rehabilitation of expressway no.1 section r7 and r8 … · 2019-04-03 · this report summarizes...

REHABILITATION OF EXPRESSWAY NO.1

SECTION R7 AND R8 CONTRACT TCP.CON.QCBS.R7 AND R8

LOAN NO. 8322-IQ

AN UPDATED RESETTLEMENT ACTION PLAN FOR

ENCROACHMENTS ON

R7 & R8

APRIL 1, 2019

Snoubra – Mme Curie St. - Mroueh Center - POB.14530 - 11052030 Beirut - Lebanon Tel: (9611) 353458 - Fax: (9611) 353459

E-mail: [email protected] Website: www. team-international.com

An Updated Resettlement Action Plan for Encroachments on R7 &R8

Republic of Iraq

Ministry of Construction and Housing

Issue Date: April 1, 2019

Reviewed By: AKI 2

TABLE OF CONTENTS

List of Abbreviations ............................................................................................................... 4

Glossary of Terms ................................................................................................................... 5 1. Introduction................................................................................................................... 6 2. DESCRIPTION ...........................................................................................................................6 3. rationale for RAP UPDATE .......................................................................................................7 4. Legal Framework ........................................................................................................................7 4.1 Eligibility ..................................................................................................................................8

5. Socio-Economic Profile of Project Affected People ..................................................................8 6. Summary of Entities Encroaching on the Row of R7 and R8 ...............................................10 7. Encroachments on the ROW of section R7 .............................................................................11 7.1 Unlicensed Entities ...................................................................................................................11

8. Encroachments on the ROW of section R8 .............................................................................12 8.1 Unlicensed Entities ...................................................................................................................12

9. Installing the fence and Guard Rail .........................................................................................13 10. Licensed Entities on The Row of Sections R7 &R8 ................................................................14 10.1 Gas Stations and Rest Areas ...................................................................................................14

10.2 Checkpoints ...............................................................................................................................14

11. Comparison of results of 2013 Baseline census with 2016 Survey ........................................15 11.1 Small Businesses ......................................................................................................................15

11.2 Licensed Gas stations ...............................................................................................................16

12. Prepartion of the Resttlement Action Plan .............................................................................16 12.1 Introduction ...............................................................................................................................16

12.2 Public Consultation Meetings .................................................................................................18

12.3 Safwan-Basra Public Consultations (R8) ..............................................................................18

12.4 Dhi Qar Public Consultations (R7) ........................................................................................27

13. Financial Compensation ...........................................................................................................29 14. Resettlement Areas and remedial measures ...........................................................................30 14.1 Budget ........................................................................................................................................33

15. Grievance Redress Mechanism ................................................................................................35 15.1 Procedural Steps According to 2013 RAP ............................................................................35

15.2 Resettlement Committees ........................................................................................................35

16. Institutional ARRANGEMENTS AND RESPONSIBILITIES ............................................36 17. IMPLEMENTATION SECHEDULE .....................................................................................37 18. Monitoring and Evalution ........................................................................................................38 19. Resettlement Audit ....................................................................................................................39 20. Annexes ....................................................................................................................................40 Annex 1: Google map for distribution of encroaching entities on R7 & R8 .................................... 40

Annex 2: List of Entities Encroaching on Section R7 with Choices of CompensationError! Bookmark not defined.

Annex 3: List of Entities Encroaching on Section R8 with Choices of CompensationError! Bookmark not defined.

Annex 4: Worship Places Encroaching on the ROW of R7&R8 .......... Error! Bookmark not defined.

Annex 5: Basra Public Consultation Attendance Sheets (R8) Jan 2018 Error! Bookmark not defined.

Annex 6: Basra Public Consultation Attendance Sheets (R8) Dec 2018 Error! Bookmark not defined.

Annex 7: Basra Interviews with Vendors Sheets (R8) February 27, 2019Error! Bookmark not defined.

Annex 8: Basra Interviews with Vendors Sheets (R8) March 4, 2019 .. Error! Bookmark not defined.


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Annex 9: Basra Interviews with Vendors (R8) March 13, 2019 ........... Error! Bookmark not defined.

Annex 10: Basra Interviews with Vendors Sheets (R8) March 20, 2019Error! Bookmark not defined.

Annex 11: Dhi Qar Public Consultation Attendance Sheets (R7) Jan 2018Error! Bookmark not defined.

Annex 12: Dhi Qar Public Consultation Attendance Sheets (R7) Dec 2018Error! Bookmark not defined.

Annex 13: Administrative Order to Form Dhi Qar Resettlement Committee (R7)Error! Bookmark not defined.

Annex 14: Administrative Order to Form Basra Resettlement Committees (R8)Error! Bookmark not defined.

Annex 15: Request from the MOCH to Redefine Limits of section R7 Error! Bookmark not defined.

Annex 16: PAPs Sample Commitment Forms for Evacuation of Shops Error! Bookmark not defined.

Annex 17: PAPs Sample Commitment Forms for Accepting Money CompensationError! Bookmark not defined.

Annex 18 Correspondence with GOI for Addition of Shops ............... Error! Bookmark not defined.

Annex 19: Typical Shop Safe Access – R8 ................................................................................. 41

Figure 1: Map showing the path of Expressway No.1 southern part .......................................... 7 Figure 2: Typical interchange for Expressway and service road connection ............................. 14 Figure 3: The consultation meeting with PAPs in Basra (R8)- January 2018 ............................ 19 Figure 4: The consultation meeting with PAPs in Basra (R8)- Dec 2018 ................................... 20 Figure 5: Basra Interview with Vendors Section (R8) February 27, 2019 ................................. 21 Figure 6:Basra Interview with Vendors Section (R8) March 13, 2019 ...................................... 23 Figure 7: Shop Owner Requesting Compensation ................................................................... 25 Figure 8:Example of mitigation measures............................................................................... 27 Figure 9:: The public consultation meeting with PAPs in Dhi Qar (R7)-Jan 31,2018 ................ 28 Figure 10:The public consultation meeting with PAPs in Dhi Qar (R7)- Dec 2018 .................... 29

Table 1: Monthly Income of Small Business Owners by Activity ............................................... 9 Table 2: Distribution of Entities Encroaching on the ROW of R7 & R8 ................................... 10 Table 3: Operational Status of Entities on the ROW of R7 ...................................................... 11 Table 4: Economic Activities of shops encroaching on the ROW of R7 .................................... 11 Table 5: Operational Status of Entities on the ROW of R8 ...................................................... 12 Table 6: Economic Activities of Shops encroaching on the ROW of R8 .................................... 12 Table 7: Houses constructed on the ROW of R8 ..................................................................... 13 Table 8: Comparison of Small businesses owners on R7 with the 2013 Census ......................... 15 Table 10 : Resettlement Areas Construction Budget ............................................................... 34 Table 11: Institutional Responsibilities for the Implementation of RAP ................................... 36 Table 12: Implementation Schedule of Social Safeguards Activities for PAPs .......................... 38


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List of Abbreviations

GOI Government of Iraq

GRM Grievance Redress Mechanism

MOCH Ministry of Construction and Housing

PAPs Project Affected Persons

PMT Project Management Team

RAP Resettlement Action Plan

RC Resettlement Committee

ROW Right Of Way


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GLOSSARY OF TERMS

Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected

by a project at the time the asset needs to be replaced.

Cut – off date: The date the enumeration begins. Persons occupying the project area after the cut-

off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets

(such as built structures, crops and trees) established after the date of completion of the assets

inventory or an alternative mutually agreed date will not be compensated

Displaced persons: Persons who are affected by the involuntary taking or clearing of land or

resulting in:

i. Relocation or loss of shelter

ii. Loss of assets or access to assets; or

iii. Loss of income sources or means of livelihood whether or not the affected persons

must move to another location.

Involuntary resettlement: Resettlement is involuntary when it occurs without the informed

consent of the displaced persons or if they give their consent without having the power to refuse

resettlement.

Project-affected person (PAPs): Any person who, as a result of the implementation of a project,

loses the right to own, use, or otherwise benefit from a built structure, land (residential,

agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset,

either in full or in part, permanently or temporarily.

Resettlement Action Plan (RAP): The document in which a project sponsor or other responsible

entity specifies the procedures that it will follow and the actions that it will take to mitigate

adverse effects, compensate losses, and provide development benefits to persons and communities

affected by an investment project.

Resettlement assistance: Support provided to people who are physically displaced by a project.

Assistance may include transportation, food, shelter, and social services that are provided to

affected people during their relocation. Assistance may also include cash allowances that

compensate affected people for the inconvenience associated with resettlement and defray the

expenses of a transition to a new locale, such as moving expenses and lost work days.

Stakeholders: Any and all individuals groups organizations and institutions interested in and

potentially affected by a project or having the ability to influence a project.

