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List of Acronyms

AER AMs BOST BP BRT CERSGIS C I DFR DUR EA EAR ECG ECOWAS EIA EIS E M P EMU EPA E P A A ESA ESAs E S M ESMF FC FSD GAMA GDP GHA GoG GPRS I GPRS I1 GPRTU GT G W C L HIV/AIDS

ILO LI MES MLGRDE M o H MOT MRT MTDP MTEF NDPC N E A P

Annual Environmental Report Acute Respiratory Infections Bulk Oil Storage & Transportation Company Bank Policy Bus Rapid Transit Centre for Remote Sensing and Geographic Information System Conservation International Department o f Feeder Roads Department o f Urban Roads Environmental Assessment Environmental Assessment Regulations Electricity Company o f Ghana Economic Community o f West Afr ican States Environmental Impact Assessment Environmental Impact Statement Environmental Management Plan Environmental Monitoring Unit Environmental Protection Agency Environmental Protection Agency Ac t Environmental and Social Assessment Environmentally Sensitive Areas Environmental and Social Management Environmental and Social Management Framework Forestry Commission Forest Services Div is ion Greater Accra Metropolitan Area Gross Domestic Product Ghana Highway Authority Government o f Ghana Ghana Poverty Reduction Strategy Growth and Poverty Reduction Strategy Ghana Private Road Transport Un ion (of the TUC) Ghana Telecommunications Company Ghana Water Company L imi ted Human Immuno-deficiency Virus/ Acquired Immune Deficiency Syndrome International Labour Organisation Legislative Instrument Ministry o f Environment and Science Ministry o f Local Government, Rural Development and Environment Ministry o f Health Ministry o f Transportation Ministry o f Road and Transport Med ium Term Development Plan Med ium Term Expenditure Framework National Development Planning Commission National Environmental Action Plan

NGO NMT OPD OSH PEA PER PLWAs PNDC PROTOA PWD RTTFP SEA SMTDPs STDs SVP TOR TSDP UEMOA URTI UTP V S B WB WD WHO WRC

Non-Governmental Organization Non-Motorised Transport Out Patient’s Department Occupational Safety and Health Preliminary Environmental Assessment Preliminary Environmental Report People Living with AIDS Provisional National Defence Counci l Progressive Transport Owners’ Association Public Works Department Road Transport and Transit Facilitation Program Strategic Environmental Assessment Sectoral Medium Term Development Plans Sexually Transmitted Diseases Southern Voltaian Plateau Terms o f Reference Transport Sector Development Program West Afr ican Economic and Monetary Un ion Upper Respiratory Tract Infection Urban Transport Planning Project Voltaian Sandstone Basin The Wor ld Bank Wi ld l i fe Division Wor ld Health Organisation Water Resources Commission

EXECUTIVE SUMMARY

Introduction

This Environmental and Social Management Framework (ESMF) wil l be used for the Transport Sector Development Program (TSDP), but with focus o n road sector projects. The rationale for preparing the ESMF i s as follows:

0 The detailed designs o f project road operations are yet to be carried out, consequently, the impacts are not known;

0 The bulk project roads to be financed under the TSDP are yet to be identified;

0 The Ministry o f Transportation (MOT) found it useful to have a pol icy document establishing principles and procedures that wi l l govern the mitigation o f adverse environmental and social impacts induced by the TSDP road project operations, t o share with various stakeholders in the road transport sector.

The Transport Sector in Ghana accounts for 9% o f the country’s GDP and i s l inked up with the economic sector with respect to macro-economic development and also addresses conditions o f rural equity. Consequently transport improvement has been defined by the Ghana Poverty Reduction Strategy (GPRS) as an integral component for opening up o f the country for productivity and hence poverty reduction. The fundamental pol icy objective o f the Ministry of Transportation therefore i s to establish an efficient, modally complementary and integrated transport system.

The Transport Sector i s made up mainly o f road transport, marit ime and water transport, c iv i l aviation and rai l . Road transport i s the major carrier in Ghana’s land transport system, currently taking up about 98% o f freight and 95% o f passenger traffic. The Road infrastructure implementing sector i s managed by the Ghana Highway Authority (GHA), Department o f Feeder Roads (DFR) and the Department o f Urban Roads (DUR), under the MOT.

