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Japan Social Development Fund (JSDF)
Resettlement Policy Framework (RPF)
for the Results Based Financing for
Sustainable Sanitation and Hygiene
REVISED REPORT
Prepared by: SAL Consult Limited, P O Box GP20200, Accra Submitted to: Community Water and Sanitation Agency (CWSA), Accra
May, 2013
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RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page i
Revised Report. May 2013
Table of contents
Table of Contents …………………………………………………………………………………………………………..……….…...……….. i
List of Tables …………………………………………………………………………………………………………………………….…….…….. ii
Acronyms and Abbreviations ……………………………………………………………………………………………………..………… iii
Executive summary ………………………………………………………………………………………..…………….……………..………. iv
1.0 INTRODUCTION ....................................................................................................................................... 13
1.1 BACKGROUND ................................................................................................................................................ 13
1.2 PURPOSE OF THE RPF ...................................................................................................................................... 13
1.3 REPORT OUTLINE ............................................................................................................................................ 13
2.0 BRIEF DESCRIPTION OF THE PROPOSED PROJECT .................................................................................... 14
3.0 RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK ................................................... 16
3.1 NATIONAL REGULATORY FRAMEWORK ................................................................................................................ 16
3.2 WORLD BANK SAFEGUARD POLICY ON INVOLUNTARY RESETTLEMENT ....................................................................... 18
3.3 GAPS BETWEEN GHANAIAN REGULATIONS AND WORLD BANK POLICIES .................................................................... 19
3.4 PROJECT MEASURES TO ENSURE COMPLIANCE WITH WORLD BANK POLICY ................................................................. 19
3.5 LAND TENURE ................................................................................................................................................ 20
3.6 PUBLIC INSTITUTIONS INVOLVED IN LAND ADMINISTRATION .................................................................................... 20
4.0 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ................................................................ 22
4.1 OVERVIEW ..................................................................................................................................................... 22
4.2 ASSESSMENT OF SOCIAL IMPACTS ....................................................................................................................... 22
4.3 GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ........................................................................................ 22
5.0 PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS ......................................................... 24
5.1 PRINCIPLES AND OBJECTIVES .............................................................................................................................. 24
5.1.1 Regulatory Framework .......................................................................................................................... 24
5.1.2 Minimising land compensation payment ............................................................................................... 24
5.1.3 Minimization of Displacement ............................................................................................................... 24
5.1.4 Fair and adequate compensation .......................................................................................................... 24
5.1.5 Compensation payment ......................................................................................................................... 25
5.1.6 Community involvement and sensitisation ............................................................................................ 25
5.2 VOLUNTARY LAND DONATIONS .......................................................................................................................... 25
6.0 VALUATION, ELIGIBILITY AND ENTITLEMENTS ......................................................................................... 26
6.1 VALUATION .................................................................................................................................................... 26
6.2 DESCRIPTION OF ELIGIBILITY CRITERIA ................................................................................................................. 27
6.3 ENTITLEMENT ................................................................................................................................................. 27
7.0 PROPOSED RESETTLEMENT MEASURES AND COST ESTIMATE ................................................................. 30
7.1 RESETTLEMENT MEASURES ................................................................................................................................ 30
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Revised Report. May 2013
7.2 BUDGET ........................................................................................................................................................ 31
8.0 PROPOSED ADMINISTRATIVE AND INSTITUTIONAL FRAMEWORK FOR PREVENTION AND MITIGATION . 33
9.0 IMPLEMENTATION AND MONITORING PLANS INCLUDING DESCRIPTION OF INDICATORS ...................... 35
9.1 SEQUENCE OF IMPLEMENTATION AND RESPONSIBILITIES .......................................................................................... 35
9.2 PROCEDURES FOR DELIVERY OF ENTITLEMENTS ...................................................................................................... 35
9.3 MONITORING PLANS AND INDICATORS ................................................................................................................. 37
10.0 STAKEHOLDER CONSULTATIONS ............................................................................................................. 38
10.1 LIST OF INDIVIDUALS/ORGANIZATIONS CONTACTED FOR THE PREVIOUS RPF PREPARATION ............................................. 38
10.2 STAKEHOLDER DISCUSSIONS AND CONCERNS ......................................................................................................... 38
11.0 REFERENCES ............................................................................................................................................ 40
ANNEX ................................................................................................................................................................. 41
List of Figures
FIGURE 1: DISTRICT MAP OF THE NORTHERN REGION ....................................................................................................... 15
List of Tables
TABLE 1 COMPARISON OF GHANAIAN REGULATIONS WITH WORLD BANK POLICIES ................................................................. 19
TABLE 2 LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORKS....................................................................................... 21
TABLE 3 GENERIC PROJECT IMPACTS ON ASSETS AND LIVELIHOODS ........................................................................................ 23
TABLE 4 GENERAL GUIDELINES AND METHODS FOR COSTS PREPARATION ................................................................................ 26
TABLE 5 ELIGIBILITY CRITERIA ........................................................................................................................................ 27
TABLE 6 ENTITLEMENT MATRIX ..................................................................................................................................... 28
TABLE 7 ITEMISATION OF BUDGET .................................................................................................................................. 32
TABLE 8 INSTITUTIONAL FRAMEWORK ............................................................................................................................. 33
TABLE 9 SEQUENCE OF IMPLEMENTATION TASKS AND INSTITUTIONS ...................................................................................... 35
TABLE 10: STAKEHOLDERS CONSULTED FOR UPDATE OF RPF .................................................................................................. 38
RPF_ JSDF Results Based Financing for Sustainable Sanitation and Hygiene. Page iii
Revised Report. May 2013
Acronyms and Abbreviations
ARP Abbreviated Resettlement Plan
CBO Community Based Organisation
CLTS Community Led Total Sanitation
CSIR Council for Scientific and Industrial Research
CWSA Community Water and Sanitation Agency
DA District Assembly
DWST District Water and Sanitation Team
EPA Environmental Protection Agency
ESMF- Environmental and Social Management Framework
GoG Government of Ghana
GIPC Ghana Investment Promotion Centre
GPRS Ghana Poverty Reduction Strategy
GWCL Ghana Water Company Limited
IDA International Development Agency
JSDF Japan Social Development Fund
LI Legislative Instrument
LPO Local Partner Organisation
LVB Land Valuation Board
NDPC National Development Planning Commission
NGO Non- Governmental Organisation
POM Project Operational Manual
RAPs Resettlement Action Plans
RBF Results Based Financing
RCC Regional Coordinating Council
RP Resettlement Plan
RPF Resettlement Policy Framework
RWST Regional Water and Sanitation Team
SEA Strategic Environmental Assessment
WATSAN Water and Sanitation Committee
WB World Bank
WRC Water Resources Commission
WRI Water Research Institute
WSDB Water and Sanitation Development Board
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Executive Summary
Introduction
The Japan Social Development Fund (JSDF) grant development objective is to improve the sanitation and
hygiene practices of an estimated 112,500 poor and vulnerable persons in four districts of northern
Ghana. This would be achieved through a Results Based financing (RBF) and innovative approaches in
sanitation like the Community Led Total Sanitation (CLTS) and the Village Savings and Loans Associations
schemes (VSLAs) which put more emphasis on the resourcefulness of the communities to make more
effective use of funds and stimulates demand for investing in water, sanitation and hygiene services.
