STRATEGIC CITIES DEVELOPMENT PROJECT (SCDP) Resettlement Action Plan. Greater Galle City Development Project

Transcription

1 STRATEGIC CITIES DEVELOPMENT PROJECT (SCDP) Resettlement Action Plan of Greater Galle City Development Project Funded By World Bank and Ministry of Defense and Urban Development Government of Sri Lanka Prepared by Professor K. Karunathilake, Dr. M.G.Kularatne, Ms. Kumudu Sumeda, Dr. Chaminda Abesyinghe Consultants/Social Development University of Kelaniya Sri Lanka Acronyms 1

2 BP CBO CCD CDO CEA DDR DMS DPR DS EA EIA EM FC GMC GN GOSL GRC GRM IEE IGP KMC LA LAA LAR LARC LDO LRC MOD&UD NCW NEA NGOs NIRP NPSC OP PAA PAP PAF PAH PD PIC PIU PIB PMU PPAs PPU R&R RAP RDA RoW RPF SA Bank Procedure Community Based Organization Coastal Conservation Department Community Development Officer Central Environmental Authority Due Diligence Report Detail Measurement Survey Detailed Project Report Divisonal Secretariat Executive Agency Environmental Impact Assessment Entitlement Matrix Family Card Galle Municipal Council GramaNiladhari Government of Sri Lanka Grievance Redress Committee Grievance Redness Mechanism Initial Environmental Examinations Independent Grievance Panel Kandy Municipal Council Land Acquisition Land Acquisition Act Land Acquisition Regulation Land Acquisition and the Resettlement Committee Land Development Ordinance Local Resettlement Committee Ministry of Defense and Urban Development National Committee on Women National Environment Act Non-Governmental Organizations National Policy on Involuntary Resettlement National Project Steering Committee Operational Policy Project Approving Agency Project Affected Persons Project Affected Families Project Affected Households Project Director Public Information Centre Project Implementation Unit Public Information Booklet Project Management Unit Project Partner Agencies Project Preparation Unit Resettlement and Rehabilitation Resettlement Action Plan Road Development Authority Right of Way Resettlement Policy Framework Social Assessment 2

3 SCDP SCSF SIA SDO SLLRDC SM SMF S/MOD &UD UDA UNCEDAW UNESCO WB Strategic Cities Development Project Strategic Cities Stakeholder Forum Social Impact Assessment Social Development Officer Sri Lanka Land Reclamation & Development Corporation SamathaMandalaya Social Management Framework Secretary Ministry of Defense and Urban Development Urban Development Authority United Nation Convention on the Elimination of all forms of Discrimination Against Women United Nations Education, Scientific and Cultural Organization World Bank GLOSSARY OF TERMS Affected Person: Any person who, as a result of the implementation of SCDP etc., loses the right to own, use or otherwise benefit from a built structure, land(residential, agricultural, commercial) 3

4 annual or perennial crops and trees, or any other fixed or movable assets, either in full or in part, permanently or temporarily. Business Owner: A person who owns or conducts a business within the project-affected area, the operation of which may be disrupted by the construction work under the project. S/he can be a legal owner, non-titled structure owners, or tenant and will receive different compensation and R&R packages as per the EM. Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut-off date: The Cut-off date for eligibility for entitlement for the titleholders is the date of notification under the LAA and for non-titleholders is the date of resettlement impact survey. Persons who encroach on the area after the cut-off-date are not entitled to claim compensation or any other form of resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and wood lots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Encroacher: Someone who has illegally expanded, or extended the outer limit of his private premises beyond the approved building line or agricultural land and has occupied public space beyond his/her plot or agricultural land. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution and relocation which are due to affected people, depending on the nature of the their losses, to restore their economic and social base. Host Population: People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement. Involuntary Resettlement: Resettlement is involuntary when it occurs without the consent of the displace persons or if they give their consent without having the power to refuse resettlement. Implementation Schedule: Timeframe of activities of the project Income Restoration: Re-establishing income sources and livelihood of people affected. Land Owners: Owners of land with or without trees, crops or structures affixed to the land with clear title in government records. In some exceptional cases, a person who owns land/s within the project-affected areas regardless of proof of such ownership will also be entitled, provided that such ownership is recognized under law. In such cases, special decisions will be taken by the LARC in consultation with the local authority, and the community. Non-Resident Land and Structure Owners: Legal land owners who are not in possession of their land either because they have rented or leased out their said land and property affixed to it, or such land has been taken possession of by any other person. 4

5 Protected Tenants: Tenants occupying a legal property, commercial, or residential and are protected under the Rent Act of 1972 or its later amendments which prevents the land owners from evicting them or increase the rent at their own will. Relocation: Rebuilding housing, assets including productive land and public infrastructure in another location. Rehabilitation: Re-establishing incomes, livelihoods, living and social system. Replacement Cost: The rate of compensation for lost assets should be calculated at full replacement cost. The replacement value is the cost that is adequate to purchase similar property of same quality in the open market plus transaction cost.. Resettlement Action Plan (RAP): The document in which a p roject sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Resettlement Assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelters, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resentment and defray the expenses of a transition to a new locale, such as moving expenses and lost works days. Resident Land and Structure Owners: Owners of land and structures with clear title which they are currently occupying for their own use, residential or commercial as the case may be Stakeholders: Any and all individuals, groups, organizations and institutions interested in and potentially affected or benefitted by a project having the ability to influence a project. Squatter: Someone who has occupied public or private land has developed structures on it and has put such land to residential, agriculture or commercial use without obtaining development permission and formal title under law. Tenants and Lessees: Occupants that have legally taken any land or properties or both on rent or lease for a specific period with registered papers recording agreed terms and conditions as permitted under law. 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. This category specifically refers to families supported by women and not having able bodied male members who can earn; families of physically or mentally challenged, very old and infirm persons, who are not able to earn sufficiently to support the family; and families that are very poor and recognized by the government as living below poverty line. 5

6 Indigenous People: Indigenous people are referred as those who depend on hunting and gathering as the main livelihood. In Sri Lanka the only IP community is Veddha community. Although the census data not shows any Veddah population presented in these proposed projects areas, the SA will assess and confirm this further. If IP population presented and are positively or adversely affected by the project and presented, if so, to undertake specific consultation activities and to avoid or mitigate impacts on this potentially vulnerable group. The Project Executive Summary The project, Strategic Cities Development Program (SCDP) as a common platform where the World Bank (WB) embarks on the first phase of development for two pilot cities, Kandy and Galle. It aims to bring about city transformation through strategic investments by leveraging on the city/city region s particular sociocultural and economic assets. The subproject is Grater Galle City Development Project (GGCDP) and under the GGCDP, there are several subproject activities identified focusing the main city Greater Galle and subordinating urban centres, namely Hikkaduwa and Weligama. There are seven prioritized project activities identified in year This Resettlement Action Plan (RAP) covers the resettlement impact of Moragoda Ela (Moragoda Canal) improvement activity comes under the GGCDP. 6

7 Subproject Activity Moragoda Ela is a canal situated in eastern direction of Greater Galle city. It starts from Maagalle and ends in Hiriburegama area of Galle city. Its coordinates are 6 1'60" N and 80 13'60" E in DMS (Degrees Minutes Seconds) or and (in decimal degrees). Especially, Moragoda Ela is located in Eastern direction of the city. When compared with other canals it is fairly long and crossing a major part of the city. The total length of the canal is about 6 km and the proposed project activity has focused 4.3 km. The proposed project activity starts from Pettigala Watta GND to Dangedara East GND. Maagalle is the GND next to Pettigala Watta interfacing beach area near Sothern Naval Base and Galle Harbour. It crosses Galle Matara Main road. The Moragoda Ela meets sea between Southern Naval Base and Galle Harbour. When pass Pettigala Watta the next GND is, Then, Moragoda Ela is passing through Maagalle, Pettigala Watta, Makuluwa, Miliduwa, Thalapitiya, Madawalamulla South, Dedugoda North, Dedugoda South, and Dangedara East GNDs. Therefore, both canal banks will be developed with road access or a walking path either side of the canal. Road side will be widening up to 4.5 meters and walking path will be 3 meters. The total acreage of affected land identified on indicative width (3 meters and 4.5 Meters) of canal bank is 380 perches. Project Justification There several incidents of flooding in the city related to the mismanagement or lack of maintenance the canal. In the meantime, some inhabitants use this canal as a dumping place and it generate more social and health issues in the city. In considering all these facts, the proposed project will help to mitigate flooding in city limits and also it will help to improve the quality of life of people who are living in surrounding areas of the canal. Therefore, the objective of the project activity is to upgrade the canal section ( km) improving design and construction of 10 bridges and drainage improvements in either side of the canal. Survey Methodology Two questionnaires were used to gather information of the affected population. The enumerators were trained by the Team leader and relevant consultants to equip them with the art of interviewing the affected and filling the questionnaires. Total census was conducted to gather data for the preparation of Inventory of Losses. All quantitative data collected through the questionnaires analysed through Statistical Package for Social Sciences (SPSS). In addition, there qualitative methods used for stakeholder consultations and all qualitative data analyzed through Atlas ti. Socio-Economic Profile Among the total population (26, 588) of these GNDs 1,512 of them are affected by the project activity. All of them belong to 202 family units. Among the total PAPs (1512) 776 of them are male and the rest 736 are female which is slight different from GND data. Majority of them (165) are having individual deeds for their lands. 7

8 When compared with family member s educational background HHHs are having fairly good educational background. Majority of them are having an educational level up to O/L. the second category is O/L pass and third category is A/L pass. It is revealed that there is no household coming under poverty line. Majority of them are having decent income level (SLR 25,001-50,000) except 2 households are having relatively low income level just below SLR 10,000 per month. 31 households are having high income levels. Policy and Legal Framework Land acquisition is governed by the Land Acquisition Act of 1950 ammended periodically to meet the emerging needs of the state and the public but until 2008, no attempt was made to ameliorate the anomalies in respect of compensation. Resettlement policy of the sub project is based on the provisions contained in the NIRP,NEA,compensation package approved by parliament in 2008 and made operational by government gazette No.1596/12 dated 07th April 2009,effective from on after 17th March Provisions have been made under the Acts and Ordinances of other state agencies to acquire land for their requirements but land acquisition for this project activity is based on the provisions of the LAA. Legislative and Policy Framework There are several mismatches between provisions of LAA, NIRP and WB policies. In respect of payment of compensation the regulations enacted in Parliament in 2008 and made effective from 19th March 2009 had addressed the anomalies and disadvantages that existed against the affected people. When there is a conflict between the provisions of the LAA,NIRP and WB policies,the PMU will follow the policies of NIRP and WB. Both policies are more or less similar to each other when dealing with interests of the affected. Entitlement Matrix The EM is based on the regulations approved by parliament on compensation and the entitlements, given to affected people under the Colombo city development programme. The EM covers all possible losses that will be suffered by the affectees. EM is given in the body of the report. New rates for other expenses connected with acquisition is yet to be decided by the Valuation Department. Information Dissemination, Consultation, and Participatory Approaches Before commencement of surveys to gather information on the loss of properties and socioeconomic profile of the affected population, a stakeholder meeting was held in GMC presided by the Mayor of Kandy, senior officials of the MoDUD, and other primary stakeholders. When data collection initiated, a leaflet prepared in Sinhala was distributed among the participants and affected people. As heighted in XI, there were many community consultations conducted disseminating project details to primary and secondary stakeholders in GGCDP. Grievance Redress Mechanism 8

9 A Grievance Redress Mechanism (GRM) will be established by PMU/MoDUD that will allow PAPs to appeal against any disagreeable decisions or practices arising at the designing and implementation stages, especially on technical decisions and affected assets or to settle any general project-related disputes including construction related issues/impacts. There are five project specific internal grievance redress instruments suggested as per the Social Management Framework. In addition to the GRCs established by the PMU the PAP can be approached general litigation system as usual. Application of Policy and Legal Framework Land acquisition is governed by the Land Acquisition Act of 1950 amended periodically to meet the emerging needs of the state and the public but until 2008, no attempt was made to ameliorate the anomalies in respect of compensation. Resettlement policy of the sub project is based on the provisions contained in the NIRP, NEA and WB. The policy of WB in respect of compensation and rehabilitation is congruent with that of NIRP. Affected people under this project is covered by the compensation package approved by parliament in 2008 and made operational by government gazette No.1596/12 dated 07th April 2009,effective from on after 19th March Provisions have been made under the Acts and Ordinances of other state agencies to acquire land for their requirements but land acquisition for this project activity is based on the provisions of the LAA. Relocation and Resettlement There are 4 housing structures fully affected. Therefore, there is a need of relocate these families, however, majority of them are willing to get their compensation and resettle themselves. The PAPs who lost part of his or her land and if the balance portion is inadequate to construct a house or commercial building. Resettlement Budget and Financing The land acquisition and resettlement budget has been prepared taking into consideration the present market value of land and cost of materials and labour for replacement of affected portions of the structures. The amount of compensation is SLR Million. The resettlement budget is financed by funds provided by the GOSL. The total budget may vary with the application of new rates for other entitlements when finalized by the Valuation Department. Institutional Framework for Resettlement PMU will be responsible for the implementation of the resettlement program with the assistance of the affected people, Divisional Secretaries and his staff, Ministry of Lands, Survey Department, Valuation Department, Government Printer and NGOs. The assistance of the relevant state agencies and NGOs will be sought during the implementation of the IRP. Monitoring and Evaluation There are two types of monitoring, internal and external.internal monitoring is done by the resettlement staff of PMU and the consultants attached to PMU and external monitoring and 9

