Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Government of Sao Tomé and Principe Central African Backbone (CAB) Project Africa Coast to Europe (ACE) Submarine Cable Abbreviated Resettlement Action Plan Final 4 July 2011 Prepared by: Paul Scherzer E&D Consulting Services PO Box 222 Felixton, 3875 South Africa Email: paul@edcs.co.za
EXECUTIVE SUMMARY The Government of Sao Tomé and Principe and the Companhia Santomense de Telecomunicaçoes (CST), with assistance from the World Bank, are going to finance the first submarine cable landing for the Republic of Sao Tomé and Principle (STP), the Africa Coast to Europe (ACE) submarine cable. The cable route, beach landing sites and the cable station location have been identified. The objective of this assignment is to undertake a qualitative and quantitative analysis of the environmental and social impacts and/or risks of the project and incorporate these into an Environmental and Social Management Plan (ESMP) and abbreviated Resettlement Action Plan (RAP) for the Construction and Operation phases of the project. Submarine telecommunication cables form the backbone of the global communications network. The proposed cable will extend from Europe (Segment 3) and then onto South Africa (Segment 4) and will connect a number of countries along the west coast of Africa. The main cable segments from Europe and South Africa will be joined in STP s cable station. This cable will provide STP with improved communication infrastructure and will be able to accommodate future ultra-broadband networks. The cable will pass through STP s exclusive economic zone (EEZ) (including the Joint Development Zone shared with Nigeria) and territorial waters before landing at the identified landing area. Parts of the cable connecting Cameroon, Equatorial Guinea and Gabon also fall within STP s EEZ, but do not pass through STP s territorial waters. There will be separate Beach Man-Holes for each segment of the cable, which both land at Praia Meleo and the land-based cables will run under different roads back to the cable station at Sao Gabriel. The size of the proposed cable station has been reduced considerably, from that proposed initially, and the aim is to now primarily renovate an existing building with associated parking and fuel infrastructure constructed alongside the building. The proposed cable station will require an additional 1,922m² of land that is currently being used for agriculture. Most of the farmers who will be impacted upon rely upon this garden as a source of income and some have been farming in this area for 15 years. However, the land is owned by CST and does not belong to the farmers. The proposed cable station will result in a seven individuals losing access to land, only one of which does not rely upon this area as a source of income. One of the farmers is likely to loose approximately 70% of the land which he cultivates, another will loose approximately 50%, whilst the others will loose various smaller fractions. The fact that many of these farmers have a relatively low level of formal education will make it difficult for them to easily replace the lost income. These households could be further impoverished with the loss of access to this land and best practise requires that these households be compensated for their loss and assisted where possible to restore their income earning capacity. As alternative land within the city in close proximity to the households is not available, it has been proposed that compensation be provided to cover short-term losses of income as well as a provision be made to assist and support these households in replacing lost income through improved skills or other income-generating assets of their choice. The GoSTP and CST have formed a company, STP Cabo, to implement and operate the cable station and associated infrastructure on the island. CST will be responsible for the payment of all compensation amounts. CST will also hold the funds allocated for skills compensation and release I
these upon instruction from the third party. It is recommended that a third party, such as STP Cabo, be made responsible for agreeing and confirming with the individual farmer on the livelihood support opportunity identified. STP Cabo will then instruct CST to release the funds to the relevant service provider. Section 7 outlines the outlines a grievance procedure for those individuals or groups that feel they may not have been treated fairly in terms of the compensation calculations. Section 8 includes the budget and implementation schedule whilst Section 9 outlines the monitoring requirements. II
TABLE OF CONTENTS EXECUTIVE SUMMARY...I TABLE OF CONTENTS...III FIGURES...IV PLATES...IV TABLES...IV 1. INTRODUCTION...1 2. PROJECT DESCRIPTION...1 2.1 ACE Cable...1 2.2 Project s Influence Area in STP...2 2.2.1 Marine environment...2 2.2.2 Terrestrial environment...3 3. LEGAL FRAMEWORK...6 3.1 Relevant STP Legislation...6 3.1.1 Constitution...6 3.1.2 Law on the Management of State Land Property (Law no. 3/91)...6 3.2 World Bank requirements...6 3.3 Concordance between World Bank and STP requirements...7 4. DESCRIPTION OF THE SOCIAL IMPACTS...8 5. APPROACH AND CALCULATIONS...10 5.1 Focus Group Meeting...10 5.2 Field measurement...10 5.3 Questionnaire...10 5.4 Calculation of direct loss...11 5.5 Estimation of compensation and livelihood support/restoration...11 6. IMPLEMENTATION...12 7. GRIEVANCE PROCEDURE...13 8. BUDGET AND IMPLEMENTATION...15 9. MONITORING...15 APPENDIX 1: PAP DATA SHEETS...16 APPENDIX 2: MINUTES OF THE MEETING WITH PAPS...23 III
