Framework Resettlement Action Plan

Transcription

1 Nimba Western Range Iron Ore Project, Liberia Environmental and Social Studies, Project Phase 2: Concentrator Environmental and Social Impact Assessment Volume 6, Part 1: Framework Resettlement Action Plan March 2013 Framework Resettlement Action Plan for Project Phase 2 VERSION DATE: 28 FEBRUARY 2013 Upgraded by ArcelorMittal Liberia from an original version prepared by: replan Inc (30 June 2012). ArcelorMittal Liberia Ltd. P.O. Box 1275 Tubman Boulevard at 15 th Street Sinkor, Monrovia Liberia T

2 Revision Date issued Reviewed by Approved by Date approved Revision type A March 30, 2012 Jason Petrunia, Initial Review B June 30, 2012, Jason Petrunia Formatted to AML Template - incorporate implementation Feb 22, 2013 Hilary Byrne Upgrade to meet IFC commitments Page 2 of 68

3 Contents 1. INTRODUCTION Description of Project Scope of the Framework Resettlement Action Plan Principles Key Definitions INSTITUTIONAL AND LEGAL FRAMEWORK Liberia Institutional Framework Legal Framework Land Tenure General Customary Land Tenure Land Acquisition Land Use and Community Planning International Standards International Finance Corporation Performance Standards on Social and Environmental Sustainability World Bank Operational Policy Gaps between National Regulation and International Standards EXISTING CONDITIONS National Context Project Area - Phase II lands Project Location Social Environment: Mine Concession Area Potential Impacts IMPACTS OF LAND ACQUISITION Efforts to Minimize Displacement Impacts to Resident Households Impacts to Livelihoods Impacts to Communal Resources and Public Access Impacts to Host Communities STAKEHOLDER ENGAGEMENT AND DISCLOSURE ArcelorMittal Corporate Stakeholder Engagement Policies Objectives Stakeholder Identification Methodology Activities to Date Future Activities Information Disclosure and Activities for Phase Page 3 of 68

4 6. COMPENSATION FRAMEWORK Objectives Legal Basis Eligibility Entitlements LIVELIHOODS RESTORATION Livelihood Restoration in Resettlement Impacts to Livelihoods in the Project Area Restoration Programs Livelihoods Program Land Access Program VULNERABLES Vulnerability in Resettlement Vulnerability in the Project Area Women and Children Disability Potential Vulnerable Persons Assistance Measures RESETTLEMENT PLANNING Resettlement Implementation GRIEVANCE MANAGEMENT Objective General Principles Likely Types of Grievances and Disputes The Grievance Procedure MONITORING AND EVALUATION Overview Monitoring Evaluation WORK PLAN AND ORGANISATION BIBLIOGRAPHY APPENDIX 1: RELEVANT IFC PERFORMANCE STANDARDS Page 4 of 68

5 List of Abbreviations AML CHMP CLO DSO ESIA HRG GPS IFC LAMCO LIDAR NGO PAH PAP PCR PRA UNESCO ArcelorMittal Liberia Cultural Heritage Management Plan Community Liaison Officer Direct Shipping Ore Environmental and Social Impact Assessment Heritage Reference Group Global Positioning System International Finance Corporation Liberia American Mining Company Light Detection And Ranging Non-governmental Organization Project Affected Household Project Affected Person Physical Cultural Resources Participatory Rural Appraisal United Nations Educational Scientific and Cultural Organization Page 5 of 68

6 1. INTRODUCTION 1.1. Description of Project ArcelorMittal (AML - formerly Mittal Steel) has been undertaking a series of studies since 2005, to investigate the feasibility of reinstating and expanding former iron ore mining infrastructure and activities in Nimba County and associated infrastructure (primarily rail, port, quarries and community infrastructure). The package of proposals comprises the following four key elements: production, handling and processing of iron ore at Tokadeh, Gangra and Yuelliton Mountains in Nimba County; reinstatement and operation of the railway line and associated facilities between Yekepa and Buchanan to transport supplies to, and ore from, the mine sites through Nimba, Bong and Grand Bassa Counties to the port at Buchanan; reinstatement and operation of the port at Buchanan for outward transport of ore; rehabilitation of community infrastructure at Yekepa and Buchanan. The intention is to implement the proposal in three phases, over a period of up to 20 years, which in outline involves the following. Phase 0: Enabling works: exploratory drilling and mine design at Mounts Tokadeh Gangra and Yuelliton; and refurbishment of the railway line and associated service and access roads. Environmental permitting for these activities was covered by three Project Briefs submitted in 2007 and Further enabling works de-silting of the port at Buchanan to allow safe ship movements in the existing harbour, which was the subject of a further Project Brief submitted in July Phase 1: Production of up to 20 million tonnes of high grade, direct shipping ore (DSO) at Mounts Tokadeh, Gangra and Yuelliton between mid 2011 and This initial mining will be supported by operation of the railway line and further rehabilitation of the port and community infrastructure. This was the subject of a full Environmental and Social Impact Assessment (ESIA) submitted in October Phase 2: Production of up to 180 million tonnes of lower grade, beneficiated ore at Mounts Tokadeh, Gangra and Yuelliton between This will involve the excavation of 350 million tonnes of rock and the production of 170 million tonnes of waste. This will involve the construction between 2012 and 2014 of an ore concentration plant, a water abstraction system from the Dayea River, a dam and storage reservoir, a tailings management facility, and a power plant. It will be supported by additional enhancements to rail, port and community infrastructure. This is the subject of this Scoping Study. Detailed environmental and social investigations conducted by AML suggested that works under Phases 1 and 2 would incur significant environmental impacts, and therefore, would require being subject to full ESIAs. The first of these, the ESIA for the Phase 1 works was prepared and submitted to the EPA in October The ESIA identified a number of significant environmental impacts that could not be avoided or fully mitigated, and so included recommendation for compensatory environmental management activities. It is intended that the ESIA for the Phase 2 works will be prepared by early Page 6 of 68

7 1.2. Scope of the Framework Resettlement Action Plan The Project and its associated components are governed by the Liberian Constitution (1984), the Environmental Protection Agency Act (2003), the Environmental Protection Act and Associated Environmental Impact Assessment Procedural Guidelines (2006) and the Mineral and Mining Act (2000), which require the recognition and settlement of land and property rights on the basis of fair and prior compensation. AML has prepared this Framework Resettlement Plan (FRAP) to be compliant with all applicable national laws and regulations, AML Corporate Policy and international standards. Due to the multiple subcomponents or multiple components within the Project which will be implemented sequentially over an extended period (e.g. Phase I, Phase II, Phase III and Phase IV) this Framework Resettlement Action Plan (FRAP) is essential to establish project commitments in terms of principles, procedures, entitlements and eligibility criteria, organizational arrangements, arrangements for monitoring and evaluation, consultation and participation, and mechanisms for redressing grievances, which the mining company will abide by during the project lifecycle. It is understood that as an extension to this FRAP, a Resettlement Action Plan (RAP) should be prepared for each subsequent subproject or project component that entails physical and/or economic displacement. Moreover, best practice requires that land acquisition, payment of compensation for affected assets, and resettlement associated with a project (or its project component) is complete before the onset of project activities. While the Framework provides the overall principles and approach to resettlement, sub-project RAPs will describe specific details of project affected families, project affected communities, the nature and intensity of displacement (physical and/or economic), compensation and rehabilitation entitlements at a community and household level, and resettlement and rehabilitation plans. The RAP should be completed at an early stage, and before project construction activities commence on the ground. This FRAP borrows from Resettlement Planning work that has been completed to date, namely: Social Action and Resettlement Plan for the Buchanan to Yekepa Railway Right of Way and Associated Areas (November 2008) which describes the ways in which ArcelorMittal Liberia s Mining Project affect the people who live in or near the concession areas in the rail and road corridors and around the port. The plan then describes how negative impacts are to be mitigated and livelihoods restored in the area which is needed for the clearance and rehabilitation of the port and safety in the 28m Right of way (RoW) (14m from centre of the rail line on either side) railway concession area that trigger involuntary resettlement policy safeguards. Resettlement Manual (November 2010) which is a streamlined, practical, user-friendly version of the larger, more comprehensive Resettlement Manual, last updated on August 11, 2010 meant to be employed by members of the Community Liaison Team as a day-to-day field guide to assist them in developing, implementing, and documenting the various components of the Resettlement Plan. Yekepa Mine Area Resettlement Plan (February 2011) which describes ArcelorMittal s commitment to ensuring a sustainable footprint remains in local communities affected by mining operations in Nimba County. The Plan was to be implemented from January 2011 to December It addresses the social effects and impacts of mining activities on local communities and on people who live in or near the mines and the service and access roads leading to them. Where necessary, information was borrowed from the above resettlement manuals and plans and supplemented with key directions to ensure IFC compliance, namely: Emphasis on an open and transparent negotiation process to finalise and ratify the RAP with members of the affected communities Updates to eligibility criteria to ensure capture of all directly impacted households Updates specifically to include entitlement and benefit for host communities Page 7 of 68

8 Updates to the entitlement framework to ensure compliance with international practice and emerging understanding of the complex relationship to land and communal resources therein Establishment of a operational database management system to more effectively ensure consistent data capture, analysis and reporting 1.3. Principles The key principles committed to in this FRAP are the following: Compliance: Ensure compliance with the Liberian legislation, AML and IFC Standards. Consultation and Disclosure: That all Project stakeholders are regularly and consistently informed and consulted about the nature of the works that will be undertaken in proximity to their communities; are informed about the likely impacts that the works will have on them and their livelihoods; and that the Affected Persons (APs) have input into the design and implementation of mitigation programs. This process is explained in a Stakeholder Engagement Plan (SEP) that is a required component of the Resettlement Plan; Minimization of displacement: That AML will strive to minimize, through the consideration of alternative designs and modified time-frames, the scale of physical and economic displacement that results from the Project; Opportunity Cost: The determination of compensation will take into account the opportunity cost of the land and/or asset affected to the extent feasible. Compensation at Replacement Value: That APs have the right to receive compensation calculated at full replacement value for all assets lost to the Project; Livelihood restoration: That APs and communities are in at least no worse a position than they were before the start of Project activities, and ideally additional development activities will enhance AP s quality of life and standard of living. To achieve this, a sustainable Livelihood Restoration Plan must be designed and implemented to address the loss of access to land for farming and hunting that APs will experience; and other possible development activities will be explored (County Social Development Fund); Vulnerable Groups: That Vulnerable people among the APs will be identified, and a mitigation strategy will be designed and implemented as part of the Resettlement Plan; Minimizing impacts on Heritage Sites and Community Assets: The Project will to the extent possible and feasible avoid impacts on cultural and heritage sites as well as community assets and where necessary, ensure that the relocation of Cultural sites will be undertaken in a manner consistent with international best practice; Grievance Procedure: That a culturally appropriate Grievance Redress mechanism is implemented; Monitoring and Evaluation: that a Monitoring and Evaluation Plan, a required component of the Resettlement Plan, will be developed and implemented to measure the success or failure of the AML Project as regards the above. As part of this process, in-depth Socio-Economic studies will be undertaken with the APs households to create a baseline against which progress will be measured. Specific Process and Impact Indicators for use in the M&E Plan will be developed pending analysis of the data collected during the Socio-Economic studies; Documentation: That Project policies and processes are transparent, documented and traceable. Communication: Facilitate the informed participation of those affected in the planning process and work towards achievement of free, prior and informed consent to and broad community support for the land acquisition process. Page 8 of 68

