EXECUTIVE SUMMARY PROJECT DESCRIPTION AND LOCATION... 6

Transcription

1 Revised in March 2017

2 Contents EXECUTIVE SUMMARY PROJECT DESCRIPTION AND LOCATION Overview of Metro Colombo Urban Development Project Design and Building of Ambatale Pumping Station SOCIO-ECONOMIC PROFILE AND SOCIAL IMPACT ASSESSMENT Socio-economic Profile of the Area Expected Sub-Project Benefits Impact of Land Acquisition Socio Economic Profile of the Affected Households LEGAL FRAMEWORK AND ENTITLEMENT MATRIX Introduction Land Acquisition Act 1950 (LAA) Land Acquisition Regulations of Land Acquisition (Payment of Compensation) Regulations of National Involuntary Resettlement Policy (NIRP) The World Bank Safeguards Policies Gap analysis of National and World Bank Safeguard Requirements COMPENSTION, RESETTLEMENT ASSISTANCE AND IMPACT MITIGATION MEASURES Cut-off Date and Eligibility Compensation and R&R Assistance Construction-Related Tempoary Impacts Impact of Labor Influx CONSULTATION, GRIEVANCE REDRESS AND PARTICIPATION Consultation Grievance Redress Mechanism (GRM) Disclosure INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION and Monitoring Key institutional arrangements for implementing the A-RAP: Monitoring and Evaluation ii

3 7. COST ESTIMATION FOR A-RAP IMPLEMENTATION Appendix 1: Land Acquisition Process Chart - MCUDP Appendix 2: Individual Consultations with PAHs iii

4 ABBREVIATIONS ADB - Asian Development Bank APs - Affected Persons A-RAP - Abbreviated Resettlement Action Plan CDO - Community Development Officer CMA - Colombo Metropolitan Area CMC - Colombo Municipal Council DSD - Divisional Secretariat Division EAC - Entitlement Assessment Committee EHS - Environmental, Health and Safety Guidelines EM - Entitlement Matrix EMF - Environmental Management Framework GIS - Geographic Information System GRM - Grievance Redress Mechanism GRC - Grievance Redress Committee GND - Gram Niladhari Division GoSL - Government of Sri Lanka IBRD - International Bank for Reconstruction and Development IFMS - Integrated Flood Management System IGP - Independent Grievances Panel IPID - Institute for Participatory Interaction in Development LAA - Land Acquisition Act LARC - Land Acquisition and Resettlement Committee LHD - Livelihood LKR - Sri Lankan Rupees LAO - Land Acquiring Officer LO - Land Officer LRC - Local Level Redress Committee M&E - Monitoring & Evaluation MCCDS - Metro Colombo City Development Strategy MCUDP - Metro Colombo Urban Development Project iv

5 MoM&WD - Ministry of Megapolis & Western Development MoL - Ministry of Lands NIRP - National Involuntary Resettlement Policy NHDA - National Housing Development Authority NWS&DB - National Water Supply & Drainage Board OP - Operational Policies PAPs - Project Affected Persons PAHs - Project Affected households PIA - Project Implementing Agency PLA - Project Local Authority PMU - Project Management Unit R&R - Resettlement and Rehabilitation SIA - Social Impact Assessment SLLRDC - Sri Lanka Land Reclamation and Development Corporation SLARC - Land Acquisition & Resettlement Special Committee SO - Social Officer SMF - Social Manage Framework UDA - Urban Development Authority USDA - Urban Settlement Development Authority WB - World Bank v

6 EXECUTIVE SUMMARY E1. Abbreviated Resettlement Action Plan (A-RAP): This Abbreviated Resettlement Action Plan (A-RAP) was prepared for the Design and Building of Ambatale Pumping Station, a sub-project of the Metro Colombo Urban Development Project (MCUDP). The A-RAP includes the project description and location, a census survey of project affected households, legal and entitlement framework, the process for land acquisition required for the pumping station and its impact on 04 project affected households, institutional responsibility for implementation, cost estimation for A-RAP implementation, implementing schedule, and monitoring and evaluation framework. All these are based on the guidance provided in the Social Management Framework prepared under MCUDP. E2. Introduction to MCUDP: The design and building of Ambatale Pumping Station will be undertaken as a sub-project of the MCUDP, which is jointly financed by the International Bank for Reconstruction and Development (IBRD) of the World Bank (WB) group and the Government of Sri Lanka (GoSL). MCUDP comprises three main components. The first component focuses on flood and drainage management to address the urgent issue of urban flooding, which regularly paralyzes the economy of the Metro Colombo Region with high socio-economic costs. The second component focuses on urban infrastructure development and rehabilitation for Project Local Authorities (PLAs). The third component consists of implementation support. The responsibility for implementation of the Ambatale Pumping Station rests with the Sri Lanka Land Reclamation and Development Corporation (SLLRDC), one of the key Project Implementing Agencies (PIAs) of the MCUDP. Overall monitoring and management will be carried out by the Project Management Unit (PMU) which has been established at the Ministry of Megapolis & Western Development. (MoM&WD). E3. The overall aim of the sub-project: The design and building of Ambatale Pumping Station subproject aims to improve the flood safety level in the Colombo catchment area. Floods in Colombo have been exacerbated by high intensity rainfall, insufficient storage, conveyance, and outflow capacity in the macro drainage system. Over the last decade, the storage capacity in the basin has reduced by about 30 percent due to unauthorized landfill and flood plain encroachments by illegal settlements. The conveying capacities have been obstructed by solid waste, floating debris, and bottlenecks in the existing canal system. Thus, the outflow capacity of the system is no longer sufficient to cater to high levels of rainfalls. Under this sub-project, it is proposed that a pumping station will be constructed at Ambatale and the canal section downstream of the flood bund of SLLRDC. The pumping station area is located 1

7 in Udumulla North 502 Grama Niladhari Division (GND) of Kolonnawa Divisional Secretariat Division (DSD). The proposed sub-project is designed to pump out water during periods of high water levels in the Kelani River and high rainfall in the upstream areas of Madiwela East diversion Canal. The total estimated cost of the sub-project is LKR 2,300 million and implementation responsibilities rest with the special project division of SLLRDC with the assistance of an external consultancy firm for construction supervision. The total contract period is 24 months starting from April Since this is a design and build contract, with six months allocated for designing work, the remaining 18 months has been allocated for construction work. E4. Social Screening: For the activities under this sub-project, social screening was carried out to identify potential adverse social impacts and a Social Impact Assessment (SIA) was carried out subsequently to ascertain the extent and magnitude of impacts. Accordingly, this Abbreviated Resettlement Action Plan (A-RAP) has been prepared following the guidance provided in the SMF to mitigate the adverse impacts in accordance with World Bank s OP 4.12 and national regulations. E5. Key Social Impacts and Mitigation Measures: The sub-project will benefit the community who are living in Udumulla North 502, Potuarawa, Kumaragaewatta and Averihena GNDs in terms of an improved environment affording them with healthier living conditions, and reduced flood risks. The implementation of this sub-project will affect two plots of land with the extent of hectare belonging to two private land owners and two other farmers who cultivate one of the land plots. Altogether, the sub-project will affect four households. The proposed location for Ambatale Pumping Station is upstream of the existing SLLRDC flood bund at Ambatale, on its Left Bank. Acquisition of two land lots with the extent of hectare for this sub-project had started under another MCUDP sub-project Improvements to Madiwela East Diversion Scheme Stage III (MED III) 1. Under MED III of MCUDP, an Abbreviated Resettlement Action Plan (ARAP) was prepared which was cleared by the Bank in August The acquisition process for the 2 land lots had started in June However, the land acquisition process was later abandoned half-way through (i.e., after sending request to Surveyor General to survey land and prepare preliminary plan) due to a management decision taken by the project in mid-2016 to exclude the construction of the Ambatale pumping station from the scope of Madiwela East Diversion Scheme stage III (MED III). This decision was later reverted in February 1 This is one of the sup project planned to be implemented under MCUDP to address the issue of frequent floods in low lying areas located in suburban areas such as Malabe, Rajagiriya and Kotte. Excess water from Kelani River getting to the existing Madiwela East storm water drainage canal and causes floods at least three times a year. The project expects to improve the existing flood gates at SLLRDC flood bund, construct a new gate structure at the outlet of secondary canal (Heen Ela) and implement canal bank protection activities in between SLLRDC flood bund and Kelani River. It is 410 meters long. 2