The beneficiary districts are Saboba, East Gonja, West Gonja and Tamale Municipality (specifically, peri-
urban areas of Tamale) and the project will build upon the achievements of the Sustainable Rural Water
and Sanitation Project currently being undertaken by the CWSA and funded by the World Bank.
Proposed Project Development Objectives and Components
The project has 4 components: (i) Stimulating demand for sanitation and hygiene services through
behavioral change communication (BCC) under the CLTS concept in communities (ii) Stimulating
willingness of communities to take lead in investing in household latrines and provision of waste
collection bins and matching community contributions with project fund to provide a more improved
latrine at a lower cost to the households (iii) Direct investment from project funds into school sanitation
and hygiene facilities in 16 schools; (iv) Monitoring and Evaluation, and Knowledge Dissemination and
Project Management and Administration. The project adopts the Results based financing approach,
stimulates bottom-up approach implementation and strengthens local private sector participation.
National legal and regulatory provisions
The relevant legal and regulatory provisions include:
The Constitution of the Republic of Ghana, 1992
The State Lands Act, 1962
The Lands (Statutory Wayleaves) Act, 1963
Land ownership may be categorized into these 2 main forms:
Customary land comprising stool and family lands; and
Public land comprising state and vested lands.
Public Institutions involved in Land Administration include:
Land Commission
Land Title Registry
Survey Department
Land Valuation Board
Department of Town and Country Planning
Office of the Administrator of Stool Lands
Ministry of Lands and Forestry
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Compensation Principles
Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood
restoration of affected people) will be addressed in compliance with the RPF
Communal/stool/public lands will be considered first for any sub-project activity followed by family
lands and before individual lands
Voluntary land donations will be encouraged but carried out within strict guidelines to avoid abuse.
As much as possible physical displacement will be avoided.
Fair and adequate compensation will be paid to affected people
Compensation will be paid before destruction of property/crops
Compensation will be determined at full replacement cost
Valuing entitlement & eligibility criteria
Buildings, kiosks
Replacement cost method would be used to determine market value and will be based on (1) land in
comparable site, (2) drawings of buildings, related structures and support services, (3) average
replacement costs of different types of buildings based on information on quantities and types of
materials for construction, (4) prices of items on the local market, (5) costs of transportation, (6)
estimates for construction of new buildings.
Farm crops
Market value as at the time of replacement and with LVB rates serving as a guide
Tree felling
Follow EPA requirement. Pay cash for every tree felled and in addition grow two more at location similar
to where the other was felled.
Loss of income
Estimation of net monthly profit for business based on records; application of net monthly profit to the
period when business is not operating.
Disturbance allowance
10% of total compensation
Entitlement
Issues to be considered include cost of affected property, loss of income, disturbance allowance,
relocation assistance, and special assistance if vulnerable.
Eligibility criteria
Assets
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Physical and non- physical assets such as homes, communities, productive lands, farmlands, cultural
sites commercial/ business properties tenancy, income earning opportunities, and social and cultural
networks and activities.
Category of affected persons and compensation
Persons with formal legal rights to land- To be provided compensation for land lost and other assistance
Persons without formal legal rights to land at time of notification but have claims to property
recognisable by resettlement plan- To be provided compensation for land lost and other assistance
Persons with no recognizable legal right or claim to land they are occupying, eg squatters- To be
provided resettlement assistance in lieu of compensation for land occupied.
Persons encroaching on land after the notification- Not eligible for compensation or any form of
resettlement assistance.
Resettlement measures and cost estimates
Detailed social assessment studies will be carried out within specific communities on project by project
basis, as and when required. The framework for the compensation/ resettlement will then be applied
incorporating specific (1) institutional arrangements, (2) resettlement/ compensation eligibility criteria,
(3) implementation procedures, (4) financial responsibilities, and (5) monitoring and evaluation plan.
Livelihood restoration measures will consider issues such as (1) income levels of affected persons, (2)
other non- monetary sources of livelihood, (3) constraints and opportunities for income generation, (4)
number of persons not able to revert to previous occupation, and (5) existing skills of affected persons.
Vulnerable persons will be identified and special assistance offered during the compensation
implementation process. Criteria include age-above 70 years, physical/mental disability, widows,
orphaned children and bedridden or seriously sick persons.
The cost will be derived from expenditures relating to (1) the preparation of the resettlement and
compensation plan, (2) relocation and transfer, (3) income and means of livelihood restoration plan, and
(4) administrative costs.
Administrative and institutional framework
The SNV Accra Office has the overall responsibility for preparing the RPF and implementing the
Resettlement Plan with World Bank support. It will ensure that all compensation, resettlement and
rehabilitation activities are carried out satisfactorily before the disbursement of funds for construction
work to commence. The SNV Tamale Office will work with the Regional Water and Sanitation Team to
organize the district orientation and training for the District Assemblies and the various government
departments likely to be involved in the process, to be ready to implement payment of compensations,
and other activities in a timely manner. The SNV Tamale Office will ensure that progress reports reach
the Accra Office regularly. The project administration and resettlement planning will run concurrently.
Much of the work will be done at the district level. The SNV Tamale office through the District Assembly
which is the local administrative authority, will ensure that
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Communities are properly and adequately informed of the Plans, and also their rights and options
relating to their properties that may be affected by the project
Coordinate activities between different communities implementing the resettlement plans
Ensure timely provision of compensation, in cash and/ or kind
Attend to any grievances submitted by the affected persons
The DWST through the WATSANs/ WSDBs will engage and involve all sections of the community in
discussions on the Plan. They will
Schedule open meetings to ensure that all community members are informed and they are fully
aware of their rights and options regarding the resettlement activity
Identify impacts on lands and assets and the members of the community to be affected and to what
extent they will be affected
Consider voluntary contributions or else negotiated land acquisition
Facilitate alternatives including compensations in kind and exemptions from local contributions
Procedures for delivery of entitlements
Entitlements may range from cash payments and/ or building materials to the provision of new land,
new homes and compensation for other lost properties. Compensation will be paid before owners/
occupiers are made to vacate their properties for commencement of construction works. Payments will
be funded like any other activity under the project’s administrative and financial management rules and
manuals. Procedures for establishing Committees, consultations, notifying affected persons,
documentation, preparation of contract agreements, redress of grievances etc will be established.
Monitoring plans and indicators
The monitoring programme will provide a continuous feedback on the implementation of the RPF and
the Plan itself. Monitoring teams at the districts will be constituted and will report regularly at the
regional level to the SNV Tamale office and thence to the SNV Accra office. The SNV Tamale office will
work closely with the RWST. The district team will comprise the DA, DWST, WATSAN/ WSDB while the
regional team will be constituted by the SNV, RWST, DAs, and RCC.
The monitoring indicators will cover areas such as (1) basic information on affected persons’
households, (2) restoration of living standards and livelihoods, (3) levels of affected persons’ satisfaction
determined by number of grievances registered, and (4) effectiveness of resettlement planning.
An evaluation programme will be implemented to periodically check on compliance with policy and
provide lessons to amend strategies, especially in the longer term. The evaluation will be based on
current WB procedures and also national provisions on resettlement where they are consistent.
