municipality, the main actors in the city who were represented in all

meetings that occurred in the city along one year and a half of preparation for the design

of the project. The final agreement was as follows (Annex 10: The new market design):

The open market consists of two separate sections in the shape of “L“

The first new section is the new vegetable market, which will be almost built in its

current location. It will consist of a rectangle, with a width of 19.5 meters and a

length if 47 to 54 meters. //64// Sixty-four tenants will be relocated to this new

market with a separating distance between the stalls of nearly 2.6 meters in the

main lines and 1.6 meters in the sub-lines.

The second section is also larger than the current market. It also consists of a

rectangle, with a width of 18 meters and a length if 84 to 74 meters. //92// ninety-

two tenants will be relocated to this new market with a separating distance

between the stalls of nearly 2.6 meters in the main lines and 1.1 meters in the sub-

lines.

The choice of the stalls’ size and shape in the second section was made according

to the specifications developed for the project and its principles with the consent

of all partners, and after it was submitted several times for discussion with the

stakeholders.

These two markets have a roof with a height of 7 meters, and all materials used

are of steel

They have also been equipped with sun shades made of processed steel mixed

with “teak" wood, installed on the steel structures at a height of four meters.

Each market has a room for the market management and restrooms (3 toilets and

2 sinks)

After all the developments known to the Bank and all relevant parties, it has been agreed

on four types of units: Full closed - semi closed - L shape - vegetable stalls. The total

number included 8 stalls, and thus became equal to 170 units.

The commercial activities which will be distributed to the L shape units are the

following: clothing, telephone, sewing, cobbling and warehouses.

The commercial activities which will be distributed to semi closed units are: perfumes,

accessories, phones, toys, shoes, cassette and CDs, accessories, bakeries, Lotto office,

dairy products, house hardware, paper products and warehouses.

The commercial activities which will be distributed to the full closed units are: butchers,

coffee, bakery, barber, poultry, plumber and electronics. (For the shape of the units, see

Annex 11)

Finalization of list of beneficiaries

22

The project team and the municipality conducted an initial survey in the year 2006 of all

the units in the market, distributed by the type of activity and the names of the rights

holders.

The survey’s outcomes had been updated and ratified by the municipality in 2009, and

they were included within the resettlement plan of the public market.

Data were therefore updated in January 2011.

Following the disclosure of the rights holders’ names lists at the entrances of both the

market and the municipality, some rights-holders submitted certain objections to correct

their status by submitting legal evidence, such as contracts or rent receipts to prove their

right in the market. The final lists have been corrected, finalized and ratified by the

municipality through its decision issued on 14.09.2011. Annex 2.

Some differences were found in the names of the unit holders during the survey because

of (i) sale of the rights of the units by the tenants against financial compensation and

agreements certified by a notary; (ii) change of the unit user; and

(iii) hereditary transfer of property.

To confirm and ensure that the names won’t be changed after the municipal decision, the

municipality has set a deadline after which no sale or waiver of rights will be allowed.

The basic principle of the establishment of the market is to allocate one business unit to

every tenant from the municipality through a contract and for rent. Each unit owner in the

market will be allocated one unit in the new market. .

9. Resettlement Measures

In preparation for the relocation process, the contracts have been prepared by the

municipality in coordination with the main actors of the city and representatives of the

market, and they will be signed before moving to the temporary market.

The resettlement process will consist of two stages:

Phase I: Upon the completion of the construction of a temporary market in the western

part of the area, the users will be transferred for a period of about 8 months until the

construction of the new market in the old market site.

Phase II: Upon the completion of the current users’ relocation from the current market to

the temporary one, it will be immediately destroyed to prevent any of the street vendors’

carts that are active in the vicinity of the market to seize any parts of the market. The

timeframe for the new market establishment is about 8 months, during which users will

pursue their business in the temporary market.

Relocation to the new market will be easier since all legal issues and contracts will be

accomplished and resolved before the first stage of the resettlement process to the

temporary market. Each user will be given his unit’s number and location. The units will

be allocated in consultation with the current unit owners and other users.

23

A preparatory meeting will be held with the rights holders before the relocation in order

to remind them of their duties and their rights, as well as the new market regulations and

its maintenance.

Immediately after the completion of the relocation process, the temporary market will be

demolished for the rehabilitation of the Western square according to the designs.

10. Community participation

The parties responsible for the management of the new market project from the

municipality and the Council for Development and Reconstruction were keen on

conducting periodic meetings to explain the project and designs, as well as consultative

meetings to explore the views, demands and concerns of the affected population.

In addition to daily meetings with users in the market, public meetings were held with all

the users.

In the last week of December 2010, all affected parties were invited to participate in

meetings held at the city House (Al Mamlouk) through personal invitations. These

meetings aimed at:

- Explaining how the new market will be managed in order to ensure the success of its

economic goal, increase the number of visitors and present the new market

regulations clauses.

- Mitigating the negative impacts of the project on the beneficiaries.

- Explaining the new market designs and discussing the requirements of the affected

population.

- Confirming the municipality’s promise to resolve the issue of the carts surrounding

the market which adversely affect its economic benefit.

- Explaining the relocation plan to the temporary and then permanent market

On 20/12/2010, the first meeting was held with the vegetable vendors whereas the second

with the clothing vendors.

On the following day, the tenants of semi closed shops were invited.

On the third day, a meeting was held with the owners of stone workshops and polluting

trades.

(For more details about the meetings, refer to the relevant report in Annex 5).

One of the most important outcomes of these meetings was to agree on a formula to

resolve the issue of polluting trades. Meat vendors were persuaded not to slaughter the

animals inside the market and to use refrigerators to display the meat.

It was also agreed with poultry vendor not to sell chicken inside the market and secure an

alternative slaughterhouse, as well as the display in refrigerators.

24

The baker got a unit on the edge of the market for the technical impossibility of installing

a furnace chimney.

Following the meetings and presentation of the new market designs, the dream of a new

high standards market became closer to reality and users started to worry about losing

their livelihood in case the tenants from the municipality refused to renew their contracts

once they obtain their unit in the new market; A debate was started on the contract which

is under preparation by the municipality.

Consultative meetings held with the rights holders of tenants and users in April 2011; that

lasted for five days, in order to discuss the main contract clauses, such as rent, the

contract duration and the reasons for termination.

It was an appropriate opportunity to remind of the market regulations and explain the

relocation mechanism to the temporary and permanent market. The division of the market

by occupation was also discussed as well as units’ distribution. A special meeting was

held with the tenants who did not pay their dues to the municipality, although they have

concluded profitable investment agreements compared to what they pay to the

municipality. Warnings were issued that they would lose their right to a stall in the new

market.

11. Grievance Procedures

The key institutions involved in the implementation and procedures for grievance redress

are 1) the Municipality of Tyre (MOT); and 2) the Council for Development and

Reconstruction (CDR).

A committee composed of the Mayor, TAU member, lawyer of the municipality is

handling the grievance redress mechanism.

The procedure for handling grievances is as follows:

Announcement from MOT to declare the final eligible names of beneficiaries

according to the final census and municipal resolution to resettle beneficiaries from

the old market. Any objection on the draft list can be brought to the notice of MOT

within 10 days

Invitation from MOT to beneficiaries for contract signing;

The affected person files his/her grievance in writing, to the Municipality of Tyre.

The grievance note is signed and dated by the aggrieved person.

In case the aggrieved person is unable to write, s/he obtains assistance from the

municipality and the Technical Assistance Unit (TAU) to write the note and mark the

letter with his/her thumbprint.

The Municipality responds within 14 days during which meetings and discussions are

held with the aggrieved person who will present all necessary documentation during

the discussions.

25

If the aggrieved person does not receive a response or is not satisfied with the

outcome within the agreed time, s/he lodges her or his grievance to CDR which will

refer them to the PMU unit and the Grievance Redress Process.

The municipality in Tyre received 34 objections. (Annex 6: List of objections). The

procedure was handled at the local level. In fact, the Municipal office and technical

support team stayed in constant touch with the market investors, closely following the

changes in the names of users and tenants and trying to collect legal documents for

contracts and units waiver.

Following the survey, the final list of names, including the persons found to be entitled to

rights in the market, as tenant and users, through legal papers and receipts, had been

displayed. Rights holders were given ten days to make any claim or objection and prove

their right by submitting the necessary documents.

Each objection was filed at the Municipality’s Registrar. The complaint was registered in

the book of complaints especially developed for the rights holders’ objections. The

petitioner obtained a receipt bearing the complaint’s number and date to enable him to

make any necessary review.

The municipality followed up, with the technical support team, on the complaints and

verified their validity before correcting the lists.

If the objection was found valid, , petitioner’s name was corrected in the lists; and a

written notification was prepared informing the petitioner of the decision.

All objections submitted to the municipality have been solved amicably, with one

exception, where the petitioner submitted his objection to the Municipality’s lawyer, M.

Adnan Abu Zeid, who convinced him of the invalidity of his complaint.

This mechanism enabled the municipality to prepare a complete file including all rights-

holders who have a legal status in the market.

12. Organizational responsibilities and implementation schedule

The CDR and the Municipality of Tyre are in charge of the Project.

The temporary market has been built. The vendors of the market will move to it as soon

as the RAP is disclosed locally and in the Bank’s infoshop.

