GOVERNMENT OF SIERRA LEONE INSTITUTIONAL REFORM AND … · 2016. 7. 17. · GOVERNMENT OF SIERRA...

GOVERNMENT OF SIERRA LEONE RESETTLEMENT POLICY FRAMEWORK (RPF)

INSTITUTIONAL REFORM AND CAPACITY BUILDING PROJECT (IRCBP)

RP194

GOVERNMENT OF SIERRA LEONE

INSTITUTIONAL REFORM AND CAPACITYBUILDING PROJECT

(IRCBP)

RESETTLEMENT POLICY FRAMEWORK

(FINAL REPORT JANUARY 2004)

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TABLE OF CONTENTS

Paqe No.s

Glossary of Terms .3

A. Introduction ..4

B. Principles and objectives governing resettlement preparation ..9and implementation.

C. A description of the process for preparing and approving ..12Resettlement plans.

D. Land acquisition and likely categories of impact. ..16

E. Eligibility criteria for defining various categories of project affected persons. ..18

F. A legal Framework reviewing the fit between the laws of Sierra Leone ..20and regulations and Bank policy requirements and measures to bridge any gapsproposed between them.

G. Methods of valuing affected assets. ..26

H. Organizational procedures for the delivery of entitlements, including, ..35for projects involving private sector intermediaries, the responsibilities financialintermediary, the government, and the private developer.

I. A description of the implementation process, linking resettlement implementation ..37to civil works.

J. A description of the grievance redress mechanisms. ..37

K. A description of the arrangements for funding resettlement, including the ..38preparation and review of cost estimates, the flow of funds,and contingency arrangements.

L. A description of mechanisms for consultations with, and participation of, ..39displaced persons in planning, implementation, and monitoring.

M. Arrangements for monitoring by the implementation agency and, ..40if required, by independent monitors.



Glossarv of Key Terms

* Cut - off Date - refers to a day on and beyond which any person who occupiesland required for project use, will not be eligible for compensation. The date isoften the day when the assessment of persons and their property in the projectarea commences.

* Environmental and Social Management Framework (ESMF) - report is asafeguards instrument (document) which establishes a mechanism to determineand assess future potential environmental and social impacts of productiveinvestments of Local Governments that have successfully qualified under theproposed IRCBP, and then to set out mitigation, monitoring and institutionalmeasures to be taken during design, implementation and operation of the projectactivities to eliminate adverse environmental and social impacts, offset them , orreduce them to acceptable levels. This instrument has been prepared as aseparate and stand alone document to be used in conjunction with the RPF.

* Market rate - is defined as the highest rate over the last three to five yearsbased on commercial terms.

* Project Affected Person(s) (PAPs)- are persons affected by the land use oracquisition needs of the Local Governments supported activities that lead tothese person(s) being required to ( or not necessarily required to) be physicallydisplaced or relocated due to loss of shelter and or, lose, denied or restrictedaccess and or to economic assets, or lose income sources or means oflivelihood, whether or not the person(s) must move to another location.

* Resettlement and Compensation Plans (RAPs), are also known asResettlement Action Plans or Resettlement Plans - are resettlementinstruments (documents) to be prepared when project activities are identified,that require land acquisition that leads to physical displacement of persons,and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restrictionof access to economic resources or natural resources. RAPs are prepared by theparty impacting people and livelihoods ( in this case the Local Governments) inthis manner and contains specific and legal binding requirements to be taken bythat party to resettle and compensate the affected party before project activitiescausing this adverse impact are implemented.

* Resettlement Policy Framework (RPF), is also a resettlement instrument (thisdocument) that is prepared by the borrower ( in this case by the Government ofSierra Leone) when project activities that require land acquisition that leads tophysical displacement of persons, and/or loss of shelter, and /or loss oflivelihoods and/or loss, denial or restriction of access to economic resources ornatural resources, are not identified at the project preparation stage. The RPFis therefore prepared and disclosed before the proposed project is appraisedsetting out the resettlement and compensation principles, organizationalarrangements and design criteria to be applied to meet the needs of the peoplewho may be affected by the project, when project activities are identified . TheRAP is prepared consistent with the provisions of the RPF.

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A. INTRODUCTION

1. The GOSL has asked for a credit from the IDA for support of its proposedInstitutional Reform and Capacity Building Project (IRCBP) whose overall developmentobjective is to improve government accountability and its capacity to deliver services andpromote economic development, especially at the sub-national level.

2. The proposed IRCBP is structured to achieve it objectives within two majorinvestment components of the project, which are;

Component 1: Decentralization and Capacity Building

The premise of this component is that certain service delivery and development needs ofthe population can be addressed more effectively by empowered local governmentswith a strong capacity to manage participatory development planning andimplementation with accountability. Thus the operational focus is to help theDecentralization Task Force systematically design and implement a DecentralizationProgram, which focuses on building up the capacity of local governments to respond tothese needs and strengthening downward accountability of local governments to theirpopulation.

Sub-Component 1.1: Build a strong leadership for Decentralization

This subcomponent will provide support to the Decentralization Task Force and theleading institutions (Ministry of Local Government and Community Development, andMinistry of Finance) to develop the necessary capacity to lead the decentralizationprocess, including critical tasks such as developing a policy framework, designing adecentralization program, and monitoring its implementation. It will also support thetransformation of line ministries in line with government's Decentralization Policy andbuild their capacity to coach local governments and monitor their performance related todelegation functions.

Sub-Component 1.2: Start-up investment in local government administrativeinfrastructure

Given that elected local councils have not been in existence in the past thirty years, toget them "up and running" immediately after election, the project will provide somemodest start-up investment in office infrastructure, communications equipment,transport, as well as orientation training for councilors and their staff. The mainbeneficiaries will be the twelve district councils.

Sub-Component 1.3: Capacity building to support decentralization

Training and technical assistance will be provided to help local government generatelocal revenue and perform functions that are devolved or delegated to them. Althoughthe Decentralization Task Force is proposing a rather comprehensive list of functions tobe decentralized, the implementation process is most likely to be gradual, given thesevere capacity constraint at the local level. Through learning-by-doing, local

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government who can demonstrate competence and accountability at the first phase ofdecentralization will be allowed to take on a broader set of responsibilities.

Sub-Component 1.4: Development Grant Facility for Local Councils

The objective of this grant facility is to finance the initial inter-governmental transfersystem, inter alia, infrastructure investments. This will complement the financing that willbe provided from NaCSA, the social fund, to rural districts, and other sources of funding.Given that NaCSA focuses on rural districts and seems to have sufficient funding relativeto the absorptive capacity of the districts, the Development Grant Facility can usefullyfocus on the five urban centers of the country.

Component 2: Public Expenditure Management Reform

The main objective of this component is to improve the government capacity fortransparent and accountable management of public expenditure. The project will helpgovernment review the existing statutory and regulatory framework for public financialmanagement and implement a new framework, which promotes transparency, clarifiesresponsibilities among actors and among levels of government, and provides checksand balances in the system. The project will also provide technical and financialassistance to players with internal and external control functions.

Sub-Component 2.1: Improve the legal and regulatory framework for publicfinancial management

A PFM Implementation Unit will be responsible for developing and disseminating a visionfor PFM reform. It will revise the draft Government Budgeting and Accounting Act toinclude the following improvement: (i) Improve the comprehensiveness of the budget byincluding the Special Funds in the Public Accounts; (ii) Improve accountability for servicedelivery by requiring vote controllers to report on service delivery performance; (iii)Adding legal requirement for independent internal audit; (iv) Requiring the extension ofkey principles in the Government Budgeting and Accounting Act to local governmentsand other public entities funded by public funds.

The Unit will be responsible for designing a new financial management process andsystem, with a vision to gradually build up the financial management capacity of budgetentities and devolve financial management authority to them.

Sub-Component 2.2: Integrated Financial Management Information System (IFMIS)

This subcomponent will finance the implementation of a new IFMIS to replace thecurrent Financial Management and Accounting System (FMAS). This sub-componentwill finance the cost of the IFMIS software and hardware, as well as an intensive IFMIStraining program. The IFMIS is expected to be installed in the Ministry of Finance andautomate many of the existing budgeting, accounting, and financial control tasks.

Sub-Component 2.3: Strengthening the Medium Term Expenditure Framework(MTEF)

This sub-component will finance activities to refine and deepen the MTEF process.

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Sub-Component 2.4: Procurement Reform

This sub-component will finance the implementation of procurement policies, reformsand laws as soon as the new legislation is enacted The legislation may establishoversight institutions, such as an Appeals and Complaints Committee, Tender ReviewBoards, and Tender Committees. This sub-component may finance start-up costs ofselect institutions.

Sub-Component 2.5: Strengthen Internal Audit.

The current assessment of Internal Audit indicates that it is not currently recognized inthe legal framework or in the new GBA, there is inadequate demand for internal audit tocomplement the governance arrangements in departments. There are only five peopleperforming some internal audit functions for the whole government and extensiveoverhaul of the conceptual framework and capacity for internal audit in the governmentwould be needed.

This sub-component will facilitate building consensus for what is needed to establishinternal audit as a component of the governance arrangements in departments and localgovernment, to develop an action plan to establish internal audit as required, to securethe sponsorship needed for the action plan and to obtain the formal agreement fromstake holders to execute the action plan.

Component 3: Development Learning Center

The Development Learning Center (DLC) will be part of the Global Distance LearningNetwork (GDLN). It will included a satellite-based video conference facility, a computerlab, and a Public Information Center with development literature, donated by the WorldBank and other donors. Combining modern communications technology with thisinformation center, the DLC is expected to become an excellent information,communications, and training center, attracting a large audience of developmentpractitioners and researchers.

This component includes three sub-components:

Sub-Component 3.1: Establishment of the DLC

This sub-component will finance the;a. Construction of the DLC facility with a videoconference room with 30-person

capacity; a computer room outfitted for 30 computer stations (hardware, softwareand Internet hook-up); a Public Information Center; a technical and administrativecenter; and electrical and telephone installations.

b. Purchase and installation of equipment: a small aperture terminal (VSAT -satellite communication terminal); video, telecommunications, andmicroprocessor equipment; office and classroom furniture; various otherequipment for operations and security.

c. Establishment of the DLC and staffing: legal establishment of the DLC as a self-supporting and autonomous entity; formal notification regarding the site allocatedto the DLC; recruitment of the Director and other key staff.

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The IRCBP Coordinator will be responsible for the physical establishment of the DLCincluding procuring the architectural designs based on the GDLN standards and thebidding documents required for the civil works identified in (a) above.