9 Host Communities: Host communities accepting the sharing of their traditional crop lands with relocated households will be directly affected and will be compensated through the Resettlement Plan. Expropriation: The Project will rely on the expropriation powers of the State, only as a last resort, after making reasonable and good faith efforts to reach a negotiated settlement with those affected. In addition, AML commits to: Treat land acquisition processes as sustainable community development programs, through which the livelihoods and quality of life of those displaced are improved. Payment of compensation to the rightful and eligible person or family through a process agreed with the village elders and the concerned family. Providing Project Affected Person (PAP) options for monetary compensation as well as nonmonetary (in-kind) compensation. Providing to the extent feasible and acceptable to PAPs, resettlement housing, including provision of replacement agricultural land, on new locations preferably as close to their original village or location as possible. Minimizing impact on host communities and neighbouring villages to the extent possible, and where possible, ensure that they benefit from the resettlement process. Compensating for community resources at a community level along with programs to mitigate impacts and enhance the value and quality of the remaining resource. Minimizing adverse impacts on access routes, Physical Cultural Resources (PCRs) and other community resources. Wherever unavoidable the Project will provide alternatives for such loses and restore and/or strengthen community resources Key Definitions Compensation: Payment in cash or replacement in kind for an asset or a resource that is acquired or adversely affected by the Project. Early/Urgent Works: All works that AML considers as being necessary or useful to the realisation of the Project and in particular to the construction of infrastructures. These may include, in particular and without limitation, the construction of Worker Camps and Logistical Bases and/or restoration works, works to exploit quarries and borrow pits for building materials necessary in particular for road works and works in relation to the construction of the haul road and tailings facility, works to build new roads and access roads and to realign and/or widen the existing roads and access roads in order to facilitate the access of engineers to geotechnical investigation sites and hydrogeological underground water drilling site, infrastructure works that must be carried out on the resettlement areas, in order to facilitate the resettlement process and, in general, all other works similar or related to the aforementioned works. Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition and/or obstructed access to resources (land, water or forest), associated with the Project regardless of impacts on residence and associated losses. Entitlement Framework: Within the Framework Resettlement Action Plan (FRAP), the entitlement framework provides the specific entitlements for each category of project affected persons, which will typically include a combination of monetary compensation or in kind compensation, physical resettlement, livelihood and rehabilitation support. Host community: A community (called a Town) or section of a community (known as a Quarter) who are required to share land access in order to make sufficient space for relocating households from their own or another town. Involuntary Resettlement: Resettlement is involuntary when it does not allow the impacted person/household the choice to accept or refuse land acquisition for the Project. Land Expropriation: Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses. Page 9 of 68

10 Framework RAP: This overarching guidance document or resettlement framework that establishes policies, procedures, entitlements, mitigation options and mechanisms to implement the same. Physical Displacement: Loss of shelter resulting from the acquisition of land or impacts (noise, air quality, safety) associated with the Project that requires the Project Affected Person(s) to move to another location. 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 a plan to provide development benefits to persons and communities affected by an investment project. Project: The Liberia Project, including the mine and its associated port and rail infrastructure. Project Affected Area: The project affected area encompasses, as appropriate, the primary project site(s) and related facilities such as relocation areas and access roads, disposal areas, construction camps, quarries etc. that the Project (including its contractors) develops or controls and whose viability and existence depend exclusively on the Project and whose goods or services are essential for the successful operation of the Project. It also relates to developments that are realistically defined in the Environmental and Social Impact Assessment (ESIA) including mitigation measures that could entail creation of buffer areas around project components or require resettlement of people Project Affected Household (PAH): All members of a household, whether related or not, operating as a single economic unit, who are affected by the Project. It may also include other dependents living in the same dwelling or set of dwellings, like close relatives (e.g., parents, grandchildren). Project Affected Person (PAP): Any person who, as a result of the implementation of the Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. The PAPs may broadly be categorized thus: Physically Displaced People: People subject to Physical Displacement as defined hereunder; Economically Displaced People: People subject to Economic Displacement as defined hereunder. Resettlement Support and Assistance: Support provided to PAPs. Assistance may, as in the case of Physically Displaced Persons include transportation, and social or other services that are provided to PAPs during their relocation. Assistance may also include cash allowances that compensate PAPs for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost workdays. Rehabilitation Measures and Assistance: A program to support and enable PAPs to cope with long term change in livelihood patterns and income sources and deliver the project commitment to ensure that the PAPs restore and preferably improve their livelihood standards post physical and/or economic displacement. Replacement Value: Replacement value is the market value of the assets plus transaction costs (taxes, registration fees, cost of transport associated with registration of new land and land transfer). The replacement value reflects the value to replace the affected asset or income. 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. NB: Action Plan, 2001, with modifications as relevant to this Project. These definitions are primarily sourced from the IFC s Handbook for Preparing a Resettlement Page 10 of 68

11 2. INSTITUTIONAL AND LEGAL FRAMEWORK 2.1. Liberia Institutional Framework There are three levels of government in the Republic of Liberia: national, county and municipal/district. National Government: The Liberian Constitution (1986) defines the state as a unitary sovereign republic with three separate coordinate branches: executive, legislative and judiciary. Executive power rests with the President, who serves as both head of state and head of government. The President is directly elected by popular vote for a renewable six-year term. The Cabinet is appointed by the President and confirmed by the Senate. Legislative power is exercised by a bicameral legislature consisting of a Senate and House of Representatives, both popularly elected. Judiciary power is exercised by an independent judicial system. County Government: Liberia is divided into 15 counties for administrative purposes. Municipal/District Government: Each County is divided into Districts for the purposes of administration. County capitals have municipal governments. Towns and Villages are represented with the District Commission, Clan Chief and Town Chief. Legal Framework Key legislation applicable to land acquisition includes the Constitution, Public Procurement and Concessions Act, Property Law, Land Acquisition Act, Aborigines Law, Act Establishing the Land Commission, Customary Marriage Law, Community Rights Law, Environment Protection and Management Law, among others. Constitution: The current Constitution of Liberia came into force in Article 22 defines rights to property and allows that only Liberian citizens shall have the right to own real property in Liberia. This right, however, does not extend to mineral resources on or beneath the land. Expropriation: The Liberian State may expropriate privately-held property for public purposes (Article 24 of the Constitution), provided that: Reasons for such expropriation are given; There is prompt payment of just compensation; Such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and When property taken for public use ceases to be so used, the Republic shall accord the former owner, or those entitled to the property through such owner, the right of first refusal to reacquire the property. Where the state acquires land through an involuntary settlement, the Government is statutorily obliged to evaluate the current market value of the property to be acquired with the objective of providing just compensation to the affected owner. Where the land is in public use, the state has the burden of replacing it with one of commensurate value. The expropriation process applies nationallyset rates for compensation and may address a narrower range of compensation-eligible rights and assets than is recognized in international best practice. Land Tenure General There are two basic forms of land tenure in Liberia: statutory land ownership (in which owners hold individual fee simple title deeds) and customary land tenure (recognized by the Constitution as governing land not brought under the common law). Page 11 of 68

12 Statutory law recognizes absolute ownership, while customary law limits tenure to individual usufruct rights. Statutory or legal titles include land deeds, aborigine deeds (collective title granted to indigenous tribes), public land sale deeds (fee simple land acquired by individuals, including members of tribes), warranty deeds and leasehold. According to the World Bank (2008), less than half of the land in Liberia is held by citizens under statutory land ownership. Titled or partially titled (i.e., surveyed without title) lands are more common in coastal areas. Most of the interior is under customary land tenure, whether with collective title or no title. Few of the land holdings within in the project area will have actual title deeds or other formal proof of ownership. The absence of a national land registry, unclear and outdated land laws, inconsistent land titling initiatives and conflict-related displacement have contributed to duplicate, overlapping or disputed claims to land. Some titles based on communal rights conflict with titles based on individual private property rights. Moreover, many title deeds were lost during the years of civil war. In August 2009, the Government approved the Act Establishing the Land Commission, beginning the development of a framework for settling such land tenure issues. Customary Land Tenure A community may acquire collective fee simple title to its communal areas as Public Land Sales Deeds or Aborigines Deeds, though only a small number of communities have acquired fee simple ownership. Instead, the 1956 Aborigines Law recognizes customary usufruct rights to collectivelyheld lands as a default not ownership rights as was previously recognized in the 1905 Hinterland Law. Customary tenure of land is held on a collective basis by a community, either as Tribal Reserves or Communal Holdings. Customary tenure is not recognized by a formal deed. Accordingly, communities often do not enjoy security of their property rights. Customary usufruct rights to specified plots (or quarters) are allocated to residents by the Town Chief and Elders Council, dependent upon occupancy or use (e.g., residential, agricultural). The usufruct rights may be short-term or long-term and may, in some cases, be passed down several generations. The Town Chief and Elders Council follow accepted rules for determining how the land within their jurisdiction is held, used, transferred and assigned. These rules are typically unwritten but are understood and respected by the local community and have been traditionally recognized by the formal legal system. Communities cannot sell fee simple title for areas of collectively-titled land. Households with allocated quarters may independently permit landless people or non-community members to access their assigned lands. Compensation for access is typically made with a share of production or other in-kind compensation. It is important to note that the families and even communities (or tribes) linked to identified customary rights or use entitlements may not be stable entities as migration and community dynamics can change their composition. At the same time, tribes retain rights to exclude others from membership. The Equal Rights of the Customary Marriage Law (1998, approved 2003) gives women in customary unions the same legal status with respect to property and inheritance rights as men. A widow will inherit one-third of her deceased husband s property regardless of the regime under which they were married. Daughters possess equal rights to inherit land. With respect to forest resources, the Community Rights Law (2009) returned customary ownership rights of forest resources (i.e. trees) in community forests to appropriate communities (from previous state ownership). Land Acquisition Land acquisition and title transfers are governed in part by the Land Acquisition Act (1929), which distinguishes land in Liberia into two categories: the Hinterland and the coastal County areas. Page 12 of 68

13 The procedure for Liberian citizens obtaining land located in the Hinterland is as follows: Request consent from the traditional authority (e.g., Town Chief, Elders Council, Tribal Authority) to have a parcel of land under their remit deeded to the individual by the Government; Payment of a token sum of money to the traditional authority; Submission of a certificate, signed by the traditional authority, to the District Commissioner Survey of the identified plot by the County Surveyor; If the land is unencumbered, approval by the District Commissioner and issuing of a certificate and land deed; Payment to the Bureau of Revenues based on government-identified valuation. Since 2008, final approval has to be signed by the President The procedure for obtaining land located in the County Area is as follows: Application to the Land Commissioner in the County in which the land is located; If the land is unencumbered, approval by the Commissioner and issuing of a certificate and land deed. As mentioned above, only Liberian citizens shall have the right to own real property in Liberia. Foreign entities such as ArcelorMittal Liberia may not own land in Liberia but can negotiate and compensate for changes of use. In addition, they can obtain access to land by entering into long-term leases. As outlined in Chapter 2 of the Property Law (1972), a foreign concern may lease land from a Liberian citizen for a period ranging from 21 to 50 years, depending on the value of the property, with an option for renewal for another 21 to 50 years. In either of the above scenarios, AML shall formalise land access agreements permitting company access to and use/transformation of land, defining restrictions on use of the land by others (including the current land or asset holder), defining the period during which the agreement applies and providing for compensation to holders of affected land and/or affected immoveable assets. Land Use and Community Planning The Ministry of Lands, Mines and Energy administers public and private lands, including aspects such as land tenure, land reform, land registration, land survey, and land-use and planning. The Ministry of Public Works is responsible for land use zoning. The Land Commission sits within the Ministry of Internal Affairs, which oversees local governance. Locally, where customary land tenure practices apply, the use of specific land areas or plots within a community is assigned by the Town Chief and Elders Council. Most households are assigned the use of a residential plot and some agricultural land, involving one or more separate plots, often remote from their residence. Development of unsettled or uncultivated land, when requested, is approved by the Town Chief and Elders Council. The Environment Protection and Management Law authorizes the Environment Protection Agency to prepare environmental protection measures for land use planning and designate certain waterbodies as protected areas. The Forestry Development Authority is the lead government entity on the use of forest land International Standards International Finance Corporation Performance Standards on Social and Environmental Sustainability The International Finance Corporation adopted updated Performance Standards on Social and Environmental Sustainability in May The standards became effective January The outcome-based Performance Standards (PS) updated existing IFC safeguard policies, strengthening social and environmental policy, and prescribing more comprehensive and integrated impact Page 13 of 68