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1.0 INTRODUCTION
1.1 Background
The Japan Social Development Fund (JSDF) grant development objective is to improve the sanitation and
hygiene practices of an estimated 112,500 poor and vulnerable persons in four districts of northern
Ghana. This would be achieved through a Results Based financing (RBF) and innovative approaches in
sanitation like the Community Led Total Sanitation (CLTS) and the Village Savings and Loans Associations
schemes (VSLAs) which put more emphasis on the resourcefulness of the communities to make more
effective use of funds and stimulates demand for investing in water, sanitation and hygiene services.
This Resettlement Policy Framework is prepared to contribute to the smooth execution of the Project
with regards to social impacts. The contract to prepare this document also includes the preparation of
an Environmental and Social Management Framework as a separate document.
1.2 Purpose of the RPF
The development of an RPF is a requirement for projects that may entail involuntary resettlement,
issues of compensation, acquisition of land, impact on livelihood, or restricted access to natural
resources under the World Bank safeguard policy on involuntary resettlement (OP 4.12). Apart from
meeting World Bank requirements, the RPF will provide project stakeholders on how to address
compensation issues as related to affected properties/livelihoods including land and income generated
activities during Project implementation. The application of the OP 4.12 also ensures participation,
enhances sustainability and social cohesion.
1.3 Report Outline
The RPF has the following outline:
1. Introduction;
2. Brief Description of the Proposed Project
3. Potential Project impacts on Assets and Livelihood
4. Relevant Legal, Regulatory and Administrative Framework
5. Principles, Objectives and Voluntary Land Donation
6. Valuations, Eligibility and Entitlements
7. Proposed Mitigation Measures and Cost Estimates
8. Proposed Administrative and Institutional Framework for Prevention and Mitigation
9. Implementation and Monitoring Plans including Description of Indicators
10. Stakeholder Consultations
11. Lessons learnt from Previous Project and Recommendations
12. References
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2.0 BRIEF DESCRIPTION OF THE PROPOSED PROJECT
The project has 4 components: (i) Stimulating demand for sanitation and hygiene services through
behavioral change communication (BCC) under the CLTS concept in communities (ii) Stimulating
willingness of communities to take lead in investing in household latrines and provision of waste
collection bins and matching community contributions with project fund to provide a more improved
latrine at a lower cost to the households (iii) Direct investment from project funds into school sanitation
and hygiene facilities in 16 schools; (iv) Monitoring and Evaluation, and Knowledge Dissemination and
Project Management and Administration. The project adopts the Results based financing approach,
stimulates bottom-up approach implementation and strengthens local private sector participation.
Within the results based contracting and financing framework, communities and schools will be
triggered through BCC to stimulate demand for latrines leading to willingness of households to take lead
in investing in their own household latrines and which will ultimately lead to the abandoning of open
defecation by the whole community and the use of adequate sanitation facilities like waste bins, urinal
and hand washing facilities and waste disposal sites.
SNV is the implementation agency for this project because of the demonstrated comparative advantage
that it has in implementing the innovations included in this proposal.
The ultimate beneficiaries are the children, women and families of deprived communities in 4 districts in
the Northern Region of Ghana, who will benefit from better sanitation and hygiene practices and
services. The Northern Region of Ghana was selected over the other 9 regions because of the
comparatively high prevalence of water and sanitation related diseases like diarrhea, buruli ulcer, and
intestinal worms. The 4 districts namely, Saboba, East Gonja, West Gonja and Tamale Municipality
(specifically, peri-urban areas of Tamale), in figure 1, were selected because of their low sanitation
coverage as compared to other districts in the selected region. Final selection of target communities and
schools will be based on factual performance data on sanitation and hygiene as well as local priority as
perceived by key district and regional actors. Participation of these actors in the selection process will
increase social sustainability of the program and increase ownership. The aim is to reach 75
communities with an estimated total of 112,500 individuals (with an estimated 1,500 population per
community), including 4,000 school children in 16 schools, over a period of 3 years.
With the Construction of the school latrines, and possibly construction of buildings for the SANIMART
and the micro credit scheme, there may be minor impacts from environmental and social perspectives.
The following World Bank safeguard policies will be triggered: Environmental Assessment OP 4.01;
Involuntary Resettlement OP 4.12
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Figure 1: District map of the Northern Region
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3.0 RELEVANT LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK
3.1 National Regulatory Framework
The National Land Policy was prepared in 1999, and the ongoing Land Administration Project seeks
among other things, to streamline the myriads of laws regulating land administration and/ or
establishing mandates for different land administration agencies in the country. Some relevant laws and
regulations are the following:
The Constitution of the Republic of Ghana, 1992;
The State Lands Act, 1962;
The Lands (Statutory Wayleaves) Act, 1963; and
The Lands Commission Act 2008, Act 767.
The Constitution of the Republic of Ghana, 1992
The Constitution includes some provisions to protect the right of individuals to private property, and
also sets principles under which citizens may be deprived of their property in the public interest
(described in Articles 18 and 20). Article 18 provides that
“Every person has the right to own property either alone or in association with others.”
In Article 20, the Constitution describes the circumstances under which compulsory acquisition of
immovable properties in the public interest can be done:
“No property of any description, or interest in, or right over any property shall be compulsorily taken
possession of or acquired by the State unless the following conditions are satisfied:
a) The taking of possession or acquisition is necessary in the interest of defence, public
safety, public order, public morality, public health, town and country planning or the
development or utilization of property in such a manner as to promote the public benefit;
and
b) The necessity for the acquisition is clearly stated and is such as to provide reasonable
justification for causing any hardship that may result to any person who has an interest in
or right over the property.”
Article 20 of the Constitution provides further conditions under which compulsory acquisition may take
place: no property “shall be compulsorily taken possession of or acquired by the State” unless it is,
amongst other purposes, “to promote the public benefit (Clause 1).
Clause 2 of Article 20 further provides that:
“Compulsory acquisition of property by the State shall only be made under a law which makes provision
for:
a) The prompt payment of fair and adequate compensation; and
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b) A right of access to the High Court by any person who has an interest in or right over the
property whether direct or on appeal from any other authority, for the determination of
his interest or right and the amount of compensation to which he is entitled.”
Clause 3 adds that:
“Where a compulsory acquisition or possession of land effected by the State in accordance with clause
(1) of this article involves displacement of any inhabitants, the State shall resettle the displaced
inhabitants on suitable alternative land with due regard for their economic well-being and social and
cultural values.”
The State Lands Act, 1963
The Act 125 vests the authority to acquire land for the public interest in the President of the Republic. It
also gives responsibility for registering a claim on the affected person or group of persons, and provides
details of the procedure to do this. The State Lands Act, 1962 provides some details to be taken into
consideration when calculating compensation such as definitions for (1) cost of disturbance, (2) market
value, (3) replacement value, and so on.
The Lands (Statutory Wayleaves) Act, 1963
This Act describes the process involved in occupation of land for the purpose of the construction,
installation and maintenance of works of public utility, and for creation of rights of way for such works.
The provisions include:
The owner/ occupier of the land must be formally notified at least a week in advance of the intent
to enter, and be given at least 24 hours notice before actual entry;
Any damage due to entry must be compensated in accord with the procedures established by the
Minister unless the land is restored or replaced;
In the case of highways, no compensation shall be paid, unless the land taken is more than one
fifth of the total holdings of an affected person;
Where a right of way must be established in the public interest, the President may declare the
land to be subject to such statutory wayleave;
On publication of a wayleave instrument specifying the area required, and without further
assurance, the land shall be deemed to be subject to wayleave. Compensation is then determined
and paid, with the right of appeal to a tribunal established by the President, in parallel with the
Lands Act, 1962.