The construction of the new market will require 8 months. The users of the new market

will be able to move to their new shops afterwards.

26

13. Monitoring and evaluation

The purpose of the resettlement monitoring in Tyre will be to verify that:

The two phases of the resettlement process of the vendors are implemented

correctly. The first phase includes the RAP from the old market to the temporary

market and the second phase consists of the RAP from the temporary market to

the new market.

Eligible affected people receive their unit in the temporary market and afterwards

in the new market within agreed terms in the contract, design and timeframes.

The PAPs improve or at least restore their income and lifestyle.

The following indicators will be monitored and evaluated:

Standards of living: throughout the implementation process the trends of living

standards will be observed and surveyed to ensure that they are at least restored if

not improved, and any potential problem in the restoration of living standards will

be reported.

The perceived degree of involvement by the beneficiaries

Level of PAPs satisfaction: the level of satisfaction of PAPs with various aspects

of the RAP will be monitored and recorded.

Grievances: what types of grievances have been identified after the

implementation and what were the outcomes.

The CHUD project will start the monitoring work as soon as the RAP has been approved.

The PMU/CDR will undertake regular monitoring of the RAP implementation.

Monitoring will be undertaken starting the relocation date to the temporary market till

one year after the resettlement of the vendors to the new market.

Progress with regard to safeguard implementation will be monitored at different levels.

The Project Management Unit, the Municipal Implementation Unit at Tyre and the

Technical Assistance Unit at the Municipality of Tyre will be responsible for monitoring

the Project. The World Bank will review regular updates on RAP implementation

through the reporting of the PMU and its missions.

Finally, at the end of the project an independent monitoring should be carried out as the

findings would be valuable for any further cultural heritage/urban development

interventions.

The Adjusted Matrix of CHUD Baseline Indicators (Annex 16) has been reviewed and

will include specific indicators to monitor implementation of compliance with the social

safeguards. Component 2 of the Matrix “Improved conditions for enhanced quality of

life” would be modified to take account of the qualitative nature of the process. It will

now include: (i) the perceived degree of involvement by the beneficiaries and (ii) the

degree of satisfaction after resettlement. Both indicators will be graded on a scale from 1

to 5." The PMU at the CHUD Project in coordination with the TAU will conduct the

27

social survey relevant to these two indicators. A questionnaire will be prepared for this

purpose. In addition focus groups will be conducted with the beneficiaries to assess their

needs, identify problems and identify their level of satisfaction with the project.

The CHUD Project will as well identify any issues or cases of hardship resulting from the

resettlement process and it will follow up with grievances in the implementation process

and see that appropriate corrective actions have been undertaken and that outcomes are

satisfactory.

CHUD Project will submit the findings of the periodical monitoring in its quarterly

progress report.

The report will contain:

Data on the progress of the project resettlement implementation

Report progress on the follow up of problems and issues identified

Results of studies (standards of living, level of satisfaction of the beneficiaries, degree of

involvement of beneficiaries).

28

Annex – 1 –

Decision of the Resettlement

Committee

29

30

Annex – 2 –

Al Bawaba Square

Market Field Survey Lists - Tyre

(2009)

31

32

33

34

35

36

37

38

39

40

41

Annex – 2” –

Al Bawaba Square

Market Field Survey Lists - Tyre

(2011)

42

The professions that exist in the popular souk and stall distribution

profession Number of units category

Clothing 27 B1

Perfumes 1 B2

Accessories 2 B2

Telephone 2 B1+B2

Toys 3 B2

Shoes 1 B2

Vegetables 70 A

Butcher 10 C

Coffee shop 2 C

Cassettes and CDs 1 B2

Beans seller 1 C

Dressmaker 2 B1

Bakery accessories 3 B2

Shoe maker 3 B1

Bakery 3 C

Barber 1 C

Poultry 8 C

Loto office 1 B2

Diaries 1 B2

Carpenter 1 C

Home appliances 1 B2

Plumber 3 C

Electronics 1 C

Stationery 2 B2

Warehouse 9 B1+B2 (8)

