Grenada - Regional Disaster Vulnerability Reduction Project : additional financing : resettlement plan (Vol. 2 of 2) : Abbreviated resettlement action plan : Old Westerhall / Chemin Valley water storage reservoir sub project

RP1740 V2 GOVERNMENT OF GRENADA DISASTER VULNERABILITY REDUCTION PROJECT ABBREVIATED RESETTLEMENT ACTION PLAN FOR OLD WESTERHALL/CHEMIN VALLEY WATER STORAGE RESERVOIR SUB- PROJECT June 2013  TABLE OF CONTENTS 1.0 INTRODUCTION & PROJECT DESCRIPTION 4 2.0 RATIONAL FOR ABBREVIATED RESETTLEMENT ACTION PLAN 4 3.0 PROJECT SITE 5 4.0 PROJECT IMPACTS AND PROJECT AFFECTED PEOPLE 6 TABLE 1: Project Impacts and Project Affected People 5.0 CENSUS SURVEY OF PROJECT AFFECTED PEOPLE 7 TABLE 2: Summary of Census Survey 8 6.0 CONSULTATIONS WITH DISPLACED PEOPLE ABOUT ACCEPTED ALTERNATIVES 9 6.1 OPTIONS GIVEN TO PAPs BY NAWASA 10 6.2 COMPENSATION 10 7.0 VALUATION OF ASSETS 11 7.1 INDEPENDENT EVALUATION 11 8.0 INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION PROCEDURES FOR 11 GRIEVANCE REDRESS 8.1 SUMMARY OF AGENCIES ROLES AND RESPONSIBILITY 11 TABLE 3: Summary of Agencies Roles and Responsibility 11 8.2 GRIEVANCE PROCEDURES 13 8.3 GRIEVANCE APPEAL COMMITTEE ROLE 13 9.0 MONITORING 14 9.1 INTERNAL MONITORING 14 9.2 BANK MONITORING 14 9.3 EXISTING LEGISLATION 14 10.0 TIMELINE 16 10.1 RESETTLEMENT BUDGET 16 ANNEX 1 Maps and Images of the projects 17 ANNEX 2 Grievance Form 20 ANNEX 3 NAWASA’s Permission Forms 21 2  LIST OF ACRONYMS A-RAP Abbreviated Resettlement Action Plan DVRP Disaster Vulnerability Reduction Project GOG Government of Grenada MOHCD Ministry of Housing and Community Development MOF Ministry of Finance NAWASA National Water and Sewage Authority NGO None Governmental Organization PCU Project Coordination Unit PAP People Affected by the Project PPU Physical Planning Unit SA Social Assessment SWMA Solid Waste Management Authority RPF Resettlement Policy Framework OP Operation policy WB World Bank 3  GRENADA DISASTER VULNERABILITY REDUCTION PROJECT ABBREVIATED RESETTLEMENT ACTION PLAN OLD WESTERHALL/CHEMIN VALLEY WATER STORAGE RESERVOIR SUB PROJECT 1.0 INTRODUCTION & PROJECT DESCRIPTION The Disaster Vulnerability Reduction Project (DVRP) focuses on the impacts of climate change on some of the susceptible communities and other areas in Grenada. The Government of Grenada (GOG) has secured a World Bank (WB) funded Disaster Vulnerability Reduction Project (DVRP) Loan in the amount US$26.2 million. The project is designed to contribute to the reduction to vulnerability to natural disasters in Grenada in areas such as water security, community infrastructure, public accommodation for the elderly, physical and locational at risk schools, road network and bridges, community business, public service in flood zones and flood prone areas. In order to ensure that the DVRP take social concerns into account, a Social Assessment (SA) was undertaken during the project preparation stage. The Social Assessment (SA) is principally a study that reviews the likely benefits and possible adverse effects of the DVRP activities on people, land and infrastructure at the respective project sites before, during and after project implementation. 2.0 RATIONALE FOR ABBREVIATED RESETTLEMENT ACTION PLAN This Abbreviated Resettlement Action Plan (ARAP) is being prepared for the Chemin Valley Generator House and Water Reservoir at Old Westerhall sub projects under the Grenada RDVRP in accordance with the World Bank’s (WB) Involuntary Resettlement Policy (OP 4.12) and in accordance with the Resettlement Policy Framework (RPF) developed during project appraisal, and publicly disclosed at project appraisal. It intends to address OP 4. 12’s objectives to assist affected persons in their efforts to improve their standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The policy (OP/BP) specifically covers direct economic and social impacts that both result from Bank assisted investment projects and are caused by:- (a) The involuntary taking of land resulting in:- 1. Relocation or loss of shelter 2. Loss of assets or access to assets 4  3. Loss of income sources or means of livelihood, whether or not the affected person must move to another location (b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. 3.0 Project Site The project site in question is the Chemin Valley/Old Westerhall (New Site) Water Reservoir and Generator Shed Project. The project site is comprised of 4 discrete sections: 1. Generator shed to house two generators next to an existing borehole. From the generator house (via existing piping) to 2. 