Sub-Component 3.2: Support the operation of the DLC

The objective of this sub-component is to assist the DLC begin operations and becomefinancially viable in three years. It includes:

a. financing of operational costs on a decreasing basis over the first three years ofoperation of the DLC;

b. purchase of a light vehicle to facilitate transport and marketing services;c. technical assistance and staff training;d. the establishment of financial management systems and annual audits.

This component will be implemented by the DLC, once it is legally established. For DLCto be sustainable after the IRCBP financing ends, it needs to be operated as a highlyefficient business and become financially viable within three years of operation.

Daily management of the Center will be entrusted to the DLC Director competitivelyselected on the basis of proven experience in enterprise management or managementof a similar educational institution (competitive process). The Director is expected to beopen to innovation and to have a strong capability for communication and marketing.The Director will be assisted by a small team comprising: an IT Officer for themanagement of the equipment (electronics - computer specialist), a Training Coordinatorto organize the courses/workshops and assist the participants, an Accountant, and anOffice Assistant.

Sub-Component 3.3: Monitoring and Evaluation

The objective of this sub-component is to constantly monitor the DLC operation, drawlessons, and improve on DLC operations. The overall Monitoring and Evaluation (M&E)component should be carried out by the DLC Board.

Component 4: IRCBP Coordination

The three core operational components of the IRCBP will be implemented by theMLGCD, MoF, and DLC. The Program coordination function will reside in theGovernance Reform Secretariat (GRS). The GRS has the mandate to coordinate allgovernance reform programs in the country, including democratic reform,decentralization, public service reform, public expenditure management reform,chiefdom reform, etc.

3. Specifically, under Component 1, sub component 1.4 Development GrantFacility, under which support will be provided for infrastructure investments for theprovision of services in water supply, drainage, sanitation, solid waste management,access roads, construction of schools and health facilities.

4. While recognizing that these investments and activities would take place onexisting land that is already within the domain of the Local Governments and where on-

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going activities are taking place. For example at existing health centers and primaryschool sites, therefore, in most cases, proposed investments may not in anywaywhatsoever lead to resettlement of any kind.

5. Notwithstanding, land acquisition and land use by the qualifying LocalGovernments to support their planned activities under this project may lead to either thephysical or economic displacement of people or their loss, denial or restriction of accessto economic resources and therefore ultimately to resettlement and compensation ofpeople seems inevitable in some, perhaps even only a few minority of cases for thetypes of investments proposed in this project. When this occurs, the World BankOperational Policy, OP4.12 on Involuntary Resettlement and certain laws of SierraLeone will be triggered.

6. At this stage, the GOSL is not required to prepare a Resettlement Plan since theexact nature of these investments have not yet been identified and therefore the landneeds of the Local Governments have not yet been determined also. However, theGOSL is required to prepare a Resettlement Policy Framework (RPF) during projectpreparation to be publicly disclosed in Sierra Leone and at the Bank's info shop, beforeappraisal of this project. The RPF establishes the resettlement and compensationprinciples, organizational arrangements and design criteria to be applied to meet theneeds of the people who may be affected by the project. The RPF is prepared to thestandards of the Government's own laws and policies on resettlement and the policy ofthe World Bank, OP4.12.

7. When the land fill sites are identified, for the sites that trigger OP 4.12,resettlement/compensation plans will be closely coordinated with the planning andimplementation of civil works and then subsequently prepared consistent with this policyframework by the Local Governments and will be submitted to the Bank for approvalbefore any land acquisition, resettlement, loss, denial of, and restriction to economicresources or any other impact on livelihood occurs.

8. Also, under Component 3, a Development Learning Center (DLC) will beconstructed. The government is planning to construct the DLC on existing governmentowned land in the capital city of Freetown, and the provisions of OP4.12 are notexpected to apply to this site, since the site is well secured and completely fenced off,with no potential project affected persons living on it or using/accessing it at this time.However, at the time when the IRCBP is being implemented, the site will be furtherevaluated against the requirements of OP4.12, to confirm or otherwise determinewhether the status quo remains the same. If there are project affected persons at thattime, the provisions of OP4.12 and this RPF will apply.

9. This RPF will cover the following sections;

B. Principles and objectives governing resettlement preparation and implementation.

C. A description of the process for preparing and approving resettlement plans.

D. Land acquisition and likely categories of impact.

E. Eligibility criteria for defining various categories of project affected persons.

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F. A legal Framework reviewing the fit between the laws of Sierra Leone andregulations and Bank policy requirements and measures proposed to bridge anygaps between them.

G. Methods of valuing affected assets.

H. Organizational procedures for the delivery of entitlements, including, for projectsinvolving private sector intermediaries, the responsibilities of the financialintermediary, the government, and the private developer.

I. A description of the implementation process, linking resettlement implementationto civil works.

J. A description of the grievance redress mechanisms.

K. A description of the arrangements for funding resettlement, including thepreparation and review of cost estimates, the flow of funds, and contingencyarrangements.

L. A description of mechanisms for consultations with, and participation of,displaced persons in planning, implementation, and monitoring.

M. Arrangements for monitoring by the implementation agency and, if required, byindependent monitors.

10. This RPF governs all activities funded under the IRCBP, and is to be used inconjunction with the Environmental and Social Management Framework (ESMF) thathas also been prepared for this project as a separate stand alone documents, alsodisclosed in Sierra Leone and at the Bank's info shop.

B. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENTPREPARATION AND IMPLEMENTATION.

The impacts due to involuntary resettlement from development projects, if leftunmitigated, often gives rise to severe economic, social and environmental risksresulting in production systems being dismantled, people facing impoverishment whentheir productive skills may be less applicable and the competition for resources greater;community institutions and social networks being weakened; kin groups being dispersed;and cultural identity, traditional authority, and the potential for mutual help are diminishedor lost. The resettlement policy, in most cases, is not triggered because people are beingaffected by physical replacement. It is triggered because the project activity causes landacquisition, whereby a physical piece of land is needed and people may be affectedbecause they are cultivating on that land, they may have buildings on the land, they mayuse the land for water and grazing of animals or they may otherwise access the landeconomically, spiritually or any other way which may not be possible during and after theproject is implemented. Therefore, people are in most cases compensated for their loss(of land, property or access) either in kind or in cash of which the former is preferred.

Therefore, the objectives of this policy are the following;

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(i) Involuntary resettlement and land acquisition should be avoided where feasible,or minimized, exploring all viable alternatives.

(ii) Where involuntary resettlement and land acquisition is unavoidable, resettlementand compensation activities should be conceived and executed as sustainabledevelopment programs, providing sufficient investment resources to give the personsdisplaced by the project the opportunity to share in project benefits. Displaced andcompensated persons should be meaningfully consulted and should have opportunitiesto participate in planning and implementing resettlement programs.

(iii) Displaced and compensated persons should be assisted in their efforts toimprove their livelihoods and standards of living or at least to restore them, in real terms,to pre-displacement levels or levels prevailing prior to the beginning of projectimplementation, whichever is higher.

Affected people, according to the Bank policy, refers to people who are directly affectedsocially and economically by the bank assisted investment projects, caused by:

(a) the involuntary taking of land and other assets resulting in:a. relocation or loss of shelterb. loss of assets or access to assetsc. loss of income sources or means of livelihood, whether or not the affected

persons must move to another location;or

(b) the involuntary restriction or access to legally designated parks and protectedareas results in adverse impacts on the livelihood of the displaced persons.

The Bank Safequard Policy OP 4.12 applies to all components under the project,whether or not they are directly funded in whole or in part by the Bank.

The policy applies to all economically and/or physically displaced persons regardless ofthe total number affected, the severity of impact and whether or not they have legal titleto the land. Particular attention should be paid to the needs of vulnerable groups amongthose displaced; especially those below the poverty line; the land less, the elderly,women and children, indigenous groups and ethnic minorities or other economicallyand/or physically displaced persons who may not be protected through Sierra Leone'sLand compensation legislation.

In particular for IRCBP, the policy also requires that the implementation of individualresettlement plans are a prerequisite for the implementation the project activitiesrequiring land acquisition/land use, to ensure that displacement or restriction to accessdoes not occur before necessary measures for resettlement and compensation are inplace. It is further required that these measures include provision of compensation andof other assistance required for relocation, prior to displacement, and preparation andprovision of resettlement sites with adequate facilities, where required. In particular, thetaking of land and related assets may take place only after compensation has been paidand where applicable, resettlement sites, new homes, related infrastructure, public

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services and moving allowances have been provided to economically and/or physicallydisplaced persons as the case may be. Furthermore, where relocation or loss of shelteroccurs, the policy further requires that measures to assist the physically displacedpersons are implemented in accordance with the resettlement plan of action.

Notwithstanding, there are considerable risks to the success of the project as a whole ifthe negative social impacts on some of the disadvantaged members of Sierra Leoniansociety such as the victims of the recent war, the amputees, orphans., the elderly etc.,are left unmitigated. For instance, with regards, solid waste management, water supplyor access roads type sub projects, the selection of these sites would require thesatisfaction of several environmental public health requirements, local regulations forpublic health and safety and so on. Therefore, land acquisition would have to be done ina way that satisfies these conditions. When this occurs, people would be impacted andcompensation and/or resettlement cannot always be avoided and the World Bank'ssafeguard policy OP 4.12 on Involuntary Resettlement and some of Sierra Leone's landlaws will be triggered even though they may not have to physically move to anotherlocation.

The Local Governments should explore all possible means of providing under theproject additional income generating opportunities to a significant number of persons inthese targeted areas who may potentially be impacted and have to be compensated andresettled. This is particularly significant in a post war environment where socio-economicpressures like high unemployment, are critically strenuous and are likely to beexacerbated by involuntary resettlement. Therefore, this opportunity for localemployment is being taken advantage of in this resettlement policy framework (RPF), byincluding it for discussion in the consultative process with the affected communities. Oneway of promoting this would be for the project to train potentially affected persons (through the capacity building and technical assistance component) to acquire the skillsneeded by project the Local Governments and/or private companies such as civil workscontractors so that they become involved and participate in project activities.

Furthermore, it is worthy to note that rush migration to selected land sites may occur bythose wishing to take advantage of the rules of eligibility discussed earlier in this section.Were this to happen it would bring to bear additional pressures on the whole planningprocess, compensation budgets and increase the tendency for conflict among users.This has major considerations therefore when establishing the cut-off dates. Theestablishment of cut-off dates is discussed in Section E.

A major object of this RPF is to ensure that displaced communities are meaningfullyconsulted, have participated in the planning process, are adequately compensated to theextent that their pre-displacement incomes have been restored and that the process hasbeen a fair and transparent one.



