resettlement action plan (rap) executive...

RESETTLEMENT ACTION PLAN (RAP)

Final RAP Report

REPUBLIC OF IRAQ

MINISTRY OF CONSTRUC

THE REHABILITATION O

(ERRP.CON.SSS.ESIA E

RESETTLEMENT ACTION

EXECUTIVE SUMMARY

SEPTEMBER

Partners in building an emerging world

PLAN (RAP) EXPRESSWAY NO.1EXECUTIVE SUMMARY

S-i Consolidated Consultants

REPUBLIC OF IRAQ

MINISTRY OF CONSTRUCTION AND HOUSING

THE REHABILITATION OF EXPRESSWAY NO. 1 I

IRAQ

(ERRP.CON.SSS.ESIA EW-1)

RESETTLEMENT ACTION PLAN

(RAP)

EXECUTIVE SUMMARY

FINAL

SEPTEMBER 15, 2013

Partners in building an emerging world

Tel: + 962 6 4612377

Fax.: + 962 6 4612380

73 Al-Mutanabi St. 4th Circle,

P.O. Box 830746 Amman 11183, Jordan

e-mail: [email protected], www.ccjo.com

EXPRESSWAY NO.1 EXECUTIVE SUMMARY

Consolidated Consultants

TION AND HOUSING

F EXPRESSWAY NO. 1 IN

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RP1473 v3 Rev

RESETTLEMENT ACTION PLAN (RAP) EXPRESSWAY NO.1 EXECUTIVE SUMMARY

Final RAP Report S-i Consolidated Consultants

EXECUTIVE SUMMARY

TABLE OF CONTENTS

Page

INTRODUCTION S-1

POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK S-1

DESCRIPTION OF THE PROJECT S-2

PREPARATION OF THE RESETTLEMENT ACTION PLAN (RAP) S-5

SOCIO-ECONOMIC CHARACTERISTICS OF AREAS ALONG THE EXPRESSWAY S-6

LAND USE ALONG THE EXPRESSWAY S-6

POPULATION SETTLEMENTS ALONG THE EXPRESSWAY S-7

EDUCATION LEVELS OF POPULATIONS ALONG THE EXPRESSWAY S-7

LIVELIHOODS OF POPULATIONS ALONG THE EXPRESSWAY S-7

ANTICIPATED IMPACTS ON PROJECT STAKEHOLDERS S-8

DETAILS OF PAPS WHO WILL BE ADVERSELY AFFECTED BY PROJECT

ACTIVITIES S-9

PUBLIC CONSULTATIONS S-10

MITIGATION MEASURES S-12

NUMBERS OF PAPS BY GOVERNORATE AND ROAD CONTRACT (C)

SECTION S-16

GRIEVANCE REDRESS MEASURES S-17

RESPONSIBLE INSTITUTIONS, IMPLEMENTATION SCHEDULE, AND

MONITORING AND EVALUATION RESPONSIBILITIES S-18

RESPONSIBLE INSTITUTIONS S-18

IMPLEMENTATION SCHEDULE S-19

MONITORING AND EVALUATION S-21


Final RAP Report S-ii Consolidated Consultants

List of Tables

Page

Table 1: Expressway No.1 Road Sections ......................................................................................... S-4

Table 2: Summary of Entities along the Road ................................................................................... S-8

Table 3: Project Impacts on PAPs ................................................................................................... S-10

Table 4: Existing Government Service Areas and Fuel Stations where service lay-bys will be

established for relocation of PAPs .................................................................................... S-15

Table 5: Proposed New Fuel Station and Service Lay-bys to be established for ............................ S-15

Table 6: Number of Affected Entities by Governorate (incl. operational, seasonally operational

and possibly abandoned) ................................................................................................... S-17

Table 7: Timeline for Social Safeguards Activities by Road Contract ........................................... S-20

List of Figures

Figure 1: Map of Iraq showing the Path of Expressway No. 1 ......................................................... S-3

Figure 2: Distribution of Land Use (Part I) ....................................................................................... S-6

Figure 3: Distribution of Land Use (Part II) ...................................................................................... S-7

Figure 4: The Express Way 01-Existing Official Gas Stations ....................................................... S-13

Figure 5: The Express Way 01-Existing Official Stations .............................................................. S-13

Figure 6: The Express Way 01-Proposed Official Stations ............................................................. S-14


Final RAP Report S-1 Consolidated Consultants

EXECUTIVE SUMMARY

INTRODUCTION

This Executive Summary of the Resettlement Action Plan (RAP) for the Bank financed Rehabilitation of Expressway No. 1 Project summarizes the main data and information on the extent and nature of resettlement impacts on project affected people (PAPs) who will be adversely affected by project activities. It also presents summarized information on the mitigation and compensation measures to be applied to redress the unavoidable adverse effects of project activities on project stakeholders. The Executive Summary also provides census details; nature and extent of consultations undertaken to advise the public, including PAPs, of the project and its expected outcomes, and also provide opportunities for the public to ask questions and provide input on their concerns regarding project activities, and engage on possible mitigation and compensation measures to be provided to affected stakeholders.

POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK A desk study was carried out to identify and assess the applicable legal and administrative regulations to be applied to project activities. The assessment considered both Iraqi laws and the policies and procedures of the World Bank. The relevant national and local law pertaining to the project activities for Expressway is:

• The Republic of Iraq’s Acquisition Law No. 12 of 1981. This law says that the State has the right to remove encroachers and settlers on State-owned land without compensation. The World Bank’s Policies applicable to this project are:

• The Involuntary Resettlement Policy (OP 4.12)

• The Environmental Assessment Policy (OP4.01)

The objectives of the Bank’s OP4.12 on Involuntary Resettlement are to:

• Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs

• Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least restore them

• Encourage community participation in planning and implementing resettlement

• Provide assistance to affected people regardless of the legality of land tenure.

A gap exists between GOI laws and regulations and the Bank’s OP 4.12 in that national law provides for removal of all individuals and entities encroaching on State land without mitigation or compensation. Additionally, 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 and OP 4.01 will apply to project activities.



The World Bank’s policies require that a Resettlement Action Plan (RAP) be prepared whenever property must be acquired, or its use modified, for a project, and this acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary, and whether the occupation is legal or illegal. Resettlement of project affected persons (PAPs) in the project site will therefore be carried out in accordance with laws, regulations and guidelines of the World Bank’s Operational Policy (OP 4.12), which has resulted in the preparation of this RAP. The Entitlement Matrix developed for this RAP complies with requirements of the Bank’s policies. The Government of Iraq has committed to applying the World Bank Safeguards Policies to the entire transport corridor project. This includes the segments of the transport corridor that are not supported by the World Bank. As such the environmental and social due diligence of these road segments will include the preparation of environmental audits and resettlement audits prior to the end of the appraisal period of the World Bank funded road segments. These environmental and social audits will assess the non-Bank funded road segments compliance with the safeguards policies, identify any gaps in terms of environmental and social management and develop corrective action plans, if needed. The Government will implement these corrective action plans/environmental management plans/RAPs for non-Bank funded road segments in addition to the environmental management plans and RAPs for Bank-funded segments. The Bank will monitor E&S management for both non-Bank funded and Bank funded road segments during implementation to ensure compliance with World Bank Safeguards Policies. Additionally, consistent with application of OP 4.12, the disclosure requirements required under the Bank’s Environmental Assessment Policy (OP 4.01) apply. The RAP, prepared by the Borrower, is being submitted to the Bank prior to project appraisal. Once cleared by the Bank, this RAP required to be publicly disclosed in-country and also in the Bank’s InfoShop prior to project Appraisal, with the Executive Summary being posted at that time in English and Arabic. The full RAP, in both English and Arabic will also be publicly disclosed.

DESCRIPTION OF THE PROJECT

The Expressway No. 1 is one of two road works being supported under the Iraq Transport Corridors Project. Project activities for Expressway No. 1 involve: rehabilitation and resurfacing of damaged sections of the Expressway and installation of road furniture vital to road safety. Expressway No. 1 has been a heavily travelled road for decades and is heavily used by freight trucks, tourists, and the general public. This is a high speed transport corridor that is vital to Iraq’s economy, but which suffers numerous deficiencies and has a high accident rate. As the Expressway already exists and will not be widened, no new land acquisition is required. Project activities will be undertaken over a four year period. The Expressway consists of two main sections. The length of the Southern part of the road (from Baghdad to Safwan-Basra interchange) is about 510 km of 3x3 lanes with a standing lane (15.5m width), then the road splits into a 51 km 2x2 lane heading to Basra, and thereafter it is a 64 km 2X2 lane heading to Safwan. The Western part of the road from Baghdad to Rutbah is a 455 km 3x3 lane with a standing lane (15.5m width), but reduces to two 2x2 lane roads, from Rutbah to Tribel, and Rutbah to Al Walid. Figure 1 below shows the Expressway path (both western and southern). The Expressway passes through several Governorates in Iraq - Al Anbar, Baghdad, Babil, Al Qadisyah, Al Muthanna, Dhi Qar and Basrah.



Figure 1: Map of Iraq showing the Path of Expressway No. 1

Summary of existing features of the Expressway are as follows:

• Expressway length, including interchanges: 1250 km

• 6-lane sections: 800 km

• 4-lane sections: 450 km

• Existing Access roads : 250 km

• Number of interchanges: 25

• Number of expressway branches: 3

• Number of expressway bridges: 80, with total length: 9230 m

• Number of road overpasses: 117, with total length: 6820 m

• Length of existing drainage culverts: 100 kms

• Number of rest areas with fuel station: 15 existing, but with limited facilities

• Number of parking areas: 200 Road works activities to be supported by the Project along the entire length of the Expressway include the following:

• Rehabilitation and resurfacing of the Expressway in sections where necessary

• Installation of signs and road furniture

• Provision of road safety measures including: installation of guardrails in the median and sides where necessary to prevent access to the road and prevent unsafe crossing and u-turns by traffic; installation of a chain link fence along both sides of the road to limit access and



prevent animal crossings; re-delineation and clearing of the road Right of Way (ROW), and, re-delineation of the corridor of impact (COI).

• Expansion of existing, and provision of new, service lay-bys to accommodate PAPs who have

encroached on the ROW or are in the COI and who will need to be relocated.

Table 1 below provides summary information on different sections of the Expressway.