5,000 ft. of new 6 inch piping (along existing Government roadways) leading from the Generator Shed to the 3. Water Storage Tank (300,000 imperial gallons). Access to the water tank will involve the construction of a 4. 250 ft. road leading from an existing by-road. 82ft by 10 feet of the road will be a dual purpose road to be used by a single household. The road will pass 4 feet in front of the house steps (See Annex 1 for a map of the project). 5 4:0 Project Impacts and Project Affected Peoples TABLE 1: Project Impacts and Project Affected Peoples 6 Project Site Land Ownership Impacts, issues and PAP’s Mitigation Consultation Status & Compensation Generator Shed NAWASA None, direct water supply will N/A N/A continue to all the residents during construction. Pipe - Govt. Road - Pipes to be laid along existing - Households will be consulted Government road. prior to and during - Temporary disruption to road construction as per - 20 private during construction Consultation Strategy and driveways - Temporary inconvenience to mitigation measures - Yes. Pre, during 20 households whose stipulated in Contractor’s driveways will have to be contracts. (contractor’s and post temporarily disrupted. This is contracts to stipulate need to construction being dealt with in the ensure temporary access Environmental Management during construction). Plan Water Tank Private One willing landowner agreed to An advance payment was made -Yes. sell land. Proof of Land by NAWASA to the landowner on Consultations Ownership was established the 9-20-12. Outstanding amount to be paid on or before were done with June 15, 2013 PAPs Road Private - Land acquisition (by NAWASA) - One willing landowner (Ms. X) Yes required from private owner - Agreement on - Consultations on compensation/mitigation in cash in EC$ land valuation and verification of - House steps situated 4 feet - Property owner willing to from proposed road discuss options. compensation were done - Alternative options presented to property owner: - Consultations realignment of property with PAP’s steps; or dual access road - MOU between - Property owner (Mr. X) homeowner and agreed to dual access road. NAWASA for road maintenance are - Road will be dual usage for in place both property owner and NAWASA for the first 82 feet of the 250 feet road 7  Project Affected Persons: 1. As indicated in Table 1 above there is one property owner who sold 13,051 sq. ft. of land which represents 15% of the land owned (See section seven (7) on valuation of assets). The land was purchased for the construction of an access road leading to the water tank and for the construction of water tank. 2. A household comprising of 3 persons is situated within four (4) feet of the proposed access road which is 250 feet long. They welcomed the proposed road and were offered two options: realignment of their front steps or dual access for the first 82 feet of the 250 feet access road. They selected the latter option. 5.0 CENSUS SURVEY OF PROJECT AFFECTED PEOPLE The survey helped in collecting relevant data and information on the project PAPs. It identified the number of persons and the locations of their homes/houses. It also helped in providing a clearer understanding about the socioeconomic characteristics of the PAPs and the potential impact of the sub-project on their living standard. A one (1) page questionnaire was used to collect the basic information on the PAP’s. The questionnaire inquired about the PAPs preference for the project, ownership of the land where they reside and their socioeconomic characteristics including place of residence, family income, family size, age and gender, potential impact and proposed mitigation measures. The survey was conducted on the 26th November, 2012. Table 2 below summarizes the result of the survey. TABLE 2 Name M/ Age Location Occupation Income Sources Land Household Other comments F Residence Property members ownership 1 Ms. X F 75 Old Unemployed 2,500 EC$ per Owner of Ms. X Seller of land Westerhall Retired month from land and heads her required for family tire property household. access road and business. There are 7 water tank has Owns members no reservations 87,857 sq. four (4) about project. feet of males and Only concern is land of three that the heavy which (3)females equipment be 13.051 sq. safe during the ft. construction 8  acquired phase of the sub- for this project project 2 Mr. X M 37 Old Tire Dealer 2,500 EC$ per Was given Mr. X Consulted with Westerhall month from a house lot heads his homeowner who family business by Ms. X household chose to have a his mother comprising dual access road to build a of three(3) with NAWASA house members when given the from the two (2) option of 87,857 sq. males and realigning the ft. one front steps of his (1)female house to make it ten (10) feet away from the proposed road at NAWASA’s expense. He also has no reservation or qualms about the project. 