Vulnerable groups: People who by virtue of gender, ethnicity, age, physical or mental disability,

economic disadvantage, or social status may be more adversely affected by resettlement than

others and who may be limited in their ability to claim or take advantage of resettlement

assistance and related development benefits.


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1. INTRODUCTION

The World Bank has formed a loan financing agreement with the government of Iraq for

the rehabilitation of Iraq Transport Corridor Project Expressway No.1 sections (R7&R8).

Due to years of neglect and lack of proper maintenance, the Expressway suffers from

serious damages, and it also witnesses high rates of accidents due to high speed of cars.

This report summarizes the updated Resettlement Action Plan and impact of

rehabilitation activities of Expressway No. 1 on project affected people (PAPs) in

sections R7 and R8 (Al Batha, Um Unaij, Rumaila and Safwan). Relocation of

unlicensed small businesses encroaching on the –right -of-way (ROW) of the

Expressway will occur after resettlement areas are constructed to minimize livelihood

losses, and in accordance to the Resettlement Action Plan.

This Resettlement Action Plan aims to:

• Identify Project Affected People and the impact of the project on their livelihoods;

• define compensation entitlements (financial or alternative shops);

• develop an institutional framework that ensures compensation for PAPs;

• define an appropriate mechanism for the implementation of the resettlement process;

• define a monitoring mechanism to ensure the appropriate implementation of RAP.

On December 9, 2016, experts from Team International with support from the Ministry

of Construction and Housing, and Municipalities and Public works conducted a survey

of encroachment sites on section R7 and R8. Several field visits were carried out by the

Social expert from Team International to assess the socio-economic situation of owners

of small businesses, and to ensure that the updated RAP takes into consideration

possibilities of improvement of their standards of living. The survey found a total of 84

unlicensed encroaching entities1 on both sections R7 and R8. In addition to the survey,

individual interviews with shop owners and public consultations, meetings were also

held with respective mayors, relevant local authorities and government administration in

the area. All findings of the fieldwork are described in details in sections below.

2. DESCRIPTION

Section R7 of the expressway extends from Nasiriyah to Rumaila which is 145 km long,

and section R8, extends from Rumaila to Safwan 80 km long, with the addition of the

Rumaila-Basra road which is 32 km long to a total of 112 km. The total length of R7 and

R8 is 257 km long with three lanes in both directions separated by a 10m width island.

The width of the expressway is 15.5 meters in each direction, including 3 traffic lanes

and 2 standing lanes. It is mostly used by freight trucks, citizens and tourists because it is

a vital international road. The rehabilitation activities include maintenance of the road

and its structure, repair of damaged parts, installation of new barriers, installation of

fences on both sides of the expressway and installation of road furniture and signage to

ensure public safety.

1 The survey conducted in 2016 identified 134 entities/encroachers. However, due to the government’s decision to shift the

starting point of R7 by around 2 km, the number of encroaching entities has dropped to 84.


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Figure 1: Map showing the path of Expressway No.1 southern part

3. RATIONALE FOR RAP UPDATE

The 2013 RAP counted only 27 entities encroached on the ROW2 or within the inner

margins of the corridor (23 on R7 and 4 on R8). Since then, considerable increase of

encroachers on the right-of-way took place due to neglect and lack of law enforcement.

Therefore, the PMT was requested by the Bank to update the RAP for several reasons:

a. the old RAP was prepared and cleared by the Bank in Nov 2013 and the current status

has been significantly changed;

b. the original RAP included 8 segments (R4-R6 and R9-R13) which are not financed by

the Bank and neither are considered as associated facilities;

c. there is no clear timeline for the implementation of these 8 segments; and

d. the project development objectives will not be affected without implementation of

these segments. Thus, these 8 segments are no longer linked activities to the project.

4. LEGAL FRAMEWORK

A gap exists between GOI laws specifically Acquisition of Land Law No.12 of 1981 and

regulations and the Bank’s OP 4.12 in that national laws permit, in the interest of project

implementation, removal of individuals and entities deemed as encroaching on State land

without mitigation or compensation. National laws also do not require consideration of

alternatives to displacement of PAPs located on State land. Given the gap between GOI

laws and regulations and OP 4.12, the GOI has agreed that the Bank’s OP 4.12 will

2 ROW is 100m from the centerline of the corridor as defined by the National law of Iraq


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supersede national laws where there are evident gaps. Thus, the full principles of OP

4.12 will apply to all project activities and guide the preparation of this updated RAP.

The Government of Iraq has agreed and committed itself to applying the World Bank

Safeguards Policies and the requirements of the Involuntary Resettlement Policy OP4.12

which are:

- To avoid involuntary resettlement where feasible, or minimize it, exploring all viable

alternative project designs.

- To consult affected persons meaningfully and provide opportunities to participate in

planning and implementing resettlement programs.

- To assist displaced persons in their efforts to improve their livelihoods and standards of

living, or at least to restore them to pre-project levels irrespective of the legality of their

land tenure.

Social Safeguards Policies are designed to prevent and mitigate undue harm to people

directly or indirectly affected by project activities and enhance their livelihoods where

possible.

Other reference documents this report relied on:

- Resettlement Action Plan, Rehabilitation of Expressway No.1, Republic of Iraq,

Ministry of Construction and Housing, 2013.

- Environmental and social Impact Assessment Study, Rehabilitation of Expressway

No.1, Republic of Iraq, Ministry of construction and housing, 2013.

This project will follow the Bank’s disclosure guideline consistent with its safeguards

operational policies to include proper in-country disclosure of documents in a form and

manner appropriate to, and accessible to the local population. The intent is to make

safeguards documents available to all project stakeholders in their local languages, but

especially directly impacted populations. The RAP instrument will be cleared by the

Bank and will be disclosed and be made available widely for public access and

commentary.

4.1 Eligibility

Under this project, Project Affected People (PAPs) are all the small business owners

who were counted on the ROW of sections R7 and R8 of Expressway No.1 during the

Survey of Dec 2016, and the announced cut-off dates as of Dec 22 for R7, and Dec 24,

2016 for R8, they are entitled to either financial compensation or alternative shops in

new resettlement areas. The cut off dates are the dates when the survey ended in each

section and PMT addressed letters to the local authorities announcing the cutoff dates.

5. SOCIO-ECONOMIC PROFILE OF PROJECT AFFECTED PEOPLE

Small businesses encroaching on the ROW are mainly owned and run by families and

only a few of them employ workers. All owners of these businesses are men, and due to

socio-cultural factors, female family members do not partake in any of the activities and

services offered at these businesses. The total number of owners of small businesses is


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72 individuals; some of them own 2 or 3 shops constructed next to each other while a

few others are in partnership in one business.

Around 44% of these individuals are of low income; their average monthly income does

not exceed 300 USD which is only slightly higher than the minimum wage for unskilled

labor estimated at 210 USD3. Moreover, around 40% reported they were illiterate, and

the rest have only completed a few years of formal education. This is a significant

percentage given that the majority of owners of small businesses are less than 39 years

old.

All of the above-mentioned factors contribute to the vulnerability of this group. Their

livelihood clearly depends on these small businesses and they have limited chances of

finding employment in other sectors. To mitigate for the impact of resettlement on those

vulnerable groups, as well as the wider groups of PAPs, choice between the construction

of a resettlement area and a financial compensation were offered to each of the shop

owners as mitigation measures to choose from. Each owner specified his choice of

compensation during consultation meetings or later in individual interviews (see section

12 for detailed results). The offered resettlement alternative will support the PAPs to

resume their same economic activities either in the resettlement area, or for those who

chose financial compensation, in new areas they choose to relocate to away from the

Expressway. Those measures will allow both the vulnerable groups and other PAPs to

restore their livelihood.

Table 1 below, shows the average monthly income for owners of small business

according to economic activity.

Table 1: Monthly Income of Small Business Owners by Activity

Economic activity Average monthly income $

Food shop 300

Tire repair 750

Car Spare parts 700

Car oil 500

Car maintenance 600

Coffee shop 300

Water treatment station 1000

Desalinated water sale 400

Restaurant 500

Barber shop 300

3 Ministry of Labor and Social Affairs, 2015.


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6. SUMMARY OF ENTITIES ENCROACHING ON THE ROW OF R7 AND R8

According to findings of the survey of Dec 2016, a total of 84 unlicensed entities exist

on the ROW of sections R7 and R8 of Expressway No. 1. On section R7 (from Nassrieh

to Rumaila) 32 entities were found to be encroaching on the right-of-way, while 52 were

counted on section R8 (from Rumaila to Safwan and from Rumaila to Basra). Some of

these entities are small shops, restaurants, water treatment stations; some are worship

sites with a few abandoned or destroyed units.

