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Ministry of Basic and Secondary Education

Willy Thorpe Building

Banjul _________________________________________________________________

DRAFT ENVIRONMENTAL AND SOCIAL AUDIT REPORT ON THE

IMPLEMENTATION OF THE THIRD EDUCATION PROJECT AND EFA-

FTI CATALYTIC FUND

PART 2 – THE RESETTLEMENT POLICY FRAMEWORK

One of the newly constructed staff quarters

Bolong L. Sonko

Consultant

August 2013

RP424 V2

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TABLE OF CONTENTS

SECTION PAGE

LIST OF ACRONYMS-------------------------------------------------------------------- IV

EXECUTIVE SUMMARY---------------------------------------------------------------- V

1.0 INTRODUCTION------------------------------------------------------------------ 1

2.0 PROJECT BACKGROUND----------------------------------------------------- 1

3.0 OBJECTIVES OF THE AUDIT ----------------------------------------------- 1

4.0 METHODOLOGY----------------------------------------------------------------- 2

5.0 POLICY AND REGULATORY FRAMEWORK FOR LAND

ACQUISTION AND INVOLUNTARY RESETTLEMENT-------------- 2

5.1 Land Administration-------------------------------------------------------- 2

5.2 World Bank Safeguard Policies------------------------------------------- 4

5.3 Comparative Analysis of Gambian Laws with World Bank

Safeguard Policy OP4.12--------------------------------------------------- 4

5.4 Guidelines of the Resettlement Policy Framework--------------------- 5

6.0 FINDINGS---------------------------------------------------------------------------- 6

6.1 Lack of Compliance with Basic Requirements of RPF---------------- 6

6.2 Disclosure and Awareness of the Safeguard Instrument--------------- 6

6.3 Land Acquisition------------------------------------------------------------ 7

6.4 Compliance with National Laws------------------------------------------ 7

6.5 Compliance with World Bank Safeguard Policy----------------------- 7

6.6 Other Findings----------------------------------------------------------- 7

7.0 CONCLUSION AND RECOMMENDATIONS------------------------------ 10

iii

ANNEXES

Annex 1: Assessment forms/Discussion Points--------------------------------------- 9

Annex 2: List of Persons Contacted---------------------------------------------------- 12

Annex 3: Photo Gallery of Some Sites Visited---------------------------------------------- 14

Annex 4: Bibliography-------------------------------------------------------------------- 16

Annex 5: Terms of Reference for an Environmental and Social Audit of the

Implementation of the Third Education Project and the EFA-FTI

Catalytic Fund-------------------------------------------------------------------- 17

iv

ACRONYMS AND ABBREVIATIONS

1. EFA - Education For All

2. EFP - Environment Focal Point

3. EIA - Environmental Impact Assessment

4. EMP - Environmental Management Plan

5. ESIA - Environmental and Social Impact Assessment

6. ESMF - Environmental and Social Management Framework

7. FIOH - Future In Our Hands

8. FTI - Fast Track Initiative

9. GAMWORKS - Gambia Agency for Public Works

10. GEAP - Gambia Environment Action Plan

11. IDA - International Development Association

12. MoBSE - Ministry of Basic and Secondary Education

13. MOHERST - Ministry of Higher Education, Research, Science and Technology

14. NAWEC - National Water and Electricity Company

15. NEA - National Environment Agency

16. NGO - Non Government Agency

17. PAP - Project Affected Persons

18. PCU - Projects Coordination Unit (Ministry of Basic and Secondary Education)

19. RAP - Resettlement Action Plan

20. RPF - Resettlement Policy Framework

21. STI - Science and Technology Innovation

22. WB - World Bank

v

EXECUTIVE SUMMARY

The present study is the Social Audit Report on the implementation of the Third Education Project and

the EFA- FTI Catalytic Fund. The Report deals with land acquisition and involuntary resettlement

matters.

The Government of The Gambia, through the Ministry of Basic and Secondary Education (MoBSE), has

been implementing the Third Education Sector Project with financing from International Development

Association (IDA) and the Education For All-Fast Track Initiative (EFA- FTI) Catalytic Fund. The main

Project objective is to improve the conditions for teaching and learning in basic education by: (i)

improving performance of students, teachers and schools; (ii) strengthening capacity building and

performance management, and enhancing monitoring and evaluation; and (iii) continuing expansion of

effective access to under-served communities.

The three main components of the Project were: (i) Improving the conditions for teaching and learning;

(ii) Strengthened capacity building, performance management, and monitoring and evaluation; and (iii)

Expansion of Effective Access. The project activities that could potentially trigger the environmental and

social safeguards are the civil works under Component 3

An initial environmental assessment has placed the project in Category B. As the specific subproject sites

were not identified at the time of appraisal an Environmental and Social Management Framework

(ESMF) and a Resettlement Policy Framework (RPF) were prepared to evaluate the potential

environmental and social impacts of the project. According to these safeguard instruments all

infrastructural subprojects are to be screened before implementation starts and where the results indicate

adverse impacts, mitigation measure should be developed to reduce, minimise or prevent the negative

impacts. In cases of major negative environmental impacts the ESMF recommended a separate

Environmental Impact Assessment (EIA).

The objectives of the audit are:

i. Verify compliance with legal provisions, including compliance with national legislation and

safeguards policies and procedures of the World Bank;

ii. Identify and manage knowingly cases of non-compliance of said safeguard instruments;

iii. Improve communication on the management of the project safeguard requirements;

iv. Assess the environmental and social performance of compensatory/mitigation measures

recommended by different studies. That is, the Environmental and Social Management

Framework (ESMF) and the Resettlement Policy Framework (RPF), that have been prepared to

guide the implementation of the projects on environmental on safeguards grounds.

vi

A. FINDINGS

The findings of the study are based on interviews, discussions and site visits.

