(Final Report) (Volume II)

Transcription

1 RESETTELEMENT ACTION PLAN (RAP)FOR KALITI WESTEWATER TREATMENT PLANT AND SEWER LINES EXPANSION AND REHABILITATION PROJECT (Final Report) (Volume II) Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RP520 V2 Client: Addis Ababa Water and Sewerage Authority (AAWSA) Water, Sanitation Rehabilitation and Development Project Office Public Disclosure Authorized Consultant: (Experts in Water, Land & Environment) October, 2014 Addis Ababa, Ethiopia

2 TABLE OF CONTENTS ACKNOWLEDGEMENTS... iv ACRONYMS... v EXECUTIVE SUMMARY... vi 1. INTRODUCTION Project Background and Rationale Project Description Objectives of the RAP Scope of Work Methodology SOCIO-ECONOMIC CHARACTERISTICS OF THE PAPs General Demographic Characteristic Education Housing Units Economic Characteristics Findings of Physical Property Inventory and the PAPs Attitude towards the Project General Findings of the Physical Property Inventory PAPs Attitude towards the Project LEGAL AND POLICY FRAMEWORK General Constitution of the FDRE The Civil Code of Ethiopia Expropriation of Landholdings for Public Purpose and Payment of Compensation World Bank Policies and Procedure for Involuntary Resettlement Urban Water Supply and Sanitation Project Resettlement Policy Framework THE POSSIBLE POSITIVE AND NEGATIVE IMPACTS OF THE PROJECT AND MITIGATION MEASURES General Positive Impacts Negative Impacts ELIGIBILITY OF AFFECTED PERSONS AND ENTITLEMENT MATRIX Eligibility Criteria Eligibility for Compensation Entitlement Matrix Cut off Date COMMUNITY PARTICIPATION, PUBLIC AND STAKEHOLDERS CONSULTATION General Community Participation Public and PAPs Consultation Woreda Administration and Other Officials Consultation VALUATION AND COMPENSATION FRAMEWORK General Bases for Valuation of Losses Method of Valuation Compensation General Compensation for Housing Unit Structure i

3 8.4.3 Compensation for Fence and Other Structures Compensation for Eucalyptus Trees Compensation for Loss of Businesses or Employment Compensation for Public Services Compensation for Social and Psychological Disturbance INSTITUTIONAL ARRANGEMENTS General Project Implementing Agency Woreda Administration Addis Ababa city micro-small scale enterprise agency Property Valuation Committee Resettlement Implementation Committee PAP and RAP Committee World Bank GRIEVANCE REDRESS MECHANISM General Grievances Redress Procedure Process of Registering and Addressing Grievances Mechanism for Appeal IMPLEMENTATION SCHEDULE COST ESTIMATE FOR RAP IMPLEMENTATION General Rating RAP Implementation Budget ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN MONITORING AND EVALUATION General Internal Monitoring External Monitoring and Evaluation Monitoring and Evaluation Reports CONCLUSIONS AND RECOMMENDATIONS Conclusions Recommendations List of Selected References ANNEXES Annex 1=Impact caused by displacement Annex 2 Goods and assets affected (with household owner names) Annex 3Businessesor Institutions Affected Annex 4. Socio-economic characteristics of PAPS (fully affected) Annex 6. Short summary list of enumerated property for compensation Annex 7 = Socio-economic survey questionnaire Annex 8 Socioeconomic survey data base of the downstream households (selected) Annex 9 Compensation Amount for PAPs Against lost property (in Birr) Annex 10Minutes of selected community members (In Amharic and translated in English) ii

4 List of Tables Table 1 Affected individual households, and organizations... 9 Table 2 Affected housing units total area in m Table 3 Type of property that would be affected Table 4 Measurement of infrastructures to be affected Table 5 Entitlement matrix Table 6 Rate or unit costs of property that would be affected Table 7 Estimated cost for compensation by category Table 8 Estimated Administration cost of RAP implementation for the 7 Woredas Table 9 Institutions responsible for implementing the proposed mitigation measures by time frame List of Figures Figure 1 Location Map of the Project Area... 3 Figure 2 PAPS by sex composition Figure 3 PAPs by age category Figure 4 PAPs Number by Education level Figure 5 PAPs by occupational status iii

5 ACKNOWLEDGEMENTS The consultant is highly indebted to the Addis Ababa Water and Sewerage Authority (AAWSA), Water, Sanitation Rehabilitation and Development Project Office for providing valuable documents for the project and facilitating the field visits. Many experts in the AAWSA project office cooperated and provided available information for the working team. In general, the client s cooperation is extremely appreciable. We are also indebted to all respective Sub Cities and Woreda administration officials in the project area for organizing meetings and discussions and the experts of the various sectoral offices in the Addis Ababa city administration for providing valuable information. The Addis Ababa Roads Authority, Engineering Design Division provided valuable information on current costs for the assets that will be affected by the project. We are also thankful to the community, which also participated in meetings and provided valuable verbal information indicated in the RAP and socioeconomic report. All who provided verbal and written information for this report are highly appreciated. The consultants work has been presented in a one day workshop. Valuable comments have been provided by all stakeholders. All comments have been incorporated as appropriate in this final document. Furthermore, World Bank Experts provided also valuable comments. All who contributed to the quality of this final report are highly acknowledged. iv

6 ACRONYMS AAWSA = Addis Ababa Water Supply and Sewerage Authority Act = Article CIS = Corrugated iron sheet FDRE = Federal Democratic Republic of Ethiopia GRC = Grievance Redress Committee IR = Involuntary Resettlement Km = Kilometer M = Meter OD = Operational Directive OP = Operational Policy PAP = Project Affected Persons PAH = Project Affected Household RAP = Resettlement Action Plan RP = Resettlement Plan RPF = Resettlement Policy Framework R& R = Resettlement & Rehabilitation WB = World Bank v

7 EXECUTIVE SUMMARY Project Background and Rational The population of Addis Ababa city is growing rapidly and provision of water supply and other associated socioeconomic development is increasing from time to time that in turn increases wastewater generation from domestic and other facilities. Sewerage system and a wastewater treatment plant currently serving some parts of Kaliti catchment specifically Bole, Ledeta, Old Airport, Central part of the City, Mekanisa and Kera areas. The existing sewerage service system does not satisfy the demand. A lot has to be done to meet the wastewater management system of the city. The proposed project is expected to play important role towards reducing the grave wastewater management problem in the city of Addis Ababa. Project Description The Kaliti wastewater line and treatment plant expansion and rehabilitation project, which is designed to solve the existing wastewater management problem of mainly the southern and southwestern part of the city. The project has three trunk lines i.e. eastern, western and southern that joins the existing wastewater treatment plant at Akaki - Kaliti sub-city. Much of the proposed trunk lines follow the existing functioning sewer lines, which is in a bad shape. The existing system is working with very high hydraulic load because of some technical problems. Some of the pipes are broken and wastewater is being released in to open grounds and nearby streams. The proposed new sewer line will accommodate new settlement areas and reduce the high hydraulic load of the existing system significantly. The project is designed to upgrade the capacity of the existing sewer line and treatment plant of Addis Ababa city so as to benefit the communities who are residing within the Kaliti wastewater catchment area as well as different industries and government organizations. It is expected that the project will enhance the environmental quality of the Akaki river basin, which drains in to the Awash River that is being used for different purpose in downstream where there are many cities and rural villages, that extends up to Lake Abhe locate at the border of Djibouti. Therefore, this project has far-reaching positive impact in the rift valley by reducing the pollution of the rivers that are being used for various purposes. Objectives of the RAP The objectives of this Resettlement Action Plan (RAP) for the Kaliti wastewater lines and treatment plant expansion and rehabilitation project is to identify and assess the impact of the project and to define all appropriate measures and strategies that are necessary to mitigate the adverse effects of the project restore and improve the income and livelihoods of the PAPs. vi