14 assessments. The IFC has also published Guidance Notes to help explain the requirements of the Performance Standards. The standards are divided into the following issue-specific sections: Performance Standard 1: Assessment and Management of Environment and Social Risks and Impacts Performance Standard 2: Labour and Working Conditions Performance Standard 3: Resource Efficiency and Pollution Prevention Performance Standard 4: Community Health, Safety and Security Performance Standard 5: Land Acquisition and Involuntary Resettlement Performance Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources Performance Standard 7: Indigenous Peoples Performance Standard 8: Cultural Heritage. Performance Standard 1, Assessment and Management of Environment and Social Risks and Impacts, and Performance Standard 5, Land Acquisition and Involuntary Resettlement, are most directly relevant to this Resettlement Action Plan. Performance Standard 1 Performance Standard 1 structures the way in which environmental and social issues are to be handled and serves as the core around which the other Standards are framed. Performance Standard 1 requires that affected communities be appropriately engaged on issues that could potentially affect them. Key requirements include: Ensuring free, prior and informed consultation and facilitating informed participation Obtaining broad community support Focusing on risks and adverse impacts, and proposed measures and actions to address these Undertaking consultation in an inclusive and culturally appropriate manner Tailoring the process to address the needs of disadvantaged or vulnerable groups. Performance Standard 5 Performance Standard 5 refers to the management of physical displacement (i.e. relocation or loss of shelter) and economic displacement (i.e. loss of assets or access to assets that leads to loss of income sources or means of livelihood) as the result of project-related land acquisition and restrictions on land use. Involuntary resettlement relates to transactions where the buyer can resort to government authority to gain access to land or impose limits on land use. The Performance Standard defines displaced persons broadly as: Those who have formal legal rights to the land they occupy Those who do not have formal legal rights to land, but have claim to land that is recognized or recognizable under the national laws Those who have a recognizable legal right or claim to the land they occupy, such as opportunistic squatters and recently-arrived economic migrants who occupy land prior to the cut-off date. The objectives of Performance Standard 5 include: To avoid or at least minimize displacement by exploring alternative project designs To avoid forced eviction To mitigate impacts from land acquisition by providing compensation for loss of assets at full replacement cost and ensuring that resettlement activities are implemented with appropriate stakeholder engagement Page 14 of 68

15 To improve or at least restore the livelihoods and standards of living of displaced persons To improve living conditions among displaced persons through provision of adequate housing with security of tenure. Performance Standard 5: Requires that the project proponent identify, via a census, those persons who be displaced and establish a cut-off date to establish eligibility for compensation Requires the project proponent to offer land-based compensation, where feasible, where livelihoods of displaced persons are land-based, or where land is collectively owned Suggests application of the Performance Standard in situations where displacement unrelated to land acquisition has occurred because of the adverse economic, social or environmental impacts of project activities Introduces the concept of negotiated settlements to avoid forcible removal of people Requires private sector companies to bridge the gap between domestic legal requirements and the requirements of the Performance Standard Encourages collaboration to minimize risks and requires project proponents to close compensation gaps where government takes the lead Requires preparation of a Resettlement Action Plan, which demonstrates how displacement will be managed in accordance with the Performance Standard. Performance Standard 5 further requires that standards for compensation be transparent and consistent within a project, and established with the participation of those impacted. Project proponents must, according to the Performance Standard, offer displaced persons and communities compensation for loss of assets at full replacement cost and other assistance to help them improve or at least restore their standards of living or livelihoods. Replacement value is defined as follows: Agricultural Land: The market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes; Land in Urban Areas: The market value of land of equal size and use, with similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; Household and Public Structures: The cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor and contractors fees and any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where national law or policy does not provide for compensation at full replacement cost, or where other gaps exist between national law or policy and the requirements with respect to displaced people, the Performance Standard advises that project proponents consider alternative measures to achieve outcomes consistent with the objectives of the Performance Standard (e.g. supplementary allowances in cash or in kind). In the case of physically displaced persons, the Performance Standard requires that project proponents offer the choice of replacement property of equal or higher value, equivalent or better characteristics and advantages of location, and security of tenure, or cash compensation at full replacement value where appropriate. If land acquisition for the project causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, project proponents are required to: Page 15 of 68

16 Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of re-establishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery or other equipment Provide replacement property (e.g., agricultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable under the national laws Compensate economically displaced persons who are without legally recognizable claims to land for lost assets (such as crops, irrigation infrastructure and other improvements made to the land) other than land, at full replacement cost Provide additional targeted assistance (e.g., credit facilities, training, or job opportunities) and opportunities to improve or at least restore their income-earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected Ensure that new host communities accept the incomers and are themselves provided with targeted assistance so that they are not relatively worse off than the displaced people. Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income-earning capacity, production levels, and standards of living. Policy and Performance Standard 8 IFC s Performance Standard 8 recognizes the importance of cultural heritage for current and future generations. Consistent with the Convention Concerning the Protection of the World Cultural and Natural Heritage, this Performance Standard aims to ensure that clients protect cultural heritage in the course of their project activities. In addition, the requirements of this Performance Standard on a project s use of cultural heritage are based in part on standards set by the Convention on Biological Diversity. Performance Standard 8 establishes the following objectives: To protect cultural heritage from the adverse impacts of project activities and support its preservation. To promote the equitable sharing of benefits from the use of cultural heritage. The project proponent will manage impacts on cultural heritage within its Environmental and Social Management System (ESMS). In addition to complying with applicable law on the protection of cultural heritage, including national law implementing the host country s obligations under the Convention Concerning the Protection of the World Cultural and Natural Heritage, the client will identify and protect cultural heritage by ensuring that internationally recognized practices for the protection, field-based study, and documentation of cultural heritage are implemented. Where the risk and identification process determines that there is a chance of impacts to cultural heritage, the client will retain competent professionals to assist in the identification and protection of cultural heritage. Performance Standard 8 requires a proponent to establish a chance find procedure. It also requires full consultation and engagement with affected communities. In situations where avoidance or minimization of impacts on cultural heritage is unavoidable, the proponent will use a process of Informed Consultation and Participation (ICP) of the Affected Communities as described in Performance Standard 1 and which uses a good faith negotiation process that results in a documented outcome. Page 16 of 68

17 World Bank Operational Policy 4.12 The World Bank s Policy on Involuntary Resettlement, Operational Policy 4.12, was updated in March The OP includes safeguards to address and mitigate impoverishment risks related to project development and involuntary resettlement. OP 4.12 addresses direct economic and social impacts that both result from Bank-assisted investment projects and are caused by the involuntary taking of land (resulting in relocation or loss of shelter, loss of assets or access to assets and/or loss of income sources or means of livelihood) or the involuntary restriction of access to legally designated protected areas resulting in adverse impacts on the livelihoods. The OP establishes three overall objectives: Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The project proponent is responsible for preparing, implementing, and monitoring a resettlement plan (or a resettlement policy framework) that adequately documents the resettlement planning process and agreed procedures. Under OP 4.12, the implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. Specifically, the taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons Gaps between National Regulation and International Standards A recent World Bank appraisal of Liberian statutory provisions related to the mitigation of social impacts concluded that Liberia s policy, legal and regulatory frameworks do not adequately address the safeguard mechanisms required under OP The appraisal identified shortfalls including in the protection of customary land rights, assessment and valuation of losses, and payment of compensation for loss of access to forest and other natural resources. Table 1 provides an assessment of national regulations and international standards related to land acquisition, resettlement and compensation. Table 1: Legal Comparison Analysis Theme Liberian Regulation International Standards Expropriation v. Resettlement Liberian regulation permits expropriation of privately-held property for public purposes. Expropriation is considered an action of last resort, after good faith, documented negotiations. However, expropriation remains an influential element in the resettlement as it may be used by the project proponent in accordance with relevant national laws. Accordingly, resulting transactions and resettlement are involuntary in nature. Page 17 of 68

18 Theme Liberian Regulation International Standards Consultation The Act Adopting the Environmental Protection and Management Law of the Republic of Liberia (2002) requires public consultation and participation during the ESIA process and formulation of the Environmental Impact Statement. Public hearings are also to be held in regards to the ESIA. Resettlement impact mitigation would form one component of the Social Management System prepared as part of the mitigation strategy in the ESIA Report. Reasons must be given to the public for any expropriation. Free, prior and informed consultation is required, emphasising that consultation is free of intimidation and coercion, undertaken before the start of project activities and involves the dissemination of relevant, understandable and accessible information. Resettlement planning options should be generated in consultation with displaced persons to ensure their priorities and preferences are reflected in the final plan. Consultation must continue throughout the resettlement process. Free, prior and informed consent is required for consultation with indigenous populations, attained through an independent, selfdetermined decision-making process carried out with sufficient time and based on traditional customs and practices. Eligibility Compensation Rates Replacement Homes and Infrastructure Crops and Trees Communal Resources Compensation must be negotiated with property holders for a long-term lease or with customary users for changes in use. Compensation for expropriated property is equivalent to current market value. No reference to replacement houses in regulations. No reference to direct compensation for affected crops in regulations. Where the land is in public use, the state has the burden of replacing it with one of commensurate value. Compensation should be based on possession of a legitimate interest in an affected asset or activity, regardless of formal land tenure status. Lack of legal title to land is not a barrier to compensation. Compensation for loss of property must reflect the total replacement cost of the affected asset (market value of asset, without accounting for depreciation, plus transaction costs). Replacement homes and properties should be of equal or higher value, with equivalent or better characteristics and advantages of location. Resettlement sites should be selected for locational advantage in terms of availability of basic services and employment opportunities that enable displaced people to improve or at least restore their livelihoods and standards of living. Compensation should provided for the market value of lost cash crops and the cumulative value of lost fruit or fodder trees for lost production. When there is loss of collectively-owned land, replacement land should be offered as compensation where feasible. The loss of community resources should be offset by supportive initiatives to improve the productivity of the remaining resources or provide access to alternative sources. Page 18 of 68

19 Theme Liberian Regulation International Standards No law specifically covering cultural heritage. Signatory to UNESCO International Convention for the Safeguarding of Intangible Cultural Heritage and UNESCO International Convention Concerning the Protection of the World Cultural and Natural Heritage. Cultural Heritage Resources Timing of Compensation and Land Take Livelihoods Vulnerable Groups Host Communitiies Grievance Management Monitoring and Evaluation Ministry of Interior has established a process and rates for compensating Physical Cultural Resources. Households affected by expropriation are entitled to a prompt payment of just compensation. No reference to livelihood restoration in regulations. No reference to vulnerable groups in regulations. No reference to host communities in regulations Property owners may freely challenge the compensation offer in a court of law with no penalty for having brought such action. No reference to monitoring and evaluation in regulations. Identify and protect cultural heritage by ensuring that internationally recognized practices for the protection, field-based study, and documentation of cultural heritage are implemented. When there is loss of access to sites of heritage, alternative access will be provided. When impacts on critical cultural heritage are unavoidable, utilize a process of Informed Consultation and Participation with the Affected Communities which uses a good faith negotiation process that results in a documented outcome. Retain external experts to assist in the assessment and protection of critical cultural heritage. Compensation should be provided before any displacement. The resettlement program should support displaced households to improve or at least maintain their standard of living and create sustainable development benefits. Project proponents should provide appropriate assistance to meet the needs of displaced persons with special attention to the needs, vulnerabilities and participation of the poor and vulnerable. The resettlement programme will extend the livelihood programme to host community households where land sharing is required. Where a resettlement site has to be prepared, the company will make the same provision for services to the host community as the relocated households A grievance management mechanism is required to receive and address specific issues concerning compensation and resettlement brought forward by displaced persons and host community members, including an appeal mechanism designed to resolve conflicts fairly. Complainants retain the right to make use of judicial review if their complaint is not satisfied by the grievance management process. Project proponents must undertake monitoring and evaluation to track and improve implementation of the RAP. Page 19 of 68