6.0 CONSULTATIONS WITH DISPLACED PEOPLE ABOUT ACCEPTED ALTERNATIVES Public consultation and participation are essential features of the World Bank financed project and are used as a platform for providing an opportunity to inform project beneficiaries and other key stakeholders about the particular sub project, solicit their preferences and ensure their project buy-in. These consultations provide the PAPs an opportunity to contribute to both the design and implementation of the resettlement activities Public consultation under this sub-project will be carried out on an ongoing basis throughout the entire life of the sub-project particularly through the implementation and construction phases. The public consultations for Chemin Valley Water Reservoir and Generator Shed utilized different approaches and communication techniques. Interviews, surveys and community discussions took place and will continue to be a significant aspect of this sub project. During the census and survey work, PAPs located in two of the four project sites have been consulted. The other two project site namely the Generator shed and the Water reservoir are void of inhabitants 9 Land Acquisition for the Old Westerhall/Chemin Valley Water Reservoir and Generator Shed Project was based on a participatory process involving the land owner Ms. X and NAWASA’s Engineering Assistant and Surveyor. The Social Development and Communication Specialist of the DVRP guided and observed the process very carefully. NAWASA’s Engineering Assistant kept documented record of conversations for future record and purposes. Ms. X, the Landowner, was asking for a rate of $15.00 ECD per sq. ft. NAWASA’s team proposed to have two (2) reputable independent third party land appraisers evaluate same to determine an appropriate market price which was again discussed with the Land owner Ms. X and her granddaughter and grandson-in-law. Additionally, the twenty (20) home owners whose driveways/entrances will be dug up to lay the new pipelines have been contacted by NAWASA ( in the last quarter of 2012) and are scheduled to meet with NAWASA in the presence of the Social Development and Communication Specialist (DVRP) prior to construction and prior to the mobilization of equipment to be consulted about their concerns and to look at various options and subsequently sign an agreement having agreed, understood and support the passing of the pipeline underground through their driveway. Significantly, PAPs were consulted about:  The project design  The running of the new pipeline on the side of the road which was acceptable to the PAPs  The potential impact of the delay of restoring their drive way to normality. Of significance, there will be no loss of livelihood or income or no need for relocation in keeping with World Bank policy for resettlement (OP4.12). Additionally, World Bank OB/BP4.12 which emphasizes compensation for all assets and losses associated with land acquisition including loss of assets to income source is taken into consideration by NAWASA, the sub project owner. Finally, it is the policy of the Bank to avoid involuntary resettlement where foreseeable, or minimize it, exploring all viable alternatives and project designs. This was achieved on the sub- project where the home owner whose step fell within four (4) feet of the inner edge of the proposed concrete road participated and was consulted meaningfully in the redesigning of the access road and subsequently agreeing for dual use of the proposed concrete road as well as the maintenance of the said road by the NAWASA. 6.1 Options Given to PAPs by NAWASA The house owned by Mr. X is so positioned on the property that in its present location the proposed concrete road will pass about four (4) feet from the front step of the house. However, if the position of the step should change, the road will then be ten (10) feet distant from the repositioned step. The options: 10  1. To change direction of the step to move from four (4) feet to ten (10) feet distance away from the proposed road at NAWASA’s expense. 