10 evaluation is done by an independent external person who is not connected to the establishment. Evaluation differs from monitoring because of its broader scope in assessing resettlement efficiency effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement planning. Monitoring and evaluation will be based on three vital themes, process, output (content) and impact using appropriate indicators. Acronyms Glossary Executive Summary Contents I: Introduction Component II: GGCDP 01 II: SUBPROJECT DESCRIPTION Introduction Project Details 03 III: OBJECTIVE THE RESETTLEMENT PLAN 05 IV: METHODOLOGY OF THE RAP PREPARATION Observation on the Canal and Other Important Issues Socio-Economic Survey Focus Group Discussion Key-Informant Interviews and Stakeholder Analysis Impact Inventory Survey and Census Survey Review of Legal Framework and Policies 07 10

11 V: SOCIO-ECONOMIC INFORMATION OF PAPS Demographic and Social Features of the Project Area The Social, Economic Background and Key Social Issues of PAPs Status of Land and Land Ownership 13 VI: POLICY FRAMEWORK AND ENTITLEMENT Existing National Legal Framework Law and Policies on Resettlement Law on Land Acquisition in Sri Lanka WB policies World Bank Involuntary Resettlement Policy Indigenous People Plan Gender and Development Disclose of Information Gap Analysis The Project Policy Principles to be followed Project Entitlement Policy (entitlement matrix) 20 VII: PROJECT IMPACTS 30 VIII: COMPENSATION AND RESETTLEMENT 37 IX: CONSULTATION PARTICIPATION 38 X: INSTITUTIONAL FRAMEWORK 38 XI: GREVANCE REDRESS MECHANIM 38 XII: RESETTLEMENT BUDGET AND FINANCING 40 XIII: IMPLEMENTATION SCHEDULE 40 XIII: MONITORING AND EVALUATION 41 ANNEXURES Annex I: TOR for RAP Preparation 43 Annex II: List of Stakeholders for Initial Meeting at GMC 48 Annex III: A: Socioeconomic and Assets Verification Survey Questionnaire 50 B: List of Numerical Codes 57 Annex IV: List of PAPs with GPS Information 60 Annex V: GAP Analysis: WB and GoSL Legislatives and Policies on Resettlement 64 Annex VI: Information Brochure 66 Annex VII: Lists of FGDs and KIIs Conducted 68 11

12 I: INTRODUCTION This Resettlement Action Plan (RAP) covers the resettlement impact of Moragoda Ela (Moragoda Canal) improvement activity comes under the Greater Galle City Development Project (GGCDP). The project activity has identified as one of prioritized activities in year I list, Overall, this is a five year project that implements different project activities to meet the overall project goals. The Government of Sri Lanka (GoSL) under its national development vision (Mahinda Chinthana) aims at developing major cities outside of Colombo to share the benefits of an inclusive economic growth and prosperity with regions and provinces. It is proposed that the GoSL sets out a Sri Lankan Strategic Cities Development Program (SCDP) as a common platform where the World Bank (WB) embarks on the first phase of development for two pilot cities, Kandy and Galle. The proposed project aims to bring about city transformation through strategic investments by leveraging on the city/city region s particular sociocultural and economic assets. Moreover, this project will target two main categories of strategic investments: (i) integrated service delivery with system-wide basic urban services improvement thereby enhancing the functional aspects of the city; and (ii) integrated urban planning with catalytic urban upgrading efforts thereby enhancing the attractiveness and livability of the city. Improving the function and the livability of cities would therefore boost the economic competitiveness of these strategic cities and bring about economic growth. The Ministry of Defense and Urban Development (MoDUD) is the Executing Agency (EA). The SCDP comprises four components. Component 1 encompasses interventions for Greater Kandy Area. Component 2 focuses on the interventions for Greater Galle Area and Component 3 will provide implementation support and technical assistance activities, with the objective of increasing the technical capacity of municipalities to plan and implement their own infrastructure projects. Component 4 on emergency response is to provide any potential response necessary in the event of a natural disaster. 1.1 Component II: GGCDP The City of Galle is located at Latitude N and Longitude 80.13E in the Wet Zone, which is the most urbanized region in Galle district, Sri Lanka. It is the largest town in the Southern Province (SP) and is twice the size of Matara district which is the adjoin district of SP. It functions as the District and Provincial capital of the SP. Located 115 kilometers from Colombo it is easily accessible by both road and rail. Historians identify Galle with the ancient port of Kaleh, stating that it was the only natural harbour in the South of the Island, and a busy trading centre. It was a meeting place for Arab and Chinese merchants for the exchange of silk and other goods for local produce, especially spices. The existence of a Muslim population in and around the town lends colour to this identification as much as the terms China gardens, China town or Cheena Koratuwa suggest a Chinese quarter. Based on the urban agglomeration analysis for Sri Lanka, Greater Galle area appears to be the one of most urbanized regions outside of Colombo Metropolitan Region. Greater Galle is attracting population and economic activities faster than they are able to keep up with service delivery; both 12

13 cities possess historical and cultural significance where untapped potential to attract local and international tourism in longer run; it possess underlying market potential that can be leveraged and it also has existing or planned market access points (e.g. Southern Expressway, Galle harbor, Galle Fort, Unawatuna and Hikkaduwa Tourist Zones, Koggala Free Trade Zone, Sinharaja preserved forest, etc.) that allow the benefits of agglomeration to be realized. It is also a Heritage city with the Galle fort area being demarcated a Living UNESCO World Heritage Site. Under the GGCDP, there are several subproject activities identified focusing the main city Greater Galle and subordinating urban centres, namely Hikkaduwa and Weligama. There are seven prioritized project activities as given below. They are: 1. Gall Fort Rampart Development 2. Galle Beach Park (From Lighthouse Hotel to Galle Fort) 3. Moragoda Ela (Canal) rehabilitation and improvements 4. Dadalla Playground Development 5. Inner Circular Road with Connected Access Roads in Galle City 6. Rehabilitation of China Garden Streets 7. Improvements of Hikkaduwa Tourists Zone The RAP covers resettlement measures of Moragoda Ela rehabilitation and improvements. It is a one of large canal network exists in Greater Galle. 1.1 Introduction II: SUBPROJECT DESCRIPTION Moragoda Ela is a canal situated in eastern direction of Greater Galle city. It starts from Maagalle and ends in Hiriburegama area of Galle city. Its coordinates are 6 1'60" N and 80 13'60" E in DMS (Degrees Minutes Seconds) or and (in decimal degrees). The history marks that ship owner in Galle had very close links with this canal in 1841; he developed a well-known Buddhist temple (Gangaramaya which is a leading temple today) adjoining to the Moragoda Ela. He was Don Bastian (Don Bastian de Silva Jayasuriya Goonewardane) and he had ships (dhonies) and 'maadal' fishing nets, and lived in the environs of Galle, known as Maagalle. It implies that he had been using this canal and Galle harbor for commercial activities and the canal history goes more than two centuries. However, the current status of the Moragoda Ela is unfavourable. A group of researchers (Madushanka, Dayanthi, Rajapaksha and Rasanjana) have done a study (Assessment of Spatial Variation in Water Quality: A Case Study at Moragoda Ela, Galle) and presented their finding in Civil Engineering Research Exchange Symposium 2012, Faculty of Engineering University of Ruhuna recently. According to them it can be concluded that the water quality of Moragoda Ela was lower than the demanded quality of water that is used for domestic purposes, bathing and recreational activities. The degree of pollution decreased along the river from downstream to upstream. Different segments of Moragoda Ela have got polluted to different degrees. The level of 13

14 pollution was highly dependent on the parameter of concern The stream receives a high organic loading from the surrounding industries and residential and commercial establishments. This may be the major source of pollution in the stream. The poor implementation of rules and regulations on wastewater discharge and less contribution by the government to maintain and clean those water bodies may also contribute to the existing pollution. 1.2 Project Details The map 01 shows all water bodies related to Greater Galle. Especially, Moragoda Ela is located in Eastern direction of the city. When compared with other canals it is fairly long and crossing a major part of the city. The total length of the canal is about 6 km and the proposed project activity has focused 4.3 km. The proposed project activity starts from Pettigala Watta GND to Dangedara East GND. Maagalle is the GND next to Pettigala Watta interfacing beach area near Sothern Naval Base and Galle Harbour. It crosses Galle Matara Main road. The Moragoda Ela meets sea between Southern Naval Base and Galle Harbour. When pass Pettigala Watta the next GND is, Then, Moragoda Ela is passing through Maagalle, Pettigala Watta, Makuluwa, Miliduwa, Thalapitiya, Madawalamulla South, Dedugoda North, Dedugoda South, and Dangedara East GNDs. Map 01: Moragoda Ela and Other Canals in Greater Galle Source: SCDP/GGCDP/SA and RAP As highlighted above, the canal is misused by the inhabitants for last few decades and badly managed by the respective authorities. However, there were few attempts made to renovate the canal by digging and widening it as result of flood experience in the Galle city. The final design has identified three major sections and the road access and service roads for the canal planned as shown in Table 01. According to the table 01, 4.5 m sections will get road access for the community and 3 m access road will ensure the canal maintenance. Therefore, both canal banks will be developed with road access or a walking path either side of the canal. Road side will be 14

15 widening up to 4.5 meters and walking path will be 3 meters. In certain location road will be shifted to right side, bit in many locations road access is planned in left side of the canal. Table 01: Identified Sections in the Canal Canal Bank Section Left Bank Right Bank 3m 4.5m 3m 4.5m Kahathuduwa- - - Millidduwa Temple Millidduwa Temple- - - Railway Bridge Railway Bridge- Magalle - - At present, there are number of settlers (about 202) along with the canal bank and reservation. This figure represented 85 land plots from left bank and 117 land plots from right bank. On the one hand, many of them are using the canal for dumping garbage and also for agricultural and commercial purposes of the canal bank on the other. The canal is having some road access from one side of the bank while title holders and/or encroachers have been used the other canal bank for their private purposes. Therefore, there is no access for the maintenance of the canal. The existing bridges (10 within the proposed project activity length) are also having some impacts during the flood times. Photographs 1-4: Current Status of Moragoda Ela Source: SCDP/GGCDP/RAP 15

16 In considering all these facts, the proposed project will help to mitigate flooding in city limits and also it will help to improve the quality of life of people who are living in surrounding areas of the canal. Therefore, the objective of the project activity is to upgrade the canal section ( km) improving design and construction of 10 bridges and drainage improvements in either side of the canal. Sri Lanka Low Land Reclamation and Development Cooperation (SLLRDC) has undertaken the responsibility to design and improvement of the canal under this project. SLLRDC has developed a design to develop both canal banks and improve the canal removing all sludge and garbage dumped to the canal. In contrast to the proposed project activity, there will be a significant improvement of livability and also more access to the canal, common properties such as religious institutions, government institutions, and private settlements along the canal. III: OBJECTIVE THE RESETTLEMENT PLAN The main objectives of this RAP is to support PAPs to overcome adverse effects (if any) incurred to them mainly by the project activities associated with the implementation of canal and canal banks improvements. With the participation of primary and secondary stakeholders of the project, there should be an authentic effort to avoid or minimize adverse impacts where possible. If it is unavoidable, ARP aims at improving PAPs' own capacity to rehabilitate themselves by paying their due entitlements appropriately and timely manner. The concerned GOSL policies, especially land acquisition laws and NIRP and donor recommendations such as WB OP, BP and guidelines on involuntary resettlement were closely followed in the preparation of entitlement matrix of the plan. The ultimate objective of these interventions is to ensure that PAPs are not left in a position where they are worse off with the project than without it. As identified in this whole effort of data collection and preparation of RAP, there are some families who need relocation and meanwhile other PAPs are losing their land and properties as a result of canal improvement and canal banks development. Therefore, all of PAPs will be considered to entitle relevance project assistance as shown in the entitlement matrix of this report. IV: METHODOLOGY OF THE RAP PREPARATION A Social Assessment (SA) has been conducted regarding entire stretch of the proposed canal highlighted above. It encompasses secondary data collection from MoDUD, Chief Engineer s Office (Irrigation), Districts and Divisional Secretariat Offices, Galle Municipal Council (GMC), SLLRDC, and Government Department of Census and Statistics. Also it contains primary data collected from various stakeholders using quantitative and qualitative techniques. Both primary and secondary data have been collected on the basis of given TOR for the assignment (see Annex I for more details). Stakeholder consultation is very important since different types of stakeholders can contribute their constructive ideas, suggestions in their capacity, which will be able to support to the success of the project tasks. Before the fieldwork commence, a stakeholder meeting has summoned with the 16