Table 1: Expressway No.1 Road Sections

Road Section Length

(kms)

Lanes

Existing

New Lay-Bys

#

Southern Section

R4: Baghdad West-Hilla 105 3x3 4

R5: Hilla-Diwaniya 77 3x3 3

R6: Diwaniya-Nasiria 131 (3x3)1 1

R7: Nasiria-Rumaila 145 3x3 2

R8: Rumaila-Safwan 112 3x3 1

Western Section

R9: Baghdad West-Hit9 124 3x3 2

R10: Hit-Tullaha 134 3x3 0

R11: Tullaha-Rutba 137 3x3 1

R12: Rutba-Jordanian border 129 2x2 1

R13: Jordanian junction-Syrian border 76 2x2 1

PREPARATION OF THE RESETTLEMENT ACTION PLAN (RAP) Preparation of the RAP, including this summary, drew on information gathered from desk studies, reviews of secondary data, and from collection of new data and information from a Baseline Census conducted along the full length of the Expressway in September, 2012. The information gathered in the Baseline Census was revalidated during a second visit to all sites along the Expressway in June, 2013.

1 R6 comprises 3x3 lanes of which only one side has been surfaced. Work is ongoing to surface the entire 3x3 lanes

supported by MOCH. This section will be subjected to a post-completion social and environment audit



Desk studies and analysis of secondary data from recent surveys and demographic data examined information on communities in close proximity to the Expressway, including on settlement patterns, demographic characteristics, gender issues, employment and livelihoods conditions, and patterns of use of the Expressway. Main secondary sources included UNDP’s Poverty Analysis survey data (2012); GOI data on Land Use (2010); and GOI Population Estimates (2010). New socio-economic and cultural data and information was also gathered through an extensive consultation and interview process conducted along the length of the Expressway as part of the Baseline Census. The data and information gathering efforts revealed that 143 entities had, over time, encroached on the ROW or were within inner margins of the corridor of impact (COI). These entities will need to be relocated under the project for safety reasons and to maintain the integrity of this high volume, high speed transport corridor. They are predominantly small informal businesses such as food and supply shops, restaurants, vehicle maintenance and repair shops, very small scale dispensers of fuel and oil, etc. All are located on state-owned land. The information gathered from the Baseline Census shows that these entities are small businesses that are largely unlicensed, family owned and operated businesses. Since more than 200 persons will be adversely affected by the relocation of these businesses, the World Bank OP 4.12 requires that a full Resettlement Action Plan (RAP) be prepared. This executive RAP summary presents, is distilled manner, some of the main details available in the full document. The RAP fully conforms to the principles and requirements of the Bank’s OP 4.12 in that it:

• Is based on comprehensive efforts to gather and analyze information on PAPs likely to be adversely affected by project activities. These efforts included desk work which identified and reviewed secondary sources of information; fielding of a Baseline Census along the entire length of the Expressway; re-validation of the Census; and, broad-based public consultations with PAPs along the length of the Expressway; and consultations with PAPs.

• Draws extensively on, and responds to, public input gathered from interviews, focus groups and town hall-type meetings to solicit public opinion and concerns on project activities; ensure widespread understanding of the rights of adversely affected PAPs to mitigation; and ensures agreement on the identification of PAPs and proposed mitigation measures; and widely publicize the cut-off date (June 30, 2013) for identification of PAPs who qualify for mitigation and compensation.

• Establishes mitigation measures which will ensure that the livelihoods of adversely affected PAPs will be improved or, at a minimum maintained, during and following relocation.

• Supports easily accessible Grievance Redress Mechanisms (GRMs) for PAPs who have concerns or grievances relating to project activities. These GRMs will be activated prior to commencement of project activities and will operate until all project activities are completed. Thereafter, project activities will support the design and institutionalization of an ICT (mobile phone) facilitated “hotline” to receive and address public complaints and concerns relating to Expressway No. 1 on a continuing basis.



SOCIO-ECONOMIC CHARACTERISTICS OF AREAS ALONG THE

EXPRESSWAY

Land use along the Expressway Land use along the Expressway is predominantly agricultural, but land is less likely to be used for agriculture in the drier western area as the Maps below show. Settlements close to the Expressway are relatively few except in Babil Governorate which is considerably more urbanized. The road is also dotted along its entire length with security check points, police stations and, in some Governorates, Government-owned gas and service stations. Figures 2 and

Figure 3 present distribution of Land use.

Figure 2: Distribution of Land Use (Part I)



Figure 3: Distribution of Land Use (Part II) Population settlements along the Expressway There are 6 population centers within 1 km of the Expressway, and a further 4 within 2kms. The total population of these 10 centers is Education levels of Populations along the Expressway The Baseline Census showed that PAPs at large have a formal education level equivalent to middle school. However, many of the PAPs operating small businesses in the Expressway ROW have less formal education; many have only a few years of basic education and 16% report being illiterate.

Livelihoods of Populations along the Expressway As stated above, only a few population settlements are situated within 2kms of the Expressway, and the most urbanized area along the Expressway is in Babil Governorate. The limited employment opportunities in Iraq have caused many to establish small businesses run by one or a few immediate or extended family members which have limited turn-over but are important in that they are the most important source of income for the families dependent on them. This Expressway, with its passing traffic, provides a client source to small businesses. This has led to encroachment on the Expressway ROW and immediate COI by these small businesses. The Baseline Census undertaken for this RAP identified 143 such entities. No residences/dwellings are located on the ROW or in the immediate COI. Beyond these 143 mostly unlicensed small business entities, a number of police stations, check points and other public services are also



present on the ROW and in the COI. Relocation of entities located on the ROW and in the COI will be necessary given the need to improve safety on the Expressway through installation of road barriers, medians, and roadside fencing. Appropriate mitigation and compensation measures will be undertaken for sections of the Expressway whether financed by the World Bank, the Islamic Development Bank or the Government of Iraq.