20 3. EXISTING CONDITIONS This FRAP is based on an understanding of the socio-economic profile of the Project area and its communities, with a specific focus on land tenure, land management systems and livelihoods. An understanding of these has informed the approach towards the land acquisition process and the entitlement framework. The section below summarizes the socio-economic baseline conditions in the Project area and its implications on Project impacts. As discussed in Section 2, the Project has three principal components, namely the mine, the ore railway and the deep-water port. All these three components along with associated and/or support infrastructure such as access roads, air strip and quarries have been cumulatively defined as the study area for the purpose of this report National Context Liberian society is characterised by a veneration of elders and patriarchy. Each hamlet, village, or town has a Town Chief. Under the traditional administrative system, rural Town Chiefs are organised under Clan Chiefs and Paramount Chiefs. The traditional Chief is advised by a group or Council of community elders who are invariably men. The Chief and elders are responsible for a range of duties in organising rural life, including allocating land use on communal lands, giving permission for strangers to enter and stay in the community, permitting house building and settling disputes on all aspects of community life. The system was damaged during the civil war but is regaining strength and respect as peace continues. Increasingly, male youths are invited to participate in Elders Councils in recognition of their roles in the war and the experience they gained in leadership. Phase1 DSO ESIA consultations found that a considerable number of youth or younger members of communities were given the role of Town Chief. There is an official Government Administrative hierarchy of District Superintendents and District Officers, County Superintendent and Officers of line Ministries as well as central Government Ministries. Management of rural communities is a partnership of the Governmental system and the traditional Chiefs and councils of Elders. In addition, there are other structures that determine how communities operate and who is accepted into the community. Firstly the Zoes are the traditional herbalists/ medicine men/ leaders. The Zoe is recognised as controlling relations between the spirit world embodied in nature, the ancestors and living communities. They are also recognised as medicine men carrying knowledge of plants for medicinal usage. The role is handed down through families. Secondly, the Poro and Sande cultural societies are important aspects of community life and they are recognised under national legislation. The Poro and Sande societies are fraternities and sororities of men and women, organised in groups of people of the same age bands. Their purpose is to teach life skills, and reinforce cultural knowledge and practices. Membership of each society determines belonging and acceptance in a community Project Area - Phase II lands Project Location A description of the footprint is given in Volume 1 of the Phase 2 ESIA. Social Environment: Mine Concession Area 1 The Mine Concession of AML is located in Nimba County. The communities that are likely to be affected by the mining activities of AML are predominantly rural and base their livelihoods on agriculture, growing cash crops of rubber, cocoa and plantain, and subsistence crops of rice, cassava 1 This section from Draft Phase II ESIA, received January 2012 Page 20 of 68

21 and sugar cane. Socio-economic studies have already been carried out for large samples of households in both Yekepa and the communities around the proposed mine areas in northern Nimba mines, and along the railway corridor to Buchanan. These revealed a picture of severe poverty, with high levels of deprivation for all development indicators. Women are particularly badly off, with fewer girls than boys surviving and fewer women than men living into old age. Schooling is limited and literacy low, while access to health care is also poor. Except in Yekepa and Buchanan, no households have electricity or running water, and only 1 percent had any form of sanitation. Per capita annual income levels were almost all below the national mean of USD$ 222 (Bank, World), and averaged only US$ in the rural towns of Nimba. Most ethnic groups of Liberia are represented in the surveyed communities. However, the majority are Mano and a closely related ethnic group of Gio - the two dominant ethnic groups of Nimba County. This group has a large population, is well established and does not constitute a deprived minority requiring special protection measures. Ethnic composition of Yekepa and Camp 4 has historically been more diverse as the original LAMCO employees were drawn from the different indigenous groups as the employment of skilled Liberians drew economic migrants from all over Liberia. There are a number of households illegally residing in former LAMCO/LIMCO housing located in the Yekepa town site. The Company is currently engaged in relocation efforts of a portion of the squatter community to refurbish the units and make them available for Company employees and contractors. To date, several households have been relocated; these households engage primarily in wage- and enterprise-based livelihood activities. These households will be considered within Phase II resettlement planning. A separate study has been made of agriculture and land tenure in northern Nimba. Land allocation remains strongly dominated by the clan structures. Most rice production is through upland rainfed varieties farmed through shifting cultivation and without any external inputs (i.e. no fertilisers or pesticides). This makes for a laborious undertaking, although local systems of reciprocal labour help mitigate this. Cassava is frequently inter-cropped with the upland rice, while sugar cane and rubber farming provide some diversification. There are few other formal income earning opportunities in the area. Wage labour is available to some people carrying out agricultural activities for other farmers or with ArcelorMittal and its contractors on the railway rehabilitation project, the LAC rubber plantation located in Compound 3, Grand Bassa County, or for BHP Billiton in Kitoma. In contrast, livelihoods in the township of Yekepa and Camp 4 are mostly based on formal employment although the community suffered from loss of livelihoods through the civil war period during which time Yekepa town and Camp 4 were looted and the urban infrastructure destroyed. Twenty-two percent of the survey populations are below school age, 50% are at or have attended school and 27% have not attended school at all. Over half of the school attendees are in the early Elementary grades, and overall data suggest that only a third of attendees go on to complete Elementary school. Of the population surveyed, only 5% completed Junior High and 7% Senior High School. Two percent of the survey population state they have graduated from University or have some tertiary education, all of whom are in employment in Yekepa. Only 1% claim to have vocational training. Given that the majority of those with high school education are in employment in Yekepa, this indicates that the rural communities of northern Nimba are disadvantaged by their lack of education in terms of livelihood opportunities. Twenty-three percent of the population that are aged over 15 are illiterate. This figure rises to 29% of the population if Yekepa is removed from the sample. Illiteracy is lowest in Yekepa, around half the average for the other communities. Furthermore, Yekepa has the highest levels of academic 2 This figure was calculated from data from 2010: Scott Wilson/URS Socio-Economic Baseline Study + Appendices Vol 5 Part 1.1 Page 21 of 68

22 achievement compared with the other towns owing to the concentration of skilled and professional workers, both in-migrants to the area and those educated in Yekepa. People who have had limited schooling and are functionally illiterate should be added to the identified illiterate group. Approximately half of those stating they only received a few early Elementary years education are adults resulting in approximately 39 to 42% of the population being functionally illiterate. Rates of illiteracy (limited or no schooling) are comparatively worse in Bonlah and Sehyigeh, towns which are furthest from the road and to which vehicle access is difficult. The towns on or close to the main road from Yekepa to Sannequelle have higher proportions of people that have completed elementary school than the towns further from the road. Consultations found that these schools including the school in Sehyigeh, are supported by the United Nations World Food Program School Feeding Program. The purpose of such is to provide supplementary feeding to pupils thereby potentially improving attendance and possible academic success. The towns to the north and west of Mount Yuelliton, the Yuelliton hamlets, Bonlah, Lugbeyee and Kanlah, have the lowest levels of high school completion. By contrast, settlements on the main road have levels of high school completion and tertiary training which are almost double that of the remoter communities. It is evident that ease of access to both elementary school and high school affects attendance and completion. It is recognised that gender equality is lacking in Liberia and women have disadvantaged socioeconomic roles and status. Women have limited access to assets and productive resources, owing both to legislation and to social norms, and employment opportunities are limited as a result of disadvantaged schooling and the cultural expectation to perform domestic responsibilities. Furthermore sexual abuse and gender based violence is prevalent in Liberian society as recognised by United Nations Resolution 1885 (2009). All these factors have grave negative implications on the economic and social development of women and society, and women therefore constitute a vulnerable group, in particular, in rural communities. This is of particular importance as the civil war left many female only headed households. It is also recognised that people with disabilities are a vulnerable group. When the baseline surveys requested information on disability, the data received suggested that there might be a level of underreporting, most probably owing to the social stigma attached to disability. Community consultations revealed that elderly people were identified as potentially vulnerable, especially those elderly whose families had moved away, as they were unable to farm and therefore feed themselves. Most households lack easy access to health services. There is a hospital in Yekepa, which is run by AML and charges a fee for non-employees, a Government hospital at Sannequelle and clinics at Lugbeyee and Zolowee. Households predominantly are reliant on usage of medicinal plants and traditional healing to treat illness. In addition to its hospital, Yekepa has a YMCA clinic and four pharmacies or shops where people were reported to be selling conventional medicine. Pharmacies were not found in other villages. Consultations found that between January 2009 and January 2010, the hospital in Yekepa received 9396 outpatients and a further 384 who were non-liberian nationals, illustrating that people were coming over the border from Guinea and Ivory Coast to receive treatment. The Government hospital in Sannequelle was cited as being used by community members as far away as Lugbeyee and Bonlah. Medicinal plants, collected by households are used widely. Specialist knowledge of such plants was found to be held by traditional healers, however households also reported having their own remedies. There is little provision of health services along the railway corridor, due to the remoteness of most communities. Increasing distance from the County headquarters means a lower level of access to most facilities and services. Sixty five percent of households reported that someone was sick in the last year. Incidence was highest in the more remote towns away from the main road, and lowest in Yekepa and Gbapa, this may be owing to poor sanitary conditions. There was a low overall percentage of households (54%) reported taking medicine. Medicine-taking was lowest in Camp 4, Zolowee and Makinto near the main road. Agricultural advice is only available in County and District headquarters. Police and Justice services are also limited with many police stations and courts still not repaired from the destruction caused by the civil war. Whilst basic services theoretically exist, service delivery is impeded by a lack of Page 22 of 68

23 reconstruction, reorganisation and resourcing. Restoration of infrastructure still remains a challenge; however the road running parallel to the railway has opened up access to some previously cut off communities. Rural houses are generally constructed of sun-dried mud brick with either thatched or corrugated steel sheet roofs. Yekepa town is a mixture of renovated and un-renovated hard wall permanent housing from the LAMCO period. The rural towns and villages lack any sanitation, and clean water provision is sporadic and confined to a few wells with hand pumps. Most people collect creek water for their needs. In Yekepa the sewage disposal network is functioning at a very low level. Social Environment: Rail Corridor The railway corridor extends from Buchanan Port, Grand Bassa County to Zolowee, Nimba County traversing 3 of the 15 counties of Liberia. Settlements of varying sizes are located within the 267 kilometre railway corridor right of way. The AML Social Action Plan of the Railway Right of Way Clearance and Rehabilitation Buchanan to Yekepa (September 2008-June 2009) defines that settlements within a 28 metre band width (14 metres from the centre of the railway line on either side) are considered project affected. The main towns along the railway corridor beyond Buchanan are Grebo, Zowienta, Kitoma and Sannequelle and are considered project affected by Phase 1 ESIA. Added to this, a large number of settlements are also in the railway corridor and are considered affected communities. Livelihoods of communities along the railway corridor are based on agriculture and are similar to those of the communities close to the mine, growing cash crops of rubber, cocoa and plantain, and subsistence crops of rice, cassava and sugar cane. Farming is shifting cultivation. The average annual income of households was calculated at US$106. There are few other formal income earning opportunities in the area. Wage labour is available to some people carrying out agricultural activities for other farmers or with AML and its contractors on the railway rehabilitation project, the LAC rubber plantation located in Compound 3, Grand Bassa County, or for BHP Billiton in Kitoma. The project baseline data capture found that 25% of the surveyed population who are aged over 15 are illiterate, added to this group should be those who have received only limited schooling and who are functionally illiterate making approximately 38% of the surveyed people illiterate. Literacy levels are highest in Bong where there are better opportunities to attend school. The opportunity to attend Senior High school is lowest in Grand Bassa however basic literacy is lowest in Nimba. Overall women s illiteracy levels are twice those of men. There is little provision of health services along the railway corridor, due to the remoteness of most communities. Increasing distance from the County headquarters means a lower level of access to most facilities and services. Agricultural advice is only available in County and District headquarters. Police and Justice services are also limited with many police stations and courts still not repaired from the destruction caused by the civil war. Whilst basic services theoretically exist, service delivery is impeded by a lack of reconstruction, reorganisation and resourcing. Restoration of infrastructure still remains a challenge; however the road running parallel to the railway has opened up access to some previously cut off communities. Kpelleh is one of the main tribes in Bong County. Social Environment: Port There are no baseline data for Buchanan Port affected communities. The Phase1 DSO ESIA Consultant found that the following communities, within Buchanan and the villages and hamlets in the concession area, as project affected: Motown; Bakonbli; Giah Town; Weagabli; Sakpawea Town; Sayo Town; Giabli and Balcony refer to Figure 1. Exact names or spelling of names may vary as they differ according to the source. With a more detailed socio-economic study of the area further communities may be identified. Page 23 of 68