C. DESCRIPTION OF THE PROCESS FOR PREPARING AND APPROVINGRESETTLEMENT PLANS.

As stated earlier, the World Bank policy on Involuntary Resettlement OP 4.12 istriggered because the IRCBP will finance productive investments that may require landacquisition. Since the location of these sites were not known at the time of thepreparation of the project, the preparation and disclosure of this RPF by the GOSL is aconditionality for appraisal of this project. However, during implementation of this project,in a process defined here below, the selection of these sites would be made. When thathappens, land would be acquired and people will be affected. At that stage, OP 4.12calls for the preparation of individual Resettlement Plans that must be consistent withthis RPF.

To address the impacts under this policy, resettlement plans must include measures toensure that the displaced persons are;

(a) informed about their options and rights pertaining to resettlement.

(b) consulted on, offered choices among, and provided with technically andeconomically feasible resettlement alternatives.

(c) And provided prompt and effective compensation at full replacement costfor losses of assets and access attributable to the project, as well ascosts incurred from resettlement.

The first stage in the process of preparing the individual resettlement plans is thescreening process before acquiring the land.

The Land Selection Screeninq Process

This process will lead to the selection of land that will be consistent with Sierra Leoneland laws and the Bank's Operational Policy OP 4.12 on Involuntary Resettlement.

* Based on the engineering and other technical design requirements of the subproject requirements, the Local Governments will evaluate two issues:

(i) will all investments be taking place on its existing land ( secured by legaltitle)? and

(ii) will there be a need to acquire additional/new/extra land?

With regards to (i), if the answer is "yes", then a further determination will be made onwhether there are any potentially project affected persons (PAPs) on existing landowned by the respective Local Government, using the criteria set out in Section B. Ifthere are potentially PAPs on existing Local Government Land , then OP 4.12 istriggered and the provisions of this RPF apply . Also if the answer with regards (i) is yesand there are no PAPs on existing Local Government Land then OP 4.12 is not triggeredand the provisions set out in this RPF do not apply. But, if the answer with regards (i) is"no", then question (ii) becomes relevant.

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Therefore, if the answer to (ii) is "yes", then land should be acquired in such a mannerthat the provisions of OP4.12 do not apply, that is land on which there are no potentialPAPs. This is the desired and risk free solution and will be a win-win situation for all.

However, if after exhausting all alternatives, it were deemed necessary by a LocalGovernment to acquire /use land that does not belong to it but has potential PAPs, thenthe provisions of OP4.12 will apply.

Therefore, for the situations when OP4.12 apply, for each land site (whether existing ornew) that has potential PAPs, each Local Government will commission the carrying outof a socio- economic study and a census to identify the potential PAPs on the individual,household and vulnerable groups level and to calculate their household incomes andassets, as the first step in the preparation of the RAPs.

These studies are to be carried out by specialist consultants for the Local Governmentsif they do not have the required skills, in-house.

The purpose of the socio-economic study is to collect base line data within thechosen/targeted sites/areas thereby enabling the social assessment of potentiallyaffected populations/communities. The socio-economic study would focus on theidentification of stakeholders (demographic data), the participation process, identificationof affected people (including owners and users of land) and impact on their property andtheir production systems, the institutional analysis and the system for monitoring andevaluation. Detailed calculation of individual and household economies, and assets andidentification of all impacts will be undertaken as part of the socio-economic study andbe the determinant in the potential compensation process. Standard characteristics ofthe affected households, including a description of production systems, labor, andhousehold organization, and baseline information on livelihoods (including productionlevels and incomes derived from both formal and informal economic activities) andstandards of living and health status of the PAPs. Under this study a comprehensivebase line census would be carried out to identify potentially affected people on theindividual and household levels, vulnerable groups (women, children, the elderly, femaleheaded households, black farm workers, HIV/AIDS affected persons etc.) and todiscourage inflow of people ineligible for assistance.

The carrying out of the socio-economic study and the baseline census would be thebeginning of the sensitization and consultation process with the PAPs, details of whichare further outlined in Section L. On completion of the socio- economic study and thebaseline census the project sponsor will prepare a resettlement plan for each site.

The approval of the National Environment Protection Board (NEPB) and the World Bankfor the process of land selection and screening will be sought by the Local Governments.

Where the impacts on the entire displaced population are minor (i.e. if affected peopleare not physically displaced and less than 10% of their productive assets are lost) orfewer than 200 people are displaced per project, then the Bank may approve thepreparation of an Abbreviated Resettlement Plan (ARAP). The contents of the ARAPare to be:

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(a) a census survey of displaced persons and valuation of assets.(b) Description of compensation and other resettlement assistance to be

provided.(c) Consultations with displaced people about acceptable alternatives.(d) Institutional responsibility for implementation and procedures for

grievance redress(e) Arrangements for monitoring and implementation, and(f) A timetable and budget.

For impacts that are not considered minor, the preparation of a Resettlement Plan (RAP)is required for each site. World bank OP 4.12 article 25 and Annex A sets therequirements of the RAP to include;

(a) Description of the project(b) Potential Impacts(c) Objectives(d) Socioeconomic Studies(e) Legal Framework(f) Institutional Framework.(g) Eligibility(h) Valuation of and compensation for losses(i) Resettlement measures(j) Site selection, site preparation, and relocation(k) Housing, infrastructure, and social services(I) Environmental protection and management(m) Community participation(n) Integration with host populations(o) Grievance procedures(p) Organizational responsibilities(q) Implementation schedule(r) Cost and budget(s) Monitoring and evaluation

The RAPs cover the elements above, as relevant. When any element is not relevant tothe Local Governments circumstances, it should be noted in the RAP.

The RAPs would then be forwarded for screening and approval to the NationalEnvironment Protection Board (NEPB) in compliance with the project institutionaland administrative requirements. All approved productive investments that triggerOP4.12 and their resettlement plans would be subject to the final approval of theWorld Bank to ensure compliance with bank safeguards. Thus ensuring thatbefore land is actually acquired or access to resources is lost, denied or restricted, that the individual resettlement plans are consistent with this RPF.

For the World Bank to approve funding for any Local Governments activities thatneeds to acquire land to support proposed investments under this project, theLocal Governments must first secure legal title to the land that is acquired,consistent with the provisions of this RPF. For investments on land that is alreadyowned by the Local Governments pre-project, the World Bank will only approve

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funding once it is satisfied that the provisions of this RPF were met in caseswhere OP 4.12 apply.

In cases where the land was acquired and there were no resettlement andcompensation issues the Local Governments would also have to seek theconfirmation of the World Bank that provisions of OP 4.12 do not apply beforefunding will be approved and must secure the site and also chose a cut-off datefor that site so that opportunistic invasions can be avoided.

The selection or use of any site that triggers the Worldbank Safeguards Policieson Natural Habitats (OP 4.04), Pest Management (OP 4.09), Forests (OP4.36),Safety of Dams (OP 4.37), Cultural Property (OP11.03), Indigenous Peoples(OD4.20), Projects in International Waters (OP7.50) and Projects in DisputedAreas(OP7.60) will not be approved for funding by the bank.

The above screening process should be used by the Local Governments in theirpreparation of their productive investments to enhance their likelihood for approval.

Furthermore, the National Environment Protection Board (NEPB) 1 should as a guidelineconsider the cumulative factor and not approve multiple sites that have individual highimpact intensity. For example, where land acquisition is required to such an extent that itwould require more than 20% of a community's or individual's total land under use orwhen the mitigation measures are so cumbersome that their efficacy cannot bepredetermine or they cost more than 15% of the investment budget.

Before the decision to approve a site is taken, the NEPB would need to approve ordisapprove the resettlement plan of the Local Governments investments in totality withthe overall environmental and social screening process that has been applied for each oftheir proposed investments and to also approve or disapprove of the proposed mitigationmeasures, if any.

Capacity will be built at the level of the approved Local Governments and at the NEPB (if needed) by providing technical assistance to allow the Local Governments themselvesto screen their proposed productive investments for environmental and social concerns.This training will also include the capacity to develop mitigation measures to meetenvironmental and social impacts and to prepare implementation of such measures. Thiswould build capacity at the level of the Local Governments with regards to environmentaland social safeguards issues, which is crucial for success of this project.

l The monitoring role ( or any other role in this project) of the National Environment Protection Board(NEPB) assigned in this RPF is subject to their acceptance of this role which is to be confirmed.

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D. LAND ACQUISITION AND LIKELY CATEGORIES OF IMPACT

Until the exact project locations are determined it will not be possible to estimate thelikely number of people who may be affected since the technical details of the proposedproductive investments by the proposed sponsors have not yet been developed and areunknown.

However, the likely displaced persons can be categorized into these 3 groups, namely;

(i) Affected Individual - An individual who suffers loss of assets or investments,land and property and/or access to natural and/or economical resources as aresult of the project activities and to whom compensation is due. For example, anaffected individual is a person who farms a land, or who has built a structure onland that has been demarcated for dump sites by town planners and is nowrequired by the project. This will include affected individuals who have economicactivity on existing local government/municipal land.

(ii) Affected Household - a household is affected if one or more of its members isaffected by project activities, either by loss of property, land, loss of access orotherwise affected in any way by project activities. This provides for:(a) any members in the households, men, women, children, dependent relatives

and friends, tenants(b) vulnerable individuals who may be too old or ill to farm along with the others(c) members of households who cannot reside together because of cultural

rules, but who depend on one another for their daily existence(d) members of households who may not eat together but provide housekeeping,

or reproductive services critical to the family's maintenance, and(e) other vulnerable people who cannot participate for physical or cultural

reasons in production, consumption, or co-residence.

In the local culture, members of production, consumption, and co-resident groups formoverlapping, often incongruent sets of people who may exchange domestic or farmingservices on a regular basis even though living separately.

Compensation will not be limited to people who live together in a co-resident group,since this might leave out people whose labor contributions are critical to the functioningof the "household". For example, among polygamous settings, each wife has their ownhome.

(iii) Vulnerable Households - in Sierra Leone because of the atrocities committedduring the war, vulnerable households may have different land needs from mosthouseholds or needs unrelated to the amount of land available to them. They mayalready be undergoing some form of rehabilitation including training to acquirevocational skills in purpose built centers. This provides for;

a) Internally Displaced Peoples - these are people who had to fleetheir homes during the war and are virtually refugees in their owncountry and have not returned. They may be dependent on the NGOcommunity and others for support.