17 support of GMC on 22 October 2013 at the Conference hall of GMC (see Annex II for more details). The meeting aims to inform GGCDP information and also solicit their direct support for project activities. Again a reconnaissance visit has done by the team of social experts. After all these interventions, a field investigation has been launched for the preparation of SA and assets verification survey. It focuses on different stakeholders (primary and secondary) adopting a specific methodology as indicated in Inception Report. The techniques that come under the methodology are scientific and methodical. All information collected from the project influenced people have recorded and retained until the final evaluation will be done by the EA and the donor agency (WB). The techniques utilized in this effort can be listed as follows: 4.1. Observation on the Canal and Other Important Issues: The investigation team comprised a Resettlement and Social Development Specialist (Team Leader), Agricultural and Natural Resource Economist, Gender Specialist, Political Economist, GIS Specialist, field coordinator, and five Research Assistants. The team has done a preliminary observation on different issues related to the project. It included identifying links for canal network, topographical features, nature of settlements and livelihood patterns of PAPs, their assets, current road access, etc Socio-Economic Survey: The methodology comprised with a highly technical verified questionnaire (See Annex III A and B) that used to gather information from all potential PAPs in either side of the canal. A team of qualified enumerators were selected and given a thorough training by the consultants before they deployed in data collection. After the training they have done a pilot survey using the actual questionnaire prepared for the survey. While data collection, the issues raised have been discussed by the consultant. All enumerators worked under direct observation of the team leader throughout the period of data collection. The team of data collection including the consultant walked the entire section of the canal covering each side. GIS expert has given necessary instruction to get GPS data for each and every location of Land plots. The SLLRDC has developed three designs before finalized the final design that provided a base for this report. Therefore, the study team has had three rounds of data collection and each round shows a different figure of PAPs. Finally, these figures helped to identified most suitable design that minimize the number of PAPs Focus Group Discussion: A focus group discussion (FGD) is a carefully planned discussion, with the objectives such as studying the perception, feeling, attitudes, and ideas of the group participants in the discussion with respect to a defined area of interest. Focus groups can be selected from a homogenous community such as female-headed households, residents of deprived clusters, wage labourers, residents of privilege clusters, petty businessmen, youths, students, farmers, etc. Before conducting a FGD, the study team had developed checklists unique to the participants. The number of participants in a FGD was between 6 12 members from the concerned group, and consideration had given to utilize visual techniques on many occasions. 17

18 The consultants conducting FGDs has paid more attention to identify negative and positive impacts of the project. All these facts are written and subsequently submitted them to the project management Unit (PMU) of the EA Key-Informant Interviews and Stakeholder Analysis: Key-informants are important since they are the people who represent various government institutions and community organizations. The person concerned is usually responsible for an area or division of administration. For example, the Divisional Secretary (DS) fits into this description, as she is the person, who is responsible for all administrative matters of the Divisional Secretariat Divisions (DSD). In-depth discussion with DS has helped to clarify several issues related to social and resettlement impacts. As in the case of FGDs, a unique checklist for each key-informant is used. Focused key-informants were DS, Mayor of GMC, Engineer of GMC, District Irrigation Officer, Divisional Heads of SLLRDC, UDA Officers, School Principals, owners of industrial establishments, land officers, MOH/Superintend of Hospital, religious leaders, leaders of CBOs/NGOs, police officers, etc. A summary of facts elicited at the discussions have been submitted to the PMU of the EA Impact Inventory Survey and Census Survey: The project impacts to existing lands and properties have been identified through a questionnaire (for details see Annex III A and B) that amalgamates with the socioeconomic survey. Details of lands and properties have identified using indicative widths (3 meters and 4.5 meters) from each side of the canal bank. Therefore, it is essential to update these information once SLLRDC has finalise the actual details design of the project activity. In addition to these efforts, the consultants have documented special requirements or problematic issues related to canal improvements under the GGCDP that need special attention during the construction period. In this exercise, special attention has given to permanent and temporal structures constructed within the canal banks, existing road condition and road access, and drainages and common properties having along with the canal Review of Legal Framework and Policies: This effort under this segment has provided an opportunity to examine the laws and regulations of Sri Lanka, which will be applied to the project along with the Social Safeguards Policies of the WB. Furthermore, the review is assists to identify social operational policies that will trigger during the project along with suggested mitigation measures to respond to these Operational Policies. All analyzed quantitative and qualitative data have used to develop the report while focusing expected social issues of the project activity. Those potential/assumed social issues have described in the section VII below. 18

19 V: SOCIO-ECONOMIC INFORMATION OF PAPS 5.1 Demographic and Social Features of the Project Area Grater Galle city is the district and provincial capital of SP. The project covers coastal city areas of the SP, which bears distinct geographical and socio-economic characters. Especially, the entire project influenced areas are plat terrain. Southern and Western borders link to the Galle harbor and Indian Ocean. The Galle Fort is located at the tip of South-Western costal belt and then, city is spreading towards northern and eastern directions of the district. Generally, city area (GMC) is highly populated and other areas of the district are less populated and rural in nature. Further details are given in table 02. Table 02: Basic Information of Galle District and Galle City (DSD) Description Population Number of Structure Number of Houses Number of Nonresidential Number of Residential Group District 1,059, , ,298 45,896 2,635 Galle DSD 101,159 31,933 25,766 5, Source: Preliminary Report of Population and Housing Census 2011, Department of Census and Statistics, Sri Lanka When concerned on micro level picture of building and structures in the project influenced DSDs, the table 01 depicted the current situation based on latest census data (2011). Galle city covers Galle Four Gravets Divisional Secretariat Division (DSD) and it shows a high representation of population as well as substantially high number of residential, group and non-residential buildings. When compared with population statistics in last census, it shows very clear trend of migration towards the city. It caused a process of urbanization in Galle city and it may cause for high occupancy in low land areas which related to Moragoda Ela. Table 03 gives details of population increase and migration patterns in Galle district. Table 03: Population Increase in Galle District Description District 805, ,769 1,059,046 Annual Growth % Migration Pattern Total Migrated Population Marriage Occupation Accompanied a family member 103,225 44,983 (43.6%) 16,516 (16%) 18,082 (17.5%) Source: Preliminary Report of Population and Housing Census 2011, Department of Census and Statistics, Sri Lanka As highlighted in table 02, there is a slight trend of population increase. However, total migrated population is high and majority of them have been migrated due to marriage, occupation and family requirements The Social, Economic Background and Key Social Issues of PAPs Moragoda Ela is the focused project activity located in the eastern direction of the Grater Galle city (see Map 01). Many sections of the canal are occupied by private land owners, businessmen and 19

20 community organization/institutions (religious) that provide services to the inhabitants. Table 03 illustrates the population of each GND and sex and age divisions in project activity related GNDs. There are three GNDs show high population density while others are having less density. In every GND female population is relatively high. In addition, dependency groups too higher in each GND. For details see table 04 below. Table 04: Total Population, Sex and Age Divisions in Project Influenced GNDs GND Population Male Female Less than 15 Years Years 60 Years and Over Maagalle Pettigala Watta Makuluwa Miliduwa Thalapitiya Madawalamulla South Dedugoda North Dedugoda South Dangedara East Source: Preliminary Report of Population and Housing Census 2011, Department of Census and Statistics, Sri Lanka Among the total population of these GNDs 1,512 of them are affected by the project activity. All of them belong to 202 family units. The number of HHHs 202 are apart from common properties exist in canal bank. The type of their land ownership is given in graph 01. It shows majority of thema are having individual deed for their lands. In addition, there are five encrochers have been identified. Graph 01 Source: SCDP/GGCDP/RAP 20

21 The sex and gender status of HHHs are given in graph 02. It reveals that 19.4% of them are female and it is a fairly high number when compared with national figures. Among the total PAPs (1512) 776 of them are male and the rest 736 are female which is slight different from GND data. All GNDs show that there are more female than male (see table 03 above). This situation may happen due to migration and effect of urbanization. Graph 02 Source: SCDP/GGCDP/RAP The educational background of these PAPs illustrates in graph 03. It reveals that except two cases (class V O/L and A/L pass) other all cases males are leading than female. This is also an exceptional case when compared with national data. Graph 03 Source: SCDP/GGCDP/RAP 21

22 The graphs 04 and 05 depict the marital status and age structure of PAPs. Their marital relationship is mostly stable and maintain well. It shows that there is a good family bond which is a positive factor when compared with urban social data. Among age cohort group (teenagers) are relatively less than other age cohorts. However, there is a healthy age structure among PAPs. It is also a positive factor and they may adjust well for the expected changes come under the project activity. Graph 04 Graph 05 Source: SCDP/GGCDP/RAP A similar situation can be identified among HHHs in marital status. They too are having a stable family relationship and there is no divorce and separation cases reported. For details see graph 05 below. However, there 6 widow/widower cases identified. Graph 06 Source: SCDP/GGCDP/RAP Ethnicity is a social factor that makes critical influence for social changes. As highlighted in section II, Greater Galle is identified as a historical trade hub in South Asian continent there were certain Moors migrated to Galle. The graph 07 shows that there is a 20.6% Moor representation among the HHHs. 22

23 Graph 07 Source: SCDP/GGCDP/RAP Disability is a critical factor for HHHs in all socioeconomic and cultural aspects. As indicates in graph 08 there are 04 and 07 HHHs who are having major and minor disability status respectively. Graph 08 Source: SCDP/GGCDP/RAP When compared with family member s educational background (graph 03) HHHs are having fairly good educational background. As illustrates in graph 09, majority of them are having an educational level up to O/L. the second category is O/L pass and third category is A/L pass. Apart from them, there are relatively high number of graduate and postgraduates among the HHHs. Again, it is a positive factor for resettlement aspects. For details see graph

24 Graph 09 Source: SCDP/GGCDP/RAP It is revealed that there is no household coming under poverty line. Majority of them are having decent income level (SLR 25,001-50,000) except 2 households are having relatively low income level just below SLR 10,000 per month. 31 households are having high income levels as given in graph 10. However, there are 11 who are not settled yet and not declared their income. As indicated by many HHHs their expenditure is very high due to loans taken for housing constructions, finance obligations, and some investments in business purposes. Graph 10 Source: SCDP/GGCDP/RAP Overall, majority of PAPs are having a good social and economic background that will make a positive impact towards the project activity. Therefore, it may help to PMU to have a healthy relationship with PAPs. 24

25 5.3. Status of Land and Land Ownership A side of the canal is occupied by inhabitants of the respective canal bank. Usually, they assumed that canal bank is the border of their land and they have been utilized the canal bank and the reservation for their private purposes. However, they claimed that the canal bank has eroded and now there is no reservation in many places. Therefore, if the project is taking (acquiring) their lands for canal development they may face many difficulties to continue their livelihood in those plots of lands. Table 05: Common Properties Partially Affected in Each Bank Section Left Right Total 3 m 4.5 m 3 m 4.5 m Temples Mosques Roads Bridges Small canals Sub total Source: SCDP/GGCDP/RAP As per the assets verification survey, there are 202 plots of land identified including common properties. There are 27 common properties (for details see table 05 above) along with the selected stretch of the canal for development. Table 06: Type of Land and Ownership Canal Bank Section Left Bank Right Bank 3m 4.5m 3m 4.5m Residential Trade/Business Non-Agricultural Agricultural Source: SCDP/GGCDP/RAP Majority of them (165) are having their own and operated (individual deed) lands. Other type of uses are belongs to various small and medium size business activities. The owners have given those lands on different terms of use. All of these land owners have been identified. Table 07 and 08 provides details of land use and number of perches to be acquired in each section. Table 07: Number of Land Owners by Sections and Canal Banks Canal Bank Section Left Bank Right Bank 3m 4.5m 3m 4.5m Kahathuduwa- Millidduwa Temple Millidduwa Temple- Railway Bridge Railway Bridge-Magalle Source: SCDP/GGCDP/RAP 25

26 Table 08: of Land Owners Affected in each Section of the Perch Section Left Right Total 3 m 4.5 m 3 m 4.5 m Residential Trade/Business Non-Agricultural Agricultural Total Source: SCDP/GGCDP/RAP The total acreage of affected land identified on indicative width (3 meters and 4.5 Meters) of canal bank is perches. Therefore, the PMU has to plan land acquisition procedures as per the Land Acquisition Law/Ordinance, Government of Sri Lanka. The GPS coordination has taken on each and every plot of land that affect due to project activity. For more details see Annex IV. VI: POLICY FRAMEWORK AND ENTITLEMENT 6.1 Existing National Legal Framework The RAP interventions here are based on resettlement policies and laws adopted by GOSL and WB. They are 1). National Involuntary Resettlement Policy (NIRP) 2). Social Assessment (SA) prepared by MoDUD 3), National Environment Act (NEA), and 4). WB policy on involuntary resettlement. NEA requests to prepare RAP when there are more than 100 families affect by any prescribed development project. However, NIRP emphasis that if there are more than 20 families affected by the project, it is required to produce full RAP. WB has accepted MoDUD RAP. On the other hand MoDUD is responsible to adopt WB involuntary resettlement policy in all projects funded by WB. Involuntary resettlement will be for people of any age, skill level or people who have been requested to give up their land or assets for a project activity. WB policy advocates supporting these people who require assistance to re-establish their home and/or livelihoods. All these measures will help MoDUD to launch project activities smoothly and promptly. Otherwise there may be delays of commencing the project. One of the main strategies of overcoming this issue is taking the community support to the project. It will develop a positive ideology on development activities in the society Law and Policies on Resettlement In addition to these legal and policy framework, there are several measures applicable for the project as indicated in the SA accepted by MoDUD. Therefore, EA and all other responsible parties should follow these basic principles, measures suggested, and project policies in any of resettlement issue that arises in the project. It will help to keep the transparency of resettlement activities of the project and establish PAPs livelihood at sustainable level. 26