Closed 7 B2

Key maker 2 C

Total 168

Number Category

B1: L shape 34

B2: Semi closed 32

C: Full closed 32

Total 168

43

Imam Sadr Square/ Tyre: Clothing Shops

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the technical support

unit survey on 13/1/2011

Current user according to the technical support

unit survey on 13/1/2011

Occupation/tr

ade category

1 1 Imad

Fakhouri Imad Fakhouri

Wassila Ahmad karshat

Clothing B1

2 22 Moussa Mhanna

Moussa Mhanna Ali Khalil Abbas Clothin

g B1

3 2 Khadijeh

Muhammad Abdallah

Khadijeh Muhammad

Abdallah Ali Khalil Abbas

Clothing

B1

4 21 Ahmad Moussa Mhanna

Ahmad Moussa Mhanna

Wassila Ahmad karshat

Clothing

B1

5 23 Kamel Saad Kamel Saad Muhammad Nemr

Wehbe Clothin

g B1

6 20 Mahmoud

Abbas houweila

Mahmoud Abbas houweila

Maryam Suleiman Qassem

Perfumes

B2

7 24 Wajiha

Mhanna Wajiha Ahmad

Mhanna Wajiha Ahmad

Mhanna Accessories B2

8 3 Boushra

Bazzi Boushra Bazzi

Khadijeh Hassan Amer

Clothing B1

9 19 Muhammad

Aydibi Muhammad Aydibi Muhammad Aydibi

Clothing B1

10 4 Lamya Ziab Lamya Ziab Anise Mahmoud

Abdallah Clothin

g B1

11 5 Salam Hassan

Salam Hassan Khadijeh Abbas El

Hajj Clothin

g B1

12 6 Ali Darwish Ali Darwish Khadijeh Abbas El

Hajj Clothin

g B1

13 18 Muhammad

Ahmad Aydibi

Muhammad Ahmad Aydibi

Yasser Faysal El Youssef

Shoes B2

14 9 Faten Ali

Jibahi Faten Ali Jibahi

Ahmad Saleh Meselmani

Clothing B1

15 7 Fahd Khalil

Baz Fahd Khalil Baz Fahd Khalil Baz

Clothing B1

16 8 Khadije Abbas El

Hajj

Khadije Abbas El Hajj

Fahd Khalil Baz Clothin

g B1

17 17 Ali Mhanna Ali Mhanna Najah Ibrahim

Duheini Clothin

g B1

44

18 25 Lina

Ghadban Lina Ghadban Lina Ghadban

Clothing B1

19 16 Aya Halabi Aya Youssef Halabi Aya Youssef Halabi Clothin

g B1

20 26 Zahra Halabi

Zahra Halabi Zahra Halabi Clothin

g B1

21 27 Ibrahim

Saad Ibrahim Saad Ibrahim Saad

Clothing B1

22 28 Hala Saad Hala Saad Hala Saad Clothin

g B1

23 15 Wehbe Ziyab

Wehbe Ziyab Wehbe Ziyab Toys B2

24 29 Mira Nahim

Ibrahim Mira Nahim

Ibrahim Mira Nahim

Ibrahim Clothin

g B1

25 32 Zaynab Ismail

Zaynab Ismail Douha Riad Hanafi Clothin

g B1

26 30 Alieh Fadl

Ajami Alieh Fadl Ajami Alieh Fadl Ajami

Clothing B1

27 14 Sayyed Qamshi

Sayyed Qamshi Hanadi Riad Hanafi Clothin

g B1

28 31 Mahmoud

Safa Mahmoud Safa

Ruqaya Hussein Ezzeddine

Clothing B1

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the technical support

unit survey on 13/1/2011

Current user according to the technical support

unit survey on 13/1/2011

Occupation/tr

ade category

29 10 Muhammad

Shehab Muhammad

Shehab Randa Khalil

Suleiman Clothin

g B1

30 13 Ali

Noureddine Ali Noureddine Ali Noureddine

Clothing B1

31 11 Hasan

Hammoudi Hasan Hammoudi

Randa Khalil Suleiman

Clothing B1

32 12 Zaynab

Noureddine Zaynab

Noureddine Zaynab

Noureddine Clothin

g B1

45

Imam Sadr Square/ Tyre: Vegetable Stalls

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the

technical support unit survey on

13/1/2011

Current user according to the

technical support unit survey on

13/1/2011

Occupation/tra

de category

33 97 Khalil

Hammoudi Khalil Hammoudi Khalil Hammoudi

Vegetable

stalls A

34 98 Nasser Abu

Zeid Nasser Abu Zeid Khalil Hammoudi

Vegetable

stalls A

35 99 Hussein

Saleh Hasan Saleh Ahmad Hammoudi

Vegetable

stalls A

36 100 Khodr Saleh Khodr Saleh Ahmad Hammoudi Vegeta

ble stalls

A

37 127 Ikhlas

Houmani Ikhlas Houmani

Youssef kamal Shahtu

Vegetable

stalls A

38 128 Ikhlas

Houmani Ikhlas Houmani

Youssef kamal Shahtu

Vegetable

stalls A

39 117 Hassan Badawi

Hassan Badawi Jihad Fadel el

Jamous

Vegetable

stalls A

40 118 Ahmad Badri

Ahmad Badri Ahmad Badri Vegeta

ble stalls

A

41 101 Hassan Zorkot

Hassan Zorkot Hassan Zorkot Vegeta

ble stalls

A

42 102 Ali Zorkot Ali Zorkot Ali Zorkot Vegeta

ble stalls

A

43 103 Fatmeh

Ghazzawi Fatmeh Ghazzawi

Hayel Khaled Abdel Rahman

Vegetable

stalls A

44 104 Sabra

Hassan Sabra

Sabra sabra Hayel Khaled

Abdel Rahman

Vegetable

stalls A

45 105 Fadi Nazzal Fadi Nazzal Hussein Nazzal Vegeta A

46

ble stalls

46 106 Hani Shour Hani Shour Mustafa Naim El

Hajj hassan

Vegetable

stalls A

47 107 Suleiman

Shour Suleiman Shour Suleiman Shour

Vegetable

stalls A

48 108 Muhammad

daher Muhammad

daher Youssef Rida Najdi

Vegetable

stalls A

49

92

Fadi Nazzal Fadi Nazzal House

Hardware

B2

50 Ali zeidan Ali zeidan Hussein Moussa

Nazzal

House Hardwa

re

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the

technical support unit survey on

13/1/2011

Current user according to the

technical support unit survey on

13/1/2011

Occupation/tra

de category

51 111 Ramez

meselmani Ramez meselmani

Hasan Samih dayekh

Vegetable

stalls A

52 112 Khodr Shour Khodr Shour Khodr Shour Vegeta

ble stalls

A

53 115 Hussein Shaalan

Hussein Shaalan Ghassan Ahmad

Dalbani

Vegetable

stalls A

54 116 Hussein Shaalan

Hussein Shaalan Ghassan Ahmad

Dalbani

Vegetable

stalls A

55 137 Muhammad

Qotaysh Muhammad

Qotaysh Ali Hasan Zorqot

Vegetable

stalls A

56 138 Khalil

Hassan Skayki

Khalil Skayki Ali Hasan Hassan Vegeta

ble stalls

A

57 139 Hassan Ahmad hadraj

Hassan hadraj Hassan hadraj Vegeta

ble stalls

A

58 140 Mustrafa

Hadraj Mustrafa Hadraj Hassan hadraj

Vegetable

stalls A

59 141 Salah Skayki Salah Skayki Khalil Skayki Vegeta

ble A

47

stalls

60 142 Salah Skayki Salah Skayki Khalil Skayki Vegeta

ble stalls

A

61 119 Ali Skayki Ali Skayki Ali Skayki Vegeta

ble stalls

A

62 122 Hussein Skayki

Hussein Skayki Khalil Skayki Vegeta

ble stalls

A

63 121 Abbas Skayki

Abbas Skayki Abbas Skayki Vegeta

ble stalls

A

64 120 Saleh Aqil Saleh Aqil Ibrahim Ahmad

Hammoud

Vegetable

stalls A

65 123 Hasan

Hobballah Hasan Hobballah Ali Safieddine

Vegetable

stalls A

66 124 Ali

Hobballah Ali Hobballah Hussein Ezzeddine

Vegetable

stalls A

67 129 Hasan

Mannah Hasan Mannah

Hasan and Rami Sobhi Saleh

Vegetable

stalls A

68 113 Ali El

Noueiri Abdallah Dib

Hasan and Rami Sobhi Saleh

Vegetable

stalls A

69 114 Ismail Dbouk

Ismail Dbouk Muhammad Fadl El

Noueiri

Vegetable

stalls A

70 147 Muhammad

Noueiri Muhammad

Noueiri Hasan Abed

Vegetable

stalls A

71 143 Taysir

Bawwab Taysir Bawwab Kamal Bawwab

Vegetable

stalls A

72 144 Kamal

Bawwab Kamal Bawwab Kamal Bawwab

Vegetable

stalls A

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the

technical support unit survey on

13/1/2011

Current user according to the

technical support unit survey on

13/1/2011

Occupation/tra

de category

73 126 Abbas salim

Skayki Abbas Skayki Darwish Noueiri

Vegetable

stalls A

74 125 Abbas Salim Abbas Skayki Darwish Noueiri Vegeta A

48

Skayki ble stalls

75 131 Ali Bahr Ali Bahr Ali Bahr Vegeta

ble stalls

A

76 132 Khalil Bahr Khalil Bahr Khalil Bahr Vegeta

ble stalls

A

77 130 Ahmad

Khayrallah Ahmad

Khayrallah Darwish Noueiri

Vegetable

stalls A

78 148 Aqil Moussa

Moussa Aqil Moussa

Moussa Aqil Moussa

Moussa

Vegetable

stalls A

79 110 Walid

Kaawar Walid Kaawar

Shadi Nasser Houweila

Vegetable

stalls A

80 109 Hussein Noueiri

Hussein Fadl Noueiri

Shadi Nasser Houweila

Vegetable

stalls A

81 133 Muhammad

Mannah Muhammad

Mannah Muhammad

Mannah

Vegetable

stalls A

82 134 Qassem Mannah

Qassem Mannah Qassem Mannah Vegeta

ble stalls

A

83 135 Moussa Nazzal

Moussa Nazzal Moussa Nazzal Vegeta

ble stalls

A

84 136 Muhammad

Nazzal Muhammad

Nazzal Muhammad Nazzal

Vegetable

stalls A

85 153 Moufid El

Rahi Moufid El Rahi Ali Hani Zamat

Vegetable

stalls A

86 154 Mustafa El

Rahi Mustafa El Rahi Ali Hani Zamat

Vegetable

stalls A

87 155 Ahmad Darwish Noueiri

Darwish Noueiri Ali Abed Vegeta

ble stalls

A

88 156 Darwish Noueiri

Vegeta

ble stalls

A

89 158 Mustafa Noueiri

Mustafa Noueiri Mustafa Noueiri Vegeta

ble stalls

A

90 157 Hussein Nasser

Hussein Nasser Hussein Nasser Vegeta

ble A

49

stalls

91 152 Ali Qoteish Ali Qoteish Vegeta

ble stalls

A

92 151 Qassem El

Samra Qassem El Samra Hasan El Samra

Vegetable

stalls A

93 146 Hasan

Moussa Daher

Hasan Moussa Daher

Hasan and Ali Nasser

Vegetable

stalls A

94 145 Hussein Maana

Hussein Maana Hasan and Ali

Nasser

Vegetable

stalls A

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the

technical support unit survey on

13/1/2011

Current user according to the

technical support unit survey on

13/1/2011

Occupation/tra

de category

95 150 Ismail Mousa Badawi

Ismail Mousa Badawi

Ismail Mousa Badawi

Vegetable

stalls A

96 149 Muhammad

Qazan Muhammad

Qazan Ismail Mousa

Badawi

Vegetable

stalls A

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

50

119

120

121

122

123

124

125

126

127

128 159 Sharif Hijazi Sharif Hijazi Sharif Hijazi Cobbler B1

51

Imam Sadr Square/ Tyre: Stone workshops

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the technical support

unit survey on 13/1/2011

Current user according to the technical support

unit survey on 13/1/2011

Occupation/trade

category

129 87 Hassan Shahine

Hassan Shahine Ali Shahine Butcher C

130 88 Ali Shahine Ali Shahine Ali Shahine Butcher C

131 89 Kamal Tefla Kamal Tefla Ali Shahine Butcher C

132 90 Ababs Zeidan

Ismail Ali Shahine Ismail Ali Shahine Butcher C

133 63 Salah

Darmasis Salah Darmasis Ghazi Darmasis closed B2

134 93 Muhammad

Shouayb Muhammad

Shouayb Muhammad

Shouayb closed B2

135 50 Abdallah

Khalil Abdallah Khalil Rabih Badawi

Warehouse

B2

136 51 Abdallah

Khalil Abdallah Khalil Rabih Badawi

Warehouse B2

137 82 Khalil Yahya Khalil Yahya

Rabih Badawi Coffee shop C

138 91 Enaam Awad Enaam Awad

Rabih Badawi Coffee shop C

139 79-78-96-95 Adnan El Sharqawi Adnan El Sharqawi Adnan El Sharqawi Poultry C

140 80 Yahya Awad Yahya Awad Yahya Awad Butcher C

141 81 Itidal

Shahine Itidal Shahine Adnan Awad Butcher

C

142 85 Adnan Awad Adnan Awad Adnan Awad

Butcher C

143 86 Kamal

Shahine Kamal Shahine Adnan Awad Butcher

C

144 83 Mohsen

Jaafar Mohsen Jaafar Adnan El Rahi فوال C

145 84 Nazih El

Zein Nazih El Zein

Warehous

e B2

146 64 Yassine el

Ashkar Yassine el Ashkar Hamida Muhammad

Toulam Dressmak

er B1

