REHABILITATION OF EXPRESSWAY NO.1
SECTION R7 AND R8 CONTRACT TCP.CON.QCBS.R7 AND R8
LOAN NO. 8322-IQ
AN UPDATED RESETTLEMENT ACTION PLAN FOR
ENCROACHMENTS ON
R7 & R8
APRIL 1, 2019
Snoubra – Mme Curie St. - Mroueh Center - POB.14530 - 11052030 Beirut - Lebanon Tel: (9611) 353458 - Fax: (9611) 353459
E-mail: [email protected] Website: www. team-international.com
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 2
TABLE OF CONTENTS
List of Abbreviations ............................................................................................................... 4
Glossary of Terms ................................................................................................................... 5 1. Introduction................................................................................................................... 6 2. DESCRIPTION ...........................................................................................................................6 3. rationale for RAP UPDATE .......................................................................................................7 4. Legal Framework ........................................................................................................................7 4.1 Eligibility ..................................................................................................................................8
5. Socio-Economic Profile of Project Affected People ..................................................................8 6. Summary of Entities Encroaching on the Row of R7 and R8 ...............................................10 7. Encroachments on the ROW of section R7 .............................................................................11 7.1 Unlicensed Entities ...................................................................................................................11
8. Encroachments on the ROW of section R8 .............................................................................12 8.1 Unlicensed Entities ...................................................................................................................12
9. Installing the fence and Guard Rail .........................................................................................13 10. Licensed Entities on The Row of Sections R7 &R8 ................................................................14 10.1 Gas Stations and Rest Areas ...................................................................................................14
10.2 Checkpoints ...............................................................................................................................14
11. Comparison of results of 2013 Baseline census with 2016 Survey ........................................15 11.1 Small Businesses ......................................................................................................................15
11.2 Licensed Gas stations ...............................................................................................................16
12. Prepartion of the Resttlement Action Plan .............................................................................16 12.1 Introduction ...............................................................................................................................16
12.2 Public Consultation Meetings .................................................................................................18
12.3 Safwan-Basra Public Consultations (R8) ..............................................................................18
12.4 Dhi Qar Public Consultations (R7) ........................................................................................27
13. Financial Compensation ...........................................................................................................29 14. Resettlement Areas and remedial measures ...........................................................................30 14.1 Budget ........................................................................................................................................33
15. Grievance Redress Mechanism ................................................................................................35 15.1 Procedural Steps According to 2013 RAP ............................................................................35
15.2 Resettlement Committees ........................................................................................................35
16. Institutional ARRANGEMENTS AND RESPONSIBILITIES ............................................36 17. IMPLEMENTATION SECHEDULE .....................................................................................37 18. Monitoring and Evalution ........................................................................................................38 19. Resettlement Audit ....................................................................................................................39 20. Annexes ....................................................................................................................................40 Annex 1: Google map for distribution of encroaching entities on R7 & R8 .................................... 40
Annex 2: List of Entities Encroaching on Section R7 with Choices of CompensationError! Bookmark not defined.
Annex 3: List of Entities Encroaching on Section R8 with Choices of CompensationError! Bookmark not defined.
Annex 4: Worship Places Encroaching on the ROW of R7&R8 .......... Error! Bookmark not defined.
Annex 5: Basra Public Consultation Attendance Sheets (R8) Jan 2018 Error! Bookmark not defined.
Annex 6: Basra Public Consultation Attendance Sheets (R8) Dec 2018 Error! Bookmark not defined.
Annex 7: Basra Interviews with Vendors Sheets (R8) February 27, 2019Error! Bookmark not defined.
Annex 8: Basra Interviews with Vendors Sheets (R8) March 4, 2019 .. Error! Bookmark not defined.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 3
Annex 9: Basra Interviews with Vendors (R8) March 13, 2019 ........... Error! Bookmark not defined.
Annex 10: Basra Interviews with Vendors Sheets (R8) March 20, 2019Error! Bookmark not defined.
Annex 11: Dhi Qar Public Consultation Attendance Sheets (R7) Jan 2018Error! Bookmark not defined.
Annex 12: Dhi Qar Public Consultation Attendance Sheets (R7) Dec 2018Error! Bookmark not defined.
Annex 13: Administrative Order to Form Dhi Qar Resettlement Committee (R7)Error! Bookmark not defined.
Annex 14: Administrative Order to Form Basra Resettlement Committees (R8)Error! Bookmark not defined.
Annex 15: Request from the MOCH to Redefine Limits of section R7 Error! Bookmark not defined.
Annex 16: PAPs Sample Commitment Forms for Evacuation of Shops Error! Bookmark not defined.
Annex 17: PAPs Sample Commitment Forms for Accepting Money CompensationError! Bookmark not defined.
Annex 18 Correspondence with GOI for Addition of Shops ............... Error! Bookmark not defined.
Annex 19: Typical Shop Safe Access – R8 ................................................................................. 41
Figure 1: Map showing the path of Expressway No.1 southern part .......................................... 7 Figure 2: Typical interchange for Expressway and service road connection ............................. 14 Figure 3: The consultation meeting with PAPs in Basra (R8)- January 2018 ............................ 19 Figure 4: The consultation meeting with PAPs in Basra (R8)- Dec 2018 ................................... 20 Figure 5: Basra Interview with Vendors Section (R8) February 27, 2019 ................................. 21 Figure 6:Basra Interview with Vendors Section (R8) March 13, 2019 ...................................... 23 Figure 7: Shop Owner Requesting Compensation ................................................................... 25 Figure 8:Example of mitigation measures............................................................................... 27 Figure 9:: The public consultation meeting with PAPs in Dhi Qar (R7)-Jan 31,2018 ................ 28 Figure 10:The public consultation meeting with PAPs in Dhi Qar (R7)- Dec 2018 .................... 29
Table 1: Monthly Income of Small Business Owners by Activity ............................................... 9 Table 2: Distribution of Entities Encroaching on the ROW of R7 & R8 ................................... 10 Table 3: Operational Status of Entities on the ROW of R7 ...................................................... 11 Table 4: Economic Activities of shops encroaching on the ROW of R7 .................................... 11 Table 5: Operational Status of Entities on the ROW of R8 ...................................................... 12 Table 6: Economic Activities of Shops encroaching on the ROW of R8 .................................... 12 Table 7: Houses constructed on the ROW of R8 ..................................................................... 13 Table 8: Comparison of Small businesses owners on R7 with the 2013 Census ......................... 15 Table 10 : Resettlement Areas Construction Budget ............................................................... 34 Table 11: Institutional Responsibilities for the Implementation of RAP ................................... 36 Table 12: Implementation Schedule of Social Safeguards Activities for PAPs .......................... 38
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 4
List of Abbreviations
GOI Government of Iraq
GRM Grievance Redress Mechanism
MOCH Ministry of Construction and Housing
PAPs Project Affected Persons
PMT Project Management Team
RAP Resettlement Action Plan
RC Resettlement Committee
ROW Right Of Way
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 5
GLOSSARY OF TERMS
Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected
by a project at the time the asset needs to be replaced.
Cut – off date: The date the enumeration begins. Persons occupying the project area after the cut-
off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets
(such as built structures, crops and trees) established after the date of completion of the assets
inventory or an alternative mutually agreed date will not be compensated
Displaced persons: Persons who are affected by the involuntary taking or clearing of land or
resulting in:
i. Relocation or loss of shelter
ii. Loss of assets or access to assets; or
iii. Loss of income sources or means of livelihood whether or not the affected persons
must move to another location.
Involuntary resettlement: Resettlement is involuntary when it occurs without the informed
consent of the displaced persons or if they give their consent without having the power to refuse
resettlement.
Project-affected person (PAPs): Any person who, as a result of the implementation of a project,
loses the right to own, use, or otherwise benefit from a built structure, land (residential,
agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset,
either in full or in part, permanently or temporarily.
Resettlement Action Plan (RAP): The document in which a project sponsor or other responsible
entity specifies the procedures that it will follow and the actions that it will take to mitigate
adverse effects, compensate losses, and provide development benefits to persons and communities
affected by an investment project.
Resettlement assistance: Support provided to people who are physically displaced by a project.
Assistance may include transportation, food, shelter, and social services that are provided to
affected people during their relocation. Assistance may also include cash allowances that
compensate affected people for the inconvenience associated with resettlement and defray the
expenses of a transition to a new locale, such as moving expenses and lost work days.
Stakeholders: Any and all individuals groups organizations and institutions interested in and
potentially affected by a project or having the ability to influence a project.
Vulnerable groups: People who by virtue of gender, ethnicity, age, physical or mental disability,
economic disadvantage, or social status may be more adversely affected by resettlement than
others and who may be limited in their ability to claim or take advantage of resettlement
assistance and related development benefits.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 6
1. INTRODUCTION
The World Bank has formed a loan financing agreement with the government of Iraq for
the rehabilitation of Iraq Transport Corridor Project Expressway No.1 sections (R7&R8).