FIGURES Figure 1: Route of the ACE Cable Project...2 Figure 2: Proposed Cable Station Layout...5 Figure 3: Outline of the proposed grievance mechanism...14 PLATES Plate 1: Praia Meleo BMH 1...4 Plate 2: BMH 1 completed...4 Plate 3: Landing area for BMH 2...4 Plate 4: Location of BMH 2 at Praia Meleo...4 Plate 5: Landing area for BMH 2...4 Plate 6: Cable being placed under the road...4 Plate 7: Old building to be renovated and road under which cables will run...5 Plate 8: Back of building and vegetables behind it...5 Plate 9: Vegetable cultivation...8 Plate 10: Vegetable cultivation...8 Plate 11: Water channels...9 Plate 12: Irrigation pump...9 TABLES Table 1: Concordance between World Bank and STP requirements...7 Table 2: Compensation cost breakdown...15 IV
1. INTRODUCTION The Government of Sao Tomé and Principe (GoSTP) and the Companhia Santomense de Telecomunicaçoes (CST) are going to finance the Africa Coast to Europe submarine cable (ACE). The World Bank is providing financing to support the linking of the ACE cable to the Republic of Sao Tomé and Principe (STP). This cable will be the first international submarine cable to land in STP. The cable route, beach landing sites and the cable station location have been identified. During the initial phases of the project an Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) were prepared which provided an overview of the natural and social environment and potential impacts to inform and guide the ongoing project design and planning process. The objective of this assignment is to undertake a qualitative and quantitative analysis of the environmental and social impacts and/or risks of the project and incorporate these into an Environmental and Social Management Plan (ESMP) and abbreviated Resettlement Action Plan (RAP) for the Construction and Operation phases of the project. Due to the small nature of the resettlement and compensation required, this document has been prepared as an abbreviated Resettlement Action Plan (RAP) outlining the procedures undertaken, the Project Affected Persons (PAPs) and households affected and the compensation proposed. 2. PROJECT DESCRIPTION 2.1 ACE Cable Submarine cables have become key facilitators of modern life. Telecommunication cables form the backbone of the global communications network. Fibre optic cables transmit voice and data traffic with higher reliability and security at a cheaper rate than satellite (www.iscpc.org). In its planned configuration the ACE cable will be 17,000km long and will run from France to South Africa (Figure 1). However, the project is being constructed and financed in phases. Segments 1, 2 and 3 of the ACE cable are expected to be operational in the first half of 2012. These segments will connect France, Portugal, Morocco, Tenerife, Nouakchott, Senegal, The Gambia, Guinea, Sierra Leone, Liberia, Ivory Coast, Ghana, Benin, Nigeria, Cameroon, Equatorial Guinea, Gabon and Sao Tomè. Segment 4 will connect Sao Tomè, the Democratic Republic of the Congo, Angola, Namibia and end in South Africa. The countries involved and timeframes for Segment 4 are still being finalised. The main cable (Segments 3 and 4) will land in Sao Tomé and be connected in STP s cable station. To reduce the risk of a single incident, such as a ship dragging its anchor, breaking the two cables, CST proposes to land Segments 3 and 4 at different Beach Man-holes (BMH) 1 and use different terrestrial cable routes back to the cable station. 1 The BMH is the first manhole on land where the marine portion of the cable is connected to the land-based cable. The BMH is never on the beach itself but is rather usually set back from the beach at a practical location. 1
Figure 1: Route of the ACE Cable Project In order to reduce the risk of cable damage from fishing activities, anchoring or offshore petroleum activities, the cable will be buried wherever possible in water depths of less than 1,000m. Cable burial is achieved with the use of a specially designed sea plough or remotely operated vehicle that trenches and buries the cable. Cable burial is not possible at all areas on the continental shelf of Sao Tomé as this depends on the composition and thickness of the sediment layer. 2.2 Project s Influence Area in STP 2.2.1 Marine environment During preparation of the ESMF it was decided that the extent of this project in STP would be to the seaward limit of STP's Exclusive Economic Zone and that for the purposes of subsequent environmental assessment work regarding benthic habitat and ecology, the Cable Route Survey will provide this analysis between the outer limit of the EEZ and the 50 m isobath. 2