On December 8, 2018, another survey was performed specifically for shops that were

previously identified in 2016 survey as either closed or abandoned in both sections R7

and R8 to confirm their current status.

On R7, 2 shops out of 5 previously identified as closed (surveyed 2016) were found to be

still closed, while the remaining 3 have been abandoned and found demolished with no

one to claim for them; debris were removed to install fence. Additionally, 1 shop out of 4

previously identified as abandoned still exists while the other 3 shops have been

removed. This brings the total number of abandoned/removed shops to 7 and closed

shops to 2. The total number of shop owners to be considered for relocation and/or

compensation is 25 vendors4, 23 operating and 2 closed, while the 7 abandoned shops

are omitted.

On R8, out of 52 owners of small businesses surveyed on Dec 2016, 42 shops were

found operating while 5 were closed, and 5 abandoned. The total number of shop owners

to be considered for relocation/compensation from R8 is 47 vendors including the closed

shops.

Thus, the final count of PAPs encroaching on section R7 and R8 is 72 (25+47) shop

owners. Table (2) below provides detailed numbers of encroaching entities on both

sections.

Table 2: Distribution of Entities Encroaching on the ROW of R7 & R8

Section

# Area Length (km)

*Number

of Entities

R7

Moved to Um Unaij from Batha 2

Um Unaij 30 km spread along with intervals

of 1 to 3 km 23

R8 Rumaila-Safwan spread in two major sections of 6 km 42

Rumaila – Basra Scattered 5

Total Number of Entities Length of the overall project: 257 km 72

*12 abandoned shops are not included in this table (7 in R7 and 5 in R8)

* 7 Closed shops are included (2 in R7 and 5 in R8)

Note: vendors are distributed along R7 and R8 basically at three areas. Vendors at Um Unaij area are spread along 30 km, it is

unrealistic to give definite numbers although a measurement is estimated, with concentration within 2 km at check point

(station 120+000).

4 The word vendor means here a person offering something for sale, especially a trader in the street


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The majority of entities on R7 and R8 are shops that offer mainly basic car maintenance

services and food supply, with the exception of a small number of water stations which

are relatively larger investments on section R8 (see Annex 1 Google map for distribution

of encroaching entities on R7 and R8).

7. ENCROACHMENTS ON THE ROW OF SECTION R7

7.1 Unlicensed Entities

The Dec 2016 survey counted 32 entities encroaching on the right-of-way of R7 (see

Annex 2 list of entities encroaching on R7). However, the Dec 2018 updated survey

revealed that 7 shops are either abandoned or demolished. This brings the total to 23

shops operating and 2 closed. The Resettlement Area will be constructed to relocate

operating and closed shops based on their request, owners of closed shops will be

contacted during compensation process to check their preference. Table (3) summarizes

the updated status of 25 entities encroaching and their areas on the ROW of R7.

Table 3: Operational Status of Entities on the ROW of R7

Status of Entities Number of Entities Area of Entities

Operating shops 23 1402m2

Closed Shop 2 76 m2m2

Total 25 1,477 m2

Small Businesses

Around 64% of the shops on ROW of R7 sell food supply and the rest are mainly

engaged in offering services to cars traveling the expressway. Some of the shops have

prayer units which are mainly used by shop owners. Table (4) summarizes the various

economic activities and areas of shops encroaching on the ROW of R7.

Table 4: Economic Activities of shops encroaching on the ROW of R7

Type of Activity Number of Units Area of Units

Food shop 16 1038 m2

Tire repair shop 6 117 m2

Restaurant 1 275 m2

Closed shops 2 76m2

Total 25 1478 m2

Worship Sites

There are unlicensed Hussainyas built on the right- of- way of both sections R7 and R8.

These Hussainyas are constructed by private individuals and are mostly visited during

the pilgrimage season. On the ROW of R7, there are 6 Huassainyas, their areas range

between 100m2-300m2 and their distance from the asphalt range between 20 to 100

meters (see Annex 4 for details of area and distance). Since, officials insisted that it was

very difficult to remove worship sites for cultural reasons, a fence will be placed around


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them and pedestrians can access them from the service road while traffic will be

permitted from the express way. However, the construction of any additional worship

sites on the ROW must be completely prohibited.

8. ENCROACHMENTS ON THE ROW OF SECTION R8

8.1 Unlicensed Entities

Small Businesses

A total of 52 entities were found on the right-of-way of R8 during the Dec 2016 survey.

Out of which, 42 were operating, 5 were closed and 5 abandoned entities (see Annex 3

for a complete list). The Dec 2018 survey showed that the 5 abandoned entities are

demolished and therefore will not be counted. Table (5) summarizes the status of 47

entities encroaching and their areas on the ROW of R8.

Table 5: Operational Status of Entities on the ROW of R8

Status of Entities Number of Entities Area of Entities

Operating shops 42 3571.5 m2

Closed shops 5 262m2

Total 47 3,833.5 m2

Around 34% of the shops on ROW of R8 sell food supply, 23% of the shops are water

stations and the rest are mainly engaged in offering services to cars traveling the

expressway. Table (6) summarizes the various economic activities and areas of shops

encroaching on the ROW of R8.

Table 6: Economic Activities of Shops encroaching on the ROW of R8

Type of Activity Number of units Area of Units

Food shop 16 1224.5m2

Car oil 2 128 m2

Tire repair 3 45 m2

Car maintenance 2 172m2

Barber shop 2 151 m2

Water stations 11 1425 m2

Bottled water shop 1 16 m2

Restaurants 3 172m2

Coffee shop 2 238m2

Closed shops 5 262 m2

Total 47 3,833.5 m2


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Houses

Currently, there are 3 houses constructed on the ROW of R8 beyond the fence line, their

areas range between 150 to 400 M2 and they are located around 86 meters away from the

road. Since these houses are relatively far from the Expressway, there is no need to

demolish them as they will be separated from the Expressway by the chain fence. Access

to those houses will only be possible from the service road, which is connected to the

Expressway via the overpasses and interchanges, thus the residents will not be affected

by the fence closure. Table (7) below specifies the location and names of owners of

houses encroaching on R8.

Table 7: Houses constructed on the ROW of R8

Owner Name

Coordinates Area in

M2

Distance from

Curb in M

Description of

Building Easting North

1 47.71737072 30.13601405 150 85.5 Block house with

Iron Roof

2 47.71714701 30.13618103 400 85.5 Brick house with

Iron Roof

3 47.59857189 30.29186401 306 83.5 Brick house with

Iron Roof

Worship Sites

On section R8 there are 8 Hussainyas, 1 out of which was under construction at the time

the census was being conducted (see Annex 4 for a complete list). The areas of these

Hussainyas range between 130m2-650m2 and their distance from the asphalt range

between 15 to 80 meters. As previously explained, it was decided that all worship places

will be kept due to cultural considerations, a fence will be placed around them and

pedestrians can access them from the service road while traffic will be permitted from

the express way. However, the construction of any additional worship sites on the ROW

must be completely prohibited.

9. INSTALLING THE FENCE AND GUARD RAIL

The Express way is a limited access road. The carriage way is protected by a fence

installed 22 meters away from the carriage way at each side of Expressway. Service

roads are located parallel to Expressway and about 100m from each side of the carriage

way and are utilized by the surrounding farms and villages for local traffic (Figure 2).

The service roads connect to the Expressway via the overpasses at exits of Expressway.

The fence prevents pedestrian, animals, vehicles and others to access/cross the

expressway randomly. There are several underpasses crossings along the Expressway for

pedestrians and animals. The entities that are separated from the Expressway by the

fence will have access from the service roads. Worship sites on ROW will only be

accessed from the Expressway. The fence will not be installed before the relocation of

shops/compensation of shop owners is completed.


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Figure 2: Typical interchange for Expressway and service road connection

Guard rail at the right edge of the expressway is required where there is an obstruction

(light pole, pier, traffic sign or other road furniture) or where the embankment is more

than 3 meters high. Until the vendors are relocated/compensated, no guardrail will be

installed in front of the shops, thus allowing vendors to continue working without

interruption.

10. LICENSED ENTITIES ON THE ROW OF SECTIONS R7 &R8

10.1 Gas Stations and Rest Areas

There is one licensed gas station with a restaurant on the ROW of section R7.

Additionally, there are two rest areas proposed in section R7 within the ROW. On the

ROW of R8, 4 gas stations were found, 1 of which was under construction. All gas

stations are usually part of rest areas owned by the Road and Bridges Directorate, they

have a designated access from the Expressway and will not be impacted by project

activities.