Due to years of neglect and lack of proper maintenance, the Expressway suffers from
serious damages, and it also witnesses high rates of accidents due to high speed of cars.
This report summarizes the updated Resettlement Action Plan and impact of
rehabilitation activities of Expressway No. 1 on project affected people (PAPs) in
sections R7 and R8 (Al Batha, Um Unaij, Rumaila and Safwan). Relocation of
unlicensed small businesses encroaching on the –right -of-way (ROW) of the
Expressway will occur after resettlement areas are constructed to minimize livelihood
losses, and in accordance to the Resettlement Action Plan.
This Resettlement Action Plan aims to:
• Identify Project Affected People and the impact of the project on their livelihoods;
• define compensation entitlements (financial or alternative shops);
• develop an institutional framework that ensures compensation for PAPs;
• define an appropriate mechanism for the implementation of the resettlement process;
• define a monitoring mechanism to ensure the appropriate implementation of RAP.
On December 9, 2016, experts from Team International with support from the Ministry
of Construction and Housing, and Municipalities and Public works conducted a survey
of encroachment sites on section R7 and R8. Several field visits were carried out by the
Social expert from Team International to assess the socio-economic situation of owners
of small businesses, and to ensure that the updated RAP takes into consideration
possibilities of improvement of their standards of living. The survey found a total of 84
unlicensed encroaching entities1 on both sections R7 and R8. In addition to the survey,
individual interviews with shop owners and public consultations, meetings were also
held with respective mayors, relevant local authorities and government administration in
the area. All findings of the fieldwork are described in details in sections below.
2. DESCRIPTION
Section R7 of the expressway extends from Nasiriyah to Rumaila which is 145 km long,
and section R8, extends from Rumaila to Safwan 80 km long, with the addition of the
Rumaila-Basra road which is 32 km long to a total of 112 km. The total length of R7 and
R8 is 257 km long with three lanes in both directions separated by a 10m width island.
The width of the expressway is 15.5 meters in each direction, including 3 traffic lanes
and 2 standing lanes. It is mostly used by freight trucks, citizens and tourists because it is
a vital international road. The rehabilitation activities include maintenance of the road
and its structure, repair of damaged parts, installation of new barriers, installation of
fences on both sides of the expressway and installation of road furniture and signage to
ensure public safety.
1 The survey conducted in 2016 identified 134 entities/encroachers. However, due to the government’s decision to shift the
starting point of R7 by around 2 km, the number of encroaching entities has dropped to 84.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 7
Figure 1: Map showing the path of Expressway No.1 southern part
3. RATIONALE FOR RAP UPDATE
The 2013 RAP counted only 27 entities encroached on the ROW2 or within the inner
margins of the corridor (23 on R7 and 4 on R8). Since then, considerable increase of
encroachers on the right-of-way took place due to neglect and lack of law enforcement.
Therefore, the PMT was requested by the Bank to update the RAP for several reasons:
a. the old RAP was prepared and cleared by the Bank in Nov 2013 and the current status
has been significantly changed;
b. the original RAP included 8 segments (R4-R6 and R9-R13) which are not financed by
the Bank and neither are considered as associated facilities;
c. there is no clear timeline for the implementation of these 8 segments; and
d. the project development objectives will not be affected without implementation of
these segments. Thus, these 8 segments are no longer linked activities to the project.
4. LEGAL FRAMEWORK
A gap exists between GOI laws specifically Acquisition of Land Law No.12 of 1981 and
regulations and the Bank’s OP 4.12 in that national laws permit, in the interest of project
implementation, removal of individuals and entities deemed as encroaching on State land
without mitigation or compensation. National laws also do not require consideration of
alternatives to displacement of PAPs located on State land. Given the gap between GOI
laws and regulations and OP 4.12, the GOI has agreed that the Bank’s OP 4.12 will
2 ROW is 100m from the centerline of the corridor as defined by the National law of Iraq
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 8
supersede national laws where there are evident gaps. Thus, the full principles of OP
4.12 will apply to all project activities and guide the preparation of this updated RAP.
The Government of Iraq has agreed and committed itself to applying the World Bank
Safeguards Policies and the requirements of the Involuntary Resettlement Policy OP4.12
which are:
- To avoid involuntary resettlement where feasible, or minimize it, exploring all viable
alternative project designs.
- To consult affected persons meaningfully and provide opportunities to participate in
planning and implementing resettlement programs.
- To assist displaced persons in their efforts to improve their livelihoods and standards of
living, or at least to restore them to pre-project levels irrespective of the legality of their
land tenure.
Social Safeguards Policies are designed to prevent and mitigate undue harm to people
directly or indirectly affected by project activities and enhance their livelihoods where
possible.
Other reference documents this report relied on:
- Resettlement Action Plan, Rehabilitation of Expressway No.1, Republic of Iraq,
Ministry of Construction and Housing, 2013.
- Environmental and social Impact Assessment Study, Rehabilitation of Expressway
No.1, Republic of Iraq, Ministry of construction and housing, 2013.
This project will follow the Bank’s disclosure guideline consistent with its safeguards
operational policies to include proper in-country disclosure of documents in a form and
manner appropriate to, and accessible to the local population. The intent is to make
safeguards documents available to all project stakeholders in their local languages, but
especially directly impacted populations. The RAP instrument will be cleared by the
Bank and will be disclosed and be made available widely for public access and
commentary.
4.1 Eligibility
Under this project, Project Affected People (PAPs) are all the small business owners
who were counted on the ROW of sections R7 and R8 of Expressway No.1 during the
Survey of Dec 2016, and the announced cut-off dates as of Dec 22 for R7, and Dec 24,
2016 for R8, they are entitled to either financial compensation or alternative shops in
new resettlement areas. The cut off dates are the dates when the survey ended in each
section and PMT addressed letters to the local authorities announcing the cutoff dates.
5. SOCIO-ECONOMIC PROFILE OF PROJECT AFFECTED PEOPLE
Small businesses encroaching on the ROW are mainly owned and run by families and
only a few of them employ workers. All owners of these businesses are men, and due to
socio-cultural factors, female family members do not partake in any of the activities and
services offered at these businesses. The total number of owners of small businesses is
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 9
72 individuals; some of them own 2 or 3 shops constructed next to each other while a
few others are in partnership in one business.
Around 44% of these individuals are of low income; their average monthly income does
not exceed 300 USD which is only slightly higher than the minimum wage for unskilled
labor estimated at 210 USD3. Moreover, around 40% reported they were illiterate, and
the rest have only completed a few years of formal education. This is a significant
percentage given that the majority of owners of small businesses are less than 39 years
old.
All of the above-mentioned factors contribute to the vulnerability of this group. Their
livelihood clearly depends on these small businesses and they have limited chances of
finding employment in other sectors. To mitigate for the impact of resettlement on those
vulnerable groups, as well as the wider groups of PAPs, choice between the construction
of a resettlement area and a financial compensation were offered to each of the shop
owners as mitigation measures to choose from. Each owner specified his choice of
compensation during consultation meetings or later in individual interviews (see section
12 for detailed results). The offered resettlement alternative will support the PAPs to
resume their same economic activities either in the resettlement area, or for those who
chose financial compensation, in new areas they choose to relocate to away from the
Expressway. Those measures will allow both the vulnerable groups and other PAPs to
restore their livelihood.
Table 1 below, shows the average monthly income for owners of small business
according to economic activity.
Table 1: Monthly Income of Small Business Owners by Activity
Economic activity Average monthly income $
Food shop 300
Tire repair 750
Car Spare parts 700
Car oil 500
Car maintenance 600
Coffee shop 300
Water treatment station 1000
Desalinated water sale 400
Restaurant 500
Barber shop 300
3 Ministry of Labor and Social Affairs, 2015.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 10
6. SUMMARY OF ENTITIES ENCROACHING ON THE ROW OF R7 AND R8
According to findings of the survey of Dec 2016, a total of 84 unlicensed entities exist
on the ROW of sections R7 and R8 of Expressway No. 1. On section R7 (from Nassrieh
to Rumaila) 32 entities were found to be encroaching on the right-of-way, while 52 were
counted on section R8 (from Rumaila to Safwan and from Rumaila to Basra). Some of
these entities are small shops, restaurants, water treatment stations; some are worship
sites with a few abandoned or destroyed units.
On December 8, 2018, another survey was performed specifically for shops that were
previously identified in 2016 survey as either closed or abandoned in both sections R7
and R8 to confirm their current status.