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b) Amputees - these are people whose limps were literally chopped offduring the war. A number of them have been camped by reliefagencies, but large numbers of this group still live outside thesecamps, as they try to scrape a living in growth towns and cities. Theydepend on able body relatives, relief agencies and society in general.For many of them, the trauma of losing a limb plays a significantpsychological role in their attitude to life. Many of them feel forgottenand neglected by society and believe that "compassion fatique" hasset in. They have to live side by side in society with some of thepeople who perpetrated these atrocities against them, all of whomhave been given blanket amnesty as part of the negotiated politicalsettlement that led to the end of the conflict. The amputees are nowhaving to learn knew skills so that they may be meaningfullyemployed. As they cannot farm in the traditional sense, they will notbe affected in the project's need for agricultural land. If a building oftheirs lies on land needed, they will receive replacement costcompensation. If someone on who they depend is resettled, they areto be protected because the resettled can name them as part of thehousehold. If they are affected by loss of access to economicresources, they would be compensated accordingly.

c) Elderly - elderly people farm as long as they are able. They oftenproduce small amounts of food to "exchange" with others and subsiston cooked food and generous return gifts of cereal from people suchas their kith and kin and neighbors. They will have cash or in-kindreplacements to exchange. For future production they need access toonly a small parcel of land. Their economic viability would bedamaged by resettlement that separates them from the person orhousehold on whom they depend for their support. The definition ofhousehold by including dependents avoids this.

d) Internally Displaced Orphaned Children - Despite the laws ofSierra Leone and International Labor Organizations prohibiting theexploitation of children, it is a reality that displaced orphaned childrenare either in paid employment or are on the streets in Sierra Leone.They tend to live in close proximity to large towns and cities. If theyare impacted by this project in a way that means they have to bephysically relocated, their compensation cannot be in cash. Theywould have to be put in a Unicef program or registered with one of themany children's charities that are operating in Sierra Leone today.Their compensation would take the form of paying for theirrehabilitation and training to acquire useful vocational skills.

e) Women - may depend on husbands, sons, brothers or others forsupport. In many cases too, women are the main breadwinner in theirhousehold. They need relatively easy access to health servicefacilities, as mothers and wives. Women are central to the stability ofthe household. They should not be resettled in a way that separatesthem from their households as the very survival of their householdsdepend on them. Their compensation must take into account all thesefactors.

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These household types are not mutually exclusive, so that an amputee may be aninternally displaced orphan, and the elderly may be internally displaced individual.

These groups are being identified as particularly vulnerable so that special attentionwould be paid to them by identifying their needs from the socio-economic and baselinestudy so that (i) they are individually consulted and given the opportunity (i.e. not left out)to participate in the project activities, ( ii) that their resettlement and compensation isdesigned to improve their pre-project livelihood (iii) special attention is paid to monitorthem to ensure that their pre-project livelihood is indeed improved upon (iv) they aregiven technical and financial assistance if they wish to make use of the grievancemechanisms of the project and (v) decisions concerning them will include their input andmade in the shortest possible time.

E. ELIGIBILITY CRITERIA FOR DEFINING VARIOUS CATEGORIES OFPROJECT AFFECTED PERSONS

The Bank's OP4.12 suggests the following three criterion for eligibility;

a) Those who have formal rights to land (including customary landtraditional and religious rights, recognized under the Laws of SierraLeone)

b) Those who do not have formal legal rights to land at the time the censusbegins but have a claim to such land or assets provided that such claimsare recognized under the laws of Sierra Leone or become recognizedthrough a process identified in the resettlement plan

c) Those who have no recognizable legal right or claim to the land they areoccupying.

Those covered under a) and b) above are to be provided compensation for the land theylose, and other assistance in accordance with the policy. Persons covered under c)above are to be provided with resettlement assistance in lieu of compensation for theland they occupy, and other assistance, as necessary, to achieve the objectives set outin this policy, if they occupy the project area prior to a cut-off date established by theLocal Governments in close consultation with the potential PAPs, local communityleaders and the NEPB, and acceptable to the Bank. Persons who encroach on the areaafter the cut-off date are not entitled to compensation or any other form of resettlementassistance. All persons included in a), b) or c) above are to be provided withcompensation for loss of assets other than land.

Therefore, it is clear that all affected persons irrespective of their status or whether theyhave formal titles, legal rights or not, squatters or otherwise encroaching illegally onland, are eligible for some kind of assistance if they occupied the land before theentitlement cut-off date. Persons who encroach the area after the socio-economic study(census and valuation) are not eligible for compensation or any form of resettlementassistance.

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Eligibility for Community Compensation

Communities ( e.g. districts, chiefdoms, towns and villages) permanently losing landand/or access to assets and or resources under statutory or customary rights will beeligible for compensation. Example of community compensation could be for publictoilets, market place, taxi parks, schools and health posts. The rationale for this is toensure that the pre-project socio-economic status of communities where adverselyimpacted, is also restored.

Method to Determine the Cut - Off Dates

The entitlement cut-off date refers to the time when the assessment of persons and theirproperty in the identified project areas are carried out, i.e. the time when the LocalGovernments have identified the land sites they would need and when the socio-economic study is taking place. Thereafter, no new cases of affected people will beconsidered . Unfinished structures would be identified and secured, and unusedmaterials will be piled at the site so that the cut -off survey can estimate investmentwhich should be compensated for in lieu of expenses (including labor) incurred until thecut - off date.

The establishment of a cut-off date is required to prevent opportunistic invasions /rushmigration into the chosen land thereby posing a major risk to the project. Therefore,establishment of a the cut-off date is of critical importance. Because the time periodbetween the cut-off date and the time actual productive investments (civil works) wouldstart bearing also in mind that only after PAPs have been compensated and anyreplacement structures built according to the requirements of this RPF, is likely to beanytime period from six months on, special attention needs to be taken to secure thesites from rush and opportunistic invasion. These measures could include closeconsultation with the recognized PAP's , signs that inform general public of intended useof site, security patrols to identify opportunistic invaders etc.

At the meetinq of the local qovernments and the paramount chief in which theland is approved, a cut -off date will be chosen. The Paramount Chief would nowqo back to his community throuqh the respective Section Chief, Town Chief andVillaqe Chief, to inform them on the final location of the site that is chosen and ofthe cut-off date. The chosen cut-off date for each affected site must be so chosenso that the process must be in full compliance with the conflict resolutionmechanisms in this RPF and this date must be communicated effectively to thepotential PAP's and surroundinq local communities.

The local community leaders will play a crucial role in identifying users of land.

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F. A LEGAL FRAMEWORK REVIEWING THE FIT BETWEEN THE LAWS OFSIERRA LEONE AND REGULATIONS AND BANK POLICY REQUIREMENTSAND MEASURES PROPOSED TO BRIDGE ANY GAPS BETWEEN THEM

Administratively, Sierra Leone is divided into the Western Area (which includesFreetown, the capital city), and twelve Districts. The districts are collectively known asthe provinces. Each district is divided into several chiefdoms, which are sub divided intosections, towns and villages.

At the district level, the administrative head is known as the District Officer (DO), who isappointed by the Government. The Chiefdoms are headed by the Paramount Chief, thesections by the Section Chief, the towns by the Town Chiefs and the villages by theVillage Chiefs. The chiefs are not appointed by the government but by their communitiesunder customary law.

Environmental Laws

The main Statute harnessing efforts to protect the environment is The EnvironmentProtection Act. 2000 and concentrates only on the bio-physical environment. This actestablished the National Environment Protection Board (NEPB), the main function ofwhich is to facilitate the coordination , cooperation and collaboration among governmentministries, local authorities and other governmental agencies in all areas relating toenvironmental protection. Additionally, the board is mandated to review environmentalimpact assessments prepared pursuant to this act and make recommendations to theDirector. The act also sets the procedure for the preparation, review and approval ofenvironmental assessments for projects, which include making the EA's available forpublic inspection and comment in two consecutive issues of the Gazette and two issuesin a local newspaper

Land Tenure and Ownership

Land tenure in Sierra Leone is governed by Property Statutes in the capital city,Freetown and the surrounding areas collectively referred to as the Western Area, and,everywhere else in the country, Customary Law exist in parallel with Statute.

In the Western Area

In the Western Area of Sierra Leone, Land is either State (Public) owned or Privatelyowned. The Law of Property Act 1925 forms the basis for land law. Public Land of theState is inalienable and indefeasible. Rights of occupation over public land may begranted under warrant. National public property includes water flows, lakes, ponds, andsprings, islands, sandbanks and riverbanks formed in rivers, underground streams,mineral and mining deposits, navigation and irrigation channels, waterways, drainageand sewage systems, communication means, airports, telecommunication systems,power generation works for public utility, and protective devices, geodesic andtopographic boundaries and landmarks, national defense works and their perimeters ofprotection, public monuments, and collections or objects of cultural interest belonging tothe state or to a subordinate public entity.

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Customary rights of customary users of Public Land in the Western Area are notrecognized. Therefore, customarily the loss of such land does not entitle the customaryusers to any form of compensation for any investments or for provision of landelsewhere.

However, land that is not in the Public Land domain that is acquired by a warrant iseligible to compensation.

The state has the power, conferred by the Unoccupied Lands Act, Cap 117, to takepossession of unoccupied land. All land shall be deemed to be unoccupied land where itis not proved, by the person/persons claiming the same, that beneficial use thereof forcultivation, inhabitation or industrial purposes, has been made for twelve years.

Other statutes relating to land are;

* The interpretation Act No. 8 of 1971* Public Health Act No. 23 of 1960* Public Land Act 1 16

In the private domain, private ownership may be established by registering the land withthe Land Registry to obtain a legal title. Private Land may be held in Freehold orLeasehold. Customary rights do not exist over freehold or leasehold property. The landowner is entitled to fair compensation for the land itself as well as any investments.

In the Rest of Sierra Leone (The Provinces)

In the provinces, Customary Law co-exist with statute and where there is a conflict,statute takes precedence. As far as land tenure is concerned, this is governedpredominantly by customary law. Land is vested in the chiefdoms and communities andcan never be owned freehold. Land always belongs to the communities under thedifferent forms of tenure under customary law (e.g. family, communal or individual).

There are statues like Cap 122, The Provinces Land Act, which regulates holding by nonnatives in the provinces. Non natives being loosely defined for the purposes of this policyas those who do not have any inheritance rights in the chiefdoms. That is anyone fromoutside the community.