The Lands Commission Act 2008, Act 767
The Lands Commission Act 2008 establishes the Lands Commission to integrate the operations of public
service land institutions in order to secure effective and efficient land administration to provide for
related matters. The objectives of the Commission are to:
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Promote the judicious use of land by the society and ensure that land use is in accordance with
sustainable management principles and the maintenance of a sound eco-system; and
Ensure that land development is effected in conformity wit the nation’s development goals.
3.2 World Bank Safeguard Policy on Involuntary Resettlement
The World Bank’s safeguard policy on involuntary resettlement, OP 4.12, (December 2001) is to be
complied with where involuntary resettlement, impacts on livelihoods, acquisition of land or restrictions
to natural resources, may take place as a result of the project. It includes requirements that:
a. Involuntary resettlement should be avoided where feasible, or minimised, exploring all viable
alternative project designs.
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 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. 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.
According to OP 4.12, the resettlement plan should include measures to ensure that the displaced
persons are:
a. informed about their options and rights pertaining to resettlement;
b. consulted on, offered choices among, and provided with technically and economically feasible
resettlement alternatives; and
c. provided prompt and effective compensation at full replacement cost for losses of assets
attributed directly to the project.
If the impacts include physical relocation, the resettlement plan should include measures to ensure that
the displaced persons are:
i. Provided assistance (such as moving allowances) during relocation; and
ii. Provided with residential housing, or housing sites, or as required, agricultural sites for which a
combination of productive potential, location advantages, and other factors is at least
equivalent to the advantages of the old site.
Where necessary to achieve the objectives of the policy, the resettlement plan also should include
measures to ensure that displaced persons are:
a. offered support after displacement, for a transition period, based on a reasonable estimate of the
time likely to be needed to restore their livelihood and standards of living; and
b. provided with development assistance in addition to compensation measures, such as land
preparation, credit facilities, training, or job opportunities.
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3.3 Gaps between Ghanaian Regulations and World Bank Policies
There are significant gaps between Ghanaian regulations and World Bank policies. These are
summarised in Table 1.
Table 1 Comparison of Ghanaian Regulations with World Bank Policies
Topic Ghanaian legislation requirement WB policy requirement
Timing of compensation payment
Prompt Prior to displacement
Calculation of compensation
Fair and adequate Full replacement cost
Squatters No provision. Are deemed not to be eligible
Are to be provided resettlement assistance (but no compensation for land)
Resettlement In the event where inhabitants have to be displaced, the State is to resettle them on “suitable land with due regard for their economic well-being and social and cultural values”.
Affected people who are physically displaced are to be provided with residential housing, or housing sites, or, as required, agricultural sites (…) at least equivalent to the old site. Preference to be given to land-based resettlement for displaced persons whose livelihoods are land-based.
Resettlement assistance No specific provision with respect to additional assistance and monitoring.
Affected people are to be offered support after displacement, for a transition period
Vulnerable groups No specific provision Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities…
Information and consultation
The owner/occupier of the land must be formally notified at least a week in advance of the intent to enter, and be given at least 24 hours notice before actual entry
Displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement.
Grievance Access to Court of Law Appropriate and accessible grievance mechanisms to be established
3.4 Project Measures to ensure compliance with World Bank Policy
In general the Ghanaian laws and regulations make provision for resettlement framework, including land
acquisition and compensation matters. There are some differences between the World Bank guidelines
and the Ghanaian laws as indicated above.
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This Resettlement Policy Framework combines the World Bank Safeguard Policy on involuntary
resettlement (OP 4.12) and the national laws. In circumstances where gaps exists between national
laws and World Bank policy, the World Bank policy applies in such cases as provided in the Resettlement
Policy Framework. The Resettlement Policy Framework is therefore the main guide for the
implementation of land acquisition and compensation under the project.
3.5 Land Tenure
Land ownership may be categorized into these 2 main forms:
Customary land comprising stool and family lands; and
Public land comprising state and vested lands.
Customary land
Land owned customarily is governed by customary laws prescribed by the local community and
therefore varies greatly from place to place. Allodial titles are vested in stool lands and it is the highest
right to ownership of land. Family land is vested in the head of the family and is not under government
control as Stool lands are under the Administrator of Stool Lands.
Public land
State lands have been compulsorily acquired by government for public purposes or in the public interest
and administered by the Lands Commission. Vested land is customarily owned but vested in the
government which manages it on behalf of the owner (e.g. stool).
3.6 Public Institutions involved in Land Administration
These include:
Lands Commission-Public and Vested Lands Management Division
Lands Commission-Land Registration Division
Lands Commission-Survey and Mapping Division
Lands Commission-Land Valuation Division
Department of Town and Country Planning
Office of the Administrator of Stool Lands
Ministry of Lands and Natural Resources
Their roles and responsibilities are summarized in the following table:
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Table 2 Legal, regulatory and administrative frameworks
Public Institution Legal backing Mandate
Lands Commission- Public
and Vested Lands
Management Division
Lands Commission Act,
2008, Act 767
Facilitates the acquisition of land for Government;
and manages state acquired and vested lands in
conformity with approved land use plans
Lands Commission-Land
Registration Division
Lands Commission Act,
2008, Act 767
Land Title Registration
Act, 1986
Ensures registration of title to land and other
interests in land; maintains land registers that
contains records of land and other interests in land;
ensures registration of deeds and other instruments
affecting land, among other functions
Lands Commission-Survey
and Mapping Division
Lands Commission Act,
2008, Act 767
Survey Act 1962, Act 127
Supervises, regulates and controls the survey and
demarcation of land for the purposes of land use and
land registration; Supervises, regulates, controls and
certify the production of maps; Plans all national
surveys and mapping among other functions
Lands Commission-Land
Valuation Division
Lands Commission Act,
2008, Act 767
Assesses the compensation payable upon acquisition
of land by the government; valuation of interests in
land or land related interests for the general public at
a fee among other functions
Department of Town and
Country Planning
Established in 1945 Designs plans and controls settlements
Office of the
Administrator of Stool
Lands
Stool Land Act, 1994 Manages revenue drawn from stool/ skin lands;
establish stool land account; collect revenue into
account; disburse monies to stool, traditional
authority and District Assemblies.
Ministry of Lands and
Natural Resources
- Formulates policies for Lands Administration in
Ghana
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4.0 POTENTIAL PROJECT IMPACTS ON ASSETS AND LIVELIHOODS
4.1 Overview
This policy framework is triggered in anticipation that the project may have some impacts on assets and
livelihoods, however limited these impacts may eventually turn out to be.
Experience from the SRWSP does not indicate any significant impacts of the projects. It is expected that,
under this new project, similar conditions may apply. For instance institutional latrine facilities will be
sited within existing land boundaries of beneficiary institutions and therefore no new land acquisition
may be needed. This RPF makes provisions to minimize impacts through total avoidance or redesigning
where practical.
However, as sub-projects are not known in sufficient detail at this stage of preparing this Resettlement
Policy Framework (RPF), provisions are made in the RPF to accommodate all potential situations,
including cases that may entail actual displacement and livelihood restoration assistance in concordance
with the World Bank Policy on Involuntary Resettlement (OP 4.12).
4.2 Assessment of social impacts
Latrines may be situated on farm lands and open spaces in both rural communities and small towns.