10.2 Checkpoints

There are several checkpoints on the carriageway of the expressway; the current

rehabilitation activities will include the construction of new checkpoints on the right-of-

way in order to relocate the ones currently on the carriageway. In Um Unaij, on section

R7 there are 2 check points, one on each side of the Expressway, they will be replaced


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by two checkpoints being constructed on ROW of R7. Section R8 has 3 checkpoints, one

at Basra entrance serving both sides of the expressway, and another 2 on the right side of

expressway at Rumaila and Sidra. On R8, two checkpoints are under construction to

relocate the Sidra and Basra ones.

11. COMPARISON OF RESULTS OF 2013 BASELINE CENSUS WITH 2016

SURVEY

11.1 Small Businesses

The 2013 baseline census carried out by Consolidated Consultants and the government

of Iraq identified 27 entities encroaching on sections R7 and R8 (23 on R7 and 4 on R8).

On the ROW of R7, 17 entities were identified as active and 6 with unknown names are

no longer present. On the other hand, on section R8 the 2013 census found only 4

encroaching entities none of which were active. Meanwhile, the 2016 census identified

84 entities illegally encroaching on the right-of-way, 32 on section R7 and 52 on R8. Out

of the original 17 vendors identified in the 2013 census only 1 is still operating on

modified section of R7 (Um Unaij) and 6 vendors are still operating on the eliminated

section of R7 that will not be considered for compensation. Table (8) below shows the

current status of small businesses on R7 compared with the 2013 Census.

Table 8: Comparison of Small businesses owners on R7 with the 2013 Census*

Status according to 2016 survey Name of Owner Governorate #

Abandoned -

Dhi Qar 1

Abandoned - Dhi Qar 2






Operating - Dhi Qar 8





Abandoned -

Dhi Qar 13

Operating

Replaced by his brother Rashed Hayyad

- Dhi Qar 14


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Operating in Um Unaij - Dhi Qar 17

No longer present Unknown names Dhi Qar 18-

23

*The 2013 census did not identify any owners of small businesses encroaching on R8.

It is expected that the number of shops constructed on the ROW would increase over the

years since there is no enforcement of law to prevent this from taking place. However,

around 70% of the owners of these shops claim to have been operating before 2013.

Similarly, the baseline census of 2013 made no mention of houses constructed on the

right-of-way while the current census located 3 houses on section R8, with two of the

families claiming to have been living there since 2004. However, these 3 houses are

beyond the fence line and will not be impacted by project activities because they are

located about 83 meters away from the road.

11.2 Licensed Gas stations

The baseline census of 2013 counted 1 gas station on the ROW of R7 and none on R8.

As mentioned earlier in this report, there are currently 4 gas stations on section R8. Only

one gas station exists on R7, in addition to two stations under construction in rest areas.

12. PREPARTION OF THE RESTTLEMENT ACTION PLAN

12.1 Introduction

Prior to public consultation meetings with the community, the Iraqi government had only

considered the construction of resettlement areas to group the owners of small business

encroaching on the right-of-way of sections R7 and R8 as a social mitigation measure. However, this has changed after the first consultation meetings and more remedial options were

made available to PAPs. Several consultation meetings were held to discuss various options

described in details in sections below, the options discussed in each meeting are summarized as

follow:

Round 1- Jan 2018

During this round of consultation, two alternatives were proposed;

a- Relocation to a new Resettlement area

b- Relocation to an existing parking area

Round 2 – December 2018

In this round of consultation, the option of cash compensation was introduced in addition

to relocation.


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Round 3 – Feb/Mar 2019

During this round of consultation, two options were discussed:

a- Provision of safe access to businesses in their current location

b- Provision of other resettlement assistance (including cash) that can restore PAPs

livelihoods and incomes to pre-displacement levels.

Round 4 –Mar 20, 2019

The individual consultations were repeated in R8 section of Expressway to reconfirm the

preferred options of PAPs presenting the three options for compensation; money,

relocation and safe entry/exit in the presence of IDRC, third party monitoring

representatives.

It is to be noted that due to changes in the maintenance strategy, the implementation of

project works in section R8 will be divided into two phases. The first phase will cover

R8A only, while works in R8B, beyond Station 52+000, will be executed at a later stage

(tendered under the TCP project). Hence, the implementation of remedial measures in

section R8 will also take place in two stages. As such, the first phase will address the 15

PAPs located in R8A, while the second phase will deal with the 32 shops in R8B since

vendors are not affected by current works. Nonetheless, all PAPs located in section R8

participated in consultations and specified their preferred remedial options.

In conclusion and based on the 4 rounds of consultations, financial compensation is no

longer demanded by shop owners, for the exception of one shop owner (number 19 in

Annex 3) who is no longer considered as a PAP since he abandoned his shop and is

currently working on a truck he owns to make a living as goods distributer.

1- For R7, 25 vendors selected the resettlement area that will be built under the project

in R7 contract which is located about 2 KM away from the vendors’ current

residences, which is a similar distance in average to their current shops. Their choice

of relocation rather than financial compensation is because relocation will ensure

them continuous business particularly the chosen location is exposed to traffic on

expressway as clients with proper entrance and exit to the resettlement area. Taking

into consideration that most shops in R7 are within a stretch of 1km of the

expressway, therefore almost no change in distance or travel time between the

vendors’ residences and work in both cases of their current shops locations or R7

resettlement area.

2- For R8, 41 vendors are considered as PAP after dropping one vendor (number 19 in

Annex 3) who demanded cash compensation, but he is no longer considered as a

PAP since he abandoned his shop and is currently working as good distributer on a

truck.

PAP’s selections are as follow:

R8 Sta 0+000 to Sta 52+000 (Altcom Contract) a total of 13 shops

-7 shops remain in location with safe access.

-2 shops at Basra Exit to be relocated to Parking area at station 40+000


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-1 shop to set back in the same location

-1shop to be relocated behind the fence with access to service road.

-1shop to be relocated to resettlement area in R7.

-1shop to be relocated 100 away from rest area wityh safe access.

R8 beyond Sta 52+000 (New Contract) a total of 28 shops:

-28 will be subject to safe access modifications and required setbacks.

Since the choice made by each shop owner was according to their personal preferences and

what they deemed best for their businesses, differences in implemented compensation options

between R7 and R8 are not expected to create social conflict among PAPs.

The paragraphs below detail the results of each public consultation and interviews that

followed.

12.2 Public Consultation Meetings

The final Resettlement Action Plan and selection of resettlement areas are the result of a

series of formal meetings and public consultations, as well as ad-hoc interviews with

people affected by project activities.

Apart from several meetings with officials at the governorate level and with

representatives of clans, starting January 2018, four major public consultation meetings

were held with PAPs and members of surrounding communities. In Basra governorate 2

public consultations were held, and another 2 in Dhi Qar governorate. The Resettlement

Committees with all their members were introduced to the people during those meetings,

and the following was explained:

description and overview of the project with all its phases;

the Resettlement Action Plan;

eligibility criteria for relocation;

functions of the Resettlement Committee and the grievance redress mechanism; and

all concerns of the people were answered.

Further interviews with PAPs in R8 were conducted in February and March 2019 aiming

to propose to shop owners the possibility to remain in their current locations where

possible, while relocating shops that are built within few meters from the carriageway

edge.

12.3 Safwan-Basra Public Consultations (R8)

i) January 16 ,2018 Meeting On January 16, 2018 a public consultation meeting was held at Safwan Directorate Public

Hall with PAPs and representatives of the community surrounding the expressway from

Basra governorate (see Annex 5 for the list of attendees). The following issues were raised

and amendments to the resettlement plan were made accordingly:

Proposed resettlement area located at station 60+000 was rejected by PAPs as they

stated it was difficult to reach, and located far from their homes. An alternative was


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suggested and initially accepted by PAPs; shops being distributed along 7 parking areas

on both the left and right side of section R8.

Names of all beneficiaries of the resettlement action plan were read out to verify the

names small business owners identified during the survey.

The owners of some shops that were closed during the survey were identified.

All participants agreed with the principle of relocation and the cut-off date effective

Dec 24, 2016 for the identification of adversely affected people.

Figure 3: The consultation meeting with PAPs in Basra (R8)- January 2018

ii) December 6, 2018 Meeting

On December 6, 2018 a second public consultation meeting was held in Safwan at the Guest

Hall to inform PAPs about the availability of financial compensation in addition to the option

of relocation to a resettlement area. The meeting was attended by 31 owners of small

businesses, while a total of 11 shop owners who were absent were individually visited

following the meeting. The details of PAPs selected options of compensation are in Annex 6.