8 Scope of Work The major scope of work undertaken during the ESIA and RAP preparation included: Project description: to concisely describe the proposed project, its geographic location, ecological, general layout of facilities including maps at appropriate scale; Identification of potential impact: analysis of potential project impacts through identification of the PAPs, estimating their number and evaluating the impacts of the project on them; Household Survey: conducting social-economic studies including household survey and assessment of the attitude of the PAPs towards the proposed project; Legislative and Regulatory Framework: Analysis of the legal framework pertinent to the project; Institutional Framework: analysis of institutional framework and identification of the responsible institutional body responsible for the resettlement activities; Indicate grievances redress mechanisms: this involves evaluating availability of clear and transparent procedures for third party settlement of disputes arising from resettlement; Propose RAP implementation schedule: Development of an implementation schedule covering all resettlement activities from preparation through implementation including target dates for the achievement of expected benefits of PAPs. The schedule indicates how the resettlement activities are linked to the overall project implementation process; Estimation of cost of the RAP: the report shows itemized cost for all activities, including compensation for PAPs and running cost for implementation committees, running cost for training and awareness creation activities; Propose monitoring and evaluation mechanisms: arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the World Bank to ensure complete and objective information performance monitoring indicators to measure inputs, outputs and outcome for resettlement activities; and Prepare and submit the ESIA and Resettlement Action Plan report after incorporating the comments provided by.all stakeholders. Methodology To collect relevant primary and secondary data and information required to prepare this Resettlement Action Plan various methods, tools and techniques have been employed. Sources of data and information used in this document can be grouped into two broad categories namely, primary and secondary sources. These include literature review, conducting household survey, public consultation, undertaking physical property inventory using high-resolution GPS and meter tapes and visual observation of the study area. Socio-economic Condition of PAPs The proposed project will affect about 269 households who are residing along the designed trunk lines. Out of the total households, 31 households will lose their residential housing units resulting in relocation. Whereas a total of 238 households will lose part of their housing units, fences or plantation mainly eucalypts tree. vii

9 Nearly all project-affected households have their own family. The average family size for affected households is calculated to be 6 persons indicating the burden of the bread winners. The would be affected households and project area communities have an easy access to all basic infrastructures and public services unlike rural communities. By economic status, most of project-affected households depend on labor sales, self-employment and government employment. There are also aged persons who are depending on social security (pension) earning. In general, nearly all affected households leave under poor economic condition. Policy and Legal Frameworks Constitution of the Federal Democratic Republic of Ethiopia Proclamation 1/1995 contains several relevant policy legal and institutional frameworks that have direct relevant with the expropriation procedures for those people who might be affected by the proposed project. Pertain articles in the constitutions are:- Act states that Land is the common property of the Ethiopian people and cannot be subject to sale or to other means of exchange. Act states Every Ethiopian shall have the full right to the immoveable property he builds and to the permanent improvements he brings about on the land by his labor or capital Act states that Without prejudice to the right to private property, the government may expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of property. Act states that All persons who have been displaced or whose livelihoods have been adversely affected as a result of state programs have the right to a commensurate monetary or alternative means of compensation, including relocation with adequate state assistance. Regulation No 135/2007 payment of compensation for property situated on land holdings expropriated for public purpose is issued for the proper implementation of the proclamation No. 455/2005. World Bank issued an operational policy on involuntary resettlement policy OP 4.12 which is applied to all World Bank financed projects. The World Bank s OP 4.12 underlines the need to identify, understand and mitigate various impoverishment risk social, cultural, economic and environment that may arise because of a development project that entails displacement of people. viii

10 The PAPs Attitude towards the Project As revealed from the survey and public consultations nearly all PAPs and major stakeholders support the project. The project has overwhelming support. However, the PAPs demanded appropriate compensations in a timely and just manner. The public concerns are annexed with minutes. The estimated compensation cost for the PAPs is also annexed. Anticipated Possible Positive and Negative Impact of the project The project has very positive impact for Addis Ababa city population particularly in terms of improving public health in general and for the population who reside in the wastewater catchment areas. It has also a considerable benefit for the downstream residents who are living along the Little Akaki and Big Akaki Rivers that drain far to the south and extends up to Lake Abhe. Specific positive impact of the project includes improvement of community health, employment opportunity at various levels, economic benefit, business opportunities and irrigation opportunities for a few households who reside at downstream of the existing treatment plant. Regarding the negative impact, it is identified that the project will affect communities who are residing along the trunk line and some public infrastructures at various pints. To this end, itis assessed and realized properties of individuals and few organizations will be affected. Due to this, households who are residing along the trunk line will lose low cost housing units, part of their fence and eucalypts tree plantation. In general, the impact will result in displacing 31 households fully. Few fences and houses can also be partially affected. All PAPs are informed about the project and the possible impacts during the surveying. Compensation and Resettlement According to the legal and policy requirement of the Ethiopian Government and the World Bank, the principles of compensation and entitlements for the project activities impact shall include:- The extent and amount of compensation offered by the project to project affected persons will depend on the amount and type of property that will be impacted. PAPs are adequately informed on eligibility, compensation rates and standards. Compensation will be at full replacement cost. Land acquisition and housing unit or fence demolishing will not take place prior to compensation. Compensation shall be paid prior to acquisition or displacement, and Stakeholders shall be consulted including communities. One of the most outstanding issues in the study is the resettlement of the fully affected households. In connection with this relevant offices in the Addis Ababa City Administration have been consulted as to how these families are being resettled. The most important office in this regard is Land Development and Urban Renewal Agency. According to the Agency based on the proclamation of 455/2005, Guidline135/1999 and Guideline 3/2002 these families (households) will be resettled in their respective sub-cities where all basic public facilities will be ix