In section two of the Local Courts Act, customary law is defined as " any rule or lawother than the general law having the force of law in any chiefdom in the provinces." Italso provides that there is established for every chiefdom a local court authorized toadminister customary law in that chiefdom. However, by most interpretations ofcustomary law, there can exist as many variations of customary law as there arechiefdoms or ethnic communities. But with land tenure the principles of customary lawcuts across ethnic differences and the most common forms are;

* Family Tenure

* Communal Tenure

* Individual Tenure

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Family Tenure

This is the most common form of tenure found in the provinces. Family is used in thesense of a kinship or descent group with the concept of clan or lineage. In most cases,lineage is traced, Patrilinearly, for the purposes of inheritance. Therefore, a person canonly be entitled to rights in family tenure, if that person is able to prove his kinship,patrilinearly within a particular family in a chiefdom. Family tenure is a system of tenureunder which entitlements to land within a particular chiefdom is claimed by variousdescent groups each with a common ancestor and who constitutes a family unit. Suchfamily units are a corporate entity and have capacity to claim and hold land as a body. Italso has capacity of having the paramount title to the land vested in itself. Though theparamount title to family land is vested in the family as a group, yet underneath theumbrella of this title, varying degrees of lesser interests held in specific or particularportions of family land may be held by some family groups or individuals. Responsibilityfor the management of family land is vested in the head of the family assisted byprincipal members. The head of the family has the right to allocate unoccupied portionsof family land to members of the family, to bring claims on land against outsiders onbehalf of the family for trespass on family land.

Communal Tenure

The main feature of communal tenure is that title in land in a given area in the chiefdomis claimed by or on behalf of the community as a whole and not by or on behalf offamilies or individuals. Like the family under family tenure, the community is also acorporate entity, endowed with legal capacity to enforce and defend its claims and rightsto communal lands vis-a-vis other communities. Unlike the family, a community is not akinship, but a socio-political entity and its members are not necessarily related to eachother. There are also similarities between the two entities in that membership of acommunity and members rights to claim an interest in communal land is based ondescent from some kinship group within the community.

The community for this purpose occupies an identifiable and precise boundary. At itsbroadest and highest level, the community is co-extensive with the chiefdom. Viewedexternally, it gives the appearance of a monolithic unit. Another feature of communaltenure is that title communal lands is not vested directly on the communal as an entity asin the case of the family, it is vested rather in the socio-political head of a particularcommunity. It is so vested in a representative capacity. Though they are sometimesreferred to as owners of land, one should not lose sight of the fact that they are holdingsuch land in a representative capacity. Another feature of communal tenure similar tofamily tenure is that it is only the unapportioned and unappropriated portions ofcommunal lands and those lands which are strictly public lands , such as sacred bushes,common grazing lands and communal farms, that are subject to direct management,control and supervision of the socio political heads.

Thus communal land can be defined as land held under communal tenure, title to whichis claimed by a community as a unit occupying and identifiable territory but with theparamount title thereto vested in the socio-political head, such as the paramount chief,section chief etc. in a representative capacity for the community as a whole.

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Individual Tenure

This is the most controversial concept. It has been argued that in customary land tenurethere is no individual land ownership. But it is found to exist among some communities.For example, there are practices whereby families owning large pieces of land wouldallocate portions of land to individual members of the family to enable them set up theirindividual households. Even though the paramount title remains vested in the family,each individual members holds interest in his holdings. When the individual dies, theland is inherited by his immediate or nuclear family or nearest next of kin, a matter ofpriority, rather than by the wider ancestral group. It is also common to find practiceswhere a man my give each of his wives land for her use and that of her own children.When the man dies the land is inherited by the wife whom was given the land when theman was living and her children.

Whether the land would continued to be held as individual holdings would depend on anumber of factors, such as the number of children, etc. There are generally three waysin which Individual Acquisition of title is done;

(i) by clearing of virgin forest- any land not appropriated by the communityas a whole can be claimed individually

(ii) by straight forward purchase - individuals who are not otherwise entitledto land in a given area can purchase land outright from the recognizedowner.

(iii) by gift - individual owners may acquire land as a gift. For example, wherea stranger marries into a land owning family, land may be given for hisuse and to the use of his issues.

Comparison between Laws of the Republic of Sierra Leone relating to land tenureand Administration and the World Bank 0P4.12

Whereas Statutes are written laws (usually acts of parliament) and apply only to thecapital city of Freetown and its environs in the Western Area, and grievances arebrought before the civil courts for ruling, customary law remains unwritten, applies toonly outside the Western Area or the Provinces and thus subject to different forms ofinterpretation, with grievances settled by the different chiefs subject to appeal to andfinal ruling by the Paramount Chief . In both systems even though the laws are wide andvaried, entitlements for payment of compensation are essentially based on rights ofownership as allowed and defined in either system. The Bank OP 4.12 is fundamentallydifferent from this and states that affected persons are entitled to some form ofcompensation whether or not they have legal title if they occupy the land by a cut-offdate.

With a significant part of the population living in rural areas, and the activities of theLocal Governments with regards to this project will be in the Provinces, the application ofCustomary Law, its provisions therein for entitlement rights and compensation, and theoverwhelming likelihood that project affected persons are going to be in the rural areas,will be the dominant law in effect under the project.

However, under customary law applications, the rulings of the chiefs can and may beguided and influenced by the provisions of this RPF.

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Notwithstanding, as this is a bank funded project and the principles of OP 4.12 are notnegotiable, the Bank OP.4.12 must be adhered to. As a result, all land to be acquired bythe government for this project would be so acquired subject to the Laws of Sierra Leoneand the Bank OP4.12. Where, there is conflict, the Bank OP 4.12 must take precedenceif the Bank is to fund this project.

Comparison of the Law in Sierra Leone and World Bank OP4.12 regardingcompensation

Category of PAPSI Type of Lost The Law in Sierra Leone World Bank OP4.12Assets

Land Owners Cash compensation based upon Recommends land-for-landmarket value under statute. compensation. Other compensation isLand for Land under Customary Law at replacement cost.

Land Tenants Entitled to compensation based upon Are entitled to some form ofthe amount of rights they hold upon compensation whatever the legalland under statute. recognition of their occupancy.

Land Users Not entitled to compensation for land, Entitled to compensation for crops,entitled to compensation for crops may be entitled to replacement landunder statute. Land for Land under and income must be restored to pre-customary project levels at least.

Owners of "Non permanent" Buildings Cash compensation based on market Entitled to in-kind compensation orvalue under statute. cash compensation at full replacement

cost including labor and relocationexpenses, prior to displacement.

Owners of "Permanent" buildings Cash Compensation is based on Entitled to in-kind compensation ormarket value. cash compensation at full replacement

cost including labor and relocationexpenses, prior to displacement.

Perennial Crops Cash compensation based upon rates As per section G of this RPF oncecalculated as the one year net approved by the Bank and disclosedagricultural income. in Sierra Leone & at the Bank

infoshop.

Based on this comparison, the below presented entitlement matrix is so designed toassist the process by bridging the gaps between requirements under the Law in SierraLeone and the World Bank OP4. 12. The higher of the three ( customary law, statute andOP 4.12) standards is followed in this entitlement matrix, since this procedure alsosatisfies the requirements of the lesser two standards. The missing values in theentitlement matrix will be determined at the time the resettlement plans (RAPs) are beingnegotiated and prepared.

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THE ENTITLEMENT MATRIX2 FOR VARIOUS CATEGORIES OF PAPS

Category of Type of Loss ENTITLEMENTSPAP

Compensation for Compensation for Compensation for Moving Allowance Other AssistanceLoss of Structures Loss of Land and Loss of Income

other AssetsProperty Owners Loss of Land Replacement Costs Land replacement at crops at market None Food from WFP

new site, plus land rates in scarce during constructionclearing by the project season of new site.

Loss of Structure Compensation at (Fences (blockwork, For lost rental None. Moving to be DisturbanceResidential or full replacement wire, wood) at US $.... income, Lump sum done free by project Allowance of USBusiness value not cash payment of 6 $100 (min.)

depreciated. Wells at US $ months rent pertenant.

Stores at US$....Residential Loss of rental No loss of structure, Replacement costs for No loss of income Free moving if 6 months rentTenant: accommodation no entitlement to non-movables if notification before equivalent for

housing at new site. installation was agreed deadline disturbancewith owner.

Business Loss of Premises No Loss Replacement cost for For loss of business Free moving ifTenant facilities that cannot be income, payment of notification before

moved half of turnover for deadline6months

Loss of Land None Where possible crops at market None Food from WFPassistance in securing rates in scarce during construction

Encroachers other access to land for season. For street of new site.(using Land) crops growing subject vendors on right of Possible

to approval of local ways possible employment withauthorities/communities. access to other civil works

sites/locations contractors, etc.Loss of Shelter Compensation at None Payments in lieu of Free moving if Disturbance

full replacement wages while notification before allowance of US$Squatters value for structure, rebuilding deadline (say)(living on Site) relocation to

resettlement site,with payment of siterent.

2This matrix is a sample/suggestion only. Exact details to be agreed upon between parties.

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n.b.: all payments to be made in Leones. Dollar values indicated in table to allow for international interpretation/conversion only

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G. METHODS OF VALUING AFFECTED ASSETS.

Valuation methods for affected land and assets would depend on the type of asset. Thethree land asset types identified under Sierra Leone law in this policy framework are:

(i) State owned Land(ii) Privately owned Land(iii) Assets held under Customary Law

State owned land would be allocated free ( perhaps except for processing andregistration fees), the project would be expected to pay compensation to acquire land inthis category in cases where the state-owned land is being used by farmers, settledupon or other wise being used. Privately owned property, would have to be acquired atthe market value. The guiding principle is that whoever was using the land to beacquired would be provided other land of equal size, quality, and comparable ease ofaccess.

However, according to Sierra Leone law, assets held under customary rights are in theprovinces only and would have to be valued according to the following method andcompensation paid for. The project would compensate for assets and investments,including labor, crops, buildings, and other improvements, according to the provisions ofthe resettlement plan. Compensation rates would be market rates as of the date andtime that the replacement is to be provided. The current prices for cash crops wouldhave to be determined. Compensation would not be made after the entitlement cut-offdate in compliance with this policy. Under customary law land belongs to chiefdoms,towns and villages. The permanent loss of any such land will be covered by communitycompensation which will be in-kind, only. However, because the bank policy onresettlement , OP4.12, makes no distinction between statute and customary rights, notonly assets and investments will be compensated for, but also land. Thus, a customaryland owner or land user on state owned land, will be compensated for land, assets,investments, loss of access etc. at market rates at the time of the loss.

Compensation Payments and Related Considerations.

Individual and household compensation will be made in cash, in kind, and/or throughassistance. The type of compensation will be an individual choice although every effortwill be made to instill the importance and preference of accepting in kind compensation ifthe loss amounts to more that 20% of the total loss of subsistence assets.

FORMS OF COMPENSATION

Cash Payments Compensation will be calculated in Leones. Rates will beadjusted for inflation.Compensation may include items such as land, houses, other

In-kind Compensation buildings, building materials, seedlings, agricultural inputsand financial credits for equipment.