2 shop owners chose to relocate to Um Unaij resettlement area in R7


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16 shop owners agreed on the proposed financial compensation (6,000 USD)

Although the Survey of Dec 2016 only identified 11 small businesses owners who had

water treatment stations, as shown in Annex 6, during the meeting an additional 13 shop

owners of the existing PAPs claimed they had water treatment as well. Moreover, with

the exception of 1 shops, all owners of water treatment shops considered the financial

compensation not to be enough, stating that they were willing to relocate the treatment

equipment (filters and reverse osmosis R/O units) beyond the fence location on their own

expense provided that they were allowed to maintain the current direct access to the

expressway. They explained that their clients were basically local tankers transporting

treated water to the surrounding neighborhood, in addition to the usage of water for

agricultural purposes (the latter activity is not affected by the project).

For safety considerations, direct access from the expressway for the tankers is not

possible and cannot be granted since direct access will increase the rate of accidents and

fatalities.

The Committee repeatedly clarified that the amount specified for financial compensation

was the same for all and would not increase.

The meeting was also attended by 11 new shop owners. It was clarified to them that they

are not eligible for compensation and they accepted the eligibility criteria (cut-off date as

of December 24, 2016).

Figure 4: The consultation meeting with PAPs in Basra (R8)- Dec 2018


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iii) February 27 and March 3 and 13 2019 Interviews

The scope of work on R8A/R8B has been modified by RBD as discussed during the World

Bank mission in May 2018. The modification is to stop maintenance on R8B beyond Station

52+000 and increase the level of maintenance on R8A under the current contract with Altcom.

Reconstruction of the section beyond Station 52+000 (R8B remaining works) is proposed

under another contract to be tendered under TCP due to budget limitation of the current

project.

On February 27, 2019 additional interviews were conducted with vendors on R8B (See Annex

7 for list of interviewed PAPs) within the current work area of Altcom. On the 4th of March

2019, interviews were repeated after studying the topography for the relocation of 4 shops

(Annex 8 for list of PAPs). The interviews were carried out for the following reasons:

Scope of work on R8A/R8B has been modified as mentioned above.

Owners of small businesses, particularly owners of water treatment stations, requested an

increase in the amount of financial compensation. The budget for such compensation is beyond

the assigned budget for relocation or compensation; taking into consideration that those

vendors did not exist in 2013 and were not considered for compensation or relocation.

During the earlier consultation sessions, the vendors requested to stay at their locations

maintaining access to their shop from the Expressway

Discussions between concerned staff in PMT and Consultant.

Figure 5: Basra Interview with Vendors Section (R8) February 27, 2019


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Reviewed By: AKI 22

The interviews aimed to propose to the owners of small businesses the following options:

1- Provision of safe access to businesses in their current location including setback

of shops that are built within few meters from the edge of carriageway, to allow

for a safe setback from the edge of pavement by constructing new shops in the

same locations approximately 15m away from the edge of pavement and the

implementation of safe entrance/exit.

2- Provision of other resettlement assistance (including cash) that can restore PAPs


Eleven shop owners will have safe access added as an options and were interviewed.

The options of access chosen by the shops on R8B between 0+000 and 52+000 station

in addition to R8A/B are as follows:

Seven shops (7) including 5 shops that operate as water treatment stations, in addition

to 2 shops that rejected the amount of compensation.

There will be access for each shop. The tire shop at station 47+400 to utilize the

access of water treatment shop located at station 47+450. No relocation will take

place

Two shops 2 at stations 31+100 built within 2 meters from the carriageway edge

preferred to maintain their work in close proximity to their current location in an

existing parking area about 6 km of their shops at Station 40+000 R8B instead of

providing a safe setback and safe entrance/exit or cash compensation. The vendors

preferred option will allow them to resume their activity near their residences.

One shop (1) at station 31+575 built within 2 meters from the carriageway edge will

remain at same location but away from the carriageway to provide a safe setback.

A Shop (1) at station 14+000 on R8A requested to be relocated to behind the fence

and away from Expressway. Access is available from exist/service road.

Noting that:

Two Shops (2) on R8A were visited frequently and found closed, the shops with their

current status indicate not to be operating for a long time and considered abandoned.

Two shops (2) to be relocated to R7 resettlement area.

On March 13, 2019 interviews were conducted for the purpose of presenting the below options

to shop owners located in section of R8B beyond Station 52+000. Team social expert and team

leader conducted the interviews with the presence of independent 3rd party observer (IDRC)

(Annex 9). The following options were presented to PAPs:

1- Provision of safe access to businesses in their current location including setback of shops

that are built within few meters from the edge of carriageway, to allow for a safe setback


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Reviewed By: AKI 23

from the edge of pavement by constructing new shops in the same locations approximately

15m away from the edge of pavement and the implementation of safe entrance/exit.

2- Provision of other resettlement assistance (including cash) that can restore PAPs


All available options of compensation were presented to shop owners. The vendors preferred

to remain in place with safe entrance/exit since their residences are in the areas behind their

shops, and remaining in current locations will keep their businesses unaffected. The vendors

committed to adhering to the safety of the entrances and limit their works within the shop

yard without using the Expressway as extension of their work. Five shops require set back as

they are close to the Expressway.

The number of interviewed vendors was 28 vendors. Three shops were closed and could not

be reached, it seems they are not operating. Additional fourth shop, whose owner attended

previous consultations, was deserted (the vendor was contacted by phone on the second day

and chose the option of safe entry/exit with setback of shop).

The engineering survey suggests that the shops are grouped in 13 groups. Shops in each group

are accessed by a safe entry/exit access.

Of the 13 groups, two groups will continue to utilize accesses of parking areas that they are

currently use: some works will is required to allow safe exit only.

Four shops (4) built within few meters from the carriageway edge will remain at same

location but away from the carriageway to provide a safe setback.

Figure 6:Basra Interview with Vendors Section (R8) March 13, 2019


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iv) March 20, 2019 Interviews

For the purpose of completing RAP on R8 and consideration of final choices of shop owners,

PMT instructed the Consultant, Team International, to conduct individual consultations with

vendors on March 20, 2019. The individual consultations were repeated in R8 section of

Expressway to reconfirm the preferred options of PAPs after presenting the three options of

compensation; money, relocation and safe entry/exit. The individual consultations are

performed to allow site investigation and reduce the time of preparation that a public

consultation requires. (Annex 10)

It is to be noted that on R8 section, a total of 52 shops are present, out of which 5 previously

abandoned (unoccupied, partially vandalized and non-operating) and 5 non-operating, empty-

closed shops.

The individual consultations were conducted in R8 shops by Team International Team leader

and the Social Expert with the presence of a third-party monitor.

The compensation options that are printed on the signature sheets were read out and explained

to the vendors in Arabic for them to be aware of the resettlement options and the

formalization options that govern their occupation of the shops on the Expressway ROW in

cases of relocation or maintaining current location.

The options were as follows:

1- Financial Compensation of 6000 USD

2- Relocate to resettlement area or parking areas

3- Stay in current location with engineered Exit/Entry provided by MOCHPM, including

constructing a new shop if necessary, while keeping safe distance away from road.

The vendors committed to preserve carriage-way the road furniture that will be built by the

project in front of shops and perform all required legal actions with the related authorities for

utilizing the land through:

1- rent, (the word بدل in Arabic is understood as rent by local people)

2- investment (the word استثمار in Arabic is understood as investment by local people)

3- or rent-free. (the word تسامح in Arabic is understood as rent-free by local people)

The vendors were reminded of the available three options of compensation which they were

aware of from previous meetings. The vendors chose the third option since their homes are

located in areas behind their shops, and this will guarantee that their businesses will continue

and will not be interrupted. The vendors committed to adhere to the safety of the entrances

and limit their works within the shop yards without using the Expressway as an extension of

their businesses. Vendors whose shops require full or partial demolition were briefed on all

construction works that will take place, in case of choice other than financial compensation.

Vendors were notified that their shops will remain in place until alternative shops are built

and available for their use, thus their businesses will not be interrupted; a fact that was

conveyed to them through the consultation meetings.

A wrap up session was held between the Team Leader, the social expert and IDRC

representatives after the completion of individual consultations.


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All 52 shops included in survey were visited, including the previously 5 abandoned

(unoccupied, partially vandalized and non-operating) and 5 non-operating empty-closed

shops.

Three operating shops were closed at the time of interview and the vendors could not

be contacted. One previously chose relocation to R7 resettlement area. Second

previously chose to maintain location with safe access to his shop. The third

previously chose to set back behind the fence with access from exit/service road.

Later, TEAM Social Specialist reached them by phone and they confirmed their

previous choices.

One vendor requested compensation though his shop has been deserted and found

empty with broken door (Figure 7). During this round of consultation, the shop was

found abandoned in addition to the 5 abandoned shops mentioned above.

It is to be noted that this vendor was involved in all previous consultations of Jan 2018

and Dec 2018 assuming he was conducting business from his shop at that time.

During March 13, 2019 consultations, the shop was found empty and the owner

showed up for the interview after noticing interviews being carried out in other shops,

he chose to have the engineered safe access for his shop.