147 65 Fatmeh Mustafa Fatmeh Mustafa Yassine el Ashkar

Bakery accessorie

s B2

148 66 Fadi el Ashkar Fadi el Ashkar Fadi el Ashkar

Bakery accessorie

s B2

الصعيدي خليل 49 149 الصعيدي خليل الصدقات صندوق Warehous B2

52

e

ذياب انعام 67 150 ذياب انعام علي احمد حسن Cobbler B1

شاهين ديب 68 151 شاهين ديب شاهين ديب

CDs and Cassetes B2

عوض غسان 69 152 عوض غسان عوض غسان

Manakish Bakery C

شغري الهام 70 153 شغري الهام عوض غسان

Manakish Bakery C

Unit No. according to

the Municipal

records

Unit No. in the

temporary market

Basic right holder

according to the

Municipal records

Basic right holder according to the technical support

unit survey on 13/1/2011

Current user according to the technical support

unit survey on 13/1/2011

Occupation/trade

category

154 71 Ahmad Shahine Ahmad Shahine Ghassan Awad

Manakish bakery C

155 72 Ali Shehab Ali Shehab Ali Shehab barber C

156 60 Khalil

Roumieh Khalil Roumieh Ibrahim Roumieh poultry C

157 73 Fatmeh

Rifai Fatmeh Rifai Moussa Naboulsi Loto B2

158 74 Zuheir Awad Zuheir Awad Leila Meshaal Toys B2

159 75 Bilal Awad Bilal Awad Leila Meshaal

accessories B2

160 94 Hasan Awad Hasan Awad Hasan Awad Butcher C

161 76 Hasan Rifai Hasan Rifai Hasan Rifai

Dairy products B2

162 77 Raef

Qarouni Raef Qarouni Raef Qarouni Butcher C

163 56 Muhammad

Moussa El Ahmad

Muhammad Moussa El Ahmad

Muhammad Moussa El Ahmad Cobbler B1

164 40 Zaynab Dahi Zaynab Dahi Zaynab Dahi closed B2

165 41 Zaynab el

Halabi Zaynab el Halabi Muhammad Sheghri Cellular phones B1

166 42 Nadia

Mohsen Nadia Mohsen closed

B2

167 57 Ali Roumieh Ali Roumieh Ali Roumieh Poultry C

168 58 Hassan

Roumieh Hassan Roumieh Hassan Roumieh Poultry C

169 59 Muhammad

Roumieh Muhammad

Roumieh Muhammad

Roumieh Poultry C

170 44 Ali Bahr Ali Bahr Ali Bahr

Warehouse B2

171 43 Haidar Bahr Haidar Bahr Ali Bahr

Warehouse B2

172 62 Hamad Khalaf Hamad Khalaf Hamad Khalaf

Paper products B2

173 47 Yasser Saad Yasser Saad

Adnan Salim El Ashkar Plumber C

53

174 48 Yasser Saad Yasser Saad

Adnan Salim El Ashkar Plumber C

175 45 Youssef Hodroj Youssef Hodroj Youssef Hodroj

Electronics C

176 46 Rida El Ashkar Rida El Ashkar Rida El Ashkar Plumber C

177 52 Ahmad

Hamoudi Ahmad Hamoudi Ali Maksoud Carts

carpentry C

178 33 Douha Hanafi Douha Hanafi

closed B1

179 61 Mahmoud

Khalaf Mahmoud Khalaf Mahmoud Khalaf Paper

products B2

180 34 Ali Akil Ali Akil

Abdel Rahman Muhamamd Alawi Toys B2

181 35 Abdallah

Srour Abdallah Srour closed

B2

182 36 Hussein Harkous Hussein Harkous

Mummad Walid Dalawaty

Warehouse B2

183 37 Isaaf Kahil Isaaf Kahil

Mummad Walid Dalawaty

warehouse B2

184 38 Wahideh

Ajmi Wahideh Ajmi Wahideh Ajmi dressmak

er B1

185 39 Kamal

Dalbani Kamal Dalbani closed

B2

186 53 Jawad

Safieddine Jawad Safieddine Jawad Safieddine keys C

187 54 Souha

Muhammad Bahr

Souha Muhammad Bahr Jawad safieddine keys C

188 55 Hanan and

Wafa Nasser

Hanan and Wafa Nasser

Hussein Moussa Nazzal

warehouse B2

54

Annex – 2* –

Municipal Decision on

Final Lists

55

56

Annex – 3 -

Representative

Committee Election Minutes

57

Technical Assistance Unit – Municipality of Tyre

Cultural Heritage and Urban Development

Council for Development and Reconstruction

No.:

- Minutes of the election of representatives of rights holders and

users in the public market located in Imam Sadr Square (Al

Bawaba(

In the framework of the Cultural Heritage Project, funded by the World Bank and the

French Agency for Development, specifically the second phase which includes the

rehabilitation of Imam Sadr Square through the creation and reorganization of parking

lots, the establishment of transportation and buses hubs, rehabilitation, restoration and

reorganization of the old public market, establishing public restrooms and other vital

services which meet the health and environmental requirements and preserve the

aesthetic shape of the main entrance to the old city.

In preparation to initiate the restoration work and the organization of the public market

in the framework of the project above;

And as an implementation of the resettlement plan of the tenants of commercial units

on the market in question prepared by the Technical Assistance Unit in coordination

with the project management unit of the Cultural Heritage Project;

And with a view to communicate directly and discuss constructively with the Project

beneficiaries in order to achieve the desired goals, especially following the visit of Mrs.

Gloria Lakava, the social expert at the World Bank and the interviews she conducted in

person with them;

And at the request of the Council for Development and Reconstruction through the

Project Management Unit in order to create a formal channel of communication with

the beneficiaries, within the framework a general strategic communication plan which

will be prepared at the level of the Project Management Unit and the Technical

Assistance Unit of the Municipality of Tyre;

58

And based on its mandate to prepare nominal lists of elected persons and

representatives of the beneficiary groups, the Technical Assistance Unit of the

Municipality of Tyre undertook with the following:

First: review the file of the tenants and users of Al Bawaba public market prepared by

the Cultural Heritage Project Management Unit at the Council of Development and

Reconstruction, where three categories of beneficiaries were found, according to their

business unit’s nature and place of investment. These are successively:

The tenants of the stone market, where the commercial units are built of stone and

concrete, located to the north east of the public market. It hosts various heterogeneous

commercial activities.

The tenants of the vegetable market which is located in the middle of the public market.

It consists of open-sided stalls , shaded by one common roof, used to sell fruits and

vegetables.

The tenants of the clothing market which is located at the end of the public market, to

the south-west; it is mainly used to sell garments and linens.

Second: direct coordination with the Head of the Municipality’s Tax Collection office,

Mr. Nasser Najdi, in charge of collecting the rent from users in the popular market for

the benefit of the municipality, in order to prepare elected lists of rights holders

according to the categories mentioned in the previous section, to coordinate and

officially follow-up with the supervising, monitoring, funding and beneficiary bodies of

the project.

Third: the preparation of matrixes with the names of the representatives of the Project’s

beneficiaries in the public market on 23/ 3 / 2010, after granting them one week of

consultation to elect who will represent them during the meetings to be held in the

future, whether with the Council for Development and Reconstruction or with the

Municipality of Tyre to take decisions on their situation and the fate of some of the

professions within the market.

Whereas it was agreed unanimously, through written signatures, on the assignment of

each of the following names contained in the tables below as legal representatives, with

the mandate of carrying out all the discussions and decision-making processes with

stakeholders.

59

Tyre, 23 March, 2010

Technical Assistance Unit – Municipality of Tyre

Cultural Heritage and Urban Development Project

Council for Development and Reconstruction

Position Committee of the owners of stone shops

(various trades)

President Ali Rounieh

Member Ismail Shahine

Member Jawad Safieddine

Member Ghassan Awad

Member Ali Shehab

Position Committee of the owners of clothing stalls

President Muhammad Mahmoud Aydibi

Member Ahmad Saleh Meselmani

Member Weheb Muhammad Diab

Position Committee of the owners of vegetable stalls

President Hussein Nazzal

Member Ali Hani Zamat

Member Muhammad Mannah

Member Khalil Hamoudi

60

Annex – 4 –

Decision on the

trades allowed to be exercised in the new

market

61

62

63

Annex – 5 –

Minutes of the

consultative meetings held on 20-27-29 December, 2010

64

65

66

67

COUNCIL FOR DEVELOPMENT AND RECONSTRUCTION CULTURAL HERITAGE AND URBAN DEVELOPMENT PROJECT MANAGEMENT UNIT

Report on the Consultations meeting with the vendors of the

public Market of Tyre

4 public hearing held on 20, 27 and 29 December 2010

January 2011

68

A. What are the issues on which there need to be consulted?

The target of the first round of consultation with the people who are affected by the market project and to inform them about positive changes that could affect them.

The spoken language is the Arabic, with simple terminology.

Several main messages constitute the aim of these consultations meeting:

- Operating successfully the public market to provide economic opportunity and to increase the number of visitors to the market and the public space.

- Minimizing the negative impact on the stakeholders and the affected people by the project

- Showing the plans of the new market and define his role.

- Explaining the municipality will to resolve the chaos caused by the street vendors.

- Defining the market manager who will be responsible on operating the market and enforcing the regulations of the market

- Introducing the steps of resettlement to the temporary and later to the new market.

B. Who are the key stakeholders who needed to be consulted?

The project affected people i.e. the vendors expected to relocate to the new market, that have been listed in the census before the cutoff date. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. The first day consisted of 2 sessions held on Monday 20/12/2010. The first session was for the individual vegetables vendors expected to relocate to the new market area while the second meeting was for the clothes vendors. 19 vendors attended the meeting; 3 of them are from the syndicate, they represented the missing vendors. Most of those who attended the meeting operate several places and represent their relative. 33 clothes vendors’ attended the second sessions. The third meeting was for the semi closed places (professions stalls). 32 vendors attended this meeting.