Appreciation of the Local Communities for the Project

The communities expressed very deep appreciation for the schools which are having a lot of positive

impacts on their lives. These include increased access to education particularly for the poorer and distant

communities and having children closer to home whilst going to school, an important factor in

considering girls education. The facilities also provided healthier and safer environment for learning

through the provision of safe drinking water and hygienic toilet facilities with separate ones for each of

the sexes.

Land Acquisition for the Schools

In many cases, construction took place on land already owned by the school although, in a few cases, land

was obtained from the community. In all cases where land was given by the community it was given

voluntarily sometimes as a way of attracting Government sponsorship for the school. There is a high

demand for education in all the places visited and a strong desire to have children go to school as close to

home as possible especially for the lower basic cycle.

The land given by the community could be community land reserved for such general purposes, as in the

case of Tintinto village (Region 2) or it could be land belonging to the alkali or a member of his family as

in the case of Nioro Jattaba (Region 4) and Sare Samba (Region 6) or individual members of the

community who happen to own land in an area suitable for a school or staff quarters as in Sare Gubu

(Region 6).

Compliance with National Laws

Although the RPF was not complied with there were no cases of breaking Gambian laws because there

was no compulsory acquisition. In all cases relating to land there was ample consultation among the

community members and between the community and MoBSE. In most cases, in keeping with the

procedure for obtaining a Government school, the community is required to start the school on its own

first in order to assess its sustainability before Government takes it over. The issue of land is therefore

resolved at the community level before the Government’s intervention. Where land is donated, it is done

so without any request for compensation, either in kind or in cash. In the discussions during the field

visit, all those who gave land said they had done so for the benefit of the community without seeking any

compensation either in kind or in cash.

Compliance with the WB Safeguards Policies and Procedures

The infrastructural programme of the Third Education Sector Programme was the subject of a

resettlement policy framework which was prepared in 2006. The project is therefore in conformity with

the World Bank safeguard requirements OP4.12 Resettlement Policy Framework. However, the

vii

subprojects were not screened.

The small size of the infrastructure works in the sites visited did not, however, generate any major

negative social and economic impacts because most of the construction took place in existing school

premises or on land provided by the community. Besides the loss of land no major negative social and

economic impacts were generated in terms of relocation, loss of livelihood or access to economic assets.

Consequently safeguard instrument OP 4.12 was not triggered by the construction works. In all the sites

visited there was no objection or counterclaim for the land allocated.

Other Findings during the Visit

During the field visit some cases came up where unoccupied land belonging to the school was used for

farming by some members of the local community. Such practices are based on a local agreement with

the school administrators and they help to keep the school grounds tidy and free of weeds, rodents and

snakes while the school is out of session during the rainy season. One such case relates to Tallinding

Annex Upper Basic School where some women from the community are allowed to grow rice in

the unoccupied grounds of the school compound based on a local agreement that allows them to

grow rice as long as they wish with no intention to deprive them of their livelihoods.

In some of these cases the communities use part of the harvest to contribute to the school feeding of the

children when the school is back in session or, if any of the harvest is sold, they give some of the

proceeds back to the school.

Cases of encroachment on land already allocated to schools also came up in places such as Madina

Kunkunding Lower Basic and in Old Yundum Lower Basic where part of the land belonging to the

school was reallocated by the community for other uses.

B. CONCLUSION AND RECOMMENDATIONS

Although the project did not create any negative social and economic impacts it is recommended that:

1) Future projects fully comply with the RPF guidelines to ensure that all new subprojects sites are

properly screened;

2) The Ministry should formally acquire and record all land that is assigned to the schools

before school construction. Such documents should have the signature/thumb print of the

Alkali and three community leaders including the representative of the kabilo/family giving the

land. Once the land has been acquired it should be clearly demarcated by fencing.

3) It is further recommended that all lands belonging to schools in The Gambia should have the

ownership status fully documented by the issuance of a certificate of ownership to help prevent

viii

any disputes in future, particularly in the rapidly growing peri-urban areas and provincial growth

centres. Copies of such documents should be deposited at the school, the Regional Directorates

and at the Ministry of Basic and Secondary Education.

4) The practice of allowing members the community to farm on the unoccupied lands of the school

should be allowed to continue as it is beneficial to both parties. However, in the urban and peri-

urban areas such as in Tallinding Annex the school administration may wish to have this

informal agreement between the women and school to be in writing, with an opt out clause by the

school should they decide to expand sometime in the future and need the available land for

another purpose.

_______________________________________

ix

ACKNOWLEDGEMENTS

The Consultant wishes to express gratitude to all the staff of the Ministry of Basic and Secondary

Education notably:

Mr. Baboucarr Boye – Permanent Secretary;

Mr. Sheriff Yunus Hydara – Manager, Projects Coordination Unit,

Mr. Ebou S. Gaye- Construction Manager,

Mr. Addison Gomez- Quantity Surveyor,

Mr. Sulayman Jarju- Construction Monitor, Region 6

Mr. Musa Jassy- Construction Monitor, Region 2

Mrs. Fatoumatta Ceesay, Principal, Tallinding Upper Basic School

for their invaluable support and assistance.

1

1.0 INTRODUCTION

The present study is the second part of the Environment and Social audit report on the implementation of

the Third Education Project and the EFA- FTI Catalytic Fund. The Report deals with land acquisition and

involuntary resettlement matters.