On R7, 2 shops out of 5 previously identified as closed (surveyed 2016) were found to be
still closed, while the remaining 3 have been abandoned and found demolished with no
one to claim for them; debris were removed to install fence. Additionally, 1 shop out of 4
previously identified as abandoned still exists while the other 3 shops have been
removed. This brings the total number of abandoned/removed shops to 7 and closed
shops to 2. The total number of shop owners to be considered for relocation and/or
compensation is 25 vendors4, 23 operating and 2 closed, while the 7 abandoned shops
are omitted.
On R8, out of 52 owners of small businesses surveyed on Dec 2016, 42 shops were
found operating while 5 were closed, and 5 abandoned. The total number of shop owners
to be considered for relocation/compensation from R8 is 47 vendors including the closed
shops.
Thus, the final count of PAPs encroaching on section R7 and R8 is 72 (25+47) shop
owners. Table (2) below provides detailed numbers of encroaching entities on both
sections.
Table 2: Distribution of Entities Encroaching on the ROW of R7 & R8
Section
# Area Length (km)
*Number
of Entities
R7
Moved to Um Unaij from Batha 2
Um Unaij 30 km spread along with intervals
of 1 to 3 km 23
R8 Rumaila-Safwan spread in two major sections of 6 km 42
Rumaila – Basra Scattered 5
Total Number of Entities Length of the overall project: 257 km 72
*12 abandoned shops are not included in this table (7 in R7 and 5 in R8)
* 7 Closed shops are included (2 in R7 and 5 in R8)
Note: vendors are distributed along R7 and R8 basically at three areas. Vendors at Um Unaij area are spread along 30 km, it is
unrealistic to give definite numbers although a measurement is estimated, with concentration within 2 km at check point
(station 120+000).
4 The word vendor means here a person offering something for sale, especially a trader in the street
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 11
The majority of entities on R7 and R8 are shops that offer mainly basic car maintenance
services and food supply, with the exception of a small number of water stations which
are relatively larger investments on section R8 (see Annex 1 Google map for distribution
of encroaching entities on R7 and R8).
7. ENCROACHMENTS ON THE ROW OF SECTION R7
7.1 Unlicensed Entities
The Dec 2016 survey counted 32 entities encroaching on the right-of-way of R7 (see
Annex 2 list of entities encroaching on R7). However, the Dec 2018 updated survey
revealed that 7 shops are either abandoned or demolished. This brings the total to 23
shops operating and 2 closed. The Resettlement Area will be constructed to relocate
operating and closed shops based on their request, owners of closed shops will be
contacted during compensation process to check their preference. Table (3) summarizes
the updated status of 25 entities encroaching and their areas on the ROW of R7.
Table 3: Operational Status of Entities on the ROW of R7
Status of Entities Number of Entities Area of Entities
Operating shops 23 1402m2
Closed Shop 2 76 m2m2
Total 25 1,477 m2
Small Businesses
Around 64% of the shops on ROW of R7 sell food supply and the rest are mainly
engaged in offering services to cars traveling the expressway. Some of the shops have
prayer units which are mainly used by shop owners. Table (4) summarizes the various
economic activities and areas of shops encroaching on the ROW of R7.
Table 4: Economic Activities of shops encroaching on the ROW of R7
Type of Activity Number of Units Area of Units
Food shop 16 1038 m2
Tire repair shop 6 117 m2
Restaurant 1 275 m2
Closed shops 2 76m2
Total 25 1478 m2
Worship Sites
There are unlicensed Hussainyas built on the right- of- way of both sections R7 and R8.
These Hussainyas are constructed by private individuals and are mostly visited during
the pilgrimage season. On the ROW of R7, there are 6 Huassainyas, their areas range
between 100m2-300m2 and their distance from the asphalt range between 20 to 100
meters (see Annex 4 for details of area and distance). Since, officials insisted that it was
very difficult to remove worship sites for cultural reasons, a fence will be placed around
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 12
them and pedestrians can access them from the service road while traffic will be
permitted from the express way. However, the construction of any additional worship
sites on the ROW must be completely prohibited.
8. ENCROACHMENTS ON THE ROW OF SECTION R8
8.1 Unlicensed Entities
Small Businesses
A total of 52 entities were found on the right-of-way of R8 during the Dec 2016 survey.
Out of which, 42 were operating, 5 were closed and 5 abandoned entities (see Annex 3
for a complete list). The Dec 2018 survey showed that the 5 abandoned entities are
demolished and therefore will not be counted. Table (5) summarizes the status of 47
entities encroaching and their areas on the ROW of R8.
Table 5: Operational Status of Entities on the ROW of R8
Status of Entities Number of Entities Area of Entities
Operating shops 42 3571.5 m2
Closed shops 5 262m2
Total 47 3,833.5 m2
Around 34% of the shops on ROW of R8 sell food supply, 23% of the shops are water
stations and the rest are mainly engaged in offering services to cars traveling the
expressway. Table (6) summarizes the various economic activities and areas of shops
encroaching on the ROW of R8.
Table 6: Economic Activities of Shops encroaching on the ROW of R8
Type of Activity Number of units Area of Units
Food shop 16 1224.5m2
Car oil 2 128 m2
Tire repair 3 45 m2
Car maintenance 2 172m2
Barber shop 2 151 m2
Water stations 11 1425 m2
Bottled water shop 1 16 m2
Restaurants 3 172m2
Coffee shop 2 238m2
Closed shops 5 262 m2
Total 47 3,833.5 m2
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 13
Houses
Currently, there are 3 houses constructed on the ROW of R8 beyond the fence line, their
areas range between 150 to 400 M2 and they are located around 86 meters away from the
road. Since these houses are relatively far from the Expressway, there is no need to
demolish them as they will be separated from the Expressway by the chain fence. Access
to those houses will only be possible from the service road, which is connected to the
Expressway via the overpasses and interchanges, thus the residents will not be affected
by the fence closure. Table (7) below specifies the location and names of owners of
houses encroaching on R8.
Table 7: Houses constructed on the ROW of R8
Owner Name
Coordinates Area in
M2
Distance from
Curb in M
Description of
Building Easting North
1 47.71737072 30.13601405 150 85.5 Block house with
Iron Roof
2 47.71714701 30.13618103 400 85.5 Brick house with
Iron Roof
3 47.59857189 30.29186401 306 83.5 Brick house with
Iron Roof
Worship Sites
On section R8 there are 8 Hussainyas, 1 out of which was under construction at the time
the census was being conducted (see Annex 4 for a complete list). The areas of these
Hussainyas range between 130m2-650m2 and their distance from the asphalt range
between 15 to 80 meters. As previously explained, it was decided that all worship places
will be kept due to cultural considerations, a fence will be placed around them and
pedestrians can access them from the service road while traffic will be permitted from
the express way. However, the construction of any additional worship sites on the ROW
must be completely prohibited.
9. INSTALLING THE FENCE AND GUARD RAIL
The Express way is a limited access road. The carriage way is protected by a fence
installed 22 meters away from the carriage way at each side of Expressway. Service
roads are located parallel to Expressway and about 100m from each side of the carriage
way and are utilized by the surrounding farms and villages for local traffic (Figure 2).
The service roads connect to the Expressway via the overpasses at exits of Expressway.
The fence prevents pedestrian, animals, vehicles and others to access/cross the
expressway randomly. There are several underpasses crossings along the Expressway for
pedestrians and animals. The entities that are separated from the Expressway by the
fence will have access from the service roads. Worship sites on ROW will only be
accessed from the Expressway. The fence will not be installed before the relocation of
shops/compensation of shop owners is completed.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 14
Figure 2: Typical interchange for Expressway and service road connection
Guard rail at the right edge of the expressway is required where there is an obstruction
(light pole, pier, traffic sign or other road furniture) or where the embankment is more
than 3 meters high. Until the vendors are relocated/compensated, no guardrail will be
installed in front of the shops, thus allowing vendors to continue working without
interruption.
10. LICENSED ENTITIES ON THE ROW OF SECTIONS R7 &R8
10.1 Gas Stations and Rest Areas
There is one licensed gas station with a restaurant on the ROW of section R7.
Additionally, there are two rest areas proposed in section R7 within the ROW. On the
ROW of R8, 4 gas stations were found, 1 of which was under construction. All gas
stations are usually part of rest areas owned by the Road and Bridges Directorate, they
have a designated access from the Expressway and will not be impacted by project
activities.
10.2 Checkpoints
There are several checkpoints on the carriageway of the expressway; the current
rehabilitation activities will include the construction of new checkpoints on the right-of-
way in order to relocate the ones currently on the carriageway. In Um Unaij, on section
R7 there are 2 check points, one on each side of the Expressway, they will be replaced
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 15
by two checkpoints being constructed on ROW of R7. Section R8 has 3 checkpoints, one
at Basra entrance serving both sides of the expressway, and another 2 on the right side of
expressway at Rumaila and Sidra. On R8, two checkpoints are under construction to
relocate the Sidra and Basra ones.