27 Furthermore, the SA sets out the scope, policy and procedures for screening and formulating RAPs for the project. The following basic involuntary resettlement principles can have been adopted for the Project: I. Land acquisition, relocation, and adverse impacts on livelihood and income will be avoided and when unavoidable, at least minimized. II. PAPs are entitled to receive assistance at least to restore their property/assets damages through the project. III. PAPs will be fully informed and consulted regarding project planning and implementation, including disclosure of RAP and other project-related information. IV. PAPs social and cultural institutions will be safeguarded and supported. V. Rehabilitation programs will be undertaken for men and women affected (if affected adversely) by the projects. Affected female-headed households, indigenous peoples households (if any), and other vulnerable households will receive special packages to rebuild and improve lost income and livelihood. VI. A Grievances Redress Committee (GRC) will be established as suggested in SA. It will assist PMU/EA in determining special assistance packages, and resolving PAPs grievances. VII. The costs for safeguard issues will be included in the project costs, and the PMU/EA ensures that sufficient funds are available for replacement of properties/assets damage and rehabilitation assistance before proposing the project. In Sri Lanka there are two broad types of land; private land and state land. Private land is governed by traditional systems of land ownership on which operative legal systems have been superimposed as and when any question of conveyance or dispute surfaces. State land is governed by the principal enactments dealing with alienation, transfer of development rights, and disposal (primarily in the Crown Land Ordinance, Land Development Ordinance, Sale of State Land Law, Grants Act, Agrarian Development Act, and Land Acquisition Act). Within both private and state land there are several categories of tenure which provide the basis of eligibility for compensation if relevance for this project (for more details see Entitlement Matrix) Law on Land Acquisition in Sri Lanka There are three legislative enactments linked with the resettlement process emphases here. They are; 1). Land Acquisition Act (LAA), 2). National Environment Act, and 3). National Thoroughfares Act. Especially, LAA sets out the procedures for acquiring land and for payment of compensation for acquired land for public purposes (for more details see LAA, GOSL) WB policies WB is one of international development agencies providing grants, loans, and technical assistance to Sri Lanka for various development activities and projects. The SCDP is one important area of development that WB is providing support to GOSL. As a bank and international agency for development, bank has its own procedures and policies to be implemented in any project or subproject for which they provide financial and technical support. WB has four main social 27

28 safeguard policies Involuntary Resettlement (adopted in 2002 and revised in 2004 and 2007), Policy on Indigenous People (1991 and revised 2005), Policy on Gender and Development (1988), and policy on Public Disclosure (1998). However, these polices should match with member country s legal and policy framework. If the member country does not have such legal or policy framework, then the project EA, which the MoDUD is responsible to address at least WB policies in the project cycle. These policies are supported and strengthened by WB Operation Procedure (OP). When analysing WB policies the following are very important in this project WB Involuntary Resettlement Policy Involuntary means actions that may be taken without the displaced person's own consent or power of choice. WB pays a thorough attention to all their projects proposed by any country since the project may cause severe social impact to the PAPs. These can be either direct or indirect adverse impacts. The ultimate goal is to minimize and mitigate these impacts while supporting them, especially the poor and vulnerable people, to uplift their livelihood. WB believes that these kinds of impacts should be identified at early stages of project cycle and devises most appropriate measures to ensure their uninterrupted livelihood. Especially, there may be involuntary resettlement due to land acquisition for a project resulting relocation, loss of shelter, loss of assets and access to their properties, and/or loss of income or means of livelihood. Therefore, WB adopted this Involuntary Resettlement Policy (IRP) in 2002 and revised it in 2004 and According to the latest revision, WB objectives 1 of IRP can be cited as follows: a. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b. (b) 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. c. (c) 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. As already highlighted at the outset one of SA objective is to avoid or minimize such involuntary resettlement issues through meaningful dialogue with PAPs. Therefore, the WB OP is vital to discuss at this stage. Moreover, the policy covers direct economic and social impacts 2 generally arising from WB assisted investment projects. IRP is categorically described according to the causes and it has been shown in the WB Operation Manual as shown below: a. The involuntary taking of land resulting in 1 Para 2 of OP 4.12 Involuntary Resettlement, World Bank 2 Para 3 of OP 4.12 Involuntary Resettlement, World Bank 28

29 (i) Relocation or loss of shelter; (ii) Loss of assets or access to assets; or (iii) Loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or b. The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework 3. In case of this project, it is noted that there are some impacts on structures though there are no involuntary resettlement issues are involved. Hence, preparation of abbreviated resettlement plan is required. To address the impacts covered under para 3 (b) of this policy a natural resource management plan is required 4. These issues will be dealt under environment safeguard framework of the project Indigenous People Plan Apart from involuntary resettlement, Indigenous People is another important social safeguard issue in all WB supported projects operated in any country. However, it is not relevance in this project since the only indigenous people of the country The Veddha is not located in the district of SP Gender and Development WB introduced its gender policy in 1988 and revised it in It is applicable to all WB activities. The objective of the Bank's gender and development policy is to assist member countries to reduce poverty and enhance economic growth, human well-being, and development effectiveness by addressing the gender disparities and inequalities that are barriers to development, also to assist member countries in formulating and implementing their gender and development goals. The following aspects are important in the project cycle: a) The local circumstances that may debar women from participation on equal terms with men in the project; b) The contribution that female and males could make to achieve the project's objectives; c) The ways in which the project might be disadvantageous to one gender in relation to the other; and d) The project's proposed mechanisms for monitoring different impacts of the project on females and males. These aspects reveal that equal participation of women alongside males is important from the project designing stage to monitoring and evaluating stages. Therefore, it is essential to consult females as well as males in the project cycle of this project Disclosure of Information WB encourages the greatest possible disclosure of information to all the involved parties of a project including PAPs and the general public. The process for disclosing information entails 3 See Para 31 of OP 4.12 Involuntary Resettlement, World Bank 4 See Para of OP 4.12 Involuntary Resettlement, World Bank 29

30 several stages. At the feasibility stage, a cross-section of stakeholders is informed fully and their views obtained. The process for preparation social and environmental frameworks is the base for this initial public consultation. Then, when detailed measurements for a social assessment for a project road is to be done, public consultation is again carried out. If there is a requirement of RAP the preparation stage, at RAP will consult PAPs, host communities and local NGOs. After completion of the social assessments and RAP, these documents should be posted on the respective Web Sites for public viewing with the approval of EA and WB. Particularly in this project, PMU and finally MoDUD should display all these documents on their websites and dispatch copies to the relevant local authorities and assist local communities with the information disclosure procedure. The goal of the World Bank s policy on the disclosure of information is to raise awareness about development issues, share global knowledge, and ensure participation in Bank programs and projects. The Bank has learned from experience that it can enhance the quality of the operations it supports by sharing information and consulting with member governments and third-party stakeholders. Since 1985, the Bank has regularly expanded the range of information it possesses about its activities. Today, it discloses most operational documents and makes them available to a wide an audience. It also discloses a large amount of information relating to its institutional and internal decision-making processes Gap Analysis It is noticed that there are certain gaps between WB and GoSL legislative enactments and policies related to involuntary resettlement. Therefore, a gap analysis has done and it annexed in Annex V The Project Policy Principles to be Followed It is vital to highlight key policy principles that can be apply and followed throughout the project cycle; especially for the Moragoda Ela Project activity. These project principles are the guidelines of implementation RAP by the PMU/EA which is MoDUD Replacement Cost Replacement cost could be defined as the compensation required in replacing a similar land in a similar location and a building of similar floor area and construction Loss of Buildings Replacement cost will be paid for all buildings irrespective of the age of the building. PAPs are entitled to retain the salvage materials. In order to translate the concept of helping the PAPs to achieve a higher level of living standard than what they experienced prior to the implementation of the project, a PAP who was in occupation of even a wattle and dump house of cadjan hut is entitled to a cash grant for the loss of the house in addition to other compensation available for them

31 Temporary Loss of Private Land During construction, temporary occupation of privately owned land may be required to excavate materials for filling and formation of embankments. If such a necessity occurs the contractor with the concurrence of PMU will sign a temporary occupation contract with the owner of the land specifying; (1) period of occupancy (2) terms and compensation amounts mutually agreed (3) compensation for material losses for the duration of the temporary occupation period (4) compensation for other disturbances and damages caused to property (5) the frequency of compensation payment (6) rehabilitation and restoration measures (7) land will be returned to the owner at the end of the temporary occupation period restored to its original condition or improved, according to the agreement Determination of Rates for Properties Acquired The rates that will be used for the calculation of compensation for the acquired properties will be based on the prevailing market rates in order to reflect the cost of replacement of the properties acquired. NIRP and WB IRP mandate that the compensation payable to PAPs should be adequate enough to replace their loss assets. Project has taken into consideration those policy guidelines in determining the relevant rates Special Needs of Vulnerable Households Vulnerable households have been identified during the census and socio-economic surveys. Women headed households, families with very elderly persons, differently able persons, people in below poverty line (national) and with non-titles holders have been included in to this category. They are entitled to a special grant of Rs.15,000/- per household in addition to the compensation available for other losses. PMU will support them during the construction of their houses Special Preparation for the Vulnerable Groups PMU undertakes to develop specific plans for the vulnerable groups as they would feel the effect of resettlement more seriously than others.the identified group of vulnerable people will be helped by community organizers who will identify their needs and interests in consultation with them, prior to resettlement. These community workers in a position to help the vulnerable PAPs to build their skills, identify opportunities, and review constraints that hinder improvement to their socio economic status with the support of PMU. The small groups of vulnerable people depending on the category and degree of vulnerability may be linked to national institutions at DSD level that provide assistance and interventions to such groups Project Entitlement Policy (entitlement matrix) Based on the types of land ownership, anticipated losses or damages for properties and livelihood, the entitlements to replacement and restoration measures for the project have been provided in Table 09 Entitlement Matrix. 31

32 Table 09: Entitlement Matrix Sr. No. Type of Definition of AP Entitlement Details Loss/Disturbance 1. Private Land Without Structure 1.1 Loss of land due to Legal title holders/ Compensation at project related affected parties with replacement cost activities land use rights recognized under the law R&R 1.1.1Compensation 6 for affected land at replacement cost 7 as per LAA Three months advance notification for harvesting standing crops, or compensation for crop damage 1.1.3Compensation for trees affected at current market price and allow AP to retain felt trees Applicable interest on compensation amount for delay in payment of compensation calculated from the date of taking over possession of land as per LAA 1.2 Loss of tenancy/ Profitable occupancy Registered tenants and leaseholders, share-croppers Compensation for standing crops, or income losses Compensation for the economically non-viable remainder or residual land, if the land loser is willing to surrender such land, at replacement cost 94 as per the regulation no 1956/12 of No compensation for the land Three months advance notice to salvage standing crops if not, compensation for the same valued at market rate to the leasee Cash payment for six months of rental income for the affected portion of land or LKR25,000 whichever is higher as income assistance to the owner Cash payment for unexpired period of rental for the affected portion of land or maximum of LKR25,000 to the leassee. 2. Residential Land and Structures 2.1 Permanent and full Owner occupants loss of private land with title or other and residential structure 10 ownership documents recognized under the law Compensation at replacement cost R&R Compensation for the whole plot valued as per replacement cost 9new regulation) after acquisition if the residual portion is not developable under law the relief to be provided as per the new regulation Compensation for affected structure at replacement cost without deduction of any depreciation or salvageable materials or minimum amount of SLR 300, Where the person is willing to 6 Compensation must be paid fully prior to taking possession of any affected land or property or both for the Project. 7 Refer section for details 8 The compensation will include statutory compensation and ex-gratia as appropriate under the applicable provisions of the Land Acquisition Act and LA Regulation, Refer section (c) for details 10 Any structure which is affected more than 50 % of its built up area; or where the remaining plot area not developable under law 32