2.0 PROJECT BACKGROUND

The Government of The Gambia, through the Ministry of Basic and Secondary Education (MoBSE), has

been implementing the Third Education Sector Project with financing from International Development

Association (IDA) and the Education For All-Fast Track Initiative (EFA- FTI) Catalytic Fund. The main

Project objective is to improve the conditions for teaching and learning in basic education by: (i)

improving performance of students, teachers and schools; (ii) strengthening capacity building and

performance management, and enhancing monitoring and evaluation; and (iii) continuing expansion of

effective access to under-served communities.

The Project has three main components:

(i) Improving the conditions for teaching and learning;

(ii) Strengthened capacity building, performance management, and monitoring and evaluation; and

(iii) Expansion of Effective Access

The project activities that could potentially trigger the environmental and social safeguards are the civil

works under Component 3 which consisted of building and furnishing a total of 252 classrooms, 35 staff

quarters and 20 water points (8 boreholes and 12 concrete lined wells).

3.0 OBJECTIVES OF THE AUDIT

The present audit examines the extent of compliance with the provisions of the Resettlement Policy

Framework (RPF) in addressing the potential social and other negative impacts of the project. The

specific objectives of the audit are:

a) Verify compliance with legal provisions, including compliance with national legislation and

safeguards policies and procedures of the World Bank;

b) Identify and manage knowingly cases of non-compliance of said safeguard instruments;

c) Improve communication on the management of the project safeguard requirements;

d) Assess the environmental and social performance of compensatory/mitigation measures

recommended by different studies. That is, the Environmental and Social Management

Framework (ESMF) and the RPF, that have been prepared to guide the implementation of the

projects on environmental on safeguards grounds.

2

4.0 METHODOLOGY

The methodology consists of the review of relevant background documents (both print and electronic) and

consultations with the various stakeholders, field visits and a national workshop to review the draft report.

Copies of the tools used as guides in discussions and in the assessments are attached as Annex 1. The list

of the people contacted is in Annex 2.

5.0 POLICY AND REGULATORY FRAMEWORK FOR LAND ACQUISITION

INVOLUNTARY RESETTLEMENT

The RPF prepared a screening process to determine the land requirements of specific subprojects of the

Third Education Sector Project and spelt out the principles and procedures that will govern land

acquisition, compensation and economic assistance to project-affected persons (PAPs) in compliance with

the laws of the Republic of The Gambia and the World Bank Safeguard policy OP 4.12. Below is a

summary presentation of the relevant national laws and the World Bank Safeguard policy OP 4.12.

5.1 Land Administration in The Gambia

The Ministry for Local Government and Lands is the main Government agency responsible for land

administration in The Gambia. It is supported in this role by two key technical departments: the

Department of Lands and Surveys and the Department of Physical Planning and Housing. The former is

responsible for the survey, mapping and demarcation of national and international boundaries and

government layouts whereas the latter is responsible for ensuring the rational and equitable utilization of

the available land resources. In addition there is the Land Commission which, in co-ordination with

relevant public agencies and government institutions, manages lands vested in the state and provides

advice to the Minister on land matters.

5.1.1 Land Tenure in The Gambia

Land tenure in both the provinces and the state land areas fall under three main categories:

i. Customary;

ii. State Ownership;

iii. Leasehold; and

iv. Free hold.

Customary or traditional tenure is an interest or title which a member of the larger community acquires in

the communal land. It is an interest which is held as of right by virtue of being a member of the

community. The member who holds such interest has the right of beneficial occupation; unfettered use

(subject to the laws of the country). Upon death, the interest devolves on his/her successors in title ad

infinitum. This form of tenure is mostly prevalent in the Provinces.

State owned lands are public lands which have been specifically acquired by the government under an

appropriate enactment using the state powers of eminent domain. Currently the relevant legal instrument

3

is the State Lands Act of 1991, which provides for the compulsory acquisition for public purposes or in

the public interest. Under such ownership the rights become vested in the government which can then

proceed to dispose of the lands by way of leases, certificate of allocations etc. to the relevant beneficiary

state institutions as well as private individuals and organizations.

Lease hold tenure involves the execution of a lease between individual(s) and the Government/ District

Authority for a period of twenty one years for Provincial lands and ninety nine years in the state lands

area. It is an interest in land for a specified period. Various terms and conditions may be imposed by the

grantor including the payment of rent as consideration for the grant.

Free hold tenure is the highest form of ownership with no term limits and is only created by express grant

from the crown or the Government. It is a rare form of tenure which confers absolute ownership of the

land and it exist mainly in Banjul and the immediate suburbs.

5.1.2 Land Legislations

The main legislations relating to land administration in the Gambia are the State Lands Act 1991 and the

Lands (Provinces) Act, CAP 103. The former is the principal land legislation on all state lands and the

latter deals with provincial land administration. Under the State Lands Act 1991 the administration of all

state lands is vested in the Hon. Minister for Local Government and Lands. The Act covers lands in the

entire Kombo St. Mary as well the districts of Kombo North, South and Central all in West Coast Region.

All such lands are to be administered by the State ‘for the use and common benefit, direct or indirect of

the community in which such land is situated.’

The Lands (Provinces) Act Cap. 103 of the Laws of the Gambia vests all land in the Provinces in the

District Authority who will administer it for the use and common benefit of the communities.

With respect to land acquisition for public use the Act empowers the Minister to ‘acquire on behalf of the

State, any Provinces’ land for any public purpose for a term of years, paying such compensation or

consideration or compensation and consideration as may be agreed upon.’ This compensation will be in

addition to the land rent. The District Authority of the District where such land is situated may grant to

the Minister, on behalf of the State, a lease of such land for a term not exceeding twenty-one years. In the

case of lease hold lands compensation is to be paid when the land is to be compulsorily acquired for

public use.

Where the parties are unable to agree on the level of compensation the Act provides for a committee of

arbitration. The decision of the committee is final.