8 2017 and funds have been re-allocated to continue the work of the pumping station. Simultaneously, the process for initiating land acquisition was revived in February As mentioned earlier, land acquisition under this sub-project will affect two titleholder landowners and 2 other non-titleholders who cultivate this land with the consent of their respective landowners. Compensation for the two plots of land to be acquired will be paid at replacement cost as prescribed in the Land Acquisition Act (LAA), Land Acquisition Regulations of 2009, and the Land Acquisition Regulations of 2013, and in compliance with the National Involuntary Resettlement Policy (NIRP) and the SMF prepared under MCUDP. The two non-titled households who will lose their livelihoods will be compensated as per the guidelines provided in the Entitlement Matrix of the SMF of MCUDP. However, the contract will not be awarded and civil works will not start until the full compensation for acquired land is paid to the affected parties. Temporary impacts during construction such as access restrictions, noise, and dust are also anticipated. All these issues will be mitigated through proper mitigation measures as laid out in the EMP and in line with the Bank s Environmental, Health & Safety (EHS) guidelines provided in the Environment Management Framework (EMF). E6. Entitlement Matrix: The Entitlement Matrix (EM) prepared for MCUDP explains the category and type of loss and the eligible category for entitlements. As the Land Acquisition Act (LAA) does not address all types of losses, the involuntary resettlement policies (National Involuntary Resettlement Policy and the World Bank policy on involuntary resettlement (O.P, 4.12) as laid out in the SMF, will be applied to address such issues. All losses as a result of the implementation of this sub-project will be compensated at replacement cost. The following categories of impact in the EM will be relevant under the Design and Building of Ambatale Pumping Station sub-project. 1. Loss of land due to project related activities (item 1.1) 2. Loss of livelihood due to loss of cultivated lands (item 4.2 revised SMF) 3. Temporary adverse impacts of civil works (item 5) E7. Cut-off Date: The cut-off date for eligibility for entitlement for titleholders is the issuing of Section 2 notice under the LAA, and for non-titleholders, it is the date of census survey, i.e. 19 th December Specifically, the initial census survey of persons affected by land acquisition was conducted on 19 th December 2013, results of which were re-validated and updated on 14 th February The 2017 census survey confirmed that there have been no changes in the persons affected by land acquisitions. 3

9 E8. Implementation arrangement: The executing agency of the MCUDP is the MOM&WD and it has the overall responsibility for managing this sub-project, whereas the implementing agency for this sub-project in Amabatale will be the SLLRDC. The institutional arrangements for implementing this A-RAP will include a Social Management Cell at the PMU with a Social Development Specialist and a Social Officer in charge of coordinating all required A-RAP activities. The overall monitoring and coordination of A-RAP implementation activities will be vested with the PMU. The institutional framework provides for the transparency of the project activities through the establishment of a National Project Steering Committee which was established in E9. Grievance Redress Mechanism (GRM): As per the SMF prepared under MCUDP, a multi-stage GRM will be established. At the first level, the S o c i a l Officers/Community Development Officers (SOs/ CDOs) will receive and register any grievances brought to their notice a t t h e p r o j e c t s i t e and intervene to resolve them within their capacities. The second level will include a Local Redress Committee (LRC). Representatives from the community, CDO/SDO, Grama Niladhari of the area, Community Leader and sub project Engineer will be represented at the LRC. The third level involves a GRC at the PIA, in this case, the SLLRDC, with the Project Manager of SLLRDC heading the GRC and chairman of the LRC, Grama Niladhari of the area, CDO/SO and two community representatives serving as committee members. The fourth level of GRC is headed by the Project Director of GRC with the Social Specialist of MCUDP, Project Manager of SLLRDC and relevant Social Officer of the sub project, represented as committee members. Finally, an Independent Grievance Panel (IGP) comprising representatives of Ministry of Land, Women Affairs, Department of Valuation, Civil Society, a Lawyer and a retired Civil Servant, has been established under MCUDP to hear and address appeals from the aggrieved party not satisfied with decision of the other three levels of GRCs. Except for IGP, every layer of the GRM will be required to be solve the reported grievances within one weeks time, while two weeks have been allocated for the IGP. Apart from these GRMs, the PAPs have recourse to external institutions, such as Samatha Mandala (Reconciliation Boards) and Courts to obtain redressal of their grievances, if he/she is not satisfied with the response received from the Project level grievance redress mechanisms. E10. Consultation and Disclosure: Consultations were carried out and documented during project identification, preparation and design of the sub-project, while carrying out Screening/ SIA to discuss risks and impacts, and whilst preparing this A-RAP. A total of 07 consultations with 04 PAHs and other informal consultations with the community were held during the period December 2013 to February 2017 (with an interruption when the project was stalled from mid-2016 to March 2017). The Grama Niladhari (GN - Mrs. P.H.P. Giyani Renuka), and the Samurdhi / Divinaguma Officer (Mrs.W.N.P.K.Wickrama) of Udumulla North 502 division were also consulted. Further, additional consultations will be held prior to, and during civil work. This A-RAP will be disclosed 4

10 on the MoM&WD website and made available at the SLLRDC and PMU for public reference, and also disclosed on World Bank s InfoShop. Additionally, the Executive Summary of the A-RAP along with the Entitlement Matrix will be made available in Sinhala and Tamil languages. E11. Monitoring, Evaluation and Reporting: Monitoring and Evaluation (M&E), and reporting will be carried out at two levels: at the PMU level, and the SLLRDC level. The PMU has recruited a Social Specialist to undertake the M&E and reporting of social safeguards management, including the implementation of this A-RAP, to ensure that safeguard issues are sufficiently mitigated as per this A-RAP and the SMF for MCUDP. A Social Officer of the MCUDP, who is stationed at the SLLRDC/PMU, will monitor and report on safeguard implementation at the field level. This includes paying close attention to the delivery of entitlements to APs as per this A-RAP and the Contractor s social safeguard obligations. The PMU will submit quarterly social safeguards progress and monitoring reports with safeguard reviews carried out by the Social Safeguard External Monitor and sent to the World Bank for review. These will form the basis for any improvements to be brought about in the A-RAP and implementation arrangements. E12. Budget: Temporary impacts will be mitigated as part of the construction management and will be incorporated into the contractor s work agreement. A budget has been prepared which allows for the cost of paying compensation for acquired land, loss of livelihoods, livelihood restoration, consultations, information dissemination, and reporting, as well as a provisional sum for unforeseen third-party damages. The total resettlement budget will be approximately LKR 45,075,618. 5