These will be confirmed from the social surveys, and will determine the magnitude of any displacement
and the impact of the project implementation, both positive and negative.
From field observations, it will be possible to enumerate persons and properties (households,
commercial activities including farms, and other commercial undertakings) whether renters, owners or
squatters to be affected wholly, totally or marginally. The survey may suggest mitigation measures if
possible.
4.3 Generic project impacts on assets and livelihoods
Table 3 shows in generic terms what impacts on assets (land, crops, and structures) and livelihoods can
be expected given the types of activities envisioned under the Project.
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Table 3 Generic project impacts on assets and livelihoods
Sub- project Potential Impact on Assets and Livelihoods
Land Crops Forests/cultural sites
Structures Livelihoods
Institutional and household latrine facilities
Permanent acquisition of land/ Land already acquired or occupied by institution. Temporary occupation during construction for access
Destruction of crops on areas earmarked for project; Damage to or destruction of crops on temporarily occupied land
Destruction of standing trees or vegetation
Nil Affected farmers livelihood, including owners, occupants/ users.
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5.0 PRINCIPLES AND OBJECTIVES FOR VOLUNTARY LAND DONATIONS
5.1 Principles and objectives
These principles are intended to minimize negative impacts. However, it will not be always feasible to
avoid displacement or land acquisition. In addition to impact minimization measures, mitigation
measures are needed, hence this RPF.
5.1.1 Regulatory Framework
Any impact of the Project on land and/or people (land acquisition, resettlement, livelihood restoration
of affected people) will be addressed in compliance with the Constitution of Ghana, with other Ghanaian
regulations, and with the World Bank safeguard policy on involuntary resettlement (OP 4.12). Where
there are gaps or inconsistencies between Ghanaian laws and the World Bank policy, the World Bank
policy OP 4.12 will apply.
5.1.2 Minimising land compensation payment
Communal or stool lands vested in the traditional authorities and public lands will be considered first in
all cases. This will be followed by family lands and individual lands will be a last resort. Community sub-
projects will be community driven and therefore voluntary land donations for the project will be
welcomed and encouraged in all cases but measures will be put in place to prevent abuse.
5.1.3 Minimization of Displacement
In line with the World Bank safeguard policy OP 4.12, the Project will minimize displacement through
the following design procedures:
Wherever inhabited dwellings may potentially be affected by a component of a sub-project, the sub-
project shall be redesigned (facility relocation) to avoid any impact on such dwellings and to avoid
displacement/relocation accordingly;
Wherever the impact on the land holding of one particular household/family/individual is such that
the household/family/individual may not be sustainable in the long term, even if there is no need
for physical displacement, the sub-project shall be redesigned (facility relocation) to avoid any such
impact; and
To the extent possible, Project facilities will be located in public spaces;
5.1.4 Fair and adequate compensation
One cardinal principle of the World Bank safeguard policy on Involuntary Resettlement (OP 4.12) is that
project affected persons should be “no worse-off if not better off” after the compensation or
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resettlement has taken place. The compensation package will include loss of income or livelihood
restoration assistance or relocation assistance as appropriate plus a disturbance allowance.
5.1.5 Compensation payment
Compensation principles will be as follows:
Compensation shall be paid prior to displacement or destruction;
Compensation will be at full replacement value.
By contrast with the depreciated or net value of a structure, the “replacement value” includes the full
cost of materials and labour required to reconstruct a building of similar surface and standing. In other
words, the affected person must be able to have their structure rebuilt in a different location using the
compensation paid for the old building.
5.1.6 Community involvement and sensitisation
Each beneficiary community will be sensitized on the project and likely project impacts and the extent of
their involvement to ensure project success. Measures instituted to address negative project impacts
will be well communicated to the community.
5.2 Voluntary Land Donations
Voluntary land donations from community members who wish to do so for the sake of the community
will be allowed. However, it will be subject to certain safeguards to ensure that people are not
forced/coerced in giving up their rights to their assets. The DWST/DAs will ensure that the donor is the
legitimate owner of the land; and that the donor is fully informed of the nature of the project, and the
implications of donating the property for community project/usage.
The following measures will be considered in dealing with land donations, based on their relevance to
the cases being encountered:
An assessment that the affected person does not suffer a substantial loss affecting his/her economic
viability as a result of the donation.
Confirmation that the project has been discussed with the affected person and acknowledgement
by the affected person of his/her understanding of the long term project land use.
Confirmation from the traditional authorities or the district assembly that the land is free of
claims/dispute or encroachments from any third party.
Documentation of land donated for the Project: The DWST/DAs will develop a land release form to
be completed and endorsed by the donor and witnessed by the traditional authorities, or water and
sanitation board members or local government officials and DWST, with copies of the Forms kept at
the DA Town Planning Section and the SNV office as well as the RWST.
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6.0 VALUATION, ELIGIBILITY AND ENTITLEMENTS
6.1 Valuation
The District Valuation officials will assist communities to calculate the rates based on government
approved standards. However, Table 4 provides the general guideline and method for the preparation
of the costs.
Table 4 General guidelines and methods for costs preparation
Item Types Method
Building, structures Cement, roofing sheets,
doors, wood, paint, sand,
stones etc
Replacement cost method would be used to determine
market value and will be based on (1) land in comparable
site, (2) drawings of buildings, related structures and
support services, (3) average replacement costs of
different types of buildings based on information on
quantities and types of materials for construction, (4)
prices of items on the local market, (5) costs of
transportation, (6) estimates for construction of new
buildings.
Businesses Kiosks, containers,
workshops, communication
centres, chop bars, saloons
Farm crops Crops and fruit trees Market value as at the time of replacement
Standing trees Follow EPA requirement. Pay cash for every tree felled
and in addition plant two more at location similar to
where the other was felled.
Forests Dedicated community forest
areas, sacred groves,
cemeteries, shrines
Replacement cost method would be used and should be
done in consultation with and acceptable to the
traditional authorities or community leaders
Losses of income and
livelihood
- Estimation of net monthly profit for business based on
records; application of net monthly profit to the period
when business is not operating.
Disturbance
allowance
- 10% of total compensation
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6.2 Description of Eligibility Criteria
Project affected persons are described as persons affected by land acquisition, relocation, or loss of
incomes associated with the acquisition of land and/or other assets, and restriction of access to legally
designated sites and protected areas.
It is not possible to provide an exhaustive list of such persons at this project preparatory stage.
However, based on an understanding of the social structure of the rural community and the nature of
the sub- projects, it is possible to suggest that the most likely affected persons will be individuals.
Table 5 Eligibility criteria Category of affected persons Assets Type of compensation Persons with formal legal rights to land
Physical and non- physical assets such as residential structures, productive lands, farm lands, cultural sites commercial/ business properties, tenancy, income earning opportunities, and social and cultural networks and activities
To be provided compensation for land lost and other assistance
Persons without formal legal rights to land at time of notification but have claims to property recognized by community leaders
To be provided compensation for land lost and other assistance
Persons with no recognizable legal right or claim to land they are occupying, eg squatters
To be provided resettlement assistance in lieu of compensation for land occupied.
Persons encroaching on land after the notification
Not eligible for compensation or any form of resettlement assistance
6.3 Entitlement
The entitlement matrix for compensation issues for the Projects is given in the table below.