Between the 50 m isobath and the shoreline, the Cable Route Survey will provide environmental baseline information regarding benthic habitat and ecology, augmented as deemed necessary by other sources of information. From Europe the main cable will run through STP s Joint Development Zone, exclusive economic zone (EEZ) and territorial waters. The Joint Development Zone is an area where STP and Nigeria s EEZ s overlap and economic proceeds from this portion of the ocean are shared between the two countries. Parts of the cable connecting Cameroon, Equatorial Guinea and Gabon also fall within STP s EEZ, but do not pass through STP s territorial waters. It has not been possible to obtain updated modern maps that illustrate this area of influence. 2.2.2 Terrestrial environment Upon landing, the terrestrial infrastructure will include two Beach Man-Holes, terrestrial land cables and the construction of a cable station. At the time of writing, construction had just commenced on the construction of the first BMH (BHM 1) at a new location at Praia Meleo (0 18'38.42"N, 6 44'52.72"E) (Plates 1 and 2). The second cable will in the future also land at Praia Meleo but slightly further south (0 18'25.37"N 6 44'52.87"E) (Plates 3 and 4) (BMH 2). Both BMHs are located adjacent to the road not to distant from the beach. Each BMH will be approximately 9m² and will be 3m deep. Access to the BMH will be through a man-hole placed level with the ground. The terrestrial cable ducts will be placed under the existing tarred road surfaces from the BMH back to the cable station. Man-holes, approximately 1m deep will be positioned at various points along the road to allow the cable to be pulled through the ducts. Plate 6 illustrates similar cable work being undertaken during the site visit. 3
Plate 1: Praia Meleo BMH 1 Plate 2: BMH 1 completed Plate 3: Landing area for BMH 2 Plate 4: Location of BMH 2 at Praia Meleo Plate 5: Landing area for BMH 2 Plate 6: Cable being placed under the road 4
The proposed cable station site is located at Sao Gabriel (0 19 31.12 N 6 44 16.46 E). During the preparation of the ESMF the construction of a new cable station building at Sao Gabriel approximately 1,400m² on a 0.5 ha plot was proposed. However, now due to timeframes, CST is proposing to rehabilitate and upgrade an old building at Sao Gabriel for the European cable segment with extensions to the building made for the cable from South Africa. This proposal will still require some of the land currently being used for urban farming, for parking and associated fuel infrastructure, but the area of influence has been significantly reduced (Figure 2 and Plates 7 and 8). Figure 2: Proposed Cable Station Layout Key Initial size Currently proposed size Plate 7: Old building to be renovated and road under which cables will run Plate 8: Back of building and vegetables behind it 5
3. LEGAL FRAMEWORK 3.1 Relevant STP Legislation 3.1.1 Constitution The Constitution is the overarching legislation of STP and Article 48 grants all citizens a right to housing and a humane living environment. It also grants everyone the right and duty to defend these rights. Under the Constitution all laws on the environment permit citizens to access natural resources and use them for sustainable economic and social development, contributing to the acquisition of financial means to combat poverty, to preserve biodiversity and protect biological resources. 3.1.2 Law on the Management of State Land Property (Law no. 3/91) This law defines the framework for matters related to state owned land. It defines the basis for identifying public and private property of the state. It also defines the basis for private use of State land such as the distribution for investment purposes. However, it could not be identified whether this law or others have any legal requirements with regard to expropriation or compensation arrangements in the event of expropriation. 3.2 World Bank requirements The World Bank Operational Policy (OP) 4.12 is seen as the standard set of resettlement guidelines internationally. The fundamental objective of resettlement planning, as encapsulated in OP 4.12 is to avoid or minimize resettlement whenever feasible. When resettlement is unavoidable the policy requires that resettlement is undertaken as part of a sustainable development program that assists displaced persons in their efforts to improve their livelihoods and standards of living or at least to restore them. If incomes are adversely affected, adequate investment is required to give the persons displaced by the project the opportunity to at least restore their income. The resettlement and compensation activities are to be carried out in a manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation. The policy covers direct economic and social impacts that are caused by the involuntary taking of land (including crops or improvements on the land) resulting in a relocation or loss of shelter, a loss of assets or access to assets, or a loss of income sources or means of livelihood. Importantly, the implementation of resettlement activities must be linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before the necessary measures for resettlement are in place. Thus, compensation or provision of other assistance needs to be provided prior to the displacement of those affected. In addition, preference should be given to land based resettlement strategies for displaced persons whose livelihoods are land-based. 6