11 made available. In the course of resettlement, they will be consulted by resettlement committees of their sub-cities to know their needs and choices. The Agency is committed to relocate the PAPs where there are adequate basic public services in their respective sub-cities. Grievance Redress The PAPs have the opportunity to forward any resentment with regard to compensation implementation with grievance redress procedure that is supported by the policy. The objective of the grievance procedure related to this RAP includes: To provide PAPs with avenues for making compliant or resolve any dispute that may arise in the course of land, structure and any assets acquisition, including the process of moving; To ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints; To verify that complainants are satisfied with outcomes of corrective actions; and To avoid the need to resort to judicial proceedings. Public and PAP Consultation The study team has organized various meetings in all project affected Woreda to gather the public opinion about it the project and create awareness about the positive impacts of the project on public health. On the consultation process, the participants were briefed about the objectives of the project, the possible anticipated impacts of the project at different phases of the project activities in their respective locality. This has given the opportunity for PAPs and the major stakeholders to internalize the ultimate objectives of the project. In the same development on the consultation process, the PAPs have got a chance to reflect their needs and feeling that valuable for the preparation of this resettlement action plan. RAP Implementation Budget The budget that will be required to implement the RAP is worked out based on the inventory made by the consultant in the project area that is along the trunk line. The required cost for compensation is calculated considering the current market price to replace the affected property. In general the total cost of this RAP is estimated to be Birr18,764, Out of this the direct composition cost accounts percent whereas the indirect one constitutes 0.46 percent. With regard to the finance resources to carry out compensation payment, income restoration, rehabilitation and administration costs for PAPs it is assumed that it will be settled by the AAWSA (client) as implementing agency. x

12 Conclusions and Recommendations The proposed project will have both positive and negative impacts. Most of the positive impacts area designed entail at the planning stage of the project. The rest positive impacts of the project realized through various opportunities that might be created at different level. Maximizing and maintaining the benefit of the project will be the responsibility of concerned bodies those who plan the benefit and attracted by the opportunity of benefit that will be obtained. Concerning the negative impact of the project, it is obvious that the impact is a challenge that would have various effects on the socioeconomic life of those who are going to bear the effect. Because of this reason, it is natural and inevitable to assess the degree of the impact and to come up with possible solution. On this premise this resettlement action plan has dealt with issues that safeguards the would be affected households at large and paves the way for the successful implementation of the project. Recommendations Continuous sensitization of affected communities in the pre construction phase of the project should be encouraged as a preparatory measure before project implementation. AAWSA should be at the forefront in ensuring while this RAP is carried out and appropriate compensation should be in place for all the affected persons in a timely manner using the prevailing market price rates. For the successful implementation of this resettlement action plan and smoothly undertake the construction and operation activities of the project the consultant would recommend the following while implementing the RAP. During tender document preparation, it is necessary to ensure serious attention to instruct the contractor to avoid or to minimize impact that may be created on socio economic life and the biophysical environment of the project beyond the anticipated impacts. Adequate representatives should be present from the, AAWSA and project affected persons in the valuation and compensation committee. Prior to the payment of compensations to the individual PAPs they should be notified about compensations and inform them where to collect the compensation. They have to be also notified the commencement of date of civil works. Public awareness is believed to be a key to have community involvement on the project activity for the successful implementation of the project. To this effect AAWSA should undertake promotional activities particularly on the objectives of the project and planed impact consideration among the would be affected persons and major stakeholders. AAWSA and the Woreda administration should undertake awareness creation program among the PAP how to manage money that will be provided for compensation before it is provided. Training: vulnerable groups should be given the option to select training they wish, which would help them to maintain and/or improve their income generation potential. The skills xi

13 training program will be designed during project implementation, Trainees will be entitled to a subsistence allowance during the training period. Extraordinary attention: implementation committee should give extraordinary attention for vulnerable groups while resettlement and rehabilitation activity is carried out. In same development strategies for promoting economic recovery of PAPs also include assisting them to improve their living standard through facilitating training opportunity and credit provision. AAWSA should committed to implement all possible mitigation measures before construction and during construction period of the project to avoid or minimize the PAPs complaint. AAWSA should instruct the contractor to undertake all its activities under circumstance where there will not be socio-economic and biophysical environmental adverse impact on the local communities by construction crew and machinery or material used for construction. xii

14 1.1 Project Background and Rationale 1. INTRODUCTION The population of Addis Ababa City in one hand and provision of water supply and other associated socio economic development is increasing from time to time that in turn increases waste water generation from domestic and other facilities. Sewerage system and a wastewater treatment plant currently serving some parts of Kaliti catchment specifically Bole, Ledeta, Old Airport, Central part of the City, Mekanisa and Kera areas. The existing system does not go along the demand and horizontal expansion of the city. This has made the some of the population and the business centers to practice open wastewater release, especially illegal connection of sewerage to storm drainage system and rivers and streams that results in pollution of surface and groundwater sources greatly affecting the health of the population. Owing to the prevailing and expected increase of the city population and associated increase and potential problems of wastewater, the Addis Ababa Water and Sewerage Authority (AAWSA) is striving to reduce and solve the problem by developing wastewater treatment projects that include expanding the previous and constructing the new ones. The Kaliti treatment plant and sewer lines expansion and rehabilitation project is one of the projects designed to be implemented soon. 1.2 Project Description The Kaliti waste water line and treatment plant expansion and rehabilitation project is designed to solve the existing wastewater management problem of the southern part of Addis Ababa at large. The project has three trunk lines i.e. eastern, western and southern that joins the existing wastewater treatment plant. Much of the proposed trunk lines follow the existing functioning sewer lines. The existing system is working with very high hydraulic load because of some technical problem. As a matter of facts in many places the existing system is broken. The proposed new line will accommodate new settlement areas and reduce the high hydraulic load of the existing system. The proposed eastern trunk line starts from Bole Bridge from Kirkos Sub city of Woreda 3 and passes through Bulbulla River bridge goes down through Nifas Selek Lafto of Woreda 8and 9 crosses the ring road opposite to the Agricultural Marketing Enterprise. The proposed new trunk line will extend down to Comet Transport Enterprise compound and then cross the Ring road again and pass through the Agricultural Mechanization Service compound. After this it will follow the old railway line in the Akaki Kaliti Sub City of Woreda 6 and finally join the western trunk line close to the compound of the Ethiopian Water Technology Training Center. Figure 1 shows the location map. 1

15 The western trunk line will start from Nifas Selek Sub City of Woreda 12 forest area crossing the bridge at the Akaki River pass through Bihere Tsege park and Woreda 10to Akaki Kaliti Sub City of Woreda 6 and 5, touching Awash Tanning, spice factor and join the Eastern line. The project is designed to upgrade the capacity of the existing sewer line and treatment plant of Addis Ababa city so as to benefit the communities who are residing within the catchment area as well as different industries and government organizations. Along this, it is anticipated that the project will enhance the environmental quality of the Akaki River basin which draining to the Awash River that is being used for different purpose at downstream cities and rural communities, that extends up to Lake Abhe locate at the border of Djibouti. This project has far reaching positive impact in the rift valley by reducing the pollution of the rivers. The project will enable AAWSA partially to meet its established objectives that is provision of sewerage service in a better manner to fulfill the growing demands of customer, which is growing from time to time in the city of Addis Ababa. This specific project together with other wastewater treatment facilities will put the capital city Addis Ababa in a better position of managing water. All in all the design of this project covers about 18kmup to the existing treatment plant having 6 meters of right of way for trunk line, access road and working space crossing seven Woredas affecting various properties of individuals and some public infrastructures at different points. The existing treatment plant, that is designed for expansion is located at a one km distance from residences bordering Akaki River in west direction, where treated effluent can be discharged. It is located in Nifas silke Lafto sub city covering about 7865 hectare of land. The Kaliti WWTP was constructed in The design capacity of the works for the first phase was about 7,600 m3/day of hydraulic load and with a biochemical oxygen demand (BOD) load of 3,500 kg/day. The proposed plant expansion activities will undertake place in the compound of the existing treatment plant site without any land claim since the expansion area is owned by AAWSA. Due to this fact there is no economic or social impact that will be created 2