33 Sr. No. Type of Loss/Disturbance Definition of AP Entitlement Details allow the construction to begin after signing MOU with PMU, entitled for rental allowance as until the full settlement of the compensation Transportation allowance of LKR In case of shifting, cash allowance for alternative rental accommodation of equivalent standard for six months as determined by the Chief Valuer LKR11000/month, whichever is higher for a period of six months. 2.2 Non-resident Owner of land and structure with title or other ownership documents recognized under the law Compensation at replacement cost Income Restoration Assistance if leased within one year prior to the cut off date Right to salvage material from the demolished structure Compensation for affected land at replacement cost as per the LAA Compensation for the structure at replacement cost without deduction of depreciation or salvageable materials 11. or minimum amount of SLR 300, Assistance for loss of rental income from the affected structure for six months calculated on the basis of average annual income from the affected structure in the previous 3 years as determined by PMU on a case to case basis, LKR10,000/month, whichever is higher. 2.3 Loss of rental accommodation Legal Tenants/ Lease Holders Resettlement Rehabilitation Assistance & Right to salvage material from the demolished structure Three months advance notice for Relocation Compensation for registered lessees for the unexpired period of lease as permissible under rental law. 2.4 Loss of Residential Structure Squatters Resettlement and Rehabilitation Assistance Allowance for alternative rental accommodation of equivalent standard as determined by PMU or LKR10000/month (whichever is higher) for a maximum of six months for tenants/lessees Transportation allowance of LKR Compensation for affected structure at replacement cost subject to minimum of SLR 300, Where the person is willing to allow the construction to begin after signing of MOU with PMU, entitled for rental allowance as until the full settlement of the compensation Transportation allowance of 11 Apportionment of compensation will be done for land and structure among the interested parties as per LAA 33

34 Sr. No. Type of Loss/Disturbance Definition of AP Entitlement Details LKR5500 for vacating the old structure. 2.5 Partial loss of residential land and structure Owner-Occupants of residence with title or sale deed in their favour 2.6 Non-Resident Owners of Land and Structure with title 2.7 Loss of rental accommodation due to partial impact on structure Partial loss of residential structure Tenants/lessees/ Protected tenants Squatters living in structures without title Compensation Rehabilitation Assistance Compensation Resettlement Assistance Rehabilitation assistance R&R Rental LKR10000 per month in case of shifting as Right to salvage building materials Compensation for affected land and structure at replacement cost as per existing Laws and regulations according to the actual loss to repair or rebuild the structure to original condition when remaining land is sufficient to rebuild upon (see endnote 4) Rental allowance for alternative accommodation of equivalent standards OR LKR 11,000/month (whichever is higher) for six months for enabling the owner to rebuild the affected structure if the premises can not be used Transportation allowance of LKR Compensation for affected land and structure at replacement cost as per existing laws and regulations without depreciation according to the actual loss to repair or rebuild the structure to original or better condition when remaining land is sufficient to rebuild upon (see endnote4); Six months rental allowance as received for the previous month LKR11000/month to compensate for loss of rental income from the property as income assistance if the structure had been leased out one year prior to cut off date Tenants/Lessees will have the option to continue to stay in the building in agreement with the owner; OR Vacate the house on receipt of rental allowance for six LKR9000 in case of emergency relocation with three months advance notice; Protected tenants will get rental allowance for accommodation of equivalent standard OR maximum of LKR9000/month for such period as required by the Rent Act to allow the owner to restoration of the building for the tenant to return if the owner is not taking to restore the building action will be done according to the Law Transportation allowance of LKR5500 in case the tenant/lessee is required to relocate Compensation for only for the affected structure at replacement value according to the actual loss to repair or rebuild the structure to original condition when remaining part is sufficient for rebuilding minimum compensation LKR 300,000/ Transportation allowance of LKR Rental LKR 34

35 Sr. No. Type of Loss/Disturbance 3. Commercial land and Structures 3.1 Permanent and full loss of commercial property Definition of AP Entitlement Details Owner-Operator of registered business with title or sale deed in his/her favour Employees loosing employment 3.2 Non-resident property owners with title 3.3 Loss of rental accommodation Legal Tenants/ Lease Holders running business Compensation at replacement cost R&R Assistance Compensation at replacement value Compensation Resettlement and Rehabilitation Assistance 9000/month for six months to allow the affected family to relocate elsewhere and rebuild the affected structure Compensation for the affected land at replacement cost as per LAA for whole plot if the residual plot is not developable under law Compensation for affected structure minimum compensation LKR 300,000/-.at replacement cost without deduction of any depreciation or salvageable materials Opportunity to avail of a shop on long-term lease at any commercial resettlement site (where available or planned) or any other public shopping scheme on payment of lease premium Transportation allowance of LKR In case of shifting, cash allowance for alternative rental accommodation of equivalent standard for six months as determined by PMU on case by case basis, 11,000/month (whichever is higher) Right to salvage material from the demolished structure Cash assistance to enable reestablishment of business calculated as net profit for six months on the basis of average net annual profit for preceding three years as recorded in income/sales tax returns filed, OR a lump sum livelihood assistance of LKR 25,000, whichever is higher Employees loosing employment as per the employment agreement with the employer Should be assisted under the income restoration programme (IRP) SAME as described in clauses to above Rental allowance of equivalent accommodation as determined by PMU, OR Maximum of LKR 11,000/month for six months 3.3.2Rental allowance as above for a period not exceeding six months in case of protected tenants, or as per the applicable law Apportionment of compensation for protected tenants and lessees if and as permitted under applicable laws Cash assistance to enable reestablishment of business in case of relocation calculated as net profit for six months on the basis of average net annual profit for preceding three years as recorded in income tax returns filed, OR a lump sum livelihood assistance of LKR25,000, whichever is higher. 3.4 Loss commercial Squatters/ Resettlement and Compensation for affected 35

36 Sr. No. Type of Loss/Disturbance structure 3.5 Partial Loss Commercial Property affecting the normal functioning of the business Definition of AP Entitlement Details operators of business without title Owner occupant with title 3.6 Non-resident owner of the property 3.7 Loss of rental accommodation 3.8 Partial loss of commercial structure 3.9 Loss of Commercial Kiosks 4. Loss of Livelihood 4.1 Loss of Livelihood due to relocation Registered Tenants/Lessees Squatters operating business in structure without title deeds Vendors operating kiosks with or without permission Vulnerable and women headed families losing income due to relocation Poor selfemployed persons Rehabilitation Compensation Resettlement and Rehabilitation Assistance Resettlement and Rehabilitation Assistance structure at replacement cost without deduction of any depreciation or salvageable materials Opportunity to avail of a shop on long term lease at any commercial resettlement site (where available or planned) on payment of lease premium Transportation allowance of LKR Rental allowance LKR11,000/month for alternative accommodation in case of Right to salvage material from the demolished structure Assistance as per Same as benefits offered under to AND Same as benefits offered under to Same as benefits offered under to AND SAME as benefits offered under to AND if doing business in the remaining portion is not commercially viable as before R&R Assistance Fixed kiosks/sheds will get structure compensation without depreciation and one time income assistance of Rs.5000, or a mobile vending cart as replacement Mobile/Movable vendors will get one month s prior notice to relocate for continuing their business. Rehabilitation Assistance Training, credit access and skill training support for maximum two youths (one male and one female) from the resettled families for livelihood strengthening for the maximum period of six months with the help of civil societies Vulnerable families eligible for government welfare assistance, will be assisted to get any government benefits available Housekeeping assignments at the commercial resettlement sites and employment in civil works for this Project if available Opportunity to avail of a shop at the resettlement site on long term lease on payment of premium and maintenance charges as applicable and if available Facilitating of Continuation of any welfare assistance given by State to the 36

37 Sr. No. Type of Loss/Disturbance 5. Temporary Impacts 5.1 Temporary Adverse Impacts of Civil Works (such as loss of access, damage to property or land, safety hazards, impact of mobility) Definition of AP Entitlement Details Households/ Businesses Mitigation Measures vulnerable families after relocation Cash assistance to enable reestablishment of income calculated as net income for six months on the basis of average net annual incomes for preceding three years as recorded in income/ sales tax returns filed, OR a lump sum livelihood assistance of LKR 25,000, whichever is higher Public notice at the site informing the people about: work schedule, likely temporary impacts, signage, safety advice and mitigation measures, contact details of officer in charge and GRM Necessary traffic management measures for facilitating mobility Special measures to provide access for continuing trade/business In case of complete loss of motorable access leading to loss of business over a week, financial LKR 1000 per day until ease of access has been restored by the contractor In the case of lose of pedestrian access alternative temporary access should be provided by the contractor The contractor shall bear the compensation cost of any impact on structure or land due to negligent movement of machinery during construction or establishment of construction plant, as per standard contract provision All temporary use of lands outside proposed ROW to be through written approval of the landowner and contractor. Location of construction camps will set up by contractors in consultation with the implementing agencies. 6. Loss of Community Infrastructure/Common Property Resources 6.1 Loss of cultural Affected Reconstruction of properties communities and community structure groups and common property resources Necessary Health and Safety measures to be undertaken as a part of Environment Management Plans including measures for sound, dust pollution, minimize hazard risks through signage and safety barricades, first aid facilities at work sites/camps, etc Steps to minimize and mitigate adverse impacts on human and vehicular mobility including through traffic diversions and management; phased construction strategy; avoiding work during peak hours Attempt ensuring fair wages for men and women working at project construction sites and preventing child labour Measures as necessary to deal with any other emergent impacts Reconstruction of community structures and replacement of common property resources in consultation with the managing trustees and appropriate Assistance of LKR 3500 up to maximum of LKR 50,000 to cover cost of exhumation including any religious 37

38 Sr. No. Type of Loss/Disturbance 6.2 Loss of social and civic facilities Definition of AP Entitlement Details Affected communities User groups Rehabilitation of the affected facility ceremonies required, accordingly to prevailing customs, as decided by the EAC 6.2.1Reconstruction of the civic, social service facility in consultation with the managing trustees as appropriate Provision of temporary services during civil work to avoid inconvenience to the user group The cut-off date for entitlements for title holders is the date of publication of Sec.02 notice under LAA and for non-title holders it is the date of completion of LARS and SES which is 26th of November VII: PROJECT IMPACTS As indicated above, there are 202 plots of land identified yet under the 3 meters and 4.5 meters indicative width of canal boundaries for service road apart from the existing road access in other side of the canal. Almost all owners and users of these lands are considered as PAPs as a result of lost a portion of land belongs to them. Among these plots of land, there are 04 fully affected and 23 partially affected houses. 6 fully affected sheds have been identified. Furthermore, there are 8 fully affected parapet walls and 8 partially affected parapet walls along with both sides of the canal. Many of these structures are situated back side of the main entrance which is the canal side. Usually, all these small structures are constructed in back side of their houses. More details are given in table 10 below. Table 10: Potential Structures/Properties Fully Affects along with Canal Bank Section Millidduwa Railway Type of Property and the Nature of Kahathuduwa- Temple- Railway Bridge- Impact Millidduwa Temple Bridge Magalle 3m 4.5m 3m 4.5m 3m 4.5m House-Partially Affected House-Fully Affected Shed-Fully Affected Parapet Wall and Gate-Partially Affected Parapet Wall and Gate-Fully Affected Live Fence-Partially Affected Live Fence-Fully Affected Other-Partially Affected Other-Fully Affected Source: SCDP/GGCDP/RAP Moreover, the assets verification survey has identified the size and values of these structures affected by the project activity. It is also categorized as fully affected and partial affected. More details are given in table 17. The project activity will make several impacts related to social and environmental integrity of the project location. Each impact has categorically identified as negative impact and positive impact. Furthermore, such impacts have been identified as priority order. Especially, PAPs are very keen 38

39 on positive impacts than negative impacts. Table 11 illustrates negative social impacts and majority of them said that they have to undergo a hard life during the project implementation period. Both first and third priorities are same response. Second priority is uncertainty in their income. Table 11: Negative Social Impacts Due to the Project Activity Negative Social Impacts Priority 1 Priority 2 Priority 3 Uncertainty in our social network with neighbours Uncertainty in our social network with relatives Distance from our village/indigenous community Children s education will be disrupted Uncertainty in our food security and access Uncertainty in our income sources Undergoing hardship during the project construction period Not responded Total Majority of respondents have been identified national development as a positive social impact of the project. Their first and second priority has given to national development. Third priority is urban development. For details see table 12. Table 12: Positive Social Impacts Due to the Project Activity Positive Social Impacts Priority 1 Priority 2 Priority 3 No any positive impact We can own a modern housing structure Will get good road access to area National development Urban development Clean and well maintained city Attraction in tourism More creational opportunities for the people Not responded Total Negative environment impacts of the project activity also show some relationship with PAPs properties. Their first priority is damaging their properties as a result of project activity. Second and third priority shows very clear environment matters. For details see table 13. Table 13: Negative Environment Impacts Due to the Project Activity Negative Environment Impacts Priority 1 Priority 2 Priority 3 Will experience flooding frequently Will experience poor water quality Noise pollution Dust and air pollution Damages to our remaining property Change in our green environment