5.1.3 The Laws on Compulsory Acquisition

In addition to The Lands (Provinces) Act Cap. 103 and the State Lands Act 1991 the other relevant

national laws with respect to compulsory land acquisition, compensation and resettlement are the

following:

- The Constitution of the Republic of the Gambia 1997

- the Land Acquisition and Compensation Act 1991

4

These legal instruments provide compulsory acquisition in very specific circumstances. The Constitution

of the Republic of the Gambia 1997 provides for --- “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 public benefit;”

The Land Acquisition and Compensation Act 1991 provides the legal basis for the acquisition of property

by the state for public/ planning purpose. Section 3 of the Act provides that all land acquired under the

provisions of the Act shall be designated as state land and shall be administered under the provisions of

the State Lands Act 1991.

Where acquisition is to take place the Procedure consists of a survey team visiting each property to carry

out detailed survey and inspection to determine the legal boundary, owner(s) and improvements affected.

The collected data is recorded for analysis. Calculation of value for each affected property is carried out

based on the above parameters and other available best practices.

5.2 World Bank Safeguard Policy on Involuntary Resettlement

The World Bank Safeguard policy OP 4.12 explicitly requires that project affected persons (PAPs) who

are either displaced or suffer other losses (the loss of shelter, loss of assets or access to assets important to

production, the loss of income sources or means of livelihood), as a result of projects, need to be

protected against the risks of impoverishment. Livelihoods of persons affected must be preserved, but in

cases where this is inevitable, minimal displacements should occur. In instances where displacement is

unavoidable, compensation should be paid to PAPs to help them to restore their social, economic and

environmental livelihoods.

The Policy emphasizes the following principles:

Avoiding or minimizing involuntary land acquisition and resettlement, where feasible and

exploring all viable alternatives before resorting to involuntary resettlement.

Where involuntary resettlement and land acquisition is unavoidable, assistance and sufficient

resources should be provided to the displaced persons with the view to maintaining and/or

improving their standards of living, earning capacities and production levels.

Encouraging community participation in planning and implementing land acquisition,

compensation and/or resettlement, and provision of assistance to affected people regardless of the

legality of their land rights or their title to land.

5.3 Comparative Analysis of Gambian Laws with World Bank Safeguard Policy OP4.12

Although the Bank safeguards and the Gambian laws have many points in common there are, however, a

few important areas of difference. One such area is the category of PAPs that qualify for compensated.

The Gambian statutes make provision for compensation to be paid to only persons who have suffered any

loss and can produce any form of title that is legal in the form of deeds, leaseholds, or customary.

5

However the World Bank guidelines expect all forms of losses without exception to be catered for to help

the PAPs to restore their social, economic and environmental livelihoods.

Under Gambian law, it is the preserve of the minister to assess loss due to the resettlement either through

the Department of Lands& Surveys or through consultants but the World Bank OP 4.12, advocates the

involvement of the project affected persons to ensure that the project enjoys the full support of the Bank

and affected persons.

The Operational Policy advice that PAPs be assisted during their transition period in the resettlement site

and efforts made to restore their livelihoods whereas the Gambian laws are silent on that.

5.4 Guidelines of the Resettlement Policy Framework

The RPF gives responsibilities for screening to GAMWORKS and the project construction unit within the

PCU and their findings should be submitted to the regional education and local government authorities as

well as the central government authority. The Framework identified three main scenarios of land

acquisition for project development activities:

- Voluntary contribution of land in return for compensation;

- Voluntary contribution of land without seeking compensation; and

- Involuntary Acquisition of land.

The guiding principle for land acquisition shall be that where land is required for the subproject,

appropriate safeguards shall be observed to avoid or reduce the negative impacts of land acquisition on

the affected community members.

The responsibility of documenting all matters relating to the acquisition of land, the holdings and assets of

PAPs, the compensation and payment processes up to the level of the Project Coordination Unit is

entrusted to the environmental, social and resettlement focal point (ESRFP) which is an expanded

Environmental Focal Point referred to in ESMF with a membership consisting of the following:

a population specialist ( legal expert on displacement of peoples and laws on land tenure)

a rural economist,

a sociologist.

This body is required to work in close collaboration with the local population and organizations to ensure

that the resettlement and compensation agreements signed by PAPs are executed in a timely manner and

that the interests of the PAPs are protected.

Where disputes arise in the land acquisition process the RPF recommends the amicable resolution of these

grievances using traditional and customary avenues of conflict resolution. If all these avenues fail to

redress the grievance then the aggrieved party has the right to take the matter to the courts and in this

regard, “the Project is obliged to provide, in particular to vulnerable and disadvantaged groups, the

requisite assistance enabling them to present their case to such decision-making organs of government.”

According to the RPF the consensus view among the stakeholders is that no resettlement of populations

6

will be necessary although some insignificant loss of land may occur in some cases, notably in regions 1

and 2 and particularly in urban and peri-urban areas. With respect to these losses the RPF recommended

that appropriate measures be taken to mitigate the adverse social and economic impacts on the affected

persons and to ensure that they are not made worse off than before the project.

6.0 FINDINGS

The findings of the study are based on interviews, discussions and site visits. The list of the schools

visited is attached as Annex 2.

6.1 Appreciation of the Local Communities for the Project

The communities expressed very deep appreciation for the schools which are having a lot of positive

impacts on their lives. These include increased access to education particularly for the poorer and distant

communities and having children closer to home whilst going to school, an important factor in

considering girls education. The facilities also provided healthier and safer environment for learning

through the provision of safe drinking water and hygienic toilet facilities for each of the sexes.