11. COMPARISON OF RESULTS OF 2013 BASELINE CENSUS WITH 2016
SURVEY
11.1 Small Businesses
The 2013 baseline census carried out by Consolidated Consultants and the government
of Iraq identified 27 entities encroaching on sections R7 and R8 (23 on R7 and 4 on R8).
On the ROW of R7, 17 entities were identified as active and 6 with unknown names are
no longer present. On the other hand, on section R8 the 2013 census found only 4
encroaching entities none of which were active. Meanwhile, the 2016 census identified
84 entities illegally encroaching on the right-of-way, 32 on section R7 and 52 on R8. Out
of the original 17 vendors identified in the 2013 census only 1 is still operating on
modified section of R7 (Um Unaij) and 6 vendors are still operating on the eliminated
section of R7 that will not be considered for compensation. Table (8) below shows the
current status of small businesses on R7 compared with the 2013 Census.
Table 8: Comparison of Small businesses owners on R7 with the 2013 Census*
Status according to 2016 survey Name of Owner Governorate #
Abandoned -
Dhi Qar 1
Abandoned - Dhi Qar 2
Abandoned - Dhi Qar 3
Abandoned - Dhi Qar 4
Abandoned - Dhi Qar 5
Abandoned - Dhi Qar 6
Abandoned - Dhi Qar 7
Operating - Dhi Qar 8
Operating - Dhi Qar 9
Abandoned - Dhi Qar 10
Operating - Dhi Qar 11
Abandoned - Dhi Qar 12
Abandoned -
Dhi Qar 13
Operating
Replaced by his brother Rashed Hayyad
- Dhi Qar 14
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Operating - Dhi Qar 15
Operating - Dhi Qar 16
Operating in Um Unaij - Dhi Qar 17
No longer present Unknown names Dhi Qar 18-
23
*The 2013 census did not identify any owners of small businesses encroaching on R8.
It is expected that the number of shops constructed on the ROW would increase over the
years since there is no enforcement of law to prevent this from taking place. However,
around 70% of the owners of these shops claim to have been operating before 2013.
Similarly, the baseline census of 2013 made no mention of houses constructed on the
right-of-way while the current census located 3 houses on section R8, with two of the
families claiming to have been living there since 2004. However, these 3 houses are
beyond the fence line and will not be impacted by project activities because they are
located about 83 meters away from the road.
11.2 Licensed Gas stations
The baseline census of 2013 counted 1 gas station on the ROW of R7 and none on R8.
As mentioned earlier in this report, there are currently 4 gas stations on section R8. Only
one gas station exists on R7, in addition to two stations under construction in rest areas.
12. PREPARTION OF THE RESTTLEMENT ACTION PLAN
12.1 Introduction
Prior to public consultation meetings with the community, the Iraqi government had only
considered the construction of resettlement areas to group the owners of small business
encroaching on the right-of-way of sections R7 and R8 as a social mitigation measure. However, this has changed after the first consultation meetings and more remedial options were
made available to PAPs. Several consultation meetings were held to discuss various options
described in details in sections below, the options discussed in each meeting are summarized as
follow:
Round 1- Jan 2018
During this round of consultation, two alternatives were proposed;
a- Relocation to a new Resettlement area
b- Relocation to an existing parking area
Round 2 – December 2018
In this round of consultation, the option of cash compensation was introduced in addition
to relocation.
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Round 3 – Feb/Mar 2019
During this round of consultation, two options were discussed:
a- Provision of safe access to businesses in their current location
b- Provision of other resettlement assistance (including cash) that can restore PAPs
livelihoods and incomes to pre-displacement levels.
Round 4 –Mar 20, 2019
The individual consultations were repeated in R8 section of Expressway to reconfirm the
preferred options of PAPs presenting the three options for compensation; money,
relocation and safe entry/exit in the presence of IDRC, third party monitoring
representatives.
It is to be noted that due to changes in the maintenance strategy, the implementation of
project works in section R8 will be divided into two phases. The first phase will cover
R8A only, while works in R8B, beyond Station 52+000, will be executed at a later stage
(tendered under the TCP project). Hence, the implementation of remedial measures in
section R8 will also take place in two stages. As such, the first phase will address the 15
PAPs located in R8A, while the second phase will deal with the 32 shops in R8B since
vendors are not affected by current works. Nonetheless, all PAPs located in section R8
participated in consultations and specified their preferred remedial options.
In conclusion and based on the 4 rounds of consultations, financial compensation is no
longer demanded by shop owners, for the exception of one shop owner (number 19 in
Annex 3) who is no longer considered as a PAP since he abandoned his shop and is
currently working on a truck he owns to make a living as goods distributer.
1- For R7, 25 vendors selected the resettlement area that will be built under the project
in R7 contract which is located about 2 KM away from the vendors’ current
residences, which is a similar distance in average to their current shops. Their choice
of relocation rather than financial compensation is because relocation will ensure
them continuous business particularly the chosen location is exposed to traffic on
expressway as clients with proper entrance and exit to the resettlement area. Taking
into consideration that most shops in R7 are within a stretch of 1km of the
expressway, therefore almost no change in distance or travel time between the
vendors’ residences and work in both cases of their current shops locations or R7
resettlement area.
2- For R8, 41 vendors are considered as PAP after dropping one vendor (number 19 in
Annex 3) who demanded cash compensation, but he is no longer considered as a
PAP since he abandoned his shop and is currently working as good distributer on a
truck.
PAP’s selections are as follow:
R8 Sta 0+000 to Sta 52+000 (Altcom Contract) a total of 13 shops
-7 shops remain in location with safe access.
-2 shops at Basra Exit to be relocated to Parking area at station 40+000
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-1 shop to set back in the same location
-1shop to be relocated behind the fence with access to service road.
-1shop to be relocated to resettlement area in R7.
-1shop to be relocated 100 away from rest area wityh safe access.
R8 beyond Sta 52+000 (New Contract) a total of 28 shops:
-28 will be subject to safe access modifications and required setbacks.
Since the choice made by each shop owner was according to their personal preferences and
what they deemed best for their businesses, differences in implemented compensation options
between R7 and R8 are not expected to create social conflict among PAPs.
The paragraphs below detail the results of each public consultation and interviews that
followed.
12.2 Public Consultation Meetings
The final Resettlement Action Plan and selection of resettlement areas are the result of a
series of formal meetings and public consultations, as well as ad-hoc interviews with
people affected by project activities.
Apart from several meetings with officials at the governorate level and with
representatives of clans, starting January 2018, four major public consultation meetings
were held with PAPs and members of surrounding communities. In Basra governorate 2
public consultations were held, and another 2 in Dhi Qar governorate. The Resettlement
Committees with all their members were introduced to the people during those meetings,
and the following was explained:
description and overview of the project with all its phases;
the Resettlement Action Plan;
eligibility criteria for relocation;
functions of the Resettlement Committee and the grievance redress mechanism; and
all concerns of the people were answered.
Further interviews with PAPs in R8 were conducted in February and March 2019 aiming
to propose to shop owners the possibility to remain in their current locations where
possible, while relocating shops that are built within few meters from the carriageway
edge.
12.3 Safwan-Basra Public Consultations (R8)
i) January 16 ,2018 Meeting On January 16, 2018 a public consultation meeting was held at Safwan Directorate Public
Hall with PAPs and representatives of the community surrounding the expressway from
Basra governorate (see Annex 5 for the list of attendees). The following issues were raised
and amendments to the resettlement plan were made accordingly:
Proposed resettlement area located at station 60+000 was rejected by PAPs as they
stated it was difficult to reach, and located far from their homes. An alternative was
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suggested and initially accepted by PAPs; shops being distributed along 7 parking areas
on both the left and right side of section R8.
Names of all beneficiaries of the resettlement action plan were read out to verify the
names small business owners identified during the survey.
The owners of some shops that were closed during the survey were identified.
All participants agreed with the principle of relocation and the cut-off date effective
Dec 24, 2016 for the identification of adversely affected people.
Figure 3: The consultation meeting with PAPs in Basra (R8)- January 2018
ii) December 6, 2018 Meeting
On December 6, 2018 a second public consultation meeting was held in Safwan at the Guest
Hall to inform PAPs about the availability of financial compensation in addition to the option
of relocation to a resettlement area. The meeting was attended by 31 owners of small
businesses, while a total of 11 shop owners who were absent were individually visited
following the meeting. The details of PAPs selected options of compensation are in Annex 6.