Figure 7: Shop Owner Requesting Compensation

During the March 20 2019 consultations, it was very clear that this vendor’s shop was

no longer in use and the door was found broken. This was further confirmed when the

shop owner stated that he is working on a truck that he owns distributing goods to

other shops to earn a living, and that he is no longer using the shop (statement


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Reviewed By: AKI 26

recorded by voice recording and kept on file) and therefore, he abandoned it. This fact

was not known at the time he attended the first consultation in Guest Hall and

demanded financial compensation, nor when he showed up during earlier interviews

in February (Figure 7).

The truck driver was contacted after the interview by phone (statement recorded by

voice recording and kept on file). He declared that he started to work as goods

distributor a year ago after participating in the consultation in January 2018 where

relocation to parking areas was the only available option to the vendors. Thus, his

choice of financial compensation in December 2018 is not connected to working on

truck.

The remaining contacted vendors have chosen to remain in location with engineered

safe access as the existing conditions of site permit, with the possibility of set back

and relocating shop as needed to allow safe distance away from the Expressway.

An old man who owns two shops operated by his two sons requested cash

compensation. During the interview, he was not certain of his choice and his sons

wanted to maintain location. Later he was re-contacted after the interview for the

following reasons:

- Both his sons who work in the shops complained that there are difficulties in

restarting their business in another location.

- The owner of shops was hesitating and changed his decisions during the interview

to finally decide on money compensation.

Therefore, the Consultant felt it necessary to re-confirm his final choice. After

discussing with IDRC the owner was re-contacted and he chose to maintain location

with engineered safe access and he signed for the safe access.

One vendor contacted by phone (did not sign) as requested by an employee working in

the shop. The vendor wants to maintain location with setback after he chose

previously to relocate to R7 resettlement area. His shop location is located few meters

away from the carriageway and initially he selected to relocate to R7 resettlement

area. More over the shop is located on a lot that is under development as a rest area by

a developer who recently signed an exploitation agreement with RBD, and thus it is

not possible to re-locate the shop away from the edge of pavement to allow for safe

setback. The vendor claims that he has approval from governorate and that there is a

court case from rest area investors to remove the shop. During the interview he

rejected the money compensation and nullified his previous decision to relocate.

However, his place is already reserved in R7 for him as per his previous decision.

Later, and after consulting PMT, he was again reached by phone and he accepted to be

relocated 50 to 100 meters away from the rest area with safe access to his shop.

One person whose sons are running 2 shops requested to stay in location with setback.

Currently they are at few meters from carriageway. He was informed that it is not

possible to provide a safe setback due to the shop location near Basra exit and high

required embankment (5 meters high at least for a 150 square meters area). The two

shops are food and tire repair. The clients are mostly trucks. Subsequent to the

meeting with the vendor, the site was visited and his location was constrained by his

proximity to the Exit ramp leading to Basra and the low lying area behind his shop.


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Reviewed By: AKI 27

Therefore, the shop owner became convinced that setback was not possible, and chose

and signed on the option of relocating to the parking area at Station 40+000.

In conclusion, 41 vendors out of the 42 known vendors preferred to maintain location

however five of them should be relocated due to site conditions. The remaining vendor

requested cash compensation knowing that he is working to make a living as goods distributer

on a truck he owns, and his shop is currently abandoned.

All vendors were informed about the changes required for constructing safe access and that

the project will pay for all the modifications needed whether setback measures, partial

demolition and reinstatement or safety measures. And they were repeatedly notified about the

proposed 14 m2 area of shops during consultations. The setback is as follows:

Full setback will result in construction of a standard size new shop of 14m2.

This is consistent with the existing size of shops to be setback.

Partial setback will be according to site conditions and most of the shops

requiring setback will be not require full construction but removal of annexes

such as toilets. All re-instatement of annexes will be paid by the project.

Figure 8:Example of mitigation measures

12.4 Dhi Qar Public Consultations (R7)

i) January 31, 2018 Meeting

On January 31, 2018 a public consultation meeting took place at the Dhi Quar Clans

Affairs Office with PAPs and representatives of the community surrounding the

expressway from Dhi Qar governorate (see Annex 10 for list of attendees). The


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following issues were raised and some amendments to the resettlement plan were made

accordingly:

PAPs were presented with 2 options for relocation. First option is constructing a

resettlement area at station 118+000. Second option is to distribute shops along

existing Parking Areas in section R7.

Vendors selected the first option of a resettlement area with all its facilities. An

agreement will be signed with the shop owners in this regard. (Additionally, financial

compensation will be offered for people who prefer to receive cash).

PAPs only concern about the resettlement area is regarding possible security

problems since it will be located far from police checkpoints while their existing

shops are located close to the checkpoint. Officials present at the meeting reassured

them that there will be regular police checkups around their location.

Names of all beneficiaries of the Resettlement Action Plan were read out to compare

with survey lists. The owners of some shops that were closed during the time of the

Survey were identified.

Participants agreed with the principle of relocation and the cut-off date as of

December 22, 2016 for the identification of adversely affected people.

Figure 9:: The public consultation meeting with PAPs in Dhi Qar (R7)-Jan 31,2018

December 3 ,2018 Consultation Meeting

On December 3, 2018 a second public consultation meeting was held in the guest house of

Um Unaij head of clan to inform PAPs about the availability of financial compensation in

addition to the option of relocation to a resettlement area at station 118+000 of R7. All PAPs

chose relocation and none requested financial compensation.


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The total number of PAP’s in R7 is 25, 20 out of which attended the meeting. The remaining

5 were absent, the choice of one of the vendors was conveyed by his colleague, and 4 shop

owners were visited later on December 3. Two of the absent PAPs were contacted and they

chose to relocate to Um Unaij resettlement area while the other 2 could not be reached

although they were visited again on December 8, 2018. (Annex 11)

13. FINANCIAL COMPENSATION

Financial compensation has been offered as an option for the PAPs who prefer it. A fixed

amount of 6000 US dollars per PAP was offered to enable the PAP to cover the construction of

14 square meter shop. The total budget for this arrangement will be 504,000 USD. The

allocated budgets in R7 and R8 will be combined to form one source of compensation fund.

The second round of consultations that were conducted on December 3, 2018 and Dec 6, 2018

for R7 and R8 respectively revealed the following:

a. 23 out of 25 PAPs in R7 chose relocation option. The remaining 2 are closed

shops but will be contacted during relocation process to check their preferred

option;

b. 42 out of 47 PAPs in R8 were consulted and the remaining 5 are closed shops.

The findings of the consultation are as follows:

i) 2 vendors chose to relocate to the settlement area in R7;

ii) 16 vendors agreed on the proposed cash compensation of 6,000 USD;

iii) 24 vendors requested an increase in the compensation amount stating that

6,000 USD does not cover the cost of equipment they installed for their

businesses. It should be noted that the number of water shops increased

since 2016 census (originally 11 now 24);

c. The remaining 5 vendors cannot be reached at the moment, but will be

contacted regularly during compensation process.

Figure 10:The public consultation meeting with PAPs in Dhi Qar

(R7)- Dec 2018


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In February and March 2019 interviews in section R8A/B, preference for construction of safe

entrance/exit and relocation of individual shops was favored to money compensation and

resettlement areas.

In conclusion and based on the 4 rounds of consultations, financial compensation is no longer

demanded by shop owners except for one whose shop is abandoned and he is working on a

truck and should excluded as a PAP.

14. RESETTLEMENT AREAS AND REMEDIAL MEASURES

R7 section

In December 2017, section R7 starting point at Batha area was shifted from station

00+000 to station 02+750 as per PMT letter 473 dated December 19, 2017 (Annex 14).

The objective of this change was to avoid relocation of the majority of small shop

owners at station 00+000. This has resulted in the reduction of number of PAPs in Batha

area from 52 to 2 vendors only. Thus, the final number of PAPs under R7 is reduced

from 84 to 25 vendors operating and 7 shops found abandoned and demolished. Vendors

in R7 chose to be relocated and will be hosted in Um Unaij resettlement area at station

118+000 left side. In addition, 1 vendor from R8 Rumaila and Basra area who is close to

R7 section of Expressway will also be hosted in Um Unaij resettlement area. Moreover,

there is a possibility of adding two shops as requested by the Governorate of Dhi Qar to

avoid any conflict that may rise upon relocation (See Annex 17).

Two additional shops will be constructed for resettlement management purposes; hence a

total of 30 shops will be constructed in R7 resettlement area (25 vendors from R7+1

vendor from R8+2 shops as requested by Governorate+2 shops for management). It

should be noted that all abandoned shops will not be relocated and are omitted from the

final count. The resettlement area is designed to host 2 vendors from R8, since one

vendor had changed his choice to remain in R8 the assigned shop will be added to the

management area).