The ESMF provides a corporate environmental and social safeguard pol icy framework, institutional arrangements and capacity available to identi fy and mitigate potential safeguard issues and impacts o f each sub-project. With the use o f the ESMF, national and local environmental and social requirements o f the LI 1652 for any affected community and entity wi l l be met. This wil l also be consistent with the OP4.01 and OP4.12 and other applicable safeguard provisions o f the Wor ld Bank. The ESMF also represents a statement o f policy, guiding principles and procedures o f reference with focus on the road sector projects, agreeable to a l l key stakeholders such as the EPA, the Wor ld Bank, MOT and the implementing Agencies.

Existing Policy, Legal and Administrative Frameworks

The fol lowing national and Wor ld Bank environmental policies, legal and administrative frameworks were used as reference in the preparation o f the ESMF.

Ghana’s Environmental Policy, which defines a set o f pol icy and other actions that wil l make Ghana’s development strategy more environmentally sustainable.

The Environmental Protection Agency A c t o f 1994 (Act 490) which grants the Agency enforcement and standards setting powers, as we l l as the power to ensure compliance with EA requirements and procedures for proposed as we l l as existing undertakings.

The Environmental Assessment Regulations (LI 1652), and EIA procedures which combine both environmental assessment and environmental management systems. The regulations prohibit commencing an “undertaking” without pr ior registration and environmental permit, and define the relevant stages o f the procedures for EA. The environmental management system includes Environmental Management Plan, Environmental Certification and Annual Environmental Report.

The Wor ld Bank’s safeguard policies which include guidance o n EA requirements - Environmental Assessment (OP4.0 l), and also the Involuntary Resettlement (OPIBP 4.12), Forestry (OP/BP 4.36), and Management o f Cultural Property (OPN 11.03).

The Ghana Poverty Reduction Strategy (GPRS I) and the Growth and Poverty Reduction Strategy (GPRS II), which are the framework sequence o f policies and development strategy programs and projects to facilitate macro-economic stability, sustainable growth and poverty reduction, among others.

Road Sector Policy and Infrastructure

The Road Sector Development Program (RSDP) i s for a five-year period (2002 - 2006/7), and aimed at improving the condition o f the roads in Ghana. I t s development objective i s to achieve sustainable improvement in the supply and performance o f roads and road transport services in a regionally equitable manner. Roads constitute the predominant mode o f transportation for both passenger and freight services.

The Policy objectives include issues on: capacity development; sustainable funding; sound economic and environmental principles; operational efficiency o f the road network; integration o f road network with other modes o f transport; development o f safety programs; mitigation o f negative environmental and social impact o f roads and related activities.

Besides the key road sector institutions o f GHA, DFR and DUR which operate under the MOT, there are other institutions whose functions relate to road sector activities, project corridor selection and management, and project approval. These include the lead environmental regulator - the EPA; the resource management institutions such as the Water Resources Commission, and Wi ld l i fe Div is ion and Forest Services Div is ion o f the Forestry Commission; and the utility/service providing institutions, which include the Electricity Company o f Ghana, Ghana Water Company and Ghana Telecommunications Company.

The Transport Sector Policy and Program

The road sector, in spite o f the on-going RSDP has a range o f problems. These include traffic congestion and inadequate maintenance, improvements and implementation o f traffic control devices, among others. The RSDP comes to an end in December 2007 and wi l l be replaced by the Transport Sector Development Program (TSDP). All new projects under preparation wil l be executed under the TSDP after 2007. The fundamental pol icy objective o f the transport sector i s to establish an efficient, modally complementary and integrated transportation network for the movement o f goods and people at the least possible cost.

The TSDP includes various road projects, some o f which have been identified. Three o f the projects identified are:

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The Road Transport and Transit Facil itation Program (RTTFP); The Urban Transport Planning Project (UTP); and The Abidjan - Lagos Transport and Transit Facilitation Project (ALTTFP).

These projects include multiple sub-projects to be identif ied and assessed later, during detailed design. All these will be implemented using the ESMF as a basis for addressing any safeguards policies and concerns f rom pre-feasibility to post construction stages o f the project implementation cycle.