16 Figure 1 Location Map of the Project Area 3

17 1.3 Objectives of the RAP The objectives of this Resettlement Action Plan (RAP) for the Kaliti wastewater lines and treatment plant expansion and rehabilitation project is to identify and assess the impact of the project and to define all appropriate measures and strategies that are necessary to mitigate the negative effects of the project, restore and improve the income and livelihoods of the PAPs. The specific objectives of the RAP include;- To present the negative impacts associated with land acquisition and loss of other assets due to the implementation of the project To present an action plan for the delivery of compensation and assistance in accordance with the policy adopted for the project, To generate baseline data for monitoring and evaluation of how well the mitigation will be implemented during the project implementation, To recommend cost effective measures to be implemented to mitigate against the expected impacts of the project, To identify and quantify different categories of project affected persons (PAPs) who would require some form of assistance, compensation, rehabilitation or relocation To verify the adherence and compliance of the World Bank Safeguard policies for PAPs in the course of project implementation. To design mechanisms and procedures for the resolution of conflict and redress of grievances arising from the implementation of the RAP and the project To provide estimates of required resources for implementation of the RAP, and To come up with a framework for supervision, monitoring and evaluation of resettlement implementation 1.4 Scope of Work The major scope of work undertaken during the ESIA and RAP preparation included: Project description: to concisely describe the proposed project, its geographic location, ecological, general layout of facilities including maps at appropriate scale; Identification of potential impact: analysis of potential project impacts through identification of the PAPs, estimating their number and evaluating the impacts of the project on them; Household Survey: conducting social-economic studies including household survey and assessment of the attitude of the PAPs towards the proposed project; Legislative and Regulatory Framework: analysis of the legal framework pertinent to the project; Institutional Framework: analysis of institutional framework and identification of the responsible institutional body responsible for the resettlement activities; Indicate grievances redress mechanisms: this involves evaluating availability of clear and transparent procedures for third party settlement of disputes arising from resettlement; Propose RAP implementation schedule: Development of an implementation schedule covering all resettlement activities from preparation through implementation including target dates for the achievement of expected benefits of PAPs. The schedule 4

18 indicates how the resettlement activities are linked to the overall project implementation process; Estimation of cost of the RAP: the report shows itemized cost for all activities, including compensation for PAPs and running cost for implementation committees, running cost for training and awareness creation activities; Propose monitoring and evaluation mechanisms: arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the World Bank to ensure complete and objective information performance monitoring indicators to measure inputs, outputs and outcome for resettlement activities; and Prepare and submit a Resettlement Action Plan Report Methodology To collect relevant and significant data and information required to prepare this Resettlement Action Plan the consultant has adopted various methods, tools and techniques. The sources of data and information used in this document can be grouped into two broad categories namely, primary and secondary sources. Details of data collection methods, tools and techniques are briefly outlined below. a) Document Review To have a good understanding of the proposed project and prepare the resettlement action plan all pertinent documents were collected from the client s office and different organizations. Published regulations, guidelines and National Policies and the World Bank policy that deals with involuntary resettlement has been reviewed. Particular emphasis is given to the agreed Resettlement Policy Framework (RPF). b) Field Observations To understand and obtain clear picture of the study areas and the socio-economic situation of the would be affected households observation have been made in the field. The eastern, western and southern trunk lines, the treatment plant and the downstream areas in Akaki-Kaliti sub-city (Woreda 7) have been visited. c) Household Survey To get primary data on the demographic aspects and socio-economic situation of the would be affected households and their attitude towards the proposed project the consultant has first developed structural questionnaire. Having the developed structural questionnaire nearly all the would affected households were contacted and their response was recorded(see the annex 2). The household survey has also included those households who are residing at the downstream of the existing waste treatment plant. 5

19 To conduct the enumeration 3 enumerators were selected and oriented on the approach how the survey should be conducted out in a systematic and ethical approach. Along with the enumerators, the consultant surveyor was assigned to locate households and properties that are going to be affected as per the design of the sewer line. Plate 1Surveying and enumeration along the wastewater trunk lines d) GPS High resolution GPS and meter tapes were used to undertake physical inventory that would be affected by the project in the right off-way demarcation. This has helped to register eligible household for the compensation and quantify the size and dimension of the would be affected property. As instructed by the client a six meter buffer zone was taken as boundary along the trunk lines. e) Consultation of Major Stakeholders During the preparation of this Resettlement Action Plan, the consultant has carried out meaningful consultation with major stakeholders including the Woreda administration and project affected households to fully share the information about the project activity and to 6

20 mention the degree of anticipated impact. Furthermore, all affected public institutions, governmental and non-governmental organizations and private firms were consulted and briefed about the nature of the project and the scale of the effect of the project on their structure. In general, the consultation methodology that was used bythe consultant was designed to be participatory where the stakeholders share their feelings about their concern related to the project activity. All the stakeholders have been informed about the project and exhaustive discussions have been made with the communities, Woreda and Sub-Cities authorities. Plate 2 Discussion with Woreda Administration and stakeholders f) Valuation of Affected Property After survey of affected property, the rules and regulations of the Addis Ababa city administration for valuation have been studied in detail. Based on this the cost of the total resettlement action plan was established. In valuation current market prices are considered. In addition to this detailed property inventory has been undertaken based on the rules set by the Addis Ababa City administration and by emphasizing on the Resettlement Policy Framework. 7

21 2. SOCIO-ECONOMIC CHARACTERISTICS OF THE PAPs 2. 1 General To obtain the socio economic condition of the PAPs and properties the consultant has conducted total numeration survey. Total numeration and house-to-house survey has been carried out and the required data have been collected. To undertake the socioeconomic surveying structural data recording instrument (sheet) and questionnaire has been developed in order to use it as data collection tool. Plate 3Buffer zone delineation and inventory of property to be affected. The enumeration covered 269households along the trunk lines who are anticipated to be affected by the project activities. In the downstream areas, 17householdshave been surveyed and the summarized result is annexed. The core findings are summarized in Table 1. In downstream areas there are no households to be affected by the project directly. Because, the treatment plant will be established within the existing Kaliti wastewater treatment plant compound. However, household survey was conducted to check the opinion of the community residing in the immediate vicinity about the project. Downstream dwellers are benefited from the treatment plant by using dried sludge as fertilizer for small-scale vegetable growing. 8

22 Table 1 Affected individual households, and organizations S. N Degree of Effect Number Household Number of household members Male Female Total Male Female Total Remark 1 Economically displaced PAPs Mainly fences 2 Physically displaced PAPS Economically displaced Organizations 29 Mainly fence Total Demographic Characteristic a) The Sex Composition of PAPs Figure 2 shows the proportion of PAPs that would be affected by the project. The survey result indicates that the great majority to be affected are male household heads, which accounts 69.84%, whereas the female household heads account