The resettlement in R7 is located about 2 KM away from their current residence, similar

to the distance between their current shops and their homes. During January 2018

consultation, the vendors were offered the options to be distributed among parking areas

in R7 but they preferred to be gathered in a resettlement areas for security

considerations. Moreover, all shops in R7 are constructed on the carriage way and

require demolition after constructing the new resettlement area.

Set back in location will not provide them with one resettlement area as they are

scattered on both sides of the expressway and in more than one location along R7.The

kind of businesses they run do not require direct connection to their farms/homes. The

goods are transferred to the shops by vehicles

Moreover, their preferred choice of relocation rather than financial compensation is due

to the fact that relocation will ensure them continuous business since the chosen location

is exposed to traffic on the expressway ensuring a flow of clients; taking into

consideration that most shops in R7 are within a stretch of 1km of highway and not far

from their residences. Therefore, negligible change in distance or travel time is

encountered between residence and work in both cases. It is to be noted also, that the

new resettlement area is located on the east side of the northbound, where their

residences are located, which makes the new resettlement area easily accessible to them.


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The technical review resulted in selecting Um Unaij resettlement area at 118+000 which

allows least embankment and infrastructure construction. This agrees with the vendors’

choice of relocation. Design and earth works of the resettlement area have started.

R8 section

As for section R8, the original resettlement area that was proposed in the BOQ is located

on the left side of station 60+000 hosting 47 shops. Since during the first round of

consultation, R8 vendors did not agree to this option, the construction of this

resettlement area was put on hold.

On the other hand, the scope of work on R8 has been modified as discussed during the

World Bank mission in May 2018. The modification is to stop maintenance on R8B

beyond Station 52+000 and increase the level of maintenance on R8A under the current

contract with Altcom. Reconstruction of the section beyond Station 52+000 (R8B

remaining works) is proposed under another project to be tendered due to budget

limitation of the current project. However, all the vendors on R8 were addressed under

two different groups as follows:

R8A/B – Current Altcom contract (Sta 0+000 up to Sta 52+000)

Out of the 15 shops in this section; one (1) will be relocated to R7 resettlement, two (2)

shops are empty and closed with no sign of being operated and should be removed as

they are located on the edge of carriageway, however they will be visited regularly

during construction process. This leaves 12 shops to be addressed.

Due to the type of the remaining 12 shops along R8B no resettlement area was agreed to

with the vendors in section R8B of the Expressway. Alternatively each shop will be

addressed individually.

- Seven shops (7) will remain in location on R8 and are offered access from the

Expressway. The tire shop at station 47+400 and the water treatment shop

located at station 47+450 will utilize one access resulting in construction of 6

safe entrance/exit accesses.

The proposed works for the safe entrance/exit access includes earthworks,

pavement, extension of expressway culverts, guardrails and fence behind the

shops. A typical drawing for such access is attached in Annex 18. It is expected

that such access will allow safe entrance and exit for vehicles visiting those

shops taking into consideration the 3 meters wide existing shoulder allowing

drivers to regulate their speed while entering/exiting.

- Two shops (2) wished to be relocated to Parking area at Station 40+000 R8B.

The works for those two shops will include building two shops in parking area

and demolition of existing shop. Access of parking area will be utilized.

- One shop (1) built within 2 meters from the carriage edge wished be relocated

at same location but away from the carriage way. The works for this shop

include building new shop, demolition of existing shop, and with modifications

of access to allow smooth usage.

- One shop (1) at station 14+000 R8A wished to relocate behind the fence away

from Expressway. The works for this shop include building new shop and


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Reviewed By: AKI 32

demolition of existing shop. Access is available from service road that is

exiting from Expressway at that location.

- One shop previously chose to relocate to R7 now the shop will be relocated 50

to 100 meters away from the rest area under development with safe access to

his shop.

The shops to be relocated in addition to the closed shops will be demolished as they are

built on the edge of the Expressway carriageway. The removal will occur after the

vendors have moved in to the newly built shops.

R8B remaining works beyond Station 52+000

Thirty two (32) shops beyond Station 52+000 are addressed along with construction of

that section of Expressway by providing safe entrance/exit thus not being affected by the

current works.

The interviews indicated that all of the vendors, except 1, preferred to stay in their

locations with construction of 10 safe entry/exit accesses and two groups require exit

only being located near parking areas.

One vendor requested cash compensation knowing that he is working on his truck to make a living as goods distributer and his shop is currently abandoned. Shops built within few meters from the carriageway edge will remain at same location

but away from the carriageway to provide a safe setback. The works for those shops

include building new shops, demolition of existing shop, and with modifications of

access to allow smooth usage.

Safe Entrance and Exit R7 and R8

The safe entrance and exit will be provided for all Shops whether built in resettlement

area, remain in location with and without setback, built in another location or utilizing

current parking areas. A typical drawing for the access is provided in Annex 19. The

design of each access will take into consideration the shops to be served whether they are

single shops (R8), group of shops in R8 or resettlement area in R7. Detailed location

surveys will be conducted prior starting construction of each access. The access will be

modified and adjusted for each individual shop or group of shops. The project documents

provide signage for parking and resettlement area and used for each access. Building of

such accesses will not interfere with the current operations of shops.

In principle, the existing locations of shops away from carriage way will determine the

required setback. Shops that sell general goods will be set back at least a distance of 9

meters separated from carriage way by a guard rail and divided into 2 meters buffer zone,

5 meters of roadway and 2 meters as parking lane in front of the shop.

The water treatment shops will be set back at least a distance of 15 meters separated from

carriage way by a guard rail and divided into 4 meters buffer zone, 7 meters of roadway

and 4 meters as parking lane in front of the shop.

Shop Utilization Legal Status

A standard yearly rent agreement will be signed between the PAP’s and the

Ministry/RBD. This rent agreement will state the area occupied by the vendors on a case

by case basis. Consultations with each vendor and the appointed committee will take

place to determine the rent price per square meter for both R7 and R8.


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Reviewed By: AKI 33

14.1 Budget

New shops will be built with area of 14 m2 calculated based on the specified area in R8

BOQ divided by the number of PAPs in R8 as follows

The specified area for construction: 630 m2

With allowable increase of: 10%

Considered number of PAPs: 52

630*1.1/52=13.3 m2

The area is adopted for shops in R7 although the specified to maintain fair construction

for all PAPs. R7 resettlement area is currently under construction based on this 14 m2

area of shop. Most if not all of existing area of shops in R7 are less than 14 m2.

According to the BOQ, the estimated budget for the construction of the resettlement

area in R7 is USD 515,780 with a possibility of increase by 10% as a provisional sum

item. The budget is for the construction of two settlements of a total area 1,394m2 of

building and 4,182 m2 of infrastructure. This budget will be used to construct a

resettlement area for the 30 small business owners, 14 square meters shop for each

irrespective of the areas of their existing shops (table 4).

As for section R8, the BOQ budget is USD 213,000 for constructing a resettlement

area, of total area 630m2 for building and 1,260 m2 of infrastructure with a possibility

of 10% increase as a provisional sum item. This budget was allocated for the 4 small

business owners surveyed in 2013.

The budget will be increased to cover building 5 shops with the necessary land

preparations, construct 8 right-in/right-out accesses for 9 shops, demolition of shops,

earthworks, pavement, extension of expressway culverts, guardrails and fence behind

the shops. Detailed land survey will be conducted prior to construction.

As for R8B, beyond station 52+000, implementation of the safe entrance/exit will be

part of the tender being prepared at present and to be launched soon under the TCP

project. Estimated budget for the works on this section is 700,000 USD.

Additional costs encountered in both Sections R7 and R8 (current works) will be

included in a variation order after completion of the design of the resettlement area and

shops and the safe entrance/exit. Table (9) summarizes the estimated construction

budget.


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Table 9 : Resettlement Areas Construction Budget

Express

way

Section

Type of works 2013 Shop

owners

Allocated Area

(BOQ)

M2

Allocated

budget (BOQ)

USD

2016 PAP*

Shop owners

**Proposed

number of

Shops/

Beneficiary in

this RAP

***Area of

each shop

to be

constructed

M2

Expected

Budget

in USD

R7

Construction of shops 23 1,394 390,320 25 30 14 700,000

Infra-structure

for one settlement

4,182 125,460

R8

Construction of shops 4 630 176,400 15

(two closed

shops will be

eliminated)

Net 13

5 14 30,000

safe entrance/exit

1260 37,800 8 400,000

R8B

Beyond

52+000

safe entrance/exit

For 11 groups of shops

31

(three closed

shops will be

eliminated in

addition)

Net 28

28 14 700.000

*In R8 31 of the 46 vendors are addressed with construction of Expressway section beyond Station 52+000. (3 are closed and non-operating will be eliminated)

**R7: Um Unaij resettlement area will host 30 shops as follows: 25 vendors from R7, 1 from R8, 2 management office and 2 as requested by governorate

R8: Construct 8 safe entrance/exit accesses for 9 shops, relocation of 2 shops to parking area, 3 shop relocation with access.