Assistance Assistance may include moving allowance, transportationand labor

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Making compensation payments raises some issues regarding inflation, security andtiming that must be considered. One purpose of providing in-kind compensation is toreduce inflationary pressures on the costs of goods and services. Local inflation may stilloccur, thus market prices will be monitored within the time period that compensation isbeing made to allow for adjustments in compensation values. The question of security,especially for people who will be receiving cash compensation payments needs to beaddressed by the government. Local banks and micro finance institutions should workclosely with government at this level to encourage the use of their facilities which willpositively impact the growth of the local economies. The time and place for in-kindcompensation payments will be decided upon by each recipient in consultation with theProject Management Team. Monetary payments should be paid at a time in relation tothe seasonal calendar.

Compensation for Land

Compensation for land is aimed at providing a farmer whose land is acquired and usedfor project purposes with compensation for land labor and crop loss. For this reason, andfor transparency, a "Land" is defined as an area

* In cultivation

* Being prepared for cultivation, or

* Cultivated during the last agricultural season (March - November of the previousyear)

This definition recognizes that the biggest investment a farmer makes in producing acrop is his of her labor. A farmer works on his/her land most of the months of the year.The major input for producing a crop is not seed or fertilizer, but the significant labor putinto the land each year by the farmer. As a result, compensation relating to land willcover the market price of labor invested as well as the market price of the crop lost.

Land measurement

In the Western Area of Sierra Leone, the traditional unit of land measurement is the townlot, which measures 50ft x 75ft. In the provinces, the traditional unit of land measurementis also the town lot or the one bushel of rice, which equals approximately one acre ofland. There are between 10 and 11 town lots in one acre. Compensation for land wouldbe paid based on the areas no smaller than one-quarter town lot. All measurementswould be rounded up to the nearest one-quarter town lot. Any farmer who is to receivecompensation for a land will measure the amount of land for which compensation is due.Because land is laid out in town lots, a farmer can survey his or her land by finding themid points of the sides of the land, determine perpendiculars from the midpoints, andthereby divide the land into quarter town lots.

In cases where the town lot concept is unknown, then it is recommended that landshould be measured in meters or any other internationally accepted unit ofmeasurement. However, in such an event, the unit that is being used must be explainedto the affected farmers and must somehow be related to easily recognizable land

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features that the communities are familiar with, such as using location of trees, stumps,etc. as immovable pegs.

The most important concern of this exercise is to ensure that the affected person is ableto verify using his/her own standards/units of measurement for him/herself, the size ofland that is being lost. Ensuring that this occurs maintains transparency in the systemand will thus avoid subsequent accusations of wrong measurements or miscalculation ofareas.

For instance, a farmer losing a certain piece of land should know exactly how much landhe/she is losing, in terms of size and the replacement land must be at least of that samesize and comparable value as land lost, determinable by the farmer.

Calculation of Crop Compensation Rate

The current prices for cash crops would have to be determined. All crops to becompensated using a single rate regardless of the crop grown. This rate incorporates thevalue of crops and the value of the labor invested in preparing a new land. Determiningcompensation using a single rate creates transparency because anyone can measurethe area of land for which compensation is due and multiply that by a single rate knownto all. This approach also allows assignment of values to previous year's land (land inwhich a farmer has already invested labor) and land that have been planted but have notyet sprouted. Further, it avoids contention over crop density and quality of mixedcropping. The value of the labor invested in preparing agricultural land will becompensated at the average wage in the community for the same period of time. Therate used for land compensation is to be updated to reflect values at the timecompensation is paid. The following example, which is based on 2003 data, derives atotal value for a one hectare land from the value of the crops on the land and the valueof labor invested in preparing a replacement land.

EXAMPLE OF METHOD TO BE USED TO DETERMINE A MONETARY COMPENSATION RATE FOR LAND(Based on 2003 data. LEONE payments will be revised to reflect crop values and labor rates in effect at the time

of compensation)

Item Compensated Basis of Value LEONE/ha

Average of the highest 2003 officialValue of Crops and market survey land prices per

ha of staple food crops (millet,peanuts etc.),plus cash crops (e.g.Sorghum).

Labor Invested Labor costs of preparing areplacement land.

Total Replacement value of crops pluslabor.

Note: This example assumes a one-hectare land.

Crop values will be determined based on:

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* A combination of staple foods and cash crops. Specifically, the 80/20 ratio of landthat a farmer typically has in food crops and cash crops is used to determine thechances s/he would lose food crop rather than a cash crop income.

* The value of stable crops to be taken as the highest market price ( say, over 3years) reached during the year, in recognition of these factors:

- Although most farmers grow staple crops mainly for homeconsumption, they always have the option of selling these crops totake advantage of the market.

Farmers most often purchase cereals when they have run out, duringthe "hungry season" when prices are high. Compensating at a lowervalue might put the individual or household at risk.

Averaging the highest price of stable foods yields a high per ha valuethat reimburses for the vegetables and other foods that are commonlyinter-cropped with staples, but are almost impossible to measure forcompensation.

* The labor cost for preparing replacement land is calculated on what it would costa farmer to create a replacement land. This value is found by adding together theaverage costs of clearing, plowing, sowing, weeding twice, and harvesting thecrop. Labor costs will be paid in Leones, at the prevailing market rates.

The following table presents an example of a compensation schedule for a one-hectare land. The Leone values are based on arbitrary labor rates , which will needto be validated at the time payments are made.

EXAMPLE OF LAND COMPENSATION SCHEDULE OF PAYMENTS

Activity Month Paid Labor in Leones/haRate Costday x no. of days

Clear MarchPlough MaySow May

Weed MayHarvest November

Total

All agricultural labor activities are included for two reasons. First, because of the needfor transparency, all land labor will be compensated for at the same rate. Second, it isdifficult to forecast when during the growing season a farmer might need to give uphis/her land. Thus, the land compensation covers all investments that a farmer willmake. In certain cases, assistance may be provided to land users in addition tocompensation payments, for example, if the farmer is notified that his/her land is neededafter the agriculturally critical date of March, when s/he will no longer have enough timeto prepare another land without help. Assistance will be provided in the form of labor

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intensive village hire, or perhaps mechanized clearing, so that replacement land will beready by the sowing dates. The farmer will still continue to receive his/her cashcompensation so that /s/he can pay for sowing, weeding and harvesting.

Compensation for Buildings and Structures.

Compensation will be paid by replacing structures such as huts, houses, farmoutbuildings, latrines and fences. Any homes lost will be rebuilt on acquired replacementland, however cash compensation would be available as a preferred option for structures( i.e. extra buildings) lost, that are not the main house or house in which someone isliving. The going market prices for construction materials will be determined.Alternatively, compensation will be paid in-kind for the replacement cost withoutdepreciation of the structure. The project will survey these prices for administrativepurposes on an ongoing basis.

Compensation will be made for structures that are:

* Abandoned because of relocation or resettlement of an individual or household,Or

* Directly damaged by construction activities.

Replacement values will be based on:

* Drawings of individual's household and all its related structures and supportservices,

* Average replacement costs of different types of household buildings andstructures based on collection of information on the numbers and types ofmaterials used to construct different types of structures (e.g. bricks, rafters,bundles of straw, doors etc.),

* Prices of these items collected in different local markets,

* Costs for transportation and delivery of these items to acquired/replacement landor building site,

* Estimates of construction of new buildings including labor required.

COMPENSATION FOR BUILDINGS AND STRUCTURESBuildings and structures will be replaced by an equivalent structure or, on an exception basis, cash and/or credits will be

paid based on replacement costs.Item ExampleHouse Raw or Baked brick

Straw or tin roofVarying sizes (small, medium large)

Kitchen Open, closedStables/sheds/pens Cattle, goat, camel, sheep, otherCoops Chicken, duck, otherFence Straw/poles (per unit poles & mat), raw and/or baked brick/cement blocks (per 1-

m length)Private Bathing

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Latrine Replacement latrines will be similar to those currently operational and financed bythe bank or other donor agencies at health centers, schools.

Open well Internally lined with concrete rings and provided with a hand driven pump.Storage building Cement/sand block walls with thatched roof on z-profiled metal sheets.Sun Screen open huts/shades Similar to those replaced, on thatched roof on wood poles.

Compensation for Sacred Sites

This policy does not permit the use of land that is defined to be cultural property by theBanks Safeguards OP 4.11. Sacred sites include but not restricted only to; altars,initiation centers, ritual sites, tombs and cemeteries. It includes other such sites orplaces/features that are accepted by local laws (including customary), practice, traditionand culture as sacred. To avoid any possible conflicts between individuals and/orcommunities, the use of sacred sites for any project activity, is not permitted under thisproject.

Compensation for vegetable gardens and beehives

These are planted with vegetable and ingredients for daily use. Until a replacementgarden starts to bear, the family displaced as a result of the project land needs will haveto purchase these items in the market. The replacement costs therefore, will becalculated based on the average amount that and average town dweller spends onbuying these items for one year per adult from the local market.

Beehives are placed in various locations in the bush by some individuals that specializein honey gathering. If such hives would be disturbed by the project activities, or accessto hives is denied, beekeepers can move them, and the bees will adapt to the newlocations. Beekeepers would be compensated by the value of one season's productioncosts of honey for each hive that is moved and any reasonable costs associated withmoving the hive.

Compensation for trees

Mango and Banana Trees

Mango and Banana trees are the primary fruit trees in the project targeted area and areestimated to account for about 80% of all fruit bearing trees. They are primarily importantas a source of:

* Subsistence food for families* Petty market income in some areas, and* Shade (in the case of mango trees).

For Banana trees, they have a relatively much shorter productive life, normally, thanmango trees. Banana trees will not bear fruit more than once. Therefore, compensationfor banana trees would be compensated at the full market rates for bananas harvestedin that year and for another year. The second year payment is for the replacement costof planting a new tree, looking after it and harvesting it which could all be done in oneyear. Therefore, the farmer should have restored his pre-project position by the end ofthe second year.

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Given their significance to the local subsistence economy, which this project intends topositively impact, mango trees will be compensated on a combined replacement/marketvalue. Mango trees used for commercial purposes will be compensated at market valuebased on historical production records. If households chose to resettle, they will becompensated for the labor invested in the trees they leave behind, because they willcontinue to own the trees left behind under customary rights. It is not uncommon forindividuals to own trees in other villages in which they formally lived and, in some cases,to continue to harvest fruit from those trees for subsistence purposes and/or sale totraders. If a household chooses to transfer ownership of the trees, transfer costs will bepaid in addition to labor costs. The compensation rate will be based on informationobtained from the socio-economic study. From this study, a compensation schedule formango trees can be developed incorporating the following goals:

* Replace subsistence mango production yields as quickly as possible.