2. To use the first 82 feet of the concrete road as dual ownership, both as driveway leading to Mr. X’s house and as NAWASA’s road leading onwards to the water storage tank location up hill. Mr. X agreed to option two (2) which is documented and signed by him for future reference. 6.2 Compensation According to the Grenada Land Acquisition Act, (CAP159) which was amended in 1991, each citizen has a right to be compensated for property acquired in a reasonable period of time. NAWASA is expected to do same in compliance with the Act. A negotiated amount by Ms. X and NAWASA was agreed to be paid in “a reasonable period of time” as set out in the Grenada Land Acquisition Act CAP159. Ms. X was advanced a sum equivalent to 10% of the entire amount in Eastern Currency paid by NAWASA with a cheque on 20th September, 2012. This amount was used to offset previously owed land taxes to the Government by Ms. X. The balance owed to Ms. X was paid in June 2013. This delay in payment to Ms. X was entirely out of NAWASA’s control. NAWASA had cheque and voucher prepared on November, 20 2012 but withheld payment pending clearance of legal issue pertaining to proof of ownership of the land. Thus, both NAWASA through their in-house attorney and Ms. X through her legal representative concluded their agreements of the sale of land, their memorandum of agreement for dual use of concrete road and the payment to Ms. X officially. NAWASA agreed to provide the Social Development and Communication Specialist with authentic copies of the following documents: 1. The deed for the purchase of land from Ms. X 2. Evidence of payment of required sums of monies to Ms. X and 3. Singed memorandum of agreement between NAWASA and Mr. X 7.0 VALUATION OF ASSETS In this case, the asset to be valued is the land which NAWASA acquired and are prepared to compensate Ms. X. This brings OP 4.12 into focus; lands were acquired through negotiation. The sale was not coerced by any means and the lands were free of all hindrance (except taxes owed to the Government of Grenada). The total amount of land that is required is 13,051 sq. ft. of 87,857 sq. ft. approximately 15% of the land Ms. X owns. 7.1 Independent Evaluation The most objective way in deciding on a fair value for the acquired land is evaluation. 11 There was an independent evaluation done by two (2) local evaluators 1 and the final amount paid to the PAP was more than the amount suggested by both evaluators. This was done in consultation with the PAP. On August, 17th 2012 NAWASA’s team along with Ms. X and two witnesses in the presence of the Social Development and Communication Specialist came to an agreement on a negotiated price per sq. ft. for the land to be acquired. NB. The true value for lands (in Grenada) is determined by the demand placed on that land and the price the buyer is willing to pay. In this case NAWASA understood the value of this sub- project to 4000 residents and the benefits to be derived by both NAWASA and the beneficiary communities. Those factors were key in arriving at the negotiated price which fell within the range of prices recommended by the independent land evaluators and the seller’s offer. 8.0 INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION PROCEDURES FOR GRIEVANCE REDRESS This section describes the institutional arrangements for the implementation of the RAP. The small scale and relatively simple nature of the sub project does not warrant the more complex special institutional arrangements that may be required in larger or more complex sub projects. (See table showing summary of the agency roles and responsibilities) 8.1 SUMMARY OF PCU’S ROLE AND RESPONSIBILITIES FOR IMPLEMENTATION OF LAND ACQUISITION A summary of the PCU’s role and responsibilities is shown below: TABLE 3. Implementation Stages Agency Responsibility Facilitate and support all Project Preparation PCU/ Social Development relevant project RAP actions. and Communication Specialist PCU/ Social Development 1. Identify the affected and Communication persons consult and advise 1 The Evaluators considered the following: Ownership, location and boundaries, lots size, site features (shape, gradient, and access), property value range, area development, soil type, planning (type of development, covenants, and zoning), detracting or derogatory features, public transportation accessibility, distance to services, vulnerability, and market profile. They also looked at comparable properties and used a comparison method to determine a fair and reasonable market value for the land. 12  Specialist them on their rights as per OP/BP 4.12 2. Follow up on all sites issues and matters related to any complaint which may arise during the implementation process. 