11 1. PROJECT DESCRIPTION AND LOCATION 1.1 Overview of Metro Colombo Urban Development Project 1. Flooding in and around the Colombo Metropolitan Area (CMA) has been occurring for many years and causes considerable economic disruption and social hardships to a large segment of the population. The urban poor, who mostly live in low-lying areas prone to flooding, are particularly hard hit by the problems caused by flooding. The MCUDP aims to improve the flood control and drainage infrastructure and management system of the Colombo water basin and enhance the competence of central and local governmental authorities to deliver and manage infrastructure and services in the CMA. There are three main components to the MCUDP. Component 1: Flood and Drainage Management 2. This component would address the urgent issue of urban flooding, which regularly paralyzes the economy of the CMA with high socio-economic costs. This component includes the Enhancement of Drainage Capacity in the Colombo Water Basin, Micro Drainage System within the Colombo Municipal Council (CMC), Capacity Enhancement for Flood and Drainage Management and Beira Lake Linear Park and Beddagana Park. Component 2: Urban Development, Infrastructure Rehabilitation, and Capacity Building for Metro Colombo Local and Central Authorities 3. This component aims to strengthen institutional capacity at metropolitan and local level, and support project implementation. This component includes Investment Support to Local Authorities and Institutional Strengthening and Capacity Building for Local Authorities. Component 3: Implementation Support 4. Implementation support will be provided in the areas of (I) project management, monitoring & evaluation, procurement, financial management and environmental and social safeguards; (ii) public awareness and communications support regarding project interventions, management of public expectations, behavior changes and resettlement; (iii) support to the SLLRDC, UDA and Project Local Authorities (PLAs) in construction, supervision and compliance with environmental and social safeguards; (iv) purchase of vehicles, office furniture and IT equipment for the Project Management Unit (PMU); and (v) operating costs of the PMU. 6

12 Project Location and Activities 5. Figure 1: the Project is implemented in the Metro Colombo Urban Region, an area which includes the Colombo Municipal Council (CMC), Dehiwala-Mt Lavinia Municipal Council, Sri Jayawardenapura-Kotte Municipal Council, the Urban Council of Kolonnawa, and other local authorities overlapping within the Colombo Basin. Each of the Project Implementing Agencies (PIA) have identified and proposed a list of priority investments to be financed under the project, providing different degrees of preparation and details. Figure 1 Project Location Implementing Institutions 6. The MoM&WD has set up a PMU to operate under the oversight of a steering committee and to coordinate and administer as necessary, activities to be implemented under the Project. Implementation responsibilities rest with the SLLRDC, UDA, CMC and PLAs. 7

13 1.2 Design and Building of Ambatale Pumping Station 7. The proposed Ambatale Pumping Station is located upstream of the existing SLLRDC flood bund at Ambatale, and in the Udumulla North (502) GN Division of Kolonnawa Divisional Secretariat Division. It is situated towards the Eastern part of Colombo basin adjacent to the water purification plant of the National Water Supply and Drainage Board (NWS&DB). The Udumulla North GN Division has a total a population of 2,621 comprising 1,322 males, and 1,299 females. 8. The proposed pumping station at Ambatale will have a pumping capacity of 20 m³/s to improve the downstream canal section of the flood bund of SLLRDC. The objective of constructing the pumping station is to pump out water during periods of high water in the Kelani River when this coincides with high rainfall in the upstream of Madiwela East Diversion Canal. During the heavy flooding experienced in this area in May 2016, the areas under the downstream canal of the Malabe-Kaduwela Road Bridge and its adjoining areas were flooded for several days even after rainfall in the catchment had ceased as the gravity flow gates at Ambatale were kept closed due to high water levels in the Kelani River. The construction of this pumping station requires prior approval of the Irrigation Department as the responsibility of canal management rests with it. The scope of work under this sub-project includes the following: Civil works of the pumping station and ancillary buildings, including landscaping, drainage, access and internal roads, walkways, fences, hand rails, etc., as required Mechanical works of the pumping station, including pumps, gates, screening arrangements, valves, pipes, etc., as required Electrical and instrumentation works of the pumping station and ancillary buildings, including generators, transformers, distribution boards, protection systems, monitoring and controlling systems, lighting, cables, wires, etc., as required Utilities for the functioning of the pumping station and ancillary buildings, including electricity, drinking water, sewerage, telecommunication, etc., as required Canal bank protection works of the upstream canal stretch shown in the drawings, by a suitable bank protection method, as required Civil, mechanical, electrical and instrumentation works for installation of new vertical gates at the SLLRDC flood bund, as required Construction of pumped water outlet through the existing SLLRDC flood bund 9. The identified location and the proposed layout plan of the pumping station are shown below. 8

14 1 Figure 2: Identified Location for Proposed Pumping Station

15 1 Figure 3: Lay out Plan of Proposed Pumping Station

16 10. The sub-project will be implemented under Sub-Component 1.1 of the MCUDP, namely the Enhancement of Drainage Capacity in the Colombo Water Basin. The responsibility for implementation rests with the Special Project Division of the SLLRDC. The estimated cost of the subproject is approximately LKR. 2,300 million. The contract period is 24 months starting from April This is a design and build contract, with six months allocated for designing work and the remaining 18 months allocated for construction work. 12

17 2. SOCIO-ECONOMIC PROFILE AND SOCIAL IMPACT ASSESSMENT 2.1 Socio-economic Profile of the Area 11. The proposed sub-project for building Ambatale pumping station is located in the Udumulla North 502 Grama Niladhari Division in the Kolonnawa Divisional Secretariat (DS) area. It is situated towards the eastern part of Colombo basin and closer to the water purification plant of the National Water Supplies and Drainage Board (NWS&DB). The Udumulla North Grama Niladhari Divisional area has a population of 2,621, comprising 50.43% males and 49.57% females. The area is a multi - ethnic community where Sinhalese, Muslims, Tamils, Burghers and other groups have been living together for several years. The ethnic composition is predominantly Sinhalese with 91%, followed by Sri Lankan Tamil (4.56%), Sri Lankan Muslim (2.21%), Sri Lankan Malays (0.91%), Indian Tamil (0.62%), Sri Lankan Burghers (0.59%), and Others (0.11%). The main livelihood of the people is paddy and other crop cultivation. Others work in Government and private sector jobs and various other commercial activities. In addition to the Udumulla North GND population (2,621), another 16,651 persons spread over the Potuarawa, Kumaragaewatta and Averihena GNDs of Kaduwela Divisional Secretariat Division will also benefit from the construction of the Ambatale pumping station in terms of reduced incidence of flooding and its associated adverse effects on the livelihoods of people. Table 1 below summarizes the demographic data of the four GNDs that fall within the subproject impact area who are expected to benefit from the project. Table 1: Beneficiary population in the subproject impact area GND GND No Total Population Female Male Udumulla North 502 2,621 1,299 1,322 Potuarawa 477C 7,372 3,552 3,820 Kumaragaewatta 479D 5,457 2,794 2,663 Averihena 495A 3,822 2,584 1,238 Total 19,272 10,229 9, In January 2014, under MED III subproject, both social screening and a social impact assessment were carried out to understand the subproject activities, explore the alternatives, and identify the corridor of impact and the associated adverse and positive impacts, including land acquisition, resettlement requirements, and the impacts on people s lives. The results from the assessment was re-validated and updated again in February The 2017 social screening and a social impact assessment confirmed that there have been no changes in the persons affected by this sub project. 13