Table 2 presents aggregate information on the 143 privately owned business entities in the ROW or immediate COI. Most are small, informal and unlicensed. Around one third (46) of the entities were closed at the time the census was undertaken. During the baseline re-evaluation, it was confirmed that 17 of the closed entities operated only on a seasonal basis. Information on the remaining 29 closed entities seemed to confirm that they were permanently closed and abandoned, but this will be further verified prior to commencement of road construction on the road contract section on which they are located.

Table 2: Summary of Entities along the Road

Operating Closed but Operate

on a Seasonal basis Possibly Abandoned

Entities 97 17 29

ANTICIPATED IMPACTS ON PROJECT STAKEHOLDERS

The specific project activities which will adversely affect PAPs are the following:

• The reclamation of the ROW and clearing of immediate COI area: This will require the relocation of up to 143 unlicensed small business entities. These will be relocated to a new site that will enable them to continue with their livelihood opportunities.

• Installation of Road Furniture: The installation of road barriers and fencing along the sides of the Expressway will mean that populations that used to cross the highway cannot do so any longer. This is a major safety feature under the project. These populations will now use underpasses that are located at 3 km intervals which will be rehabilitated and cleared under this project.

• Fencing of the Expressway: This will affect some small businesses and cultural entities, as well as residents, which could adversely affect livelihoods and cultural activities. All the small unlicensed businesses currently operating along the expressway will be relocated to a new venue chosen in manner to not harm their daily livelihoods. These are mostly restaurants, food vendors, and vehicle repairs located along the sides of the Expressway serving the passing traffic.

DETAILS OF PAPS WHO WILL BE ADVERSELY AFFECTED BY PROJECT

ACTIVITIES

The Baseline Census undertaken along the entire Expressway identified PAPs who would be

adversely affected by project activities. The full inventory of these PAPs is provided in Annex 1

of the complete RAP. The Baseline Census also identified some government and cultural entities

on the ROW or in the COI which could be adversely affected. The summary of affected entities

is as follows:



• Privately owned small businesses and vending entities. These have encroached on the state-owned ROW or are immediately adjacent to it and are almost exclusively family owned and operated. There are 143 of these entities, 97 of which operate on a year-round basis. Seventeen operate on a seasonal basis only. The remaining 29 entities were closed at the time of the Census and the Census re-validation and are reported to have been abandoned. Further efforts, prior to commencement of road works, will be made to re-confirm that these have indeed been fully abandoned.

• Government-owned entities leased to private individuals. There are 16 of these entities which are mainly gas stations and restaurants. On average, these entities employ 5 workers.

• Hussaniyahs/mosques. Two of these were identified, both being outside the ROW but well within the COI. These were both were closed at the time the Census was done, but operate on a seasonal basis. Their relocation will not be necessary, but accommodations to road barriers and fencing will need to be made to ensure continued safe and easy access by Expressway travellers. There will be no restriction of access to these mosques under the project.

• Security check points and police stations. Fifteen of these operate along the Expressway, many of which are on the ROW or in the median area. These will need to be relocated to a location which will not endanger Expressway traffic. This relocation will be undertaken by the relevant responsible Ministry.

Most of the entities encroaching on the ROW or close in within the COI, are permanent structures, being constructed of blocks and having either concrete or metal sheet roofs. However, some portable caravans, some palm thatch booths, and some mud brick and tent structures also exist. All of the privately owned small businesses provide services to passing traffic; they are restaurants; food and basic supply shops; agricultural produce vendors; tire repair and vehicle maintenance shops; and very small scale fuel and oil shops. The Baseline Census and consultation process showed that the PAPs connected to the affected entities fall into the following categories:

• Owner: Usually one individual has claimed the location with or without the consent of the authorities and invested in the structure and supporting structures (perimeter, parking, etc.). Usually the owner and his immediate male family members operate the business. Most entities are of this type.

• Tenant renters: Individuals rent the premises and operate the businesses themselves or with the assistance of immediate family members. These are exclusively men. Few of the entities are operated by tenant renters, except in the case of publicly owned and leased properties.

• Workers: Most of the entities are small and workers comprise the owner and members of his immediate family. However, paid employees do work in some of the larger entities, including in the publicly-owned leased facilities.

It should be noted that the Baseline Census, the re-validation of this Census, and the public consultations did not identify any particularly vulnerable groups (elders, women, handicapped) who would be adversely affected by the project activities. However, a sizeable number of the adversely affected PAPs are vulnerable in that they operate unlicensed businesses which encroach on the state-owned ROW and are low-income and have tenuous livelihoods. Cultural norms in the transient and largely rural locations through with the Expressway runs prevent women from working in these roadside businesses.

Table 3 below summarizes the project impacts on PAPs.