2 shop owners chose to relocate to Um Unaij resettlement area in R7
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16 shop owners agreed on the proposed financial compensation (6,000 USD)
Although the Survey of Dec 2016 only identified 11 small businesses owners who had
water treatment stations, as shown in Annex 6, during the meeting an additional 13 shop
owners of the existing PAPs claimed they had water treatment as well. Moreover, with
the exception of 1 shops, all owners of water treatment shops considered the financial
compensation not to be enough, stating that they were willing to relocate the treatment
equipment (filters and reverse osmosis R/O units) beyond the fence location on their own
expense provided that they were allowed to maintain the current direct access to the
expressway. They explained that their clients were basically local tankers transporting
treated water to the surrounding neighborhood, in addition to the usage of water for
agricultural purposes (the latter activity is not affected by the project).
For safety considerations, direct access from the expressway for the tankers is not
possible and cannot be granted since direct access will increase the rate of accidents and
fatalities.
The Committee repeatedly clarified that the amount specified for financial compensation
was the same for all and would not increase.
The meeting was also attended by 11 new shop owners. It was clarified to them that they
are not eligible for compensation and they accepted the eligibility criteria (cut-off date as
of December 24, 2016).
Figure 4: The consultation meeting with PAPs in Basra (R8)- Dec 2018
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iii) February 27 and March 3 and 13 2019 Interviews
The scope of work on R8A/R8B has been modified by RBD as discussed during the World
Bank mission in May 2018. The modification is to stop maintenance on R8B beyond Station
52+000 and increase the level of maintenance on R8A under the current contract with Altcom.
Reconstruction of the section beyond Station 52+000 (R8B remaining works) is proposed
under another contract to be tendered under TCP due to budget limitation of the current
project.
On February 27, 2019 additional interviews were conducted with vendors on R8B (See Annex
7 for list of interviewed PAPs) within the current work area of Altcom. On the 4th of March
2019, interviews were repeated after studying the topography for the relocation of 4 shops
(Annex 8 for list of PAPs). The interviews were carried out for the following reasons:
Scope of work on R8A/R8B has been modified as mentioned above.
Owners of small businesses, particularly owners of water treatment stations, requested an
increase in the amount of financial compensation. The budget for such compensation is beyond
the assigned budget for relocation or compensation; taking into consideration that those
vendors did not exist in 2013 and were not considered for compensation or relocation.
During the earlier consultation sessions, the vendors requested to stay at their locations
maintaining access to their shop from the Expressway
Discussions between concerned staff in PMT and Consultant.
Figure 5: Basra Interview with Vendors Section (R8) February 27, 2019
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The interviews aimed to propose to the owners of small businesses the following options:
1- Provision of safe access to businesses in their current location including setback
of shops that are built within few meters from the edge of carriageway, to allow
for a safe setback from the edge of pavement by constructing new shops in the
same locations approximately 15m away from the edge of pavement and the
implementation of safe entrance/exit.
2- Provision of other resettlement assistance (including cash) that can restore PAPs
livelihoods and incomes to pre-displacement levels.
Eleven shop owners will have safe access added as an options and were interviewed.
The options of access chosen by the shops on R8B between 0+000 and 52+000 station
in addition to R8A/B are as follows:
Seven shops (7) including 5 shops that operate as water treatment stations, in addition
to 2 shops that rejected the amount of compensation.
There will be access for each shop. The tire shop at station 47+400 to utilize the
access of water treatment shop located at station 47+450. No relocation will take
place
Two shops 2 at stations 31+100 built within 2 meters from the carriageway edge
preferred to maintain their work in close proximity to their current location in an
existing parking area about 6 km of their shops at Station 40+000 R8B instead of
providing a safe setback and safe entrance/exit or cash compensation. The vendors
preferred option will allow them to resume their activity near their residences.
One shop (1) at station 31+575 built within 2 meters from the carriageway edge will
remain at same location but away from the carriageway to provide a safe setback.
A Shop (1) at station 14+000 on R8A requested to be relocated to behind the fence
and away from Expressway. Access is available from exist/service road.
Noting that:
Two Shops (2) on R8A were visited frequently and found closed, the shops with their
current status indicate not to be operating for a long time and considered abandoned.
Two shops (2) to be relocated to R7 resettlement area.
On March 13, 2019 interviews were conducted for the purpose of presenting the below options
to shop owners located in section of R8B beyond Station 52+000. Team social expert and team
leader conducted the interviews with the presence of independent 3rd party observer (IDRC)
(Annex 9). The following options were presented to PAPs:
1- Provision of safe access to businesses in their current location including setback of shops
that are built within few meters from the edge of carriageway, to allow for a safe setback
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from the edge of pavement by constructing new shops in the same locations approximately
15m away from the edge of pavement and the implementation of safe entrance/exit.
2- Provision of other resettlement assistance (including cash) that can restore PAPs
livelihoods and incomes to pre-displacement levels.
All available options of compensation were presented to shop owners. The vendors preferred
to remain in place with safe entrance/exit since their residences are in the areas behind their
shops, and remaining in current locations will keep their businesses unaffected. The vendors
committed to adhering to the safety of the entrances and limit their works within the shop
yard without using the Expressway as extension of their work. Five shops require set back as
they are close to the Expressway.
The number of interviewed vendors was 28 vendors. Three shops were closed and could not
be reached, it seems they are not operating. Additional fourth shop, whose owner attended
previous consultations, was deserted (the vendor was contacted by phone on the second day
and chose the option of safe entry/exit with setback of shop).
The engineering survey suggests that the shops are grouped in 13 groups. Shops in each group
are accessed by a safe entry/exit access.
Of the 13 groups, two groups will continue to utilize accesses of parking areas that they are
currently use: some works will is required to allow safe exit only.
Four shops (4) built within few meters from the carriageway edge will remain at same
location but away from the carriageway to provide a safe setback.
Figure 6:Basra Interview with Vendors Section (R8) March 13, 2019
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iv) March 20, 2019 Interviews
For the purpose of completing RAP on R8 and consideration of final choices of shop owners,
PMT instructed the Consultant, Team International, to conduct individual consultations with
vendors on March 20, 2019. The individual consultations were repeated in R8 section of
Expressway to reconfirm the preferred options of PAPs after presenting the three options of
compensation; money, relocation and safe entry/exit. The individual consultations are
performed to allow site investigation and reduce the time of preparation that a public
consultation requires. (Annex 10)
It is to be noted that on R8 section, a total of 52 shops are present, out of which 5 previously
abandoned (unoccupied, partially vandalized and non-operating) and 5 non-operating, empty-
closed shops.
The individual consultations were conducted in R8 shops by Team International Team leader
and the Social Expert with the presence of a third-party monitor.
The compensation options that are printed on the signature sheets were read out and explained
to the vendors in Arabic for them to be aware of the resettlement options and the
formalization options that govern their occupation of the shops on the Expressway ROW in
cases of relocation or maintaining current location.
The options were as follows:
1- Financial Compensation of 6000 USD
2- Relocate to resettlement area or parking areas
3- Stay in current location with engineered Exit/Entry provided by MOCHPM, including
constructing a new shop if necessary, while keeping safe distance away from road.
The vendors committed to preserve carriage-way the road furniture that will be built by the
project in front of shops and perform all required legal actions with the related authorities for
utilizing the land through:
1- rent, (the word بدل in Arabic is understood as rent by local people)
2- investment (the word استثمار in Arabic is understood as investment by local people)
3- or rent-free. (the word تسامح in Arabic is understood as rent-free by local people)
The vendors were reminded of the available three options of compensation which they were
aware of from previous meetings. The vendors chose the third option since their homes are
located in areas behind their shops, and this will guarantee that their businesses will continue
and will not be interrupted. The vendors committed to adhere to the safety of the entrances
and limit their works within the shop yards without using the Expressway as an extension of
their businesses. Vendors whose shops require full or partial demolition were briefed on all
construction works that will take place, in case of choice other than financial compensation.
Vendors were notified that their shops will remain in place until alternative shops are built
and available for their use, thus their businesses will not be interrupted; a fact that was
conveyed to them through the consultation meetings.
A wrap up session was held between the Team Leader, the social expert and IDRC
representatives after the completion of individual consultations.
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All 52 shops included in survey were visited, including the previously 5 abandoned
(unoccupied, partially vandalized and non-operating) and 5 non-operating empty-closed
shops.
Three operating shops were closed at the time of interview and the vendors could not
be contacted. One previously chose relocation to R7 resettlement area. Second
previously chose to maintain location with safe access to his shop. The third
previously chose to set back behind the fence with access from exit/service road.
Later, TEAM Social Specialist reached them by phone and they confirmed their
previous choices.
One vendor requested compensation though his shop has been deserted and found
empty with broken door (Figure 7). During this round of consultation, the shop was
found abandoned in addition to the 5 abandoned shops mentioned above.
It is to be noted that this vendor was involved in all previous consultations of Jan 2018
and Dec 2018 assuming he was conducting business from his shop at that time.