23 30.16 % 69.84% Male Female Figure 2 PAPS by sex composition b) Age Distribution of the PAPs The age distribution of the PAPs is shown in 3. The great majority of the surveyed households that constitutes about 17.1% is found in the age category of This is followed by the age group constituting 11% of the interviewed household heads. There are household heads who have reached the age of 70 and above constituting 7.9 percent > Figure 3 PAPs by age category 10

24 c) Family size According to the household surveys, the average family size of the PAPs is 5.6, which is greater than the City Administration average family size that is 4.1 persons as per the 2007 population census. The area surveyed seems to be highly populated. 2.3 Education Regarding the educational background of the PAPs the household survey indicates that all PAPs have been educated. The level of education ranges from elementary to college level. As it is shown in Figure 4 out of the total PAPs 29.8 percent completed the elementary level education. In the same development, it is reported that about 27.4 percent have attended the college level education. The great majority lies in the category of 1-4 grade N u m b e r and above grade Figure 4 PAPs Number by Education level 11

25 2.4 Housing Units The housing units in the project affected areas are typical of the low-cost type. Hence, most of the housing units are constructed of mud wall constituting m 2 by area coverage. This is followed by housing units constructed of corrugated iron sheet for the wall constituting percent by area coverage. In general the enumeration result shows that the total area coverage of the housing units that would be affected is m 2. Table 2 Affected housing units total area in m2 Type of Houses Area Percent Hollow Blacks Stone wall Mud wall Corrugated Iron Sheet Total

26 2.5 Economic Characteristics Plate 4Typical houses downstream of the treatment plan The PAPs practice urban economic activities for their livelihood. To this effect most of the PAPs involve in different occupation including; daily labor, civil servant, vender, business etc. The PAPs economic status generally is observed to be in the category of lower income group. With regard to PAPs occupational engagement the survey result shows that about 49 percent of the surveyed households reported for private employment. This is followed by daily laborer and civil servant constituting 27% and 27 % respectively. Apart from this, the survey result shows that some of the surveyed persons are unemployed constituting 14 percent. See figure 5 for the detail. 13

27 p e r c e t n t Figure 5 PAPs by occupational status Along this the survey result also shows that PAPs who would be physically displaced by the project activities are not economically dependent of their residential area involving in different activities outside home and residential area. 3. Findings of Physical Property Inventory and the PAPs Attitude towards the Project 3.1 General To obtain measurable and reliable data of the property that would be affected within 6 meter right-off- way for the trunk lines in respective Sub-cities and Woreda the consultant has undertaken physical inventory throughout the 18 km trunk line. During the inventory high resolution GPS is used to demark the location and identify the property that would be while identifying the property owner. 3.2 Findings of the Physical Property Inventory According to the physical inventory about 269 households will lose their property because of the project activity in seven Woreda that are located in three Sub-cities. These households will lose houses, fences and some plantations. Out of the 269 households, 31 are going to lose their houses 14

28 and related properties entirely. The type of properties to be affected and quantities are annexed. The table below shows the summary of properties of the PAPs and public utilities that would be affected. Table 3 Type of property that would be affected Sub-city Woreda Property that would be affected No. of Housing unit affected Fully Partially Total Fence in M Kirkos Nifas Selek Lafeto Kaliti Akaki Total Plantation (tree) in number With regard to the ownership title, the survey result shows all affected housing units are owned by the PAPs. Table 4 Measurement of infrastructures to be affected S.N Types structures Unit of measure Quantity 1 Electric poll Number 89 2 Telephone polls Number 26 3 Asphalt roads Meter square Coble stone roads Meter square Gravel roads Meter square

29 3.3 PAPs Attitude towards the Project In the course of the surveying all the PAPs are informed about the nature of the project and the likely impacts and appropriate actions to be taken including issues of resettlement. During the surveying period, it has been tried to collect information from PAPs about their feeling related to the proposed project. This is considered helpful for the preparation of the acceptable resettlement action plan. On this premises the PAPs were asked to mention their feeling about the proposed project. Out of the 269 PAPs only one person shows dissatisfaction on the implementation of the project. This indicates that the project has overwhelming public support. This does not mean that public awareness creation is not necessary. The public has to be well informed about the implementation process including the mechanism of companion and resettlement action plan. 4.1 General 4. LEGAL AND POLICY FRAMEWORK The Resettlement Action Plan for the proposed project needs to be prepared within the legal and policy framework of the Federal Democratic Republic of Ethiopia (FDRE) and it should meet the World Bank s resettlement policy framework. To this effect, the country constitution, civil code, the proclamation on expropriation of land and compensation, World Bank Operational Policy OP 4.12 for involuntary resettlement and Resettlement policy Framework have been seen in relation to the implementation of the resettlement action plan. 4.2 Constitution of the FDRE As a supreme law of the country, the Constitution of the FDRE is the pillar of all policies, laws and regulations both at national and regional levels. The Constitution contains several provisions that are directly related to land ownership, acquisition, compensation and planning and implementation of development-induced resettlement schemes. The Constitution provides for the public the ownership of both urban and rural land as well as all natural resources. The Constitution further stipulates that while ownership of land is vested on the State and the people of Ethiopia, dwellers have usufruct rights over land. The Constitution provides usufruct right for the holders with the right not to be evicted from their landholdings and the right for compensation in cases of expropriation of their landholdings for public purposes. The Constitution of the Federal Democratic Republic of Ethiopia Proclamation 1/1995 contains several relevant policy legal and institutional frame works that have direct relevance with the expropriation procedures for those people who might be affected by the proposed project. Pertain articles in the constitutions are:- 16

30 Act states that Land is the common property of the Ethiopian people and cannot be subject to sale or to other means of exchange. Act states Every Ethiopian shall have the full right to the immoveable property he builds and to the permanent improvements he brings about on the land by his labor or capital Act states that Without prejudice to the right to private property, the government may expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of property. Act states that All persons who have been displaced or whose livelihoods have been adversely affected as a result of state programs have the right to a commensurate monetary or alternative means of compensation, including relocation with adequate state assistance. In general, according to the constitution of Ethiopia, rural or urban land could not be sold or mortgaged hence citizens have only usufruct right over land. A usufruct right gives the user of the land, the right to use the land and the right to benefit from the fruits of her/his labor, whichmay be crops, trees, etc. found on the land or any permanent works such as buildings, etc. Persons who have lost their land as a result of acquisition for the purpose of public projects are entitled to be compensated to a similar land plus the related costs arising from relocation; assets such as buildings, crops or fruit trees that are part of the land, etc. 4.3 The Civil Code of Ethiopia The 1960 Civil Code of Ethiopia has several important provisions and procedures that are pertinent to expropriation of land and compensation for private property for public purposes. Pertain to this Act states competent authority has the right to compel the owner to surrender the ownership of an immoveable property for public purposes. Under the Ethiopian Civil Code, the owner may be compelled to surrender the ownership of land for public purpose. Furthermore, it is also stipulated in the Civil Code that a project or a program that necessitated the expropriation of private property needs to be declared that it is in the public interest. This is supported by Article 1463 that states the project which makes expropriation necessary shall be declared by notice to be in the public interest. and Act 1465 that states where public inquiry is necessary, the declaration of public utility will not be made until the public interest has been consulted. The Civil Code also provides for valuation of and compensation for loss of property. For example, it is stated in the Civil Code that compensation for lost property should follow the replacement cost principles. Pertain to this Act 1474 states The amount of compensation or the value of the land that may be given to replace the expropriated land shall be equal to the amount of actual damage caused by expropriation. 17