18 13. Accordingly, this A-RAP includes relevant mitigation measures to address those impacts. The methodology for social screening and the SIA included a desk review of the project documents and design drawings, study alignment maps, interactions with the technical team on site, census survey of project affected persons (PAPs) and consultations with the PAPs and other community members living in the corridor of impact. 2.2 Expected Sub-Project Benefits 14. The sub-project is expected to benefit a total population of 19,272 people living in Udumulla North GND of Kolonnawa Divisional Secretariat Division and Potuarawa, Kumaragaewatta and Averihena GNDs of Kaduwela Divisional Secretariat Division. The design and building of Ambatale Pumping Station will help to reduce flooding, even when the water level of the Kelani River is higher than the Madiwela East Canal, thereby minimizing the disruption to daily living and livelihoods of the surrounding community. The reduction of the incidence of flooding will also contribute to sustaining a clean and healthy environment in the subproject impact areas. Furthermore, the implementation of Madiwela East Diversion Scheme stage I, II and III (MED 1, 2 and 3) sub-projects under the MCUDP, will increase the water storage capacity upstream which eventually will benefit the farmer community. The subproject will also contribute to the mitigation of flooding in Malabe area which is now earmarked for development as a Science and Technology Educational Area, or Techno City. 2.3 Impact of Land Acquisition 15. The construction of the Ambatale Pumping station requires acquisition of two land lots with an extent of hectares that belongs to two titleholders. In addition, one of the land lots earmarked for acquisition is cultivated with vegetables by two other persons. Altogether, four households will be affected by land acquisition two households that will lose their land and two farmers who will lose their livelihoods and incomes. Details of landowners and land to be acquired are given in Table 2. 14

19 Table 2: Details of land acquisition S N Name PAP of Address Ownership Status Type of Losses due to Sub-project Extent of land to be acquired (perches) Total Extent of Land (perches) 1 Mr. N. Ariyarathna No. 62, Ambatale, Mulleriyawa New Town Titleholder Land Mr. W. A. Siriwardhan a No. 157/A, Maliyagodalla Road, Udumulla Nontitleholder Livelihood & income 3 Mr. S. D. Sirisoma No. 107, Ambatale Wewa Road, Udumulla, Mulleriyawa Nontitleholder Livelihood & income 4 Mr. K. A. D. Nandasiri No. 112, Wewa Para, Udumulla, Mulleriyawa New Town Titleholder Land Of the two landowners, the main source of livelihood activity of Mr. N. Ariyarathna is to sell motor spare parts whereas Mr. Nandasiri runs a food cabin. Their reported monthly incomes from these activities are LKR 60,000 and LKR 40,000, respectively. The land that belongs to Mr. Nandasiri remains as a bare land and has not been used for any productive purposes. However, acquisition of land belonging to Mr. N. Ariyarathna will result in loss of livelihood for two households, namely those of Mr. W. A. Siriwardhana, and Mr. S. D. Sirisoma, who are cultivating vegetables on the land that belongs to Mr. Ariyarathna. 17. At present, these two hosueholds who are farming the land of Mr. Ariyarathna, give a small portion of their production to the land owner. This arrangement is not a payment for the land usage but these two farmers are doing their cultivation with the consent of the land owner. Vegetables are cultivated during two seasons of the year. However, during the lean cultivation period, one of the farmers - Mr. Siriwardhana engages in daily paid casual labor work to find supplementary incomes. However, Mr. Sirisoma s family is dependent on the income from the land, in addition to a monthly interest income of LKR 8,000 which the family receives from a fixed deposit maintained in a bank to meet their family expenses. The incomes generated from vegetable cultivations by Mr. W. A. Siriwardhana and Mr. S. D. Sirisoma in a single cultivation season are reported to be around LKR 75,000 per person. However, their incomes vary with climatic conditions, market fluctuations, transportation difficulties and inadequate storage facilities. Accordingly, the total monthly incomes of the two farmers are estimated to vary between LKR 12,000-15,

20 18. Since the Ambatale Pumping Station subproject was previously planned to be implemented under Improvements to Madiwela East Diversion Scheme stage III (MED III) of MCUDP, an Abbreviated Resettlement Action Plan (ARAP) was prepared which was cleared by the Bank in August The acquisition process for the 2 land lots was initiated in June However, it was later abandoned half-way through (after issuing section 6 Notice) due to a management decision taken by the project in mid-2016 to exclude the construction of the Ambatale pumping station from the scope of Madiwela East Diversion Scheme stage III (MED III). This decision was later withdrawn in February 2017 and funds were re-allocated to continue the work of the pumping station. Simultaneously, the land acquisition process was revived in March Socio Economic Profile of the Affected Households 19. The four project affected households (PAHs) reside at Ambatale Village in the Udumulla Grama Niladhari Division in the Kolonnawa Divisional Secretariat area. All of four households are Sinhala Buddhists and they have been living in the area for over 20 years. The total population and the age composition is included table 3 below. Table 3: The Total Popoulation & the Age Composition of PAHs Se.No. Description No. 1) Total population of the 04 PAHs - Male composition - Female composition ) Population by Age - Below the age of 14 years - Age between years - Over and above 60 years One of the farmer households (Mr. Sirisoma) has 3 family members while the second household (Mr. Siriwardhana) has 5 members. Both farmer households have 02 school going children while six members are dependents. In terms of the official poverty line of per capita 16

21 monthly income of LKR 4, 475 per person, both farmer households live below the official poverty line. However, neither of the two households receive any government subsidies such as Samurdhi or other public assistance. 21. As per this A-RAP, the two landowners whose land will be acquired will be provided with cash compensation at replacement cost while the two farmer households will receive livelihood allowances and other resettlement and rehabilitation assistance to resotre their livelihoods and loss of incomes (See Section 4 for details). 17

22 3.1 Introduction 3. LEGAL FRAMEWORK AND ENTITLEMENT MATRIX 22. The policy, legal framework, resettlement principles and entitlements in the A-RAP are based on Government of Sri Lanka s Land Acquisition Act (LAA), No.9 of 1950, Land Acquisition Regulations of 2009, Land Acquisition (Payment of Compensation) Regulations 2013, National Involuntary Resettlement Policy (NIRP), 2001; the World Bank s Safeguards Policy OP 4.12 and the Resettlement Policy Framework (SMF) prepared for the MCUDP. The Land Acquisition Act (LAA) provides for compensation for land, structures and crops affected by acquisition, and does not address resettlement related issues, including impacts on non-titleholders. The National Involuntary Resettlement Policy (NIRP) of 2001 has provision to address the resettlement and rehabilitation issues including payment of compensation at replacement cost. The Land Acquisition (Payment of Compensation) Regulations 2013 also provides for additional compensation in the form of ex-gratia payments to persons affected by land acquisitions. The following is a brief summary of these legal instruments, the details of which are provided in the SMF prepared for MCUDP. 3.2 Land Acquisition Act 1950 (LAA) 23. The law governing acquisition of private land for public purposes is the Land Acquisition Act (LAA) No.9, enacted in 1950 and its subsequent amendments latest being the Amendment Act No 13 of The LAA provides the legal basis to acquire lands, if required for any development project. It includes provisions for compensation for land, structures and crops. The LAA provides for the payment of compensation on the basis of market value defined as the amount which the land might be expected to have realized if sold by a willing seller in the open market as a separate entity. This separate entity principle resulted in hardships particularly when a small part of a larger land was acquired. In the open market such a small area of land fetched a minimum value. 24. The acquisition of land for the Ambatale Pumping Station will be governed by the provisions made in the LAA, especially in terms of the process for acquisition. A summary version of the acquisition process for private lands is presented in Appendix Land Acquisition Regulations of The Land Acquisition Regulations of 2009 provides for additional compensation beyond market value and incorporates compensation for injurious affection, severance and disturbances based on the principle of value to owner (Gazette notification No.1596 of ). The regulations also provide for payment of compensation to non-titleholders. Further, it has redefined the valuation approach and states that in the case of land where part of a land is acquired and when its value as a separate entity deems to realize a value proportionately lower than the Market Value of the main land the compensation should be proportionate to the value of the main land. 18