40 Not responded Total Most of respondents indicated that the project activity has several positive environment impacts as shown in table 14 below. Their first priority has given to well plan city and scenic beauty of the city as a result of the project intervention. Second priority is given to urban environment protection while third priority is given to positive attitudes towards urban environment. Table 14: Positive Environment Impacts Due to the Project Activity Positive Environment Impacts Priority 1 Priority 2 Priority 3 Well plane city and scenic beauty Reduce road traffic and accidents Urban environment protection and conservation Power waste and garbage disposal system Improvement in tourism Positive attitudes towards the city environment Not responded Total The impacts of project activity have been discussed with several stakeholders of project through FGDs and KIIs. The overall network view such responses are given in graph 11. According to the respondents view institutional framework that develop for resettlement issues is more vital and their more attention was given to it. In that sense, Moragoda Ela is prominent in resettlement issues. Furthermore, compensation, encroachers, Households and future challenges are prominent among the project impacts. For details see graph 11. Graph 11 40

41 Moreover, GIS information related to Moragoda Ela shows categorically different project impacts as follows. For details see Maps below. Map 02: GNDs Along with Moragoda Ela Map 03: Affected Trades and Bussiness Land Plots Along with Moragoda Ela 41

42 Map 04: Affected Residential Land Plots Along with Moragoda Ela Map 05: Affected Non-agricultural Land Plots along with Moragoda Ela 42

43 Map 06: Affected Agricultural Land Plots along with Moragoda Ela Map 07: All Affected Land Plots along with Moragoda Ela 43

44 VIII: COMPENSATION AND RESETTLEMENT The PAPs are not highly concern yet on the proposed project activity due to lack of correct information and detail design of canal development. However, the study team has circulated general information sheet/leaflet (see Annex VI) about the project and it indicates about the Moragoda Ela project activity. Next, they have given some information through Research Assistants about the project activity. Therefore, majority of PAPs have not responded on their resettlement options. However, table 15 shows PAPs current resettlement options. Table 15: PAPs Opinion about Resettlement Options Resettlement Options Priority 1 Priority 2 Priority 3 My own in remaining land My own in a new land within the same area My own land in other area Settle in MOD&UDA resettlement site Expect a house in a resettlement site Divide money among my children and settle in their house Other Not Responded Total According to their priority, first priority is settle in a resettlement site develop by the MoDUD. However, they do not have clear idea yet about the actual impact of the project activity. Their second priority is settled in remaining plot of land. They are on the opinion that the project activity doesn t make much impact on their livelihood. Their option too related to second priority and they wish to settle in any given place near by the current place of living. As highlighted in FGDs, it should not affect to their main source of income. Therefore, identifying resettlement site near by the Moragoda Ela is a challengeable task and also livelihood restoration will be a major task of this project activity. However, the study team has explore their pattern of decision making at a time of critical point in their life. Table 16 illustrates their response and first priority has given to the HH. Second and third priority indicates that HH is willing to discuss the matter with other family members when there is a requirement. Table 16: PAP s Decision Making Pattern on a Critical Event of Their Life Decision Making Pattern Priority 1 Priority 2 Priority 3 Take my own decision Discuss with my spouse Discuss with all family members Accept MODUDA decision Take advice from a suitable person Not responded Total

45 IX: CONSULTATION PARTICIPATION Information dissemination process needs to maintain transparency of the project. This reduces potential conflicts, minimize the risk of project delays, and enable the project to design the resettlement and the rehabilitation programs as a realistic achievable plan conceived through a coordinated attempt of all parties in a democratic participatory manner to suit the needs and priorities of the PAPs. The actions that need to be undertaken for inclusive participation in the various stages of resettlement planning are as follows: Identification of stakeholders who will be involved in resettlement planning and implementation (PAPs, local officials, host communities at resettlement sites, project authorities, donor representatives, elected officials, approving and implementing agencies, NGOs); Dissemination of information (including project entitlements) and identification of appropriate mechanisms for feedback and facilitating the consultation process; and Identification of a grievance redress mechanism (Grievances Redress Committee) and procedure (see section XI for more details). PMU/EA would also ensure that resettlement plan is made public and its copies should be made available to the public following WB's Public Communication Policy. There are 352 individuals (primary and secondary stakeholders) consulted through FGDs (36), KIIs (30), and a stakeholder meeting conducted under the preparation of SA (352) and ARP (93). List of consulted stakeholders is summarized in Annex VII. In addition, it is recommended to have stakeholder consultation further as suggested in table 17 (List of Monitoring Indicators). Furthermore, as indicated above, there is another specific process where that any PAP would be consulted which is grievances redress mechanism (for details see Section XI of this report). X: INSTITUTIONAL FRAMEWORK There are several institutions to support implementation of all project activities under the GGCDP. However, most vital institutions are MoDUD, PMU, SLLRDC, Urban Development Authority (UDA), GMC, and DSD are directly responsible for any involuntary resettlement activity which will take place in this project. All these institutions need to be coordinated to resolve all issues related to resettlement (for details see XIII Implementation Schedule stated below). XI: GREVANCE REDRESS MECHANIM Care shall always be taken to prevent grievances rather than following a redress system. Grievances can be minimized through careful project design and implementation by ensuring full 45

46 and true participation and in consultation with PAPs, establishing rapport between the community and MoDUD through frequent interactions, transparency, and monitoring. A Grievance Redress Mechanism (GRM) will be established by PMU/MoDUD that will allow PAPs to appeal against any disagreeable decisions or practices arising at the designing and implementation stages, especially on technical decisions and affected assets or to settle any general project-related disputes including construction related issues/impacts. PAPs will be made fully aware of their rights and the procedures for making a grievance whether verbally or in writing during consultation. Hence, five project specific internal grievance redress instruments include the following; a. CDOs appointed by the PPAs/PIUs; b. LRCs formed at the resettlement locations by PPAs/PIUs; c. GRCs appointed by PPAs/PIUs d. Project Director and Additional Secretary/MOD&UD; and e. Independent Grievance Panel (IGP). Under SCDP and two external instruments namely Samatha Mandala (conflict resolution committees) appointed by the Ministry of Justice and Courts are also available for the PAPs for redress of grievances. The PAPs can opt to have recourse to any of these instruments. A grievance redress process is shown in Diagram 1. All the grievance redress instruments should ensure that the complete proceedings of each case is registered and recorded. Diagram 01: Proposed Structure of GRM Source: Social Management Framework, SCDP To resolve grievances and complaints, each PPA/PIUs will establish a GRC common to all sub projects coming under its purview. The composition of the GRC could be changed to suit PAP s location from where the grievance emanates. It is essential to ensure that gender balance in the 46

47 composition of the membership. Membership of the priests and GN will change when the PAPs are relocated. Members of the committee should be knowledgeable about the project and they are able to ensure proper presentation of grievances and complaints and as well as impartial hearings and transparent decisions. The PPAs/PIUs should conduct workshops for the members of the GRCs to enrich them with knowledge on the project; organization of GRC, its objectives, conducting the deliberations and arriving at balanced resolutions. XII: RESETTLEMENT BUDGET AND FINANCING Usually, the resettlement plan includes a preliminary cost estimate for compensation, rehabilitation and other restoration/assistance entitlements of PAPs, with a breakdown by agricultural land, residential land, commercial land, houses and commercial structures, and other assets. In general, land value per perch along with the Moragoda canal is SLR 250, As highlighted above, there are 380 perches identified as affected land with the 4.5 indicative width. Therefore, total compensation value for lands will be SLR 116,250, (95 Millions). In addition to the land cost, there are several additional costs for structures. As per the entitlement matrix and project policies applied, especially replacement cost. The table 17 shows more details of cost for structures affected by the project activity. The total cost for structures is SLR 1,191.3 Million. Table 17: Cost Estimate for Affected Structures Type of Property Total Partially Affected Fully Affected Total Value Units # PA S. F. Value # FA S. F. Value House , ,310, ,563 32,812, ,122,750 Shed , ,000 Parapet wall and gate 8 4 1,362 1,362, ,785 5,677,500 7,039,500 Live fence , , , ,500 Other , , ,500 Grand Total , ,840, ,923 39,068, ,909,250 The total cost for land and structures is SLR Million. XIII: IMPLEMENTATION SCHEDULE The EA of the Project is MoDUD which is responsible for overall project coordination. A PMU under the EA will manage and coordinate project implementation. The MoDUD will provide guidelines in undertaking social assessments (including IR formulation) to the PMU. The PMU will undertake required social assessments (including IR issues) for the project, providing required technical assistance and project consultants. Roles and responsibilities of agencies involved in RAP preparation and implementation are in Table

48 Table 18: Agencies Responsible for Resettlement Implementation Activity Agency Responsible Hiring of Consultants/Resettlement Specialists MoDUD/PMU Conducting SA and screening checklists PMU/Consultant Screening for land acquisition (if any) and resettlement MoDUD/PMU/WB impacts Preparation of Resettlement Plan Consultant Review and Approval of Resettlement Plan MoDUD/PMU/WB Verification survey for identification of PAPs MoDUD/PMU Consultation and disclosure of Resettlement Plan to PAPs MoDUD/PMU Notify construction starting date to PAPs MoDUD/PMU Assistance in replacement of damage structures MoDUD/PMU Restoration of temporarily acquired land to its original state including restoration of private or common property resources Monitoring by MoDUD/PMU Internal monitoring MoDUD/PMU External monitoring Independent Agency to be nominated XIII: MONITORING AND EVALUATION The objectives of the monitoring are: 1). to ensure that the standard of living of PAPs is restored or improved, 2). to monitor whether the time lines are being met, 3). to assess if compensation, rehabilitation, replacement measures are sufficient, 4). to identify problems or potential problems, and 5). to identify methods of responding immediately to mitigate hardships. A monitoring and evaluation program will be implemented to (a) record and assess project inputs and the number of persons affected and supported by the project, and (b) confirm that former subsistence levels and living standards are being re-established. The range of activities and issues that would therefore have to be recorded and checked. Therefore, it is of paramount importance to establish more specific monitoring indicators for the project as indicate below: Table 19: List of Monitoring Indicators S. No. Indicator Means of Verification Time of Verification 1. Number of households affected Secondary data of PMU and primary data Before and after collected through FGDs by the monitors constructions 2. Size and quantity of properties and Secondary data of PMU Before and after assets (lands and structures) constructions affected 3. Method of compensating or Secondary data of PMU Before and after restoration of all affected properties constructions and assets 4. Number of properties affected Primary and secondary data of PMU Before and after constructions 5. Improvements of livelihood of PAPs Primary and secondary data collected After constructions 48

49 6. Number of construction related incidents 7. Number of conflicts between inhabitants and workers of the projects through FGDs by the monitors Primary and secondary data of PMU andafter constructions primary data collected through FGDs by the monitors Secondary data of PMU and primary data After constructions collected through FGDs by the monitors 8. Number of vulnerable Primary data collected through FGDs and Before and after people/households faced KIIs by the monitors constructions impoverishment 9. Number of reported cases to the Secondary data of PMU After constructions GRM 10. Number of reported cases resolved Secondary data of PMU and primary data After constructions collected through FGDs and KIIs by the monitors 11. Number of women participated in Secondary data of PMU and primary data After constructions project related activities collected through FGDs by the monitors 12. Number of CBOs/NGOs involved in project related activities Secondary data of PMU and primary data collected through FGDs by the monitors After constructions A monitoring and evaluation program will (a) record and assess project inputs and the number of PAPs, and (b) ensure that the PAPs former subsistence levels and living standards are being reestablished. The range of activities and issues would therefore have to be recorded and checked. For this purpose it is better to have two processes of monitoring and evaluation, namely, a). Internal monitoring which will be conducted by project staff of each MoDUD/PMU, and b). External monitoring which will be conducted by an independent body of experts. Both internal and external monitoring should be taken place at least in three stages of the project. They are: a) before commencing construction, b) after preparation of ROW for improvement, and c) after completion of the construction. 49

50 Annex I: TOR for RAP Preparation Strategic Cities Development Project (SCDP) Draft Terms of Reference Resettlement Planning for Year 1 Activities 1 Background: The Government of Sri Lanka ( GoSL) under its national development vision ( Mahinda Chinthana) aims at developing major cities outside of Colombo to share the benefits of an inclusive economic growth and prosperity with regions and provinces. In line with the above overall national development objective, the GoSL sets out a Sri Lanka Strategic Cities Development Program as a common platform where the World Bank embarks on the first phase of development for two pilot cities as demonstration and the government and/or other development partners could undertake other future investments in parallel or subsequent phases. 2 The Project The project development objective (PDO) is to contribute to the improvement of urban services and livability in selected strategic cities of Sri Lanka. The proposed project aims to bring about city transformation through strategic investments by leveraging on the city/city region s particular cultural and economic assets. This will be achieved through shaping city transformations based on cities cultural and economic assets with strategic investments. The SCDP has two main categories of strategic investments: (i) integrated service delivery with system-wide basic urban services improvement thereby enhancing the functional aspects of the city; and (ii) integrated urban planning with catalytic urban upgrading efforts thereby enhancing the attractiveness and livability of the city. Improving the function and the livability of cities would therefore boost the economic competitiveness of these strategic cities and bring about economic growth. Based on the urban agglomeration analysis for Sri Lanka, Greater Kandy area and Greater Galle area appear to be the most urbanized regions outside of Colombo Metropolitan Region. Both Kandy and Galle are attracting population and economic activities faster than they are able to keep up with service delivery; both cities possess historical and cultural significance where untapped potential to attract local and international tourism in longer run; both possess underlying market potential that can be leveraged and both have existing or planned market access points (e.g. southern expressway to Galle and planned expressway access to Kandy) that allow the benefits of agglomeration to be realized. Project Components. The project comprises three components. Component 1 encompasses interventions for Great Kandy Area. Component 2 focuses on the interventions for Great Galle Area and Component 3 will provide implementation support 50