3.3 Concordance between World Bank and STP requirements The following table provides a summary of concordance between the STP legislation reviewed and the requirements of the World Bank OP 4.12. The higher of the two standards must be followed. Table 1: Concordance between World Bank and STP requirements Category of PAPs/Type of Lost Assets PAPs who are land and asset owners with formal legal rights to land or claims on the land/assets that are recognised under the National Laws. PAPs who will be displaced from land for which they have no recognisable legal right or claim to occupy STP law World Bank OP 4.12 Measures to address gaps Grants citizens the right to own property and assets. No legal requirement for expropriation and compensation arrangements were identified, but private property is expected to be protected by law. No entitlement to compensation or assistance was identified in terms of National Laws. Recommends land for land compensation and replacement of assets at full replacement cost. Recommends that assistance is provided for the relocation process i.e. transport or transport costs. Offer support after displacement for a transitional period based on the reasonable estimate of time likely to be needed to restore livelihoods and standards of living. Provided with development assistance in addition to compensation measures required. Recommends that resettlement assistance be provided in lieu of compensation for the land they occupy. This resettlement assistance may consist of land, other assets, cash, employment etc. as appropriate in order to achieve the objectives of the policy i.e. that displaced persons be assisted in their efforts to improve or at least restore their livelihoods and standard of living. Follow the World Bank OP 4.12 principles and procedures for determining the value of assets, land and livelihoods affected and required replacement values and assistance. Follow the World Bank OP 4.12 principles and procedures. 7
4. DESCRIPTION OF THE SOCIAL IMPACTS The proposed cable station site is located within the city of Sao Tomé in the suburb Sao Gabriel. CST owns the land which has an existing building. The cable station will use and renovate the existing building and will extend the existing footprint in order to add a small access driveway, a fuel storage area, space for generators and minor extensions to the building. The area to be developed will require approximately 1,922m² of land that is currently being used for agriculture. There are seven farmers that will be impacted upon and will loose a portion of the land they cultivate. Apart from one of the plot holders who is a medical specialist, the highest level of education amongst the others is Grade 7. Most claim to have been farming in this garden area for the last 15 years and rely upon it as a source of income. The main crops being grown are cabbage, onions, green peppers and sweet potatoes (Plates 9 and 10). Some lettuce, carrots and cassava are also grown. Most of the farmers are producing primarily to sell at the market rather than for home consumption. Irrigation water is channelled off from the storm water drain alongside the road into the garden from where it runs into a network of small pools created throughout the garden area (Plate 11). There is an area on the eastern side of the building that is planted to sweet potatoes and bananas. This was planted by an employee of CST primarily to prevent the area being used as a dumping ground. None of the farmers have formal permission to use the land, but it appears to have been a mutually beneficial arrangement where the farmers have an area to cultivate whilst CST has its vacant land protected from home construction and/or dumping. One small farmer owner has a pump and a hosepipe which he uses to irrigate. Other farmers just use watering cans (Plate 12). No fixed infrastructure improvements or dwellings were identified on the part of land to be lost, although there are a few temporary shade and tool sheds outside of the footprint of the proposed cable station. Plate 9: Vegetable cultivation Plate 10: Vegetable cultivation 8
GOVERNMENT OF SAO TOMÉ AND PRINCIPE Plate 11: Water channels Plate 12: Irrigation pump Although none of the farmers, apart from the medical specialist, will loose all of the land they cultivate, they will loose access to a resource that has provided them with income, in some cases for up to 15 years. One of the farmers is likely to loose approximately 70% of the land which he cultivates, another will loose approximately 50%, whilst the others will loose various smaller fractions. The fact that many of these farmers have a relatively low level of formal education will make it difficult for them to easily replace the lost income. One of the fundamental risks of resettlement or displacement, regardless of the legality of the landownership, is that landlessness can often lead to impacts such as food insecurity, homelessness or education losses with affected households becoming further impoverished. Although the number of affected farmers is few and the overall impact small, the potential impact upon individual households could be of medium to high significance over the long-term. Best Practice implies that Project Affected Persons (PAPs) should be compensated for the loss of assets or crops and that efforts are made to ensure that the income earning capacity of PAPs is restored or at least sustained. Available land in STP is relatively scarce and it has apparently been difficult to find alternative land for rural inhabitants which in the past have needed to be resettled. Thus, the option of finding vacant available land in close proximity to the places where these farmers reside in the City is not feasible. It is likely that alternative plots of land may be rented or loaned from others either in the same area or elsewhere to replace this lost income and such arrangements already seem to occur on an informal basis. Thus, in order to prevent any immediate or long-term impoverishment it is proposed that compensation is provided to cover short-term losses of income and provision be made to assist and support PAPs in replacing lost income through improved skills or other income-generating assets. 9