69

The fourth session (the third day) was conducted on Wednesday 29/12/2010 with 9 negatively affected people (closed places) who may loss their income if they don’t obey the new regulations like the butcher since that slaughtering will not be allowed in the new market for hygiene reason, the chicken vendors since no live animal are allowed in the market and the steel worker since that he will have to move his workshop from the market and use his space only for exposition.. A representative of the dominated political party in the city who is known to have views on issues being addressed by the project assisted in the conversation and he had a small intervention in explaining the concern of the entire group in charge of implementation the new market including the municipality, the representative of the city, the CDR, the Contractor for the benefit of the vendors and the city… the party he represent can play an important role in shaping the views of some of the directly affected stakeholders, or in otherwise influencing project implementation.

Pic.1 The representative of the dominated political party in the city promising the vendors that the market project will be implemented as seen in the presentation and that the execution will be start as soon as they give their commitment to the project.

4 Representatives from the municipality attended the first meeting; one of them has found the opportunity to know the details of the new market and to be informed of the project’s objectives and activities. In the fourth meeting 3 representatives participated

70

and they were involved in the discussion and guarantee the realization of the new market after moving to the temporary market. Also representatives of media assisted to the meetings, participated in the conversations and they were interested in having the presentation. The days following the consultations session, they wrote positive article concerning the consultations meetings and the design of market.

C. What form did the consultation take?

The TA/PMU organized 3 consultation days with different stakeholder groups. The scope of these sessions varies from one audience to another. These sessions are divided to 4 public hearings depending of the audience, in addition to the daily one-to-one information. The vendors in each group were informed personally orally and by a written invitation and signed a delivery certification.

71

Pict.2 sample of the invitation to the consultation that will be held on the 20/12/2010 signed by the trader of the stall number 58 on 17/12/2010, stating that he confirm the receipt of the invitation to the house of the city to discuss the resettlement plan and the new stalls.

Pict.3 sample of the invitation to the second consultation day (27/12/2010) sent to city representative (representative of the Project-affected people)

72

D. Where the consultations are held?

The consultations are held in the “Mamlouk house”. The choice of this location is justified by two reasons:

o The “Mamlouk house” is restored buy the CHUD project and have been a place of cultural meetings and exposition. It’s known by the entire city as the “house of the city”. It’s well known location reduce the possibility of confusion on the location of the consultations

o It’s location near the actual market (place of work of the directly affected stakeholder) avoid the need of transport facilities.

o The meetings are held in a big hall where all participants are seated comfortably, where everyone can listen, watch the presentation and participate in the discussions.

E. When the consultations are conducted?

The first day of consultation consisted of 2 sessions held on 20/12/2010 with the vegetables vendors and the clothes vendors. The second consultation was supposed to be held on 22/12/2010 but it was postponed to the next Monday 27/12/2010 for 2 reasons:

The lack of time to inform in written all the vendors

To give the opportunity to the CHUD team to have a meeting to evaluate the first sessions and to discuss the improvement of the presentation.

The third consultation day was held on 29/12/2010.

To ensure that all stakeholders are given an opportunity to attend, vendors from different groups were allowed to participate in any other meeting session if they couldn’t attend their scheduled meeting for any reason.

F. Documenting and disseminating the results:

Copies of minutes of the consultation to record the issues discussed and the agreements reached will be available in Arabic with the TAU and the municipality.

Photos were taken during the consultation and an attendance sheet was signed by all the audience.

73

At the end of the consultation meeting the participant were informed by the project team that they can have access the record of consultation at the TAU offices that, with the municipality, are ready to answer all the clarifications raised by the vendors who can also check their places in the new market in the plans. The team suggested that any complain or question raised by stakeholders, after these information meetings, should be registered in written in the TAU office.

The consultation minutes: Due to late arrival of the vendors, the first session started on 11:30am. And the second session started at 12:20am . Before the beginning of the sessions, an attendance sheet was signed by all the audience.

Pict.4 sample of the attendance sheet which was signed by the vendors in each session

The sessions started with a presentation and were completed by an open discussion. The presentations included the followings:

Importance of the market considering his location and his economical benefits.

74

A briefing of the actual market situation accompanied by photos : bad ventilation, lack of lighting, the chaos, the waste, the small walkway, the electrical cables, the bad smell, the lack of sanitary condition, the extension of some stalls to the parking, the competition of the fly market and a commentary on their negative impact on the market.

Exposure of the old design and explaining how the concern of the financier, the municipality and the PMU to take into consideration the anxiety of the vendors and the resolution of all the actual negative issues, have lead to the new design of the market even thought it caused the delay of the project. Followed by brief justification of the aim the CHUD project and its objective to succeed the public market to attract new life to the old city and ameliorate the economical situation.

Presentation of Plans and perspective of the new market during which the team explained and clarify details and methodology that reach to this final outcome solving the problems such as joining the 2 parts of the market so that both parts can profit from all visitors, the entrances, the height of the roof (which provide a good ventilation and a better illumination), the stalls, the materials used, the width of the walkway, repartition of the vendors… the perspective plan of the market was very useful to calm the anxiety of the vegetable vendors. They agreed on the shape and the size of the stalls.

Explication of the rules and guidelines for compensation distribution of the pitches and the methodology applied consistently throughout the resettlement plan.

Briefing of some Promotional and Marketing ideas and activities that can be performed in the market or the public area and which will help revitalizing the neighborhoods and the market and will increase the visitor’s number.

At the end of the presentation, the resettlement to the temporary market was discussed and agreed by the vendors.

After the presentation, the consultant explained the schedule of implementation of the new market

75

Pic.5 All questions raised by the audience were answered seriously. All vendors were treated fairly.

76

G. Reflecting the results of consultations in project design and

implementation

Recommendations of the first consultation day can be divided into 5 categories:

1- Issues that can be addressed through changes in project design: some dresses vendors asked to exchange their places in the new market. Friends or relative wanted to use adjacent places to be able to alternate their presence. Promises were given to these ladies to take into consideration their demands after passing to the TA office to study the availability of these places.

2- Issues that can be addressed later on during or after the project implementation:

Some vendors asked to increase the working hours in the market for 2 reasons:

The dresses vendors and the bakers asked not to limit the working hours since that the new public space next to the market will attract audience to unlimited time during the day and night.

The vegetable vendors commented that the late working vendors will protect the market specially that some unpleasant actions are actually happening in the dark after closing the existing market during the night.

The PMU, after explaining that the new market will be illuminated and secured during the night, promised to discuss this issue with the municipality who is the decision maker in the market.

An important issue was raised by must of the vendors (of all trades); they have concerns that after moving to the temporary market, the new market project will not be executed and that they will have to leave their actual places. The absence of the municipality representative in the second consultation day confirmed their concerns. Before the third meeting the CHUD team urged the mayor to be represented to relieve their anxiety and to proof the involvement of the municipality. 3 members of the municipality attended the fourth meeting (3rd consultation day) and they promised to deliver each vendor a memorial from the municipality stating the actual number of each stall (a running number was given to each kiosk), it’s number in the temporary market (as a reference to know the location in the new market in the drawing) and it’s expected location and pitch number in the new market.

3- Issues that are beyond the scope of the project and are better addressed through alternative projects: none of these issues were raised in these consultations. Vendors were well informed about the consultation reason.

77

4- Issues that cannot be addressed by the project due to technical, jurisdictional or excessive cost-associated reasons:

2 family related clothes vendors asked to open/remove the partition between their adjacent places to enlarge the selling space. The team was very strict by answering these kinds of questions; the regulation is clear: the municipality is the owner of all pitches “no erection or change in the structure of the stall is allowed” and that the regulations will be firmly and equally applied specially that some vendors thought that their political leader or their representative in the municipality will give them special treatment.

A couple of vegetables vendors suggested to be compensated by money during the implementation works of the new market and avoid moving to the temporary market. The team explained that the World Bank as being the project sponsor has collaborated with the city municipality in the distribution of compensation which will be stall-for-stall compensation.

5- Issues raised and answered during the consultation that have been already solved by the design or related document such as the regulations of the market or the operation plan: Concerns were raised by the vegetables vendors concerning the identity of

the market manager and the procedure to hire him. The anxiety of the vendors was calmed down after explaining that the municipality will assign that person and he will be responsible to administer the market.

The vegetable vendors urged to have firm regulations to protect their

business and the market especially from the street vendors; the regulations of the market were briefly explained to release the fear of the vendors and to show that the chaos will not be allowed in the new market.

Questions related to the selling area assigned to each vendor were asked

by all vendors, the dimension of each stall, width of the walkway between the stall, the methodology used when assigning the places. The discussions were easier with the vegetable vendors and harder with the clothes vendors who were seeking for a wider displays area. After a detailed explanation from the consultant who gave the dimensions of the stalls, they were satisfied.

Concerns of loosing the clients of the market after the relocation of the

market. These concerns were minimized after explaining that the New Market will be constructed in the same land of the old market after displacement of all traders to a temporary market constructed for this issue accordingly the market will not loose its potential numbers of clients.

78

The vendors preferred if the displacement to the temporary market was avoided by exploring alternative projects design. The CHUD team explained that the displacement to a temporary market is unavoidable, due to the change in the design requested by the stakeholders, the municipality and the city representatives to keep the intended location as an open public space.