Description of Baseline Conditions

The natural resources that usually have relevance to road projects include water resources, wi ldl i fe and biodiversity resources, coastal resources and air quality. In terms o f water resources, three major drainage systems exist in Ghana. These are the Volta systems, south western river system and the coastal river system. Over 90 lagoons and associated wetlands mainly coastal are found in Ghana.

The wildl i fe and biodiversity resources comprise a diverse array o f species including several o f conservation concern. Over 3,600 plant species, representing the three major taxonomic groups can be found in Ghana. Several culture resources occur, including many sacred grooves and shrines, religious artefacts and places o f worship, cemeteries, etc. People tend to have emotional attachment and sensibil i ty to these places and objects. The topography and landscape consist o f forests dissected plateau, savannah high plains, voltaian sandstone basin, ridges and escarpments. The total surface area o f Ghana, including the area occupied by water bodies i s 238, 539km2. The area has various land uses, including agriculture, forestry and wildl i fe reserves.

Ghana has ten administrative regions. Land i s governed by pieces o f legislation relevant in the consideration o f land tenure and acquisition. These include:

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The Administration o f Lands Act, 1962 (Act 123); State Lands Act, 1962 (Act 125); State Lands Regulations 1962 (LI 230); State Lands (Amendment) (No. 2) Regulations 1963 (LI 285); Lands (Statutory Way Leaves) Act, 1963 (Act 186); and Office o f the Administrator o f Stool Lands Act, 1994 (Act 481).

The climate o f Ghana has been classified into four ma in climate regions, the South- Western Equatorial, Dry Equatorial, Wet Semi-Equatorial and Tropical Continental (savannah) Climatic Zones.

Potential Environmental and Social Impacts

Guidelines for route and corridor selection and general screening have been included in the ESMF for the TSDP (Road Sector). These are based o n the environmentally sensitive areas l i s t (Schedule 5) o f the LI 1652.

Beneficial impacts o f the Road Sector/TSDP include specific and general impacts. The ESMF provides for environmental and social issues common to road sector activities and their potential degree o f significance.

Environmental and Social Mitigation Principles

The ESMF offers options available and principles for preventing, min imiz ing or managing various environmental and social impacts as an integral part o f road project planning and management. The Appendix 8 provides a summary o f road project impacts, potential sources o f these impacts and corresponding mit igation principles that may be used.

ESMF Implementation and Management

The ease o f the ESMF utility to enhance the performance o f the sector and related institutions has been taken into account. The figure 8.1 illustrates the environmental and social planning and management for a typical road sector project. Figures 8.2 and 8.3 also give the procedures for the environmental and social planning and management o f road projects that are subject to Sectoral EA and EIA respectively. Tables 6.1 and 6.2 give the Road Sector Sensitivity Screening Criteria that facilitate screening o f projects within the MOT and the implementing agencies.

Some general principles that will be observed in the implementation o f the E S M F are provided. These include the road sector workplace H IV /A IDS programs, air quality management, soil quality management, water resource management and noise abatement.

TRANSPORT SECTOR DEVELOPMENT PROGRAM

ROAD SECTOR

RESElTLEM ENT POLICY FRAMEWORK JANUARY 2007

Presented by

A L I C E ADDAI -YEBOAH (SOCIOLOGIST) T e l . 0 2 4 4 5 7 1 4 7 4

Owiaba2001@yahoo.com

TABLE OF CONTENT

LIST OF ACROMYNS .................................................................................................................. 3 EXECUTIVE SUMMARY ............................................................................................................ 5

1 . 0 2.0 3 . 0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0

Background and Objectives ............................................................................................ 5 Operational Procedures.. ................................................................................................. 5 Legal Framework ............................................................................................................ 7 Institutional Framework. ................................................................................................. 7 Assessment o f Project Affected Persons ......................................................................... 7 Organisational Procedures for Delivery o f Entitlements ................................................ 8 Valuation Procedures ...................................................................................................... 8 Sources o f Funding ......................................................................................................... 9 Consultation and Participation ........................................................................................ 9 Monitoring and Evaluation ............................................................................................. 9

. . .