6.2 Land Acquisition for the Schools

In many cases, construction took place on land already owned by the school although in a few cases, land

was obtained from the community. In all cases where land was given by the community it was given

voluntarily. Besides the loss of land no major negative social and economic impacts were generated in

terms of physical relocation, loss of livelihood or loss of access to economic assets. In all the cases that

came up land was given voluntarily as way of attracting schools to the communities. There is a high

demand for education in all the places visited and a strong desire to have children go to school as close to

home as possible especially for the lower basic cycle.

The land given by the community could be community land reserved for such general purposes, as in

Tintinto village (Region 2) or it could be land belonging to the alkali or his family member as in the case

of Nioro Jattaba (Region 4) and Sare Samba (Region 6) or to individual members of the community

whose land happens to be in the area identified for the subproject as in Sare Gubu (Region 6).

An important characteristics of the individual donor whether an alkali or an ordinary citizen is that they

usually belong to the founding families /clans of the village and therefore have access to a relatively

sizeable land which is not all in use. Enough land therefore exists to give to the community for communal

purposes. As a result the land acquisition did not create any negative social impacts.

In the urban and peri-urban areas the same norms exist although increased pressures on the land could,

sometimes, result in cases that could trigger the safeguards. In addition to the communities granting land

state institutions such as Social Security and Housing Finance Corporation provide, out of the land leased

to them by the State, portions to build social amenities and development projects such as schools, markets

and cemeteries. This is the case for Brusubi Lower and Upper Basic Schools.

7

6.3 Compliance with National Laws

Although the RPF was not complied with there were no cases of breaking Gambian laws. No recognised

negative impacts were created. In all cases relating to land acquisition there was ample consultation

among the community members and between the community and MoBSE. In most cases, in keeping with

the procedure for obtaining a Government school, the community is required to start the school on its own

first in order to assess its sustainability before Government takes it over. The issue of the land is therefore

resolved at the community level before the Government intervention. Where land is donated, it is done so

without any request for compensation, either in kind or in cash. So there was no case of compulsory

acquisition. In the discussions during the field visit, all those who gave land said they have done so

willingly for the benefit of the community and they were not seeking any compensation either in kind or

in cash.

6.4 Compliance with World Bank Safeguard Policy OP 4.12

The infrastructural programme of the Third Education Sector Programme was the subject of a

resettlement policy framework which was prepared in 2006. The project is therefore in conformity with

the World Bank safeguard requirements OP 4.12 Resettlement Policy Framework but the subprojects

were not screened as recommended by the RPF.

However, the small size of the infrastructure works in the sites visited did not have any major negative

social and economic impacts because most of the construction took place in existing school premises or

on land provided by the community. Besides the loss of land no major negative social and economic

impacts were generated. Consequently safeguard instrument OP 4.12 was not triggered. In all the sites

visited no objections or counterclaims for the land allocated were raised.

6.5 Disclosure and Awareness of the Safeguard Instrument

An important aspect of the RPF is the disclosure as well as the awareness of the instrument among the

stakeholders. It would appear that the RPF has not had adequate disclosure among all the stakeholders

and the general public which made it difficult for the stakeholders to assume their responsibilities fully

under the project.

6.6 Other Findings during the Visit

During the field visit some cases came up where unoccupied land belonging to the school was

used for farming by some members of the local community. Such practices are based on a local

agreement with the school administrators and they help to keep the school grounds tidy and free

of weeds, rodents and snakes while the school is out of session during the rainy season. One such

case relates to Tallinding Annex Upper Basic School where some women from the

community are allowed to grow rice in the unoccupied grounds of the school compound

8

based on a local agreement that allows them to grow rice as long as they wish with no

intention to deprive them of their livelihoods.

In some of these cases the communities use part of the harvest to contribute to the school feeding

of the children when the school is back in session or, if any of the harvest is sold, they give some

of the proceeds back to the school.

Cases of encroachment on land already allocated to schools also came up in places such as

Madina Kunkunding Lower Basic and in Old Yundum Lower Basic where part of the land

belonging to the school was reallocated by the community for other uses.

7.0 CONCLUSION AND RECOMMENDATIONS

Although the project did not create any negative social and economic impacts it is recommended that:

1) Future projects fully comply with the RPF guidelines to ensure that all new subprojects sites

are properly screened;

2) The Ministry should formally acquire and record all land that is assigned to the

schools before school construction. Such documents should have the signature/thumb

print of the Alkali and three community leaders including the representative of the

kabilo/family giving the land. Once the land has been acquired it should be clearly

demarcated by fencing.

3) It is further recommended that all lands belonging to schools in The Gambia should have the

ownership status fully documented by the issuance of a certificate of ownership to help

prevent any disputes in future, particularly in the rapidly growing peri-urban areas and

provincial growth centres. Copies of such documents should be deposited at the school, the

Regional Directorates and at the Ministry of Basic and Secondary Education.

4) The practice of allowing members the community to farm on the unoccupied lands of the

school should be allowed to continue as it is beneficial to both parties. However, in the urban

and peri-urban areas such as in Tallinding Annex the school administration should have this

informal agreement between the women and school in writing, with an opt out clause by the

school should they decide to expand sometime in the future and need the available land for

another purpose.

__________________________________________

9

ANNEX 1A:

STAFF MOBSE

QUESTIONNAIRE FOR THE ENVIRONMENTAL AND SOCIAL MANAGEMENT AUDIT OF

THE IMPLEMENTATION OF THE THIRD EDUCATION PROJECT: RESETTLEMENT

POLICY FRAMEWORK

Name of Official----------------------------------------------

a) Land Acquisition & Compensation

1. Was there any screening, before commencement, of the sub-project components to determine the

land requirements for infrastructure construction and related services? Yes/No

2. If yes, what was the outcome of the exercise?

3. If No, why?

4. Did the Sub Project components acquire any land? If yes, please specify for each SPC site

affected the total land acquisition and the type of acquisition.