3. Manage and monitor the grievance redress process. 4. Secure the necessary resettlement assistance required – not required in this sub project. Project Implementation PCU/Social Development and Overall monitoring Communication Specialist PCU/ Social Development 1.Assess and process PAPs and Communication complaints Specialist 2. Manage and monitor the grievance redress process High Court of Grenada Receive, assess and process Lands Department (MOCDH) and decide on /grievances The valuation and taxes complains related to sub department (MOF) project. 8.2 GRIEVANCE PROCEDURES The grievance process to follow if a PAP feels aggrieved is as follow. Step 1. Verbally express grievance to the Social Development and Communication Specialist who is located in the PCU office in the Public Workers Union Building in Tanteen, St. George’s. Step 2. Fill out and hand in the Grievance Form (see annex 2) which can be collected from the Social Development and Communication Specialist. Step 3. Social Development and Communication Specialist will submit form to head of Grievance Appeal Committee. Step 4. The Head of the Grievance Appeal Committee will convene a meeting on later than one week after receiving complain with the other members of the committee. 13  Step 5. A decision will be reached which will be final and filed in the Court or further research into the situation recommended by the head of the Grievance Appeal Committee. In such a case another meeting of the Grievance Appeal Committee will be convened appropriately and decisions taken. The Committee will be chaired by the head of the PCU and therefore, the PCU will provide all the necessary support to enable the committee to assume its role including clerical work and budget support. The committee must be based in a location that lends for easy access to PAPs and other people who may raise any claims or complains during the implementation of the project. The Grievance Appeal Committee is located at the Nutmeg Complex on the Kirani James Boulevard. This will ensure that the PAPs with their grievances are not placed in a disadvantage position when their issues are discussed. This building is known for its publicness or easy access to the general public. These claims and complains will be received and processed to the Committee for thorough assessment and further required actions within one week of receiving them. The maximum time to solve a grievance or complaint is three (3) months. 8.3.1 Grievance Appeal Committee’s Role 1. The Committee through the Social Development and Communication Specialist will receive and register all appeals and complaints by consulting with the complainant. The Committee will respond to all complaints with a rational justification describing the process with which the complaint was considered and explaining the reason for the decision reached by the Committee. 2. The Appeal Committee is the final forum for decisions on any claim for compensation of any sort. 3. The Appeal Committee will meet as required to review complaints which have been received. 4. The committee may make call on witnesses, a facilitator or expert to provide additional information, testimony or opinion. These individuals act in an advisory capacity only and their input advice or opinion will not be binding on the Committee. 5. The Committee will consider each complaint on a case by case basis to determine whether the case constitutes a valid complaint, if a complaint is valid the Committee is required to find fair and just solution to the claim. 6. The Grievance Appeal Committee comprise the following persons:- (a) The head of the Project Coordinating Unit Ministry of Finance (b) The head of the Physical Planning Unit Ministry Of Works (c) The head of Lands department Ministry of Community Development (d) The Controller of Inland Revenue Department Ministry of Finance and 14  (e) The Social Development Specialist (DVRP) 7. All Committee deliberations and decisions must be properly documented and preserved for records. Annex 2 9.0 MONITORING The RAP is monitored by the PCU, with the Social Development and Communication Specialist (DVRP) directly responsible for ensuring that OP/BP 4.12, the Bank’s safeguard on Involuntary Resettlement carried out. 9.1 Internal Monitoring The Social Development and Communication Specialist is responsible for monitoring and implementation of the RAP 9.2 Bank Monitoring The World Bank supervision mission will regularly and systematically review the progress of RAP implementation and reference their findings in an Aide Memoir. 