During March 13, 2019 consultations, the shop was found empty and the owner
showed up for the interview after noticing interviews being carried out in other shops,
he chose to have the engineered safe access for his shop.
Figure 7: Shop Owner Requesting Compensation
During the March 20 2019 consultations, it was very clear that this vendor’s shop was
no longer in use and the door was found broken. This was further confirmed when the
shop owner stated that he is working on a truck that he owns distributing goods to
other shops to earn a living, and that he is no longer using the shop (statement
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recorded by voice recording and kept on file) and therefore, he abandoned it. This fact
was not known at the time he attended the first consultation in Guest Hall and
demanded financial compensation, nor when he showed up during earlier interviews
in February (Figure 7).
The truck driver was contacted after the interview by phone (statement recorded by
voice recording and kept on file). He declared that he started to work as goods
distributor a year ago after participating in the consultation in January 2018 where
relocation to parking areas was the only available option to the vendors. Thus, his
choice of financial compensation in December 2018 is not connected to working on
truck.
The remaining contacted vendors have chosen to remain in location with engineered
safe access as the existing conditions of site permit, with the possibility of set back
and relocating shop as needed to allow safe distance away from the Expressway.
An old man who owns two shops operated by his two sons requested cash
compensation. During the interview, he was not certain of his choice and his sons
wanted to maintain location. Later he was re-contacted after the interview for the
following reasons:
- Both his sons who work in the shops complained that there are difficulties in
restarting their business in another location.
- The owner of shops was hesitating and changed his decisions during the interview
to finally decide on money compensation.
Therefore, the Consultant felt it necessary to re-confirm his final choice. After
discussing with IDRC the owner was re-contacted and he chose to maintain location
with engineered safe access and he signed for the safe access.
One vendor contacted by phone (did not sign) as requested by an employee working in
the shop. The vendor wants to maintain location with setback after he chose
previously to relocate to R7 resettlement area. His shop location is located few meters
away from the carriageway and initially he selected to relocate to R7 resettlement
area. More over the shop is located on a lot that is under development as a rest area by
a developer who recently signed an exploitation agreement with RBD, and thus it is
not possible to re-locate the shop away from the edge of pavement to allow for safe
setback. The vendor claims that he has approval from governorate and that there is a
court case from rest area investors to remove the shop. During the interview he
rejected the money compensation and nullified his previous decision to relocate.
However, his place is already reserved in R7 for him as per his previous decision.
Later, and after consulting PMT, he was again reached by phone and he accepted to be
relocated 50 to 100 meters away from the rest area with safe access to his shop.
One person whose sons are running 2 shops requested to stay in location with setback.
Currently they are at few meters from carriageway. He was informed that it is not
possible to provide a safe setback due to the shop location near Basra exit and high
required embankment (5 meters high at least for a 150 square meters area). The two
shops are food and tire repair. The clients are mostly trucks. Subsequent to the
meeting with the vendor, the site was visited and his location was constrained by his
proximity to the Exit ramp leading to Basra and the low lying area behind his shop.
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Therefore, the shop owner became convinced that setback was not possible, and chose
and signed on the option of relocating to the parking area at Station 40+000.
In conclusion, 41 vendors out of the 42 known vendors preferred to maintain location
however five of them should be relocated due to site conditions. The remaining vendor
requested cash compensation knowing that he is working to make a living as goods distributer
on a truck he owns, and his shop is currently abandoned.
All vendors were informed about the changes required for constructing safe access and that
the project will pay for all the modifications needed whether setback measures, partial
demolition and reinstatement or safety measures. And they were repeatedly notified about the
proposed 14 m2 area of shops during consultations. The setback is as follows:
Full setback will result in construction of a standard size new shop of 14m2.
This is consistent with the existing size of shops to be setback.
Partial setback will be according to site conditions and most of the shops
requiring setback will be not require full construction but removal of annexes
such as toilets. All re-instatement of annexes will be paid by the project.
Figure 8:Example of mitigation measures
12.4 Dhi Qar Public Consultations (R7)
i) January 31, 2018 Meeting
On January 31, 2018 a public consultation meeting took place at the Dhi Quar Clans
Affairs Office with PAPs and representatives of the community surrounding the
expressway from Dhi Qar governorate (see Annex 10 for list of attendees). The
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following issues were raised and some amendments to the resettlement plan were made
accordingly:
PAPs were presented with 2 options for relocation. First option is constructing a
resettlement area at station 118+000. Second option is to distribute shops along
existing Parking Areas in section R7.
Vendors selected the first option of a resettlement area with all its facilities. An
agreement will be signed with the shop owners in this regard. (Additionally, financial
compensation will be offered for people who prefer to receive cash).
PAPs only concern about the resettlement area is regarding possible security
problems since it will be located far from police checkpoints while their existing
shops are located close to the checkpoint. Officials present at the meeting reassured
them that there will be regular police checkups around their location.
Names of all beneficiaries of the Resettlement Action Plan were read out to compare
with survey lists. The owners of some shops that were closed during the time of the
Survey were identified.
Participants agreed with the principle of relocation and the cut-off date as of
December 22, 2016 for the identification of adversely affected people.
Figure 9:: The public consultation meeting with PAPs in Dhi Qar (R7)-Jan 31,2018
December 3 ,2018 Consultation Meeting
On December 3, 2018 a second public consultation meeting was held in the guest house of
Um Unaij head of clan to inform PAPs about the availability of financial compensation in
addition to the option of relocation to a resettlement area at station 118+000 of R7. All PAPs
chose relocation and none requested financial compensation.
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The total number of PAP’s in R7 is 25, 20 out of which attended the meeting. The remaining
5 were absent, the choice of one of the vendors was conveyed by his colleague, and 4 shop
owners were visited later on December 3. Two of the absent PAPs were contacted and they
chose to relocate to Um Unaij resettlement area while the other 2 could not be reached
although they were visited again on December 8, 2018. (Annex 11)
13. FINANCIAL COMPENSATION
Financial compensation has been offered as an option for the PAPs who prefer it. A fixed
amount of 6000 US dollars per PAP was offered to enable the PAP to cover the construction of
14 square meter shop. The total budget for this arrangement will be 504,000 USD. The
allocated budgets in R7 and R8 will be combined to form one source of compensation fund.
The second round of consultations that were conducted on December 3, 2018 and Dec 6, 2018
for R7 and R8 respectively revealed the following:
a. 23 out of 25 PAPs in R7 chose relocation option. The remaining 2 are closed
shops but will be contacted during relocation process to check their preferred
option;
b. 42 out of 47 PAPs in R8 were consulted and the remaining 5 are closed shops.
The findings of the consultation are as follows:
i) 2 vendors chose to relocate to the settlement area in R7;
ii) 16 vendors agreed on the proposed cash compensation of 6,000 USD;
iii) 24 vendors requested an increase in the compensation amount stating that
6,000 USD does not cover the cost of equipment they installed for their
businesses. It should be noted that the number of water shops increased
since 2016 census (originally 11 now 24);
c. The remaining 5 vendors cannot be reached at the moment, but will be
contacted regularly during compensation process.
Figure 10:The public consultation meeting with PAPs in Dhi Qar
(R7)- Dec 2018
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In February and March 2019 interviews in section R8A/B, preference for construction of safe
entrance/exit and relocation of individual shops was favored to money compensation and
resettlement areas.
In conclusion and based on the 4 rounds of consultations, financial compensation is no longer
demanded by shop owners except for one whose shop is abandoned and he is working on a
truck and should excluded as a PAP.
14. RESETTLEMENT AREAS AND REMEDIAL MEASURES
R7 section
In December 2017, section R7 starting point at Batha area was shifted from station
00+000 to station 02+750 as per PMT letter 473 dated December 19, 2017 (Annex 14).
The objective of this change was to avoid relocation of the majority of small shop
owners at station 00+000. This has resulted in the reduction of number of PAPs in Batha
area from 52 to 2 vendors only. Thus, the final number of PAPs under R7 is reduced
from 84 to 25 vendors operating and 7 shops found abandoned and demolished. Vendors
in R7 chose to be relocated and will be hosted in Um Unaij resettlement area at station
118+000 left side. In addition, 1 vendor from R8 Rumaila and Basra area who is close to
R7 section of Expressway will also be hosted in Um Unaij resettlement area. Moreover,
there is a possibility of adding two shops as requested by the Governorate of Dhi Qar to
avoid any conflict that may rise upon relocation (See Annex 17).
Two additional shops will be constructed for resettlement management purposes; hence a
total of 30 shops will be constructed in R7 resettlement area (25 vendors from R7+1
vendor from R8+2 shops as requested by Governorate+2 shops for management). It
should be noted that all abandoned shops will not be relocated and are omitted from the
final count. The resettlement area is designed to host 2 vendors from R8, since one
vendor had changed his choice to remain in R8 the assigned shop will be added to the
management area).