Table 3: Project Impacts on PAPs

Category of

Loss

Eligible person Compensation

(USD)

Responsible

Agency

Timeline

Structures & Buildings

Operating business vendors ( including seasonal vendors)

5,285,280 MOCH Vendors will be relocated to the new shops situated in dedicated lay-bys following construction of the shops

Closed business vendor ( Abandoned)

423,400 MOCH Same as above if owner of seemingly abandoned structure is identified and business is confirmed as being seasonally operative rather than abandoned.

Income Operating business vendors

N/A Since lay-bys and replacement structures will be completed prior to commencement of PAP relocation no loss of income by vendors is expected. However, if loss is incurred due to time taken to relocate heavy equipment, compensation will be based average daily household income pro-rated by days taken for movement of heavy equipment, with a cap being set at 5 days

Seasonal business vendors

N/A Same as above

Wage workers N/A Same as above

Other costs Paving and new Facility provision (WC, Parking, Waste disposal etc.)

1,629,990 MOCH During RCs as it is applicable and before relocation of PAPs

Public Security facilities & checkpoints

N/A Ministry of Defense

Ministry of Defense responsible for relocation of staff and facilities and for all associated costs

PUBLIC CONSULTATIONS

The public consultation process sought to gather information from as wide a range of PAPs as possible through three different approaches:

(i) Unstructured, informal interviews and discussions with randomly selected individuals along the entire length of the Expressway. These individuals included owners of business entities; workers in business entities; vendors; clients of business entities; agricultural workers; herders; community members; private travellers; drivers of commercial vehicles; etc. The objective of this consultation approach was to present information on the project to a broad range of persons using the Expressway in some way and to gather information from a one-on-one approach that encouraged free and open thinking and responses in individuals’ “typical setting”. All responses were anonymous to encourage free expression of opinions. This type of interview was undertaken during the fielding of the Baseline Census in September, 2012.

(ii) Small, informally constituted, focus group discussions which followed a structured



information sharing and questionnaire format. This type of public consultation was carried out with randomly selected entities at points along the Expressway where there were agglomerations of entities. The objective of this consultation approach was to gather information from small groups of PAPs engaged in similar activities which could jointly share and discuss issues, so highlighting common and divergent opinions.

(iii) Large Town Hall-type consultations open to invitees and the general public. Two such consultations were held, one at a central point on the Western Section of the Expressway and one at a central point on the Southern Section of the Expressway. Invitations were issued in advance to a full range of PAPs, including government (Governorate, local, and Ministry representatives), private and commercial sector PAPs, NGOs and Associations, and community representatives. Public announcements of the meetings were also issued to encourage open participation. The objective of these meetings was to make formal presentations on the project activities, inform the public of the rights of PAPs, discuss the proposed mitigation and compensation measures in detail, including discussion of the procedure used to identify adversely affected PAPs; confirm the cut-off date for identification of adversely affected PAPS, and encourage open and public discussion and debate about the project. Numerous press representatives were invited and attended the events.

At all consultations, time was given to the following:

• Background on, and need for, the project

• Expected works to be executed (resurfacing, installation of guardrails, and fencing, re-establishment of a clear ROW and immediate COI) and duration of project activities

• Locations along the Expressway which will be affected

• The objectives of safeguards procedures and presentation of the rights of adversely affected PAPs to mitigation

• Question and answer time for PAPs.

• Discussion of Mitigation and Compensation measures that would be acceptable to adversely affected PAPs

• Presentation of the grievance redress mechanisms that will be operational

• Timeline for project activities and responsible institutions.

During both the town halls and road-point public consultations – at which community representatives, owners, renters and employees business entities, farmers, and government officials participated -- discussions were held on possible mitigation measures for adversely affected PAPs. There was widespread agreement that adversely affected PAPs should be provided with replacement facilities in an accessible, nearby location. There was no interest in cash compensation as an alternative to relocation. PAPs who were likely to be adversely affected uniformly agreed that replacement of existing facilities with an equal or improved structure of the same size would be very acceptable. PAPs were also appreciative that dedicated lay-bys would formalize their business concerns, significantly improve their safety from high speed passing traffic, and significantly improve their working conditions since services (WCs, waste disposal, parking) would be provided in the lay-bys.

The principal issues and concerns brought up during the town hall consultations which were held following the interviews and focus groups, and after collection and analysis of the Baseline Census, were that:



• Participants were strongly supportive of the proposed mitigation and compensation procedures relating to relocation of businesses on the ROW and the immediate COI area. Mitigation provides for relocation of businesses to dedicated lay-bys provided with services and clustered around a gas station located near an interchange. Relocation would only happen after the lay-bys had been established and the replacement business infrastructure would be better than, or at least equivalent to, the existing structures. PAPs considered the mitigation to provide opportunities for significantly improving their business infrastructures and, by grouping small businesses in lay-bys served by gas stations, greatly improving their business and income prospects.

• Participants agreed with the procedure and cut-off date for the identification of adversely affected PAPs which is June, 2013.

• Participants expressed very limited concern about the likelihood that they would need to travel to the new lay-bys given the mitigation measures, the fact that they would be relocated to a site near their existing business, and their expectations of improved business opportunities at the new lay-by.

• Participants expressed concern about sand blowing across the road which causes many accidents. They agreed that the installation of a median and road barriers would help reduce this problem.

• Participants requested that dedicated areas for heavy vehicle parking to limit trucks stopping on the ROW. They appreciated that road barriers would limit roadside parking of trucks and that parking at lay-bys would provide alternatives to roadside parking.