Disclosure o f Social Safeguard Instruments ................................................................... 9

2

LIST OF ACRONYMS

CEPS

CHRAJ

DFR

DUR

ECOWAS

EPA

GC

GHA

GPHA

GoG

HIV /A IDS

LVB

MOT

MRT

NGO

OP

PAPS

RAPS

W F

RTTFP

RSDP

TCPD

TSDP

UEMOA

U T P

WATTFP

Customs Excise and Preventive Service

Commission for Human Rights and Administrative Justice

Department Feeder Roads

Department o f Urban Roads

Economic Community O f West Af r ican States

Environmental Protection Agency

Grievance Committee

Ghana Highway Authority

Ghana Ports and Harbors Authority

Government o f Ghana

Human Immuno-deficiency Vi rudAcqui red Immune-Deficiency

Syndrome

Land Valuation Board

Ministry o f Transportation

Ministry o f Roads and Transport

Non Governmental Organisation

Operational Procedures

Project Affected Persons

Resettlement Action Plan

Resettlement Policy Framework

Road Transport and Transit Facil itation Program

Road Sector Development Program

Town and Country Planning Department

Transport Sector Development Program

West Afr ican Monetary Un ion

Urban Transport Program

West Afr ican Transport and Transit Facil itation Program

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I ALTTFP I Abidjan-Lagos Transport and Transit Facilitation Project

SIA

BP

LI

Social Impact Assessment

Bank Policy

Legislative Instrument

I OD

IDA

1 Operational Directive

International Development Association

PPD

1 EMU 1 Environment Management Unit

Policy Planning Division

1 PWD 1 Public Works Department

1 ROW 1 Right ofWay

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EXECUTIVE SUMMARY

I .O Background and Objectives

The RPF is an update of the ResettlemenffCompensation Policy prepared for

the Road Sector Development Program in 2000. The main objective of the

RPF is to clarify the policies, principles and procedures that will govern the

mitigation of adverse social impacts induced by the TSDP road project

operations. The rationale for preparing the RPF is that: a) detailed designs of

road operations are yet to be carried out, consequently, the impacts are not

known. b) The bulk project roads to be financed under TSDP have yet to be

identified. c) The Ministry of Road Transportation found it useful to have a

policy document establishing principles and procedures that will govern the

mitigation of adverse social impacts induced by the TSDP road project

operations, to share with various stakeholders in the road transport sector.

The Resettlement Policy Framework (RPF) covers the following themes:

0 Operational Procedures

0 Legal Framework

0 Institutional Framework

0 Assessment of Project Affected Persons

0 Eligibility Criteria and Establishing of entitlements

0 Valuation Procedures

0 Sources of Funding

0 Consultation and Participation

0 Monitoring and Evaluation and

0 Disclosure of Social Safeguards Instruments

2.0 Operational Procedures

To ensure that best practices in resettlemenffrehabilitation operations are

adopted for the TSDP road sub-sector projects, the Ministry of Transportation

and its agencies will follow procedures consistent with the World Bank

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operational policies OP 4.12 during all the phases of the project (i.e.

identification, preparation, implementation, monitoring and evaluation). This

means among others that baseline surveys and a social impact assessment

will be carried out based on which a resettlement action plan (RAP) will be

prepared and sent for approval by the World Bank.

Following World Bank policy (OP 4.1 2 paragraph 2), quoted below, project

designs will be reviewed to avoid or minimize involuntary resettlement where

possible. Project affected persons will be consulted and enabled to participate

in the planning, implementation and monitoring of the resettlement.

The World Bank operational policies OP 4.12 states in paragraph 2: (a) lnvoluntary resettlement should be avoided where feasible, or minimized, 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 the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) 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 revailing prior to the beginning of project implementation, which ever is higher. - P

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3.0 Legal Framework

This section addresses all legal frameworks that the RPF needs to comply

with. These are the laws of the Republic of Ghana and the Funding Agency,

which is the World Bank.

The laws of the Republic of Ghana governing land acquisition are largely

consistent with the World Bank policy on payment of compensation for lost

assets. Minor inconsistencies identified in the rate and timing of compensation

payment will be addressed by adhering to the Bank’s policy of paying

compensation at full replacement cost, prior to the beginning of civil works,

offering resettlement assistance and recognizing all affected groups including

tenants and squatters.