51 and technical assistance activities, with the objective of increasing the technical capacity of municipalities to plan and implement their own infrastructure projects. Component 1: Greater Kandy Interventions: Kandy is an internationally acclaimed UNESCO world heritage site where one of the most important Buddhist temples in South Asia is situated. As a heritage city, Kandy is uniquely placed to leverage its cultural and natural assets. Coupled with its hilly terrain and unique location in an environmentally sensitive area, it is facing critical challenges in terms of traffic congestion, environmental protection, water scarcity and solid waste management. Therefore, the key development concept for Component 1 is to relieve traffic congestion and upgrade downtown services and livability to improve and sustain the world heritage city. Regional infrastructure/services would include transport infrastructure for reducing congestion, increasing mobility and access, and a transfer station to the regional landfill site. Municipal infrastructure/services would include canal and urban drainage improvements, rehabilitation of municipal water supply network, public urban transport interventions (bus and rail), urban center upgrading, local road and junction improvement, enhancement of public spaces or urban parks and pedestrian amenities. Planning and engineering services would be included, together with the preparation of a Cultural Heritage and Conservation Master Plan, the latter being an essential requirement for supporting the rating that Kandy has of a World Heritage City. These investments will complement the planned Colombo- Kandy Expressway and other transportation investments to be financed by the GoSL. Component 2: Greater Galle Interventions: The Greater Galle area, including the Galle- Matara region is located on the Southern coast of Sri Lanka, about 120 to 180 kilometers from Colombo. Since the opening of the Southern Expressway, the access to Galle from Colombo has improved significantly and this has brought much pressure for development in the city. With the future extension of the Southern Expressway to Matara and Hambontota, Galle is becoming a major city hub in the country s southern coastal development belt, and should be considered in its entirety in the regional context. Therefore, the key development concept for Component 2 is to integrate coastal development and management, stimulate tourism development and integration with urban centers through urban infrastructure/services improvement. The component will comprise investments in infrastructure/services at the Greater Galle coastal belt area to support the implementation of an integrated coastal management plan, especially key elements to manage the tourism development and balance with environment protection. Municipal infrastructure could include solid waste transfer stations, service upgrading in the Dutch Fort area, canal and urban drainage improvements, upgrading of municipal assets in urban centers, local road and junction improvement, enhancement of public spaces and urban parks, and improving coastal access and pedestrian amenities. Component 3: Implementation Support and Capacity Building: This component will aim to strengthen institutional capacity at metropolitan and local level, and support project 51

52 implementation. It could finance the incremental costs of the Project Management Unit (PMU) and Project Implementation Units (PIU) associated with project management and implementation support. This covers the costs for staff and consultants for supervision, monitoring, evaluation of project impact, training, institutional capacity building, preparation of future projects and any strategic studies needed during project implementation. Support to the municipalities to engage consultant for project planning, preparation and implementation, will also be explored. Implementing Institutions. The Ministry of Defense and Urban Development is the main implementing agency of the GoSL A Project Preparation Team (PPT) has been established under the Additional Secretary of Ministry of Urban Development. The Urban Development Authority (UDA) is the primary implementing agency entrusted with the tasks of to carry out technical planning and designs as well as social & environmental assessments that are necessary for project appraisal which is tentatively programmed to be held in December A fully functioning Project Management Unity ( PMU) still to be set up under the MDUD and there are several key implementing partners including, Road Development Authority( RDA) Municipal Councils of two cities and adjacent Local Authority bodies, National Water Supply & Drainage Board ( NWSDB). There will be several other government and non-government stakeholders that will be known after this social assessment process. Planning Approach. A broad portfolio of interventions has been identified under SCDP. The project will follow a programmatic and phased approach in the detailed planning and design of the proposed schemes. Phase - I schemes are planned to have their detailed designs completed before the World Bank appraisal while the rest will be designed by phases during the project implementation progress.. 3 Objective and Scope of Work This assignment is to develop a social management framework for the entire project and conduct the resettlement planning for Phase I investment schemes, and develop resettlement action plans in compliance with relevant government and World Bank policies. Preparation of Social Management Framework (SMF). The Ministry of Defence and Urban Development which is the implementing agency of this project has already developed a Social Management Framework (SMF) for the Metro Colombo Urban Development Project (MCUDP). This framework was prepared in compliance with the relevant government and World Bank policies and has been reviewed and approved by both the Government of Sri Lanka and the World Bank. It is now guiding the social planning of investment schemes under the MCUDP. Similarly, an SMF will need to be developed for the proposed Strategic City Development Project. The consultant will review the MCUDP SMF and update it for the proposed Strategic City Development Project, on the basis of the findings of the Social Assessment. 52

53 Resettlement Planning Year-1 Activities. Following the programmatic approach, Year-1 investment schemes are currently under detailed planning. Their engineering designs will be completed for World Bank appraisal. As part of the detailed planning, resettlement planning will be completed in compliance with relevant government and World Bank policies. Resettlement planning will involve the following key activities, Socioeconomic baseline (replicating largely the SA, but zooming in on the communities immediately in the project scheme area) Inventory survey of physical impacts Census survey of the affected population Development of the entitlement policy matrix Development of compensation and resettlement schemes Consultations with the affected communities regarding the impacts, compensation and resettlement schemes Formulation of implementation arrangements, such as institutional, monitoring and grievance redress arrangements and mechanisms) The planning output is a resettlement action plan. Depending on the scale of impacts and interventions, one single resettlement action plan can be prepared for all the schemes in Year-1 or scheme-wise resettlement action plans can also be prepared. These plans will be reviewed and approved by both the government and World Bank before appraisal for compliance with their respective policies. 4. Methodology The methodologies to be employed by the consultant for this assignment include the following Collection and desk review of relevant records, policies, research outputs and other documents; Focus group discussions and meetings; Interviews of key informants Necessary field surveys Activity-specific methodologies and tools will be selected, determined and described in the assignment inception report. 6 Assignment outputs The assignment will deliver the following outputs A social management framework A resettlement action plan(s) for Year-1 investment schemes The above plans will need to be prepared in English and local languages (Sinhala and Tamil). The consultant will prepare an inception report within two weeks of appointment that describes in detail its working plan to complete this assignment. 53

54 7 Duration of the Assignment The time period required for this assignment is envisaged to be three months, starting from September 15, Qualification of Experts: The consultant/s should include a team of experts, including a leader and experts with experience in land acquisition and resettlement planning, community development, knowledge and application experiences of World Bank safeguard policies. 54

55 Annex II: List of Stakeholders for Initial Meeting at GMC List of Stakeholders Greater Galle City Development Project Ministry of Defense and Urban Development 1. Department of Irrigation 2. Municipal Council Galle (Mayor and All Members) 3. Municipal Council Hikkaduwa 4. Galle Fort Heritage Foundation 5. RDA District Engineer 6. Port Authority Galle 7. Naval Headquarter Southern 8. Police DIG/SSP/ASP and OIC Galle Police Station and Hikkaduwa Police Station 9. District Secretary Galle/ Mr. Ravindra 10. Planning Director Galle District 11. Divisional Secretary Galle Four Gravest 12. Planning Director Galle Divisional Secretariat 13. Divisional Secretary Hikkaduwa 14. Planning Director Hikkaduwa Divisional Secretariat 15. Director Southern Expressway Development Project/RDA 16. Chief Minister Southern Provincial Council 17. Ministers and Members of Provincial Councils/Southern Provincial Council 18. Parliamentarians of Galle Districts (including opposition members) 19. PRDA Southern Province 20. Costal Conservation Authority 21. Trading Association of Galle 22. Trading Association of Hikkaduwa 23. Hotel Association (owners) of Galle 24. Hotel Association (owners) of Galle 25. District Agrarian Service Director Galle 26. Principal Allocious/ Vidyaloka/Olcott/Southland Girls/ Richmond /Mahinda/Sangamittha Girls/Rippon Girls 27. Archeological Survey Department 28. Private Bus Owners Association of Galle 29. Three Wheel Drivers Association of Galle 30. Private Bus Owners Association of Hikkaduwa 31. Three Wheel Drivers Association of Hikkaduwa 32. MOH 33. PHI in Galle and Hikkaduwa 34. Tourist Promotional Bureau of Galle District 35. Temples 22 (Prominent: Viyananda Pirivena/Vidyaloka Privena/Kachchiwatta Temple/Tuwakkugala Temple) 36. Kovil 02 (Kitthange and?) 55

56 37. Churches 03 (Allocious and Richmond) 38. Muslim Church Railway Department and Galle Station Master 40. Weligama Urabn Council Mayor and Members 41. Divisional Secretary Weligama Divisional Secretariat 42. Planning Director Weligama Divisional Secretariat 43. Traders Association of Weligama Town 44. Southern Development Authority Directors of Galle and Matara Districts 45. Sri Lanka Cricket Board Galle Stadium 46. Southern Province Private Bus Passengers Authority 56

57 Annex III: A: Socioeconomic and Assets Verification Survey Questionnaire STRATEGIC CITIES DEVELOPMENT PROJECT GREATER GALLE Q. No: Temporary RESETTLEMENT PLAN PREPARATION Ministry of Defense and Urban Development, Sri Lanka Actual Q. No. Socio-economic and Assets Verification Survey Questionnaire S.N. Description Instruction A. GENERAL INFORMATION 1 GPS Location: Write 2 Type of Land Residential Trade/Business Non Agricultural Agricultural 4 District 5. Divisional Secretariat Division Write 6 Name of GN Division 7. Code No. Write 8 Village/Town name: Write 9 Name of the household head: Write 10 National identity card No. Write 11 Address: Write 12 Name of Respondent: Write 13 National identity card No. Write 14 Relationship to the household head*: Use NC 15 Ethnicity: Sinhala Tamil Moor Other B. INFORMATION OF AFFECTED HOUSEHOLD: 16 Characteristics of household: Write No. Name of HH member Relation to household head * 1 HH/CO Age Sex* Marital Status* Any disabilities* Education* Occupation* Monthly Income Primary Secondary /Allowances C. BUSINESSES INFORMATION 17 Commercial Activities (Though you have collected family details in Q. 16 it is necessary to collect trade/business details of the PAP including other members (workers/employees) who support for business) Relation to Any Occupation* No Age Sex* Education* Businessman* Disability* Primary Secondary Monthly Income /Allowances* Magnitude of Impact to Each PAP* Use NC Pay attention on secondary occupation Write Use NC If not relevance go to Q Specific details of commercial activities: Use NC 57

58 Type of Business* Year Commenced Status of Registration* Place of Registration Write S.N. Description Instructio n 19 Name of the land owner: Write D. LAND AND CROPS INFORMATION 20 Please provide information about your household s land holding status: Use NC Write Land holding status 1. Owned and operated 1 2. Owned and operated 2 3. Owned and operated 3 4. Shared in 5. Shared out 6. Mortgaged in 7. Mortgaged out 8. Leased in 9. leased out 10. Rented in 11. Rented out 12. Other Total land holding (perch) Type of ownership* Year owned Area (Perch) Value of a perch Type of use * Total Affected (Rs.) 21 Major crops cultivated and value: Use NC Write Crop* Quantity Affected Quantity Age of affected crop Total area (perch) Affected area (perch) Value of a crop unit* Total value of the affected units 22 Properties affected within the land affected. Write Properties Total Affected Area Number Area # Area Not Affected # Number of Storeys Partially Affected Nature of Impact Value Rs. Fully Affected Value # Use Square Feet 1. House 2. Shop 3. Combined House Shop 4. Shed 5. Barbed wire fence 6. Parapet wall and gate 7. Factory 8. Store 9. Live fence 10. Other # Square Feet 23 Status of land ownership: Write Legal Title No Title but Claims Ownership Tenant Squatter Lessee Rented 24 If tenant, squatter, renter or lessee, provide full name, address, and phone number/s (if available) of the owner Address: Phone/s: Write. If not relevance go to Q