31 4.4 Expropriation of Landholdings for Public Purpose and Payment of Compensation The proclamation on expropriation of land and compensation No 455/2005 implies repealed the outdated provisions of the Ethiopian civil code of 1960 regulations land acquisitions and compensation for the purpose of public project. It is a new legislation established detail procedures setting the time limits within which land could be acquired after a request is received from a proponent, principles for assessment of compensation for properties on the land as well as for displacement compensation. It also empowered the Woreda (district) administration to established valuation committees to value private properties in the case of public owned infrastructures to be removed the barriers for planned land acquisition, substantially raised the amount of compensation payable to expropriated owners of properties and displaced people. Regulation No 135/2007 payment of compensation for property situated on land holdings expropriated for public purpose is issued for the proper implementation of the proclamation No. 455/2005. These regulations issued for the purpose of not only paying compensation but also to assist displaced persons to restore their livelihood. This regulation set forth details to determine the amount of compensation for different assets found on land holdings expropriated for public purpose and stipulated the formula to calculate the amount of compensation payable for different assets. Regarding the determination of compensation, in part three article 7 of the proclamation No.455/2005, the basis and amount of compensation is clearly explained in article 7(1) and 7(2). Act 7(1)a states that land holder whose holding has been expropriated shall be entitled to payment of compensation for his property situated on the land and for permanent improvements he made on the land. Act. 7(2) states that the amount of compensation for property situated on the expropriated land shall be determined on the basis of replacement cost of the property. Under article 8(1) of this proclamation a survival land holder whose land holding has been permanently expropriated in addition to the compensation payable under article of this proclamation will be paid displacement compensation, which shall be equivalent to ten times the average annual income he secured to bring the five years preceding the expropriations of the land. All PAPs and organization (whether public or private) that loss houses, crops or sources of income will be compensated or rehabilitated according to the type and amount of their losses. The cut off date for compensation eligibility will set once all detailed measurements have been completed; compensation will also not be paid for any structure erected or crops and trees planted purely to gain additional compensation. Cultivating land, constructing settlement in the project affected areas after the cut -off date will not be eligible for compensation or subsidies. 18

32 4.5 World Bank Policies and Procedure for Involuntary Resettlement World Bank issued an operational policy on involuntary resettlement policy OP 4.12 which is applied to all World Bank financed projects. The World Bank s OP 4.12 underlines the need to identify, understand and mitigate various impoverishment risk social cultural economic, and environment that may arise as a result of a development project that entails displacement of people. The objective of the Bank s resettlement policy is to ensure that population displaced by a project should receive benefits from it. The policy has the following key objectives: To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population displacement is unavoidable, exploring all viable project designs. Particular attention must be given to socio-cultural considerations, such as cultural or religious significance of land, the vulnerability of the affected population, or the availability of in-kind replacement for assets, especially when they have important intangible implications. When a large number of people or a significant portion of the affected population would be subject to relocation or would suffer from impacts that are difficult to quantify and to compensate, the alternative of not going ahead with the project should be given a serious consideration: To ensure that displaced people receive resettlement assistance, preferably under the project, so that their standards of living, income earning capacity and production levels are improved; To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts of displacement and resettlement and establish sustainable economy and society and To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly implemented resettlement plans. According to World Bank s involuntary resettlement program the resettlement plan should include measures to ensure that displaced persons should be:- Informed about their options and rights pertaining to resettlement. Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives. Provided prompt and effective compensation at full replacement cost for losses. Provided assistance (such as moving allowances) during relocation. Provided with residential housing, or housing sites, or as required agricultural sites for which a combination of productive potential, location advantages and other factors is at least equivalent to the advantages of old sites. Provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities and 19

33 Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living. 4.6 Urban Water Supply and Sanitation Project Resettlement Policy Framework The agreed Resettlement Policy Framework (RPF) related to the Urban Water Supply and Sanitation project mainly adheres to the constitution of Ethiopia 1995, civil code of the Empire of Ethiopia, 1960, land tenure regime in Ethiopia, rural land administration, 1997 and World Bank safeguard policy on involuntary resettlement. The Resettlement Policy Framework is prepared to be Operational Manual and reference for the water supply and sanitation project that are funded by the World Bank so as to minimize and mitigate the adverse impact of the project. Along this the policy has also the purpose to clarify resettlement principles, organizational arrangements, and design criteria to be applied to sub-projects to be prepared during project implementation. With this consideration, the framework specifies that:- Any impact of the UWSS Project on land and/or people (land acquisition, resettlement and livelihood restoration of affected people) will be addressed in compliance with the Constitution of Ethiopia, with other Ethiopian regulations, and with the World Bank safeguard policy in involuntary resettlement (OP 4.12). Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, by exploring all viable alternatives. Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs, providing sufficient investment resources to give the displaced persons the opportunity to share project benefits. Displaced and compensated persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement and compensation programs. Displaced and compensated persons will be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. 5. THE POSSIBLE POSITIVE AND NEGATIVE IMPACTS OF THE PROJECT AND MITIGATION MEASURES 5.1 General Any development project has its positive and negative impacts on communities living in the project area and its environs. Accordingly, the Kaliti wastewater sewer line and treatment plant 20

34 expansion and rehabilitation project has its impacts on the communities residing in the area. The project has primarily positive impacts in one way or another for Addis Ababa city population particularly in terms of improving public health in general and for the population who reside in the wastewater catchment areas. It has also a considerable benefit for the downstream residents who are living along the Little Akaki and Big Akaki rivers that drain far to the south and extends up to Lake Abhe. On the contrary, the project has different types of negative impacts on communities particularly on those who reside along the trunk line right off way requiring mitigation measures. 5.2 Positive Impacts a) Improvement of Community Health The main objective of the extension and rehabilitation of the sewer line and treatment plant is to bring improved health condition of the community residing the sewer catchment in particular and downstream residents and communities living along major river courses connected with the Akaki river basin. Especially for communities residing near the Little and Big Akaki Rivers and persons in the immediate downstream of the treatment plant will benefit a lot. After the project implemented individual households, industries institutions will have facilities to dispose their liquid waste which is currently major public health concern. Persons in the downstream who uses the water for domestic uses (at times for drinking)will be safer. It is obvious that this project is vital for improving the public health. In fact a lot has to be done to improve the liquid waste disposal facility of the city of Addis Ababa. b) Employment Opportunity The proposed project is anticipated to create employment opportunities, during construction and operation period temporarily and permanently. The construction phase creates job opportunities for local contractors and they would also employ skilled and unskilled workers. During the operation period, the project would need workers to run the operation activity in the treatment plant. It creates employment opportunities for unemployed persons in Addis Ababa city administration. c) Economic Benefits The most important economic benefit is the indirect advantage of persons living at the downstream improving their health conditions. The improvement of the health condition reduces the medication expense and improves the potential to do work. It improves their productivity, improve their nutrition status. As revealed from studies by the Addis Ababa Environmental Protection Agency many people suffer by water borne diseases due to the use of polluted rivers. The release of treated water will certainly improves the pristine quality of the rivers and protects the biological environment downstream. Many vegetable farms use the polluted river for local 21