24 The Port town of Buchanan has a population of 34,893 according to the 2008 National Housing and Population Census. Fishing is an important industry in the town and many Buchanan communities subsist on fishing activities. It is mainly artisanal and involves three groups of fishermen each with their own methods: Kru; Fanti and Senegalese. The opportunities for employment in Buchanan are better than in other project-affected communities. In addition to ArcelorMittal and its contractors there are other large companies operating in Buchanan. In particular: Buchanan Renewable Technical Services, an alternative energy company producing biomass (wood chips) from unproductive rubber trees, which is then shipped to Europe; Equatorial Bio-Fuels; and Liberia Trees and Trading Company, whose headquarters are in Buchanan. Bassa is one of the main tribes in Grand Bassa County Potential Impacts Physical Displacement: The land acquisition for the Project is likely to result in physical displacement of a large number of households. Physical displacement is likely to occur in Yekepa Township that is a process of refurbishment for the Project. Loss of Land and Assets: The land acquisition for the Project is likely to result in loss of land and assets either privately owned by individuals or commonly owned by the communities. Customary land ownerships and holdings are also likely to be impacted in this process. Landlessness and associated vulnerabilities linked to loss of land are likely to result due to the land acquisition for the Project. Loss of Income and Impact on Livelihoods: Loss of land is likely to result in adverse impact on families dependent on agriculture, plantation, animal husbandry, and wage labour. The extent of impact on income and livelihoods will depend upon the category and existing usage of impacted land. Loss of Common Property Resources (CPRs): Common property resources such as grazing areas/resources, forests, water bodies, access road and networks that are commonly used by the communities are likely to be impacted by the Project. The impact on these CPRs is likely to result in inconvenience to the communities and also cause short or long term livelihood and other economic losses. Many of these CPRs are on public lands. Loss of Cultural Heritage Resources (CHRs): Cultural heritage resources such as religious or ceremonial sites what people want to protect, preserve and pass on to succeeding generations, typically fundamentals of cultural identity- language, history, beliefs; activities that characterize the past and are hoped to characterize the future; exceptional skills and knowledge unique to the culture. Impact on Vulnerable Communities: Land and other livelihood impacts will be most severely felt by the vulnerable and the weaker sections of the community (project affected families). These would typically include households with no land, women-headed families or families with weak, old and/or infirm members. It has been seen that displacement affects men differently from women, and if not assessed and addressed accordingly, can lead to increased vulnerabilities among the women affected by the Project. Access impacts: Typically, access related issues linked to either severance or disruption of access will result especially along the access roads and the proposed railway corridor. At most places, these access points would be either roads linking to the village or connecting internal roads leading to agricultural fields or different village settlements. Severance of Community Bond and Impact on Social Networks: Physical displacement and relocation of project affected families are likely to result in weakening of community and/or familial bonds. In Liberia where lineage defines a family s position in society, locating land in an area where another lineage dominates, could impact social well-being of these families. Page 24 of 68

25 Host Community Impacts: In case of resettlement in another community and/or village, differences in the belief, lifestyle, occupation and other social processes, coupled with increased pressure on natural resources and cultivable land in the resettlement areas, could potentially result in conflicts. Farmers from the same towns as households losing agricultural land and access are impacted through the need to share remaining land. Farmers will have to reduce fallow soil fertility cycles, increase inputs and output and have access to smaller plots to accommodate displaced farmers. Issues of Influx: Influx of people, especially migrants, linked to growth of economic opportunities is likely to result in the project footprint area. These influx issues could, if not managed well, lead to problems of security, strain on existing resources etc. leading to potential community conflicts. On the positive side, influx of populations can encourage growth of settlements and economic activity that can create more opportunities for livelihoods of the local communities. Page 25 of 68

26 4. IMPACTS OF LAND ACQUISITION The following impacts have been identified in a preliminary Phase II SIA Draft from January The impacts will require updating once the Final Phase II SIA is complete Efforts to Minimize Displacement Efforts to minimize displacement from Phase II ESIA include the following: Phase II Worker Camp / Construction Camp location was moved from original location between the Mount Tokadeh access road and the Railway to a location within the township of Yekepa. The location in Yekepa was preferable to minimize impacts from land acquisition including loss of farms, access to farms and influx on neighboring communities of Gbapa and Zolowee Impacts to Resident Households A number of squatters who have taken up residency in the former LAMCO/LIMCO housing, located in Yekepa will have to be relocated. A resettlement site will be needed and is likely to be in or near to Camp Impacts to Livelihoods The anticipated direct socio-economic impact of the Phase 2 operations is the involuntary resettlement and/or economic displacement of farmers currently residing in the areas that are planned for Phase 2 infrastructure, including TMF, water supply dam, etc. The farmers are indigenous Mano and Gio people of Nimba County who have customary use of what are considered ancestral lands. Although some farms are shifting in nature, the land-take is likely to severely affect the livelihoods of all in the communities. Pressure on land resources available for farming and access to forest products are already problematic. Having little alternative lands may accentuate existing land conflicts Impacts to Communal Resources and Public Access The land take could potentially cause removal or disturbance to indigenous cultural heritage sites. These are likely to be related to the Animist spiritual group and to the Poro and Sande secret societies. Additional vegetation clearance for Phase 2 construction and operations and access to forest areas being further restricted will restrict access to non-timber forest products (NTFP) that could have a significant effect on the livelihoods of the communities that are dependent on the forest, collecting NTFP for medicinal usage, food, firewood and for household handicraft materials. The cumulative effect could negatively affect health and further intensify high poverty and low food security levels. Mine-affected communities, communities along the railway and around the port could become impacted by the pollution of watercourses, for which they are dependent for worshipping, fishing, washing and drinking Impacts to Host Communities Impacts to host communities in the event of physical resettlement will be assessed as part of the detailed RAP planning and consultation. These are likely to be important and the needs of host communities will be accommodated alongside those of affected households in a coherent plan. Page 26 of 68

27 5. STAKEHOLDER ENGAGEMENT AND DISCLOSURE The process of community engagement is a continuous and dynamic process. The community engagement process will be tailored to provide information about the proposed activities that would be implemented in the FRAP program and subsequent component-specific RAPs. A Stakeholder Engagement Plan will be used to guide consultation and engagement with a focus on project-related land acquisition, compensation and mitigation in the Yekepa Mine Area. ArcelorMittal Corporate Stakeholder Engagement Policies The approach developed in the stakeholder engagement plan is to be developed in line with AML s corporate policies. ArcelorMittal has developed a number of policies and tools to improve stakeholder and community engagement and consultation. These include: The External Stakeholder Engagement Procedure: Which defines the minimum requirements for engaging with external stakeholders for all Company operations and subsidiaries. It is mandatory, and is to be reported at unit and corporate level as part of ArcelorMittal commitment to transparent reporting. (ArcelorMittal, 2012) The Local Community Engagement Policy for Employees and Contractors: Provides a management framework for engagement and codes of conduct with local mining communities and AML staff and contractors. (ArcelorMittal, 2010) The Liberia Corporate Responsibility Strategy: The principal objective of the ArcelorMittal Liberia Corporate Responsibility Strategy is to build and strengthen ArcelorMittal position as a corporate responsibility industry leader in mining in Liberia. In order to achieve this objective, the following secondary objectives will be pursued: Support socioeconomic regeneration and growth in our communities and Liberia in general; Develop and strengthen an internal corporate responsibility governance and operational structure; Build and strengthen partnerships with relevant industry stakeholders through proactive engagement; Internalize best practices on the environment, workplace, health, safety and good corporate governance in our business operations; (ArcelorMittal, 2010) The Liberia Iron Ore Project Community Engagement Plan which requires AML staff to build and maintain long-term relationships with community through a timely, transparent and open exchange of project information. Towards this end, AML seeks to: Gauge interests, concerns, and perceptions about its activities Seek common ground and address areas of existing or potential conflict as early as possible Identify potential social, environmental and economic improvements to the Project Manage stakeholder expectations proactively Build a foundation of trust with local communities (ArcelorMittal, 2009) 5.1. Objectives The main objectives of the Stakeholder Plan are to: Provide a consultation and information disclosure framework for the Phase 2 land acquisition and resettlement process Provide land acquisition and compensation-related information to affected population and key stakeholders. Guide communications regarding Corporate Responsibility activities with respect to the emerging Land Acquisition and Compensation Strategy (prepared with AM staff) Identify distribution and communication methods to impacted communities and representative resettlement committee (prepared with AM staff) Identify composition and mandate of key consultation groups including program consultative groups and Phase II resettlement groups Page 27 of 68

28 5.2. Stakeholder Identification In line with usual good practice, stakeholders for Phase land acquisition and resettlement have been categorized as follows: Individuals or groups that are affected or likely to be affected by the Project ( affected parties ), including: o Physically displaced people (those losing shelter); o Economically displaced people (those not losing shelter but losing means of livelihood e.g. agricultural land or access to natural resources such as fishing grounds or mangrove); o Host communities o Those who are indirectly affected by mine operations within the Concession Area (temporary land loss, competition for jobs due to influx, noise pollution, etc.) Other interested parties ( interested parties ), including the general public (civil society) and local and international non-governmental organizations (NGOs). Within these categories, individuals and groups that may be differentially or disproportionately affected by the project because of their disadvantaged or vulnerable status will require specific identification and attention. Different frequencies of consultations, methods and materials will be used according to the needs and preferences of these different groups. In total, the list of Affected Parties includes the following: Village level Physically Displaced Economically Displaced Non-Displaced, Otherwise Impacted Traditional Authority Youth Representative Livelihood Group Representative Vulnerable Group Representative Religious Group Representative Village-level Representative of Government Institutions Host communities Project level Internal (employee) Interested Parties (see Attachment 3) comprise a wide variety of people and organizations that have an interest in the ESIA process and in the Project as a whole. The list of Interested Parties includes the following: International, National, County, District and Village level Donor Organization/Project NGO Media Other Industrial Project Business Academia/Research Labour Union National level Political Leader Government Body County level Administration District level Administration Page 28 of 68

29 The list of Project stakeholders and the identification of vulnerable/marginalized groups will be continually refined and updated through the course of stakeholder engagement in Corporate Responsibility staff will seek out this information in the field. In addition, each engagement activity will be documented in a standard Consultation Form that includes areas for staff to log consultation sessions and enter information that is relevant to management of public expectations, public commitments and grievances related to the Project. Moreover, a stakeholder list is to be developed and maintained as part of the Phase II process. This stakeholder list will be incorporated into the Data Management System as well as monitoring, evaluation and reporting of stakeholder opinion. Affected Parties It is anticipated that the following communities will be directly impacted by Phase II activities. Table 2: Affected Communities and Households Town Estimated Population Household Size Bonlah Lugbeyee 1, Konlah Yekepa 5, Camp Yuelliton hamlets Gbapa 1, Makinto Sehyigeh 1, Zolowee 1, Total / Average 14, Interested Parties Interested Parties are individuals, government agencies and civil society organisations that have an interest in the project and can also be of assistance to the delivery of mitigation either as partners in service delivery, sources of information and verification of process. Table: 3 Phase 1 Mitigation Interested Project Parties Government Ministry of Agriculture Gender and Social Development Planning and Economic Development Ministry of Interior lands commission County superintendent s office Civil Society NGOs and CBOs Church groups Poro and other secret societies ArcelorMittal Senior management including Mine management, projects, Procurement, Human Resources, Environment and Engineering contractors such as AMEC and Odebrecht, Hospital As part of its commitment to healthy and transparent relationships with mine affected communities, AML has specific consultation plans for specific categories of affected people. These are categories disaggregated by type of mine impact. For example, those who experience temporary reversible impacts will receive a different level and extent of consultation than those who suffer significant adverse impacts such as loss of land and livelihood. These all follow the overarching principles stated in AML s community engagement policy. Page 29 of 68