6- Issues on which explicit agreement has been reached between stakeholders and

municipality (and the CHUD team): Before the fourth session, One-to-one informations were held with the negatively affected operator (polluted operator), who will have to abide to the new market regulations, to decrease the pressure in the forth meeting.

5 Butchers (3 for meat and 2 for chicken) were informed that live animals and

slaughtering in the new public market is forbidden for sanitary reasons and that all meat entering the market must be properly covered to avoid contamination. Moreover barbecue is not allowed in the new market. Since that a municipal decision forbid slaughtering in the whole city, it’s allowed only in

the municipal butchery, it was easy to convince the 3 butchers to abide to that law. The butcher Hassan Awad used to grill meat in the middle of the old market. After that he attended the third meeting (even though he wasn’t invited, his turn was the fourth meeting), he was able to see the design of the new market and the location of his place, he was convinced that the new market and his place at the sea side entrance next to the parking will attract more customers. We were surprise that it was very easy to convince him not to grill in his new place.

An electricity provider located since 1993 was paying rents to the

Municipality. His name is Kassem Hassan Ahmad. His generator used to produce heat, noise and bad smell in the market. His used to provide electricity to the neighborhood and to the municipality. During the preliminary design of the market, the municipality agreed with him to facilitate his displacement from the market to another area. Now, he is the biggest electricity provider in the Hosh area in the north side of the city. (he moved before the census agreed by the municipality).

Ghassan Awad is a “manakish’ baker. In the new market, he will get a

closed place on the sea side of the market. After the individual meeting with him, we agreed to give him a place on the border so that a small shaft can be fixed fixing on the roof.

Hairdressers were given closed shop at the sea side because they need

special infrastructures and they were satisfied about their location.

The negotiation with the steel worker is still ongoing. In the existing market, he operates three adjacent places; he extended his workshop to benefit

79

from an extra area from the parking. It’s hard to convince him that all his goods shall be contained within his licensed pitch area and shall not be projected beyond. The municipality decided that his place will be a selling place not a workshop. The negotiation between the municipality and the forger is still ongoing to reach an agreement. One of the solutions suggested by the municipality is that he keeps two places in the new market and from the rent amount of the third place he can rent a workshop in the industrial zone. In the meeting of 29 December, he showed a positive attitude about negotiating the municipality.

After these individual meetings with the negatively affected operators, the meeting of 29 December 2010 passed smoothly without objection.

At the end of the consultation, promises were given to the vendors to take into consideration their suggestions. The last note was that the municipality and the TAU are ready to answer all the clarifications of the vendors who can check their places in the new market in the plans with the TAU. Before leaving the vendors were asked individually if they are satisfied after the session, and the surprise was that the vendors began to ask about dates of the resettlement to the new market. The consultations provided the audience with a clear understanding of how the project and the changes it will bring about will have an impact on them. The target of the consultation was reached, and the audience/vendors confirmed to corporate with the implementation group of the new market (municipality, TAU/CDR, Contractor). Actually and after days of the consultations, the vendors are following the day to day planning of the market; they are convinced that the new market will be executed for high-quality specifications and that the resettlement will provide opportunities to improve their business and increase their turnover and that the distribution of places is adequate.

80

Pic.6 The audience of the 2nd communication day (3rd session) .

Pic.7 The audience of the 1st communication day (2rd session)

81

Pic.8 The audience of the 3rd communication day (4th session)

82

Annex – 6 –

List of Complaints

83

Table of the objections and complaints concerning the public market from 01/06/2011 to 08/06/2011

Transaction Number

Number Date Name Unit

Number Subject of Complaint Current Situation

Previous Situation

Recommendation Decision Comments

710 710/1 1/6/2011 Asmahan Youssef Mehanna

5 Change the tenant’s name by virtue of a waive contract

Asmahan Youssef Mehanna

Kamel Saad N/A Modify the name

710 710/2 1/6/2011 Hoda Sayed Mohammad Bahraini Qamsh

6 Change the tenant’s name by virtue of a waive contract

Hoda Sayed Mohammad Bahraini Qamsh

Mahmoud Hoila

N/A Modify the name

710 710/3 1/6/2011 Bushra Bazzi 8 Error in the name instead of Khaled Bazzi by virtue of a receipt

Bushra Bazzi Khaled Bazzi N/A Modify the name

710 710/4 1/6/2011 Ahmad Amin Aidibi

14 Change the tenant’s name by virtue of a waived contract

Ahmad Amin Aidibi

Ahmad Saleh Mesalamani

N/A ........

710 710/5 1/6/2011 Ali Qasim Mehanna

17 Change the tenant’s name by virtue of a waived contract

Ali Qasim Mehanna

Mohammad Nimer Wehbi

N/A Modify the name

710 710/6 1/6/2011 Aya Youssef AL-Halabi

19 Change the tenant’s name by virtue of a waived contract

Aya Youssef AL-Halabi

Eva Ghadban

N/A Modify the name

710 710/7 1/6/2011 Mira Naeem Ibrahim

24 Change the tenant’s name by virtue of a waived contract

Mira Naeem Ibrahim

Ahmad Ali Hmoudi

N/A Modify the name

710 710/8 1/6/2011 Mohammad Ali Hmoudi

27 Change the tenant’s name by virtue of a waived contract

Mohammad Ali Hmoudi

Sayed Qamshee

N/A Modify the name

710 710/9 3/6/2011 Ali Mahmoud Zarkt

42 Change the tenant’s name by virtue of a waived contract

Ali Mahmoud Zarkt

Hassan Mahmoud Zarkt

N/A Modify the name

710 710/10 3/6/2011 Hussein Moussa Nazal

50 Change the tenant’s name by virtue of a waived contract

Hussein Moussa Nazal

Ali Zaidan N/A Modify the name

710 710/11 3/6/2011 Hassan Samih Dayekh

51 Change the tenant’s name by virtue of a waived contract

Hassan Samih Dayekh

Ramez Meslamani

N/A Modify the name

710 710/12 4/6/2011 Ali Hani Zamat 85 Change the tenant’s name by virtue of a waived contract

Ali Hani Zamat Moufid Al Rai

N/A Modify the name

84

Transaction Number

Number Date Name Unit

Number Subject of Complaint Current Situation

Previous Situation

Recommendation Decision Comments

710 710/13 4/6/2011 Hani Ali Zamat 86 Change the tenant’s name by virtue of a waived contract

Hani Ali Zamat Mostafa Al Rai

N/A Modify the name

710 710/14 6/6/2011 Darwish Fadel Nueiri

87 Change the tenant’s name by virtue of a waived contract

Darwish Fadel Nueiri

Mohamad Darwish Nueiri

N/A Modify the name

710 710/15 6/6/2011 Hassan Dahir 93 Change the name of the tenant

Hassan Dahir Hassan Ali Ghzayel

N/A Modify the name

710 710/16 6/6/2011 Hassan Dahir 94 Change the name of the tenant

Hassan Dahir Safi Hassan Ghzayel

N/A تعديل االسم

710 710/17 6/6/2011 Ghazwan Moussa Badawi

95 Change the tenant’s name by virtue of a waived contract

Ghazwan Moussa Badawi

Ismail Moussa Badawi

N/A Modify the name

710 710/18 6/6/2011 Sherif Hejazi 128

He invested in a stall in the vegetable

market and use it to work as a cobbler

Sherif Hejazi Sherif Hejazi N/A

Give him a shop in the new market

(B1)

His name was

mentioned in the 2008 statistics and has

been practicing

the profession of cobbler

710 710/19 7/6/2011 Hassan Ali Shahine

129 Change the name of the tenant

Hassan Ali Shahine

Nabil Hemoudi

N/A Modify the name

710 710/20 7/6/2011 Ali Hassan Shahine

130 Change the name of the tenant

Ali Hassan Shahine

Hussein Hamoudi

N/A Modify the name

710 710/21 7/6/2011 Fadi Yassin Alashar

148 Change the name of the tenant

Fadi Yassin Alashar

Yassin Reda Alashar

N/A Modify the name

710 710/22 7/6/2011 Zainab Dahi 164 Change the name of the tenant

Zainab Dahi Abbas Awad N/A Modify the name

710 710/23 8/6/2011 Ahmad Ali Hemoudi

177 Change the tenant’s name by virtue of a waived contract

Ahmad Ali Hemoudi

Ibrahim Hussein Skiki

N/A Modify the name

710 710/24 8/6/2011 Doha Riad Hanafi

178 Change the tenant’s name by virtue of a waived contract

Doha Riad Hanafi Adnan Salim Alashar

N/A Modify the name

710 710/25 8/6/2011 Sayel Khaled Abdul Rahman

43 - 44 Error in writing the name

Sayel Abdul Rahman

Hayel Abdul Rahman

N/A Modify the name

85

Transaction Number

Number Date Name Unit

Number Subject of Complaint Current Situation

Previous Situation

Recommendation Decision Comments

710 710/26 8/6/2011 Hassan Haballah

123

There is another investor for his unit his name is Hussein Ezzeddin

Hassan Haballah Ali Safieddine

N/A

Contact Ali Safieddine and make sure that he willingly left the unit

710 710/27 8/6/2011 Atif Ali Ghzayel 96 He invests in the stall 96 with Ismail Moussa Badawi