5. APPROACH AND CALCULATIONS The following steps were undertaken in order to assess and quantify the social impact, loss and compensation recommended. 5.1 Focus Group Meeting A group meeting was held on 1 June 2011 with the affected farmers and other non-affected farmers. During this meeting the procedures for measuring the fields, the completion of questionnaires and compensation process was explained. It was highlighted that the proposed cable station site had been reduced significantly from what had been proposed initially and that this had already reduced the potential impact and loss to the farmers. The process of measurement and calculation to be undertaken was explained as well as the follow up work. The grievance procedure was outlined. At this meeting it was highlighted that the cut off date for compensation would be the 1 June 2011 and that any planting after this date on the affected land would be at the farmers own risk. 5.2 Field measurement The engineers from CST, working from a plan of the proposed cable station, marked out on the ground the extent of the new property. The ESMP team including Mr Teodorico Campos from Federação Nacional dos Pequenos Agricultores de São Tomé e Príncipe (FENAPA), then marked out and identified the fields to be lost. In order to ensure measurements were in favour of the farmers all the boundary lines were extended by a further 5 m on each side of the project site to take into account possible edge impacts during construction. The farmers responsible for each plot then identified the boundaries of their plots that would be affected. This was undertaken in the presence of the ESMP team, the small holder farmer specialist, and conjunction with the neighbouring plot holders. Thus, there was no double counting of land and no disputes over the boundary lines for each plot. Each plot holder then assisted the ESMP team to measure their plot to calculate the square meters to be lost. Photographs of each plot were taken for record purposes. 5.3 Questionnaire Individual interviews were then held with each household to obtain data on their household, education level, income sources and other aspects of their livelihood. The extent of the other areas they cultivated in relation to that which is going to be lost was visually quantified and general observations were recorded. The relevant data on each affected household and the land to be lost is contained in Appendix 1. 10
5.4 Calculation of direct loss The calculation of direct loss and livelihood support was undertaken by using an average of the main crops being grown. Crops being grown were onions, cabbage, sweet potatoes, cassava and green peppers. The calculated loss for a once-off crop loss was estimated using general yields likely for these crops, assuming that two crops per year would be grown and using the average price for these vegetables as seen on the market over the past year. The calculations for estimated direct losses, annual income and livelihood restoration were made based on these yield and price data. 5.5 Estimation of compensation and livelihood support/restoration Economic displacement and disruption of livelihoods is often an invisible impact of resettlement. In essence, resettlement may lead to the disruption of income-earning capacity or livelihood strategies such as subsistence farming. Often the restoration of income streams and livelihoods lost during the resettlement is difficult to value and thus often overlooked. The overarching aim of any initiative is to ensure that the affected people s livelihoods and living standards are restored as closely as possible or they are better-off than they were prior to resettlement. In order to achieve this the following compensation procedures have been proposed: Direct crop loss compensation. Compensation should be paid for the average loss of income from standing crops. This has been calculated as an average of the crops being cultivated and as if the area to be lost was fully planted. Some of the farmers still have crops on their lands and these can be harvested. Some of the farmers ceased planting earlier in 2011 after being informed of the proposed project. Thus, all farmers should be compensated for direct costs incurred or income opportunities lost. Income-support. In order to ensure that families are not impoverished between the time when access to the land is no longer possible but income streams from other livelihoods strategies have not yet commenced, it is proposed that the annual income