30 5.3. Methodology Formal Meetings: Formal meetings will be held with local government and tribal authorities. These meetings will include formal public disclosure meetings to present the Resettlement Action Plan, Stakeholder Engagement Plan and accompanying ESIA, for Phase 2,to stakeholders. Agreement Negotiation Committee: The mine resettlement compensation committee with support from the LCFs will be responsible for negotiating and finalizing the compensation package for each eligible individual. One-on-one meetings: On an ongoing basis individual or small focus group meetings with affected individuals. Meetings with the Nimba county superintendent and land commissioner to exchange information will also be required 5.4. Activities to Date Previous Consultation: AML has undertaken continuous consultation since 2008 with mine affected communities both those directly and indirectly affected. To date, there have been a number of meetings in all of the mine-affected communities. During the Phase I compensation stage, consultation was intensified as verification and surveying were undertaken to ensure that all those eligible received the correct amount of compensation and that the appropriate process was followed. Key Issues Emerging from Consultations: AML s 2009 Community Engagement Plan (ArcelorMittal, 2009) [please see ArcelorMittal Corporate Stakeholder Engagement Policies in Section 5] provides an initial analysis of the different stakeholders of the project and their concerns. The analysis was done in 2009 and includes the railway and port components of the Project. Subsequent informal consultations including catch interviews corroborate the views and concerns described in the 2009 Plan. As the mitigation programs will be extended to the railway corridor communities at a later date, their views and concerns are relevant in understanding better AML s stakeholders. Information on Affected Persons issues of concern for inclusion in the Stakeholder Matrix of ArcelorMittal s Community Engagement Plan, 2009 has been gathered through an on-going series of consultation meetings at community, group, household and individual levels with separate meetings for women and other often excluded groups. Where needed these were supported by individual meetings to clarify issues and project related information. Information on issues of concern to interested parties was gathered through meetings with the organisations or groups concerned, as have the concerns of the administration in the Counties, including the following key issues: General Community Issues: o Lack of employment o Poor infrastructure o Requests for better lines of communication with AM o Requests for better employment opportunities with AM Phase 1 Mitigation Program Issues: o o o o o o Preference for further cash compensation instead of livelihood restoration Mixed views on availability of land some residents stated that there was plenty of available alternative land while others maintained that they would not be able to access any alternative land General preference for assistance in establishing small businesses such as tailoring, carpentry and masonry Others keen to establish or improve sugar cane and rice processing business with input of automated machines and credit. Concern from vulnerable residents about inclusion in programs Land - majority have preference for highland land on or near the mountains. However, a sizeable minority prefer lowland as it is better soil especially for rice. Accessibility is another reason, as some of the highland farms are more than a fourhour walk away from villages. Page 30 of 68

31 o Crops - A mixture of staples and cash crops are grown in rotation. Coffee, cocoa and rubber are the cash crops of preference. Exclusion from information and consultation is a general concern of interested parties all groups want to be involved and if resources are available, be able to access them for their groups. The Chiefs and Elders were most concerned about engagement and expressed a desire to be informed and consulted about immediate issues and to be real partners in the process. These are the heads of local communities and traditionally responsible for moderating access, use of land and community peace. As such, this Plan emphasises the importance of the local decision-making mechanisms and describes the different local processes and systems that are to be integrated into AML s Communication Plan Future Activities Information Disclosure and Activities for Phase 2 In accordance with ArcelorMittal s corporate policies and those of best practice, timely and relevant disclosure of key information must be delivered. A clear strategy, plan and schedule for the type of information to be disclosed needs to be implemented. Table 4: Stakeholder Activities for Phase 2 Information to be Disclosed Background Information Document (BID) to contain the following: Mine Project description Maps and diagrams Mine Activities schedule Consultation Process Key Milestones Key Contacts Distribution Schedule and Method As soon as final Phase 2 project description can be disclosed. Three page leaflet with nontechnical language. Posted on all AM community noticeboards and orally presented to communities. Stakeholder(s) Mine affected Communities County superintendent Mining Resettlement Committee Communities within concession Copy to Radio Nimba and other news media. Resettlement Framework Plan to include: AML commitments to mitigation and compensation Livelihood restoration Entitlement framework Draft Schedule Phase 2 Stakeholder Management Plan. Regular project updates: As soon as final Phase 2 project description can be disclosed. Summary to be posted on AM community noticeboards As soon as final Phase 2 project description can be disclosed. Summary to be posted on all AM community noticeboards and orally presented to communities. Written key messages Oral Presentations in community Radio Nimba presentations Mine affected Communities County superintendent Oral Presentation on Radio Nimba Mining Resettlement Committee Mine affected Communities County superintendent Oral Presentation on Radio Nimba Mining Resettlement Committee Mine affected Communities County superintendent Mining Resettlement Committee The process of community engagement is a continuous and dynamic process. The community engagement process will be tailored to provide information about the proposed activities that would be Page 31 of 68

32 implemented in the RNC program. The following engagement levels and communication strategies are envisaged through the resettlement process: Summary of Key Future Activities and Stakeholders The types activities and information will change and evolve with the development of the Phase 2 works. However, there are some standard processes that will need to be followed.. The table below outlines the types of meetings and consultations that ArcelorMittal will need to arrange; for materials to be distributed please see Table 4. Table 5: Sample Meetings Issue Project Update and Overview of Phase 2 Works and Impacts Project Update and Overview of Phase 2 Works and Impacts Discussion and disclosure of Resettlement Plan for Phase 2 Stakeholder(s) Individual meetings with the following: County Superintendent s Office Staff MRCC Land Commissioner Community/Group meetings with the following: Tribal Authorities LCFs of affected communities Affected Communities Livelihoods NGO Individual Meetings with: Estate Manager for Yekepa Camp to include discussion of housing Group Meetings with: Tribal authorities Affected Communities MRCC and Land Commissioner Page 32 of 68

33 6. COMPENSATION FRAMEWORK 6.1. Objectives Planning of the compensation framework is guided by the following objectives: Restore and improve the livelihoods and welfare of physically or economically displaced peoples and households such that they are equal to or better off than before displacement; Provide fair compensation that equals or surpasses the replacement cost of impacted assets and activities and includes equal or higher quality housing and infrastructure; Provide timely compensation, including access to replacement land and housing, in advance or at the time of the project s land take and displacement; and Establish mutually acceptable and fair policies, procedures, compensation rates and mitigation measures processes through consultation with project affected people and their representatives Legal Basis The Compensation Framework follows the principles of the Liberian Constitution, the World Bank Operational Policy 4.12 used in the Equator Principles and the IFC s Performance Standards on Social and Environmental Sustainability. The Constitution assures the right of private title deed holders to compensation if the Government of Liberia needs to acquire any land for public purposes and works. The concession area ownership remains with the Government of Liberia except where land is already owned under title deed. Non- Liberian private entities may also enter into access and compensation agreements with statutory or customary land holders for a defined period of time. The Liberian State may expropriate privately-held property for public purposes. At the conclusion of expropriation proceedings, the landowner will be eligible for just compensation rates as established by the State and will not receive the rates defined below for the transfer of land and/or house title Eligibility Project affected people will be eligible for compensation and other assistance if they have a legitimate interest in immoveable assets or livelihood activities in the Project Footprint that were in place i.e., planted or constructed at the time of the project s asset inventory survey. In accordance with international norms on resettlement and land acquisition, a legitimate interest may include: Titled property ownership and legal land use rights recognized in national legislation; Informal or traditional property ownership and land use rights that are recognizable according to national legislation; Holders of tribal land certificates (the first step towards alienation of customary land to individual fee simple title); and Occupation and use of land and assets that is not legally recognizable. Immoveable assets comprise: Land cultivated land, grazing land and residential plots; Structures household residential structures (for living, sleeping, cooking, storing of personal effects) and non-residential structures (barns/pens, field kitchens, stonewalls/fences, garages, outbuildings, wells, irrigation structures), as well as commercial, institutional and communal buildings; Crops food, cash and tree crops; and Roads all government recognized roads. Page 33 of 68

34 In practice, the entitlement cut-off date as applied to each project affected household is the date upon which the survey teams administer the census, survey and asset inventory for that household. Encroachers arriving and/or establishing assets after the cut-off date are not entitled to assistance. Legitimate interest in immoveable assets at the household level is usually held by a single member: the household head. In some cases, the legitimate interest may be held jointly, i.e. by the household head and his/her spouse, or with other members of the extended family. Wherever possible, compensation (including title) will provided to household as a whole or directly to affected women, as in the case where female-led economic activities are affected. Further eligibility criteria specific to each entitlement are set out in Section 6.4 and Table 6.1 below Entitlements The entitlements outlined in Table 6.1 and the subsequent sections of this chapter represent policy that accords with national legislation and international norms and may be applied by AML in compensation negotiations with affected community representatives and individual households. Table 6: Entitlement Matrix Definition of Type of Loss Entitled Persons Houses and Structures Loss of residential Legal owner or structures recognized holder of structure Loss of nonresidential structures Squatter in ArcelorMittal Liberia housing or other buildings Tenant/ Lessee Legal owner or recognized holder of structure Compensation Policy In-kind replacement residential structure constructed by the project; OR If alternative housing can be demonstrated, cash compensation for full or partial loss of structure at replacement cost plus 25% with no deduction for depreciation; If new house built, at least 2 bundles of zinc roof sheets grade 32+; Right to remove salvageable materials Relocation Cash Compensation equivalent to value of improvements to Yekepa Township domicile; Assistance to identify alternative accommodation; Rental stipend if choosing to rent new accommodation OR Assistance with gaining title to new plot of land and registration of survey with Ministry of Energy, Lands and Mines; Starter housing unit options either: i) self built ii) contractor built; Cost for starter unit housing at value of maintaining Yekepa housing; Starter housing design compliant with Estate Regulation, 2010 (Ministry of Public Works); Site and service options for provision of roads, footpaths, water pipes, sanitation according Zoning Law, 1968 (Ministry of Public Works). Rental stipend equivalent to 2 months rental in previous house Cash compensation for full or partial loss of structure at replacement cost plus 25% Page 34 of 68

35 Type of Loss Loss of commercial premises Loss of community buildings and facilities Loss of government infrastructure and facilities Loss of sacred and religious sites Land Permanent loss of private agricultural and forestry land Loss of private residential land Temporary loss of private land Loss of communal land (e.g., grazing land, forests) Definition of Entitled Persons Owner of commercial plot as recorded at cut off date Tenant/ Lessee Squatter Local community or group Relevant agency Local communities Owners or recognized holder of land through holding of a registered tribal certificate Sharecroppers/ tenants Customary users of agricultural land Owner or recognized holder of homestead Owners or recognized holder of land Sharecroppers/ tenants Customary user Customary user Compensation Policy Cash compensation at replacement price at market value plus 25% with no deduction for depreciation Rental stipend equivalent to 2 months rental in previous location or equivalent market value Restoration to previous condition or replacement in suitable areas in consultation with affected communities and relevant authorities. Facilities will be replaced or repaired in consultation with the relevant Department of Ministry Buffer zones and protected access, where possible; Where direct impact is unavoidable, careful and sensitive negotiations with communities to negotiate loss, relocation or replacement of sacred sites of importance to local people. Full funding and provision for any procedures required for loss or relocation. Assistance to purchase alternative land OR Cash equivalent at full market price plus 25% Land Registration fees for replacement land will be paid by the project. Sharecroppers/ tenants will be assisted to find alternative land nearby or, if this is not forthcoming, will be offered preferential employment. Customary land users will receive assistance to be allocated customary land nearby through the livelihoods programme. Replacement residential plot OR Cash compensation at replacement cost for land lost Land Registration fees for replacement land will be paid by the project. Cash compensation for production losses for the duration of the temporary occupation and disturbances and damages to property Land will be returned to its original owner / holder at the end of the temporary acquisition, restored to its original condition. PAFs will sign a temporary occupation contract specifying: Period of occupancy Formula for calculation of production losses Frequency of compensation payment Compensation for other disturbances and damages to property Land protection and rehabilitation measures Acquired land will be returned to the owner in original or better condition Recognized collective access to alternative communal lands within Land Access Program Assistance with improvement of alternative communal lands within Livelihoods Program / Offset Program Page 35 of 68