5. Describe the ownership status of the land in question.

6. Was there any involuntary resettlement, loss of economic assets, and/or rehabilitation of people

involved?

7. Were non-titled persons (tenants, lessees, strange farmers, or other third party users) present on

the land?

8. Did the land in question require payment of compensation? If yes, what was the number of PAPs

and the nature of compensation?

9. Have the PAPs been fully compensated?

10. Where there any sensitive and endangered eco-system or habitat within 100m of the project site–

If yes, provide description of the area.

11. Has any land acquired by the subproject component restricted the use on adjoining land?

b) Public Consultation Process

1. How were the public consultations organized?

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c) Institutional Arrangements

1. The RPF refers to the establishment of an expanded project siting body referred to as the

environment, social and resettlement focal point (ESRFP), was such a body created? Yes/NO. If

no what was the reason and if yes, what is its current membership?

d) Monitoring

1. Was a monitoring plan in place to monitor the implementation of the land acquisition process?

2. The RPF gives the responsibility of monitoring to the PCU. Have any reports been prepared as

required?

3. The RPF calls for an annual evaluation to determine implementation of decisions particularly

payment of compensation. Have the PAPs been fully compensated? If not why?

4. Have independent monitors eg NGOs ever been engaged from time to time to validate

programme implementation?

e) Sensitisation & Training

1. Was any Prior sensitization of the communities at the level of conception of the projects enable

them understand and readily adhere to the Project undertaken by the Regional Environmental

Social and Resettlement Management Focal Points?

2. Was Training organized for the elected community and village cadres to enable them better

participate in screening of the projects?

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ANNEX 1B:

THE ENVIRONMENTAL AND SOCIAL MANAGEMENT AUDIT OF THE

IMPLEMENTATION OF THE THIRD EDUCATION PROJECT: RESETTLEMENT

POLICY FRAMEWORK

THEMES FOR FOCUS GROUP & INDIVIDUAL & DICUSSIONS

Land Acquisition

1. Did the Sub Project components acquire any land in the community for the school? If yes , please

specify the area affected and the total land acquisition

2. What was the land being used for before acquisition?

3. Has the acquisition restricted the use on adjoining land?

Land Ownership

1. Who owned the land in question?

2. Were non-titled persons present on the land?

3. Was there any involuntary resettlement, loss of economic assets, and/or rehabilitation of people

as a result of the acquisition?

Compensation

1. How was the land acquired?

2. Was any compensation paid for the land acquired? If yes, describe the nature and size of this

compensation?

3. Do you consider this compensation to be fair and adequate?

General Remarks

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ANNEX 2:

LIST OF PERSONS CONTACTED

1) Tintoto Lower Basic

Mr. Sambou Sowe- Alkali of TintintoVillage

Mr. Omar Bah- Community Elder

Mr. Alasan Bah- Community Elder

2) Nioro Jattaba Upper Basic

Alhaji Ebrima BAH – Alkali of Nioro Jattaba(owner of the land)

Mr. Alieu Bah- Community Elder

Mr. Cherno M. Bah- Youth Leader

Mr. Cherno Sillah- Site Manager for the Contractor

3) Sare Samba Lower Basic

Mr. Salif Ceesay- Youth Leader and Son of the Alkali of the village

Mr. Demba Ceesay- Community Elder (Owner of the land)

Mr. Tijan Bojang- Snr. Teacher Sare Samba Lower BASIC School

4) Choya Early Childhood Development School

Mr. Sorie jamanka- Alkali Choya Village (Owner of the land)

Mr. Toumani Jamanka- Imam

Mr. Demba Bah- Community Elder

Mr. Samba Bah- Community Elder

Mr. Samba Yeli Baldeh- Community Elder

5) Sare Gubu Lower Basic School

Mr. Yorro Barry- Community Elder (owner of the land)

Mr. Dawda Bah- Community Elder

Mrs. Ida Kebbeh- Head Teacher

6) Sare Jawbeh Lower Basic School

Mr. Sidiya Baldeh-Alkali Sare Jawbeh Village

Mr.Amadou Jallow- Head Teacher Srae Jawbeh Lower Basic

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7) Lebba Lower Basic

Mr. Samba Ceesay Deputy Head Teacher

Mr. Baboucar MBYE – Alkali of the village ( Owner of the land)

Hassum Ceesay- Alkai Njama Hainou man village and Member of Scholl committee

Mr. Mat Ceesay- Community Elder- Hainuman Village

8) Conteh Kunda Nijji Lower Basic

Mr. Salifu Jallow- Head Teacher

Mr. Musa\Nyimanding Conteh-Community Elder ( Owner Of the Land)

9) Gunjur Madina Kunkunding Lower Basic

Mrs. Mariam Jatta- Head Teacher

Mr. Ousman Jammeh- Contract Teacher

Mr. Fa Sulayman Toure- Alkali of Gunjur

Mr. Hassan Jatta- Community Elder

Mr. Seku Jatta- Community Elder

10) Tallinding Upper Basic School

Mrs Fatoumatta K. Sise, Principal

Mrs. Binta Jagne, Vice Principal

Mrs. Niorta Toure, Rice farmer

Mrs. Nato Yarbo, Rice Farmer

Mrs. Alamuta Camara, Rice Farmer

Mrs. Kunuba Jaiteh, Rice Farmer

Mr. Pa Sorie Sanneh, Chairman of the School Management Committee

Mr. Gibril Badgie, Deputy Alkali, Tallinding Sicap

Alhaji Janko Sonko, Deputy Alkali, Talinding Madina

Mr. Ebima Badgie, Youth Leader

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ANNEX 3

Photo Gallery of Some of the Sites Visited

Mr. Yoro Barry first from the left gave part of his land for staff quarters at Sare Gubu Lower Basic.