R8B Beyond 52+000: construct 10 full entrance/exit accesses for 10 groups of shops and 2 exits for 2 groups. 5 shops setback.

***The area of shops in the resettlement area and the newly constructed shops will be the same for all shop owners.


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Reviewed By: AKI 35

15. GRIEVANCE REDRESS MECHANISM

According to the RAP approved in 20135, the Resettlement Committee in each

governorate receives and resolves grievances from “the public wanting to report

complaints or seek redress for project activities that cause them or their communities

harm”. Moreover, 2013 RAP indicates that information regarding the Grievance Redress

Mechanism (GRM) should be widely disseminated through local newspapers and on sign

boards posted at road works entrances and at each service lay-by. The GRM also

guarantees the rights of affected persons in legal due diligence, and the ability to

complain even after the project is completed.

15.1 Procedural Steps According to 2013 RAP

PAPs will register their complaints and grievances at the Resettlement Committee which

will provide a written response within 15 calendar days of receiving the complaint.

If PAPs are not satisfied with the decision of the Resettlement Committee, they will

present their case to the Ministry of Housing and Construction within 15 calendar

days of receiving the written response.

If PAPs are not satisfied with the decision of the MOHC, they can submit their case

to the Governorate Council, or Municipality Council level of the GRM which must

respond with 15 days of receiving it.

If PAPs remain dissatisfied with the responses, they may take the case to the courts.

PAPs will be exempted from all administrative and legal fees.

The GRMs will operate for the full duration of the project. After that period, PAPs will

have access to a technology-based GRM (based on mobile phone systems) which will be

designed and operationalized under the project and will be integral to routine

management and maintenance of the Expressway.

15.2 Resettlement Committees

The Resettlement Committees oversee the implementation of a Grievance Redress

Mechanism, as well as the legal, administrative and financial affairs of the resettlement

process in each governorate (see Annexes 12 and 13 for official Decisions to form the

Committees). Each Resettlement Committees will include the following representatives:

Ministry of Construction and Housing (MOCH), through Roads and Bridges

Directorate (RBD) Project Management Unit (PMT)

Ministry of Construction and Housing, Expressway Department

Governorate Council

Financial Department

Representatives of municipalities

Directorate of Clans Affairs, as representatives of communities surrounding the

Expressway.

5 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1, 2013.


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Reviewed By: AKI 36

The GRM implementation will be monitored through the following indicators:

Number and type of complaints

Resolved cases and time for resolution of complaints

16. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES

According to the 2013 RAP6, the principal institutions responsible for resettlement and

Mitigation processes are the following:

the Ministry of Construction and Housing will oversee and finance the resettlement

and Mitigation activities

Governors will be responsible for implementation of the Resettlement and Mitigation

activities, and will ensure effective management and operation of the Resettlement

Committees as well as GRMs

Municipalities along the Expressway will be the first level of approach for the GRM

and take charge of waste collection from resettlement areas

The World Bank will work with the government of Iraq to ensure compliance with its

social safeguard policies.

Table 10: Institutional Responsibilities for the Implementation of RAP

Stakeholders/ Institutions Responsibilities

Ministry of Construction and

Housing, and Municipalities and

Public Works through Roads and

Bridges Directorate (RBD)

Project Management Unit (PMT)

Ensuring that the project conforms to World Bank safeguard

policies, including implementation of the RAP.

Internal and external monitoring and evaluation of RAP

activities.

Submission of quarterly and annual Reports on RAP

implementation to relevant Government departments and to

World Bank.

Funding of all mitigation activities to PAPs

transfer of appropriate resources to Governorates and

implementation bodies.

facilitating the provision of necessary permits to hasten the

construction of resettlement areas.

Governorate Councils of Dhi Qar

and Basra Forming and activating Resettlement Committees.

Ensure that RCs are fulfilling their roles in following up on all

matters related to PAPs till resettlement is completed.

World Bank Ensuring that OP 4.12 Involuntary Resettlement is

implemented.

6 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1,

2013.


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Reviewed By: AKI 37

final review, clearance and approval of the RAP.

Monitoring and Evaluation

Officer/Environmental Officer

Ensure that there are sufficient resources (time, money and

people) to supervise the implantation of social safeguards.

Ensure that mitigation measures as specified in the RAP are

fully complied with in a timely manner

Ensure that any changes during the implementation process that

have environmental or social impact are communicated to the

MOCH in time

Resettlement Committees (RCs)

Guide resettlement activities in both Governorates.

Prepare a detailed implementation plan (quarterly, semi-annual,

annual).

Ensures early involvement of the local communities and PAPs

and a transparent decision-making process

Ensure appropriate dissemination of the grievance redress

process to all communities and PAPs.

resolve grievances and suggest solutions for outstanding issues

to all relevant parties.

Organize public meetings to disseminate the RAP report to all

relevant stakeholders.

Assist local people in overcoming hardship during the

implementation period.

Project Affected Persons (PAPs) file complaints to RCs for any and all grievances

Cooperate with the authorities during the implementation of the

RAP and committing not to reconstruct shops on the ROW.

17. IMPLEMENTATION SECHEDULE

The budget for the resettlement is based on the cost of the substitute facilities where the

entities are to be relocated. The cost reflects the provision of replacement structures

which, at a minimum, are equivalent to the existing structure as was the agreement

reached through the interview and public consultation process with PAPs.

The PMT of RBD should finalize all mitigation agreements with all PAPs who will be

adversely affected by the road works on R7 and R8. This means that adversely affected

PAPs should sign formal agreements regarding the mitigation and compensation to be

provided, during the public consultations. Table (12) below provides details of

implementation schedule.


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Reviewed By: AKI 38

Table 11: Implementation Schedule of Social Safeguards Activities for PAPs

Activities R7 R8

Commencement of Road Works January 2016-ongoing January 2016-ongoing

Final Census of PAPs December 22, 2016 December 24, 2016

Cut-off date December 22, 2016 December 24, 2016

Creation & activation of Resettlement

Committees

July 12, 2017 December12, 2017

Dissemination of information on

Grievance Redress mechanism to PAPs

December 2017 December 2017

Commencement of Construction works of

resettlement areas

February 2019 April 2019

Relocation of PAPs to resettlement

areas/compensation

June 2019 June 2019

Resolution of Grievances December 2017 - June 2019 December 2017 - June 2019

Monitoring Report on Mitigation and

Compensation by RBD to World Bank

Quarterly Quarterly

18. MONITORING AND EVALUTION

The implementation of RAP will be continuously monitored by MOCH internally to

track implementation and resettlement activities and social mitigation measures. The

monitoring system is meant to track progress of implementation of RAP and ultimately

measure whether or not planned activities are producing desired impact of improving or

maintain PAPs’ livelihoods.

According to the monitoring and evaluation system specified in the 2013 RAP7:

Governorate officials are responsible for forwarding monitoring information to the

MOCH on a monthly basis once the resettlement and mitigation process gets

underway.

MOCH is responsible for collating the information received and entering it into a

database which measures inputs, outputs and outcomes from the various resettlement

activities, and which records the involvement of the affected PAPs. When this process

identifies persistent PAP grievances which are not resolved through the GRM system

at the local and Governorate level, MOCH will provide appropriate assistance to

resolve these grievances.

After resettlement activities have been completed on a specific road contract, the MOCH

staff will review the process.

7 Republic of Iraq, Ministry of Construction and Housing, Resettlement Action Plan, Rehabilitation of Expressway No.1,

2013.


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Reviewed By: AKI 39

The World Bank will supplement MOCH’s monitoring process by carrying out

independent monitoring and spot checks.

19. RESETTLEMENT AUDIT

An External expert will carry out an independent audit to ensure that the overall

objective of the resettlement action plan was achieved in an equitable and transparent

manner. The following tasks will be covered:

• Verification of the delivery of various compensation options (engineered

modifications to shops and alternative shops to PAPs relocating) to the satisfaction

of PAPs

• Review of grievance cases to assess whether grievance resolution was carried

out in accordance with RAP provisions in a timely manner, to PAP’s satisfaction.

• Review of internal monitoring reports and whether there are outstanding issues.


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Reviewed By: AKI 40

20. ANNEXES

Annex 1: Google map for distribution of encroaching entities on R7 & R8

R7 R8


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Reviewed By: AKI 41

Annex 19: Typical Shop Safe Access – R8

rehabilitation of expressway no.1 section r7 and r8 … · 2019-04-03 · this report summarizes...

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