36 Type of Loss Livelihoods Loss of land-based livelihood Loss of trees and crops Loss of income and household support through access to grazing land, natural resources, forest products, etc. Loss of income through loss of business Loss of income through loss of mineral exploration sites Allowances Displacement of household Definition of Entitled Persons Livelihood activities reliant on affected immoveable assets or access in Project Footprint Planter/ owner of the crop itself, regardless of land tenure Household member deriving items for household consumption or sale for income from communallyaccessible resources Project Affected households or individuals Holders of mining licenses Miners Resident household (legal owner, tenant, squatter) Compensation Policy Participation in livelihood restoration and assistance programs, to be defined in consultation with PAFs Cash compensation for crops and productive trees based on replacement cost study undertaken by the project Right to harvest existing crops Restoration of access to alternative community resources through community negotiation Participation in alternative income generation programmes to replace hunting incomes / bush meat exploitation, promote alternative tree, plant and other herb sources, etc. through the livelihood programme Cash Compensation for assets and lost opportunity costs; Relocation assistance to move business to alternative location; Registration within Livelihoods Program. Refund of Mining License Access to livelihoods replacement programmes where desired Access to livelihoods replacement programmes where desired Housing Displacement Allowance including relocation assistance or rental stipend, if necessary (see houses and structures) Displacement of business Transportation Allowance Physical and/or economic displacement Cost of opening bank account Loss of time spent proving land ownership and negotiating compensation and opening and for one time use of bank account Legal owner, tenant, squatter PAHs PAHs Project Affected Person Affected family household heads, community representatives Business Displacement Allowance equivalent to lost opportunity costs for business Transportation allowance or transportation assistance by the project to move salvageable materials and belongings (this may be two truckloads or cash equivalent) Preferential employment for one household member as unskilled labour for a minimum of one year US$ 10 per beneficiary receiving compensation through a new bank account plus travel expenses at cost Cash compensation equivalent to cost of food and transport plus minimum daily wage equivalent at $3/ day for the number of days spent on project related administration including opening and accessing for the first time only a bank account Page 36 of 68

37 Definition of Type of Loss Entitled Persons Rehabilitation Measures/ Social Development Assistance Severe loss of PAHs, Vulnerable assets directly due Groups to the project, and severe impact indirectly caused by the project Vulnerable social categories Vulnerable adults 18 years + in affected villages Damage caused during construction Any damage to PAHs, affected assets communities Compensation Policy Counselling regarding project impacts, compensation alternatives and risks and resettlement options where required. Registration within Land Access and Livelihoods Program with NGO support Assistance commensurate with Vulnerable People s Program Where damage does occur as the result of construction works or activities, the contractors will be required to pay compensation immediately to affected families, groups, communities or the Government for damages to crops and trees. Damaged land, infrastructure and structures shall be restored to their previous conditions. The same entitlement policies shall apply as for other land acquisition impacts. As part of all compensation agreements, the Company will pay for all transaction costs, filing fees, legal fees, taxes, etc. required to pass legal title of land and homes to the relevant household. Page 37 of 68

38 7. LIVELIHOODS RESTORATION 7.1. Livelihood Restoration in Resettlement A Livelihood Restoration Program has been implemented as part of the Phase I RAP. The Livelihoods Restoration Program will extend to include those households experiencing loss or impacts on livelihoods. The Land Access Program is the Livelihoods sister program and focuses on the land access component of project impact mitigation management. All project affected communities and households experiencing loss of land or loss of access to land will be registered within the Land Access Program. Livelihood restoration measures that build on and/or enhance existing livelihoods of the communities impacted are a significant aspect of a resettlement mitigation strategy. Packages are developed including specific actions to enable people to restore and where possible enhance their existing livelihoods, or to allow them to develop new skills and capacities suited to alternative livelihoods. Restoration measures are tailored to the specific needs of the individual, household or community and/or lineage as well as other considerations such as maximizing productivity of existing livelihood options, agro-climatic zones, linkages to procurement and entrepreneurial development programs. The livelihood restoration programs will emphasize specific provisions for vulnerable groups including women and disabled persons (see Section 8). The livelihoods program will also mitigate for access to land and other resources to ensure project affected households are no worse off and preferably better than before the project Impacts to Livelihoods in the Project Area The largest impact on livelihoods will be the displacement of farming activities and the losses of plantations and trees. The most widely cultivated tree crops are plantain and bananas. These form important sources of both subsistence and income earning production, especially for poorer farmers for whom this is the sole source of cash income generation. A few households own stands of fruit trees coconut, kola, other fruits and sugar cane. In general, it was found that men are more likely to own tree crop stands whilst women are more likely to have subsistence crops. Other agricultural activities taking place are upland and swamp rice, cassava, peppers, bitter balls, okra, eddoes and green leafy vegetables. Rice, cassava, vegetables and relish or seasoning plants are generally grown for home consumption. It was beyond the capacity of the socio-economic survey to investigate rates of agricultural production for subsistence production. There is a scarcity of income earning options available to all households, especially those from rural towns where sales of agricultural production are the most frequent sources of income and where opportunities for formal and informal employment are few. Phase1 DSO ESIA consultations found that households in Sehyigeh were involved in mining rough garnets and tourmaline. Likewise some households in Gbapa were found to be involved in artisanal diamond mining. Non-agricultural incomegenerating opportunities are fewer for women-headed households and lowest for women in maleheaded households. Incomes from agricultural production are, on average, lower than agricultural wage labour or small business activities, and in turn these are lower than for formal employment (Scott Wilson/URS, 2010). Skill levels are very low in the area with only a few individuals (mostly men) with skills in bamboo and reed crafts; carpentry; masonry; and house construction skills. Many women and a few men are involved in preparing food for sale and a handful of men and women claim to have soap making skills. Other skills include a mechanic, a teacher, and people with experience as teachers, nurses, nurse aids, birth attendance, and business experience, though these skills are all rare (Scott Wilson/URS, 2010). Page 38 of 68

39 7.3. Restoration Programs Livelihoods Program The Livelihoods Restoration Program details the Company s committed activities towards impact mitigation stemming from Project activities. It has been prepared in compliance with national requirements and international standards including the IFC s social safeguards, particularly Performance Standard 5: Land Acquisition and Involuntary Resettlement. The Goal of the Livelihoods Restoration Program is sustainable livelihood of Project Affected Persons and households at or exceeding pre-project levels through the harnessing of local economic development associated with the Project. The objectives of the Program include: Provide a menu of livelihood restoration activities for land-, wage- and enterprise-based activities to project affected persons Provide literacy, financial literacy and business plan training to project affected persons regardless of livelihoods training Ensure technical skills training targets identified needs within long-term operations work Ensure small business increases access of affected persons to Company procurement opportunities and other local procurement opportunities Increase overall agricultural production within affected communities and decrease incidence of food insecurity Link local agriculture production with larger export market opportunities Land Access Program Facilitating land access represents one component of AML s commitments established within the 2011 Yekepa Mine Area Resettlement Plan and its commitment to complying with international best practice, in particular, IFC Policy and Performance Standard 5: Involuntary Land Acquisition and Compensation. The Land Access Program needs to be read in conjunction with the Mine Area Resettlement Plan (2011) and Livelihoods Program contained within this Social Impact Mitigation Plan. The Program goal is to facilitate access to land for compensated farmers and in doing so mitigate loss of land and loss of access to land from Project activities. The Program objective is to plan, facilitate and monitor land access to mitigate the consequences of lost land or loss of access to land for those persons, households or communities directly compensated by the Project for improvements to the land (i.e., crop compensation) towards the full or partial re-establishment of land-based livelihood activities. It also recognises the impact of reduced land availability on other farmers in the same community by including them in the programmes. Other objectives include: Ensuring food security is retained within the Project Area Improving access to and productivity of agricultural areas within the Project Area Ensuring women-headed households are supported within the Program Page 39 of 68

40 8. VULNERABLES 8.1. Vulnerability in Resettlement A Vulnerable Person s Program has been developed as part of the Phase I RAP. Those households that will be adversely impacted to the point of vulnerability by the Project will be registered within the Program. Any community is vulnerable to the shock of broken attachments to land, jobs, markets and social life that are related to resettlement. Such impacts take a toll in the form of economic and social set-backs. Individual persons and households weather these setbacks differently. Some recover fully in a few months. Most recover partially during a transitional period of one or more years. Some never recover. Persons, households, and even entire communities are predisposed to the adverse affects of resettlement due to pre-existing conditions of extreme poverty. These pre-existing conditions may be due variously to age and disability, economic disadvantage, or marginal social status. Because of these conditions, some households may not have access to compensation or be able to participate in resettlement development programs; some households may not own land, buildings, or enterprise; or, some households may be crowded out by more powerful elements in the society. Such pre-existing conditions provide reliable indicators of vulnerability to Project impacts, as well as reliable indicators of the degree to which severe impoverishment is likely to occur during a resettlement. The degree of set-back for most persons, households and communities is commonly fortuitous: e.g., one household, all of whose cropland is taken, will be more severely affected than a household with comparable landholding that loses only half its cropland. As such, the sources and variations of impact and debilitating shock are so varied as to require a case-by-case approach for remediation Vulnerability in the Project Area Women and Children It is recognised that gender equality is lacking in Liberia and women have disadvantaged socioeconomic roles and status. Described by Dolo: equal opportunities for all especially within the gender realm has not existed in Liberia to the fullest, (2007). Women have limited access to assets and productive resources, owing both to legislation and to social norms, and employment opportunities are limited as a result of disadvantaged schooling and the cultural expectation to perform domestic responsibilities. Furthermore sexual abuse and gender based violence is prevalent in Liberian society as recognised by United Nations Resolution 1885 (2009). All these factors have grave negative implications on the economic and social development of women and society, and women therefore constitute a vulnerable group, in particular, in rural communities. This is of particular importance as the civil war left many female only headed households. Domestic work is almost universally done by women and children; men tend to get involved in domestic work only if there are no active, adult women in the household. Children are expected to assist in domestic tasks as soon as they are capable. Disability It is also recognised that people with disabilities are a vulnerable group. When the baseline surveys requested information on disability, the data received suggested that there might be a level of underreporting, most probably owing to the social stigma attached to disability. Community consultations revealed that elderly people were identified as potentially vulnerable, especially those elderly whose families had moved away, as they were unable to farm and therefore feed themselves. Page 40 of 68

41 Three men and women were reported as disabled and unable to work, one from each of three villages. This is less than 0.1% of household members from the survey area. Anecdotal evidence suggests that there may be groups of differently-abled people in communities, but that they are assisted within families and communities, and sheltered from public interest. Community consultations further corroborated that elderly and disabled people were looked after and given consideration by the community Potential Vulnerable Persons Assistance Measures The goal of the Vulnerable Persons Assistance Program is to provide a safety net for those households directly impacted by the Project. The objective of the Vulnerable Program is to identify, assess, support, remediate, and follow-up with Project-affected households experiencing severe transitional hardship as a result of direct Project impacts. Households (family units that reside together and share the same bowl) identified as vulnerable are eligible for support. The endpoint of support from the Vulnerable Program is household self-sufficiency: specifically, a place to live and the means of income, food security, access to medical care, and education. As a safety net, this program should not be expected to eliminate all poverty at the household level in Project affected households. The Vulnerable Program is one expression of AML s commitment to meet the standards of international best practice for resettlement. The Program is the realization of a commitment specified in AML s Resettlement Plan see (ArcelorMittal, 2010). Page 41 of 68

42 9. RESETTLEMENT PLANNING Consultations will be undertaken with the government authorities to plan and mobilize the RAP process for each Project component. This will include: inputs into the legal instrument that will be triggered for the FRAP of specific components; review and approval of the FRAP review and approval of the survey instruments to be used for the census survey and asset inventory; on-going discussions with relevant ministries on the finalisation of the FRAP and RAP components. Prior information to potentially impacted persons will be provided through a simple communication dossier covering the following: Framework RAP and its key provisions; typical activities that would be carried out during the implementation of the FRAP process (baseline survey, land survey, asset evaluation etc.); grievance procedures; schedule of events and actions; what can the community expect; request for cooperation. Consultations during the household and community survey will profile the land tenure and livelihood patterns of the community, and also seek their feedback on various issues, including alternate livelihoods, resettlement preferences. This will help develop the FRAP entitlement matrix for specific Project components. Consultations will also be held during negotiations for household level entitlements and reaching agreement on various aspects of compensation and livelihood restoration. There will also be ongoing consultations during the implementation of the FRAP Resettlement Implementation Free, prior and informed consultation and disclosure will continue during the implementation of resettlement for specific Project components. Such consultations will take the form of community-level meetings to track the progress of mitigation measures and feedback on the adequacy, process and effectiveness of the same. Future land acquisition for the Project will be guided by the preparation of a detailed Resettlement Action Plan (RAP). The RAP will comprise the following components: A social baseline and census of directly impacted households A compensation and entitlement framework that establishes who and what is to be compensated An impact list and survey of all affected assets A livelihood restoration program for directly impacted households A process to identify and assist disadvantaged or vulnerable households Agreed upon resettlement plan in the case of physical displacement A detailed budget and work plan for the resettlement A monitoring and evaluation framework. Page 42 of 68