potential from these plots be paid to the PAPs in two instalments, six months and one year after displacement respectively. Livelihood restoration. All of the farmers still have a small amount of remaining land within this garden and most households also have some form of other income sources as well. As the option of locating to alternative vacant land in close proximity is not feasible, it is proposed that two years of potential income from these plots be placed in a managed fund for each PAP s household. The funds in this account should go towards skills training or equipment purchase that will allow the PAP or member s of their household to restore the lost income through a similar or alternative occupation. These funds must not be provided in cash to the PAP s but should only be released, directly to the service provider, after evaluation of the livelihood proposal made by the PAP. Specific examples recommended include: 11
Intensive agricultural or horticultural training by one of the local or international NGOs dealing with such training that focuses on more intensive cultivation or speciality crops for urban environments. Tools required to further opportunities in existing alternative income options. Education or skills training linked specifically to new employment opportunity within the City. As each household has different requirements and potential skills, it is recommended that the identification of these opportunities should be made at the discretion of the household with support provided by FENAPA or a representative from STP Cabo or the Agência Fiduciária de Administração de Projecto, where required. This will provide an element of choice and alternative option for each household to explore and encourage them to actively participate and consider new income sources. All farmers apart, from the medical specialist who has stable employment, qualify for the income-support and livelihood restoration assistance. The medical specialist only qualifies for direct compensation of crops lost. 6. IMPLEMENTATION The GoSTP and CST have formed a company, STP Cabo, to implement and operate the cable station and associated infrastructure on the island. The various institutions involved in the compensation procedures of this project are as follows. CST will be responsible for the payment of all compensation amounts. CST will also hold the funds allocated for skills compensation and release these upon instruction from the third party. It is recommended that a third party, such as STP Cabo, be made responsible for agreeing and confirming with the individual farmer on the livelihood support opportunity identified. STP Cabo will then instruct CST to release the funds to the relevant service provider. 12
7. GRIEVANCE PROCEDURE It is important that an adequate grievance procedure be defined to ensure that individuals or groups who feel that they have been treated inadequately or unfairly, can resolve their issues. Providing credible and accessible means for affected persons to pursue grievances allows the project to address genuine issues in a timely manner and decreases the chances of ongoing complaints and objections from disgruntled stakeholders. Due to the relatively small nature of this project, the following grievance mechanism has been proposed (Figure 3). Step 1: The grievance is provided in writing to the farmer s elected representative. If the grievance cannot be resolved at this stage amongst the farmers themselves then the grievance is taken to Step 2. Step 2: The grievance is considered by a Grievance committee consisting of: A representative from Administrador da AGER. A representative from STP Cabo. The farmer s elected representative. The Grievance committee must provide a response to the individual farmer within a period of 15 days. If after this process a solution still cannot be found and the complaint still feels that their grievances have not been addressed, as a last resort, they have the right to approach a court of law. 13
Figure 3: Outline of the proposed grievance mechanism Affected party declares a grievance. Farmer s elected representative hears and rules on grievance. Resolved No further action required Not Resolved Grievance considered by Grievance Committee Resolved No further action required Not Resolved Affected party may seek legal action if grievance is still not resolved. 14
8. BUDGET AND IMPLEMENTATION The total cost of compensation, support and livelihood restoration is as follows: Table 2: Compensation cost breakdown Item/Task Cost (Dobras) Direct crop loss compensation 87,143,480 Income-support 64,246,053 Livelihood restoration 116,525,360 TOTAL 267,914,893 The implementation schedule will be as follows: Direct crop loss compensation - July 2011. Income-support 50% in January 2012 and 50% in July 2012. Livelihood restoration as farmers identify opportunities that suit their personal requirements and interests. A monitoring/final audit budget of 17,000,000 Dobras ($1,000) is recommended to make provision for a local independent party to undertake the final monitoring audit. 9. MONITORING The Directorate of Environment has been involved in the project and is part of the Government Commission established to oversee the implementation of the project. This Directorate should be responsible for monitoring the implementation of the project and that proposed compensation mitigation measures are implemented. An independent consultancy, research institution or NGO, preferably based on the island, should be appointed to undertake an annual audit of the training undertaken and the impact upon the livelihoods of the households for two years after displacement. This audit should make recommendations where applicable if the intended results of livelihood restoration are not being achieved. 15