23 3.4 Land Acquisition (Payment of Compensation) Regulations of The Land Acquisition and Payment of Compensation Regulations of 2013 enable the project implementing agencies to establish Land Acquisition and Resettlement Committees (LARC) and Super LARC once the projects are designated as specified projects by the Cabinet of Ministers. The LARC system provides a mechanism for the parties affected by land acquisition to appeal for a higher compensation if they were dissatisfied with the statutory compensation paid to them under the Land Acquisition Act (LAA) of The LAA of 1950 provides only a limited appeal process for aggrieved parties through the Land Acquisition Review Board (LARB) which is hardly accessible to many affected parties (APs) particularly the poor and vulnerable due to cost and time. Instead, the LARC established at divisional secretariat level and chaired by the divisional secretary is easily accessible to APs where he/she will be given an opportunity to make their representations during LARC proceedings. 27. The LARC is constituted by the Divisional Secretary or Assistant Divisional Secretary of the relevant Divisional Secretary s Division, the Surveyor General or his nominee, the Chief Valuer or his nominee and an officer not below the rank of the Assistant Secretary nominated by the Minister to whom the subject of the respective Specified Project has been assigned. LARC offers an ex-gratia package of compensation which among others include compensation for land, encroached state land, paddy land, buildings and structures, rent controlled premises under the Rent Act, loss of business and livelihoods, allowances for vulnerable families, loss of wages and employment, exgratia payments for handing over possession of property before the deadline, payments for relocation and self-relocation etc. Project affected persons who are dissatisfied with the decisions of LARC can appeal to the Super LARC. The Super LARC is constituted by the Secretary of the Ministry to whom the respective subject of the Specified Project is assigned or his representative, the secretary to the Ministry of Land, the Secretary to the Ministry of Finance, the Chief Valuer and the Surveyor General or their nominees. 28. After considering the urgent requirement of controlling floods in Colombo Metropolitan area, the cabinet of Ministers of Sri Lanka Government has designated the MCUDP as a specified project enabling the project to follow the LA Regulations of 2013 for acquisition of any private land for project purposes. Therefore, MCUDP will apply the LA Regulations 2013 for payment of additional compensation to persons affected by acquisition of land for the building of Ambatale pumping station. 3.5 National Involuntary Resettlement Policy (NIRP) 29. The main policy principles of NIRP include: 19

24 Involuntary resettlement should be avoided or reduced as much as possible by reviewing alternatives to the project as well as alternatives within the project. Where involuntary resettlement is unavoidable, affected people should be assisted to reestablish themselves and improve their quality of life. Gender equality and equity should be ensured and adhered to throughout the policy. Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all affected persons. Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs. Resettlement should be planned and implemented with full participation of the provincial and local authorities. To assist those affected to be economically and socially integrated into the host communities, participatory measures should be designed and implemented. Common property resources and community and public services should be provided to affected people. Resettlement should be planned as a development activity for the affected people. Affected persons who do not have documented title to land should receive fair and just treatment. Vulnerable groups should be identified and given appropriate assistance to substantially improve their living standards. Project Executing Agencies should bear the full costs of compensation and resettlement. 3.6 The World Bank Safeguards Policies 30. All projects funded by World Bank must comply with the Bank s social safeguards. OP 4.12 Involuntary Resettlement is one of the most important safeguards guiding land acquisition and related resettlement /compensation issues during project implementation. The SMF prepared under MCUDP seeks to ensure due diligence process with regards to screening, identification, design, implementation and monitoring of social issues under the project. In particular, it assists the respective PIAs in screening the sub-projects for social impacts in conformity with applicable laws and regulations and the Bank s safeguard policies. Involuntary Resettlement Policy of the World Bank (OP/BP 4.12) 31. Involuntary resettlement covers situations where there are risks and impacts associated with loss of land, other assets, livelihood, or standard of living. The World Bank operational policies 20

25 seek to: (a) avoid where feasible or minimise involuntary resettlement, exploring all viable alternative project designs; (b) if not feasible, carry out resettlement activities as sustainable development programmes that provide sufficient resources to enable displaced persons to share in project benefits; (c) ensure that the displaced persons are informed about their options and rights pertaining to resettlement; (d) meaningfully consult the displaced persons and provide them with opportunities to participate in the planning and implementation of resettlement programmes; (e) assist the displaced persons in their efforts to improve their standards of living or at least to restore them to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 32. In situations where there are risks and impacts associated with the aforementioned losses, the Bank requires that the borrower prepares a a Resettlement Action Plan (RAP) or an Abbreviated Resettlement Action Plan (A-RAP) following the screening and assessessment of social impacts to mitigate the identification of impacts. The RAP/A-RAP lays down entitlements with eligibility criteria for providing compensation and resettlement benefits; implementation arrangements necessary to implement the action plans to mitigate impacts; and a monitoring framework. 33. The required measures to address the impacts resulting from involuntary taking of land including: ensuring that the affected persons are informed about their options and rights pertaining to resettlement; consulted on and provided with technically and economically feasible resettlement alternatives and provided compensation at full replacement cost. Where the impacts include physical relocation, the RPF includes measures to ensure that the displaced persons are provided moving allowances and provided with residential housing. The policy also states that in cases where impacts on the entire displaced population are minor, or fewer than 200 people are displaced, an abbreviated resettlement plan (A-RAP) may be agreed with the borrower. Impacts are considered minor if the affected people are not physically displaced and less than 10 per cent of their productive assets are lost. 3.7 Gap analysis of National and World Bank Safeguard Requirements 34. Broadly, Sri Lanka has a complex legal system to manage land acquisition and regulate land use. It has an advanced system for valuation of properties, both in specialized and non-specialized categories involving different methods as mentioned earlier in this chapter. The existing legal provisions come close to meeting the World Bank s safeguard requirements in respect of land acquisition and involuntary resettlement. The GoSL s NIRP, LA 2008 and the LAR 2013 seek to address the gaps thus bringing the process closer to the Bank s safeguards polices. 35. The SMF prepared under the MCUDP provides a detailed analysis of the gaps between national regulations and World Bank s policies. Specifically, the SMF provides that, notwithstanding the above laws and provisions relating to reservations on state lands and recovery of state lands, no person affected by the MCUDP shall be ejected from his/ her residence or business irrespective 21

26 of possession status without, if eligible, being provided with appropriate resettlement and rehabilitation assistance as spelt out in the Entitlement Matrix. In case of any conflict between these laws and the SMF, the latter will prevail. 36. In this context, this ARAP prepared is in line with the SMF, and the entitlements provisioned for the affected people are in accordance with the Entitlement Matrix and the specific guidelines included in the SMF to ensure compliance with the Bank s OP Whereas LAA remains the main legal procedure for acquiring private land required for the Project, the affected persons and households will receive eligible compensation and resettlement benefits as per the Entitlement Matrix given in the SMF irrespective of their title or occupancy status prior to losing shelter, business, assets, and incomes due to this subproject. 22