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Table 6 Entitlement Matrix Asset Type of impact Entitled person Eligibility criteria Entitlement
Land
Permanent acquisition of land
Landowner (individual, household, stool)
Person with formal legal right to land /without formal legal right to land but have claims to property recognized by community leaders
Replacement with an equivalent piece of land located in the vicinity of the affected area. If land is not available then cash compensation at full replacement value as well as disturbance allowance (10%)
Temporary acquisition of land
Landowner (individual, household, stool)
As above Full reinstatement to pre- project conditions; Rent to be agreed upon for the period during which land is occupied.
Acquisition of RoWs Landowner (individual, household, stool)
As above Cash compensation to be negotiated based on value; disturbance allowance (10%)
Crops
Destruction of crops Landowner/ tenant/ or farmer Farmer Cash compensation for crops not ready for harvesting at time of entry, and negotiated with LVB; Disturbance allowance
Damage of crops Landowner/ tenant/ or farmer Farmer Cash crop compensation for damaged crops, and negotiated with LVB; Disturbance allowance, 10%
Forests Destruction of family/ community dedicated trees
Landowner (individual, household, stool)
Person with formal legal right to land /without formal legal right to land but have claims to property recognized by community leaders
Cash compensation to be negotiated based on replacement value as well as disturbance allowance (10%)
Damage to sacred groves and other cultural heritage such as cemeteries and shrines
Landowner (individual, household, stool)
As above Relocation of cultural heritage to a similar site in consultation with family/community leaders as well as disturbance allowance (10%). If relocation to a new site is not possible then cash compensation at full replacement value (to be negotiated with family/community leaders and LVB) as well as disturbance allowance (10%)
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Structures
Destruction of permanent immovable structures
Owner Confirmed owner (with evidence) of affected structure irrespective of land ownership
Resettlement to a similar dwelling in a similar location, or Cash compensation at full replacement value of structure. Cost of moving Disturbance allowance (10%)
Occupant Tenant Cost of moving Disturbance allowance (3 months rent)
Temporary displacement of moveable structure
Owner Confirmed owner (with evidence) of affected structure irrespective of land ownership
Cost of displacing the affected structure Cost of moving the affected structure back to project affected land Disturbance allowance of 10%
Livelihood Agriculture Farmer as distinct from affected plot owner
Been using affected land for agriculture irrespective of ownership situation
Cash compensation of any loss of income Assistance to livelihood restoration
Businesses Business person as distinct from owner of structure
Been operating business on project affected land irrespective of ownership (includes squatters)
Cash compensation for temporary loss of income Assistance to livelihood restoration
Use of communal resources
User of such resources (individuals/ communities)
Use of communal resources for livelihood
Assistance to identify and access similar resource elsewhere Cash compensation of temporary loss of income
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7.0 PROPOSED RESETTLEMENT MEASURES AND COST ESTIMATE
7.1 Resettlement measures
The potential social impacts to be addressed within the context of preparing this Resettlement
Framework are generalized as previously shown in Table 3. It is not possible at this time to prepare
specific resettlement measures. It is expected though that social assessment studies will be carried
out within specific communities on project by project basis, as and when required. The framework
for the compensation/ resettlement will then be applied incorporating specific (1) institutional
arrangements, (2) resettlement/ compensation eligibility criteria, (3) implementation procedures,
(4) financial responsibilities, and (5) monitoring and evaluation plan.
Livelihood restoration measures
Furthermore, the livelihood restoration measures will consider issues such as (1) income levels of
affected persons, (2) other non- monetary sources of livelihood, (3) constraints and opportunities
for income generation, (4) number of persons not able to revert to previous occupation, and (5)
existing skills of affected persons.
Vulnerable Persons
During inventory of project affected persons within the beneficiary communities, vulnerable persons
will be identified in order for special assistance or measures to be put in place for them. Generally,
vulnerable persons will cover:
The aged (above 70 years);
Physically and mentally challenged;
Widows;
Orphaned children (less than 18 years) and
Bedridden or seriously sick persons.
Assistance may take the following forms but not limited to these, depending upon vulnerable
persons’ requests and needs:
Assistance in accessing compensation money(e.g., going to the collection point or bank with
the person to cash the compensation cheque);
Assistance in the post payment period to secure compensation money and reduce risks of
misuse/robbery;
Assistance in moving: providing vehicle, driver and assistance at the moving stage;
Assistance in building: providing materials, workforce, or building houses; and
Health care if required at critical periods: moving and transition period.
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7.2 Budget
The budget will be developed from the specific community social assessment studies and
mitigation/livelihood restoration measures to be developed. It will cover resettlement activities
including compensation cost for affected assets.
The cost will be derived from expenditures relating to (1) the preparation of the
resettlement/compensation plan, (2) relocation and transfer, (3) income and means of livelihood
restoration plan, and (4) administrative costs. These bullet points give the cost centres:
Preparation of Plan
Cost of survey of affected persons, valuation and inventory of assets;
Compensation payments for structures
Relocation and transfer
Cost of moving and transporting items
Cost of site and infrastructure development and services
Subsistence allowance during transition
Cost of replacement of businesses and downtime
Income and means of livelihood restoration plans
Cost of estimating income losses
Cost of income restoration plans
Administrative costs
Operation and support staff
Training and monitoring
Technical assistance
Table 7 is a template for the itemization of budgets to be prepared under the compensation plan or
RP with mainly cash compensation in mind. No resettlement housing is included. The template could
be modified to suit local situation.
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Table 7 Itemisation of budget # ITEM GHC
1.0 PREPARATORY PHASE COST
1.1 Inventory of affected persons, assets and livelihoods 5,000-20,000-
1.2 Valuation fees (LVB or private valuer) 10-15 % of Compensation
cost
1.3 Preparation of resettlement plans or compensation reports 10,000-50,000
1.4 Subtotal 1 (Preparatory phase cost)
2.0 COMPENSATION COST
2.1 Compensation for permanent acquisition of land
2.2 Compensation for temporary occupation of land
2.3 Compensation for destruction of standing crops
2.4 Compensation for destruction of permanent immoveable structures
2.5 Compensation for temporary displacement of moveable structures
2.6 Subtotal 2 (Compensation cost)
3.0 LIVELIHOOD RESTORATION /MITIGATION MEASURES COST
3.1 Compensation for farmers ' loss of income
3.2 Compensation for business persons ' loss of income
3.3 Cost of special assistance to vulnerable persons
3.4 Subtotal 3 (Livelihood restoration/mitigation cost)
4.0 CAPACITY BUILDING & IMPLEMENTATION COST
4.1 Capacity building for key stakeholders –local consultant 20,000-50,000
4.2 Overhead cost for compensation disbursement/grievance redress/monitoring & evaluation
20-40 % of compensation
costs
4.3 Leg al fees (in case of court dispute) 15% of valuation/
compensation costs
4.4 Subtotal 4 (Capacity building & implementation cost)
5.0 TOTAL COST (addition of all subtotals)
6.0 CONTINGENCY (5%-10% OF TOTAL COST)
7.0 GRAND TOTAL COST (Total Cost + Contingency)
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8.0 PROPOSED ADMINISTRATIVE AND INSTITUTIONAL FRAMEWORK FOR PREVENTION AND
MITIGATION
This section seeks to preempt future problems with the implementation of the resettlement or
compensation plan by proposing a workable institutional arrangement. Some institutions to
participate in the exercise are identified as follows:
Table 8 Institutional framework No.