The resettlement in R7 is located about 2 KM away from their current residence, similar
to the distance between their current shops and their homes. During January 2018
consultation, the vendors were offered the options to be distributed among parking areas
in R7 but they preferred to be gathered in a resettlement areas for security
considerations. Moreover, all shops in R7 are constructed on the carriage way and
require demolition after constructing the new resettlement area.
Set back in location will not provide them with one resettlement area as they are
scattered on both sides of the expressway and in more than one location along R7.The
kind of businesses they run do not require direct connection to their farms/homes. The
goods are transferred to the shops by vehicles
Moreover, their preferred choice of relocation rather than financial compensation is due
to the fact that relocation will ensure them continuous business since the chosen location
is exposed to traffic on the expressway ensuring a flow of clients; taking into
consideration that most shops in R7 are within a stretch of 1km of highway and not far
from their residences. Therefore, negligible change in distance or travel time is
encountered between residence and work in both cases. It is to be noted also, that the
new resettlement area is located on the east side of the northbound, where their
residences are located, which makes the new resettlement area easily accessible to them.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 31
The technical review resulted in selecting Um Unaij resettlement area at 118+000 which
allows least embankment and infrastructure construction. This agrees with the vendors’
choice of relocation. Design and earth works of the resettlement area have started.
R8 section
As for section R8, the original resettlement area that was proposed in the BOQ is located
on the left side of station 60+000 hosting 47 shops. Since during the first round of
consultation, R8 vendors did not agree to this option, the construction of this
resettlement area was put on hold.
On the other hand, the scope of work on R8 has been modified as discussed during the
World Bank mission in May 2018. The modification is to stop maintenance on R8B
beyond Station 52+000 and increase the level of maintenance on R8A under the current
contract with Altcom. Reconstruction of the section beyond Station 52+000 (R8B
remaining works) is proposed under another project to be tendered due to budget
limitation of the current project. However, all the vendors on R8 were addressed under
two different groups as follows:
R8A/B – Current Altcom contract (Sta 0+000 up to Sta 52+000)
Out of the 15 shops in this section; one (1) will be relocated to R7 resettlement, two (2)
shops are empty and closed with no sign of being operated and should be removed as
they are located on the edge of carriageway, however they will be visited regularly
during construction process. This leaves 12 shops to be addressed.
Due to the type of the remaining 12 shops along R8B no resettlement area was agreed to
with the vendors in section R8B of the Expressway. Alternatively each shop will be
addressed individually.
- Seven shops (7) will remain in location on R8 and are offered access from the
Expressway. The tire shop at station 47+400 and the water treatment shop
located at station 47+450 will utilize one access resulting in construction of 6
safe entrance/exit accesses.
The proposed works for the safe entrance/exit access includes earthworks,
pavement, extension of expressway culverts, guardrails and fence behind the
shops. A typical drawing for such access is attached in Annex 18. It is expected
that such access will allow safe entrance and exit for vehicles visiting those
shops taking into consideration the 3 meters wide existing shoulder allowing
drivers to regulate their speed while entering/exiting.
- Two shops (2) wished to be relocated to Parking area at Station 40+000 R8B.
The works for those two shops will include building two shops in parking area
and demolition of existing shop. Access of parking area will be utilized.
- One shop (1) built within 2 meters from the carriage edge wished be relocated
at same location but away from the carriage way. The works for this shop
include building new shop, demolition of existing shop, and with modifications
of access to allow smooth usage.
- One shop (1) at station 14+000 R8A wished to relocate behind the fence away
from Expressway. The works for this shop include building new shop and
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 32
demolition of existing shop. Access is available from service road that is
exiting from Expressway at that location.
- One shop previously chose to relocate to R7 now the shop will be relocated 50
to 100 meters away from the rest area under development with safe access to
his shop.
The shops to be relocated in addition to the closed shops will be demolished as they are
built on the edge of the Expressway carriageway. The removal will occur after the
vendors have moved in to the newly built shops.
R8B remaining works beyond Station 52+000
Thirty two (32) shops beyond Station 52+000 are addressed along with construction of
that section of Expressway by providing safe entrance/exit thus not being affected by the
current works.
The interviews indicated that all of the vendors, except 1, preferred to stay in their
locations with construction of 10 safe entry/exit accesses and two groups require exit
only being located near parking areas.
One vendor requested cash compensation knowing that he is working on his truck to make a living as goods distributer and his shop is currently abandoned. Shops built within few meters from the carriageway edge will remain at same location
but away from the carriageway to provide a safe setback. The works for those shops
include building new shops, demolition of existing shop, and with modifications of
access to allow smooth usage.
Safe Entrance and Exit R7 and R8
The safe entrance and exit will be provided for all Shops whether built in resettlement
area, remain in location with and without setback, built in another location or utilizing
current parking areas. A typical drawing for the access is provided in Annex 19. The
design of each access will take into consideration the shops to be served whether they are
single shops (R8), group of shops in R8 or resettlement area in R7. Detailed location
surveys will be conducted prior starting construction of each access. The access will be
modified and adjusted for each individual shop or group of shops. The project documents
provide signage for parking and resettlement area and used for each access. Building of
such accesses will not interfere with the current operations of shops.
In principle, the existing locations of shops away from carriage way will determine the
required setback. Shops that sell general goods will be set back at least a distance of 9
meters separated from carriage way by a guard rail and divided into 2 meters buffer zone,
5 meters of roadway and 2 meters as parking lane in front of the shop.
The water treatment shops will be set back at least a distance of 15 meters separated from
carriage way by a guard rail and divided into 4 meters buffer zone, 7 meters of roadway
and 4 meters as parking lane in front of the shop.
Shop Utilization Legal Status
A standard yearly rent agreement will be signed between the PAP’s and the
Ministry/RBD. This rent agreement will state the area occupied by the vendors on a case
by case basis. Consultations with each vendor and the appointed committee will take
place to determine the rent price per square meter for both R7 and R8.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 33
14.1 Budget
New shops will be built with area of 14 m2 calculated based on the specified area in R8
BOQ divided by the number of PAPs in R8 as follows
The specified area for construction: 630 m2
With allowable increase of: 10%
Considered number of PAPs: 52
630*1.1/52=13.3 m2
The area is adopted for shops in R7 although the specified to maintain fair construction
for all PAPs. R7 resettlement area is currently under construction based on this 14 m2
area of shop. Most if not all of existing area of shops in R7 are less than 14 m2.
According to the BOQ, the estimated budget for the construction of the resettlement
area in R7 is USD 515,780 with a possibility of increase by 10% as a provisional sum
item. The budget is for the construction of two settlements of a total area 1,394m2 of
building and 4,182 m2 of infrastructure. This budget will be used to construct a
resettlement area for the 30 small business owners, 14 square meters shop for each
irrespective of the areas of their existing shops (table 4).
As for section R8, the BOQ budget is USD 213,000 for constructing a resettlement
area, of total area 630m2 for building and 1,260 m2 of infrastructure with a possibility
of 10% increase as a provisional sum item. This budget was allocated for the 4 small
business owners surveyed in 2013.
The budget will be increased to cover building 5 shops with the necessary land
preparations, construct 8 right-in/right-out accesses for 9 shops, demolition of shops,
earthworks, pavement, extension of expressway culverts, guardrails and fence behind
the shops. Detailed land survey will be conducted prior to construction.
As for R8B, beyond station 52+000, implementation of the safe entrance/exit will be
part of the tender being prepared at present and to be launched soon under the TCP
project. Estimated budget for the works on this section is 700,000 USD.
Additional costs encountered in both Sections R7 and R8 (current works) will be
included in a variation order after completion of the design of the resettlement area and
shops and the safe entrance/exit. Table (9) summarizes the estimated construction
budget.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 34
Table 9 : Resettlement Areas Construction Budget
Express
way
Section
Type of works 2013 Shop
owners
Allocated Area
(BOQ)
M2
Allocated
budget (BOQ)
USD
2016 PAP*
Shop owners
**Proposed
number of
Shops/
Beneficiary in
this RAP
***Area of
each shop
to be
constructed
M2
Expected
Budget
in USD
R7
Construction of shops 23 1,394 390,320 25 30 14 700,000
Infra-structure
for one settlement
4,182 125,460
R8
Construction of shops 4 630 176,400 15
(two closed
shops will be
eliminated)
Net 13
5 14 30,000
safe entrance/exit
1260 37,800 8 400,000
R8B
Beyond
52+000
safe entrance/exit
For 11 groups of shops
31
(three closed
shops will be
eliminated in
addition)
Net 28
28 14 700.000
*In R8 31 of the 46 vendors are addressed with construction of Expressway section beyond Station 52+000. (3 are closed and non-operating will be eliminated)
**R7: Um Unaij resettlement area will host 30 shops as follows: 25 vendors from R7, 1 from R8, 2 management office and 2 as requested by governorate
R8: Construct 8 safe entrance/exit accesses for 9 shops, relocation of 2 shops to parking area, 3 shop relocation with access.