9.3 Existing legislation There are several statutory bodies that are run by board of directors that exist in Grenada. These bodies are governed by their own Act/legislation that is parliamentary approved. This is the case with NAWASA whose Act was established in 1969 and last amended in 2010; Page 11, Part 4 under the caption Power of Entry and Acquisition of Land, etc. See below. 15  10.0 TIMETABLE AND BUDGET 10.1 RESETTLEMENT TIME TABLE Actions 2012 2012 2013 2013 Aug Sept Oct Nov Dec Jan June Inform Affected 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Persons Conducted Census Survey Part Payment of Compensation (10%) Payment of Full Compensation to Ms. X Timeline for signings of MOUs for maintenance of access road 10.2 RESETTLEMENT BUDGET Cost estimate for the Chemin Valley Water Storage Tank and Generator House sub-project resulting from the implementation of the Rap is $100,000. 16  Annex 1 Maps of project sites and house nearest to site Second choice for road leading to the water reservoir site► ◄Mr. X house showing steps four (4) feet from concrete road The first choice concrete road leading up to the water reservoir site► The site for water storage tank ► Image1. Images of the two options of proposed roads leading to the site for the water reservoir. The straighter and shorter proposed road nearest to the house was chosen 17 The Google map above show the route along main access road for the project new pipelines (blue line) starting from the Chemin Boreholes to the water storage tank site. Image2 Mr. X house, front steps falling (4) feet from proposed concrete road leading to water reservoir 18 Image 3 Ms. X’s property boundaries (in red) and concrete road (in orange) leading to the water reservoir site, one of the two project locations where PAPs are affected Image 4. One of three project sites, the proposed site for the construction of the water reservoir (on elevation) 19 Annex 2 GRIEVANCE FORM Indicate the Nature of Grievance(s) Name…………………………………………… 1…………………………………………………………………………………. Address………………………………………… …………………………………………………………………………………… …………………………………………………….. 2…………………………………………………………………………………. Contact……………………………………….. …………………………………………………………………………………… Name of Sub Project 3…………………………………………………………………………………. ……………………………………………………. …………………………………………………………………………………… Date and registration of grievance 4…………………………………………………………………………………. --------------------------------------------- …………………………………………………………………………………… I agree that the duration of time to solve this grievance will be no longer than three (3) months unless the Grievance Appeal Committee sees otherwise. I agree that the Grievance Appeal Committee is the final forum for decisions on any claim for compensation of any sort and that all decisions will be guided by the applicable laws. I will abide by the ruling of the Appeal Committee on the outcome of the grievance/complain. -------------------------------- --------------------------------- ----------------------------------------- Signature of Complaint Signature of Agent Signature of Grievance Officer OFFICIAL USE The outcome of the claim is in favour of the complainant The outcome of this claim is in favour of the defendant The outcome of this claim requires further research 20  --------------------------------------- Signature of Chairperson Annex 3 NAWASA PERMISSION FORM Name……………………………………………………………….. Address……………………………………………………………. Contract…………………………………………………………… Name of Sub project …………………………………………………………………........ Duration of possible inconvenience…………………………………………….. Indicate your level of inconvenience having the pipelines pass in front of your house/driveway Convenient Inconvenient Not convenient nor inconvenient Very convenient Very inconvenient 1. I agree to allow NAWASA to pass their pipeline (underground) across my driveway. 2. NAWASA agree to restore my driveway to its previous status or better. --------------------------------------- ---------------------------- ----------------------------- Signature of Homeowner Signature of NAWASA Date 21 22