43 10. GRIEVANCE MANAGEMENT A grievance management process is required to receive and address specific concerns about the land acquisition process that are raised by those affected, as well as other resettlement stakeholders, in a transparent, constructive, timely, confidential (if desired), culturally appropriate and accessible manner. A designated grievance management officer is required as part of the land acquisition team to manage the above. Depending on the scope and scale of the land acquisition process, this may or may not be a full time position. Ideally, as with the stakeholder engagement program, the grievance management process undertaken in support of the land acquisition process should complement but remain distinct from the broader, project-wide grievance management program, which ArcelorMittal employs within its project sites Objective The objective of the Grievance Procedure is to put in place a formalized mechanism to manage complaints and grievances if any arise out of the land acquisition and resettlement process. The application of the Grievance Procedure is expected to result in minimization of the social risks and reduce conflict and strengthen the relationship between the Project and the communities. AML has prepared a Grievance Procedure which will be revisited based on PAP input and monitoring and evaluation to improve the Project s performance regarding management of community grievances. The specific objectives of this Grievance Procedure are to: Provide a channel for the project affected persons and communities to voice their concerns in an efficient and transparent manner. Establish a transparent and mutually respectful relationship with the project affected persons in particular and the communities and other stakeholders in general. Minimize community conflict by addressing issues through systemic change. Create a culturally acceptable and accessible process to allow the project affected persons and communities to raise their issues, concerns, problems, and claims. Build operations accountability for community issues. Implement a process through which grievances can be resolved effectively, constructively and in a timely and transparent manner to avoid lengthy disputes General Principles The fundamental principles underlining the Grievance Procedure are: the process for grievance resolution will be transparent, in harmony with the local culture and in the appropriate language; channels of communication regarding the grievance will remain open throughout the process; every project affected family and stakeholder group will have access to the Project s Grievance Procedure at no cost; all complaints and grievances will be registered in the Social MIS whether they are factual or perceived; all claims warrant discussions with the complainant and a site visit to gain a first-hand understanding of the nature of the concern; response to the grievance and its redressal will be prompt Likely Types of Grievances and Disputes The land acquisition and resettlement process is likely to result in the following types of disputes, complaints and grievances: Page 43 of 68

44 Project affected people raising grievances regarding eligibility criteria, compensation rates, and location of resettlement sites. Misidentification of assets or mistakes in valuing them. Disputes over plot limits, either between the affected person and the Project, or between two neighbours. Dispute over the ownership of a given asset (two individuals claim to be the owner of this asset). Disagreement over the valuation of a plot or other asset. Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset. Damage to crop land, not previously covered in the planned land acquisition. Damage of community asset e.g. walls, not previously covered in the planned physical displacement process. Commitments made by AML that were not kept e.g. promises made to build community infrastructure not respected by AML. Disagreement over resettlement measures, for instance on the location of the resettlement site, on the type or standing of the proposed housing, or over the characteristics of the resettlement plot. Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements. Unfair treatment or inappropriate behaviour by project staff and/or team. Lack of response or follow-up by the project staff and/or team The Grievance Procedure AML has a general grievance mechanism in place, which can be used for the mitigation programs and should be linked to the stakeholder consultation database information in order to track trends and important issues. The mechanism involves the following: Step 1: PAPs approach the Community Liaison Officer (CLO) or the Community Liaison Assistant, discuss the problem and seek to find a solution. Step 2: If no understanding or agreement can be reached, the CLO will assist the PAP to approach the LCF. Step 3: If no understanding or agreement can be reached, the CLO will assist the PAP to file the complaint with the Grievance Redress Committee (GRC) formed at District level. Complaints of PAPs on any aspect of acquisition, compensation, relocation or unaddressed losses can be settled verbally or in writing with the GRC. The complaint can be discussed in an informal meeting with the PAP by the concerned personnel to settle the issue at District level. The AML Project Engineer, the Community Liaison Officer, Chiefs and community leaders and NGOs working in the District will also be involved in the consultation process in this regard. A response is expected within 15 days of application. Step 4: If PAPs are not satisfied from the response of District level GRC member, the PAPs can appeal to the District or County Superintendents, as is current administrative process. The County or District Superintendent will make a decision within 15 days of registering the appeal. Steps 5: If PAPs are not contented with the decision of District or County Superintendent, or in the absence of any response of its representatives, within 35 days of the complaint, the PAP, in his/her last resort, may submit its case to the District/ County Courts. Page 44 of 68

45 11. MONITORING AND EVALUATION Overview The Project will conduct monitoring and evaluation to track the implementation of land acquisition and resettlement activities. The monitoring and evaluation will give particular attention to changes in socio-economic and living conditions among project affected households, especially vulnerable groups. Monitoring and evaluation will be carried out by both AML and an independent consultant who will work closely with the project-affected persons. Monitoring and evaluation will provide AML and project affected persons with timely, concise, indicative and relevant information on whether: Compensation, resettlement and development investments are on track; Grievances are responded to and addressed appropriately; and Corrective actions are required Monitoring Monitoring will be done by: Internal monitoring by AML as a regular part of its business management, such as cost and budget management, and; External monitoring by third party/independent experts working directly with the impacted communities. Project affected households will participate in monitoring and evaluation activities, including on a monthly basis during implementation of a RAP until complete land take by the company and/or relocation of all physically displaced households to replacement housing. A variety of indicators will be used to track and monitor the resettlement process. These include: Input indicators measuring time and resources used to carry out the RAP (i.e. costs of the resettlement, training or economic development programs); Process indicators measuring how well the process is going (i.e. timeliness of activities; effectiveness of engagement mechanisms); and Impact indicators measuring the final impacts of the RAP and mining activities. Key performance indicators will be identified by AML in consultation with project affected households. The indicators to be monitored monthly may include the following: Consultation activities and participation: o Number of formal consultation activities held o Number of attendees at consultation activities o Number of women attending consultation activities; Grievance management: o Number of grievances recorded by AML; o Number of grievances resolved or closed; o Percentage of grievances outstanding; Livelihoods restoration and community development program participation o Number of individuals and households participating in community development programs; o Activities ongoing Health and safety; Housing; o Number of plots made accessible to home construction; o Number of new homes completed and occupied; New house maintenance costs; Community cohesion; and Level of satisfaction of project affected people. Page 45 of 68

46 Additional key performance indicators to be monitored biannually may include: Financial capital (incomes and expenses): o Primary sources of income by household; o Monthly household income, by category; o Monthly household expenses, by category; Levels of and access to employment: o Participation rate; o Unemployment rate; o Percentage of households with no members in employment; o Number of project affected persons employed by AML; Land-based livelihoods and land access; o Percentage of households using replacement land for commercial or subsistence agriculture; Generation of small business enterprise; o Number of small businesses operated by project affected persons; Housing and infrastructure conditions; o Number of people residing in resettlement community/communities (including per unit). External consultant impact monitoring will focus on the degree to which affected people s livelihoods, standard of living, and general welfare are being impacted, restored or improved as a result of the project Evaluation Quarterly evaluations will be conducted to determine: Compliance of RAP implementation with the laws, regulations, and applicable international best practices; and Resettlement impact on project affected households standard of living. The evaluations will be accomplished by an independent resettlement consultant chosen on the basis of hands-on experience and proven ability to make useful recommendations. Page 46 of 68

47 12. WORK PLAN AND ORGANISATION ArcelorMittal is committed to ensuring land acquisition and compensation is negotiated according to the principles of free, prior and informed consultation. Towards this end, ArcelorMittal will provide sufficient time dedicated to the planning, preparation, negotiation and implementation of a Resettlement Action Plan in a Work Plan as set out in each component RAP and commit funds for entitlements, livelihoods and associated administrative or management costs within a Resettlement Budget. Resettlement timelines will be established within each component RAP providing sufficient lead time for effective resettlement planning and negotiation. Resettlement planning shall be initiated as soon as possible in the project cycle. The following comprise general guidelines for resettlement planning and execution: Resettlement planning will comprise preparation of a draft Resettlement Action Plan, prior to consultation and engagement with affected communities (time estimate 3 to 4 months) Resettlement negotiations will consist of engagement about the resettlement process, selection of a resettlement negotiation committee, preparation of a negotiation plan, actual negotiations, agreements and eventual ratification of the draft RAP (6 to 9 months) A Census and a socio-economic survey of affected households will be carried as well as a physical survey to identify impacted assets. The process and approach for the surveys should be agreed to in the resettlement negotiation committee. (3 to 4 months in parallel with negotiations above). Once Census and baseline is complete and compensation, resettlement planning and livelihood restoration programs are agreed to with the community the RAP will be finalised and disclosed to the public. In the case of physical resettlement, alternative land will be acquired and construction of resettlement houses completed prior to the acquisition of domiciles. Sufficient notification shall be given to ensure crops can be harvested and alternative land prepared in advance of acquisition of farm land. Livelihood restoration programs will be offered to affected households at the time of compensation payment as agreed to in the RAP. Other RAP components including a grievance process, monitoring and evaluation and consistent engagement will be initiated upon completion of the RAP. A conceptual Team responsible for community outreach, resettlement planning and negotiations on behalf of the Company is presented below. The organisation of resettlement planning and negotiations will also make reference to the government agencies that are required to be part of the resettlement process. Currently, ArcelorMittal has female representatives to conduct outreach, data collection and analysis as well as a dedicated Manager to lead the resettlement process. In addition to these, ArcelorMittal has dedicated the following resources to the Phase II resettlement team: An AML Resettlement Coordinator to oversee preparation of the Resettlement Action Plan, negotiations on Phase II eligibility, entitlements and compensation, oversight of asset and census surveys and payment / delivery of compensation / mitigation programs. An AML Land Access Officer responsible for establishment or alignment of replacement land access for physical and economic displacement and to manage a working group on viable land access alternatives for both rural (e.g., loss of farmland) and urban (e.g., Yekepa Relocation) displacement. An AML Livelihoods Officer to oversee identification and agreement of livelihood restoration activities and alignment within Phase I livelihood strategy including but not limited to agriculture, Small Medium Enterprise development, a local employment strategy and skills and capacity training for directly impacted persons An Assistant to identify cultural heritage impacts and assist in the Resettlement Officer in negotiating relocation or compensation Page 47 of 68

48 An Assistant to identify potentially vulnerable households and bridge Phase II households within the Phase I mitigation program Database Coordinator to facilitate data management and data flow from the stakeholder engagement, surveys and Census, thematic mapping and data requirements for RAP preparation. During resettlement planning, it is envisioned that AML would use the assistance of a number of local sub consultants or contractors to assist in the administration of the surveys and data entry, possible identification of urban resettlement sites and plans of settlement (e.g., legal titles), an appraiser in the event third party review of structure evaluation is required, an agronomist to establish current market rates for crops (e.g., improvements to the land), and a legal advisor to review eligibility and entitlements. AML will also benefit from a full time advisor on resettlement to ensure compliance with international best practice, database advisor to ensure effective use of the Data Management System, livelihoods advisor to establish appropriate consultative-based mitigation program and planning and design advisor to assist in identification of possible relocation sites and to conceptualise possible settlement plan to properly allocate land titles. Organizational and institutional requirements behind Implementation of the component resettlement plan will be established within the same. BIBLIOGRAPHY ArcelorMittal. (2012). External Stakeholder Engagement Procedure. ArcelorMittal. (2010). Liberia Corporate Responsibility Strategy. ArcelorMittal. (2009). Liberia Iron Ore Project:Community Engagement Plan. ArcelorMittal. (2010). Local Community Engagement Policy for Employees and Contractors. Bank, World. (n.d.). web.worldbank.org.liberia. Retrieved March 30, 2012 Scott Wilson/URS. (2010). Western Range DSO Iron Ore Project Volume 5, Part 1.1:Socio-Economic Baseline Study. Page 48 of 68

49 Figure 1: Conceptual Resettlement Team Page 49 of 68