APPENDIX 1: PAP DATA SHEETS The following seven PAPs will be affected. 1. Jose Lopes Valdemiro Area to be lost: 400 m² Sex Male Age 46 Education Grade 6 Contact number 9904204 Dwelling lives within 5 minutes walk of the garden Family members living at household Education Relation Age Level Details Wife 46 Grade 4 does not work, sometimes sells at the market Daughter 19 Grade 11 Daughter 13 Grade 6 Son 6 Grade 1 Niece 25 Grade 10 does not work Niece s baby 3 He has two children overseas, one in Portugal at High School, one at Cape Verde studying agriculture at university. He pays for them both. Lives in a wooden house that he built, grows nothing at home by has fruit trees and some herbs. Assets include his house, a car, TV, Radio, fridge Only income is from this garden which he has been cultivating for 15-20 years. He has always lived in the city and his parents did agriculture before him. He felt his loss would be great as it was the best area for onions and will try to adapt. He estimated his income from the garden was approximately 4 000 per annum. He owns a pump and irrigates with a hosepipe his garden and employs people to help him. He will loose approximately 15% of what he has in total. 16
2. Erlander de Gloria Area to be lost: 298 m² Sex Male Age 31 Education Grade 3 Contact number 9968855 Dwelling lives 10 minutes cycle away from the garden Family members living at household Education Relation Age Level Details Wife 21 Grade 4 Wife sells at the market Son 5 Kindergarden Son 2 Kindergarden Sister in law 18 Grade 8 Owns a wooden house that he lives in. Assets include his house and a bike. Has electricity at house, but no TV, and uses a borrowed fridge, cooks on a petrol stove His income is from this garden, he has three separate sections he cultivates, the other areas are bigger than what he will loose. His wife sells at the market. He was not cultivating the part he would loose as he was delayed by the project. He is brother to PAP no. 3. The plot to be lost has some sweet potatoes, not well maintained at the moment, most probably because he felt he was going to loose it. 17
3. Edgar de Gloria Area to be lost: 187 m² Sex Male Age 33 Education Grade 5 Lost Contact number phone Dwelling lives 10 minutes cycle away from the garden Family members living at household Education Relation Age Level Details Wife 25 Grade 4 Wife sells at the market Daughter 7 Grade 3 Daughter 5 Brother in law 18 Grade 4 He has a motor taxi He owns his wooden house which he is building Assets include his house and a TV His main income is from this garden, but he stopped after CST came to him. He has another small piece of garden in another area which is not affected. His wife does make some money and he contributes from the garden. His brother in law apparently makes about 500 per year, and he makes about $ 1 100 per year from the garden. He has been gardening for about 15 years and since CST spoke to him, he has been working for others on their plots. A friend gave him another portion to use. He will loose about 70% of his plot in this part of the garden. His plot was not planted and very dry at the time of the interview. 18
4. Argentina Aragao Espirito Santo Area to be lost: 210 m² Sex Female Age 39 Education Grade 6 Contact number 9951124 Dwelling lives 500 m away from the garden Family members living at household Education Relation Age Level Details Husband 60 Grade 4 Works as a carpenter Daughter 10 Grade 4 Daughter 5 Kindergarden Daughter 2 Kindergarden Son 16 Grade 6 Son 12 Grade 6 Son 7 Grade 2 Own their wooden house Do not have electricity but have applied for it and are waiting to be connected. A cousin as a plot in another part of the garden. Source of income are the garden, selling in the market and husband carpentry Has farmed in this garden since a child and this is her only area. She will loose about 30% of the area she cultivates. 19
5. Delson Cumprido Fereira dos Reis Area to be lost: 529 m² Sex Male Age 30 Education Grade 7 Contact number 9972652 Dwelling lives 15 minutes away by motor bike Family members living at household Education Relation Age Level Wife 27 Grade 5 Daughter 7 Grade 3 Son 4 Kindergarden Daughter 1 Details He rents the wooden house where he lives. Assets include his motorbike and TV. Walks to the garden when he does not have petrol. His only income is from the garden and his wife does not work. He has worked in the garden for about 15 years and never done any other work. Estimated he made about $ 3 500 per year. He will loose about 50% of the area he is cultivating. 20