The land behind them also belongs to Mr. Barry.

Meeting with community leaders at Choya with the Construction Monitor Region 6

third from the left

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Tallinding elders with the Principal and the Vice Principal Tallinding Upper Basic

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ANNEX 4:

BIBLIOGRAPHY

1. Third Education Project Environmental And Social Management Framework, MoBSEE March

2006

2. The World Bank Operational Manuel Bank Procedures Environmental Assessment BP 4.01

January 1999-Revised in April 2013

3. The World Bank Operational Manuel Bank Procedures Environmental Assessment BP 4.01

Annex A January 1999 -Revised February 2011

4. Health care waste management plan 2005-2010, The Gambia

5. National Environment Management ACT 1994, The Gambia

6. Environmental Impact Assessment Procedures, Banjul, July 1999 The Gambia

7. Environmental Impact Assessment Guidelines, March 1990, The Gambia

8. State of the Environment – Report – National Environment Agency, Banjul February2010.

9. World Bank Supervision Mission Aide Memoire Ida/Gpe Pre-Appraisal Mission, Banjul,

10. Project Appraisal Document For A Proposed Catalytic Fund Grant In The Amount Of Us$ 28.0

Million To The Republic Of The Gambia For A Mach 23rd

- April 5th 2013 Education For All –

Fast Track Initiative Program- July 16, 2009

11. The Gambia Education Sector Review Aide memoire World Bank June 11-22 2012

12. Project Paper on a Proposed Additional Grant to the Republic of The Gambia for the Third

Education Sector Project in the amount of SDR 3.5 Million in Pilot CRW Resources (Us$ 5.5

Million Equivalent)to the Republic of The Gambia April 16, 2010

13. Project Appraisal Document on a Proposed Credit in The Amount of SDR 5.5 Million (Us$ 8

Million Equivalent)to the Government of The Gambia for a Third Education Project-Phase II

Project 30 May 2006

14. The International Finance Corporation December 1998 Procedure for Environmental and Social

Review of Projects

15. Constitution of the Republic of the Gambia, 1997

16. Lands (Provinces) Act CAP103

17. Land Acquisition and Compensation Act, 1991

18. State Lands Act,1991

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Annex 7

TERMS OF THE REFERENCE FOR AN ENVIRONMENTAL AND SOCIAL AUDIT OF THE

IMPLEMENTATION OF THE THIRD EDUCATION PROJECT and EFA- FTI CATALYTIC

FUND

1. BACKGROUND AND JUSTIFICATION

The Government of The Gambia, through the Ministry of Basic and Secondary Education (MOBSE), has

been implementing the third phase of its education program as well as the EFA FTI Catalytic Fund aimed

at improving educational standards throughout the country.

The Gambia’s education system has gone through various mutations over the years in response to

changing conditions and requirements of its population as well as the international context. In this regard

and in order to render the policy functional, a strategic plan was developed in order to:

Provide access to and high quality education for all,

Provide the appropriate services,

Ensure gender equity in education,

Provide life skills and

Promote the culture of life-long learning.

2. OBJECTIVES OF THE TERMS OF REFERENCE

These Terms of Reference (ToR) aim at selecting a consultant for the implementation of an

environmental and social audit (ESA) of the activities of the two ongoing projects. The objective of the

ESA is to assess and monitor compliance and environmental and social performance of the project.

The audit will enable to:

and safeguards policies and procedures of the World Bank;

-compliance of said safeguard instruments;

cial performance of compensatory/mitigation measures

recommended by different studies. That is, the Environmental and Social

Management Framework (ESMF) and the Resettlement Policy Framework (RPF), that have

been prepared to guide the implementation of the projects on environmental on safeguards

grounds.

The purpose of the social audit is to assess and monitor the compliance of projects with the

provisions contained in the RPF. The projects supported: : (i) Construction/rehabilitation in existing

schools premises, rehabilitation of classrooms to become elearning centers, (ii) Classrooms

construction/rehabilitation on new sites and teacher quarters. In the former scenario, cases of involuntary

resettlement seem rather unlikely. In the latter, there may be potential for involuntary resettlement, if its

proven that the construction site is not a communal land and that there is clear evidence that the project

activities may results in loss of assets, economic activities and/or livelihoods on the part of affected

people in the project intervention areas/zones. All of this will require further social assessment on

construction activities of that nature, followed adequate compensation measures, in accordance with the

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provisions and guidelines of the RPF. The audit will enable to:

the laws and regulations in force in the country and in accordance with the Resettlement Policy

Framework. The consultant will work in accordance with Policy 4.12 of the Bank's Involuntary

Resettlement of Populations;

(RAP) and the cause of non-compliance;

hat there are no complaints or unresolved disputes pending;

disclosure of information and consensus with agreed consultations proceedings;

ere are no complaints or potential conflicts pending and where they exist, evaluate the

resolution mechanism set up and schedule final resolution;

specifies the different scenarios to assist the Project Affected Persons (PAPs) in their efforts to improve

their conditions.

4. SCOPE OF THE CONSULTANT SERVICES

The services will mainly include:

• A description of the initial state;

• A very brief summary of the main activities of the projects (IDA Third Education Sector Program and

EFA FTI CF);

• The presentation of audit standards;

• The data collection;

• The data analysis;

• The development of two separate reports for each task, namely a report on the environmental audit and

another on social audit.