59 25 If you are the legal titleholder provide following information: Write Land holding Type of deed* Year owned Any legal Any family Any individual Use NC status inquiry* land dispute* land dispute* Use the order No. of land holding in Q. 20 S.N. Description Instructio n 26 If your land partially affected, do you think that remaining portion of land is sufficient for Land holding status Future use* Comments Write Use NC If not relevanc e go to Q. 27 E. BUILDINGS/HOUSE/STRUCTURES AFFECTED (Only affected houses/assets): If not go to Q Do you own this house? Yes No 28 If no, who owns this house? Name: Write 29 Address: Write Phone: Write 30 On what conditions are you living in this house/structure? Own house Caretaker On rent /lease Other Write 31 If rented or leased accommodation, provide following information: Write Monthly rent or leased amount: Rs. Years occupied Years expected to stay further Any alternative place* Need any institutional support to find a place* Use NC 32 Did you obtain any credit to build this/these house/structures? Yes, but covered Yes, still paying Balance amount Source of credit* No Write Use NC 33 Please give the following information about the structure(s) affected by the project Description Structure 1 Structure 2 Structure 3 Structure 4 Type of structure* Type of use** Storeys Rooms Total area (L x W) (in feet) Availability of electricity*** Availability of telephone*** Availability of piped water*** Year built Replacement Cost Rs. Write Use NC 34 How many nuclear/sub families are living in your house/s? Write 35 Do their information included under Q. 16? Yes No 36 If no, what is the main reason? Write 37 Do you have another house which is not affected by the project? Yes No 59

60 38 What are the available housing utilities and other facilities in your residence/s? Use NC Facilities/Equipment* Units available at the time of observation TV/VCD/DVD Radio Vehicle* Basic Furniture Sanitary facilities Structure 1 Structure 2 Structure 3 F. INCOME AND EXPENDITURE PATTERNS 39 Please provide your patterns of expenditure per month in Rupees (approximately) Write Sector/category Foods Education Health Religious Social Savings Credits O Family expenditure (Rs.) GRAND TOTAL Oth S.N. Description Instructio n 40 What were the sources of income and total monthly income of the family in Rupees? Write CO/HH Member Wage Emp. Agricultural Livestock Spouse Other Member 1 Other Member 2 Sub Total GRAND TOTAL Remittance/Subsidy Trade/ Interest if Ot Samurdhi Foreign Other Industry any 41 If you do livestock farming provide following information Type Number Year started Value Rs. Cows Buffalos Goats Fowls Pigs Other Write If not go to Q Do you own a bank account? Yes No 43 Type of account? Savin g Current Joint Account? Individual? Write 44 Have you taken any loan other than housing? Yes No Current Write balance 45 Purpose of taken? Year taken? Write G. RESETTLEMENT OPTIONS 46 If your land and structures are fully affected how do you plan to resettle your livelihood? Write Option Priority order Comment if any My own in remaining land Get priority My own in a new land within the same area order My own land in other area Settle in MOD&UDA resettlement site Expect a house in a resettlement site Divide money among my children and settle in their house Other 47 How will you make this decision? Write Method Priority order Comment if any Take my own decision 60

61 Discuss with my spouse Discuss with all family members Accept MODUDA decision Take advice from a suitable person Other 48 What are the distances for following place from your current residential place? (Km) Write Place Distance Priority order Comment if any Temple/Church/Mosque School Dispensary Nearest hospital Market Railway station Main road access Community centre Other S.N. Description Instructio n 49 What are the formal organizations you and family members have permanent membership of? Write Organization The Nature of Relationship* Priority order Temple Development Association Samurdhi Development Society Death Donation Association Cooperative Society Women s Development Society Farmer Organization Rural development society Youth Service Society SANASA Development Society Other H. PROJECT IMPACT (in your opinion): 50 What are the negative social impacts of this project? Write Negative Impact Priority order Uncertainty in our social network with neighbours Uncertainty in our social network with relatives Distance from our town/indigenous community Children s education will be disrupted Uncertainty in our food security and access Uncertainty in our income sources Undergoing hardship during the project construction period Other 51 What are the negative environment impacts of this project? Write Negative Impact Priority order Will experience flooding frequently Will experience poor water quality Noise pollution Dust and air pollution Damages to our remaining property 61

62 Change in our green environment Other 52 What are the positive social impacts of this project? Write Positive Impact Priority order We can own a modern housing structure Will get good access to area National development Urban development Clean and well maintained city Attraction in tourism More recreational opportunities for the people Other 53 What are the direct impacts on your family members likely to be? Write Family Member Relationship to HH* The Nature of Impact Use NC of Q. 16 S.N. Description Instruction 54 What are the positive environmental impacts of this project? Write Positive Impact Priority order Well plan city and scenic beauty Reduce road traffic and accidents Urban environment protection and conservation Proper waste and garbage disposal system Improvement in tourism Positive attitudes towards the city environment Other 55 Are you aware of the following (multiple responses allowed) Description Yes No Land Acquisition Act (LAA) National Involuntary Resettlement Policy (NIRP) Ex-gratia package for affected people by the Projects 56 Special Comments given by the respondent Write 57 Special Comments/observation by the enumerator Write Name of the enumerator: Signature: Essential Date of enumeration: Name of the respondent: Signature: Essential Checked by: Signature: Data entered by: Signature: 62

63 Provide a sketch of the land and key properties (Mark North): 63

64 Annex III: B: List of Numerical Codes List of Numerical Codes (NC) * Numerical codes for question No. 14, 16, 17 and 53: Relationship to household head (HH) Disability Occupation 1. Wife/Husband 1. Not disabled 1. Farming own land 2. Son 2. Major 2. Agricultural labour 3. Daughter 3. Minor 3. Non-agriculture labour (skilled) 4. Father 4. Non-agriculture labour (unskilled) 5. Mother Education 5. Fishing 6. Brother 1. Illiterate 6. Weaving 7. Sister 2. Can place signature 7. Animal Husbandry 8. Daughter in Law 3. Waiting for schooling 8. Commercial Activities 9. Son in law 4. Class I-V 9. Vendor (Specify) 10. Other (specify) 5. Class VI-G.C.E. (O/L) 10. Government Services/ Executive 6. G.C.E. (O/L) Pass 11. Government Services/ other grades Marital Status 7. G.C.E. (A/L) Pass 12. Private Sector/ Executive 1. Married 8. Undergraduate/Graduate 13. Private Sector/ other grades 2. Unmarried 9. Post Graduate 14. Armed forces 3. Widow/Widower 10. Other (specify) 15. Police, Homeguard/Private Security Services 4. Divorced 16. Housewife 5. Separated Sex 17. Retired person 6. Others (specify) 1. Male 18. Student 2. Female 19. Child (0-5 age) 20. Unemployed 21. Other (specify) Relation to the Businessman Magnitude of Impact 1. Businessman/Owner 1. Major/Completely Income/Salary/Allowances (Rs.) 2. Manager 2. General 1. < Cashier 3. Minor Permanent Employee 4. No impact Casual Employee Security Guard Other (Specify) > * Numerical codes for question No. 18: 1. Retail shop (essential items) 2. Whole sale shop (essential items) 3. Small shop (services) 4. Large shop (services) 5. Store 6. Garage/tyre shop/service centre 7. Vehicle yard (selling) 8. Hardware shop 9. Hotel /restaurant/bar 10. Tea shop 11. Fuel centre 12. Vegetable shop 13. Fruit shop 14. Fish stall 15. Small scale factory 16. Large scale factory 17. Other (specify) * Numerical codes for question No. 20: Type of Ownerships Type of ownerships 1. Individual deed 2. Gifted/under control 3. Unpatricianal shared use 4. Jayaboomi/Swarnaboomi 5. Permit issued 6. Permit pending 7. Leasing deed 8. Rental 9. No deed or permit 10. Other (Specify) Type of Uses 1. Residential 2. Trade/business 3. Agriculture 4. Horticulture 5. Bare land 6. Other (Specify) 64

65 * Numerical codes for question No. 21: Type of Crops 1. Home garden (flower plants) 5. Cinnamon (bushes) 9. Bread fruit # 13. Fire wood # 2. Paddy (acres) 6. Banana (bushes) 10. Jack # 14. Timber # 3. Tea (acres) 7. Coconut/king coconut # 11. Lemon/Lime # 15. Other 1 (specify) 4. Rubber (acres) 8. Mango # 12. Orange # 16. Other 2 (specify) * Numerical Codes for question No. 25: *Type of Deeds 1. Individual deed 2. Gifted/under control 3. Unpatricianal shared use 4. Jayaboomi/Swarnaboomi 5. Permit issued 6. Permit pending 7. Leasing deed 8. Rental 9. No Deed or Permit 10. Other * Any Inquiry or dispute Yes 1 No 2 * Numerical Codes for question No. 26: Purpose of Future Use 1. Commercial Activities 3. Agricultural purpose 2. Residential purpose 4. Other (Specify) * Numerical Codes for question No. 31: Yes 1 No 2 * Numerical Codes for question No. 32: Source of Credit 1. Government bank 5. NGO 2. Private bank 6. Barrowed from a friend/relative 3. Institutional loan 7. Seettu 4. Rural credit/rural bank/cooperative bank 8. Money lender 9. Other (Specify) * Numerical codes for question No. 33: Type of Structures 1. Thatched simple hut 2. Mud/brick/tiled roof 3. Cement/brick or cement block /tiled roof or Asbestos roof 4. Cement/brick or cement block /GI sheet roof 5. Cement/ brick or cement block/concrete roof 6. Tiled/brick or cement block /tiled roof or Asbestos roof 7. Tiled/ brick or cement block/tiled roof or asbestos roof 8. Others (specify).. Type of Uses** 1. Residential house 2. Rented house 3. Trade/business 4. Residential and Trade 5. Stores 6. Shed 7. Abandoned/not in use 8. Other (specify).. Availability *** Yes 1 No 2 * Numerical codes for question No. 38: 65

66 Type of Vehicles 1. Car 4. Lorry 7. Tractor small 10. Other (Specify) 2. Van 5. Bus 8. Heavy vehicle 3. Motor Bicycle 6. Tractor large 9. Jeep * Numerical codes for question No. 49: The Nature of Relationship 1. Regular 2. Irregular 3. When necessary 4. Other (Specify) 66

67 Annex V: GAP Analysis: WB and GoSL Legislatives and Policies on Resettlement Aspect GOSL Laws/Policies WB.OP.4.12 Measures to Bridge the GAP Requirement of a RAP Does not require under the LAA, NIRP requires that a comprehensive RAP for projects exceeding displacement of more than 20 families. A project affecting 100 families is considered as a prescribed project under the NEA. Compensation for non-title holders Consultation with stake holders Participation of PAPs to planning, implementation and monitoring of involuntarily resettlement Identification of affected people through initial baseline survey LAA consider only titleholders and tenants protected under Rent Act 1972 NIRP policy principles states that affected persons who do not have documented titles to land should receive fair and just treatment. Does not require under LAA, it is a requirement under NIRP, Does not require under LAA, the full participation of the provincial and local authorities in the planning and implementing process is a requirement under NIRP, No stipulation for the Identification of affected people through initial baseline survey RAP is required for the project exceeding displacement of more than 200 people. The entitlements will be provided to those who have no-title for the land or structures in the project area prior to the cut-off date for eligibility or resettlement assistance. Consultation is required with displaced persons (Same as NIRP) Participation of PAPs to planning, implementation and monitoring of involuntarily resettlement is encouraged. Identification of affected people through initial baseline survey is required. Cut-off date No stipulation for the cut-off date The establishment of the eligibility cut-off date is required. Public disclosure including RAP LAA statutorily imposes all communication to be publicly announced through legal notifications in print media, and through GN officers Provided in the NIRP If the project is subject to an IEE or EIA, the report should be available for the information of the public or public comments respectively. No stipulation on the public release of RAP is found. Income Restoration LAA regulation 2008 has considerations for transition period, like paying expenses for finding alternative accommodation etc and other payments for disturbances NIRP Provides. Income should be restored and livelihood be reestablished and standard of living improved. 72 Project Management Unit (PMU) for the project follow the NIRP which spell out the type of RAP to be prepared. PMU for the project follow the NIRP Entitlement matrix is a part of RAP PMU follow the NIRP and OP.4.12 indicated in the RAP PMU follow the OP.4.12 indicated in the RAP PMU follow the OP.4.12 indicated in the RAP PMU follow the OP.4.12 indicated in the RAP Public disclosure is required RAP will be disclosed to the public and will be available in the web site of MoDUD and JICA. The entitlement matrix will be translated in local language and distributed to PAPs. Income should be restored PMU follow the NIRP and OP.4.12 indicated in the RAP

68 Aspect GOSL Laws/Policies WB.OP.4.12 Measures to Bridge the GAP Taking over possession before Payment of compensation Grievance Redress Mechanism LAA provide, NIRP does not allow MoDUD s customary practice is not to remove APs before paying compensation and other concessions. LAA has provisions for formal appeals in the country s legal system. Establishment of a project based GRM is an explicit objective of NIRP. Replacement Cost LAA new regulations (2008) have provisions Provided in the NIRP Assistance for vulnerable people LAA is silent on this aspect. NIRP require special treatment for the vulnerable groups. Does not allow PMU follow the NIRP and OP.4.12 indicated in the RAP Requirement under the OP.4.12 Provided in the RAP The borrower will compensate them for the loss of assets other than land such as dwellings and also for any other improvements to the land at the full replacement cost. OP.4.12 requires a special assistance for the vulnerable people. Project will follow the NIRP and entitlement matrix provided in the RAP. Provision is available in the RAP. 73

69 Annex VI: Information Brochure 74

70 75