• There was strong interest in beautification of the Expressway through tree planting.

• PAPs requested that priority be given to locals living along the Expressway for any employment opportunities as many of them are jobless.

• PAPs requested improved maintenance of the Expressway following rehabilitation.

• PAPs requested that traffic centres with ambulances be established at different points so accidents can be dealt with quickly

• PAPs expressed concern about the many police and security centres along the road which cause many accidents and need to be moved.

MITIGATION MEASURES

Mitigation measures will be provided to all adversely affected PAPs identified in the Baseline Census re-evaluation undertaken in June 2013. These PAPs can be sorted into 5 different groups of PAPs, each of which will be somewhat differently affected by project activities and which, therefore, will receive appropriate mitigation. These 5 groups are: (i) PAPs in Business Entities Operating Year-round: The baseline Census identifies 97

entities along the Expressway which are active and operational year-round. Interviews and public consultations with these PAPs, including owners and workers, revealed strong support for mitigation measures that involve relocation to nearby service lay-bys with dedicated parking and facilities (WCs, waste disposal, parking). These service lay-bys will create agglomerations of small businesses around a gas station located near interchanges which will concentrate travellers around a fuller and better organized set of services. The location of these lay-bys will be developed to ensure there is no loss of income to these business entities (i.e., that their living standards are expected to be maintained). PAPs will



be provided with a replacement structure of the same size (m3) as the one forfeited which will be of equal or generally better construction. The new relocation site will be established prior to relocating PAPs thus ensuring there is no loss of income in the intervening days between the relocation. In the few instances that the relocation takes longer (i.e., a few days because large equipment such as fridges, generators are moved), cash compensation will be pro-rated based on average Iraqi household annual income (US$13,000) by number of days taken for relocation (capped at 7 days) and paid to both owner/s and workers.

Figures 4 and Figure 5 show the existing official stations. The proposed official stations are

shown in Figure 6. Table 4 below shows the 22 service lay-bys (relocation site) to which

PAPs receiving mitigation will be relocated. These lay-bys will be created around both

existing and newly established gas stations as presented in Table 5.

Figure 4: The Express Way 01-Existing Official Gas Stations



Figure 5: The Express Way 01-Existing Official Stations

Figure 6: The Express Way 01-Proposed Official Stations



Table 4: Existing Government Service Areas and Fuel Stations where service lay-bys will be

established for relocation of PAPs

Name Of Entity English Name Station

Name Name of Owner

Area of

Lands (m2)

Gas station Alshumli ا�� Ministry of Oil 1000

Gas station- Rumailah Tal Allahm ��ق ا��خ

Ministry of Oil 1500 �� ا��/

East Rutba Restaurant Station

East Rutba - Upper

��ب ا�� /��

General Directorate for Roads and Bridges 6000

Arab Gulf Station Ala'skandariyah ری�� ا ��General Directorate for

Roads and Bridges 3300

Al Nada Fule Station Al-Fallujah �!��"ا� General Directorate for


Station and Restaurant of West Al Rotbh

West Rutba - Lower

��ب ن�زل/ ا��


Medina Al Monawarh Station Upper Ramadi

ا��دي Abdulsattar Juber 1250 ا�)��

Gas Station Al-Mahmudiyat-

T 10 ا�+�+�ی�ت ط

/10 General Directorate for


Tolaha Gas Station Tullaha �� General Directorate for


Al Ghota Al moshayyadh Station

East Rutba - Lower

ش�ق ا�� ن�زل/


Al Rotbh Cross Restaurant

Rutba Intersection -

Upper

��0/ ا�� ا�)��/


Al Rotbh Cross Restaurant

Rutba Intersection –

Lower

��0/ ا�� ن�زل/


station of West Al Rotbh (Al Abed)

West Rutba -Upper

��ب ا�� /��


Trebeel Restaurant + Gasoline Station Treibil � ��ی�


Al Waleed Restaurant+ Gasoline Station Al_Walid � ا��


Table 5: Proposed New Fuel Station and Service Lay-bys to be established for Relocation of PAPs

Name Of Entity

Station

Name

English

Name Name of Owner

Area of Lands

(m2)

Gas station ا�� Alshumli Ministry of Oil 1000

Gas station- Rumailah ا�� Tal Allahm Ministry of Oil 1500

Arab Gulf Station ری�� ا ��Ala'skandari

yah General Directorate for Roads and

Bridges 3300

Al Nada Fule Station �!��"ا� Al-Fallujah General Directorate for Roads and

Bridges 3500

Medina Al Monawarh Station ا��دي Al-Ramadi Abdulsattar Juber 1250

Gas Station ا�+�+�ی�ت Al-

Mahmudiyat General Directorate for Roads and

Bridges 1500

Tolaha Gas Station �� Tullaha General Directorate for Roads and

Bridges 600



(ii) PAPs in Seasonally active Businesses: The baseline Census identified 17 small business

entities that are either encroaching on the ROW or in the COI which operate on a seasonal basis. Mitigation for these entities will also consist of relocation to a service lay-by situated close to the present location of the business. Replacement structures will be of the same size (m3) and of equivalent, but generally improved, construction. Cash compensation being provided if transfer of heavy equipment results in some loss of livelihoods. Such compensation will be provided to owners will be pro-rated based on average Iraqi household annual income (US$13,000) by number of days taken for relocation (with a cap being set at 7days).