Atif Ali Ghzayel Ismail Moussa Badawi

N/A

Add the name of Atef Ali Ghzayel because he pays the tax to the municipality

710 710/28 8/6/2011 Hamad Moussa Hamoud

113

His name is not mentioned on the municipal lists, and Hamida Kelm invests his stall

Hamida Kelm Hamida Kelm

N/A

Cannot give him a stall because his name is not mentioned on the table of 2008 statistics

710 710/29 8/6/2011 Mohamad Meghniyeh

115 His name is not mentioned on the municipal lists

N/A

Cannot give him a stall because his name is not mentioned on the table of statistics 2008

710 710/30 8/6/2011 Ismail Ali Shahine

132 Change the tenant’s name by virtue of a waived contract

Ismail Ali Shahine Abbas Zaidane

N/A Modify the name

710 710/31 8/6/2011 Yehya Awad 141 Error in registering the name of the investor

Yehya Awad Adnan Awad N/A Modify the name

710 710/32 8/6/2011 Ibrahim Roumiyeh

156 Error in registering the name of the investor

Ibrahim Roumiyeh Khalil Roumiyeh

N/A Modify the name

86

Transaction Number

Number Date Name Unit

Number Subject of Complaint Current Situation

Previous Situation

Recommendation Decision Comments

710 710/33 8/6/2011 Hanan and Wafaa Nasser

188

Someone from Kassab family is investing in it instead of Hussein Moussa Nazal and he is using it to sell meat

Hanan and Wafaa Nasser

Hussein Moussa Nazal

N/A

Make sure if Hussein Nazal was expelled from the unit and in case they agreed together that this place cannot be used to sell meat because it is classified as a Semi closed warehouse

87

Annex – 7 –

Site plan of the current public

market:

88

89

90

Annex – 8 –

Site plan of the temporary and new

public market:

91

92

Annex – 9 –

Design plan of the temporary market

93

94

Annex – 10 –

Design plan of the new market

95

96

97

98

99

Annex – 11 –

Models of the market and units

100

101

102

103

Full closed

104

L shape

105

Semi Closed

106

Annex – 12 –

Table of Units Distribution in the old

market

107

108

Annex – 13 –

Table of Units Distribution in the temporary market

109

110

Annex – 14 –

Socio-Economic Questionnaire

111

Council for reconstruction and development CHUD Project

Technical Assistance Unit – Municipality of Tyr

Socio-economic questionnaire for users of the popular market Resettlement Action Plan of the Market

1. Questionnaire number ----------- 2. Commercial unit number ----------- 3. Location ----------- 4. Type of commercial activity ----------------------- 5. Surface of the commercial unit (m²) ----------- 6. Height of the ceiling ----------- 7. Characteristics -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Part I: 8. Name -------------- 9. Nationality -------------- 10. Phone number -------------- 11. Address ---------------------------------------------------------- 12. Age group

□ 15-24 □ 25-39 □ 40-54 □ 55 and above 13. Marital status

□ single □ married □ divorced □ widow □ separated 14. Full name of the right holder ------------------------ 15. Remarks -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Part II: Socio-economic information 16. Type of commercial activity ----------------------- 17. Date of beginning of work ----------------------- 18. Value of monthly rent (paid to the municipality) ----------------------- 19. Value of monthly allowance (paid to the right holder) ----------------------- 20. Working hours in the unit ----------------------- 21. Number of persons working in the unit (Lebanese or other nationalities) -----------------------

112

22. Monthly income: □ less than 500 000 Lebanese pounds □ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds □ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds □ between 500 000 Lebanese pounds and 1 000 000 Lebanese pounds □ less than 500 000 Lebanese pounds

23. Educational level:

□ does not read and does not write □ read and does not write □ academic or technical studies □ does not read and does not write □ completed elementary studies □ completed primary studies □ completed secondary studies □ completed university studies □ completed advanced studies

24. Household size including mother and father: ----------------- 25. Do you have a social security scheme? □ yes □ no Part III: Socio-economic information concerning the wife and children 26. Does the wife work outside the house? □ yes □ no 27. If the answer is “yes” what is her job? -------------------------------- 28. Does the wife work inside the house? □ yes □ no 29. If the answer is “yes” what is the type of her job? -------------------------------- 30. How much does she earn per month? ---------------------------------- 31. Socio-economic data concerning the children

Child Age Enrolled at school

technical Not enrolled in school

Type of work

Income per month

1

2

3

4

5

6

7

8

9

113

32. Proposed activities to enhance the socio-economic situation of the family: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 33. Remarks: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

114

Annex – 15 –

Sample Contract

115

LEASE CONTRACT

AMONG THE UNDERSIGNING PARTIES

First Party: Tyre Municipality – represented by the Mayor engineer Hassan

Mohammed Toufic Dbouk

And

Second Party:

Introduction to the contract

- Since the first party is managing the property number /2363/ of the Tyre region real estate, which consists of a land of 16740 square meters now includes an old popular market and an empty area called “sahat al Kassam” to the entrance of Tyre’s port.

- As the second party is running in the popular market a commercial shop. - As the Municipality is in the process of developing and improving the aforementioned

property and the replacement of the current market with a new advanced one according to plans and drawings that have been observed and approved by the Second Party, and the municipality presented to the second party to move to a temporary market located in the northwest corner of the property in question pending the demolition of the old market and the construction of the new market in its place by when the second party a shop in return of the old one according to the terms and implications of this contract.

So it was agreed in satisfaction and mutual acceptance between the two parties on the

following:

First: The introduction with all its parts is considered as an integral part of this

contract and complementary to it.

116

Second: Both parties agreed that the second party will evacuate the shop in the current

market (the old) and move to the temporary market described in the

introduction, specifically to the shop, which holds no.- ..........- for a period of up

to seven months from the date of relocation pending within the deadline

specified replacement of the old market building with a new own, and lastly

handing over to the second party in the final new market the shop no.- ..........-.

Third: the term of this contract is fifteen years, renewable for the written consent of

both parties and for a period agreed upon at the time.

Forth: The monthly rent agreed upon between both parties to be Paid from the second

party to the first party for the occupation and use of the facilities, is the amount

of one hundred thousand Lebanese pounds from the date of delivery of the

shop in the new market; the second party vows to pay it in advance at the

beginning of each month at the Municipality and that the failure to pay of two

installments consecutive will lead to termination of this contract and on his

responsibility; It is also agreed that the rent specified above shall be subject to

the same value of the increase occurring to the minimum wage increase and

accordingly increase with the same percentage.

Fifth: The usage of the above mentioned shop is only for the sale of....................

Sixth: The second party vows to preserve the shop handed over to him and maintain

at his own expense in order to keep it always in good condition and suitable for

use in accordance with the allocated usage without any modifications of any

kind.

Seventh: The second party vows to preserve the cleanliness of the shop and the

cleanliness of the market, and display items in an orderly manner without

exceeding the boundaries of the said place and keep the pedestrian corridor

without any encroachment or surpasses by him.

117

Eighth: It is not allowed for the second party assignment of this contract in whole or in

part, to anyone in any way, for only one exception where the second party may

grant the right to invest the said shop to a third person for a limited period of

maximum up to three years, after obtaining the written consent of the first

party, and increase the monthly rent due for the latter by 25% of the base rent

set out in the investment right signed between the second party and the third

person. The second party vows to grant the current investor Mr.

............................. the right to invest the shop subject of this contract for a

period of three years from the date of receipt of the new shop in the new

market and for a monthly investment rent of............................ .... only.

Ninth: It is agreed between the two parties that a special management system for the

new market will be placed by the municipality, and the second party vows to

abide by it, provided that the system in question does not prejudice sections

"III" and "IV" of this contract.

Tenth: It is agreed between the two parties that any duties or taxes or fees, including

fees and cost of private water and electricity, or the cost of goods or wages of

workers or permits and permissions and licenses necessary or consequences as

a result of work of the second party, are the sole responsibility of the later.

Eleventh: It is agreed that the rights granted to the Second Party under this contract is

transferred to his inheritors for the remaining period of the contract and they

will take his place in this contract for all conditions and obligations.

Twelfth: It is agreed between the two parties that if the second party exercise his right to

grant investment of the shop in accordance with section "VIII" of this contract,

the third party is limited to its relationship with the second party only and the

latter remains liable to the municipality for payment of rents and compliance

with the conditions described in this contract and in the management system of

the market, and therefore the third party violations as a breach of the second

party and assumes full responsibility with all legal outcomes and contractual

obligations to the municipality.

118

Thirteenth: The Municipality guarantees the maintenance of public and common sections in

the new market and the delivery of water and electricity to it, and provides it

with sanitation and public toilets and public lighting, and the provision of

security in order to maintain it always in good condition, all in accordance with

the management system of the market.

Fourteenth: It is not allowed for the second party the closure of the shop in question for a

period of more than two months, and is not permitted in any way to use it as

warehouse.

Fifteenth: The prejudice of the second party in any provision of this contract will lead to

the breach of the contract on his responsibility.

Sixteenth: It is granted that the two parties agreed that this contract and the market

management system referred to above governs the relationship between the

two parties, and can not be invoked in any other text that opposes its

provisions.

Seventeenth: Any dispute arising from this contracts, both in terms of implementation,

interpretation or proves conditions, will be considered exclusively to the civil

judge in Tyre.