4.0 Institutional Framework

Section 4 of the RPF addresses the institutional arrangements available to

implement the resettlement operations associated with the TSDP. The

Ministry of Transportation and its implementing agencies: Ghana Highway

Authority (GHA), Department of Urban Roads (DUR) and the Department of

Feeder Roads (DFR) have the ultimate responsibility for the mitigation of

adverse project effects. They will identify safeguard issues associated with

particular road projects, prepare and implement Resettlement Action Plans to

address the adverse impacts. They will also coordinate the roles of other

statutory bodies participating in the resettlement/rehabilitation operations such

as Land Valuation Board (LVB), Ministry of Finance and Economic Planning,

Ministry of Local Government and Rural development and Utility agencies.

5.0

An estimated three thousand and twenty five persons (3,025) are expected to

be affected under the programmes covered by the RPF. This estimate is

based on experience from the RSDP and will be reviewed when all the project

roads have been selected. A census/ socioeconomic survey will be

Assessment of Project Affected Persons

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undertaken to obtain the total number, categories and needs and preferences

of PAPs as part of the preparations. This will inform the choice of

resettle m ent/com pe nsation options and he1 p est i mate com pe nsat i on cost.

6.0 Organisational Procedures for Delivery of Entitlements

In order to effectively implement resettlement operations, this section of the

RPF defines the eligibility criteria noting that the criteria will be specified in

each RAP and cover any person who suffers loss of or damage to an asset or

loss of access to productive resources, as a result of the carrying out of any of

the road projects under the TSDP. Eligibility criteria will be informed by the

three criteria given in Clause 15 of the World Bank's Operational Policy 4.12:

o Those who have formal legal rights to land (including customary and

traditional rights recognized under the laws of the country);

o Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets - provided that such claims are recognized under the laws of the country or become

recognized through a process identified in the resettlement plan; o Those who have no recognizable legal rights or claim to the land they

are occupying.

7.0 Valuation Procedures

In order to satisfy PAPs, the valuation procedures of all assets to be affected,

as a result of the implementation of the programmes have been outlined in

section 7. The valuation of lost assets induced by the project will be

undertaken jointly by the Valuation Unit of GHA, Consultants and the Land

Valuation Board which is the statutory body mandated for valuation

associated with government projects. The basis of valuation would comply

with the stated legal provisions and this necessitates that the basis of

valuation must assess the "Open Market Capital Value" which will ensure that

compensation is paid at full replacement cost, in compliance with World Bank

Pol icy.

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8.0 Sources of Funding

Section 8 of the RPF presents preliminary estimate for the

resettlementhehabilitation operations associated with the TSDP as 3.5 million

US dollars and this will be provided by the Government of Ghana through the

Ministry of Finance and Economic Planning.

9.0 Consultation and Participation

To ensure effective participation of PAPs in resettlementhehabilitation

planning and implementation, section 9 of the document addresses the

consultation and participation of PAPs, indicating that persons affected by the

project, communities, NGOs and all stakeholders will be given opportunity to

participate in the resettlement/rehabilitation process. The specific

planslmechanisms for consultation and participation will be detailed in the

RAP and will include resettlement committees for PAPs and communities and

interagency committees for participating stakeholders.

10.0 Monitoring and Evaluation

The RPF underscores the importance of monitoring and evaluation of the

TSDP subprojects and highlights mechanisms for internal and external

monitoring in section I O . Internal monitoring of the resettlementlrehabilitation

process will be undertaken by the Ministry of Transportation and its agencies

following schedules itemized in the RAP, while external monitoring will be

done by the Environmental Protection Agency. World Bank supervision

missions will also serve as external monitoring mechanisms. Cost of

monitoring will be taken care of by individual implementing agencies or

stake hold e rs .

1 I .O Disclosure of Social Safeguard Instruments

The final section of the RPF (Section 11) addresses the issue of disclosure of

the RPF and RAPS. The Ministry of Transportation will disclose this RPF and

the RAPS by making copies available at its head office and those of the

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agencies in Accra and will make copies available to the local government

agencies and other stakeholders of the TSDP. The Government of Ghana will

also authorize the World Bank to disclose this RPF and other social safeguard

instruments electronically through its Info Shop.

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