R8B Beyond 52+000: construct 10 full entrance/exit accesses for 10 groups of shops and 2 exits for 2 groups. 5 shops setback.
***The area of shops in the resettlement area and the newly constructed shops will be the same for all shop owners.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 35
15. GRIEVANCE REDRESS MECHANISM
According to the RAP approved in 20135, the Resettlement Committee in each
governorate receives and resolves grievances from “the public wanting to report
complaints or seek redress for project activities that cause them or their communities
harm”. Moreover, 2013 RAP indicates that information regarding the Grievance Redress
Mechanism (GRM) should be widely disseminated through local newspapers and on sign
boards posted at road works entrances and at each service lay-by. The GRM also
guarantees the rights of affected persons in legal due diligence, and the ability to
complain even after the project is completed.
15.1 Procedural Steps According to 2013 RAP
PAPs will register their complaints and grievances at the Resettlement Committee which
will provide a written response within 15 calendar days of receiving the complaint.
If PAPs are not satisfied with the decision of the Resettlement Committee, they will
present their case to the Ministry of Housing and Construction within 15 calendar
days of receiving the written response.
If PAPs are not satisfied with the decision of the MOHC, they can submit their case
to the Governorate Council, or Municipality Council level of the GRM which must
respond with 15 days of receiving it.
If PAPs remain dissatisfied with the responses, they may take the case to the courts.
PAPs will be exempted from all administrative and legal fees.
The GRMs will operate for the full duration of the project. After that period, PAPs will
have access to a technology-based GRM (based on mobile phone systems) which will be
designed and operationalized under the project and will be integral to routine
management and maintenance of the Expressway.
15.2 Resettlement Committees
The Resettlement Committees oversee the implementation of a Grievance Redress
Mechanism, as well as the legal, administrative and financial affairs of the resettlement
process in each governorate (see Annexes 12 and 13 for official Decisions to form the
Committees). Each Resettlement Committees will include the following representatives:
Ministry of Construction and Housing (MOCH), through Roads and Bridges
Directorate (RBD) Project Management Unit (PMT)
Ministry of Construction and Housing, Expressway Department
Governorate Council
Financial Department
Representatives of municipalities
Directorate of Clans Affairs, as representatives of communities surrounding the
Expressway.
5 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1, 2013.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 36
The GRM implementation will be monitored through the following indicators:
Number and type of complaints
Resolved cases and time for resolution of complaints
16. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES
According to the 2013 RAP6, the principal institutions responsible for resettlement and
Mitigation processes are the following:
the Ministry of Construction and Housing will oversee and finance the resettlement
and Mitigation activities
Governors will be responsible for implementation of the Resettlement and Mitigation
activities, and will ensure effective management and operation of the Resettlement
Committees as well as GRMs
Municipalities along the Expressway will be the first level of approach for the GRM
and take charge of waste collection from resettlement areas
The World Bank will work with the government of Iraq to ensure compliance with its
social safeguard policies.
Table 10: Institutional Responsibilities for the Implementation of RAP
Stakeholders/ Institutions Responsibilities
Ministry of Construction and
Housing, and Municipalities and
Public Works through Roads and
Bridges Directorate (RBD)
Project Management Unit (PMT)
Ensuring that the project conforms to World Bank safeguard
policies, including implementation of the RAP.
Internal and external monitoring and evaluation of RAP
activities.
Submission of quarterly and annual Reports on RAP
implementation to relevant Government departments and to
World Bank.
Funding of all mitigation activities to PAPs
transfer of appropriate resources to Governorates and
implementation bodies.
facilitating the provision of necessary permits to hasten the
construction of resettlement areas.
Governorate Councils of Dhi Qar
and Basra Forming and activating Resettlement Committees.
Ensure that RCs are fulfilling their roles in following up on all
matters related to PAPs till resettlement is completed.
World Bank Ensuring that OP 4.12 Involuntary Resettlement is
implemented.
6 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1,
2013.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 37
final review, clearance and approval of the RAP.
Monitoring and Evaluation
Officer/Environmental Officer
Ensure that there are sufficient resources (time, money and
people) to supervise the implantation of social safeguards.
Ensure that mitigation measures as specified in the RAP are
fully complied with in a timely manner
Ensure that any changes during the implementation process that
have environmental or social impact are communicated to the
MOCH in time
Resettlement Committees (RCs)
Guide resettlement activities in both Governorates.
Prepare a detailed implementation plan (quarterly, semi-annual,
annual).
Ensures early involvement of the local communities and PAPs
and a transparent decision-making process
Ensure appropriate dissemination of the grievance redress
process to all communities and PAPs.
resolve grievances and suggest solutions for outstanding issues
to all relevant parties.
Organize public meetings to disseminate the RAP report to all
relevant stakeholders.
Assist local people in overcoming hardship during the
implementation period.
Project Affected Persons (PAPs) file complaints to RCs for any and all grievances
Cooperate with the authorities during the implementation of the
RAP and committing not to reconstruct shops on the ROW.
17. IMPLEMENTATION SECHEDULE
The budget for the resettlement is based on the cost of the substitute facilities where the
entities are to be relocated. The cost reflects the provision of replacement structures
which, at a minimum, are equivalent to the existing structure as was the agreement
reached through the interview and public consultation process with PAPs.
The PMT of RBD should finalize all mitigation agreements with all PAPs who will be
adversely affected by the road works on R7 and R8. This means that adversely affected
PAPs should sign formal agreements regarding the mitigation and compensation to be
provided, during the public consultations. Table (12) below provides details of
implementation schedule.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 38
Table 11: Implementation Schedule of Social Safeguards Activities for PAPs
Activities R7 R8
Commencement of Road Works January 2016-ongoing January 2016-ongoing
Final Census of PAPs December 22, 2016 December 24, 2016
Cut-off date December 22, 2016 December 24, 2016
Creation & activation of Resettlement
Committees
July 12, 2017 December12, 2017
Dissemination of information on
Grievance Redress mechanism to PAPs
December 2017 December 2017
Commencement of Construction works of
resettlement areas
February 2019 April 2019
Relocation of PAPs to resettlement
areas/compensation
June 2019 June 2019
Resolution of Grievances December 2017 - June 2019 December 2017 - June 2019
Monitoring Report on Mitigation and
Compensation by RBD to World Bank
Quarterly Quarterly
18. MONITORING AND EVALUTION
The implementation of RAP will be continuously monitored by MOCH internally to
track implementation and resettlement activities and social mitigation measures. The
monitoring system is meant to track progress of implementation of RAP and ultimately
measure whether or not planned activities are producing desired impact of improving or
maintain PAPs’ livelihoods.
According to the monitoring and evaluation system specified in the 2013 RAP7:
Governorate officials are responsible for forwarding monitoring information to the
MOCH on a monthly basis once the resettlement and mitigation process gets
underway.
MOCH is responsible for collating the information received and entering it into a
database which measures inputs, outputs and outcomes from the various resettlement
activities, and which records the involvement of the affected PAPs. When this process
identifies persistent PAP grievances which are not resolved through the GRM system
at the local and Governorate level, MOCH will provide appropriate assistance to
resolve these grievances.
After resettlement activities have been completed on a specific road contract, the MOCH
staff will review the process.
7 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1,
2013.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
Issue Date: April 1, 2019
Reviewed By: AKI 39
The World Bank will supplement MOCH’s monitoring process by carrying out
independent monitoring and spot checks.
19. RESETTLEMENT AUDIT
An External expert will carry out an independent audit to ensure that the overall
objective of the resettlement action plan was achieved in an equitable and transparent
manner. The following tasks will be covered:
• Verification of the delivery of various compensation options (engineered
modifications to shops and alternative shops to PAPs relocating) to the satisfaction
of PAPs
• Review of grievance cases to assess whether grievance resolution was carried
out in accordance with RAP provisions in a timely manner, to PAP’s satisfaction.
• Review of internal monitoring reports and whether there are outstanding issues.
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
IssueDate: 1/4/2019
Reviewed By: AKI 40
20. ANNEXES
Annex 1: Google map for distribution of encroaching entities on R7 & R8
R7 R8
An Updated Resettlement Action Plan for Encroachments on R7 &R8
Republic of Iraq
Ministry of Construction and Housing
IssueDate: 1/4/2019
Reviewed By: AKI 41
Annex 19: Typical Shop Safe Access – R8