35 irrigation. In fact the treatment plant alone may not solve the problem entirely unless the entire city gets better liquid and solid waste disposal facilities d) Business Opportunity The project may create business opportunity to manufacturers and sellers of building materials. Local communities may sell different items such as food and drink during the construction phase for workers. Such activities are very common in Addis Ababa. Many local communities live by selling food and drink whenever and wherever there is construction activity by moving together with the construction workers. e) Irrigation Opportunity The Kaliti treatment plant is assumed to purify the wastewater and make it safe for irrigation purpose. Farmers at the downstream may use the water and be able to grow farm products two times in a year or more. This will help farmers to grow different varieties of crops and vegetables to improve their income and improve their economic status. This will certainly in turn assists the food security program of the country and reduce the impact of climate change. If the treated water is used for irrigation (as indicated in the study document of AAWSA) many residents downstream may benefit to grow different vegetables and crops during the non-rainy periods. This is apparently the case for Oromia regional state as most of the plot of land at downstream is occupied by new settlers. Currently few residents grow vegetables around the treatment plant. They are using the solid waste from the drying beds as fertilizers. Plate 6 shows partial view of such activities. Most of them grow cabbage. How safe these vegetables are from pathogenic organisms is questionable. Hence as the benefit of the project the famers will enable to grow vegetables using well treated water that has health risk. The use of the treated water for irrigation in the Akaki well field has to be seen cautiously. Rhe aquifers in this area are unconfined and semi-confined. Trace elements may m pollute the well field. This demands further study, This is indicate in Volume I in detail. 22

36 Plate6Local vegetable farms close to the drying bed of the Kaliti treatment plant Negative Impacts a) Loss of Housing Units As per the physical inventory along the trunk lines about 231 housing units that were constructed for different purpose using different construction materials would be affected. In this case,31households would lose their residential housing units fully while 200 households would lose part of their residential housing units. Those households who lose their residential housing units at full demolishing condition will need to be relocated in other area because of the reason that they don t have area of land to construct residential housing unit at back or front yard. Apart from this, those households partially affected have only a very small portion of the kitchen garden house in a few cases or eucalyptus trees or fences affected because the digging of the sewer line requires space for the equipment. Once the digging is completed the space would continue to be owned by the owner. In such cases, the partially affected households are being compensated for the structures, trees and fences that are affected so that they can reconstruct/replant as required. In all cases it is realized that housings units that found in the project area are owned privately that are constructed of mud walls and corrugated iron sheet walls. 23

37 Mitigation Measure The mitigation measure for the possible loss of fully demolished housing units is to resettle the households. In connection with the resettlement, concerned offices have been consulted as to how these families are being resettled. The Land Development and Urban Renewal Agency under the city administration is explained the modality of the resettlement. According to the Agency, physically displaced households will be resettled in their respective sub-cities where all basic public facilities will be made available. In the course of resettlement, they will be consulted by resettlement committees of their sub-cities to know their needs and choices. If the estimation of the house is less than Birr 51,000 they will be given compensation option that include cash or small size housing unit that is constructed for the lower income group households. On other hand if the estimation is over the 51,000 Birr the actual estimated cost will be compensated under the following condition. For those who need to build their own houses with the compensated money, land will be provided in the designated areas within the respective sub-cities. Those who need condominium can buy with the compensated money they get. These persons are going to be resettled in places where there are developed infrastructures, social services which is likely to be better than the existing situation. With regard to Economically displaced households and organizations will be compensated according to the rules and regulations set by the city government, which is common to all subcities. Plate 7 Typical Mud wall housing unit Plate 8 Typical Mud wall and CIS housing unit 24

38 b) Loss of fences A number organizations and households will lose partially fences constructed of different materials. The majority of the fences are constructed out of corrugated iron hollow blocks. The total surface area of the fences to be demolished is about 7,749.8 m 2. The impact of fence demolishing activity is economical since it requires construction material and labor to replace as it was before. Mitigation Measure Since the impact of fence is reflected in terms of economy mitigation measure should be cash compensation. In this connection, all households and other organizations impacted by the project need to be compensated in cash as per measurement and type of fence that would be demolished considering the current market of the labor and the material cost. Plate 9.Typical corrugated iron sheet fence that would be affected by the project. c) Loss of Plantation Along the trunk lines it has been identified that some households would lose their eucalypts trees. These are used for different purposes. The number of trees and their owners were recorded during the inventory. 25

39 Loss of eucalyptus tree for affected households would have significant economic implication since they plant it mainly to generate income for their livelihood. They households also use it construction and fuel wood. Mitigation Measure The mitigation measure for the possible loss of eucalyptus tree is proposed to be cash compensation on the basis of appropriate valuation as per current market price. On this base, the proper mitigation measure for the loss of eucalyptus tree will be provision of compensation for in terms of cash for the number counted tree root with specified size and year of plantation. Plate 10Typical trees in par affected by the project. d) Loss of Septic Tanks and Fuel Tanks At few places, the project has an impact on septic tank and fuel tank. The capacity of the would be affected septic tank and fuel tank is measured to be 348m 3 and 208m 3 respectively. The impact has economic implication for replacement. Apparently, both types of tanks need construction for replacement that incurs labor and construction material. Mitigation Measure The possible mitigation measure for the impact is cash compensation for the owners. With that the affected bodies would be able to replace their thanks. 26

40 e) Loss of livelihood income In the project area as the effect of the project activities there are no households who will lose their livelihood directly. But indirectly most of the households face the problem since they depend on various activities for their livelihood. Mitigation measure For the purpose of the project sustainability and smooth construction activities the indirect impact on the livelihood of the PAPs needs to be mitigated. Accordingly, to improve the income status of those affected household it is necessary to organize the households under micro and small-scale enterprise in accordance to the city Administration policy. For the implementation purpose AAWSA will have a great responsibility and commitment to cooperate with all concerned stakeholders particularly Micro-Finance institutions and Addis Ababa City Micro and Small scale Enterprise Agency. f) Infrastructural Disturbance i. Roads Along the trunk line crossings it is identified roads of different types including asphalt road, cobblestone road and gravel roads will be affected. The effect will be at different points and the overall effect measured to cover 1719 m 2, 616m 2 and 2349m 2 for asphalt, coble stone and gravel roads respectively. Such disturbance needs to be reconstructed incurring construction cost and demands replacement on time. The impact has social dimension. 27

41 Plate 11 Ring road to be crossed by and disturbed by the project. Plate 12 Gravel road that would disturbed by the project. Plate 13 Coble Stone road that would be affected by the project. ii. Electric Power Poles 28