(iii) PAPs using roadside Hussaniyahs/Mosques: Users of the two small

hussaniyahs/mosques situated very close to the ROW which were identified in the

Baseline Census could be hindered by the installation of road barriers and roadside

fencing. The hussaniyahs/mosques will not need to be relocated. Users will have safe

and ready access via access roads from the Expressway which will pass through entrances

provided in the road barriers and fencing. The MOCH will cover the costs involved in

providing safe traffic access to these hussaniyahs.

(iv) “Probably abandoned” business entities: The Baseline Survey identified 29 business entities on the ROW which are reportedly “probably abandoned”. The size and composition of these entities has been recorded as part of the Baseline Census. Further efforts will be made prior to road construction to confirm that they have indeed been abandoned. If some are determined to have not been abandoned then the same mitigation measures will be applied to those cases as for the seasonally active businesses. Since some of these entities are in good repair and others in very poor repair, the assumption has been made that up to 50% of these entities may not have been abandoned and mitigation costs have been budgeted accordingly.

(v) Persons needing Access across the Expressway: Traffic along the Expressway is heavy

and travels at high speed. Crossing the Expressway itself is very unsafe and will be curtailed under the project by the installation of road median and side barriers and road-side fencing. Although this will improve safety, it risks fragmenting communities and agricultural and nomadic/herding activities. There are no adverse livelihood impacts for herdsman and other population used to crossing the expressway since their safe passage across the expressway will be assured through the clearing and rehabilitation of existing under-passes which are spaced at a maximum of 3km intervals in agricultural and inhabited areas. Such under-passes already exist but have fallen into disrepair over time, being blocked by sand, brush and other debris. The project will support the clearing and rehabilitation of these under-passes which can accommodate pedestrian traffic, farm equipment, herders and animals, etc. Clearance of the under-passes in each road section will be undertaken prior to installation of fences and road barriers so cross-road travel is not inhibited.



NUMBERS OF PAPS BY GOVERNORATE AND ROAD CONTRACT (C) SECTION

The entities that will be adversely affected by project activities are spread across 6 governorates,

as shown in Table 6: Close to 46% of these are located in Babil Governorate and around 18% in

Al Anbar and Dhi Qar.

Table 6: Number of Affected Entities by Governorate (incl. operational, seasonally

operational and possibly abandoned) Governorate No. of Entities

Babil 66

Al-Anbar 26

Dhi Qar 25

Al Basra 4

Al Qadisiya 5

Al Muthanna 17

A complete Entitlement Matrix has been developed, and is included in the full RAP which provides detailed information on the PAPs qualifying for mitigation, including their location by governorate, GPS location, Road Contract location, and details of their names, nature of business or other concern, and mitigation provisions, including identification of lay-by relocation site. The Entitlement Matrix includes information on all adversely affected PAPs. The information in this Matrix was collected from the Baseline Census which was re-validated through a follow-up visit. The Entitlement Matrix includes estimated mitigation costs for the operational and seasonally operational entities, the costs of which will be covered by MOCH. The total mitigation cost for the full Expressway for rebuilding of relocated operational and seasonally operational entities amounts to $5,285,280. The cost of rebuilding “probably abandoned” entities which are found, through further checking, to not have been abandoned and are relocated is $423,400 (based on an assumption that up to 50% of these entities are found not to have been abandoned). The cost of proving paving and facilities (WCs, parking areas, waste collection areas) is $1,629,990. Hence, the total mitigation costs are estimated to be $7,338,670.

GRIEVANCE REDRESS MEASURES

MOCH will, with Governorate support, establish a Governorate Resettlement Committee (RC) in each project Governorate to oversee the effective operation of a Grievance Redress Mechanism (GRM). The GRM will be easily accessible to the public wanting to report complaints or seek redress for project activities that cause them or their communities harm. Information on the GRM will be widely disseminated through local newspapers and via sign boards posted at road works entrances and at each service lay-by. Additionally, the MOCH website will provide information on the GRMs.

The Governorate Resettlement Committees will include the following Representatives:

• Ministry of Construction and Housing/ Project Management Unit (PMT)



• Expressway Department

• Governorate Council

• Local Council

• Ministry of Agriculture

• Legal Consultant

• Financial Department

• Representatives of communities close to the Expressway in the specific Governorate The GRMs established in each Governorate are expected to resolve grievances and misunderstandings arising in relation to the resettlement and mitigation process for Expressway No. 1. The Governorate and MOCH will keep detailed records of all grievances received and responses and remediation provided. The GRMs are designed to be easy, transparent and fair. The procedural steps and responsibilities under the GRMS will be as follows:

• At the first stage, PAPs will register their complaints and grievances to the Governorate Resettlement Committee level of the GRM which will provide a written response to the PAPs, within fifteen calendar days of receiving the complaint.

• If PAPs are not satisfied with the decision of the Governorate RC, they will present the case to the MOHC within fifteen (15) calendar days of receiving the written response from the RC level GRM.

• 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 the complaint.

• 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 4 years during which project activities are underway. 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.