* Provide subsistence farmers with trees to extend the number of months of theyear during which mangoes are produced and can be harvested as asupplemental source of food for their families during their "hungry season".

* Provide farmers with the opportunity to derive additional production income fromtrees bearing more valuable fruits at off-season periods.

* Provide cash payments to farmers to replace pre-project income derived from thesale of excess mango production until replacement trees produce the equivalent(or more) in projected cash income.

The compensation schedule is based on providing a combination of new grafted andlocal trees to farmers, as well as cash payments to offset lost yearly income. Theschedule could assume the following ( the figures in Leones (Xno.) to be determined inthe socio-economic study):

Local MangoesEstimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/yearEstimated Yield used Ten sacks(1,000kg)/tree/yearMarket Price,

* Height of harvest season (March/April) Leone/kg* End of season (late May) Leone/kg

Price used as basis of this estimate 80% height of season;20% end of seasonYears to Production Six to sevenYears to Maximum Production TwentyCosts of Sapling LEONE, locally available.

Grafted MangoesEstimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/yearEstimated Yield used Almost entire yield due to market valueMarket Price, (varies according to variety)

a Height of harvest season (June/September) LEONE/kg

Price used as basis of this estimate Price per fruit or sac (1 00kg) as quoted by growersYears to Production four to fiveYears to Maximum Production EightCosts of Sapling LEONE, not locally available.

Proposed Schedule for Mango Trees Cut DownType/Age of Tree j Est. | In-kind replacement for C Credits/Financial Support.

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Years Local MangoesSapling 0-1 Deliver to Farmer: * LEONETrees planted after sub . Choice of two mango treesproject cut-off date in area (local and/or improved grafted)will not be eligible for . Supplies: fencing to protectcompensation Tree, a bucket for watering, and a

spade.Sapling/Young Tree 1-6 Deliver to farmer: Equivalent of X no. LEONEFirst minor production 12- * Choice of two mango trees in credits or other financial50 fruits occurs about age (local and/or improved grafted) support for labor invested in4-5 * Supplies: fencing to protect planting, fencing, and

Tree, a bucket for watering, and a watering, made in oneSpade payment.

Mango Trees 6-30+ Deliver to farmer: Equivalent of X no. LEONEFruit Producing * Choice of two mango trees in credits or other financial

(local and/or improved grafted) support for labor invested in* Supplies: fencing to protect planting, fencing, and

Tree, a bucket for watering, and a watering, made in onespade payment.

Equivalent of X no. LEONEin credits or other financialsupport, representing eightyears, (8 years x 10 sacks xX LEONE/sack) lostincome/subsistence untilreplacement trees beginproduction.This rate to be agreed byfarmers.Total: Equivalent of X no.LEONE in cash orequivalent financial supportto be paid in oneinstallment.

Mature Trees - Low or 30+ Same as for mature trees above Same as aboveNon- Fruit Producing

No compensation will be paid for minor pruning of trees. Compensation for removal oflimbs will be prorated on the basis of the number of square metres of surface arearemoved. The total surface area of the tree will be calculated using the following formula:( /2 diameter of canopy )2x 3.14.

Other domestic fruit and shade trees.

These trees have recognized local market values, depending upon the species and age.Individual compensation for wild trees "owned" by individuals which are located in landsas defined in this policy will be paid. Note that wild, productive trees belong to thecommunity when they occur in the true bush as opposed to a fallow land. These treeswill be compensated for under the umbrella of the village or community compensation.

INDIVIDUAL COMPENSATIONSub-Category Unit Compensation Value

(X no. of LEONE)foodstuffs & others 1 town lot

N/a 1 town lotDomestic Fruit Trees

Avocado Non-productiveproductive

Non-productivePlanktain productive

Lemon Non-productiveLemon ~~~~~~~productivePineapple Non-productive

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ProductiveLime ~~~~~~Non-productiveLime Productive

Non-productiveOrange Productive

Grapefruit Productive

Non-productivePapaya productive

Shade TreesYoung

I adultIndividual Owned Wild Productive Trees

Palm Kernel Non- productiveProductive

Coconut Productive

Mango Trees2 saplings & equipment 0-1 year2 saplings & equipment 1-6 years2 saplings & equipment 6+ years

Catch Demonstrable loss according to caseKitchen GardenBeehive

H. ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OFENTITLEMENTS, INCLUDING, FOR PROJECTS INVOLVING PRIVATESECTOR INTERMEDIARIES, THE RESPONSIBILITIES OF THEFINANCIAL INTERMEDIARY, THE GOVERNMENT, AND THE PRIVATEDEVELOPER.

Compensation (and resettlement) will be funded like any other activity eligible under theprojects' administrative and financial management rules and manuals .

Funding would be processed and effected through the Local Governments.

The compensation process which will involve several steps would be in accordance withthe individual local government's resettlement plans, significantly;

* Public Participation with the PAPs would initiate the compensation process aspart of an ongoing process that would have started at the landselection/screening stage. This would ensure that no affectedindividual/household is simply "notified" one day that they are affected in thisway. Instead, this process seeks their involvement and wishes to informcommunities in a participatory approach with the project, from the beginning asoutlined in item k. of this report.

* Notification of land resource holders - the respective Paramount Chief havingbeen involved in identifying the land it requires will notify the section chief, townchief and village chief and village inhabitants who will help to identify and locatethe property users. The user will be informed through both a formal notification in

35



writing and, for as many people are illiterate, by verbal notification delivered inthe presence of the village chief or his representative. In addition, the paramountchief, village chiefs, religious leaders, other elders and individuals who controlfishing areas, wild trees, or beehives will accompany the survey teams to identifysensitive areas.

* Documentation of Holdings and Assets - local government officials andtraditional leaders will arrange meetings with affected individuals and/orhouseholds to discuss the compensation process. For each individual orhousehold affected, officials of the local governments completes a compensationdossier containing necessary personal information on, the affected party andthose that s/he claims as household members, total land holdings, inventory ofassets affected, and information for monitoring their future situation. Thisinformation is confirmed and witnessed by village officials, Dossiers will be keptcurrent and will include documentation of lands surrendered. This is necessarybecause it is one way in which an individual can be monitored over time. Allclaims and assets will be documented in writing.

* Agreement on Compensation and Preparation of Contracts - All types ofcompensation are clearly explained to the individual and households involved.The respective local government draws up a contract listing all property and landbeing surrendered, and the types of compensation (cash and/or in-kind) selected.A person selecting in-kind compensation has an order form which is signed andwitnessed. The compensation contract and the grievance redress mechanismsare read aloud in the presence of the affected party and the Paramount Chief,village officials and other village leaders prior to signing.

* Compensation Payments - All handing over of property such as land andbuildings and compensation payments will be made in the presence of theaffected party and the village officials.

Community Compensation Payments

Community compensation will be in-kind only for a community as a whole in the form ofreconstruction of the facility to at least the same standard or equivalent better standardto that being built by local NGO's on the area to serve the same function. Examples ofcommunity compensation include;

* School Building (public or religious)* Public Toilets* Well or Pump* Market Place* Road* Storage warehouse

Community compensation may in itself require land take and people may beaffected, thus a change of impacts which will be compensated for.

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1. A DESCRIPTION OF THE IMPLEMENTATION PROCESS, LINKINGRESETTLEMENT IMPLEMENTATION TO CIVIL WORKS.

Before any project activity is implemented, PAPs will need to be compensated inaccordance with the resettlement policy framework and subsequent RAP. For activitiesinvolving land acquisition or loss, denial or restriction to access, it is further required thatthese measures include provision of compensation and of other assistance required forrelocation, prior to displacement, and preparation and provision of resettlement sites withadequate facilities, where required. In particular, the taking of land and related assetsmay take place only after compensation has been paid and, where applicable,resettlement sites and moving allowances have been provided to displaced persons. Forproject activities requiring relocation or loss of shelter, the policy further requires thatmeasures to assist the displaced persons are implemented in accordance with theindividual resettlement plan of action.

The measures to ensure compliance with this policy directive would be included in theresettlement plans that would be prepared for each land involving resettlement orcompensation. When the local governments present their resettlement plans forapproval, part of the screening process would verify that the resettlement plans containacceptable measures that link resettlement activity to civil works in compliance with thispolicy. The timing mechanism of these measures would ensure that no individual oraffected household would be displaced due to civil works activity before compensation ispaid and resettlement sites with adequate facilities are prepared and provided for to theindividual or household affected. Once the resettlement plan is approved by the localand national authorities, the resettlement plan should be sent to the World Bank for finalreview and approval.

J. A DESCRIPTION OF GRIEVANCE REDRESS MECHANISMS.

At the time that the individual resettlement plans are approved and individualcompensation contracts are signed, affected individuals would have been informed ofthe process for expressing dissatisfaction and to seek redress. The grievance procedurewill be simple, administered as far as possible at the local level to facilitate access,flexible and open to various proofs taking into cognizance the fact most people areilliterate requiring a speedy, just and fair resolution of their grievances. The localgovernments being a party to the contract would not be the best office to receive, handleand rule on disputes. Therefore, taking these concerns into account , all grievancesconcerning non-fulfillment of contracts, levels of compensation, or seizure of assetswithout compensation should be addressed to the existing local courts system ofadministration of justice. The Paramount chief is the highest appellate "judge" in thissystem.

In the local cultures it takes people time to decide that they are aggrieved and want tocomplain . Therefore, the grievance procedures will give people up to the end of thenext full agricultural season after surrendering their assets to set forth their case.

All attempts would be made to settle grievances. Those seeking redress and wishing tostate grievances would so by notifying their village chief and the District Officer (DO).The DO will consult with the Paramount Chief, Section Chief, Town Chief and Village

37



chief and elders and other records to determine a claims validity. If valid, the village chiefwill notify the complainant and s/he will be settled. If the complainants claim is rejected,then the matter will be brought before the local courts for settlement. If the mattercannot be settled by the local courts, the matter will go the paramount chief forresolution. The decision of the paramount chief would be final and all such decisionsmust be reached within a full growing season after the complaint is lodged. If a complaintpattern emerges, the paramount chief and the DO with village leaders will discusspossible remediation. The local leaders will be required to give advice concerning theneed for revisions to procedures. Once the DO, paramount chief and village leadersagree on necessary and appropriate changes, then a written description of the changedprocess will be made. The DO, paramount chief and village leaders will be responsiblefor communicating any changes to the population.