27 4. COMPENSTION, RESETTLEMENT ASSISTANCE AND IMPACT MITIGATION MEASURES 37. The Entitlement Matrix provided in the SMF for MCUDP outlines the various types of losses resulting from sub-project impacts and provisions for compensation and R&R benefits for various categories of affected people. The matrix applies to all sub-projects entailing involuntary resettlement impacts irrespective of the size of the sub-project and extent of impact. The SMF also requires that if at any stage of a sub-project, additional resettlement impacts are identified, the A- RAP will be updated by the PIA making provisions for mitigating such impacts with compensation and R&R benefits in line with the Entitlement Matrix. 4.1 Cut-off Date and Eligibility 38. Under this sub-project, and also the MCUDP in general, the cut-off date cut-off date for eligibility for entitlement for titleholders is the issuing of Section 2 notice under the LAA, and for non-titleholders, is the date of census survey, i.e. 19 th December Persons who encroach on the area after the cut-off-date are not entitled to claim compensation or any other form of resettlement assistance. Fixed assets such as built structures or planted trees after this date will not be compensated. Under this sub-project, the initial census survey of persons affected by land acquisition as mentioned above was conducted on 19 th December 2013, results of which were revalidated and updated on 14 th February The census survey of 2017 confirmed no change in the persons affected by land acquisition. 39. Accordingly, the persons entitled to receive compensation and other R & R assistance under the proposed subproject include 2 titleholding landowners who will be affected by land acquisition and 2 other non-titleholder farmers who cultivate the land to be acquired with the consent of their respective landowners. The latter is entitled to receive compensation and R & R assistance for the loss of their livelihoods. 4.2 Compensation and R&R Assistance 40. Based on the entitlement matrix prepared under the MCUDP and the census survey, under the design and building of Ambatale Pumping Station sub-project, the two titleholder households who will lose their lands, will be eligible for: 23

28 - Compensation 2 for affected land at replacement cost as per LAA 3 - Three months advance notification for harvesting crops, or compensation for crop damage - Compensation for trees affected at market price. - Applicable interest on compensation amount for delay in payment of compensation calculated from the date of taking over land possession - Ex-gratia payments decided by LARC & Super LARC under the Land acquisition Regulations of Meanwhile, the two non-titleholder households who will lose their livelihoods and incomes will be eligible for: - One-time cash allowance of LKR 18,000 for the loss of livelihoods with the approval of EAC. - Three months advance notification for harvesting crops, or compensation for crop damage based on the entitlement matrix prepared for MCUDP - Cash grant for restoration of livelihood based on the proposal submitted by the PAP. The proposal will include the alternate sources of livelihood selected by the PAPs, rental allowance for six months, working capital, etc., based on which the amount of grant will be decided by the Entitlement Assessment Committee (EAC) formed for MCUDP. Thus far, during the consultations held, one PAP indicated plans to open a sales outlet for vegetables in Ambatale junction; and the other PAP hopes to be able to lease another piece of land in the area for cultivation. A provisional sum of LKR 300,000 has been included in the budget of this ARAP for restoration of liveloods for these two PAPs. - Additional payments of LKR 50,000 by the landlord from the ex-gratia payments that the landlords received 2 Compensation will be paid in full prior to taking possession of any affected land or property or both for the project, and not in instalments as allowed by the Section 29 of LAA in order to enable the land and property losers to reestablish their shelter/business. 3 The compensation will include statutory compensation and ex-gratia as appropriate under the applicable provisions of the Land Acquisition Act and LA Regulation, 2008 and 2013, and the World Bank s OP 4.12 and the SMF prepared under the MCUDP. 24

29 - Provisions for contingency if livelihoods of the two affected farmers is not restored. A 5% contingency has been built into the budget for this ARAP to be utilized if in case, the two PAPs experience additional impacts not included in the ARAP or are unable to restore their livelihoods within six months of implementation of this ARAP. As mentioned in the ensuing section, this will be established during the monitoring visits carried out by the social safeguards specialist and Social Officer of MCUDP. - Continued Monitoring: The social officer of this sub project will re-visit and monitor the status of the PAHs who will lose their land and livelihoods. During the visits, the social officer will identify any further assistance and support required by them for their livelihood restoration. The project will extend/facilitate such assistance needed in collaboration with other relevant Government, non-governmental and private business agencies. 4.3 Construction-Related Tempoary Impacts 42. During the subproject construction work, there will be temporary access difficulties to the people from the surrounding communities. The diversion of the existing road during the construction period on right bank of the Madiwela East Canal will cause temporary access difficulties to people who use this road such as the residents from Udumulla North 502, Potuarawa, Kumaragaewatta and Averihena GNDs as well as others who use this road as short cut to enter the Malabe City via Chandrika Kumaratunga Mawatha. However, there are alternative roads that can be used and the required directions will be shown during the construction period. Similarly, around 35 residential households and a number of other people who use the existing road along the SLLRDC s flood bund to reach Waliwita would also experience temporary access difficulties during the construction and rehabilitation work of the flood bund. To address these issues, the following measures will be taken as mentioned in the Entitlement Matrix for MCUDP: 25 - Public notice at the site informing the people about: work schedule, likely temporary impacts, signage, safety advice and mitigation measures, contact details of officer in charge and grievance redress mechanism. - Necessary traffic management measures for facilitating mobility. Specifically, steps will be undertaken in consultation with the traffic department to minimize and mitigate adverse impacts on human and vehicular mobility including through traffic diversions and management; phased construction strategy; avoidance of construction work during peak hours - Special measures to provide access for continuing trade/business. Further, in case of loss of access to business for over a week, financial LKR 1000 per day will

30 be paid until the ease of access has been restored by the contractor and certified by the engineer with approval of the LARC. - The contractor will bear the compensation cost of any impact on structure or land due to negligent movement of machinery during construction or establishment of construction plant, as per standard contract provision. - Location of construction camps will set up by contractors in consultation with the implementing agencies and the surrounding community. - Necessary health and safety measures will be undertaken as part of the Environment Management Plans including measures for sound, dust pollution, and also minimization of hazard risks through signage and safety barricades, first aid facilities at work sites/camps, etc. - Specifically, for safety risks during construction, the contractor will be responsible for ensuring safety of pedestrians and others during civil works. This will include fencing off the contractor s workshops, material storage areas and other working areas from the public; Ensure that heavy machinery and material hauling vehicles do not unduly obstruct private access or public roads; displaying warning signs to ensure that heavy machinery and material hauling vehicles do not unduly obstruct access. - Temporary disturbances to communities arising from noise pollution, dust pollution, etc. during construction work will be mitigated by the contractor through the implementation of the Environment Management Plan. - Arrange to have the construction work to be executed during daytime and ensure that no work is carried out at night without the proper approval of Engineer. Ensure that heavy vehicles are not used within residential areas and narrow public lanes. Instead, smaller transport vehicles such as tractors with trailers, carts, baby dumpers may be used in such areas. Arrangements will be made to get photographs and collect evidences about the existing condition of the structures located in the surrounding area. 4.4 Impact of Labor Influx 43. Construction work for the Ambatale Pumping Station subproject will require the contractor to use laborers from outside though the contract will require that contractor recruit local laborers to the extent possible. In case, local laborers are not available, the contractor will be required to establish a labour camp near the project site. Due to the influx of migrant labour during 26