This Contract is printed in two copies and signed by the two Parties on .../.../...... and each

party received its own copy.

The first party The second party

119

Annex – 16 –

Adjusted matrix of

CHUD baseline indicators

120

Baalbeck Saida Sour Byblos Tripoli

BC - 2008 28 58 67 65 43The average number of chairs per café or restaurant in each city. Example: On average a café or restaurant in

Baalbeck has 28 chairs

BC - 2008 671 2,346 2,995 2,469 641The total number of chairs in each city. Example: There are 641 visible chairs in all the cafes and restaurants in Tripoli

which were part of the census.

High season BC - 2008 2.9 3.6 3.6 5.5 1.6

Low season BC - 2008 2.9 2.4 3.3 3.4 1.4

High season BC - 2008 6.8 17.1 10.4 6.9 8.2

Low season BC - 2008 2.4 8.6 5.7 3.4 1.0

High season BC - 2008 8 70 75 97 31

Low season BC - 2008 5 24 44 27 12

Arab tourists BC - 2008 5% 6% 9% 18% 5%

Non-Arab tourists BC - 2008 5% 3% 14% 26% 4%

Internal tourists BC - 2008 22% 22% 20% 25% 49%

Residents BC - 2008 69% 70% 56% 31% 41%

6 BC - 2008 34% 47% 36% 50% 16%The percentage of heritage and tourism related enterprises out of all enterprises in the census. Example: 34% of the

enterprises in Baalbeck are heritage and tourism related

7 BC - 2008 11% 41% 45% 56% 29%The percentage of enterprises having a commercial registration. Example: 11% of all surveyed enterprises in

Baalbeck have a commercial registration

8 BC - 2008 3% 4% 44% 30% 16%The percentage of enterprises having a VAT (Value Added Tax) registration. Example: In Tripoli, 16% of all surveyed

enterprises have a VAT registration

9 BC - 2008 2% 10% 0% 12% 8%Percentage of enterprises which have made investments over the past 12 months. Example: In Baalbeck, 2% of all

surveyed enterprises have made investments (capital, stock, physical) over the last year

10 BC - 2008 26% 65% 57% 27% 47%Percentage of enterprises which expect that their turnover will increase thanks to the CHUD project. Example: 26%

of the enterprise owners in Baalbeck think that CHUD will improve their business when its completed

11 BC - 2008 96% 53% 66% 43% 92%Percentage of enterprises who have heard of the CHUD project in their city. Example: 92% of the enterprises in

Tripoli know about CHUD

Overall OS- 2006 2.08 2.87 2.90 2.92 2.20

Resident OS- 2006 2.01 2.80 2.70 2.82 2.02

Business OS- 2006 1.98 2.92 2.94 2.88 2.27

Visitor OS- 2006 2.41 2.98 3.32 3.22 2.52

1 CHUD team 20080 3000 10125 32790 10350

2 CHUD team 3 2 3 5 0

3 CHUD team 1 0 0 1 0

4 CHUD team

5 CHUD team

6 CHUD team

7Number of Public Hearings Healh about CHUD

CHUD team

8 OS - 2006 2.22 3.55 4.16 3.19 2.93The overall rating ( from 1 to 5) of the impact of CHUD works on the quality of life in the city. Higher ratings indicate

more positive impact of the CHUD works as perceived by the respondents.

9 OS - 2006 2.08 3.11 4.03 2.57 2.58The overall rating (from 1 to 5) of the impact of CHUD works on traffic regultation. Higher ratings indicate

satisfaction with the CHUD works related to traffic regulation

1 CHUD team 15 6 30 8 12

2 CHUD team 2 10 8 7 7

3 CHUD team 14 30 18 44 68 It is the cumilative numver of permits given between 2006 and 2008

4 OS - 2006 2.78 3.45 3.79 3.9 2.39The overall rating (from 1 to 5) of the management of archaeological sites. Higher ratings indicate better

management according to the respondent opinions

sale price BC - 2008 449 473 929 1,200 261

rent price BC - 2008 25 22 45 58 18

sale price BC - 2008 2,750 5,125 7,406 1,763 288

rent price BC - 2008 163 189 261 178 189

1 CHUD team 5 5 9 12 4

2 CHUD team 0 1 0 0 13 CHUD team CHUD team should clarify this

Ou

tco

me

s

1 OS - 2006 2.5 3.46 3.7 4.2 2.36The overall rating (from 1 to 5) of the management of the old city. Higher ratings indicate better management

according to the respondent opinions

1- Implementation of the MIUs

CR

I O

utp

uts

Number of staff in charge of maintenance of old city Number of Operation Contracts Approval of landmark conservation laws

ADJUSTED MATRIX OF CHUD BASELINE INDICATORS

6-Equipment installed and operational

7- TA to DGU delivered; implementation and operation of PMU

PA

D

The median sales and yearly rent prices of business units per square meter in US dollars. Example: The median

selling price per sqm of business units in Baalbeck was $2,750, and the yearly rent price per sqm was $163

4: C

apac

ity

bu

ildin

g an

d in

stit

uti

on

al

stre

ngt

he

nin

g

Ou

tpu

ts

Number of employees in DGA dedicated to arch. Sites

Rating management of old city

Business units prices

(USD per sqm)

3 :

Imp

rove

d c

on

serv

atio

n a

nd

man

age

me

nt

of

Leb

ano

n's

bu

ilt h

eri

tage

5

6

Ou

tco

me

s

Rating management of archaeological sites

Residential units prices

(USD per sqm)

6- Square meters of rehabilitaed historic buildings in public use per resident of protected perimeter

7- Amount of financial support leveraging private housing rehabiliatation

Ou

tco

me

s Impact on the resident’s quality of life

Impact on traffic regulation

5- UNESCO expert reports

The median sales and yearly rent prices of residential units per square meter in US dollars. Example: The median

selling price per sqm of residential units in Baalbeck was $449, and the yearly rent price per sqm was $25

2- Training and TA delivered to municipalities

3- GIS implemented

4- Delivery of TA program to DGA

Rating of CHUD works

2- Length of pedestrianized street network in protected perimeter

2- Recoginition by residents and tourists of improved benefits

3- Cities market a wider range of services, tourism and investment opportunities

2 :

Imp

rove

d c

on

dit

ion

s fo

r e

nh

ance

d q

ual

ity

of

life

Area of pedestrian public squares/spaces sqm

Number of recreational events in public squares

Public parking (not done by CHUD)

Number of households and individuals resettled

4- Square meters of green space per resident in protected perimeter

Percentage share of tourists according to their nationalities, where they are divided into Arab and non-Arab tourists

and residents from the same area or a different region in Lebanon (internal tourism). Example: 5% of tourists in the

high season in Baalbeck are Arab, 5% are non-Arab, 69% are residents of the same region and 22% are residents

coming from other parts of lebanon

Awareness of CHUD in city

Number of archaeological projects

Number of rehabilitation permits for historical properties

Investing enterprises

Expectations of increased turnover due to CHUD

5- Increased real estate values per sq.meter of sold and rented residential and commercial property in historic city centers

5- Rehabilitated open public spaces (including harbor, coast, port) as % of total protected perimeter

3- Number of controlled parking spots per resident in protected perimeter

Average rating from 1 to 5 (5 being the best) of CHUD works by different groups during the 2006 opinion survey.

Example: In Baalbeck, the overall rating of CHUD was 2.08. Residnets rated it at 2.01, businesses at 1.98 and visitors

at 2.41

The average number of employees in heritage and tourism enterprises during the high and low seasons. Example: In

Tripoli, there are on average 1.6 workers in heritage and tourism related enterprises during the high season, and 1.4

during the low season

Average monthly turnover in thousand US dollars in high and low seasons in heritage and tourism related

enterprises. Example: The average monthly turnover in Baalbeck is $6,800 in high seasons and $2,400 in low seasons Monthly turnover in H&T (Thousand USD)

Average number of daily customers in H&T related enterprises in high and low seasons. Example: Heritage and

tourism related enterprises in Tripoli had on average 31 customers in high seasons and 12 in low seasons Average number of daily customers in H&T

Average number of employees in H&T

SourceOutcome/Output indicators (from PAD, AM and CRI) What does this indicator mean?Baseline (2006 -08)

PA

D

4

5

3- Archaeological studies launched and completed

4- Increased number of rehabiliation and repair permits by 3% by mid-term and by 5% by end of project

1 - Square meters of rehabilitaed street network and public spaces, coastal zone, harbor areas in protected perimeter

Total number of seats in cafes and restaurants

1- Exposed archaeological structures and artifacts on project sites catalogued and inventoried by end of the project

2 - Archaeological structures and atrifacts protected against stuctural and surface damage by end of project; site presentation plan implemented

PDO components

PA

D

Ou

tpu

ts

3

12

2

PA

D

Number of relocated vendorsNumber and type of local community development activities conducted per

year

1 :

Imp

rove

d c

on

dit

ion

s fo

r in

cre

ase

d lo

cal e

con

om

ic d

eve

lop

me

nt

1- Provision of services at municipal level to increase employment in services and tourism related activities

Average number of seats in cafes and restaurants

Distribution of clients during the high season

VAT regisration (percentage)

1

Heritage and tourism related businesses (H&T) (percentage)

Commercial registeration (percentage)