K. A DESCRIPTION OF THE ARRANGEMENTS FOR FUNDINGRESETTLEMENT, INCLUDING THE PREPARATION AND REVIEW OF COSTESTIMATES, THE FLOW OF FUNDS, AND CONTINGENCYARRANGEMENTS.

The estimate of the overall cost of resettlement would be determined during the socio-economic study. The Local Governments would have to finance the resettlementcompensation because they are the parties who would be impacting livelihoods. At thisstage, it is not possible to estimate the likely number of people who may be affectedsince the technical designs/details have not yet been developed and land needs havenot yet been identified. When these locations are known, and after the conclusion of thesite specific socio-economic study, information on specific impacts, individual andhousehold incomes and numbers of affected people and other demographic data wouldbe available, thus facilitating the preparation of a detailed and accurate budget forresettlement and compensation. The local governments will prepare the resettlementbudget and will finance this budget consistent with the projects financial managementrules and manuals, like any other activity eligible for payment under the project. Thisbudget will be subject to the approval of the World Bank.

At this stage however, all that can reasonably and meaningfully prepared is an indicativebudget, highlighting key features that the budget must contain, inter alia, as follows;

Item Costs Assumptions(in Leones)*

1 Compensation for loss of Land For land acquisition purposes, based/hectare on cost realized in projects involving

similar issues in Sierra Leone.2 Compensation for loss of Crops Includes costs of labor invested and

/hectare of farm average of highest price of staple foodlost crops as per methods described in

Section G of this RPF3 Compensation for loss of access to Those affected would be provided with

pastoralists N/a shared access, or alternate routes (decision agreed through consultationand participation of all)

4 Compensation for loss of access to fishing Data provided from revised socio-resources. Say, /fishmonger economic study will determine market

values of catch, fish products etc. thatis produced.

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5 Compensation for Buildings and Structures This compensation would be in-kind.These new buildings would be builtand then given to those affected. Costbased on basic housing needs for afamily of ten, including house with fourbedrooms, ventilated pit latrines,outside kitchen and storage.

6 Compensation for Trees Based on methods described on page/year/tree 30 of this RPF for compensation for

trees.7 Cost of Relocation Assistance/Expenses /household This cost is to facilitate transportation,

/household etc.8 Cost of Restoration of Individual Income Assumed to be higher than the

say GDP/capita.9 Cost of Restoration of Household Income Say For household of ten.10 Cost of Training Farmers , pastoralists and This is a mitigation measure which

other PAPs seeks to involve those affected by theproject activities. This figure representsa costs of around Leone/person

These costs are to be confirmed during the socio-economic study and revised at the time the payments are made

However, the World Bank may at the request of the Government of Sierra Leone,support certain activities in the resettlement plans providing;

(a) assistance to assess and strengthen resettlement policies, strategies and/orlegal frameworks

(b) financing of technical assistance to strengthen the capacities of agenciesresponsible for resettlement, or of affected people to participate moreeffectively in resettlement operations

(c) financing of technical assistance for implementation, monitoring andevaluation of resettlement activities

(d) financing of the investment costs of resettlement.

The Bank does not disburse against cash compensation and other resettlementassistance paid in cash, or against the cost of land (including compensation for landacquisition). However, it may finance the cost of land improvement associated withresettlement activities.

L. A DESCRIPTION OF MECHANISMS FOR CONSULTATIONS WITH, ANDPARTICIPATION OF, DISPLACED PERSONS IN PLANNING,IMPLEMENTATION, AND MONITORING.

Public consultation and participation are essential because they afford potentialdisplaced persons the opportunity to contribute to both the design and implementation ofthe project activities. The socio-economic situation prevailing in Sierra Leone asdiscussed earlier, makes public consultation with the communities, indispensable.Furthermore, it is the local communities who are to claim ownership of this project for itto be successful and their wealth of knowledge of local conditions are invaluable assetsto the project. In recognition of this, particular attention would be paid to publicconsultation with potentially affected individuals/households when resettlement concernsare involved.

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Public consultation will take place at the inception of the project at the level of andassisted by local NGO's, leaders, elders and service providers. The participationstrategy would evolve around the provision of a full opportunity for involvement. Thisprocess would not be an isolated one because of the very nature of the project, whichthrough its implementation and design ensures continuous public participation andinvolvement at the local level. Therefore, as a matter of strategy, public consultationwould be an on-going activity taking place through out the entire project cycle. Forexample, public consultation would also occur during the preparation of the; (i) the socio-economic study, (ii) the resettlement plan and (ii) the environmental impact assessmentand (iv) during the drafting and reading of the compensation contract.

Public participation and consultation would take place through meetings, radioprogrammes, request for written proposals/comments, filling in of questionnaires/forms,public readings and explanations of project ideas and requirements, making publicdocuments available at the district, chiefdom, section, town and village levels at suitablelocations like the official residences/offices of local chiefs/elders. These measures wouldtake into account the low literacy levels prevalent in these communities by allowingenough time for responses and feedback.

Notwithstanding, the best guarantor for public interest is the chiefs who are responsiblemembers of their local communities and can inadvertently be part of the potentiallydisplaced individuals/households either in part or in whole.

Monitoring of this process would be through the village chief as part of the individualresettlement plans and overall the monitoring and evaluation mechanism of the entireproject.

This requirement is line with the Bank policy on disclosure.

M. ARRANGEMENTS FOR MONITORING BY THE IMPLEMENTATIONAGENCY AND, IF REQUIRED, BY INDEPENDENT MONITORS.

The arrangements for monitoring would fit the overall monitoring plan of the entireIRCBP project which would be through the Governance Reform Secretariat (GRS) in theMinistry of Presidential Affairs.

The IRCBP project will institute an administrative reporting system that:

(a) alerts project authorities to the necessity for land acquisition in a projectsponsor's technical requirements,

(b) provides timely information about the valuation and negotiation process,(c) reports any grievances that require resolution, and(d) documents timely completion of project resettlement obligations ( i.e. payment of

the agreed-upon sums, construction of new structures, etc.) for all permanentand temporary loses, as well as unanticipated, additional construction damage.

Consistent with the Environmental and Social Management Framework, the LocalGovernments and National Environment Protection Board (NEPB) would beresponsible for periodically transferring the information compiled "on the ground" to theGRS, so that it is alerted in a timely manner to any difficulties arising at the local level.

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The objective will be to make a final evaluation in order to determine;

(i) if affected people have been paid in full and before implementation of theproject activities,

(ii) if the people who were affected by the project have been affected in such away that they are now living a higher standard than before, living at the samestandard as before, or are they are actually poorer than before. If the lattercase occurs, then further remedial actions will need to be taken.

A number of indicators would be used in order to determine the status of affected people(land being used compared to before, standard of house compared to before, level ofparticipation in project activities compared to before, how many kids in school comparedto before, health standards, etc). Therefore, the resettlement and compensation planswill set three major socio-economic goals by which to evaluate its success:

* Affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and

* The local communities remain supportive of the project.

* The absence or prevalence of conflicts

In order to access whether these goals are met, the resettlement and compensationplans will indicate parameters to be monitored, institute monitoring milestones andprovide resources necessary to carry out the monitoring activities.

The following parameters and verifiable indicators will be used to measure theresettlement plans performance;

* Questionnaire data will be entered into a database for comparative analysis atthe DO/local government levels,

* Each individual will have a compensation dossier recording his or her initialsituation, all subsequent project use of assets/improvements, and compensationagreed upon and received.

* The project and local governments will maintain a complete database on everyindividual impacted by the project land use requirements includingrelocation/resettlement, land impacts or damages

* Percentage of individuals selecting cash or a combination of cash and in-kindcompensation,

* Proposed use of payments* The number of contention cases out of the total cases* The number of grievances and time and quality of resolution* Ability of individuals and families to re-establish their pre-displacement activities,

land and crops or other alternative incomes* Pastoral and Agricultural productivity of new lands* Number of impacted locals employed by the contracted local government civil

works contractors* Seasonal or inter annual fluctuation on key foodstuffs* General relations between the project and the local communities

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The following indicators will be used to monitor and evaluate the implementation ofresettlement and compensation plans;

VERIFIABLE INDICATORSMonitoring Evaluation

Outstanding compensation or resettlement Outstanding individual compensation orcontracts not completed before next resettlement contracts.agricultural season.

. . . ~~~~~Outstanding community compensationCommunities unable to set village-level Ontacts.compensation after two years. contracts.

Grievances recognized as legitimate out of All legitimate grievances rectifiedall complaints lodged.Pre- project production and income ( year Affected individuals and/or householdsbefore land used) versus presentpefroducn land incomversus ofresettes off- compensated or resettled in first year who

productin ahave maintained their previous standard offarm-income trainees, and users of living at final evaluation.improved agricultural techniques.

Equal or improved production per affectedPre- project production versus present hueodproduction ( crop for crop, land for land). household.

Pre- project income of vulnerable Higher post-project income of vulnerableindividuals identified versus present individuals.income of vulnerable groups.

Financial records will be maintained by the Local Governments, the NEPB and the GRSto permit calculation of the final cost of resettlement per individual or household. Eachindividual receiving compensation will have a dossier containing;

* Individual biological information,* Number of people s/he claims as household dependents* Amount of land available to the individual or household when the dossier is

opened.

Additional information will be acquired for individuals eligible for resettlement and /orcompensation:

* Level of income and of production* Inventory of material assets and improvements in land, and* Debts.

Each time land is used by the project, the dossier will be updated to determine if theindividual or household is being affected to the point of economic non-viability andeligibility for compensation/resettlement or its alternatives. These dossiers will providethe foundation for monitoring and evaluation, as well as documentation of compensationagreed to, received, and signed for.

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It is normal that some compensation procedures and rates may require revision at sometime during the project cycle. The NEPB and DO/Local Governments will implementchanges through the Change Management Process in the Monitoring and Evaluationmanuals of the project ( i.e the PIM or Project Implementation Manual), which willrequire feed back from:

* Indicators monitored by the DO's/Local Government's to determine whethergoals are being met, and

* a grievance procedure for the local community/PAPs to express dissatisfactionabout implementation of compensation and resettlement.

This framework is suggesting that the Department of Environment (DE)/ NationalEnvironment Protection Board (NEPB), in Sierra Leone is structured into the whole M&Ecomponent of the project. This would take the form of giving the DE and/or the NEPB themandate to carry out independent monitoring of the implementation of the resettlementplans at periodic intervals of quarterly or half yearly (as circumstances dictate) duringthe project life from date of date of project effectiveness. Their report would then be sentto the GRS at the Ministry for Presidential Affairs and become part of the officialdocuments of the project .

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