6. Deodato Xavier dias costa Neto Area to be lost: 179 m² Sex Male Age 30 Education Medical Specialist Contact number 9904147 Dwelling lives 500m away Family members living at household Education Relation Age Level Son 12 Grade 7 Son 11 Grade 6 Son 9 Grade 4 Son 6 Grade 1 Step-daughter 14 Grade 9 Housemaid 57 Grade 9 Details He owns his brick and wooden house. His wife is deceased. He is a specialist in Tropical Public Health and has worked for the Ministry of Health for the last 21 years. He claims to have farmed this plot since 2006 and pays someone to cultivate for him. He was growing cassva, sugar cane, sweet potato and Elephant's ear also known as taro or macabo (Colocasia esculenta). He grew vegetables for home consumption as it was cheaper than buying in the market. At home at bananas and a little sugar cane. He will loose the whole area of what he cultivates. 21
7. Edmilton Adelino Fereira dos Reis Area to be lost: 119 m² Sex Male Age 27 Education Grade 5 Contact number 9936706 Dwelling lives 30 minutes away from garden Family members living at household Education Relation Age Level Wife 24 Grade 7 Child 1 Details He lives alone in brothers house. Wife lives in another house that she rents. He helps provide wife and child with food as well as his grandmother. Estimated his annual income was about $1 700 Earns some money from the garden, some from construction doing tiling. He rented tiling tools when required. He stopped cultivating a few months previously after CST came to tell him of the project. He cultivates two areas and will loose the smallest of them and also gets income from construction work but this is not regular. 22
APPENDIX 2: MINUTES OF THE MEETING WITH PAPS Central African Backbone (CAB) Project Africa Coast to Europe (ACE) Submarine Cable Abbreviated Resettlement Action Plan Meeting: Compensation discussions with PAPs Date: 30 June 2011 Time: 9h00 Venue: Sao Gabriel Attendance: Minutes No Name Organisation 1 Wilson TenJua CST 2 José Diogo STP Cabo 3 P Scherzer E&D Consulting Services 4 Bastien Loloum Translator No Name Farmer 1 Delson Fereira dos Reis Morador de S. Gabriel 2 Jose Lopes Valdemiro Morador de S. Gabriel 3 Edimilton dos Reis Morador de S. Gabriel 4 Erlander da Gloria Morador de S. Gabriel 5 Deodato Xavier dias costa Neto Morador de S. Gabriel 6 Edgar da Gloria Morador de S. Gabriel 7 Argentina Aragao Espirito Santo Morador de S. Gabriel 1. Welcome Mr Scherzer welcomed the PAPs and thanked the others for waiting whilst those still needing to arrive had been called. Introductions were made although most participants had previously met. 2. Progress update Mr Scherzer reminded them of the assessment and compensation process and that they had each assisted the consulting team in identifying and measuring out their land during the previous mission. Mr Scherzer explained how the compensation calculations had been made using local prices and predicted crop yields for the commonly grown crops. He explained how the compensation package had been structured in order to provide both income support and promote livelihood restoration. This had been done by providing a once off cash payment for lost crops, a split income restoration payment over one year and a livelihood/skills support component, equalling two years worth of income from the plots they would loose, which they could only use for approved income-generating activities or skills training. 23
Mr Scherzer then handed out the individual compensation calculation forms to each farmer and explained to each how the forms worked and where to see the individual compensation calculations. 3. Discussion The PAPs stated that they were reluctant to move off the land until they had seen some of the compensation being paid. Mr Scherzer said that CST was interested in commencing with the compensation as soon as possible and that legal agreements would be signed that would confirm these compensation amounts. Mr W TenJua added that the legal agreements were already being prepared and that the farmers needed to come to CST and provide their full names as per their identity documents and bank account details so that the contracts could be finalised and payments made. Thereafter, CST would mark out the land and commence with construction activities. Mr Deodato Xavier dias costa Neto stated that he was upset that he had only been allocated the direct crop loss compensation and not also the income support compensation. He accepted that he was not eligible for the livelihood restoration component. Mr Scherzer stated that as a medical specialist who had been employed for the last 21 years and continued to be employed, he was not in the same situation as the other PAPs. Thus, it could not be argued that he required additional income support for day to day expenses whilst he identified alternative income sources. Mr dias costa Neto disagreed strongly with this and proceeded to become quite upset. Mr W TenJua stated that in the interests of peaceful negotiations, CST would agree to pay Mr dias costa Neto the additional income support compensation. Mr Scherzer said that there was no problem with this if CST were willing to make this concession. 4. Closure Mr Scherzer explained the grievance procedure and provided the PAPs elected representative, Mr Delson Fereira dos Reis with a copy of the conflict resolution process. The meeting ended with PAPs confirming with Mr W TenJua when they would come to the CST offices to finalise the contracts. 24
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