31 construction period, there may be some potential disturbances to the host community in the area. To mitigate that kind of negative impacts from the labour side, followings will be included under labor management in the contractor s obligation and will also be part of the bidding document: - Adherence to Sri Lanka s labor laws, including meeting minimum wages, ensuring equal wages for male and female workers for same work, no child labor, etc; - Proper insurance policy for the workers, contractors plant and machinery insurance, and Workmen Compensation Insurance, - Establish and maintain the health/sanitation to the satisfactory level at labor quarters and the construction site. - Organize continuous training and capacity building program for the workers such as on site and workers safety, emergency preparedness, health and hygiene, first aide, prevention of Sexually Transmitted Deceases (STD), HIV/AIDS, etc. - Introduction of sanctions for workers involved in criminal activities - Provision of services in the workers camp to reduce the need for workers to use local facilities - Code of conduct for laborers - Establishing of a grievance redress mechanism for laborers The contractor will be required to prepare a Contractor s Environmental and Social Management Plan (CESMP) that properly identifies and proposes risk mitigation measures as mentioned above prior to the start of any civil work and submit to the SLLRDC and the PMU. Appointment of suitable qualified and experience officer for handling social safeguard and safety matters. 27

32 28 5. CONSULTATION, GRIEVANCE REDRESS AND PARTICIPATION 5.1 Consultation 45. Consultations were carried out and documented while preparing and designing the subprojects to discuss alternatives, during Screening/SIA to discuss risks and impacts, and while preparing this A-RAP. A total of 07 consultations with 04 PAHs and other informal consultations with the users of existing road on right bank of Madiwela East Canal and existing road via Flood Bund of SLLRDC towards the Weliwita, were held during the period of December 2013 to February Further, the Grama Niladhari (Mrs. P.H.P. Gayani Renuka) and the Samurdhi/ Divinaguma Officer (Mrs. W.N.P.K. Wickrama) of Udumulla North 502 division were also consulted. Additional consultations will be held prior to and during the construction period. A summary of key outcomes of consultations are included in the table below. Table 4: Details of consultations done & key outputs acheived Date Participants Major issues / concerns raised by PAPs Given Answers / Actions taken or to be taken Two land owners 02 Land owners didn t have a complete understanding about the proposed sub-project activities and the importance of this project s implementation PAPs made aware of the proposed sub project interventions, including benefits and potential adverse impacts Seven users of existing road on right bank of Madiwela East Canal and existing road via Flood Bund of SLLRDC towards the Weliwita Reasons for implementing the subproject in the area Inability to use the road during the construction period PAHs don t have a complete understanding The objective clarified, including improvements in the flood safety level of Colombo catchment area. Specifically, it was mentioned that the proposed sub-project is designed to pump out water during periods of high water levels in the Kelani River and high rainfall in the upstream areas of Madiwela East Diversion Canal. Yes, the road will not be accessible during the construction period but necessary arrangements will be made to provide alternate access PAPs made aware of the proposed sub project

33 Two PAHs who are cultivating in Title Owner s land Divisional Secretary of Kolonnawa & Grama Niladhari of Udumulla North 502 GND Two land owners, two cultivating PAPs, ten users of existing road on right bank of Madiwela East Canal and seven users of existing road via Flood Bund of SLLRDC towards the Weliwita about the proposed subproject activities and the importance of this project s implementation Compensation for the loss of livelihoods and other types of livelihood support Benefits from the subproject Amount/nature of compensation and other R&R assistance interventions, including its benefits and potential adverse impacts Compensation will be provided for the loss of cultivation Advance notification to allow PAHs to harvest crops Livelihood grants to improve/restart livelihood sources after acquisition of the land - Collected the general socioeconomic data of the area - All the participants informed about the possible positive impacts such as reduced flooding in the area, minimizing the disruption to daily living and livelihoods of the surrounding community and sustaining a clean and healthy environment in the area. Made aware about the entitlements and proposed livelihood support such as compensation for affected land at replacement value, opportunity to participate in LARC & SLARC, livelihood assistance of LKR 18,000, cash assistance to re-stablish their familiar livelihood, etc. 5.2 Grievance Redress Mechanism (GRM) 46. The land acquisition and implementation process can lead to several grievances and complaints on the part of the PAPs. These may include grievances related to land acquisitions, entitlements and compensation, disruptions to livelihoods, services and facilities, etc. Complaints can also arise from sub-project construction work, which cause disturbances to public life and 29

34 hindrances to private and public property. The latter can come from the PAPs as well as from the general public. The SMF provides for a multi-stage GRM with five levels of decision making to address such grievances. They include the following: At the lowest/community level, the sub-project site, the S o c i a l Officers/ Community Development Officers (SOs/ CDOs) will receive and register any grievances brought to their notice and intervene to resolve them within their capacities. The grievances reported will be resolved within a period of one week. If grievances cannot be resolved satisfactorily by the SOs/CDOs, the aggrieved parties will be advised to approach the L ocal R esettlement C ommittee (LRC) established at local level (sub-project site) comprising the representatives of PAPs, Social Development Officer/Community Development Officer (SO/CDO), the engineer in charge of the subproject, Grama Niladhari and key community leaders. The grievances reported will be resolved within a period of one week. If grievances are not resolved at the LRC level, the aggrieved parties can approach the GRC established at the Implementing Agency level. The SLLRDC has established a GRC common to all sub-projects. The GRC comprises the Senior Project Manager (SLLRDC), Social Officer/Community Development Officer, Chairman of the LRC, Grama Niladhari, and two representatives selected from among the PAPs. The grievances reported will be resolved within a period of one week. The fourth level of GRM is at the level of the PMU with the Project Director heading the GRM. A Social Specialist, Project Manager of SLLRDC and relavant Social Officer of the sub project also will be represented. The grievances reported will be resolved within a period of one week. The fifth level of the GRM is the Independent Grievance Panel (IGP) to hear and resolve complaints unresolved by GRCs operating at the lower/project levels. The Independent Grievance Panel (IGP) has been established with representatives from the Ministry of Land and Land Development, the Ministry of Child Development & Women s Affairs, the Department of Valuation and a Lawyer. A representative of the Civil Society and a retired Civil Servant of the rank of a Secretary of the GoSL will be included in this Panel in due course. The grievances reported will be resolved within a period of one week. The overall GRM is shown in Figure Apart from these GRMs, external institutions, such as Samatha Mandala (Reconciliation Boards) and Courts can be approached by the PAPs to obtain redress for their grievances, if he/she is not satisfied with the response received from the Project level grievance redress 30

35 mechanisms. All committees under the GRM will be notified and made functional before the subproject is implemented. Figure 4: Grievance Redress Process 31

36 5.3 Disclosure 48. This A-RAP was finalized based on the SIA (census survey) of APs carried out on 19 th December 2013 and refreshing census survey conducted to update and validate the information of project impact on 14 th February The A-RAP will be disclosed on the MCUDP web site and hard copy will be made available for public reference at the Public Information Centre at the PMU. The Executive Summary of the A-RAP will be available in Sinhala and Tamil Languages. Further, the A-RAP will also be disclosed in World Bank s Infoshop. 32

37 6. INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION AND MONITORING 6.1 Key institutional arrangements for implementing the A-RAP: 50. For the implementation of this A-RAP, the key institutions will include: (a) Social Management Unit at the PMU; (b) SLLRDC; and (c) the National Steering Committee, which has already been established comprising relevant government departments, to review progress and ensure implementation coordination at the highest level. 51. The social management Unit at the PMU comprises a full-time Social Specialist who is responsible for managing the overall implementation and monitoring of safeguards issues under MCUDP, three Social Officers and three Community Development Officers. The social officer appointed for this sub project will be responsible for the day-to-day management relating to the implementation of this A-RAP, including ensuring due diligence in terms of safeguards management, compensation of payments, implementation of livelihood restoration plans, continuous consultations and information disclosure. 52. Specifically, the PMU has the overall responsibility of implementing the A-RAP in the subproject. The SLLRDC as the sub-project implementing agency will carry out the actions suggested. The social safeguard management cell of PMU will closely interact with SLLRDC and provide strategic and other logistical assistance as well as monitoring. Sequential actions (procedures) proposed for A-RAP implementation are summarized in Table 5. Table 5: Chronological Actions in Implementing A-RAP No. Activity Responsibility Time Frame 33 Sequence of Common Action Continuous consultation with PAPs to discuss and mitigate any inconvenience Establishment of local level Grievances Redress Committee in sub-project area as information and grievance redress point for households Payments of land compensation and livelihood assistance to PAPs 4 Fencing off the cleared area 5 Public notice of civil works at site SO-PMU & LO- SLLRDC SO-PMU By April 2018 LAO-SLLRDC & Finance Manager-PMU Project Engineer- SLLRDC The Contractor, SO-PMU & Project Engineer- SLLRDC November 2017 April 2018 August 2018