42 Related to impact on electric power system during the field assessment it is counted89 wooden poles needs to be relocated. The relocation has economic implication that needs replacement cost. Plate 14 Electric Pole that would be relocated iii. Telecommunication Poles With regard to telecommunication line disruption, it is assessed that there are 26 wooden poles to be relocated. This also needs costs for relocation purpose to continue the service in the area. Mitigation Measure For all infrastructures that require replacement and relocation, urgent measures have to be taken so that the usual services can be provided. Hence, the mitigation measure for the public infrastructure should be cash compensation for the respective service providers. g) Traffic Accident and Jam For construction activity, it is inevitable that a number of different types of vehicle will be deployed to transport construction materials in the project areas. In connection with this it is anticipated that traffic accidents may occur during the different phases of the project. 29

43 The trunk lines cross main ring roads and local asphalted and gravel roads. This may create traffic jam that may various problems in the activities area that could be perceived by road utilizes at large. Mitigation Measure The accident that is anticipated to be created in the project areas during the different phases of the project is believed to be reduced through undertaking timely mitigation measures. To this end in order to avoid or minimize the accident and the jam the mitigation measure should be: Awareness creation for all the drivers is significant by the contractor who manages the car drivers activity. Awareness creation for local communities to respect the rules of traffic during their movement in construction areas. In large road such as the ring road construction can be done during night when there is lower traffic movement. h) Health Impact The risk related to migrant workers is not expected because during construction workers are expected to come from the local area. The health impact may result to residents close to the construction sites due to increased dust level. Impacts related to health and safety matters are mainly related to accidents on workers, public health impairment, and accidents to the general public. Accidents to both the general public and workers are likely due to excavation, open trenches, trench collapses, obstructions to properties, flooding of trenches during heavy rains. Mitigation Measure As a preventive measure the contractor should be oriented to consider all safety measures in and around the area where construction activities are undertaken to safeguard the workers and the local communities. i) Social and Psychological Disturbance During the construction period along the trunk lines it is anticipated that different impacts would be created because of the project activities which could have various implications including social and psychological disturbance. The social disturbance on the local communities is anticipated to be created because of the displacement from areas where they lived for long time having good social interaction. 30

44 In addition to this it is also anticipated that social and psychological impact would be created on households those who loss property and develop suspicion about appropriate implementation of compensation for the lost property. Mitigation Measure Practically it is difficult to quantify and measure the social and psychological impact that would be created on individuals or local community. Hence, because of its nature mitigation measure for such impact is anticipated to be in terms of promotion and awareness creation and facilitation income restoration activities particularly for vulnerable groups. 6. ELIGIBILITY OF AFFECTED PERSONS AND ENTITLEMENT MATRIX 6.1 Eligibility Criteria Setting out eligibility criteria to compensate PAPs in relation to the impact of project activities is essential for effective implementation of compensation and undertake the project activities with success. Clearly defined criteria is also helpful to reduce conflicts that may be raised between the PAPs and implementing agency during the RAP implementation period. The core base for eligibility criteria for RAP implantation purpose is the National Policy of the country that is supported by regulation and the World Bank OP To this effect, the main eligibility criteria that should be adopted for compensation include: Formal legal right to land (including customary and traditional rights recognized by the law of the country); Formal legal rights to land at the time the physical inventory begins but have a claim to such lands or assets and recognized through a process identified in the resettlement plan Recognizable legal right or claim to the land they are occupying PAPs that will lose houses, fences, etc. affected by the construction works of the project. Legal documents such as certificates that proof the legal ownership of the land or properties that are obtained from concerned body. Census of PAPs and physical inventory of property before cut of date that excludes encroachment. It should be noted that the cut of date or completion of the physical surveying is September 10, For each household surveying date is indicated in the soft copy document provided to the client. 6.2 Eligibility for Compensation Eligible PAPs for compensation needs to be determined and defined prior to the implementation of RAP. This RAP has defined the Eligible PAPs for compensation based on the criteria in accordance with National and World Bank policies. 31

45 Hence, according to the World Bank OP 4.12 procedures, PAPs who are found under the following condition are defined to be eligible for compensation: a) Those who have formal rights to land (including customary and statutory rights of occupancy recognized under the Laws of Ethiopia), b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under Ethiopian laws, or become recognized through a process identified in the resettlement and compensation plan, c) Those PAPs whose structures and plantation and other properties would be affected by the project activity. d) Those who have no claim to land or housing unit they are occupying or using but standards of living are adversely affected as a consequence of project and related activities. During the implementation of this RAP each of affected Household heads or individual person or party that claim entitlement have to prove their legal rights over the immovable property that would be affected in order to qualify as a legitimate owner to receive compensation. To determine the eligible person for compensation AAWSA should take in to account the national proclamation and regulations and World Bank involuntary resettlement policy. On this base, the inventory data has established records of the PAPs in a project area who can receive compensation for lost assets and /or resettlement and rehabilitation assistance. 6.3 Entitlement Matrix Based on analysis of the impact of the project and the eligibility policies, an entitlement matrix is developed based on categories of PAPs according to losses and their entitlement benefits. The matrix proposes eligibility and payments for all kinds of losses (e.g., housing unit, fence and other income sources). Entitlement matrix outlined in the table below defines the eligibility for compensation and rehabilitation assistance for impacts /losses for different types of assets for different category of project affected persons. 32

46 Table 5 Entitlement matrix S/N Type of loss Entitled body Resettlement entitlement Legal Entitlement 1 Housing unit (residential, business center etc.) 2 Structures like fence and septic tank etc. Any person who owns hosing unit whether he/she have or does not have legal proof of land ownership Physically PAPs displaced Compensation as agreed upon by valuation committee and the proponent the entire structure at replacement cost based on the prevailing market rate Free transportation to relocation site for moveable structures affected Respective properties owners Compensation as agreed upon by valuation committee and the proponent the entire structure at replacement cost based on the prevailing market rate 3 Eucalypts tree plantation Respective properties owners Compensation as agreed upon by valuation committee and the proponent the entire structure at replacement cost based onthe prevailing market rate 4 Public infrastructure affected by the project e.g. Power lines, Telephone lines, water supply line, etc. 5 Income from business activity Organizations that are responsible to provide the service. Household who loss the business opportunity Livelihood restoration Appropriate support to restore livelihood at list to maintain the previous ones. 33

47 6.4 Cut off Date The project cut-off date is based on the last enumeration date for the various affected project areas. The last date of enumeration is September 10, This is considered as the cut-off date. The cut-off date determines the eligibility of the PAPs for compensation and new inhabitants coming to the project affected areas will not be considered for compensation. The consultant has advised the PAPs not to develop in areas earmarked for development as the new development will not be considered for compensation. All the Woreda have also been advised to consider the Cut- off day while providing work permission any construction activities along the line to prevent encroachment and any misleading approach in assuming compensation. As a special a case in Kirkos Sub-city Woreda 3, Small Scale Enterprises are observed while constructing buildings after a cut of date. This has been informed to the Project Office and the Woreda to take appraise actions. The following plate shows this specific site. Plate 5 Site clearance for construction on the trunk line in Kirkos Sub-city Woreda 3. After Cut- off date 34