RESPONSIBLE INSTITUTIONS, IMPLEMENTATION SCHEDULE, AND

MONITORING AND EVALUATION RESPONSIBILITIES

Responsible Institutions The principal institutions responsible for the Resettlement and Mitigation processes are the following:

• the Ministry of Construction and Housing (MOCH) who will oversee and finance the Resettlement and Mitigation



• Governors and relevant officials in the Governorates through which the Expressway passes who will be responsible for implementation of the Resettlement and Mitigation activities, and who will ensure effective management and operation of the Resettlement Committees (RCs) and GRMs

• Municipalities along the Expressway which will play an important field-level role in managing the GRM process and be the first level of approach for the GRM and who will support waste collection from lay-bys

• The World Bank which will work with the GOI to ensure compliance with policies OP4.12 and OP4.01.

Implementation Schedule A detailed implementation framework that adequately manages the mitigation measures will be set up in coordination with the authorities and the PAPs for each Expressway Contract/road segment. The implementation framework, is already prepared in advanced draft form, and details the approach and timeframe for the construction and for the provision of the new service lay-bys and structures that will accommodate the PAPs being relocated. These will be discussed with PAPs in each road section in further consultation sessions. The time frame for project activities and the provision of mitigations is 4 years. This is also the time frame for resolution of any conflicts and grievances raised by PAPs through the GRMs. . Prior to commencing any rehabilitation works for each Road Contract (Segment or “R”), the MOCH will have finalized all mitigation agreements with all PAPs who will be adversely affected by the road works on that Road Contract. Any conflicts or grievances occurring beyond the 4 year period of project activities will be resolved via the “Expressway Hotline”, a mobile phone and IT based system which will be set up under the project to respond to citizens’ and Expressway users questions and concerns. The implementation schedule should follow the schedule outlined in the Table 7 below: The budget for the resettlement is based on the cost of the substitute facilities where the establishments 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. However, in most instances, the replacement structures will end up being significantly improved structures as they will follow building code standards which most of the original entities did not.



Table 7: Timeline for Social Safeguards Activities by Road Contract

Core Social Safeguards

Activities

Contract 4 Contract 5 Contract 6 Contract 7 Contract 8 Contract 9 Contract 10 Contract 11 Contract 12

Road Work to Commence 10/2013 10/2013 Ongoing 03/2014 03/2014 09/2014 05/2014 2015 05/2014

Set up & Activate

Resettlement Committee 09/2013 09/2013 09/2013 02/2014 02/2014 08/2014 TBD TBD TBD

Disseminate information

on Grievance Redress

System to Communities

& PAPs

09/2013 09/2013 09/2013 02/2014 02/2014 08/2014 TBD TBD TBD

Final Baseline Census of

PAPs delivered to

Governorates by MOCH

09/2013 09/2013 09/2013 09/2013 09/2013 09/2013 09/2013 09/2013 09/2013

Relocation of PAPs to

new service lay-bys

commences

05/2014 09/2014 10/2013 09/2014 09/2014 03/2015 TBD TBD TBD

Resolution of Conflicts &

Grievances

09/2013 -

10/2015

09/2013-

11/2015

09/2013-

11/2015

02/2014-

10/2016

02/2014-

04/2016

08/2014-

03/2015

2014 thru

2016

2015 thru

2017

2014 thru

2016

Quarterly Monitoring

Report on Mitigation &

Compensation by Road

Contract delivered to

MOCH and World Bank

Quarterly

04/2014–

11/2015

Quarterly

08/2014-

11/2015

Quarterly

09/2013-

11/2015

Quarterly

08/2014-

10/2016

Quarterly

08/2014-

04/2014

Quarterly

02/2015-

04/2017

Quarterly

thru end 2016

Quarterly

thru end 2017

Quarterly

thru end 2016



MONITORING AND EVALUATION The resettlement and mitigation measures for adversely affected PAPs which are detailed in the Entitlement Matrix need to be carefully monitored by the MOCH to ensure effective implementation. The 2 social experts working under the MOCH on the TCP will oversee the monitoring process and record progress and challenges. The Governorate-level MOCH social experts (typically 2 officials in each Governorate) are to be assigned responsible for ensuring effective monitoring is done in the Governorate in which they work. These officials will be responsible for ensuring that site visits are made to observe and record resettlement and mitigation processes, and interview and respond to concerns expressed by the PAPs. Additionally, appropriately timed public consultations will be held in each Governorate so PAPs can report on their satisfaction with the resettlement and mitigation process and raise concerns. These officials will also draw on information received from the GRM system in their Governorate to inform their monitoring activities. The monitoring activities must be undertaken consistently through preparation and implementation of the resettlement process, and also subsequent to the resettlement to ensure comprehensive information is gathered and responded to through the entire process. The Governorate officials are responsible for forwarding monitoring information to the MOCH on a monthly basis once the resettlement and mitigation process gets underway. The MOCH staff are responsible for collating the information received and entering it into a data and information base which measures inputs, outputs and outcomes from the various resettlement activities, and which records the involvement of the affected PAPs. When this process identifies PAP grievances or issues that are persistent and do not seem to be being resolved through the GRM system at the local and Governorate level in a timely manner, the MOCH staff are responsible for intervening and providing appropriate assistance to identify and resolve the situations. After resettlement activities have been completed on a specific road contract, the MOCH staff will review the process The Bank will supplement the MOCH’s monitoring process by supporting supplementary and independent monitoring which will be undertaken during regular project supervision missions and, where necessary, by contracted consultants having the appropriate expertise, knowledge of local country context, and language capacities.

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