4.1 Description of the initial state

The consultant will strive to present a brief review of the initial state of the main sites affected by the

rehabilitation and reconstruction of school infrastructure funded by IDA and EFA-FTI. To this end, the

consultant will use the provisions of existing safeguard instruments, in this case the ESMF and RPF,

complemented by the Project Implementation Manuel (PIM).

4.2 Summary of project activities

The consultant will present the project activities according to the main implementation phases of the

works, with environmental and social impacts and to this end, he (s) / her (s) may refer to various project

performance reports and consider interviews with different stakeholders and witnesses of the project

implementation (member/staff of the PCU, contractors, the beneficiaries and the PAPs). References of

people met with the exact dates and the data must constitute annexes to the report.

4.3 Repository of the Environmental and Audit

The repository of the ESA is the basis of analysis criteria for drawing conclusions from the environmental

and social audit.

Taking into account the context of funding and implementation of the projects, the repository of the audit

will result from:

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- Reports of Studies of Social and Environmental Impact (This is the ESMF, CPR, site-specific ESIA,

ESMP and/or RAP);

- Monitoring reports by PCU etc.

- Advice and recommendations of the Ministry in charge of environment;

- Guidelines of OP 4.12 and OP 4.01of the World Bank guidelines;

4.4 Data collection

Data collection will allow the consultant to prepare the evidence to support the environmental and social

audit, it will be done through:

- A form/questionnaire for data collection;

- Interviews with people involved in the projects;

-Interviews with individuals and beneficiaries of compensation and evaluation of the consultation process

with the PAP;

- Field visits and observations;

- Measures or assessments of various environmental and social impacts of the projects;

- The various reports of incidents or complaints of the people;

- Mechanisms for handling complaints.

In general, the consultant will collect data or information about the projects area:

- The biophysical/ambient environment

- The socio-economic situation of affected populations;

- The various cultural sites, cultural heritage, historical sites etc.;

- Compensation Measures, training

- Communication and information on the progress of the projects

4.5 Analysis of data

The data collected will be analyzed by the use of appropriate tools to highlight among other aspects:

- The environmental and social compliance with the provisions of the ESMF and RPF;

- The non-compliances concerning the implementation of the ESMF and RPF:

o Opinions and recommendations of the ministry responsible for the environment; and

o Guidelines / procedures of the World Bank;

4.6 Conclusions of the Environmental and Social Audit

The findings of the Environmental and Social Audit include:

• A summary of compliance;

• A summary of non-compliance;

• A description of measures to remedy or mitigate the effects of non-compliance;

•An assessment of the costs of implementation of remedial measures with a timetable for implementation;

• A monitoring plan for repairs/ corrective actions/measures;

• Recommendations for measuring social impact mitigations, with detailed timeline with the roles and

responsibilities of stakeholders.

The reports will be prepared in accordance with various phases of the audit and shall contain a summary

of less than ten pages.

5. ORGANISATION OF THE STUDY

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5.1. Sponsor and monitoring

The sponsor of the Environmental and Social Audit is the Project Coordination Unit which is

coordinating the IDA and EFA-FTI projects. The various tasks of the ESA of the Audit will be monitored

and verified by the PCU, NEA. The NEA will comment on all reports of a temporary nature and guide the

implementation of the Environmental and Social Audit. The audit report is then submitted to the Bank for

review, comments and approval.

5.2 Duration and Reports

The overall duration of the audit should not exceed six (6) weeks

The consultant will provide the following reports for each task:

- Report preparation of the audit including:

o The description of the initial state,

o The recall of project activities,

o The reference of the audit;

- Report data collection in five copies;

- The data analysis and the findings of the audit in 3-4 copies

- The summary of the audit report by 10 + 5 CD.

The environmental audit report will be written in English.

6. OBLIGATIONS OF PROMOTER

In order to ensure successful completion of this audit, the PCU shall make available to the Consultant

plans and technical studies and all available information relating to the EFA-FTI and IDA project

activities.

7. OBLIGATIONS OF THE CONSULTANT

As part of the implementation of this audit, the Consultant will be required to comply with

confidentiality. They should do so, both during and after the mission it. Therefore, all information and

documents made available should be considered confidential.

8. COMPOSITION OF THE AUDIT TEAM

Achieving this environmental audit must be made by a team of a social specialist and a social specialist,

both of whom should be familiar with environmental audits approach and procedures, with recognized

experience in carrying out similar work in The Gambia.

6. OBLIGATIONS OF PROMOTER

In order to ensure successful completion of this audit, the Promoter shall make available to the Consultant

plans and technical studies and all available information relating to the projects.

7. OBLIGATIONS OF THE CONSULTANT

As part of the implementation of this audit, the Consultant will be required to comply with

confidentiality. Therefore, all information and documents made available should be considered

confidential.

8. COMPOSITION OF THE AUDIT TEAM

Achieving this environmental audit must, ideally, be made by a team of an environmental specialist and a

social specialist, familiar with the approach, guidelines and procedures of environmental and social

auditing, and with experience in carrying out similar work in the Gambia.

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9. CONTENT OF THE REPORT

The content of the report should include the following elements:

- The executive summary of the audit, in English;

- Introduction;

- The description of the site (environmental and historical context);

- The environmental action plan, including the plan of environmental management, and the plan of

emergency measures.

- The conclusions and recommendations;

- Recommendations for additional studies;

- Annexes:

o Terms of reference of the audit,

o List of persons interviewed/met,

o Names of the persons who carried out the audit;

o questionnaires for surveys and semi-structured interviews,

o Minutes of consultation meetings held with local communities and other stakeholders..

o Site location, drawings and photographs,

o Any other relevant information

10. DURATION OF THE ASSIGNMENT

The duration of the audit including field visits shall not exceed six weeks of service + 3-4 days of revision

and finalization of report after validation workshop with stakeholders.