Institution Responsibility -Implementation Responsibility -Grievance Redress
SNV office- Tamale/ Accra Overall supervision of the RPF and Resettlement/Compensation Plan
To assist in resolving issues referred to it by the RWST or DA
2.0 Regional Water and Sanitation Team (RWST)
Support to SNV Tamale office for Regional supervision of Plan and reporting to head office
To assist in resolving issues referred to it by the SNV Tamale office
3.0 Environmental Protection Agency (EPA)
Review and monitor Social Impact Assessment
-
4.0 District Land Valuation Officers
To assist in the valuation and compensation payment process and reporting
To assist in re-valuing disputed values of properties
5.0 District Assembly To provide funds for compensation payment
To assist in resolving issues received directly or referred to it by the DWST/RWST/SNV To oversee implementation of plans
6.0 District Water and Sanitation Team (DWST)
Trigger the process through inventory of affected persons and assets and implement plan in close consultation with RWST/WATSANs/ WSDBs/ Consultant
To receive complaints from WATSAN/WSDBs or affected individuals and liaise with WATSAN/ WSDBs or DA/RWST/SNV to resolve issues
7.0 WATSANs/ WSDBs To represent community and assist in inventory of affected persons
To receive complaints at community level and liaise with DWST to resolve issues
8.0 Consultant Prepare plans and assist with implementation and capacity building
-
The SNV Tamale office has the overall responsibility for preparing the RPF and implementing the
Resettlement Plan with RWST and World Bank support. It will ensure that all compensation,
resettlement and rehabilitation activities are carried out satisfactorily before the disbursement of
funds for construction work to commence.
The SNV will organize the district orientation and training for the four (4) District Assemblies and the
various government departments likely to be involved in the process, to be ready to implement
payment of compensations, and other activities in a timely manner, especially if the districts is not
participating in the SRWSP. The SNV Tamale office will ensure that progress reports reach the head
office in Accra regularly. The project administration and resettlement planning will run concurrently.
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Much of the work will be done at the district level. The SNV Tamale office through the District
Assembly which is the local administrative authority, will ensure that
Communities are properly and adequately informed (timely) by the LPOs of the Plans, and also
their rights and options relating to their properties that may be affected by the project
Coordinate activities between different communities implementing the resettlement or
compensation plans
Ensure timely provision of compensation, in cash and/ or kind
Attend to any grievances submitted by the affected persons
The DWST through the WATSANs/ WSDBs will engage and involve all sections of the community in
discussions on the Plan. They will
Schedule open meetings to ensure that all community members are informed and they are fully
aware of their rights and options regarding the resettlement activity
Identify impacts on lands and assets and the members of the community to be affected and to
what extent they will be affected
Consider voluntary contributions or else negotiated land acquisition
Facilitate alternatives including compensations in kind and exemptions from local contributions
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9.0 IMPLEMENTATION AND MONITORING PLANS INCLUDING DESCRIPTION OF INDICATORS
9.1 Sequence of implementation and responsibilities
The sequence of implementation activities and responsibilities are summarized in the table below:
Table 9 Sequence of implementation tasks and institutions
No
Task Institutions
2.0 Preliminary assessment of resettlement issues CBO/DWST/ WATSAN/ WSDB
3.0 Assessment of the need to do relocate facility SNV/ DWST/ WATSAN/ WSDB/
Consultants
4.0 Relocation of facility Consultants
5.0 If 4.0 above is not successful inform DWST/SNV Consultants
6.0 Confirm need for resettlement/compensation actions DWST/SNV
7.0 Assess the options for land acquisition SNV/DWST/ WATSAN/ WSDB/ District
Land Valuation Board
8.0 Assess the number of affected persons CBO/ DWST/ WATSAN/ WSDB
9.0a If number of affected persons is up to 49, no
documentation is required. Trigger the process
required to undertake land acquisition and
compensation payments
SNV/ CWSA/ DWST/ District Land
Valuation Board/ DA
9.0b If number of affected persons is more than 49 but less
than 200, prepare abbreviated resettlement plan (ARP)
for country level approval.
Consultant/ DWST/ SNV
9.0c If number of affected persons is more than 199,
prepare RAP for World Bank approval.
Consultant/DWST/SNV
10.0 Use RP to trigger the process required to undertake
land acquisition and compensation payment
SNV/ DWST/ District Land Valuation
Board/ DA
11.0 Review Plans SNV/ RWST/ DA
12.0 Budgeting of costs SNV
13.0 Confirm arrangements for managing funds SNV/ RWST
14.0 Implement Plans SNV/ DWST/ WATSAN/ WSDB/ CBO
9.2 Procedures for delivery of entitlements
Entitlements may range from cash payments and/ or building materials to the provision of new land,
new homes and compensation for other lost properties. Compensation will be paid before owners/
occupiers are made to vacate their properties for commencement of construction works. Payments
will be funded like any other activity under the project’s administrative and financial management
rules and manuals.
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Compensation committee: The committee will comprise representatives of the affected persons (2
to 3no.), the WATSAN/ WSDB, DWST, DA, LVB, EPA, SNV. The committee will be chaired by the
representative of the District Assembly.
Consultations: The affected persons should be engaged in active consultations at the beginning of
the project and any displacement should not be last hour notice. Their input to the process is
essential and their cooperation will be forthcoming when the project objective of a sanitary facility
is adequately explained to them. They should have access to the Resettlement Plan and be
encouraged to provide input.
Notification: Affected persons will be notified through both formal (in writing) and informal (verbal)
manner. A cutoff date will be agreed upon, communicated to the public and implications clearly
outlined.
Documentation: The names and addresses of affected persons will be compiled and kept in a
database including claims and assets. The DA will maintain records of these persons as well as the
SNV. The records are also important especially for future monitoring activities.
Contract Agreement: A contract listing of all property and land/ farms being surrendered and the
types of compensation (both cash and kind) would be prepared. The contracts will be presented at
community meetings/ durbars prior to signing. The handing over of property and compensation
payments will be made in the presence of the affected persons and the Compensation Committee,
and in public.
Time Provisions: The affected persons may negotiate with the Compensation Committee on time
frames and terms of payment, but no construction work can begin until the project affected persons
have been compensated in full or resettled.
Redress of grievances: If affected persons are not satisfied with proposed entitlements or its
implementation, they can seek redress through their respective DAs. The DA will liaise with the SNV
Tamale office to address the problems. If the affected persons are still not satisfied they could take
it up further with the RCC and then possibly to the national level. All grievances will be expressed in
writing. Where grievances entail inadequate compensations paid, section 4 of the Lands Act 1963
makes provision for appeal to a “Land Tribunal” which is an adjudicatory body. The Resettlement
Plan to be prepared for the community must adequately describe mechanisms for resolution of
disputes and grievances. The Compensation Committee will be required to handle all grievances
under any aspect of project activities.
Financial obligations: It is the responsibility of the GoG through the DAs to pay compensations and
the SNV will facilitate this with some assistance from the CWSA and the RCC. These arrangements
notwithstanding, voluntary community contributions, and compensations in kind and exemptions
from local contributions as compensation mechanisms are options to consider.