38 No. Activity Responsibility Time Frame 6 Proper signage and safety barricades at site 7 Provision of alternative access to community wherever possible 8 Watering to prevent dust 9 Monitoring the livelihood and wellbeing of PAPs SO-PMU Implementing capacity-building programmes for PAPs (livelihood training, handholding support, etc.) Implementing and monitoring grievance redress throughout A-RAP implementation Monitoring the implementation of the A-RAP through independent monitoring process Sequence of Actions for Titleholders The Contractor, SO-PMU & Project Engineer- SLLRDC The Contractor, SO-PMU & Project Engineer- SLLRDC The Contractor & Project Engineer- SLLRDC SO-PMU SO-PMU PMU (Through hired consultant) LAO-SLLRDC, MoL, Valuation Department, Secretary of 13 Acquisition of 02 land lots MoMWD, Superintendent of Surveys & Survey Department, 14 Issue award letter to claimants (Section 17) and LAO-SLLRDC & conducted LARC LARC chairman 15 Payment of compensation LO & LAO-SLLRDC & Finance Manager-PMU August 2018 Throughout Civil Works Contract Throughout Civil Works Contract March 2018 to End of Project April 2018 to End of Project April 2018 to end of Project End of Project Jun 2014 November 2017 November 2017 November Monitoring and Evaluation 53. Monitoring and Evaluation (M&E) will be carried out at the PMU level. The PMU has recruited a Social Specialist to undertake the M & E of social safeguards management, including 34

39 the implementation of the A-RAP, to ensure that safeguard issues are sufficiently mitigated as per the SMF and A-RAP at the PMU level. The Social Officer appointed of the PMU will monitor safeguards implementation at the field level, with the support of Community Development Officers and Social Officers. This includes monitoring the Contractor s social safeguards obligations and delivery of entitlements to PAPs as per this A-RAP. 54. From the Project s side, Social Officer assigned by PMU for this sub project, will play a key role in post-resettlement monitoring. Within the first two months after paying compensation, social officer of PMU will monitor the PAPs on their compensation usage and further guidance and support will be provided to them to use the compensation for meaningful purposes. Once the PAPs have established and utilized the compensation for productive work, the monitoring process will continue on a monthly basis until the end of MCUDP. Special attention will be paid to the restoration of livelihoods of the households whose livelihood are affected. 55. The PMU will submit quarterly social safeguard progress and quality monitoring reports with yearly safeguard reviews, which will be carried out by independent consultants. These will form the basis for any improvements to be brought about in the safeguards policy framework and implementation arrangements. 56. Independent Monitoring: As per the SMF, the PMU had already hired Institute for Participatory Interaction in Development (IPID) for carrying out independent monitoring and quality assurance. With regards to the Ambatale Pumping Station sub project, External Monitor will monitor activities undertaken by Social team to minimize the potential adverse impacts at the design stage, mitigate the adverse social impacts on PAHs, and implement the post-resettlement and livelihood restoration strategy as per the approved ARAP. A set of indicators for monitoring the A-RAP implementation process is shown in Table 7. 35

40 Table 7: Indicators for Monitoring A-RAP Implementation Level of Reporting Inputs and processes Outputs Outcomes Objective Consultations conducted and Grievance Redress Mechanism established Rehabilitation supports for displaced PAPs provided Ownership verification and valuation of the affected land GRM implementation and sub-project implementation succeeded and Compensation payments completed The economically displaced households re-establish their economic lives. Socio-economic wellbeing of the economically displaced households enhanced Indicators Individual consultation with each PAH conducted by the PMU Local level Grievance Redress Committee is established in subproject area by April 2018 to enable PAPs to report their grievances A progress monitoring system for 04 PAHs (02 land acquisition + 02 Loss of Livelihoods) established Two economically displaced PAHs have received livelihood allowances for their affected livelihoods by November 2017 Two economically displaced PAHs have received additional livelihood grants to start new livelihood activities 04 PHAs aware of their compensation and entitlements (including land and livelihood compensation) Two Titleholder PAHs have received compensation for their acquired lands by November % of the grievances received by Grievance Redress Committees are resolved to the satisfaction of the aggrieved parties 02 plots of lands are cleared for construction by April 2018 A progress monitoring system for 04 PAHs is functioning The 02 economically displaced households restore their livelihood related activities by Jun 2018 Livelihood grant is invested to re-start their livelihood activities by two PAHs Members of 02 PAHs are engaging in supplementary income sources 36

41 Impact 02 PAHs will receive equal or improved income level from their livelihood activities by end of year 2018, compared to pre project level Reduced flooding in the sub-project impacted area Increased incomes of two economically displaced PAHs by 20% of their present income 57. Reporting: The Social Specialist (PMU) will be responsible for monitoring and reporting on the overall progress of the implementation of this A-RAP. The SLLRDC, assisted by the Social Officer, will be responsible for reporting on field level status of A-RAP implementation. The key output of monitoring will consist of various types of written and oral reporting which include: Periodic Reports (Monthly, Quarterly, Semiannual Reports); Special reports with the request of the management; and WB Internal notes or oral presentations for informal management review sessions. 58. The reports will be in a standardized format so that information received could be easily compared with previous reports. They should be precise, concise and timely and highlight exceptions and departure from plans and schedules. 59. The PMU will organize Progress Review Meetings chaired by the Secretary, MoM&WD or Project Director, MCUDP, which involve the Contractor, Implementing Agency, and the World Bank. The implementation status and progress of the sub-project will be reported by relevant parties at such meetings. 37

42 7. COST ESTIMATION FOR A-RAP IMPLEMENTATION 60. As discussed in previous Chapters of this A-RAP, land acquisitions for the subproject will cause loss of lands to 02 households and economic displacements to 02 other households who are cultivating one plot of land earmarked for acquisition. 61. Table 8 includes the associated costs for implementation of social safeguards under this sub-project. The MCUDP will bear the costs associated with the provision of compensation for land and livelihoods for these 04 households and livelihood restoration activities. The costs related to temporary impact mitigation measures will be borne by the Contractor. 62. The resettlement budget also includes estimated costs of conducting consultations, information dissemination, and monitoring and reporting. Activity Table 6: Resettlement Budget Unit Rate (LKR) Nos. Period Total Cost (LKR) Compensation for land acquired (2 Titleholders) 126, Perch (0.849 hectare) One off 42,293,160 Livelihood compensation for 02 Non-titleholders 18, One off 36,000 Additional Livelihood restoration support for 02 Non-titleholders 300, Lump sum - 300,000 Consultation, information dissemination, monitoring and reporting costs months 300,000 Sub Total 42,929,160 5% Contingency 2,146,458 Total 45,075,618 38

43 39 Appendix 1: Land Acquisition Process Chart - MCUDP

44 40 Appendix 2: Individual Consultations with PAHs