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9.3 Monitoring plans and indicators
The monitoring programme will provide a continuous feedback on the implementation of the RPF
and the Plan itself. Monitoring teams at the district and regional levels will be constituted and will
report regularly at the national level through the CWSA. The district team will comprise the DA,
DWST, WATSAN/ WSDB, and SNV Tamale while the regional team will be constituted by the SNV,
RWST, DAs, and RCC.
It is necessary to periodically juxtapose the objectives of the resettlement plan alongside
achievements regarding whether livelihoods and living standards have been restored or enhanced.
In case deviations are observed, then appropriate correcting actions are immediately implemented
to fall in line with the original intended results. The scope of monitoring will comprise social and
economic considerations as well as technical components, which may further look at physical
infrastructure provided the affected persons.
The monitoring indicators should cover areas such as (1) basic information on affected persons’
households, (2) restoration of living standards and livelihoods, (3) levels of affected persons’
satisfaction determined by number of grievances registered, and (4) effectiveness of resettlement
planning. Some indicators are suggested in the annex based on similar considerations under the
Ghana Land Administration Project, (2003).
An evaluation programme will be implemented periodically to also check on compliance with policy
and provide lessons to amend strategies, especially in the longer term. The evaluation will be based
on current WB procedures and also national provisions on resettlement/compensation. It will
identify actions which will improve policy and offer higher guarantees of implementation success.
The process will be incorporated in the general assessment and review usually undertaken for the
project.
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10.0 STAKEHOLDER CONSULTATIONS
10.1 List of individuals/organizations contacted for the previous RPF preparation
During the preparation of the RPF for the SRWSP, special consultation meetings were held with
stakeholders. The outcome of these meetings is relevant to the current project and is re- produced
below:
Table 10: Stakeholders consulted for update of RPF
No. Organisation/ Community
Name Position/Status Contact
NORTHERN REGION
6 CWSA-Tamale Mr. Dogoli Regional Director 071-22676/7 (office)
7 RCC-Tamale Mr. Joseph M. Dasanah
Regional Co-ordinating Director 0244330770
Mr. Eric Ofori-Arthur
Assist. Development Planner 0274758917
Ellis Assist. Dev. Planner 0243711856
8 EPA- Tamale Mr. Abu Iddrisu Regional Director 0243635902
9 Tamale Metropolitan Assembly
Mr. Stephen Tecku Works Engineer 0244849409
10 Nanumba North District Assembly, Bimbilla
Mr. Abdul Karim District Planning Officer -
Mr. Okaps DWST Leader 0242521009
11 Kpatori community Afa Ibrahim Chairman-WATSAN
Abdul Rashid Secretary-WATSAN
Mborana M. Acheampong
Assemblyman
Alhassan Osman Teacher
12 Buariyili Community
Mr. Anim Chairman-WATSAN
10.2 Stakeholder discussions and concerns
The following issues were raised and discussed:
Voluntary land donations
Community members consulted were willing to donate land purposely for the project in the interest
of the larger community. Traditional authorities as well as individual community members have
donated land for projects executed under CWSP II Phases 1 & 2 without any apparent problems.
Avoidance of displacement and impacts
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Community sub-projects should be designed as much as possible to avoid destruction of habited
structures or business structures. Re-routing and re-designing should always be an option open to
the project.
Project land take
Communal or stool lands as well as public lands should be considered first in all cases followed by
family lands. Individual lands should be considered where no other options or alternatives are
available for the project.
Community sensitization
Community sensitization should form an integral part of the project. The beneficiary communities
should be made aware of their roles, responsibilities and contributions towards project
implementation.
Engagement with project affected persons
Project affected persons should be engaged and adequately informed or notified at every stage of
the project. The affected persons including voluntary land donors should be informed prior to the
undertaking of an activity on or close to their lands/property such as borehole siting, digging of
trenches and laying of pipes, construction of reservoirs etc.
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Revised Report. May 2013
11.0 REFERENCES
CWSA (2008) Workshop Report, Implementation of Environmental and Social Safeguards for the
Small Towns Water Supply and Sanitation Project (ESMF/SEA and RPF of the CWSP II Phase 2), Mr. S.
Larmie & Mr. E. K. Acquah, February 2008
CWSA (2010) Resettlement Policy Framework for the Sustainable Rural Water and Sanitation
Project, SAL Consult Ltd, Accra
Ministry of Local Government and Rural Development (2004) Resettlement Policy Framework for
the Strategic Environmental Assessment of the proposed Community Based Rural Development
Project (CBRDP), Technology Impro Associates Limited, Accra
Ministry of Lands and Forestry (2003) Ghana Land Administration Project- Resettlement Policy
Framework, Accra
Ghana Water Company Limited (2004) Ghana Water Sector Restructuring Project- Resettlement
Policy Framework, Draft Final Report. AY&A consult and Royal Haskoning, Accra
The World Bank- Operational Manual, Safeguard Policies
Ministry of Works and Housing (2000) Project Operational Manual for the CWSP II, CWSA
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Revised Report. May 2013
ANNEX
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Revised Report. May 2013
Annex 1
Monitoring Indicators
Budget and Time Frame
Land acquisition and resettlement team appointed and mobilized for work on schedule
Resettlement implementation activities achieved against implementation plan
Funds for resettlement allocated to resettlement agencies on timely and adequate
manner
Funds disbursement according to RP
Social preparation phase implemented on schedule
Land acquired and occupied in time for project implementation
Delivery of affected persons entitlements
Affected persons received entitlements according to numbers and categories
Affected persons received payments on time
Replacement land plots or contracts provided
Income and livelihood restoration activities implemented as given in the income
restoration plan
Ability of affected persons to access cultural sites and activities
Consultation, grievance and other issues
Implementation of scheduled consultation including meetings, groups and community
activities
Number of affected persons who know their entitlements
No of affected persons who have used the grievance redress procedure
No of resolved conflicts
Outcomes of resolved conflicts
Benefit monitoring
Comparison of pre- and post project patterns of occupation, production and resource use
Comparison of pre- and post project income and expenditure patterns
Changes in key social and cultural parameters relating to living standards
Comparison of pre- and post project cost of living
Impact on vulnerable groups.
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Annex 2: Outline of a Resettlement Action Plan (RAP)
The sub- projects will prepare RAPs where required, taking account of the details provided in
this RPF, and including information to be obtained as necessary, to complement it.
Consultations with Stakeholders or their representatives should be employed to the maximum
possible extent throughout the processes of planning and implementation of resettlement.
As a minimum, the RAP should include:
Description of the sub- project;
Potential resettlement impact;
The number and categories of people affected;
Community participation i.e. consultations with and participation of the project-affected
persons and key Stakeholders in design and implementation of resettlement activities.
a matrix that shows – in the same terms as the RPF – the entitlements of the categories
of affected people;
a description of resettlement sites and programmes for improvement or restoration of
livelihoods and standards of living;
Special assistance to vulnerable persons affected by the project.
Institutional arrangements and processes for implementation and monitoring of the
RAPs.
The resettlement budget and implementation schedule.
The legal framework for implementation of resettlement and land acquisition
External and internal monitoring.
Grievance receiving channels and resolution mechanisms. Mechanisms for grievance
resolution should be accessible and affordable and will take into account the availability
of judicial recourse and alternative dispute resolution mechanisms.
Baseline census and socio-economic survey information on affected persons;
Insofar as possible, any further information that may be needed during Project implementation,
or the general issues that may need to be supplemented due to differing local conditions,
special situations or effects on people, etc, should be provided in the RAPs.
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